HomeMy WebLinkAboutRes2017-070 Sponsored by: City Council
CITY OF SEWARD, ALASKA
RESOLUTION 2017-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH
BRENDA J. BALLOU FOR CITY CLERK SERVICES
WHEREAS,Johanna Kinney left her seven years of employment as City Clerk on October
10, 2017; and
WHEREAS,City Council after open recruitment interviewed and wishes to hire Deputy City
Clerk Brenda J. Ballou; and
WHEREAS,after the interview and executive session held on September 22,2017,the City
Council made a motion to hire Brenda J.Ballou based on successful salary and contract negotiations;
and
WHEREAS, Ms. Ballou has been acting City Clerk since Ms. Kinney's departure; and
WHEREAS, salary and contract negotiations are completed.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
Section 1. The Mayor is hereby authorized to execute the employment agreement,attached
and incorporated herein by reference,between the City Council and Brenda J.Ballou for the position
of City Clerk.
Section 2. Acting City Clerk, Brenda J. Ballou, will become City Clerk retroactively to
October 10, 2017.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23"d day of
October, 2017.
THE CITY OF SEWARD, ALASKA
David Squires, Mayo
CITY OF SEWARD,ALASKA
RESOLUTION 2017-070
AYES: Casagranda, McClure, Slater, Towsley, Squires
NOES: None
ABSENT: Keil, Horn
ABSTAIN: None
ATTEST:
A.4k /./
enda J. Ballou, t7
City Clerk
(City
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Council Agenda Statement
Date: October 23, 2017
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To: Mayor, City Council Members G %3110
From: City Attorney a&ASKP
Agenda Item: Approve Employment Agreement with Brenda Ballou for
City Clerk Services
BACKGROUND&JUSTIFICATION: City Clerk Johanna Kinney has left her employment as City
Clerk. City Council actively recruited for Ms. Kinney's replacement and interviewed Deputy City
Clerk Brenda Ballou. After the interview on September 22, 2017, Council came out of executive
session and made a motion to hire Brenda Ballou for the City Clerk position based on successful
salary and contract negotiations. Salary and contract negotiations were successful and completed on
October 13, 2017.
INTENT: To approve this employment agreement retroactively to October 10, 2017, to insure a
seamless transition with no vacancy in that department.
CONSISTENCY CHECKLIST: Where applicable,this resolution is consistent with the Seward City
Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of
Procedures.
Other:
FISCAL NOTE: This has already been factored into the FY 2017 Budget.
ATTORNEY REVIEW: YES X NO
Approved by Finance Department:
RECOMMENDATION: Approve Resolution 2017-070,which approves the employment agreement
between the Seward City Council and Brenda Ballou for City Clerk services.
Employment Agreement
City Clerk
This agreement approved by the City Council of the City of Seward, effective October 10, 2017, is
between the City of Seward, Alaska, whose address is PO Box 167, Seward, Alaska 99664 ("City") and
Brenda J. Ballou, whose address is PO Box 3551, Seward, AK 99664 ("Ballou" or "City Clerk"). The
City agrees to employ Ballou as City Clerk.
This agreement shall continue indefinitely under the following terms:
1. The City acknowledges that City Clerk is committed to the ideals of the International
Institute of Municipal Clerks ("IIMC"), and both parties mutually desire that City Clerk be
subject to and comply with the IIMC Code of Ethics. The City agrees that no member of City
Council or any employee of the City may give any order, direction, or make any request that
would require the City Clerk to violate the IIMC Code of Ethics. (Attached)
2. City Clerk agrees to devote full-time on behalf of the City, and may continue to engage in her
private business so long as it does not interfere with the City Clerk's duties.
3. Professional growth and continuing education, and obtaining and maintaining clerk
certifications through training and education, is allowed and encouraged for City Clerk and
the staff of the clerk's office.
4. City Clerk is encouraged to participate in community and civic affairs.
5. Travel by the City Clerk shall be in accordance with City Code 3.60.025. Reimbursement for
expenditures on behalf of the City shall not be paid unless reimbursement is sought in
accordance with standard City procedures, including receipts, vouchers, and supporting
material.
6. City Clerk shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50
of the Seward City Code. City Clerk shall be covered by the standard City health insurance
and retirement plans.
7. The provisions of Title 3 of the Seward City Code shall not apply to this agreement with the
following exceptions:
a. 3.15.085. Longevity Bonus.
b. 3.15.090. Retirement.
c. 3.15.095. Insurance and medical benefits.
d. 3.35. Employee Development. City Clerk will have collateral responsibility for
employee development within the City Clerk Department.
e. 3.45. Annual Leave. The City Council will administer Annual Leave policy for the
City Clerk. This includes FMLA (3.45.095) and bereavement leave (3.45.040 f).
f. 3.50. Holidays.
g. 3.60. Special Provisions.
h. 3.70. Standards Relating to Drugs and Alcohol.
i. 3.75. Standards Relating to Employee Conduct.
Employment Agreement
City Clerk
j. 3.80. Worker's Compensation.
8. Because of the peculiar nature of the City Clerk position, it is agreed that the City's business
can only succeed if the City Clerk 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 City Clerk, to provide for termination by either the City or City Clerk
without resort to any determination of cause or any necessary explanation by the City.
Accordingly, this agreement may be terminated as follows:
(a) By City Clerk, 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 may require City Clerk to continue for a period not to exceed sixty
(60) days at her regular rate of pay from the date of receipt of the notice. The City
shall make the election promptly and within fourteen (14) days of the receipt of
notice, and the City's failure to make an election shall be deemed as election to
terminate the relationship sixty (60) 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, and City Clerk shall be entitled to any annual leave balance to the
date of termination.
(b) By the City Council for any reason or no stated reason upon giving written notice to
City Clerk. The City Council may, at its option, terminate the relationship
immediately and provide City Clerk with sixty (60) days pay in lieu of notice, or, the
City Council may require City Clerk to continue service at her regular rate of pay for
a period of sixty (60) days. City Clerk shall be entitled to her annual leave balance at
the date of termination.
(c) If City Clerk retires from full-time public service with the City, City Clerk will
provide six (6) months' notice, and the actual retirement date will be mutually
established.
9. The City shall defend, indemnify, and hold City Clerk harmless for claims against City Clerk
for acts or omissions resulting from her employment by the City and within the scope of the
duties as City Clerk pursuant to Chapter 2.35 of the Seward City Code.
10. The City Council shall provide the City Clerk with a probationary period of nine (9) months
from the date of hire, and shall conduct an Initial Evaluation at that time to re-evaluate the
City Clerk's goals and provide supportive direction. Following this Initial Evaluation, the
City Clerk's evaluation will fall in line with the regular schedule as outlined in the City
Council Rules of Procedure,Rule 16.
Employment Agreement
City Clerk
11. City Clerk shall be paid at the rate of$65,000 per year. The City Council agrees to review
City Clerk's performance and contract annually and may consider a salary increase or other
amendment(s) to this contract upon favorable review.
12. 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.
DATED thisday of OC�C: VDZ Q.2017.
CITY OF SEWARD, ALASKA
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Employment Agreement
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