19-572ORDINANCE NO. 19-572
AN ORDINANCE APPROVING A FIRST AMENDMENT TO THE EMPLOYMENT
AGREEMENT FOR THE PRESIDING JUDGE AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT TO THE AGREEMENT; SETTING A 6%
CONTRIBUTION OF PRESIDING JUDGE'S BASE SALARY TO HER ICMA-RC's 457
PLAN; AUTHORIZING EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, an Employment Agreement for the appointment of Holly Fox as the
Presiding Judge of the City of Denton Municipal Court was adopted by the City of Denton City
Council under Ordinance No. 2019-183 on February 5, 2019, and said Agreement is hereby
attached as Exhibit "A"; and
WHEREAS, the City Council and Holly Fox mutually desire to amend the attached
Employment Agreement; and
WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals and findings contained in the preamble of this Ordinance are
incorporated into the body of this Ordinance.
SECTION „2. The City Council hereby approves a First Amendment to the Employment
Agreement for the Presiding Judge Holly Fox and authorizes the Mayor to execute the
Agreement on behalf of the City.
SECTION 3. The City expenditures provided for in the Agreement are hereby authorized.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PP Y — -"
The motion to approve this Ordinance was made b o and ��_�"
seconded by �� �,�'�? �,�'� W~ .�1.l______________-_______
This Ordinance was passed and
approved by the fbfl ,w iiig -N°otc I ..' ' j
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:W°
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
this the ......YW ... day of ..: --- - 2019.
CHRIS WATTS, MAYOR
Page 2
STATE OF TEXAS
COUNTY OF DENTON
FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT
This First Amendment to the Employment Agreement is made and entered into effective
the 19"' day of March, 2019 by and between the City of Denton, Texas, a Texas municipal
corporation, hereinafter called "Employer," and Holly Fox, hereinafter called "Presiding Judge,"
with the Employer and Holly Fox sometimes being referenced collectively in this Agreement as
the "Parties."
WHEREAS, the Parties entered into an Employment Agreement on February 5, 2019,
which is attached as Exhibit "A" and was adopted by the City of Denton City Council under
Ordinance No. 2019- 183; and
WHEREAS, it is the desire of Employer to retain the services of Employee and to
provide inducement for her to remain in such employment pursuant to the terms delineated in her
Employment Agreement; and
WHEREAS, the Parties desire to amend the Employment Agreement to include an
Employer contribution of 6% of Presiding Judge's annual base salary (enumerated in Section 6.
Salary of the Agreement) to her ICMA-RC's 457 plan;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
Parties agree to amend the Employment Agreement as follows:
1. Section 11 of the Employment Agreement shall include the following additional language
pertaining to retirement:
SECTION 11. 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 plan shall
be in addition to Presiding Judge's base salary. Employer also agrees to allow
Presiding Judge to contribute whatever portion of her base salary she may
deem appropriate to said plan, including "catch-up" provisions.
2. Except as expressly amended hereby, the Employment Agreement shall remain valid and
subsisting as originally provided, and the Employer and the Employee hereby ratify and
confirm the Employment Agreement, as amended hereby.
IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the
City of Denton, has signed and executed this First Amendment and the Employee has signed and
executed this First Amendment, both in duplicate, the day and year first above written.
This First Amendment to the Employment Agreement shall take effect on
2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AA1
CITY OF F)F;N"�,'ON
i
�.. ..._�" /........._
CHRIS WATTS, MAYOR
F1O1-LY FO
PRESIDINt. "JUDGE
2
Exhibit A
ORDINANCE NO. 19-183
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING HOLLY FOX AS
PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
ESTABLISHING A TERM OF OFFICE FOR THE PRESIDING JUDGE BEGINNING ON
THE 11TH DAY OF FEBRUARY, 2019, AND EXTENDING THROUGH THE 10TH DAY OF
FEBRUARY, 2021; AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
AGREEMENT FOR TERM OF OFFICE; RATIFYING TERMS OF SAID AGREEMENT;
AND DECLARING AN EFFECTIVE DATE.
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
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 (2) year Terms of Office, and provides that a Municipal Judge who is not
appointed by the 91s' 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,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
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 beghilling on
the l lth day of F bnwry, 2019, and continuing through loth day of February, 2021, or as further
provided herein.
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 91" 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.
)�rt TlON 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 immediately upon its passage and
approval.
The motion to approve this Ordinance was made by kee-la&r4? -!5and second
• r. r by the
following
Aye Nay Abstain Absent
Mayor Chris Watts: V0
Gerard Hudspeth, District 1:
Keely G. Briggs District 2: ✓
John Ryan, District 4: V
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the YC day of �" , 2019.
C ATTS, MAYOR
i_-
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BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BL . ......
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............. 111 ,111
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This Employment Agi,eenient ("Agreement"), is niade: and enlcred, into eMctive the 51h,
day of AL, 2019 by and between the City of Denton, "I'exas, a Texas Inullicipal corpoinit—i-o'n,
hereinafter called "Employer," and Holly Fox, hereinafter called "Presiding Judge," both of
whom 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
. . — I
Jm4e and to provide inducement for h mzk&lp1 ,�-
work productivity by assuring Presiding Judge's morale and peace of mind with respect to future
;iwowal g2koult*A-1v,
1:�art of the Presiding Judge; and
1?'AM43AS, Holly Fox desires to accept employment as Presiding Judge of said City of
Denton, Texas Municipal Court; and
ItHEREAS, 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:
ffiisc;NA laty 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
amount.
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W631POEM-ot 014) IM411,7AROgI wd Imy gle g Ig 1 4
threatened reduction in the Presiding Judge's Salary or other financial benefits in a greatml
I*ercentage than a coinciding across-the-board reduction for! •
Remoy " al means to end the Presiding Judge's appointment or remove the Presiding Jud
L'rom her appointment as the Presiding Judge.
Employer hereby engages the employment services of Holly Fox 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.
Agreement.
A. Presiding Judge shall be appointed for a term of two years commencing on February
11, 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
Presiding Judge at any time, subject only to the provisions set forth in Section 4 of this
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Presiding Judge to resign at any time from her position with the Employer, subject
only to the provision set forth in Section 5, paragraph B, of this Agreement.
C. Presiding Judge shall start her appointment as Presiding Judge on February 11, 2019
! agrees to remain in the employof # •yer until February 10, 2021,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" or "accept other employment" shall not be construed to
include those outside activities approved in accordance with Section 9 hereof.
hearing
The Employer may suspend the Presiding Judge prior to any removal of the Presiding
Judge but may not suspend or reduce Presiding Judge's salary prior 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 resolution stating the reasons for her 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 may be held in executive session, at the option of
from duty, but may not suspend or reduce her 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.
B. In the event Presiding
ns her position with Employer before
expiration •aforesaid Judge . • . employment,yPresiding 1 g. shallgive
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 1 $130,000 and as set year to year by the City Council
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
• • disability I1 retirement underi 1::
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
rt% In addition, Employer agrees to increase said base salary and/or other benefits
Presiding Judge in such amounts and to such extent as the Council may determi
within the approved budget that it is desirable to do so on the basis of ann annu
1-1
performance review of said Presiding Judge made at the same time as simil
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
A. The Council shall review and evaluate the performance of the Presiding Judge at lea
once annually during the time set aside each year for the performance review of oth
Council appointees. Said review and evaluation shall be in accordance with specil
FL. Annually, the Council and Presiding Judge shall define such goals and performancy
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 Judgi
mutually agree to abide by the provisions of applicable law.
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
it is appropriate and when her 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 her 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, in correlation with any applicable Federal and state law, the Presiding Judge's use of
personal time off during the performance evaluation.
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 • business hoursof the Employer,provided does not• •
Expenses
n
•
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'spolicies for• •" • benefits, and,
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 notpermitted to do so, at the costof Presiding •
f11 IN
f f f •
Denton.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,
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
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
member in the amounts approved by the City Council in the annual budget for the City of
Denton.
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.
inconsistent
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 or • provisions of
Charter, Chapter 30 of the Texas Government Code, or any other law, and are
memorialized by ! to this Agreement.
B. All provisions of the City Charter and Code, and regulations and rules of tM
Employer relating to vacation and sick leave, retirement and pension syste
contributions, holiday, and other fringe benefits and working conditions as they nol,
exist or hereafter may be amended, also shall apply to Presiding Judge as they woul
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
ko.
CITY OF DENTON
�:,u �� � ��
... . �.
CHRIS WA"l'I`ti:," NIAY 1
ATTEST:
RACHEL WOOD, INTERIM CITY SECRETARY
BY:,�
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
.,a .
Ily
PRESIV G JUDGE