Here is the complete text of the employment contract between the City of Henderson and City Attorney Billy Strickland:
STATE OF NORTH CAROLINA
EMPLOYMENT AGREEMENT
VANCE COUNTY
THIS EMPLOYMENT AGREEMENT (“Agreement”) made this _____ day of ______________________, 200__, by and between CITY OF HENDERSON, a municipal corporation organized and existing under the laws of the State of North Carolina, hereinafter referred to as (“City”) and BILLY STRICKLAND, (“Strickland”).
W I T N E S S E T H:
THAT WHEREAS, the CITY is engaged in the managing of the City of Henderson, in the State of North Carolina and desires to employ BILLY STRICKLAND; and
WHEREAS, the Strickland is a licensed attorney in the State of North Carolina and desires to accept employment as the City Attorney for the City;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do hereby agree as follows:
1. Term of Employment. The City shall employ Strickland beginning on 1 October 2007. The initial term of employment shall be for five (5) years, and shall continue from year to year thereafter unless terminated as provided herein. Either party may cancel this contract by giving a ninety (90) day notice of intent. The City shall not cancel this contract for the first year (1 October 2007 till 1 November 2008). After the first year of employment of Strickland the City may exercise the ninety (90) day notice to terminate. If this contract is terminated by either party City shall pay Strickland six (6) months severance, to include but not limited to all the benefits and salary Strickland is entitled to as an employee. If the City terminates Strickland prior to the end of the first year of employment (before 1 November 2008) City shall pay Strickland his salary and benefits for the time left in said first year, and his severance package and any other time allowed by this contract. Said payment shall be paid in a lump sum prior to Strickland vacating his office.
2. Condition Precedent. Strickland must be a resident of Vance County.
3. Duties of Strickland. Strickland is employed to represent the City of Henderson. Strickland and City acknowledge Strickland works for the City Council and will not take request or instructions from any other body or person other than the CONSENT OF THE CITY COUNCIL. Strickland shall not engage in any legal work in Vance County or represent any resident or business of Vance County. The City shall have the exclusive power and authority to determine the matters to be assigned to the Strickland, the specific duties to be performed by the Strickland, and the standards of performance to be maintained by him.
4. Personnel, Work Schedule, and Travel Policies. Strickland shall be subject to the City’s reasonable request of time and work. Strickland acknowledges he is an exempt employee and is not entitled to overtime pay and acknowledges he will be required to sometimes work more than forty hours to accomplish the goals of the City Council. City acknowledges Strickland will perform his duties and commit the time needed; however he is free to keep up with hours and may adjust his schedule to compensate his overtime with time off.
5. Professional Standards. Strickland agrees to abide by and perform his duties in accordance with the ethics of his profession, and all federal, state, and local laws, regulations, and ordinances regulating the practice of insurance and all bylaws, rules, and regulations of the City which may, from time to time, be promulgated.
6. Working Facilities. The City shall furnish the Strickland with an office, support services, and such other supplies, equipment, facilities and services suitable to his position and adequate for the performance of his duties hereunder.
7. Compensation. For all services rendered by Strickland for the City during the five (5) years of employment, Strickland shall be paid an annual salary of $86,000.00, payable in accordance with other employees (this amount includes $4,229.00 in lieu of health insurance). Strickland’s salary is subject to increases as set out in the annual budget of the City.
8. Vacation. Strickland shall be entitled, during the term of this Agreement, to a vacation period of ten (10) days per year as established by the City and ten (10) days sick leave; Vacation is cumulative to four (4) weeks and sick leave can be accumulated until retirement or leave employment. The City and Strickland shall mutually agree upon the time of each vacation period. Vacation time shall not include time for attendance at continuing education seminars. Furthermore, Strickland will be paid for 11 or 12 annual holidays (depending on when Christmas Day falls).
9. Dues. The City acknowledges that membership in local, state and national organizations are important for the purposes of continuing education and acceptance in the community. Therefore, the City shall pay Strickland’s expenses incident to enrolling or maintaining his membership in certain national, state, and specialty societies. The City also shall pay all expenses incident to the Strickland’s licensing fees by the State of North Carolina and registration fees associated with continuing education.
10. Other Employee Benefits.
A. The City shall contribute the equivalent of 4.95% of Strickland’s annual salary to Strickland’s retirement fund. Strickland is required to contribute 6% of his annual income to his retirement fund.
B. The City will provide Strickland with four thousand dollars ($4,000.00)in moving expenses.
11. Insurance. Strickland is receiving $4,229.00 in lieu of health insurance.
12. Strickland’s Requirements.
A. The City shall furnish a cell phone to accommodate communication with matters related to City business.
B. The City shall furnish an automobile suitable to Strickland’s position and be used as required by the City for use on City business. The City will pay for all operational costs involved in maintenance of such automobile, including gas, oil, repair, maintenance, and insurance.
13. Liability Insurance. The City shall pay for and maintain in force liability insurance coverage insuring the City and Strickland for errors, omissions, negligence, incompetence, and malfeasance.
14. Voluntary Termination. After the initial five (5) year period, this Agreement may be terminated by either party hereto upon ninety (90) days written notice to the other party.
15. Enforceability and Counsel Fees upon Breach. The parties agree that either party shall have the right to compel the specific performance of this Agreement and may sue for the breach thereof in any court as provided in herein or seek such other remedies or relief as may be available. In the event it becomes necessary to institute legal action to enforce compliance with the terms of this Agreement or by reason of the breach by either party of this Agreement, then the parties agree that at the conclusion of such legal proceeding, the losing party shall be solely responsible for all legal fees and costs incurred by the other party, such fees and costs to be taxed by the court. The amount so awarded shall be in the sole discretion of the presiding judge and the award shall be made without regard to the financial ability of either to pay, but rather shall be based upon the fees and expenses determined by the court to be reasonable and incurred by the prevailing party. In the event of litigation, it is the further intent to specifically provide that the losing party pays all reasonable fees and costs that either side may incur.
16. Covenants Fair and Reasonable. Strickland acknowledges that the covenants set forth in this agreement are necessary for the proper protection of City and are fair and reasonable in all respects.
17. Authorization for Agreement. The execution and performance of this Agreement by the parties hereto have been fully authorized by all necessary laws, resolutions, or corporate action, and this Agreement constitutes the valid and enforceable obligation of the parties hereto in accordance with its terms.
18. Governing Law. This Agreement shall be subject to and governed by the laws of the State of North Carolina.
19. Venue. The venue for any civil litigation between the parties hereto arising out of or resulting from this Agreement is Vance County, North Carolina, and the parties hereto irrevocably submit themselves to the jurisdiction of the General Court of Justice in Vance County, North Carolina, and waive any right they have or may have to any other jurisdiction.
20. Invalid Provision. The invalidity or unenforceability of any particular provision of this Agreement should not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
21. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the City and Strickland and their respective heirs, legal representatives, executors, administrators, successors, and assigns.
22. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and contains all of the agreements between the parties hereto with respect to the subject matter hereof and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof.
23. Amendment. This Agreement may be amended at any time by a written agreement executed by the City and Strickland.
24. Headings. The headings to the various sections of this Agreement have been inserted for convenience only and shall not modify, define, limit, or expand express provisions of this Agreement.
25. Gender. Throughout this Agreement, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine, and the singular number, the plural and vice versa.
26. Counterparts. This Agreement may be executed simultaneously in one (1) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement.
IN WITNESS WHEREOF, The City has caused this Agreement to be signed by its duly authorized officers, and Strickland has hereunto set his hand and seal, on the day and year first above written.
THE CITY OF HENDERSON
By: ________________________________
Donald C. Seifert Jr., Mayor
Witness____________________
__________________________________
Billy Strickland II