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HomeMy WebLinkAboutAgenda - 12-01-2014 - 6eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 1, 2014 Action Agenda Item No. 6 -e 1 SUBJECT: Resolution Adjusting the Salaries of the Sheriff and Register of Deeds Positions DEPARTMENT: Human Resources PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: Proposed Resolution with Bond Documents Brenda Bartholomew, Human Resources Director, (919) 245 -2552 North Carolina General Statutes 153A -92 Orange County Code of Ordinances Article II, Section 28 -13 (o) PURPOSE: To approve a resolution providing notice of adjustment of the salaries of the Sheriff and Register of Deeds positions and approving the bonds for both positions. BACKGROUND: As authorized by the North Carolina General Statutes 153A -92 and the Orange County Code of Ordinances Article II Section 28 -13 (o), the Board of Commissioners may adjust salaries, allowances and other compensation for the Sheriff and Register of Deeds positions. The Board of Commissioners must give notice of intention and adjustment no later than 14 days before the last date for filling notice of candidacy for the office. That date is December 1, 2014. The Orange County Classification and Pay Plan has established the starting salary for the Sheriff's position as a Grade 31 (currently $79,814 annually) and the starting salary for the Register of Deeds position as a Grade 29 (currently $75,967 annually). The salaries may be adjusted within the salary grade range for the incoming incumbents to reflect years or service and applicable work experience. FINANCIAL IMPACT: There is no financial impact to the 2014/2015 adopted budget. RECOMMENDATION(S): The Manager recommends that the Board adopt the attached resolution effective December 1, 2014. RES- 2014 -083 Resolution Adjusting the Salary of the Sheriff and Register of Deeds Effective December 1, 2014 The Orange County Board of Commissioners as authorized by North Carolina General Statutes 153A -92 and Article II, Section 28 -13 (o) of the Orange County Code of Ordinances has set the salaries of the Sheriff and Register of Deeds as provided below effective December 1, 2014. The salary of Sheriff Charles Blackwood is $110,668, the midpoint assigned to Salary Grade 31 of the Orange County Classification and Pay Plan to reflect his years of service with Orange County Sheriff's Office and his many years of experience in law enforcement. The salary of Mark Chilton is $75,967, the minimum assigned to Salary Grade 29 of the Orange County Classification and Pay Plan. All other compensation elements including expense allowances are as set forth in the Orange County Code of Ordinances. The compensation of the Sheriff and Register of Deeds may be subject to change accordingly to the Orange County Classification and Pay Plan pursuant to Performance Reviews conducted by the Chair of the Board of Commissioners or where that Plan prescribes changes in salaries or as otherwise changed by Resolution of the Board of Commissioners. Further, North Carolina General Statute Sections 161 -4 and 162 -8 states the bond requirements for every Register of Deeds and Sheriff holding an elected position in the State of North Carolina, and that the Board of County Commissioners shall approve those bonds. The bonds of these two officers are attached and approved. K TRAVELERS PUBLIC OFFICIAL BOND - FOR DEFINITE TERM Travelers Casualty and Surety Company of America Hartford, CT 06183 BOND NO. 106206426 KNOW ALL MEN BY THESE PRESENTS, That we Charles S Blackwood Of 100 Pinewood Drive CHAPEL HILL, NC 27517 , as Principal, and Travelers Casualty and Surety Company of America , a corporation of CT , as Surety are held and firmly bound unto Orange County North Carolina in the penal SUM of Twenty Five Thousand ( $25,000.00 ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said principal binds himself /herself, his /her heirs, executors, administrators and assigns, and said Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. SEALED and dated this 24 day of November , 2014 WHEREAS, the said principal has been ❑x elected or ❑ appointed to the office of: Sheriff and ending December 01, 2018 the duties of the said office or position. for a definite term beginning December 01, 2014 and is required to furnish a bond for the faithful performance of NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except as hereinafter provided) faithfully perform the duties of his /her said office or position during the said term, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his /her hands during the said term without fraud or delay, and at the expiration of said term, or in case of his /her resignation or removal from office, shall turn over to his /her successor all records and property which have come into his /her hands, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that the Surety may cancel bond at any time during the said term by giving to the obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such notice by the obligee the surety shall be completely released as to all liability thereafter accruing. If this provision shall be held void, this entire bond shall be void. WITNESS: S- 2232 -1 (0i -97.;- Travelers Casualty and Surety Company of America Attorney -in -Fact 0 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 106206426 POWER OF ATTORNEY St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Charles S Blackwood 100 Pinewood Drive CHAPEL HILL, NC 27517 Obligee: Orange County North Carolina PO Box 8181 HILLSBOROUGH, NC 27278 M KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Cathleen C. Lucas, of the City of Chapel Hill, State of NC, their true and lawful Attorney(s) -in -Fact, to sign, execute, seal and acknowledge the surety bond referenced above. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of September, 2012. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Robert L Raney, Senior Vice rest ent On this the 10th day of September, 2012, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. G T� My Commission expires the 30th day of June, 2016. .Uq �llBttG * Marie C. Tetreault, Notary Public �s This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24 day of November, 2014. 141�� ZA44. Kevin E. Hughes, Assistant Secretary ►. � �, + �� ate: ,. �, To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. TRAVELERS J IMPORTANT NOTICE REGARDING COMPENSATION DISCLOSURE For information about how Travelers compensates independent agents, brokers, or other insurance producers, please visit this website:www.travelers.com/w3c/legal/Producer Compensation_Disclosure.html If you prefer, you can call the following toll -free number: 1- 866 - 904 -8348. Or you can write to us at Travelers, Enterprise Development, One Tower Square, Hartford, CT 06183. ILT -1037 Ed. 01 -09 Printed in U.S.A. Page 1 of 1 ©2009 The Travelers Companies, Inc. All Rights Reserved N'r :h (halkna West enS e C m a n y KIN CAV, All. FERR 0'N'S, MY rus E F R E 5 E NIN . ....... 'T qur,.w arr . . . . . . . . . . . . . . .. .. .. .. ................................................................................................................ . . . . N' S - Nc!rth CaxnHna. as FINHpal And WE TERNSURE, I n the 'bae' (")f North as Sixn..,Ay, are, a l rivailly, boumf 7=,.'MmA �Monern jr 002 sum or,;An,Thgqgand. and Cg/10 �r I'ves and our IA-Kal joint 1y D-wtvA '!— I THE MX Nallr[ONAIFTHE mON"E, OBEJGATION IS 'At w1wroaK, it "he Fai'd Prfng.-$pal 'has been 2ppontsA M elpae'd lle office Of r i ! y' tu p f M o for the Ist December, 2014 . . .............. . .... . ............... day Ci and elf g the . . . . ............................... 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I �gg �Z: Co the makag uf cvxtisRed ma& thh; lomwi, �s;,hrfll tw eanweUed lwrd n-Al R Aar Lho yf-� lva'N'r 4"Lfdsing'. th''10 Suren'y L'abl'o" ll�)Wrwvtr, swQ0 tpp all the WrMs' aml, cundifiansor"t1i is bond Or any and b�y fhis'bondt mp tz the dmteatsuch cance'llstion- i"A'Ar'21,85 to prat X . ......... . ....... . . .. .. .. .. .. .................. .. .. ... ............ .. . . ... . .................... . .. . . . NV one &a tw Cou nle rs i gra,,td Appr d fhi IWO" L . ,u, 11. 84 T E R, IRE T Y C OM Pl A N Y ........... 6,,61 ................... ...... . . . ................. ........... " . ................... Paq;i " Narth Ca,mmfino R bE klent Agemt North Carolina General Statutes Part 4. Personnel. § 153A -92. Compensation. (a) Subject to the limitations set forth in subsection (b) of this section, the board of commissioners shall fix or approve the schedule of pay, expense allowances, and other compensation of all county officers and employees, whether elected or appointed, and may adopt position classification plans. (b) In exercising the authority granted by subsection (a) of this section, the board of commissioners is subject to the following limitations: (1) The board of commissioners may not reduce the salary, allowances, or other compensation paid to an officer elected by the people for the duties of his elective office if the reduction is to take effect during the term of office for which the incumbent officer has been elected, unless the officer agrees to the reduction or unless the Local Government Commission pursuant to Chapter 159, Article 10, orders a reduction. (2) During the year of a general election, the board of commissioners may reduce the salary, allowances, or other compensation of an officer to be elected at the general election only in accordance with this subdivision. The board of commissioners shall by resolution give notice of intention to make the reduction no later than 14 days before the last day for filing notice of candidacy for the office. The resolution shall set forth the reduced salary, allowances, and other compensation and shall provide that the reduction is to take effect at the time the person elected to the office in the general election takes office. Once adopted, the resolution may not be altered until the person elected to the office in the general election has taken office. The filing fee for the office shall be determined by reference to the reduced salary. (3) If the board of commissioners reduces the salaries, allowances, or other compensation of employees assigned to an officer elected by the people, and the reduction does not apply alike to all county offices and departments, the elected officer involved must approve the reduction. If the elected officer refuses to approve the reduction, he and the board of commissioners shall meet and attempt to reach agreement. If agreement cannot be reached, either the board or the officer may refer the dispute to arbitration by the senior resident superior court judge of the superior court district or set of districts as defined in G.S. 7A -41.1 in which the county is located. The judge shall make an award within 30 days after the day the matter is referred to him. The award may extend for no more than two fiscal years, including the fiscal year for which it is made. (4) The board of commissioners shall fix their own salaries, allowances, and other compensation in accordance with G.S. 153A -28. (5) The board of commissioners shall fix the salaries, allowances and other compensation of county employees subject to the North Carolina 9 Human Resources Act according to the procedures set forth in Chapter 126. The board may make these employees subject to a county position classification plan only as provided in Chapter 126. (c) In counties with a county manager, the manager is responsible for preparing position classification and pay plans for submission to the board of commissioners and for administering the pay plan and any position classification plan in accordance with general policies and directives adopted by the board. In counties without a county manager, the board of commissioners shall appoint or designate a personnel officer, who shall then be responsible for administering the pay plan and any position classification plan in accordance with general policies and directives adopted by the board. (d) A county may purchase life insurance or health insurance or both for the benefit of all or any class of county officers and employees as a part of their compensation. A county may provide other fringe benefits for county officers and employees. In providing health insurance to county officers and employees, a county shall not provide abortion coverage greater than that provided by the State Health Plan for Teachers and State Employees under Article 3B of Chapter 135 of the General Statutes. (1927, c. 91, s. 8; 1953, c. 1227, ss. 1 -3; 1969, c. 358, s. 1; c. 1017; 1973, c. 822, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 122; 2013 -366, s. 2(b); 2013 -382, s. 9.1(c).) 10 (o) Elected Officials. Notwithstanding the requirements and entitlements of the Pay Plan, the Position Classification Plan, the Classification and Salary Plan, and any other provisions of this Ordinance, the salary, allowances and other compensation of the Register of Deeds and the Sheriff shall be fixed and established from time to time by the Board of Commissioners as provided by N.C. General Statutes § 153A -92.