Sec. 2-8. Mayor's expense account.

Beginning July 1, 1955, and each year thereafter, the mayor of the city shall have an annual two thousand dollar ($2,000.00) expense account which may be drawn upon and spent for any public purpose; a public purpose shall include entertainment of public guests, commemorating events of a public interest and advertising the advantages and resources of the city. All demands from this fund shall be accompanied by a statement from the mayor of the purpose for which the money has been or is to be used and that the expenditure was or is for a public purpose.

(1953 Code, ch. 2, § 17f; Ord. No. 3759, § 1, 12-13-71)

   Editors Note: Ord. No. 3759, § 1, reenacted the provisions codified as § 2-8. The title of the ordinance provided for the elimination of provisions for entrance passes to Tucson Community Center events for present and former mayors and city councilmen.

Sec. 2-9. Reserved.

   Editors Note: Section 2-9, requiring the filing of rules and regulations of commissions, boards and departments, derived from 1953 Code, ch. 2, § 17g, was repealed by § 1 of Ord. No. 7018, adopted Sept. 6, 1988. See § 10A-136 et seq.

Sec. 2-9.1. Reserved.

   Editors Note: Section 2-9.1, specifying that nonattendance by numbers of governmental bodies be grounds for removal, derived from Ord. No. 3570, § 1, adopted Dec. 14, 1970, was repealed by § 1 of Ord. No. 7018, adopted Sept. 6, 1988. See § 10A-134 et seq.

Sec. 2-10. Civil liability of city; notice of defective condition required.

No civil action shall be maintained against the city for damages or injuries to person or property sustained in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, grading, opening, drain, or other public facility or building being defective, out of repair, unsafe, dangerous or obstructed, unless at least seventy-two (72) hours prior to the occurrence resulting in such damage or injuries, written notice of such defective, unsafe, dangerous, obstructed condition of such street, highway, bridge, culvert, sidewalk, crosswalk, grading, opening, drain, sewer, or other public facility such as parks and playgrounds, public buildings or any other city- owned property whatsoever, specifying the particular place and condition existing, shall have been filed in the office of the city clerk and there was a failure or neglect to repair, remedy or remove the defect, danger, or obstruction within a reasonable time after the filing of such notice.

(1953 Code, ch. 24, § 39)

Sec. 2-11. Reserved.

   Editor's note – Ord. No. 4825, § 1, adopted June 5, 1978, specifically amended the Code by repealing § 2-11, which had pertained to written notice of claims. Said section had been derived from the 1953 Code, ch. 24, § 40.

Sec. 2-12. Reserved.

   Editor's note – Ord. No. 10904, § 3, adopted June 28, 2011, renumbered this section as § 18-11.

Sec. 2-13. Salary of employee during injury or sickness; salary paid to supplement workers' compensation; lien.

Sec. 2-13(1). Any employee of the city, other than non-permanent employees, who either becomes injured or develops an occupational disease in the scope of employment with the city prior to July 1, 2009, shall be paid unearned salary or wages to supplement the compensation payments to which such employee becomes entitled under the state workers' compensation laws, A.R.S. title 23. Such unearned salary or wages shall:

   (1)   Be paid for a period of up to one hundred eighty (180) calendar days of disability for each injury or sickness. Upon written application by the department head, the city manager may approve an extension of payments in sixty (60) day segments, not to exceed three hundred sixty (360) calendar days of disability for each injury or sickness;

   (2)   Be in an amount equal to thirty-three and one-third (33 1/3) percent of such employee's gross salary or wages (excluding overtime) at the base hourly wage rate or salary of commissioned employees of the rank of sergeant and below in an amount, which when added to the employee's workers' compensation payment will equal the employee's base hourly wage rate or salary, including assignment pay;

   (3)   Be subject to payroll deductions normally withheld and deductions, not to exceed the employee's supplemental pay, for furlough hours in any fiscal year in which mayor and council require employees to take a specified number of days or hours of furlough; however, in the event disability is of insufficient length to qualify the employee for workers' compensation, such employee shall be paid one hundred (100) percent of gross salary or wages, less deductions normally withheld, including furlough, for that period;

   (4)   Discontinue at the effective date of employment termination with the city. The termination date shall not include additional pay for any accumulated vacation leave.

Sec. 2-13(2). Any employee of the city, other than non-permanent employees, who either becomes injured or develops an occupational disease in the scope of employment with the city on or after July 1, 2009, shall be paid unearned salary or wages to supplement the compensation payments to which such employee becomes entitled under the state workers' compensation laws, A.R.S. title 23. Such unearned salary or wages shall:

   (1)   Be paid for a period of up to the equivalent of six (6) months for a permanent full-time employees, not to exceed one thousand forty hours (1,040) (or one thousand four hundred fifty-six (1,456) hours for commissioned fire personnel assigned to suppression) of disability for each injury or sickness, with such payments to be prorated to the maximum hourly equivalent of six (6) months for any part-time employees;

   (2)   Shall supplement the employee's base hourly wage rate or salary in an amount, which when added to the employee's workers' compensation payment will equal the employee's base hourly wage rate or salary, including assignment pay;

   (3)   Be subject to payroll deductions normally withheld and deductions, not to exceed the employee's supplemental pay, for furlough hours in any fiscal year in which mayor and council require employees to take a specified number of days or hours of furlough; however, in the event disability is of insufficient length to qualify the employee for worker's compensation, such employee shall be paid one hundred (100) percent of gross salary or wages, less deductions normally withheld, including furlough, for that period;

   (4)   Discontinue at the effective date of employment termination with the city. The termination date shall not include additional pay for any accumulated vacation leave.

Sec. 2-13(3). If a remedy is pursued as allowed by A.R.S. section 23-1023, the city shall have a lien on the amount actually collectible therefrom, to the extent of the moneys paid by the city pursuant to this section. The amount actually collectible shall be the total recovery less the reasonable and necessary expenses, including attorney fees, actually expended in securing such recovery and less the amount to be paid to the city's workers' compensation fund.

(Ord. No. 4204, § 1, 7-1-74; Ord. No. 4829, § 1, 6-12-78; Ord. No. 5799, § 1, 7-5-83; Ord. No. 8753, § 1, 8-5-96; Ord. No. 10679, § 1, 6-9-09, eff. 7-1-09; Ord. No. 10807, § 1, 6-22-10, eff. 7-1-10)

   State law references – Workmen's compensation law, A.R.S. 23-901 et seq.; city employees declared subject to workmen's compensation, A R.S. § 23-901(5)(a).

Sec. 2-14. Reserved.

   Editor's note – Section 2-14, relating to compensation of unclassified appointive officers, added as 1953 Code, ch. 2, §§ 69, 70, by Ord. No. 2005, § 1, adopted Feb. 3, 1960, was repealed by § 1 of Ord. No. 7383, adopted Mar. 19, 1990. The plan had been amended by the following ordinances:

   Ord. No. 2137, § 2, 2-6-61

   Ord. No. 2182, §§ 1, 2, 6-5-61

   Ord. No. 2190, § 1, 6-19-61

   Ord. No. 2212, § 2, 9-18-61

   Ord. No. 2288, § 1, 4-16-62

   Ord. No. 2293, § 1, 5-7-62

   Ord. No. 2583, § 1, 2-17-64

   Ord. No. 2754, §§ 2, 3, 4-5-65

   Ord. No. 2845, § 1, 2-7-66

   Ord. No. 2940, §§ 1, 2, 11-28-66

   Ord. No. 2982, § 1, 2-20-67

   Ord. No. 2986, § 1, 3-20-67

   Ord. No. 3032, §§ 1, 2, 8-14-67

   Ord. No. 3126, § 1, 5-27-68

   Ord. No. 3150, §§ 1--3, 7-22-67

   Ord. No. 3344, § 1, 10-16-69

   Ord. No. 3406, § 1, 2-2-70

   Ord. No. 3646, §§ 3, 4, 5-10-71

   Ord. No. 3786, § 1, 1-24-72

   Ord. No. 3814, §§ 1, 2, 3-27-72

   Ord. No. 3844, § 1, 5-15-72

   Ord. No. 3878, § 1, 7-3-72

   Ord. No. 3965, § 2, 12-8-72

   Ord. No. 3994, §§ 1, 2, 2-26-73

   Ord. No. 4038, § 1, 6-25-73

   Ord. No. 4119, § 1, 12-17-73

   Ord. No. 4198, § 1, 6-17-74

   Ord. No. 4203, § 1, 7-1-74

   Ord. No. 4288, §§ 1, 2, 11-25-74

   Ord. No. 4425, § 1, 12-30-75

   Ord. No. 4435, § 1, 1-26-76

   Ord. No. 4523, § 1, 6-21-76

   Ord. No. 4682, § 1, 7-5-77

   Ord. No. 4735, § 1, 12-19-77

   Ord. No. 4849, § 1, 7-3-78

   Ord. No. 4984, § 1, 6-4-79

   Ord. No. 5164, § 1, 5-27-80

   Ord. No. 5399, § 1, 6-29-81

   Ord. No. 5599, § 1, 6-28-82

   Ord. No. 5724, §§ 1, 2, 2-28-83

   Ord. No. 5798, § 2, 7-5-83

   Ord. No. 6040, § 2, 6-25-85

   Ord. No. 6264, § 2, 6-24-85

   Ord. No. 6452, § 2, 6-16-86

   Ord. No. 6735, § 4, 7-6-87

   Ord. No. 7004, §§ 2, 8, 7-5-88

   Ord. No. 7243, § 6, 7-3-89

   Ord. No. 7275, §§ 5, 6, 9-11-89

   See now § 10-31.

Sec. 2-15. County health officer to enforce health, sanitation, food regulations; obstructing, resisting health officer.

The county health officer and his deputies shall have authority to enforce any provisions of this Code pertaining to health, sanitation, food and food establishments. Any person who shall obstruct or resist the health officer or his deputies in the legal exercise of his duties shall be deemed guilty of a misdemeanor.

(1953 Code, ch. 15, § 4; Ord. No. 2077, § 3, 8-1-60)