Okaloosa County BOCC — 2013 meeting #1130 (date undetermined) — Employment Agreement - Padgett Final — reading text

EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this ____ day of April, 2013, by and between OKALOOSA COUNTY, a political subdivision of the State of Florida, acting by and through its Board of Commissioners, hereinafter referred to as “County” and ERNEST L. PADGETT, hereinafter referred to as “Employee”. W I T N E S S E T H: WHEREAS, County desires to employ the services of Ernest L. Padgett as County Administrator of Okaloosa County as provided by Okaloosa County Ordinance No. 93-17 and Chapter 125, Florida Statutes, and to provide for compensation, employee benefits and to establish the condition of said employment, and WHEREAS, it is the desire of County to: 1. Secure and retain the Services of Employee and to provide inducement for him to remain in such employment, 2. To make possible full work productivity by assuring Employee’s morale and peace of mind with respect to future security, and 3. To provide a just means for terminating Employee’s services at such time as he may be unable to discharge his duties due to disability, or when the County may desire to otherwise terminate his employ, and WHEREAS, Employee desires to accept employment as County Administrator of said County; NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, County and Employee agree as follows: 1. DUTIES 1  County hereby agrees to employ said Employee and Employee hereby accepts employment as County Administrator (formerly County Manager) to perform the functions and duties specified in Ordinance No. 93-17 and Chapter 125, Florida Statutes, and to perform such other legal and proper duties and functions as the Board of County Commissioners shall, from time to time, assign. 2. TERM A. Nothing in this Agreement shall limit, prevent or otherwise interfere with the right of County to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A, B and C of this Agreement and Ordinance No. 93-17. B. Nothing in this Agreement shall limit, prevent or otherwise interfere with the right of Employee to resign at any time from his position with the County, subject only to the provision set forth in Section 3, paragraph C of this Agreement. C. Employee agrees to remain in the exclusive employ of County, and neither to accept, nor to become employed by any other employer. The term employed shall not be construed to include occasional teaching, writing or other jobs performed on Employee’s time off as long as it does not 2 conflict with County employment. Notification of such activity shall be provided to the County Commission. 3. TERMINATION AND SEVERANCE PAY A. In the event Employee is terminated by the Board of County Commissioners without cause and during such time Employee is willing and able to perform the duties of County Administrator, then, in that event, the County agrees to pay the Employee a lump sum cash payment equal to three (3) months aggregate base salary. In the event Employee is terminated because of his conviction of any felony or any crime involving moral turpitude, then, in that event, County shall have no obligation to pay the aggregate base salary severance sum designated in this paragraph. B. In the event County, at any time during the employment term, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all County employees; or, in the event County refuses, following written notice, to comply with any other provisions benefiting the Employee herein, then, Employee may, at his option, be deemed to be terminated at the date of such action and the provision of paragraph A shall take effect. C. In the event Employee voluntarily resigns his position with County, then Employee shall not be eligible for 3 termination and severance pay and shall give County at least sixty (60) days notice in advance unless waived at the sole discretion of the Board of County Commissioners. 4. SALARY A. County agrees to pay Employee for services rendered pursuant to an annual base salary of $142,000, which shall be payable in equal installments at the same time as other employees of County are paid, said salary to commence upon first full day of employment. In addition, County shall pay Employee a vehicle allowance in the amount of $400.00 per month for local travel. The County shall provide employee with a vehicle for out of County travel while it is used for official business, or may reimburse Employee for mileage. B. As a condition of employment, Employee shall establish residence in Okaloosa County at the earliest date possible, but no later than three (3) months from his date of employment. County shall pay Employee $ 2,000 for his cost of moving to Okaloosa County, which sum Employee agrees to pay back to County if employment with the County does not last two years. C. Employee shall receive a cost of living increase or market adjustment increase at the time and in the amount received by other County employees if one is given. On 4 each annual anniversary date of Employee’s employment with County as County Administrator, Employee shall be given an annual performance evaluation by all Commissioners. 5. HOURS OF WORK It is recognized that Employee will frequently work more than forty (40) hours per week and will often devote a great deal of his time outside normal office hours to business of the County and, to that end, Employee will be allowed to set his own office hours, provided that the business of the County shall take priority and that the work schedule maintained by Employee shall have no adverse affect upon County operations. Nothing herein shall be construed to require the payment to Employee of overtime or compensatory time. 6. PROFESSIONAL DEVELOPMENT A. County agrees to budget and pay the professional dues and subscriptions of Employee necessary for his continuation and full participation in state and local professional organizations necessary and desirable for his continued professional participation and growth and for the good of the County. B. County, in its sole discretion, agrees to budget annually a sum sufficient to pay the travel and subsistence expenses of Employee for professional and official 5 travel, meetings and occasions adequate to continue the professional development of the Employee and to pursue official functions of the County. All out of state travel shall be subject to the prior approval of the Board and may include short courses and seminars, and the attendance of Employee at the Florida City and County Management Association (FCCMA). 7. RETIREMENT, VACATION AND SICK LEAVE A. Employee shall accrue 10 hours of annual leave and 8 hours of sick leave each month. County agrees to credit employee with the first year’s sick and annual leave in advance. On April 30, 2014, accrual of sick and annual leave will begin on a monthly basis. All provisions of law, and regulations and rules of County relating to holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they do to other employees of the County, in addition to said benefits enumerated herein specifically for the benefit of Employee. B. In lieu of participation in the Florida Retirement System, County will contribute nine and one-half (9.5%) per cent of Employee’s annual compensation into any Section 457 plan offered by the County for Employee’s retirement. Such amount will be contributed on a bi-weekly 6 basis in an amount equal to 1/26 of the aforesaid 9.5% of Employee’s annual salary. In any week in which Employee works or is paid salary, County will contribute the amount due for that week. C. Upon termination, resignation, or retirement, whether voluntary or involuntary, County shall compensate Employee for vacation and sick leave in accordance with the then prevailing County policy. 8. INSURANCE COVERAGE A. County shall provide health and dental insurance for Employee under the same policies that County provides said insurance for other County employees. County shall provide family health coverage for Employee and will pay all required premiums for said coverage until such time payment may be prohibited by state or federal law. B. County shall furnish and provide Employee with insurance protection, including comprehensive general liability, errors and omissions coverage, and public official liability applicable to all acts of Employee arising out of his employment which shall be similar to what other governmental jurisdictions provide for this type coverage. In addition, County agrees to pay for the costs of defense of Employee arising out of any suits connected with his employment and any settlement thereof, unless it is found that 7 Employee was acting in gross negligence or with malicious intent. 9. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Board of County Commissioners shall fix any other such terms and conditions of employment as it may determine from time to time relating to the performance of the Employee, provided such terms and conditions are not inconsistent with, or in conflict with, the provision of this Agreement or any ordinance or law. B. Except as otherwise provided herein, all provisions of County law, rules and regulations, as they now exist or may be amended, shall apply to Employee. 10. GENERAL PROVISIONS A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators and executors of Employee. C. If any provision or any portion thereof contained in this Agreement is held to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. D. This Agreement shall become effective commencing April 17, 2013, contingent upon successful completion of pre- 8 employment drug test and satisfactory criminal history report from FBI. WHEREFORE, the parties have executed this Agreement the date and year first above written. COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: OF OKALOOSA COUNTY, FLORIDA ____________________ ________________________ DON W. HOWARD, CLERK DON R. AMUNDS, CHAIRMAN EMPLOYEE By:______________________ ERNEST L. PADGETT 9