By Andy Sevilla
Kyle council members are moving forward with the search for a municipal court judge before Sundra Spear’s appointment automatically renews for another two-year term.
The council decision last week to request Letters of Interest and Statements of Qualifications for the position, was approved in a split vote, after two council members dissented moving forward to potentially replace the judge who has served in the post for the past decade.
“She’s been our judge for the past ten years, or so. I know that when we hired her, we hired her because of her experience and the education that she has,” said council member Becky Selbera who joined council member David Wilson in casting the two dissenting votes. “I believe that our citizens that has (sic) come before the judge, the judge has been very thoughtful to them, she has respected the court and the city as far as our citizens.”
Spears was first hired to serve as Kyle’s Municipal Court Judge in Jan. 2004, and according to state law a municipal court judge serves in defined two or four year terms. In Kyle, a municipal court judge serves for two-year terms and Spears’ present term expires on Jan. 24, 2014.
“I don’t think that it’s right for us to move forward with an RFP (Request for Proposal) when our judge has been excellent at her job. I think that we’re just making a huge mistake,” Selbera told council members at their Sept. 3 meeting.
But, council member Samantha LeMense said she brought the matter to the attention of the council not because Spears has done a “poor job,” but out of fiscal responsibility.
“I feel that it is our responsibility as a council to make sure that we spend our money wisely,” LeMense said. “I do hope that she (Spears) does apply for this, but I also think that it is something that we should take a look at and make sure that we are still getting the most for our tax dollars and the most for our citizens.”
Spears’ salary for the present fiscal year is $24,213.54, plus an $85 cell phone allowance. Spears’ position is part-time, and the city also pays for her share of federal employment taxes, medicare and health insurance. She began at a salary of $2,000 per month, or $24,000 annually, in 2004.
“I’m very happy with the judge, both in price and what she’s able to perform,” Wilson said. “I think the citizens and the city of Kyle are very well served, and I don’t want to communicate this to the judge as us not being happy with her – and it’s to that point that I’m concerned and not really in agreement with this one.”
But, not everyone on the dais agreed that an automatic renewal of Spears’ contract was the right step.
“It would be irresponsible for us, no matter how good any city employee was, to continue to automatically renew a contract every two years for the last decade with very minimal review of the contract, (and) of her performance…” said Kyle Mayor Lucy Johnson, adding that she is confident in the city’s RFP process.
“This is a healthy exercise. I think when we begin to become loyal to our employees over a series of years, above the loyalty we have to our citizens, that’s when city government starts to break down,” Johnson said.
Spears was not immediately available for comment, but Kyle City Manager Lanny Lambert told council members that “she wasn’t pleased” with the process.
Council members have voiced concern over Spears in the past, as she was unwilling to provide magistrate services on occasional weekends and holidays at the Hays County Jail without more pay, despite an informal agreement between Kyle and the county.
Spears wrote a letter to Hays County Precinct 2 Justice of the Peace Beth Smith, who handles the scheduling of magistrate services at the jail, informing Smith that she would no longer volunteer magistrate services in 2013 as her contract with the city did not call for that service and she was not getting paid to do it. This move came about after Spears unsuccessfully requested a raise in the 2012-2013 fiscal year budget. She, along with all other city employees, received a 3.5 percent cost of living adjustment (COLA).
According to the city’s timeline, Letters of Interest for the part-time position will be accepted until 5:00 p.m. Sept. 24. On Oct. 7, council members will interview selected candidates, which could include Spears.
Council member will select their lone candidate for the position on Oct. 8 and they will sign-off on a two-year contract with the candidate for service as municipal court judge on Oct. 15, according to the timeline.
“This proposed timeline will allow City Council to follow the 90-day notice requirement before the current Municipal Court Judge’s contract expires on January, 24, 2014,” city documents state.
