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.
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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.
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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
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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.
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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.
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. 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
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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
~
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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