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2006-04-27 Special MeetingO 0 0 V] z now . 4AT oaf sTAI 7 ms° tIIN 1 sugIcbi . 4AT O cn z n 'iw el Agarr WSJ uEo 'JJAI swu s . 11AI =REM WV 'W101 C n 'JAI ua u mg_!J oaf 'Ws! IIPA+sO X ouueu •.ry\j suaIcbi "4AI III M'sYq 1V101 c . l l � N V al rn A o MYAI llemso Xou • sucbls' N sa IM tyj TVIOL r now • z izi n�4d ulAI uosuug wYAI I lIU ^\SO'JYAI l Actura • uTAT I swearm s wIo1 l 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 / lrr1Y�