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HomeMy WebLinkAboutAgenda - 08-17-2010 - 4kORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 17, 2010 Action Agend Item No. ~ - k SUBJECT: Amending the County Attorney's Employment Agreement DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No ATTACHMENT(S): County Attorney Employment Agreement Policy 0470 (Attachment "A" to Contract) INFORMATION CONTACT: Annette Moore, 245-2317 PURPOSE: To amend the County Attorney's Employment Agreement to allow for increased leave accrual. BACKGROUND: In April 2009 the Board of County Commissioners brought the position of Orange County Attorney in-house after decades of contracting with outside counsel to perform the responsibilities of county attorney. The Board of County Commissioners entered into an Employment Agreement with John Roberts at that time. The Agreement permits annual negotiation of the salary paid to Mr. Roberts and requires a salary negotiation at the conclusion of the first year's employment. Due to budget constraints facing Orange County and the County Attorney's office, Mr. Roberts did not request a salary increase at the conclusion of his first year of employment and instead requested an increase in the vacation leave accrual rate. The attached Agreement amends the vacation leave rate but makes no other substantive changes to the Agreement. The change would provide the County Attorney with a vacation leave rate consistent with that of an employee with ten years of County service. This change would only apply to the vacation leave rate and would not apply to other benefits such as retirement credit, health, medical insurance benefits, or longevity pay. Once the County Attorney reaches ten years of actual services benefits will accrue at the same rate as other County employees with a similar length of service. Staff Attorney Annette Moore has reviewed the Agreement to protect the County's interests in the matter. FINANCIAL IMPACT: There is no direct financial impact. RECOMMENDATION(S): Approve the Employment Agreement. 2 ORANGE COUNTY NORTH CAROLINA EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT, made and entered into this the 17th day of August, 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 John Roberts, hereinafter called "Employee", party of the second part: WITNESSETH WHEREAS, County desires to appoint the Employee as County Attorney of Orange County as provided by NCGS 153A-114; 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 as provided in §§ NCGS 153A-25, 153A-92 and 153A-93; and WHEREAS, the Employee desires to accept appointment as County Attorney 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 appoint the Employee as the County Attorney 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 A. The Employee's date of appointment as full-time employee having commenced on April 23, 2009, 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. B. The Employee's appointment shall continue for an unspecified term of service subject to the provisions of Sections 4, 5 and 6 of this Employment 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. C. 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 termination by the Board of the Employee without cause shall be subject to the terms and conditions of Section 4(B). Page 1 of 5 3 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 provided for in the Orange County Personnel Ordinance whether such misconduct occurs on or off the job or any felonious act committed by Employee. SECTION 4: TERMINATION/SEVERANCE A. During the term of his appointment Employee shall serve "at will" as the County Attorney subject to the terms and conditions of this Employment Agreement. B. This Employment Agreement may be terminated for acts by Employee constituting cause as 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. C. 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, at the then current salary rate, and health, dental and life insurance coverage for the same period, plus payment for any accumulated vacation leave 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 his position with the County the Employee shall give the County forty-five (45) days written notice in advance of such resignation. In the event of such resignation and the Employee having given at least forty-five (45) days written advance notice, the Employee shall be entitled to be paid for any accumulated vacation leave 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 forty-five (45) 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 Attorney, the County shall then have the option to terminate this Employment Agreement subject to the severance provisions as outlined in Section 4B above. Page 2 of 5 4 SECTION 7: SALARY Employee will be paid a base annualized salary of $115,000.00, which shall accrue and become payable to the employee in installments 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, as a percentage, 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, as a percentage, than that of other county employees, such adjustment must be in the form of an amendment to this Employment Agreement. SECTION 8: HOURS OF WORK As County Attorney of Orange County, 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, save and except budget work sessions, of the Board, unless excused by the Board Chair. It is further agreed and understood that the position of County Attorney 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 office hours set out above to account for time beyond the normal work day spent at meetings or otherwise occurring outside normal office hours as described above, however, such flexible adjustment shall not interfere with the performance of the duties of the County Attorney's office. SECTION 9: VACATION, HOLIDAYS, and SICK LEAVE Employee shall have the same holiday schedule as for other County employees. Employee will be credited for vacation leave from the period beginning July 1, 2010, going forward at a rate consistent with employees of the county with ten (10) years service. It is understood and agreed bythe-Parties that the leave benefit rate provided to Employee consistent with a county employee with ten (10) years service shall apply to vacation 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 beyond that which Employee normally accrues. Should Employee reach ten (10) years actual service with Orange County Employee shall then accrue vacation leave at the same rate as other county employees with the same length of service from that point forward. All other types of leave shall be accrued at the same rate as for other County employees with similar length of service. SECTION 10: OTHER BENEFITS A. Employee shall have access to and enrollment in the dental, health, and life insurance provided to other full time employees of County. Any coverage available to family members of full time permanent county employees shall be made available to the family members of the Employee in the same manner and with the same cost sharing, as amended from time to time, as with all other full time permanent county employees. Employee will be covered by the Family and Medical Leave Act, workers' compensation insurance, death benefit and any other benefit offered by the County to the Clerk to the Board of Commissioners and the County Manager. Page 3 of 5 5 B. The Employee currently maintains a 401k/457 supplemental retirement program. 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. C. 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 conferences, seminars and professional development courses including but not limited to the bi-annual meetings of the North Carolina Association of County Attorneys and other similar state and local educational opportunities. For purposes of this section expenses shall include travel, hotel or motel and subsistence expenses such as lodging, registration, and meals. Out of state travel and expenses shall be reimbursed only if written authorization by the Board Chair is secured prior to such out of state travel. County shall additionally pay for professional memberships for Employee related to Employee's occupation. D. A County-owned laptop computer and aCounty-owned cellular telephone will be made available to Employee, at County expense, for Employee's use for County business. SECTION 11: RETIREMENT Employee will continue to 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 Orange County Policy Number 0470, which is attached and is hereby incorporated by reference, dealing with indemnification of County Employees shall apply to the County Attorney and Employee shall be included in the General Liability and liability and public official errors and omissions insurance coverage. 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 Attorney. 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, Page 4 of 5 6 provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Employment Agreement or any applicable law. A. During the Employee's employment as County Attorney, the Employee shall reside in and maintain a residence within Orange County. SECTION 15: GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. B. This Employment Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Employment Agreement shall become effective the date first above recorded. D. 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. E. 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. F. The laws of the State of North Carolina shall govern all aspects of this Agreement. In the event that it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Orange County, North Carolina. 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 John Roberts Chair, Board of County Commissioners 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 5 of 5 7 • POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: September 28, 1981 NUMBER: A:0470 EFFECTIVE DATE: September 28, 1981 REVISIONS: POLICY• LEGAL DEFENSE OF COUNTY EMPLOYEES AND OFFICERS The County will provide for the defense of employees and officers in any civil or criminal action or proceeding brought against the individual either in his or her official or individual capacity on account of any acts done or omissions made or any act allegedly done or omission allegedly made in the scope and course of employment or duty as an employee or officer of the County. The County will also make payment of any claim or civil judgment not involving actual fraud, corruption or actual malice on the part of the employee against whom the claim is made, to the dollar limits of insurance coverage and for the risks covered by policies of insurance in effect. This policy shall also include the payment by the County of any deductible existing on any such policy of insurance when such retainage is applied by the insurance carrier to the payment of any claim made or civil judgment entered against any employee. • 8 �.. � 2. 3• 4• rmu� 5• se�e� Ze. �si 6. T• 7be �raux�e CbuntY Bcnxd of�dseiawss met in aegular e�oei,oa . 8• Cn M�l. �' 28. 1981, at 7:30 P.li, ia the 4�amiisaio�ca' lba►, 9• O�a�,'�o�tY�u�t��ot�ae� H3.11�1_?;h� 2�Lth CeLOl.3na. 10. p�ssi�a�zs p�nt: mmi�oner A�me Baau�. �air, avd Ova- 11. mtsei�a�'s Dlox�rsn(#�stave�cn. �Tanoeai�r. Ric2tintd ltiitted. �d Dan 12. Nillhoit. �3• Aqa,an Zt�1: Hons�d moaifi.ant3st►og the ager�es �� �3mar Bernes aske+d ttLnt tbe e�amcullve selaslan fo1Zt�►tt►e 9�eriff's 15• �amd adcY.�rea�d Aemxds' c�Faamnisafooer I�iilhoit ad3ed� ibea�.m tb� �ettlth eor�nd. 16. • �� Itsa 2s �a�di�ne pnaiseits 17. �ere we=e rn me�hex�oE tt�e anadiane�o deaisad bo a�ees the 18. Hons+3. aoamissiooer�s ualc�ad t3qee mahccs a� tl�e arage oarny 19. Bonx+ds of Adju�a�t and v],�r►inq.d�o waia.pxe�t 8oz Mr. r.t�rn,�i��9 �• disn�ssion m the�ec5a1 IIee Peimits. 21. p� Itm 3: � 22. mmni.eeicoQr q�etaveson avwd, eeoa�Y.+d bY Qamad�iaier ytfitted. �3• tl,e appxaval of t3�e tzinutea o!august s, ].987., as aos�+ei.-tsd. vbue: l�s, 2�• 5s ir.as, 0. 2�i� � �mi.aaioner�no�ed, sr�cuided by�Saner Q�stnveean► ti�e ''26. App��of �e Miasrt� of Auguat 1B► 1981r as s�+ittad. 4bbs: Ayea. Ss 27. �� p_ 28. p�esscoer it�ittea mcNed, aeoaoaed by�ois�Ba�as, tte �9• a[�uoval of tLe lsiefub■s a�9eptamhex 2. 1981, as submitted. Wtes AyeB. �• 5� i�oea, 0. 31. pp�te9imhr t�Littiaci moued, seooneaa by Q�tnissianer c�tstaveem, the �• a�moval� the Mi:u�of the 10:00 A»M. nr�eti�a� se�p�tmibar 8. 1961, 33. aa �snit-Ged. vbte: ng�ps, s: noea, o. �• �Haa�ee moc�ed, eeoo�d�ed bY.Qamiaet+�er lttitbed. t}�e 3�• �GDVB� G� t�lB ZLtLt1lY:EiB Of�+^ �.Ss ��� d9 �tibEd. I�OtiEi �i86� 36• s: roes. o- 37. �c�a,d, ic� a= ra�e�r�or,a� speci.al.t�e Pe�at s�,,,-�,...Q. i 3g• mr. Gle3iil.1., tne OomtY llttozneY. -`�'?c�7ai�d t�_Pxvoac�u��'t�o1�►�9 I 39. � - � �. I . ... 5. - 2.= 3• ~' to be kept in8osmad of aot3vl with tY too this bill. Wte: Ayes, s~ 4; noes, 0. 6. ~e Hoard also asked that the letter be ~ to our Isgislatioe 7. del,egatioA aid too Iita AYuoclc. with a none xe~tnq ~ 1376. ttlmdiag for 8' senior 4tt~is' 1. 4 • Age;da Itxm 13: Fiaaooe Officer A xEs on Stattus 10. ~ 11. ~~Fi~~oa OEi3aer aai~l the Oounty had just x~ivad a $1,000.000 12. Guaat far the Oonnty'a 8aa11 Cities Pnogrea and had xeoaivad •~-~i~^•tioa . 13. of S1fr7, 063 i+or (EA II-B fundis;g. Site said the Pm]~t Ivy aPFeaYed . 1~. to be; Saxthooodrig. 7lfe Finat;ae Odfirsr.neiqu~ed eoazd auhhoriaatian tp 15. iprxs °CPm~a to these peogzma: in aaticipatian of ~ tl;e d:edcs fuz the 16. foods ~ received. 1T. Oomaiasiotiar ltiitted aowd, aeaandad by eamiseiaoer ciattaveacn, to 18. the sionii~ and to authorise tie stab to incur agxnma and 14. to M~*+~ the Qyair do esacutiw ead- aoc~ontb aeaodated frith 2Q. those P gsaats as nsoessaxY• Vt:tes liyea, 4; ~. a. 21. _ agenan,Itm 1~: CBTA Psoject Ocdintinoe 22. Oomaisaiarse tt:ittied marod,- aeaandad by a®isaianer ~tillhb~it, to apptovts g3~ the CB~1 0sdinanc~ as suhmittsd by tin Fit1'lfOS OffiC+e!r twee pose p4~ or this Hoax). vbdes aoros. 4s npee, 0. 25. 2b. 2T. 2$. ~~ Item ]S; Authorlsattoa for Defense of Bm cars and A r r s ono node 29. ~a 'udem~WCltii~as Hat Bm ee or, ear 3~. . 3l• The County Attorney brought to the Board's attention the fact that 32• lawsuits arise from time to time against County employees or adfieers in 3~• the Performance at their d+dieL He tecomniended Hoard action to ratify ~i- earlier action Oy the Hoard authorizifig the Cwnty to. Peoyide for the 3_. 3~ 3 3 3 4 9 ~~ 10 2. - . 3. 4• . 5. 6. T~ . 8.'defenae of .employees and officers in civII a criminal aetlons or proceedings 9. brought aga~hist employees and ofl,icaa an account of acts done a omiastais 10. made In the scope and course of employment or duty as an employee a 11. officer of the County. l3a also raoomn-~-Board aetioo to ratify its 12. previous authoriaatiae to pay claims and judgments autsred against Comfy 13. employees in certain s[tuatiaos. 14. Comwisaioner llbitted moved that the Board ratify and aeafitm its 15. autborization to the County to provide for the defense of emplogees and 16. officers in any civII a erimioal action or proceeding brought against the 1T. emWoyee either in hie or her otfioiel a individual oepscity m account of 18. any -sofa dose as omissions made a any act ariegadly done a omission 19. aIIegedly made in the scope and eonrsa of employment or duty as an 20. employee . or officer as the C-owity. Com~ana ~lhittea fartbar n-oved 21. that the Board ratify its e>atharlsation of tlw payment by the Connty of anvq 22. claim or civil jadgmont not involving actust fraud, caraption a aatusl 29. malice oa the part of. the employee against xhom the claim is madey bo the 2l1. dollar Sraits of insurance ooveeage sad far the risks covered by pWiaies ai 25. 26. insurance in efteet from time-to-time. Th[s ~thorisat[on sbaB a19o ine4~de 2T. the payment by the County of any "tetainagd~ (deduetaWe) ezisting oa air 28. such policy of insurance xhen such rat:inaga is applied by the insurance 29. carrier to the payment of any claim made ar dvII judgment entered. against any employee. 30. Commissioner Gustaveson seconded the motion- 31. Votes Apes. 4; Nava, 0. 32. Tne Clerk was thereupon directed to melee thin lotion of the Hoard 33• ' avaffable far public inspection. 3LF- 35. 36. 37. 38. 39. 4~• - •~ -! To: Department Heads From: Beverly Blythe C~ Date: July 20, 2044 Re: Policy y?D °Gvt~ v~ Y ~Z-~-~ 7-di-~ We aze in the process of updating our policy manual and need your help. Enclosed you will find policy/policies that were generated by your department. We need to know which ones aze still enforced and which ones are no longer valid. Please go through these policies, write on them if they are still in erect and which ones can be deleted, return to Evelyn Cecil no later than August 15, 2000 Your help will be greatly appreciated 1