Meeting Type: BCC Regular Meeting
Meeting Date: 4/16/2019
Item Status: New
From: Commissioner James E. Ball, District 1
Ronald J. Cink, Budget Director
Submitted by: Anu Gary, Administration/Records Manager
______________________________________________________________________
ITEM TITLE
Title
Appointed Contract Employees - Clerk/Treasurer - Considerations Related to Employment Contract
Body
STAFF RECOMMENDATION
Recommendation
Discussion - Employment Contract between the Baldwin County Commission and Kimberly Witherington Creech applicable to the position of Clerk/Treasurer.
End
BACKGROUND INFORMATION
Previous Commission action/date: January 15, 2019
Background: During the January 15, 2019, BCC Regular Meeting, the Commission approved the employment contract for Kimberly Witherington Creech, for the position of Clerk Treasurer, as follows:
Related to the Employment Contracts between the Baldwin County Commission and the Appointed Contract Employees, authorize and approve the execution of a new Employment Contract between the Baldwin County Commission and Kimberly Witherington Creech applicable to the position of Clerk/Treasurer at an annual compensation of $120,000.00. This contract will be effective on January 15, 2019.
In accordance with Ala. Code Section 45-2-120.12 (1975), as amended, and the terms of the present Employment Contract between the Baldwin County Commission and Kimberly Witherington Creech, the Baldwin County Commission hereby cancels any previous Employment Contract between the Baldwin County Commission and Kimberly Witherington Creech.
GENERAL BACKGROUND ON APPOINTED POSITIONS:
According to local legislation applicable to Baldwin County, a certain and limited number of Baldwin County Commission administrative positions shall be appointed contract employees. Section 45-2-120.12 of the Code of Alabama (1975) reads, in part, as follows:
One appointed employee position may be filled by the judge of probate which position shall be designated chief clerk.
Two appointed employee positions may be filled by the revenue commissioner which positions shall be designated chief clerk of collections and chief appraiser.
Three appointed employee positions may be filled by the sheriff which positions shall be designated chief deputy, chief jailer, and chief of the civil division.
The following shall be appointed contract employees: county administrator, emergency management director, juvenile detention director, personnel director, building official,
clerk/treasurer, county engineer, development and environmental director, budget director, and communication and information systems director.
Each of the appointed contract employees shall be employed under contract with the commission. Each contract shall include at a minimum the following provisions:
1) A provision for termination and severance.
2) A job description for the position.
3) An annual written evaluation to be reviewed with the employee and retained by the commission in the employee's personnel file.
4) A provision that the contract will be nonbinding on the successor commission after each four-year election; however, the contracts must be cancelled or continued within 90 days of the successor commission taking office.
5) A provision that any appointed contract employee employed by the county commission may not be subject to any action to cancel or not to renew the contract or in any other manner dismiss or terminate the contract employee except by a three-fourths vote of the elected members of the county commission.
At this time, the County Commission wishes to discuss the Employment Contract for the position of Clerk/Treasurer.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration:
As directed by the Commission.
Additional instructions/notes: N/A