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2004-021ORDINANCE NO. ,~¢-- O~ / AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING ROBIN A. RAMSAY AS PRESIDING JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING KIMBERLY CAWLEY McCARY AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING EARLEAN COBBIN MURPHY AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING GREGORY L. BERTRAND AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING JUDITHA LEE BERTRAND AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; APPOINTING ANN STEPHENS POSTON AS ASSISTANT JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD; ESTABLISHING TERMS OF OFFICE FOR MUNICIPAL JUDGES IN ACCORDANCE WITH APPLICABLE STATE STATUTES; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR TERM OF OFFICE; RATIFYING TERMS OF CONTRACT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING RETROACTIVE EFFECT 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 a Presiding Municipal Judge to preside over the judicial functions of the Municipal Court of Record for the City of Denton; and 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 a 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, Chapter 30 of the Texas Government Code requires that the Council shall establish two year Terms of Office; 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 HEREBY ORDAINS: SECTION 1. That ROBIN A. RAMSAY is appointed as the Presiding Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1st day of January, 2004 and continuing through December 31~t, 2006 or as further provided herein; SECTION 2. That KIMBERLY CAWLEY McCARY is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the Ist day of January, 2003 and continuing through December 31~t, 2005, or as further provided herein; SECTION 3. That EARLEAN COBBIN MURPHY is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and cont'muing through December 31s~, 2005, or as further provided herein; SECTION 4. That GREGORY L. BERTRAND is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1~t day of January, 2003 and continuing through December 31st, 2005, or as further provided herein; SECTION 5. That JUDITHA LEE BERTRAND is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1~t day of January, 2003 and continuing through December 31~t, 2005, or as further provided herein; SECTION 6. That ANN STEPHENS POSTON is hereby appointed as an Assistant Municipal Judge for the Municipal Court of Record for the City of Denton, Texas for a two (2) year Term of Office beginning on the 1st day of January, 2003 and continuing through December 31st, 2005, or as further provided herein; SECTION 7. That the City of Denton appoints and designates the aforementioned persons as municipal judges and magistrates for and under the laws of the State of Texas, with all the powers, rights and duties of said appointment for two (2) year Terms of Office. This appointment shall become effective from the dates indicated above and the City Council specifically authorizes and approves all actions taken by the Presiding Judge and Assistant Judges from and after the date of their appointment. Said Terms of Office shall be renewed and extended and said Judges shall be reappointed for successive terms of two (2) years, unless either the City or the Judge provides written notice of intent that said appointment and contract shall not be renewed at least thirty (30) days prior to the expiration of any such term of appointment. SECTION 8. The Mayor is herein authorized to execute on behalf of the City a Contract for Services with the Presiding Judge and each Assistant Judge, copies of which are attached hereto and fully incorporated herein, providing for the terms of employment and compensation for each municipal court judge. SECTION 9. Said Judges may be removed during their term of office for acts of official misconduct or as otherwise specifically provided under the Texas Local Government Code or Texas Government Code. That 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 a municipal court judge as appointed herein. SECTION 10. That the City finds in accordance with Sec. 574 of the Government Code that the Judge may hold the office of municipal judge for more than one municipality at the same time and that such is of benefit to the City and the State of Texas. SECTION 11. That if any section, subsection, paragraph, sentence, clause phrase or word in this ordinance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council for the City of Denton, Texas hereby declares that it would have enacted such remaining portions despite any such invalidity. SECTION 12. That this ordinance shall become effective as of the date of appointment above, and shall not affect the remainder of any terms of office for any of Judge referenced above. EXECUTED on the ~)~/~ day of ATTEST: J~iFER'~(VALTERS, Q.I~I*Y SECRETARY CIIaY OF DENTON ,200 ¢ APPROVED AS TO LEGAL FORM: C~ii~I~UTEN~,OCNITY A~NEY CONTRACT FOR SERVICES FOR PRESIDING MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this day of ~ ,f . z :] ~00 , by and between the C~ty of Denton, Texas, a Municipal Corporation of the State of Texas, hereinafter referred to as "City", and ROBIN A. RAMSAY, hereinafter referred to as "Presiding Judge". WITNESSETH: The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for the services of ROBIN A. RAMSAY (hereinafter referred to as "Presiding Judge") for an Term of Appointment of two (2) years, beginning on the 1st day of January, 2004, and continuing through midnight, December 31st, 2006. Thereafter, said Term of Appointment shall be automatically renewed and extended and said Presiding Judge shall be reappointed for successive terms of two (2) years each unless either The City or thc Presiding Judge provides written notice of intent that said appointment and contract shall not be renewed at least thirty (30) days prior to the expiration of any such term of appointment. The City of Denton therefore appoints and designates said Presiding 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 as well as all successive terms unless written notice of intent is given as provided herein. The Presiding Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms of this agreement. The Presiding Judge shall comply with all conditions and restrictions as set forth for municipal judges under all applicable state statutes and as required under thc Texas Code of Judicial Conduct. 2. The City shall compensate Presiding Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS, OTHER DUTIES OF THE PRESIDING MUNICIPAL JUDGE, OFFICE HOURS, COURT SESSION AND PREPARATION, IN- HOUSE TRAINING, JUDICIAL STAFF MEETINGS, AND MANDATORY JUDICIAL EDUCATION TRAINING - 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 on any days other than duties as magistrate for the purpose of jail arraignments on Saturdays, Sundays, or Presiding Municipal Judges Contract for Services Page 1 designated City holidays as specifically defined and designated below, the Presiding Judge shall be is entitled to receive a salary and other benefits as set by the governing body of the city, subject to applicable provisions of Chapter 30 of the Government Code, and shall be subject to evaluation each year by the governing body of the City each year. The Presiding Judge shall not be entitled to any other compensation fxom the City, other than that as set forth below for weekend and holiday jail magistrations. (b) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - The Presiding Judge may perform magisterial duties as he deems necessary and appropriate in his capaaity as judicial administrator, for and in the City of Denton Municipal Jail or other designated detention or holding facility for city prisoners on both (a) officially designated City of Denton Holidays as designated by official city calendar, and (b) on Weekends (being defmed as Saturday and Sundays). When performed on such weekends and holidays only, the Presiding Judge shall be compensated at a per diem rate of $165.00 per day as previously established under City policy. The Presiding Judge shall, on any suer designated weekends and holidays, perform all judicial and magisterial funetiuns necessary for the timely magistration and processing of prisoners held under the authority of the City of Denton Police Department, whether at City of Deuton facilities or at such other facilities with which the City may contract, and whether such would require one or multiple appearances on the same day of any such weekends or holidays. 3. The Presiding Judge and City agree as follows: The Presiding Judge agrees to render services at the aforementioned compensation terms. Payment will be processed and paid in accordance with the City's payroll schedule. The Presiding Judge shall devote as much time as necessary to perform the duties of the office as required by Chapter 30 of the Texas Government Code. The Presiding 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 Presiding Judge must ma'mta'm membership and licensure with the State Bar of Texas. City agrees to pay all membership fees or dues on an annual basis as required by such membership or licensure, as well as all professional dues and subscriptions pertinent thereto. The Presiding 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. Presiding Municipal Judges Contract for Services Page 2 The Presiding Judge shall not take on representation of a client if such representation would conflict with the Texas Code of Judicial Ethics or the Texas Rules of Professional Conduct. The Presiding Judge shall not take on representation of a client adverse to the City of Denton. The Presiding Judge shall not represent a client in a case where an employee of the City of Denton, in his/her capacity as an employee of the City of Denton is a witness or may be summoned to appear as a witness in such capacity. During the duration of this Contract, the Presiding Judge shall comply with all provisions of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter FF, 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, Statues and laws shall govern. The City herein acknowledges that the Presiding 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 acknowledges and agrees that it may be necessary for the Presiding Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City property is authorized, the Presiding Judge must provide reimbursement to the City for any actual costs involved in these and other uses of City property. The City further acknowledges that the Presiding 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 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 there is no conflict with the duties of this office. The City may remove the Presiding 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. The Presiding Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. This Contract represents the entire and integrated Contract between City and the Presiding 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 Presiding Judge. The Presiding Judge further Presiding Municipal Judges Contract for Services Page 3 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 Euline Brock, Mayor, and its corporate seal to be heretmto affixed and attested by its City Secretary, and the Presiding Judge has hereunto set his hand and seal the day and year first above written. PRESIDING JUDGE: CITY OF DENTON, TEXAS ATTEST: ~ ' JI~N:I~E I~VAL ~ gR~,-C~ TY-S ~C RE T ARY CI, YY OF DENTON APPROVED AS TO LEGAL FORM: I~ERB/PROUTY, cITY~T~--"~ CITY OF DENTON ~// Presiding Municipal Judges Contract for Services Page 4 CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this c~/f/~ day of (x~ff~, 200 , by and between the City of Denton, Texas, a Municipal Corporation o~the State of Texas, hereinafter referred to as "City", and GREGORY L. BERTRAND, hereinafter referred to as "Assistant Judge". WITNESSETH: The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for the services of GREGORY L. BERTRAND (hereinafter referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two (2) years, beginning on the 1st day of January, 2003, and continuing through midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT shall be automatically renewed and extended and said Assistant Judge shall be reappointed for successive terms of two (2) years each unless either The City or the Assistant Judge provides written notice of intent that said appointment and contract shall not be renewed at least Thirty (30) days prior to the expiration of any such term of appointment. 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 as well as all successive terms unless written notice of intent is given as provided herein. The Assistant Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms of this agreement. Conditions and restrictions as set forth for municipal judges as set forth under all applicable state statutes and as rcqnired under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS - 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 $30.00 per hour, with all portions of time over thirty (30) minutes billed as one (1) full hour. Travel time to and from the Court shall not be included as billable time. (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 Assistant Municipal Judges Contract for Services Page 1 required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When specifically assigned or designated by the Presiding Judge within his or her sole discretion, to perform 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 Saturday and Sundays), the Assistant Judge shall be compensated at a per diem rate of $165.00 per day. The Assistant Judge shall, on any such designated weekends and holidays, perform all judicial and magisterial functions necessary for the timely magistration and processing of city held prisoners, whether such would require one of multiple appearances on the same day of any such weekends or holidays. (d) IN-HOUSE TRAINING/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 $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The City shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. The City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 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 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 compensation will be provided. Assistant Municipal Judges Contract for Services Page 2 The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his 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. The Assistant Judge shall not take on 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 chent in a case where an employee of the City of Denton, in his/her capacity as an employee of the City of Denton is a wimess or may be summoned to appear as a wil~ess. 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, Subchapter FF, 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, Statues and laws shall govern. 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 acknowledges that it may be necessary for the Assistant Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City property is authorized, the Assistant Judge must provide reimbursement to the City for any actual costs involved in these and other permitted uses of City property. The City further acknowledges that the Assistant Judge may perform judicial or magisterial fimctions 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 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 there is no conflict with the duties of this office. The City may 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. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. 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 instnunent 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 Euline Brock, Mayor, and its corporate seal to be heretmto 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. ASSISTANT~L~(//~/ ATTEST: CITY OF DENTON, TEX~f"~ F DENTON APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY A~t~RNEY CITY OF DENTON '~ Assistant Municipal Judges Contract for Services Page 4 CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE ~- ~_ 200 ~ , by and between the City of Denton, Texas, a Municipal Corporation of'the State of Texas, hereinafter referred to as "City", and JUDITItA LEE BERTRAND, hereinafter referred to as "Assistant Judge". WlTNESSETH: The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for the services of JUDITHA LEE BERTRAND (hereinafter referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two (2) years, beginning on the 1st day of January, 2003, and continuing through midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT shall be automatically renewed and extended and said Assistant Judge shall be reappointed for successive terms of two (2) years each unless either The City or the Assistant Judge provides written notice of intent that said appointment and contract shall not be renewed at least Thirty (30) days prior to the expiration of any such term of appointment. 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 as well as all successive terms unless written notice of intent is given as provided herein. The Assistant Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms of this agreement. Conditions and restrictions as set forth for municipal judges as set forth under all applicable state statutes and as required under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS - 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 $30.00 per hour, with all portions of time over thirty (30) minutes billed as one (1) full hour. Travel time to and from the Court shall not be included as billable time. (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 Assistant Municipal Judges Contract for Services Page 1 required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) WEEKEND AND HOLIDAY JAil, MAGISTRATIONS - When specifically assigned or designated by the Presiding Judge within his or her sole discretion, to perform 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 Co) on Weekends (being defined as Saturday and Sundays), the Assistant Judge shall be compensated at a per diem rate of $165.00 per day. The Assistant Judge shall, on any such designated weekends and holidays, perform all judicial and magisterial functions necessary for the timely magistration and processing of city held prisoners, whether such would require one of multiple appearances on the same day of any such weekends or holidays. (d) IN-HOUSE TRAINING/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 $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The City shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. The City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 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 fane records shall be submitted to the Municipal Judge or the Judicial Coord'mator for 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 compensation will be provided. Assistant Municipal Judges Contract for Services Page 2 The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his 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. The Assistant Judge shall not take on 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 his/her capacity 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, Subchapter FF, 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, Statues and laws shall govern. The City herein acknowledges that the Assistant Judge may maintim 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 acknowledges that it may be necessary for the Assistant Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City property is authorized, the Assistant Judge must provide reimbursement to the City for any actual costs involved in these and other permitted uses of City property. 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 the office of mtmicipal 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 there is no conflict with the duties of this office. The City may 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. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. 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 Euline Brock, 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. ASSISTANT JUDGE: ATTEST: CITY OF DENTON, TEXAS JE FER' w TERS, CITY SE~.ETARY CITY OF DENTON APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ~w_~rORNEY CITY OF DENTON Assistant Municipal Judges Contract for Services Page 4 CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this ~f~/~ day of ~L/.~z2A..(/~, ~ of ~he 200 ~ , by ~d be~een ~e Ci~ of Denton, Texas, a Mmcipal Co~oration State of Text, hereina~er refe~ed to as "Ci~", ~d ~E~Y CAGEY McCOY, here~a~er refe~ed to as "Assistant Judge". ~TNESSETH: The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for thc services of KIMBERLY CAWLEY McCARY (hereinafter referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two (2) years, beginning on the 1st day of January, 2003, and continuing through midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT shall be automatically renewed and extended and said Assistant Judge shall be reappointed for successive terms of two (2) years each unless either The City or thc Assistant Judge provides written notice of intent that said appointment and contract shall not bc renewed at least Thirty (30) days prior to the expiration of any such term of appointment. 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 as well as all successive terms unless written notice of intent is given as provided herein. The Assistant Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all thc terms of this agreement. Conditions and restrictions as set forth for municipal judges as set forth under all applicable state statutes and as required under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS - 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 $30.00 per hour, with all portions of time over thirty (30) minutes billed as one (1) full hour. Travel time to and from the Court shall not be included as billable time. 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 Assistant Municipal Judges Contract for Services Page 1 required for the completion of any paper work, document preparafion, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When specifically assigned or designated by the Presid'mg Judge within his or her sole discretion, to perform 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 Saturday and Sundays), the Assistant Judge shall be compensated at a per diem rate of $165.00 per day. The Assistant Judge shall, on any such designated weekends and holidays, perform all judicial and magisterial functions necessary for the timely magistrafion and processing of city held prisoners, whether such would require one of multiple appearances on the same day of any such weekends or holidays. (d) IN-HOUSE TRAINING/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 $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The City shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. The City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 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 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 compensation will be provided. Assistant Municipal Judges Contract for Services Page 2 The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his 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. The Assistant Judge shall not take on 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 his/her capacity 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, Subchapter FF, 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, Statues and laws shall govern. 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 acknowledges that it may be necessary for the Assistant Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City property is authorized, the Assistant Judge must provide reimbursement to the City for any actual costs involved in these and other permitted uses of City property. The City further acknowledges that the Assistant Judge may perform judicial or magisterial fimctions 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 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 there is no conflict with the duties of this office. The City may remove the Assistant Judge fi:om 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. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. 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 Euline Brock, 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. ASSISTANT JUDGE: CITY OF DENTON, TEXAS KIMBERLY CAWLEY McCARY OR (~&ATTEST: -~' ,~-~ [D~ I~ JEN~FER W~LTERS, CITY SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM: CITY OF DENTON Assistant Municipal Judges Contract for Services Page 4 CONTILatCT FOR SER¥ICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this d/9/t~ day ! F // 200 Zlt , by and between the City of Denton, Texas, a Municipal Corporation o{the State of Texas, hereinafter referred to as "City", and EARLEAN COBBIN MURPHY, hereinafter referred to as "Assistant Judge". WITNESSETH: The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for thc services of EARLEAN COBBIN M1JRPHY (hereinafter referred to as "Assistant Judge") for an TERlVI of APPOINTMENT of Two (2) years, beginning on the 1st day of January, 2003, and continuing through midnight, December 31st, 2005. Thereafter, said TERM of APPOINTMENT shall be automatically renewed and extended and said Assistant Judge shall bc reappointed for successive terms of two (2) years each unless either The City or the Assistant Judge provides written notice of intent that said appointment and contract shall not be renewed at least Thirty (30) days prior to the expiration of any such term of appointment. Thc 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 as well as all successive terms unless written notice of intent is given as provided herein. The Assistant Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms of this agreement. Conditions and restrictions as set forth for municipal judges as set forth under all applicable state statutes and as required under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WO~AY JAIL 1VIAGISTRATIONS - 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 $30.00 per hour, with all portions of time over thirty (30) minutes billed as one (1) full hour. Travel time to and from the Court shall not be included as billable time. (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 Assistant Municipal Judges Contract for Services Page 1 required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) WEEKEND AND HOLIDAY JAIL MAGISTRATIONS - When specifically assigned or designated by the Presiding Judge within his or her sole discretion, to perform 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 Saturday and Sundays), the Assistant Judge shall be compensated at a per diem rate of $165.00 per day. The Assistant Judge shall, on any such designated weekends and holidays, perform all judicial and magisterial functions necessary for the timely magistration and processing of city held prisoners, whether such would require one of multiple appearances on the same day of any such weekends or holidays. (d) IN-HOUSE TRAINING/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 $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The City shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. The City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 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 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 compensation will be provided. Assistant Municipal Judges Contract for Services Page 2 The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his 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. The Assistant Judge shall not take on 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 chent in a case where an employee of the City of Denton, in his/her capacity 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, Subchapter FF, 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, Statues and laws shall govern. 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 acknowledges that it may be necessary for the Assistant Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City property is authorized, the Assistant Judge must provide reimbursement to the City for any actual costs involved in these and other permitted uses of City property. 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 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 there is no conflict with the duties of this office. The City may 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. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. 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 Euline Brock, 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. ASSISTANT JUDGE: E EAN CO BiN atan, / ATTEST: JE~ ~J~iERS, CITY SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY A~RNEY CITY OF DENTON CITY OF DENTON, TEXAS By: ~YOR Assistant Municipal Judges Contract for Services Page 4 CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered into this ~ day of~,/%'' ,! 200 t/ , by and between the City of Denton, Texas, a Municipal CorPoration o[~ the State of Texas, hereinafter referred to as "City", and ANN STEPHENS POSTON, hereinafter referred to as "Assistant Judge". WlTNESSETH: The City of Denton (hereinafter referred to as "City") does hereby APPOINT and contract for the services of ANN STEPHENS POSTON (hereinafter referred to as "Assistant Judge") for an TERM of APPOINTMENT of Two (2) years, beginning on the 1st day of January, 2003, and continuing through midnight, December 31st, 2005. Thereafter, said TERM of APPOiNTMENT shall be automatically renewed and extended and said Assistant Judge shall be reappointed for successive terms of two (2) years each unless either The City or thc Assistant Judge provides written notice of intent that said appointment and contract shall not be renewed at least Thirty (30) days prior to the expiration of any such term of appointment. 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 as well as all successive terms unless written notice of intent is given as provided herein. The Assistant Judge shall comply with all requirements of law and must perform all duties as required by law and comply with all the terms of this agreement. Conditions and restrictions as set forth for municipal judges as set forth under all applicable state statutes and as required under the Texas Code of Judicial Conduct. 2. The City shall compensate Assistant Judge as follows: (a) COURT SESSIONS AND WORKDAY JAIL MAGISTRATIONS - 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 $30.00 per hour, with all portions of time over thirty (30) minutes billed as one (1) full hour. Travel time to and from the Court shall not be included as billable time. (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 Assistant Municipal Judges Contract for Services Page 1 required for the completion of any paper work, document preparation, or warrant execution shall be billed at $30.00 per hour, with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the Court shall not be included as billable time. (c) W3EEKEND AND HOLIDAY JAIL MAGISTRATIONS - When specifically assigned or designated by the Presiding Judge within his or her sole discretion, to perform magisterial duties in thc 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 Saturday and Sundays), the Assistant Judge shall be compensated at a per diem rate of $165.00 per day. The Assistant Judge shall, on any such designated weekends and holidays, perform all judicial and magisterial fimcfions necessary for the timely magistratinn and processing of city held prisoners, whether such would require one of multiple appearances on the same day of any such weekends or holidays. (d) IN-HOUSE TRAINING/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 $30.00 per hour with time over thirty (30) minutes billed as one (1) hour. Travel time to and from the meeting place shall not be included as billable time. (e) MANDATORY JUDICIAL EDUCATION TRAINING - The City shall further compensate the Assistant Judge for any actual time expended or class hours spent in actual attendance at mandatory judicial training as required by state law and such time shall be billed at $30.00 per hour with time over thirty (30) minutes billed as one (I) hour. The City shall reimburse or pre-pay the travel, meals and registration costs, in accordance with the City's Travel Reimbursement Policy, incurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course established by the Texas Municipal Courts Education Center. 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 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 compensation will be provided. Assistant Municipal Judges Contract for Services Page 2 The Assistant Judge will receive docket assignments and work schedules within the sole discretion of the Municipal Judge or his 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 stand'rog and that all fees and mandatory continuing education requirements have been met at the time of this appointment. The Assistant Judge shall not take on 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 his/her capacity 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, Subchapter FF, 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, Statues and laws shall govern. 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 acknowledges that it may be necessary for the Assistant Judge to make use of the City's local phone system, computer, printer, copier, and fax machine, or the like. While this use of City property is authorized, the Assistant Judge must provide reimbursement to the City for any actual costs involved in these and other permitted uses of City property. 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 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 there is no conflict with the duties of this office. The City may 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. The Assistant Judge may terminate this Contract by providing written notice of resignation not less than 30 days prior to date of termination. 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 Euline Brock, 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. ASSISTANT JUDGE: ANN STEPHENS POSTON ATTEST: JEN~IFE~ W~TI~I~S, eisar SECRETARY CITY OF DENTON APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY A~lrORNEY CITY OF DENTON '-~ Assistant Municipal Judges Contract for Services Page 4