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HomeMy WebLinkAboutAgenda - 06-07-2016 - 5-j - County Attorney and Clerk to the Board Employment Agreement Amendments 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 7, 2016 Action Agenda Item No. 5-j SUBJECT: County Attorney and Clerk to the Board Employment Agreement Amendments DEPARTMENT: Board of Commissioners ATTACHMENT(S): INFORMATION CONTACT: County Attorney Employment Agreement Amendment Clerk to the Board Employment John Roberts, 245-2318 Agreement Amendment Donna Baker, 245-2130 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. The adjustments include a reduction in the Clerk to the Board's severance allowance, an increase to the Clerk's salary, an increase in the amount of the Clerk's cellular telephone stipend, an increase in the County Attorney's salary, and a clarification that the County Attorney shall be paid for all accumulated sick leave upon any termination of the contract. SOCIAL JUSTICE IMPACT: There is no social justice impact associated with this item. FINANCIAL IMPACT: The financial impact is approximately $3,000 for the Clerk amendment and approximately $3,000 for the Attorney amendment. RECOMMENDATION(S): The Chair recommends the Board approve the amendments to the Employment Agreements. 2 ORANGE COUNTY FIFTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS FIFTH EMPLOYMENT AGREEMENT AMENDMENT, ("Amendment") made and entered into this 7th day of June 2016, 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, the 17th of June 2014, and the 2nd day of June 2015 (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 4:TERMINATION/SEVERANCE A. This Employment Agreement may be terminated for acts by Employee constituting cause as cause is defined in Section 3 and subject to the same process as set out in Section 3. In the event this Employment Agreement is terminated for reasons set out in this section, prior to its designated term, the Employee shall not be entitled to, nor shall County have further obligation to pay, Employee's salary or benefits as described in Section 7. B. Should the Board of County Commissioners decide for any reason other than those described and set out in Section 3 (above) to end the employment of the Employee, the Employee shall be entitled to: Four (4) months full salary, at the then current salary rate, and health, dental and life insurance coverage for the same period, plus payment for any accumulated annual leave and sick leave the Employee earned and accumulated within the period the Employee was an employee of Orange County. Page 1of2 3 SECTION 7: SALARY Employee will be paid a base annualized salary of $151,000,00, 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, 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. 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 effective April 23, 2016. COUNTY EMPLOYEE BY: 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 4 ORANGE COUNTY FOURTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS FOURTH EMPLOYMENT AGREEMENT AMENDMENT, ("Amendment") made and entered into this the 7th day of June, 2016, 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, June 17, 2014, and June 2, 2015 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 4:TERMINATION/SEVERANCE A. This Employment Agreement may be terminated for acts by Employee constituting cause as cause is defined in Section 3 and subject to the same process as set out in Section 3. In the event this Employment Agreement is terminated for reasons set out in this section, prior to its designated term, the Employee shall not be entitled to, nor shall County have further obligation to pay, Employee's salary or benefits as described in Section 7. B. Should the Board of County Commissioners decide for any reason other than those described and set out in Section 3 (above) to end the employment of the Employee, the Employee shall be entitled to: Four (4) months full salary, at the then current salary rate, and health, dental and life insurance coverage for the same period, plus payment for any accumulated annual leave and sick leave the Employee earned and accumulated within the period the Employee was an employee of Orange County. SECTION 7: SALARY Employee will be paid a base annualized salary of $105,000,00, 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 14: OTHER TERMS AND CONDITIONS The Board, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Employment Agreement or any applicable law. The employment provided for by this Employment Agreement shall be the Employee's sole employment. County shall, at Employee's option, reimburse Employee eighty-five dollars ($85,00) per month for Employee's use of her personal cellular telephone for County business, 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, 2016. COUNTY EMPLOYEE BY: Earl McKee Donna Baker 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