Loading...
HomeMy WebLinkAbout1020 - Municipal Judge Appoinment-FergusonBILL NO. 2010-044 ORDINANCE NO. / AN ORDINANCE CONFIRMING THE APPOINTMENT OF MARK M. FERGUSON BY MAYOR PRO TEM BERNIE BRUNS AS MUNICIPAL JUDGE OF THE CITY OF RIVERSIDE, MISSOURI FOR A TWO YEAR TERM PURSUANT TO CHAPTER 130 OF THE MUNICIPAL CODE WHEREAS, City of Riverside Municipal Judge Thomas C. Fincham was appointed by the Governor to serve as the Associate Circuit Judge of the Sixth Circuit; and WHEREAS, due to such appointment, Judge Fincham has resigned his position as Municipal Judge for the City of Riverside; and WHEREAS, the City established a process to evaluate potential candidates, advertised the open position on the City website and with the Missouri Bar Association, and requested interested persons to submit a resume and letter of interest; and WHEREAS, Chapter 130 of the City Code provides for the appointment of the municipal judge by the Mayor with confirmation by the Board of Aldermen; and WHEREAS, the Mayor declared a conflict of interest under Section 105.454 RSMo. from participating in the selection of the municipal judge due to a resume and letter of interest submitted by an attorney whose law firm does business in excess of $5,000 per year with a company owned by the Mayor; and WHEREAS, due to such conflict of interest the Mayor recused herself from participating directly or indirectly in the interview process and appointment of the municipal judge; and WHEREAS, following the declaration of conflict of interest by the Mayor, Mayor Pro Tem Bernie Bruns assumed the role of the Mayor, reviewed the resumes submitted and interviewed applicants using a committee comprised of himself and two additional aldermen; and WHEREAS, the Mayor Pro Tem desires to appoint Mark M. Ferguson to a two year term as Municipal Judge; and WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of the City of Riverside that the appointment of Mark M. Ferguson as Municipal Judge for an a term of two years be confirmed and approved; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 -APPOINTMENT. The appointment of Mark M. Ferguson as Municipal Judge of the City of Riverside, Missouri for a term of two (2) years, or until such time as a successor is duly appointed and qualified, is hereby confirmed. SECTION 2 -SALARY AND BENEFITS. The salary for the position shall be $17,840.00 annually. The position shall be part time and no additional benefits are provided. F:~BOA Meetings~BOA Packets~2010~2010-06-222010-044 Ord Municipal Judge Appointment.doc 1 BILL NO. 2010-044 ORDINANCE NO. I D~ D SECTION 3 - SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 4 -EFFECTIVE DATE. This ordinance shall be in full force and effect Friday, June 25, 2010. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor Pro Tem of the .City of Riverside, Missouri, this ~.~ "-°day of ~u.NE , 2010. ~, a ATTEST:A Bernie Bruns, Mayor Pro Tem -c= Robin Littrell, City Clerk Approved as to Form: omp n, City Attorney F:~BOA Meetings~BOA Packets12010~2010-06-222010-044 Ord Municipal Judge Appointment.doc 2 CITY OF RIVERSI [~J~ MISSOURI Upstream from ordinary. Request for Board Action Date: June 22, 2010 Bill/Resolution No. 2010-044 To: Mayor and Board of Aldermen From: Nancy Thompson, City Attorney Analysis: Judge Fincham was appointed as Associate Circuit Judge in Platte County by Governor Nixon, creating a vacancy in the City's Municipal Court. Staff solicited qualifications from persons interested in filling the vacancy. Lawyers interested in the position were requested to submit a letter of interest along with a resume and contact information for three professional references. Section 130.030 of the City Code provides the appointment of the municipal judge is performed by the Mayor with consent and approval of a majority of the Board of Aldermen. During the process of accepting applications for the position, the City received a letter of interest and resume from Mark Ferguson to be appointed as the municipal judge. Mayor Rose has a business relationship with Mr. Ferguson's law office, which is a statutory conflict of interest prohibiting her from considering the application or making the appointment. Once Mayor Rose recused herself from the decision-making process, Mayor Pro Tem Bernie Bruns acted in the place of the Mayor on all matters relating to the appointment. At the time the Board of Aldermen packets were assembled, Mayor Pro Tem Bruns was still reviewing the applications received for the position and considering the most qualified person to appoint to the position. Accordingly, the materials in the packet contain a blank line for his recommended appointee. Once the recommendation becomes available, the Board will be advised and the name will be inserted into the appointing ordinance. City ordinances provide that the appointment is for a two year term.