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HomeMy WebLinkAboutResolution - 2022-R0146 - Joint Magistration Services Agreement with Lubbock County 3.22.22Resolution No. 2022-RO146 Item No. 7.34 March 22, 2022 RESOLUTION WHEREAS, Subsection 30.00008(b) of the Government Code provides that the governing body of the City of Lubbock 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; and WHEREAS, the presiding judge, or the municipal judge if there is no presiding judge, shall select one of the qualified persons appointed by the governing body to serve during the absence of a municipal judge; and WHEREAS, the substitute judge, while serving as a municipal judge, has all the powers and shall discharge all the duties of a municipal judge; and WHEREAS, a substitute judge must meet the qualifications prescribed for the municipal judge; and WHEREAS, the City of Lubbock and Lubbock County, Texas have determined that it would be mutually beneficial for the City of Lubbock's temporary substitute judges to jointly serve as County Magistrates, to provide booking and detention services for City's arrestees and provide magistration services for arrestees in the Lubbock County Detention Center; and WHEREAS, the City of Lubbock and Lubbock County, Texas have entered into an Interlocal Agreement Between Lubbock County and the City of Lubbock for Joint Magistration Services which provides, inter alia, for persons to be appointed by both the City of Lubbock and Lubbock County to serve as jointly as temporary substitute municipal judges and as County Magistrates; and WHEREAS, it is in the best interest of the citizens of the City of Lubbock to appoint the following persons to serve jointly as both temporary substitute judges for the Lubbock Municipal Court of Record and as County Magistrates; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: Section 1. THAT the following named persons who have been duly appointed by Lubbock County to serve as County Magistrates are hereby appointed by the City of Lubbock to serve jointly as temporary substitute judges for the Lubbock Municipal Court of Record: Enrique Martinez Dwight McDonald Melissa McNamara Patricia Moseley Travis Sandoval Jaret Greaser Tonya Boucher Conn Kevin Hart Roland Rivera Section 2. THAT any person named above shall serve as a temporary substitute judge of the Lubbock Municipal Court of Record at the pleasure and discretion of the Lubbock Municipal Judge. Section 3. THAT any person named above shall serve as a Lubbock County Magistrate at the pleasure and discretion of Lubbock County, Texas. Section 4. THAT the above -named persons shall be compensated in accordance with the terms of the Interlocal Agreement Between Lubbock County and the City of Lubbock for Joint Magistration Services. Passed by the City Council on March 22, 2022 DANIEL M. POPE, MAYOR ATTEST: Reb t ca Garza, City Sec ary AS Y CONTENT: Hon. Jorge Hernandez, Municipal J Resolution No. 2019-RO426 Resolution No. 2022-RO146 Interlocal Agreement between Lubbock County and the City of Lubbock for Joint Magistration Services STATE OF TEXAS § COUNTY OF LUBBOCK § Under the authority of Texas Government Code Chapter 791, this Interlocal Agreement (hereinafter referred to as the "Agreement") is made and entered into by and between the County of Lubbock, Texas, a body corporate and politic under the laws of the State of Texas (hereinafter referred to as the "County"), and the City of Lubbock, a political subdivision of the State of Texas (hereinafter referred to as the "City"), collectively referred to as the "Parties." WHEREAS, City and County have each determined that it would be mutually beneficial for County to provide booking and detention services for City's arrestees; and WHEREAS, City and County have each determined that it would be mutually advantageous for City and County to provide joint magistration services for arrestees in the Lubbock County Detention Center; and Now, therefore, City and County agree as follows: 1. Definitions. As used in this Agreement: 1.1 "Lubbock County Detention Center" means the facility located at 3502 North Holly, Lubbock, Texas 79403, which is under the direct control of the Lubbock County Sheriff and designed primarily for the purpose of intake processing and confining arrestees. 1.2 "Magistration" means the performance of that duty of a Texas magistrate or associate judge to inform an arrestee of accusations and rights, allow access to counsel and admitto bail asprovided by law, issue commitment orders, review probable cause affidavits for arrest and search warrants, issue protective orders, and perform other judicial duties authorized by law. An arrestee has been "magistrated" on a charge when, following arrest on the charge, the arrestee has been taken before a magistrate who has performed the duties prescribed by Article 15.17 of the Code of Criminal Procedure with regard to said charge. 1.3 "Joint Magistrate(s)" means a magistrate(s) appointed by both the Lubbock County Board of Judges and City Council to perform services pursuant to this Agreement. 2. Effective Date, Tenn and Termination. 2.1 This Agreement will have an effective date of October 1, 2019. 2.2 The Term of this Agreement will commence on October 1, 2019, andwill continue through September 31, 2021, unless earlier terminated by either Party in accordance with Lubbock County and City of Lubbock Joint Magistration Agreement Page I of 7 this Agreement or applicable law. The Parties may agree to extend the initial term of this Agreement. Magistration Services. 3.1 It is agreed that City and County will jointly provide magistration services and perform other judicial duties as required at the Lubbock County Detention Center to both City and County arrestees. City and County will require Joint Magistrates to record the exact time at which magistration for each arrestee is completed. It is also agreed that County will provide all support services for City's and/or County's magistration and/or other judicial duties, including, but not limited to, interpreter services. Notwithstanding the foregoing, both Parties to this Agreement acknowledge that the Justices of the Peace and other judges and certain other officials retain the powers of their respective offices to provide magistration services in the event these services are needed in lieu of magistration by City's Municipal Court judges. Joint Magistrates may accept pleas from defendants and assess fines and costs in appropriate cases for offenses within the jurisdiction of the City of Lubbock's Municipal Court. 3.2 Joint Magistrates will provide magistration services and/or perform other judicial duties at the Lubbock County Detention Center at times established by the County. Courtroom activities will be given priority by magistrates and/or associate judges. 3.3 County will be responsible for providing such access to magistration proceedings and/or other judicial services by attorneys and members of the public as may be required by law. 3.4 Parties expressly acknowledge and agree that the Lubbock County Sheriff retains the right to manage the inmate population. 3.5 City agrees to reimburse County for the joint magistration services described herein. City will pay County a monthly installment in the amount of $4,500.00 no later than three business days following the first City Council meeting of each month in which this Agreement is in effect. The first payment shall be made no later than three days after this Agreement is approved by the City Council. In the event this Agreement is terminated for any reason, City agrees to reimburse County for any outstanding costs for magistration and/or other judicial services rendered as of the date of termination. Joint Magistrates will be compensated in accordance with the rates established by the Lubbock County Board of Judges. County agrees to compensate Joint Magistrates at this amount in accordance with County's normal payroll cycle. Payment will be directed to the address or direct deposit information of the City judge on file with the Lubbock County Auditor's Office. 3.6 City will be responsible for reimbursing reasonable costs, not to exceed $10,000.00 per fiscal year, of continuing legal education classes for Joint Magistrates, including any books and materials required by City upon written invoice and as approved by the City of Lubbock Municipal Court presiding judge. Lubbock County and City of Lubbock Joint Magistration Agreement Page 2 of 7 3.7 The number of Joint Magistrates required to meet the magistration needs pursuant to this Agreement will be determined by County. Magistrates will seek initial appointment by County's Board of Judges. Upon approval of County's Board of Judges, County will inform City of the proposed Joint Magistrate(s) and request City Council approval. Any magistrate who performs magistration services pursuant to this Agreement must be approved by both the City Council and the County's Board of Judges, and must reside within the then current city limits of Lubbock, Texas. Either Party may, in their discretion and at their cost, appoint a magistrate or associate judge for duties other than for services found herein; however, any magistrate or associate judge appointed by one Party for duties other than for services found herein shall not perform or be compensated for services for or from the other Party. 3.8 Subject to any applicable laws, such as the Texas Open Meetings Act, the City Council and/or the County's Board of Judges may deem a Joint Magistrate ineligible or unqualified to perform the magistration duties required by law and/or this Agreement, and Parties shall notify the other of any Joint Magistrate's ineligibility or disqualification. If a Joint Magistrate, after being approved by the City Council and the County's Board of Judges, no longer resides within the then current city limits of Lubbock, Texas, the magistrate will be unable to perform joint magistration services pursuant to this Agreement. If a magistrate is no longer approved by both the City Council and the County's Board of Judges, the magistrate will also be unable to perform magistration services pursuant to this Agreement. 3.9 Notwithstanding Section 3.8 of this Agreement, the City Council and the County's Board of Judges will formally review the list of magistrates in October of even -numbered years, and will inform the other Party of any requested changes to the list of then approved magistrates. The City Council and the County's Board of Judges agree to appoint approved Joint Magistrates in December of even numbered years. 4. City Use of County Space. 4.1 County will allow City to use designated space within the Lubbock County Detention Center to provide magistration services and/or perform other judicial duties. County will allow City to use associated office space for arrest review, report writing, and other judicial duties, as needed. The access to and type of access to the Lubbock County Detention Center is subject to the approval of the Lubbock County Sheriff. 4.2 City and County agree that any future additional space needs by either Party will be jointly planned and will be subject to funding by both City and County. 4.3 Joint Magistrates may provide magistration services and/or perform other judicial duties via electronic mediums, such as video magistration. Unless otherwise agreed upon by the Parties, any Party who desires to perform magistration services via an electronic medium will bear the costs of providing magistration services in that medium. Lubbock County and City of Lubbock Joint Magistration Agreement Page 3 of 7 Maintenance, Utilities, and Renovations. 5.1 County will provide maintenance, housekeeping, utility service, and garbage pickup for the space used for magistration, arrest review, and other judicial duties, as needed. The County will provide all furnishings within the designated courtroom space at the Lubbock County Detention Center and will be responsible for maintenance and replacement of the same. Furnishings means all office furniture, office equipment and supplies, and includes but is not limited to, word/data processing equipment, desks, chairs, filing cabinets, bookcases, andtables. 5.2 City shall make no renovation, alteration or repair to County buildings, fixtures, or furnishings without prior authorization from the Lubbock County Sheriffs Office and the Lubbock County Commissioners Court. 6. Liability. The purpose of this Agreement is only to set forth the rights and duties of the Parties with regard to the governmental function or services described. This Agreement does not create any right, benefit, expectation, warranty, promise, or cause of action for any other person or entity who is not a party to this Agreement. By executing this Agreement, no Party waives, or will be deemed to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Each Party will be solely responsible for any attorney fees, costs, loss, damages, injury, or death to others or their property arising out of or related to the acts or omissions only of the Party's employees or agents and not those of any other Party. 7. Records. City and County agree to allow access to and mutual inspection of any and all records relevant to providing magistration services and/or performing other related judicial duties, excluding City and County internal memoranda and files otherwise exempted by law from public disclosure. 8. Current Revenue. Both the Party performing a service and the Parties paying for the performance of governmental functions or services will, respectively, render performance and make payments from current revenues legally available to the Party. If City or County does not appropriate or otherwise receive funds sufficient to maintain the services set forth in this Agreement, then either Party may unilaterally terminate this Agreement effective on the final day of the fiscal year through which the Party received funding. Lubbock County and City of Lubbock Joint Magistration Agreement Page 4 of 7 a TO 11. 12. 13. 14. Severability. If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid, or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, will not be affected thereby, and will be valid and enforceable to the fullest extent permitted by law. No Partnership. This Agreement is not intended to create and does not create a partnership or joint venture between the parties. Venue and Governing Law. The construction, interpretation, and performance of this Agreement and all transactions under it shall be governed by the domestic laws of the State of Texas, and any suit regarding this Agreement must be filed in the District Courts of Lubbock County, Texas. Termination. Either Party may terminate the Agreement by giving the other Party thirty days written notice of its intent to terminate. The thirty day notice will be calculated from the date the notice is sent. Manner of Notices. Any notice, termination, demand, request, approval, or other communication (a "Notice") which, under the terms of this Agreement or by law, must or may be given by either Party, must be in writing, and must be given by personally delivering, by electronic mail, or mailing the same by certified mail, return receipt requested, to the respective parties as follows: City: Daniel M. Pope (or his successor) Mayor of City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 dpope@mylubbock.us Interlocal Agreement Conditions. County: Curtis Parrish (or his successor) Lubbock County Judge 904 Broadway, Suite 101 Lubbock, Texas 79401 cparrish@co.lubbock.tx.us The Parties hereto find that (a) the services performed by each of them are necessary and authorized for activities that are properly within their statutory functions and programs; (b) Lubbock County and City of Lubbock Joint Magistration Agreement Page 5 of 7 they have the authority to contract for the services; (c) they have all necessary power and have received all necessary approvals to execute and deliver this Agreement; and (d) the representatives signing this Agreement on their behalf have authority from their respective governing bodies to sign this Agreement. 15. Entire Agreement. This Agreement embodies the entire agreement between the parties hereto relative to the subject matter hereof. No amendment, alteration, modification of, or addition to this Agreement will be valid or binding unless expressed in writing and signed by both Parties. Executed this 19th day of November COMMISSIONERS COURT OF LUBBOCK COUNTY, TEXAS: Curtis Parrish, Cdbnty Judge 16-28.1G ATTEST: Kelly in n, County Clerk APPROVED Lubbockto6nty Sheriff's Office 2019. CITY OF LUBBOCK: Daniel M. Pope, Mayor ATTEST: OA Rqee ca Garza, 6ty Secre Fy Lubbock County and City of Lubbock Joint Magistration Agreement Page 6 of f Luizts & County Board of Judges APPROVED AS TO FORM: 0j.,v Assistant District Attorney APPROVED AS TO FORM: Lubbock County and City of Lubbock Joint Magistration Agreement Page 7 of 7