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HomeMy WebLinkAbout11-28-1995CITY OF AUBURN COUNCIL MEETING MINUTES of the November 20, 1995 meeting that recessed to November 28, 1995 at 5:00 p.m. Mayor Charles A. Booth reconvened the meeting at 5:00 p.m. for the purpose of discussing the position of Municipal Court Judge. Those in attendance included Mayor Booth and the following Councilmembers: Pat Burns, Rich Wagner, Virginia Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don Kurle. Staff members present included: Police Captain Bill Pitzl, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Court Administrator Bob Rittenhouse, Parks and Recreation Director Len Chapman, Assistant Finance Director Arlene Mempa, Public Works Director Frank Currie, Planning and Community Development Director Paul Krauss, City Attorney Michael Reynolds, Assistant City Attorney Judy Ausman, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. I. CALL TO ORDER C. Announcements and Appointments 2. Appointments b) Municipal Court Jud,qe A1.4.1, A4.5.2 City Attorney Reynolds stated that one of the actions taken by the City Council on November 20, 1995, was to direct staff to draft an ordinance which would provide for the appointment of Municipal Court Judge for a period of one year, the election of a judge in the fall of 1996 to take office January 1, 1997, and the election of a judge in the fall of 1997 to take office January 1, 1998 for a four year term. City Attorney Reynolds stated the Page1 City of Auburn Council Meeting Minutes November 28, 1995 direction to staff cannot be accommodated because the provisions for elected municipal court judges provide that an elected municipal court judge shall be elected in the same manner as an official of the City. There is no election in 1996 for any City official. City Attorney Reynolds stated the second issue is the concept of whether the utilization of the Aukeen District Court bench would result in the Auburn Municipal Court becoming a division of Aukeen District Court and unable to leave the Aukeen District Court for a period of ten years. City Attorney Reynolds stated the authority to appoint the District Court bench is under RCW Chapter 3.50, which is the Municipal Court chapter, and not RCW Chapter 3.46, which is the District Court chapter. City Attorney Reynolds advised that he contacted the Municipal Research and Services Center, and their senior legal consultant, Pat Mason, issued an opinion on the appointment of the Aukeen District Court bench to serve on a rotating basis as a municipal court judge for the City. It is Mr. Mason's opinion that the appointment will not constitute a termination of the municipal court so as to trigger the ten year waiting period provided in RCW 3.50.810. It is Mr. Mason's further opinion that the appointment of Aukeen District Court judges serving as municipal court judges for the City of Auburn and the election of a full-time municipal court judge in 1997 for a term beginning January 1, 1998, is feasible. City Attorney Reynolds stated that he contacted Aukeen District Court Judge Jim Cayce this afternoon, and Judge Cayce stated he has reviewed the matter and agrees that the appointment of the Aukeen District Court bench as municipal court judge will not result in the termination of the Auburn Municipal Page 2 City of Auburn Council Meeting Minutes November 28, '1995 Court and thereby subject to a ten year waiting period. Councilmember Burns recalled that on November 20, 1995, a motion was passed to direct the City Attorney to draft an ordinance that makes the position of Municipal Court Judge elective in the next fall election for a period of one year and elective in the following fall. Councilmember Burns moved to amend his motion to direct the City Attorney to return to the City Council with an ordinance which makes the Auburn Municipal Court Judge position an elective position with the first election to be called two years from now. Councilmember Barber seconded the motion. Councilmember Burns clarified the intent of his motion to be the Auburn Municipal Court Judge position will become an elective position and that the first election is two years from now. Councilmember Brothers asked if the City Council will be voting on Ordinance No. 4809 as amended. City Attorney Reynolds explained that Ordinance No. 4809 provides for the correct term sequencing for the judge's position, and Councilmember Burns' motion can be accomplished by a separate ordinance to make the position an elective position. Councilmember Burns stated his motion is to make the position elective two years from now regardless of the number of hours worked by the Municipal Court Judge, and his motion does not affect Ordinance No. 4809. MOTION CARRIED UNANIMOUSLY. 7-0. City Attorney Reynolds stated Ordinance No. 4809 has not yet been acted on by the City Council. He explained that Ordinance No. 4809 changes the sequence of the term of the Page 3 i r= ,.City of Auburn Council Meetin,q Minutes November 28, !995 Municipal Court Judge beginning with a short two-year term in order to be consistent with the State's sequencing. The ordinance also provides for the option to appoint the Aukeen District Court as municipal court judge. City Attorney Reynolds stressed that Ordinance No. 4809 provides that the judges of the Aukeen District Court may be appointed as the City's municipal court judge. City Attorney Reynolds stated the City Council must pass Ordinance No. 4809 before the appointment of municipal court judge is made, because the ordinance sets the correct term sequencing for the appointment. Councilmember Brothers suggested addressing the element of the ordinance which deals with the judicial term interval, and not the appointment of the position. Motion by Councilmember Brothers to direct the City Attorney to create an ordinance that would change the judicial term interval to implement a two year appointment, and that subsequently terms for the duly elected judge. Councilmember Burns seconded the motion. Councilmember Kurle stated Ordinance No. 4809 would accomplish Councilmember Brothers' motion, and would also give the City Council flexibility in their Executive Session discussion of the appointment. Councilmember Brothers responded that he believes the City Council retains the flexibility in its discussion in Executive Session. Councilmember Wagner questioned the need for the reference to judges of the Aukeen District Court in Ordinance No. 4809 because the ordinance already contains the requirement that the municipal court judge must be a citizen of the United States and Page 4 City of Auburn Council Meetinq Minutes November 28, 1995 admitted to practice law in the state of Washington. City Attorney Reynolds stated the City could probably appoint the judges of the Aukeen District Court without the language in the ordinance, but the language is suggested because the state statute has phraseology specifically dealing with the appointment of the district court judges. He added that because the existing ordinance contains the state statute language of the citizenry and state bar association requirement, it would be beneficial to be consistent and include the district court language. Councilmember Borden stated Ordinance No. 4809 gives the City Council the maximum flexibility. Councilmember Brothers stated he believes it is not necessary that the requirements that the judge is a citizen, admitted to the bar, and may be a district court judge be included in the ordinance as these requirements are already contained in the state statute. Councilmember Brothers moved to amend his motion to include language that states the judge must be a citizen, a member of the bar, but not necessarily be a sitting judge of the district court. The motion failed for lack of a second. MOTION CARRIED. 4-3. Councilmembers Barber, Borden and Wagner voted no. City Attorney Reynolds explained that the preceding motion by Councilmember Brothers, passed by the Council, is Ordinance No. 4809 without the language addressing the judges of the Aukeen District Court. City Attorney Reynolds pointed out that if the City Council addresses the appointment of municipal court Page 5 City of Auburn Council Meetin.q Minutes November 28, 1995 judge this evening, it does so under the existing Auburn City Code and without first correcting the term sequencing. City Attorney Reynolds suggested the City Council amend Ordinance No. 4809 to eliminate the sentence regarding the judges of the Aukeen District Court. Motion by Councilmember Wagner to approve Ordinance No. 4809 with the deletion of the phrase "The judges of Aukeen District Court may be appointed as City's municipal court judge." Councilmember Barber seconded the motion. Councilmember Wagner amended his motion to include the rescission of the previous direction to the City Attorney to draft an ordinance setting the sequencing of the judge appointment because that sequencing is outlined in Ordinance No. 4809, page 4. Councilmember Barber accepted the amendment to the motion. City Attorney Reynolds stated the title of the ordinance also needs to be amended to strike the words "providing for the authority to appoint a district judge or judges as Municipal Court Judge". Councilmember Wagner amended his motion to include the deletion of all references to district judges in the title of Ordinance No. 4809. Councilmember Barber accepted the amendment to the motion. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Burns, second by Councilmember Brothers to rescind the motion adopted by the City Council as introduced by Councilmember Brothers. Page 6 City of Auburn Council Meeting Minutes November 28, 1995 MOTION CARRIED UNANIMOUSLY. 7-0. In response to a question from Councilmember Brothers, City Attorney Reynolds explained that the Mayor has the option to either re- appoint Judge Duncan Bonjorni, make an appointment utilizing the recent selection process, appoint the bench of the District Court, or appoint anyone who is a citizen and a member of the Washington State Bar. Mayor Booth recessed the regular meeting to Executive Session at 5:47 p.m. in order to discuss the appointment of Municipal Court Judge. Mayor Booth reconvened the regular meeting at 6:49 p.m. Mayor Booth recommended the appointment of Judge Jim Cayce as Municipal Court Judge. Motion by Councilmember Borden, second by Councilmember Wagner to confirm the appointment of Judge Cayce as Municipal Court Judge. MOTION FAILED. 3-4. Councilmembers Burns, Haugen, Barber, and Brothers voted no. Motion by Councilmember Haugen, second by Councilmember Burns to continue the meeting to November 29, 1995 at 5:00 p.m. MOTION CARRIED. 5-2. Councilmembers Borden and Brothers voted no. Page 7 City of Auburn Council Meetin.q Minutes November 28, 1995 Mayor Booth recessed the regular meeting at 6:59 p.m. to meet again at 5:00 p.m., Wednesday, November 29, 1995. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 95Mll-28 Page 8