Item 6AM E M O R A N D U M
July 21, 2009
To:
City Council
From:
Sharen Jackson, Director of Finance
nd
Subject: Ordinance No. 956, 2 Reading, Appoint a Municipal Judge
and authorize the Mayor to execute and 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
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 Carol Montgomery is hereby appointed municipal judge of the City of Southlake, Texas,
for a term of two years, which will expire July 21, 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
st
PASSED AND APPROVED THIS THE 21 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
st
This Agreement, made and entered into this 21 day 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 Carol
Montgomery, hereinafter referred to as “Municipal Judge”.
WITNESSETH:
1. 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 21, 2009, and continuing through
midnight on July 21, 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
_____________________________________ _______________________________________
Carol Montgomery 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.