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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2004 - RESOLUTION 2004-140 REAPPOINTING KATHLEEN M. LANE ITEM NUMBER: 25 AGENDA ITEM SUMMARY DATE: December 7, 2004 FORT COLLINS CITY COUNCIL STAFF: Rick DeLaCastro SUBJECT Resolution 2004-140 Reappointing Kathleen M.Lane as Municipal Judge and Authorizing Certain Other Amendments to the Judge's Employment Contract. RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND Article VH, Section 1 of the Charter provides that the Municipal Judge is to be appointed for a term of two years. Kathleen M.Lane was first appointed to serve as the City's Municipal Judge for a term commencing July 1, 1989. This Resolution reappoints Judge Lane for another two-year term commencing on January 1, 2005 and ending on December 31, 2006, and authorizes the Mayor to execute an addendum to Judge Lane's Employment Agreement. The proposed Addendum would also make the following additional changes to the Municipal Judge's employment contract. • A 2005 increase in base salary commensurate with any increase paid to unclassified management employees of the City,plus five(5) additional days of annual vacation leave which could be either used, converted to cash or carried over to subsequent years,subject to the existing contract maximum of 780 hours of unused, accrued leave. • A change to the manner in which medical bills for annual tests and exams should be submitted to and processed by the City. RESOLUTION 2004-140 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND AUTHORIZING CERTAIN OTHER AMENDMENTS TO THE JUDGE'S EMPLOYMENT CONTRACT WHEREAS, Municipal Judge Kathleen M. Lane was first appointed to the position of Municipal Court Judge of the City of Fort Collins for a term commencing July 1, 1989, which appointment was for a period of two years as required by Article VII, Section 1 of the City Charter; and WHEREAS, Judge Lane has subsequently been reappointed by the Council for successive two-year terms; and WHEREAS,by adoption of Resolution 2002-116,Judge Lane was most recently reappointed by the Council for a two-year term which will expire on December 31, 2004; and WHEREAS,Council wishes to reappoint Judge Lane for another two-year term as provided in Article VII, Section 1 of the City Charter and to also make certain additional changes to her employment agreement; and NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Kathleen M.Lane is hereby reappointed as Municipal Judge for the City of Fort Collins for a two(2)year term commencing January 1,2005 and ending December 31,2006. Section 2. That the Mayor is hereby authorized to execute a Sixth Addendum to the existing Employment Agreement between the City and Kathleen M. Lane in substantially the form shown on Exhibit "A", attached hereto and incorporated herein by this reference, extending said Agreement for a term as stated in Section 1 above, and revising other terms and conditions of said Agreement so as to: (a) increase Judge Lane's vacation benefit to thirty (30) days per year; (b) provide that in 2005, Judge Lane will be given a salary increase commensurate with any increase paid to other unclassified management employees of the City; and (c)change the manner in which medical bills for annual physical exams are processed. Passed and adopted at a regular meeting of the City Council held this 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT "A" SIXTH ADDENDUM TO MUNICIPAL JUDGE EMPLOYMENT AGREEMENT THIS SIXTH ADDENDUM is made and entered into this day of December, 2004, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as the "City") and KATHLEEN M. LANE (hereinafter referred to as "the Employee") . WITNESSETH : WHEREAS , the City and the Employee have previously entered into that certain Agreement dated July 31 , 1989 (hereinafter referred to as "the Employment Agreement"), and have also entered into five previous addenda to the Agreement which are dated June 19 , 1991 ; January 23 , 1995 ; December 31 , 1996 ; and January 11 , 2001 ; and December 2003 , respectively; and WHEREAS , the City and the Employee have agreed upon certain additional modifications to the Agreement which they wish to set forth in this Sixth Addendum to the Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree to amend the terms and conditions of the Employment Agreement as follows : Section 1 . That Section 2 . B . of the Employment Agreement is hereby amended so that Section 2 .13 . reads in its entirety as follows : 2. TERM, B . The Employee agrees to remain in the exclusive employ of the City as Municipal Judge until December 31 , 2006 , 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. Section 2 . That Section 3 of the Employment Agreement is hereby amended by the addition of a new subparagraph E which shall read in its entirety as follows : 3. SALARY. E . In 2005 , the City agrees to also pay the Employee, on a percentage basis, the same level of one-time or ongoing increase, if any, that is paid to other unclassified management employees of the City. Section 3 . That Section 6 . of the Employment Agreement is hereby amended so as to read in its entirety as follows : 6 . VACATION AND SICK LEAVE. A. The Employee shall be granted - thirty (30) days of annual vacation leave, commencing as of the first pay period in January, 2005 cacti year . Five (5) days of such vacation leave shall be credited to the Employee as of the first full pay period of each year. The remaining balance of twenty (20) twenty-five (25) days of annual vacation leave shall accrue throughout the remainder of each such calendar year at the bi-weekly accrual rate of 6-.+67 . 69 hours . Notwithstanding any City policy to the contrary, vacation leave accrued and unused by the Employee shall be subject to the following terms and conditions : ( 1 ) At any time during the ealendar year At any time during the term of this Agreement, but no more than twice dnring said yearannually, the Employee may elect to receive the cash equivalent of mar-anpa portion of her accrued, unused vacation leave, based upon her then current rate of pay; provided, however, that no more than eighty (80) 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 hcrthe Employee's current rate of pay at the time of conversion. , unuse vaeation leavk. MITIMIMIg after any sneh eash eonversion shall be carried over to -2 and subsequent years , rittin accrual of 780 hours . Starting in 2-0�, any bafance in cxccss of 780 hours that exists as of the last day of the filial pay period of the calendar year shall be forfeited by the Employee . For the purposes o this provision, the "final pay period of the calendar year" shall mean the last pay period that begins in stich year. (2) At the end of each calendar year thereafte the balance of the Employee' s may also carry over to the ensuing calenda year up to forty (40) hours of any vacation leave acertted in that year that was neithe maxitymm of 780 accrued, unused vacation leave remaining after any such cash conversation shall be carried over to subsequent years , up to a maximum accrual of 780 hours . Any balance in excess of 780 hours that exists as of the last day of the final pay period of the calendar year shall be forfeited by the Employee. For the purpose of this provision, the " final pay period of the calendar year" shall mean the last pay period that begins in such year. provided,MCCC;5031 VC Calendar year thereafter, but no more than twice antmally, the Employee may elect to receive the cash equivalent of a portion of her accrued, untised V Ct%�Cth%Jll� based upon her then current rate of pay ; however, that no more than forty Page 2 of 4 (40 ) hours of accrued, untised vacation leave may be converted to a eash payment i (43 ) 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. B . The Employee shall be credited for and be entitled to receive those sick leave benefits provided to all full-time classified City employees . The Employee shall not be entitled to be paid for any earned but unused sick leave upon resignation or termination from employment under this Agreement. Section 4. That Section 9 .13 . of the Employment Agreement is hereby amended to read in its entirety as follows : Section 9 . Disability, Health and Life Insurance. B . In addition to providing coverage to the Employee and her dependents under the City's medical health plan, the City shall pay, up to a maximum of Eight Hundred Fifty Dollars ($ 850) per calendar year, the cost of one or more medical examinations per year by a licensed physician or physicians of the Employee's choice. These examination(s) may include any tests or consultations recommended by the examining physician(s) . This provision shall be applied retroactively, commencing January 1 , 2003 . The foregoing maximum amount of Eight Hundred Fifty Dollars ($ 850) shall be increased annually, commencing January 1 , 2005 , to reflect any inflation in medical costs, as indicated by the U. S . Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes for Medical Care . The City's obligation to pay the cost of any test or consultation which exceeds the foregoing maximum amount, or the cost of treating any medical condition discovered during the course of such physical examination(s), shall be limited to the benefits available under the City's then current medical health plan, provided, however, that any cos incurred by the Employee which is reimbursed by the eity under this provision shall be applied by the Employee toward the satisfaction or reduction of a deductible amount or c i � A I ments that the Employee may have under th%2.. eity,s medical health plan. In order to determine which medical expenses of the Employee are to be paid under this provision, the Employee shall first submit all such expenses to the third party administrator of the City's medical health plan, and any expenses for medical examinations, tests or consultations that are properly determined by such benefits administrator to be ineligible for payment under the Page 3 of 4 City's then current medical health plan shall be paid by the City under this provision, up to the foregoing maximum dollar amount. 3 . Except as expressly amended by this Sixth Addendum and the previous First Addendum, Second Addendum, Third Addendum, Fourth Addendum, and Fifth Addendum, all other terms and conditions of the Employment Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Sixth Addendum to the Municipal Judge Employment Agreement to be executed as of the day and year first above written. THE CITY OF FORT COLLINS , COLORADO, A Municipal Corporation By : Mayor ATTEST : City Clerk APPROVED AS TO FORM : Richard P . Brady, Special Counsel to the City Kathleen M. Lane Page 4 of 4