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.�.., „
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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.
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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.
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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
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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
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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.
�..
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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