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ORANGE COUNTY <br /> THIRD EMPLOYMENT AGREEMENT AMENDMENT <br /> NORTH CAROLINA <br /> THIS THIRD EMPLOYMENT AGREEMENT AMENDMENT, ("Amendment") made and entered <br /> into this 17th day of June 2014, by and between Orange County, a political subdivision of the <br /> State of North Carolina, hereinafter called "County", party of the first part, and John Roberts, <br /> hereinafter called "Employee", party of the second part (hereinafter together called the <br /> "Parties") amends the Employment Agreement entered into by the Parties on the 17th day of <br /> August, 2010 as amended on the 17th of May 2011, and the 15th of May 2012, (hereinafter <br /> called the "Amended Agreement"). <br /> WITNESSETH <br /> WHEREAS, it is the desire of the Orange County Board of County Commissioners to provide <br /> certain benefits, to establish certain conditions of employment, and to set working conditions <br /> of said Employee as provided in §§ NCGS 153A-25, 153A-92 and 153A-93; and <br /> WHEREAS, the County and Employee desire to amend the Amended Agreement while keeping <br /> in effect all terms and conditions of the Amended Agreement not inconsistent with the terms <br /> and conditions set forth herein. <br /> NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties <br /> agree to amend the Amended Agreement as follows: <br /> SECTION 3: SUSPENSION <br /> A. County may suspend 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, <br /> provided, however, that Employee shall have been given written notice setting forth any <br /> charges and/or allegations at least ten (10) days prior thereto by the Board members bringing <br /> such charges and/or allegations. The County may suspend the employee with pay at any time. <br /> Prior to the implementation of any suspension Employee shall be given an opportunity to <br /> respond to the charges and/or allegations in a closed session meeting with the Board. <br /> B. For purposes of this Agreement cause shall include misconduct as defined in G.S. 96-14.6, <br /> whether such misconduct occurs on or off the job, any felonious act committed by Employee, <br /> or an act punishable under the "reasons of personal conduct" section of Chapter 28 of the <br /> Orange County Code of Ordinances. <br /> Page 1 of 2 <br />