Leelanau County Administrator Amended and Restated Employment Agreement
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT is entered into this
r[: day of March, 2025, by and between the County of Leelanau, State of Michigan, a municipal
corporation and political subdivision of the State of Michigan, with administrative offices located at the Government Center, Suttons Bay, Michigan, by its Board of Commissioners (hereinafter referred to as "Board" or "the Board of Commissioners") and James Dyer (hereinafter referred to as "Administrator" or "Employee"), both of whom agree as follows:
WITNESSETH:
WHEREAS, the Board desires to employ the services of a qualified person to serve as the County Administrator of the County of Leelanau; and
WHEREAS, the Employee desires to provide such services as County Administrator.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows:
Section 1. Employment. The Employee will be employed as the County Administrator of Leelanau County ("County") upon the express terms and conditions set out in this Agreement. It is expressly understood and agreed by the Board and the Employee that the employee shall be an "at will" employee of the Board, serving at the pleasure of the Board pursuant to MCL 46.11(o). Either the Employee or the Board may terminate this Agreement with or without cause as provided hereunder.
Section 2. Authority. All designation of authority of the County Administrator shall be derived from a delegation or an assignment in the sole discretion of the County Board of Commissioners.
Section 3. Duties.
The Employee shall perform all duties as required and directed by the Board including the functions and duties specified in the attached written job description (Appendix 1), as it now exists or may hereafter be amended by the Board, and to perform other legally permissible duties and functions as the Board shall from time-to-time assign.
Work Hours. It is understood and agreed by the parties that in order to perform the expectations of the Board of Commissioners under this Agreement the Employee shall devote
(1) whatever time and attention is necessary and (2) that the endeavor is expected to require at a minimum the full-time effort of at least forty (40) hours per week toward the discharge of the Employee's duties and responsibilities set forth in this Agreement. The parties understand that the employment is that of a salaried chief administrative executive officer and is subject to irregular work hours and demands.
The Employee shall serve as the chief administrative officer of the County for purposes of the Uniform Budgeting and Accounting Act, 1968 PA 2, as amended (MCL 141.421 et seq.).
Section 4.
The term of this Agreement shall commence on March 31, 2025, and continue through March 30, 2028. Each party will provide at least 90 calendar days prior written notice to the other party of their desire to continue the Agreement or allow it to terminate by operation of its terms.
Notwithstanding the provisions of this section or any other provision in this Agreement to the contrary, it is expressly understood and agreed by the Board and the Employee
that this Agreement is, at all times, subject to the Board's right and the Employee's right to termination of this Agreement as set forth in Section 8, below.
Section 5. Compensation.
The Employee shall remain in the exclusive employ of Leelanau County from the effective date of this Agreement, March 31, 2025, to March 30, 2028.
Salary. The Board agrees to pay the Employee, for all services rendered under this Agreement, the annual salary rate of $127,000.00 payable in biweekly payrolls and paid in the same manner as Elected Officials.
The Board may increase the salary and any other benefits of the Employee in such amounts and to such extent as the Board may determine that it is desirable to do so. The Board agrees to meet and discuss with the Employee annually potential salary adjustments.
Automobile Expense Reimbursement. It is recognized that the Employee must travel during and after normal office hours in the performance of County business. During such times as the Employee may be required to use his own vehicle, a monthly vehicle allowance stipend of $300 per month will be provided. Any travel beyond 50 miles from the Government Center is eligible for mileage reimbursement at the current IRS rate.
Vacation and Personal Leave.
The Employee shall have credited to his account twenty-five (25) days of vacation on March 31, 2025, and each year thereafter, if the Agreement is renewed, and may bank up to 50 days of vacation. Twelve (12) personal leave days will be credited to Employee's account on a use-it-or-lose-it basis for each 12 months of the Agreement.
No additional vacation or personal days leave shall be accrued or credited.
Health Plan. The Employee shall participate in Leelanau County's Health, Dental, and Optical Plans, to be paid by the County of Leelanau at the same rate paid to other County employees, including the option to receive pay-in-lieu of participation in Leelanau County
provided Health Plan on the same terms as other Leelanau County employees.
Life Insurance. The Employee shall be provided a Board paid term life insurance policy in the amount of $50,000.00 for the life of this Agreement.
Pension.
The Employee agrees he will not participate in the MERS retirement plan offered to other un-represented General Fund, non-law enforcement employees of the County and the County will process the necessary amendment( s) to the MERS plan documents to effectuate this provision..
Beginning in the month of April 2025 and calculated on a monthly basis thereafter for the duration of this Agreement, the County will pay a sum equal to nine percent (9.0%) of 1/12 (i.e. 1 month) of the Employee's gross annual salary to such retirement annuity as the Employee may select.
Section 6. Outside Employment. The Employee shall not engage in any employment or business outside this Agreement except as specifically approved in writing by the Board and under the following circumstances:
In the event the Employee is approved by the Board to engage in outside or supplemental employment, he shall:
Not engage in such activity during the Employee's regularly scheduled working hours.
Not use the name of the Board of Commissioners or Leelanau County as a credential in advertising or soliciting customers or clients.
Not use Leelanau County supplies, facilities, staff, or equipment in conjunction with any outside or supplemental employment or private practice.
Maintain a clear separation of outside or supplemental employment from activities performed for the Board of Commissioners.
Not cause any incompatibility, conflict of interest, or any possible appearance of conflict of interest, or any impairment of the independent and impartial performance of the Employee's duties.
The Board shall not be liable, either directly or indirectly, for any activities performed in conjunction with supplemental employment.
Section 7. Performance Goals/Evaluation.
The Board shall annually define written goals and performance objectives which it may determine necessary for the proper operation of Leelanau County and for the attainment of the Board of Commissioners' policy objectives and establish performance criteria by which to evaluate the Employee's ability to meet such goals and objectives. The Employee shall prepare a draft of goals and performance objectives for review and consideration and use by the Board of Commissioners.
Performance Evaluation. The Board of Commissioners, or its designated Committee, may complete a performance evaluation of the Employee 90 days prior to or at the end of 12 months of employment and thereafter at or about every 12 months or at the direction of the Board for the duration of the Agreement.
In the event that the Board concludes during any evaluations that the Employee's performance of duties is unsatisfactory in any respect, it may require the Employee to submit a specific corrective action plan to the Board for its review, modification and approval within 30 days of the date of the evaluation.
Section 8. Termination.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Board to terminate the services of the Employee at any time, with or without cause and with or without notice.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Leelanau County.
Section 9. Severance Pay.
In the event the Employee is terminated by the Board before expiration of the
aforesaid one (1) year term of employment and during such time the Employee is willing and
able to perform the duties of County Administrator, then the Board agrees to pay the Employee a lump sum cash payment equal to six (6) months of base compensation or the balance of the Agreement, whichever is less, plus the full value of any accumulated and unused personal leave, provided the Employee promptly signs and continues to honor a general waiver and release, in a form acceptable to the Board, of any and all claims against Leelanau County, its Board of Commissioners, and all of its officers, directors, employees and agents, to the extent that such claims relate in any way to the Employee's employment or its lawful termination. Severance pay shall decrease to three (3) months of compensation in potential future agreements, whichever is less, plus the value of annual unused personal leave balance in exchange for a full general waiver and release following the Employee's successful one year evaluation.
However, in the event the Employee's employment is terminated by the Board for just cause, then the Board shall have no obligation or liability to provide severance pay as designated in subsection A For purposes of this subsection, "just cause" shall include, but not be limited to, the following:
The Employee is convicted of a felony;
The Employee submits his resignation;
The Employee dies or is unable to perform the duties of his position by reason of disability for a period of six (6) months;
The Employee materially breaches the terms of this Agreement;
The Employee breaches his fiduciary duty to Leelanau County and the Board.
If the Board, at any time during the employment term, reduces the salary or other financial benefits of the Employee in a greater percentage than an applicable Budget driven across the-board reduction for all County employees, or if the Employee resigns following a
formal request by the Board that he resign, the Employee may, at his option, be deemed
"terminated" within the meaning and context of subsection A. above pertaining to severance pay.
If the Employee voluntarily resigns his employment with Leelanau County before expiration of the aforesaid term of employment, the Employee shall give the Board three (3) months' notice in advance. Failure to provide such notice will result in the immediate forfeiture of the Employee's accumulated and unused personal leave. No severance pay will be provided if the Employee voluntarily resigns, except as provided in subsection C.
Not later than ninety (90) days prior to the expiration ofthis Agreement, the Board Chair of the Board of Commissioners, or a person designated by the Board Chair, shall submit a recommendation to the full Board of Commissioners as to whether to renew this Agreement, after consultation with the Employee as to whether or not he wishes to renew this Agreement. The parties may agree to an alternate time frame, length of future employment agreements and compensation level if desired.
Section 10. Professional Development.
The Board agrees to budget and to pay the travel and subsistence expenses of the Employee for professional and official travel, meetings and occasions adequate to continue the professional development of the Employee and to adequately pursue necessary, official and other functions for the County, provided, however, that such travel and subsistence expenses paid on behalf of the Employee shall be consistent with general Leelanau County Policy and travel and subsistence expenses paid for other Leelanau County Departments.
The Board agrees to budget and pay for travel and subsistence expenses of the Employee for certification courses, institutes, seminars, and memberships that are necessary for his professional development and for the benefit of Leelanau County, provided, however, that
such travel and subsistence expenses paid on behalf of the Employee shall be consistent with general Leelanau County Policy and travel and subsistence expenses paid for other Leelanau
County Departments and be approved in the Annual Budget.
Section 11. General Expenses/Reimbursement. The Board recognizes that certain expenses on a non-personal job-affiliated nature are incurred by the Employee, and hereby agrees to reimburse or to pay said general expenses as incurred. The Finance Department is hereby authorized to disburse such monies, as budgeted in the Annual Budget, upon receipt of duly executed expense vouchers, receipts, or invoices submitted by the Employee. Such expenses include travel, lodging, etc. for County-related business, provided, however, that such reimbursement for expenses shall be consistent with general Leelanau County Policy and the reimbursement of such expenses in other Leelanau County Departments.
Section 12. Other Terms and Conditions of Employment. Unless the provisions of this Agreement provide otherwise, all provisions of Leelanau County Personnel Rules and Regulations and Rules of the County Board relating to holidays, fringe benefits and working conditions also shall apply to the Employee as they would to other unrepresented, FLSA exempt General Fund non-law enforcement employees of Leelanau County.
Section 13. General Provisions.
This Agreement constitutes and embodies the full, complete and actual intended understanding and agreement of the parties and supersedes all prior understandings, whether oral or written. No representation, promise, inducement, or statement of intention has been made by any party which is not embodied in the Agreement and no party shall be bound by or liable for any alleged misrepresentation, promise, inducement, or statement of intention so set forth.
This Agreement contemplates personal services by the Employee, and the Employee may not transfer or assign the Employee's rights or obligations under this Agreement.
No waiver by either party at any time of any breach or nonperformance of any term of this Agreement by the other party shall be deemed a waiver of any prior or subsequent breach
or nonperformance under the same or any other term of this Agreement.
This Agreement shall become effective on March 31, 2025, following the execution by all parties to this Agreement.
The Employee, as required by law, shall not discriminate against any person seeking services from the County or against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or matters directly or indirectly related to employment because of physical or mental disability that is unrelated to the individual's ability to perform the duties of a particular job or position, or because of race, color, height, weight, marital status, religion, national origin, age, or sex. Breach of this covenant may be regarded as a material breach of this Agreement and just cause for termination.
Modifications, amendments or waivers of any provisions of this Agreement may be made only by the written mutual consent of the parties hereto.
The provisions of this Agreement are independent of and separate and severable from each other. If any provision, or any portion thereof, contained in this Agreement is held to be invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall not be affected and shall remain in full force and effect.
This Agreement shall be construed and governed in accordance with the laws of the State of Michigan.
All previous contracts and agreements between the parties are terminated and neither party shall have any liabilities or obligations under the terms of any such prior contracts or agreements.
IN WITNESS WHEREOF, the County of Leelanau has caused this Agreement to be signed and executed on its behalf by its Chairperson, and duly attested by its County Clerk, and the Employee has signed and executed this Agreement.
