2022-03-21 Special Meeting
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Citizen Comment: 486-3231 or 855-492-9202
Kodiak Island Borough
Assembly Special Meeting Agenda
Monday, March 21, 2022, 6:00 p.m.
Assembly Chambers - 710 Mill Bay Road
This meeting was called by the Mayor.
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Page
1. Roll Call.
2. Citizens' comments. 1-907-486-3231 or Toll Free 1-855-492-9202.
(Limited To Three Minutes Per Speaker)
3. Consideration of matters in the call for the special meeting.
2 - 4
A.
Interim Clerk Contract
Contract No. FY2022-36 - Kodiak Island Borough Interim Clerk
Contract
4. Adjournment.
Page 1 of 4
Employment Agreement - Borough Clerk
Page 1 of 4
TEMPORARY EMPLOYMENT AGREEMENT BETWEEN
THE KODIAK ISLAND BOROUGH AND NOVA JAVIER
Contract No. FY2022-36
THIS AGREEMENT is made and entered into this _______ day of _____________2022, between
the KODIAK ISLAND BOROUGH (hereinafter BOROUGH) and Nova Javier (hereinafter CLERK).
WHEREAS, under Kodiak Island Borough Code section 2.50.010 the Borough Clerk is appointed by
and serves at the pleasure of the Assembly; and
WHEREAS, the position of Borough clerk is currently vacant; and
WHEREAS, the BOROUGH desires the services of an interim clerk while the BOROUGH undergoes
the process for recruiting and hiring a Borough Clerk; and
WHEREAS, the BOROUGH wishes to employ the services of Nova Javier as an interim clerk of the
KODIAK ISLAND BOROUGH; and
WHEREAS, the BOROUGH and CLERK desire to provide for certain procedures, benefits, and
requirements regarding the employment of interim clerk by BOROUGH as more fully set forth herein;
and
WHEREAS, the CLERK wishes to be employed as interim clerk of said BOROUGH on the terms set
forth herein; and
NOW, THEREFORE, BOROUGH and CLERK agree to the following terms and conditions:
Section 1. Duties and Nature of Employment
BOROUGH hereby agrees to employ CLERK, and CLERK agrees to be employed by BOROUGH,
in the position of Interim Borough Clerk. CLERK is an at-will employee who serves at the pleasure
of the Borough Assembly. CLERK is an exempt administrative and/or executive employee, and
therefore CLERK is not entitled to receive overtime compensation.
The CLERK shall perform all duties and functions assigned to CLERK by law, and such other duties
and functions as the Borough Assembly shall from time to time prescribe.
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.
Section 2. Contract Term
While this is an at-will employment contract, both parties anticipate that it shall be in effect for six
months, ___________ 2022 through _________, 2022. The Assembly will consider whether to
AGENDA ITEM #3.A.
Interim Clerk Contract
Page 2 of 4
Employment Agreement - Borough Clerk
Page 2 of 4
extend the contract no later than thirty days prior to the end of the term.
Section 3. Compensation
BOROUGH agrees to pay CLERK for her services, payable in installments at the same time as other
employees of the Borough, at the rate of $5287.99 per pay period, prorated for periods of less than a
full pay period.
BOROUGH agrees to reimburse CLERK for transportation expense from Manilla, Philippines, to Las
Vegas, Nevada and then Las Vegas to Kodiak in order to commence work as the Interim Clerk, and
to travel from Kodiak to Las Vegas, Nevada, at the conclusion of this contract.
BOROUGH agrees to provide CLERK with the use of a Borough owned apartment located at 225
Research Court for the term of this Agreement.
BOROUGH agrees to provide CLERK with a Borough owned vehicle for the term of this Agreement
for business use only, including commuting to/from work. The Borough will provide gas, oil,
maintenance, and liability insurance.
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 temporary Borough employee.
Section 4: Hours of Work
CLERK will maintain regular business hours of Monday through Friday, from 8 a.m. to 5 p.m.,
excluding holidays. With required CLERK attendance at Assembly meetings outside of regular work
hours, CLERK may alter the work schedule, as appropriate.
Section 5. Termination.
This Agreement may be terminated:
a. By either party at any time for failure of the other party to comply with the terms and
conditions of this Agreement;
b. By either party without cause upon 10 days prior written notice to the other party; or
c. At any time upon mutual written agreement of both parties.
In the event of termination, the CLERK shall stop work immediately and shall be entitled to
compensation for professional service fees and for authorized expense reimbursement to the date of
termination; and the CLERK shall provide to the Borough all work product completed or in progress
at such date. If this agreement is terminated by the Borough at any time, by CLERK after at least 60
days, or by mutual agreement, the Borough shall provide the travel reimbursement provided for in
Section 3. If this agreement is terminated by CLERK within the first 60 days Borough shall not be
obligated to pay for travel to Las Vegas, Nevada.
AGENDA ITEM #3.A.
Interim Clerk Contract
Page 3 of 4
Employment Agreement - Borough Clerk
Page 3 of 4
Section 6. 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 her employment.
BOROUGH will defend, compromise or settle any such claim or suit and pay the amount of any
settlement or judgment rendered thereon, including any appeals brought by either party.
Section 7. General Provisions
This Agreement shall constitute the entire agreement between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs -at-law and executors of
CLERK.
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 4, above.
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on this ______ day of
___________2022.
KODIAK ISLAND BOROUGH CLERK
_______________________________
Aimee Williams, Deputy Presiding Officer Nova Javier
Date: ___________________________ Date:
ATTESTED
_______________________________
Lina Cruz, Clerk’s Office
Date: ___________________________
AGENDA ITEM #3.A.
Interim Clerk Contract
Page 4 of 4
Kodiak Island Borough
Assembly Special Meeting Agenda
Monday, March 21, 2022, 6:00 p.m.
Assembly Chambers
1. Roll Call
KIBC 2.25.070… the chair shall cause the record to reflect the absence of the
member, the reason for the absence, and whether the absence is excused by the
assembly.
Recommended motion: Move to excuse Assembly member Turner who is
absent due to personal matters.
VOICE VOTE ON MOTION
2. Citizens' comments. (Limited To Three Minutes Per Speaker)
Agenda Items not scheduled for public hearing and general comments only.
Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to:
1. Sign in and state their name for the record
2. Turn on the microphone before speaking
3. Address all remarks to the assembly as a body and not to any
member thereof
4. If calling in – turn off any listening devices to prevent feedback
3. Consideration of matters in the call for the special meeting. A. Interim Clerk Contract
Recommended motion: Move to authorize the Deputy Presiding Officer to
sign and execute the temporary employment agreement between the Kodiak
Island Borough and Nova Javier.
Staff report – Borough Manager, Roxanne Murphy.
Assembly discussion.
ROLL CALL VOTE ON THE MOTION.
4. Adjournment.
Recommended motion: Move to adjourn the meeting.
VOICE VOTE ON MOTION.
KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended
by a majority of the votes to which the assembly is entitled. No meeting shall be
extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly,
except the meeting shall be extended to set the time and place for resumption of the
meeting.
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Kodiak Island Borough
Assembly Newsletter
Vol. FY2022, No. 28 March 22, 2022
At Its Special Meeting Of March 21, 2022, The Kodiak Island Borough Assembly Took The Following Actions. The Next
Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, April 7, 2022 At 6:30 p.m. In The Borough Assembly
Chambers.
AUTHORIZED Interim Clerk Contract Between Kodiak Island Borough And Nova Javier, MMC