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:
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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
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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
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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.
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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.
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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.
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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
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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
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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,
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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
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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
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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
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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.
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