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Council PKT 08-03-2010 SpecialCITY OF � Federal Way AGENDA FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall August 3, 2010 5:30 pm www, cityoffederal wa y. com 1. CALL MEETING TO ORDER 2. CHANGE OF GOVERNMENT FW RC: Court Budget 3. COMMISSION INTERVIEWS (5:45 pm) Youth Commission 4. EXECUTIVE SESSION • Property Acquisition pursuant to RCW 42.30.110(1)(c) • Sale of Property pursuant to RCW 42.30.110(c) F�1�1�L�1�J:Z►J The Council may add items and take action on items not listed on the agenda. COiTNCIL MEETING DATE: Special Meeting August 3, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: UPDATE THE FEDERAL WAY REVISED CODE TO REFLECT CHANGE OF GOVERNMENT CONCERNING THE MUNICIPAL COURT'S BUDGET POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED LANGUAGE CONCERNING THE MUNICIPAL COURT'S BUDGET BUDGETARY INFORMATION FOR THE MAYOR'S CONSIDERATION? COMMITTEE: NA CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Patricia Richardson Attachments: Staff report ❑ Ordinance ❑ Resolution MEETING DATE: ❑ Public Hearing � Other DEPT: Law Options Considered: 1. Direct the City Attorney to modify the Federal Way Revised Code concerning the Municipal Court's budget at presented. 2. Direct the City Attorney to modify the Federal Way Revised Code concerning the Municipal Court's budget as discussed. STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: �� �vvvr�,�+/ DIRECTOR APPROVAL: �_ �I� Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # �i . a1 � i ! � CITY ATTORNEY'S OFFICE MEMORANDUM DATE: JULY 26, 2010 TO: COUNCIL MEMBERS CC: BRIAN WILSON, CITY MANAGER/POLICE CHIEF FROM: PATRICIA RICIIARDSON, CITY ATTORNEY �n SUBJECT: BUDGET PRESENTATION FOR MUNCIPAL COURT — UPDATE THE FEDERAL WAY REVISED CODE At the July 20, 2010 the Ciry Attorney presented certain provisions in the Federal Way Revised Code ("Code'� that needed to be updated to reflect the change of government. The one substanrive provision that remains concerns the interacrion of the Municipal Court and the elected mayor for the budget. Council raised an issue regatding the entire budget presentation as to the involvement of other departments, and whether depart�nent directors would be available to answer quesrions. Council directed the City Attorney to inquire about the process employed by other ciries in a Mayor-Council form of government. Several jurisdictions responded as shown in the attached outline. There were also responses from attorneys that represent multiple unidentified ciries. Those attorneys noted that while the position actually presenting the budget to city council may vary, all departrnent directors were at least present to answer questions from city council. SPECIFIC CODE PROVISION The one last Code provision for Council to address is set forth as follows: 2.29.070 — the judicial branch is responsible under court rules for the preparation of the court's budget, but the executive branch (Mayor) is responsible under State law for the preparation and recommendarion of the city budget, which includes the court. In an effort to reconcile the two provisions, below is the proposed modification: Court operation. As part of any budgetaY�resentarion, the Presiding�ud�e and/or designee will �rovide the Ma�or and/or designee a suggested budget for the court as �art of the budgeting �rocess. The Mayor and/or designee will consider the court's suggested budget as �art of the Ma�or's budget recommendarion to the city council. The budget for the municipal court shall be approved by the city council. All employees of the municipal court shall, for all purposes, be deemed employees of the city. They shall be subject to applicable provisions of city personnel guidelines, and state laws, such as RCW 3.50.080. Direction to City Attorney Add the proposed language Modify the proposed language. K:\an\electedmayor\staffrpt\ follow-up\7-20 2 BUDGET PRESENTATION MAYOR-COUNCIL FORM OF GOVERNMENT Department present budget to council 1. Spokane 2. Pullman 3. Oak Harbor 4. Port Orchard Department available at budget hearings to answer council questions l. Everett 2. Burlington 3. Kent