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Home My WebLink AboutRES2023-056 Kris Peck City Clerk Employment Agmt Sponsored by: Mayor McClure CITY OF SEWARD,ALASKA RESOLUTION 2023-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SEWARD AND KRIS PECK FOR CITY CLERK SERVICES WHEREAS, City Clerk Brenda Ballou gave her resignation on March 15, 2023, with a final date of May 22, 2023; and WHEREAS, the city clerk position was listed in-house for five days for any infernal candidates; and WHEREAS, Kris Peck was the only internal candidate and a meeting was scheduled to review his application; and WHEREAS, during a special meeting was held on April 6, 2023,the City Council made a motion to hire Kris Peck based on successful salary and contract negotiations; and WHEREAS, salary and contract negotiations are completed. 111 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby approves the contract between the City of Seward and Kris Peck in substantial form as attached hereto. Section 2. The official date of hire for Kris Peck is May 23, 2023. Section 3.Funding for this contract shall come from the City Clerk budget. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of May, 2023. THE CITY OF SEWARD, ALASKA 2AL_AW-Cle&A-t- Sue McClure,Mayor CITY OF SEWARD, ALASKA RESOLUTION 2023-056 AYES: Calhoon, Barnwell, DeMoss, Osenga, Wells, Finch, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: 4'14 Brenda J. Ballo , MMC City Clerk tots II 11111 UN? V 1. �00 riop • ; SEAL ® r • • ## OF g-;io's „,,RI 1 u II P" City Council Agenda Statement a Meeting Date: May 8, 2023 t! To: City Council From: Sue McClure, Mayor Subject: Resolution 2023-056: Approving an Employment Agreement Between the City of Seward and Kris Peck for City Clerk Services Background and justification: On March 15, 2023, City Clerk Brenda Ballou gave her resignation with a final date of May 22, 2023. The city clerk position was listed in-house for five days for any internal candidates with Kris Peck being the only internal candidate. A special meeting was scheduled for April 6, 2023, to review his application. After the special meeting was held, the City Council made a motion to hire Kris Peck based on successful salary and contract negotiations. Salary and contract negotiations are completed. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.3 Improve quality of City Governmental Services Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 75,000 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): x Budgeted Line item(s): City Clerk Personnel Budget Not budgeted Not applicable Fund Balance Information Affected Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other 164 Note: amounts are unaudited Fund Balance/Net position — restricted $ Fund Balance/Net position — unrestricted/unassigned $ 5,860,108 Available Unrestricted Cash Balance: $ 8,526,929 Finance Director Signature: Attorney Review x Yes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 165 CITY CLERK EMPLOYMENT AGREEMENT This EAgreement ("Agreement"), effective as of May2023, Date', is between the City of Seward, Alaska ("City") and Kris Peck ('City Clerk'. This agreement shall continue indefinitely under the following terms. 1. The City acknooiled19es that City Clerk is committed to the ideals of the international Institute of Municipal Clerks ("IIMC"), and both parties mutua��lly desire that City Clerk be subject to and complywith 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. ?. Professional growth and continuing education and obtaining andmaintaining clerk iscertifications through training and education, allowed and encouraged for City Clerk and the staff of the clerk's office. 3. City Clerk 'is encouraged to participate in community and civic affairs. 4. Travel by the City Clerk shall be in accordance with City Code 3.b0.025. ReimbuReimbursement for expenditures on behalf of the City shall not be pciIdunless reimbursement is sought in accordance with standard City procedures, ii� c;ing receipts, ano ing material. 55 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,, 6. The provisions of Title 3 of the Seward City Code shall not apply to this agreement 9 in with the following exceptions, whichh ay be amended from time to time the citycode:Alp3.15.085. 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. Es 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 (3.45.040 f). Fa 3.50. Holidays. Go 3.60. Special Provisions. H it 3.70. Standards Relating to Drugs and Alcohol. I. 3.75. Standards Relating to Employee Conduct. J. 3.80. Worker's Compensation,. Seward City Clerk Employment Contract Page 1 of 3 167 c=. 7. 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 impossibly to quantify "poor performance" or Jon e�iven ust cause" for termi*nati 1-0 complexities which often 'involve personality factors as opposed to legal or co.tractUall factors. ItCity &*Is therefore the *Intent of both the and Clerk, to provide for termination by either the City or City Clerk without resort to any determination of cause or any necessary exp,Ianation 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 immediately w itten I Upon recei�pt of not*1ce the C'Oty may r notice �to tne Cetya I iterminate the relationshi�p, or may requ�ire City C11�2.rk to continue for a period not to exceed sixty(60) days at their regular rate or" ;gay from the date of receipt of the notice. The City shall make the election promptly and within fourteen (14) 0 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 t:,h�e date of receipt of the notice. If the rielat*ionsh'ip is so t..,.rminated, the Cl*ty shall ',not be 'a A0responsible for any severance or ter!minatilon pay, and City Clerk shall be entitled to any annual leave balance to the date of termination. B. By the City Counc*11 for any reason or no stated reason upon giving wroit' ten notice to CityClerk. The Cityounc may, itsCilat terminate the relationship immediately and provide City C wit hninetyu days' pay in lieu of notice, or the City Council may require City Clerk to continue service at their regular rate of itheir annual for G-1 Perliod of sixty (90) days. City Clerk s�hall be ent*ltled to leave pay balance at the date of termination. full-timeairwith the City, City Clerk will Cfa I�f the �City Clerk retiresfrom public service Provide six (6) months' notice, and the actual retirement date will be mutually established. D. The City shall defend, indemnify, and hold the City Clerk harmless for claims APO%againstCity Clerk for acts or omissions 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. 8,. The City Council shall provide the City Clerk with an Initial Evaluation, 180 calendar days from the date of hire, to re-evaluate the City Clerk's goals and provide supportive direction. 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. 9. City Clerk shall be paid at the rate of $75,000.00 per year. The City Council agrees to review the City Clerk's performance and contract annually and may consider a salar}/ increase or other amendments) to this contract upon favorable review. Seward City Clerk Employment Contract Page2of3 168 001. contract anin,iGfiy and may consider a salary increase or other amendment(sj to this contract upon favorable review,, 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 writingin signed by each of the parties. This agreement will be interpreted and enforce�d Alaska Charter in accordance with the laws of the State of Alaska and is subject to all applicable 10 the and ordinance Provisions of City of Seward. CITY OF SEWARD CITY CLERK 1117 Sue McClure, Mayor Kris Peck, CITY OF SEWARD ATTEST: Janette Bower, City Manager 169