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HomeMy WebLinkAboutFS 2009-11-03 Item 2A - Ordinance - Reappointment of Municipal Court Judge / Setting of SalaryISSUE 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. Jim Haggerton, Mayor 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. 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. T 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 TU_KWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1324 §5, 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: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney 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 Attachment: Exhibit A Contract for Municipal Court Judge Services 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 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 day of 2009. Kimberly Walden, Judge Jim Haggerton, Mayor W Memorandumofunderstandingjudgewa lden2010 doc EXHIBIT A Contract 03 -131 (d)