Item 6I CITY OF ITEM 61
SOUTHLAKI
MEMORANDUM
May 31 , 2016
To: Shana Yelverton, City Manager
From: Stacey Black, Director of Human Resources
Subject: Approve a Professional Services Agreement with Municipal
Judge Carol Montgomery.
Action
Requested: Approve a Professional Services Agreement with Municipal Court
Judge Carol Montgomery.
Background
Information: Should City Council approve Ordinance No. 1156 appointing Carol
Montgomery as the Municipal Court Judge, it is necessary for City
Council to approve a professional services agreement to establish
the compensation, benefits and essential functions of the Judge.
The proposed agreement provides for an annual salary of
$68,337.63 with limited benefits including participation in the City's
retirement program (TMRS), dues for professional memberships,
and registration costs for training programs. The proposed annual
salary includes a 4% merit and a 1 .5% cost of living pay adjustment.
The proposed pay adjustment is consistent with the employee pay
adjustment strategy that City Council approved for employees in
Fiscal Year 2016. The term of the agreement is two years beginning
on July 7, 2016 and expiring on July 6, 2018. All other terms remain
unchanged from the previously executed agreement.
Judge Montgomery has not requested any adjustments to the
benefit structure or the essential functions of the Judge as part of
her reappointment.
Financial
Considerations: Annual compensation for the Judge is currently $64,775 (gross bi-
weekly salary of $2,491.35). The proposed annual salary is
$68,337.62 (gross bi-weekly salary of $2,628.37), which includes a
4% merit and 1 .5% cost of living pay adjustment. The pro-rated
impact to the FY 2016 budget is $890.66 and can be absorbed
through departmental budget savings.
Shana Yelverton, City Manager ITEM 61
May 31, 2016
Page 2
Strategic Link: Performance Management and Service Delivery.
Citizen Input/
Board Review: N/A
Legal Review: The agreement was reviewed by the City Attorney's Office.
Alternatives: Council may approve or modify the attached agreement.
Supporting
Documents: Proposed Municipal Judge Agreement
Executed Municipal Judge Agreement, July 7, 2014
Staff
Recommendations: City Council approval of a Professional Services Agreement with
Municipal Judge Carol Montgomery.
CITY OF
SOUTHLAI4,'E
9
CITY OF SOUTHLAKE, TEXAS
Agreement
Municipal Judge
THIS AGREEMENT, made and entered into this 7th day of July, 2016, 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 Carol Montgomery, hereinafter
referred to as "Municipal Judge," both of which parties hereto understand and agree as follows:
WITNESSETH:
1. City does hereby agree to enter into an Agreement with Carol Montgomery for Municipal
Judge services for a period of two (2) years, beginning on July 7, 2016, and continuing
through midnight on July 6, 2018, at a gross bi-weekly salary of$2,628.37.
2. City does hereby agree to provide a smartphone or equivalent mobile phone that offers
more advanced computing ability and connectivity than a contemporary phone for the
Municipal Judge for unlimited use in the performance of his/her duties as Municipal
Judge. In addition, the City will providejudge's robe and gavel.
3. 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 his/her continued professional participation, growth and
advancement, and for the good of the City. Such memberships to include the following:
Lexis/Nexus —Online Case Tracking
Texas State Bar Association
Northeast Tarrant County Bar Association
4. City does hereby agree to budget and to pay for the travel and subsistence expenses of
Municipal Judge for training, short courses, institutes and seminar that are necessary for
professional development and for the good of the City.
5. The Municipal Judge shall perform all functions and duties required under the City
Charter, City ordinances, and as delineated and described in Attachment "A", and shall
perform such other legally permissible and proper duties and functions as said position
shall require.
6. The City Manager shall administer this contract on behalf of the City Council. The
Municipal Judge shall keep the City Manager informed of issues related to the Court,
and shall execute his/her performance in cooperation with the City Manager and the City
Manager's staff, to the extent, such cooperation does not impair the necessity of judicial
independence and avoids the appearance of impropriety.
7. During this Agreement, the 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.
8. The Municipal Judge shall not take on representation of a client adverse to the City. The
Municipal Judge shall not 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.
9. The Municipal Judge warrants he/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.
10. The City may remove the Municipal Judge from office during his/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.
11. A request by the 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 Municipal Judge in the performance
of this Agreement.
12. City shall pay retirement benefits for Municipal Judge as follows: The Municipal Judge
will deposit seven percent (7%) of his/her monthly salary into Texas Municipal
Retirement System and the City shall match those deposits on a two-to-one basis.
In Witness Whereof, City has caused this Agreement to be signed in its name by John Terrell,
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.
Municipal Judge City of Southlake, Mayor
Carol Montgomery Laura Hill
ATTEST:
Lori Payne
City Secretary
ATTACHMENT "A"
CITY OF SOUTHLAKE, TEXAS
Duties of the Municipal Judge
Essential Functions:
1. Perform various judicial work in the Municipal Court in accordance with the provisions of
the City Charter, City ordinances and applicable State and Federal statutes in a
professional and impartial manner.
2. The Municipal Judge shall effectively interact with staff and other judges to execute
assigned duties in a manner consistent with the expectations established by the City
Council, adhering to the highest ethical standards required of judges. The Judge shall
also comply with the City's Code of Ethics and the Business Code of Conduct.
3. Preside over all municipal court proceedings. The Municipal Judge shall preside in a
professional and impartial manner and treat parties, attorneys, witnesses, and the public
with appropriate judicial decorum. Rulings shall be issued in a timely manner consistent
with the Penal Code and the Code of Criminal Procedures.
4. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court
procedures; administer the judicial system; settle disputes between opposing attorneys.
The Municipal Judge shall maintain decorum and order in the courtroom and shall
ensure that all court hearings and business shall be conducted efficiently and promptly
as the court schedule dictates.
5. Establish rules of the procedures for questioning witness and defendants for which
standard procedures have not been established.
6. Listen to presentation of cases and rule on the admissibility of evidence and methods of
conducting testimony.
7. Promptly process and issue search and arrest warrants; set and forfeit bail for Class C
misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and
misdemeanors as part of magisterial duties or process all duties as a Tarrant County
Magistrate in a timely manner.
8. In performing magistrate duties, the Judge shall coordinate with police personnel to
conduct arraignments in such a manner to maximize efficient operation of the police.
9. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from
evidence presented and sentence or fine offenders if convicted or see page 30 of
TMCEC Municipal Judges Book under Duties and Responsibilities.
10. Review and keep current on all new laws, major court decisions and other pertinent
information relevant to the revision of Court procedures and operations.
11. Demonstrate efforts to improve operations, be specific, streamline work processes, and
work cooperatively and jointly to enable the court personnel to provide quality customer
service.
12. Represent the Southlake Municipal Court through attendance at community court-related
functions. To avoid the appearance of impropriety the Southlake Municipal Court Judge
may not participate in local or State elections.
STATE OF TEXAS
Oath of Office
"I, Carol Montgomery, 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."
Carol Montgomery
Municipal Court Presiding Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of ' 2016.
AL Co
J �
Clerk of the Court
City of Southlake
AKE,
STATE OF TEXAS
Statement of Appointed Officer
"I, Carol Montgomery, 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."
Carol Montgomery
Municipal Court Presiding Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of ' 2016.
AL Co�'Qj. Court Clerk
�J pT City of Southlake
AK
ORIGINAL
CITY OP SOUTHLAKI✓
CITY OF Council Action:ON Ord./Res. N
SOUTHLAI<,E Date Approved 0(9 103o
CITY OF SOUTHLAKE, TEXAS
Agreement
Municipal Judge
THIS AGREEMENT, made and entered into this 7th day of July, 2014, 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 Carol Montgomery, hereinafter
referred to as "Municipal Judge," both of which parties hereto understand and agree as follows:
WITNESSETH:
1. City does hereby agree to enter into an Agreement with Carol Montgomery for Municipal
Judge services for a period of two (2) years, beginning on July 7, 2014, and continuing
through midnight on July 6, 2016, at a gross bi-weekly salary of$2,491.35.
2. City does hereby agree to provide a Smartphone or equivalent mobile phone that offers
more advanced computing ability and connectivity than a contemporary phone for the
Municipal Judge for unlimited use in the performance of his/her duties as Municipal
Judge. In addition, the City will provide judge's robe and gavel.
3. 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 his/her continued professional participation, growth and
advancement, and for the good of the City. Such memberships to include the following:
Lexis/Nexus—Online Case Tracking
Texas State Bar Association
Northeast Tarrant County Bar Association
4. City does hereby agree to budget and to pay for the travel and subsistence expenses of
Municipal Judge for training, short courses, institutes and seminar that are necessary for
professional development and for the good of the City.
5. The Municipal Judge shall perform all functions and duties required under the City
Charter, City ordinances, and as delineated and described in Attachment "A", and shall
perform such other legally permissible and proper duties and functions as said position
shall require.
6. The City Manager shall administer this contract on behalf of the City Council. The
Municipal Judge shall keep the City Manager informed of issues related to the Court,
and shall execute his/her performance in cooperation with the City Manager and the City
Manager's staff, to the extent, such cooperation does not impair the necessity of judicial
independence and avoids the appearance of impropriety.
7. During this Agreement, the 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.
8. The Municipal Judge shall not take on representation of a client adverse to the City. The
Municipal Judge shall not 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.
9. The Municipal Judge warrants he/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.
10. The City may remove the Municipal Judge from office during his/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.
11. A request by the 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 Municipal Judge in the performance
of this Agreement.
12. City shall pay retirement benefits for Municipal Judge as follows: The Municipal Judge
will deposit seven percent (7%) of his/her monthly salary into Texas Municipal
Retirement System and the City shall match those deposits on a two-to-one basis.
In Witness Whereof, City has caused this Agreement to be signed in its name by John Terrell,
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.
Municipal Judge City of Southlake, Mayor
Carol Montgom ry John Terrel
vTH ''••.
ATTEST: ��?• ••• ••..ti
°'• ` APPROVED AS TO FORM AND LEGALITY
Alicia Richardson, TRMC .000 41
City Secretary �•,•��, r'��*�`.•��'%% C
ATTACHMENT "A"
CITY OF SOUTHLAKE, TEXAS
Duties of the Municipal Judge
Essential Functions:
1. Perform various judicial work in the Municipal Court in accordance with the provisions of
the City Charter, City ordinances and applicable State and Federal statutes in a
professional and impartial manner.
2. The Municipal Judge shall effectively interact with staff and other judges to execute
assigned duties in a manner consistent with the expectations established by the City
Council, adhering to the highest ethical standards required of judges. The Judge shall
also comply with the City's Code of Ethics and the Business Code of Conduct.
3. Preside over all municipal court proceedings. The Municipal Judge shall preside in a
professional and impartial manner and treat parties, attorneys, witnesses, and the public
with appropriate judicial decorum. Rulings shall be issued in a timely manner consistent
with the Penal Code and the Code of Criminal Procedures.
4. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court
procedures; administer the judicial system; settle disputes between opposing attorneys.
The Municipal Judge shall maintain decorum and order in the courtroom and shall
ensure that all court hearings and business shall be conducted efficiently and promptly
as the court schedule dictates.
5. Establish rules of the procedures for questioning witness and defendants for which
standard procedures have not been established.
6. Listen to presentation of cases and rule on the admissibility of evidence and methods of
conducting testimony.
7. Promptly process and issue search and arrest warrants; set and forfeit bail for Class C
misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and
misdemeanors as part of magisterial duties or process all duties as a Tarrant County
Magistrate in a timely manner.
8. In performing magistrate duties, the Judge shall coordinate with police personnel to
conduct arraignments in such a manner to maximize efficient operation of the police.
9. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from
evidence presented and sentence or fine offenders if convicted or see page 30 of
TMCEC Municipal Judges Book under Duties and Responsibilities.
10. Review and keep current on all new laws, major court decisions and other pertinent
information relevant to the revision of Court procedures and operations.
11. Demonstrate efforts to improve operations, be specific, streamline work processes, and
work cooperatively and jointly to enable the court personnel to provide quality customer
service.
12. Represent the Southlake Municipal Court through attendance at community court-related
functions. To avoid the appearance of impropriety the Southlake Municipal Court Judge
may not participate in local or State elections.
STATE OF TEXAS
Oath of Office
"I, Carol Montqomery, 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."
o?Southlake
ery
Municipal Court Prudge
Cityj
Sworn to and subscribed before me by affiant on this 5-t--dayof 50NO, , 2014.
�\G1pAL Co
J �
O,r Clerk of the Court
City of Southlake
STATE OF TEXAS
Statement of Appointed Officer
"I, Carol Montgomery, 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."
C roI ontgom
Municipal Court Presiding J dge
City of Sou la
Sworn to and subscribed before me by affiant on this s day of i)VY`�- , 2014.
�\G�pp.L Co Court Clerk
City of Southlake
6), -CO