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HomeMy WebLinkAboutOrdinance 2006.14 Amending the Town Code to add Deputy Town Manager position and revising Assistant Town manager position I . SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 12822 1125 10 20061110304 06/09/2006 15:35 F. ANN RODRIGUEZ, RECORDER RECORDED BY: C_D DEPUTY RECORDER 0224 PE2 DOCKET: PAGE: NO. OF PAGES: SEQUENCE: MAIL AMOUNT PAID $ 10.50 MARANA ORDINANCE NO. 2006.14 RELATING TO ADMINISTRATION; REVISING POSITIONS APPOINTED BY THE TOWN MANAGER; ADDING THE DEPUTY TOWN MANAGER POSITION; REVISING THE ASSIST ANT TOWN MANAGER POSITION TO GRANT THE MANAGER FLEXIBILITY IN APPOINTING AND IDENTIFYING ASSISTANTS; UPDATING CERTAIN POSITION TITLES TO CONFORM TO CURRENT NOMENCLATURE AND FUNCTIONS; ADDING THE POSITIONS OF SPECIAL PROJECTS ADMINISTRATOR AND ASSISTANT TO THE TOWN MANAGER; AMENDING TOWN CODE SECTIONS 3-1-1, 3-1-2, 3-1-3, 3-2-1 AND 3-2-8; DELETING SECTION 3-2-4; ADDING NEW TOWN CODE SECTION 3-2-2; RENUMBERING EXISTING TOWN CODE SECTIONS 3-2-2 AND 3-2-3 AS SECTIONS 3-2-3 AND 3-2-4 RESPECTIVELY AND AMENDING SECTION 3-2-4 AS SO RENUMBERED; ADDING SECTIONS 3-2-9 AND 3-2-10; AND DECLARING AN EMERGENCY. WHEREAS the Town Council finds that the reVISIons to town officer positions established by this ordinance are in the best interests of the Town of Mar ana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Sections 3-1-1, 3-1-2 and 3-1-3 of the Marana Town Code are hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinin~) : Section 3-1-1 Town officers A. There are hereby created, in addition to the mayor and town council members, the following officers of the town. An officer is defined as a person who holds an office of trust, command and authority, and the method of appointment or term of the officer has no relevance to authority granted. 1. Town manager 2. Deoutv town manaaer 3. Assistant town manager~ ~3,. Town clerk/town marshal .5...4,. Town engineer 6..a.:. Town attorney B. These officers shall be appointed from time to time as set forth in this code. ., "I" 1~~~lf I~t, ~~i Ir l ~Ii .11:" ,l'~'11 :lit:" [ql :1'. :1 'I'"jl 'lit" ij::;; ,".,t' {00002125.DOC / 2} - 1 - 5/31/2006 9:50 AM FJe 10 Section 3-1-2 Positions appointed by the town council, town manager" deDutv town manaaer. assistant town manaaers & department heads A. The position of town manager shall be appointed from time to time by the town council, and shall be employed at the will of the town council. This position shall have no term of office, shall be at-will, and shall report directly to the town council. B. The town magistrate shall be appointed by the town council in accordance with section 5-2-1. C. The followina oositions shall reoort to the town manaaer. shall be aooointed from time to time bv the town manaaer. shall have no term of office. shall be at-will and shall work at the oleasure of the town manaaer. The following positions shall be appointed from time to time by the town manager, and shall be employed at the will of the tCYJIfl manager. These positions shall have no term of office, shall be at 'A'iII, and shall report to the town manager. 1. Deoutv town manaaer 2. Assistant town manager~ ~2. Chief of police 3. Public ..':orks director 4. Parks & recreation director 5. Development services administrator 6. Town attorney 7. Budget & finance director 8. Planning director 9. Building official 10. Utilities director 11. Human resources director 42,. Town clerklto'Nn marshal 4. Town enaineer 5. Town attorney D. The followina oositions shall reoort to the town manaaer. exceot that the town manaaer may desianate in writina that one or more of these oositions shall reoort to the deoutv town manaaer or assistant town manaaer. Each of these oositions shall be aooointed from time to time bv the town manaaer. deoutv town manaaer or assistant town manaaer to whom he or she reoorts. Each of these oositions shall have no term of office. shall be at-will. and shall work at the oleasure of the town manaaer. deoutv town manaaer or assistant town manaaer to whom he or she reoorts. 1. 13. Court administrator 14. Community & economic de'/elopment director "I All ~I~:" ;~::t ::;;:!~ li'-'il 'II.~, II'i'II ij," <t ,;111 ,Ii~:" 1::i; {00002125.DOC / 2} -2- 5/31/2006 9:50 AM FIC 15. Technical services director 16. All other dQepartment heads 2. Soecial oroiects administrator 3. Assistants to the town manaaer D. Department heads who are employed under an assistant town manager or an administrator shall be hired by the assistant to\Vf1 manager or administrator, with the approval of the to'JRl manager or administrator, and shall work at the pleasure of the assistant to':'" manager or administrator, as provided in the at ,...~i11 provisions of this code and the town personnel policies. E. All other personnel who are employed under a department head shall be hired by their department head, with the approval of the town manager, deoutv town manaaer or assistant town manaaer to whom the deoartment head reoorts. and shall work at the pleasure of their department head, as provided in this code and the town personnel policies. F. The duties of any employee may be delegated by that employee to a deputy when a deputy position exists. Section 3-1-3 Classification of employees All offices in the town are divided into classified and unclassified service. The extent to which certain personnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified or unclassified employees. A. Classified Service. All employees of the town not specifically listed as an unclassified employee shall be part of the classified service. Different rules and policies, however, may be established for different groups of employees within the classified service. Classified employees are directed to the personnel manual for direction and employment protections contained there. B. Unclassified Service. Persons comprising unclassified service are part of a responsive management team that exists to carry out the goals and policies of the town. Any personnel manual or similar document shall not apply to yUnclassified employees~, who 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 personnel action review board 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, unclassified employees shall receive any general salary increases that may be granted from time to time, except that the town manager shall only receive general salary increases if they are provided for in an employment contract duly authorized by the council. The following shall be unclassified employees: 1. Town manaaer 2. Deoutv town manaaer ~Assistant town manager~ t ~~~:, t,~ ~'::Ii ~I;~t :;:t ~:;~ t :t ;~;if;, 'Ii ,I {00002125.DOC / 2} - 3 - 5/3112006 9:50 AM FIe 2. Chief of police 3. Public 'J:orks director 4. Parks & recreation director 5. Development services administrator 6. To'.vn attorney 7. Budget & finance director 8. Planning director 9. Building official 10. Utilities director 11. Human resources director 4..~ Town clerk 5. Town enaineer/to'.\'n marshal 6. Town attorney 13. Court administrator 14. Community & economic development director 15. Technical services director 7..:t.9,. All other dQepartment heads 8. Soecial oroiects administrator 9. Assistants to the town manaaer SECTION 2. Paragraph B ("Bond") of existing Marana Town Code sections 3-2-1,3-2-3, 3-2-5 and 3-2-7 are hereby deleted and the paragraphs that follow are re-Iettered to conform. SECTION 3. Paragraphs D and E (re-Iettered as paragraphs C and D by Section 2 of this ordinance) of section 3-2-1 of the existing Marana Town Code, entitled "Town manager," are hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining:) : .c...g.,. TempOrary absence. Notwithstanding the above, the to'Nf1 council shall designate an assistant town manager to perform the duties of town manager aDuring the temporary absence or disability of the appointed town manager~ the deoutv town manaaer shall oerform the duties of town manaaer. If the deoutv town manaaer is absent. unable or unwillina to oerform the duties of town manaaer. the town council shall desianate an assistant town manaaer to oerform the duties of town manaaer. Q...€:- Permanent absence. If 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 town manager shall be performed by the deoutv an assistant town manager or any individual so designated selected by the town council. t IJ'";il ll~:' ~:~t :~~!~ W~:i: Ir!~", ~;~ ,I ,1 ::;~~: ~~::;t {00002125.IX>C 12} -4- 5/31/2006 9:50 AM FJC SECTION 4. Existing section 3-2-4 of the Marana Town Code is hereby deleted, existing sections 3-2-2 and 3-2-3 are renumbered as sections 3-2-3 and 3-2-4 respectively, and a new section 3-2-2 is added, entitled "Deputy town manager," as follows: Section 3-2-2 Deputy town manager A. Office established. The position of deputy town manager is hereby created and established. The deputy town manager shall be appointed by the town manager and shall perform the duties of the office of the town manager when the town manager is absent and as delegated under the general and specific direction of the town manager from time to time. B. Compensation. The deputy town manager shall receive such compensation as the town manager shall fix at the time of the deputy town manager's appointment, and the compensation shall be a proper charge against the funds of the town. The deputy 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 town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. C. Powers and duties. The deputy town manager shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. During the town manager's absence, the deputy town manager shall perform the duties of the town manager. The town manager may delegate to the deputy town manager any of the town manager's authority, but in no event shall the deputy town manager's authority exceed the town manager's powers and duties setforth in section 3-2-1 (H). D. limitations upon responsibilitv. The deputy town manager shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town manager or town councilor any council member to any action, plan or program requiring official action of the town council. It is not intended by this chapter to grant any authority to, or impose any duty upon, the deputy town manager that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except as specifically set forth in this code. E. Conduct. In the discharge of his or her duties, the deputy town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 among 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 5. Section 3-2-2 (renumbered as section 3-2-3 by Section 4 of this ordinance) of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining): ~ill 't t "',i "II,,, W.'Ii< .:dl {00002I 25.IX>C / 2} - 5 - 5/31/2006 9:50 AM FIe Section 3-2-~ Assistant town manager~ A. Office established. The position of assistant town manager is hereby created and established. The aOne or more assistant town manager~ shall be appointed by the town manager. consistent with budaet authority accroved bv the town council. and shall perform the duties of the office of the town manager as delegated under the general and specific direction of the town manager, by memorandum, from time to time, through the human resources department. At the town manaaer's discretion. one or more assistant town manaaer cositions may be identified bv their scecificallv deleaated resconsibilities and not as assistant town manaaer. B. ~. The assistant to':/n manager shall fumish a surety bond to be approved by the to'.\'n council in an amount determined by the tovm council which shall be conditioned upon the faithful performance of the duties imposed upon the assistant tolln manager as describes in this section. Any premium for the bond shall be a proper charge against the to\'m. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of A.R.S. S Q 302 to satisfy this requirement. G,-Compensation. The a6ssistant town manager~ shall receive such compensation as the town manager shall fix at the time of appointment of the assistant town manager, and the compensation shall be a proper charge against the funds of the town. An +tle--assistant 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 town council by the adoption of its budget. Reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. .c...g,. Powers and duties. E><cept as otherwise provided in this chapter, the a8,ssistant town manager~ shall support the town manager and shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. The town manaaer may deleaate to an assistant town manaaer any of the town manaaer's authority. but in no event shall an assistant town manaaer's authority exceed the town manaaer's cowers and duties set forth in section 3-2-1 (Htln addition to the general pO'....ers and duties set forth above, it shall be the assistant to':m manager's responsibility and authority to perform the follo'Ning: 1. The assistant town manager shall 8*ecute, on behalf of and as delegated by the town manager, general administrative supervision and control of the affairs of the to'.o.'n; 2. The assistant town manager shall attend all meetings of the tmam council 'A'ith the duty of reporting on or discussing any matter concerning the affairs of the departments, boards, servioos or activities under his or her supervision, upon which the to':m council and to'lIn manager should be informed. Exceptions to attending meetings of the town council may be granted upon written request by the to'lm manager. 3. The assistant to'Nn manager shall coordinate the administrative functions and operations of '1-arious departments, boards, divisions and services of :1, ~;~i:: l'i~I'~ ;:!:~~~ :~t~; ~~i ::1. I ~~i, ",;w ~~~I {00002125.DOC / 2} - 6- 5/31/2006 9:50 AM FJe the town gO'.~rnment as delegated by the town manager, and on its behalf carry out policies, rules, regulations and ordinances adopted by it, relating to the administration of the affairs of those departments, boards, divisions or services. 4. Pursuant to the pro':isions of section 3 1 3, the assistant town manager shall appoint and, when necessary, suspend or remove the appointive officers and employees under his or her area of assignment unless acting in the capacity as t<YNn manager. 1\11 appointments and remo'lals shall be based upon merit and upon the qualifiC3tions or disqualifications of the officer or employee '.vithout regard to any political belief or affiliation, and in coordination with the department head as appropriate. The p<YA'er of the appointment, suspension or removal of the to~.\'n magistrate shall be expressly reserved to the t<YMl council; 5. The assistant town manager shall cause to be prepared and submitted to him or her by each department, board, division or service of the town government delegated to his or her supervision 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 to'lm manager annually on the date specified by the to'.\In manager, with his or her recommendations as to any increases, decreases, cancellations, transfers or changes of any of the items included n the preliminary budget; 6. The assistant to\\'n manager shall supervise the expenditures of all departments, divisions or services of the town government delegated to his or her supervision; 7. The assistant to\'m manager shall analyze and supervise the functions, duties, activities and employees of the various departments, boards and services of the town government delegated to his or her supervision; 8. The assistant to\'JI1 manager shall develop and organize necessary improvement projects and programs and aid and assist the to,,'m manager and the v-arious departments and boards in carrying the same through to a successful conclusion; 9. The assistant t<Y:m manager shall serve as public relations officer of the to'.vn government as delegated by the tOl.vn manager, and foll<YtI through and endeavor to adjust all complaints filed against any employee, department or service under his or her supervision to the end. The assistant t<Y.vn manager shall make every effort to satisfy all residents that their tol/m government is being operated on their behalf with the highest degree of efficiency; 10. The assistant to\vn manager shall cooperate '.\lith all community organizations ..vhose aims and purposes are to advance the interests of the town and its residents and provide them with all reasonable assistance obtainable through the town government within the limits of the law; 11. The assistant town manager shall make, or cause to be made, studies and surveys of the duties, responsibilities and '.\lork of the personnel in the various departments and services of the town government, particularly those delegated to his or her supervision, and recommend to the to"'JI1 l ~g~: f::t ~2: W'III ,',/" ~~:~ t :1' rli~: :f {00002125.DOC / 2} - 7 - 5/31/2006 9:50 AM FJC manager abolition or consolidation of positions or transfers or removal of personnel, \-A'len in his or her judgment, that action would increase the efficiency of the administration of the tO~"1I1 government; 12. The assistant to'.vn manager shall devote his or her entire 'NOrk effort to the discharge of his or her delegated duties. Exceptions to this requirement may be granted by the town manager acting upon a ,..~ritten request to the to'J.'n manager; 13. The assistant town manager shall perform any other duties as may be required of him or her by the town manager, not inconsistent \\'ith the laws of this state, this code or the ordinances of the t<v:II1. OJb Limitations upon responsibilitv. The aassistant town manager~ shall not exercise any policy-making or legislative functions whatsoever, or attempt to commit or bind the town manager. deoutv town manaaer. Gf-town councilor any council member to any action, plan or program requiring official action of the town council. It is not intended by this chapter to grant any authority to, or impose any duty upon, an the-assistant town manager that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except as specifically set forth in this code. E..~ Conduct. In the discharge of his or her duties, an ~ssistant town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact 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 among 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 6. Paragraph E (re-Iettered as paragraph D by Section 2 of this ordinance) of section 3-2-5 (renumbered as section 3-2-4 by Section 4 of this ordinance) of the Marana Town Code, entitled "Town clerk," is hereby revised by adding subparagraph 10 as follows: 10. The town clerk shall be the town marshal and shall perform duties of the town marshal required by law and as the town manager may deem necessary. SECTION 7. Section 3-2-8 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlining:): Section 3-2-8 Other dOepartment heads A. Offices established. The positions of department heads designated by the town manager are hereby created and established in accordance with section 3-1-2. These Each department heads shall be appointed, suspended or removed by the to':1I1 manager and shall perform their duties under the general and specific direction of the town manager. deoutv town manaaer or assistant town manaaer to whom he or she reoorts. B. Compensation. These d.Qepartment heads shall receive such compensation as the town manager. deoutv town manaaer or assistant town manaaer to whom he or she reoorts shall fix from time to time. 'I "t ij':~ li!!~~i: Ifi~i ",I:, :~~~!: ~:~I J :1 :~1~: ~I~:!! ,.j;" {00002125.DOC / 2} - 8 - 5/3l!2006 9:50 AM FJe C. Duties. These dOepartment heads shall be charged with the responsibilities set forth by the t<Y:1n manager, and shall perform the duties of their office under the general and specific direction of the town manager. deoutv town manaaer or assistant town manaaer to whom he or she reoorts. SECTION 8. New section 3-2-9 is added of the Marana Town Code, entitled "Assistants to the town manager," as follows: Section 3-2-9 Special projects administrator A. Office established. The position of special projects administrator is hereby created and established. The special projects administrator shall be appointed as set forth in section 3-1-2 and shall undertake special projects as delegated by the town manager's office from time to time. B. Compensation. The special projects administrator shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. C. Powers and duties. The special projects administrator shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager or assistant town manager. SECTION 9. New section 3-2-10 is added of the Marana Town Code, entitled "Assistants to the town manager," as follows: Section 3-2-10 Assistants to the town manager A. Office established. The position of assistant to the town manager is hereby created and established. Consistent with budget authority approved by the town council, assistants to the town manager shall be appointed as set forth in section 3-1-2 and shall perform such duties and functions as delegated by the town manager, deputy town manager or assistant town manager, by memorandum, from time to time, through the human resources department. B. Compensation. Assistants to the town manager shall receive such compensation as the appointing officer shall fix at the time of appointment, and the compensation shall be a proper charge against the funds of the town. C. Powers and duties. Assistants to the town manager shall be responsible to and shall undertake all duties delegated by the town manager, deputy town manager or assistant town manager to whom he or she reports. SECTION 10. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. :i. II':;!! i;!:J IJ,~!r ,Il~:" '1~ '~~," SECTION 11. 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, the decision shall not affect the validity of the remaining portions of this ordinance. (\'11 ;1 ",t 'i':~; :::11' SECTION 12. IT IS FURTHER ORDAINED that, since It IS necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become {00002I25.DOC / 2} - 9- 5/3l!2006 9:50 AM FIe immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of June, 2006. fejJ I+~ Mayor Ed Honea ATTEST: ~"''''''''/~ ~_,OF M.q ~ ~. ~"~~\'''m'',,~~~ s~~ ~ ~ :::/2/cORPORATf~ ~ = S 000 ~ - - =SEALi :: :; 'i ~!"OII ~, , ~ ~ .6 ~11'''Il\\\~ ~ ~i.-9IZ '\~"~ ~/II,ill\\\~ {OOO02125.DOC / 2} - 10- 5/31/20069:50 AM FJC 'I .1. ""'~I ,:1~f ,I,,) :~: I~':\I r!l~,. ~:gl ~l :l :~~il; ,;1,