HomeMy WebLinkAboutRes2019-044 Sponsored by: City Clerk
CITY OF SEWARD, ALASKA
RESOLUTION 2019-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF SEWARD AND SCOTT MESZAROS FOR CITY MANAGER
SERVICES
WHEREAS, the contract for the former Interim City Manager, Jeff Bridges, expired at
midnight on March 17, 2019; and
WHEREAS, the City Council approved Resolution 2019-029 on March 9, 2019 which
appointed Harbormaster Norm Regis as Acting City Manager for one month through April 19,2019;
and
WHEREAS,the City Council approved Resolution 2019-037 on April 16, 2019 to extend
Regis' appointment through May 20, 2019; and
WHEREAS,two applicants,Scott Meszaros and Erin Reinders,were unanimously approved
as the final candidates,and both applicants traveled to Seward for in-person interviews with council
on March 28, 2019; and
WHEREAS, on April 15,2019, Erin Reinders withdrew her application for consideration;
and
WHEREAS,on April 17,2019,council unanimously voted to offer the position as Seward
City Manager to Scott Meszaros, and on April 18, 2019 concluded successful negotiations.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby authorizes the Mayor and the Acting City
Manager to sign the contract between the City of Seward and Scott Meszaros in substantial form
attached hereto.
Section 2. The official date of hire for Scott Meszaros is May 1, 2019.
Section 3. Funding for this contract shall come from the City Manager budget for personnel
services.
Section 4. This resolution shall take effect immediately upon its adoption.
CITY OF SEWARD, ALASKA
RESOLUTION 2019-044
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th
day of April, 2019.
THE CITY OF SEWARD, ALASKA
David Squires, Ma r
AYES: Seese, Towsley, McClure, Lane, Osenga, Squires
NOES: None
ABSENT: Horn
ABSTAIN: None
ATTEST:
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renda J. Bal $u, MMC
City Clerk
(City Seal)
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COUNCIL AGENDA STATEMENT
Meeting Date: April 24,2019
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Approval of employment agreement with Scott Meszaros for the position
of City Manager
BACKGROUND &JUSTIFICATION:
Prior to the departure of former Interim City Manager Jeff Bridges on March 17, 2019, city
council approved Resolution 2019-001 to hire the recruiting firm GovHR USA to search for a
new permanent city manager.
Because the process could not be completed before Bridges' contract ended, there was the need
for the city to have an Acting City Manager appointed. On March 4, 2019, council unanimously
selected Harbormaster Norm Regis to serve as Acting City Manager.
Resolution 2019-029 appointed Harbormaster Norm Regis as Acting City Manager for the period
of March 18, 2019 through April 19, 2019, and Resolution 2019-037 extended the appointment
through May 20, 2019.
The City Council has been diligently working on finding a suitable city manager, and coming to
terms with the negotiation of a contract. On April 17, 2019, council unanimously voted to select
Scott Meszaros as the city's city manager. On April 18, 2019, the council's negotiating
committee concluded a successful negotiation with Meszaros, and determined that his start date
would be May 1,2019.
INTENT:
Approve the employment agreement for the permanent city manager hire of Scott Meszaros.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (document source here): x
Strategic Plan (document source here) x
Other Oist): x
6
FISCAL NOTE:The costs related to the increase in salary and benefits for the city manager
position is expected to be offset by a reduction in the costs related to the assistant city manager
position due to the retirement of the former assistant city manager with longer tenure. Therefore,
no further appropriation is necessary
Approved by Finance Department:
ATTORNEY REVIEW: Yes No Not Applicable
The city attorney drafted the employment agreement.
RECOMMENDATION:
Approve Resolution 2019-044
CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement), effective as of May 1, 2019,
("Effective Date"), is between the City of Seward, Alaska ("City") and Scott Meszaros
("Manager" or"Meszaros").
RECITALS
WHEREAS, the City wishes to employ Scott Meszaros as City Manager and
Scott Meszaros has agreed to serve the City in the capacity of City Manager as
provided for in this Agreement,
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
and covenants set forth in this Agreement, the City and Manager agree as follows:
Section 1. Duties of Manager.
A. Scope of Duties. Manager shall be employed by City as, and hold the title
of, "City Manager" of the City. Manager shall serve at the pleasure of, and report
directly to, the Seward City Council ("Council"). Manager shall perform all duties and
discharge all responsibilities of that position as prescribed by law, including but not
limited to Seward City Code 2.20.035. City Manager shall be aware of any changes in
the laws governing his duties and obligations under law and comply with those changes.
Manager shall maintain residency in the City during the entire term of this Agreement.
B. Confidentiality
. Manager recognizes that the he will receive and have
access to information of a confidential nature. Manager agrees any confidential
information obtained as a result of the City Manager position will be maintained as
confidential to the extent authorized by law. The City may terminate this agreement
without notice and hold Manager accountable to the greatest extent permitted by law if
he violates this provision. In order to find a violation of this provision, Manager's breach
of confidentiality must be evident in a document, at a public event or conceded by
Manager.
Section 2.
Compensation and Benefits of Manaaer.
A. S�ala . Manager shall receive an annualized salary of ONE HUNDRED
FORTY THOUSAND DOLLARS ($140,000,00) during the term of this Agreement,
payable in regular installments at the time other City employees are paid, or as
otherwise agreed upon between the parties in writing. Manager is not eligible for any
increases in compensation or bonus payments during the term of this Agreement. All
compensation paid to Manager shall be subject to required employment deductions,
taxes, and contributions.
B. Exempt Status, Manager acknowledges that the position of Manager is
exempt from the overtime requirements of state and federal wage and hour laws and as
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such, Manager is expected to work the hours necessary to accomplish the goals and
requirements of the position.
C. Retirement Benefits. Manager shall be enrolled in the Alaska Public
Employees Retirement System (PERS) during the term of this Agreement, so long as
the City participates in the System.
D. Health and Welfare Benefits. Manager shall receive group medical and
dental insurance coverage as provided to the employees of City, including coverage for
family members, subject to the requirements of the applicable plan.
E. Paid Leave. Manager shall receive an annual allotment of one hundred
sixty (160) hours of accrued paid leave for use for personal absences, vacation, and
sick leave. Notwithstanding the leave accrual provided for under this section, Manager
shall additionally receive a one-time allotment of twenty-four (24) hours of leave to be
exclusively used during the month of May 2019, and forty (40) hours of leave to be
utilized for purposes of relocating to Seward, Alaska; such leave shall not otherwise be
banked. Manager shall keep the Council generally apprised of planned absences; leave
exceeding five (5) consecutive days in duration must be approved by the Council. Upon
employment separation, including expiration of this Agreement, Manager shall receive
payment for all accrued, unused leave, in accordance with City policy and practices, so
long as Manager is in compliance with this Agreement. Any payment of accrued
unused paid leave shall be subject to all deductions, taxes and contributions required by
law.
F. Travel Professional Development Expenses. Manager
shall receive reimbursement from City for reasonable lodging and meal expenses while
travelling out-of-town for meetings or professional development in the interests of the
City, specifically to include two AML Conferences, and any other events as may be
approved by Council. City shall pay for professional dues for ICMA membership, and
other subscriptions or dues for participation in national, regional, state, and local
associations and organizations for the Manager's continued professional growth and
advancement, as may be approved by the Council.
G. Relocation Expenses. Manager shall be entitled to a relocation cost
reimbursement advancement of FIVE THOUSAND DOLLARS ($5,000.00), upon
execution of this agreement. Manager may be reimbursed for additional moving
expenses, up to a maximum of FIVE THOUSAND DOLLARS ($5,000.00) upon
presentation of satisfactory documentation of such expenses, consistent with IRS rules
regarding allowable expenses. Any questions or disputes regarding the sufficiency or
validity of documentation under this section shall require Council approval of
reimbursement. A receipt from a licensed moving company or vehicle rental company
shall constitute satisfactory documentation and is not subject to dispute.
Secflon 3. Term And Termination.
A. Term. The term of Manager's employment under this Agreement shall
begin on the Effective Date and end three years after the Effective Date, unless
extended in writing or terminated as provided in this Agreement. The City and Manager
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shall advise the other party of their intent to seek negotiation of a renewal or extension
of this Agreement, no later than sixty (60) days before the expiration of this Agreement.
B. Termination. Manager's employment under this Agreement is terminable
at will and at any time by City, without any notice of any kind whatsoever, with or without
cause, it being expressly and explicitly understood and agreed by Manager that he
holds the position of City Manager and serves as City Manager at the will of the Council.
Manager acknowledges that any action by the Council in connection with terminating
Manager's employment under this Agreement is not subject to any administrative or
grievance procedure, and Manager hereby waives the benefit of any right to notice, pre-
or post- termination hearing or any other procedure that may now or hereafter apply to
any such action by the Council or be available to other City employees, Upon
termination from employment, Manager shall be paid his monthly salary prorated down
to his final work day, including payment of unused accrued leave, and no further
compensation.
C. Resignation. Manager may resign his position upon thirty (30) days
written notice to City Council. Should Manager resign under this Agreement, he shall
be entitled to no additional compensation under this Agreement beyond the effective
date of his separation, other than accrued but unused paid time off in accordance with
the terms of this Agreement. At its option, the City may release Manager from his
obligation to continue to working through the notice period upon payment of salary
through the effective resignation date; however, on no account shall Manager receive
compensation in lieu of service for a period longer than thirty (30) days regardless of the
length of notice provided by Manager. In the event Manager resigns prior to the
expiration of this Agreement, Manager shall be obligated to reimburse City for all
moving expenses and costs advanced or reimbursed by the City. The City, in its sole
discretion, may waive this obligation, in writing, in the event circumstances warrant.
Section 4. tither Em to meat.
It is recognized that Manager must devote a great deal of time outside normal
office hours to business of the City, including but not limited to attendance at regular
and special City Council meetings. Normal work hours in a regular workweek
hereunder shall be construed to mean Monday through Friday, an 8-hour period
between 7:00 a.m. and 6:00 p.m. Manager shall not take nor undertake employment
with any other person, entity or business, without prior approval of the City Council.
Section 5. Indemnification by City.
The City shall indemnify, hold harmless and defend Manager against all claims
and liability which may result from any claim, action or suit by person based upon
alleged injury to or death of a person or alleged loss of or damage to property that may
occur or that may be alleged to have been caused by Manager in the course of
performance of his official duties during the duration of his employment with City under
this Agreement, provided, however, that City shall not be obliged to indemnify, hold
harmless or defend Manager against any such claim that was caused by Manager while
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acting outside the course of performing his official duties, or from any false, deceptive,
dishonest or criminal act or omission under the laws and regulations oft United
States of America, the State of Alaska and/or any political subdivision thereof. The City
shall not be responsible for the defense costs or indemnification of any legal counsel or
costs or fees under this section unless Council approves reimbursement or payment of
those costs and fees in writing and before such costs and fees are incurred.
Section 6. General Provisions.
A. No Conflict of Interest. During the term of this Agreement, Manager will
note ter into any activity, employment or business arrangement is conflicts with
the best interests of the City, or otherwise interferes with performance of his duties
under this Agreement, as may be determined in the sole discretion of Council.
Manager shall comply with Seward City Code 2.01.020(a) and Alaska Statute 39.50.
Manager shall advise Council of any activity, employment or business arrangement he
is contemplating entering is might conflict or give the appearance of conflicting with
the City's interests; failure to do so may subject Manager to termination.
B. Choice of Law and Venue. Any controversy or claim arising out of or
related to this Agreement or the breach thereof shall be governed by the laws of the
State of Alaska, and the City of Seward, Alaska, and the venue for any legal
proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial
District.
C. EEEn�fi�reree ent. This Agreement supersedes all prior oral or written
agreements, if any, between Manager and City, and constitutes the entire agreement
between Manager and City and approved by the Council.
D. Modification or Amendment. This Agreement shall not be supplemented,
modified or amended, except by a written agreement signed by Manager and approved
by Council.
E. Seve.r a..o.i.I.J.1y. If any provision of this Agreement shall be declared invalid
.................................... ............ _
or unenforceable, the remainder of this Agreement shall continue in full force and effect.
IN WITNESS WHEREOF the City has caused this Agreement to be signed and
executed on its behalf by its Mayor, and duly attested by its City Clerk. Scott Meszaros
has signed and executed this Agreement for and on behalf of himself, both in duplicate,
as of the day and year first above written.
CITY OF SE WARD CITY MANAGER
4A
.............................. .............
David Squires, Mayor Scott Msz
4z
CITY MANAGER AGREEMENT PAGE 4
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CITY OF SEWARD ATTEST:
Norm Regis, Acting City Manager Brenda Ballou, City Clerk
City Clerk
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