Item 7ACity of Southlake, Texas
M E M O R A N D U M
June 13, 2007
To:
Shana K. Yelverton, City Manager
From:
Sharen Jackson, Director of Finance
st
Subject: Ordinance No. 909, 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:
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 5.02 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,
2 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 employment agreement is an attachment to the
ordinance. At Council’s direction, staff has researched
performance expectations for municipal judges and has
incorporated many of these ideas into the document. Additionally,
language has been included which makes the City Manager
responsible for the administration of the agreement. Your packet
contains both a clean copy and a underline/strikeout version of the
proposed contract for your review.
We are currently compiling salary information, as well as
observations about the current judge’s performance for you to
review on Tuesday evening.
Shana K. Yelverton, City Manager
Ordinance No. 909, Appoint a Municipal Judge
Page 2 of 2
Financial
Considerations:
The compensation for the Municipal Judge is included in the
Finance Department budget.
Citizen Input/
Board Review: N/A
Legal Review:
The ordinance and agreement have been reviewed by the city
attorney’s office.
Alternatives:
Council may 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. 909.
Staff
Recommendation:
I recommend Council appoint a Municipal Judge and authorize the
Mayor to execute an employment agreement with that individual.
Formatted: Bottom: 0.5"
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 909
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 17, 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 OF JUNE 2007 ON FIRST READING.
Andy Wambsganss
Mayor
ATTEST:
Lori Payne
City Secretary
OF JULY 2007 ON SECOND READING.
PASSED AND APPROVED THIS THE
Andy Wambsganss
Mayor
ATTEST:
Lori Payne
City Secretary
Ordinance No. 909
Deleted:
¶
Page two
APPROVED AS TO FORM AND LEGALITY:
______
City Attorney
DATE SIGNED: ___________________
DATE APPROVED: ___________________
EFFECTIVE DATE: ___________________
EXHIBIT ‘A’
CITY OF SOUTHLAKE
Professional Services Agreement
Municipal Judge
This Agreement, made and entered into this ____ day of July 2007, 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 17, 2007, and continuing
through midnight on July 17, 2009, at a salary of $_________per month.
2.City does hereby agree to provide a mobile phone and pager 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 seminars that are necessary for
professional development and for the good of City.
Deleted:
City does hereby agree to
review the Municipal Judge’s
compensation on an annual basis at the
5.The Municipal Judge shall perform all functions and duties required under the City
time the Municipal Judge’s performance
is reviewed by the City Council.
Charter, city ordinances, and as delineated and described in Attachment A, and shall
Deleted:
perform such other legally permissible and proper duties and functions as said position
The Municipal Judge shall
supervise and control the operation and
shall require.
clerical functions of the administrative
department of the municipal court,
including the court’s personnel, during
6.The City Manager shall administer this contract on behalf of the City Council. The
the proceedings or docket of the court. At
Municipal Judge shall keep the City Manager informed of issues related to the Court, and all other times, the operation and clerical
functions of the administrative
shall execute her performance in cooperation with the City Manager and the City
department of the municipal court shall
Manager’s staff, to the extent, such cooperation does not impair the necessary
be under the supervision and direction of
the court clerk. The Municipal Judge
independence of the Court.
further agrees to perform the duties of
Municipal Court Judge as outlined in
more detail in Attachment A.
7.During this Agreement, the Municipal Judge agrees to comply with all provisions of the
Deleted:
m
Code of Judicial Conduct, Chapter V of the City of Southlake Charter, Article II of
Deleted:
j
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 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 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 her 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 Andy
Wambsganss, 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
__________________________ ________________________
Andy Wambsganss
ATTEST:
__________________________
Lori Payne
City Secretary
Attachment A
Deleted:
¶
Duties of the
Municipal Court Judge
Essential Functions:
Deleted:
¶
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.
Deleted:
.
2.The Municipal Judge shall effectively interact with staff and other judges to execute
Deleted:
Hold and preside over hearing
and make rulings on misdemeanors in
assigned duties in a manner consistent with the expectations established by the City
non-jury trials
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.Hold and preside over hearings and make rulings on misdemeanors in non-jury trials.
Formatted: Bullets and Numbering
The Municipal Judge shall preside in a professional and impartial manner and treat
parties, attorneys, witnesses, and the public with courtesy and respect. Rulings shall be
issued in a timely manner consistent with evidence presented, applicable statutes, and
case law.
Deleted:
.
4.Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court
Formatted: Bullets and Numbering
procedures; administer the judicial system; settle disputes 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 begin promptly at
the scheduled times in order to provide quality customer service.
5.Establish rules of the procedures for questioning witnesses and defendants for which
Formatted: Bullets and Numbering
standard procedures have not been established.
6.Listen to presentation of cases and rule on the admissibility of evidence and methods of
Formatted: Bullets and Numbering
conducting testimony.
7.Promptly process and issue search and arrest warrants; set and forfeit bail for Class C
Formatted: Bullets and Numbering
misdemeanors falling under Municipal Court jurisdiction; set bail for felonies and
Deleted:
I
misdemeanors as part of magistration duties.
8.In performing magistrate duties, the Judge shall coordinate with police personnel to
Formatted: Bullets and Numbering
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
Formatted: Bullets and Numbering
evidence presented and sentence or fine offenders if convicted.
10.Review and keep current on all new laws, major court decisions and other pertinent
Formatted: Bullets and Numbering
information relevant to the revision of Court procedures and operations.
11.Demonstrate effort to improve operations, be specific, streamline work processes, and
Formatted: Bullets and Numbering
work cooperatively and jointly to provide quality customer service.
12.Represent the Southlake Municipal Court through attendance at community court-related
Formatted: Bullets and Numbering
functions.
Deleted:
¶
¶
¶
¶
¶
¶
¶
¶
¶
¶
¶
¶
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 909
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 17, 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 OF JUNE 2007 ON FIRST READING.
Andy Wambsganss
Mayor
ATTEST:
Lori Payne
City Secretary
PASSED AND APPROVED THIS THE OF JULY 2007 ON SECOND READING.
Andy Wambsganss
Mayor
ATTEST:
Lori Payne
City Secretary
Ordinance No. 909
Page two
APPROVED AS TO FORM AND LEGALITY:
______
City Attorney
DATE SIGNED: ___________________
DATE APPROVED: ___________________
EFFECTIVE DATE: ___________________
EXHIBIT ‘A’
CITY OF SOUTHLAKE
Professional Services Agreement
Municipal Judge
This Agreement, made and entered into this ____ day of July 2007, 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 17, 2007, and continuing
$_________
through midnight on July 17, 2009, at a salary of per month.
2.City does hereby agree to provide a mobile phone and pager 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 seminars that are necessary for
professional development and for the good of 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 her performance in cooperation with the City Manager and the City
Manager’s staff, to the extent, such cooperation does not impair the necessary
independence of the Court.
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 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 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 her 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 Andy
Wambsganss, 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
__________________________ ________________________
Andy Wambsganss
ATTEST:
__________________________
Lori Payne
City Secretary
Attachment A
Duties of the
Municipal Court 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.Hold and preside over hearings and make rulings on misdemeanors in non-jury trials.
The Municipal Judge shall preside in a professional and impartial manner and treat
parties, attorneys, witnesses, and the public with courtesy and respect. Rulings shall be
issued in a timely manner consistent with evidence presented, applicable statutes, and
case law.
4.Arbitrate disputes and advise counsel, jury, litigants, or Court personnel on Court
procedures; administer the judicial system; settle disputes 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 begin promptly at
the scheduled times in order to provide quality customer service.
5.Establish rules of the procedures for questioning witnesses 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 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 magistration duties.
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.
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 effort to improve operations, be specific, streamline work processes, and
work cooperatively and jointly to provide quality customer service.
Represent the Southlake Municipal Court through attendance at community court-related
12.
functions.