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HomeMy WebLinkAboutAgenda - 10-06-2009-1aG ~ ^~ ~ -~- ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 6, 2009 Action Agenda Item No. ~-'~ o~ SUBJECT: Employment Agreement for Frank Clifton-Oran a County Manager DEPARTMENT: Commissioners/Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): (Under Separate Cover) INFORMATION CONTACT: Valerie Foushee, Chair, 245-2130 Terms of Employment Agreement of Frank John Roberts, 245-2318 Clifton as Interim Orange County Manager PURPOSE: To confirm the terms of an employment agreement with Frank Clifton as Orange County Manager. BACKGROUND: The Board of Commissioners appointed Mr. Clifton as Interim Manager in June, following the resignation of then manager, Laura Blackmon. The other elements of compensation and aspects of Mr. Clifton's appointment are resolved in the attached Employment Agreement. FINANCIAL IMPACT: Funding for the pay and benefits for the County Manager for the 2009-10 fiscal year are included in the BOCC 2009-10 budget. RECOMMENDATION(S): It is recommended for the Board to approve the terms of the employment agreement for Frank Clifton as Orange County Manager. ORANGE COUNTY NORTH CAROLINA EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into this the 6th day of October, 2009, by and between the County of Orange, a body politic and corporate of the State of North Carolina, hereinafter called "County", party of the first part, and Frank W. Clifton Jr. hereinafter called "Employee", party of the second part: WITNESSETH WHEREAS, County desires to employ the services of the Employee as County Manager of the County of Orange as provided by NCGS 153A-81; and WHEREAS, it is the desire of the Orange County Board of County Commissioners, hereinafter called the "Board", to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, the Employee desires to accept employment as County Manager of said Orange County, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1: DUTIES County hereby agrees to employ the Employee as County Manager of Orange County to perform the functions and duties specified in NCGS 153A-82 and to perform other legally permissible and proper duties and functions as the Board shall from time to time assign. SECTION 2: TERM A. The Employee's date of full-time employment will begin October 6, 2009. The Employee will be required to work a 90 day probationary period, as outlined in Paragraph B, below. The Employee's employment shall continue for an unspecified term of service subject to the provisions of Sections 4, 5 and 6 of this agreement or any amendment or mutual agreement approved by both parties. Such amendment or mutual agreement must be in writing in the form of an Amendment to this Employment Agreement and signed by both parties. B. The Employee will be required to work a 90 day probationary period. The employee may be dismissed without cause during this 90 day period, which will end on January 4, 2010. If the Employee is dismissed with or without cause for any reason during this probationary period, he will be entitled to be paid only for all unused accumulated sick and annual leave and shall not receive the benefit of the severance provision as set out in Section 4B. Page 1 of 6 SECTION 3: SUSPENSION County may suspend the Employee without pay and benefits at any time during the term of employment, but only if a majority of the Board votes to suspend Employee for cause, provided, however, that Employee shall have been given written notice setting forth any charges at least ten (10) days prior thereto by the Board members bringing such charges. The County may suspend the employee with pay without notice at any time. For purposes of this Employment Agreement cause shall include misconduct as defined in G.S. 96- 14(2) whether such misconduct occurs on or off the job, any felonious act committed by Employee, or an act punishable under the "reasons of personal conduct" clause as defined by the Orange County Personnel Ordinance. SECTION 4: TERMINATION/SEVERANCE A. This Employment Agreement may be terminated for acts by Employee constituting cause as cause is defined in Section 3 and subject to the same process as set out in Section 3. In the event this Employment Agreement is terminated for reasons set out in this section, prior to its designated term, the Employee shall not be entitled to, nor shall County have further obligation to pay, Employee's salary or benefits as described in Section 7. B. Should the Board of County Commissioners decide for any reason other than those described and set out in Section 3 (above) to end the employment of the Employee following the probationary period, the Employee shall be entitled to: Three (3) months full salary and health, dental and life insurance coverage for the same period, plus payment for any accumulated sick leave and vacation time the Employee earned and accumulated within the period the Employee was an employee of Orange County, if the Employee is terminated on or after January 5, 2010 but prior to January 5, 2011. Four (4) months full salary and health, dental and life insurance coverage for the same period, plus payment for any accumulated sick leave and vacation time the Employee earned and accumulated within the period the Employee was an employee of Orange County, if the Employee is terminated on or between January 5, 2011 and January 4, 2012. Five (5) months full salary and health, dental and life insurance coverage for the same period, plus payment for any accumulated sick leave and vacation time the Employee earned and accumulated within the period the Employee was an employee of Orange County, if the Employee is terminated on or between January 5, 2012 and January 4, 2013. Six (6) months full salary and health, dental and life insurance coverage for the same period, plus payment for any accumulated sick leave and vacation time the Employee earned and accumulated Page 2 of 6 within the period the Employee was an employee of Orange County, if the Employee is terminated on or after January 5, 2013. SECTION 5: RESIGNATION In the event Employee voluntarily resigns his position with the County the Employee shall give the County ninety (90) days written notice in advance of such resignation. In the event of such resignation and the Employee having given at least ninety (90) days written advance notice, the Employee shall be entitled to be paid for any accumulated sick leave or vacation days earned but not taken but shall not be entitled to the severance benefit as set out in section 46 above. At its sole option, the County has the right to waive this ninety (90) days written notice provision if it so chooses. SECTION 6: DISABILITY If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity or another health related issue and is unable to continue to perform the essential duties of the position of County Manager, the County shall then have the option to terminate this Employment Agreement subject to the severance provisions as outlined in Section 4B above. SECTION 7: SALARY Employee will be paid an annualized salary of $161,200, payable on the same schedule as for other County employees. Changes to Employee's compensation shall be administered in a manner similar to other county employees subject to an evaluation process administered by the Board of County Commissioners. SECTION 8: HOURS OF WORK As County Manager, the employee is expected to maintain office hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. Additionally, Employee shall attend all meetings of the Board. It is further agreed and understood that the position of County Manager is exempt from the overtime provisions of the Fair Labor Standards Act under the Executive Exemption. It is understood that the Employee will periodically adjust regular work hours to account for time beyond the normal work day spent at meetings occurring outside normal office hours as described above, however, such adjustment shall not interfere with the performance of Employee's duties. SECTION 9: VACATION, HOLIDAYS, and SICK LEAVE Employee shall have the same holiday schedule as for County employees; Employee will be credited for vacation time and sick leave from the period beginning June 15th, 2009, going forward at a rate consistent with employees of the county with ten (10) years service or more. It is understood and agreed by the Parties that the leave benefit rate provided to Employee consistent with a county employee with ten (10) years service shall apply to vacation and sick leave only and shall not apply to, nor be construed as granting Employee, any retirement credit, retirement health or medical insurance benefit, or longevity pay benefit. Page 3 of 6 SECTION 10: OTHER BENEFITS Employee shall have access to and enrollment in the dental, health, and life insurance provided to general full time employees of County. Employee will have the use of a county vehicle for county business only. A County-owned laptop computer will be available to Employee for his use for County business at the expense of the County. The County shall reimburse the Employee a monthly fee of twenty-five ($25) for his maintenance and use of a personal cell phone (PDA) for county related business on a twenty-four hour basis. The Employee currently maintains a 401k/457 supplemental retirement program with the International City Management Retirement Corporation (ICMARC). The County shall authorize and participate in that plan to the Employee's benefit at the same rate and under the same conditions as the County currently or in the future may participate on the behalf of other county employees. To assist in the relocation of the Employee's permanent residence to Orange County, the County agrees to reimburse the Employee or pay up to $5,000 of invoiced, direct expenses associated with the Employee's move to Orange County; these expenses are limited to packing, moving, storage , insurance, and unpacking. During the Employee's employment as County Manager, the Employee shall continue to reside in and maintain a residence within Orange County. ,> To encourage the Employee's continued professional awareness and education, the County agrees to authorize expenses annually within the county's approved budget toward the Employee's attendance at scheduled meetings of the North Carolina and International Associations of City/County Mangers, the North Carolina Association of County Commissioners and other training opportunities of benefit to the Employee's role as County Manager. SECTION 11: RETIREMENT Employee will participate in the North Carolina Local Governmental Employees Retirement System, with the County contributing the employer's share to that retirement program at a rate consistent with other county employees. Notwithstanding the provisions of Section 9 above, should Employee reach ten (10) years of .actual service then Employee shall be entitled to any retirement or health benefit or longevity pay benefit that is, at that time, available to other County employees with ten (10) years service. SECTION 12: INDEMNIFICATION In addition to that required under>state and local law, County shall defend, save harmless, and indemnify Employee against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as County manager. County reserves the right to, in its discretion, compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Page 4 of 6 This Section shall not apply to any acts or omissions by Employee that are deemed to be gross negligence on the part of the Employee, nor shall this Section apply to any intentional or willful acts of misconduct by the Employee. SECTION 13: BONDING County shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. SECTION 14: OTHER TERMS AND CONDITIONS The Board, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Employment Agreement or any applicable law. The employment provided for by this Employment Agreement shall be the Employee's sole employment. SECTION 15: GENERAL PROVISIONS The text herein shall constitute the entire agreement between the parties. This Employment Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. This Employment Agreement shall become effective commencing October 6, 2009. During the term of his appointment Employee shall serve "at will" as County Manager subject to the terms of this Employment Agreement. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Employment Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, County has caused this Employment Agreement to be signed and executed in its behalf by its Board Chair, and duly attested by its Clerk and sealed with its corporate seal, and the Employee has signed and executed this Employment Agreement in duplicate Originals. COUNTY BY: EMPLOYEE Valerie P. Foushee Frank W. Clifton Jr. Chair, Board of County Commissioners Page 5 of 6 ATTEST: CLERK: [SEAL] Donna Baker This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Page 6 of 6