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HomeMy WebLinkAbout1974-25 Reappointment of the Town AttorneyRESOLUTTON NO. 25 Series of 1974 A RESOLUTION FOR THE REAPPOINTMENT OF THE TOWN ATTORNEY WHEREAS, the Charter of the Town of Vail, Colorado, Article VII, Section 7.1, provides that the Tawn 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, Colo- rado, 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 14th day of December, 3.973, through the 15th day of February, 1974; WHEREAS, 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 Tawn Attorney on a permanent basis 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 of Town Attorney dated the 15th day of February, 1974; 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 reappoint Gene A. Smith as Town Attorney through 1975, subject to the pleasure of the Council as set forth in the contract of employment for said period; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Tow erk Res. 25, 1974 Section 1, Title. Page 2 This resolution shall be known as the "Resolution Reappointing Town Attorney". Section 2, Reappointment; Employment Contract. The Town Council hereby reappoints Gene A. Smith, Attorney at Law, as Town Attorney of the Town of Vail, Co1o- rada, to serve the Town for a further term, to-wit twelve months, from the 1st day of January, 1975, through the 31st day of December, 1975, pursuant to the Employment Contract of Town Attorney dated the 3rd day of December, 1974, a copy of which is attached hereto 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 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, Town Attorney. Section 4. Effective Date. This resolution shall take effect upon its adoption. INTRODUCED, READ, APPROVED, AND ADOPTED, this 3rd day of December, 1974, ATTEST: Town e / e EhiPLOYhiEN'I' CONTRACT OF TOWN ATTORNEY THIS EMPLOYn3ENT CONTRACT, made this 3rd day of December, 1974, by and between the TOZYN OF VAIL, COLORADO, a municipal corporation, hereinafter referred to as the Town1°, and GENE A. SMITH, ATTORNEY AT LAjti', hereinafter referred to as '`Attorney", WITNESSTH: Section 1. Reappointment and Employment; Term; Salary. Pursuant to the Charter of the Town of Vail, Colo- rado, Article VII, Section 7.1, the Town acting through the Town Council has reappointed and employed Attorney to serve as the Town Attorney of the Tawn for a further term, to--wit twelve months, from the 1st day of January, 1975, through the 31st day of December, 1975, at a monthly salary of 2,291.67 to be paid semi-monthly. Section 2. Hours of j9ork; 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.hi. to 5:00 P.M. an Monday, Tuesday, Thursday, and Friday, and 8:00 A.M. to 12:00 Noon on Wednesday; it is recognized that Attorney must devote a considerable time outside his normal working hours to the business of the Town, and accordingly Attorney will be allowed to take compensatory time off as he deems appropriate during said normal working hours; and over- time entitling Attorney to compensatory time off may be accu-- mutated and utilized during any subsequent term of employment. Section 3. Rights and Duties of Employment. Attorney will endeavor to discharge his duties as Town Attorney as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a compe-- tent and professional manner and in general Attorney will have Ta~vn Manager Town Attorney Contract, 175 Page 2 all the employment rights and obli~~..t.ions of the other employ~- ees o~ the Town. 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 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 i'ee 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 organi- zations which are desirable in his opinion for his continued professional participation, growth, and advancement and for the good of the Town. Section 7.Professional Development. The Town will pay for seminars, institutes, lectures, meetings, short courses, books, and literature, and the travel and subsistence expenses related thereto, which Attorney deems desirable for his continued professional development and for the good of the Tawn; ordinarily Attorney will attend the annual meeting of the American Bar Association; provided, however, that Attorney will first explain his reasons far requesting appro- val of the aforesaid matters and obtain the permission of the Town Manager i Totvn Attorney Contract, 1975 Page 3 To~im Council. therefor, which permission will not be unrea- sonably withheld. Section $. Discharge Only for Cause; Severance Compensation. During the term of this contract the Town will discharge and remove Attorney from his position as Town Attor- ney 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, the Town will forthwith pay to Attorney severance compensation equivalent to his salary for a period of three months; and Attorney wall 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 9. Resignation Only for Good Reason; Termi-- nation Pay. Except for good reason Attorney «~ill 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 equivalent to his salary for a period of one month upon the termination of the employment. SPCtion 10. 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 will con-- time to serve the Town as the Town Attorney for an additional term of twelve months, from the 1st day of January, 1976, through the 31st day of December, 1976; in the event the Town does not intend to reappoint Attorney far said additional term or Attorney does not intend to seek or accept said reappoint- ment said party will deliver written notice to that effect to the other party on or before the 3Dth day of September, 1975; unless the aforesaid notice is delivered, this contract will Town Manager Town Attorney Contract, 1975 Page 4 be extended for an additional term of twelve months as afore- said on the same terms and conditions as herein provided, except for the monthly salary specified in Section 1 hereof; the monthly salary for said additional term tvill be increased in a reasonable amount, said salary increase to be negotiated and agreed upon by the parties; and a contract far said addi- tional term will be executed by the parties in the interim between the lst day of October, 1975, and the 31st day of December, 1975. Section 11. Termination Pay After Notice. In the event notice of nonreappointment or+nonaccep- tance of reappointment is delivered by the 30th day of Septem- ber, 1975, pursuant to Section 1Q: hereof, the Town wi11 pay to Attorney termination pay equivalent to his salary far a period of one month upon the termination of the employment. Section 12. Cooperation in Selection of Successor. In the event Attorney resigns for good cause or gives notice that he does not intend to seek or accept reappoint-- ment he will cooperate with the Town in its selection of his successor. Section 13. Continuation of Current Employment Contract. The current Employment Contract of Town Attorney dated the 15th day of February, 1974, will continue in effect through the 31st day of December, 1974. Section 14. Effective Date of Contract; Commencement Date for Contract Provisions. This contract wi11 be effective upon its execution in accordance with Section 1G hereof; and the commencement date fox the provisions herein will be the 1st day of January, 1975. Section 15. 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 Town Manager Town Attorney Contract, 1975 Page 5 parties and supersedes all previous contracts with respect to said term; if any provision, or any portion thereof, con- tained 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, or portion thereof, will be deemed severable, will not be affected, and will remain in full force and effect. Section 16. 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 authorization of the Town Council, the execution hereof has been attested to by the Totvn 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 ATTEST: Terrell J . h~ingex , Town Manager TOWN SEAL: Rosalie Jeffrey, Town Clerk By: Jahn A. Dobson, I~fayor, for the Town Council GENE A. SMITH, ATTORNEY AT LAiV l EMPLOYMENT CONTRACT OF TOWN ATTORNEY THIS EMPLOYMENT CONTRACT, made this 3rd day of December, 1974, by and between the TOWN OF VAiL, COLORADO, a municipal corporation, hereinafter referred to as the Town", and GENE A. SMITH, ATTORNEY AT LAW, hereinafter referred to as "Attorney", WITNESSTH: Section 1. Reappointment and Employment; Term; Salary. Pursuant to the Charter of the Town of Vail, Colo- rado, Article VII, Section 7.1, the Town acting through the Town Council has reappointed and employed Attorney to serve as the Town Attorney of the Town for a further term, to-wit twelve months, from the 1st day of January, 1975, through the 31st day of December, 1975, at a monthly salary of 2,291.67 to be paid semi-monthly. 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, and 8:00 A.M. to 12:00 Noon on Wednesday; it is recognized that Attorney must devote a considerable time outside his normal working hours to the business of the Town, and accordingly Attorney will be allowed to take compensatory time off as he deems appropriate during said normal working hours; and over- time entitling Attorney to compensatory time off may be accu-- mutated and utilized during any subsequent term of employment. Section 3. Rights and Duties of Employment. Attorney will endeavor to discharge his duties as Town Attorney as specified in the aforesaid section of the Charter of the Town to the best of his ability and in a compe- tent and professional manner and in general Attorney will have Town Manager Town Attorney Contract, 1975 Page 2 all the employment rights and obligations of the other employ- eel of the Town. 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 Tawn 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 impaled an 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 organi- zations which are desirable in his opinion for his continued professional participation, growth, and advancement and for the goad of the Town. Section 7. Professional Development. The Town will pay for seminars, institutes, lectures, meetings, short courses, books, and literature, and the travel and subsistence expenses related thereto, which Attorney deems desirable for his continued professional development and for the good of the Town; ordinarily Attorney will attend the annual meeting of the American Bar Association; provided, however, that Attorney will first explain his reasons for requesting appro- val of the aforesaid matters and obtain the permission of the Town A2anager w ,~ Town Attorney Contract, 1975 Page 3 Town Council therefor, which permission will not be unrea- sonably 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 Attor- ney 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, the Town will forthwith pay to Attorney severance compensation equivalent to his salary for a period of three months; 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 9. Resignation Only for Good Reason; Termi-- nation Pay. Except 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 goad reason the Town will pay termination pay equivalent to his salary for a period of one month upon the termination of the employment. Section 10. 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 will con- tinue to serve the Town as the Town Attorney for an additional term of twelve months, from the 1st day of January, 1976, through the 31st day of December, 1976; 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 reappoint- ment said party will deliver written notice to that effect to the other party on or before the 30th day of September, 1975; unless the aforesaid notice is delivered, this contract will Town Manager Town Attorney Contract, 1975 Page 4 be extended for an additional term of twelve months as afore- said on the same terms and conditions as herein provided, except for the monthly salary specified in Section 1 hereof; the monthly salary for said additional term will be increased in a reasonable amount, said salary increase to be negotiated and agreed upon by the parties; and a contract for said addi- tional term will be executed by the parties in the interim between the 1st day of October, 1975, and the 31st day of December, 1975. Section 11. Termination Pay After Notice. In the event notice of nonreappointment or nonaccep- tance of reappointment is delivered by the 30th day of Septem- ber, 1975, pursuant to Section 1Q hereof, the Town will pay to Attorney termination pay equivalent to his salary for a period of one month upon the termination of the employment. Section 12. Cooperation in Selection of Successor. Fn the event Attorney resigns for goad cause or gives notice that he does not intend to seek or accept reappoint- ment he will cooperate with the Town in its selection. of his successor. Section 13. Continuation of Current Employment Contract. The current Employment Contract of Tawn Attorney dated the 15th day of February, 1974, will continue in effect through the 31st day of December, 1974. Section 14. Effective Date of Contract; Commencement Date for Contract Provisions. This contract will be effective upon its execution in accordance with Section 16 hereof; and the commencement date for the provisions herein will be the 1st day of January, 1975. Section 15. 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 To~ anager Town Attorney Contract, 1975 Page 5 parties and supersedes all previous contracts with respect to said term; if any provision, or any portion thereof, con- tained 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, or portion thereof, will be deemed severable, will not be affected, and will remain in full force and effect. Section 16. 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 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 : f~~ o n A. Dobson, Mayor, r the Town Council GENE`"A . SMITH , ATTORNEY AT LAW ATTEST: Terr 11 J. zn~ a Town Manage TOWN SEAL: Rosa ie dzffrey, Town C1e.rk