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HomeMy WebLinkAboutResolution 2014-065 Reappointment of Judge Charles DavisMARANA RESOLUTION NO. 2014-065 RELATING TO MUNICIPAL COURT REAP POINTIN(I CHARLES DAVIES AS MARANA TOWN MAGISTRATE FOR A TWO-YEAR TERM BEGINNING SEPTEMBER 1, 2014 APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND CHARLES DAVIES. WHEREAS Marana Town Code Chapter 5-2 provides that the Town Council shall appoint a Town Ma as the presidin officer of the municipal court and that the Town Ma shall be appointed to a two- term and WHEREAS the position of Marana Town Ma is currentl held b Charles Davies, who has served in that position since 2008 and WHEREAS Charles Davies is a member in g ood standin 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 Ma is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Charles Davies is hereb reappointed as Marana Town Ma for a two- term be on September 1, 2014, and that the Town Ma Emplo A attached to and 'incorporated b this reference in this resolution as Exhibit A, is hereb approved and the Ma is hereb authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th da of Au 2014. ATTEST: N ()WARANA'17 j oe l e�l y n ( P(.Biro Town Clerk Ma Ed J.Honeva I APPROV, FORM: Marana Resolution 2014-065 TOWN MAGISTRATE EMPLOYMENT AGREEMENT THis EMPLOYMENT AGREEMENT ( "this Agreement ") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and CHARLES P. DAV IES (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." RECITALS 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 I.I. Appoint The Town hereby appoints and employs the Judge as Marana Town Magistrate for the two -year term beginning September 1, 2014 and ending August 31, 2016. 1.2. Compensation The Judge shall be paid a base salary of $ 112,004.42 per year for the period of this Agreement, modified by any increases noted herein. " 1.3. Annual Salary-- 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) positions of the Town. To balance these considerations, the Parties agree that if the Town Council approves salary increases for employees in unclassified positions for the fiscal year beginning July 1, 2015, due to a market adjustment, the Judge shall receive a salary increase equal to the market adjustment for unclassified positions, effective September 1, 2015. 1.4. ' 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. 1.5. 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. 1.5.1. In addition to the 16 hours of personal leave generally provided to most full -time Town employees on an annual basis, the Judge shall be granted an additional 56 hours of 00038670.DOC 12) PAGE I OF 3 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. 1.5.2. 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. 1.6. Judicial Inde endence. 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 all applicable State and Federal laws and with the Town's personnel policies and administrative directives. 1.7. 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 2.1. 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. By the Judge The Judge may terminate this Agreement at any time. 4.2. By 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. By Death This Agreement automatically terminates upon. the Judge's death. 4.4. By Term This Agreement terminates on August 31, 2016, 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 prorated based on the termination date. {00038670DOC 12) PAGE 2 OF 3 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. Severabil . 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. ' Governing 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 take 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 ex ecuted this Agreement as of the last date set forth below their respective signatures. "THE Town ": THE Towty of MARANA, an Arizona municipal corp o ation By. .... � ��— Ed Hone ,Mayor Date: ATTEST: *Jocelyn C ronson, Clerk APPROVED AS TG FORM: 1 "THE JUDGE ": CHARLES P. DAVIES Charles P. Davies Date: Frank Cassjoq, Town Attorne 000386 7�X)2fOC 12) PAGE 3 OF 3