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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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required of employees to this job.
REVlEwl Al'PROv ALS
Human Resources
Date
Line or Staff Management
FD/8
Date