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HomeMy WebLinkAboutMINUTES - 06242008 - SD.5 TO: BOARD OF SUPERVISORS Contra FROM: SUPERVISOR FEDERAL D. GLOVER • --/_- Costa DATE: June 19, 2008 ;'� '`� County SUBJECT: EMPLOYMENT CONTRACT WITH DAVID TWA F R bt:KViL;ts AS COUNTY ADMINISTRATOR Art e% SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an Employment Agreement with David Twa to serve as Contra Costa County Administrator commencing September 8, 2008. BACKGROUND The Board of Supervisors recently announced its intention to appoint David Twa to the position of County Administrator effective September 8, 2008, subject to agreement on terms and conditions. Contract negotiation has been successfully _ concluded and the Board is asked to approve the attached contract and authorize its execution. CONTINUED ON ATTACHMENT: X YES SIGNATURE: --------------------------------------------------------------------------------------------------------------------------------------------------------------------- - RECOMMENDATION OFC OUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)- ---------------------------------- IGNATURE(S):-------------------------------- ------- - --------------------------------------------------------- ACTION OF BOARD ON PROVE AS RECOMMENDED. OTHER 4rA• -1�vA-. . . . . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE �� BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN ABSENT: ABSTAIN: / ATTESTED ")�(,/, CONTACT: JOHN CULL N,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Board of Supervisors John Cullen,County Administrator Auditor-Controller B D AA CC0 EMPLOYMENT AGREEMENT The County. of Contra Costa, a political subdivision of the State of California, hereafter referred to as COUNTY, and David J. Twa, 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 September 8, 2008 and continuing through December 31, 2013. 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 may be 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 may be 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. 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 may be 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. Page 1 of 6 pages 5. Compensation. In consideration for EMPLOYEE'S services to COUNTY during the term of this agreement, effective September 8,.2008, COUNTY shall pay EMPLOYEE the following compensation: (a) Base Salary. EMPLOYEE shall receive an annual salary of$250,000 during the term of this agreement, at the same times that COUNTY pays its other employees. All salary payments shall be subject to withholdings for taxes and the EMPLOYEE'S share of benefits. (b) Cost-of-Living Adiustments. 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 times that they are provided to other department heads. (c) Pay for Performance. In its sole discretion, COUNTY's Board of Supervisors may make a base-pay adjustment. increase of up to five percent (5%) or decrease of up to five percent (5%) based upon over-all performancd in a fiscal year. Such adjustment may be made only after an evaluation pursuant to section 7. 6. Benefits and Leaves. (a) In recognition of EMPLOYEE's 35 years of public service, 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. 2008/358, as amended or superseded from time to time, except as provided in this section 6 or section 9. (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) -Vacation. In lieu of vacation accrual as provided for in Management Resolution No. 2008/358 as may be amended or superseded, EMPLOYEE shall accrue 20 hours per month during the term of this Agreement. EMPLOYEE shall be permitted to sell up to one-third of vacation hours credited to his account as provided for in Management Resolution No. 2008/358, as amended or superseded from time to time. (d) Credits. Twenty days of vacation and 20 days of sick leave shall be credited to EMPLOYEE's balance.as of September 8, 2008. Page 2 of 6 pages (e) Moving Allowance. EMPLOYEE shall be entitled to a moving allowance in the amount of $20,000 as of October 1, 2008. (f) Transitional Housing Allowance. In order for COUNTY to obtain the services of EMPLOYEE while he transfers his residence to this County, EMPLOYEE shall be entitled to a housing allowance in the amount of $2,500 per month for six months starting at the beginning of the term of this Agreement. (g) Dues, Subscriptions, and Conferences. COUNTY will reimburse EMPLOYEE for professional dues and subscriptions necessary for maintenance of a California Certified Public Accountant license, for EMPLOYEE's membership in the California County Administrator's Association, and for reasonable expenses incurred by EMPLOYEE by attending the annual conferences of the Government Finance Officers Association and the National Association of Counties. 7. Evaluation. COUNTY'S Board of Supervisors will evaluate EMPLOYEE'S performance annually, and more frequently if desired by the Board of Supervisors. Specific objectives and criteria to measure overall pe.rformance shall be established collaboratively by COUNTY'S Board of Supervisors and EMPLOYEE by December 31, 2008. 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 terminate 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 terminates the agreement, COUNTY shall pay EMPLOYEE severance pay equal to. salary payment for the number of months remaining in the agreement's term, not to exceed nine months' salary. Such 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.. In addition, EMPLOYEE shall be entitled to payment for vacation and sick leave accruals, as follows: EMPLOYEE shall be entitled to payment for all vacation accruals. If the total of severance pay and vacation accrual payoff is less than 12 months' salary, EMPLOYEE shall be entitled to payment of his sick leave accrual, provided that the total of severance pay and payoff of vacation and sick leave accruals does not exceed 12 months' salary. Any sick leave accrual not paid off under this subparagraph (a) will Page 3 of 6 pages be treated in accordance with the provisions of Administrative Bulletin .No. 411.7 or of Management Resolution No. 2008/358, as amended or superseded from.time to time. On behalf of himself, his heirs, and representatives, EMPLOYEE agrees to accept said severance pay and payment for medical benefits and accruals 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.000NTY For Cause. Notwithstanding subsection (a), COUNTY may. immediately terminate 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 payment for vacation and personal holiday 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. (d) This agreement may be terminated by mutual written consent of COUNTY and EMPLOYEE. 10. County 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 may be amended only by a written document executed by each party hereto. Page 4 of 6 pages 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 anyway. 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 With. a copy to: County Counsel 651 Pine Street, 9th Floor Martinez, CA 94553 If to EMPLOYEE: David J. Twa 651 Pine Street, 11 th Floor Martinez, CA 94553 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. Page 5;of 6 pages 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 representation, inducement, promise, or agreement, oral or otherwise, has been made by any party, or anyone acting on behalf of any party, which is 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 this)4 day of June, 2008. COUNTY OF CONTRA COSTA EMPLOYEE By: C ir, Board of.Supervisors David J. Twa Page 6 of 6 pages REQUEST QUEST TO SPEAK FORM ('3 Minute Limit) I wish to speak on Agenda Item #: S� .- Complete this form and place it in the upright box near the Date: speaker's podium, and wait to be called by the Chair. � Personal information is optional. .7his speaker's card trill be My comments will be: General incorporated into the public record of this meeting. ❑ For Name(PRINT): / Ccs 111'� /4-61 , ElAgainst To ensure your name is announ ed correctly.you mavitGntto include its phonetic spelling ❑ I wish to speak on e subject of: Address: City: ,J&-Z Phone: �_ 7 11,bG I am speaking for: ❑ Myself 1� Cl� Organization: P l� �/( C. C � ElIdo not want to speak but would like to leave comments for the Board to consider (Use the back of thisfibrin)