HomeMy WebLinkAboutAgenda - 06-19-2012 - 4c •
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 19, 2012
Action Agenda
Item No. "f-c. (propose-el
SUBJECT: Appointment of New Tax Administrator
DEPARTMENT: County Manager/Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Resolution INFORMATION CONTACT:
Frank W Clifton, County Manager, 245-2306
John Roberts, County Attorney, 245-2318
PURPOSE: To approve a resolution appointing Dwane Brinson as Orange County Tax
Administrator, effective August 6, 2012, to fill the remainder of the unexpired term of Jenkins
Crayton ending June 30, 2013.
BACKGROUND: Jenkins Crayton was appointed by the Orange County Board of County
Commissioners to serve a term as Tax Administrator from July 1, 2011 through June 30, 2013.
The Orange County Tax Administrator serves in the statutory roles of both the Orange County
Tax Assessor and the Orange County Tax Collector. On May 29, 2012 Mr. Crayton resigned
from his role as Tax Administrator to serve as an advisor and consultant to the Tax
Administration Department to allow for the effective transfer of roles responsibilities and
integration until a new Tax Administrator could be appointed.
Sections 105-294 and 105-349 of the North Carolina General Statutes provide that the board of
county commissioners shall appoint a county assessor and a tax collector. The statutes do not
specify a length of term for tax collector but require the county assessor be appointed to a term
of not less than two nor more than four years. The statues also provide that the offices of
county assessor and tax collector are offices that may be held concurrently with another
appointive or elective office. North Carolina law further specifies that in the case of a vacancy
occurring in the office of tax assessor and/or in the office of tax collector, the board of county
commissioners shall appoint a qualified person to serve as county assessor or tax collector for
the period of the unexpired term.
Orange County Manager Frank Clifton has recommended that Dwane Brinson be appointed to
complete the unexpired terms of Jenkins Crayton in his capacity as Orange County Tax
Assessor and Orange County Tax Collector and that he be appointed to the Orange County Tax
Administrator position based on his extensive experience and years of public service.
The County Manager has discussed a conditional offer with Mr. Brinson, per Board approval.
As proposed, Mr. Brinson will receive an annual salary of $108,000 and will be credited 11
years of Orange County service for the purpose of annual leave accrual, which will.accrue at the
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same rate as an employee who has been employed by the County for 11 years. This does not
include longevity, retirement credit or any benefit other than leave accrual.
FINANCIAL IMPACT: Funds are budgeted in the Tax Administration Department's FY 2012-13
operating budget to provide salary and benefits for the Tax Administrator position.
RECOMMENDATION(S): The Manager recommends the Board approve and authorize the
Chair to sign the resolution appointing Dwane Brinson as Orange County Tax Assessor and
Orange County Tax Collector under the working title of Orange County Tax Administrator,
effective August 6, 2012, to fill the unexpired term through June 30, 2013 (Mr. Brinson will be
eligible for appointment per statute to a two- or four-year term, beginning July 1, 2013).
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RES-2012-064 3
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION APPOINTING DWANE BRINSON TO COMPLETE THE
UNEXPIRED TAX ASSESSOR AND TAX COLLECTOR TERMS OF
JENKINS CRAYTON TO BE SERVED AS ORANGE COUNTY TAX
ADMINISTRATOR
WHEREAS, Jenkins Crayton was appointed by the Orange County Board of
County Commissioners to serve a term as Tax Administrator from July 1,
2011 through June 30, 2013; and
WHEREAS, The Orange County Tax Administrator serves in the statutory roles
of both the Orange County Tax Assessor Orange County Tax
Collector; and •
WHEREAS, On May 29, 2012 Mr. Crayton resigned from his role as Tax
Administrator to serve as an advisor and consultant to the Tax
Administration Department to allow for the effective transfer of roles
responsibilities and integration until a new Tax Administrator could be
appointed; and
WHEREAS, North Carolina law SOacifiei,;;hain the case of a vacancy occurring
in the office of tax assessor, the Board of County Commissioners shall
appoint a qualified person to'-;rryecorytax assessor for the period
of the unexpired term; and
WHEREAS, North Carolina law specifies that in the case of a vacancy occurring
in-,ithelloffice of tax collector, the Board of County Commissioners shall
appoint (qualified person to serve as county tax collector for the period of
the unexpired term; and
WHEREAS, The Orange Manager has recommended that Dwane
Bnnson be appointed to complete the unexpired terms of Jenkins Crayton
in his,::capacity as Orange County Tax Assessor and Orange County Tax
Collector and that,! he be appointed to the Orange County Tax
Administrator position based on his extensive experience and years of
public service:
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of
Commissioners, as provided for under Chapter 105-294 and Chapter 105-
349 of the North Carolina Tax Statutes, does hereby appoint Dwane
Brinson as Orange County ax Assessor and Orange County Tax
Collector for the balance of the unexpired terms of Jenkins Crayton that
end June 30, 2013, and that such appointments shall be served under the
title Orange County Tax Administrator and that such appointments begin
on August 6, 2012;
RES-2012-064 4
BE IT FURTHER RESOLVED THAT:
• Mr. Brinson shall be paid a starting salary of $108,000 per year, an
amount consistent with the mid-range of the position of Tax Administrator
in North Carolina counties similar in size and complexity to Orange
County;
• Subject to verification, Mr. Brinson shall transfer from Lee County to
Orange County accumulated sick leave of approximately 700 hours to be
used in emergency health situations and/or counted toward retirement;
• Mr. Brinson shall begin accruing annual leave in Orange County at the
same rate as a full time employee with eleven years' service to Orange
County in accordance with Chapter 28 of the Orange County Code of
Ordinances. This does not include longevity, retirement credit, or any
benefit other than annual leave accrual;
• Mr. Brinson shall accrue sick leave "at the same rate as other full time
employees of Orange County, ?-Y s
• Mr. Brinson shall have access to the same employment benefits as other
full time employees of Orange County,
• Mr. Brinson shall be paid on the same schedule and shall receive salary
adjustments the same as other full time employees of Orange County;
• Mr. Brinson may have access to a county-owned vehicle for use for
County business;
• Upon the presentation of verifiable receipts Mr Brinson shall receive up to
$5,000 for relocation (moving and temporary housing) costs;
• If, upon the=expiration of the unexpired terms, Mr. Brinson is not appointed
to a term of`:service with Orange County as Tax Administrator, he shall
receive a Separation':Allowance which shall consist of a lump sum
payment equal to three months' salary, plus the monetary value of all
annual leave accrued rn service to Orange County in addition to
continued health, dental,, and vision insurance coverage for a period of
three months from the date of the expiration of the unexpired term except,
he shall not accrue annual o sick leave after the date of separation;
• As Tax Administrator Mr. Brinson shall be subject to the appointment and
removal provisions of North Carolina General Statute Chapter 105 and,
except as noted herein, shall be exempt from the personnel provisions of
the Orange County Code of Ordinances and any associated Orange
County Personnel Policies.
Adopted by the Board of County Commissioners this 19th day of June 2012.
By: Attest:
Bernadette Pelissier, Chair Donna Baker, Clerk to the Board
Board of Commissioners