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HomeMy WebLinkAboutOrdinance 22145-03-2016 ORDINANCE NO. 22145-03-2016 AN ORDINANCE APPOINTING CHARLES T. ATKINSON, ANDREW T. BRADSHAW, RAQUEL D. BROWN, ANN Y. COLLINS, SIMON C. GONZALEZ, BENITA FALLS HARPER, NINFA L. MARES, CLAUDIA A. MARTINEZ, R. NEEL MCDONALD, SHARON NEWMAN- STANFIELD, JO ANN REYES, JAMES D. RODGERS, AND PATRICIA L. SUMMERS AS MUNICIPAL JUDGES FOR A TWO-YEAR TERM COMMENCING APRIL 1, 2016 AND ENDING MARCH 31, 2018 OR UNTIL A SUCCESSOR IS QUALIFIED AND APPOINTED IN ACCORDANCE WITH STATE LAW; PROVIDING THAT ALL PERSONS PRESENTLY HOLDING AN APPOINTED POSITION AS JUDGE BUT WHO ARE NOT LISTED IN THE ORDINANCE ARE NOT REAPPOINTED; APPOINTMENT OF CHIEF JUDGE AND DEPUTY CHIEF JUDGE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That, the following individuals are now appointed as Municipal Judges for a two-year term commencing April 1, 2016 and ending March 31, 2018, or until a successor is qualified and appointed in accordance with state law: Municipal Court Judge Place 1: Ninfa L. Mares; Municipal Court Judge Place 2: James D. Rodgers; Municipal Court Judge Place 3: Patricia L. Summers; Municipal Court Judge Place 4: Andrew T. Bradshaw; Municipal Court Judge Place 5: Raquel D. Brown; Municipal Court Judge Place 6: Simon C. Gonzalez; Municipal Court Judge Place 7: Benita Falls Harper; Municipal Court Judge Place 8: R. Neel McDonald; Municipal Court Judge Place 9: Sharon Newman-Stanfield; Municipal Court Judge Place 10: Jo Ann Reyes; Ordinance No.22145-03-2016 Page 1 of 3 Municipal Court Judge Place 11: Ann Y. Collins; Municipal Court Judge Place 12: Claudia A. Martinez; and Municipal Court Judge Place 13: Charles T. Atkinson. Any individual presently holding an appointed position as a judge, but who is not listed in this ordinance as being appointed to a place, is not reappointed to their office. Appointment to a place does not mean appointment to a specific court or division. Assignment to a court remains within the authority of the Chief Judge as authorized by Section 10-3 of Chapter 10, Courts of the Fort Worth City Code. SECTION 2. That Ninfa L. Mares be appointed as Chief Judge and that James D. Rodgers be appointed as Deputy Chief Judge. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where provisions of this ordinance are in direct conflict with the provisions of such ordinances and Code, in which event such conflicting provisions of such ordinances and Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such Ordinance No. 22145-03-2016 Page 2 of 3 ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence,paragraph or section. SECTION 5. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: La itia Coleman Brown, Assistant Cit Attorney Vary J. r„ ity 46cretary ADOPTED &EFFECTIVE: March 29, 2016 Ordinance No. 22145-03-2016 Page 3 of 3 City � of Fort Worth, Texas N&0� ° N Mayor �� ���� Council Communication �mw�� �� ��'N ��NN�� ��°��v��NN��0 � � COUNCIL ACTION: Approved on 3/29/2016 - Ordinance No. 22145-03-2016 DATE: Tuesday, March 28' 2O10 REFERENCE NO.: G-18707 LOG NAME: 383OREAPPD|NT MUNICIPAL JUDGES SUBJECT: Adopt Ordinance Appointing the Municipal Judges, Chief Judge and Deputy Chief Judge for o Two-Year Term Commencing April 1, 2016 and Ending March 31, 2018 and Setting the Salary for the Municipal Judges, Chief Judge and Deputy Chief Judge (ALL COUNCIL DISTRICTS) RECOMMENDATION: Kia recommended that the City Council: 1. Appoint Charles T. Atkinson, /\ndroxv T. Bnadohovv, Raquel O. Brown, Ann Y. Collins, Simon C. Gonzalez, Benita Falls Harper, Ninfa L K8anee, Claudia A. Martinez, R. Nee/ K8oOona|d, Sharon Nevvnnen- Stanfie|d, Jo Ann Reyeo, James D. Rodgers and Patricia L Summers as Municipal Judges for otwo-year term commencing April 1, 2016 and ending March 31, 2018, or until a successor is qualified and appointed in accordance with state law; 2. Designate Ninfa L. Mares ae Chief Judge and James O. Rodgers as Deputy Chief Judge; and 8. Set the salary for the Municipal Judges, Chief Judge and the Deputy Chief Judge. DISCUSSION:Appointment of Municipal Court Judges, Chief Judge and the Depuly Chief Jud-ge Chapter 30 of the Texas Government Code (the Uniform Municipal Courts of Record Act) sets out the requirements for appointment of judges and the presiding judge for Municipal Courts of Record. Section 30.00006(b) of the Texas Government Code requires the governing body of a municipality to appoint its Municipal Judges byordinance. Section 3O.00OO7of the Texas Government Code requires the governing body of the municipality to designate a presiding judge if there is more than one municipal judge in the municipality. Section 18-3 of the City Code requires the City Council to designate e Chief Judge with the duties ofapresiding judge. The City Council io also authorized to designate o Deputy Chief Judge. On February 25, 2016 the Ad Hoc Municipal Court Advisory Committee (Courts Committee) voted to recommend to the City Council that Charles T. Atkinson, Andrew T. Bnadohovv. Raquel D. Brown, Ann Y. Collins, Simon C. Gonzo|az, Banite Falls Harper, Ninfa L. K8anea. Claudia A. Martinez, R. Neel K8cDona|d, Jo Ann Rayoa, James D. Rodgers and Patricia L. Summers be reappointed as Municipal Judges for two- year term commencing April 1. 2O16 and ending March 31. 2O18. On the same date, the Courts Committee voted to recommend to the City Council the reappointment of Ninfa L. K8oreo as Chief Judge and James O. Rodgers as Deputy Chief Judge for a two-year term commencing April 1, 2016 and ending March 31, 2018. Thereafter, on March 9, 2016 the Courts Committee voted to recommend to the City Council the [oguuuze: 3838REAP}/(}DNTMl}NlClPAL JUDGES Page I of reappointment of Sharon Newman-Stanfield as a Municipal Judge for a two-year term commencing April 1, 2016 and ending March 31, 2018. The following individuals are now appointed as Municipal Judges in the following places for a two-year term commencing April 1, 2016 and ending March 31, 2018, or until a successor is qualified and appointed in accordance with state and local law: Municipal Court Judge Place 1: Ninfa L. Mares Municipal Court Judge Place 2: James D. Rodgers Municipal Court Judge Place 3: Patricia L. Summers Municipal Court Judge Place 4: Andrew T. Bradshaw Municipal Court Judge Place 5: Raquel D. Brown Municipal Court Judge Place 6: Simon C. Gonzalez Municipal Court Judge Place 7: Benita Falls Harper Municipal Court Judge Place 8: R. Neel McDonald Municipal Court Judge Place 9: Sharon Newman-Stanfield Municipal Court Judge Place 10: Jo Ann Reyes Municipal Court Judge Place 11: Ann Y. Collins Municipal Court Judge Place 12: Claudia A. Martinez Municipal Court Judge Place 13: Charles T. Atkinson. Ninfa L. Mares will be appointed as Chief Judge and James D. Rodgers will be appointed as Deputy Chief Judge. Any individual presently holding an appointed position as a judge, but who is not listed in the attached ordinance as being appointed to a place, is not reappointed to their office. Appointment to a place does not mean appointment to a specific court or division. Assignment to a court remains within the authority of the Chief Judge as authorized by Section 10-3 of the City Code. Pay Adjustments for Municipal Judges and Deputy Chief Judge Section 30.00006(h) of the Government Code requires the City Council to set the salary for the municipal judges upon appointment. The City Council adopted a pay plan for general employees as part of the Fiscal Year 2015-2016 Budget. The Municipal Judges and the Deputy Chief Judge were included in the pay plan adopted by the City Council. As a result, the Municipal Judges and the Deputy Chief Judge were entitled to 2.5 percent raises effective December 26, 2015 (Pay Period 1). Any amount not already paid to the judges since December 26, 2015 will be paid to them in compliance with the Fiscal Year 2015-2016 Budget Ordinance adopted by City Council. The Courts Committee also recommended that two judges, Judge Benita Falls Harper and Judge Claudia Martinez, receive additional pay adjustments to provide parity among the Municipal Court Judges of comparable seniority. These raises will be effective the first pay period after April 1, 2016. Therefore, the salaries for the Municipal Court Judges and the Deputy Chief Judge are as follows: 1. An hourly rate of$48.28 for Municipal Court Judges Charles Tyler Atkinson, Raquel D. Brown, Ann Y. Collins and Patricia L. Summers; 2. An hourly rate of$50.35 for Municipal Court Judges Andrew T. Bradshaw, Simon C. Gonzalez, Benita Falls Harper, Claudia A. Martinez, R. Neel McDonald, Judge Sharon Newman-Stanfield and Jo Ann Reyes; and 3. An hourly rate of$52.17 for Deputy Chief Judge James D. Rodgers. The salaries of the Municipal Judges and the Deputy Chief Judge may be increased in the future if the increase is adopted by the City Council as part of the Budget Ordinance. Logname: 3838REAPPOINT MUNICIPAL JUDGES Page 2 of 3 Pay Adjustment for the Municipal Court Chief Judge Pursuant to the City's Pay Plan, the Chief Judge is considered an appointed position with a salary that is set by Agreement. However, the Chief Judge's salary must still be adopted by City Council. The Courts Committee recommended that Chief Judge Ninfa L. Mares receive a 10 percent raise. Therefore, the hourly rate for Chief Judge Ninfa L. Mares is $62.49, effective the first pay period after April 1, 2016. The salary of the Chief Judge may be increased in the future if the increase is adopted by the City Council as part of the Budget Ordinance. Total estimate for 11 associate Municipal Court Judges for the remainder of the Fiscal Year 2015-2016 is $28,049.40, total estimate for Deputy Chief Judge position for the remainder of the Fiscal Year 2015-2016 is $2,646.59 and total estimate for the Chief Judge position for the remainder of Fiscal Year 2015-2016 is $5,911.63, for a total estimated amount of$36,607.63. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND IDENTIFIERS (FIDs): TO Fund Department Accouni Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) Fl)10100 0382000 5110101 $36,607.63 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Dakisha R. Wesley (6711) Additional Information Contact: Ninfa Mares (6711) Logname: 3838REAPPOINT MUNICIPAL JUDGES Page 3 of 3