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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: ��� �C�'l�--- 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