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HomeMy WebLinkAboutDavid Petersen - Judge - Personal Services Agreement 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 David L . Petersen , Attorney -at- Law , hereinafter referred to as "Judge , " for the purpose of employment as a Municipal Court Judge for the City of Pasco Municipal Court . WHEREAS , the City has established by Ordinance a Municipal Court as authorized by Chapter 3 . 50 the Revised Code of Washington , 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 Municipal Judge and desires to do so as a part- time employee of City ; NOW , THEREFORE , IN CONSIDERATION of the mutual covenants contained herein , the parties agree as follows : I . Duties . Judge shall serve as Municipal Court Judge for the City . Judge shall : A . Court Administration . Judge shall supervise the Court staff, and shall make or be responsible for all the 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 the concurrence of the City Manager . 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 Financial Services Manager . B . Adjudication . Judge shall be available , consistently and punctually , to adjudicate all Municipal litigation on the dockets as set forth in Exhibit A , attached hereto and incorporated herein by this reference . Designation and scheduling of dockets may be amended from time to time upon mutual written agreement of the parties . All dockets shall continue until scheduled cases for that docket are adjudicated or continued . 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 (30) hours per week . Should these activities or administration demands of the Court require more than thirty (30) 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) , and shall comply with the Code of Judicial Conduct . 2 . Inter-Department Cooperation . Judge shall endeavor to administer the Court at all times so as to comply with any reasonable requests 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 City Manager which apply to administrative and financial matters ; such directives will not apply to judicial issues . 3 . Length of Term . Unless earlier terminated as provided below , the term of employment shall cornmence on June 1 , 2011 through December 31 , 2013 . 4 . Salary . Judge shall be paid $ yh000 per year, commencing June 1 , 20111 subject to applicable payroll taxes and deductions . Salary shall be payable in accordance with the City ' s planned payment schedule . The annual salary may be adjusted annually during the budgeting process and subject to the annual cost of living adjustments , if any , as fixed by action of the City Council . This is an exempt salary position and Judge will not be entitled to payment for overtime . 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 6 hours per holiday . 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 Judge ' s absence from regularly scheduled dockets . Payment for such usage shall be made from that sum budgeted for pro tem services . In the event a pro tem 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 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 services pending completion of the suspension . The City reserves the right to place Judge on administrative leave , with or without pay , and use pro -tern services pending completion of an investigation by the Commission . 7 . City Employ vent Benefits . Judge shall be entitled to the following City benefits : A . Vacation leave accrued at the rate of 5 . 54 hours per bi -weekly pay period . B . Sick leave accrued at the rate of 2 . 78 hours per bi - weekly pay period . Vacation or sick leave taken during regularly scheduled dockets (and requiring the use of a Pro Tem Judge ) will be deducted from Judge ' s leave bank . Leave shall be scheduled to the extent possible around established dockets . C . Civil and bereavement leave may be taken per City policy . D . Medical , dental , vision and accidental death and dismemberment insurance , as available to City department directors . E . Life Insurance . The City shall provide life insurance in the amount as available to City department directors . Personal Services Agreement — Municipal Court Judge Page 2 F . Participation in the Washington State Public Employees (PERS ) Retirement System . 8 . Termination of Employ. The City may immediately terminate Judge ' s employment for cause as set forth in RCW 3 . 50 . 095 . For the purpose of this Agreement, the failure of Judge to perform the duties provided in Section I 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 . 90 General Provisions , A . For the purpose of this Agreement, time is of the essence with respect to the performance of any of the provisions hereof. Be Dispute Resolution . In the event of a dispute regarding the breach , interpretation , or enforcement of this Agreement , Judge and the City Manager of the City of Pasco shall meet in an attempt to settle such dispute . Any disputes remaining unresolved following such meeting shall be litigated in the Franklin County Superior Court , and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment against the other. C . This Agreement represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations , agreements , representations , warranties or other matters of like or any other nature shall be of no further force or effect or superseded by this written Agreement . Notwithstanding any course of dealing to the contrary , this Agreement shall not be amended or modified in any manner other than by an instrument in writing, signed by all parties . CITY OtPASC Gary Cr tchfield , City anaj er Date APPROVED AS TO FORM . awn Leland Be Kerr , City Attorney Date MUNICIPAL COURT JUDGE `� e a5 1 / l ? f David L . Petersen Date Personal Services Agreement — Municipal Court Judge Page 3 Exhibit " A " Pasco Municipal Court - Docket Schedule - Start Times * Day Start Time Docket * Monday 9 : 00 a . m . Mitigation , Pre - hearing Conferences , Contested Hearings and Arraignments 1 : 45 p . m . Pretrial and Arraignments Tuesday 9 : 00 a . m . Pretrial and Compliance 1 : 45 p . m . Arraignments and Settlement Conferences Wednesday 9 : 00 a . m . Jury Trials ( even days ) 1 : 45 p . m . Jury Trials Wednesday 9 : 30a . m . * * * Pro tem docket ( odd days) * * * Judge may be needed for In - Custody Arraignments Thursday 9 : 30 a . m . In - Custody Arraignments ( if needed) Friday 9 : 30 a . m . Motion Docket (even days) Trial Readiness (odd days ) * Typical start tirne on the bench . Court scheduled times should be listed as earlier to accommodate pre - court preparation . * * In custody arraignments may be required on any court day . Additional items may be added to any docket . * * * Start times may vary clue to specific circumstances , jail schedules , etc . The intent of this exhibit is to provide for consistent and reliable start times , as much as possible , to insure efficiency and economy for the court and all participants . Personal Services Agreement — Municipal Court Judge Page 4