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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2020 - RESOLUTION 2020-078 AUTHORIZING THE FIRST ADDENDUMAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY August 18, 2020 City Council STAFF Jill Hueser, Chief Judge Ingrid Decker, Legal SUBJECT Resolution 2020-078 Authorizing the First Addendum to Assistant Municipal Judge Brandi Nieto’s Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to increase Judge Brandi Nieto’s pay rate to eighty-five dollars ($85) per hour. This pay rate is aligned with similar cities and with the pay rate for the newly-appointed Assistant Municipal Judge, Michelle Kline. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Judge Nieto has been with the Municipal Court for a year. Earlier this year, Council approved the reappointment of Assistant Municipal Judge Ablao at a pay rate of one hundred dollars ($100) per hour on the recommendation of Chief Judge Lane. Judge Ablao has served the City for over ten years. Council also approved appointment of Assistant Municipal Judge Kline on July 21, 2020, at a pay rate of eighty-five dollars ($85) per hour. Chief Judge Hueser researched the current pay rate in similarly-sized Colorado cities and found eighty-five dollars ($85) per hour to be aligned with the typical rate paid for relief judges. If approved, this Resolution would allow Chief Judge Hueser to align the pay rates of the newer assistant municipal judges. CITY FINANCIAL IMPACTS The proposed rate of pay of eighty-five dollars ($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 basis and the expense will be covered by the current Municipal Court budget. -1- RESOLUTION 2020-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE FIRST ADDENDUM TO ASSISTANT MUNICIPAL JUDGE BRANDI NIETO’S EMPLOYMENT AGREEMENT WHEREAS, on May 21, 2019, the City Council approved Resolution 2019-062 appointing Brandi Lynn Nieto as an Assistant Municipal Judge at a rate of Seventy-Five Dollars ($75) per hour; and WHEREAS, on May 22, 2019, the Mayor executed an agreement with Judge Nieto to serve at that hourly rate, which expires May 21, 2021 (the “Agreement”); and WHEREAS, on July 21, 2020, the City Council approved Resolution 2020-066 appointing Assistant Municipal Judge Michelle Kline at a rate of Eighty-Five Dollars ($85) per hour, which is comparable to similar jurisdictions in the State of Colorado; and WHEREAS, Judge Nieto is currently receiving a lower hourly rate of pay than both Judge Kline and the other Assistant Municipal Judge, Judge Ablao; and WHEREAS, the City Council wishes to compensate assistant municipal judges fairly and consistently, and finds it is in the best interests of the City to increase Judge Nieto’s rate to Eighty-Five Dollars ($85) per hour; and WHEREAS, the funds necessary to cover this increase are available in the current Municipal Court budget. 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 enter into an addendum to the Agreement in a form consistent with Exhibit “A”, attached hereto and incorporated herein by reference, increasing Judge Brandi Nieto’s pay rate to Eighty-Five Dollars ($85) per hour to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of August, A.D. 2020. _____________________________________ Mayor ATTEST: ________________________________ -2- City Clerk EXHIBIT A FIRST ADDENDUM TO ASSISTANT MUNICIPAL JUDGE BRANDI LYNN NIETO’S EMPLOYMENT AGREEMENT THIS FIRST ADDENDUM is made and entered into this 18th day of August, 2020, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Brandi Lynn Nieto, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WITNESSETH: WHEREAS, pursuant to Resolution 2019-062, the City Council approved of the appointment of the Employee as Assistant Municipal Judge and authorized the Mayor to enter into an employment agreement with the Employee and WHEREAS, the City and the Employee have previously entered into that certain agreement dated May 22, 2019; and WHEREAS, Chief Judge Heuser has researched what other Colorado municipalities pay relief judges and recommends an increase in the hourly rate of pay for the Employee; and WHEREAS, the City and the Employee have agreed to increase the Employee’s compensation to the regular rate of Eighty-Five Dollars per hour. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained 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 2 of the Agreement is hereby amended to read in its entirety as follows: 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. 2. That except as expressly amended by this First Addendum, 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 First Addendum to the Employment Agreement to be executed as of the day and year first above written. 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: Brandi Lynn Nieto, Esq. APPROVED: Chief Human Resources Officer APPROVED: Chief Judge Jill A. Hueser