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Minutes - March 5, 2012 RegularMeeting
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Minutes - March 5, 2012 RegularMeeting
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gco' 24 iACF 79:3 <br />Section 2. TERM <br />The Attorney shall serve at the pleasure of the Board of Commissioners <br />and nothing in this Agreement shall prevent, limit, or otherwise interfere with the <br />right of the Board of Commissioners to terminate the services of the Attorney at <br />any time, subject only to the provisions set forth in Section 3 of this Agreement. <br />Nothing in this Agreement shall prevent, limit, or otherwise interfere <br />with the right of the Attorney to resign at any time from his position with the <br />County, subject only to the provisions set forth in Section 3 of this Agreement. <br />Section 3. TERMINATION AND SEVERANCE PAY <br />A. In the event the Attorney is terminated or discharged by the Board of <br />Commissioners without just cause and at such time as the Attorney is <br />willing and able to perform his duties under this Agreement, then, and <br />in that event, the County shall continue to pay the Attorney his then <br />existing salary, together with all the benefits of the regular payroll <br />schedule of the Attorney, until the expiration of three (3) months from <br />the date of termination. <br />Notwithstanding the above, in the event the Attorney is terminated <br />because of his conviction of (i) any illegal act involving personal gain to <br />him, (ii) a felony, or (iii) a misdemeanor that involves morale turpitude, <br />then, and in that event, the County shall have no obligation to pay the <br />severance sums designated in this paragraph. <br />B. In the event the Board of Commissioners shall terminate or discharge <br />the Attorney for just cause, then, and in that event, the County shall <br />have no obligation to pay the severance sums designated in this <br />section. It is understood and agreed that the words "Just Cause" <br />includes unacceptable personal conduct, and blatant failure to execute <br />directives of the Board of Commissioners. The Attorney shall, in the <br />event that it is alleged that he has committed any act, or failed to <br />perform any act or thing required of him, which is suggested grounds <br />for dismissal for cause under this agreement, and if the Board of <br />Commissioners of Lee County so determine by appropriate resolution, <br />be notified in writing of the charge or charges, and provided with a <br />copy of the resolution of the Board of Commissioners making such <br />allegation. The Attorney shall thereafter be afforded an opportunity to <br />appear before the Board of Commissioners at a time and place within <br />a reasonable time following delivery of such notice to the Attorney (not <br />less than 10 nor more than 30 days after the delivery of such notice to <br />the Attorney, unless otherwise agreed upon by both parties hereto), at <br />which time the Board of Commissioners shall conduct a hearing into <br />the charges. At the hearing, the Board of Commissioners shall <br />2 <br />
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