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Home My WebLink About10262017 City Council Special Meeting Packet Seward City Council Agenda Packet Special City Council Meeting Thursday, October 26, 2017 Council Chambers, City Hall12:00p.m. The City of Seward, Alaska Special City Council Meeting October 26, 201712:00p.m.Council Chambers David Squires 1.Call To Order Mayor 2.Pledge Of Allegiance Term Expires 2019 3.Roll Call 4.Citizen Comments On Any Subject Except Those Items Marianna Keil Scheduled For Public Hearing. \[Those Who Have Signed In Will Vice Mayor Be Given The First Opportunity To Total Time For This Agenda Item.\] Term Expires 2018 5.Approval Of Agenda And Consent Agenda \[Approval of Consent Agenda passes all routine items indicated by asterisk (*). Ristine Casagranda Consent Agenda items are not considered separately unless a council Council Member member so requests. In the event of such a request, the item is Term Expires 2018 returned to the Regular Agenda.\] Sue McClure 6.Executive Session Council Member Term Expires 2019 A.Go into executive sessionto discuss contract negotiations for the City Clerk position. Erik Slater Council Member 7.Council Comments Term Expires 2018 8.Citizen Comments Suzi Towsley Council Member 9.Council And Administration Response To Citizen Comments Term Expires 2019 10.Adjournment Jeremy Horn Council Member Term Expires 2019 James Hunt City Manager Brenda Ballou Acting City Clerk Will Earnhart City Attorney City of Seward, Alaska Council Agenda October 26,2017Page 1 SPECIAL MEETING NOTICE Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling aSpecialCityCouncil Meeting on Thursday,October 26, 2017at 12:00 p.m. for the purpose of: Go into executive session to discuss contract negotiations for the City Clerk position. T he meeting will commence in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meetings. Posted: Tuesday, October 24, 2017 City Hall bulletin board U.S. Post Office Harbormaster's Building REMOVE on10//2017 Employment Agreement City Clerk This agreement approved by the City Council of the City of Seward, effective October 10, 2017,is between the City of Seward, Alaska, whose address is PO Box 167,Seward, Alaska 99664 (“City”) and Brenda J. Ballou,whoseaddress is PO Box 3551, Seward, AK99664(“Ballou” or “City Clerk”).The City agreesto employ Ballouas City Clerk. This agreement shall continue indefinitely under the following terms: 1.The City acknowledges that City Clerk is committed to the ideals of the International Institute of Municipal Clerks (“IIMC”), and both parties mutually desire that City Clerk be subject to and comply with the IIMC Code of Ethics. The City agrees that no member of City Council or any employee of the City may give any order, direction, or make any request that would require the City Clerk to violate the IIMC Code of Ethics. (Attached) 2.City Clerk agrees to devote full-time on behalf of the City,and may continue to engage in her private business so long as it does not interfere with the City Clerk’s duties. 3.Professional growth and continuing education, and obtaining and maintaining clerk certifications through training and education, is allowed and encouraged for City Clerk and the staff of the clerk’s office. 4.City Clerk is encouraged to participate in community and civic affairs. 5.If no city vehicle is available, the City Clerk shall be reimbursed by the City for use of her personal vehicle while traveling on City business at the same rate as designated in City Code 3.60.025 (with the exception of having to obtain approval from the City Manager prior to travel). 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. 6.City Clerk shall accrue annual leave and holidays in accordance with Chapter 3.45 and 3.50 of the Seward City Code. City Clerk shall receive credit for annual leave accrued at the rate of 10 hours per pay period. City Clerk shall be covered by the standard City health insurance and retirement plans. 7.The provisions of Title 3 of the Seward City Code shall not apply to this agreement with the following exceptions: a.3.15.085. Longevity Bonus. b.3.15.090. Retirement. c.3.15.095. Insurance and medical benefits. d.3.35. Employee Development. City Clerk will have collateral responsibility for employee development within the City Clerk Department. e.3.45. Annual Leave. The City Council will administer Annual Leave policy for the City Clerk. This includes FMLA (3.45.095) and bereavement leave (3.45.040 f). f.3.50. Holidays. Employment Agreement City Clerk g.3.60. Special Provisions. h.3.70. Standards Relating to Drugs and Alcohol. i.3.75. Standards Relating to Employee Conduct. j.3.80. Worker’s Compensation. 8.Because of the peculiar nature of the CityClerkposition, it is agreed that the City’sbusiness can only succeed if the City Clerkand 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 factorsas opposed to legal or contractual factors.It is therefore the intent of both the City and City Clerk,to provide for termination by either the City or City Clerk without resort to any determination of cause or any necessary explanation by the City. Accordingly, this agreement may be terminated as follows: (a)By Ballou,for any reason or no stated reason,upon givingsixty (60) days written notice to the City.Upon receipt of notice, the City may immediately terminate the relationship,ormayrequire City Clerk to continue for a period not to exceed sixty (60) daysat herregular rate of pay from the date of receipt of the notice.The City shall make the election promptly and within fourteen(14) days of the receipt of notice, andthe City’sfailure to make an election shall be deemed as election to terminate the relationship sixty(60) days from the date of receipt ofthe notice.If the relationshipisso terminated, the City shall not be responsible for anyseverance or termination pay,and City Clerk shall be entitled to anyannual leave balance to the date of termination. (b)By the City Council for any reason or no stated reason upon giving written notice to Ballou. The City Council may, at its option, terminate the relationship immediately and provide Ballou with sixty (60) days pay in lieu of notice, or, the City Council mayrequire Ballou to continue service at her regular rate of pay for a period of sixty (60) days. Ballou shall be entitled to her annual leave balance at the date of termination. (c)If Ballou retires from full-time public service with the City, City Clerk willprovide six (6) months’ notice, and the actual retirement date will be mutually established. 9.The City shall defend, indemnify,and holdCity Clerkharmless for negligent acts or omissions of City Clerk resulting from her employment by the City and withinthe scope of theduties as City Clerk. 10.The City Council shall provide the City Clerk with a probationary period of nine (9) months from the date of hire, and shall conduct an InitialEvaluation at that time to re-evaluate the City Clerk’s goals and provide supportive direction. Following this InitialEvaluation, the City Clerk’s evaluation will fall in line with the regular schedule as outlined in the City Council Rules of Procedure, Rule 16. Employment Agreement City Clerk 11.City Clerk shall be paid at the rate of $65,000per year. The City Council agrees to review City Clerk’s performance and contract annually and may consider a salary increase or other amendment(s) to this contract upon favorable review. 12.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 Alaskain accordance with the laws of the State of Alaska and is subjectto all applicable Charter and ordinanceprovisions of theCity of Seward. DATED this _______ day of _____________, 2017. CITY OF SEWARD, ALASKA __________________________________________________________ David Squires, Mayor Brenda J. Ballou ___________________________ James Hunt, City Manager (City Seal) Employment Agreement City Clerk