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Home My WebLink AboutRes2011-054 Sponsored by: Mayor /Council CITY OF SEWARD, ALASKA RESOLUTION 2011 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THE RESIGNATION OF CITY MANAGER PHILLIP OATES AND SETTING THE TERMS FOR HIS DEPARTURE FROM CITY EMPLOYMENT WHEREAS, the City of Seward and Philip Oates entered into an employment agreement effective the 1st day of May, 2007; and WHEREAS, City Manager Phillip Oates has tendered his resignation to the city council on June 13, 2011; and WHEREAS, Oates has stated that his last day of employment with the City of Seward will be September 30, 2011; and WHEREAS, the city council will accept Phillip Oates' wishes and allow for termination on the above date. LEN NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The employment agreement between the City of Seward and City Manager Phillip Oates shall terminate on September 30, 2011. Section 2. Upon conveyance to the City of all city files and property in his possession, Oates shall be paid all sums due him for time worked and any accumulated vacation leave as required by city code, Charter and the employment agreement. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27` day of June, 2011. bow CITY OF SEWARD, ALASKA RESOLUTION 2011 -054 THE CITY • F SEWARD, ALASKA Willard E. Dunham, Mayor AYES: Valdatta, Smith, Keil, Shafer, Casagranda, Dunham NOES: None ABSENT: Bardarson ABSTAIN: None ATTEST: Johanna Kinney, CMC awe City Clerk (City Seal) • • ■ q 1, _ ... i` 610, t 4°, ♦♦ eeO'°•�a.ce�er0 �. r „of sets, City of Seward City of Seward, Alaska 4.7. (, ,'�e P.O. Box 167 1963 1965 2005 Seward, Alaska 99664 - 0167 4 cASMo' All- America City Main Office (907) 224 -4050 t I Facsimile (907) 224 -4038 June 13, 2011 t R E City Council JUN 13 2011 City of Seward C)l” I t .3' 410 Adams Street CITY CL IK • Seward, AK 99664 Dear members of the Council, Please accept this letter as formal notification that I will resign from my position on September 30, 2011. I am giving more than the two months of notice required in my contract to allow sufficient time for a thorough and productive search for my replacement. It has been an honor to serve as your city manager. I am proud of our accomplishments over the past four years. Sincerely, , -// / - - ■24 Phillip . Oates City Manager n 6 EMPLOYMENT AGREEMENT City Manager Services for Phillip Oates This agreement approved by the City Council of the City of Seward, effective the 1 day of May, 2007, is between the City of Seward, Alaska, whose address is P.O. Box 167, Seward, Alaska 99664 ( "City ") and Phillip Oates, whose address is PSC 1280, Box R, APO AE 09880 ( "Oates "). The City agrees to employ Oates as City Manager on an at- will basis. This agreement shall continue for three (3) years until May 1, 2010 unless sooner terminated as provided below. 1. Oates agrees to devote full time on behalf of the City and not engage in any other business. 2. Oates shall be paid at the rate of $7,500.00 per month. The City Council agrees to review Oates annually prior to adoption of the City's fiscal budget. In the first year after his six (6) month review, Oates shall be entitled to a three (3) percent increase in base salary upon a favorable review by the Council members as entered on the standard City Manager Evaluation Form. 3. Oates shall accrue annual leave and holidays in accordance with Chapters 3.45 and 3.50 of the Seward City Code. Oates shall be covered by the standard City health insurance and retirement plans. He shall receive credit for annual leave accrued at the rate of 13.5 hours per month. 4. A City vehicle is provided for Oates' use while traveling on City business. Alternatively, for those periods Oates uses his personal vehicle while traveling on City business, Oates shall be reimbursed by the City at the same rate as all other employees of the City. Reimbursement is subject to standard City policy procedures and Code Section 3.60.025. 5. Oates shall receive $5,000.00 from the City for relocation and moving expenses. Since he is required to relocate within the city limits, reasonable moving expenses for that move will be allowed. 6. Because of the peculiar nature of the City Manager position, it is agreed that the City's business can only succeed if the City Manager 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 Oates, to provide for termination by either the City or Oates without resort to any determination of cause or any necessary explanation by the City. Accordingly, this agreement may be terminated as follows: (a) By Oates 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 91 terminate the relationship or require Oates to continue for a period not to exceed sixty (60) days at his regular rate of pay from the date of receipt of the notice. The City shall make 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 terminate the relationship thirty (30) 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. Oates shall be entitled to his annual leave balance to the date of termination. (b) By the City for any reason or no stated reason upon giving written notice to Oates the City may at its option, terminate the relationship immediately. The City shall pay Oates two (2) months severance pay for each year of service upon his termination under this paragraph, up to a maximum of three (3) months severance pay, prorated from the date of this agreement. 7. 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; provided that no provisions of Title 3 of the Seward City Code shall apply except those provisions expressly identifying the city manager and except for the following enumerated provisions: 3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance and medical benefits, 3.45 annual leave, 3.50 holidays, 3.60 special provisions, except as set forth in Paragraph 5 above, 3.70 drug and alcohol policy, 3.75 sexual harassment policy, and 3.80 workers' compensation. DATED this 27` day of March, 2007. CITY OF SEWARD, ALASKA 1:1;sit, /0G7v* Vanta Shafer, May r Phillip •ates Jeat Lewis, City Clerk � � �an �lAa A S ...r„ 4 ?A (City Seal) 4 ' 44 .„?',„4:: y . .ae y a f 6 3 00 0 t3 " try ° tot,, • t ts r.. � � Y •dam