Item 4DITEM 4D
M E M O R A N D U M
November 23, 2020
TO: Shana K. Yelverton, City Manager
FROM: Stacey Black, Director of Human Resources
SUBJECT: Approve the First Amendment to the Agreement with Municipal Court
Judge Carol Montgomery to provide a monthly cell phone allowance.
Action
Requested: City Council approve the First Amendment to the Agreement with
Municipal Court Judge Carol Montgomery to provide a monthly cell
phone allowance.
Background
Information: The current Judge of the Municipal Court is Carol Montgomery.
Judge Montgomery has served as the City’s Municipal Court Judge
since July 17, 2001 and has been reappointed by the City Council
ten times, most recently on July 7, 2020 with Ordinance No. 1229.
Her current term expires on July 6, 2022.
Judge Montgomery’s current agreement stipulates that the City will
provide her with a smartphone for her unlimited use in the
performance of her duties as Municipal Judge.
The City currently pays about $50 per month for the Judge’s cell
phone plan, not including any roaming or other fees when the Judge
travels. The City also purchases a new device and required
accessories approximately every two years at an approximate cost
of $1,000. In addition, IT provides her with significant technical
assistance for device replacement, ongoing maintenance, and
troubleshooting.
As a practice, the City has moved away from issuing cell phones to
employees and more commonly provides a cell phone allowance of
$50, twice per month. This allows employees to select a device they
are most comfortable with and permits them to operate one phone
for personal and professional use. In addition, it eliminates the need
for IT to provide technical assistance.
Shana K. Yelverton, City Manager ITEM 4D
November 25, 2020
Page 2
The amendment proposes the Judge be paid a cell phone allowance
of $50, twice per month. In turn, she will acquire and maintain a cell
phone to be used in the performance of her duties as Judge. The
Judge will be responsible for all expenses required for the purchase,
operation, maintenance, repair, and regular replacement of said cell
phone.
Judge Montgomery supports this change to her agreement.
A copy of the proposed first amendment to the agreement and a copy
of the Judge’s current executed agreement is attached.
Financial
Considerations: The annual cost of the proposed cell phone allowance for Judge
Montgomery is $1,200.
The City will save approximately $600 annually for cell phone
charges, plus the cost of a new device and accessories every two
years at an approximate savings of $1,000.
Also, there is an indirect savings of staff time for IT support and other
administrative tasks related to providing a cell phone to the Judge.
Strategic Link: Performance Management and Service Delivery: attract, develop,
and retain a skilled workforce.
Citizen Input/
Board Review: N/A
Legal Review: The first amendment to the agreement was reviewed by the City
Attorney’s Office.
Alternatives: City Council may deny the proposed amendment, and the City will
continue to provide Judge Montgomery with a smartphone for her
use.
Supporting
Documents: Executed Municipal Judge Agreement
Proposed First Amendment to the Agreement
Staff
Recommendation: City Council approve the First Amendment to the Agreement with
Municipal Court Judge Carol Montgomery to provide a monthly cell
phone allowance.
First Amendment to Agreement Page 1
CITY OF SOUTHLAKE, TEXAS
First Amendment to Agreement
Municipal Judge
THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 1st day of December,
2020, by and between the City of Southlake, Texas, a Municipal Corporation, chartered under
the constitution of the State of Texas as a home rule city, hereinafter referred to as “Southlake”,
and Carol Montgomery, hereinafter referred to as “Municipal Judge,” both of which parties
hereto understand and agree as follows:
WHEREAS, the Parties entered into an agreement on July 7, 2020 wherein Municipal Judge
agreed to provide Municipal Judge Services to City (hereinafter referred to as “Agreement”).
WHEREAS, the Parties now wish to amend the Agreement to adjust the cell phone allowance to
be provided to Municipal Judge for providing Municipal Judge Services to the City
NOW, THEREFORE, for an in consideration of the mutual covenants and agreements
contained within the Agreement and herein, the parties agree as follows:
I.
A. Section 2 of the Municipal Judge Agreement is hereby amended to read as follows:
1. Municipal Judge shall be paid an annual cell phone allowance of $1,200.00 to be
paid in $50.00 increments, twice per month. The Municipal Judge shall acquire and
maintain a cell phone during the term of this agreement, which shall be available for
the Municipal Judge’s exclusive and unrestricted use in the performance of her
duties hereunder. Municipal Judge shall be responsible for all expenses required for
the purchase, operation, maintenance, repair, and regular replacement of said cell
phone. In addition, Southlake will provide judge’s robe and gavel.
II.
All other terms of the Agreement remain unchanged.
In Witness Whereof, Southlake has caused this Amendment to be signed in its name by Laura
Hill, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and
the Municipal Judge has hereunto set his/her hand and seal the date first above written.
First Amendment to Agreement Page 2
Municipal Judge City of Southlake, Mayor
___________________________________ ___________________________________
Carol Montgomery Laura K. Hill
ATTEST:
_____________________________________
Amy Shelley
City Secretary
APPROVED AS TO FORM:
_____________________________________
City Attorney