HomeMy WebLinkAbout2004-140-12/07/2004-REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND AUTHORIZING CERTAIN OTHER AMENDMENTS TO THE JUD RESOLUTION 2004-140 '
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING KATHLEEN M. LANE
AS MUNICIPAL JUDGE AND AUTHORIZING CERTAIN OTHER AMENDMENTS
TO THE JUDGE'S EMPLOYMENT CONTRACT
WHEREAS, Municipal Judge Kathleen M. Lane was first appointed to the position of
Municipal Court Judge of the City of Fort Collins for a term commencing July 1, 1989, which
appointment was for a period of two years as required by Article VII, Section 1 of the City Charter;
and
WHEREAS, Judge Lane has subsequently been reappointed by the Council for successive
two-year terms; and
WHEREAS,by adoption of Resolution 2002-116,Judge Lane was most recently reappointed
by the Council for a two-year term which will expire on December 31, 2004; and
WHEREAS,Council wishes to reappoint Judge Lane for another two-year term as provided
in Article VII, Section 1 of the City Charter and to also make certain additional changes to her
employment agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Kathleen M.Lane is hereby reappointed as Municipal Judge for the City
of Fort Collins for a two(2)year term commencing January 1,2005 and ending December 31,2006.
Section 2. That the Mayor is hereby authorized to execute a Sixth Addendum to the
existing Employment Agreement between the City and Kathleen M. Lane in substantially the form
shown on Exhibit "A", attached hereto and incorporated herein by this reference, extending said
Agreement for a term as stated in Section 1 above, and revising other terms and conditions of said
Agreement so as to: (a) increase Judge Lane's vacation benefit to thirty (30) days per year; (b)
provide that in 2005, Judge Lane will be given a salary increase commensurate with any increase
paid to other unclassified management employees of the City; and (c)change the manner in which
medical bills for annual physical exams are processed.
Passed and adopted at a regular meeting of the City Council held this 7th day of December,
A.D. 2004.
Mayor
ATTEST:
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City Clerk
EXHIBIT "A"
SIXTH ADDENDUM TO MUNICIPAL JUDGE
EMPLOYMENT AGREEMENT
THIS SIXTH ADDENDUM is made and entered into this day of December,2004,by
and between THE CITY OF FORT COLLINS,COLORADO,a municipal corporation (hereinafter
referred to as the "City") and KATHLEEN M. LANE (hereinafter referred to as "the Employee").
WITNESSETH:
WHEREAS,the City and the Employee have previously entered into that certain Agreement
dated July 31, 1989(hereinafter referred to as"the Employment Agreement"),and have also entered
into five previous addenda to the Agreement which are dated June 19, 1991; January 23, 1995;
December 31, 1996; January 11, 2001; and December 2003, respectively; and
WHEREAS, the City and the Employee have agreed upon certain additional modifications
to the Agreement which they wish to set forth in this Sixth Addendum to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree to amend the terms and conditions of the Employment
Agreement as follows:
Section 1. That Section 2. B. of the Employment Agreement is hereby amended so that
Section 2.13. reads in its entirety as follows:
2. TERM.
B. The Employee agrees to remain in the exclusive employ of the City
as Municipal Judge until December 31, 2006, and neither to seek or accept other
employment nor to become employed by any other employer until after said
termination date, unless the employment of the Employee is terminated earlier as
herein provided.
Section 2. That Section 3 of the Employment Agreement is hereby amended by the
addition of a new subparagraph E which shall read in its entirety as follows:
3. SALARY.
E. In 2005, the City agrees to also pay the Employee, on a percentage basis, the
same level of one-time or ongoing increase, if any, that is paid to other unclassified
management employees of the City.
Section 3. That Section 6. of the Employment Agreement is hereby amended so as to
read in its entirety as follows:
6. VACATION AND SICK LEAVE.
A. The Employee shall be granted thirty (30) days of annual
vacation leave,commencing as of the first pay period in January,2005 Five(5)days
of such vacation leave shall be credited to the Employee as of the first full pay period
of each year. The remaining balance of twenty-five (25) days of annual vacation
leave shall accrue throughout the remainder of each such calendar year at the bi-
weekly accrual rate of 7.69 hours. Notwithstanding any City policy to the contrary,
vacation leave accrued and unused by the Employee shall be subject to the following
terms and conditions:
(1) At any time during the term of this Agreement, but no more
than twice annually, the Employee may elect to receive the cash equivalent of a
portion of her accrued, unused vacation , based upon her then current rate of pay;
provided, however, that no more than eighty(80)hours of accrued,unused vacation
leave may be converted to a cash payment in any given calendar year. The amount
of said payment shall be based upon the Employee's current rate of pay at the time
of conversion.
(2) At the end of each calendar year , the balance of the
Employee's accrued, unused vacation leave remaining after any such cash
conversation shall be carried over to subsequent years, up to a maximum accrual of
780 hours. Any balance in excess of 780 hours that exists as of the last day of the
final pay period of the calendar year shall be forfeited by the Employee. For the
purpose of this provision, the "final pay period of the calendar year" shall mean the
last pay period that begins in such year.
(3) Upon the cessation of the Employee's employment with the
City, whether by termination, death, disability, resignation or otherwise, the
Employee shall be compensated by cash payment for the total amount of her accrued,
unused vacation leave balance. The amount of said payment shall be based upon the
Employee's then current rate of pay. Any payment made to the Employee by the City
under this provision shall be in addition to any amounts previously paid for accrued,
unused vacation leave under subparagraph(2)above and any other amounts payable
to the Employee under this Agreement.
B. The Employee shall be credited for and be entitled to receive those
sick leave benefits provided to all full-time classified City employees. The Employee
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shall not be entitled to be paid for any earned but unused sick leave upon resignation
or termination from employment under this Agreement.
Section 4. That Section 9.B. of the Employment Agreement is hereby amended to read
in its entirety as follows:
Section 9. Disability, Health and Life Insurance.
B. In addition to providing coverage to the Employee and her dependents
under the City's medical health plan, the City shall pay, up to a maximum of Eight
Hundred Fifty Dollars ($850) per calendar year, the cost of one or more medical
examinations per year by a licensed physician or physicians of the Employee's choice.
These examination(s) may include any tests or consultations recommended by the
examining physician(s). This provision shall be applied retroactively,commencing
January 1, 2003. The foregoing maximum amount of Eight Hundred Fifty Dollars
($850) shall be increased annually, commencing January 1, 2005, to reflect any
inflation in medical costs, as indicated by the U.S. Department of Labor,Bureau of
Labor Statistics,Consumer Price Indexes for Medical Care. The City's obligation to
pay the cost of any test or consultation which exceeds the foregoing maximum
amount, or the cost of treating any medical condition discovered during the course
of such physical examination(s), shall be limited to the benefits available under the
City's then current medical health plan.In order to determine which medical expenses
of the Employee are to be paid under this provision, the Employee shall first submit
all such expenses to the third party administrator of the City's medical health plan,
and any expenses for medical examinations, tests or consultations that are properly
determined by such benefits administrator to be ineligible for payment under the
City's then current medical health plan shall be paid by the City under this provision,
up to the foregoing maximum dollar amount.
3. Except as expressly amended by this Sixth Addendum and the previous First
Addendum,Second Addendum,Third Addendum,Fourth Addendum,andFifth Addendum,all other
terms and conditions of the Employment Agreement shall remain unchanged and in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Sixth Addendum to the
Municipal Judge Employment Agreement to be executed as of the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Mayor
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ATTEST:
City Clerk
APPROVED AS TO FORM:
Richard P. Brady, Special Counsel to the City
Kathleen M. Lane
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