HomeMy WebLinkAboutRes1991-105
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Sponsored by: Murphy
CITY OF SEWARD, ALASKA
RESOLUTION NO. 91-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT
WITH THE CITY CLERK
WHEREAS, Linda S. Murphy 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;
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
as Attachment A, between the City Council and City Clerk Linda S.
Murphy.
Section 3. This resolution shall take effect July 1, 1991.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 23rd day of September, 1991.
THE CITY OF SEWARD, ALASKA
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David L. Hilton, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Hilton, Meehan, Sieminski & Simutis
Burgess & Krasnansky
None
None
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
Z." N~
Fred B. Arvidson
City Attorney
(City Seal)
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EMPLOYMENT AGREEMENT
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THIS AGREEMENT, approved by the City Council of the city of Seward,
Alaska, on September 23, 1991, and effective July 1, 1991, 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 $49,215.00 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
Attachment A
Resolution No, 91-105l
Page 1
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EMPLOYMENT AGREEMENT -- Linda S. Murphy
and Murphy to provide 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
Attachment A
Resolution No, 91-105
Page 2
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EMPLOYMENT AGREEMENT -- Linda S, Murphy
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 City Personnel Code shall apply to this agreement.
DATED this 23rd day of September, 1991.
C<-<-,cC-rd C~
David L. Hilton
Mayor
A TIEST:
APPROVED AS TO FORM:
PERKINS COIE, Attorneys for the city
of Seward, Alaska
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Patricia Jones
Deputy City Clerk
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Fred B. Arvidson
City Attorney
(City Seal)
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Attachment A
Resolution No, 91-105
Page 3