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HomeMy WebLinkAboutRichmond County Board Of Tax Assessors Augusta Richmond GA DOCUMENT NAME: r6ChrMnd ttJ/)Jl>/j ltJud 8/7i0 A2se~[) DOCUMENTTYPE:~~r eemuLl . YEAR8tiJO BOX NUMBER: I 0 FILE NUMBER: J 4 ~q ~ NUMBER OF PAGES: q f \ '; ~ AGREEMENT 07/27/00 STATE OF GEORGIA ) COUNTY OF RICHMOND ) THIS AGREEMENT, made and entered into as of the ~~y of by and between the RICHMOND COUNTY BOARD OF TAX ASSESSORS (' m sometimes referred to herein as "Board") and ELZIE W. REECE, II ("Employee"); WITNESSETH: WHEREAS, Employer desires to employ the services of said Employee as Chief Tax Appre.iser for Rid'uuond 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 ajust 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 Chief Tax Appraiser of the Richmond County; 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 Chief Tax Appraiser of Richmond County, Georgia to perfom1 the function and duties specified in Attachment A and to perform other legally permissible and proper duties and functions as the Employer ~haII from time to time assign. Section 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the 1 '. .~ .. 07/27/00 right of the Employer to terminate the services of Employee ~t 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 three (3) years, beginning August 7, 2000 and ending August 6, 2003, and neither to accept other employment nor to become employed by any other employer until said tennination date, unless said termination date is affected as hereinafter provided. 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 ofthe Board of Tax Assessors and Employee agree, or (2) after a public hearing, a majority of the Board of Tax Assessors votes to suspend Employee for just cause; provided, however, that Employee shall have been given Vo.lfitten notice setting forth any charges at least ten days prior to such hearing by the Board members bringing such charges. Section 4. Termination and Severance Pay A. In the event 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 nine (9) 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. Payment of the severance compensation by Employer and acceptance by Employee shall be in full and complete settlement of all claims or demands by either the Employer or Employee against the other and a mutual release shall be executed as a condition for such payment. B. In the event Employer at any time during the tenn 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 infom1al, by the Board of Tax Assessors that he 2 07/27/00 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 Seventy Thousand Dollars ($70,000.00) for the first year of this Agreement, payable in installments at the sanle time as other employees of the Employer and Augusta are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Board of Tax Assessors may determine that is desirable to do so, but not in excess of such rate as other general employees of Augusta-Richmond County except as specifically authorized by the budget approved by the Augusta-Richmond County Commission. Section 7. Outside Activities Employee shall not spend time in teaching, counseling or other non-Employer connected business without the prior approval of the Board of Tax Assessors; provided, however Employee is specifically authorized to teach IAAO, GAAO and Georgia Depmiment of Revenue classes, in Georgia, for not more than two (2) weeks during any calendar year, without approval of the Board of Tax Assessors. Further, Employee shall be allowed to teach MIA courses during his vacation time. As pertains to the second paragraph Employee shall be allowed to complete his engagements as a consulting appraiser for those projects for which he has been employed as ofthe date of this Agreement, which jobs shall be identified to the county attorney, but said county attorney shall keep said jobs in confidence unless required to divulge them by a court of competent jurisdiction or to enforce the terms of this Agreement as determined by the county attorney. No 3 07/27/00 other appraisal assignments or consulting work will be accepted by Elzie W. Reece, II without the approval of the Employer. Employee shall be allowed to retain his real estate brokerage license and shall be entitled to receive commissions on those listings existing as of the date ofthis Agreement. Except as provided herein, Employee is prohibited from engaging in the real estate sales or brokerage business during the term of this Agreement. Section 8. Automobile Employee shall be paid $150.00 per month as an automobile allowance during the term of this Agreement and shall be entitled to 0.08 per mile for official travel in Augusta and the IRS allowance for official travel outside of Augusta (cullently 0.31 Y2 per mile). Employee shall be responsible for all expenses related to said automobile. Section 9. Renewal or Extension of Term. The Parties recognize that there is a need to maintain continuity in the position of the Chief Tax Appraiserfor Richmond County, Georgia. Accordingly, the parties agree to negotiate any extension of this contract on or before May 1,2003, in order that both Employer and Employee may have appropriate decisions related to the Chief Tax Appraiser position, continued employment, and other matters related to Employee's relationship with Employer. 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 Augusta. 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 Augusta. 4 07/27/00 C. The Employer and Employee agree that the Employee shall participate in the County pension or retirement plan and shall be deemed to be vested in such plan. Section 12. Dues and Subscriptions 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. Employer shall pay Employee's expenses in attending necessary courses to mal~ain his MAl designation and shall pay the arumal dues to maintain membership in said organization. Dues for calendar year 2000 shall be prorated. 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 forEmployer, including such national, regional, state and local govemmental 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 A. 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 Chairman of the Board of Tax Assessors and Augusta is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. B. Employer shall provide Employee with a cellular phone for official uses under the same terms and conditions as cellular phones are provided to employees of Augusta. Section 15. Indemnification As a part of the compensation and terms of employment of Employee, the county attomey 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 cOlmected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law 5 07/27/00 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. 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 Augusta and 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 Augusta. 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 Chairman of the Board of Tax Assessors, or his designee, shall provide the Employee with a summary written statement of the findings.ofthe Board of Tax Assessors and provide an adequate opportunity for Employee to discuss his evaluation with the Board. Section 17. 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 18. 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: 6 07/27/00 (1) EMPLOYER: Chairman Board of Tax Assessors Municipal Building Augusta, GA 30911 (2) EMPLOYEE: Elzie W. Reece, II 818 Russell Street Augusta, GA 30904 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 \hrritten notice in the course of transmission in the United States Postal Service. Section 19. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit ofthe heirs at law and executors of Employee. 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 WHEREOF, the Riclunond County Board of Tax Assessors has caused this agreement to be signed and executed in its behalf by its Chairman and the Employee has .signed and executed this agreement, both in duplicate, the day and year first above ,,,,ritten. ~ ~~ ELZIE W. REECE, II Notary fl )::..." ""'':''''''J/ '7200) My C~lnlT'j.s'sjol1.~EXp'-rcs:~c..l./ 7, . , ~': ._....-:0 "'.--;- ......~... l~-,~ ~... ..-... ~\ ..\ ' -"~,/-"a..' '.,;- 2 .: ~'-,... ~[SJG1'f5. TURES CONTINUED ON NEXT PAGE] 3 ~ ~~-=--r- ::-: :: '., ~ - ':::. ~-""" . ~ r__r,,_~ .,-;,<~; =~;~~~,. . ~ ~~~~~ .-...,.....,...,.._ _""_......_...~......'"'I"\.... 7 " APPROVED BY: 07/27/00 RICHMOND COUNTY BOARD OF TAX ASSESSORS /1"r7~ 1~ Chairm B ',' ", _l Augusta-Richmond County Job Description Approved Title: Title: Depa rtm eot: ,Reports to: Chief Appraiser Chief Appraiser Tax Assessors Office Board of Tax Assessors Job Code: Overtime: Date Prepared: Job Grade: Exempt August 25, 1997(edited November 9, 1999) 59 GENERAL SUMMARY: Directs the staff unit that is responsible for administration and operation of the department fulfilling the statutorY duties of the Chief App~iser, Chief Tax Receiver, and the department head for the Board of Assessors. Operates within the guidelines of the Official Code of Georgia Annotated, property tax and appraisal rules and regulations, County and departmental policies and procedures, and standard operating procedures. Reports to Board of Tax Assessors and works with staff, managers, attorneys, real estate personnel, surveyors, developers, elected officials and the public to ensure taxes are properly and equitably assessed. PRrNCIPAL DUTIES AND KESPONSIBILlTIES I 1. Directs the overall planning, operation, and administration of the real and personal property returns process, the exemption requests filing and approval process, and the production of the annual property tax digest. 2. Manages and directs by planning, organizing, staffing, directing, and controlling the staffand other business resources. 3. Coordinates with State, county, municipal officials and public on property assessment and tax digest preparation to be consistent with the goals and objectives of the assignment and ensures that activities comply with established regulations and restrictions. 4. Budgets and accounts for all revenue and expenditures for the department. 5. Ensures taxes are properly and equitably assessed by overseeing the mapping of parcels, performing trend analysis of changes in building and land costs, supervising the inspection and appraisal of new construction, and responding to property valuation and related tax concerns. REQUIREMENTS Education: BNBS degree in related occupational field of study and possess the Appraiser IV designation as mandated by the Georgia Department of Revenue. Experience: 5+ years work related experience preferably in the appraisal field. Kn owledg e/Skillsl Abilities: . Considerable knowledge of principles and practices of computcr programming, statistics, mathematics, automated systems, and all methods of real and personal property valuation and inspection. . Familiarity with the principles and practices of planning, research, development and supervision. . Mastery of interpreting Ad Valorem taxation laws, rules and regulations of the State of Georgia, local land use and values, and interpretation of deeds, legal descriptions, mapping, data processing, and geographic information systems. Proficiency in problem solving, interpreting statutory requirements, regulations and procedures, and maintaining effective inter-personal and group relations. . Good communication skills, both oral and written Other: . Travel from office to other locations may be required on a regular basis . Be at least 21 years of age. . Possession or ability to readily obtain a valid driver's license issued by the State of Georgia for the type ofvehic1e operated. PHYSICAL DEMANDS Sitting at desk with intermittent walking, standing stooping, bending, crouching, and frequently lifting light and heavy objects. Work is performed in an office and outdoors with potential exposure to inclement weather, dust, noise, and dirt. DISCLAI:\IER The preceding job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventor)' of all duties, responsibilities, and qualifications required of employees to this job. RE\l EW/APPROVA LS Human Resources Date Line or Staff Management TAO/l Date