HomeMy WebLinkAboutRes2022-036 City Clerk Contract Amendment 3 CITY OF SEWARD,ALASKA Sponsored by: City Clerk
RESOLUTION 2022-036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING AMENDMENT #3 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 of the 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 14,2022,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 $89,868,representing a 3%salary increase.
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. 3 to the city clerk's
employment agreement to change the annual base salary to$89,868,retroactive to January 1,2022.
Section 2. Funding in the amount of$2,618 is budgeted in line item 01000-1110-6000.
Section 3.This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1 4th
day of March, 2022.
CITY OF SEWARD, ALASKA
RESOLUTION 2022-036
' CIT OF /EWARD
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risty Terry ay rilleV.
AYES: Calhoon, Wells, Casagranda, DeMoss, McClure, Terry
NOES: None
ABSENT: Osenga
ABSTAIN: None
ATTEST:
Brenda J. Ballo , MMC
City Clerk
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City Council Agenda Statement
Meeting Date: March 14, 2022
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Resolution 2022-036: Approving Amendment #3 to the Employment
Agreement with the City Clerk
Background and 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 of 3% to the City Clerk's current salary of $87,250
annually as the outcome of the city clerk's annual evaluation by the Seward City Council,which took
place on February 14, 2022.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive
Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 2,618
This legislation (✓):
Creates revenue in the amount of: $
X Creates expenditure in amount of: $ 2,618
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
X Budgeted Line item(s): 01000-1110-6000
Not budgeted
Not applicable
Unassigned Fund Balance and Available Unrestricted Cash Balance Information
Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking Water F1 Healthcare
Motor Pool Other
Unassigned Fund Balance*: $ *unaudited numbers
Available Unrestricted Cash Balance*: $
Finance Signature: ;,I( N ViA`
Attorney Review,/ Administration Recommendation
RxYes x Adopt Resolution
Not applicable Other:
Employment Agreement
Amendment #3
City Clerk
This agreement approved by the City Council of the City of Seward, effective October 10,2017, amended
(91) on October 22, 2018 and(42) on March 8, 2021, and amended on March 14, 2022(U) 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 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 orany
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. 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.
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Employment Agreement
Amendment #3
City Clerk
h. 3.70. Standards Relating to Drugs and Alcohol.
1. 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 #3
City Clerk
11. City Clerk shall be paid at the rate of$8,250$89,868 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 agreementwill 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 ,2022.
CITY OF SEWARD, ALASKA
Christy Terry, Mayor Brenda J. Ballou, MMC
Janette Bower, City Manager (City Seal)
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