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398
<br />
<br /> The Board of Commissioners for the County of Cabarrus met in regular
<br />session in the Commissioners' Meeting Room at the Cabarrus County Governmental
<br />Center in Concord, North Carolina on Monday, December 16, 1991, at 6:30 P.M.
<br /> Present - Chairman: Carolyn B. Carpenter
<br /> Commissioners: William G. Hamby, Jr.
<br /> Jeffrey L. Barnhart
<br /> Kenneth F. Payne
<br /> Billy J. Simmons, Jr.
<br /> Chairman Carpenter called the meeting to order at 6:35 P.M. Commissioner
<br />Simmons was absent for the beginning of the meeting.
<br /> Also present were Mr. John V. Witherspoon, County Manager; Mr. Fletcher
<br />L. Hartsell, Jr., County Attorney; and Mrs. Frankie F. Bonds, Clerk to the Board.
<br /> The invocation was given by Reveremd Edward Koteskey of the New Life Church
<br />of the Nazarene.
<br /> UPON MOTION of Commissioner Hamby, seconded by Commissioner Payne with
<br />Commissioners Hamby, Payne, and Barnhart and Chairman Carpenter voting for, the
<br />minutes of November 26, 1991 and December 2, 1991, were approved as written.
<br />
<br />UNFINISHED BUSINESS
<br />
<br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Barnhart with
<br />Commissioners Payne, Barnhart and Hamby voting for and Chairman Carpenter voting
<br />against, the Board approved the following Employment Agreement with Mr. John V.
<br />Witherspoon.
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br />EMPLOYMENT AGREEMENT
<br />
<br /> THIS AGREEMENT, executed and entered into this 16th day of December, 1991,
<br />by and between CABARRUS COUNTY, a political subdivision of the State of North
<br />Carolina (hereinafter "CABARRUS"), the Employer, and JOHN V. WITHERSPOON
<br />(hereinafter "WITHERSPOON"), the Employeel
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, WITHERSPOON has been employed as County Manager (hereinafter
<br />"Manager") by CABARRUS effective November 18, 1991; and
<br /> WHEREAS, it is the desire of the Board of Commissioners of Cabarrus County
<br />(the "Board") to memorialize its understanding with WITHERSPOON with regard to
<br />certain benefits, conditions of employment and working conditions; and
<br /> WHEREAS, in order to express its confidence in WITHERSPOON, to provide
<br />inducement for WITHERSPOON to accept employment as Manager, and to insure the
<br />continued stability and sound operation of county government, the Board of
<br />Commissioners of CABARRUS desires to enter into this Employment Agreement for
<br />the services of WITHERSPOON as Manager of Cabarrus County government; and
<br /> WHEREAS, WITHERSPOON desires to accept employment as Manager of Cabarrus
<br />County government;
<br /> NOW, THEREFORE, in consideration of the mutual covenants herein contained,
<br />CABARRUS, through the Board, and WITHERSPOON agree as follows:
<br /> 1. EMPLOYMENT AND DUTIES: CABARRUS hereby employs WITHERSPOON as Manager
<br />of Cabarrus County government, and WITHERSPOON agrees to perform the functions
<br />and duties of Manager of Cabarrus County government as set forth in N.C.G.S.
<br />153A-82, together with such other legally permissible and proper duties and
<br />functions as the Board shall assign from time to time.
<br /> 2. TERM: The term of this Agreement shall begin on December 16, 1991,
<br />and shall terminate on December 31, 1992; provided, however, that on July 1,
<br />1992, or July 1 of any succeeding year thereafter in which this Agreement has
<br />been renewed, this Agreement may be extended for an additional one (1) year term
<br />by specific affirmative action of Board subsequent to or as a part of the Annual
<br />Review of WITHERSPOON required in Paragraph 9 herein.
<br /> 3. COMPENSATION: For all services rendered by WITHERSPOON, CABARRUS shall
<br />pay WITHERSPOON an annual base salary of no less than $69,000.00 per year,
<br />payable in at least monthly installments at the same time that other CABARRUS
<br />employees are paid. Salary payments shall be subject to withholding and other
<br />applicable taxes.
<br /> 4. WORKING FACILITIES: CABARRUS shall provide WITHERSPOON with such
<br />offices, stenographic help, and other facilities and services as are suitable
<br />to his position and appropriate for the performance of his duties.
<br /> 5. VEHICLE ALLOWANCE: CABARRUS recognizes that WITHERSPOON' s duties
<br />require that he shall have and operate a vehicle while performing the duties
<br />
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