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Home My WebLink AboutResolution 2014-064 Adopting Ordinance 2014.018 as a Public RecordMARANA RESOLUTION NO. 2014-064 RELATING TO ADMINISTRATION; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2014.018 TO MARANA TOWN CODE TITLE 3 (ADMINISTRATION) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to the Marana Town Code Title 3 (Administration), a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I" day of July, 2014. Mayor Ed Ftanea ATTEST: EMS ronson, • I iW APPROVED AS TO FORM: EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration "pursuant to Marana Ordinance No. 2014.018 SECTION 1. The title of Marana Town Code Chapter 3 -1 is hereby renamed "Officers and Employees." SECTION 2. Section 3 -1 -1 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with st -Fike out t°°* 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 per-so an employee who holds an office of trust, command and authority, and who is part of a responsive management team that exists to carry out the goals and policies of the town the method of appek#ment or term of the effi er has fi-e 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. General mangers 9. Such other officers as from time to time may be provided for by ordinance or resolution B. These officers shall be appointed from time to time as set forth in this code. SECTION 3. Section 3 -1 -2 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike otA text 3 -1 -2 Positions appointed by the town council, town manager, deputy town manager, assistant town managers, general managers & department heads definition 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. The town managers employment shall be governed by the terms set forth in this title and in any employment agreement approved by the council. B. The town magistrate shall be appointed by the town council in accordance with section 5 -2 -1. The town magistrate's employment shall be governed by the terms set forth in this title and in anv emplovment agreement annroved by the council. 100036990.DOCX / 61 EXHIBIT A TO MARANA RESOLUTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at -will, and shall work at the pleasure of the town manager. 1. Deputy town manager 2. Assistant town managers 3. Town attorney D. The following position All other officers shall report to the town manager, except that the town manager may designate in writing that #hese- positions an officer shall report to the deputy town manager, an assistant town manager,, er a general manager or a department head The town manager serves as the department head for the town manager's office. Each officer shall be appointed from time to time by the town manager. Eaeh of these positions shall have no term of office, shall be at -will, and shall work at the pleasure of the town manager. E. All other positions in the town manager- or- department head shall be hired by the general manager or department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the general manager or department head reports, and shall work at the pleasure of the town manager, the general manager or 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 dep*ty w-hen a deputy position For purposes of this chapter, "at- will" means employment that may be terminated upon the will of the emplo er or employee at any time with or without cause. {00036990.DOCX / 6} 2 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 SECTION 4. Section 3 -1 -3 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike etA text 3 -1 -3 o employees Position status All ems positions in the town are categorized as divided into classified, unclassified, or termed temporary positions a-� Shaft term tempefar-y s ervice. The extent to which certain personnel old rules or provisions apply to particular employees positions will depend upon the categorization of the os A. Classified positions cue All employees of the tei positions not specifically listed identified in the salary schedule implemented by the town manager as an unclassified, or shorten temporary positions shall be part of the classified positions setee Different rules and policies, however, may be established for different groups of employees classified positions vv u"hi —n lhe- iiassific sef- :ViEc eentained there. 1. Notwithstanding paragraph A above, an employee may be hired in a classified position, but on a temporary basis. When this occurs, the employee will be considered to be in a temporary position, and will be subiect to the policies, rules, and regulations governing temporary positions. B. Unclassified positions ^cam en All town officers shall be in unclassified _positions exists t-0 Earry out the geals and of fthe tow Any other unclassified positions shall be identified as such in the salary schedule implemented by the town manager. Employees JJ employees positions are -'at- will" employees. Employees in unclassified positions shall receive all benefits afforded to classified employees, except those specifically excluded b� this code or by town personnel olp icies. " employment J--q d as employment er rated -men the -will of the employer of empleye , at any time with er- without cause. 1nrt1, t1,,, exce ption o f th t„t.,,, manager-, at will employees do nel J.- em c-epamraets, are not guaranteed --M length of mployment-, and do not have aecess to subjeet to the salary sehedule, and shall be paid according to p^r'^rmanee and quali€ieatiens, to be deter-mimed by- the —town. However, unclassi ied emplayees sb-al-] Feeeive any general salary increases that may be granted 4o-ffi- fime te time, except that the town manager shaJ4 only rec-eive general aalar-y inefeas if t1, ,, , prov for i an .1 .,,,v. ,mo afe ,t „+« , t a „1t, .1, 3 7 100036990.DOCX / 6) EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 2. Deputy teivn managef 3. Assistant taivn manager-s 4. T oiv „p 5. Te 7. Pepar-tmefft heads 8. Speeial projects managef 9. Assistants to the teivn manager- 10. General managers !I. Deputy chief of paliee C. T., «,n limited t positions employment. This category of employment is comprised of term - limited temporary positions, and short- term temporary positions. , eapital sktl3sta ttial beef iverk, €er— a- te-r-m- of six to 36 mop T^rM jimifp Employees in temporary effTleyees positions are - "at -will" employees. " At- ivill" employment is defined as employment that maybe ter-minated upon the employees do not have employment eopAfaets, are not guarai+teed any minimum length of empleymefA-, and do not have aeeess to the perseFme stibjeet to the salary schedule, and shaR be paid aEc-ording to perfornwffiee an , Temporary positions shall be identified as such in the salary schedule implemented by the town manager. Additionally, an employee will be considered to be in a temporary position when the employee is hired in a classified position, but on a temporary basis, as set forth in this section. 1. Term - limited temporary positions. Term - limited temporary positions are positions with work related to a specific grant, protect, or other significant or substantial non - routine bodv of work, for a term of six to 36 months. The town manager or designee shall determine when a position may be designated as a term - limited temporary position in accordance with this section. Employees in term - limited temporary employees positions shall receive any general salary increases that may be granted to town employees from time to time. and shall receive A benefits afforded to classified employees, except those specifically excluded by this code or by town personnel policies , {00036990.DOCX / 6} EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 9U j employees may be placed in r-effalar- elassi-fied- of un elassified positions 444-t-hi-P -4-qe �r„4 -R F,,,.., per iod of si mo nths o „ due to an .,t a U Short -term temporary positions employment.. This eateger-y o employment is eompr-ised o Short -term temporary positions are positions Ifoor a 4-ii-m-te per-iod that do-P--Q:-R0-tP-XEeeEI six menths or 4040 hours in a rolling 12 month period. Piese positions would be used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. Employees in short -term temporary positions shall work for a time period that does not exceed six months or 1040 hours in a rolling 12 -month period. The town manager or designee shall determine when a position may be designated as a short -term temporary position in accordance with this section. " at willf employees. ".4A ;4.4-11-" employment is deh-ned- as employment tha may be t . . � I IA f MA- of the employer- or employee, at any —*m-.e- %444 -eF - without eause. At Nvill employees do f net i, ,..l,,.,r,.,,,,,+ not - hare- aeeess to the personnel -aetio r b^^ eed4res. q term teffTerar-y empleyees are not s*bjeet to the salary schedule, and shal be paid aeeer-Efing to performance and qualifieations, tobe deter-ml-ined by the town manager- or- designee. Employees in short -term temporary positions may not receive all general salary increases granted to town employees from time to time and shall not receive benefits provided to other employees of the town unless specifically stated otherwise in this code or in the towns personnel 100036990.DOCX / 61 WMALM"IMC VIEW 9U j employees may be placed in r-effalar- elassi-fied- of un elassified positions 444-t-hi-P -4-qe �r„4 -R F,,,.., per iod of si mo nths o „ due to an .,t a U Short -term temporary positions employment.. This eateger-y o employment is eompr-ised o Short -term temporary positions are positions Ifoor a 4-ii-m-te per-iod that do-P--Q:-R0-tP-XEeeEI six menths or 4040 hours in a rolling 12 month period. Piese positions would be used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. Employees in short -term temporary positions shall work for a time period that does not exceed six months or 1040 hours in a rolling 12 -month period. The town manager or designee shall determine when a position may be designated as a short -term temporary position in accordance with this section. " at willf employees. ".4A ;4.4-11-" employment is deh-ned- as employment tha may be t . . � I IA f MA- of the employer- or employee, at any —*m-.e- %444 -eF - without eause. At Nvill employees do f net i, ,..l,,.,r,.,,,,,+ not - hare- aeeess to the personnel -aetio r b^^ eed4res. q term teffTerar-y empleyees are not s*bjeet to the salary schedule, and shal be paid aeeer-Efing to performance and qualifieations, tobe deter-ml-ined by the town manager- or- designee. Employees in short -term temporary positions may not receive all general salary increases granted to town employees from time to time and shall not receive benefits provided to other employees of the town unless specifically stated otherwise in this code or in the towns personnel 100036990.DOCX / 61 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration" pursuant to Marana Ordinance No. 2014.018 olicies. established by the town. SECTION 5. Section 3 -1 -4 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike etA tex4 3 -1-4 Non - employee positions The following appointed positions shall are not be considered to be employment positions and exist eutside town personnel pakeies and prelvislomm A. All elected officials and members of boards, committees, and commissions B. Volunteer personnel and personnel appointed to service without pay C. Those engaged by the town on a contractual basis SECTION 6. Section 3 -1 -5 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike etA to : 3 -1 -5 Compensation and benefits The compensation and benefits of appointed town employees shall be as fixed from time to time by the town council through adoption of the annual budget or town managef. 411 1,ene - its afforded t e l ass ifi e 1 e s h — A h e # t SECTION 7. The title of Marana Town Code Chapter 3 -2 is hereby renamed "Establishment, Compensation, and Powers and Duties of Town Officers." SECTION 8. Section 3 -2 -1 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with s t- F iko etA teK4 3 -2 -1 Town manager [Paragraphs A through F remain unchanged] G. Powers and duties Except as otherwise provided in this code, 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 town 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 on them, it shall be the town manager's responsibility and authority to perform the following: [subparagraphs 1 through 11 remain unchanged] 12.The town 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 town council the appropriate level of budgetary positions and staffing through the annual budget adoption process. The town manager shall implement a pay structure or salary schedule for all positions in the town {00036990.DOCX / 61 6 EXHIBIT A TO MARANA RESOLUTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration" pursuant to Marana Ordinance No. 2014.018 which is consistent with approved budget capacity and authority and with the provisions of this title aetion `weld inErease— effte}ertc -in the add-m- a�tratten of the tee ge [subparagraphs 13 through 15 remain unchanged] [paragraphs H and I remain unchanged] SECTION 9. Section 3 -2 -8 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike etA to : 3 -2 -8 Department heads A. Offices established The positions of department heads are hereby created and established in aeeor-Ela i idh seetion 3 1 2. Each department head shall be appointed, suspended or removed as set forth in this title by the teN manager-. [paragraphs B and C remain unchanged] SECTION 10. Sections 3 -2 -9 (Special projects manager) and 3 -2 -10 (Assistants to the town manager) of the Marana Town Code are hereby deleted and the sections that follow are renumbered to conform. SECTION 11. Existing section 3 -2 -11 of the Marana Town Code (renumbered as section 3 -2 -9 by section 10 of this ordinance) is hereby revised as follows with added text shown with double underlining and deletions shown with strike etA to : 3-2-9 General managers A. Offices established The positions of general managers are hereby created and established i n ^,.,.,-lone, with section 3 1 2 . Each general manager shall be appointed, suspended or removed as set forth in this title by the town manager. [paragraphs B and C remain unchanged] SECTION 12. Sections 3 -2 -12 (Deputy chief of police) and 3 -2 -13 (Director of strategic initiatives) of the Marana Town Code are hereby deleted. SECTION 13. Section 3 -3 -1 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strike etA *° ° * : 3 -3 -1 Creation and scope of personnel policies A. The town council shall adopt a personnel old system for the employees of the town, the provisions of which shall apply to all elassi€ied employees of the town unless specifically stated otherwise in this code, in the personnel policies or, in the case of the town manager and town magistrate, in an 100036990.DOCX / 61 7 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 employment agreement The town council may amend or repeal the personnel policies from time to time in its sole discretion. The town eouneil may a4ept by the town B. In addition to the personnel policies, the town council or town manager may adopt rules, regulations, and directives to give effect to this title and to the personnel policies. The town council or town manager may amend or repeal these rules, regulations and directives from time to time in their sole discretion. C. All personnel policies, rules, regulations, and directives adopted pursuant to this section shall follow the generally accepted principles of good personnel administration. SECTION 14. Section 3 -3 -3 (Rules and regulations) of the Marana Town Code is hereby deleted and the section that follows is renumbered to conform. 100036990.DOCX / 6} 8 MARANA ORDINANCE NO. 2014.018 RELATING TO ADMINISTRATION; AMENDING MARANA TOWN CODE TITLE 3 (ADMINISTRATION); RENAMING CHAPTER 3 -1 (OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES) AS "OFFICERS AND EMPLOYEES "; REVISING CHAPTER 3 -1; MODIFYING PROVISIONS DEFINING TOWN OFFICERS, POSITION STATUS, AND NON - EMPLOYEE POSITIONS; MODIFYING OFFICER AND EMPLOYEE APPOINTMENT AND REPORTING PROCEDURES; ADDING A NEW DEFINITION OF "AT- WILL" EMPLOYEES; CLARIFYING THAT EMPLOYEE COMPENSATION AND BENEFITS ARE DETERMINED THROUGH BUDGET ADOPTION; RENAMING CHAPTER 3 -2 (OFFICERS AND OTHER POSITIONS) AS "ESTABLISHMENT, COMPENSATION, AND POWERS AND DUTIES OF TOWN OFFICERS "; REVISING CHAPTER 3 -2 TO CONFORM TO REVISIONS TO CHAPTER 3 -1 REGARDING APPOINTMENT PROCEDURES; REVISING SECTION 3 -2 -1 (TOWN MANAGER) TO CLARIFY TOWN MANAGER'S POWERS AND DUTIES REGARDING POSITIONS AND STAFFING AND IMPLEMENTATION OF A SALARY SCHEDULE; DELETING SECTIONS 3 -2 -9 (SPECIAL PROJECTS MANAGER), 3 -2 -10 (ASSISTANTS TO THE TOWN MANAGER), 3 -2 -12 (DEPUTY CHIEF OF POLICE), AND 3 -2 -13 (DIRECTOR OF STRATEGIC INITIATIVES) AND RENUMBERING CHAPTER 3 -2 TO CONFORM; REVISING CHAPTER 3 -3 (PERSONNEL POLICIES); REVISING SECTION 3 -3 -1 REGARDING APPLICATION OF PERSONNEL POLICIES TO EMPLOYEES; DELETING SECTION 3 -3 -3 (RULES AND REGULATIONS); AND DECLARING AN EMERGENCY WHEREAS the Town Council finds that the revisions to town administration established by this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 3 "Administration," three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2014 -064 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. 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. SECTION 3. All 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. Ordinance No. 2014.018 - 1 - 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become 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 1 St day of July, 2014. Mayor Ed ATTEST: FORM: O ocelyn VBronson, Town Clerk Town Attc Ordinance No. 2014.018 -2-