Item 6EItem 6E
CITY OF
SOUTHLAKI
MEMORANDUM
May 28, 2014
TO: Shana K. Yelverton, City Manager
FROM: Stacey Black, Director of Human Resources
SUBJECT: Ordinance No. 1094, 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 approval of Ordinance No. 1094, 2nd Reading, Appointing
the Judge of the Municipal Court of Record and authorizing the Mayor
to execute an agreement with the Municipal Judge.
Background
Information: Chapter 5 of the Southlake City Charter states that "The City Council
shall by ordinance appoint one or more judges of the Municipal Court."
The Charter also stipulates the qualifications and conditions of the
position, which include:
• the individual must be a licensed attorney in good standing;
• the individual must be licensed to practice in the State of Texas;
• the individual must have two or more years of experience in
practicing law in Texas; and
• that the judge shall serve a two-year term.
The Judge is primarily responsible for presiding over all municipal court
proceedings and performing magistrate duties.
The current Judge of the Municipal Court is Carol Montgomery. Judge
Montgomery has served as the City's Municipal Court Judge since July
17, 2001 and has been reappointed by the City Council six times over
the last twelve years, most recently on July 7, 2012 with Ordinance No.
1037. City Council conducted an annual review of her performance,
compensation and essential functions at the October 1, 2013 City
Council meeting and adjusted her compensation to an annual salary of
$64,775 to align with the Council's adopted employee compensation
philosophy. Her current term expires on July 7, 2014, thus creating a
need for City Council to appoint a Judge of the Municipal Court.
Shana K. Yelverton, City Manager
May 28, 2014
Page 2
ITEM 6E
Judge Montgomery is seeking re -appointment and is not requesting
any adjustment to her compensation or benefits. Judge Montgomery
currently satisfies all of the qualifications and conditions of the Charter.
Ordinance No. 1094, included in your packet, authorizes the
appointment of Carol Montgomery as Municipal Court Judge for the
City of Southlake through July 7, 2016. It also authorizes the Mayor,
with City Council approval, to execute an agreement to establish the
compensation, benefits and essential functions of the Municipal Court
Judge. This allows the agreement to be taken to City Council for
approval as a separate agenda item and allows City Council to adopt
any changes to the agreement during the two year term without
requiring a new ordinance.
The Ordinance passed on the first reading at the May 20, 2014 City
Council Meeting. The agreement to establish compensation, benefits
and essential functions is item 6F on this City Council agenda.
Financial
Considerations: Annual compensation for the Judge is currently $64,775 (gross bi-
weekly salary of $2,491.35) and no increase is requested with this
item. As such, there is no negative financial impact.
Strategic Link: Performance Management and Service Delivery: Collaborate with
select business partners to implement service solutions.
Citizen Input/
Board Review: N/A
Legal Review: The ordinance was reviewed by the City Attorney's Office.
Alternatives: Judge Montgomery is seeking reappointment. Council may reappoint
Judge Montgomery or seek other applicants as desired.
Supporting
Documents: Ordinance No. 1094
Executed Ordinance No. 1037
Staff
Recommendation: City Council appointment of Carol Montgomery as the Judge of the
Municipal Court of Record and authorize the Mayor to execute an
agreement with the Municipal Judge.
ORDINANCE NO. 1094
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 II 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,
2016.
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
2014.
JOHN TERRELL
MAYOR
ATTEST:
ALICIA RICHARDSON
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING THIS DAY OF
, 2014.
JOHN TERRELL
MAYOR
ATTEST:
ALICIA RICHARDSON
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 3
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,
2014.
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 I �"I 714 DAY OF
Oa hJ f-- , 2012.
JOHN TERRELL
MAYOR
ATTEST:
ALICIA RICHARDSON
CITY SECRETARY
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PASSED AND APPROVED ON SECOND READING THIS DAY OF
A u(� u 5T" , 2012.
JOHN TERR L
MAYOR
ATTEST: %%W11„1,,,,,,,
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ALICIA RICHARDSON .
CITY SECRETARY =,, ••'••.•..•••..•�•
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 3