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AN ORDINANCE implementing the charter amendment that was placed on the ballot by Ordinance 17614, contingent on certification that the charter amendment has been approved by the voters; amending Ordinance 8257, Section 2, as amended, and K.C.C. 2.60.020, Ordinance 17588, Section 4, and K.C.C. 2.60.026, Ordinance 383, Section 5, as amended, and K.C.C. 2.60.050, Ordinance 11955, Section 12, as amended, and K.C.C. 2.16.100, Ordinance 11955, Section 13, as amended, and K.C.C. 2.16.110 and Ordinance 1872, Section 3, as amended, and K.C.C. 2.32.100 and adding new sections to K.C.C. chapter 2.60.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. Public defense services are mandated by the United States Constitution, the Washington state Constitution and state law.
B. The Sixth Amendment of the United States Constitution and Article I, Section 22, of the Washington state Constitution guarantee assistance of counsel to every citizen accused in a matter where loss of liberty is possible.
C. Beginning in the 1970s, King County contracted with private, nonprofit corporations for the provision of most indigent defense services. These private, nonprofit corporations were viewed by the county and the corporations as independent contractors, and as a result the employees of the private, nonprofit corporations were not considered county employees and did not receive county benefits, nor were they enrolled in the Public Employees' Retirement System ("PERS").
D. In January 2006, a class action lawsuit was filed against King County, alleging that the employees of the private, nonprofit corporations were county employees and that King County had a duty to enroll them in PERS.
E. In February 2009, a Pierce county superior court judge entered an injunction requiring employees of the King County public defense contractors to be enrolled in PERS. Enforcement of that injunction was stayed on appeal.
F. In August 2011, the Washingto...
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