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Item 6B - MemoITEM 6B M E M O R A N D U M TO: FROM: April 25, 2023 Shana K. Yelverton, City Manager Stacey Black, Senior Director of Human Resources SUBJECT: Ordinance No. 1272, 2nd Reading, appointing Kara Carreras 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. 1272, 2nd Reading, Appointing Kara Carreras 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 Kara Carreras be considered for appointment. Ms. Carreras was licensed to practice law in 2002. She has served as an Assistant District Attorney for the Rockwall District Attorney's Office, as a Criminal Defense Attorney, and most recently as Partner/Owner for the Carreras Law Group. A copy of her resume is included. Shana K. Yelverton, City Manager ITEM 6B April 25, 2023 Page 2 Ms. Carreras 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. 1272, included in your packet, authorizes the appointment of Kara Carreras 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. Carreras 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. Carreras or seek other applicants as desired. City Council may approve or modify the attached Ordinance. Supporting Documents: Ordinance No. 1272 Ms. Carreras' Resume Employment Agreement Staff Recommendation: City Council appointment of Kara Carreras 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. 1272 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING KARA CARRERAS 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, Kara Carreras 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 Kara L. Carreras| Board Certified in Criminal Law | State Bar No. 24028942 Admitted to practice in the Supreme Court of Texas | Northern District of Texas| Eastern District of Texas | Fifth Circuit Court of Appeals | Supreme Court of the United States of America Fluent Spanish Speaker Experience Carreras Law Group, P.C.| Fort Worth, TX| 2020-Present Partner/Owner Prestigious federal practice. Reputation as a leader in the field who is known for strong communication and relationship building skills with courts, peers, and opposing counsel. Expertise in federal and state crimes. Known throughout the region for taking and being assigned the most difficult cases often with novel legal issues attached. Former crime lab analyst, skilled in understanding DNA evidence. •Experienced at training attorneys and judiciary on relevant laws •Lead attorney on 25 federal cases. Responsible for all trial preparation, including, but not limited to, motion writing, legal brief writing, investigations, defense strategy, opening and closing arguments, all direct and cross examinations, and post-conviction matters. •Experience in handling and briefing federal appeals Goza and Carreras| Forth Worth, TX| 2004-2020 Partner Well-known criminal defense firm. Assigned by federal judges to represent witnesses, on several occasions, in instances where the witnesses had potential criminal liability. •Lead attorney, who also, oversaw a staff of five including two associate attorneys in high volume practice. •Handled all types of matters in state and federal court •Knowledge of search warrant requirements •Known for expertise in writing original motions on novel issues at the behest of judges from the federal bench. •Invited by the Costa Rican government to speak on the efficacy and efficiency of ankle monitoring bracelets. Pre and Post trial supervision of inmates. Rockwall District Attorney| Rockwall, TX| 2002-2004 Assistant District Attorney Misdemeanor cases – DWI’s – felony drug case – lead attorney in the Justice of the Peace Court- grand jury presentations. Lead counsel on DWI cases, lead attorney for Justice of the Peace Court, present cases before the grand jury, and was lead counsel on a felony drug case. Understands how to work in a busy and efficient master calendar court. Invited Conference Speaker Federal Public Defender Annual Seminar| Han Gil Trial| 2021 Advanced Criminal & Immigration Law| Assault, Family Law & Immigration Consequences| 2017 Invited Speaker, Costa Rican Government | Presentation on Pre and post-trial supervision of inmates Mexican American Bar Assoc.| Immigration & Collateral Consequences of Padilla v. KY| 2014 Costa Rica Advanced Criminal & Immigration Law| Immigration Consequences to Non-Citizen Clients Padilla v. KY |2014 Community Leadership City of Southlake Crime Control Board| Southlake, TX| 2020-Present The city of 31,000 instated a sales tax to raise funds for public safety. Board members ensure that the money is used for the state purpose, currently, funding a resource officer in every school in the city. Providing safety and state of the art gear for every officer. Overseeing budgets and preparations for the building of a new firehouse in the city. Metroport Teen Court Southlake, TX| 2013-present Board Chair| 2016-2019 Provide oversight and analyze the effectiveness of the program. Provides teens, if they choose, the opportunity to have their class C offenses settled in a court of their peers. Program is funded by a group of cities and the board also approves budgets and funding. Provide “attorney” training for teen volunteers and judge for Teen Court participants during court sessions. Volunteer judge for Teen Court Volunteer Human Rights Initiative| Dallas, TX| 2015 In-take Attorney Working with asylum seekers to evaluate their criteria and opportunity for representation at asylum hearings. Texas Criminal Defense Lawyers Association| 2004-present Committee Member, Media Relations 2020-present Tarrant County Criminal Defense Lawyers Association| 2004-present Secretary, 2016 Education Texas Wesleyan University School of Law| Fort Worth, TX| Juris Doctor, 2002 Texas Women’s University| Denton, TX| Bachelor of Science, 1996 CITY OF SOUTHLAKE, TEXAS Employment Agreement Associate Municipal Judge THIS AGREEMENT, made and entered into this 2nd day of May, 2023, 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 Kara Carreras, hereinafter referred to as “Associate Municipal Judge,” both of which parties hereto understand and agree as follows: WITNESSETH: 1. City does hereby agree to enter into an Employment Agreement with Kara Carreras for Associate Municipal Judge services for a period of two (2) years, beginning on May 3, 2023, and continuing through midnight on April 30, 2025, at an hourly rate of $55.00 per hour. 2. Associate 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 Associate Municipal Judge shall acquire and maintain a cell phone during the term of this agreement, which shall be available for the Associate Municipal Judge’s exclusive and unrestricted use in the performance of her duties hereunder. Associate 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. 3. All provisions of the rules and regulations of the City applicable to fringe benefits, leave and working conditions as they now exist or hereafter may be amended, shall also apply to the Associate Municipal Judge as they apply to all other part-time employees of the City, in addition to the benefits enumerated specifically for the benefit of the Associate Municipal Judge herein. Such benefits include Workers’ Compensation Insurance, access to the City’s Employee Assistance Program, and eligibility for participation in the City’s Part-Time Alternative Retirement System (PARS). 4. 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 her continued professional participation, growth and advancement, and for the good of the City as approved by the Chief Financial Officer, or her designee. Such memberships to include the following: Lexis/Nexus – Online Case Tracking Texas State Bar Association Northeast Tarrant County Bar Association 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of the Associate Municipal Judge for training, short courses, institutes, and seminar that are necessary for professional development and for the good of the City, as approved by the Chief Financial Officer, or her designee. 6. The Associate Municipal Judge agrees to serve as Judge in the temporary absence of the Municipal Judge due to illness, family death, continuing legal or judicial education programs, or any other reason. The Associate Judge, while serving as a Municipal Judge, has all the powers and shall discharge all the duties of a Municipal Judge. Further, the Associate Judge, while serving as a Municipal Judge, shall supervise and control the operation and clerical functions of the administrative department of the municipal court, including the court’s personnel, during the proceedings or dockets of the court. At all other times, the operation and clerical functions of the administrative department of the municipal court shall be under the supervision and direction of the Court Clerk. 7. The Associate Municipal Judge shall perform all functions and duties required under the City Charter, City ordinances, other legally permissible and proper duties and functions as said position shall require. 8. The Chief Financial Officer, or designee, shall administer this contract on behalf of the City Council. The Associate Municipal Judge shall keep the Chief Financial Officer informed of issues related to the Court, and shall execute her performance in cooperation with the Chief Financial Officer and the Chief Financial Officer’s staff, to the extent, such cooperation does not impair the necessity of judicial independence and avoids the appearance of impropriety. 9. During this Agreement, the Associate 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. 10. The Parties recognize and agree that the Associate Municipal Judge will maintain a private law practice. However, the Associate Municipal Judge shall not (i) take on representation of a client adverse to the City; (ii) 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; or (iii) accept any case which would require the Associate Municipal Judge to argue a position that is adverse to the interests of the City. 11. The Associate Municipal Judge warrants 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. 12. The City may remove the Associate Municipal Judge from office during 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. 13. A request by the Associate 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 Associate Municipal Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by the 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. Associate Municipal Judge City of Southlake, Mayor ___________________________________ ___________________________________ Kara Carreras John Huffman, Mayor ATTEST: _____________________________________ Amy Shelley City Secretary STATE OF TEXAS Oath of Office “I, Kara Carreras, 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.” _________________________________ Kara Carreras Associate Municipal Court Judge City of Southlake Sworn to and subscribed before me by affiant on this ____ day of __________, 2023. ________________________________ Clerk of the Court City of Southlake STATE OF TEXAS Statement of Appointed Officer “I, Kara Carreras, 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.” _________________________________ Kara Carreras Associate Municipal Court Judge City of Southlake Sworn to and subscribed before me by affiant on this ____ day of __________, 2023. ________________________________ Court Clerk City of Southlake