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HomeMy WebLinkAboutRes1993-005 . . . Sponsored by: Schaefermeyer/Crane CITY OF SEWARD, ALASKA RESOLUTION NO. 93-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING THE RESIGNATION OF CITY MANAGER DARRYL SCHAEFElilMEYER AND APPROVING A SEVERANCE AGREEMENT WHEREAS, for sixteen years Darryl Schaefermeyer has worked tirelessly on behalf of the citizens of Seward in a variety of capacities including assistant city manager, interim city manager and city manager; and WHEREAS, during that time, he has exemplified the highest qualities of public service: extraordinary energy and efforts, impeccable honesty and integrity, and an abiding love for his hometown; and WHEREAS, on June 21, 1992, the City Council approved an employment agreement with Darryl Schaefermeyer which provided that employment would continue for an indefinite time; and WHEREAS, the City Council has been unable to uniformly support the continued retention of Mr. Schaefermeyer; and WHEREAS, despite this inability to provide the necessary support for his continued effectiveness as city manager, the Council is unanimous in its recognition of the outstanding public service contributions by Mr. Schaefermeyer during his tenure with the city; and WHEREAS, Mr. Schaefermeyer is unwilling to continue indefinite employment with the city of Seward under what have become very stressful conditions and frequent and repeated confrontations with some members of the City Council; and WHEREAS, Mr. Schaefermeyer is of the opinion that the public interest would best be served by his resignation as city manager; and WHEREAS, the City Council regrets the circumstances that have led to this situation, but agree the current situation is not conducive to the working relationship necessary for effective leadership by the city manager; and WHEREAS, Mr. Schaefermeyer's lifetime residency in Seward and his many years of experience and involvement on behalf of the city constitute a reservoir of knowledge and experience that cannot be replaced; and WHEREAS, Mr. Schaefermeyer has graciously offered to continue to make that experience and knowledge available to the citizens of Seward through a professional . . . CITY OF SEWARD, ALASKA RESOLlITION NO. 93-005 services arrangement whereby he will make himself available as needed to assist future city managers and staff of the city as reasonably required; and WHEREAS, it is in the public interest that the city avail itself of this opportunity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The resignation of City Manager Darryl Schaefermeyer, a copy of which is attached and incorporated herein by reference as Exhibit A, is hereby accepted. Section 2. The Severance Agreement and the letter of recommendation attached thereto, copies of which are incorporated herein by reference as Exhibit B, are approved for execution by the Mayor of the city of Seward. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 11th day of January, 1993. THE CITY OF SEWARD, ALASKA f;A~, L&. Q~ Dave W. Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Darling, Krasnansky, Swartz, White Sieminski None None A ITEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ Il/~ Fred B. Arvidson City Attorney (City Seal) L l-- "\...1 U ~, i:J \L-_.J._~ ~:; - L C 5" SEVERANCE AGREEMENT . THIS AGREEMENT is between the City of Seward, Alaska, acting through the city council through Resolution 93-005 ("City; and Darryl Schaefermeyer, current city manager of the city of Seward ("Schaefermeyerj. 2. Subsequent to January 31, 1993, Schaefermeyer will continue on the payroll of City so long as he has unused but accrued, leave time, but, with the exception of this Agreement to provide services as set forth below, he shall have no obligation to work for or on behalf of City. Schaefermeyer will continue to be provided with all employee benefits during his leave time, including PERS, health insurance, and other benefits, with the exception of leave time. Subsequent to January 31, 1993, he shall not accrue leave time. 3. On January 15, 1993, City shall pay Schaefermeyer the sum of Sixteen thousand, six hundred twenty-five ($16,625.00) dollars, representing severance pay of approximately ninety (90) days. . 4. Subsequent to January 31, 1993, and thereafter, Schaefermeyer shall make best efforts to obtain suitable employment, within or outside the state of Alaska, at his discretion. In order to assist his efforts, City has authorized the mayor to execute the letter attached as Exhibit A to this Agreement and to provide as many copies as might be useful to Schaefermeyer. 5. If Schaefermeyer accepts employment with a local, state or federal agency or government, then, commencing on the first day of work for that new employer, the following release provisions shall prospectively apply: (a) With the exception of the continuing indemnification provided in Section 6 of this Agreement, Schaefermeyer hereby releases, waives and forever discharges any and all claims and causes of action which exist as of the effective date of this Agreement against the City of Seward, its employees, agents, officers, public officials and others. 6. From and after January 31,1993, City shall indemnify, defend and hold Schaefermeyer harmless from any and all claims, suits, administrative proceedings or any other proceedings related in any way to any actions, decisions, or inaction during hil? tenure with the City of Seward as city manager or in any other capacity, including those that might allege reckless or intentional misconduct. Schaefermeyer shall be promptly notified of any pending or threatened claim against him personally, and shall have the opportunity to participate in the defense thereof, including the selection of counsel acceptable to Schaefermeyer. 7. From and after January 31, 1993, Schaefermeyer may provide services to City under the following terms and conditions: (a) All requests for services shall be made through the then city manager. Schaefermeyer shall have no duty to inquire as to whether such requests have been authorized, budgeted or approved by the city council. . I CITY OF SEWARD, ALASKA SEVERANCE AGREEMENT - SCHAEFERMEYER Page 2 (b) Schaefermeyer shall bill City monthly for those services at the rate of Seventy-five and NO/1oo ($75.00) dollars per hour, with a one-half hour minimum, plus actual costs and expenses, . including transportation, meals, lodging, etc. (c) Services may include the preparation and gIVing of testimony related to Schaefermeyer's duties and activities on behalf of City, including those instances where he may be called : or subpoenaed by a party other than City. . (d) Schaefermeyer agrees to make himself reasonably available, but need not provide .1 services if doing so woulcl, in his judgement, impair his subsequent employment or interfere with his .1 personal or family life. I I DATED THIS /1:/1:: day of January, 1993. ! CITY OF SEWARD i I ~:BY:~~ u9. O~ , DAVE CRANE, MAYOR I I , I , ., ! ATTEST: , APPROVED AS TO FORM: PERKINS COlE 7~ IV~ Fred B. Arvidson 'I I .1 I I , i ! i , I I