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