Agenda Item - 2024-07-16 - Number 06.3 - Resolution 24-22, Approving a Municipal Judge Employment Agreement 6.3
O
F �s� COUNCIL REPORT
CIA2)
Subject: Resolution 24-22, Authorizing the Mayor to Execute a Municipal Judge Employment
Agreement
Meeting Date: July 16, 2024 Staff Member: Megan Phelan, Assistant City Manager
Report Date: July 5, 2024 Department: City Manager's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑X Resolution ❑X Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Approve Resolution 24-22, authorizing the Mayor to execute a
Municipal Judge employment agreement
Recommended Language for Motion: Move to adopt Resolution 24-22.
Project/ Issue Relates To: None
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑S Not Applicable
ISSUE BEFORE COUNCIL
Should the City Council authorize the Mayor to execute a Municipal Judge employment
agreement?
BACKGROUND
After conducting a recruitment for the Municipal Judge position, the City Council has identified
a final candidate with the experience, knowledge, and skills to provide superior service in this
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
position. The parties have reached agreement on an employment contract, attached as
Exhibit 1 of Resolution 24-22.
RECOMMENDATION
Approve Resolution 24-22 authorizing the Mayor to execute a Municipal Judge employment
agreement.
ATTACHMENTS
1. Resolution 24-22, with Exhibit 1
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 24-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE MAYOR TO
EXECUTE A MUNICIPAL JUDGE EMPLOYMENT AGREEMENT.
WHEREAS,the City Council has conducted a recruitment for the position of Municipal Judge; and
WHEREAS,the City Council has identified a candidate with the experience, knowledge, and skills to provide
superior service as Municipal Judge;
NOW THEREFORE, BE IT RESOLVED,that:
1. The Mayor is authorized to execute an Employment Agreement,substantially in the form
attached as Exhibit 1, hiring Cierra Brown to serve as Municipal Judge for the City of Lake
Oswego,with the term of office to begin on July 31, 2024;
2. This resolution shall take effect upon passage.
Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the
16th day of July, 2024.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Ellen Osoinach, City Attorney
EXHIBIT 1
MUNICIPAL JUDGE EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT("AGREEMENT") is made and entered into this 16th day
of July,2024 by and between the City of Lake Oswego, Oregon("City"), and Cierra Brown
("Employee").
Recitals
WHEREAS,the City desires to employ Employee as the Municipal Judge of the City of Lake
Oswego; and
WHEREAS,Employee desires to accept the position of Municipal Judge of the City of Lake
Oswego.
Agreement
NOW THEREFORE,in consideration of the mutual promises contained herein,the parties hereto
agree as follows:
1. Employment
A. General.
Employee is hereby employed by the City as the Municipal Judge of the City of Lake
Oswego, Oregon. Employee accepts this position on the terms and conditions set forth below.
B. Effective Date.
The effective date for commencement of employment is July 31, 2024.
2. Duties
Employee shall perform the functions and duties specified for the position of Municipal
Judge by the City Charter and Code of the City of Lake Oswego, and by any other applicable
ordinances,resolutions, or policies of the City,together and with such other duties as may be
lawfully assigned by the City Council. Employee shall at all times loyally and conscientiously
perform all the duties and obligations required of them,either expressly or implicitly,by the
terms of this AGREEMENT.
3. Term of Employment
Employee's employment shall commence on the date set forth in paragraph 1.B. of this
AGREEMENT. Employee shall remain in the exclusive employ of the City thereafter subject to
termination of the employment by either party as provided below.
4. Salary
Employee shall be paid a salary in installments at the same time as other employees are
paid. Starting monthly salary is $6,000.00. This position is not eligible for overtime and is
considered exempt. Any additional cost of living adjustments are subject to City Council
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approval. Since Employee is starting employment on the last day of July,2024,the salary for July
will be prorated to 1/31 of the monthly salary.
5. Sick Leave
Employee shall be provided with forty(40)hours of paid sick leave benefits upon hire,
which are available for use during the remainder of the 2024 calendar year. Thereafter,the City
will provide forty(40)hours of Oregon statutory paid sick leave benefits, front loaded annually
on January 1 each year. Unused sick leave hours will not roll over from year to year. There shall
be no compensation for unused sick leave at the termination of Employee's employment.
6. Dues and Professional Development
City agrees to pay for the professional membership dues to the Oregon Judge's
Association,and pay attendance for up to two Oregon Judge's Association conferences per year,
subject to City Council budget decisions.
7. Performance Evaluation and Feedback
Employee will seek frequent informal feedback on performance from the Mayor and
individual City Council members.A more formal performance review will be conducted by the
City Council as a body in December of each year, and at any other time that the City Council,in
its sole discretion, desires to conduct a review.
8. Termination of Employment
A. Termination Basis
(i) At Will Employment
It is expressly understood and agreed between the parties that Employee serves as
an at-will employee of the City. Either Employee or the City Council may terminate the
Employee's employment relationship with the City at any time with or without cause, and except
as provided below,no severance is to be paid.
(ii) For Cause Termination
The City Council may terminate the services of the Employee for cause,which
are the events listed in Subsection C below.
B. Notice and Severance Pay
Subject to the requirements and limitations set forth below, in the event that the
City terminates Employee's employment without cause while Employee is still willing and able
to perform Employee's duties,Employee shall be entitled to:
(i) Not less than sixty days' prior notice of such termination; and
(ii) A severance payment equal to six(6)months of salary.
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(iii) As a condition to receiving the benefits described in paragraphs(i)-(ii)
above,including severance payment and prior to the delivery of such payment, Employee agrees
to execute and deliver to City a release of claims drafted by the City,releasing the City and its
agents,representatives and insurers from any and all claims that Employee may have against
City. The severance payment, and extension of benefits as described, shall release the City from
any further obligations under this AGREEMENT, and any claims of any nature that Employee
might have against the City by virtue of their employment or termination thereof.
The City reserves the right to pay Employee's regular wages in lieu of all or any portion of the
sixty days' notice period referenced in B.(i) above.
C. Exceptions to Notice and Severance Pay Requirements
Employee shall not be entitled to prior notice of termination, or a severance
payment listed in B.(i)-(ii),in any of the following events:
(i) Employee is terminated for cause,which shall mean willful misconduct,
willful failure to carry out or abide by the lawful directions or decisions of the City Council,
dishonesty or gross malfeasance.
(ii) Employee commits a serious violation of City personnel policy/policies
or standards of conduct that the City Council determines justifies termination.
(iii) Employee is convicted of any crime.
(iv) Employee resigns or retires from their employment with the City.
(iv) Employee becomes physically or mentally unable to perform the
essential duties of the Municipal Judge with reasonable accommodation as required by law.
D. Resignation or Retirement
Employee shall provide City not less than 30 calendar days' advance notice of
termination of their employment by resignation or retirement.
9. Use and Return of City Property
Employee recognizes and agrees that all property provided by the City to the Employee
shall be and remain the property of the City. Employee will preserve,use,and hold City property
only for the benefit of the City and to carry out the City's business.When Employee's
employment is terminated,Employee will immediately deliver to City all City property, including
all originals and copies of records,Employee has in Employee's possession or control.
10. Arbitration
The parties agree that any issue which has not been released pursuant to Section 8.B.iii
above arising from Employee's employment,employment termination or whether a party has
breached this AGREEMENT that cannot be resolved informally, shall be submitted to
confidential,binding arbitration in Lake Oswego, Oregon. The arbitration shall be conducted in
Page 3—Municipal Judge Employment Agreement
confidence and pursuant to the then current rules of the American Arbitration Association for
employment disputes,unless the parties agree to some other arbitration procedure. Except as
otherwise required by law,the parties shall share equally the arbitrator's fees,and each party
shall be responsible for its own attorney's fees and related costs at arbitration or in any litigation
or court action relating to the arbitration.
ORS 36.620(6)Acknowledgment:
I acknowledge that I have received and read or have had the
opportunity to read this arbitration agreement.I understand that this
arbitration agreement requires that disputes that involve the matters
subject to the agreement be submitted to mediation or arbitration
pursuant to the arbitration agreement rather than to a judge and jury
in court.
7/1/2024
Cierra Brown Date
11. Personnel Policies
The terms and provisions of the City's Personnel Policies shall apply to Employee, as
now adopted or hereafter amended, except to the extent provided otherwise in this
AGREEMENT.
12. Modification or Amendment
No amendment,change, or modification of this AGREEMENT shall be valid,unless in
writing and signed by both parties.
13. Entire Agreement
This AGREEMENT constitutes the entire agreement between the parties, integrates all of
the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation of
previous agreements between the parties with respect to all or any part of the subject matter
hereof.
14. Waiver
Failure of either party at any time to require performance of any provisions of this
AGREEMENT shall not limit the parties' right to enforce the provision,nor shall any waiver of
any breach of any provision be a waiver of any succeeding breach of the provision itself or of any
other provision.
15. Severability
If any provision,or any portion thereof, contained in this AGREEMENT is held to be
unenforceable,the remainder of this AGREEMENT or portion thereof shall be deemed severable
and shall not be affected and shall remain in full force and effect.
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CITY OF LAKE OSWEGO, OREGON
BY:
Joseph M. Buck,Mayor Date
Authorized by the City Council on: July 16,2024
7/1/2024
CIERRA BROWN Date
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