BC 2004 12 14 SPECIAL - Laserfiche WebLink

Home Browse Search

December 14, 2004 - Special Meeting Page 17 interpretation of this Agreement. This Agreement shall be governed by and construed and enforced in accordance with, North Carolina laws applicable to contracts made and to be performed therein, without giving effect to conflict of laws principles. with that last (d) References. The Board agrees to abide by a neutral reference policy respect to inquiries from potential employers about Porter. Pursuant to policy, the County will provide only Porter's dates of employment and position held. In Witness Whereof, the Cabarrus County Board of Commissioners has caused this Agreement to signed and executed in its behalf by the Chair of the Board and duly attested and Porter has signed and executed this Agreement, both in duplicate, effective the --- day of December, 2004. Attest: Frankie F. Bonds Carolyn B. Carpenter, Chairman Marilyn D. Porter Ms. Porter requested a time period of more than two and one-half days for her attorney to review the proposed document. There was lengthy discussion regarding the proposed Agreement and General Release, the 2004 Employment Agreement and County legal services. Issues addressed included the following: (1) Desire to reorganize the County legal services to include a staff attorney who would report to the County Manager and be subject to the County Personnel Ordinance and also provide for a retained attorney to serve as the legal advisor to the Board; (2) Opportunity for Ms. Porter to apply for the new staff attorney position; (3) Nine months severance pay to be paid to Ms. Porter as provided for in both the Agreement and General Release and the 2004 Employment Agreement; (4) Costs for both a county attorney plus a staff attorney; (5) Legal expenses previously paid to the law firm of Hartsell and Williams; and (6) Ms. Porter's performance as County Attorney. vice Chairman Carruth amended his motion to extend the time for execution of the Agreement and General Release until 12: 00 noon on Monday, December 20. Commissioner Juba seconded the motion which was approved with Vice Chairman Carruth, Chairman Carpenter and Commissioner Juba voting for and Commissioners Freeman and Privette voting against. Ms. Porter read a section of her 2004 Employment Agreement that stated "employer agrees to provide employee with adequate support staff needed for her to perform her responsibilities." She said for the record that she had made two written requests for an assistant but had only been provided limited secretarial assistance. She commented on her performance as County Attorney, stating she had exceeded her target goal for the number of contracts reviewed, had successfully handled litigation matters and had acted as counsel for the Watershed Improvement Commission hearings. In addition, Ms. Porter commented on the events of the December 6th meeting, specifically the discussion related to the drafting of the Memorandum of Understanding with the City of Concord and the Board's refusal to go into Closed Session as she requested. Commissioner Privette made a motion, seconded by Commissioner Freeman, to table the issue until 6:30 p.m. on December 20, 2004. The motion failed with Commissioners Freeman and Privette voting for and Vice Chairman Carruth, Chairman Carpenter and Commissioner Juba voting against. UPON MOTION of Vice Chairman Carruth, seconded by Commissioner Juba with vice Chairman Carruth, Commissioner Juba and Chairman Carpenter voting for and Commissioners Freeman and Privette voting against, the Board approved the Agreement and General Release (set forth above) between the Board of Commissioners and Marilyn Porter; and agreed if the Agreement and General Release is not fully executed by 12:00 noon on Monday, December 20, 2004, the Employment Agreement dated February 16, 2004 between Cabarrus County and Ms. Porter shall be terminated as of that time and the severance provision of said Employment Agreement implemented effective on that date. Adjournment UPON MOTION of Commissioner Privette, seconded by Chairman Carpenter and unanimously carried, the Board adjourned the meeting at 6:25 p.m. j~ J.~ Clerk to the Board