ARTICLE III.

ARTICLE III.
OFFICERS AND EMPLOYEES IN GENERAL

DIVISION 1. GENERALLY

Sec. 2-29 Personnel system.

(a) An organizational chart as set forth in the City of Kingman Personnel Policy is hereby adopted by reference, and may be amended by resolution. Three (3) copies of such chart have been and are now filed in the office of the city clerk.

(b) A position classification as set forth in the City of Kingman Personnel Policy is hereby adopted by reference and may be amended by resolution. Three (3) copies of such chart have been and are now filed in the office of the city clerk.

(c) A salary schedule recommendation as set forth in the City of Kingman Personnel Policy is hereby adopted by reference and may be amended by resolution. Three (3) copies of such recommendation are now on file in the office of the city clerk.

(d) Policies are to be adopted by resolution for the administration of the personnel system created in this section.

(Ord. No. 176, §§ 1—4, 2-12-73; Res. No. 3702, 2-27-02; Res. No. 3744, 6-17-02; Res. No. 3765, 8-5-02; Res. No. 3821, 2-18-03; Res. No. 4205, 11-7-05; Res. No. 4529, 5-19-08; Ord. No. 1644, § 1, 1-20-09; Res. No. 4604, §§ A—F, 5-18-09)

Sec. 2-30 Surrender of effects of office.

Every city officer and/or employee shall, upon the termination of his status as such, surrender to his successor in office or his supervisor all of the effects of his office or position.

Sec. 2-31 Bond.

The city shall provide a blanket bond for city officers and employees under the provisions of Arizona Revised Statutes 9-302(B).

Sec. 2-32 Use of background check information.

(a) All potential employees, leased employees, and volunteers of the city shall be required to undergo a police background check which will include fingerprints, criminal history, felony convictions, and criminal charges that either have been resolved or are pending within one (1) year of the date of application.

(b) Each applicant for employment, leased employee, or volunteer with the city shall submit a full set of fingerprints to the city for the purpose of obtaining a state and federal criminal history records check pursuant to A.R.S. § 41-1750 and Public Law (PL) 92-544. The Arizona Department of Public Safety is authorized by the city to conduct the necessary background checks, and to exchange the fingerprint data with the Federal Bureau of Investigation.

(c) Criminal history information shall be used to determine employment/engagement suitability according to the provisions of the personnel rules and regulations. Any other use is prohibited and any person violating the provisions of this section shall be subject to disciplinary action as defined by the personnel rules and regulations.

(d) Criminal history information shall only be given to authorized personnel on file with the Department of Public Safety.

(e) No provision of this section shall restrict the use of criminal history information by the Kingman police department in performing the duties required of it by state and federal regulations.

(Ord. No. 349, 5-14-79; Ord. No. 640, 2-2-87; Ord. No. 1290, 4-2-01; Ord. No. 1306, 8-20-01; Ord. No. 1871, § 1, 7-17-18)

Editor’s note: Ord. No. 349, adopted May 14, 1979, amended the 1966 Code by adding § 6-19, codified here as § 2-32 at the editor’s discretion. Subsequently, new personnel rules have been adopted, which may or may not have equivalent material to the section listed above.

Cross references: Penalty or sanction, § 1-8.

Sec. 2-33 Indemnification policy.

(a) Definitions. In this section, unless the context otherwise requires:

(1) “Elected officials” are the mayor and six (6) councilmen.

(2) “Appointed officials” are all persons appointed by the common council to any city office.

(3) “Employee” is a person working for a salary or wages for the City of Kingman but shall not include any person working pursuant to a contract with the city.

(4) “City” shall be the City of Kingman, a municipal corporation of the State of Arizona.

(5) “Wrongful acts” shall mean any actual or alleged error or mistake or act or omission or neglect or breach of duty including misfeasance and malfeasance and nonfeasance committed by elected or appointed officials or employees in the discharge of their duties with the city, individually or collectively, or any matter claimed against them by reason of their being or having been officials or employees of the city.

(b) Defense and indemnity. It shall be the policy of the city to defend any suit against elected or appointed officials or employees of the city for acts performed on behalf of the city. The cost of defense and indemnity shall be provided for [through] damages on account of wrongful acts. The city shall make such investigations and settlement of any such claim or suit as it deems expedient. Where there is other insurance covering said wrongful acts, the provisions of this section shall be excess.

(c) Exclusions. The city shall not be liable to defend or make any payment in connection with any claim or suit made against elected or appointed officials or employees under the following circumstances:

(1) Where a judgment or other final adjudication adverse to the official and employee shall establish that acts of active or deliberate dishonesty or fraud committed by such officials or employees was material to the cause of action so adjudicated.

(2) Where the official or employee gained any personal profit or advantage to which they were not legally entitled, including remuneration paid in violation of law as determined by the courts.

(3) Where the cause of action was based upon or attributable to the rendering or failure to render any opinion, consultation or service if such opinion, consultation or service was rendered or failed to have been rendered while he or she received compensation from any source other than the city.

(4) Where the claim or damages arise out of the willful violation of penal statute or ordinance.

(5) Upon the filing of a criminal complaint or indictment unless the act or omission giving rise to the complaint or indictment was required by or authorized under the official’s or employee’s duties and responsibilities.

(d) Applicability. The provisions of this section apply to all elected and appointed city officials and city employees for their wrongful acts, except as provided in subsection (c) hereof, whether the claim is filed during or subsequent to the official’s or employee’s term of office or employment.

(e) Limitation. This section shall not abrogate any local, state or federal laws or regulations.

(Res. No. 1093, §§ 1—5, 10-6-86)

Editor’s note: Res. No. 1093, §§ 1—5, adopted Oct. 6, 1986, has been codified as § 2-33 at the discretion of the editor.

Sec. 2-34 Expense claims.

(a) Expense claims. Any officer or employee of the city who shall present an expense claim against the city must file a complete itemized statement, with a receipt for any money expended by him. Unless the claim complies with the provisions of this section, the officer or employee shall be liable for the amount of the claim. All claims and expenses shall be presented within seven (7) working days of the expense or the officer’s or employee’s return, whichever is later.

(b) Out-of-town travel.

(1) Travel authorization. No travel costs shall be paid unless a request for travel authorization is submitted in advance to the city manager for approval except, when due to unforeseen circumstances, this requirement cannot be met. Payment for hotels or other costs should be in advance, if possible. The finance director shall review the request for travel authorization to ascertain the availability of funds.

(2) Travel allowance. The claims of officers and employees of the city for reimbursement of travel expenses while traveling on official business of the city shall be submitted by verified claim or statement and shall be computed in the following manner:

a. Hotel room expenses required for out-of-town travel shall be reimbursed, based on actual costs supported by a receipt. Measures should be taken by the officer or employee to make hotel accommodations at the most reasonable facility available. Payment for hotels should be in advance after approval of the city manager, as required in subsection (a)(1) of this section. When the hotel bill covers more than the expense of the individual officer or employee, only the single room rate may be reimbursed.

b. Travel by way of private transportation shall be reimbursed at the mileage rate set by the IRS for the calendar year in which the travel occurred plus parking and toll fees. When any officer or employee uses private transportation for travel, reimbursable expenses shall be the lesser of either the lowest commercial airline round-trip fare for the number of authorized travelers traveling in the vehicle plus travel costs from the airport to the meeting or appointment, or the mileage rate set by the IRS for the calendar year in which the travel occurred plus tolls and fees for parking. If commercial flights are not available to a particular destination, reimbursement for transportation expenses shall be computed at the mileage rate set by the IRS for the calendar year in which the travel occurred plus parking and toll fees. Employees who receive a flat rate travel allowance for private automobile use will not be allowed mileage or travel costs to a distance less than three hundred (300) miles one (1) way, unless approved by the city manager. Mileage will be based on the most direct highway route.

c. Meals in connection with travel involving overnight stay(s), the traveler shall be provided per diem in accordance to the United States general services administration (GSA) rates in effect at the time of travel based on the location of the work activities.

d. Reimbursement for airline travel of an officer or employee on authorized official business shall be restricted to the lowest available fare. Charter air travel for emergency purposes may be authorized by the city manager.

e. An officer or employee making a trip not overnight shall be reimbursed only for actual reasonable expenditures for meals, tips, taxicab fare and other miscellaneous items of travel expense. Each reimbursement claim for such expenses shall be accompanied by a receipt.

f. In addition, the expense of a bus or limousine incurred by an officer or employee traveling out of the city on official business shall be reimbursed. Automobiles may be rented for city business subject to prior approval by the city manager and reimbursement will require a paid receipt.

g. Registration fees for conferences will be paid if accompanied by a receipt. Registration fees should be paid in advance. No reimbursement will be paid for any meal included as part of the registration fee.

(c) City cars; expenses. Whenever possible, an officer or employee of the city shall use a city-owned vehicle for transportation for city business, and no claim shall be made against the city for mileage reimbursed.

(d) Private cars in the city. No claim for mileage, gas, oil or repairs shall be allowed to any officer or employee of the city upon a privately owned automobile used in the city on city business unless specifically authorized in advance. If authorized in advance, reimbursement for costs shall be at the mileage rate set by the IRS for the calendar year in which the travel occurred.

(e) Meal allowance. When city business requires an officer or employee to attend a meeting within the city and the meeting includes a meal, the actual cost of the meal will be paid when accompanied by a receipt.

(f) Board and committee members and volunteers. Any unpaid volunteer and any member of any city board, committee or commission may be reimbursed for travel expenses incurred on city business, in compliance with the terms of this section. Travel expenses incurred by councilmembers are subject to this section.

(Ord. No. 621, 12-20-86; Ord. No. 836, 7-2-90; Ord. No. 1077, 6-3-96; Ord. No. 1642, § 1, 1-5-09; Ord. No. 1757, § 1, 7-2-13)

Editor’s note: Ord. No. 621, adopted Oct. 20, 1986, adding § 2-33 to the Code, has been included as § 2-34 in order to avoid duplication of section numbers.

Sec. 2-35 Vehicle identification.

(a) All motor vehicles owned or leased by the city for a period of six (6) months or more shall bear the name of the department, the statement “for official use only” and the official seal of the city. The seal shall be a minimum of four (4) inches in diameter and the statements shall be a minimum of one-half-inch letters. Police vehicles may use the official police seal rather than the official city seal.

(b) Vehicles complying with A.R.S. § 28-1444 shall be exempt from subsection (a) above. The city manager shall present a list of exempt vehicles to the council each year for approval, during the month of July.

(1) Sedans: The official seal and department name shall be placed on the front door on both sides of the vehicle. “For Official Use Only” may be placed on the rear window or on the front doors.

(2) The vehicle leased for use by the mayor, council, and city manager, shall display the official seal and department name on the front of the vehicle in the form of an identification (license) plate. The statement “For Official Use Only” may be placed on a side or rear window.

(3) Trucks/vans: The official seal, department name and “Official Use Only” shall be displayed on the doors on both sides of the vehicle.

(4) Motor equipment or golf carts: The official seal, department name and “Official Use Only” shall be displayed on the equipment or cart in a conspicuous location.

(d) When vehicles and equipment required to display the identification information listed in subsection (a) are retired from service, the identification information shall be removed from the vehicle or equipment prior to disposition.

(e) Official seals and lettering shall be replaced when it becomes faded and illegible.

(Ord. No. 718, 9-19-88)

Secs. 2-36—2-37. Reserved.

DIVISION 2. CITY MANAGER¹

Sec. 2-38 Established.

The office of city manager is hereby created.

(Ord. No. 129, § 1, 11-15-04)

State law references: Power of city to establish office of city manager, A.R.S. § 9-303(A).

Sec. 2-39 City manager appointment and removal.

The city manager shall be appointed by the majority vote of the common council for an indefinite term. At the time of appointment to the office of city manager, the employee must establish and maintain residency within the Kingman city limits or no further than three (3) miles outside the city limits. This must occur no later than six (6) months from the date of hire. The city manager shall serve at the pleasure of the common council of the City of Kingman, Arizona, and the city manager may be removed without cause by a majority vote of said common council.

(Ord. No. 129, §§ 2, 10, 11-15-04; Ord. No. 1953, § 1, 10-17-23)

State law references: Appointment of manager, A.R.S. § 9-303(A); similar provisions, A.R.S. § 9-303(C).

Sec. 2-40 Powers and duties of city manager.

The city manager shall have and exercise the powers and perform the duties relating to the affairs to the city. Such powers and duties shall be prescribed by this division and such other ordinances and resolutions as shall be enacted by the common council. The city manager shall be the head of the administrative branch of the city government and shall be required to:

(1) Devote his entire time to the discharge of his office and duties attend all meetings of the common council unless excused therefrom by the common council or by the mayor.

(2) See that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and privileges granted by the City of Kingman, Arizona are observed.

(3) Act as purchasing agent for all departments of the city giving due consideration to the recommendations and the counsel of the department heads.

(4) Appoint, and when deemed necessary for the good of the service, lay-off, suspend, transfer, demote or remove all department heads and employees of the city, subject however to such employee or merit system regulations as the common council may adopt, or as provided by the ordinances of the city and the laws of the State of Arizona. At no time shall the city manager develop and/or enter into severance agreements with employees without majority approval of the common council.

(5) Advise the common council as to the financial condition of the city, supervise the preparation of all financial reports, including the annual budget, and those reports requested from time to time by the common council, to be presented to the mayor and the common council members.

(6) Recommend to the common council (in writing) for its consideration such measures that he may deem necessary or expedient.

(7) Promulgate administrative rules and regulations to further the policies adopted by the council.

(Ord. No. 129, §§ 3, 4, 11-15-04; Ord. No. 129R, 9-4-07; Ord. No. 1645, § 1, 1-9-09)

State law references: Delegation to city manager authorized, A.R.S. § 9-303(B).

Sec. 2-41 Common council not to interfere.

Neither the common council nor any of its members shall interfere with the execution by the city manager of his powers and duties, or order, directly or indirectly, the appointment by the city manager by any person to an office or employment or his removal therefrom except as provided in subsection 2-40(4).

(Ord. No. 129, § 7, 11-15-04)

Sec. 2-42 Orders to administrative subordinates by council.

Except for the purposes of inquiry, the common council and its members shall deal with the administrative service under the city manager solely through the city manager and neither the common council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately.

(Ord. No. 129, § 8, 11-15-04)

Sec. 2-43 Effect of restrictions on common council.

Nothing in this division shall be construed however, as prohibiting the common council (while in open or executive session) from inquiring of and fully and freely discussing with or suggesting to the city manager anything pertaining to the affairs of the City of Kingman, Arizona or the interest of the city.

(Ord. No. 129, § 9, 11-15-04)

Secs. 2-44—2-69. Reserved.

Editor’s note: Ord. No. 129, §§ 1—9, adopted Nov. 15, 2004, amended Div. 2 in its entirety to read as herein set out. Former Division 2, §§ 2-38—2-69, pertained to similar subject matter, and derived from Ord. 129, §§ 1—4 and §§ 7—10, adopted Feb. 24, 1971.

ARTICLE III.OFFICERS AND EMPLOYEES IN GENERAL