John Ball's contract
You read the story in Friday's UDJ. Here's the entire text of the contract as promised.
Contract of Employment with John Ball
Introduction
This Agreement, made and entered into this (date), between the County of Mendocino (hereinafter called “Employer�) and John Ball (hereinafter called “Employee�), an individual who has the required education, training and experience in local government management.
Section 1: Term The term of this agreement shall be for an initial period of 1 year from (date) to (date). This Agreement shall automatically be renewed on its anniversary date for a 1-year term unless notice that the Agreement shall terminate is given at least 3 months before the expiration date. In the event the agreement is not renewed, all compensation, benefits and requirements of the agreement shall remain in effect until the expiration of the term of the Agreement unless Employee voluntarily resigns. In the event that the Employee is terminated, as defined in Section 9 of this agreement, the Employee shall be entitled to all compensation including salary, accrued vacation, car allowance paid in lump sum plus continuation of benefits provided in Section 10 for the remainder of the term of this agreement.
Section 2: Duties and Authority Employer agrees to employ John Ball as Chief Executive Officer to perform the functions and duties specified in Chapter 2.28 of the Mendocino County Code and to perform other legally permissible and proper duties and functions.
Section 3: Compensation
A. Base Salary: Employer agrees to pay Employee an annual base salary of $131,000 payable in installments at the same time that the other management employees of the Employer are paid.
B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer’s compensation policies.
C. Apart from the foregoing, Employer shall give consideration on an annual basis to increase Employee’s compensation.
D. The Employer agrees to increase the compensation each year by the minimum of the COLA increase granted to department heads of the Employer.
Section 4: Health, Disability and Life Insurance Benefits
A. The Employer agrees to provide and to pay 75 per cent of the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and domestic partner equal to that which is provided to all other department heads.
B. The Employer agrees to put into force and to make required payments for the short term County management disability coverage for the Employee.
C. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardiovascular examination, by a qualified physician selected by the Employee, the cost of which shall be paid by the Employer.
D. Employer shall pay for $50,000 life insurance.
Section 5: Vacation, Sick, and Military Leave
A. Upon commencing employment, the Employee shall be credited with 40 hours sick leave. The Employee shall then accrue sick leave at the usual management rate and vacation leave on an annual basis at the five weeks rate.
B. The Employee is entitled to accrue all unused leave to department head maximums. In the event the Employee’s employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time, all paid holidays, personal leave, and other benefits to date.
C. The Employee shall be entitled to military reserve leave time pursuant to state law and Mendocino County policy.
D. The Employee shall upon employment be credited with 48 hours personal leave and annually on the first pay period in January be credited with 48 hours personal leave. This time may not be accumulated from year to year.
Section 6: Automobile Allowance
The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $400 per month as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall reimburse the Employee at the JRS standard mileage rate for any business use of the vehicle beyond Mendocino County.
Section 7: Retirement
1. The Employer agrees to enroll the Employee into the County’s 1937 Act retirement system under Sect. 31676.12 and to make all the appropriate contributions for the Employer and contribute 8 per cent towards the Employee share required.
2. In addition to the Employer’s payment to the local retirement system referenced above and to the base salary paid by the Employer to Employee, Employer agrees to match payments by Employee up to an amount equal to 4 per cent of Employee’s base salary into the designated 457 plan on the Employee’s behalf, in equal proportionate amounts each pay period.
Section 8: General Business Expenses
1. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations.
2. Employer agrees to budget for and pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to pursue necessary official function for Employer including payment of annual lCMA dues.
3. Employer agrees to provide the department head management training benefit to Employee.
4. Employer acknowledges the value of having Employee participate and be involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations.
Section 9: Termination
For the purpose of this agreement, termination shall occur when:
1. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting.
2. If the Employer, citizens or the State legislature acts to amend any provisions of the County Code pertaining to the role, powers, duties, authority, responsibilities of the Employee’s position that substantially changes the form of Employee’s responsibilities, the Employee shall have the right to declare that such amendments constitute termination.
3. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination.
4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion.
5. Breach of contract declared by either party with a 30-day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 13.
Section 10: Severance
Severance shall be paid to the Employee when employment is terminated as defined in Section 9.
If the Employee is terminated, the Employer shall provide a minimum severance payment equal to six months salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee.
The Employee shall also be compensated for all accrued vacation time, all paid holiday, and personal leave.
For a minimum period of six months following termination, the Employer shall pay the cost to continue the following benefits:
1. Health insurance for the Employee and all dependents as provided in Section 4A.
2. Life insurance as provided in Section 4D.
If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section.
Section 11: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise.
Section 12: Moving and Relocation Expenses
Employee agrees to establish residence within the boundaries of Mendocino County within one month of employment, and thereafter to maintain residence within the corporate boundaries of Mendocino County.
A. Employer shall reimburse the expenses of moving Employee and domestic partner and personal property from Portland, Oregon to Mendocino County. Said moving expenses include packing, moving, storage costs, unpacking, and insurance charges.
B. Employer shall reimburse Employee for actual lodging and meal expenses for his family in route from Portland to Ukiah. Mileage costs for moving two personal automobiles shall be reimbursed at the current IRS allowable rate.
C. Employer shall pay Employee an interim housing supplement of $1,500 per month for a period commencing 5/1/05 (date) and shall continue for a maximum of three months or until a home is purchased and closed on, within the limits of Mendocino County, whichever event occurs first.
D. Employer shall reimburse Employee for transportation costs for a total of four round trips for Employee and his domestic partner at any time during the period April through July, including meals, lodging and rental car, to assist with house hunting and other facets of the transition and relocation process.
Section 13: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows:
(1) Employer: Chairman of the Board, County of Mendocino
(2) Employee: John Ball,
Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service.
Section 14: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. Each party to this Agreement acknowledges that he or it has received legal representation in connection with the execution of this document, or has been advised of the right to seek such representation, and has had a full opportunity to review it and propose changes prior to executing it. This Agreement shall not be interpreted against either party as the drafter of this agreement merely by reason of that drafting.
B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest.
C. Effective Date. This Agreement shall become effective on May 8, 2005
D. Severability. The invalidity or partial invalidity of any portion of this agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.
In witness whereof, the parties hereto, by their duly authorized representatives, have affixed their hands on the day and year this Agreement first above written
John Ball, Chief Executive Officer
Bos Agreement# 05-079A
Amendment to Employment agreement between county of Mendocino and John Ball, Chief Executive Officer
This addendum shall modify the agreement of May 8, 2005 (BOS #05-055), between COUNTY and JOHN BALL, as follows:
1. Pursuant to Section 14, paragraph A, Section 4, paragraph A shall be amended to read in its entirety as follows:
‘"The Employer agrees to provide and to pay 75 per cent of the premiums for health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and for Employee’s fiancee by way of enrollment in the Mendocino County Employee Health Plan.�
2. In all other respects, the terms of the agreement shall remain as set forth in the agreement of May 8,2005.