Loading...
HomeMy WebLinkAboutOrdinance 1539CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott COUNCIL BILL NO. 09 ORDINANCE NO. 1539 Series of 2013 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL, INCREASING HIS COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge , Christopher Randall was reappointed effective July 1, 2011 for a two-year term expiring on July 1, 2013 ; and WHEREAS , the Judge has continued to serve since that date ; and WHEREAS , pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two (2) years ; and WHEREAS, Judge Randall has requested reappointment at the end of his current term , as well as an increase in his hourly rate as provided for in the Presiding Municipal Judge Services Agreement (the "Agreement "); and WHEREAS , the Council wishes to reappoint Judge Randall , and to approve an increase in his compensation and other changes to the Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge 's compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two (2) years , expiring on July 1, 2015 . The Presiding Judge's compensation shall be $91 .51 per hour. The remainder of the terms and conditions of the Presiding Judge's employment shall be as set forth in the Presiding Municipal Judge Services Agreement , effective as of July 1, 2013, attached hereto and incorporated herein by this reference. Section 2. Severability; Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Secti on 3. Effective Date . This Ordinance shall take effect upon adoption at second reading , as permitted by the Charter. INTRODUCED. R EAD , AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of June, 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 8 , 2013 , at 7 :00 o 'clock p .m., in the Council Chambers , 7500 West 29th Avenue, Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 8th day of July , 2013. SIGNED by the Mayor on this ATTEST: CoLO Rt:..CVO First Publication: June 27 , 2013 Second Publication : July 11, 2013 Wheat Ridge Transcript Effective Date : Jul y 8, 2013 711 )u'-1 <t;:....-day of~ 2013. .v-1 Jerry I A~2~~ Gerald E. Dahl , City Attorney CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMEN T THIS PRESI DING MUN ICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2013 ("Effective Date "), by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Pres iding Judge"), together referred to herein as the "Parties." In cons ideration of the mutual prom ises and covenants contained herein, the Parties agree as follows · ARTICLE 1 -SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("M u nicipa l Court") cases , by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B . Formulate and amend the local rules of the Municipal Court with the approva l of the Colorado Supreme Court; C. Supervise the Associate Judges, if any , and all Municipal Court personnel ; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the C ity Manager, City Attorney and C ity Counc~asneeded ;and 0 Submit a yearly budget request to the Wheat Ridge City Council for the proper functioning of the Municipal Court. ARTICLE 2 -QUALIFICATIONS The Presid i ng Judge shall co ntinuously maintain the following q ualifications: A. licensed to practice law in all Colorado courts , including the U .S . District Court for the District of Colorado; and B. Resident w ith in 40 miles of the Wheat Ridge Mun icipal Court. ARTICLE 3 -TERM ; TERMINATION Pursuant to Section 8 .3 of the Charter, this Agreement shall be for a two (2) year term , ending on July 1, 2015. This Agreement may be term inated for any of the reasons enumerated in Section 8 .3 of the Charter. ART ICLE 4 -PAYMENT AND FEE SCHEDULE The Parties agree that Presiding Judge sha ll be c ompensated at $91 .51 per hour for services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the C ity as set forth below. For purposes of this Agr eemen t , "reimbursable expenses " shall mean t hose expenses directly incurred b y Presiding WR Mufll Jud ge Co n1rac1 -Randall Judge in the performance of his duties under this Agreement, i nclud ing m il eage and trave l expense . A. In voices . Presid ing Judge shall subm it bi-weekly timesheets to the City for services rendered and re imbursable expenses . Payment w ill be made within twenty-five (25 ) days of receipt of the invo ice by ma iling payment to an address designated by Presiding Judge. B. Funding This Agreement is specifically subject to the prov1sions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge , which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council , either through budgeted appropriation , or contract or bid appointment. The Parties further recognize and agree that the City , as a political subdivision of the State of Colorado , is subject to the Const itution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary , the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensu ing budget year. ARTICLE 5 -INDEPENDENT CONTRACTOR; INSURANCE AND BENEFITS A. This Agreement is one for independent contractor services . Neither Presiding Judge , nor any employee or agent of Presiding Judge, shall be considered an employee of the City for purposes of any federa l or state law. Notwithstand ing the fa ct that Presiding Judge is compensated as an independent contractor , pursuant to the Co lorado Governmental Immunity Act ,§§ 24-10-101 et seq., C.R.S ., he is considered an appointed official of the City entitled to any and all benefrts of law pertaining to j udicial or sovereign immunity and to coverage by the City's insurance applicable to persons hold ing such a position for cla ims brought against him in his official capacity or arising our of his performance of his official dut ies as described herein . B. Presiding Judge sh all be eligible to participate in the following insurance and benefit programs available to City employees , at a pro-rated level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement , the Parties agree shall be twenty-five (25) hours per week : short term disability; long term disability; worker's compensation ; g roup term life insurance; employee assistance plan ; retirement plan ; officia l holidays; personal time off leave ; extended sick leave ; jury duty pay; employee recreation program benefit ; Kaiser Permanente HMO; Delta Dental ; RPS section 125 cafeteria plan ; and Eye-Med vis ion . The City agrees to pay the appl icab le prem ium for the rate level , cons istent with the City insurance plan as amended from time to t ime . For all such insurance and benefit programs . to the extent the programs or any of the ir features are altered, amended or el iminated with respect to all eligible City employees , such alterat ion , amendment or elimination shall also apply to Presiding Judge in the same manner. C. Presiding Judge warrants that he has not employed or retained any company or person . other than a bona fide employee work ing solely for him , to solicit or secure this Agreement , and that he has not paid or agreed to pay any company or person , other than bona fide employees working solely for Presiding Judge, any commission , percentage , brokerage fee , gifts, or any other consideration , contingent upon or result ing from the appointment or mak ing of this Agreement. For breach or violation of th is wa rranty , the City will have the right to annul this WR Mun•Court/Mun1JudgeConlf8ct -Randall -2- Agreement without liability, or in its discretion to deduct from the Agreement price or consideration , or otherwise recover the full amount of such fee , commission , percentage , brokerag e fee , gift, or contingent fee . ARTICLE 6 -CHARTER, LAWS AND ORD I NANCES Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal , state and local laws , rules , regulations, and ordinances that affect or govern the work as herein contemplated . ART ICLE 7 -EQUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not discriminate against any employee or applicant for employment because of age , race , color, religion , sex , or national origin . The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race , color, religion , sex or national origin . Such action shall include, but not be limited to the following : employment , upgrading , demotion or transfer, recruitment or recruitment advertising , layoff or termination , rates of pay or other forms of compensat ion , and selection for training , including apprenticeship . ARTICLE 8 -LAW AND VENUE The laws of the State of Colo rado shall govern as to the in terpretation , validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado . ART ICLE 9 -NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail , postage and fees prepaid , addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail. If to the C ity : With a copy to : If to Pres idi ng Judg e: City Manager 7500 W 29 th Avenue Wheat Ridge, CO 80215 Fax: (303 ) 234-5924 City Attorney 7500 W 29th Avenue Wheat Ridge , CO 80215 Fax: (303) 234-5924 Christopher D. Randall, Esq . P.O. Box 280911 Lakewood , CO 80228-0911 Fax (303) 980 -172 1 WR MuniCoun/MuniJudgeContracl -Randall -3- ARTICLE 10 -ASS IGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned , delegated, or subcontracted except with the express written consent of the City . ARTI CLE 11 -SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement , the terms of this Agreement are severable , and should any term or provision hereof be declared invalid or become inoperative for any reason , such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term , or the same term upon subsequent breach . ARTICLE 12 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition , deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing . No subsequent novation , renewal , addition , deletion , or other amendment hereto shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City . ARTICLE 13 -AMENDMENTS The City may , from time to time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes , including any increase or decrease in the amount of the Judge 's compensation , must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this agreement. I N WI T NESS WHEREOF , the Parties have executed this Agreement in two (2) copies , each of which shall be deemed an original , as of the day and year fi rst written above . PR ESIDING JUDGE Christopher D. Randall WR MunsCourt/MuniJudgcContrac l • Randall -4 -