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HomeMy WebLinkAboutALVENO ROSS CHIEF APPRAISER OF RICHMOND COUNTY AGREEMENT STATE OF GEORGIA, COUNTY OF RICHMOND THIS AGREEMENT, made and entered into as of the day of July, 2010, by and between the RICHMOND COUNTY BOARD OF ASSESSORS ("Board") and ALVENO ROSS ("Ross"); WITNESSETH: WHEREAS, the BOARD desires to employ the services of ALVENO ROSS as Chief Appraiser for Richmond County, Geor and WHEREAS, it is the desire of the Board to provide certain benefits, establish certain conditions of employment and to set working conditions for Ross; and WHEREAS, it is the desire of Board to (1) secure and retain the services of Ross and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Ross' morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Ross, and (4) to provide a just means for terminating Ross' services at such time as he may be unable fully to discharge his duties due to sickness or disability or when Board may otherwise desire to terminate his employ; and WHEREAS, Ross desires to accept employment as Chief Appraiser of Richmond County; NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Duties Board hereby agrees to employ Ross as Chief Appraiser of Richmond County, Georgia to perform the function and duties specified in Attachment A and to perform other legally permissible and proper duties and functions as Board shall from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Board to terminate the services of Ross at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement_ B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Ross to resign at any time from his position with Board, subject only to the provision set forth in Section 4, paragraph C, of this agreement. 1 C. Ross agrees to remain in the employ of Board for a term three (3) years beginning July 26, 2010 and ending July 25, 2013. Section 3. Suspension Board may suspend Ross with full pay and benefits at any time during the term of this agreement, but only if (1) a majority of the Board of Assessors and Ross agree, or (2) after a public hearing, a majority of the Board of Assessors votes to suspend Ross for just cause; provided, however, that Ross shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Board members bringing such charges. Section 4. Termination and Severance Pay A_ In the event Ross is terminated by Board before expiration of the aforesaid term of employment and during such time that Ross is willing and able to perform his duties under this agreement, then in that event Board agrees to pay Ross a lump sum cash payment equal to one (1) months' aggregate salary and one (1) additional month's aggregate salary for each year of service up to five (5) years service, for a maximum severance of six (6) months aggregate salary, provided, however, that in the event Ross is terminated because of his arrest, conviction, or indictment of a felony or for any crime involving any illegal act involving personal gain to him, then, in that event, Board shall have no obligation to pay any severance sum as designated in this paragraph. Payment of the severance compensation by Board and acceptance by Ross shall be in full and complete settlement of all claims or demands by either the Board or Ross against the other and a mutual release shall be executed as a condition for such payment. B. In the event Board at any time during the term of this Agreement reduces the salary or other financial benefits of Ross in a greater percentage than an applicable across- the-board reduction for all employees of Board; or in the event Board refuses, following written notice, to comply with any other provision benefiting Ross herein, or Ross resigns following a suggestion, whether formal or informal, by the Board of Assessors that he resign, then, in that event, Ross may, at his option, be deemed to be "resigned" at the date of such reduction or such refusal to comply, within the meaning and context of the herein severance pay provision. C. In the event Ross voluntarily resigns his position with Board before expiration of the aforesaid term of his employment, then Ross shall give Board thirty (30) days notice in advance, unless the parties otherwise agree. Section 5. Disability If Ross is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of twenty working 2 days over a thirty working day period, Board shall have the option to terminate this agreement. However, Ross shall be compensated for any accrued vacation, holidays, sick leave and other accrued benefits. Section 6. Salary and other Benefits Board agrees to pay Ross for his services rendered pursuant hereto, an annual base salary of Ninety thousand and 00 /100 ($90.000.00) for the first year of this Agreement, payable in installments at the same time as other employees of Board and Augusta are paid. In addition, Board agrees to increase said base salary and/or other benefits of Ross in such amounts and to such extent as recommended by the Board of Assessors and approved by the Augusta, Georgia Commission, but not in excess of such rate as granted other general employees of Augusta, except as specifically authorized by the budget approved by the Augusta, Georgia Commission. The annual base salary provided above shall be adjusted as necessary to include any cost of living adjustments (COLA) or merit raises that may be given or awarded to Ross from time to time. Ross shall also receive an annual car allowance of $5,000.00, to be paid consistent with the payment schedule determined by the Augusta, Georgia Finance Department. In the event that Ross does not participate in the County group health care plan, Ross shall also receive annual deferred compensation of S4,000.00. In the event that Ross subsequently elects to participate in the County group health care plan, then in such deferred compensation shall cease to be paid at the time Ross enrolls and the annual deferred compensation shall be prorated for the portion of the year in which he was not enrolled. Ross agrees to establish residence within the corporate boundaries of Augusta, Georgia within two (2) months of employment, and thereafter to maintain residence within the corporate boundaries of Augusta, Georgia. Once Ross establishes a residence in Richmond County, Georgia, Augusta will reimburse Ross for his moving expenses up to $5,000.00. Section 7. Outside Activities Ross shall not spend time in teaching, counseling or other non - Board connected business without the prior approval of the Board of Assessors; provided, however Ross is specifically authorized to teach IAAO, GAAO and Georgia Department of Revenue classes, in Georgia, for not more than ten (10) working days during any calendar year, without approval of the Board of Assessors. No new appraisal assignments or consulting work will be accepted by Ross without the prior written approval of Board. In no event shall Ross accept any appraisal assignments involving appraisals of real or personal property located in Augusta- Richmond County, Georgia. 3 Section 8. Renewal or Extension of Term The Parties recognize that there is a need to maintain continuity in the position of the Chief Appraiser for Richmond County, Georgia. Accordingly, the parties agree to negotiate any extension of this agreement on or before January 15, 2013, in order that both Board and Ross may make appropriate decisions related to the Chief Appraiser position, continued employment, and other matters related to Ross' relationship with Board. Section 9. Vacation and Sick Leave Ross shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Augusta, Georgia with five (5) or more years of service. Ross shall be entitled to take administrative leave, with pay, for the period of August 16, 2010 to August 20, 2010. Section 10. Disability, Health, Life Insurance and Retirement A. During the term of this Agreement, Board agrees to make available and if request by Ross, put into force and to make required employer -paid premium payments for Ross on insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering Ross and his dependents equal to that which is provided all other employees of Augusta, provided however, Ross shall pay the employee share of any premiums due under such policies and insurance plans. B. During the term of this Agreement, Board agrees to provide hospitalization, surgical and comprehensive medical insurance for Ross and his dependents which is provided all other employees of Augusta, provided however, Ross shall pay the employee share of any premiums due under such policies and insurance plans. C. The Board and Ross agree that Ross shall participate in the County pension or retirement plan and shall be deemed to be vested immediately in such plan with five (5) years of service. Section 11. Indemnification As a part of the compensation and terms of employment of Ross, the General Counsel of Augusta, Georgia is hereby directed to defend all civil, criminal or quasi - criminal actions brought against Ross arising out of the performance of his duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law or statutory rights; provided, however, the General Counsel shall not be authorized to furnish a defense to Ross if charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of Augusta, Georgia or any other governmental entity; and provided further, the General Counsel shall not be required to furnish a defense where liability insurance has been provided by Augusta, Georgia to protect outside parties and pay damages by reason of the occurrence or action complained of. It is hereby resolved that Augusta, Georgia may expend public funds to furnish all costs in connection with the defense of such action, including but not limited to attorney's fees, court 4 r costs, deposition costs, witness fees and compensation. Section 12. Other Terms and Conditions of Employment A. Board, in consultation with Ross, shall fix such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Ross, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Augusta, Georgia Charter or any other law. B. Except as otherwise specifically provided herein, all provisions of the Augusta, Georgia Charter and Code, and regulations and rules of Augusta and the Board relating to vacation and sick leave, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Ross as they would to other department heads of Augusta. C. Board shall review and evaluate the performance of Ross at least annually and in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by Board and Ross. Said criteria may be added to or deleted from as Board may from time to time determine, in consultation with Ross. Further, the Chairman of the Board of Assessors, or his designee, shall provide Ross with a summary written statement of the findings of the Board of Assessors and provide an adequate opportunity for Ross to discuss his evaluation with the Board. Section 13. No Reduction of Benefits Board shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Ross, except to the degree of such a reduction across - the -board for all employees of Board or Augusta Richmond County, Georgia. Section 14. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Ross. C. This Agreement shall become effective upon execution. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5 • IN WITNESS WHEREOF, the Richmond County Board of Assessors has caused this agreement to be signed and executed in its behalf by its Chairman, and Ross has signed and executed this agreement, both in duplicate, the day and year first above written. ALVENO ROSS Sworn to and subscribed before me this Flo day of 2010 . A yl � f' to Public, Notary Public ry c, Burke County, Georgia P M y Commission Expires June 18, 2011 My Comm Expires. RICHMOND COUNTY BOARD OF ASSESSORS BY: �i�' /,,t.v ai � Chairman APPROVED BY: AUGUSTA, GEORGIA By: U —e- ( • Mayor 6