HomeMy Public PortalAbout024 Town Attorneys Employment ContractCOUNCIL MEETING October 23, 2012
MOTION 2012 -024
I move to approve the Town Attorney's employment Contract
EMPLOYMENT CONTRACT
BETWEEN
THE COUNCIL OF THE TOWN OF LEESBURG, VIRGINIA
AND
JEANETTE A. IRBY
This employment contract ( "this contract ") executed in duplicate original and made and entered
into as of the October %3, 2012 by and between the Council of the Town of Leesburg, Virginia
( "the Council "), and Jeanette A. Irby ( "the Town Attorney ").
RECITALS
A. The Council desires to provide the Town Attorney with a written employment
contract in order to foster and promote harmonious relations between the Council and the
Town Attorney.
B. The Council and the Town Attorney wish to establish the basic terms and conditions
upon which the Council has agreed to appoint her the Town Attorney and upon which she
has agreed to accept such appointment.
NOW, THEREFORE, the Council and the Town Attorney, in consideration of the premises and
the mutual undertaking of the parties agree as follows:
AGREEMENT
1. Term: The Town Attorney shall serve at the pleasure of the Council. The Town Manager
shall supervise the Town Attorney and be responsible for her annual performance evaluation.
2. Duties: The Town Attorney shall provide legal advice to Town Council and Town Manager
of the Town under the direction of the Town Council and Town Manager, and perform all duties
incident to the office of the Town Attorney as outlined in the Town Charter, Town Code, and
applicable laws of the Commonwealth of Virginia. The Town Attorney should attend meetings
of the Town Council, Planning Commission, and B.A.R. as required by the Town Code and
ensure that appropriate support and coverage is provided if needed. Further, the Town Attorney
shall report to Council on no less than a quarterly basis the status of legal matters with respect to
the Town.
3. Outside Employment: The Town Attorney agrees to remain in the exclusive employment of
the Town while serving under this agreement, and shall devote full time attention to the
representation of the Town and the protection of its legal interests. The term "employment"
should not be construed to include occasional teaching, writing, pro bono, or consulting services
not constituting the practice of law performed on the Town Attorney's time off.
4. Professional Growth of the Town Attorney: The Council encourages the continuing
professional growth of the Town Attorney through her participation in:
a. The operations, programs, and other activities conducted or sponsored by the Town.
b. Seminars and courses offered by public or private institutions.
c. Informational meetings with individuals or organizations whose particular skills or
background would serve to improve the capacity of the Town Attorney to perform her
professional responsibilities for the Council.
Accordingly, the Council will pay for the Town Attorney's dues and participation in
a reasonable number of professional organizations. The Town shall permit a reasonable amount
of release time for the Town Attorney to participate in these organizations. In addition, as
approved by the Council, the Town Attorney will be eligible to receive a reasonable amount of
release time, necessary fees for travel and subsistence and membership expenses to attend and /or
participate in activities previously described in this section.
5. Salary. The Council shall pay the Town Attorney at an annual salary rate of
$140,000.00. This annual salary rate shall be paid to the Town Attorney on the same basis as
other regular full -time Town employees. The Council agrees to increase the compensation of the
Town Attorney each February 1, commencing 2014 contingent upon the results of the annual
performance evaluation conducted under the provisions of Section 12 of this contract. The
Council will provide a cost -of- living and other salary adjustments equivalent to that approved
and provided to all other employees of the Town as approved by the Council in the annual
budget, and previous adjustments that have been made.
6. Leave and Benefits. Unless modified by mutual agreement of the Council and Town
Attorney:
a. Annual, Sick and Catastrophic Illness Leave. The Council agrees to deposit into the
Town Attorney's leave account on the effective date of this employment contract twenty
(20) days of annual leave and twelve (12) days of sick leave. On each anniversary of the
effective date of the employment contract, the Council agrees to increase the deposit into
the annual leave account over the original twenty (20) days by one day annually up to a
maximum of twenty -six (26) days and continue to deposit twelve (12) days of sick leave.
Vacation leave is cumulative to a maximum of two times the annual accrual rate. Leave
in excess of the maximum amount allowed shall not be credited to the Town Attorney's
account. In addition, the Council agrees to provide the Town Attorney with no less than
ninety (90) days of catastrophic leave should such a need arise for same.
b. Standard Employee Benefits. The Town Attorney shall be eligible for and receive
all personal and fringe benefits accorded to regular full -time employees which such
employees now receive or may receive in the future with the exception that the Town
Attorney shall not be eligible to earn compensatory leave and /or overtime.
7. No Reduction of Benefits - The Council shall not at any time during the term of this
agreement reduce the salary, compensation or other financial benefits of the Town Attorney,
except to the degree of such a reduction across - the -board for all Town employees.
8. Termination of Contract by the Council - The Town Attorney shall be removable at the
pleasure of the Council in accordance with the 1950 -Code of Virginia, as amended, and in such
-2-
event this contract shall be terminated.
9. Termination of Contract by the Town Attorney - If the Town Attorney desires to terminate
this contract she must give ninety (90) days written notice of her intention to resign.
10. Termination of Contract by Mutual Agreement - The Council and the Town Attorney
may mutually agree to terminate this contract and establish an effective date of termination.
11. Termination Pay and Benefits - This section shall govern compensation to the Town
Attorney upon termination of her employment pursuant to Sections 8 and 10. In the event of a
termination whereby severance is to be paid the Town Attorney agrees to release the Town from
all further claims and /or liability.
a. If the Town Attorney's contract is terminated by Mutual Agreement (Section 10) or by
the Council (Section 8) for any reason other than as specified in subsection B, the
following shall apply: The Town Attorney shall be entitled to receive nine (9) months of
termination pay which shall consist of salary and the right to continue for six (6) months
health and all other insurance benefits as if she were still an employee.
b. If the Council terminates the Town Attorney for willful and malicious refusal (1) to
comply with a clear legal directive of the Council or (2) to obey applicable statutes,
personnel policies, ordinances and regulation, then the Town Attorney shall not be
entitled to any termination pay or the right to continue employee benefits but shall be
entitled to be paid for all unused annual leave.
c. If the Town Attorney's contract is terminated by the Town Attorney (Section 9), then
the Town Attorney shall not be entitled to any termination pay or the right to continue
employee benefits but shall be entitled to be paid for all unused annual leave.
12. Evaluation - The Council delegates to the Town Manager, the authority to conduct the
annual performance evaluation of the Town Attorney with the input and involvement of the
Town Council. Evaluation factors and performance measures will be determined mutually by
the Town Council and the Town Manager. Bonuses, frequency and amounts paid, if any, will be
determined by the Council. Forty -five days (45) prior to February 1, the Town Attorney shall
provide an annual report of accomplishments, and activities for the Town Council and the Town
Manager. Salary adjustments shall be determined by either the Town Manager or Council as
appropriate.
13. Indemnification - Notwithstanding any provision of the Town Indemnification Resolution
to the contrary, the Council shall provide for the defense of any claim for legal proceeding
against the Town Attorney arising out of any action on her part in furtherance of her duties as
Town Attorney and shall pay the costs of any settlement or judgment in connection therewith.
Such indemnification shall not apply to any act in violation of criminal law.
14. Savings clause - If, during the term of this contract it is found that a specific provision of the
contract is illegal under federal or state law, the remainder of the contract not affected by such a
finding shall remain in force.
-3-
16. Effective date - This contract shall take effect on October Z32012.
THIS CONTRACT INCORPORATES BY REFERENCE ALL APPLICABLE
STATUTES, ORDINANCES, RULES, REGULATIONS AND POLICIES OF THE
TOWN OF LEESBURG AND THE COMMONWEALTH OF VIRGINIA.
WITNESS, the following seals and signatures. Dated this 3 ( day of October 2012.
The Town Council of Leesburg, Virginia
� ►1�,_ �i: __ _ � X11 ► -.� � � �Cv: ,
(seal)
J anette A. Irby
-4-