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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: