Municipal Court Judge & Liquor Licensing Authority Hearing Officer

Request for Proposal :

Town of Frederick Municipal Court Judge Services and Liquor Licensing Authority Hearing Officer

Date of Issue : May 16, 2024

Proposal Closing Date and Time : May 31, 2024, 5 : 00 P.M.

Proposal must be received prior to closing date and time above.

RETURN TO : Town of Frederick

Town of Frederick

Jason Meyers, Town Attorney

401 Locust Street

PO Box 435 Frederick, CO 80530

jmeyers@frederickco.gov

THIS REQUEST FOR PROPOSAL ( RFP ) IS NOT A COMPETITIVE BID BASED ON PRICE ONLY. The request for proposal allows the Town of Frederick, Colorado to select the service provider that best meets the needs of the Town, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the Town’s policies, programs, administrative resources, culture, and budget.

REQUEST FOR PROPOSAL

Our judge of 15 years has taken a full-time position with another municipality. Therefore, the Town of Frederick is seeking a qualified Colorado licensed attorney to serve as the Presiding Judge of the Town of Frederick Municipal Court.

In addition, the Presiding Judge will serve as the Hearing Officer for the Local Liquor Licensing Authority. The Town is requesting proposals from qualified candidates for an initial term of appointment and contract to start July, 2024 through April 2026, subject to future optional renewal terms upon mutual agreement.

Proposals are to be addressed and delivered to the Town Attorney for the Town of Frederick. Proposals will be received until the Proposal Closing Date and Time set forth in this RFP.

After an initial screening and interview by staff and two elected officials, the Town Board of Trustees will conduct final interviews on a date and time to be decided.

COMMUNITY BACKGROUND

Incorporated in 1907, the Town of Frederick comprises 14 square miles of area approximately 20 miles north of Denver. In the center of the Carbon Valley, the Town of Frederick has seen significant growth over the last ten years and now has a population of about 16,000.

Community members enjoy unparalleled views of the Rocky Mountains and recreational opportunities abound throughout the community’s trails, parks, and open space.

Educational amenities and community involvement opportunities allow Frederick’s residents to take an active role in shaping the place they are proud to call home.

Selected in 2021 as the Safest City in Colorado and 13th safest small town in the nation by Safewise.com, the Town of Frederick is Built on What Matters™.

The Town of Frederick is a statutory municipality that operates a municipal court of record that hears and determines cases arising under the Town’s Municipal and Land Use Codes including municipal ordinance violations, encompassing traffic and parking violations, criminal violations, juvenile violations, as well as nuisance and land use code violations.

Law enforcement services for the Town are provided by the Town of Frederick Police Department. At present, the Town has had one Presiding Judge and one Alternate Judge.

Prosecution is provided by the Town Attorney’s Office.

The Municipal Court is supported through the Town Clerk’s Office and one Assistant Town Clerk is assigned the duties of Court Clerk for the Municipal Court.

The Municipal Court currently convenes one regular session on the second Thursday of every month. Trials and hearings are set as needed.

Generally, court sessions run from 8 : 00 a.m. to 1 : 00 p.m.

The Town of Frederick currently has 12 liquor licenses throughout the Town. This number is poised to grow as additional retail shopping amenities are constructed and open for business as the community continues to develop.

Liquor license hearings are infrequent and set on an as-needed basis.

SCOPE OF WORK

The currently appointed Presiding Municipal Judge is set to vacate the bench on May 31, 2024. The Town has a relief judge who will handle the dockets for June and July of 2024.

In accordance with the Town’s procurement policies, this RFP seeks proposals to fill the role of Presiding Municipal Judge for an initial term commencing in June, 2024, through April / May 2026, in conjunction with the regularly scheduled election.

In order to comply with applicable I.R.S. requirements, the Presiding Municipal Judge is considered to be a part-time salaried employee of the Town of Frederick.

The appointment to Presiding Municipal Judge is to be memorialized by a contract between the Presiding Municipal Judge and the Town.

Re-appointment for additional two-year terms, subsequent to the Town’s regular elections, will be subject to evaluation by the Board of Trustees.

The Presiding Municipal Judge will also serve as the Hearing Officer for the Town of Frederick Liquor Licensing Authority.

The Liquor Licensing Authority consists of a sole Hearing Officer. The Town Clerk’s Office acts as secretary to the Local Liquor Licensing Authority and handles administrative functions and approvals within the scope provided by the Town of Frederick Ordinances.

Generally, acting as the Hearing Officer consists of approximately one hour / month. Liquor Licensing hearings will be scheduled once a month as needed in the afternoon following the regular Municipal Court docket.

QUALIFICATIONS AND REQUIREMENTS

The ideal candidate understands the Court is the face of the Town for many and will undertake the role with a desire to facilitate the Town’s goals of fostering compliance with applicable laws balanced with the need to ensure that court attendees are confident that justice was fairly served.

Demonstration of impeccable character, integrity, reputation, judgment, experience, and efficiency coupled with a commitment to the Town’s core FRED values Family, Respect, Empowerment, and Dedication is required.

The Presiding Municipal Judge must be a currently licensed Colorado attorney, preferably with experience on the bench in a Colorado municipal court of record.

The appointed Presiding Municipal Judge is expected to attend all regular court sessions (exigent circumstances permitted), or to indicate in the proposal the number of sessions annually that he / she / they will not be in attendance.

Presiding Municipal Judge Services include, but are not limited to :

• Conducting arraignments, trials, hearings, sentencings, and case dispositions.
• Coordinating with Town staff to establish standards and procedures for the operation of the court.
• Remaining abreast of changes in the law that affect the operations of the municipal court and assisting in the training of court staff and police department as appropriate.
• Learning the Court’s software system, Tyler Technologies : Municipal Justice 10.
• Issuing written and / or oral findings and judgments when necessary.
• Managing the courtroom when in session to ensure efficiency, orderliness, and justice.
• Explaining the laws and legal system to defendants and ensuring that all defendants understand their rights and, if applicable, knowingly waive their rights.
• Evaluating evidence, testimony, and legal pleadings.
• Interpreting and applying appropriate ordinances, municipal code provisions, and / or regulations.
• Imposing fines and penalties as prescribed by the municipal code of ordinances.
• Ordering and enforcing contempt, failure to appear, abatement of nuisance, and other requirements of the municipal code.
• Provide regular updates of court matters to the Board of Trustees.

Acting as the Liquor Licensing Authority in the capacity of Hearing Officer, the Presiding Municipal Judge is expected to attend all liquor licensing hearings (exigent circumstances permitted).

Hearing Officer for the Local Liquor Licensing Authority Services include, but are not limited to :

• Coordinating with Town staff to establish necessary procedures for the Local Licensing Authority.
• Having sufficient knowledge and expertise to apply and enforce the State of Colorado Beer Code, Liquor Code, Special Events Code, and Code of Regulations.
• Remaining abreast of changes in the law that affect Liquor Licensing.
• Being available to review liquor license applications for transfers of ownership, modification of premises, etc.
• Conducting hearings, including hearings for violations.
• Issuing written and / or oral findings when necessary.

PROPOSAL REQUIREMENTS

Submitted proposals should address the following issues / questions in the order presented.

1. A current resume that describes candidate’s ability to meet the following required or desired qualifications :

• Attorney at law admitted to practice in Colorado.
• Experience on the bench in a Colorado Municipal court of record.
• Knowledge of State of Colorado Beer Code, Liquor Code, Special Events Code, and Code of Regulations.

2. Describe your ability, capacity, and skill as a judge or attorney and ability to provide the services as outlined in this Request for Proposals and adaptability of services to meet the needs of the Town.

3. Describe your approach to the enforcement of laws through the municipal court, appropriate accountability, interactions with juvenile defendants, and generally how to reduce recidivism.

4. Describe how you and others with whom you have worked view your reliability, character, integrity, reputation, judgment, experience, and efficiency.

5. Describe any municipal court judgments that you have issued that were subject to an appeal and the outcome of such appeal(s).

6.Describe your ability / willingness to learn or familiarity with the Town’s software program (Tyler Technologies : Municipal Justice 10).

7.Describe your ability to interact with defendants, witnesses, victims, attorneys, and other visitors to the court in a professional, congenial manner.

8. Describe how you envision your working relationship with the Town’s Mayor and Board of Trustees.

9. Describe your preferred working relationship with Town staff including the Court Clerk, Town Manager, Town Attorney, and Police Chief.

Describe your expectations of the Town staff as the Presiding Municipal Judge.

10. Describe your philosophy and approach to community involvement and outreach.

11. Describe any conflicts or potential conflicts of interest you may have while sitting as Judge or Hearing Officer.

12. Describe your existing work load and how you will fit this contract into your existing work priorities.

13. Provide a list of references the Town may contact with whom you have worked in the past five (5) years. If you have provided municipal court judge services to municipal or government clients in the recent past, please submit municipal or government client references as well.

14. Describe your knowledge of the State of Colorado Beer Code, Liquor Code, Special Events Code, and Code of Regulations.

15. Cost Proposal. To remain compliant with applicable I.R.S. standards, this position will be treated as a part-time salaried employee of the Town.

Please provide your preferred annual rate for the services contemplated herein.