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Home My WebLink AboutLegal Counsel Employment AgrmtEMPLOYMENT AGREEMENT THIS AGREEMENT dated this 1st day of September, 2008, is entered into, by and between DESCHUTES COUNTY, a political subdivision of the State of Oregon (herein "County") and Mark Pilliod, an individual (herein "Pilliod"). WITNESSETH: WHEREAS, Oregon Revised Statutes 203.145 authorizes the Board of Commissioners (herein "Board") to appoint an individual to fill a position as Legal Counsel with the same civil authority and responsibilities as are otherwise provided for the district attorney when acing as advisor to the board and county officers and to serve at the pleasure of the Board of Commissioners; and WHEREAS, Pilliod has since August 1, 2003 been the designated Legal Counsel for Deschutes County; and WHEREAS, the Board desires to continue to employ Pilliod and Pilliod desires to continue to be employed by County in the position of Legal Counsel; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein it is agreed as follows: 1. TERM County acknowledges that since August 1, 2003 it has appointed Pilliod as Legal Counsel for Deschutes County. This agreement will remain in effect until terminated by the County or Pilliod as provided in Section 6 of this agreement. 2. SALARY A. Upon the signing of this agreement, County shall pay Pilliod an annual salary of $122,122 (base compensation), payable in installments consistent with County policy, and will pay applicable required amounts to FICA, Workers' Compensation and Public Employee Retirement Systems (PERS), including the six (6%) percent employee contribution to the Individual Account Program. B. County shall provide Pilliod with life insurance, health (vision, dental and medical) benefits, long-term disability insurance, retirement contributions.. longevity pay and all other benefits consistent with those provided to County Department Heads. C. The Board may modify the salary and benefits payable to Pilliod at any time upon mutual written consent, but will meet with Pilliod annually for performance evaluation commencing in August 2009. D. The base compensation will be adjusted as follows: Pilliod - Employment Agreement - 1 DC 2O08•556 a. following satisfactory performance evaluation, by not less than the amount which is the next step in the range, adjusted by any cost of living increases approved by the Board for County Department Heads. Currently the base compensation range is $122,000 to $142,000 with five steps of $4000 each; and b. based upon cost of living adjustment consistent with the adjustment, if any, extended to County Department Heads by the Board. E. County shall contribute an amount equal to 2% of Pilliod's base compensation to a 457b deferred compensation plan offered by County to its employees. Such contribution shall be made in installments, consistent with periodic pay periods. On the anniversary of this agreement following satisfactory performance evaluation such amount shall be increased to 3% in 2009 and 4% in 2010. F. County shall reimburse PiIliad for use of a cell phone for County business in accordance with County policies. 3. CAR USE Pilliod will receive a car allowance of $0 per month. Travel expenses will be paid by the County pursuant to County policy. 4. PROFESSIONAL DUES AND CONFERENCES It is beneficial to County to encourage Pilliod's continued professional participation, growth and advancement. Thus County will pay costs associated with membership in the Oregon State Bar Association, the International Municipal Lawyers Association and the Oregon County Counsels Association. 5. VACATION/SICK LEAVE Pilliod shall accrue time management (combined sick, vacation, bereavement etc.) leave at the same rate as all County management employees. 6. TERMINATION This Agreement may be terminated by one or more of the following methods: A. By mutual consent of the parties. B. By Pilliod's death or incapacity preventing him from continuing his employment. If termination occurs in this manner, Pilliod or his estate shall be entitled to ninety (90) days additional salary. C. If Pilliod should (a) be convicted of a felony or a misdemeanor involving fraud, dishonesty or moral turpitude; (b) have violated the County's policies Pilliod - Employment Agreement - 2 regarding harassment, discrimination or prevention of violence in the workplace; (c) willfully provide false information to the Board of Commissioners; (d) fail or refuse to undertake a legal and ethical Board directive falling within the duties of county legal counsel; or (e) be found by the Oregon State Bar Association to have acted with deliberate misfeasance or malfeasance in the execution of professional responsibilities, the County may terminate him immediately and no severance will be paid. D. Pilliod may terminate this Agreement at any time upon ninety (90) days written notice to the Board of Commissioners. If Pilliod terminates this agreement, no severance will be paid. E. Pilliod serves at the pleasure of the Board of Commissioners and as such the County may terminate Pilliod at any time without cause. In such circumstance, Pilliod shall be entitled to severance pay as described in Section 7. As used in this Subsection E termination without cause occurs when: a. County reduces Pilliod's base compensation or any other financial benefit in an amount or at a rate greater than the amount or rate of reduction applied to County Department Heads, then upon the effective date of such change or thereafter within 90 days, Pilliod may declare such action a termination without cause; b. Pilliod resigns following an offer to accept resignation, whether formal or informal, by County acting through the Board, that Pilliod resign and the circumstances described in Subsections A to D of this Section do not apply; c. The Board votes to terminate Pilliod's employment at a duly authorized public meeting and the provisions of Subsections A to D of this Section do not apply. 7. SEVERANCE PAY A. Severance pay shall be an amount equal to nine (9) months of compensation under Pilliod's then current base compensation. County shall continue to provide (or cover the cost of) enrollment in the life insurance plan, and health benefits (pursuant to the Consolidated Omnibus Budget Reconciliation Act, "COBRA") for up to nine (9) months from the date of termination. B. Pilliod may, at his option, receive severance pay in a lump sum or at regular pay period intervals not to exceed nine months, based on income tax considerations, in exchange for a waiver and release of any claims for interest paid on any unpaid lump sum. 8. ASSIGNMENT Pilliod - Employment Agreement - 3 It is expressly agreed and understood by and between the parties that this Agreement is personal in nature by providing for the personal service of Pilliod and as such this Agreement or any provision herein may not be assigned by Pilliod to any other. 9. ENTIRE AGREEMENT This Agreement represents the entire Agreement between County and Pilliod. No modification of this Agreement is valid unless it is in writing and signed by the parties. It is expressly agreed and understood by both parties that Pilliod, acting in the position of County Legal Counsel, serves at the pleasure of the Deschutes County Board of Commissioners. As such, the only rights of Pilliod regarding the maintenance of his position as County Legal Counsel are as set forth and agreed to by the parties herein. 10. SEVERABILITY Should any provision or provisions of this Agreement be construed by a court of competent jurisdiction to be void, invalid or unenforceable, such construction shall affect only the provision or provisions so construed, and shall not affect, impair or invailidate any of the other provisions of this Agreement which shall remain in full force and effect. 11. BINDING EFFECT All terms, provisions and conditions of this Agreement shall be binding upon anci inure to the benefit of the parties and to their respective heirs, executors, administrators, agents, representatives, successors and assigns. Mark Pilliod BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON DENNIS R. LUKE, CHAIR TAMMY BANEY, VICE CHAIR ATTEST: Recording Secretary MICHAEL M. DALY, COMMISSIONER Pilliod - Employment Agreement - 4 APPROVED AS TO FORM: Legal Counsel Pilliod - Employment Agreement - 5