FY2022-40 Borough Clerk Employment Agreement Between Kodiak Island Borough And Nova M. JavierBorough Clerk Employment Agreement
Contract No. FY2022-40B, Amendment No. 2 Between the
Kodiak Island Borough and Nova M. Javier, MMC, Borough Clerk
Whereas, on August 17, 2023, the Borough Assembly approved the Bargaining
Agreement with the International Brotherhood Of Electrical Workers #1547 (Contract No.
FY2024-05) which approved a 2% increase effective July 1, 2024, and another 2%
increase effective July 1, 2025, for all bargaining unit covered positions; and
Whereas, on April 8, 2024, the Borough Assembly adopted changes to the non -
bargaining covered positions salary schedules to match the bargaining unit covered
positions salary schedule changes approved with the collective bargaining agreement.
Now, therefore, to promote equitable treatment to all employee groups (bargaining unit
employees, non -bargaining unit employees, and contracted employees), Amendment No.
2 is presented to amend section 5 of Contract No. FY2022-40 as follows:
SECTION 5: SALARY AND BENEFITS
D. When the Assembly approves a cost -of -living adjustment to the wage scale for
non -represented employees, the Clerk's salary shall be adjusted so that the
Clerk shall receive the same cost -of -living adjustments allocated to non -union
employee groups. The 2% cost -of -living adjustment approved for non -
represented employees effective July 1, 2024, will be applied to the Clerk's
salary retroactively from July 1, 2024. Subsequent cost -of -living adjustments,
including the 2% cost -of -living adjustment which will take effect on July 1,
2025, will be applied when they are applied to non -represented employee
salaries.
IN WITNESS WHEREOF, the parties have executed this employment agreement
amendment on the date shown below.
Executed this � day of t (6fi , 2024.
KO�DjIA'K ISLAND BOROUGH
Scott Smiley
Deputy Presiding Officer
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Borough Clerk Employment Agreement
Contract No. FY2022-40, Amendment No. 1 Between the
Kodiak Island Borough and Nova M. Javier, MMC, Borough Clerk
Whereas, the Borough Assembly conducted a Clerk's Performance Evaluation on
June 15, 2023; and
Whereas, as a result of the evaluation, the Assembly assigned Mayor Scott Arndt and
Deputy Presiding Officer Scott Smiley to renegotiate the Clerk's Contract.
Now, therefore, Amendment No. 1 is presented to amend sections 10 and 13 of Contract
No. FY2022-40 as follows. All other sections of the contract shall remain in effect without
amendments.
SECTION 10: EVALUATIONS
Clerk shall receive a full performance review annually on or prior to the contract
anniversary date. Effective on the anniversary date(s) during the term of this
agreement, the Borough agrees to increase said salary on the basis of a favorable
annual review until the Clerk reaches the top of the E83 pay range.
SECTION 13: NO REDUCTION OF BENEFITS: GOOD FAITH AND FAIR DEADLINE
A. Borough shall not at anytime during the term of employment with this
agreement reduce the Clerk's salary. All other compensation or other
financial benefits will be provided to the Clerk, in accordance with the Kodiak
Island Borough Personnel Rules and Regulations, as provided for all
employees.
B. All contract provisions shall be subject to good faith and fair dealing.
IN WITNESS WHEREOF, the parties have executed this employment agreement
amendment on th date shown below.
Executed this day ofV0 , 2023.
KODIAK ISLAND BORO
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BOROUGH CLERK EMPLOYMENT AGREEMENT
CONTRACT NO. FY2022-40
THIS AGREEMENT (Agreement) is made and entered into this day of June 2022,
between the KODIAK ISLAND BOROUGH (Borough) and NOVA M. JAVIER (Clerk). Borough
and Clerk may be referred to collectively as "the Parties".
SECTION 1: SCOPE OF WORK
Borough hereby agrees to employ Nova M. Javier, MMC, as Borough Clerk of the Kodiak Island
Borough to perform the functions and duties as specified in Alaska Statutes, Kodiak Island Borough
Code, and Borough Personnel Rules and Regulations, and to perform such other legally
permissible and proper duties and functions as the Borough Assembly may prescribe. Nova M.
Javier agrees to be employed by the Borough as Borough Clerk on the terms and conditions set
forth in this Agreement. The general job duties of the Borough Clerk are set forth in the job
description attached as Appendix A and incorporated by reference.
SECTION 2: CONDITIONS OF EMPLOYMENT
A. Under Kodiak Island Borough Code 2.50.010 the Clerk is an at -will employee who is
appointed by and serves at the pleasure of the Borough Assembly. Clerk is an
administrative and/or executive employee of the legislative branch of the Borough
government, is entitled to all fringe benefits provided to any other Borough administrative
and/or executive employee, and therefore, Clerk is not entitled to receive overtime
compensation.
B. The Borough and Clerk acknowledge that the Parties may agree to an employment contract
which contains terms that modify the compensation (pay and benefits) set out in the Kodiak
Island Borough Personnel Rules and Regulations. Except to the extent specifically modified
or inconsistent with the terms of this Agreement, all provisions of the Kodiak Island Borough
Personnel Rules and Regulations are applicable to Clerk's personnel status as a Borough
employee.
C. Clerk shall receive the salary and benefits, and shall work under the terms and conditions,
specified in this Agreement.
D. The Clerk shall be responsible to the Borough Assembly in all matters pertaining to
established Kodiak Island Borough Personnel Rules and Regulations. This does not
change the current reporting structure or any of the Clerk's current duties. Should
supervisory direction be required between Assembly meetings, the Mayor or Deputy
Presiding Officer may provide supervisory direction to the Clerk pending Assembly
direction.
SECTION 3: TERM
The term of this at -will employment contract shall be open ended.
SECTION 4: TERMINATION AND SEVERANCE PAY
A. Termination. The Borough Assembly may terminate Clerk at any time, for any reason or for
no reason, by delivering to Clerk written notice of termination.
Borough Clerk Employment Agreement
Contract No. FY2022-40
Page 1 of 4
1. Termination for other than good cause:
In the event of termination other than for good cause, Borough shall pay to Clerk a
severance pay in an amount equal three months' salary, including employment taxes, but
not including retirement, insurance, ongoing leave accrual or other fringe benefits. Clerk
shall also be compensated for all accrued annual leave.
2. Termination for good cause:
In the event Clerk is terminated for good cause, Borough shall not pay severance pay to
Clerk however, Clerk shall be compensated for all accrued annual leave.
For the purpose of this section, the term "good cause" shall mean:
A willful breach, disregard, habitual or gross neglect of the duties assigned to the Clerk by
law or by the Borough Assembly, or incompetence, which is defined as the inability or the
intentional failure to perform the Clerk's duties in a satisfactory manner. However,
termination for incompetence will require written notice and reasonable time allowed, along
with appropriate resources provided, to affect a remedy.
Good cause also includes, but is not limited to: Any conduct of Clerk bringing public
embarrassment or ridicule to the Borough; and Any conduct of Clerk involving a conviction
for any act of moral turpitude or illegality defined as a felony or a misdemeanor that tends
to reflect dishonesty.
B. Resignation. Clerk may voluntarily resign her employment as Borough Clerk at any time,
for any reason or for no reason, by delivering to the Borough Assembly notice of resignation
at least sixty (60) days prior to the effective date of resignation, unless the parties agree
otherwise. If Clerk voluntarily resigns, Borough will not be obligated to pay severance pay
to Clerk.
SECTION 5: SALARY AND BENEFITS
A. Salary. BOROUGH agrees to pay CLERK for her services, payable in installments at
the same time as other employees of the Borough, at the initial rate of $140,000.
B. Leave. Clerk will be eligible to use 80 hours of annual leave up front. Clerk shall also
accrue annual leave of 9.2308 hours per pay period, or thirty (30) days per year, for the
term of the contract. Annual leave use of more than five (5) days shall be noticed to the
Borough Assembly at least two (2) weeks in advance, except in an emergency. Clerk
may, upon approval of the Mayor or Deputy Presiding Officer for good cause shown,
cash out a total of 160 hours per calendar year. Such request may be made no more
frequently than twice per calendar year, but in no case exceed 160 hours of leave cash
out except upon separation of employment.
C. Other benefits. Sick leave, health insurance, life insurance, disability insurance,
workers' compensation insurance, jury duty, holidays, and contributions to the Alaska
Public Employees Retirement System will be provided to Clerk in accordance with the
Kodiak Island Borough Personnel Rules and Regulations, as provided for all other
Borough Clerk Employment Agreement
Contract No. FY2022-40
Page 2 of 4
employees. Upon separation, accrued annual leave shall be paid to Clerk in
accordance with the Kodiak Island Borough Personnel Rules and Regulations.
SECTION 6: MOVING EXPENSES
The Clerk may receive compensation for expenses incurred in moving to Kodiak in an amount not
to exceed one month's salary, in accordance with the Kodiak Island Borough Personnel Manual
and upon completion of a Transportation Agreement. The Borough will reimburse the Clerk for
allowable moving expenses such as the transportation of furnishings and personal effects, fuel,
lodging, transportation, and food directly associated with the move of personal goods upon
presentation of receipts.
SECTION 7: HOURS OF WORK
The Clerk shall work the hours necessary to perform the duties in Section 1. The schedule for work
shall be generally as provided in Section 601 of the Personnel Manual, but the Clerk shall work
the necessary hours to perform required duties without overtime compensation or compensatory
leave. It is recognized that the Clerk may devote time outside normal office hours to the business
of Borough and may work remotely from time to time; therefore, the Clerk may alter her work
schedule as appropriate.
SECTION 8: DUES AND SUBSCRIPTIONS
The Borough agrees to pay the following dues and expenses on behalf of the Clerk including
membership dues for the Alaska Association of Municipal Clerks, International Institute of
Municipal Clerks, Association of Record Managers and Administrators, and any additional dues
and subscriptions that are approved in the budget.
SECTION 9: PROFESSIONAL DEVELOPMENT
Borough may budget and pay for attendance at the International Institute of Municipal Clerks, the
Alaska Municipal League, and the Alaska Association of Municipal Clerks, Records Management
and any other meeting which the Assembly shall designate. All travel arrangements and expenses
will be in accordance with the Borough Travel Policy.
SECTION 10: EVALUATIONS
Clerk shall receive a full performance review annually on or prior to the contract anniversary date.
SECTION 11: INDEMNIFICATION
Borough agrees to defend, save and hold harmless, and indemnify Clerk against any tort claim,
professional liability claim, or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission by Clerk arising out of the course and scope of this
employment; provided, however, that the aforementioned obligation of the Borough shall not
extend to claims based on acts of intentional misconduct or gross negligence.
Borough will defend, compromise or settle any such claim or suit and pay the amount of any
settlement or judgment rendered thereon.
Borough Clerk Employment Agreement
Contract No. FY2022-40
Page 3 of 4
SECTION 12: GENERAL PROVISIONS
A. This Agreement shall constitute the entire agreement between the parties.
B. This Agreement shall be binding upon and inure to the benefit of the heirs-at-law and
executors of Clerk.
C. This Agreement shall be in effect for the term agreed upon by the parties and listed above,
or until Clerk resigns or is terminated under the provisions of Section 3, above.
D. If any provision, or any portion thereof, contained in this agreement is held to be
unconstitutional, invalid, or unenforceable, the remainder of this agreement or any portion
thereof, shall be deemed severable, shall not be affected, and shall remain in full force and
effect.
E. This contract may only be amended by a writing signed by both Parties. Provided, however,
that any increases in compensation approved by the Assembly pursuant to section 5 shall
be incorporated without requiring a signed writing.
IN WITNESS -WHEREOF, the Kodiak Island Borough (Borough) and Nova M. Javier (Clerk
hereby acc t the above conditions, set their hand and seal to execute this Agreement, this 17
day of , 2022.
CLERK:
Nova M. Javier, MMC, borough Clerk
BOROUGH:
4ptyPresiding Officer
ADMINISTRATION: ATTEST:
Dave Conrad, Administrative Official 04D8 na Cruz,
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Borough Clerk Employment Agreement
Contract No. FY2022-40
Page 4 of 4
Clerk