HomeMy WebLinkAboutEMPLOYMENT AGREEMENT WITH ALVENO ROSS WITH THE TERM OF THE NEW AGREEMENT BEGINNING JULY 26, 2018 AGREEMENT
THIS AGREEMENT, made and entered into as of the /Z '`'day of
, 2018, by and between the RICHMOND COUNTY BOARD OF
ASSESSORS and ALVENO ROSS;
WITNES SETH:
WHEREAS, the RICHMOND COUNTY BOARD OF ASSESSORS (hereinafter
"Board")desires to employ the services of ALVENO ROSS(hereinafter"Ross")as Chief Appraiser
for Richmond County, Georgia; and
WHEREAS,it is the desire of the Board to provide certain benefits,establish certain
conditions of employment and to set working conditions for Ross; and
WHEREAS,it is the desire of Board to: (1)secure and retain the services of Ross and
provide inducement for him to remain in such employment,;(2)make possible full work productivity
by assuring Ross'morale and peace of mind with respect to future security; (3) set forth the duties
and responsibilities of Ross;and(4)provide a just means for terminating Ross'services at such time
as he may be unable fully to discharge his duties due to sickness or disability or when Board may
otherwise desire to terminate his employ; and
WHEREAS, Ross desires to accept employment as Chief Appraiser of Richmond
County;
NOW,THEREFORE,in consideration of the mutual covenants herein contained,and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Section 1. Duties
Board hereby agrees to employ Ross as Chief Appraiser of Richmond County,
Georgia to perform the function and duties specified in Attachment A and to perform other legally
permissible and proper duties and functions as Board shall from time to time assign.
Section 2. Term
A. Nothing in this agreement shall prevent,limit or otherwise interfere with the
right of Board to terminate the services of Ross at any time,subject only to the provisions set forth in
Section 4, paragraphs A and B, of this agreement.
B. Nothing in this agreement shall prevent,limit or otherwise interfere with the
right of Ross to resign at any time from his position with Board, subject only to the provision set
forth in Section 4, paragraph C, of this agreement.
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C. Ross agrees to remain in the employ of Board for a term of three (3) years
beginning July 26, 2018 and ending July 25, 2021.
Section 3. Suspension
Board may suspend Ross at any time during the term of this agreement, but only if:
(1) a majority of the Board of Assessors and Ross agree; or
(2) after a public hearing, a majority of the Board of Assessors votes to suspend
Ross for just cause;provided,however,that Ross shall have been given written notice setting forth
any charges at least ten(10)days prior to such hearing by the Board members bringing such charges.
Section 4. Termination and Severance Pay
A. In the event Ross is terminated by Board before expiration of the aforesaid
term of employment and during such time that Ross is willing and able to perform his duties under
this agreement, then in that event Board agrees to pay Ross a lump sum cash payment equal to one
(1)months'base salary and one(1)additional month's base salary for each year of service up to five
(5)years service,for a maximum severance of six(6)months base salary,provided,however,that in
the event Ross is terminated because of his arrest,conviction,or indictment for any crime involving
any illegal act involving personal gain to him,then, in that event,Board shall have no obligation to
pay any severance sum as designated in this paragraph. Payment of the severance compensation by
Board and acceptance by Ross shall be in full and complete settlement of all claims or demands by
either the Board or Ross against the other and a mutual release shall be executed as a condition for
such payment.
B. If the Board at any time during the term of this Agreement reduces the salary
or other financial benefits of Ross in a greater percentage than an applicable across-the-board
reduction for all employees of Board or Augusta, Georgia, other than a suspension as described in
Section 3 herein, or if the Board refuses, following written notice, to comply with any other
provision benefiting Ross herein,^then Ross may,at his option,be deemed to be"terminated"within
the meaning and context of the severance pay provision contained in Section 4(A)at the date of such
reduction or such refusal to comply.
C. In the event Ross voluntarily resigns his position with the Board before
expiration of the aforesaid term of his employment, then Ross shall give Board ninety (90) days
advance notice, unless the parties otherwise agree. If such notice is properly given, Ross shall be
entitled to receive severance as provided in the Augusta, Georgia Personnel Policy& Procedures
Manual for SES employees, in the amount as described and conditioned in Section 4(A)herein.
Section 5. Disability
If Ross is permanently disabled or is otherwise unable to perform his duties because
of sickness,accident,injury,mental incapacity or health for a period of twenty working days over a
2 Ross Contract—2018
thirty(30) working day period,Board shall have the option to terminate this agreement. However,
Ross shall be compensated for any accrued vacation,holidays,sick leave and other accrued benefits.
Section 6. Salary and Car Allowance
Board agrees to pay Ross for his services rendered pursuant hereto, an annual base
salary of One Hundred Thirty Five Thousand and no/00 ($135,000.00)Dollars for the first year of
this Agreement,payable in installments at the same time as other employees of Board and Augusta,
Georgia are paid.
In addition, for years two and three of this Agreement, the Board agrees to increase
said base salary and/or other benefits of Ross in such amounts and to such extent as recommended by
the Board of Assessors with funding approved by the Augusta, Georgia Commission, but not in
excess of such rate as granted general employees of Augusta and not to exceed five (5%)percent,
and as specifically authorized by the budget approved by the Augusta, Georgia Commission. The
annual base salary provided above shall be adjusted as necessary to include any cost of living
adjustments (COLA) or merit raises that may be given or awarded to Ross from time to time.
Ross shall also receive an annual car allowance of$6,000.00, to be paid consistent
with the payment schedule determined by the Augusta, Georgia Finance Department.
Ross shall also receive annual deferred compensation of$6,000.00.
Section 7. Outside Activities
Ross shall not spend time in teaching, counseling or other non-Board connected
business without the prior approval of the Board;provided,however,Ross is specifically authorized
to teach IAAO, GAAO and Georgia Department of Revenue classes, in Georgia, for not more than
ten (10) working days during any calendar year, without approval of the Board.
No new appraisal assignments or consulting work will be accepted by Ross without
the prior written approval of Board. In no event shall Ross accept any appraisal assignments
involving appraisals of real or personal property located in Augusta, Georgia.
Section 8. Renewal or Extension of Term
The Parties recognize that there is a need to maintain continuity in the position of the
Chief Appraiser for Richmond County, Georgia. Accordingly, the parties agree to negotiate any
extension of this agreement on or before Aprill 1,2021,in order that both Board and Ross may make
appropriate decisions related to the Chief Appraiser position, continued employment, and other
matters related to Ross' relationship with Board.
Section 9. Annual and Sick Leave
Ross shall be credited with five(5)years of service plus the actual number of years of
3 Ross Contract—2018
service that Ross has provided for purposes of determining the rate at which annual leave will
accrue. There shall be no waiting period for Ross' use of annual or sick leave.
Section 10. Disability, Health, Life Insurance and Retirement
A. During the term of this Agreement,Board agrees to put into force and to make
required premium payments for Ross on insurance policies for life, accident, sickness, disability
income benefits, major medical and dependent's coverage group insurance covering Ross and his
dependents equal to that which is provided all other employees of Augusta,provided however,Ross
shall pay the employee share of any premiums due under such policies and insurance plans.
B. During the term of this Agreement,Board agrees to provide hospitalization,
surgical and comprehensive medical insurance for Ross and his dependents which is provided all
other employees of Augusta,provided however,Ross shall pay the employee share of any premiums
due under such policies and insurance plans.
C. The Board and Ross agree that Ross shall participate in the Augusta, Georgia
defined benefit retirement plan and shall be 100% vested in his normal retirement benefit
immediately upon becoming a participant in such plan.
Section 11. Indemnification
As a part of the compensation and terms of employment of Ross, the Augusta,
Georgia Law Department is hereby directed to defend all civil, criminal or quasi-criminal actions
brought against Ross 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 Law Department shall not be authorized to
furnish a defense to Ross if charged with a criminal offense involving theft, embezzlement or other
like crime with respect to the property or money of Augusta-Richmond County or any other
governmental entity; and provided further, the Law Department shall not be required to furnish a
defense where liability insurance has been provided by Augusta, Georgia to protect outside parties
and pay damages by reason of the occurrence or action complained of. It is hereby resolved that
Augusta, Georgia 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 12. Other Terms and Conditions of Employment
A. Board,in consultation with Ross,shall fix such other terms and conditions of
employment, as it may determine from time to time,relating to the performance of Ross,provided
such terms and conditions are not inconsistent with or in conflict with the provisions of this
agreement, the Augusta, Georgia Charter or any other law.
B. Except as otherwise specifically provided herein, all provisions of the
Augusta, Georgia Charter and Code,and regulations and rules of Augusta and the Board relating to
vacation and sick leave,holidays and other fringe benefits and working conditions as they now exist
4 Ross Contract—2018
or hereafter may be amended, also shall apply to Ross as they would to other department heads of
Augusta.
C. Board shall review and evaluate the performance of Ross at least annually and
in advance of the adoption of the annual operating budget. Said review and evaluation shall be in
accordance with specific criteria developed jointly by Board and Ross. Said criteria may be added to
or deleted from as Board may from time to time determine,in consultation with Ross. Further,the
Chairman of the Board of Assessors, or his designee, shall provide Ross with a summary written
statement of the findings of the Board of Assessors and provide an adequate opportunity for Ross to
discuss his evaluation with the Board.
Section 13. No Reduction of Benefits
Except as otherwise provided herein, Board shall not at any time during the term of
this agreement reduce the salary, compensation or other financial benefits of Ross, except to the
degree of such a reduction across-the-board for all employees of Board or Augusta, Georgia.
Section 14. General Provisions
A. The text herein shall constitute the entire agreement between the parties and
supersedes and voids any and all other agreements between the parties pertaining to the matters
contained herein.
B. This Agreement shall be binding upon and inure to the benefit of the heirs at
law and executors of Ross.
C. This Agreement shall become effective upon execution.
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.
5 Ross Contract—2018
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IN WITNESS WHEREOF,the Richmond County Board of Assessors has caused this
agreement to be signed and executed in its behalf by its Chairman,and Ross has signed and executed
this agreement, both in duplicate, the day and year first above written.
ENO RO `
Sworn to and subscribed Ad/
be • e me this
2, day of .. .'. ..• _
•br i , 2018.
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6 Ross Contract—2018