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HomeMy WebLinkAboutRes1986-067 . . . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 86-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPIDYMENT AGREEMENT WITH THE CITY CLERK WHEREAS, Linda S. l-furphy has been employed by the City Council as the City Clerk since February, 1982; and WHEREAS, the City Council wishes to provide certain proce- dures, benefits and requirements regarding the employrrent of the Clerk by the City; NCW, 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 Elrployrrent Agreement, attached and incorporated herein by reference as Exhibit "A", between the City Council and City Clerk Linda S. Murphy. Section 2. This resolution shall take effect July 1, 1986. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 23 day of June , 19 86 . THE CITY OF SEWARD, ALASKA +- e d-.o-.~ Y . IESELER, MAYOR AYES: NOES: ABSENT: ABSTAIN: BOOHER, GIESELER, GILLESPIE, HILTON, MEEHAN & SIMUTIS NONE SCHOLL NONE ATTEST: APPROVED AS 'ID FORM: HUGHES, THORSNESS, GANTZ, FaVELL AND BRUNDIN, Attorneys for the City of Seward, Alaska c-;z~ III LL,'A- Fred B. Arvidson, City Attorney -1- . . . Ii . . EMPIDYHENT AGREEl1Ef\1T THIS AG~1T / approved by the City Council of the City of Seward on June 23, 1986, and effective July 1, 1986, is between the City of Seward, Alaska, hereinafter called "City", and Linda S. Murphy, hereinafter called I "Murphy". The City agrees to employ Murphy as City Clerk as that term is ,I defined in the City Charter and ordinances. This agreement shall contL'1ue 'I i I until terminated as provided below. , , 'I 1. Murphy agrees to devote full tirre on behalf of the City and not to engage In any other business. 2. r-lurphy shall be paid at the rate of $41,500.00 per year. The City Council agrees to review Murphy's SalaD} at least annually pr10r to adoption of the City's fiscal budget. :1 !I il 3. Murphy shall be reimbursed by the City for use of her personal vehicle while travelling on City business at the sarre rate as all other errployees of the City. 4. Reimbursement for expenditures on behalf of the City shall not be paid unless reimbursement 1S sought in accordance with standard City procedures, including receipts, vouchers, and supporting rratl?ria1. 5. Murphy shall accrue personal leave CL'1d holidays in accordance with Sections 17-10 and 17-11 of the Seward City Code. Murphy shall be covered by the standard City insurance and retirement plans. 6. Because of the peculiar nature of G~e City Clerk position, it is agreed that the City's business can only succeed if the City Clerk ard the City Council enjoy a working relationship based on mutual respect, trust and positive attitudes. It may therefore be inpossible to quantify "poor perforrrence" or "just cause" for termination given these corrplexities which i I ,I " " -1- . . . . EMPLOYMENT' AGREENENT -- LINDA S. MURPHY . often involve personality factors as opposed to legal or contractual factors. It is therefore the intent of both the City and Murphy to provide for termination by either the City or Murphy without resort to any deter- mination of cause or any necessary explanation by Murphy. Accordingly, this agreerrent rray be terminated as follows: (a) By furphy for any reason or no stated reason upon giving forty- five (45) days' written notice to the City. Upon receipt of notice, the City may immediately sever the relationship or require Murphy to continue for a period not to exceed forty-five days at her regular rate of pay from the date of receipt of the notice. The City shall rrake 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 an election to sever the relationship within thirty (30) days from the date of receipt of the notice. If the relationship is so severed immediately, the City shall not be responsible for any severance or termination pay. Murphy shall be entitled to accrued annual leave. (b) The City rray terminate this agreerrent for any reason or no reason upon forty-five (45) days' written notice to Murphy. The City rray termi- nate the relationship immediately after the forty-five (45) days, or In the alternative, the City may pay forty-five (45) days' pay and terminate the relationship immediately upon giving the notice. 7. The City shall defend, indemnify and save Murphy harmless for , , :1 i , negligent acts or anissions of Murphy resulting from her employment by the City and within the scope of her duties as City Clerk. 8. This agreerrent is the entire agreement and where ever approval of the City is required it is understood that such approval will be by the -2- . . . . . . . EMPLOY HE NT AGREEMENT -- LINDA S. MURPHY City Council of the City of Seward. This agreerrent supersedes any prev10us agre~nt and may be rrodified only in writing and signed by each of the parties. This agreement will be interpreted 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. It is agreed that only the provisions of Section 17-10 (annual leave) and Section 17-11 (holidays with pay) of the City Personnel Code shall apply to this agreement. DATED this z3 day Of,~/,-~~ , 1986. ~~z.~~~~ Har~Gieseler, Mayor ~- /; / ~(!J /1ft J~ l, . S.""",hy, City flert ATTEST: ~) APPROVED AS TO FOR."!: il HUGHES, THORSNESS, GANTZ, J?avEIL AND BRUNDIN, Attorneys for the City of Seward, Alaska Christy Audette, Deputy City Clerk Fred B. Arvidson, City Attorney (City Seal) -3-