FY2023-43 Employment Contract Between the Kodiak Island Borough Assembly And Aimee Williams As Borough ManagerEMPLOYMENT CONTRACT
CONTRACT NO. FY2023-43
THIS AGREEMENT is made and entered into this Seventeenth day of March. 2023,
between the Kodiak Island Borough Assembly (hereinafter Borough) and Aimee Williams
(hereinafter Manager).
WHEREAS, Borough wishes to employ the services of Aimee Williams, as Manager of
the Kodiak Island Borough; and
WHEREAS, Borough and Manager desire to provide for certain procedures, benefits,
and requirements regarding the employment of Manager by Borough; and
WHEREAS, Manager wishes to accept employment as Manager of said Borough; and
NOW, THEREFORE, Borough and Manager agree to the following terms and conditions:
Section 1: Duties and Nature of Employment.
A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by
Borough, in the position of Borough Manager. Manager is an at -will employee who
serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or
executive employee of the legislative branch of Borough government, is entitled to all
fringe benefits provided to any other Borough administrative and/or executive employee,
and, therefore, Manager is not entitled to receive overtime compensation.
B. Manager shall perform all duties and functions assigned to Manager by law, and such
other legally permissible and proper duties and functions as the Borough Assembly shall
from time to time prescribe.
Section 2: Contract Term and Notice Requirements.
While this is an at -will employment contract, both parties anticipate that it shall be in effect for
three (3) years, May 1. 2023, through April 30, 2026. The Assembly may elect to extend the
contract for one year at the end of the contract period with 90 days' notice.
Section 3: Salary and Benefits.
A. Borough agrees to pay Manager for her services, payable in installments at the same
time as other employees of the Borough, at the initial rate of one hundred fifty thousand
dollars ($150,000.00) annually.
B. Manager's performance shall be reviewed six (6) months after the effective date of the
agreement and the Manager's salary will be increased by 2.5% upon review and
determination of satisfactory job performance.
C. Manager's performance shall be reviewed twelve (12) months after the effective date of
the agreement, and annually thereafter, and the Manager's salary will be increased by
2.5% upon review and determination of satisfactory job performance.
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D. Annual leave shall be provided to Manager in accordance with the Kodiak Island
Borough Personnel Manual except Manager will be eligible to utilize five (5) days of
annual leave within the normal probationary period of six months.
E. 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 Manager in accordance with the Kodiak Island
Borough Personnel Manual, as provided for all other employees.
F. Except to the extent specifically referenced to in this Agreement, all provisions of the
Kodiak Island Borough Personnel Rules and Regulations are applicable to Manager's
personnel status as a Borough employee.
G. The Manager shall have access to a Borough vehicle for Manager's business use only.
Section 4: Separation of Employment and Severance Pay.
A. The Borough Assembly may terminate Manager at any time, for any reason or for no
reason, by delivering to Manager written notice of termination.
1. Termination for other than good cause:
a. In the event of termination other than for good cause, Borough shall pay to
Manager severance pay in an amount equal to two months' salary. Manager
shall also be compensated for all accrued annual leave.
2. Termination for good cause:
a. In the event Manager is terminated for good cause, Borough shall not pay
severance pay to Manager; however, Manager shall be compensated for all
accrued annual leave.
B. Manager may voluntarily resign her employment as Borough Manager 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 Manager voluntarily resigns, Borough will not be obligated to pay severance
pay to Manager.
C. For the purpose of this section, the term "good cause" shall mean:
1. A willful breach, disregard, or gross neglect of the duties assigned to the Manager by
law or by the Borough Assembly, or incompetence, which is defined as the inability
or the intentional failure to perform the Manager'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.
2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough.
3. Any conduct of Manager 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: Moving Expenses.
Not applicable.
Section 6: Conditions of Employment.
Manager shall receive the salary and benefits, and shall work under the terms and conditions,
specified in this document during the three-year term of this contract with a ninety (90) day
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notice by either party to renew or not renew by mutual consent after that time. Borough to
provide Manager a cell phone stipend.
Section 7: Dues and Subscriptions.
Borough hereby agrees to pay for membership to International City/County Management
Association (ICMA), the Alaska Municipal Managers Association (AMMA), and the Alaska
Municipal League (AML).
Section 8: Professional Development.
A. Borough will budget and pay for attendance including travel and hotel costs to the ICMA
annual conference, SWAMC Conference, and AML annual, summer, and winter
conferences. Reimbursement for normal expenses associated with attendance (meals)
will also be paid.
B. Manager, while traveling out of town on official business, will be reimbursed for
reasonable expenses by Borough. Borough will provide for and/or reimburse Manager
for transportation costs and other costs incidental to such travel, and of a normal and
necessary nature. Such expenses would include hotel rooms, auto rental, taxi fare, etc.
This section applies to short courses, institutes, and seminars that are necessary for
professional development and for the good of Borough, as budgeted by the Borough
Assembly along with all other Borough related travel.
Section 9: Indemnification.
A. Borough agrees to defend, save and hold harmless, and indemnify Manager 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 Manager arising out
of the course and scope of her employment; provided, however, that the aforementioned
obligation of Borough shall not extend to claims based on the following acts of
misconduct:
1. A willful breach, disregard, or gross neglect of duties requested of Manager by the
Borough Assembly formally communicated to Manager or required to be performed
by Manager hereunder or under the ordinances of the Kodiak Island Borough and
the laws of the United States of America and the State of Alaska;
2. Any conduct of Manager bringing public embarrassment or ridicule to Borough; or
3. Any conduct of Manager involving a conviction for any act of moral turpitude or
illegality defined as any felony involving moral turpitude or a crime, which reflects
dishonesty.
B. Borough will defend, compromise, or settle any such claim or suit and pay the amount of
settlement or judgment rendered thereon.
Section 10: 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 Manager.
C. This Agreement shall be in effect for three (3) years or unless Manager resigns or is
terminated under the provisions of Section 4, above.
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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.
Section 11: No Reduction of Benefits; Good Faith and Fair Dealing.
A. Borough shall not at any time during the term of employment with this agreement reduce
the Manager's salary. All other compensation or other financial benefits will be provided
to the Manager in accordance with the Kodiak Island Borough Personnel Rules and
Regulations, as provided for all other employees.
B. All contract provisions shall be subject to good faith and fair dealing.
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day of
.2023.
KODIAK ISLAND BOROUGH
r Deputy Presiding Officer
Date: 3 - /,7— -:2, e,2
ATT ST:
Nova M. Javier, MMC
Borough Clerk /
Date: 3 /17
MANAGER
Aimee Williams
Date: 3-18-2023
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