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HomeMy WebLinkAboutRes1991-103 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH CITY MANAGER DARRYL SCHAEFERMEYER WHEREAS, Darryl Schaefermeyer is the duly appointed city manager of the city of Seward; and WHEREAS, the City Council wishes to amend a previously approved employment agreement between the city and Schaefermeyer; 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 Darryl Schaefermeyer, a copy of which is attached and incorporated herein by reference, is hereby APPROVED, and the Mayor is authorized to execute said agreement on behalf of the City Council. Section 2. All previously approved resolutions or agreements in conflict herewith are hereby rescinded. Section 3. This resolution shall take effect immediately upon its adoption, and any changes in salary or benefits shall be approved retroactive to July 1, 1991. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26th day of August, 1991. THE CITY OF SEWARD, ALASKA C~t~v~,-bY d'({i-h David L. Hilton, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, Dunham, Hilton, Meehan, and Simutis Sieminski Krasnansky None -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-103 ATTEST: , (, .~' i f ~. ~ /1 Il" 'IL..., G a:s~:~r~h;;,lcM~ City Cle . \ 'i (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ nJ~ Fred B. Arvidson City Attorney -2- , , . . . 'I EMPLOYMENT AGREEMENT This Agreement approved by the City Council of the City of Seward on ,j iLf"s7 Lt1. 1991, and effective July 1, 1991, is between the City of Seward, Alaska ("City"), and Darryl Schaefermeyer I ("Schaefermeyer"). The City agrees to employ Schaefermeyer as City Manager as that term is defined in the City Charter and ordinances. This Agreement shall continue until May 31, 1992. 1. Schaefermeyer agrees to devote full time on behalf of the City and not to engage in any other business. 2. Schaefermeyer shall be paid at the rate of $ 64,790,00 per year. The City Council agrees to review Schaefermeyer's salary at least annually prior to adoption of the City's fiscal budget if requested by Schaefermeyer. 3. The City shall provide Schaefermeyer with $200.00 per month as a vehicle allowance and, in addition, Schaefermeyer may charge to the City $.275 per mile for use of personal vehicles on City business. 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. Schaefermeyer shall accme personal leave and holidays in accordance with Chapters 3.45 and 3.50 of the Seward City Code. Schaefermeyer shall be covered by the standard City insurance and retirement plans. 6. 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 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 Schaefermeyer to provide for termination by either the City or Schaefermeyer without resort to any determination of cause or any necessary explanation by Schaefermeyer. . . . 'I CIlY OF SEWARD, ALASKA EMPLOYMENT AGREEMENT Page 2 Accordingly, this Agreement may be terminated as follows: (a) By Schaefermeyer for any reason or no stated reason upon giving ninety (90) days' written notice to the City. Upon receipt of notice, the City may immediately sever the relationship or require Schaefermeyer to continue for a period not to exceed ninety (90) 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 election to sever the relationship within thirty (30) days from the date of receipt of the notice. If the relationship is so severed immediately, the City shall be responsible for severance or termination pay as set forth below. Schaefermeyer shall be entitled to accrued vacation and/or sick leave. (b) The City may terminate this agreement for any reason or no reason. If terminated by the City, City shall pay the balance that would have been paid if the Agreement had continued to term. For example if the Agreement were terminated by the City, effective January 1, 1992, the City , would pay five (5) months' salary. (c) The City shall not be responsible for any severance or termination pay at the conclusion of the term of this Agreement. Schaefermeyer shall be entitled to accrued vacation and/or sick leave. 7. The City shall defend, indemnify and save Schaefermeyer harmless for negligent acts or omissions of Schaefermeyer resulting from his employment by the City and within the scope of his duties as City Manager. 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. . . . II CITY OF SEWARD, ALASKA EMPLOYMENT AGREEMENT Page 3 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 Chapter 3.45 (annual leave) and Chapter 3.50 (holidays with pay) of the Seward City Code i shall apply to this Agreement. dor of ~<iSl ,1991. DATED this ..?~ CITY OF SEWARD, ALASKA ~~(4c- DAVID L. HILTON, SR., MAYOR ~ - A TIEST: APPROVED AS TO FORM: PERKINS COlE, Attorneys for the City of Seward, Alaska 7.--< tv~ FRED B. ARVIDSON City Attorney (City Seal)