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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2012 - RESOLUTION 2012-091 AMENDING RESOLUTION 2006-124 TDATE: September 18, 2012 STAFF: Janet Miller AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT Resolution 2012-091 Amending Resolution 2006-124 to Revise the Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Municipal Judge. EXECUTIVE SUMMARY Resolution 2006-124 outlines the process for completion of the annual formal performance evaluation of the City Manager, City Attorney and Municipal Judge (the “Employees”), as well as the process for determining compensation and benefit changes. In order to improve communication and provide more timely information to Council, the due date for Employee self-evaluations and compensation requests will be moved from 4 days prior to the Employees annual review to 20 days prior. BACKGROUND / DISCUSSION Resolution 2006-124 establishes the formal process for evaluating and documenting job performance of the City Attorney, City Manager and Municipal Court Judge, as well as the process for determining compensation and benefit changes. Accordingly, an annual performance evaluation is completed by the Mayor and Council Members using the process outlined by resolution. The Resolution modifies the due date for the Employee self-evaluations and compensation requests. In order to improve communication and provide additional time for Council to review information in preparation for the annual review, changes are needed in the defined process steps and deadlines. Specifically, the Employees will provide Council with self-evaluations as well as compensation requests no later than 20 days prior to the annual review. This deadline is currently 4 days prior to the annual review. This revision will improve the exchange of information between Employees and Council and improve the quality of the annual performance evaluation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2012-091 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RESOLUTION 2006-124 TO REVISE THE PROCESS FOR CITY COUNCIL EVALUATION OF THE PERFORMANCE OF THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL JUDGE WHEREAS, the City Manager, City Attorney and Municipal Judge are appointed by the 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 City Manager and City Attorney serve terms of indefinite duration; and WHEREAS, the City 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 City 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 City Council has, through the adoption of Resolutions 2000-123 and 2001- 018, and 2006-124, and developed and approved a process for conducting the annual review; and WHEREAS, the City Council wishes to make certain revisions to that process pertaining to the order in which the employees and Councilmembers exchange information related to the annual review. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2006-124 is hereby amended so that the annual, formal evaluation of the City Manager, 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 Tem 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. CB. Not later than four (4)twenty (20) days prior to the annual review, the Employees shall provide the Council with their self-evaluations, using the form that has been provided to Councilmembers, together with containing such additional information as they may consider appropriate, together with and shall also provide their compensation requests for the ensuing year and any proposed contract revisions. BC. No later than ten (10) days prior to the annual review, the all Councilmembers shall submit completed evaluation forms completed by the Councilmembers shall be submitted to the Human Resources Director. D. Not later than five (5) days prior to the annual review, the Human Resources Director shall distribute to all Councilmembers and the appropriate Employee: (1) copies of each completed evaluation form; (2) for distribution to the Council and the Employees, together with: (1) a composite of all such forms; (23) pertinent information regarding the total compensation paid to the persons holding comparable positions of employment in other comparable Colorado Front Range cities; and (34) any other information that may be considered pertinent by the Human Resources Director, the Council or the Employees. DE. Prior to Council’s discussion of the proposed compensation and benefits of the Employees, the Mayor and Mayor Pro Tem shall meet with each Employee to discuss the Employee’s compensation request. EF. 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. FG. 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 Tem 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 -2- 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 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. Not later than twenty (20) 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. CD.Not 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 Human Resources Director, the Council or the Municipal Judge. DE. 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. -3- 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. 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 Council of the City of Fort Collins this 18th day of September A.D. 2012. Mayor ATTEST: City Clerk -4-