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HomeMy WebLinkAbout05/13/2008 Special Council Agenda Packet~~wrv n~ _. q MARANA ~ gRIZONP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 13, 2008, at or after 6:00 p.m. Ed Honea, Mayor Herb Kai, Vice Mayor Council Members Russell Clanagan Patti Comerford Carol McGorray Jon Post Roxanne Ziegler ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. AS A COURTESY TO OTHERS PLEASE TURN OFF OR PUT IN SII.EM MODE ALL PAGERS AND CELL PHONES. Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than May 12, 2008, 6:00 p.m., at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. t~wN nF k,. 9 fvzaNa gRILVNP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 13, 2008, at or after 6:00 p.m. SPECIAL MEETING A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND INVOCATION/MOMENT OF SILENCE C. APPROVAL OF AGENDA D. CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. E. PRESENTATIONS/INTRODUCTIONS/PROCLAMATIONS 1. Introduction: Superior Court Judge Jan Kearny, who was appointed by the Supreme Court to serve as Marana's Chief Magistrate Pro-Tempore (Deb Thalasitis) F. ACTION 1. Resolution No. 2008-62: Relating to Municipal Court; approving and authorizing a recruitment and selection process for Town Magistrate; and declaring an emergency (Deb Thalasitis) 2. Resolution No. 2008-63: Relating to Administration; approving and authorizing an appropriation from the town's contingency fund to the budget of the Office of the Town Manager for travel and expenses related to the All-American Cities competition; approving the receipt of unanticipated revenue from community sponsorships for the All-American Cities competition; and declaring an emergency (Mike Reuwsaat). G. EXECUTIVE SESSIONS 1. Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. ~nwN nF `': , 9 MARANA ~ gR1ZONP SPECIAL COUNCIL MEETING NOTICE AND AGENDA Council Chambers 11555 W. Civic Center Drive, Marana, Arizona 85653 May 13, 2008, at or after 6:00 p.m. 2. Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008- 001131. 3. Executive Session pursuant to A.R.S. § 38-431.03(A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from the parcels of property generally identified as Pima County Assessor's parcel numbers 226-15-018D, 226-15- 008B, 226-15-017B, 226-15-018B and 226-15-019A, and to instruct the Town's attorneys in settlement negotiations and contemplated condemnation proceedings relating to the same property rights. H. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) I. ADJOURNMENT ~nWN nF TOWN COUNCIL _~ ~'~{ MEETING TOWN OF MARANA 9 MARANA ; INFORMATION gR1ZON~' MEETING DATE: May 13, 2008 AGENDA ITEM: F. 1 TO: MAYOR AND COUNCIL FROM: Deb Thalasitis, Assistant Town Manager SUBJECT: Resolution No. 2008-62: Relating to Municipal Court; approving and authorizing a recruitment and selection process for Town Magistrate; and declaring an emergency. DISCUSSION This communication outlines staff recommendations for the recruitment and selection of a new Town Magistrate. Council approval is being requested for the Town Magistrate job description, including the salary range and the education and experience requirements. Approval is also being sought for the recruitment announcement (advertisement), the Supplemental Questionnaire for Candidates and the process to recruit and select the new Town Magistrate. This selection proc- ess is intended to address the current objective to have a Town Magistrate in place as close to July 1, 2008 as possible. Staff will return to the council at a later date with a recommendation for a standardized Magistrate evaluation process and contract renewal or recruitment process to be used in future years. JOB DESCRIPTION/RECRUITMENT ANNOUNCEMENT In order to develop a recommendation regarding salary, education and experience requirements, staff conducted a survey of the area municipalities approved by the Council for salary compari- son purposes. Attachment "A" depicts the results of this salary survey and the findings are summarized below. Salary Range -The survey indicates that the average salary of comparable cities and towns paid to the Town Magistrate is $101,212.48 and the median salary is $101,842.24. Both of these numbers are derived by eliminating the "outliers," meaning the highest and lowest salary re- ported by the entities in the survey. Staff is recommending a hiring salary range for the position of $90,000 - $102,000 per year, which range will be included on the recruitment announcement. This range is within the broader salary range established for department directors in the Town. Education and Exaerience Reauirements -The survey indicates that the education require- ment is established by the council for seven of the 11 jurisdictions. Of the remaining four juris- dictions, three require a Juris Doctor (JD) degree and admission to the State Bar of Arizona, and one requires a high school education. Eight of the 11 indicate that the council establishes the ex- perience requirement. Those who report an actual number for the experience requirement range from three years to 10 years. Staff also reviewed recent recruitment announcements from the cities of Mesa and Surprise to ascertain qualification requirements. Currently, the Town of Ma- rana requires 10 years of relevant experience for department director and senior staff positions. Based on this information staff is recommending that the council approve the following mini- {00009161.DOC /} mum qualifications for the Town Magistrate and has included this language in the job description and recruitment announcement: The position requires a Juris Doctor (JD) degree from an accredited college of law, ad- mission to the State Bar of Arizona, no prior history of removal for cause from a judicial position and a minimum of 10 years of progressively responsible experience as a practic- ing attorney, judge or hearing officer. Experience as an attorney, judge or hearing officer in criminal or traffic cases as a member of the State Bar of Arizona and experience man- aging legal or judicial staff as an attorney, judge or hearing officer is highly desirable. An individual receiving a conditional offer of employment from the Town of Marana must pass a drug screen and a background investigation through the Town of Marana Po- lice Department, the Arizona Department of Public Safety, and the Federal Bureau of In- vestigationprior to commencing employment. RECRUITMENT AND SELECTION PROCESS 1. May 14 -May 28, 2008. Advertise the position in the State Bar of Arizona career center web page, the Arizona Supreme Court employment web page, the Arizona Daily Star and Jobbing.Com (career web site used for Town vacancy announcements). Applicants will be required to complete a supplemental questionnaire and submit a resume and cover let- ter that discusses how their background meets the requirements of the position. 2. June 5, 2008. The Town Manager's Office completes screening of application materials for attainment of minimum qualifications, completes the preliminary background screen- ing (public records check) on those candidates meeting the minimum qualifications and forwards application materials to the Town Council for their review. 3. June 10, 2008. The Town Council identifies the candidates who will be invited for an in- terview and the Town Council provides direction to staff concerning development of in- terview questions (Executive Session). The Town Council directs staff to notify the can- didates who will be invited for an interview (regular session). 4. June 23, 2008. The Town Manager's Office completes confidential reference checks on candidates invited to interview. 5. June 24, 2008. Special Council Meeting to interview Town Magistrate candidates. Process to include presentation by Magistrate candidates in public session. Reference check results to be discussed in Executive Session. Town Council interviews candidates and deliberates on selection in Executive Session, selecting a top candidate and alter- nate(s). In public session, the Town Council directs staff to begin contract negotiations with the top candidate (not identified by name at this time) subject to satisfactory com- pletion of adrug screen and the full background investigation. 6. June 25, 2008. The Town Manager's Office begins contract negotiations with the top candidate and makes a condition job offer pending outcome of a satisfactory drug screen and full background check. The individual receiving this conditional offer of employ- ment will immediately be required to begin the process for the full background investiga- tion by the Marana Police Department, the Arizona Department of Public Safety, and Federal Bureau of Investigation. 7. July 10, 2008. Background investigation and contract negotiations completed. {00009161.DOC /} 8. July 15, 2008. Council approval of Magistrate contract; or direction to staff to proceed with the alternate candidate should background or contract negotiations be unsuccessful with the first candidate. Should the latter be the case, council will receive a briefing in Executive Session prior to providing direction to staff. 9. July 21, 2008. Targeted first day of work for new Town Magistrate. ATTACHMENTS 1. Presiding Magistrate job description 2. Recruitment and Selection Process 3. Supplemental Questionnaire 4. Job Announcement RECOMMENDATIONS Staff recommends approval of the Town Magistrate Job Description, which includes the salary range and minimum education and experience requirements; approval of the recruitment an- nouncement; approval of the Supplemental Questionnaire; and approval of the recruitment proc- ess. SUGGESTED MOTION I move to adopt Resolution No. 2008-62. {00009161.DOC /} Q ~-' Z w Q F~- Q ~ m ~ • 'V ~ - C - a 7 O) oc Uv U C U m C T ~> L O ~ ~ tU ~ d N Y N N d .D .O a X N N 3 N N N N N N o nE n n T Q = Q Q F LL C m E .U ~ ~ m C 7 U C U C U 7 o 7 0 ~ .L] i ~ 1] C L T ~ L m - M ~ a U N ~ U N ~ U N to x rn n n a V- O N Q N Q N Q N A d )" o 0 3 w c ~ ° c - - O O - ~ o a°'i ~ ~ o m L NNC G 7 7 U ~ L N N U C V Q to N i .~ UU ° U L ~ ~ U ~ o o c rn Q a n 9 n t y -o "> °7. v v v E E° r ~ ~. 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X U ~ p C C ~ ~~ U N N n N~ a~ ~ .• N n°~ .~ Q X' r> v N n N (6 Q N ~ y N ~ ~~ O a J n O Op U~ ~i U O O N Q U C 7 ~ X N N J U J U U > U U > U U 7 U U C ~ o T ` ~ N T ~ ~ ~ ~ ~ T ~ ~ ~ T ~ .O N ~ O C ~O f~ 9 U N o n N a~ n IUA ~ n N to a N d n Q Q Q Q Q `m - CO .~ O N .C 3 7 O ~ L O U to o U Motu ~ ~ ~ E ~ a= ~ E 14 N U I~f N N N Q N n t~$ O d Q O Q 7 p ~ o tY> O M O ~ O ~ N O O O ~ E,9 U> O .N O O a o 00 m °v N 3 N O C Ul to U N 'V m C O N O R L U N o ~ o d ~ E '~ i0 N ~ II~~ff N N Q d ot$ p Q ~ m N C C U lp U O - N 7 O 'O ~ U 'k c - c ~ m m o ~ ~ L ~ U N O N Q ~ U U n O 'O ~ f0 U ~ ~ ~ N N U d d ~ N -oi U ° Q R O O O M O N ~ ~ 0 0 0 ~ O ~ O O ~ fA fA EA C C C O O O a a o. > > N N N C C C U U U c T O N T ~ y U 'O - c U j 2 ~ t`6 N ~ C7 ~ o m m t L N N 7 ~ l0 U m d ~i w Q oop O O p ao~ V N N N_ p ~ N N ~ p N tb ~ N ~ O O FA b9 ~j Vj fA C C N N N ~ ~ O O X X X ~ O M N N n n N N N ~ d a~ o v > j~O~ov° c+i M U U C C C ~ ~ ~ O O O U U ° ° ° a a a O O ~ J J ~ ~ C C R ~ L t m ~ 2 o ~ C r r Y ~ tp to ~ T ~ N N " at0i n U > m ~ N ~ c o ~ N ~ U N ~ f ~ Oac~~C7iq ¢'~ MARANA RESOLUTION N0.2008-62 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING A RECRUITMENT AND SELECTION PROCESS FOR TOWN MAGISTRATE; AND DECLARING AN EMERGENCY. WHEREAS the position of Marana Town Magistrate is currently vacant; and WHEREAS Marana Town Code Section 5-2-1 provides that the Town Magistrate shall be appointed by the Town Council to a two year term beginning July 1 of each even numbered year; and WHEREAS the Town Council desires to recruit and select a highly qualified candidate for the position of Town Magistrate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the 2008 Magistrate Recruitment and Selection Process, Presiding Magistrate job description, Supplemental Questionnaire, and job announcement attached to and incorporated by this reference in this resolution as Exhibits A through D, respectively. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the recruitment and selection process for Town Magistrate. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. {00009159. DOC /} JF 5/12/08 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 13th day of May, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney (00009159.DOC /} JF 5/12/08 2 TOWN OF MARANA 2008 MAGISTRATE RECRUITMENT AND SELECTION PROCESS 1. May 14 -May 28, 2008. Advertise the position in the State Bar of Arizona career center web page, the Arizona Supreme Court employment web page, the Arizona Daily Star and Jobbing.Com (career web site used for Town vacancy announcements). Applicants will be required to complete a supplemental questionnaire and submit a resume and cover letter that discusses how their background meets the requirements of the position. 2. June 5, 2008. The Town Manager's Office completes screening of application materials for attainment of minimum qualifications, completes the preliminary background screening (public records check) on those candidates meeting the minimum qualifications and forwards application materials to the Town Council for their review. 3. June 10, 2008. The Town Council identifies the candidates who will be invited for an interview and the Town Council provides direction to staff concerning development of interview questions (Executive Session). The Town Council directs staff to notify the candidates who will be invited for an interview (regular session). 4. June 23, 2007. The Town Manager's Office completes confidential reference checks on candidates invited to interview. 5. June 24, 2008. Special Council Meeting to interview Town Magistrate candidates. Process to include presentation by Magistrate candidates in public session. Reference check results to be discussed in Executive Session. Town Council interviews candidates and deliberates on selection in Executive Session, selecting a top candidate and alternate(s). In public session, the Town Council directs staff to begin contract negotiations with the top candidate (not identified by name at this time) subject to satisfactory completion of a drug screen and the full background investigation. 6. June 25, 2008. The Town Manager's Office begins contract negotiations with the top candidate and makes a condition job offer pending outcome of a satisfactory drug screen and full background check. The individual receiving this conditional offer of employment will immediately be required to begin the process for the full background investigation by the Marana Police Department, the Arizona Department of Public Safety, and Federal Bureau of Investigation. 7. July 10, 2008. Background investigation and contract negotiations completed. 8. July 15, 2008. Council approval of Magistrate contract; or direction to staff to proceed with the alternate candidate should background or contract negotiations be unsuccessful with the first candidate. Should the latter be the case, council will receive a briefing in Executive Session prior to providing direction to staff. 9. July 21, 2008. Targeted first day of work for new Town Magistrate. Town Magistrate, Town of Marana, Arizona. This is an exceptional opportunity for an attorney who is an active member of the State Bar of Arizona with at least 10 years of experience as a lawyer, judge or hearing officer. This position serves under the administrative direction of the Arizona Supreme Court and the Chief Judge of the Pima County Superior Court and is responsible for the fair and impartial administration of justice in the Marana Municipal Court. In addition, this position is responsible for managing municipal court operations and directing a staff of 13. This is a contractual position appointed by the Marana Town Council for a two year term, with the option of renewal based on satisfactory job performance. The position requires a Juris Doctor (JD) degree from an accredited college of law, admission to the State Bar of Arizona, no prior history of removal for cause from a judicial position and a minimum of 10 years of progressively responsible experience as a practicing attorney, judge or hearing officer. Experience as an attorney, judge or hearing officer in criminal or traffic cases as a member of the State Bar of Arizona and experience managing legal and/or judicial staff as an attorney, judge or hearing officer is highly desirable. An individual receiving a conditional offer of employment from the Town of Marana must pass a drug screen and a background investigation through the Town of Marana Police Department, the Arizona Department of Public Safety, and the Federal Bureau of Investigation prior to commencing employment. Salary is DOQ, the salary range is $90,000 - $102,000. A cover letter, resume and supplemental questionnaire must be submitted by 5:00 p.m. on May 28, 2008. For more information and how to apply, please go to www.Marana.com EO/AA Supplemental Questionnaire Town Magistrate The following questions must be completed and submitted with the application materials for the Town Magistrate position. Failure to provide full and complete responses to these questions will result in disqualification of your application. Completed questionnaires along with a cover letter and resume shall be submitted to: Deb Thalasitis, Assistant Town Manager, Town of Marana, 11555 West Civic Center Drive, Marana, Arizona 85653. Faxes will not be accepted. E-mails may be sent to DThalasitis(~Marana.com 1. Please check the box that most accurately describes your experience: ^ At least 10 years of experience as a practicing attorney, judge, or hearing officer one or more states in the United States ^ At least 10 years of experience as a practicing attorney, judge, or hearing officer in one or more states in the United States ^ I do not have 10 years of experience as a practicing attorney, judge or hearing officer 2. Please check the box that most completely describes your experience: ^ Less than 1 year experience as a practicing attorney, judge or hearing officer in criminal and/or traffic cases in Arizona ^ More than 1 year but less than 3 years experience as a practicing attorney, judge or hearing officer in criminal and/or traffic cases in Arizona ^ More than 3 years but less than 5 years experience as a practicing attorney, judge or hearing officer in criminal and/or traffic cases in Arizona ^ Greater than 5 years experience as a practicing attorney, judge or hearing officer in criminal and/or traffic cases in Arizona 3. Please check the box that most completely describes your experience: ^ Less than 1 year experience as a practicing attorney, judge or hearing officer in criminal or traffic cases in a state other than Arizona ^ More than 1 year but less than 3 years experience as a practicing attorney, judge or hearing officer in criminal or traffic cases in a state other than Arizona ^ More than 3 years but less than 5 years experience as a practicing attorney, judge or hearing officer in criminal or traffic cases in a state other than Arizona ^ Greater than 5 years experience as a practicing attorney, judge or hearing officer in criminal or traffic cases in state other than Arizona 4. Please check the box that most completely describes your experience: ^ Less than 1 year experience in the management and administration of staff as an attorney, judge or hearing officer ^ More than 1 year but less than 3 years experience in the management and administration of staff as an attorney, judge or hearing officer ^ More than 3 years but less than 5 years experience in the management and administration of staff as an attorney, judge or hearing officer ^ Greater than 5 years in experience in the management and administration of staff as an attorney, judge or hearing officer 5. Please check the box that most completely describes your experience: ^ Less than 1 year experience in the management and administration of staff in a management/supervisory position other than as an attorney, judge or hearing officer ^ More than 1 year but less than 3 years experience in the management and administration of staff in a management/supervisory position other than as an attorney, judge or hearing officer ^ More than 3 years but less than 5 years experience in the management and administration of staff in a management/supervisory position other than as an attorney, judge or hearing officer ^ Greater than 5 years in experience in the management and administration of staff in a management/supervisory position other than as an attorney, judge or hearing officer 6. Please list your job title, employer's name, employer's full address and dates of employment (MM/YYYY) for all employment as an Attorney at Law in the practice of criminal law or adjudicator of criminal law. 7. Please list your job title, employer's name, employer's full address and dates of employment (MM/YYYY) for all employment as an Attorney at Law in the practice of law or adjudicator of law other than criminal law. 8. Please list your job title, employer's name, employer's full address and dates of employment (MM/YYYY) for all employment involving the management and supervision of staff as an attorney or judge. 9. Please list your job title, employer's name, employer's full address and dates of employment (MM/YYYY) for all employment involving the management and supervision of staff in a management/supervisory position other than as an attorney or judge. 10. Have you ever been removed or suspended for cause from a judge position in any jurisdiction? ^ Yes ^ No 11. Please provide your registration number for the State Bar of Arizona and the date you were admitted to the bar (MM/DD/YYYY). 12.Applicant understands and agrees that workplace harassment, whether on the basis of sex, race, national origin, age, religion or disabilities will not be tolerated and is cause for immediate discharge. Applicant understands that employees have an affirmative obligation to report any unlawful harassment and they will not be disciplined for the good faith reporting of any incident. Have you ever been accused or been the subject of an investigation by an employer of unlawful discrimination, workplace violence or a hostile work environment? ^ Yes ^ No If yes, please explain: I hereby certify, under penalty of perjury in the State of Arizona, that my response to this Supplemental Questionnaire contains no willful misrepresentation and that the information given is true and complete to the best of my knowledge and belief. I understand that falsification of this application will be grounds for elimination from further consideration or, if employed, for dismissal at any time. I authorize my previous employers and all schools or educational and technical institutions that I have attended to furnish the Town of Marana my record, reason for leaving and all information they may have concerning me. I hereby release any such current or former employers or institutions, their agents or employees and the Town of Marana from all liability for any damage whatsoever arising there from. I understand that if I receive a conditional offer of employment for the position of Town Magistrate, I will submit to a drug screen and full and complete background investigation by the Town of Marana. I authorize an investigation of all statements in this application. Date: Signature of Applicant Printed Name: Address: City/State/Zip: Contact Phone: Email: Human Resources Department Position Title: Presidin Ma istrate De artment: Courts Job Code: 0700 eDOT code: 111.107-010 Workers Com ensation code: 8810 EEOC Code: 1 Re orts to: Arizona Su reme Court Salar Ran e: $90,000 - $102,000 ® Exem t ^Non-Exem t ®Full-time ^ Part-time Contractual - A ointed B Town Council ^ Classified ®Unclassified Revision Date: Ma 13, 2008 Position Summary: The Presiding Magistrate manages and directs the Municipal Court operations subject to legislative requirements and rulings from higher judicial bodies. The Presiding Town Magistrate shall take reasonable measures to assure prompt disposition of cases, proper performance of other judicial responsibilities, and efficient and effective management of the Court. This classification has been designated as anon-classified, at-will position. Work is performed in accordance with the provisions of applicable laws and is subject to review by a higher court. The Presiding Town Magistrate is appointed by the Town Council to a specified term and is subject to the requirements and provision of any Agreement with the Town Council. Essential Job Functions: (Essential functions, as defined under the Americans with Disabilities Act, may include the following tasks, knowledge, skills, and other characteristics. This list of tasks is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class.) Tasks: Presides at arraignments, trials, and special hearings. Reviews and supervises the maintenance of the trial docket. Hears and disposes of cases, including determining fines, setting bail, and issuing orders regarding the disposition of arrested persons; and determining sentences to be imposed. Elicits pertinent information and confines witnesses and litigants to relevant issues. Discusses the social implications of offenses with defendants. Approves bonds and signs criminal warrants and other legal documents. Enters legal decisions into the court file. Analyzes evidence and data presented in court and applies existing law. Conducts legal research to determine applicable laws to a given set of circumstances. Conveys legal opinions to defendants, attorneys, and Town Court staff. Confers with attorneys. Gives information on citizens' rights, and court procedures and policies. Supervises and directs the activities of the Court and judicial staff including assigning case loads, counseling in procedural matters, and evaluating performance. Directs the work of the Court Administrator who manages the day-to-day operations of the court support functions including supervision of administrative personnel, evaluating performance of administrative personnel, development and management of the annual court budget, and implementation of judicial orders and direction involving the operation of the Court. Communicates with subordinates, other Town employees, attorneys, representatives from other agencies, and the general public to establish and maintain effective working relationships. ~*~'"~ ~ 1 r f` Human Resources Department Responds to inquiries from the Mayor, Town Council, and other public officials. Represents the Town Court at meetings with other judicial agencies. Supervision Exercised: Judicial Ethics and Standards -Ensure that the Court and all court employees adhere to the standards of judicial ethics and conduct as prescribed by the Supreme Court of Arizona. Immediately seek guidance from higher judicial authorities concerning questions or matters of ethics or conduct. Exemplify ethical conduct and actions through the exercise of sound professional judgment in the management of the Bench and through the oversight of the Court. Work Standards and Schedules -Direct the Court Administrator in the establishment of work standards and schedules and ensure their effective implementation. Oversee the Court Administrator in the assignment of work to employees and directly train employees and judicial staff courtroom procedures; review work for adequacy and direct or take steps to correct inadequate performance. Staff and Resource Management -Direct the Court Administrator in the management of positions and personnel to make the best use of resources including the selection and training of employees, succession planning for key personnel and the administration of discipline and performance management in accordance with the Town's Human Resources policies, guidelines and procedures. Performance Appraisals -Ensure that evaluations are conducted by the Court Administrator for assigned staff. Reviews staff performance appraisals with the Court Administrator. Prepare and conduct performance appraisals on the Court Administrator, judicial staff and other direct reports. Determine meritorious salary increases within adopted guidelines. Essential Job Requirements: Education: A Juris Doctor (JD) degree from an accredited college of law. Experience: A minimum of 10 years of progressively responsible experience as a practicing attorney, judge or hearing officer. No prior history of removal for cause from a judicial position. Experience as an attorney, judge or hearing officer in criminal or traffic cases as a member of the State of Bar of Arizona and experience managing legal and/or judicial staff as an attorney, judge or hearing officer is desirable. Special Job Requirements: Admitted to the practice of law by the State Bar of Arizona. An individual receiving a conditional offer of employment from the Town of Marana must pass a drug screen and a background investigation through the Town of Marana Police Department, the Arizona Department of Public Safety, and Federal Bureau of Investigation prior to commencing employment with the Town of Marana. Knowledge: Arizona criminal law, Town of Marana ordinances, and related laws and regulations. Various correctional methods and their successes; and Underlying social factors involved in cases coming before the Court. Knowledge of the practices and acceptable principles of sound financial and personnel management. Knowledge of the Arizona court rules of professional conduct. Ability to: Adhere to demonstrate and uphold the highest ethical standards and conduct. Communicate effectively, verbally and in writing. Develop long and short range plans. Manage, administer and coordinate the activities and functions of a court. Plan for and implement organizational and procedural improvements within a complex system of multiple functions. Resolve operational and procedural problems. Maintain a professional demeanor during stressful situations. Establish and maintain effective working relationships with the public, town personnel, and interested and affected parties. Respond to citizen requests in a courteous and effective manner. Make sound and reasonable decisions in accordance with laws, ordinances, regulations and established procedures. Perform a wide variety of duties and responsibilities with accuracy and speed under the pressure of time-sensitive deadlines. Demonstrate integrity, ingenuity and inventiveness in the performance of assigned tasks. Required Skills: Management and supervision of staff. Presiding over arraignments, trials, and special hearings to hear and dispose of cases; Analyzing evidence and data presented in court and applying existing law; Financial management and oversight of the annual budget. Effective verbal and written communication. 3 ~~ Human Resources Department Conflict resolution and/or mediation skills. Effective public speaking skills. Working Conditions: Work is performed in normal office setting. Noise level is moderate, primarily from office machines. The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable qualified individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and turn, and talk or hear, use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. 4 SOWN OF TOWN COUNCIL ~-y' ~`-=~~ MEETING TOWN OF MARANA 9 MARa,NA ; INFORMATION gR1ZOl+p MEETING DATE: May 13, 2008 AGENDA ITEM: F. 2 TO: MAYOR AND COUNCIL FROM: Mike Reuwsaat, Town Manager SUBJECT: Resolution No. 2008-63: Relating to Administration; approving and authorizing an appropriation from the Town's contingency fund to the budget of the Office of the Town Manager for travel and expenses related to the All-American Cities competition; approving the receipt of unanticipated revenue from community sponsorships for the All-American Cities competition; and declaring an emergency. DISCUSSION The Town has been invited to compete for the All-America City Award in Tampa, Florida on June 4 - 6, 2008. Marana is one of 16 finalists for this prestigious award. More than 60 municipalities from across the country entered the competition, so Marana is in elite company just by making the finals. The All-America City Award has been sponsored by the National Civic League since 1949 and recognizes communities each year for collaboration, inclusiveness, and successful innovation. Designation as an All-America City demonstrates proven success in community-wide civic accomplishments, cross-sector cooperation, grassroots participation and creative approaches to issues such as the need for low-income housing, support for at-risk youth, downtown revitalization and healthcare for the uninsured. The All-American City designation is a recognizable tool in economic development efforts-the sign of a community's ability to create partnerships at all levels that is beneficial to businesses and residents alike. The Town's presentation strategy for the competition includes bringing representatives from the community who are making a difference in Marana. After considering dozens of qualified candidates, the following outstanding community representatives have been invited to help the Town make its presentation to the panel of judges: ^ Kristin Bourget: The Marana High School science instructor was the State of Arizona's 2007 teacher of the year. ^ Paul Bigelow: Representing the business community as owner of a successful Marana business, the Texas Roadhouse restaurant, who will become president of the Marana Chamber of Commerce Board in July. ^ David Martinez: The University of Arizona senior is a Marana High graduate and serves as one of only two student representatives on the Arizona Board of Regents. {00009184.DOC/}All American City Award S/10/2008 12:35 PM EM Chuck and Dominique Aquilina: Dominique is a 10-year-old Marana Junior Rodeo champion and Chuck is her proud father and chaperone on the trip. Representing the Town will be Mayor Ed Honea, Police Department Lt. Roberto Jimenez, Community Development Director T VanHook and her assistant, Monica Valdenegro, and Management Intern Rebecca Kunsberg. FINANCIAL IMPACT The estimated total cost of the effort is $29,099 which includes staff time of $6,307 (in-kind), $12,580 in travel, $9,113 in materials and supplies, $800 in shipping/brochure costs and $300 in registration. In recognition of the value of this award to the business community, the Town expects to receive an estimated $15,000 in business sponsorship to help underwrite the cost of competing for this award. The remaining $14,099 will be paid for out of budget savings in the Town Manager's Office and the Community Development Department. The attached resolution appropriates $15,000 from Contingency to the Town Manager's Office and receives $15,000 of unanticipated revenue in FY 2008. ATTACHMENTS Schedule of estimated costs (Exhibit A). RECOMMENDATION Staff recommends approval of Resolution No. 2008-63. SUGGESTED MOTION I move to approve Resolution 2008-63. (00009184.DOC /} -2- MARANA RESOLUTION N0.2008-63 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING AN APPROPRIATION FROM THE TOWN'S CONTINGENCY FUND TO THE BUDGET OF THE OFFICE OF THE TOWN MANAGER FOR TRAVEL AND EXPENSES RELATED TO THE ALL-AMERICAN CITIES COMPETITION; APPROVING THE RECEIPT OF UNANTICIPATED REVENUE FROM COMMUNITY SPONSORSHIPS FOR THE ALL- AMERICAN CITIES COMPETITION; AND DECLARING AN EMERGENCY. WHEREAS Marana is one of seventeen finalists out of over sixty entrants for the prestigious All-American Cities designation awarded by the National Civic League annually; and WHEREAS in recognition of the value of this designation the business community has invested in sponsorships to assist the Town in attending this competition; and WHEREAS the Town Council desires to participate in the All-American Cities award competition by sending a delegation representative of the staff and the community to the competition. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves an Appropriation from the Contingency Fund to the Town Manager's Budget of $15,000 for travel and related expenses. SECTION 2. The Town Council hereby approves unanticipated revenues in the amount of $15,000 from community sponsorships for the All American City Award competition. SECTION 3. The Town's Manager and staff are hereby directed and authorized to undertake the remaining expenses for the All-American Cities Award competition as outlined in the attached budget from budget savings accruing to the Town Manager and Community Development Department budgets. SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. {00009182. DOC /} JF S/12/08 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 13th day of May, 2008. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00009182.DOC /} JF 5/12/08 2 EXPENSE CATEGORY BASIS ANNUAL EXPENS PERSONNEL EVENT Position FTE Sala EXPENSE Community Development Director 0.02 Housing and Grants Coordinator~ao nrs> 0.04 Management Intern~~2on~s~ 0.06 Mayor 0.02 Police Lt. 0.02 0.14 TOTAL PERSONNEL $ 4,828 FRINGE BENEFITS BASIS Social Security Tax @ 6.20% $ 299 Medicare Tax @ 1.45% 70 Unemployment @ 1.17% of 1ST $7K 56 Workman's Comp @ 0.49% 24 Health Insurance @ 3379/yr/fte 481 Dental Insurance @ 261/yr/fte 37 Life/Disability Insurance @ 336/yr/fte 48 Retirement @ 9.6% Gross Salary 463 TOTAL ERE $ 1,479 TRAVEL Airfare Tucson -Tampa $359/Person x 7 & $287/Person x 3 $ 3,374.00 Hotel (Tampa Marriot) $760/Room x 8 rooms 6,080 Shuttle Services Per Estimate -National Conference 100 Per Diem $54/Day x 5 Days x 10 Attendees 2,700 Staff Mileage 150 mi @ $0.505/mi 76 Parking Per Estimate 250 TOTAL TRAVE $ 12,580 TOTAL EQUIPMENT No Equipment Purchased for Event TOTAL EQUIPMENT $ - MATERIALS AND SUPPLIES Display Board Per Estimate $ 1,500 Lapel Pins $.75 x 750 563 Conference Bags $6 each x 500 3,000 Cotton Candy Bales $1.00 each x 750 750 Shirts/Props $80 Attendee x 10 800 Food/Other Giveaways Per Estimate 2,500 MATERIALS AND SUPPLIES $ 9,113 OTHER Conference Advertisement Half Page $500 $ 500 Shipping Material and Supply Transport 300 Conference Registration 5 Free $60 for 5 300 TOTAL OTHER $ 1,100 TOTAL DIRECT CHARGES $ 29,099