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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2000 - RESOLUTION 2000-123 ESTABLISHING A PROCESS FOR EVA AGENDA ITEM SUMMARY ITEM NUMBER: 24 DATE: October 3, 2000 FORT COLLINS CITY COUNCIL FROM Steve Roy SUBJECT: Resolution 2000-123 Establishing a Process for Evaluating the Performance of the City Manager, City Attorney and Municipal Judge. RECOMMENDATION: Staff and the Governance Committee recommends adoption of the Resolution. EXECUTIVE SUMMARY: The Council Governance Committee has met with the City Manager, City Attorney and Municipal Judge on two occasions to discuss the process for performing the annual performance evaluation of these employees. The Governance Committee and these three employees have recommended to the Council the adoption of this Resolution which would standardize the process for conducting these evaluations. BACKGROUND: Under the City Charter,the City Manager,City Attorney and Municipal Judge are appointed by the City Council and are subject to the supervision of the Council. Historically, the Council has conducted two performance reviews each year of these employees. The first, which is conducted in midsummer, is an informal review. The second, which is conducted each fall, is a more formal review that involves written evaluations completed by the Council with input from certain city employees and members of the community. During the course of Council's discussions with the employees each fall, compensation requests of the employees are also considered by the Council, as well as any proposed contract revisions. The Council Governance Committee has recently met with the City Manager, City Attorney and Municipal Judge to discuss the process for conducting their performance reviews and determining their compensation, and the following joint recommendations have emerged from those discussions: ♦ The employees should be provided a copy of each Councilmember'swritten evaluation, as well as the composite form. ♦ The entire Executive Lead Team should participate in the City Manager'sevaluation,and at least some members of the ELT should participate in the City Attorney's evaluation each year. DATE: October 3, 2000 2 ITEM NUMBER: 24 ♦ The City Manager and City Attorney should continue to provide a suggested list of names of community members who have had an opportunity to observe their performance over the year. From these names, and any other names submitted by the Council, the Mayor and Mayor Pro Tern should select at least four community members to participate in the evaluation. ♦ The identities of all persons participating in the process should be made known to the Council and to the respective employees. ♦ Councilmembers who have negative comments about an employee'sevaluation should meet individually with the employee to discuss those concerns. All other Councilmembers should be encouraged to meet with the employees as well. ♦ With regard to the performance review of the Municipal Judge, all employees of the Municipal Court and municipal court prosecutors should regularly participate in the Municipal Judge's performance review. In addition, evaluation forms should be made available to all defendants, prosecution and defense witnesses, attorneys and other participants in the Municipal Court and liquor licensing processes. ♦ Compensation and contract revision requests should be submitted in advance of the performance reviews. Information regarding comparable salaries and benefits in other Front Range cities should be provided to the Council by mid-October of each year. The proposed Resolution would spell out the steps for evaluating each of these employees and would establish time frames to ensure that the evaluations are completed in a timely fashion. Because the processes for the Municipal Judge differ significantly from the process for the City Manager and City Attorney the Resolution has been divided into two sections. • RESOLUTION 2000-123 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A PROCESS FOR EVALUATING THE PERFORMANCE OF THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL JUDGE WHEREAS,the City Manager,City Attorney and Municipal Judge are appointed by the City Council under the provisions of the City Charter; and WHEREAS,the Municipal Judge is appointed for a two-year term,and the City Manager and City Attorney serve terms of indefinite duration; and WHEREAS,the Council is responsible for supervising the performance of all three of these employees and fixing their compensation; and WHEREAS, it is essential that these employees perform their duties with integrity, professionalism and effectiveness; and WHEREAS,the Council meets with these employees semi-annually in executive session to review their performance,with the more formal review taking place in November of each year; and WHEREAS, the Council wishes to standardize the process for conducting these annual performance reviews, and to adopt procedures that will help ensure a fair and unbiased evaluation of the employees'performance. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the annual,formal evaluation of the City Manager and City Attorney (the "Employees") shall be conducted in accordance with the following guidelines: A. A written evaluation of each Employee's performance shall be completed by all councilmembers on forms prepared by the Director of Human Resources in consultation with the Mayor,Mayor Pro Tern and the affected Employee. The form completed by each councilmember shall be provided to the affected Employee and to each member of the Council, together with a composite of all such completed forms. B. The Employees shall provide to the City Council self-evaluations containing such information as they may consider appropriate. C. Each member of the Executive Lead Team will be asked to provide to the Council a written evaluation of the City Manager's performance, on forms prepared by the Director of Human Resources in consultation with the Mayor,Mayor Pro Tem and • City Manager, with a copy of each completed form to be provided to the City Manager,as well as the Council. The identities of the persons completing each form shall be made known to all councilmembers and to the City Manager. D. At least three members of the Executive Lead Team will be asked to provide to the Council a written evaluation of the City Attorney's performance, on forms prepared by the Director of Human Resources in consultation with the Mayor,Mayor Pro Tem and City Attorney, with a copy of each completed form to be provided to the City Attorney, as well as the Council. The members of the Executive Lead Team to be included in the evaluation process will be selected by the Mayor and Mayor Pro Tem. The identities of the persons completing each form shall be made known to all councilmembers and to the City Attorney. E. Each Employee shall,no later than October 10 of each year,provide to the Council the names of at least five community members who have had occasion to observe the Employee's performance during the preceding year. Councilmembers may, on or before October 15,submit to the Mayor and Mayor Pro Tem the names of additional community members to be contacted regarding the Employees'performance. The Mayor and Mayor Pro Tem shall together select no less than four community members from the submitted names to participate in the evaluation process of each Employee by completing evaluation forms prepared by the Director of Human Resources in consultation with the Mayor, Mayor Pro Tem and the affected Employee. The completed forms, together with any supplemental information provided by such persons, shall be provided to each councilmember and to the affected Employee,and the identities of the persons completing each such form shall be made known to all councilmembers and the affected Employee. F. No later than October 31 of each year, all completed evaluation forms and supplemental materials referenced in Section A through E above shall be submitted to the Human Resources Director for distribution to the Council and the affected Employee. G. Before or after the Employees'executive session discussions with the Council, any councilmember submitting any ratings or comments on his or her written evaluation indicating that either Employee's performance is unsatisfactory shall meet individually with such Employee to discuss such areas of concern. All other councilmembers, irrespective of their evaluation of the Employees, are encouraged to also meet individually with the Employees to discuss their performance. H. On or before October 15 of each year,the Human Resources Director shall provide to the Council and each Employee pertinent information regarding the total compensation paid to the persons holding comparable positions of employment in other comparable Colorado Front Range cities, together with any other information that may be considered pertinent by the Council or the Employees. Prior to their 2 • evaluations,the Employees shall provide to the Council their compensation requests for the ensuing year, together with any proposed contract revisions. I. No later than the second regular Council meeting in November of each year, the Council shall consider on first reading an ordinance setting the salaries of the Employees for the ensuing year. Said ordinance shall be adopted on second reading, together with a resolution addressing any revisions to the Employees'contracts for the ensuing year, no later than the first meeting in December. Section 2. That the annual,formal evaluation of the Municipal Judge shall be conducted in accordance with the following guidelines: A. A form for evaluation of the Municipal Judge's performance shall be prepared by the Human Resources Director in consultation with the Mayor, Mayor Pro Tern and Municipal Judge and distributed to each councilmember on or before October 15 of each year. The form shall address the Municipal Judge's judicial duties, administrative duties and Liquor Licensing Authority duties. The forms completed by each councilmember shall be provided to the Municipal Judge and to each member of the Council, together with a composite of all such completed forms. If an individual councilmember believes that he or she is not sufficiently familiar with the Municipal Judge's performance to evaluate that performance,the councilmember need not fill out an evaluation form. !� B. The Municipal Judge shall provide to the City Council a self-evaluation containing such information as he or she may consider appropriate. C. On or before October 15 of each year, all employees of the Municipal Court and all municipal court prosecutors shall be provided with copies of the evaluation forms referenced in Section A above and asked to evaluate the performance of the Municipal Judge. D. No later than October 31 of each year, all completed evaluation forms and supplemental materials in Section A through C above shall be submitted to the Human Resources Director for distribution to the Council and the Municipal Judge. E. Evaluation forms shall also be made available,through means recommended by the Municipal Judge,to all defendants,prosecution and defense witnesses,attorneys and other participants in the Municipal Court and liquor licensing processes. The forms shall be prepared by the Human Resources Director in consultation with the Mayor, Mayor Pro Tern and the Municipal Judge. All persons completing evaluation forms shall be required to sign their names and shall be told that their identities will be made available to the Human Resources Director,members of the City Council and the Municipal Judge. All completed forms, together with any supplemental • 3 information submitted by such persons,shall be provided to each councilmember and to the Municipal Judge, and the identities of the persons completing each such form shall be made known to all councilmembers and the Municipal Judge. The completed forms shall be periodically provided to councilmembers and the Municipal Judge no more than thirty (30) days after the receipt of such forms by the city employee to whom they are submitted. F. Before or after the Municipal Judge's executive session discussion with the Council, any councilmember submitting any ratings or comments on his or her written evaluation indicating that the Municipal Judge's performance is unsatisfactory shall meet individually with the Municipal Judge to discuss such areas of concern. All other councilmembers, irrespective of their evaluation of the Municipal Judge, are encouraged to also meet individually with the Municipal Judge to discuss the Municipal Judge's performance. G. On or before October 15 of each year, the Human Resources Director shall provide to the Council and the Municipal Judge pertinent information regarding the total compensation paid to the municipal judges of other comparable Colorado Front Range cities, together with any other information that may be considered pertinent by the Council or the Municipal Judge. Prior to his or her evaluation,the Municipal Judge shall provide to the Council his or her compensation request for the ensuing year,together with any proposed contract revisions. H. No later than the second regular Council meeting in November of each year, the Council shall consider on first reading an ordinance setting the salary of the Municipal Judge for the ensuing year. Said ordinance shall be adopted on second reading,together with a resolution addressing any revisions to the Municipal Judge's contract for the ensuing year, no later than the first meeting in December. Passed and adopted at a regular meeting of the City Council held this 3rd day of October, A.D. 2000. Mayor ATTEST: City Clerk 4 • COUNCIL GOVERNANCE COMMITTEE September 12, 2000 The Council Governance Committee met at 4:15 p.m. on Tuesday,September 12, 2000,in the City Manager's Conference Room at City Hall West, 300 LaPorte Avenue. Present were: Committee Members Bill Bertschy and Mike Byrne. Also present was Mayor Ray Martinez. Staff Present:City Manager John Fischbach, Municipal Judge Kathleen Lane, City Attorney Steve Roy, City Clerk Wanda Krajicek, and Chief Deputy City Clerk Rita Harris. Committee Member Karen Weitkunat was absent. April 3, 2001 Election City Clerk Krajicek explained that staff will be bringing an ordinance to Council in November which authorizes the April 3, 2001 election to be conducted by mail ballot and that the agenda item summary usually contains a recommendation from the Governance Committee. Committee members asked numerous questions regarding the issue of mailing ballots to inactive voters. City Clerk Krajicek and Chief Deputy City Clerk Hams explained that in 1999,ballots were mailed • to active voters only, pursuant to state law. It is estimated that it would have cost$65,000 to mail ballots to the 33,555 inactive voters in 1999. An additional $100,000 has been requested to cover the cost of mailing ballots to inactive voters in 2001,which the Council directed at the June 27,2000 study session relating to election issues. Committee members and Mayor Martinez indicated that they did not realize the amount of money that would be needed to mail ballots to inactive voters at the time Council made that decision. The Committee recommended that ballots not be mailed to inactive voters and discussed ways to inform the public in an effort to get voters to reactivate their registration prior to the mailing of ballots. In addition,the Committee requested additional advertising to advise inactive voters how they can go about obtaining a ballot. The agenda item for the November 7 Council agenda will not include direction to mail ballots to inactive voters, and the agenda item summary will contain information regarding the advertising campaign. —� Evaluation Process for Council Employees Judge Lane summarized the key points of her memorandum regarding the evaluation process which was included in the agenda packet. She stated that since the pool of individuals who have frequent contact with her is small, she recommends that a formal evaluation occur only in even-numbered . years, which would coincide with her request for reappointment for an additional two-year term. Judge Lane suggested that input be solicited from Councilmembers, Court employees, attorneys, prosecution witnesses(Fort Collins and CSU police officers,Animal Control officers,and other City Code enforcement officers),defendants/other witnesses/victims,and individuals involved with liquor licensing issues(staff and licensees). She indicated that she believes one form can be developed for all of the individuals surveyed, with each question having a "not able to rate" checkbox. She suggested that the Human Resources Director be responsible for receiving the questionnaires and compiling the responses. City Attorney Roy reviewed the four different forms used in his evaluation process and expressed a desire to have a consistent rating system used throughout. The Committee agreed to a more streamlined rating system such as: Exceeds Expectations Meets Expectations Fails to Meet Expectations Not Able to Rate City Attorney Roy recommended eliminating questions relating to his performance in court since he rarely spends time in the courtroom. The consensus of the Committee was to remove court-related questions from the forms. City Attorney Roy indicated he would like to see the individual responses from Councilmembers. (City Manager Fischbach and Judge Lane agreed.) The Committee agreed that the employees should see individual responses. Committee Member Byrne suggested that the individual who gives a negative rating has a responsibility to sit down with the employee and discuss the reasons for the rating. Mayor Martinez stated that one-on-one conversations between the employee and each Councilmember should take place even if the evaluation is positive. Roy suggested that the "guideline"should say each Councilmember is encouraged to meet individually with each employee. The consensus of the Committee was to recommend that each employee should get a copy of the individual evaluations and each Councilmember is encouraged to meet with each employee individually. Mayor Martinez disagreed, stating he believes it should be mandatory for each Councilmember to meet with each employee. With regard to outside evaluators,City Attorney Roy stated that the process is awkward,because the pool of people is small and they are being asked to participate every year. Committee MemberByme stated he believes it is important for members of the ELT to participate every year. Roy stated the four basic issues are: Who should participate? How are those individuals selected? Should Council know the identity of the participants? Should the employee know the identity of the participants? Both Committee Members stated they believe both Council and the employees should know the identity of the evaluators. The Committee also recommended that(1)each year, a representation of the ELT to participate in the City Attorney's evaluation and the entire ELT should participate in the City Manager's evaluation; (2)the City Manager and City Attorney should provide a list of citizen -2- • contacts every year; and (3) Council should see all of the responses, not just a compilation of the responses. City Attorney Roy raised the issue of contract discussions/negotiations, and stated he would like to have an opportunity to discuss contract issues with a subcommittee of the Council prior to discussing those issues with the whole group. Committee Member Byrne stated he believes the Council should look at non-compensation "benefits" this year. Committee Member Bertschy indicated he is not comfortable with the idea of contract discussions taking place with subcommittee of the Council. Mayor Martinez agreed. Byrne was open to the idea, stating it could provide for a more relaxed discussion. He stated perhaps every other year,more time should be spent in the evaluation process. Bertschy suggested starting the evaluation process sooner,so that the discussions can be carried over to another evening if necessary without impacting the timing of the salary ordinances. Byrne suggested Council hold an executive session soon to discuss contract issues with the employees. Judge Lane stated it would be helpful for the employees and for Council if Human Resources could provide salary and total compensation comparisons earlier,perhaps by mid-October. City Attorney Roy stated the employees could then present their contract issues, in memo form, by the end of October. The Committee discussed how to "capture" these recommendations and whether they should be formalized by adoption of a Resolution. Committee Member Bertschy pointed out that a recommendation of the Committee doesn't obligate the Council to a particular process, nor does it give the Council an opportunity to comment on the Committee's recommendation. Committee Member Byme stated he believes it is important to make statements about the process -- that no anonymous statements will be accepted, that the Council values the input of the ELT, and that Council should take responsibility to meet with each employee. The consensus of the group was that City Attorney Roy will draft a Resolution for the October 17 Council meeting which will have an exhibit attached outlining the process to be used for the City Manager/City Attorney and a second exhibit outlining the process to be used for the Municipal Judge. The draft Resolution will be sent out in advance for review and comment. Other Business The Committee agreed that there is no need to meet on September 26th. Adjournment The meeting adjourned at 5:20 p.m. -3-