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HomeMy WebLinkAboutRes1997-144 . I r r , Sponsored by: Mayor and Council CITY OF SEWARD, ALASKA RESOLUTION NO. 97-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN EMPLOYMENT AGREEMENT WITH PATRICK REILLY FOR CITY CLERK SERVICES WHEREAS, the Council advertised for the position of City Clerk following the resignation offormer City Clerk Linda Murphy on May 30, 1997; and WHEREAS, the Council reviewed the applications and held public interviews with the four final candidates for city clerk; and WHEREAS, the Council selected a candidate for city clerk but the negotiations were not successful and the candidate declined the position; and WHEREAS, the Council selected Patrick Reilly to serve as the Seward city clerk; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Mayor is hereby authorized to execute the employment agreement, attached and incorporated herein by reference, between the City Council and Patrick Reilly for the position of city clerk 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 25 day of August, 1997, THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Blatchford, Clark, Keil Crane, King None None r OF SEWARD, ALASKA ~OLUTIONNO, 97-144 ATTEST: Y~c' Lo.. ~~- Patricia l Jones, CMC Acting City Clerk ..\,\1 U II'", . .......\~ Of SE'~""'- (City Seal): ~, ,.....'.., \4.... .., ." c}"... O/t;.'.!.;r'I'.A ~ .. --,,:~..v -.,. : : \ ~ '. : - \ ~ i.f SEAL ~.I ..\ --- == 'S.~\~ ~/.-I '"lI~ ..ti':... ~ ~X:'",\J,.:.~~., ~ .. Oil ",.~~\....~ ""....,"'~ . I r r ( EMPLOYMENT AGREEMENT This agreement approved by the City Council of the City of Seward, effective the 26th day of August, 1997 between the City of Seward, Alaska ("City"), and Patrick Reilly ("Reilly"). The City agrees to employ Reilly as City Clerk. This agreement shall continue indefinitely unless terminated as provided below. 1. Reilly agrees to devote full time on behalf of the City and not to engage in any other business without prior approval by the City Council. 2. Reilly shall be paid at the rate of $49,000 per year. The City Council agrees to review Reilly's salary annually prior to adoption of the City's fiscal budget. 3. The City Council shall review Reilly's performance on or before March 15 and September 15 each year as outlined in the City Council Rules of Procedure. 4, Reilly shall be reimbursed by the City for use of his personal vehicle while traveling on City business at the same rate as all other employees of the City. Reimburse- ment 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. 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 Council and Reilly to provide for termination by either the City Councilor Reilly without resort to any determination of cause or any necessary explanation to either party. Accordingly, this agreement may be terminated as follows: (a) By Reilly for any reason or no stated reason upon giving sixty (60) days written notice to the City Council. Within fourteen (14) days of the receipt of notice, the City Council shall make the election to terminate the relationship immediately, or continue Reilly's service at his regular rate of pay for sixty (60) days from the date of receipt of the notice. The City Council's failure to make an election shall be deemed an election to terminate the relationship sixty (60) days from the date of receipt of the notice. If the relationship is so terminated, the City Council shall not be responsible for any severance or termination pay. Reilly shall be entitled to his annual leave balance at the date of termination, ( (b) By the City Council for any reason or no stated reason upon giving written notice to Reilly. The City Council may, at its option, terminate the relation- ship immediately and provide Reilly with sixty (60) days pay in lieu of notice, or, the City Council may require Reilly to continue service at his regular rate of pay for a period of sixty (60) days. Reilly shall be entitled to his annual leave balance at the date of termination. 6. The City shall defend, indemnify and save Reilly harmless for negligent acts or omissions of Reilly resulting from his employment by the City and within the scope of his duties as City Clerk. 7, 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 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. The provisions of Title 3 of the Seward City Code shall not apply to this agreement with the exception of: 3.15.085 longevity, 3.15.090 retirement, 3.15.095 insurance, 3.35 employee development, 3.45 annual leave, 3.50 holidays, 3.60 special provisions, 3.70 drug and alcohol policy, and 3.75 sexual harassment policy DATED this c27~ dayof ~~, 1997. CITY OF SEWARD, ALASKA ATTEST: .v~~.~~ Patricia J, Jones, CMC, Acting City Clerk Patrick Reilly, City (City Seal) ",""11'", ....,\~ Or SE~ ""'- ,.... ~"-"'" ...,..o"~.....~<:>'~ '. (J' .' '. ~ '., ~.. ~ ..,' . ~ .' '\ ~ : :......- .. .: AL. * . , '~ :e: : -: SE~ i = :\ ---I:: '$ .'. ..., . ~'" . . '" :: \~".':'lve 1 ,\~.", ~~$ :r. 'f~.....l"'""t:'d~.. .., ... OF ~\"r;~..", ~"I1II"\'\\