HomeMy WebLinkAbout2020-110-12/01/2020-APPOINTING KRISTIN BROWN AND LEVIY JOHNSON AS ASSISTANT MUNICIPAL JUDGES OF THE FORT COLLINS MUNICIPEXHIBIT A
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of December, 2020, by and
between the City of Fort Collins, hereinafter referred to as the “City,” and Kristin Nordeck Brown,
hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant
Municipal Judge and the Employee wishes to provide her services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2020-110, the City Council has approved of the
appointment of the Employee as Assistant Municipal 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 Assistant Municipal 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
(a) The Employee shall be compensated at the regular rate of Eighty-Five Dollars
($85.00) 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 December 1, 2020, to and including
November 30, 2022. Nothing contained in this Agreement shall preclude renegotiation of this
Agreement prior to the expiration of its term.
EXHIBIT A
Kristin Nordeck Brown
Employment Agreement
December 1, 2020
Page 2 of 5
(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
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 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:
Kristin Nordeck Brown
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
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, or paid short-term disability leave.
Effective January 1, 2020, the Employee shall be entitled to paid sick leave granted to employees
who are not classified or unclassified management employees as allowed by City Personnel
Policies Procedures Section 6.4.
EXHIBIT A
Kristin Nordeck Brown
Employment Agreement
December 1, 2020
Page 3 of 5
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the Respectful Workplace Policy adopted by the City Council and agrees that 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
and the Respectful Workplace Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the Respectful Workplace
Policy adopted by the City Council contain 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.
In the event that any applicable personnel policies set forth in the City’s Personnel Policies and
Procedures and the Respectful Workplace Policy adopted by the City Council are inconsistent or
conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries, ideas,
inventions, and information pertinent to the operation or functions of the City which the Employee
may develop either individually or in conjunction with others, or of which existence the Employee
may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the Employee's
employment, whether individually or in conjunction with others, and all intermediate and partial
versions thereof, as well as all materials, flow charts, notes, outlines and the like created in
connection therewith (collectively referred to as “Work Product”), and any formulae, processes,
logarithms, ideas and other information not generally known to the public, whether or not protected
by copyright, and developed or generated by the Employee in the course of the Employee's
employment hereunder, shall be the sole property of the City upon their creation or, in the case of
copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and interest
in and to all Work Product, and all copies of such Work Product, without further consideration. The
EXHIBIT A
Kristin Nordeck Brown
Employment Agreement
December 1, 2020
Page 4 of 5
Employee further acknowledges that the City shall retain ownership of and the right to reproduce,
market, license, or otherwise distribute any program or material produced by the Employee under the
terms of this Agreement.
8. 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 and the Respectful Workplace Policy adopted by
the City Council 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.
9. 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 she is entitled.
10. 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.
11. 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.
EXHIBIT A
Kristin Nordeck Brown
Employment Agreement
December 1, 2020
Page 5 of 5
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Wade O. Troxell, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
EMPLOYEE:
Kristin Nordeck Brown, Esq.
APPROVED:
Chief Human Resources Officer
APPROVED:
Chief Judge Jill A. Hueser
EXHIBIT A
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort
Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During
arraignment sessions (including video advisements of prisoners held at the Larimer County
Jail), the Assistant Municipal Judge shall give the advisements (or ensure that written
advisements have been reviewed and signed by defendants), accept pleas of “guilty” and “no
contest,” and process paperwork as requested by the Chief Judge or Court Administrator.
During trial sessions, the Assistant Municipal Judge shall conduct the trials in accordance with
the laws and procedures applicable to the Court.
EXHIBIT B
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of December, 2020, by and
between the City of Fort Collins, hereinafter referred to as the “City,” and Leviy Johnson,
hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant
Municipal Judge and the Employee wishes to provide his services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2020-110, the City Council has approved of the
appointment of the Employee as Assistant Municipal 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 Assistant Municipal 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
(a) The Employee shall be compensated at the regular rate of Eighty-Five Dollars
($85.00) 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 December 1, 2020, to and including
November 30, 2022. Nothing contained in this Agreement shall preclude renegotiation of this
Agreement prior to the expiration of its term.
EXHIBIT B
Leviy Johnson
Employment Agreement
December 1, 2020
Page 2 of 5
(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
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 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:
Leviy Johnson
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
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, or paid short-term disability leave.
Effective January 1, 2020, the Employee shall be entitled to paid sick leave granted to employees
who are not classified or unclassified management employees as allowed by City Personnel
Policies Procedures Section 6.4.
EXHIBIT B
Leviy Johnson
Employment Agreement
December 1, 2020
Page 3 of 5
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the Respectful Workplace Policy adopted by the City Council and agrees that 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
and the Respectful Workplace Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the Respectful Workplace
Policy adopted by the City Council contain 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.
In the event that any applicable personnel policies set forth in the City’s Personnel Policies and
Procedures and the Respectful Workplace Policy adopted by the City Council are inconsistent or
conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries, ideas,
inventions, and information pertinent to the operation or functions of the City which the Employee
may develop either individually or in conjunction with others, or of which existence the Employee
may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the Employee's
employment, whether individually or in conjunction with others, and all intermediate and partial
versions thereof, as well as all materials, flow charts, notes, outlines and the like created in
connection therewith (collectively referred to as “Work Product”), and any formulae, processes,
logarithms, ideas and other information not generally known to the public, whether or not protected
by copyright, and developed or generated by the Employee in the course of the Employee's
employment hereunder, shall be the sole property of the City upon their creation or, in the case of
copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and interest
in and to all Work Product, and all copies of such Work Product, without further consideration. The
EXHIBIT B
Leviy Johnson
Employment Agreement
December 1, 2020
Page 4 of 5
Employee further acknowledges that the City shall retain ownership of and the right to reproduce,
market, license, or otherwise distribute any program or material produced by the Employee under the
terms of this Agreement.
8. 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 and the Respectful Workplace Policy adopted by
the City Council 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.
9. 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 she is entitled.
10. 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.
11. 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.
EXHIBIT B
Leviy Johnson
Employment Agreement
December 1, 2020
Page 5 of 5
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Wade O. Troxell, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
EMPLOYEE:
Leviy Johnson, Esq.
APPROVED:
Chief Human Resources Officer
APPROVED:
Chief Judge Jill A. Hueser
EXHIBIT B
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE
The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort
Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During
arraignment sessions (including video advisements of prisoners held at the Larimer County Jail),
the Assistant Municipal Judge shall give the advisements (or ensure that written advisements
have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and
process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions,
the Assistant Municipal Judge shall conduct the trials in accordance with the laws and
procedures applicable to the Court.