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2005, 03-22 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Tuesday, March 22, 2005 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 63rd meeting Attendance: Diana Wilhite, Mayor Rich Munson, Deputy Mayor Gary Schimmels, Councilmember Mike Flanigan, Councilmember Mike DeVleming, Councilmember Dick Denenny, Councilmember Steve Taylor, Councilmember Dave Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Marina Sukup, Community Development Director Mike Jackson, Parks and Recreation Director Cal Walker, Police Chief Tom Scholtens, Building Official Greg "Bing" Bingaman, IT Specialist Sue Pearson, Deputy City Clerk INVOCATION: Mayor Wilhite gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: Deputy City Clerk Pearson called the roll. All Councilmembers were present. APPROVAL OF AGENDA: City Manager Mercier requested that Item #3 be taken off the agenda. Mayor Wilhite requested that a Mayoral Appointment Confirmation be added to the agenda as 6A. It was moved by Councilmember DeVleming, seconded by Councilmember Flanigan, and unanimously agreed upon to approve the amended agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Schimmels: reported that he attended the Spokane Regional Transportation Council meeting where the City received the approval for three construction and one sidewalk project. The projects are to concrete Dishman -Mica Road between Appleway Avenue and Sprague Avenue, to concrete Barker Road and Mission Avenue intersection, and the Pines Road - Mansfield Avenue project. The sidewalk project is on Mission Avenue from Argonne Road to Pines Road. The City will receive approximately $1,000,000 for the four projects. Councilmember Taylor: mentioned that he was part of the interview committee for the Director of the Convention and Visitor's Bureau. The Chamber has started a comprehensive plan work study group that Councilmember Taylor attended. The CDBG, Community Development Block Grant, group had a committee meeting to decide on what projects to fund. Montgomery Drive from University Road to Pines Road and the comprehensive plan were funded. Deputy Mayor Munson: mentioned that he attended the NLC, National League of Cities meeting in Washington DC last week. He, Councilmember Taylor, and Mayor Wilhite gathered information about the new transportation bill; Bridging the Valley funding; Light Rail funding; the moving of CDBG, Council Meeting: 03 -22 -05 Page 1 of 6 Approved by Council: 04 -12 -05 Community Development Block Grants, from Housing and Urban Development, to the Department of Commerce; and Environmental Projection Agency, about the wastewater issues in our region. Councilmember Flanigan: mentioned that he met with Peggy Doering, ValleyFest Coordinator, and she informed him that a tour bus group will be adding ValleyFest to their tours. She also announced that she has funding from Comcast and the local hoteliers. Councilmember DeVleming: stated that the Student Advisory Council will be accepting applications for the 2005 -2006 Council. He attended the Edgecliff SCOPE Pancake Breakfast and helped judge the Miss Spokane Valley Ambassador contest. Councilmember Denenny: mentioned that STA will be hiring a consultant to do a study on the Plaza which will include current and highest uses. The STA will be going out for a Request for Qualifications for a compensation consultant; a CEO Taskforce for STA met and is starting to decide on which candidates to interview for the vacant position; STA Board met and bus route changes for Spokane Valley have been approved; STA Citizen's Board has been established. Washington State Department of Ecology, Use Analysis work group met to set up work groups. MAYOR'S REPORT: Mayor Wilhite reported that she went to the NLC meeting in Washington DC. Deputy City Manager Regor and Mayor Wilhite met with Washington State's Senators and Representatives about EPA and the wastewater treatment facility permit. Mayor Wilhite attended many NLC workshops. She helped judge the Miss Spokane Valley Ambassador contest and attended the Edgecliff SCOPE Pancake Breakfast. Mayor Wilhite was contacted about the Sister City program at the Japanese- American Luncheon. PUBLIC COMMENTS Mayor Wilhite explained that public comments are for members of the Public to speak to the Council regarding matters not on the agenda. She invited public comment. Nancy Nishimura, 15103 E Valleyway Avenue: spoke about the nuisance code amendment ordinance that was removed from the agenda. She would like to see the City Council adopt this ordinance and take a strong stance on perpetual garage sales. She explained how her neighbor's yard and house look. She provided written testimony and pictures for the City Council. Carol Holdren, 15211 E Valleyway Avenue: explained that she and her husband have tried to befriend the owner of the perpetual garage sale to help dispose of the items. He has refused any help saying that he will sell all the stuff that is stacked in his yard. She is very concerned about how this is devaluing her home and property. Jeff Hastings, 15115 E Valleyway Avenue: said the address he stated is his mother's address and he was speaking on her behalf. He indicated that his family has lived in the neighborhood for the last forty years. The neighbors are friendly and help each other out. Many have approached the owner of the perpetual garage sale and he won't accept help. Garage sales are a good thing but this homeowner has abused the intent of them. Please help the neighborhood by passing the nuisance ordinance changes. Vicky Kessler, 202 N Skipworth Road: said that she received a violation notice for her rental property six months ago. She took it seriously and her renters cleaned up the property. A $500 fine was avoided. She has friends that live next to the owner of the perpetual yard sale that has been going on for almost a year. She wants to know if the violation notices are given in a timely manner and if the notices are enforced. Mayor Wilhite informed her that staff would get back to her with answers to her questions. Council Meeting: 03 -22 -05 Page 2 of 6 Approved by Council: 04 -12 -05 VOUCHER LIST DATE VOUCHER Number(s) TOTAL VOUCHER AMOUNT 03 -04 -05 6392 -6435 74,284.60 03 -11 -05 6436 -6479 1,502,686.76 GRAND TOTAL 1,576,971.36 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. (Note: Council may entertain a motion to waive reading and approve Consent Agenda.) a. Approval of Regular Council Meeting Minutes of March 8, 2005 b. Approval of Payroll of March 15, 2005 of $108,192.63 c. Approval of the Following Vouchers: NEW BUSINESS: It was moved by Councilmember DeVleming and seconded by Deputy Mayor Munson to waive reading and approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Second Reading Proposed Ordinance 05 -012, Street Vacation Amendment — Marina Sukup After Deputy City Clerk Pearson read the ordinance title, it was moved by Deputy Mayor Munson and seconded by Councilmember Denenny to adopt Ordinance 05 -012. Director Sukup explained the amendments to the street vacation ordinance. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Second Reading Proposed Nuisance Code Amendment, Ordinance 05 -014 — Cary Driskell This agenda item was removed from consideration. 4. Second Reading Proposed Ordinance 05 -015 Renumbering Uniform Development Code — Marina Sukup After Deputy City Clerk Pearson read the ordinance title, it was moved by Councilmember Flanigan and seconded by Deputy Mayor Munson to adopt Ordinance 05 -015. Director Sukup gave an overview of the ordinance. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Reading Proposed Pawn Broker Ordinance 05 -017 — Cal Walker /Cary Driskell After Deputy City Clerk Pearson read the ordinance title, it was moved by Councilmember Taylor and seconded by Councilmember Denenny to advance Ordinance 05 -017 to a second reading. Police Chief Walker stated that the police department and sheriff's office have a good working relationship with the local pawn brokers. He indicated this ordinance will require the pawn brokers to electronically report all items through the sheriff's website. This will reduce staff time inputting the information into the computers from paper forms. There is a requirement for the information to be maintained for three years. There was discussion on whether this meant in electronic format or in paper form. The last requirement is to be able to produce the records on request from the police department. Police Chief Walker indicated that there would be a grace period to allow for education on the required procedures. He suggested another requirement of taking pictures of the person when they pawn items. There was discussion about stolen items and tracing them with the information provided by the pawn shops, about how the information can be input into the sheriff's website, about copying identification to prove the identity of Council Meeting: 03 -22 -05 Page 3 of 6 Approved by Council: 04 -12 -05 the person selling the items, and whether to require the picture of the person pawning the items. Mayor Wilhite invited public comment. Larry Karlson, 7915 S Plymouth Road: stated he was the area representative of the Washington State Pawnbrokers' Association. He said that he and Police Chief Walker discussed the concerns the Association has with the ordinance for maintaining a permanent computerized record which would indicate the pawn shop owner would be required to own a computer, and also in requiring a picture of the person pawning items; that requiring the picture is burdensome considering only 1/10 of 1% of all items are stolen; and that the group felt the ordinance was helpful and they are in favor of the ordinance once the two issues are resolved. Robert Blum, 12722 E 17th Avenue: stated he thought the electronic reporting was a good idea. He did have a problem with the picture identification. There was more Council Discussion. Vote by acclamation to advance Ordinance 05 -017 to a second reading: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Confirmation: Mayoral Appointment: 911 Board — Mayor Wilhite Mayor Wilhite requested Councilmember DeVleming be approved for the 911 Board. It was moved by Councilmember Denenny and seconded by Councilmember Flanigan to confirm the appointment of Councilmember DeVleming to the 911 Board as the Spokane Valley representative. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6A. Motion Confirmation: Mayoral Appointment: Spokane Housing Authority Board — Mayor Wilhite Mayor Wilhite informed Council that Spokane Housing Authority Director Dianne Quast recommended Judy Butler to represent the City of Spokane Valley on the Board of Commissioners. Mayor Wilhite explained who Judy Butler was and what civic positions she has held. It was moved by Deputy Mayor Munson and seconded by Councilmember Denenny to confirm the appointment of Judy Butler to the Spokane Housing Authority Board of Commissioners as a City of Spokane Valley representative. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Amendment to Existing City Hall Lease — Ken Thompson It was moved by Deputy Mayor Munson and seconded by Councilmember Denenny to authorize the City Manager to sign the amendment to the existing city hall lease. Finance Director Thompson summarized the changes to the Redwood Plaza lease. He mentioned there are two typographical errors in what was presented in the packet: page one, 3b, line 8, where the fifth year of twelve months should be $16.75 a square foot instead of $16.15 a square foot; and the second error is on page two, 3c, line 9, should read: "then TWENTY FOUR THOUSAND FOUR HUNDRED THIRTY -THREE AND 02/100 DOLLARS ($24,433.02) . . ." Finance Director Thompson explained that negotiations were continuing with the tenant of the office on the far side of Parks and Recreation. There was discussion about the additional parking, about the 2,300 square feet of storage, and costs. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS: No comments were offered. ADMINISTRATIVE REPORTS: [no public comment] 8. State of the Court Discussion — Judge Padden /Cary Driskell Deputy City Attorney Driskell introduced District Court Judge Mike Padden. Judge Mike Padden introduced the people from the Valley Court system that was there to present information on the State of Council Meeting: 03 -22 -05 Page 4 of 6 Approved by Council: 04 -12 -05 the Court: District Court Judge Annette Plese, District Court Judge Harvey Dunham, Clerk of the Court/Court Administrator Ron Miles, and Chief Probation Officer Karla NcNeilly. 9. Parks & Recreation MasterPlan Consultant Update — Mike Jackson Parks and Recreation Director Jackson introduced Moore Iacofano Goltsman, Inc (MIG, Inc) consultant Jerry Draggoo. Mr. Draggoo asked for direction on how to proceed on some issues that came up during the survey. The first issue is who is the plan for? Is it for the people today where there is adequate open space or is it for tomorrow when infill has filled in the open space? The second issue is what service level will meet the needs of the City. The standard is ten to fifteen acres per thousand people. Mr. Draggoo explained some of the different reasoning for different amounts of acres per thousand people. Right now, the City is at six acres per thousand people. The third issue is the location of the parks. Does Council want parks available to people within a one half mile radius of the park or one mile radius? Lots of neighborhoods don't have that service now. The cost of a neighborhood park is around $1,000,000. There was discussion ending with the recommendation for Director Jackson to bring a map to the next council meeting to show the location of the parks, schools, and churches. 10. Classification of Public Information Officer and Personnel Analyst Positions — Nina Regor Deputy City Manager Regor presented the information. There was discussion about whether the City needs a Human Resource Analyst. Then there was discussion about the job description of the Public Information Office including a customer service plan administrator component. City Manager Mercier recommended that the Public Information Office is not the correct place for an organization ombudsman. Deputy City Manager Regor will provide Council with job descriptions for review to discuss at the April 5, 2005 Study Session. Then this item can be placed on the April 12, 2005 Council agenda for consideration. It was moved by Deputy Mayor Munson and seconded by Mayor Wilhite to extend the Council Meeting until 9:15 pm. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 11. Community Values: Next Steps — Nina Regor The City Council gave its approval to remove this item from tonight's meeting to a future meeting. 12. Response to Attorney Request for Proposal — Dave Mercier /Nina Regor Deputy City Manager Regor explained the process of looking at the Request for Qualifications for a contract City Attorney (see Deputy City Manager Regor's memo on the bid results). There was discussion on whether to hire a contract City Attorney or full -time staff City Attorney. City Manager Mercier stated that a staff full -time City Attorney would provide avoidance to conflict of interest, establish public confidence because they concentrate only on City issues, no difficulty with managing time, not just a problem response but problem avoidance, and finally would be the best value of the City's dollars. The cost of a full -time staff City Attorney is budgeted at $135,000 which is a rate of $65 per hour. There was discussion. The Council directed staff to hire a full -time staff City Attorney. City Manager Mercier recommended hiring a search firm to locate City Attorney candidates. Council directed staff to find out the cost of hiring a search firm. 13. Outdoor Pool Operations — Mike Jackson Parks and Recreation Director Jackson stated that the YMCA was the only bid received for running the City pools. They will provide customer service, all revenues will come to the City, and there will be aquatic and Red Cross programs. The City will pay for the actual costs of the pools plus overhead of approximately $25,000. There will be a period of settle and adjust. Council asked whether the pool contract was budgeted. It was. Deputy Mayor Munson disclosed that he has served on boards with the YMCA Chief Financial Officer Rig Riggins. There was discussion about different parts of the bid; travel, Council Meeting: 03 -22 -05 Page 5 of 6 Approved by Council: 04 -12 -05 copies, and equipment. Council directed Parks and Recreation Director Jackson to move forward with the contract for the April 12, 2005 Council meeting. As there was no further business, it was moved by Councilmember Flanigan, seconded by Councilmember DeVleming, and unanimously agreed upon to adjourn. The meeting adjourned at 9:13 p.m. ATTEST: Sue Pearson, Deputy City Clerk c w_ 0._ W ztk,a9 Diana Wilhite, Mayor Council Meeting: 03 -22 -05 Page 6 of 6 Approved by Council: 04 -12 -05 An In1rudu iiun SPOKANE DISTRICT & MUNICIPAL COURT CRIMINAL. AND CRIMINAL TRAFFIC PROCEDURES URES ifs Pievamut by Sp J i IliAricUMunw[pal Court tiritib u Vtfltt111 C Curd na t c 1 11X) W 1nJIi n A SpiI nnc, WA 99260 Di irict Conn (5119)47=1 M�naar�pr�! C'awi f 509 625-14101 Q n'In S aunr C111111 ry aii d 11r~ CIO= nr- �`iput4anr, Spokane Valtr). Ubatrty Ls (1i mu1 and Lr Park 311[1 MIke Pad 'kn. P midla Ronald E. Mlles Cuurt Adndutstrilur OW) 4774463 151,191 r g—W49 0508 OUR PilLiSION rep jr.tre^ide timely, courteous unit reelmsional rirrr'c•r in an +fe tir'r crud nt rtt rt- rtrrinna "lo all 'how 4 :oming btjnre wir Courts. l minima or *aloud traflty litletere Burr tic a 441 0116e taint uyis:sting e i. We hope Chia pamphlet wilt he of help in wading 4iiu through the process and lake vine of the homer ' out of the rmeej- am We tithe mod to nulitupatc niI act. suNs your more Ilrqui:ltb 11AL! thttorticrrtn, 111 y+rit hour any widaletkel quo-adore", don't luniiiiite l: y %talfrltiknriber. ► I I:' I' SHOULD 1 WEAR AND HOW' SHOULD 1 ACT IN COURT? Sialoble audit 11 requitcd. Slocc mod fibiM are oee e !Willa torn. teatk tltlrs, and shorts ow nor pattiated lk • lu ale to he 'tenured 11 4,011 tullering the CnortrI►lNti',, Nu Raoktnit, food or drtiik will be nlit u Children oely be firm/AIL Ntl the Caurtroin 1101;4KGr, it 11)0 dirittni} the juncccliinei you mitt, he anti ticii to remora Mon The Cowl does In w itc childcare Mk a ztal't teerrrlx-s for oil. niwiittri Upon y'nir nri hat,: u +jai in the prrryzt courtroom wait tlx sot fart ctwi teliCk 141 your tame b eulltxt, good '.hxm you we trattect 13.E pulite, cvta'to iue atttl /cream "rankling iur 1 ixt tmeto.1 ik wino by the Judge WHAT 1.S AN ARRAIGNMENT? 111c tuawgiwient 19 p sryat lint nit!>4:arawtu sowl csri 11th eitat uri L sharp The Judge will nirarna you tnf iIw ►'Iwlrgc anal t::cliktrt il. Next it wilt be cc'tttiirmed ttirtt you twiirarraar,,l SI - RIar contain-atonal right4 as eiq at the beeirnun,e of the cuwl. *xlt,tJt ttrd litntlly the tiiatanuni plei+rl tir4tl rtutidatixn rniixa tirtuti it Liniatome I. i Q rt1t±., oil i->e ailed No lento rn» to iakcil 01 evit :1wpiveustlmi at the currtlpiuticrit. WHAT &RE MV CONSTITUTIONAL RIGHTS? All r''r,uaw naulNed of ii i, crime tir t;rtlttC ofresete Ilea i1ti1ltl te3iili in a j itYll rtry hair the f€tllusi,ing rijhrL 1, 1'o hale as lawyer lirrivei with you Fat nll hartriat0: To lunit a lama upprorn mow$ at pot cq ui if vtxi $:$1$11101 ,rtTord to hir l,ite der r rc -.crat !anti. 3- To nia rtti lawwer. 4. To al public eryJ spwily ltinrl. fir. To ctmri could= Licit' witnie`5rL mrtie iti i1411i *wed To cull whit+ irk 14s0' art 5.010 WOW. Sri Itise iJ►w Ceaui eiNtirci itteir act tlgrwe. 7- To iettify or no ttr tuirtil: }'- )'ouraell, lJ' yiitl eluxiAe nut to, Ito raw tan mat your teatif s To app I to 14alttaitx Court if you are convicted alter a txrt guilty plc.0 1ti tter inierrning you it itll tli r trtitltx at +'rru will be axtkai to the Jutlpe fu plcsid tt>1i;4 ur nut guilty La the charrrC- SHOULD 1 TALK TO A LAW' ER BEFORE ENTI:>Fl;l'NG A PLEA? to rrimiy sae= this is n good idea The Judge, a1 your t' +rlue,tt, will 4: otitittt the tier anent II you rt ir, plaal not guilty al blot milts, it i:t txyuated that re have yatu lliw'!, r Balk in a 1 all App 4tuure within *mu 1 day' D. you tivl to ;pair at oily ftelat ti you/ ttcnit! nr hail wilt be Ihrf'eitof aril he luhu, will ism= n t,r11411 WIUMW If 1 AM FINANCIALLY UNABLE TO HIRE A LAWYER HOW 130 1 QUALIFY FOR A PUBLIC DEFENDER? At the rft•ttiiauncili= rod-tone to the ludo that you arc tumble finnncitilt ' In hilt; t► lawyo' A lawyer will he aRieamitxi to ieirt-*cttt ou, A:tkctr cowl ?film Omit 'ip fur a Public t)ci'enukr lachniainco ob i it llrsw to tlra thin wilt be gown to '',on- You moat artliln r. 1t,t you] Appoitltincttr within Public l' ]loud IF PLEAD 2) rl Tut WHAT WI.L1. HAPPEN? If putt plead putty it it tm :$17.11 &Una die e:luutve and the tirritlaits to pruMe the- cherire fly pleurling guilty you w'arrle your t IrtitittiLii na1 r3 7b Nm1 ilt rn4h1t Citti t yt)1) vtifil he MCIllatreed r,gls4 uteri Hrraieili , y niv "peak an vow iehalf lit ~<ntatlein is JndRe will then ttIttniIV reViCW the police tapott, i:f mobile. and gttileixx lrtatt rn sotiv caw. ittc JItrl - ili Mkt ,Txt To It mama 11 1 officer o f a pre.aergellets dUdt a en= the 4eillenking will tie confirmed untii the prthttioti ttprwt real' W',IL4 I IIAPPLNS I F 1 PLEAD NOT GL.'Iil„TY , A akot plea 4k iitat 11tc Osage aid iinisc nt your tcltlllniiteitoal rizista. we walked anima }utt 4!pree l) %nia.h Iii dtt M4 Ymi are presumed ion co end 11x .peorieeution WW1 prove 4 guilt beyond J tr ieniaweibte doobt rat lu • tuestt tairrE "The are i irceing will be a plr lri<il confetti= Y arar.1 rig tow . it sv;u huts , ic, are royuiroii !h ire prlo IUuleRi vvttr cn3c li 4uutiarti $1, rit ttlirR conr'at a It jar) trial hate wt. Inforiitatiott about alt the older= ira die true and %inti i mane: Jar exchestgetl Ifni any ctrrgc ►tw hu%c waee z,i Ioin ni.Lihr to it ivy trii L t au wuIV tls rre a ttat•1 ec ea the nuul its vow NON -JURY TRIJ1,, data REstt LIvi3L1t. YOU MUST Fll i'RI•S1'' r ALA COURT 13ATES 1.I'd1LSS EXCUSED BY THE CQ1.RT II' YOU IX) N'TF APPEAR, A 1315NFCI1 W'ARRll?+I`fi` WILL tit 4SSt1 IT)!t YOUR Aualis - WHAT ALIT msAnvEs ARE THERE FOR SERVING A JAIL SENTENCE? 'Toole i 'u rti`nt+k , pan tamerl to to rail lam tlrert: use other 1lietr pion, which include: probation monituritol electronic borne monitoring_ work CISw or work retatte. When you ar sentchced, ytiau b provided with a icntcrrcrrig :rnkr which will loll yam wilco try tq n1 to foil Scalene= tiro til did Spolmie County ?rill or +;zr iltat rariectians Collet WHAT !1'1E1S I I DO IF 1 CAN'T PAi' All OF 14f ' FINE TODAY? It yin LAu`t Jot►y 41 of stmt dive its sentetciuj tlic Jac or clerk, will work asst n fla crrun4II.IliJ3 ..`citcIiL This t, contr r.-t Milli tivc ti' ili21 for irlstal117.tcrit agal ttrnir4t IV strictly Luthcdl toml tkac colydract carefully. as natty to tiw1lC+cv :the rott]:att eau reuill in 1utc f a ausperomora of your drwcrs linen . a hold cots drar'o'rti Jimmie rraricawrnt, wa lynch wow omit or to-signincro 411 a kct lt >Il a "L ILti WHAT IS A SUSPENDED SENTENCE? Qftcn the Juilim will suspend Unpuritiusi uFe partiou., aar alb of n jail sentence unit the nrtuiditi<hn of cnropi ing. with various combitinoto within a firm lrm]t. It t ' L(.inJ3t n we ramified the sliNpealed maim of the grit I1i:41ce never a.igio.t if tl"ac conditions, arc xurlutal tl►m you will tc reqtthud lra rcluru to Lh Court fox a 11 ]rIaat utod possible sr:rwaog +tf OW ailil .anran €z bt intiiiy' coPalition:I Ice railx -mudd by the District Court Ptchatino I kpuitinent which will 1 ttitc2 konilrlanroce Ktr r+ist with the triuttJ uttol rutiornos. the Probation aim ut.0 Its ,ware i ek ( 477-4751 rar 509) 2- 5:tthpk, lr air c1 tatn asu 2 Flom of the Public Surer- I3uil Wig. PLEASE LET US I FI.P EACH OT1F i. it 'YOUR ADDRESS' CHANGES Al ANY MAGI= OF THE F R CEED N11 CONTACT COURT IED1ATCLv BY CALLING DI irki Court 15O 4/74770 Municipal Court OM) 673-4400 Depnri men I } -Judge Vatii V. PerrnIrn Deny rtment..,.,,.,.. Judy Nu B 1/err DLpyItirnent 3- Juilu .11ka Padden Depa rtrii *-ni 4 ..:...:..... .Juduc Patti 1+riill+rr Drp riroma #..., , Jul Gregory J. '1 ripp Drint mien I ti Judge Kin cy Dunbar/ Depurtttrcttt ?.. Judge Donna Mom De1ln rtrtiertt 8 Judge Annette 1$r~a Departnneer ,•Jurige Richard 11. Wilily Crrrrrniaiuurr Brad Chinn ConiTnlialnr r Virginia RtrcL�rcnrd Cunirnisainner Rub? Seines Cummiy+lliner Chadic Rirhr Cummi%sloner Rind lirinds For ad disinnn! inf +irm nt ar;r about iIn cnet Mew take a look ar our wcbatte lit tp. /tam w.spu ecoar ett.oritfslisttlrtcou 3g/ E3 A CITIZEN'S GUIDE TO WASHINGTON COURTS A Citizen's Guide to Washington Courts is supported in part by a ant from the Program on Law and Society of the Oren. Society Institute and the League of Women Voters of Washington Education Fund. Previous editions of this booklet were published in 1979, 1982, 1985, 1987, 1991, 1993, and 1997 by the Administrative Office of the Courts, State of Washington. Revisions are made annually. Note to educators: Definitions of italicized court terms used in this booklet are included in a companion text, A Guide to Terms Used in Washington Courts. Hard copies are available and both texts tali be downloaded from the Washington Courts Homepage at www.courts.wa.gov • A CITIZEN'S [TIDE TO WASHINGTON COURTS Ninth Edition 2002 Table of Contents Page FI'uNhingt(n Court System.... .......... ..,.,..,.......,.,.,., Visiting our Courts ...... ..................... .......... , , 2 types Cases .. .................... ..... .......................... .............................. „ 2 Trial Process ....... ............ ....... ...... . .. ....... ., Alternative Dispute Resolutions 7 C'Orirt Organization. .. 9 Courts of Limited Jurisdiction 9 Jurisdiction 9 District Courts 9 Municipal Courts 10 Traffic Violation Bureaus i 1 Domestic Violence and Antiharassment Orders 11 A ppeals trorn Courts of Limited Jurisdiction 11 Judges 12 Courtkkppari Personnel 12 Probation 1 Superior Courts 13 Jurisdiction 13 Appeals 13 Juvenile 13 Disiricts 14 Judges 14 Court Support Personnel 15 Map of Superior Court Districts of Washington 17 The Court of Appeals 18 Jurisdiction l Appellate Process 18 Divisions 18 Judges 18 Map of Court of Appeals Divisions ofWasliingtoni,,,. 20 Court Support Personnel 21 The Supreme Court 21 Jurisdiction 21 Justices 22 Court Support Personnel 22 .Hots Courts Are Financed 24 Artificial' Disc/gyre 25 THE U P:E M E COURT .six - year terms, staggered + Appeals from (he Court of Appeals • Administers state court system COURT OF APPEALS six-year terms, staggered Division _Ii eattk,-Division II, Tacoma '.Division 1I1. Spokane • Appeals from lower colds except those in jurisdiction of the Supreme Court SUPERIOILCOURT four-yeat..lerms + Civil mailers + Domestic relations + Felony criminal cases + Juvenile matters • Appeals from courts of limited jurisdiction - J1 T - F LI.WIITJ:D_JU I DI TI ; N four-year_ tenets district_ and_m11unicipal courts i l'1isdomeanor criminal cases + Traffic, non - traffic, and parking infractions + Domestic violence protection orders + Civil actions of $50,000 or less Small claims Washington Court rS Citizen's Guide to W.Akington Courts Visiting Our Courts Types Of Casa civil There are four levels of court in Washington: the Supreme Court, the Court of Appeals, the superior courts and courts of limited jurisdiction, or district and municipal courts. The Supreme Court is located in Olympia in the Temple ofJustice on the stale capitol grounds. Courtrooms ditto three divisions of the state Court of Appeals are located in Seattle, Tacoma, and Spokane. Courthouses in each of the slate's 39 counties house superior court courtrooms. Each county has at least one district court and many of the state's cities and towns have a municipal court. Though some proceedings are not open to the public, visitors are velconic to attend all others without appointment, it is usually advisable for large groups to check in advance with the court clerk, administrator, bailiff, or judge about the availability of seating and parking. All cases filed in the courts are either civil or etirriina Civil cases are usually disputes between private citizens, corporations, governmental bodies, or other organizations. Examples are action arising from 1andlartl and tenant disputes, personal injuries, breach of warranty on consumer goods, contract disputes, adoptions marriage dissodurions (divorce), pr obale.s, guar ianshi ps, and professional liability suits. Decisions are based upon a preponderance of evidence. The party Su ing (plaint must prove his or her case by presenting evidence that is m ore persuading to the frier of fact (fudge or jury) than the opposing evidence. Ciiizcn's Guide to Washington Cowls Page 2 There are special court pro cu i ';es for the protection of citizens threatened by harassment and domestic violence. Residents may obtain documents for requesting orders for protection by contacting the office of their county clerk. Criminal Criminal cases are brought by the government against individuals or corporations accused of committing a crime. The government makes the charge because a crime is considered an act against all of society. The prosecuting attorney prosecutes the charge against the accused person (defendant) on behalf of the government Wiling). The prosecution must prove to the judge or jury that the defendant is guilty beyond a reasonable doubt The more serious crimes are called felonies and are punishable by more . than a year's confinement in a state prison. Examples are arson, assault, larceny, burglary, murder, and rape. Lesser crimes are called misdemeanors and grass misdemeanors. Both are punishable by confinement in a city or county jail- Examples of gross misdemeanors are theft of property or services valued at up to S250 and driving while under the influence (DUI) of alcohol or drugs. Among the many types of misdemeanors are disorderly conduct, prostitution, and possession of Icss than 40 grams of marijuana. Clerk Witness Defense Team Judge Plaintiff Team I'agc 3 C izen's Guidt to Washingtm Courts Trial Process Whether the case is civil or criminal, or tried by a judge or jury in a superior, district, or municipal court, the procedure is essentially the same. There may be some differences from court to court, however. Jury Selection Jurors are randomly selected from voter registration lists, and lists of those who are valid driver's license or "identicard" holders. In superior courts, 12 persons are seated on a jury. in district courts, the jury consists of six or fewer people. In district, municipal, and superior courts, jury selection is handled in the same manner. Selection, or mir c#ir e , consists of questions asked of juror candidates by the judge and attorneys to determine ifthey have any biases that would prevent them from hearing the case, Questions can be general (directed at the whole panel) or specific (directed at specific candidates) - lf an answer indicates a prospective juror may not be qualified, that individual may be challenged for cause by a patty, through his or her attorney. It is up to the judge to decide whether the individual should be disqualified. After questions have been asked, pereniptor v challenges- -t hose for which no reason need be given—may be. exercised by an attorney and the prospective juror will be excused- Just how many challenges may be exercised depends on the type of case being tried. How they are exercised (orally or in writing) depends upon local procedure. A Fier all challenges have been completed, the judge will announce which persons have been chosen to serve on the case. Those not chosen are excus After the judge or clerk administers the oath to the jurors, the case begins. Because the plaintiff always has the burden of proof; his or her attorney makes the first opening statement. Citizen's C,uide to Vlasitingtan Courts Page 4 Opening Statements A n opening statement is an outline ol'the facts a party expects to establish during the !Hal. The plaintiff opens first, then the defendant. The defendant can choose to delay nuking an opening statement until alter the plaintiff revs or presents his or her evidence. Evidence Evidence is testimony and exhibits presented by each side that is admitted by the judge. The plaintiff presents evidence by direct examination of each witness, who are then subject to cross examination by the defendant. After plaintiff rests, the defendant presents wvitnesses who may he cross examined by the plaintiff's attorney. Mier the defendant rests, the plaintiff may present rebuttal evidence, Following that, the evidentiary phase of the trial is over, Jury Instructions I hejudge then instructs the jury on haw the law must be applied to that case. Jurors may be given written copies of the instructions. Closing Arguments Following the judge's instructions, attorneys for each party make closing argurnenls. As with opening statements, the plaintiff goes first After the defendant presents closing arguments, the plaintiff is allowed time for rebuttal_ rage 5 Cilia ns Guide to Wash ingtanCauns Jury Deliberations Amer closing arguments, the bailiff or other court - designated person escorts the jury to the jury room to begin deliberations, While deliberating, jurors are not allowed to have contact with anyone, except as designated by the court. Criminal Sentencing In Washington, superior court judges nuke sentencing decisions under a determinate sentencing system, Under the determinate sentencing system, offenders convicted of felony crimes arc sentenced according to a uniform set of guidelines_ The guidelines structure, but do not eliminate, rt sentencing judge's discretion. The purpose of the system is to assure that those sentenced for similar crimes, and who have comparable criminal backgrounds, receive similar treatment. 'fire guidelines are based on... ....seriousness of the offender's crime(s) ,,,.the offender's crimirna! history A judge can depart from these guidelines hut only if compelling circumstances exist. Only sentences imposed outsi o [ guidelines can be appealed. All convictions, adult or juvenile, include mandatory penalty assessments, which are deposited in the stile's victim compensation fund. A judge may also order the offender to make restitution to victims for damages, loss ofpropcity and for actual expenses For treatment of injuries or lost wages. Those convicted of misdemeanors may be given probation and/or lime in a local jail, violating the terns of probation can result in a longer jail term. Citizen's Guide to Waihingtcu Courts rage 6 Crime Victims and Witn State Taw "ensure(s) that all victims and witnesses or Crime are treated with dignity, respect, courtesy, and sensitivity; and that rights extended (to there) are honored and protected.,,in a manner no less vigorous than the protection afforded criminal defendants." The law lists nine rights of crime victims and witnesses, and in some cases, their families. These include the right to be told about the outcome of a case in ;which they were involved, and to be notified in advance if a court proceeding a which they were to appear has been canceled. If threatened with harm, victims and witnesses have the right to protection. They also have the right to prompt medical attention if injured during the commission ofa crime. While waiting to testify, they must he provided with a waiting area away from the defendant and the defendant's family and friends. Stolen property is to be returned quickly. Criminal justice system personnel are expected to help victims and witnesses work out employment- related problems that might arise during the periods of time they are involved in the trial, ,alternative Dispute Resolution Many disputes do not have to be resolved in an open, public court setting. "Alternative dispute resolution" (ADR) offers a variety of ways to resolve disputes in lieu of an official trial, ADR can be conducted in any manner to which the parties agree - -it can be as casual as a discussion around a conference table, or as structured and discreet as a private co tit trial_ Advantages to solving conflicts through ADR include decreased litigation costs, and an expedited outcome. The most commonly used techniques are mediation and arbitration. Page 3 Citizen's Guide to Washington Curls Mediation Mediation is a confidential, voluntary, non - binding process which uses a neutral third party to guide parties towards a mutually beneficial resolution of their disagreement. Resolutions are created to suit both parties, and inay include an agreement not available via the court system. The mediator does not impose his or her will or judgment on the parties, but helps there decide for Themselves whether to settle, and on what terms, The mediator is a catalyst, helping parties reach agreement by identifying issues, exploring possible bases for agreement, and weighing the consequences of not settling, Mediation works well in one- on -onc disputes and in large, multi -group conflicts. It is effective in all types of civil rriatters, and may occur before or after the filing of a lawsuit. Although attorneys may be present during the mediation process, they are not essential to the process, Arbitration In arbitration, a neutral third party is chosen to hear both sides of the case, then resolves it by rendering a specific decision or award. Arbitration is a common way of solving disputes with insurance companies on specific claims. An arbitration proceeding is similar to a regular court trial. The main difference is that arbitration can be either binding or non binding, as agreed in advance by the disputing patties_ If binding arbitration has been chosen, the decision of award is final. In Washington counties with a population of 70,000 or snore, the superior court may require m and ator - y arbitration of some ell iI actions, usually those in which the sole relief sought is a money judgment. Unlike voluntary arbitration, mandatory arbitration operates under the authority of the court system, By lain, it can only be used to settle disputes of$3 ,000 or less. Citizen's (iuide to Washington Courts Inge 8 Court Organization ( 7 4 " Corgis of Limited Jurisdiction Jurisdiction Courts of limited jurisdiction include district and trmuiricipal courts. District courts are county courts and serve defined territories, both incorporated and unincorporated, within the counties, Municipal courts are those created by cities and towns, More than two million cases are filed annually in district and municipal courts. Excluding parking infractions, seven out of every eight cases filed in all state courts are filed at this level. This is due primarily to the broad' jurisdiction these courts have over traffic violations and misdemeanors, District Courts District courts have jurisdiction over both criminal and civil cases. Criminal jurisdiction includes misdemeanors and gross misdemeanors cases that involve traffic or non - traffic offenses. Examples include: driving while under the influence of intoxicating liquor or drugs (DE reckless driving, driving with a suspended driver's license and assault in the fourth degree. Prelitninaly hearings for felony cases alt also within the jurisdiction of the district courts, The maximum penalty for gross misdemeanors is one year in jail and a $5,000 fine. The maximum penalty for misdemeanors is 90 days in jail and a 51,000 fine. A defendant is entitled io a jury trial fur these offenses_ Juries in courts of limited jurisdiction are composed of six people as opposed to superior court juries, which have 12 people. Jurisdiction in civil cases includes ages for injury to individuals or personal property and contract disputes in amounts of up to $50,000, District courts also have jurisdiction over traffic and non-traffic infractions, civil proceedings for which a monetary penalty- -but no jail sentence -may be imposed. There is no right to a jury trial for an infraction. District courts may also issue domestic violence and antiharassment protection orders. They also have jurisdiction to hear change -of -name petitions and certain Iicn foreclosures. More information on these procedures can be obtained by contacting your local district court. Small claims are limited to money claims of up to $4,000. These are filed and herd in the Small Claims Department of the district court. Generally, each part} is self - represented -- attorneys are not permitted except with the permission of the judge. Witnesses may not be subpoenaed, but may be allowed to voluntarily testify fora party. Examples of cases heard: neighborhood disputes, consumer problems, landlord/tenant matters and small collections. The district court clerk can provide specific information about filing a claim. Municipal Courts Violations of municipal or city ordinances are heard in municipal courts. A municipal court's authority over these ordinance violations is similar to the authority that district courts have over slate law violations. The ordinance violation must have occurred within the boundaries of the municipality. Like district Courts, municipal courts only have jurisdiction over gross misdemeanors, misdemeanors and infractions_ Municipal courts du not accept civil or small claims cases. The one exception is that municipal omits can enter civil orders of protection Ibr victims of domestic violence. Page Citizen's GuideioWoshinglon 'Mimes C uidt Washingtoa Cowl EFoge Traffic Violation Bureaus ( 4VB) In addition to a municipal court, cities can establish baffle violation bureaus or TVBs. TVBs handle traffic violations of municipal ordinances that involve no possible incarceration. The primary purpose ofa traffic violation bureau is to expedite the handling of traffic cases that do not require any judicial involvement. The TVB is under the supervision of the municipal court and the supervising court designates those traffic law violations that a TVB may process. Domestic Violence and Anti harassment Orders District and municipal courts are confronted daily with domestic violence issues. Besides adjudicating criminal domestic violence and antiharassment cases, courts of limited jurisdiction also enter protection orders. These are no contact orders, orders of protection and antiharassment orders- No contact orders and orders of protection can he obtained in either a municipal or district court. Antiharaismeilt orders can only be obtained in district courts. Court personnel are knowledgeable about domestic violence issues and can assist a victim in completing domestic violence or antiharassment Forms. However, court personnel cannot give legal advice. Appeals from Courts of Limited Jurisdiction Cases arc appealed frorn "the record" made in the Tower court in courts of limited jurisdiction, the record is made from an electronic recording of the original proceedings and court docuuncnts. 'Tile cases are appealed to superior court where only legal e 1TOIS frcirn the proceeding below are argued. There is no additional evidence or testimLy presented on appeal. The one exception is an appeal from a small claims case, Small claims cases are heard de novo (or anew) in superior court on the record from the court of limited jurisdiction. Judges District court judges are elected to Four -year terms. Municipal court judges may be elected or appointed to a four -year term, depending on state law provisions- All judges are required to attend 45 hours of judicial training every three years. Judges of courts oflimited jurisdiction belong to the Disfrietand Municipal Court Judges' Assocraiion. The association was created by state statute to study and make recomrnendalions concerning the operation of courts served by its members, Court Support Personnel Courts of limited jurisdiction are served by an administrative support staff. Under the direction of the presiding judge, the staff is responsible for maintaining the c.mirt's riSCaI, administrative and court records, Probation Courts of limited jurisdiction have authority to order probation for up to two years, except in DUI convictions where a court can order probation for up to five years. A probation counselor administei.s programs that provide pre-sentence investigations, supervision and probational) treatment for misdemeanant offenders in a district or municipal court. Pie 11 Citizen 's (uideto Washington Couiis [: iliacn's Guideto Wash inglunCauris No:. 12 Probation counselors can make , ng recommendations to the court, including appropriate treatment (i.e. drug and alcohol counseling) that an offender should receive. The probation counselor periodically advises the district/municipal court judges of an offender's progress \4'hile the offender in on supervision, Superior Courts Jurisdiction Because there is no limit on the types of civil and criminal cases heard, superior courts are called generof jurtsdicf o i courts. Superior courts also have authority to hear cases appealed from courts of limited jurisdiction. Most superior court proceedings are recorded so a written record is available ifa case is appealed. Appellate courts can then properly review cases appealed to them. Some superior courts use video recordings instead of the customary written transcripts prepared by court reporters. Appeals Appeals may be made to the Court o[Appeais, In some cases, They go directly to the Supreme Court.. Juvenile Juvenile court is a division of the superior court, established by law to deal with youths under the age of 18 who commit offenses (offenders) or who are abused or neglected (dependents). Like adults, juvenile offender are sentenced according to a uniform set of guidelines. Taking into account the seriousness of the offenses committed anin. history of the subject's prior offenses, the guidelines establish a range of sentences, and sentence conditions. A juvenile sentence or disposition outside the standard range is possible if the court finds the standard disposition would amount to a "manifest injustice," to the juvenile or to the community. Dispositions within the standard range are not appealable; manifest injustice dispositions are. Dependent children arc usually placed under the care of the slate's Department of Social and Health Services (DSH ). Courts frequently place such children outside the home for varying periods of time. Districts All superior courts are grouped into single or multi- county districts, There are 31 such districts in Washington state. Counties with large populations usually comprise one district, while in less - populated areas, a district may consist of two or more counties, A superior court is located in each of Washington's 39 counties. In rural districts, judges rotate between their counties as needed. Each county courthouse has its own courtroom and staff, Judges Superior court judges are elected to four-year teens. Vacancies between elections are filled by appointment of the Governor, and the newly - app judge serves until the next general election. To qualify for the position, a person must be an attorney admitted to practice in Washington. There is a presiding judge in each county or judicial district who handles specific.administrative functions and acts as spokesperson for the court. Duties of the presiding judge vary from county to county, 1'qe 13 Ciiizen's Guidc to Washington Coors Citizen's [Aide 10 Washington Courts Rage 14 Superior court judges belonan organization, established by taw, called (he Superior Court Judges As ociation. Specific committees of the association work throughout the year to improve the court system and to communicate with other court levels, the Legislature, bar associations, the media, and the public. Officers of the organization are elected each year at the association's annual spring conference, Court Support Personnel Banff -- Responsibilities and designation ofa court bailiffvaiy from one court to another, depending upon the needs (lithe court sewed. The bailiffs primary duties arc to call the cotut to order, maintain order in the courtroom, and attend to the needs ofjurors. In some counties, bailiffs with legal training serve as legal assistants to the judge. nt�rrty Clerk -- The county clerk is an elected official who maintains the court's official records and oversees all record- keeping matters pertaining to the operation of the worts. Among other things, the county clerk may be responsible for notification of jurors, maintenance of all papers and exhibits _ filed in cases before the court, and preparation of rriinules of court procedures. Commissioner -- Some courts employ court commissioners to ease the judges' caseload_ Court commissioners are usually attorneys licensed to practice in Washington. Working under the direction ofa judge, court commissioners assume many of the same powers and duties ofa superior court judge. Matters heard by the court commissioner include probate, uncontested marriage dissolutions, the signing of court of - deis for uncontested matters, and other judicial duties as required by tltejudge, The state constitution limits each county to no more than three court commissioners. Court Administrator -- Many superior coui -ls employ court administrators. Their functions vary, depending upon the policies of the court served. Generally, the court administrator is responsible for Pug 15 Citimpi's Gu ide to IVashington Courts notification of jurors, supervision of court lf, assisting the presiding judge in budget planning for the court, assignment of cases, and implementation of general court policies. Juvenik Co w tAdrninistrator -- The juvenile court administrator directs the local juvenile court probation program and provides genera! administrative support to the juvenile division of superior court. Each of the states 33 juvenile courts is unique in the range and diversity of programs and services it offers, though all offer some type of diagnostic and diversion services. A number of juvenile court administrators direct county -level detention programs. Generally appointed by judges of the superior court, in several counties judges have transferred this responsibility to the county legislative authority. Court Beporler -- Stenographic notes are taken in court by a court reporter as the record of the proceeding, Sotne court reporters assume additional duties as secretary to one or more judges. Citizen's Guide 10 Washington Courls Page 16 Page 17 (Aar en's [;aide to Washington Caws The Court of Appeals 0 Jurisdiction Most cases appealed from superior courts go directly to the Court of Appeals. It is a non - discretionary appellate court - -it must accept all appeals filed with it The Court of Appeals has authority to reverse (overrule), remand (send back to the lower court), mode j &, or afiririn the decision of the lower court. The court decides each case after reviewing the transcript of the record in the superior court and considering the arguments of the parties. Generally, the court hears oral arguments in each case but does not take live testimony. Appellate Process Most cases appealed from superior courts go directly to the Court of Appeals, though certain, specific types of cases go directly to the Supreme Court (see Supreme Court), . Divisions The Court of Appeals is divided into three divisions. As shown on the map on page 1 8, each division serves a specific geographic area of the state. Division 1, located in the One Union Square Building in downtown Seattle, has 10 judges. Division ll in Tacoma has seven judges. Division III has five judges and is located in downtown Spokane. Judges The 22 judges on the Court serve six -year staggered terns to ensure that all judges are not up for reelection at the same time. Each division is divided into three geographic districts and a specific number ofjudges must be elected from each. The divisions are divided as shown ou the net page. Citizen's Guide to Washington Courts Page 16 Division I District 1: King County, from which six judges must he elected District 2: Snohomish County, from which o judges must be elected District 3: Island, San Juan, Skagit and Whatcom counties, from which one judge is elected Division II District 1: Pierce County, from which three judges are elected District 2; Clallam, Grays Harbor, Jefferson, Kitsap, Mason and Thurston Counties, from which two judges are elected District 3: Clark, Cowlitz, Lewis, Pacific, Skamania and Wahkiakum Counties, from which two judges are elected Division III District I ; Ferry, Lincoln, Okanogan, Pend Oreille, Spokane and Stevens Counties, from which two judges are elected District 2: Adams, Asotin, Benton, Columbia, Franklin, Garfield, Grant, Walla Walla and Whitman Counties, from which one judge is elected District 3: Chelan, Douglas, Kittitas, Klickitat and. Yakima Counties, from which two judges are elected To qualify fora position on the Court of Appeals, a person must have practiced law in Washington state for five years and at the time of election, lived for a year Or more in the district Flom which that position was drawn, Vacancies are filled by the Governor and the appointee serves until the next general election. A presiding chief judge for all three divisions is elected for a one -year term. Duties of the presiding chief judge include coordination of business matters airrong the three divisions. Each division elects its own chief judge to handle administrative details at the division level. Pig 19 Ctti ?epos Guidt to washingtan Cairns Citizen's Guide to Washih5ton Courts Page 20 Court Support Personne Clerk of the Court -- Appointed by the court, the clerk is its chief administrative officer. The clerk is responsible for filings, and plans, organizes and supervises the administration of the clerk's office, manages court facilities, and sets court calendars. Commissioner -- Judges of each division also appoint commissioners who decide some motions that come before the court, Commissioners also perform additional duties that promote the effective administration of the Court. Law Clerks Each judge is assisted by clerks trained in the law. The clerks research the law and assist in writing court opinions. The Supreme 'our t Jurisdiction The Supreme Court is the state's highest court. Its opinions are published, become the law of the state, and set precedent for subsequent cases decided in Washington. The Court has original jurisdiction of petitions against state officers and can review decisions of lower courts if the money or value of property involved exceeds $200, The $200 limilation is not in effect if the case involves a question of the legality ofa lax, duty, assessment, tot], or municipal fine, or the validity ofa statute. Direct Supreme Court review ofa trial court decision is permitted if the action involves a state officer, a trial court has ruled a statute Cr ordinance unconstitutional, conflicting statutes or rules of law are involved or the issue is of broad public interest and requires a prompt and ultimate determinati All cases in which the death penalty has been imposed are reviewed directly by the Supreme Court, In all other cases, review of Court of Appeals decisions is left to the discretion of the court. Pagc 21 Chicen's Guidz ro Washington Courts Motions to be determined by the CoCand petitions for review of Court of Appeals decisions, are heard by five - member departments of the Court. A less - than - unanimous vote on i petition requires that the entire court consider the matter. All nine justices hear and dispose of cases argued on the appeal calendar. Each case is decided on the basis ofthe record, plus written and oral arguments. Exhibits are generally not allowed and no live testimony is heard. The Supreme Court is the final rule - making authority for all of the state's courts. Though local courts make their own rules of procedure, these rules must conform to, or not conflict with, those established by the Supreme Court. In addition, the Supreme Court has administrative responsibility for operation of the state court system. It also has a supervisory responsibility over certain activities of the Washington Stare Bar Association, including attorney disciplinary matters, Justices The nine Supreme Court justices are erected to six -year terms. Each term is staggered to maintain continuity ofthe court, The only requirement for the office is that the prospective justice be admitted to the practice of law in Washington State. Vacancies are fil led by appointment ofthe Governor until the next general election. Court Support Personnel Bailiff-- A court - appointed a icial, the bailiff announces the opening of each session of the court and performs a variety of other duties as required by the court. Clerk -- Appointed by the court, the clerk of the Supreme Couu1 maintains the count's records, files, and documents. The clerk is also responsible for managing the court's caseflow, including the preparation of its calendars, at1anging for pro ten (temporary) judges and docketing all cases and papers fled. C iii . ten's Gi idu to Washington Cowin Page 22 The clerk supplies attorneys, opp g counsel and other appropriate counsel with copies of Supreme Court briefs, and records attorney admissions to she practice of law in Washington state, The clerk also rules on costs in each case decided by the court, and may also rule on various other procedural motions. The clerk is assisted by a deputy clerk and supporting staff Commis. oner -- The commissioner, also appointed by the court, decides those types of motions which arc not required by court rule to be decided by the justices, Called rulings, these decisions are subject to review by the court. The commissioner also heads the court's central staff`. The commissioner and other attorneys on the central statT assist the court in screening cases to determine which ones should be accepted For full hearing. The court is asked to hear more than 1,000 uses each year, though only a small portion of these can be accepted. Corti 14drrninishr - alor• -- Washington's administrator for the courts is appointed by the Supreme Court and is responsible For the execution of administrative policies and rules in Washington's judicial system. With the assistance of a support staff, the administrator compiles court statistics; develops and promotes modem management procedures to accommodate the needs of the state's courts; studies and evaluates information relating to the operations and administrative methods of the judicial system; and provides pertinent information to the members of the judicial community, the other branches of government, and the general public. The administrator's staff also prepares and submits budget and accounting estimates relating to state appropriations for the judicial system. Reporter of Decisions -- Appointed by the Supreme Court, the reporter of decisions is responsible For preparing Supreme Coto and Court of Appeals decisions for publication. Decisions are published in weekly "advance sheets" and in the permanent volumes of Washington Reports and dVashingion }rte cue Reports. Pflge 23 Citizen's Guidt to Washington, Courts Law Clerk -- Law clerks primarily p{ ,Je research and writing assistance to the justices, Law Librarian -- The state law librarian is appointed by the Supreme Court to maintain a complete, up -to -date law library. How Courts are Financed Funds to support Washington's courts come from state and local sources. State Sources Only a small portion of the total cost of operating state government, three- tenths of one percent, is devoted to the courts. Court operations funded directly by the state include those of the Supreme Court (including the Supreme Court Clerk's Office, the Reporter of Decisions, the State Law Library, and the Office of the Administrator for the Courts), the Court of Appeals, and halfof the salaries and benefits of superior court judges. Local Sources As is the case at the state level, the amount spent to support local courts is small relative to expenditures made for other city and county government operations. Though local governments finance the major portion of the state's j iidicial system, during recent years those expenditures have - represented only six percent of all hinds spent by local governments. Locri! Funds support the cost of court administration, grand juries, local law libraries, court facilities, civil process services, petit juries and witness expen scs. Citizen's Guide to Washington CourLs Page 24 Judicial . Discipline 0 Washington's Commission on Judicial Conduct was established to investigate allegations of a judge's misconduct or disability, its membership consists of two lawyers, three judges, and six non- lawyer citizens. Any person, organization or association may submit written or oral allegations of misconduct. These are reviewed by the Commission to see if the Code ofJudicial Conduct was violated or if any permanent disability exists, Because the Commission has no authority to modify judicial decisions, objections to a particular official judicial action will not normally trigger Commission action. The Commission's power is limited to two areas: (1) misconduct, as defined by the Code of Judicial Conduct, and (2) disability which is, or likely to become, serious enough to interfere with a judge's official duties. if misconduct is found, the Commission may admonish, reprimand, or censure the judge, or may recommend to the Supreme Court that the judge he suspended or removed. Like a trial, Commission fact - finding hearings ate held in public. The Supreme Court has appellate review of the Commission's decision, or in the case of a Commission recon}menJa/ion, the Court makes the final decision after reviewing the Commission's record and taking argument on the matter. PaEe 25 Citi;peqfs 6Iridr to Washington Courts Learning more about Vaskn ton Courts Online, • A Citizen's Guide to Washington Courts lit t p:llw ww.court&wa. avlbrochurc /guide • A C'riiide to Terms Used in Washington's Courts hit + ://www.courts.wa. ovltcrrnslterrn'iiide.cfm • Caseloads of the Courts of Washington ht i :llwww.courts, wa. govlcaseload! • Criminal History and Criminal . Records http:llwww.courts.wa. ovfbrachure /criminal! • Court Forms and Instructions hup://www.courts.wagoviforrusi • Domestic Violence Self-Help Resources and Forms littp://www.courts.wa.govidvi • Educational Resources: Including Washington Court history, lesson plans for Judges in the Classroom, the Washington State Constitution and more hi tp:llwww.courts. wa, gov /educati on • Information on Jury Service http:llww.courts. wa. govlj urv! • Small Claims Court htto://www.cOurts,wa.govibrochureiscci • Washington State Gender and Justice Commission lutp://www.courts,wa,pyicommissionigenderandiusticei • Washington State Minority and Justice Canunission hlty:!lw, ca ter ts. wa. govin j cf. Revised 11,02 WASJiFNCiTON COURTS Stale oPWzi5hington • 120 Quince Slreet5E ■ P.O. Box 41'1'70 • Olympia, WA 98S{)1 -1 t70 (360) 753 -3365 • (360) .58& -4 Fax • wwvw.cours.wri _ gov 3i 15/05 1 would like to recommend that the City of Spokane Valley accept a Garage Sale Ordinance. 1 would like to explain why 1 feel that it is necessary to provide clear parameters for conducting sales of used items from ones home. 1. Most people want just want to get rid of unwanted household articles and are trying to clean things out at their home. Another reason for having a garage sale is for fund raising. (Get rid of your junk and donate the proceeds for a good cause). However, there are also individuals who wish to conduct a business of used materials from their yards and homes and garages. This is the area where the garage sale ordinance would provide parameters that would limit their activities. Why is this necessary? Think about how important your property is. How you want to preserve your way of life and your neighborhood. When grafitti is discovered in an area, it has become standard practice to paint over or remove it as soon as possible in order to prevent the destruction of the neighborhood that often follows when an area is allowed to fall into disrepair. Two or three garage sales a year is not the same as a yard that is filled to overflow with junk. This is what has happened in my neighborhood. I am a relatively new comer to this neighborhood. 1 carne in 1978. 27 years. The owner house that 1 am referring to moved in about 1 year ago. At first there wasn't anything noticeable happening there, some remodeling. This summer however, truckloads of used material was moved onto the property and within the course of 1 day, everything changed. Every inch of the property is now covered with used air conditioners, skis, a rusty ironing board etc. It is a terrible mess. not a yard or garage sale. There is also an open trailer of household garbage out in the public walkway that has been there since at least the early fall. I have called numerous times to the City of Spokane Valley and the County Health Department. The Code Enforcement Officer has worked very hard to get this matter resolved. The city currently has nuisance laws which they arc attempting to enforce. The owner of the property signed a voluntary compliance form to avoid being tined for breaking the nuisance laws. He was to clean up the property by January 17` 'the city would clean it up and put a lien on his property. He is an old man and it was cold at that time, so 1 thought that maybe he was given more time. But now it is March 15. The other neighbors and I are growing impatient. We have to pay the same taxes as in the past, but our property is being devalued by allowing this individual to conduct his perpetual yard sale. Please help us. AA-0/ 31aa1o5 • `■ IA BM IU1UUM. u.■ ■ IF ■ . 4 1 q 4 .t - • A A .R 4 . < • • • gREEN Tr1VMD NRSCRY $ • S 9 1--n $IIn.. In ,r 90c1.4t1 r ■ ornennntit ' . aw . l��t !l!S i. 9 j,6 • • plrti Nancy Nishimura • ■ 16$t6 EAST SPRAGUE (509) 927 -0990 • VEWADAIE. WASHINGTON wq : FAX (509) 927 -5962 . 411111111•111111•11•••••••••••••1 New Employee Classification: Public Information Officer and Human Resources Analyst City of Spokane Valley Nina Regor, Deputy City Manager March 22, 2005 New Classifications: History Public Information Officer January 11 Background Memo January 18 Study Session February 12 Council Retreat HR Analyst February 12 Council Retreat sem Adams Mg eld Pne Public Information Officer: General Responsibilities Convey the corporate message ( -I Promote community involvement O Promote access to and knowledge of City services o Provide education and training opportunities • Provide legislative coordination Public Information Officer: Comparable Ranges Average comparable 2005 range was $53,652 - $71,040 o Comparable ranges differed by as much as 150% 2 Human Resources Analyst: General Responsibilities Oversee compliance with State and Federal personnel regulations Monitor and recommend updates to City's classification matrix o Draft updates to position descriptions o Oversee the City's benefit system 14pr Ow W„ - KI owl MI • Human Resources Analyst: Comparable Ranges 2004 AWC survey average range ($48,660 - $62,628) Other comparables ($45,914 - $58,843) 3 Next Steps March 22: City Council provides direction to staff c April 5: Draft Resolution, including Position Descriptions April 12: Motion Consideration of Resolution 4