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AGENDA ITEM REVIEW FORM |
5.C.
Regular City Council Meeting
- Meeting Date:
- 03/09/2016
- 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 minor amendment to the contract for the services of a Magistrate pending the recruitment for the appointment of a Magistrate by San Luis City Council. (Kay Marion Macuil, City Attorney)
SUMMARY:
Upon further review of the contract City Council approved with Justice of the Peace Guerrero at its Special Meeting on March 2, 2016, the contract needs to be clearer that it is a contract for services and not as an employee of the City. Specifically, section 4 describing the way payments are to be made show the timing to correspond with payroll . That has been amended out so that it is simply to be paid by accounts payable. Now that this provision is amended, this makes it clear that the City shall NOT be paying employee expenses such as Social Security and Medicare.This item comes before City Council to approve this minor amendment.
The services are contractual in nature due to the following circumstances. Presiding Judge Nelson of the Yuma County Superior Court has appointed Justice of the Peace Juan Guerrero to serve as the Magistrate for the City of San Luis by the Superior Court’s Administrative Order 2016-03 dated March 2, 2016. Under A.R.S. § 22-403(B) a Justice of the Peace is eligible to serve as a Magistrate without forfeiting his office as Justice of the Peace. The City requested the Superior Court's assistance in finding temporary coverage of the Court following the retirement of Magistrate Morales on March 1, 2016. The Superior Court has authority to do so under the Arizona Constitution Article 6, Section 3 and the Arizona Supreme Court Administrative Order 2005-32 issued on May 16, 2005. The City is engaging the services of Magistrate on a temporary basis. During this time the City expects to actively pursue recruitment of a full-time Magistrate for appointment by City Council.
In his capacity as Notary Public, Interim Manager Tadeo A. De La Hoya administered the oath of office to Justice of the Peace Guerrero as Magistrate the morning of March 2, 2016. After the oath, Judge Guerrero immediately started work as Magistrate.
The services are contractual in nature due to the following circumstances. Presiding Judge Nelson of the Yuma County Superior Court has appointed Justice of the Peace Juan Guerrero to serve as the Magistrate for the City of San Luis by the Superior Court’s Administrative Order 2016-03 dated March 2, 2016. Under A.R.S. § 22-403(B) a Justice of the Peace is eligible to serve as a Magistrate without forfeiting his office as Justice of the Peace. The City requested the Superior Court's assistance in finding temporary coverage of the Court following the retirement of Magistrate Morales on March 1, 2016. The Superior Court has authority to do so under the Arizona Constitution Article 6, Section 3 and the Arizona Supreme Court Administrative Order 2005-32 issued on May 16, 2005. The City is engaging the services of Magistrate on a temporary basis. During this time the City expects to actively pursue recruitment of a full-time Magistrate for appointment by City Council.
In his capacity as Notary Public, Interim Manager Tadeo A. De La Hoya administered the oath of office to Justice of the Peace Guerrero as Magistrate the morning of March 2, 2016. After the oath, Judge Guerrero immediately started work as Magistrate.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE AMENDED CONTRACT FOR MAGISTRATE SERVICES AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- Undetermined
- BUDGETED:
- $25,000.00
- AVAILABLE TO TRANSFER:
- Done 3/2/16
- ACCOUNT #/REMAINING BALANCE:
- $56,500.00
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There is a fiscal impact of $1,336.40 every 2 weeks starting March 2, 2016 until the position is filled by City Council appointing a Magistrate.
A budget transfer was brought before council at the March 2, 2016 Special Meeting. It transferred $25,000.00 from the Salaries Account for the Magistrate to the Contractual Services Account # 100-160-80 000.
A budget transfer was brought before council at the March 2, 2016 Special Meeting. It transferred $25,000.00 from the Salaries Account for the Magistrate to the Contractual Services Account # 100-160-80 000.