Presiding Magistrate Employment Contract
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CHANDLER PRESIDING CITY MAGISTRATE
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered by and between the CITY OF CHANDLER (the "City''),
an Arizona municipal corporation, by its Mayor, and ALICIA MORRISON SKUPIN (the
"Employee"), (the City and the Employee may individually be referred to as the "Party'' and
collectively referred to as the "Parties'') on this __ day of _______
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(Effective Date).
WITNESS ETH:
WHEREAS, the City desires to employ the services of the Employee as Presiding 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 the 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 the Presiding City Magistrate of
the City;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
AGREEMENT
Section 1.
Duties
The City agrees to engage the Employee as the Presiding City Magistrate of the City tb
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
shall from time to time assign.
Section 2.
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 ยท
of the City Council to terminate the services of the Employee as provided by St.ate
law, subject only to the provisions set forth in Section 4 of the Agreement.
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 provision set forth in Section 3 of the Agreement.
D.
The Employ.ee agrees to remain in the exclusive employ of the City and neither to
accept, nor to become employed by any other employer. This provision does not
prohibit the Employee from occasionally teaching on the Employee's time off with
the advance approval of the Mayor.
Section 3.
Resignation
In the event the Employee voluntarily resigns from employment with the City before the
expiration of the Term of the Agreement set forth under Section 2, then Employee shall
give the City a minimum of two months advance notice before the Employee's final date of
employment, or such advance notice as may be otherwise mutually agreed upon.
Section 4.
Disciplinary Action
The Employee shall be held to high standards of conduct that would be expected qf a
Chandler Presiding City Magistrate and member of the Arizona judiciary. The Employee
may be subject to disciplinary action up to and including dismissal for cause. Cause for
disciplinary action includes violations of City rules, policies, and regulations that would
result in disciplinary action if committed by other City employees; violations of the
Chandler City Charter or City Code; violations of State or Federal law; and conduct that is
inconsistent with the Code of Judicial Conduct, Administrative Order No. 2005-32 of the
Supreme Court of Arizona, and any other Rule or law governing the conduct of judges in
Arizona. The Employee shall be given notice and an opportunity to be heard in any
disciplinary action.
Section 5.
Salary
A.
The City agrees to pay the Employee for services rendered pursuant to this
Agreement an initial annual base salary of $195,000, payable in installments at the
same time regular employees of the City are paid.
B.
The Employee's annual base salary shall increase by three percent (3%) for the
period of July 1, 2022, through June 30, 2023.
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C.
Ongoing salary adjustments
and
merit increases
approved for regular,
unrepresented employees during the term of the Agreement shall not apply to the
Employee.
D.
If during the term of the Agreement the City agrees to provide any payment to all
regular, unrepresented employees that is not added to base salaries, the City shall
pay the Employee the same amount or percentage approved for such employees.
Section 6.
Hours of Work
A.
The Employee shall work a full-time schedule of no fewer than 40 hours per week
except when a City holiday occurs or when a leave is approved by the Mayor or a
sick leave is taken as provided under the City Personnel Rules.
B.
In the event the 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 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 hereby agrees to 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 on which Employee serves as a member, subject to the City's
determination as to what is necessary.
Section 9.
Other Terms and Conditions of Employment
A.
The City Council shall fix any such other terms and conditions of employment, as it
may determine from time to time, relating to the performance of the Employe~,
provided such terms and conditions do not interfere with the judicial integrity and
independence of the Employee and are not inconsistent with or in conflict with the
provisions of this Agreement, the City Charter and Code, 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 pension system contributions, holidays, and other fringe benefits and working
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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 provisions of the Personnel Rules
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 pursuant to the Personnel Rules.
E.
The Employee shall be covered by the City's insurance for malpractice and errors
and omissions.
F.
The Employee shall be entitled to annual deferred compensation in an amount
equal to seven percent (7%) of the Employee's base salary. This amount shall be
paid in equal bi-weekly amounts and deposited into the City's deferred .
compensation plan on a bi-weekly basis. The Employee may contribute additional
amounts up to the maximum allowed by law.
'
G.
The City shall provide term life insurance in an amount equal to 1.5 times the
Employee's annual salary payable to the Employee's designated beneficiaries.
H.
The City shall provide a $40 per month allowance for the use of the Employee's own
personal cell phone for City business. This allowance will be paid on a bi-weekly
basis.
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Section 10.
Residency Requirement
Because of the extraordinary conditions affecting the local housing market, the Employee
shall have up to 12 months from the commencement of the Agreement to become a
resident of the city.
Section 11.
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 are 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 12.
Reappointment
Nothing in this Agreement shall give the Employee an employment right beyond the terms
set forth herein. Pursuant to Chandler Charter Section 2.09{c) 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:
MAYOR
ALICIA MORRISON SKUPIN
APPROVED AS TO FORM:
By: ________ -=-=---
City Attorney ;effl-
ATTEST:
By: ___________ _
City Clerk
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