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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. 2 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. 3 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: 4