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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/05/2006 - ITEMS RELATING TO THE COMPENSATION AND BENEFITS OF ITEM NUMBER: 32 A-B AGENDA ITEM SUMMARY DATE: December5, 2006 FORT COLLINS CITY COUNCIL STAFF: Janet Miller SUBJECT Items Relating to the Compensation and Benefits of the City Attorney. STAFF RECOMMENDATION None. EXECUTIVE SUMMARY A. Resolution 2006-128 Approving a Sixth Addendum to the City Attorneys Employment Agreement. B. First Reading of Ordinance No. 203, 2006, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. City Council met in Executive Session on November 14, 2006 to conduct the performance review of City Attorney Steve Roy. Ordinance No. 203, 2006, establishes the 2007 salary of the City Attorney. Resolution 2006-128 adopts an addendum to the City Attorney's employment contract. 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 once a year to discuss last year's performance and set goals for the coming year. In 2006, the total compensation paid to the City Attorney included the following: December 5, 2006 -2- Item No. 32 A-B SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 137,000 Vacation (35 days per year) Life Insurance 480 Holidays (11 days per year) Medical Insurance 7,704 Dental Insurance 528 Long Term Disability 1,356 ICMA (457) 4,110 ICMA(401) 13,700 Total Monetary Compensation $ 164,878 An addendum to the City Attorneys employment agreement approved by the Council in December 2004 states that,assuming satisfactory performance,the City Attorneys base salarywill be increased to no less than$152,500 as of the first pay period in January,2007. Because of the fiscal constraints that have limited the compensation increases for other City employees, the City Attorney has proposed that half of the 2007 increase called for by the agreement be postponed until January of 2008. A contract addendum making that change is presented for Council consideration. 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 2006-128 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A SIXTH 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,in December,2004,Mr.Roy's employment contract with the Citywas amended to provide for specified salary increases in 2006 and 2007, assuming satisfactory performance; and WHEREAS, the Council and Mr. Roy have agreed that, because of fiscal constraints that have limited the amount of compensation increases for other City employees,it would be in the best interests of the City to postpone half of the 2007 increase called for by the 2004 amendment until January of 2008. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Sixth Addendum to the City Attomey'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 Sixth 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 City Council held this 5th day of December, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" SIXTHFIFT-1I ADDENDUM TO THE CITY ATTORNEY' S EMPLOYMENT AGREEMENT THIS SIXTH ADDENDUM is made and entered into this day of December,2-004 2006, 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 five previous addenda to the Employment Agreement dated January 19, 1995 ; March 8 , 1996 ; January 9, 2001 ; December 11 , 2003 , and December 7 , 2004, 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 Sixth 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 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 2-0�2007, the City agrees to pay the Employee his Curren a base salary of One Hundred Forty-Four Thousand, Seven Hundred Fifty Dollars ($ 144, 750) , with said rate of pay to become effective as of the first pay period in January, 2007 . One f fundred T-wenty-One Thousand Five Hundred Ninety Dollars > > on a percentage basis, the same level of one-t ag increase, if any, that i so paid to other unclassified management ernployces of the eity 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 20057 performance review, then the City agrees to increase the Employee's base salary to no less than One Hundred - One Hundred Fifty Two Thousand Five Hundred Dollars ($ 152,500) with said rate of pay to become effective as of the first pay period in January 2-0062008 . Thereafter, any modification of the Employee ' s salary may be approved by the Council by ordinance and any such modification shall thereafter be incorporated herein by this reference without the necessity of further amendments to this Agreement. ff the performance of the of the Employee's 2006 perfonnance review, then the eity agrees to increase Employee's base salary to no less than One Hundred Fifty Two Thousand Five Hundred Dollars > > Section 2 . Except as expressly amended by this Sixth Addendum and the previously executed First, Second, Third, Fourth and Fifth Addenda, 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 Sixthfifth 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 ORDINANCE NO. 2039 2006 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 City Attorney is employed by the City under the provisions of Article VI of the City Charter and pursuant to the terms and conditions of an employment agreement, which agreement was last amended by the City Council on December 7, 2004, by approval of a Fifth Addendum to the agreement; and WHEREAS, said Fifth Addendum states that, if the City Attorney's performance remains satisfactory to the Council, his base salary will be increased to no less than $ 152, 500, as of the first full pay period of 2007 ; and WHEREAS , because of the fiscal constraints that have limited the 2007 compensation increases for other City employees, the City Council and the City Attorney have agreed to postpone half of the increase called for by the Fifth Addendum until January of 2008 ; and WHEREAS , the base salary of the City Attorney should be established at the amount of $ effective January 1 , 2007, so that the total compensation paid to the City Attorney 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 2-581 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 thirty-seveln thousand dollars ($ 137,000 .) ($ ) 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 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 this 19th day of December, A.D . 2006 . Mayor ATTEST : City Clerk