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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/18/2020 - RESOLUTION 2020-022 REAPPOINTING LISA D. HAMILTONAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY February 18, 2020 City Council STAFF Judge Kathleen M. Lane, Chief Judge Jenny Lopez Filkins, Legal SUBJECT Resolution 2020-022 Reappointing Lisa D. Hamilton-Fieldman as Temporary Judge and Authorizing the Execution of an Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to reappoint Lisa D. Hamilton-Fieldman as a temporary judge to continue to hear civil cases that may be filed in Fort Collins Municipal Court. The City Charter provides for the appointment of temporary judges to serve as City Council determines is necessary. Judge Hamilton-Fieldman was originally appointed in this capacity by Council in 2018. She has since handled a complex civil case filed in Fort Collins Municipal Court by citizens. Based on her work in that case and the continuing need to be able to appoint a temporary judge who has experience with civil cases such as that one, Chief Judge Kathleen M. Lane recommends that Judge Hamilton-Fieldman be reappointed. Judge Hamilton-Fieldman’s new term will be for another two years and she will continue to handle such cases as assigned by the Chief Judge. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution reappoints Lisa D. Hamilton-Fieldman as temporary judge for Fort Collins Municipal Court and authorizes the Mayor to execute a new employment agreement with her. As required by the City Charter, Judge Hamilton-Fieldman is an attorney who is both reputable and qualified to serve as temporary judge for Fort Collins for the purpose of hearing civil cases filed in Municipal Court. The need for such an appointment has been clear since 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(s) to effectively handle such civil cases. Consequently, in 2018 the Court accepted applications, interviewed, and eventually chose two attorneys to recommend to Council. On March 6, 2018, Lisa D. Hamilton-Fieldman and David Ayraud were both appointed by Council as temporary judges for the purpose of hearing civil cases. Since then, Judge Hamilton-Fieldman has expertly handled a complex and lengthy civil case assigned to her by Judge Lane. Due to conflicts related to Mr. Ayraud’s work with the County Attorney’s Office, however, he was only appointed for a brief time on one case. Mr. Ayraud and Judge Lane have agreed to not request that he be reappointed due to those conflict issues. At this time, Judge Lane believes that one temporary judge will be sufficient. Judge Lane has reviewed public records related to Judge Hamilton-Fieldman’s status and reputation and has confirmed her good standing as an attorney in Colorado as well as her reputation and qualifications. Judge Hamilton-Fieldman has been a licensed attorney for over 30 years, serving in a variety of judicial roles. She currently specializes in alternative dispute resolution with her firm called Ad Hoc: Comprehensive Special Agenda Item 18 Item # 18 Page 2 Master Services. With that firm, she has been working with the Office of Special Masters, U.S. Court of Federal Claims. The new employment agreement is similar to the agreement used for Judge Hamilton-Fieldman’s prior two- year term except that a provision regarding proprietary rights is not included in the new agreement. Judge Hamilton-Fieldman requested the change and Judge Lane believes the proprietary rights provision is unnecessary considering the limited scope of the work. This Resolution reappoints Judge Hamilton-Fieldman for a two-year term, beginning March 15, 2020, and authorizes the execution of a new employment agreement for that service. CITY FINANCIAL IMPACTS The proposed rate of pay continues to be $100 per hour. This is consistent with the amount paid by some other Municipal Courts for their Assistant or Temporary Judges, particularly those which handle more complex matters. It is higher than the $75 per hour rate currently paid to our Assistant Municipal Judges due to that complexity. Judge Hamilton-Fieldman will continue to serve on a very occasional basis, when civil cases are filed or procedures related to such cases are reviewed. The expense for the services of the Temporary Judge, though unbudgeted for 2020, will be covered by the current Municipal Court budget unless future appropriation requests are made and approved by Council. -1- RESOLUTION 2020-022 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPOINTING 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, on March 6, 2018, the City Council appointed Lisa D. Hamilton-Fieldman to serve as a temporary judge for the purpose of handling such cases for a term ending March 14, 2020; and WHEREAS, the Chief Judge has recommended that the Council reappoint 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, 2020, and ending March 14, 2022, 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, 2020, and ending March 14, 2022, 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 18th day of February, A.D. 2020. _________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 5 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this ___ day of March, 2020, 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 2020-___, 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, 2020, to and including March 14, 2022. 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. 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. 8. 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. 9. 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. 10. 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. Page 4 of 5 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.