Sec. 12A-1. Business services department established; director established; powers and duties; definitions; finance and procurement functions.

   (a)   There is hereby established a business services department in accordance with the provisions of Chapters V [Section 2(14)], XV, and XXIX of the Charter.

   (b)   The head of the business services department shall be the director of such department, who shall have the duties and powers as set forth in the Charter, including those described in subsection (c) below, and as otherwise established elsewhere in the Charter and this Code.

   (c)   The director shall have the duties and powers as set forth in Chapter XV of the Charter and Chapter 28 of this Code, relating to the director of procurement; and as set forth in Chapter XXIX of the Charter, relating to the director of finance. The director shall be appointed and removed as provided in Chapter V, Section 6 of the Charter and Chapter XXIX, Section 4 of the Charter, each of which provides for appointment by the city manager, subject to approval of the mayor and council, and removal by the city manager.

   (d)   For the purposes of this Chapter, and unless the context plainly requires otherwise, the following terms, phrases and words shall have the meaning given herein:

   (1)   Department means the business services department, which includes both the department of procurement and the department of finance.

   (2)   Director means the director of the business services department, who also serves as the director of finance as provided in Chapter XXIX of the Charter and elsewhere in the Charter and Code; and who serves as the director of procurement as provided in Chapter XV of the Charter and elsewhere in the Charter and Code, including but not limited to Chapter 28 of the Code.

   (e)   On and after the effective date of this Section, wherever any provision of this Code refers to the director of procurement and/or the director of finance, such reference means the director of the business services department; and wherever any provision of this Code refers to the department of finance and/or the department of procurement, such reference means the business services department.

(Ord. 11524, § 1, 2-6-18)

Sec. 12A-2. Director, assignment powers.

Under the direction of the city manager, the director may assign such of the director's duties and functions to others, or to departments, subdepartments or divisions established to perform such assigned work.

(Ord. 11524, § 1, 2-6-18)

Sec. 12A-3. Reserved.

Sec. 12A-4. Reserved.

Sec. 12A-5. Interest on past due accounts receivable.

Interest shall accrue on all past due accounts receivable of the city at rates to be determined and applied as established by the director subject to the direction of the city manager.

(Ord. 11524, § 1, 2-6-18)

Sec. 12A-6. Director to execute and endorse checks.

The director is hereby authorized to execute checks for and on behalf of the city utilizing a facsimile signature or mechanical stamps where necessary and is authorized to endorse checks and other items payable to the city utilizing a facsimile signature or mechanical stamps where necessary. The city clerk is authorized to attest to the authenticity of the signature of the director.

(Ord. 11524, § 1, 2-6-18)

Sec. 12A-7. Dishonored check fee.

   (a)   The city shall charge a fee for each check returned for nonpayment for any reason, including but not limited to insufficient funds, payment stopped, or closed account.

   (b)   The director shall, on a periodic basis, determine the city's administrative costs for processing checks returned for nonpayment, and set the dishonored check fee at the amount necessary to recover these costs; EXCEPT THAT the dishonored check fee shall not exceed the amount that may be charged and collected pursuant to A.R.S. § 44-6852 or any successor state statute. The fee set by the director shall apply to any check returned for nonpayment to the city.

   (c)   Interest shall accrue on the dishonored check fee at rates to be determined and applied as established by the director subject to the direction of the city manager.

   (d)   Notwithstanding subsection (a) above, the director shall waive the dishonored check fee authorized by this section when the director, in that officer's sole discretion, determines that any of the following circumstances exist:

   (1)   The financial institution of the person to whom the fee would otherwise be charged has provided the director with adequate written documentation showing that the financial institution made an error which caused the person's check to be returned for nonpayment.

   (2)   The city, or the city's financial institution, has made an error which caused the check to be returned for nonpayment.

   (3)   The person to whom the fee would otherwise be charged has been the victim of crime, as documented in a police report made at or near the time of the crime and provided by the person to the director, and has satisfactorily demonstrated that the crime resulted in, or had as a consequence, the check's return for nonpayment.

   (e)   The dishonored check fee authorized by this section, and any interest accruing thereon, shall be in addition to any other rights and remedies available to the city.

(Ord. 11524, § 1, 2-6-18)