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 Severability; Conflicting Ordinances Repealed.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provisions of this Ordinance are hereby repealed .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.
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Jerry
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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
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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
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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
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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
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