Item 6FC ITY OF �"ui Q r
SOU l 1 11__,! KE
MEMORANDUM
August 2, 2012
To: Shana Yelverton, City Manager
From: Stacey Black, Director of Human Resources
ITEM 6F
Subject: Ordinance No. 1037, 2nd Reading, Appointing the Judge of the
Municipal Court of Record and authorizing the Mayor to
execute an agreement with the Municipal Judge.
Action
Requested: City Council appointment of the Judge of the Municipal Court of
Record and authorization for the Mayor to execute an agreement
with the Municipal Judge.
Background
Information: City Council discussed the appointment, employment, evaluation
and duties of Municipal Court Judge Carol Montgomery in Executive
Session at the June 6, 2012 City Council meeting. Judge
Montgomery has served as the City of Southlake's Judge since July,
2001. As a result of their discussion, City Council decided to re-
appoint Carol Montgomery and provide a 5% increase to her annual
salary.
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;
• Two or more years of experience in Texas; and
• Two -year term.
The current ordinance, Ordinance No. 1006, both appoints the
Municipal Court Judge and executes the agreement. This structure
requires City Council approve and adopt a new ordinance in order to
make any compensation, benefit or other changes to the Judge's
agreement. City Council has directed staff to modify the ordinance
to only appoint the Judge and authorize the Mayor to execute an
agreement with the Judge. This would allow the agreement to be
taken to City Council for approval as a separate agenda item and
allow City Council to adopt any changes to the agreement in the
Shana Yelverton, City Manager
August 2, 2012
Page 2
ITEM 6F
future without requiring a new ordinance. The agreement, approved
by City Council, would establish the compensation, benefits and
essential functions of the Judge. In order to provide for this change,
City Council must adopt a new ordinance.
The ordinance included in the packet authorizes the appointment of
Carol Montgomery to Municipal Court Judge for the City of
Southlake through July 7, 2014 and authorizes the Mayor to execute
an agreement to establish the compensation, benefits and essential
functions of the Municipal Court Judge. The agreement will
presented as a separate agenda item for Council consideration.
Financial
Considerations: Compensation for the Judge is currently $42,000 annually and, upon
approval of the agreement, will increase to $44,100.
Strategic Link: Performance Management and Service Delivery.
Citizen Input/
Board Review: N/A
Legal Review: The ordinance was reviewed by the City Attorney's Office.
Alternatives: City Council may leave Ordinance No. 1006 and the executed
agreement in effect.
Supporting
Documents: Ordinance No. 1037
Staff
Recommendations: City Council appointment of the Judge of the Municipal Court of
Record and authorize the Mayor to execute an agreement with the
Municipal Judge to establish compensation, benefits, and essential
functions.
ORDINANCE NO. 1037
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS APPOINTING
THE JUDGE OF THE MUNICIPAL COURT OF RECORD IN THE CITY OF
SOUTHLAKE AND AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE MUNICIPAL JUDGE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council has adopted regulations governing its municipal
court of record in Article 11 of Chapter 8 of the Code of Ordinances of the City of Southlake,
Texas, as amended; and
WHEREAS, Chapter 30 of the Texas Government Code relating to municipal
courts of record provides that the judge of the municipal court of record shall be appointed
by the City Council by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
In accordance with the Code of Ordinances of the City of Southlake, Texas, as
amended, Carol Montgomery is hereby appointed as the judge of the municipal court of
record in the City of Southlake, Texas, for a term of two years, which will expire July 7,
gnia
SECTION 2.
This appointment of the judge shall be for a term of office of two years from the
date of appointment.
Page 1
SECTION 3.
The Mayor is hereby authorized to execute the Agreement with the Municipal
Judge approved by the City Council to establish the compensation, benefits and essential
functions of the Municipal Court Judge.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of Ordinances of the City of Southlake, Texas, as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and such
Code, in which event the conflicting provisions of such ordinances and such Code are
hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
Page 2
PASSED AND APPROVED ON FIRST READING THIS DAY OF
2012.
JOHN TERRELL
MAYOR
ATTEST:
ALICIA RICHARDSON
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
, 2012.
JOHN TERRELL
MAYOR
ATTEST:
ALICIA RICHARDSON
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 3
STATE OF TEXAS
Oath of Office
"I, , do solemnly swear (or affirm) that I will faithfully
execute the duties of the office of Municipal Court Presiding 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."
Municipal Court Presiding Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of ) 2012.
1
Clerk of the Court
City of Southlake
X-C-3-F AIv.
STATE OF TEXAS
Statement of Appointed Officer
" I, , 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."
Municipal Court Presiding Judge
City of Southlake
Sworn to and subscribed before me by affiant on this day of , 2012.
0,
Court Clerk
City of Southlake