21-1808011
•�•
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPOINTING ANN POSTON AS
ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD;
APPOINTING CYNTHIA BURKETT AS ASSISTANT JUDGE FOR THE CITY OF DENTON
MUNICIPAL COURT OF RECORD; APPOINTING KIMBERLY LAFFERTY AS ASSISTANT
JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; AUTHORIZING
EXPENDITURE OF FUNDS; AUTHORIZING NOTICE OF NON -RENEWAL OF EXISTING
ASSISTANT JUDGE CONTRACTS; AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; AND
DECLARING AN EFFECTIVE DATE.
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 Assistant Municipal Court
Judges to preside over the judicial functions of the Municipal Court of Record for the City of
Denton in the absence of the Presiding Judge; 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, applicable portions of the Denton City Charter and Municipal Code provide
that the Presiding Judge shall be appointed in even -numbered years and the Assistant Municipal
Court Judges shall be appointed in odd -numbered years; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
SECTION 1. That ANN POSTON is hereby appointed as an Assistant Municipal Court
Judge for the Municipal Court of Record for the City of Denton, Texas to serve a two (2) year term
of office beginning on the 31St day of December, 2021 and continuing until midnight December
30, 2023, or as further provided herein.
SECTION 2. That CYNTHIA BURKETT is hereby appointed as an Assistant Municipal
Court Judge for the Municipal Court of Record for the City of Denton, Texas to serve a two (2)
year term of office beginning on the 31" day of December, 2021 and continuing until
midnight December 30, 2023, or as further provided herein.
SECTION 3. That KIMBERLY LAFFERTY is hereby appointed as an Assistant
Municipal Court Judge for the Municipal Court of Record for the City of Denton, Texas to serve
a two (2) year term of office beginning on the 31 St day of December, 2021 and continuing
until midnight December 30, 2023, or as further provided herein.
SECTION 4. The City of Denton therefore appoints and designates the aforementioned
persons as Assistant Municipal Court Judges and magistrates for and under the laws of the State
of Texas, with all the powers, rights and duties of said appointment.
SECTION 5. The Mayor is authorized to execute on behalf of the City a Contract for
Services with each Assistant Municipal Court Judge, attached as Exhibits A through C, providing
for the terms of employment and compensation for each Assistant Municipal Court Judge.
SECTION 6. Any other Assistant Municipal Court Judge previously appointed by the City
Council whose appointment is not expressly renewed by this ordinance shall not continue to serve
as an Assistant Municipal Court Judge for the City of Denton once their most recent appointment
ends.
SECTION 7. 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 an Assistant Municipal Court Judge as appointed herein.
SECTION 8. City expenditures provided for in the Contract for Services are hereby
authorized.
SECTION 9: This Ordinance shall become effective immediately upon its passage and
approval.
The ,motion to approve this Ordinance was made by�;�0(i 0.Giu:G- and seconded by
om
) Q.SS c J�,y . S ; this Ordinance was passed and approved by the following
vote - 1.
A��eNva TT Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
✓
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
.�
PASSED AND APPROVED this the ?.fid day of hk74 CvA)pe-< , 2021.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
GERARD HtffSPETH, MAYOR
EXHIBIT A
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT is made and entered into this-2,n�' day of
20 'L I_, by and between the City of Denton, Texas, a Municipal Corporation ofthe State
of Texas, hereinafter referred to as "City", and ANN POSTON, hereinafter referredto as
"Assistant Judge".
WITNESSETH:
1. The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of ANN POSTON (hereinafter referred to as
"Assistant Judge") to a TERM of APPOINTMENT of Two (2) years, beginning
on the December 31, 2021, and continuing through midnight, December 30',2023.
The City of Denton therefore appoints and designates said Assistant Judge as a
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 a term of two (2) years,
The Assistant Judge shall comply with all requirements of law, must perform all
duties as required by law, and must comply with all the terms of this agreement.
Conditions and restrictions applicable to municipal judges under all applicable
state statutes and under the Texas Code of Judicial Conduct are further incorporated
as terms of compliance under this Contract.
2. The City shall compensate Assistant Judge as follows:
(a) C URT SESSIONS EVENING JAIL ARRAIGNMENTS _. For
the performance of any services as a municipal court judge (or as a statutory
magistrate) for the City of Denton while presiding over any official court
dockets or scheduled court sessions as assigned and directed by the
Presiding Judge for Denton Municipal Court or scheduled through the
municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $100.00 per hour with a one hour minimum, with
all additional portions of time for the day billed in in fifteen (13) minute
increments. Travel time to and from the Court shall not be included as
billable time. The Assistant Judge will receive an hourly rate of $100 per
hour spent in preparation for and conducting everting jail arraignments, as
assigned by the Presiding Judge, with a one Stour minimum, with all
additional portions of time for the day billed in in fifteen (15) minute
increments.
(b) QHLCE HOURS/ COURT SESSION AND PREPARATION -- In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the presiding judge or scheduled
through the municipal court coordinator, any office hours as required for
the completion of any paper work, or document preparation shall be billed
at $100,00 per Dour with a one hour minimum, with all additional portions
of time for the day billed in in fifteen (15) minute increments. Travel time
to and from the Court shall not be included as billable time. The Assistant
Assistant Municipal Judges Contract for Services Page 1 of 5
EXHIBIT A
Judge shall be entitled to compensation at a rate of $100 per hour for after-
hours
fterhours warrant service when Presiding Judgeis unavailable. Compensation
is based on time and not the number of warrants.
(c) WEEKEND AND HOLIDAY MORNING JAIL ARRAIGNMENTS —
When specifically assigned or designated by the Presiding Judge within his
or her sole discretion, to perform morning magisterial duties in the City of
Denton Municipal Jail, or other designated detention or holding facility,
on either (a) officially designated City of Denton Holidays as designated by
official city calendar, and (b) on Weekends (being defined as Saturdays and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$325.00 per day.
(d) IN-HOUSE /JUDICIAL T ME TING — The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or mandatory
judicial staff meetings as called by the presiding Judge, and such time shall
be billed at $100.00 per hour with a one hour minimum, with all additional
portions of time for the day billed in in fifteen (15) minute increments.
Travel time to and from the meeting place shall not beinciuded as billable
time.
(e) MANDATORY JUDICIAL EDUCATION TRAINING — TheAssistant
Judge shall attend, and the City shall compensate Assistant Judge for
sixteen (16) hours of attendance at an annual mandatory judicial education
course offered by the Testas Municipal Courts Education Center (TMCEC).
The Assistant Judge shall be compensated at a rate of $100.00 per hour for
each hour of classroom attendance of annual mandatoryjudicial education
so long as they are not being compensated by any other municipality.
Additionally, the City will pay hotel costs for a single room accommodation
if not paid directly by the state. The cost of credit for Minimum Continuing
Legal Education (MOLE) through TMCEC is voluntary and may be self-
reported so the City will not pay MCLE fees or related expenses on
Assistant Judge's behalf, whether for TMCEC or as requited for attorney
licensure. Also, unless the Assistant Judge receives the express prior
approval of the Presiding Judge, the City will not reimburse the Assistant
Judge or pay any cost incurred for travel or meals. The Judge's Office
encourages the Assistant ,fudge to attend courses offered in the Dallas/ Fort
Worth area.
(f) MAXIMUM DAILY BILLING — A maximum of eight (8) hours,
cumulative ofall categories, may be worked in a single day, absent approval
of the Presiding Judge. For purposes ofthis provision, a day begins at 12:00
a.m, and ends at 11:59 p.m.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
Assistant Municipal Judges Contract for Services Page 2 of 5
EXHIBIT A
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated hourly compensation or
specified expense reimbursement will be provided.
The Assistant Judge will receive docket assignments and work schedules within the
sole discretion of the Presiding Municipal Judge or his or her designee. The
Assistant Judge shall have no set work hours, assigned dockets or duties other
than as directed by the Presiding Municipal Judge or designee. The Assistant Judge
is given no assurances as to minimum hours, work assignments or specific dockets
and understands that all such work assignments are subject to change to
accommodate the needs of the Court. The Assistant Judge shall be available to
perform and shall perform if directed, the duties of the position, subject only to
reasonable notice.
The Assistant Judge must attend and complete any annual mandatory ,judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership fees
or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and that
all fees and mandatory continuing education requirements have been met at the time
of this appointment.
4. The Assistant Judge shall not take on legal representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on representation
of a client adverse to the City of Denton. The Assistant Judge shall not represent a
client in a case where an employee of the City of Denton, in histhercapacity as an
employee of the City of Denton is a witness or may be summoned toappear as a
witness.
S. During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of
the Texas Government Code and all other applicable laws pertaining to the
operation of the Denton Municipal Court of Record, and his duties as a Magistrate.
In the event of a conflict between the terms of this Contract and said Code, Charter,
Statutes and laws, the terms of said Code, Charter, Statutes, andlaws shall
govern.
6. The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City authorizes Assistant Judge to make use ofthe City's
local phone system, computer, printer, copier, and fax machine, or the like, provided
that Assistant Judge must reimburse to the City for any actual costsinvolved in these
and other permitted uses of City property.
7. The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3 of 5
EXHIBIT A
of the office of municipal judge for the City of Denton, The City therefore FINDS
that the performance of such duties or holding of any other such office is of benefit
to the state of Texas, and consequently there is no conflict with the duties of this
office.
8. The Assistant Judge shall at all times serve at the pleasure of the Council, and may
be removed from office upon a 30 -day notice. City may also remove the Assistant
Judge from office during their term of office pursuant to and in accordance with
the requirement of §30.000085 of the Texas Government Code, or its successor, as
same may hereafter be amended.
9. During the term ofthis Contract, Assistant Judge agrees that the Presiding Judge of
the Denton Municipal Court has sole and absolute discretion in the assignment of
compensable duties under this Contract, and that Assistant Judge has sole and
absolute discretion to decline any such assignment upon reasonable prior notice.
10. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
11. The parties intend this statement of their agreement to constitute the complete,
exclusive, and fully integrated statement of their agreement. As such, it is the sole
expression of their agreement, and they are not bound by any other agreements of
whatsoever kind or nature.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes ail prior negotiations and representations and/or Contracts
either written or oral. This Contract may be amended only by written instrument signed
by both the City and the Assistant Judge. The Assistant Judge further states that they have
carefully read the foregoing Contract, and understands the contents thereof, and signs the
same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its name
by Gerard Hudspeth, Mayor, and its corporate seal to be hereunto affixed and attested by
its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the day
and year first above written.
CITY OF DENTON, TEXAS
GERARD HUDSPETH, MAYOR
ASSISTANT JUDGE:
Ann S FoSion t0d 14.21)21(19,35 CGI
ANN POSTON
Assistant Municipal Judges Contract for Services
Page 4 of 5
ATTEST;
ROSA RIGS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTO Y
BY: z F -t14
EXHIBIT A
Assistant Municipal Judges Contract for Services Page 5 of 5
EXHIBIT B
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT is made and entered into this 2nd day of�q,
20_3:,1 by and between the City of Denton, Texas, a Municipal Corporation ofthe State
of Texas, hereinafter referred to as "City', and CYNTHIA BURKETT, hereinafter
referred to as "Assistant Judge".
`1a7-tylk ►�
1. The City of Denton (hereinafter referred to as "City") does hereby APPOINT
and contract for the services of CYNTHIA BURKETT (hereinafter referred to
as i°Assistant Judge") to a TERM of APPOINTMENT of Two (2) years,
beginning on the December 31, 2021, and continuing through midnight, December
301, 2023. The City of Denton therefore appoints and designates said Assistant
Judge as a municipal judge and magistrate for and under the laws of the State of
Texas, with al I the powers, rights and duties of said appointment for a term of two
(2) years. The Assistant Judge shall comply with all requirements of law, must
perform all duties as required by law, and must comply with all the terms of this
agreement. Conditions and restrictions applicable to municipal judges under all
applicable state statutes and under the Texas Code of Judicial Conduct are further
incorporated as terms of compliance under this Contract.
2. The City shall compensate Assistant Judge as follows;
(a) COURT SESSIONS AND EVENING JAIL ARRAIGNMENTS — For
the performance ofany services as a municipal count judge (or as a statutory
magistrate) for the City of Denton while presiding over any official court
dockets or scheduled court sessions as assigned and directed by the
Presiding Judge for Denton Municipal Court or scheduled through the
municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $100.00 per hour with a one hour minimum, with
all additional portions of time for the day billed in in fifteen (15) minute
increments. Travel time to and from the Court shall not be included as
billable time. The Assistant Judge will receive an hourly rate of $100 per
hour spent in preparation for and conducting evening jail arraignments, as
assigned by the Presiding Judge, with a one hour minimum, with all
additional portions of time for the day billed in in fifteen (15) minute
increments.
(b) OFFICE HQURS/__COURT SESSION AND PREPARATION — In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the presiding judge or scheduled
through the municipal court coordinator, any office hours as required for
the completion of any paper work, or document preparation shall be billed
at $100.00 per hour with a one hour minimum, with all additional portions
of time for the day billed in in fifteen (15) minute increments. Travel time
to and from the Court shall not be Included as billable time. The Assistant
Judge shall be entitled to compensation at a rate of$100 per hour for after -
Assistant Municipal Judges Contract for Services Page 1 of 5
EXHIBIT B
hours warrant service when Presiding Judgeis unavailable. Compensation
is based on time and not the number of warrants.
(c) WEEKEND MD HOLIDAY MORNING JAIL ARRAIGNMENTS —
When specifically assigned or designated bythe Presiding Judge within his
or her sole discretion, to perforin morning magisterial duties in the City of
Denton Municipal .sail, or other designated detention or Molding facillty,
on either officially designated City of Denton Holidays as designated by
official city calendar, and (b) on Weekends (being defined as Saturdays and
Sundays), the Assistant Judge shall be compensated at a per them rate of
$325.00 per day.
(d) IN-110USE TRAINIUNG/.JUDICIAL STAFF MEETINGS — The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or mandatory
judicial staff meetings as called by the presiding Judge, and such time shall
be billed at $140.00 per hour with a one hour minimum, with all additional
portions of time for the day billed in in fifteen (15) minute increments.
Travel time to and from the meeting place shall not beincluded as billable
time.
(e) MANDATO&Y JUDICIAL_ EDUCATION TRAININIx -- TheAssistant
Judge shall attend, and the City shall compensate Assistant Judge for
sixteen (16) hours of attendance at an annual mandatory judicial education
course offered by the Texas Municipal Courts Education Center (TMCEC).
The Assistant Judge shall be compensated at a rate of $100.00 per hour for
each hour of classroom attendance of annual mandatoryjudicial education
so long as they are not being compensated by any other municipality.
Additionally, the City will pay hotel costs for a single room accommodation
if not paid directly by the state. The cost of credit for Minimum Continuing
Legal Education (MCLE) through TMCEC is voluntary and may be self-
reported
elfreported so the City will not pay MCLS fees or related expenses on
Assistant Judge's behalf, whether for TMCEC or as required for attorney
licensure. Also, unless the Assistant Judge receives the express prior
approval of the Presiding Judge, the City will not reimburse the Assistant
Judge or pay any cost incurred for travel or meals. The Judge's Office
encourages the Assistant Judge to attend courses offered in the Dallas/ Port
Worth area.
(f) MAXIMUM DAILY BILLING -- A maximum of eight (8) hours,
cumulative ofall categories, may be worked in a single day, absent approval
of the Presiding Judge. For purposes of this provision, a day begins at 12:00
a.m. and ends at 11:59 p.m.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
Assistant Municipal Judges Contract for Services Page 2 of 5
EXHIBIT B
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated hourly compensation or
specified expense reimbursement will be provided.
The Assistant Judge will receive docket assignments and work schedules within the
sole discretion of the Presiding Municipal Judge or his or her designee. The
Assistant Judge shall have no set work hours, assigned dockets or duties other than
as directed by the Presiding Municipal Judge or designee. The Assistant Judge is
given no assurances as to minimum hours, work assignments or specific dockets
and understands that all such work assignments are subject to change to
accommodate the needs of the Court. The Assistant Judge shall be available to
perform and shall perform if directed, the duties of the position, subject only to
reasonable notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership fees
or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and that
all fees and mandatory continuing education requirements have been met at the time
of this appointment.
4. The Assistant Judge shall not take on legal representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct, The Assistant Judge shall not take on representation
of a client adverse to the City of Denton, The Assistant Judge shall not represent a
client in a case where an employee of the City of Denton, in hisibercapacity as an
employee of the City of Denton is a witness or may be summoned toappear as a
witness.
5. During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of
the Texas Government Code and all other applicable laws pertaining to the
operation of the Denton Municipal Court of Record, and his duties as a Magistrate.
In the event of a conflict between the terms of this Contract and said Code, Charter,
Statutes and laws, the terms of said Code, Charter, Statutes, and laws shall
govern.
6. The City herein acknowledges that the Assistant Judge may maintain a private
law practice and may perform outside legal services so long as such legal services
do not conflict with the Texas Code of Judicial Ethics or the Texas Rules of
Professional Conduct. The City authorizes Assistant Judge to make use ofthe City's
local phone system, computer, printer, copier, and fax machine, or the like, provided
that Assistant Judge must reimburse to the City for any actual costsinvolved in these
and other permitted uses of City property.
7. The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3 of 5
EXHIBIT B
of the office of municipal judge for the City of Denton. The City therefore FINDS
that the performance of such duties or holding of any other such office is of benefit
to the state of Texas, and consequently there is no conflict with the duties of this
office.
S. The Assistant Judge shall at all times serve at the pleasure ofthe Council, and may
be removed from office upon a 30 day notice. City may also remove the Assistant
.fudge from office during their term of office pursuant to and in accordance with
the requirement of §30.000485 of the Texas Government Code, or its successor, as
same may hereafter be amended.
9. During the term of this Contract, Assistant Judge agrees that the Presiding Judge of
the Denton Municipal Court has sole and absolute discretion in the assignment of
compensable duties under this Contract, and that Assistant Judge has sole and
absolute discretion to decline any such assignment upon reasonable prior notice.
10. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
11. The parties intend this statement of their agreement to constitute the complete,
exclusive, and fully integrated statement of their agreement. As such, it is the sole
expression of their agreement, and they are not bound by any other agreements of
whatsoever kind or nature.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or Contracts
either written or oral. This Contract may be amended only by written instrument signed
by both the City and the Assistant Judge. The Assistant Judge further states that they have
carefully read the foregoing Contract, and understands the contents thereof, and signs the
same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its name
by Gerard Hudspeth, Mayor, and its corporate seat to be hereunto affixed and attested by
its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the day
and year fiat above written.
CITY OF DENTON, TEXAS
GERARD HIMSPETH, MAYOR
Assistant Municipal Judges Contract for Services Page 4 of 5
ATTEST:
ROSA RIOS, CITY SECRETARY
CITY OF DENTON
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
EXHIBIT B
Assistant Municipal Judges Contract for Services Page 5 of 5
EXHIBIT C
CONTRACT FOR SERVICES
FOR ASSISTANT MUNICIPAL JUDGE
THIS CONTRACT is made and entered into this Z� d day of a
20 2L, by and between the City of Denton, Texas, a Municipal Corporation ofthe State
of Texas, hereinafter referred to as "City", and KIMBERLY LAFFERTY, hereinafter
referred to as "Assistant Judge".
WITNESSETH;
1. The City of Denton (hereinafter refereed to as "City") does hereby APPOINT
and contract for the services of KIMBERLY LAFFERTY (hereinafter referred
to as "Assistant Judge) to a TERM of APPOiNTMENI' of Two (2) years,
beginning on the December 31, 2€121, and continuing through midnight, December
301, 2023. The City of Denton therefore appoints and designates said Assistant
.fudge as a 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 a term of two
(2) years. The Assistant Judge shall comply with all requirements of law, must
perforin all duties as required by law, and must comply with all the terms of this
agreement. Conditions and restrictions applicable to municipal judges under all
applicable state statutes and under the Texas Code of Judicial Conduct are further
incorporated as terms of compliance under this Contract.
2. The City shall compensate Assistant Judge as follows:
(a) COURT SESSIONS AND EVENING JAIL ARRAIGNMENTS — For
the performance of any services as a municipal courtjudge (or as a statutory
magistrate) for the City of Denton while presiding over any official court
dockets or scheduled court sessions as assigned and directed by the
Presiding Judge for Denton Municipal Court or scheduled through the
municipal court coordinator, Assistant Judge shall be entitled to
compensation at a rate of $100.00 per hour with a one hour minimum, with
all additional portions of time for the day billed in in fifteen (15) minute
increments. Travel time to and from the Court shall not be included as
billable time. The Assistant Judge will receive an hourly rate of $100 per
hour spent in preparation for and conducting evening jail arraignments, as
assigned by the Presiding Judge, with a one hour minimum, with all
additional portions of time for the day billed in in fifteen (15) minute
increments.
(b) OFFICE HOURS/ COURT SESSION AND PREPARATION — In
addition to the performance of any duties in acting as a municipal judge or
magistrate during any time as assigned by the presiding judge or scheduled
through the municipal court coordinator, any office hours as required for
the completion of any paper work, or document preparation shall be billed
at $100.00 per hour with a one hour minimum, with all additional portions
of time for the day billed in in fifteen (15) minute increments. Travel time
to and from the Court shall not be included as billable time. The Assistant
Assistant Municipal Judges Contract for Services Page 1 of 5
EXHIBIT C
Judge shall be entitled to compensation at a rate of $100 ,per hour for after-
hours warrant service when Presiding Judgeis unavailable. Compensation
is based on time and not the number of warrants.
(c) WEEKEND AND MORNING JAIL ARRAIGNMENTS — When
specifieal ly assigned or designated by the Presiding Judge within his or her
sole discretion, to perform morning magisterial duties in the City of Denton
Municipal Jail, or other designated detention or holding facility, on either
(a) officially designated City of Denton holidays as designated by official
city calendar, and (b) on Weekends (being defined as Saturdays and
Sundays), the Assistant Judge shall be compensated at a per diem rate of
$325.00 per day.
(d) IN-HOUSE RAINING/JUDICIA AFF MEETINGS w- The City
shall further compensate the Assistant Judge for any actual time expended
or class hours spent in attendance at in-house judicial training or mandatory
judicial staff meetings as called by the presiding Judge, and such time shall
be billed at $100.00 per hour with a one hour minimum, with all additional
portions of time for the day billed in in fifteen (15) minute increments.
Travel time to and from the meeting place shall not beincluded as billable
time.
(e) MANDAT RY JUDICIAL EDUCATION MAjMNC, — TheAssistant
Judge shall attend, and the City shall compensate Assistant Judge for
sixteen (16) hours of attendance at an annual mandatory judicial education
course offered by the Texas Municipal Courts Education Center (TMCEC).
The Assistant Judge shall be compensated at a rate of $100.00 per hour for
each hour of classroom attendance of annual mandatoryjudicial education
so long as they are not being compensated by any other municipality.
Additionally, the City will pay hotel costs for a single room accommodation
if not paid directly by the state. The cost of credit for Minimum Continuing
Legal Education (MCLS) through TMCEC is voluntary and may be self-
reported so the City will not pay MCMI: fees or related expenses on
Assistant Judge's behalf, whether for TMCEC or as required for attorney
licensure. Also, unless the Assistant Judge receives the express prior
approval of the Presiding Judge, the City will not reimburse the Assistant
Judge or pay any cost incurred for travel or meals. The Judge's Office
encourages the Assistant Judge to attend courses offered in the Dallas/ Fort
Worth area.
(f) MAXIMUM DAILY BILLING -- A maximum of eight (8) hours,
cumulative of all categories, maybe worked in a single day, absent approval
of the Presiding Judge. For purposes of this provision, a day begins at 12:00
a.m, and ends at 11:59 p.m.
3. The Assistant Judge agrees as follows:
The Assistant Judge agrees to render services at the aforementioned compensation
terms. The Assistant Judge is responsible for maintaining accurate and complete
time records, setting forth the date, description of services rendered, the time
incurred in rendering such services, and the total time billed to City. Such time
records shall be submitted to the Municipal Judge or the Judicial Coordinator for
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EXHIBIT C
review on a bi-weekly basis, and on the same date as required for City personnel
payroll. Payment will be processed and paid in accordance with the City's payroll
schedule. No additional benefits beyond the stated hourly compensation or
specified expense reimbursement will be provided.
The Assistant Judge will receive docket assignments and work schedules within the
sole discretion of the Presiding Municipal Judge or his or her designee. The
Assistant Judge shall have no set work hours, assigned dockets or duties other than
as directed by the Presiding Municipal Judge or designee. The Assistant Judge is
given no assurances as to minimum hours, work assignments or specific dockets
and understands that all such work assignments are subject to change to
accommodate the needs of the Court. The Assistant Judge shall be available to
perform and shall perform if directed, the duties of the position, subject only to
reasonable notice.
The Assistant Judge must attend and complete any annual mandatory judicial
education or other minimum judicial training as required by the State of Texas
within the time periods as established by law. The Assistant Judge must maintain
membership and licensure with the State Bar of Texas and pay all membership fees
or dues on an annual basis as required by such membership or licensure. The
Assistant Judge herein represents that such membership is in good standing and that
all fees and mandatory continuing education requirements have been met at the time
of this appointment.
4. The Assistant Judge shall not take on legal representation of a client if such
representation would conflict with the Texas Code of Judicial Ethics or the Texas
Rules of Professional Conduct. The Assistant Judge shall not take on representation
of a client adverse to the City of Denton. The Assistant Judge shall not represent a
client in a case where an employee of the City of Denton, in histhercapacity as an
employee of the City of Denton is a witness or may be summoned to appear as a
witness.
During the duration of this Contract, the Assistant Judge shall comply with all
provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of
the Texas Government Code and all other applicable laws pertaining to the
operation of the Denton Municipal Court of Record, and his duties as a Magistrate.
In the event of conflict between the terms of this Contract and said Code, Charter,
Statutes and laws, the terms of said Code, Charter, Statutes, and laws shall
govern.
6. The City herein acknowledges that the Assistant Judge may maintain a private law
practice and may perform outside legal services so long as such legal servicesdo
not conflict with the Texas Code of Judicial Ethics or the Teams Rules of
Professional Conduct. The City authorizes Assistant Judge to make use ofthe City's
local phone system, computer, printer, copier, and fax machine, or the like, provided
that Assistant Judge must reimburse to the City for any actual costsinvolved in these
and other permitted uses of City property_
7. The City further acknowledges that the Assistant Judge may perform judicial or
magisterial functions as a judge or magistrate for another city, county, or state
agency, so long as the performance of such duties do not conflict with the duties
Assistant Municipal Judges Contract for Services Page 3 of 5
EXHIBIT C
of the office of municipal judge for the City of Denton. The City therefore FINDS
that the performance of such duties or holding of any other such office is of benefit
to the state of Texas, and consequently there is no conflict with the duties of this
office.
8. The Assistant Judge shall at all times serve at the pleasure of the Council, and may
be removed from office upon a 30 -day notice. City may also remove the Assistant
Judge from office during their term of office pursuant to and In accordance with
the requirement of §30.000095 of the Texas Government Code, or its successor, as
same may hereafter be amended.
9. During the term ofthis Contract, Assistant Judge agrees that the Presiding Judge of
the Denton Municipal Court has sole and absolute discretion in the assignment of
compensable duties under this Contract, and that Assistant Judge has sole and
absolute discretion to decline any such assignment upon reasonable prior notice.
10. The Assistant Judge may terminate this Contract by providing written notice of
resignation not less than 30 days prior to date of termination.
11. The parties intend this statement of their agreement to constitute the complete,
exclusive. and fully integrated statement of their agreement. As such, it is the sole
expression of their agreement, and they are not bound by any other agreements of
whatsoever kind or nature.
This Contract represents the entire and integrated Contract between City and the
Assistant Judge, and supersedes all prior negotiations and representations and/or Contracts
either written or oral. This Contract may be amended only by written instrument signed
by both the City and the Assistant Judge. The Assistant Judge further states that they have
carefully read the foregoing Contract, and understands the contents thereof, and signs the
same as their own free act.
IN WITNESS WHEREOF, City has caused this Contract to be signed in its name
by Gerard Hudspeth. Mayor, and its corporate seal to be hereunto affixed and attested by
its City Secretary, and the Assistant Judge has hereunto set his or her hand and seal the day
and year first above written.
CITY OF DENTON, TEXAS
GERARD HUUSPETH, MAYOR
ASSISTANT JUDGE:
M R E: RI Y LAF'it R,*V
Assistant Municipal .fudges Contract for Services Page 4 of 5
EXHIBIT C
ATTEST:
OF
ROSA RIOS, CITY SECRETARY
CITY OF DENTON
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APPROVED AS TO LEGAL FORM: '�., FN'•••......•••' .��
MACK REE WAND, CITY ATT
BY:
1
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