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HomeMy WebLinkAboutOrdinance 2001.08 Amending chapter 5 of the town code and adopting amendments to articles 3-1 and 3-2 F. ANN RODRIGUEZ I RECORDER RECORDED BY: VLW DEPUTY RECORDER 7995 ROOA DOCKET: 11556 PAGE: 2840 NO. OF PAGES: 4 SEQUENCE: 20011010944 OS/24/2001 ORDIN 16:45 ~ 'SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2001.08 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AMENDMENTS TO CHAPTER 5 (MUNICIPAL COURT) OF THE TOWN CODE AS MADE INTO PUBLIC RECORD UNDER RESOLUTION 2001-57, AND ADOPTING AMENDMENTS TO ARTICLES 3-1 (OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES) AND 3-2 (OFFICERS AND OTHER POSITIONS) OF THE TOWN CODE, WHICH ESTABLISH TWO DEPARTMENTS WITHIN THE MARANA MUNICIPAL COURT. WHEREAS, the Town Council did approve Ordinance No. 96.10, which adopted Chapter 5 of the Town Code entitled "Municipal Court"; and, WHEREAS, the Town Council did approve Ordinance No. 96-14, which adopted Article 3-1 of the Town Code entitled "Officers, Department Heads, and Employees"; and, WHEREAS, the Town Council did approve Ordinance No. 98.22, which adopted Article 3-2 of the Town Code entitled "Officers and Other Positions"; and, ~ WHEREAS, the Town Council has amended the Town Code from time to time; and, WHEREAS, the Mayor apd Council ofthe Town of Maran a have determined that continued growth in the Municipal Court, it is in the Town's best interest to establish two departments within the Marana Municipal Court; and, WHEREAS, changes to Chapter 5 and Articles 3-1 and 3-2 are necessary to establish two departments within the Marana Municipal Court. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. Chapter 5 of the Marana Town Code is hereby amended by adopting that certain document entitled "AMENDMENTS TO CHAPTER 5 (MUNICIPAL COURT)," three copies of which are on file in the office ofthe Town Clerk, having been made a public record by adoption of Resolution 2001-57. : .:. - -' Section 2. Section 3-1-2(C) of the Marana Town Code is hereby amended as follows, with additions in ALL CAPITAL LETTERS: c= - Section 3-1-2 Positions Appointed by the Town Council, Town Manager & Department Heads Marana, Arizona Ordinance No, 2001, Qg Page 1 of 4 I( - C. The following positions shall be appointed from time to time by the town manager, and shall be employed at the will of the town manager. These positions shall have no term of office, shall be at will, and shall report directly to the town manager. ,...-.. 1. Assistant Town Manager 2. Airport Manager 3. Town Engineer 4. Works Director 5. Parks & Recreation Director 6. Chief of Police 7. Development Services Administrator 8. Budget & Finance Director 9. Planning Director 10. Building Official 11. Utilities Director 12. Human Resources Director 13. Town Clerk/town Marshall 14. COURT ADMINlSTRATOR 15. All Other Department Heads Section 3. Section 3-1-3(B) of the Marana Town Code is hereby amended as follows, with additions in ALL CAPITAL LETTERS: Section 3-1-3 B. ,~ Classification of Employees Unclassified Service. Persons compnsmg unclassified service are part of a responsive management team which exists to carry out the goals and policies ofthe town. Any personnel manual or similar document shall not apply to unclassified employees, and such employees shall be considered "at-will" employees. "At-will" employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment, and do not have access to the grievance procedures. Unclassified employees are not subject to the salary schedule, and shall be paid according to performance and qualifications, to be determined by the appointing authority (either the town council or the town manager). However, such employees except the town manager shall receive any general salary increases which may be granted from time to time. The following shall be unclassified employees: . 1 l. 2. 3. Assistant Town Manager; Airport Manager; Town Manager; Marana, Arizona Ordinance No. 2001-xx Pagel.2,of 4 "'. - 4. Town Clerk/Town Marshall; 5. Town Engineer; 6. Development Services Administrator; 7. Town Attorney; 8. Parks & Recreation Director; 9. Planning Director; 10. Public Works Director; 11. Human Resources Director; 12. Building Official; 13. Chief of Police; 14. Budget & Finance Director; 15. Utilities Director; 16. COURT ADMINISTRATOR; 17. All Other Department Heads. Section 4. Section 3-2-8(A) of the Marana Town Code is hereby amended as follows, with additions in ALL CAPITAL LETTERS: .t~ Section 3-2-8 Other Department Heads A. Office Established. The positions of Development Services Director, Budget and Finance Director, Building Official, Human Resources Director, Planning Director, Police Chief, Public Works Director, Parks & Recreation Director, Utilities Director, COURT ADMINISTRATOR, and other department heads designated by the Town Manager are hereby created and established. These department heads shall be appointed, suspended or removed by the town manager and shall perform their duties under the general and specific direction of the town manager. Section 5. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portions of the Town Code. Section 6. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions ofthe council in conflict with the provisions of this ordinance are hereby repealed, effective as ofthe effective date of this ordinance. 5 b Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. =:.f " , -...,. '" "'..-.. Marana, Arizona Ordinance No. 2001-xx Pagel Jof 4 .w~ PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 22nd day of May, 2001. ATTEST: APPROVED AS TO FORM: ~",'nr'",~ ~...\.OF~ ~ ~~~\'''"''''I'''~~ sO ~~ ~ ~ ::: J.:.I cORPORAri'tt ~ -::: C)OQ~- - = = - - o::;SEAL;:: - ~" ~;: iI"'!: ~ ~:!IIi ~ ~::'II"II\\~ ~ ~r(IZ 19'1 '~~ ~/II'Il\\\~ - Daniel J. Hochuli, Esq. . As Town Attorney and not personally ~ ;0 .- Marana, Arizona Ordinance No. 2001-xx Pagel4.of 4 AMENDMENTS TO CHAPTER 5 MUNICIPAL COURT Article 5-1 MUNICIPAL COURT ESTABLISHED; JURISDICTION Section 5-1-1 JURISDICTION There is hereby established in the town a municipal court which shall have jurisdiction of all violations of this code, other town ordinances, and jurisdiction concurrently with justices of the peace of precincts in which the town is located of violations of laws of the state committed within the limits of the town. Section 5-1-2 MUNICIPAL COURT DEPARTMENTS THERE ARE HEREBY ESTABLISHED WITHIN THE MUNICIPAL COURT: A MAGISTRATE DEPARTMENT, CONSISTING OF THE TOWN MAGISTRATE, THE NECESSARY SUPPORT STAFF TO THE TOWN MAGISTRATE, ANY ASSISTANT TOWN MAGISTRATES, ANDALLJUDGES PRO TEMPORE; ANDACOURT ADMINISTRATION DEPARTMENT, CONSISTING OF THE COURT ADMINISTRATOR AND ALL OTHER COURT PERSONNEL. Article 5-2 PRCSIDING OrnCCR MAGISTRATE DEPARTMENT Section 5-2-1 Town magistrate There shall be appointed by the council a town magistrate and such assistants as are necessary for the performance of the office. THE TOWN MAGISTRATE SHALL SERVE AS THE DEPARTMENT HEAD OF THE MAGISTRATE DEPARTMENT. The town magistrate shall be appointed by the town council to a two year term beginning July 1 of each even numbered year and automatically expiring on June 30 ofthe next-following even numbered year. During said term, the town magistrate and assistant magistrates may be removed only for cause. The provisions of this article shall not apply to special magistrates or acting magistrates appointed by the council, for the purposes of hearing a particular case, or as a substitute for the town magistrate in the town magistrate's absence. Section 5-2-2 Powers and duties of town magistrate A. IN ADDITION THE POWERS AND DUTIES OF A DEPARTMENT HEAD, the powers and duties of the magistrate shall include: 1. A. The powers and duties set forth and conferred upon him or her under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. 2. The keeping of a docket in ",",hich shall be entered each action and the proceedings of the court therein. B. THE SUPERVISION OFTHEASSISTANTTOWN MAGISTRATES, JUDGES PRO TEMPORE, MAGISTRATE'S ASSISTANTS, AND OTHER_pERSONNEL OF THE MAGISTRATE DEPARTMENT. 3. C. The responsibility for fixing and recei'y'ing all bonds and.. bails and receiving all fines, penalties, fees and other monies as provided by law. 4. rayment of all f-ees, fines, penalties and other monies collected by the court to the to'V'v'n treasurer, excepting JCer funds which shall be maintained and distributed by the court. S. Submitting a monthly report to the council summarizing court acti'y'ities for that month. 6. D. Preparation of a schedule of traffic violations not involving the death of a person, listing specific bail for each violation. 7. E. Designation of a deputy other than a law enforcement officer and a specific location at which the deputy shall, during hours when court is not open, set the amount of bail in accordance with the foregoing schedule and collect such bail, or accept proper bail bonds in lieu thereof, for and on behalf of the court. B. F. Preparation of a schedule of civil traffic violations listing a specific deposit for each violation. Section 5-2-3 Hearing officers The magistrate, with the approval of the council, may appoint one or more hearing officers to preside over civil traffic violation cases when the appointment of such hearing officers is necessary to assure prompt disposition of civil traffic violation cases. Hearing officers may hear and dispose of civil traffic violation cases under supervision of the presiding officer of the municipal court which are appealable to the superior court pursuant to Title 22, Chapter 2, Article 4, Arizona Revised Statutes. Article 5-3 COURT ADMINISTRATION DEPARTMENT Section 5-3-1 COURT ADMINISTRATOR THERE SHALL BE APPOINTED BY THE TOWN MANAGER A COURT ADMINISTRATOR. THE COURT ADMINISTRATOR SHALL SERVE AS THE DEPARTMENT HEAD FOR THE COURT ADMINISTRATION DEPARTMENT. Section 5-3-2 POWERS AND DUTIES OF COURT ADMINISTRATOR IN ADDITION TO THE POWERS AND DUTIES OF A DEPARTMENT HEAD, THE POWERS AND DUTIES OF THE COURT ADMINISTRATOR SHALL INCLUDE: A. THE SUPERVISION OF THE COURT CLERK IN THE KEEPING OF A DOCKET IN WHICH SHALL BE ENTERED EACH ACTION AND THE PROCEEDINGS OF THE COURT THEREIN. B. THE RESPONSIBILITY FOR RECEIVING ALL BONDS AND BAILS FIXED BY THE TOWN MAGISTRATE AND RECEIVING ALL FINES, PENALTIES, FEES AND OTHER MONIES AS PROVIDED BY LAW. C. PAYMENT OF ALL FEES, FINES, PENALTIES AND OTHER MONIES COLLECTED BY THE COURT TO THE TOWN TREASURER, INCLUDING JCEF FUNDS. D. SUPERVISION OF ALL PERSONNEL WITHIN THE COURT ADMINISTRATION DEPARTMENT. E. OTHER REASONABLE DUTIES AS ESTABLISHED BY JOB DESCRIPTION OR AS DETERMINED THE COUNCIL OR TOWN MANAGER. Section 5-3-3 PERSONNEL THE COURT ADMINISTRATION DEPARTMENT SHALL CONTAIN THE FOLLOWING PERSONNEL, UNDER THE SUPERVISION OF THE COURT ADMINISTRATOR: A. THE CLERK OF THE COURT, WHO SHALL BE RESPONSIBLE FOR MAINTAINING THE COURT'S DOCKET AND WHO SHALL RECEIVE ALL BONDS, BAILS, FINES, PENALTIES, FEES AND OTHER MONIES AS PROVIDED BY LAW THAT ARE PAID TO THE COURT. B. THE COURT BAILIFF AND/OR MARSHALL, WHO SHALL BE RESPONSIBLE FOR MAINTAINING THE ORDER OF THE COURT. C. ANY OTHER PERSONNEL NECESSARY TO THE FUNCTIONING OF THE DEPARTMENT. Article 5-3 Article 5-4 PROCEEDINGS OF COURT Section 5-3-1 Section 5-4-1 Rules of court The proceedings of the court shall be conducted in accordance with the state constitution, the applicable state statutes and rules of the state supreme court pertaining to municipal courts. The proceedings shall also be conducted in accordance with the rules of criminal procedure for the superior court, unless otherwise prescribed, and providing this code and resolutions of the town are not in conflict therewith. Section 5-3 2 Section 5-4-2 Complaint The municipal court proceedings shall be commenced by complai!l.t under oath and in the name of the state setting forth the offense charged with and such particulars of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of and to answer the complaint. Article 5 4 Article 5-5 JURY SYSTEM Section 5-4-1 Section 5-5-1 Formation of jury The formation, summoning, drawing, disposition of names and the impaneling of jurors in the municipal court shall be accomplished in the same manner as provided for in courts of record as more fully set forth in Title 21, Chapter 3, of the Arizona Revised Statutes. Section 5-4-2 Section 5-5-2 Selection of jurors For the selection of potential jurors, the list of registered voters shall be furnished by the clerk of the board of supervisors of Pima County. Article 5 5 Article 5-6 FEES Section 5-5-1 Section 5-6-1 Fee schedule for court costs A. The following fees are established to recover costs associated with the fees charged to the town treasury for returned checks and additional costs incurred due to court non-appearance. 1. The fee for the taking of a default judgment shall be thirty-eight dollars ($38.00). 2. The fee for all returned checks shall be twenty dollars ($20.00) per item. B. The following fees are established to allow the municipal court to impose and collect new court fees and allocate charges to defendants who incur them. These fees shall be imposed in addition to fees otherwise assessable by statute. 1. Any person who has been convicted of a misdemeanor criminal offense in the Marana Town Court and sentenced to a term of incarceration in any detention facility authorized by law shall be required to pay a jail reimbursement fee in the amount actually paid by the town for such incarceration. ,,,,",A- 2. Upon a defendant's conviction at trial or conviction by plea agreement the Marana Town Court shall impose a one-time per citation prosecution fee against each defendant in an amount set forth below: i. the prosecution fee for a misdemeanor citati(:ln shall be ten ($10.00) dollars. ii. the prosecution fee for a violation of Title 28, Chapter 4, Arizona Revised Statutes, shall be thirty-five ($35.00) dollars. iii. a prosecution fee of a higher or lower amount may be imposed as set forth in a written plea agreement and based upon the actual cost of prosecution services and the indigent status of the defendant. 3. An administrative warrant fee in the amount of twenty ($20.00) dollars shall be imposed to cover the Marana Town Court's costs for processing such warrants when a Marana Town Court magistrate issues a warrant for failure to comply with a court order, failure to pay a fine, failure to pay restitution or failure to appear. 4. The Marana Town Court shall impose a court improvement fee in the amount of five ($5.00) dollars per citation which shall be applied by the Court on all fines, sanctions, penalties and assessments imposed by the Court with the exception of parking violations. 5. A suspension fee in the amount of fifteen ($15.00) dollars shall be imposed for each suspension of a person's driver's license issued by the Marana Town Court. Any person who has had a suspension issued by the court for failure to appear in a civil traffic violation case or for failure to satisfy in full a civil sanction imposed in a civil traffic violation case shall be required to pay this fee to the court for the cost of issuing and servicing the suspension. This fee shall be applied to each suspension issued. 6. A jury cancellation fee shall be imposed on any party who requests a jury trial within the Marana Town Court, if within five (5) days of the trial and after the Court has arranged for the paneling of a jury, the party decides to not proceed with the jury trial. The amount of the jury cancellation fee shall be the actual costs incurred in connection with the canceled paneling which at present time varies between one hundred and four hundred ($100.00 - $400.00) dollars. 7. An abstract fee of ten ($10.00) dollars shall be assessed upon each person requesting a court abstract for the purpose of reinstating a driver's license whether the driver's license was suspended as a result of a civil or criminal violation. 8. In addition to any other remedy allowed by law, the town attorney is authorized to institute any appropriate action for recovery of any and all monies owed or due to the Marana Town Court including, but not limited to, restitution, fees, sanctions, surcharges, assessments, penalties, bonds, costs, and fees. A defendant who defaults in his or her obligation for the ".,..,.... payment of monies owed or due to the court is liable for all costs of collection including attorney fees and costs, and fees and charges assessed by a collection agency licensed pursuant to Title 32, Chapter 9, Arizona Revised Statutes, that is engaged to collect and enforce such obligation. C. The Magistrate shall retain the power to waive all or any part of fee assessments if any of the following conditions apply: 1. The defendant is found by the Marana Town Court to be indigent; 2. The fee imposed upon a defendant causes a hardship on the defendant or the defendant's immediate family; or 3. In the opinion of the Magistrate such waiver would be in the interest of justice. D. There is hereby established a court improvement fund which shall be used exclusively to enhance the technological, operational and security capabilities of the Marana Town Court. The court improvement fund shall be established as a designated fund account with the town treasurer. The Court shall collect the court improvement fees as defined in this section and deposit them in the court improvement fund account. The town treasurer shall invest the monies in the fund in the same manner as town funds. Interest earned on fund monies shall be deposited in the fund.