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
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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
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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
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,.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
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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
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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.
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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.
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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
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