Item 4K - MemoITEM 4K
ICITY OF
SOUTHLAKE
MEMORANDUM
May 31, 2022
TO: Shana K. Yelverton, City Manager
FROM: Stacey Black, Senior Director of Human Resources
SUBJECT: Ordinance No. 1259, 1st Reading, Appointing Carol Montgomery as
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. 1259, 1st Reading,
Appointing Carol Montgomery as 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
ten times, most recently on July 7, 2020 with Ordinance No. 1229.
Her current term expires on July 6, 2022, thus creating a need for
City Council to appoint a Judge of the Municipal Court.
City Council discussed the Judge's appointment during the Executive
Session at the May 17, 2022 City Council meeting and expressed
their desire to reappoint Judge Montgomery. Judge Montgomery
currently 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;
• 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
court proceedings and performing magistrate duties.
Shana K. Yelverton, City Manager
May 31, 2022
Page 2
ITEM 4K
Ordinance No. 1259, included in your packet, authorizes the
appointment of Carol Montgomery as Municipal Court Judge for the
City of Southlake through July 6, 2024. It also authorizes the Mayor,
with City Council approval, to execute an agreement to establish the
compensation, benefits, and essential functions of the Municipal
Court Judge. This allows City Council to adopt any changes to the
agreement during the two-year term without requiring a new
ordinance.
If the Ordinance passes on the first reading, a second reading will be
scheduled for June 21, 2022. The agreement to establish
compensation, benefits and essential functions will be included for
consideration at that time.
Financial
Considerations: Annual compensation for the Judge is currently $70,071.
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 was 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.
Supporting
Documents: Ordinance No. 1259
Executed Ordinance No. 1229
Executed Municipal Judge Agreement, July 7, 2020
Executed First Amendment to Agreement, December 1, 2020
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.
ORDINANCE NO. 1259
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,
gn9a
SECTION 2.
This appointment of the judge shall be for a term of office of two years from the
date of appointment.
Page 1
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 2
PASSED AND APPROVED ON FIRST READING THIS DAY OF
2022.
JOHN HUFFMAN
MAYOR
ATTEST:
AMY SHELLEY
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
2022.
JOHN HUFFMAN
MAYOR
ATTEST:
AMY SHELLEY
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 3
ORDINANCE NO. 1229
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,
2022.
SECTION 2.
This appointment of the judge shall be for a term of office of two years from the
date of appointment.
Page 1
�4*4&00PIK3
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 2
PASSED AND APPROVED ON FIRST READING THIS LO- DAY OF
JUAL, , 2020.
MAYOR ``\`�►► ► r r r r r,,���
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AM ELLEY
CITY CRETARY '%*** ���•`
PASSED AND APPROVED ON SECOND READING THIS M�4 DAY OF
2020.
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LAUR K. HILL
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MAYOR _ of
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CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Page 3
OTY OF
SOUTH LAKE
u
CITY OF SOUTHLAKE, TEXAS
Agreement
Municipal Judge
THIS AGREEMENT, made and entered into this 7th day of July, 2020, 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:
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, 2020, and continuing
through midnight on July 6, 2022, 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
Carol Montgomery
H LAkF
ATTEST: <c
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Amy SIeYvV �'�. ••''• ......•••' `�.
City Se etary ''i�11141 *#*`���`�
City of Southlake, Mayor
4'.
Laura . HAI
ATTACHMENT "A"
CITY OF SOUTHLAKE, TEXAS
Duties of the Municipal Judge
Essential Functions:
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
"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."
�j
Carol Mor4imery
Municipal Court Presiding Judge
City of Southlake
Sworn to and subscribed before me by affiant on this I[ L day of J , 2020.
�PP_ 0U,o _
ck]�S&
Jerk of the Court
\ ity 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 Mo tgome
Municipal Court Presiding e
City of Southlake
Sworn to and subscribed before me by affiant on this day of , 2020.
I
\1
�Court Clerk
ity of Southlake
CITY Of
SOUTHLAKE
CITY OF SOUTHLAKE, TEXAS
First Amendment to Agreement
Municipal Judge
ORIGINAL DOCUMENT
CITY OF SOUTHLAKE
Council Action(!�YN
Ord./Res. No.____,�_,�
Date Approved
THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 111 day of December,
2020, 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 "Southlake",
and Carol Montgomery, hereinafter referred to as "Municipal Judge," both of which parties
hereto understand and agree as follows:
WHEREAS, the Parties entered into an agreement on July 7, 2020 wherein Municipal Judge
agreed to provide Municipal Judge Services to City (hereinafter referred to as "Agreement").
WHEREAS, the Parties now wish to amend the Agreement to adjust the cell phone allowance to
be provided to Municipal Judge for providing Municipal Judge Services to the City
NOW, THEREFORE, for an in consideration of the mutual covenants and agreements
contained within the Agreement and herein, the parties agree as follows:
A. Section 2 of the Municipal Judge Agreement is hereby amended to read as follows:
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 Municipal Judge shall acquire and
maintain a cell phone during the term of this agreement, which shall be available for
the Municipal Judge's exclusive and unrestricted use in the performance of her
duties hereunder. 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.
All other terms of the Agreement remain unchanged.
In Witness Whereof, Southlake has caused this Amendment 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 Municipal Judge has hereunto set his/her hand and seal the date first above written.
First Amendment to Agreement Page 1
Municipal Judge
r
arol Moneftery
LA
ATTEST:44.
' •••
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Amy S e ey
City Secretary �'� jK
APPROVED AS TO FORM:
c City Attorney
City of Southlake, Mayor
40 4)
'6
Laura K. Hill
First Amendment to Agreement Page 2