HomeMy WebLinkAboutResolution 2013 (09)
Resolution No. 9 (2013)
RESOLUTION APPROVING COUNTY ADMINISTRATOR'S
_ EMPLOYMENT AGREEMENT
1 WHEREAS, On June 7, 2011 the St. Croix County Board of Supervisors (County Board)
2 adopted Resolution No. 46 (2011) appointing Patrick J. Thompson as County Administrator; and
3 WHEREAS, the County Board and County Administrator entered into an Employment
4 Agreement commencing June 8, 2011 and ending on June 30, 2013; and
5 WHEREAS, the County Board and County Administrator desire to supplement and
6 extend the Employment Agreement between the parties; and
7 WHEREAS, on February 19, 2013, the Administration Committee voted in open session
8 to recommend approval of the renegotiated and renewed Employment Agreement to the
9 County Board.
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11 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the
12 Employment Agreement attached hereto is hereby approved and the County Board Chair is
13 authorized to execute it on behalf of the County Board.
Sponsored By: Administration Committee on February 19, 2013
Legal - Fiscal - Administrative Approvals:
Legal Note: None
Fiscal Impact: The contract outlines the required Administrator Budget for 2013 and future years.
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Pa c Tho peon, County Adminis r 2/13/2013
St. Croix County Board of Supervisors Action:
Roll Call - Vote Requirement - Majority of Supervisors Present
RESULT: ADOPTED AS AMENDED [11 TO 51
MOVER: David Peterson, Supervisor
SECONDER: Buck Malick, Supervisor
AYES: Agnes Ring, Tim Hood, Daryl Standafer, Buck Malick, Chris Kilber, Richard Ottino, Tom Hawksford, Andy
Brinkman, David Peterson, Brian Hurtgen, Duane Russett
NAYS: Travis Schachtner, Dave Ostness, Roger Larson, Fred Horne, William Peavey
ABSENT: Fred Yoerg, Ron Kiesler, Joe Hurtgen
This Resolution was Adopted as Amended by the St. Croix County Board of Supervisors on March 5, 2013
Cindy Campbell, County Clerk
EMPLOYMENT AGREEMENT
This AGREEMENT is made this 5th day of March, 2013, by and between the Board of
Supervisors of St. Croix County, Wisconsin ("Employer") and Patrick J. Thompson
("Employee").
Employer and Employee agree to supplement and extend the Employment Agreement
entered into by the parties on June 7, 2011 (initial agreement) in which employer agreed
to employ Employee as County Administrator of St. Croix County (County), and
Employee agreed to serve as County Administrator.
SECTION I. TERM
A. This Agreement shall supplement, and extend the initial agreement and end on June
30, 2017. 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 sixty (60) days prior to the end
of the Term. All provisions of this agreement shall continue into the renewal term(s).
B. 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.
C. 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 IL SALARY AND PERFORMANCE REVIEWS
A. Base Salary. Effective July 1, 2013, Employer agrees to pay Employee for his
services under this Agreement an annual salary of $160,000 (the "Base Salary"),
payable on a regular basis in accordance with Employer's payroll procedures and
subject to all appropriate federal, state, and other applicable withholdings.
B. Pay for Performance (P4P) Incentive Compensation. In addition to the base
salary in Section II. A., Employee will be eligible for Pay for Performance Incentive
Compensation (P4P) according to the same performance incentives available to
Department Heads. This incentive compensation will be based upon the attainment
of certain management goal(s) established by Employer and completed by the
Employee during the time period of July 1 thru June 30 of each year of the
agreement. The specific P4P goal(s) for the year will be presented to Employee by
July 1st of each year. The Employer shall determine reasonably and in good faith
whether the pay for performance objectives have been achieved each year and that
decision shall be final and binding.
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C. Retention Incentive. As an incentive to maintain a long term relationship, if the
Employee maintains employment through June 2017. Employee shall receive a
retention incentive equal to the total amount of pay for performance compensation
received during the initial and any renewal term.
D. Performance Reviews. Employer shall review and evaluate the performance of
Employee annually.
SECTION M. EMPLOYEE BENEFITS
A. Employee shall receive the same employee benefits available to all non-represented,
exempt County staff.
SECTION IV. TRANSPORTATION
A. Employee will be expected to travel for work-related trips and will receive an
automobile allowance of $400/month ("Transportation Allowance"). There shall be
an annual adjustment to the Transportation Allowance to reflect increases and decreases
in the U.S. Department of Labor Consumer Price Index for All Urban Consumers
("CPI"). In addition, Employee will be permitted to utilize County vehicles, consistent
with County policy, for longer distance trips as appropriate. Employee shall be
ineligible to receive reimbursement for mileage.
SECTION V. 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 for the
Wisconsin City/County Management Association, the International City Management
Association, and one area service organization. Employee may attend 2 NACO/NACA
and one ICMA meeting each year; however, prior approval for participation and
payment shall be required from the Administration Committee.
SECTION VL 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.
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SECTION VIL TERMINATION AND SEVERANCE PAY
A. 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.
(5) Voluntary Resignation. Employee may resign or retire from employment with
Employer at any time, but only after giving at least thirty (30) days written
notice. The notice requirement can be waived by Employer at its sole discretion.
SECTION VIII. 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.
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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. approved
and authorized its Chair to execute this Agreement on its behalf on March 5, 2013.
Board of Supervisors
St. Croix County, Wisconsin
By:
Daryl Standafer, Chair Patrick J. Thompson
Date: Date:
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