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Item 4JM E M O R A N D U M June 10, 2009 To: City Council From: Sharen Jackson, Director of Finance st Subject: Ordinance No. 956, 1 Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. Action Requested: City Council appointment of a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. Background Information: As you know, the current Municipal Judge’s contract will expire in mid-July, creating a need for Council to consider appointment options. Per Section 5.20 of the Southlake City Charter, The City Council shall by ordinance appoint one or more judges of the Municipal Court.” It goes on to describe the qualifications and conditions of the position, which include: Licensed attorney in good standing, ● Two or more years of experience in Texas ● Two-year term ● The ordinance included in your packet authorizes the appointment of the judge. Note that the professional services agreement is attached to the ordinance as Exhibit “A”, and the expectations for municipal judge are attached as Attachment “A” named Duties of the Municipal Judge. Financial Considerations: The compensation for the Municipal Judge is included in the Finance Department budget. Strategic Link: Quality Development. Citizen Input/ Board Review: N/A Legal Review: The ordinanceand agreement were reviewed by the city attorney’s office. Alternatives: Councilmay approve this ordinance and agreement, or modify the agreement, subject to the approval of the city attorney. The current judge is seeking reappointment. Council may reappoint or seek other applicants as desired. Supporting Documents: Ordinance No. 956. Staff Recommendations: I recommend Council appoint a Municipal Judge and authorize the Mayor to execute an employment agreement with that individual. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. Section 1. That ________________ is hereby appointed municipal judge of the City of Southlake, Texas, for a term of two years, which will expire July 7, 2011, 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 ON THIS THE 16TH OF JUNE 2009, ON FIRST READING. ____________________________________ John Terrell Mayor ATTEST: _____________________________________ Lori Payne City Secretary TH PASSED AND APPROVED THIS THE 7 DAY OF JULY 2009, ON SECOND READING. ____________________________________ John Terrell Mayor ATTEST: ____________________________________ Lori Payne City Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ City Attorney DATE SIGNED: ________________ DATE APPROVED: ________________ EFFECTIVE DATE: ________________ EXHIBIT “A” CITY OF SOUTHLAKE, TEXAS Professional Services Agreement Municipal Judge TH This Agreement, made and entered into this 7day of July 2009, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as “City”, and _____________, hereinafter referred to as “Municipal Judge”. WITNESSETH: 1. City does hereby agree to enter into an Agreement with _____________ for Municipal Judge services for a period of two (2) years, beginning on July 7, 2009, and continuing through midnight on July 7, 2011, at a salary of $3,500 per month. 2. City does hereby agree to provide a Blackberry for the Municipal Judge for unlimited use in the performance of 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 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 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 here 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 her hand and seal the date first above written. Municipal Judge City of Southlake, Mayor _____________________________________ _______________________________________ John Terrell ATTEST: _____________________________________ Lori Payne City Secretary ATTACHMENT “A” CITY OF SOUTHLAKE, TEXAS Duties of the Municipal Judge Essential Functions: 1. 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 disputer 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 issues 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 magistration 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.