HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2021 - ITEMS RELATING TO THE EMPLOYMENT AGREEMENTS OF THE Agenda Item 23
Item # 23 Page 1
AGENDA ITEM SUMMARY December 7, 2021
City Council
STAFF
Karen Burke, Human Resources Director
Jenny Lopez Filkins, Legal
SUBJECT
Items Relating to the Employment Agreements of the City Attorney and Chief Judge.
EXECUTIVE SUMMARY
A. Resolution 2021-116 Authorizing the First Addendum to City Attorney Carrie Daggett’s Employment
Agreement.
B. Resolution 2021-117 Authorizing the First Addendum to Chief Judge Jill Hueser’s Employment
Agreement.
The purpose of this item is to make amendments to the employment agreements of the City Attorney and Chief
Judge relating to the City’s ICMA-RC retirement plan recordkeeper.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BACKGROUND / DISCUSSION
On October 5, 2021, City Council adopted Resolution 2021-090, authorizing the execution of retirement plan
adoption agreements to finalize plan changes to the 457(b) deferred compensation plan and service area
directors and Council employees 401(a) plan (“Retirement Accounts”). Such changes shifted the City’s
matching contribution for the City Attorney and Chief Judge from the City -sponsored 457 plan to the service
area directors and Council employees 401(a) plan and do not increase City costs but allow City Attorney
Daggett and Chief Judge Hueser to maximize their own contributions to their 457 plan accounts.
These Resolutions will allow the changes to City Attorney Daggett and Chief Judge Hueser’s employment
agreements to reflect amendments that were made to the Retirement Acco unts and correct the reference to
the City’s retirement recordkeepers.
In addition, Resolution 2021-117 shifts the timing of Chief Judge Hueser’s employment agreement to run from
January 2022 to January 2024. By Charter the contracts for municipal judges have a two-year term. Chief
Judge Hueser’s initial employment agreement began in July 2020, running to July 2022. The proposed shift
puts the timing of her two-year agreement more in line with other employment-related actions.
-1-
RESOLUTION 2021-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE FIRST ADDENDUM TO
CITY ATTORNEY CARRIE DAGGETT’S EMPLOYMENT AGREEMENT
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is
responsible for appointing the City Attorney; and
WHEREAS, on March 17, 2015, the City Council appointed Carrie Daggett as City
Attorney and approved Ms. Daggett’s employment agreement; and
WHEREAS, Carrie Daggett’s employment agreement contains language referring to
ICMA-RC as the City’s retirement plan recordkeeper;
WHEREAS, with Resolution 2020-077, the City of Fort Collins transitioned to a different
retirement plan recordkeeper and the City Council authorized execution of numerous retirement
plan adoption agreements establishing retirement benefits for City employees, including Ms.
Daggett; and
WHEREAS, with Resolution 2021-090, the City Council authorized execution of
retirement plan adoption agreements to finalize plan changes to the 457(b) deferred
compensation plan and service area directors and Council employees 401(a) plan (“Retirement
Accounts”); and
WHEREAS, such changes shifted the City’s matching contribution for the City Attorney
from the City-sponsored 457 plan to the service area directors and Council employees 401(a)
plan;
WHEREAS, such changes do not increase City costs but allow Ms. Daggett to maximize
her own contributions to her 457 plan account; and
WHEREAS, the City Council wishes to make changes to Ms. Daggett’s employment
agreement to reflect amendments that were made to the Retirement Accounts and correct the
reference to the City’s retirement recordkeepers.
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 the Mayor is hereby authorized to execute a First Addendum to
Employment Agreement between the City and Carrie Daggett, attached hereto as Exhibit “A”
and incorporated herein by reference, to correctly refer to the City’s retirement recordkeeper and
-2-
update pension and deferred compensation benefits section in accordance with retirement plan
changes City Council previously approved effective October 1, 2021.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of December, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
FIRST ADDENDUM TO CITY ATTORNEY EMPLOYMENT AGREEMENT
THIS FIRST AMENDMENT to Employment Agreement (the “Agreement”) is made and
entered into this ___ day of December, 2021, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter called the “City” and CARRIE M.
DAGGETT, hereinafter called the “Employee”.
WITNESSETH:
WHEREAS, the City and Employee have previously entered into that certain
Employment Agreement dated March 26, 2015 (hereinafter referred to as the “Agreement”);
WHEREAS, The City and the Employee have recognized the need to amend the
Agreement and have worked cooperatively to identify and address issues of mutual interest.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements herein contained, as well as other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as
follows:
1.Section 6. A. (1) is amended to read in its entirety as follows:
(1)At any time during the term of this Agreement, but not more than twice annually,
the Employee may elect to receive the cash equivalent of a portion of her accrued,
unused vacation, based upon her then current rate of pay; provided, however, that
no more than one hundred twenty (120) hours of accrued, unused vacation leave
may be converted to a cash payment in any given calendar year. The amount of
said payment shall be based upon the Employee’s current rate of pay at the time
of conversion. To the extent permitted by law, Employee shall be entitled to
direct that any such payment be deposited into the City’s 457 deferred
compensation plan through the City’s retirement recordkeeper.
2.Section 6. A.(3) is amended to read in its entirety as follows:
(3) Upon the cessation of the Employee’s employment with the City, whether by
termination, death, disability, resignation or otherwise, the Employee shall be
compensated by cash payment for the total amount of her accrued, unused
vacation leave balance. The amount of said payment shall be based upon the
Employee’s then current rate of pay. Any payment made to the Employee by the
City under this provision shall be in addition to any amounts previously paid for
accrued, unused vacation leave under subparagraph (2) above and any other
amounts payable to the Employee under this Agreement. To the extent permitted
by law, Employee shall be entitled to direct that any such payment be deposited
EXHIBIT A
into the City’s 457 deferred compensation plan through the City’s retirement
recordkeeper.
3. Section 6. B. is amended to read in its entirety as follows:
B. The parties acknowledge that Employee has accrued, or reasonably expects to
accrue, a significant balance of vacation during the 2015 calendar year, in light of position
vacancies in the City Attorney’s Office and extraordinary interim and transitional demands on
her time. Accordingly, Employee may elect at any time during 2015 to receive a one-time
payment of the cash equivalent of up to an additional one hundred and twenty (120) hours of
accrued, unused vacation, in addition to that amount available to her pursuant to Section 6(A).
The amount of said payment shall be based upon Employee’s 2015 rate of pay as interim City
Attorney. To the extent permitted by law, Employee shall be entitled to direct that any such
payment be deposited into the City’s 457 deferred compensation plan through the City’s
retirement recordkeeper.
4. Section 8 is hereby amended to read in its entirety as follows:
Section 8. PENSION AND DEFERRED COMPENSATION BENEFITS .
The City agrees to execute all necessary agreements provided by the City’s retirement
recordkeeper for Employee’s participation in a City-sponsored 401A qualified retirement plan,
and, in addition to the base salary paid by the City to Employee, the City agrees to pay on
Employee’s behalf an amount equal to ten percent (10%) of Employee’s base salary into such
qualified retirement plan, in equally proportioned amounts each pay period, and, effective
October 1, 2021, to make a matching contribution equal to 100% of the Employee’s elective
deferrals that do not exceed 4.5% of her annual base salary. Notwithstanding the language of the
Employee’s original employment agreement, since six months after the Employee’s employment
started with the City in 1995, the City benefit available at that time allowed her to choose a 4.5%
employee contribution, which the City matched. Since 1995, the terms of her employment have
included a matching City contribution to her 457 account equal to 4.5% of her annual base
salary. The City further agrees to roll over into another qualified retirement plan or to transfer
Employee’s ownership in the 401A plan to her succeeding employer’s qualified plan upon
Employee’s resignation or termination, to the extent such a rollover or transfer is allowed by law
and the terms of the City’s plan. In addition, Employee is eligible to participate in the City’s 457
deferred compensation plan through its retirement recordkeeper.
Except as set forth herein, the terms of the Agreement as amended by the First Addendum to
Employment Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, and the Employee has
signed and executed this Agreement, both in duplicate, the day and year first above written.
EXHIBIT A
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
Date: By:
Jeni Arndt, Mayor
ATTEST:
________________________
City Clerk
EMPLOYEE:
_______________________________________
Carrie M. Daggett
EXHIBIT A
-1-
RESOLUTION 2021-117
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE FIRST ADDENDUM TO
CHIEF JUDGE JILL HUESER’S EMPLOYMENT AGREEMENT
WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is
responsible for appointing the Chief Judge; and
WHEREAS, with Resolution 2020-049, the City Council appointed Jill Hueser as Chief
Judge and approved Ms. Hueser’s employment agreement; and
WHEREAS, such appointment was effective July 6, 2020; and
WHEREAS, with Resolution 2021-090, the City Council authorized execution of
retirement plan adoption agreements to finalize plan changes to the 457(b) deferred
compensation plan and service area directors and Council employees 401(a) plan (“Retirement
Accounts”); and
WHEREAS, such changes shifted the City’s matching contribution for the City Attorney
from the City-sponsored 457 plan to the service area directors and Council employees 401(a)
plan;
WHEREAS, such changes do not increase City costs but allow Ms. Hueser to maximize
her own contributions to her 457 plan account; and
WHEREAS, the City Council wishes to make changes to Ms. Hueser’s employment
agreement to reflect amendments that were made to the Retirement Accounts and correct the
reference to the City’s retirement recordkeepers; and
WHEREAS, the performance evaluation of the Chief Judge takes place toward the end of
each calendar year and any pay adjustments would be effective the beginning of the following
year; and
WHEREAS, the term of Ms. Hueser’s employment agreement currently runs from July 6
2020 to July 5, 2022; and
WHEREAS, the City Council wishes to make changes to Ms. Hueser’s employment
agreement to reflect a term that runs from January 1, 2022 to January 1, 2024.
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.
-2-
Section 2. That the Mayor is hereby authorized to execute a First Addendum to
Employment Agreement between the City and Jill Hueser, attached hereto as Exhibit “A” and
incorporated herein by reference, to update the pension and deferred compensation benefits
section in accordance with retirement plan changes City Council previousl y approved effective
October 1, 2021, and to change the term of the agreement.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of December, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
FIRST ADDENDUM TO CHIEF JUDGE EMPLOYMENT AGREEMENT
THIS FIRST ADDENDUM to Employment Agreement (the “Agreement”) is made and
entered into this ___ day of December, 2021, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter called the “City” and JILL HUESER,
hereinafter called the “Employee”.
WITNESSETH:
WHEREAS, the City and Employee have previously entered into that certain
Employment Agreement dated July 6, 2020 (hereinafter referred to as the “Agreement”);
WHEREAS, the City and the Employee have recognized the need to amend the
Agreement and have worked cooperatively to identify and address issues of mutual interest.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements herein contained, as well as other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as
follows:
1.Section 2. B. is amended to read in its entirety as follows:
B.The Employee agrees to remain in the exclusive employ of the City as Chief
Judge from January 1, 2022 until January 1, 2024 and neither to seek or accept other
employment nor to become employed by any other employer until after said termination
date, unless the employment of the Employee is terminated earlier as herein provided.
City Council may grant express permission for non-legal (non-attorney and non-judicial)
employment that will not interfere with the duties of the Chief Judge by motion or in a
writing, including any conditions or limitations on such other employment.
2.Section 8 is hereby amended to read in its entirety as follows:
Section 8. PENSION AND DEFERRED COMPENSATION BENEFITS.
The City agrees to execute all necessary agreements provided by the City’s retirement
recordkeeper for Employee’s participation in a City-sponsored 401A qualified retirement plan,
and, in addition to the base salary paid by the City to Employee, the City agrees to pay on
Employee’s behalf an amount equal to ten percent (10%) of Employee’s base salary into such
qualified retirement plan, in equally proportioned amounts each pay period. Effective October 1,
2021, the City agrees to make a matching contribution in the 401A plan equal to 100% of the
Employee’s elective deferrals that do not exceed 3% of her annual base salary. The City further
agrees to roll over into another qualified retirement plan or to transfer Employee’s ownership in
the 401A plan to her succeeding employer’s qualified plan upon Employee’s resignation or
EXHIBIT A
termination, to the extent such a rollover or transfer is allowed by law and the terms of the City’s
plan. In addition, Employee is eligible to participate in the City’s 457 deferred compensation
plan through its retirement recordkeeper.
Except as set forth herein, the terms of the Agreement as amended by the First Addendum to
Employment Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF, the City has caused this Agreement to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, and the Employee has
signed and executed this Agreement, both in duplicate, the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
Date: By:
Jeni Arndt, Mayor
ATTEST:
________________________
Interim City Clerk
EMPLOYEE:
_______________________________________
Jill Hueser
EXHIBIT A