HomeMy WebLinkAbout2006-127-12/05/2006-REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND AUTHORIZING CERTAIN OTHER AMENDMENTS TO THE JUD RESOLUTION 2006-127
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 AGREEMENT
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 2004-140, Judge Lane was most recently
reappointed by the Council for a two-year term which will expire on December 31, 2006; and
WHEREAS, the City and the Employee have previously entered into that certain
Employment Agreement dated July 31, 1989 ("the Employment Agreement"), and have also
entered into six previous addenda to the Employment Agreement which are dated June 19, 1991,
January 23, 1995, December 31, 1996, January 11, 2001, December 2003, and December 7,
2004, respectively; and
WHEREAS, the 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 the Employment Agreement.
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, 2007 and ending December
31, 2008.
Section 2. That the Mayor is hereby authorized to execute a Seventh Addendum to
the 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, with such
modifications, if any, as the Mayor may, upon consultation with the City Attorney and Mayor
Pro Tem, consider to be in the best interest of the City.
Passed and adopted at a regular meeting of the Co ci of the City of Fort Co s this Sth
day of December, A.D. 2006.
i
Mayor
ATTEST:
I lu �& -i�l".
City Clerk
Exhibit A
SEVENTH ADDENDUM TO MUNICIPAL JUDGE
EMPLOYMENT AGREEMENT
THIS SEVENTH ADDENDUM is made and entered into the day of December,
2006, 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 Agreement'), and have also
entered into six previous addenda to the Agreement which are dated June 19, 1991, January 23,
1995, December 31, 1996, January 11, 2001, December 2003, and December 7, 2004,
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 Seventh 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 Agreement as
follows:
1. That Section 2.13. of the Agreement is hereby amended so as to read 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, 2008, 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.
2. That Section 3.E. of the Agreement is hereby amended so as read in its entirety as
follows:
3. SALARY.
E. In addition to the above, if the salary ordinance indicates
employment at less than 1.0 FTE, the Employee shall be paid for any time worked
beyond the FTE indicated, up to and including 1.0 FTE, at the hourly rate
indicated by the amount listed in the salary ordinance provided that there are
excess funds available in the Municipal Court budget due to unfilled positions or
other savings.
3. That Section 6 of the Agreement is hereby amended so as to read in its entirety as
follows:
6. VACATION AND SICK LEAVE
A. The Employee shall be granted twenty-six (26) days of annual
vacation leave, commencing as of the first pay period in January, 2007. 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-one (21) days of annual
vacation leave shall accrue throughout the remainder of each such calendar year
at the bi-weekly accrual rate of 6.46 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 ear, the balance of the Employee's
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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 b cash payment for the total amount of her accrued,
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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, on a pro-
rated basis if the Employee is employed at less than 1.0 FTE as indicated in the
salary ordinance. 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 except as expressly amended by this Seventh Addendum and the previous
First Addendum, Second Addendum, Third Addendum, Fourth Addendum, Fifth Addendum,
and Sixth Addendum, all other terms and conditions of the Agreement shall remain unchanged
and in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have caused this Seventh 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
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Kathleen M. Lane
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