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HomeMy WebLinkAboutResolution 2004-087 reappointment of james r west as town magistrate beginning july 1, 2004MARANA RESOLUTION NO. 2004-87 RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF JAMES R. WEST AS MARANA TOWN MAGISTRATE FOR A FOUR-YEAR TERM BEGINNING JULY 1, 2004; AND DECLARING AN EMERGENCY. WHEREAS, the term of office of the Marana Town Magistrate ended on June 30, 2004; and WHEREAS, the Town Council desires to reappoint James R. West as Marana Town Magistrate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor is hereby authorized to execute the employment agreement with James R. West attached as Exhibit A, and James R. West is hereby reappointed as Marana Town Magistrate with a term of office to expire on June 30, 2008. BE IT FURTHER RESOLVED THAT since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6th day of July, 2004. ATTEST: elyn C/~ronson, Town Clerk ORM: ~ ~yf~ C/~dy, To~vi~ A~/m~ RSO 040706 West Reappoint #2004-87.doc FdC/cds 6/17/06 EXHIBIT A TOWN MAGISTRATE EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("this Agreement") is made by and between the TOWN OF MAP~A~A, an Arizona municipal corporation (the "Town"), and JAMES R. WEST (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." RECIE4LS 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 judicial 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. .4 GREEMENT 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 the four year term beginning July 1, 2004 and ending June 30, 2008. 1.2. Compensation. The Judge shall be paid a base salary of $70,000 per year for the period of this Agreement. 1.3. Cost of Living Adjustments. The Judge shall not be entitled to receive cost of living adjustments during the term of this Agreement. 1.4. 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) employees of the Town. To balance these considerations, the Parties agree that the Judge's salary shall be adjusted upward by four percent on July 1, 2005, and each July 1 thereafter during the term of this Agreement, calculated based on the then-existing salary. 1.5. Annual ABA Convention. The Judge shall be permitted to attend the annual American Bar Association Convention, and the Town shall pay economy air fare and standard reasonable lodging and meal reimbursements for his attendance, provided that the Judge shall satisfy any continuing legal education requirements at the convention, and any other continuing legal education requirements shall be satisfied by attendance at seminars within the State of Arizona. 1.6. 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. A GT 040616 MAGISTRATE EMPLOYMENT. DOC PAGE 1 OF 3 EXHIBIT A 1.7. 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. 1.8. 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 rlecessary, 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. I. By the Judge. The Judge may terminate this Agreement at any time. 4.2. By the Town. The Town may terminate this Agreement only upon removal of the Judge from the office of Marana Town Magistrate by the Arizona Supreme Court pursuant to Article 6.1, 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 June 30, 2008, 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 pro-rated based on the termination date. Article 5. General Terms and Conditions. 5.1. Term. 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. AGT 040616 MAGISTR~ITE EMPLOYMENT. DOC Pd. GE 2 OF 3 EXHIBIT A 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. 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 municipal corporation By: Bobby Sutton, Jr., Mayor Date: James R. West Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney A GT 040616 MAGISTRAT£ EMPLOYMENT. DOC PAGE 3 OF 3