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HomeMy WebLinkAboutOrdinance 27393-01-2025 (2)ORDINANCE NO.27393-01-2025 AN ORDINANCE APPOINTING CYNTHIA FITCH AS A SUBSTITUTE MUNICIPAL JUDGE FOR THE REMAINDER OF A TWO-YEAR TERM COMMENCING JANUARY 25, 2025 AND ENDING MARCH 31, 2025 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 THAT: SECTION 1. Cynthia Fitch be appointed as a Substitute Municipal Judge for the remainder of a two- year term commencing January 25, 2025 and ending March 31, 2025, or until a successor is qualified and appointed in accordance with state law. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), 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of such ordinances and Code, in which event such conflicting provisions of such ordinances and Code are hereby repealed.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: Assistant City Attorney ADOPTED AND EFFECTIVE: January 14, 2025 2 CITY SECRETARY Jannette S. Goodall City Secretary dAz -*Un I- *"a .' , '* 0 0�00�0 oO 10, a ro o� �o 0 i 0 �aaa I'M VE 0— City of Fort Worth, Texas Mayor and Council Communication DATE: 01/14/25 M&C FILE NUMBER; M&C 25-0051 LOG NAME: 38SUBSTITUTE JUDGE APPOINTMENT FITCH ti SUBJECT (ALL) Adopt the Ordinance Appointing One (1) New Substitute Municipal Judge for the Remainder of a Two -Year Term, Commencing January 25, 2025, and Ending March 31, 2025 RECOMMENDATION: It is recommended that the City Council appoint Cynthia Fitch as a Substitute Municipal Judge for the remainder of a two-year term, commencing January 25, 2025 and ending March 31, 2025, or until a successor is qualified and appointed in accordance with state law. DISCUSSION: Appointment of Substitute Municipal Judges Chapter 30 of the Texas Government Code (the Uniform Municipal Courts of Record Act) sets out the requirements for appointment of judges for municipal courts of record. Section 30.00008 of the Texas Government Code (the Uniform Municipal Courts of Record Act) states that the governing body of a municipality may appoint one or more qualified persons to be available to serve for a municipal judge who is temporarily absent due to illness, family death, continuing legal or judicial education programs or any other reason. The presiding judge shall select one of the qualified persons appointed by the governing body to serve during the absence of a municipal judge. The substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge. Currently there are 8 Substitute Judicial Positions with 1 vacancy. On October 22, 2024, Chief Judge Gonzalez 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 Gonzalez is recommending to the City Council that Cynthia Fitch be appointed as a Substitute Municipal Judge for the remainder of a two-year term commencing January 25, 2025, and ending March 31, 2025. On January 14, 2025, the Legislative Affairs Committee approved the appointment recommendation of Cynthia Fitch as a Substitute Municipal Judge for the remainder of a two-year term, commencing January 25, 2025 and ending March 31, 2025. If approved by Mayor and Council, the individual listed above will be appointed as a Substitute Municipal Judges for the remainder of a two-year term commencing January 25, 2025 and ending March 31, 2025. Compensation of Substitute Municipal Judges Compensation for Substitute Municipal Judges is $50.00 per hour worked. Funding is budgeted in the Temporary Employee account within the within the General Fund for the Municipal Court Department. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL TINIFORMATION I CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the General Fund. Prior to an 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