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HomeMy WebLinkAboutAgenda - 06-02-2015 - 6hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2015 Action Agenda Item No. 6 -h 1 SUBJECT: County Attorney and Clerk to the Board Employment Agreement Amendments DEPARTMENT: County Attorney ATTACHMENT(S): County Attorney Employment Agreement Amendment Clerk to the Board Employment Agreement Amendment PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: John Roberts, 245 -2318 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. FINANCIAL IMPACT: A one and a quarter percent (1.25 %) increase in deferred compensation and two percent (2 %) salary increase to the Clerk and a two percent (2 %) salary increase to the attorney. RECOMMENDATION(S): The Chair recommends the Board approve the amendments to the Employment Agreements. ORANGE COUNTY FOURTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS FOURTH EMPLOYMENT AGREEMENT AMENDMENT, ( "Amendment ") made and entered into this 2nd day of June 2015, 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, the 15th of May 2012, and the 17th of June 2014 (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 7: SALARY Employee will be paid a base annualized salary of $145,412.00, 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, as a percentage, 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, as a percentage, than that of other county employees, such adjustment must be in the form of an amendment to this Employment Agreement. [SIGNATURE PAGE TO FOLLOW] Page 1 of 2 K IN TESTIMONY WHEREOF, County has caused this Amendment to be signed and executed in its behalf by its Board and the Employee has signed and executed this Amendment in duplicate Originals. This Amendment shall be deemed effective April 23, 2015. COUNTY IN EMPLOYEE Earl McKee John Roberts Chair, Board of County Commissioners 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 ORANGE COUNTY THIRD EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA M THIS THIRD EMPLOYEMENT AGREEMENT AMENDMENT, ( "Amendment ") made and entered into this the 2nd day of June, 2015, 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 and June 17, 2014, 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 7: SALARY Employee will be paid a base annualized salary of $100,000.00, 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 unchanged. The Employee currently maintains participation in a 401k supplemental retirement program. The County shall authorize and participate in that plan to the Employee's benefit by paying annually into said plan an amount equal to three and three - quarters percent (3.75%) of Employee's base salary in an equal proportional amount each pay period. [SIGNATURE PAGE TO FOLLOW] IN TESTIMONY WHEREOF, County has caused this Amendment to be signed and executed in its behalf by its Board and the Employee has signed and executed this Amendment in duplicate Originals. This Amendment shall be deemed effective June 17, 2015. COUNTY BY: Earl McKee Chair, Board of County Commissioners EMPLOYEE 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