HomeMy WebLinkAboutRes1989-071
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Sponsored by: Gieseler
CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, CONFIRMING THE APPOINTMENT
OF DARRYL SCHAEFERMEYER AS CITY MANAGER
WHEREAS, former City Manager B. Max Royle resigned his
position with the city effective June 30, 1989; and
WHEREAS, the City Council has offered the City Manager
position to Deputy City Manager Darryl Schaefermeyer;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. Darryl Schaefermeyer is hereby appointed to the
position of City Manager of the city of Seward, Alaska, effective
July 1, 1989, in accordance with the employment agreement attached
and incorporated herein by reference.
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 10th day of July, 1989.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Gieseler, Hilton, Meehan, O'Brien & Simutis
None
Noll
None
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 89-071
ATTEST:
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(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
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Fred B. Arv~dson
City Attorney
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EMPLOYMENT AGREEMENT
This agreement approved by the city Council of the city of
Seward on ~ (~ /~ , 1989, and effective July 1, 1989,
is between the city of Seward, Alaska ("city"), and Darryl
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The city agrees to employ
Schaefermeyer (" schaefermeyer") .
Schaefermeyer as city Manager as that term is defined in the City
Charter and ordinances.
This agreement shall continue until
terminated as provided below.
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 $62,000.00
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 $.24 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 accrue personal leave and holidays
in accordance with Chapters 3.45 and 3.50 of the Seward City
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CITY OF SEWARD, ALASKA
EMPLOYMENT AGREEMENT
Page 2
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
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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 determina-
tion of cause or any necessary explanation by Schaeferrneyer.
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 relation-
ship 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
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promptly and within twenty-five (25) days of the receipt of
notice, and the City's failure to make an election shall be
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CITY OF SEWARD, ALASKA
EMPLOYMENT AGREEMENT
Page 3
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 not be responsible for
any severance or termination pay.
schaefermeyer shall be
entitled to accrued vacation and/or sick leave.
(b) The City may terminate this agreement for any reason
or no reason upon ninety (90) days' written notice to Schaefer-
meyer. The City may terminate the relationship immediately after
the ninety days, or in the alternative, the City may pay three
(3) month's pay and terminate the relationship immediately upon
the giving of the notice.
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 a 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.
It is agreed that only the
provisions of Chapter 3.45 (annual leave) and Chapter 3.50
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CITY OF SEWARD, ALASKA
EMPLOYMENT AGREEMENT
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(holidays with pay) of the Seward City Code shall apply to this
agreement.
DATED this
uA day of
,
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CITY OF SEWARD, ALASKA
ATTEST:
(City Seal)
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, 1989.
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APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the city of Seward, Alaska
Fred B. Arvidson
City Attorney