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HomeMy WebLinkAboutRes1988-107 . . . Sponsored by: Gieseler CITY OF SEWARD, ALASKA RESOLUTION NO. 88-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONFIRMING THE APPOINTMENT OF B. MAX ROYLE AS CITY MANAGER WHEREAS, the city of Seward has actively engaged in a recruitment program to solicit applicants for consideration for city manager; and WHEREAS, the city received scores of applications from across the country; and WHEREAS, after review of the applications received, several semi-finalists were asked to complete questionnaires covering the applicants' management styles and philosophies; and WHEREAS, the City Council chose to interview two of the applicants who submitted questionnaires; and WHEREAS, B. Max Royle was determined by the Council to be the best qualified applicant for the position of City Manager; and WHEREAS, at its regular meeting of August 22, 1988, the City Council voted to offer the position of City Manager to Mr. Royle and authorized the Mayor and Vice Mayor to negoti- ate an employment agreement with him; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. B. Max Royle is hereby appointed to the position of City Manager of the city of Seward in accordance with the employment agreement attached and incorporated herein by reference. Section 2. This resolution shall take effect October 3, 1988. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this ~ day of September , 19 88 . -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 88-107 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA DUNHAM, GIESELER, HILTON, MEEHAN, O'BRIEN & SIMUTIS NONE NOLL NONE APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, Po\-JELL & BRUNDIN, Attorneys for the City of Seward, AK . . (City Seal) ~t1I~ Fre B. Arvi son City Attorney -2- ':' '? 2. ' ) ':~::~.l 'D . il I I I , . C - l.~\c -f\'1C . \ .. .1 v;~\-N CU:.R'r<. EMPLOYMENT AGREEMENT This Agreement is entered into this 1988, between B. Max Royle, (hereinafter city of Seward, (hereinafter "Employer"). day of "Employee") the 1. Purpose. Employer agrees to employ Employee in of City Manager, more particularly described in the and City Ordinances, incorporated into and made a agreement by reference. the position Ci ty Charter part of this . I i ! I I I I I 3. Duties. Employee shall make every effort and I shall devote his full time and attention to fulfillment of the il duties of the City Manager. Employee further agrees not to engage in any other business. 2. Term. The this agreement continue until term hereof shall commence upon by the City Council of the City of terminated under any provision of approval of Seward and section 5 below. Employee acknowledges that he will comply with the policies, procedures, standards, directives and regulations now I established or which may be established by the Employer from time .1 to time. 4. Compensation. In consideration of Employee's performance under this Agreement, he shall be paid the following: (A) An annual salary of Fifty-Seven Thousand Dollars ($57,000.00), payable bi-weekly in equal installments on Employer's regular pay-day during the term of this agreement. The salary may be increased from time to time at the sole discretion of Employer and may be reviewed prior to adoption of the city's fiscal budget, if requested by Employee. . " ; " I 'EMPLOYMENT AGREEMENT - B. MAX ROYLE ,PAGE 2 (B) Employer shall pay Employee a one time sic, on bonus of Five Thousand Dollars ($5,000.00). Employee agrees ItO reimburse Employer pro rata portions of this bonus should this ,Agreement terminate, regardless of reason or the party electing the termination, within twelve months of the date this Agreement commences. Such pro rata portions shall each be equal to one- : twelfth of the bonus and paid to Employer for each month ; remaining between the time the Agreement terminates and the end of the twelve month period. (C) Employee shall be paid two hundred Dollars ($200.00) per month as a vehicle allowance. (D) Employee shall receive personal leave and I holidays in accordance with sections 17-10 and 17-11 of the I Seward City Code. Employee shall also be covered by Employer's ; standard group health plan and retirement plans in place for , I other employees. 5. Termination. Due to the peculiar nature of the i 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 enj oy a working relationship based on mutual respect, trust, and positive attitudes. It may, therefore, be impossible i to quantify "poor performance" or "just cause" for termination I given these complexities which often involve personality factors, I I as opposed to legal or contractual factors. It is, therefore, i the intent of the parties to provide for termination by either Employer or Employee without resort to any determination of cause or any necessary explanation by Employee. Employee may therefore terminate this Agreement for any reason, or no stated reason, upon giving ninety (90) dayp' ,written notice to Employer. Upon receipt of notice, Employer mL . EMPLOYMENT AGREEMENT - B. MAX ROYLE PAGE 3 immediately sever the relationship, or require Employee to continue, at his regular rate of pay, for a period not to exceed ninety (90) days from the date of receipt of the notice. Employer shall make this election within twenty-five (25) days of receipt of the notice. Employer'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 severed by the Employee, Employer shall not be responsible for any severance or termination pay. Employee shall be entitled to accrued vacation and/or sick leave. Employer may terminate this Agreement for any reason, or no reason, upon ninety (90) days' written notice to Employee. On receipt of such notice, Employer may . (A) terminate the relationship immediately after the Employee has worked the ninety (90) days and pay no further pay, or (B) Employer may terminate the relationship at any time during the ninety (90) days and pay Employee severance pay at his usual rate of pay for the remainder of the ninety (90) day period, or (C) Employer may terminate the relationship immediately and pay Employee three (3) months' severance pay. . Further, this Agreement shall immediately terminate upon Employee's death. It shall also immediately terminate upon Employee's disability or illness such that he is continuously unable to perform his duties for a period in excess of ninetv (90) consecutive days. Employee shall thereafter no longer be entitled to any compensation provided herein. Employee and Employer may agree to have Employee return to employment with Employer should any disability be cured and this Agreement shall I 1 I ! EMPLOYMENT AGREEMENT - B. MAX ROYLE 'PAGE 4 I I I resume as though Employee were employed as a new employee on the 'date he returns to work. 6. Reimbursement for Expenditures. Reimbursement for on behalf of the city shall not be paid unless is sought in accordance with standard city including receipts, vouchers, and supporting expenditures reimbursement i : procedures, ,I i! material. II II 'I 7. Indemnification and Hold Harmless. Employer shall ,j defend, indemnify and save Employee harmless for negligent acts I or omissions of Employee resulting from his employment by the I city and within the scope of his duties as City Manager. II ,I I 8. Conflict of Interest. Employee agrees that as , City Manager he will be fair and impartial in all dealings and I will avoid any actions which create a conflict of interest or : might reasonably be interpreted as affecting the impartiality : the position. Employee will avoid any action which adversely ! affects or appears to affect his ability to perform his duties as : City Manager. ;1 " 9. Miscellaneous Provisions. (A) Governinq Law. This Agreement shall be ,I governed by and construed under 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 Section 17-10 (annual leave), section 17-11 (holidays and pay) of the City Personnel Code apply to Employee. (B) Jurisdiction. In the event that any action or suit is brought to enforce this Agreement, the parties agree to be subject to exclusive in personam jurisdiction in the Superior Court of Alaska and agree that in any such action vem'= shall lie exclusively in Anchorage, Alaska, in the Third Judici District. EMPLOYMENT AGREEMENT - B. MAX ROYLE PAGE 5 . (C) Entire Aareement. This Agreement contains the entire agreement of the parties and supersedes all prior negotiations. No other agreement, statement or promise made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. (D) Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in force and effect and in no way be affected, impaired, or invalidated. (E) Assianment. Employee may not assign this Agreement. . (F) Amendment. This Agreement may be amended only by a written document executed by the parties hereto. 11. Emolovee's Certification. Employee hereby he has received a copy of this Agreement and he understands the contents herein. Employee this Agreement fairly represents the agreement reached between the parties. certifies that that that certifies certifies IN WITNESS WHEREOF the parties have executed this Agreement on the date first written above. CITY OF SEWARD, ALASKA By:~e..~-<:~j(;/~ . GIESELER, MAYOR L B. ~ ~K ROYLE . EMPLOYMENT AGREEMENT - B. MAX ROYLE PAGE 6 j ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL, & BRUNDIN i " d ;1 I ,I Linda S. Murphy, CMC i City Clerk ! Fred Arvidson, City Attorney STATE OF ALASKA ) ) ss. ) THIRD JUDICIAL DISTRICT i THIS IS TO CERTIFY that on this 20th day of I September , 1988, before me, the undersigned, a Notary Public ,','I in and for the State of Florida ,personally appeared B. Max Royle, known to me and to me known to be the individual named in and who I executed the foregoing document, and he acknowledged to me that I he signed and sealed the same as his free and voluntary act for I the uses and purposes therein set forth. _I WITNESS my hand and notarial seal the day and ye first hereinabove written. ~.Y.~~ N tary Public in and for Florida My Commission expires:_____ :1'" ;;:,~;'~":r' ;'~:~_.r: ~:j;~~~ ;~,' r-,":~;_~," ~;{ r~~'~:3:~~~ [~p ~J:~. l.~)~i 80:mEj 1 i!-'~ ~:~\l;'.~L !:~$.. L~~.