HomeMy WebLinkAbout2014-638 Co Attorney - John Roberts employment agreement amendment 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.
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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 Fate and
behalf ,.f etho. ,.,,, my employees, by paving 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:si��
a s nR
Chair, d of ty Co missioners
ATTEST:
52
CLERK: it
Donna Baker
�orlh �a,�o
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Acct.
e)a4 ,u.-' )t. A--
Office of the Chief Financial Officer
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