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Home My WebLink Aboutresolution.council.033-25RESOLUTION N0.33 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPOINTING KATHARINE A. JOHNSON AS THE CITY ATTORNEY OF THE CITY OF ASPEN, APPROVING AN EMPLOYMENT CONTRACT BETWEEN KATHARINE A. JOHNSON AND THE CITY OF ASPEN FOR SERVICES AS THE CITY ATTORNEY, 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, and WHEREAS, following the announcement by James R. True of his upcoming retirement as the City Attorney for the City of Aspen, the City Council directed staff to post the position for internal applications; and WHEREAS, Katharine Johnson has served as an Assistant City Attorney since October of 2020 and applied for the position of city attorney; and WHEREAS, based upon the results of the application process and following an interview of the candidate, City Council pursued negotiations with Katharine A. Johnson for appointment as the city attorney, and WHEREAS, following negotiations, a proposed employment contract was drafted and has been submitted to the City Council for the appointment of Katharine A. Johnson as City Attorney for the City of Aspen, a true and accurate copy of which is attached hereto as "Exhibit All, 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 appoints Katharine A. Johnson as the City Attorney for the City of Aspen effective March 9, 2025, approves the Employment Contract by and between Katharine A. Johnson and the 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 25� day of February, 2025. Torre, Mayor I, Nicole Henning, City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Coun ' of the City of Aspen, Colorado, at a meeting held on the day herein above stated. e Nicole Henning, City C1 Docusign Envelope ID: 867CF831-32D3-461C-A7F1-OF94DE36268A EMPLOYMENT CONTRACT ASPEN CITY ATTORNEY This contract is made and entered into as of this 25th day of February 2025 between the City -of Aspen ("City") and Katharine A. Johnson ("Johnson" or "Employee"), RECITALS The City Council desires to appoint Johnson as the City Attorney as that position is defined in the Colorado Revised Statutes and the Charter of the City of Aspen, and; Johnson has accepted this associated thereto, as those duties Council, from time to time. offer of employment with all of the duties and obligations and obligations may be changed or amended by the City 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. l . Scope of Duties..Johnson will serve as City Attorney, and be responsible as chief legal counsel to the City. Johnson 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 one year commencing on March 9, 2025. Prior to the date of March 9 of each year of this contract and for each year the contract is renewed, it is the intention of the parties to review Johnson's performance in terms of successful completion of City Council directives, defense of the City Council 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 adjustment to terms or compensation shall be reduced to writing and attached herein as an addendum to this Agreement and be fully executed by the 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. Johnson shall receive a salary of $245,000 per year effective March 9, 2025. This compensation shall be paid in the same manner as any other City employee as provided for in the City Policy Manual, or its successor document, as that document may be modified from time to time. Docusign Envelope ID: 867CF831-32D3-461C-A7F1-OF94DE36268A B. Benefits. Johnson will receive all benefits contained within the City of Aspen Policy Manual, or its successor document, consistent with other City employees. 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 material breach of the terms and conditions of this Agreement, unsatisfactory performance of the 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. The hearing may be in an open session at Employee's option. Employee may, at her sole discretion, be accompanied by legal counsel at any hearing, and shall pay her 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. within the first six (6) months of the Agreement, Employee shall have the option to remain employed with the City as an Assistant City Attorney under the same compensation rate that Employee was entitled to prior to the commencement of this Agreement. In the event that Employee is terminated pursuant to this Section 4.D., after the first six (6) months of this Agreement, Employee shall be entitled to severance in an amount equivalent of six (6) months' salary at her 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 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 her duties by Docusign Envelope ID: 867CF831-32D3-461C-A7F1-OF94DE36268A reason of illness, accident, or other causes beyond her control and such disability exists for a period of more than one month, the City man, 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 a 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 her position with reasonable accommodation impossible, the City may, in the discretion of the City Council, terminate this Agreement. 6. condition. Assignability. This contract is not assignable by either party under any 7. Annual Appropriations. The financial obligations of the City Council contained in this contract are subject to annual appropriation of funds by the City Council acting in its governmental capacity. 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 County District Court for the State of Colorado. 9. Attorneys Fees. In the event legal action is necessary to enforce or interpret any oI the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such j he udgment shall not affect, impair, or invalidate e remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. City of Aspen: DocuSigned by: A30F087�EG7Fd6F_ Mayor Torre City Attorney: