A bill for an ordinance setting the salary of the district attorney for the second judicial district. Amends Section 18-95 of the Denver Revised Municipal Code to amend the salary of the District Attorney for the four-year term beginning 2021 through 2024. The Committee approved filing this item at its meeting on 12-15-20.
12 eyes. Resolution 1436 has been adopted. The next item up is Council Bill 1553. Councilman Hines, will you please put 1553 on the floor for publication? Jesse Benton, president of the Council. Will 2553 be ordered published second? Q It's been moved and seconded by Councilman Herndon. Questions or comments by members of Council. Councilwoman CdeBaca. Thank you. Madam President, I wanted to go on record voting no for this one. Asked my constituents what they felt about this salary increase, and I heard from them loud and clear that this is not a salary increase they feel is appropriate at this time. I'm wondering if there's a possibility to get a courtesy public comment when we get this on second. You know, let me check with our Madam Secretary, because that's a unique request that I don't believe we've entertained before, especially around a salary increase for an elected official. And so, Madam Secretary, or I know we have Kirsten Crawford on the line as well. Good evening. Kirsten Crawford, Legislative Counsel. And it you know, you're you're absolutely right in the sense that that is not something that we've considered before, because it is an action that has to be taken. Set with the before the term of the day begins. And it's also you know, the rationale behind the law is that they salaries shall be set for the four year term to de-politicize the the setting of the salary. Nevertheless, the rules allow the council president to have the discretion to hold a courtesy public hearing if you are deemed appropriate. And then we would have to also consider later at that time what implications, if anything, were to change in the bill, because that could trigger, you know, a new publication, which then would potentially jeopardize the deadlines that were under. And I certainly think it would be good to hear from our council parliamentarian as well. Hey, Marcus, you're here. So it does look like, you know, if there's no legal ramifications that we do not have any public hearings scheduled for January 4th, which would be the final consideration of this bill. So it would just be a request at this point if legal is allowing that. Okay. Thank you. Well, I would like to have the opportunity, since it's my decision finally to think on this a little bit and think about the ramifications, because this is for a currently elected official, but that it's also setting the salary for their. The person that comes in after them if they are not reelected. So I'd like to have a little bit of time to think about that. We've got a little bit of time before the January four council meeting, and so I will make sure and get back to you on that, Councilwoman CdeBaca And we've got a few more folks who are up in the queue, and so I'm going to go ahead and go to them. Councilman Flynn. Thank you, Madam President. If Kyrgyzstan is still here, what would trigger a republication? Of this, if this were introduced and published tonight, in your opinion, what would what would cause it to have to be delayed for another publication, which would put it beyond the date of the swearing in. If there were any changes to the. Any substantive changes, I think, to the title or the description. So the title. Yeah. Okay. I'm looking at the title. Just setting the salary. Right. I don't see how any. It's you know, it's a it's a very good point. I mean, I, I was just giving you as much information to consider since. Thank you. It's coming up last minute. Sure. And if I could ask Councilwoman Black, who chairs the committee, I apologize for my clock here. I'm a I. I'm not a member of the committee, so I did not attend it. And I had some other work that prevented me from viewing the video. But I and I did talk to the district attorney McCann, and I believe she's actually in our audience as well. But I understand that this was amended from in committee, from what was originally submitted. And I want to understand how we got to this point where the raises are set out for a year one, two, three and four. And I don't know if Councilwoman Black can answer that for me. Mm hmm. We can go ahead. She's next up in the queue. So, Councilwoman Black. Thank you. Just as a clarification, the. The bill includes no raise in 2021. Right. Right. And then a raise in 2022. Only if other city employees also get a raise and then a raise in 2023. Only if other employees get a raise. And what was amended at the request of Councilwoman Sawyer and we all agreed was that in that fourth year, the raise would also be contingent on other city employees getting a raise. So we made that amendment. Yep. All right. So is this consistent with the previous years? But as a reminder, there is no raise in 2021 at all. Right. And I did want to point out that we had public comment scheduled for fin gov and nobody signed up for it. We did have a long discussion about the proposal that McCain was there. And I think. People were satisfied with her proposal and with this amendment that Councilman Sawyer suggested. Thank you, Councilwoman. Madam President, I would I would have preferred that the raises not just be contingent on pay increases for career service individuals city citywide, but that it not be a fixed 3% in years three and four. But it be the average of these career service wages. And I did have a discussion with District Attorney McCann about this. I know that there are some inequities in the level of pay between Denver and the first judicial district, which is Jeffco Gilpin, where they are paid the DA is paid more but handles fewer cases, I believe , than than our in our district attorney's office. But I, I really would have preferred the. That the races in years three and four be pegged to the average raise for city employees rather than being its career service in 2023. Got a 2% raise, then the district attorney gets 3%. So I'm a little troubled by that. Madam President, I listen to the rest of the discussion here. Thank you. All right. Thank you. Councilman Flynn. Councilman Herndon. Thank you, Madam President. Well, as was said earlier today, just because we can doesn't necessarily mean that we should. And I appreciate Councilwoman Black giving that summary, because I was going to ask that that be done. So there's no raise for 2021 in the future. Years are contingent upon what happens with our city employees. So I'm just questioning. What will come out of a public comment in regards to that. Maybe with the exception of just encouraging council members to lower the salaries. I don't I don't know at all. But the idea of having time of we have to do this, this is and you can't just vote no, we are required to set the salaries. So it just my thought, Madam President, certainly your decision. But I that's just what I wanted to add to the comment. Thank you. All right. Thank you. Councilman Herndon. Councilman CdeBaca, we've got a couple other council members up. I'm going to go ahead and bounce to them. Councilman Kimmich. Thank you, Madam President. And to my colleagues who weren't there, Councilman Flynn, in particular, you raised a question about the amount. We did have a pretty extensive discussion that city employees don't actually get an across the board amounts. So when, for example, the city says we are going to give merit raises at the average of 2.9%. City employees might get a raise as high as 4% or as low as two, depending on their performance, depending on which quadrant they're in and, you know, where they're at in their in their particular scale. And so I think for me, I raised the point that it's very difficult to say that it will be pegged to which city employee, to the city employee who gets the best merit score to the city employee who get you know, gets the average. And so so I think that, you know, for predictability of budgeting, frankly, you know, I don't see the second issue that I raised personally was just the question that that there is no other elected official whose salary is set to be variable based on that factor that council salaries do are based. The council mayor and other elected salaries are based on a formula that looks backwards at city employee raises as part of the formula. But it's not that those but then we pick the amount and we distribute it as a certainty each year. So I think that this is already unique in saying that the salary increase may not happen at all if city employees don't get it. And I think to make it further contingent would just be a little bit inconsistent with how we treat the clerk and recorder and the auditor there. You know, the other thing that I thought was compelling is that the state of Colorado pays for more than $100,000 of this salary, which is it makes it unique as well. So just a few things that came up at committee that may or may not be important to folks, but just wanted to get them on the record since we're we're having a little version of that debate. So important questions about timing. But I also just wanted us to think about, you know, consistency between electeds who, you know, are also city wide electeds like our clerk and our auditor who are not subject to those conditions. Thanks. All right. Thank you, Councilman Canete. Councilman Hines. Thank you, Mr. President. Councilmember Flynn, I have the same question as Councilmember Orange said. We did we did talk about that. And and because of the timing, it just made it difficult to do a lot of the detailed discussion beyond what councilmember. So the only other thing that that I mentioned that that I want to put on the record is it was alluded to by President Gilmore, and that was we I hope that we have a day of color or even better, a woman of color who is our district attorney at some point. And if we if we start all races now, then that makes the position less competitive for for attorneys who can make way more money in the private practice and not have their houses physically protested or personally in person protested, or have all of their decisions open for scrutiny. So, you know, I it's it's a lot of money. It's more money than I've ever made. But but I'm also not a well qualified attorney. And and so, again, hopefully someday we can have an idea of color or even better, a woman of color. And I wouldn't want there to to be a huge deficit between what the D.A. makes and what what private attorneys make. Thank you, Madam President. All right. Well, thank you, Councilman Hines, and your backup, Councilwoman CdeBaca. We have this on the floor to vote on its publication. So after your comments, we're going to go ahead and vote on the publication of this. Awesome. Just a quick comment and a question. The comment is regarding having the public input session at committee ten 3130 in the day is often a major challenge for regular people to be able to tune in and participate because many of them are working all day long and don't have the ability that we have to set aside time and do some public testimony. And so I understand that it happened that finger and believe that the public should have an opportunity any time they like to address us, especially if the things that they're planning to address are going to be helpful for us in the future. And my question for Kirsten is we know this has to the salaries need to be set, but because the salary needs to be set, does that mean it needs to also be increased? Kirsten Crawford Legislative Council. It's a good question. No, there's no requirement to increase. It could be frozen over the four year period. That is a decision that council needs to make prior to the term of office beginning. Got it. Thank you very much. That's it from my questions. All right. Thank you, Councilwoman. Councilman Flynn, your backup. Just quickly, Madam President. Thank you. I am going to vote yes to publish because we have to have this finalized by the next meeting. So there's no doubt about that. But I am uncertain on the amount of the raise as as is Councilwoman CdeBaca. So I want to I will talk more with colleagues and with the D.A. and with others over the holiday. And and. Kirsten, I suppose that we could amend this on final because we're not changing the title. Correct. Silence means consent. Right. I'm not sure about that. Well. Just assume they're sending a child back in there. I'll just assume it does. And I do understand, as Councilwoman Kennedy said, that the the merits of the pay raises for career service are that they have an average and everybody gets something different depending on performance. But I would have much rather seen this pegged to the actual career service average overall raise rather than 3% no matter what career service gets. Thank you. Very good. Thank you, Councilman Flynn. And so the motion on the floor is to order Council Bill 20 Dash 1553 ordered published. Madam Secretary, roll call. CDEBACA No. Clark. I. When I. Herndon. I. Hi. Hi. Cashman High. Image. I. Ortega. Sandoval. I. Sawyer. I. Torres, I. Black I. Madam President. I. Madam Secretary, close the voting and announce the results. One knee. 11 eyes. 11 eyes. Bill 1553 has been ordered published. That concludes the items to be called out. All other bills for introduction are ordered published. Council members remember this is a consent or a block vote and you will need to vote. Otherwise, this is your last chance to call out an item for a separate vote. Councilman Hines, would you please put the proclamations and resolutions for adoption and the bills for final consideration, for final passage on the floor? Thank you, Madam President. I hope that the proclamations and resolutions be adopted and bills on final consideration be placed on final consideration and do pass for a block for the following items. 20 Dash 1560 420 Dash 1430 420 Dash 1430 920 Dash 14 2020 Dash 14, 26, 20 Dash 14, 2720 Dash 1437, 29, 1438, 20 Dash 11 7120 Dash 13, 1120 Dash 13 1320 Dash 1340 220 Dash 1340 420 Dash 1340 520 Dash 1380 620 Dash 1401 20 Dash 1406 2514 1220 Dash 14 1320 Dash 1430 320 Dash 1409 20 Dash St 1341. Thank you. It has been moved. Again. Thank you, Councilman Sawyer. Madam Secretary, roll call, please. Whack. I see tobacco. I. Clark. All right. Flynn. I. Herndon. I. Hynes. All right. Cashman. I can eat. I. Sandoval. Ortega's still here. Oh, I apologize, Ortega. I. Sandoval. I. Sawyer. I. Torres. I. Madam President. I. Madam Secretary, closed the voting and announced the results. 13 eyes. 13 eyes. The proclamations and resolutions have been adopted and bills have been placed upon final consideration and do pass. The pre recess announcement tonight there will be a required public hearing on Council Bill 1177, changing the zoning classification for 3621 Lowell Boulevard. A required public hearing on Council Bill 1180 for changing the zoning classification for 2567 Albion Street, a required public hearing on Council Bill 1399 designating 910 Galapagos Street as a structure for preservation and a one hour courtesy public hearing on Council Bill 144 for renaming Columbus Park, located at 1501 West 38th Avenue as La Rosa Park. Anyone wishing to speak on any of these matters must go online to sign up during the recess. If there are no objections from members of council, we will take a ten minute recess. Council members, please remember to turn off your cameras and meet your microphones and we will return at 6:24 p.m..