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HomeMy WebLinkAboutAgenda - 05-05-2009 - 4tORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5,.2009 Action Agenda Item No. ~~~" _SUBJECT: Amendment to A reement for County Mana er Search DEPARTMENT: Board of County Commissioners PUBLIC HEARING: (Y/N) No ATTACHMENT(S): (Under separate cover) Amended Agreement with The Mercer Group, Inc. Executive Search Methodology Draft Minutes, April 13, 2009 Draft Minutes, March 30, 2009 INFORMATION CONTACT: Valerie Foushee, Chair Donna Baker, Clerk to the Board, 245- 2130 PURPOSE: To consider a proposed amendment to an Agreement between The Mercer Group, Inc. and Orange County to conduct an Executive Search for the County Manager position. BACKGROUND: The Mercer Group was recently selected to conduct the county attorney executive search and the Board needs to amend their current agreement with The Mercer Group to include the search for a new county manager. FINANCIAL IMPACT: The County has agreed to compensate Mercer for its services in the amount of $15,750 for professional services and not-to-exceed $6,000 in actual expenses. RECOMMENDATION(S): The Board of Commissioners should approve the amended agreement withThe Mercer Group to conduct an Executive Search for the County Manager position. AGREEMENT This AGREEMENT, made as of this _ day of , 2009, by and between THE MERCER GROUP, INC., 3443 Highway 39 North, Louisburg, North Carolina 27549 and ORANGE COUNTY, NORTH CAROLINA, P.O. Box 8181, Hillsborough, North Carolina 27278. WITNESSETH: WHEREAS, Orange County (hereinafter referred to as the "County") desires to amend the August 19, 2008 contract between it and The Mercer Group, Inc. to conduct a search for a County Manager for the County; and WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer") has agreed to the County's request; and WHEREAS, Mercer desires to assist the County in conducting the County's search for a County Manager. NOW THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by all parties hereto, Mercer and the County hereby agree as follows: 1. Mercer agrees to provide services and support, to be provided by Phillip and Kay Robertson, to the County in the conduct of the County's search for a County Manager. Mercer agrees to conduct the County's project in accordance with scope of services outlined in its discussions with the County Commissioners on the evening of April 13, 2009, as reflected in the document entitled "Executive Search Methodology" that is part of the minutes of the meeting along with all discussion reflected in the minutes of the same meeting between Mercer and the County Commissioners. The Executive Search Methodology document and a draft of the minutes are attached hereto and incorporated herein by reference. 2. The County agrees to compensate Mercer for its services in the amount of $15,750 for professional services and not-to-exceed $6,000 in actual expenses. 3. The County and Mercer both agree that this Agreement shall be governed by the laws of the State of North Carolina. 4. The County and Mercer both agree that in the event that any dispute arises between the parties, the complaining party shall promptly notify the other of the dispute in writing. Each party shall respond to the other party in writing within ten (10) working days of receipt of such notice. Agreement, Continued: e 5. The County and Mercer both agree that any amendments to this Agreement shall be made in writing, and executed by both parties. No proposed amendment which is not in writing and executed by both parties shall effect the terms of this Agreement. 6. The parties shall have the right at the convenience of either party to terminate this Agreement following ten (10) days written notice to the affected party. Should either party terminate this Agreement the County shall only be obligated to pay Mercer for those services already provided. ORANGE COUNTY, NORTH CAROLINA By: ATTEST: THE MERCER GROUP, INC. By: ~/ hillip on Senior Vice President EXECUTIVE SEARCH METHODOLOGY FOR COMMISSION DISCUSSION 13 APRIL 2009 THE MERCER GROUP, INC. _._ -- The Mercer Group, Inc. County Manager Search Methodology Orange County, North Carolina Page 1 O =Commission input requested Overview of Methodolo~y We recommend a seven (7)-step search process as follows: • Position Analysis We will define work relationships, job qualifications and requirements for the position -the "Position Profile." • Recruitment Process We will recruit regionally and nationally for the position, advertising and networking to locate and invite qualified candidates. • Resume Review We will identify qualified candidates. • Candidate Screening We will carefully screen prospective finalists according to the criteria established by the Commission in the Position Profile and present the most highly qualified to the Commission. • Background Investi ag tion We will thoroughly evaluate candidates invited by the Commission for interviews. • Interview Process We will make recommendations and assist in selection. • Negotiation and Follow-up We will facilitate employment and follow-up to ensure complete integrity of the process. Methodology Each step in this process for the Orange County Manager search is described below. 1. Position Analysis We will have extensive consultation with the Commission, and staff as well as other individuals or groups to determine the needs and issues, requirements of the job, and to verify information about the environment within which the position functions. We will spend a considerable amount of time at the beginning of the process in Orange County in order to determine the level of experience and training needed. During this process, we will initiate individual interviews with the Commissioners, staff members (if desired) and others of your choice to identify expectations, perceptions, and The Mercer Group, Inc. County Manager Search Methodology Orange County, North Carolina Page 2 O = Coininission input requested C~% concerns regarding the position. We will consult with the Commissioners to identify the individuals that should be included in these interviews. Based on those meetings, we will prepare a draft position profile and review it with the Commission in order to arrive at a general agreement regarding the specifications for the position. Commissioners will be asked to review the draft profile and provide recommended modifications, especially regarding the issues facing the positions, the description of the ideal candidate, and timeframes to be included in the advertisement. 0 The final position profile will include information about the County, its goals, major services offered, issues to be faced, the position, the ideal candidate and the selection criteria established. 2. Recruitment Process We will review our database to determine those candidates whom we may already know and/or already have on file who may meet the Commission's specifications. Although this process is valuable, we will rely most heavily on our own contacts among other professional associations, ICMA, state associations of county and city managers, and other public sector websites, and other contacts of our own experience. In other words, through "networking", we will conduct anation-wide professional search for the best qualified candidates and invite them to apply for the position. 3. Resume Review We will review and analyze each applicant's background and experience against the position description criteria. We will acknowledge all resumes received and keep candidates informed of their status. 4. Candidate Screening Criteria for the preliminary screening will be contained in the approved "Position Profile". They may include such items as education, technical knowledge, experience, accomplishments, management style, personal traits, etc. Screening of candidates against those criteria will be based on data contained in the resumes and other data provided by the candidates and on our knowledge of the organizations in which they .work. At this stage, each must meet the minimum qualifications specified in the Position Profile. The Mercer Group, Inc. Orange County, North Carolina, County Manager Search Methodology Page 3 O = Conunission input requested We will be responsible for screening the applications received. This initial screening will be conducted by telephone with both the prospective candidate and through documents, on-line information and, very discretely, with individuals who are familiar with each candidate's background and expertise, in order to establish their bona fide credentials. Once the initial screening is completed, we will select the most qualified prospective candidates who most closely match the criteria established by the Commission. We will interview those candidates in order to verify their qualifications and other favorable characteristics. We will provide the Commission with the results of our interviews and inquiries, along with each candidate's own words describing their experience as it relates to each of the issues facing the position. One contingency here is that the Commission may not approve of any of the candidates. If that should occur, we would, of course, keep searching until the Commission's needs are clearly met. We will review the information with the Commissioners and request that the identify the three to five candidates that will continue in the selection and hiring process. 0 After the decision by the Commission, we will contact the candidates selected and personally seek a signed release so that we may begin background investigations. We examine candidates' qualifications based upon your selection criteria and evidence of their continuing professional education and upon verifying their particular accomplishments. 5. Background Investigations As part of our process in evaluating finalists, we make detailed and extensive reference checks. In conducting these, it is our practice to speak directly to individuals who are now or have previously been in positions to evaluate the candidate's job performance. We complete professional reference checks rip or to the Commission's interviews. That allows the Commission to target the questioning more effectively, based upon what we have learned about each finalist's performance and style. We ask each candidate to provide us with a few references. We then network to other persons who know the candidate. In this way, we thoroughly evaluate each candidate with a 360 degree perspective. We have talked to as many as 23 references concerning a single finalist candidate. These references and evaluations are combined to provide frank and objective appraisals of the top candidates. We also verify past employment difficulties, if any, including any legal action filed against former employers. The Mercer Group, Inc. County Manager Search Methodology Orange County, North Carolina Page 4 O = Conunission input requested As part of our evaluation process, we verify undergraduate and graduate college degrees and check criminal records and credit history. As an additional option, we can arrange for psychological (or similar) testing of the candidates that maybe desired. (These may be extra cost items.) We will recommend background investigation criteria to the Commission, who will make the final decision on the specifics of the background check. The Mercer Group, Inc. is an equal opportunity employer and recruiter, and as a practice does not discriminate against any employee or applicant for employment on the basis of race, religion, creed, color, gender, sexual orientation, handicap, or national origin. 6. Interview Process Based on the preceding steps, a Final Report of your 3-5 finalists for the position of County Manager will be forwarded to the Commission for interviews. We will prepare a written summary on each finalist. The information may cover, but not be limited to, 1) present position, 2) total years experience, 3) salary requirements, 4) education, 5) previous positions held, 6) notable projects, 7) management style, 8) skills and abilities, 9) interests, and 10) professional goals. This information will be presented to the Commission in a detailed written format combined with the results of the background investigation. We will also provide the Commission with our recommendations relative to timing, sequencing, location, setting, format, and conduct of interviews with the finalists. We will provide information about trends in employment, employment contracts and agreements, relocation expenses, perquisites, appropriate role for spouses, receptions, etc. We will ask the Commission to decide upon an interview process with attendant venues. 0 We will arrange schedules for top candidate interviews with the Commission and will coordinate the process. The Commission will interview the candidates as chosen and, hopefully, decide on the new Manager. 0 We are prepared to facilitate the Commission's deliberation following the interviews of finalists. If additional interviews are needed or additional information is requested we will facilitate this, also. The Mercer Group, Inc. County Manager Search Methodology Orange County, North Carolina Page 3 O = Coininission input requested O 7. Negotiation and Follow-uu We will also mediate the negotiation process relative to salary, benefits and other conditions of employment. We feel that we can be especially helpful because we work on a fixed fee rather than one based on a percentage of salary. One contingency here is that an agreement may not be able to be arranged. If that is the case, we will work with the Commission to select an alternate candidate. We are prepared to handle any and all media relations. Unless otherwise directed, it is our standard practice to tell all media that we are working on behalf of the Commission and that any public statement should come directly from the Commission. Finally, we will notify by letter all unsuccessful candidates who were not recommended for interview of the final decision reached. We suggest, however, that it is more proper for the Commission to directly notify all unsuccessful candidates whom they interviewed of the final result. Once the new Manager has been on board for 30 days or so, we will conduct a session with the Commission and the new Manager in order to establish mutual performance criteria and goals for the position. In this regard, we will work with the Commission to define the role and expectations of the new Manager. 0 We will follow-up periodically with the Commission and the new Manager during the first year in order to make any adjustments that maybe necessary. We will keep the Commission closely informed and involved in decisions concerning the search process at all times. We will prepare and send to the Commission periodic reports. These reports will contain a progress report on the recruitment as well as specific steps to be taken to meet the Commission's dead- lines. The Mercer Group, Inc. Orange County, North Carolina County Manager Search Methodology Page 6 O =Commission input requested /~, 1 DRAFT MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 SPECIAL MEETING 4 April 13, 2009 5 7:00 p.m. 6 7 The Orange County Board of Commissioners met to discuss the Manager's search 8 process on Monday, April 13, 2009 at 7:00 p.m. at the Southern Human Services Center in 9 Chapel Hill, N.C. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Valerie Foushee and Commissioners 12 Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, Bernadette Pelissier, and Steve 13 Yuhasz 14 COUNTY STAFF PRESENT: Clerk to the Board Donna S. Baker 15 OTHERS PRESENT: Phillip Robertson, The Mercer Group consultant 16 17 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT 18 AGENDA FILE IN THE CLERK'S OFFICE. 19 7:07:01 PM 20 21 1. 7:00-7:05 Opening Comments 22 Commissioner Foushee said that the Board had decided at their March 30, 2009 23 meeting to amend the county's current contract with the Mercer Group, which was for 24 the county attorney search, to also include the manager's search process. And Phillip 25 Robertson, out of the N.C Mercer office, will be the Board's consultant during the 26 manager's search process. 27 28 29 2. 7:05-10:00 Discussion of Manager's Search Process 30 31 Phillip Robertson said the process for the manager's search will be to the one his group did for 32 the county attorney. He then reviewed the Mercer's proposed methodology for the Manager's 33 search process: 34 35 Mercer recommends a seven (7)-step search process as follows: 36 Methodology Overview 37 Position Analysis: Mercer will define work relationships, job qualifications and 38 requirements for the position -the "Position Profile." 39 40 Recruitment Process: Mercer will recruit regionally and nationally for the 41 position, advertising and networking to locate and invite qualified candidates. 42 43 • Resume Review: Mercer will identify qualified candidates. 44 45 Candidate Screening: Mercer will carefully screen prospective finalists according 46 to the criteria established by the Commission in the Position Profile and present O =Commission input requested C~ 1 the most highly qualified to the Commission. 2 3 • Background Investigation: Mercer will thoroughly evaluate candidates invited by 4 the Commission for interviews. 5 • Interview Process: Mercer will make recommendations and assist in selection. • Negotiation and Follow-uo: Mercer will facilitate employment and follow-up to ensure complete integrity of the process. Methodology Each step in this process for the Orange County Manager search is described below. 1. Position Analysis Mr. Robertson said The Mercer Group will have extensive consultation with the Commission, and staff as well as other individuals or groups to determine the needs and issues, requirements of the job, and to verify information about the environment within which the position functions. We will spend a considerable amount of time at the beginning of the process in Orange County in order to determine the level of experience and training needed. During this process, we will initiate individual interviews with the Commissioners, staff members (if desired) and others of your choice to identify expectations, perceptions, and concerns regarding the position. We will consult with the Commissioners to identify the individuals that should be included in these interviews. O Based on those meetings, we will prepare a draft position profile and review it with the Commission in order to arrive at a general agreement regarding the specifications for the position. Commissioners will be asked to review the draft profile and provide recommended modifications, especially regarding the issues facing the positions, the description of the ideal candidate, and timeframes to be included in the advertisement. O The final position profile will include information about the County, its goals, major services offered, issues to be faced, the position, the ideal candidate and the selection criteria established. 2. Recruitment Process Mr. Robertson said they will review our database to determine those candidates whom we may already know and/or already have on file who may meet the Commission's specifications. Although this process is valuable, we will rely most heavily on our own contacts among other professional associations, ICMA, state associations of county and city managers, and other public sector websites, and other contacts of our own experience. In other O = Co~ninission input requested words, through "networking", we will conduct anation-wide professional search for the best qualified candidates and invite them to apply for the position. 3. Resume Review He said they will review and analyze each applicant's background and experience against the position description criteria. We will acknowledge all resumes received and keep candidates informed of their status. 4. Candidate Screening Criteria for the preliminary screening will be contained in the approved "Position Profile". They may include such items as education, technical knowledge, experience, accomplishments, management style, personal traits, etc. Screening of candidates against those criteria will be based on data contained in the resumes and other data provided by the candidates and on our knowledge of the organizations in which they work. At this stage, each must meet the minimum qualifications specified in the Position Profile. O = Coimnission input requested l~y 1 Mr. Robertson said Mercer will be responsible for screening the applications received. 2 This initial screening will be conducted by telephone with both the prospective candidate 3 and through documents, on-line information and, very discretely, with individuals who are 4 familiar with each candidate's background and expertise, in order to establish their bona 5 fide credentials. 6 7 Once the initial screening is completed, we will select the most qualified prospective 8 candidates who most closely match the criteria established by the Commission. We will 9 interview those candidates in order to verify their qualifications and other favorable 10 characteristics. We will provide the Commission with the results of our interviews and 11 inquiries, along with each candidate's own words describing their experience as it relates 12 to each of the issues facing the position. One contingency here is that the Commission 13 may not approve of any of the candidates. If that should occur, we would, of course, keep 14 searching until the Commission's.needs are clearly met. 15 16 We will review the information with the Commissioners and request that they identify the 17 three to five candidates that will continue in the selection and hiring process. O 18 19 After the decision by the Commission, we will contact the candidates selected and 20 personally seek a signed release so that we may begin background investigations. We 21 examine candidates' qualifications based upon your selection criteria and evidence of their 22 continuing professional education and upon verifying their particular accomplishments. 23 24 5. Background Investigations 25 Mr. Robertson said as part of their process in evaluating finalists, we make detailed and 26 extensive reference checks. In conducting these, it is our practice to speak directly to 27 individuals who are now or have previously been in positions to evaluate the candidate's 28 job performance. We complete professional reference checks prior to the Commission's 29 interviews. That allows the Commission to target the questioning more effectively, based 30 upon what we have learned about each finalist's performance and style. 31 32 We ask each candidate to provide us with a few references. We then network to other 33 persons who know the candidate. In this way, we thoroughly evaluate each candidate with 34 a 360 degree perspective. We have talked to as many as 23 references concerning a 35 single finalist candidate. These references and evaluations are combined to provide frank 36 and objective appraisals of the top candidates. We also verify past employment 37 difficulties, if any, including any legal action filed against former employers. 38 39 As part of our evaluation process, we verify undergraduate and graduate college degrees 40 and check criminal records and credit history. As an additional option, we can arrange for 41 psychological (or similar) testing of the candidates that may be desired. (These may be 42 extra cost items.) We will recommend background investigation criteria to the 43 Commission, who will make the final decision on the specifics of the background check. 44 45 The Mercer Group, Inc. is an equal opportunity employer and recruiter, and as a practice 46 does not discriminate against any employee or applicant for employment on the basis of 47 race, religion, creed, color, gender, sexual orientation, handicap, or national origin. 48 49 50 6. Interview Process O =Commission input requested 2 3 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Based on the preceding steps, a Final Report of your 3-5 finalists for the position of County Manager will be forwarded to the Commission for interviews. We will prepare a written summary on each finalist. The information may cover, but not be limited to, 1) present position, 2) total years experience, 3) salary requirements, 4) education, 5) previous positions held, 6) notable projects, 7) management style, 8) skills and abilities, 9) interests, and 10) professional goals. This information will be presented to the Commission in a detailed written format combined with the results of the background investigation. We will also provide the Commission with our recommendations relative to timing, sequencing, location, setting, format, and conduct of interviews with the finalists. We will provide information about trends in employment, employment contracts and agreements, relocation expenses, perquisites, appropriate role for spouses, receptions, etc. We will ask the Commission to decide upon an interview process with attendant venues. 0 We will arrange schedules for top candidate interviews with the Commission and will coordinate the process. The Commission will interview the candidates as chosen and, hopefully, decide on the new Manager. O We are prepared to facilitate the Commission's deliberation following the interviews of finalists. If additional interviews are needed or additional information is requested we will facilitate this, also. 7. Negotiation and Follow-up We will also mediate the negotiation process relative to salary, benefits and other conditions of employment. We feel that we can be especially helpful because we work on a fixed fee rather than one based on a percentage of salary. One contingency here is that an agreement may not be able to be arranged. If that is the case, we will work with the Commission to select an alternate candidate. We are prepared to handle any and all media relations. Unless otherwise directed, it is our standard practice to tell all media that we are working on behalf of the Commission and that any public statement should come directly from the Commission. Finally, we will notify by letter all unsuccessful candidates who were not recommended for interview of the final decision reached. We suggest, however, that it is more proper for the Commission to directly notify all unsuccessful candidates whom they interviewed of the final result. Once the new Manager has been on board for 30 days or so, we will conduct a session with the Commission and the new Manager in order to establish mutual performance criteria and goals for the position. In this regard, we will work with the Commission to define the role and expectations of the new Manager. O We will follow-up periodically with the Commission and the new Manager during the first year in order to make any adjustments that may be necessary. O =Commission input requested 1 We will keep the Commission closely informed and involved in decisions concerning the 2 search process at all times. We will prepare and send to the Commission periodic reports. 3 These reports will contain a progress report on the recruitment as well as specific steps to 4 be taken to meet the Commission's deadlines. 5 6 7 Commissioner Hemminger asked why he would want to interview them individually and 8 Mr. Robertson said there is more room for individual opinion on a one-on-one basis. 9 10 Commissioner Hemminger said that she had heard that the last time that the Board of 11 County Commissioners had such varied opinions that she would like to hear everyone's 12 opinion. Mr. Robertson said which ever way the Board feels most comfortable doing this 13 he will do it that way but there is more time with an individual interview. 14 15 Commissioner Gordon said she thought it worked well having individual interviews. 16 17 Commissioner Pelissier asked past commissioners if they found it useful to have 18 individual interviews and they said yes. 19 20 Mr. Robertson said following Board approval of the position profile, Mercer will advertise 21 this position nationally. 22 23 Mr. Robertson said he would like to send each candidate a list of issues facing the 24 manager and the Board of County Commissioners can get an idea of the writing 25 style and thinking of the candidates. 26 27 Chair Foushee said with respect to recruiting nationally and using other resources, for her, 28 she would like to state now, she would not like to see a number of candidates coming 29 heavily from one region. 30 31 Commissioner Gordon agreed except for N.C. Chair Foushee said that she does not 32 include our state, just other regions. 33 34 Commissioner Jacobs said he does not think the Board wants the same candidates as 35 they had before and he thinks the Board would like candidates with N.C experience. 36 37 Commissioner Nelson 7:17:56 PM said there may be people in the last pool of candidates 38 for county manager that may not have had enough experience before but now 3 years 39 later, may be viable candidates. 40 41 Mr. Robertson said Mercer would take from the larger pool of candidates, and winnow 42 down to 8-12 candidates and then he would put a booklet together on each candidate; 43 then the Board could narrow their choices down to 3-5 candidates that the Board could 44 interview. 45 46 He said from that group, they would ask them to sign a waiver and Mercer would write in 47 the waiver, similar to the county attorney search, that the Board of County Commissioners 48 has the freedom to contact whoever they want in the candidate's background. From 49 there, Mercer would conduct background investigations. O = Conunission input requested 2 Mr. Robertson said that the interview process would involve an interview guide and be 3 distributed to the Board and then at that time he and the Board could discuss interview 4 protocols. 5 6 Commissioner Jacobs said last time they did a manager search, when it came to the 7 candidate screening, Mercer sent candidate resumes to the Board. 8 9 Mr. Robertson said if a candidate is on the border for qualifications, he will send the 10 candidate the issues facing the position in order to see how they do there. He said he 11 would rather give the Board too much information rather than too little. 12 13 Commissioner Yuhasz asked Mr. Robertson if he knew the estimated length for the 14 manager's search process and Phillip Robertson said from the time of approval of the 15 profile, it usually takes 110 days. 16 17 Commissioner Yuhasz asked how quickly they can get position profile in place. 18 19 Commissioner Jacobs said the Board may want to coordinate meeting schedules to 20 minimize meeting during their summer break. 21 22 Chair Foushee said the Board may want to incorporate in their individual interviews with 23 Mr. Robertson their own personal calendar. 24 25 Chair Foushee stated she thinks that the Board could contract with Mercer by amendment 26 to the contract between the county and Mercer used for the county attorney process. 27 28 Next Steps: 29 30 Mr. Robertson asked who the Board would like for him interview outside of the 31 Commissioners. 32 33 The Board discussed this and suggested the following: 34 35 Board members 36 Manager -Laura Blackmon 37 Assistant managers (2) 38 Clerk to the Board 39 Assistant to the Manager -Greg Wilder 40 Two attorneys (new and retiring) 41 Representative or Chair of Employee Consortium 42 Dave Stancil - ERCD Director 43 Bob Marotto -Animal Services Director 44 Pam Jones -Purchasing and Central Services Director 45 Nancy Coston - DSS Director 46 Rosemary Summers -Health Director 47 Tara Fikes -Housing and Community Development Director 48 Sheriff 49 O = Coininission input requested 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 5 Commissioner Jacobs asked about the advertising brochure profile from the last manager's search and if Mercer would be using a similar advertising tool. Mr. Robertson indicated that his office would do it similar to the recent county attorney search but if the Board wanted a printed brochure, he could do it. But with an on-line job description version, it gives more flexibility. Commissioner Jacobs said there was way too much detail in the last brochure and too much focus on certain strengths. Mr. Robertson said to be perfectly truthful, his office had not even considered doing a printed brochure because they rely on on-line advertising services outside of printed ads. The Board discussed this briefly and it was decided that the Mercer group would not do a printed brochure for advertising this position. Phillip Robertson left at 7:43 pm. A comment was made that the Board will need to schedule time to discuss the interim manager process and it was suggested that the Board could consider this issue at ttheir April 14th work session. The Board agreed. 3. Adjourn A motion was made by Commissioner Pelissier seconded by Commissioner Pelissier to adjourn the meeting at 7:46 pm. VOTE: UNANIMOUS Valerie Foushee, Chair Donna S. Baker Clerk to the Board O = Coininission input requested 1 DRAFT MINUTES 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 SPECIAL MEETING 4 March 30, 2009 5 7:00 p.m. 6 7 The Orange County Board of Commissioners met to discuss the Manager's search 8 process on Monday, March 30, 2009 at 7:00 p.m. at the Link Government Services Center 9 in Hillsborough, North Carolina. 10 11 COUNTY COMMISSIONERS PRESENT: Chair Valerie Foushee and 12 Commissioners Alice M. Gordon, Pam Hemminger, Barry Jacobs, Mike Nelson, 13 Bernadette Pelissier, and Steve Yuhasz 14 COUNTY STAFF PRESENT: Clerk to the Board Donna S. Baker 15 16 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE 17 PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 18 19 7:05:40 PM 20 21 1. Opening Comments 22 Chair Foushee suggested that the Board add two agenda items to the agenda; to give an 23 update on the new county attorney, and Commissioner Jacobs said he would like to give 24 them an update from TJCOG about broadband. 25 26 The Board agreed to add these items. 27 28 2. Discussion of Manager's Search Process 29 30 Chair Foushee said she spoke with our county attorney, Geof Gledhill, about retaining the 31 firm we currently have now, The Mercer Group, for the county manager search. Geof 32 Gledhill had told her that the Board did not have to go out to bid for a new firm; the Board 33 could just amend their current contract with Mercer. Chair Foushee said she talked with 34 Jim Mercer of the Mercer firm and that they do have principals from the Mercer firm in 35 N.C. since that seemed to be the preference of the Commissioners this time around. 36 37 The Board agreed that they would like to go with a firm. 38 39 Commissioner Pelissier asked how many firms do national searches for managers and 40 Chair Foushee said many firms do this. 41 42 Commissioner Gordon said for clarification purposes that their choices are to go with an 43 RFP or go with a firm they know. It was answered yes. 44 Commissioner Gordon suggested for the Board to consider an RFP process since they 45 will also need an interim manager as well and how does this fit into the process. 46 47 Commissioner Jacobs asked if NCACC would help find a permanent manager and Chair 48 Foushee said they could but it would stretch their resources if we wanted a nationwide 49 search. Chair Foushee said NCACC would get us some names for an interim manager in 50 the next couple of days. 51 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Commissioner Hemminger said time is of the essence and we have had good experiences with the Mercer group. And we want candidates with N.C. experience. Chair Foushee agreed and she has worked with the Mercer group when she worked for Chapel Hill as well as here in Orange County. Commissioner Pelissier asked if an RFP was done with the last manager and Board members replied yes. Commissioner Jacobs said the advantage of having a different firm do the search is that that the Board could have access to a different pool of applicants. His hesitation with Mercer is concern about not getting a different pool of applicants this time. Commissioner Pelissier suggested the Board ask Mercer to expand their pool of applicants this time around and Chair Foushee said they could ask fora clean pool of applicants. Commissioner Yuhasz asked how long did the RFP process take and Board members responded about two months. Commissioner Jacobs said after that, the Board worked with the consultant Commissioner Nelson arrived at 7:15:36 PM . Commissioner Yuhasz said adding another 60-90 days to the process if the Board uses an RFP process to select a consultant will be not be helpful unless there are issues with the Mercer group now. Commissioner Hemminger said that Laura Blackmon will be leaving June 30tH Commissioner Gordon said the Commissioners need to consider when the Board wants this person to start. Commissioners may want an interim to start with and do they want overlap time with the present manager. Commissioner Pelissier said the Board doesn't know what they will face with budget issues with the next year, and it will behoove the commissioners to get a manager in place by the end of the year and to forget about the RFP and go with a firm as soon as possible. Commissioner Hemminger said not to do an RFP. Commissioner Jacobs said the Board should stick with the Mercer group and be explicit as to the pool of applicants they want to see. A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to hire the Mercer group to do the search and request a local N.C. representative from their firm and to also ask The Mercer Group to exclude any applicants from the previous search. VOTE: UNANIMOUS Commissioner Yuhasz said he would like to see what the Mercer group would suggest as to what was advertised before from a professional standpoint. 1 Commissioner Gordon said to emphasize the essence of what they are looking for; she 2 would like the firm to interview the Board of County Commissioners individually. And for 3 the Board members to be clear as to what they want in a manager. 4 5 Commissioner Jacobs suggested scheduling a conversation with the consultant as to 6 what the Board is looking for in an ad brochure. He suggested the Board of County 7 Commissioners write their thoughts down for Mercer. 8 9 The Board suggested scheduling a meeting with The Mercer Group in April. 10 11 Interim Process for Manager 12 13 Commissioner Gordon said the Board needs to figure out when an interim manager would 14 start and to make it clear to the interim, if this person wants to apply for the permanent 15 position. And to make it clear if the Board of County Commissioners wants this person to 16 do overlap and his/her flexibility. 17 18 Commissioner Jacobs asked why not consider a person who applies for the permanent 19 position. 20 21 Chair Foushee said she believes that person would have an unfair advantage. 22 23 Commissioner Jacobs said but what if they are good and they like this interim person. 24 25 Chair Foushee said then why would they bother interviewing others. 26 27 Michael McGinnis, Director of Human Resources, said it ceases to be a competitive 28 process then and if they bring an interim person in, it does change the rules of the open 29 and competitive process. 30 31 Commissioner Gordon said she thought they would get a retired person and thought it 32 would be from a different pool of people than the actual applicants. 33 34 Commissioner Jacobs said he talked with officials from Moore County and they had hired 35 a retired person on an interim basis; and the county liked him so much they hired him 36 permanently. He said automatically excluding someone because this person was an 37 interim is not fair. 38 39 Chair Foushee said this is something they need to decide. 40 41 Commissioner Nelson said the Board should hire an interim that is not allowed to apply 42 and is not interested in the permanent position; but if they find out in 3 months they like 43 this person, he would be willing to re-consider. Commissioner Yuhasz agreed. 44 45 The Board agreed with this aspect. Also, the Board agreed that they would like a person, 46 both for the interim and the permanent manager position, with N.C. experience. 47 48 The Board agreed that they would like for an interim person to start on July 1 and 49 Commissioner Yuhasz said June 1 would be even better with overlap time with the exiting 50 manager and the interim manager. 51 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 The Board agreed that an interim person needs to start as early as June 15 but no later than July 1. Commissioner Gordon said the Board had mentioned that they would not consider someone who had been in the previous pool of applicants for the county manager's position three years ago but what if there were really good applicants that had been further down in the pool, can they then look at them and the Board agreed to keep their options open. Chair Foushee said how do they want to go about identifying an interim manager. Commissioner Gordon said we usually would go to a county commissioner organization; either a private firm or the NCACC. Commissioner Jacobs said he would rather use NCACC because they would not charge for their services and he would like for them to present 3 candidates for the Board of County Commissioners to interview, with no extensive process or interviews. Commissioner Gordon said she would like to interview the interim candidates. Michael McGinnis said there should be a good pool of interim candidates at this time. Commissioner Gordon asked what does the NCACC offer. Chair Foushee said they would work for the Board of County Commissioners and send applications to the Board. The Board of County Commissioners would then initiate contact with the candidates. Chair Foushee suggested interviewing three candidates at a time; and if the first batch does not work out, then as for three more candidates. Commissioner Gordon said if the NCACC does not work out, then the county could always hire a private firm. Commissioner Yuhasz asked about talking with Mercer about fees, etc. Chair Foushee suggested that the Board may want to piggyback on the current contract with amendments. COUNTY ATTORNEY UPDATE Chair Foushee said she spoke with Mr. Roberts today and we have a signed MOA and they are able to move forward with the appointment on April 7th or 21St Mr. Roberts indicated he can start on April 23`d The Board of County Commissioners will host an in house reception for Mr. Roberts, and also Geof Gledhill who is retiring, on April 14th at the Link Government Services Center from 6-7pm. BROADBAND UPDATE 1 Commissioner Jacobs said he and Commissioner Hemminger were at the TJCOG 2 meeting last week. There was a presentation on broadband access and the stimulus bill. 3 Mr. Sepe told them Orange County and Chatham County were in a good position to get 4 monies for broadband. Mr. Sepe said Orange County would be in a much better position 5 if they had a plan and Mr. Sepe offered to assist. 6 7 Commissioner Jacobs asked could staff be ready to draw up a plan to be ready in the fall 8 when the monies come down 9 10 Commissioner Jacobs said there could be list of competitors -and if state is distributing 11 the money, then to have staff contact Mr. Sepe to help them draft a letter to get the federal 12 money go directly to the county rather than the go through the state. 13 14 Commissioner Gordon suggested having staff contact Mr. Sepe to help them draft the 15 letter re: broadband stimulus money. 16 17 Chair Foushee said they could discuss this at chair and vice chair and the Board agreed 18 for them to move forward. 19 20 21 3. Adjourn 22 23 A motion was made by Commissioner Jacobs seconded by Commissioner Nelson to 24 adjourn the meeting at 7:49 pm. 25 26 VOTE: UNANIMOUS 27 28 Valerie Foushee, Chair 29 30 Donna S. Baker 31 Clerk to the Board 32 33 AGREEMENT This AGREEMENT, made as of this ~ day of , 2009, by and between THE MERCER GROUP, INC., 3443 Highway 39 North, Louisb g, North Carolina 27549 and ORANGE COUNTY, NORTH CAROLINA, P.O. Box 8181, Hillsborough, North Carolina 27278. WITNESSETH: WHEREAS, Orange County (hereinafter referred to as the "County") desires to amend the August 19, 2008 contract between it and The Mercer Group, Inc. to conduct a search for a County Manager for the County; and WHEREAS, The Mercer Group, Inc. (hereinafter referred to as "Mercer") has agreed to the County's request; and WHEREAS, Mercer desires to assist the County in conducting the County's search for a County Manager. NOW THEREFORE, in consideration of the following mutual covenants and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by all parties hereto, Mercer and the County hereby agree as follows: 1. Mercer agrees to provide services and support, to be provided by Phillip and Kay Robertson, to the County in the conduct of the County's search for a County Manager. Mercer agrees to conduct the County's project in accordance with scope of services outlined in its discussions with the County Commissioners on the evening of April 13, 2009, as reflected in the document entitled "Executive Search Methodology" that is part of the minutes of the meeting along with all discussion reflected in the minutes of the same meeting between Mercer and the County Commissioners. The Executive Search Methodology document and a draft of the minutes are attached hereto and incorporated herein by reference. 2. The County agrees to compensate Mercer for its services in the amount of $15,750 for professional services and not-to-exceed $6,000 in actual expenses. 3. The County and Mercer both agree that this Agreement shall be governed by the laws of the State of North Carolina. 4. The County and Mercer both agree that in the event that any dispute arises between the parties, the complaining party shall promptly notify the other of the dispute in writing. Each party shall respond to the other party in writing within ten (10) working days of receipt of such notice. Agreement, Continued: 5. The County and Mercer both agree that any amendments to this Agreement shall be made in writing, and executed by both parties. No proposed amendment which is not in writing and executed by both parties shall effect the terms of this Agreement. 6. The parties shall have the right at the convenience of either party to terminate this Agreement following ten (10) days written notice to the affected party. Should either party terminate this Agreement the County shall only be obligated to pay Mercer for those services akeady provided. ORANGE COUNTY, NORTH CAROLINA By: ec.e~..~ ATTEST: (~ THE MERCER GROUP, INC. By: d~fi hillip on Senior Vice President