Employment Agreement/CAB and Jentz0
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into effective this 26th day of February,
1996, by and between the Countywide Administrative Board (hereinafter, the Board) and
Thomas R. 7entz (hereinafter, the Employee).
L Duties.
The Board agrees to employ Thomas R. 7entz as Planning Director of the Flathead
Regional Development Office, to perform the functions and duties set forth in the job
description in the Countywide Administrative Board Manual of Personnel Policies and
Procedures, which is, by this reference, made a part of this Agreement. The job description
and the duties of the Employee may be modified from time to time by the Board. It is
mutually agreed between the Board and the Employee that the Employee is employed by the
Board, and not by the individual members thereof, and the Employee's direction will come
from the Board.
The provisions of the Personnel Policies and Procedures Manual of the Countywide
Administrative Board do not apply to the Employee, except as certain of those provisions are
specifically mentioned herein.
Reimbursement for any travel required of the Employee shall be covered by the
provisions of the Personnel Policies and Procedures Manual.
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2. Term.
The provisions of this Agreement will remain in effect through March 1, 1997, and
will be automatically renewed for one (1) year terms thereafter unless either party gives
written notice to the other party at least thirty (30) days prior to renewal that either (i) the
provisions hereof are unsatisfactory and should be modified by renegotiation, or (ii) that the
parry does not intend to renew this agreement at the end of the current term.
Notwithstanding any of the terms hereof, it is mutually understood and agreed
between the parties that the employment relationship between the Board and the Employee
is terminable at the will of the Board and nothing in this Agreement shall prevent, limit or
otherwise interfere with the right and authority of the Board to terminate the services of the
Employee at any time. In the event that the Board terminates the employment of the
Employee other than for just cause, including nonrenewal at the end of a contract term, the
provisions set forth in Paragraph 3 hereof shall apply. In the event that the Employee is to
be terminated for just cause, the Board shall provide notice and opportunity for hearing
before the Board, pursuant to the provisions of the Personnel Policies and Procedures
Manual; provided, however, that following the decision reached after such hearing, no
further appeal to the Board shall be provided.
It is also mutually understood and agreed between the parties that the Employee may,
at any time, resign from employment with the Board. Employee agrees that sixty (60) days
written notice of such resignation will be given to the Board.
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3. Termination and Severance Pay.
In the event that the employment relationship is terminated by the Board during such
time that the Employee is ready, willing and able to perform the duties under this
Agreement, the Board agrees to pay the Employee a severance payment. The severance
payment shall be equal to one fourth of the Employee's annual base salary, less normal
deductions required by law. This severance payment shall be in addition to payment for any
earned salary and accrued vacation and/or sick leave due at termination.
In the event that the Employee is terminated for just cause, the Board shall have no
obligation to Employee for the severance payment set forth in this Paragraph.
4. Benefits.
The Employee will receive vacation and sick leave benefits set forth in State statute
and FRDO policy, including the prescribed payment on termination for unused vacation and
sick leave, and will be eligible for membership in Flathead County's health and life insurance
program so long as that program is available to employees of the Countywide Administrative
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The Employee will be enrolled in the Public Employees' Retirement System and be
covered under the Workers' Compensation and Unemployment Insurance programs.
S. Disability.
If Employee becomes permanently disabled or is otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity or health for a period of four
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(4) successive weeks beyond any accrued sick leave, or for twenty (20) working days over
a thirty (30) working day period, the Board shall have the option to terminate the
employment relationship, subject to the severance payment requirements of Paragraph 3. The
Employee shall be compensated for any accrued and unpaid sick leave, vacation leave and
other accrued benefits as provided for by the Personnel Policies and Procedures Manual of
Countywide Administrative Board.
6. Ste.
The Board agrees to pay the Employee for services rendered as Planning Director at
a base annual salary of $43,000.00, payable as earned in equal installments at the same time
as the other employees of Countywide Administrative Board are paid.
In February of each year hereafter that this Agreement remains in effect, the Board
will evaluate the performance of the Employee and will determine whether an adjustment of
the Employee's salary for the ensuing year is appropriate.
7. Hours of Work.
The normal office hours for the Employee shall be 8:00 a.m. to 5:00 p.m., Monday
through Friday. The Employee shall comply with the FRDO's time -recording policies and
procedure. To the extent that the Employee must devote time outside the normal hours to
business of the FRDO, the Employee will be allowed to take compensatory time off during
said normal office hours. The Employee shall be free to determine when such compensatory
time shall be taken but the Employee will take compensatory time at such times as to cause
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a minimum of disruption in the FRDO's affairs. The Employee shall comply with the
provisions of the Personnel Policies and Procedures Manual regarding accrual, recording,
and use of compensatory time.
8. Outside Activities.
The Employee agrees to remain in the exclusive employ of the Board for the duration
of this Agreement and the Employee will not accept any outside employment without the
written approval of the Board. To the extent that any outside employment will not create a
conflict of interest between that employment and the interests of the Board, and will not
interfere with the Employee's performance of the duties of Planning Director, the Board shall
not unreasonably withhold such approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate the day and year first above written.
COUNTYWIDE ADMINISTRATIVE BOARD
Flathead County, Montana
By:
Bruce Williams, Chairman
By:
Sharon L. Stratton, Member
By:
Gary Stevens, Member
By:
Roger Hopkins, Member
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Thomas R. Jentz, Employee