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Home My WebLink AboutOrdinance 2014.018 Amendment to Town Code Title 3SECTION 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 day of July, 2014. *- Mayor Ed H nea ATTEST: APPROVED AS TO FORM: 64k'1-x-P �- - < O ocelyn VBronson, Town Clerk /Fr c Cas�s'dy, Town Attc Ordinance No. 2014.018 -2- MARANA 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 1 s ' day of July, 2014. Mayor Ed Fibnea ATTEST: APPROVED AS TO FORM: 7 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 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° °4 : 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 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 methed ef appointment or- term A--f the eftfieer- has no r-elevanEe to auther-ity granted. 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 managers 9. Such other officers as from time to time may 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 st ike out 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 any employment agreement approved by the council. 100036990.DOCX / 61 1 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 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 faRewing position All other officers shall report to the town manager, except that the town manager may designate in writing that one or Mar-e these 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 of these positions shall be appointed from time to time by the town manager Each 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 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 deputy when a deputy position For purposes of this chapter, "at- will" means employment that may be terminated upon the will of the employer or employee at any time with or without cause. 100036990.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 strife out tex4 3 -1 -3 Classifieation of employees Position status All o iees positions in the town are categorized as divided - inte classified, unclassified, or kited temporary positions and sher-tterm temporary service. The extent to which certain personnel old rules or provisions apply to particular employees positions will depend upon the categorization of the whether- these employees are wor-king as Elassified, unElassified, term limited tempefary or short term "or-ary employees. A. Classified positions serviee All positions not specifically listed identified in the salarXschedule implemented by the town manag = er as an unclassified, or short term temporary positions shall be part of the classified positions sere Different rules and policies, however, may be established for different groups of employees classified positions ;vithin t he classified Classified employees are dir-eeted to the personnel manual for- dir-eetion and employment preteetions co nt a i n ed the 1. No twithstandinLy varagraph 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 sub iect to the volicies, rules, and reeulations governing temporary positions. B. Unclassified positions service. t empfisin All town officers shall be in unclassified positions se A— ate part of a r-esp agement team tha exists to ear-r-y out the goals and polkies of the tew Any other unclassified positions shall be identified as such in the salary schedule implemented by the town manager. Employees in Uunclassified employees positions are -'at -will" employees. Employees in unclassified positions shall receive all benefits afforded to classified employees, except those specifically excluded by this code or by town personnel policies. " employment is de-h-ned- employment may terminated upon d'he `villof the employer or employee, at any time with or witheut cam r of t h e +,. manager-, at will employees de not have empploynerntcentraets, are of employment a do not have "eeess -te the personnel- ace-4-i-anreview board Unc-4-a-s-si-fied- employees are no subjectto the salary schedule, and shall be paid " ,,..a;ng to per - f,,,. an qualifications, to be— determined by the town. However, unclassified ,.1,,,, ,.1...,11 rece any gene sala ; s that may b g m e time to time, e)Eeept that the town ager- shall E)* weeive general salary 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. T„«,-... lifrdte Jemporary positions employment. This category of employment is comprised of term - limited temporary positions and short - term temporary positions. , su�s#an#al body of wewfer-• a- te-- of si to 36 mentlis, TP,.ri, 1; Employees in temporary employees positions are -'at -will' employees. LAt- ivfflf employment is defined as employment that may be ter-nAnated upon the iviJAofthe efp}eyer or- employee, at - any -t d h 40 ,,. empleyees do net have employment eentfarets, are not guaranteed any ndnimum leno of empleyment, and do net hove to the pers M „ ^ aetien review beard-pre-eediffives. Tleyees are of subjeet te the salary schedule, and shall be paid aeeer-ding to per-for-manee an qualifieations, to be deter-nained by the teNvn manager- or- designee. , 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, project, or other significant or substantial non - routine body 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 employ 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 the Town for- a peried of six months or- more Elue to an extended P Short -term temporary positions employment. This category 0 Short -term temporary positions are positions f „ u time per iod , . th does ne t ,,a s _n+�.s n 1 t.,.,,« o lhn g 12 month period. These positions would be va u 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 m accordance with this section. " at may be terminated upon the wi14 of the employer or emooyee, at any time Nvith of x4.40hout e-muse. At will employees do not have employme not have access to the personnel aefien r-eview board pro-eedimr-es. -9 ter-fn temporar-y enVloyees are not subjeet to the salary schedule, and shal be paid according to per-formanee and qua!94Eations, to be Eleter-mined by the town manager or- designee, Employees in short -term temporar 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 (00036990.DOCX / 61 _: - -- Mmi MR :" Y. M V M _+ the Town for- a peried of six months or- more Elue to an extended P Short -term temporary positions employment. This category 0 Short -term temporary positions are positions f „ u time per iod , . th does ne t ,,a s _n+�.s n 1 t.,.,,« o lhn g 12 month period. These positions would be va u 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 m accordance with this section. " at may be terminated upon the wi14 of the employer or emooyee, at any time Nvith of x4.40hout e-muse. At will employees do not have employme not have access to the personnel aefien r-eview board pro-eedimr-es. -9 ter-fn temporar-y enVloyees are not subjeet to the salary schedule, and shal be paid according to per-formanee and qua!94Eations, to be Eleter-mined by the town manager or- designee, Employees in short -term temporar 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 (00036990.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 established by the town. old 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 stfike OU4 *° ° * : 3 -1-4 Non - employee positions The following appointed positions shag are not be considered to be employment positions an d— exist eutside town personnel poheies and pf 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 out *° ° + : 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. All benefits to elassified employees shall be afforded to 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 s4ike otA to 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 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 which is consistent with approved budget capacity and authority and with the provisions of this title transfer-s Per :-reem-eeval of pefsennel, whenever- in his A-:-r -her- judgmei#-, that action— iveuld e€fieientey in the of he tee government. [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 st -Fike out to : 3 -2 -8 Department heads A. Offices established The positions of department heads are hereby created and established iR aEEE with section 3 4 2. Each department head shall be appointed, suspended or removed as set forth in this title by the teN fnanager-• [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 stfike etA to : 3-2-932-11 General managers A. Offices established The positions of general managers are hereby created and established i-4; - aeEAF d--;;:-nke^ with seetio 3 ' 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 stfi e etA to *t : 3 -3 -1 Creation and scope of personnel policies A. The town council shall adopt a personnel old syste for the employees of the town, the provisions of which shall apply to all elassified 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, m an 100036990.DOCX / 6) 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 couneil may a4ept r ules and ed p e«t..;,.; ng to the o ff ee A f fh t„t.,,, ppo inted rlifeetl„ by the tet., e,l 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