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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2021 - RESOLUTION 2021-088 APPOINTING VICKI PACE AND COUR Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY September 21, 2021 City Council STAFF Jill Hueser, Chief Judge Ingrid Decker, Legal SUBJECT Resolution 2021-088 Appointing Vicki Pace and Courtenay Patterson as Assistant Municipal Judges of the Fort Collins Municipal Court and Authorizing the Execution of Employment Agreements. EXECUTIVE SUMMARY This item has been amended to replace Exhibit A with a clean version. No changes were made to content. The purpose of this item is to appoint Vicki Pace and Courtenay Patterson as Assistant Municipal Judges for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two year terms. Chief Judge Jill A. Hueser recommends that Ms. Pace and Ms. Patterson be appointed as Assistant Municipal Judges, to serve in the absence of the Chief Judge. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Vicki Pace and Courtenay Patterson as Assistant Municipal Judges for the Fort Collins Municipal Court and authorizes the Mayor to execute employment agreements. Chief Judge Hueser recommends these appointments 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. Ms. Pace is a reputable and q ualified attorney with no disciplinary history who has substantial experience as an attorney practicing both criminal and civil law. Ms. Pace has also worked specifically in municipal law. Ms. Patterson is a reputable and qualified attorney with no disciplinary history and currently serves as an Assistant Judge for the City of Longmont, a Deputy Judge for the City of Loveland, and an Associate Judge for the City of 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. These Assistant Municipal Judges will serve on an as -needed basis and the expense will be covered by the current Municipal Court budget. ATTACHMENTS 1. Vicki Pace Resume (PDF) 2. Courtenay Patterson Resume (PDF) Vicki Marie Pace EDUCATION The George Washington University Law School May 2013 •Graduated with Honors, 3.522 GPA, Thurgood Marshall Scholar (Top Third of Class) •Member of the Executive Board for Mock Trial and the National Security Law Association •Participant in the 2010 Negotiations, 2011 and 2012 Client Counseling, 2011 First Year Mock Trial, and was a Quarterfinalist in Fall 2011 Upper Division Mock Trial University of Colorado, Boulder May 2010 •Graduated with Distinction, 3.877 GPA •Bachelor of Arts in Political Science and International Affairs EXPERIENCE Hall &Evans, Denver, Colorado Special Counsel April 2017 – Present •Ensure that clients understand the litigation process by explaining the applicable law, the case timeline, the purposes of each stage of discovery, and the difference between their and my role. •Draft case evaluations, answers, motions to dismiss, discovery requests and interrogatories, motions in limine, C.R.E 702 motions, and motions for summary judgement. •Successfully defend municipalities in Trinity hearings on governmental immunity. •Take depositions of fact and expert witnesses to ensure a full understanding of all the facts and craft an effective framework for the case. •Participate in case management conferences, discovery dispute hearings, and mediations for a variety of cases including those involving dram shop liability, governmental immunity, and traffic accidents. •Supervise a legal team including associates, paralegals, legal assistants, and file assistants to ensure that the work was appropriately divided and case needs were addressed in the most effective manner. 17th Judicial District Attorney’s Office, Brighton, Colorado Deputy District Attorney March 2014 – April 2017 •First chaired an average of two trials per month; over 50 trials completed. •Responded in hearings on motions to suppress for violations of the US and Colorado constitutions, statutory provisions, and Colorado Rules of Criminal Procedure. •Managed a case load of between 250 and 300 cases from arraignment to probation revocation by prioritizing tasks and effectively communicating with victims, witnesses, defense counsel, police officers, victim advocates, and probation officers. •Supervised and mentored new attorneys and interns in learning office procedures, case management skills, compassionate victim’s assistance, and trial skills. Aurora City Attorney, Aurora, Colorado Legal Fellow September 2013 – March 2014 •Conducted bench and jury trials and negotiated plea agreements for cases involving traffic offenses, assault, battery, fighting, and theft. •Interviewed witnesses and reviewed evidence to ensure the most persuasive presentation of the case. •Gained familiarity with the Colorado Rules of Municipal Procedure, Model Traffic Code for Colorado, and Colorado case law applicable to municipal codes and criminal law. MEMBERSHIPS AND AWARDS Best Lawyers: Ones to Watch, 2021 Colorado Women’s Bar Association, Judicial Committee Member ATTACHMENT 1 COURTENAY PATTERSON Analytical and results-driven Municipal Court Judge, prosecutor, criminal defense, and civil litigation attorney with verifiable success in developing and executing legal and litigation strategies. Articulate strategic planner with versatile legal background and significant supervisory experience. Adept at negotiating, presenting, and resolving complex legal issues with exceptional capabilities in research and calculation of possible risk factors while efficiently determining appropriate courses of action. Expert presentation, interpersonal and relationship-building skills with proven talent for building rapport with individuals on all levels. •Judge •Criminal Prosecutor •Civil Litigator •Extensive Municipal Court Experience •Staff Management Experience •Exceptional Legal Research and Writing PROFESSIONAL EXPERIENCE THORNTON MUNICIPAL COURT – Thornton, Colorado March 2021-Present Associate Judge Preside over Thornton Municipal Court matters, including arraignments, pretrial conferences, and trials involving traffic infractions, traffic offenses, and other municipal violations. LOVELAND MUNICIPAL COURT – Loveland, Colorado April 2020-Present Deputy Judge Preside over Loveland Municipal Court matters, including arraignments, pretrial conferences, and trials involving traffic infractions, traffic offenses, and other municipal violations. LONGMONT MUNICIPAL COURT – Longmont, Colorado November 2019-Present Assistant Judge Preside over Longmont Municipal Court matters, including arraignments, pretrial conferences, and trials involving traffic infractions, traffic offenses, and other violations of the Longmont Municipal Code and Charter. FLATIRON LEGAL – Longmont, Colorado July 2021–Present Contract Criminal Defense Attorney Represent clients in criminal cases. Significant experience handling traffic and other municipal court matters. Successfully and strategically defend clients in municipal and state courts throughout Colorado. LAW OFFICES OF COURTENAY PATTERSON – Longmont, Colorado 2015–Present Managing Attorney Established and manage a successful and growing civil litigation practice. Represent clients in employment, landlord-tenant, breach of contract, and ADA/Title III matters. Litigate cases in Federal and State Court. Experience with Unlawful Termination, Wage Claim Act, Breach of Contract, ADA/Title III, Discrimination, Retaliation/Whistleblower, and RICO claims. Have presented to Colorado Defense Lawyer’s Association (CDLA) regarding ADA/Title III litigation and to the Boulder County Bar Association regarding civil litigation practices and procedures in Boulder District Court. Have successfully represented plaintiffs and defendants in civil cases, and prosecuted and represented defendants in criminal cases in County and Municipal Courts. Handle appellate cases before the Colorado Court of Appeals, and municipal cases appealed to State District Courts. Advise and represent clients in transactional matters, including business entity formation, retirement and severance agreements, as well as drafting employment contracts, independent contractor agreements, leases, releases of liability, and real estate contracts. ARVADA CITY ATTORNEY – Arvada, Colorado February 2019-November 2020 Assistant City Attorney ATTACHMENT 2 Conducted pretrial hearings, motion hearings, court trials and jury trials on municipal code, city ordinance, criminal code and traffic code violations. Negotiated pleas and make offers on cases at Arraignments and Pretrial Conferences. Performed legal research and draft motions and briefs. Supervised post-Bar law clerk in all aspects of prosecution. LOZANO SMITH – Walnut Creek, California 2010–2011 Associate Attorney – Labor and Employment Represented governmental entities, public and private universities, cities, and school districts throughout California. Labor and Employment specialist with extensive experience representing governmental entities at all levels of negotiations, including mediation and arbitration. Conducted trainings and presentations for clients and other attorneys in the areas of labor and employment, facilities, and local governance. Drafted articles for statewide distribution on breaking news related to court decisions on labor and employment, local governance, and litigation impacting public agencies. CONTRA COSTA COUNTY DISTRICT ATTORNEY – Martinez, California 2004–2010 Deputy District Attorney Managed all aspects of the Mental Health Litigation Unit including supervising a 7-person team of attorneys and legal support staff in conducting research, preparing legal documentation, managing case loads and serving on trials teams for specialized felony units. Served on a team with members of the bench and the Bar to develop both a Behavioral Health Court and a Drug Treatment Court in Contra Costa County, which provided alternative sentencing solutions and rehabilitation for criminal offenders either suffering from mental health conditions or chemical dependency and abuse, respectively. Oversaw and conducted filings, pre-trial conferences, depositions, legal research/writing, litigation, and strategy development for case load of more than 100 cases. Interfaced with internal and third-party legal counsel. Crafted and delivered oral arguments to juries, judges, arbitrators, and mediators. Managed Felony Law and Motion Unit and supervised junior attorneys’ and law clerks’ legal research, writing, and oral arguments in court. Captured 100% win rate for litigation involving sexually violent predators, despite rapidly and frequently changing laws, as well as due process and constitutional challenges to civil confinement for convicted felons. Selected as District Attorney’s Office Liaison on policy and regulatory matters with state and local agencies. UNITED STATES ATTORNEY’S OFFICE – San Francisco, CA. January 2004 – May 2004 Law Clerk Independent responsibility for cases, including negotiation of plea agreements and sentencing. Negotiation of case settlements and resolution of other litigation-related conflicts. Expertise in substantive and procedural elements of Federal law. EDUCATION & AWARDS Juris Doctor Santa Clara University School of Law – Santa Clara, California **Honors Moot Court Competition Quarter-Finalist & Galloway Moot Court Competition Semi-Finalist** Bachelor of Arts, Summa Cum Laude in Psychology, with Business Administration Minor University of Colorado – Boulder, Colorado ** Member of Psi Chi National Psychology Honor Society & Order of Omega** PROFESSIONAL MEMBERSHIPS 20th District Judicial Nominating Commission ~ Colorado Municipal Judges Association Board of Directors Hover Senior Living Community Board of Directors ~ Faculty of Federal Advocates Pro Bono Panel Colorado Women’s Bar Association ~ Boulder County Bar Association ~ Colorado Bar Association REFERENCES Robert Frick Presiding Judge Longmont Municipal Court (303) 774-4804 robert.frick@longmontcolorado.gov Susan Blanco Chief Judge 8th Judicial District (970) 494-3620 susan.blanco@judicial.state.co.us Geri Joneson Presiding Judge Loveland Municipal Court (970) 962-2482 geri.joneson@cityofloveland.org Shana Beggan Attorney at Law Alonzi, Pellow, Beggan, LLC (303) 825-9600 shana@apblaw.net Charles Rose Presiding Judge City of Thornton (720) 977-5400 charles.rose@cityofthornton.net April Murtha Attorney at Law AM Law, LLC 720-592-8514 april@amlawcolorado.com -1- RESOLUTION 2021-088 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING VICKI PACE AND COURTENAY PATTERSON AS ASSISTANT MUNICIPAL JUDGES OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE EXECUTION OF EMPLOYMENT AGREEMENTS 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, the City Council has previously appointed Judge Brown, Judge Kline, and Judge Nieto as Assistant Municipal Judges; and WHEREAS, in 2021, one previously appointed Assistant Municipal Judge retired and another accepted a full-time magistrate position in the Adams County District Court; and WHEREAS, because the current Assistant Municipal Judges also have other work outside the City, there have still been multiple occasions where none of them were available to provide backup coverage for Chief Judge Jill Hueser; and WHEREAS, Chief Judge Hueser is therefore recommending that the City Council appoint two additional Assistant Municipal Judges, Vicki Pace and Courtenay Patterson, as back- up for herself; and WHEREAS, the City Council recognizes that Vicki Pace and Courtenay Patterson are reputable and qualified attorneys, both of whom are licensed to practice law in the state of Colorado, and wishes to appoint Ms. Pace and Ms. Patterson 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 Vicki Pace and Courtenay Patterson are hereby appointed Assistant Municipal Judges, for a term beginning September 21, 2021, and ending September 20, 2023, to serve as Assistant Municipal Judges for the City as deemed necessary by the Chief Judge. Section 3. That the compensation to be paid by the City to Ms. Pace and Ms. Patterson 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 between the City and Vicki Pace in a form consistent with Exhibit “A”, attached hereto and incorporated herein by reference, and to enter into an employment agreement between the City and Courtenay Patterson in a form consistent with Exhibit “B”, attached hereto and -2- incorporated herein by reference, both for the period of September 21, 2021, through September 20, 2023, to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of September, A.D. 2021. ____________________________________ Mayor ATTEST: ________________________________ Interim City Clerk EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 21st day of September, 2021, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Vicki Pace, 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 2021-088, the City Council has approved the appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter into an Employment Agreement with the Employee; 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 City of Fort Collins 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 September 21, 2021, to and including September 20, 2023. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. EXHIBIT A Vicki Pace Employment Agreement September 21, 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: Vicki Pace 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 is entitled to receive and use paid sick leave benefits provided to hourly City employees as described in the City’s Personnel Policies and Procedures. EXHIBIT A Vicki Pace Employment Agreement September 21, 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 or City Council-appointed 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. (c) 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 with her employment with the City (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 with the City 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 Vicki Pace Employment Agreement September 21, 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. Conflict Avoidance The Employee acknowledges that she is separately employed by the Colorado law firm Hall & Evans. The Employee further acknowledges that Hall & Evans represents the City in various litigation matters. The Employee agrees to avoid carrying out her duties and responsibilities as an Assistant Municipal Judge in a way that interferes with her duty to serve as a fair and impartial municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest that would interfere with the work of Hall & Evans for the City, and further agrees that she will not work on any of the City’s litigation matters under the auspices of her employment with Hall & Evans. 9. 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. 10. 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. 11. 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. 12. 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 Vicki Pace Employment Agreement September 21, 2021 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Jeni James Arndt, Mayor ATTEST: Interim City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney EMPLOYEE: Vicki Pace, 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. 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. EXHIBIT B EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 21st day of September, 2021, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Courtenay Patterson, 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 2021-088, 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 P olicies 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 September 21, 2021, to and including September 20, 2023. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. EXHIBIT B Courtenay Patterson Employment Agreement September 21, 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: Courtenay Patterson 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 B Courtenay Patterson Employment Agreement September 21, 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 B Courtenay Patterson Employment Agreement September 21, 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 B Courtenay Patterson Employment Agreement September 21, 2021 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Jeni James Arndt, Mayor ATTEST: Interim City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney EMPLOYEE: Courtenay Patterson, Esq. APPROVED: Chief Human Resources Officer APPROVED: Chief Judge Jill A. Hueser EXHIBIT B 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.