ST. MARY’S COUNTY 911 failure that cost the life of a baby – accountability update

  • Effective July 1st, 2013, Employee shall receive an annual compensation of One hundred twenty-one thousand six hundred thirty-four dollars ($121,634)

Bozo Board St. Mary’s Board of Commissioners – it’s all in their hands. Mike Hewitt, Tom Jarboe, Randy Guy, John O’Connor and Todd Morgan. 

ST. MARY’S COUNTY 911 failure that cost the life of a baby

Accountability Update:

Employment Contract Between
Information Technology & EMS
Director Robert Kelly

and the Board of St. Mary’s County Commissioners

UPDATE: Current salary of Information Tech & EMS Director Robert Kelly is $134,693.00
(scroll down for all department head and deputy director’s salaries)

THIS CONTRACT, made and entered into on May 8, 2013, by and between the County Commissioners for St. Mary’s County (hereinafter referred to as “Employer”) and Robert Kelly (hereinafter referred to as “Employee”).

WITNESSETH, that for and in consideration of the annual salary hereinafter set forth, Employer hereby employs the Employee as an FLSA-exempt employee in the capacity of Director,

Emergency Services and Technology, to perform duties as outlined in the position description, PD# 1355 now established or as modified from time to time, and such other duties or amendments as may be approved or directed by the Employer, under the terms and conditions set forth herein. Also be it known that the County Commissioners understand the dedication required to perform the duties of this position and that the employee is a valued member of the management team; and

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WHEREAS, Employer and Employee are desirous to enter into an employment contract

beginning at 12:01 a.m. May 8, 2013; and

WHEREAS, Employee shall be employed in the capacity of Director, Emergency Services, and Technology, and shall receive compensation as identified in Paragraph D below.

NOW, THEREFORE, Employee is willing to be employed by Employer, and Employer is willing to employ employee on the terms and conditions hereinafter set forth. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, Employer and Employee covenant and agree as follows:

  1. EMPLOYMENT. Employer employs Employee and Employee accepts employment on the terms and conditions set forth in this contract.
  2. EFFORTS. Employee agrees that Employee will at all times faithfully, industriously, and to the best of Employee’s ability, experience, and talents, perform all of the duties that may be required of and from Employee pursuant to the express and implicit terms hereof, to the reasonable satisfaction of Employer. Employee shall be employed on a full-time basis and work a regularly scheduled workweek consistent with both public availability and the department’s operational need.
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    TERM. This Contract shall commence on May 8, 2013, and shall continue in full force until terminated by the Employer or Employee as provided in Section J, K, or L of this agreement.

  4. COMPENSATION. Employer shall pay unto Employee an annual compensation of One hundred fifteen thousand one hundred eighteen dollars ($115,118), payable in equal bi-weekly installments. Effective July 1st, 2013, Employee shall receive an annual compensation of One hundred twenty-one thousand six hundred thirty-four dollars ($121,634). Employer shall also reimburse Employee for necessary and reasonable expenses incurred by Employee under the requirements and conditions as specified within the St. Mary’s County Manual of Personnel Policies and Procedures, as amended from time to time. Employer shall review Employee’ s compensation at least annually to include salary and benefits.
  5. BENEFITS. Except as otherwise provided herein, the Employee shall be entitled to benefits granted by the Employer which shall include, but are not limited to: equivalent merit step increases when specifically identified and approved by the Employer, all cost of living adjustments (COLAs) approved for merit employees, annual leave, personal leave, paid holidays, sick leave, health/life insurance, retirement benefits, and other benefits, as provided to other full time exempt, merit employees as specified in the St. Mary’ s County Manual of Personnel Policies and Procedures, as amended from time to time. The Employee shall not earn compensatory time. In the event of termination, the Employee shall be fully compensated for all accrued unused annual leave time. Employee’ s Entered on Duty date and annual and sick leave accrual date shall be and remain October 1, 2001. The Employee shall earn annual leave at the rate of (five) 5 weeks per year.

St. Mary’s County EMS Director Bob Kelly.

FAMILY AND MEDICAL LEAVE ACT. The Employee will be entitled to all rights associated with the Family and Medical Leave Act of 1993 and as outlined in the St. Mary’s County Manual of Personnel Policies and Procedures, as amended from time to time.

  1. SUPERVISION. The direct supervisor of the Director, Emergency Services, and Technology is the County Administrator or other such individual as designated by the County Administrator.
  2. OTHER RESTRICTIONS. Unless specified herein, Employee shall be restricted and governed by the same policies, procedures, conditions, and restrictions as are placed upon other full-time FLSA-exempt employees as contained within the St. Mary’s County Manual of Personnel Policies and Procedures.
  3. OUTSIDE EMPLOYMENT. Employee shall not, during the term hereof, be engaged in any other outside employment unless written permission of the Employer is first obtained. Employee shall be governed by the terms of the St. Mary’s County Public Ethics Law, as amended from time to time, and bound by all opinions and rulings of the St. Mary’s County Ethics Commission regarding the Employee.
  4. TERMINATION FOR CAUSE. This contract may be terminated at any time by the Employer for cause pursuant to the St. Mary’s County Manual of Personnel Policies and Procedures, as amended from time to time, notwithstanding any language in the St. Mary’s County Manual of Personnel Policies and Procedures, as amended from time to time, that says such a provision is not applicable to contract employees. If Employer discharges Employee “for cause,” Employer shall only be liable to pay Employee in accordance with the terms and conditions set forth for other full-time County FLSA-exempt employees, upon termination, within the St. Mary’s County Manual of Personnel Policies and Procedures, as amended from time to time. Such payment shall constitute full and final settlement of the Employee’s claim for compensation, benefits, or other demands against the Employer.
  5. RESIGNATION BY EMPLOYEE. Employee may resign at any time upon giving sixty (60) calendar days written notice to Employer, unless this requirement is waived by Employer in writing. Employer shall only be liable to pay Employee wages through the effective date of resignation. This payment shall constitute full and final settlement of the Employee’s claims for compensation, benefits, or other demands against the Employer, exclusive of payment for, if applicable, annual leave, compensatory time, earned salary, and any other benefit as received by other full-time County FLSA-exempt employees upon termination as specified within St. Mary’s County Manual of Personnel Policies and Procedures.
  6. TERMINATION WITHOUT CAUSE. Notwithstanding any other provision hereof, this contract may be terminated by the Employer without cause when the Employer deems it to be in its best interest. Upon such termination, Employee shall receive any earned salary, to include compensation for all accrued unused annual leave, as of the date of termination, plus a severance payment equal to six (6) months of the employee’s current salary. Such payment shall constitute full and final settlement of the Employee’s claim for compensation, benefits, or other demands against the Employer.
  7. SEVERABILITY. In the event any portion of this agreement is found to be unconstitutional, illegal, null or void, by a court of competent jurisdiction, e intent of the parties to sever only the invalid portion or provision, and that the remainder of the agreement shall be enforceable and valid, unless deletion of the invalid portion would produce a result inconsistent with the purpose and intent of the parties in entering into this agreement.
  8. ASSIGNABILITY. This is a personal services contract and is not assignable.
  9. MODIFICATIONS. No modifications or extensions of this agreement shall be valid unless the same shall be in writing and executed by all parties to this agreement.

 PRIOR AGREEMENTS. Employer and Employee acknowledge and agree that the terms and conditions of any and all other Employment Contracts entered into by the parties are hereby declared null and void and of no effect except as otherwise indicated herein. This contract contains the complete and final agreement concerning the employment arrangement between the parties and shall, as of the effective date hereinabove, supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to subject matter of this agreement or any representations except such representations as are specifically set forth herein and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this agreement. The parties hereto further acknowledge that representations that may have heretofore been made by either of them to the other are of no effect and that neither of them has relied thereon in connection with Employee or its dealing with the other or entering into this agreement.

  1. NO WAIVER. The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
  2. CHOICE OF LAW. It is the intention of the parties hereto that this agreement and the performance and all suits and special proceedings hereunder be construed in accordance with and pursuant to the laws of the State of Maryland and that in any action, special proceeding, or other proceeding that may be brought, the laws of the State of Maryland shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
  3. PARAGRAPH HEADINGS. The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.
  4. INCORPORATION OF RECITALS. The recitals are hereby incorporated herein as if restated and are deemed contractually binding by Employer and Employee.

Signed by Francis Jack Russell, St. Mary’s Commissioner President

and

Robert Kelly

Attest: Dr. Rebecca B. Bridgett

County Administrator

Attest: Susan L. Sabo

Director, Human Resources

Employee Name Position Title Annual Salary Hire Date

BRIDGETT, REBECCA B,  COUNTY ADMINISTRATOR, $174,250.00 4/15/2013

WEISKOPF, DAVID A  ACTING  COUNTY ATTORNEY $96,428.80 7/15/2008

GROEGER, JOHN J DEPUTY DIRECTOR, DPW & T $131,809.60 4/13/1998

WALKER, STEPHEN E DEPUTY DIRECTOR, EMERG SVCS $81,806.40 7/17/2017

ROBRECHT, JUNE A DEPUTY DIRECTOR, HR $85,945.60 5/22/2000

STANCLIFF, MARK W DEPUTY DIRECTOR, TECHNOLOGY $128,585.60 3/27/2000

STIEGMAN, PATRICIA M DEPUTY DIRECTOR, FINANCE, $99,673.60 11/17/1997

KASELEMIS, CHRISTOPHER DIRECTOR, Dept. of Economic Development, $126,075.00 6/15/2015

DEATRICKI JOHN F DIRECTOR, Dept. of Public Works & Transportation;   $145,000.00 8/7/2017

PRATSONt CATHERINE A DIRECTOR, Human Relations; $122,923.00 2/8/2016

HUNT, WILLIAM B DIRECTOR, Land Use & Growth Management,  $130,000.00,  12/17/2012

SHEPHERD, ARTHUR C DIRECTOR, REC & PARKS, $117,000.00 4/24/2017

JENNINGS-HARRIS, LORI D DIRECTOR, AGING & HUMAN SERVICES,  $131,875.00 8/1/2006

CUDMORE, LORNA J CHIEF FINANCIAL OFFICER, $131,328.00 10/13/1998

KELLY, ROBERT CHIEF INFORMATION OFFICER  $134,693.00, 10/1/2001

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