Cabe Manager Contract - Final

7/29/2019 Cabe Manager Contract - Final

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STATE OF NORTH CAROLINACOUNTY OF MACON TOWN MANAGER EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT is made and entered into on the 1st day of April,

2013, by and between THE TOWN OF FRANKLIN (hereinafter Town), a municipal

corporation of the State of North Carolina, and WARREN CABE (hereinafter Employee), an

individual and resident of the State of North Carolina.

WITNESSETH:

The Town and the Employee, for and in consideration of the covenants and agreements

contained in this Agreement and other good and valuable consideration, contract and agree as

follows:

ARTICLE 1.

Recitals

1.1 Town is a municipal corporation organized and existing by virtue of the laws of

the State of North Carolina. As such, it is authorized to engage or employ personnel as may be

necessary or advisable for the proper operation and maintenance of the Town, including the

appointment of a Town Manager. Such authority is provided inter alia, in N.C.G.S. 160A-147.

1.2 Employee is appointed to the position of Town Manager, under certain agreed

upon terms and conditions. In order to reflect comprehensively such agreed terms and

conditions, the parties hereto now desire to enter into this written Agreement in order to provide

a statement of their respective responsibilities and understandings in connection with the

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operation of the Town and rendition of services to the Town by the Employee during the term of

this Agreement.

ARTICLE 2.

Employment and Duties of Employee

2.1 Town Manager: By the execution of this Agreement, Town hereby employs

Employee as the Town Manager of the Town. Employee agrees that he shall use such diligence

and care as is customarily afforded by persons providing similar professional services.

Employee further agrees that he shall observe and conform to the ethics and customs of his

profession, and agrees that he will comply with all lawful regulations, directives, and orders

affecting the operations of the Town. At all times he shall comply with the United States

Constitution, the North Carolina Constitution, the North Carolina General Statutes, all

regulations, policies, and ordinances of the Town, and the directives of the Towns Board of

Aldermen (hereinafter the Board). It is expressly acknowledged that the Employee serves as

Town Manager at the will of the Board.

2.2 Performance; Duties: Employee shall at all times faithfully, industriously and to

the best of his ability, perform all duties that may be required of him by virtue of his position as

Town Manager and all other duties imposed upon him to the reasonable satisfaction of the

Board. His powers and duties shall specifically include those powers and duties more fully

enumerated in N.C.G.S. 160A-148. Further, his actions shall be governed at all times by the

authority given to him by the Board, the approved budget, and any policies as may be applicable.

2.3 Additional Authority: In addition to other authority and responsibilities herein

assigned to the Employee, the Employee as Town Manager shall have the authority to expend

any necessary funds during times of emergency, subject to resolutions and policies set by the

Board for the Town.

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ARTICLE 3.

Compensation

Employees compensation for professional services as Town Manager shall be as follows:

3.1 Annual salary compensation shall be in the initial amount of $85,000.00, payable

on the same schedule as the Towns other employees, but in no case more seldom than monthly.

3.2 Employees annual salary compensation as set forth in section 3.1 shall be

reviewed at the discretion of the Board.

3.3 Employee will be classified as an exempt employee, and therefore not eligible

for overtime pay.

ARTICLE 4.

Benefits

Employee shall be entitled to the same benefits as provided to other Town employees, as

provided by its policies in effect and as amended from time-to-time, unless otherwise varied in

this article.

4.1 Vacation days and Sick Leave: The Employee shall accrue vacation days at a rate

30 days per year, and any accumulated vacation days over the maximum allowed pursuant to

Town policy shall be transferred to the Employees sick leave account.

4.2 Professional and Education Leave: With permission from the Board, Employee

will be entitled to attend educational seminars, professional meetings or continuing education

activities, without loss of pay and at the expense of the Town. In addition, the Town recognizes

that the furtherance of Town interests includes the social entertainment of various individuals

and groups and Employees attendance and participation at business and social meetings and

functions of various community organizations and agencies. The Employees expenses related

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to the same will be paid pursuant to the Towns employment policies. Other such expenses may

be agreed to by the Board on a case-by-case basis.

4.3 Automobile and Travel Allowance: Employee shall be provided with a travel

allowance in the amount of $500.00 per month for the reimbursement of travel expenses. For

travel outside Macon County, Employee will be reimbursed for actual mileage costs.

4.4 Cell phone: At Employees option, the Town will either reimburse Employee for

monthly cell phone expenses, or provide Employee with a cell phone.

ARTICLE 5.

Outside Employment

The duties and responsibilities of the Town Manager require full-time employment and

may from time-to-time require that the Employee attend to his duties during the evening,

weekends and holidays. The Employee shall not accept any outside employment that in any

manner will interfere with the performance of his duties and responsibilities as Town Manager

for the Town of Franklin. The Board does recognize that certain outside employment and

professional activities may have a beneficial impact on the Employees professional growth and

may not interfere with the Employees performance of his duties and responsibilities. The

Employee may accept a limited amount of outside employment on week nights, weekends,

holidays and on vacation days, provided that the Board has approved the outside employment

and found that the outside employment in no manner interferes with the Employees

performance of his duties and responsibilities. The Employee shall make written reports to the

Board no later than July 1 each year listing all outside employment he has performed during the

preceding year and the outside employment in which he is currently involved.

ARTICLE 6.

Term and Termination

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6.1 Termination without cause: This Agreement may be terminated without cause by

either the Town or the Employee upon 180 days notice. Employee shall be entitled to such

salary and benefits as provided in this section.

6.2 Termination for cause: Notwithstanding any other provision of this Agreement,

should Employee be found guilty of any fraud, felony, or act involving moral turpitude, or if the

Employee shall have committed gross negligence or willful misfeasance or malfeasance in the

performance of his duties, then the Board shall have the right to cancel and terminate this

Agreement with cause upon immediate notice following such finding. In such event,

Employees salary and benefits as set forth in Articles 3 and 4 above shall terminate as specified

in such notice of termination, and the Town shall have no obligation to pay the final

compensation sums described in section 6.4 below.

6.3 Additional service period: In the event of termination of this Agreement by

Employee, the Town shall be entitled to require, and the Employee agrees to render, an

additional period of thirty (30) days of professional services as Town Manager, said period to

begin at the conclusion of the notice period for termination specified hereinabove. If, during this

additional period, the Board shall select another person to be employed in the position of Town

Manager, the Town may immediately release the Employee from the additional period of

service.

6.4 A. Final compensation: In the event the Employee is terminated or discharged by

the Board at such time as the Employee is willing and able to perform his duties under this

Agreement, then and in that event, the Town shall continue to pay to the Employee his then-

existing salary, together with all other benefits on the regular payroll schedule of the Town until

the earlier of 1) the expiration of 180 days from the date of termination, or 2) at such time as the

Employee accepts and commences employment with any other employer. Fringe and other

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benefits shall not be payable by the Town to the Employee once the Employee accepts

employment with any other employer. The Town has determined and hereby declares that the

final compensation provided for in this section is in consideration of public service to the Town.

B. Termination events: In the event that the Town, at any time during the term of

this Agreement, reduces the salary or other financial benefits of the Employee in a greater

percentage than an applicable across-the-board reduction for all Town employees, or in the event

the Town refuses, following written notice, to comply with any other provisions benefitting the

Employee herein, or Employee resigns following direction that he do so by the Board, in any

such event the Employee may, at his option, be deemed to be terminated at the date of such

event, within the meaning of the final compensation provision in this section.

ARTICLE 7.

Conflict of Interest Prohibited

It is further understood and agreed that because of the duties of the Employee within and on

behalf of the Town and its citizenry, the Employee shall not, during the term of this Agreement,

individually or as a partner, joint venture, officer or shareholder, invest or participate in any

business venture conducting business within the limits of the Town and its extraterritorial

jurisdiction, except for stock ownership in any company whose capital stock is publicly held and

regularly traded, without prior approval of the Board. For and during the term of this

Agreement, Employee further agrees, except for a personal residence or residential property

acquired and held for future use as his personal residence, not to invest in any other real estate or

property improvements within the limits of the Town and its extraterritorial jurisdiction without

prior approval of the Board.

ARTICLE 8.

Miscellaneous

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8.1 Indemnity: Town agrees to hold harmless and indemnify Employee against any

loss or damage, including attorneys fees, incurred by the Employee in furtherance of and within

the course and scope of his employment.

8.2 Assignment: Nothing contained in this Agreement shall be construed to permit

assignment by Employee of any rights under this Agreement, and any such assignment is hereby

expressly prohibited.

8.3 Amendment: This Agreement may be amended by mutual agreement of the

parties; provided, however, that any such amendment shall be in writing and signed by both

parties to be valid.

8.4 Entire Agreement: It is understood and agreed that this contract constitutes the

entire agreement between the Town and the Employee and that all terms of compensation and

benefits are as agreed and set forth herein. Any amendments or additions to this Agreement shall

be by written amendment to this Agreement, except as otherwise allowed herein.

8.5 Severability: The invalidity or unenforceability of any particular provision of this

Agreement shall not affect its other provisions, and this Agreement shall be construed in all

respects as if such invalid or unenforceable provisions had been omitted.

8.6 Binding effect: This Agreement shall be binding upon and inure to the benefit of

the Town, its successors and assigns, and shall be binding upon Employee, his administrators,

executors, legatees, and heirs.

8.7 Governing Law: This Agreement shall be construed and enforced under and in

accordance with the laws of the State of North Carolina.

8.8 Venue: Venue for any action hereunder, whether legal or equitable, shall be

Macon County, North Carolina.

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IN WITNESS WHEREOF, the Board has caused this Agreement to be executed in its

name by its Mayor and the Employee has executed this Agreement by his signature thereto.

THE TOWN OF FRANKLIN

By: _______________________________________Joe Collins, Mayor

Warren Cabe

___________________________________________

Town Manager

ATTEST:

________________________________Town Clerk

Pre-Audit Certificate:This instrument has been preaudited in the manner required by the Local Government Budgetand Fiscal Control Act.

_________________________________Finance Officer

Approved as to form:

___________________________________________John F. Henning, Jr., Board Attorney

Date Signed: ________________________________

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Cabe Manager Contract - Final