HomeMy WebLinkAboutRes1997-144
.
I
r
r
,
Sponsored by: Mayor and Council
CITY OF SEWARD, ALASKA
RESOLUTION NO. 97-144
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH
PATRICK REILLY FOR CITY CLERK SERVICES
WHEREAS, the Council advertised for the position of City Clerk following the resignation
offormer City Clerk Linda Murphy on May 30, 1997; and
WHEREAS, the Council reviewed the applications and held public interviews with the four
final candidates for city clerk; and
WHEREAS, the Council selected a candidate for city clerk but the negotiations were not
successful and the candidate declined the position; and
WHEREAS, the Council selected Patrick Reilly to serve as the Seward city clerk;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Mayor is hereby authorized to execute the employment agreement, attached
and incorporated herein by reference, between the City Council and Patrick Reilly for the position of
city clerk
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 25 day
of August, 1997,
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Bencardino, Blatchford, Clark, Keil
Crane, King
None
None
r OF SEWARD, ALASKA
~OLUTIONNO, 97-144
ATTEST:
Y~c' Lo.. ~~-
Patricia l Jones, CMC
Acting City Clerk
..\,\1 U II'",
. .......\~ Of SE'~""'-
(City Seal): ~, ,.....'.., \4.... ..,
." c}"... O/t;.'.!.;r'I'.A ~
.. --,,:~..v -.,.
: : \ ~
'. : - \ ~
i.f SEAL ~.I
..\ --- ==
'S.~\~ ~/.-I
'"lI~ ..ti':... ~
~X:'",\J,.:.~~.,
~ .. Oil ",.~~\....~
""....,"'~
.
I
r
r
(
EMPLOYMENT AGREEMENT
This agreement approved by the City Council of the City of Seward, effective the 26th day
of August, 1997 between the City of Seward, Alaska ("City"), and Patrick Reilly ("Reilly").
The City agrees to employ Reilly as City Clerk. This agreement shall continue indefinitely
unless terminated as provided below.
1. Reilly agrees to devote full time on behalf of the City and not to engage in any other
business without prior approval by the City Council.
2. Reilly shall be paid at the rate of $49,000 per year. The City Council agrees to
review Reilly's salary annually prior to adoption of the City's fiscal budget.
3. The City Council shall review Reilly's performance on or before March 15 and
September 15 each year as outlined in the City Council Rules of Procedure.
4,
Reilly shall be reimbursed by the City for use of his personal vehicle while traveling
on City business at the same rate as all other employees of the City. Reimburse-
ment 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. 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 Council and Reilly to
provide for termination by either the City Councilor Reilly without resort to any
determination of cause or any necessary explanation to either party.
Accordingly, this agreement may be terminated as follows:
(a)
By Reilly for any reason or no stated reason upon giving sixty (60) days
written notice to the City Council. Within fourteen (14) days of the receipt of
notice, the City Council shall make the election to terminate the relationship
immediately, or continue Reilly's service at his regular rate of pay for sixty
(60) days from the date of receipt of the notice. The City Council's failure to
make an election shall be deemed an election to terminate the relationship
sixty (60) days from the date of receipt of the notice. If the relationship is so
terminated, the City Council shall not be responsible for any severance or
termination pay. Reilly shall be entitled to his annual leave balance at the
date of termination,
(
(b) By the City Council for any reason or no stated reason upon giving written
notice to Reilly. The City Council may, at its option, terminate the relation-
ship immediately and provide Reilly with sixty (60) days pay in lieu of notice,
or, the City Council may require Reilly to continue service at his regular rate
of pay for a period of sixty (60) days. Reilly shall be entitled to his annual
leave balance at the date of termination.
6. The City shall defend, indemnify and save Reilly harmless for negligent acts or
omissions of Reilly resulting from his employment by the City and within the scope
of his duties as City Clerk.
7, 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. The provisions
of Title 3 of the Seward City Code shall not apply to this agreement with the
exception of:
3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance, 3.35 employee
development, 3.45 annual leave, 3.50 holidays, 3.60 special provisions, 3.70 drug
and alcohol policy, and 3.75 sexual harassment policy
DATED this
c27~ dayof ~~, 1997.
CITY OF SEWARD, ALASKA
ATTEST:
.v~~.~~
Patricia J, Jones, CMC, Acting City Clerk
Patrick Reilly, City
(City Seal)
",""11'",
....,\~ Or SE~ ""'-
,.... ~"-"'" ...,..o"~.....~<:>'~
'. (J' .' '. ~
'., ~.. ~
..,' . ~
.' '\ ~
: :......- ..
.: AL. *
. , '~ :e:
: -: SE~ i =
:\ ---I::
'$ .'. ..., . ~'" . . '" ::
\~".':'lve 1 ,\~.", ~~$
:r. 'f~.....l"'""t:'d~..
.., ... OF ~\"r;~..",
~"I1II"\'\\