Loading...
HomeMy WebLinkAboutC2020-079 - Robert E. Melton PROFESSIONAL SERVICES AND EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROBERT E.MELTON Amended and Restated April 7,2020 THIS AMENDED AND RESTATED PROFESSIONAL SERVICES AND EMPLOYMENT AGREEMENT (this "Amended Agreement") is entered into on April 9, 2020, by and between the Town of Fountain Hills, an Arizona municipal corporation (the 'Town") and Mr. Robert E. Melton ("Melton"). RECITALS A. Pursuant to ARIZ. REV. STAT. § 22-401 et seq., the Town is required to have a municipal court, which shall be presided over by a magistrate judge (the"Presiding Judge"). B. On April 3, 2014, the Town and Melton entered into an Agreement for employment of Melton by the Town (the "Original Agreement") for the position of Presiding Judge of the Town of Fountain Hills Municipal Court (the 'Town Court"). The Original Agreement was amended effective April 8, 2016 (the "First Amended Agreement"), and the First Amended Agreement remains in full force and effect through April 8, 2020. C. The Town and Melton desire to enter into this amendment(the"Second Amended Agreement")to extend the terms and conditions of employment for Melton by the Town as Presiding Judge of the Town Court. D. This Second Amended Agreement is based on the Arizona Constitution's requirement of separation of powers and the necessity of judicial independence to preserve and protect that separation. This Second Amended Agreement shall set forth the parameters, guidelines, duties, rules of conduct and compensation during the term of this Second Amended Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference,the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Melton hereby agree as follows: 1. Term. This Second Amended Agreement shall be effective on April 9, 2020, and shall remain in full force and effect until June 30, 2024, unless sooner terminated for cause as set forth in Section 5 below. After commencing his official duties, and thereafter during the term of this Second Amended Agreement, Melton shall not be in the exclusive employ of the Town, but shall not accept other employment or carry out any other business that would conflict with his duties as Presiding Judge. Except as set forth in Subsection 3(A) below, any such additional duties shall be conducted outside of Melton's regular Town Court work hours and without the use of Town resources or equipment. 1 2. Compensation A. Base Salary.Melton shall be paid,in bi-weekly installments,an annual salary of $77,706.00 for the term of the Second Amended Agreement, unbss increased pursuant to the Subsection. Melton's base salary shall be increased by the greater of either 2.5%annually,or the amount of any across- the-board increases provided to Town employees as part ofthe Town's annual budget adoption,beginning with the first full pay period of the Town's fiscal years during FY 2020-2021,FY 2021-2022,FY 2022- 2023, and FY 2023-2024. Melton exixessly agrees and understands that the adjushnents set forth in this Subsection shall be the sob means for increases to his base salary and that no other adjustments to his base salary shall occur. B. Retirement and Deferred Compensation. Melton may,at his sole option and expense,contribute to the Town's existing IC MA-RC 457 plan account(any catch-up amounts permited by the plan shall be made separately by Melton). Such contributions shall be in bi-weekly instalments via payroll deduction. Additionally, the Town agrees to match equally the amawnts Melton corntrbutes to the ICMA-RC 457 plan account as permited by law,up to a maximum of 11%of Melton's salary. The Town further agrees to allow the transfer of ownership of Melton's plan(s),to the extent permitted by law,to any succeeding employer in the event of Melton's temmnation Guâ–ºu the Town, for any reason. C. Vacation and Sck Leave. Melton shall accrue'Vacation Leave"and"Sick Leave"at the same rate and under the same conditions applcabc to other part-tine Town employees, based on a 25 hour per week scheduc. 3. Duties. Melton shall perform the duties of Presiding Judge pursuant to all laws, ordinances and rules of the State of Arizona,the Town of Fountain Hills and the Arizona Supreme Court. Without limiting the generality of the foregoing sentence,Melton shall be responsibc forcanying out the dabs and obligations set forth h Chapter 5 of the Town Code. A. Work Hours. Melton shall maintain reasonable work hours Monday through Thursday except for bpi holidays, and shall be avaihble as necessary during non-wort haws and on Fridays, during weekends and on bpi holdays to conduct boil appearances as required by law or to address other court matters requiring immediate attention;provided,however,that all tinne waked during acacndar week shall not be more than 25 hours, inciiding any }rave taken or holidays occurring during such tine period. In the event the Town chooses to change its regular work schedule from a four-day work week to a five-day work week,Melton shall conform his work hours accordingly.The Town agrees and understands that; due to the part-tine nature of the Presiding Judi position, Meton may take on other judicial assignments. In such case,Melton shall make such accommodations as necessary to ensure that any such assignments shall not conflict with his Town Court duties,including any time during which Melton s serving asa judge or pro tem judge in another court. B. Case Aduudcation. Melton shall act as Presiding Judge over all assigned court calendar dockets in a timely fashion and shall,if necessary,secure the services of an Associate Pro Tem Judge or hearing officer to facilitate the timely adjudication of cases in the Town Court. C. Judicial Conduct. Melton shall at all times during the term of this Second Amended Agreement ensure that his conduct as Presiding Judge does not violate Arizona Supreme Court Administrative Order No. 93-30 (as amended by Order No. 96-25) and any other 2 applicable order, the Code of Judicial Conduct, Rule 45 of Rules of the Arizona Supreme Court and any other rule or law governing the conduct of judges. D. Court Administration. Melton shall, through the Town Court Administrator,act as the chief administrative officer over the Town Court and shall abide by the Rubs and Regulations of the Town, including Town Code Subsection 5-2-6, in the conduct thereof Melton shall, through the Town Court Administrator, be responsible for administering the budget of the Town Court and for preparing and submitting for approval an annual budget in accordance wih established Town procedures. E. Community Interaction. In addition to his duties as set forth above, Melton (i)shall oversee and participate in the Town's Teen Court,(ii) shall participate in the Court component of the Town's Citizens Academy,(iii) should conduct outreach to the Fountain Hills High School to assist with criminal law and justice studies courses and (iv) may participate in such local charitable or civic organizations as Melton determines appropriate. 4. Performance Evaluation. The Town Council shall review and evaluate Melton's performance as far in advance of the expiration of this Second Amended Agreement as practicable. Melton's review and evaluation shall be based upon (A) success at fulfilling the reasonably achievable goals and performance objectives for Town Court efficiency set forth by the Town Council in its annual goal-setting retreat, (B) personnel management, including overal management style and ability to lead and direct Town Court staff and ability to supervise Town Court staff, but specifically excluding any evaluation of Melton's hiring and firing decisions with respect to individual staff members and (C) professionalism, including manner of addressing members of the public who appear in the Town Court. 5. Termination. During the term of this Second Amended Agreement,Melton may be removed from office by the Town Council for cause,requiring a material violation of this Second Amended Agreement.Notice of removal from office shall be delivered in writing to Melton and Melton shall have the right to request a hearing before the Town Council. Melton may terminate this Second Amended Agreement and resign his appointment as Presiding Judge upon 30 days written notice to the Town Mayor. 6. Professional Development. A. Professional Associations.The Town hereby agrees to budget for and to pay for Melton's expenses of professional and official travel, meetings, and occasions as necessary to continue his professional development and to adequately pursue necessary official functions for the Town Court. B. Continuing Education. The Town also agrees to budget for and to pay for Melton's expenses for continuing education courses, institutes and seminars necessary for his professional development as a judge and for the good of the Town Court. C. State Bar Dues. The Town agrees to reimburse Melton the State Bar of Arizona dues on an annual basis in the Judicial Membership Category,if said dues are paid before the State Bar of Arizona deadline of February 1st 7. General Expenses. The Town recognizes that certan expenses of anon-personal and generally job-affiliated nature are periodically incurred by Melton. The Town(A)agrees to reimbeuse or to pay 3 said general expenses and(B)authoress the Town Manager or authorized designee to dsburse such mones upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affriavits. 8. Bondii The Town shall bear the fug ccst of any frilly or other bonds required of Melon under any law or ordinance. 9. No Reduction of Beneffs. The Town shall not,at any tine during the term of this Second Amended Agreement, reduce Melon's salary, compensation or other financial benefits. 10. Notices and Requests. Any notice or other connnuncation required or permitted to be given under this Second Amended Agreement shall be in writing and shall be deemed to have been duly given if(A)delivered to the party at the address set forth bebw, (B)deposled in the U.S. Mai registered or certified, return receipt requested, to the address set forth bebw or(C)given to a recognized and reputable overnight delivery service, to the address set forth bebw: If to the Town: Town of Fountain Hit 16705 E. Avenue of the Fountains Fountain Hll, AZ 85268 Attn: Mayor Wih copy to: Pace Coleman, PLLC 4711 E.Falcon Dr.,Suie 111 Mesa,AZ 85215 If to Melon: Robert E.Melon 4365 N. 861' St Scotfsdac, AZ 85251 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received(A)when delivered to the party,(B)three business days after being placed in the U.S.Mail,properly addressed,wih sufficient postage or(C)the following business day after being given to a recognized overnight delivery service,with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day.If a copy of a notice is also given to a parry's counsel or other recipient,the provisions above governing the date on which a rice deemed to haw been received by a party shall mean and refer to the date on which the party,and not is counsel or other recipent to which a copy of the notice may be sent,is deemed to have received the notice. 11. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or Melton of the breach of any covenant of this Second Amended Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Second Amended Agreement. 4 12. Attorneys'Fees.In the event either party finds it necessary to bring any action at law or other proceeding against the other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in such action or other proceeding shall be paid all reasonable costs and reasonable attorneys'fees by the other party and, in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 13. Headings. The descriptive headings of the sections of this Second Amended Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 14. Time of the Essence.Time is of the essence in this Second Amended Agreement. 15. Assignment. This Second Amended Agreement may not be assigned, in whole or in part. 16. Entire Agreement. This Second Amended Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof.All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 17. Amendment. No amendment or waiver of any provision in this Second Amended Agreement will be binding (A)on the Town unless and until it has been approved by the Town Council and has become effective or (B) on Melton unless and until it has been executed by Melton or his authorized representative. 18. Governing Law. This Second Amended Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona. 19. Severability. Every provision of this Second Amended Agreement is and will be construed to be a separate and independent covenant. If any provision in this Second Amended Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Second Amended Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision in this Second Amended Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Second Amended Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 20. Covenant of Good Faith. In exercising their rights and in performing their obligations pursuant to this Second Amended Agreement,the parties will cooperate with one another in good faith to ensure the intent of this Second Amended Agreement can be attained. The Town and its Town Council shall not urneasonably wihhold appropriation authorty to fund the salary, benefits and other prove dais of this Second Amended Agreement. 21. Conflict of Interest. This Second Amended Agreement may be cancelled by the Town pursuant to ARIZ. REV.STAT. §38-511. 5 22. Counsel Assistance; Far Interpretation A. Counsel for Melton. Melton has either been assisted by counsel in connection with the preparation and execution of this Second Amended Agreement or has chosen to forego such hg l representation B. Counsel for Town. The Town has been assisted by counsel of its own choosing in correction with the preparation and execabn of this Second Amended Agreement C. Far Interpretation. This Second Amended Agreement shall be construed accocdng to the fair meaning of its language.The rule of construction that ambiguities shall be resolved against the Party who drafted a provsnn shall not be employed n irterpreting the Second Amended Agreement 23. Records and Audit Rights. Melton's books, records,correspondence,accounting procedures and practices, and any other supporting evidence relating to this Second Amended Agreement (all the foregoing hereinafter referred to as "Records"), to ensure that Melton is complying with the warranty under Section 24 below, shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A)evaluation and verification of any invoices, payments or claims based on Melton's actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Second Amended Agreement and (B)evaluation of the Melton's compliance with the Arizona employer sanctions laws referenced in Section 24 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Melton hereby waives any rights to keep such Records confidentiaL For the purpose of evaluating or verifying such actual or claimed costs or units expended,the Town shall have access to said Records from the effective date of this Second Amended Ageement for the duration of the work and until three years after the date of final payment by the Town to Melton pursuant to this Second Amended Agreement. Melton shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this section. The Town shall give Melton reasonable advance notice of intended audits. 24. E-verify Requirements.To the extent applicable under ARIZ.REV.STAT.§41-4401, Melton warrards compliince with al federal immigration laws and regulations that relate to Town Court employees and compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Melton's failure to comply with such warranty shall be deemed a material breach ofths Second Amended Agreement and may resut it the termnation of this Second Amended Agreement by the Town. [SIGNATURES ON FOLLOWING PAGE] 6 IN WITNESS WHEREOF,the parties have executed this Second Amended Agreement on the day and year first set forth above. "MELTON" "TOWN" TOWN OF FOUNTAIN HILLS,an Arizona municipal corporal' n Robert E.Melton Ginny ickey, ayor ATTEST: liza th A. ke,Town Cler 7