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HomeMy WebLinkAboutCOW 2009-11-09 Item 5E - Reappointment - Kimberly Walden to Municipal Court Judge Position CO UNCIL AGENDA SYNOPSIS J �WILAy 1 4 7 ts, Initials ITEM NO. 44. r 1 Meeting Date 1 Prepared G p by Mayor's review Councrl,�-ev?ezv f I 11/09/09 SO C.,4-6 1 rYy 1 f\ 2 11/16/09 SO 1 290' 1 Se ITEM INFORMATION I CAS NUMBER: 09-159 'ORIGINAL AGENDA DATE. NOVEMBER 9, 2009 AGENDA ITEM TITLE Reappointment of Municipal Court Judge; Establishment of Judge's Salary CATEGORY Discussion Motion Resolution Ordinance n Bad Award Public Heanng U Other Mtg Date 11/09/09 Mtg Date Mtg Date Mtg Date 11/16/09 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance n Fire Legal LI P&R Police P1V SPONSOR'S The Council is being asked to confirm the reappointment of Kimberly Walden as Municipal SUMMARY Court Judge, term expiring 12/31/2013. It is proposed to pay the judge the same hourly rate she has received since 2008. In lieu of a pay increase, it is proposed to grant the judge the same paid holidays (at a pro -rated rate) as the Non Represented employees, which is consistent with other area cities. The Council is also being asked to approve the Ordinance setting the salary of the Municipal Court Judge, as required by RCW 3.50.080. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 11/3/09 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments 1 MTG. DATE J RECORD OF COUNCIL ACTION 1 11/9/09 I 11/16/09 I I MTG. DATE J ATTACHMENTS 11/9/09 I Informational Memorandum dated 10/27/09 I Draft Ordinance setting salary of Municipal Court Judge, with attachment Minutes from the Finance Safety Committee meeting of 11/3/09 I I 1 ISSUE BACKGROUND DISCUSSION RECOMMENDATION ATTACHMENTS City of Tukwila Ordinance in draft form, with attachment INFORMATIONAL MEMORANDUM TO: Finance and Safety Committee FROM Mayor Haggerton DATE: October 27, 2009 SUBJECT: Reappointment of Municipal Court Judge Establishment of Judge's Salary The Council is being asked to consider this item at the November 9, 2009 Committee of the Whole meeting and subsequent November 16, 2009 Regular Meeting The term of office for Judge Walden will expire at the end of this year, and it is my intent to appoint her for an additional 4 -year term commencing January 1, 2010. The Tukwila Municipal Code (TMC) 2.68.025 and the Revised Code of Washington (RCW) stipulate that the judge's salary shall be fixed by ordinance. Judge Walden was first appointed in 2003 to fill the unexpired term of Judge Peter Lukevich. Upon the expiration of that term, she was reappointed and has served Tukwila continuously since March of that year. Judge Walden has served admirably since her appointment. Under her direction the Tukwila Municipal Court has become a more professionally run organization, and several innovative programs have been undertaken, including the Jail Alternatives Program, a more robust Probations Division, and several cost cutting and efficiency producing procedures. Jim Haggerton, Mayor An ordinance fixing the judge's salary is attached for your review. We propose to pay the judge the same hourly rate that she has received since January 1, 2008, which is $67.00 per hour at 30 hours per week. In lieu of a pay increase I would request that, effective January 1, 2010, the judge be granted the same paid holidays as are received by the Non Represented employees I estimate that granting such holidays will cost approximately $6500 in 2010 Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 2.68, "MUNICIPAL COURT," 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, 2010, under the Contract for Municipal Court Judge Services, attached hereto as Exhibit A; and WHEREAS, pursuant to RCW 3.50.080 and Tukwila's Municipal Code, the salary of the municipal court judge shall be fixed by ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1324 55, as codified at TMC 2.68.025, is hereby amended to read as follows: 2.68.025 Court Costs. All costs of operating the municipal court, including but not limited to, salaries of judges and court employees, dockets, books of records, forms, furnishings and supplies, shall be paid wholly out of the funds of the City. The City shall provide a suitable place for holding court and pay all expenses of maintaining it. Section 2. Section Added. A new section regarding the Judge's salary is hereby created to read as follows: 2.68.026 Municipal Judge Salary. The salary of the Municipal Court Judge shall be fixed by ordinance and set at the rate provided for in the biennial budget adopted by the City Council. 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. 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 2009 ATTEST /AUTHENTICATED: Attachment: Exhibit A Contract for Municipal Court Judge Services W: \Word Processing Ordinances \Municipal Court Judge Salary.doc TK:ksn 10/29/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number Page 1 of 1 MEMORANDUM OF UNDERSTANDING TO: Kimberly Walden, Judge FROM: Jim Haggerton, Mayor DATE: November 17, 2009 RE: Terms of Appointment as Tukwila Municipal Court Judge EXHIBIT A Contract 03 -131 (d) This Memorandum of Understanding will re- confirm your appointment as the Municipal Court Judge for the City of Tukwila. This appointment covers the period from January 1, 2010 through December 31, 2013, and is pursuant to judicial and legal mandates governing such appointments (RCW 3.50.040 and TMC 2.68). The following wages and benefits are provided to you effective January 1, 2010, during the term of your appointment: WAGE: A flat rate of $67 per hour (approximately 30 hours per week on the bench.) All taxes, social security, and related deductions shall be made from your wages. BENEFITS: General Leave: You are entitled to accrue a general leave bank to use for sick leave and /or vacation, as you deem appropriate. This general leave shall accrue at the rate of 12 hours per month to a maximum accrual of 96 hours. Any hours over 96 that are not used are defaulted back to the City. Upon the ending of your appointment, any leave hours, up to a maximum of 96 hours, will be paid off at your hourly rate of pay. Holidays: You shall be entitled to the same holidays as the Non Represented employee group, paid at a prorated rate of 75 commensurate with your hours on the bench. Healthcare/Dental: You have the option of participating in the City of Tukwila Medical /Dental self insured plan, Group Health Cooperative, or waiving this benefit. The City will pay 75% of the premium for you and your dependents. Payments by you will be a minimum of 25% and may be higher if the GHC plan is selected and premiums are higher than the City's plan. Your share of the premium will be made by payroll deduction. Please sign the attached Personnel Action form (PAF) and the bottom of this memorandum to indicate agreement. Agreed to this Kimberly Walden, Judge Jim Haggerton, Mayor W./ Memorandumofunderstandingjudgewa (den2010 doc day of 2009. FINANCE AND SAFETY COMMITTEE Meeting Minutes November 3, 2009 5:00 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff: Shawn Hunstock, Don Tomaso, Mary Miotke, Rhonda Berry and Kimberly Matej CALL TO ORDER: Chair Linder called the meeting to order at 5:07 p.m. The order of agenda items was modified from the original agenda packet. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Above Ground Fuel Tank Installations Related to Howard Hanson Zoning in the Tukwila Urban Center does allow for the installation of above ground fuel tanks. However, the Tukwila Municipal Code provides an exception to this code when the tank is permitted by the Fire Department and properly screened from public view. Usually these permits allowing for above ground installation come forward to Committee as information only item prior to the Fire Department issuing the permit. Staff is seeking Committee approval to issue permits for the temporary installation of standby power systems with supplemental fuel tanks until issues with the Howard Hanson Dam (or appropriate flood preparations) are resolved without first coming to Committee with an information only item. These types of systems are being considered for installation by businesses who desire to ensure the continuity of operations at such a time that flood damage affects the Tukwila community. Staff will send a monthly report to Finance Safety Committee members regarding permits that have been issued. All tanks will comply with necessary environmental and contaminant standards. COMMITTEE CONCURS. INFORMATION ONLY. B. Reannointment of Municinal Court Judge and an Ordinance Establishing the Judge's Salary Mayor Haggerton is seeking full Council approval to re- appoint Judge Kimberly Walden to the Tukwila Municipal Court, effective January 1, 2010, through December 31, 2013. Additionally, he is seeking full Council approval of an ordinance which establishes the judge's salary as required by Tukwila Municipal Code and the Revised Code of Washington. There is no recommendation to increase the hourly flat rate compensation for the Tukwila Municipal Court Judge, which is currently $67.00 per hour (in effect since January 1, 2008), for approximately 30 hours per week. However, Mayor Haggerton recommends entitling the position the same paid holidays as the non represented employee group. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 9 COW FOR DISCUSSION. C. 2010 Contract Renewal with Ball Janik. LLP for Lobbvine Services This is a renewal contract for professional services with Ball Janik, LLP for the representation of the City of Tukwila in Washington, D.C. and on federal issues. The contract and contract amount remain the same as last year, and minimal changes have been made to the Scope of Work and Specific Services updating projects and other relevant information as necessary.