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HomeMy WebLinkAboutMemo - Mail Packet - 1/21/2020 - Memorandum From Teresa Roche Re: Update On Chief Judge Recruitment ProcessHuman Resources 215 N. Mason Street 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6535 Date: January 15, 2020 To: Mayor Troxell and Councilmembers From: Teresa Roche, Chief Human Resources Officer CC: Darin Atteberry, City Manager Kelly DiMartino, Deputy City Manager RE: Update on Chief Judge Recruitment Process Executive Summary The purpose of this memo is to provide highlights on the first phase of the recruitment process for the Chief Judge position and to prepare you for your individual meetings scheduled at the end of January with Edward Williams, the executive recruiter from Baker Tilly. A more detailed recruitment plan with milestones, a timeline and highlighted Council actions will be sent later this month. The outcome of this phase is to develop a final position description so we can post and communicate the opportunity the first week of February. Highlights Attached are the draft minutes from the December 31, 2019 Council Ad Hoc Committee comprised of Mayor Troxell, Mayor Pro Tem Stephens and Councilmember Gutowsky. In a subsequent conversation, the decision was made to utilize an executive search firm and Baker Tilly was chosen. The key drivers for using a search firm are: • Allows for the use of passive sourcing where the recruiter identifies competitive talent who when contacted might then be open to the opportunity. • Provides expert capability in best ways to recruit for a critical position and can advise on optimal approach. • Allows for an in-depth dialogue with potential candidates and excellent vetting so that candidates brought forward are highly interested and qualified. • Presentation of candidate profiles are thorough and well done in addition to doing top notch references and background checking. • Internal and external stakeholders can be engaged in a neutral and objective manner. • The offer stage is navigated by a neutral third party. Also attached is a DRAFT position description for the Chief Judge opening. The decision was made that it would be easier for you to review a draft and provide your specific feedback when you meet with Edward Williams. Calendar invites have been sent to each of you. Darin Atteberry, Carrie Daggett, Kathleen Lane and Patty Netherton will also meet with Edward Williams. Additionally, when the recruiter is on site in January, two internal and one external stakeholder sessions have been scheduled to solicit others’ thoughts on the position description. There will be more sessions scheduled during the month of February to engage other key individuals and groups to listen to what they believe we should emphasize during the interview and selection process. A schedule of these sessions and participants will be communicated to you. A summary of key themes from these conversations will be created and shared with Council. While we will never replace Chief Judge Lane, this is an exciting opportunity for you to hire for the future. Any questions, please let me know. TR The City of Fort Collins, Colorado Chief Judge Position DRAFT v2 The Opportunity The Chief Judge is appointed by the City Council and is accountable to lead The Fort Collins Municipal Court. This position is responsible for administering the operations of the judicial branch of City government according to the ordinances adopted by City Council. Cases adjudicated in Municipal Court typically include traffic violations, misdemeanors, and civil infractions. Generally, cases are brought to Municipal Court by the Fort Collins Police Services, Colorado State University Police Department, Animal Control, other City departments, and private residents. Liquor Licensing and/or Marijuana Licensing Authority duties are included. The Chief Judge works collaboratively with key stakeholders in the Municipal Court system to ensure effective, fair and respective municipal processes take place as well as with key leaders on policy issues related to the Court in order to provide joint policy recommendations to City Council. Fort Collins is experiencing population growth and is home to Colorado State University. With a student enrollment of 32,000, the University significantly affects the composition and culture of Fort Collins. The ideal candidate must have a genuine desire to serve the community of Fort Collins by providing the highest possible level of service. It is fundamental to administer equitable, fair, and impartial justice in a timely and respectful manner; protect fundamental rights; promote public safety; and facilitate community reparation. Position Chief Judge Unclassified Management Annual Salary Range: The City of Fort Collins is offering a competitive salary commensurate with experience and a comprehensive benefits package. Relocation assistance will also be available for the successful out of area candidate. The Position: The Chief Judge is appointed by the City Council on a contractual basis with the terms of employment outlined in the contract and City Charter. The Fort Collins Municipal Court is responsible for administering the operations of the judicial branch of City government according to the ordinances adopted by City Council. Cases adjudicated in Municipal Court typically include traffic violations, misdemeanors, and civil infractions. Generally, cases are brought to Municipal Court by the Fort Collins Police Services, Colorado State University Police Department, Animal Control, other City departments, and private residents. Liquor Licensing or Marijuana Licensing Authority duties may be included. The Judge is responsible for the administration of the Court, manages the Court Administrator who supervises a staff of twelve and is also responsible to manage any assistant judges and referees to ensure consistent hearing of cases. The Chief Judge will incorporate elements of a problem‐solving court focused on modifying illegal behaviors to improve the community’s overall quality of life. As Fort Collins is a University city with an internationally recognized college, the Judge and their staff work with a diverse global and economic population with many young adults learning to navigate their way as students learning and living in a community with others. There is a strong partnership with Colorado State University to work collaboratively with their students. The Chief Judge also works collaboratively with key stakeholders in the Municipal Court system to ensure effective, fair and respective municipal processes take place as well as with key leaders on policy issues related to the Court in order to provide joint policy recommendations to City Council. Being a judge in a municipal court requires a strong community orientation as there are multiple opportunities to change behavior for the benefit of the individual and the community. The ideal candidate must have a genuine desire to serve the community of Fort Collins. Summary of Accountabilities: The following are illustrative of the primary functions of this position and are not intended to be all inclusive: Municipal Court – Judicial Duties • Conducts arraignments, hearings and trials in an efficient and appropriate manner. Advises defendants of their rights, administers oaths and affirmations, rules on admissibility of evidence and methods of conducting testimony, examines evidence and interprets applicable law, and enforces orders, rules, and judgments in compliance with all applicable law. •Reviews files for Municipal Court defendants who have recently been placed in custody at the Larimer County Jail or other facility. Sets bond types and amounts and/or holds video advisements in an efficient and appropriate manner. •Manages system for summoning jurors in an efficient and appropriate way. Instructs juries on applicable law and directs juries to deduce facts from evidence presented. •Imposes fines and sentences upon finding of guilt or responsibility according to City Code, and state and federal law. Designs and implements appropriate and creative penalties. Enforces penalties consistently, according to City Code and Charter as well as state law. •Protects and preserves the record to ensure that the City and defendants have a record on which to appeal, if necessary. •Establishes, oversees, and participates in procedures to respond quickly and appropriately to failures to appear, pay, and/or comply with sentencing conditions. •Periodically revises the Fine Schedule, also used for bonding purposes, to ensure appropriate typical fine levels for first offenses. •Considers, and recommends to City Council for adoptions appropriate, new or revised costs and fees to charge in applicable cases, taking into consideration existing costs and fees charged by this as well as other Colorado Courts. •Reports to and receives feedback from City Council as requested, necessary, and appropriate to keep Council informed of the Court’s activities while respecting proper separation of powers. •Recruits, selects, engages. develops and manages the performance of the Court Administrator and staff, Assistant Municipal Judge(s) and Municipal Court Referee(s). Municipal Court – Administrative Duties •Acts as Department Head for Municipal Court Department of the City, cooperating with the City Manager and reporting directly to City Council. •Ensures efficient, appropriate, and effective operation of the Court in terms of case flow management including on‐going evaluation of pending case loads and development and implementation of systems (both automated and procedural) that support effective calendar management and prompt disposition of cases. • Develops Court budget for submittal to City Council through the City Manager’s Office, following established guidelines and reflecting City goals where appropriate. Reviews expenditures periodically with the Court Administrator, identifying any variances from budgeted amounts and setting up action plans to correct the same when possible. • Oversees plans and negotiations relating to long‐term office and courtroom space needs of the Municipal Court, coordinating efforts with the City’s Operations Services; oversees departmental structure changes and assists in determining staffing needs; oversees development of court computer applications. • Prepares regular case flow and financial reports, as well as special studies and statistical analysis when appropriate, and uses information to make logical changes in court systems where appropriate. • Sets trial dockets and coordinates use of Courtroom by other users when necessary. • Manages the Court’s Bond (Trust) Account in accordance with City financial and accounting standards, including reconciling and preparing regular deposits and monthly balancing of the account. Liquor Licensing Authority Duties • Acts as the local Liquor Licensing Authority for the City. Conducts regular meetings to determine if new liquor licenses should be granted; existing licenses should be renewed, transferred, or granted a change of location; manager registrations should be approved, etc. • Reviews Motions to Suspend or Revoke licenses. Determines, at hearing, if a violation of a liquor license has occurred. If a violation is proven, decides what sanction(s) shall be imposed. Reviews, at a hearing, stipulated admissions of violations and recommended sanctions. • Conducts all hearings in a fair and impartial manner consistent with the laws of the City and state. Rules on admissibility of evidence and procedures to be followed and makes rulings consistent with the evidence presented. • Works with the City Clerk’s Office to create clear and concise formats for statistical reporting of the Authority’s activities for use by City Council and the public. Question: Do we need to consider anything related to Marijuana licensing? Judge Lane emphasized that this is not a current duty, but may be one in the future. Perhaps leave it off the posting, but include discussion during evaluation of candidates including their exposure to MJ licensing laws and programs and their position on it… Capabilities: • Excellent communications skills – written, verbal and interpersonal; able to exhibit presence in various settings, tailor communication style to diverse audiences, and present complex information in a clear, diplomatic and understandable manner. • Demonstrated cultural competence to effectively interact, work, and develop meaningful relationships with people of various cultural backgrounds. • Able to balance confidence and humility. • Demonstrated confidence in rendering decisive, well‐founded factual findings, legal opinions and sentencing without regard to popularity of decision. • Demonstrated capability to work collaboratively and effectively with employees in all city departments involved in the liquor licensing and enforcement areas, such as the City Clerk’s Office, City Attorney’s Office, Police Department, and other departments as needed. • Possesses judicial temperament with respect to attentiveness, patience, impartiality, promptness and courtesy. • Confidence in making sound judgments and exhibiting patience when dealing with stressful situations. • Able to bring compassion into challenging situations. • Unquestionable personal integrity, character and conviction. • Strong attention to detail. • Proven leadership and operational management skills. • Experience building teams, implementing processes and practices in an emerging leading‐edge community is strongly desired. • Strong learning orientation. Leverages all resources and is creative in ways of learning for self and others. • Demonstrated capability in anticipating, adapting and innovating Municipal Court practices and solutions effectively and right‐sizing them to the needs of the organization. Education and Experience: • Graduation from a nationally accredited school of law. • Licensed to practice law in Colorado. • Five years legal experience. Experience in municipal court administration and experience with criminal law is desirable. • Knowledge of Colorado Law, the Colorado Municipal Government Rules of Procedure, and the Colorado Rules of Criminal Procedure. • Knowledge of Fort Collins City Charter, City Code, and City Traffic Code. • Extensive experience as a practicing attorney and/or Municipal Judge. • Multi‐lingual skills are desirable. Any equivalent combination of education, training, and experience, which would provide the required knowledge and skills, may be considered. Chief Judge Recruitment Ad Hoc Council Committee December 31, 2019 8:00 am to 9:30 am Minutes Members in Attendance: Mayor Wade Troxell, Mayor Pro Tem Kristin Stephens, Teresa Roche, Chief Human Resources Officer, Jenny Lopez Filkins, Senior Asst. City Attorney, Jeanne Sanford, Paralegal, Catherine MacGowan, HR Benefits Partner. A meeting of Chief Judge Recruitment Ad Hoc Council Committee (“Committee”) was held on Tuesday, December 31, 2019, at 8:00 am in the City Manager’s Commons Conference Room. Agenda: 1. Call Meeting to Order a. Review purpose and expectations of this ad hoc committee 2. Public Comments (limited to approximately 2 minutes per speaker) 3. Discussion items: a. Align on approach and desired outcomes for ad hoc committee b. Outline an action plan and timeline c. Review and recommend an external search firm d. Review draft position description 4. Adjournment. Mayor Pro Tem Stephens participated by phone. Mayor Troxell called the meeting to order at 8:10 a.m. Mayor Troxell discussed the need to fill the position of Chief Judge due the retirement of the current chief judge and this committee being formed to help with that process and bring a candidate to the Council. It was noted Chief Judge Lane has been in her position for 34 years. Teresa Roche discussed the agenda. Purpose: Recommend a formal plan and schedule for Chief Judge recruitment and selection. Outcome: New Chief Judge in role by June 1, 2020. Start date for new hire: June 1. Chief Judge last day is July 3. Draft recruitment and timeline discussed. Ms. Roche discussed efforts to gain insights from the city attorney; Ms. Roche also contacted the cities of Greeley, Westminster and Lakewood who all recently hired or are currently hiring chief judges. All hiring went internal – no search firms used. Ms. Roche discussed a City RFP to retain an executive search firm for high level City positions, which took place in December 2019. As a result of that process, three search firms were selected. Only one firm has done a judicial hire in the past. The Committee discussed the pros and cons of using an outside search firm. Mayor Pro Tem Stephens felt using search firm was valuable and provided services that help capture the values we want in a candidate. Ms. Stephens said she leans toward using such a firm. Mayor Troxell agreed as it does reduce risk but wanted more information about why an outside search firm is necessary to fill this position. The Committee discussed the three search firms currently being contemplated, all of whom understand the public sector and Council‐manager governments. Search will be state‐wide target market (not national). Mayor Troxell indicated he would like more information before deciding whether to use a search firm to fill this position. Ms. Roche posed another question to the Committee: As was done when the Chief of Police was hired, there were meetings between the key stakeholders in the community to see what they felt were important qualifications for this position. The Committee may need to have some of those conversations here. The internal meetings would include City Councilmembers, Carrie Daggett, Darin Atteberry and Kathleen Lane. The Committee agreed on 1x1 meetings to gather input. External key stakeholders identified: o Citizen Review Board o Human Relations Commission o Non‐profits re: homelessness issue, juvenile cases o Kim Medina, local Immigration attorney o List of individuals from Patty Netherton (waiting on that). Ms. Lopez Filkins noted the open meetings law that may apply to meetings that include more than two City Councilmembers. The Committee will discuss meeting schedule at a later date. Timeline for recruitment and screening was discussed with February 15 as the target date for posting or advertising the position opening.  Candidate evaluation and screening by February 28.  Recommendation of candidates by March 13.  Interviewing and selection process completed by April 30.  Appointment of candidate by May 8 and start date of June 1.  Onboarding and transition with incumbent by July 3. Ms. Roche discussed keeping Council informed along this process. She would prepare an update with actions that need Council input. Mayor Troxell added that if more involvement was needed from Council, then we can adjust. The Committee discussed the candidate pool and timing of such to keep Council informed. Mayor Pro Tem Stephens stated the Committee may need an in‐between step to see the bigger pool of candidates rather than just the last few. Teresa Roche stated that objective may be accomplished through this Ad Hoc Committee. Catherine MacGowan discussed the process of hiring and there may come a time in the selection process when the identity of the candidates applying for the position will need to be made public. Candidates will likely be made aware of this situation if they are still employed at the time of the interviewing and want to keep that private. They will have to make a choice at that point. Teresa Roche noted she did a draft of a position description which was included in the Council packet. The Committee discussed the draft and stated it was a good place to start. May want to expand on and add cultural competency. Also considered was working with the student population in situations such as nuisance, the stadium and rental issue charges. The Committee discussed whether and how much to engage Kathleen Lane in this hiring process. While it may be beneficial to draw from her insight and expertise, the Committee agreed that it may be best to engage Judge Lane as needed in this process. Another person important to engage in this process would be Patty Netherton as she plays a critical role in the day to day operations and pressures of Municipal Court. Meeting adjourned at 9:53 am.