~P"'~A~ CITY OF BULLHEAD CITY -~~~ ~1 COUNCIL COMMUNICATION MEETING DATE: September 6, 2016 '>'RJ-...,$. SUBJECT: DEPT OF ORIGIN: Employment Agreement General Administration DATE SUBMITTED: August 8, 2016 SUMMARY: SUBMITTED BY: Toby Cotter, City Manager This is a request for Council discussion and possible action to approve a new employment agreement with Peter Psareas to serve as the City Magistrate effective November 1, 2016, for two years at an annual rate commencing at $122,592.77. The proposed new agreement has been reviewed by Judge Psareas and is acceptable to him. Judge Psareas was originally appointed by the Council to serve in this position in 2012 and was reappointed in 2014. The current contract expires on October 31,2016. Magistrates must be appointed for a minimum of two years. FISCAL IMP ACT: This amount is budgeted. ATTACHMn'NTS: Proposed Employment Agreement LEGAL REv7EVIl: Attorney RECOMMENDATION: Council discussion and possible action to approve a new employment agreement with Peter Psareas as City Magistrate. APPROVED FOR SUBMITTAL BY: CITY CLERK'S USE ONLY COUNCIL ACTION TAKEN Resolution No. Ordinance No. Approved Other Continued To: Referred To: Denied FileNo. shc-16 (10/2001) Revised (06/13/06) j:\forrns\council comm forrn.doc
EMPLOYMENT AGREEMENT CITY MAGISTRATE This EMPLOYMENT AGREEMENT CITY MAGISTRATE ("Agreement") is entered into effective as of the 1st day of November, 2016, by and between Peter Psareas (""), and the City of Bullhead City, an Arizona municipal corporation, acting by and through its duly authorized and City Council ("City"). RECITALS and WHEREAS, the desires continued employment with the City as City Magistrate; WHEREAS, the City, acting by and through its duly authorized and City Council, desires to continue to employ as City Magistrate under the terms and conditions stated herein. NOW, THEREFORE, m consideration of the mutual covenants herein contained, the parties agree as follows: AGREEMENT 1. Employment. City hereby employs the as City Magistrate and hereby accepts employment upon the terms and conditions hereinafter set forth. 2. Duties and Responsibilities. shall devote the time necessary to the administration of the municipal court. In general, time shall be a minimum of 40 hours per week. Work hours shall be scheduled as deems most conducive to the effective and efficient operation of the magistrate court. shall have all powers and authority granted to the City Magistrate in Chapter 2.36, Bullhead City Municipal Code, applicable state and federal law, and shall abide by all orders and policies of the Arizona Supreme Court and the Administrative Office of the Court. 3. Term. 's duties and responsibilities shall commence on November 1, 2016, and shall remain in effect through October 31, 2018, or until resigns, retires or employment is terminated by City in the manner provided for herein. 4. Termination. a. It is expressly understood by the parties that this Agreement will end by its terms if not specifically renewed; and that during its term this Agreement may only be terminated for cause by the City Council, or if becomes disqualified to serve as a judge in the courts of Arizona. b. If the City Council terminates the 's employment for cause, the City Council must give written notice to setting forth the reason(s) for termination. The reason(s) for termination must be actions or inactions that result in or could lead to the charge of -1-
conviction of a felony, crime of dishonesty or moral turpitude; or actions or inactions of similar nature that have caused or may cause the City to be exposed to significant liability, damages, claims or other harm. may request a meeting with the City Council concerning termination of this Agreement. c. This Agreement may also be terminated by the Arizona Judicial Commission under the authority of the Arizona Supreme Court. 5. Compensation. a. Annual salary in the amount of $122,592.77 (includes the step applicable on November 1) on an annualized basis in accordance with the City's bi-weekly payroll schedule. Any adjustment in salary or benefits may be made by a motion approved by a majority of all current City Council members in a public meeting and the approved motion will become an Addendum to this Agreement. b. is entitled to the same annual cost of living adjustment and any applicable step increases as are paid to all regular employees. c. is entitled to the vacation, personal leave, and all other benefits currently available to executive level employees ofthe City. d. is also entitled to three days of paid executive leave, non-accruing, annually. may utilize this leave in the manner in which deems most efficient and conducive to the proper operation of the court. This leave may carry over during the term of this Agreement but is not entitled to compensation for any executive leave that remains unused upon expiration or termination of this Agreement. e. is entitled to the benefits of an exempt executive employee of the City, or its equivalent. is entitled to the LC.M.A. retirement and deferred compensation benefits currently available to all department directors in the employ of the City, including the ICMA 401A (Management percentage per City retirement plan) and the ICMA 457 (Executive five percent contribution by city). The City shall contribute to both of these plans at the same level as other executive City employees. f. Health, VISIOn, and dental msurance benefits shall become effective m accordance with the City's health plan. g. City agrees to budget and to pay for the subscriptions and professional dues for and other dues and subscriptions which are necessary for 's continued and full participation in regional, state and local associations and organizations which advance 's professional growth and which further the various goals and objectives of the City. h. Subject to budget restrictions, City agrees to pay for the reasonable travel and subsistence expenses of for professional and official travel, meetings and occasions adequate to continue the professional development of. -2-
i. City recognizes that certain expenses of a non-personal and generally jobaffiliated nature are incurred by, and hereby agrees to reimburse or to pay general expenses upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits, subject to business and job related expenses having been properly budgeted prior to their being incurred by, and further subject to 's compliance with all audit procedures of the City used to verify 's claimed general expenses. j. All payments of salary due to herein are subject to federal and state withholding taxes and other sums as City is required by law to withhold or deduct from 's salary. 6. Outside Activities. The employment provided for by this Agreement shall be 's sole employment. The City recognizes that certain outside teaching opportunities provide indirect benefits to the City and the community. Therefore, subject to approval of the City Council, may elect to accept limited teaching opportunities with the understanding that such arrangements will not interfere with nor cause a conflict of interest with 's responsibilities under this Agreement. may use executive leave or accrued vacation or personal leave to participate in the activities described above. 7. Insurance. The City shall insure through its comprehensive insurance coverage presently in effect, against any tort or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out ofthe performance of 's duties for City, with the exception of actions brought on behalf of City. Any clerk's fees, court costs or other litigation related expenses incurred in connection with the defense of the claim, demand or lawsuit, shall be paid for by City. 8. Bonding. City shall bear the full cost of any fidelity or other bonds required of under any law or ordinance. 9. Resignation. If voluntarily resigns or retires from his position, shall provide City with a minimum of 60 days written notice in advance, unless the parties otherwise agree. 10. Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 11. Governing Law. This Agreement is intended to be governed by and construed m accordance with Arizona law. 12. Conflicting City Code and/or Administrative Regulation. This Agreement is not intended to conflict with any city code or administrative regulations currently in force with the City. If a conflict arises between existing City codes and/or administrative regulations and the provisions and language of this Agreement, the Agreement provisions will prevail. In accordance with City policy -3-
and practice, as a condition precedent to the effectiveness of this Agreement, must submit to and successfully pass both a background check and drug screen test. 13. Anniversary Date. began employment with the City as a regular employee on December 3, 2001. Notwithstanding different positions held by since that time, 's anniversary date for purposes of benefits and leave accruals under this Agreement will be determined from December 3, 2001. 14. Final and Entire Agreement of the Parties. This Agreement represents the final and entire agreement and understanding between the parties and any representations, negotiations, offers, proposals, promises or agreements intended by the parties to be integrated and merged herein and to be superseded by this Agreement. This Agreement may only be modified as provided in this Agreement or amended through a written amendment signed by and approved by the City Council in a public meeting. IN WITNESS WHEREOF, the City of Bullhead City has caused this Agreement to be signed and executed as stated below. CITY OF BULLHEAD CITY EMPLOYEE Tom Brady, Date Peter Psareas, City Magistrate Date ATTEST Susan Stein, Clerk (SEAL) APPROVED AS TO FORM Gamet K. Emery, City Attorney -4-