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Home My WebLink AboutCOW 2003-01-27 Item 4A - Ordinance - TMC 2.68.027 "Removal of Judge" AmendmentITEM INFORMATION CAS Number: 03-007 I Original Agenda Date: January 27, 2003 Agenda Item Title: Amendment to TMC 2.68.027 pertaining to Removal of Municipal Court Judge. Original Sponsor: I Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Meeting Date 01 -27 -03 Meeting Date 1/27 /2003 COUNCIL AGENDA SYNOPSIS 1 Meeting Date I January 27, 2003 I Prepared by IJM Council Admin. X Initials Recommend Council approve the ordinance. 1 Maypr's review 1 Council review I I I I I I RECORD OF COUNCIL ACTION Action ITEM NO. q a An amendment has been drafted to the TMC that clarifies the circumstances by which a Municipal Court Judge can be removed from office. APPENDICES Attachments Memo from Mayor's Office dated 1/16/03; Finance and Safety Committee Minutes (1/21/03) Proposed, draft ordinance MEMORANDUM TO: Finance and Safety Committee FROM: Mayor Mullet DATE: January 16, 2003 SUBJECT: Ordinance amending TMC 2.68.027 Removal of Judge Attached for your review is an ordinance amending Tukwila Municipal Code Chapter 2. The ordinance further defines circumstances under which a Tukwila Municipal Court judge may be removed. With the resignation of Judge Lukevich this is an opportune time to make these changes. I would request that the committee review the draft ordinance and forward it to the January 27 COW meeting for discussion and further action. Finance and Safety Committee January 21, 2003 Present: Joe Duffie, Chair; Jim Haggerton, Richard Simpson Rhonda Berry, John McFarland, Alan Doerschel, Jim Morrow, Lucy Lauterbach 1. Ordinance Amending TMC 2.68 Removal of Judge Rhonda said the City wanted to add language to the TMC to make it somewhat easier to remove a judge for misconduct. The current language allows removal only for conviction of misconduct or malfeasance in office. The new language adds conviction of other criminal offenses while in office, or action by the Washington State Judicial Conduct Commission, or a finding by the city council that the judge cannot handle his/her functions in a fair, impartial or adequate manner. The Committee asked what the process was for replacing the former judge. The City is advertising with the Washington State Bar Association Newsletter and site; and the Administration of Court. The city has already received 15 applications based on word of mouth. Recommend ordinance change to COW and Council for anoroval. 2. Ball Janik Consultant Agreement John said the City had asked Mark McKay to work with them on Congress since Ball Janik had declined having the City as a client. McKay reported the political environment in Washington, D.C. was improving. Hal Hiemstra had dropped by City Hall just to chat, and he'd said that although some fence mending was needed, he thought the City could re -gain the credibility it lost last year. John had gotten estimates from two other D.C. consultants, and their prices were from $5,000- $8,000 /month. Ball Janik's fee is $8,500 per month. Joe asked if they would be very supportive of the City after all that has happened, and John replied he thought they would be. Jim noted that Ball Janik had cost $102,000 last year, and that their expenses were usually added onto their monthly fees. Alan thought the City might want to cap that this year, as we have less money to pay them. Jim asked who would be working on LINK light rail; John thought it would be local work with Martin Durkan. All is not well in federal relationships with Tukwila now, but those relationships can be built up again, and Ball Janik could be a help in that. Recommend contract to COW and Council for approval. 3. Martin Durkan Consultant Services Though Ball Janik covers the federal front, Martin Durkan is the local go -to consultant. He is well respected in both Puget Sound and Olympia. The amendment to his standard contract for services is a general statement of the work he'll do in 2003. His contract is for $4,000 /month. Although some money was budgeted for lobbying, there is not money for both Durkan and Ball Janik; Alan will need to find money somewhere to do it. One issue Durkan will work on is getting the State to turn over Highway 99 to the City's control. Recommend contract to COW and Council for approval. 4. Franchise Agreement with Seattle City Light The City's current franchise won't expire until 2008. Its strength is that Tukwila residents don't pay more than Seattle residents. The new franchise agreement does not include that clause, but it may be more favorable than other cities' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING ORDINANCE NO. 1324 PART 16, CODIFIED AS TUKWILA MUNICIPAL CODE 2.68.027, "REMOVAL OF JUDGE PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council finds that TMC 2.68.027 should be more specific regarding causes for removal of a municipal court judge; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: .Section 1. Ordinance No. 1324 §I6 codified as Tukwila Municipal Code 2.68.027 entitled "Removal of judge." is hereby amended to read as follows: 2.68.027 Removal of judge. 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, nr hy nperntinn of law Fnr the purposes hereof rnnnirtinn n m■crnndurt nr malfeasance in office shall include (1) conviction nf any criminal offence hy the Municipal .hedge Miring the term nf nffire nf the Municipal .htdg, (9) a determinatinn hy the Washingtnn State Judicial Cnndurt Cnmmissinn that a rode nr standard nf judicial rnndurt has been violater), or (.9) a finding hy the rite f r,.n..il after Antics and a hearing and reacnna nrr.rrre.i not limited tn criminal rnnvictinnq which interferes with nr nre.,e..t the the Mnniripnlhidge from heing ahle tn adequately administer nr handle judicial functions nf the Municipal Cnnrt nr which indicates that the judge tannest art in a fair a...7 impartial Tt is provide hnwever, that if the Washingtnn State .indirial Cnndurt rnrn,n;cc;nn nr the WachingJnn State Supreme Court or ntker rn7irt with the jurisdiction tn mai s..rh dericinnc derides that the Municipal duels.. c to he removed crrm office. rr that the Municipal .hidae is not qualified nr able tn some as a Municipal .indg•jhen net further nr separate artinn hy the r•i- (Thum-if is required tn effect such removal Any vacancy in the Municipal Court due to death, disability or resignation of the Municipal Court judge shall be filled by the Mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the City Council. The appointed judge shall be qualified to hold the position of judge of the Municipal Court, as provided in this ordinance and RCW 3.50 as amended by Chapter 258, Laws of 1984. Section 2. 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 3. 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 law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 200 ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney after passage and publication as provided by Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Steven M. Mullet, Mayor