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HomeMy WebLinkAbout08/02/1994 Special Council Meeting MinutesMINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 2, 1994 PLACE AND DATE: Marana Town Hall, August 2, 1994. I_. CALL TO ORDER By Mayor Ora M. Ham. Time: 5:32 P.M. II. PLEDGE OF ALLEGIANCE Led by Mayor Ora M. Harn. III. ROLL CALL COUNCIL Ore M. Harn Sharon Price Tom Clark Ed Honea Betty Horrigan Herb Kal Helen Key Mayor Vice Mayor, Excused Council Member, Excused Council Member Council Member Council Member Council Member STAFF: Hurvie Davis Sandra L. Groseclose Dan Hochuli Gerald Flannery Mick Mathieu Marcia King 1 member of the Public. Town Manager Town Clerk Town Attomey Planning Administrator Town Engineer Volunteer Manager Assistant IV. INTERVIEWS OF CANDIDATES FOR POSITION OF TOWN MAGISTRATE A. Paul Simon Paul Simon introduced himself, thanked the Council and stated that he has maintained an interest in the goings on of Marana since he last applied for the position of Town Attorney three years ago. He said that he is a sole legal practitioner in criminal and juvenile law, civil (employment), and has appeared in a variety of Arizona courts. Ed Honea noted that past magistrates have kept themselves separate from the common citizen as well as from other Town employees. Mr. Simon responded, noted that a judge needs to be separate when working on a decision, but here in Marana, the court teem is also the Council chamber and the Zoning Commission meeting teem, so there already is sharing. He stated that he likes the idea of a small town everyone-as-family way of life and would go out and meet the public. He wanted to be both independent and approachable. Herb Kal asked about Mr. Simon's past position as special magistrate with the Tucson City Court. Mr. Simon answered that he had put in an application and was later selected and sworn in and put in a mentor program for training. He would be called in once or twice a week for half-days or full days of various proceedings such as initial appearances, arraignments, pre-trials, bench trials, mitigation court. He did that for about a year and a half. He stopped because he was not able to practice law at the same time. Mayor Harn expressed a concem about Mr. Simon's the law practice - bench preference, and asked whether the mentor program is the standard method for training new judges. Mr. Simon answered that most judges were lawyers who were appointed without training. Training came after the fact. He said that some people only are inclined to one role, a judge, a prosecutor, or a defender. He classified himself as being in the middle, a person who participates in the system. He stated he can be impartial and judge a case on its merits. Mayor Harn noted that Marana is a MINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 2~ 1994 growing town but there is a need for more staff. She asked if Mr. Simon would be comfortable with doing most things himself instead of delegating murine duties to a secretary. Mr. Simon answered that doing things himself is not a problem. He became familiar with using a computer and word processor program. Helen Key asked about the local police officers appearing as witnesses, would Mr. Simon be able to instruct the officers on how to perform as witnesses. Mr. Simon said that he could do that, however the prosecutor/Town Attorney would be better suited. He said he would run the court and not complain about problems. Helen Key asked about Mr. Simon's ability to handle the caseload. Mr. Simon said he does not like last-minute work, but rather does things on time. If work piled up, he would stay to complete the work. He keeps to the court calendar. Betty Horrigan asked about what management skills Mr. Simon has. Mr. Simon answered that his experience comes from managing his law office. He likes a hands-on approach to hidng and fidng, maintaining accounts and the calendar, taxes and office supplies. He recognized the need to delegate. He said he would work with his employees. Ed Honea noted that as the magistrate, Mr. Simon would have to divide his attention between managing the office and managing the court. Herb Kal asked about the growing caseload and Mr. Simon's ability to make the time for the extra cases. Mr. Simon answered that he would be able to make more time, however being permanently on full time would impact on his law practice, so arrangements would have to be made to make his job officially a full time position. Dan Hochuli asked about having a hands-on approach to the court, how Mr. Simon would handle the job and the court staff. Mr. Simon answered that he would get along with the staff instead of making big changes. He would not, however, tolerate a negative attitude. Mayor Harn noted that Mr. Simon should work closely with and respect the Town Manager, Hurvie Davis. Hurvie Davis asked about financial control of a department. Mr. Simon answered that he can keep to a budget without making excessive demands on it, or use it for personal gain. Ed Honea noted that although Mr. Simon would be the head of his department, Mr. Davis is the Town Manager and is the head of all town departments. Paul Simon noted that he is qualified as a cdminal attomey and knows the law well and can handle the cases that would come up before him. He would make wise, knowledgeable and fair decisions. He thanked Council and Staff for their time and for the opportunity to talk to them. Dan Hochuli commented on the training of new judges. _B. Russell Dillow Russell Dillow explained his interest in applying for the position of magistrate. He came from a small town, grew up in the 1960's, was drafted in 1965 to the US Air Force, got out in 1968. He went to A.S.U. He graduated and went to law school in San Diego. He was married in 1979 and has been involved in the community. Betty Horrigan asked about Mr. Dillow's management and training skills. Mr. Dillow answered that he has run a number of businesses in his past including manager of a department store, a fence company, a trust company. He has supe~ised from one to twenty employees. Firing people is difficult, but he is used to it. Helen Key asked about how many hours Mr. Dillow expects to work as magistrate. Mr. Dillow responded, said that in the last three months work has been about 20-30 hours. Helen Key asked about the time spent in the court and the time spent managing the department. Mr. Dillow said it is about 70% / 30%. He has dealt with a number of problems in his time as interim magistrate. MINUTES OF SPECIAL COUNCIL MEETING MARANA TOWN COUNCIL AUGUST 2, 1994 Herb Kai asked about how the coud has been working since Mr, Dillow came in three months ago. Mr. Dillow answered that different cases were handled on different days of the week. He has since streamlined the process. Ed Honea noted the separation of the court from the rest of the Town and the fact that Hurvie Davis is the Town Manager. Mr. Dillow agreed, stated that the court needed a bailiff. He worked with the police department to get officers to act as bailiff. Mayor Harn reiterated that the Town staff needed to work together. Hurvie Davis noted that Mr. Dillow's undergraduate degree was in finance and asked how he would handle a budget. Mr. Dillow answered that he could and would handle a budget. Mayor Ham offered Mr. Diliow the chance to ask the Council questions. Mr. Dillow asked about the menu master computer system of the court and on complying with the State Supreme Court. Mr. Davis answered that contingencies are planned for in the court budget. _V. Executive Session Pursuant To A.R.S. Section 38-431.03tAitlt. For Discussion And Consideration Of Emoloyment. Salary_ And Benefits Of Town Ma_oi~trate. A motion was made by Helen Key, seconded by Betty Hordgan and carried unanimously to recess and go into Executive Session Pursuant To A.R.S. Section 38-431.03(A)(1), For Discussion And Consideration Of Employment, Salary And Benefits Of Town Magistrate. Time: 7:00 P.M. Retum from Executive Session. Time: 7:43 P.M. VI. ADJOURNMENT A motion was made by Helen Key, seconded by Betty Horrigan and carded unanimously to adjourn. Time: 7:43 P.M. AUDIO TAPES OF THE MEETING ARE AVAILABLE AT THE MARANA TOWN HALL CLERK'S OFFICE CERTIFICATION I hereby certify that the foregoing minutes are the true and correct minutes of the Special Council Meeting of the Marana Town Council held on August 2, 1994. I further certify that a quorum was present. :ileGl~lc?ti~r LAN network: H:'~vllNUTES\COUNCIL\1994.MIN\08-02-g4.SPE Prepared by Colin L. Miller, 8/14/94 Meeting length: 2.25 hrs. Type is Adal, 9.5 point.