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Home My WebLink AboutRES2023-056 Kris Peck City Clerk Employment Agmt1 1 1 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. 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 8tn day of May, 2023. THE CITY OF SEWARD, ALASKA 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: Brenda J. Ba11oYi, MMC 1 1 1 City Council Agenda Statement Meeting Date: May 8, 2023 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: Has no fiscal impact x Funds are (✓): x $ $ $ Budgeted Line item(s): City Clerk Personnel Budget Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool x SMIC Parking Other Electric Water Wastewater Healthcare 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 Employment Agreement ("Agreement"), effective as of May 23, 2023, ("Effective 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 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. 2. 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. 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 3.60.025. Reimbursement for expenditures on behalf of the City shall not be paid unless reimbursement is sought in accordance with standard City procedures, including receipts, and supporting material. 5. 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 with the following exceptions, which may be amended from time to time in the city code: 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 (3.45.040 f). F. 3.50. Holidays. G. 3.60. Special Provisions. H. 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 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 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 their 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 ninety (90) days' pay in lieu of notice, or the City Council may require City Clerk to continue service at their regular rate of pay for a period of sixty (90) days. City Clerk shall be entitled to their annual leave balance at the date of termination. C. If the 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. D. The City shall defend, indemnify, and hold the City Clerk harmless for claims against City 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 salary increase or other amendment(s) to this contract upon favorable review. Seward City Clerk Employment Contract Page 2 of 3 168 contract annually and may consider a salary increase or other amendment(s) 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 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. CITY OF SEWARD CITY CLERK Sue McClure, Mayor CITY OF SEWARD Janette Bower, City Manager Kris Peck ATTEST: 169