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HomeMy WebLinkAboutItem 08 Presiding Judge Employment Contract AGENDA ITEM SUMMARY Meeting Date: 11/6/2017 Meeting Type: Regular Meeting Staff Contact/Dept.: Bob Duey Staff Phone No: (541) 726-3740 Estimated Time: 5 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: PRESIDING JUDGE EMPLOYMENT CONTRACT ACTION REQUESTED: Motion to authorize the Mayor to sign an employment contract with Susan Triem for the position of Municipal Court Presiding Judge. ISSUE STATEMENT: For the position of Municipal Court Presiding Judge the Financial/Judiciary Committee has recommended and the full Council has directed staff to prepare and present for approval an employment contract with Susan Triem. Ms Triem was recommended to the Council by the Financial/Judiciary Committee after a full recruitment and interview process. The employment contract as presented is substantially in the same form as the one that will be presented to the Mayor for signature. This position reports directly to the Council and will under the guidance of the Finance /Judiciary Committee. ATTACHMENTS: 1.Employment Contract with Susan Triem for Municipal Court Presiding Judge DISCUSSION: The position of Presiding Judge came open after the retirement of the previous incumbent. After completing its interview process the Financial/Judiciary Committee unanimously recommended Ms Triem to the full Council for the position. Subsequent to an interview of Ms Triem by the full Council, staff was directed to prepare an employment contract for consideration. Ms Triem is a graduate of the University of Idaho Law School, has served as a City Prosecutor, as an Assistant District Attorney and has been an Administrative Law Judge for the State of Oregon. She is currently in private practice. Ms Triem will be employed to work a schedule to include a 28-hour work week and initially be assigned to spend approximately 75% of the time with direct courtroom duties and 25% of the time administratively on the review and design of the court programs and services. Although reporting directly to the Council, Ms Triem will be considered a non-union executive management employee of the City and will receive a benefit package that is in-line with that which would be provided to other non-union executive management employees. ATTACHMENT 1 – Page 1 PRESIDING MUNICIPAL COURT JUDGE EMPLOYMENT AGREEMENT This Agreement made and entered into this 6th day of November, 2017, by and between the City of Springfield, Oregon, a municipal corporation, hereinafter referred to as “Employer,” and Susan Triem, hereinafter referred to as “Employee.” STATEMENT AND PURPOSE: The Employer operates a municipal court pursuant to the Springfield City Charter, Municipal Code, and applicable Oregon statutes. The Municipal Court Judge is appointed by the City Council and the Employer desires the services of Employee as the Presiding Municipal Court Judge. Employee desires to serve in that capacity and the purpose of this agreement is to set forth their mutual responsibilities. The parties agree to the following terms: 1. DUTIES: The Employer hereby agrees to employ Employee as the Presiding Municipal Court Judge of the Springfield Municipal Court, to perform the functions and duties specified in the Springfield City Charter attached as Exhibit A. 2. TERM: This agreement shall be for an indefinite term. (a) Nothing in the agreement shall prevent, limit, or otherwise interfere with the right of the Employer to terminate the services of Employee at any time, subject only to the provisions of this agreement pertaining to Termination and Severance Pay. (b) Employee may resign at any time, subject only to the provisions of the agreement relating to Termination and Severance Pay. (c) During the term of this agreement, it is understood and agreed that Employee may maintain a separate, private legal practice and accept employment and cases therein which are not in conflict with the interest of the City of Springfield. (d) Except in the case of termination for cause or by mutual agreement of the parties, each of the parties agree not to terminate this contract (by either termination as referred to herein, or resignation), except upon ninety (90) days prior written notice. Employee shall not defend defendants in Springfield Municipal Court nor defend parties in claims against the City of Springfield. 3. TERMINATION AND SEVERANCE PAY: Employee shall be entitled to severance pay in an amount equal to 8 hours of pay at the current hourly rate to be paid in a lump sum, under any one of the following conditions: (a) If Employee is terminated by the Employer at a time when Employee is willing and able to perform the duties of the Presiding Municipal Court Judge, or ATTACHMENT 1 – Page 2 (b) If the Employer reduces the total compensation of Employee in a greater percentage than a comparable reduction for all other City employees in the same group (i.e. exempt supervisory/administrative), or (c) If Employee resigns because the Employer has failed to comply with the terms and conditions of this agreement, or (d) If Employee resigns upon a request by the City Council, whether formal or informal. (e) In the event that Employee is terminated by the Council for cause, as defined for other employees in the Springfield Personnel Manual, then Employee shall not be entitled to severance pay. (f) In the event that Employee voluntarily resigns her position, then Employee shall not be entitled to severance pay. 4. CLASSIFICATION OF POSITION: The position of Presiding Judge is considered an Executive Management position and is classified as a non-union position exempt from FLSA. 5. CONTRACTED HOURS: The Employer and Employee agree that the hours contracted for as part of this original agreement is 28 hours per week or an equivalent of .70 FTE. 6. COMPENSATION: The Employer agrees to pay Employee, for services rendered pursuant to this Agreement, payable in installments at the same time as other employees of the Employer are paid. Employee shall be paid at an hourly rate of $72.30. This position will not be included in the current non-union compensation market study and implementation plan. 7. FRINGE BENEFITS AND INSURANCE: Except as otherwise provided herein, Employee shall be entitled to the same benefits and insurance coverages available to Employer department directors. 8. PERFORMANCE APPRAISAL: The Employer and Employee will participate in performance appraisals of Employee and the operation of the Municipal Court at a minimum on an annual basis. 9. HOURS OF WORK: Employee is expected to serve on the bench approximately 3 days per week accounting for approximately 75% of scheduled time. The remaining hours will be available for non-courtroom administrative responsibilities. Employee shall be available for all scheduled hours or will make arrangements with another Springfield Municipal Judge to cover for dockets where he or she is unavailable. Employee must be available one weekend out of every three to review Probable Cause Affidavits. ATTACHMENT 1 – Page 3 10. EMPLOYER PROVIDED EQUIPMENT: The Employer agrees to provide judicial robes and office space and necessary office equipment. 11. DUES AND SUBSCRIPTIONS: The Employer agrees to budget and pay for professional dues and subscriptions of Employee necessary for her continuation and full participation in national, regional, state and local associations regarding the position of judge, and organizations necessary and desirable for her continued professional participation, growth and advancement, and to improve her performance in her duties as presiding judge of the municipal court, subject to the constraints of the Municipal Court budget. 12. PROFESSIONAL DEVELOPMENT: The Employer agrees to budget and pay registration, travel and subsistence expenses of Employee for professional and official travel, meetings and occasions deemed necessary or desirable to continue the professional development of Employee, subject to the constraints of the Municipal Court budget. 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT: Employee agrees to conduct the administrative operations of the Court, such as submission of signed monthly time sheets, requests for travel expense reimbursement, and responses to citizen complaints and inquiries, in accordance with established Employer policies and practices. The Finance Director shall be responsible for providing Employee with information regarding these policies and ensuring conformance. The City Council may, for the Employer, fix any other terms and conditions of employment as it may determine from time to time are appropriate, provided that the terms and conditions are not inconsistent with, or in conflict with, the provisions of this agreement, the City Charter, or any other law. 14. EFFECTIVE DATE: This agreement shall be effective commencing on November 06, 2017. 15. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable, the remainder shall be deemed severable and shall not be affected, but shall remain in full force and effect. 16. ATTORNEY FEES: In the event legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to attorney fees and other costs and expenses of litigation through and including trial and appeal. 17. ENTIRE AGREEMENT/NON-WAIVER: Except for standards, criteria, or policy directives made applicable pursuant to an employee’s performance evaluation, this is the entire agreement of the parties and it may be modified only in writing and signed by both parties. If failure of either party to enforce any provision of this Agreement ATTACHMENT 1 – Page 4 shall not be deemed a waiver of any other provision of the contract or any other subsequent breach. IN WITNESS WHEREOF, the Employer has caused this agreement to be signed and executed on its behalf by its Mayor and duly attested by the City Recorder, and Employee has signed and executed the agreement the day and year first above written. __________________________ _____________________________ Christine Lundberg, Mayor Susan Triem EXHIBIT A GENERAL STATEMENT OF DUTIES: Serves as the judicial officer of the City. Performs judicial activities and oversees the judicial functions of the court, ensuring conformance with legal and departmental requirements. Works as an independent contractor with requirements set forth by the City Council. The City Council has the sole authority to appoint and remove the Presiding Municipal Court Judge as an officer of the City under Section 22 of the Charter for the City of Springfield. The Presiding Municipal Court Judge serves at the pleasure of the City Council and may be removed by the City Council at any time without cause. The Presiding Municipal Court Judge shall exercise original and exclusive jurisdiction of all crimes, violations and all actions brought to recover or enforce forfeiture or penalties defined or authorized by ordinances of the City including adopted state criminal and vehicle codes. The Presiding Municipal Court Judge shall have authority to issue process for the arrest of any person accused of an offense against the ordinances of the City, to commit any such person to jail or admit them to bail pending trial, to issue subpoenas, to compel witnesses to appear and testify in court on the trial of any cause before the Court, to compel obedience to such subpoenas, to issue any process necessary to carry into effect the judgments of the court, and to punish witnesses and others for contempt of the court. When not governed by ordinances or the Charter, all proceedings in the municipal court for the violation of a City ordinance shall be governed by the applicable laws of the State governing justices of the peace and justice courts. Nothing in this section shall preclude transfer of all or part of the municipal court jurisdiction to a state court. SUPERVISION RECEIVED: The Presiding Municipal Court Judge works under the executive direction of the City Council. A subcommittee of the Council meets periodically to review the municipal court operations. The Presiding Municipal Court Judge operates independently as to judicial decisions, responsibilities and functions. Periodically thereafter the subcommittee of the City Council will meet with the Presiding Municipal Court Judge to receive and discuss Court services. SUPERVISION EXERCISED: The Presiding Municipal Court Judge shall exercise supervision over the court personnel concerning their in-court and municipal court responsibilities. The day-to-day job supervision and evaluation of the court personnel shall be the responsibility of the Finance Director or other designee of the City Manager. The Presiding Municipal Court Judge will consult and cooperate with the Finance Director concerning all aspects of the operation of the court and court personnel and assist with the evaluation of court personnel. The hiring and termination of court personnel shall be done following city personnel procedures for employees who are responsible to the City Manager. The Presiding Municipal Court Judge may not appoint assistants and/or pro-tem judges to fulfill specific functions or roles. • ABILITY TO: • Ensure all Municipal Court operations are diligently and courteously conducted. o Demonstrate an impartial, non-discriminatory approach to all court activities. o Avoid appearance of conflicts of interest and exercise sound judgment, keeping individual personal interests separate from responsibilities as Presiding Municipal Court Judge. o Manage court environment to ensure individuals are heard and respected. Maintain an appearance of independent and professional court demeanor. o Listen actively and attentively to all who come before the court. o Manage court environment to ensure individuals rights are consistent with current applicable controlling case law and legislation. o Be creative in developing practical solutions to problems faced in the course of court functions. o Analyze and appraise case facts, rules of evidence and jurisdiction. • Manage and administer Municipal Court operations and personnel in an efficient and timely manner. o Manage and initiate court programs in cooperation with the City Prosecutor, City Attorney and court staff to secure compliance with court orders, fines, assessments and sentences. o Manage the proper maintenance and use of confidential information. o Manage case loads and court calendar. o Provide advice and training to Court staff. o Provide timely explanation of rulings to City Prosecutor, City Attorney, Defense Attorneys, Police Officers, defendants and City officials as the Oregon Code of Judicial Ethics allow. o Be punctual and consistent in attendance. • Establish and maintain effective working relationships with City Council, Court staff, City Prosecutor, City Attorney, City Department Heads, and the general public. o Demonstrate conduct and language that reflects positively on the City of Springfield. o Concisely communicate verbally and in writing and ensure open channels of communication between the court, its users, City Council and other City departments. o Organize and prepare annual or semi-annual reports as requested by the City Council. o Assist the City Manager and Finance Director in preparation of annual Municipal Court budget. o Work with the Finance Director to manage court costs and expenditures in compliance with adopted budget requirement. o Assist the Finance Director with staff evaluations and oversight.