HomeMy WebLinkAbout4810 Ordinance - Appointment of Pasco Municipal Court Judge-FinalOrdinance – Appointment of Pasco Municipal Court Judge - 1
ORDINANCE NO. 4810
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
CONFIRMING THE APPOINTMENT OF CARLOS D. VILLARREAL AS
PASCO MUNICIPAL COURT JUDGE, AFFIXING THE COMPENSATION OF
THE MUNICIPAL COURT JUDGE AND JUDGE PRO TEM, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL
SERVICES AGREEMENT FOR JUDGE VILLARREAL’S JUDICIAL
SERVICES.
WHEREAS, the City of Pasco, Washington operates a Municipal Court governed by
Chapter 3.50 of the Revised Code of Washington (RCW); and
WHEREAS, operation of the Pasco Municipal Court is an important matter to the citizens
of Pasco and its local government; and
WHEREAS, the City Manager has appointed Judge Villarreal to the Pasco Municipal
Court for a four-year term, commencing on January 1, 2026 through December 31, 2029, with the
terms of his appointment provided in a Personal Services Agreement, attached hereto as Exhibit
A; and
WHEREAS, Pasco Municipal Code (PMC) 2.10.020 states that all appointments of
Municipal Judge by the City Manager require confirmation by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the appointment of Carlos D. Villarreal as Pasco Municipal Court
Judge by the City Manager for a four-year term commencing on January 1, 2026 through
December 31, 2029, is hereby confirmed by the Pasco City Council and the Council further
authorizes the City Manager to execute a Personal Services Agreement for Judge Villarreal’s
judicial services.
Section 2. The initial salary of the Municipal Court Judge shall be $192,000 as set
forth under the terms of the Personal Services Agreement, attached as Exhibit A, and for years
2027, 2028, and 2029, Judge’s prorated salary shall increase consistent with Washington Citizens'
Commission on Salaries’ determination for district court judges for the respective years. Payment
for usage of a Pro Tem Judge shall be made from that sum budgeted for Pro Tem Judge services
in the Personal Services Agreement.
Section 3. The City Manager has authorization to enter into a Personal Services
Agreement with Judge Villarreal in substantially similar form as attached Exhibit A.
Ordinance – Appointment of Pasco Municipal Court Judge - 2
Section 4. If any provision of this act or its application to any person or circumstance
is held invalid, the remainder of the act or the application of the provision to other persons or
circumstances shall not be affected.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 7. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 1st day of
December, 2025.
________________________________
David Milne
Mayor
APPROVED AS TO FORM:
_______________________________
Kerr Ferguson Law, PLLC
ATTEST:
_________________________________
Debra Barham, MMC
City Clerk City Attorney
Published: December 7, 2025
Personal Services Agreement - Carlos D. Villarreal
Municipal Court Judge
Page 1 of 4
PERSONAL SERVICES AGREEMENT
FOR
MUNICIPAL COURT JUDGE
THIS AGREEMENT is entered into by and between the City of Pasco, Washington, a
Municipal Corporation, hereinafter referred to as " City," and Carlos D. Villarreal, hereinafter
referred to as " Judge," for the purpose of employment as a Municipal Court Judge for the City of
Pasco Municipal Court.
RECITALS
WHEREAS, the City has established by Ordinance a Municipal Court as authorized by
Chapter 3. 50 of the Revised Code of Washington (RCW), having jurisdiction to exercise all powers
vested in Municipal Courts, together with such other powers and jurisdiction as are generally
conferred upon such Courts in the State of Washington, either by common law or by express
statute or Ordinance; and
WHEREAS, Judge has qualified to serve as a Municipal Court Judge and desires to do
so as a part-time employee of the City.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Duties. Judge shall serve as Municipal Court Judge for the City on a part -time basis
pursuant to contract as authorized by GR 29(k) in accordance with City Ordinance 2505,
RCW Chapter 3. 50, and shall serve as the presiding Judge pursuant to GR 29 to the extent
applicable, the Judge shall be responsible for:
a. Court Administration: Judge shall supervise the Court staff and shall make or be
responsible for all administrative decisions regarding operation of the Court in
conformance with State law and Pasco Municipal Code. Judge shall recommend
personnel policies for Municipal Court administration, and shall make
recommendations for the hiring, discipline and termination of employees.
Administration of Court personnel shall be in conformance with the City policies and
with concurrence of the City Manager, recognizing the unique nature of Court
employees and the Judge' s rights and responsibilities respecting Court employees.
Administration of the Court financial or budgetary functions shall be in conformance
with the City policies and standard accounting practices, BARS and JIS, and with the
concurrence of the City Finance Director.
b. Adjudication: Judge shall be available, consistently and punctually, for adjudication of
all Municipal litigation on all dockets. Designation and scheduling of dockets shall be
fixed by the Judge to accommodate the most efficient use of Court time and resources;
any such schedule shall be filed with the City Manager. All dockets shall continue until
scheduled cases for that docket are adjudicated or continued.
Personal Services Agreement - Carlos D. Villarreal
Municipal Court Judge
Page 2 of 4
In addition, non-docket hours shall be performed as may be necessary to review and
provide appropriate direction to staff on correspondence, accomplish research, case
review, telephonic issued warrants and orders, and Court administration up to a
combined (docket and non-docket) maximum of thirty-four (34) hours per week.
Should these activities or administrative demands of the Court require more than
thirty-four (34) hours in any week, Judge shall not be entitled to additional
compensation from the City.
c. Judicial Conduct: Judge shall maintain a judicious demeanor fostering respect for the
Bench, fulfill continuing legal or judicial education requirements (no less than half of
which shall consist of training in criminal law and procedure). Judge shall comply with
the Code of Judicial Conduct (CJC) subject to the provisions of Article II (part- time
Judge) providing for the continued practice of law consistent therewith; and the Code
of Ethics for municipal officers (RCW 42.23) prohibiting the use of public facilities or
employees for non-municipal business.
d. Additional Duties: Judge is responsible for determining the qualifications of, selecting,
and establishing a training program for a Judge Pro Tem to serve in the absence of the
Judge. Judge shall be aware of and consider the Standards for Indigent Defense and
certification of compliance requirements of the Washington State Supreme Court and
provide such information and recommendations to the indigent defense supervisor to
meet compliance with the Wilbur v. City of Mount Vernon criteria.
2. Inter-Department Cooperation. Recognizing the Court is an independent branch of
municipal government, Judge shall endeavor to administer the Court at all times so as to
comply with any reasonable request of any other municipal department, or the executive
or legislative branches of City government, so long as such compliance does not impair the
necessary independence of the Court. Judge will comply with written directives from the
Mayor and/or the City Manager which apply to administrative and financial matters; such
directives will not apply to judicial issues, nor shall such directives conflict with the
applicable provisions of GR 29, the Code of Judicial Conduct, or statutory judicial
authority, or which would create any impropriety or the appearance of impropriety
concerning the Judge' s activities.
3. Term. Unless earlier terminated as provided below, the term of employment shall
commence on January 1, 2026 and continue through December 31, 2029.
4. Salary. The salary for Judge shall be paid one hundred ninety-two thousand dollars
($192,000), commencing January 1, 2026, subject to applicable taxes and payroll
deductions; based on the salary of a district court judge, which is set by Washington
Citizens' Commission on Salaries. Salary shall be payable in accordance with the City's
planned payment schedule. For years 2027, 2028, and 2029, Judge’s prorated salary shall
increase consistent with Washington Citizens' Commission on Salaries’ determination for
district court judges for the respective years.
5. Holiday. The Court will not be in session during Washington State's statutory Court
holidays. Judge shall receive payment for holidays, credited at the rate of eight (8) hours
per holiday.
Personal Services Agreement - Carlos D. Villarreal
Municipal Court Judge
Page 3 of 4
6. Pro Tem Judges. In addition to the schedule as provided in section 1 above, the use of
Pro Tem Judges may be necessary due to the Judge' s absence from regularly scheduled
dockets. Payment for such usage shall be made from that sum budgeted for Pro Tem Judge
services.
In the event a Pro Tem Judge is used because of a conflict of interest on Judge's part or
because of the filing of an Affidavit of Prejudice, the item shall be placed on the Pro Tem
docket, however, Judge shall not be excused from fulfilling any other administrative or
calendared duties required of his office.
In the event that the Judge is not able to fulfill his Judicial and/or Administrative duties
due to suspension by the Washington State Commission on Judicial Conduct, such time
period shall be considered leave without pay and City may use Pro Tem Judge services
pending completion of the suspension. The City reserves the right to place Judge on
administrative leave, with or without pay, and use Pro Tem Judge services pending
completion of an investigation by the Commission.
7. City Employment Benefits. Judge shall be entitled to the following City of Pasco
Benefits:
a. Vacation leave accrued at the rate of seven point three eight (7.38) hours per bi-weekly,
at the accrual rate established for City Department Directors.
b. Sick leave accrued at the rate of three point seven (3.7) hours per bi-weekly pay period.
c. Vacation or sick leave taken during regularly scheduled dockets (and requiring the use
of Pro Tem Judge) will be deducted from Judge’s leave bank. Leave shall be scheduled
to the extent practicable around dockets.
d. Civil and bereavement leave may be taken per City policy.
e. Medical, dental, vision and accidental death and dismemberment insurance, as
available to City department directors.
f. Life insurance. The City shall provide life insurance in the amount as available to City
department directors.
g. The City shall provide Judge an annual professional development stipend of five
hundred dollars ($500.00).
8. Termination of Employment. The City may immediately terminate Judge's
employment for cause as set forth in RCW 3.50.095 and consistent with Article IV, Section
31 of the Washington State Constitution. For the purpose of this Agreement, the failure of
the Judge to perform the duties in Section 1 provided above, shall constitute misconduct
or malfeasance in office. Judge may terminate his employment by giving sixty (60) days
written notice of intent to terminate. If employment is terminated during a month, Judge
shall receive a pro rata amount of salary for that portion of the month before the effective
date of termination.
Personal Services Agreement - Carlos D. Villarreal
Municipal Court Judge
Page 4 of 4
9. General Provisions.
a. For the purpose of this Agreement, time is of the essence with respect to the
performance of any of the provisions herein.
b. Dispute Resolution: In the event of a dispute regarding the breach, interpretation, or
enforcement of this Agreement, Judge and City Manager of the City of Pasco shall meet
in a good faith attempt to settle such dispute with or without the assistance of a
mediator. Any disputes remaining unresolved following such meeting shall be resolved
by binding arbitration, and the prevailing party shall be entitled to its reasonable
attorney’s fees and costs as additional judgement against the other.
c. Entire Agreement: This Agreement represents the entire Agreement between the
parties respecting the subject matter hereof. All prior negotiations, agreements,
representations, warranties or other matters of like or any nature shall be of no further
force or effect and are hereby superseded by this Agreement. Notwithstanding any
course of dealing to the contrary, this Agreement shall not be amended or modified in
any manner other than by a written instrument, signed by all parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
CITY OF PASCO, WASHINGTON MUNICIPAL COURT JUDGE
Harold L. Stewart II, City Manager Carlos D. Villarreal
ATTEST: APPROVED AS TO FORM:
Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorney