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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2010 - RESOLUTION 2010-074 REAPPOINTING KATHLEEN M. LANE DATE: December 7, 2010 AGENDA ITEM SUMMARY STAFF: Janet Miller FORT COLLINSCOUNCIL Resolution 2010-074 Reappointing Kathleen M. Lane as Municipal Judge and Authorizing the Ninth Addendum to the Judge's Employment Agreement. EXECUTIVE SUMMARY Resolution 2010-074 reappoints Judge Lane for another two-year term to expire December 31, 2012 and authorizes the Mayor to execute an addendum to the Judge's employment agreement to reflect the change in term. BACKGROUND / DISCUSSION 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 effective July 1, 1989. Resolution 2008- 124 reappointed Judge Lane for a two-year term ending on December 31, 2010. This Resolution reappoints Judge Lane for another two-year term to expire December 31, 2012 and authorizes the Mayor to execute an addendum to the Judge's employment agreement to reflect her new term of office. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2010-074 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND AUTHORIZING THE NINTH 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 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 City Council for successive two-year terms; and WHEREAS, by adoption of Resolution 2008-124, Judge Lane was most recently reappointed by the City Council for a two-year term which will expire on December 31, 2010; and WHEREAS, the City and Judge Lane previously entered into that certain Employment Agreement dated July 31, 1989 ("the Employment Agreement"), and have also entered into eight 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, December 5, 2006, and December 9, 2008, respectively; and WHEREAS, the City 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 term of office. 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, 2011 and ending December 31, 2012. Section 2. That the Mayor is hereby authorized to execute a Ninth 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, 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 7th day of December A.D. 2010. Mayor ATTEST: City Clerk Exhibit A NINTH ADDENDUM TO MUNICIPAL JUDGE EMPLOYMENT AGREEMENT THIS NINTH ADDENDUM is made and entered into the day of December, 2010, 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 eight 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, December 5, 2006, and December 9, 2008, respectively; and WHEREAS, the City and the Employee have agreed upon a new term to the Agreement which they wish to set forth in this Ninth 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, 2012, 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. -1- 2. That except as expressly amended by this Ninth Addendum and the previous eight Addenda, 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 Ninth 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 -2-