Butte County Board of Supervisors Agenda Transmittal

Transcription

1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 4.05 Subject: Appointment of Bill Bridgnell, LS, as the County Surveyor Department: Public Works Meeting Date Requested: April 10, 2018 Contact: Dennis Schmidt Phone: (530) Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). The Department of Public Works recommends the Board of Supervisors adopt a resolution appointing Bill Bridgnell County Surveyor for a term of four years. While the Surveyor has existed as a County Officer since the County Charter was established, the classification of County Surveyor is a new, at-will position created to allow the Board of Supervisors be the appointing authority for the County Surveyor in accordance with the County Charter and State laws. The Department has always had a California Land Surveyor performing the functions of the County Surveyor as required by law. The Department also recommends the Board of Supervisors adopt a resolution amending the Salary Ordinance to add the position and approve the employment agreement with Bill Bridgnell for the County Surveyor position. Bill Bridgnell has been employed by Butte County since December 2004, and became licensed as a California Land Surveyor in November In August 2007, Bill Bridgnell was assigned to the position of Deputy County Surveyor by the Department and has performed the duties of the County Surveyor position since that time. As Deputy County Surveyor, Bill Bridgnell has gained the respect of his peers in the local surveying community as well as his co-workers in the Department of Public Works. Fiscal Impact: This appointment will result in an additional cost to the County General Fund of approximately $11,968 per year. Sufficient funds are included in the current FY budget appropriation for this additional cost. The Department's requested budget for FY includes revenue from the Survey Monument Fund for a portion of the costs related to the County Surveyor since the position will perform functions for the Fund. Personnel Impact: The appointment will result in the creation of a County Surveyor position effective April 21, 2018, and the decrease of one Surveyor, Senior position to be brought back at a future Board of Supervisors meeting for action. Action Requested: 1. Adopt a resolution appointing Bill Bridgnell County Surveyor and authorize the Chair to sign; 2. Adopt a resolution amending the Salary Ordinance; and 3. Approve employment agreement for the position of County Surveyor and authorize the Chair to sign. Administrative Office Review: Casey Hatcher, Economic and Community Development Manager

2 Department of Public Works Dennis Schmidt, Director Radley Ott, Assistant Director 7 County Center Drive T: Oroville, California F: buttecounty.net/publicworks MEMORANDUM DATE: April 10, 2018 TO: FROM: RE: Butte County Board of Supervisors Dennis Schmidt, Director of Public Works Appointment of Bill Bridgnell as the County Surveyor Summary The Department of Public Works recommends appointment of Bill Bridgnell to the position of County Surveyor for a term of four years. The County Surveyor is a new, atwill position created to meet the requirements of the County Charter and State laws related to the County Surveyor. The Department recommends the Board of Supervisors adopt a resolution amending the Salary Ordinance to add the position and approve the employment agreement with Bill Bridgnell for the County Surveyor position. Background California law, Government Code 27550, outlines requirements for the County Surveyor including the requirement for the County Surveyor to be a California Land Surveyor. Article IV of the Butte County Charter provides that the County Surveyor will be a County Officer appointed by the Board of Supervisors for a term not exceeding four years. The County Road Commissioner and County Surveyor offices were consolidated in the County Charter until 2002 when the Charter was amended and the positions were separated. County Code listed the County Surveyor and the Road Commissioner as a single function performed by the Director of the Department of Public Works, and the Code was amended to separate the functions to match the Charter in August The Department of Human Resources created an at-will County Surveyor classification in 2018 in order to allow for the appointment of a California Land Surveyor separate from the Director of Public Works. The County Surveyor is responsible for reviewing and approving all Parcel and Subdivision maps, Lot Line Adjustments, Mergers, Record of Surveys and Corner Records, along with maintaining the historical survey documents for the County. Civil Engineers who received their license prior to 1982 were also California Land Surveyors and authorized to practice land surveying, so for many years the Director of Public works

3 was licensed to function as both the Road Commissioner and the County Surveyor. The Director of Public Works has not been operating as the County Surveyor since 1995 because the appointed Directors were not California Land Surveyor. The Board of Supervisors adopted Resolution appointing Deputy Director of Public Works, Stuart Edell, LS, to the position of Deputy County Surveyor on June 27, The Department of Public Works assigned Bill Bridgnell, LS, to the function of Deputy County Surveyor after Mr. Edell s retirement in The Department has always had a California Land Surveyor performing the functions of the County Surveyor as required by law, and this action is being recommended to allow the Board of Supervisors to appoint this County Officer in accordance with the County Charter. Discussion The Department recommends the Board of Supervisors adopt a resolution appointing Bill Bridgnell County Surveyor to meet the requirements of the County Charter and State law. Bill Bridgnell has been employed by Butte County since December 2004, and became licensed as a California Land Surveyor in November In August 2007, Bill was assigned to the position of Deputy County Surveyor and has performed many of the duties of the County Surveyor position since that time. As Deputy County Surveyor, Bill has gained the respect of his peers in the local surveying community as well as his coworkers in the Department of Public Works. The Department recommends the Board of Supervisors approve a 4-year employment agreement for County Surveyor with Bill Bridgnell. The term of the agreement is April 21, 2018 through April 21, The agreement includes a provision for Mr. Bridgnell to be reinstated to his former position of Surveyor, Senior if he is removed as the County Surveyor. It is the intention of the Department for future agreement for the County Surveyor to remove the provision for reinstatement. The salary range for the position is $80,037 to $108,597. The agreement places Mr. Bridgnell at Step 7 with a salary of $108,597, which is an $11,128 annual increase from his current salary of $97,496 in his position as Surveyor, Senior. The agreement also includes a cell phone allowance of $70 per month. As County Surveyor, Mr. Bridnell will have additional responsibilities, including implementing survey monument replacement efforts utilizing the Butte County Monument Perseveration Fund, as well as representing all aspects of the Survey Division of Butte County Public Works. In order to appoint Mr. Bridgnell to the position of County Surveyor, the position must be added to the Salary Ordinance. The proposed resolution to amend the Salary Ordinance adds the position of County Surveyor. The resulting vacancy will be deleted at a future Board Meeting. Requested Actions

4 1. Adopt a resolution appointing Bill Bridgnell County Surveyor and authorize the Chair to sign; 2. Adopt a resolution amending the Salary Ordinance; and 3. Approve employment agreement for the position of County Surveyor and authorize the Chair to sign.

5 Resolution No. RESOLUTION APPOINTING BILL BRIDGNELL TO THE POSITION OF COUNTY SURVEYOR AND WITHDRAWING THE APPOINTMENT OF STU EDELL AS DEPUTY COUNTY SURVEYOR. WHEREAS, THE State of California regulates the practice of Land Surveying, through the Business and Professions Code, Section 8700 to 8805 (The Professional Land Surveyors Act); and WHEREAS, THE State of California requires that County Surveyors be California Licensed Land Surveyors; and WHEREAS, Article IV, Sections 1, 3 and 5 of the Butte County Charter provides that the County Surveyor will be a County Officer, appointed by the Board of Supervisors for term not exceeding four years; and WHEREAS, Bill Bridgnell is a California Licensed Surveyor, No. 8096; and WHEREAS, Bill Bridgnell was assigned to the position of Deputy County Surveyor in August, 2007; and WHEREAS, Bill Bridgnell has been serving the County in the position of Surveyor, Senior, and reserves the right to revert to that position during the first term of this employment contract; and WHEREAS, Stuart Edell was appointed to the position of Deputy County Surveyor by Resolution 95 93; and WHEREAS, Stuart Edell has since retired from Public Works, and it is appropriate to withdraw his appointment as Deputy County Surveyor; and NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby 1. Rescinds Resolution and all amendments and replaces it by this resolution; and 2. Appoints Bill Bridgnell to the position of County Surveyor effective April 21, vote: PASSED AND ADOPTED by the Butte County Board of Supervisors this 10 th day of April, 2018, by the following AYES: NOES: ABSENT: NOT VOTING: ATTEST: Shari McCracken, Interim Chief Administrative Officer And Clerk of the Board of Supervisors Steve Lambert, Chair Butte County Board of Supervisors By: Deputy

6 RESOLUTION AMENDING ORDINANCE NO OF THE COUNTY OF BUTTE, KNOWN AS THE SALARY ORDINANCE Resolution No. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Butte hereby amends Section 29 Reference C of Ordinance No of the County of Butte entitled Appointed Officials with Bi Weekly Range Assignments by adding there to the following: Section 29 Reference C (Effective April 21, 2018) Class Code Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step County Surveyor $3, $3, $3, $3, $3, $3, $4, NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Butte hereby amends Section 22 of Ordinance No of the County of Butte entitled 530 Public Works by adding there to the following: Position Class Code Classification County Surveyor Thereby increasing the total allocations by one (1) PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 10 th day of April, 2018, by the following vote: AYES: NOES: ABSENT: NOT VOTING: ATTEST: Steve Lambert, Chair Butte County Board of Supervisors Shari McCracken, Interim Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy

7 EMPLOYMENT CONTRACT FOR BUTTE COUNTY SURVEYOR WILLIAM BRIDGNELL The County of Butte, hereinafter referred to as EMPLOYER, by and through its duly elected and acting Board of Supervisors, located at 25 County Center Drive, Oroville, California, and William Bridgnell, hereinafter referred to as EMPLOYEE, in consideration of the mutual promises made herein, agree as follows: ARTICLE 1. TERM OF EMPLOYMENT Specific Period Section EMPLOYER hereby appoints EMPLOYEE and EMPLOYEE hereby accepts employment with EMPLOYER for a period of four (4) years, beginning on April 21, 2018 and terminating on April 21, "Employment Term" Defined Section As used herein, the phrase "employment term" refers to the entire period of employment of EMPLOYEE by EMPLOYER hereunder, whether for the periods provided above, terminated earlier as hereinafter provided, or extended by mutual agreement between EMPLOYER and EMPLOYEE. Contract Renewal Section The above notwithstanding, EMPLOYER may negotiate with EMPLOYEE a renewal of EMPLOYEE S contractual relationship with EMPLOYER, or give written notice of EMPLOYER S intention not to renew, not later than 45 days prior to EMPLOYEE'S contract expiration date. In no event shall EMPLOYEE'S contract expire sooner than 45 days after EMPLOYER S written notice to EMPLOYEE of its intention not to renew. ARTICLE 2. DUTIES AND OBLIGATIONS OF EMPLOYEE General Duties Section EMPLOYEE shall serve as the Board appointed County Surveyor (Attachment 1), and in this capacity EMPLOYEE shall do and perform all services, acts or things necessary or advisable to manage and conduct the business of EMPLOYER, subject at all times to the policies set by EMPLOYER, and in accordance with applicable law. This position manages the administrative and operational activities related to Surveying within the Butte County Public Works Department. Loyal and Conscientious Performance of Duties Section EMPLOYEE agrees that to the best of his ability and experience he will at all times loyally and conscientiously perform all of the duties and obligations required of him either expressly or implicitly by the terms of this agreement. Devotion of Entire Time to Employer's Business Section (a) EMPLOYEE shall devote his entire productive time, ability and attention to the business of EMPLOYER during normal working hours during the term of this agreement. (b) During the term of this agreement, EMPLOYEE shall not engage in any other business duties or pursuits whatsoever. Furthermore, during the term of this agreement, EMPLOYEE 1

8 shall not, whether directly or indirectly, render any services of a commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior written consent of EMPLOYER. However, the expenditure of reasonable amounts of time for education, charitable or professional activities shall not be deemed a breach of this agreement if those activities do not materially interfere with the services required under this agreement, and shall not require the prior written consent of EMPLOYER. (c) This agreement shall not be interpreted to prohibit EMPLOYEE from making passive personal investments, or conducting private business affairs if those activities do not materially interfere with the services required under this agreement. Competitive Activities Section During the term of this contract EMPLOYEE shall not, directly or indirectly, either as an employee, employer, officer, director, or in any other individual or representative capacity, engage or participate in any business that is in any manner in competition or conflict with the business of EMPLOYER. Uniqueness of Employee's Services Section EMPLOYEE hereby represents and agrees that the services to be performed under the terms of this contract are of a special, unique, unusual, and extraordinary nature, and the intellectual character that gives them a peculiar value cannot be reasonably or adequately compensated in damages in an action at law. EMPLOYEE therefore expressly agrees that EMPLOYER, in addition to any other rights or remedies which they may possess, shall be entitled to injunctive and other equitable relief to prevent or remedy a breach of this contract by EMPLOYEE. Avoidance of Impropriety Section EMPLOYEE acknowledges and understands that the position of County Surveyor carries with it great public trust and responsibility. Accordingly, the duties of that position must be undertaken in a manner, which not only avoids those acts of an inappropriate or illegal nature but also those actions, which carry with them the appearance of impropriety. Therefore, in accordance with that goal, EMPLOYEE agrees to make full disclosure to, and obtain the approval of, the EMPLOYER prior to entering into negotiations, or contracting for, any supplies, computer software, equipment (including computer hardware), work, professional services, or any other item or service, from any individual related to EMPLOYEE by blood, marriage, or domestic partnership or from any entity wherein any owner, partner, majority or controlling stockholder, or employee is related to EMPLOYEE by blood, marriage, or domestic partnership. ARTICLE 3. OBLIGATIONS OF EMPLOYER General Description Section EMPLOYER shall provide EMPLOYEE with the compensation, incentives, benefits, and expense reimbursement specified elsewhere in this agreement. Office and Staff Section EMPLOYER shall provide EMPLOYEE with a private office, secretarial or clerical help, office equipment and supplies, and other facilities and services, suitable to EMPLOYEE'S position and adequate for the performance of his duties subject to availability of funds in the budget of EMPLOYER. 2

9 Indemnification of Losses of Employee Section EMPLOYER shall indemnify EMPLOYEE for all losses sustained by EMPLOYEE as a direct consequence of the discharge of his duties on EMPLOYER S behalf. Performance Evaluation Section EMPLOYEE shall receive annual performance evaluations by the Public Works Director or designee. ARTICLE 4. COMPENSATION OF EMPLOYEE Annual Salary Section For the duration of this agreement, EMPLOYEE s annual salary range will be set at Range 66, to be defined in the Butte County Salary Ordinance and Position Allocation, Section 29, Salary Plan for Elected, Appointed Officials and Board of Supervisors Members, Class Code 4332, County Surveyor. The annual salary range of the position is $81, to $108,596.80, broken down in seven salary steps as detailed below. EMPLOYEE s initial annual salary will be set at $108, ($4, bi-weekly rate of Step 7 below). EMPLOYEE shall be paid at the same intervals and in the same manner as regular permanent Butte County employees. The base salary of the classification of County Surveyor will be increased on December 1, 2018 by three percent (3%). Salary Range Breakdown for County Surveyor Bi-Weekly Rates Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 $3, $3, $3, $3, $3, $3, $4, EMPLOYER may not increase EMPLOYEE s compensation above the maximum salary range defined by Section 4.01 above, and at no time may EMPLOYER reduce EMPLOYEE s salary to a Step below that established by Section 4.01 above. ARTICLE 5. EMPLOYEE BENEFITS Section EMPLOYEE shall be subject to and provided the benefits described in Exhibit A to this agreement. Other Benefits Section In addition to the benefits provided by Section 5.01, EMPLOYEE shall be entitled to the following: (a) Other Benefits. Should additional benefits be provided to all Butte County employees through an action taken by the Board of Supervisors, EMPLOYEE shall be entitled to receive those same additional benefits. (b) Normal and necessary expenses incurred while performing EMPLOYEE'S duties shall be reimbursed as provided by adopted Board of Supervisor's policy. (c) Expenses for professional associations and/or professional licenses required to maintain minimum job qualification necessary to fulfill EMPLOYEE S employment duties and responsibility will be paid for by EMPLOYER subject to budget appropriations. 3

10 ARTICLE 6. TERMINATION OF EMPLOYMENT At-Will Employment Section (a) Employment under this contract is At-Will and EMPLOYEE serves at the sole discretion of the EMPLOYER. The EMPLOYER reserves the right to terminate this agreement at any time. (b) EMPLOYER may at its option terminate this agreement by giving written notice of termination to EMPLOYEE without prejudice to any other remedy to which employer may be entitled either at law, in equity, or under this agreement. (c) The notice of termination required by this section shall not be required to specify the ground(s) for the termination and shall not be required to be supported by a statement of relevant facts. (d) Said termination shall be effective immediately. (e) Upon termination, EMPLOYEE shall not be entitled to severance pay or any other severance compensation. (f) This agreement shall be terminated upon the death of EMPLOYEE. (g) EMPLOYER reserves the right to terminate this agreement not less than three (3) months after EMPLOYEE suffers any physical or mental disability that would prevent the performance of his duties under this agreement. Such termination shall be effected by giving thirty (30) days written notice of termination to EMPLOYEE. (h) EMPLOYEE understands, acknowledges and agrees that he is not a member of the EMPLOYER s classified, competitive services and, therefore, is not covered by or subject to the provisions and protections of Sections 7.11 et seq. of the merit system and personnel rules. In particular, EMPLOYEE understands and acknowledges that in this position he is an at-will and at-pleasure employee of the EMPLOYER who may be terminated, disciplined or discharged at any time, with or without cause, and without any rights of appeal under the merit system and personnel rules. As an at-will, at-pleasure employee of the EMPLOYER, EMPLOYEE further understands, acknowledges and agrees that he has no property interest in employment regarding this position and is therefore entitled to no predisciplinary, pre-removal due process, and that he may be terminated at any time and for any reason, with or without cause, except as is otherwise specifically provided in this employment contract. (i) EMPLOYEE is aware of and agrees to the provisions of California Labor Code Section 2922, which provides: An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means employment for a period greater than one month. (j) EMPLOYEE understands and agrees that except as specifically provided in this agreement, he shall not be entitled to the rights, benefits and protections of the EMPLOYER s merit system and personnel rules and by execution of this agreement, EMPLOYEE hereby waives any term or provision of said ordinance. Termination by Employee Section EMPLOYEE may terminate his obligations under this agreement by giving EMPLOYER at least sixty (60) days notice in advance. EMPLOYER reserves the right to accept less than sixty (60) days notice. 4

11 Reinstatement to Former Position Section Upon a no cause termination or voluntary resignation of the County Surveyor position, EMPLOYEE shall revert to his former classified position of Senior, Surveyor at the rate of pay EMPLOYEE held prior to promotion to County Surveyor. Effect on Compensation Section In the event that this agreement is terminated, prior to the completion of the term of employment specified herein, EMPLOYEE shall be entitled to the compensation and benefits earned by and vested in him prior to the date of termination as provided for in this agreement, computed pro rata up to and including that date. EMPLOYEE shall be entitled to no further compensation as of the date of termination. Abuse of Office Provisions Section If EMPLOYEE is convicted of a crime involving an abuse of his office, EMPLOYEE shall fully reimburse EMPLOYER for any severance pay, paid leave salary disbursed pending an investigation, and/or legal criminal defense funds paid by EMPLOYER. The intent of this provision is to satisfy the requirements of California Government Code Sections and shall be interpreted consistently with those statutes. ARTICLE 7. GENERAL PROVISIONS Notices Section Any notices to be given by either party to the other shall be in writing and may be transmitted either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the EMPLOYER at Suite 200, 25 County Center Drive, Oroville, CA and to the EMPLOYEE at his home address as on file with the Butte County Department of Human Resources. Each party may change the address by written notice in accordance with this section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Entire Agreement Section This agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of EMPLOYEE by EMPLOYER, and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement, shall be valid or binding. Modifications Section Any modification of this agreement will be effective only if it is in writing signed by all parties. Effect of Waiver Section The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this agreement by the other party shall not be deemed a waiver of that term, 5

12 covenant, or condition, nor shall any waiver or relinquishment of any right or power for all or any other times. Partial Invalidity Section If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Law Governing Agreement and Forum Section This agreement shall be governed by and construed in accordance with the laws of the State of California and any action to enforce the terms of this agreement shall be brought and tried in the County of Butte. Personnel Rules Superseded Section The provisions of this agreement shall control and supersede the provisions of the Butte County Personnel Rules in the event that there is now, or is in the future, any inconsistency between this agreement and the Butte County Personnel Rules as extant or as may be amended hereafter. Sums Due Deceased Employee Section lf EMPLOYEE dies prior to the expiration of the term of his employment, any sums that may be due to him from EMPLOYER under this agreement as of the date of death shall be paid to the EMPLOYEE'S executors, administrators, heirs, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year last below written. Dated: EMPLOYEE:, William Bridgnell County Surveyor Dated: EMPLOYER:, Steve Lambert, Chair Butte County Board of Supervisors Dated: EMPLOYER:, Dennis Schmidt, Director Public Works 6

13 APPROVED AS TO FORM: BUTTE COUNTY COUNSEL BY: Dated: APPROVED AS TO FORM: BUTTE COUNTY AUDITOR BY: Dated: 7

14 EXHIBIT A EMPLOYEE BENEFITS Pursuant to Article 5-Employment Benefits, of the Employment Agreement between the County of Butte (EMPLOYER) and William Bridgnell (EMPLOYEE) for the position of County Surveyor, this Exhibit A, hereby incorporated into said agreement, further enumerates and defines the benefits, terms, and condition of employment provided by EMPLOYER to EMPLOYEE as follows: 1. Cell Phone Allowance At the option of EMPLOYEE and with the approval of EMPLOYER, providing appropriate funds have been budgeted, EMPLOYEE may opt to receive a monthly cell phone allowance of seventy dollars ($70.00) for use of a privately owned cell phone to conduct County business. 2. Travel Allowance and Mileage Reimbursement a. EMPLOYEE shall be reimbursed at the current Internal Revenue Service allowable rate for work related travel in his or her private vehicle outside of the County. EMPLOYEE who has a County assigned vehicle which is available for their use during non-business hours is not eligible for this reimbursement. b. Meal and Incidental Travel Expenses Reimbursement EMPLOYEE will comply with the County of Butte Travel Policy contained in the Personal Rules for reimbursement of meals and incidental expenses when traveling on County-related business. 3. Leaves 3.01 Transfer of Leave Balances from Classified Service Whereas EMPLOYEE was promoted from classified service to an at-will position, and there has been no break in service during this promotion, the EMPLOYEE will have all of his accrued leave balance from his classified service position, on record at the time of his appointment to the County Surveyor position, transferred to his new position. For purposes of this section EMPLOYEE s leave accrual rates will be calculated based on his original date of employment with the County of Butte that is December 4, Vacation Leave Accrual and Use EMPLOYEE shall accrue vacation leave according to the following schedule: Years of Continuous County Service Vacation Earned at the Rate of: days a year (120 hours) days a year (160 hours) days a year (200 hours) days a year (216 hours) EMPLOYEE. Vacation hour limits imposed by the County as per the Personnel Rules shall apply to 3.02(a) Vacation Payout Upon termination, EMPLOYEE shall be compensated for all unused vacation accrual and entitlement. 8

15 3.02(b) Vacation Buy Back EMPLOYEE shall have the option of requesting pay in lieu of time off for up to a maximum of 144 hours of vacation time each calendar year in increments of eight (8) hours. Such requests are subject to the approval of EMPLOYER, and availability of funds Administrative Leave EMPLOYEE shall receive administrative leave in lieu of being paid overtime. Administrative Leave in lieu of overtime shall be accumulated at a rate of 10 days per year ( hours per biweekly pay period) and shall be subject to administrative leave accrual limits as outlined in the Personnel Rules Sick Leave EMPLOYEE shall earn sick leave hour accruals at a rate of hours per biweekly pay period (ninety-six [96] hours per year). Sick leave may be accumulated without limit during a period of continuous employment. 3.04(a) Sick Leave Buy-Back Option On retirement or termination in good standing, if EMPLOYEE has on accrual more than two hundred and forty (240) hours of sick leave he may be compensated for that portion over two hundred and forty (240) hours at one-half (1/2) the normal rate of pay for EMPLOYEE up to a maximum of three thousand dollars ($3,000.00) Holiday Leave EMPLOYEE shall receive compensation for County Designated Holidays, as defined by the Personnel Rules or as designated by the President, Governor and Board of Supervisors, if EMPLOYEE is in a compensated status on the assigned workday immediately preceding, and immediately following, the designated holiday Bereavement Leave If EMPLOYEE believes it necessary to be absent from duty because of the death of a member of the individual's "immediate family" as defined in the Personnel Rules, EMPLOYEE may be absent for forty hours (40) with pay for each occasion. Any time used in this manner shall not be charged to sick leave or vacation, but shall be documented and recorded as bereavement leave. In the case of the death of individuals other than those defined as immediate family, approval for the use of bereavement leave shall be on a case-by-case basis at the sole discretion of the EMPLOYER Family Care and Medical Leave EMPLOYEE is eligible for Family Medical Leave, California Family Rights Leave, and /or Pregnancy Disability Leave as provided by law and as described in the Butte County Medical Leave Policy contained in the Personnel Rules. 4. Retirement 4.01 CalPERS Retirement Plan 9

16 EMPLOYEE is eligible to continue participation in the County retirement program as contracted through the California Public Employees' Retirement System ("CalPERS"). The retirement program is integrated with Social Security. Participation in the retirement plan shall be consistent with the requirements of the California Public Employees' Pension Reform Act of 2013 as it is currently enacted and as it is amended in the future, and its implementing regulations, referred to hereinafter collectively as "PEPRA". To the extent PEPRA conflicts with any provision of this contract, PEPRA will govern. a. New Members"- For purposes of this section "New Member" is defined by PEPRA to be any of the following (statutory reference is to the California Government Code): (1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date. (2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section (3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. For purposes of this subdivision, a change in employment between state entities or from one school employer to another shall not be considered as service with a new employer. If EMPLOYEE is a "New Members", as defined above, he is eligible to participate in the County retirement program as contracted through the California Public Employees' Retirement System ("CalPERS"). The retirement program is integrated with Social Security and the retirement benefit is based on the highest average annual compensation over a three-year period and the 2%@ 62 formula (2.7%@ 57 safety formula). b. Classic Members": For purposes of this section "Classic Member" is defined as a member who does not meet the definition of a "New Member" as defined by PEPRA. If EMPLOYEE is a "Classic Members", as defined above, he is eligible to participate in the County retirement program as contracted through the California Public Employees' Retirement System (CalPERS). The retirement program is integrated with Social Security and the retirement benefit is based on the highest single year of salary and on the 55 formula 50 or 2%@50 safety formula, depending on the job classification) Retirement Contribution Non-Safety Classifications "Classic Members": Non-safety employees will pay on a pre-tax basis seven percent (7%) of salary for the employee share of their CalPERS pension. "New Members": Non-safety employees shall pay an amount that is equal to one-half (1/2) the normal cost of their CalPERS pension, or the current contribution rate of similarly situated employees, whichever is greater Retirement Credit for Sick Leave The CalPERS contract allows unused accumulated sick leave to be converted to service time per the applicable provisions of the California Government Code. This option is available to all employees and limited, for those employees who do not use all of their accrued sick leave conversion option for sick leave buy-back or health plan coverage, to that portion of the sick leave not actually used for the selected option. 10

17 EMPLOYEE may, upon retirement from the County under CalPERS, use any sick leave accumulation not used as part of the calculated options for cash out or sick leave conversion as service time, an accordance with the CalPERS formula Deferred Income Plan EMPLOYEE may participate in an IRS Section 457 Deferred Compensation Plan up to the maximum allowed by the law. 5. INSURANCE 5.01 Unemployment Insurance Unemployment insurance is provided according to State law Health and Insurance (a) Health Plan EMPLOYEE shall be entitled to participate in the County-sponsored group Cafeteria Plan. Eligible employees enrolling in the program within sixty (60) days following their appointment will be covered subject to the contract limitation with the health plan carriers. Coverage shall commence when the employee is eligible for coverage under PERS rules and the health plan carriers' rules. Employees enrolling after the sixty (60) day enrollment period will be eligible for coverage on the first day of the month following a ninety (90) day waiting period, which will begin upon receipt of all necessary enrollment documents by the Human Resources Department, unless the employee can certify a qualifying loss of other coverage Description The Butte County Flexible Benefits Plan consisting of the Tax Deferred Medical Premium option, the Dependent Care Reimbursement option and the un-reimbursed Health Care Cost option, (hereafter "Cafeteria Plan") is available to EMPLOYEE. There will be two (2) participation levels, identified as Employee "A" and Employee "B" as per Section Once the selection is made, it will remain in force until the current calendar year end and when a selection is made during the following year's open enrollment period. The fee for a third party administrator will be paid by the County. The medical premium option (employee enrolled in health plan) will be the default option and remain in effect until and/or unless changed by the employee. The basic group term life insurance will continue to be provided at County expense and will not be part of the Cafeteria Plan Participation Levels Option A CORE PLAN If EMPLOYEE elects Option A to participate in the County sponsored medical plan he will receive the County health benefits flex contribution (as specified below) to be utilized to purchase his selected medical plan and cannot be cashed out. In the event that EMPLOYEE selects a medical plan that results in an excess County contribution, that excess contribution will be deemed a non-health flex contribution that may be taken as taxable income or applied to pre-tax dental, vision or other alternative approved benefits. Should EMPLOYEE decline County sponsored medical coverage, EMPLOYEE will receive a cash-in-lieu payment if EMPLOYEE complies with the requirements outlined in Option B below. 11

18 The County will pay to EMPLOYEE s Flexible Benefit Account the following amounts if EMPLOYEE elects Option A: Employee only $ Employee plus one $1, Family $1, The amounts above include the PEMHCA minimum, which is paid outside of the County s Section 125 Plan. EMPLOYEE, regardless of medical plan participation status, is eligible to enroll in the County's dental and/or vision programs. EMPLOYEE contributions for dental and vision will be deducted from EMPLOYEE S regular payroll on a pre-tax basis. If EMPLOYEE elects Option A he can also elect to participate in optional benefits. If EMPLOYEE has any surplus Flexible Benefit Account credits after making all elections required to participate in the health insurance, EMPLOYEE can use that surplus toward the Flexible Benefit Options. If EMPLOYEE wishes to participate in the optional benefits in the plan, with the exception of the cash back option, but do not have any surplus credits, EMPLOYEE can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections. Premium Holiday: In the event that a premium holiday is declared by the County s health plan administrator or provided in which health plan premiums are not required to be paid for a period of time, the following shall occur: a) The County shall retain ownership and sole rights to the County s monthly contributions, as stated above, for this period. b) EMPLOYEE shall not be required to contribute their portion of monthly premiums for this same period. Option B FLEXIBLE BENEFIT OPTIONS If EMPLOYEE declines County sponsored medical coverage and elects Option B, EMPLOYEE must provide the following in order to receive the cash-in-lieu: (1) proof that EMPLOYEE and all individuals for whom EMPLOYEE intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source of group health insurance (coverage not obtained in the individual market or through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) EMPLOYEE signs an attestation that EMPLOYEE and his tax family have or will have such minimum essential coverage for the opt-out period. EMPLOYEE must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the County will not in fact make payment if the County knows that EMPLOYEE or tax family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied Employees hired on or before December 31, 2013, will receive an employer flex credit contribution of one hundred eighty-six dollars and sixteen cents ($186.16) per pay period for "employees" who elect and satisfy the requirements outlined above for Option B. Employees hired on or after January 1, 2014, will receive an employer flex credit contribution to ninety- two dollars and thirty-one cents ($92.31) per pay period for employees who elect and satisfy the requirements outlined above for Option B. For purposes of the Option B benefit, EMPLOYEE s date of hire will be December 4, EMPLOYEE may elect a pre-tax deduction (through regular payroll or cash-in-lieu) to purchase any of the Flexible Benefit Options offered to other County employees. Should EMPLOYEE receive cashin-lieu that is not utilized for Flexible Benefit Options, the amount will be included as taxable income. 12

19 5.05 Administration (a) No benefits will be paid to EMPLOYEE under Option B until all requirements outlined in the Flexible Benefits-Option B section have been met. (b) Any money deposited in the Flexible Benefits Account of EMPLOYEE must be used during the plan year; otherwise, the remaining balance reverts to the County. Upon separation, the money will be disbursed in conformance with the rules and procedures explained to and authorized by EMPLOYEE at the time of his enrollment Retired Employee Options (for employees initially hired prior to January 1, 2010) For purposes of this section EMPLOYEE s date of hire will be December 4, Employees initially hired prior to January 1, 2010, who retire under the provisions of the County s retirement contract with CalPERS may continue to insure themselves and their eligible dependents for the health benefit portion of the health plan by advising the Director-Human Resources and advancing the full premium for health only coverage in a manner described by the Director-Human Resources. Employees with ten (10) years or more of cumulative service with Butte County who, upon termination, immediately retire under the provisions of the County s contract with CalPERS shall be edible for the health benefit only coverage for themselves (employee only) to Medicare Supplemental Qualifying Age. Under the following conditions, EMPLOYEE as a CalPERS member shall be entitled to twelve (12) months of reimbursable health premiums immediately following retirement. In addition, miscellaneous CalPERS members are permitted as an option to the sick leave buy-back plan specific in paragraph 3.03(a) above, one of the following choices: i. To receive one (1) month of reimbursable health only premium for each day (eight hours) of sick leave on accrual at the date of retirement; or ii. To receive one (1) month of reimbursable health only premium for each two and onehalf (2½ days) in excess of thirty (30) days accrued sick leave to cover both employee and spouse to Medicare Supplemental Qualifying Age; or iii. One (1) month of reimbursable health plan benefits (employee only) will be granted for each day of accrued sick leave until the sick leave credit is exhausted or the employee reaches Medicare Supplemental Qualifying Age; and one (1) month of reimbursable health plan benefits for each one and one-half (1 ½) days in excess of thirty (30) days accrued sick leave to cover employee s spouse until the sick leave credit is exhausted or spouse reaches Medicare Supplemental Qualifying Age. Enrollment of employee's spouse will be postponed until (a date to be determined), but only if the spouse is eligible for enrollment to the health plan, effective that date, pursuant to the Health Insurance Portability and Accountability Act (HIPAA). This election is irrevocable and will revert to employee only coverage if employee's spouse is not eligible for enrollment on the effective date cited above pursuant to HIPAA. The sick leave originally allocated for the coverage of the employee's spouse shall be forfeit if the employee's spouse is not enrolled in the health plan on the effective date cited above. Right to continuation of health coverage above is in addition to any rights the employee is entitled to under COBRA Disability Insurance a. EMPLOYEE shall be required to participate in the Disability Insurance Plan. Premiums will be paid totally by EMPLOYEE through payroll deduction. 13

20 b. The Disability Insurance Plan shall be integrated with the Count s sick leave plan and EMPLOYEE shall be allowed to use all accrued time available in addition to sick leave for each disability. 6. EMPLOYEE ASSISTANCE PROGRAM EMPLOYEE and eligible family members are entitled to participate in County s Employee Assistance Program in accordance with the terms of the agreement between the County and the vendor. 14

21 ATTACHMENT 1 JOB SPECIFICATION TITLE: County Surveyor JOB CODE: 4332 CREATED: 10/31/2017 FLSA: Exempt UPDATED: 2/15/2018 UNIT: At-Will Summary: Under general supervision, plans, organizes, manages, and coordinates the programmatic, administrative and operational activities related to Surveying within the Public Works Department; performs the duties of the County Surveyor as specified in the statutes of the State of California and in the Butte County Code. Distinguishing Characteristics: The County Surveyor is a single class position. The County Surveyor job class recognizes a position that provides full second-line, direct supervision to employees within a work section and assumes substantive and significant programmatic responsibility in a technical surveying field. This job class requires directing and reviewing the activities of other professional surveyors as well as providing the highest level of professional surveyor support to the Department. Reports to the Director or designee. Essential Job Functions: Essential functions, as defined under the Americans with Disabilities Act, may include any of the following tasks, knowledge, skills and other characteristics. The list that follows is not intended as a comprehensive list; it is intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed, and may be required to perform additional, position-specific tasks. Conduct the responsibilities of the duties carried out pursuant to Government Code et.seq. Serves as a Management Team member participating in the development and implementation of departmental policies, procedures, and programs. Plans, organizes, and manages the programmatic, administrative and operational activities within designated areas of responsibility; monitors and evaluates work in progress to ensure compliance with goals and policies. Participates in the identification and allocation of resources (fiscal, staffing, and materials); and contributes to the problem-solving, decision making, and planning activities of the Department. Recommends and implements section goals, objectives, and activities to be accomplished; directs and coordinates the implementation of strategies and plans. Establishes performance standards and methods for land surveying; develops and implements policies and procedures relating to the surveying and subdivision of real property. Provides professional and managerial resources to the Director, Management Team, other departments, and the public in a responsible and supportive manner. Represents the Department with organizations, local communities, special interest groups, businesses, customers, and the general public using principles of good customer service. Establishes and maintains open communications with other County Departments, multidisciplinary teams, and other governmental organizations; coordinates data, resources, and work products in support of productive and positive working relationships. 15

22 Directs, supervises, and participates in the development and administration of budgets; coordinates and directs the forecasting of funds needed; researches and analyzes funding resources and availability. Participates in the selection of staff; coordinates staff training; conducts performance evaluations; recommends discipline; implements discipline procedures as directed. Directs, practices, and is responsible for professional surveying activities. Answers questions and provides information to the public; investigates complaints and recommends corrective action as necessary to resolve complaints. Performs related duties as assigned. MINIMUM QUALIFICATIONS: Required Knowledge and Skills: Knowledge of principles and practices of surveying with specific knowledge and experience in the same area. Knowledge of principles and practices of management, leadership, motivation, team building and conflict resolution. Knowledge of organizational and management practices as applied to development, analysis, and evaluation of programs, policies and operational needs. Knowledge of principles and practices of budget preparation and administration. Knowledge of pertinent local, State and Federal rules, regulations and laws. Knowledge of modern office procedures, methods and computer equipment. Knowledge of principles and practices of research, analysis and management. Knowledge of principles of supervision, training and performance evaluations. Knowledge of principles and practices of work safety. Ability to organize, implement and direct activities of professional, technical, field, and office and clerical staff involved in assigned program operations/activities. Ability to, know and understand all aspects of assigned job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures. Ability to analyze budget and technical reports; interpret and evaluate staff reports; know laws regulations and codes; problem solve department related issues; and interpret County-wide and Departmental policies and procedures. Ability to direct and review the activities of Professional Surveyors. Ability to successfully develop, manage and monitor multiple budgets, programs and expenditures. Ability to develop and recommend policies and procedures related to assigned operations and for multi-disciplinary assignments. Ability to make presentations to governing Boards and community groups. Gain cooperation through discussion and persuasion. Ability to establish and maintain effective working relationships with those contacted in the course of work. Ability to communicate clearly and concisely, both orally and in writing. 16