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HomeMy WebLinkAboutOrdinance 25555-06-2022 ORDINANCE NO. 25555-06-2022 AN ORDINANCE APPOINTING CARLA KELMAN AS A MUNICIPAL JUDGES FOR AN UNEXPIRED TERM COMMENCING JULY 4, 2022 AND ENDING July 3, 2024 OR UNTIL A SUCCESSOR IS QUALIFIED AND APPOINTED IN ACCORDANCE WITH STATE LAW; 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 individual is now appointed as a Municipal Judge for an unexpired term commencing July 4, 2022 and ending July 3, 2024, or until a successor is qualified and appointed in accordance with state law: Municipal Court Judge Place 9: Carla Kelman 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. 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of such ordinances and Code, in which event such conflicting provisions of such ordinances and Code are hereby repealed.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 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 adoption. APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY: . ., �dricu�r� Benjamin Sampract(Jun 16,202214:12 CDT) J ette S.Goodad(Jun 16,2022140 CDT) Benjamin Sampract Jannette S. Goodall Assistant City Attorney City Secretary .........F O1�T ADOPTED: June 14, 2022 EFFECTIVE: June 14, 2022 '} �XAs. 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/14/22 MSC FILE NUMBER: M&C 22-0416 LOG NAME: 38MUNICIPAL JUDGE APPOINTMENT 6/2022 SUBJECT (ALL)Adopt Attached Ordinance Appointing Carla Kelman as Municipal Judge for a Two Year Term Commencing July 4,2022 and Ending July 3, 2024 RECOMMENDATION: It is recommended that the City Council: 1. Appoint Carla Kelman as Municipal Court Judge for an unexpired term commencing July 4,2022 and ending July 3,2024,or until a successor is qualified and appointed in accordance with state law; and 2. Set the salary for said Municipal Court Judge. DISCUSSION: Appointment of Municipal Court Judges 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 Court Judges by ordinance. Currently there are 10 Judicial Places.One judicial vacancy was created by the retirement of Judge Ann Y.Collins. Chief Judge Rodgers recommended to the Mayor and Council that the one place be filled through an application process. On December 7,2021, Chief Judge Rodgers presented an Informal Report to the Mayor and Members of the City Council concerning the Judicial Appointment Process.That process has now been completed. Chief Judge Rodgers is recommending to the City Council that Carla Kelman be appointed as a Municipal Court Judge for an unexpired term commencing on July 4,2022 and ending July 3,2024. Therefore,the following individual is now appointed as a Municipal Court Judge in the following place for an unexpired term commencing July 4,2022 and ending July 3, 2024,or until a successor is qualified and appointed in accordance with state and local law: Municipal Court Judge Place 9:Carla Kelman 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 Court Judges Section 30.00006(h)of the Government Code requires the City Council to set the salary for a Municipal Court Judge upon appointment. Therefore,the salary for the Municipal Court Judge is as follows: 1.An annual salary of$109,200.00 for Municipal Court Judge Carla Kelman; The salary of the Municipal Court Judge may be increased in the future if the increase is adopted by the City Council as part of the Budget Ordinance. This Mayor and Council Communication does not request approval of a contract with a business entity. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the ordinance,funds will be available in the current operating budget, as previously appropriated, in the General Fund. Prior to any expenditure being incurred,the Municipal Court Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Valerie Washington 6199 Originating Business Unit Head: William Rumuly 7461 Additional Information Contact: William Rumuly 7461 Expedited