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HomeMy WebLinkAboutWilliam H Carstarphen Augusta Richmond GA DOCUMENT NAME: WI \ \ \ c..'fl\ t\- . CA- 01-CAcyhe..h DOCUMENT TYPE' n . LA~rUNnt YEAR: I ~q V BOX NUMBER: ) FILE NUMBER ) '().5 LP U; NUMBER OF PAGES: II STATE OF GEORGIA COUNTY OF RICHMOND THIS AGREEMENT, made and entered into this 2nd day of January, 1996, by and between the Augusta-Richmond County Commission-Council, and William H. Carstarphen, hereinafter called "Employee," as party of the' second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said William H. Carstarphen as Project Manager for Augusta-Richmond County, Georgia; and WHEREAS, it is the desire of the Augusta Richmond County Commission- Council to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Commission-Council 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 Project Manager of the Augusta-Richmond County Commission-Council; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said William H. Carstarphen as Project Manager of said Employer to perform the function and duties specified in The Project Manager Job Description which is included as attachment A and to perform other legally permissible and proper duties and functions as the Commission-Council 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 Commission-Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, paragraph C, of this agreement. C. Employee agrees to remain in the exclusive employ of Employer until December 31, 1996, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on employee's time off. 1 D. Both parties agree that this Agreement may be extended for an additional six (6) months upon the mutual consent of the parties. 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 Commission-Council and Employee agree, or (2) after a public hearing, a majority of Commission-Council 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-Council members bringing such charges. Section 4. Termination and Severance Pay A. In the event Employee is terminated by the Commission-Council 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 three (3) months' aggregate salary; provided, however, that in the event Employee is terminated because of his arrest, conviction, or indictment for any crime involving moral turpitude, or of any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay any severance sum as designated in this paragraph. B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Commission-Council that he resign, then, in that event, Employee, may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer two months notice in advance, unless the parties otherwise agree. Section S. 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 sick leave, 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 $87,000.00, payable in installments at the same time as other employees of the Employer are paid, subject to section 17, paragraph (D). In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Commission- Council may determine that is desirable to do so. 2 Section 7. Outside Activities Employee shall not spend more than 10 hours per week in teaching, counseling or other non-Employer connected business without the prior approval of the Commission-Council. The existing thirty (30) day consulting agreement between Employee and the City of Greensboro is hereby approved. Section 8. Automobile Employee's duties require that he shall have the exclusive and unrestricted use at all times of an automobile provided to him by the Employer, for work related purposes in accordance with existing policies for use of public vehicles by Richmond County. Employer shall be responsible for all expenses related to said automobile. Section 9. Housing Allowance The Employee shall be paid $750 per month as a housing allowance, or actual expenses, whichever is less, during the term of this Agreement and any renewal. 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 Richmond County. B. Employee shall be entitled to military reserve leave time pursuant to state law and Richmond County policy. Section 11. Disability, Health and Life Insurance A. During the term of this Agreement, employer agrees to put into force and to make required premium payments for Employee or insurance policies ,for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering employee and his dependents. 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 or, in the event no such plan exists, to provide same for Employee. 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. 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. 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 3 to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International City County Management Association, and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer, Section 14. General Expenses Employer recognizes that certain expenses of a nonpersonal and generally job-affiliated nature are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses as approved by the Mayor and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 15. Indemnification Employer shall defend such Employee in accord with the Ordinances of Richmond County. Section 16. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 17. Other Terms and Conditions of Employment A. The Commission-Council, in consultation with the Project Manager, 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 Charter or any other law. B. All provisions of the Augusta-Richmond County Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Commission-Council authorizes and approves participation by the Employee in the ICMA-RC (International City Management Association Retirement Corporation) 457 Deferred Compensation Program. D. It is hereby acknowledged and agreed by both parties that Employee may require a leave of absence without pay for a period up to thirty (30) days between September 1, 1996 and November 1, 1996. If the leave occurs, the initial term of the Agreement may be extended for an additional period up to and including January 31, 1997 at the option of the Commission-Council. Section 18. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. 4 Section 19. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Chairperson-Mayor Augusta-Richmond County Commission-Council Municipal Building Augusta, GA 30911 (2) EMPLOYEE: William H. Carstarphen 3303 Round Hill Road Greensboro, N.C. 27408 (910) 288-4733 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 20. General Provisions A. the parties. The text herein shall constitute the entire agreement between B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing January 5, 1996 . D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS THEREOF, the Commission-Council of Augusta-Richmond County has caused this agreement to be signed and "executed in its behalf by its Chairperson-Mayor, and duly attested by the City or County Administrator, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. A~ ,-, '-~. 81: County cf 5 . 12/2V95' 13:09 G' BoRo CITY l'lf=1NRGER ... 705 722 5984 NO. 345 [;102 D RAP T PROJECT MANAGER DUTIES AND RESPONSIBILIITES 1. Develop a knowledge and understanding of the Augusta/Richmond community, the organization and operations of preconsolidation governments, departments and agencies, and the major objectives of the consolidation, as well as the recommendations of the citizens Advisory Committee and the Transition Task Force. 2. Provide the Commission/Council with recommendation(s) for interim operation and management structure of the new government and recommended appointments for interim department and management positions. 3. Recommend to the Commission/Council a program of communication j providing information on the progress and development of the new unified government to government employees, community leaders and citizens. 4. Research and provide information and recommendations to the commission/Council on budge~ procedures, form and content of annual operating and capital budgets and methods of monitoring and controlling budgeted expenditures, and assist in the preparation of the 1997 consolidated government proposed budget. 5. Research and provide information and recommendations to the Commission/council on methods of achieving organization-wide commitment to quality, efficiency and customer responsive local government services. 12/2~/95. 1]:10 G'BORO CITY MANAGER ~ 706 722 5984 NO. 346 ~03 6. Direct and coordinate the work of the Management Advisory Committee in the preparation and presentation of recommendations to the commission/Council, giving priority to the tasks of unifying: (A) Pay and benefits administration, (5) Utility system operation and financing, and (C) Consolidation of the departments of Personnel and Finance. 7. Research and provide information and recommendations to the commission/Council on alternative consolidated local government structures, policies and operations, including: (1) Form of government, (2) operating policies and structure of governmental body, (3) Functions, responsibilities, structures and titles of departments and agencies, and (4) Roles and responsibilities of advisory bodies. 8. Evaluate and provide information and recommendations to the Commission/Council on qualifications of candidates for appointment to department head and management positions in the new government. 9. Recommend to the Commission/Council a process of strategic community planning and the inteqration of the strategic planning process into the policies and operations of the new government. 10. Any other such duties as the Commission/Council and the Project Manager might mutually agree upon. 12/21/95. 1]:10 G'BoRo CITY MANAGER ~ 706 722 5984 NO. 346 GJ04 It is anticipatea that the project Manager will utilize the services and resources of all applicable state and local agencies which might assist in the development and presentation of recommendations and work products including agencies of the state of Georgia and the University of Georgia Institute of Government, and Augusta and Paine Colleges~ the Georgia Municipal Association, the Association of County Commissioners of Georgia, Rnd the National League of Cities. 12/21/95 13.: 11 G' BORO CITY l'lANAGER -> 705 722 5984 NO. 345 ~05 PRELIMINARY SCHEDULE OF WORK: PROJECT MANAGER POSITION ; , ! The preliminary schedule of work is proposed to provide a general schedule of objectives and targets for the presentation of work products to the Commission/Council. It is mutually understood and agreed that modifications to this projected schedule can and will be made as time and circumstances require and as details of needs and priorities become known. I. First Quarter (January-March, 1996) Objective 1 Objective 2 Objective 3 II. Second Quarter (April-June, 1996) Objective 4 Objective 5 Objective 6 III. Third Quarter (July-September, 1996) Objective 7 Objective 8 and continuation of Objective 4 IV. Fourth Quarter (October-December, 1996) Objective 9 ,- ,../!: '" :/ JAN-27-1997 16:11 P.02/03 STATE OF GEORGIA COUNTY OF RICHMOND WHEREAS, an Agreement was entered into on January 2, 1996, by and between the Augusta-Richmond County Commission- Council, now the Augu3ta-Richmond County Commission, as Employer, and William H. Carstarphen, as Employee; and WHEREAS, said Agreement was amended by instrument dated February 20, 1996; WHEREAS, it is the desire of the parties to amend said Agreement as hereinafter set forth; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree as follows: 1. Item 9 of the "Project Manager Duties and Responsibilities" is hereby amended to read as follows: Recommend to the Commission a strategic planning process for the new government. -2. Item 10 of said "Project Manager Duties and Responsibilities" is hereby amended to specifically include the following: To offer recommendations concerning interim management of the departments impacted by the Enhanced Early Retirement program. 3. Item 2, paragraph C of said Agreement, is hereby amended to provide that the Employee shall be allowed a leave of absence, without pay, for the period from December 14 through December 31, 1996, but shall be employed by the Augusta-Richmond ~ '" JRN-27-1997 16:12 P.03/03 County Commission for the period from January 4, 1997 through January 17, 1997, with the monthly compensation and automobile allowance to be prorated for the months of December and January, such that there will be no increase in compensation to the Employee or cost to the Augusta-Richmond County Commission. L 4. All other terms and provisions of said contract, as amended shall remain in full force and effect. IN WITNESS WHEREOF, the Augusta-Richmond County Commission has caused this agreement to be signed and executed on its behalf by its Mayor, and duly atteseed by the Clerk, and the Employee has signed and executed this agreement, both in duplicate this ~day of December, 1996. EMPLOYEE: William H. Carstarphen TOTAL P.03