2012-026s:\legallour documentslordinances1121ramsay ord.doc
ORDINANCE NO. 2012-026
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING ROBIN A.
R�IMSAY AS PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF
RECORD; ESTABLISHING A TERM OF OFFICE FOR THE PRESIDING MUNICIPAL
JUDGE IN ACCORDANCE WITH APPLICABLE STATE STATUTES; PROVIDING FOR
RENEWAL AND EXTENSION OF TERMS ABSENT SPECIFIC ACTION BY COUNCIL;
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR TERM OF OFFICE;
RATIFYING TERMS OF CONTRACT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Sections 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, Sections 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 Assistant Municipal
Court Judges to preside over the judicial functions of the Municipal Court of Record for the City
of Denton in the absence of the Presiding Judge; and
WHEREAS, Chapter 30 of the Government Code, the Uniform Municipal Courts of
Record Act (specifically Section 30.00006) provides that a governing body shall appoint one or
more Judges to preside over a municipal court of record; and
WHEREAS, Chapter 30 of the Texas Government Code requires that the Council shall
establish two year terms of office; and
WHEREAS, the Texas Constitution and Chapter 29 of the Local Government Code
provide that a municipal court judge who is not reappointed by the 915t day following the
expiration of a term of office shall, absent action by the appointing authority, continue to serve
for another term of office beginning on the date the previous term of office expired; and
WHEREAS, applicable portions of the Denton City Charter and Municipal Code provide
that the Presiding Judge sha11 be appointed in even-numbered years; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Robin A. Ramsay is appointed as the Presiding Judge for the
Municipal Court of Record for the City of Denton, Texas for a two (2) year term of office
beginning on the 4th day of March, 2012, and continuing through the 3rd day of March, 2014, or
as further provided herein. In his capacity as Presiding Judge, he shall have all duties and
powers as provided under Sec. 30.00007 of the Texas Government Code.
SECTION 2. The City of Denton appoints and designates the aforementioned person as
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 two (2) year terms of office. As provided by Article XI
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of the Texas Constitution and Chapter 29 of the Local Government Code, said terms of ofiice
shall be renewed and extended and said Judge shall be reappointed for successive terms of two
(2) years on the 91 St day following the expiration of a term of office, absent specific action by the
Denton City Council to the contrary, and said Judge shall continue to serve for another term of
office beginning on the date the previous term of office expired.
SECTION 3. The Mayor is herein authorized to execute on behalf of the City a Contract
for Services with the Presiding Judge, providing for the terms of employment and compensation
for the municipal court judge.
SECTION 4. Should any portions or provisions of the City Code or City Charter for the
City of Denton conflict with state law, Chapter 30 (The Uniform Municipal Court of Record Act)
shall be controlling authority regarding the terms of appointment, re-appointment, qualifications
or removal of a municipal court judge as appointed herein.
SECTION 5. This Ordinance shall become effective as of the date of appointment above,
and shall not affect the remainder of any terms of office for any of Judge referenced above.
�
PASSED AND APPROVED this the ��`%� day of , 2012.
MA A BU GH , MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY'
�VED A'� TO LEGAL FORM:
A BURGESS, CITY ATTORNEY
BY: �' %
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S:1Legall0ur pocuments\Conhacts112Utamsay Employment Agreement.doc
STATE OF TEXA5
COUNTY OF DENTON
EMPLOYMENT AGREEMENT
� 2012
This Agreement, made and entered into effective the �%— day of � C� ,
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 morale 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
Responsibility of the State Bar and shall comply with all conditions and restrictions as set forth
for municipal judges under a11 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 follows:
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, office 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, 2012 and ending on March 3, 2014. 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, 2012,
and agrees to remain in the employ of Employer until March 3, 2014, 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 suspension 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 $112,082.73, 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 and/or 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
perfortnance review of said Presiding Judge made at the same time as similar
consideration is given other Council appointees.
C. The Presiding Judge, as one of several appointed magistrates for the City of
Denton, may be required to serve as an assigned "Jail Magistrate" to perform
magisterial duties related to persons arrested by, and in the custody of the Denton
Police Department. In addition to the annual base salary referenced herein, the
Presiding Judge shall be paid $165 for each day of service as designated or
assigned "Jail Magistrate" when such services are required on a Saturday, Sunday
or holiday as designated by the City.
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.
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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 ofiice hours. It is also recognized by the
parties that 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 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 consider 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
conriected business outside of normal 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 iirst
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 Conunittee.
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 velucle. The Presiding Judge 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 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 457 plan. All sums contributed to said plans shall be in
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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.
B. 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 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 1 l. 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 fidelity 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 Committee and in consultation with the Presiding Judge, shall fix any
such �ther 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
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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. GENERAL 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. 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.
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
BY.
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
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