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2000-097F ~shared~dept~OL\Our Documents\Ordmances\OO~lurphy Mum¢lpal Judge doc NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPOINTING EARLEAN COBBIN MURPHY 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 Municipal Court of Record in the absence of the CNef Judge, and WHEREAS, Section 30 00006 of the Texas Government Code (Vernon Supp 2000) prowdes 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 Earlean Cobbln Murphy is hereby appointed as an Assistant Municipal Judge of the Municipal Court of Record of the City of Denton, Texas for a period beginning on the 1st day of October, 1999 and continuing 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 7'~ dayof C/ff~y~ ,2000 JA~Y4ILLER, MAYOR ATTEST~ JENNIFER WALTERS, CITY SECRETARY Ap(>~ovED A~S TO LEGAL ;O~M HERBERT L PROUTY, CITY ATTORNEY CONTRACT FOR SERVICES FOR ASSISTANT MUNICIPAL JUDGE THIS CONTRACT, is made and entered ~nto tlus ~g:~ day of ~ff~ ,2000, by and between the City of Denton, Texas, a Mummpal Cor- poratm~ of the State of Texas, heremafter referred to as "C~ty", and EARLEAN COBIN MURPHY, hereinafter referred to as "Assistant Judge" WITNESSETH: 1 The City of Denton ("C~ty") does hereby contract for the services of EARLEAN COBIN MURPHY ("Assistant Judge") for a period of two (2) years, begmmng on the 1st day of October, 1999, and eontmmng through m~dmght, September 30th, 2001 The C~ty of Denton therefore appomts and designates smd Assistant judge as a mumclpal judge and magistrate for and under the laws of the State of Texas, w~th all the powers, rights and duties of smd appomtraent Assistant judge shall comply w~th all requirements of law and must perform all duttes as reqmred by law and comply w~th all the terms Cond~tlons and restnctmns as set forth for a mume~pal judge as set forth under all apphcable state statutes and as reqmred under the Texas Code of Juchclal Conduct 2 The City shall compensate Assistant Judge as follows (a) COURT SESSIONS AND WORKDAY JAIL ARRAIGNMENTS - For the performance of any services as a mun~mpal court judge (or as a statutory magistrate) for the City of Denton wh~le presiding over any official court dockets or scheduled court sessions as assigned and d~rected by the Presiding Judge for Denton Mumc~pal Court Judge or scheduled through the mummpal court co-orchnator, Assistant Judge shall be entitled to compensation at a rate of $30 00 per hour, w~th all portions of t~me over tturty (30) minutes b~lled as one full (1) hour Travel t~me to and from the Court shall not be included as billable t~me (b) OFFICE HOURS/PRE AND POST COURT SESSION PREPARATION - In addition to the performance of any duties acting as a mtm~clpal judge or magistrate dunng any t~me as ass~gnexl by the presiding judge or scheduled through the mummpal court co-orchnator, any office hours as reqmred for the completion of any paper work, document preparation, or warrant execution shall be billed at $30 00 per hour, w~th t~me over thirty (30) minutes b~lled as one (1) hour Travel t~me to and from the Court shall not be ~ncluded as b~llable t~me 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 ~n the Clty of Denton MUmclpal Jml on either (a) officially designated City of Denton Holidays as designated by official c~ty calendar, and (b) on Weekends (bemg 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 tame for a total Per Diem rate of $165 00 per day, regardless of the actual tune expended m the performance of those duties (d) IN-HOUSE TRAINING/JUDICIAL STAFF MEETINGS - The city shall further compensate the Assistant Judge for any actual tame expended or class hours spent in attendance at m-house juchctal trmmng or mandatory judlmal staff meetings as called by the pres~chng Judge and such time shall be bdled at $30 00 per hour w~th t~me over tturty (30) minutes balled as one (1) hour Travel t~me to and from the meeting place shall not be included as billable tame (e) MANDATORY JUDICIAL EDUCATION TRAINING - The c~ty shall further compensate the Assistant Judge for any actual time expended or class hours spent ~n actual attendance at mandatory judicial trmmng as reqmred by state law and such t~me shall be billed at $30 00 per hour w~th t~me over tturty (30) m~nutes billed as one (1) hour C~ty shall reimburse or pre-pay the travel, meals and reg~strataon costs, ~n accordance w~th the C~ty's Travel Reimbursement Pohcy, ~ncurred by the Assistant Judge in attending the annual mandatory twelve (12) hour judicial education course estabhshed by the Texas Mnnm~pal Courts Education Center 3 The Assistant Judge agrees as follows The Assistant Judge agrees to render services at the aforementioned compensataon terms The Assistant Judge is responsthle for mmntalmng accurate and complete tame records, setting forth the date, description of services rendered, the t~me ~ncurred ~n rendenng such senaees, and the amount billed to City Such t~me records shall be subnntted to the Mumc~pal Judge or the Judicial Coordinator for review on a b~-weekly basis, and on the same date as reqmred for C~ty personnel payroll Payment wall be processed and paid ~n accordance w~th the C~ty's payroll schedule C~ty wdl allow the Assistant Judge to d~rect payment to the financial mstatutaon of hts own choosing No additional benefits beyond the stated compensation will be prowded The Assistant Judge w~ll receive docket assignments and work schedules w~thtn the sole d~seretaon of the Mumclpal Judge or h~s designee The Assistant Judge shall have no set work hours, assigned dockets or duties other than as directed by the Presiding Municipal Judge The Aas~stant Judge ~s g~ven no assurances as to m~nlmum hours, work assignments or specffic 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 ffihrected, the dutaes of the pos~taon, subject only to reasonable notice The Assistant Judge must attend and complete any annual mandatory judicial educataon or other rmmmum jud~cml trmnlng as reqmred by the State of Texas w~thtn the tame periods as estabhshed by law 4 The Assistant Judge shall not take on representation of a chent adverse to the C~ty of Denton The Asslstant Judge shall not represent a chent in a case where an employee of the C~ty of Denton, m his/her capacity as an employee of the City of Denton ~s a witness or may be summoned to appear as a wttness 5 During the duration of tins Contract, the Assistant Judge shall comply with all provls~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 pertatnmg to the operation of the Denton Mume~pal Court of Record, and his duties as a Magistrate In the event ora conflict between the terms of this Contract and said 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 his term pursuant to and m accordance with the requirements of §30 000085 of the Texas Government Code, or successor, as same may hereafter be amended 7 The Assistant Judge may terminate this Contract by promdtng written not,ce of resignation not less than 30 days prior to date of termination This Contract represents the entare and ~ntegrated Contract between City and the Assistant Judge, and supersedes all prior negotmt~ons and representations and/or contracts either written or oral This Contract may be amended only by written instrument signed by both the C~ty and the Assistant Judge The Assistant Judge further states that he has carefully read the foregoing Contract, and knows the contents thereof, and s~gns the same as their own free act IN WITNESS WHEREOF, City has caused th~s Contract to be signed m ~ts name by Jack Miller, Mayor, and 1ts corporate seal to be hereunto affixed and attested by 1ts C~ty Secretary, and the Assistant Judge has hereunto set his hand and seal the day and year first above written ASSISTANT JUDGE CITY OF DENTON, TEXAS EARLEAN COBIN MURPHY ~ ~ JACK ~J~ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM' S \O~oc~ments C~Contracts\00Wlurphy Asst Mumelpal Judge doc Assistant Judge's Contract Page 3 of 3