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Item 6JItem 6J M E M O R A N D U M June 12, 2018 TO: Shana K. Yelverton, City Manager FROM: Stacey Black, Director of Human Resources SUBJECT: Ordinance No. 1194, 2nd Reading, Appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. Action Requested: City Council approval of Ordinance No. 1194, 2nd Reading, Appointing the Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Municipal Judge. 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 eight times over the last 17 years, most recently on July 7, 2016, with Ordinance No. 1156. Her current term expires on July 6, 2018, thus creating a need for City Council to appoint a Judge of the Municipal Court. City Council discussed the appointment of a Judge during Executive Session at the May 15, 2018, City Council meeting and expressed their desire to reappoint Judge Montgomery. Judge Montgomery currently satisfies all of 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; • the individual must have two or more years of experience in practicing law in Texas; and • that the judge shall serve a two-year term. The Judge is primarily responsible for presiding over all municipal Shana K. Yelverton, City Manager ITEM 6J June 12, 2018 Page 2 court proceedings and performing magistrate duties. Ordinance No. 1194, included in your packet, authorizes the appointment of Carol Montgomery as Municipal Court Judge for the City of Southlake through July 6, 2020. It also authorizes the Mayor to execute an agreement to establish the compensation, benefits and essential functions of the Municipal Court Judge. Based upon direction from City Council, the agreement includes a 2% merit and a 2% 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 2018. The term of the agreement is two years beginning on July 7, 2018 and expiring on July 6, 2020. All other terms of the agreement remain unchanged from the previously executed agreement. Financial Considerations: Annual compensation for the Judge will increase to $71,071 (gross bi-weekly salary of $2,733.50) from $68,338 (gross bi-weekly salary of $2,628.37). The pro-rated impact to the FY 2018 budget is approximately $683.38. 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 agreement were reviewed by the City Attorney’s Office. Alternatives: Judge Montgomery is seeking reappointment. City Council may reappoint Judge Montgomery or seek other applicants as desired. City Council may approve or modify the attached ordinance and agreement. Supporting Documents: Ordinance No. 1194 Executed Ordinance No. 1156 Executed Municipal Judge Agreement, July 7, 2016 Proposed Municipal Judge Agreement Shana K. Yelverton, City Manager ITEM 6J June 12, 2018 Page 3 Staff Recommendation: City Council appointment of Carol Montgomery as the Judge of the Municipal Court of Record and authorize the Mayor to execute an agreement with the Municipal Judge. Page 1 ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING THE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; 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 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, Carol Montgomery is hereby appointed as the judge of the municipal court of record in the City of Southlake, Texas, for a term of two years, which will expire July 6, 2020. SECTION 2. This appointment of the judge shall be for a term of office of two years from the date of appointment. Page 2 SECTION 3. The Mayor is hereby authorized to execute the Agreement with the Municipal Judge approved by the City Council to establish the compensation, benefits and essential functions of the Municipal Court Judge. SECTION 4. 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 5. 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 6. 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 3 PASSED AND APPROVED ON FIRST READING THIS ___ DAY OF ______________, 2018. _______________________________ LAURA K. HILL MAYOR ATTEST: _______________________________ CAROL BORGES CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS _____ DAY OF ________________, 2018. _______________________________ LAURA K. 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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, 2018, and continuing through midnight on July 6, 2020, at a gross bi-weekly salary of $2,733.50. 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 Montgomery Laura K. Hill ATTEST: _____________________________________ Carol Borges 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 __________, 2018. ________________________________ 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.” _________________________________ Carol Montgomery Municipal Court Presiding Judge City of Southlake Sworn to and subscribed before me by affiant on this ____ day of __________, 2018. ________________________________ Court Clerk City of Southlake