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Home My WebLink About2001-004-01/02/2001-AUTHORIZING THE MAYOR TO EXECUTE A FOURTH ADDENDUM TO THE CITYS EMPLOYMENT AGREEMENT WITH KATHLEEN M RESOLUTION 2001-4 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A FOURTH ADDENDUM TO THE CITY'S EMPLOYMENT AGREEMENT WITH KATHLEEN M. LANE AS MUNICIPAL JUDGE OF THE CITY OF FORT COLLINS WHEREAS,the City and Kathleen M.Lane(the"Municipal Judge")have previously entered into that certain Agreement dated July 31, 1989 (hereinafter referred to as "the Employment Agreement"), and have also entered into three addenda to the Agreement dated June 19, 1991; January 23, 1995; and December 31, 1996, respectively; and WHEREAS, the City and the Municipal Judge have agreed upon certain additional modifications to the Agreement which they wish to set forth in a Fourth Addendum to the Agreement. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the changes proposed to the Municipal Judge's Employment Agreement, as shown on Exhibit "A", attached hereto and incorporated herein by this reference, are hereby approved by the Council. Section 2. That the Mayor is hereby authorized to execute on behalf of the City the Fourth Addendum to the Municipal Judge's Employment Agreement in the form shown on said Exhibit "A". Passed and adopted at a regular meeting of the City Council held this 2nd day of January, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT A FOURTH ADDENDUM TO MUNICIPAL JUDGE EMPLOYMENT AGREEMENT THIS FOURTH ADDENDUM is made and entered into this day of January, 2001,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 three addenda to the Agreement dated June 19, 1991;January 23, 1995;and December 31, 1996, 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 Fourth 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: 1. That Section 2. B. and 2.C. of the Employment Agreement are hereby amended so that Section 2.B. reads in its entirety as follows, and Section 2.C. is deleted: 2. TERM. B. The Employee agrees to remain in the exclusive employ of the City as Municipal Judge until December 31, 2002, 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. £barter. 2. That Section 3.D. of the Employment Agreement is hereby amended so as to read in its entirety as follows: 3. SALARY. D. A salary review shall take place in 3uneNovember or December of each year,with any subsequent modification of the Employee's salary to be approved by the City Council by ordinance. 3. That Section 6. of the Employment Agreement is hereby amended so as to read in its entirety as follows: 6. VACEAUON. As an inducement of the Employee, the Employee shaii be granted twenty-five (25) days of vacation leave cach yea[ 6 VAC A ON AND SICK LEAVE. A. The Employee shall be granted twenty-five(25)days-of vacation leave each year. 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(20) days shall accrue throughout the remainder of each such calendar year at the bi-weekly accrual rate of 6.t6 hours.'!Notwithstanding any City polievto the contrary,',vacation leave arc ued and unused by the Employee shall be subJeet to the following terms and conditions: (1) At any time during the calendar year 2001,but no more than twice during said year,the Employee may elect to receive the cash equivalent of all or any portion of her accrued,unused vacation leave. The amount of said payment shall be based upon her current rate of pay at the time of conversion. At the end of 2001,the balance of the Employee's accrued,unused vacation leave remaining after any such cash conversion'shall be carried'over to 2002 and subsequent years, up to a maximum accrual of 780 hours. Starting in 2001, 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 purposes-of this provision, the "final pay period of the calendar year"shall mean the last pay period that begins in such year. (2) At the end of 2001, and at the end of each calendar year thereafter,the Employee may also carry over to the ensuing calendar year up to forty 0 hours,of any vacation leave accrued in that year that was neither used nor converted to a cash payment under subparagraph(3)below,subject to the maximum Of 780 hours (3) At any time during 2002 and at any time during each successive calendar ,year thereafter,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 forty Page 2 of 5 (40)hours of accrued,unused vacation leave may be converted to a cash payment in any Igivencalendar year, (4) 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 fathe 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 paymentrnade 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(3)above and any other amounts payable to the Employee tn&r 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 shall not be entitled to be paid for any earned but unused sick leave upon resignation or termination from employment under this Agreement. 4. That Section 8 of the Employment Agreement shall be amended by the addition of a new subsection B, so that said Section 8 shall read in its entirety as follows: Re teffienrent plan and, in addition to tire base salary paid by the Erripfoyel tv the or iethernent type of atax-shelteedarintrity program as designatedby tire Ernpioy= discharge. fn addition, the Employee is eligible to participate in the eity2s Thii Plan- fn StICIT eyent, th� E'nF10YC' Will match the Employee's conhibution in air anjount not to exceed three percent(3%)of the Erripfoym2s saiaty in any pay Vniod. Tire total conhibution is subject to the hinits prescribed by the 1.R.S. SECTION 8. PENSION AND DEFERRED COMPENSATION BENEFITS A The City agrees to execute all necessary agreements provided by the International City Management Association Retirement'Corporation (hereinafter referred to as "ICMA-RC") for the Employee's participation in ICMA-RC's 401A qualified retirement plan,',and, in,addition to the base salary paid by the City to the Page 3 of 5 Employee;the City agrees to pay on the Employee's behalf an amount equal to ten percent (1(l17v)of the Emtiloyee's base salary into such qualified retirement plan, in equally proportioned amounts each pay period, and further agrees to roll over,into another qualified retirement plan,or to transfer the Employee's ownership in the plan to her succeeding employer's qualified plan, upon the Employee's resignation or termination,to the extent that such a rollover or transfer is allowed by law and the terms of the City's plan. In addition;the Employee is eligible to participate in the City's 457.4aferiedcoiripensation plan through I MA-RCAf the Employee does so participate,the City will match the Erttolpyee's contribution to the plan in an amount not to exceed three percent(30/p)of the Employee's salary in any one pay period. The total contribution to ICMA-RC's 457 deferred compensation plan is subject to the limits preseribediby the Internal Revenue Service. B. In the event that the Employee wishes to make a contribution of her own to the above-referenced 401 A qualified retirement plan,in addition to the City's contribution Ito said plan;and the Employee so notifies the Council in writing, the Council shall, within thirty (30),days of its receipt of such notice, execute all agreement`s,resolutions,and/or other documents required by law.or-by ICMA-RC in order to accorattioclate such,request. The amount of employee contribution to said plan authorized by the Council shall be the amount requested by the Employee or the maximum amount allowed by law,whichever is less.. 5. That a new Section 16 of the Employment Agreement shall be added to read in its entirety as follows: SECTION 16., ANNUAL APPROPRIATION All financial obligations of the City under this Agreement shall be subject to the Council's annual appropriation of the funds necessary to satisfy such obligations. 6. Except as expressly amended by this Third Addendum and the previous First Addendum and Second 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 Third Addendum to the Municipal Judge Employment Agreement to be executed as of the day and year first above written. Page 4 of 5 THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: Attorney Kathleen M. Lane Page 5 of 5