Agenda - 12-15-2020; 8-l - Appointment of the Clerk to the Board

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3 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 includes misconduct as defined in G.S. 96-14.6 whether such misconduct occurs on or off the job, any felonious act committed by Employee, any intentional violation of the Orange County Ethics and Conduct for Senior Staff Policy, 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 cause 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 through Section 11, nor shall Employee be eligible for the severance benefit established herein. B. Should the Board decide for any reason other than cause as described herein to end the employment of the Employee, the Employee shall be entitled to: Four (4) months full salary plus health, dental, and life insurance coverage for the four (4) month period immediately following the date of separation, plus payment for any sick leave, at Employee's option, and annual leave the Employee earned and accumulated, but has not taken, within the period the Employee was an employee of Orange County. Employee is eligible for this severance benefit upon completing six months full time employment as the County's Clerk to the Board of County Commissioners. SECTION 5: RESIGNATION In the event Employee voluntarily resigns her position with the County the Employee shall give the County forty-five (45) days written notice in advance of such resignation. In the event of such resignation and the Employee having given at least forty-five (45) days written advance notice, the Employee shall be entitled to be paid for any accumulated sick leave or annual leave 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 forty-five (45) days written notice provision if it so chooses. SECTION 6: DISABILITY OR DEATH If Employee becomes permanently disabled because of sickness, accident, injury, mental incapacity, or another health related issue and is unable, after reasonable accommodation is made by the County, to continue to perform the essential duties of the position, the County shall then have the Page 2 of 5