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22-2008ORDiNANCE NO. 22-2008 AN ORDNANCE OF THE CITY OF DENrON APPROVUqG A ONE Tna LUMP SUMMRIT PAYMEVr FOR MUNICEPAL COURT PRESiDnqG JUDGE TYLER ATKINSON pRESEDING JUDGE); APPROVEqG A TmRD AMENDED COMPENSATIONAGREEMEVr FOR Tm PRESDnVG JUDGE UNDER TIDE REVEEW PROVISION OF USCURRENt AGREEMBNr wmi THE CITY; AMENDING THE CURRENr AGREEMENrTO AtrrHORIZE TrUE PRESEDngG JUDGE TO PERFORM MAGISTRATE DUrHES FORDENTON COU}WY AND TO PROVIDE FOR AN INCREASE IN SEVERANCE PAY,SALARY, AND CAR ALLOWANCE; AuiHORizrNG TIU E)@ENDITURE OF FUNDS;AND PROviDnqG AN EFFECTrVE DATE WHEREAS, on July 13, 2020, the City Council appointed, and approved an agreement with, Tyler Atkinson as the Presiding Municipal Judge of the City of Denton by Ordinance No 20-1253; and WHEREAS, on November 10, 2020, the City Council approved a first amendment to the agreement to provide additional compensation for after-hours warrant service in Ordinance No. 20-23 10; and WHEREAS, on August 17, 2021, the City Council approved a Second Amended Agreement (“Second Amended Agreement”) with Tyler Atkinson as the Presiding Mwlicipal Judge of the City of Denton by Ordinance No. 21-1781; and WHEREAS, the City Council and the Presiding Judge desire to enter into a Third Amended Compensation Agreement to amend the provisions of the Compensation Agreement; and WHEREAS, the City Council and Presiding Judge desire to amend Section 4, Salary, of the Agreement to be titled Salary and Contract Rate for Additional Duties to increase the annual b©e sdary to one hundred urd forty eight thousand seven hundred and twenty dollars ($148,720)effective October 1, 2022, and to add automatic amendment provisions that would allow cost of living adjustments on dre same basis as full-time non-civil service employees beginning with fiscal year 2023.2024; and WHEREAS, the City Council and Presiding Judge desire to amend Section 3, Separation, to be titled Separation and Severance Pay to provide for a severance payment in an amount not toexceed twelve month’s base salary effective October 1, 2022; and WHEREAS, the City Council and Presiding Judge desire to amend Section 6. Hours of Work to be titled Hours of Work and Outside Employment to expressly authorize the Presiding Judge to perform Denton County magistrate duties for Denton County at times and in a manner which will not in any way interfere with the performance of, or the Appointee's availability for the performance of, the Prwiding Judge’s dutia for the City of Denton; and WHEREASl ae City Council and Presiding Judge desire to amend Section 7, Automobile, of the Agreement to increase the amount to seven thousand two hundred dollars ($7,200) annualIY,effective October 1, 2022; and WHEREAS, the City Council desires to award a one-time lump sum merit payment pursllant to the review provision of the Presiding Judge’s employment agreement, and in accordance with the merit payments provided for by City Council to other non-civil serviceemployees; and WHEREAS, the City Council finds that approval of the Third Amended Agreement, which is attached hereto as Exhibit 1 and incorporated by reference, is in the best interest of the City ofDenton; NOW, THEREFORE, THE COUNCDL OF THE CIU 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 one-time lump sum merit payment in the amount of two thousand nine hundred seventy four dollars and forty cents ($2,974.40). SECTION 3. The City Council hereby approves a third amendment entitled “Third Amended Compensation Agreement” with the Municipal Court Presiding Judge Tyler Atkinson,said agreement attached hereto as Exhibit 1 and incorporated herein by reference, and authorizes the Mayor to execute the Amendment, SECTION 4 The City expenditures provided for in this Agreement are hereby authorized. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. =en"doRggroER ifo:dn~"ew” n'”de \h, ,,IL n„d ,.d ,,=t:following vote [J - m : Nay Abstain Absent Gerard Hudspeth, Mayor:L \J ,J ..J Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4:\J I a Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: 2 PASSED AND APPROVED this the tSb d,y of A£oye,rnb'(J 2022. ArrEST: b\\\1111111f 70 AMS gc APPROVED AS TO LEGAL FORM MACK REUqWAND, CITY ATrORNEY STATE OF TEXAS gCOUNIY OF DENtON 9 THIRD AMENDED COMPENSATION AGREEMENF Tbis Third Amended Employment Agreement (“ Agreement”), is made and entered into this Ist day of October 2022 by and between the City of Denton, Texas, a Texas municipalcorporation, hereinafter called “City,” and Tyler Atkinson, Denton Municipal Court Presiding Judge, (lrereinafter called (“Appointee” or “Prwiding Judge”) and agree as follows: WHEREAS, on July 13, 2020, the City Council appointed, and approved an agreement for compensation, including benefits (“Agreemart”) with, Tyler Atkinson as the Raiding MunicipalCourt Judge of the City of Denton by Ordinance No. 20- 1253; and WHEREAS, on November 10, 2020, the City Council approved a first amendment to the agreement to provide additional compensation for after-hours warrant service in Ordinance No.20-23 10; and WHEREAS, on August 17, 2021, the City Council approved a Second Amended Employment Agreemart (“Second Agr%mart“) with Tyler Atkinson as the 1+aiding MunicipalJudge of the City of Denton by Ordinance No. 21-1781; and WHEREAS, the City Council and the Presiding Judge desire to enter into an amended agreement entitled Third Amended Compensation Agreement to amend the provisions of the Agreement and Second Amended Agreement; 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; WHEREAS, the parties agree the appointment ordinance appointing Tyler Atkinson as the Presiding Judge from October 1, 2022 through September 30, 2024, was approved in accordancewith all applicable Texas constitutional and statutory requirements, and supersedes all previous ordinances appointing Tyler Atkinson as the Presiding Judge of the Denton Municipal Court. NOW. THEREFORE. in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. PREAh®LE AND DUrIES. A. All matters stated in the Preamble of this Tbird Amended Compensation Agreement are true and correct and are hereby incorporated into the body of this Contract as though fully set forth in their entirety B. City hereby engages the services of Tyler Atkinson as Presiding Judge of said City to perform the functions and duties specified by the Code of Judicial Conduct, the Denton City Charter) the City Code, Chapters 29 and 30 of the Texas (nvemment Code, the laws 4 of the State of Texas, and all other applicable laws, and to perform other legally permissible and proper duties and functions as City shall from time to time assign. Such duties includecourt sessions, workday ©raignments, in-house training, office hours, and other services of the Municipal Court Judge, including as a statutory magistrate, for the City of Denton. SECTION 2 TERM OF APPONrMEifr AND AGREENOE Ifr A. Praiding Judge has previously been appointed for a term, commencing on July 24, 2021, and ending on July 24, 2023 B. Presiding Judge on or before the date of execution of this Agreement has been appointed for two-year term, commencing on October 1, 2022, through September 30, 2024. C. Tbis Agreement shall commence on October 1, 2022, and expire at 11:59p.m. on September 30, 2024. D. This Agreement supersedes all previous agreements between the City of Denton and theAppointee. E. Notwithstanding the expiration date stated in Section 2.B. above, this Agreement shall immediately and automatically terminate upon the City Cowlcil’s action to remove Tyler Atkinson prior to the expiration of this Agreement, provided however, that Section 3shall survive such termination. F. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of City to terninate 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. G. 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 City, subject only to the provision set forth in Section 4, paragraph B, of this Agreement. H. Presiding Judge agrees not to accept or perform other work or employment, except asprovided in Section 6.C., nor to become employed by any other employer or as an independent contractor until this Agreement is terminated by either party as providedherein SECTION 3. SEPARATION AND SEVERANCE 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 City before expiration of the aforesaid term of his employment, then Presiding Judge shall give City 30 days’ notice in advance, unless the parties otherwise agree. 5 C. City must pay severance as described below to the Appointee when employment is involuntarily terminated during an appointment term without good cause, 1. City shall provide a minimum severance payment equal to all amounts then due and owing to the Appointee, plus twelve (12) month's salary at the then current rate of pay, less customary payroll deductions. This severance shall be paid in a lump sum or in a continuation of salary on the existing biweekly basis, at the Appointee’s option. 2. The Appointee shall also be compensated for all accrued vacation leave and sick leave. 3 . If Appointee elects to receive severance in a continuation of salary, insurance and otherbenefits and leave accruals set forth in Section 4 and Gontribution to retirement in accordance with Section 8 shall continue for the same period that salary is continued. 4.If Appointee elects to receive severance in a lump sum, the City agrees to make a contribution to the Appointee's deferred compensation account on the value of this compensation calculated using the then current annual salary of Appointee at the date of termination divided by two thousand and eighty (2080) hours. If the amount of thecontribution under this Section exceeds the limit under the Internal Revenue Code for a contribution to the Deferred Compensation plan, the remainder shall be paid to the Appointee in a lump sum as taxable compensation. 5 . If Appointee elects to receive severance in a lump sum, for a minimum period of oneyear following termination, the City shall pay the cost to continue the followingbenefits: a Insurance and other benefits for the Appointee and all dependents as provided in Section 4, after which time, Appointee will be provided access to health insurance pursuant to the Consolidated Omnibus Budget Reconciliation Act ("COBRA") or, if Appointee is eligible, as a retiree. b. Any other available benefIts to which the Appointee is entitled under thisAgreement. 6. If the Appointee is terminated for good cause, then the City is not obligated to pay severance under this section but may be required to recognize and pay benefits that have vested and to which Appointee is entitled under the City's personnel policies, statelaw or federal law. 7. For the purpose of this Agreement, involuntary termination or involuntary separationshall occur when a The majority of the governing body votes to terminate the Appointee at a properly posted and duly authorized meeting of the governing body. b. If the City, citizens or legislature acts to amend any provisions of the Charter pertaining to the role, powers, duties, authority, responsibilities of the Appointee’s 6 position that substantially changes the form of government or the duties of dre Appointee, the Appointee shall have the right to declare that such amendments constitute involuntary terrnination. C.If the City reduces the base salary, compensation or any other financial benefit of the Appointee, unless it is applied in no greater percentage than the average reduction of all employees, such action shall constitute a breach of this Agreement and will be regarded as a termination d. if the Appointee resigns at the request of the City, whether formal or informal, then the Appointee may declare an involuntary terminadon as of the date of Me request. D. For purposes of this Agreement the term "good cause" shall : 1. Be defined as follows: a Conviction of a class B or above misdemeanor, felony, or a crime of moral turpitude; or b. Knowingly faisifying records or documents related to the City's acdvities orEmployee’s dIlbW under this Agroemnlt; or C.Loss of license to practice law in the State of Texas, or d A public sanction for a violation of the Texas Code of Judicial Conduct. 2. Include the reasons for removal stated in the Texas Constitution Article V Section 1-a (6) and Local Government Code 21.025 E. For purposes of this section, a crime of moral turpitude means a criminal offense involving dishonesty or fraud such as theft; forgery, perjury; and bribery. SECTION 4. SALARY AND CONtRACT RATE FOR ADDmONAL DUIEES A City agrees to pay Presiding Judge for his services rendered pursuant hereto an annual basesalary of one hundred and forty eight thousand seven hundred and twenty dollars ($148,720.00), payable in installments in the same manner and at the same time as other employees of the City are paid. All provisions of the City Charter, City Code, Policies,Procedures and Administrative Directives, 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 otheremployees of the City, which benefIts include health insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits asprovided to other Council appointees of the City, including that the City will pay Appointee’s portion of the Texas Municipa] Retirement System contribution. 7 B. TTris Agreement shall be automatically amended to reflect a salary increase on the same basis as applied to cost of living adjustnrents provided to full-time non-civil service employees effective beginning with increases for fiscal year 2023-2024, C. The City Council may also deternine whether an increase in salary or contract rates is warranted based on annual performance review. D.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 duti® related to persons arr®ted by, and in the custody of the Denton Police Deparuuent. In addition to the annual base salary referarced herein, the Presiding Judge shall be paid Three Hundred Twenty-Five IX)IIars and No Cents ($325.00) for each day of service as designated or assigned “Jail Magistrate” when such sewiou are required on a Saturday, Swlday orholiday as designated by the City. E 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“ isdefined as all hours excluding 8:00 AM to 5:00 PM on Monday through Friday but including City-approved holidays, Saturdays, and Sundays. Travel time to and from courtshall not be included as billable time. SECTION 5. PERFORMANCE EVALUATION A.The Council shall review and evaluate the performance of the Presiding Judge at least onceannually 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 City. 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 detemine necessary for the proper operation of the City of DentonMunicipal Court, and in the attainment of the Cowlcil’s policy objectiv% 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 AND oursEDE EMPLOYME Ifr A It is recognized by both City 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 8 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 spurtby Presiding Judge in carTying 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 Prniding Judge’s use of personal time off during the performance evaluation. B. TIle Appointee will devote full time and effort to the performance of the Appointee's duties, and shall remain in the exclusive employ of the City during the term of this Agreement. C. Notwithstanding provision B. of this Section 6., Presiding Judge may perform Denton County magistrate duties for Denton County at times and in a manner which will not inany way interfere with the performance of, or the Appointee's availability for the performance of, the Appointee's duties hereunder. 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. City shall grant to the Praiding Judge a car allowance of SevenThousand Two Hundred Dollars and No Cents ($7,200.00) per year, payable monthly, 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 City also agrees to reimburse Presiding Judge for mileage for out-of-county travel associated with City business at the current IRS rate for mileagereimbursement in accordance with the then current City Travel Reimbursement Policy for City employees with car allowances SECTION 8. RETEREME Ifr A. City agr0% to pay the percaltageofthe cost ofPrniding Judge’s participation in the TMRSretirement program, in accordance with City’s current policy for other City employees, except that the City will pay Appointee’s portion of the Texas Municipal Retirement System contribution B City agrees to execute all necessary agreements provided by MissionSquare Retirement (formerly ICMA-RC and hereinafter referred to MSR) for Pr®iding Judge’s participationin said MSR retirement plans. City further agrees to contribute 6% of Presiding Judge’s annual base salary to MSR's 457 plan. All sums contributed to said plans shall be in addition to Presiding Judge’s base salary. City 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. C 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 City’s currwIt 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 9 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, MEMBERS IIPS AND suBSCRi7rioNS. City agrees to budget and to pay for the profwsional dues, memberships, and subscriptions of Presiding Judge necessary for his continuation of full participation in national, regional, state andlocal associations and organizations necessary and desirable for his continued professional participation, growth and advancement as Presiding Judge, and for the good of the City in amounts that are approved by the City Council in the annual budget for the City’s Mwicipal Court Judge –Administration. SECTION 10. PROFESSIONAL DEVELOPMEvr City 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 City, including such national, regional, state and local groups and committees thereof which Presiding Judge ser\ru as a member in the amounts approved by the City Council in the annual budget for the City’s Municipal Court Judge - Administration. SECTION 1 1. BONDnqG City 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, 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 inconsistentwith or in conflict \via the provisions of this Agreement, the City Charter, Chapter 30 ofthe Texas Government Code, or any other law, and are memorialized by a written amendment to this Agreement. All provisions bfb City Charter'and Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holiday, and otherfringe 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 City, in additionto said benefits enumerated specifically for the benefit of Presiding Judge. B 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. 10 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. TIle venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 14. APPROPRIATIONS The City has appropriated, set aside and encumbered, and does hereby appropriate, set aside, and encumber available and unappropriated frmds 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 15. EFFECTIVE DATE This Agreement shall take effect on October 1, 2022. IN wrrNESS WHEREOF, the Mayor as duly authorized by the City Council and on behalf of theCity 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 Z>..',GERARD HUDSPETH, MAYOR ArrEST:,\\\1111111D l©••a BY: crrY SECRETARYROSA RIOS APPROVED AS TO LEGAL FORM:MACK RERfW AND, crrY ATrORNEY Ivr ONF/111111\\