HomeMy WebLinkAboutOrdinance 23546-01-2019ORDINANCE NO. 23546-01-2019
AN ORDINANCE AMENDING SECTION 10-3, "JUDGES; CHIEF JUDGE;
CHIEF PROSECUTOR" OF CHAPTER 10, "COURTS," ARTICLE 1, "IN
GENERAL" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(2015) TO ADD A NEW SUBSECTION REGARDING THE
APPOINTMENT AND DUTIES OF A DEPUTY CHIEF JUDGE; MAKING
THIS ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
Section 10-3 (Judges; chief judge; chief prosecutor) of Chapter 10 (Courts), Article I
(General) of the Code of the City of Fort Worth, Texas (2015), (the "Code"), is hereby amended
to add a new subsection (c) and to renumber the existing subsection (c) to subsection (d) to read
as follows:
§ 10-3 JUDGES; CHIEF JUDGE; CHIEF PROSECUTOR
(c) The city council shall appoint of one of the municipal judges as deputy chief judge.
The appointment of the deputy chief judge shall be recommend by the chief judge to the
Ad Hoc Municipal Court Advisory Committee (Committee). If approved by the
Committee, the recommendation shall be placed on the City Council's agenda for
consideration and approval. The deputy chief judge shall have all of the powers and duties
of a presiding judge as set forth in this subsection (c), and in addition, those cited in the
Uniform Municipal Courts of Record Act, as amended by the city court of record statute.
The deputy chief judge shall:
1. Assist the Chief Judge in supervising judicial staff, which includes prioritizing
and assigning work; conducting performance evaluations; maintaining a
healthy and safe working environment; and, making hiring, termination, and
disciplinary recommendations.
2. Assists in managing all administrative judicial services and activities.
Recommends and administers policies and procedures; and prepares
docketing calendar for jury courts and the Attorney plea docket as assigned
by the Chief Judge.
3. Participates in evaluating the efficiency and effectiveness of judicial court
service delivery methods and procedures.
4. Assists in monitoring and evaluating the quality, responsiveness, efficiency
and effectiveness of judicial court methods and procedures.
5. Presides over jury and non jury trials; and instructs jury panel regarding
applicable laws, procedures and sentences or fines if offender is convicted.
6. Reviews new laws, major court decisions and other pertinent information
relevant to the revision of Court procedures and operations.
7. Assists in explaining, justifying, and defending Municipal Court programs,
policies and activities; and negotiating and resolving sensitive and
controversial issues.
8. Issues search and arrest warrants; sets and forfeits bail for Class C
misdemeanors falling under municipal court jurisdiction; and sets bail for
felonies and misdemeanors.
9. Processes alias and capias warrant queues, administrative dockets, cash
dockets and miscellaneous dockets.
10. Performs other related duties as required and assigned by the Chief Judge.
11. Adheres to assigned work schedule as outlined in the Department and City
attendance policies and procedures; ensures all behaviors comply with the
City's Personnel Rules and Regulations.
(d) In order to coordinate the prosecution of all cases in the municipal courts and appeals
taken therefrom, the city attorney shall designate one of the assistant city attorneys as chief
prosecutor
SECTION 2.
This Ordinance shall be cumulative of all ordinances of the City, except where the
provisions of this Ordinance are in direct conflict with the provisions of such other ordinances, in
which case the conflicting provisions of such other ordinances are hereby repealed.
SECTION 3.
The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable.
If any portion of this Ordinance is declared illegal or unconstitutional by the valid final judgment
or decree of any court of competent jurisdiction, such illegality or unconstitutionality shall not
affect the legality and enforceability of any of the remaining portions of this Ordinance.
Ordinance No. 23546-01-2019
SECTION 4.
This Ordinance shall be in full force and effect following its adoption as specified herein.
ADOPTED: Januar,.y 29, 2019
EFFECTIVE:,
APPROVED AS TO FORM AND LEGALITY: ATTEST:
B.
La titia C. Bro n ary J. Ka),
Senior Assistant City Attorney, Section Chief City Secret
Ordinance No. 23546-01-2019
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/29/2019 - Ordinance Nos. 23546-01-2019 & 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 I 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.
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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