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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/21/2020 - RESOLUTION 2020-066 APPOINTING MICHELLE R. KLINE AAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY July 21, 2020 City Council STAFF Jill Hueser, Chief Judge Ingrid Decker, Legal SUBJECT Resolution 2020-066 Appointing Michelle R. Kline as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to appoint Michelle R. Kline as an Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2) year terms. Chief Judge Jill A. Hueser recommends that Ms. Kline be appointed as a third Assistant Municipal Judge, to serve in the absence of the Chief Judge. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Michelle R. Kline as an Assistant Municipal Judge for the Fort Collins Municipal Court and authorizes the Mayor to execute an employment agreement with Ms. Kline. Chief Judge Hueser recommends the appointment of this third Assistant Municipal Judge, joining Judge Brandi Nieto and Judge Teresa Ablao, in order to provide adequate relief judge resources to cover vacation and sick leave as well as cases where there may be a conflict for one or more judges. Last year, the Court advertised an Assistant Municipal Judge position, reviewed applications, and conducted interviews. Although Judge Nieto was selected for that position, Ms. Kline was interviewed and the panel felt she was very qualified. Therefore, Judge Hueser recommends that Ms. Kline be appointed to this position. Ms. Kline is a reputable and qualified attorney who has substantial experience as a Municipal Judge with other Colorado courts. Ms. Kline has been an attorney since 2002 with no disciplinary history and currently serves as an Associate Municipal Judge for the Town of Windsor, a Municipal Judge Pro Tem for the City of Westminster, an Associate Municipal Judge for the Town of Hudson, the Presiding Municipal Judge for the Town of Keenesburg, a Relief Municipal Judge for the City of Brighton, a part-time Magistrate for Denver County Court, and a Relief Municipal Judge for the Town of Erie. CITY FINANCIAL IMPACTS The proposed rate of pay of $85 per hour is in line with the rate being paid by other Municipal Courts in the Front Range. This Assistant Municipal Judge will serve on an as-needed bases and the expense will be covered by the current Municipal Court budget. Agenda Item 16 Item # 16 Page 2 ATTACHMENTS 1. Resume (PDF) 1 MICHELLE R. KLINE Email: michellerkline@gmail.com JUDICIAL EXPERIENCE RELIEF MUNICIPAL JUDGE TOWN OF ERIE—April 2019 to Present • Preside over arraignments and trials (traffic, criminal, juvenile, and code) • Complete all associated paperwork • Assist presiding judge in keeping all processes, procedures, and paperwork up-to-date PART-TIME MAGISTRATE DENVER COUNTY COURT—August 2018 to Present • Provide coverage for numerous courtrooms, including state and municipal • Conduct felony and misdemeanor advisements, and take pleas in misdemeanor and municipal cases • Juvenile and Traffic court arraignments, pleas and trials • Wellness Court—attend staffings, participate in discussions of rewards and sanctions, and preside over court • Homeless Outreach Court—preside over court held at the Denver Rescue Mission to resolve non- violent municipal cases RELIEF MUNICIPAL JUDGE CITY OF BRIGHTON—June 2018 to Present • Preside over arraignments and trials (traffic, criminal, juvenile, and code) • Complete all associated paperwork PRESIDING MUNICIPAL JUDGE TOWN OF KEENESBURG—May 2018 to Present • Preside over arraignments and trials (traffic, criminal, juvenile, and code) • Review policies and procedures • Monitor and implement new legislative pronouncements • Create and update court documents ASSOCIATE MUNICIPAL JUDGE TOWN OF HUDSON—November 2017 to Present • Preside over arraignments and trials (traffic, criminal, juvenile, and code) • Complete all associated paperwork • Assist presiding judge in keeping all processes, procedures, and paperwork up-to-date MUNICIPAL JUDGE PRO TEM CITY OF WESTMINSTER—September 2017 to Present • Preside over arraignments, court trials, jury trials, sentencing hearings, motion hearings, revocation hearings, and review hearings (traffic, criminal, domestic violence, juvenile, and code) • Complete all associated paperwork, e.g. issuance of bench warrants, vacation of bench warrants, ruling on written motions ASSOCIATE MUNICIPAL JUDGE CITY OF GREELEY—May 2017 to October 2017 (Due to a City Council determination that all judges ATTACHMENT 1 2 had to live in the City of Greeley, I was unable to keep the position) • Preside over arraignments, court trials, jury trials, revocation hearings and review hearings (traffic, criminal, juvenile, and code) • Act as hearing officer in code violation hearings • Complete all associated paperwork, e.g. issuance of bench warrants, vacation of bench warrants, ruling on written motions ASSOCIATE MUNICIPAL JUDGE TOWN OF WINDSOR—December 12, 2016 to Preset • Preside over arraignments and trials (traffic, criminal, juvenile, and code) • Complete all associated paperwork • Assist presiding judge in keeping all processes, procedures, and paperwork up-to-date MUNICIPAL LAW EXPERIENCE ASSISTANT CITY ATTORNEY/MUNICIPAL PROSECUTOR THORNTON CITY ATTORNEY’S OFFICE—February 2014 to July 2019 • Try cases relating to municipal ordinance violations, including adult and juvenile criminal cases, traffic, zoning, sales tax, and animal control violations • Responsible for trial docket, which includes preparing the case files by reviewing charges, making necessary amendments, and offering plea bargains and sentencing recommendations • Participate daily in arraignments, bond hearings, motion hearings, and sentencings • Prepare motions, research relevant case law, keep updated on current statutory and procedural law • Advise Police Department, Building Department, City Development, and Finance Department • Write ordinances related to criminal law, animal violations, and marijuana licensing and enforcement ASSISTANT CITY ATTORNEY/MUNICIPAL PROSECUTOR LAKEWOOD CITY ATTORNEY’S OFFICE—October 2004 to February 2014 • Tried cases relating to municipal ordinance violations, including adult and juvenile criminal cases, domestic violence cases, traffic, zoning, sales tax, and animal control violations • Responsible for heavy trial docket, which included preparing the case files by reviewing charges, making necessary amendments, and interviewing witnesses and victims • Participated daily in arraignments, bond hearings, motion hearings, and sentencings • Represented the City in Juvenile Mental Health Court • Represented the City in small claims cases and in tax, zoning, and criminal appeals • Advised City departments on various issues including immigration, contracts, zoning, housing and tax OTHER LEGAL EXPERIENCE ADJUNCT INSTRUCTOR—CRIMINAL JUSTICE SECTION WESTWOOD COLLEGE—August 2008 to December 2009 • Designed curriculum for Constitutional Law, Juvenile Law, Criminal Law, and Criminal Procedure courses • Gave lectures, provided one-on-one opportunity for student questions, facilitated group discussions • Graded papers, projects and exams LAW CLERK TO JUDGE ROBERT H. RUSSELL, II 3 ARAPAHOE COUNTY DISTRICT COURT—March 2003 through October 2004 • Conducted legal research in case types including domestic, juvenile, civil and criminal, but primarily domestic relations cases, focusing on Title 14 and its components, including the UMDA, UIFSA and UCCJEA • Reviewed motions and prepared orders for the Court’s approval in case types including domestic, juvenile, civil and criminal • Voluntarily assisted other judges, who did not have sufficient support staff, in reviewing motions and preparing orders in civil, criminal and juvenile cases • Performed division clerk duties, including data entry onto ICON, managing the docket, statusing all cases on the daily docket, and making and returning phone calls to attorneys and pro se litigants EDUCATION JURIS DOCTOR, University of Denver College of Law, Denver, Colorado (2002) • GPA 3.069; Advanced Trial Practice; Civil Rights Litigation B.S. IN CRIMINAL JUSTICE, Metropolitan State College of Denver, Denver, Colorado (1998) • GPA 3.72; Recipient of Presidential Gold Scholarship; Vice President’s Honor Roll AFFILIATIONS • COLROADO BAR ASSOCIATION, Member since October 2002 • ADAMS COUNTY BAR ASSOCIATION, Member since 2014 • COLORADO MUNICIPAL JUDGES ASSOCIATION, Member since 2017 PERTINENT CONTINUING LEGAL EDUCATION • MUNICIPAL JUDGES’ BOOTCAMP, 1-day event hosted by City of Arvada • COLORADO MUNICIPAL JUDGES ASSOCIATION monthly meetings, when available and bi-annual conferences • COLORADO DISTRICT ATTORNEY’S COUNCIL, 2.5 day seminar related to criminal prosecution, constitutional law, and ethics, attended at least every other year since 2004. COMMUNITY SERVICE CROWN POINTE ACADEMY CHARTER SCHOOL • Board President • Classroom volunteer • Accumulated nearly 100 volunteer hours this school year FOOTHILLS COMMUNITY CHURCH • Kindergarten teacher every other week -1- RESOLUTION 2020-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING MICHELLE R. KLINE AS AN ASSISTANT MUNICIPAL JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII of the City Charter provides that the City Council shall appoint the judge or judges of the Municipal Court for two-year terms; and WHEREAS, Chief Judge Jill Hueser has recommended that City Council appoint an additional Assistant Municipal Judge as a back-up for herself; and WHEREAS, the City Council recognizes that Michelle R. Kline is a reputable and qualified attorney and wishes to appoint Ms. Kline to serve in such capacity on the recommendation 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 Michelle R. Kline is hereby appointed Assistant Municipal Judge, for a term beginning July 22, 2020, and ending July 21, 2022, to serve as an Assistant Municipal Judge for the City as deemed necessary by the Chief Judge. Section 3. That the compensation to be paid by the City to Ms. Kline for serving in this capacity shall be at the rate of Eighty-Five Dollars ($85) 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 reference, for the period of July 22, 2020 through July 21, 2022, between the City and Michelle R. Kline to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of July, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 21st day of July, 2020, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Michelle R. Kline, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal Judge and the Employee wishes to provide her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2020-066, the City Council has approved of the appointment of the Employee as Assistant Municipal 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 Assistant Municipal 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 Eighty-Five Dollars ($85.00) 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 July 22, 2020, to and including July 21, 2022. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. EXHIBIT A Michelle R. Kline Employment Agreement July 21, 2020 Page 2 of 5 (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 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 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: Michelle R. Kline At last known address on file with the Human Resources Department TO THE CITY: City of Fort Collins, Colorado Chief Judge Jill A. Hueser 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. EXHIBIT A Michelle R. Kline Employment Agreement July 21, 2020 Page 3 of 5 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and the Respectful Workplace Policy adopted by the City Council and agrees that 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 and the Respectful Workplace Policy adopted by the City Council at any time. (b) Although the City’s Personnel Policies and Procedures and the Respectful Workplace Policy adopted by the City Council contain 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 and the Respectful Workplace Policy adopted by the City Council 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 she 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 EXHIBIT A Michelle R. Kline Employment Agreement July 21, 2020 Page 4 of 5 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 and the Respectful Workplace Policy adopted by the City Council 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. 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 she 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. EXHIBIT A Michelle R. Kline Employment Agreement July 21, 2020 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Wade O. Troxell, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney EMPLOYEE: Michelle R. Kline, Esq. APPROVED: Chief Human Resources Officer APPROVED: Chief Judge Jill A. Hueser EXHIBIT A EXHIBIT A JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During arraignment sessions (including video advisements of prisoners held at the Larimer County Jail), the Assistant Municipal Judge shall give the advisements (or ensure that written advisements have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions, the Assistant Municipal Judge shall conduct the trials in accordance with the laws and procedures applicable to the Court.