HomeMy WebLinkAboutOrdinance 1624CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
COUNCIL BILL NO. 12
ORDINANCE NO. 1624
Series of 2017
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, 2015 for a two-year term expiring on July 1, 2017; 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 years; and
WHEREAS, Judge Randall has requested reappointment at the end of his
current term, as well as an increase in his hourly rate in the Presiding Municipal Judge
Services 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
years, expiring on July 1, 2019. The Presiding Judge's compensation shall be $98.97
per hour. The terms and conditions of the Presiding Judge's appointment shall be as
set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1,
2017, 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 Severability; Conflicting Ordinances Repealed.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provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect upon adoption at
second reading, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on
this 26th day of June, 2017, 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 10, 2017, 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
avoteof 5 to 1 ,this___!Qdayof July ,2017.
SIGNED by the Mayor on this _1_0_th __ day of_J_u_l_Y __ , 2017.
ATTEST:
First Publication: June 29, 2017
Second Publication: July 13, 2017
Wheat Ridge Transcript
Effective Date: July 10, 2017
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;
8. 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. Responsible for preparation of annual department budget, monitoring of operational
expenses and overall delivery of court services.
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
8. 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 during its term for any of the
reasons enumerated in Section 8.3 of the Charter.
ARTICLE 4 -COMPENSATION, PERFORMANCE
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
Judge in the performance of his duties under this Agreement, including mileage and travel
expense.
Presiding Judge shall be paid via the current City system for recording and
compensating hourly employees.
A. 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.
B. Performance
Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a
two year term . In contrast to other employees of the City, the Judge's compensation is
set by the Council by ordinance, rather than through the annual performance review
process for other city employees. Also, the Presiding Judge is not an at-will employee as
all other city employees are. In recognition of these distinctions, the parties agree that
the Council functions as the performance review body for the Presiding Judge,
exercising that authority by ordinance as required by the Charter.
ARTICLE 5 -INDEMNIFICATION, INSURANCE AND BENEFITS
• Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq.,
C.R.S., Presiding Judge is 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 out of his performance of his official duties as described. Presiding Judge shall be
eligible to participate in the following insurance and benefit programs available to City
employees, at a 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 a minimum of
thirty (30) hours per week:
• short term disability; long term disability;
• worker's compensation;
• group term life insurance;
• employee assistance plan;
• retirement plan;
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• official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per
year per Section 5-1 of the City's Personnel Policies);
• personal time off (PTO) leave accrued per pay period dependent upon the number
of hours of work per week and longevity in the position, all as governed by Section 5.6 of the
City's Personnel Policies;
• 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.
• As a department head, Presiding Judge receives an annual $600 allowance for
cellular telephone.
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.
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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 -JUDICIAL INDEPENDENCE
An independent, fair and impartial judiciary is indispensable to our system of justice.
The United States legal system is based upon the principle that an independent, impartial, and
competent judiciary, composed of men and women of integrity, will interpret and apply the law
that governs our society. Thus, the judiciary plays a vital role in preserving the principles of
justice and the rule of law. Judges, individually and collectively, must respect and honor the
judicial office as a public trust and strive to maintain and enhance confidence in the legal
system. Presiding Judge is expected to uphold these principles.
ARTICLE 9 -JUDICIAL IMPARTIALITY
Presiding Judge shall uphold and apply the law, and shall perform all duties of judicial
office impartially. Impartially means absence of bias or prejudice in favor of, or against,
particular parties or classes of parties, as well as maintenance of an open mind in considering
issues that may come before the judge. Presiding Judge shall perform the duties of the judicial
office, including administrative duties, without bias or prejudice. Presiding Judge shall not be
swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political,
financial, or other interests or relationships to influence the judge's judicial conduct or judgment.
Presiding Judge shall not convey or permit others to convey the impression that any person is
able to influence the judge.
ARTICLE 10 -EX PARTE COMMUNICATION
Presiding Judge shall not initiate, permit or consider ex parte communications, or
consider other communications made to the judge outside the presence of the parties or their
lawyers, concerning pending or impending matters.
ARTICLE 11 -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.
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ARTICLE 12 -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:
With a copy to:
If to Presiding Judge:
City Manager
7500 W 29th Avenue
Wheat Ridge, CO 80033
Fax: (303) 234-5924
City Attorney
7500 W 29th Avenue
Wheat Ridge, CO 80033
Fax: (303) 234-5924
Christopher D. Randall, Esq.
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Fax (303) 980-1721
ARTICLE 13 -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
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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:
~ .
Janelle Shaver, City Clerk
£bi .v E"'!'-1-v/V; Dr-fvf'J ~) Cir..-/(
Gerald E. Dahl, City Attorney
PRESIDING JUDGE" ~ t)-
Christopher D. Randall
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