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City of Seward, Alaska City Council Special Meeting Minutes
July 26 2018 Volume 40, Page 482
CALL TO ORDER
The July 26, 2018 special meeting of the Seward City Council was called to order at 5:30
p.m. by Mayor David Squires.
OPENING CEREMONY
Lt. Doreen Valadez led the Pledge of Allegiance to the flag.
ROLL CALL
There were present:
David Squires presiding and
Marianna Keil
Sue McClure
Sharyl Seese
comprising a quorum of the Council; and
Brenda Ballou, City Clerk
Will Earnhart, City Attorney (telephonically)
Absent — Horn
Ristine Casagranda
Suzanne Towsley
CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR
PUBLIC HEARING
Bruce Jaffa thanked Jim Hunt and Ron Long for their service and their accomplishments.
Lynda Paquette thought any major decisions should be postponed for a week due to the full
moon. In April, 2017 a proclamation was presented to recognize We Love Us which was intended to
create peace and harmony in the community; she wanted the community to be at peace and for
everyone to put aside their emotions.
Carol Griswold emailed council this morning with suggestions relating to the city manager
position unfilled for a period of time; she wished council would be stringent in their search.
Griswold thought it would be fiscally responsible to leave the Assistant City Manager position
unfilled for the time being. She was dismayed to learn that the city manager had put a department
head into Acting City Manager status for a day, and essentially hired himself as the new Assistant
City Manager. Griswold was concerned that this attempt was pushing the edges of ethics and
legality, and she encouraged council to make the city manager's resignation effective immediately.
Mike Ritz encouraged city council to accept the resignation of the city manager, and to ban
him from future employment with the city. He was concerned that the recall application submitted by
the city manager would cost the tax payers money. Ritz thought that the use of a police officer to
deliver a termination notice to the home of an employee was a gross mishandling of public funds.
City of Seward, Alaska City Council Special Meeting Minutes
July 26, 2018 Volume 40, Page 483
Further, the terminated employee was later trespassed from city hall and not allowed to attend a
council meeting.
Wadeen Hepworth thought it was time for the city manager to go, and that it should be
effective immediately. In business, when someone turned in a resignation, it usually went into effect
immediately.
Iris Darling concurred with Carol Griswold, particularly about not hiring a new assistant city
manager position; the city had been fine for many, many years without having an assistant city
manager.
APPROVAL OF AGENDA
Motion (Keil/Casagranda)
Approval of Agenda
Casagranda requested to remove the last-minute addition of the executive session from the agenda.
Her objection to having this added was that it went against code because it was not timely.
In response to Squires, City Clerk Brenda Ballou stated that the city attorney had requested to add
the executive session today because he considered it to be of critical importance, but that it was up to
council to approve the agenda.
Keil felt it was important to hear out the city attorney because there may be a legal issue to consider
Towsley agreed it was important to listen to the attorney, but was more concerned that this action
was outside of city code.
McClure requested to hear a justification for this request from the attorney.
City Attorney Will Earnhart stated that it was absolutely essential, and actually required under the
city's insurance policy, for council to hear what the attorney had to say regarding the city manager's
resignation. Earnhart stated for the record that neither he nor his firm had any interaction with the
city manager surrounding the appointment of a department head to acting status and the subsequent
hiring of the city manager as the new assistant city manager.
Earnhart said that at 12:30 p.m. today, City Manager Jim Hunt withdrew his application for the
assistant city manager position.
McClure thought that it was important to hear what the city attorney had to say before moving ahead.
Towsley stated that Hunt was not present at tonight's meeting, and was concerned with having an
executive session. In response, Earnhart said council was technically not in compliance, but the
timing was extremely difficult and the risk to the city would be greater by not having the executive
session.
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City of Seward, Alaska City Council Special Meeting Minutes
July 26 2018 Volume 40, Page 484
In response to Casagranda, and in relation to Horn's absence at tonight's meeting, Earnhart
confirmed that a waiver of absence from a special meeting could be submitted before or after a
special meeting.
Motion to Postpone (Keil/McClure) Postpone the special meeting until a five-day
notice can be provided.
Keil thought a five-day notice would allow the public to have proper notice.
In response to Squires, Earnhart said council had ten calendar days from the date of written notice of
resignation to exercise the option to either terminate immediately, or else the city manager would
remain for thirty (30) days.
Casagranda thought there were a lot of members of the public in attendance, and felt there had been
adequate notice provided. Towsley concurred.
Keil was concerned that by moving forward with this meeting, council would be putting the citizens
and the city in financial risk. If the meeting was not postponed, she said she would leave the meeting.
Motion to Postpone Failed
Keil left the meeting.
Main Motion Passed
Yes: McClure, Keil, Squires
No: Casagranda, Seese, Towsley
Unanimous
The agenda was approved, to include the executive session.
Squires directed the city clerk to contact the absent council members Horn and Keil to request their
presence at tonight's meeting. Towsley objected.
Motion to Appeal (Towsley/Casagranda)
Motion Failed
Council recessed at 6:23 p.m.
Council resumed at 6:30 p.m.
Appeal the decision of the presiding officer to
contact the absent council members Horn
and Keil.
Yes: McClure, Seese, Squires
No: Casagranda, Towsley
The city clerk reported out: The city clerk called Council Member Horn at 6:25 p.m.; there was no
answer and the mailbox was full so no message could be left. The city clerk called Vice Mayor Keil
at 6:25 p.m.; there was no answer and the clerk left a voice mail requesting Keil to return to the
meeting on behalf of the council.
SPECIAL ORDERS, PRESENTATIONS AND REPORTS — None
City of Seward, Alaska City Council Special Meeting Minutes
July 26, 2018 Volume 40, Page 485
EXECUTIVE SESSION
Motion (McClure/Seese) Go into Executive Session to discuss matters,
the immediate knowledge of which would
clearly have an adverse effect upon the
finances of the City.
In response to Casagranda, Earnhart confirmed that the reason for this executive session was in
response to a threat against the city by the city manager.
Motion Passed Yes: Seese, Towsley, McClure, Squires
No: Casagranda
Council invited City Attorney Will Earnhart (telephonically) to remain.
Council went into Executive Session at 6:36 p.m.
Council came out of Executive Session at 6:57 p.m.
NEW BUSINESS
Resolution 2018-065, Accepting The Resignation Of City Manager James Hunt And Setting
The Terms For His Departure From City Employment.
Motion (Casagranda/McClure)
Approve Resolution 2018-065
McClure recommended council accept the effective date of August 22, 2018, as stated in the
resignation letter. Seese agreed that council should accept the letter, but thought it should be
effective immediately.
Primary Motion to Amend (Seese/Casagranda) Amend Resolution 2018-065 in Section 1 by
striking the words, "...on August 22, 2018"
and replacing them with the words,
"...effective immediately."
Secondary Motion to Amend (Squires/Casagranda) Amend Resolution 2018-065 in Section 1 to
Secondary Motion to Amend Passed
Primary Motion to Amend Failed
read, "The resignation of the city manager
is accepted and the employment agreement
between the City of Seward and James
Hunt for City Manager services shall
terminate on August 22, 2018."
Yes: McClure, Towsley, Casagranda, Seese
No: Squires
Yes: Seese, Towsley, Casagranda
No: McClure, Squires
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City of Seward, Alaska City Council Special Meeting Minutes
July 26 2018 Volume 40, Page 486
Main Motion Passed Yes: Towsley, McClure, Casagranda, Seese
No: Squires
Other New Business
Discussion of hiring process, deadlines, and appointment of members to negotiate a contract
for an interim city manager:
1. Memorandum by city clerk
2. City manager job description
3. Seward city manager public recruitment notice for advertising in the newspapers
4. Interim city manager contract (example enclosed for Marvin Yoder dated December,
2006)
Casagranda was concerned that the employees would not be overloaded with work, and that
hiring an interim city manager was held expeditiously.
Earnhart said the Alaska Municipal League (AML) had a list of interim city managers who
were readily available to step in and fill the role of interim city manager.
McClure stated that there has been a public expression of waiting until after the October,
2018 election to conduct the hiring process
Council directed the city clerk to make the following updates to the public notice of the Interim City
Manager Opening: strike the words, "area wide year-round population 5,000" and replace it with the
words, "city-wide population of approximately 2,700"; add the words, "...and parking" to follow,
"...streets, parks & recreation"; change the average number of cruise ships from 50 to 73; and, strike
the words, "Required to be a resident of the City of Seward..." and replace it with the words,
"Required to reside in the City of Seward...".
Council directed the city clerk to make the following updates to the Interim City Manager
Employment Agreement: under Rates of Pay and Terms of Agreement, change the fast paragraph to
read, "[Name] agrees to devote full time on behalf of the City and not engage in any other business,
unless approved by council, and have overall responsibility and authority designated under Seward
City Code (SCC) 3.05.015."; change the rate of pay to "[Blank]" per month; change the rate of
annual leave accrued to "[Blank]" per month of service or "[Blank]" hours per year; and, under
Housing/Moving Expenses, change the words to read, "...a one-time sum of [Blank] for moving
expenses...".
Discuss the process for advertising and hiring an Interim City Manager, and direct the city
clerk to advertise for the position.
Council directed the city clerk to advertise the job opening in the Seward Journal on August 1 & 8,
2018, and also in ADN for one time each of those two weeks. As well, council directed the city clerk
to advertise the job opening online in the following places by Monday, July 30, 2018: International
City Managers Association (ICMA) website, Alaska Municipal League (AML) website, Seward City
City of Seward, Alaska City Council Special Meeting Minutes
July 26, 2018 Volume 40, Page 487
News, MyAlaska website, and optionally on the International Institute of Municipal Clerks (IIMC)
website, and the Alaska Association of Municipal Clerks (AAMC) website.
Council set the deadline for receiving Interim City Manager applications on Monday, August 13,
2018 at 5:00 p.m.
Schedule a work session to conduct public interviews for Interim City Manager applicants.
Council scheduled a work session to conduct public interviews for Interim City Manager applicants
on Thursday, August 16, 2018 at 5:15 p.m.
Council would hold a special meeting immediately following the adjournment of the work session to
discuss the candidates.
Direct the City Manager to coordinate with the Division of Community and Regional Affairs
(DCRA) to schedule a review of administration, personnel, and city council by a Local
Government Specialist. Direction previously given May 29, 2018.
Council directed the city manager to coordinate this review.
INFORMATIONAL ITEMS AND REPORTS — None
COUNCIL COMMENTS
McClure thanked everyone for coming tonight and said she appreciated the involvement.
Towsley thanked everyone for coming to take part in the process. Moving forward, she
wanted to proceed with what was best for the city.
Squires thanked Hunt for his service to the city and thought he did a good job for the city;
there were a lot of projects underway that still needed attention. He thanked everyone for coming
tonight and staying through the meeting, and thanked the attorney for his advice tonight. Squires
thanked Bruce Jaffa for being reappointed to PACAB.
CITIZEN COMMENTS
Bruce Jaffa said it was a very interesting meeting tonight; tonight's topic was one of the
most important roles for council to attend to. The city manager had a tremendous responsibility and
had to make important decisions. Although he lived out of town, Jaffa said he had heard many
confusing things from citizens — he cautioned council to not get caught up in the minutia, and
encouraged everyone to keep their eye on the big picture and what was best for the community of
Seward.
Cheryl Seese wanted to say for the record that Jim Hunt had not been treated fairly or with
respect and dignity; she thought that was very wrong. She did not understand the point of council's
City of Seward, Alaska City Council Special Meeting Minutes
July 26, 2018 Volume 40, Page 488
discussions tonight if they weren't going to carry through with their actions. She expected more, and
wanted to know how she could support council and the community.
Carol Griswold was pleased that the city attorney was not part of the city manager's attempt
to become the assistant city manager, and she was pleased that the city manager had withdrawn his
application for assistant city manager. She was displeased that the job description had not been
updated for the interim city manager position. She wished the next city manager contract would
contain all strikeouts and updates. Griswold wondered why there was no administration
representative at the dais tonight. She wished council would not allow the hiring of the assistant city
manager position.
Mike Ritz thanked council for enduring what they had gone through. Whether or not he
agreed with council, he appreciated their service and time and effort. He encouraged an outside audit
of financial records.
Lynda Paquette referenced Margaret Wheately who was a consultant in corporate behavior.
Wheately recommended that leaders have three focuses: pay exquisite attention to relationships;
restore thinking, cooperation, and teamwork in the work place; and, have a personal, individual
practice to bring peace into your daily life.
Becky Dunn wanted to recognize Police Lieutenant Doreen Valadez as her retirement
approached in April, 2019, and said it was important to encourage female police officers. Dunn also
wished to dispel the rumor she heard that people from outside of city limits could not speak at
council meetings because for 30 years, she lived outside the city and had always felt very
comfortable speaking to council and administration throughout the years.
Jason Ebberson wanted to see council consider opting back into the Alaska Public
Employment Relations Act (PERA).
Cheryl Seese wanted to add that, regarding qualifications for the next city manager, part of
what was important was to create relationships on the state and federal level; she thought Hunt had
done a good job with that.
COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
Casagranda said the best way to support council was to communicate with council. She
encouraged citizens to contact her, and also to offer solutions. She agreed that she would not like to
have the assistant city manager position filled at this time in order to allow a new city manager to
hire. In response, Squires said that could be discussed at the next council meeting. Casagranda
replied that she was concerned that the position might be filled by the next council meeting; Squires
said he didn't see that there was a way for that to happen. Casagranda stated, as an individual, her
opinion was that that position should not be filled at this time. Casagranda thanked Carol Griswold
for her ideas and suggestions, particularly with the recommendation for striking through the city
manager contract language in order to be more transparent. She encouraged everyone to start
changing the story for Seward, and provide positivity. Casagranda would support having more
female officers.
City of Seward, Alaska City Council Special Meeting Minutes
July 26, 2018 Volume 40, Page 489
Squires concurred that the contract should show strike outs. He agreed with having diversity
on the police force. Squires said Hunt had informed him yesterday that he would be in Anchorage
today.
ADJOURNMENT
The meeting was adjourned at 8:32 p.m.
drenda IiAo
City Clerk
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