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 Page 36