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Council PKT 01-29-2005 Special - Retreat I 1.. II¡ /',e CITY OF FEDERAL WAY The City Council's Strategic Planning Retreat Saturday, 29 January 2005,8:30 a.m. - 12:30 p.m. Dumas Bay Center Draft AGENDA RETREAT GOALS: 1. Review the Council's strategic direction from the 2004 retreat and the vision, mission and goals in the annual budget document to determine if they are compatible and provide appropriate direction for the future. 2. Discuss the Council's vision for downtown, including the City's role, and agree on what the City should accomplish in downtown during 2005-06. 3. Identify strategies for promoting Federal Way more effectively. PLEASE NOTE: Coffee and breakfast will be provided beginning at 8 a.m. Please come early to enjoy them and be prepared to start the meeting promptly at 8:30. Thanks! I. 8:30 Welcome, Introductions, Review Retreat's Purpose Mayor McColgan II. 8:40 Review Goals, Agenda and Ground Rules Jim Reid III. 8:45 Review 2004 Accomplishments David/Everyone 0 Since last year's retreat, what has the City accomplished that advances the Council's direction? IV. 8:55 Review and Discuss Our Vision and Goals Everyone 0 For this discussion we will refer to the summary of last year's retreat-the priority, goals and strategies we agreed on-and the budget document's future vision, mission and goals. 0 Is the direction provided by these items still valid? 0 Are the Council's goals from the 2004 retreat compatible with those in the budget? 0 Are they clear and strategic enough to enable us all to proceed in the same direction, and know when we have achieved them? 0 If not, what process should we us to revise them? 9.25 break V. 9:30 Revitalizing Downtown in 2005-06 Everyone 0 Recognizing that the consultant's report is not yet completed, what is our vision for downtown? 0 What role should the City play in achieving our vision? 0 How should the City respond now to businesses closing in and relocating from the City Center? 11:25 break VI. II :30 Choosing the Municipal Judge Everyone 0 In thinking about how the municipal judge is chosen or could be chosen, what are the City's interests? 0 Should this issue remain on the Parks Committee's agenda or be addressed differently? VII. 12:00 Promoting Federal Way Everyone 0 What more can the City do to promote the community of Federal Way? 0 What more can we do to promote the City's interests in regional discussions? VIII. 12:25 What are We Taking Away from Today's Meeting? Everyone 12:30 adjourn Session IV Review and Discuss Our Vision and Goals FROM THE JANUARY 2004 RETREAT: The Council's Vision During the next 15-20 years, expand the "economic pie" so the City can provide the services Federal Way residents expect of City government. Council Members' Mutual Interests 1. A vibrant, active and more "identifiable" downtown. 2. A mix of jobs, housing, recreational and cultural amenities within downtown, and more them than exist today. 3. City government is more open and receptive to business interests. 4. The City relies. upon a greater variety of tools and resources to strengthen the economic vitality of the community and, particularly, downtown. 5. The City plays a role in helping to retain existing businesses and recruit new ones. The Council's Priority for 2004-'06 Increase sales tax revenues to provide services that the citizens of Federal Way expect from their City government. Goalsfor 2004-'06 1. Recruit new businesses to the City. 2. Help the City's existing businesses grow and expand. 3. Attract revenue from non-residents. 4. Reduce "leakage," i.e., sales tax revenues generated by purchases of goods and services by Federal Way residents from sources outside the City. 5. Stimulate partnerships between the City, key interest groups and citizens to educate everyone that expenditures of public funds for economic development and City Center redevelopment are investments in the community's quality of life, and to achieve the Council's economic development goals. 2 CITY OF FEDERAL WA Y 2003/2004 ADOPTED BUDGET INTRODUCTORYSECnON FUTURE VISION Federal Way is great place to live, learn, work, and play because of its: Government for and by the people . Can-do attitude . Partnership with citizens often through volunteerism . Provide quality services . Value diversity, innovation, participation and unity . Sense of identity and ownership by neighborhoods . Fiscally conservative and innovative (contracting) with growth . Moderate tax rate and bonds for major projects . Maintain defined vision and continuity for staff and resources Responsible qrowth . Some growth in all segments of community inevitable . Channel growth into specific development goals . Preserve quality of life by developing infrastructure with growth . Preserve a primarily residential community and open natural areas with concentrated urban development in the City's Center . Increase corporate headquarters and some annexation . Modest population growth (build out available single family, multi-family) in City CenterlSR-99 corridor . Multi-use, pedestrian-friendly City Center with plazas and structured parking . Preserve property rights balanced by community health, safety, and welfare Economic vitality . International and regional trade and employment center . Corporate headquarters and small business support services . Redevelop retail warehouse for office, retail, and light manufacturing consistent with market trends . Quality jobs to enhance tax base and quality of life Efficient traffic system . Link neighborhoods with City Center and other communities . Mass transit to connect corporate campus and City Center with economic and leisure hubs of other communities . New infrastructure mostly in City Center by concentrating growth there . Easy and safe transportation for youth to school CarinQ for our own . Government and social service agencies work in concert to build a sense of community . Provide caring and safe environment through community-based policing . Support strong student achievement, educational institutions, and leadership . Coordinate human service systems . Require greater participation from clients in improving their individual situations Quality culture, environment and play . Parks, trails, sports, and cultural arts cater to active life styles . Partner with schools to develop facilities, parks, and services . Build performing and cultural arts center . Preserve our natural resources, scenery, vistas, lakes, streams, wetlands, and Spring Valley pastoral setting Reqional player . . Participating regional partner in Puget Sound economic, political and cultural life . Participate regionally to yield funding opportunities . Safeguard against outside impacts that reduce quality of life . Support sister cities (cultural, educational and economic benefits) This vision will not be easily achieved. It will require difficult choices. Cooperation will be required between the public sector, neighborhood groups, business, schools and citizens to maintain the high quality of life, grow gracefully, remain a healthy and desirable community and improve urban life amenities with higher density. 2 INTRODUCTORY SECT/ON CITY OF FEDERAL WA Y 200312004 ADOPTED BUDGET CITY OF FEDERAL WAY MISSION STATEMENT It is the mission of the government of the City of Federal Way to seek to achieve the purpose of the people of Federal Way, as declared at the time of the City's incorporation, February 28, 1990, affirmed and revised January 26, 1996: => To take upon ourselves the governing of our own destiny; => To create a more habitable living environment to enhance both our work and recreation; => To maintain our many local governing bodies as small, locally-based, and accessible; => To ensure that the special needs of Federal Way are addressed in a responsive and responsible manner. CITY COUNCIL GOALS III Be Responsible and Responsive to the Voters' Message: . Operate the City in a entrepreneurial and fiscally responsible manner with focus on both revenue generation as well as expenditure control; . Make responsible program choices in balancing the budget such that the City does not penalize the voters. Enhance Public Safety in the Community: . Recognize that public safety continues to be the top priority of the Council; . Look at an integrated public safety strategy that involves all facets of City operations such as licensing, code enforcement, police, prosecution, and court services; . Analyze the municipal facility options and prepare an implementation plan. Invest in our Community's Future: . Aggressively implement the City Center vision; . Identify project priorities and sustainable capital funding sources for the Capital Improvement Plan . Recognize the importance of programs for the families and youth. II IV Improve Communication and Accessibility of Government Services: . Make government service more accessible and user-friendly through the application of eCommerce and eGovernment. . Improve the Development Permit Review Process and the community's perception of the City's service level APPOINTED ADMINISTRATIVE STAFF Position City Manager Assistant City Manager Assistant City Manager City Attorney Employee David Moseley Donna Hanson Derek Matheson Patricia Richardson Community Development Services Director Management Services Director Parks, Recreation and Cultural Services Director Public Safety Director Public Works Director City Clerk Kathy McClung Iwen Wang Jennifer Schroder Anne Kirkpatrick Cary Roe Chris Green 4 CITY OF FEDERAL WAY The City Council's Strategic Planning Retreat Friday & Saturday, 16 & 17 January 2004 Federal Way Executel FINAL SUMMAR Y Of the Key Discussions, Decisions and Agreements Attendees: Mayor Dean McColgan, Council members Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, Linda Kochmar and Mike Park; City Manager David Moseley; Assistant City Managers Donna Hanson and Derek Matheson; Department Directors Anne Kirkpatrick, Kathy McClung, Mary McDougal, Cary Roe, Jennifer Schroder and Iwen Wang; City Attorney Pat Richardson; Economic Development Director Patrick Doherty; Executive Assistant to the City Manager Patrick Briggs; and Facilitator Jim Reid. The following summarizes the key discussions, decisions and agreements of the seven Federal Way City Council members at their annual strategic planning retreat, which occurred this year on Friday, 16 January and Saturday, 17 January at the Federal Way Best Western Execute!. COUNCIL'S FUTURE DIRECTION FOR CITY: "EXPAND THE ECONOMIC PIE" To set the stage for envisioning where the City Council wants Federal Way to be in the future, City Manager David Moseley first reviewed the Council's and City's accomplishments during 2003. There were many. These five accomplishments are highlighted because they were the Council's priorities for 2003, as established during the annual strategic planning retreat in January of last year: 1. Develop the Community Center; 2. Establish the new City Hall, which the City will move into in July and August; 3. Implement permit process improvements recommended by an ad hoc committee of City officials and citizens; 4. Develop the Potential Annexation Area (PAA) study, which will be completed in April 2004, and place three annexations on the Fall 2004 ballot; and 5. Oppose the sexual offender house. The Council members then described what they want Federal Way to be in 15-20 years. Their direction calls for the City to help "expand the economic pie" so that the City can provide the services Federal Way residents expect of City government. In 15-20 years, the Council members want Federal Way to be described as or contain the following: 0 0 more a "place" and destination; a vibrant downtown with higher vertical buildings; green spaces in and adjacent to downtown, similar to those of the nation's great cities; thriving, successful businesses throughout the community, particularly downtown, that support the residents, and which the residents patronize so that their money is spent in the community, not outside it; a City with a high quality of life, as defined by equitable planning and distribution of resources for economic development, parks and recreation, housing, social and health services; distinctive and unique neighborhoods; "living wage" jobs; a community that attracts money from outside sources which do not require building more infrastructure; good schools; affordable homes for the community's diverse residents; an attractive location on the light rail connection between Seattle (and SeaTac Airport) and Tacoma; creative types of shops and businesses, distinctive from downtown Seattle, Tacoma Mall, Southcenter and Bellevue Square; "upscale" restaurants; more amenities for seniors; expanded and promoted opportunities for recreation and other forms of relaxation, particularly in light of the increasingly hectic and chaotic pace of/ife; more diverse forms of housing, including townhomes and cottages, that appeal to a population with a broader range of needs; a City government that is more assertive about publicizing the community's demographics and attributes; public-private partnerships for human services; a more heavily promoted and used Dumas Bay Center; and City services will be delivered even more efficiently and effectively, perhaps through the merger of the City with other service providers. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COUNCIL AGREES ON A PRIORITY AND GOALS FOR 2004-06 The Council is united by the following five interests for economic development and, particularly, downtown: I) Federal Way has a vibrant, active and more "identifiable" downtown; 2) within downtown, there is a mix of jobs, housing, and recreational and cultural amenities, with more of each of these things than exist today; 3) City government is more open and receptive to business interests; 4) the City relies upon a greater variety of tools and resources to strengthen the economic vitality of the-community and, particularly, downtown; and 5) the City helps retain existing businesses and recruit new ones. 2 After reviewing the list of Federal Way's qualities and characteristics 15-20 years trom now, the Council members agreed on the following priority for the next three years to begin achieving their future direction: Increase tax revenues to provide services that the citizens of Federal Way expect from their City government. The Council then agreed on these goals for achieving it: 1. Recruit new businesses to the City. 2. Help the City's existing businesses grow and expand. 3. Attract revenue from people who live outside Federal Way. 4. Reduce "leakage," i.e., sales tax revenues generated by purchases of goods and services by Federal Way residents from sources outside the City. PARTNERSHIPS NEEDED TO ACHIEVE FUTURE DIRECTION After agreeing on a priority for the next few years and the goals to achieve it, the Council paused to discuss the kinds of leadership that will be needed to advance them. In short, the Council members want to stimulate partnerships between the City, key interest groups and citizens. To build and strengthen those partnerships, the Council members stated that the City needs to educate the public and nurture leadership from various sources throughout the community, inclùding from businesses and neighborhoods. The Council members recognize that they and the City's employees cannot "do it all," and to accomplish the future direction will require leadership from outside City Hall. Council members expressed interest in the City more aggressively educating the public about what it is doing and why, and about how citizens can become more involved in their community. Key partnerships that the Council wants to strengthen include those between the City and Chamber of Commerce, between the City and neighborhood groups, and between the City and businesses that do not belong to the Chamber or any other organization. The Council also expressed interest in reaching out more to the "great silent majority" of citizens who may not know about and who do not comment on City programs, services and activities. GOAL #1: RECRUIT NEW BUSINESSES TO THE CITY After a lengthy discussion, the Council reached consensus on three strategies for achieving Goal #1. The first and second strategies: Redevelop the City Center through a "responsive" approach or redevelop the City Center through a more active approach (using an RFP to attract private entities to join the City in a redevelopment partnership), or a combination of both approaches. (These strategies and the various approaches are described on pages 3 and 4 of Patrick Doherty's memorandum to the Council dated 9 January 2004). To determine whether or not to embark on these strategies, the Council directed that these four steps be taken: 3 1. By the end of February 2004, the City will prepare vital information and key messages that will enable it to effectively communicate the Council's future direction on economic development to key stakeholders and the public. One message the Council agreed should be repeatedly communicated: The City's actions to expand sales tax revenues are an investment in the community's future, not just an expenditure of public funds. 2. The Council will review the information and key messages, and begin to test these messages by presenting them at public forums such as the future Developers' Forum. 3. As the City is developing its information and key messages, the Office of Economic Development, working in concert with the Community Development Services Department, the City Manager's Office and other departments, will further define and refine its approaches to achieving the Council's future direction for increasing sales tax revenues by recruiting new businesses to the community. Additional details will be developed on the "responsive" approach and the criteria that were outlined in the economic development memorandum that was presented to the Council at the retreat. Furthermore, a draft RFP for City partnerships with the private sector will be written. As these approaches are being further defined and refined, the City will determine what forums are most appropriate for capturing citizen and special interest reactions and responses to them. Other ideas that were mentioned included: FEDRAC's strategy to hold a second meeting each month that focuses on economic development, and to hold them out in the neighborhoods; devote an entire page. in the City newsletter to economic development; televise the FEDRAC meetings on economic development; produce a video, in question-and- answer format, that explains the Council's future directions, priorities, goals and strategies on economic development; City Council members make presentations to business organizations about their vision and goals and what the City is doing; send out capital project fliers with a detachable piece that allows citizens to send their opinions, perspectives and ideas about economic development issues and actions to City Hall; investigate and assess what other cities are doing to encourage economic expansion and downtown development; and, using volunteers, leaflet neighborhoods before meetings to encourage citizen attendance and comments. 4. After the potential approaches have been further developed, and after they have been reviewed, the Council will decide which of them to pursue to achieve its goal of recruiting new businesses to Federal Way. The third strategy: Use the existing City Hall as a business incubator after City departltll!nts have ftWved into the new City Hall this coming sut1l11rer. Steps that will be taken to assess the viability of this strategy before the Council agrees to it include: I. Identify and review existing models. 2. Determine the need for this service, conduct research and a survey of businesses. 3. Develop and propose options for how it could be structured and what services would be provided. 4 4. Determine if any City resources or subsidies would be needed, and where the funds would come from. 5. Identify the City's returns on its investments. The above information will be accumulated, analyzed and presented to the Council for a final decision before the existing City Hall is vacated in late July and August. GOAL #2: HELP THE CITY'S EXISTING BUSINESSES GROW AND EXPAND After agreeing on two strategies and a number of actions to help recruit new businesses to Federal Way, the Council members discussed the City's role in helping existing businesses grow and expand. During the discussion, the staff recognized the need for keeping Council members abreast of what the City is doing to assist existing businesses and committed to do a better job. The Council then agreed on five strategies by wlùch the City may help existing businesses grow and expand. They are: 1. Through the use of e-mail, the City will communicate with existing businesses about the City's economic development direction, priorities, goals and actions, and how they can be involved. 2. The City will develop a job description for a new position of Ombudsman, a liaison between the City and business community. The job description will be prèsented to the Council so that it can decide whether or not to establish and fund the position. 3. When a business renews it City business license, the City will send a letter of thanks. 4. The City will review the missions, roles, responsibilities and work programs of three existing committees--the EDC, EVC and FEDRAC--to determine if there are areas of overlap and redundancy. The goal is to sharpen the focus of each committee, reduce redundancy, and ensure that they are working in concert with each other but achieving different key pieces of the Council's vision. . 5. The City will gather information about the need for a City government role in helping retain and expand existing businesses. The intent of this strategy is to determine if this goal should get as much attention and as many resources as the goal of helping recruit new businesses. Among information that is sought: How many businesses are there in Federal Way? How many new business licenses are issued by the City each year? How many businesses go out of business annually? Why? Are City actions at all responsible for the closure of businesses? GOAL #3: ATTRACT REVENUE FROM NON-REsIDENTS At this point in the discussion of economic development, the Council turned its attention to Goal #3: Attract revenue from people living outside Federal Way. A strategy the Council identified and discussed was this: Make Federal Way a principal destination for amateur sports events. 5 To achieve that goal, the number of soccer and ball fields will need to be increased, and it is possible that new facilities, such as a field house and/or gymnasiums, will need to be built. Other actions could include making the amateur sports industry more aware of the facilities and amenities that Federal Way offers. Council members agreed that if this strategy were to be implemented, a balance would need to be attained between the needs of Federal Way residents for recreational opportunities and facilities, and the needs of non-residents for fields and facilities for their amateur sports events. The Council agreed that this strategy should be further explored by FEDRAC before being brought back to the full Council for further consideration and possible approval. As part of the committee's analysis, the Council asked that the City's potential investments, and the rate of return that it could expect, be identified and highlighted. The Council also briefly discussed a longer-term strategy for attracting more non-resident dollars into the City, and thus increasing sales tax revenues: make the City a regional center for arts and culture, and attract non-resident arts patrons to events held within the City, where they will spend their money on the events themselves, and on related items such as hotels, restaurants and shopping. . GOAL #4: REDUCE "LEAKAGE;" I.E., SALES TAX REVENUES GENERATED BY PURCHASES OF GOODS AND SERVICES BY FEDERAL WAY RESIDENTS FROM SOURCES OUTSIDE THE CITY. The Council briefly discussed this goal and concluded that Goals 1-3 and strategies to achieve them will help reach this goal. COUNCIL SEEKS ASSESSMENT OF RESOURCES NEEDED TO EXPLORE A POTENTIAL ANNEXATION The City's annexation policy was the second major issue of the retreat. The mutual interests of the Council are: I. Take an orderly approach to annexation to ensure that the full ramifications of growth are understood by the Council and the public. 2. Annexations make "business" sense, i.e., they do not reduce the City's ability to provide services, nor do they diminish the quality of those services. 3. Annexation policy enhances key relationships with the public, interest groups and other jurisdictions. 4. Be aware of what is occurring at the City's borders. While recognizing that the Potential Annexation Area (P AA) study will be completed in Spring 2004, the Council members agreed that any annexation of land and people into the City must make business sense. "Business sense" means that the annexation would not reduce the City's ability to provide services, nor would it reduce their quality. It also means that the cost of annexation would not outweigh the benefits to the City. The Council also appeared to endorse the existing unofficial policy: Let the citizens who want to be annexed propose it to the City 6 rather than vice versa. But carefully and continually watch what is happening on the City's borders. During its discussion about annexations, the Council agreed to ask staff to provide it with an assessment of what actions and resources, including staff time, would be needed if the City were to approach Pierce County about amending its Comprehensive Plan to place Brown's Point and Dash Point in Federal Way's P AA, and, if Pierce County did amend its Comp Plan, if the City was then to work with the residents of those two communities on annexation. COUNCIL ACTS TO CHANGE OR ASSESS THREE RULES Three changes to Council rules were discussed, resulting in agreements to repeal one, to add a new one, and to develop a matrix to inform a future discussion about possibly changing one. The Council's decisions were: 1. Reached consensus on repealing Rule 14.3. City Attorney Pat Richardson will prepare the official paperwork; the Council will need to formally vote to repeal this rule during a future meeting. In repealing this rule, the Council members reiterated their commitment to improve communication between them, and to continue to provide their colleagues a "heads up" about their public statements, either verbal or written, so that no Council member is surprised by positions or statements of herlhis colleagues. Mayor McColgan urged the Council members to increase the informal communications between them, and they stated their intent to do so. 2. Agreed to add a new rule pertaining to their annual strategic planning retreats. The rule will set the time for future Council retreats-the last week of January-and their duration-{me- and-a-half to two-day sessions. City Attorney Pat Richardson will draft the language for the Council members to review. The intent of the new rule is reduce confusion and surprises, and to guarantee full attendance at the retreats by Council members and the City Manager's senior leadership team. The Council also expressed interest in conducting a mid-year meeting to assess progress in achieving its direction, priorities and goals. 3. Directed the City Manager's office to produce a matrix illustrating how other cities in the region handle the issue of succession to the positions of Mayor and Vice Mayor. Which cities currently select their Mayor as Federal Way does now, with a vote of the Council electing one of its members to each of these two positions? And which cities use seniority to automatically fill the two positions? What are the reasons for each of these methods of selection? And which cities allow the Mayor to be elected for two or more consecutive two- year terms? And what are the reasons for this practice? Once the City Manager's office has produced the matrix, it will be provided to the Council for further discussion of the City Council rule governing election of the Mayor and Vice Mayor. COUNCIL DIRECTS ASSESSMENT OF RESOURCES REQUIRED TO CONDUCT COMPREHENSIVE SALARY STUDY At its first session on Saturday, the Council members received a summary from Mary McDougal on the City's current salary structure, and the policy goals it is intended to achieve. As a result of 7 the discussion, the Council members appeared to share these interests: I) recruit the most talented people to work for the City of Federal Way; 2) pay employees salaries that are competitive with comparable cities in the region; 3) ensure employees are accountable for their performance; 4) use incentives to motivate and acknowledge exceptional performance; and 5) ensure consistency and objectivity in the application of the compensation system. The members directed the City Manager and Human Resources to assess what it would take to conduct a comprehensive salary study, which has not been done since 1991. The assessment should highlight what resources would be needed to conduct such a study, the expected length of time it would take, and how it might be conducted. This assessment will be provided to the Council before it determines whether or not to proceed, and before any alternatives to the current system are evaluated. Finally, the Council reiterated its commitment to working with the City Manager to establish annual goals by which to objectively evaluate his performance. A 1999 model is available for Council members to review. The Council agreed that a future study session will be held to identify and agree on specific goals and objectives. COUNCIL SUPPORTS Two CHANGES TO BUDGET DEVELOPMENT PROCESS After a comprehensive presentation by lwen Wang of the City's budget outlook for 2005-06, the Council agreed on two new approaches to developing the budget for that biennium. First, the members supported the City Manager's proposal to develop two alternative budgets if Initiative 860, which would roll back property taxes by 25%, qualifies for the Fall 2004 ballot. That will be known by late July. In the event it qualifies, one proposed budget would assume its passage, while the other proposed budget would assume that it fails at the polls. Second, members agreed that they would like to provide the City Manager's office with "early" input on policies, services and programs before the 2005-06 budget is developed. Council members will receive the 2003-04 budget, including line items, so that they can become even more familiar with the City's expenditures on programs and services. Each Council member, if they choose, can then offer ideas about expenditures that the staff will take into consideration as the budget is being developed. NEXT YEAR'S RETREAT The Council members anticipate that their next annual retreat will be on Friday and Saturday, January 28th and 29th, 2005. 8 CITY OF FEDERAL WAY THE MANAGEMENT PLAN FOR IMPLEMENTING DECISIONS AND AGREEMENTS OF THE CITY COUNCIL AT ITS JANUARY 2004 STRATEGIC PLANNING RETREAT FACILITATOR'S NOTE: This document summarizes in outline form the decisions and agreements that the Federal City Council members made at their annual strategic planning retreat on 16-17 January 2004. It also summarizes the decisions and agreements of the City's Senior Leadership Team at their retreat on 5 February 2004, which was held to determine how and when to implement the Council's direction. ******************* THE COUNCIL'S VISION During the next 15-20 years, "expand the econornic pie" so that the City can provide the services Federal Way residents expect of City government. ECONOMIC DEVELOPMENT INTERESTS, PRIORITIES AND GOALS The Council's Mutual Interests: 1. Federal Way has a vibrant, active and more "identifiable" downtown. 2. Within downtown, there is a mix of jobs, housing, and recreational and cultural amenities, with more of each of them than exist today. 3. City government is more open and receptive to business interests. 4. The City relies upon a greater variety of tools and resources to strengthen the economic vitality of the community and, particularly, downtown. 5. The City plays a role in helping to retain existing businesses and recruit new ones. The Council's Priority: Increase tax revenues to provide services that the citizens of Federal Way expect from their City government. Four Goals for Achieving the Council's Vision, Interests and Priority: 1. Recruit new businesses to the City. 2. Help the City's existing businesses grow and expand. 3. Attract revenue from non-residents. 4. Reduce "leakage," i.e., sales tax revenues generated by purchases of goods and services by Federal Way residents from sources outside the City. ECONOMIC DEVELOPMENT STRATEGIES AND ACTIONS The Council members identified and discussed the strategies listed below. In some cases they reached agreement on a strategy, in others they agreed to take additional steps to determine if the strategies are viable and should be adopted by them and implemented by the City. At its retreat, the Senior Leadership Team further discussed the strategies and steps, and identified action plans for implementing them. GOAL #1: RECRUIT NEW BUSINESSES TO THE CITY. Strategies to Achieve This Goal: A. Develop criteria that define "desirable" City Center redevelopment projects and potential funding sources, and establish policies and procedures to allow the City to respond quickly and strategically to opportunities for public-private partnerships. ("Responsive Approach") B. Develop an RFP that indicates the City's willingness and ability to partner with private sector developers for desired City Center redevelopment schemes. ("Proactive {RFP} Approach") C. Use the existing City Hall as a business incubator after City departments have moved into the new City Hall in mid-2004. Potential outcomes of these strategies: 0 City participation in project-related Right-Of-Way (ROW) improvements; and or 0 City participation in parking facilities; and or 0 City purchase of City Center land. Next Steps to Determine Whether or Not to Implement Strategies A and B: I. By the end of February 2004, prepare vital information and key messages that will enable the City to effectively communicate the Council's future direction on economic development to key stakeholders and the public. 2 0 Kathy, Iwen, Donna and Patrick Dougherty will draft the messages and facilitate a two- hour discussion of the management team on 1 March 2004 at which the team will discuss and reach agreement on the messages. They will also identify: 1) examples from other communities that have implemented similar goals and strategies, and used similar messages, to demonstrate that the strategies and messages are credible; and 2) some potential steps that would be needed to market the messages in the community. 2. The Council will review the information and key messages, and begin to test these messages by presenting them at public forums such as the Developers' Forum that is scheduled for May. 0 The management team will present its findings and the messages to the FEDRAC at its first meeting of March. The entire Council will be invited since this is a high priority of the Council's in 2004. Those members who are not able to attend will be briefed, or the messages will then be presented to a meeting of the full Council. This will be determined in consultation with the FEDRAC Chairman. 0 By the time of the Developers' Forum in May, the management team will have developed a more detailed plan for presenting the Council's vision, priority, goals and strategies to the public, and the Council will have approved the plan. As part of the plan, the role of Council members in marketing their vision of economic development will be identified, as will the key groups whose input and advice will be sought. 3. Further define and refine Strategies A and B, and based on the results, determine the most appropriate structure for achieving public reaction to and ownership of them. 0 This strategy will be placed on the economic development work plan, and the staff will ask the FEDRAC to determine where it ranks on the list of potential activities, and the timing for undertaking it. 0 Once the criteria are developed and the RFP written, and public comment has been received, the FERAC will reyiew and discuss them, and make a recommendation to the full Council about whether or not to implement the strategies. 4. The Council reviews the strategies and public comments on them, and determines whether or not to pursue either or both of them. Next Steps to Determine Whether or Not to Implement Strategy Co' 1. Identify and review existing models. 2. To determine the need for this service, conduct research and a survey of businesses. 3. Develop and propose options for how it could be structured and what services would be provided. 4. Determine if any City resources or subsidies would be needed, and where the funds would come from. 5. Identify the City's returns on its investments. 3 6. Before the current City Hall is vacated in late July or early August, present to the City Council the analysis embodied in the five steps above. 0 Iwen and Patrick Dougherty will speak with Councilman Dovey about his vision for the business incubator and any examples he may have of such enterprises. 0 Based on their conversation with him and additional research, they will draft a "threshold" piece, or conceptual paper, that defines the concept, provides models (examples), estimates staff resources needed to manage it, and estimates the City's likely return on its investment. They will present this work to the Senior Leadership Team at one of its weekly meetings in ApriL 0 This summer recommendations will be made to the Council. 7. The City Council determines whether or not to implement this strategy. GOAL #2: HELP THE CITY'S EXISTING BUSINESSES GROW AND EXPAND. Strategies to Achieve This Goal: A Through the use of email, communicate with existing businesses about the City's economic development direction, priorities, goals and actions, and how they can be involved. 0 By the end of the First Quarter 2004 the computerized system will be in place. Iwen's staff will input the email addresses of businesses based in Federal Way and maintain the email address book so that this strategy can be implemented. The email address book will combine the lists of businesses of Public Works, Economic Development, Community Development and Management Services to create one comprehensive list. B. Develop a job description for a new position of Ombudsman, a liaison between the City and business community. The job description will be presented to the Council so that it can decide whether or not to establish and fund the position. 0 By the end of February Mary will have developed a survey to give to Council members in which they are asked to provide more detailed direction on this position and its roles and responsibilities. 0 The possible establishment of this position will be discussed in the process of the Council's review and approval of the 2005-06 budget. C. When businesses renew their City business license, send them a letter of thanks. This strategy has already been implemented! 0 4 D. Review the missions, roles, responsibilities and work programs of three existing committees-the EDC, EVC and FEDRAC-to determine if there are areas of overlap and redundancy. Sharpen the focus of each committee, reduce redundancy, and ensure that they are working in concert with each other but achieving different key pieces of the Council's vision. 0 I David will speak to Mayor McColgan about the future roles and responsibilities of these committees, and the functions they perform in light of the Council's decision to hold FEDRAC meetings twice each month. He will report back to the Senior Leadership about the Mayor's thoughts, and the team and Council may then decide how to proceed to achieve this strategy. E. Gather information about the need for a City government role in helping retain and expand existing businesses. Determine if this goal should get as much attention and as many resources as the goal of helping recruit new businesses. 0 By the end of April the management team will give to the Council statistical data showing trends in Federal Way over the past few years in terms of the annual numbers of businesses that start up and that cease to operate. GOAL #3: ATTRACT REVENUE FROM NON-REsIDENTS. A Strategy to Achieve This Goal: A. Make Federal Way a principal destination for amateur sports events. Next Steps to Determine Whether or Not to Implement This Strategy: 1. FEDRAC should analyze the potential benefits of the strategy, as well as potential City inyestrnents, to determine if the benefits are greater than the costs. 0 To assist the committee and the Council, the management team will first identify the need for such events in the City, and whether or not existing facilities, including the Community Center, which opens in 2006, can meet that need. If not, can their use be maximized to meet the need? (Shift the paradigm from the facilities to the events.) 0 The team is making-and will verify-the assumption that the need for spring, summer and autumn events is met through outdoor ball fields and the Aquatics Center, and that the unmet need is for gymnasiums to accommodate winter events. Jennie and the Parks Department will: 1) contact events sponsors to discuss their needs and the timing of those needs; 2) what events currently are scheduled during those times, if any; 3) what other types of events might be attracted to Federal Way. Based on this information, the Parks Department and Senior Leadership Team will determine if anything needs to be done to maximize the use of existing facilities to accommodate the needs. 5 0 This concept-maximizing the use of existing facilities to meet the needs-will be brought to FEDRAC sometime in ApriL 2. Present this analysis to the City Council for a decision. GOAL # 4: REDUCE "LEAKAGE;" I.E., SALES TAX REVENUES GENERATED BY PURCHASES OF GOODS AND SERVICES BY FEDERAL WAY RESIDENTS FROM SOURCES OUTSIDE THE CITY. Strategies to Achieve This Goal: 0 Two strategies are already being implemented, according to the discussion of the Senior Leadership Team: 1) creation of a new zone to allow businesses not already in the City, such as car dealerships; 2) sales tax streamlining. 0 A study due in April will also inform the City about what else is being done that addresses this issue. 0 Patrick Doherty can also work with business leaders to examine the types of businesses that should be lobbied to locate in Federal Way. 0 The team also agreed that the strategies of Goals 1 and 2 are likely to help achieve this strategy. 6 ANNEXATION POLICY INTERESTS, STRATEGIES AND ACTIONS The Council's Mutual Interests: I. Take an orderly approach to annexations to ensure that the full ramifications of growth are understood by the Council and the public. 2. Annexations make "business" sense, i.e., they do not reduce the City's ability to provide services, nor do they diminish the quality of those services. 3. Annexation policy enhances key relationships with the public, interest groups and other jurisdictions. 4. Be aware of what is occurring on the City's borders. Strategies to Achieve These Interests: A. Review and discuss the PAA Study when it is completed, which is expected to be in April. B. Assess what actions and resources, including staff time, would be needed if the City were to approach Pierce County about amending its Comprehensive Plan to place Brown's Point and Dash Point in Federal Way's Potential Annexation Area (PAA), and, if Pierce County did amend its Comp Plan in this manner, if the City were then to work with residents of those two communities on annexation. Next Step to Determine Whether or Not to Implement Strategy B: 0 By the end of March Kathy will prepare a memo to the LUTC outline the resources that would be necessary to negotiate with Pierce County this change to its Comprehensive Plan, and the resources that would be needed to work with residents on the annexation of these two areas into Federal Way. 7 COUNCIL RULE CHANGES Council Rule Changes Agreed to by the Council: 1. Repeal 14.3 0 By the end of March Pat will prepare the official paperwork and submit it to the Council for its formal approval to repeal this rule. 2. Add a rule setting the timing of the Council's annual retreats as the last week/weekend of January, and specifying their duration--one-and-half or two days. 0 By the end of March Pat will draft the language and submit it to the Council for its formal approval of this rule. Rule Changes Being Investigated by the Council: 1. Election of the Mayor and Vice Mayor. 0 By the end of March the City Manager's office will prepare and submit to Council a matrix illustrating how other cities in the region handle the issue. Which cities currently select their Mayor and Vice Mayor as Federal Way does now? Which use seniority to automatically fill the two positions? What are the reasons for each of these methods of selection? And which cities allow the Mayor to be elected for two or more consecutive two-year terms? What are the reasons for this practice? EMPLOYEE SALARIES AND THE P3 SYSTEM The Council's Mutual Interests: 1. Recruit the most talented people to work for the City. 2. Pay employees salaries that are competitive with comparable cities in the region. 3. Ensure employees are accountable for their performance. 4. Use incentives to motivate and acknowledge exceptional performance. 5. Ensure consistency and objectivity in the application of the compensation system. Next Steps to Achieve These Interests: 1. The Council directed the City Manager's Office and Human Resources to assess what it would take to conduct a comprehensive salary study. The assessment would highlight what resources would be needed to conduct such a study, the expected length of time it would take, and how it be conducted. 8 0 Mary will draft a memo that: 1) scopes the study; 2) estimates its length of time and costs; 3) identifies any experiences and recent actions of other jurisdictions in the area; 4) identifies and analyzes the pros and cons of proceeding with the study; and 5) lists some options for refining or abolishing the P3 system. 0 The management team will review and discuss Mary's memo and confirm the tentative consensus reached at the retreat that the P3 system should be abolished. 0 The team will also determine whether or not to combine discussion of this issue into the budget development and adoption discussions about employee compensation, including benefits. THE 2005-06 BUDGET DEVELOPMENT PROCESS The Council's Strategies for Developing the Budget: A. If Initiative 860 is placed on the Fall 2004 ballot, which will be known by the end of the last week of July, develop two budget alternatives, one which will assume passage of the initiative, the other assuming it fails. B. Provide the Council members with "early input" into the budget development process by obtaining some preliminary thoughts from them about policies, services and programs. To enable them to offer "early input," provide them with the 200304 budget, including line item revenues and expenditures. The Management Team's Interests in the Budget Development Process: 1. Provide the highest quality service to the citizens of Federal Way, City Council members, and the City Manager's office. 2. Be recognized for our expertise, creativity, dedication and the resources we offer to the betterment of the community and City government. 3. Provide high caliber leadership to the City's employees. 4. Use the budget development process to protect and strengthen relationships among members of the team, and to serve as a role model for how the team can jointly address issues, solve problems and support each other. 9 The Management Team's Consensus Processfor Developing the Budget: 0 In the near future David will ask Mayor McColgan whether he would prefer that the team meet with the full Council in a study session or with each Council member individually to obtain their" early input." 0 Department directors will identify three categories of services that their departments provide: 1) "core;" 2) "important;" and 3) discretionary (optional). Within each category the directors will identify current levels of service and whether those levels need to be increased or could be reduced to provide the same quality of service. 0 At a series of management team meetings, the team will present and discuss this information. They will also examine and discuss options for reducing expenditures and for raising revenues. Using criteria that need to be developed and agreed upon by the team, the members will work to reach agreement on a Proposed 2005-06 Budget to present to the Councìl. (These meetings are likely to extend from Spring until the day the budget is presented to the Council, which will be in November.) 0 At a study session likely to be held in May, the management team will present to the Council "the road show" (power point presentation) that explains the current budget situation and that which will face the City in the next couple years. 0 In May and June the Council and management team presents this same information at a series of public forums and at meetings of various civic organizations. 0 As the management team is developing the budget, another series of public meetings is held to solicit input on the tentative recommendations. 0 As the Council deliberates over the budget, another series of public meetings is conducted to solicit input on the Council's tentative decisions and, potentially, to obtain community reaction to potential revenue enhancements. 0 The Council deliberates over the budget. 0 The Council adopts the budget. 10 Session V Revitalizing Downtown in 2005-06 DATE: TO: VIA: FROM: SUBJECT: CITY OF FEDERAL WAY MEMORANDUM FOR CITY COUNCIL RETREAT January 29,2005 City Councilmernbers David Mosel~Manager Patrick DoheW~ornic Developrnent Director City Center Retail Changes Recently there have been a few notable retail store closures or irnpending closures/changes in the City Center that have raised questions about its overall health or state. A surnrnary of sorne ofthe closures/changes, including notes/observations follows: . Closure of the REI store. REI has rnoved from its previous format of unobtrusive stores in second-tier shopping centers with low visibility to high- profile, highly visible stores in prominent locations. The new Tacorna store was a rnove in this direction. The Federal Wày store was therefore both a vestige of the "old format," as well as falling within the trade area of the new Tacorna store. Closure of The Gap. The Gap has not been performing well at a corporate level since the rise and dorninance of its sister stores Old Navy and Banana Republic. As a result, San Francisco headquarters execs looked at the last couple years' performance of stores around the nation and closed under-performing stores. With the rnall's low sales over that period, that Gap store was an inevitable rnember ofthat list. Unfortunately, the Commons representatives were not able to change The Gap execs' minds with evidence of all the recent and upcoming positive changes at the rnall. Once the redeveloprnent/repositioning is complete and a more solid track-record is evident, the Commons will reapproach The Gap, who would be rnore likely to return, assurning corporate strength also returns. Closure of Ben Bridge Jewelers. Evidently the recession, cornbined with constructionlredeveloprnent at the Commons led to Ben Bridge's decision to pull out what was an under-performing store. Impending closure of West fair. This closure is a combination of personal factors of the owner, the difficulties associated with weathering the 2+ year recession, and the slow-downs at Gateway Center. Galaxy Cinemas changes. Galaxy Cinemas at Gateway Center had indicated to the City over a year ago that they were interested in rernodeling the cinerna, adding screens and adding more state-of-the-art technology. The bankruptcy . . . . Merno for Council Retreat 1/29/05 City Center Retail Page 2 of 3 . proceedings related to Gateway Center have stalled Galaxy's ability to rnove forward with their plans, while at the same time the Commons has moved forward with Century Cinemas on a new 16-screen theater complex to be brought on line this year. Galaxy has decided to pull out of this property, and it is up for sale/lease, with news to be shared with the City within approximately 30 days. Perhaps a new operator will be in a better position to rnake the cinerna work for thern. Closure of Coco's. Coco's restaurants have had problerns at the corporate level, which is evidenced by a sirnultaneous closure of a Coco's restaurant in the Kirkland area. Harsch Properties indicated that they see the closure as a good thing, freeing up an important site for new development opportunities. In summary, these and other retail closures have raised questions about the economic health of Federal Way's City Center, but, as you can see, in rnost cases the closures were not directly related to real or perceived weakness in the Federal Way economy. In sorne cases, the decisions were more driven by corporate-level weakness. In sorne cases, problems or challenges with specific properties (The Cornmons' redeveloprnent, Gateway Center's bankruptcy) handicapped their ability to retain retailers. And in other cases, new retail formats and/or recent developrnents elsewhere within the trade area led to redundancy here. The upshot of these findings is that these retail closures are not a bellwether of the City Center econorny in general. In fact, the following list of new retail developrnents should serve to indicate that the Federal Way economy is strong, has begun to pull out of the recession, and is attracting substantial new investment: . The Commons. While sorne pre-existing retailers were not able to weather the recession and the construction/redevelopment period, others have corne on board to be a part of the new, redeveloped property, including: Target, Borders Books, Century Cinemas, Famous Footwear, Kitsap Bank and others not yet able to be disclosed. Harsch Properties. Harsch is a strong player in our City Center now, with a presence at three of the four quadrants ofthe 320thIHighway 99 intersection (SeaTac Village, Celebration (formerly Ross) Plaza, and Pavilions Centre. In addition to all the changes we've seen so far at Pavilions Centre, the following upcoming changes can be expected among these properties: 0 Home Goods is expected to open one of its furniture/accessories stores. 0 Chipotle is expected to open one of its Mexican restaurants. 0 Michael's will be moving to the soon-to-be-former Border's Books space . (a larger space for them). 0 Trader Joe's will be expanding. 0 Ross will be expanding. . Memo for Council Retreat 1/29/05 City Center Retail Page 30f3 . 0 Harsch has indicated discussions with new finger-dining establishments and other tenants that is not currently able to disclose at Celebration Plaza, as well as at Pavilions Centre. Hilton Hotels. The Hilton Hotels farnily of lodging establishments (including Hilton, Doubletree, Ernbassy Suites, Hampton Inn, Hilton Garden Inns, and Homewood Suites) is interested in Federal Way and will be visiting the City in early February to investigate the rnarket and developrnent opportunities. Major Real Estate Developer. A major real estate developer, who chooses to rernain unidentified at this time, has been very interested in the Federal Way City Center as the location of a new major retail/mixed-use development opportunity. City officials have held several rneetings/phone calls with the developer and local broker, and the development cornpany has been working with local property owners on potential site acquisitions. . Outside of the City Center, substantial additions to the City's retail/service sector are on the horizon: . Asiana Plaza. Just south of the City Center, on the old Dunn Lurnber site, is a proposed rnixed-use project slated to contain 40+ residential units, restaurants, retail stores, offices and other services, proposed to cater to the Korean-American market. Federal Way Crossing. Opus Northwest is moving ahead with this large retail project on the site ofthe existing truck stop in the southwest corner of 34Sth and Enchanted Parkway. This project is slated to contain 14 buildings housing over 225,000 sq ft of new retail. Federal Way Marketplace. Adjacent to 1-5 at the northwest quadrant of its interchange with Highway 18 is a large retail project, slated to contain approximately 238,000 sq ft of new retail, featuring a single 214,000-sq ft store. Loews. Loews has indicated its plans to relocate/expand its store to a property immediately to the south of the existing store and allowing for backfill of the existing building with new retail. Kitts Corner. While not active at this time, this site is still planned as a mixed- use development, containing lS0,000 sq ft of cornmercial and up to 160 townhornes. . . . . Session VI Choosing the Municipal Judge CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: May 7, 2004 TO: David H. Moseley, City Manager FROM: Patricia A. Richardson, City Attorney SUBJECT: Election of Municipal Court Judge At the last Parks Recreation, Human Services and Public Safety Council Committee rneeting you requested an analysis of converting the existing Municipal Court Judge position from an appointed to an elected position. The following analysis provides an overview of judicial authority, the statutory scheme under RCW 3.50 et seq. and Federal Way City Code ("FWCC") concerning the Municipal Court Judge position, and a comparison 0 f the effect 0 f appointment versus election. This mernorandum does not address the financial impacts of converting the existing appointed position to an elected position. OVERVŒW Under the State Constitution the governmental authority is established in three separate branches: legislative, executive, and judicial. State v. Bramme, 115 Wn. App. 844,850,64 P.3d 60 (2003). The three branches provide a checks and balance system, as each core function is independent of the other branches. At the same time, however, "harmonious cooperation" and some of the operations must overlap among the branches in order for government to function. Zylstra v. Piva, 85 Wn. 2d 743, 750, 539 P/2d 823 (1975). All courts act under Article IV of the State Constitution and have the power to rnaintain control over the inherent functions of its operations. Washington State Council of County and City Employees v. Hahn, 2004 WL 524930 (Wash. March 18, 2004). Yet the Court cannot function in a vacuum. Consequently, at the same time, "the responsibility over the administrative aspects of còurt-related functions is shared between the legislative and judicial branches." Id. ill Hahn the Yakima County Superior and District Court judges refused to negotiate collective bargaining agreements asserting that the working conditions in the court was exclusively under the purview of the presiding judge pursuant to GR 29(t).1 The Hahn Court noted that the Court already determined that "the responsibility over the administrative aspects of court-related functions is shared between the legislative and judicial branches. ld (citing Wash. State Bar v. State, 125 1 The Supreme Court of Washington adopted General Rules. General Rule 29(t) begins as follows: "The judicial and administrative duties set forth in this rule cannot be delegated to persons in either the legislative or executive branches ofgovenunent." GR 29(t)(5) specifically addressed the daily operations of the Court, i.e. the working conditions, hiring, discipline, and teITIÙnation decisions except wages and benefits. David Moseley Election of MuniCIpal Court Judge May 7, 2004 Page 2 of 3 Wn.2d 90l, 908, 890 P.2d LO47 (l995». The Hahn Court further noted the statutory obligation to bargain working conditions did not usurp the independence of the judiciary and did not conflict with GR 29(f)(5)(b), which requires the judge to supervise all court personnel. Hahn, at 3. Accordingly, the Court detennined that negotiations for the court personnel could continue as before: the county commissioners would negotiate the wages and benefits, and the judges would negotiate the hours and working conditions. Id MUNICrP AL COURT JUDGE In 1999, the City created a Municipal Court pursuant to RCW 3.50 et seq. Federal Way City Code (FWCC) Chapter 2, Article X. The Municipal Court Judge is appointed because there is only one judicial position and because the hours worked are less than full-time, i.e. less than thirty-five hours per week as defined in RCW 3.50.055. FWCC 2-311(d) and (a) respectively. Because of the appointment, the Municipal Court Judge has an employment contract. (A copy is attached for your convenience). RCW 3.50.055(1) and FWCC 2-3ll(b) require an election at the next judicial election cycle when the judicial position, or any combination of judicial positions, work more than thirty-five hours per week. (Commissioners are not considered a judicial position, because the judge appoints the commissioner and may limit the authority.) At the same time, a part-time elected Municipal Court Judge position may also be created. (The City of Auburn's Municipal Court Judge is elected and works less than thirty-five hours per week). COMPARISON Similarities The independence of the inherent powers of the Municipal Court are not different whether the judge is appointed or elected; the judge's duty to follow the Judicial Cannons is not different; the Commission on Judicial Conduct's jurisdiction over the judge is not different; the criteria for removing the judge frorn office is set forth in RCW 3.50.095 and is not different; and the Council's responsibility for the wages and benefits of court personnel, including the judge, is not different. Differences The differences between the appointed position and the elected position are in two areas: accountability and wages. The appointed position could be held accountable under the contract. In other words, a breach of contract theory could be applicable in certain circumstances. The elected position, however, is accountable to the electorate at the time of the election, but unlike other elected officials is not subject to a recall petition. RCW Const. Art. l, §33. Instead, after David Moseley Election of Municipal Court Judge May 7,2004 Page 3 of 3 the election the judge is accountable only to the Commission on Judicial Conduct. RCW Const. Art. IV, § 31. Additionally, the issue of accountability of an elected judge is rnore problematic in regards to the administrative functions such as supervision of employees because State law and Court Rules conflict. Under State law "[ a]ll employees of the municipal court shall, for all purposes, be deemed employees of the city or town. They shall be appointed and serve at the pleasure of the court." RCW 3.50.080. On the other hand, under the recently adopted General Rule (GR) 29(t)(5), the judge supervises the daily operations of the court including all aspects concerning the employees except for wages or benefits. A situation could occur whereby the judge's actions in employment related issues including but not limited to the selection of the court administrator, discipline, or tennination, are contrary to the City's position. As a result, it is possible that such actions could give rise to a lawsuit. The only recourse the City has available is to provide the defense and pay any judgment or settlement. The City cannot direct,and may not even be able to influence, different actions to prevent future issues or to prevent future liability. Lastly, the ability to adjust the wages of the judge differs. For the appointed position, the City Council can set the wages by ordinance at any time. FWCC 2-311(j) and RCW 3.50.080. However, for the elected position, the City Council is bound by the constitutional limitation of setting wages for the term of the elected position. Article 11, § 8 (arnend. 57), AGO 1991 No. 13. CONCLUSION If the City Council does detennine that the Municipal Court Judge position should becorne elected, FWCC 2-311(b) already authorizes the change. Consequently, it is not necessary to amend the Code. However, if the position should be elected, the City Council can adjust the salary only at the comrnencernent of the elected tenn; i.e. January I, 2006; January I, 20 to, etc. IfI can be of further assistance, please do not hesitate to contact me. k:\Municipal Court\Elect Judge ~Jaw. Page I West's RCW A 3.50.020 c West's Revised Code of Washington Annotated CulTentness Title 3. District CourtsnCourts of Limited Jurisdiction (Refs & Annos) 1'Ç[j Chapter 3.50. Municipal Courts--Altemate Provision (Refs & Annosl ... 3.50.020. Jurisdiction The municipal court shall have exclusive original jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal jurisdiction of all violations of city ordinances duly adopted by the city in which the municipal court is located and shall have original jurisdiction of all other actions brought to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The municipal court shall also have the jurisdiction as conferred by statute. The municipal court is empowered to forfeit cash bailor bail bonds and issue execution thereon; and in general to hear and determine all causes, civil or criminal, including traffic infractions, arising under such ordinances and to pronounce judgment in accordance therewith. A municipal court participating in the program established by the office of the administrator for the courts pursuant to RCW 2.56.160 shall have jurisdiction to take recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of limited jurisdiction participating in the program. CREDIT(S) [2000cLII& 6;1985c303§ 14;1984c258§ 104; 197gex.s.c 136§ 17;196Ic299§ 51.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Fonnerly: Municipal departments--Altemate provision» HISTORICAL AND ST A TUTORY NOTES Court Improvement Act of 1984--Effective dates--Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application--1984 c 258 § § 101-139: See note following RCW 3.50.005. Effective date--Severability-1979 ex.S. c 136: See notes following RCW 46.63,010. Laws 1979, Ex.Sess., ch. 136, § 17, in the last sentence, inserted "including traffic inhactions". Laws 1984, ch. 258, § 104, in the first sentence, inserted "exclusive original jurisdiction over traffic inhactions arising under city ordinances and"; and, in the last sentence, inserted "and in general". Laws 1985,.ch. 303, § 14, inserted the second sentence. Laws 2000, ch. Ill, § 6, added the fourth sentence. LIBRARY REFERENCES 2004 Main Volume <Q 2005 Thomson/West. No Claim to Orig U.S. Govt. Works. ~ Page I West's RCW A 3.50.040 C West's Revised Code of Washington Annotated CulTentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annos) "III Chapter 3.50. Municipal Courts--Alternate Provision (Refs & Annos) -+3.50.040. Municipal judges--Appointed--Terms, qualifications--District judge as part-time municipal judge Within thirty days after the effective date of the ordinance creating the municipal court, the mayor of each city or town shall appoint a municipal judge or judges òf the municipal court for a tenn of four years. The terms of judges serving on July 1, 1984, and municipal judges who are appointed to terms commencing before January 1,1986, shall expire January I, 1986. The terms of their successors shall commence on January I, 1986, and on January I of each fourth year thereafter, pursuant to appointment or election as provided in this chapter. Appointments shall be made on or before December I of the year next preceding the year in which the terms commence. The legislative authority of a city or town that has the general power of confirmation over mayoral appointments shall have the power to confinn the appointment of a municipal judge. A person appointed as a full-time or part-time municipal judge shall be a citizen of the United States of America and of the state of Washington; and an attorney admitted to practice law before the courts of record of the state of Washington: PROVIDED, That in a municipalíty having a population less than five thousand persons, a person who has taken and passed by January I, 2003, the qualifying examination for a lay candidate for judicial officer as provided by rule of the supreme court may be the judge. Any city or town shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time. In the event of the appointment of a district judge, the city or town shall pay a pro rata share of the salary. CREDIT(S) [2002 c 136 & 2; 1984 c 258 § 106; 1975-'76 2nd ex.s. c 35 § I; 1961 c 299 § 53.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Fonnerly: Municipal departments--Alternate provision» HISTORICAL AND STATUTORY NOTES Court Improvement Act of 1984--Effective dates--Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application-1984 c 258 § § 101-139: See note following RCW 3.50.005. Laws 1975-76, 2nd Ex.Sess., ch. 35, § I, in a second paragraph [now third paragraph], following "courts of record ofthè state of Washington" deleted "and practicing law in the municipality or residing in the municipality where the department is located". Laws 1984, ch. 258, § 106, rewrote the first paragraph, which fonnerly read: "Within thirty days after the effective date of the ordinance, the mayor of each city or town shall, with the approval of the legislative body thereof, appoint a municipal judge or judges of the municipal court for a tenn of four years, (þ 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 West's RCW A 3.50.040 conunencing January 15, 1962. Succeeding appointments shall be made in like manner by the fifteenth day of December preceding the end 0 f every four year term." The 1984 amendment also inserted the second paragraph; in the third paragraph, inserted "a full-time or part-time"; substituted references to district judge for references to justice of the peace; and made nonsubstantive changes. Laws 2002, ch. 136, § 2, in the third paragraph, in the proviso, substituted "who has taken and passed by January 1, 2003, the qualifying examination for a lay candidate for judicial officer as provided by rule of the supreme court" for "other than an attorney". LIBRARY REFERENCES 2004 Main Volume Judges ~3, 4, 7. Westlaw Topic No. 227. CJS Judges ~ § 12 to lJi, 20 to 24, 27 to 29. RESEARCH REFERENCES 2005 Electronic Pocket Part Update Treatises and Practice Aids I Wash. Prac. Series & 1.7, Municipal Courts, 2 Wash. Prac. Series GR 8, Reserved, Chapter 136, Laws 2002. 48 Wash. Prac. Series ARLJ 2, Scope of Rules. West's RCW A 3.50.040, WAST 3.50.040 Current with all 2004 legislation Copr. <9 2005 West, a Thomson business. END OF DOCUMENT (Ç) 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ~ ! 0 /' Page I West's RCW A 3.50.050 C West's Revised Code of Washington Annotated Currentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annos) "iii Chapter 3050. Municipal Courts--Altemate Provision (Refs & Annos) ... 3.50.050. Municipal judge may be elective position--Qualifications, term The legislative authority of the city or town may, by ordinance, provide that the position of municipal judge within the city or town shall be an elective position. The ordinance shall provide for the qualifications of the municipal judge which shall be the same as the qualifications necessary for the appointment thereof; and further, shall provide that the municipal judge shall be elected in the same manner as other elective city officials are elected to office, and that the term of the municipal judge shall be for a term of four years commencing on January I, 1986, and every four years thereafter. CREDIT(S) [1984 c 258 § 107; 1961 c 299 § 54.] «CHAPTER 3.50. MUNICIPAL COURTSuAL TERNA TE PROVISION» «Formerly: Municipal departments--Altemate provision» HISTORICAL AND ST A TUTORY NOTES Court Improvement Act of 1984-Effective dates--Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application--1984 c 258 § § 101-139: See note following RCW 3,50.005. Laws 1984, ch. 258, § 107, in the first sentence, substituted "each" for "the"; and, at the end of the second sentence, substituted "for a term of four years commencing on January 1, 1986, and every four years thereafter" for "concurrent with other city officials of the city or town". LIBRARY REFERENCES 2004 Main Volume Judges ~3, 4, 7. Westlaw Topic No. 227. C.l.S. Judges & & 12 to~, 20 to 24, 27 to 29. West's RCW A 3.50.050, WAST 3.50.050 Current with all 2004 legislation Copr.!Q 2005 West, a Thomson business. END OF DOCUMENT !Q 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ~ Page I West's RCW A 3.50.055 c West's Revised Code of Washington AIUlotated Currentness Title 3. District CourtsnCourts of Limited Jurisdiction (Refs & Annos) "'fiI Chapter 3,50. Municipal Courts--Alternate Provision (Refs & Annos) ... 3.50.055. Judicial positions-Filling--Circumstances permitted Notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be filled only by election under the following circumstances: (l) Each full"time equivalent judicial position shall be filled by election. This requirement applies regardless of how many judges are employed to fill the position. For purposes of this section, a full-time equivalent position is thirty-five or more hours per week of compensated time. (2) In any city with one or more full-time equivalent judicial positions, an additional judicial position or positions that is or are in combination more than one-half of a full-time equivalent position shall also be filled by election. CREDIT(S) [l993c317~ 4.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Formerly: Municipal departments--Alternate provision» HISTORICAL AND STATUTORY NOTES Severability--Effective date-1993 c 317: See notes following RCW 3.50,810. LIBRARY REFERENCES 2004 Main Volume Judges €::=>3. Westlaw Topic No. 227. C.J.S. Judges & & 12 to 11. NOTES OF DECISIONS Construction and application! Initial judge £ 1. Construction and application If a vacancy occurs in a municipal court position established under Chapter 35.20 RCW (cities of over four hundred thousand population), or Chapter 3.50 RCW (all other cities), the vacancy will be filled by appointment for the remainder of the tenn, with no nùdterrn special election. Op.Atty.Gen. 1995 No.9. ~ 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 West's RCW A 3.50.055 RCW 3.50.055, enacted in 1993 but effective January 1, 1995, requires certain municipal court judgeships to be filled by election as vacancies occur after January I, 1995: that is, any new positions created or vacancies occurring in existing positions (if they are covered by RCW 3.50.055) must be filled by election for the remainder of the current term, while duly appointed judges serving terms scheduled to end on January I, 1998 may complete their current terms, but their successors will be chosen by election. Op.Atty.Gen. 1995 No.4. 2. Initial judge If a city creates a new municipal court position pursuant to Chapter 3.50 or Chapter 35.20 RCW, effective as of the beginning of the next statutory term for such a judgeship, the initial judge will be chosen by election if it is a full- time position or a part-time position covered by RCW 3.50.055; otherwise, the city may elect to make the position elective or appointive. Op.Atty.Gen. 1995 No.9. West's RCW A 3.50.055, WAST 3.50.055 Current with all 2004 legislation Copr. (Ç;) 2005 West, a Thomson business. END OF DOCUMENT (Q 2005 Thomson/West. No Claim to Orig. U.S. Gov!. Works. ~ Page I West's RCW A 3.50.057 c West's Revised Code of Washington Annotated Currentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annos) "fSI Chapter 3.50. Municipal Courts--Altemate Provision (Refs & Annos) .. 3.50.057. J udges--Residency requirement A judge of a municipal court need not be a resident of the city in which the court is created, but must be a resident of the county in which the city is located. CREDIT(S) [1993 c 31~.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Formerly: Municipal departments--Altemate provision» HISTORICAL AND STATUTORY NOTES Severability--Effective date-1993 c 317: See notes following RCW 3.50.810. LIBRARY REFERENCES 2004 Main Volume Judges ~4. Westlaw Topic No. 227. CJ,S. Judges & & 15 to~, 20. West's RCW A 3.50.057, WAST 3.50.057 Current with all 2004 legislation Copr. (Q 2005 West, a Thomson business. END OF DOCUMENT (Q 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ~ Page 1 West's RCW A 3.50.070 West's Revised Code of Washington AlU1otated Currentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Almos) "¡j Chapter 3.50. Municipal Courts--Altemate Provision (Refs & Annas) ... 3.50.070. Additional j udges--Appointment, election Additional full or part time judges may be appointed or elected, as provided by ordinance of the legislative body of the city or town when public interest and the adITÚnistration of justice makes such additional judge or judges necessary. CREDIT(S) [1984 c 258 § 109; 1961 c 299 § 56.] «CHAPTER 3.50. MUNICIPAL COURTS--AL TERNA TE PROVISION» «Formerly: Municipal departments--Alternate provision» HISTORICAL AND STATUTORY NOTES Court Improvement Act of 1984-Effective dates-Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application-1984 c 258 § § 101-139: See note following RCW 3.50.005. Laws 1984, ch. 258, § 109, substituted "or elected, as provided by ordinance" for "by the mayor, subject to the approval"; following "city or town" deleted "in the same malU1er as set forth in RCW 3.50.040"; and made nonsubstantive change. LIBRARY REFERENCES 2004 Main Volume Judges ~2, 3. Westlaw Topic No. 227. c.J.S. Judges § Q 8 to 2, 11. to 11. West's RCW A 3.50.070, WAST 3,50.070 Current with all 2004 legislation COpT. ~ 2005 West, a Thomson business. END OF DOCUMENT ~ 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ~ c_.~/ . Page 1 West's RCW A 3.50.075 West's Revised Code of Washington Annotated Currentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annos) "III Chapter 3.50. Municipal Courts--Alternate Provision (Refs & Annos) -+ 3.50.075. Court commissioners--Appointment--Qualification--Part-time appointed judge One or more court conunissioners may be appointed by a judge of the municipal court. Each conunissioner holds office at the pleasure of the appointing judge. A commissioner authorized to hear or dispose of cases must be a lawyer who is admitted to practice law in the state of Washington or a nonlawyer who has passed the qualifying examination for lay judges for courts of limited jurisdiction under RCW 3.34.060. A commissioner need not be a resident of the city or of the county in which the municipal court is created. When a court conunissioner has not been appointed and the municipal court is presided over by a part-time appointed judge, the judge need not be a resident ofthe city or of the county in which the municipal court is created. CREDIT(S) [ 1994 c 1 0 ~ l.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Fonnerly: Municipal departments--Alternate provision» LIBRARY REFERENCES 2004 Main Volume Court Conunissioners ~ 1. Westlaw Topic No. 105. C.J.S. COUIts ~ & 228 to 229. West's RCW A 3.50.075, WAST 3.50.075 Current with all 2004 legislation Copr. «d 2005 West, a Thomson business. END OF DOCUMENT «d 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ~íâw. Page I West's RCW A 3.50.080 c West's Revised Code of Washington Annotated Currentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annos) "'iii Charter 3.50. Municipal Courts--Alternate Provision (Refs & Annos) ... 3.50.080. Salaries of judges--Payment of court operating costs from city funds--Judges and employees as city employees Salaries of municipal court judges shall be fixed by ordinance. All costs of operating the municipal court, including but not limited to salaries of judges and court employees, dockets, books of records, forms, furnishings, and supplies, shall be paid wholly out of the funds of the city or town. The city shall provide a suitable place for holding court and pay all expenses of maintaining it. All employees of the municipal court shall, for all purposes, be deemed employees of the city or town. They shall be appointed by and serve at the pleasure of the court. CREDIT(S) [l984c258§ 111;196Ic299§ 57.] «CHAPTER 3.50. MUNICIPAL COURTS--AL TERNA TE PROVISION» «Formerly: Municipal departments--Alternate provision» HISTORICAL AND ST A TUTORY NOTES Court Improvement Act of 1984--Effective dates--Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application--1984 c 258 § § 101-139: See note following RCW 3.50.005. Laws 1984, ch. 258, § III, rewrote the section, which formerly read: "The salary of the municipal court judge or judges, together with all costs of operating the municipal court, shall be paid wholly out of the funds of the city or town and the compensation of the municipal court judge and all employees of the municipal court shall, for all purposes, be deemed employees of the city or town." CROSS REFERENCES Municipal judges salaries in cities over 400,000, see ~ & 3.58.010, 35.20.160. LIBRARY REFERENCES 2004 Main Volume Judges ~22. Municipal Corporations ~261. Westlaw Topic Nos. 227, 268. ~ 2005 Thomson/West. No Claim to Orig. U.S. Gov!. Works. Page 2 West's RCW A 350.080 C.J.S. Judges ~ 75. NOTES OF DEGSIONS Salaries 1 1. Salaries If city establishes municipal court pursuant to ch. 3.50, salary of its municipal court judges is set by city by ordinance, and city may pay its municipal court judges less than full-time district judges receive when serving in municipal department established pursuant to ch. 3.46. Op.Atty.Gen. 1991, No. 13. West's RCW A 3.50.080, WAST 3.50.080 Current with all 2004 legislation Copr. (Ç) 2005 West, a Thomson business. END OF DOCUMENT (Ç) 2005 ThomsonfWest. No Claim to Orig. U.S. Govt. Works. ~ t......-./ Page 1 West's RCW A 3.50.090 c West's Revised Code of Washington Annotated CulTentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annos) 1<;111 Chapter 3.50. Municipal Courts--Altemate Provision (Refs & Annos) ~ 3.50.090. Judges pro tern The presiding municipal court judge may designate one or more persons as judges pro tern to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges pro tempore of the court. Before entering on his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a duly appointed or elected judge. Such pro tempore judges shall receive such compensation as shall be fixed by ordinance by the municipality in which the court is located and such compensation shall be paid by the municipality. CREDIT(S) [2000c55 & 1;1984c258§ 112;1961c299§ 58.] «CHAPTER 3.50. MUNICIPAL COURTS--AL TERNA TE PROVISION» «Foonerly: Municipal departments--Altemate provision» HISTORICAL AND ST A TUTORY NOTES Court Improvement Act of 1984--Effective dates--Severability--Short title-1984 c 258: See notes following RCW 3.30.010. Application--1984 c 258 § § 101-139: See note following RCW 3.50.005. Laws 1984, ch. 258, § 112, in the first sentence, added "or subsequent to the filing of an affidavit of prejudice"; and added the last sentence. Laws 2000, ch. 55, § I, rewrote the section, which previously read: "The mayor shall, in writing, appoint judges pro tern who shall act in the absence or disability of the regular judge of a municipal court or subsequent to the filing of an affidavit of prejudice. The judges pro tern shall be qualified to hold the position of judge of the municipal court as provided herein. The municipal court judges pro tern shall receive such compensation as shall be fixed by the ordinances of the legislative body of the city or town wherein the municipal court is located. The teon of the appointment shall be specified in writing but in any event shall not extend beyond the teon of the appointing mayor." 2005 Electronic Pocket Part Update West's RCW A 3.50.090, WAST 3.50.090 Copr. (Ç) 2005 West, a Thomson business. Current with all 2004 legislation END OF DOCUMENT (Ç) 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. ~ '.// Page I West's RCW A 3.50.093 c West's Revised Code of Washington Annotated Currentness Title 3. District Courts--Courts of Limited Jurisdiction (Refs & Annas) "Ii Chapter 3.50. Municipal Courts--Altemate Provision (Refs & Annas) ~ 3.50.093. Municipal judge-Vacancy--Appointment Any vacancy in the municipal court due to a death, disability, or resignation of a municipal court judge shall be filled by the mayor, for the remainder of the unexpired term. The appointment shall be subject to confirmation by the legislative authority of the city or town if the legislative authority has the general power of confirmation over mayoral appointments. The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. CREDlT(S) [1984c258§ 113.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Formerly: Municipal departments--Altemate provision» HISTORICAL AND STATUTORY NOTES Court Improvement Act of 1984--Effective dates--Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application-1984 c 258 § § 101-139: See note following RCW 3.50.005. LIBRARY REFERENCES 2004 Main Volume Judges ~8. Westlaw Topic No. 227. C.J .S. Jude.es & & 30 to 34. NOTES OF DECISIONS Duration of appointment l Scope of authority! Temporary appointments 1 1. Scope of authority City which had impermissibly confirmed replacement municipal court judge on a temporary basis only, in violation of statute requiring replacements to be for full term., with result that judge was a de facto judge until displaced by appropriate proceeding, acted within its authority by advertising and interviewing qualified candidates, and iÇ) 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 West's RCW A3.50093 ultimately in selecting a permanent judge for the position. Cotton v. City of [lma (2000) 100 Wash.App. 685, 998 P.2d 339. review denied \4\ Wash.2d 1029. 11 P.3d 824. Judges ~ 8 2. Duration of appointment If a vacancy occurs in a municipal court position established under Chapter 35.20 RCW (cities of over four hundred thousand population), or Chapter 3.50 RCW (all other cities), the vacancy will be filled by appointment for the remainder of the term, with no midterm special election. Op.Atty.Gen. 1995 No.9. 1. Temporary appointments Municipal court judge whose appointment as replacement was confirmed by city council only until council could "hire a full time replacement" was confirmed on a temporary basis only, in violation of statute which requires vacancies in municipal court judgeships to be filled for remainder of unexpired term. Cotton v. City of Ehna (2000) 100 Wash.App. 685,998 P.2d 339, review denied 141 Wash.2d 1029, 11 P.3d 824. Judges ~ 8 West's RCW A 3.50.093, WAST 3.50.093 Current with all 2004 legislation Copr. ~ 2005 West, a Thomson business. END OF DOCUMENT ~ 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. wætÎåw. f ../ Page I West's RCW A 3.50.095 West's Revised Code of Washington AIUlotated Currentness Title 3. District CourtsuCourts of Limited Jurisdiction (Refs & Annas) "iii Chapter 3.50. Municipal Courts--Alternate Provision (Rcfs & Annos) ... 3.50.095. Municipal judge--Removal from office A municipal judge shall be removed only upon conviction of misconduct or malfeasance in office, or because of physical or mental disability rendering the judge incapable of performing the duties of the office. CREDlT(S) [1984c258§ 124.] «CHAPTER 3.50. MUNICIPAL COURTS--ALTERNATE PROVISION» «Formerly: Municipal departments--Altemate provision» HISTORICAL AND STATUTORY NOTES Court Improvement Actor 1984--Effective dates--Severability--Short title--1984 c 258: See notes following RCW 3.30.010. Application--1984 c 258 § § 101-139: See note following RCW 3.50.005. LIBRARY REFERENCES 2004 Main Volume Judges ~11(4). Westlaw Topic No. 227. C-l.S. Judges § § 43 to 44, 52. West's RCW A 3.50.095, WAST 3.50.095 Current with aU 2004 legislation Copr.!Íd 2005 West, a Thomson business. END OF DOCUMENT !Íd 2005 ThomsonlWest. No Claim to Orig. U.S. Govt. Works. Awe June 23, 2004 ASSOCIATION OF The Honorable Jim Ferrell WASHINGTON CITIES Federal Way City Council 320 SW 328th Street Federal Way, WA 98023 1076 Fr anklin 5t. 5E Olympia. WA 98501-1346 Dear Jim: Fax: 360-753-0149 Thank you for your recent request for information regarding cities that appoint or elect their municipal court judge. Attached is a spreadsheet, sorted by city size, of those cities with municipal courts, whether they elect or appoint their judge, and how many hours per week the judge is contracted to work. Phone: 360-753-4137 Toll Free: 1:800-562-8981 Website: www.awcnetorg I'd like to clarify a couple of things about the enclosure. As you know, there are a few different ways in which cities may satisfy their responsibility to provide citizens access to the court. Many simply contract with the county district court. Those are not listed on the enclosure. Some have an independent municipal court, but employ the elected district court judge. In the column labeled "Elected DC or MC Judge?" we've used "DC" to identify those cities that use the elected district court judge in their municipal court. "MC" indicates an elected municipal court judge. "NA" indicates an appointed municipal court judge. Those cities that contract with another city for court services under a "community court" model are shaded. Finally, if a city is show having both an appointed and an elected judge, it would indicate that the elected judge appoints a commissioner. I hope this answers your questions. If you would like more information, please contact me at (360) 753-4137 or bye-mail at tammyf@awcneLorg. Sincerely, d3~ Muni~i~e~~iCY Associate Enclosure GIT AMMYlCOURT CONSOlfDA TlON\FERRELLDA T AREOUEST .DOC Municipal Courts in the State of Washington located located in #of #of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) I County? Judgesl Judges Judge? Hours Commissione rs Court Seattle Municipal Court Everett Municipal Court Federal Way Municipal Court Kent Municipal Court Yakima Municipal Court Bellingham Municipal Court Lakewood Municipal Court Renton Municipal Court King Seattle 5 8 0 2 Snohomis IEverett h King ¡Federal Way King Yakima 2 0 Kent 0 2 Yakima 0 2 Whatcom I Bellingham Pierce King King 0 Lakewood 2 Kir~larid,fy1qDr~.i~~1 I King Court~ ...,\ Aubl.Jm~AlgÔn¡:rt'!'y MuhicipalCøürf. I ~ Olympia Municipal Thurston Olympia Court Edmonds Municipal Snohomis Edmonds Court h Bremerton Municipal Kitsap Court Lynnwood Municipal Court Puyallup Municipal Court Renton 0 Kirkland 0 Auburn 0 0 0 Bremerton 0 Snohomis ILynnwood h Pierce IPuyallup 0 MC MC MC > 35 per week NA > 35 per week 20 - 34 per week MC > 35 per week > 35 per week > 35 per week 20 - 34 per week MC NA MC > 35 per week NA 20 - 34 ,er week > 35 per week > 35 per week 20 - 34 er week > 35 per week 20 - 34 er week 20 - 34 er week MC MC NA MC NA NA FT 568,100 FT, PT 95,990 PT 83,890 FT 81,900 FT 73,040 FT, PT 68,890 PT 58,190 FT 51 ,140 PT 45,770 FT 43,985 FT 42,530 PT 39,590 FT 37,260 PT 34,010 PT 33,900 Court Located Located in #of # of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) County? Judges! Judges Judge? Hours Commissione ---- rs - . - . .... . 8:.i8II 33,010 Pasco Municipal Court Bothell Municipal Court Des Moines Municipal Court lV1arysvHlê!r§1çr~"¡gip'êj~i Snohom is CoUrt ,'.,'. 'h SeaTac Municipal King Court Bainbridge Island Munìci al Court Tukwíla Municipal King Court Aberdeen Municipal Court Moses Lake Munici al Court Centralia Municipal Lewis Court King King Kitsap Grays Harbor Grant Lake Forest Park Municipal Court ffiurst Tumwater Municipal Thurston Court EnumC:làw'>.';{' I King Municip'àl:CõÙr;t:' BAttle ¡""t.,,:.," '(I Clark G tc>u nd~Ridg,~fil:lj.~k: L~¡~'ehfêr,..M:Ú niQfp'al;~ Cciillrts" ,:" ." Bonney Lake Municipal Court I ~ Lynden Municipal Whatcom Lynden Court King Pierce Bothel! 1 0 Des Moines 1 0 Marysville 1 0 SeaTac 1 0 Bainbridge 1 0 Island Tukwila 1 0 Aberdeen 1 0 Moses Lake 2 0 Centralia 1 0 Sunnyside 1 0 Lake Forest 1 0 Park Tumwater 1 0 Enumclaw 1 0 Battle Ground 1 0 Bonney Lake 0 0 20 - 34 ,er week NA 11 0 -19 per I PT week NA I 20 - 34 I PT ,er week NA I 20 ~ 34 I PT er week NA I 10-19 I PT er week NA I 20 - 34 I PT 'er week NA I 20 - 34 I PT er week NA I 20 - 34 I PT er week DC I < 5 per I PT month NA I 20 - 34 I PT per week 10 - 19 I NA I PT er week NA I 20 - 34 I PT er week NA I < 10 per I PT week NA 110 -19 perl PT week NA I 10-19 I PT per week I 20 - 34 I NA PT er week NA I < 10 per I PT week 30,4 70 29,600 26.770 25,380 20,740 17,230 16,490 15,210 14,950 14,010 12,889 12,770 11 ,180 10,040 9,980 9.285 Court Located Located in #of # of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) County? Judgesl Judges Judge? Hours Commissione rs Cheney Municipal Spokane Cheney I 2 0 DC < 10 per I PT I 9,200 Court week Hoquiam Municipal Grays Hoquiam 1 0 NA 20 - 34 I PT I 9,035 Court Harbor per week Toppenish Municipal Yakima Toppenish 1 0 NA < 10 per PT 8,975 Court week Ferndale Municipal Whatcom Ferndale 1 0 NA < 1 0 per I PT I 8,925 Court week Sedro Wooley Skagit Sedro Wooley 2 0 NA 10-19 I PT I 8,700 Municipal Court per week I I I Sumner Municipal Pierce Sumner 1 0 NA 10-19 I PT I 8,585! Court per week Shelton Municipal Mason Shelton 1 0 NA 10 -19 perl PT I 8,470 Court week Grandview Yakima Grandview 1 0 NA 10-19 [ PT I 8,410 Municipal Court per week College Place Walla College Place 1 0 NA 5 - 1 5 per I PT I 7,945 Municipal Court Walla month Port Orchard Kitsap Port Orchard 1 0 NA 20 - 34 I PT I 7,810 Municipal Court per week Chehalis Municipal Lewis Chehalis 1 0 NA < 10 per I PT I 7,015 Court week I I Poulsbo Municipal Kitsap Poulsbo 1 0 NA 10 -19 perl PT I 6,965 Court week Gig Harbor Pierce Gig Harbor 1 0 NA 10-19 I PT I 6,485 Municipal Court per week Selah Municipal Yakima Selah 1 0 NA < 1 0 per PT 6,405 Court week Steilacoom Pierce Steilacoom 1 0 NA 5 - 15 per PT 6,085 Municipal Court month Court located located in # of #of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) County? Judgesl Judges Judge? Hours Commissione rs Fircrest Municipal Pierce Fircrest 1 0 NA < 1 0 per I PT I 5,890 Court week Milton Municipal Pierce Milton 1 0 NA < 10 per I PT I 5,820 Court week East Wenatchee Douglas East 1 0 NA < 10 per I PT I 5,770 Municipal Court Wenatchee week Union Gap Yakima Union Gap 1 0 NA 10-19 I PT I 5,655 Municipal Court per week < 1 0 per I -- I 5,525 Pacific Municipal King Pacific 1 0 NA PT Court week Quincy Municipal Grant Quincy 2 0 DC < 5 per I PT I 5,165 Court month Fife Municipal Court Pierce Fife 1 0 NA 20 - 34 I PT I 4,820 ler week Omak Municipal Okanogan Omak 1 0 NA 5 - 10 per I PT I 4,730 Court month Wapato Municipal Yakima Wapato 1 0 NA 10-19 PT I 4,555 Court er week Airway Heights Spokane Airway 1 0 NA < 10 per r_n PT I 4,490 Munici al Court Hei hts week Buckley Pierce Buckley 1 0 NA 5 - 15 per I PT I 4,330 Court . month Black Diamond King Black 1 0 NA 5 - 15 per PT I 4,015 Munici al Court Diamond month Orting Municipal Pierce Orting 1 0 NA 5 - 1 5 per PT I 4,015 Court month Ocean Shores Grays Ocean Shores 1 0 NA 5 - 15 perr- - PT I 3,930 Munici al Court Harbor month Medical Lake Spokane Medical Lake 'I 3,877 Municipal Court ." '<C". , F"," , Woodland Municipal Cowlitz Woodland 1 0 DC 10 - 19 I PT I 3,875 Court per week Blaine Municipal Whatcom Blaine 1 0 NA 5 - 15 per I PT I 3,855 Court month Chelan Chelan Chelan 1 0 NA 10-19 ¡ PT I 3,535 er week Yelm Municipal IThurston Yelm I 1 I 0 I NA I < 1 0 per I PT I 3,420 Court week Court Located Located in #of # of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) County? Judgesl Judges Judge? Hours Commissione rs Montesano Grays Montesano 1 0 NA PT I 3,325 Municipal Court Harbor Cashmere Chelan Cashmere 1 0 NA PT I 3070 I Elma Municipal Grays Elma 1 0 NA PT 3,050 Court Harbor Deer Park Municipal Spokane Deer Park 1 0 DC PT I 3,035 Court Raymond Municipal Pacific Raymond 1 0 DC PT I 2,975 Court Connell Municipal Franklin Connell 1 0 NA 2,970 Court Colfax Municipal Whitman Colfax 1 0 NA 5 - 15 per 2,835 Court month Mattawa Municipal Grant Mattawa 2 0 DC < 5 per 2,820 'Court month Granger Municipal Yakima Granger 1 0 NA 5 - 1 5 per PT ¡ 2,575 Court month Warden Municipal Grant Warden 2 0 DC < 5 per 2,565 Court month Zillah Municipal Yakima Zillah 1 0 NA 5 - 15 per 2472 Court month Pât~rPs;Jg~~i~I~r"'; Okanogan Brewster 1 0 NA 5 - 10per PT 1 2,205 MUÓ¡èrål.Ô&;ürtÄ,;:r:. . I month Westport Municipal Grays Westport 1 0 NA 5 - 15 per 2,150 Court Harbor month Castle Rock Cowlitz Castle Rock NA':',. 1 2,125 Municipal Court Leavenworth Leavenworth 2080 Bridgeport MuniciPal! Douglas I Bridgeport I 1 I 0 I NA PT I 2,080 Court Court Located Located in #of #of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) County? Judges! Judges Judge? Hours Commissione rs E~~r.S'?n-NOOksâêk Î',Nhatcom Everson I 1 I 0 I NA 16 - 15 per I PT I 2050 tv1uplçlpal Co\.lrf month ... I I . Eatonv,lIe Mu'1icipal Pierce Eatonville 1 0 NA 5 - 15 per I PT I 2,040 Court month Royal City ~Ÿ1L:nicipal Grant Royal City 2 0 DC < 5 per I PT I 1,825 Court month South Bend I Pacific South Bend 1 0 DC < 10 per I PT I 1,805 Munici;)a' COL:rt week Cosmopc1is Grays Cosmopolis 1 0 NA 5 - 1 5 per I PT 1 1,595 Municl;)a: Court Harbor month TêQîrto Municipal Trurston Tenino' 1 0 NA 5 - 1 5 per I PT I 1 ,460 CoUrt. month McClea:-y t\1unicipai Grays McCleary 1 0 NA 5 - 15 per I PT I 1 ,445 Court Ha~bor month Long Beach I Pacific Long Beach 1 0 DC < 5 per I PT I 1,385 Municipa! Court ¡ month Nâp~vine Municipal Lewis Napavine 1 0 NA 5 - 10 per I PT 1 1,352 Cburt month Wìnlock Mu,,¡clpai Lewis Winlock 1 0 NA 5 - 1 0 per I PT I 1,337 Court , month Stevenson Mu'1icipa; Si<.amania Stevenson 1 0 NA 5 - 15 per I PT I 1,205 Court month Kittitas tkmicipal I K-titas Kittitas 1 0 NA 5 - 1 5 per I PT I 1,105 Court month Tonasket Muf1!cipal Oo<anogan Tonasket 1 0 NA < 5 per I PT T 1,010 Court month Sumas tv1unicipa; Whatcom Sumas 1 0 NA 5 - 1 5 per I PT I 995 Court I month Langley tv1unicipai Island Langley 1 0 NA < 5 per I PT ] 970 Court month Twisp Mur.icioal Okanogan Twisp 1 0 NA < 5 per I PT I 955 Court month Electric City Grant Electric City 2 0 DC < 5 per I PT r 950 Municipal Court month IIwaco Municipai Pacific Ilwaco 1 0 DC < 5 per I PT I 950 Court month Court Located Located in #of # of Elected Est. FT or PT? Population in which which city? Appointed Elected DC or MC Judicial (MC only) County? Judges! Judges Judge? Hours Commissione rs Grand Coulee Grant Grand Coulee 2 0 DC < 5 per I PT I 926 Municipal Court month Moxee Municipal Yakima Moxee 1 0 NA < 5 per I PT I 835 Court month Ruston Municipal Pierce Ruston 1 0 NA < 10 per I PT I 740 Court week Oakville Municipal Grays Oakville 1 0 NA 5 - 15 per I PT 1 680 Court Harbor month Albion Municipal Whitman Albion 1 0 NA < 5 per I PT \- 625 Court month Coulee City Grant Coulee City 2 0 DC < 5 per I PT I 600 Municipal Court month , North Bonneville Skamania North 1 0 NA 5 - 15 per 586 Munici al Court Bonneville month Cathlamet Municipal Wahkiaku Cathlamet 1 0 NA < 5 per PT I 560 Court m month Pierce Wilkeson 1 0 NA 5 - 1 5 per 417 month Colton Municipal Whitman Colton 1 0 NA 5 - 15 per I PT I 390 Court month Roy Municipal Court Pierce Roy 1 0 NA 5 - 1 5 per 367 month <5per I I Winthrop Municipal IOkanogan Winthrop 1 0 NA PT 350 Court month Uniontown Municipal Whitman Uniontown 1 0 NA < 5 per I PT I 340 Court month I I Prescott Municipal Walla Prescott 1 0 NA < 5 per I PT I 315 Court Walla month I I Elmer City Municipal Okanogan Elmer City 1 0 NA < 5 per I PT I 270 Court month Kahlotus Municipal Franklin Kahlotus 1 0 NA < 5 per I PT I 215 Court month n 0 c: ~ ..... n -. ï 0 :J 0 c: :E n :J ::r I\) ..... -. ..... '< n CI) 'v ::r 0.. :E ï ::rO -' n n I\) ::r..... n C1) ;:0:0.. '< -, 'v :J n 30 c.. :Þ c:"t:I ~3o..-g~ UI iii' I.C -. 0 UlCI):J- -. UI"'" 0 - CI) :J 0.. CI) c..m ã.ëD~ I.C ~ 0 C1) CI) - UI 0.. c..Cm c: 0 - 0.. 0 CI) I.C ~ n CI) ..... 'V s: ~ n :I:~ oo..m c: -.//1 ~ !:? ~ //I I\) - 'T1 S:-I 00 0 ~ :J ""0 -<"-I - 'v ""0 0 "t:I c: ~ ..... õ' :J FEDERAL WAY MUNICIPAL COURT FILINGS- 2004 January February March April May June July August September October November December Totals Infractions 837 876 738 987 804 1284 955 693 822 1425 860 796 11077 Parking 62 64 73 54 33 75 78 54 54 35 42 50 674 Total Infractions 899 940 811 1041 837 1359 1033 747 876 1460 902 846 11751 DUI'S 25 24 29 37 31 54 33 41 26 35 42 33 410 Criminal Trf 190 143 142 129 161 80 38 43 49 59 55 42 1131 Criminal Misd 153 117 151 144 139 163 175 178 162 149 143 141 1815 Total Criminal 368 284 322 310 331 297 246 262 237 243 240 216 3356 T otaI Infractions 899 940 811 1041 837 1359 1033 747 876 1460 902 846 11751 Total Criminal 368 284 322 310 331 297 246 262 237 243 240 216 3356 Total Filings 1267 1224 1133 1351 1168 1656 1279 1009 1113 1703 1142 1062 15107 FEDERAL WAY MUNICIPAL COURT HEARINGS HELD - 2004 January February March April May June July August September October November December Totals Infractions 544 473 571 445 407 395 341 417 334 333 419 416 5095 Parking 41 18 25 23 16 24 10 12 12 16 18 18 233 Total Infractions 585 491 596 468 423 419 351 429 346 349 437 434 5328 OUI'S 187 186 193 166 162 169 219 213 210 191 222 232 2350 Criminal Traffic 464 404 406 358 315 304 228 192 159 173 159 172 3334 Criminal Misd 583 484 595 568 510 551 666 599 620 566 517 674 6933 Total Crirninal 1234 1074 1194 1092 987 1024 1113 1004 989 930 898 1078 12617 Civil filings 3 1 1 1 2 1 2 6 2 2 21 Total Infractions 585 491 596 468 423 419 351 429 346 349 437 434 5328 Total Criminal 1234 1074 1194 1092 987 1024 1113 1004 989 930 898 1078 12617 Total Civil 3 1 1 1 0 2 1 2 0 6 2 2 21 Total Hearing-s 1822 1566 1791 1561 1410 1445 1465 1435 1335 1285 1337 1514 17966 FEDERAL WAY MUNICIPAL COURT FILINGS- 2003 January February March April May June July August September October November December Totals Infractions 1025 1127 1427 923 959 829 974 707 965 754 723 928 11341 Parking 96 56 160 145 135 108 145 64 138 117 91 62 1317 Total Infractions 1121 1183 1587 1068 1094 937 1119 771 1103 871 814 990 12658 DUl'S 35 28 44 28 47 48 28 22 41 30 19 26 396 Criminal T rf 166 144 183 179 187 160 152 133 192 180 156 187 2019 Criminal Misd 159 136 147 175 187 185 124 158 173 196 109 150 1899 Total Criminal 360 308 374 382 421 393 304 313 406 406 284 363 4314 Total Infractions 1121 1183 1587 1068 1094 937 1119 771 1103 871 814 990 12658 Total Criminal 360 308 374 382 421 393 304 313 406 406 284 363 4314 Total Filings 1481 1491 1961 1450 1515 1330 1423 1084 1509 1277 1098 1353 16972 FEDERAL WAY MUNICIPAL COURT HEARINGS HELD - 2003 January February March April May June July August September October November December Totals Infractions 437 393 417 527 530 620 590 503 449 612 418 517 6013 Parking 21 19 26 21 21 37 18 25 23 29 9 30 279 Total Infractions 458 412 443 548 551 657 608 528 472 641 427 547 6292 ours 161 144 170 197 209 164 240 183 163 230 190 148 2199 Criminal Traffic 248 244 254 340 320 265 365 287 269 367 325 381 3665 Criminal Misd 453 365 400 454 479 449 572 474 506 591 476 492 5711 Total Crirninal 862 753 824 991 1008 878 1177 944 938 1188 991 1021 11575 Civil filings 1 2 2 4 4 3 2 2 1 3 0 4 28 Total Infractions 458 412 443 548 551 657 608 528 472 641 427 547 6292 Total Criminal 862 753 824 991 1008 878 1177 944 938 1188 991 1021 11575 Total Civil 1 2 2 4 4 3 2 2 1 3 0 4 28 Total Hearings 1321 1167 1269 1543 1563 1538 1787 1474 1411 1832 1418 1572 17895 pyActHstSumDet 1/24/2003 12:12:04PM . ... Activity History Summary/Detail Report CITY OF FEDERAL WAY Fiscal Year 2004 Page: 1 Emp# 7871 Employee Name TRACY, DAVID Hourtype Hours Rate Amount Acct #/PA # ex! 0.00 0.00 149.04 h 64.00 0.00 3,938.72 1,608.00 0.00 99,184.48 Page: 1 Activity History Summary/Detail Report CITY OF FEDERAL WAY Fiscal Year 2004 Page: 2 pyActHstSumDet 1/24/20U5 12:12:04PM Hours Amount Acct #/PA # 103,272.24 Hourtype 1,672.00 Employee Count: 1 Activity Hourtype Recap Recap Grand Total: 0.00 64.00 1,608.00 1,672.00 149.04 3,938.72 99,184.48 103,272.24 exl h r Page: 2 pyEmpHst 01/26/2005 1 :26PM Employee: 7871 TRACY, DAVID Position: 2202/001 MUNICIPAL COURT JUDGE Address: --p - Earnings Detail - From 1/1/2004 Through 12/31/2004 Activity Date Hour Type Hours/units Rate 1/15/2004 ex! 1/15/2004 h 8.00 1/15/2004 r 64.00 1/31/2004 h 8.00 1/31/2004 r 56.00 2/13/2004 ex! 2/15/2004 r 64.00 2/29/2004 h 8.00 2/29/2004 r 56.00 3/15/2004 exl 3/15/2004 r 72.00 3/31/2004 r 80.00 4/15/2004 ex! 4/15/2004 r 72.00 4/30/2004 r 64.00 5/14/2004 exl 5/15/2004 r 64,00 5/31/2004 h 8.00 5/31/2004 r 64.00 6/15/2004 exl 6/15/2004 r 72.00 6/30/2004 r 72.00 7/15/2004 exl 7/15/2004 h 8.00 7/15/2004 r 64.00 7/31/2004 r 64.00 8/13/2004 exl 8/15/2004 r 64.00 8/31/2004 r 80.00 9/15/2004 ex! Employee History CITY OF FEDERAL WAY Page: 2 SSN: Amount Grade Step Source Void 12.42 Premium N 477.42 Generated N 3,819.38 Generated N 537.10 Generated N 3,759.70 Generated N 12.42 Premium N 4,296.80 Generated N 537.10 Generated N ,.J'/ 3,759.70 Generated N f 12.42 Premium N . (\ ¡v 4,296.80 Generated N \\\L v"'~ 4,296.80 Generated N {"'I\ 12.42 Premium N Q.¡1 'J 4,296.80 Generated N uf-\ // 4,296.80 Generated N 12.42 Premium N 4,296.80 Generated N 477.42 Generated N 3,819.38 Generated N 12.42 Premium N 4,296.80 Generated N 4,296.80 Generated N 12.42 Premium N 477.42 Generated N 3,819.38 Generated N 4,296.80 Generated N 12.42 Premium N 4,296.80 Generated N 4,296.80 Generated N 12.42 Premium N Page: 2 1 :26PM Employee History CITY OF FEDERAL WAY Page: 3 pyEmpHst 01/26/2005 (continued) Employee: 7871 Position: 2202/001 TRACY, DAVID MUNICIPAL COURT JUDGE SSN: Earnings Detail. From 1/1/2004 Through 12/31/2004 (continued) Activity Date Hour Type Hours/units Rate Amount Grade Step Source Void 9/15/2004 h 8.00 477.42 Generated N 9/15/2004 r 64.00 3,819.38 Generated N 9/30/2004 r 72.00 4,296.80 Generated N 10/15/2004 exl 12.42 Premium N 10/15/2004 r 64.00 4,296.80 Generated N 10/31/2004 r 64.00 4,296.80 Generated N 11/15/2004 ex! 12.42 Premium..... oN 11/15/2004 h 8.00 477.42 Generated N 11/15/2004 r 64,00 3,819.38 Generated N 11/30/2004 h 8.00 477.42 Generated N 11/30/2004 r 64.00 3,819.38 Generated N 12/15/2004 exl 12.42 Premium N 12/15/2004 r 72.00 4,296.80 Generated N 12/31/2004 r 72.00 4,296.80 Generated N Totals: 1,672.00 103,272.24 Activity History Summary/Detail Report CITY OF FEDERAL WAY Fiscal Year 2004 Page: 1 pyActHstSumDet 1/24/2005 12:11:06PM Emp# Employee Name Hourtype Hours Rate Amount Acct #/PA # 4333 PLATTER,T,ANTHONY ex! 0.00 0.00 71.28 h 24.00 0.00 862.09 1,517.50 0.00 59,156.08 Page: 1 Activity History Summary/Detail Report CITY OF FEDERAL WAY Fiscal Year 2004 Page: 2 pyActHstSumDet 1/24/2005 12:11 :06PM Hourtype Hours Amount Acct #/PA # 60,089.45 1,541,50 Employee Count: 1 ActivitvHourtype Recap Recap Grand Total: 0.00 24.00 1,517.50 1,541.50 71.28 862.09 59,156.08 60,089.45 exl h r Page: 2 pyEmpHst Employee History Page: 01/26/2005 1 :30PM CITY OF FEDERAL WAY Employee: 4333 PLATTER, T. ANTHONY SSN: Position: 2203/001 COURT COMMISSIONER Address: Earnings Detail. From 1/1/2004 Through 12/31/2004 Activity Date Hour Type Hours/units Rate Amount Grade Step Source Void 1/15/2004 ex! 5.94 Premium ~ 1/15/2004 h 4.00 160.77 Generated N 1/15/2004 r 57.00 2,290,98 Generated N 1/31/2004 r 68.00 2,451.75 Generated N 2/13/2004 ex! 5.94 Premium N 2/15/2004 r 57.00 2,451.75 Generated N 2/29/2004 r 57.00 2,451.75 Generated N 3/15/2004 ex! 5.94 Premium N 3/15/2004 r 60.00 2,451.75 Generated N 3/31/2004 r 73.00 2,451.75 Generated N 4/15/2004 ex! 5.94 Premium N 4/15/2004 r 61.50 2,451.75 Generated N 4/30/2004 r 65,00 2,451.75 Generated N 5/14/2004 exl 5.94 Premium N 5/14/2004 r 2.00 37.72 75.44 Activity N 5/15/2004 r 57.00 2,451.75 Generated N 5/31/2004 r 57.00 2,451.75 Generated N 6/15/2004 ex! 5.94 Premium N 6/15/2004 r 65.00 2,451.75 Generated N 6/30/2004 r 65.00 2,451.75 Generated N 7/15/2004 exl 5.94 Premium N 7/15/2004 r 56.58 Activity N 7/15/2004 r 63,00 2,451.75 Generated N 7/30/2004 r 2.00 37.72 75.44 Activity N 7/31/2004 r 65.00 2,451.75 Generated N 8/13/2004 exl 5.94 Premium N 8/13/2004 r 1.50 56.58 Activity N 8/15/2004 r 57.00 2,451.75 Generated N Page: 1 pyEmpHst 01/26/2005 1 :30PM Employee: 4333 PLATTER,T.ANTHONY Position: 2203/001 COURT COMMISSIONER Earnings Detail. From 1/1/2004 Through 12/31/2004 Activity Date Hour Type Hours/units Rate 8/31/2004 r 9.50 37.72 8/31/2004 r 64.50 9/15/2004 ex! 9/15/2004 r 65.00 9/30/2004 r 2.50 9/30/2004 r 61.50 10/15/2004 exl 10/15/2004 r 65.00 10/29/2004 r 7.00 10/31/2004 r 57.00 11/15/2004 exl 11/15/2004 r 68.00 11/30/2004 h 12.00 11/30/2004 r 52,50 12/15/2004 ex! 12/15/2004 r 2.00 12/15/2004 r 65.00 12/31/2004 h 8.00 12/31/2004 r 3.50 37.72 12/31/2004 r 61.50 Totals: 1,541,50 Employee History CITY OF FEDERAL WAY SSN: , (continued) Amount Grade Step Source Void 358.33 Activity ~ 2,451.75 Generated N 5.94 Premium N 2,451.75 Generated N 94.30 Activity N 2,451.75 Generated N 5.94 Premium N . 2,451.75 Generated N 264.04 Activity N 2,451.75 Generated N 5.94 Premium N 2,451.75 Generated N 456.14 Generated N 1,995.61 Generated N 5.94 Premium N 63.44 Activity N 2,451.75 Generated N 245.18 Generated N 132.02 Activity N 2,206.57 Generated N 60,089.45 Page: 2 (continued) ....- --. MUNICIPAL COURTS, JUDICIAL INDEPENDENCE AND THE BOARD FOR JUDICIAL ADMINISTRATION By the Honorable Robert B.C McSeveney In his concurring opinion in Discipline of Hammermaster, 139 Wn.2d 211, 249 (1999), Justice Talmadge penned the following tersely worded warning towards municipal court judges and municipalities in Washington: ...1 write separately to emphasize my views on the operation of some courts of lirnited jurisdiction in the state of Washington. Justice Madsen appropriately notes in the majority OpInlOn that concerns have arisen regarding the independence of courts of limited jurisdiction, particularly municipal courts, in our state. Indeed in this case, involvement of the City executive authorities in the developrnent of Judge Hammermaster's "rules" creates concerns over separation of powers and judicial independence. Our opinion today conveys a very strong message to the judiciary and local governments in Washington that the Supreme Court will not tolerate short cuts in due process. While rnany rnunicipalities have established municipal courts because they want to adrninister justice locally, it is also true many jurisdictions establish municipal courts for purely avaricious reasons-as revenue agencies to be operated if they "make money" and be dispensed with if they become inconvenient to administer or generate insufficient revenues.. .Sorne local jurisdictions have even attempted to control performance of duties by municipal court judges through devices such as performance audits, the provision of substandard court facilities, or nonjudicial control of court personnel. Occasionally, in some jurisdictions, when the judge has been too independent, and has refused to generate sufficient revenue for t~e rnunicipality, the city's legislative or executive authorities have forced the ouster of the judge. ~ The Washington Supreme Court has inherent authority to supervise the adrninistration of justice in the lower courts... We must not condone any derogation of the independence of the judicial branch of government by officials intent on revenue collection; we should not permit our courts to degenerate into collection agencies for local government at the expense of due process oflaw. This article is about the current state of municipal courts in Washington and will attempt to address why there is cause for concern about the independence of such courts, what is being done about it, and the new role of the Board for Judicial Administration (BJA) to ensure that courts of lirnited jurisdiction remain distinct and independent. Judges have a legal and ethical obligation to administer justice according to law, without fear or favor, and without regard to the wishes or policy of the executive or legislative branch of government. Independence of any kind can be perceived as a threat by the other branches of government; however, such considerations are overridden by the demands of justice and our country's ideals, in which the judiciary in all areas of responsibility are independent of the other government branches. The independence of the judiciary from the other branches of government is indispensable if there is to be public confidence in the administration of justice. Background: There are currently 220 judges of courts of limited jurisdiction in Washington. There are 85 full-time elected district court judges and 28 part-time. There are 20 full-time elected municipal court judges and 86 part-time. These judges hear thousands of cases daily and are the "front-line" courts where the general public encounters and develops irnpressions and opinions on justice and the court system in this state. Audits show that these judges are for the most part, well trained and adept at processing and administering high volurnes of filings and are able to dispose of cases expeditiously and as efficiently as possible given budget, space, staffing and other constraints. The public and the bar have every reason to have confidence in these judges and the quality of justice being dispensed by courts of limited jurisdiction.. Overview of Municipal Court Law in Washington: Municipalities are agents of the state and responsible for the regulation and adrninistration of the local and internal affairs of the incorporated city, town or district. Lauterbach v. Centralia, 49 Wn.2d 550, 554 (1956). They have been invested with extensive power to enact police power regulations, and to that end must exercise power and control over internal operations to effect executive policy. But, rnunicipalities have no authority over rnatters of judicial practice and procedure or court administration. OR 29, Spokane v. J-R Distributing, 90 Wn.2d 722, 726 (1998). Municipal court law has been well established in Washington. The Washington Constitution delegates to the legislature the sole authority to create inferior courts and prescribe their jurisdiction and powers. (Article IV, section I) Id. The constitution also bestows on the legislature the sole authority to determine the qualifications of district and municipal court judges and the criteria for their rernoval. Young v. Konz, 91 Wn.2d 532 (1979); Municipal Court v. Beighle, 96 Wn.2d 753, 756 (1982). The Court lmprovernent Act of 1984 governs courts of limited jurisdiction and is an example of the legislature's exercise of its constitutional directive, vesting judicial power with district and municipal courts in an effort to provide an integrated and consistent trial court system in Washington. In Re Eng, 113 Wn.2d 178 (1989). Prior to the Court Improvement Act, judges were known as either <1ustices of the peace" or "police court judges". The purpose of the Court Improvement Act was to 2 reorganize the "inferior" courts of Washington in an effort to eliminate confusion over police court judges and justices of the peace, allowing such courts to operate in a more effective and efficient manner. RCW 3.50.005. The Act converted "justices of the peace" and "police courts" into the current district and rnunicipal court system, which now provides for two types of judges, "rnunicipal court judges" and "district court judges". In Re Eng, supra, pp. 185-186. Judicial Independence and Separation of Powers: There are generally two categories of judicial independence. The first, decisional independence pertains to ajudge's ability to render decisions free from political or popular influence based solely upon the individual facts and applicable law. The second, institutional independence, involves the separation of the judicial branch from the executive and legislative branches of the government. For courts to effectively maintain their independence as a separate branch of local government, they must have the power to do all things that are reasonably necessary for the proper administration of their office within the scope of their jurisdiction. Zylstra v. Piva, 85 Wn.2d 743, 754 (1975). This includes the power to control decision making, the adjudicatory process and ancillary functions subordinate to the decision rnaking process. Id at 755. As stated: It is simply impossible for a judge to do nothing but judge~ a legislator to do nothing but legislate; a governor to do nothing but execute the laws. The proper exercise of each of these three great powers of government necessarily includes some ancillary inherent capacity to do things, which are normally done by the other departrnents. Thus, both the legislative department and the judicial department have certain housekeeping chores which are prerequisite to the exercise of legislative and judicial power. And, to accomplish these housekeeping chores both departments have inherently a measure of administrative authority not unlike that prirnarily and exclusively vested in the executive department. The inherent power of the judiciary is a judicial power, but only in the sense that it is a natural necessary concomitant to the judicial power. The inherent power of the Court is non-ad judicatory. It does not deal with justiciable matters. It relates to the administration of the business of the Court. Wayne Circuit Judges v. Wayne County, 383 Mich. 10,20-21, 172 N.W.2d 436 (1969), modified on other grounds, 386 Mich. 1,190 N.W. 2d 228 (1971). As cited in Zylstra, ld. at 755. 3 By implication then, the constitutional prOVISIOns in Washington vesting judicial power in the courts carry with them the authority necessary to the exercise of that power, including rule making and judicial adrninistration. fd. at 755. It is sometimes possible to have an overlap of responsibility in governing the administrative aspects of court-related functions. "The branches of government need not be hermetically sealed off frorn one another; rather they must rernain partially intertwined if for no o.ther reason than to maintain an effective system of checks and balances, as well as an effective government." In Re Juvenile Director, supra at 239-240. The separation of powers doctrine then, allows for some interplay between the branches of government. Spokane County v. State, 136 W n.2d 663, 672 (1998). However, the spirit of reciprocity and interdependence requires that if checks by one branch undermine the operation of another branch or undermine the rule of law, which all branches are committed to rnaintain, those checks are improper and destructive exercises' ofthe authority. In Re Juvenile Director, 87 Wn.2d 232, 243 (1976). Thus, the purpose of the separation of powers doctrine is "to preserve the efficient and expeditious adrninistration of Justice and protect it from being impaired or destroyed." Comrnonwealth ex rei Carroll v. Tate, 442 Pa. 45, 53 (1971) cert. denied 402 U.S, 974 (1971), as cited in In Re Juvenile Director, 87 Wn.2d 232,245 (1976). The test to determine whether a separation of powers violation has occurred is whether the activity of one branch threatens the independence or integrity or invades the prerogatives of another. Zylstra v. Pi va, 85 Wn.2d 743, 750 (1975). If it does, then the damage caused by a separation of powers violation accrues directly to the branch invaded. Commodity Futures Trading Cornrn'n. v. Schur, 478 U.S. 833, 851 (1986), as cited in Carrie v. Locke, 125 Wn.2d 129,136 (1994). Supreme Court Rules: The case of The Washington State Bar Association v. State of Washington, 125 Wn.2d 90 I (1995), illustrates a separation of powers violation and the rule rnaking authority inherent in the Supreme Court. In that case, the legislature had passed a statute rnaking collective bargaining mandatory for bar association employees. The statute directly conflicted with court rule OR 12, which gave the Bar Association discretion as to whether or not to bargain collectively with its ernployees. In striking down the statute, the Supreme Court held "legislation which directly and unavoidably conflicts with a rule of court goverrung Bar Association powers and responsibilities is unconstitutional as it violates the separation of powers doctrine: Such legislation is therefore void." [d. at 906. The court stated further: The ultimate power to regulate court-related functions including the administration of Bar Associations, belongs exclusively to this court - . . when a court rule and statute contlict . . . if they cannot be harmonized, the 4 court rule will prevail and. . . once this court has adopted a rule concerning a matter related to the exercise of its inherent power to control the bar, the Legislature may not therefore reverse or override the court's rule. ld at 909. Current Issues: Regrettably, there is an on-going dark side to sorne rnunicipal court operations in this state centering on the dilemma of which official is responsible to adrninister the court and the extent of the authority of the presiding judge. In many municipalities, it is all too cornmon for the local judge to be considered a "department head" or worse, merely an "ernployee" of the court, void of any independent authority beyond the policies, procedures and dictates of the local government or a personal service contract. Courts are also derneaned by being labeled a "department" or "office" of the city subject to the policies of the executive or legislative branch of the municipality. This conduct persists in courts of limited jurisdiction despite court rules, cases and statutes to the contrary. Aware of these and other issues, in January 1995, Chief Justice Barbara Ourharn of the Washington State Supreme Court commissioned a comprehensive survey of the policies, procedures and facilities of the state's district and municipal courts. (Courts of Limited Jurisdiction Assessment Survey Report 1995-1997, by Larry and Carol Wilson) The purpose of the Wilson Report was to audit the standards, practices, and procedures in place in these courts. The Wilsons conducted this survey by interviewing all of the limited jurisdiction judges in the state and touring each court. Addressing issues of separation of powers, the Wilson report concluded, "In our opinion, a totally independent trial court under the leadership of the State Supreme Court is absolutely necessary. An independent trial court will not survive unless the politically expedient tactics of the past are discontinued." ld at 165. The Walsh Commission Report also identified similar problems and reinforced the need for judicial accountability and judicial independence in Washington courts. ("The People Shall Judge: Restoring Citizen Control to Judicial Selection, Walsh Commission Report, March 1996). In 1999, the King County Bar Association held a Bench Bar Conference addressing the issues surrounding the problem of independence in the courts of limited jurisdiction. Cited examples of abuse identified by the Judiciary and Courts Committee included: Pressure being brought on judges not to impose jail sentences because of the cost to the rnunicipality; reprimand, coercion, and firing or non-renewal of contracts by the municipality for "non-cooperative" judges; "score cards" being kept on whether judges dismissed too many cases; sirnilar traffic offenses committed a few miles apart with the fine being substantially different as an obvious moneymaking effort on the part of the 5 higher fine jurisdiction; a disrespect for the independence of the judge who did not comply with the perceived goals of the executive or legislative branches of the municipality or county; and conduct appearing to show an absence of independence such as police personnel having free access into non-public court spaces. (King County Bar Association, A Report by the Judiciary and Courts Cornmittee, 1991. ) The King County Bar study concluded "the problern of judicial independence for judges of courts of limited jurisdiction, and in particular municipal courts, is a significant problern that bears close scrutiny by the Supreme Court." The District and Municipal Judges Association (DMCJA) had been fielding separation of powers and judicial independence issues for years and responded by creating a judicial independence committee that documented the abuses. The DMCJA ultimately proposed to the Supreme Court that it intervene by exercising its inherent authority to regulate the judiciary by court rule. In order for judges to carry out their legal and ethical duties adrninistering their respective courts, the Suprerne Court promulgated a court rule that both municipalities and judges could rely on to avoid conflicts and violations of judicial independence. Effective September I, 2000, ARLJ 5 was arnended to contain adrninistrative provisions setting forth the duties and authority of the presiding judge. I GR 29 and The New BJA (Board For Judicial Administration): In June of 2000, then-Chief Justice Guy recreated the Board for Judicial Administration (BJA) and turned it into a governing board for the state's judiciary, similar to a board of directors. Justice Guy believed the BJA should be representative of all judges in this state and should "speak with one voice" on all matters dealing with judicial adrninistration and court improvement. The mission of the BJA is to secure adequate funding, rnaintain the independence of the judicial branch, and preserve and improve the core business functions of the third branch of government, assuring access to justice. To date, the BJA has been extremely successful and responsible for irnplementing key changes in how judicial services are provided to the public. 2 Under the leadership of co-chairs, Chief Justice Gerry Alexander, and Kitsap county judge, James M. Riehl, the BJA was briefed on the plight of municipal court judges, and as a result, set about to implement a general rule applicable to all levels of courts setting forth the duties and responsibilities of the presiding judge. The BJA believed such a rule was critical, because it would delineate for all concerned the duties of the presiding judge. The new rule, GR 29, was passed by the Supreme Court and took effect April 30, 2002. Without question, GR 29 makes it clear that it is the presiding judge who administers the court, not executive branch officers. Further, the court administrator and staff work for the judge and the judge cannot delegate, nor can a municipal administration interfere and assign judicial functions elsewhere. GR 29(f)(1-5). 6 GR 29 provides that city or county government has authority over court employees limited to matters relating to "wages, or benefits directly relating to wages." J But GR 29 is a double-edged sword. First, it places significant responsibility and accountability on the presiding judge to ensure the court is managed correctly free from improper executive or legislative power and control. The Wilson Report noted, "The independence of the court depends on the independence of the judge." (Id at 7). Judges cannot acquiesce to separation of powers violations. If judges do not respect and value their own independence, no one else will. The Wilson report noted further; "Historically within the judiciary, judges in positions of responsibility have been so anxious to cooperate with their executive and legislative counterparts that judicial independence has been adversely affected." (Id at 6) Judges now must "step up to the plate" and administer their courts according to law and GR 29. If not, non-cornpliance may constitute a violation of the Code of Judicial Conduct. GR 29(h). Second, municipal and county governments are on notice as to which functions and duties are within the exclusive purview of the presiding judge. Judicial personal service contracts are still permissible, but: The personal service contract shall not contain provisions, which conflict with this rule, the Code Of Judicial Conduct or statutory judicial authority, or which would create an impropriety or the appearance of impropriety concerning the judge's activities. The employment contract should acknowledge the court is a part of an independent branch of government and that the judicial officer or court employees are bound to act in accordance with the provisions of the Code of Judicial Conduct and this rule. GR 29(k). (Also see State of Washington Judicial Ethics Rulings, Opinions 99-9 and 00- 17 on the propriety of judicial service contracts and delegation of judicial duties) Well in advance of GR 29's effective date, the DMCJA took the initiative in contacting the Association of Washington Cities to propose a joint educational component surrounding GR 29 beneficial to both organizations. In a letter dated November I, 2001, then-president ofthe DMCJA, Judge Christopher Culp wrote: I believe our organization's concerns are best addressed through an educational cornponent within each of our respective organizations involving on-going annual training and education. I would like to suggest that the A WC consider working with the DMCJA to develop some mutually beneficial educational programs for each of our respective memberships. If we can accomplish this, it will foster and generate respect and accountability among the branches of government that will ultimately benefit the community and promote public confidence in government and our judicial system." Unfortunately, to date, the A WC has expressed no interest in Judge Culp's proposal. 7 Ongoing Interference: Despite the Suprerne Court's rnandates in OR 29, the DMCJA continues to receive complaints and investigate requests for assistance from judges and court adrninistrators who continue to experience interference from prirnarily the executive branches of local government. Some post GR 29 examples include: 1. City ordinances and organizational charts that place the court administrator and staff under the direct supervision of the city operations director, finance director or other executive officer contrary to GR 29. 2. City ordinances that identify the court as a "department" or "office" of the city, which reports to city administration. In Washington, virtually all local municipal court statutes and personal service contracts contain provisions contrary to chapter 3.50 RCW, OR 29, and court case law. These built-in conflicts usually surface with respect to who hires, disciplines and fires court staff, to whorn the court administrator reports, and the administrative powers of the judge. These ordinances and policies persist despite notice to the contrary. 3. Collective bargaining agreements governing working conditions of court employees being negotiated and approved by the executive branch without the judge's input or approval. (GR 29(t)(5)(b). The commentary to GR 29 states: The trial courts must maintain control of the working conditions for their employees. For some courts this includes control over some wage-related benefits such as vacation time. While the executive branch maintains control of wage issues, the courts must assert their control in all other areas of employee relations. Also see Spokane County v. State, 136 Wn. 2d 663 (1998). Also; Zylstra v. Piva, 85 Wn.2d 743 (1975). 4. A budgeted and council-approved FTE court position being removed from the court and transferred to the city parks department over objection of the presiding judge. 5. A mayor telling the judge to cease recording court sessions because such recording "serves no purpose" and is a "potential liability." 6. A city executive, with the blessing of the city attorney, interfering with a court employee discipline/termination decision despite notice of GR 29 and the judge's prerogatives. 7. A city manager with the concurrence of the city attorney assigning all city bankruptcy filings and proceedings to a court clerk for processing over the judge's objection. 8 The BJA Court Independence Response Team (CIRT): In a further effort to deal with independence issues, the BJA has recently formed a committee called the Court Independence Response Tearn (CIRT) rnodeled after the Bench-Bar-Press Liaison Cornmittee (or Fire Brigade, as it is cornmonly called). CIRT will serve as a forum for discussion and resolution of issues that arise between a court and the local executive or legislative authority. This committee is currently in the process of being selected and organized and will consist of representatives from all levels of trial courts including court adrninistrators, representatives of cities, counties, city attorneys, the ACLU, attorney general's office, and others. As commissioned by the BJA, this committee will be both pro-active and reactive to separation of powers and other court related issues in our state courts. Although proposed rule ARLJ 7, on court certification/decertification is dead, the BJA and the Administrative Office for the Courts will monitor CIRT's progress and local government's adherence to GR 29 in their respective courts. It is hoped the CIRT committee will be educational and helpful to all concerned fostering mutual respect and cooperation arnong the branches of government. It is also possible that in sorne cases CIRT will be ineffective. If so, continued egregious violations could be documented through AOC performance audits resulting in published reports on the quality of due .process in that municipality. Counties and municipalities need to remember that the continued growth and success of local courts depends on a variety of state resources and expertise. For example, continued access to the Judicial Information System (DISCIS) and other resources might be jeopardized if due process is corn promised locally. Si2:nificance to the Bar The state bar has a compelling interest in the quality of justice at the local level given the foregoing discussion. Judges who are distracted or bogged down by administrative squabbles have no army to fight their battles and cannot effectively perform their job. Support from the bar is critical to assist in ensuring the integrity of access to justice. County and municipal lawyers rnust be reminded of their ethical obligations to uphold the courts and not engage in or turn the other cheek to violations of GR 29. In order to assist in maintaining the fair and- independent administration of justice, all lawyers should support and continue traditional efforts to defend judges and courts from unjust criticisrn and not engage in conduct that is prejudicial to the administration of justice. RPC 8.2 and (d)(f). RLD Ll(c), Government attorneys should be proactive and rnake diligent efforts to amend or repeal conflicting local ordinances or personal service contracts to make them confonn to state law and the express intent of the Supreme Court as set forth in GR 29. Such efforts would further promote an independent judiciary and elirninate significant potential conflicts between government branches. Timeless Concepts: 9 The judiciary should be respected no matter what level of court is involved. Attorney Leonard W. Schroeter has been a champion and a "point of light" on issues of judicial independence. He has written extensively about separation of powers violations both locally and nationally. In a recent conversation with Mr. Schroeter about GR 29 and the impetus behind the rule, he rernarked, "judicial independence is the mechanisrn by which the rule of law is perpetuated and it is the backbone of a free society." Another judge has commented; "Every judge, lawyer and government official should honor and respect the rule of law and the role and function of each branch of governrnent. Respecting and maintaining judicial independence does not involve an attitude of abrasive antagonism towards everyone in government. There is a great deal to be achieved through appropriate cooperation between the three anus of government. (The Role of the Judge and Becoming a Judge, speech by The Honorable Murray Gleeson AC, Chief Justice of Australia, August 16,1998, Sydney, Australia) Judges themselves must respect and value their own independence because the concept is timeless. This rings true for municipal courts and rnunicipalities alike. Mr. Schroeter has so as'tutely written: The people's courts in the large are courts of limited jurisdiction-the rnunicipal courts, the traffic courts, and srnall clairns courts. And each is a court with a robed judge there to dispense justice. And if that court is beholden in any way to anything but the fundarnental constitutional principals that protect individual rights frorn abuse of private or government power, there is no justice; there is no rneaningful access to the justice system. Each of us is the prey of privilege, wealth, and power, rather than the majesty of equal justice under law.4 I See http://www.mrsc.org/focus/arli5-rev.htm for additional history behind the rule. 2 See www.wsba.org/ed/message/20QO08.htm for a synopsis of the history of the BJA. 3 In courts of limited jurisdiction, the court administrator and staff are "at will" employees who are appointed by and serve at the pleasure of the court. RCW 3.50.080, Crossler v. Hille, 136 Wn. 2d 287 (1998). The Crossler case stresses the importance of the judge and staff being unrestricted to perfonn core judicial functions and points out the distinction between city/county employees being "for cause" employees and court employees who are "at wilL" The court held "County Commissioners have no authority to impose employment policies on a district court judge...County Commissioners cannot alter the employment status of a judge's employee from "at will" to "for cause" simply by issuing an employment policy handbook." ld at 294. The court further noted that the clerk's employment was "governmental" because the position required "supervisory control" by the judge, and the judge retained the power of removal. 4 KCBA Attacks the Erosion of Judicial Independence, Article for King County Bar News, October 12,1999. 10