HomeMy WebLinkAboutRes2018-084Sponsored by: City Clerk
CITY OF SEWARD, ALASKA
RESOLUTION 2018-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AMENDMENT #1 TO THE EMPLOYMENT
AGREEMENT WITH THE CITY CLERK
WHEREAS, on October 23, 2017, the City Council approved Resolution 2017-070 to hire
Brenda Ballou as the City Clerk; and
WHEREAS, at that time the City Council determined to conduct an Initial Evaluation in
July, 2018 to re-evaluate the City Clerk's goals and provide supportive direction; and
WHEREAS, the evaluation period was October 10, 2017 through July 6, 2018; and
WHEREAS, upon favorable review, the City Council may consider a salary increase or other
amendment(s) to the contract; and
WHEREAS, the City Council met with City Clerk Brenda Ballou on July 23, 2018 to
evaluate the City Clerk's performance, resulting in a favorable outcome; and
WHEREAS, on October 8, 2018, the City Council met to discuss the City Clerk's contract,
and assigned a negotiating team of two council members to meet with the City Clerk; and
WHEREAS, the negotiating team recommends amending the City Clerk's employment
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby approves Amendment No.1 to the City Clerk's
employment agreement dated October 10, 2017 between the City of Seward and Brenda Ballou,
resulting in an increase in the position's annual base salary to $75,000.
Section 2. The Clerk salary and benefit account numbers 01000-1113-6XXX has adequate
funding to accommodate the increase to salary and benefits, and therefore, additional funding
appropriation is not required.
Section 3. The effective date of the salary increase shall be retroactive to July 7, 2018.
Section 4. This resolution shall take effect immediately upon its adoption.
CITY OF SEWARD, ALASKA
RESOLUTION 2018-084
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22na
day of October, 2018.
THE CITY OF SEWARD, ALASKA
S��Cduv-x
Sue McClure, Vice Mayor
AYES: Seese, Towsley, Osenga, McClure
NOES: None
ABSENT: Lane, Horn, Squires
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal) o ��•.. .r�,
RA
OF SZb' f
• SEAL
FO A O 0
1
Council Agenda Statement
Meeting Date: October 22, 2018
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Employment Agreement Amendment # 1 with the City Clerk
BACKGROUND & JUSTIFICATION:
Brenda Ballou has been employed by the Seward City Council as the City Clerk since October 10,
2017. The City Clerk does not participate in standard employee step increases or cost of living
adjustments (COLA) as outlined in the Seward City Code, and any increase in pay must be by an
amendment to the employment agreement via Council Resolution.
The attached resolution reflects an increase to the City Clerk's salary, to $75,000 annually, reflecting
the outcome of a satisfactory Initial Evaluation by the Seward City Council, which took place in
July, 2018.
During the 2018/2019 budget process, the Salaries budget for the City Clerk's Office was predicated
on previous staffing models, and since there has been a turnover in staff, the current budget is
adequate to absorb the proposed increase and additional appropriations are not required.
FISCAL NOTE:
This amendment reflects an annual salary increase of $10,000 (16%) with an approximate increase
in benefit costs of $3,500, for a total cost increase of $13,500. An appropriation is not necessary
due to turnover in department positions resulting in personnel savings.
Approved by Finance Department: Yes
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Council approve Resolution 2018-084, making amendment 91 of the City Clerk employment
agreement with Brenda Ballou, retroactively effective to July 7, 2018.
39
Employment Agreement
Amendment #1
City Clerk
This agreement approved by the City Council of the City of Seward, effective October 10, 2017, and
amended on October 22, 2018, 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 (3.45.0401).
f. 3.50. Holidays.
g. 3.60. Special Provisions.
h. 3.70. Standards Relating to Drugs and Alcohol.
40
Employment Agreement
Amendment #1
City Clerk
i. 3.75. Standards Relating to Employee Conduct.
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 sysix -(6OL60) 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 *eg4igei4-acts or omissions of-C4y-Oerl-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 Completed July, 2018. 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.
is
Employment Agreement
Amendment #1
City Clerk
34—City Clerk shall be paid at the rate of $�75 000 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. — Formatted: Font: (Default) Times New
Roman, 12 pt
4-2-11. 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 this day of 12414 2018.
CITY OF SEWARD, ALASKA
David Squires, Mayor Brenda J. Ballou, MMC
Jeff Bridges, Interim City Manager
(City Seal)
M