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HomeMy WebLinkAboutRes1994-070 Sponsored by: Mayor & Council CITY OF SEWARD, ALASKA RESOLUTION NO. 94-070 A RESOLUTION OF TIm CITY COUNca OF TIm CITY OF SEWARD, ALASKA, AMENDING TIm EMPWYMENT AGREEMENT WITH TIm CITY CLERK WHEREAS, Linda S. MUlphy has been employed by the City Council as the City Clerk since February, 1982; and WHEREAS, the City Council wishes to amend the employment agreement between Murphy and the city by increasing the amount of annual salary paid to Murphy; NOW, THEREFORE, BE IT RESOLVED BY TIm CITY COUNCa OF TIm CITY OF SEWARD, ALASKA, that: Section 1. The employment agreement between the city of Seward and City Clerk Linda S. Murphy, a copy of which is attached and incorporated herein by reference, is hereby approved. Section 2. This resolution shall take effect on July 1, 1994. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of May, 1994. TIm CITY OF SEWARD, ALASKA {;JMZ ~ Q J\().;~ Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski None None None . CITY OF SEWARD, ALASKA RESOLUTION NO. 94-070 ATTEST: APPROVED AS TO FORM: WohIforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~f~ City Attorney . . (City Seal) EMPLOYMENT AGREEMENT TIllS AGREEMENT, approved by the City Council of the city of Seward, Alaska, on September 23, 1991, and effective July 1, 1991; amended August 23, 1993, and effective July 1, 1993; and amended May 23, 1994, and effective July 1, 1994, is between the city of Seward, hereinafter referred to as City, and Linda S. Murphy, hereinafter referred to as Murphy. The City agrees to employ Murphy as City Clerk as that term is defined in the City Charter and ordinances. This agreement shall continue until terminated as provided below. 1. Murphy agrees to devote full time on behalf of the City and not to engage in any other business. 2. Murphy shall be paid at the rate of $60,000.00 per year. The City Council agrees to review Murphy's salary at least annually prior to adoption of the City's fiscal budget. 3. Murphy shall be reimbursed by the City for use of her personal vehicle while travelling on City business at the same rate as all other employees of the City. 4. Reimbursement for expenditures on behalf of the City shall not be paid unless reimbursement is sought in accordance with standard City procedures, including receipts, vouchers and supporting material. 5. Murphy shall accrue personal leave and holidays in accordance with Chapters 3.45 and 3.50 of the Seward City Code. Murphy shall be covered by the standard City insurance and retirement plans. 6. 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 Murphy to provide Attachment A Resolution No. 94-070 Page 1 EMPLOYMENT AGREEMENT -- Linda S. Murphy for termination by either the City or Murphy without resort to any determination of cause or any necessary explanation by Murphy. Accordingly, this agreement may be terminated as follows: (a) By Murphy for any reason or no stated reason upon giving ninety days' written notice to the City. Upon receipt of notice, the City may immediately sever the relationship or require Murphy to continue for a period not to exceed ninety days at her regular rate of pay from the date of receipt of the notice. The City shall make the election promptly and within twenty-five days of the receipt of notice, and the City's failure to make an election shall be deemed an election to sever the relationship within thirty days from the date of receipt of the notice. if the relationship is so severed immediately, the City shall not be responsible for any severance or termination pay. Murphy shall be entitled to accrued annual leave. (b) The City may terminate this agreement for any reason or no reason upon ninety days' written notice to Murphy. The City may terminate the relationship immediately after the ninety days, or in the alternative, the City may pay ninety days' pay and terminate the relationship immediately upon giving notice. 7. The City shall defend, indemnify and save Murphy harmless for negligent acts or omissions of Murphy resulting from her employment by the City and within the scope of her duties as City Clerk. 8. 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 and signed by each of the parties. This agreement will be interpreted 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. It is agreed that only the provisions of Attachment A Resolution No. 94-070 Page 2 . . . EMPLOYMENT AGREEMENT -- Linda S. Murphy Chapter 3.45 (annual leave) and Chapter 3.50 (holidays with pay) of the City Personnel Code shall apply to this agreement. DATED this 23rd day of May, 1994. ATTEST: (" ; " . ' , c0.,--c,_ ~,y.- Patricia Jones Deputy City Clerk ,,-=d c:-- ~,J\....S';'. .,..- (City Seal) Attachment A r- ~ ('" A\-K1JY?, \A-) : 'vX'~ Dave W. Crane Mayor APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~rh-- City Attorney Resolution No. 94-070 Page 3