|
<br />December 14, 2004 - Special Meeting
<br />
<br />Page
<br />
<br />13
<br />
<br />AGREEMENT AND GENERAL RELEASE
<br />
<br />The Board of County Commissioners (the "Board") of Cabarrus County,
<br />North Carolina, (the "County") and Marilyn D. Porter ("Porter"), agree as
<br />follows:
<br />Whereas, the Board has determined that it is in the best interest of
<br />the County to eliminate the current full-time position of Board-appointed
<br />attorney, which is the position that Porter currently occupies¡ and
<br />Whereas, in order to continue to provide important day-to-day legal
<br />service to the County and its personnel, real estate lien processing,
<br />personnel law review and assistance, and other routine services, the Board
<br />intends to establish the position of staff attorney ("Staff Attorney"), who
<br />will report to the county manager and who will be subject to all provisions
<br />related to the Cabarrus County Personnel Ordinance (the "Personnel
<br />Ordinance"), with such position filled by competitive posting for application
<br />by all qualified candidates¡ and
<br />Whereas, pursuant to the terms of the Employment Agreement by and
<br />between Employee and the County executed and effective February 16, 2004 (the
<br />"February 2004 Employment Agreement"), the Board may terminate Porter
<br />immediately without cause¡ and
<br />Whereas, in consideration of Porter's service to the Board and the
<br />County and other good and valuable consideration, the parties hereto desire
<br />to allow Porter an opportunity to be employed as Staff Attorney or as another
<br />employee of the County. Therefore, the parties agree as follows:
<br />
<br />Section 1 - Employment of Porter
<br />
<br />(a) Immediate Resignation. Porter will resign effective immediately.
<br />However, Porter will be paid for the month of December 2004 as thought (sic)
<br />she had been placed on paid administrative leave effective December 14, 2004,
<br />through December 31, 2004. The County and the Board waive the 30-day notice
<br />requirement of Paragraph V.D of the February 2004 Employment Agreement. Even
<br />though she is paid during such period, Porter is relieved of all powers and
<br />duties and Porter shall not serve as County Attorney and shall no authority
<br />to act on behalf of, or to bind or represent, the Board or the County.
<br />
<br />(b) Salary Continuation. Even though she has resigned, beginning
<br />January 1, 2005, Porter will receive salary continuation through September
<br />30, 2005 in accordance with the terms of Paragraph V.A.1 of the February 2004
<br />Employment Agreement except that, if the Board or the County implements a
<br />cost of living increase as described in Section VII of the February 2004
<br />Employment Agreement after December 14, 2004, Porter will not receive such
<br />increase. In addition, Porter may receive continued benefit coverage for
<br />medical, vision and dental (provided Porter had such coverage as of December
<br />14, 2004) in accordance with the February 2004 Employment Agreement and
<br />Personnel Ordinance. Porter will receive accrued but unused vacation in
<br />accordance with the February 2004 Employment Agreement and the Personnel
<br />Ordinance. However, because she is resigning, Porter will not receive any
<br />other benefits established in the February 2004 Employment Agreement that not
<br />expressly provided in this Agreement. For example, she will not be eligible,
<br />for the benefits of paragraph IX (automobile allowance), X (sick leave), XIII
<br />(payment of dues), or XIV (travel).
<br />
<br />(c)
<br />construed
<br />Attorney.
<br />give her
<br />qualified
<br />
<br />Porter May Apply for Staff Attorney. Nothing herein shall be
<br />as prohibiting Porter from applying for the position of Staff
<br />If Porter applies for the Staff Attorney position, County agrees to
<br />application equal consideration as the application of any other
<br />candidate.
<br />
<br />(d) Payments to Porter. Pending the outcome of Subparagraphs (I),
<br />(II), and (III) below, the County will pay Porter a portion of the payment
<br />provided in Paragraph V.A.1 of the February 2004 Employment Agreement on the
<br />same dates and in the same amounts as she is currently paid.
<br />
<br />(I) If the County or the Board employs Porter as
<br />September 30, 2005, the County will cease paying
<br />established in the February 2004 Employment Agreement
<br />employment as Staff Attorney and, instead, Porter will
<br />the rate provided by the Personnel Ordinance.
<br />
<br />Staff Attorney before
<br />Porter at the rate
<br />upon the date of her
<br />be paid thereafter at
<br />
<br />(II) If Porter applies for the position of Staff Attorney but is not
<br />hired to fill such position, the County will pay Porter the balance of the
<br />amounts owed to her pursuant to the February 2004 Employment Agreement less
<br />the amounts that Porter receives subsequent to January 1, 2005.
<br />
<br />(III) If Porter elects not to apply for the position of Staff Attorney,
<br />
|