CONTRACT FOR JUDICIAL SERVICES

Transcription

1 CONTRACT FOR JUDICIAL SERVICES This Contract entered into November 7, 2017, between the City of Laramie, Wyoming, a Wyoming municipal corporation ("City"), and Dona Playton ( Playton ). In consideration of the mutual promises in this Contract, the parties agree as follows: 1. Purpose of Contract. The purpose of this Contract is to retain the judicial services of Playton to act as Municipal Judge and preside over the City Municipal Court. While the City oversees the Municipal Court, both parties recognize the right and duty of Playton to exercise independent judgment and discretion in the rendering of judicial services to the City Municipal Court. 2. Term of Contract. 2.1 Two Year Term Unless terminated earlier by either party pursuant to the terms of this Contract, the parties obligations under this Contract shall commence on November 13, 2017, and shall automatically terminate on November 13, Early Termination By Playton Playton may terminate this Contract before November 13, 2019, at any time, for any reason or for no reason, by giving 30 days written notice to the City. The parties obligations under this Contract terminate 30 days after Playton delivers that written notice. 2.3 Early Termination By City Playton agrees she serves at the pleasure of the City Council of the City. The City Council may terminate this Contract before November 13, 2019, at any time, for any reason or for no reason, upon 30 days written notice to Playton. The City Council may terminate this Contract immediately and without notice, if Playton materially breaches this Contract. 3. Compensation and Benefits to Playton 3.1 Salary The City shall pay Playton a salary of $55,000 per year for her services under this Contract. The parties agree Playton is an exempt employee under the FLSA and therefore not eligible for overtime. Playton s salary will be paid in installments at the same time as other employees of the City are paid. City will make normal, required withholdings from Playton s salary. 3.2 Health Insurance Playton may elect to participate in the City Employees Group Insurance Program. If

2 Playton elects to participate in that program, Playton s participation will be under the same terms and conditions as other City employees. 3.3 Retirement Benefits Playton may elect to participate in the Wyoming Retirement System, if Playton qualifies under the Wyoming Retirement System's internal rules. If Playton elects to participate, and qualifies, Playton s participation in the Wyoming Retirement System shall be under the same terms and conditions as all other City employees. 3.4 Disability Benefits City shall provide Playton the same disability benefits as all other City employees. Playton may elect additional coverage, on the same terms as other City employees, at Playton s own cost, which cost will be deducted from Playton s salary. 3.5 Life Insurance City will provide life insurance coverage to Playton in the amount of $100,000. The type and terms of the policy will be the same as that provided to all other City employees. If Playton elects additional coverage for any dependents, that other coverage will be at Playton s own cost, which cost will be deducted from Playton s salary. 3.6 Deferred Compensation Playton may elect to enroll in one or more 457 Deferred Compensation Retirement Plan(s). Any contributions made by Playton to the plan(s) and all related premiums will be deducted from Playton s salary. 3.7 Vacation and Sick Leave Playton will be credited with 40 hours of vacation leave when this Contract begins, and will thereafter accrue vacation time at one-half the rate of a 6-to-10 year employee. Playton will accrue sick leave at one-half the rate of other City Employees. Maximum leave accruable, forfeit of leave when not used, payment or non-payment of leave upon termination of this Contract, and all other matters regarding such leave, will be governed by the policies applicable to all other City employees. 3.8 Military Leave Playton will be entitled to military reserve leave pursuant to Federal or State Law, and City policy for all other employees. 3.9 Exempt Leave

3 Playton is an exempt employee, and will receive 20 hours of exempt leave each fiscal year, and unused exempt leave will be forfeited at the end of each fiscal year Wyoming State Bar Annual Dues City will pay or reimburse Playton for payment of her annual licensing dues to the Wyoming State Bar Wyoming Association of Municipal Judges Playton will maintain active membership in the Wyoming Association of Municipal Judges, and City will pay her annual membership fee and will pay her reasonable expenses to attend its yearly meeting Reimbursable Expenses If Playton is required to travel to perform her duties as Municipal Judge, City will reimburse her for her reasonable expenses on the same terms as other City employees are reimbursed Cell Phone If Playton chooses to use her cell phone for City business under this Contract, Playton will receive a monthly cell phone stipend under the same terms as other City employees. 4. Playton s Obligations as Municipal Judge 4.1 Hours of Work and Court Operation Playton agrees to work an average of at least 20 hours per week, over at least 4 days per week. The hours for Municipal Court shall be set during regular working hours of City Hall. Playton also agrees she may be required to perform her obligations at unusual hours, and weekends and holidays. These obligations include, but are not limited to, handling calls from law enforcement relating to search warrants or other emergent matters. 4.2 Maintaining License to Practice Law in Wyoming Playton shall maintain her license to practice law in Wyoming, and fulfill all other professional licensing requirements to allow her to perform her obligations under this Contract. 4.3 General Obligations as Municipal Judge Playton shall ethically and consistent with the highest standards of legal and judicial practices, exercise all powers and jurisdiction granted a Municipal Judge by Wyoming

4 statutes or the Laramie City Code, preside over Laramie City Municipal Court, ensure the fair, prompt, and orderly administration of all matters brought before the Municipal Court, and without limiting the foregoing, shall: Exercise jurisdiction over all matters arising under City ordinances to the fullest extent allowed by law, including hearing and determining violations of those ordinances, and imposing punishments, fines, costs, or other relief consistent with City ordinances and state statutes Maintain an orderly calendar and schedule for all matters before the Municipal Court, from initial appearances or arraignments through final disposition, and preside over all hearings or events involved in those matters Exercise all powers of a judge, to the fullest extent allowed by law, incidental and necessary to the matters brought before the Municipal Court, including but not limited to issuing search warrants, issuing bench warrants, subpoenas and other process, and enforcing obedience of all orders, judgments and rules of the Municipal Court Impose, administer, set schedules for, and manage all aspects of, including forfeitures, of appearance bonds or other sureties common or necessary for the matters brought before the Municipal Court Remain informed of all federal or state law, and City ordinances, which have bearing on either the substance or procedure of matters brought before the Municipal Court Develop and enforce rules of practice in the Municipal Court which are consistent with rules of practice in Wyoming state courts, except as they should be modified for the circumstances of the Municipal Court Comply with the Wyoming Canons of Judicial Ethics, and all other ethical rules governing lawyers and judges Ensure that all fines, penalties, or other monies collected by the Municipal Court are submitted each day to the Administrative Director s office Make recommendations to City Council for the appointment of pro tem judges/magistrates who will serve in the event Playton is not available While Municipal Court support personnel are employed by the City and managed by the City Manager through the Administrative Director, Playton shall: Assist generally in providing oversight to court support personnel

5 to ensure efficient operation of the Municipal Court Ensure that a monthly report is generated to City Council and Administrative Director's Office of all cases for violations of City ordinances instituted in Municipal Court, and the disposition thereof with a statement of the fines, penalties and costs received Conduct meetings as necessary with court support personnel, City management, or City Council committees regarding operational issues of the Municipal Court Cooperate with Court Administrator in developing plans to improve processes in Municipal Court. 4.4 Private Practice of Law Generally Except as restricted by Paragraphs 4.5 of this Contract, Playton may engage in the private practice of law. If Playton s private practice of law or her future professional affiliations are likely to cause either a conflict or the appearance of a conflict with her duties under this Contract, the City, or City personnel, Playton will communicate in advance with Council about such matters, with the goal of informing Council about those activities and reaching consensus about those activities. 4.5 Private Practice Of Criminal Defense In Albany County Playton shall not personally enter an appearance, sign or file documents, or appear in criminal court hearings or criminal court events of any kind, on behalf of a defendant in a criminal case pending in the Circuit or District Court of Albany County. This paragraph does not prevent Playton from representing in a civil, juvenile, or family law matter or giving legal advice to any person who is, or may become, a defendant in a criminal case in Albany County. 4.6 Outside Activities Playton may engage in outside remunerative activities, including but not limited to teaching, writing, or consulting, to the extent those activities do not interfere with her obligations under this Contract or create conflicts of interest. 5. Other Obligations 5.1 Courtroom, Staff, Materials City will provide Playton with a courtroom, personnel support for court operations, office space, supplies, materials, judicial robe, and a legal library consisting of an electronic version of Laramie Municipal Code, a set of Wyoming Statutes, computerized legal research, and other any other treatise approved by City Council.

6 5.2 Bond City will provide Playton a blanket position bond pursuant to LMC of not less than $10,000 conditioned on the performance of her duties under this Contract and all her other duties under the law. 5.3 Pro Tem Municipal Judges City will pay for pro tem Municipal judges to preside over Municipal Court when Playton is unavailable due to vacation leave, sick leave, exempt leave, judicial education commitments, or conflicts of interest involving her family members, or arising from her professional activities before November 13, Playton shall give reasonable notice to the City of the need to arrange for a pro tem judge in these circumstances In those cases where Playton cannot preside in a matter because of conflicts arising from her relationships other than family, or from her professional activities or affiliations after November 13, 2017, City reserves the right to charge Playton, by direct billing or deductions from her accrued leave time or deduction from her salary, for the costs of a pro tem Municipal judge. Pro tem Municipal judges will be compensated at between $60 and $100 per hour. 5.4 Performance Evaluation City Council shall conduct a yearly evaluation of Playton s performance under this Contract. City Council may also meet with Playton at such other times it chooses to review her performance or general court operations. 6. General Provisions 6.1 Amendments. This Contract can only be amended in a separate written document which specifically states it is amending or altering this Contract, and which document is signed by both parties. 6.2 Applicable Law/Venue. All matters regarding this Contract shall be governed by the laws of Wyoming. The venue for any dispute involving this Contract shall be the Second Judicial District, Albany County, Wyoming. 6.3 Assignment/Contract Not Used as Collateral. Neither party shall assign or transfer any or the rights or delegate any of the duties in this Contract without the prior written consent of the other party. Playton shall not use this Contract as collateral for any financial obligation.

7 6.4 Entirety of Contract. This Contract represents the entire agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. 6.5 Kickbacks Playton warrants that no gratuities, kickbacks or contingency fees were paid in connection with this Contract, nor were any fees, commissions, gifts, or other considerations made contingent upon the award of this Contract. 6.6 Notices N o t i c e s r e q u i r e d o r a r i s i n g u n d e r t h i s Contract shall be in writing and given to the parties either by regular mail, facsimile, or delivery in person. 6.7 Ownership of Work Product All documents, reports, records, creations, or materials resulting from Playton s performance of this Contract are the property of the City. 6.8 Sovereign Immunity City does not waive its sovereign immunity by entering this Contract, and specifically retains all immunity and defenses available to it as a sovereign. 6.9 Nondiscrimination In the performance of her duties under this Contract, Playton shall comply with all federal and state laws, and Laramie Municipal Code, regarding prohibited discrimination Liability and Indemnification City does not insure, defend, or indemnify Playton against or from any kind of claim arising out of Playton s activities outside the performance of her obligations under this Contract, including but not limited to those arising out of her private practice of law Waiver The waiver or tolerance of any breach of this Contract is not a waiver of any future breach. AGREE TO BY: CITY OF LARAMIE: By: Andi Summerville, Mayor Attest: Angie Johnson, City Clerk Dated: Dated: DONA PLAYTON: Dated: