Chapter 2.35
OFFICERS IN GENERAL

Sections:

2.35.010    Town officers.

2.35.020    Positions appointed by town manager – Positions appointed by town council – Positions appointed by department heads.

2.35.030    Classification of employees.

2.35.040    Nonemployee positions.

2.35.050    Compensation and benefits.

2.35.060    Bond.

2.35.070    Vacancies – Holding more than one office.

2.35.010 Town officers.

A. There are hereby created, in addition to the mayor and town council members, the following officers of the town of Sahuarita. An officer is defined as a person who holds an office of trust, command and authority, and the method of appointment or term of the officer has no relevance to authority granted.

1. Town clerk;

2. Town marshal;

3. Town engineer;

4. Town manager;

5. Town attorney. [Ord. 2006-06 § 11; prior code § 3-1-1. Formerly 2.40.010.]

2.35.020 Positions appointed by town manager – Positions appointed by town council – Positions appointed by department heads.

A. The following positions shall be appointed from time to time by the town council, and shall be employed at the will of the town council. These positions shall have no term of office, shall be at-will, and shall report directly to the town council. In the event that any of these positions are filled pursuant to an employment contract, if the terms of the contract conflict with the terms of employment of this title, the terms of the contract shall prevail.

1. Town manager/town marshal;

2. Town attorney.

B. The town magistrate shall be appointed by the town council for a definite term of not less than two years as provided in STC 2.110.020(A).

C. The following positions shall be appointed from time to time by the town manager, and shall be employed at the will of the town manager. These positions shall have no term of office, shall be at-will, and shall report directly to the town manager.

1. Assistant town manager(s);

2. Town engineer;

3. Public works director;

4. Parks and recreation director;

5. Finance director;

6. Planning director;

7. Building official;

8. Utilities director;

9. Human resources director;

10. Zoning inspector;

11. Fire marshal;

12. Town clerk;

13. All other department heads.

D. The chief of police shall be appointed from time to time by the town council, after hearing the recommendations of the town manager, and shall perform the duties of office under the general and specific direction of the town manager.

E. All other personnel shall be employed under a department head and shall be hired by their department head, with the approval of the town manager, and shall work at the pleasure of their department head, as provided in this code and the town personnel system.

F. The duties of any employee may be delegated by that employee to a deputy when such deputy position exists. In addition to any powers and duties prescribed in this code, each employee shall have such further powers, perform such further duties and hold such other office as may be provided by that employee’s direct supervisor. [Ord. 2008-09 § 1; Ord. 2008-02 § 1; Ord. 2007-07 § 1; Ord. 2006-06 § 11; Ord. 2004-18 § 1; Ord. 2004-01 § 1; Ord. 2001-10; Ord. 2001-03; Ord. 2001-02; prior code § 3-1-2. Formerly 2.40.020.]

2.35.030 Classification of employees.

All offices in the town are divided into classified and unclassified service. The extent to which certain personnel rules or provisions apply to particular employees will depend upon whether those employees are working as classified or unclassified employees.

A. Classified Service. All employees of the town not specifically outlined as an unclassified employee shall be part of the classified service. Different rules and policies, however, may be established for different groups of employees within the classified service.

B. Unclassified Service. Persons comprising unclassified service are part of a responsive management team which exists to carry out the goals and policies of the town. Any grievance or appeal process outlined in any personnel manual or similar document shall not apply to unclassified employees, and such employees shall be considered “at-will” employees, unless employed under a written employment contract or as otherwise set forth in this title. “At-will” employment is defined as employment that may be terminated upon the will of the employer or employee, at any time with or without cause. At-will employees who do not have employment contracts are not guaranteed any minimum length of employment. Unclassified employees shall be paid according to performance and qualifications, as determined by their appointing authority (either the town council or the town manager). However, such unclassified employees shall receive general salary increases which may be granted from time to time at the discretion of their appointing authority. In the event that an unclassified service person is employed under a contract, the contract terms shall prevail over any conflicting terms set forth in this chapter. The following shall be unclassified employees:

1. Town manager;

2. Assistant town manager(s);

3. Town clerk;

4. Town marshal;

5. Town engineer;

6. Town attorney;

7. Parks and recreation director;

8. Planning director;

9. Public works director;

10. Human resources director;

11. Building official;

12. Chief of police;

13. Finance director;

14. Utilities director;

15. All other department heads. [Ord. 2008-09 § 2; Ord. 2006-06 § 11; prior code § 3-1-3. Formerly 2.40.030.]

2.35.040 Nonemployee positions.

The following appointed positions shall not be considered to be employment positions and exist outside of town personnel system:

A. All elected officials and members of boards and commissions;

B. Volunteer personnel and personnel appointed to service without pay;

C. Personnel who render temporary, provisional or special assignment;

D. Part-time personnel employed less than half time (i.e., less than 1,040 hours per year); and

E. Those engaged by the town on a contractual basis. [Ord. 2006-06 § 11; prior code § 3-1-4. Formerly 2.40.040.]

2.35.050 Compensation and benefits.

The compensation and benefits of town employees and officers shall be fixed from time to time by the employee’s or officer’s respective appointing authority. All benefits afforded to classified employees shall be afforded to unclassified employees unless alternate or additional benefits are approved by council. [Ord. 2008-09 § 3; Ord. 2006-06 § 11; prior code § 3-1-5. Formerly 2.40.050.]

2.35.060 Bond.

The town council shall require each officer of the town to furnish bond for the due discharge of his or her duties in such sums and with such security as it may direct and approve as determined by resolution. The town shall pay the costs of such bond. At the discretion of the town council, such bond may be in the form of a blanket bond with such coverage as deemed necessary. [Ord. 2006-06 § 11; prior code § 3-1-6. Formerly 2.40.060.]

2.35.070 Vacancies – Holding more than one office.

Any vacancy that shall occur in any town position shall be filled by appointment of the appointing authority (town council, town manager, or department head). One person may hold more than one position and the functions of a town official may be validly performed and discharged by a deputy or another town official, or an otherwise qualified individual not holding elected office, but employed at the pleasure of the town council. [Ord. 2006-06 § 11; prior code § 3-1-7. Formerly 2.40.070.]