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HomeMy WebLinkAboutOrdinance 96.14 Adopting chapter 3 of the town code relating to administration MARANA ORDINANCE NO. 96.14 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 3 ADMINISTRATION", AS THE THIRD CHAPTER OF THE OFFICIAL TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town of Marana wishes to establish and codify the laws of the town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for the protection and security of its citizens; and WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER 3 ADMINISTRATION" has been made a public record by the adoption of Resolution No. 96-21 on March 5, 1996 by the Mayor and Council of Marana; and WHEREAS, it has been determined that the adoption of that public record herein referred to as "MARANA TOWN CODE, CHAPTER 3 ADMINISTRATION" is in the best interests of the citizens of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana Arizona, as follows: SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 3 ADMINISTRATION", three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record by Resolution No. 96-21 of the Town of Marana, Arizona, is hereby referred to and made a part hereof as if fully set out in this ordinance and is hereby adopted as law, rules and procedures for the Town of Marana. SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. SECTION 3. All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. 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. Marana, Arizona Ordinance 96.14 Page 1 of 2 .-...-. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 5th day of March, 1996. Marana, Arizona Ordinance 96.14 Page 2 of 2 . fo c/.. //' ~:>!\ Mayor ED HONEA / (.1.', C .' ,f ---- fJC]~_o ~ - CHAPTER 3 ADMINISTRATION Article 3-1 OFFICERS IN GENERAL Section 3-1-1 Officers & Other Positions A. There are hereby created the offices of town clerk, town marshall and town engineer. These officers shall be appointed biennially by the town council at its first regular meeting subsequent to the election of the council, upon the recommendation of the town manager. B. There is hereby created the office of town manager who shall be appointed by the council and shall serve at the pleasure of the council. C. There is hereby created the office of town magistrate who shall be appointed by the council for a term as provided in section 5-2-1 of this code. D. There is hereby created the office of town attorney who shall be appointed by the council upon the recommendation of the manager and shall serve at the pleasure of the council. E. There is hereby created the office of chief of police who shall be appointed, suspended or discharged by the manager with the concurrence of the council. F. There are hereby created the following department heads. These positions will be appointed by the manager and work at the pleasure of the manager. 1. Budget and finance director; 2. Public works director; 3. Utilities director; 4. Planning director; 5. Building services director; 6. Human resources director; 7. The manager may from time to time make other appointments as he or she determines are necessary. G. All personnel who are employed under a department head shall be hired by their department head, with the approval of the manager, and shall work at the pleasure of their department head. H. The duties of an employee may be delegated by that employee to a deputy when such deputy position exists. Section 3-1-2 Compensation The compensation of appointed town employees shall be as fixed from time to time by the council or manager. Marana Town Code 3-1 rev. 3196 Section 3-1-3 Bond The council shall require each officer of the town to give bond for the due discharge of his or her duties in such sums and with such security as it may direct and approve as determined by resolution, and the town shall pay the costs of such bond. At the discretion of the council, such bond may be in the form of a blanket bond with such coverage as deemed necessary. Section 3-1-4 Vacancies; HOlding More Than One Office Any vacancy that shall occur in any town position shall be filled by appointment of the appointing authority (town council, town manager, or department head). One person may hold more than one position and the functions of a town official may be validly performed and discharged by a deputy or another town official, or an otherwise qualified individual not holding elected office but employed at the pleasure of the council. Section 3-1-5 Additional Powers and Duties In addition to any powers and duties prescribed in this code, each employee shall have such further powers, perform such further duties and hold such other office as may be provided by the council through ordinance, resolution or order. Article 3-2 OFFICERS AND OTHER POSITIONS Section 3-2-1 Town Clerk A. Office Established. The office of town clerk is hereby created and established. The town clerk shall be appointed by the town council upon the recommendation of the manager and shall perform the duties of the office of town clerk under the general and specific direction of the town council. The clerk shall be appointed biennially at the first council meeting subsequent to the election of the council. B. Bond. The town clerk shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful performance of the duties imposed upon the town clerk as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S. ~9-302 to satisfy this requirement. C. Absence Of Town Clerk. In the absence of the town clerk, the deputy town clerk shall be the acting town clerk, and, if not available, the town manager or other designee of the council shall be the acting town clerk. The acting town clerk shall have the duties and responsibilities of the town clerk as established by law, this code or ordinance. D. Compensation. The town clerk shall receive such compensation as the council shall fix at the time of appointment of the town clerk, and said compensation shall be a proper charge against the funds of the town. The town clerk shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the council by the adoption of its budget. Such reimbursement shall be made only when a verified itemized claim setting forth the sums expended for which reimbursement is requested has been presented. Marana Town Code 3-2 rev. 3196 E. Powers and Duties. The town clerk shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. In addition to the powers and duties set forth above, it shall be the clerk's responsibility and authority to perform the following. 1. The clerk shall keep a true and correct record of all business transacted by the council and any other records that either pertain to the business of the town or that the council directs. The clerk shall number, plainly label, and file separately in a suitable cabinet, all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature. 2. The clerk shall keep convenient for public inspection all public reports and public documents under the control of the clerk, as provided by state statute. 3. The clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the council. 4. The clerk shall prepare or cause to be prepared all minutes of council proceedings and ensure their correctness and accuracy. 5. The clerk shall process, record, file, publish and, if required by state statute, post all ordinances, resolutions, budgets and notices that may be passed by the council. 6. The clerk shall also be the treasurer of the town, and have such duties and responsibilities as prescribed by state law. 7. The clerk shall be the town election official and perform those duties required by state statute and as directed by the council. 8. The clerk shall issue or cause to be issued all licenses that may be prescribed by state statute, town ordinance or this code. 9. The clerk shall perform those administrative responsibilities and duties that are conferred upon the clerk by the council in addition to those specified in town ordinances and this code. Section 3-2-2 Town Marshall The town marshall shall be the town clerk and shall perform such duties as may be required by law and as the council may deem necessary. Section 3-2-3 Town Engineer A. Office Established. The office of engineer is hereby created and established. The town engineer shall be appointed by the town council upon the recommendation of the manager and shall perform the duties of the office of town engineer under the general and specific direction of the town manager. The town engineer shall be appointed biennially at the first council meeting subsequent to the election of the council. B. Bond. The town engineer shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful Marana Town Code 3-3 rev. 3196 performance of the duties imposed upon the town engineer as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S.~9-302 to satisfy this requirement. C. Compensation. The town engineer shall receive such compensation as the council shall fix at the time of appointment of the town engineer, and said compensation shall be a proper charge against the funds of the town. The town engineer shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the manager. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the manager. D. Powers and Duties. The town engineer shall have those powers and duties set forth by state law as well as town ordinance, resolution, order or directive. Notwithstanding the above, the town engineer shall have charge of the town streets and public works and shall perform such duties as may be required by law and such other duties as the council and town manager may deem necessary. Section 3-2-4 Town Manager A. Office Established. The position of town manager is hereby created and established. The town manager shall be appointed by a majority of the council for an indeterminate term. The town manager shall be chosen by the council on the basis of his or her executive and administrative qualifications and his or her knowledge of accepted practice in respect to the duties of the office as hereinafter set forth. The town manager shall serve at the pleasure of the council. B. Bond. The town manager shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful performance of the duties imposed upon the town manager as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S.~9-302 to satisfy this requirement. C. Ineligibility of Council Member. No council member shall be appointed town manager during the term for which he or she has been elected to the council. D. Temoorary Absence. Notwithstanding the above, the council may designate a qualified administrative officer or a member of the council of the town to perform the duties of town manager during the temporary absence or disability of the permanent town manager. E. Permanent Absence. In the event that a town manager is not employed by the town for any period of time due to resignation, discharge, or for any other reason, all duties designated in this code to the manager shall be performed by any individual so designated by the council. F. Removal from Office. The town manager may be removed by the council by a majority of its members without cause upon ninety (90) days notice. The town manager may be removed by the council by a majority of its members with cause upon fifteen (15) days notice. The town manager must give thirty (30) days notice written notice of his or her intention to resign, Marana Town Code 3-4 rev. 3196 provided that the council, upon a majority vote of its members, may waive any or all of this requirement. G. Comoensation. The manager shall receive such compensation as the council shall from time to time determine and fix by ordinance, resolution or motion, and said compensation shall be a proper charge against such funds of the town as the council shall designate. The town manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the council by the adoption of its budget. Such reimbursement shall be made only when a verified itemized claim setting forth the sums expended for which reimbursement is requested has been presented. H. Powers and Duties. Except as otherwise provided herein, the town manager shall be the chief administrative officer and head of the administrative branch of the town government and shall be responsible to the council for the proper administration of all affairs of the town. In addition to the general powers as the chief administrative officer and not as a limitation thereon, it shall be the manager's responsibility and authority to perform the following. 1. The manager shall execute, on behalf of the council, general administrative supervision and control of the affairs of the town. 2. The manager shall attend all meetings of the council with the duty of reporting on or discussing any matter concerning the affairs of the departments, boards, services or activities under his or her supervision, upon which the council should be informed._ Exceptions to attending meetings of the council may be granted upon written request by the town manager and approved by the mayor. 3. Pursuant to the provisions of section 3-1-1, the manager shall appoint and, when necessary, suspend or remove the appointive officers and employees set forth in section 3-1-1. All appointments and removals shall be based upon merit and upon the qualifications or disqualifications of such officer or employee without regard to any political belief or affiliation, and in coordination with the appropriate department head. The power of appointment, suspension or removal of the town clerk, town marshall, town engineer, town attorney, and town magistrate shall be expressly reserved to the council. 4. The manager shall coordinate the administrative functions and operations of the various departments, boards, divisions and services of the town government, and on its behalf carry out policies, rules, regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, boards, divisions or services. ! 5. The manager shall cause to be prepared and submitted to him or her by each department, board, division or service of the town government, itemized annual estimates of expenditures required by them for capital outlay, salaries, wages and miscellaneous operating costs, tabulate the same into a preliminary consolidated municipal budget and submit the same to the council annually on the date specified by it, with his or her recommendations as to any increases, decreases, cancellations, transfers or changes in any of the items included in the preliminary budget. 6. The manager shall supervise the expenditures of all departments, divisions or services of the town government and to act as purchasing agent for the purchase of all supplies, goods, wares, merchandise, equipment and material which may be required for any of such departments, divisions or services. Marana Town Code 3-5 rev. 3196 7. The manager shall analyze and supervise the functions, duties and activities of the various departments, boards and services of the town government and all employees thereof, and make such recommendations to the council with reference thereto, as in his or her judgment will result, if made effective, in the highest degree of efficiency in the overall operation of the town government. 8. The manager shall develop and organize necessary improvement projects and programs and aid and assist the council and the various departments and boards in carrying the same through to a successful conclusion. 9. The manager shall serve as public relations officer of the town government, and follow through and endeavor to adjust all complaints filed against any employee, department or service thereof to the end that every effort may be made to satisfy all citizens that their town government is being operated in their behalf with the highest degree of efficiency. 10. The manager shall cooperate with all community organizations whose aims and purposes it is to advance the interests of the town and its residents and provide them with all reasonable assistance obtainable through the town government within the limitations of the law. 11. The manager shall make and keep an up-ta-date inventory of all personal property owned by the town and recommend to the council the purchase of new machinery, equipment and supplies whenever, in his or her judgment, the same can be obtained at the best- advantage, taking into consideration trade-in value of machinery, equipment, etc., in use. 12. The manager shall make, or cause to be made, studies and surveys of the duties, responsibilities and work of the personnel in the various departments and services of the town government and recommend to the council abolition or consolidation of positions or transfers or removal of personnel, whenever in his or her judgment, such action would increase efficiency in the administration of the town government. 13. The manager shall, in cooperation with the police department, see that all laws and ordinances of the town and the state are duly enforced. 14. The manager shall devote his or her entire work effort to the discharge of his or her official duties. Exceptions to this requirement may be granted by the council acting upon a written request from the town manager. 15. The manager shall perform such other duties as may be required of him or her by the council, not inconsistent with the laws of the state, this code or the ordinances of the town. I. Limitations UDon ResDonsibilitv. The town manager shall not exercise any policy making or legislative functions whatsoever, nor attempt to commit or bind the councilor any member thereof to any action, plan or program requiring official action of the council. It is not intended by this article to grant any authority to, or impose any duty upon, the town manager which is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except herein specifically set forth. J. Conduct. In the discharge of his or her duties as town manager, the person holding such position shall endeavor at all times to exercise the highest degree of tact, patience and Marana Town Code 3-6 rev. 3196 jP- courtesy in his or her contacts with the public and with all town boards, departments and employees and shall use his or her best efforts to establish and maintain a harmonious relationship between all personnel employed in the government of the town to the end that the highest possible standards of public service shall be continuously maintained. Section 3-2-5 Town Magistrate A. Office Established. The office of town magistrate is hereby created and established. The town magistrate shall be appointed biennially by the town council at its first regular meeting subsequent to the election of the council. B. Absence Of Town Magistrate. In the absence of the town magistrate he or she shall be responsible for the provision of a judge pro tempore to act as the town magistrate during the absence of the magistrate. C. Compensation. The town magistrate shall receive such compensation as the council shall fix at the time of appointment of the town magistrate, and said compensation shall be a proper charge against the funds of the town. D. Powers and Duties. The town magistrate shall be the presiding officer of the magistrate court and shall perform those functions necessary to the maintenance of the town magistrate court as provided by state statute and by chapter 5 of this code. Section 3-2-6 Town Police Chief A. Office Established. The position of town police chief is hereby created and established. The town police chief shall be appointed by the manager with the concurrence of the council, and shall be chosen on the basis of his or her ability and/or experience and his or her knowledge of accepted practice in respect to the duties of the office as hereinafter set forth, and shall perform the duties of the office of town police chief under the general and specific direction of the town manager. B. Bond. The town police chief shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful performance of the duties imposed upon the town police chief as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S.~9-302 to satisfy this requirement. C. Absence of Town Police Chief. 1. In the event of the temporary absence or disability of the police chief, the powers and duties of the office shall pass to the officer second in command. In the event of the absence of that officer, the police chief, or if he or she is unable, the the manager, shall then designate an officer of the town to be the temporary acting town police chief. 2. In the event of a vacancy in the office of police chief, such as that created by termination, resignation or death, the manager may assign the powers and duties of the office of police chief to another person until such time that the pOlice chief is replaced. Marana Town Code 3-7 rev. 3196 D. Comoensation. The town police chief shall receive such compensation as the manager shall from time to time determine, and said compensation shall be a proper charge against such funds of the town as the council shall designate. The town police chief shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the manager. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the manager. E. Powers and Duties. The town police chief is the administrative head of the police department of the town under the direction and control of the town manager. He or she shall perform such duties as may be required of him or her by law and as the council may deem necessary. Section 3-2-7 Town Attorney A. Office Established. The position of town attorney is hereby created and established. The town attorney shall be appointed by the town council upon the recommendation of the manager and shall be chosen on the basis of his or her qualifications and knowledge of accepted practice in respect to the duties of the office as hereinafter set forth, and shall perform the duties of the office of town attorney under the general and specific direction of the council. B. Bond. The town attorney shall furnish a surety bond to be approved by the council in such sum as may be determined by the council which shall be conditioned upon the faithful performance of the duties imposed upon the town attorney as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S.~9-302 to satisfy this requirement. C. Comoensation. The town attorney shall receive such compensation as the council shall from time to time determine and fix by ordinance, resolution or motion, and said compensation shall be a proper charge against such funds of the town as the council shall designate. The town attorney shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the manager. Such reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the manager. D. Powers and Duties. 1. The town attorney is the administrative head of the legal department under the direction and control of the council. 2. The town attorney shall act as the legal counselor and advisor of the council and other town officials, as designated by the council, and as such shall give his or her opinions. When requested such opinion shall be in writing. 3. The town attorney shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the council or manager. 4. The town attorney shall approve or disapprove as to form, in writing, all documents submitted to him or her. Marana Town Code 3-8 rev. 3196 I -- 5. The town attorney shall return within ten days all ordinances and resolutions submitted to him or her for consideration by the councilor manager, with his approval or disapproval as to form noted thereOn, together with his reasons therefor if disapproved. 6. The town attorney shall prosecute and defend all suits, actions or causes where the town is a party and report to the council, when required, the condition of any suit or action to which the town is a party. Section 3-2-8 Budget and Finance Director A. Office Established. The position of budget and finance director is hereby created and established. The budget and finance director shall be appointed, suspended or removed by the manager and shall perform the duties of the office of budget and finance director under the general and specific direction of the town manager. B. Comoensation. The budget and finance director shall receive such compensation as the manager shall fix from time to time. C. Duties. The finance director shall receive and safely keep all monies that shall come to the town and payout the same. He or she shall keep a separate record and account of each different fund provided by the council, apportion the monies received among the different funds as prescribed by the council, and keep a complete set of books showing every money transaction of the town, the state of each fund, from what source the money in each fund was derived and for what purpose expended, and he or she shall make monthly reports to the council of all receipts and disbursements and the balance in each fund. At the end of the fiscal year the finance director shall make a fuil and detailed statement of the receipts and expenditures of the town during the year, specifying the different sources of revenue and the amount received from each, all appropriations made by the mayor and council, and the object for which they were made, and the amount of money expended under each, the evidences of indebtedness issued, and what portion remains thereof outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand. The finance director shall further oversee the financial duties and obligations of the town and perform the necessary fiscal duties. Section 3-2-9 Planning Director A. Office Established. The position of planning director is hereby created and established. The planning director shall be appointed, suspended or removed by the manager and shall perform the duties of the office of planning director under the general and specific direction of the town manager. B. Comoensation. The planning director shall receive such compensation as the manager shall fix from time to time. C. Duties. The planning director shall be charged with the responsibilities set forth by the zoning code and the manager, and shall perform the duties of the office of planning director under the general and specific direction of the town manager. Without limitation, the planning director shall perform the following duties: 1. Review all applications for building permits for compliance with provisions of the zoning regulations contained in the land development code, to issue certificates of zoning Marana Town Code 3-9 rev. 3196 '- compliance when such compliance exists and to instruct the building department to not issue a building permit or certificate of occupancy when there has not been compliance. 2. Enforce the zoning provisions of the land development code and, wherever violations of said provisions occur, to request the issuance of citations, to prepare exhibits, testimony or other data which may be needed in such enforcement. 3. Review all applications for subdivisions, condominium projects, mobile home parks and other large-scale developments and advise the planning and zoning omission regarding the completeness of the plans and documents and their compliance with the appropriate provisions of the land development code. 4. Respond to requests for information from the public and town officials regarding details of the town's comprehensive plan and the provisions of the land development code. 5. Keep the land development code and the official zone map current at all times. Section 3-2-10 Building Services Director A. Office Established. The position of building services director is hereby created and established. The building services director shall be appointed, suspended or removed by the manager and shall perform the duties of the office of building services director under the general and specific direction of the town manager. B. Comoensation. The building services director shall receive such compensation as the manager shall fix from time to time. C. Duties. The building services director shall be charged with the responsibilities set forth by this code and the manager, and shall perform the duties of the office of building services director under the general and specific direction of the town manager. Without limitation, the building services director shall perform the following duties: 1. Enforce the provisions of chapter 7 of this code; 2. Review all applications for building permits for compliance with the building codes, issue building permits, certificates of compliance, and other required permits; 3. Consult with the town attorney whenever violations of the building codes occur, and request the issuance of citations, issue stop-construction orders and prepare exhibits, testimony or other date which may be needed in the enforcement of the building codes. Section 3-2-11 Other Department Heads A. Office Established. The positions of public works director, utilities director, and human resources director are hereby created and established. These department heads shall be appointed, suspended or removed by the manager and shall perform their duties under the general and specific direction of the town manager. B. Comoensation. These department heads shall receive such compensation as the manager shall fix from time to time. Marana Town Code 3-10 rev. 3196 C. Duties. These department heads shall be charged with the responsibilities set forth by the manager, and shall perform the duties of their office under the general and specific direction of the town manager. Article 3-3 PERSONNEL POLICIES Section 3-3-1 Creation and Scope The town council shall adopt a personnel system for the employees of the town, the provisions of which apply to all employees of the town except elected officials, persons engaged under contract to supply expert, professional or technical services, and volunteer personnel who receive no regular compensation from the town. The town council may adopt rules and procedures pertaining to the officers of the town appointed directly by the council Section 3-3-2 Conditions of employment The appointment, promotion and tenure of every employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned. No employee or applicant shall be discriminated against on the basis of race, color, religion, sex or political affiliation. Section 3-3-3 Rules and Regulations The council may adopt rules, regulations and policies to give effect to this article, which may be modified or changed from time to time, but such rules and regulations shall follow the generally accepted principles of good personnel administration. Section 3-3-4 Political contributions No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain. Article 3-4 PURCHASING Section 3-4-1 Scope of Article This article shall govern the purchase of any goods or services for or on behalf of the town. This article is intended to supplement state law, however should applicable state law provide mQre strict provisions regarding any proposed transaction, those more stringent provisions shall apply. Section 3-4-2 Council Approval; When Required A. Notwithstanding other provisions of this article, no purchases shall be made by or on behalf of the town without first obtaining council approval in the following instances: 1. Where prior approval is required by state law or town code; 2. Where funds for the purchase are not provided in the budget as adopted; Marana Town Code 3-11 rev. 3196 Section 3-4-3 Purchasing Director; Duties A. The manager shall serve as the purchasing director and shall direct and control all purchases of goods and services made by or on behalf of the town. The purchasing director may delegate his or her administrative function. B. The purchasing director shall approve or deny all purchase requests and shall report to the council on any purchase requiring council approval. Section 3-4-4 Emergency Purchases; Procedure In case of an emergency which requires immediate purchase of supplies or services and when time is of the essence and applicable state law does not provide otherwise, the mayor shall be empowered to authorize the purchasing director to acquire goods or services without complying with the requirements and procedures in this article. A full report of the circumstances of such emergency and the goods or services obtained shall be made to the council at its next regular meeting. Section 3-4-5 Purchases In General; Bids A. Purchases Under $1.000. Whenever the contemplated purchase or contract for services is for the sum of less than $1,000, upon completion of a requisition form and purchase order form, the purchasing director may obtain the goods or services without further formality. B. Over $1.000 But Under $10.000 Inclusive. Whenever any contemplated purchase or contract for services is for the sum of at least $1,000 but not more than $10,000, the purchasing director is authorized to let contracts on an "informal bid" process, by obtaining at least three bids by phone or in writing. The purchasing director may then award the purchase or contract of service to the lowest responsible bidder. I C. In Excess of $10.000. Whenever any contemplated purchase or contract for services is for a sum exceeding $10,000, the purchasing director shall cause to be published in two issues of a newspaper of general circulation in the town, notice inviting bids, which notice shall be published at least ten days prior to the date set for the receipt of bids. The notice herein required shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids. In addition, the purchasing director shall post a notice inviting bids in the town hall and may also mail to all responsible prospective suppliers a copy of the notice inserted in the newspaper. The bid shall be awarded by the purchasing director as provided herein. Section 3-4-6 Exceptions A. Exclusive Service. In the event that there is only one firm or company or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, the bidding procedures set forth in section 3-4-7 shall not be applicable, and such services or commodities may be secured without bidding. The town manager shall report to the council at the next regularly scheduled meeting any such purchases. B. Used Eauioment. Upon recommendation of the town manager, the council may elect to waive the bid procedures with respect to the purchase of used equipment. Marana Town Code 3-12 rev. 3196 C. Coooerative Purchasing. In the event of a purchase made by, through, or with the State of Arizona or its political subdivisions, the purchasing director may approve such purchases or award such contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service, if in the opinion of the town manager a separate bidding process is not likely to result in a lower price for such items or services. Section 3-4-7 Bidding Procedure A. Except as provided in state law, the purchasing director shall follow the procedure set forth in this section for all purchases and contracts subject to the formal bidding process: 1. A notice of solicitation for bids shall state the date, time and place of opening, and the place and time period within which bids shall be submitted. 2. The notice shall state with particularity the goods or services required and shall state the place where specifications may be examined. 3. Bids shall be submitted in a sealed envelope clearly identified as a bid on the front of the envelope. Any bid not received within the time period allowed shall be rejected. 4. All bids shall be opened in public at the time and place specified, and a tabulation of all bids shall be posted in town hall for public inspection. 5. All bidders shall be notified in writing of the award or rejection of any and all bids. Section 3-4-8 Lowest Responsible Bidder A. Unless the purchasing director exercises the right of rejection, all goods and services shall be awarded to the lowest, responsible bidder. In determining the lowest, responsible bidder, the council or the purchasing director shall consider: 1. The ability, capacity and skill of the bidder to perform the contract or provide the services . required in a timely manner; 2. The quality of performance in previous contracts with the town, together with previous and existing compliance with the ordinances of the town; 3. The financial resources and ability of the bidder; 4. The quality, availability and adaptability of the goods or service. 8. The purchasing director shall select providers of goods and services without regard to race, color, national origin, ethnicity, religion or creed, sex, handicap, age, marital or familial status as required by the town policy of equal opportunity and non-discrimination. Section 3-4-9 Performance Bond The purchasing director shall have the authority to require a performance bond, in such amount as the purchasing director may deem sufficient, to secure the execution of a contract for Marana Town Code 3-13 rev. 3196 construction, provided however, that in a contract for construction in excess of $10,000, such a bond shall be required. In all cases of construction to which state law applies, any requirement for a bond shall be incorporated into the contract. Section 3-4-10 Purchases from Mayor or Council Members Pursuant to A.R.S. ~-503(C), the town, through its council, may purchase supplies,. materials and equipment not to exceed three hundred dollars in cost in any single transaction or a total of one thousand dollars annually, from the mayor or any member of the council without using competitive public bidding procedures according to an annually adopted town policy. Section 3-4-11 Professional and Technical Services A. The provisions of this article shall not apply to professional or technical services. B. No person or firm practicing in a professional or technical field for which a license. is required by state law shall be engaged by the town unless possessing a current license in good standing. C. Upon engagement, the town shall enter into a written agreement or memorandum of understanding for the performance of professional and technical services setting forth the scope of services and the unit or total price therefor. Section 3-4-12 Surplus Supplies and Equipment All departments and offices shall submit to the purchasing agent, at such time and in such form as shall be prescribed, reports showing all supplies and equipment which are no longer used or have become obsolete or worn out. The purchasing agent shall have the authority to sell all supplies and equipment which cannot be used or which have become unsuitable for town use, or to exchange the same for or 'trade in the same for new supplies and equipment in accordance with applicable state statutes. . Section 3-4-13 Signatures on Checks A. All checks for expenditures of town monies for an amount of less than $1,000 shall bear one signature of either the town manager, town clerk, mayor or vice-mayor. B. All checks for expenditures of town monies for an amount equal to or greater than $1,000 shall bear two signatures of the town manager, town clerk, mayor or vice mayor. Section 3-4-14 State Preemption Notwithstanding any other portion of this article, in the event any purchase or contract falls within the definitions for limitations of A.R.S. ~-201 et.seq., as amended, the provisions, requirements and specifications of the relevant portions of the Arizona Revised Statutes shall supersede this chapter and control any such bidding procedures. Marana Town Code 3-14 rev. 3196