HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/15/2016 - RESOLUTION 2016-028 AUTHORIZING AN INTERGOVERNMENTAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY March 15, 2016
City Council
STAFF
Judge Kathleen M. Lane, Municipal Judge
Carrie Daggett, City Attorney
SUBJECT
Resolution 2016-028 Authorizing an Intergovernmental Agreement Between the City of Fort Collins and the
Town of Windsor for the Exchange of Judicial Services and Appointing a Temporary Judge.
EXECUTIVE SUMMARY
The purpose of this item is to authorize an intergovernmental agreement with the Town of Windsor for judicial
services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge
and temporary judge from hearing a particular Municipal Court case.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On occasion, the Municipal Judge may be prevented from sitting on the bench by reason of personal conflict of
interest, illness, vacation, or other reason, and the Assistant Municipal Judge presiding over and conducting
the Municipal Court in such event may also be unavailable.
Executing an IGA is a cost-effective method of providing for judicial services in the event of an absence of the
Municipal Judge.
The City Charter gives Council the authority to name the Municipal Judge and any alternate judge.
The Resolution authorizes the Mayor to execute the agreement with the Town of Windsor as described in the
Resolution. The Resolution names the Windsor Municipal Judge, the Honorable Michael E. Manning, an
attorney who is both reputable and qualified to be the Fort Collins Municipal Judge, to provide judicial services
to the City in the absence of the current Municipal Judge, through calendar year 2016.
The City Attorney’s Office has reviewed public records related to Judge Manning’s status and reputation, and
has confirmed his good standing as an attorney in Colorado and his reputation and qualifications.
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RESOLUTION 2016-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF FORT COLLINS AND THE TOWN OF WINDSOR
FOR THE EXCHANGE OF JUDICIAL SERVICES AND APPOINTING
A TEMPORARY JUDGE
WHEREAS, on occasion, Municipal Judges may be prevented from sitting on the bench
by reason of personal conflict of interest, illness, vacation, or other reason, and the Assistant
Municipal Judge presiding over and conducting the Municipal Court in such event may also be
unavailable; and
WHEREAS, in order to provide cost-effective special judicial services to temporarily
replace the services of the Municipal Judge in the event of a conflict of interest or other
circumstance, the City should cooperatively exchange the services of the City’s Municipal Judge
with that of another entity; and
WHEREAS, Section 1 of Article VII of the City Charter sets forth the requirements for
the appointment of the Municipal Judge and temporary judge; and
WHEREAS, the City Council has the authority to designate a reputable and qualified
attorney to serve as temporary judge through calendar year 2016; and
WHEREAS, the City Council recognizes that Windsor’s Municipal Judge, the Honorable
Michael E. Manning, is a reputable and qualified attorney; and
WHEREAS, staff has discussed with Windsor representatives the proposed terms of an
intergovernmental agreement providing for the exchange of judicial services when needed to
temporarily substitute when the City’s or Town’s Municipal Judge and temporary judge are
unavailable, including the provision of replacement judicial services and compensation for costs
directly incurred to provide such services; and
WHEREAS, pursuant to Colorado Revised Statutes Section 29-1-203, governments may
cooperate or contract with one another to provide any function service lawfully authorized to
each of the cooperating or contracting units of government; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Mayor be authorized to execute an intergovernmental agreement between the City and
Windsor in support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That City Council hereby authorizes the Mayor to execute an
intergovernmental agreement between the City and the Town of Windsor consistent with this
Resolution for the purpose of appointing Judge Michael E. Manning as the temporary judge, with
such language as the City Manager, in consultation with the City Attorney, determines necessary
and appropriate to protect the interests of the City or further the purposes of this Resolution, as
set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of March, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk