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Home My WebLink AboutFIN 2017-11-07 Item 2B - Ordinance/Contract - Reappointment of Kimberly Walden as Municipal Court JudgeTO: FROM: Mayor Ekberg David Cline, City Administrator DATE: October 31, 2017 SUBJECT: Reappointment of Municipal Court Judge City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM FINANCE COMMITTEE 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, 2018. 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 and has served Tukwila since 2003. DISCUSSION Judge Walden has served admirably as the Tukwila Municipal Court Judge. Under her leadership the Court has implemented 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 maintaining the Judge's position as a .90 FTE with the salary set at .90 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 90%. RECOMMENDATION The Council is being asked to consider this item at the November 20, 2017 Regular meeting. ATTACHMENTS Ordinance MOU 19 20 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, 2018, under the Contract for Municipal Court Judge Services (MOU), 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. 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 provided for in the biennial budget adopted by the City Council set at the rate of 90% of the District Court Judges salary as set by the Salary Schedule adopted by the Washington Citizens' Commission on Salaries for Elected Officials. W: Word Processing\OrdinancesWlunicipal Court Judge salary 10-30-17 CT:bjs Page 1 of 2 21 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. 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 , 2017. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, 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 (MOU) W: Word Processing\Ordinances\Municipal Court Judge salary 10-30-17 CT:bjs 22 Page 2 of 2 City of Tukwila Mayor's Office - David Cline, City Administrator MEMORANDUM OF UNDERSTANDING TO: Honorable Kimberly Walden, Municipal Court Judge FROM: Allan Ekberg, Mayor DATE: October 31, 2017 RE: Term of Appointment as Tukwila Municipal Court Judge Allan Ekberg, Mayor This Memorandum of Understanding will confirm your appointment as the Municipal Court Judge for the City of Tukwila for the period from January 1, 2018 through December 31, 2021 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, 2018, during the term of your appointment: WAGE: Salary set at 90% 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 17, 2017 is attached hereto as Exhibit A. 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 90% 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 90% of the premium for you and your dependents. Payments by you will be a minimum of 10% 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, 2017. Allan Ekberg, Mayor Kimberly Walden, Judge Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 23 24 Judicial Position MOU Exhibit A C Washington Citizens' Commission on Salaries for Elected Officials 2017 and 2018 Salary Schedule Adopted May 17, 2017 Branch Supreme Court Chief Justice Supreme Court Justices Court of Appeals Judges Superior Court Judges District Court Judges Current Salary Salary Effective 9/1/2017 185,661 183,021 174,224 165,870 157,933 189,374 186,681 177,708 169,187 161,092 Information about the components of the Final salary schedule follows: Judicial Branch: Salary Effective 9/1/2018 193,162 190,415 181,263 172,571 164,313 ® 2% in 2017 and 2% in 2018 to maintain working toward the "benchmark" of Federal Court Judges. 25