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BOARD OF COMMISSIONERS Special Meeting August 10, 2021 11:00 AM AGENDA I. Call to Order II. Pledge of Allegiance and Salute to State Flag III. Approval of Special Meeting Agenda IV. Public Input During this portion of our meeting, we welcome your suggestions and want to hear your concerns. This is not a question and answer period; speakers will be limited to five (5) minutes. Any individual who would like to discuss an item in more depth may request to be placed on a future agenda. Request forms are available in the County Manager's Office. V. Executive Session in Accordance with NMSA 1978 10151 (H)(2) a. Limited Personnel Matter Regarding County Manager Contract Negotiations Pursuant to NMSA 1978 10151 (H)(2) b. Limited Personnel Matter Regarding Detention Center Administrator, Pursuant to NMSA 1978 10151 (H)(2) VI. Any Action Necessary as a Result of Closed Executive Session c. Consideration of Agreement No. A2127; County Manager Contract VII. Commissioners' Reports VIII.Adjournment Special Meeting - August 10, 2021 - Page 1 of 7

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11:00 AM
III. Approval of Special Meeting Agenda
IV. Public Input
During this portion of our meeting, we welcome your suggestions and want to hear your concerns. This is not a question and answer period speakers will be limited to five (5) minutes. Any individual who would like to discuss an item in more depth may request to be placed on a future agenda. Request forms are available in the County Manager's Office.
V. Executive Session in Accordance with NMSA 1978 10­15­1 (H)(2)
a. Limited Personnel Matter Regarding County Manager Contract Negotiations Pursuant to NMSA 1978 10­15­1 (H)(2)
b. Limited Personnel Matter Regarding Detention Center Administrator, Pursuant to NMSA 1978 10­15­1 (H)(2)
VI. Any Action Necessary as a Result of Closed Executive Session
c. Consideration of Agreement No. A­21­27 County Manager Contract
VII. Commissioners' Reports
STATE OF NEW MEXICO
EMPLOYMENT CONTRACT FOR COUNTY MANAGER
THIS AGREEMENT is made between Tim Zamora, hereinafter also referred to as the "County Manager," and the Grant County Board of County Commissioners hereinafter also referred to as the "BCC," is made and entered into in Grant County, New Mexico on this 10th day of August, 2021. The effective date of this Agreement shall be August 11, 2021.
RECITALS
WHEREAS the BCC desires to hire a County Manager to serve as the Chief Administrative Officer of the County Government of Grant County, New Mexico and is so authorized under New Mexico law; and,
WHEREAS the BCC desires to retain Tim Zamora in the position of County Manager; and,
WHEREAS the BCC and Tim Zamora desire to commit to writing their agreement and understanding with respect to his employment as County Manager.
NOW THEREFORE, the parties hereby agree as follows:
A. EMPLOYMENT:
The BCC hereby employs and hires Tim Zamora as its County Manager and he hereby accepts and agrees to such hiring and employment, subject to the general supervision and direction of the members of the Grant County Commission and specific provisions of New Mexico state law.
For purposes of the Grant County Employee Manual, the County Manager shall be treated as a regular, fulltime employee, with the exception of the terms outlined herein, including at-will employment status.
The Coimty Manager is a contractual position with no due process and/or grievance rights. Either party may terminate this employment relationship at any time with or without cause.
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B. DUTIES AND AUTHORITY:
The BCC agrees to employ Tim Zamora as the County Manager to perform the functions and duties assigned to him pursuant to the terms herein or to the reasonable satisfaction of the BCC, and to perform such other legally permissible and proper duties and functions as authorized and directed by the BCC.
The County Manager agrees that he will at all times, to the best of his ability, experience and talents, perform all the duties that are assigned to him pursuant to the express terms herein or to the reasonable satisfaction of the BCC. The County Manager agrees to consult and gain approval of the BCC regarding matters of policy and the BCC agrees that the County Manager will conduct the administrative and executive duties of the County pursuant to applicable law and policy. The County Manager will consult with the County Attorney regarding legal matters affecting the County. The County shall defend and indemnify the County Manager from and against all claims or causes of action brought against him arising in connection with the scope duties under this Agreement.
C. TERM OF EMPLOYMENT:
The initial term of this Agreement shall be two years beginning on August 10, 2021, and shall terminate on August 10, 2023. At the expiration of the initial term and subject to approval of the BCC, the Agreement may be renewed one additional year until August 10, 2024. To the extent possible, the termination date of this Agreement shall remain coincident with the end of the County’s fiscal year. The County Manager is not eligible for the grievance process in the event of non-renewal.
D. COMPENSATION:
The BCC shall pay the County Manager a starting salary of $108,000.00 for the first year of this agreement. In addition, the County Manager may earn up to a maximum of $12,000 per year pursuant to the performance financial incentive model, provided in Section (H) PERFORMANCE EVALUATION in this Agreement.
The BCC shall reimburse the County Manager for all necessary expenses incurred by the Coimty Manager while traveling outside of Grant County pursuant to County business, provided that all such reimbursements shall be made in accordance with the provisions of applicable state laws, regulations, and county policy.
E. VEHICLE ALLOWANCE:
The BCC agrees to pay the County Manager, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $1,200 per year as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a personal vehicle. The vehicle allowance shall be paid in equal payments on a monthly basis or on another schedule as determined by the Director of Fiscal Services. The vehicle allowance
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shall be adjusted annually, in July, by the percentage change in the standard mileage reimbursement rate established by the IRS during the prior year. The County Manager shall be responsible for paying for insurance coverage upon such vehicle and shall further be responsible for gas, oil, and all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The BCC shall reimburse the County Manager at the established mileage rate for any business use of the vehicle beyond Grant Coimty.
F. FRINGE BENEFITS:
The County Manager shall be entitled to the same fringe benefits, including dental and health insurance, deferred compensation and retirement, and any other fringe benefits that may be adopted during the term of this contract, as any other County employee and 100% of the monthly payment for these benefits will be paid by the BCC, subject to the following exceptions:
1) The County Manager will be entitled to a minimum of 160 hours of paid annual leave per year, prorated per month by the payroll department. Manager will provide reasonable notice to the BCC prior to taking annual leave.
2) The County Manager shall also be permitted to use any accrued sick leave as annual leave.
3) The County Manager shall have access to a bank of 30 sick days to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which long term disability coverage takes effect and may be renewed after each occurrence.
4) The BCC agrees to pay 75% of the County Manager's personal contributions to PERA.
G. GENERAL BUSINESS EXPENSES
1) The BCC agrees to pay for professional dues and subscriptions of the County Manager necessary for full participation in national, regional, state and local associations and organizations necessary for the County Manager's continued professional growth and advancement, and for the good of the County.
2) The BCC agrees to pay for travel and related expenses of the County Manager for professional and official travel, meetings, and occasions to adequately continue the professional development of the County Manager and to pursue necessary official functions for Grant Coimty that may include but not limited to NACO regional and national conference. ICMA Annual Conference, NMC and other groups and committees in which Grant County serves as a member.
3) The BCC agrees to pay all tuition, fees, and book expenses for up to one college-level course per semester, providing that the course is related to the duties of the County
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Manager. If the County Manager withdraws from or fails to pass a course, he agrees to refund to the county all costs associated with that course.
4) Professional development expenses that exceed $250 per event, requires overnight travel or an absence from the office for more than one day, are subject to advanced approval of the BCC.
5) The BCC acknowledges the value of having the County Manager participate in local civic clubs and organizations. Accordingly, the BCC agrees to pay for the reasonable membership fees and/or dues to enable the County Manager to become a member in local/regional civic clubs and organizations.
6) Sections 1 through 5 of Section G above will be subject to annual appropriations and applicable Grant County policies. The Director of Fiscal Services is authorized to disburse such moneys upon receipt of duly executed expense, receipts or statements, submitted in accordance with related county policies.
H. PERFORMANCE EVALUATION
The BCC shall annually review the performance of the County Manager. The criteria for the performance evaluation shall include the duties set forth by statute, including NMSA 1978, Sections 4-38-19 and 3-14-14 (2004), as amended. The evaluation process shall include the opportimity for the parties to meet and discuss the County’s goals and the Manager’s performance. The first meeting shall occur no later than September 10, 2021, then on or about August 3rd each subsequent year, to discuss the BCC annual goals for the County Manager to implement on behalf of the BCC. Annual goals are to be challenging, reasonable, measurable, and achievable, and shall serve as additional criteria for the performance evaluation. Annual goals shall be agreed upon, in writing, within two weeks of the parties’ first meeting each year. A midpoint review of the County Manager’s performance will be conducted on or about December 3rd of each year, and the final performance evaluation on or about June 3rd of each year. The performance evaluation is the basis for the County Manager pay-for-performance financial incentive referenced in Section (D) COMPENSATION.
I. HOURS OF WORK
It is expected that the County Manager will work during normal County office hours at the Grant County Administration Center in Silver City, New Mexico. However, it is recognized that the Coimty Manager must devote a great deal of time outside those normal office hours on business for Grant County. Accordingly, and to that end, the County Manager may establish his own work schedule, subject to reasonable direction by the BCC. The County Manager is not eligible for overtime or paid compensatory hours.
J. OUTSIDE ACTIVITIES
The employment provided for by this Agreement shall be the County Manager’s sole employment. Recognizing that certain outside consulting or teaching opportunities
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provide indirect benefits to Grant County, the County Manager may elect to accept limited teaching or consulting opportunities as long as such arrangements do not interfere with or cause a conflict of interest with the County Manager’s responsibilities pursuant to this Agreement. The County Manager shall inform the County Commission when he obtains any teaching or consulting opportunities to ensure that there no conflicts of interest or conflicts with time commitments.
K. TERMINATION/SEVERANCE:
The Coimty may terminate the County Manager at any time during this contract, with or without cause. The County Manager will not be eligible for the grievance process in the event of termination. In the event of termination without cause, the County Manager shall receive a lump sum payment equal to the balance of this contract or one (1) month’s salary whichever is less, including all accrued annual leave and half of the accrued sick leave. In addition, the County shall pay all insurance premiums for existing coverage for an additional three months (6 pay periods) after the effective date of termination. The balance of the contract or one (1) month’s salary and all accrued annual leave will be paid in a lump sum within ten (10) working days of the last day of employment. In the event the Coimty Manager is terminated for cause, there will be no severance paid. For "cause" shall be defined as fraud, embezzlement, felonious behavior, willful unauthorized disclosure of confidential information, dereliction of duty, violations of the Government Conduct Act, or other serious misuse of the position.
In the event the County Manager voluntarily resigns his position with the County, he will forego the stipulations of the preceding paragraph and will be eligible only for payment of his accrued salary, and benefits. The County Manager will give a minimum of sixty (60) days written notice in advance of such resignation, unless the parties agree otherwise.
L. MODIFICATION:
No waiver or modification of this Agreement or of any condition of limitation herein contained will be valid unless in writing and duly executed by the BCC and the County Manager.
M. SEVERABILITY:
If any of the provisions in this Agreement are declared illegal, void or unenforceable, the remaining provisions will not be affected and will remain in full force and effect.
N. ASSIGNMENT:
The County Manager may not assign any right accruing under or interest arising from this agreement, in part or in whole, without the express written consent of the Coimty. In the event of any assignment, the assignee will assume all obligations and liabilities of the County Manager.
O. PERIODIC REVIEW:
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The parties agree to meet, confer, and review the terms of this contract on an annual basis, beginning on or about June, 2022.
P. ENTIRE AGREEMENT:
The terms of this contract shall be effective on August 11, 2021, following execution of the parties. The paragraphs contained in this contract for County Manager services is the entire employment agreement between the parties and any and all other prior negotiations, statements, contracts, agreements, understandings, conditions or requirements expressed or implied, are hereby superseded and have no further effect.
Q. APPLICABLE LAW:
This contract shall be governed by the laws of the State of New Mexico.
IN WITNESS WHEREOF, the undersigned do hereby execute this agreement on the day of August 10, 2021.
Tim Zamfcr^ County Manager
Gerald W. Billings, Jr., Coj District 4 o
isioner
Attest:
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Meeting Agenda