HomeMy WebLinkAbout2008-124-12/02/2008-REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND AUTHORIZING THE EIGHTH ADDENDUM TO THE JUDGES E RESOLUTION 2008-124
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING KATHLEEN M. LANE AS MUNICIPAL JUDGE AND
AUTHORIZING THE EIGHTH ADDENDUM 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 2006-127, Judge Lane was most recently
reappointed by the Council for a two-year term which will expire on December 31, 2008; 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 seven previous addenda to the Employment Agreement which are dated June 19,
1991, January 23, 1995, December 31, 1996, January 11, 2001, December 11, 2003, December
7, 2004, and December 5, 2006, 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 make changes to the Employment
Agreement to reflect the Judge's new term of office, to increase Judge Lane's annual vacation
leave from 26 days to 30 days, and to state that her rate of vacation accrual will be pro-rated on a
bi-weekly basis in accordance with the number of pay periods in any calendar year.
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, 2009 and ending December
31, 2010.
Section 2. That the Mayor is hereby authorized to execute an Eighth 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 Tern, consider to be in the best interest of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
2nd day of December, A.D. 2008.
Mayor
ATTEST:
�"�� ---�i I
City Clerk
EXHIBIT A
EIGHTH ADDENDUM TO MUNICIPAL JUDGE
EMPLOYMENT AGREEMENT
THIS EIGHTH ADDENDUM is made and entered into the day of December, 2008 ,
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 seven
previous addenda to the Agreement which are dated June 19, 1991 , January 23 , 1995 , December 31 ,
1996 , January 11 , 2001 , December 2003 , December 7 , 2004, and December 5 , 2006, 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 Eighth 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 Subsection 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 , 2010 , 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 Subsection 6 .Al 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 thirty (30) days of annual vacation
leave, commencing as of the first pay period in January, 2009 . 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 and be pro-rated on a
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EXHIBIT A
biweekly basis . 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.
3 . 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.
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
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EXHIBIT A
APPROVED AS TO FORM :
City Attorney
Kathleen M. Lane
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EIGHTH ADDENDUM TO MUNICIPAL JUDGE
EMPLOYMENT AGREEMENT �a
THIS EIGHTH ADDENDUM is made and entered into the 1 day of December,2008,
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 seven
previous addenda to the Agreement which are dated June 19, 1991,January 23, 1995,December 31,
1996,January 11, 2001, December 2003, December 7, 2004, and December 5, 2006, 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 Eighth 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 Subsection 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, 2010, 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 Subsection 6.A.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 thirty (30) days of annual vacation
leave, commencing as of the first pay period in January, 2009. 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 and be pro-rated on a
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biweekly basis. 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 tern 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.
3. 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.
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 Municip o oration
G�SY OF FOQ a
TTEST:
City Clerk Off; i„2
O�g00 ..
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APPROVED AS TO FORM:
Ci AftomeV 7
Kathleen M. Lane
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