HomeMy WebLinkAboutAgenda - 06-17-2014 - 6t 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 17, 2014
Action Agenda
Item No. 6-t
SUBJECT: County Attorney and Clerk to the Board Employment Agreement Amendments
DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
County Attorney Employment Agreement
Amendment John Roberts, 245-2318
Clerk to the Board Employment
Agreement Amendment
PURPOSE: To amend the Employment Agreements governing the terms and conditions of the
County Attorney's and Clerk to the Board's employment.
BACKGROUND: Pursuant to the Board's annual review of these two direct report employees
the Board determined to make adjustments to the employees' agreements as shown on the
attached documents. Amendments to the Clerk's Employment Agreement to be effective June
17, 2014 and amendments to the Attorney's Employment Agreement to be effective April 23,
2014.
FINANCIAL IMPACT: Approximately $2,000 in deferred compensation increases to the
Attorney and Clerk and a salary increase to $96,000 annually for the Clerk to the Board.
RECOMMENDATION(S): The Chair recommends the Board approve the amendments to the
Employment Agreements.
2
ORANGE COUNTY
THIRD EMPLOYMENT AGREEMENT AMENDMENT
NORTH CAROLINA
THIS THIRD EMPLOYMENT AGREEMENT AMENDMENT, ("Amendment") made and entered
into this 17th day of June 2014, by and between Orange County, a political subdivision 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, and the 15th of May 2012, (hereinafter
called the "Amended Agreement").
WITNESSETH
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 Amended Agreement while keeping
in effect all terms and conditions of the Amended 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 Amended Agreement as follows:
SECTION 3:SUSPENSION
A. County may suspend 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
charges and/or allegations at least ten (10) days prior thereto by the Board members bringing
such charges and/or allegations. The County may suspend the employee with pay at any time.
Prior to the implementation of any suspension Employee shall be given an opportunity to
respond to the charges and/or allegations in a closed session meeting with the Board.
B. For purposes of this Agreement cause shall include misconduct as defined in G.S. 96-14.6,
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" section of Chapter 28 of the
Orange County Code of Ordinances.
Page 1 of 2
3
For purposes of this Employment Agreement cause shall include misconduct as defined in the
Orange County Personnel Ordinance under the "reasons of personal conduct" clause whether
such misconduct occurs on or off the job or any felonious act committed by Employee.
SECTION 10: OTHER BENEFITS
The following paragraph in Section 10 is amended as shown. All other paragraphs in Section
10 to remain.
The Employee currently maintains a 401k/457 supplemental retirement program. The County
shall authorize and participate in that plan to the Employee's benefit at the same rate and
under the same conditions as the County currently or in the future may participate on the
behalf of other county employees. by paying annually into said plan an amount equal to two
and one half percent (2.5%) of Employee's base salary in an equal proportional amount each
pay period.
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
the Employee has signed and executed this Amendment in duplicate Originals. This
Amendment shall be deemed effective April 23, 2014.
COUNTY EMPLOYEE
BY:
Barry Jacobs John Roberts
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.
Office of the Chief Financial Officer
Page 2 of 2
4
ORANGE COUNTY
SECOND EMPLOYMENT AGREEMENT AMENDMENT
NORTH CAROLINA
THIS SECOND EMPLOYEMENT AGREEMENT AMENDMENT, ("Amendment") made and entered into
this the 17th day of June, 2014, by and between Orange county, a political subdivision of the State of
North Carolina, hereinafter called "County", party of the first part, and Donna Baker hereinafter called
"Employee", party of the second part:
WITNESSETH:
WHEREAS,the County and Employee entered into an Employment Agreement dated June 15, 2010 and
amended on June 18, 2013, for services as Clerk to the Board of the County government, (hereinafter
the "Amended Agreement"); and
WHEREAS, the County and Employee desire to amend the Amended Agreement, 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 3:SUSPENSION
A. County may suspend 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 charges and/or
allegations at least ten (10) days prior thereto by the Board members bringing such charges and/or
allegations. The County may suspend the employee with pay at any time. Prior to the implementation
of any suspension Employee shall be given an opportunity to respond to the charges and/or allegations
in a closed session meeting with the Board.
B. For purposes of this Agreement cause shall include misconduct as defined in G.S. 96-14.6, 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" section of Chapter 28 of the Orange County Code
of Ordinances.
SECTION 7:SALARY
Employee will be paid a base annualized salary of$96,000.00, 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 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 than that of all county employees, such adjustment must be in the form of an
amendment to this Employment Agreement.
•
5
SECTION 10: OTHER BENEFITS
The following paragraph in Section 10 is amended as shown. All other paragraphs in Section 10 to
remain.
If the Employee currently maintains a 401k/457 supplemental retirement program with the
International City Management Retirement Corporation (ICMARC). The County shall authorize and
participate in that plan to the Employee's benefit by paying into said plan an amount equal to two and
one half percent (2.5%) of Employee's base salary in an equal proportional amount each pay period. at
the same rate and under the same conditions as the County currently or in the future may participate
on the behalf of other county employees.
IN TESTIMONY 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 the Employee
has signed and executed this Amendment in duplicate Originals. This Amendment shall be deemed
effective the day and date first above recorded.
COUNTY EMPLOYEE
BY:
Barry Jacobs Donna Baker
Chair, Board of County Commissioners
ATTEST:
CLERK:
[SEAL]
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.
Office of the Chief Financial Officer