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HomeMy WebLinkAboutRes2019-044 Sponsored by: City Clerk CITY OF SEWARD, ALASKA RESOLUTION 2019-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SEWARD AND SCOTT MESZAROS FOR CITY MANAGER SERVICES WHEREAS, the contract for the former Interim City Manager, Jeff Bridges, expired at midnight on March 17, 2019; and WHEREAS, the City Council approved Resolution 2019-029 on March 9, 2019 which appointed Harbormaster Norm Regis as Acting City Manager for one month through April 19,2019; and WHEREAS,the City Council approved Resolution 2019-037 on April 16, 2019 to extend Regis' appointment through May 20, 2019; and WHEREAS,two applicants,Scott Meszaros and Erin Reinders,were unanimously approved as the final candidates,and both applicants traveled to Seward for in-person interviews with council on March 28, 2019; and WHEREAS, on April 15,2019, Erin Reinders withdrew her application for consideration; and WHEREAS,on April 17,2019,council unanimously voted to offer the position as Seward City Manager to Scott Meszaros, and on April 18, 2019 concluded successful negotiations. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes the Mayor and the Acting City Manager to sign the contract between the City of Seward and Scott Meszaros in substantial form attached hereto. Section 2. The official date of hire for Scott Meszaros is May 1, 2019. Section 3. Funding for this contract shall come from the City Manager budget for personnel services. Section 4. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2019-044 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of April, 2019. THE CITY OF SEWARD, ALASKA David Squires, Ma r AYES: Seese, Towsley, McClure, Lane, Osenga, Squires NOES: None ABSENT: Horn ABSTAIN: None ATTEST: /G • j renda J. Bal $u, MMC City Clerk (City Seal) ssssSe7!ltpda 11$' ),� •°.ems • • SEAL ° •• % • • 1a �Cis•4"Y4 of• �Al �e ''"�h COUNCIL AGENDA STATEMENT Meeting Date: April 24,2019 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Approval of employment agreement with Scott Meszaros for the position of City Manager BACKGROUND &JUSTIFICATION: Prior to the departure of former Interim City Manager Jeff Bridges on March 17, 2019, city council approved Resolution 2019-001 to hire the recruiting firm GovHR USA to search for a new permanent city manager. Because the process could not be completed before Bridges' contract ended, there was the need for the city to have an Acting City Manager appointed. On March 4, 2019, council unanimously selected Harbormaster Norm Regis to serve as Acting City Manager. Resolution 2019-029 appointed Harbormaster Norm Regis as Acting City Manager for the period of March 18, 2019 through April 19, 2019, and Resolution 2019-037 extended the appointment through May 20, 2019. The City Council has been diligently working on finding a suitable city manager, and coming to terms with the negotiation of a contract. On April 17, 2019, council unanimously voted to select Scott Meszaros as the city's city manager. On April 18, 2019, the council's negotiating committee concluded a successful negotiation with Meszaros, and determined that his start date would be May 1,2019. INTENT: Approve the employment agreement for the permanent city manager hire of Scott Meszaros. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): x Strategic Plan (document source here) x Other Oist): x 6 FISCAL NOTE:The costs related to the increase in salary and benefits for the city manager position is expected to be offset by a reduction in the costs related to the assistant city manager position due to the retirement of the former assistant city manager with longer tenure. Therefore, no further appropriation is necessary Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable The city attorney drafted the employment agreement. RECOMMENDATION: Approve Resolution 2019-044 CITY MANAGER EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement), effective as of May 1, 2019, ("Effective Date"), is between the City of Seward, Alaska ("City") and Scott Meszaros ("Manager" or"Meszaros"). RECITALS WHEREAS, the City wishes to employ Scott Meszaros as City Manager and Scott Meszaros has agreed to serve the City in the capacity of City Manager as provided for in this Agreement, NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth in this Agreement, the City and Manager agree as follows: Section 1. Duties of Manager. A. Scope of Duties. Manager shall be employed by City as, and hold the title of, "City Manager" of the City. Manager shall serve at the pleasure of, and report directly to, the Seward City Council ("Council"). Manager shall perform all duties and discharge all responsibilities of that position as prescribed by law, including but not limited to Seward City Code 2.20.035. City Manager shall be aware of any changes in the laws governing his duties and obligations under law and comply with those changes. Manager shall maintain residency in the City during the entire term of this Agreement. B. Confidentiality . Manager recognizes that the he will receive and have access to information of a confidential nature. Manager agrees any confidential information obtained as a result of the City Manager position will be maintained as confidential to the extent authorized by law. The City may terminate this agreement without notice and hold Manager accountable to the greatest extent permitted by law if he violates this provision. In order to find a violation of this provision, Manager's breach of confidentiality must be evident in a document, at a public event or conceded by Manager. Section 2. Compensation and Benefits of Manaaer. A. S�ala . Manager shall receive an annualized salary of ONE HUNDRED FORTY THOUSAND DOLLARS ($140,000,00) during the term of this Agreement, payable in regular installments at the time other City employees are paid, or as otherwise agreed upon between the parties in writing. Manager is not eligible for any increases in compensation or bonus payments during the term of this Agreement. All compensation paid to Manager shall be subject to required employment deductions, taxes, and contributions. B. Exempt Status, Manager acknowledges that the position of Manager is exempt from the overtime requirements of state and federal wage and hour laws and as CITY MANAGER AGREEMENT 507496\10OW0908572 8 such, Manager is expected to work the hours necessary to accomplish the goals and requirements of the position. C. Retirement Benefits. Manager shall be enrolled in the Alaska Public Employees Retirement System (PERS) during the term of this Agreement, so long as the City participates in the System. D. Health and Welfare Benefits. Manager shall receive group medical and dental insurance coverage as provided to the employees of City, including coverage for family members, subject to the requirements of the applicable plan. E. Paid Leave. Manager shall receive an annual allotment of one hundred sixty (160) hours of accrued paid leave for use for personal absences, vacation, and sick leave. Notwithstanding the leave accrual provided for under this section, Manager shall additionally receive a one-time allotment of twenty-four (24) hours of leave to be exclusively used during the month of May 2019, and forty (40) hours of leave to be utilized for purposes of relocating to Seward, Alaska; such leave shall not otherwise be banked. Manager shall keep the Council generally apprised of planned absences; leave exceeding five (5) consecutive days in duration must be approved by the Council. Upon employment separation, including expiration of this Agreement, Manager shall receive payment for all accrued, unused leave, in accordance with City policy and practices, so long as Manager is in compliance with this Agreement. Any payment of accrued unused paid leave shall be subject to all deductions, taxes and contributions required by law. F. Travel Professional Development Expenses. Manager shall receive reimbursement from City for reasonable lodging and meal expenses while travelling out-of-town for meetings or professional development in the interests of the City, specifically to include two AML Conferences, and any other events as may be approved by Council. City shall pay for professional dues for ICMA membership, and other subscriptions or dues for participation in national, regional, state, and local associations and organizations for the Manager's continued professional growth and advancement, as may be approved by the Council. G. Relocation Expenses. Manager shall be entitled to a relocation cost reimbursement advancement of FIVE THOUSAND DOLLARS ($5,000.00), upon execution of this agreement. Manager may be reimbursed for additional moving expenses, up to a maximum of FIVE THOUSAND DOLLARS ($5,000.00) upon presentation of satisfactory documentation of such expenses, consistent with IRS rules regarding allowable expenses. Any questions or disputes regarding the sufficiency or validity of documentation under this section shall require Council approval of reimbursement. A receipt from a licensed moving company or vehicle rental company shall constitute satisfactory documentation and is not subject to dispute. Secflon 3. Term And Termination. A. Term. The term of Manager's employment under this Agreement shall begin on the Effective Date and end three years after the Effective Date, unless extended in writing or terminated as provided in this Agreement. The City and Manager CITY MANAGER AGREEMENT PAGE 2 50748WMVM03572 9 shall advise the other party of their intent to seek negotiation of a renewal or extension of this Agreement, no later than sixty (60) days before the expiration of this Agreement. B. Termination. Manager's employment under this Agreement is terminable at will and at any time by City, without any notice of any kind whatsoever, with or without cause, it being expressly and explicitly understood and agreed by Manager that he holds the position of City Manager and serves as City Manager at the will of the Council. Manager acknowledges that any action by the Council in connection with terminating Manager's employment under this Agreement is not subject to any administrative or grievance procedure, and Manager hereby waives the benefit of any right to notice, pre- or post- termination hearing or any other procedure that may now or hereafter apply to any such action by the Council or be available to other City employees, Upon termination from employment, Manager shall be paid his monthly salary prorated down to his final work day, including payment of unused accrued leave, and no further compensation. C. Resignation. Manager may resign his position upon thirty (30) days written notice to City Council. Should Manager resign under this Agreement, he shall be entitled to no additional compensation under this Agreement beyond the effective date of his separation, other than accrued but unused paid time off in accordance with the terms of this Agreement. At its option, the City may release Manager from his obligation to continue to working through the notice period upon payment of salary through the effective resignation date; however, on no account shall Manager receive compensation in lieu of service for a period longer than thirty (30) days regardless of the length of notice provided by Manager. In the event Manager resigns prior to the expiration of this Agreement, Manager shall be obligated to reimburse City for all moving expenses and costs advanced or reimbursed by the City. The City, in its sole discretion, may waive this obligation, in writing, in the event circumstances warrant. Section 4. tither Em to meat. It is recognized that Manager must devote a great deal of time outside normal office hours to business of the City, including but not limited to attendance at regular and special City Council meetings. Normal work hours in a regular workweek hereunder shall be construed to mean Monday through Friday, an 8-hour period between 7:00 a.m. and 6:00 p.m. Manager shall not take nor undertake employment with any other person, entity or business, without prior approval of the City Council. Section 5. Indemnification by City. The City shall indemnify, hold harmless and defend Manager against all claims and liability which may result from any claim, action or suit by person based upon alleged injury to or death of a person or alleged loss of or damage to property that may occur or that may be alleged to have been caused by Manager in the course of performance of his official duties during the duration of his employment with City under this Agreement, provided, however, that City shall not be obliged to indemnify, hold harmless or defend Manager against any such claim that was caused by Manager while CITY MANAGER AGREEMENT PAGE 3 507486\1006\00808572 10 acting outside the course of performing his official duties, or from any false, deceptive, dishonest or criminal act or omission under the laws and regulations oft United States of America, the State of Alaska and/or any political subdivision thereof. The City shall not be responsible for the defense costs or indemnification of any legal counsel or costs or fees under this section unless Council approves reimbursement or payment of those costs and fees in writing and before such costs and fees are incurred. Section 6. General Provisions. A. No Conflict of Interest. During the term of this Agreement, Manager will note ter into any activity, employment or business arrangement is conflicts with the best interests of the City, or otherwise interferes with performance of his duties under this Agreement, as may be determined in the sole discretion of Council. Manager shall comply with Seward City Code 2.01.020(a) and Alaska Statute 39.50. Manager shall advise Council of any activity, employment or business arrangement he is contemplating entering is might conflict or give the appearance of conflicting with the City's interests; failure to do so may subject Manager to termination. B. Choice of Law and Venue. Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the City of Seward, Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District. C. EEEn�fi�reree ent. This Agreement supersedes all prior oral or written agreements, if any, between Manager and City, and constitutes the entire agreement between Manager and City and approved by the Council. D. Modification or Amendment. This Agreement shall not be supplemented, modified or amended, except by a written agreement signed by Manager and approved by Council. E. Seve.r a..o.i.I.J.1y. If any provision of this Agreement shall be declared invalid .................................... ............ _ or unenforceable, the remainder of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF the City has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk. Scott Meszaros has signed and executed this Agreement for and on behalf of himself, both in duplicate, as of the day and year first above written. CITY OF SE WARD CITY MANAGER 4A .............................. ............. David Squires, Mayor Scott Msz 4z CITY MANAGER AGREEMENT PAGE 4 ,sO-M 90 r 00000808 S 72 CITY OF SEWARD ATTEST: Norm Regis, Acting City Manager Brenda Ballou, City Clerk City Clerk CITY MANAGER AGREEMENT PAGE 5 507486\1006\00808572 12