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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 LeTellier Employment Agreement 2 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 .j