Contract No. 1991-04EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 17th day of
January, 1991, between the KODIAK ISLAND BOROUGH (hereinafter
BOROUGH) and Gaye J. Vaughan, (hereinafter CLERK).
WHEREAS, the BOROUGH wishes to continue employing the services
of Gaye J. Vaughan 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 continue employment as CLERK of
said BOROUGH; and
NOW, THEREFORE, BOROUGH and CLERK agree to the following terms
and conditions:
Section 1. Duties and Nature of Emnlovment
(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.
Section 2. Termination of Emolovment and Severance Pa
(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 as 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.
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Page 1 of 4
(B) Clerk may resign her employment as Borough Clerk at any time,
for any reason or £or no reason, by delivering to the presiding
officer of 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
October 1, 1990, through September 30, 1991, unless Clerk's
employment is terminated during that period as provided in Section
2 above. If Clerk's employment is not previously terminated, on or
before September 30, 1991, the parties shall negotiate salary,
benefits, and other conditions of employment for the following
twelve months.
Section 4. Salary
BOROUGH agrees to pay CLERK for her services rendered pursuant
hereto an annual base salary of Fifty-five Thousand Seven Hundred
Four Dollars ($55,704.00) payable in installments at the same time
as other employees of BOROUGH are paid. CLERK'S performance shall
be reviewed every year after the effective date of this agreement.
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 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
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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. Annual and Sick Leave
CLERK shall accrue annual and sick leave at the rate presently in
force for other BOROUGH employees. Upon separation, accrued annual
leave shall be paid to CLERK.
Section 8. Insurance
(A) Health Insurance. BOROUGH agrees to put into force and to
make required premium payments for CLERK for comprehensive medical
and dental plans equal to at least that program provided other
regular employees.
(B) Life Insurance. BOROUGH shall provide CLERK term life
insurance policy in accordance with current Borough personnel
policy.
Section 9. Retirement
BOROUGH agrees to contribute to the Alaska Public Employees
Retirement System for CLERK to the extent presently in force for
other BOROUGH employees.
Section 10. 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 Unites
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
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and pay the amount of any settlement or judgment rendered thereon.
Section 11. 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 October 1 , 1990 and extends
through September 30 , 1991.
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
18th day of January, 1991.
KODIAK ISLAND BOROUGH (BOROUGH)
J L. MC RLAN
SSEMBLY PR NG OFFICER
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CLERK
GAYE AUGHAN, CMC/AAE
BOROUGH CLERK