HomeMy WebLinkAbout2020-101-11/04/2020-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF FORT COLLINS, GREELEY AND LOVELAND RESOLUTION 2020-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITIES OF FORT COLLINS, GREELEY AND LOVELAND FOR THE EXCHANGE
OF JUDICIAL SERVICES, AND APPOINTING TEMPORARY JUDGES
WHEREAS, on occasion, Municipal Judges may be prevented from sitting on the bench
by reason of personal conflict of interest, illness, vacation, or other reasons, and the Assistant
Municipal Judge presiding over and conducting the Municipal Court in such event may also be
unavailable; and
WHEREAS, in order to provide cost-effective special judicial services to temporarily
replace the services of its Municipal Judge in the event of a conflict of interest or other
circumstance, the City should cooperatively exchange the services of the City's Municipal Judge
with those of other entities; and
WHEREAS on April 16, 2019, the City Council approved Resolution 2019-046,
authorizing an intergovernmental agreement ("IGA") between the City and Loveland, with the
option to add Greeley, for the exchange of judicial services through 2020; and
WHEREAS, since then, Fort Collins Municipal Court Judge Kathleen Lane retired, and
the parties wish to enter into an updated IGA to include Fort Collins's new Chief Judge Jill Hueser
and new assistant municipal judges from each City; and
WHEREAS, because of residency requirements in the Greeley City Charter, Judge Hueser
is currently the only Fort Collins or Loveland judge who can provide special judicial services to
the City of Greeley; and
WHEREAS, City staff has discussed with Loveland's and Greeley's representatives the
proposed terms of an updated IGA to provide for the exchange of judicial services if needed to
temporarily substitute when a Municipal Judge and temporary or assistant judges are unavailable,
including the provision of replacement judicial services and compensation for costs directly
incurred to provide such services; and
WHEREAS, the new IGA would replace the current IGA and expire October 31, 2022;
and
WHEREAS, the Loveland City Council voted to approve the proposed IGA at its regular
meeting on October 20, 2020, and the City of Greeley is scheduled to vote on the matter at its
regular meeting on November 3, 2020; and
WHEREAS, Article VII, Section 1 of the 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, the City Council has the authority to designate reputable and qualified
attorneys to serve as temporary judges through October 2022; and
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WHEREAS, based on research conducted by the Chief Judge and the City Attorney's
Office, the City Council recognizes that the Loveland Municipal Judge, the Honorable Geri
Joneson; the Loveland Deputy Municipal Judges, the Honorable Marco Scalise, the Honorable
Courtenay Patterson,and the Honorable Carrie Clein; the Greeley Municipal Judge,the Honorable
Mark Gonzales; and Greeley's Assistant Municipal Judges, the Honorable Diane Knutson, the
Honorable Keith Coleman, and the Honorable Amy Penfold-Rutz, are all reputable and qualified
attorneys; and
WHEREAS, pursuant to Colorado Revised Statutes Section 29-1-203, governments may
cooperate or contract with one another to provide any function or service lawfully authorized to
each of the cooperating or contracting units of government; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Mayor be authorized to execute an IGA between the Cities of Fort Collins, Loveland and
Greeley in support thereof.
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 City Council hereby authorizes the Mayor to execute an
intergovernmental agreement between the City and the Cities of Loveland and Greeley,consistent
with this Resolution,for the purpose of appointing Judges Geri Joneson,Marco Scalise, Courtenay
Patterson, Carrie Clein, Mark Gonzales, Diane Knutson, Keith Coleman, and Amy Penfold-Rutz,
as the temporary judges for Fort Collins, with such language as the City Manager, in consultation
with the City Attorney, determines to be necessary and appropriate to protect the interests of the
City or further the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City Collins this �4th
day of November, A.D. 2020.
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