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3 <br />SECTION 3: SUSPENSION <br />County may suspend the Employee without pay and benefits at any time during the term of <br />employment, but only if a majority of the Board votes to suspend Employee for cause, provided, <br />however, that Employee shall have been given written notice setting forth any charges at least ten <br />(10) days prior thereto by the Board members bringing such charges. The County may suspend the <br />employee with pay without notice at any time. <br />For purposes of this Employment Agreement cause shall include misconduct as provided for in the <br />Orange County Personnel Ordinance whether such misconduct occurs on or off the job or any <br />felonious act committed by Employee. <br />SECTION 4: TERMINATION/SEVERANCE <br />A. During the term of his appointment Employee shall serve "at will" as the County Attorney subject <br />to the terms and conditions of this Employment Agreement. <br />B. This Employment Agreement may be terminated for acts by Employee constituting cause as <br />defined in Section 3 and subject to the same process as set out in Section 3. In the event this <br />Employment Agreement is terminated for reasons set out in this section, prior to its designated term, <br />the Employee shall not be entitled to, nor shall County have further obligation to pay, Employee's <br />salary or benefits as described in Section 7. <br />C. Should the Board of County Commissioners decide for any reason other than those described and <br />set out in Section 3 (above] to end the employment of the Employee, the Employee shall be entitled <br />to: <br />Four (4) months full salary, at the then current salary rate, and health, dental and life insurance <br />coverage for the same period, plus payment for any accumulated vacation leave the Employee <br />earned and accumulated within the period the Employee was an employee of Orange County. <br />SECTION "5: RESIGNATION <br />In the event Employee voluntarily resigns his position with the County the Employee shall give the <br />County forty-five (45) days written notice in advance of such resignation. In the event of such <br />resignation and the Employee having given at least forty-five (45) days written advance notice, the <br />Employee shall be entitled to be paid for any accumulated vacation leave earned but not taken but <br />shall not be entitled to the severance benefit as set out in section 46 above. At its sole option, the <br />County has the right to waive this forty-five (45) days written notice provision if it so 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 Attorney, 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 />Page 2 of 5 <br />