Ord. No. 770 — AMENDMENTS TO ARTICLE 35, CITY COURT

ORDINANCE NO. 770 [AMENDMENTS TO ARTICLE 35, CITY COURT]

Adopted by City Commission ..... | Aug. 25, 1970 Referendum Election ..... | Nov. 3, 1970 Certified by Election Commission AN ORDINANCE TO AMEND THE CHARTER, CITY OF MEMPHIS, SAME BEING CHAPTER 11 OF THE ACTS OF 1879, AS AMENDED, PURSUANT TO THE PROVISIONS OF ARTICLE 11, SECTION 9, OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT) SO AS TO ESTABLISH POSITION OF ADMINISTRATIVE JUDGE, CITY COURTS, AND TO SET FORTH DUTIES OF SUCH OFFICIAL, AND TO PROVIDE FOR APPOINTMENT OF CITY COURT CLERK AND DEPUTY CLERKS BY THE CITY JUDGES, WITH PROVISIONS FOR SALARIES OF SAID JUDGES AND CLERKS; AND TO SUBMIT THE PROPOSED ORDINANCE TO THE QUALIFIED VOTERS OF THE CITY OF MEMPHIS AT THE FIRST GENERAL ELECTION TO BE HELD NOVEMBER 3, 1970. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, That the present Charter of the City of Memphis consisting of the provisions of the Acts of the State of Tennessee for the year 1879, Chapter 11, as amended, be and the same is hereby amended as follows: Section 1. By adding to Article 35, City Court, new sections as follows: "Sec. 253.4. Administrative Judge. There shall be an Administrative Judge of the City Court, who shall, upon the City Judges' taking office, be appointed by the Mayor with the approval of the City Council. During the interim prior to the next general election, the Mayor shall appoint, with approval of the City Council, an Administrative Judge. In the event the Administrative Judge is incapacitated, the Mayor shall appoint, with approval of the City Council, an interim Administrative Judge. "Sec. 253.5. Duties of administrative judge. The duties of said administrative judge shall be as follows: (1) Preside at en banc sessions of the Court; (2) Appoint special judges; (3) Promulgate and publish rules of the Court; (4) Assign cases to the divisions; (5) Have direct supervision and control over the Clerk and the Clerk's office, including supervision of the preparation and filing of judicial statistics required by law or court rule; (6) Prepare with the advice of the other judges a budget for the City Courts to be submitted to the Mayor whose duty it shall be to add the budget as submitted by the judges to the operating budget of the City of Memphis and submit same to the Council for approval or amendment as now provided by law for the operating budget of the City of Memphis; (7) Request or convene conferences of judges, prosecutors and clerks to consider the status of judicial business and to expedite and improve procedures in the administration of justice; (8) In all administrative matters carry out the directives of a majority of the City Court Judges; (9) Such other duties as the Council may by ordinance prescribe." Section 2. BE IT FURTHER ORDAINED, that Article 35 of said Charter be further amended by deleting Section 254, salary of judges, as it presently appears, and substituting in lieu thereof the following: "Sec. 254. Salaries of Judges. The salaries of the City Court Judges shall be a minimum of $16,000.00 per annum; provided, however, that the administrative judge shall receive a minimum of $600.00 per annum in addition. The salaries shall become effective on the approval of this provision and may not be diminished during the term of office of said City Court Judges; provided, however that the salaries as provided for in the budget of the City Court may be increased effective the beginning of the fiscal year covered by that budget." Section 3. BE IT FURTHER ORDAINED, that Section 258 of Article 35 of said Charter be amended by striking the word "Mayor" in the first sentence and substituting in lieu thereof the words "administrative judge." Section 4. BE IT FURTHER ORDAINED, that Article 35 of said Charter be further amended by deleting Section 260, as it presently appears, and substituting in lieu thereof the following: "Sec. 260. City Court Clerk. After the next City election, the City Court Clerk shall be appointed by a majority vote of the City Court Judges and may be removed for cause. The Clerk may within ten (10) days appeal his dismissal for cause to the Council for final decision. The number of Deputy Clerks shall be determined by a majority vote of the City Court Judges. The Deputy Court Clerks and all other employees of the City Court Clerk's office shall remain in Civil Service status and be certified to the Judges for appointment pursuant to Civil Service rules and regulations. The salaries of the City Court Clerk and all employees of the City Court Clerk's office shall be fixed by the Council. The City Court Clerk, the Deputy City Court Clerks and the City Court Clerk's office are to be under the immediate supervision of the administrative judge, who shall determine their duties." Section 5. BE IT FURTHER ORDAINED, that Article 35 of said Charter be amended by deleting Sections 253.3, 263 and 263.1. Section 6. Nonconflicting, conflicting laws. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Memphis, not in conflict with this amendatory Home Rule Ordinance, be, and the same are continued in full force and effect, and all laws in conflict therewith are hereby repealed. Section 7. Severability. BE IT FURTHER ORDAINED, that if any clause, sentence, paragraph, section or part of this ordinance shall be held or declared to be unconstitutional or void, it shall not affect the remaining parts of this ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this ordinance notwithstanding the parts so held to be invalid, if any. Section 8. Publication of home rule amendment. BE IT FURTHER ORDAINED, that the Comptroller be, and he is hereby directed, to cause this proposal (ordinance) to be published pursuant to the provisions of Article 11, Section 9, of the Constitution of the State of Tennessee. Section 9. Proposal and preference. BE IT FURTHER ORDAINED, that the Comptroller be, and he is hereby directed, to deliver a copy of this ordinance to the Shelby County Election Commission, together with a suggested proposal and the following form of preference to be placed on the ballot in an election to be held on the 3rd day of November, 1970. REFERENDUM ON HOME RULE AMENDMENT TO CHARTER OF THE CITY OF MEMPHIS AMENDING ARTICLE 35 OF THE SAID CHARTER SO AS TO ESTABLISH OFFICE AND DEFINE DUTIES OF AN ADMINISTRATIVE JUDGE OF CITY COURT, AND PROVIDING FOR APPOINTMENT AND SUPERVISION OF CITY COURT CLERK AND DEPUTIES BY THE CITY COURT JUDGES WITH PROVISIONS FOR SALARIES OF SUCH JUDGES, CLERK AND DEPUTIES. An ordinance of the City of Memphis adopted on the 25th day of August, 1970, providing for a referendum on a Home Rule Amendment to the Charter of the City of Memphis so as to establish office and define duties of an administrative judge of City Court, and providing for appointment and supervision of City Court Clerk and deputies by the City Court Judges with provisions for salaries of such judges, clerk and deputies. FOR | (YES) _____ AGAINST | (NO) _____ Section 10. Effective Date. BE IT FURTHER ORDAINED, that this ordinance shall take effect from and after the date it shall have been passed by the Council of the City of Memphis, signed by the Chairman of the Council, certified and delivered to the office of the Mayor in writing by the Comptroller and become effective as otherwise provided by law. MRS. WELLS AWSUMB, Chairman of Council. ATTEST: DAVID R. HOPPER, Comptroller.