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HomeMy WebLinkAboutAgenda - 11-17-20; 8-e - Amendment to the Contracts of the Attorney, Clerk, and Manager 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 17, 2020 Action Agenda Item No. 8-e SUBJECT: Amendment to the Contracts of the Attorney, Clerk, and Manager DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: John Roberts, County Attorney, 245-2318 PURPOSE: To amend the contracts of the three employees directly hired by the Board of Commissioners to provide a death benefit. BACKGROUND: Orange County recently suffered the loss of its long-time Clerk, Donna Baker. Upon her passing an examination of her contract revealed that while there was a disability benefit provided to her, and also to the attorney and manager, there was not a death benefit for any of the employees. The Board directed that an amendment be prepared to each of the three contracts providing a death benefit equal to the existing disability benefit. If satisfactory to the Board the following change to the contract language would accomplish this directive. From: SECTION 6: DISABILITY If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity or another health related issue and is unable to continue to perform the essential duties of the position of [ ], the County shall then have the option to terminate this Employment Agreement subject to the severance provisions as outlined in Section 4B above. To: SECTION 6: DISABILITY OR DEATH If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity, or another health related issue and is unable to continue to perform the essential duties of the position, the County shall then have the option to terminate this Employment Agreement upon payment of the severance benefit as outlined in Section 4B above to Employee. Should Employee die during the term of employment the severance benefit outlined in 4B above shall be paid to Employee's estate. FINANCIAL IMPACT: There is no immediate financial impact associated with this action. In the event of the untimely death of one of the three employees the financial impact would be equal to the existing disability severance benefit, which varies by employee. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this declaration. 2 SOCIAL JUSTICE IMPACT: There is no social justice impact associated with this declaration. RECOMMENDATION(S): The Chair recommends the Board approve the amendment language as shown above, authorize the attorney's office to prepare contract amendments reflecting the amended language, authorize the Chair to sign the contract amendments for the manager and attorney, and direct the attorney to include this language in the contract for the clerk at the appropriate time.