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Home My WebLink AboutAgenda 06-18-19 Item 8-k - Amendments to the County Manager’s, Clerk to the Board’s, and County Attorney’s Employment Agreements ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2019 Action Agenda Item No. 8-k SUBJECT: Amendments to the County Manager’s, Clerk to the Board’s, and County Attorney’s Employment Agreements DEPARTMENT: Board of Commissioners ATTACHMENT(S): Employment Agreement Amendments (3) INFORMATION CONTACT: Brenda Bartholomew, 245-2552 PURPOSE: To amend the County Manager’s (“Manager”), Clerk to the Board’s (“Clerk”), and County Attorney’s (“Attorney”) employment agreements. BACKGROUND: The Manager, Clerk, and Attorney are the only three employees in Orange County government who report directly to the Board of County Commissioners (“Board”). These three employees are not subject to or protected by the majority of the terms of the personnel ordinance but are contract employees. Recently the Board met with the three employees to discuss their performance for the prior year and determined to make the following adjustments to the employees’ contracts. If a salary increase for all County employees is approved by the Board for FY 2020, the Manager’s salary will increase to $200,000 per year effective on July 1, 2019. This increase to $200,000 will be inclusive of and not in addition to any such increase for all county employees. Additionally, upon retirement, at any age, the Manager will receive retirement healthcare benefits with 100% of her share of costs paid by the County. The Clerk’s annual employer 401(k) contribution will be increased to five percent (5%) of the annual salary effective on the 2019 employment anniversary date. The Attorney’s annual employer 401(k) contribution will be increased to three point seven five percent (3.75%) effective on the 2019 employment anniversary date. If a salary increase for all County employees is approved by the Board for FY 2020, both the Clerk and Attorney will receive an equal increase effective July 1, 2019. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. FINANCIAL IMPACT: This action may increase the costs associated with the Manager’s compensation by approximately $4,000 plus other associated costs related to benefits, and grants approximately $1,500 in additional deferred compensation to the Clerk and approximately $2,000 in additional deferred compensation to the Attorney. It may increase salary costs for the Clerk by approximately $2,000 and the Attorney by approximately $3,200. RECOMMENDATION(S): The Chair recommends the Board approve the contract amendments. 1 ORANGE COUNTY THIRD EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS AMENDMENT, made and entered into this the 4th day of June 2019, by and between Orange County, a political subdivision of the State of North Carolina, hereinafter called “County,” party of the first part, and Bonnie Hammersley, hereinafter called “Employee,” party of the second part: WITNESSETH: WHEREAS, the County and Employee entered into an Employment Agreement dated May 22, 2014, for the management of the general operations of the County government, as amended (hereinafter the “Original Agreement”); and WHEREAS, the County and Employee desire to amend the Original Agreement, while keeping in effect all terms and conditions of the Original Agreement, as amended, not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: SECTION 7: SALARY Employee will receive an annualized salary of Two Hundred Thousand Dollars ($200,000.00), 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. SECTION 11: RETIREMENT Employee will participate in the North Carolina Local Governmental Employees’ Retirement System, with the County contributing the employer’s share to that retirement program at a rate consistent with other County employees. Upon her retirement, at any age, the County agrees to pay 100 percent of Employee’s share of costs under the county health plan in which it is enrolled on the effective date of her retirement. If under age 65 participation will be the group plan until age 65 at which time participation will transition to the Medicare Supplement Plan. Upon transition to the Medicare Supplement Plan County will continue to pay 100 percent of Employee’s share of costs. (The amendment to Section 7 herein is effective only if the Board of County Commissioners approves a 2% salary adjustment to all County employees for the 2019-2020 fiscal year and is inclusive of any such 2% salary adjustment. If a 2% salary adjustment would result in an amount greater than $200,000.00, employee shall receive the adjustment rather than the flat amount set out in Section 7.) IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto and is effective July 1, 2019. COUNTY EMPLOYEE BY:_______________________________ ________________________________ Penny Rich Bonnie Hammersley Chair, Board of County Commissioners This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________ Chief Financial Officer 2 ORANGE COUNTY FIFTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS FIFTTH EMPLOYMENT AGREEMENT AMENDMENT, (“Amendment”) made and entered into this the 4th day of June, 2019, 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, amends the Employment Agreement dated June 15, 2010 as amended, (hereinafter the “Amended Agreement”): WITNESSETH: WHEREAS, in consideration of Employee’s continued service as Clerk to the Board 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 10: OTHER BENEFITS The following paragraph in Section 10 referencing Employee’s 401k is amended as shown, all other paragraphs in Section 10 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 five percent (5.00%) 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 the Employee has signed and executed this Amendment in duplicate Originals. This Amendment shall be deemed effective June 17, 2019. COUNTY EMPLOYEE BY:_______________________________ ________________________________ Penny Rich 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 3 Page 1 of 1 ORANGE COUNTY SEVENTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS SEVENTH EMPLOYMENT AGREEMENT AMENDMENT, (“Amendment”) made and entered into this 4th day of June 2019, 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 (hereinafter called the “Amended Agreement”). W I T N E S S E T H WHEREAS, in consideration of Employee’s continued service as County Attorney 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 10: OTHER BENEFITS The following paragraph in Section 10 referencing Employee’s 401k is amended as shown, all other paragraphs in Section 10 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 point seven five percent (3.75%) 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 the Employee has signed and executed this Amendment in duplicate Originals. This Amendment shall be deemed effective April 23, 2019. COUNTY EMPLOYEE BY:_______________________________ ________________________________ Penny Rich 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 4