HomeMy WebLinkAbout2020-768-E BOCC-Laura Jensen employment contractPage 1 of 6
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”, and Laura Jensen, hereinafter called “Employee”:
W I T N E S S E T H
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 4th, 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 interf ere 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).
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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 brin ging 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 con duct” 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
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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
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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 Syste m,
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 -
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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 her eto 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 the Employee has signed and executed this Employment
Agreement.
COUNTY EMPLOYEE
BY:_______________________________ ________________________________
Renee Price Laura Jensen
Chair, Board of County Commissioners
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Laura Jensen Party/Vendor Contact Person: Contact Phone: Party/Vendor Address:
City Hillsborough State: NC Zip: 27278 Department: Board of Commissioners Amount: Purpose:
Budget Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract
Type: (Check one) New Renewal Amendment Effective Date 12/15/20 Approved by Board Yes No
Agenda Date: 12/15/20
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement
have already begun or been completed please briefly describe the nature of the emergency condition that was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as
to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
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 ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 5B52919B-C820-4A3C-ADB5-8EB640748768
12/16/2020
12/16/2020