20-1253ORDINANCE NO.20- 1253
AN ORDINANCE OF THE CITY OF DENTON APPOINTING TYLER ATKINSON AS
PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
ESTABLISHING TWO-YEAR TERMS OF OFFICE FOR THE PRESIDING JUDGE
COMMENCING ON THE 13TH DAY OF JULY 2020 TO FILL THE UNEXPIRED
REMAINDER OF THE TERM VACATED BY THE PRECEDING PRESIDING JUDGE, AND
EXTENDING THROUGH THE IsT DAY OF JANUARY 2022; AUTHORIZING THE
MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR TERM OF OFFICE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to appoint TYLER ATKINSON as Presiding
Municipal Judge to preside over the judicial functions of the Municipal Court of Record for the
City of Denton, to establish two-year terms of office for Presiding Judge, and commencing for
on the 13th day of July 2020 to fill the unexpired remainder of the term vacated by the preceding
Presiding Judge and ending on January 1, 2022; and
WHEREAS, TYLER ATKINSON desires to be appointed as Presiding Municipal Judge,
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, under Article VI, Section 6.03 of the Denton City Charter, as well as Article
II, Section 19-36 of the Code of Ordinances for the City of Denton, the Presiding Municipal
Judge shall be appointed in even-numbered years.
WHEREAS, Chapters 29 and 30 of the Texas Government Code requires that the Council
shall establish two (2) year Terms of Office; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That TYLER ATKINSON is appointed as the Presiding Judge for the
Municipal Court of Record for the City of Denton to fill the unexpired remainder of the term
vacated by the preceding Presiding Judge beginning on the 13th day of July 2020, and continuing
through 1 st day of January 2022, or as further provided herein.
SECTION 2. The City of Denton therefore appoints and designates TYLER ATKINSON
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. As
provided in Section 29.005 of the Texas Government Code, the Presiding Municipal Judge shall
be reappointed by the 91st 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 for the City of Denton Municipal
Court, providing for the terms of employment and compensation for the Presiding Municipal
Judge for the City of Denton Municipal Court, 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 of the Texas Government Code shall be the
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
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Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
Page 2
PASSED AND APPROVED this the g)nay 20204#
eiRrfmHa–Y–m
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY
Page 3
STATE OF TEXAS §
COUNTY OF DENTON §
EMPLOYMENT AGREEMENT
This Employment Agreement (“ Agreement”), is made and entered into effective the 13th
day of July, 2020 by and between the City of Denton, Texas, a Texas municipal corporation,
hereinafter called “Employer,” and Tyler Atkinson, hereinafter called “Presiding Judge,” both of
whom agree as follows:
WHEREAS, Employer desires the employment of the services of said Tyler Atkinson 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 accept employment with the City of Denton 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 employment as Presiding Judge of said
City of Denton, Texas Municipal Court and start his duties as Presiding Judge on July 13, 2020;
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 Tyler Atkinson 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.
SECTION 2. TERM.
A.Presiding Judge shall be appointed for terms of two years, commencing on July
13, 2020 to fill the unexpired remainder of the term vacated by the preceding
Presiding Judge, and ending on January 1, 2022. Presiding Judge shall start his
duties as Presiding Judge on July 13, 2020. 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 3, 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 B, of this
Agreement.
C.Presiding Judge agrees not to accept other employment nor to become employed
by any other employer until this Agreement is terminated by either party as
provided herein.
SECTION 3. SEPARATION
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 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 4. SALARY
A Employer agrees to pay Presiding Judge for his services rendered pursuant hereto
an annual base salary of One Hundred Thirty Thousand and No Cents
($130,000.00), 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
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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 Three Hundred Twenty-Five Dollars and No Cents
($325.00) 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 5. 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.The Council and Presiding Judge shall define annually 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 provisions of applicable law.
SECTION 6. 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, in correlation
with any applicable Federal and state law, the Presiding Judge’s use of personal time off
during the performance evaluation.
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SECTION 7. 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. Employer shall grant to the Presiding Judge a car
allowance of Three Hundred Dollars and No Cents ($300.00) 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 8. RETIREMENT
A.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 City employees.
B.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 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 9. 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 10. 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.
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SECTION 11. 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 12. 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
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, shall also 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 13. RELOCATION
Employer agrees to provide Employee with reimbursement for Employee’s relocation
expenses up to an amount not to exceed Two Thousand Five Hundred Dollars ($2,500).
The employee will receive three (3) bids from bonded and licensed moving companies
and present these bids to the City. The Employee will select the lowest bidder for his
moving company and must take this benefit within six months of initiation of
employment. The City’s Relocation Expenses policy (No. 101.05) will apply in all other
respects.
SECTION 14. GENERAL PROVISIONS
A.
B.
C.
The text herein shall constitute the entire agreement between the parties.
This Agreement shall be binding upon and inure to the benefit of the heirs at law
and executors of Presiding Judge.
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.
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SECTION 15. 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 hInd 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.
CITY OF DENTON
r/,minIm
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: aa
APPROVED AS TO LEGAL FORM
C IY
TI
NG JUDGE