HomeMy WebLinkAboutOrdinance - 2020-O0021 - Municipal Court Judge Exclusive Authority Over Staff - 02/11/2020 First Reading Second Reading
January 28,2020 February 11, 2020
Item No. 7.19 Item No. 7.21
ORDINANCE NO. �mn_�nml
AN ORDINANCE AMENDING ARTICLE 1.07 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE
MUNICIPAL COURT OF RECORD BY ADDING SECTION 1.07.011 TO PROVIDE
FOR APPOINTMENT, SUPERVISION AND REMOVAL OF THE MUNICIPAL COURT
CLERK AND THE HIRING, SUPERVISION AND REMOVAL OF OTHER COURT
PERSONNEL; PROVIDING DIRECTION TO THE CITY MANAGER; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, in accordance with Subchapter B of Chapter 30 of the Texas
Government Code, the City of Lubbock has established a.Municipal Court of Record in
Article III of the Lubbock City Charter; and
WHEREAS, Article III of the Lubbock City Charter mandates that the Municipal
Court of Record shall operate in conformance with all applicable laws; and
WHEREAS, Section 30.00044 of the Texas Government Code provides that the
Municipal Court Judge for the City of Lubbock is elected by the qualified voters of the City;
and
WHEREAS, Section 30.00009(c) of the Texas Government Code mandates that the
Municipal Court clerk and other Court personnel shall perform their duties under the
direction and control of the presiding judge of the municipal court of record, which is the
elected Municipal Court Judge for the City of Lubbock; and
WHEREAS, Sections 30.00009(a) and (d) of the Texas Government Code require
the City Council to enact an ordinance to provide for the appointment of a municipal court
clerk and the hiring, direction, supervision and removal of Municipal Court Personnel; and
WHEREAS, the City Council of the City pf Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to make the following
amendments to Article 1.07 of the Code of Ordinances with regard to the appointment,
supervision and removal of the .municipal court clerk and the hiring, supervision and
removal of other court personnel; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock, Texas, is
hereby amended by adding a section, to be numbered 1.07.011, which section reads as
follows:
Sec. 1.07.011. Municipal Court Clerk, other personnel.
(a) The municipal court judge has the exclusive authority to appoint, supervise,
and remove a clerk of the municipal court of record in accordance with the
City of Lubbock Employee Policy Manual. The municipal clerk shall
perform his or her duties under the exclusive direction and control of the
presiding judge. The municipal court clerk shall keep the records of the
municipal courts of record, issue process, and generally perform the duties
that a clerk of a county court at law exercising criminal jurisdiction performs
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for that court. In addition, the municipal court clerk shall maintain an index
of all court judgments in the same manner as county clerks are required by
law to prepare for criminal cases arising in county courts. The clerk shall
perform his or her duties in compliance with state and federal statutes, the
city charter and city ordinances.
(b) The municipal court judge has the exclusive authority to hire and remove any
other municipal court personnel as needed for the proper operation of the
municipal court of record and as authorized in the annual budget for the
municipal court of record. Such municipal court personnel shall perform
their duties exclusively under the direction, supervision and control of the
municipal court judge and shall be subject to disciplinary action exclusively
by the municipal court judge at his or her discretion. All employment actions
taken pursuant to this subsection shall be conducted in accordance with the
City's Employment Policy.
(c) The municipal court judge and the city manager shall agree to a process in
compliance with Section 5.05 of the City's Employment Policy for all
employees under the authority of the city manager.
SECTION 2. THAT the City Manager is hereby directed and ordered to enact all
necessary policies in order to execute all provisions of this Ordinance.
SECTION 3. THAT should any paragraph, section, clause, please or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance as
an alternative means of publication provided by law.
AND IT IS SO ORDERED. ---
Passed by the City Council on first reading this 28th day of January , 2020.
Passed by the City Council on second reading this lith day of February , 2020.
DANIEL M. POPE, M YOR
ATTEST:
Reb cca Garza, City Se retar
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APPROVF CONTENT:
Jorge Hernandez, Municipal ourt Judge
APPROVED AS TO FORM:
Amy L/ s; eputy City Atto
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