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Kodiak Island Borough
April 27, 2006 - Immediately following the Special Work Session Special Meeting Borough Conference Room
Mr. Jerome Se /by
Borough Mayor
Term Expires 2007
Mr. Tom Abell
Deputy Presiding Officer
Assemblymember
Term Expires 2008
Ms. Pat Branson
Assemblymember
Term Expires 2007
Ms. Sue Jeffrey
Assemblymember
Term Expires 2008
Mr. Reed Oswalt
Assemblymember
Term Expires 2008
Mr. Cecil Ranney
Assemblymember
Term Expires 2006
Mr. Mel Stephens
Assemblymember
Term Expires 2006
Ms. Barbara Williams
Assemblymember
Term Expires 2007
Mr. Rick Gifford
Borough Manager
1s. Judi. Nielsen, CMC
Borough Clerk
1. ROLL CALL
2. CITIZENS' COMMENTS - Limited to three minutes per speaker.
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Contract No. FY2006 -37 Kodiak Island Borough Clerk Employment
Agreement.
4. ADJOURNMENT
Assembly Agenda
This meeting was called by Mayor Selby.
Kodiak Island Borough Special Assembly Agenda
April 27, 2006 Page 1
Kodiak Island Borough
April 27, 2006 During the Work Session
Assembly Guidelines
Special Meeting Borough Conference Room
1. ROLL CALL
2. CITIZENS' COMMENTS - Limited to three minutes per speaker.
3. CONSIDERATION OF MATTERS FOR THE SPECIAL MEETING
A. Contract No. FY2006 -37 Kodiak Island Borough Clerk Employment Agreement.
Recommended motion: Move to approve Contract No. FY2006 -37 with Nova Javier
as Borough Clerk effective June 3, 2006.
Assembly discussion.
ROLL CALL VOTE ON MOT /ON
3. ADJOURNMENT
Recommended motion: Move to adjourn the special meeting.
ROLL CALL VOTE
Kodiak Island Borough Assembly Guidelines
April 27, 2006 Page 1
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 27th of April, 2006, between the KODIAK
ISLAND BOROUGH (hereinafter BOROUGH) and Nova M. Javier, CMC, (hereinafter CLERK).
WHEREAS, the BOROUGH wishes to employ the services of Nova M. Javier, CMC, 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:
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.
(C) The CLERK is an exempt BOROUGH employee and shall be responsible to the
BOROUGH MANAGER 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. Termination 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 a 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.
(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 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.
Employment Agreement — Borough Clerk
Page 1 of 4
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 June 3, 2006, 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 23.0, step E, in accordance with the Kodiak Island Borough Personnel Rules
and Regulations, payable in installments at the same time as other employees of the
BOROUGH are paid. CLERK'S performance shall be reviewed every year after the effective
date of this agreement. CLERK'S salary shall increase according to the provisions established
for regular Borough employees by the Personnel Rules and Regulations. A step increase shall
be granted annually thereafter, upon satisfactory review. An additional step increase
shall be granted once the CLERK attained the Master Municipal Clerk designation.
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 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.
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 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
Sectfens -343 O3-ef -the- Kodiak Island Be
atone=
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.
Employment Agreement - Borough Clerk
Page 2 of 4
C. BOROUGH also agrees to budget and to pay for reimbursement of 100% of the
tuition expense, books, and lab fees not to exceed $1500 per fiscal year
towards the completion of the CLERK'S associate degree.
D. CLERK shall not be subjected to Section 903 Special Training, forfeiture of
accumulated leave and /or salary if terminated employment prior to working
one year after completion of an approved training program (defined as any
training or schooling for which the Borough pays $1,000 or more including
cost of the training program plus travel).
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; 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 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 June 3, 2006, 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 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 27th day of April,
2006.
Employment Agreement — Borough Clerk
Page 3 of 4
KODIAK ISLAND BOROUGH (BOROUGH) CLERK
Jerome M. Selby Nova M. Javier, CMC
Mayor Borough Clerk
Date Date
Employment Agreement — Borough Clerk
Page 4 of 4
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of July, 1999, between the
KODIAK ISLAND BOROUGH (hereinafter BOROUGH) and Judith A. Nielsen, CMC,
(hereinafter CLERK).
WHEREAS, the BOROUGH wishes to employ the services of Judith A. Nielsen, CMC,
as CLERK of the KODIAK ISLAND BOROUGH; and
WHEREAS, the BOROUGH and CLERK esire to provide for certain
CLERK by BOROUGH; apr procedures,
benefits, and requirements regarding the employment
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:
►1 , i , ,:, • nl, • !o_ ,.
(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.
.�. , en.' ., ' , ,. II M. 3 /11: 1 .
i s
ev
Employment A - Borough/clerk
Page 1 of 4
0 -99 -14
(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
to
than for good cause, the BOROUGH shall pay to CLERK as a an amount eq
not
two months salary. However, if the CLERK is terminated good
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.
(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 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 July 1, 1999, 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 23.0, at the appropriate step, in accordance with the Kodiak Island Borough Personnel
Rules and Regulations, payable in installments at the same time as other employees of the
BOROUGH are paid. CLERK'S performance shall be reviewed every year after the effective date
of this agreement. CLERK'S salary shall increase according to the provisions established for
regular Borough employees by the Personnel Rules and Regulations.
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 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.
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
Employment Agreement - BorougblClerk
Page 2 of 4
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 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 July 1, 1999, and extend until either the CLERK or ASSEMBLY wants to
renegotiate the contract.
Employment Agreement - Borough/Clerk
Page 3 of 4
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 1st day of July, 1999.
KODIAK ISLAND BOROUGH (BOROUGH) CLERK
Y L. STEVENS
YOR
Ddte C
Employment Agreement - Borough/Clerk
Page 4 of 4
de
ITH A. N, CMC
BOROUGH CLERK
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