Loading...
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. 1 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. 2 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 3 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 4 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. 5 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. 6 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. 7 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, _. 107/0 A' 1'ES ��..alb / �4 By / /::. .,<�h,►S/�,�Ie� ,,/�_ it *0. `A As s Cl t� ,i.z:x '. i ri (Se41) s: ''*i ".;: t o 1 a j At4Cti . 4146 i 4%4Ve IvJ 'J NMM CEOKGli +,, 8 APPROVE A TO 1 RM: / By: /i/ / And e G. MacKe /ie General Counsel 9