HomeMy WebLinkAboutOrdinance 23547-02-2019ORDINANCE NO. 23547-01-2019
AN ORDINANCE APPOINTING SIMON GONZALEZ, AS 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 THAT:
SECTION 1.
Simon Gonzalez is appointed as Deputy Chief Judge, effective February 5th, 2019. This
appointment fills the vacancy created by the retirement of former Deputy Chief Judge Jo Ann
Reyes, and that the salary for the Deputy Chief Judge be set at $57.50/hour.
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provisions of such ordinances and Code are hereby repealed.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, sentences, paragraphs
Ordinance No. 23547-01-2019
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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: ATTEST:
La itia Cole Brawn
Senior Assist t City Attorney, Section Chief
ADOPTED & EFFECTIVE: January 29.2019
city Secretary
Ordinance No. 22145-03-2016
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2019 - Ordinance Nos. 2?546-01-2019 & 23547-01-
2019
DATE: Tuesday, January 29, 2019 REFERENCE NO.: G-19465
LOG NAME: 38APPOINTMENT OF DEPUTY CHIEF JUDGE MUNICIPAL COURT
SUBJECT:
Adopt Ordinances Amending Section 10-3 "Judges, Chief Judge, Chief Prosecutor" of Chapter 10 "Courts"
of the City Code to add Provisions Regarding the Appointment and duties of a Deputy Chief Judge and
Appointing Simon Gonzalez as Deputy Chief Judge as Recommended by the Ad Hoc Municipal Court
Advisory Committee and Setting the Salary for the Deputy Chief Judge (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Section 10-3 "Judges, Chief Judge, Chief Prosecutor" of
Chapter 10 "Courts" of the City Code to add provisions regarding the appointment and duties of a Deputy
Chief Judge;
2. Adopt the attached ordinance appointing Simon Gonzalez as Deputy Chief Judge, as recommended by
the Ad Hoc Municipal Court Advisory Committee; and
3. Set the salary for the Deputy Chief Judge.
DISCUSSION:
Appointment of Deputy 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 10-3 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. Subsection (b) of Section 10-3 of Chapter 10 of the City Code
provides that the City Council shall appoint one of the municipal judges as chief judge but is silent as to
the appointment of a deputy chief judge to assist the chief judge. Historically the appointment, duties and
salary of the deputy chief judge is recommended to the Ad Hoc Municipal Courts Advisory Committee for
consideration by the chief judge and if forwarded, approved by the City Council. It is recommended that
the process for the appointment and the duties of a deputy chief judge be outlined by ordinance and
codified into the City Code.
Logname: 38APPOINTMENT OF DEPUTY CHIEF JUDGE MUNICIPAL COURT Page 1 of 2
On March 27, 2018, Simon Gonzalez was appointed as a Municipal Court Judge for Place 6 to serve a
term commencing on April 1, 2018 and ending March 31, 2020. On October 12, 2018, Judge Jo Ann
Reyes retired, vacating the position of Deputy Chief Judge. On November 13, 2018, the Ad Hoc Municipal
Court Advisory Committee (Courts Committee) voted to recommend to the City Council that Judge
Gonzalez be appointed as Deputy Chief Judge.
Pay Adjustment for the Municipal! Court Deputy Chief Judge
Pursuant to the City's Pay Plan, the Deputy Chief Judge is considered an appointed position with a salary
that is set by Agreement. However, Section 30.00006(h) of the Texas Government Code requires the City
Council to set the salary for the municipal judges. The Courts Committee recommended that Deputy Chief
Judge Simon Gonzalez receive the amount of $57.50/hour, effective the first pay period after February 5,
2019. The first pay period after February 5, 2019 begins on February 16, 2019.
The salary of 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.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and attached
ordinances, funds are available in the current operating budget, as appropriated, of the General Fund.
FUND IDENTIFIERS (FIDs):
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CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Valerie Washington (6199)
Theresa Ewing (7461)
Danny Rodgers (6715)
Logname: 38APPOINTMENT OF DEPUTY CHIEF JUDGE MUNICIPAL COURT Page 2 of 2