Legal Review Committee Agenda and Packet 2019 09 27

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RESOLUTION NO. XX SERIES 2019 A RESOLUTION REGARDING THE RESIGNATION OF THE MUNICIPAL COURT JUDGE AND APPROVING AN AGREEMENT FOR INTERIM MUNICIPAL JUDGE SERVICES WHEREAS, Section 9-3(b) of the Louisville Home Rule Charter provides the City Council shall appoint, by the affirmative vote of 2/3 of the entire Council, a presiding municipal judge, which judge shall serve for a two-year term, and that any vacancy in the office of municipal judge shall be filled by appointment for the remainder of the unexpired term; and WHEREAS, by an Agreement for Municipal Judge Services dated October 4, 2016 (the "Agreement"), the City Council appointed Kristan K. Wheeler as Presiding Municipal Judge for the Louisville Municipal Court for the unexpired term of the previous presiding municipal judge, for a term expiring January 2, 2018; and WHEREAS, Judge Wheeler was re -appointed by the City Council as Presiding Municipal Judge for a term ending January 2, 2020; and WHEREAS, the Agreement provides the Presiding Judge may 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; and WHEREAS, by letter dated September 17, 2019, Judge Wheeler notified the City Council in writing of her resignation as Presiding Judge and requested the City Council agree to a notice period of fewer than 30 days, so that she may begin new employment on October 1, 2019; and WHEREAS, David J. Thrower is a duly licensed attorney in the State of Colorado who has served as a deputy municipal judge in the Louisville Municipal Court, and is available to serve as Interim Presiding Municipal Judge; and WHEREAS, the proposed Agreement for Interim Municipal Judge Services, a copy of which accompanies this resolution, provides that Mr. Thrower will serve as the Presiding Municipal Judge until February 29, 2020; and WHEREAS, the time period during which Mr. Thrower will serve as the Presiding Municipal Judge will allow the City Council, some of whose members will be newly elected on November 5, 2019, to engage in a thoughtful and thorough search for a new presiding municipal judge, for a term to expire January 2, 2022; and WHEREAS, the City Council has reviewed Judge Wheeler's resignation, and the proposed Agreement for Interim Municipal Judge Services, and finds that agreeing to the shortened notice period requested by Judge Wheeler will not result in any negative impact on the proper functioning of the Louisville Municipal Court, and desires by this resolution Resolution No. XX, Series 2019 Page 1 of 2 15