HomeMy WebLinkAbout2016-718 BOCC - Clerk to the Board, Donna S. Baker, Fourth Employment Agreement Amendment 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.
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: &t,Y /V�)ke'
Earl McKee onna Baker
Chair, Board of County Commissioners
This instru ent has b en pre-audited in the manner required by the Local Government Budget and
Fiscal Co of A
Office/of i Chief Financial Officer