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HomeMy WebLinkAbout04. Appoint Katherine Young as Secretary of the District effective 02-13-18 Page 1 of 11 Item 4. CENTRAL SAN BOARD OF DIRECTORS ' POSITION PAPER MEETING DATE: FEBRUARY 1, 2018 SUBJECT: ADOPT RESOLUTION NO. 2018-002 APPOINTING KATHERINE YOUNG TO THE POSITION OF SECRETARYOF THE DISTRICT, M-35 ($10,560.02 - $12,835.73), EFFECTIVE FEBRUARY 13, 2018, AND APPROVE EMPLOYMENT AGREEMENT SUBMITTED BY: INITIATING DEPARTMENT: TEJI O'MALLEY, HUMAN RESOURCES OPERATIONS - POD - HUMAN RESOURCES MANAGER REVIEWED BY: ANN SASAKI, DEPUTY GENERAL MANAGER Ann Sasaki Deputy General Manager ISSUE Board approval is required for the appointment of the Secretary of the District position. BACKGROUND In November 2017, Secretary of the District, Elaine Boehme, retired from the District. An open and promotional recruitment was conducted to fill the vacant Secretary of the District position following her departure. Several rounds of interviews were conducted, and the Board selected Ms. Katherine Young to be the new Secretary of the District. Ms. Young comes to Central San from the North Marin Water District, where she started her career and served in different capacities for the past twelve years, moving up the organization to her most recent position as the District Secretary. She has occupied this position since 2012. February 1, 2018 Regular Board Meeting Agenda Packet- Page 55 of 148 Page 2 of 11 As District Secretary at North Marin Water District, Ms. Young provided high level administrative support to the Board, General Manager, and Management; was designated the Records Manager and coordinated the Records Management Program; ensured District compliance with the Brown Act, Fair Political Practices Commission, and various state and federal regulations related to the conduct of District operations; and monitored and coordinated legal procedures and documents required for elections, improvement district formations, and annexations. Attached are the proposed resolution and employment agreement. ALTERNATIVES/CONSIDERATIONS Do not approve the appointment of Ms. Young. This is not recommended as Ms. Young competed for the position and was the most qualified candidate for the position. FINANCIAL IMPACTS All salary and benefit costs are budgeted as this position is currently vacant. Ms. Young's starting salary will be $10,560.02 per month or$126,720.24 per year. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Adopt Resolution No. 2018-002 appointing Ms. Katherine Young as the Secretary of the District, effective February 13, 2018, and rescinding Resolution 2005-019, and approve the Employment Agreement. ATTACHMENTS: 1. Proposed Resolution 2018-002 2. Proposed Employment Agreement February 1, 2018 Regular Board Meeting Agenda Packet- Page 56 of 148 Page 3 of 11 RESOLUTION NO. 2018-002 A RESOLUTION APPOINTING KATHERINE YOUNG TO THE POSITION OF SECRETARY OF THE DISTRICT OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AND RESCINDING RESOLUTION NO. 2005-019 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT Katherine Young be appointed to the exempt position of Secretary of the District as of February 13, 2018, to serve at the pleasure of the Board of Directors at a beginning salary of $10,560.02 per month or $126,720.24 per year, and shall be entitled to benefits normally accorded to the Management Group; and BE IT FURTHER RESOLVED THAT Katherine Young is hereby authorized and empowered to fulfill the statutory duties of the position of Secretary, including but not limited to the execution of necessary documents, warrants and checks, and shall during this appointment fulfill such other duties as the Board may ordain. PASSED AND ADOPTED this 1St day of February 2018, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Donna M. Anderson Provisional Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District February 1, 2018 Regular Board Meeting Agenda Packet- Page 57 of 148 Page 4 of 11 CENTRAL CONTRA COSTA SANITARY DISTRICT SECRETARY OF THE DISTRICT KATHERINE YOUNG EMPLOYMENT AGREEMENT I. The Central Contra Costa Sanitary District, a special district organized pursuant to the State of California H&S Code, Sanitary District Act of 1923, herein referred to as the "District," hereby employs Katherine Young, hereinafter referred to as the "Secretary of the District," subject to the terms, conditions and provisions of this Agreement. The Secretary of the District hereby accepts such employment and agrees to render services as provided herein, all of which services shall be performed conscientiously and to the full extent of the Secretary of the District's ability. The Secretary of the District's services shall be exclusive to the District during the term of this Agreement. The Parties acknowledge and agree that the Secretary of the District is an "at-will" employee serving at the pleasure of the District's Board of Directors (the "Board"). II. Term. The Secretary of the District's employment shall be effective on February 13, 2018 through February 13, 2021. Except as provided in Paragraph X, beginning February 14, 2021, the term of the contract shall be extended automatically on a year-by-year basis unless the District provides written notice of at least ninety (90) days prior to the end of the term of the Agreement of its intent to terminate the Agreement. If the Agreement is extended from year to year, the Agreement to provide ninety (90) days written notice applies to that extended term. Notwithstanding the above-stated term, the Secretary of the District acknowledges that she is an at-will employee and nothing in this Agreement shall prevent, limit, or otherwise interfere with the District's ability to terminate her employment at any time with or without cause, in accordance with Paragraph X of this Agreement. III. Positions and Duties. The Secretary of the District shall serve in the position referred to above with authority to act on such matters as may from time to time be directed by the Board or as may be appropriate. IV. Exclusivity. The Secretary of the District warrants that there are no agreements or arrangements, whether written or oral, in effect which would prevent the Secretary of the District from rendering exclusive services to the District during the term hereof and that the Secretary of the District has not made and will not make any commitment or do any act in conflict with this Agreement. - 1 - February 1, 2018 Regular Board Meeting Agenda Packet- Page 58 of 148 Page 5 of 11 V. Salary and Benefits. Salary— The salary for the position of Secretary of the District shall be, effective February 13, 2018, $10,560.02 per month, or$126,720.24 annually. The Board will consider adjustment of the Secretary of the District's salary in such amounts and to such extent as the Board may determine is desirable on the basis of its annual review and evaluation of the Secretary of the District. Any salary adjustments must be approved by the Board in open session. Benefits— The District agrees to provide the following benefits: 1. Paid Time Off(PTO) of twenty-five (25) days per year, accrued month to month over that year, with those accruals beginning on the first day of employment. The Secretary of the District may accumulate PTO up to a maximum of fifty (50) days. If the accumulated PTO reaches the maximum accrual of fifty (50) days, then the Secretary of the District shall not accrue any additional PTO unless and until the accumulation becomes less than fifty (50) days. The option of requesting a cash payment for accumulated PTO during employment is not permitted by this Agreement. However, any accumulation of PTO up to that maximum accumulation will be payable at the time of any separation of employment. 2. Thirteen (13) paid holidays. 3. Retirement plan of 2 percent (2%) at age fifty-five (55). The Secretary of the District's responsibility is to pay 100% of the employee share as calculated and determined by the Contra Costa County Employees' Retirement Association. 4. The Secretary of the District shall be eligible to receive the same medical plan coverage as is afforded to the Management Group. If she waives District medical coverage, she shall be eligible to receive a contribution amount of$400 per month to the District's deferred compensation plan. - 2 - February 1, 2018 Regular Board Meeting Agenda Packet- Page 59 of 148 Page 6 of 11 5. The Secretary of the District shall be eligible to receive the same retiree medical and dental plan coverage as is afforded to the Management group. 6. Delta Dental Plan coverage paid 100 percent by the District (up to family coverage). 7. A cafeteria plan of$425.00 per month. 8. Life Insurance of$250,000.00 and Accidental Death and Dismemberment Insurance of$250,000.00. 9. Long Term Disability coverage which provides for sixty percent (60%) of earnings up to $13,500.00 per month after a sixty (60) day waiting period. 10. $100.00 per month for phone or communication devices. 11. A 401A contribution of 6.2 percent of salary in lieu of social security contributions. 12. An Employee Assistance Program. VI. Business and Travel Expenses. The District shall pay the Secretary of the District's reasonable and necessary expenses for travel on District business or professional training and development in accordance with District policy. All expenses shall be documented by the Secretary of the District on the appropriate District forms. VII. Review and Evaluation. The Board will conduct a performance review or evaluation of the Secretary of the District's performance annually. The Board may undertake performance review or evaluation of the Secretary of the District at any time in its sole discretion. VIII. Return of Property. Upon termination of this Agreement, regardless of how termination may be effected, or whenever requested by the District, the Secretary of the District shall immediately turn over to the District all of the District's property, including all items used by the Secretary of the District in rendering services hereunder or otherwise, that may be in the Secretary of the District's possession or under her control. IX. Governing Law. This Agreement is made and entered into in the State of California, and the laws of California shall govern its validity and interpretation and the performance by the parties hereto of their respective duties and obligations hereunder. -3 - February 1, 2018 Regular Board Meeting Agenda Packet- Page 60 of 148 Page 7 of 11 X. Termination. The District may terminate this Agreement, with or without cause, at any time upon ninety (90) days' written notice to the Secretary of the District. If the District elects to terminate this Agreement without cause, the District may also elect to terminate the Agreement without providing ninety (90) days' notice. If the District elects to terminate the Secretary of the District without cause and without such notice, the Secretary of the District shall be paid severance compensation in an amount equal to three (3) months of the base monthly salary. At its discretion, the District may satisfy this obligation by providing a combination of notice and severance pay. Such severance is contingent upon the Secretary of the District signing and delivering a general release of all claims against the District in a form acceptable to the District. The Secretary of the District shall not receive any severance payments if such a waiver and release is not executed by the Parties. Notwithstanding the foregoing, in the event the Secretary of the District is convicted of a crime involving an abuse of her office or position, the Secretary of the District shall fully reimburse the District for any severance compensation she received from the District pursuant to this Agreement. For purposes of this paragraph, "abuse of his office or position" means either: (a) an abuse of public authority, including, but not limited to, waste, fraud and violation of the law under color of authority; or (b) a crime against public justice, including, but not limited to, a crime described in Title 7 of Part 1 of the Penal Code. The Secretary of the District shall not be entitled to notice or to severance compensation pursuant to this Paragraph if she is terminated with cause for any of the following reasons: a. Commission of any material act of fraud or dishonesty which is adverse to the District; b. Acting in a manner that is directly or substantially in a conflicting position with the District after notice of the same and reasonable opportunity to cure and which has a material adverse effect on the District; c. Gross negligence in the performance of the Secretary of the District's duties and/or obligations to the District; d. Sale, possession or use of illegal drugs; e. A final judgment by a court of law of unlawful retaliation by the Secretary of the District against any other employee for disclosure of information relative to actual or suspected violations of any State or Federal law; f. Willful disregard of a lawful directive of the Board; g. Insubordination; -4- February 1, 2018 Regular Board Meeting Agenda Packet- Page 61 of 148 Page 8 of 11 h. Improper use of District funds or resources; i. Willful misconduct; j. Unauthorized absence from employment; or k. Any other failure of good behavior either during or outside of employment such that the Secretary of the District's conduct causes discredit to the District. For purposes of this Agreement, termination "with cause" shall apply only to eligibility for the severance pay described in this paragraph, and shall not give rise to any property interest and/or appeal rights of any kind. The Secretary of the District shall be entitled to terminate this Agreement for any reason upon thirty (30) days' written notice. XI. Entire Agreement. This Agreement contains the entire agreement of the parties. It may not be changed orally and any written modification must be signed by both parties. XII. Arbitration. a. Any controversy or claim arising out of or relating to this Agreement or the breach therof, or arising out of or relating to the Secretary of the District's employment or termination therof, including but not limited to claims of employment discrimination based on federal and state law, which cannot be resolved amongst the Parties themselves, shall, in the written request either party served on the other within the applicable statute of limitations, be submitted and resolved by final and binding arbitration. Services of the written request for arbitration shall be made only by certified mail, with a return receipt requested. Time is of the essence; if the request is not served within a one (1) year period after the cause of action arises or the termination of this Agreement, whichever is earlier, then the complaining party's claim(s) shall be forever waived and barred before any and all forums, including, without limitation, arbitration or judicial forums. b. The Arbitrator shall have no authority to alter, amend, modify or change any of the terms of this Agreement, unless a provision expressly conflicts with applicable federal or state laws. Any arbitrator selected under this provision shall have the express authority to consider statutory violations of federal and state law in addition to disputes involving the Agreement, and to award such remedies as may be permitted under statutes. The decision of the Arbitrator shall be final and binding and judgment therein may be entered in any court having jurisdiction over the dispute. -5 - February 1, 2018 Regular Board Meeting Agenda Packet- Page 62 of 148 Page 9 of 11 c. The Arbitration shall be conducted under the National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA") current at the time of dispute. In the event that such rules are determined to be in conflict with federal or state law, then the arbitrator shall have the authority to amend them accordingly. The District shall be responsible for paying all the AAA's administrative and arbitrator's fees. In all other respects, the Parties shall bear their own attorneys' fees and costs except as otherwise required by law. The Parties shall have the right to conduct discovery which provides them with access to documents and witnesses that are essential to the dispute, as determined by the Arbitrator. The Arbitrator's written award shall include the essential findings and conclusions upon which the award is based. d. The Parties intend that this arbitration procedure is mandatory and shall be the exclusive means of resolving all disputes whether founded in fact or law between the Secretary of the District and the District and/or its employees, elected officials, directors, agents, officers, or managers arising out of or relating to this Agreement, the Parties' employment relationship and/or termination of that relationship, including, but not limited to, any controversies or claims pertaining to wrongful or constructive discharge, violations of the covenant of good faith and fair dealing, implied contracts, public policies, anti-discrimination statutes or any employment-related statutes. e. Nothing in this Agreement shall be deemed to waive any requirement to file a claim against the District under the terms of the Government Claims Act or other provisions of law. f. Each party shall be its own cost and attorneys' fees in any such action. THE PARTIES ACKNOWLEDGE THAT BY ADOPTING ARBITRATION THEY HAVE IN EFFECT WAIVED ANY CONSTITUTIONAL OR STATUATORY RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COUT OF LAW AND/OR BY A JURY IN A COURT PROCEEDING. Initials: District Secretary of the District XIII. Severability. If any provision or any part of any provision of this Agreement is for any reason held to be invalid, void, unenforceable or contrary to any public policy, law, statute and/or ordinance, then the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect and fully enforceable. XIV. Interpretation; Captions; Legal Review. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties -6- February 1, 2018 Regular Board Meeting Agenda Packet- Page 63 of 148 Page 10 of 11 acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. Further each party agrees that it has had an ample opportunity to have this document reviewed by its legal counsel prior to execution. -7 - February 1, 2018 Regular Board Meeting Agenda Packet- Page 64 of 148 Page 11 of 11 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. Dated Katherine Young, Secretary of the District RECOMMENDED BY: Dated James A. Nejedly, President of the Board -8 - February 1, 2018 Regular Board Meeting Agenda Packet- Page 65 of 148