4-18-16 Reg. Meeting - Laserfiche WebLink

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BK:00028 PG:0218 event that it is alleged that she has committed any act, or failed to perform any act or thing required of her, which is suggested grounds for dismissal for cause under this agreement, and if the Board of Commissioners of Lee County so determine by appropriate resolution, be notified in writing of the charge or charges, and provided with a copy of the resolution of the Board of Commissioners making such allegation. The Attorney shall thereafter be afforded an opportunity to appear before the Board of Commissioners at a time and place within a reasonable time following delivery of such notice to the Attorney (not less than 10 nor more than 30 days after the delivery of such notice to the Attorney, unless otherwise agreed upon by both parties hereto), at which time the Board of Commissioners shall conduct a hearing into the charges. At the hearing, the Board of Commissioners shall examine the Attorney with respect to determining the truth or probable truth of the allegations against the Attorney. The Attorney may be represented in and at the hearing by legal counsel of her own choice, and shall have the right to present witnesses and other evidence and arguments, as she shall deem appropriate. Following the hearing, the Board of Commissioners shall meet (though not necessarily at the same time and place) as they deem appropriate to consider their actions, which may be to (1) take no further action, (2) to issue a written warning to the Attorney in such form as the Board of Commissioners shall deem appropriate to be delivered to the Attorney in the same manner and form as a notice of the hearing, (3) to dismiss the Attorney at a day and date which shall be specified in the notice, or (4) such other reasonable action (such as salary reduction, suspension for a stated time, imposition of a period of probation, etc.) as the Board of Commissioners shall deem fair, necessary, reasonable and appropriate under the circumstances. Any of the above actions shall be in writing, and shall be delivered to the County in the same manner as a notice of hearing under this section may be delivered. All proceedings under this section in which dismissal for cause is considered or at issue shall be private and in closed session, unless the Attorney and the Board of Commissioners of Lee County shall agree that the same, or any portion thereof, shall be open to the public, except that such meetings shall be subject to any legal requirements of the "North Carolina Open Meetings Law," especially with reference or the entry of decisions in the public minutes of the Board of Commissioners as required by said law or any other rule of the law of this state. C. In the event the County, at any time during the employment term, reduces the salary or other financial benefits of Attorney in a greater percentage than an applicable across-the-board reduction of all County employees, then, and in that event, the Attorney may, at her option, be deemed to be "terminated" at the date of such action. 3