HomeMy WebLinkAboutRes2021-028Sponsored by: City Clerk
CITY OF SEWARD, ALASKA
RESOLUTION 2021-028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AMENDMENT #2 TO THE EMPLOYMENT
AGREEMENT WITH THE CITY CLERK
WHEREAS, Brenda Ballou has been employed by the Seward City Council as the City
Clerk since October 10, 2017; and
WHEREAS, the City Clerk is an at will contract employee ofthe City Council, and as such,
does not participate in standard employee step increases or cost of living adjustments (COLA) as
outlined in the Seward City Code, unless approved via resolution as an amendment to the
employment agreement; and
WHEREAS, the employment agreement states the City Council agrees to review the City
Clerk's performance and contract annually, and may consider a salary increase or other
amendment(s) to the contract upon favorable review; and
' WHEREAS, on February 22, 2021, the City Council evaluated the city clerk and the results
were highly satisfactory; and
WHEREAS, this resolution will amend the employment agreement to increase the annual
salary to $87,250; and
WHEREAS, this resolution will amend the employment agreement to increase the leave
accrual rate to 303.33 hours per year; and
WHEREAS, the City Council has also assigned five goals to the city clerk for 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The Seward City Council hereby approves Amendment No. 2 to the city clerk's
employment agreement to change the annual base salary to $87,250 and the annual leave accrual rate
to 303.33 hours per year.
Section 2. The effective date of the salary increase and leave accrual rate shall be retroactive
to February 28, 2021.
' Section 3. Funding in the amount of $16,668 is hereby appropriated from General Fund
reserves account no. 01000-0000-3400 to the following accounts: $12,250 to salaryline item 01000-
1113-6000 and $4,418 to benefit account nos. 01000-1113-6XXX.
CITY OF SEWARD, ALASKA
RESOLUTION 2021-028
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8' day
of March, 2021.
THE CITY OF SEWARD, ALASKA
k2 -
t1disty Terri, Mayor
AYES:
Osenga, Seese, Baclaan, Casagranda, DeMoss, McClure, Terry
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
SEAL
OF
I
CI
Council Agenda Statement
Meeting Date: March 8, 2021
To: City Council
From: Brenda Ballou, City CIerk
Agenda Item: City Clerk Employment Agreement, Amendment #2
BACKGROUND & JUSTIFICATION:
Brenda Ballou has been employed by the city since January 19, 2011, and entered into a contract
with the City Council for city clerk services on October 10, 2017. The city clerk does not participate
in standard employee step increases or cost of living adjustments (COLA) as outlined in Seward City
Code, and any increase in pay must be by an amendment to the employment agreement via council
resolution.
The attached resolution reflects an increase to the City Clerk's salary, to $87,250 annually, reflecting
the outcome of a satisfactory evaluation by the Seward City Council, which took place on February
22, 2021. Council also approved the city clerk's annual leave accrual rate to be increased to 303.33
hours per year, in keeping with Ordinance 2021-002, recognizing that the city clerk has been with
the city for over ten years.
Note: The city clerk's evaluation in February, 2020 resulted in council recommending a 3% COLA
increase, but the resolution was removed from the agenda at tine request of the city clerk due to
concerns over COVID 19.
INTENT:
Amend the employment agreement for the city clerk.
FISCAL NOTE:
This resolution would increase annual salary & benefit expenditures in the General Fund by $16,668
to be appropriated from reserves. Annual personnel costs will be formulated into future budgets.
Approved by Finance Department: 4
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Council approve Resolution 2021-_...................... . for Amendment #2 of the City Clerk employment
agreement with Brenda Ballou.
Employment Agreement
Amendment #2
City Clerk
This agreement approved by the City Council of the City of Seward, effective October 10, 2017, and
amended (91) on October 22, 2018 and (#2) on March 8, 2021, is between the City of Seward, Alaska,
whose address is PO Box 167, Seward, Alaska 99664 ("City") and Brenda J. Ballou, whose address is PO
Box 35M 2102, Seward, AK 99664 (`Ballou" or "City Clerk"). The City agrees to employ Ballou as 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.
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. Travel by the City Clerk shall be in accordance with City Code 3.60.025. 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 at the rate of 303.33 hours per year. 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.
g. 3.60. Special Provisions.
43
Employment Agreement
Amendment #2
City Clerk
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 City Clerk position, it is agreed that the City's business
can only succeed if the City Clerk 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 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 City Clerk, 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 may require City Clerk to continue for a period not to exceed sixty (60)
days at her regular 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, and
the City's failure to make an election shall be deemed as election to terminate the
relationship sixty (60) 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,
and City Clerk shall be entitled to any annual leave balance to the date of termination.
(b) By the City Council for any reason or no stated reason upon giving written notice to
City Clerk. The City Council may, at its option, terminate the relationship immediately
and provide City Clerk with sixty(60) days' pay in lieu of notice, or, the City Council
may require City Clerk to continue service at her regular rate of pay for a period of
sixty (60) days. City Clerk shall be entitled to her annual leave balance at the date of
termination.
(c) If City Clerk retires from full-time public service with the City, City Clerk will provide
six (6) months' notice, and the actual retirement date will be mutually established.
9. The City shall defend, indemnify, and hold City Clerk harmless for claims against City Clerk
for acts or omissions resulting from her employment by the City and within the scope of the
duties as City Clerk pursuant to Chapter 2.35 of the Seward City Code.
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 Initial Evaluation at that time to re-evaluate the City
Clerk's goals and provide supportive direction Completed July, 2018. Following this Initial
Evaluation, the City Clerk's evaluation will fall in line with the regular schedule as outlined in
the City Council Rules of Procedure, Rule 16.
44
Employment Agreement
Amendment #2
City Clerk
11. City Clerk shall be paid at the rate of 9 $87,250 per 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. 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.
DATED this day of , 2021.
CITY OF SEWARD, ALASKA
Christy Terry, Mayor
Norm Regis, Acting City Manager
(City Seal)
Brenda J. Ballou, MMC
W