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Home My WebLink About1974-03 Appointment of the Town AttorneyRESOLUTION N0, 3, Series of 1974 A RESOLUTION FOR THE APPOINTA~ENT OF TI-IE TOWN ATTORNEY WHEREAS, the Charter of the Town o.f Vail, Colorado,Article VII, Section 7.l,provides that the Town Council shall appoint a Town Attorney to serve at the pleasure of the council and prescribes the qualifications and duties of the attorney; WHEREAS, the Town Council of the Tawn of Vail., Col- orado, hereinafter referred to as the "Town", previously appointed Gene A, Smith, Attorney at Law, to serve as Town Attorney on an interim basl.s ur7der ~~ Tlemorandum o.f Agreement dated the 13th day of December, 1973; and WHEREAS, Gene A. Smith has served the Town as the Town Attorney since the 14th day of December, 1.973, the Town Council has found his services to be satisfactory during the interim appaintment, and the council considers that said attorney is qualified to serve as Town Attorney on a permanent basis, subject to the pleasure of the Co1L1nG ~.1 ~ NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FDLLOWS: Section 1. Title. This resolution shall be known as the "Resolution for the Appointment of Town Attorney", Section 2. Appointment and employment, The Town Council hereby appoints (;ene A. Smith, Attorney at Law, to serve as Town Attorney of the To~vn for a term of ten and one-half months, from the 16th day of February, 1974, through the 31st day of December, 1974, pursuant to the Employment Contract off' Town Attorney dated the 15th day of February, 1.974, a copy of which is attached hereto and made a part hereof, and the A7ayor is authorized to execute an this date said contract, the execution of which shall be attested to by the Town PTanager and sealed by the Town G1erk. Section 3. Effective date. This resolution shall take effect upon the passage hereof, INTRODUCED, READ, APPROVED, AND ENACTED, this 19th day of February, 1974. ATTEST: Town C 1 e~/~c / 2 ~~ Agayo r r EMPLOYMENT CONTraCT o~ TowN ATTORNEY THIS EMPLOYMENT CONTRACT, made this i5th day of February, 1971, by and between the TOWN OF VAIL., COLORADO, a municipal corporation, h~reinaftc~r referred to as the "Town", and GENE A .SMITH, ATTU!•=~'NEY AT LAW, hereinafter referred to as "Attorney", WITNESSETH: Section 1. Appointment and employment; term; salary. Pursuant to the Charter of the Town of Vail, Colorado, Article VII, Section 7.1, the Town acting through the Town Council has appointed and em-~ ployed Attorney to serve as the Town Attorney of the Town for a term of ten and one--half months, from the lath day of February, 197A, through the 3ist day of December, 1974, at a.~monthly salary of $2,083,33 to be. paid semi--monthly. Section 2 . Hours of work; compensatory ti i~ne off . Attorney wil! be employed on a ful!-time basis of ~l0 hours per week, having normal working hours of 9:~0 A.M, to 5:00 >='.N1., A.honday through Friday; Lt is recognized that Attorney must elevate a considerable tine outside his normal working hours to t1~e business cf the Town, and accordingly Attorney wil! be allowed to take compensatory time off as he deems appropriate during said normal working hours . A Section 3. Rights and duties oP employment. Attorney will endeavor to discharge his duties a:- Town Attorney as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a competent and professional manner and in general Attorney will have all the employment rights and obligations of the other employees of the Town. Section 4. No conf=licting interests . Attorney will noi: Engac-e in any private practice of law nor have any other business interests which would in any appreciable manner interfere with his capacity as a Town employee or occasion any conflict of interest relative to his employment by the Town. i Section 5. Office facilities. The Town will furnish to AL-tnrriey a suitable oFFice, office facilities, secretarial services, banks, paper, materials, and any other items reasonably requested by Attorney to ehable him to Function in a proper manner as the Town Attorney. Section 6. Professional dues and subscriptions. Upon the request of Attorney the Town will pay the professional dues and subscriptions of At~arney necessary for his participation in national, regional, states, and local associations and organisations which are desirable in his opinion far his continued professional participation, growth, and advancement and for the good of the Town. Section 7. Professional ciavc:iapment. The Town will pay for seminars, institutes, lectures, meetings, short courses, bonks, and literature, and the travel and subsistence expenses related thereto, which Attorney deems desirable for his continued pl^ofessic~nal development and far the good of the Town; provided, however, that Attorney will first explain his reasons fo1^ requesting approval of the aForesaid n-~atters and obtain the permission of tl7e Town Council therefor, which permission will not be unreasonably withheld . Section 8. Discharge only for cause; severance compensation. During the term of this contract the Town will discharge and remove Attorney from his position as Town Attorney only for cause, to-wit those reasons set forth in Article Vli, Section 7.2(d) of the Charter of the Town, and in the event of said discharge and removal will forthwith pay to Attorney severance compensation egtiiv~alent to his salary for a period of three months. Section 9, resignation only for good reason; termination pay. Exczpt for good reason Attorney will not resign from his position as Town Attorney during the term of this contract, and in the event of resignation for good reason the Town will pay termination pay egtaivalent to his salary for a period of one month, upon the termination of the employment. t Section t0. Additional term, Assuming the parties remain mutually satisfied with this employment, at the time of the expiration of the term of this contract the parties contemplate that Attorney wit! continue to serve the Town as the Town Attorney for an additional term of twelve months, from the lst day of January, 1975, through the 3lst day of December, 1975; in the event the Town does not intend to reappoint Attorney for said additional term or Attorney does not intend to seek or accept said reappointment said party will deliver written notice to that effect~to the other party on or before the ~Oth day of September, 1974; unless the aforesaid notice is delivered, this contract will be extended for an additions! term of twelve months as aforesaid on the same terms and conditions as herein provided, except for the monthly salary specified in paragraph l hereof; the monthly salary for said additional term will be increased by not less than l0% nor more than 20%, Bald increase to be agreed upon by the parties; and s contract for said additional term will, be executed by the parties in the interim between the lst day of October, 1974, and the 3lst day of December, 1974. Section 1!. Termination pay after notice. In the event notice of nonreappointment or nonacceptance of re- appointment is delivered by the 30tf~ day of September, 1974, pursuant to paragraph l0 hereof, the Town will pay to Attorney termination pay equivalent to his salary For a period of one month,upon the termination of theemplayment. Section l2. Cooperation in selection of successor. Tn the event Attorney resigns For good cause or gives notice that he does not intend to seek or accept reappointment he will cooperate with the Town in its selection of his successor. Section l3. Entire agreerr3ent; severabiLity provision. The provisions hereof constitute the entire agreement between the parties and this contract is now the only contract existing between the parties and supersedes all previots contracts; if any provision, or any portion thereof, contained in this contract is hold to be uncons'_itutional, invaiid, or unenforceable by the final decision of a court of competent jurisdiction, the remainder of this contract, or portion thereof, will be deemed severahle, will not be aFFected, and wt[[ remain in ful[ fiorrc, anti c:fi'ect. t... ~ .. 5ectian l4. Express authorization far contract execution. This contract has been entered into by the Town at the direction of the Town Council, has been executed by the Mayor with the express authorization of the Town Council, the execution hereof has been attested to by the Town Manager, and the Town seal has been affixed hereto by the Town Clerk upon the execution hereof. IN WITNESS WHEREOF, the parties hereto have affixed their hands on the date first above written. TOWN OF VAIL , COLORADO BY ohn A . Da~son, Mayor,, '~ For the `f own Cou nci l 1~.,, ..~~ GENC A , SMITH, ATTORNEY AT W ATTEST; Terrell J. ger, Town Manager TOWN SEAL; r Rosalie Jeffrey, U Town Clerk r z a 1 I 1 r , ~ f ~ ~'• CERm1FZC?lTE OF D:~SPOS~T~O~I OF RESOLLTI(J~I IT IS IILItLTaX GE.R'~~F1L;D ~ur_suant to the Charter o~ the own of Vail., Goloracin, ~rticZc ~Z°, Section 4.6, that P,eso~.ution No. ~ , Series of i97~, to tine nri~inaJ. of which this cr-.rti~icate is a~~i~ced, was duly adopted by the iown~ Council. at its recuJ.ar aneetinr• on the fq~day o~ ~ , 197, its aaopti on was authenticated by the signatures .of the ~Zayor and t~?e morn Clerk, anti accordinc~l~y on the date hereof said resolutici2 was duly recorded in the oGta.cry ai records o-~ res- olutio~is c~ the To.•rn os Vail, Coiorac?o. bAsES : Val i , Co~.orado, this ao2~ '" day of '~ , Z9 7 ~ . fl4rn C /