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February 16, 2004 Page 373 SECTION I EFFECTIVE DATE OF EMPLOYMENT. For purposes of this Agreement, the effective date of employment of the EMPLOYEE as County Attorney shall be February 16, 2004. SECTION II. DUTIES AND RESPONSIBILITIES. EMPLOYER hereby agrees to employ Marilyn D. Porter as County Attorney for the County of Cabarrus, North Carolina. EMPLOYEE shall perform the functions and duties attendant to her office in accordance with all applacable North Carolina General Statutes and County Ordinances, as well as other legally permissible proper duties and functions attendant to such position as the BOARD shall from time to time assign through action of a majority of BOARD members. SECTION III TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYER to terminate the services of the EMPLOYEE at any tame, subject only to the provisions set forth an SECTION V., paragraph A and B of this Agreement. B. Nothing an this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any tame from her positaon with the EMPLOYER, subject only to the provisions set forth within SECTION V., paragraph D, of this Agreement SECTION IV. RESERVED SECTION V. TERMINATION AND POST-TERMINATION CONSULTING SERVICES. A EMPLOYER retains the right to terminate the employment of the EMPLOYEE as County Attorney at any time, with or without cause. If EMPLOYER exercises that right, EMPLOYER agrees to engage EMPLOYEE an the provision of consulting services as outlined herein 1. After ninety (90) days of service, EMPLOYEE will receive payment of salary and associated benefats equal to those being received immediately preceding termination for a period of nine (9) months. 2. EMPLOYEE shall be entitled to be paid for all accumulated vacation leave in accordance with Article VI of the Cabarrus County Personnel Ordinance. B. EMPLOYER shall not at any time during the term of this Agreement reduce the salary or any other financial benefits of the EMPLOYEE in any greater percentage than an applicable across-the-board reduction for all other employees of the County C. In the event the EMPLOYEE is convicted of a felony, the EMPLOYER shall not be under oblagation to pay the EMPLOYEE for any accumulated vacation leave under the County's pay plan. D In the event the EMPLOYEE elects to voluntarily resign her position as County Attorney with the County, the EMPLOYEE shall give the BOARD at least thirty (30) days notice in advance, unless the parties otherwise agree. SECTION VI DISABILITY If EMPLOYEE Ks permanently disabled or Ks otherwise unable to perform her duties because of sickness, accident, injury, mental incapacaty or health for a perlod of thirty (30) consecutive days beyond any accrued sick and vacation leave, EMPLOYER shall have the option to terminate the EMPLOYEE, sub3ect to the requirements of SECTION V, paragraph A, I above. SECTION VII. SALARY Employer agrees to pay EMPLOYEE for her services pursuant hereto an annual base salary of not less than ninety thousand dollars ($90,000.00) payable an installments at the same time as other employees of the County are paid. The EMPLOYER may increase said base salary and/or benefits of the EMPLOYEE in such amounts and to such extent as the BOARD may determine desirable. Notwithstanding any other provisions of this Agreement, EMPLOYEE shall be entitled to receive, at a minimum, cost of living salary adjustments on the same basis as other County employees; and EMPLOYER will also increase the base salary of the EMPLOYEE or provide a bonus payment to the EMPLOYEE in an amount commensurate with the extent to which the EMPLOYEE has met the expectations of the EMPLOYER as indicated by khe annual performance review of said EMPLOYEE SECTION VIII. PERFORMANCE EVALUATION. A. The BOARD shall review and evaluate the performance of the EMPLOYEE at least once annually. For purposes of this Agreement, at is assumed that the evaluataon