Loading...
Item 6NCITY OF SOUTHLAKE MEMORANDUM February 1, 2011 TO: Shana Yelverton, City Manager FROM: Sharen Jackson, Director of Finance SUBJECT: Ordinance No. 995, 2 nd 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. 949 in January 2009; Ordinance No. 995, 1 St Reading, was approved by City Council on January 18, 2011. 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 - Bribery 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: Alicia Richardson City Secretary PASSED AND APPROVED THIS THE DAY OF , 2011, ON SECOND READING. Mayor John Terrell ATTEST: Alicia Richardson 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: 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 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. 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 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: Alicia Richardson City Secretary STATE OF TEXAS Statement of Appointed Officer "I, Gary Lee Hach, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment as 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 2011. Leah M. Huff Court Clerk City of Southlake p� & 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 2011. Leah M. Huff T Cleric of the Court City of Southlalce % - &:i�\