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Home My WebLink AboutFS 2013-11-05 Item 2C - Ordinance - TMC Section 2.68.026 "Municipal Judge Salary"City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FINANCE AND SAFETY COMMITTEE FROM: Mayor Haggerton David Cline, City Administrator DATE: October 31, 2013 SUBJECT: Reappointment of Municipal Court Judge ISSUE The term of office for Judge Kimberly 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, 2014. 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. BACKGROUND Judge Walden was first appointed to the Tukwila Municipal Court in 2003 to fill the unexpired term of Judge Peter Lukevich. Upon expiration of that term she was reappointed and has served Tukwila since March, 2003. DISCUSSION Judge Walden has served admirably since her appointment to the Tukwila Municipal Court. Under her direction the Court continues to be a professionally run organization implementing several innovative programs including the Jail Alternatives Program, a proactive Probation Division and several cost - cutting and efficiency producing procedures. An ordinance fixing the judge's salary is attached for your review. We propose to increase the Judge's position from a .75 FTE to a .85 FTE, an additional 4 hours per week. We also propose that we calculate Judge Walden's salary at .85 of the salary set for District Court Judges in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials adopted on an annual basis. Holidays and Healthcare /Dental benefits would also be prorated at 85 %. RECOMMENDATION The Council is being asked to consider this item at the November 12, 2013 Committee of the Whole meeting and the subsequent November 18, 2013 Regular meeting. ATTACHMENTS Ordinance in draft form with attachments 23 24 DRFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2261, AS CODIFIED AT TUKWILA MUNICIPAL CODE 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, 2014, under the contract for Municipal Court Judge services attached hereto as Exhibit A; and WHEREAS, pursuant to RCW 3.50.080, 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. 2261 §2, as codified at Tukwila Municipal Code Section 2.68.026, is hereby amended 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 City Council of 85% 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 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. W: Word Processing \Ordinances\Municipal Judge Salary amended strike -thru 10 -31 -13 RT:bjs Page 1 of 2 25 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 on January 1, 2014. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A: Contract for Municipal Court Judge services W: Word Processing \Ordinances\Municipal Judge Salary amended strike -thru 10 -31 -13 RT:bjs 26 Page 2 of 2 Exhibit A MEMORANDUM OF UNDERSTANDING TO: Honorable Kimberly Walden, Municipal Court Judge FROM: Jim Haggerton, Mayor DATE: November 18, 2013 RE: Terms of Re- Appointment as Tukwila Municipal Court Judge 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, 2014 through December 31, 2017 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, 2014, during the term of your appointment: WAGE: Salary set at 85% of the District Court Judges Salary as set in the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials on an annual basis. The current schedule, adopted on May 22, 2013 is attached hereto. 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 the rate of $70.00 per hour. Holidays: You shall be entitled to the same holidays as the Non - Represented employee group, paid at a prorated rate of 85% 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 85% of the premium for you and your dependents. Payments by you will be a minimum of 15% and may be higher if the GHC plan is selected and premiums are higher than the City's self- insured 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 day of November, 2013. Jim Haggerton, Mayor Kimberly Walden, Judge 27 28 2013 and 2014 Salary Schedule Adopted May 22, 2013 Executive Branch 166,891 166,891 93,948 97,000 116,950 116,950 116,950 125,000 116,950 116,950 151,718 151,718 116,950 116,950 121,618 124,050 Governor Lieutenant Governor Secretary of State Treasurer Auditor Attorney General Insurance Commissioner Supt. of Public Instruction Commissioner of Public Lands Supreme Court Justices Court of Appeals Judges Superior Court Judges District Court Judges Legislator Speaker of the House Senate Majority Leader House Minority Leader Senate Minority Leader 121,618 124,050 Judicial Branch 164,221 167,505 156,328 159,455 148,832 151,809 141,710 144,544 Legislative Branch 42,106 50,106 50,106 46,106 46,106 42,106 50,106 50,106 46,106 46,106 (479 total positions for whom we set salaries.) 166,891 97,000 116,950 125,000 116,950 151,718 116,950 127,772 124,050 172,531 164,238 156,363 148,881 42,106 50,106 50,106 46,106 46,106 The Final salary schedule was adopted at a public meeting on May 22, 2013. 29