1C SBCCC 400.
5 CONTRACT BUY OUTS
(a) Boards of trustees shall not use state funds to buy out contracts, unless required by a
court of competent jurisdiction. The parties entering into a contract are responsible for
implementing the contract. Therefore, should it become necessary to terminate
employment prior to the expiration of a contract and if it is necessary to buy out the
contract, such payment shall not be paid from state funds.
(b) For an employee who is separated from the college for unsatisfactory job
performance, a college may provide up to two weeks' pay from the same funding
source as the employee’s base salary in lieu of notice. Such pay in lieu of notice is
applicable only to dismissals or non-renewals for unsatisfactory job performance.
(c) An individual in a state-funded position whose employment is terminated prior to the
expiration of a contract may not be re-employed by the college to offset the lost wages
which the employee would have received under the contract. Colleges shall make all
efforts to prevent terminations which require buying out contracts.
(d) If an individual whose employment contract has been terminated enters into another
employment agreement with the college, such employment shall be for a salary
commensurate with the services being performed. Such employment shall not be to
provide the employee the same level of compensation he or she would have received
under the former contract.
History Note: Authority G.S. 115D-5;
Eff. October 1, 2018
CFCC Handbook Relevant Policies
5.16 Continued Employment Continuation of employment is contingent upon job performance,
professional improvement, work relationships, program trends, and availability of funds.
Persons whose contracts and/or work agreements are not to be renewed will be notified in
accordance with the non-reappointment procedure section of the College’s Dismissal, Non-
Reappointment, and Grievance Procedure. All positions are contingent upon yearly budget
allocations, subject to review, and prior annual contract renewal does not guarantee
continued employment and contract renewal in the future. Academic freedom is essential to
an institution of higher learning and should not be cause for dismissal or non-renewal of contract.
Within the environment of academic freedom, faculty members are expected to carry out their
duties in a professional, ethical and collegial manner that enhances the purpose of the institution.
5.44 Vacation Leave (found at the bottom of page 46 and the top of page 47) Separation Lump
sum payment for vacation leave is made only at the time of separation. An employee shall be
paid in a lump sum for accumulated vacation leave not to exceed a maximum of 240 hours when
separated from CFCC service due to resignation, dismissal, non-reappointment, reduction in
force, or death. An employee is not entitled to any scheduled holiday occurring after the last day
of work, except when the last day of the month is a holiday and the employee is in pay status
through the last available workday. The employee ceases to accumulate leave and ceases to be
entitled to take sick leave. The last day of work is the date of separation. Employees
separating from the College due to service retirement or early retirement may elect to exhaust
vacation leave after the last day of work but prior to the effective day of retirement. All benefits
accrue while leave is being exhausted. If vacation leave is exhausted, the last day of leave is
the date of separation; and any unused leave not exhausted must be paid in a lump sum not
to exceed 240 hours. If vacation leave is not utilized, the last day of work is the date of
separation
5.65 Non-Reappointment Procedure Regular -Full Time - Any contractual employee may
be subject to non-reappointment following a contract period, depending upon program
changes, financial exigency, reduced enrollment, and other factors deemed relevant to total
institutional interests. All non-reappointment determinations will be based on the best interests
of the College and shall be made in accordance with applicable law and applicable College
policies. Except in the case where financial information from the State affecting a non-
reappointment determination is unavailable, regular contractual employees whose contracts
will not be renewed will be notified of their non-reappointment by June 1 of the fiscal year
preceding the fiscal year for which they will not be reappointed. The need for temporary
employees varies from semester to semester and temporary positions are not established in the
budget as regularly recurring positions, therefore, employees in temporary positions will not be
given advance notice of non-reappointment. The decision not to reappoint a contractual
employee at the conclusion of a contract period is committed, without further recourse, to
the judgment of the College officials authorized to make the non-reappointment
determination, based on the factors described above, and may not be appealed through the
College’s Grievance Procedure or otherwise. However, if for some reason the opportunity for
a hearing is required by law in connection with a contractual employee’s nonreappointment, any
appeal will be conducted in accordance with the College’s Grievance Procedure.
https://cfcc.edu/human-resources/wp-content/uploads/sites/9/2021/12/CFCC-Employee-
Handbook12.1.21.pdf
Salary Paid Employer
with State Employer Employer Social Security
Funds Retirement Insurance & Medicare Total Spent
Jun-22 Jun-22
Jason Chafin Jason Chafin
11.110 9,932.88
21.110 1,620.12
11,553.00 9,932.88 2,393.82 647.86 759.87 13,734.43
Bonnie McGlauflin Bonnie McGlauflin
11.13 4,618.00 4,618.00 1,112.94 647.86 353.28 6,732.08
Nina Taylor Nina Taylor
11.13 6,408.00 6,408.00 1,544.33 647.86 490.21 9,090.40
Tina Ward Tina Ward
11.422 4,357.00 4,357.00 1,050.04 647.86 333.31 6,388.21
Sub-total June-22 25,315.88 6,101.13 2,591.44 1,936.66 35,945.11
Jun-23 Jun-23
Mark Council Mark Council
11.42 1,848.00
11.42 6,278.19
11.42 11,250.00
19,376.19 19,376.19 4,747.17 584.96 1,482.28 26,190.60
Lynn Criswell Lynn Criswell
11.42 7,846.00
11.42 10,863.70
11.42 765.00
19,474.70 19,474.70 4,771.30 584.96 1,489.81 26,320.78
Catherine Lee Catherine Lee
11.41 1,463.00
11.41 8,125.00
11.41 11,250.00
20,838.00 20,838.00 5,105.31 584.96 1,594.11 28,122.38
Robin Metty Robin Metty
11.42 1.72
11.42 1,447.00
11.42 3,710.00
11.42 2,251.27
7,409.99 7,409.99 1,815.45 584.96 566.86 10,377.26
Sub-total June-23 67,098.88 16,439.23 2,339.84 5,133.06 91,011.01
State Funds Used for Contract Buy Outs in Conflict with 1C SBCCC 400.5 92,414.76 22,540.35 4,931.28 7,069.73 126,956.12
Legend/Key
Fund (XX)
11 State
21 County
Purpose (XXX)
110 Executive Management
130 General Administration
220 Curriculum Instruction
410 Library
421 Curriculum Administration
422 Continuing Education Administration
