To: Mayor and City Council
From: Mark R. Hafner, City Manager
Subject:
Title
Consider an ordinance appointing a Municipal Court Judge and Associate Judge for the Municipal Court of Record for the City of Keller, Texas, for a term of three (3) years, effective January 1, 2024.
Background:
In 2012, the Cities of Keller and Colleyville entered into an Interlocal Agreement to establish combined municipal court operations pursuant to HB 984 which states "A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose."
The City of Keller Municipal Court of Record was created pursuant to Chapter 30, of the Texas Government Code, and Section 30.006(b) of the Texas Government Code provides that Municipal Courts of Record must have their Judges appointed by an ordinance of the City Council. In 2021, a Municipal Court Review and Selection Committee consisting of the Mayors and two City Council Members from both Keller and Colleyville conducted interviews of candidates for the position. The Committee recommended Carol Montgomery as Regional Municipal Court Judge, for a two-year term effective December 1, 2021 through December 1, 2023. Ordinance 2041 formalized the City of Keller appointment.
The two cities have agreed to extend the contract with Carol Montgomery for a three-year term effective January 1, 2024 through December 31, 2026. The proposed Ordinance complies with the requirement of Section 30.006(b) and formalizes the appointment of Carol Montgomery as the City of Keller Municipal Court Judge for the City of Keller Municipal Court of Record to serve January 1, 2024 through December 31, 2026.
In addition to appointing the municipal judge, the proposed ordinance will amend the Code of Ordinances Chapter 2 - Administration Article XIV. - Municipal Court of Record Section 2-1420 (a) to allow for a three (3) year term. The current language reads “The judges of the municipal court of record shall be appointed by the governing body of the city for a term of two (2) years,” and will be amended to read “The judges of the municipal court of record shall be appointed by the governing body of the city for a term of three (3) years.”
Additionally, per the attached Exhibit "A" of the Interlocal Agreement, it is the responsibility of the appointed Municipal Court Judge to propose a temporary replacement(s), who shall perform the duties of the Municipal Judge in the absence of the Judge. In accordance with the Interlocal Agreement Exhibit “A”, Judge Montgomery submits the name of Lindsay Kinzie as City of Keller Associate Municipal Court Judge for the City of Keller Municipal Court of Record to serve January 1, 2024 through December 31, 2026
Financial Impact:
Funding for the annual salary of the Regional Municipal Court Judge is available in the Fiscal Year 2023-24 Municipal Court budget, as contained in the Interlocal Agreement for Combined Municipal Court Services for the cities of Keller and Colleyville.
Legal Review:
The City Attorney reviewed this ordinance.
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial
Council Action:
Staff forwards this ordinance for City Council’s approval.