HomeMy WebLinkAbout2021-088-09/21/2021-APPOINTING VICKI PACE AND COURTENAY PATTERSON AS ASSISTANT MUNICIPAL JUDGES OF THE FORT COLLINS MUNIEXHIBIT A
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 21st day of September, 2021, by and
between the City of Fort Collins, hereinafter referred to as the “City,” and Vicki Pace, 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 2021-088, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; 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
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 City of Fort Collins
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 September 21, 2021, to and including
September 20, 2023. Nothing contained in this Agreement shall preclude renegotiation of this
Agreement prior to the expiration of its term.
EXHIBIT A
Vicki Pace
Employment Agreement
September 21, 2021
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:
Vicki Pace
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, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City employees
as described in the City’s Personnel Policies and Procedures.
EXHIBIT A
Vicki Pace
Employment Agreement
September 21, 2021
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 City Council-adopted Respectful Workplace Policy and agrees that she shall
comply with and be bound by all provisions that apply to contractual or City Council-appointed
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 City Council-adopted
Respectful Workplace Policy 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.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel Policies and
Procedures or the City Council-adopted Respectful Workplace Policy 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 with her employment with the City (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 with the City 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
Vicki Pace
Employment Agreement
September 21, 2021
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. Conflict Avoidance
The Employee acknowledges that she is separately employed by the Colorado law firm Hall
& Evans. The Employee further acknowledges that Hall & Evans represents the City in various
litigation matters. The Employee agrees to avoid carrying out her duties and responsibilities as an
Assistant Municipal Judge in a way that interferes with her duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest that
would interfere with the work of Hall & Evans for the City, and further agrees that she will not work
on any of the City’s litigation matters under the auspices of her employment with Hall & Evans.
9. 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 City Council-approved Respectful Workplace
Policy 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.
10. 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.
11. 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.
12. 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
Vicki Pace Employment
Agreement
September 21, 2021
Page 5 of 5
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Jeni James Arndt, Mayor
ATTEST:
Interim City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
EMPLOYEE:
Vicki Pace, 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 21st day of September, 2021, by and
between the City of Fort Collins, hereinafter referred to as the “City,” and Courtenay Patterson,
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 2021-088, 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
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 P olicies
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 September 21, 2021, to and including
September 20, 2023. Nothing contained in this Agreement shall preclude renegotiation of this
Agreement prior to the expiration of its term.
EXHIBIT B
Courtenay Patterson
Employment Agreement
September 21, 2021
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:
Courtenay Patterson
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, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee shall be credited for and is entitled to receive those sick leave benefits provided to hourly
City employees.
EXHIBIT B
Courtenay Patterson
Employment Agreement
September 21, 2021
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 City Council-adopted Respectful Workplace Policy 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 City Council-adopted
Respectful Workplace Policy 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 or the City Council-adopted Respectful Workplace Policy 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
Courtenay Patterson
Employment Agreement
September 21, 2021
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 City Council-approved Respectful
Workplace Policy 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
Courtenay Patterson
Employment Agreement
September 21, 2021
Page 5 of 5
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Jeni James Arndt, Mayor
ATTEST:
Interim City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
EMPLOYEE:
Courtenay Patterson, 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.