HomeMy WebLinkAboutResolution 2012-067 reappointing charles davies to a two-year term as the town magistrate112A►RANA RESOLUTION NO. 2012-067
RELATING TO MUNICIPAL COURT; REAPPOINTING CHARLES DAVIES AS l��,ARANA
TOWN MAGISTRATE FOR A TWO-YEAR TERM BEGINNING SEPTEMBER l, 2012;
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
AGREEMENT BETWEEN THE TOWN OF l�tiARANA AND CHARLES DAVIES.
WHEREAS Marana Town Code Chapter 5-2 provides that the Tawn Counci� shall
appoint a Town Magistrate as the presiding officer of the municipal court and that the Town
Magistrate sha11 be appointed to a two-year term; and
WHEREAS the position of Marana Town Magistrate is currently held by Charles Davies,
who has served in that position since 2008; and
WHEREAS Charles Davies is a member in good standing of the State Bar of Arizona
with extensive civil and criminal courtroom experience; and
WHEREAS the Town Council finds that the reappointment of Charles Davies as Marana
Town Magistrate is in the best interests of the Town and its citizens.
NOW, THEREFORE, BE IT RES4LVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF 1��,4RANA, ARIZONA, that Charles Davies is hereby reappointed as Marana Town
Magistrate for a two-year term beginning on September l, 2012, and that the Town Magistrate
Employment Agreement attached to and incorpora.ted by this reference in this resolution as
E�ibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
PASSED AND ADOPTED BY TI-IE MAYOR AND COUNCIL OF THE TOWN OF
1Vl[��RANA, ARIZONA, this 21 St day of August, 2012. ,
ATTEST:
celyn . Bronson, Town C erk
AS TO FORM:
, Town Attorney
Marana Resolution No. 2012-067 08/21/2012
TOWN MAGISTRATE EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT ("this Agreement" is made by and between the Towiv oF
M�,RaNa, an Arizona municipal corporation (the "Town"), and CHARLES P. Dav�ES (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."
RECrTALs
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 is currently the Marana Town Magistrate, and the Parties desire for the Judge
to continue as Marana Town Magistrate pursuant to this Agreement.
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 beginriing September 1, 2012 and ending August 31, 2014.
1.2. Compensation. The Judge shall be paid a base salary of $ 105,574.91 per year for the
period of this Agreement, modified by an increases noted herein.
1.3. Cost of Livin�Adjustments. The Judge shall not be entitled to receive cost of living
adjustments during the term of this Agreement.
1.4. Annual Salar� 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 three percent on September 1, 2013.
1.5. Continuing Legal Education. The Town shall pay registration fees, mileage expenses and
standard reasonable lodging and meal reimbursements for the Judge to attend the annual Arizona
Judicial Conference, and other seminars within the State of Arizona that are required to satisfy
the Judge's continuing legal education requirements.
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.
1.6.1. In addition to the 16 hours of personal leave generally provided to most fu11-time
Town employees on an annual basis, the Judge shall be granted an additional 56 hours of
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' Exhibit "A"
personal leave annually, for a total of 72 hours personal leave per year. The 72 hours of
personal leave shall not accrue and will be forfeited if not used within each calendar year.
1.6.2. The Judge shall accrue annual vacation at the rate of 4.62 hours per pay period.
The Judge's accumulated vacation leave balance shall not be permitted to exceed 240 hours.
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 ali applicable State and Federal
laws and with the Town's personnel policies and administrative directives.
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
21. 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. Bv the Jud�e. The Judge may terminate this Agreement at any time.
4.2. Bv 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. Bv Death. This Agreement automatically terminates upon the Judge's death.
4.4. Bv Term. This Agreement terminates on August 31, 2014, 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.
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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. Severabilitv. 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. Governin�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
ta.ke 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.
"THE TOWN":
TxE Towlv oF MaRarra, an Arizona
municipal corporation
By: r
Ed Ho ea, Mayor
Date: �' �� �o�
"THE JUDGE":
CHARLES P. DAVIES
�
� ���/ �"
Charles P. Davies
Date: ��' ��
ATTEST:
celyn . Bronson, Clerk
APPROV�D AS TO FORM:
1
��F c Cassidy, Town Attorney
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