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HomeMy WebLinkAboutMINUTES - 01242005 - SD5 TO: BOARD OF SUPERVISORS Contras FROM: SUPERVISOR JOHN GIOIA i Costa SUPERVISOR MARY N. PIEPHO - DATE: JANUARY 18, 2006 ftft -- Co nty SUBJECT: EMPLOYMENT CONTRACT WITH JOHN CULLEN FOR SERVICES AS COUNTY ADMINISTRATOR SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an Employment Agreement with John Cullen to serve as County Administrator commencing March 2, 2006. BACKGROUND The Board of Supervisors recently announced its intention to appoint John Cullen, Employment and Human Services Director, to the position of County Administrator effective March 2, 2006, subject to agreement on terms and conditions. Contract negotiation has been successfully concluded and the Board is asked to approve the contract and authorize its execution. This agreement is expected to have no material financial impact on th f i status of the Contra Costa County Employees' Retirement System. CONTINUED ON ATTACHMENT: YES SIG ATURE: ' ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ OM AT F BOARD COMMITTEE ❑APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON a/I V Gt kJ APPROVED AS RECOMMENDED R1 OTHER ❑ VOTE OF SUPERVISORS: 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT (� ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JANUARY 24,2006 Contact: JOHN GIOIA 510-374,3231 JOHN SWEETEN,CLERK OF THE BOARD OF cc: BOARD OF SUPERVISORS MEMBERS SUPERVISO AND COUNTY ADMINISTRATOR COUNTY ADMINISTRATOR JOHN CULLEN AUDITOR-CONTROL R Ely: O Deputy EMPLOYMENT AGREEMENT The County of Contra Costa,.a political subdivision of the State of California,hereafter referred to as COUNTY, and John B. Cullen,,hereafter referred to as EMPLOYEE,.in consideration of the mutual promises made herein, agree as follows: 1. Term of Employment. COUNTY will employ EMPLOYEE for a period commencing March 2,2006.and continuing through September 3 0,2008. 2. Employment and Duties. (a)COUNTY hereby employs EMPLOYEE as County Administrator for the term of this.agreement. EMPLOYEE shall provide all necessary services required to oversee and supervise the operations and administrative activities of the COUNTY. EMPLOYEE'S services shall be performed in accordance with all applicable laws and all policies,ordinances,resolutions and regulations of COUNTY and shall include all duties as set forth in Contra Costa County Ordinance Code Chapter 24-4 and as maybe assigned by COUNTY'S Board of Supervisors, including but not limited to those duties specified in the COUNTY job description for the County Administrator as it maybe amended from time.to time. (b)EMPLOYEE shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of his profession. EMPLOYEE shall devote full time to furnishing his services under this agreement and shall fulfill all responsibilities required by this.agreement. 3. Exclusive Employment. (a) EMPLOYEE agrees to.remain in the exclusive employ of COUNTY during the term of this agreement. EMPLOYEE warrants that there are no agreements or arrangements,whether written or oral,in effect that would prevent EMPLOYEE from rendering exclusive services to COUNTY during the term of this agreement and that EMPLOYEE has not made and will not make any commitment or do.any act in conflict with this agreement. (b)This.Agreement shall not be interpreted to prohibit EMPLOYEE.from making personal investments not in conflict with his duties under this Agreement.. 4. 1 At Will Employment. EMPLOYEE is an"at will"employee of COUNTY and serves at the pleasure of COUNTY'S Board of Supervisors. This agreement and the relationship created hereby maybe terminated any time at the will of COUNTY's Board of Supervisors, in its sole discretion,with or without cause, as provided in section 9, "Termination,"below.. There is no express or implied promise made to EMPLOYEE for any form of continued employment beyond the expiration of the contract term. 5. Compensation. (a)Base Salary. In consideration for EMPLOYEE'S services to COUNTY during the term of this agreement, effective March 2, 2006, COUNTY shall pay EMPLOYEE an annual salary of$220,000, at the same times as COUNTY pays its other Page 1 of 5 pages employees. All salary payments shall be subject to withholdings for taxes and the EMPLOYEE'S.share of benefits. (b)Cost-of-Living Adjustments. EMPLOYEE shall not receive any cost-of-living adjustments to his salary through February 29, 2008. Commencing March 1,.2008,EMPLOYEE shall receive the same cost-of-living-adjustments to his salary as COUNTY thereafter provides for other department heads, and such cost-of-living-adjustments shall be provided to EMPLOYEE at the same time that they are provided to other department heads.. (c) Pay for Performance.. In its sole discretion, COUNTY's Board of Supervisors may make abase-pay adjustment increase of up to five percent(5%)or decrease of up to five percent (5%)based upon over-all performance in a fiscal year. Such adjustment maybe made only after an evaluation pursuant to section seven(7). 6. Benefits and Leaves. (a) In recognition of EMPLOYEE's 32 years.of service in 1937 Act counties, EMPLOYEE shall be afforded the same number of regular holidays,the same number of personal holidays per fiscal year,the same amount of administrative leave per fiscal year,.the same sick leave,,health, dental,retiree health, life, and disability insurance benefits,.and the same retirement, and other employment benefits as are provided to other department heads, and in accordance with Management Resolution No. 2005/704, adopted on November 15,2005, and as amended or superseded from time to time, except as provided in this section 6. EMPLOYEE shall be credited with the hours of sick leave,,management leave, and personal leave he has accumulated as of the effective date of this agreement. (b) Automobile and Mileage Allowance. Notwithstanding the foregoing, EMPLOYEE shall be entitled to automobile and mileage allowance commensurate with what the members of the Board of Supervisors receive.. (c) Deferred Compensation. In lieu of the deferred compensation contribution provided for in Management Resolution No. 2005/704 as maybe amended or superseded,.EMPLOYEE shall be provided$20,000 as a deferred compensation contribution that will be added to employee's deferred compensation account effective July 1 of each year. If after July 1,but prior to June 30th of the next succeeding year, for any reason,EMPLOYEE's employment terminates during this.agreement's term or the agreement otherwise expires,the EMPLOYEE shall be entitled to a deferred compensation account contribution prorated from July 1 to include the time period EMPLOYEE served prior to the next June 30th. Further, if, for any reason, all or part of such deferred compensation cannot be made into the deferred compensation account, EMPLOYEE shall be entitled to an equivalent lump sum. (d) Vacation. In lieu of vacation accrual as provided for in Management Resolution No. 2005/704 as maybe amended or superseded, five(5)weeks' vacation shall be credited to EMPLOYEE's vacation balance as of March 2,2006 and seven(7).weeksvacation shall be credited to Employee's vacation balance as of March 1,, 2007 and as of March I, 2008. EMPLOYEE also shall be credited as of the effective date with the hours of vacation he has Page 2 of 5 pages accumulated as of the effective date of this agreement. EMPLOYEE'S vacation accumulation shall be unlimited. EMPLOYEE shall be permitted to sell up to one-third of vacation hours credited to his account as provided for in Management Resolution No. 2005/704, as amended or superseded from time to time. 7. Evaluation. Annually, and more frequently,if desired by the Board of Supervisors, COUNTY'S Board of Supervisors will evaluate EMPLOYEE'S performance. Specific objectives and criteria to measure overall performance shall be established collaboratively by COUNTY'S Board of Supervisors and EMPLOYEE by March 15,2006.and may be updated at each evaluation. The first evaluation shall take place in September 2006, and subsequent evaluations shall take place in September of each year during the term of this agreement. 8. Administrative Leave. At any time at its sole discretion, COUNTY'S Board of Supervisors may relieve EMPLOYEE of his duties and authority hereunder by placing him on administrative leave at the salary and compensation levels specified in this agreement. 9. Termination. (a) By COUNTY on Sixty Days' Notice. At its sole discretion,.COUNTY may tern inate this agreement during its term any time upon sixty(60)days' prior written notice to EMPLOYEE. Such termination shall be effective on the sixtieth day. If COUNTY so tern inates the agreement, COUNTY shall pay EMPLOYEE severance pay equal to the lesser of either six months salary or salary payment for the number of months remaining in the agreement's tern . Said severance pay will be subject to withholding of taxes and EMPLOYEE'S share of employment benefits. In addition, COUNTY will pay its share of EMPLOYEE'S medical, dental and vision benefits for the same number of months for which EMPLOYEE receives severance pay, or until EMPLOYEE finds other employment,whichever occurs first. On behalf of himself,his heirs, and representatives,EMPLOYEE agrees to.accept said severance pay and payment for medical benefits in full and complete settlement and release of any and all claims EMPLOYEE has or may have against COUNTY, its.officers and employees from or in any way connected with his employment by COUNTY and this agreement.. For purposes of this section, "salary"means compensation as specified in section 5 above. (b) By COUNTY For Cause.. Notwithstanding subsection(a), COUNTY may immediately tern inate this agreement at any time for cause,if EMPLOYEE is convicted of a misdemeanor or felony involving moral turpitude (such as fraud, embezzlement,bribery,or perjury). In the event of termination for cause,EMPLOYEE shall not be entitled to any severance pay or any payment for severance health benefits. COUNTY'S total liability to EMPLOYEE shall be limited to payment of EMPLOYEE'S compensation through the effective date of termination,,together with cash reimbursement for any leave accrual balances. (c) By EMPLOYEE on Sixty Days' Notice. At his sole discretion, EMPLOYEE may terminate this agreement during its term any time upon sixty(60)days' prior written notice to COUNTY. Such termination shall be effective on the sixtieth day. Should EMPLOYEE terminate this agreement, he shall not be entitled to any severance pay or provision of severance health benefits. Page 3 of 5 pages (d). This agreement maybe tern inated by mutual written consent of COUNTY and EMPLOYEE. 10. District Property. EMPLOYEE shall be entitled to use all of COUNTY'S offices, facilities,.and equipment for the purposes of fulfilling his responsibilities under this Agreement. Upon either termination of this agreement,however effected,.or when requested by COUNTY'S. Board of Supervisors,EMPLOYEE shall immediately turn over to COUNTY all of its property, including all items used by EMPLOYEE.in rendering services hereunder or otherwise,that may be in EMPLOYEE'S possession or under his control. 11. Prohibition of Assignment. Neither party may assign or transfer any rights granted or obligations assumed under this agreement. 12. Amendment. This agreement maybe amended only by a written document executed by each party hereto. 13. Choice of Law. This agreement is made in Contra Costa County and shall 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,, 14. Severability. If any provision of this agreement is held by a court or tribunal of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions shall,nevertheless, continue in full force and effect without being impaired or invalidated in any way. 15. Waiver., The parties hereto.shall not be deemed to have waived any of their respective rights under this agreement unless the waiver is in writing and signed by the party whose rights are deemed to have been waived. A waiver of a right on one occasion shall not operate as a waiver of that right on a future occasion. 16. Notice. Any notice required by this agreement to be given by one party to.the other shall be sufficient if given to the party by personal delivery or if mailed to the party by 1St class mail postage prepaid, addressed as follows: If to COUNTY: Chairperson, Board of Supervisors County of Contra Costa 651 Pine Street,Room 106 Martinez., CA 94553 Page 4 of 5 pages With a copy to: County Counsel 651 Pine Street, 9`h Floor Martinez, CA 94553 If to EMPLOYEE: John B. Cullen 224 Netherby Place Pleasant Hill, CA 94523 Notice shall be deemed to have been effective at the time of receipt if given by personal delivery or on the date of mailing if given by mail. Either party may change the address for receipt of mail notice by giving notice of such change in the manner specified in this paragraph. 17. Paragraph Headings. Paragraph headings used in this agreement are for convenience only and shall not be deemed to alter or modify the provisions of the paragraphs they introduce. 18. Entire Agreement This agreement constitutes the entire agreement between COUNTY and EMPLOYEE pertaining to the subject matter, and supersedes all prior or contemporaneous written or verbal agreements and understandings between EMPLOYEE and COUNTY. Each party to this agreement acknowledges that no representations,inducements,promises, or agreements,oral or otherwise,have been made by any party,or anyone acting on behalf of any party,which are not embodied herein,and that no agreement, statement,or promise not contained in this agreement shall be valid or binding on either party. Executed at Martinez, California this Z day of January,2006. COUNTY OF CONTRA COSTA EMPLOYEE wool, By: xoox� C asr,Board of Supervisors Jin B. Cullen Page 5 of 5 pages