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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2015 - ITEMS RELATING TO THE COMPENSATION AND EMPLOYMENTAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY December 15, 2015 City Council STAFF Janet Miller, Assistant Human Resources Director SUBJECT Items Relating to the Compensation and Employment Agreement of the Municipal Judge. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 160, 2015 Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Municipal Judge. B. Resolution 2015-108 Authorizing the Twelfth Addendum to the Municipal Judge’s Employment Agreement. City Council met in executive session on November 10, 2015, to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance, unanimously adopted on First Reading on December 1, 2015, establishes the 2015 salary of the Municipal Judge at $113,740. Resolution 2015-108 approves and authorizes the Mayor to sign an addendum to the Judge's contract to increase annual vacation leave to from 30 to 32 days per year. STAFF RECOMMENDATION None. ATTACHMENTS 1. First Reading Agenda Item Summary, December 1, 2015 (w/o attachments) (PDF) 2. 2015-2016 Benefits Comparison Chart (PDF) 3. Ordinance No. 160, 2015 (PDF) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY December 1, 2015 City Council STAFF Janet Miller, Assistant Human Resources Director SUBJECT First Reading of Ordinance No. 160, 2015, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Compensation of the Municipal Judge. EXECUTIVE SUMMARY The purpose of this item is to set the 2016 salary for the Municipal Judge. Market data and performance are considered when determining City employee compensation. City Council met in executive session on November 10, 2015 to conduct the annual performance review of Municipal Judge, Kathleen Lane. Market data has been provided to Council and the employee. This Ordinance establishes the 2016 salary of the Municipal Judge. STAFF RECOMMENDATION None. BACKGROUND / DISCUSSION In order to attract and retain a high caliber workforce, the City is committed to paying employees a salary that is market based and competitive. The Municipal Judge’s salary is benchmarked against Colorado data. Job performance is an important factor when determining salary. The City Council and the Municipal Judge meet formally twice a year to discuss performance, goals and objectives. In 2015, the compensation* and retirement contributions to the Municipal Judge included the following: 2015 Compensation and Retirement 2015 Annual Salary $ 109,365 ICMA (457) $ 3,281 ICMA (401) $ 10,937 Total Monetary Compensation $ 123,583 *Amount is calculated based on 0.8 Full-Time Equivalent (FTE) The Municipal Judge was eligible for health and welfare benefits consistent with other City staff as well as paid time off. Health and Welfare Benefits Annual Medical Insurance $ 8,940 Dental Insurance $ 540 Agenda Item 16 Item # 16 Page 2 Life Insurance $ 191 Long Term Disability $ 505 Leave Benefits Vacation (30 days per year) Holidays (11 days per year) Resolution 2014-096, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge states 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. The Ordinance will amend the City Code to reflect Municipal Judge Kathleen Lane’s salary beginning January 4, 2016. ATTACHMENTS 1. Powerpoint presentation (PDF) Prepared by Human Resources Municipal Judge Monetary Monetary % Increase 4.00% Base Salary $109,365 Base Salary $113,740 Medical Insurance 8,940 Medical Insurance 9,930 Dental Insurance 540 Dental Insurance 540 Life Insurance 191 Life Insurance 198 Long Term Disability 505 Long Term Disability 525 ICMA 457 3,281 ICMA 457 3,412 ICMA 401 10,937 ICMA 401 11,374 $4,375 Non-Monetary Non-Monetary Vacation 30 days Vacation 30 days Holiday 11 days Holiday 11 days Total Compensation $133,759 Total Compensation $139,719 % Difference - Total Comp 4.5% $ Difference - Total Comp $5,960 2015 - 0.8 FTE Projected 2016 - 0.8 FTE November 18, 2015 ATTACHMENT 2 ORDINANCE NO. 160, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE COMPENSATION OF THE MUNICIPAL JUDGE WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the Municipal Judge; and WHEREAS, the City of Fort Collins is committed to compensating its employees in a manner that 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, each year the City Council conducts a review of the past year's performance and the next year’s goals of the Municipal Judge; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the Municipal Judge to bring that salary more in line with the appropriate market data; and WHEREAS, the City’s philosophy is to reward performance that meets or exceeds expectations; and WHEREAS, the City Council has determined that the base salary of the Municipal Judge should be established at the amount of $113,740 effective January 4, 2016, so that the total compensation of the Municipal Judge for 2016 will be $139,719. NOW, THEREFORE, BE IT ORDAINED 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. Section 2. That Section 2-606 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-606. Salary of the Municipal Judge. The base salary to be paid to the Municipal Judge for working 0.8 FTE shall be one hundred thirteen thousand seven hundred forty dollars ($113,740) per annum, payable in biweekly installments, which sum shall be charged to general government expense. Section 3. That the effective date of the salary adjustment shall be January 4, 2016. Introduced, considered favorably on first reading, and ordered published this 1st day of December, A.D. 2015, and to be presented for final passage on the 15th day of December, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of December, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk RESOLUTION 2015-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE TWELFTH ADDENDUM TO THE MUNICIPAL 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 2014-121, Judge Lane was most recently reappointed by the City Council for a two-year term that will expire on December 31, 2016; 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 eleven 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, December 9, 2008, December 13, 2010, December 5, 2012, and December 16, 2014, respectively; and WHEREAS, the City Council wishes to make changes to the Employment Agreement to reflect different terms concerning vacation leave. 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. Section 2. That the Mayor is hereby authorized to execute a Twelfth 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, 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 15th day of December, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk -1- Exhibit A TWELFTH ADDENDUM TO MUNICIPAL JUDGE EMPLOYMENT AGREEMENT THIS TWELFTH ADDENDUM is made and entered into the _______ day of December, 2015, 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”). W I T N E S S E T H: 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 eleven 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, December 9, 2008, December 13, 2010, December 5, 2012, and December 16, 2014, respectively; and WHEREAS, the City and the Employee have agreed upon certain additional modifications to the Agreement which they wish to set forth in this Twelfth 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 6.A. of the Agreement is hereby amended so as to read in its entirety as follows: 6. VACATION AND SICK LEAVE A. The Employee shall be granted thirty-two (32) days of annual vacation leave, commencing as of the first pay period in January, 2016. Five (5) days of such vacation leave shall be credited to the Employee as of the first full pay period of each year. The remaining balance of twenty-seven (27) days of annual vacation leave shall accrue throughout the remainder of each such calendar year and be prorated on a bi-weekly basis. Notwithstanding any City policy to the contrary, vacation leave accrued and unused by the Employee shall be subject to the following terms and conditions: -2- (1) At any time during the term of this Agreement, but no more than twice annually, the Employee may elect to receive the cash equivalent of a portion of her accrued, unused vacation, based upon her then current rate of pay; provided, however, that no more than eighty (80) hours of accrued, unused vacation leave may be converted to a cash payment in any given calendar year. The amount of said payment shall be based upon the Employee’s current rate of pay at the time of conversion. (2) At the end of each calendar year, the balance of the Employee’s accrued, unused vacation leave remaining after any such cash conversion shall be carried over to subsequent years, up to a maximum accrual of 780 hours. Any balance in excess of 780 hours that exists as of the last day of the final pay period of the calendar year shall be forfeited by the Employee. For the purpose of this provision, the “final pay period of the calendar year” shall mean the last pay period that begins in such year. (3) Upon the cessation of the Employee’s employment with the City, whether by termination, death, disability, resignation or otherwise, the Employee shall be compensated by cash payment for the total amount of her accrued, unused vacation leave balance. The amount of said payment shall be based upon the Employee’s then current rate of pay. Any payment made to the Employee by the City under this provision shall be in addition to any amounts previously paid for accrued, unused vacation leave under subparagraph (2) above and any other amounts payable to the Employee under this Agreement. 3. That except as expressly amended by this Twelfth Addendum and the previous First Addendum, Second Addendum, Third Addendum, Fourth Addendum, Fifth Addendum, Sixth Addendum, Seventh Addendum, Eighth Addendum, Ninth Addendum, Tenth Addendum, and Eleventh Addendum, 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 Twelfth 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 -3- ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney _________________________________ Kathleen M. Lane