HomeMy WebLinkAboutAgenda - 05-15-2012 - 5fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 15, 2012
Action Agenda
Item No. 5_-~
SUBJECT: County Attorney Employment Agreement Amendment
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
County Attorney Employment Agreement
Amendment
2009-2010 Benchmark Salary Study John Roberts, 245-2318
PURPOSE: To amend the Employment Agreement governing the terms and conditions of the
County Attorney's employment.
BACKGROUND: On March 27, 2012 the Board of County Commissioners met in closed
session to conduct 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 provides an equity retention adjustment to the County Attorney's salary to bring the
Attorney's salary to a base salary of $135,000, an amount approximately equal to the fiscal year
2009-2010 market rate for similarly situated local government attorney positions.
FINANCIAL IMPACT: The equity adjustment will increase the budget for the County Attorney's
office to approximately $488,000. This budget amount remains approximately $49,000 below
the $537,326 expended on similar County legal services in fiscal year 2008-2009.
RECOMMENDATION(S): The Manager recommends the Board approve the amendment to
the Attorney's Employment Agreement.
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ORANGE COUNTY
NORTH CAROLINA
SECOND EMPLOYMENT AGREEMENT AMENDMENT
THIS SECOND EMPLOYMENT AGREEMENT AMENDMENT, ("Amendment") made and entered
into this 15th day of May 2012, by and between Orange County, a body politic 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 17th day of
August, 2010 as amended on the 17th of May 2011.
WITNESSETH
WHEREAS, in December 2011 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 as
previously amended 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 7: SALARY
Employee will be paid a base annualized salary of $135,000.00, 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, 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.
IN WITNESS WHEREOF, County has caused this 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
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the Employee has signed and executed this Employment Agreement Amendment in duplicate
Originals. This Amendment shall be deemed effective the day and date first above recorded.
COUNTY
BY:
Bernadette Pelissier
Chair, Board of County Commissioners
A7TEST:
CLERK:
Donna Baker
EMPLOYEE
John Roberts
[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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Orange County Benchmark Survey 2009-2010
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Alamance County Attomey 1 $62,002 $80,604 $99,204 $103,000 exempt
Catwaba County Attorney County Attomey 1 $86,931 $134,869 $109,714
Union Count CountyAttorney Sr.StaffAtomey 1 $97,433 $121,792 $146,149 $112,823 exempt
Ca County Attorney Town Attorney 1 $134,701 exempt
Fors h CountyAttorney CountyAttomey 1 $146,098 $149,094 exempt
Chapel Hill County Attorney Town Attomey 1 $153,097 exempt
Durham Count . County Attorney County Attomey 1 $155,000 exempt
Wake County Attorney County Attomey 1 $160,380 exempt
Area Participant Average � � -
$82,122 $116165 , $126,741 .: .$134,726
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Orange County::- �";:7,:;'::;;:•5108,928: $141,533 :.. ;.$174;138�:;.. .$115,OOD exempt,
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Total Study Participants 15 .
Participants w.Similar ' . '
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Classifications �
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Average Salary Mode 3 counties average lower salaries;5 counties average higher s8l�ires than Orange County , .
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