Item 4FOrdinance No. 1200
Page 1 of 7
MEMORANDUM
TO: Shana Yelverton, City Manager
FROM: Kristin White, Municipal Court Manager
SUBJECT: Ordinance No. 1200, 1st Reading, Appointing an Associate Municipal Judge
and authorizing the Mayor to execute an agreement with the Associate
Municipal Judge and providing an effective date.
Action Requested: Appointment of an Associate Municipal Judge and authorization of the
Mayor to execute an agreement with the Associate Municipal Judge.
Background
Information: The recent approval of a centralized magistrate system at the regional jail
has Judge Sara Jane del Carmen as the magistrate overseeing our Class C
Misdemeanor cases. Appointing her as an Associate Judge will allow all
paperwork and orders at the jail comply with all statues.
Financial
Considerations: The Professional Services Agreement does not indicate any additional
funds needed. The funds are paid through the Keller Regional Jail contract.
Citizen Input/
Board Review: Not applicable.
Legal Review: Substantial changes have not been made to the initial ordinance and
agreement which was reviewed and approved by the City Attorney’s Office
in prior years.
Alternative: Not applicable.
Supporting
Documents: Ordinance No. 1200
Professional Services Agreement
Anti-Bribery Oath of Appointed Officer
Oath of Office
Staff
Recommendation: Approve the attached ordinance and agreement
Ordinance No. 1200
Page 2 of 7
CITY OF SOUTHLAKE
ORDINANCE NO. 1200
AN ORDINANCE APPOINTING AN ASSOCIATE MUNICIPAL JUDGE AND AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ASSOCIATE MUNICIPAL JUDGE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT:
Section 1. That Sara Jane del Carmen is hereby appointed Associate Municipal Judge of the
City of Southlake, Texas, for a term of two (2) years, which will expire September 30,
2020, in accordance with the terms of the Agreement attached hereto as Exhibit A, and
incorporated by reference herein.
Section 2. That the Mayor is hereby authorized to execute the Agreement attached as Exhibit
A.
PASSED AND APPROVED THIS THE ________ DAY OF ____________________, 2018, ON
FIRST READING.
___________________________________
Mayor Laura Hill
ATTEST:
_______________________________
Carol Borges
City Secretary
PASSED AND APPROVED THIS THE _________ DAY OF _______________________, 2018, ON
SECOND READING.
___________________________________
Mayor Laura Hill
ATTEST:
______________________________
Carol Borges
City Secretary
Ordinance No. 1200
Page 3 of 7
APPROVED AS TO FORM AND LEGALITY:
________________________________
City Attorney
Date Signed: ___________________
Date Approved: _________________
Effective Date: __________________
Ordinance No. 1200
Page 4 of 7
CITY OF SOUTHLAKE
Exhibit A
Professional Services Agreement
Associate Judge
This Agreement, made and entered into the _________ day of ____________________,
2018, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas,
hereinafter referred to as “City”, and Sara Jane del Carmen, hereinafter referred to as “Associate
Judge”.
WITNESSETH:
1. City does hereby agree to enter into an Agreement with Sara Jane del Carmen for
Associate Judge services for a period of two (2) years, effective immediately, and
continuing through midnight on September 30, 2020.
2. The Associate Judge agrees to serve as Judge and Magistrate at the Regional Jail. The
Associate Judge has all the powers and shall discharge all the duties of a Municipal Judge
as outlined in more detail in Exhibit 1. Further, the Associate Judge, while serving as a
Municipal Judge, shall supervise and control the operation and clerical functions of the
jail.
3. During this Agreement, the Associate 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.
4. The Associate Judge shall not take on representation of a client adverse to the City. The
Associate Judge shall not represent a client in a case where an employee of the City, in his
capacity as an employee of the City, is a witness or may be summoned to appear as a
witness.
5. The Associate Judge warrants he/she meets the minimum qualifications listed in Chapter
V of the City of Southlake Chapter and Article II of Chapter 8 of the Code of Ordinances of
the City of Southlake.
6. The City may remove the Associate 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
Ordinance No. 1200
Page 5 of 7
successor, as same may hereafter be amended.
7. A request by the Associate Judge for release from this Agreement prior to the end of its
term must be submitted in writing to the Mayor for the City Council approval not less
than thirty (30) days prior to the requested dates of termination. Unapproved
abandonment of the Agreement shall be considered a default by the Associate Judge in
the performance of this Agreement.
In Witness whereof, City has caused this Agreement 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
Alternate Judge as hereunto set his/her hand and seal the date first above written.
ALTERNATE JUDGE: CITY OF SOUTHLAKE, MAYOR
____________________________________ _________________________________
Sara Jane del Carmen Laura Hill
ATTEST:
____________________________________
Carol Borges
City Secretary
Ordinance No. 1200
Page 6 of 7
STATE OF TEXAS
Statement of Appointed Officer
“I, Sara Jane del Carmen, 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.”
_________________________________
Sara Jane del Carmen
Associate Municipal Court Judge
City of Southlake
Sworn to and subscribed before me by affiant on this ________ day of ______________, 2018.
_________________________________
Kristin White
Municipal Court Clerk
City of Southlake
Ordinance No. 1200
Page 7 of 7
STATE OF TEXAS
Oath of Office
“I, Sara Jane del Carmen, do solemnly swear (or affirm) that I will faithfully execute the duties of
the office of Associate Municipal 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.”
________________________________
Sara Jane del Carmen
Associate Municipal Court Judge
City of Southlake
Sworn to and subscribed before me by affiant on this _______day of ________________, 2018.
_________________________________
Kristin White
Municipal Court Clerk
City of Southlake