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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