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HomeMy WebLinkAboutOTHER-2024-058-Employment Agreement for Travis Myren n � Its ( ORANGE COUNTY EMPLOYMENT AGREEMENT NORTH CAROLINA THIS EMPLOYMENT AGREEMENT ( "Agreement" ) , made and entered into this the 18t" day of June, 2024, by and between Orange County, a political subdivision of the State of North Carolina , hereinafter called " County" , party of the first part, and Travis Myren hereinafter called " Employee " , party of the second part, referred . to collectively as " Parties" : WITNESSETH WHEREAS, County desires to employ the services of the Employee as County Manager of Orange County as provided by NCGS 153A- 81; and i 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 i WHEREAS, the Employee desires to accept employment as County Manager of Orange County, NOW THEREFORE, in consideration of the mutual covenants herein contained , the Parties agree as follows : SECTION 1 : DUTIES Count hereby agrees to employ the Employee as Count Manager of Orange Count to perform the functions Y Y g p YY g g Y p � and duties specified in North Carolina General Statute 153A- 82 and to , perform other legally permissible and proper duties and functions as the Board shall from time to time assign . SECTION 2 : TERM Employee ' s date of full -time employment will begin Jul 17 2024 at 5600 p . m . Employee ' s employment shall continue for an unspecified term of service subject to the terms of this Agreement and any amendment or G mutual agreement approved by both Parties . Such amendment or mutual agreement must be in writing in the G form of an Amendment to this Agreement and signed by both Parties . SECTION 3 : SUSPENSION E, c A . County may suspend 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 and/or allegations prior thereto . The County may suspend the employee with pay at any time . For any suspension for cause Employee shall be given an opportunity to respond to the charges and allegations in a closed session meeting with the Board . B . For purposes of this Agreement cause shall include misconduct as defined in G . S . 9644 . 6, whether such k' misconduct occurs on or off the job, any felonious act committed by Employee , or an act punishable under the " reasons of personal conduct" section of Chapter 28 of the Orange County Code of Ordinances . SECTION 4 : TERMINATION/SEVERANCE A . This Agreement may be terminated for acts by Employee constituting cause as cause is defined in Section 3B and subject to the same process as set out in Section 3A . In the event this Agreement is terminated with or Pagel of S without cause the Employee shall not be entitled to , nor shall County have further obligation to pay, Employee' s salary or benefits as described in Sections 7, 9, and 10 . B . Should the Board decide for any reason , other than those described and set out in Section 313, to end the employment of the Employee the Employee shall , on the date of termination , be entitled to payment equal to five ( 5 ) months full salary together with health , dental , and life insurance coverage for a five ( 5 ) month period , plus payment for any accumulated sick leave and annual leave earned but not taken . SECTION 5 % RESIGNATION In the event Employee voluntarily resigns their position with the County the Employee shall give the County ninety ( 90 ) days written notice in advance of such resignation . In the event of such resignation and the Employee having given at least ninety ( 90 ) days written advance notice , the Employee shall be entitled to be paid for any accumulated sick leave and 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 some or all of this ninety ( 90 ) day written notice provision if it so chooses . SECTION 6 : DISABILITY If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity, or another health - related issue, including death, and is unable to continue to perform the essential duties of the position , the County shall then have the option to terminate this Agreement upon payment of the severance benefit as outlined in Section 4B above to Employee or Employee ' s estate . SECTION 7 : SALARY Employee will be paid an annualized salary of Two Hundred Fifty-Two Thousand Dollars ( $ 252 , 000 ) , 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 . 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 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 Agreement . SECTION 8 : HOURS OF WORK As County Manager, the Employee is expected to maintain office hours, Monday through Friday, 8 : 00 a . m . to 5000 p . m . Additionally, Employee shall attend all meetings of the Board . It is further agreed and understood that the position of County Manager is exempt from the overtime provisions of the Fair Labor Standards Act under the Executive Exemption . It is agreed that the Employee may adjust regular work hours and flex time to account for time beyond the normal workday 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 that adopted for all County employees; Employee will accumulate annual leave and sick leave ( sick leave is accumulated at a flat rate regardless of years of service ) from the date of initial employment going forward at a rate consistent with employees of the County with twenty ( 20 ) years' service . It is understood and agreed by the Parties that the leave benefit rate provided to Employee consistent with a county employee with twenty ( 20 ) years' service shall apply to annual leave only and shall not apply to , nor be construed as granting Employee, any retirement credit, retirement health or medical insurance benefit, or longevity pay benefit . Page 2 of 5 SECTION 10 : OTHER BENEFITS A . Employee shall have access to and enrollment in the dental , health , and life insurance provided to general full time employees of County . A County- owned laptop computer, or similar portable device , will be available to Employee for use for County business at the expense of the County . The County shall reimburse the Employee a monthly amount of Eighty-five Dollars ( $ 85 . 00 ) for maintenance and use of a personal cell phone for county related business on a twenty-four hour basis . B . If the Employee currently maintains a 401k or 457 supplemental retirement program the County shall participate in that plan to the Employee ' s benefit by paying into said plan an amount equal to two and one half percent ( 2 . 5 % ) of Employee ' s base salary in an equal proportional amount each pay period . C . During the Employee ' s employment as County Manager, the Employee shall continue to reside in and maintain a residence within the territorial limits of Orange County, North Carolina . D . Employee shall receive an automobile allowance in the amount of Four Thousand Eight Hundred Dollars ( $ 4, 800 . 00 ) per year payable in equal monthly installments . The purpose of this automobile allowance is for Employee ' s use , operation, and maintenance of Employee' s personal vehicle ( s ) for County business . County shall not be responsible for any costs related to such operation and maintenance beyond said amount . The automobile allowance is in lieu of mileage reimbursements for employment related travel in Employee ' s vehicle ( s ) . Employee shall maintain and is solely responsible for the cost of liability, personal injury, property damage , collision , comprehensive , and all other insurance coverage, which shall include coverage of the County, on any vehicle used by Employee for County business . E . 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 scheduled meetings of the North Carolina and International Associations of City/County Managers, the North Carolina Association. of County Commissioners and other training opportunities of benefit to the Employee' s role as County Manager . 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 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 Employee ' s 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 . 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 County Manager . 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 acts or omissions by Employee that are deemed to be gross negligence on the part of the Employee, nor shall this Section apply to any intentional or willful acts of misconduct by the Employee . Page 3 of 5 SECTION 13 : BONDING County shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance . SECTION 14 : OTHER TERMS AND CONDITIONS A . The Board , in consultation with 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 Agreement or any applicable law . B . The employment provided for by this Agreement shall be Employee ' s sole employment except that Employee may teach various courses as they become available so long as such teaching does not interfere with Employee ' s duties and responsibilities required by this Agreement . C . Employee shall participate with the Board in an annual review . The first such annual review to take place on or about in June of 2025 and occurring approximately the same month annually thereafter . During the first year of employment as County Manager the Employee shall participate in a review with the Board approximately three months after the July 17 , 2024 date of employment . SECTION 15 : GENERAL PROVISIONS A . The text herein constitutes the entire agreement between the Parties . B . This Agreement shall be binding upon and inure to the benefit of the heirs , at law and executors of the Parties . C . This Agreement shall be interpreted , construed , and enforced in accordance with the laws of the State of North Carolina . Appropriate venue for any dispute arising out of this Agreement shall lie in the General Courts of Justice , Orange County, North Carolina . 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 of North Carolina General Statute Chapter 66 , D . This Agreement shall be effective July 17, 2024 at 5 : 00 p . m . E . During the term of appointment Employee shall serve "at will " as County Manager subject to the terms of this Agreement . F . Except as specified herein , this Agreement shall not convey any rights or benefits upon or to any person or entity which is not a party or a successor or permitted assignee of a party to this Agreement . G . If any provision , or any portion thereof, of this Agreement is held unconstitutional , invalid , or unenforceable, the remainder of this Agreement, or portion of the offending provision , shall be deemed severable, shall not be affected , and shall remain in full force and effect . [ Signature Page Follows ] Page 4 of 5 b IN WITNESS WHEREOF, County has caused this Agreement to be signed and executed in its behalf by its Board Chair, and duly attested by its Clerk and sealed with its official seal , and the Employee has signed and executed this Agreement in duplicate Originals . COUNTY EMPLOYEE BY : Jat ezetta edford , Chair Travis Myren Board of County Commissioners ATTESAnsen CLERK in Laura This ins . en has been pre - audited in the manner required by the Local Government Budget and Fiscal Contro Chief FAj Uncial 0 ficer i i i r E I I I G k I Pag e5of5