Consider buying an advertisement for your business or sending a donation to Pike County Times to support the only free online newspaper in Pike County. Donations can be sent to: The Pike County Times, PO Box 843, Zebulon, Georgia 30295. Click here to donate through PayPal. Thanks for supporting Pike County's only free online newspaper!
By Editor Becky Watts
ZEBULON - The current county manager, Brandon Rogers, signed an employment agreement with the Pike County Board of Commissioners on August 12, 2020 that outlined his terms of employment. Here are the highlights of that agreement.
Both the county and Rogers agreed that Rogers would be employed as the county manager in accordance to the provisions of The Official Code of Georgia, Pike County’s Code of Ordinance, House Bill 1819 from May 17, 2004 which lays out our county manager form of government, and the Consent Interlocutory Order in Civil Action 03V-005 filed on January 21, 2004 in the Superior Court of Pike County.
The Consent Interlocutory Agreement is included because the Pike County Board of Commissioners was sued not once but twice for actions that had taken place in the past such as not properly advertising items on the agenda prior to a meeting or operating without a county manager for an extended period of time. The two consent orders were combined in the 2005 consent order. You can click here read the Consent Interlocutory Order from 2004 and click here to read to read the Consent Order from 2005.
On a side note, Pike County Times wrote about an incident which prompted a complaint to the Pike County Board of Commissioners at the end of the February 9, 2022 meeting which can be read at http://pikecountytimes.com/secondary/BOC2.9.22.html#.Yhpee5ZOnIW . Pike County Times also wrote a complaint adding items to the agenda without publicly adverting them at the beginning of the agenda and made a write up in blue that can be read under the section “Discussion of changes to the Pike County ACCG Defined Benefits” at www.pikecountytimes.com/secondary/BOC9.28.21.html#.YhGIT5ZOnIU which lays out bad treatment of our elected Tax Commissioner last year.
Section 1 outlines the terms of employment state that Brandon Rogers’ term of service at County Manager of Pike County is effective from August 12, 2020 until June 30, 2022 subject to renewals. He is not to be employed by any other entity other than the Georgia Army National Guard which he has been a part of since late 2011. And the parties acknowledge that the State of Georgia is an “at will” state and that the county can terminate the employee at any time subject to “the applicable provisions of federal or state law and the Pike County Code.” The employee also has the right to resign at any time.
Terms of employment in section 2 advises that the county and Rogers will renegotiate this agreement during the budget workshop and preparation of the budget in the spring of 2022 and put it in writing if an agreement is reached.
Section 3 concerns annual review and evaluation which has not been done since Rogers has been in office. “Employer shall conduct an annual review and evaluate the Employee regarding his performance as county manager. This provision, however, should not be construed as prohibiting the Employer from conducting evaluations more than once a year.” [Note from the Editor: This has NOT been done since Rogers went into office. Commissioner Jenkins did tell County Attorney Rob Morton that the commissioners need the evaluation form at the next county commission meeting.]
Duties are outlined in section 4. The county manager is to perform the functions and duties in Pike County’s Code as well as abide by HB 819 which was signed on May 17, 2004 and lays out county manager duties, the Consent Interlocutory Order noted above, and perform any other permissible duties and functions assigned by the Board of Commissioners. It specifically notes that the county manager’s duties also include “reporting directly to the Board of Commissioners of Pike County, Georgia as his employer.”
Section 5 advises that the personnel policy sets forth specific provisions from Pike County Code that must be followed.
Section 6 lays out compensation which is $83,000 per year though it can be adjusted if commissioners choose to do so. His pay is not tied to what is done for the rest of the employees.
Section 7 lays out work hours which includes being available to perform duties and on an emergency basis like if a tornado came through the county on a weekend because someone needs to be available to direct those who need permission to provide services from other county offices like Public Works, EMA, etc.
Section 8 lays out that he has the same vacation, sick leave, etc. as the rest of the employees in the county.
Section 9 outlines use of a county vehicle.
Section 10 acknowledges that the county manager will be reimbursed for business expenses with a receipt.
Section 11 outlines health benefits like the rest of the county employees.
Section 12 regards retirement that is like the rest of the county employees.
Section 13 advises that the county will provide whatever electronic devices are needed for the county manager to conduct county business including a smart phone.
Section 14 says that the county will pay for professional dues and subscriptions needed as county manager.
Section 15 outlines that the county will pay for professional training and education needed for the professional development of the county manager.
Section 16 says that the county manager will not spend more than 10 hours per week in outside activities without the approval of the Board of Commissioners. This does not include his duties with the National Guard.
Section 17 says that the county will pay for any fidelity or other bonds required by the employee because of law or ordinance.
Section 18 says that the employer “shall defend, hold harmless and indemnify” the employee against torts, professional liability, claims, demands, or legal actions arising from county manager duties unless the actions rise to the level of “gross negligence, reckless conduct, intentional or criminal acts.”
Section 19 lays out termination, notice, and serverance, The county may terminate the county manager at any time “for cause” subject to laws, policies, and procedures. The county manager may also terminate his employment at any time. If the county manager is not fired for cause, there must be a 30 day written notice. If there is no 30 day notice and there is no written termination for cause, the employee will receive a serverance package equal to 30 days salary. This provision is not appliable if the employee is fired for cause unless there is some sort of agreement between the parties.
Section 20 says that the county and county manager shall “fix any such other terms and conditions of employment, as may be deemed necessary or prudent, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Code of Pike County or any other law or policy.” It also states that all provisions of Pike County Code relating to personnel and working conditions that exist now or have been amended apply to the county manager just like all of the other employees of the county. It ends this section with yet another acknowledgement that the duties and responsibilities of the county manager are laid out in Pike County Code, House Bill 1819, and the Consent Interlocutory Order mentioned earlier. [Note from the Editor: I am not aware of any additions to this contract, but I will be happy to amend this article if there is something that was missed. I strive to provide factual evidence in all of my writing.]
Section 21 lays out names and addresses of the county and the county manager with the county manager’s address redacted per Pike County Times’ policy.
Section 22 states that this written agreement is the entire agreement between both parties and that verbal and or written discussions do not supersede this agreement.
The employment agreement was signed on August 12, 2020 and can be read by clicking here.