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HomeMy WebLinkAboutORD739ORDINANCE NO.739 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 5,MAGISTRATE COURT,SECTIONS 5-2-1,MAGISTRATE, 5-2-2,ASSISTANT MAGISTRATE AND MAGISTRATE PRO-TEM,AND 5-2-3, POWERS AND DUTIES OF MAGISTRATE,OF ARTICLE 5-2,PRESIDING OFFICER,AND AMENDMENT ARTICLE 5-4,FORMATION AND SUMMONING OF JURIES;JURORS PAY,BY REPEALING THE EXISTING SECTIONS 5-2-1, 5-2-2,AND 5-2-3 OF ARTICLE 5-2,AND SUBPARAGRAPH D OF ARTICLE 5-4,ENACTING NEW SECTIONS 5-2-1,5-2-2,AND 5-2-3,ADDING ARTICLE 5-5,COURT PERSONNEL;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code,Chapter 5,Magistrate Court,is hereby amended by repealing Sections 5-2-1,5-2-2,5-2-3 of Article 5-2,and subparagraph D of Article 5-4,enacting new Sections 5-2-1,5-2-2,and 5-2-3,and adding Article 5-5,Court Personnel,to read as follows: Section 5-2-1 Presiding Magistrate The presiding officer of the magistrate court shall be the presiding magistrate, who shall be appointed by the council for a term of two years commencing on July 1st of every even -numbered year and ending on June 30th of every even- numbered year,unless sooner removed for misfeasance,malfeasance or nonfeasance of office. Section 5-2-2 Magistrate and Magistrate Pro-Tem A.In the absence of the presiding magistrate,the presiding officer of the magistrate court shall be the city magistrate.The city magistrate shall be appointed by the council for a term of two years commencing on July 1st of every even -numbered year and ending on June 30th of every even -numbered year,unless sooner removed for misfeasance,malfeasance or nonfeasance of office. ORDINANCE NO.739 PAGE 1 OF 4 B.In the absence of the presiding magistrate and the city magistrate,or in those instances where the presiding magistrate and city magistrate have both been disqualified by action of the prosecution,defendant,and/or recusation on the part of the presiding magistrate and city magistrate,then the presiding officer of the magistrate court shall secure the services of a duly elected or appointed State of Arizona justice of the peace or city magistrate to act as a magistrate pro-tem to provide such judicial services as are required by a particular case or cases. Section 5-2-3 Power and Duties of Presiding Magistrate The powers and duties of the presiding magistrate shall include: A.The powers and duties set forth and conferred upon him under the provisions of the state constitution and statutes,administrative orders of state supreme court or superior court,this code and the ordinances and resolutions of the city. B.The keeping of a docket in which shall be entered each action and the proceedings of the court therein. C.The responsibility for fixing and receiving all bonds and bails and receiving all fines,penalties,fees and other monies as provided by law. D.Payment of all fines,penalties and other monies collected by the court to the treasurer. E.Submitting a monthly report to the council summarizing court activities for that month. F.Preparation of a schedule of traffic violations,not involving the death of a person,listing specific bail for each violation. G.Supervise the administration of the judicial and internal administrative functions of the municipal court in a professional manner utilizing appropriate management techniques to organize and direct the efficient operation of the court. H.Delegate duties and responsibilities to magistrates,judicial and non- judicial personnel as necessary. I .Be responsible for the supervision of magistrates and judicial and non- judicial staff who directly affect the operation of the court. J.Establish and implement proper case management techniques and standards. K.Determine judicial assignments for each magistrate,and within guidelines established by city council,establish and maintain standard working hours and times to effectively discharge these assignments. ORDINANCE NO.739 PAGE 2 OF 4 L.Establish and implement standards and parameters for indigency screening, and guidelines for determination of indigency for the purpose of appointing a public defender. M.Define and establish specific parameters within the bounds of the law and sound management practice,under which a defendant shall be granted the time to pay monetary sentences imposed.In addition,the presiding magistrate shall have the authority to specify the standards for establishment of payment amounts. N.The presiding magistrate shall have exclusive supervisory authority over all court personnel while such personnel are performing work for the court.The role and authority of the court administrator,clerical support and courtroom support staff is to follow the policy and procedures of the presiding magistrate. 0.Exercise administrative supervision over the court in accordance with the principle of judicial independence under the doctrine of separation of powers as defined in the State Constitution,Article III. P.Exercise such other administrative authority as necessary to maintain and enhance the ability of the court to do justice for all who come before the court. Q.Cooperate and coordinate with the Presiding Superior Court Judge concerning the administration of the municipal court. Article 5-5 COURT PERSONNEL A.The authority of the presiding magistrate for making decisions regarding the overall function of the court applies to decisions concerning handling of court mail and records,and hiring,supervision,discipline and dismissal of court personnel;provided that decisions regarding hiring,supervision and dismissal of court personnel must be consistent with municipal personnel policy.Personnel rules adopted by the city for the employment,grievance procedures,termination,sick leave,overtime,vacation time,and other items are applicable to employees of the magistrate court.In employing additional personnel,the existing city personnel procedures shall be followed.The presiding magistrate shall have exclusive supervisory authority over all court personnel while such personnel are performing work for the court.However,non -judicial functions,such as custodial and maintenance services assigned to the magistrate court may be performed by employees or contractors working under the supervision and authority designated by the city council. B.Though the presiding magistrate is not a designated "Department Head"within the meaning of the City of Apache Junction,Personnel Policies,since the office of presiding magistrate is an appointed position not covered by those Personnel Policies,the presiding magistrate shall discharge those duties ORDINANCE NO.739 PAGE 3 OF 4 normally discharged by a "Department Head"as such duties relate to employment,grievance procedures,termination,evaluation,or other personnel related matters as designated in those policies. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED THIS 15TH DAY OF MAY ,1990,BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF MAY ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City Attorney ORDINANCE NO.739 PAGE 4 OF 4 ,1990. KE NETH bLUNTSCHLY Mayor