FY2021-04 Borough Clerk Contract Between the KIB And Alise RiceCONTRACT NO. FY 2021-04 EMPLOYMENT AGREEMENT BETWEEN
THE KODIAK ISLAND BOROUGH AND ALISE L. RICE
THIS AGREEMENT is made and entered into this 18th day of June 2020, between the KODIAK
ISLAND BOROUGH (hereinafter BOROUGH) and Alise L. Rice, (hereinafter CLERK).
WHEREAS, the BOROUGH wishes to employ the services of Alise L. Rice, as CLERK of the
KODIAK ISLAND BOROUGH; and
WHEREAS, under Kodiak Island Borough Code section 2.50.0 10 the CLERK is appointed by and
serves at the pleasure of the Assembly; and
WHEREAS, the BOROUGH and CLERK may agree to an employment contract which contains
terms which modify the compensation (pay and benefits) set out in the Kodiak Island Borough
Personnel Rules and Regulations; and
WHEREAS, the BOROUGH and CLERK desire to provide for certain procedures, benefits, and
requirements regarding the employment of CLERK by BOROUGH as more fully set forth herein;
and
WHEREAS, the CLERK wishes to be employed as 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 Emnlovment
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 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 three
(3) years, June 18, 2020 through June 18, 2023. The Assembly will consider whether to extend the
contract no later than one year prior to the end of the term.
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Section 3. Salary and Benefits
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 eighty-seven thousand five hundred and 00/100 dollars
($87,500) annually, which corresponds to the rate of pay for Range E81, Step A. The rate of pay
would increase to Range E81, Step B after six (6) months, provided CLERK attains a satisfactory
rating on her annual or other review. Thereafter, Clerk shall receive a one-step increase within Range
E81 upon each satisfactory annual review conducted after twelve (12) months, and twenty-four (24)
months.
CLERK shall accrue annual leave of ten (10) hours per pay period, or thirty (30) days per year, for
the term of the contract. CLERK must take at least 40 hours of leave annually. 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, cash out a total of 160 hours per
calendar year. Such request may be made twice per calendar year, but in no case exceed 160 hours of
leave cash out except upon separation of employment.
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 employees. Upon separation, accrued annual leave shall be paid to CLERK
in accordance with 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.
CLERK shall receive a full performance review annually on or prior to the contract anniversary date.
In addition, a short -form midterm review shall be conducted after the first six months of employment.
Section 4. Seuaration of Employment and Severance Pay
The Borough Assembly may terminate CLERK at any time, for any reason or for no reason, by
delivering to CLERK written notice of termination.
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 and benefits. CLERK shall also be
compensated for all accrued annual leave.
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.
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
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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.
For the purpose of this section, the term "good cause" shall mean:
A willful breach, disregard, 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.
Section 5. Dues andSubscriptions
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.
tion fi. Professio
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, and any other meeting
which the Assembly shall designate. All travel arrangements and expenses will be in accordance with
the Borough Travel Policy.
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 ofAlaska; or
2. Any conduct of the CLERK bringing public embarrassment or ridicule to the BOROUGH;
3. Any misconduct of the CLERK involving an act of moral turpitude orof illegality.
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BOROUGH will defend, compromise or settle any such claim or suit and pay the amount of any
settlement or judgment rendered thereon.
Section R. 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.
WITNESS WHEREOF, the parties have executed this Agreement on this �— day of
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