HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/16/2008 - ITEMS RELATING TO THE CONTRACT AND COMPENSATION OF ITEM NUMBER: 24 A-B
AGENDA ITEM SUMMARY DATE: December 16, 200s
FORT COLLINS CITY COUNCIL STAFF: Janet Miller
SUBJECT
Items Relating to the Contract and Compensation of the City Attorney.
STAFF RECOMMENDATION
Not applicable.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 158,2008,Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney.
B. Resolution 2008-125 Approving the Seventh Addendum to the City Attorney's Employment
Agreement.
City Council met in Executive Session on November 18 and November 25, 2008 to conduct the
performance review of City Attorney Steve Roy. Ordinance No. 158, 2008, adopted on First
Reading on December 2, 2008 by a vote of 5-1 (Nays: Poppaw), establishes the 2009 salary of the
City Attorney at $161,650.
Resolution 2008-125 would approve certain changes to the City Attorney's employment contract.
BACKGROUND
This item presents for City Council consideration on Second Reading, Ordinance No. 158, 2008,
fixing the City Attorney's 2009 salary,as well as Resolution 2008-125,which would amend the City
Attorney's employment contract as follows:
• decrease the City Attorney's annual vacation leave to 32.5 days per year; and
• state that the City Attorney's rate of vacation accrual will be pro-rated on a bi-weekly basis
in accordance with the number of pay periods in each year(without increasing the amount
of annual vacation leave).
Resolution 2008-125 would approve these changes.
December 16, 2008 -2- Item No. 24 A-B
ATTACHMENTS
1. Comparison of 2008 and 2009 Total Compensation.
2. Copy of First Reading Agenda Item Summary- December 2, 2008
(w/o original attachments)
City Attorney
2008 2009 Projected- 7%
Monetary Monetary
Base Salary 152,500.00 Base Salary 163,175.00 OR 163175
Medical Insurance 9,240.00 Medical Insurance 9,240.00 9240
Dental Insurance 600.00 Dental Insurance 600.00 600
Life Insurance 440.64 Life Insurance 472.32 472
Long Term Disability 1,204.75 Long Term Disability 1,289.28 1289
ICMA 457 4,575.00 ICMA 457 4,895.25 4895
ICMA 401 15,250.00 ICMA 401 16,317.50 16318
Total All Benefits 31,310 Total All Benefits 32,814.35
Non-Monetary Non-Monetary
Vacation 35 days Vacation 30 days
Holiday 11 days Holiday 11 days
Total Compensation 183,810.39 Total Compensation 195,989.35 195,989
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Prepared: 120406
ATTACHMENT 2
ITEM NUMBER: 37
AGENDA ITEM SUMMARY DATE: December2, 2008
FORT COLLINS CITY COUNCIL FF: Janet Miller
SUBJECT
First Reading of Ordinance No. 158, 2008, Amending Section 2-581 of the City Code and Setting
the Salary of the City Attorney.
STAFF RECOMMENDATION
Not applicable.
EXECUTIVE SUMMARY
City Council met in ExecutivCe OeRo
m ember 25, 2008 to conduct the
performance review of City A ance 158, 2008, establishes the 2009
salary of the City Attorney.
BACKGROUND
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 City Attorney meet twice a year to discuss
performance and set goals for the coming year.
In 2008, the total compensation paid to the City Attorney included the following:
COPY
December 2, 2008 -2- Item No. 37
2008 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary $ 152,500 Vacation(35 days per year)
Medical Insurance lidays (11 days per year)
Dental Insurance 6
Life Insurance 441
Long Term Disability C () ,205
ICMA (457) 4,575
ICMA(401) 15,250
Total Monetary Compensation $ 183,810
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.
Ordinance No. 158, 2008, establishes the 2009 salary of the City Attorney.
COPY
COPY
ORDINANCE NO. 158, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE
OF THE CITY OF FORT COLLINS AND
SETTING THE SALARY OF THE CITY ATTORNEY
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council (the
"Council") is responsible for fixing the compensation of the City Attorney; and
WHEREAS,the City 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, the Council has determined that the base salary of the City Attorney
should be established at the amount of$161,650 effective as of the first pay period in January 2009
which begins on January 12,2009, so that the total compensation paid to the City Attorney in 2009
will be in the amount of$194,249.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section I. That Section 2-581 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the City Attorney shall be one hundred sixty-one
thousand six hundred fifty dollars ($161,650.) per annum, payable in biweekly
installments. Sixty(60)percent of such sum shall be charged to general government
expense, twenty(20) percent to the city water utility and twenty (20) percent to the
city electric utility.
Section 2. That the effective date of the salary adjustment referred to in Section I 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 this 16th day of December, A.D. 2008.
Mayor
ATTEST:
City Clerk
RESOLUTION 2008-125
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE SEVENTH 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 and Mr. Roy have previously entered into that certain revised
Employment Agreement dated December 17, 1991 ("Employment Agreement"), and have also
entered into six previous addenda to the Employment Agreement which are dated January 19, 1995,
March 8, 1996, January 9, 2001, December 11, 2003, December 7, 2004, and December 5, 2006,
respectively; and
WHEREAS,the Council and Mr.Roy have agreed to revise the Employment Agreement to
decrease Mr. Roy's annual vacation leave to 32.5 days per year and to state that the rate of accrual
of this vacation leave will be pro-rated on a bi-weekly basis in accordance with the number of pay
periods in each year.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Seventh 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 Seventh 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 Tem, consider to be in the best interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of December A.D. 2008.
Mayor
ATTEST:
City Clerk
EXHIBIT " A"
SEVENTH ADDENDUM TO THE
CITY ATTORNEY'S EMPLOYMENT AGREEMENT
THIS SEVENTH ADDENDUM is made and entered into this day of December,
20081 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 six previous addenda to the Employment Agreement which are dated
January 19 , 1995 , March 8 , 1996 , January 9, 2001 , December 11 , 2003 , December 7, 2004, and
December 5 , 2006, respectively; and
WHEREAS , the City Council and the Employee have agreed upon certain modifications
to the Employment Agreement which they wish to set forth in this Seventh 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 Subsection 6 .A. of the Employment Agreement, pertaining to Vacation
and Sick Leave, is hereby amended so as to read in its entirety as follows :
SECTION 6. VACATION AND SICK LEAVE
A. The Employee shall be granted thit y five (35thirty-two and one-
half (32 . 5) days of annual vacation leave, commencing as of the first pay period in
January, 2005 . 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
thirty (30) days of annual vacation leave shall accrue throughout the remainder of
each such calendar year at the b weekly acefu ' rate of 9 .23 houfs 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 :
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( 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 his accrued, unused vacation, based upon his 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.
(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.
Section 2 . Except as expressly amended by this First Addendum, all other terms and
conditions of the Employment Agreement shall remain unchanged and in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Seventh Addendum to the
City Attorney' s 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
EMPLOYEE :
Stephen J. Roy
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