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HomeMy WebLinkAboutOrdinance 2003.13 Amending chapter 3 of the town code relating to administration F. ANN RODRI~UEZ, RECORDER RECORDED BY: JLW DEPUTy RECORDER 1541 PE3 SMARA TOWN OF MARANA ATTN~ TOWN CLERK 13251 N LON ADAMS RD HAF. ANA AZ 85653 DOCKET: 12090 PAOE: $189 NO. OF PAGES: 11 SEQUENCE: 20031331318 o7/11/2oo3 ORDIN 16~42 MAIL AMOI]NT PAID $ 11.00 MARANA ORDINANCE NO. 2003.13 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, AMENDING THAT CERTAIN DOCUMENT ENTITLED CHAPTER 3 ADMINISTRATION OF THE OFFICIAL TOWN CODE, ADOPTING REVISIONS THERETO CONTROLLING LAW OF THE TOWN OR MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OR MARANA IN CONFLICT THEREWITH. WHEREAS, the Town of Marana wishes to establish and codify the administration of the Town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for its citizens; and WHEREAS, that document herein referred to as "MARANA TOWN CODE" has been made a public record by the adoption of Ordinance No. 98.22 and has been revised from time to time; and WHEREAS, reference to a sited Town Code section was incorrect; and WHEREAS, capitalization of position titles and Arizona Revised Statues was inconsistent with other Town Code chapters; and and WHEREAS, inclusion of department head positions was inconsistent and inaccurate; and WHEREAS, hiring authority for town clerk and town attorney needed clarification; WHEREAS, it has been determined that amendment of Chapter 3, Administration, of the Town Code is in the best interests of the residents of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. That certain document entitled "Amending and Updating Chapter Three, Article 1 and Article 2 of the Town Code," three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record of the Town of Marana, Arizona, by adoption of Resolution 2003- Marana, Arizona Ordinance No. 2003.13 - Page 1 of 2 [ ! Section 2. Section 3. Section 4. 76 hereby referred to and made a part hereof as if fully set out in this Ordinance and is hereby adopted as law, roles and procedures for the Town of Marana. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Town Code. 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, such decision shall not affect the validity of the remaining portions hereof. Implementation of this ordinance should begin 30 days after adoption by the Council. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 1 st day of July, 2003. ATTEST: APPROVED AS TO FORM: Makor~OtBt~ SUTTON, JR. As Town Attorney and not personally i S I Marana, Arizona Ordinance No. 2003.13 - Page 2 of 2 CHAPTER 3 ADMINISTRATION Article 3-1 OFFICERS, DEPARTMENT HEADS AND EMPLOYEES Section 3-1-t Town Officers There are hereby created, in addition to the mayor and town council members, the following officers of the town of Marana. An officer is defined as a person who holds an office of trust, command and authority, and the method of appointment or term of the officer has no relevance to authority granted. 1. Town Manager 2. Town Clerk 3. Town Marshal 4. Town Engineer 5. Town Attorney B. These officers shall be appointed from time to time as set forth in this Code. [Adopted by Ord. No 96-14; revised by Ord. No. 98,22; revised by Ord. No. 2000.07] Section 3-1-2 Positions Appointed by the Town Council, Town Manager & Department Heads The fc!!cw!ng positions 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. These THIS positions shall have no term of office, shall be at-will, and shall report directly to the town council. The town magistrate shall be appointed by the town council in accordance with section 5-2-1. The following positions shall be appointed from time to time by the town manager~ and shall be employed at the will of the town manager. These positions shall have no term of office, shall be at will and shall report di~ to the town manager. 2. 3. 4. 5. 6. 7. 8. 9. Assistant Town Manager Chief of Police Public Works Director Parks & Recreation Director Development Services Administrator TOWN A']-rORNEY Budget & Finance Director Planning Director Building Official 10. Utilities Director 11. Human Resources Director 12. Town ClerK/Town Marshal 13. Court :'dm!,",!ctr=tcr Administrator 14. COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR 15. TECHNICAL SERVICES DIRECTOR 16. All other department heads Department heads who are employed under an assistant town manager or an ~ administrator shall be hired by the assistant town manager or ?,dm!,".!ctmtor administrator with the approval of the town manager or Admin!str=tcr administrator, with the r'pprovr'! cf thc tcw~; m~,-,=;cr and shall work at the pleasure of the assistant town manager or Adm!,",!ctrctcr administrator, as provided in the at-will provisions of this Code and the Tow,-, town personnel policies. All other personnel who are employed under a department head should be hired by their department head, with the approval of the town manager and shall work at the pleasure of their department head, as provided in this r~fe Code and the Tc;:.~. town personnel policies. The duties of any employee may be delegated by that employee to a deputy when such deputy position exists. [Adopted by Ord. No, 96-12; revised by Ord, No 98.22; revised by Ord, No. 2000.07; revised by Ord. NO, 2000.20; revised by Ord. NO 290! 06 2001,06; rev ~" ~o sed by Ord. NO ....... 2001.08] Section 3-t-3 Classification of Employees All offices in the town are divided into classified and unclassified service. The extent to which certain personnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified or unclassified employees. Classified Service. All employees of the town not specifically listed as an unclassified employee shall be part of the classified service. Different rules and policies, however, may be established for different groups of employees within the classified service. Classified Emp!c:,'ccc employees are directed to the personnel manual for direction and employment protections therein. Unclassified Service. Persons comprising unclassified service are part of a responsive management team which THAT exists to carry out the goals and policies of the town. Any personnel manual or similar document shall not apply to unclassified employees, and such employees shall be considered "at-will" employees. "At-will" employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees do not have employment contracts, are not guaranteed any minimum length of employment and do not have access to the ~d~vc~co PERSONNEL PROBLEM RESOLUTION procedures. Unclassified employees are not subject to the salary schedule and shall be paid according to performance and qualifications, to be determined by the appointing authority (either the town council or the town manager). However, such employees except the town manager shall receive any general salary increases wh!ch THAT may be granted from time to time. The following shall be unclassified employees: 1. Assistant Town Manager 2. Chief of Police 3. Public Works Director 4. Parks & Recreation Director 5. Development Services Administrator 6. TOWN A'FI'ORN EY 7. Budget & Finance Director 8. Planning Director 9. Building Official 10. Utilities Director 11. Human Resources Director 12. Town Clerk/Town Marshal 13. Court =dm!n!:tr=torAdministrator 14. COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR 15. TECHNICAL SERVICES DIRECTOR 16. All other department heads [Adopted by Ord. No. g8,22; revised by Ord. No. 2000.07; revised by Ord. No. 2000.20, revtsed by Ord. No ..... 9-~ 2001.08] Section 3-1-4 NO REVISION Non-Employee Positions Section 3-t-5 NO REVISION Compensation and Benefits Section 3-1-6 Bond NO REVISION Section 3-I-7 NO REVISION Vacancies; Holding More Than One Office Section 3-t-8 NO REVISION Additional Powers and Duties Article 3-2 O~c--.r= :nd Ot~cr Pc=!t!c.".= OFFICERS AND OTHER POSITIONS Section 3-2-1 Town Tanager A. Office Established. NO REVISION B. Bond. NO REVISION C. Ineligibility of Town Council Member. NO REVISION ! Temporary Absence. Notwithstanding the above, the town council shall designate and assistant town manager to perform the duties of town manager during the temporary absence or disability of the appointed town manager. Permanent Absence. In the event that a town manager is not employed by the town for any period of time due to resignation, discharge, or for any other reason, all duties designated in this Code to the town manager shall be performed by the assistant town manager or any individual so designated by the town council. F. Removal from Office. NO REVISION G. Compensation. NO REVISION H. Powers and Duties. NO REVISION except The town manager shall execute, on behalf of the town council, general administrative supervision and control of the affairs of the town; The town manager shall attend all meetings of the town council with the duty of reporting on or discussing any matter concerning the affairs of the departments, boards, services or activities under his or her supervision, upon which the town council should be informed. Exceptions to attending meetings of the town council may be granted upon written request by the town manager and =pT.."cvcd APPROVAL by the mayor; Pursuant to the provisions of section 33 ! ! 3-1-2, the town manager shall appoint and, when necessary, suspend or remove the appointive officers and employees set forth in section 3~ ! ! 3-1-2. 4. through 15. NO REVISION i. Limitations Upon Responsibility. NO REVISION j. Conduct. NO REVISION [Adopted by Ord. No. 98.22; revised by Ord. No 2000,07; revised by Ord. No. 2000-20] Section 3-2-2 Assistant Town Manager In all instances, Assistant Town Manager has been changed to assistant town manager, Town Manager to town manager, Town Council to town council, Town to town to maintain consistency throughout town Code. Office Established. The position of assistant town manager is hereby created and established. The assistant town manager shall be appointed by the town manager and shall perform the duties of the office of the town manager as delegated under the general and specific direction of the town manager, by memorandum, from time to time, through the Humeri Rcscurccc D~pcrt. m~nt human resources department. Bond. The assistant town manager shall furnish a surety bond to be approved by the town council in such sum as may be determined by the town council, i 0 9 which shall be conditioned upon the faithful ;performance of the duties imposed upon the assistant town manager as herein described. Any premium for such bond shall be a proper charge against the town. Nothing in this section shall preclude the town from obtaining a blanket bond pursuant to the provisions of a.r.c.A.R.S. §9-302 to satisfy this requirement. Compensation. The assistant town manager shall receive such compensation as the town manager shall fix at the time of appointment of the assistant town manager, and said compensation shall be a proper charge against the funds of the town. The assistant town manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the town as approved by the town council by the adoption of the budget. Such reimbursement shall be made only when a vedfied itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented. Powers and Duties. Except as otherwise provided herein, the assistant town manager shall support the town manager, who is chief administrative officer, and shall be responsible to the town manager for the proper administration of all affairs delegated by the town manager. In addition to the general powers and duties set forth above, it shall be the assistant town manager's responsibility and authority to perform the following: The assistant town manager shall execute, on behalf of and as delegated by the town manager, general administrative supervision and control of the affairs of the town; The assistant town manager shall attend all meetings of the town council with the duty of reporting on or discussing any matter concerning the affairs of the departments, boards, services or activities under his or her supervision, upon which the town council and town manager should be informed. Exceptions to attending meetings of the town council may be granted upon written request by the town manager. The assistant town manager shall coordinate the administrative functions and operations of vadous departments, boards, divisions and services of the town government as delegated by the town manager, and on its behalf camj out policies, rules, regulations and ordinances adopted by it relating to the administration of the affairs of such departments, boards, divisions or services. Pursuant to the provisions of ~ section 3-1-3, Classification of Employees, the assistant town manager shall appoint and, when necessary, suspend or remove the appointive officers and employees under his OR HER area of assignment unless acting in the capacity as town manager. All appointments and removals shall be based upon merit and upon the qualifications or disqualifications of such officer or employee without regard to any political belief or affiliation, and in coordination with the ~,.,.. v,, ..... department head as appropriate. The power of the appointment, suspension or removal of the *,~.... ..... .~'++.,,v,,,~y ..... and town magistrate shall be expressly reserved to the town council. ,__-, 10. 11. 12. The assistant town manager shall cause to be prepared and submitted to him or her by each department, board, division or service of the Tcwn town government delegated to his or her supervision itemized annual estimates of expenditures required by them for capital outlay, salaries, wages and miscellaneous operating costs, tabulate the same into a preliminary consolidated municipal budget and submit the same to the town manager annually on the date specified by the town manager, with his or her recommendations as to any increaseS, decreases, cancellations, transfers or changes of any of the items includeD in the preliminary budget; The assistant town manager shall supervise the expenditures of all departments, divisions or services of the town government delegated to his or her supervision and act as purchasing agent for the purchase of all supplies goods, wares, merchandise, equipment and material '.';h!ch THAT may be required for any such departments, divisions or services under his or her supervision. The assistant town manager shall analyze and supervise the functions, duties and activities of the various departments, boards and services of the town government delegated to his or her supervision and all employees thereof; The assistant town manager shall develop and organize necessary improvement projects and programs and aid and assist the town manager and the various departments and boards in carrying the same through to a successful conclusion; The assistant town manager shall serve as public relations officer of the town government as delegated by the town manager, and follow through and endeavor to adjust all complaints filed against any employee, department or service thereof to the end. The assistant town manager shall make every effort to satisfy all residents that their town government is being operated on their behalf with the highest degree of efficiency; The assistant town manager shall cooperate with all community organizations whose aims and purposes are to advance the interests of the town its residents and provide them with all reasonable assistant obtainable through the town government within the limits of the law; The assistant 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, particularly those delegated to his or her supervision, and recommend to the town manager abolition or consolidation of positions or transfers or removal of personnel, when in his or her judgment, such action would increase the efficiency of the administration of the town government; The assistant town manager shall devote his or her entire work effort to the discharge of his or her delegated duties. Exceptions to this requirement may be granted by the town manager acting upon a written request to the town manager. 13. The assistant town manager shall per[orm such other duties as may be required of him or her by the town manager, not inconsistent with the laws of this state, this Code or the ordinances of the town. E, Limitations upon Responsibility. The assistant town manager shall not exercise any policy-making or legislative functions whatsoever, nor attempt to commit or bind the town manager or town council or any member thereof to any action, plan or program requiring official action of the town council. It is not intended by this article to grant any authority to, or impose any duty upon, the assistant town manager wh!ch that is vested in or imposed by general law or town ordinances in any town commission, board, officer or employee except herein specifically set forth. F. Conduct. In the discharge of his or her duties, the assistant town manager shall at all times endeavor to exercise the highest degree of tact, patience, integrity and courtesy in his or her contact with the public and with all town boards, departments and employees and shall use his or her best efforts to establish and maintain a harmonious relationship betweeR AMONG all personnel employed in the government of the town to the end that the highest possible standards or public service shall be continuously maintained. [Adopted by Ord. NO, 2000,20] Section 3-2-3 Town Clerk A. Office Established. NO REVISION B. Bond. NO REVISION Absence of Town Clerk. In the absence of the town clerk, *~-~' '~ .... *" town ......... ~. .............. ., ............ the town manager or other designee of the town council shall be the acting town clerk. The acting town clerk shall have the duties and responsibilities of the town clerk as established by law, this Code or other ordinance. D. Compensation. NO REVISION E. Powers and Duties. NO REVISION except The town clerk shall keep a true and correct record of ail business transacted by the town council and any other records that either pertain to the business of the town or that the town cour. c!! manager directs. The town clerk shall number, plainly label and file separately in a suitable cabinet, all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature; 2. NO REVISION S The town clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the town ccu.".c!! manager; 4. through 8. NO REVISION The town clerk shall perform those administrative responsibilities and duties that are conferred upon the town clerk by the town ...... ~1 manager in addition to those specified in town ordinances and this Code. [Adopted by Ord. NO. 98.22; revised by Ord. NO. 2000.07; revised by Ord NO, 2000.20] Section 3-2-4 NO REVISION Section 3-2-5 NO REVISION Section 3-2-6 NO REVISION Section 3-2-7 A. C. D. 1. Town ~=r=h=!! Marshal Town Engineer Town Magistrate Town Attorney Office Established. The position of town attorney is hereby created and established. The town attorney shall be appointed by the uT-c~ th~ r~ccmm~,",dct!c,", cf thc town manager and shall be chosen on the basis of his or her qualifications and knowledge or accepted practice in respect to the duties of the office as hereinafter set forth, and shall perform the duties of the office of town attorney under the general and specific direction of the town ...... !. manager. Bond. NO REVISION Compensation. NO REVISION Powers and Duties. The town attorney is the administrative head of the legal department under the direction and control of the town cc'J~C!! manager. 2. through 5. NO REVISION The town attomey shall prosecute and defend all suits, actions or causes where the town is a party and report to the ...... ~ town ........manager,wvheR reflui~, the condition of any suit or action to which the town is a party. [Adopted by Ord. NO. g8,22; revised by Ord. No. 2000.07; revised by Ord. No 2000.20] Section 3-2-8 Other Department Heads A. Office Established. The positions of ...... r- ............... r,;,,... ..... tor, ........ , ................. , ......................... other depa~ment heads designated by the town manager are hereby created and established in accordance with section 3-1-2. These depadment heads shall be appointed, suspended or removed by the town manager and shall pefiorm their duties under the general and specific direction of the town manager. B. Compensation. NO REVISION C. Duties. NO REVISION