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HomeMy WebLinkAboutRES-2009-022 County Attorney Appointment Resolutiony- ~= o~ 36 NORTH CAROLINA RESOLUTION ORANGE COUNTY WHEREAS, N.C. Gen. Stat. § 153A-114 provides the Board of Commissioners shall appoint a county attorney to serve at its pleasure and to be its legal advisor; and WHEREAS, G.S. § 153A-25 provides the Board of Commissioners may fix qualifications for any appointive office, including a requirement that a person serving in such office reside within the county; and WHEREAS, N.C. Gen. Stat. §§ 153A-92 and 153A-93 provide the Board of County Commissioners shall fix or approve the pay, expense allowances, and other compensation of all county officers and employees, whether elected or appointed and may provide for enrolling county officers and employees in the Local Government Employees' Retirement System or other retirement plan and may make payments into such retirement system or plan on behalf of its officers and employees. NOW, THEREFORE, BE IT RESOLVED that: 1. John Roberts is appointed Orange County Attorney effective Apri123, 2009. Mr. Roberts shall be an Orange County employee and serve at the pleasure of the Board of County Commissioners as provided bylaw. 2. In consideration of the public service provided to Orange County by Mr. Roberts, pursuant to N.C. Gen. Stat. §§ 153A-25, 153A-92 and 153A-93, Mr. Roberts will receive the following compensation and other consideration: a. an annual salary of $115,000.00 payable on the same schedule as other County employees. b. From the date of his appointment, Mr. Roberts will be eligible for employee benefits including: disability, health, life, medical and dental insurance paid by the County on behalf of Mr. Roberts. Any such coverage available to the family members of full time, permanent County employees shall be made available to the family members of Mr. Roberts in the same manner and with the same cost sharing and as amended from time to time, as with all other full time, permanent County employees. The disability, health, life, medical and dental insurance coverage will be provided effective May 1, 2009, the first day of the first month following Mr. Roberts' employment with the County. • Mr. Roberts now participates in the North Carolina Local Government Employees' Retirement System. His participation in that retirement system will continue with the County matching the contributions of Mr. Roberts as with all other full time, permanent County employees. Mr. Roberts may participate in either or both of the County's 457 and 401(k) plans. The County will make a contribution on behalf of Mr. Roberts to the County's 401(k) plan according to the County's adopted formula for all other full time, permanent County employees and as that formula is amended from time to time. Mr. Roberts will be covered by the Family and Medical Leave Act, workers' compensation insurance and any other similar benefit offered by the County to the Clerk to the Board of Commissioners and the County Manager. A County-owned laptop computer and aCounty-owned cellular telephone will be made available to Mr. Roberts, at Orange County expense, for Mr. Roberts' use for County business. • The County will pay for expenses related to Mr. Roberts' continuing professional development. Professional development includes attending national or State conferences, seminars, and/or continuing legal education. The County also will pay for professional memberships for Mr. Roberts in such organizations as approved by the Board and Mr. Roberts. The County will pay or reimburse Mr. Roberts' expenses of registration, travel, meals and lodging in association with professional development and professional membership conferences and meetings. The amount paid by the County fot professional development, professional membership and related expenses shall be no more than that approved for those purposes annually in the County budget. • Mr. Roberts will be credited with 5 days vacation leave at his appointment and will accrue annual vacation and sick leave at the same rate as other full time, permanent County employees; he will be eligible to take the same paid holidays as other full time, permanent County employees. 3. Mr. Roberts must relocate to Orange County and become a resident of Orange County within 9 months of his appointment. This relocation deadline- maybe extended for up to 3 months upon approval by the Board, in recognition that Mr. Roberts has made and continues to make reasonable efforts towards relocation and has provided evidence satisfactory to the Board of these efforts. The County will reimburse Mr. Roberts for reasonable, actual, out-of-pocket expenses associated with his relocation, in an amount not to exceed $5,000.00. These expenses include packing, moving, storage, insurance, unpacking and temporary housing if necessary. Mr. Roberts agrees to obtain quotes from recognized moving companies in order to relocate to Orange County and agrees to select the lowest responsible and responsive proposal for the relocation services. 4. Within the first 30 days after Mr. Roberts' appointment, the Board of Commissioners will meet with Mr. Roberts in order to discuss and adopt a performance plan of priorities, goals and objectives for the first 12 months after his appointment for him and the office of the County Attorney. This meeting will be facilitated by The Mercer Group. The Board will meet with Mr. Roberts and conduct a first performance review within 6 months after the date of his appointment. This review may occur at an earlier time or a later time, not more than 9 months after the date of Mr. Roberts' appointment, at the Board's election. Mr. Roberts' salary will be subject to review and merit consideration no later than his appointment first anniversary and annually thereafter. As part of the annual performance review the Board and Mr. Roberts will discuss and update the performance plan and the annual compensation paid to Mr. Roberts. 5. If the Board terminates the at will appointment of Mr. Roberts as County Attorney within 6 months of his initial appointment or within 9 months if the Board elects to delay the first performance review with Mr. Roberts beyond 6 months, Mr. Roberts will receive no termination or severance compensation. His compensation and benefits will, upon such termination, be paid and terminated in the manner as all other full time, permanent County employees. 6. In the event the Board terminates the at will appointment of Mr. Roberts, other than as provided in paragraph number 5, for reasons other than personal misconduct as defined in the Orange County Personnel Ordinance, Mr. Roberts will receive a lump sum payment equal to 4 months of his then current annual salary plus an amount equal to the value of accrued leave (but not sick leave) at the time of the termination. 7. Mr. Roberts will provide Orange County with 45 days' notice of his intent to resign should he decide to do so. Mr. Roberts will receive no termination or severance compensation should he resign. His compensation and benefits will, upon his resignation, be paid and terminated in the manner as all other full time, permanent County employees. 8. The County has a policy, Policy Number 0470, providing generally for the defense of and indemnification of County employees. A copy of Policy Number 0470 is attached hereto and incorporated herein by reference. The County has comprehensive general liability and public official errors and omissions insurance coverage. The County's liability and public official errors and omissions insurance coverage includes coverage for the County Attorney as provided in those insurance policies. Approved by the Board of Commissioners of Orange County upon motion duly made and seconded this ~ day of , 2009. .w ~ i _ s~ /1 _ ~/I Ayes: Noes: -~~i._ Z I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on ~ 7(~ ~ as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the Minute Book of the Board. WITNESS my hand and the seal of said County, this ~ day of , 2009. Clerk o the Board of Commissioners Attorney.doc