HomeMy WebLinkAbout2018-021-03/06/2018-APPOINTING LISA D. HAMILTON-FIELDMAN AS TEMPORARY JUDGE AND AUTHORIZING THE EXECUTION OF AN EMPLOYME 9
RESOLUTION 2018-021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING LISA D. HAMILTON-FIELDMAN AS TEMPORARY JUDGE AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT `
WHEREAS, Article VII, Section 1 of the City Charter and City Code Section 2-493 allow
the City Council to designate one or more reputable and qualified attorneys to serve as temporary
judge(s) in addition to the Chief Judge and Assistant-Municipal Judge(s); and
WHEREAS, the City Council recognizes the need for temporary judge(s) to be appointed
for the specific purpose of handling civil cases filed in Municipal Court; and
WHEREAS, the Chief Judge has conducted a competitive selection process and evaluated
the qualifications and suitability of several applicants; and
WHEREAS,the Chief Judge has recommended that the Council appoint Lisa D.Hamilton-
Fieldman as a reputable qualified attorney suitable for the role of temporary judge; and
WHEREAS, the City Council recognizes that Lisa D. Hamilton-Fieldman is a reputable
and qualified attorney; and ;
WHEREAS, the.City Council wishes to appoint Lisa D. Hamilton-Fieldman to serve in
such capacity under the supervision 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 Lisa D. Hamilton-Fieldman is hereby appointed Temporary Judge, for
a term beginning March 15, 2018, and ending March 14, 2020, to serve as a temporary judge for
the City for civil cases filed in Municipal Court as assigned by the Chief Judge.
Section 3. That the compensation to be paid by the City to Ms. Hamilton-Fieldman for
serving in this capacity shall be at the rate of One Hundred Dollars ($100) 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 March 15, 2018, and ending March 14, 2020, between the City and Lisa D.
Hamilton-Fieldman to effectuate the purposes of this Resolution.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of March, A.D. 2018.
Mayor
ATTEST:
FORT
City Cle SEAL N
Soto.,
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EXHIBIT A
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of March,2018,by and between
the City of Fort Collins, hereinafter referred to as the "City," and Lisa D. Hamilton-Fieldman,
hereinafter referred to as the "Employee,"pursuant to these terms and conditions:
WHEREAS,the Citywishes to employthe services ofthe Employee as Temporary Judge and
the Employee wishes to provide his/her services to the City in that capacity;and
WHEREAS, pursuant to Resolution 2018-021, the City Council has approved of the
appointment of Lisa D. Hamilton-Fieldman as Temporary 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 Temporary 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 One Hundred Dollars ($100.00)
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 forovertime pay.
3. Term of Employment
(a) The term of this Agreement shall be from March 15,2018,to and including March 14,
2020.Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to
the expiration of its term.
(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
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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 teen 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/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:
Lisa D. Hamilton-Fieldman
last known address on file with the Human Resources Department
TO THE CITY:
Fort Collins Municipal Court
Chief Judge Kathleen M. Lane
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 sick leave, paid short-term
disability leave, or any other sort of paid leave as may be available to some other City employees.
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City's Personnel Policies and
Procedures and agrees that he/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 at any time.
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(b) Although the City's Personnel Policies and Procedures contains 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 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 Citypromptlyall 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 s/he 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
Employee further acknowledges that the Cityshall retain ownership of and the right to reproduce,
market,license,or otherwise distribute any program or material produced bythe 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 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.
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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 s/he is
entitled.
10. Severability
Should any provision,part or term ofthis 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.
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By. By.
Wade Troxell, Mayor City Clerk
Name:
APPROVED AS TO FORM:
By:
Assistant City Attorney
Name:
EMPLOYEE: APPROVED:
Lisa D. Hamilton-Fieldman, Esq. By:
Human Resources Director
Name:
APPROVED:
By:
Chief Judge Kathleen M. Lane
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EXHIBIT A
JOB DESCRIPTION FOR THE TEMPORARY JUDGE
The Temporary Judge shall perform all necessary and appropriate judicial duties relating to civil
cases filed in Fort Collins Municipal Court when assigned to suchicases or assigned to review
procedures or perform other related tasks by the Chief Judge. The Temporary Judge shall handle
such cases in accordance with all applicable laws and procedures. The Temporary Judge shall be
supervised by the Chief Judge.
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