Legal Review Committee Agenda and Packet 2019 09 27

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1 3. Services. The Presiding Judge shall preside over the regularly -scheduled sessions of the Louisville Municipal Court (approximately six two per month) and over such other Municipal Court sessions as may be necessary for the proper functioning of the Court. The Presiding Judge shall perform all such duties and exercise all such powers as are required of and vested in a municipal court judge by the Louisville Home Rule Charter and Louisville Municipal Code, and other applicable laws, regulations, and codes of conduct (including but not limited to the Colorado Code of Judicial Conduct) that are applicable to the position. The Presiding Judge shall also perform the administrative duties of a presiding municipal judge and perform the swearing in of City elected officials and police officers. 4. Removal or Resignation; Termination. During the term, the Presiding Judge may be removed from office by the affirmative vote of two-thirds of the entire City Council for cause, as set forth in Section 9-3 of the Louisville Home Rule Charter. The Presiding Judge may also voluntarily resign by providing at least 30 days' advance written notice to the City Council, unless a shorter notice period is agreed to by the City Council. In the event of any such removal or resignation, or any other termination of this Agreement prior to the expiration of the term, the Presiding Judge shall be paid solely for services rendered through the effective date of such removal, resignation or termination. 5. Compensation. Pursuant to Section 9-3 of the Louisville Home Rule Charter, the compensation of the Presiding Judge is established by the City Council and is not dependent upon the outcome of the matters to be decided by the judge. Pursuant to Ordinance No. 1706, Series 2015 (codified at Louisville Municipal Code Section 2.32.050), the Presiding Judge shall receive as full compensation for the Presiding Judge's services the amount of $2,600 per month (not to exceed $31,200 yearly), which monthly payment amount shall be prorated on a daily basis for the days of service in the first and final month of the term. The Presiding Judge shall submit monthly an invoice for services for the preceding month. The City shall pay the invoice within 30 days of receipt thereof. 6. Additional Judges. The City may employ, at the City's expense, such other additional judges as the City determines to be necessary or otherwise in the best interest of the City during the term of this Agreement. 7. Independent Contractor Status. The Presiding Judge shall be an independent contractor and not an employee of the City and shall make no representation that she is a City employee for any purpose. Further: a. No Payment of Employment Taxes or Other Withholdings. The City shall not withhold or pay or be obligated to withhold or pay any payroll or employment taxes (including, but not limited to, FICA, FUTA, federal personal income tax, state personal income tax, state disability insurance tax, state unemployment insurance tax, and state worker's compensation insurance tax) or other amounts with respect to any services performed by or fees paid or expenses reimbursed to the Presiding Judge. 2 12