HomeMy WebLinkAbout2023-004-01/17/2023-REAPPOINTING MICHELLE KLINE AS AN ASSISTANT MUNICIPAL JUDGE OF THE FORT COLLINS MUNICIPAL COURT ANDRESOLUTION 2023 -004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING MICHELLE KLINE AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
WHEREAS,Article VII of the City Charter provides that the City Council shall appoint
the judge or judges of the Municipal Court for two-year terms;and
WHEREAS,on July 25,2022,the City Council appointed Michelle Kline as an Assistant
Municipal Judge to back up Chief Judge Jill Hueser,and Judge Kline has served admirably;and
WHEREAS although Judge Klein’s current term does not expire until July 21,2024,the
Chief Judge has recommended that City Council reappoint Judge Kline now for a new two-year
term so that all the Assistant Municipal Judges will be on the same schedule for possible future
reappointment;and
WHEREAS,the City Council recognizes that Michelle Kline is a reputable and qualified
attorney and wishes to reappoint her to serve in such capacity on the recommendation of the Chief
Judge.
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 Michelle Kline is hereby appointed Assistant Municipal Judge,for a
term beginning as of January 1,2023,nittic pro tunc,and ending December 31,2024,to serve as
an Assistant Municipal Judge for the City as deemed necessary by the Chief Judge.
Section 3.That the compensation to be paid by the City to Judge Kline for serving in
this capacity shall be at the rate of Ninety Dollars ($90)per hour.
Section 4.That the Mayor is hereby authorized to enter into an employment agreement
in a form consistent with Exhibit “A”attached hereto and incorporated herein by this reference,
for the period of January 1,2023,through December 31,2024,between the City and Michelle
Kline to effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the
day of January,2023.
—1—
ATTEST:
City Clerk
7 /
EXHIBITA
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the I ~day of January,2023 (“Effective
Date”),by and between the City of Fort Collins,hereinafter referred to as the “City,”and Michelle
Kline,hereinafter referred to as the “Employee,”pursuant to these terms and conditions:
WHEREAS,the Citywishes to employthe services ofthe Employee as Assistant Municipal
Judge and the Employee wishes to provide her services to the City in that capacity;and
WHEREAS,pursuant to Resolution 2023-004 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;and
WHEREAS,this Agreement replaces and supersedes the previous Employment
Agreement between the parties dated July 5,2022,which is terminated and of no further effect
as of the Effective Date.
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 Ninety ($90.00)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 forovertime pay.
3.Term of Employment
(a)The term of this Agreement shall be from January 1,2023,to and including
December 31,2024.Nothing contained in this Agreement shall preclude renegotiation of this
Agreement prior to the expiration of its term.
Michelle Kline EXHIBIT A
Employment Agreement
January 1,2023
Page 2 of 6
(b)It is understood and agreed to by the Employee that upon termination of this
Agreement,either underthis 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 deliveryor as ofthe date of
deposit into the United States mail,postage prepaid,addressed as follows:
TO THE EMPLOYEE:
Michelle Kline
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.O.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 disabilityplan,
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.
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 Cily Council-appointed
Michelle Kline EXHIBIT A
Employment Agreement
January 1,2023
Page 3 of 6
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 ofthis Agreement,then the terms ofthis 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 ofwhich 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
Employees 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 ofexpression.
(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 Employee further acknowledges that the Cityshall 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 agrees to avoid carrying out their duties and responsibilities as an Assistant
Municipal Judge in a way that interferes with their 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 any lawyer or law firm that provides legal services to the City,and
Michelle Kline EXHIBIT A
Employment Agreement
January 1,2023
Page 4 of 6
further agrees that they will not work on any of the City’s litigation matters under the auspices of
their employment with any law practice.
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 ofthis 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.
Michelle Kline EXHIBIT A
Employment Agreement
January 1,2023
PageS of 6
CITY OF FORT COLLINS,COLORADO,ATTEST:
a municipal corporation
By:___________________________City Clerk
Jeni Amdt,Mayor
APPROVED AS TO FORM:
EMPLOYEE:
APPROVED:
Michelle Kline,Esq.
Human Resources Executive
APPROVED:
Chief Judge Jill A.Hueser
Michelle Kline EXHIBIT A
Employment Agreement
January 1,2023
Page 6 of 6
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.