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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - ITEMS RELATING TO THE REAPPOINTMENT, CONTRACT, AND ITEM NUMBER: 31 A-B AGENDA ITEM SUMMARY DATE: December5, 2006 FORT COLLINS CITY COUNCIL STAFF: Wendy Williams Amy Sharkey SUBJECT Items Relating to the Reappointment, Contract, and Compensation of the Municipal Judge. STAFF RECOMMENDATION None. EXECUTIVE SUMMARY A. Resolution 2006-127 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing Certain Other Amendments to the Judge's Employment Agreement. B. First Reading of Ordinance No. 202, 2006, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. Article VII, 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. Resolution 2006-127 reappoints Judge Lane for another two-year term commencing on January 1, 2007 and ending on December 31, 2008, and authorizes the Mayor to execute an addendum to Judge Lane's Employment Agreement. The addendum will reflect the new term and,pursuant to the request of the Judge,revise other terns and conditions relating to working less than full-time, as set out in the salary ordinance, including a reduction in vacation benefits. Ordinance No. 202, 2006, establishes the 2007 salary of the Municipal Judge. 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 Municipal Judge meet once a year to discuss last year's performance and set goals for the coming year. In 2006, the total compensation paid to the Municipal Judge included the following: December 5, 2006 -2- Item No. 31 A-B SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salmi $ 99,256 Vacation (30 days per year) Life Insurance 348 Holidays (I I days per year) Medical Insurance 7,704 Dental Insurance 528 Long Tenn Disability 983 ICMA (457) 2,978 ICMA (401) 9 926 Total Monetary Compensation $ 121 723 The process established for evaluating the performance of the City Manager, City Attorney, and Municipal Judge,adopted by the Council via Resolution 2000-123 on October 17,2000 and further amended by the adoption of Resolution 2001-018 on February 6, 2001,provides 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. Resolution 2006-127 authorizes the Mayor to execute a Seventh Addendum to the existing Employment Agreement between the City and the Judge, extending said Agreement for a term commencing on January 1, 2007 and ending on December 31, 2008, and revising other terms and conditions of said Agreement so as to add provisions relating to working less than full-time, as set out in the salary ordinance, including a reduction in vacation benefits. RESOLUTION 2006-127 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 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 2004-140, Judge Lane was most recently reappointed by the Council for a two-year term which will expire on December 31, 2006; 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 six previous addenda to the Employment Agreement which are dated June 19, 1991, January 23, 1995, December 31, 1996, January 11, 2001, December 2003, and December 7, 2004, respectively; and WHEREAS, the Council wishes to reappoint Judge Lane for another two-year term as provided in Article VII, Section I of the City Charter and to also make certain additional changes to the Employment Agreement. 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, 2007 and ending December 31, 2008. Section 2. That the Mayor is hereby authorized to execute a Seventh 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 5th day of December, A.D. 2006. Mayor ATTEST: City Clerk Exhibit A SEVENTH ADDENDUM TO MUNICIPAL JUDGE EMPLOYMENT AGREEMENT THIS SEVENTH ADDENDUM is made and entered into the day of December, 20069 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 six previous addenda to the Agreement which are dated June 19, 1991 , January 23 , 1995 , December 31 , 1996, January 11 , 2001 , December 2003 , and December 7 , 2004, 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 Seventh 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 Section 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 , 2-0062008 , 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 Section 3 .E . of the Agreement is hereby amended so as read in its entirety as follows : 3 . SALARY. E . fn 20051 basis9 the same fcvct of one-finic or �Masc� if any, that is paod to other In addition to the above, if the salary ordinance indicates employment at less than 1 . 0 FTE, the Employee shall be paid for any time worked beyond the FTE indicated, up to and including 1 . 0 FTE, at the hourly rate indicated by the amount listed in the salary ordinance provided that there are excess funds available in the Municipal Court budget due to unfilled positions or other savings. 3 . That Section 6 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 thirt )-twenty-six (26) days of annual vacation leave, commencing as of the first pay period in January, 20052007 . 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 (2*twenty-one (21 ) days of annual vacation leave shall accrue throughout the remainder of each such calendar year at the bi-weekly accrual rate of 'T.-H6 .46 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 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. B . The Employee shall be credited for and be entitled to receive those sick leave benefits provided to all full-time classified City employees, on a pro- rated basis if the Employee is employed at less than 1 . 0 FTE as indicated in the salary ordinance . 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. 4 . That except as expressly amended by this Seventh Addendum and the previous First Addendum, Second Addendum, Third Addendum, Fourth Addendum, Fifth Addendum, -2- 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 APPROVED AS TO FORM : City Attorney Kathleen M. Lane -3 - ORDINANCE NO, 202, 2006 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 Municipal Judge has requested that, upon reappointment for a new term, her hours be reduced by twenty percent, with a corresponding adjustment in salary; and WHEREAS , the Council believes that the base salary of the Municipal Judge for that reduced position should be established at the amount of $ effective January 1 , 2007, so that the total compensation paid to the Municipal Judge in 2007 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 of shall befifty-si dollars ($99 ,256 ) 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 1 , 2007 . Introduced, considered favorably on first reading, and ordered published this 5th day of December, A.D . 2006, and to be presented for final passage on the 19th day of December, A.D . 2006 , Mayor ATTEST : City Clerk Passed and adopted on final reading on the 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk