HomeMy WebLinkAboutCity Council Resolutions (R-12-3526)-08/21/2012RESOLUTION R-12-3526
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, attached as
Exhibit °A", provides for the selection of a Regional Municipal
Court 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,
attached as Exhibit "A", hereby appoints Michael S. Newman,
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, 2012.
ec. 3. THAT the Regional Municipal Court Judge Agreement attached
as Exhibit 1 is approved.
D IT IS SO RESOLVED.
Resolution R-12-3526
Page2of2
PPROVED BY A VOTE OF ~ AYES, a NAYS, AND ~
BSTENTIONS ON THIS THE 21ST DAY OF AUGUST 2012.
iATTES7:
L~ CITY OF COLLEYVILLE
~~ ,.
C David Kelly
Mayor
.
Cynthia Singleton, TRMC,
City Secretary
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.
C:~Documents and Settings\leaket\Local Settings\Temporary Intemet Files\Content.0utlook\N6ZOBH9M~Exhibit A Judge (2).doc
REGIONAL MUNICIPAL COURT NDGE
AGREEMENT
On the 21 S` day of August, 2012, the City Council of the City of Colleyville appointed Michael S.
Newman to serve as the Municipal Court Judge for the municipal court of record for the City of
Colleyville contingent upon the execution of this Regional Municipal Court Judge Agreement
(the "Agreement"). On the 21 St day of August, 2012, the City Council of the City of Keller
appointed Michael S. Newman to serve as the Municipal Court Judge for the municipal court of
record for the City of Keller contingent upon the execution of this Agreement. This Agreement
between the City of Colleyville, the City of Keller, and Michael S. Newman shall become
effective October l, 2012 upon the acceptance of the following terms and conditions for such
professional services as evidenced by the signature of the parties.
Appointment
a. The Regional Municipal Court Judge is appointed for a two (2) year term of office to
commence on October 1, 2012. The appointment of the Regional Municipal Court Judge
does not constitute a resignation pursuant to Section 2-1420 of the City of Keller Code of
Ordinances. The Regional Municipal Court Judge may be removed as provided by law.
The removal of the Regional Municipal Court Judge by either the City of Colleyville or
the City of Keller shall be mutually effective to terminate this Agreement. The Regional
Municipal Court Judge must voluntarily terminate any employment contract(s),
agreement(s) or arrangements currently in place with either the City of Colleyville or the
City of Keller prior to the effective date of this Agreement or this Agreement shall be null
and void.
b. The Regional Municipal Court Judge is an appointee of the City Council of Colleyville
and the City Council of Keller from whom broad, general guidance is received. The
Regional Municipal Court Judge shall only exercise direct supervision over the Associate
Municipal Court Judge(s). The Regional Municipal Court Judge shall have all authority
vested under law.
c. The Regional Municipal Court Judge shall be responsible for obtaining the services of an
Associate Judge(s) and presenting the Associate Judge(s) for appointment by the City
Council Committee. The Associate Judge position shall not be vacant during the term of
the Regional Municipal Court Judge for more than 60 consecutive days. All
compensation due the Associate Judge(s) will be paid by the Regional Municipal Court
Judge.
d. The Regional Municipal Court Judge and any Associate Municipal Court Judge(s) are
required to keep abreast of State law and local ordinances, including State mandated fees,
as applicable to Texas Municipal Courts, as well as criminal laws applicable to
magistration duties, and issuance of warrants. Although a recognized function of judicial
discretion, the Regional Municipal Court Judge agrees to adjudicate consistently and
within all applicable legal standards. The Regional Municipal Court Judge must be an
attorney licensed by the Texas Supreme Court, and must remain in good standing with
the State Bar of Texas at all times during the term of this Agreement. The Regional
Municipal Court Judge must attend the minimum required Texas Judicial Continuing
Legal Education, including, but not limited to, the annual judge's training, at no
additional cost to the City of Colleyville and the City of Keller.
e. For the duration of this Agreement, the Regional Municipal Court Judge shall provide
best efforts to respond physically, verbally or electronically within 30 minutes or as may
be warranted.
£ The Regional Municipal Court Judge shall demonstrate a commitment to the preservation
of the City's values, ethics, policies, and procedures.
Municipal Court
a. Court dockets for adult and juvenile cases shall be scheduled as designated by the
Regional Municipal Court Judge in coordination with the Municipal Court Administrator
in order to facilitate optimal court efficiency in support of the cities of Colleyville and
Keller's customer service values.
b. The Regional Municipal Court Judge shall operate court proceedings, including but not
limited to, court technology and court security, within the allocated budget and staffing as
approved by the City Councils of the cities of Colleyville and Keller.
c. Essential and other responsibilities and duties include, but are not limited to, the
following:
1. The Regional Municipal Court Judge shall preside over court dockets and trials
(Class C Misdemeanors, City ordinances, traffic violations, criminal
misdemeanor, property matters, criminal jury and non jury trials, pre-trial
conferences, juvenile warnings, and other cases appropriately tried in Municipal
Court).
2. Preside over jury and non jury cases and levy fines commensurate with the
violation in such manner to preserve equity and uniformity in the application of
existing laws and ordinances.
3. Be available (or designated Associate Judge(s)) on a 24/7 basis to review and/or
sign search, arrest and blood warrants, appeal bonds, prisoner transfer
documentation, etc.
4. Coordinate court activities with Municipal Court Administrator, City Attorney
and/or City Prosecutors, and other city departments.
5. Conduct hearings (property, emergency protective order, dangerous dog, etc.).
6. Provide arraignment duties as needed and shall be available for magistrate
services within a reasonable time after notice by the Municipal Court
Administrator or Police Department.
7. Ensure two (2) daily (AM and PM) arraignments, or as may be needed, at the
Regional Holding Facility in Keller.
8. Collaborate with the City Council Committee (as defined in the Interlocal
Agreement between the cities of Colleyville and Keller) and applicable city
department(s) to ensure policies and orders are within the parameters of state law
but also consistent with the values of the communities and needs of other
departments.
9. Any duties or responsibilities of a municipal court Judge pursuant to and
consistent with State law.
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d. All court documents including, but not limited to: disposition sheets, judgment forms,
court orders, bond forfeitures must be properly completed. The Regional Municipal
Court Judge shall ensure that all documents are properly completed to ensure the
enforceability of same and that no information is omitted on judgments, orders, Adult
Warning Sheets, Request for Counsel, or other documentation.
e. The Regional Municipal Court Judge may be called upon to perform all services and
duties, as they relate to arraignment customarily performed by the Judge or Magistrate of
a municipal court of record in the State of Texas.
f. The Regional Municipal Court Judge shall become proficient within 90 days of
appointment in the use of the Court software(s) and/or technology. The Regional
Municipal Court Judge shall be provided a reasonable level of training for such software
and technology.
g. The Regional Municipal Court Judge will serve as an official for the City of Colleyville
and the City of Keller and will be afforded all protections of the applicable City Charter
and insurance policy(ies). In addition, the Regional Municipal Court Judge shall retain all
protections and immunities provided by State Constitution and law.
Compensation and Evaluation
a. As compensation for all required services, as outlined herein, the City agrees to pay the
Regional Municipal Court Judge $4,615.38 bi-weekly which equates to annual
compensation of $120,000. The Regional Municipal Court Judge and qualifying family
members shall also qualify for the Keller Pointe Family Membership discounted rate. No
other compensation or benefits shall be paid to the Regional Municipal Court Judge.
b. Parties shall comply with all provisions of the Internal Revenue Code, as amended.
c. The term of this Agreement shall be for a period of two years, commencing on the
effective date of October 1, 2012, unless otherwise terminated in advance. The
compensation provided for above shall cease immediately upon the expiration or
termination of this Agreement, the resignation of the Regional Municipal Court Judge, or
any other circumstance which prevents the Municipal Court Judge from performing their
duties.
d. The Regional Municipal Court Judge shall meet with the City Council Committee on a
quarterly basis for the first year and at least annually thereafter on an on-going basis to
assess performance and foster communication.
e. The Regional Municipal Court Judge shall collaborate with the City Council Committee
within 180 days of appointment to establish judge specific performance benchmarks
regarding the effectiveness and productivity of the court, which may be amended from
time to time as needed.
£ No later than 30 days prior to the annual appointment date, the Regional Municipal Court
Judge shall prepare annual self-evaluation performance reviews for examination by the
City of Colleyville City Council and the City of Keller City Council.
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CITY OF COLLEYVILLE
REGIONAL MUNICIPAL COURT NDGE
By:
Michael S. Newman
'Z Date signed: ~~-Z 2-u t 2
~yville City CounCi~
'AUG 212012
APPROVED AS TO FORM AND LEGALITY: ~provEd
~~~~C ~
City Attorney
CITY OF ER
By. ~ ,
yor Pat McGrailM
Date signed: ~~
~
City S cretary
~LITY:
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