County Council Gives Clyburn New Contract

By Betsy Finklea
The Dillon County Council gave County Administrator Tony Clyburn a new employment contract at a called meeting on Friday, February 1st, at 12 noon.

Only four councilmen were present for the meeting – Chairman Stevie Grice, Vice-Chairman T. F. “Buzzy” Finklea, Jr., Councilman Harold Moody, and Councilman Gerome “Gee” McLeod. Not present were Councilman James Campbell, Councilman Archie Scott, and Councilman Jack Scott.
McLeod made the motion to approve the new contract seconded by Finklea.
County Attorney Alan Berry pointed out some of the key points of the contract. They included the following:
– The contract begins on February 1, 2019 and ends on December 31, 2019.
– On July 1, 2019 and January 1, 2020, and additional six-month period shall be added to the unexpired balance of the term unless either party notifies the other in writing 15 days before the renewal date that the contract won’t be extended.
– The contract will not renew or extend beyond December 31, 2020.
– If the contract is rescinded or found to be invalid, then they will revert back to the original contract dated November 16, 2018.
The entire contract stated the following:
This contract, dated February 1, 2019, between the County of Dillon, hereinafter called “Employer” and Wilson Anthony Clyburn hereinafter called “Employee”.
1) Employment: Employer hereby employs Employee and Employee hereby accepts employment upon the terms and conditions hereinafter set forth. Both parties agree that the previous contract for employment dated November 16, 2018, shall be null and void upon approval and execution of this contract by both parties; provided however, that should this Contract be rescinded for any reason or deemed invalid, the Employee’s employment shall continue under the terms and conditions of the previous contract for employment dated November 16, 2018.
2) Term: Subject to the provisions for termination as hereinafter provided, the term of this contract shall begin on February 1, 2019 and end on December 31, 2019; provided that on July 1, 2019, and January 1, 2020, an additional six (6) month period shall be added to the unexpired balance of the term, unless either of the parties notifies the other in writing 15 days before a renewal date that the Contract will be not be extended. In no event shall the Contract renew or extend beyond December 31, 2020.
3) Compensation: For all services rendered by Employee under this contract, the Employer shall pay the employee a salary of One Hundred and Four Thousand and No/100 ($104,000.00) Dollars per year payable in equal by-weekly installments. The Employee will also be eligible for any general merit of cost-of-living increases given to all other employees. In addition, the Employer will provide the Employee with a vehicle at no expense to the Employee.
4) Duties: Employee shall perform all statutory duties and functions of a County Administrator under the Council-Administrator form of government and any other lawful duties requested of him by the Dillon County Council.
5) Working Facilities: Employee shall be furnished with a private office and such support staff and other facilities as Dillon County deems adequate to perform the duties required of Employee.
6) The Employer will pay the Employee One Hundred and Fifty and No/100 ($150.00) Dollars per month for phone expenses.
7) Vacations: The Employee shall accrue sick and annual leave at the same rate as all other employees in the County.
8) Termination:
FOR CAUSE: Employer may terminate Employee for any other following:
A) Reporting to work while under the influence of intoxicants.
B) Use of unlawful drugs.
C) Unexcused absence from work above employee’s accrued vacation and sick leave days.
Excused absences shall be approved by employer. Provided that employee shall be allows sixty (60) working days unexcused absence from work over and above employee’s accrued vacation and sick leave days if employee provides medical documentation that due to sickness, illness, or injury he is unable to work.
D) Conviction of any crime for which Employee could be sentenced to jail other than minor traffic offenses.
In the event Employee is terminated for cause, then no further compensation shall be due Employee
WITHOUT CAUSE: In the event Employer terminated Employee for any cause other than as listed above, the Employer shall pay Employee for the remainder of the contract or renewal period at the rate of pay in effect at the time of termination. Employer shall further pay Employee’s health and medical insurance, as provided to other Dillon County employees, for the remaining term of this contract.
9) Employer shall pay up to Two Thousand Five Hundred and No/100 ($2,500.00) Dollars of Employee’s initial moving expenses. Employee shall present bills for moving expenses to Employer and Employer shall reimburse Employee for approved bills. The Employee shall move his domicile to Dillon County within 3 months of the beginning of the term of this Contract. Should the Employee fail to move with this timeframe, this Contract shall terminate and the Employee shall become an at-will employee.
10) Entire Agreement: This contract contains the entire agreement of the parties and may not be changed orally but only by agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.
In Witness Whereof, the parties have hereunto set their hands and affixed their seals the day and year first above written.