19-183FILE REFERENCE FORM 19-183
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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
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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