HomeMy WebLinkAboutEMPLOYMENT AGREEMENT BETWEEN AUGUSTA, GA AND JANICE ALLEN JACKSON STATE OF GEORGIA
COUNTY OF RICHMOND
THIS AGREEMENT made and entered into this 14th day of November, 2017, by and between
Augusta, Georgia, a political subdivision of the State of 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,
2020, 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 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.
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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 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.
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.
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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 American Disability 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 ($173,400.00), payable in installments
at the same time as other management employees of the Employer are paid.
B. In addition, Employer agrees to increase said base salary and/or benefits of Employee and
across the board adjustments 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, 2019 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
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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.
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. Such activities
by Employee must neither constitute interference nor a conflict of interest with Employee's
responsibilities under the Agreement.
Section 11: 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. 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 12: 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
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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 13: 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 14: 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 15: Dues and Subscriptions
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.
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Section 16: 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 17: 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 18: Indemnification
As a part of the compensation and terms of employment of Employee, the attorney for Augusta,
Georgia 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 provided further,the attorney for Augusta,Georgia 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 and other related legal expenses.
Section 19: 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.
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Section 20: 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 21: 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 22: 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: Augusta, Georgia, c/o Mayor of Augusta, Georgia
535 Telfair Street, Suite 200-A
Augusta, GA 30901
2. EMPLOYEE: Janice Allen Jackson
1312 Cherry Avenue
Augusta, GA 30901
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.
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Section 23: 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.
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.
igi PLOYEE AUGUS A, GEORGIA
r. AI,AMPArBy:
Hardie Davis, Jr.
i . ce Allen Jackson As its Mayor, _.
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APPROVE A TO 1 RM:
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By: /i/ /
And e G. MacKe /ie
General Counsel
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