HomeMy WebLinkAboutAgenda - 05-17-2011- 5oORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 17, 2011
Action Agenda
Item No. ~J' -~
SUBJECT: County Attorney Employment Agreement Amendment
DEPARTMENT: County Attorney
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
(A) County Attorney Employment
Agreement Amendment
INFORMATION CONTACT:
John Roberts, 245-2318
PURPOSE: To amend the Employment Agreement governing the terms and conditions of the
County Attorney's employment.
BACKGROUND: On March 22, 2011 the Board of County Commissioners met in closed
session for the County Attorney's annual review. After a discussion with the attorney the Board
determined that an amendment to the attorney's contract was appropriate. The amendment
involves authorizing the attorney to maintain a minor level of secondary employment and gives
the attorney the option of receiving a cellular telephone stipend rather than the use of a County-
owned cellular telephone.
FINANCIAL IMPACT: The financial impact to the County with this action is an additional
$180.00 annually. This amount is within the current County Attorney budget and within the
requested budget.
RECOMMENDATION(S): The Attorney requests that the Board approve the amendment to
the Attorney's Employment Agreement.
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ORANGE COUNTY
NORTH CAROLINA
EMPLOYMENT AGREEMENT AMENDMENT
THIS EMPLOYMENT AGREEMENT AMENDMENT, made and entered into this day of May 2011,
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 (hereinafter together called the "Parties") amends the Employment
Agreement entered into by the Parties on the 17t" day of August, 2010.
WITNESSETH
WHEREAS, in December 2010 Employee was re-appointed 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 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 County and Employee desire to amend the Employment Agreement while keeping in
effect all terms and conditions of the Employment Agreement not inconsistent with the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree to
amend the Employment Agreement as follows:
SECTION 10: OTHER BENEFITS
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. In the alternative to a
County-owned cellular telephone County shall, at Employee's option, reimburse Employee eighty-five
dollars ($85.00) per month for Employee's use of his personal cellular telephone for County business.
SECTION 16: OUTSIDE EMPLOYMENT
Employee may obtain and maintain secondary work/employment outside his role as County Attorney
of Orange County subject to the following conditions:
(a) Employee shall not perform legal services for any individual, excluding family members, or
other private entity or governmental entity.
(b) Any secondary work/employment shall not interfere with Employee's role as County
Attorney of Orange County and shall not occur during any hours dedicated to Employee'
performance of his duties as County Attorney of Orange County.
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IN WITNESS WHEREOF, County has caused this Employment Agreement Amendment 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 Amendment
in duplicate Originals. This Employment Agreement Amendment shall be deemed effective May 1,
2011.
COUNTY
BY:
EMPLOYEE
Bernadette Pelissier John Roberts
Chair, Board of County Commissioners
ATTEST:
CLERK:
Donna Baker
[SEAL]
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.
Finance Director
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