HomeMy WebLinkAboutAgenda - 12-05-2011 - 5hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 5, 2011
Action Agenda
Item No. 5 - h
SUBJECT: Amending-the County Mana er's Employment Agreement
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Agreement Amendment
INFORMATION CONTACT:
John Roberts, 245-2318
PURPOSE: To amend the County Manager's employment agreement to allow for an elevated
vacation accrual.
BACKGROUND: The County Manager's annual review was conducted by the Board of County
Commissioners on October 20, 2011. The attached amendment to the manager's employment
agreement reflects the changes requested by the Manager. Those changes involve allowing
the Manager to accrue annual leave at the same rate as an employee with at least twenty (20)
years service to Orange County and a removal of the 240 hour cap on the amount of annual
leave that may be accrued in a calendar year, which applies to other employees.
FINANCIAL IMPACT: There is no immediate financial impact. Removing the cap on the
amount of annual leave that may be accumulated will allow the manager access to a larger end
of service payout upon retirement.
RECOMMENDATION(S): The Attorney recommends the Board approve the amended
agreement.
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ORANGE COUNTY
SECOND EMPLOYMENT AGREEMENT AMENDMENT
NORTH CAROLINA
THIS AMENDMENT, made and entered into this the 5th day of December, 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 Frank W. Clifton Jr. hereinafter called "Employee", party of the
second part: .
WITNESSETH:
WHEREAS, the County and Employee entered into an Employment Agreement dated October 6, 2009,
for the management of the general operations of the County government; and
WHEREAS, the Employment Agreement was first Amended on the 19th day of October, 2010
(hereinafter "Amended Agreement"); and
WHEREAS, the County and Employee (the "Parties") desire to amend the Amended Agreement a
second time, while keeping in effect all terms and conditions of the Amended Agreement not
inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein,
the parties agree to amend the Amended Agreement as follows:
SECTION 9: VACATION, HOLIDAYS, and SICK LEAVE
Employee shall have the same holiday schedule as for all permanent full time County employees;
Employee will be credited for annual leave. from the period beginning December 6, 2011, going
forward at a rate consistent with employees of the County with twenty (20) or more years service as
provided in §5.3.2 of the Orange County Personnel Ordinance. It is understood and agreed by the
Parties that the leave benefit rate provided to Employee consistent with a county employee with
twenty (20) or more years of service shall apply to annual 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. Employee shall accrue sick leave at a rate consistent with all permanent full
time County employees. The accumulation limit for annual leave and transfer of annual leave to sick
leave as provided in §5.4 and §6.3.5 respectively of the Orange County Personnel Ordinance is waived
for purposes of this Amended Agreement and Employee may accumulate annual leave as provided
above without a cap on the annual leave and without said annual leave transferring to sick leave.
Except for the changes made to Section 9 herein, the Amended Agreement shall remain in full force
and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict
between the Amended Agreement and this Amendment, this Amendment shall control.
IN TESTIMONY WHEREOF, this Amended Amendment has been executed by the parties hereto, as of
the date first above written.
SIGNATURE PAGE TO FOLLOW
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COUNTY
BY:
Bernadette Pellissier
Chair, Board of County Commissioners
[SEAL]
EMPLOYEE
Frank W. Clifton Jr.
ATTEST:
CLERK:
Donna Baker
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.
Finance Director