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HomeMy WebLinkAboutOrdinance 22701-05-2017 ORDINANCE NO. 22701-05-2017 AN ORDINANCE APPOINTING JAMES D. RODGERS, AS 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, James D. Rodgers is appointed as Chief Judge effective May 13, 2017. This appointment fills the vacancy created by the retirement of Chief Judge Ninfa Mares who retired effective December 31, 2016. SECTION 2. 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of such ordinances and Code, in which event such conflicting provisions of such ordinances and Code are hereby repealed.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 3. 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 ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, Ordinance No.22701-05-2017 Pagel of 2 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 4. This ordinance shall take effect upon passage. APPROVED AS TO FORM AND LEGALITY: L titia Cole an Arown, Assis t City AttornP, Mary J. Ka ity Sucretary ADOPTED & EFFECTIVE: May 2, 2017 Ordinance No.22701-05-2017 Page 2 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/2/2017 - Ordinance No. 22701-05-2017 DATE: Tuesday, May 2, 2017 REFERENCE NO.: **G-18995 LOG NAME: 38APPOINTMENT OF CHIEF JUDGE - MUNICIPAL COURT SUBJECT: Adopt Ordinance to Appoint James D. Rodgers as Chief Judge, as Recommended by the Ad Hoc Municipal Court Advisory Committee and Set the Salary for the Chief Judge (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance appointing James D. Rodgers as Chief Judge, as recommended by the Ad Hoc Municipal Court Advisory Committee 2. Set the salary for the Chief Judge. DISCUSSION: Appointment of Chief Judge-Municipal Court 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 by ordinance. Section 30.00007 of 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 appoint a Chief Judge with the duties of a presiding judge as set out in the City Code. On March 29, 2016, James D. Rodgers was appointed as a Municipal Court Judge for Place 2 to serve a term commencing on April 1, 2016 and ending March 31, 2018. He was also appointed Deputy Chief Judge (Ordinance No. 22145-03-2016). Judge Ninfa Mares was also appointed for a term ending on March 31, 2018, and was appointed as Chief Judge. Chief Judge Ninfa Mares retired on December 31, 2016. On April 11, 2017, the Ad Hoc Municipal Court Advisory Committee (Courts Committee) voted to recommend to the City Council that Judge Rodgers be appointed as Chief Judge. Pay Adjustments 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, under state law the Chief Judge's salary must be adopted by City Council. The Courts Committee recommended that Chief Judge James D. Rodgers receive the amount of $62.50/hour, effective the first pay period after May 8, 2017. The first pay period after May 8, 2017 begins on May 13, 2017. The salary of the Chief Judge may be increased in the future if the increase is adopted by the City Council Logname: 38APPOINTMENT OF CHIEF JUDGE -MUNICIPAL COURT Page 1 of 2 as part of the Budget Ordinance. This M&C does not request approval of a contract with a business entity. 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 IFundl Department Accoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 FROM Fund Dep IrtDment ccoun�ProDogram Project Prctrvity t Year (ChartField� moun CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Theresa Ewing (7461) Additional Information Contact: Theresa Ewing (7461) Logname: 38APPOINTMENT OF CHIEF JUDGE - MUNICIPAL COURT Page 2 of 2