HomeMy WebLinkAboutAGREEMENT BETWEEN AUGUSTA GA AND JANICE ALLEN JACKSON 9/26/2014
STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT made and entered into this if of , Jj/ , 2014, by and
between Augusta, Georgia, a political subdivision of the State • Georgia, by and through
the Augusta, Georgia Commission (hereinafter called "Employer" or "Commission ", as party
of the first part, and Janice Allen Jackson (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 Janice Allen Jackson as the
Administrator for Augusta, Georgia; and
WHEREAS, it is the desire of the Augusta, Georgia 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 Administrator for Augusta,
Georgia; and
WHEREAS, the parties acknowledge that Employee shall become a member of the
International City /County Management Association (ICMA) and that Employee shall be
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 Janice Allen Jackson as Administrator for said
Employer to perform the functions and duties specified in the Augusta, Georgia Code, Article
3, as amended from time to time; and the Augusta, Georgia Personnel Policy and Procedure
Manual, as amended from time to time; and to perform other legally permissible 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 December 31,
2017, 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. Any
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extension of this Agreement and /or its terms beyond the above - stated period shall be
subject to the negotiation and mutual written agreement of the Employer and
Employee.
B. 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.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from her 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 (10) days prior to such hearing by the
Commission members bringing such charges.
Section 4: Termination and Severance Pay
A. In the event Employee is terminated by the Commission, or she resigns in lieu of
Commission termination before expiration of the aforesaid term of employment,
including any extensions thereof, and during such time that Employee is willing and
able to perform her duties under this Agreement, then, in that event, Employer agrees
to pay Employee a lump sum payment in cash or in a continuation of salary, on the
existing biweekly basis, equal to the salary, benefits, and deferred compensation
which would be due under PPPM Section 500.311(2), approved version on
12/6/2011. Employee shall also be compensated for all earned vacation, holidays, and
other accrued 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 her arrest or
indictment and conviction for any crime involving moral turpitude, or of any illegal
act involving personal gain to her, then, in that event, Employer shall have no
obligation to pay the aggregate severance sum designated in this paragraph.
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B. In the event 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 November 15, 2014,
exclusive of any merit increase to such employees, then in that event Employee may,
at her option, voluntarily accept such action by Employer or she may 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, provided further that the
Employee shall, within forty-five (45) calendar days of such action by Employer, state
in writing the option she selects.
Section 5: Resignation
In the event Employee voluntarily resigns her position with Employer before expiration of the
aforesaid term of her employment, then Employee shall give Employer a minimum of sixty
(60) days' notice in advance, unless the parties agree otherwise. Should Employee fail to
give such required or agreed upon notice, Employee shall forfeit any claim to the severance
pay set forth in Section 4, Paragraph A hereinabove and to any otherwise earned vacation,
holidays or compensatory time, sick leave, and car allowance, if any. This paragraph is
subject to the requirements of the American Disability Act.
Section 6: Disability
If Employee is permanently disabled or is otherwise unable to perform her duties because of
sickness, accident, injury, mental incapacity or health for a period of four (4) 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. This
paragraph is subject to the requirements of the Americans with Disabilities Act.
Section 7: Salary and Compensation
A. Employer agrees to pay Employee for her services rendered pursuant hereto an annual
base salary of One Hundred Seventy Thousand Dollars ($170,000.00), payable in
installments at the same time as other management employees of the Employer are
paid.
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B. 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 January 1, 2016 and on or before January 1 of every year thereafter.
C. In addition, Employer shall provide to Employee as deferred compensation an amount
equal to five percent (5 %) of Employee's salary which shall be paid on Employee's
behalf to an institution of Employee's choice.
Section 8: Performance Evaluation
A. The Commission 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, utilizing evaluation tools and resources, including, but not
limited to, those available through Georgia Municipal Association, Association of
County Commissions of Georgia and Carl Vinson Institute of Georgia. 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 her 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 she shall deem appropriate during said normal office hours.
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Section 10: Outside Activities
Employee all not nd more than ten (10) hours per week tei, consulting or other
non - Employer - connected business without the prior approval of ach the ng Commission. Such
activities by sh Employee must neither constitute interference nor in a conflict n fu interest with
Employee loy 's responsibilities spe under the Agreement.
Section 11: Moving and Relocation Expenses
Employee agrees to establish residence within the corporate boundaries of Augusta, Georgia
within three (3) 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 spouse for house hunting, subject to approval by the Mayor, and
shall pay for the expenses of moving Janice Allen Jackson, her family and personal property
from Charlotte, North Carolina to Augusta, Georgia, such relocation and moving expenses
not to exceed $10,000.00. If such expenses exceed $10,000.00, then Employer in its sole
discretion, may review such expenses and authorize payment of expenses in excess of such
amount. Said moving expenses may include packing, moving, storage costs, unpacking, and
insurance charges. Employee shall provide evidence of actual moving expenses by securing
at least three (3) bids from reputable moving companies for such services, and shall use the
lowest responsible bidder.
Should Employee voluntarily resign from her employment with Augusta during the first year
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 during the term of this Agreement and any
extensions thereto as an automobile allowance for her use of non - Employer owned
automobiles. Employee shall be responsible for all ownership, operational, maintenance,
repair, replacement and insurance expenses and liabilities related to such automobiles.
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Employer shall reimburse Employee, at the standard mileage rate for Augusta's employees,
for any business travel with said automobiles beyond the Central Savannah River Area.
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 (30) days
of sick leave. Additionally, upon commencement of employment, Employee shall
accrue, and have credited to her personal account, vacation and sick leave at the same
rate as a 20 -year employee of Employer.
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 SES IV 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 her
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.
Employee shall name the beneficiary of the life insurance policy.
B. Employer agrees to provide hospitalization, surgical, and comprehensive medical
insurance for Employee and her dependents and to pay the premiums thereon equal to
that which is provided all other employees of Employer.
Section 15: Retirement
Employer and Employee agree that Employee shall be entitled to and shall enroll in
Augusta's pension and /or retirement plan and Employer shall make the necessary and
applicable contributions for Employee as is done for other SES IV level employees.
Section 16: Dues and Subscriptions
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Employer agrees to budget for and to pay for professional dues and subscriptions of
Employee necessary for her continuation and full participation in national, regional, state, and
local associations and organizations necessary and desirable for her 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 from, or charged against Employee's vacation time.
Section 17: Professional Development
A. Employer and Employee shall, during the first year of this Agreement, agree upon
reasonable profession designations and certifications Employee is to attain and the
time frame for such attainment.
B. 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.
C. 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 her
professional development and for the good of the Employer.
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. The finance director is hereby authorized to disburse
such monies upon receipt of duly executed expense or small cash vouchers, receipts,
statements or personal affidavits.
Section 19: Indemnification
As a part of the compensation and terms of employment of Employee, the Augusta,
Georgia's attorney is hereby directed to defend or provide a defense to all civil, criminal or
quasi - criminal actions brought against such Employee arising out of the performance of her
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 unrelated to her duties as Augusta, Georgia's Administrator
or a criminal defense for theft of money of Augusta or any other governmental entity; and
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provided further, the Augusta, Georgia's attorney all not 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 be of. It is hereby resolved that
Augusta may expend public funds to furnish all costs sh in connection with the defense of such
action, including, but not limited, to attorney's fees, court costs, deposition costs witness
fees and compensation and other related legal expenses.
Section 20: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law or ordinance relative to her responsibilities as Administrator.
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 ordinances or any other law governing Augusta.
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 otherwise provided
herein.
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, except as otherwise provided herein.
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, unless Employee agrees to
same.
Section 23: Notices
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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: Augusta, Georgia, c/o Mayor of Augusta, Georgia
530 Greene Street, Suite 200 -A, Augusta, GA 30901
2. EMPLOYEE: Janice Allen Jackson
4000 Pemberton, Charlotte, NC 28210
Said addresses may be updated by written notice from the respective parties and such notice
shall be delivered as provided in this Section.
Alternatively, notices required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial practice for the state of Georgia. 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. The parties
by mutual written agreement may amend any provision of this Agreement during the
term of the Agreement. Such amendments shall be incorporated and made a part of
this Agreement.
B. This Agreement shall be binding upon the parties and inure to the benefit of the heirs
at law, assigns and executors of Employee and assigns and successors in interest of
Employer.
C. This Agreement shall become effective upon execution, with the term of employment
commencing November 15, 2014.
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.
E. In the event of any conflict between the terms, conditions and provisions of this
Agreement and the provisions of Employer's policies, ordinance or rules and
regulations, or any permissive state or federal law, then, unless otherwise prohibited
by law, the terms of this Agreement shall take precedence over contrary provisions of
Employer's policies, or Employer's ordinances, or Employer's rules and regulations
or any such permissive law during the term of this Agreement.
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F. This Agreement shall be governed by the laws of the State of Georgia, and the
Richmond County Superior Court shall have exclusive jurisdiction of any disputes
arising under this Agreement.
IN WITNESS WHEREOF the Augusta, Georgia 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.
AUGUST EORGIA
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ployee: Jani All.. Jackson ' s its Mayor - David S. Copenhaver
ATTEST: +�41� M c 1I
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APPROVED AS TO FORM:
BY: .�i'," bi:
Attorney - Andrew G. MacKenzie
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