2010-134 BOCC - Clerk to the Board, Donna S. Baker, Employment Agreement

Browse Search

termination by the Board of the Employee without cause shall be subject to the terms and conditions of Section 4(B). 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 bringing such charges. The County may suspend the employee with pay without notice at any time. For purposes of this Employment Agreement cause shall include misconduct as defined in G.S. 96- 14(2) whether such misconduct occurs on or off the job, any felonious act committed by Employee, or an act punishable under the "reasons of personal conduct" 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 reasons set out in this section, prior to its designated term, 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. B. Should the Board of County Commissioners decide for any reason other than those described and set out in Section 3 (above) to end the employment of the Employee, the Employee shall be entitled to: Four (4) months full salary and health, dental and life insurance coverage for the same period, plus payment for any accumulated sick leave and vacation time the Employee earned and accumulated within the period the Employee was an employee of Orange County. SECTION 5: RESIGNATION In the event Employee voluntarily resigns her 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 or vacation days 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 ninety (90) days 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 and is unable to continue to perform the essential duties of the position Page 2 of 5