Item 4SCITY OF
SOUTHL.AKE
MEMORANDUM
January 6, 2011
TO: Shana Yelverton, City Manager
FROM: Sharen Jackson, Director of Finance
SUBJECT: Ordinance No. 995, 1 St Reading, Appointing an Alternate Municipal 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 Gary Lee Hach has served as Alternate Municipal Judge beginning
Information: in January 2003 with approval of Ordinance No. 837 and approval of
subsequent Ordinance No. 902 in January 2007, and Ordinance No.
995 in January 2009.
Financial The Professional Services Agreement indicates a salary of $65 per
Considerations: required arraignment and $250 per court session.
NOTE: The salary for this position has not changed in twelve (12)
years. A recent sample survey of local municipalities revealed a
plethora of payment styles and salary ranges with little to no clear
consensus. Associate Judge salaries range from $10 to $43 per
hour, flat daily rates from $200 to $500, arraignment per diem rate
from $62 to $120 and trial per diems of $200 to $500 per court
setting.
Citizen Input/ Not applicable.
Board Review:
Legal Review: Substantial changes have not been made to the initial ordinance and
agreement which was reviewed and approved by the City Attorney's
Office in prior years.
Alternative: Advertise for alternate applications.
Supporting Ordinance No. 995
Documents: Professional Services Agreement
Anti - Briberty Oath of Appointed Officer
Oath of Office
Staff Approve the attached ordinance and agreement.
Recommendation:
CITY OF SOUTHLAKE
ORDINANCE NO. 995
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 (2) years, which will expire February 1, 2013, 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 2011, ON
FIRST READING.
Mayor John Terrell
ATTEST:
Lori A. Payne
City Secretary
PASSED AND APPROVED THIS THE DAY OF 2011, ON
SECOND READING.
Mayor John Terrell
ATTEST:
Lori A. Payne
City Secretary
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 , 2011, 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:
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 February 1, 2011, and continuing through midnight on
February 1, 2013, 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 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.
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 the 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 Chapter 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 the City Council approval not less than thirty (30) days
prior to the requested dates 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 John Terrell,
Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Alternate
Judge as hereunto set his /her hand and seal the date first above written.
ALTERNATE JUDGE: CITY OF SOUTHLAKE, MAYOR:
Gary Lee Hach John Terrell
ATTEST:
Lori A. Payne
City Secretary
STATE OF TEXAS
Statement of Appointed Officer
"I, Gary Lee Hach, do solemnly swear (or affirm) that I have not direclty or indirectly paid,
offered, promised to pay, contributed, or promised to contribute any money or thing of value, or
promised any public office or employementas a reward to secure my appointment or confirmation
thereof, so help me God."
Gary Lee Hach
Alternate Municipal Court Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of 1 2011.
Leah M. Huff
Court Cleric
City of Southlake
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STATE OF TEXAS
Oath of Office
"I, Gary Lee Hach, do solemnly swear (or affirm) that I will faithfully execute the duties of the
office of Alternate Municipal 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."
Gary Lee Hach
Alternate Municipal Court Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of 1 2011.
Leah M. Huff
Clerk of the Court
City of Southlake
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