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HomeMy WebLinkAboutCounty Commission Augusta Richmond GA DOCUMENT NAME ~s-ta, G~ " 'V:0-~ Co0rIm\s'SlCY) DOCUMENT TYPE: 0C3 '( ee.\YlexT\- YEAR: C);) BOX NUMBER: \5 FILE NUMBER: \ 5C\ Sa:> NUMBER OF PAGES: \ 0 ;~1 STATE OF GEORGIA COUNTY OF RICHMOND TIDS AGREEMENT made and entered into this2.-r (jt day of fW~ ,2002, by and between Augusta, Georgia, a political subdivision of the State of GeorgI y and through the Augusta-Richmond County Commission (hereinafter called "Employer" or "Commission"), as party of the first part, and Albert H. Gillespie, (hereinafter referred to as "Employee") as party of the second part, both of whom understand as follows: WHEREAS, the Employer desires to employ the services of said AlbeIi H. Gillespie as the Fire Chief for Augusta, Georgia; and WHEREAS, it is the desire of the Augusta-Richmond County 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 Fire Chief for Augusta; and NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said Al Gillespie as Fire Chief for said Employer to perform the functions and duties specified in Attachment A and to perform other legally permissable and proper duties and functions as the Commission shall from time to time assign. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer until May 1 2005 and neither to accept other employment nor to become employed by any other employer until said date, unless said date is affected as hereinafter provided. B. In the event written notice is not given by either party to this Agreement to the other party One Hundred Eighty (180) days prior to May 1,2005. C. 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, paragraphs A and B, of this Agreement. It is expressly agreed and understood that during the probationary period, if applicable, or at any other Page 1 of 9 time this Agreement is in effect, the Employee serves at the pleasure of the Commission and may be terminated by the Commission at will. D. 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 5 of this Agreement. Section 3: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term of this Agreement in accordance with the Augusta-Richmond County Code, as now provided or hereafter amended. Section 4: Termination and Severance Pay A. In the event Employee is terminated by the Commission, or he resigns following a suggestion, whether formal or informal by the Commission that he do so, before expiration of three (3) years of the aforesaid term of employment, including any extensions thereof, 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 up to six (6) months' aggregate salary, benefits, and deferred compensation. 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. Augusta may terminate Employee's employment at any time with or without cause upon the giving of notice of tem1ination to the Employee specifying the date of termination. If Augusta terminates the employment of the Employee or fails to renew this Agreement, Augusta shall treat unused vacation time and sick leave in the manner provided for in the Augusta Employees Handbook; provided, however, if such termination is for cause, which shall mean because of arrest, conviction, or indictment for any crime involving moral turpitude, or of any illegal act involving personal gain, or failure to properly carry out his responsibilities as provided by the Augusta-Richmond County Code, then such payment shall not be made. The amount of the Severance Payment shall be calculated using the salary of the Employee at the time of his/her tem1ination from employment under this Agreement. This payment is herein referred to as the "Severance Payment". The Employee shall not receive the Severance Payment if: (a) the Employee is terminated for cause as herebefore provided, or (b) the Employee is not then qualified for his/her position under the terms of the Augusta-Richmond County Code or other applicable law provided that the Employee shall be given reasonable opportunity to meet any qualification requirements added after completion of his /her probationary period. In addition, to receive the Severance Payment, the Employee must enter into a Severance Agreement with Augusta. If Employee is Page 2 of 9 denied the Severance Payment pursuant to the provisions of (a) or (b) above, then Employee shall be entitled to have a hearing, but only on the question of whether the Employee should be paid the Severance Payment as being discharged without cause. In such hearing, the employee shall not assert any right to continued employment hereunder. Such hearing shall be before the Commission and shall be limited to the Employee's right to receive the severance payment. The Employee shall not assert any right to continued employment hereunder. In all instances, the Employee works at the will of the Administrator or the Commission, as provided by the Augusta-Richmond County Code, and may be terminated by it at any time. Employee acknowledges that this Agreement does not give the Employee any property rights in his/her job. Following any notice oftem1ination, Employee shall fully cooperate with Augusta in all matters relating to the putting in order of his/her pending work on behalf of Augusta and the orderly transfer of any such pending work to other employees of Augusta as may be designated by the Commission; and to that end, Augusta shall be entitled to such full- time or part-time services of Employee as Augusta may reasonably require during all or any part of the applicable period following any notice of termination. Upon termination of Employee's employment by Augusta, the Employee will be limited solely to the rights specified in this Agreement and will not have any of the rights provided to other Augusta employees under the Classified Service. C. In the event that the Employer at any time during the term of this Agreement (1) 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 (2) in the event Employer refuses, following written notice to comply with any other provision benefiting Employee herein; or (3) in the event Employer fails to grant an increase in compensation to Employee in an amount at least equal to the same rate as other general employees of Augusta for each year subsequent to June 30, 2002, exclusive of any merit increase to such employees, 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. Section 5: Resignation 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 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 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 Page 3 of 9 ., beyond any accrued sick leave, Employer shall have the option to tenninate this Agreement subject to the severance pay requirements of Section 4, paragraph A. Section 7: Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $92,000.00, payable in installments at the same time as other management employees of the Employer are paid, during the first year of this Agreement (April 16, 2002 through April 30,2005.) In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the Commission may determine that it is desirable to do so on the basis of an annual salary of said Employee made on or before May I, 2003 and thereafter at the same time as other employees of Augusta. Section 8: Performance Evaluation The Administrator 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 jointly by Employer and Employee. Said criteria may be added to or deleted from as the Commission may from time to time determine, in consultation with the Employee. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the Commission and provide an adequate opportunity for the Employee to discuss his evaluation with the Commission. 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 Employer, 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 than ten (l0) hours per week in teaching, consulting or other non-Employer-connected business without the prior approval of the Commission. Section 11: Moving and Relocation Expenses Employee agrees to establish residence within the corporate boundaries of Augusta within two (2) months of employment, and thereafter to maintain residence within the corporate boundaries of Augusta, Georgia. Employer shall pay for relocation expenses, including reasonable trips to Augusta for Employee for house hunting, subject to approval by the Administrator, and shall pay directly for the Page 4 of 9 -- . expenses of moving directly for the expenses of moving Albert H. Gillespie, his family and personal property from Yakima, Washington, to Augusta, Georgia, not to exceed $10,000.00. Said moving expenses to include packing, moving, storage costs, unpacking, and insurance charges. Employee agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest responsible bidder. Should Employee resign from his employment with Augusta during the first two (2) years of this Agreement, Employee shall repay Augusta a prorated amount, computed on the basis of a fraction the numerator of which is number of months remaining during the initial 24 months of the Agreement and the denominator is 24 months times the total amount paid by Augusta for relocation and moving expenses. Section 12: Automobile Employee's duties require that he shall have the exclusive and unrestricted use within Augusta of an automobile provided by Employer. The vehicle may be used for work-related purposes in accordance with existing policies for use of public vehicles by the Commission. Upon approval of the Administrator, Employee will be allowed to use the assigned vehicle while traveling outside of Augusta on official business. Employer shall be responsible for all expenses related to said automobile. Section 13: Vacation, Sick, and Military Leave A. As an inducement to Employee to become Fire Chief, at signature hereof, Employee shall be credited with four (4) weeks of accrued vacation leave and two (2) weeks of accrued sick leave. Thereafter, Employe~ shall accrue, and have credited to his personal account, vacation and sick leave at the rate as other general employees of Employer, with ten (l0) years of creditable service. B. Employee shall be entitled to military reserve leave time pursuant to state law and Augusta's Personnel Policies. C. Upon the expiration of this Agreement, including any extension hereof, or upon the earlier resignation by Employee following proper notice as provided in Section 5, or upon the termination or resignation of the employee as provided in Section 4, Employer shall compensate Employee for any unused vacation time, consistent with Augusta's policy for other general employees. Section 14: Disability, Health, and Life Insurance A. Employer agrees to put into force and to make required premium payments for Employee for insurance policies for 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. Further Employer agrees to Page 5 of 9 . , put into force and to make required premium payments for Employee for a life insurance policy in an amount equal to Employee's annual salary. B. 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. 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, subject to all applicable laws, 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. Section 15: Retirement Employer and Employee agree that Employee will not participate in any Augusta pension or retirement plan. Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation (ICMA-RC) for Employee's participation in ICMA-RC 401 retirement plan. In addition to the base salary paid by Employer to Employee, Employer agrees to pay the sum of$4,000 per year into the ICMA-RC 401(a) retirement plan on Employee's behalf. Employer shall pay the required amount in equal proportionate amount each pay period, and shall transfer ownership to succeeding Employee's employers upon Employee's resignation or termination. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefits. Section 16: Dues and Subscriptions Employer 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 Employer. Section 17: Professional Development A. Employer hereby agrees to budget for and to pay for 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 functions for Employer, including but not limited to such national, regional, state, and local governmental groups and committees thereof which Employee serves as a member. B. Employer 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 Employer. Page 6 of 9 " .' ) Section 18: 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 19: 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 or for theft of money of Augusta 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 to protect outside parties and pay damages by reason of the occurrence or action complained of. It is hereby resolved that Augusta 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 20: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 21: Other Terms and Conditions of Employment A. The Commission, in consultation with the Administrator, 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, Augusta's charter or any other law. B. All provisions of Augusta's charter and code, and regulations and rules of the Employer 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 Employer, in addition to said benefits enumerated, specifically for the benefit of Employee except as herein provided. Page 7 of 9 ,., 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 therefor on termination of employment. Section 22: 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 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: I. EMPLOYER: George Kolb, Administrator Room 806, City-County Bldg. (II) 530 Greene Street Augusta, GA 30911 2. EMPLOYEE: Albert H. Gillespie 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. The text herein shall constitute the entire agreement between the parties. 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 upon execution, with the tenn of employment commencing April 16, 2002. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder ofthis agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Page 8 of 9 .' "., .. Section 25: Counterparts This Agreement is executed in two (2) counterparts, each of which shall be deemed an original, and, together shall constitute one and the same Agreement, with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF the Augusta-Richmond County Commission has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its clerk, and the Employee has signed and executed this agreement, both in duplicate the day and year first above written. ATT~ ~ By: ~ sits Cler (Seal) AUn^' ~EORG~ /lJ.JBY~ (~ Lf' - As its Mayor @P4 Employee \' '--- Page 9 of 9 ," \ , . Augusta-Richmond County ~ Job Description Approved Title: Fire Chief Title: Chief Department: Fire Reports to: Administrator Job Code: Overtime: Date Prepared: Job Grade: Exempt August 25, 1997 63 GENERAL SUMMARY: Manages and directs the overall operation and management offire prevention and suppression activities within the guidelines of local, state, and federal fire codes, local ordinances, and department rules and regulations. Reports to the Administrator or other designated person and works with elected and government officials, directors, civil defense officials, emergency agencies, and the public to provide administrative support. PRINCIPAL DUTIES AND RESPONSmlLlTIES 1. Plans, directs., coordinates, and manages all operations and hwnan resoorces of the fire department services. 2. Conducts on-site inspections offire stations, equipment, and personnel. 3. ComlDlmicates and reviews policies with persooneI to ensure canpliance with department roles and procedures. 4. Responds to and assumes command of major fires with large prcprty 1005 and fireslexpla;ions. 5. Supervises fighting of structura1 fires and investigations. 6. Prepares oorrespondence, prq>oSals, roles and regulations, policies, repcrts, department budget, mooitors expenditures, approves department requisitions, and supervises inventory system. 7. Reports quarterly to the Commissioo-Council and oomIinates with the Director ofEmergmcy Management in times of emergencies. 8. Represents the fire department at public fimctions and makes presartatioos. REQUIREMENTS Education: BAlBS in related occupational field of study. Experience: 5+ years in similar position or sufficient experience to perform principal duties and responsibilities, usually associated with completion of apprenticeship/internship. Knowledge/Skills! Abilities: · Considerable knowledge offire suppression and fire investigation standards, practices, strategies, and tactics, budgeting practices, first aid, and ha:zardous materials. · Familiarity with local, state, and federal fire codes, local ordinances, department rules and regulations, county geography, street block nwnbers, and water supply. · Proficiency in management and supervision under both routine and emergency situations, decision making and problem solving, master planning, p~fire planning, and hll23ld identification. . Mastery of operating and using fire equipment and apparatus. . Good communication skills, both oral and written. . Demons~ted ability to work independently. Other: · Possess or have ability to meet current requirements set forth by the National Fire Prrtection Association and the Georgia Firefighter Standards and Training Act. · Possess or have ability to obtain a valid state operator/driver's license for the type vehicle or equipment operated. PHYSICAL DEMANDS Intermittent sitting, standing, stooping, crouching, walking, lifting oflight and heavy objects, climbing ladders, using tools and equipment that require a high degree of manual dexterity, and ability to distinguish between shades of colors. Work is performed in an office and at fire scenes with exposure to noise, extreme temperatures, chemicals, inclement weather, dirt, grease, dust, machinery with moving parts, and hazardous situation requiring the use of protective devices. I DISCLAIMER I The preceding job description has been designed to indicate the general nature and level of work performed by employees within th'is classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and qualificatioris I required of employees to this job. REVlEwl Al'PROv ALS Human Resources Date Line or Staff Management FD/8 Date