HomeMy WebLinkAbout2023-001-01/17/2023-AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITIES OF FORT COLLINS, GREELEY AND LOVELANDRESOLUTION 2023-001
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,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 and Assistant Judges
with those of other entities;and
WHEREAS on November 4,2020,the City Council approved Resolution 2020-101,
authorizing an intergovernmental agreement (“bA”)between the City,Greeley and Loveland for
the exchange of judicial services through October 2022;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,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 31,2024;and
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 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 Loveland City Council voted to approve the proposed IGA,a copy of
which is attached hereto as Exhibit “A”and incorporated herein by reference,at its regular meeting
on November 15,2022,and the City of Greeley voted to approve the IGA at its regular meeting
on December 6,2022;and
WHEREAS,the City Council has determined that the proposed IGA between the Cities of
Fort Collins,Loveland and Greeley is in the best interests of the City.
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 the
intergovernmental agreement between the City and the Cities of Loveland and Greeley 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 effective November 1,2022,nunc pro tunc,through October 31,2024,in
substantially the form attached as Exhibit “A”along with such additional 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 o ii Collins this 17th
day of January,2023.
—.“7
ATTEST:ft1
e
0’
City Clerk
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EXHIBITA
INTERGOVERNMENTAL AGREEMENT
FOR JUDICIAL AND ADMINISTRATIVE SERVICES
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
COLLINS,COLORADO (“Fort Collins”),THE CITY OF GREELEY,COLORADO (“Greeley”),
and THE CITY OF LOVELAND,COLORADO (“Loveland”),and each and all also will be
collectively referred to as the “Municipality”or the “Municipalities.”
WITNESSETH:
WHEREAS,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
WHEREAS,the Municipal Courts of Cities and Towns are generally held and presided
over by Municipal Judges 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 conflict of interest or
other circumstance,the Municipalities desire to cooperatively exchange the services of their
Municipal Judge with each other;and
WHEREAS,Section I of Article VII of the Fort Collins City Charter sets forth the
requirements for the appointment of Municipal Judges,including temporary judges,and requires
that the temporary judges be reputable and qualified attorneys;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
WHEREAS,by Resolution 2023-001,the Fort Collins City Council recognized that the
Loveland Municipal Judge,the Honorable Geri Joneson;the Loveland Deputy Municipal Judges
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EXHIBITA
Marco Scalise,Courtenay Patterson,Carrie Clein;the Greeley Municipal Judge,the Honorable
Mark Gonzales;and the Greeley Assistant Judges Diane Knutson,Keith Coleman,and Amy
Penfold-Rutz are reputable and qualified attorneys;and
WHEREAS,by Resolution #R-95-2022,the Loveland City Council recognized that the
Fort Collins Municipal Judge,the Honorable Jill Hueser;the Fort Collins Assistant Municipal
Judge Michele Kline;the Greeley Municipal Judge,the Honorable Mark Gonzales;and the
Greeley Assistant Judges Diane Knutson,Keith Coleman,and Amy Penfold-Rutz are attorneys at
law licensed to practice in Colorado;and
WHEREAS,by Resolution 43,2022,the Greeley City Council recognized that the Fort
Collins Municipal Judge,the Honorable Jill Hueser is an attorney qualified to serve as assistant
judge in accordance with Section 2-939 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 Judges Joneson,Scalise,Patterson,Clein,Gonzales,Knutson,Coleman,and Penfold
Rutz as temporary judges through October 31,2024,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 Loveland to execute
an intergovernmental agreement between Loveland,Fort Collins,and Greeley for the purpose of
appointing Judges Hueser,Kline,Gonzales,Knutson,Coleman,and Penfold-Rutz as deputy
judges through October 31,2024,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 Greeley City Council has authorized the Mayor of Greeley to execute an
intergovernmental agreement between Loveland,Fort Collins,and Greeley for the purpose of
appointing Judge Hueser as an assistant judge through October 31,2024,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 Municipalities’City Councils have determined it would be in the best
interests 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 are hereby acknowledged,the
parties agree as follows:
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EXHIBITA
1.Exchange of Judicial Services.If the presiding Municipal Judge of Fort Collins,
Loveland,or Greeley,in his or her discretion,determines that a conflict of interest exists,or that
any assistant or backup judges are unavailable to perform the normal duties of such judge’s
position,the lead presiding Municipal Judge (“the Requesting Municipal Judge”)shall determine
whether it would 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 ofjudicial services
would be appropriate under this Agreement,the Requesting Municipal Judge shall notify the
Municipal Judge for the other Municipality,(“the Responding Municipal Judge”)and request that
such judge 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 forjudicial
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.Pursuant to Fort Collins City Council Resolution 2022-,the Loveland City
Council Resolution #R--2022,Greeley City Council Resolution ,2022,the following
Municipal Judges are authorized to appear in the Municipal Court of Fort Collins,Loveland,or
Greeley,respectively:
Fort Collins Loveland Greele
Geri Joneson Jill Hueser Jill Hueser
Marco Scalise Michele Kline
Carrie Clein Mark Gonzales
Mark Gonzales Diane Knutson
Diane Knutson Keith Coleman
Keith Coleman Amy Penfold-Rutz
Amy Penfold-Rutz
3.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
Municipality 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
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EXHIBIT A
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 such judge’s personnel shall discharge the
responsibilities of the Requesting Municipality in accordance with 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 his 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
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.Governing Law.This Agreement shall be governed by and enforced in accordance
with the laws of the State of Colorado.In addition,the Municipalities acknowledge 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 County,Colorado.
6.Liability and Governmental Immunity.Each party is responsible for its own
negligence and that of its officers,employees and agents.However,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.
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EXHIBITA
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 be effective November 1,2022,nune pro
tune,and continue through October 31,2024.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.
IN WITNESS WHEREOF,the Municipalities have executed this Agreement the day and
year first above written.
[Signature pages follow.]
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EXHIBITA
CITY OF FORT COLLINS,COLORADO
a municipal corporation
Date:___________________By:___________________
Jeni Arndt,Mayor
ATTEST:
City Clerk
(Print name)
APPROVED AS TO FORM:
Ingrid Decker,Senior Assistant City Attorney
DocuSign Envelope ID O6E8OBD1-F706-4145-8641-C6AC1A72695C
EXHIBITA
CITY OF LOVELAND,COLORADO
Date:___________________By:
Jacki Marsh,Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
EXHIBIT A
DocuSign Envelope ID O6E8OBD1 F708-4145-8641-CSAC1 A72695C
CITY OF GREELEY,COLORADO
,—DocuSlgn.d by:
Date:12/13/2022
WinGas,.Mayor
ATTEST:
Docusigned by:
i~iM LtiJ{wiutol
6eI~Q44C
Approved as to Substance:
DocuSignsd bsc
Tat1vsouJ Lu
~P~wre?tee III
City Manager
Approved as to Availability of Funds:
DocuSigned by:
JINW’J ~
John Karner
Finance Director
APPROVED AS TO FORM:
,—DccuSlgn.d by:
Lr~e&~
City Attorney
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