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Home My WebLink About18-1841h:�resolution -appointment of interim municipal judge.doc RESOLUTION NO. 1$-1$41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, APPOINTING AN 1NTERIM MUNICIPAL JUDGE; SETTING FORTH THE TERMS OF THE INTERIM MUNICIPAL JUDGE' S APPOINTMENT AND SALARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Municipal Presiding Judge Robin Ramsay's last day of employment with the City of Denton is November 5, 2018; and WHEREAS, the City Council desires to appoint an interim Municipal Judge to take effect on November 6, 2018 at 12:01 a.m.; and WHEREAS, Gregory L. Bertrand, currently serves the City of Denton as an Assistant Judge at the City of Denton Municipal Court and requests consideration for appointment as the interim Municipal Judge; and WHEREAS, the City Council finds that this Resolution is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTIONwwwl. The recitals and findings contained in the preamble of this Resolution are incorporated into Wthe body of this Resolution. SECTION 2. Gregory L. Bertrand is hereby appointed Interim Municipal Judge of the City of Denton effective at 12:01 a.m. on November 6, 2018, and he will serve at the pleasure of the City Council until a permanent Municipal Judge is appointed or until the City Council takes action otherwise. During Gregory L. Bertrand's service as Interim Municipal Judge, he shall receive an annualized salary of One Hundred Twenty-Nine Thousand Dollars and no/100 ($129,000.00) (which equates to approximately Ten Thousand Seven Hundred Fifty Dollars and 00/100 ($10,750.00) per month), effective on the above-referenced date. SECTION 3. This Resolution upon its passage shall effectively terminate Gregory L. Bertrand's current employment contract with the City of Denton as an Assistant Judge, hereby attached for reference and marked as "Exhibit A." S�. Cm"� ��.�d �. This Resolution shall become effective immediately upon its passage and approval. The ma��-�tic�� TM ��. m* `,� and seconded 1 � °��*� �c��c�l��mc�� was made by �,,�u�¢� � �'� , i � � .. .... ...�, �.� t� '� �� .�%�'�+ � by �_ �� ,�_„_ ��" �� '�"" . The Resolution was ��ssed and approved by the � ca l l� ��i�� rc:at� � ��. �...._� � H:\RESOLUTION -Appointmenl of Inlerim Municipal Judge doc Mayor, Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the �� ' �, day of ��'��°��"�� ^° ; 2018. � , � � ��,� �°� �� HR ............... � A.�...............................��_ IS � �'.�q�"1�°'� MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � � B�C �,,,, .�:� � ��-� .:� .� ��a M��,.. ...... �µ �.�� APPROVED AS TO LEGAL FORM: �.�� : Page 2 Exhibit A m I = ' • , � � � , R 1 ' 1 � ` � �' � '! • •, #. •'. � �� .. � i... by and between the City of Denton, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as " i", and L. , hereinafter referred to as " ssista t u e". I . The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for the services of GREGORY L. BERTRAND (hereinafter referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two (2) years, beginning on the 31 st day of December, 2017, and continuing through midnight, December 31 st, 2019. Thereafter, said TERM of APPOINTMENT shall be automatically renewed and extended and said Assistant Judge shall be reappointed for successive terms of two (2) years each unless either The City or the Assistant Judge provides written notice of intent that said appointment and contract shall not be renewed at least Thirty (30) days prior to the expiration of any such term of appointment. The City of Denton therefore appoints and designates said Assistant Judge as a municipal judge and magistrate for and under the laws of the State of Texas, with all the powers, rights and duties of said appointment for a term of Two (2) years as well as all successive terms unless written notice of intent is given as provided herein. The Assistant Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms of this agreement. Conditions and restrictions as set forth for municipal judges as set forth under all applicable state statutes and as required under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) �."��1��"��" �'��:��T��i"�� T'�� '�'� �'�AY JAIL ARRAIGNMENTS — For the performance of any services as a municipal court judge (or as a statutory magistrate) for the City of Denton while presiding over any official court dockets or scheduled court sessions as assigned and directed by the Presiding Judge for Denton Municipal Court or scheduled through the municipal court coordinator, Assistant Judge shall be entitled to compensation at a rate of $70.00 per hour, with all portions of time over thirty (30) minutes billed as one (1) full hour. Travel time to an.d from the Court shall not be included as billable time. (b) ��".��T� ��S.�t�l �"dC�R1��" ��±��s�C�� „P"�� '"1�,1��'��"C'��MT� — In addition to the performance of any duties in acting as a municipal judge or magistrate during any time as assigned by the presiding judge or scheduled through the municipal court coordinator, any office hours as Assistant Municipal Judges Contract for Services Page 1 required for the completion of any paper work, document preparation, or warrant execution shall be billed at $70.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) "��'�:��1�� '.��x��"� JAIL ARRAIGNMENTS — When specifically assigned or designated by the Presiding Judge within his or her sole discretion, to perform magisterial duties in the City of Denton Municipal Jail or other designated detention or holding facility on either (a) officially designated City of Denton Holidays as designated by official city calendar, and (b) on Weekends (being defined as Saturday and Sundays), the Assistant Judge shall be compensated at a per diem rate of $165.00 per day. The Assistant Judge shall, on any such designated weekends and holidays, perform all judicial and magisterial functions necessary for the timely magistration and processing of city held prisoners, whether such would require one of multiple appearances on the same day of any such weekends or holidays. (d) �1'��I��1J�i� "T��il��:T1�.J��:I��.� �"�'"��"% �1�;��"�� — The City shall further compensate the Assistant Judge for any actual time expended or class hours spent in attendance at in-house judicial training or mandatory judicial staff ineetings as called by the presiding Judge, and such time shall be billed at $70.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) �I�w:1��"��`�"t�r��' w��1i�►��'".�f�� 1+a1�i.Y�",��.�� "1�.�,I�1��:� — The Assistant Judge shall attend, and the City shall compensate Assistant Judge for attendance of sixteen (16) hours of annual mandatory judicial education courses offered by the Texas Municipal Courts Education Center. The Assistant Judge shall be compensated at a rate of $70.00 per hour for each hour of attendance of annual mandatory judicial education. Additionally, the City will pay (1) any additional costs related for hotel costs required for a single room accommodation not paid directly by the state; and (2) the cost of credit for Minimum Continuing Legal Education (MCLE) as required by the Texas State Bar. However, unless the Assistant Judge receives the express prior approval of the Presiding Judge, the City will not reimburse the Assistant Judge or pay any cost incurred for travel or meals. The Judge's Office encourages the Assistant Judge to attend courses offered in the Dallas/ Fort Worth area. 3. The Assistant Judge agrees as follows: The Assistant Judge agrees to render services at the aforementioned compensation terms. The Assistant Judge is responsible for maintaining accurate and complete time records, setting forth the date, description of services rendered, the time incurred in rendering such services, and the total time billed to City. Such time records shall be submitted to the Municipal Judge or the Judicial Coordinator for Assistant Municipal Judges Contract for Services Page 2 review an a bi-weekly basis, and on the same date as required for City personnel payroll. Payment will be pracessed and paid in accordance with the City's payroll schedule. No additional benefits beyond the stated compensation will be provided. The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge ar his designee. The Assistant Judge shall have no set wark hours, assigned dockets ar duties other than as directed by the Presiding Municipal Judge or designee. The Assistant Judge is given no assurances as to minimum hours, work assignments or specific dockets and understands that all such work assignments are subject to change to accommadate the needs of the Court. The Assistant Judge shall be available to perform and shall perform if directed, the duties of the position, subject only to reasonable notice. The Assistant Judge must attend and complete any annual mandatory judicial education or other minimum judicial training as required by the State of Texas within the time periods as established by law. The Assistant Judge must maintain membership and licensure with the State Bar of Texas and pay all membership fees or dues on an annual basis as required by such membership or licensure. The Assistant Judge herein represents that such membership is in good standing and that all fees and mandatory continuing education requirements have been met at the time af this appaintrnent. 4. The Assistant Judge shall not take on representation of a client if such representatian would conflict with the Texas Cade of Judicial Ethics or the Texas Rules of Professional Conduct. The Assistant Judge shall nat take on representation of a client adverse ta the City af Denton. The Assistant Judge shall nat represent a client in a case where an employee of the City of Denton, in his/her capacity as an emplayee of the City af Denton is a witness ar may be suminoned to appear as a witness. 5. During the duration of this Contract, the Assistant Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter FF, and all other applicable laws pertaining to the operation of the Denton Municipal Court of Record, and his duties as a Magistrate. In the event of a conflict between the terms of this Contract and said Code, Charter, Statutes and laws, the terms of said Code, Charter, Statues and laws shall govern. " 6. The City herein acknowledges that the Assistant Judge may maintain a private law practice and may perform outside legal services so long as such legal services do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of Professional Conduct. The City acknowledges that it may be necessary for the Assistant Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City prvperty is authorized, the Assistant Judge must provide reimbursement to the City for any actual costs involved in these and other permitted uses of City property. Assistant Municipal Judges Contract for Services Page 3 7. The City further acknowledges that the Assistant Judge may perform judicial or magisterial functions as a judge or magistrate for another city, county, ar state agency, sa long as the performance af such duties do not conflict with the duties of the office af municipal judge for the City of Denton. The City therefore FINDS that the perfortnance of such duties or holding of any other such office is of benefit to the state of Texas and there is no conflict with the duties of this office. 8. The City may remove the Assistant Judge from office during their term of office pursuant to and in accardance with the requirement of §30.000085 of the Texas Government Code, or its successor, as same may hereafter be amended. The Assistant Judge may terminate this Contract by praviding written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between City and the Assistant Judge, and supersedes all prior negotiations and representations and/or contracts either written or oral. This Contract may be amended only by written instrument signed by both the City and the Assistant Judge. The Assistant Judge further states that they have carefully read the foregoing Contract, and understands the contents thereaf, and signs the same as their own free act. IN WITNESS E OF, City has caused this Contract to be signed in its name by Chris Watts, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the day and year first above written. . .► 1 1 � �� yJ.�l� �� ,�i '� � ,� � � ��.«� � �r �"„ � U � `� � � ' � •tu � � � � ' �� , �� ' '� � � +,� 'nA � � � � CITY OF DENTON, TE S :� � By• �''� � CIl IJ � ,W'#4Wd��r.1„ �ti.'�,� 1 0ll .. . , Assistant Municipal Judges Contract for Services Page 4