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<br /> 2 <br />DRAFT <br />9/12/12 <br />3.1 The incumbent Executive Director for the Authority shall be the Executive Director <br />for the Energy Council and the various terms and conditions of the Executive <br />Director’s employment shall remain in effect independent of the this MOU. <br />3.2 The Energy Council has, through its Rules of Procedure, designated and conveyed to <br />the Executive Director the administrative powers, responsibilities and authorities <br />required of the position. <br />3.3 The Executive Director will organize and manage staff and resources in a manner so <br />as to optimally carry out Authority and Energy Council programs within the fiscal <br />limitations imposed by the funding received by the Energy Council. <br />3.4 Both the Authority and Energy Council recognize that the schedule of Authority, <br />Energy Council and committee meetings may impose inordinate demands upon the <br />Executive Director’s time, and accordingly the Authority and Energy Council <br />authorize the Executive Director to utilize professional level staff in a manner which <br />may best facilitate meetings and the conduct of business by both parties. <br />3.5 As the Chief Administrative Officer for the Authority and the Energy Council, it shall <br />be solely the Executive Director’s responsibility to provide direction to staff in <br />carrying out the policies and programs adopted by the Authority and by the Energy <br />Council. <br />3.6 The performance of the Executive Director shall be evaluated by the Authority in <br />accordance with the provisions of an employment agreement. <br />4. Personnel Administration <br />4.1 A major purpose of this MOU is to facilitate the most cost effective joint use of <br />personnel and other resources which may be required by the Authority and the Energy <br />Council. <br />4.2 The Executive Director shall employ and assign work to staff based upon <br />organizational plans, budgets and policies previously approved by the Energy Council <br />Board. <br />4.3 Personnel policies, procedures and regulations shall be uniform and consistently <br />applied throughout the organization. Any such policies, procedures and regulations <br />adopted and previously implemented by the Authority at the time of execution of this <br />MOU, shall remain in effect until later modified. <br />4.4 All regular and limited term staff employed, regardless of work assignment, shall be <br />considered employees of the Authority, and shall have available to them the same <br />benefits, group plans and other programs as are available to other employees of the <br />Authority. <br />4.5 Notwithstanding other provisions regarding personnel administration, the Energy <br />Council may at its option retain legal counsel independently of the Authority or may <br />use the services of the Authority’s counsel pursuant to this MOU.