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HomeMy WebLinkAboutCharles R. Oliver Augusta Richmond GA DOCUMENT NAME: ChCu'ks f<. OJUI:Y DOCUMENT TYPE: 0. ~ yee;y>'\Q.f\-f' YEAR: / 90/0 BOX NUMBER: c2 FILE NUMBER: /?-g-39 NUMBER OF PAGES: /2 .; .;:. AGREEMENT STATE OF GEORGIA COUNTY OF RICHMOND rd. THIS AGREEMENT, made and entered into this ~ day of November, 1996, by and between the AUGUSTA-RICHMOND COUNTY COMMISSION ("Employer" and sometimes referred to herein as "Commission") and CHARLES R. OLIVER, ("Employee") ; WITNESSETH: WHEREAS, Employer desires to employ the services of said Employee as Administrator for Augusta-Richmond County, Georgia; and WHEREAS, it is the desire of Employer to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's 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 Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to sickness or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept employment as Administrator of the Augusta-Richmond County Commission; 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 Employer hereby agrees to employ said Employee as Administrator of Augusta-Richmond County to perform the function and duties specified in Attachment A and to perform other legally permissible and proper duties and functions as the Employer shall from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of Employee 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 the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this agreement. C. Employee agrees to remain in the exclusive employ of Employer for a term of two (2) years and three (3) months, beginning December 1, 1996, and ending February 28, 1999, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional 1 . " teaching, writing, consulting or military reserve service performed on employee's time off. Section 3. Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if (1) a majority of the Commission and Employee agree, or (2) after a public hearing, a majority of the Commission votes to suspend Employee for just cause; provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Commission members bringing such charges. Section 4. Termination and Severance Pay A. In the event Employee is terminated by the Employer before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to his remaining compensation under this Agreement or six (6) months' aggregate salary, whichever is lesser; provided, however, that in the event Employee is terminated because of his arrest, conviction, or indictment for any crime involving moral turpitude, or of any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay any severance sum as designated in this paragraph. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Commission that he resign, then, in that event, Employee, may, at his option, be deemed to be "terminated" 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 Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer three (3) months notice in advance, unless the parties otherwise agree. Section 5. Disability If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty working days over a thirty working day period, Employer shall have the option to terminate this agreement, without any liability for severance pay. However, Employee shall be compensated for any accrued vacation, holidays, compensatory time and other accrued benefits. Section 6. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $94,000, payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or 2 .i other benefits of Employee in such amounts and to such extent as the Commission may determine that is desirable to do so, but not in excess of such rate as other general employees of Augusta-Richmond County. Section 7. Outside Activities Employee shall not spend time in teaching, counseling or other non- Employer connected business without the prior approval of the Commission. Section 8. Automobile Employee shall be paid $500.00 per month as an automobile allowance during the term of this Agreement. Employee shall be responsible for all expenses related to said automobile. Section 9. Moving Expenses The parties recognize that the Employee will incur certain expenses in moving his family to the Augusta-Richmond County area. These expenses include, but are not limited to: trips to find housing, temporary housing and expenses of packing and moving himself, his family and personal belongings from Cape Coral, Florida to Augusta-Richmond County, Georgia. The parties agree that the Employee will be compensated a sum not to exceed $12,000 for packing and unpacking, any storage costs, moving expenses and insurance charges and the lump sum of $3,000 to cover incidental expenses (e. g., temporary housing, transportation and lodging to secure housing, etc.). Section 10. Vacation, Sick and Military Leave A. Employee 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. B. Employee shall be entitled to military reserve leave time pursuant to state law and Richmond County policy. Section 11. Disability, Health, Life Insurance and Retirement. A. During the term of this Agreement, Employer agrees to put into force and to make required premium payments for Employee on insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering Employee and his dependents equal to that which is provided all other employees of Employer. Employer agrees to reimburse Employee for the cost of COBRA coverage for the month of December, 1996, with coverage under the Employer's plan to commence on January 1, 1997. B. During the term of.this Agreement, Employer agrees to provide hospitalization, surgical and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer. Employer agrees to reimburse Employee for the cost of COBRA coverage for the month of December, 1996, with coverage under the Employer's plan to commence on January 1, 1997. C. During the term of this Agreement, Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. To the extent permitted by law, the medical report shall be treated as a confidential record not subject to public disclosure. 3 D. The Employer and Employee agree that the Employee will not participate in any County pension or retirement plan. The Employer agrees that instead of such contribution to a pension or retirement plan, Employer shall make a contribution of five (5) per cent of the Employee's base annual salary to a Section 457 Plan of Employee's choosing. Payments shall be made to such Plan quarterly during the term of this Agreement. Taxes on any contributions in excess of those permitted under the Internal Revenue Code shall be the responsibility of the Employee. Section 12. Dues and Su?scriptions Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. Section 13. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including such national, regional, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 14. General Expenses Employer recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses as approved by the Mayor and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 15. Indemnification As a part of the compensation and terms of employment of Employee, the county attorney is hereby directed to defend all civil, criminal or quasi- criminal actions brought against such Employee 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 Employee 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 16. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 4 .' Section 17. Other Terms and Conditions of Employment A. The Employer, in consultation with the Employee, shall fix such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided 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-Richmond County Charter and Code, and regulations and rules of the Employer 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 Employee as they would to other department heads of Employer. C. Employer shall review and evaluate the performance of Employee at least once every six (6) months 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 Employer and Employee. Said criteria may be added to or deleted from as Employer may from time to time determine, in consultation with Employee. Further, the Mayor shall provide the Employee with a summary written statement of the ~indings of the Commission and provide an adequate opportunity for Employee to discuss his evaluation with the Commission. Section 18. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. Section 19. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1 ) EMPLOYER: Larry E. Sconyers, Mayor Augusta-Richmond County Commission Municipal Building Augusta, GA 30911 (2) EMPLOYEE: Charles R. Oliver Augusta-Richmond County Commission Municipal Building Augusta, GA 30911 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 20. General Provisions A. the parties. The text herein shall constitute the entire agreement between B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 5 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. IN WITNESS THEREOF I the Augusta-Richmond County Commission has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by the Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. EMPLOYEE u--~ .-;<. ~ Notar My C Public mission Expires: 9- J~,.. fli' 6 Approved. May 21, 1996 ATTACHMENT A AUGUSTA-RICHMOND COUNTY ADMINISTRATOR AUTHORITY AND RESPONSIBILITY . Following appointment by the Commission-Council, the Administrator could be removed from office only by a vote of the Commission-Council. The Mayor is also empowered to impose disciplinary action upon the Administrator after ratification by a majority of the Commission- Council. . The Administrator would recommend all remaining non- elected department heads and directors. The Mayor shall bring the Administrator's nominations to the Commission- Council. Following appointment, these officials could be removed from office by the Commission-Council on the recommendation of the Administrator. The Administrator shall transmit any dismissal recommendation to the Commission-Council through the Mayor who shall immediately inform the Commission-Council of the recommendation. . The Administrator shall be the administrative officer of Augusta-Richmond County and head of the administrative 1 -.\ . . '. Approved - May 21, 1996 branch of Augusta-Richmond County government. The Administrator shall be responsible to the Mayor and Commission-Council for the proper administration of all affairs of Augusta-Richmond County, and his duties shall be as follows: (1) To recommend for appointment or removal all Augusta-Richmond County department heads, with the exception of the Augusta-Richmond County attorney, the Clerk of the Commission-Council, and the internal auditor, all of whom shall be appointed and discharged directly by the Commission-Councili (2) Subj ect to the rules and regulations of the Commission-Council, where applicable, the Administrator shall be the appointing authority for all other Augusta- Richmond County employees whose appointment is now or hereinafter vested in the Commission-Council, and shall have the right to employ and discharge the samei (3) To execute all lawful orders, directions, instructions, and all ordinances, resolutions and regulations adopted by the Commission-Council consistent wi th this Code and entered upon the minutes of the Commission-Councili in the execution of these matters, the Administrator shall keep the Mayor fully informed and shall coordinate with the Mayor to ensure that all laws, 2 . .' . Approved - May 21, 1996 ordinances, and resolutions of Augusta-Richmond County are faithfully executed; (4) To have supervision over all departments or divisions of Augusta-Richmond County now or hereinafter subject to the jurisdiction of the Mayor and Commission- Council; (5) To attend all meetings of the Commission- Council, with the right to take part in the discussion; (6) To prepare and to recommend salary scales for all employees; (7) To prescribe the duties and supervise the work of Augusta-Richmond County employees; (8) To require reports from heads of departments, and other employees trusted with administrative duties or exercising discretion; (9) To prepare and submit to the Mayor and Commission-Council a proposed annual budget; when the budget has been prepared and adopted as provided by law by the Commission-Council, it shall be the duty of the Administrator for Augusta-Richmond County to execute the budget; no department or office of Augusta-Richmond County government shall exceed the budget without the approval of the Commission-Council; (10) To keep the Mayor and Commission-Council fully 3 '"." Approved. May 21, 1996 advised on the financial conditions and future needs of Augusta-Richmond County and shall make such recommendations on Augusta-Richmond County affairs as the Administrator deems necessary for the efficient operation of Augusta-Richmond County; (11) To act as liaison between the Mayor and/or Commission-Council and all Augusta-Richmond County department heads or employees of Augusta-Richmond County; (12) To confer with and assist all other elected or appointed officials of Augusta-Richmond County, and all departments, such as Augusta-Richmond County health department, the Augusta-Richmond County Department of Family and Children Services, whose missions are not under the direct control and supervision of the Commission-Council, but who are dependent upon the appropriations of the Commission-Council for their continued operation; (13) To submit to the Mayor and Commission-Council at the end of each fiscal year a complete report on the finances and administrative activities of Augusta- Richmond County for the preceding year; (14) To see that all legislation, programs, regulations or plans promulgated and required by the state or federal government are duly carried out and 4 .' . . . .# ." ~ ~ ...... Approved. May 21, 1996 complied with ln accordance with such legislation, programs, regulations or plans; and (15) To perform such other duties as may be required by the Mayor and Commission-Council. The Administrator is employed at the pleasure of the Mayor and Commission-Council and performs duties under the direction and supervision of the Commission-Council through the Mayor. The Administrator maintains regular contact with the Mayor and through the Mayor keeps all Commission-Council members informed on significant and/or controversial issues involving the government, its services, policies and employees. The Administrator will assemble and provide necessary documentation for the Mayor and Clerk of the Commission- Council to prepare the agenda for all Commission-Council meetings. The Administrator would be responsible to the Mayor and Commission-Council for the establishment of comprehensive, efficient and professional administered systems of: (1) Financial planning and control; (2) Personnel management, employee and supervisory training 5 . . . . '-., r... , . . . , . ., . q - '''" Approved - May 21. 1996 and compensation; (3) Equipment and supply purchasing and inventory control; (4) Equal employment opportunity; (5) Small and minority business opportunity; (6) Community land use, economic development and strategic planning; and (7) Citizen information and service. The Administrator would prepare and present to the Mayor and Commission-Council annually a public report on: (1) State of government; (2 ) the community and Accomplishments during the past year; (3) Community and organization needs and objectives for the coming year. The Mayor would be the official spokesperson and representative of the Commission-Council in the community. The Administrator would be the official spokesperson and representative of the Mayor and Commission-Council within the government organization. The Commission~Council would be required to approve by ordinance these and any additional powers and duties of the Administrator. 6