Loading...
HomeMy WebLinkAboutResolution 2008-107 appointing charles davies as town magistrateMARANA RESOLUTION N0.2008-107 RELATING TO MUNICIPAL COURT; APPOINTING CHARLES DAMES AS MARANA TOWN MAGISTRATE FOR ATWO-YEAR TERM BEGINNING SEPTEMBER 1, 2008; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND CHARLES DAMES. .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 conducted an extensive recruitment and selection process in order to obtain a highly qualified candidate for the position of Town Magistrate; and WHEREAS, following the conclusion of the recruitment and selection process, the Town Council desires to appoint Charles Davies as Marana Town Magistrate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute -the employment agreement attached as Exhibit A, and Charles Davies is hereby appointed as Marana Town Magistrate for atwo-year term beginning on September 1, 2008. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of August, 2008. ~~ ---_. Mayor d Honea ATTEST: celyn C ronson, Town Clerk APP VED AS TO FORM: ,~^ ,- _ re nk Cassidy, Town Attorney (00010415.DOC /} JF 7/29/08 TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("this Agreement") is made by and between the TowN of MARANA, an Arizona municipal corporation (the "Town"), and Charles Davies (the "Judge") for magistrate services. The Town and the Judge are collectively referred to in this Agreement as the "Parties" and are sometimes individually referred to as the "Party." RECITALS A. The Town has established the Marana Municipal Court pursuant to A.R.S.. § 22-402, and has established the position of Marana Town Magistrate pursuant to A.R.S. § 22-403. B. The Judge is a member in good standing of the State Bar of Arizona with extensive Arizona civil and criminal courtroom experience. C. The Judge has been hired as Marana Town Magistrate, and the Parties desire to enter into this Agreement to set forth the responsibilities and obligations of both parties. Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Magistrate Appointment and Compensation 1.1. Appointment. The Town hereby appoints and employs the Judge as Marana Town Magistrate for the two year term beginning September 1, 2008 and ending August 31,.2010. 1.2. Compensation. The Judge shall be paid a base salary of $ 100,000 per year for the period of this Agreement, modified by any increases noted herein. 1.3. Cost of Living Adjustments. The Judge shall not be entitled to receive cost of living adjustments during the term of this Agreement. 1.4. Annual Salary Adjustment. The Parties recognize that performance reviews and merit- based salary adjustments would not be consistent with maintaining the independence of the Marana Town Magistrate. On the other hand, restricting the Judge's compensation to base salary would provide lesser salary increases than are typical for unclassified (management) employees of the Town. To balance these considerations, the Parties agree that the Judge's salary shall be adjusted upward by two and-a-half percent on July 1, 2009. 1.5. Annual Arizona Judicial Conference. The Judge shall be permitted to attend the annual Arizona Judicial Conference, and the Town shall pay mileage expenses and standard reasonable lodging and meal reimbursements for his attendance, provided that the Judge shall satisfy any continuing legal education requirements at the conference, and any other continuing legal education requirements shall be satisfied by attendance at seminars within the State of Arizona. 1.6. Status. For purposes of determining employee benefits, the Judge shall be an employee of the Town, and not an independent contractor, and shall receive all of the normal employee benefits accruing to other Town employees with the following exceptions. The Judge shall be granted 40 hours of additional personal leave annually on January 1 of each year, except that the hours for 2008 shall be granted on September 1, 2008 The 40 hours of personal leave shall not {00010412.DOG / 2 } PAGE 1 OF 4 3/31/2008 8:48 AM FJC accrue and will be forfeited if not used within each calendar year. The Judge shall accrue annual vacation at the rate of 4.62 hours per pay period. Annual vacation accruals shall not exceed 240 hours. Any accumulated vacation hours in excess of 240 hours on September 1 of each year shall be forfeited. 1.7. Judicial Independence. Notwithstanding the Judge's status as a Town employee for purposes of determining benefits, the .authority, if any, of the Town over the Judge shall be limited given the obligation to maintain the independence and integrity of .the judiciary. Nevertheless, -the Parties agree that the Judge shall comply with all applicable State and Federal laws and with the Town's personnel policies. 1.8. Administrative Modifications. The parties recognize that changes in Magistrate Court personnel and fluctuations in Magistrate Court usage may require modification of the administrative duties of the Marana Town Magistrate and other Magistrate Court employees. The parties agree to cooperate and coordinate in making adjustments to the duties of the Marana Magistrate and other Magistrate Court employees, as necessary, to adjust to these changes. Article 2. Full Time Employment 2.1. Work Week. The Parties acknowledge and agree that the position of Marana Town Magistrate is a full time, forty-hour a week job, considering the Marana Town Magistrate's duties at the Magistrate Court and responsibility to attend other meetings and functions of the Court and the Town.. Consequently, the Judge shall typically work normal work hours (Monday through Friday, 8 A.M. to 5 P.M.), vacation and sick days and holidays excepted. Article 3. Community Service 3.1. The Judge shall be available for and participate in such community outreach and community service activities as the Judge determines are consistent with and do not create a conflict of interest or any appearance of impropriety with his position as Town Magistrate. Any hours spent participating in community service activities shall be included for purposes of work load tracking under Article 2. Article 4. Termination 4.1. By the Judge. The Judge may terminate this Agreement at any time. 4.2. By the Town. The Town may terminate this Agreement in any manner consistent with the laws of the State of Arizona, including without limitation termination for cause after a due process hearing or upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, Section 2 or Section 3 of the Arizona Constitution. 4.3. ~ Death. This Agreement automatically terminates upon the Judge's death. 4.4. By Term. This Agreement terminates on August 31, 2010, if not previously terminated pursuant to other provisions of this Article. 4.5. Effect of Termination. The Judge's status as a Town employee, and his rights to receive compensation and benefits, shall terminate upon the termination of this Agreement. The amount of the Judge's compensation shall be pro-rated based on the termination date. {00010412.DOC / 2} PAGE 2 OF 4 3/31/2008 8:48 AM FJC Article 5. General Terms and Conditions. 5.1. Effective Date. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution or action of the Town Council approving this Agreement (the "Effective Date"). 5.2. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 5.3. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. 5.4. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. 5.5. Interpretation. This Agreement has been negotiated by the Town and the Judge, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 5.6. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. "TxE Towle": TxE TowN of MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ~=-s"' ~ ATTEST: celyn C. onson, Clerk APPROVED AS TO FORM: ~~,. F Cassidy, Town Attorney { 00010412.DOC / 2} PAGE 3 OF 4 3/31/2008 8:48 AM FJC "THE JUDGE": T. G~~rtMJ Charles Davie Date: ~ ~9 ~ {00010412.DOC / 2} PAGE 4 OF 4 3/31/2008 8:48 AM FJC