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Home My WebLink Aboutresolution.council.023-25RESOLUTION #023 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ASPEN AND JAMES R. TRUE, THE CITY ATTORNEY OF THE CITY OF ASPEN AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AMENDMENT 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 Mr. True's announcement that he was retiring as City Attorney and proposed to step back to his previous position as Special Counsel, the City Council and City Attorney agreed that it would be appropriate to amend the existing employment contract to reflect this change in status and to modify the agreement, including its term and salary. A true and accurate copy of the proposed amendment 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 Amendment to Employment Contract by and between James R. True and City of Aspen and hereby authorizes the Mayor to execute such contract amendment, 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 11 to day of February 2025. 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 1 l th day of February 2025. 1 Nicol Henning, City Clerk Docusign Envelope ID: C3742963-2BDC-4F5E-AA40-D2BDA3C1AD65 AMENDMENT TO EMPLOYMENT CONTRACT THIS AMENDMENT made this — day of February 2025, modifies the EMPLO-i WNT CONTRACT for the City Attorney, dated April 27, 2021, ("Contract") by and between the CITY OF ASPEN (hereinafter referred to as "City"), and JAMES R. TRUE (hereinafter referred to as "Employee" or "True"), as follows: WITNESSETHa WHEREAS, True is currently employed by the City as the City Attorney; and, WHEREAS, True and City Council entered into an employment contract on or about April 27, 2021 for a term from February 21, 2021 through February 21, 2025, with yearly extensions thereafter; and, WHEREAS, True, in anticipation of retirement, has advised Council that he wishes to step down from his role as City Attorney until such time as the City Council appoints a new or interim City Attorney or until the end of the initial term of the contract, February 21, 2025, whichever is later. However, to facilitate transition, in particular given the municipal general election scheduled for March 4, 2025, True proposes to continue his employment with the City in his previous role as Special Council on the terms set forth below; and, WHEREAS, the City and Employee desire to amend the previously entered Employment Contract on terms mutually agreeable to the parties, as set forth herein, conditioned upon the adoption of this amendment pursuant to a Resolution approved by City Council at a Regular Meeting of City Council; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows. 1. Paragraph 1, Scope of Duties is amended as follows: Scope of Duties. True will continue to serve as City Attorney and be responsible as chief legal counsel to the City of Aspen through February 21, 2025, or until such time as a new or interim City Attorney is appointed by the City Council pursuant to the Charter, whichever is later. In this capacity, True shall be responsible for the duties set forth in the Contract and by the Charter and City codes. Upon the appointment of a new or interim City Attorney, True shall be designated and appointed Special Counsel to the City of Aspen and shall assume the duties set forth by City Council and the City Attorney. 2. Paragraph 2, Term, is amended as follows: Docusign Envelope ID: C3742963-2BDC-4F5E-AA40-D2BDA3C1AD65 The Term of this Agreement is hereby extended from February 21, 2025, until April 6, 2025 and shall continue on an at will basis thereafter until terminated as set forth below. 3. Paragraph 3, Salary, as previously amended, shall be further amended to read as follows. A. Salary. As of February 21, 2025, True shall receive compensation as a full-time employee under 40 hours per week calculated pursuant to a maximum salary of $252,019.87. 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. Any increase in compensation after February 211 2025, shall be pursuant to a review with the City Attorney on an annual basis commencing on February 21, 2026. B. Benefits. True will receive all benefits contained within the City of Aspen Policy Manual, or its successor document, consistent with other full-time City employees. C. Bonus. True shall receive a bonus of $6,205.06, as equalization of the year 2024 city-wide salary calculations. 4. Paragraph 4, Termination is hereby amended to read as follows: Notwithstanding the provisions of Paragraph 2 of this Agreement, on or after April 6, 2025, this Agreement may be terminated by either party upon thirty (30) days written notice to the other party. Unless terminated for cause, True will continue to work and receive salary for the full thirty days following such notice. Also, unless terminated for cause, termination prior to April 6, 2025 shall require payment of salary through April 6, 2025. 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 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 causes 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 Docusign Envelope ID: C3742963-2BDC-4F5E-AA40-D2BDA3C1AD65 provisions of the paragraph below captioned Alternate Dispute Resolution. The he may be in open session at Employee's option. City shall pay all costs of 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. py At the time of termination of emloment, y True shall be entitled to an payments set forth above, as well as all benefits set forth in the City' s poicy manual, including any cash out of accrued but unused leave, which payments shall be made within thirty (30) days of termination, l 5. All other terms and conditions of the Contract, not inconsistent with the terms of this addendum, shall remain in full force and effect. EMPLOYEE: Signature: Signed by: =OA4 M0A55C4BD... James R. True, City Attorney CITY OF ASPEN: Signature: Torre, Mayor —DocuSigned by: /C411� 3 2/20/2025 Date: � 4:54:50 PM 2/20/2025 � 4:54:50 PM Date: