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066-17 - Tim Drury - ContractJUDICIAL EMPLOYMENT CONTRACT THIS JUDICIAL EMPLOYMENT CONTRACT ("Contract"), effective January 1, 2018, 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. 1.DUTIES Drury shall serve as Municipal Court Judge for the City. He 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 City policies 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. 1.1 Drury shall serve as the probable cause judge by telephone or other electronic means on weekends and holidays as required. 1.2 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 his employment and/or duties as such administrative hearing examiner. 1.3 2.INTERDEPARTMENTAL COOPERATION 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. 2.1 2.2 Drury will comply with written directives from the Mayor, which apply to financial matters. 3.LENGTH OF TERM Drury shall serve as judge from January 1, 2018 through December 31, 2021. 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 32 hours in any week, Drury shall not be entitled to additional compensation from the City. CONTRACT FOR MUNICIPAL COURT JUDGE 2018-2021 Page 1 of 5 Contract No. 066-17 SALARY5. Drury shall be paid Ninety-Seven Thousand Dollars ($97,000.00) per year, subject to applicable payroll taxes and deductions. On January 1 of each year beginning in 2019, 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. HOLIDAYS6. 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 he be credited for Labor and Industries reporting purposes for such holidays. j !PRO-TEM JUDGES7. From time to time the use of pro-tern 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-tern services. Drury's absence from the Court shall not be deemed for personal reasons if he is exercising vacation leave, sick leave, or civil leave, or if he is absent for any job-related reason. 7.1 ] In the event a pro-tern 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. 7.2 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 protem 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-tern judge(s). VACATION LEAVE8. 8.1 Drury shall earn 128 hours of vacation leave annually, which shall be credited on a prorated monthly basis, subject to a maximum accrual of 240 hours. Drury 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 resignation, Drury shall have given at least sixty (60) calendar days written notice of such resignation before being entitled to receive such pay. If Drury has accrued vacation leave in excess of two hundred forty (240) hours, he 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. 8.2 SICK LEAVE9. Drury shall earn 78 hours of sick leave annually, which shall be credited on a prorated monthly basis, subject to a maximum sick leave accrual of 720 hours. Under no circumstances shall Drury 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 2018-2021 Page 2 of 5 10. PROFESSIONAL LEAVE Drury shall be allowed up to sixty-four (64) hours of professional leave per year, accrued on January 1st of each year of this Contract. Professional leave may be used for any course, seminar or training that fulfills Drury's continuing judicial education (CJE) requirements under GR 26, or for any other judicial training related course or conference. Professional leave must be used within the calendar year in which it accrues and does not carry over to the following year. 11. CIVIL LEAVE It may be necessary for Drury to serve as a member of a jury or to exercise other duties, in which event he may be granted civil leave from his employment as judge. Any compensation received by Drury while on civil leave from his employment as judge shall be deducted from his salary by the City or, alternatively, shall be paid over to the City. 12. OTHER EMPLOYMENT Drury may accept other employment, but not as a criminal defense attorney in Kitsap County; except to provide criminal defense representation in any Kitsap County case on which he has been retained that is pending as of the effective date of this Contract. Any outside employment may not interfere with his duties as judge as set forth herein. 13. MEDICAL. DENTAL, and VISION INSURANCE The City shall provide Drury 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. 14. LIFE INSURANCE The City shall provide a life insurance policy in the amount of fifty thousand dollars ($50,000.00) with Drury only as named insured for such beneficiary as Drury designates. 15. LABOR AND INDUSTRIES REPORTING For Labor and Industries reporting purposes Drury shall submit daily time records. He shall be credited for eight (8) hours for each Monday, Tuesday and Wednesday and four (4) hours for each Thursday and Friday on which he performs court related duties, and for leave days as set forth previously herein. 16. 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 his employment for so long as the position remains an eligible position as defined under PERS rules. 17. TERMINATION AND RESIGNATION OF EMPLOYMENT The City may terminate Drury's employment as set forth in RCW 3.50.095. Drury may resign his 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 before the effective date of termination or resignation. CONTRACT FOR MUNICIPAL COURT JUDGE 2018-2021 Page 3 of 5 18. REPRESENTATIONS Drury represents and affirms that he 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. 19. OPPORTUNITY FOR INDEPENDENT REVIEW Drury represents that he: 1) has had a reasonable time to consider this; 2) has had the opportunity to have this Contract reviewed by his attorney if he so desired; 3) fully understands the significance and consequences of the Agreement; and 4) has voluntarily signed this Agreement after full reflection and analysis. 20. MISCELLANEOUS PROVISIONS 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. (a) 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. (b)! i ;!(c) Binding Effect. 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. 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. (9) (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. Page 4 of 5CONTRACT FOR MUNICIPAL COURT JUDGE 2018-2021 IN WITNESS WHEREOF the parties have set their hand and seal on the date set forth below. CrTYOF PORT ORCHARD: ROBERT PUTAANSUU, Mayor 216 Prospect Street Port Orchard, WA 98366 TIM DRURY PO Box 1836 Port Orchard, WA 98366 8 :#SEAL 1 ATTEST: BRANDY RINEAFtSON, City Clerk CONTRACT FOR MUNICIPAL COURT JUDGE 2018-2021 Page 5 of 5 ^a>'vu"'j k.'P: ■;- 5 * 'f * ... ~ ,u-I - j= :: s..