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2012-011s:\legal\our documents\ordinances1121ratnsay salary approval.doc ORDINANCE NO. 2� 12-� 11 AN ORDINANCE APPROVING A SALARY INCREASE FOR ROB1N A. RAMSAY UNDER THE PERFORMANCE REVIEW PROVISION OF HIS EMPLOYMENT AGREEMENT WITH THE CITY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 16, 2010, the City Council approved an employment agreement with Robin A. Ramsay as the Presiding Judge of the City of Denton Municipal Court by Ordinance No. 2010-050; and WHEREAS, the City Council Appointee Performance Review Committee and City Council have completed the City Municipal Court Presiding Judge's annual review and the Committee has recommended that the City Council approve a salary increase; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby approves a salary increase in the amount of 2% of the current base salary under Section 5 of the Agreement, or the average increase given all City employees in the event the City Council implements a budgetary decrease of employee salaries, to be effective as of October 1, 2011. SECTION 3. The City expenditures provided for in the Agreement are hereby authorized. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: �� o-, JENNIFER WALTERS, CITY SECRETARY B AP VED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ' 1� � r.�.., „ C:�Dacumenlc and SelungslCCkiCSPE�U.ocal Settlngs\Tempa�an• Imemcl FIeslConlcnt.0ut1oak1ED226B92Uiams�y Employmenl Agrtemem.da STATE OF TEXAS COUNTY OF DENTON Empioyment A�reement This Agreement, made and entered into effective the ��1�� da of , 2010 Y by and between the City of Denton, Texas, a Texas municipal corporation, her �' after called "Employer," and Robin A. Ramsay, hereinafter called "Presiding Judge," both of whom agree as follows: � Witnesseth: WHEREAS, Employer desires to re-appoint and continue the employment of the services of said Robin A. Ramsay as Presiding Judge of the City of Denton Municipal Court; and WHEREAS, it is the desire of Employer to (1) secure and retain the services of Presiding Judge and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Presiding Judge's moraIe and peace of mind with respect to future security, and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Presiding Judge; and WHEREAS, Presiding Judge desires to accept continued employment as Presiding Judge of said City of Denton, Texas Municipal Court; and WHEREAS, the parties acknowledge that Presiding Judge is a member of the State Bar of Texas ("State Bar") and that Presiding Judge is subject to the Code of Professional Responsibiliiy of the State Bar and shall comply with all conditions and restrictions as set forth for municipal judges under all applicable state statutes and as required under the Texas Code of Judicial Conduct; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as foilows: SECTION 1. DUTIES. Employer hereby engages the employment services of Robin A. Ramsay as Presiding Judge of said Employer to perform the functions and duties specified by the Code of Judicial Conduct, the Denton City Charter, the City Code, Chapter 30 of the Texas Government Code, the laws of the State of Texas, and all other applicable laws, and to perform other legally permissible and proper duties and functions as Employer shall from time to time assign. Such duties include court sessions, workday arraignments, in-house training, affice hours, and other services of the Municipal Court Judge (or Statutory Magistrate) for the City of Denton. c:ldocumenu and settingslccmcspedllocal settin�s\temporary internet files\content.outlook�2d2266921ramsay employment a�reemeni.doc SECTION 2. TERM. A. Presiding Judge shall be re-appointed for a term of two years commencing on March 4, 2010 and ending on March 3, 2012. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Presiding Judge at any time, subject only to the provisions set forth in Section 4, paragraphs A and B of this Agreement. . B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the ' Presiding Judge to resign at any time from his position with the Employer, subject only to � the provision set forth in Section 4, paragraph C, of this Agreement. � C. Presiding Judge shall continue in the duties of Presiding Judge on March 4, 2010, and agrees to remain in the employ of EmpIoyer until March 3, 2012; and except as provided herein, neither to accept other employment nor to become employed by any other employer until this Agreement is terminated by either party as provided herein. The term "employed" shall not be construed to include those outside activities approved in accordance with Section 8 hereof. SECTION 3. SUSPENSION/REMOVAL. Subject to the provisions of Section 4 below, Employer may suspend or remove the Presiding Judge with or without full pay and benefits at any time during the term of this Agreement, but only if: A. Employer and Presiding Judge agree; or B. At least 30 days before the suspens2on or removal shall become effective, the City Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. The reasons for removal shall be in accordance with Section 30.000085 of the Texas Government Code, as amended (the "Reasons for Removal"). Presiding Judge may reply in writing and may require a hearing at a public meeting of the Council, which shall be held not earlier than 20 days nor later than 30 days after the filing of such request. The hearing may be held in executive session, at the option of the Council, unless Presiding Judge requests the hearing be held in open session in accordance with Tex. Gov't Code §551.074. Pending such hearing, the Council may suspend Presiding Judge from duty, but may not suspend or reduce his salary. After such hearing or public hearing, if one be requested, and after full consideration, the Council by majority vote may adopt a final resolution of removal or suspension. SECTION 4. SEPARATION AND SEVERANCE PAY. A. In the event of his separation as Presiding Judge under Subsection 3.A, he shall be entitled to receive a lump sum payment equal to six months aggregated salary. Severance pay is not due for removal under Subsection 3.B. 2 c:ldocuments and settings\ccmcspedllocal settin�s\temporary in[emet fileslcontent.outlook12d226b921ramsay employment agreement.doc B. In the event Presiding Judge voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Presiding Judge shall give Employer 30 days notice in advance, unless the parties otherwise agree. SECTION 5. SALARY. A. Employer agrees to pay Presiding Judge for his services rendered pursuant hereto an annual base salary of $109,855.03, payable in installments at the same time as other employees of the Employer are paid, All provisions of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to 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 Presiding Judge as they would to other employees of the City, which benefits include health insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the City. B. In addition, Employer agrees to increase said base salary andlor other benefits of Presiding Judge in such amounts and to such extent as the Council may determine within the approved budget that it is desirable to do so on the basis of an annual performance review of said Presiding Judge made at the same time as similar consideration is given other Council appointees. C. In addition, to the annuaI base salary the Presiding Judge shall also be paid $165 per day for the performance of magisterial duties for the City of Denton Municipal Jail or other designated detention or holding facility for city prisoners, on both (i) officially designated City of Denton Holidays, and (ii) on Saturdays and Sundays. SECTION 6. PERFORMANCE EVALUATION. A. 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 other Council appointees. Said review and evaluation shall be in accordance with specific criteria developed jointly by Presiding Judge and Employer. Said criteria may be added to or deleted from as the Council and Presiding Judge shall agree. B. Annually, the Council and Presiding Judge shall define 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. In effecting the provision of this Section, the Council and the Presiding Judge mutually agree to abide by the provisions of applicable law. SECTION 7. HOURS OF WORK. It is recognized by both Employer and Presiding Judge that the duties of Presiding Judge require a great deal of time outside of normal office hours. It is also recognized by the parties that Presiding Judge is required to devote the amount 3 c:ldocuments and settingslccmcspedllocal settingsltemporary internet files\content.outlook12d226b92�ramsay employment a�reement.doc of time and energy necessary to carry out those duties with the highest amount of professionalism possible. That being the case, the parties recognize that Presiding Judge may choose to take personal time off during business hours when it is appropriate and when his duties allow. Although this personal time off is not considered vacation, neither is it to be considered as compensatory time for time spent by Presiding Judge in carrying out his 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 cpnsider the Presiding Judge's use of personal time off during the performance evaluation. SECTION 8. OUTSIDE ACTIVITIES. Presiding Judge is entitled to devote whatever amount of time he feels is appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing, private practice of law; judging for other municipal courts, or other non-employer connected business outside of normai business hours of the Employer, provided that this does not conflict or interfere with his duties of the office of Presiding Judge as required by Chapter 30 of the Texas Government Code, and provided that Presiding Judge first notifies the Council Appointee Performance Review Committee that he intends to engage in such activity, including the amount of time he intends to devote to this activity and his engagement in the activity is approved by the Chair of the Committee. SECTION 9. AUTOMOBILE. The Presiding Judge is required to be on call for 24 hour service, so therefore, must have access to a vehicle for City business. Employer shall grant to the Presiding Judge a car allowance of $338 per month for providing such vehicle. The Presiding Judge shall� be responsible for the purchase, maintenance, insurance, ta:ces, etc. for said vehicle. The monthly allowance will be considered for increase during the performance evaluation process. The Employer also agrees to reimburse Presiding Judge for mileage for out=of county travel associated with City business at the current IRS rate for mileage reimbursement in �accordance with the then current City Travel Reimbursement Policy for City employees with car allowances. SECTION 10. RETIREMENT. A. Employer agrees to execute all necessary agreements provided by the International City/County Management Association — Retirement Corporation (ICMA-RC) for Presiding Judge's participation in said ICMA-RC retirement plans. Employer further agrees to contribute 6% of Presiding Judge's annual base salary to ICMA-RC's 45.7 plan. All sums contributed to said plans shall be in addition to Presiding Judge's base salary. Employer also agrees to allow Presiding Judge to contribute whatever portion of his base salary he may deem appropriate to said plan, including "catch-up" provisions. Bo Employer agrees to pay the percentage of the cost of Presiding Judge's participation in the TMRS retirement program, in accordance with Employer's current policy for other executive-level employees. C. If the Presiding Judge retires pursuant to a qualified retirement plan, or is permanently disabled during the term of this Agreement, the Presiding Judge shall be compensated for sick leave, vacation leave, holidays, and other benefits then accrued or credited to the Presiding Judge in accordance with Employer's current policies for compensation for � c:ldocuments and settin�s\ccmcsped\local settin�s\temporary internet fileslcontent.outlook12d226b92Uamsay employment asreement.doc these benefits, and, at the Presiding Judge's option, shall be permitted to continue to participate in the City's health insurance plan on the same basis as other retirees from the City are permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the Presiding Judge. SECTION 11. DUES, MEMBERSHIPS AND SUBSCRIPTIONS. Employer agrees to budget and to pay for the professional dues, memberships, and subscriptions of Presiding Judge necessary for his continuation of full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement as Presiding Judge, and for the good of the Employer in amounts that are approved by the City Council in the annual budget for the City's Municipal Court Judge — Administration. SECTION 12. PROFESSIONAL DEVELOPMENT. Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence expenses of Presiding Judge for professional and official travel, meetings and occasions adequate to continue the professional development of Presiding Judge, and to adequately pursue necessary official and other functions for Employer, including such national, regional, state and local groups and committees thereof which Presiding Judge serves as a member in the amounts approved by the City Council in the annual budget for the City's Municipal Court Judge - Administration. SECTION 13. BONDING. Employer shall bear the full cost of any f delity or other bonds that may be required of the Presiding Judge under any law or ordinance. SECTION 14. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. A. The City Council, upon recommendation of the Council Appointee Performance Review . Comtnittee and in consultation with the Presiding Judge, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Presiding Judge, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, Chapter 30 of the Texas Government Code, or any other law, and are memorialized by a written amendment to this Agreement. B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holiday, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Presiding Judge as they would to other employees of the Employer in addition to said benefits enumerated specifically for the benefit of Presiding Judge. SECTION 15. GENER.AL PROVISIONS. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Presiding Judge. �.. . c:ldocaments and settin�s\ccmcspedllocal settingsltemporary intemet files\content.outlook�2d2266921ramsay employment aereement.doc C. If any provision, or any portion, thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, thereof, shall be deemed several, shall no effect. the remainder of this Agreement, or portion be affected and shall remain in force and D. The venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 16. APPROPRIATIONS. The Employer 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. 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. ATTEST: � JENNIFER WALTERS, CITY SECRETARY B AP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � BY: � C :�OB�I R.AM�AY RESIDING JUDGE