23-1137FILE REFERENCE FORM mEl
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ORDINANCE NO. 23_1137
AN ORD[NANCE OF THE CITY OF DENTON APPROV[NG A FOURTH AMENDMENT TOTHE CURRENT COMPENSATION AGREEMENT OF THE PRESIDING JUDGE TOAUTHORIZE OUTSIDE EMPLOYMENT AS AN ADJUNCT PROFESSOR; ANDPROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 15, 2022, the City Council approved a Third Amended
Compensation Agreement with Tyler Atkinson as the Presiding Municipal Judge for the City of
Denton by Ordinance No. 22-2008 with the terms and conditions of his employment; and
WHEREAS, Section 6.B. of the Agreement states that the 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 terms of this Agreement; and
WHEREAS, the City Council and Presiding Judge desire to amend Section 6.C. to
expressly authorize the Presiding Judge to serve as an Adjunct Professor for Texas Wesleyan
University 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 Presiding Judge’s duties for the City of
Denton; and
WHEREAS, the City Council finds that approval of the Fourth Amended Agreement,
which is attached hereto as Exhibit 1 and incorporated by reference, is in the best interest of the
City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA[NS:
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 fourth amendment entitled “Fourth
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 3. The City expenditures provided for in this Agreement are hereby authorized.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
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Aye
32
IZ
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Nleltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee,
At Large Place 5 :
Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the al h daY of J.,„., 2023.
ATTEST:
fr Y SECRETARY
APPROVED AS TO LEGAL FORM:
Digitally signed by SusanSusan Ke IIe r Et::r2023.06.09 01 :07:41BY. -05'oo'MACK REINWAND, CITY ATTORNEY
STATE OF TEXAS §
COUNTY OF DENTON §
FOURTH AMENDED COMPENSATION AGREEMENT
This Fourth Amended Employment Agreement (“Agreement”), is made and entered into
this 27th day of June 2023 by and between the City of Denton, Texas, a Texas municipal
corporation, hereinafter called “City,” and Tyler Atkinson, Denton Municipal Court Presiding
Judge, (hereinafter called (“Appointee” or “Presiding Judge”) and agree as follows:
WHEREAS, on July 13, 2020, the City Council appointed, and approved an agreement for
compensation, including benefits (“Agreement”) with, Tyler Atkinson as the Presiding Municipal
Court 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 Agreement (“Second Agreement”) with Tyler Atkinson as the Presiding Municipal
Judge of the City of Denton by Ordinance No. 21-1781 ; and
WHEREAS, on November 15, 2022, the City Council approved a Third Amended
Compensation Agreement (“Third Agreement”) with Tyler Atkinson as the Presiding Municipal
Judge of the City of Denton by Ordinance No. 22-2008; and
WHEREAS, the City Council and the Presiding Judge desire to enter into an amended
agreement entitled Fourth Amended Compensation Agreement to amend the provisions of the
Agreement and Third 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 accordance
with 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. PREAMBLE AND DUTIES
A. All matters stated in the Preamble of this Fourth 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.
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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 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 City 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, including as a statutory magistrate, for the City of Denton.
SECTION 2. TERM OF APPOINTMENT AND AGREEMENT
A. Presiding 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. This 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 the
Appointee.
E. Notwithstanding the expiration date stated in Section 2.B. above, this Agreement shall
immediately and automatically terminate upon the City Council’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 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.
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 as
provided 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 provided
herein
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.
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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.
C. City must pay severance as described below to the Appointee when employment is
involuntarily terminated during an appointment termwithout 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 saiar)' 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 contribution 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 this
Agreement.
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 separation
shall occur when:
a. The majority of the governing body votes to terminate the Appointee at a properly
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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
position that substantially changes the form of government or the duties of the
Appointee, the Appointee shall have the right to declare that such amendments
constitute involuntary termination.
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 termination as of the date of the
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 falsifying records or documents related to the City’s activities or
Employee’s duties under this Agreement; 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 ADDITIONAL DUTIES
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 other
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employees of the City, which benefits include health insurance, long-term disabilityinsurance, retirement under the Texas Municipal Retirement System, and other benefits as
provided to other Council appointees of the City, including that the City will payAppointee’s portion of the Texas Municipal Retirement System contribution.
B. This Agreement shall be automatically amended to reflect a salary increase on the same
basis as applied to cost of living adjustments provided to full-time non-civil service
employees effective beginning with increases for fiscal year 2023-2024.
C. The City Council may also determine 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, maybe 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 orassigned “Jail Magistrate” when such services are required on a Saturday, Sunday 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 additionalportions 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 court
shall 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 once
annually during the time set aside each year for the performance review of other Councilappointees. 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 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 AND OUTSIDE EMPLOYMENT
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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
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 partiesagree 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
B. The 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 and serve as an Adjunct Professor for Texas
Wesleyan University 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 Appointee’sduties 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 Presiding Judge a car allowance of Seven
Thousand Two Hundred Dollars and No Cents ($7,200.00) per year, payable monthly, forproviding 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 mileage
reimbursement in accordance with the then current City Travel Reimbursement Policy for City
employees with car allowances.
SECTION 8. RETIREMENT
A. City agrees to pay the percentage of the cost of Presiding Judge’s participation in the TMRS
retirement 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 Presiding Judge’s participation
in said MSR retirement plans. City further agrees to contribute 6% of Presiding Judge’sannual 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 tocontribute whatever portion of his base salary he may deem appropriate to said plan,
including “catch-up” provisions.
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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 Judgein accordance with City’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.
City agrees to budget and to pay for the professional dues, memberships, and subscriptions ofPresiding 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 City 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
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 andcommittees 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
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 inconsistent
with or in conflict with 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.
B.All provisions of the City Charter and Code, and regulations and rules of the City relatingto 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 City, in addition
to said benefits enumerated specifically for the benefit of Presiding Judge.
SECTION 13. GENERAL PROVISIONS
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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 heldunconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portionthereof, shall be deemed several, shall not be affected and shall remain in force and effect.
D. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
SECTION 14. APPROPRIATIONS
The City 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 15. EFFECTIVE DATE
The term, commencement date, and expiration date of this Fourth Amended Agreement is as stated
in Section 2.C. The effective date of this Fourth Amended Agreement is June 27, 2023 .
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
A#// ~GERARD HUDSPETH MAYOR9
ATTEST:
\\\ tIlj111111
JESUS S CITY SECRETAR
APPROVED AS TO LEGAL FORM:
MACK RE[NWAND, CITY ATTORNEY
By: Susan Keller g:IFli,'iT,',Tg,% egg?f, E! i'“
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ATKINsoSIDING IUDGE
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