HomeMy WebLinkAboutAgenda - Read Before Packet - 7/8/2014 - City Council Special Meeting Agenda Item Summary - July 8, 2014 - Interim City AttorneyItem # Page 1
AGENDA ITEM SUMMARY July 8, 2014
City Council
STAFF
Darin Atteberry, City Manager
SUBJECT
Resolution 2014-057 Appointing an Interim City Attorney.
EXECUTIVE SUMMARY
The purpose of this item is to appoint an interim City Attorney.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution appoints an interim City Attorney in light of the unexpected passing last week of Steve Roy,
who has served as City Attorney for the City of Fort Collins since 1988.
Article VI of the City Charter provides that the City Council shall appoint a City Attorney who shall be licensed
to practice law in the State of Colorado, and fix the compensation of a City Attorney. The City Attorney is
authorized to appoint Assistant and Deputy City Attorneys, as determined by the Council, and to assign duties
to those attorneys.
Under the City Charter, the City Attorney has multiple roles. The first is to advise the officers and employees
of the City in matters relating to their official powers and duties. This occurs in a fast paced and rapidly
changing environment and often entails researching and preparing memoranda to offer legal opinions and
advice to the City Council and a variety of other constituents within the organization. The Charter also
provides that the City Attorney is responsible for drafting all ordinances and other legal documents that the City
needs in the course of its operations. The Charter also assigns the City Attorney responsibility for representing
the City in all legal proceedings, including dozens of civil actions and handling the prosecution of cases in
Municipal Court. Finally, the Charter provides that the City Attorney is responsible for attending all meetings of
the City Council. In addition to Council meetings, the City Attorney oversees participation of legal staff in the
meetings of a wide variety of Council committees and City boards and commissions. The quality and
timeliness of the legal services provided by the City Attorney, directly and through the City Attorney’s Office,
are critical to ensuring that the objectives of the City Council and City staff are met.
The Resolution authorizes and requests that the Mayor and Mayor Pro Tem discuss and work with the
appointed interim City Attorney to develop a proposal for compensation, benefits and other terms of
appointment, in consultation with the Human Resources Director. The proposed terms of appointment will
then be presented in Ordinance form for Council consideration on First Reading on July 15, 2014. The
Resolution provides that the interim appointment continue in effect until such time as the Council officially
appoints the new City Attorney, or such earlier time as the Council may, by resolution or motion, subsequently
determine to be in the best interests of the City.
RESOLUTION 2014-057
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING AN INTERIM CITY ATTORNEY
WHEREAS, Stephen Roy, City Attorney of the City of Fort Collins since 1988, died
suddenly on July 3, 2014; and
WHEREAS, the City Charter places the responsibility for appointing a City Attorney
with the City Council; and
WHEREAS, the position of City Attorney will remain vacant until the Council has
developed and completed a selection process and appointed a new City Attorney; and
WHEREAS, it is desirable to appoint an interim City Attorney, pending the completion
of the foregoing selection process, to perform the duties of City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That ________________________ is hereby appointed by the Council as
interim City Attorney to perform the duties of City Attorney, which appointment shall take effect
immediately upon adoption of this Resolution.
Section 2. That the Mayor and Mayor Pro Tem are hereby authorized and requested
to work with the appointed interim City Attorney in consultation with the Human Resources
Director, to establish proposed compensation, benefits and other terms of the appointment, to be
considered by the City Council on July 15, 2014.
Section 3. That the compensation, benefits and other terms of appointment for the
interim City Attorney will be established by the Council by ordinance, with first reading no later
than July 15, 2014, to be made effective retroactively to the date of the commencement of the
interim City Attorney’s duties.
Section 4. That this interim appointment will continue in effect until such time as the
Council officially appoints the new City Attorney or such earlier time as the Council may, by
resolution or motion, subsequently determine to be in the best interests of the City.
Passed and adopted at a special meeting of the Council of the City of Fort Collins this 8th
day of July, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk