HomeMy WebLinkAboutR-1997-040 Contract / Judge Pro Tem / Municipal CourtRESOLUTION NO. R-97- 40
A RESOLUTION A Resolution authorizing and directing the City Manager to enter
into contracts with licensed attorneys for the provision of judge
pro tem and temporary judge pro tem services for the Municipal
Court of Yakima at the rate of Forty Dollars per hour, with a
minimum of four hours.
WHEREAS, Yakima Municipal Code Section 1.60.040 requires the City manager
to, in writing, appoint judges pro tem to act in the absence, disability, or
disqualification of the regular judge with the Municipal Court; and
WHEREAS, the rate of Forty Dollars per hour with a minimum of four hours is
deemed an adequate rate of pay to secure qualified judges pro tem, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
That the Yakima City Manager is hereby directed to enter into written
contracts, with citizens of the United States of America and the State of Washington
who are attorneys licensed to practice law before the courts of record with the State
of Washington, for the provision of judge pro tem and temporary judge pro tem
services, at the rate of Forty Dollars per hour with a minimum compensation of four
hours pay for each day worked.
ADOPTED BY THE CITY COUNCIL this 4th day of March , 1997.
ATTEST:
City Clerk
(lk)rtiryudges pro leak/v.
Mayor Pro—Tem John Puccinelli
APPOINTMENT AS JUDGE PROTEM
of
THE MUNICIPAL COURT OF YAKIMA
and PROFESSIONAL SERVICES AGREEMENT
WHEREAS, RALPH E. THOMPSON, JR., is a citizen of the United States of
America, licensed to practice law in the State of Washington, and a resident of Yakima
County, Washington, therefore;
Ralph E. Thompson, Jr., is hereby appointed Judge Protem of the Municipal
Court of Yakima and shall act in the absence, disability, or disqualification of the regular
judge of the Municipal Court. Ralph E. Thompson, Jr., is hereby empowered to hear
and preside over all proceeding for enforcement of the City of Yakima's criminal
ordinances and traffic infractions. He shall, in addition, have authority to hear and
preside over all other actions brought forth to enforce or recover license penalties or
forfeitures declared by City ordinance or State statute; to forfeit cash bail or bail bonds
and issue execution thereon; and in general to hear and determine all causes, civil or
criminal, including traffic, parking, and animal control infractions arising under City
ordinances and to pronounce judgments in accordance therewith; and all such other
powers as generally conferred upon a judge protem in a municipal court in this state,
either by common law or by express statute.
Before entering upon the duties of the office, Ralph E. Thompson, Jr., shall take
and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the State of Washington, and that
will faithfully discharge the duties of the Judge of the Municipal Court of
the City of Yakima, according to the best of my ability."
Such oath shall be filed in the Office of the Yakima County Auditor and the City Clerk.
HENCE, IT IS HEREBY mutually agreed between the parties as follows:
1. Duties. Ralph E. Thompson, Jr., shall perform the duties of the
Judge Protem in the Municipal Court of Yakima.
2. Term. The term of this Agreement shall commence on April 15,
1997, and shall terminate on December 31, 1997, but in no event shall extend beyond
the current City Manager's termination of employment.
3. Compensation. In return for service as Judge Protem of the
Municipal Court of Yakima, Ralph E. Thompson, Jr., shall receive compensation at the
rate of Forty and no/100 Dollars ($40.00) per hour with a minimum compensation of four
(4) hours pay for each day worked. Such compensation shall be payable in monthly
installments upon proper voucher for the same, submitted by Ralph E. Thompson, Jr.,
and received by the Municipal Judge at 200 South Third Street, Yakima, Washington.
4. Taxes and Assessments. Ralph E. Thompson, Jr., shall be solely
responsible for compensating his employees and for paying all related taxes,
deductions, and assessments, including but not limited to, leasehold excise taxes,
federal income tax, FICA, Social Security Tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or
assessed against other parties as a result of this Agreement. In the event the City is
assessed a tax or assessment as a result of this Agreement, Ralph E. Thompson, Jr.,
shall pay the same before it becomes due.
5. Independent Contractor. The parties agree that Ralph E. Thompson,
Jr., is an independent contractor with the responsibility and authority to control and
direct the performance of the details of the work described herein, in accordance with
the terms and conditions of this Agreement. The implementation of contracted activities
and the results to be achieved are solely the responsibility of Ralph E. Thompson, Jr.,.
No agent, employee, subcontractor, or representative of Ralph E. Thompson, Jr.,, nor
Ralph E. Thompson, Jr., himself shall be deemed to be an employee, agent, servant, or
representative of the City of Yakima the City Municipal Court or District Court for any
purpose, and the employees, agents, subcontractor, or representative of Ralph E.
Thompson, Jr., will be solely and entirely responsible for his acts and for the acts of his
agents, employees, subcontractors, or otherwise, during the performance of this
Agreement.
6. Non-discrimination. Ralph E. Thompson, Jr., shall not discriminate
on the basis of race, creed, color, national origin, or physical, mental, or sensory
handicap in the performance of this Agreement.
Page 2 of 3
(ke)agmt/judge protem.jw
7. Integration. It is understood and agreed that all understandings and
agreements, whether written or oral, heretofore had between the parties hereto are
merged in the Agreement, which alone fully and completely expresses their agreement
that neither party is relying upon any statement or representation not embodied in this
Agreement, made by the other, and that this Agreement may not be changed except by
an instrument in writing signed by both parties.
DATED this r day of April, 1997.
CITY OF YAKIMA
By:
R. A. ZAIS, JFK., City Manager
200 South Third Street
Yakima, WA 98901
ATTEST:
Ai ,
City Contract No. `
(ke)agmt/judge protem.jw
2
RALPFI E: THOMPSON, JR.
Address•
/ //j
Page 3 of 3
APPOINTMENT AS JUDGE PROTEM
of
THE MUNICIPAL COURT OF YAKIMA
and PROFESSIONAL SERVICES AGREEMENT
WHEREAS, KELLEY OLWELL is a citizen of the United States of America,
licensed to practice law in the State of Washington, and a resident of Yakima County,
Washington, therefore;
Kelley Olwell is hereby appointed Judge Protem of the Municipal Court of Yakima
and shall act in the absence, disability, or disqualification of the regular judge of the
Municipal Court. Kelley Olwell is hereby empowered to hear and preside over all
proceeding for enforcement of the City of Yakima's criminal ordinances and traffic
infractions. He shall, in addition, have authority to hear and preside over all other
actions brought forth to enforce or recover license penalties or forfeitures declared by
City ordinance or State statute; to forfeit cash bail or bail bonds and issue execution
thereon; and in general to hear and determine all causes, civil or criminal, including
traffic, parking, and animal control infractions arising under City ordinances and to
pronounce judgments in accordance therewith; and all such other powers as generally
conferred upon a judge protem in a municipal court in this state, either by common law
or by express statute.
Before entering upon the duties of the office, Kelley Olwell shall take and
subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the State of Washington, and that I
will faithfully discharge the duties of the Judge of the Municipal Court of
the City of Yakima, according to the best of my ability."
Such oath shall be filed in the Office of the Yakima County Auditor and the City Clerk.
HENCE, IT IS HEREBY mutually agreed between the parties as follows:
1. Duties. Kelley Olwell shall perform the duties of the Judge Protem in
the Municipal Court of Yakima.
2. Term. The term of this Agreement shall commence on April 15,
1997, and shall terminate on December 31, 1997, but in no event shall extend beyond
the current City Manager's termination of employment.
3. Compensation. In return for service as Judge Protem of the
Municipal Court of Yakima, Kelley Olwell shall receive compensation at the rate of Forty
and no/100 Dollars ($40.00) per hour with a minimum compensation of four (4) hours
pay for each day worked. Such compensation shall be payable in monthly installments
upon proper voucher for the same, submitted by Kelley Olwell and received by the
Municipal Judge at 200 South Third Street, Yakima, Washington.
4. Taxes and Assessments. Kelley Olwell shall be solely responsible
for compensating his employees and for paying all related taxes, deductions, and
assessments, including but not limited to, leasehold excise taxes, federal income tax,
FICA, Social Security Tax, assessments for unemployment and industrial injury, and
other deductions from income which may be required by law or assessed against other
parties as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, Kelley Olwell shall pay the same before it
becomes due.
5. Independent Contractor. The parties agree that Kelley Olwell is an
independent contractor with the responsibility and authority to control and direct the
performance of the details of the work described herein, in accordance with the terms
and conditions of this Agreement. The implementation of contracted activities and the
results to be achieved are solely the responsibility of Kelley Olwell. No agent,
employee, subcontractor, or representative of Kelley Olwell, nor Kelley Olwell Iself
shall be deemed to be an employee, agent, servant, or representative of the City of
Yakima the City Municipal Court or District Court for any purpose, and the employees,
agents, subcontractor, or representative of Kelley Olwell will be solely and entirely
responsible for his acts and for the acts of his agents, employees, subcontractors, or
otherwise, during the performance of this Agreement.
6. Non-discrimination. Kelley Olwell shall not discriminate on the
basis of race, creed, color, national origin, or physical, mental, or sensory handicap in
the performance of this Agreement.
Page 2 of 3
(ke)agmt/judge protem.jw
7. Integration. It is understood and agreed that all understandings and
agreements, whether written or oral, heretofore had between the parties hereto are
merged in the Agreement, which alone fully and completely expresses their agreement
that neither party is relying upon any statement or representation not embodied in this
Agreement, made by the other, and that this Agreement may not be changed except by
an instrument in writing signed by both parties.
DATED this lOP-' day of April, 1997.
CITY OF YAKIMA
By:
(
R. A. ZAIS, JR., City Manager
200 South Third Street
Yakima, WA 98901
ATTEST:
/74
KELM( OLWELJL
_Address:
kit:
.11 J•k*.:.)‘..(.-
v\-ck
City Contract No. cl
(ke)agniqudge protem.jw
Page 3 of 3
APPOINTMENT AS JUDGE PROTEM
of
THE MUNICIPAL COURT OF YAKIMA
and PROFESSIONAL SERVICES AGREEMENT
WHEREAS, VITO DE LA CRUZ is a citizen of the United States of America,
licensed to practice law in the State of Washington, and a resident of Yakima County,
Washington, therefore;
Vito de la Cruz is hereby appointed Judge Protem of the Municipal Court of
Yakima and shall act in the absence, disability, or disqualification of the regular judge of
the Municipal Court. Vito de la Cruz is hereby empowered to hear and preside over all
proceeding for enforcement of the City of Yakima's criminal ordinances and traffic
infractions. He shall, in addition, have authority to hear and preside over all other
actions brought forth to enforce or recover license penalties or forfeitures declared by
City ordinance or State statute; to forfeit cash bail or bail bonds and issue execution
thereon; and in general to hear and determine all causes, civil or criminal, including
traffic, parking, and animal control infractions arising under City ordinances and to
pronounce judgments in accordance therewith; and all such other powers as generally
conferred upon a judge protem in a municipal court in this state, either by common law
or by express statute.
Before entering upon the duties of the office, Vito de la Cruz shall take and
subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the State of Washington, and that
will faithfully discharge the duties of the Judge of the Municipal Court of
the City of Yakima, according to the best of my ability."
Such oath shall be filed in the Office of the Yakima County Auditor and the City Clerk.
HENCE, IT IS HEREBY mutually agreed between the parties as follows:
1. Duties. Vito de la Cruz shall perform the duties of the Judge Protem
in the Municipal Court of Yakima.
2. Term. The term of this Agreement shall commence on April 15,
1997, and shall terminate on December 31, 1997, but in no event shall extend beyond
the current City Manager's termination of employment.
3. Compensation. In return for service as Judge Protem of the
Municipal Court of Yakima, Vito de la Cruz shall receive compensation at the rate of
Forty and no/100 Dollars ($40.00) per hour with a minimum compensation of four (4)
hours pay for each day worked. Such compensation shall be payable in monthly
installments upon proper voucher for the same, submitted by Vito de la Cruz and
received by the Municipal Judge at 200 South Third Street, Yakima, Washington.
4. Taxes and Assessments. Vito de la Cruz shall be solely
responsible for compensating his employees and for paying all related taxes,
deductions, and assessments, including but not limited to, leasehold excise taxes,
federal income tax, FICA, Social Security Tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or
assessed against other parties as a result of this Agreement. In the event the City is
assessed a tax or assessment as a result of this Agreement, Vito de la Cruz shall pay
the same before it becomes due.
5. Independent Contractor. The parties agree that Vito de la Cruz is an
independent contractor with the responsibility and authority to control and direct the
performance of the details of the work described herein, in accordance with the terms
and conditions of this Agreement. The implementation of contracted activities and the
results to be achieved are solely the responsibility of Vito de la Cruz. No agent,
employee, subcontractor, or representative of Vito de la Cruz, nor Vito de la Cruz
himself shall be deemed to be an employee, agent, servant, or representative of the City
of Yakima the City Municipal Court or District Court for any purpose, and the
employees, agents, subcontractor, or representative of Vito de la Cruz will be solely and
entirely responsible for his acts and for the acts of his agents, employees,
subcontractors, or otherwise, during the performance of this Agreement.
6. Non-discrimination. Vito de la Cruz shall not discriminate on the
basis of race, creed, color, national origin, or physical, mental, or sensory handicap in
the performance of this Agreement.
Page 2 of 3
(ke)agmt/judge protem.jw
7. Integration. It is understood and agreed that all understandings and
agreements, whether written or oral, heretofore had between the parties hereto are
merged in the Agreement, which alone fully and completely expresses their agreement
that neither party is relying upon any statement or representation not embodied in this
Agreement, made by the other, and that this Agreement may not be changed except by
an instrument in writing signed by both parties.
DATED this "-> day of April, 1997.
CITY OF YAKIMA
By:
R. A. ZAIS, JR., City Manager
200 South Third Street
Yakima, WA 98901
ATTEST:
,/ - _. tri
City Contract No. q l - 2 7
(ke)agmt/judge protemjw
t.�,=
VITO DE LA CRUZ
6 South Second Street, Suite 916
Yakima, WA 98901
Page 3 of 3
APPOINTMENT AS JUDGE PROTEM
of
THE MUNICIPAL COURT OF YAKIMA
and PROFESSIONAL SERVICES AGREEMENT
WHEREAS, Kevin Roy is a citizen of the United States of America, licensed to
practice law in the State of Washington, and a resident of Yakima County, Washington,
therefore;
KEVIN ROY is hereby appointed Judge Protem of the Municipal Court of Yakima
and shall act in the absence, disability, or disqualification of the regular judge of the
Municipal Court. Kevin Roy is hereby empowered to hear and preside over all
proceeding for enforcement of the City of Yakima's criminal ordinances and traffic
infractions. He shall, in addition, have authority to hear and preside over all other
actions brought forth to enforce or recover license penalties or forfeitures declared by
City ordinance or State statute; to forfeit cash bail or bail bonds and issue execution
thereon; and in general to hear and determine all causes, civil or criminal, including
traffic, parking, and animal control infractions arising under City ordinances and to
pronounce judgments in accordance therewith; and all such other powers as generally
conferred upon a judge protem in a municipal court in this state, either by common law
or by express statute.
Before entering upon the duties of the office, Kevin Roy shall take and subscribe
the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the State of Washington, and that I
will faithfully discharge the duties of the Judge of the Municipal Court of
the City of Yakima, according to the best of my ability."
Such oath shall be filed in the Office of the Yakima County Auditor and the City Clerk.
HENCE, IT IS HEREBY mutually agreed between the parties as follows:
1. Duties. Kevin Roy shall perform the duties of the Judge Protem in
the Municipal Court of Yakima.
2. Term. The term of this Agreement shall commence on April 15,
1997, and shall terminate on December 31, 1997, but in no event shall extend beyond
the current City Manager's termination of employment.
3. Compensation. In return for service as Judge Protem of the
Municipal Court of Yakima, Kevin Roy shall receive compensation at the rate of Forty
and no/100 Dollars ($40.00) per hour with a minimum compensation of four (4) hours
pay for each day worked. Such compensation shall be payable in monthly installments
upon proper voucher for the same, submitted by Kevin Roy and received by the
Municipal Judge at 200 South Third Street, Yakima, Washington.
4. Taxes and Assessments. Kevin Roy shall be solely responsible for
compensating his employees and for paying all related taxes, deductions, and
assessments, including but not limited to, leasehold excise taxes, federal income tax,
FICA, Social Security Tax, assessments for unemployment and industrial injury, and
other deductions from income which may be required by law or assessed against other
parties as a result of this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, Kevin Roy shall pay the same before it
becomes due.
5. Independent Contractor. The parties agree that Kevin Roy is an
independent contractor with the responsibility and authority to control and direct the
performance of the details of the work described herein, in accordance with the terms
and conditions of this Agreement. The implementation of contracted activities and the
results to be achieved are solely the responsibility of Kevin Roy. No agent, employee,
subcontractor, or representative of Kevin Roy, nor Kevin Roy himself shall be deemed
to be an employee, agent, servant, or representative of the City of Yakima the City
Municipal Court or District Court for any purpose, and the employees, agents,
subcontractor, or representative of Kevin Roy will be solely and entirely responsible for
his acts and for the acts of his agents, employees, subcontractors, or otherwise, during
the performance of this Agreement.
6. Non-discrimination. Kevin Roy shall not discriminate on the basis
of race, creed, color, national origin, or physical, mental, or sensory handicap in the
performance of this Agreement.
Page 2 of 3
(ke)agmt/judge protem.jw
7. Integration. It is understood and agreed that all understandings and
agreements, whether written or oral, heretofore had between the parties hereto are
merged in the Agreement, which alone fully and completely expresses their agreement
that neither party is relying upon any statement or representation not embodied in this
Agreement, made by the other, and that this Agreement may not be changed except by
an instrument in writing signed by both parties.
DATED this `', X. day of April, 1997.
CITY OF YAKIMA
By:
R. A. ZAIS, JR., City Manager
200 South Third Street
Yakima, WA 98901
ATTEST:
City Contract No. ct 1 —
(ke)agmt/judge protemjw
KEVIN ROY
201 East "D" Street
Yakima, WA 98901
Page 3 of 3
/G
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. � O /3
For Meeting Of 3/41/1
ITEM TITLE: An Ordinance relating to City government administration; providing
that compensation for judges pro tem shall be set by Resolution; setting civil jury
demand fees and amending Sections 1.60.040 and 1.60.070 of the City of Yakima
Municipal Code.
A Resolution authorizing execution of contracts with licensed attorneys for the
provision of judge pro tem and temporary judge pro tem services for the Municipal
Court of Yakima at the rate of Forty Dollars per hour, with a minimum of four hours.
9v
SUBMI I-i•ED BY: Jeff B. West, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575-6033
SUMMARY EXPLANATION: Section E of YMC 1.60.040 is amended to provide that
salaries for Municipal Court judges pro tem shall be set by Resolution rather than by
Ordinance. This allows the City of Yakima to quickly respond to market pressures
rather than waiting 30 days for an Ordinance to take effect. The total budget amount
allocated for these services will be set by Ordinance as required by the City Charter.
A Resolution setting the hourly rate for judges pro tem at Forty Dollars per hour with a
minimum of four hours is presented at this time for Council consideration.
The attached' Ordinance creates a civil jury demand fee of $100.00 for the Municipal
Court of Yakima. The attached Ordinance also allows the Municipal Court of Yakima to
impose such other fees as permitted by state statutes, ordinance, or court rule.
While the Municipal Court of Yakima does not anticipate having civil jury trials, the
jurisdiction of the court would allow for a civil jury trial. While it is an extremely
remote possibility that a civil jury trial would occur in the Municipal Court of Yakima,
it is believed to be best to be prepared for the eventuality.
Resolution X Ordinance X Contract Other(Specify)
Funding Source �\
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass Ordinance
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: