HomeMy WebLinkAboutResolution 2015-096 Appointing Laine Sklar Marana Town Magistrate 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 LAINE P. SKLAR(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 courtroom experience.
C. The Judge has been selected to be the Marana Town Magistrate, and the Parties desire to
enter into this Agreement to set forth the responsibilities and obligations of both Parties.
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. Appointment. The Town hereby appoints and employs the Judge as Marana Town
Magistrate for a two-year term beginning October 1, 2015 and ending September 30, 2017.
1.2. Compensation. The Judge shall be paid a base salary of $91,382.00 per year for the
period of this Agreement, modified by any increases noted herein.
1.3. Annual Salary 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) 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,
2016, due to a market adjustment, the Judge shall receive a salary increase equal to the market
adjustment for unclassified positions, effective October 1, 2016.
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 clarifications.
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 40 hours of
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personal leave annually, for a total of 56 hours personal leave per year. The 56 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 vacation leave at the rate set forth in the Town's personnel
policies, depending upon the Judge's length of service as an employee with the Town.
1.6. 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 all applicable State and Federal
laws, and that the Town's personnel policies and administrative directives shall apply to the
Marana Municipal Court and its employees.
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
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, personal, and sick days and holidays excepted.
Article 3. Community Service
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 her 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 September 30, 2017, 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 her 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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