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AGENDA ITEM REVIEW FORM |
6.C.
Regular City Council Meeting
- Meeting Date:
- 08/09/2023
- 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 an employment contract with Jerry Landau as an Assistant Magistrate to serve temporarily part-time per City Council action on July 26, 2023. (Jenny Torres, Acting City Manager)
SUMMARY:
On January 11, 2023, the Arizona Supreme Court ordered the Yuma Superior Court Presiding Judge David M. Haws to take administrative control and oversight of the day-to-day operations of the San Luis Municipal Court due to the resignation of the city's magistrate.
Alicia Zermeño has been performing the duties of an on-call, as-needed, temporary municipal magistrate upon the contract of the City Council and Administrative Order of Judge Haws, which he issued on January 23, 2023.
On July 18, 2023, Judge Haws appointed Jerry G. Landau as an on-call, as-needed, temporary municipal magistrate. As is the rule for all temporary magistrates, the city must pay the costs.
Side Note: In the orders, the term "assistant" magistrate is used for municipal court temporary magistrates because the term "pro tem" or "pro tempore" judge is not used in the Arizona statutes for temporary magistrates in municipal court.
Under the San Luis City Code §§ 2.30.200 and 2.30.210, the City Council has the power to appoint magistrates and assistant magistrates who serve in the absence of a magistrate.
Experience of Jerry G. Landau
Jerry G. Landau was admitted to practice law by the Arizona State Bar in 1975. He worked as a Deputy Maricopa County Attorney and rose to prominence as a prosecutor. After retiring in 2004, he began as a legislative liaison for the Arizona Supreme Court, Administrative Office of the Court ("AOC"), as the Director of Government Affairs. He is still affiliated with the AOC as a Special Projects Consultant. The Court-appointment to the San Luis Municipal Court is one of the projects. He was recently appointed to Page Justice Court and Maricopa County Courts for temporary judicial assignments.
City Council Action on July 26, 2023
At City Council's July 26, 2023, Regular Meeting, Council approved hiring Jerry Landau as a part-time, temporary regular employee at the rate of $79.18 per hour for 28 hours per week and mileage for one round-trip a week from his home in Maricopa County, and lodging. The staff estimated the cost of mileage and lodging at approximately $847.06 per week. The commute to and from the hotel to the San Luis Municipal Court will be treated as an employment commute and will not be compensated separately from his hourly pay. The foregoing terms are in the contract. At the July 26 meeting Council directed the Acting City Manager to sign the contract since he had already been appointed by the Presiding Judge on July 18, 2023, and staff needed to start compensating him for the initial ground-work time he has put in on behalf of the San Luis Municipal Court.
After negotiating the contract the fiscal impact is more than anticipated at the July 26 Council Meeting.
Alicia Zermeño has been performing the duties of an on-call, as-needed, temporary municipal magistrate upon the contract of the City Council and Administrative Order of Judge Haws, which he issued on January 23, 2023.
On July 18, 2023, Judge Haws appointed Jerry G. Landau as an on-call, as-needed, temporary municipal magistrate. As is the rule for all temporary magistrates, the city must pay the costs.
Side Note: In the orders, the term "assistant" magistrate is used for municipal court temporary magistrates because the term "pro tem" or "pro tempore" judge is not used in the Arizona statutes for temporary magistrates in municipal court.
Under the San Luis City Code §§ 2.30.200 and 2.30.210, the City Council has the power to appoint magistrates and assistant magistrates who serve in the absence of a magistrate.
Experience of Jerry G. Landau
Jerry G. Landau was admitted to practice law by the Arizona State Bar in 1975. He worked as a Deputy Maricopa County Attorney and rose to prominence as a prosecutor. After retiring in 2004, he began as a legislative liaison for the Arizona Supreme Court, Administrative Office of the Court ("AOC"), as the Director of Government Affairs. He is still affiliated with the AOC as a Special Projects Consultant. The Court-appointment to the San Luis Municipal Court is one of the projects. He was recently appointed to Page Justice Court and Maricopa County Courts for temporary judicial assignments.
City Council Action on July 26, 2023
At City Council's July 26, 2023, Regular Meeting, Council approved hiring Jerry Landau as a part-time, temporary regular employee at the rate of $79.18 per hour for 28 hours per week and mileage for one round-trip a week from his home in Maricopa County, and lodging. The staff estimated the cost of mileage and lodging at approximately $847.06 per week. The commute to and from the hotel to the San Luis Municipal Court will be treated as an employment commute and will not be compensated separately from his hourly pay. The foregoing terms are in the contract. At the July 26 meeting Council directed the Acting City Manager to sign the contract since he had already been appointed by the Presiding Judge on July 18, 2023, and staff needed to start compensating him for the initial ground-work time he has put in on behalf of the San Luis Municipal Court.
After negotiating the contract the fiscal impact is more than anticipated at the July 26 Council Meeting.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE ASSISTANT MAGISTRATE CONTRACT WITH JERRY LANDAU AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- See the Fiscal Impact Statement
- BUDGETED AMOUNT:
- See the Fiscal Impact Statement
- AVAILABLE AMOUNT TO TRANSFER:
- See the Fiscal Impact Statement
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- See the Fiscal Impact Statement
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The City has sufficient budget for this temporary employment. The hourly pay will come from the salary line budgeted for the Magistrate, which is currently vacant. Temporary, part-time, employees do not receive employee benefits other than 40 hours per year for sick leave under Arizona law. The rate of $79.18 per hour, times a maximum of 28 hours per week, equals $2,271.04 per week.
The mileage, 6 hours travel time, meals and lodging will come from other vacancies in the staffing of the Municipal Court.
The GSA rate for mileage is $0.655 per mile, the round trip mileage is compensated for 382 miles $250.21, per week.Compensation for 6 Hours travel time times $79.18 per hour is $475.08 . So the total compensation for travel is $725.30
The GSA rate for lunch is $15 and for dinner $26, which is less than they City’s rate. It is anticipated
3 lunches and 2 Dinners per week for a total of $97.00 per week.
The GSA rate for lodging is $151 per night for an estimated maximum of 4 times per week for $604 per week.
The mileage, 6 hours travel time, meals and lodging will come from other vacancies in the staffing of the Municipal Court.
The GSA rate for mileage is $0.655 per mile, the round trip mileage is compensated for 382 miles $250.21, per week.Compensation for 6 Hours travel time times $79.18 per hour is $475.08 . So the total compensation for travel is $725.30
The GSA rate for lunch is $15 and for dinner $26, which is less than they City’s rate. It is anticipated
3 lunches and 2 Dinners per week for a total of $97.00 per week.
The GSA rate for lodging is $151 per night for an estimated maximum of 4 times per week for $604 per week.