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Home My WebLink AboutCOW 2013-11-12 Item 4J - Ordinance - TMC Section 2.68.026 Regarding Municipal Court Judge SalaryCOUNCIL A G 1-NDA SYNOPSIS Itritzalr Meeting Date Prepared by Mgyor r review Councilwv 11/12/13 CT ..6 VCq It-, 11/18/13 CT ITEM INFORMATION STAFF SPONSOR: DAVID CLINE ITEM Na 4J ORIGINAL AGENDA DATE: 11112/13 AGENDA ITEM TJTLE Reappointment of Municipal Court Judge; Amending Judge's Salary CATEGORY ® Discussion Mtg Date 11/12/13 Motion Mt8 Date n Resolution Mtg Date ® Ordinance Mtg Date 11/18/13 SPONSOR [ Council ® Mayor C HR ❑ DCD n Finance n Bid Award Mt Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Fire ❑ IT ❑ P &R 1 Police n Piz SPONSOR'S SUMMARY The Council is being asked confirm the reappointment of Kimberly Walden as Municipal Court Judge through December 31, 2017. It is proposed to increase the Judge's position from a .75 FTE to a .85 FTE, an additional 4 hours per week, to 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 and prorate holidays and healthcare /dental benefits at 85 %. ❑ COW Mtg. E CA &P Cmte ® F &S Cmte ❑ Transportation Cmte Utilities Cmte ❑ Arts Comm. n Parks Comm. ❑ Planning Comm. COMMI'i'1`EE CHAIR: DENNIS ROBERTSON REVIEWED BY DATE. 11/5/2013 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMtJTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED Fund Source: Comments: AMOUNT BUDGETED APPROPRIATION REQUIRED MTG. DATE RECORD OF COUNCIL ACTION 11/12/13 MTG. DATE ATTACHMENTS 11/12/13 Informational Memorandum from David Cline dated 10 /31/13 Draft Ordinance amending salary of Municipal Court Judge, with attachment Minutes from the Finance & Safety Committee Meeting of 11/5/13 11/18/13 161 162 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 163 164 D y AFT 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 provided fear- in the biennial bu 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. rye W: Word ProcessinglDrdinances\Municipal Judge Salary amended strike -thru 10 -31 -13 RT:bjs Page 1 of 2 165 166 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 OFlaherty, 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 ProcessinglOrdinances\Municipal Judge Salary amended strike -thru 10 -31 -13 RT:bjs 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 167 168 INeShinpton gitlxrsnW Commission an Snitirieu for Elected Officints 2013 and 2014 Salary Schedule Adopted May 22, 2013 Executive Branch Governor 166,891 166,891 166,891 Lieutenant Governor 93,948 97,000 97,000 Secretary of State 116,950 116,950 116,950 Treasurer 116,950 125,000 125,000 Auditor 116,950 116,950 116,950 Attorney General 151,718 151,718 151 ,718 Insurance Commissioner 116,950 116,950 116,950 Supt. of Public Instruction 121,618 124,050 127,772 Commissioner of Public 121,618 124,050 124,050 Lands Judicial Branch Supreme Court Justices 164,221 167,505 172,531 Court of Appeals Judges 156,328 159,455 164,238 Superior Court Judges 148,832 151,809 156,363 District Court Judges 141,710 144,544 148,881 Legislative Branch Legislator 42,106 42,106 42,106 Speaker of the House 50,106 50,106 50,106 Senate Majority Leader 50,106 50,106 50,106 House Minority Leader 46,106 46,106 46,106 Senate Minority Leader 46,106 46,106 46,106 (479 total positions for whom we set salaries.) The Final salary schedule was adopted at a public meeting on May 22, 2013. 169 170 FINANCE AND SAFETY COMMITTEE Meeting Minutes November 5, 2013 — 5:30 p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: Dennis Robertson, Chair; De' Sean Quinn and Verna Seal Staff: David Cline, Peggy McCarthy, Vicky Carlsen, Shelley Kerslake, Chris Flores, Marty Grisham, Jack Pace, Trish Kinlow, Bob Giberson, Gail Labanara, Laurel Humphrey Guest: Chuck Parrish CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5 :30 p.m. I, PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Grant Acceptance: Emergency Management Performance Staff is seeking Council approval to accept a $58,102.00 Emergency Management Performance grant from the Washington State Military Department and US Department of Homeland Security. This is the third year that the City has been awarded this grant, which will be used to fund 50% of the CERT Coordinator /Public Educator position as well as equipment and supplies for emergency management programs. The grant requires a 50% City match which has been met and exceeded. MAJORITY APPROVAL. FORWARD TO NOVEMBER 18 REGULAR CONSENT AGENDA. 13. Interlocal Agreement: Regional Fire Training Consortium Staff is seeking Council approval to enter into an Interlocal Agreement with the Kent Regional Fire Authority (KRFA) that would renew the City's participation in the South King County Training Consortium, The Tukwila Fire Department has belonged to this consortium since January 2012 and it has been of great benefit to the City. After reviewing the last two years of participation, the KRFA is proposing a new fee of $13,800.00 to be applied to overhead and administrative costs. In addition, the two .75 FTE Training Division Captains assigned to the training facility will be increased to .85 FTE. The Fire Department's training budget will absorb these costs, which represent a compromise from the original proposal by the KRFA. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. C. Ordinance: Arnendin • Tukwila Munici pal Code Section 2.68.026 Munici pal Jude Sala Staff is seeking Council approval of an ordinance that would fix the salary for the Municipal Judge as required by the Revised Code of Washington. This proposal increases the Judge's position from .75 to .85 FTE and calculates the salary at .85 of the salary set for District Court Judges in the Salary Schedule annually adopted by the Washington Citizen's Commission on Salaries for Elected Officials. Benefits will also be prorated at 85 %. It is the Mayor's intention to reappoint Kimberly Walden as Municipal Judge, which will be subject to confirmation by the City Council by a separate action later this month. MAJORITY APPROVAL. FORWARD TO NOVEMBER 12 COMMITTEE OF THE WHOLE. D. Ordinance: Amending Revenue Generating Regulatory License (RGRL) Fee Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code 5.04.02 to exempt residential rental properties with 4 or fewer units from the Revenue Generating Regulatory License (RGRL) fee and eliminate the existing RGRL exemption applicable to residential rental properties with gross annual receipts of less than $12,000. This simplified process will have the benefit of reducing Code Enforcement staff time associated with explaining the fee as well as with identifying criteria under the 171