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AGENDA ITEM REVIEW FORM |
7.B.
Regular City Council Meeting
- Meeting Date:
- 02/28/2024
- 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 the employment contract of Chief of Police Nigel I. Reynoso. (Jenny Torres, Acting City Manager)
SUMMARY:
As required by Arizona law, non-judicial positions appointed by the City Council must have a maximum term of two (2) years so as not to extend beyond the staggered terms of the City Council, under the long-standing case of Pima County v. Grossetta, 54 Ariz. 530, 538, 97 P.2d 538,541 (1939). The Chief of Police is a position created by ordinance. The version of the City Code passed August 9, 2023, states in the relevant part:
San Luis City Code Section § 2.20.020 - "The City Council shall appoint the Chief of Police, who shall serve at the pleasure of the Council[.]
"The contract is similar to prior Chief of Police contracts, except for Section V, Subsection B. This section allows that if the contract is terminated without cause before December 30, 2025, the Chief may return to the force in a position other than the Chief of Police through at least December 30, 2025, so as not to disrupt his retirement in the Arizona Public Safety Personnel Retirement System.
The contract has been reviewed by the Arizona Municipal Risk Retention Pool law firm Pierce & Coleman PLC. The Chief has had an opportunity to review the contract and agrees with it.
San Luis City Code Section § 2.20.020 - "The City Council shall appoint the Chief of Police, who shall serve at the pleasure of the Council[.]
"The contract is similar to prior Chief of Police contracts, except for Section V, Subsection B. This section allows that if the contract is terminated without cause before December 30, 2025, the Chief may return to the force in a position other than the Chief of Police through at least December 30, 2025, so as not to disrupt his retirement in the Arizona Public Safety Personnel Retirement System.
The contract has been reviewed by the Arizona Municipal Risk Retention Pool law firm Pierce & Coleman PLC. The Chief has had an opportunity to review the contract and agrees with it.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE THE EMPLOYMENT CONTRACT WITH THE CHIEF OF POLICE NIGEL I. REYNOSO, AS ATTACHED TO THIS AGENDA ITEM.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- Yes
- CITY/STATE/FEDERAL FUNDS:
- City
- TOTAL:
- $177,000.00 (with benefits)
- BUDGETED AMOUNT:
- Yes
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- 100-181 Police Department Salaries Account
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
The proposed Police Chief contract is $120,000 per year plus benefits, not to exceed $177,000.00 yearly.