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HomeMy WebLinkAboutRes1993-066 . . . Sponsored by: Crane CITY OF SEWARD, ALASKA RESOLUTION NO. 93-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH CITY MANAGER TYLER JONES WHEREAS, following the resignation of former City Manager Darryl Schaefer- meyer, the City Council hired Tyler Jones as Interim City Manager effective February 1, 1993; and WHEREAS, the City Council advertised for applications for the City Manager position in February 1993; and WHEREAS, after reviewing the applications received and interviewing three applicants, the Council has chosen to offer the City Manager position to Tyler Jones; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Tyler Jones is hereby appointed to the position of City Manager of the city of Seward, Alaska, effective June 1, 1993, in accordance with the employment agreement attached and incorporated herein by reference. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 24th day of May, 1993. THE CITY OF SEWARD, ALASKA ~J€-_ Ltg. C~ .) Dave . Crane, Mayor AYES: NOES: ABSENT: ABSTAIN: Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz & White None None None . . . EMPLOYMENT AGREEMENT This agreement approved by the City Council of the City of Seward on May 24, 1993, and effective June 1,1993, is between the City of Seward, Alaska ("City"), and Tyler Jones ("Jones"). The City agrees to employ Jones as City Manager as that term is defined in the City Charter and ordinances. This agreement shall continue until June 30, 1995, unless sooner terminated as provided below. 1. Jones agrees to devote full time on behalf of the City and not to engage in any other business. 2. Jones shall be paid at the rate of $82,000.00 per year. The City Council agrees to review Jones' salary at least annually prior to adoption of the City's fiscal budget if requested by Jones. 3. The City shall provide Jones with $200.00 per month as a vehicle allowance and, in addition, Jones may charge the City for use of personal vehicles on City business the rate per mile then allowed by the United States Internal Revenue Service for that purpose. 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. Jones shall accrue personal leave holidays in accordance with Chapters 3.45 and 3.50 of the Seward City Code. Jones shall be covered by the standard City insurance and retirement plans. 6. Not later than March 31 of each calendar year, commencing in 1994, the City Council shall prepare a written evaluation of Jones' performance as City Manager. 7. 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 position 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 Jones to provide for termination by either the City or Jones without resort to any determination of cause or any necessary explanation by Jones. Accordingly, this agreement may be terminated as follows: Employment Agreement AFF0326F Pog.' . . . (a) By Jones 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 terminate the relationship or require Jones 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 terminate the relationship thirty (30) 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 terrr.ination pay. Jones shall be entitled to accrued vacation and/or sick leave to the date of termination. (b) By the City for any reason or no stated reason upon giving written notice to Jones. The City may, at its option, terminate the relationship immediately, or continue Jones' employment for an additional period mutually agreed upon by the parties, but not exceeding ninety (90) days. In addition, Jones may resign his employment under this agreement upon receipt of a written request during a public meeting to do so by four or more City Council members. The City shall pay Jones three (3) months' severance pay upon his termination or resignation under this paragraph. 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 a writing signed by each of the parties. 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; provided that the provisions of Trtle 3 of the Seward City Code other than Chapter 3.45 (annual leave) and Chapter 3.50 (holidays with pay) shall not apply to this agreement. Employment Ag,""""" AFF032eF Page 2 . . . DATED this 24th day of May, 1993. ATTEST: Employment Ag-.nont AFF032BF TYoMhf:: r CITY OF SEWARD, ALASKA ,Q~ 10. C/VCL'YVL Dave W. Crane APPROVED AS TO FORM: Wohlfarth, Argetsinger, Johnson & Brecht City Attorneys ~f~ Thomas F. Klinkner Page 3 CITY OF SEWARD, ALASKA RESOLUTION NO. 93-066 . A TrEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska Q fA~~ j- ~~ \..v1.Linda S. Murphy, CMC/AAE \) - City Clerk ~JA~.~ City Attorney (City Seal) . .