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HomeMy WebLinkAboutFranklin Co - Jury Panel Agreement FRANKLIN COUNTY RESOLUTION NO. U13 178 BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT EFFECTIVE THROUGH DECEMBER 31, 2017 WHEREAS, Franklin County Resolution 2008-355 approved the previous agreement regarding jury panels for Municipal Court; and WHEREAS, there has been an increase in costs and fees, thus, a new agreement is requested to be signed by the Franklin County Board of Commissioners; and WHEREAS,the term of this agreement will expire December 31, 2017; and WHEREAS, pursuant to R.C.W. 36.01.010 and R.C.W. 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the County and have the care of County property and management of County funds and business; and WHEREAS,the Board of Franklin County Commissioners constitutes the legislative authority of Franklin County and desires to enter into this arrangement as being in the best interest of Franklin County; NOW,THEREFORE,BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached Agreement regarding jury panels for Municipal Court, effective through December 31, 2017. APPROVED this 15th Day of May, 2013. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Rick Miller, Chair Attest: Robe Koch, Chair Pro Tem Clerk to the B ' d Brad Peck, Member Originals: Auditor cc: Superior Court Administrator City of Pasco County Clerk (J:Reso12013\Agreement-Jury Panels-Municipal Court.doc) AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT WHEREAS A. The City of Pasco (hereinafter City) has a municipal court for which it needs, from time to time, panels of petit jurors; and B. Municipal court jurors shall be selected in the same manner as superior court jurors pursuant to RCW 2.36.050; and C. Jury management activities may be performed by the superior court on behalf of courts of limited jurisdiction pursuant to an agreement between the judges of each representative court pursuant to RCW 2.36.052; and D. Franklin County (hereinafter County) is capable of providing jury panels for City's court through the Franklin County Superior Court Clerk (hereinafter Clerk); and E. Superior court jurors are county employees for purposes of worker's compensation coverage under the Industrial Insurance Act, Title 51 RCW. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Section 1. Jury panels provided. Clerk shall provide to City, each Wednesday so often as City requests, a panel of up to eighteen potential jurors from which City may select persons to serve on it's petit juries. Clerk shall follow the statues and rules applicable to superior court petit juries in providing such potential jurors. To this end, Clerk's duties shall include, but are not necessarily limited to: a. Electronic, random selection of prospective jurors; b. Serving juror summonses; c. Receiving requests for excuses from jury service; d. Directing veniremen to the proper time and place for jury service; e. Payment of mileage and per diem. Section 2. Payment by City. City shall pay County Four Hundred dollars per day administrative fee plus actual mileage and per diem costs incurred by County per jury panel that reports for duty or serves upon a City case. Clerk shall bill City monthly for services due under this agreement. City shall pay County$1250.00 each year for postage and printing of juror summonses. Clerk shall bill City by November 15, of each year for such service under agreement. City shall pay such bill within thirty days. Jury Panel Agreement 1 Section 3. Call for panel. City shall notify Clerk of the need for a jury panel no later than four o'clock p.m. on the Tuesday before the panel is needed. Section 4. Call off. Once City has called Clerk to provide a jury panel, City shall notify Clerk no later than four o'clock p.m. on the day prior to jury service that the panel is no longer needed. In the event City fails to meet this deadline, it shall be charged the administrative fee plus any mileage or per diem costs incurred for providing a panel of jurors. Section 5. Payment to jurors. County shall pay, on behalf of City, the following fees to veniremen: a. Per diem: ten dollars per day; b. Mileage: at the rate established by the Director of Financial Management pursuant to RCW 2.36.150 and RCW 43.03.060. County shall not be obliged to pay for meals, lodging. Section 6. Duties of City. City shall record the names, addresses and mileage of all veniremen reporting for duty. In addition, City shall record the names of all jurors serving more than one day and the number of days served by each. City shall provide the foregoing information to the Clerk at the conclusion of the trial. Section 7. Risk of Non-reporting. City shall bear the risk and consequences of veniremen not reporting for service as directed by Clerk. Section 8. Status of jurors. For purposes of this agreement and the Industrial Insurance Act, any person summoned for City municipal court jury duty is an employee of the City while providing jury services for the municipal court. Section 9. American with Disabilities Act. City shall comply with all provisions of the American with Disabilities Act (ADA) which are applicable, including but not limited to Title 2 of the ADA. The parties agree that compliance as it relates to the structural aspects of the County building is not the responsibility of the City as the building is owned by the County. Section 10. Term. This agreement shall become effective upon signing and will expire December 31, 2017. Section 11. Termination. Any party may terminate this agreement by providing thirty days written notice to the other. Jury Panel Agreement 2 Section 12. Modification. This agreement may be modified only by written agreement of all parties. DATED this I day of C. ( , 20 (3. JUDGES OF THE SUPERIOR C T OF THE 7 O KLIN 7 r Bruce Spanner Craig J. Ma heson G,G(,f're((- "—), ,7 Carrie L. Runge Camer n Mitchey —7-7A-aZLkk, k)— - Robert G. Swisher If Vireuteletie Vic L. VanderSchoor DATED this0267 day of z , 20/3 A/ /"----- Mic I J. Killian Franklin County Clerk Jury Panel Agreement 3 DATED this ZLe day of P4/14/1A- , 201,4;. City of 'a-co ■-4--- -411111! Na e/Title• , W ATTEST: 1,(a. a_ A City Clerk Approved Franklin County Board of Commissioners Rick •,er Ch-irman Bob Koc , Chair Pro Tern /5.6-0-e.0 12,<— Brad Peck, Member Jury Panel Agreement 4