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HomeMy WebLinkAboutGeorge R. Kolb (2) Augusta Richmond GA DOCUMENT NAME: G LO"~ ~ . '(..0\ D DOCUMENTTYPE: a. Cj r e. e I'fl.ef\ -\-' YEAR: ~oo, BOX NUMBER: (:;~ 1531~ (f FILE NUMBER: NUMBER OF PAGES: ..' .. ," I." ~ I '.4 f , . , ~ , .. r" " 3129/01 STATE OF GEORGIA COUNTY OF RICHMOND THIS AGREEMENT made and entered into this ~ day of April, 2001, by and between Augusta, Georgia, a political subdivision of the State of Georgia, by and through the Augusta-Richmond County Commission (hereinafter called "Employer" or "Commission", as party of the first part, and George R. Kolb, as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said George R. Kolb as the Administrator for Augusta; ~md 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 des:"lfes to accept employment as Administrator for Augusta; and WHEREAS, the parties acknowledge that Employee is a member of the International City/County Management Association (ICMA) and that Employee is subject to the ICMA Code of Ethics; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said George R. Kolb as Administrator for said Employer to perform the functions and duties specified in Attachment A and to perform other legally permissible and proper dutie:; and functions as the Commission shall from time to time assign. Section 2: Term A. Employee agrees to Jremain in the exclusive employ of Employer until June 30, 2004, 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. 1 "-, " . ...1 , J'l , . I"' , . , 3129/01 B. In the event written notice is not given by either party to this Agreement to the other One Hundred Eighty (180) days prior to June 30, 2004, as hereinabove provided, this Agreement shall be extended on the same tenus and conditions as herein provided, all for an additional period of one year. Said Agreement shall continue thereafter for additional one-year periods unless either party hereto gives One Hundred Eighty (180) days written notice to the other party prior to June 30 of each such succeeding year that the party does not wish to extend this Agreement for an additional one year term. C. Nothing in this Agr(:ement 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. 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, but only if 1. A majority of the Commission and Employee agree, or 2. After a public hearing, a majority of 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 (to) days prior to such hearing by the Commission members bringing such charges. Sec:tion 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 the afi)resaid 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 to six months' aggregate salary, benefits, and deferred compensation. Employee shall also be compensated for all earned vacation, holidays, compensatory time, and other accmed benefits to date other than sick leave. In the event Employee is terminated, following notice and a written statement of the reasons for termination and an opportunity for a hearing before the Commission, 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 the aggregate severance sum designated in this paragraph. 2 lo., 0' , . . , . 3129/01 B. In the event Employer at any time during the term of this Agreement (l) reduces the saIary or other financial benefits of Employee in a greater percentage than an applicable across-th~-board reduction for all employees of Employer; or (2) in the event Employer reflllses, 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 emplDyment, 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 beyond any accrued sick leave, Employer shall have the option to terminate 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 $125,000.00, payable in installments at the same time as other management employees of the Employer are paid, during the first year of this Agreement (May 1, 2001 through June 30, 2002). 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 review of said Employee made on or before July 1, 2002 and on or before January 1 of every year thereafter, subject, however, to the provisions of Section 15 hereof as to retirement benefits. 3 .. , ,. , , 3129/01 Section 8: Performance Evaluation A. The Commission shall review and evaluate the performance of the Employee at least once annually in adv,ance 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. B. Annually, the Commission and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of Augusta and in the attainment of the Commission's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Commission and Employee mutually agree to abide by the provisions of applicable law. 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 (10) 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 reimburse Employee for relocation expenses, including reasonable trips to Augusta for Employee and sjpouse for house hunting, subject to approval by the Mayor, and shall pay directly for the expenses of moving George R. Kolb, his family and personal property from Richmond, Virginia to Augusta, Georgia, such relocation and moving expenses not to 4 l", I . . , 3129/01 exceed $12,000.00. If such expenses exceed $12,000.00, Employer in its sole discretion, may review such expenses and authorize expenses in excess of such amount. 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 three (3) 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 36 months of the Agreement and the denominator is 36 months times the total amount paid by Augusta for relocation and moving expenses. Section 12: Automobile Employee shall be paid $600.00 per month as an automobile allowance during the term ofthis Agreement. Employee 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 Administrator, at signature hereof, Employee shall be credited with Four (4) weeks of vacation leave and Thirty days (30) of sick leave. Therl~after, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Employer. B. Employee shall be (:ntitled 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. Sectiolll 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 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. 5 . ".: . . 3129101 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 physidan 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 thl~ 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 Employer's continued participation in said ICMA-RC retirement plan and, in addition to the base salary paid by the Employer to Employee, Employer agrees. to pay the maximum annual amount allowed by federal law into the ICMA-RC on Employee:'s behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding 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 bene:fit. Section 16: Dues and Subscriptions Employer agrees to budge:t 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. Time devoted by Employee in travel and actually participating in such associations and organizations shall not be deducted fro~ or charged against, vacation time. Section 17: ProCessional Development A. Employer hereby agrees to budget for and to pay for travel and subsistence expenses of Employee for pro fessional 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. 6 3129101 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 Section 18: General Expenses Employer recognizes that Ct:rtain 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 executt:d expense or petty cash vouchers, receipts, statements or personal affidavits. Section 19: IndemnificatiolD 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 defimse 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 7 I' " 3/29/01 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, specific:ally for the benefit of Employee except as herein provided. 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: 1. EMPLOYER: Bob Young, Mayor Room 806, City-County Bldg. (11) 530 Greene Street Augusta, GA 30911 2. EMPLOYEE: George R. Kolb Alternatively, notices requin~d 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 c:onstitute 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 term of employment commencing May 1, 2:001. 8 " . I " 3129/01 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 dee:med severable, shall not be affected, and shall remain in full force and effect. 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. By: rs its Mayor ~ (Seal) 9 " , " Approved - May 21, 1996 ATTACHMENT A AUGUSTA.-RICHMOND COUNTY ADMINISTRATOR AUTHORITY AND RESPONSIBILITY ., Following appointment by the Commission-Council, the Administrator could be removed from office only by a vote of the Commission-Council. The Mayor is also empowered to impose disciplinary action upon the Administrator after ratification by a majority of the Commission- Council. e The Administrator would recommend all remaining non- elected department heads and directors. The Mayor shall bring the l~dministrator' s nominations to the Commission- Council. Following appointment, these officials could be removed from office by the Commission-Council on the recommendation of the Administrator. The Administrator shall transmit any dismissal recommendation to the Commission-Council through the Mayor who shall immediately inform the Commission-Council of the recommendation. C) The Administrator shall be the administrative officer of Augusta-Richmond County and head of the administrative 1 Approved - May 21, 1996 branch of Augusta-Richmond County government. The Administrc.tor shall be responsible to the Mayor and Commissior..-Council for the proper administration of all affairs of Augusta-Richmond County, and his duties shall be as follows: (1) To recommend for appointment or removal all Augusta-Richmond County department heads, with the exception of the Augusta-Richmond County attorney, the Clerk of the Commission-Council, and the internal auditor, all of whom shall be appointed and discharged directly by the Commission-Council; (2) .subject to. the rules and regulations of the Commission-Council, where applicable, the Administrator shall be the appointing authority for all other Augusta- Richmond County employees whose appointment is now or hereinafter vested in the Commission-Council, and shall have the right to employ and discharge the same; (3) To execute all lawful orders, directions, instructions, and all ordinahces, resolutions and regulations adopted by the Commission-Council consistent wi th this Code and entered upon the minutes of the Commission-Council; in the execution of these matters, the Administrator shall keep the Mayor fully informed and shall coordinate with the Mayor to ensure that all laws, 2 . , ' Approved - ~Iay 21, 1996 ordinances, and resolutions of Augusta-Richmond County are faithfully executed; (4) To have supervision over all departments or divisions of Augusta-Richmond County now or hereinafter subject to the jurisdiction of the Mayor and Commission- Council; (5) To attend' all meetings of' the Commission- Council, with the right to take part in the discussion; (6) To prepare and to recommend salary scales for all employees; (7) To prescribe the duties and supervise the work of Augusta-Richmond County employees; (8) To require reports from heads of departments, and other l~mployees trusted with administrative duties or exercising discretion; (9) To prepare and submit to the Mayor and Commission-Council a proposed annual budget; when the budget has been prep~red and adopted as provided by law by the Commission-Council, it shall be the duty of the Administrator for Augusta-Richmond County to execute the budget; no department or office of Augusta-Richmond County government shall exceed the budget without the approval of the Commission-Council; (10) To keep the Mayor and Commission-Council fully 3 Approved - May 21, 1996 advised on the financial conditions and future needs of Augusta-Richmond County and shall make such recommendations on Augusta-Richmond County affairs as the Administrator deems necessary for the efficient operation of Augusta-Richmond County; (11) To act as liaison between the Mayor and/or Commission-Council and all Augusta~Richmond County department heads or employees of Augusta-Richmond County; (12) To confer with and assist all other elected or appointed officials of Augusta-Richmond County, and all department~3, such as Augusta-Richmond County health department.. the Augusta-Richmond County Department of Family and Children, Services, whose missions are not under the direct control and supervision of the Commission-Council, but who are dependent upon the appropriations of the Commission-Council for their continued 8perationi (13) To submit to the Mayor and Commission-Council at the end of each fiscal year a complete report on the finances and administrative activities of Augusta- Richmond County for the preceding year; (14) To see that all legislation, programs, regulatiocs or plans promulgated and required by the state or federal goyernment are duly carried out and 4 , ' ~ . . ,.. : Approved - May 21, 1996 complied with 1n accordance with such legislation, programs, regulations or plans; and (15) To perform such other duties as may be required by the Mayor and Commission-Council. The Administrator 1S employed at the pleasure of the Mayor and Commission-Council and performs duties under the direction and supervision of the Commission-Council through the Mayor. The Administrator maintains regular contact with the Mayor and through the Mayor keeps all Commission-Council members informed on significant and/or controversial 1ssues involving the government, its services, policies and employees. The Admini.strator will assemble and provide necessary documentation for the Mayor and Clerk of the Commission- Council to prepare the agenda for all Commission-Council meetings. The Administrator would be responsible to the Mayor and Commission-Council for the establishment of comprehensive, efficient and professional administered systems of: (1) Financial planning and control; (2) Personnel management, employee and supervisory training 5 o e . e , . .< '. Approved - May 21, 1996 and compensation; (3) Equipment and supply purchasing and inventory control; (4) Equal employment opportunity; (5) Small and minority business opportunity; (6) Community land use, economic development and strategic planning; and (7) Citizen information and service. The Administrator would prepare and pre~ent to the Mayor and Commission-Council annually a public report on: (1) State of the community and government; (2) Accomplishments during the past year; (3) Community and organization needs and objectives for the coming year. The Mayor would be the representative of. the community. official spokesperson Commission-Council in and the The Administrator would be the official spokesperson and representative of the Mayor and Commission-Council within the government organization. The Commission-Council would be required to approve by ordinance these and any additional powers and duties of the Administrator. 6 T;; ~tk 0/:: Cam !t>/t4(Q/ LAW DEPARTM~I~T J-" Ms. Vanessa Flournoy 525 Telfair Street - AUGUSTA, GA. 30901 Staff Attorney (706) 312-5520 - FAX (706) 821-1806 II -h~'~~H(51~~1 ;, "\ . 1- ,. r . -; ';'.;"'"~ 1 H ~II j . ~. '-:;~END~ ITEM: (kUGIJSTA-R'rj::~rr~1) :lillr;TY CCTISSIOr:l ~ -~~ .;:.-_..':-.-.:....:.... --.;..&..._~I'.=.~~..,.::.:.. - EDITION: ~l J DATE: October 22,200'1 FROM: Vanessa Flournoy, Staff Attorney TO: The Honorable Bob Young, Mayor Members of the Commission Henry Brigham, Chairman, Administrative Services Steve Shepard, Chairman, Finance Committee THROUGH: George R. Kolb, Administrator SUBJECT: Amendment to Administrator's contract CAPTION: Motion to approve amending Admin!stratoi's contr'act to allow participation in the ICMA-RC 401 retirement plan; Augusta's contribution limited to maximum amount allowed under 457 retirement plan. BACKGROUND: Under the Administrator's contract, Augusta is required to pay for the Administrator's participation in the ICMA-RC retirement plan. The contract does not state a specific retirement plan but both parties understood the retirement plan was the 457 retirement plan. Augusta agreed to pay the maximum amount allowed by law on the Administrator's behalf. The Administrator wants to participate in the ICMA 401 retirement plan because the plan has CI greater annual contribution limit. Augusta will only contribute the maximum amount allowed by law under the 457 plan. /' r ANAL YSIS: Augusta's financial obligation does not change under the 401 plan. Administrator is allowed to contribute additional funds up to the maximum amount allowed by law. Amendment further clarifies Augusta's required contribution to Administrator's retirement plan. . . J . ;, . , . AGENDA ITEM: . - . EDITION: DATE: PAGE 2 FINANCIAL IMPACT: No additional financial impact on Augusta. (Same as original contract). ALTERNATIVES: 1 ) Amend contract to allow Administrator to participate in ICMA-RC 401 retirement plan; Augusta's contribution limited to maximum amount under 457 plan. 2) Disapprove and require the Administrator to participate in the ICMA-RC 457 retirement plan. RECOMMENDATION: Recommend amending Administrator's contract to allow participation in the ICMA-RC 401 retirement plan, with Augusta's contribution limited to the maximum amount allowed under the 457 plan. REQUESTED AGENDA DATE: October 29,2001 FUNDS AVAilABLE IN THE FOllOWING ACCOUNTS: DEPARTMEN~ . DIRECTOR: M~/Y:c.~LJ~j~/;j~ ADMINISTRATOR: FINANCE: cc: Mr. James B. Wall, Coun y Attorney . , . . . . , . . - . . - " . . Propose:d Amendment to Administrator's Contract To strike Section 15: Retirement in its entirety and replace with the following: "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 maximum annual amount allow by Federal law for the 457 into the ICMA-RC 401 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 emploYt:rs upon Employee's resignation or tem1ination. The parties shall fully disclose to each other the financial impact of any amendment to the terms of Employee's retirement benefits."