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104-09 - Resolution - Ratifying Mayor's Signature for Municipal Court JudgeIntroduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 104-09 City Clerk City Clerk City Clerk December 8, 2009 December 8, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RATIFYING THE MAYOR'S SIGNATURE TO ENTER INTO AN EMPLOYMENT AGREEMENT FOR MUNICIPAL COURT JUDGE WHEREAS, pursuant to Port Orchard Municipal Code Section 2.52.020 and RCW 3.50.040, the Mayor proposes to appoint Tarrell S. Decker as Municipal Court Judge to serve a four-year term commencing January 1, 2010 and ending December 31, 2013; and WHEREAS, the City and Judge Decker desire that the terms of her employment shall be as set forth in the employment contract attached hereto as Exhibit A; no\1·, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Port Orchard City Council authorizes the ratification of the terms of the Employment Contract (incorporated herein by reference as Exhibit A) with Tan·el! S. Decker for Municipal Court Judge for a four-year term commencing January 1, 2010 and ending December 31, 2013 and authorizing the Mayor to execute same. PASSED by the City Council of the City of Pmt Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 8th day of December 2009. / /-;.~/ ____;z;~//~·~-/~­ Lary.-Co ola, v EMPLOYMENT CONTRACT THIS CONTRACT, effective January 1, 2010, is made and entered into by and between the CITY OF PORT ORCHARD, a Washington Municipal Corporation (hereinafter "the City"), and TARRELL S. DECKER (hereinafter "Decker"), 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. 1. DUTIES Decker shall serve as Municipal Court Judge for the City. She 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 state law and the Port Orchard City Code. Administration of Court personnel shall be in conformance with Cily policies and with the concurrence of the City Clerk. Administration of Court financial or budgetary functions shall be in conformance with City policies and standard accounting procedures, BARS and JIS and with the concurrence of the City Treasurer. No contract shall be signed by Decker without approval of the Cily Council. Additionally, Decker shall serve as administrative hearing examiner and shall conduct hearings as an administrative hearing examiner for purposes of Port Orchard City Code Chapter 10.76 PARKING VIOLATORS. It is understood and agreed that the City of Port Orchard shall defend, hold t1armless, release and discharge Decker from all claims, demands or actions arising from her employment and/or duties as such administrative hearing examiner. Additionally, if designated by the chief law enforcement officer of the City, Decker shall serve as administrative hearing examiner and shall conduct hearings as the administrative hearing examiner for purposes of RCW 69.50.505 SEJZURE AND FORFEITURE, as amended. It is understood and agreed that the City of Port Orchard shall defend, hold harmless, release and discharge Decker from all claims, demands or actions arising from her employment and/or duties as such administrative hearing examiner. 2. INTERDEPARTMENTAL COOPERATION Decker shall endeavor to administer the Court at all times so as to comply with any reasonable request of any other municipal department, or of the executive and legislative branches of cily government, so long as such compliance does not impair the necessary independence of the Court. Decker will comply with written directives from the Mayor, which apply to administrative and financial matters. The directives will not apply to judicial issues. 3. LENGTH OF TERM Decker shall serve as judge from January 1, 2010 through December 31, 2013. 4. MINIMUM TIME REQUIREMENT Decker sl1all be responsible for the administration of the Court, and sit as judge and hearing examiner as required for a minimum of three days per week. There shall be lwo days per week for regular Coutt calendars and hearings and one day per week for trials. Should these activities, or the administrative L1emands of tre Court, require more than three days in any week, Decker sl1all not be entitled to additional compensation from the City. CONTRACT FOR MUNICIPAL COURT JUDGE 2010-2013 Page 1 of 4 5. SALARY Decker shall he paid $72,473 per year, subject to applicable payroll taxes and deductions. On October 1 of each year beginning in 2010, the City shall provide Decker 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 Decker shall not be entitled to payment for overtime. 6. HOLJDAYS 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). Decker shall not be entitled to payment for holidays which occur on days Decker is not regularly scheduled to sit as judge nor shall she be credited for Labor and Industries reporting purposes for such holidays. 7. PRO-TEM JUDGES From time to time the use of pro-tem judges will be necessary in the Court. Should such usage be necessitated by Decker's absence from the Court for personal reasons, the cost of such usage shall be deducted from Decker's salary. Otherwise, payment for such usage shall be made from that sum budgeted for payment for pro-tem services. Decke~s absence from the Court shall not be deemed for personal reasons if she is exercising vacation leave, sick leave, or civil leave, or if she is absent for any job-related reason. In the event a pro-tern judge is used because of a confiict of interest on Decker's part, or because of the filing of an affidavit of prejudice, Decker shall not be excused from fulfilling any other administrative or calendar duties as may be neces5ary during such usage. In the event it is determined by 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 the judge, then the judge shall be responsible and liable for the costs and expenses incidental to the use of such pro-tem judge(s). 8. VACATION LEAVE Decker shall be allowed vacation leave at the rate of one (1) day (8 hours) per month, subject to a maximum accrual of 240 hours. Decker shall receive pay for any portion of vacation earned, but not taken, upon leaving the employ of the City; provided, that in case of voluntary termination, Decker shall have given at least sixty (60) calendar days written notice of such termination before being entitled to receive such pay. If Decker has accrued vacation leave in excess of two hundred forty (240) hours, she may be continued on the payroll for the time equivalent to the amount of time in excess of two hundred forty (240) hours of accrued vacation leave. 9. SICK LEAVE Decker shall be allowed sick leave at the rate of five eighths {5/8) of one day (5 hours) per month, subject to a maximum sick leave accrual of 720 hours. Under no circumstances shall Decker receive, or be entitled, to pay for any portion of sick leave earned, but not taken, upon leaving the employ of the City. CONTRACT FOR MUNICIPAL COURT JUDGE 2010-2013 Page 2 of 4 10. CIVIL LEAVE It may be necessary for Decker to serve as a member of a jury or to exercise other duties, in which event she may be granted civil leave from her employment as judge. Any compensation received by Decker while on civil leave from her employment as judge shall be deducted from her salary by the City or, alternatively, shall be paid over to the City. 11. OTHER EMPLOYMENT Decker may accept other employment, provided, that such employment does not interfere with her duties as judge as set forth herein. 12. MEDICAL, DENTAL. and VISION INSURANCE The City shall provide Decker with the same medical, dental and vision coverage provided to full- time City Department Heads, which coverage is established by the City Council from time to time. 13. LIFE INSURANCE The City shall provide a life insurance policy in the amount of fifty thousand dollars ($50,000.00) with Decker only as named insured for such beneficiary as Decker names. 14. LABOR AND INDUSTRIES REPORTING For Labor and Industries reporting purposes Decker shall submit daily time records. She shall be credited for eight (8) hours for any day she performs court related duties, and upon leave days as set forth previously herein. 15. WASHINGTON STATE PUBLIC EMPLOYEES RmREMENT 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. Decker shall be subject to PERS during her employment for so long as the position remains an eligible position as defined under PERS rules. 16. TERMINATION OF EMPLOYMENT The City may terminate Decker's employment as set forth in R.C.W. 3.50.095. Decker may terminate her employment by giving sixty (60) days written notice of intent to terminate. lf employment is terminated during a month, Decker shall receive a pro-rata amount of salary for that portion of the month before the effective date of termination. 17. REPRESENTATIONS Decker represents and affirms that she is: 1) a citizen of the United States of America; 2) a 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. 18. OPPORTIJNITY FOR INDEPENDENT REVIEW Decker represents that she: 1) has had a reasonable time to consider this Agreement; 2) has had the opportunity to have this Agreement reviewed by her attorney if she so desired; 3) fully understands the significance and consequences of the Agreement: and 4) has voluntarily signed this Agreement after full reflection and analysis. CONTRACT FOR MUNICIPAL COURT JUDGE 2010-2013 Page 3 of 4 19. . MISCELLANEOUS PROVISIONS (a) Construction. This Agreement 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 Agreement 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 Agreement. (b) Attorney's Fees. In the event of any dispute between the parties arising out of or in connection with this Agreement, 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) Binding Effect. This Agreement 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 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 and are superseded by this Agreement. (e) Course of Dealing. 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 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. (h) Severabilitv. In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement 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 W~E.~E~F the p~~;es h~/ heir hand and seal on the date set forth below. CITY <'\F PORT OR~JID;:;;:::-~ // ~---""'' / / . I ' I. \ -_/ //_ </// J,:JuJ!lj_ ~~t.&~oL}(~ DATE .. ·' . //// G-~~ : • . I _j. ~:::.::/-/ 1 JcJJZIL~ ~7)~~-- · .. PATRICIA J. KIRKP TRICK, cr-.lc, City Clerk CONTRACT FOR MUNICIPAL COURT JUDGE 201 O· ;~o ;_3 Page 4 of 4