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FY2022-40 Borough Clerk Employment Agreement With Nova M. JavierBorough 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 Pre: d.�ti•c• A +4e54 C ry z,1 C M C �1� 1�3 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, Z G� 0 4tASKA► 1 Borough Clerk Employment Agreement Contract No. FY2022-40 Page 4 of 4 Clerk