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This Agreement is made and entered into this 28th day of February, 2004, by and between the Presbytery/Mission Unit of Sacramento, a judicatory of the Presbyterian Church (U.S.A.) (the "Presbytery") and the Synod of the Pacific, a judicatory of the Presbyterian Church (U.S.A.) (the "Synod");
WHEREAS, one of the responsibilities of the Synod is "to develop and provide resources as needed to facilitate the mission of its presbyteries, as well as guidelines and criteria for evaluation" (Book of Order G-12.0102e); and WHEREAS, in order to further its mission, the Presbytery "may authorize the administrative staff services of an executive presbyter and other staff as needed." (Book of Order G-11.0303); and
WHEREAS, the Presbytery is in need of the services of an executive/general presbyter and other staff services as it shall determine from time to time; and

WHEREAS, the Synod desires to provide such services as set forth herein;
NOW, THEREFORE, the Presbytery and the Synod agree as follows:

1. Executive/General Presbyter/Associate Synod Executive.
a. The Presbytery/Mission Unit, in consultation with the Synod, may, in its discretion, elect an executive/general presbyter. The Synod, in consultation with that presbytery/mission unit Search Committee, may, in its discretion, engage the services of the same executive/general presbyter, who shall also be an associate synod executive of the Synod (hereinafter referred to as the "Executive Presbyter"). The services of the executive presbyter shall be provided through employment by the Synod. Engagement of the services of the executive presbyter shall be subject to (i) election of the executive presbyter by the presbytery, and (ii) approval of the employment of the same executive presbyter by the Synod. The duties and responsibilities of the executive presbyter shall be delineated in a position description developed by the presbytery/mission unit, in consultation with and approved by the Synod, through its Mission Personnel Committee. The executive presbyter shall be accountable to the Presbytery, through its council and/or personnel committee, for the implementation of decisions and matters of strategy, program and resources as provided for in the Book of Order G-9.0701a. The executive presbyter shall be under the supervision of and accountable to the Synod as his/her employer, through the Synod Executive, who shall supervise the executive presbyter to ensure that services are competently delivered to the presbytery/mission unit in accordance with his/her position description and the Synod Personnel Policies and Procedures Manual.
b. The presbytery/mission unit, after consulting with the Synod, may terminate the services of the executive presbyter pursuant to Book of Order G-9.0705. In the same manner, the Synod, after consulting with the Presbytery, may terminate the employment of the executive presbyter. If the Synod elects to terminate the employment of the executive presbyter, but the presbytery/mission unit elects to continue his/her services, the Synod will continue to provide personnel services for a reasonable amount of time to the presbytery/mission Unit under this Agreement until the presbytery/mission unit can make arrangements to provide for its own human resource management. The timeline for the transition of these responsibilities shall be negotiated between the presbytery/mission unit and the synod. However, the presbytery/mission unit will immediately become the employer of record for the executive presbyter as of the effective date of termination of employment from the Synod. Upon acknowledging in writing or receiving written notice of the effective date of termination of employment by the Synod, the presbytery/mission unit agrees to assume all subsequent liability for the executive presbyter from and after that effective date.
If either the presbytery/mission unit or the Synod shall terminate the services of the executive presbyter, the executive presbyter shall have the right to request a hearing according to Section G-9.0705 of the Book of Order, to be held by the terminating party. If both parties to this Agreement terminate the services of the executive presbyter, and he/she asks for a hearing, a joint hearing will be held by both the synod and the presbytery/mission unit.

2. Other Presbytery Staff. The Synod shall engage the services of other staff (called, elected, and appointed), as shall be necessary to facilitate the mission of the Presbytery/Mission Unit in accordance with Paragraph 3. below. The duties and responsibilities of the other staff shall be delineated in a position description developed by the presbytery/mission unit, in consultation with and approved by the Synod, through its Mission Personnel Committee. Such staff shall be employees of the Synod, subject to the Synod Personnel Policies and Procedures Manual, and shall be subject to supervision and direction by the executive presbyter. The process for terminating the services of other called/elected staff shall be the same as those delineated in Section 1 b. above. The process for terminating the employment of appointed staff shall be in accordance with the Synod Policies and Procedures Manual.

3. Staffing. The Presbytery/Mission Unit and the Synod will establish the positions and respective position descriptions, responsibilities, hours and assignments of the executive presbyter and the other staff assigned to the Presbytery, according to the Synod Personnel Policies and Procedures Manual. This may provide that the executive presbyter and other staff may be full-time or part-time and/or that their services may be shared with other presbyteries or with the Synod, itself.

4. Salaries and Benefits. Salaries and benefits for all employees provided for in this Agreement shall be established by the Synod, in accordance with the Synod Personnel Policies and Procedures Manual. The Synod will consult with and inform the presbyteries/mission units of proposed salary ranges and benefits through the participation of their respective Synod Commissioners and Presbytery/Mission Unit Personnel Committee Chairs in the meetings of the Synod Mission Personnel Committee. However, any changes to existing salaries and benefits affecting employees provided to the Presbytery/Mission Unit pursuant to this Agreement shall be made only in accordance with the Synod Personnel Policies and Procedures Manual. Any requests for exceptions to this process must be made in writing to, and approved by, the Synod Mission Personnel Committee.

5. Term and Termination. This Agreement shall commence on January 1, 2004 and will continue in full force and effect until terminated by either party giving a minimum six months written notice to the other party, or in the circumstances as described in the last paragraph of Section 1 b. above. Upon the expiration of such notice, this Agreement will be of no further force and effect. If it is the desire to terminate this Agreement, an effort should be made to effect the termination at the end of a calendar year.

IN WITNESS WHEREOF, this Agreement is made and entered into as of the date first above written.

THE PRESBYTERY OF SACRAMENTO
By Name/Title: // Elizabeth Groelle, Stated Clerk


THE SYNOD OF THE PACIFIC
By Name/Title: //Helen Engeseth, Moderator, Mission Peresonnel Committee

Revised October 11, 2003
Executed February 28, 2004
 

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