Resolution No. 07-60 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07-(0 U
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING AN EMPLOYMENT
ARE EMENT WITH MICHAEL J. O'BRIEN, MUNICIPAL, COURT JUDGE
WHEREAS, Section 10 of the Tigard City Charter provides for the office of Municipal Judge and
Section 21 establishes the judge as an officer of the City; and
WHERE,AS, Michael O'Brien served as a Municipal Court Pro-tem Judge from October 23, 1989 to
June 30, 1992 and has seared as Municipal Judge since July 1, 1992; and
WHERE,AS, the Tigard City Council has found Judge O'Brien's performance to be satisfactory; and
WHEREAS, the new agreement changes the Judge's employment status from independent contractor
to employee as directed by Internal Review Ser6ce.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: An employment agreement is entered into by mutual agreement of the parties as set
forth in d-ie attached Exhibit "A." This agreement will take effect September 25, 2007,
and shall repeal and replace all prior verbal and written agreements.
SECTION 2. This resolution is effective ulunediately upon passage.
PASSED: This day of 2007.
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Mayor- ity of Tigard
ATTEST:
City Recorder - City of Tigard
RESOLUTION NO. 07 - �U
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CITY OF TIGARD EMPLOYMENT
AGREEMENT
CITY OF TIGARD EMPLOYMENT AGREEMENT
TABLE OF CONTENTS
Introduction P. 2
Section 1: Term and Anniversary Date p. 2
Section 2: Employment, Duties, and Authority p. 2
Section 3: Compensation p. 2
Section 4: Hours of Work P. 3
Section 5: Performance Evaluation p. 3
Section 6: Vacation Leave p. 3
Section 7:� Professional License and Professional Development p. 3
Section 8: Termination p. 3
Section 9: Resignation P. 3
Section 10: Indemnification p. 4
Section 11: Other Employment p. 4
Section 12: Other Terms and Conditions of Employment P. 4
Section 13: Notices P. 4
Section 14: General Provisions p. 5
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City of Tigard Employment Agreement
Introduction
This Agreement, made and entered into this 25t', day of September by and between the City
of Tigard, Oregon, a municipal corporation, (hereinafter called "City") and Michael J.
O'Brien, {hereinafter called "Employee"), both of whom agree as follows:
Section 1: Term
A. The term of this Agreement shall be for two years, commencing on
September 25, 2007. This Agreement shall automatically be renewed on the
Anniversary Date for a one year term unless notice that the Agreement shall
terminate is given at least 60 calendar days before the Anniversary Date.
B. The Anniversary Date of this Agreement shall be September 25, 2008 and annually
thereafter.
Section 2: Employment, Duties, and Authority
The City agrees to employ Employee as Municipal Court Judge to perform the
functions and duties of that position. The authority of Employee, consistent with
State law, City Charter or ordinance, shall include, but not be limited to the following:
• Preside over arraignments, trials, and hearings for the following case types: civil
infractions, criminal cases, juvenile violations, traffic violations, tow hearings and
parking citations;
• Oversee the Municipal Court judicial function;
• Update court orders and rules as needed;
• Provide an annual report to City Council;
• Research and additional projects as agreed to by the Municipal Court Judge and
Administrative Services Manager.
Section I Compensation
A. Base Salary: The City agrees to pay the Employee an annual salary of$45,000 for
approximately 525 hours of work, in instalhrnents at the same time and in the same
manner that the other employees of the City are paid.
B. At any time during this agreement, if the court's caseload changes significantly, and
results u1 a substantial change in the Employee's hours, both parties agree to negotiate
an appropriate adjustment in the Employee's compensation.
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Section 4: Hours of Work
The hours in which court are held is set by Order. If court will be held outside of the
pre-deterinined hours it will be with the consent of the Employee or a pro tem judge
will be assigned. The City recognizes the Employee will be working hours, outside of
those indicated in the Order, on administrative functions and special projects.
Section 5: Performance Evaluation
The City Council may conduct performance evaluations of the Employee as they
deem appropriate.
Section 6: Vacation Leave
To allow the Employee the opportunity to schedule vacation during a fiscal year, the
City will compensate a pro tem judge for up to 16 hours of service to preside over
court. The time does not accrue from fiscal year-to-fiscal year.
Section 7: Professional License and Professional Development
A. The Employee is required to maintain a current license with the Oregon State Bar and
be a member in good standing. If Employee does not maintain his license or is not in
good standing his employment may be ternunated without 60 days notice.
B. The City encourages the professional growth and development of the Employee and
encourages participation in seminars and conferences related to his duties as
Municipal Court Judge. The City agrees to pay for associated expenses to the extent
that the expenses are reasonable and necessary, as deterinined by the City, subject to
availability of funds and as approved in the City's annual budget.
Section S: Termination
As provided by Section 2.16.020 of the Tigard Municipal Code, removal of the
Municipal Court Judge by the Mayor shall require the prior consent of a majority of
the full Council recorded at a public meeting. Cause shall not be required for
removal of the Municipal Court Judge.
Section 9: Resignation
Nothing in this Agreement shall prevent, 1.iznit or otherwise interfere with the right of
the Employee to resign at any time, subject only to the provisions set forth in this
Agreement. In the event that the Employee voluntarily resigns his position with the
City, the Employee shall provide a minunuin of 60 days notice in order to resign in
good standing with the City, unless the parties agree otherwise.
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Section 10: Indemnification
To the full extent permitted by late, the Employer shall defend, save harmless and
indemnify the Employee against any tort, administrative proceeding or action, or
demand or other legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring within the course and scope of the Employee's
duties as Municipal Court Judge unless the act or omission involved gross negligence
or willful or wanton conduct under which circumstance the Employee shall be
responsible for any and all damages, costs and fees caused by the misconduct or gross
negligence himself. The Employee's actions within the course and scope of his
employment shall be indemnified by the City until the statute of limitations has
expired without regard to his continued employment with the City.
Legal representation, provided by the Employer for the Employee, shall extend until
a final determination of the legal action including any appeals brought by Employer
or other party. Any settlement of any claitm must be made with prior approval of the
Employer in order for indemnification, as provided in this Section, to be available.
The Employee recognizes that the Employer shall have the right to compromise or
settle any claim, suit, proceeding or action.
Section 11: Other Employment
The Employee may accept other employment, including assignment as a pro-tem
judge other courts, provided that such employment does not interfere with his duties
as Municipal Court Judge as set forth herein.
Section 12: Other Terms and Conditions of Employment
The City may fix such other terms and conditions of employment relating to the
performance of the Employee, as it may determine from tithe to time, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of
this Agreement, the City of Tigard Charter or any other lay.
Section 13: Notices
Notice pursuant to this Agreement shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
(1) CITY: Craig Prosser, City Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
(2) EMPLOYEE Michael J. O'Brien
PO Box 711
Forest Grove, OR 97116
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Alternatively, notice required pursuant to this Agreement may be personally
delivered.
Section 14: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the City and the Employee relating to the employment of the Employee by
the City. Any prior discussions or representations by or between the parties are
merged into and rendered null and void by this Agreement. The parties by mutual
written agreement may amend any provision of this Agreement during the life of the
Agreement. Such amendments shall be incorporated and made a part of this
Agreement.
B. Binding Effect. This Agreement shall be binding on the City and the Employee.
C. Effective Date. This Agreement shall become effective on September 25, 2007.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement «rill
not affect the validity of any other provision. In the event that any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be in
full force and effect as if they have been executed by both parties subsequent to the
expungement or judicial modification of the invalid provision.
E. Attorneys Tees. In the event suit or action is instituted to interpret or enforce the
terms of this Agreement, the prevailing party shall be entitled to recover from the
other party such suuns as the court may adjudge reasonable as attorney's fees and
court costs prior to settlement, at trial, or upon appeal of such suit or action.
T. Modification or Amendments. No amendment, change, or modification of this
Agreement shall be valid unless in writing and signed by the Mayor and die
Employee.
G. Waiver. Failure of either party at any time to require performance of any provision
of this Agreement shall not limit the parties' rights to enforce the provision or
provisions, nor shall any waiver of any breach of any provision or provisions be a
waiver of any succeeding breach of the provision itself or any other provision.
Craig Dirksen, Mayor Michael J. O'Brien
Date Date
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