Loading...
HomeMy WebLinkAbout28048-10-2025 - City Council - OrdinanceORDINANCE NO. 28048-10-2025 AN ORDINANCE APPOINTING STEWART MILNER AS SUBSTITUTE MUNICIPAL JUDGE FOR A TWO-YEAR TERM COMMENCING OCTOBER 18, 2025, AND ENDING MARCH 31, 2027, 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. Stewart Milner be appointed as Substitute Municipal Judge for the remainder of a two- year term commencing October 18, 2025, and ending March 31, 2027, 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of such ordinances and Code, in which event such conflicting provisions of such ordinances and Code are hereby repealed.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 andsections of thisordinance, since the same would have beenenacted by theCity 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: APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY _________________________________ Andrea Phillips, Assistant City Attorney Jannette Goodall, City Secretary Adopted and Effective: October 21, 2025 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/21/25 M&C FILE NUMBER: M&C 25-0974 LOG NAME: 38SUBSTITUTE JUDGE APPOINTMENT2025 SUBJECT (ALL) Adopt the Ordinance Appointing Stewart Milner as Substitute Municipal Judge for the Remainder of a Two -Year Term, Commencing October 18, 2025, and Ending March 31, 2027 RECOMMENDATION: It is recommended that the City Council appoint Stewart Milner as a Substitute Municipal Judge for the remainder of a two-year term, commencing October 18, 2025, and ending March 31, 2027, 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 14th, 2025, Chief Judge Gonzalez received approval from the Legislative and Intergovernmental Affairs Committee to recommend the appointment of Stewart Milner as Substitute Municipal Judge for the remainder of a two-year term, commencing October 18, 2025, and ending March 31, 2027. On October 14th, 2025, Chief Judge Gonzalez presented an Informal Report to the Mayor and Members of the City Council concerning the Judicial Appointment recommendation of Stewart Milner as Substitute Municipal Judge for the remainder of a two-year term, commencing October 18, 2025, and ending March 31, 2027. Chief Judge Gonzalez is recommending to the City Council that Stewart Milner be appointed as Substitute Municipal Judge for the remainder of a two-year term, commencing October 18, 2025, and ending March 31, 2027. If approved by Mayor and Council, the individual mentioned above will be appointed as a Substitute Municipal Judge for the remainder of a two- year term, commencing October 18, 2025, and ending March 31, 2027. Compensation of Substitute Municipal Judaes Compensation for Substitute Municipal Judges is $60.00 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 INFORMATION / 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 Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: William Rumuly 7461 Additional Information Contact: William Rumuly 7461 Expedited ORDINANCE NO. 28049-10-2025 AN ORDINANCE APPOINTING JOSEPH F. HENDERSON AS A MUNICIPAL JUDGE FOR AN UNEXPIRED TERM COMMENCING OCTOBER 18, 2025, AND ENDING MARCH 31, 2026, 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 October 18, 2025, and ending March 31, 2026, or until a successor is qualified and appointed in accordance with state law: Municipal Court Judge Place 8: Joseph F. Henderson 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 (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 andsectionsofthisordinance,sincethesamewouldhavebeenenactedbytheCityCouncilwithout 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: APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY _________________________________ Andrea Phillips, Assistant City Attorney Jannette Goodall, City Secretary Adopted and Effective: October 21, 2025 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/21/25 M&C FILE NUMBER: M&C 25-0976 LOG NAME: 38MUNICIPAL JUDGE APPOINTMENT2025 SUBJECT (ALL) Adopt the Ordinance Appointing Joseph F. Henderson as Municipal Judge for the Remainder of a Two -Year Term, Commencing October 18, 2025 and Ending March 31, 2026 RECOMMENDATION: It is recommended that the City Council: 1. Appoint Joseph F. Henderson as Municipal Court Judge for an unexpired term commencing October 18, 2025 and ending March 31, 2026, or until a successor is qualified and appointed in accordance with state law; and 2. Set the salary for said Municipal Court Judge as $127,899.20 per year. 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 Neel McDonald. On October 14th, 2025 Chief Judge Gonzalez received approval from the Legislative and Intergovernmental Affairs Committee to recommend the appointment of Joseph F. Henderson as Municipal Court Judge for an unexpired term commencing October 18, 2025 and ending March 31, 2026 to the Mayor and Members of the City Council on October 21, 2025. On October 14th, 2025, Chief Judge Gonzalez presented an Informal Report to the Mayor and Members of the City Council concerning the Judicial Appointment recommendation of Joseph F. Henderson as Municipal Court Judge for an unexpired term commencing October 18, 2025 and ending March 31, 2026. Chief Judge Gonzalez is recommending to Mayor and Members of the City Council that Joseph F. Henderson be appointed as a municipal court judge for an unexpired term commencing on October 18, 2025 and ending March 31, 2026. Therefore, the following individual is now appointed as a municipal court judge in the following place for an unexpired term commencing October 18, 2025 and ending March 31, 2026, or until a successor is qualified and appointed in accordance with state and local law: Municipal Court Judge Place 8: Joseph F. Henderson. 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. Pav Adiustments for Municipal Court Judaes 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 $127,899.20 for Municipal Court Judge Joseph F. Henderson. 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. Funding is budgeted in the Regular Employee Salaries account within the General Fund for the Municipal Courts Department. A Form 1295 is not required because: 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 previously appropriated, in the General Fund to support the approval of the above recommendations. Prior to any expenditure being incurred, the Municipal Court Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: William Rumuly 7461 Additional Information Contact: William Rumuly 7461