- 1.COpy EMPLOYMENT AGREEMENT This Agreement is made and entered
into this 5th day of August, 2008, between the Board of Supervisors
of Gloucester County, Virginia (the "Board") and Brenda G. Garton
(the "County Administrator") and sets forth the terms and
conditions of her employment by the Board as County Administrator
for the County of Gloucester, Virginia ("Gloucester County") .
WITNESSETH WHEREAS, the Board desires to employ the services of
Brenda G. Garton as County Administrator of Gloucester County,
Virginia ("Gloucester County"); and WHEREAS, it is the desire of
the Board to (1) secure and retain the services of the County
Administrator and to provide inducement for her to remain in such
employment and (2) to provide a just means for termination of the
County Administrator's services at such time as she may be unable
fully to discharge her duties or when the Board may desire to
otherwise terminate her employ; and WHEREAS, Brenda G. Garton
desires to accept employment as the County Administrator for
Gloucester County, Virginia; and WHEREAS, the parties wish to enter
into an agreement setting forth the terms of such employment during
such period; and NOW THEREFORE, in consideration of the mutual
covenants herein contained, the' Board and the County Administrator
agree to the following terms and conditions of employment: Section
1. Employment of a~d Duties of County Administrator a. The Board
hereby agrees to employ Brenda G. Garton as County Administrator of
Gloucester County to serve as the chief administrative officer of
Gloucester County. b. The County Administrator shall perform the
functions and duties prescribed by Section 15.2-1541 of the Code of
Virginia, those set forth in the position description for the
County Administrator approved by the Board and attached hereto as
Appendix A and as amended from time to time, policies and
re"gulations adopted by the Board, and the legal directives of the
Board. The County Administrator shall devote all necessary time,
skill, labor. and attention to such duties as the chief
administrative officer of Gloucester County. c. . The County
Administrator shall have charge of the .administration of the
Gloucester County government under the direction of the Board. The
County Administrator shall fully and completely inform the Board of
any and all information that is relevant to the functioning of the
Board. The County Administrator shall be the chief executive for
the Board; shall select. organize and assign all personnel. as best
serves Gloucester County Government, subject to the policies of the
Board and the laws of the Commonwealth; shall oversee the business
affairs of Gloucester County; shall from time to time suggest
regulations, rules, and procedures deemed necessary for the well
ordering of Gloucester 1 Page 12
2. County; and in general perform all duties incident to the
office of County Administrator as prescribed by law and Board
policy. . d. The County Administrator shall perform any other
legally permissible duties or functions which the Board may see fit
to assign at any time during the term of this Agreement consistent
with the office of County Administrator. Section 2. Commencement of
Employment; County Administrator Serves at Pleasure of Board. a.
The County Administrator shall commence her services in that
position on August 20, 2008. However, on August 6, 2008, Brenda G.
Garton will begin orientation to assume the duties of county
administrator and work in conjunction with the Interim County
Administrator until August 20, 2008 , at which time she will assume
the county administrator's duties. During the orientation period
she will be compensated fully as if she were the county
administrator under the provisions of this Agreement. b. The Board
and County Administrator acknowledge that the County Administrator
serves only at the pleasure of the Board. Nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of the
Board of Supervisors to terminate the services of the County
Administrator at any time, with or without reason, provided that it
may not do so for any reason which would contravene the laws of the
Commonwealth or the Constitution or laws of these United States,
and subject only to the Termination and Severance provisions set
forth in Section 3 of this Agreement. c. Nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of the
County Administrator to resign at any time from her position with
the county, subject only to the provisions of Section 4 of this
Agreement Section 3. Termination and Severance Pay. a. Termination
by Board without cause; notice. The Board shall have the right to
terminate this Agreement at any time by providing the County
Administrator with written notice setting forth the effective date
of termination and paying the County Administrator the severance
pay set forth in paragraph "c" of this Section. No severance shall
be paid in the event that employment is terminated for the reasons
set forth in paragraphs "b" or "e" of this Section. b. Termination
by Board for cause. The County Administrator may be terminated . by
the Board for sufficient cause which shall include material breach
of this Agreement, willful non-compliance with laws and regulations
or Board policies, conviction of any felony or any crime involving
moral turpitude, or conviction of a crime involving her employment
with Gloucester County or an act involving gross and willful
negligence whether such act results in a criminal prosecution or
not.. In the event of such termination for cause, all salary and
benefits shall cease as of the effective date of such termination.
The County Administrator shall be entitled to payment for accrued
annual leave in accordance with paragraph "c n of Section 7 of this
Agreement. 2 Page 13 3. c. Severance Pay: In the event of
termination as provided in paragraph "a" of this Section, the
County Administrator shall be entitled to severance pay, in an
amount equal to six (6) months base salary as specified in Section
5 of this Agreement. This severance pay and payments for accrued
annual leave in accordance with paragraph "c" of Section 7 of this
Agreement shall be the total and complete amount due the County
Administrator under this Agreement. Should the County Administrator
make application for and receive unemployment benefits following a
termination of her employment by the Board, the sum due under this
paragraph shall be reduced directly by the total sum of
unemployment benefits paid to the County Administrator. d.
Termination for Non Compliance with Agreement or Resignation
Requests. In the event the Board refuses, following written notice.
to comply with any provisions of this Agreement benefiting the
County Administrator. or if the County Administrator resigns (not
for cause) following a request, either formal or informal, by the
Board that the County Administrator resign, then in that event, the
County Administrator may, at the County Administrator's option. be
deemed to be terminated at the date of such refusal or suggestion,
and the provisions of paragraph "c" above with regards to severance
corripensation shall apply. e. Termination for Disability,
Sickness. If the County Administrator is permanently disabled or is
otherwise unable to perform her duties because of sickness,
accident, injury, mental or physical incapacity or health for a
period of four (4) successive weeks beyond any accrued sick leave,
the Board shall have the option to terminate this Agreement
effective on the date of written notice thereof without regard to
any other notice provisions in this Agreement. However. the County
Administrator shall be compensated for any accrued and unused sick
leave, vacation, holidays, compensatory time and other benefits to
the date of termination. However, the Board shall have no
obligation to provide the severance pay pursuant to paragraph "c"
of this Section. Section 4. Voluntary Resignation. The County
Administrator may terminate this Agreement by giving written notice
at least . three (3) months prior to the effective date of said
resignation. The County Administrator shall be entitled to receive
all compensation payable under this Agreement to and including the
effective date of said reSignation, and leave accruals, as listed
in paragraph "c" of Section 7 of this Agreement. The Board may, in
its sole discretion, waive any or all of this three (3) months
notice requirement. Section 5. Salary The annual base salary of the
County Administrator for fiscal year July 1, 2008 to June 30, 2009
shall be $125,000, to be paid in accordance with the standard
policy of the Board governing payment of professional. staff
members in the Gloucester County government. In . addition, the
County Administrator's annual compensation for the first year of
the term of this Agreement shall include the amount of $2,000.00 in
deferred compensation which amount may be adjusted at her
discretion in subsequent years of this Agreement by the amount of
any reduction of her car allowance as provided in Section 6 below.
The Board agrees to award the County Administrator in July of each
fiscal year cost of living increases, if any, in the same amount as
awarded to Gloucester County Employees generally. The 3 Page 14 4.
annual salary and deferred compensation of the County Administrator
may be adjusted or increased for any subsequent fiscal year during
the term of this Agreement based on an annual performance review
prior to the end of the fiscal year. In lieu of or in addition to a
salary increase, the Board may provide a bonus to the County
Administrator based on her annual performance review. Any
adjustments for subsequent years during the term of this Agreement
shall be in writing and shall be in the form of an amendment or
addendum except for the above mentioned cost of living increases.
Section 6. Automobile Allowance. During the first year of the term
of this Agreement the Board ~hall provide the County Administrator
an annual vehicle allowance of $8,000 for the use of her personal
vehicle for Gloucester County business. This shall be paid in equal
monthly installments beginning on the first day of this Agreement.
However, for any renewal periods, the amount of this benefit may be
reduced provided that an amount equal to such reduced automobile
allowance is provided to CountyAdministrator as an increase to her
deferred compensation benefit. Such change shall be in the
discretion of the County Administrator. Section 7. Annual and Sick
Leave. The County Administrator shall receive annual and sick leave
and shall be entitled to payment for accrued leave as follows: a.
Annual Leave. Hours earned per month - 14 Hours earned per year -
168 Accrual limit - 480 hours Leave Balance granted as of August 6,
2008 - 80 hours b. Sick Leave. Hours earned per month - 8 Accrual
limit - no limit Leave Balance granted as of August 6, 2008 - 0
hours c. Leave Accrual Payout upon Separation. Annual leave - The
County Administrator will receive payment for unused annual leave
upon separation up to a maximum of 480 hours, whenever accrued,
paid at the final base rate of pay. Sick leave - The County
Administrator will receive payment for unused sick leave upon
separation at a rate of five dollars per hour, except that in the
event the County Administrator is terminated for cause, no payment
for accrued sick leave shall be made. Section 8. Hours of Work. The
County Administrator is expected to observe office hours similar to
those of other administration employees. It is recognized that the
County Administrator will frequently be required to work beyond
normal office hours for night or week-end meetings and related 4
Page 15 5. duties. In recognition of the fact that the County
Administrator is expected to devote a significant amount of time
outside of normal office hours to the business of Gloucester
County. the County Administrator may. to the extent that her duties
permit. take reasonable discretion in varying observance of office
hours; however. no accumulation of compensatory time or monetary
compensation is granted. Section 9. Holidays and Other
Miscellaneous Benefits. The County Administrator shall be entitled
to the same holidays and funeral, military, court, workers
compensation, emergency condition, discretionary and volunteer
leave as other fulltime Gloucester County employees. Section 10.
Health Insurance. The Board agrees to pay the total premium for
family hospitalization, medical insurance, dental and vision
insurance for the County Administrator and the County
Administrator's family. Such insurance shall be that chosen by the
County Administrator from among the options offered to Gloucester
County employees generally. Notwithstanding the foregoing. if no
such option for dental and vision insurance is offered to
Gloucester County employees . generally. such insurance benefits
shall not be provided to the County Administrator. Section 11.
Retirement and Life Insurance. The Board shall pay the total
Virginia Retirement System (VRS) contribution (employer and
employee share) and the total premium for VRS Group Term Life
Insurance for the County Administrator. Section 12. Dues,
Subscriptions and Professional Development. a. - The Board agrees
to pay a reasonable amount for the professional dues and
subscriptions of the County Administrator necessary for her
continuation and full participation in VLGMA and ICMA and other
national. state. and local associations necessary and desirable for
her continued professional participation, growth, and advancement
and for the good of Gloucester County following approval by the
Board of any estimated expenses the County Administrator proposes
under this Section. b. Professional Development - The Board also
agrees to pay the travel and related expenses of the County
Administrator for her professional development, professional
training and education. and to attend necessary official and other
functions for the Board and meetings of such other national,
regional, state, and local groups, or committees thereof, on which
the County Administrator serves as a member. following approval by
the Board of any estimate of expenses the County Administrator
proposes under this Section. such expenses to include registration
fees, travel and subsistence expenses in accordance with Gloucester
County travel policies. Such meetings would include the VLGMA
Winter and Summer Conferences, VACo annual conference, the ICMA
annual conference and NACo annual conference, provided that the
expenses therefore are within the total amount budgeted as provided
in paragraph "c" of this Section. 5 Page 16 6. c. The total
available for the expenses set forth in this section shall be set
annually by the Board in the operating budget based on and in
consideration of the recommendation of the County Administrator and
the expenses for dues and subscriptions and professional
development in this Section are limited to such annual budgeted
amount. Section 13. Residency. The County Administrator shall
reside in Gloucester County during the term of this Agreement.
Notwithstanding the foregoing and in recognition of the current
weak housing market making it difficult to sell homes, the Board
agrees that the County Administrator may take up to a year to
relocate her residence to Gloucester County, which date will be
August 10, 2009. Failure to relocate in the time provided in this
Section shall be good and sufficient cause to terminate this
Agreement and in that event. the Board shall have no obligation to
pay the severance compensation provided in paragraph "c" of Section
3 of this Agreement. Notwithstanding the foregoing, the Board may
extend this period for good cause. Section 14. Outside Employment
or Activities. The County Administrator may, with prior approval of
the Board, undertak.e consultative work, speaking engagements,
writing, lecturing, or other professional activities for
compensation so long as such activities do not interfere with the
duties required under this Agreement. Section 15. Evaluation. The
Board shall review and evaluate the performance of the County
Administrator at least once annually before July 1st. This review
shall be in accordance with specific criteria developed by the
Board and the County Administrator. This criteria can be amended
from time to time based on changes to the expectations of the
Board, after the County Administrator has been informed of the
proposed changes. Further, the Board shall provide the County
Administrator with a summary written statement of the evaluation
and provide the opportunity for the County Administrator to discuss
this evaluation with the Board. Section 16. Moving Expense
Allowance. The Board agrees to provide the County Administrator a
moving allowance up to the amount of $5,000.00. The moving expenses
shall be paid upon submittal by the County Administrator of
documentation of such expenses in a form acceptable to the
Gloucester County finance department. Section 17. General
Provisions. a. The Board agrees to provide insurance or
self-insurance coverage in matters relating to the County
Administrator's official duties within the scope of employment, and
legal counsel for the County Administrator as is provided to all
Gloucester County employees generally in accordance with the Code
of Virginia. b. This Agreement is expressly subject to the laws of
the Commonwealth of Virginia and the regulations of Gloucester
County. 6 Page 17 7. c. This Agreement constitutes the entire
agreement between the Board and the County Administrator and may be
amended only by written agreement executed by them. If any
provision of this Agreement is held to be unconstitutional, invalid
or unenforceable, the remainder of the Agreement shall be severable
and shall remain in full force and effect. . d. This Agreement
takes effect on August 5, 2008 provided that it has been duly
executed by the Chair, the County Administrator and attested to by
the Deputy Clerk. IN WITNESS WHEREOF, the Gloucester County Board
of supervisors has caused this Agreement to be executed on its
behalf by its chair in accordance with action authorizing such
execution on August 5, 2008 and the County Administrator has
executed this Agreement, both in duplicate this date. Executed this
5th day of August 2008. GLOUCESTER COUNTY BOARD OF SUPERVISORS
ATTEST: Jt2MJn fl1 ~~Deputy Clerk, Gloucter Teresa L Altemus, Chair
County Board of Supervisors I Brenda. Garton County Administrator
Approved as to form: Barbara M. Rose Interim County Attorney 7 Page
18 8. Page 19 9. Page 20 10. EMPLOYMENT AGREEMENT This Agreement is
made and entered into this 2nd day of September, 2008, between the
Board of Supervisors of Gloucester County, Virginia (the "Board")
and Edwin N. Wilmot (the "County Attorney") and sets forth the
terms and conditions of his employment by the Board as County
Attorney for the County of Gloucester, Virginia ("Gloucester
County") . WITNESSETH WHEREAS, the Board desires to employ the
services of Edwin N. Wilmot as County Attorney of Gloucester
County, Virginia ("Gloucester County"); and WHEREAS, it is the
desire of the Board (1) to secure and retain the services of the
County Attorney and to provide inducement for him to remain in such
employment and (2) to provide a just means for termination of the
County Attorney's services at such time as he may be unable fully
to discharge his duties or when the Board may desire to otherwise
terminate his employ; and WHEREAS, Edwin N. Wilmot desires to
accept employment as the County Attorney for Gloucester County,
Virginia; and WHEREAS, the parties wish to enter into an agreement
setting forth the terms of such employment; and NOW THEREFORE, in
consideration of the mutual covenants herein contained, the Board
and the County Attorney agree to the following terms and conditions
of employment: Section 1. Employment of and Duties of County
Attorney a. The Board hereby agrees to employ Edwin N. Wilmot as
County Attorney for Gloucester County. b. The County Attorney shall
perform thefunctions and duties prescribed by Section 15.2-1542 of
the Code of Virginia, those set forth in Sec. 1-8 of the Gloucester
County Code and those set forth in the position description for the
County Attorney approved by the Board and attached hereto as
Appendix A and as amended from time to time. c. The County Attorney
shall have charge of the provision of legal services for Gloucester
County under the direction of the Board. The County Attorney shall
fully and completely inform the Board of any and all information
related to legal matters that are relevant to the functioning of
the Board. The County Attorney will advise the Board, County
Administration, School Board, Gloucester County constitutional
officers, and the various departments, boards, commissions,
agencies and officers of Gloucester County on legal matters in the
performance of their governmental duties and will represent them in
court on such matters when appropriate or necessary. The County
Attorney also is 1 Page 21 11. responsible for drafting or
reviewing and/or approving ordinance amendments, contracts, deeds,
leases, etc. on behalf of Gloucester County. d. The County Attorney
shall perform any other legally permissible duties or functions
which the Board may see fit to assign consistent with the office of
County Attorney. Section 2. Commencement of Employment: County
Attorney Serves at Pleasure of Board. a. The County Attorney shall
commence his services in that position on October 3, 2008. b. The
Board and County Attorney acknowledge that the County Attorney
serves only at the pleasure of the BOard. Nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of the
Board of Supervisors to terminate the services of the County
Attorney at any time. with or without reason, provided that it may
not do so for any reason which would contravene the laws of the
Commonwealth or the Constitution or laws of these United States,
and subject only to the Termination and Severance provisions set
forth in Section 3 of this Agreement. c. Nothing in this Agreement
shall prevent, limit or otherwise interfere with the right of the
County Attorney to resign at any time from his position with
Gloucester County, subject only to the provisions of Section 4 of
this Agreement Section 3. Termination and Severance Pay. a.
Termination by Board without cause; notice. The Board shall have
the right to terminate this Agreement at any time by providing the
County Attorney with written notice setting forth the effective
date of termination and paying the County Attorney the severance
pay set forth in paragraph "c" of this Section. No severance shall
be paid in the event that employment is terminated for the reasons
set forth in paragraphs "b" or "d" of this Section. b. Termination
by Board for cause. The County Attorney may be terminated by the
Board for sufficient cause which shall include material breach of
this Agreement, willful non-compliance with laws and regulations or
Board poliCies, conviction of any felony or any crime involving
moral turpitude, or conviction of a crime involving his employment
with Gloucester County or an act involving gross and willful
negligence whether such act results in a criminal prosecution or
not. In the event of such termination for cause, all salary and
benefits shall cease as of the effective date of such termination.
The County Attorney shall be entitled to payment for accrued annual
leave in accordance with paragraph "c" of Section 7 of this
Agreement. ' c. Severance pay: In the event of termination as
provided in paragraph "a" of this Section, the County Attorney
shall be entitled to severance pay, in an amount equal to six (6)
months base salary ($112,000) as specified in Section 5 of this
Agreement. This severance pay and payments for accrued annual leave
in accordance with paragraph "c" of Section 7 of this Agreement
shall be the total and complet~ 2 Page 22 12. amount due the County
Attorney under this Agreement. Should the County Attomey make
application for and receive unemployment benefits following a
termination of his employment by the Board, the sum due under this
paragraph shall be reduced directly by the total sum of
unemployment benefits paid to the County Attorney. d. Termination
for disability. sickness. If the County Attorney is permanently
disabled or is otherwise unable to perform his duties because of
sickness, accident, injury, mental or physical incapacity or health
for a period of four (4) successive weeks beyond any accrued sick
leave, the Board shall have the option to terminate this Agreement
effective on the date of written notice thereof without regard to
any other notice provisions in this Agreement. However, the County
Attorney shall be compensated for any accrued and unused sick
leave, vacation, holidays, and other benefits to the date of
termination. However, the Board shall have no obligation to provide
the severance pay pursuant to paragraph "c" of this Section.
Section 4. Voluntary Resignation. The County Attorney may terminate
this Agreement by giving written notice at least three (3) months
prior to the effective date of said resignation. The County
Attorney shall be entitled to receive all compensation payable
under this Agreement to and including the effective date of said
resignation, and leave accruals, as listed in paragraph "c" of
Section 7 of this Agreement. The Board may, in its sole discretion,
waive any or all of this three (3) months notice requirement.
Section 5. Salary The annual base salary of the County Attorney for
fiscal year July 1, 2008 to June 30, 2009 shall be One Hundred
Twelve Thousand Dollars ($112,000) to be paid in accordance with
the s~andard policy of the Board governing payment of professional
staff members in the Gloucester County government. In addition, the
County Attorney's annual compensation shall include the amount of
Three Thousand ($3,000) in deferred compensation which amount may
be adjusted at his discretion in subsequent fiscal years by the
amount of any reduction of his car allowance as provided in Section
6 below. The Board agrees to award the County Attorney in July of
each fiscal year cost of living increases, if any, in the same
amount as awarded to Gloucester County employees generally. The
annual salary and deferred compensation of the County Attorney may
be adjusted or increased for any subsequent fiscal year during the
term of this Agreement based on an annual performance review prior
to the end of the fiscal year. Any adjustments for subsequent years
shall be in writing and shall be in the form of an amendment or
addendum except for the above-mentioned cost of living increases..
Section 6. Automobile Allowance. The Board shall provide the County
Attorney an annual vehicle allowance of Five Thousand Dollars
($5,000) for the use of his personal vehicle for Gloucester County
business. This allowance shall be paid in equal monthly
installments for any fiscal year with the first such installment
beginning on his first day of employment under this 3 Page 23 13.
Agreement. However, the amount of this benefit may be reduced
provided that an amount equal to such reduced automobile allowance
is provided to the County Attorney as an increase to his deferred
compensation benefit. Such change shall be in the discretion of the
County Attorney and shall not require a written addendum to this
Agreement. Section 7. Annual and Sick Leave. The County Attorney
shall receive annual and sick leave and shall be entitled to
payment for accrued leave as follows: a. Annual Leave. Hours earned
per month - 12 Hours earned per year - 144 Accrual limit - 288
hours Leave Balance granted as of October 3, 2008 - 80 ho'urs After
five (5) years of service, the County Attorney shall earn 14 hours
of annual leave per month with an accrual limit of 336 hours. b.
Sick Leave. Hours earned per month - 8 Accrual limit - no limit
Leave Balance granted as of October 3, 2008 - 0 hours c. Leave
Accrual Payout upon Separation. Annual leave - The County Attorney
will receive payment for unused annual leave upon separation up to
a maximum of 288 hours, whenever accrued, paid at the final base
rate of pay. Sick leave - The County Attorney will receive payment
for unused sick leave upon separation at a rate of five dollars per
hour, except that in the event the County Attorney is .terminated
for cause, no payment for accrued sick leave shall be made. Section
8. Hours of Work. The County Attorney is expected to observe office
hours similar to those of Gloucester County administration
employees. It is recognized that the County Attorney will
frequently be required to work beyond normal office hours for night
or weekend meetings and related duties. In recognition of the fact
that the County Attorney is expected to pevote a significant amount
of time outside of normal office hours to the business of
Gloucester County, the County Attorney may, to the extent that his
duties permit, take reasonable discretion in varying observance of
office hours; however, no accumulation of compensatory time or
monetary compensation is granted. 4 Page 24 14. Section 9. Holidays
and Other Miscellaneous Benefits. The County Attorney shall be
entitled to the same holidays and funeral, military, court, workers
compensation, emergency condition, discretionary and volunteer
leave as other fulltime Gloucester County employees. Section 10.
Health Insurance. The Board agrees to pay the total premium for
family hospitalization, medical insurance, . dental and vision
insurance for the County Attorney and the County Attorney's family.
Such insurance shall be that chosen by the County Attorney from
among the options offered to Gloucester County employees generally.
Notwithstanding the foregoing, if no such option for dental and
vision insurance is offered to Gloucester County employees
generally, such insurance benefits shall not be provided to the
County Attorney. Section 11. Retirement and Life Insurance. The
Board shall pay the total Virginia Retirement System (VRS)
contribution (employer and employee share) and the total premium
for VRS Group Term Life Insurance for the County Attorney. Section
12. Dues, Subscriptions and Professional Development. a. Dues and
Subscriptions - The Board agrees to pay a reasonable amount for the
professional dues and subscriptions of the County Attorney
necessary for his licensing as an attorney in Virginia with the
Virginia State Bar (VSB) and necessary for his continuation and
full participation in the Local Government Attorneys of Virginia,
Inc. (LGA) and other national, state, and local associations
necessary and desirable for his continued professional
participation, growth, and advancement and for the good of
Gloucester County following approval by the Board of any estimated
expenses the County Attorney proposes under this subsection and
provided that the expenses therefore are within the total amount
budgeted as provided in paragraph "c" of this Section. b.
Professional Development - The Board also agrees to pay the travel
and related expenses of the County Attorney for his professional
development, professional training and continuing legal education,
and to attend necessary official and other functions for the Board
and meetings of such other national, regional, state, and local
groups, or committees thereof, on which the County Attorney serves
as a member, following approval by the Board of any estimate of
expenses the County Attorney proposes under this Section, such
expenses to include registration fees, travel and subsistence
expenses in accordance with Gloucester County travel policies. Such
meetings would. include the LGA Fall and Spring Conferences
provided that the expenses therefore are within the total amount
budgeted as provided in paragraph "c" of this Section. c. The total
available for the expenses set forth in this section shall be set
annually by the Board in the operating budget based on and in
consideration of the 5 Page 25 15. recommendation of the County
Attorney and the expenses for dues and subscriptions and
professional development in this Section are limited to such annual
budgeted amount. Section 13. Residency. The County Attorney shall
reside in Gloucester County during the term of this Agreement.
Notwithstanding the foregoing and in recognition of the current
weak housing market making it difficult to sell homes and the fact
that the County Attorney has high school age children who are in
the last two years of such schooling, the Board agrees that the
County Attorney may take up to July 1, 2010 to relocate his
residence to Gloucester County. Failure to relocate in the time
provided in this Section shall be good and sufficient cause to
terminate this Agreement and in that event, the Board shall have no
obligation to pay the severance compensation provided in paragraph
"c" of Section 3 of this Agreement. . Section 14. Evaluation. The
Board shall review and evaluate the performance of the County
Attorney at least once annually before July 1st. This review shall
be in accordance with the position description for the County
Attorney approved by the Board and any other speCific .criteria
developed by the Board and the County Attorney. This position
description and criteria may be amended from time to time based on
changes to the expectations of the Board, after the County Attorney
has been informed of the proposed changes. Further, the Board shall
provide the County Attorney with a summary written statement of the
evaluation and provide the opportunity for the County Attorney to
discuss this evaluation with the Board. Section 15. Moving Expense
Reimbursement Allowance. The Board agrees to provide the County
Attorney a moving reimbursement allowance. up to the amount of Five
Thousand Dollars ($5,000). The moving expenses shall be paid lIpon
submittal by the County Attorney of documentation of such expenses
in a form acceptable to the Gloucester County finance department.
Section 16. General Provisions. a. The Board agrees to provide
insurance or self-insurance coveragein matters relating to the
County Attorney's official duties within the scope of his
employment. b. This Agreement is expressly subject to the laws of
the Commonwealth of Virginia and the regulations of Gloucester
County. c. This Agreement constitutes the entire agreement between
the Board and the County Attorney and may be amended only by
written agreement executed by them. If any provision of this
Agreement is held to be unconstitutional, invalid or 6 Page 26 16.
unenforceable, the remainder of the Agreement shall be severable
and shall remain in full force and effect. d. This Agreement takes
effect on October 3, 2008, provided that it has been duly executed
by the Chair, the County Attorney and attested to by the Clerk of
the Board. IN WITNESS WHEREOF, the Gloucester County Board of
Supervisors has caused this Agreement to be executed on its behalf
by its chair in accordance with action authorizing such execution
on September 2, 2008 and the County Attorney has executed this
Agreement, both in duplicate this date. Executed this 2nd day of
Scf-t.mbu: 2008. GLOUCESTER COUNTY BOARD OF SUPERVISORS
By:_~~.~tt.-~;(....!....:!.'---.!{lf;f~~~~..::.--_ Teresa L
Altemus, Chair Edwin N. Wilmot, County Attorney ~~vBarbara M. Rose
Interim County Attorney Enc.: Appendix A - Gloucester County Job
Description - County Attorney 7 Page 27 17. Appendix A GLOUCESTER
COUNTY JOB DESCRIPTION JOB TITLE: COUNTY ATTORNEY ~ PQ# 0301 COUNTY
ATTORNEY'S OFFICE Under minimal supervision, performs professional
and supervisory work advising the Board of Supervisors, County
Administration, School Board, County constitutional officers, and
the various departments, boards, commissions, agencies and officers
of the County on legal matters, representing them in court when
necessary. Work also involves supervising a professional and
clerical staff. Employee is responsible for reviewing and/or
approving contracts, deeds leases, etc., on behalf of County;
advising on issues with legal implications, as necessary. Employee
must exercise considerable initiative and independent judgment in
various phases of work. Reports to the Board of Supervisors.
SPECIFIC DUTIES AND RESPONSIBILITIES ESSENTIAL JOB FUNCTIONS
Prepares, plans and participates in litigation in suits for and
against the County; prepares legal opinions and briefs;
investigates claims for and against the County and makes
recommendations for the settlement of claims, as appropriate.
Researches, prepares or reviews and/or edits contracts, deeds,
leases, resolutions, ordinances and other legal documents.
Recommends procedures and actions based on legal knowledge and
experience, and the interpretation of legal documents, both on
request and at the initiation of the Board of Supervisors; attends
regular and special Board meetings toprovide legal advice, as
necessary. Supervises activities of the professional and clerical
staff in the County Attorney's office; ensures quality and
propriety of legal information and advice provided to clients;
supervises all administrative matters within the office, including
budget preparation, general ledger monitoring, scheduling, and
personnel matters. Examines and certifies titles of land to be
acquired; executes closings on real property sales and purchases.
Responds to inquiries and requests for information from County
citizens, media, and County employees. ADDITIONAL JOB FUNCTIONS
Reviews professional journals and participates in continuing
education to keep abreast of any developments or changes in the
field. Performs other related work as required. MINIMUM TRAINING
AND EXPERIENCE Graduation from an accredited school of law and 8 to
10 years of experience in the practice of law, including a minimum
of 2 years trial experience; or any equivalent combination of
training and experience which provides the required skills,
knowledge and abilities. Experience working with a city or county
government within the state of Virginia is required. 8 Page 28 18.
SPECIAL REQUIREMENTS Must be licensed to practice law in the
Commonwealth of Virginia. Must become a resident of the County
within a timeframe prescribed by the Board of Supervisors. MINIMUM
QUALIFICATIONS OR STANDARDS REQUIRED TO PERFORM ESSENTIAL JOB
FUNCTIONS Physical Requirements: Must be physically able to operate
tools such as pens, pencils, telephone and standard office
eqUipment. Must be able to exert up to 20 Ibs of force to move
objects. Sedentary work involves sitting most of the time, but may
involve walking or standing for brief periods of time. Jobs are
sedentary if walking and standing are required only occasionally
and all other sedentary criteria are met. Data Conception: Requires
the ability to compare and/or judge the readily observable,
functional, structural or comppsitional characteristics (whether
similar or divergent from obvious standards) of data, people or
things. Interpersonal Communication: Requires the ability of
speaking and/or signaling people to conveyor exchange information.
Includes giving instructions, assignments or directions to
subordinates or assistants. Lanquage Ability: Requires the ability
to read a variety of reports, letters and memos, contracts, deeds,
ordinances, resolutions, legal briefs, etc. Requires the ability to
prepare correspondence, reports, contracts, deeds, legal briefs,
ordinances, resolutions, etc., using prescribed formats and
conforming to all rules of punctuation, grammar, diction, and
style. Requires the ability to speak before groups of people with
poise, voice control and confidence. Intelligence: Requires the
ability to understand the meaning, relationships and principles of
symbols, formulas, and concepts; to develop methods and procedures
for problem solving; to present solutions in logical and systematic
forms and sequences. Verbal Aptitude: Requires the ability to
record and deliver information, to explain procedures, to follow
oral and written instructions. Must be able to communicate
effectively and efficiently in a variety of technical or
professional languages including legal, engineering, medical and
tax terminology. Numerical Aptitude: Requires the ability to
utilize mathematical formulas; to add and subtract; multiply and
divide; utilize decimals and percentages. . Form/Spatial Aptitude:
Requires the ability to inspect items for proper length, width and
shape. Motor Coordination: Requires the ability to coordinate hands
and eyes rapidly and accurately in using office equipment. Manual
Dexterity: Requires the ability to handle items such as office
equipment. Must have minimal levels of eye/hand/foot coordination.
Color Discrimination: Does not require the ability to differentiate
between colors and shades of color. Interpersonal Temperament:
Requires the ability to deal with people beyond giving and
receiving instructions. Must be adaptable to performing under
stress and when confronted with persons acting under stress.
Physical Communication: Requires the ability to talk and hear:
(Talking: expressing or exchanging ideas by means of spoken words.
Hearing: perceiving nature of sounds by ear.) Must be able to
communrcate via telephone. 9 Page 29 19. PERFORMANCE INDICATORS
Knowledge of Job: Has thorough knowledge of Virginia law pertaining
to the operations, authorities and responsibilities of municipal
government, especially as applied real estate taxation, and code
enforcement. Has thorough knowledge of the principles and
procedures of civil law, especially as related to municipal
government. Has thorough knowledge of criminal law. Has thorough
knowledge of municipal government structure and operations. Has
considerable knowledge of statutory provisions applying to rules of
order. Has considerable knowledge of legal research and
investigation methodology, judicial procedure, and rules of
evidence. Has considerable knowledge of the current literature,
trends and developments in the field of municipal law. Is skilled
in criminal prosecution. Is skilled in legal writing. Is able to
interpret and apply laws and court decisions, and to use legal
source material in technical research. Is able to effectively
express ideas orally and in writing. Is able to establish and
maintain effective working relationships as necessitated by work
assignments. Quality of Work: Maintains high standards of accuracy
in exercising duties and responsibilities. Exer cises immediate
remedial action to correct any quality deficiencies that occur in
areas of responsibility. Maintains high quality communication and
interacts with all County departments, co- workers and the general
public. Quantity of Work: Maintains effective and efficient output
of all duties and responsibilities as described under "Specific
Duties and Responsibilities." Dependability: Assumes responsibility
for doing assigned work and meeting deadlines. Completes aSSigned
work on or before deadlines in accordance with directives, County
policy, standards and prescribed procedures. Accepts accountability
for meeting assigned responsibilities in the technical, human and
conceptual areas. Attendance: Attends work regularly and adheres to
County policies and procedures regarding absences and tardiness.
Provides adequate notice with respect to vacation time and time-off
requests. Initiative and Enthusiasm: Maintains an enthusiastic,
self-reliant and self-starting approach to meet job
responsibilities and accountabilities. Strives to anticipate work
to be done and initiates proper and acceptable direction for
completion of work with a minimum of supervision and instruction.
Judgment: Exercises analytical judgment in areas of responsibility.
Identifies problems or situations as they occur and specifies
decision objectives. Identifies or assists in identifying
alternative solutions to problems or situations. Implements
decisions in accordance with prescribed and effective policies and
procedures and with a minimum of errors. Seeks expert or
experienced advice and researches problems, situations and
alternatives before exercising judgment. Cooperation: Accepts
instruction and direction and strives to meet the goals and
objectives of same. Questions such instruction and direction when
clarification of results or consequences are justified, i.e., poor
communications, variance with County policy or procedures, etc.
Offers suggestions and recommendations to encourage and improve
cooperation between all staff persons and departments within the
County. Relationships with Others: Shares knowledge with
supervisors and staff for mutual and County benefit. Contributes to
maintaining high morale among all office employees. Develops and
maintains cooperative and courteous relationships with office
employees and managers in other departments, representatives from
organizations, and the general public so as to maintain good will
toward the County and project a good County image. Tactfully and
effectively handles requests, suggestions and complaints from other
departments and persons in order to maintain good will within the
County. Interacts effectively with fellow employees, Board of
Supervisors, professionals and the general public. Coordination of
Work: Plans and organizes daily work routine. Establishes
priorities for the completion . of work in accordance with sound
time-management methodology. Avoids duplication ofeffort. Estimates
expected time of completion of elements of work and establishes a
personal schedule accordingly. 10 Page 30 20. Attends meetings,
planning sessions and discussions on time. Implements work activity
in accordance with priorities and estimated schedules. Maintains a
calendar for meetings, deadlines and events. Safety and
Housekeeping: Adheres to all safety and housekeeping standards
established by the County and various regulatory agencies. Sees
that the standards are not violated. Maintains a clean and orderly
workplace. Planning: Plans, directs and uses information
effectively in order to enhance activities and production of the
office. Knows and understands the expectations of the County
regarding the activities of the office and works to see that these
expectations are met. Designs and formulates ways, means and timing
to achieve the goals and objectives of the office and the County.
Within the constraints of County policy, formulates the appropriate
strategy and tactics for achieving office objectives. Organizes,
arranges and allocates manpower. financial and other designated
resources in an efficient and effective way so as to achieve the
goals and objectives of the County and office. Organizing:
Organizes own work, as well as and that of subordinate staff.
Ensures that staff members know what results are expected of them
and that they are regularly and appropriately informed of all
County and office matters affecting them and/or of concern to them.
Staffing: Works with other department officials and management to
select and recommend employment of personnel who are qualified both
professionally and philosophically to meet the needs of the County
and the office. Directs the development and training of division
personnel in order to ensure that they are properly inducted,
oriented and trained. Leading: Provides a work environment which
encourages clear and open communications. Has a clear and
comprehensive understanding of the principles of effective
leadership and how such principles are to be applied. Provides
adequate feedback to staff so that. they know whether their
performance levels are satisfactory. Commends and rewards employees
fOJ outstanding performance yet does not hesitate to take
disciplinary action when necessary. Exercises enthusiasm in
influencing and guiding others toward the achievement of department
goals and objectives. Controlling: Provides a work environment
which is orderly and controlled. Coordinates audits and controls
manpower and financial resources effiCiently and effectively.
Coordinates, audits and controls the utilization .of materials and
equipment efficiently and effectively. Has a clear and
comprehensive understanding of County standards, methods and
procedures. Delegating: Assigns additional duties to staff as
necessary and/or appropriate in order to meet division goals,
enhance staff abilities, build confidence on the job and assist
staff members in personal growth. Has confidence in staff to meet
new or additional expectations. Decision-Making: Uses discretion
and judgment in developing and implementing courses of action
affecting the County. When a particular policy, procedure or
strategy does not appear to be achieving the desired result, moves
decisively and definitively to develop and implement alternatives..
Creativity: Regularly seeks new and improved methodologies,
policies and procedures for enhancing the effectiveness of the
County and the office. Employs imagination and creativity in the
application of duties and responsibilities. Is not adverse to
change. Human Relations: Strives to develop and maintain good
rapport withal! staff members. Listens to and considers suggestions
and complaints and responds appropriately. Maintains the respeCt
and loyalty of staff. Policy Implementation: Has a clear and
comprehensive understanding of County poliCies regarding the office
and County function. Adheres to those policies in the discharge of
duties and responsibilities and ensures the same from subordinate
staff. 11 Page 31 21. policy Formulation: Keeps abreast of changes
in operating philosophies and policies of the County and
continually reviews County policies in order to ensure that any
changes in County philosophy or practice are appropriately
incorporated. Also understands the relationship between operating
policies and practices and office morale and performance. Works to
see that established policies enhance same. 12 Page 32 22. AT A
MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA,
HELD ON TUESDAY, AUGUST 6, 2013, AT 7:00 P. M., AT THE COLONIAL
COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION
MADE BY ________________, AND SECONDED BY __________________, THE
FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Carter M.
Borden, ___ Ashley C. Chriscoe, ___ Christopher A. Hutson, ___
Andrew James, Jr., ___ John H. Northstein, ___ Robert J. Orth, ___
Louise D. Theberge, ___ RESOLUTION AUTHORIZING THE CHAIR TO ENDORSE
AN ADDENDUM TO THE EMPLOYMENT AGREEMENT WITH THE COUNTY
ADMINISTRATOR WHEREAS, on August 5, 2008, the Board of Supervisors
entered into an Employment Agreement with Brenda G. Garton, County
Administrator; and WHEREAS, on July 2, 2013, the Board of
Supervisors decided to modify that Employment Agreement to provide
the County Administrator a 5% salary parity adjustment in keeping
with the salary adjustments for other County employees; and
WHEREAS, agreed upon modifications of the Employment Agreement
requiring an addendum include changes to Section 5. Salary. NOW,
THEREFORE, BE IT RESOLVED that the Gloucester County Board of
Supervisors agrees to the modifications set forth in the attached
Addendum, and authorizes the Chair to endorse the Addendum to the
Employment Agreement with Brenda G. Garton, County Administrator. A
Copy Teste: ________________________ Brenda G. Garton County
Administrator Page 33 23. 1 ADDENDUM This ADDENDUM, made this __
day of __________, 2013, to the Employment Agreement (Agreement),
dated August 5, 2008, by and between the Board of Supervisors of
Gloucester County, Virginia, (Board) and Brenda G. Garton (County
Administrator). That in exchange for the mutual covenants and
obligations pursuant to both the Agreement and this Addendum, and
for other good and valuable consideration, the Board and the County
Administrator mutually agree that the Employment Agreement shall be
modified as follows: 1. Section 5. Salary shall be amended to
provide that the County Administrators annual salary shall be
increased by five percent (5%), effective July 1, 2013. In all
other respects, the Agreement shall remain in and of full force and
effect. IN WITNESS WHEREOF, the Board and the County Administrator
have executed this Addendum, in accordance with the authorization
of the Board of Supervisors on August 6, 2013.
__________________________________ Louise Theberge, Chair
Gloucester County Board of Supervisors
__________________________________ Brenda G. Garton County
Administrator Page 34 24. AT A MEETING OF THE BOARD OF SUPERVISORS
OF GLOUCESTER COUNTY, VIRGINIA, HELD ON TUESDAY, AUGUST 6, 2013, AT
7:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET,
GLOUCESTER, VIRGINIA: ON A MOTION MADE BY ________________, AND
SECONDED BY __________________, THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE FOLLOWING VOTE: Carter M. Borden, ___ Ashley C.
Chriscoe, ___ Christopher A. Hutson, ___ Andrew James, Jr., ___
John H. Northstein, ___ Robert J. Orth, ___ Louise D. Theberge, ___
RESOLUTION AUTHORIZING THE CHAIR TO ENDORSE AN ADDENDUM TO THE
EMPLOYMENT AGREEMENT WITH THE COUNTY ATTORNEY WHEREAS, on September
2, 2008, the Board of Supervisors entered into an Employment
Agreement with Edwin N. Wilmot, County Attorney; and WHEREAS, on
July 2, 2013, the Board of Supervisors decided to modify that
Employment Agreement to provide the County Attorney a 5% salary
parity adjustment in keeping with the salary adjustments for other
County employees; and WHEREAS, agreed upon modifications of the
Employment Agreement requiring an addendum include changes to
Section 5. Salary. NOW, THEREFORE, BE IT RESOLVED that the
Gloucester County Board of Supervisors agrees to the modifications
set forth in the attached Addendum, and authorizes the Chair to
endorse the Addendum to the Employment Agreement with Brenda G.
Garton, County Administrator. A Copy Teste:
________________________ Brenda G. Garton County Administrator Page
35 25. ADDENDUM This ADDENDUM, made this __ day of __________,
2013, to the Employment Agreement (Agreement), dated September 2,
2008, by and between the Board of Supervisors of Gloucester County,
Virginia, (Board) and Edwin N. Wilmot (County Attorney). That in
exchange for the mutual covenants and obligations pursuant to both
the Agreement and this Addendum, and for other good and valuable
consideration, the Board and the County Attorney mutually agree
that the Employment Agreement shall be modified as follows: 1.
Section 5. Salary shall be amended to provide that the County
Attorneys annual salary shall be increased by five percent (5%),
effective July 1, 2013. 2. Section 11. Retirement and Life
Insurance shall be modified to require that the County Attorney,
effective July 1, 2012, pay the five percent (5%) employees VRS
contribution share, formerly paid by the County, consistent with
Virginia Law. The Board and the County Attorney understand and
agree that although the County Attorney shall thereafter be paying
the five percent (5%) VRS employee contribution share, as will all
other County employees, the County Attorneys annual salary shall be
increased to compensate for this employee obligation, in a manner
consistent with adjustments made to the salaries of all other
County employees to off-set the employees having to pay the five
percent (5%) contribution formerly paid by the County. In all other
respects, the Agreement shall remain in and of full force and
effect. IN WITNESS WHEREOF, the Board and the County Attorney have
executed this Addendum, in accordance with the authorization of the
Board of Supervisors on August 6, 2013.
__________________________________ Louise Theberge, Chair
Gloucester County Board of Supervisors
__________________________________ Edwin N. Wilmot County Attorney
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