HomeMy WebLinkAbout26-1387ORDINANCE NO. 26-1387
AN ORDINANCE OF THE CITY OF DENTON APPOINTING CYNTHIA BURKETT AS THE
PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
ESTABLISHING A TWO-YEAR TERM OF OFFICE FOR THE PRESIDING JUDGE
COMMENCING ON THE 1 ST DAY OF OCTOBER, 2026, AND EXTENDING THROUGH
THE 30TH DAY OF SEPTEMBER 2028; APPROVING A COMPENSATION AGREEMENT
AND AUTHORIZING THE EXECUTION THEREOF BY THE MAYOR; AUTHORIZING
THE EXPENDITURE OF FUNDS; PROVIDING SEVERABILITY AND REPEALER
CLAUSES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to appoint Cynthia Burkett as Presiding Municipal Judge to
preside over the judicial functions of the Municipal Court of Record for the City of Denton, and
to establish a two-year term of office for Presiding Judge, said appointment commencing on the
1st day of October 2026, and ending on September 30, 2028; and
WHEREAS, the term of Cynthia Burkett as Interim Presiding Judge ends on September 30, 2026,
necessitating the consideration of an appointment a Presiding Municipal Judge for the term stated
above to preside over the judicial functions of the Municipal Court of Record for the City of
Denton; and
WHEREAS, Article XI, Section 11 of the Texas Constitution, and Chapters 29 and 30 of the Texas
Government Code requires the Council establish two (2) year terms of office; and
WHEREAS, Section 30.00006 of the Government Code provides that a governing body shall
appoint one or more Judges to preside over a municipal court of record; and
WHEREAS, Chapter 30.00007 of the Government Code requires the governing body of a
municipality to appoint a presiding judge if there is more than one municipal judge appointed in
the municipality; and
WHEREAS, Section 6.03 of the Charter of the City of Denton and Chapter 19 of the City Code
for the City of Denton authorize the City Council to appoint a Presiding Municipal Judge to preside
over the judicial functions of the Municipal Court of Record for the City of Denton; and
WHEREAS, under Article VI, Section 6.03 of the Denton City Charter, as well as Article II,
Section 19-36 of the Code of Ordinances for the City of Denton, the Presiding Municipal Judge
shall be appointed in even -numbered years; and
WHEREAS, the City Council believes is in the best interest of the City of Denton and its citizens
to appoint Cynthia Burkett for the term stated above; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the above preamble to this Ordinance are incorporated as if
fully set out herein, are true and correct, and are hereby adopted.
SECTION 2. Cynthia Burkett is hereby appointed as the Presiding Judge for the Municipal Court
of Record for the City of Denton commencing on the 1 st day of October 2026, and ending on
September 30, 2028.
SECTION 3. The City of Denton therefore appoints and designates Cynthia Burkett as Presiding
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 two (2) year term of office. As provided for in Section
29.005 of the Texas Government Code, if no action is taken by the City Council for the City of
Denton, Texas by the 91st day following the expiration of the term of office provided for herein,
the term of Presiding Municipal Judge will continue for another two-year period.
SECTION 4. The City Council does not appoint to the Municipal Court any person not specifically
appointed in this ordinance, or for any term not expressly stated in this ordinance.
SECTION 5. This Ordinance shall supersede and replace any prior ordinance of the City of Denton
appointing a presiding municipal judge.
SECTION 6. Compensation for the Presiding Judge is provided for by separate agreement entered
into by the City of Denton and the individual appointed herein.
SECTION 7. The Presiding Judge shall not be removed during the above stated term except as
provided for in Article V, Section 1-a (6) the Texas Constitution, Section 30.000085 of the Texas
Government Code, Subchapter B, Chapter 21, of the Local Government Code, or City Charter, or
pursuant to an agreement in accordance with such constitution and laws.
SECTION 8. Should any portions or provisions of the City Code or City Charter for the City of
Denton conflict with state law, the Texas Constitution and Chapter 30 of the Texas Government
Code shall control regarding the terms of appointment, re -appointment, qualifications, or removal
of a municipal court judge as appointed herein.
SECTION 9. The City Council shall monitor the municipal judge's term of office and conduct
such evaluations at such times and in such manner as Council deems appropriate in accordance
with law, and the Director of Human Resources shall be responsible to bring an item to City
Council no later than June 30, 2028, or as otherwise directed by City Council to provide sufficient
time for City Council consideration and subsequent reappointment.
SECTION 10. The City Council hereby approves a "Compensation Agreement" with the
Municipal Court Presiding Judge appointed herein to commence on October 1, 2026, and expire
at 11:59p.m. on September 30, 2028, said agreement being substantially in the form attached
hereto as Exhibit 1 and incorporated herein by reference, and authorizes the Mayor to execute said
Agreement.
SECTION 11. The City expenditures provided for in this Agreement are hereby authorized.
SECTION 12. If any section, subsection, paragraph, sentence, clause, phrase, or word in this
Ordinance, or the application thereof to any person or under any circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Ordinance, and the City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such invalidity.
SECTION 13. Any provision of a prior ordinance of the City of Denton, whether codified or
uncodified, in conflict with any provision of this ordinance, is hereby repealed to the extent of the
conflict, but all other provisions of the ordinances of the City not in conflict with the provisions of
this Ordinance, shall remain in full force and effect.
SECTION 14. This Ordinance shall become effective immediately upon its passage and approval.
The motion to approve this Ordinance was made by George Ferrie and
seconded by suzi Rumohr , the Ordinance was passed and approved by
the following vote [ 5 - o 1:
Aye
Mayor Chris Watts:
Jordan Villareal, District 1:
Nick Stevens, Mayor Pro Tem District 2:
Suzi Rumohr, District 3:
Joe Holland, District 4:
George Ferrie, At Large Place 5:
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 22nd
ATTEST:
KRISTI GILBERT, CITY SECRETARY
BY:
Nay Abstain Absent
day of September , 2026.
0 A,4
CHRIS WATTS, MAYOR
STATE OF TEXAS §
COUNTY OF DENTON §
MUNICIPAL COURT PRESIDING JUDGE
COMPENSATION AGREEMENT
Table of Contents
SECTION 1. TERM OF APPOINTMENT AND OF AGREEMENT .................................... 2
SECTION2. DUTIES................................................................................................................... 2
SECTION3. COMPENSATION................................................................................................. 3
SECTION 4. HEALTH, DISABILITY, LIFE INSURANCE AND OTHER BENEFITS.... 4
SECTION 5. PROFESSIONAL DEVELOPMENT...................................................................4
SECTION 6. AUTOMOBILE......................................................................................................4
SECTION 7. VOLUNTARY SEPARATION PRIOR TO END OF CURRENT TERM ....... 4
SECTION 8. GENERAL BUSINESS EXPENSES; PROFESSIONAL DEVELOPMENT. 5
SECTION9. HOURS OF WORK...............................................................................................5
SECTION 10. INVOLUNTARY SEPARATION AND SEVERANCE....................................6
SECTION 11. OUTSIDE ACTIVITIES......................................................................................8
SECTION12. BONDING.............................................................................................................8
SECTION 13.OTHER TERMS AND CONDITIONS............................................................. 8
SECTION 14. GENERAL PROVISIONS.................................................................................. 8
SECTION 15. PERFORMANCE EVALUATION.................................................................... 8
This Compensation Agreement ("Agreement"), is made and entered into this 1 st day of
October, 2026 by and between the City of Denton, Texas, a Texas municipal corporation,
hereinafter called "City," and Cynthia Burkett, Denton Municipal Court Presiding Judge,
(hereinafter called "Appointee" or "Presiding Judge") and each agree as follows:
WHEREAS, Cynthia Burkett was appointed as the Interim Presiding Judge of the
Municipal Court on May 5, 2026; and
WHEREAS, the parties acknowledge Cynthia Burkett is a member of the State Bar of
Texas ("State Bar") and that the Presiding Municipal Court Judge is subject to the Code of
Professional Responsibility of the State Bar and must comply with all conditions and restrictions
as set forth for municipal judges under all applicable state statutes and as required by the Texas
Code of Judicial Conduct; and
WHEREAS, the parties agree the appointment ordinance appointing Cynthia Burkett as
the Presiding Judge from October 1, 2026, through September 30, 2028, was approved in
accordance with all applicable Texas constitutional and statutory requirements, and supersedes all
previous ordinances appointing the Presiding Judge of the Denton Municipal Court.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
SECTION 1. TERM OF APPOINTMENT AND OF AGREEMENT.
A. The Presiding Judge has previously been appointed for a term as the Interim Municipal
Presiding Judge with the current term ending on September 30, 2026 with an independent
contractor agreement entered in accordance therewith ("Current Contract").
B. The Presiding Judge on or before the date of execution of this Agreement has been
appointed to serve as the Presiding Judge for a term commencing on October 1, 2026, and
ending September 30, 2028.
C. This Agreement shall commence on 12:01 a.m. on October 1, 2026, and expire at 11:59p.m.
on September 30, 2028.
D. This Agreement supersedes all previous agreements between the City of Denton and the
Appointee, and upon its commencement shall effectively terminate Cynthia Burkett's
Current Contract with the City of Denton as the Interim Presiding Municipal Judge with
no further action by the City.
E. Notwithstanding the expiration date stated in Section I.B. above, this Agreement shall
immediately and automatically terminate upon the City Council's action to remove Cynthia
Burkett prior to the expiration of this Agreement due to involuntary termination or
involuntary separation.
F. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of City
to terminate the services of the Presiding Judge at any time, subject only to the laws of the
state of Texas, the ordinances of the City of Denton, and the provisions expressly set forth
herein.
G. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the
Presiding Judge to resign at any time from her position with the City, subject only to the
provisions set forth in Section 7, paragraph B, of this Agreement.
H. The Presiding Judge agrees not to accept or perform other work or employment, nor to
become employed, engaged, contracted, or appointed by any other city or employer or as
an independent contractor, except as may be provided in Section 9.C., until this Agreement
is terminated by either party as provided herein.
SECTION 2. DUTIES.
A. City hereby engages the services of Cynthia Burkett as the Presiding Judge of said City to
perform the functions and duties specified by and in accordance with the Code of Judicial
Conduct, the Denton City Charter, the City Code, the laws of the State of Texas including
Chapters 29 and 30 of the Texas Government Code, and all other applicable laws, and to
perform other legally permissible and proper duties and functions as City shall from time
to time assign. Such duties include court sessions, hearings as may be needed,
arraignments, in-house training, office hours including duties outside of court such as
queues, warrants etc., and other services of the Municipal Court Judge, including as a
statutory magistrate.
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B. The Presiding Judgeis required to serve as a "Jail Magistrate" to perform magisterial duties
related to persons arrested by, and in the custody of the Denton Police Department.
C. The Presiding Judge shall be responsible for providing after-hours warrant service. "After
hours" is defined as all hours excluding 8:00 AM to 5:00 PM on Monday through Friday
but including City -approved holidays, Saturdays, and Sundays. Travel time to and from
city facilities for warrant service or magistration shall not be included as time worked.
D. Presiding Judge is a public officer of the City of Denton and shall not have or claim any
right arising from employee status.
SECTION 3. COMPENSATION.
A. City agrees to pay the Presiding Judge for her services rendered pursuant hereto an annual
base salary of $170,000.
B. Base Salary: The City agrees to pay Appointee a salary payable in installments in the same
manner and at the same time that the employees of the City are paid. Any increase in base
salary shall adjust the base salary provided herein to the increased amount without any
further action from either party to amend this Agreement.
C. Appointee shall receive any salary increases that are provided or required by the City's
compensation policies to include all salary increases on the same basis as applied to (a)
other Council appointees, and (b) cost of living adjustments to full-time non -civil service
employees.
D. Consideration shall be given on an annual basis to an increase in compensation.
E. City Council may approve an increase to the base salary on the same basis as applied to (a)
other Council appointees, and (b) cost of living adjustments to full-time non -civil service
employees.
F. The compensation for Appointee includes both financial and non -financial components,
including but not limited to items such as salary, benefit packages, paid time off retirement
contributions, professional development, or other similar types of compensation. City
Council may add or increase other types of compensation in addition to or in lieu of a base
salary increase.
G. All provisions of the City Charter, City Code, and Council -adopted Rules and Regulations
relating to the vacation and sick leave, retirement and pension system contribution,
holidays, and other fringe benefits and working conditions as they now exist or hereafter
may be amended, shall apply to Appointee as they would to full-time non -civil service
employees of the City, which benefits include health insurance, long-term disability
insurance and retirement under the Texas Municipal Retirement System, and other benefits,
as provided to full-time non -civil service employees of the City.
H. No additional compensation will be provided for after-hours warrants or jail magistration,
except as provided for in Section 3.I.
I. Additional Compensation for jail magistration performed on a Saturday or Sunday where
no associate or assistant judges are available to perform such jail magistrate duties shall be
compensated at a rate of three hundred and twenty-five dollars ($325) per morning.
SECTION 4. Health, Disability, and Life Insurance and Other Benefits
See Section 3.
SECTION 5. VACATION, SICK & OTHER LEAVE
A. See Section 3.
B. The Presiding Judge shall receive an additional 20 hours of vacation leave annually on
October lst of each year, including on the Effective Date of this Agreement, in addition to
the vacation leave accrual provided for in Section 3.
SECTION 6. AUTOMOBILE AND CELL PHONE
A. The Appointee is required to be on call for 24-hour service, so therefore, must have access
to a vehicle for City business. City shall grant to the Appointee a car allowance of Seven
Thousand Two Hundred Dollars and Zero Cents ($7,200.00) per year, payable monthly,
for providing such vehicle. The Appointee shall be responsible for the purchase,
maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be
considered for increase during the performance evaluation process. The City also agrees to
reimburse Appointee for mileage outside a 50- mile radius of the City of Denton associated
with City business at the current IRS rate for mileage reimbursement in accordance with
the then current City Travel Reimbursement Policy for City full-time non -civil service
employees with car allowances.
B. The Appointee is required to be on call for 24-hour service, so therefore, must have access
to a cell phone for City business. City shall grant to the Appointee a cell phone allowance
of Seven Hundred and Twenty Dollars and Zero Cents ($720.00) per year, payable
monthly, for providing such cell phone. The Appointee shall be responsible for the
purchase, maintenance, insurance, taxes, etc. for said cell phone. The monthly allowance
will be considered for increase during the performance evaluation process.
SECTION 7. VOLUNTARY SEPARATION PRIOR TO END OF CURRENT TERM.
A. In the event Presiding Judge voluntarily resigns her position with City before expiration of
the aforesaid term of her employment, then Presiding Judge shall give City 30 days' notice
in advance, unless the parties otherwise agree.
B. For the purpose of this Agreement, involuntary termination or involuntary separation
means:
a. The majority of the governing body votes to terminate or dismiss the Appointee at a
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properly posted and duly authorized meeting of the governing body.
b. If the City, citizens or legislature acts to amend any provisions of the Charter
pertaining to the role, powers, duties, authority, responsibilities of the Appointee's
position that substantially changes the form of government or the duties of the
Appointee, the Appointee shall have the right to declare that such amendments
constitute involuntary termination.
c. If the City reduces the base salary, compensation or any other financial benefit of the
Appointee, unless it is applied in no greater percentage than the average reduction of
City employees, such action shall constitute a breach of this Agreement and will be
regarded as a termination.
d. If the Appointee resigns at the request of the City, whether formal or informal, then
the Appointee may declare an involuntary termination as of the date of the request.
C. Appointee agrees no severance, other than amounts due for work performed or travel
reimbursements and accrued vacation leave, is provided for in this Agreement or will be
provided to Appointee for voluntary separation from the City.
SECTION 8. GENERAL BUSINESS EXPENSES; PROFESSIONAL DEVELOPMENT
City hereby agrees to budget for and to pay the full travel, participation, and subsistence expenses
of Appointee for professional and official travel, meetings and occasions adequate to continue the
professional development of Appointee, and to adequately pursue necessary official and other
functions for City in the amounts approved by the Council in the annual budget of the City of
Denton.
DUES, MEMBERSHIPS AND SUBSCRIPTIONS
City agrees to budget and to pay for the professional dues, memberships, and subscriptions of
Appointee necessary for the Appointee's continuation of full participation in national, regional,
state, and local associations and organizations necessary and desirable for the Appointee's
continued professional participation, growth, and advancement as Presiding Judge, and for the
good of the City in amounts that are approved by the Council in the annual budget of the City of
Denton.
SECTION 9. HOURS OF WORK.
A. It is recognized by both City and the Presiding Judge that the duties of the Presiding Judge
require a great deal of time outside of the regular office hours described below. It is also
recognized by the parties that the Presiding Judge is required to devote the amount of time
and energy necessary to carry out those duties with the highest amount of professionalism
possible. That being the case, the parties recognize the Presiding Judge may choose to take
personal time off during business hours when it is appropriate and when her duties allow.
Although this personal time off is not considered vacation, neither is it to be considered as
compensatory time for time spent by the Presiding Judge in carrying out her duties outside
of normal office hours, as the parties agree that the Presiding Judge must devote the amount
of time necessary to fulfill those duties. The Council will consider, in correlation with any
applicable Federal and state law, the Presiding Judge's use of personal time off during the
performance evaluation.
B. The Presiding Judge's regular in -office hours will be Monday through Thursday, 8:00 a.m.
to 5:00 p.m., and Friday, 8:00 a.m. to noon.
C. The Appointee will devote full time and effort to the performance of the Appointee's duties
and shall remain in the exclusive engagement with the City during the term of this
Agreement.
D. Notwithstanding provision B. of this Section 9., Presiding Judge may seek approval for
other work or service from City Council if such work or service will not in any manner
interfere with the performance of, or the Appointee's availability for the performance of,
the Appointee's duties hereunder.
SECTION 10. SEPARATION AND SEVERANCE.
A. City must pay severance as described below to the Appointee when employment is
involuntarily terminated during an appointment term without good cause.
B. Upon Involuntary Separation occurring during any term of the Agreement, Presiding Judge
shall be entitled to those benefits paid to City of Denton full-time non -civil service
employees upon termination pursuant to policy in effect at the time of separation.
C. Upon Involuntary Separation occurring during the Term of the Agreement, the Appointee
shall be entitled to a lump sum severance payment in an amount not to exceed twenty (20)
weeks' base salary. The Appointee shall also be compensated for all accrued vacation leave
and sick leave.
D. In lieu of a lump sum severance payment, at the option of the Appointee, Appointee may
take administrative leave with pay for twenty (20) weeks during which time Appointee will
continue to enjoy City employment benefits in which they are already enrolled but will not
accrue additional vacation or sick leave.
E. Such severance payment shall be the sole remedy of Appointee and acceptance shall
constitute a waiver of existing claims Appointee may have which may arise by virtue of
employment with, service to, or resignation or removal from the City, including, without
limitation, any claims against the City, its officers and employees, agents, affiliates, and
subsidiaries including, but not limited to. breach of contract, tort, First and Fourteenth
Amendment to the U.S. Constitution, 42 U.S.C. Section 1983, and any and all other claims
which might arise under local, state, or federal fair employment practices or employment
benefit laws, workers' compensation law, rights and claims arising under the Age
Discrimination in Employment Act. Texas Payday & Whistleblower Laws, Title VII of the
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Civil Rights Act, the Americans with Disabilities Act, and the Texas Commission on
Human Rights Act."
F. Notwithstanding any other provision of this Agreement, the City shall not be obligated to
pay and the Appointee shall not be entitled to receive any amount as severance payment if
the Appointee's separation from employment is for good cause.
G. For the purpose of this Agreement, involuntary termination or involuntary separation shall
occur when:
a. The majority of the governing body votes to terminate or dismiss the Appointee
at a properly posted and duly authorized meeting of the governing body.
b. If the City, citizens or legislature acts to amend any provisions of state law or the
City's Charter pertaining to the role, powers, duties, authority, responsibilities of
the Appointee's position that substantially changes the form of government or the
duties of the Appointee, the Appointee shall have the right to declare that such
amendments constitute involuntary termination.
c. If the City reduces the base salary, compensation or any other financial benefit of
the Appointee, unless it is applied in no greater percentage than the average
reduction of full-time non -civil service employees, such action shall constitute a
breach of this Agreement and will be regarded as a termination.
d. If the Appointee resigns at the request of the City, whether formal or informal,
then the Appointee may declare an involuntary termination as of the date of the
request.
H. For purposes of this Agreement "good cause" means:
1. Conviction of a class B or above misdemeanor, felony, or a crime of moral
turpitude; or
2. Knowingly falsifying records or documents related to the City's activities or
Appointee's duties under this Agreement; or
3. Loss of license to practice law in the State of Texas, or
4. A public sanction for a violation of the Texas Code of Judicial Conduct.
5. The reasons for removal stated in the Texas Constitution Article V, Section 1-a
(6) and Texas Local Government Code §21.025.
I. For purposes of this section, a crime of moral turpitude means a criminal offense involving
dishonesty or fraud including offenses such as theft; forgery, perjury; and bribery.
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SECTION 11. OUTSIDE ACTIVITIES.
See Section 9.C.
SECTION 12. BONDING.
City shall bear the full cost of any fidelity or other bonds that may be required of the Presiding
Judge under any law or ordinance.
SECTION 13.OTHER TERMS AND CONDITIONS.
The City Council, in consultation with the Presiding Judge, shall fix any such other terms and
conditions as it may determine from time to time, relating to the performance of the Presiding
Judge, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement, the City Charter, Texas State Law, and Chapters 29 and 30 of the
Texas Government Code, or any other law, and are memorialized by a written amendment to this
Agreement.
SECTION 14. GENERAL PROVISIONS.
A. The text herein shall constitute the entire agreement between the parties.
B. If any provision, or any portion, thereof, contained in this Agreement is held
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed several, shall not be affected and shall remain in force and effect.
C. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
D. All matters stated in the Preamble of this Presiding Judge Compensation Agreement are
true and correct and are hereby incorporated into the body of this Contract as though fully
set forth in their entirety.
E. Effective Date.
This Agreement shall take effect on October 1, 2026.
F. Appropriations.
The City has appropriated, set aside and encumbered, and does hereby appropriate, set
aside, and encumber available and unappropriated funds of the City in an amount sufficient
to fund and pay all financial obligations of the City pursuant to this Agreement, including,
but not limited to the severance pay, salary and benefits set forth and described herein.
SECTION 15. PERFORMANCE EVALUATION
A. If applicable, the Council shall review and evaluate the performance of the Presiding Judge
at least once annually during the time set aside each year for the performance review of
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other !Council appointees. Said review and evaluation shall be in accordance with specific
criteria developed jointly by the Presiding Judge and the City. Said criteria may be added
to or deleted from as the Council and Presiding Judge shall agree.
B. If applicable, the Council and the Presiding Judge shall define annually such goals and
performance objectives which they determine necessary for the proper operation of the
City of Denton Municipal Court, and in the attainment of the Council's policy objectives
and shall further establish a relative priority among those various goals and objectives.
C. The Appointee shall participate in an in -person mid -year review with Council including
providing updates on matters discussed or defined in the annual review, including the goals
and performance objectives defined.
IN WITNESS WHEREOF, the Mayor as duly authorized by the City Council and on behalf of the
City of Denton, has signed and executed this Agreement and the Presiding Judge has signed and
executed this Agreement, both in duplicate, the day and year first above written.
PRESIDING JUDGE:
0
CITY OF DENTON:
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CHRI VIVA S, MA OR