HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2017 - SECOND READING OF ORDINANCE NO. 115, 2017, AMENDINAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 5, 2017
City Council
STAFF
Judge Kathleen M. Lane, Municipal Judge
Carrie Daggett, City Attorney
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 115, 2017, Amending Section 2-493 of the Code of the City of Fort Collins
Regarding Duties of Municipal Judges.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 15, 2017,sets out the duties of the
Municipal Judges as referenced in Article VII, Section 1, of the City Charter.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, August 15, 2017 (PDF)
2. Ordinance No. 115, 2017 (PDF)
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY August 15, 2017
City Council
STAFF
Judge Kathleen M. Lane, Municipal Judge
Carrie Daggett, City Attorney
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 115, 2017, Amending Section 2-493 of the Code of the City of Fort Collins
Regarding Duties of Municipal Judges.
EXECUTIVE SUMMARY
The purpose of this item is to set out the duties of the Municipal Judges as referenced in Article VII, Section 1,
of the City Charter.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In April 2017, a revision to the Charter provision relating to Municipal Court was approved by the voters. Article
VII, Section 1 now provides that Council shall appoint the judge or judges of Municipal Court and designate a
Chief Judge “to carry out related duties as adopted by the Council by ordinance.” This ordinance is designed to
set out, in general terms, the duties of the Chief Judge, including supervising any Assistant Municipal Judges
appointed by City Council. The expectation is that each Municipal Judge would continue to have a contract
with the City, as in the past, which could add more specificity in terms of duties.
ATTACHMENT 1
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ORDINANCE NO. 115, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-493 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING DUTIES OF MUNICIPAL JUDGES
WHEREAS, on January 17, 2017, the City Council adopted Ordinance No. 004, 2017,
submitting to a vote of the City’s registered electors a proposed amendment to Article VII,
Section 1 of the City Charter pertaining to appointment of municipal judges (the “Charter
Change”); and
WHEREAS, at the regular municipal election on April 4, 2017, voters approved the
Charter Change; and
WHEREAS, the purpose of the Charter Change was to give the City flexibility to hire
additional Municipal Judges when appropriate to handle changes in the Municipal Court
caseload, and to appoint a Chief Judge with specified duties; and
WHEREAS, City staff is recommending that Section 2-493 of the City Code, which
spells out the duties of the Municipal Judge, be amended to be consistent with the Charter
Change and to set out in general terms the duties of the Chief Judge, including supervising any
Assistant Municipal Judges appointed by the City Council.
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 2-493 of the City Code is hereby amended to read in its
entirety as follows:
Sec. 2-493 Judicial – Municipal Court; duties of Municipal Judges
(a) The Municipal Court shall be in the charge of the Chief Judge, who shall be
appointed by the City Council and shall be directly responsible to the City
Council for the functions and duties of the Municipal Court. The Chief Judge
shall manage the Municipal Court and its caseload, and shall serve as a member
of the Board of Elections in accordance with the provisions of Article VIII,
Section 5 of the Charter.
(b) The City Council may appoint one or more Assistant Municipal Judges as
may be necessary to handle the case load of the Municipal Court. Assistant
Municipal Judges shall be supervised by the Chief Judge.
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(c) As the City Council determines necessary, the City Council may also appoint
one or more qualified attorneys to serve as a temporary judge, either directly or
through an intergovernmental agreement with another city or cities.
Introduced, considered favorably on first reading, and ordered published this 15th day of
August, A.D. 2017, and to be presented for final passage on the 5th day of September, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 5th day of September, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk