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Home My WebLink About2000-096F \shared\dept\LOL\Our Documents\0rdmances\00\McCary Municipal Judge doc ORDINANCE NOJM-ft AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING KIMBERLY CAWLEY-MCCARY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE, ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES, AND DECLARING AN EFFECTIVE DATE WHEREAS, Section 6 03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant Municipal Judges to handle the Judicial functions of the Municipal Court of Record in the absence of the Chief Judge, and WHEREAS, Section 30 00006 of the Texas Government Code (Vernon Supp 2000) provides that a governing body shall appoint one or more Judges to preside over a municipal court of record, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I, That Kimberly Cawley-McCary is hereby appointed as an Assistant Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a period beginning on the let day of October, 1999 and continuing through midnight, September 30th, 2001 SECTION II That the Mayor is authorized to execute a contract, a copy of which is attached hereto and incorporated by reference herein, providing for the terms of her employment SECTION III, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Tic JA(VILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY B AP OVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this ' t" day of A2000, by and between the City of Denton, Texas, a Municipal Cor- pora on of the State of Texas, hereinafter referred to as "City", and KIMBERLY CAWLEY- McCARY, hereinafter referred to as "Assistant Judge" WITNESSETH. 1 The City of Denton ("City") does hereby contract for the services of KIMBERLY CAWLEY-McCARY ("Assistant Judge") for a period of two (2) years, beginning on the 1st day of October, 1999, and continuing through midnight, September 30th, 2001 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 Assistant judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms Conditions and restrictions as set forth for a municipal judge 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) COURT SESSIONS AND WORKDAY 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 Judge or scheduled through the municipal court co-ordinator, Assistant Judge shall be entitled to compensation at a rate of $30 00 per hour, with all portions of time over thirty (30) minutes billed as one full (1) hour Travel time to and from the Court shall not be included as billable time (b) OFFICE HOURS/PRE AND POST COURT SESSION PREPARATION - In addition to the performance of any duties acting as a municipal judge or magistrate during any time as assigned by the presiding judge or scheduled through the municipal court co-ordinator, any office hours as required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30 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 Assistant Judge's Contract Page 1 of 3 (c) WEEKEND AND HOLIDAY JAIL ARRAIGNMENTS - When specifically assigned by the Presiding Judge to perform magisterial duties in the City of Denton Municipal Jail 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 rate equal to Five and one-half hours (5 5 hours) of compensated time for a total Per Diem rate of $165 00 per day, regardless of the actual time expended in the performance of those duties (d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS — 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 meetings as called by the presiding Judge and such time shall be billed at $30 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) MANDATORY JUDICIAL EDUCATION TRAINING - The city shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory Judicial training as required by state law and such time shall be billed at $30 00 per hour with time over thirty (30) minutes billed as one (1) hour City shall reimburse or pre -pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour Judicial education course established by the Texas Municipal Courts Education Center 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 tune incurred in rendering such services, and the amount billed to City Such time records shall be submitted to the Municipal Judge or the Judicial Coordinator for review on a bi-weekly basis, and on the same date as required for City personnel payroll Payment will be processed and paid in accordance with the City's payroll schedule City will allow the Assistant Judge to direct payment to the financial institution of his own choosing 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 or his designee The Assistant Judge shall have no set work hours, assigned dockets or duties other than as directed by the Presiding Municipal Judge The Assistant Judge is given no assurances as to mimmum hours, work assignments or specific dockets and understands that all such work assignments are subject to change to accommodate the needs of the Court The Assistant Judge shall be available to perform and shall perform if directed, the duties of the positron, subject only to reasonable notice The Assistant Judge must attend and complete any annual mandatory judicial education or other mimmum judicial training as required by the State of Texas within the time periods as established by law 4 The Assistant Judge shall not take on representation of a client adverse to the City of Denton The Assistant Judge shall not represent a client in a case where an employee of the City of Denton, in his/her capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness 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 Y, 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, Statutes and laws shall govern 6 The City may remove the Assistant Judge from office during his term pursuant to and in accordance with the requirements 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 providing 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 he has carefully read the foregoing Contract, and knows the contents thereof, and signs the same as their own free act IN WITNESS WHEREOF, City has caused this Contract to be signed in its name by Jack Miller, Mayor, and its corporate seal to be hereunto affixed and attested by its City Secretary, and the Assistant Judge has hereunto set his hand and seal the day and year first above written ASSISTANT JUDGE HIMBERLY LEY-McCARY ATTEST JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS t Li APPROVED AS TO LEGAL FORM' r BY BY• S \Our ocuinents\Contraets\00\Cawley Asst Municipal Judge doe Assistant Judge's Contract Page 3 of 3