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HomeMy WebLinkAboutCALVIN C HICKS JR TAX APPRAISER AGREEMENT STATE OF GEORGIA, COUNTY OF RICHMOND TillS AGREEMENT, made and entered into as of the eighth day of September. 2006, by and between the RICHMOND COUNTY BOARD OF ASSESSORS and CALVIN C. mCKS. JR; WITNESSETH: WHEREAS, the BOARD desires to employ the services ofCAL VIN C. HICKS. JR as Chief Appraiser for Richmond County, Georgia; and WHEREAS, it is the desire of the Board to provide certain benefits, establish certain conditions of employment and to set working conditions for Hicks; and WHEREAS, it is the desire of Board to (1) secure and retain the services of Hicks and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Hicks' 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 Hicks, and (4) to provide a just means for terminating Hicks' 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 County; WHEREAS, Hicks desires to accept employment as Chief Appraiser of Richmond 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 Hicks 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 I A. I Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Board to to/minate the services of Hicks at any time, subject only to the provisions set forth in Section 4, paragtaphs A and B, of this agreement. I I . . B. I. Nothing in this agreement shall prevent, limit or otherwise interfere with the nght of Hicks to reSIgn at any time from his position with Board, subject only to the provision set I 1 I I I forth in Section 4, paragraph C, of this agreement. C. Hicks agrees to remain in the employ of Board for a term three (3) years beginning November 1, 2006 and ending October 31, 2009. This agreement shall not preclude Hicks from being able to accept appraisal and or consulting assignments arising outside of Richmond County to be completed afto/ normal business hours. Section 3. Suspension Board may suspend Hicks 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 Hicks. agree, or (2) after a public hearing, a majority of the Board of Assessors votes to suspend Hicks for just cause; provided, however, that Hicks 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 Hicks is terminated by Board before expiration of the aforesaid' term of employment and during such time that Hicks is willing and able to perform his duties under this agreement, then in that event Board agrees to pay Hicks a lump sum cash payment equal to three (3) months' aggregate salary and one (1) additional month's aggregate salary for each year of service up to three (3) years service, for a maximum severance of six (6) months aggregate salary, provided, however, that in the event Hicks is terminated because of his arrest, conviction, or indictment 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 Hicks shall be in full and complete settlement of all claims or demands by either the Board or Hicks 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 Hicks 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 Hicks herein, or Hicks resigns following a suggestion, whether formal or informal, by the Board of Assessors that he resign, then, in that event, Hicks 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 Hicks voluntarily resigns his position with Board before expiration of the aforesaid term of his employment, then Hicks shall give Board thirty (30) days notice in advance, unless the parties otherwise agree. 2 Section 5. Disability If Hicks 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 days over a thirty working day period, Board shall have the option to terminate this agreement. However, Hicks shall be compensated for any accrued vacation, holidays, sick leave and other accrued benefits. Section 6. Salary and Car Allowance Board agrees to pay Hicks for his services rendered pursuant hereto, an annual base salary of Ninety seven thousand five hundred and 00/100 ($97.500) 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 Hicks in such amounts and to such extent as recommended by the Board of Assessors and approved by the Augusta-Richmond County 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- Richmond County 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 Hicks from time to time. Hicks shall also receive a car allowance of $5,000.00, to be paid consistent with the payment schedule determined by the Augusta..;Richmond County Finance Department. Section 7. Outside Activities Hicks shall not spend time in teaching, counseling or other non-Board connected business without the prior approval of the Board of Assessors; provided, however Hicks 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 Hicks without the prior written approval of Board. The Board is made aware that Hicks has a maintenance contract with Monroe County and may be required to consult with Baldwin County on pending 2006 appeals. In no event shall Hicks accept any appraisal assignments involving appraisals of real or personal property located in Augusta - Richmond County, Georgia. 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 Apn130, 2009, in order that both Board and Hicks may make appropriate decisions related to the Chief Appraiser position, continued employment, and other matters related to Hicks' relationship with Board. . 3 Section 9. Va<<=ation and Sick Leave Hicks shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Augusta-Richmond County with ten or more years of service. Section 10. Disability, Health, Life Insurance and Retirement A. During the term of this Agreement, Board agrees to put into force and to make required premium payments for Hicks on insurance policies for life, accident, sickne;ss, disability income benefits, major medical and dependent's coverage group insurance covering Hicks and his dependents equal to that which is provided all other employees of Augusta, provided however, Hicks 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 Hicks and his dependents which is provided all other employees of Augusta, provided however, Hicks shall pay the employee share of any premiums due under such policies and insurance plans. C. The Board and Hicks agree that Hicks shall participate in the County pension or retirement plan and shall be deemed to be vested in such plan with ten (10) years of service. Section 11. Indemnification As a part of the compensation and terms of employment of Hicks, the county attorney is hereby directed t9 defend all civil, criminal or quasi-criminal actions brought against Hicks 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 county attorney shall not be authorized to furnish a defense to Hicks if charged with a criminal offense involving theft, embezzlement or other like crime with respect to the property or money of Augusta-Richmond County or any other governmental entity; and provided further, the county attorney shall not be required to furnish a defense where liability insurance has been provided by Augusta-Richmond County to protect outside parties and pay damages by reason of . the occurrence or action complained of. It is hereby resolved that Augusta-Richmond County 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 costs, deposition costs, witness fees and compensation. Section 12. Other Terms and Conditions of Employment A. Board, in consultation with Hicks, shall fix such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Hicks, provideq. such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the Augusta-Richmond County Charter or any other law. B. Except as otherwise specifically provided herein, all provisions of the Augusta- 4 , . Richmond County 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 Hicks as they would to other department heads of Augusta. C. Board shall review and evaluate the performance of Hicks 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 Hicks. Said criteria may be added to or deleted from as Board may from time to time determine, in consultation with Hicks. Further, the Chairman of the Board of Assessors, or his designee, shall provide Hicks with a summary written statement of the findings of the Board of Assessors and provide an adequate opportunity for Hicks 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 Hicks, 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 Hicks. 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 Hicks has signed and executed this agreement, both in duplicate, the day and year ftrst above written. Sworn to and subscribed before me this _ day of , 2006. CALVINC'.ffi~ ~~/ ~ /' Notary Public My Commission Expires: IDCHMOND COUNTY BOARD OF ASSESSORS By:~lt.4 Chairman ' APPROVED BY: AUGUSTA, GEORGIA q(o/ By: c!)~vf. ~ /J()) . Mayor Sworn to and subscribed before me this 27th day of ~octo~:rii4?006, . -V/lt ,. tJuJt/A/ . otary ';ub. ic .... NIJIa Public. Richmond County. GO<lf!II8 My .C01lliIl1.SSlOn -Expires: .' !~,;{'~t!rtlll"~IOn ExPires Dec. 3. 2007 /' , Approved by .the'Augusta Commission October 17, 2006 6 ~--.B.O.ARIlilF ASSESSORS PROPERTY APPRAISAL OFFICE . ROOM 102, MUNICIPAL BUILDING . 530 GREENE ST., AUGUSTA. GA 30911 (706) 821-2310- FAX (706) 821-2325 www.augustaga..gov CHARLES F. SMITH CHAIRMAN September 21, 2006 To: The Honorable Mayor Deke Copenhaver, and Honorable Commissioners Augusta-Richmond County, Georgia Subject: Agreement Reached to Hire Chief Appraiser As you are aware, the Board of Assessors has been operating the Property Appraisal Office without a . Chief Appraiser since March 2005. Ms. Meg Birkinshaw served exceptional well as Interim Chief Appraiser until April 10, 2006, when personal concerns necessitated that she retire earlier than she and we desired. On September 8, 2006, the Board of Assessors reached an agreement with Mr. Calvin C. Hicks, Jr. to fill the position of Chief Appraiser. A copy of the agreement is enclosed The Board of Assessors is requesting the Board of Commissioners' approval of this agreement so that the appropriations agreed to can be made available to bring Mr. Hicks aboard. As stated in the agreement, Mr. Hicks has agreed to assume duties as Chief Appraiser beginning November 1, 2006. The vote to hire Mr. Hicks was unanimous by the Board of Assessors (BOA). This vote was taken August 18 following an exhaustive search, a number of interviews, thorough reference checks, and much deliberation by the Board. The search began in April. The Human Relations Department was very helpful in handling the advertising, setting up interviews, and providing information regarding personnel policies and procedures related to the hiring practices of the County. The parameters for reaching an agreement were set in a meeting held August 8 with the Commissioners' liaison to the BOA - Mr. Don Grantham, Attorney Jim Plunkett, Mr. Fred Russell, Mr. Moses McCauley (RR), Mr. James Scott (Chair of the Personnel Committee of BOA), and the Chair of the BOA. The agreement enclosed is within those parameters. The Mayor, Commissioners, and the Administrator were among those invited to meet Mr. Hicks at a luncheon on September 8. Thanks to those who could come, and thanks to all for your support. Sincerely, ". # ..d/ ~7~ Charles F. Smith, Chair, Board of Assessors Enclosure: Agreement c: Attorney Stephen E. Shepard