003-25 - Resolution - Appointing Tim Drury Municipal JudgeDocusign Envelope ID: F7AOA747-C8E8-41DD-8316-2DD527623E29
RESOLUTION NO. 003-25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RE-
APPOINTING TIM DRURY AS THE MUNICIPAL JUDGE AND AUTHORIZING THE
MAYOR TO EXECUTE A JUDICIAL EMPLOYMENT CONTRACT THROUGH
DECEMBER 31, 2028.
WHEREAS, since 1979, the City of Port Orchard has operated a municipal court, overseen by
the municipal judge; and
WHEREAS, pursuant to Port Orchard Municipal Code 2.08.090, the City's municipal judge
shall be appointed by the Mayor and confirmed by the City Council; and
WHEREAS, in 2017, the Mayor appointed and the City Council affirmed Tim Drury as the
municipal judge for a term from January 1, 2018 to December 31, 2021; and
WHEREAS, in 2021, Tim Drury was again appointed by the Mayor and confirmed by the City
Council as the municipal judge for a term from January 1, 2022 to December 31, 2025; and
WHEREAS, Judge Drury has approached the City with a proposal to reduce his hours from
24 per week to 20 per week; and
WHEREAS, the City finds it in the best interests of the City to agree to this reduction in weekly
hours for the Judge; and
WHEREAS, in acknowledgment of his performance in that role and the services he has aptly
provided to the City, the Mayor desires to re -appoint Judge Drury for an new four year term as the
municipal judge ending on December 31, 2028; and
WHEREAS, the City Council finds it is in the best interests of the residents of Port Orchard to
confirm the appointment of Judge Drury as municipal judge; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth
above are hereby adopted and incorporated as findings in support of this
Resolution.
THAT: The City Council confirms the Mayor's re -appointment of Tim Drury as
municipal judge for a term beginning February 3, 2025 and ending December 31,
2028. The Mayor is authorized to execute the Judicial Employment Contract with
Tim Drury attached hereto as Exhibit A and incorporated herein bythis reference,
in a form acceptable to the City Attorney.
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Resolution No. 003-25
Page 2 of 2
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 2811 day of January 2025.
ATTEST:
Signed by:
Brandy Wallace, MMC, City Clerk
Signed by:
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Robert Putaansuu, Mayor
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CITY OF PORT ORCHARD
JUDICIAL EMPLOYMENT CONTRACT
Contract No. 013-25
THIS JUDICIAL EMPLOYMENT CONTRACT ("Contract"), effective upon mutual
execution, is made and entered into by and between the CITY OF PORT ORCHARD, a
Washington Municipal Corporation (hereinafter "the City"), and TIM DRURY (hereinafter
"Drury"). This Contract establishes the minimum duties and benefits for the position of Municipal
Court Judge and is to be construed under the laws of the State of Washington.
WHEREAS, Judge Drury was appointed by the City Council to serve as the City's
Municipal Court Judge for a term from January 1, 2018 to December 31, 2025; and
WHEREAS, to meet its statutory court obligations, the City desires to extend the term of
employment for Judge Drury and set forth the terms and conditions of said employment in this
Agreement; and
WHEREAS, the City and Judge Drury have agreed that it is in the interest of both parties
to reduce the number of working hours provided for in this Agreement; and
WHEREAS, the City desires to set compensation for this position proportionate to that of
the judicial officers of the Kitsap County District and Superior Court operating in the City; and
NOW, THEREFORE, in consideration of the mutual covenants, conditions and terms
contained herein, the parties agree as follows:
1. DUTIES
1.1 Drury shall serve as Municipal Court Judge for the City. Drury shall supervise the
Court staff and shall make or be responsible for all of the administrative decisions regarding
operation of the Court in conformance with the Washington Constitution, the Revised Code of
Washington, the Code of Judicial Conduct, the General Rules of the Washington Court Rules,
and such other rules as may be prescribed by the Supreme Court of the State of Washington and
Washington State Judge's Ethics Advisory Opinions. The Judge is a Presiding Judge within the
meaning of General Rule (GR) 29 of the Washington Court Rules.
Administration of court personnel shall be in conformance with City policies, applicable
Collective Bargaining Agreement(s), and Washington State Court Rules. Administration of Court
financial or budgetary functions shall be in conformance with City policies and standard
accounting procedures, BARS and JIS. This Contract acknowledges that the Court is an
independent branch of government and that the judicial officer and court employees are bound to
act in accordance with the provisions of the Code of Judicial Conduct.
1.2 Drury shall serve as the probable cause judge by telephone or other electronic
means on weekends and holidays as required.
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1.3 Drury shall serve as the City's abatement officer for purposes of abatement
hearings and hearing appeals of abatement orders issued pursuant to Port Orchard Municipal Code
Chapter 20.212, 2.08 and 2.82. It is understood and agreed that the City of Port Orchard shall
defend, hold harmless, release and discharge Drury from all claims, demands or actions arising
from this employment and/or duties as such abatement hearing officer.
1.4 If designated by the chief law enforcement officer of the City, Drury shall serve as
administrative hearing examiner and shall conduct hearings as the administrative hearing
examiner for purposes of RCW 69.50.505 SEIZURE AND FORFEITURE, as amended. It is
understood and agreed that the City of Port Orchard shall defend, hold harmless, release and
discharge Drury from all claims, demands or actions arising from this employment and/or duties
as such administrative hearing examiner.
2. INTERDEPARTMENTAL COOPERATION
2.1 Drury shall endeavor to administer the Court at all times so as to comply with any
reasonable request of any other municipal department, to include directives from the City's
insurance risk pool, or of the executive and legislative branches of city government, so long as
such compliance does not impair the necessary independence of the Court.
2.2 The Court Administrator shall be appointed by Drury and shall serve as an at -will
employee. The Court Administrator and all represented court staff are City employees. Their
salaries, benefits, shall be established by the City and/or negotiated through the Collective
Bargaining Agreement. Drury understands that Court staff adhere to the same applicable
personnel policies as other City employees. The Mayor and Drury agree that Drury will participate
in the review and amendment of any such policies to ensure that they recognize the unique nature
of court employment and Drury's rights and responsibilities with respect to court employees.
Drury acknowledges the Court Administrator is an invited member to the City's Management
Team and may participate in discussions that are not in conflict with the separation of powers.
2.3 Drury will confer with the Mayor to coordinate administrative activities
concerning City procedures, policies and the budget in an effort to retain and ensure consistency
and common practices throughout the City. Drury will comply with written directives from the
Mayor which apply to financial matters.
3. LENGTH OF TERM
Drury shall serve as judge from February 3, 2025 through December 31, 2028. Unless earlier
terminated per the terms herein, this Agreement shall automatically expire on December 31, 2028.
4. MINIMUM TIME REQUIREMENT
Drury shall be responsible for the administration of the Court, and sit as judge, and hearing
examiner as required, during a five-day work week. A typical work week shall consist of regular
court calendars, hearings, and trials. Should these activities, or the administrative demands of the
Court, require more than 20 hours in any week, Drury shall not be entitled to additional
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compensation from the City.
5. SALARY
Drury shall be paid One Hundred Eight Thousand Six Hundred Sixty -Eight Dollars and fifty cents
($108,668.50) per year, subject to applicable payroll taxes and deductions. On the first full pay
period on or after January 1 of each calendar year beginning in 2026, the City shall provide Drury
an annual cost of living adjustment in an amount equal to cost of living adjustments as received
by the majority of the other City Department Heads. This is an exempt salaried position and Drury
shall not be entitled to any other compensation.
6. HOLIDAYS
The Court will not be in session during Washington State statutory court holidays nor during
holidays as set forth in the Port Orchard Municipal Code (POMC 2.28.040). Drury shall not be
entitled to payment for holidays which occur on days Drury is not regularly scheduled to sit as
judge, nor shall Drury be credited for Labor and Industries reporting purposes for such holidays
(see Section 12).
7. PRO-TEM JUDGES
7.1 From time to time the use of pro-tem judges will be necessary in the Court.
Should such usage be necessitated by Drury's absence from the Court for personal reasons, the
cost of such usage shall be deducted from Drury's salary. Otherwise, payment for such usage shall
be made from that sum budgeted for payment for pro-tem services. Drury's absence from the
Court shall not be deemed for personal reasons if Drury is exercising vacation leave, sick leave,
or civil leave, or if Drury is absent for any job -related reason.
7.2 In the event a pro-tem judge is used because of a conflict of interest on Drury's
part, or because of the filing of an affidavit of prejudice, Drury shall not be excused from fulfilling
any other administrative or calendar duties as may be necessary during such usage.
7.3 In the event it is determined by an appropriate third -party authority having
jurisdiction over Court activities (such as the Commission on Judicial Conduct or the Washington
State Supreme Court) that the use of pro-tem judges resulted from the wrongful acts of Drury,
then Drury shall be responsible and liable for the costs and expenses incidental to the use of such
pro-tem judge(s).
8. LEAVE
Drury will retain leave balances (PTO and sick) accrued but not taken upon the effective date of
this Agreement. Once the PTO balance reaches one hundred and eighty (180) hours, the City shall
allocate one hundred and eighty (180) hours of paid time off (PTO), per calendar year. This
allocated time shall be credited on a prorated in a manner consistent with other part-time non -
represented City employees. subject to a new maximum accrual of one hundred and eighty (180)
hours. PTO may be used for any reason including, but not limited to, vacation; sick leave; safe
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time; jury duty; voting; and personal holidays. Sick leave can be used in a manner consistent with
City policies. Drury will not accrue additional sick leave. Drury may retain any jury duty pay
received. Drury is not eligible for leave payout upon separation from the City.
9. OTHER EMPLOYMENT
Drury may accept other employment, but not as a criminal defense attorney in Kitsap County.
Any outside employment may not interfere with the duties as judge as set forth herein. It is
acknowledged that Drury is employed by Kitsap County in the capacity of a part-time District
Court Commissioner.
10. MEDICAL, DENTAL, and VISION INSURANCE
In lieu of health care insurance (medical, dental and vision), the City will make a monthly payment
of Two Hundred and Fifty Dollars ($250.00) into Drury's HRA VEBA account.
11. LIFE INSURANCE
The City shall provide Drury with the same life insurance policy provided to fulltime City
Department Heads.
12. LABOR AND INDUSTRIES REPORTING
For Labor and Industries reporting purposes Drury shall submit daily time records. Drury shall be
credited for eight (8) hours for each Monday and Tuesday, two (2) hours for each Wednesday,
and one (1) hour for each Thursday and Friday on which Drury performs court related duties, and
for leave days as set forth previously herein.
13. WASHINGTON STATE PUBLIC EMPLOYEES RETIREMENT SYSTEM
The position of Municipal Court Judge is an "eligible position" as that term is defined under the
present rules of the Washington State Public Employees Retirement System. Drury shall be
subject to PERS during this employment for so long as the position remains an eligible position
as defined under PERS rules.
14. TERMINATION OF EMPLOYMENT AND RESIGNATION OF EMPLOYMENT
The City may terminate Drury's employment as set forth in RCW 3.50.095. Drury may resign
from employment by giving sixty (60) days written notice of intent to resign. If Drury's last day
of employment is not at the end of a month, Drury shall receive a pro-rata amount of salary for
that portion of the month based on the hours provided for in Section 12 of this Agreement before
the effective date of termination or resignation.
15. REPRESENTATIONS
Drury represents and affirms that Drury is: 1) a citizen of the United States of America; 2) a
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citizen of the State of Washington; 3) a resident of Kitsap County; and 4) an attorney admitted to
practice law before the Courts of record of the State of Washington. Drury shall immediately
notify the Mayor if anything changes and a modification to these representations is necessary.
Drury acknowledges that the recission of these representations may be grounds for termination.
16. OPPORTUNITY FOR INDEPENDENT REVIEW
Drury represents that Drury: 1) has had a reasonable time to consider this; 2) has had the
opportunity to have this Contract reviewed by an attorney if Drury so desired; 3) fully understands
the significance and consequences of the Agreement; and 4) has voluntarily signed this
Agreement after full reflection and analysis.
17. MISCELLANEOUS PROVISIONS
(a) Construction. This Contract shall be construed and interpreted pursuant to
Washington law and any controversy or interpretation hereof shall be by the state courts of
Washington with venue in Kitsap County, Washington. The section titles throughout this Contract
are for convenience reference only and the words contained in them shall not be held to expand,
modify, amplify, or aid in the interpretation, construction, or meaning of this Contract.
(b) Attorney's Fees. In the event of any dispute between the parties arising out of or in
connection with this Contract, the substantially prevailing party in any action or proceeding to
resolve the same shall be entitled to recover their costs and expenses incurred, including
reasonable attorney's fees.
(c) BindingEffect. ffect. This Contract shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, personal representatives, successors and permitted
assigns.
(d) Entire Agreement. This Contract 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 and are superseded by this Contract.
(e) Course of Dealing. Notwithstanding any course of dealing to the contrary, this
Contract shall not be amended or modified in any manner other than by an instrument in writing,
signed by the parties.
(f) Non -Waiver. Waiver of a breach of any provision hereof shall not be deemed to
be a waiver of a breach of any other provision or a subsequent breach of the same provision.
(g) Notices. Any notice desired or required to be given hereunder shall be in writing
and shall be deemed received three days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended
at the address set forth below. Such addresses may be changed from time -to -time hereafter upon
written notice thereof to the other party.
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(h) Severability. In the event that one or more provisions of this Contract shall be
determined to be invalid by any court of competent jurisdiction or agency having jurisdiction
thereof, the remainder of the Contract shall remain in full force and effect and the invalid
provisions shall be deemed deleted.
(i) Time of Essence. Time is of the essence with respect to the performance of any
provision hereof.
IN WITNESS WHEREOF the parties have set their hand and seal on the date set forth
below.
CITY OF PORT ORCHARD
by:
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Robert Putaansuu, Mayor
216 Prospect Street
Port Orchard, WA 98366
Dated: 1/29/2025
rS79 IdTby:
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Brandy Wallace, City Clerk
APPROVED AS TO FORM:
Signed by:
203701F25520457...
Charlotte A. Archer, City Attorney
Ft,
gned by:
By: VK v��
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Tim Drury
PO Box 1836
Port Orchard, WA 98366
Dated: 1/30/202 5
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