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AGENDA ITEM REVIEW FORM |
3.B.
Special City Council Meeting
- Meeting Date:
- 03/02/2016
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
ITEM:
Discussion and possible action on any and all matters regarding a contract to temporarily cover the Municipal Court after the retirement of Magistrate Rosendo Morales, Jr. (Tadeo A. De La Hoya, Interim Manager)
SUMMARY:
Magistrate Rosendo Morales, Jr. has retired and his last full-day in office was March 1, 2016. Under A.R.S. §22-403(B), Justices of the Peace can serve both as Justices of the Peace and as Municipal Court Magistrates if the City is within their precinct. The City of San Luis is in Justice Court Precinct 2. The Justice of the Peace for Precinct 2 is Juan M. Guerrero. Staff met with Presiding Superior Court Judge for Yuma County, his staff and in-coming Presiding Judge Maria Elena Cruz. In reviewing the various laws, regulations, and ethical opinons regarding temporary appointments of judges the best solution for immediate coverage of San Luis Municipal Court was for the Justice of the Peace to cover it. Although the Superior Court is the supervisory court for all the Courts in the County, the laws controlling the ability of the Court to appoint a Magistrate it turns out are not completely clear about Magistrates. Of particular concern is section 1-305 of the Code of Judicial Administration which seems to require a selection process. The City Code Section 31.01 is clear that Council can appoint the Magistrate. So it ended up best for the City to contract rather than for the Presiding Judge to assign coverage.
Interim City Manager and City Attorney also met with the J.P. Guerrero and were satisfied that the Justice of the Peace would be able to handle the volume of cases for both courts and he is willing do the coverage. Staff is recommending the attached contract.
Because Magistrate position would be vacant as of the start of the business day on March 2, 2016 and City Council's meeting started at 6:30 p.m. the same day, staff is requesting that Council ratify the contract for the hours of coverage for March 2, 2016 before Council's action.
Going forward, this contract gives the City time to recruit candidates to consider for appointment of Magistrate. The first part of Limited Jurisdiction New Judge Orientation training is scheduled to start on April 11, 2016. It would be ideal to have selected a Magistrate in time for this training in April. However, Under the Code of Judicial Administration §1-302(I)(5) the training must be completed within 12 months of assuming the office of Magistrate. So there would be time if for any reason a candidate is not selected in time for this up-coming training in April.
Interim City Manager and City Attorney also met with the J.P. Guerrero and were satisfied that the Justice of the Peace would be able to handle the volume of cases for both courts and he is willing do the coverage. Staff is recommending the attached contract.
Because Magistrate position would be vacant as of the start of the business day on March 2, 2016 and City Council's meeting started at 6:30 p.m. the same day, staff is requesting that Council ratify the contract for the hours of coverage for March 2, 2016 before Council's action.
Going forward, this contract gives the City time to recruit candidates to consider for appointment of Magistrate. The first part of Limited Jurisdiction New Judge Orientation training is scheduled to start on April 11, 2016. It would be ideal to have selected a Magistrate in time for this training in April. However, Under the Code of Judicial Administration §1-302(I)(5) the training must be completed within 12 months of assuming the office of Magistrate. So there would be time if for any reason a candidate is not selected in time for this up-coming training in April.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE, ADOPT, AND RATIFY THE CONTRACT FOR MAGISTRATE PENDING PERMANENT APPOINTMENT.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- $25,000.00
- BUDGETED:
- No
- AVAILABLE TO TRANSFER:
- $25,000.00
- ACCOUNT #/REMAINING BALANCE:
- $25,000.00
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
It is anticipated that the fiscal impact will be $1,336.40 every 2 weeks until the position is filled by City Council's appointment of a Magistrate.
The budget is transferred from salaries to contractual services .
Contractual Services is Account # 100 160 80 000.
The budget is transferred from salaries to contractual services .
Contractual Services is Account # 100 160 80 000.