HomeMy WebLinkAboutPACKET Town Board Study Session 2012-08-28* Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
STUDY SESSION
TOWN BOARD
Tuesday, August 28, 2012
5:00 p.m.
Rooms 202/203
170 MacGregor Ave.
AGENDA
5:00 p.m. Town Attorney/Municipal Judge Evaluation
Criteria.
Quasi-Judicial Role of Trustees.
Future Agenda Items.
6:30 p.m. Meeting Adjourn – Prepare for Board Meeting.
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City Attorney Performance Review
Position Incumbent:
City Council Member:
Date of Review:
RATING SCALE:
Exceeds Standards Consistently meeting all and exceeding some of the standards that define
proficient performance for this area of responsibility.
Consistently Meets Standards Meets the majority of standards that define the City of Loveland’s high
requirements for proficient performance for this area of responsibility.
Meets Most Standards Meets at least half of the standards that define proficient performance for
this area of responsibility.
Does Not Meet Standards Meets less than half the standards that define proficient performance for this
area of responsibility.
Council Comment Summary
Category Rating (E, CM,
MM, DNM) Comments
Legal Counsel
(City Council, City
Manager, Boards &
Commissions)
Legal Counsel
(City Departments)
Prosecution
Leadership and
Management
Budget
Teamwork
Communication
Overall
LEGAL COUNSEL FOR CITY COUNCIL, CITY MANAGER AND BOARDS AND COMMISSIONS
Responsibilities:
Serves as the general legal advisor of the City Council, City boards and commissions of the City for all matters
arising out of questions concerning the law, ordinances, and contracts of the City and all other matters pertaining to
the business of the City. Attends all meetings of the City Council or assigns staff to do so and drafts all ordinances,
contracts, and other instruments when requested by the City Council. Consults with the City Manager regarding all
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things that have significant legal implications for the City. Provide legal representation for the City in all actions or
suits in which the City is a party.
Performance Meets Standards When:
Attends most City Council meetings or assigns staff to do so; provides accurate, concise and timely counsel to City
councilors at Council meetings and at other times as appropriate regarding ordinances and other legal instruments
including contracts, amendments, resolutions, statutes, municipal code interpretation and enforcement, individual
citizen questions, and related legal matters.
Attends most Planning Commission meetings or assigns staff to do so; provides accurate, concise and timely counsel
to Planning Commission members at Planning Commission meetings and at other times as appropriate.
Focuses on the customer (councilors, commissioners, City Manager), conveys friendliness, helpfulness and concern;
responds to problems and questions; “quick on their feet;” technically skilled; maintains confidentiality.
Provides accurate, creative, concise and timely counsel to City Council and City Manager on relevant legal matters
affecting the City in such a way that the organization’s interests are protected legally.
Provides all councilors with the same information within the same timeframe.
Exhibits a high degree of legal expertise in subject matters most needed by City Council and knows when and how
to access other legal expertise so that Council’s legal needs are met.
Provides accurate, concise and timely counsel to Boards and Commissions on legal issues related to their role as
advisors to City Council.
Informs Council, City Manager and Boards/Commissions on pertinent changes in the law and relevant legal national
patterns and trends within cities.
Initiates legal action on behalf of and defends the City in any legal action initiated against it or works closely with
outside legal counsel hired to represent the City in such matters.
Self Review Comments:
As these accomplishments relate to the City Manager, they have included:
Accomplishments related to Boards and Commissions have included:
LEGAL COUNSEL FOR CITY DEPARTMENTS
Responsibilities:
On a day-to-day basis, consults with and assists all the City departments with matters for which they require
guidance, including contract drafting and interpretation, personnel matters, Municipal Code interpretation, and all
other areas of municipal law.
Performance Meets Standards When:
Provides accurate, concise and timely counsel to all of the City’s directors, supervisors and other appropriate staff on
the legal aspects of activities within their assigned areas such as code development and enforcement, human
resources, taxes, insurance, planning, etc.
Focuses on the customer (employees), conveys friendliness, helpfulness and concern; responds to problems and
questions, maintains confidentiality.
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Counsels in the conduct of all relationships with municipal, state and federal bureaus, departments and agencies.
Identifies any legal concerns with City’s personnel policies and recommends changes to assure compliance with
applicable law.
Self Review Comments:
PROSECUTION
Responsibilities:
Responsible for all prosecutions in the Loveland Municipal Court.
Performance Meets Standards When:
Ensures that all prosecutions in Municipal Court are handled in accordance with the Municipal Charter and Code
and state and federal law, including negotiating with and educating defendants and their attorneys on their specific
cases, responding to written motions of defendants in a timely manner, researching and preparing cases for trial
based upon sound legal practices and judgment, and trying cases.
Ensures that all appeals from the Municipal Court to district and appellate court are handled in accordance with City
policy.
Self Review Comments:
LEADERSHIP
Responsibilities:
Responsible for the management and leadership of the City Attorney’s Office, including the hiring and supervision
of assistant city attorneys and legal secretary. Manages the use of outside legal counsel and consultants. As
necessary, works with legal departments of other municipalities in the state.
Performance Meets Standards When:
At all times acts with integrity and displays truthfulness, character and conviction.
Exhibits an understanding of role as legal advisor and not policy advisor and acts within the framework of this role.
Exhibits good time management skills.
Retains and supervises outside counsel, as required, to obtain legal opinions or handle claims or litigation.
Acts as liaison with other city attorney offices.
Proposes approaches or ideas to individual department projects with appropriate rationale consistent with City
values, strategic plan, goals and objectives.
Displays organizational sensitivity by verbally supporting City values and goals and ensures department values and
goals are congruent with City values and goals. Displays sensitivity of all organizational ramifications of decisions.
Delegates projects to appropriate employees and consultants, identifies known parameters, monitors progress and
outcome.
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Identifies the need for change and implements change with enthusiasm. Manages change affecting City or
department utilizing participative approach. Achieves goals for change process within specified time, or justifies
exceptions. Evaluates changes for effectiveness and efficiency by time specified.
Completes performance appraisals for his/her staff on time and recommends appropriate salary increase or decrease.
Develops and manages staff including evaluating and identifying ways supervised staff can improve work
performance. Directs staff to educational offerings which meet identified needs.
Acts as role model to staff and peers by offering suggestions and assistance, being available as needed, making
decisions congruent with City values and goals.
Engenders the respect of local attorneys, citizens, department staff and other City employees.
Self Review Comments:
BUDGET
Responsibilities:
Drafts and manages the Legal Department budget.
Performance Meets Standards When:
Develops department budget within established guidelines.
Budget goals reflect City goals where appropriate.
Variances in the monthly budget are reviewed, reasons for variances noted and an action plan to correct is identified
and implemented if variances cannot be justified.
Self Review Comments:
TEAMWORK
Performance Meets Standards When:
Works cooperatively within department and with other areas; makes others’ jobs easier; accepts and offers feedback;
resolves conflicts independently and effectively; responds with flexibility to change and special needs.
Works cooperatively with citizens, City Council, management team, department members, managers, employees
and committees in the development of legal documents, policies, practices and procedures, and works with them to
ensure compliance.
Promotes collaboration between managers and employees on sensitive issues.
Participates in all mandatory management development programs presented by City during each quarter and has
attended at least one presentation outside the City that relates either to management skills or area of expertise during
each year; and has utilized information received to improve performance
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Attends all management team meetings or assigns staff to do so; is responsible for obtaining and communicating
information given in missed meetings.
Self Review Comments:
COMMUNICATION
Performance Meets Standards When:
Listens carefully; follows and/or gives clear instructions; speaks and writes straightforwardly, diplomatically,
accurately and clearly; gives information to those who need to know.
Renders legal opinions that clearly commit to a recommendation while acknowledging more than one interpretation
of the law (i.e., as little “hedging” as possible).
Provides accurate information regarding interpretation of all legal documents and projects within agreed-upon time
frame.
Provides opportunity for legal education to management staff as needed or requested.
Demonstrates excellent listening, verbal and written skills, using a minimum of legalese; can translate the law into
“layman” terms.
Brings appropriate, well-organized information to City Council, weekly management team and staff meetings.
Creates respectful, approachable, comfortable atmosphere for Councilors and others to share concerns, problems,
and issues.
Self Review Comments:
GOALS FROM 2009:
Self Review Comments:
My goals for 2009 and the progress I made in achieving them were:
2010Goals
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My goals for 2010 are:
Conclusion
SIGNED:
City Council Date City Attorney Date
MEMORANDUM
TO: Mayor and City Council
FROM: Richard Meyers, City Manager
SUBJECT: Municipal Court Judge Annual Evaluation
DATE: May 5, 2010
Background
The Municipal Court Judge performance evaluation is due and is typically conducted in an
executive session. In order to conduct the evaluation in an executive session the evaluation form
must be adopted in an open meeting prior to using the form in an evaluation process.
Recommendation
Adopt the evaluation form and set a date and time to conduct the evaluation of the Municipal
Court Judge.
Cost
Any costs associated with possible salary increase.
__________________________
Richard Meyers, City Manager
Municipal Judge Performance Evaluation
These are sources that you can use to evaluate the performance of the Municipal Judge.
1. Visit court and observe proceedings.
2. Talk to department heads.
3. Refer to the Budget Document - sections on Police and Municipal Court, these include
brief descriptions of past year’s activities.
4. Council should feel free to contact the Judge any time they have concerns and discuss
those on a one-on-one basis. It is this committee’s belief that you should handle these
inquiries as soon as possible and not save them for annual review. This would help the
Judge and the Council maintain a working relationship.
5. Grade the court on the approved evaluation form with a numbered grading system.
6. The Judge’s position is an at will employee and no contract is required.
7. Salary will be reviewed by the Council at the evaluation and any changes made at that
time.
Professionalism12345CommentsProjects a professional and positive imageCourteous to public and staff at all timesControls emotions effectively in difficult situationsInvolved in community events and professional organizationsCity Council Relationship12345CommentsProvides accurate and sufficient information to City Council tohighlight criminal justice trends and needs in our communityProvides annual data on Court proceedings for budget preparationand Judge evaluationEffectively assists the City Council in understanding and addressingissues facing Municipal CourtCommunications1 2 3 4 5 CommentsCommunicates effectively with Police Department and CityAttorney’s OfficeOral communications are clear, concise and accurateWritten Communications are clear, concise and accuratePage 1 City of Cottage GroveMunicipal Court Judge Performance EvaluationINSTRUCTIONS: Place a check mark on the line underneath the number you think is appropriate for each item. The numerical rating (1 through 4)is an effort to quantify opinions and judgement about specific management responsibility. While subjective, it suggests a useful emphasis or relativedegree of acceptability. Please use the comment space to record specific comments on each point. Use the back of the form if more space is needed. 1 - Not making progress toward expectations; 2 - Making progress toward expectations; 3 - Meets expectations; 4 - Exceeds expectations; 5 - Not observed.
Court Administration12345 CommentsCreative in developing practical solutions to problems faced inthe course of workKeeps current on changes in local, state and federal lawsaffecting Municipal CourtManages uncollected finesShows consistency in courtroom proceedingsProposes in a timely manner a balanced and well preparedbudget documentEncourages training for professional staffCourt begins on time and proceedings are conducted in atimely mannerThe operation of court appears organized Based on your overall evaluation of the Municipal Judge, what would you list as strong points. CKnowledge and understanding of the lawsCRespectful and educated approach to all casesCFacts of all casesCProfessionalismCGenuine compassion and caring of people appearing in courtCHumane and fairBased upon your overall evaluation, what areas would you suggest the Municipal Judge work on to improve skills or to be more effective. Please beas specific as possible. CTime ManagementCDelegate social service issues to the proper agency CBetter reporting of Court activities (quarterly reports)
Page 2What goals and expectations do you have for Municipal Court for the coming year?CCouncil to set subcommittee to meet with Judge to address some Council concernsCPossibility of quarterly reports on matters of the Court that Council might be interest Mayor: ____________________________________________ Date: ___________________ Municipal Judge: ____________________________________ Date: ___________________
Cottage Grove
Municipal Court Judge
Self-Evaluation Form
Please describe your strengths or examples of exceptional performance.
Describe your performance deficiencies or job behavior requiring improvement.
Highlight your progress in meeting goals previously set with City Council.
Describe efforts you have taken to stay current on changes in local, state or federal laws pertaining to Municipal
Court.
What are your goals or specific areas of improvement you would like to address during the next evaluation
period?
REVISED
City Attorney
Confidential Performance Evaluation
November 2011
City Council Feedback Summary
Instructions:
Evaluate the City Attorney’s performance over the past year in the following areas. For
each, please provide an overall rating and any comments which explain why you have
chosen the selected rating or illustrate relevant examples of performance in the area.
Rate each criteria based on the following scale:
4-Exceptional Performance - Exceeds City Standards:
At this level of performance, the employee meets all City standards and
consistently surpasses expectations and demonstrates skills in a highly proficient
manner.
3-Meets City Standards: At this level of performance, the employee regularly
meets City standards and performs core job duties, responsibilities and
assignments successfully.
2- Lacks Consistency in Meeting City Standards: At this level of performance,
the employee lacks consistency in meeting City standards, performing job duties,
responsibilities and completing assignments.
1- Below City Standards: At this level of performance, the employee regularly
performs job duties, responsibilities and assignments in an unsatisfactory manner.
0-Not Able to Rate: Have not observed performance in this area.
City Attorney Performance Evaluation – 2011 2
4 Exceptional Performance – Exceeds City Standards
3 Meet City Standards
2 Lacks Consistency in Meeting City Standards
1 Below City Standards
0 Not able to Rate - Have not observed performance in this area
I. General Legal Counsel
A. Are written opinions clear, relevant and timely? (yes) Do they provide the
necessary information?
B. Are verbal opinions clear? Do they answer the questions asked?) Is the manner
of delivery courteous and professional?
C. Does the City Attorney maintain appropriate and timely communications with the
entire Council regarding issues or concerns presented by individual
Councilmembers?
Rating:_ _
COMMENTS:
City Attorney Performance Evaluation – 2011 3
4 Exceptional Performance – Exceeds City Standards
3 Meet City Standards
2 Lacks Consistency in Meeting City Standards
1 Below City Standards
0 Not able to Rate - Have not observed performance in this area
II. Legislative Services
A. Are ordinances and resolutions timely, clear and consistent with Council
direction?
B. Does the City Attorney provide adequate information and advice relating to
agenda items?
Rating:_
3.5
COMMENTS:
III. Litigation
A. Does the City Attorney effectively handle the City’s litigation in a manner which
is consistent with Council direction and the best interests of the City?
B. Does the City Attorney effectively avoid unnecessary litigation through the tactful
City Attorney Performance Evaluation – 2011 4
4 Exceptional Performance – Exceeds City Standards
3 Meet City Standards
2 Lacks Consistency in Meeting City Standards
1 Below City Standards
0 Not able to Rate - Have not observed performance in this area
handling of potential claims against the City?
.
Rating: __
COMMENTS:
IV. Office Administration
A. Are personnel in the City Attorney's office courteous, professional, efficient and
responsive?
Rating:_ __
COMMENTS:
V. Management Relations
A. Does the City Attorney maintain an appropriate relationship with the City
Manager and management staff in terms of cooperation and independence?
Rating:__
City Attorney Performance Evaluation – 2011 5
4 Exceptional Performance – Exceeds City Standards
3 Meet City Standards
2 Lacks Consistency in Meeting City Standards
1 Below City Standards
0 Not able to Rate - Have not observed performance in this area
COMMENTS:
VI. Using the scale of zero to four above, and based upon your observation of the City
Attorney's performance over the past year, place the appropriate number next to each evaluation
category. If you choose, make comments supporting your rating.
Personal Attributes/Skills: Rating
responsiveness [ 3.8] 4, 4, 3, 4, 4
industriousness [ 3.8 ] 4, 4, 3, 4, 4
integrity [ 4 ] 4, 4, 4, 4, 4
professionalism [ 3.8 ] 4, 4, 3, 4, 4
cooperation [ 3.7 ] 4, 4, 3, 4, 3.5
diplomacy [ 3.9 ] 4, 4, 4, 4, 3.3
decisiveness [ 3.5 ] 3.5, 4,3, 4, 3
motivation [ 3.7 ] 4, 4, 3, 4, 3.5
judgment [ 3.7 ] 4, 4, 3, 4, 3.5
loyalty to City [ 3.8 ] 4, 4, 3, 4, 4
ability to cope with stress [ 3.2 ] 3, 3, 3, 4, 3
adaptability [ 3.4 ] 4, 3, 3, 4, 3
speaking ability [ 3.5 ] 4, 3, 3, 4, 3.5
writing ability [ 3.8 ] 4, 4, 3, 4, 4
listening skills [ 3.7 ] 4, 4, 3, 4, 3.5
sense of humor [ 4 ] 4, 4, 4, 4, 4
COMMENTS:
City Attorney Performance Evaluation – 2011 6
4 Exceptional Performance – Exceeds City Standards
3 Meet City Standards
2 Lacks Consistency in Meeting City Standards
1 Below City Standards
0 Not able to Rate - Have not observed performance in this area
City Attorney Performance Evaluation – 2011 7
4 Exceptional Performance – Exceeds City Standards
3 Meet City Standards
2 Lacks Consistency in Meeting City Standards
1 Below City Standards
0 Not able to Rate - Have not observed performance in this area
GOAL SETTING
CITY COUNCIL'S EXPECTATION FOR COMING YEAR
VII. What are the City Attorney's strengths as observed over the past year?
VIII. What areas could benefit from improvement as observed over the past year?
Municipal Court Judge
Confidential Performance Evaluation
November 2011
City Council Feedback Summary
Instructions:
Evaluate the Municipal Court Judge’s performance over the past year in the following areas. For
each, please provide an overall rating and any comments which explain why you have chosen the
selected rating or illustrate relevant examples of performance in the area.
Rate each criteria based on the following scale:
4-Exceptional Performance - Exceeds City Standards:
At this level of performance, the employee meets all City standards and consistently
surpasses expectations and demonstrates skills in a highly proficient manner.
3-Meets City Standards: At this level of performance, the employee regularly
meets City standards and performs core job duties, responsibilities and assignments
successfully.
2- Lacks Consistency in Meeting City Standards: At this level of performance,
the employee lacks consistency in meeting City standards, performing job duties,
responsibilities and completing assignments.
1- Below City Standards: At this level of performance, the employee regularly
performs job duties, responsibilities and assignments in an unsatisfactory manner.
0-Not Able to Rate: Have not observed performance in this area.
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I. MUNICIPAL COURT - JUDICIAL DUTIES
A. Conducts arraignments, hearings and trials in an efficient and appropriate manner.
Advises defendants of their rights, administers oaths and affirmations, rules on
admissibility of evidence and methods of conducting testimony, examines evidence
and interprets applicable law, and enforces orders, rules and judgments in
compliance with all applicable law. Reviews and rules on both formal and informal
Motions to Continue, Dismiss, and Reopen Cases, Set Aside Default Judgments,
Quash Warrants, Waive Costs, Appoint Counsel, etc. in an efficient and
appropriate manner. Reviews and approves plea agreements.
B. Reviews files for Municipal Court defendants who have recently been placed in
custody at the Larimer County Detention Center or other facility. Sets bond types
and amounts and/or holds video advisements in an efficient and appropriate
manner.
C. Manages system for summoning jurors in an efficient and appropriate way.
Instructs juries on applicable law and directs juries to deduce facts from evidence
presented.
D. Imposes fines and sentences upon finding of guilt or responsibility according to
City Code, state and federal law. Designs and implements appropriate and creative
penalties. Enforces penalties consistently, according to City Code and Charter as
well as state law.
E. Protects and preserves the record to ensure that the City and defendants have a
record on which to appeal, if necessary.
F. Establishes, oversees and participates in procedures to respond quickly and
appropriately to failures to appear, pay and/or comply with sentencing conditions.
G. Periodically revises the Fine Schedule, also used for bonding purposes, to ensure
appropriate typical fine levels for first offenses.
H. Considers, and recommends to City Council for adoption as appropriate, new or
revised costs and fees to charge in applicable cases, taking into consideration
existing costs and fees charged by this as well as other Colorado Courts.
I. Establishes rules of procedure in questions for which standard procedures have not
been established by law or by a higher court.
J. Recruits, selects, and manages the performance of the Assistant Municipal Judge(s)
and Municipal Court Referee(s). Works with City Clerk’s and Human Resources
Offices regarding contract extensions and Council appointments for those positions,
as well as appropriate hourly rates of pay.
K. Follows and gives clear instructions. Speaks and writes concisely, diplomatically,
accurately and clearly. Renders decisive, well-founded factual findings, legal
opinions and sentencing without regard to popularity of decision.
L. Demonstrates excellent listening, speaking, and writing skills, using a minimum of
legalese. Can translate the law into layperson’s terms.
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M. Presides over the Court and at all times maintains judicial neutrality, high ethical
standards and professional demeanor. Controls Court and curbs inappropriate
and/or excessive discussion in Court; creates a respectful atmosphere in Court. At
all times, acts with integrity and displays truthfulness, character, and conviction.
Displays respect for judicial system and rule of law.
N. Exhibits a high degree of legal expertise in subject matters related to Municipal
Court. Identifies and participates in appropriate and necessary continuing legal
education in order to maintain law license, including involvement in Colorado
Municipal Judges Association conferences.
O. Reports to and receives feedback from City Council as requested, necessary, and
appropriate to keep Council informed of the Court’s activities while respecting
proper separation of powers.
Overall Rating for this area (Judicial Duties): COMMENTS re: Performance of Judicial
Duties:
II. MUNICIPAL COURT – ADMINISTRATIVE DUTIES
A. Acts as Department Head for Municipal Court Department of the City, cooperating
with the City Manager and reporting directly to City Council. Exhibits high degree
of management expertise including human resources, fiscal management and case
flow management.
B. Ensures efficient, appropriate and effective operation of the Court in terms of case
flow management including on-going evaluation of pending case loads and
development and implementation of systems (both automated and procedural) that
support effective calendar management and prompt disposition of cases. Receives
and implements policy direction from City Council regarding court administration
while respecting proper separation of powers.
C. Develops Court budget for submittal to City Council through the City Manager’s
Office, following established guidelines and reflecting City goals where
appropriate. Reviews expenditures periodically with the Court Supervisor,
identifying any variances from budgeted amounts and setting up action plans to
correct the same when possible.
D. Oversees plans and negotiations relating to long-term office and courtroom space
needs of the Municipal Court, coordinating efforts with the City’s Operations
Services; oversees departmental structure changes and assists in determining
staffing needs; oversees development of court computer applications.
E. Ensures that court policies are uniformly understood, properly interpreted and
administered by all affected staff and volunteers.
F. Identifies the need for change and implements change with enthusiasm. Uses, where
appropriate, participative approach to manage change. Consults with others in the
4
City who may be affected by changes before implementing changes. Achieves goals
for change process within specified time or justifies exceptions.
G. Recruits, selects and supervises the performance of the Court Supervisor regarding
all aspects of his/her duties. Completes performance evaluations for the Court
Supervisor on time and recommends appropriate salary changes. Offers assistance
to staff, including identifying ways staff can improve work performance. Directs
staff to educational offerings which meet training needs.
H. Acts as role model to staff and peers by offering suggestions and assistance, being
available as needed, and making decisions congruent with City values and goals.
Works cooperatively and effectively with employees in all City Departments,
particularly those involved in the Court such as those in the City Attorney’s Office,
Police Department, Parking Services, Neighborhood, Building and Zoning Services,
City Clerk’s Office, and Human Resources Department. Promotes collaboration,
integration of systems, and facilitation of change while maintaining the integrity of
the Court as a separate but equal branch of government. Initiates constructive
discussions with the City Manager and/or appropriate department heads when
problems arise.
I. Prepares regular case flow and financial reports, as well as special studies and
statistical analysis when appropriate, and uses information to make logical changes
in court systems where appropriate.
J. Sets trial dockets and coordinates use of Courtroom by other users when necessary.
K. Manages the Court’s Bond (Trust) Account in accordance with City financial and
accounting standards, including reconciling and preparing regular deposits and
monthly balancing of the account.
L. Creates performance evaluation forms for position of Municipal Judge, with input
and approval from City Council and Human Resources Department.
Overall Rating for this area (Administrative Duties): COMMENTS re: Performance of
Administrative Duties:
III. LIQUOR LICENSING AUTHORITY DUTIES
A. Acts as the local Liquor Licensing Authority for the City. Conducts regular
meetings to determine if new liquor licenses should be granted, existing licenses
should be renewed, transferred, or granted a change of location, manager
registrations should be approved, etc. Reviews Motions to Suspend or Revoke
licenses. Determines, at hearing, if a violation of a liquor license has occurred. If a
5
violation is proven, decides what sanction(s) shall be imposed. Reviews, at a
hearing, stipulated admissions of violations and recommended sanctions.
B. Conducts all hearings in a fair and impartial manner consistent with the laws of the
city and state. Rules on admissibility of evidence, procedures to be followed and
makes rulings consistent with the evidence presented. Assists the City Clerk’s
Office in protecting and preserving the record to ensure that the City and the
applicants or licensees have a record on which to appeal, if necessary.
C. Revises local Rules of Procedure as necessary and appropriate to ensure a fair and
efficient process.
D. Follows and gives clear instructions. Speaks and writes concisely, diplomatically,
accurately and clearly. Renders decisive, well-founded factual findings, legal
opinions and sentencing without regard to popularity of decision.
E. Demonstrates excellent listening, speaking and writing skills, using a minimum of
legalese. Can translate the law into layperson’s terms.
F. Works cooperatively and effectively with employees in all city departments
involved in the liquor licensing and enforcement areas, such as the City Clerk’s
Office, City Attorney’s Office, Police Department, and other departments as
needed.
G. Works with the City Clerk’s Office to create clear and concise formats for statistical
reporting of the Authority’s activities for use by City Council and the public.
H. Exhibits a high degree of legal expertise in subject matters related to liquor
licensing.
I. Reports to and receives feedback from City Council as requested, necessary, and
appropriate to keep Council informed of the Authority’s activities.
Overall Rating for this area (Liquor Licensing Authority Duties):
COMMENTS re: Performance of Liquor Licensing Authority Duties:
.
********************************************************************
COMMENTS CONCERNING OVERALL PERFORMANCE:
-1-
RESOLUTION 2006-124
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING RESOLUTIONS 2000-123 AND 2001-018
TO REVISE THE PROCESS FOR CITY COUNCIL EVALUATION OF
THE PERFORMANCE OF THE CITY MANAGER,
CITY ATTORNEY AND MUNICIPAL JUDGE
WHEREAS, the City Manager, City Attorney and Municipal Judge are appointed
by the City Council (the “Council”) under the provisions of the City Charter; and
WHEREAS, the Municipal Judge is appointed for a two-year term, and the City
Manager and City Attorney serve terms of indefinite duration; and
WHEREAS, the Council is responsible for supervising the performance of all
three of these employees and fixing their compensation; and
WHEREAS, it is essential that these employees perform their duties with
integrity, professionalism and effectiveness; and
WHEREAS, the Council meets with these employees semi-annually in executive
session to review their performance; and
WHEREAS, the more formal review of these employees’ performance (the
“annual review”) takes place in November of each year; and
WHEREAS, the Council has, through the adoption of Resolutions 2000-123 and
2001-018, approved a process for evaluating the performance of these three employees;
and
WHEREAS, the Council wishes to revise that process to allow for greater
flexibility in the time frames for the exchange of information among the affected parties
and to establish a different process for determining the compensation and benefits of
these employees.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that Resolutions 2000-123 and 2001-018 are hereby amended so
that the annual, formal evaluation of the City Manager, City Attorney and Municipal
Judge shall be conducted in accordance with the following guidelines:
Section 1. The annual, formal evaluation of the City Manager and City
Attorney (the “Employees”) shall be conducted as follows:
A. Each year, a form for evaluation of each Employee’s performance, based
on the Employee’s job duties, shall be prepared by the Human Resources
-2-
Director in consultation with the Mayor, Mayor Pro Tem and the
Employees. That form shall be distributed to each Councilmember no less
than twenty (20) days prior to the date of the Employee's annual review.
The form shall be completed by each Councilmember. If any
Councilmember believes that he or she is not sufficiently familiar with the
Employee's performance to evaluate a particular aspect of the Employee's
performance, the Councilmember need not complete that portion of the
evaluation form.
B. No later than ten (10) days prior to the annual review, the evaluation forms
completed by the Councilmembers shall be submitted to the Human
Resources Director for distribution to the Council and the Employees,
together with: (1) a composite of all such forms; (2) pertinent information
regarding the total compensation paid to the persons holding comparable
positions of employment in other comparable Colorado Front Range
cities; and (3) any other information that may be considered pertinent by
the Council or the Employees.
C. Not later than four (4) days prior to the annual review, the Employees
shall provide the Council with self-evaluations containing such
information as they may consider appropriate, together with their
compensation requests for the ensuing year and any proposed contract
revisions.
D. Prior to Council’s discussion of the proposed compensation and benefits
of the Employees, the Mayor and Mayor Pro Tem shall meet with each
Employee to discuss the Employee’s compensation request.
E. Any change in the compensation of the Employees for the ensuing
calendar year shall be approved by the Council by ordinance. That
ordinance shall be adopted by the Council in sufficient time for the change
in compensation to take effect as of the first full pay period of the ensuing
year. In the event that the Council and either Employee agree upon any
revisions to the Employee’s employment contract for the ensuing year, a
resolution approving such revision(s) shall be adopted upon first or second
reading of the ordinance.
F. All Councilmembers, irrespective of their evaluation of the Employees,
are encouraged to meet individually with the Employees to discuss their
performance.
Section 2. The annual, formal evaluation of the Municipal Judge shall be
conducted in accordance with the following guidelines:
-3-
A. A form for evaluation of the Municipal Judge’s performance shall be
prepared by the Human Resources Director in consultation with the
Mayor, Mayor Pro Tem and Municipal Judge and distributed to each
Councilmember no less than twenty (20) calendar days prior to the
Municipal Judge’s annual review. The form shall address the Municipal
Judge’s judicial duties, administrative duties and Liquor Licensing
Authority duties. The form shall be completed by each Councilmember.
If any Councilmember believes that he or she is not sufficiently familiar
with the Municipal Judge’s performance to evaluate a particular aspect of
the Municipal Judge’sperformance, the Councilmember need not fill out
an evaluation form.
B. On or before October 15 of each year in which the Municipal Judge is
requesting reappointment, Municipal Court prosecutors, defense attorneys
who have worked on Municipal Court cases, and attorneys who have
appeared at Liquor Licensing Authority meetings shall be provided with
copies of an evaluation form and asked to evaluate the performance of the
Municipal Judge. The form shall be prepared by the Municipal Judge and
the Human Resources Director in consultation with the Mayor and Mayor
Pro Tem. The names of all persons submitting completed forms shall be
provided to the Municipal Judge, together with a composite of the ratings
and comments on the completed forms.
C. No later than ten (10) days prior to the annual review of the Municipal
Judge, all completed evaluation forms and supplemental materials
referenced in Section A and B above shall be submitted to the Human
Resources Director for distribution to the Council and the Municipal Judge
together with: (1) a composite of the forms completed by the
Councilmembers; (2) pertinent information regarding the total
compensation paid to the municipal judges of other comparable Colorado
Front Range cities; and (3) any other information that may be considered
pertinent by the Council or the Municipal Judge.
D. Throughout each year, “customer comment” forms shall also be made
available, through means recommended by the Municipal Judge, to
defendants, prosecution and defense witnesses, attorneys and other
participants in the Municipal Court and liquor licensing processes. The
forms for this purpose shall be prepared by the Municipal Judge in
consultation with the Human Resources Director, Mayor and Mayor Pro
Tem. All persons completing such forms shall be asked to sign their
names if they wish to have their comments forwarded to the City Council
for its use in reviewing the performance of the Municipal Judge. They
shall also be told that the Human Resources Director and the members of
the City Council will be provided with copies of their signed, completed
forms, and that the Municipal Judge will receive a composite of all
completed forms, together with the names of those persons submitting the
-4-
forms. A copy of each signed, completed form shall be provided to the
City Council on a quarterly basis. At the same time, the Municipal Judge
shall receive a composite of the ratings and comments contained in such
forms, together with the names of the persons submitting the forms.
E. Not later than four (4) days prior to the annual review, the Municipal
Judge shall provide to the City Council a self-evaluation containing such
information as he or she may consider appropriate, together with his or her
compensation request for the ensuing year and any proposed contract
revisions.
F. Prior to Council’s discussion of the proposed compensation and benefits
of the Employees, the Mayor and Mayor Pro Tem shall meet with the
Municipal Judge to discuss the Judge’s compensation request.
G. Any change in the compensation of the Municipal Judge for the ensuing
calendar year shall be approved by the Council by ordinance. That
ordinance shall be adopted by the Council in sufficient time for the change
in compensation to take effect as of the first full pay period of the ensuing
year. In the event that the Council and the Municipal Judge agree upon
any revisions to the Municipal Judge's employment contract for the
ensuing year, a resolution approving such revision(s) shall be adopted
upon first or second reading of the ordinance.
H. All Councilmembers, irrespective of their evaluation of the Municipal
Judge, are encouraged to meet individually with the Municipal Judge to
discuss the Municipal Judge's performance.
Passed and adopted at a regular meeting of the City Council held this _____ day
of __________, A.D. 2012.
[insert signature blocks]
2011 City Council Performance Evaluation Process
Timeline Process
Tuesday Aug. 30th –
Thursday, Sept. 8th
Identified stakeholders are asked to respond to 360 performance
survey – due no later than Thursday, September 8th.
Friday, September 9th 360 employee input provided to Council members and Staff evaluated
in summary form. Self‐Evaluation forms sent to Staff members – due
no later than Thursday, September 15th.
Friday, September 16th Council packets distributed. Members review the 360 input and fill out
the blank evaluation form with their performance ratings and narrative
comments for each performance criteria. Council members’
completed forms (electronic form or hardcopy) are submitted to the
Mayor or H.R. Director – due no later than Friday, September 23rd.
Monday, September 26th
City Council members comments and ratings are compiled and
delivered to Council members electronically. A hard copy will be
available at Human Resources for pick‐up by noon and/or will be
distributed at the Executive Session on September 28th.
Wednesday, September 28th City Council Executive Session to finalize evaluations and ratings.
Thursday, September 29th Evaluation documents given to Staff for their review.
Monday, October 5th City Council meetings with employees to conduct evaluations.
Page 1 of 6
City Attorney Performance Review
Position Incumbent:
City Council Member:
Date of Review:
RATING SCALE:
Exceeds Standards Consistently meeting all and exceeding some of the standards that define
proficient performance for this area of responsibility.
Consistently Meets Standards Meets the majority of standards that define the City of Loveland’s high
requirements for proficient performance for this area of responsibility.
Inconsistently Meets Standards Meets some of the standards that define proficient performance for this area
of responsibility.
Does Not Meet Standards Meets less than half the standards that define proficient performance for this
area of responsibility.
Council Comment Summary
Category Rating (E, CM,
MM, DNM) Comments
Legal Counsel
(City Council, City
Manager, Boards &
Commissions)
Legal Counsel
(City Departments)
Prosecution
Leadership and
Management
Budget
Teamwork
Communication
LEGAL COUNSEL FOR CITY COUNCIL, CITY MANAGER AND BOARDS AND COMMISSIONS
Responsibilities:
Serves as the general legal advisor of the City Council, City boards and commissions of the City for all matters
arising out of questions concerning the law, ordinances, and contracts of the City and all other matters pertaining to
Page 2 of 6
the business of the City. Attends all meetings of the City Council or assigns staff to do so and drafts all ordinances,
contracts, and other instruments when requested by the City Council. Consults with the City Manager regarding all
things that have significant legal implications for the City. Provide legal representation for the City in all actions or
suits in which the City is a party.
Performance Meets Standards When:
Attends most City Council meetings or assigns staff to do so; provides accurate, concise and timely counsel to City
councilors at Council meetings and at other times as appropriate regarding ordinances and other legal instruments
including contracts, amendments, resolutions, statutes, municipal code interpretation and enforcement, individual
citizen questions, and related legal matters.
Attends most Planning Commission meetings or assigns staff to do so; provides accurate, concise and timely counsel
to Planning Commission members at Planning Commission meetings and at other times as appropriate.
Focuses on the customer (councilors, commissioners, City Manager), conveys friendliness, helpfulness and concern;
responds to problems and questions; “quick on their feet;” technically skilled; maintains confidentiality.
Provides accurate, creative, concise and timely counsel to City Council and City Manager on relevant legal matters
affecting the City in such a way that the organization’s interests are protected legally.
Provides all councilors with the same information within the same timeframe.
Exhibits a high degree of legal expertise in subject matters most needed by City Council and knows when and how
to access other legal expertise so that Council’s legal needs are met.
Provides accurate, concise and timely counsel to Boards and Commissions on legal issues related to their role as
advisors to City Council.
Informs Council, City Manager and Boards/Commissions on pertinent changes in the law and relevant legal national
patterns and trends within cities.
Initiates legal action on behalf of and defends the City in any legal action initiated against it or works closely with
outside legal counsel hired to represent the City in such matters.
Self Review Comments:
As these accomplishments relate to the City Manager, they have included:
Accomplishments related to Boards and Commissions have included:
LEGAL COUNSEL FOR CITY DEPARTMENTS
Responsibilities:
On a day-to-day basis, consults with and assists all the City departments with matters for which they require
guidance, including contract drafting and interpretation, personnel matters, Municipal Code interpretation, and all
other areas of municipal law.
Performance Meets Standards When:
Provides accurate, concise and timely counsel to all of the City’s directors, supervisors and other appropriate staff on
the legal aspects of activities within their assigned areas such as code development and enforcement, human
resources, taxes, insurance, planning, etc.
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Focuses on the customer (employees), conveys friendliness, helpfulness and concern; responds to problems and
questions, maintains confidentiality.
Counsels in the conduct of all relationships with municipal, state and federal bureaus, departments and agencies.
Identifies any legal concerns with City’s personnel policies and recommends changes to assure compliance with
applicable law.
Self Review Comments:
PROSECUTION
Responsibilities:
Responsible for all prosecutions in the Loveland Municipal Court.
Performance Meets Standards When:
Ensures that all prosecutions in Municipal Court are handled in accordance with the Municipal Charter and Code
and state and federal law, including negotiating with and educating defendants and their attorneys on their specific
cases, responding to written motions of defendants in a timely manner, researching and preparing cases for trial
based upon sound legal practices and judgment, and trying cases.
Ensures that all appeals from the Municipal Court to district and appellate court are handled in accordance with City
policy.
Self Review Comments:
LEADERSHIP
Responsibilities:
Responsible for the management and leadership of the City Attorney’s Office, including the hiring and supervision
of assistant city attorneys and legal secretary. Manages the use of outside legal counsel and consultants. As
necessary, works with legal departments of other municipalities in the state.
Performance Meets Standards When:
At all times acts with integrity and displays truthfulness, character and conviction.
Exhibits an understanding of role as legal advisor and not policy advisor and acts within the framework of this role.
Exhibits good time management skills.
Retains and supervises outside counsel, as required, to obtain legal opinions or handle claims or litigation.
Acts as liaison with other city attorney offices.
Proposes approaches or ideas to individual department projects with appropriate rationale consistent with City
values, strategic plan, goals and objectives.
Displays organizational sensitivity by verbally supporting City values and goals and ensures department values and
goals are congruent with City values and goals. Displays sensitivity of all organizational ramifications of decisions.
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Delegates projects to appropriate employees and consultants, identifies known parameters, monitors progress and
outcome.
Identifies the need for change and implements change with enthusiasm. Manages change affecting City or
department utilizing participative approach. Achieves goals for change process within specified time, or justifies
exceptions. Evaluates changes for effectiveness and efficiency by time specified.
Completes performance appraisals for his/her staff on time and recommends appropriate salary increase or decrease.
Develops and manages staff including evaluating and identifying ways supervised staff can improve work
performance. Directs staff to educational offerings which meet identified needs.
Acts as role model to staff and peers by offering suggestions and assistance, being available as needed, making
decisions congruent with City values and goals.
Engenders the respect of local attorneys, citizens, department staff and other City employees.
Self Review Comments:
BUDGET
Responsibilities:
Drafts and manages the Legal Department budget.
Performance Meets Standards When:
Develops department budget within established guidelines.
Budget goals reflect City goals where appropriate.
Variances in the monthly budget are reviewed, reasons for variances noted and an action plan to correct is identified
and implemented if variances cannot be justified.
Self Review Comments:
TEAMWORK
Performance Meets Standards When:
Works cooperatively within department and with other areas; makes others’ jobs easier; accepts and offers feedback;
resolves conflicts independently and effectively; responds with flexibility to change and special needs.
Works cooperatively with citizens, City Council, management team, department members, managers, employees
and committees in the development of legal documents, policies, practices and procedures, and works with them to
ensure compliance.
Promotes collaboration between managers and employees on sensitive issues.
Page 5 of 6
Participates in all mandatory management development programs presented by City during each quarter and has
attended at least one presentation outside the City that relates either to management skills or area of expertise during
each year; and has utilized information received to improve performance
Attends all management team meetings or assigns staff to do so; is responsible for obtaining and communicating
information given in missed meetings.
Self Review Comments:
COMMUNICATION
Performance Meets Standards When:
Listens carefully; follows and/or gives clear instructions; speaks and writes straightforwardly, diplomatically,
accurately and clearly; gives information to those who need to know.
Renders legal opinions that clearly commit to a recommendation while acknowledging more than one interpretation
of the law (i.e., as little “hedging” as possible).
Provides accurate information regarding interpretation of all legal documents and projects within agreed-upon time
frame.
Provides opportunity for legal education to management staff as needed or requested.
Demonstrates excellent listening, verbal and written skills, using a minimum of legalese; can translate the law into
“layman” terms.
Brings appropriate, well-organized information to City Council, weekly management team and staff meetings.
Creates respectful, approachable, comfortable atmosphere for Councilors and others to share concerns, problems,
and issues.
Self Review Comments:
GOALS FROM 2011*
*These are based on the records from 2010 and the recollection of City Council. If you feel there is something
missing or something misstated, please make your edits/suggestions.
Goals Results Rating Comments
Overall
Year-end
Rating Comments
Page 6 of 6
DEVELOPMENT FROM 2011*
*This section will be blank for 2011, but will be used going forward starting in 2012.
Skills/Knowledge/Experience Key Actions Timetable
GOALS FOR 2012
Goals Results Rating Comments
DEVELOPMENT FROM 2011*
*This section will NOT be used to evaluate your performance. The focus is professional aspirations/growth
opportunities. This area should be completed by the Employee and City Council if desired and/or necessary.
Skills/Knowledge/Experience Key Actions Timetable
SIGNED:
City Council Date City Attorney Date
Page 1 of 6
City Manager Performance Review
Position Incumbent:
City Council Member:
Date of Review:
RATING SCALE:
Exceeds Standards Consistently meeting all and exceeding some of the standards that define
proficient performance for this area of responsibility.
Consistently Meets Standards Meets the majority of standards that define the City of Loveland’s high
requirements for proficient performance for this area of responsibility.
Inconsistently Meets Standards Meets at some, but not all of the standards that define proficient
performance for this area of responsibility.
Does Not Meet Standards Meets less than half the standards that define proficient performance for this
area of responsibility.
Council Comment Summary
Category Rating (E, CM,
MM, DNM) Comments
Special Projects
Leadership
Negotiation
Administration
Budget
Customer Service
Communications
Page 2 of 6
PERFORMANCE STANDARDS AND SELF REVIEW COOMENTS:
SPECIAL PROJECTS
Responsibilities:
Directs the development, implementation, and evaluation of short and long-term operational plans and policies
based on City Council goals and objective
Self Review Comments:
LEADERSHIP
Responsibilities:
Serves as principal advisor to Council on technical and administrative matters including but not limited to budget,
funding, management, long-range planning, goals and citizen participation. Researches and develops proposals for
Council consideration regarding community issues of importance. Assumes leadership role in community. Serves
as liaison between the City and civic groups, private citizens, media, local businesses, major employers, the school
district, and other government agencies. Convenes diverse community groups and promotes collaboration and builds
consensus on sensitive issues that concern the future of the community. Identifies the need for change and
implements change.
Performance Meets Standards When:
Attends 95% of City Council meetings and serves capably at all times; demonstrates concern for the future of the
community.
Executes policies, directives and legislative action of City Council accurately, within agreed-upon time frame and in
accordance with Council goals, municipal management principles, City ordinances and applicable laws.
Researches and develops proposals for Council consideration regarding community issues of importance and with
appropriate rationale consistent with City values, strategic plan, goals and objectives.
Takes proactive approach in promoting collaboration.
Resolves major conflicts arising between groups externally and/or internally that jeopardize the attainment of City
goals and objectives at the earliest possible stage.
Meets regularly and develops positive relationships with civic groups, business people, citizens, media members,
and other governmental agency representatives. Utilizes relationships to enhance the City.
Manages change affecting City utilizing an inclusive and participative approach. Achieves goals for change process
within specified time, or justifies exceptions. Evaluates changes for effectiveness and efficiency by time specified.
Self Review Comments:
NEGOTIATION
Responsibilities:
Negotiates complex contracts and agreements with businesses, developers, and other governmental agencies.
Oversees high profile negotiations throughout organizations such as employment agreements and land purchases.
Retains, as needed, internal and/or external legal assistance before, during, and/or after negotiating City contracts.
Page 3 of 6
Performance Meets Standards When:
Has responsibility to assist staff in negotiating the best terms and conditions possible for all City contracts.
Exercises due diligence in performance of contract review responsibilities including negotiating within established
time frames, in accordance with Council goals and/or approval, and in accordance with municipal management
principles, City ordinances, and applicable City, state, and federal laws.
Gains best practical outcome for community and City organization.
Ensures that staff members utilize all available resources to achieve successful negotiation.
Ensures that negotiation outcomes allow for positive ongoing relationship with other party.
Evaluates and identifies way that s/he and staff can improve negotiation skills.
Self Review Comments:
ADMINISTRATION
Responsibilities:
Delegates projects to appropriate employees, monitors progress and outcome; responsible for performance
management of directors and other staff. Reviews and approves the selection, employment, transfer or termination
of all key executives. Directs the development and establishment of equitable personnel policies throughout the
City; reviews and approves proposed internal policies with exception of City Attorney’s Office. Leads Management
Team meetings.
Performance Meets Standards When:
Verifies projects are within agreed-upon time frame and in accordance with Council goals, municipal management
principles, City ordinances and applicable laws.
Completes performance appraisals for Department Directors and administrative staff on time and recommends
appropriate salary increase or decrease. Deals with performance issues when problematic behavior first appears.
Ensures that policies are uniformly understood, properly interpreted and administered by Department Directors.
Evaluates and identifies way supervised staff can improve work performance. Directs staff to educational offerings
which meet identified needs.
Acts as role model to staff by offering suggestions and assistance, being available as needed, making decisions
congruent with City values and goals.
Self Review Comments:
BUDGET
Responsibilities:
Uses a process of strategic financial planning and reporting.
Page 4 of 6
Performance Meets Standards When:
Develops and uses an on-going process of strategic financial planning and reporting which includes prudent use of
public funds, a conservative, balanced budget, and forecasting of revenues and expenses.
Annually revisits policies concerning PILT, services rendered and direct changes.
Evaluates and responds to challenges created through state and federal actions and pursues options regarding
Amendment 1: exemption, retainment and/or refund of revenues that exceed Amendment 1 limits.
Utilizes cost-effective procurement practices that include alternatives such as public/private cooperation,
privatization, and local preference.
Self Review Comments:
CUSTOMER SERVICE
Performance Meets Standards When:
Focuses on the customer (citizens, councilors, commissioners, committee members, employees); conveys
friendliness, helpfulness and concern; responds to problems and questions; maintains confidentiality.
Works cooperatively throughout the organization and within the City; makes others’ jobs easier; accepts and offers
feedback; resolves conflicts independently and effectively; responds with flexibility to change and special needs.
Encourages citizen participation in appropriate City issues; fosters open and candid relationships between city
government employees and the public.
Ensures City-wide focus on “citizens as customers.”
Ensures that citizen complaints are responded to within no more than five working days.
Incorporates customer services in goals and objectives, performance standards, etc.
Models behavior to demonstrate to staff appropriate customer relations skills. Gives staff feedback when they
model that behavior.
Ensures voice mail and e-mail are responded to within one working day and any requests are addressed within an
agreed-upon time frame.
Self Review Comments:
COMMUNICATION
Performance Meets Standards When:
Listens carefully; follows and/or gives clear instructions; speaks and writes diplomatically, accurately and clearly;
gives information to those who need to know.
Page 5 of 6
Ensures accurate and timely public education and information that will increase awareness of City decisions and
policies.
Resolves major conflicts arising between groups externally and/or internally that conflict with attainment of City
goals and objectives at the earliest stage.
Ensures that accurate and timely information is complied, shared, and effective communication occurs among
elected officials, the public and City staff about the probable future effects of proposed policy changes on service
programs and the quality of community life now and in the future.
Demonstrates excellent listening, verbal and written skills.
Develops and effectively uses appropriate, researched, well-organized information to City Council, management
team, staff and community meetings.
Creates approachable comfortable atmosphere for others to share concerns, problems, and issues.
Self Review Comments:
GOALS FROM 2011*
*These are based on the records from 2010 and the recollection of City Council. If you feel there is something
missing or something misstated, please make your edits/suggestions.
Goals Results Rating Comments
Overall
Year-end
Rating Comments
DEVELOPMENT FROM 2011*
*This section will be blank for 2011, but will be used going forward starting in 2012.
Skills/Knowledge/Experience Key Actions Timetable
GOALS FOR 2012
Goals Results Rating Comments
DEVELOPMENT FROM 2011*
*This section will NOT be used to evaluate your performance. The focus is professional aspirations/growth
opportunities. This area should be completed by the Employee and City Council if desired and/or necessary.
Skills/Knowledge/Experience Key Actions Timetable
Page 6 of 6
SIGNED:
Mayor Date City Manager Date
Page 1 of 6
Municipal Judge Performance Review
Position Incumbent:
City Council Member:
Date of Review:
RATING SCALE:
Exceeds Standards Consistently meeting all and exceeding some of the standards that
define proficient performance for this area of responsibility.
Consistently Meets Standards Meets the majority of standards that define the City of Loveland’s
high requirements for proficient performance for this area of
responsibility.
Inconsistently Meets Standards Meets some of the standards that define proficient performance for
this area of responsibility.
Does Not Meet Standards Meets less than half the standards that define proficient
performance for this area of responsibility.
Council Comment Summary
Category Rating (E, CM,
MM, DNM) Comments
Municipal Court
Administration
Local Liquor
Licensing Authority
Leadership and
Management
Training and
Development
Budget
Teamwork
Communication
MUNICIPAL COURT ADMINISTRATION
Page 2 of 6
Responsibilities:
Manages Municipal Court. Reports to City Council. Conducts arraignments, hearings for cases and trials,
advises defendants of their rights, administers oaths and affirmations, rules on admissibility of evidence
and methods of conducting testimony, examines evidence to determine if evidence will support charges,
settles disputes between opposing attorneys and enforces orders, rules and judgments. Imposes fines and
sentences. Designs and implements penalties. Enforces fines and penalties.
Performance Meets Standards When:
Ensures efficient and effective operation of the Court in terms of case flow management, including on-
going evaluation of pending case loads and development and implementation of systems (both automated
and procedural) that support effective calendar management and prompt disposition of cases. Receives and
implements policy direction from City Council regarding court administration while respecting proper
separation of powers.
Conducts arraignments, hearings for cases and trials, advises defendants of their rights, administers oaths
and affirmations, rules on admissibility of evidence and methods of conducting testimony, examines
evidence to determine if evidence will support charges, settles disputes between opposing attorneys and
enforces orders, rules and judgments in compliance with the Constitution, the Supreme Court Rules of
Procedure and all applicable law.
Conducts arraignments, hearings, and trials in efficient manner.
Instructs jury on applicable law and directs jury to deduce facts from evidence presented. Manages jury
system in an efficient and cost-effective way.
Imposes fines and sentences upon finding of responsibility according to City code, state, and federal law.
Designs and implements appropriate penalties. Enforces fines and penalties consistently, according to City
code and state and federal government.
Presides over the Court and at all times maintains judicial neutrality, high ethical standards, and
professional demeanor.
Controls Court and curbs inappropriate and/or excessive discussion in the court. Creates a respectful
atmosphere in Court.
At all times acts with integrity and displays truthfulness, character and conviction; displays respect for
judicial system and rule of law.
Protects and preserves the record to ensure that the City and defendants have a record on which to appeal, if
necessary.
Establishes rules of procedure in questions for which standard procedures have not been established by law
or by a higher court.
Exhibits a high degree of legal expertise in subject matters most needed by court administration including
standard principles and practices of public law and knows when and how to access other legal expertise so
that the Municipal Court’s legal needs are met.
Exhibits high degree of management expertise including human resources management, fiscal management
and case flow management.
Informs Council on pertinent changes in court administration.
Conducts special studies and statistical analysis when appropriate and uses information to make logical
changes in court systems where appropriate.
Page 3 of 6
Self Review Comments:
LOCAL LIQUOR LICENSING AUTHORITY
Responsibilities:
Sits as the local Liquor Licensing Authority. Conducts regular meetings to determines if new liquor
licenses should be granted; existing licenses should be renewed, transferred, or granted a change of
location. Determines, at hearing, if a violation of a liquor license has occurred. If a violation is proven,
decides what sanction(s) shall be imposed.
Performance Meets Standards When:
Conducts all hearings in a fair and impartial manner consistent with the laws of the city and state. Rules on
admissibility of evidence, procedures to be followed and makes rulings consistent with the evidence
presented. Protects and preserves the record to ensure that the City and the applicants or licensees have a
record on which to appeal, if necessary.
Works cooperatively and effectively with employees in all city departments involved in the liquor licensing
and enforcement areas, such as the City Clerk, City Attorney, Police Department, and other departments as
needed.
Self Review Comments:
LEADERSHIP AND MANAGEMENT
Responsibilities:
Serves as principal advisor to City Council on technical and administrative matters related to court
management, including systems design and implementation, long-range planning, goal setting, budgeting
and management. Researches and develops proposals for Council consideration regarding court issues.
Recruits, selects, and manages the performance of Court employees.
Performance Meets Standards When:
Serves capably at all times as principal advisor to City Council on technical and administrative matters
related to court management, including systems design and implementation, long-range planning, goal
setting, budgeting and management. Researches and develops proposals for Council consideration
regarding court issues of importance and with rationale consistent with City values, strategic plan, goals,
and objectives.
Ensures that court policies are uniformly understood, properly interpreted, and administered by all affected
staff and volunteers.
Identifies the need for change and implements change with enthusiasm. Uses, where appropriate,
participative approach to manage change. Consults with others in the City who may be affected by changes
before implementing changes. Achieves goals for change process within specified time, or justifies
exceptions. Evaluates changes for effectiveness and efficiency by time specified.
Actively involved in appropriate community-wide change efforts, including those focused on positively
impacting juvenile behavior.
Delegates projects to appropriate employees and volunteers, identifies known parameters, monitors
progress and outcome.
Page 4 of 6
Completes performance appraisals for his/her staff on time and recommends appropriate salary increase or
decrease. Offers assistance to staff, including identifying ways staff can improve work performance.
Directs staff to educational offerings which meets educational needs.
Acts as role model to staff and peers by offering suggestions and assistance, being available as needed and
making decisions congruent with City values and goals.
Engenders the respect of other City departments, local attorneys, citizens, and employees.
Originates new ideas or methods to improve the job or to complete assigned tasks in Municipal Court by
working cooperatively with others and consider new ideas to charge appropriate fees that takes in
consideration loaded costs for all court services that are provided.
Respond willingly to changes in procedures, process, technology, responsibility, or assignment.
TRAINING AND DEVELOPMENT
Responsibilities:
Instructs and trains Municipal Court staff and volunteers regarding all aspects of their duties, including
changing laws and court procedures. Functions as a resource to employees throughout the organization
regarding court administration issues.
Performance Meets Standards When:
Identifies training needs for Municipal Court staff and volunteers through formal and informal assessments.
Implements training plans based on assessments and periodically evaluates same to ensure goals are being
achieved.
If appropriate, facilitates classes in areas of expertise and works with co-workers (such as police officers,
fellow attorneys, and City Clerks) and external groups (such as Teen Court members) to articulate court
philosophy, standards and expectations.
Identifies and participates in appropriate continuing education in court administration and other relevant
areas. Involved, if worthwhile, in state municipal judge association and other appropriate professional
associations.
Self Review Comments:
BUDGET
Responsibilities:
Drafts and manages the Municipal Court budget.
Performance Meets Standards When:
Develops Court budget within established guidelines, including budgeting for necessary training for
employees/volunteers.
Budget goals reflect City goals where appropriate.
Page 5 of 6
Variances in the monthly budget are reviewed, reasons for variances noted and an action plan to correct is
identified and implemented if variances cannot be justified.
Self Review Comments:
TEAMWORK
Performance Meets Standards When:
Works cooperatively and effectively with employees in all City Departments, particularly those involved in
the Court such as those in the City Attorney’s Office, Police Department, City Clerk’s Office, Human
Resources Department and other departments where there is high interdependence.
Initiates constructive discussions with appropriate department directors when problems arise.
Displays sensitivity of organizational ramifications of decisions.
Accepts and offers feedback; resolves conflicts independently and effectively; responds with flexibility to
change and special needs.
Acts as liaison to other City departments and other governmental agencies to promote collaboration,
integration of systems, and facilitation of change while maintaining the integrity of the Court as a separate
but equal branch of government.
Makes presentations to various civic groups, student groups, and the general public wishing to observe the
court sessions; answers questions and clarifies issues for groups.
Self Review Comments:
COMMUNICATION
Performance Meets Standards When:
Follows and/or gives clear instructions; speaks and writes concisely, diplomatically, accurately and clearly;
gives information to those who need to know.
Renders decisive, well-founded factual findings, legal opinions, and sentencing; clearly commits to a final
decision. Exhibits confidence in decisions, without apology to persons who may disagree.
Provides accurate information regarding interpretation of all legal documents and projects within agreed-
upon time frame.
Demonstrates excellent listening, verbal and written skills, using a minimum of legalese; can translate the
law into “layperson’s” terms.
Self Review Comments:
GOALS FROM 2011*
Page 6 of 6
*These are based on the records from 2010 and the recollection of City Council. If you feel there is
something missing or something misstated, please make your edits/suggestions.
Goals Results Rating Comments
Overall
Year-end
Rating Comments
DEVELOPMENT FROM 2011*
*This section will be blank for 2011, but will be used going forward starting in 2012.
Skills/Knowledge/Experience Key Actions Timetable
GOALS FOR 2012
Goals Results Rating Comments
DEVELOPMENT FROM 2011*
*This section will NOT be used to evaluate your performance. The focus is professional aspirations/growth
opportunities. This area should be completed the Employee and City Council if desired and/or necessary.
Skills/Knowledge/Experience Key Actions Timetable
SIGNED:
City Council Date Municipal Judge Date
Page 1
Town Attorney/Municipal Judge Evaluation Criteria Review of References
Colorado State Statute References
31-4-304. Appointment of officers - compensation
The board of trustees shall appoint a clerk, treasurer, and town attorney, or shall provide by ordinance for the
election of such officers, and may appoint such other officers, including a town administrator, as it deems
necessary for the good government of the corporation, and it shall prescribe by ordinance their duties when the
same are not defined by law and the compensation or fees they are entitled to receive for their services. The
board of trustees may require of them an oath of office and a bond, with surety, for the faithful discharge of
their duties. The election of officers shall be at the regular election, and no appointment of any officer shall
continue beyond thirty days after compliance with section 31-4-401 by the members of the succeeding board of
trustees.
ANNOTATION
Law reviews. For note, "Rights of a Holdover Trustee Under Colorado Law of 1929", see 2 Rocky Mt. L. Rev.
254 (1930).
Annotator's note. Since § 31-4-304 is similar to former § 31-3-304 prior to the 1975 repeal and reenactment of
this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the
annotations to this section.
Duties of town attorney left to board. There is no statute defining the duties of town attorneys of incorporated
towns, but under the provisions of this section, it is left to the board of trustees of such a municipality to fix and
determine the character of services to be rendered and compensation to be paid to its attorneys. Kinzie v.
Haxtun, 97 Colo. 456, 50 P.2d 545 (1935).
Decisions by town attorney and manager are discretionary as a matter of law and entitled to official immunity if
such decisions are of a judgmental, planning, or policy nature and the officials are acting in their official
capacities and not outside the scope of their offices. Troxel v. Town of Basalt, 682 P.2d 501 (Colo. App. 1984).
31-4-401. Oath of officers - bonds - waiver - declaring office vacant
(1) All officers elected or appointed in any municipality shall take an oath or affirmation, administered by the
municipal judge, clerk, or other person who is designated by the governing body or who is authorized by law to
administer oaths, to support the constitution of the United States and the state constitution.
(2) The governing body of any city or town may require, from the treasurer and such other officers as it
determines proper, a bond, with proper penalty and surety, for the care and disposition of municipal funds in
their hands and the faithful discharge of the duties of their offices. Such governing body has the power to
declare vacant the office of any person appointed or elected to any office who fails to take the oath of office or
give bond when required within ten days after he has been notified of his appointment or election, and it shall
proceed to appoint his successor as in other cases of vacancy.
ANNOTATION
Annotator's note. Since § 31-4-401 is similar to § 31-5-301 prior to the 1975 repeal and reenactment of this
title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the
annotations to this section.
Officers subject to bond requirement. The treasurer is not the only officer who may be expected to collect or
have in his hands corporation funds, because this section expressly provides for the council's requiring a bond,
with sureties, from such other officers as may have the care or disposition of such funds. Orman v. City of
Pueblo, 8 Colo. 292, 6 P. 931 (1885).
Page 2
13-10-105. Municipal judge - appointment - removal
(1) (a) Unless otherwise provided in the charter of a home rule city, the municipal court shall be presided over
by a municipal judge who shall be appointed by the municipal governing body for a specified term of not less
than two years and who may be reappointed for a subsequent term; except that the initial appointment under
this section may be for a term of office which expires on the date of the next election of the municipal
governing body. Any vacancy in the office of municipal judge shall be filled by appointment of the municipal
governing body for the remainder of the unexpired term.
(b) The municipal governing body may appoint such assistant judges as may be necessary to act or such
substitute judges as circumstances may require in case of temporary absence, sickness, disqualification, or
other inability of the presiding or assistant municipal judges to act.
(c) In the event that more than one municipal judge is appointed, the municipal governing body shall designate
a presiding municipal judge, who shall serve in this capacity during the term for which he was appointed.
(2) A municipal judge may be removed during his term of office only for cause. A judge may be removed for
cause if:
(a) He is found guilty of a felony or any other crime involving moral turpitude;
(b) He has a disability which interferes with the performance of his duties and which is or is likely to become of
a permanent character;
(c) He has willfully or persistently failed to perform his duties;
(d) He is habitually intemperate; or
(e) The municipality required the judge, at the time of appointment, to be a resident of the municipality, or
county in which the municipality is located, and he subsequently becomes a nonresident of the municipality or
the county during his term of office.
ANNOTATION
There is no violation of the due process clause in a trial before a nontenured judge. People ex rel. People of
City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976), cert. denied, 431 U.S. 966, 97 S. Ct. 2922, 53
L. Ed.2d 1061 (1977).
There is nothing to show that a trial before a nontenured judge in and of itself is sufficient to taint the fairness of
the trial, thereby denying due process or equal protection. People ex rel. People of City of Thornton v. Horan,
192 Colo. 144, 556 P.2d 1217 (1976), cert. denied, 431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed.2d 1061 (1977).
The fact that the term of office for municipal judges is not included in the exceptions in § 13-10-103 clearly
indicates the general assembly's recognition that the tenure decision lies in the hands of the citizens of home-
rule cities. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976), cert.
denied, 431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed.2d 1061 (1977).
Home-rule cities to specify terms of tenure. Subsection (1)(a), read in context with § 6 of art. XX, Colo. Const.,
makes it clear that the statute's unambiguous language offers home-rule cities the opportunity to specify the
terms under which a municipal judge holds his office. People ex rel. People of City of Thornton v. Horan, 192
Colo. 144, 556 P.2d 1217 (1976), cert. denied, 431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed.2d 1061 (1977).
The decision of a home-rule city to appoint judges removable at the will of the city council is consistent with this
section. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976), cert. denied,
431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed.2d 1061 (1977).
Likewise, a city charter that provides for the appointment of a municipal judge by the city council for a fixed
term and that limits the removal of a judge only for cause does not violate this section. Artes-Roy v. City of
Aspen, 856 P.2d 823 (Colo. 1993).
Page 3
13-10-106. Qualifications of municipal judges
(1) A municipal judge shall have the same qualifications as a county judge in a Class D county, as set forth in
section 13-6-203 (3).
(2) Preference shall be given by the municipal governing body, when possible, to the appointment of a
municipal judge who is licensed to practice law in Colorado or who is trained in the law.
(3) The municipal governing body may appoint a county judge in a Class C or D county, as defined in section
13-6-203, to serve as a municipal judge.
(4) The municipal governing body may require that the municipal judge be a qualified elector of the municipality
or the county in which the municipality is located.
13-6-203. Qualifications of judges
(1) The county judge shall be a qualified elector of the county for which he is elected or appointed and shall
reside there so long as he serves as county judge.
(2) In counties of Class A and B, no person shall be eligible for election or appointment to the office of county
judge unless he has been admitted to the practice of law in Colorado.
(3) In counties of Class C and Class D, no person shall be eligible for appointment to the office of county judge
unless he has graduated from high school or has attained the equivalent of a high school education as
indicated by the possession of a certificate of equivalency issued by the department of education, based upon
the record made on the general educational development test.
(4) Repealed.
(5) Judges-elect who have not been admitted to the practice of law shall not take office for the first time as
county judge until they have attended an institute on the duties and functioning of the county court to be held
under the supervision of the supreme court, unless such attendance is waived by the supreme court. Judges
who are attorneys and who are taking office for the first time as county judge may attend this institute if they
wish. All judges are entitled to their actual and necessary expenses while attending this institute. The supreme
court shall establish the institute to which this subsection (5) refers and shall provide that it be held when the
appointment of a sufficient number of nonlawyer county judges warrants, as determined by the chief justice.
Page 4
Municipal Code References
Chapter 2.24 - Town Officers
2.24.010 Appointment. At its first regular meeting following certification of the results of each biennial election,
the Board of Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney,
Municipal Judge and Assistant Municipal Judge, and any other officers the Board of Trustees deems
necessary for the good governance of the Town. (Ord. 10-10 §1, 2010)
2.24.020 Officers' duties. The officers shall have the following duties:
(1) Town Clerk. The Town Clerk shall attend meetings of the Board of Trustees and make a true and accurate
record of all the proceedings, rules and ordinances made and passed by the Board of Trustees. He or she
shall be the custodian of all of the Town's records. The Town Clerk 2-4 shall perform such other duties as the
Board of Trustees may prescribe. The Town Clerk is supervised by the Town Administrator and subject to the
personnel policies of the Town.
(2) Town Treasurer. The Treasurer shall receive all moneys belonging to the Town and give receipts therefor,
keep the Town books and accounts in such manner as may be prescribed by the Board of Trustees, keep a
separate account of each fund or appropriation and the debts and credits belonging thereto and sign and pay
all warrants and bills approved by the Board of Trustees. All books and accounts of the Treasurer shall always
be subject to inspection of any member of the Board of Trustees. The Treasurer shall perform all other duties,
keep all records and make all reports that are required by other provisions of this Code or by the laws of the
State. The Treasurer is supervised by the Town Administrator and subject to the personnel policies of the
Town.
(3) Town Attorney. It shall be the duty of the Town Attorney to attend meetings of the Board of Trustees as
directed by the Mayor or the Board of Trustees, to draw all ordinances, contracts and other instruments when
requested to do so, to prosecute or defend all suits brought by or against the Town, and to render such legal
service to the Board of Trustees and other Town officers as they may require.
(4) Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court. The Municipal Judge,
Assistant Municipal Judge and Clerk of the Municipal Court shall have all the powers, authority, duties and
shall follow procedures as provided therefor by the laws of the State and the rules and procedures adopted by
the Supreme Court of the State.
(5) Vacancy. In the case of a vacancy in the office of Town Clerk, Town Treasurer or Town Attorney, the
Board of Trustees shall appoint a person for the unexpired term. (Ord. 10-10 §1, 2010)
August 27, 2012
Mayor Bill Pinkham
Board of Trustees
Town of Estes Park
Estes Park, Colorado 80517
Dear Mayor and Trustees:
I regret that I was unaware of the discussion regarding an evaluation process for the
Municipal Jude being developed. I learned of it last week just before leaving on
vacation, and will not return until after your working session. I would have liked to
have had a discussion with you about some of the things being considered. Because
some of you are new to the Board I include some of the following background facts
and some of my principles as you consider the evaluation process.
Under our Municipal Code the judge is appointed for a two‐year term every other
year when the trustees first meet as a newly elected board, as was done this year.
The salary of the judge and clerk are set every other year by the trustees through
ordinance. Increases in the past were based on general percentage increases
received by other town employees.
When I began serving this position nearly twenty years ago, I began on my initiative
making an annual report to the Board through the Public Safety Committee. This
had been my experience as a Federal Magistrate for 12 years preceding my
Municipal Judge appointment. This report covers activities of the previous calendar
year and is given in February or March of each year. Trustees are given not only
facts about the year, but also areas I see of change, growth or lessening in activity.
Trustees are invited to visit court any court night.
I speak to the Citizens Information Academy, the Citizen Police Academy, and the
high school civic class. Each has critiques, the first two completed by the town staff
so should be available to you.
The municipal code has decriminalized all offenses meaning there is no jail sentence
involved. Therefore we rarely have lawyers (for either side) in court. There is no
jury right so no jury management evaluation would be appropriate. We do not
manage liquor license activities through the municipal court in Estes.
I would hope that serious consideration be given to the relationship of the court to
the legislative and executive branches. I have consistently affirmed my belief that
the integrity of the court requires separation from your legislative and executive
responsibilities. This must be in perception and actuality. Municipal Judges are the
only judicial officers in the state appointed by the legislative officers. Therefore the
independence in judgment afforded the court thereafter is very important in my
opinion particularly in a small town. It thwarts the belief that the court is just
another part of the town bureaucracy. I would not therefore put in the evaluation
that the municipal judge “shares the goals of the town” as stated in one of the
examples. Not that I don’t, but that my decisions are made solely on criminal law
and rules. This basis has given a public perception that the court acts independently
giving it credibility. In the nearly twenty years I have served there has not been one
appeal from my findings.
I wish you well in developing an effective evaluation that gives you confidence in
future appointment or reappointment consideration which does not infringe on the
independent judgment of the court, a the hallmark of our relationship to date.
Sincerely yours,
Gary R. Brown
Municipal Judge
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: August 24, 2012
RE: Future Town Board Study Session Items
September 11th
Streaming Audio/Video of Meetings
Review 2013 Board Objectives
Use of FOSH Funds
Volunteer Policy
September 25th
Bear & Wildlife Issues
Policy Governance I - Governance
October 9th
Visit Estes Park Branding Blueprint
Park Fire/Beetle Mitigation
Email Retention
October 23rd
Policy Governance I - Governance
Policy Governance II – Board/Staff
Linkage
November 13th
Strategic Plan Initiative
November 27th
Policy Governance II- Board/Staff
Linkage
Policy Governance III- Staff Limitations
December 11th
Policy Governance III- Staff Limitations
Other Items Not Currently Scheduled
for Town Board Study Sessions
• Allow B&B in E-1
• Economic Development – Town Role
• Town Real Property Assets Policy
• Logo Policy – Town Board
• Update/Revision to Comprehensive
Plan
• Finance Options for Town Projects
Town Clerk’s Office Memo