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HomeMy WebLinkAbout2016 Resolution No. 093• • • RESOLUTION No._!13_ SERIES OF 2016 A RESOLUTION APPOINTING ALISON MCKENNEY BROWN TO THE POSITION OF CITY ATTORNEY FOR THE CITY OF ENGLEWOOD, AND APPROVING THE CONTRACT FOR COMPENSATION. WHEREAS, under the authority of the Englewood Home Rule Charter, Article IX, Section 64, the City Council is empowered to appoint the City Attorney who shall be the legal representative of the City and who shall advise the Council and City Officials in matters relating to the official powers and duties; and WHEREAS, City Council shall establish compensation for the City Attorney under Article IX, Section 64 of the Englewood Home Rule Charter; and WHEREAS, the City Council has selected and hereby appoints Alison McKenney Brown as the new City Attorney for the City of Englewood; and WHEREAS, the City Council resolves to approve the Contract for Compensation entered into between the City of Englewood and the City Attorney; and WHEREAS, the Appointment and Contract for Compensation are subject to the City Attorney being admitted to the practice of law in the State of Colorado as set forth by the terms contained in Section 1 of the Contract between the City of Englewood and the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Alison McKenney Brown shall be and is hereby appointed, subject to admission to the Colorado Bar, as the City Attorney as pro'vided by Article IX, Section 64 of the Englewood Home Rule Charter, and in accordance the Contract for Compensation is hereby approved. ADOPTED AND APPROVED this 1st day of August 2016. 0 I Loucrishia A. Ellis, City Clerk 1 I, Louchrishia A. Ellis, City Clerk of the City ~ngl~wood, Colorado, hereby certify that the above is a true copy of Resolution No. B Series 2016 • ~ • • 2 • • • EMPLOYMENT AGREEMENT WHEREAS. the City of Englewood is a Home Rule City within the meaning of the Constitution of the State of Colorado and is authorized to exercise and perfon11 those powers and functions set out in its Home Rule Charter, as amended from time to time; and WHEREAS, under Article VII of the Englewood Home Rule Charter, City Council (Council) of the City of Englewood has the duty and power to appoint the City Attorney under certain tem1s and conditions; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the ClTY OF ENGLEWOOD (City) and Alison McKenney Brown (Ms. Brown or City Attorney) agree as follows: Section l. Powers and Duties of the Citv Attornev. Alison McKenney Brown (Ms. Brown) shall serve as City Attorney for an indefinite term and shall have such powers and duties as prescribed or permitted by the Englewood Home Rule Charter and Englewood Municipal Code. Ms. Brown hereby certifies that she will be eligible to serve as City Attorney subject to the provisions of Article TX of the Englewood Home Rule Charter, and is eligible to be admitted to the Bar of the State of Colorado in accordance with C.R.C.P. Rule 203.2, Applications for Admission on Motion by Qualified Out-of-State Attorneys and that she shall file all appropriate application materials for admission to the Bar of the State of Colorado no later than 30 days from acceptance of this agreement. Ms. Brown anticipates that all requirements for Bar admission will be completed by December, 2016 and anticipates admission in January, 2017. Ms. Brown will at all times maintain her certification to practice law in and shall be a member in good standing of the Bar of the State of Colorado. This appointment shall be formalized by City Council action on or about August 1, 2016, subject to Ms. Brown's admission to the Bar of the State of Colorado and upon such admission Ms. Brown shall assume duties as the City Attorney. If Ms. Brown is not admitted to the Bar of the State of Colorado on the timetable specified in this Section, this Agreement shall immediately terminate. Section 2. Services and Exclusive Emplovment. The City Attorney is a full time position, and Ms. Brown agrees to devote substantially all of her work time, energy and ability to the functions of City Attorney while employed under this Agreement. The term "employed", however, shall not be construed to include occasional teaching, writing, speaking or consulting performed on the City Attorney's own time, even if outside compensation is provided for such services, and as long as such service does not interfere with her performance of full time responsibilities as City Attorney and provided that in no case is any such activity allowed which would present a conflict of interest with the City . Section 3. Term/Termination. The City Attorney serves at the pleasure of the Council and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the Council to terminate the services of the City Attorney at any time subject only to the provisions of this Section. A. ln the event Ms. Brown voluntarily resigns as City Attorney she shall give the Council thirty (30) days advance notice unless the parties agree otherwise. B. In the event Ms. Brown is involuntarily tcrn1inated by a majority vote of the Council , upon the effective date of her termination Ms. Brown shall be paid the balance of her salary for the cu1Tent month and her salary for the next calendar month. C. D. E. Section 4. A. In the event Ms. Brown is terminated by the Council. all life, health, dental, and disability insurances and all other Employer provided benefits shall continue in full force and coverage, at Employer expense, for a period of two (2) months or until similar coverage is provided to Ms. Brown by a subsequent employer (and is in full force and effect), whichever comes fir.st. Said continuation of group health insurance coverage shall be in addition to any 1ight or protection afforded the Employee by the Consolidated Omnibus Budget Reconci1iation Act of I 985 (COBRA). Coverage under COBRA shall begin on the date all coverage extended under the severance provisions herein expire. In the event the City Attorney is terminated because of conviction of a felony. the City shall have no obligation to pay the aggregate severance payment or benefits in Subsections B and C above. In the event Ms. Brown's employment is terminated because of failure to be admitted to or maintain membership of the Bar of the State of Colorado, the City shall have no obligation to pay the aggregate severance payment or benefits in Subsections B and C above and Ms. Brown shall reimburse the City for any relocation expenses paid by the City under Section 7 below and Tuition Reimbursement under Section 4.E below. Salarv and Benefits. Upon assumption of the City Attorney duties. Ms. Brown shall receive an annual salary of One Hundred and Sixty-Five Thousand Dollars ($165,000) which shall be prorated on a bi-weekly basis and paid every other Friday. At the end of twelve ( 12) months of employment and at least annually thereafter, the City Attorney's perfo1mance shall be evaluated by City Council at which time nn increase in annual compensation may be considered at the discretion of Council.. Following the initial twenty-four 2 • • • • • • 8. months of employment of Ms. Brown as City Attorney, the Council will consider future increase in base salary taking into account the ability of Ms. Brown to successfully reduce outside legal costs to private finus for those areas that both she and the Council agree could be better and more cost effectively administered in-house in the City Attorney's office. The City Attorney's benefits shall be at the same level and in the same fonn as Directors for the following items: 1. 2. 3. 4. 5 . 6. 7. 48 hours of personal leave annually; Short Term Disability -0-9 years: 780 hours annually; IO years and thereafter: 1040 hours annually; Long-Tenn Disabi1ity -60% of monthly saln1)' to a maximum of Seven Thousand Dollars ($7,000) per month, after 6 months of disability: Medical and Dental insurance coverage; Life and Accidental Death and Dismemberment Insurance of one times annual salary: Technology Allowance up to $1.200 per yem. Up to Two Hundred and Fifty Dollars ($250.00) per year which can be used for fitness center passes, equipment, and other items that promote and enhance wellness. C. Retirement Plans. D. ICMA-RC 401(a) Money Purchase Plan: City contributes ten percent (10%) and Employee contributes a mandatory six percent (6%). There is immediate one hundred percent (100%) vesting for City contributions. The Cily Attorney shall have the option of contributing to an ICMA-RC 457 Deferred Compensation Plan and an ICMA-RC payroll reduction Roth IRA. Vacation {Annual Leave). 1. The City Attorney will be credited with an initial vacation bank of two (2) months in consideration for benefits and leaves foregone by her in leaving her prior position to accept the City Attorney's position. Any 3 unused portion of this initial vacation bank of two (2) months shall be paid at time of separation if separation occurs under paragraph 3.B., but there shall be no such payment if separation occurs under paragraphs 3.A. or 3.D. or 3.E. 2. .rvis. Brown shall accrue annual vacation as follows: Three (3) weeks of vacation during her first year of employment; after one ( 1) year of satisfactory perfom1ance four ( 4) weeks of vacation accrual per year; after three (3) years of satisfactory perfonnance five (5) weeks of vacation accrual per year; and after five (5) years of satisfactory perfonnance six (6) weeks of vacation accrual per year. There is a maximum of 240 hours of annual accrued and unused vacation. Use of vacation and payment for any accrued but unused vacation leave at the time of separation shall be in accordance with City policies and procedures. E. Tuition Reimbursement. F. The City Attorney will be eligible for tuition reimbursement. including Continuing Legal Education fees, Ethics and Professionalism courses, and program registrat'ion costs up to Two Thousand Dollars ($2,000) annually effective upon her commencement of employment with the City. Auto Al1owance. The City Attorney wi11 be paid an auto allowance of Four Thousand Eight Hundred Dollars ($4,800) per year which will be prorated and paid at Four Hundred Dollars ($400) per month. G. All provisions of the Charler, ordinances. policies and rules and regulations of the City relating to fringe benefits und working conditions, as they now exist or hereafter may be amended, shall also apply to the City Attorney as they would to all other employees of the City, except for the benefits enumerated herein specifically for the benefit of the City Attorney. Section 5. Professional Dues and Fees. The City shall pay membership fees for Ms. Brown to maintain membership m approp1iate professional, civic and community/social organizations. Section 6. A. General Expenses. The City shall reimburse Ms. Brown for reasonable expenses necessarily incurred by her in can-ying out her duties as City Attorney, subject to submission of paid receipts in accordance with City policy. The City shall 4 • • • • • • B. Section 7. bear full cost of any fidelity or other bonds required of the City Attorney under law or ordinance. The Finance Director is hereby authorized to disburse funds as needed to fulfill all provisions of this Agreement. upon receipt of duly executed expenses or petty cash vouchers, receipts, statements. or personal affidavits in accordance with City policies and procedures. Relocation Expenses. The City shall pay directly for the full cost of moving all household items of 11/ls. Brown and her family to Englewood. Said moving expenses to include packing, moving. storage costs. unpacking, and insurance charges. Ms. Brown agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest responsible bidder. Section 8. Conflict of Interest Prohibition. It is further understood and agreed that because of the duties of the City Attorney within and on behalf of the City ofEng1ewood and its citizenry, the City Attorney shall not, dming the tern, of this Agreement. individually, as a parl11er, joint venturer, officer or shareholder. invest or participate in any business venture conducting business in the corporate limits of Englewood, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without the prior approval of the Council. For and during the tenn of this Agreement, Ms. Brown further agrees, except for a personal residence or residential property acquired or held for future use as her personal residence, not to invest in any other real estate or real property improvement s within the corporate limits of the City of Englewood, without the prior approval of Council. Section 9. A. B. C. General Provisions. This Agreement shall be governed as to its validity and effect by the laws of the State of Colorado. This instrument constitutes the entire agreement of the pa11ies hereto and may be modified. amended, or waived only by written instrument executed by both parties. No waiver of a breach hereof shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature. All notices, requests, demands, and other communications hereunder shnll be in \Vriting and shall be deemed to have been duly given if delivered or mailed by registered or certified mail. postage prepaid. addressed to Ms. Brown at her address as it appears i.n the records of the City, or addressed 5 o the City, attention of the tfayor, with a copy to the City Clerk at their offices in Englewood, Colorado. D. This Agreement is one for persona1 services to be provided by Ms. Brown only and may not be assigned. E. lf any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement or portion thereof~ shall not be affected by such ruling and shall remain in full force and effect. F. Each party has cooperated with the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any patty 011 the basis of that party being the "drafter". G. This Agreement may be executed in one or more counterparts, each of which sha11 be deemed an original, but all of which together shal1 constitute one and the same instrument. H. This Agreement shall become effective upon adoption and approval by the Council of the City of Englewood. IN WITNESS WHEREOF, the City of Englewood, Colorndo has caused this Agreement to be signed and executed on its behalf by the Mayor and duly attested by its City C1erk 011 the date written below, and Ms. Brown has approved and accepted this Employment Agreement. City Clerk Date: ------------- 6 Alison McKenriey Brown Date: ~Ju ')J . fl\ v<C> I le • • •