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MEMORANDUM June 26,2013 Page 2 ( • The current contract form provides that the County Attorney's salary shall be increased by any cost-of-living increases granted to other county employees. This language was changed slightly in section 5 to state that the increase will not take effect earlier than six months after the initial commencement date or a subsequent anniversary date of the County Attorney's contract. This was done to avoid the situation where the Board and the County Attorney agree° on an initial or renewal year salary, and other county employees receive an increase shortly thereafter. Without the change, the County Attorney's salary would automatically increase shortly after it had just been agreed upon. With the change, it would not increase for at least six months. • The current contract form is silent with respect to the process for annual renewal. The new proposed form states in section 7 that the County Attorney will bring his/her contract to the BCC for renewal no later than 30 days prior to the expiration of the then-existing term. • The current contract form contains a mixture of discipline and termination for cause provisions in sections 3 and 8. These were combined and simplified in section 8 of the new proposed form. New Section 8 also recognizes that in a contract which (a) may be terminated by either party for any reason upon 30 days notice, and (b) does not provide severance or other termination benefits, the concept of termination for cause does not carry the same significance as it might in other contracts where longer notice periods and severance/termination benefits are at stake. The new proposed form allows for immediate termination for cause, with the right to an appeal hearing before the BCC if the County Attorney disagrees. However, if the County Attorney requests an appeal hearing and prevails, the only consequence is that he/she will be paid for the 30 day period that would have been required in a termination without cause. • Additional "standard" contract provisions were added in sections 10 through 16. Mr. Polackwich has reviewed the new proposed contract form with the new County Attorney Reingold, and Mr. Reingold is agreeable to the changes. Copies of the new proposed contract form, as well as the current contract form (for comparison) are attached. RECOMMENDATION County Attorney Polackwich recommends that the Board review and approve the new proposed contract form, and that the Board and new County Attorney Reingold adopt and sign the new contract form in place of the existing contract approved on June 4, 2013. ATTACHMENTS New Proposed County Attorney Employment Agreement Existing County Attorney Employment Agreement 65