HomeMy WebLinkAbout04012021 City Council Special Meeting PacketSeward City Council
Agenda Packet
Special City Council Meeting
Thursday, April 1, 2021
Council Chambers, City Hall
12: 00 p.m.
CITIZEN COMMENTS AT APRIL 1, 2021
SEWARD CITY COUNCIL SPECIAL MEETING
The Seward City Council will hold a Virtual SPECIAL Meeting on Thursday, April 1, 2021. Because
the City of Seward is currently experiencing a declared public health emergency due to Coronavirus
Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing
Testimony has been created.
How To Submit Your CITIZEN COMMENTS
1. Email your WRITTEN comments to clerk2cityofseward.net no later than 11:00 a.m. on Thursday,
April 1, 2021.
• Identify whether you want your comments READ ALOUD at the meeting or EMAILED to
council upon receipt. In response to your email, you should expect to receive a verification email
from the clerk confirming the method of delivery — if you do not receive this email, please call
the clerk at 224-4045.
• Comments requested to be read aloud will be delivered verbally to council by the City Clerk at
the appropriate time during the meeting.
2. If you wish to be called on the telephone during the meeting to provide your comments
TELEPHONICALLY, send an email request to the City Clerk along with your contact information
to clerkgcityofseward.net, including your full name and the telephone number you wish to have
called.
• The clerk must receive your request no later than 11:00 a.m. on Thursday, April 1, 2021.
• Identify whether you wish to be called during the FIRST or SECOND citizen comment period,
or both.
• If you wish to be contacted for the first Citizen Comment period, please be prepared to answer
your phone starting at 12:00 p.m.
• If you wish to be contacted for the second Citizen Comment period, there is no estimate of time
to expect the call. In response to your email, you should expect to receive a verification email
from the clerk — if you do not receive this email, please call the clerk at 224-4045.
• All Citizen Comments will be timed and limited to three minutes (first period) or five minutes
(second period). The telephone number will be called ONE time; if there is no answer, the clerk
will move on to the next citizen.
How To Virtually ATTEND The Meeting
1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City
of Seward Alaska" into the search bar.
2. Listen on the radio. Tune to KIBH-FM 91.7
3. Watch on television. Tune into GCI Cable Channel 9.
Attending via ZOOM
Zoom App or www.zoom.us
Or Telephone: US: +1 408 638 0968 or 833 548 0282 (Toll Free)
Webinar ID: 996 5267 9244
Passcode: 385942
SPECIAL MEETING REQUEST
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice
calling a Special City Council Meeting on Thursday, April 1, 2021 at 12:00 p.m.
for the purpose of:
Resolution 2021-037, Approving An Employment Agreement
Between The City Of Seward And Janette Bower For City
Manager Services.
The meeting will commence in the City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend the meetings.
Signed this 24t1 day of March, 2021.
City Manager
2 Council Members
Upon this request the City Clerk will give due and proper notice as required by SCC
2.10.032
(No business shall be transacted other than stated above.)
SPECIAL MEETING NOTICE
Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice
calling a Special City Council Meeting on Thursday, April 1, 2021 at 12:00 p.m.
for the purpose of:
Resolution 2021-037, Approving An Employment Agreement
Between The City Of Seward And Janette Bower For City
Manager Services.
The meeting will commence in the City Council Chambers, City Hall, 410 Adams
Street, Seward. All interested persons are invited to attend the meetings.
Posted: Wednesday, March 24, 2021
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Seward Community Library Museum
The City of Seward, Alaska
Special City Council Meeting
Thursday, April 1, 2021 12:00 p.m.
Christy Terry
Mayor
Term Expires 2022
Tony Baclaan
Vice Mayor
Term Expires 2022
Sue McClure
Council Member
Term Expires 2023
Sharyl Seese
Council Member
Term Expires 2021
John Osenga
Council Member
Term Expires 2021
Liz DeMoss
Council Member
Term Expires 2023
Ristine Casagranda
Council Member
Term Expires 2022
Norm Regis
Acting City Manager
Brenda Ballou
City Clerk
Brooks Chandler
City Attorney
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT
THOSE ITEMS SCHEDULED FOR PUBLIC HEARING
[Those who have signed in will be given the first opportunity to speak. Time
is limited to 3 minutes per speaker and 36 minutes total speaking time for this
agenda item.]
5. APPROVAL OF AGENDA AND CONSENT AGENDA
[Approval of Consent Agenda passes all routine items indicated by asterisk
(*). Consent Agenda items are not considered separately unless a council
member so requests. In the event of such a request, the item is returned to
the Regular Agenda]
6. NEW BUSINESS
A. Resolutions
*1. Resolution 2021-037, Approving An Employment
Agreement Between The City Of Seward And Janette
Bower For City Manager Services.
7. CITIZEN COMMENTS [There is no sign in for this commentperiod.
Time is limited to five (5) minutes per speaker.]
8. COUNCIL AND ADMINISTRATION COMMENTS &
RESPONSE TO CITIZEN COMMENTS
9. ADJOURNMENT
City of Seward, Alaska Council Agenda
April 1, 2021 Page I
Sponsored by: City Cleric
CITY OF SEWARD, ALASKA
RESOLUTION 2021-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AN EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF SEWARD AND JANETTE BOWER FOR CITY MANAGER
SERVICES
WHEREAS, the contract with former city manager Scott Meszaros terminated on October
26, 2020; and
WHEREAS, on November 9, 2020, council approved Resolution 2020-091 which appointed
Harbormaster Norm Regis as Acting City Manager through December 15, 2020 while the search
began for a new city manager with GovHR; and
WHEREAS, on December 14, 2020, council approved Resolution 2020-097 to extend
Regis' appointment through March 15, 2021 to cover the recruitment period; and
WHEREAS, on March 8, 2021, council approved Resolution 2021-027 to extend Regis'
appointment through June 16, 2021 to cover the period of finalizing and approving the new city
manager contract, and allowing time for relocation; and
WHEREAS, on March 22, 2021, council unanimously consented to hiring Janette Bower as
the new city manager; and
WHEREAS, on March 23, 2021, the council negotiating team comprised of Council
Members McClure, Casagranda, and Osenga successfully came to terms with Janette Bower and the
employment agreement is attached herein; and
WHEREAS, Seward's new city manager, Janette Bower, will start full-time and in person on
May 24, 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 the contract between the City of
Seward and Janette Bower in substantial form as attached hereto.
Section 2. The official date of hire for Janette Bower is May 24, 2021.
Section 3. Funding for this contract shall come from the City Manager budget for personnel
services.
CITY OF SEWARD, ALASKA
RESOLUTION 2021-037
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 1st day
of April, 2021.
THE CITY OF SEWARD, ALASKA
Christy Terry, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Brenda J. Ballou, MMC
City Clerk
(City Seal)
m4i;a
COUNCIL AGENDA STATEMENT
Meeting Date: April 1, 2021
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Approval of employment agreement with Janette Bower for the position of
City Manager
The City Council has been diligently working on finding a suitable city manager following the
termination of the contract with former city manager Scott Meszaros on October 26, 2020. The
city had contracted with GovHR to recruit Meszaros, and there was a provision in the contract for
GovHR to perform a second recruitment; council opted to exercise that provision and returned to
GovHR for the recruitment of a new city manager.
The recruitment was launched on December 1, 2020 and closed on January 4, 2021.On February
4, 2021, council received an initial review of the top sevenapplicants, as determined by GovHR.
Council scored those candidates and unanimously decided to move to the next step with three
candidates: Robert Van Volkenburgh, Janette Bower,and Scott McClure. On February 11, 2021,
council conducted live interviews with each candidate(via Zoom).
On February 22, 2021, council voted to bring all three candidates to Seward for in -person second
interviews followed by a public meet & greet. On February 23, 2021, Robert Van Voikenburgh
withdrew his application. Travel arrangements were then made for the remaining two candidates,
but before final arrangements could be settled, Scott McClure informed the city that he had
accepted a position elsewhere and was withdrawing his application from Seward.
At the March 8, 2021 council meeting, it was decided unanimously to move forward with
scheduling a special meeting and public meet & greet for the remaining candidate, Janette Bower.
The meeting and meet & greet were conducted on March 17, 2021. Finally, on March 22, 2021,
council deliberated on the results of the second interview, as well as the feedback received from
the public who attended the meet & greet, and unanimously decided to extend an offer of
employment to Janette Bower to be Seward's next city manager. A negotiating committee of three
council members (McClure, Casagranda, and Osenga) was appointed, and the team successfully
completed negotiations with Janette Bower on March 23, 2021.
INTENT:
Approve the employment agreement for the permanent city manager hire of Janette Bower, to start
full-time and in -person on May 24, 2021.
CONSISTENCY CHECKLIST:
Yes
No
N/A
Comprehensive Plan (document source here):
X
Strategic Plan (document source here)
X
Other (list):
X
FISCAL NOTE:
Funding for this contract is included in the personnel costs of the City Manager department
account nos. 0 1000- 1 120-6xxx. The $5,000 relocation expense will come from the Travel &
Subsistence line item account no. 0 1000- 1120-73 02. No additional appropriation necessary.
Approved by Finance Department:.
ATTORNEY REVIEW: Yes No Not Applicable
The city attorney drafted the employment agreement.
RECOMMENDATION:
Approve Resolution 2021-037
CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement"), effective as of May 24, 2021,
("Effective Date"), is between the City of Seward, Alaska ("City") and Janette Bower
("Manager").
RECITALS
WHEREAS, the City wishes to employ Janette Bower as City Manager and Janette
Bower 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
her 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 she 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 she 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 Manager.
A. Salary. 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. 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
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 accrue leave of 13 1/3 hours per month (160
hours per year) 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 one hundred twenty (120) hours of leave effective at the
commencement of the term of this agreement. Leave continues to accrue when Manager
is on paid leave. 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, Meetings, and 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 the AML annual conference, 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 shall provide 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.
H. Use of City Vehicle. City shall provide Manager with a motor vehicle for
both business and de minimus personal use in accordance with City policy on employee
use of city vehicles.
I. Holidays. Manager will receive compensation for holidays recognized in
SCC 3.50.010 as set forth in SCC Chapter 3.50.
Section 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 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.
1. Manager's employment under this Agreement is terminable "at will" it being
expressly and explicitly understood and agreed by Manager that she holds the position
of City Manager and serves as City Manager at the will of the Council. The City may
terminate this Agreement for any reason of for no reason following the affirmative vote of
at least four members of Council at a properly posted and duly authorized public meeting.
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 prior 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 pursuant to this paragraph, City shall be responsible for payment of three
months' severance pay inclusive of health insurance COBRA premiums in addition to the
balance of the Manager's accrued paid leave as of the date of termination. Accrued paid
leave shall be paid as a lump sum.
2. In addition to termination for any reason or no reason, the City may terminate
Manager for "just cause" based upon the performance and professional conduct of
Manager. Should City intend to terminate Manager for "just cause", Manager shall be
given written notice of the reasons for the termination and an opportunity to respond in
person before the Council in either open or executive session at Manager's sole option
prior to the effective date of the termination of employment. If the City terminates Manager
for "just cause", separation pay will include only accrued leave and wages earned to the
date of termination, no severance will be paid.
3. Prior to any termination by the City, whether with or without "just cause" the
Council or a representative thereof shall consult with the City Attorney.
C. Resignation. Manager may resign her position upon sixty (60) days written
notice to City Council. Should Manager resign under this Agreement, she shall be entitled
to no additional compensation under this Agreement beyond the effective date of her
separation, other than accrued but unused paid leave in accordance with the terms of this
Agreement. At its option, the City may release Manager from her obligation to continue
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 sixty (60) days regardless of the length of notice provided
by Manager. In the event Manager resigns prior to May 24, 2022, Manager shall be
obligated to reimburse City for all moving expenses and costs advanced or reimbursed
4G4g45Ky.
by the City. The City, in its sole discretion, may waive this obligation, in writing, in the
event circumstances warrant.
Section 4. Other Emr)lovment.
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
her official duties during the duration of her 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 acting outside the
course of performing her official duties, or from any false, deceptive, dishonest or criminal
act or omission under the laws and regulations of the 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. Performance Evaluation.
Manager shall be evaluated by Council upon completion of six months of
employment. Thereafter Manager shall be evaluated annually on or near her
anniversary date. The procedure for evaluation of the Manager shall be as established
by City Council Resolution.
Section 7. General Provisions.
A. No Conflict of Interest. During the term of this Agreement, Manager will not
enter into any activity, employment or business arrangement which conflicts with the best
interests of the City, or otherwise interferes with performance of her 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). Manager shall advise Council of any activity,
employment or business arrangement she is contemplating entering which 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. Entire Agreement. 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. Severability. If any provision of this Agreement shall be declared invalid or
unenforceable, the remainder of this Agreement shall continue in full force and effect.
F. Title 3 Provisions. Sections 3.45.065 (military leave), 3.45.070 (jury duty
leave), 3.45.075(d) (FMLA leave), 3.45.075(e) (fitness for duty certification), 3.60.010
(gifts and gratuities), 3.60.020 (employment of family members), 3.60.025 (travel
expenses), and Chapters 3.70 (standards relating to drugs and alcohol), 3.75 (standards
relating to employee conduct) and 3.80 (workers' compensation) of Title 3 of the Seward
City Code apply to this Agreement. No other provision of Title 3 shall apply.
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. Janette Bower has
signed and executed this Agreement for and on behalf of herself, both in duplicate, as of
the day and year first above written.
CITY OF SEWARD CITY MANAGER
Christy Terry, Mayor
CITY OF SEWARD
HIPMATAT, AP,
ATTEST:
Norm Regis, Acting City Manager Brenda Ballou, City Clerk
[City Seal]
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