 |
AGENDA ITEM REVIEW FORM |
7.A.
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 to end Alicia Zermeño contract as a temporary assistant magistrate for the San Luis Municipal Court. (Jenny Torres, Acting City Manager)
SUMMARY:
Why the term "assistant" magistrate:
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.
Sequence of Events
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.
On January 23, 2023, Judge Haws issued an Administrative Order for Alicia Zermeño to perform the duties of an on-call, as-needed, temporary municipal magistrate with the Contract of the City.
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.
On July 24, 2023, the Staff gave Ms. Zermeño in-person verbal notice that the Staff intended to recommend to the City Council termination of the contract due to the budgetary constraints of having to pay two (2) temporary assistant magistrates.
On July 26, 2023, City Council approved hiring Mr. Landau. His contract is on the City Council's August 9, 2023, agenda.
On August 3, 2024, Staff provided written notice to Ms. Zermeño of the recommendation to end the contract.
Recommendation
Due to budgetary concerns, the Staff recommends ending the contract with Ms. Zermeño. Mr. Landau needs time to attend to personal and professional matters and requested Ms. Zermeño attend to the cases through August 18. So, Staff is recommending that the contract cover through August 18. At the next Council Meeting, the Staff intends to bring a final item on this contract. Payments on Ms. Zermeño's contract have exceeded the $45,000 limit. Once finance has the final dollar amount, the Staff will bring the final amount for ratification.
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.
Sequence of Events
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.
On January 23, 2023, Judge Haws issued an Administrative Order for Alicia Zermeño to perform the duties of an on-call, as-needed, temporary municipal magistrate with the Contract of the City.
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.
On July 24, 2023, the Staff gave Ms. Zermeño in-person verbal notice that the Staff intended to recommend to the City Council termination of the contract due to the budgetary constraints of having to pay two (2) temporary assistant magistrates.
On July 26, 2023, City Council approved hiring Mr. Landau. His contract is on the City Council's August 9, 2023, agenda.
On August 3, 2024, Staff provided written notice to Ms. Zermeño of the recommendation to end the contract.
Recommendation
Due to budgetary concerns, the Staff recommends ending the contract with Ms. Zermeño. Mr. Landau needs time to attend to personal and professional matters and requested Ms. Zermeño attend to the cases through August 18. So, Staff is recommending that the contract cover through August 18. At the next Council Meeting, the Staff intends to bring a final item on this contract. Payments on Ms. Zermeño's contract have exceeded the $45,000 limit. Once finance has the final dollar amount, the Staff will bring the final amount for ratification.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE THAT THE CONTRACT WITH ALICIA ZERMEÑO DATED JANUARY 25, 2023, SHALL TERMINATE AT THE END OF THE BUSINESS DAY ON AUGUST 18, 2023.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- To Be Determined
- BUDGETED AMOUNT:
- $45,000.00
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- To Be Determined
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
Payment is $500 per day. The fiscal impact depends upon how many days operationally will be needed through August 18, 2023. The payments have already exceeded the $45,000 cap in the contract.