HomeMy WebLinkAbout2014-650 BOCC - Second Employment Agreement Amendment Donna Baker -/ 9'_ .2 015
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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.
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-Sa.me
°m^' e _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 TESTIMONY WHEREOF, County has caused this Amendment to be signed and executed in its behalf
by its Board Chair, and duly attested by itsYl re 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.
COUNT EMPLOYEE
BY:
B aco Dona Baker
Chai e �OCott f Co my Co missioners
ATTEST: _y
CLERK:
This tr4mgiat s been pre-audited iii the,manner required by the Local Government Budget and
Fiscal Contro Act.
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Office of the Chief Financial Officer