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4. Within the first 30 days after Mr. Roberts' appointment, the Board of <br />Commissioners will meet with Mr. Roberts in order to discuss and adopt a performance plan of <br />priorities, goals and objectives for the first 12 months after his appointment for him and the <br />office of the County Attorney. This meeting will be facilitated by The Mercer Group. The Board <br />will meet with Mr. Roberts and conduct a first performance review within 6 months after the <br />date of his appointment. This review may occur at an earlier time or a later time, not more than 9 <br />months after the date of Mr. Roberts' appointment, at the Board's election. Mr. Roberts' salary <br />will be subject to review and merit consideration no later than his appointment first anniversary <br />and annually thereafter. As part of the annual performance review the Board and Mr. Roberts <br />will discuss and update the performance plan and the annual compensation paid to Mr. Roberts. <br />5. If the Board terminates the at will appointment of Mr. Roberts as County Attorney <br />within 6 months of his initial appointment or within 9 months if the Board elects to delay the first <br />performance review with Mr. Roberts beyond 6 months, Mr. Roberts will receive no termination <br />or severance compensation. His compensation and benefits will, upon such termination, be paid <br />and terminated in the manner as all other full time, permanent County employees. <br />6. In the event the Board terminates the at will appointment of Mr. Roberts, other <br />than as provided in paragraph number 5, for reasons other than personal misconduct as defined in <br />the Orange County Personnel Ordinance, Mr. Roberts will receive a lump sum payment equal to <br />4 months of his then current annual salary plus an amount equal to the value of accrued leave <br />(but not sick leave) at the time of the termination. <br />7. Mr. Roberts will provide Orange County with 45 days' notice of his intent to <br />resign should he decide to do so. Mr. Roberts will receive no termination or severance <br />