21-1781ORDINANCE NO. 21-1781
AN ORDINANCE OF THE CITY OF DENTON. TEXAS, REAPPOINTING TYLER
ATKINSON AS THE PRESIDING JUDGE WITH A TWO-YEAR TERM COMMENCING
ON JULY 24, 2021, AND ENDING ON JULY 24, 2023; APPROVING A SALARY
INCREASE FOR THE PRESIDING JUDGE TYLER ATKINSON UNDER THE
PERFORMANCE REVIEW PROVISION OF HIS EMPLOYMENT AGREEMENT WITH
THE CITY; PAYING THE PRESIDING JUDGE'S PERCENTAGE OF COST FOR HIS
PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS);
CONTRIBUTING 6% OF THE PRESIDING JUDGE'S ANNUAL BASE SALARY TO THE
ICMA-RC'S 457 PLAN; INCREASING THE PRESIDING JUDGE'S CAR ALLOWANCE TO
$400; AUTHORIZING THE MAYOR TO EXECUTE THE PRESIDING JUDGE'S
EMPLOYMENT AGREEMENT; AUTHORIZING EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 13" day of July 2020. the City of Denton City Council approved an
Employment Agreement, commencing July 13, 2020 and ending on January 1, 2022, with Tyler
Atkinson as the Presiding Judge of the City of Denton by Ordinance No. 10-1253; and on the
10d' day of November 2020, the City Council approved the Presiding Judge's First Amended
Employment Agreement by Ordinance 20-2310, providing the Presiding Judge with
compensation for his warrant services during specific hours of the day; and
WHEREAS, the City Council desires to continue employing Tyler Atkinson as the
Presiding Judge, and Tyler Atkinson desires to continue his employment with the City of Denton
as the Presiding Judge; and
WHEREAS, the City Council finds that reappointing Tyler Atkinson as Presiding Judge,
with a two-year term commencing on July 24, 2021, and ending on July 24, 2023; paying the
Presiding Judge's percentage of cost for his participation in the TMRS retirement program;
contributing 6% of the Presiding Judge's annual base salary to the ICMA-RC's 457 plan, as
provided to other Council appointees; and increasing the Presiding Judge's car allowance to
$400 are in the best interest of the City of Denton; and
WHEREAS, the City Council has completed its performance review for Presiding Judge
Tyler Atkinson, and the Council desires to increase Presiding Judge Tyler Atkinson's current
annual Base Salary under the performance review provision of his current Employment
Agreement with the City to One Hundred Forty -Three Thousand Dollars and No Cents
($143,000.00), and that said salary increase is in the best interest of the City of Denton; and
WHEREAS, the City Council finds that approval of the attached Employment Agreement
including the above-specified terms is in the best interest of the City of Denton; 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 an increase in the annual Base Salary of
Presiding Judge Tyler Atkinson to One Hundred Forty -Three Thousand Dollars and No Cents
($143,000.00), pursuant to Section 6-B. of the Presiding Judge's Employment Agreement
(approved by the City Council on July 13, 2020).
SECTION 3. Said salary increase to Presiding Judge Tyler Atkinson shall be effective,
as of July 24, 2021.
SECTION 4, The City Council hereby approves the attached Employment Agreement
continuing Mr. Atkinson's employment with the City of Denton as the Presiding Judge for a two-
year term, commencing on July 24, 2021, and ending on July 24, 2023.
SECTION 5. City expenditures provided for in the attached Employment Agreement,
including the salary increase approved the City Council, the paying of the Presiding Judge's
percentage of cost for his participation in the TMRS retirement program; contributing 6% of the
Presiding Judge's annual base salary to the ICMA-RC's 457 plan, as provided to other Council
appointees; and increasing the Presiding Judge's car allowance to $400 are in the best interest of
the City of Denton, are hereby authorized.
SECTION b. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by
e—b
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and seconded
by \&C1 %L This
Ordinance was
passed and
approved by the
following vote [ -7 - __C?]:
PASSED AND APPROVED this the I -1 �-r,
Abstain Absent
day of (—)uCj v� , 2021.
GERARD HUDS H, MAYOR
ATTEST: o1§1111110.,
ROSA RIOS, CITY SECRETARY �p F., b FT,��
BY: J1
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Page 2 '. °F•''•••......•••••• �.��
Aye Nay
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:
✓
Brian Beck, District 2:
✓
Jesse Davis, District 3:
✓
Alison Maguire; District 4:
✓
Deb Annintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the I -1 �-r,
Abstain Absent
day of (—)uCj v� , 2021.
GERARD HUDS H, MAYOR
ATTEST: o1§1111110.,
ROSA RIOS, CITY SECRETARY �p F., b FT,��
BY: J1
_* =
~ 4
Page 2 '. °F•''•••......•••••• �.��
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
-
BY:
Page 3
STATE OF TEXAS §
COUNTY OF DENTON §
SECOND _AMENDED EMPLOYMENT AGREEMENT
This Amended Employment Agreement ("Agreement"), is made and entered into this
17x' day of August 2021 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, on the 13a' day of July 2020, the City of Denton City Council approved an
Employment Agreement with Tyler Atkinson as the Presiding; Judge, commencing July 13, 2020
and ending on January 1, 2022.
WHEREAS, Employer desires to continue 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 continue his 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;
SECTION 1. DUTIES.
Employer hereby engages the employment services of Tyler Atkinson as Presiding Judge
of said Employer to perforin 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
24, 2021, and ending on July 24, 2023. Presiding Judge shall start his duties
under the provisions of this Agreement July 24, 2021. Nothing in this Agreement
shall prevent, limit or othenvise 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 terra 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 Forty -Three Thousand and No Cents
($143,000.00), 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, including that the City will pay Employee's
portion of the Texas Municipal Retirement System contribution.
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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.
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.
D. The Presiding Judge shall be entitled to compensation at a rate of One Hundred
Dollars ($100) per hour for after-hours warrant .service, with a one hour
minimum. Any additional portions of time after the first hour shall be billed in
increments of fifteen (15) minutes. Compensation is based on time and not the
number of warrants reviewed. "After hours" is defined as all hours excluding 5:00
AM to 5:00 PM on Monday through Friday but including City -approved holidays,
Saturdays, and Sundays. Travel time to and from court shall not be included as
billable time.
SECTIONS. 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 Clic 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.
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 Four Hundred Dollars and No Cents ($400.00) 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. RETTREMENT.
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, except that the City will pay Employee's
portion of the Texas Municipal Retirement System contribution.
B. 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 [CMA -RC retirement
plans. Employer further agrees to contribute 6% of Presiding Judge's annual base
salary to ICMA-RCs 457 plan. All sums contributed to said plans shall be in
addition to Presiding Judge's base salary. Employer also agrees to allow Presiding
Judge to contribute whatever portion of his base salary he may deem appropriate
to said plan, including "catch-up" provisions.
B. if the Presiding Judge retires pursuant to a qualified retirement plan, or is
permanently disabled during the terra 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 arc not permitted to do so, at the cost of the Presiding Judge.
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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 arc approved by the City Council in the
annual budget for the City's Municipal Court Judge --- Administration.
Zn
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.
SECTION 11. BONDING.
Employer shall Dear 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, 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. 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 shalt be in a court of
competent jurisdiction sitting in Denton County, Texas.
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 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.
SECTION 16. EFFECTIVE DATE.
This Agreement shall take effect on July 24, 2021.
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
ERARD HUDSP TH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INT RIM CITY ATTORNEY
BY;
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TYL ATKINSON
P SIDING JUDGE