93-48 - Donna Smith Employment AgreementMay 6, 1999
Mayor and Assembly Members
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
RE: Resignation as Borough Clerk
As I have announced my plans to take advantage of the early retirement program, please accept
this as my letter of resignation as Borough Clerk of the Kodiak Island Borough to be effective
July 1, 1999.
To the Assembly that hired me:
Betty Fitzjearl, Gordon Gould, Suzanne Hancock, Jack McFarland, Mike Milligan,
Mary Monroe, and Gary Stevens;
to all the Assembly members throughout the years; and
to the Assembly that retired me:
Scott Arndt, Tom Abell, Tuck Bonney, Pat Branson, Robin Heinrichs, Wayne Stevens,
and Greg Spalinger and Mayor Gary Stevens
I thank you for your support to allow me to achieve the goals and success of the position.
It is with mixed emotions that I tender this letter of resignation and will always remember my
eight years as your Borough Clerk.
Respectfully yours,
P/, pyT"4 /
\Donna F. Smith, CMC/AAE
Borough Clerk
C'oNrieper *3� 93-y,;,
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of
September, 1993, between the KODIAK ISLAND BOROUGH (hereinafter
BOROUGH) and Donna F. Smith, (hereinafter CLERK).
WHEREAS, the BOROUGH wishes to continue employing the services
of Donna F. Smith as 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
CLERK by BOROUGH; and
WHEREAS, the CLERK wishes to continue employment as CLERK of
said BOROUGH; and
NOW, THEREFORE, BOROUGH and CLERK agree to the following terms
and conditions:
Section 1 Duties and Nature of Employment
(A) BOROUGH hereby agrees to employ CLERK, and CLERK agrees to be
employed by BOROUGH, in the position of Borough Clerk. CLERK is an
at -will employee who serves at the pleasure of the Borough
Assembly. CLERK is an administrative and/or executive employee of
the legislative branch of borough government, and therefore CLERK
is not entitled to receive overtime compensation.
(B) 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.
Section 2. Termination of Employment and Severance Pa
(A) The Borough Assembly may terminate the CLERK at any time, for
any reason or for no reason, by delivering to the CLERK written
notice of termination. In the event of termination other than for
good cause, the BOROUGH shall pay to CLERK as severance pay an
amount equal to two month's salary. However, if the CLERK is
terminated for good cause, BOROUGH shall not pay severance pay to
CLERK. For this purpose the term "good cause" shall mean:
(1) A willful breach, disregard, or habitual neglect of
duties assigned to the Clerk by law or by the Assembly.
(2) Any conduct of Clerk bringing public embarrassment or
ridicule to the Borough.
Employment Agreement - Borough/Clerk
Page 1 of 4
(3) Any misconduct of Clerk involving an act of moral
turpitude or illegality.
(B) CLERK may resign her employment as Borough Clerk at any time,
for any reason or for no reason, by delivering to the presiding
officer of the Borough Assembly notice of resignation at least
thirty days prior to the effective date of resignation. If the
CLERK resigns, the BOROUGH shall not pay severance pay to the
CLERK.
Section 3. Conditions of Employment
CLERK shall receive the salary and benefits, and shall work under
the terms and conditions, specified below during the period from
September 1, 1993, until either CLERK or BOROUGH want to
renegotiate contract, unless CLERK'S employment is terminated
during that period as provided in Section 2 above.
Section 4. Salary and Benefits
BOROUGH agrees to pay CLERK for her services rendered pursuant
hereto an annual base salary of range 22.5, at the appropriate
step, in accordance with the Kodiak Island Borough Personnel
Policy, payable in installments at the same time as other employees
of BOROUGH are paid. CLERK'S performance shall be reviewed every
year after the effective date of this agreement.
Annual leave, sick leave, health insurance, life insurance, and
contributions to the Alaska Public Employees Retirement System will
be provided to the CLERK in accordance with the Kodiak Island
Borough Personnel Policy as provided for all other employees.
Section 5. Dues and Subscriptions
BOROUGH agrees to budget and to pay the dues of CLERK for
membership in professional and civic organizations and
subscriptions of CLERK necessary for her continuation and full
participation in national, state, and local associations and
organizations necessary and desirable for her continued
professional participation, growth and advancement, and for the
good of the BOROUGH.
Section 6. Professional Development
(A) BOROUGH hereby agrees to budget and to pay the travel and
subsistence expenses of CLERK for professional and official travel,
meetings and occasions adequate to continue the professional
development of CLERK and to adequately pursue necessary official
and other functions for BOROUGH, including but not limited to, the
Employment Agreement - Borough/Clerk
Page 2 of 4
International Institute of Municipal Clerks, the Alaska Municipal
League, and the Alaska Association of Municipal Clerks, and any
other meeting which the Assembly shall designate, all as consistent
with the provisions of Sections 801 and 803 of the Kodiak Island
Borough Personnel Rules and Regulations.
(B) BOROUGH also agrees to budget and to pay for the travel and
subsistence expenses of CLERK for short courses, institutes and
seminars that are necessary for her professional development and
for the good of BOROUGH as approved by Assembly.
Section 7. 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; provided, however, that the
aforementioned obligation of the BOROUGH shall not extend to claims
based on the following acts of misconduct:
(1) A willful breach, disregard or habitual neglect of duties
requested of Clerk by the Borough Assembly formally communicated to
Clerk or required to be performed by Clerk hereunder or under the
ordinances of the Kodiak Island Borough and the laws of the United
States and the State of Alaska;
(2) Any conduct of the Clerk bringing public embarrassment or
ridicule to the Borough; or
(3) Any misconduct of the Clerk involving an act of moral
turpitude or of illegality.
BOROUGH will defend, compromise or settle any such claim or suit
and pay the amount of any settlement or judgment rendered thereon.
Section 8. General Provisions
A) The text herein 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, subject to the provisions of Section 2 hereof,
shall become effective commencing September 1, 1993 and extend
until either the CLERK or ASSEMBLY wants to renegotiate the
contract.
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 portion thereof, shall be
Employment Agreement - Borough/Clerk
Page 3 of 4
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
2nd day of September, 1993.
KODIAK ISLAND BOROUGH (BOROUGH) CLERK
DONNA F. SMITH
OFFICER BOROUGH CLERK
Employment Agreement - Borough/Clerk
Page 4 of 4
2 93- </I
ITEM N0. 12.D.3.
Kodiak Island Borough
AGENDA STATEMENT
Meeting of: September 2, 1993
Contract No. 93-48 Kodiak Island Borough Clerk Employment
Agreement
The agreement to employ the services of Donna F. Smith as Clerk of
the Kodiak Island Borough expires August 31, 1993.
The agreement proposed by the clerk has changes highlighted with
shading and deletions lined through.
one change is a request to not renegotiate the contract annually
but to leave the termination of the contract open-ended unless
renegotiation is requested by the clerk or assembly. Another
change is to delete sections 7, 8, and 9 to combine with section 4.
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of
1993, between the KODIAK ISLAND BOROUGH (hereinafter
BOROUGH) and Donna F. Smith, (hereinafter CLERK).
WHEREAS, the BOROUGH wishes to continue employing the services
of Donna F. Smith as 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
CLERK by BOROUGH; and
WHEREAS, the CLERK wishes to continue employment as CLERK of
said BOROUGH; and
NOW, THEREFORE, BOROUGH and CLERK agree to the following terms
and conditions:
Section 1 Duties and Nature of Employment
(A) BOROUGH hereby agrees to employ CLERK, and CLERK agrees to be
employed by BOROUGH, in the position of Borough Clerk. CLERK is an
at -will employee who serves at the pleasure of the Borough
Assembly. CLERK is an administrative and/or executive employee of
the legislative branch of borough government, and therefore CLERK
is not entitled to receive overtime compensation.
(B) 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.
Section 2Termination of Employment and Severance Pay
(A) The Borough Assembly may terminate the CLERK at any time, for
any reason or for no reason, by delivering to the CLERK written
notice of termination. In the event of termination other than for
good cause, the BOROUGH shall pay to CLERK as severance pay an
amount equal to two month's salary. However, if the CLERK is
terminated for good cause, BOROUGH shall not
aysseverance
hall pay
to
CLERK. For this purpose the term "g cause"
(1) A willful breach, disregard, or habitual neglect of
duties assigned to the Clerk by law or by the Assembly.
(2) Any conduct of Clerk bringing public embarrassment or
ridicule to the Borough.
Employment Agreement - Borough/Clerk
Page 1 of 4
(3) Any misconduct of Clerk involving an act of moral
turpitude or illegality.
Borough clerk at any timer
(B) CLERK may resign her employment adeliver ng to the presiding
for any reason or for no reason, by
officer of thTlOBotogthe effect ve date of resignati n.Assembly notice of resignation atifethe
thirty days p a severance pay to the
si ns the BOROUGH shall not pay
CLERK re g ,
CLERK.
Section 3 Conditions of Employment
benefits, and shall work under
below durin the period from
X443 Ls"Z� s "s4�
CLERK shall receive the salary and
the terms and conditions, specified
Sec ion Y
a CLERK for her services rendered pursuant
BOROUGH agrees to pay
hereto an annual base salar of
�4 �#
in ins a men s a e same ime as o er emp oyees °Jr'96ROUGH are
ear after the
paid. CLERK'S performance shall be reviewed every y
..Ffen*1VP date of this agreement.
Sectio 5 Dues and Subscriptions
BOROUGH agrees to budget and to pay the dues of CLERK for
membership in professional and civic organizations and
sn and ubscriptions of CLERK necessary fo heYcontand local inuatiiassocat ons full
participation in national, state,
organizations necessary and owth sandbadvancement, and continued
the
professional participation, g
good of the BOROUGH.
Employment Agreement - Borough/Clerk
Page 2 of 4
Section 6 Professional Development
(A) BOROUGH hereby agrees to budget and to pay the travel and
subsistence expenses of CLERK for professional and official travel,
meetings and occasions adequate to continue the professional
development of CLERK and to adequately pursue necessary official
and other functions for BOROUGH, including but not limited to, the
International Institute of Municipal Clerks, the Alaska Municipal
League, and the Alaska Association of Municipal Clerks, and any
other meeting which the Assembly shall designate, all as consistent
with the provisions of Sections 801 and 803 of the Kodiak Island
Borough Personnel Rules and Regulations.
(B) BOROUGH also agrees to budget and to pay for the travel and
subsistence expenses of CLERK for short courses, institutes and
seminars that are necessary for her professional development and
for the good of BOROUGH as approved by Assembly.
Section 10 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; provided, however, that the
Employment Agreement - Borough/Clerk
Page 3 of 4
aforementioned obligation of the BOROUGH shall not extend to claims
based on the following acts of misconduct:
(1) A willful breach, disregard or habitual neglect of duties
requested of Clerk by the Borough Assembly formally communicated to
Clerk or required to be performed by Clerk hereunder or under the
ordinances of the Kodiak Island Borough and the laws of the United
States and the State of Alaska;
(2) Any conduct of the Clerk bringing public embarrassment or
ridicule to the Borough; or
(3) Any misconduct of the Clerk involving an act of moral
turpitude or of illegality.
BOROUGH will defend, compromise or settle any such claim or suit
and pay the amount of any settlement or judgment rendered thereon.
Section 11 General Provisions
A) The text herein 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, subject to the provisions of Section 2 hereof,
shall become effective commencinq September 1, 199" and extend
�...
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 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 , 1993.
KODIAK ISLAND BOROUGH (BOROUGH)
JACK L. McFARLAND
ASSEMBLY PRESIDING OFFICER
Employment Agreement - Borough/Clerk
Page 4 of 4
CLERK
DONNA F. SMITH
BOROUGH CLERK
SCHEDULEII
CLASS TITLES AND PAY RANGES
CLASS TITLE
MAYOR'S OFFICE
PAY RANGE
Borough Mayor
Ordinance
20.5
Resource Management Officer
*ESrva rIVESUPP(1RTSERVICES
Administrative Assistant
12.5
9.5 - 10.5
Secretary III
8.0
Secretary II
7.0
Secretary I
Switchboard Operator/Receptionist
7.0
ASSES HN DEPARTMENT
23.0
Assessor
19.5
Appraiser
11.0
Assessment Clerk II
9.5
Assessment Clerk I
CLERK'S OFFICE
22.5
Borough Clerk
12.5
Deputy Borough Clerk
11.0
Records Coordinator
Community Development Director
24.0
20.5
Associate Planner/LRP
20.5
Associate Planner/Enforcement
20.0
Building Official
15.5
Assistant Planner
15.0
Draftsman/Technician
DATA PROCESSING DEPARTMENT
23.0
Data Processing Manager
20.5
Programmer/Analyst
18.5
Programmer
18.0
PC Technician
17.5
Operations Supervisor
13.0
Computer Operator R
10.5
Computer Operator I
Updated Jody 1.1991
Page 3
KODIAK ISLAND BOROUGH
Step
SUP
ORDINANCE 93-10
A
B
18.5
A
40.435
41,454
H
19.44
19.93
19.0
A
41,454
42.494
Step
K
H
19.93
20.43
19.5
A
42.494
43,5%
50.502
H
20.43
20.94
20.0
A
43.555
44,637
23.09
H
20.94
21.46
20.5
A
44.637
45.760
H
21.46
22.00
21.0
A
45.760
46.904
48.069
H
22.00
22.55
21.5
A
46.904
48,069
22.55
H
22.55
23.11
22.0
A
48.069
49.275
46.904
H
23.11
23.69
22.5
A
49.275
50.502
22.00
H
23.69
24.28
23.0
A
50,502
51.771
45,760
H
24.28
24.69
23.5
A
51.771
53.061
26.80
H
24.89
25.51
24.0
A
53.061
54.392
H
25.51
26.15
Page 3
KODIAK ISLAND BOROUGH
ORDINANCE 93-10
SCHEDULE OF PAY
GRADES FOR A FORTY
HOUR WEEK
Slop
Slop
Stop
Step
Step step
Slop
I
Step
J
Step
K
C
D
E
44.637
F
45.760
G
46.904
H
48,009
49.275
50.502
51. 771
42.494
43,566
21.46
22.00
22.55
23.11
23.09
24.28
24.09
20.43
20.94
43.555
44.637
45.760
46.904
48.069
49.275
50.502
24.28
51.771
24.89
53.061
25.51
20.94
21.46
22.00
22.55
23.11
23.09
44,637
45.780
46.904
48.069
49.275
50.502
51.771
24.09
53.081
25.51
54.382
25.15
21.46
22.00
22.55
23.11
23.09
24.28
45,760
46.9D4
48,089
49,275
WS02
51.771
25.51
2615
26.80
22.00
22.55
23.11
23.09
24.26
24.69
48.904
48.069
49.275
50.502
51.771
53.061
54.392
26.15
55.744
28.80
57.136
27.47
22.55
23.11
23.09
24.28
24.89
25.51
49.275
524.26
51.771
1
54.392
44
26780
38
27147
28518
23.11
23.69
24.09
25051
26.15
49,275
.502
0924.26
524.09
061
55,744
57,138
27.47
se.sTs
28.16
60.029
28.86
23.69
251.771
2815
26.80
50.502
51.771
53,061
55.744
147
285 6
W.029
28.86
61.52S
29.56
24.28
24.69
25.51
28.15
28.00
27
53,061 54.392
55.744
57,138
58.573
60.029
61.526
83.066
30.32
51.771
28.15
26.80
27.47
28.18
28.86
29.58
24.09
25.51
5335051
54
6
60.029
61.526
29.58
63,066
30.32
64.M
31.08
2615
26780
27.47
28.57.136
28.86
5.646
60,029
61.526
63.0a
30.32
831.06
0820
31.86
26.15
X78800
27 47
29.6
28.88
29.58
55.744
57.138
58.573
60.029
61.526
63.066
64.80
31.08
062032.38
26.80
27.47
28.16
26.86
29.56
30.32
Page 3