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HomeMy WebLinkAbout2025 03.17 City Council Work Session Agenda 04 �,?ACHf� City of Apache Junction, Arizona Meeting location: +� City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Doors are open to the public at least 15 minutes prior to the posted meeting start time. Monday, March 17,2025 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 25-118 Presentation and discussion on municipal court associate magistrate agreements. Attachments: Memo to Council -Appointment of On-Call Associate Magistrate Associate Magistrate Kielsky Michael Associate Magistrate Weagant Megan Associate Magistrate Nguyen Dai Trang Associate Magistrate Roll Geraldine Associate Magistrate Weagant Cody 2. 25-120 Presentation and discussion on request for juvenile hearing officer appointments. Attachments: Memo to Council -Juvenile Hearing Officer Appointments 3. 25-128 Presentation and discussion on the Wayfair Decision/online sales tax origination, as well as an explanation of HB 2118, its potential impact on city revenue, and the bill's likelihood of success. Sponsors: Rob Wisler Attachments: Council Legislative Update-Wayfair 3-17-25 City of Apache Junction,Arizona Page 1 Printed on 311212025 City Council Work Session Agenda March 17,2025 D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 2 Printed on 311212025 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 1. �Piz oN* File ID: 25-118 Sponsor: Agenda Date: 3/17/2025 Index: In Control: City Council Work Session Presentation and discussion on municipal court associate magistrate agreements. City of Apache Junction,Arizona Pagel Printed on 311212025 PPpCHf✓� (Q U � 2 Home of the Superstition Mountains Y= qR►ZoNP nIuuicipal Court Date: March 17,2025 To: Mayor and Councilmembers From: Hon. Thomas C. McDermott Re: Meeting Agenda Item: Request for Associate Magistrate Appointments In the interim between the resignation of his predecessor and the appointment of Presiding Magistrate Thomas McDermott, the municipal court was, at certain times, unable to secure adequate coverage by judicial officers who met the qualifications as set forth under Apache Junction City Code § 5-1-4. Ensuring adequate coverage is a top priority for the court. An expanded pool of associate magistrates will be necessary, especially for times when the Presiding Magistrate is away at mandatory training, on a scheduled vacation, or falls ill unexpectedly. To that end, the Presiding Magistrate respectfully requests that the council approve associate magistrate contracts for the following individuals, all of whom are qualified under A.J.C.C. §5-1-4: • Michael Kielsky • Da Trang("Liz") Nguyen • Cody Weagant • Megan Weagant • Geraldine Roll Honorable Thomas C. McDermott Presiding Magistrate Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119 (480)982-8250 AGREEMENT WITH MICHAEL KIELSKY FOR APACHE JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and MICHAEL KIELSKY ("Contract Judge"), both of which may be hereinafter referred to individually as a "Party" or collectively as the "Parties". RECITALS A. City desires to establish a rotation list of associate magistrates on an as-needed basis for municipal court judicial services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. Judicial appointments are categorically exempt from the open market recruitment/procurement procedures pursuant to Apache Junction City Code ("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2, associate magistrates must be appointed by the mayor and city council. C. The Parties have set forth below the contemplated services that will be provided to the City and the payment terms for such services. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire Contract Judge to perform the functions and duties specified in the Apache Junction City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on an as-needed basis, and Contract Judge agrees to perform the duties as further detailed in Exhibit A. 2. TERM/RENEWAL: A. This Agreement shall be effective from March 19, 2025 through June 30, 2028 (the "Term") unless otherwise terminated as set forth herein. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Contract Judge as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Judge to terminate this agreement at anytime subject only to the provisions set forth in Section 3. 3. TERMINATION: In the event Contract Judge terminates this agreement before expiration of the aforesaid Term, Contract Judge shall provide City thirty (30) calendar day written advance notice. 4. SALARY: City agrees to pay Contract Judge for his/her services rendered pursuant hereto at hourly rate of Sixty Dollars and Zero Cents ($60.00) but in no case shall Contract Judge work more than thirty (30) hours per week. 5. HOURS OF WORK: A. Hours Monday - Friday. Contract Judge shall work on an as- needed basis and shall be on a rotation list with other associate magistrates. B. Weekend Hours. Contract Judge will provide services as needed on weekends as directed by the presiding magistrate. C. Hours of Work. It is recognized that Contract Judge may be required to routinely work outside traditional business hours as directed by the presiding magistrate. 6. INDEPENDENT CONTRACTOR: The Parties agree and understand that Contract Judge is acting in the capacity of an independent contractor and not a city employee with city benefits. 7. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Judge. C. If any provisions or any portion hereof contained in this Agreement is held to be 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. 8. NOTICES: All notices required under this Agreement shall be in writing and shall be sent by first class U.S. certified mail, postage prepaid, return receipt requested, addressed to the following Parties: If to City: City of Apache Junction 2 Presiding Magistrate 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Contract Judge: On file with Apache Junction Municipal Court 9. ASSIGNMENT: This Agreement is not assignable by either City or Contract Judge. IN WITNESS WHEREOF, Contract Judge and City have executed this Agreement as of the date first set forth above. CONTRACT JUDGE: MICHAEL KIELSK By: MichZel Kjjgsky CfTY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Thomas McDermott Its: Presiding Magistrate APPROVED AS TO FORM: R. Joel Stern City Attorney 3 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of - hael Kielsky. WARY A FINSTROM �� Notary Public, State of Arizona Pinal County Commission#i 669185 �1 My Commission Expires ? June 09,zoza Notary P blic My Commission Expires: L 'AJa5� STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) 'The foregoing was subscribed and sworn to before me this day of __ 2025, by Thomas McDermott, Presiding Magistrate of the City of Apache Junction. Notary Public My Commission Expires: EXHIBIT A SCOPE OF WORK Performs the work of an associate magistrate as defined under the city code, presiding over misdemeanors, civil traffic cases and other legal proceedings filed with the court, in accordance with published standards and requirements of the Arizona Supreme Court. Responsible for applying and following relevant Supreme Court Rules, state statutes, city ordinances, city codes and case law in all rulings and matters including but not limited to trials, pre-trial conferences, arraignments, probation hearings, motions, orders of protection, injunctions against harassment, and abatements. Support the City's policies, goals and objectives and work with management and other staff to ethically achieve such goals and objectives. Performs the duties of a juvenile hearing officer pursuant to Arizona Supreme Court Rules/Arizona State Statutes. AGREEMENT WITH MEGAN WEAGANT FOR APACHE JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and MEGAN WEAGANT ("Contract Judge"), both of which may be hereinafter referred to individually as a "Party" or collectively as the "Parties". RECITALS A. City desires to establish a rotation list of associate magistrates on an as-needed basis for municipal court judicial services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. Judicial appointments are categorically exempt from the open market recruitment/procurement procedures pursuant to Apache Junction City Code ("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2, associate magistrates must be appointed by the mayor and city council. C. The Parties have set forth below the contemplated services that will be provided to the City and the payment terms for such services. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire Contract Judge to perform the functions and duties specified in the Apache Junction City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on an as-needed basis, and Contract Judge agrees to perform the duties as further detailed in Exhibit A. 2. TERM/RENEWAL: A. This Agreement shall be effective from March 19, 2025 through June 30, 2028 (the "Term") unless otherwise terminated as set forth herein. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Contract Judge as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Judge to terminate this agreement at any time subject only to the provisions set forth in Section 3. 3. TERMINATION: In the event Contract Judge terminates this agreement before expiration of the aforesaid Term, Contract Judge shall provide City thirty (30) calendar day written advance notice. 4. SALARY: City agrees to pay Contract Judge for his/her services rendered pursuant hereto at hourly rate of Sixty Dollars and Zero Cents ($60.00) but in no case shall Contract Judge work more than thirty (30) hours per week. 5. HOURS OF WORK: A. Hours Monday - Friday. Contract Judge shall work on an as- needed basis and shall be on a rotation list with other associate magistrates. B. Weekend Hours. Contract Judge will provide services as needed on weekends as directed by the presiding magistrate. C. Hours of Work. It is recognized that Contract Judge may be required to routinely work outside traditional business hours as directed by the presiding magistrate. 6. INDEPENDENT CONTRACTOR: The Parties agree and understand that Contract Judge is acting in the capacity of an independent contractor and not a city employee with city benefits. 7. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Judge. C. If any provisions or any portion hereof contained in this Agreement is held to be 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. 8. NOTICES: All notices required under this Agreement shall be in writing and shall be sent by first class U.S. certified mail, postage prepaid, return receipt requested, addressed to the following Parties: If to City: City of Apache Junction 2 Presiding Magistrate 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Contract Judge: On file with Apache Junction Municipal Court 9. ASSIGNMENT: This Agreement is not assignable by either City or Contract Judge. IN WITNESS WHEREOF, Contract Judge and City have executed this Agreement as of the date first set forth above. CONTRACT JUDGE: MEG W A ANT B an Wea a t CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Thomas McDermott Its: Presiding Magistrate APPROVED AS TO FORM: R. Joel Stern City Attorney 3 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this 27 day of -ofau<-- 2025, by Megan Weagant. My Commission Expires: Public ARTURO RUIZ LOPEZ rizona Pinal County Commission N 651045 MY Commission Expires May 20,2027 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of 2025, by Thomas McDermott, Presiding Magistrate of the City of Apache Junction. Notary Public My Commission Expires: EXHIBIT A SCOPE OF WORK Performs the work of an associate magistrate as defined under the city code, presiding over misdemeanors, civil traffic cases and other legal proceedings filed with the court, in accordance with published standards and requirements of the Arizona Supreme Court. Responsible for applying and following relevant Supreme Court Rules, state statutes, city ordinances, city codes and case law in all rulings and matters including but not limited to trials, pre-trial conferences, arraignments, probation hearings, motions, orders of protection, injunctions against harassment, and abatements. Support the City's policies, goals and objectives and work with management and other staff to ethically achieve such goals and objectives. Performs the duties of a juvenile hearing officer pursuant to Arizona Supreme Court Rules/Arizona State Statutes. AGREEMENT WITH DAI TRANG (LIZ) NGUYEN FOR APACHE JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and DAI TRANG (LIZ) NGUYEN ("Contract Judge"), both of which may be hereinafter referred to individually as a "Party" or collectively as the "Parties". RECITALS A. City desires to establish a rotation list of associate magistrates on an as-needed basis for municipal court judicial services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. Judicial appointments are categorically exempt from the open market recruitment/procurement procedures pursuant to Apache Junction City Code ("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2, associate magistrates must be appointed by the mayor and city council. C. The Parties have set forth below the contemplated services that will be provided to the City and the payment terms for such services. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire Contract Judge to perform the functions and duties specified in the Apache Junction City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on an as-needed basis, and Contract Judge agrees to perform the duties as further detailed in Exhibit A. 2. TERM/RENEWAL: A. This Agreement shall be effective from March 19, 2025 through June 30, 2028 (the "Term") unless otherwise terminated as set forth herein. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Contract Judge as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Judge to terminate this agreement at any time subject only to the provisions set forth in Section 3. 3. TERMINATION: In the event Contract Judge terminates this agreement before expiration of the aforesaid Term, Contract Judge shall provide City thirty (30) calendar day written advance notice. 4. SALARY: City agrees to pay Contract Judge for his/her services rendered pursuant hereto at hourly rate of Sixty Dollars and Zero Cents ($60.00) but in no case shall Contract Judge work more than thirty (30) hours per week. 5. HOURS OF WORK: A. Hours Monday - Friday. Contract Judge shall work on an as- needed basis and shall be on a rotation list with other associate magistrates. B. Weekend Hours. Contract Judge will provide services as needed on weekends as directed by the presiding magistrate. C. Hours of Work. It is recognized that Contract Judge may be required to routinely work outside traditional business hours as directed by the presiding magistrate. 6. INDEPENDENT CONTRACTOR: The Parties agree and understand that Contract Judge is acting in the capacity of an independent contractor and not a city employee with city benefits. 7. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Judge. C. If any provisions or any portion hereof contained in this Agreement is held to be 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. 8. NOTICES: All notices required under this Agreement shall be in writing and shall be sent by first class U.S. certified mail, postage prepaid, return receipt requested, addressed to the following Parties: If to City: City of Apache Junction 2 Presiding Magistrate 300 East Superstition Boulevard Apache Junction, AZ 88119 If to Contract Judge: On file with Apache Junction Municipal Court 9. ASSIGNMENT: This Agreement is not assignable by either City or Contract Judge. IN WITNESS WHEREOF, Contract Judge and City have executed this Agreement as of the date first set forth above. CONTRACTJUDGE: Z:ANG (LIZ) NGUYEN an Liz Nguyen CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Thomas McDermott Its: Presiding Magistrate APPROVED AS TO FORM: R. Joel Stern City Attorney 3 ............... . ................................... ........................................................................................................................................................_ STATE OF ARIZONA } ) ss. COUNTY OF FINAL ) The foregoing was subscribed and sworn to before me this :Z�ff day of nY, 2025, by Dai Trang (Liz) Nguyen. Notary Public My Commission Expires: LOGAN MARIE SCHUTZ 1 NOTARY PUSUO-ARIwNA WAO)PACOMY OOMM5SION i 6710M ' MYOOMMISSIONUMES S$PTEMSER 0%2= STATE OF ARIZONA } ) ss. COUNTY OF FINAL ) The foregoing was subscribed and sworn to before me this day of 2025, by Thomas McDermott, Presiding Magistrate of the City of Apache Junction. Notary Public My Commission Expires: ____ ....... __ ___ __ ........ _ _ .............. ... EXHIBIT A SCOPE OF WORK Performs the work of an associate magistrate as defined under the city code, presiding over misdemeanors, civil traffic cases and other legal proceedings filed with the court, in accordance with published standards and requirements of the Arizona Supreme Court. Responsible for applying and following relevant Supreme Court Rules, state statutes, city ordinances, city codes and case law in all rulings and matters including but not limited to trials, pre-trial conferences, arraignments, probation hearings, motions, orders of protection, injunctions against harassment, and abatements. Support the City's policies, goals and objectives and work with management and other staff to ethically achieve such goals and objectives. Performs the duties of a juvenile hearing officer pursuant to Arizona Supreme Court Rules/Arizona State Statutes. AGREEMENT WITH GERALDINE ROLL FOR APACHE JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and GERALDINE ROLL ("Contract Judge"), both of which may be hereinafter referred to individually as a "Party" or collectively as the "Parties". RECITALS A. City desires to establish a rotation list of associate magistrates on an as-needed basis for municipal court judicial services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. Judicial appointments are categorically exempt from the open market recruitment/procurement procedures pursuant to Apache Junction City Code ("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2, associate magistrates must be appointed by the mayor and city council. C. The Parties have set forth below the contemplated services that will be provided to the City and the payment terms for such services. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire Contract Judge to perform the functions and duties specified in the Apache Junction City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on an as-needed basis, and Contract Judge agrees to perform the duties as further detailed in Exhibit A. 2. TERM/RENEWAL: A. This Agreement shall be effective from March 19, 2025 through June 30, 2028 (the "Term") unless otherwise terminated as set forth herein. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Contract Judge as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Judge to terminate this agreement at any time subject only to the provisions set forth in Section 3. 3. TERMINATION: In the event Contract Judge terminates this agreement before expiration of the aforesaid Term, Contract Judge shall provide City thirty (30) calendar day written advance notice. 4. SALARY: City agrees to pay Contract Judge for his/her services rendered pursuant hereto at hourly rate of Sixty Dollars and Zero Cents ($60.00) but in no case shall Contract Judge work more than thirty (30) hours per week. 5. HOURS OF WORK: A. Hours Monday - Friday. Contract Judge shall work on an as- needed basis and shall be on a rotation list with other associate magistrates. B. Weekend Hours. Contract Judge will provide services as needed on weekends as directed by the presiding magistrate. C. Hours of Work. It is recognized that Contract Judge may be required to routinely work outside traditional business hours as directed by the presiding magistrate. 6. INDEPENDENT CONTRACTOR: The Parties agree and understand that Contract Judge is acting in the capacity of an independent contractor and not a city employee with city benefits. 7. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Judge. C. If any provisions or any portion hereof contained in this Agreement is held to be 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. 8. NOTICES: All notices required under this Agreement shall be in writing and shall be sent by first class U.S. certified mail, postage prepaid, return receipt requested, addressed to the following Parties: If to City: City of Apache Junction 2 Presiding Magistrate 300 East Superstition Boulevard Apache Junction,AZ 85119 If to Contract Judge: On file with Apache Junction Municipal Court 9. ASSIGNMENT: This Agreement is not assignable by either City or Contract Judge. IN WITNESS WHEREOF, Contract Judge and City have executed this Agreement as of the date first set forth above. CONTRACT JUDGE: GERALDINE ROLL Aa'� Z-Q-Q- By:Geraldine Roll CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Thomas McDermott Its: Presiding Magistrate APPROVED AS TO FORM: R.Joel Stern City Attorney 3 STATE OF ARIZONA ) ) ss. COUNTY OF FINAL ) The foregoing was subscribed and sworn to before me thisaS- day of 2025, by Geraldine Roll. P, l Notary Public My /C�om,,fm,, ission Expires: MARICOPA COUNTY E4*.segrembar t,2M STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day Of 2025, by Thomas McDermott, Presiding Magistrate of the City of Apache Junction. Notary Public My Commission Expires: EXHIBIT A SCOPE OF WORK Performs the work of an associate magistrate as defined under the city code, presiding over misdemeanors, civil traffic cases and other legal proceedings filed with the court, in accordance with published standards and requirements of the Arizona Supreme Court. Responsible for applying and following relevant Supreme Court Rules, state statutes, city ordinances, city codes and case law in all rulings and matters including but not limited to trials, pre-trial conferences, arraignments, probation hearings, motions, orders of protection, injunctions against harassment, and abatements. Support the City's policies, goals and objectives and work with management and other staff to ethically achieve such goals and objectives. Performs the duties of a juvenile hearing officer pursuant to Arizona Supreme Court Rules/Arizona State Statutes. AGREEMENT WITH CODY WEAGANT FOR APACHE JUNCTION MUNICIPAL COURT ASSOCIATE MAGISTRATE SERVICES THIS AGREEMENT is made as of the day of 2025 (the "Effective Date") by and between CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and CODY WEAGANT ("Contract Judge"), both of which may be hereinafter referred to individually as a "Party" or collectively as the "Parties". RECITALS A. City desires to establish a rotation list of associate magistrates on an as-needed basis for municipal court judicial services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. Judicial appointments are categorically exempt from the open market recruitment/procurement procedures pursuant to Apache Junction City Code ("A.J.C.C.") Vol. I, § 3-7-7(A), however, pursuant to A.J.C.C., Vol I, § 5-1-2, associate magistrates must be appointed by the mayor and city council. C. The Parties have set forth below the contemplated services that will be provided to the City and the payment terms for such services. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. ASSOCIATE MAGISTRATE DUTIES: City hereby agrees to hire Contract Judge to perform the functions and duties specified in the Apache Junction City Code, Volume I, Chapter 5: Municipal Court, Article 5-1: Municipal Court, on an as-needed basis, and Contract Judge agrees to perform the duties as further detailed in Exhibit A. 2. TERM/RENEWAL: A. This Agreement shall be effective from March 19, 2025 through June 30, 2028 (the "Term") unless otherwise terminated as set forth herein. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate the services of Contract Judge as provided by state law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Judge to terminate this agreement at any time subject only to the provisions set forth in Section 3. 3. TERMINATION: In the event Contract Judge terminates this agreement before expiration of the aforesaid Term, Contract Judge shall provide City thirty (30) calendar day written advance notice. 4. SALARY: City agrees to pay Contract Judge for his/her services rendered pursuant hereto at hourly rate of Sixty Dollars and Zero Cents ($60.00) but in no case shall Contract Judge work more than thirty (30) hours per week. 5. HOURS OF WORK: A. Hours Monday - Friday. Contract Judge shall work on an as- needed basis and shall be on a rotation list with other associate magistrates. B. Weekend Hours. Contract Judge will provide services as needed on weekends as directed by the presiding magistrate. C. Hours of Work. It is recognized that Contract Judge may be required to routinely work outside traditional business hours as directed by the presiding magistrate. 6. INDEPENDENT CONTRACTOR: The Parties agree and understand that Contract Judge is acting in the capacity of an independent contractor and not a city employee with city benefits. 7. GENERAL PROVISIONS: A. The text herein shall constitute the entire Agreement between the Parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Judge. C. If any provisions or any portion hereof contained in this Agreement is held to be 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. 8. NOTICES: All notices required under this Agreement shall be in writing and shall be sent by first class U.S, certified mail, postage prepaid, return receipt requested, addressed to the following Parties: If to City: City of Apache Junction 2 Presiding Magistrate 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Contract Judger On file with Apache Junction Municipal Court 9. ASSIGNMENT: This Agreement is not assignable by either City or Contract Judge. IN WITNESS WHEREOF, Contract Judge and City have executed this Agre entv�bf to atTe firl;t set forth above. ors yv" M CONTRACT JUDGE: Trr.1K,.OM 0Ciq;YL'I KKj ...� CODY WEAGA T By: Cod a CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Thomas McDermott Its: Presiding Magistrate APPROVED AS TO FORM: R. Joel Stern City Attorney 3 ................................................................................._.-...-..-....................---.._........-...--...._..............._..............-.-.. ......................................... . ..............._......_... . ... . STATE OF ARIZONA ) ss. COUNTY AWP ) The foregoing was subscribed and sworn to before me this Z4jday of a 2025, by Cody Weagant. Nota6 Public My Commission Expires: I Z 1 2 1 Z Z Notor,°o " C-rity..ea" Mr Corm Ex;*n 12.22.27 No. STATE OF ARIZONA ) ) ss. COUNTY OF PINAL } The foregoing was subscribed and sworn to before me this day Of 2025, by Thomas McDermott, Presiding Magistrate of the City of Apache Junction. Notary Public My Commission Expires: EXHIBIT A SCOPE OF WORK Performs the work of an associate magistrate as defined under the city code, presiding over misdemeanors, civil traffic cases and other legal proceedings filed with the court, in accordance with published standards and requirements of the Arizona Supreme Court. Responsible for applying and following relevant Supreme Court Rules, state statutes, city ordinances, city codes and case law in all rulings and matters including but not limited to trials, pre-trial conferences, arraignments, probation hearings, motions, orders of protection, injunctions against harassment, and abatements. Support the City's policies, goals and objectives and work with management and other staff to ethically achieve such goals and objectives. Performs the duties of a juvenile hearing officer pursuant to Arizona Supreme Court Rules/Arizona State Statutes. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No.2. �Piz oN* File ID: 25-120 Sponsor: Agenda Date: 3/17/2025 Index: In Control: City Council Work Session Presentation and discussion on request for juvenile hearing officer appointments. City of Apache Junction,Arizona Pagel Printed on 311212025 PPpCHf✓� (Q U � 2 Home of the Superstition Mountains Y= qR►ZONP nIunicipal Court Date: March 17,2025 To: Mayor and Councilmembers From: Hon. Thomas C. McDermott Re: Meeting Agenda Item: Request for Juvenile Hearing Officer Appointments Pursuant to A.R.S. § 8-323(A), the municipal court may hear and adjudicate juvenile delinquency actions for certain misdemeanor offenses. This statute helps to preserve city law enforcement resources by eliminating the need to prepare the time-consuming petition that must be filed to initiate a delinquency action in superior court and by reducing transportation costs. The presiding magistrate respectfully requests that the council, acting as the "local governing body," pursuant to A.R.S. § 8-323(A), approve Presiding Magistrate Thomas C. McDermott and Associate Magistrates Michael Kielsky, Dai Trang ("Liz") Nguyen, Cody Weagant,Megan Weagant, and Geraldine Roll as juvenile hearing officers. Honorable Thomas C. McDermott Presiding Magistrate Apache Junction Municipal Court 300 E Superstition Blvd., Apache Junction, AZ 85119 (480)982-8250 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard 01 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. PizoNr File ID: 25-128 Sponsor: Rob Wisler Agenda Date: 3/17/2025 Index: In Control: City Council Work Session Presentation and discussion on the Wayfair Decision/online sales tax origination, as well as an explanation of HB 2118, its potential impact on city revenue, and the bill's likelihood of success. City of Apache Junction,Arizona Page 1 Printed on 311212025 Weekly Legislative U pdate : Online Sales Tax Origination and H . B. 2118 March 17, 2025 NLINE SALES TAX ORIGINATION • Prior to 2018, sales tax was generally only collected by retailers with a physical presence in a state. • A business that had a physical presence within a municipality was required to collect a municipalitys sales tax. • Online sales were generally not subject to local sales tax • Municipalities missed out on sales tax revenue for transactions within their jurisdictions. NLINE SALES TAX ORIGINATION • South Dakota Y Wayfwr Inc. (2018) • In a 5-4 ruling, the U.S. Supreme Court ruled that states could require online retailers to collect sales tax even if they do not have a physical presence in the state. • In 2019, Arizona adopted an economic nexus law that requires remote sellers to collect TPT if they have $100,000+ in sales in Arizona. This threshold applies to both state and local TPT. NLINE SALES TAX ORIGINATION • WalAir lmpacts on Munic ipa lities • State Revenue sharing. Arizona has a system where the state distributes a portion of its revenues to municipalities. After Wayfak, this distribution now includes taxes collected from remote sellers. • Local TPT Sales Tax Municipalities are permitted to set their own TPT rates. Now, after Wayfak, when remote sellers meet the economic nexus threshold, they must remit the local tax for each jurisdiction where the transaction occurs. H . B . 2118 • H.B. 2118 was introduced in the State House by Rep. Neal Carter (R - LD 15/Queen Creek) on January 13th- As written, if the business is located in Arizona, the sales tax will be sourced (collected) where the business is located rather than where the product is shipped to. This would effectively eliminate the ability of Arizona cities and towns to receive tax revenues generated from on- line purchases by residents within their communities and instead would transfer those taxes to the cities or towns where the shipping distributor is located, such as Amazon. • The Bill passed out of the House 33-26, on party lines, on February 17th• H . B . 2118 C. For the purposes of subsection A of this section , an order is received when all of the information necessary to accept the order has been received by or on behalf of the seller AT A • A • OF ' , regardless of where the order is accepted or approved . The place of business or residence of the purchaser • ' IL • � • ' � • � : • � • d oes not determine where the order is received . H . B . 2118 • Current status: • The Bill is currently in the Senate and has been held several times in Senate Finance Committee. • The League of Arizona Cities has been working with the Arizona Department of Revenue to provide an amendment to the bill that will retain the current system where the sales tax goes to the shipping destination. • The Sponsor has thus far been willing to accept this language. • Once amendment language is finalized, expect the bill to move forward and for us to no longer oppose the bill. I w FY Annual Revenue 2019-20 � $ 3741489 . 06 2020-21 $ 9341713 . 46 2021-22 $ 111601451 . 22 2022-23 � $ 113781107 . 59 2023-24 $ 11579,8038 . 51 tion ?0 •^ � r f�- -�fJ is/ � • _� •� r •� ap L L I Imix 1S 1 ow fa 4 •�� ]��/ •'�; • � � , A _� _ r �_ice_' � • -_.'_� .�_• _ t'_ _ate 1 :.•f�9� � 1 .. � t�-, _ '. �� '�':,♦ .:' _ � '._'I�1 �J� __ a CITY COUNCIL MEETING ROLL CALL Date: 3 - - " 9- 3-/7- 3 -le -?.S Work Study Regular Special S:`J•q AAnE7;25' S:9:0 E:7:N3 S: E: CITY COUNCIL: Present Ab/exc, Present Ab/excu Present Ab/excu MAYOR WILSON VICE MAYOR SCHROEDER ✓ COUNCILMEMBER CROSS ✓ V COUNCILMEMBER HECK le COUNCILMEMBER JOHNSON COUNCILMEMBER NESSER ot COUNCILMEMBER SOLLER TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell Assistant City Manager Matt Busby I/ City Clerk Evie McKinney City Attorney Joel Stern IT Director Doug Wirthgen �►' Mrkt Comm Director Kayla Fulmer ✓ W Public Safety Director Michael Pooley 1/ Public Safety Assistant Johnny John ✓ Dev Services Director Rudy Esquivias PW Director Ted Wolff Parks& Rec Director Liz Langenbach Econ Director Ryan Kaup & Library Director Pam Harrison p� Finance Director Angelie Hawley HR Director Anna McCray Water District Director Mike Loggins Municipal Judge Thomas McDermott +/ Deputy City Clerk /%M\l �('¢ftn;h ✓ Planning Manager Sidney Urias Building&Safety Mgr AdrianAlegria Senior Planner Kelsey Schattnik Planner Erica Hernandez Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid Management Analyst Rob Wisler L