Item # 6 - Municipal Court Appointments.

Municipal Court Appointments

1. CITY OF ALAMO HEIGHTS
ADMINISTRATION DEPARTMENT
CITY COUNCIL AGENDA MEMORANDUM


TO: Mayor and City Council

FROM: Buddy Kuhn, City Manager

SUBJECT: Consideration of a Resolution for the Appointment of Judges and
Prosecutor(s) to the Alamo Heights Municipal Court

DATE: February 26, 2024

SUMMARY
The Presiding Municipal Court Judge Joseph H. Vives has tendered is retirement notice
with the City of Alamo Heights after 40 years of service effective February 16, 2024.
Staff is seeking approval of a resolution appointing a New Presiding Judge, a New
Associate Judge and a New Prosecutor(s) to the Alamo Heights Municipal Court for a
term of two years effective March 01, 2024.

BACKGROUND INFORMATION
The Municipal Court is made up of two Judges, one Presiding and one Associate as well
as a Prosecutor and an Alternate Prosecutor. Municipal court is held twice monthly on
Friday mornings. These positions are recommended by the City Manager and formally
approved at the discretion of the Mayor and City Council. The recommended
appointments are as follows:

Carl Oliver – From Associate Judge to – Presiding Court Judge
Mr. Oliver has served the City of Alamo Heights as an Associate Judge since March
1998. He is a current resident of Alamo Heights and continues to work in his existing law
practice and is active in the community.

Michael Holland – From Prosecutor to - Associate Judge
Mr. Holland has served as the Prosecutor for the Alamo Heights Municipal court since
May of 2003 and works in his law practice as a labor attorney. Mike is a current resident
of Alamo Heights and has served the community at many levels including as an Alternate
on the BOA boards as well as a city councilman for Place 2 ending in 2001.

Pedro Webber – New to the court to - Prosecutor
Mr. Webber is an Associate Attorney at a local law practice and has experience as a trial
lawyer, work as a prosecutor for Bexar County DA’s office prosecuting a wide range of
cases in both adult and juvenile court from low-level misdemeanors to enhanced felonies.
He is a graduate of Churchill High School. Mr. Webber completed his undergraduate
degree at UTSA and earned his Juris Doctor degree from St. Mary’s University School of
Law.

Mr. Webber was interviewed by the City Manager and Judge Oliver and he has also done
a few fill-in dates in the AH municipal court in Mr. Holland’s absence. Mr. Holland has
also worked with Mr. Webber in the past. The City Manager, Judge Oliver and
Prosecutor Holland unanimously recommend Mr. Webber to council for consideration
and approval.

2. Dwight Chumbley – Alternate Prosecutor
Mr. Chumbley is currently the lead prosecutor for the City of Terrell Hills and will serve
as an alternate prosecutor in the absence of Mr. Webber. Mr. Chumbley was
recommended as an alternate by both carl Oliver and Michael Holland as an alternate.

POLICY ANALYSIS
The proposed action is consistent with State Law and the City Charter outlined in Article
XVI, Section 1, Subsections A, B, C, and D. The court shall have all the powers and
duties as are now, or as may be, prescribed by the laws of the State of Texas.

FISCAL IMPACT
The current fee for the Judges and Prosecutor are covered in the city budget and are noted
as follows:
Presiding Judge - $1,250 per month
Associate Judge - $1,000 per month
Prosecutor - $1,000 per month
Each of these positions are considered part-time contract employees for terms of two
years outlined in current state law. The positions automatically renew every two years if
no action is taken within 60 days after appointment date.

COORDINATION
The City Manager and City Attorney have reviewed the proposed agreement. The Mayor
has also been briefed on this request.

ATTACHMENTS
Attachment A –Resolution


_________________________
Buddy Kuhn, City Manager

3. Attachment A

RESOLUTION NO. 2024R - 180

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALAMO HEIGHTS, TEXAS, APPOINTING THE ALAMO
HEIGHTS PRESIDING MUNICIPAL COURT JUDGE; ASSOCIATE
MUNICIPAL COURT JUDGE, PROSECUTOR ALTERNATE
PROSECUTOR; PROVIDING FOR THE TERM OF OFFICE FOR
THE PRESIDING AND ASSOCIATE JUDGES; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.

WHEREAS, Presiding Municipal Court Judge Joseph H. Vivas has tendered is
retirement notice with the City of Alamo Heights after forty (40) years of judicial service
effective February 16, 2024; and

WHEREAS, the City Charter Article XVI, Section 1 (A) provides that the City Council
will appoint a City Judge of the Municipal Court who will be appointed to a term in accordance
with state law and may be reappointed to additional terms; and

WHEREAS, Texas law governs the appointment of the City’s Municipal Judge to a two-
year term; and

WHEREAS, Carl Oliver is a duly qualified attorney licensed in the State of Texas for
over five years and has served in the capacity of an Associate Municipal Court Judge since
March 1998 and now agrees to serve as Presiding Judge; and

WHEREAS, Michael Holland is a duly qualified attorney licensed in the State of Texas
for over five years and has served in the capacity as the prosecutor for the Alamo Heights
Municipal court since May of 2003 and now agrees to serve as Associate Municipal Court Judge;
and

WHEREAS, Pedro Webber is a duly qualified attorney licensed in the State of Texas
and has experience as a trial lawyer, work as a prosecutor for Bexar County District Attorney’s
office prosecuting both adult and juvenile court from low-level misdemeanors to enhanced
felonies and now agrees to serve as Municipal Court Prosecutor; and

WHEREAS, Dwight Chumbley is a duly qualified attorney licensed in the State of Texas
and is currently the lead prosecutor for the City of Terrell Hills and will serve as an alternate
prosecutor in the absence of Mr. Webber;

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALAMO HEIGHTS, TEXAS:

SECTION 1. APPOINTMENT.

A. Carl Oliver is hereby appointed as Presiding Judge of the Municipal Court for a term of
two years effective March 1, 2024. The Judge shall take the oaths of office and shall
serve until such time as a successor is appointed and qualified. The Judge shall have all
powers and duties prescribed by the state constitution, statutes, and municipal ordinances.
Judge Oliver shall be compensated at the rate of pay set by the City Council.

4. Attachment A

B. Michael Holland is hereby appointed as Associate Judge of the Municipal Court for a
term of two years effective March 1, 2024. The Judge shall take the oaths of office and
shall serve until such time as a successor is appointed and qualified. The Judge shall have
all powers and duties prescribed by the state constitution, statutes, and municipal
ordinances. Judge Holland shall be compensated at the rate of pay set by the City
Council.

C. Pedro Webber is hereby appointed as Municipal Court Prosecutor effective March 1,
2024. Mr. Webber shall be compensated at the rate of pay set by the City Council.

D. Dwight Chumbley is hereby appointed as Alternate Municipal Court Prosecutor effective
March 1, 2024. Mr. Webber shall serve in the absence of Mr. Webber and will be
compensated at the rate of pay set by the City Council.

SECTION 2. PROCEDURES. The court procedures in the City of Alamo Heights Municipal
Court shall be as provided in the Code of Criminal Procedures governing procedures in Texas
municipal courts generally.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Resolution is for any reason held to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this Resolution. The City Council hereby declares that it
would have passed this Resolution, and each section, subsection, clause, or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases
be declared void; and that in lieu of each clause or provision of this Resolution that is invalid,
illegal, or unenforceable there be added as a part of the Resolution a clause or provision as
similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible,
legal, valid and enforceable.

SECTION 4. EFFECTIVE DATE. This Resolution shall be effective upon passage.

PRESENTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALAMO
HEIGHTS, TEXAS THIS 26
th
DAY OF FEBRUARY, 2024.


__________________________________________
BOBBY ROSENTHAL, MAYOR
ATTEST:


____________________________________
ELSA T. ROBLES, CITY SECRETARY

APPROVED AS TO FORM:


____________________________________
FRANK J. GARZA, CITY ATTORNEY