The URL can be used to link to this page

Home My WebLink About023766 ORD - 09/14/1999AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 29, MUNICIPAL COURTS, BY AMENDING SECTION 29-19, WARRANT OF ARREST AND BY ADDING SECTION 29-49, CITY MARSHALS, TO CREATE THE POSITIONS OF CITY MARSHAL, DEPUTY CITY MARSHAL, AND DEPUTY CITY MARSHAL TRAINEE FOR THE MUNICIPAL COURT OF THE CITY; AMENDING ORDINANCE 3658, AS AMENDED, SUBSECTION 257, ADDING CITY MARSHAL, DEPUTY CITY MARSHAL AND DEPUTY CITY MARSHAL TRAINEE POSITIONS TO THE CLASSIFICATION PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, state law provides that all legal process issuing out of a municipal court shall be served by a police officer or marshal of the city; WHEREAS, the City wishes to create the position of city marshal, deputy city marshal and deputy city marshal trainee to effect the efficient and economical service of municipal court process; and WHEREAS, it is necessary to clearly delineate the specific duties of the city marshal, deputy city marshal and deputy city marshal trainee. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That Section 29-19 of the City Code of Ordinances is amended as follows: Section 29-19. Warrant of arrest. If a person against whom a complaint is filed in municipal court fails to appear in munici.al court or fails to com•l with an order issued b the munici.al court 'ud•e and if such person is not in the custody of an officer or other person authorized to make an arrest, a warrant shall may be issued by the ad„� eti teattn of the emu t ajudge of municipal court directed to the chief of police, or any pelieemar3 police officer, city marshal or deputy city marshal of the city, commanding the chief of police, er eeman police officer, city marshal or deputy city marshal to forthwith arrest the person named or described in the warrant and bring him forthwith before a judge of municipal court for a hearing upon the complaint. SECTION 2. That the City Code of Ordinances, Chapter 29, Municipal Courts, is amended by the addition of the following section: Section 29-49. City marshals. LOA\ord 1.095 023766 1 (A)Creation and qualifications. a) The positions of city marshal and deputy city marshal for the Municipal Court of Corpus Christi Texas are hereby created. Hereafter within this section 29-49, the term "city marshal" or "city marshals" shall mean the city marshal and deputy city marshals. The city marshal shall be certified as a Licensed Peace Officer by the Texas Commission on Law Enforcement Officer Standards and Education. The city marshal shall not be a "police officer" as that term is defined in Chapter 143 or Chapter 174, Texas Local Govemment Code. There may be more than one city marshal employed at any time. a) The .osition of det cit marshal trainee for the Munici.al Court of Cor us Christi. Texas is hereby created. There may be more than one deputy city marshal trainee employed at any time. The deputy city marshal trainee shall not be a "police officer" as that term is defined in Chapter 143 or Chapter 174, Texas Local Government Code. Hereafter within this section 29-49 the term "trainee" shall mean the deputy city marshal trainee. The trainee will have one year from employment as trainee to obtain certification as a Licensed Peace Officer by the Texas Commission on Law Enforcement Officer Standards and Education. Upon such certification within one year, the trainee will be classified as a deputy city marshal. If the trainee does not obtain such certification within the one year period because the certification classes were not offered within the city limits within the one year period, then such individual may. at the discretion of the Municipal Court Administrator, be granted an extension to enroll in classes necessary to obtain such certification. The length of the extension shall be determined by the Municipal Court Administrator. A trainee who does not obtain such certification within the one year period will cease to be employed as a trainee unless an extension has been granted in accordance with this section. A trainee who does not obtain such certification within an extension period will cease to be employed as a trainee. (B) Supervision. The municipal court administrator shall supervise the city marshals and trainees. (C) Duties and jurisdiction of city marshals. The duties of the city marshals are strictly limited as follows: (1) To execute warrants of arrest sub.oenas and other le al .rocess i ssuin out of the municipal court. within the city limits. (2) To serve as court bailiffs in the municipal court: and (3) To perform such duties as assigned by the municipal court administrator. The city marshals shall perform all assigned duties acting under the direction of the municipal court administrator and in accordance with written guidelines developed by the municipal court administrator. However the city marshals shall perform court bailiff duties acting under the direction of the municipal court judges. The city marshals shall LOA\ord 1.095 2 not wear the city marshal uniform off-duty. The city marshals shall not be assigned the duties which are presently assigned to the police department of the City. (D) Duties of trainees. The duties of the trainees are strictly limited as follows: U To serve as court bailiffs in the municipal court; and (21 To .erform such duties as assigned b the munici al court administrato The trainees shall perform all assigned duties acting under the direction of the municipal court administrator and in accordance with written uidelines develo.ed b the munici sal court administrator. However, the trainees shall perform court bailiff duties acting under the direction of the municipal court judges. The trainees shall not wear the trainee uniform off-dut The trainees shall not be assi!ned the duties which are .resentl assigned to the police department of the City. (E) Authority. The city marshals shall be certified by the State of Texas as peace officers. The city marshals shall have .olice authorit onl when exercisint their assi ned duties within the city limits. The city marshals shall have no off-duty police authority. The trainees shall have no police authority_ (F) Civil service status. The city marshals and trainees are not members of the police department of the City and shall not be subject to the provisions of Chapter 143 or Chapter 174 of the Texas Local Government Code. If any court of competent jurisdiction should determine that the position of city marshal or trainee is subject to Chapter 143 or Chapter 174 of the Texas Local Government Code or to an other statute e overnin civil service or collective bargaining then such position is automatically abolished on the date any such opinion becomes final and non -appealable, and this section shall automatically be null and void on said date. SECTION 3. That Ordinance 3658, as amended, Subsection 257, is amended by adding the city marshal, deputy city marshal, deputy city marshal trainee positions to the Classification Plan for All Positions in the Classified Service as follows: Job Code Job Title Job Grade ANI160 Deputy City Marshal Trainee Grade 18 ANI170 Deputy City Marshal Grade 24 ANS180 City Marshal Grade 28 SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the LOA\ord 1.095 3 efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shal take effect upon first reading as an emergency measure this the a of 99. ATTEST: Armando Chapa, City Secretary Legal form approved on By: X—rr THE CITY OF CORPUS CHRISTI atnuel L. Neal, r ayor /0 , 1999; James R. Bray, Jr., City Attorney Lisa Aguilar Assistant City Attorney LOA\ord 1.095 4 Corpu Christi, Texas �C"l day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1999. For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Samuel L. Neal, Jr.,' ayor THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: I I /1 1 Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Betty Jean Longoria John Longoria Rex A. Kinnison Mark Scott LOA\ordl .092 September 10, 1999 023 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3097991 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice - President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller - Times and on the World Wide Web on the Caller -Times Interactive on the 20TH day(s) of SEPTEMBER, 1999. TWO (2 ) Time(s) $70.70 Flo. Oa3go Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of SEPTEMBER 21, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01. Corpus Christi Caller -Times, Monday, September 20, 1999 PA OF ORDINANCE NO. 023766 Ordinance amending the Code of Ordinances, Chapter 29, Municipal Courts, by amending Section 29-19, Warrant of Arrest and by adding Section 29-49, City Marshals, to create the positions of City Marshal, Deputy City Marshal, and Deputy City Marshal Trainee for the Municipal Court of the City; amending Ordinance 3658, as amended, Subsection 257, adding City Marshal, Deputy City Marshal and Deputy CityMarshal Trainee positions to the Classification Plan for all positions in the classified service. This ordinance was passed and approved by the City Council of the City of Corpus Christi on September 14, 1999. /s/ Armando Chapa City Secretary City of Corpus Christi