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Minutes - March 5, 2012 RegularMeeting
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Minutes - March 5, 2012 RegularMeeting
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Boo► 24 i'.1 794 <br />examine the Attorney with respect to determining the truth or probable <br />truth of the allegations against the Attorney. The Attorney may be <br />represented in and at the hearing by legal counsel of his own choice, <br />and shall have the right to present witnesses and other evidence and <br />arguments, as he shall deem appropriate. Following the hearing, the <br />Board of Commissioners shall meet (though not necessarily at the <br />same time and place) as they deem appropriate to consider their <br />actions, which may be to (1) take no further action, (2) to issue a <br />written warning to the Attorney in such form as the Board of <br />Commissioners shall deem appropriate to be delivered to the Attorney <br />in the same manner and form as a notice of the hearing, (3) to dismiss <br />the Attorney at a day and date which shall be specified in the notice, or <br />(4) such other reasonable action (such as salary reduction, suspension <br />for a stated time, imposition of a period of probation, etc.) as the Board <br />of Commissioners shall deem fair, necessary, reasonable and <br />appropriate under the circumstances. Any of the above actions shall <br />be in writing, and shall be delivered to the County in the same manner <br />as a notice of hearing under this section may be delivered. All <br />proceedings under this section in which dismissal for cause is <br />considered or at issue shall be private and in closed session, unless <br />the Attorney and the Board of Commissioners of Lee County shall <br />agree that the same, or any portion thereof, shall be open to the public, <br />except that such meetings shall be subject to any legal requirements of <br />the "North Carolina Open Meetings Law," especially with reference or <br />the entry of decisions in the public minutes of the Board of <br />Commissioners as required by said law or any other rule of the law of <br />this state. <br />C. In the event the County, at any time during the employment term, <br />reduces the salary or other financial benefits of Attorney in a greater <br />percentage than an applicable across - the -board reduction of all County <br />employees, then, and in that event, the Attorney may, at his option, be <br />deemed to be "terminated" at the date of such action. <br />D. In the event the Attorney voluntarily resigns his position with the <br />County, the Attorney shall give the County thirty (30) days notice in <br />advance and he will not receive any severance pay. <br />E. If Attorney is permanently disabled or is otherwise unable to perform <br />his duties because of sickness, accident, injury, mental incapacity, or <br />health for a period of four (4) successive weeks beyond any accrued <br />sick leave, or for twenty (20) working days over a thirty (30) working <br />day period, the County shall have the option to terminate this <br />agreement, provided the County shall continue to pay the Attorney his <br />then existing salary, together with all other benefits on the regular <br />payroll schedule of the Attorney, until the expiration of ninety (90) days <br />3 <br />
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