Chapter 3 - Administration

ARTICLE 3-1
ARTICLE 3-2
ARTICLE 3-3
ARTICLE 3-4
ARTICLE 3-5

ARTICLE 3-1        OFFICERS IN GENERAL

3-1-1           Officers

3-1-2           Additional Officers

3-1-3           Bond

3-1-4           Vacancies; Holding More Than One Office

3-1-5           Additional Powers and Duties

Section 3-1-1      Officers

There are hereby created the offices of town manager/clerk, town attorney and fire chief who shall be appointed by and serve at the pleasure of the council.  There are further hereby created the offices of chief of police and town engineer who shall be appointed by and serve at the pleasure of the manager.  In addition, there is hereby created the office of town magistrate who shall be appointed by and may be removed by the town council in the manner provided in Section 5-2-1.

Section 3-1-2      Additional Officers

The council may appoint and remove from time to time such other officers as may be deemed necessary and that are not provided for in this code or state statute.

Section 3-1-3      Bond

The council may require each officer of the town to give bond for the due discharge of his 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.

Section 3-1-4      Vacancies; Holding More Than One Office

Any vacancy that shall occur in any town office, except the town council, shall be filled by appointment, provided that one person may hold more than one office and that at the discretion of the council, the functions of a town official may be validly performed and discharged by a deputy or another town official, or an otherwise qualified employee of the town.

Section 3-1-5      Additional Powers and Duties

In addition to any powers and duties prescribed in this code, each officer shall have such further powers, perform such further duties and hold such other office as may be directed by the town manager or town council through ordinance, resolution or order.

ARTICLE 3-2        OFFICERS

3-2-1           Town Manager

3-2-2           Town Clerk

3-2-3           Police Chief

3-2-4           Town Engineer

3-2-5           Town Attorney

3-2-6           Town Magistrate

Section 3-2-1      Town Manager

1. Office Created.  The office of the town manager is hereby created and established.  The town manager shall be appointed by the council wholly on the basis of  administrative and executive ability and qualifications and shall hold office for and at the pleasure of the council.
   

2. Bond.  The town manager shall furnish a corporate surety bond to be approved by the council in such sum as may be determined by the council, and shall be conditioned upon the faithful performance of the duties imposed upon the manager as herein prescribed.  Any premium for such bond shall be a proper charge against the town.
   

3. Compensation.  The manager shall receive such compensation as the council shall fix from time to time.
   

4. Removal Procedure.  The manager may be removed from office by a majority vote of the council, with or without cause.  If the removal is for cause and if requested, the council shall grant the individual a public hearing within thirty days following notice of removal.  If the removal is without cause, it shall become operative thirty days from the date of the notice of removal.  During the interim, the council may suspend the manager from duty but shall continue his salary for three months following the removal date, provided however that the manager shall have been in the service of the town for at least one calendar year.
   

5. Powers and Duties.  The town manager shall be the administrative head of the town government under the direction and control of the council, except as otherwise provided in this chapter.  The manager shall be responsible to the council for the proper administration of all affairs of the town.  In addition to the manager's general powers as administrative head and not as a limitation thereof, it shall be the duty of the manager and he shall have the powers set forth in the following paragraphs:

   1.      Appoint and, when necessary for the good of the town, suspend or remove all officers and employees of the town not appointed by the council.  He may authorize the head of a department or office to appoint, suspend or remove subordinates in such office or department.

   2.      Prepare the budget annually and submit it to the council together with a message describing the important features and be responsible for its administration after adoption.

   3.      Prepare and submit to the council at the end of each fiscal year a complete report on the finances and administrative activities of the town during the preceding year.

   4.      Keep the council advised of the financial condition and future needs of the town and make such recommendations as he may deem desirable.

   5.      Recommend to the council a standard schedule of pay for each position in the town service, including minimum and maximum rates, and determine employee compensation according to such standard schedule of pay.  Authorize the payment of overtime pay for such employees as may work in excess of a normal work period.  Such rates of pay and periods of work shall be in conformity with wages and salaries enacted by the council.

   6.      Recommend to the council from time to time adoption of such measures which he may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of administrative services.

   7.      Attend all meetings of the council unless excused therefrom and take part in the discussion of all matters coming before the council.  He shall be entitled to notice of all regular and special meetings of the council.

   8.      See that all laws and ordinances are duly enforced.

   9.      Investigate the affairs of the town and any department or division thereof. Investigate all complaints in relation to matters concerning the administration of the town government and in regard to service maintained by the public utilities in the town, and see that all franchises, permits and privileges granted by the town are faithfully observed.

   10.    Perform such other duties as may be required by the council, not inconsistent with state law or town ordinances.
   

6. Council not to Interfere with Appointments or Removals.  With regard to officers and employees appointed by the manager, neither the council nor any of its members shall direct or request the appointment of any person to, or his removal or suspension from such office by the manager or any of his subordinates, or in any manner take part in the appointment or removal of such officers and employees in the administrative services of the town.  Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager.

Section 3-2-2      Town Clerk

1. Records.  The clerk shall keep a true and correct record of all business transacted by the council and any other records that either pertain to the business of the town or that the council directs.  The clerk shall number, plainly label and file separately in a suitable cabinet all resolutions, ordinances, notices, deeds, surveys, leases, paid and unpaid vouchers, inventories, letters, orders and other documents of whatever nature.
   

2. Public Inspection of Records.  The clerk shall keep convenient for public inspection all public records and public documents under his control, as provided by state statute.
   

3. Monthly Reports.  The clerk shall prepare and collect from town officers and employees such monthly reports prepared in such manner and to include such information as may be directed by the council.
   

4. Minutes.  The clerk shall prepare or cause to be prepared all minutes of council proceedings and ensure their correctness and accuracy.
   

5. Ordinances, Resolutions, Budgets and Notices.  The clerk shall process, record, file, publish and, if required by state statute, post all ordinances, resolutions, budgets and notices that may be passed by the council.
   

6. Duties as Treasurer.  The clerk shall hold the office of town treasurer and receive and safely keep all monies that shall come to the town and pay out the same when authorized by the council.  He shall keep a separate record and account of each different fund provided by the council, apportion the monies received among the different funds as prescribed by the council, and keep a complete set of books showing:  every money transaction of the town, the state of each fund, from what source the money in each fund was derived and for what purpose expended, and he shall make monthly reports to the council of all receipts and disbursements and the balance in each fund.  At the end of the fiscal year he shall make a full and detailed statement of the receipts and expenditures of the town during the year, specifying the different sources of revenue and the amount received from each, all appropriations made by the mayor and council, and the object for which they were made, and the amount of money expended under each, the evidences of indebtedness issued, and what portion remains thereof outstanding, with the rate and amount of interest due thereon, and the amount of cash on hand.
   

7. Term Expirations.  The clerk shall notify the appointing authority of the impending expiration of the term of office of a member of any board or commission at least thirty days before the expiration of the term.
   

8. Election Official.  The clerk shall be the town election official and perform those duties required by state statute.
   

9. Licenses.  The clerk shall issue or cause to be issued all licenses that may be prescribed by state statute or this code.
   

10. Claims.  All claims against the town must be filed in writing with the clerk.  Claims must present a full account of the items and must contain a verification under oath by the claimant to the effect that the claim is correct, reasonable and just and that no part of said claim has been paid.  All such claims must be approved by the council before payment can be made.
    

11. Damages.  All claims for damages against the town must be filed with the town clerk pursuant to A.R.S. § 12-821.
    

12. Administrative Duties.  The clerk shall perform those administrative responsibilities and duties that are conferred upon him by the council in addition to those specified in this code.

Section 3-2-3      Police Chief

The chief of police shall perform duties as may be required of him by Article 4-1 and the laws of the State of Arizona.

Section 3-2-4      Town Engineer

The engineer shall perform such duties as may be required of him by law and such other duties as the council or manager may direct.

Section 3-2-5      Town Attorney

The attorney shall act as the legal counselor and advisor of the council and other officials and, as such, shall give his opinion in writing when requested.  He shall draft all deeds, contracts, conveyances, ordinances, resolutions and other legal instruments when required by the manager.  He shall approve as to form, in writing, all drafts of contracts and all official or other bonds before final approval or acceptance thereof by the council.  He shall return, within ten days, all ordinances and resolutions submitted to him for consideration by the manager, with his approval or disapproval as to form noted thereon, together with his reasons therefore.  He, or a designee retained with the approval of the manager, shall prosecute and defend all suits, actions or causes where the town is a party, and shall report to the council, when required, the condition of any suit or action to which the town is a party.

Section 3-2-6      Town Magistrate

The town magistrate shall be the presiding officer of the magistrate's court and shall perform those functions necessary to the maintenance of the magistrate's court as provided by state statute.

ARTICLE 3-3        PERSONNEL SYSTEM

3-3-1           Personnel Policies

3-3-2           Conditions of Employment

3-3-3           Political Contributions

3-3-4           Safety and Loss Prevention Program

Section 3-3-1      Personnel Policies

The town may adopt personnel policies, the provisions of which shall apply to all employees of the town except elected officials, officers of the town appointed by the council, persons engaged under contract to supply expert, professional or technical services, temporary employees, volunteer firefighters and volunteer personnel who receive no regular compensation from the town.

Section 3-3-2      Conditions of Employment[1]

The appointment, promotion and tenure of every employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned.  No employee or applicant for employment shall be discriminated against on the basis of race, color, religion, sex, age, political affiliation or disability.  Also consistent with its commitment to provide equal employment opportunities, the town will not tolerate any form of employee harassment, including sexual harassment, harassment based upon race, gender, national origin, religion, age or disability.

1. Sexual Harassment.  Sexual harassment is defined as any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
   

2. Other Harassment.  Any conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating any intimidation, hostile or offensive work environment, based on that individual's race, gender, national origin, religion, age or disability, is also unlawful and will not be tolerated.
   

3. Education.  The personnel director shall be responsible for formally notifying all employees, department directors, elected or appointed officials and volunteers of this policy.  Periodic training on the topic of offensive behavior and harassment may be conducted and offered to all employees, elected and appointed officials and others.
   

4. Reporting Possible Harassment.  Any employee who feels he or she has been harassed should immediately contact either the director of the department in which he or she works, the personnel director or manager to report the situation.  All other employees, including supervisors or directors who become aware of possible harassment of an employee, either as a result of having received a complaint directly from the employee or from any other reliable source of information, or from his or her personal observations, should report the situation to the personnel director or the manager.
   

5. Implementation and No Reprisals.  The manager and the department directors are responsible for creating a productive work environment in which offensive conduct or harassment is completely out of place, taking immediate and appropriate corrective action in response to any confirmed violation of this policy, and assuring that no reprisals are taken against those who complain or against corroborating witnesses. 
   

6. Enforcement and Investigation.  The town is committed to thoroughly investigate each complaint and take immediate and appropriate corrective action on all confirmed violations of this policy.  The personnel director is responsible for the operation of this policy, providing counsel and resolving any unsettled questions which may arise from this policy.  The manager/personnel director, the appropriate department director or the council are responsible for thoroughly investigating and resolving any complaints.  The personnel director shall be responsible for overseeing the investigation of any complaint of harassment.  The goal will be to investigate any such complaint promptly and thoroughly.  Furthermore, to the extent possible, a harassment complaint, as well as the investigation of any such complaint, shall be kept confidential.  Following the investigation, the personnel director shall take (or recommend, if appropriate) appropriate corrective action on all violations of this policy against harassment.
   

7. Penalties.  Any violation of this policy will result in appropriate discipline being taken.  The appropriate action to be taken necessarily will depend on consideration of all the circumstances in a particular situation.

Section 3-3-3      Political Contributions

No officer, official or employee of the town shall use any influence or pressure upon any employee to obtain any assessment or contribution of money or time, either direct or indirect, for any political campaign or personal gain.

Section 3-3-4      Safety and Loss Prevention Program

The town manager may implement a safety and loss prevention program applicable to all employees of the town.

ARTICLE 3-4        PURCHASING

3-4-1           In General

3-4-2           Exclusive Service

3-4-3           Bidding

3-4-4           Determination of Lowest Responsible Bidder

3-4-5           Performance Bond

3-4-6           Emergency Purchases

3-4-7           Forms

3-4-8           Professional Services

3-4-9           Cooperative Purchasing

3-4-10         Purchases from Mayor or Councilmembers

Section 3-4-1      In General

The town manager shall be the purchasing agent for the town.  No purchase or contract for services of any kind or description, payment for which is to be made from funds of the town, shall be made by the purchasing agent, or any officer, employee or agent of the town, except in the manner set forth in this article, and unless said purchase is in accordance with the adopted town budget.

1. Under $1,000.  Whenever any contemplated purchase or contract for services is for the sum of less than $1,000, the purchasing agent may order the item as needed without further formality.
   

2. $1,000 to $2,499 inclusive.  Whenever any contemplated purchase or contract for services is for the sum of at least $1,000 but not more than $2,499, the purchasing agent shall solicit at least three bids for the item or service.  Said solicitation may be orally obtained by him, and he may then award the purchase or contract of service to the lowest responsible bidder.
   

3. $2,500 to $4,999 inclusive.  Whenever any contemplated purchase or contract for services is for the sum of more than $2,500 but less than $4,999, the purchasing agent shall solicit at least three written bids for the item or service on bid forms and award the purchase or contract of services to the lowest responsible bidder.
   

4. $5,000 and over.  Whenever any contemplated purchase or contract for services, except for professional services as defined in Section 3-4-8, is for the sum of $5,000 or more, the purchasing agent shall cause to be published in two issues of a newspaper of general circulation, notice inviting bids, which notice shall be published at least five days prior to the date set for the receipt of the bids.  The notice herein required shall include a general description of the articles to be purchased or services to be performed and the time and place for opening bids.  In addition, the purchasing agent shall post a notice inviting bids in the town hall and may also mail to responsible prospective suppliers a copy of the notice inserted in the newspaper.
   

5. No contract of $5,000 or more shall be let except by the council.  Whenever any contemplated purchase or contract for services is for the sum of $5,000 or more, the purchasing agent shall present the bids to the council for approval, and advise the council of the advantages or disadvantages of contract and bid proposals.

Section 3-4-2      Exclusive Service

In the event that there is only one firm or company or individual capable of providing a particular service or commodity and such services or commodities cannot be secured from other persons or companies, Section 3-4-1 shall not be applicable, and such services or commodities can be secured without bidding.

Section 3-4-3      Bidding

The purchasing agent and all parties contracting with the town, except those parties contracting for professional services as defined in Section 3-4-8,  shall follow the procedure set forth in this section in relation to all bids required under Section 3-4-1, subsection D.

1. All notices and solicitation of bids shall state the time and place for opening.
   

2. All bids shall be submitted sealed to the purchasing agent and shall be identified as bids on the envelope.
   

3. All bids shall be opened in public at the time and place stated in the public notice
   .

4. A tabulation of all bids received shall be posted in the town hall for public inspection.
   

5. The purchasing agent under subsections A, B and C of Section 3-4-1 and the council under subsection D of that section shall have the authority to reject any and all bids and parts of all bids and re-advertise or re-solicit bids.

Section 3-4-4      Determination of Lowest Responsible Bidder

Unless the council or purchasing agent shall exercise the right of rejection as provided by Section 3-4-3, the purchase or contract shall be made from and with the lowest responsible bidder for the entire purchase or contract or for any part thereof.  In determining the lowest responsible bidder, the council and purchasing agent shall consider:

1. The ability, capacity and skill of the bidder to perform the contract or provide the service required.
   

2. Whether the bidder can perform the contract or provide the services promptly or within the specified time, without delay or interference.
   

3. The quality of performance of previous contracts.
   

4. The previous and existing compliance by the bidder with laws and ordinances of the town.
   

5. The financial resources and ability of the bidder to perform the contract.
   

6. The quality, availability and adaptability of the supplies or services.

Section 3-4-5      Performance Bond

The purchasing agent shall have the authority to require a performance bond, in cash or otherwise, for such amount as he may deem sufficient to secure the execution of the contract for the best interest of the town.

Section 3-4-6      Emergency Purchases

In case of an emergency which requires immediate purchases of supplies or services and when time is of the essence, the mayor shall be empowered to authorize the purchasing agent to purchase or secure services without complying with the procedures of this article.  A full report in writing of the circumstances of any emergency purchase shall be filed by the purchasing agent with the town council at its next meeting.

Section 3-4-7      Forms

The purchasing agent shall prescribe and maintain such forms as he shall find necessary for the operation of the provisions of this article.

Section 3-4-8      Professional Services

Unless required by the council, the provisions of this article shall not apply to professional services.  Such services shall include, but not be limited to, the following:  physicians, attorneys, engineers and similar professions.

Section 3-4-9      Cooperative Purchasing

This article shall not apply to purchases made by, through or with the State of Arizona or its political subdivisions.  The town may make purchases or award contracts for services without a formal bidding process whenever other governmental units have done so for the same item or service, if, in the opinion of the purchasing agent, a separate bidding process is not likely to result in a lower price for such items or services.

Section 3-4-10    Purchases from Mayor or Councilmembers

Pursuant to A.R.S. § 38-503(C), the town, through its common council, may purchase supplies, materials and equipment not to exceed three hundred dollars in cost in any single transaction or a total of one thousand dollars annually, from the mayor or any member of the common council without using competitive public bidding procedures according to an annually adopted town policy.

ARTICLE 3-5 CIVIL PREPAREDNESS AND DISASTER[2]

3-5-1           Purposes

3-5-2           Definitions

3-5-3           Civil Preparedness Organization

3-5-4           Powers and Duties

3-5-5           Mutual Aid

3-5-6           Immunity of Town and Representatives Thereof

3-5-7           Enforcement of Orders, Rules and Regulations

3-5-8           Violations

Section 3-5-1      Purposes

The purposes of this article are to:

1. Reduce vulnerability of people and the community to damage, injury and loss of life and property resulting from natural or man-made catastrophes, riots or hostile military or paramilitary action.
   

2. Prepare for prompt and efficient rescue, care and treatment of persons victimized or threatened by disaster.
   

3. Provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters.
   

4. Clarify and strengthen the roles of the mayor, council, manager and town agencies in prevention of, preparation for and response to and recovery from disasters.
   

5. Authorize and provide for cooperation in disaster prevention, preparedness, response and recovery.
   

6. Authorize and provide for coordination of activities relating to disaster prevention, preparedness, response and recovery by agencies and officers of this town, agencies of the private sector and similar activities in which the federal government, the state and its political subdivisions may participate.
   

7. Provide a disaster management system embodying all aspects of pre-disaster preparedness and post-disaster response.

Section 3-5-2      Definitions

In this article unless the context otherwise requires:

1. "Civil preparedness" means the organization, administration, trained manpower, facilities, equipment, material, supplies, programs, emergency plans, ability to execute emergency plans and all other measures necessary and incidental thereto relating to disaster prevention preparedness response and recovery by all governmental and private sector agencies to protect or save health, life or property.
   

2. "Director" means the Director of Civil Preparedness.
   

3. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property or extreme peril to the safety of persons or property, resulting from any natural or manmade causes, including but not limited to fire, flood, earthquake, wind, storm, blight, drought, famine, infestation, air contamination, epidemic, explosion, riot or other acts of civil disobedience which endanger life or property, or hostile military or paramilitary action.
   

4. "Emergency" means the existence of a disaster within the town limits requiring immediate action by the emergency forces of the town.
   

5. "Emergency forces" means all town governmental and private sector agencies, volunteers, facilities, equipment, trained manpower and other resources required to perform civil preparedness functions.
   

6. "Local emergency" means the existence of a disaster within the town limits, and the situation is or is likely to be beyond the capability and resources of the town as determined by the mayor and which requires the combined efforts of other political subdivisions.
   

7. "Regulations" means the orders, rules and emergency procedures deemed essential for civil preparedness.
   

8. "State of emergency" means the duly proclaimed existence of a disaster within the state except a disaster resulting in a state of war emergency which is or is likely to be beyond the capabilities and resources of any single county, city or town and requires the combined efforts of the state and the political subdivision.
   

9. "State of war emergency" means the situation which exists immediately whenever this nation is attacked or upon receipt by this state of a warning from the federal government indicating that such an attack is imminent.

Section 3-5-3      Civil Preparedness Organization

The town manager is hereby authorized and directed to create a civil preparedness organization.  The director of civil preparedness shall be appointed by the town manager.

Section 3-5-4      Powers and Duties

1. The council:

   1.      Shall have the power to make, amend and rescind regulations, not inconsistent with regulations promulgated by the governor, necessary for civil preparedness, which regulations shall have the full effect of this article when a copy is filed in the office of the clerk.  Existing ordinances and regulations, or ordinances and regulations issued under authority of A.R.S. Title 26, Chapter 2, in conflict therewith, are suspended during the time and to the extent that they are in conflict.

   2.      May appropriate and expend funds, make contracts, obtain and distribute equipment, materials and supplies for civil preparedness purposes.

   3.      In the absence of specific authority in state emergency plans and procedures, the council shall take emergency measures as deemed necessary to carry out the provisions of A.R.S. Title 26, Chapter 2.

   4.      In a state of war emergency the council may waive procedures and formalities required by law pertaining to the performance of public work, entering into contracts, incurring obligations, employing permanent and temporary workers, utilizing volunteer workers, renting equipment, purchasing and distributing supplies, materials and facilities and appropriating and expending public funds when the council determines and declares that strict compliance with such procedures and formalities may prevent, hinder or delay mitigation of the effects of the state of war emergency.  The town shall be exempt during such emergency from budget limitations prescribed by Article 9, Section 20 of the State Constitution.
   

2. The mayor:

   1.      In addition to the powers granted by other provisions of the law or town ordinance, the mayor may, by proclamation, declare an emergency or a local emergency to exist.  The proclamation may be rescinded by a majority of the council after twenty-four hours.

   2.      During an emergency or local emergency, the mayor shall govern by proclamation and shall have the authority to impose all necessary regulations to preserve the peace and order of the town including, but not limited to:

   1. Imposition of curfews in all or in a portion of the town;

   2. Ordering the closing of any business;

   3. Closing to public access any public building, street or other public place;

   4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the town for assistance.
      

3. The director:

   1.      The director is responsible in non-emergency periods to act on behalf of the mayor and council to develop a readiness plan for the town's civil preparedness and for coordinated operations in disaster situations.

   2.      During emergencies, the director shall act as the principal advisor or aide to the mayor on emergency operations.  His major responsibility is to assure coordination among emergency forces and with higher and adjacent governments, by assuring that the emergency operation center functions effectively.  He shall assist the mayor in the execution of operations, plans and procedures required by the emergency.

   3.      The director shall prepare a comprehensive disaster basic plan which shall be adopted and maintained by resolution of the council upon the recommendations of the director.  In the preparation of this plan as it pertains to town organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies be used to the fullest extent.

   4.      The disaster plan shall be considered supplementary to this article and have the effect of law whenever emergencies, as defined in this article, have been proclaimed.

Section 3-5-5      Mutual Aid

In periods of local emergency as declared pursuant to this article, the town is hereby granted full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans or agreements therefore.  The town may request from state agencies mutual aid including personnel, equipment and other available resources to assist the town during the local emergency in accordance with emergency plans or at the direction of the governor.

Section 3-5-6      Immunity of Town and Representatives Thereof

1. The town shall not be liable for any claim based upon the exercise or performance, or the failure to exercise or perform a discretionary function or duty on the part of the town or any employee of the town, except willful misconduct, gross negligence or bad faith of any such employee, in carrying out the provisions of A.R.S. Title 26, Chapter 2.
   

2. The immunities from liability, exemptions from laws, ordinances and rules, all pensions, relief, disability worker's compensation and other benefits which apply to the activity of officers, agents or employees of the town when performing their respective functions within the limits of the town shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this article, excepting willful misconduct, gross negligence or bad faith.
   

3. Volunteers duly enrolled or registered for services in a local emergency, a state of emergency or a state of war emergency in carrying out, complying with or attempting to comply with, any regulations issued pursuant to A.R.S. Title 26, Chapter 2 or any local ordinance, or performing any of their authorized functions or duties, or training for the performance of their authorized functions or duties, shall have the same degree of responsibility for their actions and enjoy immunities as officers and employees of the state and its political subdivisions performing similar work.

Section 3-5-7      Enforcement of Orders, Rules and Regulations

The Thatcher Police Department shall enforce regulations issued pursuant to this article.

Section 3-5-8      Violations

It is unlawful for any person to violate any provision of this article or to refuse or willfully neglect to obey any lawful regulation or order issued as provided in this article.  This provision, however, does not apply to the refusal of any private organization or members thereof to participate in an emergency, local emergency or state of emergency as defined by this article.

_______________________________________________