Okaloosa County BOCC — December 16, 2014 — reading text

AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: County Administrator’s Employment Agreement DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: At its meeting of December 2, 2014, the Board unanimously voted to hire John Hofstad as County Administrator for Okaloosa County. The Board further directed the County Attorney, in consultation with the Chairman and Human Resources Director, to negotiate an Employment Agreement setting forth the terms of Mr. Hofstad’s employment. BACKGROUND: Effective October 1, 2014, Ernie Padgett retired as County Administrator for Okaloosa County. The Board appointed John Hofstad as Interim County Administrator for a period of ninety (90) days. On December 2, 2014, the Board voted to hire John Hofstad as the permanent County Administrator by a vote of 5-0 and directed the County Attorney, in consultation with the Chairman and Human Resources Director, to negotiate an Employment Agreement setting forth the terms of Mr. Hofstad’s employment. A proposed Employment Agreement has been prepared and is being presented for the Board’s consideration. The pertinent terms of the Employment Agreement are as follows: • Salary of $137,009.60. (The non-even amount of the salary is to conform to the County’s payroll system which requires a salary that is divisible by the total number of annual hours). • Provisions for the termination with or without cause. • Severance of three month’s salary if terminated without cause (maximum allowed under State law is five month’s severance). • Use of a County vehicle. • The County will reimburse Mr. Hofstad for the actual premiums for a term life insurance policy of $200,000. The obligation for reimbursement shall continue as long as he is County Administrator and up to a maximum of $750.00 per year. • Leave accumulated in accordance with the County’s policies related to all employees. • Health, dental and other group insurance coverage provided in accordance with the County’s policies related to all employees. Additional provisions are consistent with the benefits and terms provided for past County Administrators. OPTIONS: Approve or deny. RECOMMENDATIONS: That the Board approve the proposed Employment Agreement between Okaloosa County and John Hofstad as County Administrator and to authorize the Chairman to execute the Employment Agreement on the Board’s behalf. Packet Pg. 461 RECOMMENDED BY: Gregory T. Stewart, County Attorney RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 462  EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this ____ day of ________, 2014, 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 JOHN HOFSTAD, hereinafter referred to as “Employee”. W I T N E S E T H: WHEREAS, County desires to employ the services of John Hofstad 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; and 2. To establish the terms for such employment and the benefits to be received for the services to be provided by the Employee; and 3. To establish the conditions for the termination of the Employee’s services. WHEREAS, Employee desires to accept employment as County Administrator of said County under the terms and conditions set forth herein; 1 Packet Pg. 463  NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the sufficiency of which are acknowledged by both parties, County and the Employee do agree as follows: 1. DUTIES The County hereby agrees to employ said Employee and the Employee hereby accepts employment as County Administrator of Okaloosa County (formerly County Manager) to perform the functions and duties specified in Ordinance No. 93-17, Chapter 125, Florida Statutes, and 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 the 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 the County, and shall neither accept nor 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 conflict with County employment, provided that such activity shall be approved by the Board of County Commissioners prior to commencing such activities. 2 Packet Pg. 464  3. TERMINATION AND SEVERANCE PAY A. In the event Employee is terminated by the Board of County Commissioners without cause, and during such time the Employee is willing and able to perform the duties of County Administrator, then, in that event, the County agrees to pay the Employee, within sixty (60) days of the effective date of the termination, a lump sum cash payment that is equal to his then current three (3) months aggregate base salary, less any mandatory withholding as required by law (the “Severance”). Such termination shall be designated as “Termination for Convenience.” In the event Employee is terminated because of his arrest or conviction for any felony or for any crime involving fraud, theft or moral turpitude, then, in that event, County shall have no obligation to pay the Severance designated in this paragraph. Such termination under those circumstances shall be designated as “Termination for Cause.” 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 such action shall be deemed a Termination for Convenience” 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 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. 3 Packet Pg. 465  4. SALARY A. County agrees to pay Employee for services rendered pursuant to an annual base salary of $137,009.60, 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 the next pay period following the approval of this Agreement by the Board. The County shall provide the Employee with a vehicle for the performance of official business on behalf of the County which shall be allowed to be fueled and maintained by the County. B. As a condition of employment, Employee shall maintain a residence in Okaloosa County. 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 each annual anniversary date of Employee’s employment with County, Employee shall be given an annual performance evaluation by all Commissioners, and based on a composite score arrived at by averaging the ratings of all Commissioners, Employee shall receive a performance increase at the time and in the amount received by other County employees, if one is given. 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 effect upon County operations. Nothing herein shall be construed to require the payment to Employee of overtime or compensatory time. 4 Packet Pg. 466  6. PROFESSIONAL DEVELOPMENT A. County agrees to budget and pay the professional dues, certifications and subscriptions of Employee necessary for his continuation and full participation in national, 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 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. 7. RETIREMENT, VACATION AND SICK LEAVE A. Employee shall accrue annual leave and sick leave each month in accordance with the same policies and provisions that are applicable to all other employees of the County. All provisions of law, and the regulations, rules and policies 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. Employee shall be eligible for participation in the Florida Retirement System in accordance with the provision of law and the regulations, rules and policies of the County. C. Upon termination, resignation, or retirement, whether voluntary or involuntary, County shall compensate Employee for vacation and sick leave in accordance with