City Magistrate Employment Agreement - Patrick Gann

CHANDLER CITY MAGISTRATE
EMPLOYMENT AGREEMENT

THIS AGREEMENT (“Agreement”) is made and entered by and between the CITY OF
CHANDLER (the “City”), an Arizona municipal corporation, by its Mayor, and PATRICK GANN
(the “Employee”), (the City and the Employee may individually be referred to as “Party” and
collectively referred to as “the Parties”) on this__ day of ,20__
(Effective Date).

WITNESSETH:

WHEREAS, the City desires to employ the services of the Employee as City Magistrate of the
City of Chandler, Arizona; and

WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain
conditions of employment, and to set working conditions of said Employee; and

WHEREAS, it is the desire of the City Council to (1) secure and retain the services of the
Employee and to provide inducement for the Employee to remain in such employment, (2)
to make possible full work productivity by assuring the Employee's morale and peace of
mind with respect to future security, (3) to act as deterrent against malfeasance or
dishonesty for personal gain on the part of the Employee, and (4) to provide a just means
for terminating the Employee's services at such time as the Employee may be unable fully
to discharge the Employee's duties or when the City may desire to otherwise terminate the
Employee’s employ; and

WHEREAS, the Employee desires to accept employment as a City Magistrate of the City.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:

AGREEMENT
Section1. Duties
The City hereby agrees to engage the Employee as a City Magistrate of the City to perform
the functions and duties specified in the City Charter and City Code and to perform such
other legally permissible and proper duties and functions as the City Council and Presiding
City Magistrate shall from time to time assign.

Section2. Term

A. The term of this Agreement shall be from July 1, 2021, through June 30, 2023.

B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of
the City Council to terminate the services of the Employee as provided by State law.

C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the Employee to resign at any time from employment with the City, subject only to the
provisions set forth in Section 3 of this Agreement.

D. Outside employment of the Employee shall not be permitted except with written
permission of the Presiding City Magistrate. Such permission will not be given if it is
determined that such employment is likely to:

1. Physically or mentally hamper the Employee in his or her ability to do the job
required by the City;

2. Bring discredit to the City service, the Court, or the Employee;

3. Be in conflict with the Employee's duties as a City Magistrate and/or employee of the
City.

Section 3. Resignation

In the event the Employee voluntarily resigns from employment with the City before the
expiration of the term of this Agreement, the Employee shall give the Presiding City
Magistrate a minimum of two months written advance notice, or such advance notice as
may be otherwise mutually agreed upon.

Section 4. _ Disciplinary Actions

A. The Employee works at the direction of the Presiding City Magistrate and will be held to
the high standards of conduct expected of a judicial officer and an employee of the City.
The Employee shall be subject to disciplinary action up to and including dismissal for
deficient performance or conduct that is inconsistent with the Code of Judicial Conduct
or would result in disciplinary action if committed by any other City employee. The
Presiding City Magistrate may issue discipline to the Employee in the form of a written
reprimand or an unpaid disciplinary suspension of fewer than 30 calendar days.

B. For suspensions without pay, the process for issuing discipline set forth in Personnel
Rule 5, section 1, shall be followed including the issuance of a written pre-disciplinary
notice which states the specific reason(s) and supporting evidence for the disciplinary
action, an opportunity for the Employee to respond, and a final determination by the
Presiding City Magistrate. The Employee may appeal an unpaid suspension to the City
Council within five (5) work days of receiving the Presiding City Magistrate's final notice

of suspension without pay. Within 14 days of receipt of the Employee's appeal, the City
Council shall set a hearing for the Presiding City Magistrate and the Employee to
present their respective positions on why the discipline should or should not be upheld.
The City Council's decision on the matter shall be rendered in open session and shall be
final and not subject to appeal.

C. If the Presiding City Magistrate determines the Employee's conduct warrants a
suspension without pay greater in length than 30 calendar days, demotion, or dismissal,
the Presiding City Magistrate shall refer the disciplinary action to the City Council unless
both the Employee and the Presiding City Magistrate stipulate that the Presiding City
Magistrate can issue disciplinary action in excess of a 30 day calendar day suspension
without pay. Before referring the disciplinary action to the City Council, the Presiding
City Magistrate shall issue to the Employee a notice of intent to recommend the specific
disciplinary action and provide the Employee with three work days following receipt of
the notice to respond in writing stating why the proposed disciplinary action should not
be taken. Within three days from receipt of the Employee's response, the Presiding City
Magistrate may decide to rescind the notice of intent or may refer the notice and the
Employee's response to the City Council for a final decision. Within 14 days of receipt of
the notice and the Employee's response, the City Council shall set a hearing for the
Presiding City Magistrate and the Employee to present their respective positions on why
the action should or should not be taken. The City Council's decision on the matter shall
be rendered in open session and shall be final and not subject to appeal.

D. The Presiding City Magistrate may suspend the Employee with pay whenever the
Presiding City Magistrate believes such a suspension would be in the best interest of
the Court. Suspension with pay shall not be considered a disciplinary action and the
Employee shall have no appeal rights.

Section5. Salary
A. The City agrees to pay the Employee for the services rendered pursuant to this

Agreement an annual salary payable in installments at the same time regular
employees of the City are paid as follows:

Time Period Annual Salary
July 1, 2021 through June 30, 2022 $ 170,881.08
July 1, 2022 through June 30, 2023 $ 176,007.51

If during the term of this Agreement the base salary of any other City Magistrate
changes in accordance with the terms of his or her Agreement then the Employee's

annual base salary shall change to be equal to that of the other City Magistrate and
such change shall be effective as of the same effective date as the change to the other
City Magistrate's salary.

B. Ongoing annual salary adjustments and merit increases approved for non-represented
employees shall not apply to the Employee during the term of the Agreement.

C. If, during the term of this Agreement, the City agrees to provide any payment to all non-
represented employees that is not added to base salaries, City agrees to pay the
Employee the same amount or percentage approved for such employees.

Section6. Hours of Work

A. The Employee shall work no fewer than 40 hours per week except when a City holiday
occurs or when a leave is approved by the Presiding City Magistrate or a sick leave is

taken as authorized under the City Personnel Rules.

B. In the event Employee is required to work more than 40 hours in a week, the Employee
shall not be compensated for the additional time.

Section 7. Dues and Subscriptions

The City agrees to budget and pay for the professional dues and subscriptions of the
Employee necessary for continuation and full participation in national, regional, state, and
local associations and organizations necessary and desirable for continued professional
participation, growth, and advancement, and for the good of the City subject to the City's
determination as to what is necessary.

Section 8. Professional Development

The City shall budget and pay for the travel and subsistence expenses of the Employee for
professional and official travel, meetings, and occasions adequate to continue the
professional development of the Employee and to adequately pursue necessary official and
other national, regional, state, and local governmental groups and committees thereof
which the Employee serves as a member, subject to City’s determination as to what is
necessary.

Section9. Other Terms and Conditions of Employment

A. The City Council shall fix such other terms and conditions of employment as it may
determine from time to time relating to performance of the Employee, provided such
terms and conditions are not inconsistent with or in conflict with the provisions of this
Agreement, the City Charter, or any other law.

B. All provisions of the City Charter and Code, and the Personnel Rules, Policies, and
Administrative Regulations of the City relating to vacation and sick leave, retirement
and retirement system contributions, holidays, and other fringe benefits and working
conditions as they now exist or hereafter may be amended, also shall apply to the
Employee as they would to other employees of City, in addition to said benefits
enumerated specifically for the benefit of the Employee. The Employee shall pay the
same amount of employee and dependent premiums for the City health and dental
plans as paid by other employees of the City.

C. The Employee shall accrue vacation and sick leave benefits as follows:

1. Vacation: The Employee shall accrue vacation hours as set forth under Personnel
Rule 15, Section 4(C). Personnel Rule 15, Section 5 shall apply to the Employee's
accrual of vacation credits in excess of 240 hours. Excess vacation hours may be
contributed to the Retirement Health Savings Plan as provided in CC-Reg. CM-57.

2. Sick Leave: The Employee shall accrue and use sick leave, including Statutory
Sick Leave, as set forth in Personnel Rule 15 and may convert sick leave to
vacation credits as provided under Rule 15 and the Sick Leave Conversion
Program, CC-Reg. CM-71.

D. Payment of sick leave upon leaving City service or death:

1. Upon leaving City service, the Employee shall be entitled to compensation for
accumulated sick leave under the provision of Personnel Rule 15 governing
payment of sick leave for regular employees upon retirement.

2. If the Employee dies prior to leaving City service, the Employee's beneficiaries
shall be entitled to compensation for the Employee's accrued sick leave as
provided in Personnel Rule 15.

E. The Employee shall be covered by the City’s insurance for malpractice and errors and
omissions. City shall provide the Employee with term life insurance coverage in an
amount equal to 1.5 times Employee's annual salary.

F. The Employee shall be provided an additional amount of $1,000.00 per year to be
deposited into the City’s Deferred Compensation Plan. The Employee may contribute
additional amounts, up to the maximum allowed, to be deposited into the deferred
compensation plan on a bi-weekly basis.

Section 10. General Provisions
A. The text herein shall constitute the entire Agreement between parties.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and
executors of the Employee.

C. If any provisions, or any portion thereof, contained in this Agreement is held to be
unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected, and shall remain in full force
and effect.

Section 11. Reappointment

Nothing in this Agreement shall give the Employee an employment right beyond the term
set forth herein. In accordance with Section 2.09(c) of the Chandler City Charter, the
reappointment of the Employee shall be at the pleasure of the City Council.

IN WITNESS WHEREOF the Parties hereto have executed this Agreement.

FOR THE CITY FOR THE EMPLOYEE

By: By: Artrh “A ‘ Gan
Mayor Patrick Gann

APPROVED AS TO FORM:

By:
City Attorney Kar

ATTEST:

By:

City Clerk