HomeMy WebLinkAbout4566 Ordinance - Reppointment of Pasco Municipal Court Judge Jan 2022 to Dec 2025 ORDINANCE NO. 4566
�/ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
CONFIRMING THE REAPPOINTMENT OF CRAIG STILWILL 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 STILWILL'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, Judge Craig Stilwill was initially appointed as Pasco Municipal Court Judge
for a four-year term, from January l, 2018 through December 31, 2021; and
WHEREAS, the City Manager has reappointed Judge Stilwill to the Pasco Municipal
Court for another four-year term, commencing on January 1, 2022, through December 31, 2025,
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 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the reappointment of Craig Stilwill as Pasco Municipal Court Judge by
the City Manager for another four-year term commencing on January 1, 2022 through December
31, 2025, is hereby confirmed by the Pasco City Council and the Council further authorizes the
City Manager to execute a Personal Services Agreement for Judge Craig Stilwell's judicial
services.
Section 2. The salary of the Municipal Court Judge shall be adjusted annually on January
1, using the formula of 85% of a District Court Judge as set by the Washington State Salary
Commission. Payment for usage of a Pro Tem Judge shall be made from that sum budgeted for
Pro Tem Judge services. Annual increases each January 1 for the term of the Agreement and any
cost-of-living adjustment shall be pursuant to compensation provisions noted in Exhibit A.
Section 3. The City Manager has authorization to enter into a Personal Services Agreement
with Judge Stilwill in substantially similar form as attached Exhibit A.
Ordinance—Reappointment of Pasco Municipal Court Judge- 1
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. This Ordinance shall take full force and effect five (5) days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, ,Washington this 6th day of December,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
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Debra Barham, CMC Kerr Fergu w, PLLC
City Clerk City �ey
Published: �I�►ti� c1 ��
Ordinance—Reappointment of Pasco Municipal Court Judge-2
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 Craig Stilwill, 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 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 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,to adjudication
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
Municipal Court Judge- 1
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(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-De�artment 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, 2022 and continue through December 31, 2025.
4. Salarv.Judge shall be paid one hundred sixty-eight thousand dollars$168,000.00 per year,
commencing January 1, 2022, subject to applicable taxes and payroll deductions. Salary
shall be payable in accordance with the City's planned payment schedule. The annual
salary shall increase over the term of this agreement as follows:
Personal Services Agreement
Municipal Court Judge-2
a. For 2023 salary shall increase by two (2) percent (from previous year) plus a Cost
of Living Adjustment (COLA) consistent with the Manager Group rate COLA for
2023.
b. For 2024 salary shall increase consistent with the Manager Group COLA for 2024.
c. For 2025 salary shall increase by two(2)percent(from previous year)plus a COLA
consistent with the Manager Group rate COLA for 2025.
5. Ho" lidav. 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 six (6)hours per
holiday.
6. Pro Tem Jud�es. 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. Citv Emulovment Benefits. Judge shall be entitled to the following City Benefits:
a. Vacation leave accrued at the rate of one-hundred ninety two (192) hours per
year, at the City Department Director rate.
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 Pro
Tem Judge)will be deducted from Judge's leave bank. Leave shall be scheduled to
the extent practicable 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.
Personal Services Agreement
Municipal Court Judge- 3
e. Life insurance. The City shall provide life insurance in the amount as available to
City department directors.
f. Participation in the Washington State Public Employees Retirement System
(PERS).
g. The City shall provide Judge an annual professional development stipend of five-
hundred dollars ($500.00)
8. Termination of Emplovment. 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.
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 judgment against
the other.
c. Entire A�,reement: 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 hereunto set their hands as of the date
first above written.
Personal Services Agreement
Municipal Court Judge-4
CITY OF PASCO MUNICIPAL COURT JUDGE
By. By:
Dave Zabell, City Manager Craig Stilwill
APPROVED A OR
By
err Fer r on Law, PLLC
City orney
Personal Services Agreement
Municipal Court Judge- 5