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080-21 - Resolution - Re-Appointment Tim Drury as Municipal JudgeRESOLUTION NO.080-21 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 FOR THE YEARS 2022 TO 2025. 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 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 a second term as the municipal judge; 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 January 1, 2022 and ending December 31, 2025. The Mayor is authorized to execute the Judicial Employment Contract with Tim Drury attached hereto as Exhibit A and incorporated herein by this reference, in a form acceptable to the City Attorney. 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 Clerk in authentication of such passage this 23rd day of November 2021. ATf e"` J101� -) Yl_Q_ Y�_ Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor ORI Ll ti�, ri ;. SBA o. 0F `�,WX'��� CITY OF PORT ORCHARD JUDICIAL EMPLOYMENT CONTRACT Contract No. 007-22 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, 2021; 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 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. 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 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. 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 CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 1 of 6 2022-2025 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 his 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 his employment and/or duties as such administrative hearing examiner. 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 January 1, 2022 through December 31, 2025. Unless earlier terminated per the terms herein, this Agreement shall automatically expire on December 31, 2025. 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 24 hours in any week, Drury shall not be entitled to additional compensation from the City. CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 2 of 6 2022-2025 SALARY Drury shall be paid One Hundred and Fourteen Thousand Dollars ($114,072.00) per year, subject to applicable payroll taxes and deductions. On January 1 of each year beginning in 2023, 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 he 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 -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. 7.2 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. 7.3 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 - tern judge(s). LEAVE 8.1 The City shall allocate two -hundred and sixteen (216) 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 maximum accrual of two hundred and sixteen (216) hours. PTO may be used for any reason including, but not limited to, vacation; sick leave; safe time; jury duty; voting; and personal holidays. Notwithstanding the foregoing accrual rates, Drury will accrue no less than one (1) hour of PTO for every 40 hours worked, in accordance with the Washington Paid Sick Leave Laws ("WPSLI," ). If PTO is being used for sick CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 3 of 6 2022-2025 or safe time ("SST") as defined by the WPSLL, employees are entitled to use their PTO in a manner consistent with that law. 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 his duties as judge as set forth herein. 10. MEDICAL, DENTAL, and VISION INSURANCE The City shall provide Drury with the same medical, dental and vision coverage provided to fulltime City Department Heads, which coverage is established by the City Council from time to time. 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. He shall be credited for eight (8) hours for each Monday and Tuesday, four (4) hours for each Wednesday, and two (2) hours for each Thursday and Friday on which he 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 his 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 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 -rats amount of salary for that portion of the month before the effective date of termination or resignation. 15. 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 CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 4 of 6 2022-2025 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 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. 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) Binding, Isffect. 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) Coarse of pealing. 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. CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 5 of 6 2022-2025 (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: By: Robert Putaansuu, Mayor Tim Drury 216 Prospect Street PO Box 1836 Port Orchard, WA 98366 Port Orchard, W 983666 Dated: _1) " 9 V - �l )� _ Dated: 0 ' 0 AT Brandy Rinearson, City Clerk APPROVED AS TO FORM; ;�pF �,Dla flf;,r r o r Charlotte A. Archer, City Attoinq'S E L - -N r� frJ aF A i "0, CONTRACT FOR MUNICIPAL COURT JUDGE EMPLOYMENT Page 6 of 6 2022-2025