HomeMy WebLinkAboutGARY W LETILLER DIRECTOR AUGUSTA REGIONAL AIRPORTSTATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT made and entered into the j day of November, 2009, by and
between Augusta, Georgia, a political subdivision of the State of Georgia, by and through
the Augusta Aviation Commission (hereinafter called "Aviation Commission") and the
Augusta - Richmond County Commission, as part of the first part, and Gary W. LeTellier,
as parry of the second part, (Employee) all of whom understand as follows:
WITNESSETH:
WHEREAS, the Aviation Commission desires to employ the services of said
Gary W. LeTellier as the Executive Director for the Augusta Regional Airport at Bush
Field; and
WHEREAS, it is the desire of the Aviation Commission to provide certain
benefits, to establish certain conditions of employment, and to set working conditions of
said Employee; and
WHEREAS, Employee desires to accept employment as Executive Director for
Augusta; and
WHEREAS, the parties acknowledge that Employee is a member of the
American Association of Airport Executives (AAAE) and the Employee is subject to the
AAAE Code of Ethics;
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1: Duties
Aviation Commission hereby agrees to employ Gary W. LeTellier as Executive Director
for said Aviation Commission to perform the functions and duties of the Executive
Director of the Augusta Regional Airport at Bush Field and to perform other legally
permissible and proper duties and functions as the Aviation Commission shall from time
to time assign in accordance with the policies, goals and objectives established by the
Commission; and other duties as assigned. Employee agrees to devote his full time,
attention and efforts to the business and affairs of the Aviation Commission during the
term of the Agreement in a reasonably diligent, trustworthy, businesslike and efficient
manner. Employee further agrees he shall be responsible for the day -to -day operations
and strategic oversight of the Airport; and the implementation of the Commission's
assignments and directives. Employee is in a Senior Executive Service position and shall
have all benefits commensurate with such position. Employee hereby acknowledges and
covenants that he is under no contractual commitment inconsistent with his obligations
LeTellier Employment Agreement
set forth in this Agreement, and that, during the term of this Agreement he will not render
or perform services for any other corporation, firm, entity or person that are inconsistent
with the provisions of this Agreement; provided, however that in no event shall
Employee be prohibited from engaging in charitable or civic activities or investing his
personal assets in such form or manner as will not violate this provision.
In addition, Employee will work with the Aviation Commission to develop both short and
long term strategies focused on enhancing Airport operations and financial performance.
Employee shall enforce all rules and regulations prescribed by the Aviation Commission;
and is charged with the duty of maintaining the Airport and the buildings thereon in good
condition.
Section 2: Term
A. Employee agrees to remain in the exclusive employ of Aviation
Commission from January 11, 2010 to January 11, 2013 and neither to
accept other employment nor to become employed by any other Aviation
Commission until said termination date, unless said termination date is
affected as hereinafter provided.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of the Commission to terminate the services of Employee at any
time, subject only to the provisions set forth in Section. 4 of this
Agreement.
C. 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
Aviation Commission, subject only to the provision set forth in Section 5
of this Agreement regarding notice.
D. Employee agrees that his employment is subject to the will of the Aviation
Commission and has accepted employment under these terms and
conditions. Employee is not a permanent employee of Augusta - Richmond
County and is not afforded any civil service protections by any Civil Service
system currently existing or which may hereafter be created by the Augusta
Richmond County Commission.
Section 3: Suspension
Aviation Commission may suspend the Employee with full pay and benefits at any time
during the term of this agreement, but only if:
A. A majority of the Aviation Commission agree, or
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B After a public hearing, a majority of Aviation 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 (10)
days prior to such hearing by the Aviation Commission members bringing
such charges.
Section 4: Termination and Severance Pay
A. Termination By Em to ee. Employee may terminate employment with
Aviation Commission at any time without cause. In the event that Employee
terminates his employment he shall not be entitled to any severance pay or
additional salary after his date of resignation.
B. Termination By Aviation Commission For Cause. Aviation Commission
may terminate Employee's employment hereunder at any time for cause
effective immediately upon delivering written notice to Employee. For
purposes of this Agreement, "cause" shall include the following: acts of
dishonesty, disloyalty, or insubordination; gross prejudice to the Aviation
Commission; habitual abuse of alcohol or other drugs; commission of a
felony or crime involving dishonesty or fraud; conduct bringing the
Aviation Commission or Augusta Richmond County into substantial
disgrace or substantial disrespect; or, material breach by Employee of this
Agreement, including failure to perform services required under this
Agreement in a timely manner or gross negligence or dishonesty resulting
or intended to result in direct or indirect personal gain to Employee to the
detriment or expense of the Aviation Commission or Augusta Richmond
County. if Employee is terminated for cause he shall receive his Salary
earned through the date of termination.
C. Termination By Aviation Commission Without Cause Any reason for
termination of Employee by Aviation Commission other than for cause
shall be considered without cause. if Employee is terminated without
cause, he shall receive six months severance pay from the date of said
termination.
D. Surrender of Records and Prooy rtv Upon termination of Employee's
employment with the Aviation Commission, Employee shall deliver
promptly to the Company all records, equipment, vehicles, manuals,
books, blank forms, documents, letters, memoranda, notes, notebooks,
reports, data, tables, calculations or copies thereof that relate in any way to
the business, practices or techniques of the Aviation Commission and all
other property, trade secrets and confidential information of the Aviation
Commission, including, but not limited to, all documents that in whole or
in part contain any confidential information of the Commission or Augusta
LeTellier Employment Agreement 3
Richmond County, which in any of these cases are in Employee's
- - -- possession or under Employee's control.
Section 5: Resignation
In the event Employee voluntarily resigns his position with Aviation Commission before
expiration of the aforesaid term of his employment, then Employee shall give Aviation
Commission three (3) months notice in advance, unless the parties agree otherwise.
Should Employee fail to give such required notice, Employee shall forfeit any claim to
any otherwise earned vacation, holidays or compensatory time, or for sick leave.
Section 6: Disability
Employee is in a Senior Executive Service position or a Key Employee as that term is
defined in the provisions of the Family Medical Leave Act and is therefore not afforded
the protections of the Family Medical Leave Act, 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 twelve weeks beyond any accrued sick leave,
Aviation Commission shall have the option to terminate this agreement, subject to the
severance pay requirements of Section 4.
Section 7: Salary
Aviation Commission agrees to pay Employee for his services rendered pursuant hereto
an annual base salary of $130,000.00, payable in installments at the same time as other
management employees of the Aviation Commission are paid, during the first year of this
Agreement January 11, 2010 to January 11, 2011.
In addition, Aviation. Commission may increase said base salary and/or benefits of
Employee in such amounts . and to such extent as the Aviation Commission may
determine that is desirable to do so on the basis of an annual salary review of said
Employee made on or before and on or before January 11"' of every year thereafter; but
not less than $130,000.00 thereafter.
Section 8: Performance Evaluation
A. The Aviation Commission shall review and evaluate the performance of
the Employee at least once annually in advance of the adoption of the
annual operating budget. Said review and evaluation shall be in
accordance with specific criteria developed by the Aviation Commission.
Said criteria may be added to or deleted from as the Aviation Commission
may from time to time determine. Further, the Chairman shall provide the
Employee with a summary written statement of the findings of the
Aviation Commission and provide an adequate opportunity for the
Employee to discuss his evaluation with the Aviation Commission.
LeTellier Employment Agreement 4
B. Annually, the Aviation Commission shall define such goals and
performance objectives that it determines necessary for the proper
operation of Augusta Regional Airport and in the attainment of the
Aviation Commission's policy objectives and shall further establish a
relative priority among those various goals and objectives, said goals and
objectives to be reduced to writing. These goals shall generally be
attainable within the time limitations as specified and the annual operating
and capital budgets and appropriations provided.
C. In effecting the provisions of this Section, the Aviation Commission and
Employee mutually agree to abide by the provisions of applicable law.
Section 9: Hours of work
It is recognized that Employee must devote a great deal of time outside the normal office
hours to business of the Aviation Commission, and to that end Employee will be allowed
to take compensatory time off as he shall deem appropriate during said normal office
hours.
Section 10: Outside Activities
Employee shall not spend more that twelve (12) hours per week in teaching, consulting or
other non - airport connected business without the prior approval of the Aviation
Commission. Provided however, that no such non - airport connected business shall be
conducted during normal business hours, unless approved by the Aviation Commission.
Section 11: Moving and Relocation Expenses
Employee agrees to establish residence within the corporate boundaries of Augusta
Richmond County within two (2) months of employment, and thereafter to maintain
residence within the corporate boundaries of Augusta Richmond County, Georgia.
The Aviation Commission shall reimburse Employee for relocation expenses, including
temporary housing for Employee for house hunting, subject to approval by the Chairman,
and shall pay directly for the expenses of moving Gary LeTellier and his household
goods to Augusta, Georgia, such relocation and moving expenses not to exceed
$13,500.00. If such expenses exceed $13,500.00, Aviation Commission in its sole
discretion, may review such expenses and authorize expenses in excess of such amount.
Said moving expenses to include packing, moving, storage cost, unpacking, temporary
housing, and insurance charges. Employee agrees to secure at least three (3) bids from
reputable moving companies for such services, and shall use the lowest most responsible
and responsive bidder.
Should Employee resign from his employment with the Aviation Commission during the
first two (2) years of this Agreement, Employee shall repay the Aviation Commission a
prorated amount computed on the basis of a fraction the numerator of which is number of
LeTellier Employment Agreement 5
months re mainin g during the initial twenty -four (24) months of the Agreement and the
denominator is twenty- four (24) months times the total amount paid by the Aviation
Commission for relocation and moving expenses.
Section 12: Vehicle, Laptop and Cellular telephone
A. Employee's duties require that he shall have the exclusive use of an
automobile provided by Aviation Commission to be used solely for work -
related purposes subject to the policies, guidelines and or /manuals for use
of public vehicles implemented by the Augusta Richmond County
Commission. The Aviation Commission shall be responsible for all
expenses related to said automobile.
B. Employee shall also be provided with a laptop computer and cellular
telephone for work- related purposes subject to the policies, guidelines and
or /manuals for use of cellular telephones and computers implemented by
the Augusta Richmond County Commission. The Aviation Commission
shall be responsible for all business related expenses for such cellular
telephone.
Section 13: Vacation, Sick, Holidays and Military Leave
A. As an inducement to Employee to become Executive Director, at signature
hereof, Employee shall be credited with ten days of vacation leave.
Thereafter, Employee shall accrue, and have credited to his personal
account, vacation leave at the same rate as other general employees of
Aviation Commission with at least 10 years of service.
B. Employee shall be entitled to military reserve leave time pursuant to state
law and Augusta Richmond County's Personnel Policies,
C. Employee shall be entitled to all paid holidays at the same rate as all other
employees of Aviation Commission.
D. Employee shall accrue one (1) sick day per month and one and one half
(1.5) days of vacation per month.
E. Upon the expiration of this Agreement, or upon its earlier resignation by
Employee following proper notice as provided in Section 5, Aviation
Commission shall compensate Employee for any unused vacation time,
consistent with Augusta Richmond County's policy for other general
employees.
LeTellier Employment Agreement 6
Section 14: Disability, Health, and Life Insurance
A. Aviation Commission agrees to permit Employee access to the insurance
benefits for accident, sickness, dental, vision, disability income benefits,
major medical, and dependent's coverage group insurance covering
Employee and his dependents which is provided all other Employees of
Augusta Richmond County, Georgia. Further Aviation Commission agrees
to put into force and to make required premium payments for Employee
for a life insurance policy in the amount of $50,000. The Employee has
the option of purchasing additional life insurance in an amount up to
$500,000
B. The Aviation Commission agrees to provide hospitalization, surgical, and
comprehensive medical insurance for Employee and his dependents equal
to that which is provided all other employees of Augusta Richmond
County. Employee shall have the option of funding a flexible spending
account.
C. Employee agrees to submit once per calendar year to a complete physical
examination by a qualified physician selected by the Aviation
Commission, the cost of which shall be paid by the Aviation Commission.
Aviation Commission shall receive a copy of all medical reports related to
said examination. The extent permitted by law, the medical report shall be
treated as a confidential record not subject to public disclosure.
D. Employee shall be provided access to the Augusta Richmond Employee
Assistance program at no cost.
E. Supplemental insurance is available for purchase by the Employee.
F. Disability insurance is provided at a maximum rate of 60% of Employee's
salary.
G. Employee is eligible to join the Augusta Richmond County credit union.
Section 15: Retirement
Aviation Commission and Employee agree that Employee may participate in the Augusta
Richmond County retirement plan or deferred compensation plan. The Employee may
participate in one of these two plans, offered by Augusta, Richmond County both of
which require a four percent (4 %) contribution of gross wages to be contributed. If the
Augusta Richmond County Board of Commissioners elect to change such plans
Employee shall be responsible for any increase in contributions.
LeTellier Employment Agreement 7
Section 16: Dues and Subscriptions
Aviation Commission agrees to budget for and to pay for 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 Aviation Commission. Time devoted by Employee in travel and actually
participating in such associations and organizations shall not be deducted from, or
charged against, vacation time.
Section 17: Professional Development
A. Aviation Commission hereby agrees to budget for and to pay for travel
and subsistence expenses of Employee for professional and official travel,
meetings and occasion, adequate to continue to professional development
of Employee and to adequately pursue necessary official functions for
Aviation Commission, including but not limited to such national, regional,
state, and local governmental groups and committees thereof which
Employee serves as a member.
B. Aviation Commission also agrees to budget for and to pay for 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 Aviation Commission at the rate set by the Augusta Richmond
Commission.
Section 18: General Expenses
Aviation Commission recognizes that certain expenses of a non- personal and generally
job - affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay
said general expenses, as approved by the Chairman, and the finance director is hereby
authorized to disburse such monies upon receipt of duly executed expenses, petty cash
vouchers, receipts or statement subject to any record keeping, reporting and other
customary limitations imposed. .
Section 19: Indemnification
As a part of the compensation and terms of employment of Employees, the Augusta
Richmond County General Counsel 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 Augusta Richmond County General Counsel shall not be
authorized to furnish a defense to Employee if charged with a criminal offense or for
theft of money of Augusta Richmond County, the Augusta Regional Airport or any other
governmental entity; and provided further, the Augusta Richmond County General
LeTellier Employment Agreement
Counsel shall not be required to furnish a defense where liability insurance has been
provided by Augusta Richmond County or the Aviation Commission to protect outside
parties and pay damages by reason of the occurrence or action complained o£ 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 cost, deposition
cost, witness fees and compensation.
Section 20: Disclosure of Information.
The Employee shall not, during and after the term of his employment, disclose all or any
part of the Aviation Commission's business strategies or other financial information to
any person, firm, corporation, association, or other entity for any reason or purpose
unrelated to the business development of the Airport. In the event of the Employee's
breach or threatened breach of this paragraph, the Aviation Commission shall be entitled
to a preliminary restraining order and an injunction restraining and enjoining the
Employee from disclosing all or any part of the business information and from rendering
any services to any person, firm, corporation, association, or other entity to whom all or
any part of such information has been, or is threatened to be, disclosed. In addition to or
in lieu of the above, the Aviation Commission may pursue all other remedies available to
it for such breach or threatened breach, including the recovery of damages from the
Employee.
Section 21: Other Terms and Conditions of Employment
A. The Aviation Commission shall fix any 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 Code, charter or any other law.
B. All provisions of Augusta Richmond County's charter and code, and
regulations and rules of the Aviation Commission relating to vacation and
sick leave, holidays, and other benefits and working conditions as they
now exist or hereafter may be amended, also shall apply to Employee as
they would to other employees of Augusta Richmond County, in addition
to said benefits enumerate, specifically for the benefit of Employee except
as herein provided.
C. Employee shall be entitled to receive the same vacation and sick leave benefits as
are accorded department heads, including provisions governing accrual and
payment therefore on termination of employment.
LeTellier Employment Agreement 9
Section 22: No Reduction of Benefits
Aviation Commission shall not at any time during the term of this agreement reduce the
salary, compensation, or other financial benefits of Employee.
Section 23: 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. AVIATION COMMISSION:
Attn: Chairman, Aviation Commission
1501 Aviation Way
Augusta, GA 30906
2. EMPLOYEE:
Gary LeTellier
735 Date Avenue
Coos Bay, Oregon 97420
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 24: General Provisions
A. Business Ethics Employee agrees and acknowledges that he must adhere to
and comply with the Aviation Commission's standards and business
practices and requirements of ethical conduct.
B. Successors and Assigns The rights and obligations of Aviation Commission
under this Agreement shall inure to the benefit of and shall be binding upon
the administrators, successors and assigns and other legal representative of
Aviation Commission.
G. References All references herein to the singular shall include the plural as
the case may require. All references herein to the masculine gender shall be
construed as references to the feminine gender as the case may require.
D. Remedies Cumulative All rights and remedies conferred upon the parties
hereto by this Agreement or by law, in equity or otherwise, shall be
cumulative of each other, and neither the exercise nor the partial exercise,
nor the failure to exercise any such right or remedy or the exercise of any
other right or remedy shall be construed as a waiver of any rights or
LeTellier Employment Agreement 10
available remedies which Aviation Commission or Employee may otherwise
possess in law or equity.
E. Amendment or Modifications No amendment or modification of this
Agreement or of any covenant, condition or limitation herein contained, shall
be valid unless evidenced by a writing duly executed by Employee and an
authorized representative of Aviation Commission. No evidence of any
amendment or modification shall be offered or received in evidence in any
proceeding between the parties hereto arising out of or affecting this
Agreement or the rights or obligations or any party hereunder, unless such
amendment or modification is in writing and duly executed by the authorized
representatives of both parties. It is fin-ther agreed that the provisions of this
paragraph may not be waived.
F. Governing Law This Agreement shall be governed by, interpreted, and
construed in accordance with the laws of the state of Georgia.
G. Severability If any term or provision of this Agreement, or the application
thereof to any person or circumstance, shall be determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is determined to be invalid or
unenforceable, shall not be affected thereby, and each determined provision
of this Agreement shall be valid and enforced to the fullest extent permitted
by law. A court of competent jurisdiction specifically is authorized to
reform any invalid or unenforceable term or provision to the fullest extent
permitted by law.
H. Headings The headings and captions in this Agreement are, inserted
solely as a matter of convenience and for reference and do not in any way
modify or amend the terms and conditions of this Agreement.
I. Parties in Interest Nothing in this Agreement shall be construed to be to the
benefit of any third party, nor is it intended that any provision herein shall be
for the benefit of any third party.
I Public Records. The Employee acknowledges that all records related to this
Agreement and the services provided may be subject to the Georgia Open
Records Act (50- 18 -70, et seq.) and shall cooperate fully in responding to
such a request.
K. Bonding. The Aviation Commission shall bear the cost of any fidelity or
other bonds required of the Employee by law or ordinance.
L. Return of Property Employee acknowledges and covenants that he will
return all Aviation Commission property, including, but not limited to,
LeTellier Employment Agreement 11
-- - records, files, lists, drawings, documents, equipment, charts, financial
data, relating to Aviation Commission's business upon his termination of
his employment with Aviation Commission.
M. Arbitration Agreement. Any controversy or claim arising- out of or
relating to the this Agreement, or breach thereof, shall be settled by
arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association, and judgment upon the award rendered
by the arbitrator(s) may be entered in any court having jurisdiction thereof.
N. No Presumption Against Writer. There shall be no presumption that this
Agreement is to be construed against either parry due to their drafting of
this Agreement.
O. Representations Employee hereby represents and warrants to the
Aviation Commission that: (i) the execution, delivery and performance of
this Agreement by Employee does not and will not conflict with, breach,
violate or cause a default under any contract, agreement, instrument, order,
judgment or decree to which Employee is a party or by which Employee is
bound, (ii) Employee is not a party to or bound by any employment
agreement, covenant not to compete or confidentiality agreement with any
other person or entity, and (iii) upon the execution and delivery of this
Agreement by the Aviation Commission, this Agreement shall be the valid
and binding obligation of Employee, enforceable in accordance with its
terms.
P. Withholding Taxes The Aviation Commission may withhold from any
benefits payable under this Agreement all federal, state, city or other taxes
as shall be required pursuant to any law or governmental regulation or
ruling.
Q. Cooperation Employee covenants to cooperate with the Aviation
Commission following Employee's termination for any reason to transition
Employee's duties and responsibilities. Employee also covenants to
cooperate with the Aviation Commission if Employee is needed as a witness
in any Iitigation or legal matters involving the Aviation Commission that
arose during Employee's tenure.
R. Entire Agreement Except as otherwise set forth herein, this Agreement
constitutes the sole and entire agreement and understanding between the
parties as to the subject matter hereof, and supersedes all prior discussions,
agreements and understandings of every kind and nature between them as to
the subject matter. The parties acknowledge and agree that neither of them
has made any such representations and that any such representations that
may heretofore have been made by any of them are void and of no effect and
that neither of the parties has relied thereon. The parties further
LeTellier Employment Agreement 12
acknowledge that each of them has relied on its own judgment in entering
into this Agreement
S. Acknowledgment Employee has carefully read all of the terms and
provisions of this Agreement and has given careful consideration to
restrictions imposed upon Employee hereby. Employee fully understands
such terms and provisions and agrees the same are reasonable with the
respect to the subject matter hereof and are necessary for the reasonable
and proper protection of the legitimate business interests of the Company.
Employee acknowledges that the Aviation Commission is entering into
this Agreement with Employee in reliance on the representations and
covenants of Employee that Employee will abide by and be bound by the
terms and provisions hereof.
IN WITNESS WHEREOF the Aviation Commission and the Augusta Richmond
County Commission have caused this Agreement to be signed and executed by its duly
authorized officials, and the Employee has signed and executed this Agreement, both in
duplicate the day and year first above written.
AU UST AVIATIO COMMISSION
As its Chairman
AUGUSTA RICHMOND COUNTY,
GEORGIA
BY: c�
As its Mayor
AT Vlerk
By: /fJ
As i ���
its l ��
APP ROVED AS TO FORM:
Attorney
. LETELLIER,
r
LeTellier Employment Agreement 13
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