2016-718 BOCC - Clerk to the Board, Donna S. Baker, Fourth Employment Agreement Amendment

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ORANGE COUNTY FOURTH EMPLOYMENT AGREEMENT AMENDMENT NORTH CAROLINA THIS FOURTH EMPLOYMENT AGREEMENT AMENDMENT, ("Amendment") made and entered into this the 7th day of June, 2016, by and between Orange county, a political subdivision of the State of North Carolina, hereinafter called "County", party of the first part, and Donna Baker hereinafter called "Employee", party of the second part: WITNESSETH: WHEREAS, the County and Employee entered into an Employment Agreement dated June 15, 2010 and amended on June 18, 2013, June 17, 2014, and June 2, 2015 for services as Clerk to the Board of the County government, (hereinafter the "Amended Agreement"); and WHEREAS, the County and Employee desire to amend the Amended Agreement, while keeping in effect all terms and conditions of the Amended Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to amend the Amended Agreement as follows: 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, at the then current salary rate, and health, dental and life insurance coverage for the same period, plus payment for any accumulated annual leave and sick leave the Employee earned and accumulated within the period the Employee was an employee of Orange County. SECTION 7: SALARY Employee will be paid a base annualized salary of $105,000.00, payable on the same schedule as for other County employees. Changes to Employee's compensation shall be administered in a manner similar to other county employees subject to an evaluation process administered by the Board of County Commissioners. If Employee is to receive a salary adjustment equal to adjustments received by all county employees such adjustment, in the form of an increase, may be granted without amendment to this Employment Agreement. If Employee's salary adjustment is in the form of a decrease or an increase greater than that of all county employees, such adjustment must be in the form of an amendment to this Employment Agreement.