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HomeMy WebLinkAboutAgenda - 12-15-2020; 8-l - Appointment of the Clerk to the Board 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 15, 2020 Action Agenda Item No. 8-1 SUBJECT: Appointment of the Clerk to the Board DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Employment Agreement John Roberts, County Attorney, 245- 2318 PURPOSE: To approve an employment agreement and appoint Laura Jensen as Clerk to the Board of County Commissioners. BACKGROUND: Over the course of several meetings the Board of Commissioners reviewed a number of applicants to fill the position of Clerk to the Board, a position reporting directly to the Board of Commissioners. Upon interviewing the final candidates for the position the Board of Commissioners selected Laura Jensen to fill the position and Ms. Jensen accepted the offer of employment. Ms. Jensen has thirteen years of progressively responsible local government experience. She has served as Interim Assistant County Manager in Person County and currently serves as the Assistant Finance Director and Budget Manager. Ms. Jensen has agreed to the terms of the attached employment agreement. FINANCIAL IMPACT: The financial impact of this action consists of the amount of the initial employment salary, $115,000, plus the cost of employment benefits typical of other Orange County employees. ENVIRONMENTAL IMPACT: There is no environmental impact associated with this action. SOCIAL JUSTICE IMPACT: There is no social justice impact associated with this action. RECOMMENDATION(S): The Manager recommends the Board approve the attached agreement, authorize the Chair to sign the agreement, and appoint Laura Jensen to the position of Clerk to the Board effective January 4, 2021. 2 ORANGE COUNTY EMPLOYMENT AGREEMENT NORTH CAROLINA THIS EMPLOYMENT AGREEMENT, made and entered into this the 15th day of December, 2020, by and between Orange County, a political subdivision of the State of North Carolina, hereinafter called "County", party of the first part, and Laura Jensen, hereinafter called "Employee", party of the second part: WITNESSETH WHEREAS, County desires to employ the services of the Employee as Clerk to the Board of Commissioners of Orange County as provided by NCGS 153A-111; and WHEREAS, it is the desire of the Orange County Board of County Commissioners, hereinafter called the "Board", to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, the Employee desires to accept employment as Clerk to the Board of County Commissioners of Orange County, NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1: DUTIES County hereby agrees to employ the Employee as Clerk to the Board of County Commissioners of Orange County to perform all legally permissible and proper duties and functions as the Board shall from time to time assign. SECTION 2: TERM Employee's first day of employment is January 41h, 2021. The salary and benefits set out herein shall commence on the first day of employment. The Employee's employment shall continue for an unspecified term of service subject to the provisions of Sections 4, 5 and 6 of this agreement or any amendment or mutual agreement approved both parties. Unless otherwise provided for herein, such amendment or mutual agreement must be in writing in the form of an Amendment to this Employment Agreement and signed by both parties. Nothing in this Employment Agreement shall limit or otherwise interfere with the right of the Board to terminate the services of the Employee at any time with or without cause. However, any termination of the Employee by the Board without cause shall be subject to the terms and conditions of Section 4(B). Page 1 of 5 3 SECTION 3: SUSPENSION County may suspend the Employee without pay and benefits at any time during the term of employment, but only if a majority of the Board votes to suspend Employee for cause, provided, however, that Employee shall have been given written notice setting forth any charges at least ten (10) days prior thereto by the Board members bringing such charges. The County may suspend the employee with pay without notice at any time. For purposes of this Employment Agreement cause includes misconduct as defined in G.S. 96-14.6 whether such misconduct occurs on or off the job, any felonious act committed by Employee, any intentional violation of the Orange County Ethics and Conduct for Senior Staff Policy, or an act punishable under the "reasons of personal conduct" clause as defined by the Orange County Personnel Ordinance. 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 cause 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 through Section 11, nor shall Employee be eligible for the severance benefit established herein. B. Should the Board decide for any reason other than cause as described herein to end the employment of the Employee, the Employee shall be entitled to: Four (4) months full salary plus health, dental, and life insurance coverage for the four (4) month period immediately following the date of separation, plus payment for any sick leave, at Employee's option, and annual leave the Employee earned and accumulated, but has not taken, within the period the Employee was an employee of Orange County. Employee is eligible for this severance benefit upon completing six months full time employment as the County's Clerk to the Board of County Commissioners. SECTION 5: RESIGNATION In the event Employee voluntarily resigns her position with the County the Employee shall give the County forty-five (45) days written notice in advance of such resignation. In the event of such resignation and the Employee having given at least forty-five (45) days written advance notice, the Employee shall be entitled to be paid for any accumulated sick leave or annual leave earned but not taken, but shall not be entitled to the severance benefit as set out in section 4B above. At its sole option, the County has the right to waive this forty-five (45) days written notice provision if it so chooses. 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, after reasonable accommodation is made by the County, to continue to perform the essential duties of the position, the County shall then have the Page 2 of 5 4 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. SECTION 7: SALARY Employee will be paid a base annualized salary of One Hundred Fifteen Thousand Dollars ($115,000.00), 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. A. 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. B. If Employee's salary adjustment is in the form of an increase greater than that of other county employees, such adjustment may be in the form of a decision of the Board of County Commissioners at a business meeting without an amendment to this Employment Agreement. In either event such Board action, upon approval of the Board's minutes reflecting such action, shall be accepted by both parties as an amendment to the Employee's base annualized salary reflected in this Section 7. SECTION 8: HOURS OF WORK As Clerk to the Board of County Commissioners, the employee is expected to maintain regular office hours, Monday through Friday. Additionally, Employee shall attend all meetings of the Board, unless excused by the Board Chair. It is further agreed and understood that the position of Clerk to the Board is exempt from the overtime provisions of the Fair Labor Standards Act under the Executive Exemption. It is understood that the Employee will periodically adjust regular work hours to account for time beyond the normal work day spent at meetings occurring outside normal office hours as described above, however, such adjustment shall not interfere with the performance of Employee's duties. SECTION 9: VACATION, HOLIDAYS, and SICK LEAVE Employee shall have the same holiday schedule as other County employees. Employee shall accrue annual and sick leave at the same rate as any employee subject to the Personnel Ordinance who has the same or similar number of years of service to Orange County. SECTION 10: OTHER BENEFITS Employee shall have access to and enrollment in the dental, health, and life insurance provided to general full time employees of County. If the Employee currently maintains a 401k or 457 supplemental retirement program with the State of North Carolina the County shall authorize and participate in that plan to the Employee's benefit at Page 3 of 5 5 the same rate and under the same conditions as the County currently or in the future may participate on behalf of other County employees. During the Employee's employment as Clerk to the Board, the Employee shall continue to reside in and maintain residence within Orange County. To encourage the Employee's continued professional awareness and education, the County agrees to authorize expenses annually within the county's approved budget toward the Employee's attendance at conferences, seminars and professional development courses including but not limited to the bi- annual meetings of the North Carolina Association of Municipal Clerks and other such state and local educational opportunities. For purposes of this section expenses shall include travel and subsistence expenses. Out of state travel and expenses shall be reimbursed only if written authorization by the Board Chair is secured prior to such out of state travel. 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. SECTION 12: INDEMNIFICATION In addition to that required under state and local law, County shall defend, save harmless, and indemnify Employee against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Clerk to the Board. The County reserves the right to, in its discretion, compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. This Section shall not apply to any intentional or willful omissions or acts of misconduct by the Employee or any grossly negligent act or omission. SECTION 13: BONDING County shall bear the full cost of any fidelity or other bonds required of the Employee as part of Employee's employment under any law or ordinance. 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. A County-owned laptop computer and a County-owned cellular telephone will be made available to Employee, at County expense, for Employee's use for County business. In the alternative to a County- Page 4 of 5 6 owned cellular telephone County shall, at Employee's option, reimburse Employee Fifty Dollars ($50.00) per month for Employee's use of her personal cellular telephone for County business. The employment provided for by this Employment Agreement shall be the Employee's sole employment. SECTION 15: GENERAL PROVISIONS The text herein shall constitute the entire agreement between the parties. This Employment Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. This Employment Agreement is effective the date first above recorded. During the term of her appointment Employee shall serve at the pleasure of the County Board of Commissioners as the Clerk to the Board subject to the terms of this Employment Agreement. If any provision, or any portion thereof, contained in this Employment Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Employment Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. This Employment Agreement may be amended from time to time by the Parties hereto and shall be effective when reduced to writing and signed by both Parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40, as applicable, of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF, the County has caused this Employment Agreement to be signed and executed in its behalf by its Board Chair, and duly attested by its Interim Clerk and sealed with its official seal, and the Employee has signed and executed this Employment Agreement. COUNTY EMPLOYEE BY: Laura Jensen Chair, Board of County Commissioners ATTEST: Interim Clerk: [SEAL] Page 5 of 5