HomeMy WebLinkAboutRes2007-026
Sponsored by: Mayor and Council
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CITY OF SEWARD, ALASKA
RESOLUTION 2007-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH PHILLIP
OATES FOR CITY MANAGER SERVICES
WHEREAS, the Council advertised for two months, and conducted public meetings and
interviews to fill the position of City Manager; and
WHEREAS, the Council held a special meeting on March 6,2007; and
WHEREAS, after executive session, the Council voted unanimously to offer the position to
Phillip Oates dependent on successful contract negotiations and criminal background check; and
WHEREAS, Council appointed a committee ofthree to negotiate the terms of the contract;
and
WHEREAS, negotiations have been completed and Phillip Oates has accepted the City's
offer of employment beginning May I, 2007 for a monthly salary of $7,500.00.
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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 Phillip Oates, in the
form presented at this meeting, to provide city manager services to the City for a three-year period
beginning May 1, 2007, is hereby APPROVED.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th
day of March, 2007.
THE CITY OF SEWARD, ALASKA
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Vanta Shafer, May
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CITY OF SEWARD, ALASKA
RESOLUTION 2007-026
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AYES:
NOES:
ABSENT:
ABSTAIN:
Dunham, Valdatta, Schafer, Bardarson, Amberg, Shafer
None
Thomas
None
ATTEST:
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EMPLOYMENT AGREEMENT
City Manager Services for Phillip Oates
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This agreement approved by the City Council of the City of Seward, effective the 1 day
of May, 2007, is between the City of Seward, Alaska, whose address is P.O. Box 167,
Seward, Alaska 99664 (“City”) and Phillip Oates, whose address is PSC 1280, Box R,
APO AE 09880 (“Oates”). The City agrees to employ Oates as City Manager on an at-
will basis. This agreement shall continue for three (3) years until May 1, 2010 unless
sooner terminated as provided below.
1. Oates agrees to devote full time on behalf of the City and not engage in any
other business.
2. Oates shall be paid at the rate of $7,500.00 per month. The City Council
agrees to review Oates annually prior to adoption of the City’s fiscal budget. In the first
year after his six (6) month review, Oates shall be entitled to a three (3) percent increase
in base salary upon a favorable review by the Council members as entered on the
standard City Manager Evaluation Form.
3. Oates shall accrue annual leave and holidays in accordance with Chapters 3.45
and 3.50 of the Seward City Code. Oates shall be covered by the standard City health
insurance and retirement plans. He shall receive credit for annual leave accrued at the
rate of 13.5 hours per month.
4. A City vehicle is provided for Oates' use while traveling on City business.
Alternatively, for those periods Oates uses his personal vehicle while traveling on City
business, Oates shall be reimbursed by the City at the same rate as all other employees of
the City. Reimbursement is subject to standard City policy procedures and Code Section
3.60.025.
5. Oates shall receive $5,000.00 from the City for relocation and moving
expenses. Since he is required to relocate within the city limits, reasonable moving
expenses for that move will be allowed.
6. Because of the peculiar nature of the City Manager position, 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 Oates, to provide for
termination by either the City or Oates without resort to any determination of cause or
any necessary explanation by the City.
Accordingly, this agreement may be terminated as follows:
(a) By Oates for any reason or no stated reason upon giving sixty (60)
days written notice to the City. Upon receipt of notice, the City may immediately
terminate the relationship or require Oates to continue for a period not to exceed sixty
(60) 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 terminate the
relationship thirty (30) days from the date of receipt of the notice. If the relationship is so
terminated, the City shall not be responsible for any severance or termination pay. Oates
shall be entitled to his annual leave balance to the date of termination.
(b) By the City for any reason or no stated reason upon giving written
notice to Oates the City may at its option, terminate the relationship immediately. The
City shall pay Oates two (2) months severance pay for each year of service upon his
termination under this paragraph, up to a maximum of three (3) months severance pay,
prorated from the date of this agreement.
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 and enforced
in Alaska 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; provided that no
provisions of Title 3 of the Seward City Code shall apply except those provisions
expressly identifying the city manager and except for the following enumerated
provisions: 3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance and medical
benefits, 3.45 annual leave, 3.50 holidays, 3.60 special provisions, except as set forth in
Paragraph 5 above, 3.70 drug and alcohol policy, 3.75 sexual harassment policy, and 3.80
workers’ compensation.
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DATED this 27 day of March, 2007.
CITY OF SEWARD, ALASKA
_________________________________ _________________________________
Vanta Shafer, Mayor Phillip Oates
_______________________________
Jean Lewis, City Clerk
(City Seal)