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HomeMy WebLinkAbout2010-134 BOCC - Clerk to the Board, Donna S. Baker, Employment Agreement ORANGE COUNTY EMPLOYMENT AGREEMENT NORTH CAROLINA THIS EMPLOYMENT AGREEMENT, made and entered into this the 15th day of June, 2010, 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 Donna Baker, hereinafter called "Employee", party of the second part: WITNESSETH WHEREAS, County desires to employ the services of the Employee as Clerk to the Board of Commissioners of Orange County as provided by NCGS 153A-111; 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 Clerk to the Board of County Commissioners 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 Clerk to the Board of County Commissioners of Orange County to perform all legally permissible and proper duties and functions as the Board shall from time to time assign. SECTION 2:TERM The Employee's date of full-time employment having commenced on June 17. 2002, the Employee is and will continue to be subject to appointment and reappointment at the annual organizational meeting of the Board of County Commissioners, generally the first regular meeting in December. 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. Nothing in this Employment Agreement shall limit or otherwise interfere with the right of the Board to terminate the services of the Employee at any time with or without cause. However, any Page 1 of 5 termination by the Board of the Employee without cause shall be subject to the terms and conditions of Section 4(B). 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, the Employee shall be entitled to: 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. SECTION 5: RESIGNATION In the event Employee voluntarily resigns her 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 4B 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 Page 2 of 5 of Clerk to the Board of County Commissioners, the County shall then have the option to terminate this Employment Agreement subject to the severance provisions as outlined in Section 46 above. SECTION 7: SALARY Employee will be paid a base annualized salary, of which as of June 2010, the current salary is$84, 898, 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. If Employee is to receive a salary adjustment equal to adjustments received by all county employees such adjustment, in the form of an increase, may be granted without amendment to this Employment Agreement. If Employee's salary adjustment is in the form of a decrease or an increase greater than that of all county employees, such adjustment must be in the form of an amendment to this Employment Agreement. SECTION 8: HOURS OF WORK As Clerk to the Board of County Commissioners, the employee is expected to maintain office hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. Additionally, Employee (or her designated deputy clerk) shall attend all meetings of the Board, unless excused by the Board Chair. It is further agreed and understood that the position of Clerk to the Board 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 shall accrue vacation and sick leave at the same rate as any employee subject to the Personnel Ordinance who has the same or similar number of years of service to Orange County. 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. If 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. During the Employee's employment as Clerk to the Board, the Employee shall continue to reside in and maintain a residence within Orange County. Page 3 of 5 To encourage the Employee's continued professional awareness and education, the County agrees to authorize expenses annually within the county's approved budget, with the amount subject to the availability of funds, toward the Employee's attendance at conferences, seminars and professional development courses including but not limited to the bi-annual meetings of the North Carolina Association of Municipal Clerks and other such state and local educational opportunities. For purposes of this section expenses shall include travel and subsistence expenses. Out of state travel and expenses shall be reimbursed only if written authorization by the Chair is secured prior to such out of state travel. 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. 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 Clerk to the Board. 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. This Section shall not 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. Page 4 of 5 This Employment Agreement shall become effective the date first above recorded. g During the term of her appointment Employee shall serve "at will' as the Clerk to the Board 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. This Employment Agreement may be amended from time to time by the Parties hereto and shall be effective when reduced to writing and signed by both Parties. 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 Deputy Clerk and sealed with its corporate seal, and the Employee has signed and executed this Employment Agreement in duplicate Originals. COUNTY EMPLOYEE BY: �-- Valerie P. Foushee Donna Baker Chair, Board of County Commissioners ATTEST: [SEAL] 17 52 4==°nth cat0*- a This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Page 5 of 5