HomeMy WebLinkAboutFIN 2026-05-11 Item 1A - Ordinances - Amend TMC 2.68 Municipal Court / Adjust Salary for Judge Pro TemCity of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
AGENDA BILL
ITEM NO.
1.A.
Agenda Item
Sponsor
Update to TMC 2.68 Municipal Court
Mayor's Office
Legislative History May 11, 2026 Finance & Governance Committee
May 18, 2026 Regular Meeting
Recommended Motion ❑ Discussion Only ❑x Action Requested
MOVE TO adopt an ordinance amending TMC 2.68 Municipal Court to
align with RCW 3.50, adjusting the Municipal Court Judge salary and
converting the Municipal Court Judge position to an elected position;
and adopt an ordinance setting the Judge Pro Tem compensation rate.
EXECUTIVE SUMMARY
Tukwila Municipal Code 2.68 Municipal Court is being amended to increase the judicial position from
part-time to full-time, increase the judicial salary to full-time, convert the position from an appointed
position to an elected position effective January 1, 2030, and make updates to align with RCW 3.50,
Municipal Courts. An amendment to the Memorandum of Understanding with Judge Walden reflecting
the change of position from part-time to full-time is attached. Additionally, in collaboration with the
update to TMC 2.68.040(A), an ordinance setting the compensation of Judges Pro Tem.
DISCUSSION
The Municipal Court Judge position is currently .90 FTE. The Judge is appointed by the Mayor for a 4-
year term, which occurred in October 2025, in alignment with RCW 3.50.040. After evaluation of the
Municipal Court caseload for 2024, 2025 and Q1 2026, it has been determined that the position needs
to be increased to a full-time position. Pursuant to RCW 3.50.055, each full-time equivalent judicial
position shall be filled by election.
Based on legal opinions from the Administrative Office of the Courts and the City Attorney's Office, it
has been determined that the City can increase the judicial position to full-time for the remainder of the
current term. A special election is not required. The Municipal Court Judge position will be an elected
position in the general election in November 2029.
Pursuant to RCW 3.50.090 and TMC 2.68.040(A) the compensation rate for Judges Pro Tem is set by
ordinance for the judicial term January 1, 2026 — December 31, 2029.
FINANCIAL IMPACT
Disclair
Final tei
s and scope of woi
k' subject to review by
2
[]Exoendhure-B
N Expenditure - Unbudgeted
��—
El Expenditure
ORevenue —One-Time (e.g.
oauetua|e.uurp|uaequiprnenU
[] Revenue -Ongoing
Expenditures:
Fund Source:
$18'000
Revenuea(ifopp|ioab|g):
General Fund
�0
-
COO|[8CtO[ (if applicable)
N/A
Scope nfWork
Increase inJudicial salary and benefits effective June 1.2O28.
Amount
$10.000
Duration
ongoing
Additional CO[D[D8OtS: If approved,
the iOCF8GS8d FTE and funding vvOu|d be reflected in the budget
in2O28.
amendment tobeconsidered later
ATTACHMENTS
Draft Ordinance Updating TWYC 2.08
Memorandum OfUnderstanding
Draft Ordinance Setting Judges Pro Tern Compensation Rate
Agenda Itemsmn-11FIN/AB TMozanupdate.docx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE (TMC) CHAPTER 2.68, "MUNICIPAL COURT," IN
ALIGNMENT WITH CHAPTER 3.50 RCW; CONVERTING THE
MUNICIPAL COURT JUDGE POSITION TO AN ELECTIVE
POSITION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Tukwila Municipal Court caseload has increased, substantiating the
need for a full-time Municipal Court Judge; and
WHEREAS, the current Municipal Court Judge was reappointed for a four-year term
as a part-time judge (.90 FTE) commencing January 1, 2026 and ending December 31,
2029; and
WHEREAS, pursuant to RCW 3.50.055, each full-time equivalent judicial position
must be filled by election; and
WHEREAS, state law allows currently appointed Municipal Court Judge to serve out
her term, provided that an election is held in 2029 to fill the subsequent judicial term
beginning January 1, 2030; and
WHEREAS, should a vacancy in the Municipal Court Judge position occur prior to
the 2029 General Election, a Special Election shall be called to fill the remainder of the
current appointee's term; and
WHEREAS, pursuant to RCW 3.50.080 and TMC Section 2.68.026, the salary of the
Municipal Court Judge shall be fixed by ordinance; and
WHEREAS, certain sections of TMC Chapter 2.68, "Municipal Court," must be
updated to removed outdated language and align with Chapter 3.50 RCW, "Municipal
Courts — Alternate Provision";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Page 1 of 5
4
Section 1. TMC Section 2.68.020 Amended. Ordinance No. 1324 §4, as codified at
TMC Section 2.68.020, "Judges — Appointment — Qualifications," is hereby amended to
read as follows:
2.68.020. Judges- Qualifications.
as provided below.
Each full-time equivalei udicial position shall be fined by electiorL This
requirement applies regar Gess of how ruanyjgdges are employed to thellosition„. A
full-time equivalent position is thirtyfive or more hourser week of compensated time,
B. 'The Municipal Judge shall be elected in the same manner as other elective city
officials. The term of the Municipal Judge shall be for a term of fouryears commencing,
on Januar 1 2030, an every four years thereafter,
C. A person eGected as a municipal judge shall be a citizen of the United States of
America and the State of Washingtoni, a resident of Kinficounty; and an attorney admitted
to practice iaw before the courts of record of the State,
Section 2. TMC Section 2.68.026 Amended. Ordinance Nos. 2659 §2 and 2261 §2,
as codified at TMC Section 2.68.026, "Municipal Judge Salary," are hereby amended to
read as follows:
2.68.026. Municipal Judge Salary.
The salary of the Municipal Court Judge shall be set at the rate of 90-%10,fir/9 of the
District Court Judges Salary as set by the Salary Schedule adopted by the Washington
Citizens' Commission on Salaries for Elected Officials on an annual basis.
Section 3. TMC Section 2.68.027 Amended. Ordinance No. 2013 §1, as codified
at 2.68.027, "Removal of Judge," is hereby amended to read as follows:
2.68.027. Removal of Judge.
A. A municipal judge shall be removed only upon conviction of misconduct or
malfeasance in office, or because of physical or mental disability rendering the judge
incapable of performing the duties of the office, or by operation of law. For the purposes
hereof, conviction of misconduct or malfeasance in office shall include:
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Page 2 of 5
5
1. Conviction of any criminal offense by the Municipal Judge during the term of
office of the Municipal Judge;
2. A determination by the Washington State Judicial Conduct Commission that
a code or standard of judicial conduct has been violated; or
3. A finding by the City Council, after notice and a hearing and reasonable
opportunity to be heard, that conduct has occurred, not limited to criminal convictions,
which interferes with or prevents the Municipal Judge from being able to adequately
administer or handle judicial functions of the Municipal Court, or which indicates that the
judge cannot act in a fair and/or impartial manner.
B. It is provided, however, that if the Washington State Judicial Conduct
Commission, or the Washington State Supreme Court or other court with the jurisdiction
to make such decisions, decides that the Municipal Judge is to be removed from office or
that the Municipal Judge is not qualified or able to serve as a Municipal Judge, then no
further or separate action by the City Council is required to effect such removal.
Chapter 2.68 and RCW 3.50 as amended by Chapter 258, Laws of 1'98/1.
Section 4. TMC Section 2.68.030 Amended. Ordinance 1324 §6, as codified at
TMC Section 2.68.030, "Municipal Court Employees," is hereby amended to read as
follows:
2.68.030. Municipal Court Employees.
All employees of the Municipal Court shall, for all purposes, be deemed employees
of the City. They shall be appointed by and serve at the pleasure of the Court; provided,
that all applicable City personnel practices and procedures with respect to hiring and
termination are followed. Supervision of the Court employees shall be by the Mayor
Municipal Court Judge or designee.
Section 5. TMC Section 2.68.040 Amended. Ordinance 1324 §7, as codified at
2.68.040, "Judges Pro Tem — Court Commissioners," is hereby amended to read as
follows:
2.68.040. Judges Pro Tem — Court Commissioners.
A. The Mayor shall, in writing, appoint judges pro tem who shall act in the absence
the Municipal Court as provided herein. The judge pro tem shall receive such
compensation as shall be fixcd by ordinance. The term of the appointment shall be
Mayor.
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Page 3 of 5
6
A. The Municipal Court Judge lay deftgnate one or more persons as judges pro
temporelipro ternmj to_serve.i
1 In the absence or disability of the elected Municipal Court Judge;
Subsequent to the filing .f an affidavit of_prejudice; and/or
3. In addition to the elected ud e when he administration ot iustceand
the accomplishment or the work of the court make t necessary.
The qualifications of a judge pro tem shall be the same as for judges_as ovided
under RCW 3.50.040 and IMO Section 2.68.020, except that aludae pro tem need not
be a resident of the City •r King County. A judge pro tem shall have all of the powers of
the duly_elected _judge when serving_ as a judge .pro tem of the court, Before entering_ into
his or her duties, eacilLiudg_e ro tem shall take subscribe, and the an oath as is taken by
the duly electesLudge. Such „pro tem judges shall receive such compensation as shail be
fixed by ordinance by the municipality In which the court is located and such
compensation shall bepaid by the municipaiity,
B. The Municipal Court Judge may appoint one or more Municipal Court
commissioners, who shall hold office at the pleasure of the Municipal Court Judge. Each
Municipal Court commissioner shall have such power, authority and jurisdiction in civil
and criminal matters as the appointin- Municip_al Judge possosses, and must be a lawyer
who is admitted to practice law in the state of Washington or a nonlawyer who has...passed
the qualifyingexamination for lay judges for courts of limited iurisdiction under RCVV
.The commissioner does
not have authority to preside over trials in criminal matters or tury trials in civil matters
unless agreed to on the record by all parties. A commissioner need not be a resident of
the City or of the King Cotmty,
Section 6. TMC Section 2.68.045 Amended. Ordinance 1324 §8, as codified at
2.68.045, "Judicial Vacancy," is hereby amended to read as follows:
2.68.045. Judicial Vacancy.
In the event of any vacancy in the Municipal Court due to a death, disability, or resignation
of thea Municipal Court Judge prior to the expiration of the Municipal Court Judge's term,
a Special Election shall be called to fill the remainder of the unexpired term, shall be filled
by the Mayor for the remainder of the uncxpired term The appointment shall be subject
The appointed eiected judge shall be qualified to hold
the position of judge of the Municipal Court as provided in this chapter.
Section 7. TMC Section 2.68.050 Amended. Ordinance 1324 §9, as codified at
2.68.050, "Municipal Court Hours," is hereby amended to read as follows:
2.68.050. Municipal Court Hours.
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Page 4 of 5
7
The Municipal Court shall be open and shall hold such regular and special sessions
as may be prescribed by the Municipal Court judge.;
shall not be open on nonjudicial days.
Section 8. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 9. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Office of the City Attorney
2026 Legislation: TMC 2.68; Conversion to Elected Judge
Version: 4/30/26
Staff: C. Thompson
Effective Date:
Ordinance Number:
Page 5 of 5
8
Thomas McLeod, Mayor
Mayor's Office - Marty Wine, City Administrator
MEMORANDUM OF UNDERSTANDING -AMENDMENT
TO: Honorable Kimberly Walden, Municipal Court Judge
FROM: Thomas McLeod, Mayor
DATE: May 18, 2026
RE: Amendment of Wage and Benefits for Appointment Term 2026-2029
WAGE: Compensation shall be set at 100% of the salary established for District Court Judges, as determined
by the Washington Citizens' Commission on Salaries for Elected Officials and updated on an annual basis. The
current schedule, adopted in 2025 is attached hereto as Exhibit A. All taxes, social security and related
deductions shall be made from your wages.
BENEFITS:
General Leave: You shall be provided a general leave bank for use as sick leave and/or vacation, at your
discretion.
• Leave shall accrue at a rate of 12 hours per month
• Maximum accrual shall not exceed 96 hours
• Accruals in excess of 96 hours shall not carry forward
Upon separation from service, accrued leave shall be paid out up to a maximum of 96 hours at your regular
rate of pay at the time of separation.
Holidays: You shall be entitled to the same holidays as the Non -Represented Employee group, in
accordance with City Policy.
Healthcare/Dental: You are eligible to participate in the City of Tukwila's medical and dental benefit
programs, including:
• The City's self -insured medical plan
• Kaiser Permanente (if elected)
• Dental coverage options
The City will contribute 90% of the premium cost for you and your eligible dependents.
• Your share shall be a minimum of 10%, and may be higher depending on plan selection
• Any employee premium contributions will be made through payroll deduction
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
9
MEMORANDUM C)FUNDERSTANDING AMENDMENT FOR TERM 2026-2029
Page
This change in status constitutes a qualifying event under the City's benefit plans. You must submit any
changes to your current benefit elections no later than May 22 for changes to be effective June 1.
Please sign the attached Personnel Action Form /PAF and the bottom nfthis memorandum toindicate
agreement.
Agreed to this 18 th day of May, 2026.
Thomas McLeod, Mayor Kimberly Walden, Judge
10
MOUExhibit A
on Sala6as for Beeted Officials,
�O�� ���l����' |�� | Schedule
u_w^_� ��� ^�vu-w Final w�/�F�
/
0
Position
Supreme Court Chief Justice
Supreme Court Justices
Court ofAppeals Judges
Superior Court Judges
District Court Judges
Current Salary
ZSG/495
251,861
239,755
228,261
217,337
Salary Effective Salary Effective 7/1/2026
265'792 273,819
262,011 269,924
I49/417 256,949
237,460 244,631
226,096 232,924
11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 2659, AS CODIFIED AT TUKWILA MUNICIPAL CODE
(TMC) SECTION 2.68.026 REGARDING THE SETTING OF
SALARY FOR THE MUNICIPAL COURT JUDGE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, the City requires the services of a Municipal Court Judge who is appointed
to a four-year term; and
WHEREAS, the current Municipal Court Judge will be reappointed to a term
commencing January 1, 2026, under the Contract for Municipal Court Judge Services
(MOU), attached hereto as Exhibit A; and
WHEREAS, pursuant to RCW 3.50.080 and Tukwila's
Municipal Court Judge shall be fixed by ordinance;
unicipal Code, the salary of the
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2659 as codified at Tukwila Municipal Code
Section 2.68.026, is hereby repealed in its entirety.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
2026 Legislation: Judge Pro Tem Salary
Version: 05/05/2026
Staff: C. Thompson
Page 1 of 2
12
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment: Exhibit A — Contract for Municipal Court Judge Services (MOU)
2026 Legislation: Judge Pro Tem Salary
Version: 05/05/2026
Staff: C. Thompson
Page 2 of 2
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