BC 1995 12 14 - Laserfiche WebLink

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601 WHEREAS, both parties recognize the professional nature of the position of County Manager and that the recruitment, relocation and employment of an individual in the capacity of County Manager requires a lengthy and involved process; the EMPLOYER makes a major investment in time, effort and public dollars in recruiting, selecting, relocating and compensating the EMPLOYEE; and the EMPLOYEE by accepting the position of County Manager is required to relocate and establish new residence within the County involving great expense in time, effort and personal dollars. NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements contained herein, it is mutually covenanted and agreed by and between the parties hereto as follows: SECTION I. EFFECTIVE DATE OF EMPLOYMENT A. For all purposes of this agreement except health, disability and life insurance, the effective date of employment of the EMPLOYEE as County Manager shall be February 5, 1996. B. For the purpose of implementing insurance benefits with the actual employment reporting date (February 5, 1996), the date of this agreement will be deemed the effective date of employment. SECTION II. DUTIES AND RESPONSIBILITIES EMPLOYER hereby agrees to employ Frank Wilson Clifton, Jr. as County Manager for the County of Cabarrus, North Carolina. EMPLOYEE shall perform the functions and duties specified in the North Carolina General Statutes, County Code of Ordinances, annual Budget Ordinance and other legally permissible proper duties and functions 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 time, subject only to the provisions set forth in SECTION V., paragraph A and B of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his position with the EMPLOYER, subject only to the provisions set forth within SECTION V., paragraph D, of this agreement. SECTION IV. SUSPENSION EMPLOYER may suspend the EMPLOYEE with full pay and benefits at any time during the term of this agreement, but only if: A. The Board, by majority vote at any regular or called meeting, may suspend the County Manager with full pay and benefits. B. The Board shall within five days of such action to suspend the County Manager provide in writing a detailed explanation for the suspension. C. The Board shall within ten days of such action to suspend the County Manager provide a public hearing to review the suspension. Following the public hearing, the Board shall decide whether the suspension should be continued or lifted. SECTION V. TERMINATION AND SEVERANCE PAY A. EMPLOYER retains the right to terminate the employment of the EMPLOYEE at any time, with or without cause. Subject to that right, the EMPLOYER agrees that the EMPLOYEE shall be entitled to severance pay as outlined herein: 1. EMPLOYEE will receive one (1) month of actual salary and associated benefits as outlined within the confines of this agreement for each twelve (12) months of completed service with the County, but with a minimum of six (6) months. 2. EMPLOYEE shall be entitled to be paid for all accumulated sick and vacation leave acquired under the EMPLOYER'S pay plan. 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.