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HomeMy WebLinkAboutAgenda 11-02-23; 8-f - Amendments to the Employment Agreements – County Manager and County Attorney 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 2, 2023 Action Agenda Item No. 8-f SUBJECT: Amendments to the Employment Agreements — County Manager and County Attorney DEPARTMENT: Board of County Commissioners ATTACHMENT(S): INFORMATION CONTACT: Manager— Fifth Amendment to Brenda Bartholomew, Human Resources Employee Agreement Director, (919) 245-2552 Attorney — Ninth Amendment to Employee Agreement PURPOSE: To amend the Employee Agreements for the County Manager ("Manager"), and the County Attorney ("Attorney"). BACKGROUND: As per Article I of the Orange County Code of Ordiances Section 28.2 (a), the provisions of such shall be applicable to all employees except as provided to members of the Board of Commissioners, County Attorney, County Manager, Clerk to the Board, and members of advisory and special boards and commissions are exempted, except in sections where specifically included. The Manager, Attorney, and the Clerk to the Board report directly to the Board of County Commissioners ("Board") and are considered contractual employees and as stated above may not be subject to or protected as employees under the Personnel Ordinance. The Board conducted individual annual employee performance evaluation meetings with the Manager, Attorney, and the Clerk to the Board. In review of salaries, the Board has determined that salary adjustments are warranted for the Manager and Attorney to achieve salaries competitive with other counties and municipalities. The Manager and the Attorney have not received equity adjustments since 2019 and 2016 respectfully. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. FINANCIAL IMPACT: This action will increase the costs associated with the Manager's compensation by approximately $12,900 plus associated benefits and will increase the costs 2 associated with the Attorney's compensation by approximately $28,500 plus associated benefits. RECOMMENDATION(S): The Chair recommends the Board approve the contract amendments and authorize the Chair to execute the amendments. 3 ORANGE COUNTY FIFTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS AMENDMENT, made and entered into this the 2nd day of November 2023 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, as amended, 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, and for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to amend the Original Agreement by deleting Section 7 in its entirety and replacing it with a new Section 7 as follows: SECTION 7:SALARY Employee will be paid a base annualized salary of Two Hundred Forty Thousand Dollars ($240,000.00), 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, as a percentage, 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, as a percentage, than that of other county employees, such adjustment must be in the form of an amendment to this Employment Agreement. IN TESTIMONY WHEREOF,this Amendment has been executed by the parties hereto and is effective July 1, 2023. COUNTY EMPLOYEE BY: Jamezetta Bedford 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: Office of the Chief Financial Officer Date: 4 ORANGE COUNTY NINTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS AMENDMENT, made and entered into this the 2nd day of November, 2023 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: WITNESSETH: WHEREAS, the County and Employee entered into an Employment Agreement dated August 17, 2010, as amended, for the management and provision of legal services to the Board of Commissioners and County government (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, and for good and valuable consideration, the receipt of which is acknowledged, the parties agree to amend the Original Agreement by deleting Section 7 in its entirety and replacing it with a new Section 7 as follows: SECTION 7:SALARY Employee will be paid a base annualized salary of Two Hundred Seventeen Thousand Five Hundred Dollars ($217,500.00), 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, as a percentage, 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, as a percentage, than that of other county employees, such adjustment must be in the form of an amendment to this Employment Agreement. IN TESTIMONY WHEREOF,this Amendment has been executed by the parties hereto and is effective July 1, 2023. COUNTY EMPLOYEE BY: Jamezetta Bedford 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 Date: