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Item 4CCity of Southlake, Texas M E M O R A N D U M December 20, 2006 TO: Shana Yelverton, City Manager FROM: Lori Farwell, City Secretary st Ordinance No. 902, 1Reading, Appointing an Alternate Municipal SUBJECT: Judge and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. ________________________________________________________________________ Action Requested: Appointment of an Alternate Municipal Judge and authorization of the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. Background Information: Gary Lee Hach has served as Alternate Municipal Judge beginning in January 2003 with approval of Ordinance No. 837 and approval of subsequent Ordinance No. 882 in February 2005. Mr. Hach’s current agreement expires on February 1, 2007. Financial Considerations: The agreement indicates a salary of $65 per required arraignment period and $250 per court session. Citizen Input/ Board Review: Not applicable. Legal Review: Substantial changes have not been made to the initial ordinance and agreement which was reviewed by the city attorney’s office. Alternative: Advertise for alternate applications Supporting Documents: Ordinance No. 902 Professional Services Agreement Staff Recommendation: Approve the attached ordinance and agreement. CITY OF SOUTHLAKE ORDINANCE NO. 902 AN ORDINANCE APPOINTING AN ALTERNATE MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ALTERNATE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. That Gary Lee Hach is hereby appointed alternate municipal judge of the City of Southlake, Texas, for a term of two years, which will expire February 1, 2009, 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 THIS THE _____ DAY OF ________________ ON FIRST READING. ______________________________ Mayor Andy Wambsganss ATTEST: _______________________ Lori A. Farwell City Secretary PASSED AND APPROVED THIS THE _____ DAY OF ______________ ON SECOND READING. ______________________________ Mayor Andy Wambsganss ATTEST: _______________________ Lori A. Farwell City Secretary Ordinance No. 902 Page two APPROVED AS TO FORM AND LEGALITY ____________________________ City Attorney Date Signed: _________________ Date Approved: _______________ Effective Date: ________________ CITY OF SOUTHLAKE Exhibit A Professional Services Agreement Alternate Judge This Agreement, made and entered into the ___ day of ____________, by and between the City of Southlake, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as “City,” and Gary Lee Hach, hereinafter referred to as “Alternate Judge.” WITNESSETH: 1. City does hereby agree to enter into an Agreement with Gary Lee Hach for Alternate Judge services for a period of two (2) years, beginning on __________, and continuing through midnight on ____________, at a salary of $65 per required arraignment period and $250 per court session. 2. The Alternate 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 Alternate Judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge as outlined in more detail in Exhibit 1. Further, the Alternate 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 docket 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. 3. During this Agreement, the Alternate 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. 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 his/her continued professional participation, growth and advancement, and for the good of the City. Such memberships to include the following: Texas State Bar Association 5. City does hereby agree to budget and to pay for the travel and subsistence expenses of Alternate Judge for training, short courses, institutes and seminars that are necessary for professional development and for the good of City. 6. City does hereby agree to review the Alternate Judge’s compensation on an annual basis at the time the municipal Judge’s performance is reviewed by the City Council. 7. The Alternate Judge shall not take on representation of a client adverse to the City. The Alternate Judge shall not represent a client in a case where an employee of the City, in his capacity as an employee of the City, is a witness or may be summoned to appear as a witness. 8. The Alternate 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. 9. The city may remove the Alternate 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. 10. A request by the Alternate 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 Alternate Judge in the performance of this Agreement. In Witness Whereof, City has caused this Agreement to be signed in its name by Andy Wambsganss, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Alternate Judge has hereunto set his/her hand and seal the date first above written. Alternate Judge City of Southlake, Mayor ________________________ ________________________ Gary Lee Hach Andy Wambsganss ATTEST: ________________________ Lori A. Farwell City Secretary Municipal Court Judge Duties 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 statues. 2. Hold and preside over hearing and make rulings on misdemeanors in non-jury trials. 3. Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court procedures; administer the judicial system; settle disputes between opposing attorneys. 4. Establish rules of the procedures for questioning witnesses and defendants for which standard procedures have not bee established. 5.Listen to presentation of cases and rule on the admissibility of evidence and methods of conducting testimony. 6. 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 ministration duties. 7. Instruct jury on applicable laws and procedures; direct jury to deduce facts only from evidence presented and sentence or fine offenders if convicted. 8.Review and keep current on all new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations. Exhibit 1