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within the period the Employee was an employee of Orange County, if the Employee is terminated on <br />or after January 5, 2013. <br />SECTION 5: RESIGNATION <br />In the event Employee voluntarily resigns his position with the County the Employee shall give the <br />County ninety (90) days written notice in advance of such resignation. In the event of such <br />resignation and the Employee having given at least ninety (90) days written advance notice, the <br />Employee shall be entitled to be paid for any accumulated sick leave or vacation days earned but not <br />taken but shall not be entitled to the severance benefit as set out in section 46 above. At its sole <br />option, the County has the right to waive this ninety (90) days written notice provision if it so <br />chooses. <br />SECTION 6: DISABILITY <br />If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity or <br />another health related issue and is unable to continue to perform the essential duties of the position <br />of County Manager, the County shall then have the option to terminate this Employment Agreement <br />subject to the severance provisions as outlined in Section 4B above. <br />SECTION 7: SALARY <br />Employee will be paid an annualized salary of $161,200, payable on the same schedule as for other <br />County employees. Changes to Employee's compensation shall be administered in a manner similar <br />to other county employees subject to an evaluation process administered by the Board of County <br />Commissioners. <br />SECTION 8: HOURS OF WORK <br />As County Manager, the employee is expected to maintain office hours, Monday through Friday, 8:00 <br />a.m. to 5:00 p.m. Additionally, Employee shall attend all meetings of the Board. It is further agreed <br />and understood that the position of County Manager is exempt from the overtime provisions of the <br />Fair Labor Standards Act under the Executive Exemption. It is understood that the Employee will <br />periodically adjust regular work hours to account for time beyond the normal work day spent at <br />meetings occurring outside normal office hours as described above, however, such adjustment shall <br />not interfere with the performance of Employee's duties. <br />SECTION 9: VACATION, HOLIDAYS, and SICK LEAVE <br />Employee shall have the same holiday schedule as for County employees; Employee will be credited <br />for vacation time and sick leave from the period beginning June 15th, 2009, going forward at a rate <br />consistent with employees of the county with ten (10) years service or more. It is understood and <br />agreed by the Parties that the leave benefit rate provided to Employee consistent with a county <br />employee with ten (10) years service shall apply to vacation and sick leave only and shall not apply to, <br />nor be construed as granting Employee, any retirement credit, retirement health or medical <br />insurance benefit, or longevity pay benefit. <br />Page 3 of 6 <br />