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HomeMy WebLinkAboutbocc.con.159.2013 . -- -.::. __ . .� . . :.:-- _ . _�_� ._.._...... ,_ x .. .:,... . -. . .._. .. �.. _.._. corm�acr# 159, aDj3 EMPLOYM�NT CONTRACT PITHIN COUNTY ATTORNEY 2008 i: This contract is made and entered into as of tl�is 25th day of January 2008 between the Board of County Commissioners of Piticin County, Colorado("BOCC") and John M. Ely(Ely). RECITALS The BOCC has offered continued employment to Ely in the capacity of Pitkin County I' Attomey as that position is defined in the Colorado Revised Statutes and the Pitkin County Chartcr, and; Ely has accepted this offer of employment with all of the duties and obligalions associated thereto, as those duties and obligaUons may be changed or amended by the BOCC, from time to time. � EMPLOYMENT � i NOW THEREFORE, the Parties hereto agree to be bound by the mutual covenants contained herein establislung their obligations conceming employment, remm�eraiion, duGes azid performance. � I,' i. 1. Scope of Duties. Ely will serve as County Attomey,and be responsible as chief '', legal counsel to the BOCC. �ly shall be responsible to defend the actions of the BOCC, prosecute j actions to enforce the law of the State of Colorado and Pitkin County, as applicable, and advise j. other County staff so long as no conflict exists with his representation of the BOCC. These duties i may be amended and supplemented by the BOCC at any time during the course of the initial term or any subsequent term of this contract. � 2. Term. The teim of this employment contract is for four yeazs from the date first � written. Priar to the date of January 25 of each year of this contract and for each yeaz the contraet is renewed, it is the intcntion of the partics to review Bly's performance in terms of successfizl � completion of BOCC directives, defcnse of the BOCC and performance of the allomey's office. • The partics will also use such time to evaluate the terms and compensation of this contract and modify those by mutual consent. The term of this contract shall renew for successive one year I periods unless cancellecl by either party as provided herein. � i ; f � � 3. Compensation A. Salary. Ely shall receive a salary of$6008.19 per pay period. This compensation shall be paid in the same manner as any other Pitkin County employee as provided for ui the Pitkin County Employee Handbook, or its successor document, as that document may be modified from time to time. B. Benefits. Ely will receive all Uenefits contained within the Pitkin County Employee Handbook, or its successor document, consistent with other Pitkin County employees. 4. Cancellation of this agreement and termination of employment. A. Either pariy may cancel this contract and temunate the employment rclationship with 30(thirty) days prior writtcn notice. B. Ely serves as Pitkin County Attomcy and receives benefits under this contract at ttte pleasure of the BOCC. Thc BOCC may, at any time during any term of this contract, canccl this contract and temzinate Ely's employment with or without cause. C. Postemployment Compensatioa Should either party cancel this contract and terminate the Ely's employment, Ely shall be entitled to an amount oP severance pay equivalent to six months salary at the rate of payment existing at the tune of ca��cellation of the contract and termination of employment. Both parties recognize and acknowledge tliat this conuact cannot be cancelled nor Ely temunated for acts, which are constitutionally protected, or for reasons,which violate Ely's civil rights. 5. Assignability. This contract is not assignable by either party under any condirion. 6. Annual Appropriations. The financial obligations of the BOCC contained in this contacf are subject to annual appropriation of funds by the BOCC acting in its governmental capacity. 7. Agreemcnt Made in Colorado. '1'he parties agee that this agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the Pitkin County District Court for the State of Colorado. r , 8. Attorney's Pees. In the event legal action is necessary to enforce or interpret auy of the provisions of this contract, the substantially prevaIling party shall be entitled to its costs and reasonable attomey's fecs. Pitltin County Board of County Pitkin Counly Attorney Commissioneis �j �/ ��� � � - � _ ; � : ack Hatfield Joh Chairman � i � i � i ; 3