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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2018 - ITEMS RELATING TO APPOINTING TEMPORARY JUDGES ANDAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 6, 2018 City Council STAFF Judge Kathleen M. Lane, Chief Judge Ingrid Decker, Legal SUBJECT Items Relating to Appointing Temporary Judges and Authorizing the Execution of Employment Agreements. EXECUTIVE SUMMARY A. Resolution 2018-021 Appointing Lisa D. Hamilton-Fieldman as Temporary Judge and Authorizing the Execution of an Employment Agreement. B. Resolution 2018-022 Appointing David Ayraud as Temporary Judge and Authorizing the Execution of an Employment Agreement. The purpose of this item is to appoint Lisa D. Hamilton-Fieldman and David Ayraud as temporary judges to hear civil cases filed in Fort Collins Municipal Court. The City Charter provides for the appointment of temporary judges to serve as City Council determines is necessary. Chief Judge Kathleen M. Lane recommends that Ms. Hamilton-Fieldman and Mr. Ayraud be appointed as Temporary Judges to handle such cases as assigned by the Chief Judge. STAFF RECOMMENDATION Staff recommends adoption of both Resolutions. BACKGROUND / DISCUSSION These Resolutions authorize the Mayor to execute employment agreements with Lisa D. Hamilton-Fieldman and David Ayraud, attorneys who are both reputable and qualified to serve as Temporary Judges for Fort Collins for the purpose of hearing civil cases filed in Municipal Court. The need for these appointments became clear in 2017 when the first civil case was filed in Municipal Court. Due to the current caseload and potential conflicts, it is not possible for the Chief Judge or the Assistant Municipal Judge to effectively handle such civil cases. Consequently, the Court advertised for interested, qualified attorneys to submit applications for the position of Temporary Judge. Interviews were held on February 23, 2018 with a panel which included Judge Lane, Court Administrator Patty Netherton, Deputy City Attorney John Duval, private attorney Jim Martell, and citizen representative Kathryn Dubiel. Based on the application materials, interviews, and input from the panel, Judge Lane now recommends that these two individuals be appointed. Appointing two Temporary Judges to hear civil cases will allow the Court some flexibility in handling more than one civil case at a time or if conflicts arise. Judge Lane has reviewed public records related to Ms. Hamilton-Fieldman and Mr. Ayraud’s status and reputation and has confirmed their good standing as attorneys in Colorado and their reputations and qualifications. Agenda Item 12 Item # 12 Page 2 • Lisa Hamilton-Fieldman has been a licensed attorney for 30 years, serving in a variety of judicial roles, and is currently a part-time Magistrate for Denver County Court. • David Ayraud has been a licensed attorney for 20 years, has experience as a Hearings Officer, and is currently a Senior County Attorney for Larimer County. These resolutions appoint Ms.Hamilton-Fieldman and Mr. Ayraud for two-year terms, beginning March 15, 2018, and authorize the execution of employment agreements for that service. CITY FINANCIAL IMPACTS The proposed rate of pay is $100 per hour. This is consistent with the amount paid by many other Municipal Courts for their Assistant or Temporary Judges and is the same amount that the Court intends to request for Assistant Municipal Judge Ablao when her contract is renewed mid-2018. The Temporary Judges will serve on an occasional basis, when civil cases are filed. They will also provide some initial review and advice concerning the City’s current procedures relating to the filing and handling of civil cases. The expense for the services of the Temporary Judges, though unbudgeted for 2018, will be covered by the current Municipal Court budget unless future appropriation requests are made and approved by Council. ATTACHMENTS 1. Resume and Cover Letter - Lisa D. Hamilton-Fieldman (PDF) 2. Resume and Cover Letter - David Ayraud (PDF) -1- RESOLUTION 2018-021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING LISA D. HAMILTON-FIELDMAN AS TEMPORARY JUDGE AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII, Section 1 of the City Charter and City Code Section 2-493 allow the City Council to designate one or more reputable and qualified attorneys to serve as temporary judge(s) in addition to the Chief Judge and Assistant Municipal Judge(s); and WHEREAS, the City Council recognizes the need for temporary judge(s) to be appointed for the specific purpose of handling civil cases filed in Municipal Court; and WHEREAS, the Chief Judge has conducted a competitive selection process and evaluated the qualifications and suitability of several applicants; and WHEREAS, the Chief Judge has recommended that the Council appoint Lisa D. Hamilton-Fieldman as a reputable qualified attorney suitable for the role of temporary judge; and WHEREAS, the City Council recognizes that Lisa D. Hamilton-Fieldman is a reputable and qualified attorney; and WHEREAS, the City Council wishes to appoint Lisa D. Hamilton-Fieldman to serve in such capacity under the supervision of the Chief Judge. 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 Lisa D. Hamilton-Fieldman is hereby appointed Temporary Judge, for a term beginning March 15, 2018, and ending March 14, 2020, to serve as a temporary judge for the City for civil cases filed in Municipal Court as assigned by the Chief Judge. Section 3. That the compensation to be paid by the City to Ms. Hamilton-Fieldman for serving in this capacity shall be at the rate of One Hundred Dollars ($100) per hour. Section 4. That the Mayor is hereby authorized to enter into an employment agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this reference, for the period of March 15, 2018, and ending March 14, 2020, between the City and Lisa D. Hamilton-Fieldman to effectuate the purposes of this Resolution. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of March, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 5 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this ___ day of March, 2018, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Lisa D. Hamilton-Fieldman, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Temporary Judge and the Employee wishes to provide his/her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2018-021, the City Council has approved of the appointment of Lisa D. Hamilton-Fieldman as Temporary Judge and has authorized the Mayor to enter into an Employment Agreement; and WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and requirements regarding the employment of the Employee by the City. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and the Employee do hereby agree to the following: 1. Scope of Services The City agrees to employ the Employee as Temporary Judge and the Employee agrees to perform all functions and duties as specified in the job description attached hereto as Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be assigned. 2. Compensation The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00) per hour, less deductions and withholdings required by law, or authorized by Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in coordination with the Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay. 3. Term of Employment (a) The term of this Agreement shall be from March 15, 2018, to and including March 14, 2020. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. (b) It is understood and agreed to by the Employee that upon termination of this Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee EXHIBIT A Page 2 of 5 shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other than as provided in Paragraphs 2 and 6 of this Agreement. 4. Early Termination (a) Either party may terminate this Agreement at any time with or without cause prior to the expiration of the term hereof by providing written notice of termination to the other party at least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion, provide the Employee with fifteen (15) calendar days' compensation at his/her regular rate in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into the United States mail, postage prepaid, addressed as follows: TO THE EMPLOYEE: Lisa D. Hamilton-Fieldman last known address on file with the Human Resources Department TO THE CITY: Fort Collins Municipal Court Chief Judge Kathleen M. Lane P.0. Box 580 Fort Collins, CO 80522 (b) The City has appropriated funds in the current fiscal year to meet the obligations of this Agreement through the current fiscal year. This Agreement shall terminate at the end of the City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to appropriate funds beyond the current fiscal year. 5. Insurance Coverage; Vacation, Holiday and Sick Leave The Employee shall not be entitled to the medical insurance plans, dental insurance plans, vision plan, life and accidental death and dismemberment insurance plans, long term disability plan, an Employee Assistance Program, retirement or deferred compensation plans, or any other group insurance plan or other benefits that may be offered to some other City employees. The Employee shall not be entitled to paid vacation time, paid holiday time, paid sick leave, paid short-term disability leave, or any other sort of paid leave as may be available to some other City employees. 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and agrees that he/she shall comply with and be bound by all provisions that apply to contractual employees. The Employee acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or otherwise change any and all policies and procedures in the Personnel Policies and Procedures at any time. Page 3 of 5 (b) Although the City’s Personnel Policies and Procedures contains examples of types of disciplinary action including dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4 above. (c) In the event that any applicable personnel policies set forth in the City’s Personnel Policies and Procedures are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling. 7. Proprietary Rights (a) The Employee will disclose to the City promptly all improvements, discoveries, ideas, inventions, and information pertinent to the operation or functions of the City which the Employee may develop either individually or in conjunction with others, or of which existence the Employee may otherwise learn during the period of employment by the City. (b) The Employee agrees that all products which s/he may develop during the Employee's employment, whether individually or in conjunction with others, and all intermediate and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like created in connection therewith (collectively referred to as “Work Product”), and any formulae, processes, logarithms, ideas and other information not generally known to the public, whether or not protected by copyright, and developed or generated by the Employee in the course of the Employee's employment hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable works, fixation in a tangible medium of expression. (c) The Employee hereby assigns to the City the sole and exclusive right, title and interest in and to all Work Product, and all copies of such Work Product, without further consideration. The Employee further acknowledges that the City shall retain ownership of and the right to reproduce, market, license, or otherwise distribute any program or material produced by the Employee under the terms of this Agreement. 8. Entire Agreement This Agreement constitutes the entire agreement between the parties concerning the rights granted herein and the obligations assumed herein. Any oral representation or oral modification concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in the City's Personnel Policies and Procedures may be amended, modified, supplemented or rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is further understood and agreed by the Employee that no representation, promise or other agreement not expressly contained herein has been made to induce the execution of this Agreement, and that the terms of this Agreement are contractual and not merely recitals. Page 4 of 5 9. Enforcement of Agreement; Attorneys' Fees and Costs If any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it or s/he is entitled. 10. Severability Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and enforceability of the remaining parts, terms and provisions should not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement. 11. Binding Effect This Agreement shall be binding upon the parties hereto and the heirs, successors and assigns of each respectively. The City and the Employee freely and voluntarily enter into this Agreement and have executed this Agreement having first read the same and intending to be bound. CITY OF FORT COLLINS, COLORADO ATTEST: a municipal corporation By: _______________________________ By: _________________________ Wade Troxell, Mayor City Clerk Name: _______________________ APPROVED AS TO FORM: By: __________________________ Assistant City Attorney Name: ________________________ EMPLOYEE: APPROVED: _____________________ ______________________________ Lisa D. Hamilton-Fieldman, Esq. By: _________________________ Human Resources Director Name: ______________________ APPROVED: By: _________________________ Chief Judge Kathleen M. Lane Page 5 of 5 EXHIBIT A JOB DESCRIPTION FOR THE TEMPORARY JUDGE The Temporary Judge shall perform all necessary and appropriate judicial duties relating to civil cases filed in Fort Collins Municipal Court when assigned to such cases or assigned to review procedures or perform other related tasks by the Chief Judge. The Temporary Judge shall handle such cases in accordance with all applicable laws and procedures. The Temporary Judge shall be supervised by the Chief Judge. -1- RESOLUTION 2018-022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING DAVID AYRAUD AS TEMPORARY JUDGE AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII, Section 1 of the City Charter and City Code Section 2-493 allow the City Council to designate one or more reputable and qualified attorneys to serve as temporary judge(s) in addition to the Chief Judge and Assistant Municipal Judge(s); and WHEREAS, the City Council recognizes the need for temporary judge(s) to be appointed for the specific purpose of handling civil cases filed in Municipal Court; and WHEREAS, the Chief Judge has conducted a competitive selection process and evaluated the qualifications and suitability of several applicants; and WHEREAS, the Chief Judge has recommended that the Council appoint David Ayraud as a reputable qualified attorney suitable for the role of temporary judge; and WHEREAS, the City Council recognizes that David Ayraud is a reputable and qualified attorney; and WHEREAS, the City Council wishes to appoint David Ayraud to serve in such capacity under the supervision of the Chief Judge. 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 David Ayraud is hereby appointed Temporary Judge, for a term beginning March 15, 2018, and ending March 14, 2020, to serve as a temporary judge for the City for civil cases filed in Municipal Court as assigned by the Chief Judge. Section 3. That the compensation to be paid by the City to Mr. Ayraud for serving in this capacity shall be at the rate of One Hundred Dollars ($100) per hour. Section 4. That the Mayor is hereby authorized to enter into an employment agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this reference, for the period of March 15, 2018, and ending March 14, 2020, between the City and David Ayraud to effectuate the purposes of this Resolution. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of March, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 5 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this ___ day of March, 2018, by and between the City of Fort Collins, hereinafter referred to as the “City,” and David Ayraud, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Temporary Judge and the Employee wishes to provide his/her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2018-022, the City Council has approved of the appointment of David Ayraud as Temporary Judge and has authorized the Mayor to enter into an Employment Agreement; and WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and requirements regarding the employment of the Employee by the City. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and the Employee do hereby agree to the following: 1. Scope of Services The City agrees to employ the Employee as Temporary Judge and the Employee agrees to perform all functions and duties as specified in the job description attached hereto as Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be assigned. 2. Compensation The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00) per hour, less deductions and withholdings required by law, or authorized by Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in coordination with the Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay. 3. Term of Employment (a) The term of this Agreement shall be from March 15, 2018, to and including March 14, 2020. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. (b) It is understood and agreed to by the Employee that upon termination of this Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee EXHIBIT A Page 2 of 5 shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other than as provided in Paragraphs 2 and 6 of this Agreement. 4. Early Termination (a) Either party may terminate this Agreement at any time with or without cause prior to the expiration of the term hereof by providing written notice of termination to the other party at least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion, provide the Employee with fifteen (15) calendar days' compensation at his/her regular rate in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into the United States mail, postage prepaid, addressed as follows: TO THE EMPLOYEE: David Ayraud last known address on file with the Human Resources Department TO THE CITY: Fort Collins Municipal Court Chief Judge Kathleen M. Lane P.0. Box 580 Fort Collins, CO 80522 (b) The City has appropriated funds in the current fiscal year to meet the obligations of this Agreement through the current fiscal year. This Agreement shall terminate at the end of the City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to appropriate funds beyond the current fiscal year. 5. Insurance Coverage; Vacation, Holiday and Sick Leave The Employee shall not be entitled to the medical insurance plans, dental insurance plans, vision plan, life and accidental death and dismemberment insurance plans, long term disability plan, an Employee Assistance Program, retirement or deferred compensation plans, or any other group insurance plan or other benefits that may be offered to some other City employees. The Employee shall not be entitled to paid vacation time, paid holiday time, paid sick leave, paid short-term disability leave, or any other sort of paid leave as may be available to some other City employees. 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and agrees that he/she shall comply with and be bound by all provisions that apply to contractual employees. The Employee acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or otherwise change any and all policies and procedures in the Personnel Policies and Procedures at any time. Page 3 of 5 (b) Although the City’s Personnel Policies and Procedures contains examples of types of disciplinary action including dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4 above. (c) In the event that any applicable personnel policies set forth in the City’s Personnel Policies and Procedures are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling. 7. Proprietary Rights (a) The Employee will disclose to the City promptly all improvements, discoveries, ideas, inventions, and information pertinent to the operation or functions of the City which the Employee may develop either individually or in conjunction with others, or of which existence the Employee may otherwise learn during the period of employment by the City. (b) The Employee agrees that all products which s/he may develop during the Employee's employment, whether individually or in conjunction with others, and all intermediate and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like created in connection therewith (collectively referred to as “Work Product”), and any formulae, processes, logarithms, ideas and other information not generally known to the public, whether or not protected by copyright, and developed or generated by the Employee in the course of the Employee's employment hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable works, fixation in a tangible medium of expression. (c) The Employee hereby assigns to the City the sole and exclusive right, title and interest in and to all Work Product, and all copies of such Work Product, without further consideration. The Employee further acknowledges that the City shall retain ownership of and the right to reproduce, market, license, or otherwise distribute any program or material produced by the Employee under the terms of this Agreement. 8. Entire Agreement This Agreement constitutes the entire agreement between the parties concerning the rights granted herein and the obligations assumed herein. Any oral representation or oral modification concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in the City's Personnel Policies and Procedures may be amended, modified, supplemented or rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is further understood and agreed by the Employee that no representation, promise or other agreement not expressly contained herein has been made to induce the execution of this Agreement, and that the terms of this Agreement are contractual and not merely recitals. Page 4 of 5 9. Enforcement of Agreement; Attorneys' Fees and Costs If any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it or s/he is entitled. 10. Severability Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and enforceability of the remaining parts, terms and provisions should not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement. 11. Binding Effect This Agreement shall be binding upon the parties hereto and the heirs, successors and assigns of each respectively. The City and the Employee freely and voluntarily enter into this Agreement and have executed this Agreement having first read the same and intending to be bound. CITY OF FORT COLLINS, COLORADO ATTEST: a municipal corporation By: _______________________________ By: _________________________ Wade Troxell, Mayor City Clerk Name: _______________________ APPROVED AS TO FORM: By: __________________________ Assistant City Attorney Name: ________________________ EMPLOYEE: APPROVED: _____________________ ______________________________ David Ayraud, Esq. By: _________________________ Human Resources Director Name: ______________________ APPROVED: By: _________________________ Chief Judge Kathleen M. Lane Page 5 of 5 EXHIBIT A JOB DESCRIPTION FOR THE TEMPORARY JUDGE The Temporary Judge shall perform all necessary and appropriate judicial duties relating to civil cases filed in Fort Collins Municipal Court when assigned to such cases or assigned to review procedures or perform other related tasks by the Chief Judge. The Temporary Judge shall handle such cases in accordance with all applicable laws and procedures. The Temporary Judge shall be supervised by the Chief Judge.