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Item 6B - MemoOrdinance No. 1236 Page 1 of 7 MEMORANDUM TO: Shana Yelverton, City Manager FROM: Kristin McGrail, Municipal Court Manager SUBJECT: Ordinance No. 1236, 2nd Reading, Reappointing 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 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. Reappointing her as an Associate Judge will allow all paperwork and orders at the jail to be legal. Financial Considerations: The Professional Services Agreement does not indicate any additional funds needed. 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. 1236 Professional Services Agreement Anti-Bribery Oath of Appointed Officer Oath of Office Staff Recommendation: Approve the attached ordinance and agreement Ordinance No. 1236 Page 2 of 7 CITY OF SOUTHLAKE ORDINANCE NO. 1236 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, 2022, 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 __________________, 2020, ON FIRST READING. ___________________________________ Mayor Laura Hill ATTEST: _______________________________ Amy Shelley City Secretary PASSED AND APPROVED THIS THE ___ DAY OF __________________, 2020, ON SECOND READING. ___________________________________ Mayor Laura Hill ATTEST: ______________________________ Amy Shelley City Secretary Ordinance No. 1236 Page 3 of 7 APPROVED AS TO FORM AND LEGALITY: ________________________________ City Attorney Date Signed: ___________________ Date Approved: _________________ Effective Date: __________________ Ordinance No. 1236 Page 4 of 7 CITY OF SOUTHLAKE Exhibit A Professional Services Agreement Associate Judge This Agreement, made and entered into the _________ day of ____________________, 2020, 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, 2022. 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. 1236 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: ____________________________________ Amy Shelley City Secretary Ordinance No. 1236 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 ______________, 2020. _________________________________ Kristin McGrail Municipal Court Clerk City of Southlake Ordinance No. 1236 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 ________________, 2020. _________________________________ Kristin McGrail Municipal Court Clerk City of Southlake