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Item 7A - MemoITEM 7A M E M O R A N D U M April 12, 2023 TO: Shana K. Yelverton, City Manager FROM: Stacey Black, Senior Director of Human Resources SUBJECT: Ordinance No. 1271, 1st Reading, appointing Lindsay Kinzie as the Associate Judge of the Municipal Court of Record and authorizing the Mayor to execute an employment agreement with the Associate Municipal Judge Action Requested: City Council approval of Ordinance No. 1271, 1st Reading, Appointing Lindsay Kinzie as the Associate Judge of the Municipal Court of Record and authorizing the Mayor to execute an agreement with the Associate Municipal Judge. Background Information: The Southlake City Charter states that the City Council shall appoint one or more judges of the Municipal Court for a two-year term. The current term of the Associate Judge expires on April 30, 2023. The Associate Judge serves as Judge when Judge Montgomery is unavailable due to illness, continuing legal or judicial education programs, or any other reason. City Council discussed the process to appoint an Associate Judge during Executive Session at the February 21, 2023 City Council meeting. During that meeting, Council directed staff to post the position and accept applications from interested individuals. Eighteen candidates applied, and a small panel of City Council members interviewed six finalists. The interview panel recommended Lindsay Kinzie be considered for appointment. Ms. Kinzie was licensed to practice law in 2008 and currently serves as Associate Judge for the City of Southlake. Previously she served as an Assistant District Attorney for Tarrant County, as a criminal defense attorney, and currently serves as General Counsel for The Gatehouse. A copy of her resume is included. Shana K. Yelverton, City Manager ITEM 7A April 12, 2023 Page 2 Ms. Kinzie 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; and • the individual must have two or more years of experience in practicing law in Texas. Ordinance No. 1271, included in your packet, authorizes the appointment of Lindsay Kinzie as Associate Municipal Court Judge for the City of Southlake for a two-year term through April 30, 2025. It also authorizes the Mayor to execute an employment agreement with Ms. Kinzie to establish the compensation and benefits of the Associate Judge. Financial Considerations: The hourly rate proposed for the Associate Judge is $55.00 per hour and is within budget. 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: City Council may appoint Ms. Kinzie or seek other applicants as desired. City Council may approve or modify the attached Ordinance. Supporting Documents: Ordinance No. 1271 Ms. Kinzie’s Resume Staff Recommendation: City Council appointment of Lindsay Kinzie as the Associate Judge of the Municipal Court of Record and authorize the Mayor to execute an employment agreement with the Associate Municipal Judge. Page 1 CITY OF SOUTHLAKE ORDINANCE NO. 1271 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING LINDSAY KINZIE AS ASSOCIATE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH THE ASSOCIATE MUNICIPAL JUDGE; 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 associate 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, Lindsay Kinzie is hereby appointed as Associate Municipal Judge of the municipal court of record in the City of Southlake, Texas, for a term of two (2) years, which will expire on April 30, 2025. SECTION 2. The Mayor is hereby authorized to execute an employment agreement with the Associate Municipal Judge to establish compensation and benefits. Page 2 SECTION 3. 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 4. 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 5. 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. PASSED AND APPROVED ON FIRST READING THIS ___ DAY OF ______________, 2023. _______________________________ JOHN HUFFMAN MAYOR Page 3 ATTEST: _______________________________ AMY SHELLEY CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS _____ DAY OF ________________, 2023. _______________________________ JOHN HUFFMAN MAYOR ATTEST: _______________________________ AMY SHELLEY CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY LINDSAY MARIE KINZIE EDUCATION Juris Doctor (cum laude) Texas Tech University School of Law, Lubbock, Texas G.P.A. 3.333 (top 21%) Honors: • CALI Award for Academic Excellence: Criminal Law, Interviewing and Counseling Legal Activities: • Criminal Justice Clinic -selected to aid the Lubbock County Municipal Court in prosecuting Class C misdemeanors • Board of Barristers Vice-Chair of Administration (2007-2008) • Associate Member of the Board of Barristers - Ranked No.1 out of over 175 students • Board of Barristers Advanced Advocacy Competition: ­ Mock Trial Competition, Champions, Voted overall BEST ORALIST B.B.A. in Marketing (summa cum laude) Abilene Christian University, Abilene, Texas G.P.A.3.92 • Deans List (eight semesters) Licenses and Certificates State Bar License No. 24058575 • Licensed to practice law on November 7, 2008 Texas Mediation Certificate • Completed state required 40 hours of mandatory legal education to mediate civil and criminal disputes Awards/Appointments Awards: • Voted 2020 J. Chrys Dougherty Legal Services Award Recipient -State Bar of Texas -Legal Access Division • Voted 2019 Top Attorney for Nonprofits -360 Magazine, Fort Worth, Texas • Voted 2009 Top Attorney for Banking Law-Fort Worth Magazine, Fort Worth, Texas Appointments: • Crime Victim Institute Advisory Council -Appointed in May 2020 by Governor Gregg Abbott to serve 2- year term Legal Experience Associate Judge City of Southlake - Southlake, Texas (May 2021 - Current) Appointed by City Council to exercise judicial duties, including adjudicating traffic violations, certain minor liquor and drug violations, parking violations, city ordinances, code violations, and juvenile offenses, set bail to secure a defendant's presence in court, enter judgments, set fines, determine indigency and conduct trial proceedings. Lindsay Marie Kinzie, Resume Page 2 • Engage with the citizens of the community by performing judicial and magistrate duties as an impartial officer of the court, requiring an exercise in judgment based on interpretation and application of the law, consideration of the facts, and ultimate justice for the community. • Act as on call magistrate for multiple police departments to analyze and issue search warrants, arrest warrants, and mental health mandatory transports based on a probable cause determination; issue emergency protection orders; arraign and issue magistrate warnings after arrest; set and accept bail, including personal bonds. Legal Program Director The Gatehouse - Grapevine, Texas (October 1, 2017 - Current) Direct and manage the nonprofit organization's legal efforts to represent women overcoming crisis by removing all legal barriers and providing access to justice, enabling members to become financially independent and fully self- supportive • Oversee the intake, legal assessment, litigation implementation, and resolution efforts of over 75+ women's legal cases annually; Responsible for all program budgeting, vendor contracts, grant reporting, and volunteer legal clinics • Manage and develop relationships with contracted and pro bono attorneys in family/tax/civil litigation efforts that result in the most effective and efficient outcome for members to achieve legal stability • Provide direct representation to members in criminal defense, consumer law, crime victim's assistance, and landlord/tenant law to eliminate barriers hindering employment, housing, or financial credit • Lead organization's legal awareness efforts at the community and state level to advocate for volunteer support and legislative action in the areas of domestic violence, financial abuse, crime victim's assistance, coerced debt, and driver's license relief; Served on the Texas Coalition for Coerced Debt - 2019 (Austin) Director of Marketing and Development Valiant Hearts (We Are Cherished, Inc.) - Colleyville, Texas (September 1, 2015 - July 15, 2017) Lead in developing and implementing all marketing and strategic development efforts to expand and diversify the organization's donor base through individual giving, annual giving, private/public grants and special annual events • Provided legal advocacy and supportive services, including crisis intervention, for victims of physical/sexual assault and human trafficking; acting legal advocate on steering committee for Fort Worth's Human Trafficking Task Force • Researched, drafted and secured federal grant and private funding for key programming positions and managed all reporting, auditing, budgeting and compliance requirements from application to approval and utilization • Designed and implemented organization's desired brand image, messaging, web design, and print publications for the relaunch of the brand Criminal Defense Attorney - Of Counsel Barnett, Howard & Williams, PLLC -Fort Worth, Texas (February 28, 2013- January 15, 2016) Acted as an associate attorney responsible for privately hired and court-appointed criminal cases facing allegation, grand jury indictment, and/or trial by the District or City Attorney • Served as lead defense counsel on felony and misdemeanor criminal cases in Tarrant, Dallas and Denton County • Advocated for and encouraged clients to successfully complete cow1 supervised diversion programs that promote therapy/counseling and behavioral accountability in exchange for a reduced or dismissed charge • Responsible for managing private caseload, accounts receivable from clients and appointed courts, and managed all expenses, taxes and accounts payable for private practice cases Lindsay Marie Kinzie, Resume Page 3 Assistant District Attorney- Misdemeanor Division Tarrant County District Attorney's Office -Fort Worth, Texas (September 2, 2010- September 1, 2011) Served as a government official responsible for investigating and evaluating the factual basis of filed misdemeanor and felony cases and prosecuting or resolving those cases through plea negotiations, dismissal or trial • Presented evidence and argued thoroughly researched relevant case law and code at evidentiary hearings and served as Lead or Co-Counsel in 15+ misdemeanor jury and bench trials • Interviewed, instructed and advised police officers, witnesses and victims regarding criminal proceedings and procedure, prospective complaints, hearings, trial preparation and strategy • Evaluated, investigated, prepared and presented evidence for felony DWI arrests to the Grand Jury for indictment • Monitored active court, dismissal and trial dockets of misdemeanor cases and drafted motions, subpoenas and other necessary court filings to adequately prosecute and resolve those cases Attorney - Associate Brown Pruitt Peterson & Wambsganss, P.C. - Fort Worth, Texas (August 25, 2008 - July 31, 2010) Served as an associate attorney with a reputable local Fort Worth civil law firm and provide legal assistance, advice and counsel regarding legal rights, privileges, and obligations for clients and ad litem appointments • Assist senior-level attorneys with investigation, witness preparation and strategy for depositions, hearings, and negotiations for administrative and trial proceedings • Research and analyze complex legal questions and issues and prepare legal memoranda, discovery, briefs and legal filings; draft contracts, corporate filings, releases, liens, leases, deeds, and estate documents • Responsible for client contact, analysis and management of cases in the areas of general civil litigation, oil and gas law, commercial litigation, debt collection, insurance defense and adoption law Special Awards/Projects Nootbaar Institute/Global Justice Program -Pepperdine University School of Law - Kampala, Uganda June 2007 • Trained both law students and defense advocates in the process of plea bargaining to assist in encouraging legal reform and advancement of human rights for accused individuals on remand within the Ugandan criminal justice system