Title
Human Resources Department recommending the Board authorize the Chair to sign a Memorandum of Agreement between the County of El Dorado and Tiffany Schmid establishing the compensation, benefits, and other terms of employment for her employment as the Chief Administrative Officer.
FUNDING: General Fund.
Body
DISCUSSION/BACKGROUND
On June 27, 2023, with Legistar file 23-1255, the County of El Dorado (County) Board of Supervisors appointed Tiffany Schmid as Chief Administrative Officer (CAO) of the County effective July 1, 2023. As part of this action, the County and CAO subsequently entered into an employment agreement pursuant to El Dorado County Ordinance Code section 2.13.025 (the “Original Agreement”), which set forth the compensation, benefits, and other terms of employment for CAO.
In furtherance of the County Charter's directive to "retain the best qualified officers and employees," the County and Ms. Schmid wish to modify some of the July 1, 2023 agreement and therefore create a new agreement that better aligns with the best interest of the County.
The primary changes between this contract and the existing contract are as follows:
(1) Changes the contract term of the Memorandum of Agreement to reflect a three year rolling term, which includes a severance equal to the lesser of:
(i) the base salary payable over the remaining term of the contract, or
(ii) 12 months' base salary, unless CAO is charged or convicted of commission of any felony or of any crime of moral turpitude or of any crime in the performance of, or related to, CAO's duties; or commits misfeasance or malfeasance in CAO's official duties; or is otherwise terminated for reasonable cause in accordance with County of El Dorado Personnel Rule 1503.
(2) In lieu of any contributions to deferred compensation plans provided for in the Salary & Benefits Resolution for Unrepresented Employees, the County shall instead contribute to the County’s 457 deferred compensation plan account for the CAO (or, upon the election of the CAO, a 401(a) deferred compensation plan account should one be established by the County) on an annual basis the maximum base elective deferral limit, as determined by the Internal Revenue Service (IRS) for that specific calendar year, not inclusive of any catch-up or other elective salary deferrals.
All other terms and conditions of the agreement are consistent with the Memorandum of Agreement dated July 1, 2023.
ALTERNATIVES
The Board could decline to authorize the Chair to sign the proposed Memorandum of Agreement, in which case the existing Memorandum of Agreement would remain in full force and effect. Additionally, the Board could authorize in open session other changes to the contract; however, those changes would be subject to negotiation with the CAO.
PRIOR BOARD ACTION
06/27/2023 Legistar file 23-1255
OTHER DEPARTENT / AGENCY INVOLVEMENT
Board of Supervisors
County Counsel
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
The cost of the position is included in the Fiscal Year 2024-25 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Following Board approval, the Clerk of the Board will forward three fully executed originals of the Memorandum of Agreement to Human Resources for distribution and administration.
STRATEGIC PLAN COMPONENT
N/A
CONTACT:
Joseph Carruesco, Director of Human Resources