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HomeMy WebLinkAboutCity Council Resolutions (R-14-3777)-09/02/2014 RESOLUTION R-14-3777 A RESOLUTION APPOINTING A REGIONAL MUNICIPAL COURT JUDGE IN ACCORDANCE WITH THE PROVISIONS OF THE CITY OF COLLEYVILLE, TEXAS CHARTER, SECTION 8.02 AND WITH EXHIBIT "A" OF THE INTERLOCAL AGREEMENT FOR COMBINED MUNICIPAL COURT SERVICES FOR THE CITIES OF COLLEYVILLE AND KELLER WHEREAS, the Interlocal Agreement for Combined Municipal Court Services for the cities of Colleyville and Keller, Exhibit "A", provided for the selection of a Regional Municipal Judge; and WHEREAS, Section 8.02 of the City of Colleyville, Texas Charter states that "The Judge of the Municipal Court shall be appointed by the City Council to serve at the discretion of the City Council. He shall be an attorney licensed and practicing in the State of Texas, and shall receive such salary as may be fixed by the City Council. In case of the disability or absence of the Judge of the Municipal Court, the City Council shall appoint a qualified person to act in his place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Sec. 2. THAT the City Council of the City of Colleyville, Texas in accordance with the Interlocal Agreement for Combined Municipal Court Services for the cities of Colleyville and Keller, Exhibit "A", hereby appoints Sara Jane del Carmen as the City of Colleyville Municipal Court Judge for the City of Colleyville Municipal Court of Record for a period of two years effective October 1, 2014, and is hereby also appointed as Associate Municipal Court Judge for the period of September 15-30, 2014. Sec. 3. THAT the Mayor is authorized to sign the Regional Municipal Court Judge agreement. Resolution R-14-3777 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 1 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 2ND DAY OF SEPTEMBER 2014. ATTEST: CITY OF COLLEYVILLE tb.,413 Am helley, C David Kelly City Secretary Mayor Exhibit A Colleyville and Keller recognize that the combined Municipal Court will operate most efficiently with the appointment of a single Municipal Court Judge, and the parties will endeavor to achieve that goal. That said, Colleyville and Keller reserve the right to select and/or remove their Municipal Court Judge in accordance with their applicable Charter provisions. A municipal judge review and selection committee consisting of both Mayor's and two duly appointed City Council members from each City will formulate a process for obtaining and assessing candidates for the Municipal Court Judge position. The current Judges for Colleyville and Keller will be invited to submit their candidacy for the combined Court. Upon the conclusion of such process, the Committee shall make a recommendation to the full Colleyville and Keller City Councils for the selection of the Municipal Court Judge. If such candidate is approved by both the Colleyville and Keller City Councils, that candidate shall serve as the Municipal Court Judge for the combined Municipal Court for an initial term of two (2) years. In the event the candidate is not approved by both Colleyville and Keller, the matter shall be referred back to the standing committee for the recommendation of an alternative appointment. In the event such alternative appointment is not approved by both Colleyville and Keller, then this issue shall be sent to dispute resolution pursuant to Section 9 of the Agreement. Any renewals of term or approval of a replacement Judge will be subject to this process. Upon appointment, the Municipal Court Judge will be responsible for all judicial services for the combined Court, including but not limited to the following: adjudication of all cases, plea dockets, trial dockets (both before the court and jury trials), property hearings, arraignments, emergency protective order hearings, dangerous dog hearings, warrant issuance (including search, arrest, and blood warrants),juror notification, setting of bonds, other judicial proceedings and magistrate services. The Municipal Judge shall propose to the standing committee a temporary replacement(s) who shall perform the duties of the Municipal Judge in his/her absence. In the event either Colleyville or Keller objects to the proposed temporary replacement Judge(s), the Municipal Court Judge must propose an alternative replacement(s) until such replacement(s) is approved by both Colleyville and Keller. If for any reason,the Municipal Court Judge is unable to attend to their duties on a given date, the Judge must notify the Court Administrator. Any temporary replacement Judge will be compensated by the Municipal Court Judge out of his/her salary. The standing committee shall recommend an annual salary for the Municipal Judge to be considered by the respective City Councils and if approved incorporated into the employment contract of the Municipal Judge.