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HomeMy WebLinkAboutRes2011-075 Sponsored by: Mayor and Council CITY OF SEWARD, ALASKA "` RESOLUTION 2011 -075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH JAMES HUNT FOR CITY MANAGER SERVICES WHEREAS, on June 13, 2011 City Manager Phillip Oates submitted his resignation effective September 30, 2011; and WHEREAS, City Council accepted Oates' resignation by Resolution 2011-054 on June 27. 2011; and WHEREAS, the Council advertised the position of City Manager for four weeks in July, and conducted public meetings and interviews to fill the position of City Manager; and WHEREAS, during a special meeting on October 3, 2011, City Council approved a motion to offer the position to James dependent on successful contract negotiations, a successful drug test, and a criminal background check; and WHEREAS, Council appointed a committee of three to negotiate the terms of the contract; and WHEREAS, negotiations have been completed and James Hunt has accepted the City's offer of employment beginning November 1, 2011 or sooner for a monthly salary of $8,083.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The employment agreement between the City of Seward and James Hunt, in the form presented at this meeting, to provide city manager services to the City for a three -year period beginning November 1, 2011 or earlier, is hereby approved. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10` day of October, 2011. THE CITY OF- SEWARD, ALASKA 7 do d ig i r „ ���_ Willard E. Dun am, Mayor is iu. CITY OF SEWARD, ALASKA RESOLUTION 2011 -075 , AYES: Valdatta, Bardarson, Smith, Keil, Shafer, Casagranda, Dunham NOES: None ABSENT: None ABSTAIN: None ATTEST: Jol anna Kinney, CMC 'Ci Clerk (City Seal) A • • • • 0 NI A. ° s d,of' 4,,N #.44,e OF P . b„' Employment Agreement City Manager Services for James Ilunt This agreement approved by the City Council of the City of Seward, effective November 1, 2011 or sooner, is between the City of Seward, Alaska, whose address is P.O. Box 167, Seward, Alaska 99664 ( "City ") and James Hunt, whose address is 1 076 East Mystery Drive, Kuna, Idaho 83634 ( "Hunt "). The City agrees to employ Hunt as City Manager on an at -will basis. This agreement shall continue for approximately three (3) years until October 31, 2014 unless extended by mutual agreement of the parties, or terminated as provided below. 1. Hunt agrees to devote full time on behalf of the City and not engage in any other business. 2. Hunt shall be paid at the rate of $8,083.00 per month. The City Council agrees to review Hunt's performance annually. 3. Hunt shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50 of the Seward City Code. Hunt shall be covered by the standard City health insurance and retirement plans. He shall receive credit for annual leave accrued at the rate of 13 hours per month. 4. Hunt shall be paid $5,000 for relocation and moving ,� expenses. If expenses go beyond this amount, Hunt will be allowed an additional $2,500 provided receipts for relocating and moving are provided. He is required to reside within the city limits. 5. Because of the peculiar nature of the City Manager position, it is agreed that the City's business can only succeed if the City Manager and the City Council enjoy a working relationship based on mutual respect, trust and positive attitudes. It may, therefore, be impossible to quantify "poor performance" or `just cause" for termination given these complexities which often involve personality factors as opposed to legal or contractual factors. It is therefore the intent of both the City and Hunt, to provide for termination by either the City or Hunt without resort to any determination of cause or any necessary explanation by the City. Accordingly, this agreement may be terminated as follows: (a) By Hunt for any reason or no stated reason upon giving sixty (60) days written notice to the City. Upon receipt of notice, the City may immediately terminate the relationship or require Hunt to continue for a period not to exceed sixty (60) days at his regular rate of pay from the date of receipt of the notice. The City shall make the election promptly and within twenty-five (25) days of the receipt of notice, and the City's failure to make an election shall be deemed as election to terminate the relationship thirty (30) days from the date of receipt of the notice. If the relationship is so terminated, the City shall not be responsible for any severance or termination pay, Hunt shall be entitled to his annual leave balance to the date of termination. (b) By the City for any reason or no stated reason upon giving written notice to Elunt the City may at its option, terminate the relationship immediately. The City shall pay Hunt four (4) months' severance pay upon his termination. This agreement is the entire agreement and wherever approval of the City is required it is understood that such approval will be by the City Council of the City of Seward. This agreement supersedes any previous agreement and may be modified only in writing signed by each of the parties. This agreement will be interpreted and enforced in Alaska . in accordance with the laws of the State of Alaska and is subject to all applicable Charter and ordinance provisions of the City of Seward; provided that no provisions of Title 3 of the Seward City Code shall apply except those provisions expressly identifying the city manager and except for the following enumerated provisions: 3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance and medical benefits, 3.45 annual leave, 3.50 holidays, 3.60 special provisions (except as set forth in Paragraph 4 above), 3.70 drug and alcohol policy, 3.75 sexual harassment policy, and 3.80 workers' compensation. DATED this il 'h day of October, 2011. CITY OF SEWARD, ALASKA. Willard E. Dunham, Mayor . , es S. Hunt 1 / / a wc , fAIF A %. J hanna Kinney, City Cle 9s (City Seal) .• . ..,1:;176,15,>.,-1.0 , •®, EC R • • C 9. • . • u • w C1 • eF ,, 1 ,- ;' n m ♦ an ♦ ♦ I V � 4 ' r M.. e ar � ■ • scur.: „A. al'