HomeMy WebLinkAbout2017CV01 - Hoffman & Hunt V. City Of Fort Collins, Et Al - 024A - Loveland Resolution Appointing Judge LanePage 204 of 329
MEETING DATE:
TO:
FROM:
PRESENTER:
4/18/2017
City Council
Municipal Court
Judge Geri Joneson City of Loveland
TITLE:
A Resolution Approving an Intergovernmental Agreement among the City of Loveland, the City of
Greeley, and the City of Fort Collins for Sharing of Judicial Services.
RECOMMENDED CITY COUNCIL ACTION:
Adopt the resolution to approve the Intergovernmental Agreement (IGA)
OPTIONS:
1. Adopt the action as recommended. This will allow the sharing of judicial services.
2. Deny the action.
3. Adopt a modified action. Specify what would be modified in the motion.
SUMMARY:
The Cities of Loveland, Fort Collins and Greeley have been sharing judicial resources since 1994.
There is an IGA approved by resolution, adopted March 15, 1994, that authorizes the sharing of
judicial services. The current IGA is intended to update the 1994 Agreement and to establish the
terms and conditions under which the exchange of services should occur. There is no change in
employment status or compensation for the judges. The purpose is to allow for those situations
where an appointed municipal judge is not available due to a conflict of interest, illness or other
reason and the deputy judge is also not available.
BUDGET IMPACT:
□ Positive
□ Negative
m Neutral or negligible
REVIEWED BY CITY MANAGER:
SCA
LIST OF ATTACHMENTS:
Resolution with Exhibit A, Intergovernmental Agreement
City of Loveland Council Meeting Agenda Page 1 of 1
Page 205 of 329
RESOLUTION #R-35-2017
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG
THE CITY OF LOVELAND, CITY OF GREELEY, AND FORT COLLINS FOR
SHARING OF JUDICIAL SERVICES
WHEREAS, the Municipal Court of Loveland is presided over by a Municipal Judge
employed by the City of Loveland, and the City of Greeley and the City of Fort Collins have a
Municipal Judge appointed and employed by each respective City; and
WHEREAS, governmental entities may cooperate and enter into agreements or contract
with one another to provide any function, serv ice, or facility lawfully authorized to each of the
cooperating units of government pursuant to C.R.S. § 29-1-203; and
WHEREAS, on occasion, a Municipal Judge may be prevented from sitting on the bench
or presiding over a case by reason a personal connict of interest, vacation, illness or other reason,
and the Assistant Municipal Judge may also be unavailable; and
WHEREAS, in order to provide cost-effective and efficient special judicial services to
temporarily replace the services of the Municipal Judge in the event of a conflict of interest or
other circumstance, the Municipalities desire to cooperatively exchange the services of their
Municipal Judge with each other; and
WHEREAS, Section 9-2 of the Charter authorizes the Council to appoint by the
affirmative vote of two-thirds of the entire Council deputy municipal Judges; and
WHEREAS, Council desires to approve an intergovernmental agreement for the exchange
of Judicial services among the City of Loveland, the City of Greeley and the City of Fort Collins;
and
WHEREAS. Council desires to appoint Judge Lane. Municipal Judge for the City of Fort
Collins, and Judge Nieto. Municipal Judge for the City of Greeley, as deputy municipal Judges for
the City of Loveland.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LOVELAND, COLORADO, THAT:
Section 1. The "Intergovernmental Agreement Between The City Of Loveland. City
of Greeley, and City of Fort Collins and Larimer County for Judicial and Administrative Services”
attached hereto as Exhibit A and incorporated herein by reference ("Intergovernmental
Agreement"), is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the
Intergovernmental Agreement, in consultation with the City Attorney, and subject to any
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modifications in form or substance as deemed necessary to effectuate the purposes of this
Resolution or to protect the interests of the City.
Section 3. Judge Lane and Judge Nieto are hereby appointed as deputy municipal
judges serving pursuant to the Intergovernmental Agreement herewith approved.
Section 4. This Resolution shall be effective as of the date of its adoption.
ADOPTED this 18‘'’ day of April, 2017.
Cecil A. Gutierrez. Mayor
AT'fES'f:
Acting City Clerk
APPROVED AS TO FORM;
Assisi.anL^ty Attorney
Page 207 of 329
Exhibit A to Resolution #R-35-2017
INTERGOVERNMENTAL AGREEMENT
FOR JUDICIAL AND ADMINISTRATIVE SERVICES
THIS AGREEMENT is made and entered into as of , 2017, by and
between THE CITY OF FORT COLLINS. COLORADO (■•Fort Collins"). THE CITY OF
I.OVELAND. COLORADO (“Loveland") and THE CITY OF GREELEY. COLORADO
(■'Greeley") and each and all also will be collectively referred to as the “Municipality" or the
■'Municipalities."
WITNESSETH:
WTIEREAS. pursuant to Section 29-1-203. C.R.S.. governments may cooperate or
contract with one another to provide any function, service or facility lawfully authorized to each
of the cooperating or contracting units of government: and
WI lEREAS. the Municipal Courts of Cities and Towns are generally held and presided
over by Municipal .ludges employed by the Municipalities; and
WHEREAS, on occasion, the Municipal Judges may be prevented from sitting on the
bench or presiding over a case by reason of personal conflict of interest, vacation, illness or other
reason, and in some cases the Assistant Municipal Judge (also known as the temporary Judge)
may also be unavailable; and
WHEREAS, in order to provide cost-effective and efficient special judicial services to
temporarily replace the services of the Municipal Judge in the event of a conllict of interest or
other circumstance, the Municipalities desire to cooperatively exchange the services of their
Municipal Judge with each other; and
W'HEREAS. Section 1 of Article VII of the Fort Collins City Charter sets forth the
requirements for the appointment of the Municipal Judge and temporary judge, including that the
temporary judge be a reputable and qualified attorney ; and
WHEREAS. Section 9-2 of the City of Loveland Charter sets forth the requirements for
appointment of the Municipal Judge and deputy municipal judges, including that such judges
shall be an attorney at law admitted to practice in Colorado; and
WHEREAS, Section 7-1 of the Charter of the City of Greeley sets forth the requirements
for appointment of the Judge or Judges of the Municipal Court and states that in the Judge or
Judges' absence the Council shall designate an attorney to serve as Judge; and
WHEREAS, the City Councils of all three Municipalities have the authority to designate
an attorney to serve as a deputy or temporary judge; and
Page 208 of 329
WHEREAS, by Resolution 2017-the Fort Collins City Council recognized that the
Loveland Municipal Judge, the Honorable Geri Joneson, and the Greeley Municipal Judge, the
Honorable Brandi Nieto are reputable and qualified attorneys; and
WHEREAS, by _, the Loveland City Council recognized that the Fort Collins
Municipal Judge, the Honorable Kathleen M. Lane, and the Greeley Municipal Judge are
attorneys at law licensed to practice in Colorado; and
WFIERFIAS, by Resolution 2017- , the Greeley City Council recognized the Fort
Collins Municipal Judge and the Loveland Municipal Judge as attorneys qualified to serve as
assistant judges in accordance with Section 2.08.050 of the Greeley Municipal Code; and
WHEREAS, the Fort Collins City Council authorized the Mayor of Fort Collins to
execute an intergovernmental agreement between Fort Collins, Loveland and Greeley for the
purpose of appointing Judge Joneson and Judge Nieto as temporary judges, through December
31,2018. with such language in an intergovernmental agreement as the Municipalities determine
is appropriate to provide for the exchange of judicial services when needed; and
WHEREAS, the Loveland City Council has authorized the Mayor of I,oveland to execute
an intergovernmental agreement between Fort Collins, Loveland and Greeley, for the purpose of
appointing Judge Lane and Judge Nieto as deputy judges through December 31,2018, with such
language in an intergovernmental agreement as the Municipalities determine is appropriate to
provide for the e.xchange of judicial services when needed; and
WFIEREAS, the Greeley City Council has authorized the Mayor of Greeley to execute an
intergovernmental agreement between Fort Collins, Loveland and Greeley, for the purpose of
appointing Judge Joneson and Judge Lane to serve as assistant judges through December 31,
2018, with such language in an intergovernmental agreement as the Municipalities determine is
appropriate to provide for the exchange of judicial services when needed; and
WHEREA.S, the Municipalities' City Councils have determined it would be in the best
intere.sts of their respective Municipalities to enter into an Intergovernmental Agreement to
authorize the exchange of such judicial services under appropriate circumstances and to establish
the terms and conditions upon which such exchange of services should occur.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the receipt and adequacy of which arc hereby
acknowledged, the parties agree as follows:
1. Exchange of Judicial Services. If the presiding Municipal Judge of Fort Collins,
Loveland or Greeley, in her discretion, determines that a conflict of interest exists, or that any
assistant or backup judges are unavailable to perform the normal duties of her position, the lead
presiding Municipal Judge (“the Requesting Municipal Judge”) shall determine whether it would
Page 209 of 329
be appropriate to exchange judicial services under this Agreement. In making such
determination, the Requesting Municipal Judge shall consider the unique circumstances which
give rise to the need for a secondary assistant or backup Municipal Judge as well as any other
factors which the Requesting Municipal Judge may consider to be relevant. If the City Council or
the Municipal Judge for a Municipality determines that an exchange of judicial services would
be appropriate under this Agreement, the Requesting Municipal Judge shall notify the Municipal
Judge for either of the other Municipalities, ("the Responding Municipal Judge”) and request that
she provide such services.
Upon receipt of such request, the Responding Municipal Judge shall determine whether
such services may be provided without unduly interfering with the Responding Municipality's
ability to perform the normal duties of its own court. The Responding Municipal Judge shall
notify the Requesting Municipal Judge within three (3) working days as to whether the request
for judicial services can be accommodated. If so, the Responding Municipal Judge will provide
such services. If no response is received from the Responding Municipal Judge within three (3)
working days, the request shall be deemed denied.
2. Reimbursement of Costs. The party for whom judicial services are rendered
under this Agreement ("the Requesting Municipality”) shall provide a replacement judge for
judicial services for the other party ("the Responding Municipality”) if requested by the
Responding Muncipality. and shall reimburse the Responding Municipality for all out-of-pocket
expenses incurred in rendering the requested judicial services. Such expenses shall include,
without limitation, cost of reproducing documents, mileage, and long distance telephone calls,
and shall exclude any reimbursement for compensation paid by the Responding Municipality to
its Municipal Judge, its Temporary or Assistant or Deputy Judge, or to its support staff Payment
of such expenses shall be made within thirty (30) days of the date of receipt of any billing
therefor. The Requesting Municipality shall endeavor to limit the costs to the Responding
Municipality by providing staff support as needed, copies of documents and the use of
equipment such as telephones or computers.
3. Employment Status. Throughout the delivery of the requested secondary judicial
services, the Responding Municipal Judge and/or her personnel shall discharge the
responsibilities of the Requesting Municipality in accordance w ith the Requesting Municipality's
Charter and Code and other laws applicable to Requesting Municipality but shall continue to be
employed solely by the Responding Municipality, and the delivery of such judicial services for
the Requesting Municipality by the Responding Municipal Judge and/or her personnel shall be
considered to be within the scope of the performance of the Responding Municipal Judge's
duties for and employment by the Responding Municipality.
4. Workers' Compensation Insurance and Other Benefits. If the Responding
Municipal Judge or other personnel of the Responding Municipality is injured, disabled or dies
while providing services to the Requesting Municipality under this Agreement, said individual
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shall remain covered by, and eligible for. the workers compensation and other benefits to which
said individual would otherwise be entitled if the injury, disability or death had occurred while
acting solely as an employee of the Responding Municipality and not providing services to the
Requesting Municipality under this Agreement. Nothing herein shall be deemed to create an
employment relationship between the Requesting Municipality and the Responding Municipal
Judge.
5. Governiniz Law. This Agreement shall be governed by and enforced in
accordance with the laws of the State of Colorado. In addition, the Municipalities acknow ledge
that there are legal constraints imposed upon them by the constitutions, statutes, rules and
regulations of the State of Colorado and of the United States, and by their respective charters and
codes and that, subject to such constraints, the Municipalities intend to carry out the terms and
conditions of this Agreement. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner so as to be effective and valid under applicable law. Venue for any
judicial proceeding concerning this Agreement shall only be in the District Court for Larimer or
Weld County. Colorado.
6. Liability and Governmental Immunity. Lach party is responsible for its own
negligence and that of its officers, employees and agents. I lowever, the parties agree that all
liabilities, claims and demands shall be subject to any notice requirements, defenses, immunities
or limitations to liability under the Colorado Governmental Immunity Act (Section 24-10-101,
C.R.S., et seq.) and to any other defenses, immunities or limitations to liability available to the
Requesting Municipality under state and federal law.
7. Obligations Subject to Appropriation. The financial obligations of the parties
under this Agreement in subsequent fiscal years are subject to the appropriation of funds
sufficient and intended for such purposes by each party's City Council in its discretion.
8. Term. The term of this Agreement shall continue through December 31,2018.
Any party may withdraw from this Agreement at any time by giving written notice of
termination to the each of the other parties not less than thirty (30) days prior to the date of
withdrawal.
9. Prior Agreement. This Agreement replaces and supersedes the Intergovernmental
Agreement for Judicial and Administrative Services between the parties dated January 18, 1994,
which shall be of no further force or effect.
IN WITNESS W'HEREOF, the Municipalities have executed this Agreement the day and
year first above written.
[Signalwe pages follow.]
Page 211 of 329
Date:
CITY OF FORT COLLINS. COLORADO
a municipal corporation
By:
Wade TroxelL Mayor
ATTFST:
City Clerk
APPROVFID AS 10 FORM:
Senior Assistant City Attorney
Page 212 of 329
CITY OF LOVRLAND, COLORADO
Date; By;______________________
Cecil Gutierrez, Mayor
A'n'LS'F;
City Clerk
APPROVE£D AS TO FORM;
Assistant City Attorney
Page 213 of 329
Date:
ATTEST:
City Clerk
Approved as to Sribstanee:
Roy Otto
Approved as to Availability of Funds:
Victoria Riinkle
APPROVED AS TO FORM:
CITY OF GREEEEY, COLORADO
By:_______________________
Thomas E. Norton. Mayor
Doug Marek