Item 6AITEM 6A
ICITY OF
SOUTHLAKE
MEMORANDUM
April 14, 2021
TO: Shana K. Yelverton, City Manager
FROM: Stacey Black, Director of Human Resources
SUBJECT: Ordinance No. 1239, 2nd Reading, appointing Lindsay Kinzie as the
Associate Judge of the Municipal Court of Record and authorizing
the Mayor to execute an employment agreement with the Associate
Municipal Judge
Action
Requested: City Council approval of Ordinance No. 1239, 2nd Reading,
Appointing Lindsay Kinzie as the Associate Judge of the Municipal
Court of Record and authorizing the Mayor to execute an agreement
with the Associate Municipal Judge.
Background
Information: The Associate Municipal Court Judge position is currently vacant.
City Council discussed the process to appoint an Associate Judge
during Executive Session at the February 16, 2021 City Council
meeting. During that meeting, Council directed staff to work with
Judge Montgomery to recommend a candidate to fill the vacancy.
Judge Montgomery interviewed three candidates and ultimately
selected Lindsay Kinzie to recommend for the position.
Ms. Kinzie was licensed to practice law in 2008. She has served as
an Assistant District Attorney for the Tarrant County District
Attorney's Office, as a Criminal Defense Attorney, and most recently
as the Legal Program Director for The Gatehouse in Grapevine,
Texas. A copy of her resume is attached.
Ms. Kinzie satisfies all the qualifications and conditions of the
Southlake City Charter, which include:
• the individual must be a licensed attorney in good standing;
• the individual must be licensed to practice in the State of
Texas; and
• the individual must have two or more years of experience in
practicing law in Texas.
Shana K. Yelverton, City Manager
April 14, 2021
Page 2
ITEM 6A
The Associate Judge serves as Judge when Judge Montgomery is
unavailable due to illness, continuing legal or judicial education
programs, or any other reason.
Ordinance No. 1239, included in your packet, authorizes the
appointment of Lindsay Kinzie as Associate Municipal Court Judge
for the City of Southlake for a two-year term through April 30, 2023.
It also authorizes the Mayor to execute an employment agreement
with Ms. Kinzie to establish the compensation and benefits of the
Associate Judge. A copy of the proposed employment agreement is
included in the packet.
Financial
Considerations: The hourly rate proposed for the Associate Judge is $55.00 per hour
and is within budget.
Strategic Link: Performance Management and Service Delivery: Collaborate with
select business partners to implement service solutions.
Citizen Input/
Board Review: N/A
Legal Review: The Ordinance and employment agreement were reviewed by the
City Attorney's Office.
Alternatives: City Council may appoint Ms. Kinzie or seek other applicants as
desired. City Council may approve or modify the attached Ordinance.
Supporting
Documents: Ordinance No. 1239
Ms. Kinzie's Resume
Proposed Employment Agreement
Staff
Recommendation: City Council appointment of Lindsay Kinzie as the Associate Judge
of the Municipal Court of Record and authorize the Mayor to execute
an employment agreement with the Associate Municipal Judge.
CITY OF SOUTHLAKE
ORDINANCE NO. 1239
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING
LINDSAY KINZIE AS ASSOCIATE JUDGE OF THE MUNICIPAL COURT
OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE
MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH THE
ASSOCIMUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council has adopted regulations governing its municipal court
of record in Article II of Chapter 8 of the Code of Ordinances of the City of Southlake,
Texas, as amended; and
WHEREAS, Chapter 30 of the Texas Government Code relating to municipal
courts of record provides that the associate judge of the municipal court of record shall
be appointed by the City Council by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
In accordance with the Code of Ordinances of the City of Southlake, Texas, as
amended, Lindsay Kinzie is hereby appointed as Associate Municipal Judge of the
municipal court of record in the City of Southlake, Texas, for a term of two (2) years,
effective May 1, 2021. The term expires on April 30, 2023.
SECTION 2.
Page 1
The Mayor is hereby authorized to execute an employment agreement with the
Associate Municipal Judge to establish compensation and benefits.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Southlake, Texas, as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event the conflicting provisions of such ordinances and such Code are
hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
Page 2
PASSED AND APPROVED ON FIRST READING THIS DAY OF
2021.
LAURA K. HILL
MAYOR
ATTEST:
AMY SHELLEY
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
2021.
LAURA K. HILL
MAYOR
ATTEST:
AMY SHELLEY
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 3
Education
Juris Doctor (cum laude)
Texas Tech University School of Law, Lubbock, Texas
G.P.A. 3.333 (Top 21 %)
Honors:
• CALI Award for Academic Excellence: Criminal Law, Interviewing and Counseling
Leizal Activities:
• Criminal Justice Clinic — selected to aid the Lubbock County Municipal Court in prosecuting Class C misdemeanors
• Board of Barristers Vice -Chair of Administration (2007-2008)
• Associate Member of the Board of Barristers — Ranked No. l out of over 175 students
• Board of Barristers Advanced Advocacy Competition:
➢ Mock Trial Competition, Champions, Voted overall BEST ORALIST
B.B.A. in Marketing (summa cum laude)
Abilene Christian University, Abilene, Texas
G.P.A. 3.92
0 Deans List (eight semesters)
Licenses and Certifications
State Bar License No. 24058575
• Licensed to practice law on November 7, 2008
Texas Mediation Certificate
• Completed state required 40 hours of mandatory legal education to mediate civil and criminal disputes
Awards/Appointments
Awards:
• Voted 2020 J. Chrys Dougherty Legal Services Award Recipient — State Bar of Texas — Legal Access Division
• Voted 2019 Top Attorney for Nonprofits — 360 Magazine, Fort Worth, Texas
• Voted 2009 Top Attorney for Banking Law — Fort Worth Magazine, Fort Worth, Texas
Appointments:
• Crime Victim Institute Advisory Council — Appointed in May 2020 by Governor Gregg Abbott to serve 2 -year term
Legal Experience
Legal Program Director
The Gatehouse — Grapevine, Texas (October 1, 2017 — Current)
Direct and manage the nonprofit organization's legal efforts to represent women overcoming crisis by removing all legal
barriers and providing access to justice, enabling members to become financially independent and fully self -supportive
• Oversee the intake, legal assessment, litigation implementation, and resolution efforts of over 75+ women's legal
cases annually; Responsible for all program budgeting, vendor contracts, grant reporting, and volunteer legal clinics
• Manage and develop relationships with contracted and pro bono attorneys in family/tax/civil litigation efforts that
result in the most effective and efficient outcome for members to achieve legal stability
• Provide direct representation to members in criminal defense, consumer law, crime victim's assistance, and
landlord/tenant law to eliminate barriers hindering employment, housing, or financial credit
• Lead organization's legal awareness efforts at the community and state level to advocate for volunteer support and
legislative action in the areas of domestic violence, financial abuse, crime victim's assistance, coerced debt, and
driver's license relief; Served on the Texas Coalition for Coerced Debt — 2019 (Austin)
Director of Marketing and Development
Valiant Hearts (We Are Cherished, Incl — Colleyville, Texas (September 1, 2015 — July 15, 2017)
Lead in developing and implementing all marketing and strategic development efforts to expand and diversify organization's
'donor base through individual giving, annual giving, private/public grants and special annual events
• Provided legal advocacy and supportive services, including crisis intervention, for victims of physical/sexual assault
and human trafficking; acting legal advocate on steering committee for Fort Worth's Human Trafficking Task Force
• Researched, drafted and secured federal grant and private funding for key programming positions and managed all
reporting, auditing, budgeting and compliance requirements from application to approval and utilization
• Designed and implemented organization's desired brand image, messaging, web design and print publications for
relaunch of brand
Criminal Defense Attorney — Of Counsel
Barnett, Howard & Williams, PLLC — Fort Worth, Texas (February 28, 2013 — January 15, 2016)
Acted as an associate attorney responsible for privately hired and court-appointed criminal cases facing allegation, grand jury
indictment, and/or trial by the District or City Attorney
• Served as lead defense counsel on felony and misdemeanor criminal cases in Tarrant, Dallas and Denton County
• Advocated for and encouraged clients to successfully complete court supervised diversion programs that promote
therapy/counseling and behavioral accountability in exchange for a reduced or dismissed charge
• Responsible for managing private caseload, accounts receivable from clients and appointed courts, and managed all
expenses, taxes and accounts payable for private practice cases
Assistant District Attorney — Misdemeanor Division (September 2, 2010 —September 1, 2011)
Tarrant County -District Attorney's Office — Fort Worth, Texas
Served as a government official responsible for investigating and evaluating the factual basis of filed misdemeanor and felony
cases and prosecuting or resolving those cases through plea negotiations, dismissal or trial
• Presented evidence and argued thoroughly researched relevant case law and code at evidentiary hearings and served
as Lead or Co -Counsel in 15+ misdemeanor jury and bench trials
• Interviewed, instructed and advised police officers, witnesses and victims in regard to criminal proceedings and
procedure, prospective complaints, hearings, trial preparation and strategy
• Evaluated, investigated, prepared and presented evidence for felony DWI arrests to the Grand Jury for indictment
• Monitored active court, dismissal and trial dockets of misdemeanor cases and drafted motions, subpoenas and other
necessary court filings to adequately prosecute and resolve those cases
Attorney - Associate (August 25, 2008 — July 31, 2010)
Brown Pruitt Peterson & Wambseanss, P.C. — Fort Worth, Texas
Served as an associate attorney with a reputable local Fort Worth civil law firm and provide legal assistance, advice and counsel
regarding legal rights, privileges, and obligations for clients and ad litem appointments
• Assist senior level attorneys with investigation, witness preparation and strategy for depositions, hearings, and
negotiations for administrative and trial proceedings
• Research and analyze complex legal questions and issues and prepare legal memoranda, discovery, briefs and legal
filings; draft contracts, corporate filings, releases, liens, leases, deeds, and estate documents
• Responsible for client contact, analysis and management of cases in the areas of general civil litigation, oil and gas
law, commercial litigation, debt collection, insurance defense and adoption law
Special Awards/Proiects
Nootbaar Institute/Global Justice Program — Pepperdine University School of Law — Kampala, Uganda (June 2017)
• Trained both law students and defense advocates in the process of plea bargaining to assist in encouraging legal reform
and advancement of human rights for accused individuals on remand within the Ugandan criminal justice system
SOUTHLAKE
A
CITY OF SOUTHLAKE, TEXAS
Employment Agreement
Associate Municipal Judge
THIS AGREEMENT, made and entered into this 1st day of May, 2021, 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 "City", and Lindsay Kinzie, hereinafter
referred to as "Associate Municipal Judge," both of which parties hereto understand and agree as
follows:
WITNESSETH:
City does hereby agree to enter into an Employment Agreement with Lindsay Kinzie for
Associate Municipal Judge services for a period of two (2) years, beginning on May 1,
2021, and continuing through midnight on April 31, 2023, at an hourly rate of $55.00 per
hour.
2. Associate 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 Associate Municipal Judge shall
acquire and maintain a cell phone during the term of this agreement, which shall be
available for the Associate Municipal Judge's exclusive and unrestricted use in the
performance of her duties hereunder. Associate 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.
3. All provisions of the rules and regulations of the City applicable to fringe benefits, leave
and working conditions as they now exist or hereafter may be amended, shall also apply
to the Associate Municipal Judge as they apply to all other part-time employees of the
City, in addition to the benefits enumerated specifically for the benefit of the Associate
Municipal Judge herein. Such benefits include Workers Compensation Insurance, access
to the City's Employee Assistance Program, and eligibility for participation in the City's
Part -Time Alternative Retirement System (PARS).
4. City does hereby agree to budget and to pay for professional memberships, subscriptions,
and dues to state and local legal associations and organizations necessary and desirable
for her continued professional participation, growth and advancement, and for the good of
the City as approved by the Chief Financial Officer, or her designee. Such memberships
to include the following:
Lexis/Nexus — Online Case Tracking
Texas State Bar Association
Northeast Tarrant County Bar Association
5. City does hereby agree to budget and to pay for the travel and subsistence expenses of
the Associate Municipal Judge for training, short courses, institutes, and seminar that are
necessary for professional development and for the good of the City, as approved by the
Chief Financial Officer, or her designee.
6. The Associate Municipal Judge agrees to serve as Judge in the temporary absence of the
Municipal Judge due to illness, family death, continuing legal or judicial education
programs, or any other reason. The Associate Judge, while serving as a Municipal Judge,
has all the powers and shall discharge all the duties of a Municipal Judge. Further, the
Associate Judge, while serving as a Municipal Judge, shall supervise and control the
operation and clerical functions of the administrative department of the municipal court,
including the court's personnel, during the proceedings or dockets of the court. At all other
times, the operation and clerical functions of the administrative department of the
municipal court shall be under the supervision and direction of the Court Clerk.
7. The Associate Municipal Judge shall perform all functions and duties required under the
City Charter, City ordinances, other legally permissible and proper duties and functions as
said position shall require.
8. The Chief Financial Officer, or designee, shall administer this contract on behalf of the City
Council. The Associate Municipal Judge shall keep the Chief Financial Officer informed
of issues related to the Court, and shall execute her performance in cooperation with the
Chief Financial Officer and the Chief Financial Officer's staff, to the extent, such
cooperation does not impair the necessity of judicial independence and avoids the
appearance of impropriety.
9. During this Agreement, the Associate Municipal Judge agrees to comply with all provisions
of the Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of
Chapter 8 of the Code of Ordinances of the City of Southlake, Section 30 of the Texas
Government Code, and all other applicable laws pertaining to the operation of the
Southlake Municipal Court of Record. In the event of a conflict between the terms of this
Agreement and said Code, Charter, Statutes and laws, the terms of said Code, Charter,
Statutes, and laws shall govern.
10. The Parties recognize and agree that the Associate Municipal Judge will maintain a private
law practice. However, the Associate Municipal Judge shall not (i) take on representation
of a client adverse to the City; (ii) represent a client in a case where an employee of the
City, in his/her capacity as an employee of the City, is a witness or may be summoned to
appear as a witness; or (iii) accept any case which would require the Associate Municipal
Judge to argue a position that is adverse to the interests of the City.
11. The Associate Municipal Judge warrants she meets the minimum qualifications listed in
Chapter V of the City of Southlake Charter and Article II of Chapter 8 of the Code of
Ordinances of the City of Southlake.
12. The City may remove the Associate Municipal Judge from office during her term pursuant
to and in accordance with the requirements of Section 30 of the Texas Government Code,
or its successor, as same may hereafter be amended.
13. A request by the Associate Municipal Judge for release from this Agreement prior to the
end of its term must be submitted in writing to the Mayor for City Council approval not less
than thirty (30) days prior to the requested date of termination. Unapproved abandonment
of the Agreement shall be considered a default by the Associate Municipal Judge in the
performance of this Agreement.
In Witness Whereof, City has caused this Agreement to be signed in its name by the 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.
Associate Municipal Judge City of Southlake, Mayor
Lindsay Kinzie
ATTEST:
Amy Shelley
City Secretary
Laura K. Hill
STATE OF TEXAS
Oath of Office
"I, Lindsay Kinzie, do solemnly swear (or affirm) that I will faithfully execute the duties
of the office of Municipal Court Presiding Judge of the State of Texas, and will to the best
of my ability preserve, protect, and defend the Constitution and the laws of the United
States and of this State, so help me God."
Lindsay Kinzie
Associate Municipal Court Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of , 2021.
�P PLICO
C
Clerk of the Court
City of Southlake
STATE OF TEXAS
Statement of Appointed Officer
"I, Lindsay Kinzie, do solemnly swear (or affirm) that I have not directly or indirectly
paid, offered, promised to pay, contributed, or promised to contribute any money or thing
of value, or promised any public office or employment as a reward to secure my
appointment or confirmation thereof, so help me God."
Lindsay Kinzie
Associate Municipal Court Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of , 2021.
�,-pAL COO
Court Clerk
City of Southlake