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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/07/2021 - SECOND READING OF ORDINANCE NO. 099, 2021, TEMPORA Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY September 7, 2021 City Council STAFF Teresa Roche, Chief Human Resources Officer Jenny Lopez Filkins, Legal SUBJECT Second Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the Compensation of the Interim City Manager. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 4, 2021, to sets the compensation and terms of the Interim City Manager appointment. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 4, 2021 (w/o attachments) (PDF) 2. Ordinance No. 099, 2021 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY August 4, 2021 City Council STAFF Teresa Roche, Chief Human Resources Officer Jenny Lopez Filkins, Legal SUBJECT Items Relating to the Appointment of Interim City Manager. EXECUTIVE SUMMARY A.Resolution 2021-078 Appointing an Interim City Manager. B.First Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting the Compensation of the Interim City Manager. The purpose of these two items is to appoint an Interim City Manager and to set the compensation and terms of the Interim City Manager appointment. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION This Resolution appoints an Interim City Manager due to the resignation of current City Manager Darin Atteberry effective August 20. ARTICLE III. of the City Charter provides that the City Council shall appoint and fix the compensation of a City Manager, who shall be the chief executive officer and head of the administrative branch of the city government. The City Manager shall be appointed based on his or her executive and administrative qualifications, with special reference to actual experience in and knowledge of accepted practice in respect to the duties of the office. Prior to appointment, the City Manager need not be a resident of the city, but during his or her tenure in office the City Manager shall reside within the city. On July 20, 2021, the City Council approved the Interim City Manager position description, the salary range and anticipated hiring range provided by staff and the position was posted internal only for five days. There was one applicant for the Interim City Manager position, Deputy City Manager Kelly DiMartino. On July 26, 2021, the City Council discussed the candidate for the Interim City Manager decision and indicated that they are satisfied that Ms. DiMartino has the necessary qualifications, and no further review process is necessary. If approved, this resolution appoints Kelly DiMartino to be Interim City Manager effective August 21, 2021. On July 26, 2021, the City Council expressed interest in Mayor Pro Tem Emily Gorgol and Councilmember Susan Gutowsky consulting with the Chief Human Resources Officer before August 4, 2021, to review the terms and conditions of this appointment. The proposed terms are addressed in the Ordinance presented for consideration on First Reading as part of this item. ATTACHMENT 1 ORDINANCE NO. 099, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS TEMPORARILY SUPERSEDING CITY CODE AND SETTING THE COMPENSATION OF THE INTERIM CITY MANAGER WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Manager; and WHEREAS, Darin Atteberry, City Manager of the City of Fort Collins since 2004, submitted his resignation, effective August 20, 2021; and WHEREAS, the City is committed to compensating its employees in a fair and competitive manner; and WHEREAS, the City Council, through adoption of Resolution 2021-078, has appointed Deputy City Manager Kelly DiMartino as the Interim City Manager; and WHEREAS, this interim appointment will continue in effect until such time as the City Council officially appoints the new City Manager or such earlier time as the City Council may subsequently determine to be in the best interest of the City; and WHEREAS, Fort Collins City Code Section 2-596 sets the base salary of the City Manager at two hundred seventy-eight thousand, four hundred seventy-five dollars ($278,475) per annum; and WHEREAS, the City Council believes, based up on the added responsibilities placed on the Deputy City Manager, that the base salary of the Interim City Manager should be established at the amount of $ 231,573, effective as of August 21, 2021; and WHEREAS, the City Council would like to also consider other terms of the Interim City Manager appointment as set forth below. NOW, THEREFORE, BE IT ORDAINED 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 the City Council hereby temporarily supersedes Fort Collins Municipal Code Section 2-596 and sets the base salary of the Interim City Manager at $231,573, to be made effective retroactive to the date of the appointment of the Interim City Manager. -1- Section 3. That the City Council hereby grants the Interim City Manager the following additional compensation and benefits, together with the benefits otherwise provided to her as a City employee: a. Increase the vacation rollover accrual cap to 780 hours during the interim appointment; and b. At the end of the interim appointment allow the Interim City Manager to elect to receive a cash payout of unused, accrued vacation time up to 120 hours. Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2021, and to be presented for final passage on the 7th day of September, A.D. 2021. Mayor ATTEST: Interim City Clerk Passed and adopted on final reading on 7th day of September, A.D. 2021. Mayor ATTEST: Interim City Clerk