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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 Severability; Conflicting Ordinances Repealed.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 All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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; WR MuniCourt/MuniJudgeContract -Randall -2- • 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. WR MuniCourt/MuniJudgeContract -Randall -3- 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. WR MuniCourt/MuniJudgeContract -Randall -4- 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 WR MuniCourt/MuniJudgeContract -Randall -5- 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 WR MuniCourtiMuniJudgeContract -Randall -6-