17-1659s:\legal\our documents\ordinances\18\ramsay appointment - ordinance.doc
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WHEREAS, Sections 6.03 of the Charter of the City of Denton and Chapter 19 of the
City Code for the City of Denton autharize the City Council to appoint a Presiding Municipal
Judge ta preside over the judicial functions of the Municipal Court of Recard for the City of
Denton; and
WHEREAS, Chapter 30 of the Government Cade, the Uniform Municipal Courts of
Record Act (specifically Section 30.Od006} pravides that a governing body shall appoint one or
mare 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 Cauncil
shall establish twa (2} year Terms of Office, and provides that a Municipal Judge who is nat
appointed by the 91 St day following the expiration of the term of office shall, absent actian by the
appointing authority, continue to serve for another term af office beginning on the date af the
previous term af affice expired; and
WHEREAS, Section 19-36 of the Code af Ordinances far 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:
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5��:;:�' 1 IC�1���2, The City of Denton therefore reappoints 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 twa (2) year Terms of
Office. Said term shall be automatically renewed and extended and ROBIN A. RAMSAY shall
be reappointed for successive two (2} year terms, unless the City or either the ROBIN A.
RAMSAY provides written notice of intent that said appointment and contract shall not be
s:\legal\our documents\ordinances\18�ramsay appointment - ordinance.doc
renewed at least thirty (30) days prior to the expiration of the term of appointment. As provided
in Section 29.005 of the Texas Government Code, the Presiding Municipal Judge shall be
reappointed by the 91 St day following the expiration of the term of office shall, absent action by
the City Council for the City of Denton, Texas, and shall continue to serve for another term of
office beginning on the date of 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 Municipal Judge and Magistrate for, providing for the terms of
employment and compensation for the Presiding Municipal Judge and Magistrate for 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.
ECTION 5. The Ordinance shall become effective as February 27, 2018, without lapse
or interr........._WWW
uption 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.
�. i"� -�- Y � �. � �";�w��",,.��;.��..,.m��� .......................� 2018.
PASSED AND APPROVED this the �� da of ��� ���
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
��'�'�����r'��T� AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
���
BY: �� w.�^ �� � � �,��� �.
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�W,�,�" � . y� ��a���
Page 2
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___ � °�______..........__ .............................�,,,,�............�.�.�.�.�........
CHRIS WATTS, MAYOR
1' . ,
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This Employment Agreement ("Agreement"), is made and entered into effective the 4th
day of March, 201$ by and between the City of Denton, Texas, a Texas municipal corporation,
hereinafter called 66Employer," and Robin A. Ramsay, hereinafter called "Presiding Judge," both
of wham agree as fallows:
WHEREAS, Employer desires to re-appaint and continue the employment of the services
of said Robin A. Ramsay as Presiding Judge af the City of Dentan Municipal Court; and
WHE AS, it is the desire af 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 wark productivity by assuring Presiding Judge's marale and peace of mind with respect ta
future security, and (3) to act as a deterrent against malfeasance or dishonesty for personal gain
on the part af the Presiding Judge; and
. , . . . � .•- .- - � . -. � -• - • � . , � - , ; ,.-
• . • � �,- �, r, � . �
VVHEREAS, the parties acknowledge that Presiding Judge is a member af the State Bar
of Texas ("State Bar") and that Presiding Judge is subject to the Code of Professional
Respansibility af the State Bar and shall camply with all conditions and restrictions as set forth
for municipal judges under all applicable state statutes and as required under the Texas Cade of
Judicial Conduct;
NOW, THEREFORE, in consideratian of the mutual covenants herein contained, the
parties agree as follows:
• � �' _
Employer hereby engages the emplayment services of Robin A. Ramsay as Presiding
Judge of said Employer ta perfarm 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 ather applicable laws, and to
perform other legally permissible and proper duties and functions as Employer shall from
time to time assign. Such duties include caurt sessions, workday arraignments, in-house
training, affice haurs, and ather services af the Municipal Caurt Judge (or Statutory
Magistrate) for the City af Dentan.
SECTION 2. TERM.
A. Presiding Judge shall be re-appointed for a term af two years cammencing on
March 4, 2018 and ending on March 3, 2020. Nothing in this Agreement shall
prevent, limit ar otherwise interfere with the right of Employer ta terminate the
services of Presiding Judge at any time, subject anly ta 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 pasitian with the Employer,
subject anly to the provision set forth in Section 4, paragraph C, of this
Agreement.
C. Presiding Judge shall continue in the duties af Presiding Judge on March 4, 2018
and agrees to remain in the employ af Employer until March 3, 2020, and except
as provided herein, neither to accept other employment nor to become employed
by any other emplayer until this Agreement is terminated by either party as
provided herein. The term "employed" or "accept ather employment" shall not be
construed to include those outside activities appraved in accordance with Sectian
8 hereof.
• ' � ' � ,
Subject to the provisians of Section 4 belaw, Emplayer may suspend or remove the
Presiding Judge with ar 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 suspensian or removal shall become effective, the City
Council shall by a majority vate af its members adapt a preliminary resolution
stating the reasans for his remaval. The reasans for removal shall be in
accardance with Section 30.000085 of the Texas Government Code, as amended
(the `6Reasons for Remova199). 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 af such request. The
hearing may be held in executive session, at the optian of the Council, unless
Presiding Judge requests the hearing be held in open session in accardance 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 ane be requested, and after full consideration, the
Council by majority vote may adapt a final resolution of removal ar suspension.
� � . � .' '.' . �
A. Upon Involuntary Separation accurring during any term of the Agre;einent,
Presiding Judge shall be entitled to six (6) month's base salary and only those
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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.
. 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 pravisions of applicable law.
SECTIONmmm7• HOURS OF WORK.
It is recagnized by both Emplayer and Presiding Judge that the duties of Presiding Judge
require a great deal of time autside of normal affice hours. It is also recognized by the
parties that Presiding Judge is required to devote the amount of time and energy
necessary ta 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 apprapriate and when his duties allow.
Althaugh 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 autside
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 cansider, in carrelatian
with any applicable Federal and state law, 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 ta the pursuit of teaching, counseling, consulting, writing,
private practice of law, judging for ather municipal courts, or other non-emplayer
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 Perfarmance Review Committee that he intends to engage
in such activity, including the amount of time he intends to devote ta this activity and his
engagement in the activity is approved by the Chair af the Cammittee.
G;
�' � • • • • i
The Presiding Judge is required to be an call for 24 hour service, so therefore, must have
access ta a vehicle for City business. Employer shall grant to the Presiding Judge a car
allawance af $338 per month for praviding such vehicle. The Presiding Judge shall be
responsible far the purchase, maintenance, insurance, taxes, etc. far said vehicle. The
manthly allowance will be considered far increase during the perfarmance evaluation
process. The Employer also agrees ta reimburse Presiding Judge for mileage for out-af-
county travel associated with City business at the current IRS rate for mileage
reimbursement in accordance with the then current City Travel Reimbursement Palicy for
City employees with car allowances.
!, 1 • '
A. Emplayer agrees ta execute all necessary agreements provided by the
International City/Caunty Management Assaciation — Retirement Carparation
(ICMA-RC) for Presiding Judge's participation in said ICMA-RC retirement
plans. Employer further agrees ta cantribute 6% of Presiding Judge's annual base
salary to ICMA-RC's 457 plan. All sums contributed to said plans shall be in
addition to Presiding Judge's base salary. Emplayer also agrees to allow
Presiding 3udge to contribute whatever portion of his base salary he may deem
appropriate to said plan, including "catch-up" pravisions.
B. Employer agrees ta pay the percentage of the cost af Presiding Judge's
participatian in the TMRS retirement pragram, in accordance with Employer's
current policy for other executive-level employees.
C. If the Presiding Judge retires pursuant ta a qualified retirement plan, or is
permanently disabled during the term of this Agreement, the Presiding Judge shall
be campensated for sick leave, vacation leave, holidays, and ather benefits then
accrued ar credited to the Presiding Judge in accordance with Employer's current
policies for campensation for these benefits, and, at the Presiding Judge's aption,
shall be permitted ta continue ta participate in the City's health insurance plan an
the same basis as other retirees from the City are permitted ta do so, or, if such
other retirees are nat permitted to do sa, at the cast of the Presiding Judge.
� � � . . , � � .. •
Emplayer agrees to budget and ta pay far the prafessianal dues, memberships, and
subscriptians of Presiding Judge necessaxy far his continuation of full participation in
natianal, regional, state and local associations and arganizations necessary and desirable
for his continued professianal 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
annuai budget for the City's Municipal Caurt Judge — Administration.
• ► ": # # ► : i �f/�Ir�)�wf�l�►�M
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Employer hereby agrees to budget for and to pay the full travel9 �%�1LIC1pUL1�119 and
subsistence expenses of Presiding Judge for professional and official travel, meetings and
accasians adequate to cantinue the professional development of Presiding Judge, and to
adequately pursue necessary official and other functions for Employer, including such
national, regianal, state and lacal groups and committees thereof which Presiding Judge
serves as a member in the amounts approved by the City Cauncil in the annual budget for
the City's Municipal Court Judge - Administration.
• C• !
Employer shall bear the full cast of any fidelity or ather bonds that may be required of
the Presiding Judge under any law or ardinance.
� , � ' ' . � # � ' • • ' •'� �'
A. The City Council, upan recammendation of the Council Appaintee Performance
Review Committee and in cansultation with the Presiding Judge, shall fix any
such other terms and conditions of employment as it may determine from time ta
time, relating to the perfarmance of Presiding Judge, provided such terms and
conditions are nat inconsistent with or in canflict with the provisions of this
Agreement, the City Charter, Chapter 30 of the Texas Government Code, or any
ather law, and are memorialized by a written amendment to this Agreement.
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A. The text herein shall constitute the entire agreement between the parties.
: � . -- - . �- . � • �• . . - � - �- . , . . , ,
. - � , � - � • .•-
C. If any provision, or any portion, thereaf, contained in this Agreement is held
unconstitutianal, invalid, or unenforceable, the remainder of this Agreement, or
portion thereof, shall be deemed several, shall not be affected and shall remain in
farce and effect.
D. The venue of any litigation involving this Agreement shall be in a court af
campetent jurisdiction sitting in Denton County, Texas.
� , , � . . �; . . , #
C�
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
suffcient 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:
,�����l�Il�`f�,l� WALTERS, �"I'l�""� SECRETARY
.� �
BY. � � . �'�:� �. : �:���..�.... .. . � .. � ��� :,:�"� .��a��..�.
� ,�
� 1�'1'�i� �� �VED ,� " �TO LEGAL FORM: ���° ,�
��:�������N��,� �"C"I',� ATTORNEY '�. ..�''
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7
CITY OF D�:1�"��C'd�:���
WA"l,"�"`�, MAYOR
���� � 11�` �. i� �.�'0 a �'i'�
PRESIDING JUDGI_�:� .