HomeMy WebLinkAboutbocc.con.029.2003 CONTRACT # APPROVED BY BOCC
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EMPLOYMENT CONTRACT
PITKIN COUNTY ~AGER
2003 ~41J/~
~s con~act is made md entered ~to ~ of ~s ~ day o 2003
Bo~d of Co~ Co~ssionc~ of Pi~ Co~, Color~o ("BOCC"~]~ Fletcher
RECITALS
Smith is employed in the capacity of Pitldn County Manager as that position is defined in
the Colorado Revised Statutes and the Pitkin County Charter, and;
Smith accepts this employment with all of the duties and obligations associated thereto, as
those duties and obligations may be changed or amended by the BOCC, fi.om time to time.
EMPLOYMENT
NOW THEREFORE, the Parties hereto agree to be bound by the mutual covenants
contained herein establishing their obligations concerning employment, remuneration, duties and
performance.
1. Scope of Duties. Smith will be responsible for implementation of the policies of the
BOCC, oversee and direct the administration of Pitkin County affairs and direct the action of the
various departments of government within the County. These duties 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 term of this employment contract is for one year fi.om the date first
written. Prior to the end of the initial Year term, and every successive year term, it is the intention
of the parties to review Smith's performance and evaluate the terms of this contract. The term of
this contract shall renew for successive one year periods unless cancelled by either party as
provided herein.
3. Compensation
A. Salary. Smith shall receive a salary of $99,793.00 per year. Such
salary will be retroactive to the anniversary date of Smith's hire of January
12t~. This compensation shall be paid in the same manner as any other
Pitkin County employee as provided for in the Personnel Policies and
Procedures Manual as that manual may be modified from time to time. This
salary shall be increased annually by a cost of living adjustment (COLA)
1
equal to the COLA as provided for county employees on the first regular pay
period of each calendar year.
B. Benefits. Smith will receive all benefits contained within the
Pitldn County Personnel Policies and Procedures Manual with the exception
of those benefits contained in Section 500 of the Manual concerning
standards of conduct and performance counseling.
C. Absence fi:om Work. Smith shall not take any vacation leave or
administrative leave without prior consultation and approval of the Chair of
the BOCC.
4. Cancellation of this agreement and termination of employrnent.
A. Smith may cancel this contract and terminate her employment with
30 (thirty) days prior written notice to the Chair of the BOCC.
B. Smith serves as Pitldn County Manager and receives benefits under
this contract at the pleasure of the BOCC. The BOCC may; at any time
during any term of this contract, cancel this contract and terminate Smith's
employment with or without cause.
C. Severance Compensation. Should either party, at any time, cancel
this contract and terminate ' , ·
Srmth s employment, Srmth shall be entitled to an
amount of severance pay equivalent to five months salary at the rate of
payment existing at the time of cancellation of the contract and termination
of employment. Both parties recognize and acknowledge that this contract
cannot be cancelled nor Smith terminated for acts that are constitutionally
protected or for reasons that violate Smith's civil rights.
5. Assignability. This contract is not assignable by either party under any condition.
6. Annual Appropriations. The financial obligations of the BOCC contained in this
contact are subject to annual appropriation of funds by the BOCC acting in its governmental
capacity.
7. Agreement made in Colorado. The parties agree that this contract 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.
8. Attorney's Fees. In the event legal action is necessary to enforce or interpret any of
the provisions of this contract, the substantially prevailing party shall be entitled to its costs and
reasonable attorney's fees.
Pitkin County Board of County
Commissioners
Chatffman County Manager
APPROVED AS TO FORM:
John M. ~~'~'~
~'~y