EMPLOYMENT AGREEMENT

CHIEFADMINISTRATIVEOFFICER

e ".7 dayof A -1-1.c3

Thisagreementisdatedforreferencthe

,2016.

BETWEEN:
OF NANAIMO
REGIONALDISTRICT
6300 Hammond BayRoad
Nanaimo,B,C.
V9T6N2
District")
("Regional
AND
LeahCarlyle
Phyllis

Section22
("Employee")
District
below,theRegional
exchanged
ofthepromises
thatinconsideration
Thisagreementisevidence
follows:
as
other
andtheEmployeeagreewitheach
EmploymentPosition
1.

's Administrative
Chief
District
herebyemploystheEmployeeastheRegional
District
The Regional
commencingOctober11,2016 and,
(5 years),
") a term offive
("EmploymentPositionfor
Officer
16 below,terminating
nSection
of
withthe provisio
inaccordance
termination
to earlier
subject
toits
expiration
prior
months
(18)
eighteen
e
be
renewabl
will
contract
This
on October10,2021.
thata
agree
District
the
Regional
and
Employee
the
should
term
year
al (5)
foran additionfive
al.
benefici
mutually
be
n
extensiowould
contract

EmploymentObligations
2.

allof the dutiesand obligations

ly
ly faithfulperform
The Employee must diligentand
Obligations"):
("Employment
Bylawasamendedfromtimetotime;
's
Officers
District
d theRegional
(a) containein
and
fromtimetotime;
edanyotherenactment
(b) prescribby
's
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ontheRegional
toperformby resolutiof
(c) thattheEmployeeisdirected

3.

the Employment
ely
and effectivperform
tly
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timesdiligentcompeten
The Employeemust at all
g, Employeemust:
tytheforegointhe
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limiting
and,without
Obligations
District;
oftheRegional
orwritten,
verbal
es,
and directivwhether
orders
(a) obeyand observeall
and regulations,
andanyotherrules
and regulations,
rules
administrative
(b) obeyand observeall
g
and
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by the Regional
now inforceor from timeto timepromulgated
oftheEmployee;
ortheduties
ing
undertak
's
District
n theRegional
operatioof

Page 2
Employment Agreement
P. Carlyle

(c) except as required by law, either during the Employee's employment with the Regional
District or at any time thereafter, not divulge or disclose any secret or confidential
information, or any information which, in good faith and in good conscience, ought not to be
disclosed, which the Employee receives or becomes aware of in the course of the Employee's
employment and which relates to the Regional District, the Regional District's operations or
undertaking to other employees of the Regional District or any other persons with whom the
Regional District has any dealings;
(d) cooperate fully with Board members, Regional District officers and other Regional District
employees and members of the public;
(e) not promote disharmony or discontent among other employees of the Regional District; and

(f) generally do everything in the Employee's power to advance the interests of the Regional
District and not embarrass or discredit the Regional District in any way.
Remuneration
4,

The Regional District agrees to pay the Employee a starting annual salary of $206,000 which will
be reviewed and adjusted after formal review at one year by the Board. All other conditions of
employment including; Group Benefits, Pension Plan, Travel and Expenses will be provided as per
Regional District of Nanaimo Officers and Management Terms and Conditions of Employment
Bylaw No, 1417 and RDN policies.

Review
5.

The Regional District will conduct a six (6) month and annual review of the Employee's
performance, based on mutually agreed upon goals and objectives set between the Employee and
Subsequent salary and performance reviews will be completed annually, A
the Board.
representative of the Regional District Board will meet with the Employee to discuss the results of
each review,

Benefit Plans
6.

(a) The Employee is entitled and obligated to participate in all standard benefit plans prescribed
from time to time for the Regional District's officers and other management employees. The
liability of the Regional District under any benefit plan is limited to the premiums and portions
of premiums related to the provision of benefit plans and the Regional District is not the
insurer if any plan carrier denies coverage or for some other reason coverage is not extended
except that the bridging policy to extend the term of payment of premiums pursuant to the
Long Term Disability Policy applies despite the term of this contract;
(b) If the Employee is required to do so under the Pension (Municipal) Act, the Employee must
contribute to the Municipal Superannuation Fund established and maintained under that Act
such amounts as are required from time to time under that Act;
(c) The Employee authorizes the Regional District to make all necessary payroll deductions and to
convey all necessary personal information for the Employee's participation in any benefit plan
or in any other benefit arrangement provided for in this agreement. During any absence by
the Employee on sick leave, long term disability or vacation, the Employee is to continue to
participate in all benefit plans in accordance with the then prevailing Regional District policies;

Page 3
Employment Agreement
P. Carlyle

(d) The Employee authorizes the Regional District to deduct from the Employee's salary all
deductions required by law ~~~be made by the Regional District, including Canada Pension Plan
payments, Employment Insurance premiums, Income Tax deductions and Municipal
Superannuation Fund contributions, and any payments, premiums or contributions required
to be made or paid by the Employee under any of the benefit plans or policies of which the
Employee will receive the benefit.
Short Term Sick Leave
7,

The Employee's short term sick leave bank shall be 120 work days and thereafter sick leave will be
earned as per Bylaw No. 1417.

Indemnity
8.

The employee shall be indemnified by the Regional District in accordance with the Regional
District's Employee Indemnification Bylaw No. 956, as may be amended from time to time, for
actions taken while in the employ of the Regional District as awarded from time to time.

Reimbursement of Expenses
9.

The Regional District must reimburse the Employee for all expenses reasonably and directly
incurred in the discharge of the Employee's duties under this agreement, in accordance with the
then current rates established by the Regional District for meals and lodging.

Regional District Vehicle

10.

The Regional District will provide the Employee with a monthly vehicle allowance of $750 per
month to compensate for the use of a personal vehicle while on RDN business.

Relocation Expenses
11.

The Employee's relocation expenses will be paid by the Regional District, in accordance with RDN
Policy A3.14. Eligible moving expenses may include the transportation of household items,
storage in transit, travel expenses, and other reasonable costs associated with the move up to a
maximum of two (2) months' salary. The Employee will be requested to sign the RDN "Relocation
Expenses Agreement".

Home Office
12.

The Employee is required to maintain a home office and will be provided with a computer and
internet connection.

Associations and Continuing Education

13.

At the expense of the Regional District, the Employee may, subject to an appropriation for
associated expenses in the then current year's budget for the Regional District, and the approval
of the Regional District's Board Chairperson:
(a) attend such professional development courses and seminars;

Page4
EmploymentAgreement
P.Carlyle

to theeffective
thatwill
contribute
programs
coursesor professional
(b) attendpostsecondary
duties;
oftheemployee's
performance
ofthe
attendmeetingsandsessions
possible,
(c) becomea member of,and wheneverreasonably
associations.
comparable
professional
and other
GovernmentManagement Association
Local
District
of Nanaimo,
bytheRegional
be paidinfull
feeswill
CostofannualLaw Society
Vacation
in accordancewiththe Regional
to eight(8)weeks annualvacation
14. The Employeeisentitled
of EmploymentBylawNo.
and Management Termsand Conditions
of Nanaimo Officers
District
service.
municipal
prior
theEmployee's
1417,recognizing
and
in accordancewiththe Officers
entitlement,
The Employeemay carryforwardvacation
ManagersBylaw,
ManagementLeave
(5)daysmanagement
be entitled
tofive
theEmployeeshall
A3,12,
withRDN Policy
15. Inaccordance
overtime.
ofexcessive
inlieu
leave
Termination
ofanyof
on theearliest
may be terminated
District
employmentby the Regional
16. The Employee's
occurring:
thefollowing
ofthe members oftheRegional
two-thirds
ofatleast
vote,
on theaffirmative
(a) Withoutcause,
Boardvote
District's
ofthemembersofthe Regional
Board.Intheeventtwo-thirds
District's
the
cause,
theemploymentof the Employee without
voteto terminate
castan affirmative
ofnotice:
inlieu
thefollowing
provide
shall
District
Regional
yearof
payforeachcompleted
additional
(12)months'pay plusone(1)month's
(i) twelve
be
pay
as
shall
paid
which
continuing
months'
(24)
toa maximum oftwenty-four
service
underthisAgreementand Regional
thebenefits
maintain
and theEmployeeshall
salary
of Employment
and ManagementTerms and Conditions
of Nanaimo Officers
District
plus20% in
payment
a lump sum
toreceive
BylawNo.1417,or theEmployeemay elect
ofbenefits.
lieu
of the members of the Regional
a majority
voteof at least
(b) Forcause,on the affirmative
to be
withtheemployeehavingan opportunity
and entitled
tovote,
Boardpresent
District's
heard;
at leastone month's writtennoticeof
(c) By the Employee givingthe RegionalDistrict
termination.
by the
employmentisterminatedeither
agreesthatifthe Employee's
District
The Regional
paid
be
to
any
entitled
also
Employee
is
the
section,
this
under
the
Employee
or
District
Regional
and
Officers
Managers
the
with
in
accordance
benefits
any
or
other
entitlement
vacation
prorated
atthattime,
applicable
Bylawand anyotherstatutes

Page 5
Employment Agreement
P. Carlyle

Regional District's Policies

17.

The Employee agrees that the Regional District may issue such policies and procedures governing
Regional District employees as the Regional District considers desirable and the Employee agrees
to comply with and implement those policies and procedures unless they expressly contradict the
terms of this agreement, in which case the terms of this agreement prevail.

Devoting

18.

Full Time to Duty

The Employee must devote all of the Employee's time and attention to the performance of the
Employee's obligations under this agreement, in that the Employee must devote that amount of
time and attention normally expected of someone in the Employment Position with an entity such
as the Regional District.
The Employee agrees not to engage in any other employment, business or other activity for
remuneration or with a view to a gain during the term of this agreement without the prior written
consent of the Board, which must not be withheld unreasonably, The Regional District and the
Employee agree that it is unreasonable for the Board to withhold that consent if the nature of the
proposed employment, business or other activity does not conflict with the Employee's
obligations in the Employment Position.
It is understood that the Employee is exempt from all associations or unions within the Regional
District,
Despite the rest of this section, the Regional District agrees that the Employee may enter into
part-time employment to teach courses, assist any professional association of which the Employee
is a member (including the Local Government Management Association), or chair or to present
panels, seminars or speeches, and retain all fees and honoraria if the Employee has received the
prior written approval of the Board. If the Employee has been reimbursed by anyone else for
expenses incurred by the Employee, the Employee must reimburse those amounts to the Regional
District if the Regional District has already reimbursed the Employee in respect of the same
expenses.
The Employee agrees that the restrictions contained in this section are reasonable in view of the
importance of the Employment Position to the Regional District and the need for assurances that
the Employee will devote the appropriate amount of time and effort to discharging the
Employment Obligations. This section does not affect the Regional District's right under Section
16 to terminate the Employee for cause.

Trade Secrets and Confidential Information

19.

The Employee agrees that any trade secrets or other confidential information of which the
Employee becomes aware, or which the Employee develops, in the performance of the
Employment Obligations must be kept confidential by the Employee and must not be released
without the express prior written approval of the Regional District's Board. The Employee also
agrees that any such trade secrets or confidential information are the property of the Regional
District and may not be used by the Employee in any way without the express prior written
approval of the Regional District Board, except as is necessary in the course of discharging the
Employment Obligations.

Page 6
Employment Agreement
P. Carlyle

The Employee agrees that the restrictions imposed by this section are reasonable and survive the
termination of this agreement.
Notice
20.

Any notice which may or is required to be given under this agreement is considered to be valid if it
is given in writing and delivered as follows:
(a)

To the Regional District: Regional District of Nanaimo, 6300 Hammond Bay Road, Nanaimo,
BC V9T 6N2; and

(b)

To the Employee: Phyllis Leah Carlyle,

Section 22

or such other address of which the Employee gives notice in writing to the Board. If the Employee
changes the Employee's address for notices under this section, the Employee must promptly give
notice of the new address to the Regional District as provided in this section.
Assignment
21.

Neither the Employee nor the Regional District may assign this agreement to any extent,

Governing Law
22.

This agreement is governed by, and is to be interpreted in accordance with, the law in force in
British Columbia.

Entire Agreement
23.

This agreement is the entire agreement between the Regional District and the Employee
concerning its subject and this agreement terminates and supersedes all other agreements,
understandings, collateral representations and warranties concerning its subject.

Severance
24.

If any term of this agreement is held to be invalid, illegal or unenforceable by a court having the
jurisdiction to do so, that term is to be considered to have been severed from the rest of this
agreement and the rest of this agreement remains in force unaffected by that holding or by the
severance of that term.

Waiver
25.

An alleged waiver of any breach of this agreement is effective only if it is an express waiver in
writing of the breach. A waiver of a breach of this agreement does not operate as a waiver of any
other breach of this agreement.

Page 7
Employment Agreement
P, Carlyle

Independent Advice
26.

The Employee acknowledges and agrees that the Regional District has recommended that the
Employee seek legal and accounting advice regarding the content and effect of this agreement.
The Employee also acknowledges and agrees that the Regional District has given the Employee
ample opportunity to discuss the terms of this agreement with the Regional District's Board and
that the Employee has read this agreement carefully and has commented on it before signing it.

27.

The Employee acknowledges that the performance of the duties and obligations pursuant to this
Agreement will be reviewed by the Board of the Regional District on an annual basis. It is
acknowledged that the review process will be structured to provide the Employee with an
opportunity to provide input and response to the Board.

28.

As evidence of their agreement to be bound by the above terms, the Regional District and the
Employee have executed and delivered this agreement, as both a deed under seal and a contract,
effective from and after the reference date set out on page one of this agreement:

Executed by the REGIONAL DISTRICT OF

NANAIMO this 2J---1 day of /41,1_9c..f 54" , 2016
by its authorized signatories:

Chairperson
14
7
Corpora b Officer

Executed by PHYLLIS LEAH CARLYLE this

, 2016
/?-i'day of/(.1 6--t)57-