2005-339
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ORDINANCE NO. 2005- 33q
AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY
OF DENTON AND ROBIN A. RAMSAY AS THE PRESIDING JUDGE OF THE CITY OF
DENTON MUNICIPAL COURT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton desires to enter into an Employment Agreement with
Robin A. Ramsay ("Ramsay") as the Presiding Judge of the City of Denton Municipal Court, in
substantially the same form as the agreement attached hereto and made a part hereof as Exhibit
"A", to take effect on January 1,2006 (the "Agreement"); and
WHEREAS, the City Council finds that the Agreement is in the public interest; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON, TEXAS 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 the Agreement and authorizes the City
Mayor, or her designee to execute the Agreement on behalf of the City.
SECTION 3. The City expenditures provided for in the Agreement are hereby
authorized.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the e-f'h day of 1 hllj~ ,2005.
c~AcL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CI Y SECRETARY
BY:
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Exhibit A
STATE OF TEXAS ~
COUNTY OF DENTON ~
Employment Agreement
This Agreement, made and entered into effective the 1st day of January, 2006 by and between
the City of Denton, Texas, a Texas municipal corporation, hereinafter called "Employer", and
Robin A. Ramsay, hereinafter called "Presiding Judge", both of whom agree as follows:
Witnesseth:
Whereas, Employer desires to re-appoint and continue the employment of the services of said
Robin A. Ramsay as Presiding Judge of the City of Denton Municipal Court, and
Whereas, it is the desire of Employer to (I) secure and retain the services of Presiding Judge and
to provide inducement for him to remain in such employment, (2) to make possible full work
productivity by assuring Presiding Judge's morale and peace of mind with respect to future
security, and (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the
part of the Presiding Judge; and
Whereas, Presiding Judge desires to accept continued 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 mutu~l covenants herein contained, the parties agree as
follows:
SECTION I.
DUTIES
Employer hereby engages the employment services of Robin A. Ramsay as Presiding Judge of
said Employer to perform the functions and duties specified by the Code of Judicial Conduct, the
Denton City Charter, the City Code, Chapter 30 of the Texas Government Code, the laws of the
State of Texas, and all other applicable laws, and to perform other legally permissible and proper
duties and functions as Employer shall from time to time assign. Such duties include court
sessions, workday arraignments, in-house training, office hours, and other services of the
Municipal Court Judge (or Statutory Magistrate) for the City of Denton.
SECTION 2.
TERM
A. Presiding Judge shall be re-appointed for a term of two years commencing on January 1,
2006 and ending on December 31,2007. Nothing in this Agreement shall prevent, limit
or otherwise interfere with the right of Employer to terminate the services of Presiding
Judge at any time, subject only to the provisions set forth in Section 4, paragraphs A and
B of this Agreement.
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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 C, of this Agreement.
C. Presiding Judge shall continue in the duties of Presiding Judge on January I, 2006, and
agrees to remain in the employ of Employer until December 31, 2007, and except as
provided herein, neither to accept other employment nor to become employed by any
other employer until this Agreement is terminated by either party as provided herein.
The term "employed" shall not be construed to include those outside activities approved
in accordance with Section 8 hereof.
SECTION 3.
SUSPENSION/REMOV AL
Subject to the provisions of Section 4 below, Employer may suspend or remove the Presiding
Judge with or without full pay and benefits at any time during the term of this Agreement, but
only if:
A. Employer and Presiding Judge agree, or
B. At least 30 days before the suspension or removal shall become effective, the City
Council shall by a majority vote of its members adopt a preliminary resolution stating
the reasons for his removal. The reasons for removal shall be in accordance with
Section 30.000085 of the Texas Goverrunent Code, as amended (the "Reasons for
Removal"). Presiding Judge may reply in writing and may require a hearing at a
public meeting of the Council, which shall be held not earlier than 20 days nor later
than 30 days after the filing of such request. The hearing may be held in executive
session, at the option of the Council, unless Presiding Judge requests the hearing be
held in open session in accordance with Tex. Gov't Code 9551.074. Pending such
hearing, the Council may suspend Presiding Judge from duty, but may not suspend or
reduce his salary. After such hearing or public hearing, if one be requested, and after
full consideration, the Council by majority vote may adopt a final resolution of
removal or suspension.
SECTION 4.
SEPARATION AND SEVERANCE PAY
A. In the event of his separation as Presiding Judge under Subsection 3.A, he shall be
entitled to receive a lump sum payment equal to six months aggregated salary.
Severage pay is not due for removal under Subsection 3.B.
B. In the event Presiding Judge voluntarily resigns his position with Employer before
expiration of the aforesaid term of his employment, then Presiding Judge shall give
Employer 30 days notice in advance, unless the parties otherwise agree.
SECTION 5.
SALARY
A. Employer agrees to pay Presiding Judge for his services rendered pursuant hereto an
annual base salary of $93,087, payable in installments at the same time as other
employees of the Employer are paid. All provisions of the City Charter, City Code, and
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Rules and Regulations of the City adopted by the City Council relating to vacation and
sick leave, retirement and pension system contribution, holidays, and other fringe benefits
and working conditions as they now exist or hereafter may be amended, shall apply to
Presiding Judge as they would to other employees of the City, which benefits include
health insurance, long-term disability insurance, retirement under the Texas Municipal
Retirement System, and other benefits as provided to other Council appointees of the
City.
B. In addition, Employer agrees to increase said base salary and/or other benefits of
Presiding Judge in such amounts and to such extent as the Council may determine within
the approved budget that it is desirable to do so on the basis of an annual performance
review of said Presiding Judge made at the same time as similar consideration is given
other Council appointees.
C. In addition, to the annual base salary the Presiding Judge shall also be paid $165 per day
for the performance of magisterial duties for the City of Denton Municipal Jailor other
designated detention or holding facility for city prisoners, on both (i) officially designated
City of Denton Holidays, and (ii) on Saturdays and Sundays.
SECTION 6.
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. Annually, the Council and Presiding Judge shall define such goals and performance
objectives which they determine necessary for the proper operation of the City of Denton
Municipal Court, and in the attairunent 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 7.
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 the Presiding Judge's use of personal time off during the performance evaluation.
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SECTION 8.
OUTSIDE ACTIVITIES
Presiding Judge is entitled to devote whatever amount of time he feels is appropriate under the
circumstances to the pursuit of teaching, counseling, consulting, writing, private practice oflaw,
judging for other municipal courts, or other non-employer connected business outside of normal
business hours of the Employer, provided that this does not conflict or interfere with his duties of
the office of Presiding Judge as required by Chapter 30 of the Texas Goverrunent Code, and
provided that Presiding Judge first notifies the Council Appointee Performance Review
Committee that he intends to engage in such activity, including the amount of time he intends to
devote to this activity and his engagement in the activity is approved by the Chair of the
Committee.
SECTION 9.
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
$338 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 10.
RETIREMENT
A. 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 ICMA-RC retirement plans. Employer further
agrees to contribute 4% of Presiding Judge's annual base salary to ICMA-RC's 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. 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
executive-level employees.
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 sick leave, vacation leave, holidays, and other benefits then accrued or credited to the
Presiding Judge in accordance with Employer's current policies for compensation for
these benefits, and, at the Presiding Judge's option, shall be permitted to continue to
participate in the City's health insurance plan on the same basis as other retirees from the
City are permitted to do so, or, if such other retirees are not permitted to do so, at the
cost of the Presiding Judge.
SECTION I I.
DUES, MEMBERSHIPS AND SUBSCRIPTIONS
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Employer agrees to budget and to pay for the professional dues, memberships, and subscriptions
of Presiding Judge necessary for his continuation of full participation in national, regional, state
and local associations and organizations necessary and desirable for his continued professional
participation, growth and advancement as Presiding Judge, and for the good of the Employer in
amounts that are approved by the City Council in the annual budget for the City's Municipal
Court Judge - Administration.
SECTION 12.
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 13.
BONDING
Employer shall bear the full cost of any fidelity or other bonds that may be required of the
Presiding Judge under any law or ordinance.
SECTION 14.
OTHER TERMS AND CONDITIONS OF EMPLOYMENT
A. The City Council, upon recommendation of the Council Appointee Performance Review
Committee and in consultation with the Presiding Judge, shall fix any such other terms
and conditions of employment as it may determine from time to time, relating to the
performance of Presiding Judge, provided such terms and conditions are not inconsistent
with or in conflict with the provisions of this Agreement, the City Charter, Chapter 30 of
the Texas Government Code, or any other law, and are memorialized by a written
amendment to this Agreement.
B. All provisions of the City Charter and Code, and regulations and rules of the Employer
relating to vacation and sick leave, retirement and pension system contributions, holiday,
and other fringe benefits and working conditions as they now exist or hereafter may be
amended, also shall apply to Presiding Judge as they would to other employees of the
Employer in addition to said benefits cnumerated specifically for the benefit of Presiding
Judge.
SECTION 15.
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
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thereof, shall be deemed several, shall not be affected and shall remain in force and
effect.
D. The venue of any litigation involving this Agreement shall be in a court of competent
jurisdiction sitting in Denton County, Texas.
SECTION 16.
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.
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.
APP VED A TO LEGAL FO
EDWIN~. S~:;?~:ITY AT
BY: ~
2d::EB::LS
EULINE BROCK, MAYOR
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