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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/02/2008 - ITEMS RELATING TO THE REAPPOINTMENT, CONTRACT, AND ITEM NUMBER: 36 AGENDA ITEM SUMMARY DATE: December 2, 2008 FORT COLLINS CITY COUNCIL STAFF: Janet Miller SUBJECT Items Relating to the Reappointment, Contract, and Compensation of the Municipal Judge. STAFF RECOMMENDATION Not applicable. EXECUTIVE SUMMARY A. Resolution 2008-124 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the Eighth Addendum to the Judge's Employment Agreement. B. First Reading of Ordinance No. 157, 2008, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. Resolution 2008-124 reappoints Judge Lane for another two-year term to expire December 31,2010 and authorizes the Mayor to execute an addendum to the Judge's employment agreement to reflect the change in term. The Resolution also increases Judge Lane's annual vacation leave from 26 days to 30 days and changes the vacation accrual provision to reflect that there may be a different number of bi-weekly pay periods in any calendar year. Ordinance No. 157, 2008, establishes the 2009 salary of the Municipal Judge. BACKGROUND Article VII,Section I 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 effective July 1, 1989. Resolution 2006-127 reappointed Judge Lane for a two-year term ending on December 31, 2008. Resolution 2008-124 reappoints Judge Lane for another two-year term to expire December 31,2010 and authorizes the Mayor to execute an addendum to the Judge's employment agreement to reflect her new term of office and to state that her accrued vacation will be prorated according to the number of bi-weekly pay periods in any calendar year. City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet twice a year to discuss performance and set goals for the coming year. December 2, 2008 -2- Item No. 36 In 2008, the total compensation paid to the Municipal Judge included the following: 2008 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary(0.8 FTE) $ 86,958 Vacation(26 days per year) Medical Insurance 9,240 Holidays (I I days per year) Dental Insurance 600 Life Insurance 251 Long Term Disability 687 ICMA (457) 2,609 ICMA (401) 8,696 Total Monetary Compensation $ 109,040 The resolution establishing the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane's 2009 salary. RESOLUTION 2008-124 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND AUTHORIZING THE EIGHTH ADDENDUM TO THE JUDGE'S EMPLOYMENT AGREEMENT 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 2006-127, Judge Lane was most recently reappointed by the Council for a two-year term which will expire on December 31, 2008; and WHEREAS, the City and the Employee have previously entered into that certain Employment Agreement dated July 31, 1989 ("the Employment Agreement"), and have also entered into seven previous addenda to the Employment Agreement which are dated June 19, 1991, January 23, 1995, December 31, 1996, January 11, 2001, December 11, 2003, December 7, 2004, and December 5, 2006, respectively; and WHEREAS, the Council wishes to reappoint Judge Lane for another two-year term as provided in Article VII, Section 1 of the City Charter and to make changes to the Employment Agreement to reflect the Judge's new tern of office, to increase Judge Lane's annual vacation leave from 26 days to 30 days, and to state that her rate of vacation accrual will be pro-rated on a bi-weekly basis in accordance with the number of pay periods in any calendar year. 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, 2009 and ending December 31, 2010. Section 2. That the Mayor is hereby authorized to execute an Eighth Addendum to the 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, with such modifications, if any, as the Mayor may, upon consultation with the City Attorney and Mayor Pro Tem, consider to be in the best interest of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk Exhibit A EIGHTH ADDENDUM TO MUNICIPAL JUDGE EMPLOYMENT AGREEMENT THIS EIGHTH ADDENDUM is made and entered into the day of December, 2008 , 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 Agreement"), and have also entered into seven previous addenda to the Agreement which are dated June 19, 1991 , January 23 , 1995 , December 31 , 1996 , January 11 , 2001 , December 2003 , December 7 , 2004, and December 5 , 2006, 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 Eighth 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 Agreement as follows : 1 . That Subsection 2 .13 . of the Agreement is hereby amended so as to read 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 , 20062010, 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. 2 . That Subsection 6 .Al of the 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, 2009 . 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-five (25) days of annual vacation leave shall accrue throughout the remainder of each such - 1 - calendar year at the bi-weektyand be pro-rated on a biweekly basis . 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 term of this Agreement, but no 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 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 the Employee ' s current rate of pay at the time of conversion. (2) At the end of each calendar year, the balance of the Employee ' s 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. (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. 3 . That except as expressly amended by this Seventh Addendum and the previous First Addendum, Second Addendum, Third Addendum, Fourth Addendum, Fifth Addendum, and Sixth Addendum, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Seventh 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 -2- APPROVED AS TO FORM : City Attorney Kathleen M. Lane -3 - ORDINANCE NO. 157, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE MUNICIPAL JUDGE WHEREAS , pursuant to Article VII, Section 1 of the City Charter, the City Council (the "Council") is responsible for fixing the compensation of the Municipal Judge; and WHEREAS , the City of Fort Collins is committed to compensating its employees in a manner which is fair, competitive and understandable ; and WHEREAS , the City ' s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS , each year the Council conducts a review of the past year's performance and the next year' s goals of the Municipal Judge; and WHEREAS , the Council has determined that the base salary of the Municipal Judge should be established at the amount of —, effective January 12, 2009, so that the total compensation paid to the Municipal Judge in 2009 will be in the amount of —. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 2-606. Salary of the Municipal Judge. The base salary to be paid to the Municipal Judge for working 0 . 8 FTE shall be -six thousand nine htmdred fifty-eight dollars ($$6 ,958 ) per annum, payable in biweekly installments, which sum shall be charged to general government expense. Section 2 . That the effective date of the salary adjustment referred to in Section 1 above shall be January 12 , 2009 . Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D . 2008 , and to be presented for final passage on the 16th day of December, A.D . 2008 , Mayor ATTEST : City Clerk Passed and adopted on final reading on the 16th day of December, A.D . 2008 . Mayor ATTEST : City Clerk