HomeMy WebLinkAboutRes1992-083
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-083
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT
AGREEMENT WITH CITY MANAGER DARRYL SCHAEFERMEYER
WHEREAS, Darryl Schaefermeyer is the duly appointed city manager of the city
of Seward; and
WHEREAS, Schaefermeyer's current employment agreement expires May 31,1992;
and
WHEREAS, the City Council wishes to amend the previously approved
employment agreement between the city and Schaefermeyer;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Employment Agreement between the city of Seward, and City
Manager Darryl Schaefermeyer, a copy of which is attached and incorporated herein by
reference, is hereby APPROVED, and the Mayor is authorized to execute said agreement
on behalf of the City Council.
Section 2. All previously approved resolutions or agreements in conflict herewith
are hereby rescinded.
Section 3. This resolution shall take effect immediately upon its adoption, and any
changes in salary or benefits shall be approved effective June 1, 1992.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
22nd day of June, 1992.
THE CITY OF SEWARD, ALASKA
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Donald W. Cripps ~
Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 92-083
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Crane, Cripps, Dunham, Swartz, White
Bencardino, Krasnansky
None
None
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the city of
Seward, Alaska
(City Seal)
7~ nI ~
Fred B. Arvidson
City Attorney
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EMPLOYMENT AGREEMENT
This Agreement, approved by the City Council of the City of Seward on
1992, and effective June 1, 1992, is between the City of Seward, Alaska ("City"), and Darryl Schaefermeyer
("Schaefermeyer"). The City agrees to employ Schaefermeyer as City Manager as that term is defined
in the City Charter and ordinances. This Agreement shall continue until terminated as provided below.
1. Schaefermeyer agrees to devote full time on behalf of the City and not to engage in any
other business.
2. Schaefermeyer shall be paid at the rate of $ 66,500.00 per year. The City Council agrees
to review Schaefermeyer's salary at least annually prior to adoption of the City's fiscal budget if
requested by Schaefermeyer.
3. The City shall provide Schaefermeyer with $200.00 per month as a vehicle allowance and,
in addition, Schaefermeyer may charge to the City $.28 per mile for use of personal vehicles on City
business.
4.
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.
5. Schaefermeyer shall accrue personal leave and holidays in accordance with Chapters 3.45
and 3.50 of the Seward City Code. Schaefermeyer shall be covered by the standard City insurance and
retirement plans.
6. Because of the peculiar nature of the City Manager position, in that it involves dealing
on behalf of the City in various fields and the involvement of the City Manager in many different
projects, it is agreed that the City's business can only succeed if the City Manager 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 Schaefermeyer to provide for termination by either the City or Schaefermeyer
without resort to any determination of cause or any necessary explanation by Schaefermeyer.
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CITY OF SEWARD, ALASKA
EMPLOYMENT AGREEMENT
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Accordingly, this Agreement may be terminated as follows:
(a) By Schaefermeyer for any reason or no stated reason upon giving ninety (90)
days' written notice to the City. Upon receipt of notice, the City may immediately sever the relationship
or require Schaefermeyer to continue for a period not to exceed ninety (90) days at his regular rate of pay
from the date of receipt of the notice. The City shall make the election promptly and within twenty-five
(25) days of the receipt of notice, and the City's failure to make an election shall be deemed an election
to sever the relationship within thirty (30) days from the date of receipt of the notice. If the relationship
is so severed immediately, the City shall not be responsible for any severance or termination pay.
Schaefermeyer shall be entitled to accrued vacation and/or sick leave.
(b) The City may terminate this agreement for any reason or no reason, upon ninety
(90) days' written notice to Schaefermeyer. The City may terminate the relationship immediately after
the ninety (90) days, or, in the alternative, the City may pay three (3) months' pay and terminate the
relationship immediately upon giving of the notice. Schaefermeyer shall be entitled to accrued vacation
and/or sick leave.
7. The City shall defend, indemnify and save Schaefermeyer harmless for negligent acts
or omissions of Schaefermeyer resulting from his employment by the City and within the scope of his
duties as City Manager.
8. 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.
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CITY OF SEWARD, ALASKA
EMPLOYMENT AGREEMENT
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This Agreement will be interpreted 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. It is agreed that only the
provisions of Chapter 3.45 (annual leave) and Chapter 3.50 (holidays with pay) of the Seward City Code
shall apply to this Agreement.
DATED this
day of
,1991.
CITY OF SEWARD, ALASKA
DONALD W. CRIPPS, MAYOR
DARRYL SCHAEFERMEYER
A TrEST:
APPROVED AS TO FORM:
PERKINS COlE, Attorneys for
the City of Seward, Alaska
LINDA S. MURPHY, CMC/AAE
City Clerk
FRED B. ARVIDSON
City Attorney
(City Seal)
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