THIS AGREEMENT, is made and entered into this 10th day of Feb­ru­ary, 2009 by and between the COUNTY OF UNION, a body politic and cor­po­rate (the “Coun­ty”) and Ash­ley L. Roach, (the “Employ­ee”, and togeth­er with the Coun­ty, the “Par­ties”).

In con­sid­er­a­tion of the mutu­al promis­es, covenants and agree­ments here­in con­tained, intend­ing to be legal­ly bound, the Par­ties agree as follows:

1.  Employ­ment.  The Coun­ty here­by agrees to employ Employ­ee, and Employ­ee here­by agrees to serve, sub­ject to the pro­vi­sions of the Agree­ment, as an employ­ee of the Coun­ty in the posi­tion of Super­vi­sor of Gen­er­al Assis­tance.  Employ­ee will per­form all ser­vices and acts rea­son­ably nec­es­sary to ful­fill the duties and respon­si­bil­i­ties of the posi­tion of Super­vi­sor of Gen­er­al Assis­tance includ­ing, but not lim­it­ed to, the following:

a. receive and pay out monies raised by tax­es or allo­cat­ed by the State ofI Illi­nois and/or the Coun­ty for pub­lic aid purposes;

b.  pro­vide pub­lic aid to per­sons eli­gi­ble under Arti­cle VI of the Illi­nois Pub­lic Aid Code, 305 ILCS 5/1–1 et seq. (the “Code”);

c. keep such records and sub­mit annu­al­ly, and at such oth­er times as the Union Coun­ty Board of Com­mis­sion­ers (the “Board”) may require, reports relat­ing to the admin­is­tra­tion of pub­lic aid pro­grams as are the respon­si­bil­i­ty of the Coun­ty under the Code;

d.  sub­mit month­ly, or so often as the Illi­nois Depart­ment of Human Ser­vices (the “Depart­ment”) shall require, to the Depart­ment such reports and infor­ma­tion as the Depart­ment shall require.

2.  Term.  The term of this Agree­ment is the peri­od begin­ning on Feb­ru­ary 10, 2009, and run­ning through June 30, 2010 (the “Term”) or upon the date of ter­mi­na­tion of employ­ment pur­suant to this Sec­tion 2 of this Agreement.

Notwith­stand­ing any pro­vi­sion of this Agree­ment to the con­trary, the employ­ment of Employ­ee here­un­der will ter­mi­nate on the first to occur of the fol­low­ing events:

a. expi­ra­tion of the Term; or

b. res­ig­na­tion by the Employ­ee; or

c. six­ty (60) days after notice is pro­vid­ed by the Coun­ty to Employ­ee regard­ing non-renew­al of grant fund­ing from the State of Illi­nois for admin­is­tra­tion of a coun­ty gen­er­al assis­tance pro­gram; or

d. the date on which Employ­ee has engaged in con­duct that con­sti­tutes Cause (as defined below), and the Coun­ty gives notice of ter­mi­na­tion for Cause.

For pur­pos­es of this Agree­ment, “Cause” will mean the occur­rence of any of the fol­low­ing events, as rea­son­able deter­mined by the Board:

i. Employee’s will­ful and con­tin­ued refusal to sub­stan­tial­ly per­form her duties here­un­der; or

ii. Employee’s con­vic­tion of a felony, or her guilty plea to or entry of a nolo con­tendere plea to a felony charge; or

(iii) Employee’s breach of any mate­r­i­al term of this Agree­ment or the County’s writ­ten poli­cies and pro­ce­dures, as in effect from time to time; pro­vid­ed, how­ev­er, such ter­mi­na­tion for Cause will only be effec­tive if the con­duct con­sti­tut­ing Cause is not cured by Employ­ee with­in five (5) days of receipt by Employ­ee of writ­ten notice spec­i­fy­ing in rea­son­able detail the nature of the alleged breach.

3. Salary and Ben­e­fits.  Employ­ee shall be paid an annu­al salary of Twen­­ty-Eight Thou­sand Sev­en Hun­dred Eighty-Two Dol­lars ($28,782.00) payable in accor­dance with the County’s reg­u­lar pay­roll practices.

Employ­ee shall be reim­bursed by the Coun­ty for the use of the Employee’s per­son­al vehi­cle in per­form­ing her duties under this Agree­ment.  Reim­burse­ment shall be at the approved Inter­nal Rev­enue Ser­vice mileage rate effec­tive at the time of such use of the Employee’s per­son­al vehicle.

Employ­ee shall receive any and all insur­ance ben­e­fits, Social Secu­ri­ty ben­e­fits, and I.M.R.F. or oth­er retire­ment ben­e­fits as are pro­vid­ed to all oth­er Coun­ty employees.

4. Hours of Employ­ments.  Employ­ee shall be required to devote a suf­fi­cient num­ber of hours per week to sat­is­fac­to­ri­ly per­form her duties as described here­in; pro­vid­ed, how­ev­er, Employ­ee shall work, or oth­er­wise account for, a min­i­mum of thir­­ty-five (35) hours per week.

5. Vaca­tion, Sick Leave and Hol­i­days.  Employ­ee shall be enti­tled to ten (10) days of vaca­tion per year dur­ing the Term.  Employ­ee shall be allowed to car­ry over unused vaca­tion time for one (1) year.  All unused vaca­tion time not used dur­ing the fol­low­ing year shall for­ev­er be forfeited.

Employ­ee shall receive sick leave at the rate of one (1) day per month, or twelve (12) days per year.  A max­i­mum of two hun­dred forty (240) days may be accu­mu­lat­ed by an employ­ee to be used at time of retire­ment for ser­vice cred­it, nine­ty (90) days of which may be paid upon res­ig­na­tion or retire­ment if not used for I.M.R.F. ser­vice credit.

Employ­ee shall receive the same rec­og­nized hol­i­days as oth­er Coun­ty employ­ees who are not cov­ered by col­lec­tive bar­gain­ing agree­ments with the County.

6. Coun­ty Board Meet­ings.  Employ­ee shall attend meet­ings of the Board as sched­uled and request­ed by the Board.

7. Audit of Accounts.  All Union Coun­ty Office of Gen­er­al Assis­tance funds and accounts are sub­ject to being audit­ed in the same man­ner as all otherUnion­Coun­ty funds.

8. Amend­ment, Mod­i­fi­ca­tion and Waiv­er.  No pro­vi­sion of this Agree­ment may be amend­ed or waived unless such amend­ment or waiv­er is agreed to in writ­ing, signed by Employ­ee and by the Chair­man of the Board.  The fail­ure of either par­ty to this Agree­ment to enforce any of its terms, pro­vi­sions or covenants will not be con­strued as a waiv­er of the same or of the right of such par­ty to enforce the same.  Waiv­er by either par­ty here­to of any breach or default by the oth­er par­ty of any term or pro­vi­sion of this Agree­ment will not oper­ate as a waiv­er of any oth­er breach or default.

9.  Sev­er­abil­i­ty.  In the event that any one or more of the pro­vi­sions of this Agree­ment will be held to be invalid, ille­gal or unen­force­able, the valid­i­ty, legal­i­ty and enforce­abil­i­ty of the remain­der of the Agree­ment will not in any way be affect­ed or impaired there­by.  More­over, if any one or more of the pro­vi­sions con­tained in this Agree­ment will be held to be exces­sive­ly broad as to dura­tion, activ­i­ty or sub­ject, such pro­vi­sions will be con­struct­ed by lim­it­ing and reduc­ing them so as to be enforce­able to the max­i­mum extent allowed by applic­a­ble law.

10. Sur­vivor­ship.  The respec­tive rights and oblig­a­tions of the par­ties here­un­der will sur­vive any ter­mi­na­tion of this Agree­ment to the extent nec­es­sary for the intend­ed preser­va­tion of such rights and obligations.

11. Each Par­ty the Drafter.  This Agree­ment and the pro­vi­sions con­tained in it will not be con­strued or inter­pret­ed for or against any par­ty to this Agree­ment because that par­ty draft­ed or caused that party’s legal rep­re­sen­ta­tive to draft any of its provisions.

12. Gov­ern­ing Law.  This Agree­ment will be gov­erned by and con­strued in accor­dance with the laws of the State of Illi­nois, with­out regard to its con­flicts of laws principles.

13. Head­ings.  All descrip­tive head­ings of sec­tions and para­graphs in this Agree­ment are intend­ed sole­ly for con­ve­nience, and no pro­vi­sion of this Agree­ment is to be con­strued by ref­er­ence to the head­ing of any sec­tion or paragraph.

14. Coun­ter­parts.  This Agree­ment may be exe­cut­ed in coun­ter­parts, each of which will be deemed an orig­i­nal, but all of which togeth­er will con­sti­tute one and the same instrument.

IN WITNESS WHEREOF, the par­ties here­to have exe­cut­ed this Agree­ment as of the date first writ­ten above.

 

COUNTY OF UNION,ILLINOIS                       EMPLOYEE

 

BY:     /s/ John Gar­ner                                    /s/ Ash­ley L. Roach

John Gar­ner, Chair­man                         Ash­ley L. Roach

Union Coun­ty Board of Commissioners