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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/18/2021 - RESOLUTION 2021-059 REAPPOINTING BRANDI LYNN NIETO Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 18, 2021 City Council STAFF Jill Hueser, Chief Judge Ingrid Decker, Legal SUBJECT Resolution 2021-059 Reappointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to reappoint Brandi Lynn Nieto as Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2) year terms. This will be Judge Nieto’s second term. Chief Judge Jill A. Hueser recommends that Judge Nieto be reappointed as Assistant Municipal Judge, to serve in the absence of the Chief Judge. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution reappoints Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court and authorizes the Mayor to execute an employment agreement. Chief Judge Hueser recommends this reappointment to provide adequate relief judge resources to cover vacation and sick leave as well as cases where there may be a conflict for one or more judges. Judge Nieto is a reputable and qualified attorney who has substantial experience as a Municipal Judge for other Colorado courts and has served the Fort Collins Municipal Court admirably for the last two years. Judge Nieto has been an attorney since 2003 with no disciplinary history and currently serves as a relief judge for Loveland, Longmont, and Thornton. CITY FINANCIAL IMPACTS The proposed rate of pay of $85 per hour is in line with the rate being paid by other Municipal Courts in the front range. This Assistant Municipal Judge will serve on an as -needed basis and the expense will be covered by the current Municipal Court budget. -1- RESOLUTION 2021-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING BRANDI LYNN NIETO AS AN ASSISTANT MUNICIPAL JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII of the City Charter provides that the City Council shall appoint the judge or judges of the Municipal Court for two year terms; and WHEREAS, on May 21, 2019, the City Council appointed Brandi Lynn Nieto as an Assistant Municipal Judge as back up for Chief Judge Jill Hueser and Assistant Judge Teresa Ablao, and Judge Nieto has served admirably; and WHEREAS Judge Nieto’s current term expires on May 21, 2021, and the Chief Judge has recommended that City Council reappoint Judge Nieto for another two-year term; and WHEREAS, the City Council recognizes that Brandi Lynn Nieto is a reputable and qualified attorney and wishes to reappoint her to serve in such capacity on the recommendation of the Chief Judge. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Brandi Lynn Nieto is hereby appointed Assistant Municipal Judge, for a term beginning May 22, 2021, and ending May 21, 2023, to serve as an Assistant Municipal Judge for the City as deemed necessary by the Chief Judge. Section 3. That the compensation to be paid by the City to Ms. Nieto for serving in this capacity shall be at the rate of Eighty-Five Dollars ($85) per hour. Section 4. That the Mayor is hereby authorized to enter into an employment agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this reference, for the period of May 22, 2021, through May 21, 2023, between the City and Brandi Lynn Nieto to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of May, A.D.2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 18th day of May, 2021, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Brandi Lynn Nieto, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal Judge and the Employee wishes to provide her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2021-058 the City Council has approved of the appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter into an Employment Agreement; and WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and requirements regarding the employment of the Employee by the City. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and the Employee do hereby agree to the following: 1. Scope of Services The City agrees to employ the Employee as Assistant Municipal Judge and the Employee agrees to perform all functions and duties as specified in the job description attached hereto as Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be assigned. 2. Compensation The Employee shall be compensated at the regular rate of Eighty-Five Dollars ($85.00) per hour, less deductions and withholdings required by law, or authorized by Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in coordination with the Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay. 3. Term of Employment (a) The term of this Agreement shall be from May 22, 2021, to and including May 21, 2023. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 2 of 5 (b) It is understood and agreed to by the Employee that upon termination of this Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other than as provided in Paragraphs 2 and 6 of this Agreement. 4. Early Termination (a) Either party may terminate this Agreement at any time with or without cause prior to the expiration of the term hereof by providing written notice of termination to the other party at least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion, provide the Employee with fifteen (15) calendar days' compensation at her regular rate in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into the United States mail, postage prepaid, addressed as follows: TO THE EMPLOYEE: Brandi Lynn Nieto At last known address on file with the Human Resources Department TO THE CITY: City of Fort Collins, Colorado Chief Judge Jill A. Hueser P.0. Box 580 Fort Collins, CO 80522 (b) The City has appropriated funds in the current fiscal year to meet the obligations of this Agreement through the current fiscal year. This Agreement shall terminate at the end of the City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to appropriate funds beyond the current fiscal year. 5. Insurance Coverage; Vacation, Holiday and Sick Leave The Employee shall not be entitled to the medical insurance plans, dental insurance plans, vision plan, life and accidental death and dismemberment insurance plans, long term disability plan, an Employee Assistance Program, retirement or deferred compensation plans, or any other group insurance plan or other benefits that may be offered to some other City employees. The Employee shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or any other sort of paid leave as may be available to some other City employees except that the Employee shall be credited for and is entitled to receive those sick leave benefits provided to hourly City employees. EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 3 of 5 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and the City Council-adopted Respectful Workplace Policy and agrees that she shall comply with and be bound by all provisions that apply to contractual employees. The Employee acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or otherwise change any and all policies and procedures in the Personnel Policies and Procedures and the Respectful Workplace Policy adopted by the City Council at any time. (b) Although the City’s Personnel Policies and Procedures and the City Council- adopted Respectful Workplace Policy contain examples of types of disciplinary action including dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4 above. In the event that any applicable personnel policies set forth in the City’s Personnel Policies and Procedures or the City Council-adopted Respectful Workplace Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling. 7. Proprietary Rights (a) The Employee will disclose to the City promptly all improvements, discoveries, ideas, inventions, and information pertinent to the operation or functions of the City which the Employee may develop either individually or in conjunction with others, or of which existence the Employee may otherwise learn during the period of employment by the City. (b) The Employee agrees that all products which she may develop during the Employee's employment, whether individually or in conjunction with others, and all intermediate and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like created in connection therewith (collectively referred to as “Work Product”), and any formulae, processes, logarithms, ideas and other information not generally known to the public, whether or not protected by copyright, and developed or generated by the Employee in the course of the Employee's employment hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable works, fixation in a tangible medium of expression. (c) The Employee hereby assigns to the City the sole and exclusive right, title and interest in and to all Work Product, and all copies of such Work Product, without further consideration. The EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 4 of 5 Employee further acknowledges that the City shall retain ownership of and the right to reproduce, market, license, or otherwise distribute any program or material produced by the Employee under the terms of this Agreement. 8. Entire Agreement This Agreement constitutes the entire agreement between the parties concerning the rights granted herein and the obligations assumed herein. Any oral representation or oral modification concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in the City's Personnel Policies and Procedures and the City Council-approved Respectful Workplace Policy may be amended, modified, supplemented or rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is further understood and agreed by the Employee that no representation, promise or other agreement not expressly contained herein has been made to induce the execution of this Agreement, and that the terms of this Agreement are contractual and not merely recitals. 9. Enforcement of Agreement; Attorneys' Fees and Costs If any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it or she is entitled. 10. Severability Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and enforceability of the remaining parts, terms and provisions should not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement. 11. Binding Effect This Agreement shall be binding upon the parties hereto and the heirs, successors and assigns of each respectively. The City and the Employee freely and voluntarily enter into this Agreement and have executed this Agreement having first read the same and intending to be bound. EXHIBIT A Brandi Lynn Nieto Employment Agreement May 18, 2021 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Jeni James Arndt, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney EMPLOYEE: Brandi Lynn Nieto, Esq. APPROVED: Chief Human Resources Officer APPROVED: Chief Judge Jill A. Hueser EXHIBIT A EXHIBIT A JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During arraignment sessions (including video advisements of prisoners held at the Larimer County Jail), the Assistant Municipal Judge shall give the advisements (or ensure that written advisements have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions, the Assistant Municipal Judge shall conduct the trials in accordance with the laws and procedures applicable to the Court.