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HomeMy WebLinkAboutPackets - Council Packets (891) TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: JUNE 13, 2007 TO: HONORABLE MAYOR& TOWN COUNCIL FROM: David Andrews, Town Manager SUBJ: Town of Oro Valley Organizational Structure and Staff Reporting Relationships to the Town Manager and Mayor and Town Council SUMMARY: Attached please find a copy of the Town of Oro Valley's Organizational Structure chart. As the chart indicates, the Town Manager is responsible for the overall operation of the Town with the Assistant Town Manager, Economic Development Administrator, Communications Administrator, Police Chief, Town Clerk, Human Resources Director, Finance Director, and Water Utility Director functioning as direct reports. The Assistant Town Manager has direct reports consisting of: the Town Engineer, Parks and Recreation Director, Library Administrator, Planning and Zoning Director, Building Safety Director, and Information Technology Director. In observation of the separation of powers doctrine the Town Magistrate is appointed by the Town Council. Additionally, the Town Attorney reports directly to the Town Council. As Town staff takes time to revamp the performance appraisal program, it is also appropriate to evaluate current reporting relationships of key staff members to determine the best organizational structure for the Town of Oro Valley moving forward. Current Situation Based on the Town of Oro Valley Code, there are five key positions that have a unique reporting relationship to the Town Manager, the Mayor and Town Council or a combination of both. These reporting relationships are different from all others within the organization and include; the Chief of Police, Town Clerk, Town Attorney, Town Magistrate, and Town Engineer. In addition, the Town Manager reports directly to and is evaluated by the Mayor and Town Council on a yearly basis. The Chief of Police is appointed by the Mayor and Town Council and works with the Council to define performance appraisal goals. Each year the Chief's performance appraisal is written by the Town Manager but edited and approved by the Town Council based on the goals decided upon at the beginning of the year. The Chief is also required to present the state of the Police Department to both the Town Manager and the Town Council each year. The Town Clerk is appointed by the Mayor and Town Council based on the Oro Valley Town Code. However, the Town Clerk develops goals and is evaluated each year by the Town Manager during the performance appraisal process. The Town Attorney is appointed by and creates performance goals in conjunction with the Town Council and serves at their pleasure. Goals are evaluated semi-annually and contract renewal is strictly within the purview of the Town Council. The Town pp Magistrate is appointed by the Town Council to a contract every four years. Performance g appraisals are completed bythe Town Council on an annual basis. The Magistrate operates within pp p certainp arameters of Town administration with full consideration given to the separation of powers doctrine. The Town Engineer is hired by the Town Council, however yearly goals and performance reviews are g completedby the Town Manager. These, however, are shared with and approved by the Town Council. The Town Engineer report directly to the Town Manager and Assistant Town Manager. Other Jurisdictions In Arizona, several other jurisdictions were studied to determine how their organizational structure is similar to or different from that of the Town of Oro Valley's. The jurisdictions were selected due to proximity to the Town or because of similar populations and characteristics of its government. The p Y jurisdictions chosen include: Apache Junction, Avondale, Goodyear, Marana, Pima County, Prescott, Sierra Vista, Tucson and Oro Valley. Upon collection of information from the jurisdictions' charter or code several similarities and differences became apparent. The Chief of Police is appointed by and reports to the Manager with very few exceptions. The exceptions include Pima County, whose sheriff is elected, the City of Tucson which requires Mayor and Council approval for hiring, and Oro Valley that requires the Mayor and Council's approval in the performance appraisal process. All of the Public Works Directors (Town Engineer) have identical reporting relationships to the Manager except in Oro Valley, where the Mayor and Council approve the Engineer's performance appraisal. Additionally, the Board of Supervisors appoints the Public Works Director for Pima County. The Magistrate position is appointed by the Mayor and Council in all circumstances, with the exception of Pima County's elected magistrate and each magistrate reports to the Mayor and Council, except Marana whose magistrate reports to the Manager. With the exception of Marana whose Attorney reports to the Manager and Pima County who elects their attorney, all of the other jurisdiction's attorneys report to and are appointed by the Mayor and Council. The responsibility of appointing and supervising the Clerk is evenly divided between the Manager and the Mayor and Council, however while the Board of Supervisors appoints the Clerk in Pima County, the Clerk reports to the County Administrator. A chart detailing the specific relationships within all ten jurisdictions is attached. Challenges of the Current Organizational Structure According to the Town Code of Oro Valley the Town Manager is responsible to the council "for the proper administration of all affairs of the town under the specific direction and control of the council" (3-2-1, Section H). More specifically, the Manager is responsible for maintaining fiscal and operational control of all the Town's departments. RECOMMENDATIONS: Chief of Police — I recommend that the Chief of Police be hired by and report to the Town Manager. The Town Manager should have sole responsibility for the Police Chief's performance appraisal. Town Clerk—I recommend that the Town Clerk be hired by and report to the Town Manager. The Town Manager should have sole responsibility for the Town Clerk's performance appraisal. Public Works Director (Town Engineer) — I recommend that the Town Engineer be hired by and report to the Town Manager. The Town Manager should have sole responsibility for the Town Engineer's performance appraisal. Town Magistrate — I recommend that the Town Magistrate continue to be appointed by and accountable to the Town Council. Upon Mayor Loomis' request, I have included a pro and con list of the Town Attorney reporting directly to the Town Council. Town Attorney Reporting to Town Council Pros Cons • Independent legal advice • Additional burden on the Council to oversee day-to-day tasks • More objectivity around issues affecting • Places additional emphasis on the legal the Town department when fiscal, political, social, or other considerations may be more relevant. • Better able to assess risk Town Attorney— I recommend that the Town Attorney be hired by and report to the Town Council. The Town Manager should draft the Town Attorney's performance appraisals for Council's consideration and approval. Attachments: 1. Chart"Town of Oro Valley Organizational Structure" 2. Chart"Comparison Chart of Reporting Relationships within Arizona Cities and Towns" 3. Arizona Revised Statute Article 9, Section 237 "Appointive officers" 4. Town Code of Oro Valley 0 ' _ .dry...A. . 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Appointive officers In addition to the common council, the officers of every town shall be a town clerk, town marshal, town engineer and other officers deemed necessary by the common council, who shall be appointed as provided by ordinance of the town. http://www.azleg.state.az.us/FormatDocument.asp?format=print&inDoc---/ars/9/00237.ht... 05/29/2007 r Chapter 3 ADMINISTRATION Page 1 of 15 Chapter 3 ADMINISTRATION Articles: 3-1 OFFICERS IN GENERAL 3-2 OFFICERS 3-3 PERSONNEL SYSTEM 3-4 PROCUREMENT 3-5 PLANNING AND ZONING 3-6 ADVISORY BOARDS 3-7 SETTLEMENT AUTHORITY Article 3-1 OFFICERS IN GENERAL Sections: 3-1-1 Officers 3-1-2 Additional Officers 3-1-3 Bond 3-1-4 Vacancies; Holding More Than One Office 3-1-5 Additional Powers and Duties 3-1-1 Officers There are hereby created the offices of town manager, town clerk, planning and zoning director, town marshall/chief of police, town engineer, town attorney, town magistrate, town building official and finance director. The town manager, town clerk, town marshall/chief of police, town attorney and town engineer shall be appointed by the town council and shall serve at the pleasure of the council. These employees may be removed by the council by a majority vote of its members immediately for cause or, upon ninety (90) calendar days notice, without cause. The planning & zoning director, finance director, and building official, shall be appointed by the town manager and shall serve at the pleasure of the town manager. These employees may be removed by the town manager immediately for cause or, upon ninety (90) calendar days notice, without cause. Such officers shall have the right to submit personnel actions taken by the town manager to the town council for its review. The town magistrate shall be appointed by the town council for a term of office as provided in Section 5-2-1 of this code. (04-26, Amended, 09/15/2004; (0)93-06, Amended, 03/17/1993) 3-1-2 Additional Officers The town council may create such additional officers as it may deem necessary. Such additional officers shall be appointed by the town manager and shall serve at the pleasure of the town manager unless otherwise decided by the town council. ((0)93-06, Amended, 03/17/1993) 3-1-3 Bond The council shall require each officer of the town to give bond for the due discharge of his duties in such sums and with such security as it may direct and approve as determined by resolution. The town shall pay the costs of such bond. http://www.codepublishing.com/cgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 3 ADMINISTRATION Page 2 of 15 3-1-4 Vacancies; Holding More Than One Office A. Any vacancy that shall occur in the office of the town manager, town clerk, town marshall/chief of police, town attorney or town engineer shall be filled by appointment by the town council, provided that one person may hold more than one office and that, at the discretion of the town council, the functions of a town official may be validly performed and discharged by a deputy or other town official, or an otherwise qualified individual not holding office but employed at the pleasure of the council. Any vacancy that shall occur in the offices of the town planning & zoning director, town building official or town finance director shall be filled by appointment by the town manager, provided that one person may hold more than one office and that, at the discretion of the town manager, the functions of the town official designated may be validly performed and discharged by a deputy or other town official, or an otherwise qualified individual not holding office but employed at the pleasure of the town manager as set forth in section 3-1-1. B. Any vacancy that shall occur in the office of town magistrate shall be filled by appointment by the town council. (04-26, Amended, 09/15/2004; (0)93-06, Amended, 03/17/1999) 3-1-5 Additional Powers and Duties In addition to any powers and duties prescribed in this code, each officer shall have such further powers, perform such further duties and hold such other office as may be provided by the council through ordinance, resolution or order. Article 3-2 OFFICERS Sections: 3-2-1 Town Manager 3-2-2 Town Clerk 3-2-3 Town Marshal 3-2-4 Town Engineer 3-2-5 Town Attorney 3-2-6 Town Magistrate 3-2-7 Finance Director 3-2-1 Town Manager A. Office Created. The office of the town manager is hereby created and established. The town manager shall be appointed by the council on the basis of executive and administrative qualifications with special reference to actual experience in or knowledge of accepted practice in respect to the duties of office as hereinafter set forth; and he shall hold office for and at the pleasure of the council. B. Eligibility. Residence in the town, at the time of appointment, shall not be required as a condition of appointment. However, within six months from the date of appointment, the town manager must become a resident of the town. C. Bond. The town manager shall secure a corporate surety bond to be approved by the council in such sum as may be determined by the council. The bond shall be conditioned upon the faithful performance of the duties imposed on the manager as prescribed in this article. The bond fee shall be paid by the town. D. Absence. To perform the duties of town manager during the temporary absence or disability of the permanent town manager, the council may designate a qualified administrative officer or a member of the council of the town. E. Removal. The town manager may be removed by the town council by a majority vote http://www.codepublishing.com/cgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 3 ADMINISTRATION Page 3 of 15 of its members immediately for cause or without cause as set forth in the town manager's contract of employment. F. Resignation. The manager shall give in writing a thirty day notice of his intention to resign before leaving the office of town manager. G. Compensation. The manager shall receive such compensation as the council shall from time to time determine and fix by ordinance, resolution or motion, and said compensation shall be a proper charge against such funds of the town as the council shall designate. The town manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties, or incurred when traveling on business pertaining to the town as approved by the council; reimbursement shall be made only when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented and approved by the council. H. Powers and Duties. The town manager shall be the administrative officer of the town government and shall be responsible to the council for the proper administration of all affairs of the town under the specific direction and control of the council. In addition to the general powers as the chief administrative officer and not as a limitation thereon, it shall be the manager's responsibility and authority: 1. To see that all laws and ordinances of the town are duly enforced, and that all franchises and privileges granted by the town are faithfully observed. 2. To appoint and, when necessary, suspend or remove employees of the town including the town planning and zoning director, town finance director and town building official. The town marshall/chief of police, town clerk, and town engineer shall be appointed and terminated by the town council with consideration to recommendation of the town manager. The town manager shall render such recommendations as he may deem appropriate to the town council for their consideration and possible action. 3. To coordinate the administrative functions and operation of the various departments, boards, divisions and services of the town government, and on its behalf to carry out policies, rules, regulations and ordinances adopted by it, relating to the administration of the affairs of such departments, boards, divisions or services. Such powers and duties to be subject to the following provisions: a. That the organizational structure under which municipal services are performed shall be specified in an organization chart approved by the council. b. That prior to any creation, combination, consolidation or deletion of any positions of employment, written job descriptions or amendments thereto shall have been approved by the council. 4. To attend all meetings of the council unless excused therefrom and to attend, or designate a representative to attend, all board and commission meetings. 5. To recommend to the council for adoption such measures and ordinances as are necessary. 6. To recommend to the council at periodic intervals changes needed in the town code. 7. To prepare and to submit a summary of all contracts, agreements, etc. of which the town is a party for review by the council before March 1st of each year. 8. To keep the council at all times fully advised as to the financial conditions and needs of the town. To provide whatever reports to the council as it may deem necessary. 9. To prepare and submit to the council a proposed budget for the next fiscal and subsequent four fiscal years. 10. To procure or cause to be procured all supplies and equipment and to make arrangements for contractual services for all the departments or divisions of the town of an amount up to $20,000.00, letting contracts for between $1,000.00 and $20,000.00 on an "informal bid" process; and to receive sealed bids for procurements in excess of $20,000.00 and to present them to the council for approval. Procurements made by, through or with the Federal Government or its agencies, State of Arizona or its political subdivisions; or the Houston-Galveston Area Council (H-GAC) provided they continue to meet the requirements for bids as established by State and Federal Law, need not be http://www.codepublishing.com/cgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 3 ADMINISTRATION Page 4 of 15 submitted to the Council for approval, however such procurements are restricted to approved budgetary items only. 11. To analyze the functions, duties and activities of the various departments, boards and services of the town government and of all employees thereof, and to make such recommendations to the council with reference thereto, as in his judgment will result, if made effective, in the highest degree of efficiency in the overall operation of the town government. all complaints in relation to matters concerningthe administration 12. To investigate p of the town, its utilities or enterprises. 13. To exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the council. 14. To devote as much time to the duties of the office of town manager and the interest of the town as necessary. 15. To perform such other duties and exercise such other powers as may be delegated from time to time by ordinance or resolution of the council. I. Council to Act Through Manager. Except for the purpose of inquiry, the council and its members shall deal with the administrative branch solely through the manager, and neither the council nor any member thereof shall give orders to any subordinate of the manager either publicly or privately. However, by council action individual council members may be assigned specific administrative duties. In such cases the town manager shall make provisions for the appropriate staff members to work with such councilmembers. Specific authority and responsibilities shall be defined by the council. The town manager shall be kept informed regarding the administrative actions in the same manner as with any staff person and shall work with the councilmember to prevent duplication of effort or conflict of responsibility. 16. To settle, or cause to be settled all claims against the Town of Oro Valley for greater than $10,000, but not more than $20,000, in accordance with Section 3-7-1(B) of this Code. (04-26, Amended, 09/15/2004; 02-03, Amended, 01/09/2002; 00-28, Amended, 09/20/2000; 95-66, Amended, 07/12/1995) 3-2-2 Town Clerk A. Records. The Town Clerk shall keep a true and correct record of all business transacted by the Council and any other records that either pertain to the business of the town or that the Council directs. The Town Clerk shall plainly label and file separately all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and any other Town related documents. B. Public Inspection of Records. The Town Clerk shall keep convenient for public inspection all public records and public documents under the Clerk's control, as provided by State statute. C. Monthly Reports. The Town Clerk shall collect from town officials such monthly reports prepared in such manner and to include such information as may be directed by the Council. D. Synopsis Minutes. The Town Clerk shall prepare or cause to be prepared all minutes of Council proceedings and ensure their correctness and accuracy. E. Ordinances, Resolutions, Budgets and Notices. The Town Clerk shall process, record, file, publish and, if required by state statute, post all ordinances, resolutions, budgets and notices that may be passed by the Council. F. Duties as Treasurer. The Town Clerk shall also be treasurer of the town and have such duties and responsibilities as prescribed by the Arizona Revised Statutes. G. Election Official. The Town Clerk shall be the town election official and perform those duties required by Arizona Revised Statute 9-821, Title 16, and Title 19. 1. Pursuant to Arizona Revised Statute 16-201, on the eighth Tuesday prior to a General Election at which candidates for public office are to be elected, a Primary Election http://wvwv.codepublishing.comicgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 3 ADMINISTRATION Page 5 of 15 shall be held. 2. In accordance with Arizona Revised Statute 16-204(6)(2), the Town will hold their General Election on the third Tuesday in May. 3. Pursuant to Arizona Revised Statute 16-204, a Special Election may be held only on the consolidated Election dates prescribed by this Statute. H. Licenses. The Town Clerk shall issue or cause to be issued all licenses that may be prescribed by State Arizona Revised Statute 9-240(6)(19) or Chapter 8, Business Regulations, or the Oro Valley Town Code. No license shall be granted for more than one (1) year, and the charge for any license so issued by the Clerk shall not be less than ten ($10.00) dollars nor more than five thousand ($5,000) dollars. I. Administrative Duties. The Town Clerk shall perform those administrative responsibilities and duties that are conferred upon the Clerk by the Council in addition to those specified in this Code. J. Code Editor. The Town Clerk, in consultation with the Town Attorney, shall be designated as the Code Editor, and shall perform those duties associated with editing the Oro Valley Town Code. The Town Clerk shall not alter the sense, meaning, or effect of any Code provision, but may: 1. Renumber sections and parts of sections of newly enacted text. 2. Rearrange sections, parts of sections, articles, chapters, and titles. 3. Change reference numbers to agree with renumbered sections, parts of sections, articles, chapters, and titles. 4. Change capitalization for the purpose of uniformity. 5. Correct manifest clerical, typographical and electronic data base errors in statutory and nonstatutory text. 6. Electronically supplement the Code within thirty (30) days from the date of the final passage of the Ordinance, and each replacement page of the Code shall then be properly identified and timely inserted into each copy of the Code Notebook. L. Acceptance on Behalf of the Town. The Town Clerk is the proper party for acceptance of any and all official notices required to be served upon the Town of Oro Valley. The Town Clerk shall accept official notices in accordance with Arizona Revised Statute 12-821.01, and service of process in accordance with the Rules of Civil Procedure 4.1(c)(5)(j). (02-02, Amended, 01/09/2002) 3-2-3 Town Marshal The marshal shall be the chief of police, and he shall perform such duties as may be required of him by law and as the council may deem necessary. 3-2-4 Town Engineer The engineer shall have charge of the town streets and public works and shall perform such duties as may be required of him by law and such other duties as the council may deem necessary. 3-2-5 Town Attorney The Town Attorney shall act as the legal counselor and advisor of the council and other town officials and, as such, shall give an opinion in writing when requested; shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the Council; shall approve as to form, in writing, all drafts of contracts and all official or other bonds before final approval or acceptance thereof by the Council; shall return within fourteen (14) days all ordinances and resolutions submitted for consideration by the Council, with notes referencing approval or disapproval as to form, together with reasons therefor; shall supervise the prosecution and defense, or cause to be prosecuted and defended, all criminal and civil suits, actions or causes where the town is a party and shall report to the Council, when required, the condition of any suit or action to which the http://www.codepublishing.comlcgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 3 ADMINISTRATION Page 6 of 15 Town is a party; and shall have the authority to settle all claims against the Town of Oro Valley valued at less than $10,000 in accordance with Section 3-7-1(A) of this Code. (02-03, Amended, 01/09/2002) 3-2-6 Town Magistrate The town magistrate shall be the presiding officer of the magistrate's court and shall be selected by the council and shall perform those functions necessary to the maintenance of the magistrate's court as provided by state statute. 3-2-7 Finance Director The finance director shall receive and safely keep all monies that shall come to the town and pay out the same. He shall keep a separate record and account of each different fund provided by the council, apportion the monies received among the different funds as prescribed by the council, and keep a complete set of books showing: every money transaction of the town, the state of each fund, from what source the money in each fund was derived and for what purpose expended, and he shall make monthly reports to the council of all receipts and disbursements and the balance in each fund. At the end of the fiscal year he shall make a full and detailed statement of the receipts and expenditures of the town during the year, specifying the different sources of revenue and the amount received from each, all appropriations made by the mayor and council, and the object for which they were made, and the amount of money expended under each, the evidences of indebtedness issued, and what portion remains thereof outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand. The finance director shall further oversee the financial duties and obligations of the town and perform the necessary fiscal duties. (Amended 1/19/94) Article 3-3 PERSONNEL SYSTEM Sections: 3-3-1 Creation and Scope 3-3-2 Rules and Regulations 3-3-3 Political Contributions 3-3-1 Creation and Scope The town council may adopt a personnel system for the employees of the town, the provisions of which shall apply to all employees of the town as set forth in the personnel policies, except elected officials, persons engaged under contract to supply expert, professional or technical services and volunteer personnel who receive no regular compensation from the town. The town council may adopt rules and procedures pertaining to the officers of the town appointed directly by the council. ((0)93-06, Amended, 03/17/1993) 3-3-2 Rules and Regulations The council may adopt by resolution rules and regulations to give effect to this article, which may be modified or changed from time to time. 3-3-3 Political Contributions No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain. http://www.codepublishing.comlcgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 4 PUBLIC SAFETY Page 1 of 4 Chapter 4 PUBLIC SAFETY Articles: 4-1 POLICE DEPARTMENT Article 4-1 POLICE DEPARTMENT Sections: 4-1-1 Created; Composition 4-1-2 Appointment of Officers 4-1-3 Compensation of Officers 4-1-4 Departmental Rules and Regulations 4-1-5 Duties of Police Department 4-1-6 Answering Calls Outside the Town 4-1-7 Official Recognition of the F.O.P. Lodge #53 4-1-8 Public Safety Employee Relations and Processes 4-1-1 Created; Composition There is hereby created a police department for the town which shall consist of a chief of police who shall also serve as town marshal, and as many police officers as may from time to time be deemed necessary by the council for the safety and good order of the town. 4-1-2 Appointment of Officers The chief of police shall be appointed by the council and shall serve at the pleasure of the council. The council shall appoint police officers as may from time to time be deemed necessary for the safety and good order of the town. 4-1-3 Compensation of Officers The chief of police and the police officers of the town shall be compensated as determined by the council. The chief of police shall not receive any perquisites, commissions or compensation for his services as chief of police, town marshal or tax collector except as the council may prescribe. 4-1-4 Departmental Rules and Regulations The police department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the council. 4-1-5 Duties of Police Department It is the duty of the police department, under the direction of the chief of police, to: A. Enforce this code and the statutes of the State of Arizona within jurisdictional limits as conferred by law and to arrest and charge the violators thereof. B. Take charge of the town jail, if any, and all prisoners confined therein, and all those who are sentenced to labor on the streets or public works of the town and to see that orders and sentences with reference to such are fully executed and complied with. C. Deliver any persons who may be confined in the jail upon conviction of a crime committed under the jurisdiction of the magistrate's court to any authorized officer of the http://www.codepublishing.com/cgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 4 PUBLIC SAFETY Page 2 of 4 town who shall at any time demand such prisoners. Any such authorized person so demanding and receiving such prisoners shall work such prisoners on the streets or alleys of the town or on any and all authorized work as may be determined by the council. D. Render such account of the police department, its duties and receipts as may be required by the council, and keep records of the office open to inspection by the council at any time. E. Direct traffic and ensure the orderly flow thereof and investigate and make reports of traffic accidents. F. Inspect and ascertain the condition of traffic control devices of every description which have been erected within the town on the authority of the council and to notify the council of any defects found therein. G. Perform such additional duties as may be required by the council. 4-1-6 Answering Calls Outside the Town The members of the police department of the town are duly authorized to answer calls for aid and assistance beyond the corporate limits of the town pursuant to mutual aid agreements and state statutes. 4-1-7 Official Recognition of the F.O.P. Lodge #53 Public Safety Employee Associations are formally recognized as non-exclusive representatives of commissioned Oro Valley police officers with a rank of Sergeant or lower. (03-27, Amended, 08/20/2003; (0)99-33, Amended, 04/21/1999) 4-1-8 Public Safety Employee Relations and Processes A. Preamble The citizens of Oro Valley have a fundamental interest in the development of harmonious and cooperative relations between Management, Elected Officials, Administrators and public safety employees of the Town. Public safety employees have the right to join employee associations which comply with the laws of Arizona and to present proposals and testimony to the Town Council, and not to be discharged, disciplined or discriminated against because of the exercise of those rights. The Town of Oro Valley, its public safety employees and employee associations have a basic obligation to the public to assure the orderly and continuous operations and functions of government. Strikes, work stoppages, slowdowns, and other concerted efforts designed to disrupt Town of Oro Valley services, are contrary to the public good and are strictly prohibited. B. Purpose It is the purpose of this Section to obligate the Town management, public safety employees and their representatives, acting within the framework of law, to enter into discussions with an affirmative willingness to communicate and resolve issues that significantly impact working conditions. It is also the purpose of this Section to promote harmonious employer- employee relations by providing a uniform basis for recognizing the right of public safety employees to join, or to refrain from joining, an association of their own choice. Also, it is their right to be represented by such association(s) in their dealings with the Town in accordance with the provisions of this Section. Additionally, this Section provides that the results of agreements between the employer and its public safety employees shall be drafted into written Memorandums of Understanding. C. Public Safety Employee Group The employees eligible to participate in determining annual representation, in accordance with Part D below, include: Police Officers with the rank of Sergeant and below who are not in the academy, in field training or on reserve status as of August 1st of each year; and non-exempt civilian employees assigned to, supervised by or otherwise under http://www.codepublishing.com/cgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007 Chapter 4 PUBLIC SAFETY Page 3 of 4 the control of the Police Department. D. Representation Employee associations wishing to represent public safety employees shall submit a memorandum to the Town Manager by August 1st of each year, indicating their desire to represent the public safety employee group. In the event that only one employee association seeks to represent the public safety employee group, the Town Manager shall designate that employee association as the official organization for representation purposes provided for by this Section. In the event there is more than one employee association seeking to represent the public safety employee group, authorized representation for the group shall be determined by the presentation of a petition to the Town Manager containing the signatures of at least fifty percent (50%) plus one (1) of the employees in the public safety employee group by September 1st. The petition shall identify the employee association designated to represent those employees. Upon verification of the signatures by the Town Clerk and Human Resources Department, the Town Manager shall designate the named employee association as the official organization for representation purposes provided for by this Section. After the representative Association is designated, the public safety employee group shall designate a Public Safety Negotiation Committee ("PSNC") comprised of four (4) members of the public safety employee group. E. Meeting and Conferring By October 1st, the Town Manager or his/her designee shall notify the Association and the PSNC of the selection and names of the Management Negotiation Committee ("MNC") members. The PSNC shall submit proposals relating to wages, benefits, hours, safety regulations and other working conditions by November 30th of each year to the Town Manager or his/her designee. Upon receiving a proposal from the PSNC, the Town Manager or his/her designee shall submit a written response to the proposal within a reasonable time thereafter which shall be not more than forty-five (45) days after the receipt of the proposal. Within thirty (30) days from the receipt of the Town Manager's response, the PSNC and the MNC shall begin "meeting and conferring" at mutually agreed upon locations and times, for the purpose of entering into a written Memorandum of Understanding. The process shall be conducted in good faith by both parties. Meetings shall take place until an agreement is reached, or impasse is declared. Time spent by the PSNC in meet and confer-related meetings shall be regular duty hours. Regular duty hours time spent in non- negotiation meet and confer-related meetings shall be reasonable and require prior approval by Police Department Command Staff. Any final agreement reached by the MNC and the PSNC shall be in writing and signed by authorized persons. Those areas not agreed to shall be outlined as matters in dispute. Not later than April 15th, all areas of agreement, as well as those matters in dispute shall be brought forward at the next practical Town Council meeting. With due consideration of all matters, the Town Council may accept, reject, or modify those areas of agreement. The Town Council may also take whatever actions they feel appropriate with regard to those matters in dispute. Final action by the Town Council shall constitute the Memorandum of Understanding for the following fiscal year only. All time limits in this Section may be waived by mutual agreement of the MNC and the PSNC. F. Conflict with Arizona State Law In the event that any provision of this Section is in conflict with Arizona state law, including the Arizona Constitution, statutes, or court decisions, then to the extent of the conflict Arizona state law shall prevail over this Section. Any such conflict shall not impair the validity of all other provisions herein not in conflict with Arizona state law. (05-44, Amended, 11/02/2005; 04-28, Amended, 10/06/2004; 03-27, Amended, 08/20/2003; (0)99- http://www.codepubli shing com/c gi-b in/Compil e.pl?code=orovalley& &key=10... 04/09/2007 Chapter 5 MAGISTRATE Page 1 of 3 Chapter 5 MAGISTRATE Articles: 5-1 MAGISTRATE COURT ESTABLISHED; JURISDICTION 5-2 PRESIDING OFFICER 5-3 PROCEEDINGS OF COURT 5-4 JURY 5-5 MAGISTRATE COURT FEES Article 5-1 MAGISTRATE COURT ESTABLISHED; JURISDICTION Article 5-2 PRESIDING OFFICER Sections: 5-2-1 Town Magistrate 5-2-2 Pro-Tempore Magistrates 5-2-3 Powers and Duties of Town Magistrate 5-2-4 Hearing Officer 5-2-1 Town Magistrate The presiding officer of the magistrate's court shall be the town magistrate who shall be appointed by the town council. The town magistrate shall serve an initial term of two (2) years and subsequent terms of four (4) years, if reappointed, with the beginning and end of each term to be specified at the time of appointment/reappointment. During such term, the Town Magistrate may be removed only for cause by a majority vote of the Town Council. (03-10, Amended, 04/16/2003; (0)93-06, Amended, 03/17/1993) 5-2-2 Pro-Tempore Magistrates Special Magistrates shall be appointed in accordance with Administrative Order No. 2002-66 of the Arizona Supreme Court, and Administrative Order 2002-1 of the Oro Valley Magistrate Court, whereby Administrative Order 2002-1 of the Oro Valley Magistrate Court was made a public record of the Town of Oro Valley by Resolution No. (R)03-09. (03-04, Amended, 02/19/2003; (0)93-06, Amended, 03/17/1993) 5-2-3 Powers and Duties of Town Magistrate The powers and duties of the magistrate shall include: A. The powers and duties set forth and conferred upon him under the provisions of the state constitution and statutes, this code and the ordinances and resolutions of the town. B. The keeping of a docket in which shall be entered each action and the proceedings of the court therein. 5-2-4 Hearing Officer The town council may appoint one or more hearing officers to preside over civil traffic http://www.codepublishing.com/cgi-bin/Compile.pl?code=orovalley&ext=html&key=10... 04/09/2007