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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2006 - RESOLUTION 2006-124 AMENDING RESOLUTIONS 2000-123 ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: December5, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Roy SUBJECT Resolution 2006-124 Amending Resolutions 2000-123 and 2001-018 to Revise the Process for City Council Evaluations of the Performance of the City Manager, City Attorney and Municipal Judge. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This Resolution consolidates and amends two previous Resolutions that established a process for conducting the annual performance reviews of Council's three direct employees. BACKGROUND Through the adoption of Resolutions 2000-123 and 2001-018, the City Council has approved the process for evaluating the performance of its three direct employees, the City Manager, City Attorney, and Municipal Judge (the "Employees"). Experience has shown that the time frames established in that process are unrealistic. Additionally, after consulting with the Council Leadership Team, staff is recommending some substantive changes to the process. One of the changes would provide an opportunity for the Employees to meet with the Mayor and Mayor Pro Tern to discuss their compensation requests before the entire Council discusses that issue with the Employees. Another change has to do with the provision of evaluation forms to various parties who have regular contact with the Municipal Judge and who are to provide input to the Council regarding the Judge's performance. The revised process, as contained in the Resolution, is as follows: • An evaluation form for each of the Employees will be prepared annually by the Human Resources Director in consultation with the Mayor and Mayor Pro Tern and the Employees. The form will be distributed to each Councilmember at least twenty days prior to the date of the employee's annual review. The Employees will also complete self-evaluations. • At least ten days prior to the Employees' annual review,the forms completed by the Council will be submitted to the Human Resources Director for distribution to the Council and the Employees, together with pertinent information regarding the total compensation paid to December 5, 2006 .2. Item No. 21 persons holding comparable positions of employment in other comparable Front Range cities. At least four days prior to their reviews, the Employees will provide their self-evaluations and compensation requests to the Council. Prior to Council's discussion of the Employee's compensation requests, the Mayor and Mayor Pro Tern will meet with each of the Employees to discuss their requests. • Any change in the compensation of the Employees for the ensuing calendar year will be approved by the Council by ordinance in time for the change to take effect prior to the first full pay period of the ensuing year. Any revisions to the Employees' employment contracts will be approved by Resolution on first or second reading of the salary ordinance. The Resolution also establishes some additional steps in the process for the Municipal Judge: On or before October 15th of each year in which the Judge is requesting reappointment,the Municipal Court prosecutors,defense attorneys who have worked on Municipal Court cases, and attorneys who have appeared at Liquor Licensing Authority meetings will be provided with copies of evaluation forms and will be asked to evaluate the performance of the Judge. • Additionally, throughout the year, "customer comment" forms will be made available to defendants, prosecution and defense witnesses, attorneys and other participants in the Municipal Court and liquor licensing processes. • The forms completed by the attorneys will be provided to the Human Resources Director for distribution to the Council and the Judge at least ten days prior to the Judge's annual review. The forms accumulated throughout the year from other individuals involved in the Municipal Court and liquor licensing processes will be provided to the Council and (in composite form) the Judge on a quarterly basis. RESOLUTION 2006-124 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RESOLUTIONS 2000-123 AND 2001-018 TO REVISE THE PROCESS FOR CITY COUNCIL EVALUATION OF THE PERFORMANCE OF THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL JUDGE WHEREAS,the CityManager,City Attorney and Municipal Judge are appointed bythe City Council (the "Council") under the provisions of the City Charter; and WHEREAS,the Municipal Judge is appointed for a two-year term,and the CityManager and City Attorney serve terms of indefinite duration; and WHEREAS,the Council is responsible for supervising the performance of all three of these employees and fixing their compensation; and WHEREAS, it is essential that these employees perform their duties with integrity, professionalism and effectiveness; and WHEREAS,the Council meets with these employees semi-annually in executive session to review their performance; and WHEREAS,the more formal review of these employees'performance(the"annual review") takes place in November of each year; and WHEREAS,the Council has,through the adoption of Resolutions 2000-123 and 2001-018, approved a process for evaluating the performance of these three employees; and WHEREAS, the Council wishes to revise that process to allow for greater flexibility in the time frames for the exchange of information among the affected parties and to establish a different process for determining the compensation and benefits of these employees. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolutions 2000-123 and 2001-018 are hereby amended so that the annual, formal evaluation of the CityManager,City Attorney and Municipal Judge shall be conducted in accordance with the following guidelines: Section 1. The annual, formal evaluation of the City Manager and City Attorney(the "Employees") shall be conducted as follows: A. Each year, a form for evaluation of each Employee's performance, based on the Employee's job duties, shall be prepared by the Human Resources Director in consultation with the Mayor, Mayor Pro Tern and the Employees. That form shall be distributed to each Councilmember no less than twenty(20)days prior to the date of the Employee's annual review. The form shall be completed by each Councilmember. If any Councilmember believes that he or she is not sufficiently familiar with the Employee's performance to evaluate a particular aspect of the Employee's performance, the Councilmember need not complete that portion of the evaluation form. B. No later than ten (10) days prior to the annual review, the evaluation forms completed by the Councilmembers shall be submitted to the Human Resources Director for distribution to the Council and the Employees, together with: (1) a composite of all such forms; (2) pertinent information regarding the total compensation paid to the persons holding comparable positions of employment in other comparable Colorado Front Range cities; and (3) any other information that may be considered pertinent by the Council or the Employees. C. Not later than four(4) days prior to the annual review, the Employees shall provide the Council with self-evaluations containing such information as they may consider appropriate,together with their compensation requests for the ensuing year and any proposed contract revisions. D. Prior to Council's discussion of the proposed compensation and benefits of the Employees,the Mayor and Mayor Pro Tern shall meet with each Employee to discuss the Employee's compensation request. E. Any change in the compensation of the Employees for the ensuing calendar year shall be approved by the Council by ordinance. That ordinance shall be adopted by the Council in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. In the event that the Council and either Employee agree upon any revisions to the Employee's employment contract for the ensuing year, a resolution approving such revision(s) shall be adopted upon first or second reading of the ordinance. F. All Councilmembers, irrespective of their evaluation of the Employees, are encouraged to meet individually with the Employees to discuss their performance. Section 2. The annual, formal evaluation of the Municipal Judge shall be conducted in accordance with the following guidelines: A. A form for evaluation of the Municipal Judge's performance shall be prepared by the Human Resources Director in consultation with the Mayor, Mayor Pro Tern and Municipal Judge and distributed to each Councilmember no less than twenty (20) calendar days prior to the Municipal Judge's annual review. The form shall address the Municipal Judge's judicial duties, administrative duties and Liquor Licensing Authority duties. The form shall be completed by each Councilmember. If any Councilmember believes that he or she is not sufficiently familiar with the Municipal -2- Judge's performance to evaluate a particular aspect of the Municipal Judge's performance, the Councilmember need not fill out an evaluation form. B. On or before October 15 of each year in which the Municipal Judge is requesting reappointment,Municipal Court prosecutors,defense attorneys who have worked on Municipal Court cases, and attorneys who have appeared at Liquor Licensing Authority meetings shall be provided with copies of an evaluation form and asked to evaluate the performance of the Municipal Judge. The form shall be prepared by the Municipal Judge and the Human Resources Director in consultation with the Mayor and Mayor Pro Tem. The names of all persons submitting completed forms shall be provided to the Municipal Judge, together with a composite of the ratings and comments on the completed forms. C. No later than ten (10) days prior to the annual review of the Municipal Judge, all completed evaluation forms and supplemental materials referenced in Section A and B above shall be submitted to the Human Resources Director for distribution to the Council and the Municipal Judge together with: (1) a composite of the forms completed by the Councilmembers; (2) pertinent information regarding the total compensation paid to the municipal judges of other comparable Colorado Front Range cities; and(3) any other information that may be considered pertinent by the Council or the Municipal Judge. D. Throughout each year, "customer comment" forms shall also be made available, through means recommended by the Municipal Judge,to defendants,prosecution and defense witnesses,attorneys and other participants in the Municipal Court and liquor licensing processes. The forms for this purpose shall be prepared by the Municipal Judge in consultation with the Human Resources Director, Mayor and Mayor Pro Tem. All persons completing such forms shall be asked to sign their names if they wish to have their comments forwarded to the City Council for its use in reviewing the performance of the Municipal Judge. They shall also be told that the Human Resources Director and the members of the City Council will be provided with copies of their signed, completed forms, and that the Municipal Judge will receive a composite of all completed forms, together with the names of those persons submitting the forms. A copy of each signed, completed form shall be provided to the City Council on a quarterly basis. At the same time, the Municipal Judge shall receive a composite of the ratings and comments contained in such forms, together with the names of the persons submitting the forms. E. Not later than four (4) days prior to the annual review, the Municipal Judge shall provide to the City Council a self-evaluation containing such information as he or she may consider appropriate, together with his or her compensation request for the ensuing year and any proposed contract revisions. -3- F. Prior to Council's discussion of the proposed compensation and benefits of the Employees, the Mayor and Mayor Pro Tem shall meet with the Municipal Judge to discuss the Judge's compensation request. G. Any change in the compensation of the Municipal Judge for the ensuing calendar year shall be approved by the Council by ordinance. That ordinance shall be adopted by the Council in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. In the event that the Council and the Municipal Judge agree upon any revisions to the Municipal Judge's employment contract for the ensuing year,a resolution approving such revision(s)shall be adopted upon first or second reading of the ordinance. H. All Councilmembers, irrespective of their evaluation of the Municipal Judge, are encouraged to meet individually with the Municipal Judge to discuss the Municipal Judge's performance. Passed and adopted at a regular meeting of the City Council held this 5th day of December, A.D. 2006. Mayor ATTEST: City Clerk -4-