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Home My WebLink Aboutresolution.council.045-21 RESOLUTION#45 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUE, CITY ATTORNEY OF THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, pursuant to Section 7.1 of the Home Rule Charter of the City of Aspen, the City Council shall appoint a city attorney. James R. True was appointed to this position as of February 21, 2012, following appointment as Special Counsel for the City of Aspen in December of 2007; WHEREAS, following his review by Council, the City Council and City Attorney agreed that it would be appropriate to enter into the employment contract. Such contract has been submitted to City Council for the retention of James R. True as City Attorney for the City of Aspen, a true and accurate copy of which is attached hereto as "Exhibit A." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Employment Contract by and between James R. True and City of Aspen, and hereby authorizes the Mayor to execute such contract, a copy of which are annexed hereto and incorporated herein, on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 271" day of April 2021. 07�� Torre, Mayor I,Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the 271h day of April 2021. Nicole He mg, City Clerk EMPLOYMENT CONTRACT ASPEN CITY ATTORNEY 2021 This contract is made and entered into as of this_day of 2021 between the City of Aspen("City")and James R. True("True"). RECITALS The City Council has offered continued employment to True in the capacity of City Attorney as that position is defined in the Colorado Revised Statutes and the Charter of the City of Aspen, and; True has accepted this offer of employment with all of the duties and obligations associated thereto, as those duties and obligations may be changed or amended by the City Council, from time to time. EMPLOYMENT NOW THEREFORE, the Parties hereto agree to be bound by the mutual covenants contained herein establishing their obligations concerning employment, remuneration, duties and performance. 1. Scope of Duties. True will serve as City Attorney and be responsible as chief legal counsel to the City of Aspen. True shall be responsible to defend the actions of the City Council, prosecute actions to enforce the law of the State of Colorado and the City of Aspen, as applicable, and advise other City staff so long as no conflict exists with his representation of the City Council. These duties may be amended and supplemented by the City Council at any time during the course of the initial term or any subsequent term of this contract. 2. Term. The term of this employment contract is for four years from the last anniversary date of February 21, 2021. Prior to February 21'of each year of this contract and for each year the contract is renewed, it is the intention of the parties to review True's performance in terms of successful completion of City Council directives, defense of the City of Aspen and performance of the attorney's office. The parties will also use such time to evaluate the terms and compensation of this contract and modify those by mutual consent. Any future adjustments to terms or compensation shall be reduced to writing and attached herein as an addendum to this Agreement and be fully executed by both parties. The term of this contract shall renew for successive one-year periods unless cancelled by either party as provided herein. 3. Compensation A. Salary. True shall receive a salary of $ 194,808.36 per year effective February 21, 2021. True shall receive retroactive pay for any difference in 1 salary and benefits calculated from the effective date until paid, as outlined in subparagraph C, below. This retroactive pay shall be paid no later than May 31, 2021. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. B. Benefits. True will receive all benefits contained within the City of Aspen Policy Manual, or its successor document, consistent with other City employees. C. Additional One-Time Retroactive Pay. True shall receive retroactive pay for the period of February 21, 2020 to February 20, 2021 in the amount equal to a 3.8% increase based upon a salary of$182,208 per year. True shall receive any benefit based upon salary retroactively for this period. True shall receive retroactive pay for the period of February 21, 2021 to the date paid in the amount equal to a 3.0% increase based upon a salary of$ 189,131.90 per year. True shall receive any benefit based upon salary retroactively for this period. This Additional One-Time Retroactive Pay shall be paid no later than May 31,2021. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document,as that document may be modified from time to time. D. Bonus Pay. True shall receive a one-time bonus pay in the amount of $1,500.00 to be paid no later than May 31, 2021. This payment is considered taxable income and is subject to such taxation. This compensation shall be paid in the same manner as any other City employee as provided for in the City of Aspen Policy Manual, or its successor document, as that document may be modified from time to time. 4. Termination. Notwithstanding the provisions of Paragraph 2 of this Agreement,this Agreement may be terminated by: A. Mutual agreement of the parties. B. Disability of the Employee pursuant to Paragraph 5. C. Discharge for good and just cause relating to the Employee's duties. The term "good and just cause" shall include, but not be limited to, a 2 material breach of the terms and conditions of this Agreement, unsatisfactory performance of duties such as malfeasance, misfeasance, or nonfeasance, and other good and just cause. However, the City Council shall not arbitrarily and capriciously dismiss the Employee. In the event the City Council believes that it has good and just cause for dismissal as defined herein, it shall give the Employee an enumeration of such cause in writing; a summary of the evidence, including the names of witnesses and copies of any documents supporting the alleged cause; and the opportunity for a hearing with respect to such good and just cause before the City Council or, at the City Council's option, before an arbitrator pursuant to the provisions of the paragraph below captioned Alternate Dispute Resolution. The hearing may be in open session at Employee's option. City shall pay the discharge proceedings in full with the exception of if the Employee chooses, he may, at his sole expense, be accompanied by legal counsel at any hearing, and shall pay his own attorney's fees. D. Unilateral termination without cause by the City or a request from the City Council for Employee's resignation of employment as City Attorney. In the event that Employee is terminated pursuant to this Section 4. D., Employee shall be entitled to severance in an amount equivalent of ten (10) months' salary at his then base salary pay rate. The severance payment, along with any cash out of accrued but unused leave pursuant to the City's policy manual, shall be made within twenty (20) days of termination. E. Death of the Employee. F. Unilateral termination by the Employee by providing thirty (30) days' written notice. 5. Disability. Should the Employee be unable to perform any or all of his duties by reason of illness, accident, or other causes beyond his control and such disability exists for a period of more than one month, the City may, in the discretion of the City Council, make a proportionate deduction from the Employee's salary, and if such disability continues for more than three months or is permanent or of such nature as, in the judgment of the City Council and subject to applicable state and federal laws including, without limitation,the Americans with Disabilities Act,the Family Medical Leave Act, and the Colorado Family Care Act, to make the performance of the essential functions of his position with reasonable accommodation impossible,the City may, in the discretion of the City Council,terminate this Agreement. 6. Assignability. This contract is not assignable by either party under any condition. 7. Annual Appropriations. The financial obligations of the City of Aspen contained in this contact are subject to annual appropriation of funds by the City Council acting in its governmental capacity. 3 8. Agreement Made in Colorado. The parties agree that this agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the Pitkin City District Court for the State of Colorado. 9. Attorney's Fees. In the event legal action is necessary to enforce or interpret any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. City of Aspen City Attorney By: Torre James R. True Mayor 4