Bill Text: AZ SB1345 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Cities; number of employees; compensation
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-14 - Senate third reading , voting: (12-16-2-0) [SB1345 Detail]
Download: Arizona-2011-SB1345-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1345 |
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AN ACT
amending title 9, Arizona Revised Statutes, by adding chapter 9; relating to hiring and compensation of municipal employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, Arizona Revised Statutes, is amended by adding chapter 9, to read:
CHAPTER 9
HIRING AND COMPENSATION OF CITY EMPLOYEES
ARTICLE 1. GENERAL PROVISIONS
9-1001. Definitions
In this article, unless the context otherwise requires:
1. "City" means a city with a population of more than five hundred thousand persons.
2. "Municipal employee" means a person who is employed by the city or its departments, a person employed by a municipal enterprise department, including a person who is employed by any political subdivision or quasi‑governmental body that is organized by the city under a local ordinance or charter provision and over which the city council, one or more members of the city council or the city manager, or their authorized agents, retain controlling or supervisory authority.
9-1002. Limit on hiring and compensation of municipal employees
A. Notwithstanding any law to the contrary, the total number of municipal employees for a city shall not exceed the number of filled positions existing at the beginning of fiscal year 2011-2012 for that city. After fiscal year 2013-2014, the number of municipal employees, excluding sworn police officers and firefighters that are exempt from privatization pursuant to a city ordinance or city charter, shall not exceed 0.4 per cent of the population of the city.
B. Beginning with the first fiscal year after the effective date of this chapter and each fiscal year thereafter, the total amount of annual compensation and benefits budgeted and authorized to be paid by the city to municipal employees on average per municipal employee, excluding sworn police officers and firefighters that are exempt from privatization under a city ordinance or city charter, shall not exceed one hundred ten per cent of the total amount of annual compensation and benefits paid to private sector employees of businesses and organizations that operate within the city's jurisdiction on average per employee. Data regarding the city's metropolitan statistical area maintained by the United States bureau of labor statistics presumptively establishes a reasonable estimate for the total amount of annual compensation and benefits paid to private sector employees of businesses and organizations that operate within the city's jurisdiction on average per employee. If no local statistical tool exists for an affected city to determine average private sector compensation, the city shall use a statistical report from the United States bureau of labor statistics for the relevant county.
C. This section does not apply if compliance would violate any applicable federal law or regulation.
9-1003. Reporting of employee compensation
A. On the first day of each city fiscal year, the city shall publish a report disclosing the following:
1. The budgeted total amount of annual compensation and benefits paid by the city to municipal employees on average per employee.
2. The budgeted total amount of annual compensation and benefits paid by the city to municipal employees on average per employee for sworn police officers and firefighters that are exempt from privatization pursuant to a city ordinance or city charter.
B. The amount of compensation estimated in connection with the amounts prescribed in subsection A shall include, in addition to other categories of compensation, the greater of budgeted overtime or actual overtime paid during the preceding fiscal year.
C. The amount of retirement benefits estimated in connection with the amounts prescribed in subsection A shall be based on the present value of anticipated retirement benefits to be paid assuming existing vesting schedules and the average municipal employee attrition rate over the preceding five years.
D. The estimated total amount of annual compensation and benefits paid to private sector employees for businesses and organizations that operate within the city's jurisdiction on average per employee shall be based on the most recent statistics available from the United States bureau of labor statistics or an equivalent reliable statistical agency data regarding the city's metropolitan statistical area that is maintained by the United States bureau of labor statistics presumptively establishes a reasonable estimate for the amount required by this subsection.
E. The city shall also provide the bases and sources of data for any related calculations required by this section.
9-1004. Taxpayer standing
Notwithstanding any law to the contrary, taxpayers residing in the city may bring a special action in any court of competent jurisdiction to enforce the municipal employment limit and municipal employee compensation limit prescribed by this chapter. The city, by clear and convincing evidence, bears the burden of proof in any such proceeding to demonstrate compliance with the requirements of this chapter. Data on employment numbers, compensation and benefits that is obtained from the United States census bureau and the United States bureau of labor statistics, or an equivalent reliable statistical agency shall be deemed admissible in any proceeding.
Sec. 2. Existing contracts
This act does not apply to existing vested contractual or intergovernmental agreements for the furnishing of municipal services that have been entered into before the effective date of this act. When the vested contractual or intergovernmental agreements expire, the agreements may only be continued if they are continued or renegotiated pursuant to this act.
