AG 2003 08 18 - Laserfiche WebLink

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' DRAFT July 21, 2005 i Page 209 WHERRY, theiEMPLOYER and EMPLOYEE consider it prudent to enter into an agreement to assu~e continuous harmoniou· and effective management of the County's affairs ~n the event of the termination or resignation of thc EMPLOYEE a· Cabarr~s County Manager; and, WHEREAS, bar, parties recognize the professional nature of the position of County Manager ~nd that the recruitment and e~loyment of an individual in the capacity of Cc~unty Manager require· a lengthy and involved process; the EMPLOYER makes a ~aJor investment in time, effort and public dollars in recruiting, select~ng, and car·pens·ting the EMPLOYEE; and the EMPLOYEE by accepting the po·i~on of County Manager, relinquishes the security afforded to him by the Caba~rus County Personnel Ordinance in his current capacity as Deputy County Manager. NOW, THEREFORE, in consideration of ~he promise· and mutual covenants and agreements con'~ained herein, it is mutually covenanted and agreed by and between the parties hereto a· SECTION I. EFFECTI%E DA~q~ OF EMPLOYMENT For purposes of this agreement, the effective date of employment of the EMPLOYEE as County Manager shall be July 21"~, 2003. SECTION II. DUTIES ~uND RESPONSIBILITIES EMPLOYF~ her*~by agrees to employ John David Day as County Manager for the County of Cabe~rus, North Carolina. Employee shall perform the functions and duties specifi%d in =he North Carolina General Statutes, County Code of Ordinances, annualI Budget Ordinance and other legally permissible proper du=ie· and functions a· the Board shall from time to time assign through action of a maJorit~ of Board me,ers. SECTION III. ~ERM · A. Nothing lin this agreement shall prevent, limit or otherwise interfere with thai right of the EMPLOYER to terminate the sex-vices of the EMPLOYEE at any ti~e, subject only to the provisions set forth in SECTION V., paragraph A and B o~ this agreeMnt. B. Nothing in ~his agreement shall prevent, limit or otherwise interfere with the right of ~he EMPLOYEE to resign at any time from his position with the EMPLOYER, subJpct only to the provi·ions set forth within SECTION V., paragraph D, of thi~ agreement. SECTION IV. RESERVE~ SECTION V. TERMINAT A. EMPLOYER EMPLOYEE as County exercises that rig~, consulting service· 1. EMPLOYEE equal to those beiz of nine (9) months. £ON AND POST-TERMINATION CONSULTING SERVICES retains the right to terminate the employment of the Manager at any time, with or without cause. If EMPLOYER t. EMPLOYER agrees tO engage EMPLOYEE in the provision of al outlined herein: will receive payment of salary and associated benefits ~ received immediately preceding termination for a period 2. EMPLOYEE mhall be entitled to be paid for all accumulated vacation leave in accordar,,ce with Article VI of the Cab·true County Personnel Ordinance. B. EMPLOYER ~hall not at any time during the term of this agreement reduce the salary or any other financial benefits of the EMPLOYEE in any grea~er percentage~ than an applicable across-the-board reduction for all other employees of ~he county. C. In the event the EMPLOYEE is convicted of a ~elony, the EMPLOYER shall, not be unde~ obligation to pay the EMPLOYEE for any accumulated vacation leave unde~the County,· pay plan. D. In the event the EMPLOYEE elect· to voluntarily resign hie position as County Manager w}th the County, the EMPLOYEE shall give the Board at leas= thirty (30) days no~ice in advance, unless the parties othel'w~se agree. SECTION VI. DISABILi If EMPLOYEE his duties because for a period of vacation leave, EM] · ubject to the requ: SECTION VII. S~J~ARY EMPLOYER agra annual baee ·alary same time as othe: · permanently disabled or is otherwise unable to perfom )f eickne·s, accident, injury, mental incapacity or health ~irty (30) consecutive days beyond any accrued sick and ~LOYER ·hall have the option to terminate the EMPLOYEE, .rementa of SECTION V, paragraph A, I above. es to pay EMPLOYEE for hie services pursuant hereto an ~f not leas than $135,000, payable in installments at the ~ employees of the County are paid. The EMPLOYER may