Item 6DCITY OF
SOUTHLAK
TEXAS
MEMORANDUM
TO: Shana Yelverton, City Manager
FROM: Kristin White, Municipal Court Manager
ITEM 6D
SUBJECT: Ordinance No. 1114, 2nd 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
Information: Gary Lee Hach has served as Alternate Municipal Judge since January of
2003 with the approval of Ordinance No. 837. Since that initial ordinance,
Gary Lee Hach and has been reappointed five additional times.
Financial
Considerations: $10,000 per year is budgeted for this contract. The Professional Services
Agreement indicates a salary of $65 per required arraignment and $250 per
court session. The average annual pay is $7,910 over the past 7 years with
the highest paid year at $9,951 and the lowest paid year at $6,153. The
median salary for Judge Hach is $8,150. In addition to the salary, the City
pays for professional memberships and dues to State and local legal
associations, including the Texas State Bar Association. The City also incurs
the costs of registration and travel for required judicial education as well as
professional development.
Citizen Input/
Board Review: Not applicable.
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.
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ITEM 6D
Supporting
Documents: Ordinance No. 1114
Professional Services Agreement
Anti -Bribery Oath of Appointed Officer
Oath of Office
Staff
Recommendation: Approve the attached ordinance and agreement
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ITEM 6D
CITY OF SOUTHLAKE
ORDINANCE NO. 1114
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, 2017, 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 , 2015, ON
FIRST READING.
Mayor John Terrell
ATTEST:
Lori Payne
City Secretary
PASSED AND APPROVED THIS THE DAY OF , 2015, ON
SECOND READING.
ATTEST:
Lori Payne
City Secretary
Mayor John Terrell
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ITEM 6D
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date Signed:
Date Approved:
Effective Date:
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ITEM 6D
CITY OF SOUTHLAKE
Exhibit A
Professional Services Agreement
Alternate Judge
This Agreement, made and entered into the day of ,
2015, 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, 2015, and
continuing through midnight on February 1, 2017, at a salary of $65 per 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.
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ITEM 6D
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:
Gary Lee Hach
ATTEST:
Lori Payne
City Secretary
CITY OF SOUTHLAKE, MAYOR
John Terrell
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ITEM 6D
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 12015.
Kristin White
Municipal Court Clerk
City of Southlake
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ITEM 6D
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 12015.
Kristin White
Municipal Court Clerk
City of Southlake
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