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FY2019-21 Employment Agreement Between The Kodiak Island Borough And Tara L. WelinskySCANNED pde; CONTRACT NO. FY 2419- EMPLOYMENT AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH AND TARA L. WELINSIKY THIS AGREEMENT is made and entered into this day of March 2019, between the KODLkK ISLAND BOROUGH (hereinafter BOROUGH) and Tara L. Welinsky, (hereinafter CLERK). WHEREAS, the BOROUGH wishes to employ the services of Tara L. Welinsky, 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 be employed as CLERK of said BOROUGH; and NOW, THEREFORE, BOROUGH and CLERK agree to the following terms and conditions: of-EmploySection 1. ]Dufles and NalmEe 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 andl 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 Borough Personnel Policies and Procedures, 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, bolh parties anticipate that it shall he in effect for three (3) years, (March %5L 2019 through March �, 2022). The Assembly will consider whether to extend the contract no later than six (6) months prior to the end of the term. Section 3_ . and Jkliefits 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 Ninety Thousand and 001100 Dollars ($90,000) annually for the first year, increasing by 2.5% after six months ($92,250); 2.5% after twelve (12) months ($94,556); 2.5% after twenty-four (24) months ($96,920); and 2.5% after thirty-six (36) months ($99,343), provided CLERK attains a Satisfactory rating on her annual or other review. CLERK shall accrue annual leave of 6.4615 hours per pay period, or 21 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 Employment Agreement - Borough Clerk Page 1 of 4 j� five (S) days shall be noticed to the Bonaugh 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 referenced to in 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 A. Separation of EmplQyment and Sevefpnffly 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 (64) 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. For the purpose of this section, the tern "good cause" shallmean: 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 Employment Agreement - Borough Clerk Page 2 of 4 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. CLERK shall receive compensation for expenses incurred in moving to Kodiak not to exceed Seven Thousand Five Hundred Dollars and 00/100 ($7,500). The BOROUGH will pay for moving expenses for furnishings and personal effects and will reimburse the CLERK for other expenses such as fuel, lodging, transportation, and food upon presentation of receipts. If CLERK resigns or is terminated for cause within 24 months CLERK shall repay the moving expenses paid by the BOROUGH in accordance with the schedule set out in the BOROUGH Personnel Rules and Regulations. Sectinn 6. Dues andSubscrinti 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. S„gctlon 7. Professionjil Dcvcloltmeut BOROUGH will 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. flection S. I 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 communicIted to CLERK or required to be performed by CLERK hereunder or under the ordinancof the Kodiak Island Borough and the laws of the United States and the State oWaska; or 2. Any conduct of the CLERK bringing public embarrassment ar ridicule to the BOROUGH, 3. Any misconduct ofthe 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. Employment Agreement - Borough Clerk Pa e3of4 �V S�gtion 9. Genera[ P-ro_Yi.Riens 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 terra 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. FN WITNESS WHEREOF, the parties have executed this Agreemew on this " day of March 2414. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Borough Mayor Date: Ernployment Agreement - Borough Cterk age 4 of 4 CLERK Date: