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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/16/2018 - ITEMS RELATING TO AN UPDATED PROCESS FOR CITY COUNAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY October 16, 2018 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT Items Relating to an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Chief Judge and a Fifteenth Addendum to the Chief Judge's Employment Agreement. EXECUTIVE SUMMARY A. Resolution 2018-098 Adopting an Updated Process for City Council Evaluation of the Performance of the City Manager, City Attorney and Chief Judge. B. Resolution 2018-099 Authorizing the Fifteenth Addendum to Chief Judge Lane’s Employment Agreement. The purpose of this item is to modify the performance evaluation process for the City Manager, City Attorney and Chief Judge to allow flexibility in the timing of the evaluations and to allow the Chief Judge to use a designated facilitator. Resolution 2018-099 authorizes execution of an addendum to the Chief Judge’s employment agreement for a new two-year term. STAFF RECOMMENDATION Staff recommends adoption of the Resolutions. BACKGROUND / DISCUSSION Each year, City Council conducts a performance evaluation of the City Manager, City Attorney and Chief Judge. The current process is outlined in Resolution 2014-096 and requires the evaluations be completed in November. The proposed modification to the process allows for the evaluation to be completed near the end of the calendar year, providing for added flexibility. Additionally, the proposed modification allows for the Chief Judge to use a designated facilitator, consistent with the process for the City Manager and City Attorney. The City Charter requires a two-year term of the Chief Judge’s employment agreement. The current term expires December 31, 2018. The Fifteenth Addendum, if approved, initiates a new two-year term of the Chief Judge’s employment agreement. -1- RESOLUTION 2018-098 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AN UPDATED PROCESS FOR CITY COUNCIL EVALUATION OF THE PERFORMANCE OF THE CITY MANAGER, CITY ATTORNEY AND CHIEF JUDGE WHEREAS, the City Manager, City Attorney and Chief Judge are appointed by the City Council under the provisions of the City Charter; and WHEREAS, the Chief 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 managing 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 more formal review of these employees’ performance takes place near the end of the calendar year of the performance review period; and WHEREAS, the City Council has by resolution developed and approved a process for conducting the annual reviews, which Council has from time to time updated and revised; and WHEREAS, the City Council wishes to supersede all prior resolutions establishing such review procedures, and adopt the procedures set forth below, which revise that process to allow the use of facilitation services to assist with the gathering and exchange of information related to the Annual Reviews. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the annual, formal evaluation of the City Manager, City Attorney and Chief Judge shall be conducted in accordance with the following guidelines: Section 1. No later than October 1 of each calendar year, the Mayor shall set a date for an annual review meeting with the Council for the City Manager, City Attorney and the Chief Judge (the “Employees”) as part of the annual, formal evaluation (“Annual Review”). The City Clerk will include the scheduled date or dates on the Six-Month Calendar for Council agenda planning. Section 2. The Annual Review process shall be conducted as follows: A. Human Resources will contract with an appropriately qualified consultant (the “Facilitator”) to assist with gathering and exchange of information related to the Annual Reviews. -2- B. Human Resources will coordinate the development of an evaluation form or set of questions to be used in the evaluation process for each Employee, working with the relevant Employee, the Facilitator, and the Mayor or his or her designee. C. Human Resources will ensure the evaluation form or questions for each Employee are provided to each Councilmember at least 30 days prior to the date of the Employee’s annual review meeting with the Council. D. Each Employee will provide his or her self-evaluation and additional information he or she considers appropriate to the Council no later than 30 days prior to the date of the Employee’s annual review meeting with the Council. E. Human Resources will provide salary market information regarding each of the Employees to the Council and to the appropriate Employee no later than 30 days prior to the date of the Employee’s annual review meeting with Council. E. The Facilitator will coordinate with Human Resources, the Employees and individual Councilmembers to arrange for and meet with each Councilmember to collect evaluation input for each Employee. F. The Facilitator will prepare and distribute to all Councilmembers and the appropriate Employee a report describing and summarizing the evaluation input obtained no later than 10 days prior to such Employee’s annual review meeting with the Council. G. Each Employee will also provide to Council his or her compensation requests for the ensuing year and any proposed contract revisions no later than 10 days prior to such Employee’s annual review meeting with the Council. H. Human Resources, the Facilitator and the Employees may provide to Council at any time any additional information requested by a Councilmember or considered pertinent in relation to the Annual Review process. I. All Councilmembers, irrespective of their evaluation of the Employees, are encouraged to meet individually with the Employees to discuss their performance. Section 3. The annual, formal evaluation of the Chief Judge shall be conducted in accordance with the foregoing guidelines, except that, in addition, each year in which the Chief Judge is requesting reappointment, Human Resources or the Facilitator shall provide to Municipal Court prosecutors, defense attorneys who have worked on Municipal Court cases, and attorneys who have appeared at Liquor Licensing Authority meetings an evaluation form for use in evaluating the performance of the Chief Judge. The Chief Judge and the Human Resources Department shall prepare the form in consultation with the Mayor. Human Resources or the Facilitator shall compile the names of all persons submitting completed forms, together with a composite of the ratings and comments on the completed forms and shall provide this information to Council together with the evaluation input. -3- Section 4. Any change in the compensation of the Employees shall be approved by the Council by ordinance. That ordinance shall be adopted by the Council so that the change in compensation will take effect the first full pay period of the ensuing year. If 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 salary ordinance. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk -1- RESOLUTION 2018-099 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE FIFTEENTH ADDENDUM TO CHIEF JUDGE LANE’S EMPLOYMENT AGREEMENT WHEREAS, Chief Judge Kathleen M. Lane has served as Municipal Judge or Chief Judge for Fort Collins since 1989; and WHEREAS, Chief Judge Kathleen M. Lane’s current appointment as Chief Judge of the municipal court is through December 31, 2018; and WHEREAS, the City and Judge Lane previously entered into that certain Employment Agreement dated July 31, 1989 (the “Employment Agreement”), which has been amended by 14 previous addenda, the most recent of which is dated September 12, 2017; and WHEREAS, on June 11, 2018, the City Council conducted a mid-year performance review with the Chief Judge; and WHEREAS, within the past month, the City Council and the Chief Judge met and discussed the 2019-2020 budget for the Municipal Court in an open meeting; and WHEREAS, the Council is adequately informed about the Chief Judge’s performance and plans for continuing to oversee the Municipal Court and wishes to change Judge Lane’s agreement so that her term of employment is for another two-year term as provided in Article VII, Section 1 of the City Charter and to make changes to the Employment Agreement to reflect the Chief Judge’s new term of office. 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 Chief Judge Kathleen M. Lane is hereby reappointed as Chief Judge for the City of Fort Collins for a two-year term commencing January 1, 2019 and ending December 31, 2020. Section 3. That the Mayor is hereby authorized to execute a Fifteenth 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 interests of the City. -2- Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 16th day of October, A.D. 2018. _________________________________ Mayor ATTEST: _____________________________ City Clerk FIFTEENTH ADDENDUM TO CHIEF JUDGE EMPLOYMENT AGREEMENT THIS FIFTEENTH ADDENDUM is made and entered into the _____, day of October, 2018, 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”). WITNESSETH: 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 fourteen addenda to the Agreement 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, December 16, 2014, December 16, 2015, December 6, 2016, and September 12, 2017, respectively; and WHEREAS, the City and the Employee have agreed upon a new two-year term to the Agreement they wish to set forth in this Fifteenth 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 and addenda as follows: 1. That Subsection 2.B. of the Agreement is hereby amended to read in its entirety as follows: 2. TERM. B. The Employee agrees to remain in the exclusive employ of the City as Chief Judge from January 1, 2019 until December 31, 2020, and neither to seek or accept other employment nor to become employed by any other employer until after said termination date, unless the employment of the Employee is terminated earlier as herein provided. 2. That except as expressly amended by this Fifteenth Addendum and the previous fourteen Addenda, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. EXHIBIT A IN WITNESS WHEREOF, the parties hereto have caused this Fifteenth Addendum to the Employment Agreement to be executed as of the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: ________________________________ Wade Troxell, Mayor ATTEST: ____________________________ City Clerk Printed name: ________________ APPROVED AS TO FORM: ____________________________ City Attorney Printed name: ________________ _________________________________ Kathleen M. Lane EXHIBIT A