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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2004 - RESOLUTION 2004-141 APPROVING A FIFTH ADDENDUM TO ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: December7, 2004 FORT COLLINS CITY COUNCIL STAFF: Rick DeLaCastro SUBJECT Resolution 2004-141 Approving a Fifth Addendum to the City Attorney's Employment Agreement. EXECUTIVE SUMMARY The Resolution would approve changes to the City Attorney's employment contract. BACKGROUND Under the City Charter, the City Council is responsible for appointing a City Attorney, who serves at the pleasure of the Council, and for fixing his or her compensation. City Attorney Steve Roy has been employed with the City since 1985, and has served as City Attorney since 1988,pursuant to the terms and conditions of an employment contract that is negotiated directly with the City Council. As is the case with most other City employees, the City Attorney's compensation was last increased in January of 2002, due to revenue shortfalls. During the past year,the City Attorney discussed with the Council the likelihood that he would be leaving the employ of the City to pursue another employment opportunity. In response,the Council offered to renegotiate the terms and conditions of the City Attorney's contract. The City Attorney ultimately decided to remain in the employ of the City, and discussions about contract amendments were pursued this fall during the City Attorney's performance review. As a result of those discussions,the Council has agreed to consider the following proposed changes to the City Attorney's contract: • 2005 - An increase in base salary commensurate with any increase paid to unclassified management employees of the City, plus ten (10) 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. • 2006-Assuming satisfactory performance, an increase in base salary to no less than $137,000. December 7, 2004 -2- Item No. 26 • 2007 - Assuming satisfactory performance, an increase in base salary to no less than $152,500. The proposed changes also address the manner in which medical bills for annual tests and exams should be submitted to, and processed by, the City. RESOLUTION 2004-141 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A FIFTH ADDENDUM TO THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT WHEREAS, Stephen J. Roy has been employed by the City Council as City Attorney since June, 1988 and has served the City well in that capacity; and WHEREAS, the City Council believes it to be in the best interests of the City that Mr. Roy continue to serve as City Attorney; and WHEREAS, in order to assure Mr. Roy's continuing employment with the City, it has become necessary for the City Council to renegotiate his employment contract with the City; and WHEREAS,the proposed changes to Mr. Roy's contract of employment,if approved by the City Council, would take effect as of January, 2005. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Fifth Addendum to the City Attorney's Employment Agreement,attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved by the City Council, and the Mayor is hereby authorized to execute the Fifth Addendum substantially in the form shown on Exhibit "A" with such modifications, if any, as the Mayor may, upon consultation with the City Manager and Mayor Pro Tern, consider to be in the best interests of the City. Passed and adopted at a regular meeting of the City Council held this 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk FIFTH ADDENDUM TO THE CITY ATTORNEY' S EMPLOYMENT AGREEMENT THIS FIFTH 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 Stephen J. Roy (hereinafter referred to as the "Employee") . WITNESSETH . WHEREAS , the City and the Employee have previously entered into that certain agreement dated December 17, 1991 (hereinafter referred to as the "Employment Agreement" ) , and have also entered into four previous addenda to the Employment Agreement dated January 19, 1995 ; March 81 1996; January 9 , 2001 ; and December 11 , 2003 , respectively; and WHEREAS , the City Council and the Employee have agreed upon certain additional modifications to the Employment Agreement which they wish to set forth in this Fifth Addendum to the Employment Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits 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 3 of the Agreement, pertaining to Salary, is hereby amended so as to read in its entirety as follows : SECTION 3. SALARY A. The eity agrees to pay the Employee for his services rendered purstlant hereto a annual base salary of Seventy-three Thousand Five f lundred dollars ($73 , 500), payable in equaf biweekly instathlicnts at the same timc and in the satirl, nimmer as other employees of the city are paid, with said rate of pay to become effeetive a the first pay period in jarmary 199-2, or such later date as the antmal increase for other employees of the eity becomes The annual base salary of the Employee shall be payable in equal biweekly installments at the same time and in the same manner as other employees of the City are paid. In 2005 , the City agrees to pay the Employee his current base salary of One Hundred Twenty One Thousand, Five Hundred Ninety Dollars ($ 121 , 590) plus, 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. If the performance of the Employee remains satisfactory to the majority of the City Council from the date of this Addendum through the date of the Employee' s 2005 performance review, then the City agrees to increase the Employee's base salary to no less than One Hundred Thirty Seven Thousand Dollars (($ 137,000) with said rate of pay to become effective as of the first pay period in January 2006 . If the performance of the Employee remains satisfactory to the majority of the City Council through the date of the Employee's 2006 performance review, then the City agrees to increase Employee's base salary to no less than One Hundred Fifty Two Thousand Five Hundred Dollars ($ 152 , 500) , effective as of the first pay period in January, 2007 . B . The Employee shall be reimbursed for his City-related personal vehicle use at the prevailing City rate. C. A salary review shall take place in November or December of each year, with any subsequent modification of the Employee's salary to be approved by the Council by ordinance and thereafter incorporated herein by reference without the necessity of further modification of this Agreement by addendum. Section 2 . That Section 6 of the Agreement is hereby amended so as to read in its entirety as follows : SECTION 6. VACATION AND SICK LEAVE A. The Employee shall be granted - thirty-five (35 ) days of annual vacation leave, commencing as of the first pay period in January, 2005 each 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) thirty (30) days of annual vacation leave shall accrue throughout the remainder of each such calendar year at the bi-weekly accrual rate of 6-.+69 .23 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 : (3)( 1 ) At any time during eaeh successive calendar year thereafter the term of this Agreement, but no more than twice annually, the Employee may elect to receive the cash equivalent of a portion of his accrued, unused vacation, based upon his then current rate of pay; provided, however, that no more than €arm) 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. (+)(2) At any time during the calendar year -200 f , but no more than twice during said year, the Employee may elect to receive the cash equivalciit of all or miy portion of his accmed, utmsed vacation leave . The amount of said payt shall be based upon his current rate of pay at the time of conversion. At the end of 2001 each calendar year, the balance of the Employee's accrued, unused vacation leave remaining after any such cash conversion shall be carried over to 2002 an subsequent years, up to a maximum accrual of 780 hours . Starting , 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 purposes of this provision, the "final pay period of the calendar year" shall mean the last pay period that begins in such year. (4)(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 his 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 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 under this Agreement. (2) At the end of 2001 , and at the end of each calendar year thereafter, the Employee may also carry over to the ensuing calendar year up to fo it JLYF (40) hours of any vacation leave accrued in that year that was neither used no converted to a cash payment under subparagraph (3 ) below, sttl ect to the maxitymni of 780 izrs 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 3 . That Section 913 of the Agreement, pertaining to Additional Benefits , is hereby amended to read in its entirety as follows : B . In addition to providing coverage to the Employee and his 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 pl ; provided, however, that miy cost incul red by the Employee Whi is reimbursed by the eity under this provision shall not be applied by the Employ toward the satisfaction or reduction of any deductible atnount or eopqy that the Employee may have under the eity,s medical health p! 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 City's then current medical health plan shall be paid by the City under this provision, up to the foregoing maximum dollar amount. IN WITNESS WHEREOF, the parties hereto have caused this Fifth Addendum to the City Attorneys 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 for the City EMPLOYEE : Stephen J. Roy