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HomeMy WebLinkAboutResolution 2021 (01) Resolution No. 1 (2021) ST. R ,(, � UNT"Y RESOLUTION APPOINTING KEN WITT COUNTY ADMINISTRATOR AND APPROVING EMPLOYMENT AGREEMENT COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, Interim County Administrator DATE: January 5, 2021 AGENDA ITEM: Resolution Appointing Ken Witt County Administrator and Approving Employment Agreement BACKGROUND INFORMATION With the retirement of the first County Administrator Patrick Thompson on August 18, 2020 the County Board initiated a search for a permanent replacement. Slavin Management Consultants were contracted and a national search was conducted. On December 8, 2020 the search committee recommended appointment of Ken Witt County Administrator of St. Croix County, contingent on a background check and negotiation of an employment agreement. Resolution No. 1 (2021) ST. R ,(, � UNT"Y RESOLUTION APPOINTING KEN WITT COUNTY ADMINISTRATOR AND APPROVING EMPLOYMENT AGREEMENT 1 WHEREAS, on March 1, 2011, the County Board created the office of County 2 Administrator; and 3 4 WHEREAS, due to the retirement of the first County Administrator Patrick Thompson 5 on August 18, 2020, the County started a recruitment process for a permanent successor; and 6 7 WHEREAS, with the help of Slavin Management Consultants, the County did a national 8 search for a successor County Administrator; and 9 10 WHEREAS, the selection committee met on December 8, 2020 and recommended the 11 appointment of Kenneth L. Witt to St. Croix County Administrator contingent upon a 12 background check and negotiation of an employment agreement. 13 14 NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of 15 Supervisors that it appoints Kenneth L. Witt County Administrator of St. Croix County, to carry 16 out the duties and responsibilities as shown in the position description of County Administrator 17 and the Employment Agreement. 18 19 BE IT FUTHER RESOLVED that the Employment Agreement attached hereto is 20 hereby approved and the County Board Chair is authorized to execute it on behalf of the County 21 Board. Legal-Fiscal-Administrative Approvals: Legal Note: Fiscal Impact: The contract costs are within the amount budgeted for 2021. ot Corporation U065COW lei W2020 n, nterim Fin a binedear 12/V/2020 K�. ,ou 12J11 1/2020 12/15/20 Administration Committee RECOMMENDED ------------------------------------------------------------------------------------------------------------------------------------------- RESULT: RECOMMENDED [UNANIMOUS] MOVER: David Peterson, Supervisor SECONDER: Scottie Ard, Vice Chair AYES: Long, Koch, Ard, Peterson, Peavey Vote Confirmation. y fob Long Administnatkin,Charr +k 1 Z/16/2020 SL Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ------------------------------------------------------------------------------------------------------------------------------------------- RESULT: ADOPTED [UNANIMOUS] MOVER: Bob Long, Supervisor SECONDER: Dave Ostness, Supervisor AYES: Schachtner, Anderson, Long, Leaf, Koch, Hall, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Ard, Tellijohn, Peterson, Anderson, Achterhof, Tomtschik, Peavey This Resolution was Adopted by the St. Croix County Board of Supervisors on January 5, 2021 Cindy Campbell, County Clerk EMPLOYMENT AGREEMENT This AGREEMENT is made this 5th day of January 2021 by and between the Board of Supervisors of St. Croix County, Wisconsin ("Employer") and Kenneth L. Witt ("Employee"). Employer agrees to employ Employee as County Administrator of St. Croix County (County), and Employee agrees to serve as County Administrator in accordance with Wisconsin state statutes and County ordinances and resolutions, and to perform such other legally permissible and proper duties and functions as the Board of Supervisors shall from time to time assign. SECTION I TERM The term of this Agreement shall commence January 5, 2021 and terminate January 5, 2026. Thereafter, this Agreement shall be renewed automatically for additional one (1) year terms (each, a "Renewal Term")unless either party provides written notice of non-renewal to the other party not less than one hundred-eighty (180) days prior to the end of the Term. All provisions of this agreement shall continue into the renewal term(s). Nothing in this Agreement shall prevent, limit, or otherwise affect the rights of Employer to terminate Employee at any time and for any reason, subject to the provisions set forth herein. Nothing in this Agreement shall prevent, limit, or otherwise affect the rights of Employee to resign at any time and for any reason, subject to the provisions set forth herein. SECTION II SALARY AND PERFORMANCE REVIEWS Employer agrees to pay Employee for his services under this Agreement an annual salary starting at Grade 90, Step 7 of the SCC wage scale, payable on a regular basis in accordance with Employer's payroll procedures and subject to all appropriate federal, state, and other applicable withholdings. On July 1, 2021 Employee shall receive a step increase and shall be paid at Grade 90, Step 8. Employer shall review and evaluate the performance of Employee from time-to-time, at least on an annual basis and provide for Step or COLA increases in the same manner provided to other County employees. Employee may be eligible for a bonus based upon measurable criteria established by the Administration Committee, subject to approval of the payment of the bonus by the County Board at their sole discretion. SECTION III. EMPLOYEE BENEFITS Employee shall receive the same employee benefits available to all non-represented, exempt County staff. For purposes of the County's PTO (personal time off)program, Employee shall be credited with 20 years of service for accrual purposes. At the start of the initial contract term, employee will separate as a regular employee and start as a contract employee. As such, employee will be paid out for current accrued PTO to the maximum amount of 320 hours at the regular employees' current rate of pay. SECTION IV. PROFESSIONAL DUES AND DEVELOPMENT Employee agrees to maintain his professional standing in state, regional, and national groups related to County government Employer agrees to pay Employee's dues or the Wisconsin City/County Management Association, the International City Management Association, and one area service organization. Employee may attend conferences as approved in the County Administrator's budget. SECTION V. DUTY OF LOYALTY Employee shall always act in the best interests of Employer. Employee shall devote full time to the duties and responsibilities of the position and shall engage in no pursuit which interferes with them. SECTION VL TERMINATION AND SEVERANCE PAY Employee's employment under this Agreement may be terminated at any time in any one of the following ways: 1. Death. The death of Employee shall immediately terminate Employee's employment. 2. Disability. If, as a result of incapacity due to physical or mental illness or injury, Employee shall have been absent from full-time duties hereunder for ninety (90) consecutive calendar days, or ninety (90) calendar days in any twelve (12) month period, as long as Employee has exhausted all leaves of absence to which he is then entitled under the Family and Medical Leave Act, Employer may terminate Employee's employment by giving written notice of termination. 3. Good Cause. Employer may terminate Employee's employment for "good cause." "Good cause" shall be Employee's: (a) material breach of this Agreement; (b) negligent performance or nonperformance of any of his duties hereunder; (c) dishonesty or fraud with respect to the business, administration, or operations of the County; (d) conviction of a felony; (e) chronic alcohol or drug abuse; (f) material insubordination; (g)breach of duties and loyalty to the County; or(h) other similar actions, performance, or behavior. 4. Without Cause. Employer may terminate Employee's employment at any time for any reason or for no reason by giving Employee written notice of termination. If Employer terminates Employee without cause under this paragraph before the termination date of this Agreement. Employee shall receive a lump sum payment equal to six months of base salary as severance pay. The severance payment shall constitute a full settlement payment to Employee. The Employers obligation to pay the settlement amount to Employee shall be conditioned upon the Employee executing and delivering to the County a full, final, and complete release of any and all claims that the Employee may claim he has against the County, including but not limited to, any claims of wrongful discharge, discrimination or other employment related claims. The release shall be in a form and shall contain such terms as shall be required by Counsel for the County. The Employee shall not be required to release any pending worker's compensation claim nor shall the Employee be required to release any claim that the Employee may have as to entitlement for unemployment compensation benefits arising out of the Employee's termination. 5. Voluntary Resignation. Employee may resign or retire from employment with Employer at any time, but only after giving at least twenty-eight(28) days written notice. The notice requirement can be waived by Employer at its sole discretion. SECTION VIL GENERAL PROVISIONS This Agreement constitutes the entire understanding of the parties and supersedes all prior arrangements or understandings, whether written or oral, with respect to it. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions shall remain in full force and effect. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised part of this Agreement. This Agreement cannot be amended or modified except by a written amendment or written modification signed by both parties. This Agreement is not assignable or transferrable by either party. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any lawsuit related to or arising out of disputes under this Agreement shall be commenced in the Circuit Court for St. Croix County, Wisconsin. The Board of Supervisors of St. Croix County, Wisconsin, approved and authorized its Chair to execute this Agreement on its behalf on January 5, 2021. Board of Supervisors St. Croix County, Wisconsin By: By: David Peterson, Chair Kenneth L. Witt Date: Date: