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HomeMy WebLinkAboutResolution 2011 (46) RESOLUTION APPOINTING PATRICK J. THOMPSON COUNTY ADMINISTRATOR OF ST. CROIX COUNTY Resolution No. qb ( St. Croix County, Wisconsin WHEREAS, on December 7, 2010, the St. Croix County Board of Supervisors (County Board) adopted Resolution No. 44(20 10), which began a process to restructure County government from an administrative coordinator form of management to a county administrator form of management; and WHEREAS, on March 1, 2011, the County Board adopted Resolution No. 16(2011), which created the office of County Administrator and made some amendments to the County Board Rules and Bylaws and to the County Board Operations Policies; and WHEREAS, on March 1, 2011, the County Board adopted Resolution 17(2011), which approved the County Administrator position description and approved a recruitment plan for the position; and WHEREAS, recruitment has been completed; a candidate, Patrick J. Thompson, has been selected to become the County Administrator; and a tentative employment agreement has been reached (a copy of the Employment Agreement is attached); and WHEREAS, on May 25, 2011 the Administration Committee met to review the terms of the Employment Agreement and all the committee members present voted to recommend approval of the agreement to the County Board; and WHEREAS, Patrick J. Thompson is able to begin employment with the County on June 8, 2011. THEREFORE, be it resolved by the St. Croix County Board of Supervisors that it appoints Patrick J. Thompson County Administrator of St. Croix County, to carry out the duties and responsibilities as shown in the position description of County Administrator and the Employment Agreement. FURTHER, be it resolved that the Employment Agreement attached hereto is hereby approved and the County Board Chair is authorized to execute it on behalf of the County Board. RESOLUTION APPOINTING PATRICK J. THOMPSON COUNTY ADMINISTRATOR OF ST. CROIX COUNTY Continued FURTHER, be it resolved that Patrick J. Thompson shall assume the duties of the Office of County Administrator on June 8, 2011. Offered by the Administration Committee YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE ® ❑ ❑ ❑ Ryan Sicard ® ❑ ❑ ❑ Esther Wentz ❑ ❑ ❑ ® Roger Rebholz ❑ ❑ ❑ ❑ Lorin Sather Sharon Norton - ® El El F / Bauman �� L�Ct/� C i ® ❑ ❑ ❑ i Buck Malick ❑ ❑ ❑ ❑ Daryl Standafer This Resolution was adgpted by the St. Croix County Board Reviewed as to form on «' t of Supervisors on c' J( ,",1 1--p n I 'A 6<0 f t Greg Ti erman, Corporation Counsel Cindy Campbell, C unty Cle 2 EMPLOYMENT AGREEMENT This AGREEMENT is made this 7th day of June, 2011, by and between the Board of Supervisors of St. Croix County, Wisconsin ("Employer") and Patrick J. Thompson ("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 A. This Agreement shall commence June 8, 2011, and terminate on June 30, 2013. B. It is the intent of Employer and Employee to commence negotiations as early as July 1, 2012, and no later than December 31, 2012, for the terms of a successor employment agreement. C. 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. D. 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 11. SALARY AND PERFORMANCE REVIEWS A. Employer agrees to pay Employee for his services under this Agreement an annual salary of $135,000, payable on a regular basis in accordance with Employer's payroll procedures and subject to all appropriate federal, state, and other applicable withholdings. B. Employer at its discretion shall review and evaluate the performance of Employee from time- to-time, at least on an annual basis. C. Employee shall be eligible to receive incentive compensation in addition to the annual salary set forth herein provided that Employee, as County Administrator, achieves certain management goals established by Employer as follows: (1) By June 30, 2012, Employee will develop a strategic plan for County government that has been adopted by Employer. Achievement of this goal will result in a $15,000 exceptional performance award payable to Employee as a lump-sum payment. (2) By June 30, 2013, Employee will develop a performance management system for County employees that will support pay-for-performance and has been adopted by Employer. Achievement of this goal will result in a $15,000 exceptional performance award payable to Employee as a lump-sum payment. (3) Employer shall determine whether the incentive goals have been met and that decision shall be final and binding. (4) If Employee attains both of these goals, Employer and Employee agree that Employee's base salary effective July 1, 2013, will be $160,000, provided Employer and Employee agree on the terms of a successor agreement. SECTION III. EMPLOYEE BENEFITS A. Employee shall receive the same employee benefits available to all non-represented, exempt County staff. B. For purposes of the County's PTO (personal time off) program, Employee shall be credited with 15 years of service for accrual purposes and a bank of 80 hours of PTO upon commencement of employment; Employee will qualify for additional increments in accordance with County policy from that time forward. SECTION IV. TRANSPORTATION Employee will be expected to travel for work-related trips and will receive an automobile allowance of $250/month. In addition, Employee is permitted to utilize County vehicles, consistent with County policy, for longer distance trips as appropriate. Employee will be ineligible to receive reimbursement for mileage. SECTION V. MOVING EXPENSES AND RELOCATION ASSISTANCE Employer acknowledges that Employee is willing and able to commence employment immediately, is actively seeking permanent change of residence to the County, and will pursue that change as rapidly as practical. Accordingly, Employer will provide temporary residence and relocation assistance as follows: A. Employer shall reimburse Employee for reasonable travel expenses between Employee's current residence in Cincinnati, Ohio and the County. B. Employer will reimburse Employee for expenses for moving household and personal goods and furnishings to the County in an amount not to exceed $18,000. Employee shall furnish receipts for these expenses. C. Employer will compensate Employee for temporary living expenses at the rate of $100 per them for days working for the County for the period.between June 8 and October 8, 2011, or until Employee has relocated, whichever occurs first. Employee is not required to provide receipts for expenses related to the per them payments. Per them payments shall be made to Employee at the end of each month. D. In the event that, within the full term of this Agreement, a) Employee's employment is terminated by the County pursuant to Section VIII. A (3) herein, or b) Employee resigns or retires such employment pursuant to Section VIII. A (5) herein, Employee shall repay in full the amounts paid by the County to Employee for relocation expenses pursuant to this Section V within thirty (30) days of the termination of his employment. 2 SECTION VI. PROFESSIONAL DUES AND DEVELOPMENT Employee agrees to maintain his professional standing in state, regional, and national groups related to County government. Employer agree * s to pay Employee's dues for the Wisconsin City/County Management Association, the International City Management Association, and one area service organization. Employee may attend two NACO/NACA and one ICMA meeting each year; however, prior approval for participation and payment shall be required from the Administration Committee. SECTION VII. DUTY OF LOYALTY Employee shall act at all times 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 VIII. TERMINATION AND SEVERANCE PAY A. Employee's employment under this Agreement maybe terminated at anytime in anyone 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 twelve months of base salary as severance pay. The severance pay provision of any successor agreement shall be six months base salary. (5) Voluntary Resignation. Employee may resign or retire from employment with Employer at any time, but only after giving at least thirty (3 0) days written notice. The notice requirement can be waived by Employer at its sole discretion. 3 SECTION IX. GENERAL PROVISIONS A. This Agreement constitutes the entire understanding of the parties and supersedes all prior arrangements or understandings, whether written or oral, with respect to it. B. 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. C. This Agreement cannot be amended or modified except by a written amendment or written modification signed by both parties. D. This Agreement is not assignable or transferrable by either party. E. 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, in Resolution No. ( -dbl') approved and authorized its Chair to execute this Agreement on its behalf on June 7, 2011. Board of Supervisors St. Croix County, Wisconsin By.� ,�.7 --- Daryl Standafer, Chair Patrick J. Thompson Date: 7 ^^e_ d2 d/ Date: 4