HomeMy WebLinkAboutRes1997-051
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Sponsored by: Mayor and Council
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE CONTRACT WITH CITY MANAGER
RONALD A. GARZINI TO ALLOW FOR AN INDEFINITE EXTENSION
UNTIL TERMINATED WITH SIXTY DAYS NOTICE BY GARZINI OR THE
CITY COUNCIL
WHEREAS, the current employment contract between the City and City Manager Ronald
A. Garzini expires on June 30, 1997; and
WHEREAS, it is in the best interest of the City and Mr. Garzini to continue the contract for
an indefinite period of time provided that either party gives the other not less than 60 days' notice
of termination;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The employment agreement between the City of Seward and City Manager
Ronald A. Garzini is hereby amended as set forth in the amended contract agreement attached and
incorporated herein by reference.
Section 2. This resolution shall take effect May 1, 1997.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 14th
day of April, 1997.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Blatchford, Clark, Crane, Keil, King
None
None
None
crIY OF SEW Aim, A1ASRA
RESOLUTION NO. ~
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EMPLOYMENT AGREEMENT
This agreement approved by the City Council of the City of Seward, effective the 1 st day
May, 1997 is between the City of Seward, Alaska ("City"), and Ronald A. Garzini
("Garzini"). The City agrees to employ Garzini as City Manager as that term is defined in
the City Charter and ordinances. This agreement shall continue until terminated as
provided below.
1. Garzini agrees to devote full time on behalf of the City and not to engage in any
other business without prior approval of the City Council.
2. Garzini shall be paid at the rate of $75,000.00 per year. The City Council agrees
to review Garzini's salary at least annually prior to adoption of the City's fiscal
budget if requested by Garzini.
3.
The City shall provide Garzini with $200,00 per month as a vehicle allowance and,
in addition, Garzini may charge the City for use of personal vehicles on City
business at the rate per mile then allowed by the United States Internal Revenue
SeNice for that purpose,
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. Garzini shall accrue annual leave and holidays in accordance with Chapters 3.45
and 3.50 of the Seward City Code, Garzini shall be covered by the standard City
insurance and retirement plans.
6. Not later than September 30 and March 31 of each calendar year, commencing in
September, 1995, the City Council shall prepare a written evaluation of Garzini's
performance as City Manager.
7.
Because of the peculiar nature of the City Manager position in that it involves
dealing on behalf of the City in various fields and the involvement of the City
Manager position in many different projects, it is agreed that the City's business can
only succeed if the City Manager 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 Garzini to provide
Employment Agreement - Ronald A. Garzini
Page 1
for termination by either the City or Garzini without resort to any determination of
cause or any necessary explanation by Garzini.
Accordingly, this agreement may be terminated as follows:
(a) By Garzini 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 require Garzini to continue for a period not to
exceed sixty (60) days at his regular rate of pay from the date of receipt of
the notice. The City shall make the election promptly and within twenty-five
(25) days of the receipt of notice, and the City's failure to make an election
shall be deemed an eJection to terminate the relationship thirty (30) 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. Garzini
shall be entitled to accrued vacation and/or sick leave to the date of
termination.
(b) By the City for any reason or no stated reason upon giving sixty (60) days
written notice to Garzini. The City may, at its option, terminate the
relationship immediately after the sixty (60) day period, or in the alternative,
the City may pay Garzini sixty (60) days pay and terminate the relationship
immediately upon giving notice. Garzini shall be entitled payment for his
annual leave balance at the date of termination. If the City elects to pay
Garzini sixty (60) days pay and terminate the relationship immediately upon
giving notice, annual leave that would have accrued had Garzini worked
during such sixty (60) day period shall be paid.
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 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; provided that the
provisions otTitle 3 of the Seward City Code other than Chapter 3.45 (annual leave)
and Chapter 3.50 (holidays with pay) shall not apply to this agreement.
DATED this
/I-IL
day of O?
,1997.
Employment Agreement - Ronald A. Garzini
Page 2
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CITY OF SEWARD, ALASKA
ATTEST:
Employment Agreement - Ronald A. Garzini
Page 3