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HomeMy WebLinkAboutAgenda - 09-17-2013 - 5nORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 17, 2013 Action Agenda Item No. 5 -n (proposed) SUBJECT: Employment Agreement for Michael Talbert — Interim Orange County Manager DEPARTMENT: County Manager ATTACHMENTS: Employment Agreement for Michael Talbert as Interim County Manager PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Barry Jacobs, Chair 245 -2130 John Roberts, 245 -2318 PURPOSE: To approve the appointment of and terms of an employment agreement with Michael Talbert as Interim Orange County Manager. BACKGROUND: The appointment of Michael Talbert as Interim Orange County Manager will become effective September 30, 2013. The other elements of compensation and aspects of employment of Mr. Talbert's appointment are resolved in the attached "Terms" Employment Agreement. Upon commencement of employment as Interim County Manager, employee will resign his current position of Assistant County Manager and will no longer be subject to the provisions and protection of Chapter 28 of the Orange County Code of Ordinances. The vacant position of Assistant County Manager will remain unfilled until a new County Manager is appointed by the Board. FINANCIAL IMPACT: Funding for the pay and benefits for the Interim County Manager for the 2013 -14 Fiscal Year is included in the BOCC Approved 2013 -14 Annual Budget. RECOMMENDATION(S): Approve the appointment of and terms of an employment agreement with Michael Talbert as Interim Orange County Manager. ORANGE COUNTY EMPLOYMENT AGREEMENT NORTH CAROLINA 2 THIS EMPLOYMENT AGREEMENT ( "Agreement "), made and entered into this the _ day of September, 2013, by and between the County of Orange, a political subdivision of the State of North Carolina, hereinafter called "County ", party of the first part, and Michael Talbert hereinafter called "Employee ", party of the second part: WITNESSETH WHEREAS, County desires to employ the services of the Employee as Interim County Manager of the County of Orange as provided by NCGS 153A -84; 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; and WHEREAS, the Employee desires to accept employment as Interim County Manager of Orange County, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1: DUTIES County hereby agrees to employ the Employee as Interim County Manager of Orange County to perform the functions and duties specified in NCGS 153A -82 and to perform other legally permissible and proper duties and functions as the Board shall from. time to time assign. SECTION 2: TERM The Employee's date of full -time employment as Interim County Manager will begin September 30, 2013. The Employee's term of employment shall continue for a six -month term of employment, expiring on March 31, 2014, and subject to the provisions of Sections 4, 5, and 6 of this Agreement and any amendment approved by both parties. Such amendment must be in writing in the form of an Amendment to this Agreement and signed by both parties. Upon commencement of employment as Interim County Manager Employee will resign his current position of Assistant County Manager and will no longer be subject to the provisions and protections of Chapter 28 of the Orange County Code of Ordinances (Personnel). Upon the expiration of the six -month term of employment if the Board has not retained the services of a permanent County Manager this Agreement may be extended month to month. Any such extension must be in writing and must be agreed to by both County and Employee. Page 1 of 5 9 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 allegations or charges at least ten (10) days prior thereto by the County Attorney. The County may suspend the employee with pay without notice at any time. For purposes of this Agreement cause shall include misconduct as defined in G.S. 96 -14(2) whether such misconduct occurs on or off the job, any felonious act committed by Employee, or an act punishable under the "reasons of personal conduct" clause as defined by the Orange County Personnel Ordinance. SECTION 4: TERMINATION /SEVERANCE A. This Employment Agreement may be terminated for acts by Employee constituting cause as cause is defined in Section 3 and subject to the same process as set out in Section 3. In the event this Agreement is terminated for cause, 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. B. 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: Three (3) months full salary and health, dental, and life insurance coverage for the same period, plus payment for any accumulated sick leave and annual leave the Employee earned and accumulated, but not taken, within the period the Employee was an employee of Orange County. SECTION 5: RESIGNATION /NATURAL EXPIRATION A. 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 sick leave and annual leave earned but not taken but shall not be entitled to the severance benefit as set out in Section 4B above. At its sole option, the County has the right to waive this forty -five (45) days written notice provision if it so chooses. B. In the event Employee neither resigns nor is terminated and this Agreement and /or any extensions thereof expire at the end of the term of employment Employee shall be entitled to be paid for any accumulated sick leave and annual leave earned but not taken but shall not be entitled to the severance benefit as set out in Section 4B above. 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 Page 2 of 5 4 position of Interim County Manager, the County shall then have the option to terminate this Agreement subject to the severance provisions as outlined in Section 4B above. SECTION 7: SALARY Employee will be paid a monthly salary of thirteen thousand nine hundred seventy -six dollars ($13,976) for the term of this Agreement payable on the same schedule as for other County employees. SECTION 8: HOURS OF WORK As Interim County Manager, the employee is expected to maintain office hours, Monday through Friday, 8:00 a.m. to 5:00 p.m. Additionally, Employee shall attend meetings of the Board. In the event Employee cannot attend meetings he shall assign an assistant county manager to attend in his place. It is further agreed and understood that the position of Interim County Manager 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 work hours to account for time beyond the normal work day spent at meetings occurring outside normal office hours as described above, however, such adjustment shall not interfere with the performance of Employee's duties. 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 September 30, 2013, going forward at a rate consistent with employees of the County with fifteen (15) but less than twenty (20) years' service as provided in the Orange County Personnel Ordinance. Should Employee reach twenty (20) years actual service with Orange County Employee shall then accrue annual leave at the same rate as other county employees with the same length of service from that point forward. It is understood and agreed by the Parties that the leave benefit rate provided to Employee consistent with a county employee with fifteen (15) but less than twenty (20) years' 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. SECTION 10: OTHER BENEFITS For the term of employment Employee shall have access to and enrollment in the dental, health, and life insurance provided to general full time employees of County. Employee will have the use of a county vehicle for county business only. A County -owned laptop computer will be available to Employee for his use for County business at the expense of the County. The County shall reimburse the Employee a monthly fee of thirty -five ($35) for his maintenance and use of a personal cell phone or personal data device for county related business on a twenty -four hour basis. If the Employee currently maintains a 401k/457 supplemental retirement program with the International City Management Retirement Corporation (ICMARC) then the County shall authorize and participate in that plan to the Employee's benefit at the same rate and under the same Page 3 of 5 conditions as the County currently or in the future may participate on the behalf of other county employees. During the Employee's employment as Interim County Manager, the Employee shall continue to reside in and maintain a residence within Orange County. Employee shall receive a travel allowance of five hundred dollars ($500) per month for the term for this Agreement. SECTION 11: RETIREMENT For the term of employment 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 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 Interim County Manager. 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 acts or omissions by Employee that are deemed to be gross negligence on the part of the Employee, nor shall this Section 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, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any applicable law. The employment provided for by this Agreement shall be the Employee's sole employment. SECTION 15: GENERAL PROVISIONS The text herein shall constitute the entire agreement between the parties. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. Page 4 of 5 FRI This Agreement shall become effective commencing September 30, 2013. During the term of employment Employee shall serve "at will" as Interim County Manager subject to the terms of this Agreement. By executing and accepting the terms of this Agreement Employee acknowledges he is no longer subject to the provisions and protections of Chapter 28 of the Orange County Code of Ordinances (Personnel) and that he resigns his employment as Assistant County Manager. This Assistant County Manager position shall remain vacant until such time as a permanent County Manager fills the position. Upon the natural expiration of the term of employment of this Agreement employee may remain eligible for rehire as Assistant County Manager. Both County and Employee acknowledge Employee has received no guarantees or assurances that he will be rehired as Assistant County Manager and that any such decision will be made upon Employee's application for the position and the permanent County Manager's decision to hire him to the position. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, County has caused this 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 Agreement in duplicate Originals. COUNTY EMPLOYEE BY: Barry Jacobs Michael Talbert 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. Chief Finance Officer Page 5 of 5