§ 82-962. Administration

(a) The judicial support personnel salary plan will be administered by the following five-member panel of judges selected from the participating courts:

(1) Two county criminal judges;

(2) Two criminal district judges; and

(3) One juvenile judge.

(b) This panel is called the judicial support personnel panel, referred to in this division as the JSP panel.

(c) Each court section will select their representatives to the JSP panel. Each judge serving on the JSP panel shall serve until a successor is selected by judges of the courts which the panel members represent.

(d) Decisions of the JSP panel shall be by majority vote of the judges on the panel.

(e) Review and approval of the individual hiring, promotion and salary adjustment decisions made by judges under this plan are the responsibility of the JSP panel which will then submit all of its decisions on personnel actions to the commissioners court for filing and payroll action on all personnel actions consistent with the rules of this plan. Copies of certificates of completion verifying that a coordinator has completed the required continuing education courses shall accompany any decisions of the JSP panel submitted to the commissioners court approving the promotion of a court coordinator to the next salary level. The certificates of completion are considered records of the judiciary and all copies shall be returned to the court the coordinator serves upon approval by the commissioners court of the personnel action. No copies of the certificates shall be made or retained by the commissioners or any other county department or employee unless specifically authorized by the judge of the court the coordinator serves.

(f) Salary adjustments under the plan will be effective on the first day of the month following formal action by the JSP panel and the commissioners court.

(g) Any salary increase may be delayed by the JSP panel.

(h) Adjustments to the salary rates established in this plan will be proposed by the JSP panel periodically based on evaluation of labor market competitiveness and will be subject to approval by the commissioners court. The salary rates of court coordinators who have been placed on the salary schedule established in subsection 82-964(d) and staff attorneys in subsection 82-965(c) shall be increased at the same time and in the same amounts as increases in the county exempt salary schedule, except for the staff attorney judicial law clerk who shall be increased at the same rate and time as the district attorney salary schedule.

(i) In the absence of a specific policy in the plan, the county policies and procedures shall apply.

(j) Judicial support personnel eligibility for overtime pay shall be determined by the requirements of the Fair Labor Standards Act.

(k) All judicial support personnel determined to be exempt shall not be eligible for overtime pay and are only eligible for the accrual and use of compensatory time as allowed by article IV, divisions 2 and 3 of this chapter.

(l) All judicial support personnel determined to be nonexempt are eligible for overtime pay or compensatory time as allowed by article IV, divisions 2 and 3 of this chapter.

(m) All judicial support personnel shall be entitled to the same fringe benefits incidental to employment as those typically provided to other county employees (FICA, retirement, health and life insurance, sick leave, vacation leave, termination benefits, holiday pay, credit union and deferred compensation). All decisions about these benefits will be made in accordance with county policies by the commissioners court.

(n) All judges who participate in the plan shall provide equal employment opportunities to applicants and shall treat personnel under the plan without regard to race, color, creed, gender, age, national origin, disability or political affiliation.

(o) All judicial support personnel shall be considered "employees at will" who hold their positions solely at the discretion of the judge that appointed them.

(p) Disciplinary action shall be at the sole discretion of the judge/department head and may consist of a written or oral reprimand, suspension with or without pay, or dismissal. Disciplinary action by a department head may be appealed to the appointing judge.

(q) Causes for discipline shall include, but are not limited to, those causes listed in article VII of chapter 86 of this Code, discourteous treatment of the public or fellow employees and willful noncompliance with state bar standards or the Code of Judicial Conduct.

(r) If the majority of the judges in a court section choose to join the judicial support personnel salary plan, then all of the courts in that section are covered by the plan. After a court section joins the plan, enforcement of all judicial personnel requirements of the plan shall be applied by the JSP panel to all courts covered by the plan.

(s) Members may be added to the JSP panel to represent additional sections of courts who join the plan in the future.

(t) Amendments to this plan may only be made with the concurrent approval of the JSP panel and the commissioners court.

(u) No judicial support personnel shall be prohibited from running for political office or seeking political appointment if it does not interfere with the person's job performance or utilize court staff on court time, or court supplies, equipment, funds or facilities. No judicial support personnel shall be discriminated against for engaging in allowed political activities or choosing not to. This section shall not be construed to deny any judicial support personnel any civil or political liberties guaranteed by the United States or Texas Constitutions.

(Ord. No. 99-076, §§ 2-1—2-21, 1-12-1999; Ord. No. 2006-2179, 12-5-2006)