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Augusta Richmond GA
DOCUMENT NAME: V io.. HQ~ 1)e\ i V-eY-~
DOcUMENTTYPE: A<c) Yeemen T-
YEAR:
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BOX NUMBER: 9
FILE NUMBER: '4 lo 5" <is
NUMBER OF PAGES:
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ROOM eol . CITY-COUNTY MUNICIPAL BLDG, Ill)
AUGUSTA, GEORGIA 30911
Bus, (706) 821.2488
Fax No, (706) 722.5984
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H, BRIGHAM
WILLIAM B, KUHLKE, JR,
WM, 'WILLIE" H, MAYS, III
J,B, POW8..L
MOSES TODD
ROBERTZETTERBERG
UNDA w. BEAZLEY ./
Administrator - Administrati~
LARRY E, SCONYERS
Mayor
FREDDIE L, HANDY
Mayor Pro Tam
January 7, 1997
CHARLES OILlARD
Administrator - Operations
VIA HAND DELIVERY
JAMES B, WALL
Attorney
Mr. Ed Skinner
Chairman, Bush Field Aviation Commission
Reply to:
P,O,BOX 2125
Augusta, GA 30903
Re: Airport Director Agreement
Dear Mr. Skinner:
Enclosed please find two (2) originals of the Agreement
between the Aviation Commission and Albert McDill, which I have
revised according to our latest telephone conversation today.
Should you have any questions or require anything further
with regard to this contractr please give me a call.
Thanking you and with best personal regards, I am
Very truly yours,
l,b~
LO~S. D'Alessio
cc: James B_ Wall
A
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AGREEMENT
STATE OF GEORGIA
COUNTY OF RICHMOND
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THIS AGREEMENT, made and entered into this 7~ day of
January, 1997, by and between the BUSH FIELD AVIATION COMMISSION
("Employer" and sometimes referred to herein as "Commission") and
ALBERT L. McDILL, ("Employee");
WITNESSETH:
WHEREAS, Employer desires 'to employ the services of
said Employee as Director of Bush Field Airport; 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 ~he 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
Director of Bush Field Airport;
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
Director of Bush Field Airport 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 of this agreement.
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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 of this agreement.
C. Employee agrees to remain in the exclusive employ
of Employer for a term of two (2) years, beginning January 1,
1997, and ending December 31, 1998, 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.
D. This Agreement may be renewed for additional one
(1) year terms upon mutual agreement of the parties, made in
writing, no later than ninety (90) days prior to the termination
of the Agreement.
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. Ter.mination
A. Employer may, at any time, with or without cause,
terminate this Agreement upon ninety (90) days' written notice to
Employee. 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 as severance; provided,
however, that if Employee is terminated before expiration of the
aforesaid term of employment for cause, then in that event,
Employer shall have no obligation to provide any severance sum as
designated in this paragraph, and shall be required only to
provide Employee with 24-hours' notice of termination. "Cause"
as used in this section shall include, but not be limited to:
Employee's breach of any term and/or condition of this Agreement;
Employee's arrest, conviction, or indictment for any crime
involving moral turpitude, or commission of any illegal act
involving personal gain to him; Employee's commission of a crime
which could in any way adversely affect the reputation and/or
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business of the Bush Field Airport and/or Employer; gross
misconduct by Employee; or Employee's failure to provide the
notice required by Section 4.B., below.
B. Employee may, at any time, terminate this
Agreement upon ninety (90) day's written notice to Employer, or
upon such shorter notice as may be mutually agreed to by both
parties. In the event Employee terminates the Agreement pursuant
to this subsection, Employee shall continue to render his
services and receive regular compensation as provided herein
until the last date of Employee's employment.
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 salary of $72,500 payable in
installments at the same time as other employees of the Employer
are paid.
In addition, Employer agrees to increase said salary
and/or other benefits of Employee in such amounts and to such
extent as the Commission may d~termine that is desirable to do
so, but not in excess of such rate as other general employees of
the 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 Commission.
Section 8. Automobile
Employee's duties require that he shall have the
exclusive and unrestricted use at all times of an automobile
provided by Employer, for work-related purposes in accordance
with existing policies for use of public vehicles by the
Commission. Employer shall be responsible for all expenses
related to said automobile.
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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 New
York to Augusta-Richmond County, Georgia. The parties agree that
the Employee will be compensated a sum not to exceed $3,800 for
packing and unpacking, any storage costs, moving expenses and
insurance charges and incidental expenses (e.g., temporary
housing, transportation and lodging to secure housing, etc.)
Section 10. Vacation, Sick and Military Leave
A. Upon completion of one (1) year of employment
under this Agreement, Employee shall be entitled to two weeks'
vacation leave for the second year of employment. Employee shall
accrue, and have credited to his personal account, sick leave at
the same rate as all other general employees of Augusta-Richmond
County.
B. Employee shall be entitled to military reserve
leave time pursuant to state law and Employer's policy.
Section 11.
Retirement.
Disability, Health, Life Insurance and
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.
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.
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.
D. During the term of this Agreement, Employee shall
be eligible to participate in any retirement plans offered by
Employer, as same are offered to other employees of Employer.
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Section 12.
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 13.
Bonding
Employer shall bear the full cost of any fidelity or
other bonds required of the Employee under any law or ordinance.
Section 14.
Other Ter.ms 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 vacat~on
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 employees of
Augusta-Richmond County.
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, Employee
shall be provided with a summary written statement of the
findings of the Commission and shall be provided an adequate
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opportunity for Employee to discuss his evaluation with the
Commission.
D. Employee shall be provided with private offices,
stenographic help and other facilities and services which are
deemed necessary for the performance of his duties and are
approved by the Commission.
Section 15.
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 16.
Death During Employment
Should Employee die during the term of this Agreement
and, as of the date of death, be a participant in any retirement
plan offered by Employer, then Employer agrees to pay to
Employee's estate any sums due Employee's beneficiaries under the
terms and conditions of said plan.
Section 17.
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: Chairman
Bush Field Aviation Commission
c/o Bush Field Airport
1501 Aviation Way
Augusta, GA 30906
(2) EMPLOYEE: Albert L. McDill
Bush Field Airport
1501 Aviation Way
Augusta, GA 30906
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 18.
General provisions
A. The text herein shall constitute the entire
agreement between the parties.
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B. This Agreement shall be binding upon and inure to
the benefit of the heirs at law and executors of Employee.
C.
execution.
This Agreement shall become effective upon
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 effe~t.
IN WITNESS WHEREOF, the Commission has caused this
agreement to be signed and executed in its behalf by its Chairman
and duly attested, and the Employee has signed and executed this
agreement, both in duplicate, the day and year first above
written.
EMPLOYEE
Sworn to and subscribed
before me this '7-<. day of
~~ ---: 1991.
Notary Publ~c
MlHoi89~.~rfiOHd ~~<<
J;~~jFKlJ(
~ klJi/-
AL RT L. McDI
BUSH FIELD AVIATION
COMMISSION _
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BY: ~e€ fi':.j2,L~
ATTEST:
As its Chairman
As its
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