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Home My WebLink AboutRES2024-025 City Clerk Contract AmendmentSponsored by: City Clerk I CITY OF SEWARD, ALASKA RESOLUTION 2024-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT #I TO THE EMPLOYMENT AGREEMENT WITH THE CITY CLERK WHEREAS, Kris Peck has been employed by the Seward City Council as the City Clerk since May 23, 2023; and WHEREAS, the City Clerk is an at-will contract employee of the City Council, and as such, does not participate in standard employee step increases or cost of living adjustments (COLA) as outlined in the Seward City Code, unless approved via resolution as an amendment to the employment agreement; and WHEREAS, the employment agreement states 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; and WHEREAS, the City Clerk’s initial salary was $75,000; and I WHEREAS, on March 26, 2024, the City Council evaluated the City Clerk and the results were highly satisfactory; and WHEREAS, this resolution will amend the employment agreement to increase the annual salary to $90,000, representing a 20% salary increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby approves Amendment # 1 to the City Clerk’s employment agreement to change the annual base salary to $90,000. Section 2. Funding in the amount of $15,000 is budgeted in line item 01000-1110-6000. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 15'^ day of April, 2024. THE CITY OF SEWARD, ALASKA I Sue McClure, Mayor CITY OF SEWARD, ALASKA RESOLUTION 2024-025 Page 2 of 2 I AYES: NOES: ABSENT: ABSTAIN: Osenga, Calhoon, Wells, Crites, Finch, McClure None Barnwell None ATTEST: Kris Peck City Clerk (City Seal) i‘•|'sEAL'|•l i \ / j I I City Council Agenda Statement Meeting Date: April 15, 2024 To: City Council From: Kris Peck, City Clerk Subject: Resolution 2024-025: Approving Amendment #1 to the Employment Agreement with the City Clerk Background and justification: Kris Peck has worked in the City Clerk’s office since December 2021. Peck entered into a contract with the City Council for City Clerk services with a start date of May 23, 2023. The city clerk does not participate in standard employee step increases or cost of living adjustments (COLA) as outlined in the Seward City Code, and any increase in pay must be by an amendment to the employment agreement via council resolution. The attached resolution would increase the City Clerk’s current salary from $75,000 to $90,000 as the outcome of the City Clerk’s annual evaluation by the Seward City Council, which took place on March 26, 2024. Certification of Funds Total amount of funds listed in this legislation: $ 15,000 This legislation (): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ 15,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (): X Budgeted Line item(s): 01000-1110-6000 Not budgeted Not applicable Fund Balance Information Affected Fund (): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review Yes Attorney Signature: X Not applicable Comments: Administration Recommendation X Adopt Resolution Other: CITY CLERK EMPLOYMENT AGREEMENT AMENDMENT#! This Employment Agreement ("Agreement"), effective as of May 23, 2023, ("Effective Date"), and amended April 15, 2024, is between the City of Seward, Alaska C'City") and Kris Peck C'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 Agreement Page 1 of 3 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 ninety (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 their 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 $90,000 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 Agreement Page 2 of 3 Resolution 2024-025 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. CRY OF SEWARD, ALASKA Kris Peck, City Clerk Date Sue McClure, Mayor Date 7 DalKat Socehsen, JZity Manager ^ -17- 7.0'h‘i DateAttest s ^ (city seal) SEAL IS • Seward City Clerk Employment Agreement Page 3 of 3 51