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2000-096F \sharedklept\LOL\Our Documents\Ordmances\OO~vlcCary Mum¢lpal Judge doc o INANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING KIMBERLY CAWLEY-MCCARY AS ASSISTANT MUNICIPAL JUDGE FOR THE CITY OF DENTON MUNICIPAL COURT OF RECORD, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR HER TERM OF OFFICE, ESTABLISHING FEES FOR PAYMENT FOR HER SERVICES, AND DECLARING AN EFFECTIVE DATE WHEREAS, Section 6 03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant Municipal Judges to handle the judicial functions of the Mumc~pal Court of Record m the absence of the Chief Judge, and WHEREAS, Section 30 00006 of the Texas Government Code (Vernon Supp 2000) provides that a governing body shall appoint one or more judges to preside over a municipal court of record, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION I. That l<hmberly Cawley-McCary is hereby appointed as an Assistant Municipal Judge of the Munmlpal Court of Record of the City of Denton, Texas for a period beglnmng on the 1st day of October, 1999 and contlnmng through midnight, September 30th, 2001 SECTION II That the Mayor is authorized to execute a contract, a copy of which is attached hereto and incorporated by reference herein, providing for the terms of her employment SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the r-/'Er~t, day of L.~~ ,2000 L, JA(~mlLI~I~R, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE ,2000, by and between the Caty of Denton, Texas, a MUmclpal Cot- poratt[on of the State of Texas, hereanafter referred to as "Caty", and KIMBERLY CAWLEY- MeCARY, herelnafier referred to as "Assistant Judge" WITNESSETH. 1 The City of Denton ("Caty") does hereby contract for the servmes of KIMBERLY CAWLEY-MeCARY ("Assistant Judge") for a period of two (2) years, begmmng on the 1st day of October, 1999, and contmmng through nudmght, September 30th, 2001 The Caty of Denton therefore appoints and desagnates satd Assistant judge as a mumcapal judge and magistrate for and under the laws of the State of Texas, w~th all the powers, rights and dutaes of said appointment Assistant judge shall comply wath all requirements of law and must perform all dunes as required by law and comply wath all the terms Condltaons and restrleUons as set forth for a mumcapal judge as set forth under all apphcable state statutes and as reqmred under the Texas Code of Judacml Conduct 2 The C~ty shall compensate Assistant Judge as follows (a) COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS - For the performance of any services as a mumc~pal court judge (or as a statutory magistrate) for the Caty of Denton wlule presiding over any officaal court dockets or scheduled court sessmns as assigned and darected by the Pres~chng Judge for Denton Mummpal Court Judge or scheduled through the munmapal court co-orchnator, Assistant Judge shall be entitled to compensation at a rate of $30 00 per hour, w~th all portmns of t~me over thirty (30) minutes billed as one full (1) hour Travel Ume to and from the Court shall not be included as bailable tune (b) OFFICE HOURS/PRE AND POST COURT SESSION PREPARATION - In adchtmn to the performance of any duties actang as a mumcapal judge or magistrate dunng any t~me as assagned by the presiding judge or scheduled through the mumclpal court co-ordinator, any office hours as required for the completmn of any paper work, document preparation, or warrant executaon shall be balled at $30 00 per hour, w~th tame over thtrty (30) m~nutes balled as one (1) hour Travel tame to and from the Court shall not be ancluded as billable time Assistant Judge' s Contract Page 1 of 3 (c) WEEKEND AND HOLIDAY JAIL ARRAIGNMENTS - When specifically assigned by the Presiding Judge to perform magisterial duties in the C~ty of Denton Mumc~pal Jml on either (a) officmlly demgnated C~ty of Denton Hohdays as designated by official city calendar, and Co) on Weekends (being defined as Saturday and Sundays), the Assistant Judge shall be compensated at a rate equal to F~ve and one-half hours (5 5 hours) of compensated ttme for a total Per Dtern rate of $165 00 per day, regardless of the actual t~me expended m the performance of those duttes (d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The city shall further compensate the Assistant Judge for any actual time expended or class hours spent m attendance at m-house jUdlCml trmmng or mandatory judmlal staff meetings as called by the presiding Judge and such t~me shall be b~lled at $30 00 per hour w~th t~me over thirty (30) unnutes billed as one (1) hour Travel t~me to and from the meeting place shall not be included as billable t~me (e) MANDATORY JUDICIAL EDUCATION TRAINING - The city shall further compensate the Assistant Judge for any actual t~me expended or class hours spent ~n actual attendance at mandatory judm~al trmmng as required by state law and such t~me shall be lalled at $30 00 per hour w~th tune over thirty (30) minutes billed as one (1) hour C~ty shall reunburse or pre-pay the travel, meals and reg~stratmn costs, ~n accordance w~th the City's Travel Reunbursement Pohcy, recurred by the Assistant Judge m attandmg the annual mandatory twelve (12) hour judmml education course estabhshed by the Texas Mumclpal 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 ~s responsible for mmnta~mng accurate and complete tune records, setting forth the date, description of servmes rendered, the tune ~ncurred ~n rendenng such serrates, and the amount lalled to C~ty Such t~me records shall be subuntted to the Mummpal Judge or the Juchclal Coordinator for rewew on a b~-weekly bas~s, and on the same date as reqmred for City personnel payroll Payment wall be processed and prod m accordance w~th the City's payroll schedule C~ty w~ll allow the Assistant Judge to direct payment to the financial mst~tutton of las own choosing No additional benefits beyond the stated compensataon w~ll be proxaded The Assistant Judge will receive docket assignments and work schedules w~tlan the sole chscret~on of the Mumc~pal Judge or his designee The Assistant Judge shall have no set work hours, assigned dockets or duties other than as d~rected by the Pres~chng Mumc~pal Judge The Assistant Judge ~s g~ven no assurances as to m~mmmn hours, work assignments or spemfic dockets and understands that all such work assignments are subject to change to accommodate the needs of the Court The Assistant Judge shall be avmlable to perform and shall perform ffdtrected, the duties of the pomt~on, subject only to reasonable notme The Assistant Judge must attend and complete any annual mandatory judmml education or other mlmmum jud~mal trmmng as reqmred by the State of Texas w~th~n the t~me periods as established by law 4 The Assistant Judge shall not take on representation of a chent adverse to the C~ty of Denton The ~ksslstant Judge shall not represent a chent in a case where an employee of the C~ty of Denton, m bas/her capacity as an employee of the C~ty of Denton ~s a witness or may be summoned to appear as a w~mess 5 Dttrmg the duration of tbas Contract, the Assistant Judge shall comply w~th all prows~ons of the Code of Judicial Conduct, the Denton City Charter, Chapter 30 of the Texas Government Code, Subchapter Y, and all other apphcable laws pertmmng to the operatxon of the Denton Mumclpal Court of Record, and Ins duties as a Magistrate In the event of a conflict between the terms oftbas Contract and smd Code, Charter, Statutes and laws, the terms of smd Code, Charter, Statutes and laws shall govern 6 The City may remove the Assistant Judge from office dunng h~s term pursuant to and in accordance with the requirements of §30 000085 of the Texas Government Code, or ItS successor, as same may hereafter be amended 7 The Assistant Judge may terminate tbas Contract by prowthng written nottce of res~gnatton not less than 30 days prior to date of termination Tins Contract represents the entire and ~ntegrated Contract between City and the Assistant Judge, and supersedes all prior negotmt~ons and representations and/or contracts e~ther written or oral Tbas Contract may be amended only by written instrument s~gned by both the City and the Assmtant Judge The Assistant Judge further states that he has carefully read the foregoing Contract, and knows the contents thereof, and mgns the same as their own free act IN WITNESS WHEREOF, City has caused tins Contract to be signed ~n ~ts name by Jack M~ller, Mayor, and ~ts corporate seal to be hereunto affixed and attested by ~ts C~ty Secretary, and the Asmstant Judge has hereunto set bas hand and seal the day and year first above written ASSISTANT JUDGE CITY OF DENTON, TEXAS "~-- ~.. By KIMBERLY A~VLEY-MeCARY J ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' S \Our ~ocumcnt$\Contraets\00\Cawley Asst Mum¢lpal Judge doc ~7 Assistant Judge's Contract Page 3 of 3