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HomeMy WebLinkAbout1975-17 Appointment of the Special Town AttorneyRESOLUTION N0. 17 Series of ].975 A RESOLUTION FOR THE APPOINTMENT OF THE SPECIAL TOWDI ATTORNEY WHEREAS, the Charter of the Town of Vail, Colorado, Article VTI, Section 7,1, provides that the Town Council shall appoint a Town Attorney to serve at the pleasure of the council and prescribes the qualifications of the attorney and the duties of said position; WHEREAS, the Town Council of the Town of Vail, Colorado, hereinafter referred to as the "Town", initially appointed Gene A. Smith, Attorney at Law, to serve as Town Attorney on an interim basis under a Memorandum of Agreement dated the 13th day of December, 1973, and Gene A. Smith served in that capacity from the i4th day of December, 1973, thx'ough the 15th day of February, 1974; WHE~2EAS, on the 19th day of February, 1974, the Town Council adopted Resolution No. 3, Series of 1974, of the Town of Vail, Colorado, appointing Gene A. Smith as Town Attorney on a permanent basis far a term of ten and one-half months, from the 16th day of February, 1974, through the 31st day of becember, 1974, pursuant to the Employment Contract of Town Attorney dated the 15th day of February, 1974; WHEREAS, on the 3rd day of December. 1974, the Town Council adopted Resolution No. 25, Series of 1974, of the Town of Vail, Colorado, reappointing Gene A. Smith as Town Attorney for a term of one year. from the lst day of January, 1975, through the 31st day of December, 1975; WHEREAS, Gene A. Smith resigned on the 30th day of September, 1975, effective the 31st day of December, 1975, the end of his current term of office; Tow erk Re~l7, '1975 ~ Page 2 WHEREAS, due to the regular municipal election to be held on the 18th day of November, 1975, in which four of the seven council seats were at issue, the Town Council did not consider it appropriate to appoint a successor to Gene A. Smith as Town Attorney prior to said election; WHEREAS, since said election, in which three new members were elected to the Town Council, the council has not had sufficient time to determine the role of the Town Attorney in 1975 or to select a successor to the current Town Attorney; WHEREAS, to give the Town Council adequate time in which to determine the functions of the position and to select a qualified person to serve as the Town Attorney in 1976, the council has requested Gene A. Smith to continue to serve the Town as Special Town Attorney, including serving as acting Town Attorney until his successor is selected, for a term of two months, from the 1st day of January, 1976, through the 29th day of February, 1976; and WHEREAS, the Town Council considers that Gene A, Smith has served the Town as Town Attorney in a competent, diligent, and satisfactory manner since the 14th day of December, 1973, and finds it appropriate to appoint Gene A. Smith as Special Tawn Attorney for a term of two months as aforesaid, subject to the pleasure of the council, as set forth in the Employment Contract of Special Town Attorney dated the 16th day of December, 2975. NOW, THEREFORE, BF, IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Appointing Special Town Attorney". Tow erk e~w-~y ~ 17, 1975 Fage Section 2.Appointment;Employment Contract. The Town Council hereby appoints Gene A. Smith, Attorney at L,aw, as Special Town Attorney of the Town of Vail, Colorado, to serve the Town for a term of two months, from the 1st day of January, 1976, through the 29th day of February, 1976, pursuant to the Employment Contract of Special Town Attorney dated the 16th day of December, 1975, which is incorporated herein by reference and made a part hereof, and the Mayor is authorized to execute said contract on behalf of the Town on this date, the execution of which shall be attested to by the Town Manager and sealed by the Town Clerk with the Town seal. Section 3. Disposition of Employment Contract; Cer- tified Copy. The original executed Employment Contract of Special Town Attorney referred to in Section 2 hereof shall be recorded by the Town Clerk in the records of resolutions of the Town of Vail, Colorado, and the Town Clerk shall furnish a certified copy of said contract to Gene A. Smith, Special Town Attorney. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 16th day of December, 1975. ATTEST: L v J Town C~3~er Mayor EMPLOYMENT CONTRACT OF SPECIAL TOWN ATTORNEY THIS EMPLOYMENT CONTRACT, made this 16th day of December, 1975, by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town", and GENE A. SMITH, ATTORNEY AT LAW, here- inafter 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 Tawn Council has appointed and employed Attorney to serve as the Special Town Attorney o.f the Town for a term of two months, from the 1st day of January, 1976, through the 29th day of February, 1975, at a monthly salary of $2,291.67 to be paid semi-monthly without any tax or other deduction {except a voluntary contribution by Attorney to his interest in the Town pension plan). Section 2. Hours of Work; Compensatory Time Off. Attorney will be employed on a full-time basis of 40 hours per week, having normal working hours of 8:00 A.M. to 5:00 P.M. on Monday, Tuesday, Thursday, and Friday (or in the alternative Wednesday), and 8:00 A.M. to 12:00 Noon on Wednesday (or in the alternative Friday); it is recognized that Attorney must devote a considerable time outside his normal working hours to the business of the Town, and accordingly Attorney wi11 be allowed as a set-off to over- time work to take compensatory time off as he deems appropri- ate during said normal working hours; and overtime entitling Attorney to compensatory time off may be accumulated and utilized during any subsequent term of employment. Town Manager n ,Attorney s itract, 197_ ,pag Section 3. Rights and Duties of Employment. Attorney will endeavor to discharge his duties as Special Town Attorney, performing such duties as are pre- scribed by the Town Council, 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; Attorney at the request of the Town Council wi11 serve as acting Town Attorney until the appointment of his successor as Town Attorney. Section 4. No Conflicting Interests. Attorney will not engage 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. Section 5, Office facilities. The Town will furnish to Attorney a suitable office, office facilities, secretarial services, books, paper, mater- ials, and any other items reasonably requested by Attorney to enable him to function in a proper manner as the Special Town Attorney. Section 6, Annual Fee of Supreme Court of State of Colorado; Professional Dues and Subscriptions. Upon the request of Attorney the Town will pay the annual fee imposed on Attorney by the Supreme Court of the State of Colorado and the professional dues and subscriptions of Attorney necessary for his participation in national, regional, state, and local bar associations and other organizations which are desirable in his opinion for his continued professional participation, growth, and advance- ment or for the good of the Town. Town Manager Tc~ Attarney t .itract, 1975 ~ Page ~ ~ r Section 7. Discharge only for Cause; Severance Compensation. During the term of this contract the Town will dis- charge and remove Attorney from his position as Special Town Attorney only for cause, to-wit those reasons set forth in Article VII, Section 7.2(d) of the Charter of the Town; in the event of said discharge and removal, which shall require the adoption of a resolution, the Town will forth- with pay to Attorney severance compensation equivalent to his salary for a period of one-half month (or his salary for the remainder of the term if such is a lesser sum); and Attorney will be entitled to a continuation of his salary and said discharge and removal will not be effective until said severance compensation has been paid. Section 8. Resignation Only for Good Reason. Except for good reason Attorney will not resign from his position as Special Town Attorney during the term of this contract, and in the event of resignation Attarney will not be entitled to termination pay pursuant to Section 9 hereof. Section 9. Termination Pay. The Town will pay to Attorney termination pay of 500.00 upon the termination of the employment. Section 10. Contract Extension. By subsequent written agreement the parties hereto may extend the term of this contract for any period not to exceed two months without the adoption of a resolution. Section 11. Cooperation in Selection of a Successor. Attorney will cooperate with the Town in its selection of his successor as Town Attorney. Section 12. Continuation of Current Employment Contract. The current Employment Contract of Town Attorney dated the 3rd day of December, 1974, as amended by the Agreement Amending the Employment Contract of Town Attorney dated the Town Manager I'San Att.b,rney C ttract, 197 e Page• 4 +~: 30th day of September, 1975, wi11 continue in effect through the 31st day of December, 1975, and all provisions of said amended contract shall be implemented in accordance with said instruments. Section 13. Effective Date of Contract; Commencement Date for Contract Provisions. This contract will be effective upon its execution; the commencement date for the provisions herein will be the fist day of January, 1976. Section 14. Entire Agreement; Severability Provision. The provisions herein constitute the entire agreement between the parties for the term specified in Section 1 hereof and this contract is the only contract existing between the parties with respect to said term; if any provision, or any portion thereof, contained in this contract is held to be unconstitutional, invalid, or unenforceable by the final decision of a court of competent jurisdiction, the remainder of this contract, ar portion thereof, will be deemed severable, will not be affected, and will remain in full force and effect. Section 15. Express Authorization for 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 authorisation 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 WITN~:SS WHEREOF, the parties hereto have affixed their hands on the date first above written. ATTEST: f • ell finger, Town h2anager TOWN SEAL TOWN OF VAIL, COLORADO By: o n A. Dobson, Mayor r the Tawn Ca cif GEN~}A~ SMI H, V ATTORNEY AT L