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HomeMy WebLinkAboutStudy Session Agenda Packet 06-05-17 STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 5, 2017 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. Staff Report(s) 2. Municipal Court Judge contract renewal 3. Contract Building Inspection Services/WRBD Emergency Appropriation 4. Elected Officials’ Report(s) ADJOURNMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2835 F: 303.235.2829 www.ci.wheatridge.co.us May 25, 2017 Honorable Joyce Jay, Mayor Members of the Wheat Ridge City Council City of Wheat Ridge 7500 W. 29th St. Wheat Ridge, CO 80033 Dear Mayor Jay and Members of City Council: The City Charter creates a municipal court and directs the city council to appoint a presiding judge. The Charter requires that all municipal judges have been on the bench or have practiced law for a period of years. I have thirty-one (31) years in the practice of law and twenty-five (25) years on the bench of which fifteen has been as the presiding judge in Wheat Ridge. The Charter states that Council shall appoint a presiding judge for a term of two (2) years. By charter, the duties of the judge are to supervise court personnel and submit a yearly budget. In practice, the Colorado Supreme Court establishes the judge’s mandate: that is, to justly determine all municipal ordinance violations, ensure criminal law procedures, administer cases fairly, and follow city, state, and federal laws and constitutions. Although not part of the Supreme Court’s mandate, a presiding judge should seek to reduce risk for the City. Finally, over the past two years there has been an explosion of legislation directed at municipal courts. As a result, the presiding judge reviews and incorporates new legislation into the operation of the court. The Colorado Code of Judicial Conduct (Code) guides judicial ethics and requires independence, impartiality, competence, and integrity of any judge. Inherent in the Code is the precept that judges must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. I began as Presiding Judge in Wheat Ridge in January 2002, pursuant to a formal services agreement and have been the Presiding Judge continuously for fifteen (15) years. Each services agreement is for a two-year term. My most recent two-year contract for services began July 2015, and ends June 2017. I am requesting renewal of the contract. Please see the enclosed attachments for information about court, accomplishments, projects, and goals. I am also requesting a salary increase. The City adopted a pay for performance program for employees in 2013, and most city employees and all court staff received raises in 2017. Although the pay for performance program does not apply to my position, its precepts are aspirational. Since I assess team members annually, I am aware of the program’s standards and ratings. I have not received an increase for two (2) years. Based on the court’s proficiency and performance I am requesting a 3% increase to $98.97 an hour. Please see the enclosed attachments for accomplishments and projects. Year to date, I am working an average of thirty-two (32) hours per week. Regular court sessions take about twenty-four (24) hours a week. Most court days take ten-plus hours to complete. Preparation for jury trials and the jury trials add a few days per year. Other work hours are related to new legislation, extended court sessions, managerial duties, director obligations, legal research, administrative matters, budget, personnel (including recruitment and interviewing), and meetings. Currently, the court administrator and I are perfecting the new payroll system called TimeClock. This is an dynamic City with an interesting court docket. I enjoy the challenge and energy of the City and the court. I look forward to another two years to continue to provide service. Sincerely yours, Christopher D. Randall Presiding Judge Wheat Ridge Municipal Court Attachments: 1. Presiding Municipal Judge Services Agreement 2. Court Goals and Mission, 2017 3. Municipal Court Projects, 2017 4. Purposes of a City Criminal Code 5. Criminal Sentencing Factors Considered 6. Municipal Judge Salary Survey WR Muni Judge Contract – Randall ATTACHMENT 1 CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2017 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises 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 ("Municipal 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 approval 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 City Manager, City Attorney and City Council as needed; and D. Submit a yearly budget request to the Wheat Ridge City Council for the proper functioning of the Municipal Court. ARTICLE 2 – QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal 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, 2019. This Agreement may be terminated for any of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 – PAYMENT AND FEE SCHEDULE The Parties agree that Presiding Judge shall be compensated at $98.97 per hour for services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding WR MuniCourt/MuniJudgeContract - Randall -2- Judge in the performance of his duties under this Agreement, including mileage and travel expense. A. Invoices. Presiding Judge shall submit bi-weekly timesheets to the City for services rendered and reimbursable expenses. Payment will be made within twenty-five (25) days of receipt of the invoice by mailing payment to an address designated by Presiding Judge. B. Funding This Agreement is specifically subject to the provisions 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 Constitution 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 ensuing 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 federal or state law. Notwithstanding the fact that Presiding Judge is compensated as an independent contractor, pursuant to the Colorado 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 benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising our of his performance of his official duties as described herein. B. Presiding Judge shall 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 thirty-two (32) hours per week: short term disability; long term disability; worker’s compensation; group term life insurance; employee assistance plan; retirement plan; official 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 vision. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time. For all such insurance and benefit programs, to the extent the programs or any of their features are altered, amended or eliminated with respect to all eligible City employees, such alteration, 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 working 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 resulting from the appointment or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this WR MuniCourt/MuniJudgeContract - Randall -3- 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, brokerage fee, gift, or contingent fee. ARTICLE 6 – CHARTER, LAWS AND ORDINANCES 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. ARTICLE 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 compensation, and selection for training, including apprenticeship. ARTICLE 8 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, 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. ARTICLE 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 City: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924 With a copy to: City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924 If to Presiding Judge: Christopher D. Randall, Esq. 7500 W. 29th Avenue Wheat Ridge, CO 80215 Fax (303) 980-1721 WR MuniCourt/MuniJudgeContract - Randall -4- ARTICLE 10 – ASSIGNMENT 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. ARTICLE 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. IN WITNESS 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 first written above. ATTEST: CITY OF WHEAT RIDGE, COLORADO Janelle Shaver, City Clerk By: Joyce Jay, Mayor (Seal) APPROVED AS TO FORM: Gerald E. Dahl, City Attorney WR MuniCourt/MuniJudgeContract - Randall -5- PRESIDING JUDGE Christopher D. Randall ATTACHMENT 2 WHEAT RIDGE MUNICIPAL COURT COURT GOALS AND MISSION 2017 1. Provide efficient and professional service to customers. Assist customers to the extent permitted by ethical rules law. 2. Treat each customer equally regardless of gender, race, nationality, economic circumstances, or cultural background. 3. Provide a safe environment for employees and customers. 4. Attract, reward, compensate and retain exceptional employees. 5. Develop ways and means to provide services more effectively and efficiently. 6. Use various measurement tools as a process of evaluation to align customer service expectations to available personnel and fiscal resources. 7. Develop a customer service action plan. 8. Increase customer’s access to information regarding court services through maintenance and improvement of the court web site. 9. Develop strategies, programs, and sentences that mitigate crime, rehabilitate offenders, reduce traffic violations, and influence code issues. 10. Seek to upgrade old technologies and equipment within budgetary limits. 11. Remodel the courtroom and clerk’s office to increase security, improve customer service, and improve team member efficiency. ATTACHMENT 3 MUNICIPAL COURT PROJECTS 2017 Christopher Randall – Presiding Judge Kersten Armstrong – Court Administrator Mary McKenna – Deputy Court Administrator 1. Assist court team members to develop professionally a. Cross-training, goal setting, court mission development, staff education, conferences, seminars b. Monthly court staff meetings 2. Court entryway remodel to accommodate security equipment and provide meeting space for attorneys, witnesses, and staff 3. Court clerk window remodel to allow full time staffing at window(s) to improve customer service and staff efficiency 4. Staff development a. Collections investigator reclassification – completed b. Recruit Deputy Court Clerk II c. Recruit Court Marshal d. Recruit Deputy Court Clerk I e. Five year staffing plan f. Department and City-wide on-boarding process g. Succession planning h. Monthly staff meetings 5. Court efficiency, public relations, and customer service a. Old form amendment and new form creation b. Court procedures manual update c. On-line payments of fines and costs d. Monthly municipal judges meetings to develop best practices for municipal courts e. Flexibility with and alternative programs regarding payment of fines, restitution, and costs f. Train collections investigator g. Recognize and support victims of crimes to extent allowed by ethics and law h. Authorship of bi-annual Nuts and Bolts booklet for municipal judges 6. Legislative mandates a. Automatic appointment of attorneys for in-custody detainees (legislature postponed until Summer 2018) b. Added due process procedures for non-payment of monetary amounts c. Accelerated bond hearing times and personal recognizance bond requirements for persons in-custody d. Proliferation of various due process requirements e. Municipal court records sealing and expungement ATTACHMENT 3 f. Driving under revocation traffic infraction for municipal court (if approved by City Council) g. Amendment to texting while driving traffic infraction h. Expanded arraignment requirements i. Removal of certain weapons from illegal weapon list 7. Work with City Attorney to decriminalization certain ordinances and to permit penalty assessments for others 8. Work with police department and emergent JeffComm Dispatch to allow for court access to probable cause affidavits and arrest warrants 9. Time Clock payroll training 10. Priority Base Budgeting amendments 11. Work with the Colorado Municipal League to craft legislation 12. Engage in a best practices committee to educate advocacy groups and the Colorado Municipal League 13. Budget supplementation and amendment 14. Write articles for Mayor’s Matters newsletter ATTACHMENT 4 PURPOSES OF A CITY CRIMINAL CODE The Court is to construe the criminal City Code in such manner as to promote fulfillment of its general purposes, namely: 1. To define offenses. 2. To give warning of the prohibited conduct. 3. To give warning of the penalties authorized upon conviction. 4. To forbid the commission of offenses. 5. To prevent their occurrence through the deterrent influence of a sentence. 6. To provide for punishment. 7. To prevent crime. 8. To promote acceptance of responsibility and accountability by offenders. 9. To consider restitution to crime victim to make them whole. 10. To provide safety and security for victims and the public. State and Federal case law and §§ 18-1-102 & 102.5 (C.R.S. 2016) ATTACHMENT 5 CRIMINAL SENTENCING FACTORS CONSIDERATIONS By Christopher D. Randall Concepts from State and Federal case law, City Ordinances, §§ 18-1-102 & 102.5 C.R.S., and 18 U.S.C. § 3553 Sentencing is an art and varies from case to case. Pursuant to common sense, state statutes, and federal statutes, sentences should be sufficient, but not greater than necessary, to comply with the purposes of sentencing. The court should be able to state the reasons on the record (in court) for imposing a sentence. Some of the principles and purposes of sentencing are as follows: Restoration for victim (reimbursement for pecuniary/financial loss; restitution). Victim must submit bills or invoices. Victim safety Protection of the public Sentencing is individualized Reduce recidivism; deter offender from repeating the same or similar conduct Deter others from engaging in criminal conduct Punishment to the offender. However, no sentence should be cruel or unusual. Sentencing should be fair and impartial Court considers the rehabilitation likelihood Ability to comply w/sentence Acceptance of accountability for actions Distinguish between serious & minor offenses; distinguish between violent crimes against persons and non-violent crimes The nature and elements of the offense; e.g. crimes of violence, bodily injury, injury to pets or livestock, loss of property The seriousness of the offense; e.g. crimes against persons involving injury versus crimes of a less significant nature The history and character of the offender ATTACHMENT 5 The criminal record of the offender Success or failure w/sentences in other cases Aggravating circumstances. Victim, police, prosecutor, or anyone else can submit evidence. Mitigating circumstances; offender and others can submit statements, documents, photographs, etc.; e.g., subsequent remedial measures, victim’s provocation, remorse, acceptance of responsibility To select a sentence, a sentence length, and level of supervision that addresses the offender’s individual characteristics and reduces the potential that the offender will engage in further criminal conduct after completing his or her sentence. Promote respect for the law. Promote responsibility Promote accountability Provide restoration and healing for community Reduce costs to society AGENCY Pop.Base Hourly Rate B o n u s Ne x t P a y Re v i e w Yr s i n J o b L as t P a y In c . % E m p l o y e r Pa y s An n u a l Em p l o y e r Po r t i o n So c . S e c . M ed ic a l De n t a l Vi s i o n Ot h e r Be n e f i t s Au t o o r Al l o w . PT O Va c . Si c k Ho l i d a y Ot h e r Wheat Ridge (.75 FTE ) 33,000 $96.09 -$ Jun-17 14 Jul-15 5.00%$7,495 1.45%$14,308 $434 -$ $1,038- Life, STD, LTD; Rec Pass, Sect. 125, EAP --------100 ----------50 ----- $58 -$ ---------------------- Arvada 147,571 $70.95 $ - Jun-17 16 Jun-17 13.0%$19,214 1.45%$9,624 $783 $0 ------------------------ 10 hrs per month 3.69 per paych eck 72 24 • $700-full day; • $350-half day; • $90-2 hr minimum -$ ---------------------- Aurora 325,078 $68.27 -$ Jan-18 Va r i e s Jan-17 7.0%7.0%7.65% $7,127 single / $13,824 EE + 1 / $16,476 family $525 $0 Life Ins, Hlth Svgs, LTD, 457, EAP ---------------- 0-2yr/ 96; 15+/18 4 104 80 24 $75.00 -$ Jan-18 Va r i e s Jan-17 Boulder 103,100 $59.40 -$ Jul-11 8 Jul-10 13.70%13.70%1.45%$15,658 $1,260 -$ ------------------------184 112 80 24 $67.01 -$ Oct-11 9 Oct-10 13.70%13.70%1.45%-$ -$ -$ ------------------------92 56 40 12 Broomfield 57,864 $34.62 -$ Jan-12 0 Jul-11 6%$4,320 7.65%$6,325 $34 -$ $450-Life, disability & EAP ----------------168 0 0 STD, funeral $60 -$ Jan-12 8 Feb-03 ATTACHMENT 6 2017 - Judge Compensation ANNUAL ALLOCATION of LEAVE HOURSSALARY DATA RETIREMENT PLAN(s)EMPLOYER's ANNUAL COST for BENEFITS/PROGRAMS No Benefits (Part-Time) No Benefits No Benefits No Benefits (Relief Judge) (Relief Judge) (Relief Judge) (Part-Time) AGENCY Pop.Base Hourly Rate B o n u s Ne x t P a y Re v i e w Yr s i n J o b L as t P a y In c . % E m p l o y e r Pa y s An n u a l Em p l o y e r Po r t i o n So c . S e c . M ed ic a l De n t a l Vi s i o n Ot h e r Be n e f i t s Au t o o r Al l o w . PT O Va c . Si c k Ho l i d a y Ot h e r 2017 - Judge Compensation ANNUAL ALLOCATION of LEAVE HOURSSALARY DATA RETIREMENT PLAN(s)EMPLOYER's ANNUAL COST for BENEFITS/PROGRAMS Englewood 32,491 $58.48 -$ Unknown 14 Nov-08 10%$12,163 --------$8,079 $750 -$ $250 Wellness $1 , 2 0 0 Te c h n o l o g y Al l o w n c e ---------------------------------------- Fort Collins (.8 FTE)143,986 $55.92 -$ Dec-11 22 Jan-09 13%$12,095 7.65%$8,425 $552 -$ $505 - Life & LTD ----------------240 120 72 -------- Greeley 87,596 $43.27 -$ Mar-12 1 Mar-09 6%$5,400 7.65%$1,112 $353 $15 ----------------160 ----------------80 8 Lakewood Presiding 148300 $64.02 -$ Mar-12 3 Mar-11 10%$12,869 1.45%92.50%90%100%3% contribute to 457 plan $000 per year --------144 96 112 -------- $59.16 -$ Mar-12 21 Mar-11 10%$12,869 1.45%92.50%90%100% 3% contribute to 457 plan ----------------160 144 112 -------- $70 -$ ---------------------- Longmont 86,303 $56.99 -$ 7/1/11 25 Jan-09 10% (5% ea.) 10% (5% ea.)1.45%$4,022 $419 $30 $400- Retiree HAS ----------------168 96 72 8 No Benefits (Part-Time) Lakewood Municipal Not Applicable - No Part-Time Judges Not Applicable - No Part-Time Judges $50 per hour No Benefits (Part-Time) (Part-Time) (Part-Time) Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: May 31, 2017 (for June 5, 2017 Study Session) SUBJECT: Contract Building Inspection Services/WRBD Emergency Appropriation Councilmembers Urban and Duran requested a discussion of the following topics at the June 5, 2017 study session: 1. Back in 2009 resolution 44-2009 was passed as a special appropriation to pay for contract labor from Code International in the amount of $120,000 to supplement inspection services after the storm. Can we consider employing a service such as this to help ameliorate the backlog? 2. We would like to discuss a temporary expansion of the Wheat Ridge Business District grant program and an encouragement to Localworks to examine expanding their BUBL and HIP loan citywide to encourage upgrades to our commercial corridors as well as residential areas to coincide with the upcoming repairs. I would like to ask for an emergency allocation of $300,000 to supplement our current matching grant program and expand it to residential properties as well. I would suggest raising the façade and visual impact grants to a cumulative $30,000 per property.