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Home My WebLink AboutAGENDA - 08142007 - C.38 TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Director of Human Resources ;;.N f COSTA DATE: August 14, 2007 COUNTY SUBJECT: Contra Costa County Human Resources Department Chief of Labor Relations-Exempt Employment Agreement C . SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Assistant County Administrator-Director of Human Resources, or designee, to execute an employment agreement with Linda Ashcraft to serve in the position of Chief of Labor Relations- Exempt for the period August 27, 2007 through August 26, 2008. FINANCIAL IMPACT: All costs of the employment agreement are provided for in the Human Resources Department budget. BACKGROUND: The Human Resources Department completed a reorganization of the Labor Relations Unit earlier this year. The classification of Chief of Labor Relations-Exempt was established and a recruitment was opened. This position requires a level of expertise that is difficult. to find in the labor market. An individual with the skills, abilities and labor relations background in the public sector is in high demand among Bay Area and other California counties causing the County to experience significant recruitment and retention issues for the Chief of Labor Relations. Ms. Ashcraft will begin her employment with the Human Resources Department on August 27, 2007. CONTINUED ON ATTACHMENT: X YES SIGNATURE: ,.---RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 1�PPROVE OTHER SIGNATURE(S): ACTION OF BO D N APPROVED AS RECOMMENDED OTHER VOTE F SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT NANIMOUS(ABSENT _ 1 COPY OF AN ACTION TAKEN AND ENTERED ON THE A S: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN. Orig.Dept: Lori Gentles,5-1766 ATTESTED cc: Human Resources Department JOHN B. LEN,CLERK OFT E BOARD O PERVI RS AND COUNTY ADMINISTRA OR G BY—/'= (() ,DEPUTY M382(10/88) EMPLOYMENT AGREEMENT Between Contra Costa County (Human Resources Department) and Linda Ashcraft 1. Parties. Effective August 27, 2007, this.Agreement is made by and between the County of Contra Costa on behalf of its Human Resources Department ("County") and Linda Ashcraft (hereafter "Employee"), and supersedes any prior agreements between the parties. 2. Term. County hereby employs Employee as the Chief of Labor Relations-Exempt of the County for a term of one year, commencing on August 27, 2007 and continuing through August 26, 2008, unless this Agreement is sooner terminated as provided herein. Terms and conditions of a renewal agreement between the County and the Employee, if any, for a successive two-year term, beginning August 28, 2008, may be negotiated by the parties. 3. Status of Employee. Employee is an "at will" employee of the County, and serves at the pleasure of the Director of Human Resources, subject to the terms of this Agreement. This Agreement and the relationship created hereby may be terminated at any time at the will of the Director of Human Resources, in her sole discretion, with or without cause,'as provided in sections 8 (Termination) and 9 (Resignation and Termination by County). 4 Duties. Subject to the oversight and direction of the Director of Human Resources, Employee will perform those duties assigned, including but not limited to those duties specified in the job description for the Chief of Labor Relations-Exempt as it may be amended from time to time. Employee will perform these duties to the best of her ability in a competent and professional manner, and will comply with all applicable policies, rules and regulations established by the Human Resources Department, the Board of Supervisors, and all applicable state and federal laws and regulations. 5. Compensation. a. Base Salary and Cost of Living Adjustments. Commencing with the pay period beginning August 1, 2007, County will pay Employee an annual salary of $144,500, paid monthly and prorated for the first month, subject to the withholding of state and federal income tax, Social Security, state disability and such federal, state and local taxes and other deductions and withholding as may be. legally required. Employee will receive the same percentage cost-of-living adjustments, if any, to her salary as those the County provides for its other employees in the Management Resolution. b. Pay for Performance. In her sole discretion, the Director of Human Resources may make up to two (2) outstanding performance adjustments of up to five (5) percent of Employee's base pay, for a maximum total of ten (10) percent, based upon over-all performance. Such adjustment may be made only after an evaluation under section 7 of this agreement. 6. Benefits. Employee shall receive such employee benefits as are provided to County employees in the Management Resolution in accordance with established County policies, Pagel as they may be modified from time to time. Benefits provided by the County under its existing policies include regular holidays, annual leave,.fifteen (15) days paid vacation, sick leave, personal holiday leave, management leave, health insurance, dental insurance, life insurance, disability, retirement benefits, and other employment benefits. Employee may use and accrue leave time in accordance with the County policies, as may be modified from time to time. Employee is entitled to participate in any other plans offered by the County, such as deferred compensation or retirement plans, health, life, or other insurance plans to the extent allowed by the County's plans and policies. 7. Evaluation. Commencing February 1, Employee and the Director of Human Resources will meet to evaluate Employee's performance, based on established and agreed upon criteria. At that time, the parties will set goals and objectives for Employee's performance to be reviewed in July 2008. 8. Termination. Any of the following will terminate this Agreement: a. Employee's written resignation; b. County's termination of Employee's employment in accordance with section 9, subsection (b) below; C. The parties' mutual written consent to terminate this Agreement; d. Dissolution/Decentralization of the Human Resources Department; e. Death of Employee. 9. Resignation and Termination by County. a. Employee may resign his/her employment at any time upon sixty (60) days advance written notice of the effective date of his/her resignation to the County. b. At its discretion, the Director of Human Resources may terminate Employee's employment at any time upon sixty (60) days advance written notice to Employee, or immediately upon mutual consent of the Director of Human Resources and Employee. 10. Severance Pay. In the event this Agreement is terminated, pursuant to section 9 (b) above, before the completion of the term of this Agreement, County agrees to pay Employee as set forth below. Such payment will be subject to such withholding of income tax, Social Security, and other federal, state and local taxes and deductions and contributions as may be legally required. a. County will pay Employee in accordance with Government Code section 53260, in bi-monthly installments, an amount equal to three (3) months of the employee's monthly salary. b. In accordance with Government Code section 53261, County will continue to pay Employee's health benefits for the number of months remaining on the unexpired term of this Agreement or until the Employee finds other employment, whichever occurs first. Page 2 1 • f 11. Amendment. This Agreement may be amended only by a written document executed by both parties hereto. 12. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. 13. No Assignment. Neither party may assign or transfer any rights granted or obligations assumed.under this Agreement. 14. Choice of Law. This Agreement is made in Contra Costa County and will be governed and construed.in accordance with the laws of the State of California. Any action relating to this contract shall be instituted and prosecuted in the courts of the State of California for the County of.Contra Costa. . 15. Notice. Any notice required by this Agreement to be given by one party to the other will be sufficient if given to the party by personal delivery or if mailed to the party by first-class mail postage prepaid, addressed as follows: IF to COUNTY: Lori Gentles, Director of Human Resources Contra Costa County Human Resources Department 651 Pine Street, 3rd Floor Martinez, CA 94553 IF to EMPLOYEE: Linda Ashcraft 1921 Fages Court Walnut Creek, CA 94595 16. Signatures. These signatures attest the parties' agreement hereto: EMPLOYEE CONTRA COSTA COUNTY HUMAN RESOURCES DEPARTMENT Linda Ashcraft Date Lori Gentles Date Director of Human Resources Page 3