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19-183FILE REFERENCE FORM 19-183 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) First Amendment to Em Second Amendment to Em Date Initials t - Ordinance 19-572 1 03/19/19 t-Ordinance 19-1109 1 05/21/19 WHEREAS, the prior Presiding Municipal Judge retired, and the City Council desires to appoint a new Presiding Municipal Judge, HOLLY FOX, to preside over the judicial functions of the Municipal Court of Record for the City of Denton; and Chapter WHEREAS, Sections 6.03 of the Charter of the City of Denton and 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, .+ 1 of !Code,! MunicipalCourts 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 Chapter 1 111 of ! -rnment Code requires that, if there 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 (2) year Terms of Office, and provides that a Municipal Judge who is not appointed by the 9 1 " day following the expiration of the term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date of the previous term of office expired; NOW, THEREFORE, SECTION 1. That HOLLY FOX is appointed as the Presiding Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Terms of Office beginning on the I Ph day of February, 2019, and continuing through 1 oth day of February, 2021, or as further provided SECTION 2. The City of Denton therefore appoints and designates HOLLY FOX 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 shall be automatically renewed and extended and HOLLY FOX shall be reappointed for successive two (2) year terms, unless the City or either the HOLLY FOX provides written notice of intent at least thirty (30) days prior to the expiration of the term of appointment that said appointment and the employment agreement shall not be renewed. As provided in Section 29.005 of the Texas Government Code, the Presiding Municipal Judge shall be reappointed by the 9 1 " 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 an Employment Agreement, with the Presiding Municipal Judge, providing for the terms of employment and compensation for the Presiding Municipal Judge 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. SECTIONm 5. This Ordinance shall become effective immediately upon its passage and approval. .. The motion to ,ippt ove this Ordinance was made by �" � � � and seconded by � �". . ]. kris Ordinance passed,' .(I approved by the following vote � ..r ,_...., �......1 Aye Nay Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs District 2: Don Duff, District 3: V John Ryan, District 4:f"y Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this they° Abstain Absent 2019„ day of.....'':°'f . �m p-1 S WATTS, MAYOR Page 2 ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY m------------------- APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY a I�. r� Page 3 4 Tills Employment Agiveiiietit ("Agreement"), is made and entered into effective the 6-th day of,4`/gy,,, 2019 by an(I betwoeii, flw City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer," and Holly Fox, hereinafter called "Presiding Judge," both of who agree as follows: WHEREAS, Employer desires to appoint Holly Fox 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 her 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 futun; security, and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the I art of the Presiding Judge; and WHEREAS, Holly Fox desires to accept 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: Base,SalaiN means the monetary amount stated in Section 6.A. of this Agreement that the Employee is entitled to as an annual base salary — or, if no longer current, then the monetary amount that the Presiding Judge is currently entitled to as an annual base salary as approved by the Council — and does not include the value of any other benefit of employment or other ?rnount. hivolutitarY S anaioii means the Employee's: (1) removal by the Council under Section 4 1f this Agreement; or (2) the Presiding Judge's resignation upon the Council's reduction or threatened reduction in the Presiding Judge'sother financialbenefits percentage than, a coincidingacross-the-board `fi 1employees. ► «appointment1 « 1 , « .. ► fiJudge Removal . 1 from her fI1 as the Presiding Judge. Employer h. •, engages employmentservices of HollyFox as Presiding said Employer to perform the functions and duties specified by the Code of Judicial Conduct, the Denton City C1•" Chapter 30 of the Texas Government Code, the laws 1 f 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 workday i 1 of CourtMunicipal g` (or StatutoryMagistrate) for the City of ` 1 A Presiding Judge., be appointed 1 of two years commencingon February Presiding11, 2019 and ending on February 10, 2021. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of 1subjectonly to the provisions forthi / of this B. f « shallprevent,or otherwise interferethe right of the Presiding Judge to resign . position f 1subject only to the provision set forth in Section 5, paragraph B, of this Agreement. C. Presiding Jud. appointment as Presiding Judge on February and agrees to remain in the employ of Employer until February 10, 2021, f except as provided herein, neither to accept other employment nor to become employed by any other employerAgreement is terminatedby party as provided herein. The term "employed" or "accept other employment" shall not be construed to include those,1 activities approved in accordanceSection • hereof. JudgeThe Employer may suspend the Presiding Judge prior to any removal of the Presiding but osuspend or reduce Presiding Jufg` Ii to effecting the hearing and removal provisions of this Section. At least 30 calendar days before the suspension or removal shall become effective, the City Council shall, by a majority vote of its members, adopt a preliminary resolutionreasons 1 . removal. The rea1ns for removal shallbe 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 meetingof 1; be held not earlier than 20 days nor. after the filing of .a may be held in executivesession, at the option of Tex. Gov't Code §551.074. Pending such hearing, the Council may suspend Presiding Judge Council, unless Presiding Judge requests the hearing be held in open session in accordance with from duty, but may not suspend or reduce her salary. After such hearing or public hearing, if on(. - be requested, and after full consideration, the Council by majority vote may adopt a final resolution of removal or suspension. 11 go 1 [010. W 0 101 Lyfel R 111111 A. Upon Involuntary Separation occurring during any term of the Agreement, Presiding Judge shall be entitled to those benefits paid other City of Denton non -civil service employees upon termination pursuant to policy in effect at the time of separation. B. In the event Presiding Judge voluntarily resigns her position with Employer before expiration of the aforesaid term of her employment, then Presiding Judge shall give Employer 30 days' notice in advance, unless the parties otherwise agree. A. Employer agrees to pay Presiding Judge for her services rendered pursuant hereto an annual base salary of $130,000 and as set year to year by the City Council in future years, 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, and retirement under the Texas Municipal Retirement System. Presiding Judge shall accrue vacation and sick leave on the same basis as all other employees of the City except that Presiding Judge will start employment with ten days (80 hours) of banked vacation 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. 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. 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 K criteria developeddi X,g' and Employer.may added to or deleted from as the Council and Presiding PresidingB. Annually, the Council and + performance Municipalobjectives which they determine necessary for the proper operation of the City of Denton Court, and in the • of objectivesI d furthershall establish a relative priority among those various goalsand 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. thoseIt 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 duties. highestamount of professionalism p♦ # . being the case, the parties Judgerecognize that Presiding Judge may choose to take personal time off during business hours when it is appropriate and when her duties allow. Although this personal time off is not considered vacation., neither is it to be considered as comi%ensatoijp time for time sjent bg Presidin%,LU��4,e in carrying out her duties outside of normal office hours, as the parties agree that the Presiding must devote amountof necessary # fulfill those duties. The Council will personal time off during the performance evaluation. consider, in correlation with any applicable Federal and state law, the Presiding Judge's use of Presiding Judge is entitled to devote whatever amount of time she 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 normal business hours of the Employer, provided that this does not conflict or interfere with her duties of the office of Presiding Judge as required by Chapter 30 of the Texas Government Code, the City's Ethic's Ordinance, and provided that Presiding Judge first notifies the Council Appointee Performance Review Committee that she intends to engage in such activity, including the amount of time she intends to devote to this activity and her engagement in the activity is approved by aof the Committee. 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 $300 per month for providing such vehicle. The Presiding Judge shall be responsible for the purchase, maintenance, insurance,for said vehicle.monthlyallowance will be reimburseconsidered for increase during the performance evaluation process. The Employer also agrees to Presiding #i for ♦' out -of -county trI # I business at the current IRS rate for mileage reimbursement in accordance Expenses Policy#City employees with car allowances. 0 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 if such other retirees are not permitted to do so, at the cost of the Presiding Judge. SE(21`10N 12. DUES, MEMBERSHIPS AND SUBSCRIPTIONS. Employer agrees to budget and to pay for the professional dues, memberships, and subscriptions of Presiding Judge necessary for her continuation of full participation in national, regional, state, and local associations and organizations necessary and desirable for her 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 of the City of Denton. 11 1111 wls•'�l 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 of De,-tito,-t,. XMIL910ME, 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. 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 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 61 to other employees of the Employer in addition to said benefits enumerated specifically for the benefit of Presiding Judge. SECTION 16. RELOCATION EXPENSE If Presiding Judge chooses to relocate, Presiding Judge will receive three (3) bids from bonded and licensed moving companies and present these bids to the City. The Presiding Judge will select the lowest bidder for her moving company and must take this benefit within six (6) months of her first day of employment with the City. SECTION 17. 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 18,. 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. SECTION 19. EFFECTIVE DATE This Agreement shall take effect on ' "� � � � '„..,.�.. 2019. CITY OF DENTON`" CHRIS WATTS, MAYOR on ATTEST: RACHEL WOOD, INTERIM CITY SECRETARY BY: f APPROVED AS TO LEGAL FORM: AARON 1,5 CITY A°1'° OI� . F"`r"� BY:,�.. ..w r ( l 1,Y 1°( PRE 11)1 G JUDGE