Presiding Magistrate Employment Contract

City of Chandler โ€” Regular Meeting (2021-06-24)

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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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