2014-038
%(+$Ɏ1$%$1$-"$Ɏ%.1,Ɏ
2014-038
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
%(+$Ș2șɎ#§º«Ɏ(´¯º¯§²¹Ɏ
Salary Increase per Section 5 of Contract Ordinance 2014-045 02/18/14
Salary Increase per Section 5 of Contract Ordinance 2017-345 11/07/17 TJ
ORDINANCE NO, 2014 -038
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN A. RAMSAY
AS PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
ESTABLISHING A TERM OF OFFICE FOR THE PRESIDING JUDGE BEGINNING ON
THE 4" DAY OF MARCH 2014, AND EXTENDING THROUGH MARCH 3, 2016;
PROVIDING FOR REAPPOINTMENT AND TERM OF OFFICE IN ACCORDANCE WITH
THE TEXAS CONSTITUTION AND APPLICABLE STATE STATUTES; AUTHORIZING
THE MAYOR TO EXECUTE A CONTRACT FOR TERM OF OFFICE; AND 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, 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 30.0007 of the Government Code requires that, if there is more than
one municipal judge in the municipality, the governing body of the municipality shall appoint
one of the judges as the presiding judge; and
WHEREAS, Chapters 29 and 30 of the Texas Government Code requires that the Council
shall establish two year Terms of Office; and that a Municipal Judge who is not appointed by the
91s' 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, Section 19 -36 of the Code of ordinances for the City of Denton provides
that the Presiding Judge shall be appointed in even - numbered years and the Assistant Municipal
Court Judges shall be appointed in odd - numbered years; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES;
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, 2014, and continuing through March 3, 2016, or as further
provided herein.
SECTION 2. The City of Denton therefore appoints and designates ROBIN A.
RAMSAY, 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 two (2) year Terms of
Office. Said Term of Office shall be automatically renewed and extended and ROBIN A.
RAMSAY shall be reappointed for successive terms of two (2) years, unless either the City or
s: \legal \our documents \ordinances \14\2014 ordinance appointing presiding judge. doc
the Judge provides written notice of intent that said appointment and contract shall not be
renewed at least thirty (30) days prior to the expiration of any such term of appointment. As
provided by Section 29.005 of the Texas Government Code, the Presiding Municipal Court
Judge shall be reappointed by the 91St day following the expiration of a term of office shall,
absent action by the City Counsel for the City of Denton, Texas, and 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 each municipal court judge at a later time within said term as the Council deems appropriate.
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. The Ordinance shall become effective as March 4, 2104, without lapse or
interruption of office as provided by law; all judicial acts, orders and decrees issued in his
capacity a Presiding Judge since the date of the expiration of any prior terms are herein ratified,
and shall not affect the remainder of any terms of office for the Presiding Judge as referenced
above.
PASSED AND APPROVED this the day of 2014.
MA K B1w1RRJUGHS, ........... .. �.........
MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:_
"QED A5/1`0 f1 LEGAL FORM:
BURGESS, CITY ATTORNEY
BY:
Page 2
S:\Lega[\Our Documents \Contracts \14\Ramsay Employment Agreement,doc
STATE OF TEXAS
COUNTY OF DENTON
EMPLOYMENT AGREEMENT
This Agreement, made and entered into effective the 4`t' day of March, 2014 by and between the
City of Denton, Texas, a Texas municipal corporation, hereinafter 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 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 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.
Olegahour documenulcontractsklAramsay employment agreement.doc
SECTION 2, TERM.
A. Presiding Judge shall be re- appointed for a term of two years commencing on
March 4, 2014 and ending on March 3, 2016. 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, 2014,
and agrees to remain in the employ of Employer until March 3, 2016, 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 SEVER.ANCE 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.
sNegallour documentskontractslMamsay employment auccment.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 $1. 14,324.39, 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
performance 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.
sMegalbur documentskonttactAlAramsay emplo%lnent agreement.doc
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 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- emplover
connected 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 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. Emplovcr 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, 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
sNe0knur documentskontrectsNI Aramsay employment agreement,doc
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 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 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 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
rUegallour documentkontracts \ lAramsay employment agreement doe
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.
TY OF D
MARK A. BURk01uJ -f HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: w
6
s:UegaMur documents%contracukl4amsay employment W"ment.doc
APPROVED AS TO LEGAL FORM:
ANITA BURGESS; CITY ATTORNEY
BY: _.........
I OMN AA MS-AY
PRESIDING JUDGE