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HomeMy WebLinkAboutResolution 2023-094 Reappointing Laine McDonald as Marana Town Magistrate MARANA RESOLUTION NO. 2023-094 RELATING TO MUNICIPAL COURT; REAPPOINTING LAINE MCDONALD AS MARANA TOWN MAGISTRATE FOR A FOUR-YEAR TERM BEGINNING OCTOBER 1, 2023; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND LAINE MCDONALD WHEREAS Marana Town Code Chapter 5-2 provides that the Town Council shall appoint a Town Magistrate as the presiding officer of the municipal court and that the Town Magistrate shall be appointed for a minimum period of two years; and WHEREAS the position of Marana Town Magistrate is currently held by Laine McDonald, who has served in that position since 2015; and WHEREAS Laine McDonald is a member in good standing of the State Bar of Arizona with extensive courtroom experience; and WHEREAS the Town Council finds that the reappointment of Laine McDonald as Marana Town Magistrate 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 Laine McDonald is hereby reappointed as Marana Town Magistrate for a four-year term beginning on October 1, 2023, and that the Town Magistrate Employment Agreement attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby 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 19th day of September, 2023. 141. -----`------- Mayor E Honea ATTEST: APPROV AL! A S TO FORM: W 4°°' David L. Udall, Town Clerk Jane all, Town Attorney 461t& 047. 00091553.DOCX/lAPANA' Resolution No.2023-094 Exhibit A to Marana Resolution No.2023-094 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. MCDONALD (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 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 1.1. Appointment. The Town hereby appoints and employs the Judge as Marana Town Magistrate for a four-year term beginning October 1, 2023 and ending September 30, 2027. 1.2. Compensation. The Judge shall be paid a base salary of $171,200.00 per year for the term of this Agreement. 1.3. 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. 1.4. 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. 1.4.1. In addition to the managed time off (MTO) leave hours generally provided to most full-time Town employees on an annual basis, the Judge shall be granted an additional 40 hours of MTO leave annually. 00091549.DOC/2 PAGE 1 OF 4 Exhibit A to Marana Resolution No.2023-094 1.4.2. 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. 1.5. 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. 1.6. 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, MTO, 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, 2027, 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 00091549.DOC/2 PAGE 2 OF 4 Exhibit A to Marana Resolution No.2023-094 Agreement. The amount of the Judge's compensation shall be pro-rated based on the termination date. 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. Severability. 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. [SIGNATURE PAGE FOLLOWS] 00091549.DOC/2 PAGE 3 OF 4 Exhibit A to Marana Resolution No.2023-094 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. "THE TOWN": "THE JUDGE": THE TOWN OF MARANA, an Arizona LAINE P.MCDONALD municipal corporation By: Ed Honea, Mayor Laine P. McDonald Date: Date: ATTEST: David L. Udall, Clerk APPROVED AS TO FORM: Jane Fairall, Town Attorney 00091549.DOC/2 PAGE 4 OF 4