HomeMy WebLinkAbout2013 07.02 City Council Regular Agenda , 9T �I,l . City of Apache Junction, Arizona Meeting location
r 'r City Council Chambers
k - tt, at City Hall
300E Superstition Blvd
._ ? A enda - Final
g Apache Junction,AZ
t1}. 1. 85119
City Council Meeting
www ajcity net
Ph (480)982-8002
Tuesday,July 2,2013 7.00 PM City Council Chambers
A. CALL TO ORDER
B. INVOCATION AND PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. CONSENT AGENDA
The council may, at this time, take single action on any or all items listed as consent
agenda items These may include, but are not limited to, acceptance of agenda,
acceptance of minutes, appointments, acceptance of resignations and adoption of
certain resolutions and other items which do not require a public heanng The consent
agenda is a timesaving device of which the mayor and city council is to receive
documentation on these items from the city manager for their review pnor to the
meeting Any member of the council may remove any item from the consent agenda
for discussion and cause a separate vote on the matter later in the agenda
1. 13-143 Acceptance of agenda.
2 13-144 Approval of minutes of the regular meeting of June 18, 2013
3 13-132 Consideration of approval of the Greater Phoenix Economic Council (GPEC)
contract for economic development services in the amount of$21,186 00, and
reappointment of Councilmember Serdy to serve on the GPEC Board of
Directors Consideration and action
4 13-131 Acknowledge receipt of the Annual Report of the Apache Junction Public
Library Board of Trustees for 2012-2013 fiscal year A R S 9-418 requires the
library board to make an annual report to the governing body of the city on or
before the first Monday of July of each year The report is to be adopted by
the library board at a special meeting June 27, 2013 Acknowledge receipt
5 13-138 Consideration of approval of an employment agreement with the city manager
Consideration and action
6. 13-140 Consideration of approval of ratification of city attorney employment
agreement With the impanelling of newly elected officials in June, ratification
of the city attorney's February 2013 employment agreement is recommended
Consideration and action.
City of Apache Junction,Arizona Page 1 Printed on 6/24/2013
City Council Meeting Agenda-Final July 2,2013
E. AWARDS, PRESENTATIONS AND PROCLAMATIONS
Awards,presentations from other organizations,proclamations issued by the mayor,
and acknowledgement of distinguished guests and visitors, and staff presentation of
receipt of grant or donated funds are permitted at this time
F. ANNOUNCEMENT OF CURRENT EVENTS
The mayor or any member of council may at this time present a brief summary of
current events However, no discussion shall take place on such items except for
clarifying comments related to substance, time and location
G. CITY MANAGER'S REPORT
The city manager, members of city staff or those individuals designated by the manager
may present information pertinent to Items under consideration or information related to
the operation of the city There shall however be no discussion at this time except for
clarification inquiries
7 13-128 City Manager's Report Presentation and discussion.
8 13-136 Legislative Update Presentation and discussion.
9. 13-133 Presentation and discussion by Julie Nunley, CEO, of Banner Goldfield
Medical Center, on Banner's new Apache Junction location and an overview of
the recent facility enhancements and services available to the community
Presentation and discussion.
10. 13-127 Presentation and discussion with Roc Arnett of the East Valley Partnership
regarding the East Valley Rising Project Presentation and discussion
H. PUBLIC HEARINGS
Public hearings required by applicable law shall be conducted by the council and any
person shall be given the opportunity to speak All remarks shall be addressed to the
council as a whole and not to any member thereof. Such remarks shall be limited to five
(5)minutes unless additional time is granted by the mayor This time limitation shall not
apply to applicants and their agents appearing before the council
11. 13-153 Proposed Resolution No 13-23, declaring as a public record that certain
document filed with the city clerk entitled "City of Apache Junction Personnel
Rules 2013," repealing any conflicting provisions, providing for severability, and
declaring an emergency Consideration and action.
12 13-154 Proposed Ordinance No 1390, adopting by reference that certain document
entitled "City of Apache Junction Personnel Rules 2013", repealing any
conflicting provisions, providing for severability, and declaring an emergency
Consideration and action.
City of Apache Junction,Arizona Page 2 Printed on 6/24/2013
City Council Meeting Agenda-Final July 2,2013
13 13-141 Proposed Ordinance No 1392, amending the Apache Junction City Code,
Chapter 3, Administration, Article 3-6, Department of Public Safety, by
modifying Section 3-6-3, Subsection (B), Appointment and Dismissal, repealing
any conflicting provisions, providing for severability, and declaring an
emergency Consideration and action.
14. 13-142 Proposed Ordinance No 1391, amending the Apache Junction City Code,
Chapter 8, Business, Article 8-8, Licensing Requirements for Special,
Community and Private Events, by modifying Section 8-8-1, Definitions,
repealing any conflicting provisions, providing for severability, and declaring an
emergency Consideration and action
I. OLD BUSINESS
The council shall consider any business that has been previously considered and which
is still unfinished to include those items previously postponed or tabled No member of
the public shall be permitted to speak on these items unless invited to do so by the
mayor after first submitting a written request-to-speak form with the city clerk
J. NEW BUSINESS
The council shall consider any business not yet considered No member of the public
shall be permitted to speak on these items unless invited to do so by the mayor after
first submitting a wntten request-to-speak form with the city clerk
K. COUNCIL DIRECTION TO STAFF
This item allows the mayor and city council to direct staff on specifically listed matters
15 13-120 Staff respectfully requests council direction regarding preparation of a
resolution of support for the Resolution Copper Project for council's
consideration Direction to staff.
16. 13-135 Council direction to staff on the Lost Dutchman Monument located adjacent to
the Focal Point in downtown Apache Junction At the June 24, 2013 Council
Work Session, a presentation was made by Dons Club Board President, Greg
Davis, relating to history and future of the Lost Dutchman Monument, including
but not limited to, additional historical monument signage, and enhanced
lighting and structural protection measures Since it was erected in 1938, the
condition has deteriorated somewhat and it is in need of protection from
vandalism and the elements Councilmember Serdy expressed interest in
exploring its preservation Staff seeks council direction on furthering this
concept Direction to staff
L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
17. 13-129 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday,
July 15, 2013
18. 13-130 Executive Session at 5 45 P M for Tuesday, July 16, 2013. Other meetings if
necessary
City of Apache Junction,Arizona Page 3 Printed on 6/24/2013
City Council Meeting Agenda-Final July 2,2013
M. CALL TO PUBLIC
At this time the public has the privilege to address the council with requests,
communications, comments or suggestions relating to city business that are not listed
on the agenda All speakers must have already submitted a written "Request to Speak"
form to the city clerk no later than the conclusion of the city manager's report portion of
the agenda If there is a group speaking on the same item, they should select a
spokesperson All such remarks shall be addressed to the council as a whole and not to
any member thereof The mayor is authonzed to ask a speaker to stop speaking and
leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil,
makes personal attacks or continues to speak about items that are not within the
junsdiction of the city after being warned such issues are beyond the jurisdiction of the
city to act The council may not answer questions of the speaker, discuss the matter
with one another, but may, at the conclusion 1)respond
to criticism by a speaker;2)ask the city manager to review a matter;3)ask the city
manager to place the matter on a future agenda Each speaker must approach the
podium, speak into the microphone,provide their name and address There is a three
(3)minute time limit per speaker
N. ADJOURNMENT
Copies of this agenda and additional information on any of the items listed above may
be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache
Junction,AZ 85119, Monday through Thursday from 7 O0a-6 00p, excluding holidays
If any person with a disability needs any type of accommodation,please notify Human
Resources at(480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the
scheduled time
City of Apache Junction,Arizona Page 4 Printed on 6/24/2013
CITY COUNCIL
REGULAR MEETING
JUNE 18, 2013
The regular meeting of the City Council of the City of
Apache Junction, Arizona, was held on June 18, 2013, at the
Apache Junction City Council Chambers pursuant to the notice
/^ required by law.
CALL TO ORDER
Mayor Insalaco called the meeting to order at 7 : 00 p.m.
INVOCATION
Councilmember Wilson gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Waldron led the Pledge of Allegiance.
ROLL CALL
Councilmembers Present: Mayor Insalaco
Vice Mayor Barker
Councilmember Evans
Councilmember Rizzi
Councilmember Serdy
Councilmember Waldron
Councilmember Wilson
Staff Present: City Manager George Hoffman
Assistant City Manager Bryant Powell
City Clerk Kathleen Connelly
City Attorney Joel Stern
Interim Public Safety Director/Deputy
Chief Tom Kelly
Public Works Director Giao Pham
Assistant to the City Manager Matt
Busby
Others Present: Executive Assistant to the City Manager
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 1 OF 11
Anna McCray
Administrative Assistant Hazel Randall
Business Advocate Janine Solley
ACCEPTANCE OF CONSENT AGENDA
Vice Mayor Barker MOVED
THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT RESOLUTION NO. 13-25, A RESOLUTION OF THE MAYOR AND CITY eN
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE
MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE PHOENIX-MESA GATEWAY
AIRPORT AUTHORITY AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT, THE PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED
AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE
PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AND CITY OF APACHE
JUNCTION LOAN AGREEMENT; AND AUTHORIZING CITY STAFF TO IMPLEMENT
ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS, BE
APPROVED.
Councilmember Waldron
SECONDED THE MOTION.
VOTE: Unanimous.
The motion carried.
AWARDS, PRESENTATIONS AND PROCLAMATIONS
None.
ANNOUNCEMENT OF CURRENT EVENTS
emm
Mayor Insalaco announced Republic Services is partnering with
the city to present the Fourth of July Celebration. He gave a
partial list of the activities for the celebration.
CITY MANAGER' S REPORT
City Manager George Hoffman commented on the usage of the
Superstition Aquatics Center during opening week and encouraged
everyone to thank Representative Doug Coleman for his compromise
solution in the legislature regarding tax issues.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 2 OF 11
Mayor Insalaco commented one could use the words courage,
honesty, integrity and thinking of the people of this city that
put Representative Coleman there. He thinks about them more
than he does himself.
Assistant to the City Manager Matt Busby gave a brief
legislative update. The governor called a special session to
address the budget, Medicaid and the transaction privilege tax
simplification.
Vice Mayor Barker asked for some clarification. The Arizona
Department of Revenue administered tax portals for cities and
towns before. She asked if cities and towns will have to pay
for the availability within the city.
City Clerk Kathleen Connelly stated it will be a fee per use.
They do not know how much it will be. It appears what was
previously an option for the taxpayers to file locally or with
the Department of Revenue may now be mandated to file with
Department of Revenue. As someone who has worked with the
Department of Revenue, she does not want to go back to the 1980s
and nightmare that it was .
Vice Mayor Barker commented they will figure the fees at their
leisure.
City Clerk Kathleen Connelly stated that is correct. The
Unified Audit Committee, which we are a part of, will be looking
at these fees and procedures.
Assistant to the City Manager Matt Busby commented he will keep
the council posted on the ongoing investigations. He continued
with his briefing, including construction company
indemnifications.
City Attorney Joel Stern stated it basically states that when
they have a construction company, they usually had an
indemnification provision that said if the city got sued and it
was the construction company' s fault, the construction company
would cover the city and have to hire an attorney to defend the
city. Now there are restrictions on that. The construction
lobby got to the legislature. They did other things, too, in
Title 34 . He does not know why it came at the last minute.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 3 OF 11
e1
Assistant to the City Manager Matt Busby stated they do know
that it is bad for the city and they will try to figure out
exactly what it does to the city.
City Attorney Joel Stern stated he would provide them with an
update on his idea of the laws later.
Assistant to the City Manager Matt Busby briefed them on
legislative items related to next year and the League resolution
process.
Mayor Insalaco commented when he presented the truck lane
restrictions resolution last year there were only two
municipalities sponsoring it. It is good to see that more are
jumping on board this year.
Assistant to the City Manager Matt Busby continued with his
briefing on the League resolutions. One of them was from Yuma
seeking to limit the number of public records requests by one
party.
Mayor Insalaco commented one person last year got 138 requests
in one week' s time on different things. He read them, left them
on the counter and walked away.
Assistant to the City Manager Matt Busby continued with his
briefing on the League resolutions.
City Manager George Hoffman stated they are working on
preparedness and having different people do different
responsibilities . Anna McCray has taken the lead on some
software we are using. The city has had to reduce staffing over
the years, compelling us to be smarter about how we are doing
things. Anna will give an overview of the city' s agenda
management software tonight.
Executive Assistant to the City Manager Anna McCray briefed the
council on changes the city has made to its agenda management
software.
Councilmember Waldron commented he was playing with the portal
this weekend and it is pretty good.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 4 OF 11
Om\ ON
Assistant City Manager Bryant Powell commented this is really
about transparency and ability. There is no cost to the
residents and no staff time. When he first got here, if someone
wanted to reach out and get the agenda staff would have to be
used. As long as there is internet connection it is completely
open to anyone. Now there is video streaming that is free.
City Manager George Hoffman stated they have the ability to
quickly go to that agenda item and jump to it on the video
streaming. It is really a neat feature. Hopefully it will be
very intuitive for public use. He then invited up Acting Police
Chief Tom Kelly.
Acting Police Chief Tom Kelly introduced Officer Justin Griffith
and new Canine Officer Daimont and provided an update on the
canine unit program.
Vice Mayor Barker asked if Senna was retired at this point or
will they have double duty for awhile.
Acting Police Chief Tom Kelly stated Senna is semi-officially
retired. She has served her purpose for 6 years. She was
approximately 3 years old when she came to us. She is almost
his age in human years .
Vice Mayor Barker asked if she would be staying with Officer
Chacon.
Acting Police Chief Tom Kelly stated that is something they are
working out right now with the city attorney and that is
hopefully the direction they are going in. Officially, Officer
Griffith will be our sole canine officer.
Officer Justin Griffith introduced Officer Daimont, stating she
is originally from Holland. Her police training was primarily
in Holland and she received additional training in the United
States. She received narcotics training in the academy from
April through May. She has been working for two weeks and has
already found narcotics on some suspects and found narcotics on
a search warrant last week.
Mayor Insalaco asked how old she is.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 5 OF 11
I^
Officer Justin Griffith stated she is 5 years old.
Mayor Insalaco commented she looks like a young 5.
Officer Justin Griffith stated she acts a young 5, too.
Councilmember Wilson asked how long she will be in service.
Officer Justin Griffith stated they hope to get 4 or 5 years out eN
of her. Some dogs can go longer; it depends on the genes, the
breed, how they act and their medical condition. She is a
Belgian Malinois and they do not have the hip issue that German
Shepherds have. They usually get a little bit longer police
life than they do.
Mayor Insalaco asked why the dogs are so old when they start .
He asked if it takes that long to train them.
Officer Justin Griffith stated dogs usually start off at about
two and it does not take that long to train them. It happened
that Daimont was available at a good price for her age. She is
very young for her age. They put her through a lot of tests to
determine which dog was right for us and she passed those tests
with flying colors.
Councilmember Serdy asked if she has a vest .
Officer Justin Griffith stated not yet. She is getting fitted
for one shortly. He thanked them for their support.
PUBLIC HEARINGS
ems
APPLICATION FOR AN INTERIM PERMIT,
NEW LICENSE, LIMITED LIABILITY
COMPANY, SERIES 10 LIQUOR LICENSE
FOR DATE TREE
City Clerk Kathleen
Connelly briefed the council on the item.
Mayor Insalaco asked if that
is the old Lucky Bob' s.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 6 OF 11
ON ON
City Clerk Kathleen Connelly
stated it is not, it is on Superstition Boulevard. She
continued with her briefing.
Mayor Insalaco asked if it is
by Ohio or Pinyon Street.
City Clerk Kathleen Connelly
stated she does not know what the closest street is.
Mayor Insalaco commented that
used to be the old Lucky Bob' s II store.
City Clerk Kathleen Connelly
stated it could have been. She continued with her briefing.
Mayor Insalaco requested the
applicant address the council. He asked him how he came up with
the name of Date Tree.
Mr. Tariq Husayno, 10731 E.
Sunnyside Drive, Scottsdale, addressed the council. He stated
he grows date trees in his backyard. He grows them from the
seed and it takes 5 years to get dates to eat . He likes to eat
dates.
Councilmember Rizzi commented
she read in the packet that there was a violation in 2009
involving sales to underage youths. She asked what measures he
has taken to insure that it does not happen again.
ON Mr. Tariq Husayno asked her
to tell him on what page of the application she found that.
Councilmember Waldron
commented that he wrote it.
Mr. Tariq Husayno stated that
was with the City of Tempe on Apache Terrace.
Vice Mayor Barker commented
the Sun Stop was one of them and the other was not specified.
There were two.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 7 OF 11
Mr. Tariq Husayno' s comment
was inaudible.
Councilmember Rizzi commented
her question was what measures he has taken to insure that it
does not happen again.
The comment from Mr. Tariq
Husayno was inaudible.
Councilmember Rizzi asked if
he had offered any extra training to the staff.
Mr. Tariq Husayno stated not
really as he helps them and trains them. He has taught them for
many years.
Councilmember Rizzi asked if
it is the policy for them to check the identification for all
the patrons.
Mr. Tariq Husayno stated that
is correct . They check everything.
Mayor Insalaco opened the
public hearing on the item. There being no one wishing to
speak, he closed the public hearing and reopened the item to
council discussion. There being no further discussion, he
called for a motion.
Councilmember Waldron MOVED
THAT THE APPLICATION FOR AN INTERIM PERMIT, NEW LICENSE, LIMITED e
LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR DATE TREE,
SUBMITTED BY TARIQ J. HUSAYNO, BE RECOMMENDED FOR APPROVAL TO
THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL.
Vice Mayor Barker SECONDED
THE MOTION.
VOTE: Unanimous.
The motion carried.
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 8 OF 11
1^1 /m‘
OLD BUSINESS
QUARTERLY UPDATE ON THE DOWNTOWN
REDEVELOPMENT AND IMPLEMENTATION
STRATEGY
Assistant City Manager
Bryant Powell briefed the council on the item. He commented
Phase II of the North Apache Trail improvement includes street
parking, the wide pedestrian sidewalk, landscaped areas and
street lights.
Mayor Insalaco asked if he
had heard any complaints about people backing out onto that
street.
Assistant City Manager Bryant
Powell stated they have not. They are hoping that the narrow
design will actually slow traffic and calm traffic in that area.
He continued with his briefing. He briefed the council about
the public art that is in place and how staff is working on a
grant for a second piece of public art.
NEW BUSINESS
None.
DIRECTION TO STAFF
None.
SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES
Vice Mayor Barker MOVED THAT
AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00
P.M. BE HELD ON MONDAY, JULY 1, 2013, IN THE CITY COUNCIL
CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND
THAT AN EXECUTIVE SESSION AT 5: 45 P.M. BE HELD ON TUESDAY, JULY
2, 2013, IN THE CITY COUNCIL CONFERENCE ROOM.
Councilmember Waldron
SECONDED THE MOTION
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 9 OF 11
VOTE: Unanimous.
The motion carried.
CALL TO THE PUBLIC:
Ms . Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the
council to thank people for buying tickets for the car raffle
benefitting the Boys and Girls Club.
ADJOURNMENT
Mayor Insalaco adjourned
the meeting at 7 : 58 p.m.
Consent Agenda Items are as follows :
1. Acceptance of Agenda.
2 . Approval of Minutes of Regular Meeting of June 4, 2013.
3. Consideration of Resolution No. 13-25, authorizing the mayor
to execute Amendment No. 1 to the Phoenix-Mesa Gateway
Airport Authority (PMGAA) Amended and Restated
Intergovernmental Agreement, the PMGAA Amended and Restated
Joint Powers Airport Authority Agreement and the PMGAA and
the City of Apache Junction Loan Agreement; and authorizing
city staff to implement all necessary actions to fulfill the
agreement obligations.
ACCEPTED THIS 2ND DAY OF JULY, 2013, BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA.
SIGNED AND ATTESTED TO THIS 2ND DAY OF JULY, 2013.
JOHN S. INSALACO
Mayor
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 10 OF 11
1^
ATTEST:
KATHLEEN CONNELLY
City Clerk
CITY COUNCIL MINUTES
CERTIFICATION
I hereby certify that the foregoing minutes are a true and
correct copy of the minutes of the regular meeting of the City
Council of the City of Apache Junction, Arizona, held on the
18th day of June, 2013. I further certify that the meeting was
duly called and held and that a quorum was present.
Dated this 25th day of June, 2013
KATHLEEN CONNELLY
City Clerk
elk
REGULAR MEETING OF THE CITY COUNCIL
JUNE 18, 2013
PAGE 11 OF 11
Ilikk
ROLL CALL VOTE
NOTES
1
6/, (2, (.i -4,:iii i-)13'
IIre, ' v 4,
1 .e
7
3
ITEM # MEETING OF /
MOTION BYjj ./V-H '
SECONDED BY
YES NO ABSTAINED
COUNCILMEMBER RIZZI +'
COUNCILMEMBER WILSON 4
VICE MAYOR BARKER J
COUNCILMEMBER SERDY J
COUNCILMEMBER EVANS I
COUNCILMEMBER WALDRON V
MAYOR INSALACO
7
UNANIMOUSV' IN FAVOR OPPOSED ABSTAINED
TOTAL
City of Apache Junction, Arizona 300E Superstition
%4 + Boulevard
a ° ' ' Apache Junction,AZ
85119
Master
File Number: 13-132
File ID. 13-132 Type. Recommendation Status. Consent Agenda
Version. 1 Reference. In Control. City Council
Meeting
Amok
Cost. $21,186 00 File Created. 06/18/2013
File Name. GPEC FY13/14 Contract Renewal Consent Agenda Final Action.
Title. Consideration of approval of the Greater Phoenix Economic Council (GPEC)
contract for economic development services in the amount of$21,186 00, and
reappointment of Councilmember Serdy to serve on the GPEC Board of
Directors Consideration and action.
Notes
Agenda Date. 07/02/2013
Indexes. Budgetary Item
Sponsors. Janine Solley Enactment Date.
Attachments. Apache Junction FY14 6 11 13, FY14 Exhibits Enactment Number
A_B_C_D_E City,Apache Junction Community
Benefits Report 2013- FOR EMAIL
Contact Hearing Date.
Drafter jsolley@ajcity net Effective Date.
History of Legislative File
Ver- Acting Body Date Action Sent To Due Date Return Result*
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-132
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
ECONOMIC DEVELOPMENT AGREEMENT BETWEEN
THE GREATER PHOENIX ECONOMIC COUNCIL
AND THE CITY OF APACHE JUNCTION
The City Council of the CITY OF APACHE JUNCTION, an Arizona municipal
corporation (the"City"), has approved participation in and support of the regional economic
development program of the GREATER PHOENIX ECONOMIC COUNCIL ("GPEC"), an
Arizona non-profit corporation. The purpose of this agreement("Agreement") is to set forth the
regional economic development program that GPEC agrees to undertake,the support that the �.
City agrees to provide, the respective roles of GPEC and the City and the payments of the City to
GPEC for the fiscal year July I, 2013 -June 30, 2014.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
CITY and GPEC agree as follows:
RESPONSIBILITIES OF GPEC
A. MISSION: GPEC works to attract quality businesses to the Greater Phoenix
Region from around the world, and advocate and champion foundational effects
to improve the region's competitiveness
B. GOALS' GPEC is guided by and strategically focused on two specific long-range
goals:
1 Marketing the region to generate qualified business/industry prospects in
targeted economic clusters
2. Leveraging public and private allies and resources to locate qualified
prospects, improve overall competitiveness, and sustain organizational
vitality
C. RETENTION AND EXPANSION POLICY:
I GPEC's primary role is image building, marketing and new business
attraction for the Greater Phoenix region.
2 Retention and expansion of existing businesses is primarily a local issue.
3. GPEC can add value to retention and expansion of existing businesses
through regional support and research on key retention and expansion
projects.
4 GPEC has a responsibility to advise the City when an existing company
contacts GPEC regarding a retention or expansion issue.
D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and
Retention and Expansion Policy set forth above and subject to the availability of
adequate funding, GPEC shall implement the Action Plan and Budget adopted by
1
GPEC's Board of Directors, a copy of which has been delivered to the City,
receipt of which is hereby acknowledged A summary of the Action Plan is
attached hereto as Exhibit A ("GPEC Action Plan"). The City shall be informed
of any changes in the adopted GPEC Action Plan which will materially affect or
alter the priorities established therein. Such notification will be in writing and
will be made prior to implementation of such changes Notwithstanding the
foregoing, the City acknowledges and agrees that GPEC may, in its reasonable
judgment in accordance with its own practices and procedures, substitute, change,
reschedule, cancel or defer certain events or activities described in the GPEC
*�► Action Plan as required by a result of changing market conditions, funding
availability, unforeseen expenses or other circumstances beyond OPEC's
reasonable control GPEC shall solicit the input of the City on the formulation of
future marketing strategies and advertisements. The GPEC Action Plan will be
revised to reflect any agreed upon changes to the OPEC Action Plan
E. PERFORMANCE TARGETS: Specific performance targets, established by OPEC's
Executive Committee and Board of Directors, are attached hereto as Exhibit B
("GPEC Performance Measures") and shall be used to evaluate and report
progress on OPEC's implementation of the GPEC Action Plan. In the event of
changing market conditions, funding availability, unforeseen expenses or other
circumstances beyond OPEC's reasonable control,these performance targets may
be revised with the City's prior written approval,or with the prior written
approval of a majority of the designated members of OPEC's Economic
Development Directors Team ("EDDT") OPEC will provide monthly reports to
the City discussing in detail its progress in implementing the GPEC Action Plan
as well as reporting the numerical results for each performance measurement set
forth in Exhibit B. GPEC shall provide a copy of its annual external audit for the
preceding fiscal year to the City no later than December 31, 2013
In the case of any benchmark which is not met, GPEC will meet with the
EDDT to provide an explanation of the relevant factors and circumstances and
discuss the approach to be taken in order to achieve the target(s) Failure to meet
a performance target will not, by Itself,constitute an event of default hereunder
unless GPEC (i) fails to inform the City of such events, or(II) fails to meet with
EDDT to present a plan for improving its performance during the balance of the
term of the Agreement.
II. RESPONSIBILITIES OF THE CITY
A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to
OPEC's economic development efforts as follows.
1. The City shall respond to leads or prospects referred by OPEC in a
professional manner within the time frame specified by the lead or
prospect if the City desires to compete and if the lead is appropriate for the
City When available, the City agrees to provide its response in the format
developed jointly by EDDT and OPEC.
2
2 The City shall provide appropriate local hospitality,tours and briefings for
prospects visiting sites in the City.
3 The City shall provide an official economic development representative to
represent the City on the EDDT,which advises GPEC's President and
CEO
4 The City shall cooperate in the implementation of GPEC/EDDT process
improvement recommendations including the use of common presentation
formats, exchange of information on prospects with GPEC's staff, the use
of shared data systems, land and building data bases and private sector real
estate industry interfaces.
5 The City shall use its best efforts to respond to special requests by OPEC
for particularized information about the City within three business days
after the receipt of such request.
6. In order to enable GPEC to be more sensitive to the City's requirements,
the City shall, at its sole option, deliver to GPEC copies of any City
approved economic development strategies, work plan, programs and
evaluation criteria GPEC shall not disclose the same to the other
participants in GPEC or their representatives.
7 The City shall utilize its best good faith efforts to cause an economic
development professional representing the City to attend all marketing
events and other functions to which the City has committed itself
8. The City agrees to work with OPEC to improve the City's competitiveness
and market readiness to support the growth and expansion of the targeted
industries as identified for the City in Exhibit C ("Targeted Industries").
B. RECOGNITION OF GPEC: The City agrees to recognize GPEC as the City's
officially designated regional economic development organization for marketing •�•
the Greater Phoenix region.
III. ADDITIONAL AGREEMENTS OF THE PARTIES:
A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL
ASSISTANCE: Representative(s)of the City shall be entitled to participate in
GPEC's marketing events provided that such participation shall not be at GPEC's
expense. When requested and appropriate, GPEC will use its best efforts to
provide technical assistance and support to City economic development staff for
business location prospects identified and qualified by the City and assist the City
with presentations to the prospect in the City or their corporate location.
3
B. COMPENSATION
1. The City agrees to pay $21,186.00 for services to be provided by GPEC
pursuant to the Agreement during the fiscal year ending on June 30, 2014,
as set forth in this Agreement. This amount is based on approximately
$0 5752 per capita applied to that portion of the City's population outside
of Maricopa County plus approximately $0 3897 per capita applied to that
portion of the City's population within Maricopa County, based upon the
2012 Office of Employment and Population Statistics, Arizona
Department of Administration population estimate, which listed the City
as having a population of 36,632 in Pinal County and 296 in Maricopa
County. The payment by the City may, upon the mutual and discretionary
approval of the board of directors of GPEC and the City Council, be
increased or decreased from time to time during the term hereof in
accordance with the increases or decreases of general application in the
per capita payments to GPEC by other municipalities which support
OPEC
2. Funding of this Agreement shall be subject to the annual appropriations of
funds for this activity by the City Council pursuant to the required budget
process of the City
3 Nothing herein shall preclude the City from contracting separately with
GPEC for services to be provided in addition to those to be provided
hereunder, upon terms and conditions to be negotiated by the City and
GPEC.
4. GPEC shall submit invoices for payment on an annual basis. The
foregoing notwithstanding, if GPEC has not provided the City with the
audit required pursuant to paragraph I(E) above no later than December
31, 2013, no payments shall be made hereunder until the City receives the
audit report. Invoices and monthly activity reports, substantially in the
.•. form of Exhibit D ("Reporting Mechanism for Contract Fulfillment")
attached hereto, are to be submitted to the address listed under paragraph
IV(P)
C. COOPERATION:
. The Parties acknowledge this Agreement creates a cooperative
organization effort between GPEC and the City. Accordingly, the City
and GPEC covenant and agree to work together in a productive and
harmonious working relationship, to cooperate in furthering GPEC's goals
for the 2013-2014 fiscal year
2 The City agrees to work with GPEC, as necessary or appropriate, to revise
the performance measures, and/or benchmarks, and/or goals for the FY
2014-2015 contract
4
3 The City agrees to work with OPEC during the FY2013-2014 program
year to develop a revised public sector funding plan, including a regional
allocation formula for FY2014-2015, if determined to be necessary or
appropriate.
IV. GENERAL PROVISIONS.
A. COVENANT AGAINST CONTINGENT FEES: GPEC warrants that no person or
selling agent has been employed or retained to solicit or secure this contract upon
an agreement or understanding for a commission,percentage, brokerage, or
contingent fee. For a breach or violation of this warranty, the City shall have the
right to terminate this Agreement without liability or, in its discretion, to deduct
the commission, brokerage or contingent fee from its payment to OPEC.
B. PAYMENT DEDUCTION OFFSET PROVISION: OPEC acknowledges that no
payment shall be made to any contractor as long as there is any outstanding
obligation due to the City, and any such obligation shall be offset against payment
due to OPEC.
C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or
obligation pursuant to this Agreement. Any attempted or purported assignment of
any right or obligation pursuant to this Agreement shall be void and have no
effect.
D. INDEPENDENT CONTRACTOR;No AGENCY: Nothing contained in this Agreement
creates any partnership,joint venture or agency relationship between the City and
OPEC. At all times during the term of this Agreement, OPEC shall be an
independent contractor and shall not be an employee of City. City shall have the
right to control GPEC only insofar as to the results of GPEC's services rendered
pursuant to this Agreement OPEC shall have no authority, express or implied, to
act on behalf of City in any capacity whatsoever as an agent GPEC shall have no
authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever. ,....
E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract,
GPEC shall indemnify, defend, hold, protect and save harmless the City and any
and all of its Council members, officers and employees from and against any and
all actions, suits, proceedings, claims and demands, loss, liens, costs, expense and
liability of any kind and nature whatsoever, for injury to or death of persons, or
damage to property, including property owned by City brought, made, filed
against, imposed upon or sustained by the City, its officers, or employees in and
arising from or attributable to or caused directly or indirectly by the negligence,
wrongful acts, omissions or from operations conducted by OPEC, its directors,
officers, agents or employees acting on behalf of GPEC and with OPEC's
knowledge and consent
Any party entitled to indemnity shall notify OPEC in writing of the
existence of any claim, demand or other matter to which OPEC's indemnification
obligations would apply, and shall give to GPEC a reasonable opportunity to
5
defend the same at its own expense and with counsel reasonably satisfactory to
the indemnified party
Nothing in this Subsection E shall be deemed to provide indemnification
to any indemnified party with respect to any liabilities arising from the fraud,
negligence, omissions or willful misconduct of such indemnified party
F. INSURANCE: GPEC shall procure and maintain for the duration of this
Agreement, at GPEC's own cost and expense, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with
this Agreement by GPEC, its agents, representatives, employees or contractors, in
accordance with the Insurance Requirements set forth in Exhibit E ("Insurance
Requirements"), attached hereto. The City acknowledges that it has received and
reviewed evidence of GPEC's insurance coverage in effect as of the execution of
this Agreement.
G. GRATUITIES The City may, by written notice to GPEC, terminate the right of
GPEC to proceed under this Agreement upon one (1)calendar day notice, if it is
found that gratuities in the form of entertainment, gifts, or otherwise were offered
or given by GPEC, or any agent or representative of GPEC, to any officer or
employee of the City with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending, or the making of any
determinations with respect to the performance of such contract,provided that the
existence of the facts upon which the City makes such findings shall be an issue
and may be reviewed in any competent court. In the event of such termination,
the City shall be entitled to pursue all legal and equitable remedies against GPEC
available to the City.
H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this
Agreement, GPEC agrees as follows:
GPEC will not discriminate against any employee or applicant for
employment because of race, color, religion, gender, sexual orientation,
national origin, age or disability GPEC shall take affirmative action to
ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, gender, sexual
orientation, national origin, age or disability. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or
transfer, recruitment or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation, and selection for training,
including apprenticeship GPEC agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting
forth the provisions of this nondiscrimination clause.
2. GPEC will, in all solicitations or advertisements for employees place by or
on behalf of GPEC, state that all qualified applicants will receive
consideration for employment without regard to race,color, religion,
gender, sexual orientation, national origin,age or disability
6
•
.. ..►
3 OPEC will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement, provided that the
foregoing provisions shall not apply to Agreements or subcontracts for
standard commercial supplies or new materials.
4. Upon request by the City, GPEC shall provide City with information and
data concerning action taken and results obtained in regard to GPEC's
Equal Employment Opportunity efforts performed during the term of this
Agreement. Such reports shall be accomplished upon forms furnished by
the City or in such other format as the City shall prescribe.
COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED
GPEC understands and acknowledges the applicability of the American with
Disabilities Act,the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 and agrees to comply therewith in performing under
any resultant agreement and to permit City inspection of its records to verify such
cornpiiance.
1 GPEC warrants to the City that, to the extent applicable under A R S §41-
4401,GPEC is in compliance with all Federal Immigration laws and
regulations that relate to its employees and with the E-Verify Program
under A.R.S. §23-214(A). GPEC acknowledges that a breach of this
warranty by GPEC or any subconsultants providing services under this
Agreement is a material breach of this Agreement subject to penalties up
to and including termination of this Agreement or any applicable
subcontract. The City retains the legal right to inspect the papers of any
employee of GPEC or any subconsultant who works on this Agreement to
ensure compliance with this warranty
2 The City may conduct random verification of the employment records of
GPEC and any of its subconsultants who work on this Agreement to
ensure compliance with this warranty.
3. The City will not consider OPEC or any of its subconsultants who work
on this Agreement in material breach of the foregoing warranty if GPEC
and such subconsultants establish that they have complied with the
employment verification provisions prescribed by 8 USCA § 1324(a)and
(b)of the Federal Immigration and Nationality Act and the e-verify
requirements prescribed by Arizona Revised Statutes § 23-214(A).
4 The provisions of this Section 1 must be included in any contract OPEC
enters into with any and all of its subconsultants who provide services
under this Agreement or any subcontract to provide services under this
Agreement. As used in this Section I "services" are defined as furnishing
labor, time or effort in the State of Arizona by a contractor or
subcontractor. Services include construction or maintenance of any
structure, building or transportation facility or improvement to real
property
7
5 Pursuant to A R S. §§35-391.06 and 35-393-06, GPEC hereby certifies to
the City that GPEC does not have "scrutinized" business operations, as
defined in A R S §§35-391 and 35-393, in either Sudan or Iran.
J TERMINATION. City shall have the right to terminate this Agreement if GPEC
shall fail to duly perform, observe or comply with any covenant, condition or
agreement on its part under this Agreement and such failure continues for a period
of 30 calendar days (or such shorter period as may be expressly provided herein)
after the date on which written notice requiring the failure to be remedied shall
have been given to OPEC by the City; provided, however, that if such
performance, observation or compliance requires work to be done, action to be
taken or conditions to be remedied which, by their nature, cannot reasonably be
accomplished within 30 calendar days, no event of default shall be deemed to
have occurred or to exist if,and so long as, GPEC shall commence such action
within that period and diligently and continuously prosecute the same to
completion within 90 calendar days or such longer period as the City may
approve in writing The foregoing notwithstanding, in the event of circumstances
which render GPEC incapable of providing the services required to he performed
hereunder, including, but not limited to, insolvency or an award of monetary
damages against GPEC in excess of its available insurance coverage and assets,
the City may immediately and without further notice terminate this Agreement.
K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's
performance hereunder shall be in material compliance with all applicable federal,
state and local health,environmental, and safety laws, regulations, standards, and
ordinances in effect during the performance of this Agreement.
L. INSTITUTION OF LEGAL ACTIONS Any legal actions instituted pursuant to this
Agreement must be filed in the county of Pmal, State of Arizona, or in the Federal
District Court in the District of Arizona In any legal action,the prevailing party
in such action will be entitled to reimbursement by the other party for all costs
and expenses of such action, including reasonable attorneys' fees as may be fixed
by the Court
M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be
awarded hereunder or out of the proposals herein called for, which cannot be
administratively resolved, shall be tried according to the laws of the State of
Arizona, and GPEC shall agree that the venue for any such action shall be in the
State of Arizona, Pinal County.
N. CONTINUATION DURING DISPUTES. GPEC agrees that, notwithstanding the
existence of any dispute between the parties, each party shall continue to perform
the obligations required of it during the continuation of any such dispute, unless
enjoined or prohibited by an Arizona court of competent jurisdiction.
O. CITY REVIEW OF GPEC RECORDS. GPEC must keep all Agreement records
separate and make them available for audit by City personnel upon request.
8
P. NOTICES. Any notice, consent or other communication required or permitted
under this Agreement shall be in writing and shall be deemed received at the time
it is personally delivered, on the day it is sent by facsimile transmission, on the
second day after its deposit with any commercial air courier or express service or,
if mailed, three(3) business days after the notice is deposited in the United States
mail addressed as follows
If to City: George Hoffman
City Manager
City of Apache Junction
300 East Superstition Boulevard
Apache Junction,AZ 85219
Phone: (480) 474-5066
Fax' (480) 474-5110
If to GPEC. Barry Broome
President and Chief Executive Officer
Greater Phoenix Economic Council
Two North Central Avenue, Suite 2500
Phoenix, Arizona 85004-4469
Phone. (602) 256-7700
FAX. (602) 256-7744
Any time period stated in a notice shall be computed from the time the
notice is deemed received Either party may change its mailing address or the
person to receive notice by notifying the other party as provided in this paragraph.
Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph IV(J), all
parties hereto acknowledge that this Agreement is subject to cancellation by the
City pursuant to the provisions of Section 38-511, Arizona Revised Statutes
R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or
employee of the City will be personally liable to GPEC, or any successor in
interest, in the event of any default or breach by the City or for any amount which
may become due to GPEC or successor, or on any obligation under the terms of
this Agreement No member, official or employee of OPEC will be personally
liable to the City, or any successor in interest, in the event of any default or breach
by the GPEC or for any amount which may become due to the City or successor,
or on any obligation under the terms of this Agreement.
S. SEVERABILITY. City and Consultant each believe that the execution, delivery and
performance of this Agreement are in compliance with all applicable laws
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in violation
of any applicable laws, including any constitutional provision, law, regulation, or
City Code), such provision shall be deemed severed from this Agreement and this
Agreement shall otherwise remain in full force and effect; provided that this
Agreement shall retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed agreement(and any related
9
AO.be Allabk
.
agreements effective as of the same date)provide essentially the same rights and
benefits (economic and otherwise) to the Parties as if such severance and
reformation were not required Unless prohibited by applicable laws, the Parties
further shall perform all acts and execute, acknowledge and/or deliver all
amendments, instruments and consents necessary to accomplish and to give effect
to the purposes of this Agreement, as reformed
T. CAPTIONS. The captions contained in this Agreement are merely a reference and
are not to be used to construe or limit the text.
U. No THIRD PARTY BENEFICIARIES. No creditor of either party or other individual
or entity shall have any rights, whether as a third-party beneficiary or otherwise,
by reason of any provision of this Agreement
V. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be
executed in up to three (3) duplicate originals, each of which is deemed to be an
original This Agreement, including eleven (1 1)pages of text and the below-
listed exhibits which are incorporated herein by this reference, constitutes the
entire understanding and agreement of the parties
Exhibit A - GPEC Action Plan
Exhibit B - OPEC Performance Measures
Exhibit C - Targeted Industries
Exhibit D - Reporting Mechanism for Contract Fulfillment
Exhibit E- Insurance Requirements
This Agreement integrates all of the terms and conditions mentioned
herein or incidental hereto, and supersedes all negotiations or previous
agreements between the parties with respect to all or any part of the subject matter
hereof
Except as otherwise expressly provided in this Agreement, any failure or
•�► delay by any party in asserting any of its rights or remedies as to any default, will
not operate as a waiver of any default, or of any such rights or remedies, or
deprive any such party of its right to institute and maintain any actions or
proceedings which it may deem necessary to protect, assert or enforce any such
rights or remedies
All waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of the City or OPEC, and all amendments
hereto must be in writing and signed by the appropriate authorities of the parties
hereto
10
IN WITNESS WHEREOF, the parties hereto have executed the Agreement this
day of , 2013.
City of Apache Junction, an Arizona municipal
corporation
By:
John S. Insalaco, Mayor
ATTEST:
By:
Kathy Connelly, City Clerk
APPROVED AS TO FORM:
By: G- l a-43
Richard J. Stern, City Attorney
GREATER PHOENIX ECONOMIC COUNCIL,
an Ariz i a nonprofit oration
By.
Barry Broome, Pr sident& Chief Executive Officer
1I
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FY2014 ACTION PLAN -
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Renewable Biomedical/ Advanced Manufacturing Mission Aerospace Emerging
Energy Personalized Business &Logistics Critical &Aviation Tech
Medicine Services
MEMBER COMMUNITIES MARICOPA COUNTY CHANDLER GOODYEAR QUEEN CREEK WICKENBURG
APACHE JUNCTION FOUNTAIN HILLS MARICOPA SCOTTSDALE YOUNGTOWN
AVONDALE GILA BEND MESA SURPRISE
BUCKEYE GILBERT PHOENIX TEMPE
CASA GRANDE GLENDALE PEORIA TOLLESON
GPEC MISSION
Attract quality businesses to the Greater Phoenix region from around the
world, and advocate and champion foundational efforts to improve the
region's competitiveness.
2
WHAT TO EXPECT IN THE FOLLOWING PAGES
4 GPEC Stakeholders FY13 MILESTONES
6 FY14 Metrics Momentum gained in the last year—select
7 FY14 Budget achievements and key benchmarks
8 Business Development FY14 ACTION ITEMS
10 Competitveness Sample of activities that adhere to a five-year
12 Marketing and Communications
vision and result in progress
13 Stakeholder Engagement Paving the Way DRIVES THESE FY14 METRICS
Shows relationship between action items and
annual performance goals
EXECUTIVE SUMMARY AND
FIVE-YEAR STRATEGIC PLAN OVERVIEW
CENTER OF GRAVITY
One of GPEC's most unique and differentiating traits is our ability to convene public and private-sector
leaders around the same table to develop and implement strategies that will transform Greater Phoenix's
economic landscape At GPEC, aspirations of greatness are shared, common ground is found and
collectively stood upon, and risks are taken together In the natural ebb and flow of business and economic
cycles, GPEC remains a constant force, striving to outperform other markets for investment, serving our
communities through job creation and championing a marked change in the state and region's competitive
position Your leadership, support and participation have made GPEC a center of gravity
As GPEC approaches our 25th year as the region's economic development authority, we
are resolute in our endeavors to maintaining and celebrating a model that has proven its
effectiveness time and again.
VISION AND PROGRESS
As approved by GPEC's Board of Directors in FY11, these strategic pillars will guide the organization's fiscal
year activities, and by 2016, lead to the following vision statements 3
Strategic Pillar By 2016
Market Intelligence GPEC's market intelligence model will be best-in-class
Next Generation GPEC will elevate Greater Phoenix as a leading center of
emerging technologies
oak
Attraction GPEC will maintain its reputation as a credible, respectable and
"go to" organization
International GPEC's foreign direct investment approach will be a national
best practice
Regional Brand GPEC will successfully define Greater Phoenix as a region that
is forward-thinking, innovative and business-friendly
GPEC Brand GPEC will be the nation's premier agency and leader in the
economic development realm. In Arizona, GPEC will be the
principal leadership organization
Capital Markets/ GPEC will develop a science and technology-based fund that will
Venture Formation drive regional innovation activity
GPEC STAKEHOLDERS*
MEMB.ER..C.QMM.UN.ITIES . .
Mancopa County Fountain Hills Mesa Tempe
Apache Junction Gila Bend Phoenix Tolleson
Avondale Gilbert Peoria Wickenburg
Buckeye Glendale Queen Creek Youngtown
Casa Grande Goodyear Scottsdale
Chandler Mancopa Surprise
PLATINUM .
Alliance Bank of Arizona Dignity Health Mayo Clinic Venzon Wireless
APS DMB Associates Mentage Homes Walmart
Arizona Cardinals Ernst&Young MidFirst Bank Waste Management
Arizona Diamondbacks Freeport McMoRan PetSmart Wells Fargo
Arizona Republic/ Copper&Gold Inc Phoenix Suns
Gannett Foundation Henry&Horne Polsinelli PC
4 Arizona State University Hines Power One
Bank of America Intel Corporation Republic Services
Banner Health Job Brokers Inc. SCF Arizona
BBVA Compass Kitchell Squire Sanders
Chase Maracay Homes SRP
Cox Communications Mancopa Community University of Phoenix
D L Withers Construction Colleges US Airways
GOLQ. .
AlA Vista Tech Celgene Corporation Howard S Wright Sun Health ...►,
AAA Arizona Central AZ Commerce Park, JE Dunn Construction Sundt Construction
Abengoa/Abacus LLC Jones Lang LaSalle Thunderbird School
Aetna CenturyLink Keyser of Global
Arizona Business Bank Coe&Van Loo Layton Construction Management
Avnet Consultants, Inc Lee and Associates Total Transit
BDO Colliers International Lewis& Roca LLP University of Arizona
BMO Harris Bank Cushman&Wakefield Macerich Ware Malcomb
BlueCross BlueShield of Deloitte The McShane Companies Weitz Company
Arizona Deutsch Architecture Group Mortenson Construction Wespac Construction,Inc
Cancer Treatment Centers Digital Realty Trust National Bank of Arizona Wood.Patel&
of America El Dorado Holdings Nationwide Realty Investors Associates,Inc.
Cassidy Turley/BRE Com- Empire Southwest Okland Construction
mercial Gammage&Burnham Phoenix Children's Hospital
Carlyle Development- Gdbane Building Co Renaissance Companies
MetroCenter Green Loop Solutions SmithGroup
CBIZ MHM Greenberg Traurig Snell&Wilmer LLP
CBRE Hensel Phelps Southwest Airlines
CCS Presentation Systems Hensley Stinson, Morrison, Hecker
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SILVER
A T Still University Dibble Engineering Kutak Rock Interiors
Air Products and DIRTT Land Advisors Organization Tratt Properties
Chemicals, Inc Ellman Companies Merit Partners Ultimate Staffing Services
All About People Ensemble DevMan MSS Technologies Univita
Arizona Office Technologies of Arizona Mutual of Omaha USAA
Bank of Arizona Fennemore Craig On Q Financial Volo Holdings,LLC 5
Big D Construction Fervor Creative Osborn Maledon WealthTrust Arizona
Bristol Global Mobility Golder Associates The Plaza Companies Willmeng Construction, Inc
Bryan Cave Goodmans Interior Quarles&Brady Wist Office Products
Capital Commercial Structures Queen Creek/
Investment, Inc GPE Commercial Advisors Landmark Companies
Capital Group Companies Grant Thornton Rose Law Group
Clark Hill PLC Green Card Fund Southwest Gas Corporation
Comerica Bank Kelly Services Sun State Builders
CoStar Group KTAR Target Commercial
Ask
BRONZE._
The Alter Group Guided Therapy Systems Newmark Grubb
American Solar Electric Haworth Night Frank
Applied Economics John C Lincoln Health Plant Solutions
Carefree Partners Network SkySong,Scottsdale
CORE Construction McCarthy Building Innovation Center
Dircks Moving&Logistics Companies Sunstate Equipment
Gallagher&Kennedy Midwestern University Company
As of April 30,2013
FY14 METRICS
THRESHOLD TARGET STRETCH
Payroll Generated $194,283,011 $213,711,312 $235,082,443
Number of Jobs 4,597 5,057 5,562
High-wage Jobs 2,407 2,647 2,912
Average High-wage Salary $50,792 $56,435 $62,079
Qualified Prospects 206 227 250
s
Qualified International Prospects 37 40 44
Emerging Tech Assists 8 10 12
Reach of Editorial Placements 222M 247M 271M
/"'\
FY14 BUDGET
JULY 1, 2012 - JUNE 30, 2013
Revenues FY12-13 Forecast %of Total FY 2014 Budget %of Total FY 2013 Budget $Change Change
Public Funds $ 2,101,000 42 8% $ 2,095,000 42 1% $ 2,101,000 $ (6,000) (.3%)
Private Funds 2,300,000 46 9% 2,300,000 46.2% 2,300,000 -
New Pledge Revenue 250,000 51% 250 000 5 0% 250,000 -
In-Kind Pledges 92,000 19% 92,000 18% 92,000 -
Special Events,Prog &Spon 152,000 31% 240,000 4 8% 140,000 100,000 71 4%
Other 12,000 0 2% 5,000 01% 5,000 -
Total Revenues $ 4,907,000 100% $ 4,982,000 100% $ 4,888,000 $ 94,000 1.9%
Operating Expenditures
7
Business Attraction 357,000 7 3% 363,000 73% 357,000 6,000 17%
Marketing 240,000 4 9% 272,000 5 5% 240,000 32,000 13 3%
Research&Strategy 126,000 2 6% 150,000 3 0% 126,000 24,000 19%
External Relations 233,000 4 7% 230 000 4 6% 233,000 (3,000) (13%)
Resource Management 233,000 4 7% 230,000 4 6% 233,000 (3,000) (13%)
Personnel 3,318,000 676% 3 432 000 68 9% 3,318,000 114,000 3.4%
Facilities 448,000 91% 408,000 8 2% 417,000 (9 000) 2.2%
Total Expenses 4,955,000 101% $ 5,085,000 102 1% $ 4,924,000 $ 161,000 3.3%
Net Loss (48,000) (103,000) (36,000) (67,000) 186 1%
^ Less Capital Expenditures (40,000) (0 8%) (10,000) (0.2%) (40,000) 30,000) (75.0%)
Amortization of Deferred Rent (40,000) (0 8%) (43,000) (0 9%) (40,000) (3,000) 7 5%
Add Depreciation 25,000 25,000 0 5% 40,000 (15,000) (31 5%)
Net Cash Flows (103,000) 0 5% (131,000) (76,000) (55,000)
Beginning Cash 1,802,000 1,726,000 1,802,000 (76,000)
Ending Cash $ 1,699,000 $ 1,595,000 $ 1,726,000 $ (131,000) (7 6%)
(1)Some reclassifications have been made in the current year
FY13 BUSINESS DEVELOPMENT
MILESTONES
California Dreamin' Create and maintain high-quality jobs and investment
Capitalized on CA's increase on through targeted, direct selling
personal income taxes by targeting
CEOs with a CA 50 campaign. The Proactively pursue the best projects that meet community
result?A tremendous immediate and regional objectives
response—more than 60 calls within
the first week—so the campaign was
extended to 100 CEOs of qualified
companies. GPEC is currently working
with approximately 35 CA CEOs who FY14 ACTION ITEMS
are at the helm of companies ranging
in size from 300 to 10,000 employees Scale California Initiative
and represent industries like financial
Substantial interest in GPEC's California 100 campaign has
services, manufacturing, life sciences translated to more than two dozen companies evaluating Greater
8 and technology. Phoenix As GPEC looks to convert these prospects to locates,
we will deploy more resources to California markets and articulate
Mining Emerging Tech Arizona's business case to executives seeking to leave or expand
Opportunities out of the state
Still in its infancy stage, GPEC is
further developing a system to Mine Opportunities in Chicago
uncover and pursue emerging tech GPEC will expand current efforts in Chicago, increasing our
firms that have a viable funding presence and outreach to the market that many Arizonans
source. Early identification of these formerly called home We will study market similarities
enterprises during the capital infusion and juxtapose those areas in which Greater Phoenix has a
process, will afford GPEC the chance solid advantage GPEC will also recalibrate our messaging,
to grow technologies within the historically designed for site-selectors, and cast a more refined
region's innovation ecosystem. communications net targeted at executives
Strong Deal Flow Size Up the Competition
Through April, GPEC has delivered on GPEC will broaden its normal business development travel to
several business development metrics include trips that delve into better understanding industries in the
including number of jobs, high- competitor markets of Austin, Salt Lake City, Las Vegas, Dallas
wage jobs and average high wage and Denver Austin, for example, has a storied past in technology
salary. Year-end projections suggest yet continues to surface in rankings and maintain its reputation
GPEC will finish strong—among as an innovative city Visits with market experts and research due
one of the organization's top five job diligence will help GPEC identify how Greater Phoenix stacks up
performances in the last decade.
. 4. DRIVES THESE
bn FY14 METRICS
§
•
A..
• Pipeline of qualified prospects
• Total number of jobs created
tr
• Number of high-wage jobs
created
•
• Average high-wage salary
W ,,,�.- ..w+'=
• Payroll generated
• Stakeholder satisfaction with
business attraction
Enhance Approach in China and Launch New
International Markets 9
First introduced as the China Z Corridor Strategy, the China-
Arizona Alliance has resulted in effective connections to
companies and multipliers in Shanghai and its surrounding
cities, which boasts the largest concentration of industries in
China. The Alliance comprises Arizona Commerce Authority,
Arizona State University, Tucson Regional Economic
Opportunities and GreenCardFund GPEC will continue to
develop these relationships through a series of investment
forums on doing business in Greater Phoenix, not only
PINinChina but also in other foreign markets within Western
Europe and Western and Eastern Canada
FY13 COMPETITIVENESS
MILESTONES
The State of an Industry Guide new, strategic business opportunities through
Released findings from a pre- geographic and industry trend analyses
sequestration study that analyzed 114
of the region's most at-risk aerospace Evaluate targeted, sound economic development programs
and defense companies. GPEC's that enhance regional and state competitiveness
market intelligence program on this
effort received widespread praise
among federal officials in Washington,
D.C. and could serve as a future
national model. FY14 ACTION ITEMS
Unprecedented D.C. Mission Advance the Market Intelligence Program
Record participation from more
than 60 civic and business leaders, Following the rollout of our findings from the aerospace and
10 noteworthy attendance from Arizona's defense analysis and pre-sequestration report, GPEC will continue
congressional delegation and a monitoring this industry to assess the impact from sequestration
first ever national panel discussion GPEC will also expand the market intelligence program to
researching information communications technology (ICT) An
on immigration uniquely defined in-depth look at the region's ICT assets and overall evaluation
the 2013 Executive Mission to of industry trends will equip our communities with intelligence
Washington, D.C. GPEC organized 44 beneficial to their respective retention efforts
key meetings over the course of three
days. Implement a Regional Science and Technology Initiative
Building on the work from FY13, GPEC will coalesce business and
Having the Innovation community leaders to execute an economic growth plan designed
Conversation
to transform Greater Phoenix into a knowledge-driven economy
Outcomes from the work of GPEC's The purpose of the initiative is to lead the nation and the world
Innovation Council included the in new technologies and innovation, and ultimately increase
launch of industry roundtables, the region's prospects for greater prosperity and economic
which focused on education IT and sustainability
healthcare IT, bringing increased
attention to emerging technology Champion Shifts in Arizona's Competitiveness
clusters in the region. GPEC will continue the quest for number one in the Mountain
West, and seek the passage of a property tax reclassification tool
at the Arizona legislature Designed to attract export industries,
which drive economic growth, this performance-based program
will improve GPEC's ability to compete for investments and quality
job creation.
DRIVES THESE
FY14 METRICS
• Pipeline of qualified prospects
." ' •Average high-wage salary
• Emerging technology assists
•Competitive position progress
Uphold a Compelling Research Model
Over the last several years, GPEC has earned a reputation
for our ability to deliver valuable research and analyses
to prospective companies, policymakers and business
leaders GPEC will apply our competency in evaluating and
translating sophisticated research to increasingly important
subjects like education, workforce and emerging industries
FY13 MARKETING & COMMUNICATIONS
MILESTONES
Incredible PR Market and promote region's strengths and assets in
Capitalized on key national and new markets using non-traditional tools
international themes, which led to an
extraordinary 674-plus million media Continue to position GPEC as a reliable resource for
impressions. PR efforts surrounding stakeholders, policy-makers, citizens and media on key
the International Trade Commission economic development issues
hearing on solar tariffs in China,
GPEC's CA 100 campaign in response
to Prop 30, and the Arizona Talks
Immigration panel in Washington, D.C.
resulted in solid media placement for FY14 ACTION ITEMS
GPEC.
Build Upon Success in California
An International First An aggressive marketing campaign to lure executives from the
12 Created a first-ever international Golden state resulted in a highly successful series of media
guide to doing business for foreign stories about the region and an abundance of new California
companies seeking to invest in the prospects GPEC will follow this move with new tactics that
U.S. This comprehensive toolkit, include leveraging the support of partners to position the
compiled by some of the region's top region's brand through digital, print and display mediums across
experts, is available in print and online California, as well as a continued media strategy to leverage
in English, Chinese and Spanish at ongoing opportunities
www.gpec.org/toolkit.
Bridge the Region to International Markets
Striking Gold in the More so than in years past, GPEC will focus on implementing
Golden State an international marketing campaign that includes increasing ^�
Immediately followed passage of CA's awareness for Greater Phoenix and our market offerings We'll
Prop 30, which significantly increased also strengthen ties with Washington, D C-based agencies that
personal tax rates on incomes over serve as points of entry for foreign companies, thereby gaining
$250,000, with a CA 50 campaign
more immediate visibility among firms seeking to invest in the U.S
targeted at CEOs. GPEC deployed Go Bigger in Chicago
PR, print advertising, email marketing
and social media to promote the GPEC will complement business development activity in
campaign, offering 50 qualified CA Chicago with a more direct campaign targeting executives in
execs a first-rate market overview to the Windy City. Through electronic marketing and a potential,
strategic media buy, GPEC will hone in on differentiating market
evaluate the region for relocation and characteristics and promote the benefits of doing business in
expansion opportunities. After non- Greater Phoenix
stop calls within the first week, the
campaign was extended to the first
100 qualified CEOs showing interest.
DRIVES THESE
FY14 METRICS
. . ---
r 141 « We.
$ x K"x ..
I .� Pipeline of qualified prospects
. Pipeline of international prospects
4 1 i V
• Total reach of editorial
~ a � placements
! rr/
Maintain a High Profile
Media placement for the region and GPEC has been off 13
the charts thanks to more calculated, relevant positions
on foreign direct investment (ie, trade and investment with
China)and taxes (se, California's Proposition 30) GPEC
will continue to pursue national and international media by
developing progressive, fact-based storylines that serve to
improve the state and region's brand in outside markets
Recapture the Conversation
GPEC will explore the revival of our "Convening the
OIS Community" series in support of our efforts to implement
a regional science and technology initiative In 2009,these
town-hall type forums drew 800-plus attendees and 12,000
television viewers to an important dialogue on the region and
state's competitiveness
STAKEHOLDER ENGAGEMENT
The active involvement by GPEC stakeholders carves a path for our region to become world-class
and extraordinary Stakeholder support enables GPEC to pursue economic opportunities while
allowing investors to participate in key economic development activities
G.QV.E.R..N.AN CE_...
Board of Directors
Provides effective oversight of the organization and helps shape GPEC's influence as a regional thought leader
Executive Committee
Acts on behalf of the Board of Directors,advising on strategic direction and overall performance of annual goals
Board-Level Committees
n Performance Committee
Evaluates the performance of the organization and the President & CEO
14 Nominating Committee
Serves to nominate the At-Large Directors and Board officers
o Audit Committee
Assesses internal controls and oversees auditors and the annual audit
• Finance Committee
Sets financial objectives for the organization and recommends the annual budgets as part of the
Action Plan.
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LEADERSHIP COUN.CLL.S_A.N.D AM_BA.S.SAD.ORS
ADVISORY GROUPS
The collective professional expertise of GPEC's councils At the foundation of GPEC's
and advisory groups helps shape the organization's key engagement activity are
initiatives, leverages connections to further business Ambassadors, whose broad range
development and competitiveness efforts, and supports of professional backgrounds
ANN implementation of programs lend critical assistance to regional
business-climate improvement and
Community Building Consortium* business development efforts
Applies collective commercial real estate experience to help
capture business development opportunities and increase Ambassadors
the region's transactional capabilities Help communicate, educate and
inform stakeholders, policy-makers,
Economic Development Directors Team
citizens and media about key regional
Advises CEO and staff on local economic development economic development issues
trends, offers insight on pulse of city/town council and
partners with GPEC to finalize location decisions. Certified Ambassadors
Education Council* (under consideration) A qualifying program for
Reviews current workforce skills gaps, supports the Ambassadors who serve as an
advancement of a science and technology initiative and extension of the GPEC team and 15
identifies education-to-career path solutions are given unique opportunities to
interface more closely with GPEC's
GPEC Next Leadership Council* staff and board on program initiatives
Ensures the organization operates in a model that is and mission-critical efforts.
innovative, integrated and proactive
Ambassador Steering Committee
Healthcare Leadership Council* Advises on strategic direction of
Works to advance a healthcare initiative for the region Ambassadors Program, design
and establish Greater Phoenix as a center of excellence activities relevant to and in support of
anchored by innovative assets and world-class leadership GPEC's mission; serve as a sounding
board for emerging initiatives and
Innovation Council* support implementation of programs.
Leverages the region's expanding innovation ecosystem
in an effort to foster growth in emerging industries and *Eligibility determined by investment
ultimately diversity the economy. level or strategic appointment
International Leadership Council*
Advises on the direction and implementation of GPEC's
foreign direct investment efforts, and provides guidance to
increase program impacts
Marketing Committee*
Offers guidance on the development of regional branding,
and GPEC's marketing and media efforts in support of our
core mission
Mayors Council
Convenes mayors of GPEC's municipalities for regular
updates on strategic initiatives
•
•
Like a whirl of shiny flakes sparkling in a snow globe, Hubble caught this glimpse of many hundreds
of thousands of stars moving about in the globular cluster M13,one of the brightest and best-
known globular clusters in the northern sky.These stars are packed so closely together in a ball,
approximately 150 light-years across,that they will spend their entire lives whirling around in the
cluster.Near the core of this cluster,the density of stars is about a hundred times greater than the
density in the neighborhood of our sun.
4111
Greater Phoenix
ECONOMIC COUNCIL
2 N.Central Ave.,Suite 2500,Phoenix,AZ 85004
Phone 602.256.7700 I Fax 602.256.7744 I www.gpec.org
•
111 greater phoenix economic lir
council(groups) cgpec facebook.com!gpec4jobs hulagpecgreaterphoenix
AIM. Alibk
EXHIBIT B
GPEC PERFORMANCE MEASURES
FY 2013-2014
Specific performance targets as established by the GPEC Executive Committee and
Board of Directors:
1. Payroll Generated $194.3M
2. Total Number of Jobs Created 4,597
3. Total Number of High-Wage Jobs 2,407
4. Average High-Wage Salary $50,792
5. Emerging Tech Assists 8
6. Number of Qualified Prospects 206
7. Number of Qualified International Prospects 37
8. Total Reach of Editorial Placements/Exposures 222M
GPEC continues to target high-wage industries(Renewable Energy,Biomedical/Personalized Medicine,Advanced
Business Services,Manufacturing&Logistics,Mission Critical,Areospace&Aviation,Emerging Tech)
es
EXHIBIT C
TARGETED INDUSTRIES
FY2013-2014
GPEC and our member communities have identified targeted industries on a local and regional level,incorporating
these industries into a regional economic development plan For fiscal year 2013-2014,GPEC will continue its
emphasis on the following Renewable Energy,Biomedical/Personalized Medicine,Advanced Busmess Services,
Manufacturing&Logistics;Mission Critical,Aerospace&Aviation,Emergmg Tech
Member communities will target the following
Apache Junction
Business services,environmental technologies research and manufacturing;standard and advanced manufacturing,
regional and corporate centers,medical institutions and/or associated satellite operations,mining support facilities,
resort/tourist-oriented development,filmmakmg(location shooting),expanded retail opportunities
Avondale
Advanced business services/information technology,renewable energies,Bio/medical/life sciences,manufacturing;
higher education/lifelong learning,amateur sports and tourism
Buckeye
Advanced business services,renewable energy,high tech(data center and services),environmental technology/
sustainability,standard manufacturing,medical and educational institutions;transportation/distnbution,small
business/incubator,aerospace/aviation
Casa Grande
Aviation/aerospace,biosciences and sustamabihty,corporate/regional headquarters,healthcare and medical
services,standard manufacturing and transportation and distribution
Chandler
Advanced business services,corporate/regional headquarters,high-tech electronics and software development,
aerospace/aviation and advanced materials;biosciences and sustamabihty
Fountam Hills
Advanced business services(professional,technical,and scientific services including finance and insurance),
healthcare,medical,bio-life sciences and wellness,medical and educational institutions,arts,entertainment and
recreation,retail
Gila Bend
Clean technology(manufacturmg/central station generation/R&D),warehousing/transportation/distribution,military
supply cham,tourism/hospitality,standard manufacturing,agriculture/agri-biotechnology,food,fiber and natural
products,aerospace/aviation,heavy industrial
Gilbert
Corporate/regional headquarters,advanced business services,high-tech/software(R&D,data center,services),next
generation electronics(sensors,optics),aerospace and defense(satellite,FAA repair),biotechnology and life
sciences(R&D,oncology,regenerative medicine,cardiovascular science,medical device),clean technology and
renewable energy(R&D,algae,biodiesel)
Glendale
Advanced business services,aerospace and defense,education, healthcare/medical, hospitality,renewable energy,
technology
Goodyear
Advance financial/busmess services,high-tech electronics and software development,aerospace/aviation,advanced
materials,biosciences(treatment,medical diagnostics,research)and semor industries,food,fiber and natural
products,transportation/distribution,standard manufacturing,environmental technology,sustainability
Page 1 of 2
/.1\ /1
Maricopa(City)
High-wage employers(salaries averaging at least 125%of the median wage in Mancopa County)that generate at
least 80%of income from exporting goods and services outside the region
Mesa
Primary Target Industries Healthcare,Education,Aerospace/Defense and Tounsm/Technology
Secondary target industries Advanced business services,standard and advance manufacturing;regional and
corporate centers,environmental technology,research&development,bioscience;sustamability
Peoria
Advanced business services,high technology(data centers,R&D),life sciences and healthcare technologies;
advanced medical services,educational mstitutions;advanced and standard manufacturing,clean technologies
research and manufacturing,entertainment and tourism
Phoenix
Bio-life science,advance business services,manufacturing,sustainable industries and enterprises,high education,
world business,trade and FDI,and established/emergmg enterpnses
Queen Creek
Aerospace and aviation,health and wellness,arts,culture and expenence,education;clean and renewable energy
and water;family/youth&children activity destinations
Scottsdale
Information technology/software;healthcare/biomedical,financial services,sports/lifestyle,solar/sustainable
industries,education
Surprise
Environmental technology,advanced medical services,biotech,education and healthcare,transportation and
distribution
Tempe
Advanced busmess services(financial services), high tech/software(R&D,data center and services),high-tech/next
generation electronics;aerospace R&D/aviation,bioscience(research,drug development,treatment,medical
diagnostics);corporate/regional headquarters,sustamability(environmental);advanced matenals/plastics,senior
industries,clean tech,renewable energy and manufacturing
Tolleson
Aerospace and advanced materials,food,fiber and natural products;transportation/distnbution,standard
manufacturing,environmental technology,sustamability
Wickenburg
Heavy mdustnal,standard manufacturing,transportation&distribution,rail services,food processing,mining
support facilities,renewable energy;environmental technology research&manufacturing,healthcare and medical,
educational institutions,tourism and filmmaking,expanded retail operations
Page 2 of 2
EXHIBIT D
FY 2013-2014
REPORTING MECHANISM FOR CONTRACT FULFILLMENT
Monthly Activity Report - Month, Year
BUSINESS ATTRACTION PERFORMANCE METRICS:
.rr
GPEC Progress Toward Goals
Annual Contract Actual Goal %of
Targeted Opportunities Goal YTD YTD Goal YTD
PAYROLL GENERATED(MILLIONS)
AVERAGE HIGH WAGE SALARY
NUMBER OF JOBS
NUMBER OF HIGH-WAGE JOBS
EMERGING TECHNOLOGY ASSISTS
QUALIFIED PROSPECTS
INTERNATIONAL PROSPECTS
TOTAL REACH OF EDITORIAL PLACEMENTS
GPEC continues to target high-wage industries(advanced business services, aerospace, life sciences, renewable
energy, high-tech/IT)
KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES
Page 1 of 1
EXHIBIT E
INSURANCE REQUIREMENTS
The City's insurance requirements are minimum requirements for this Agreement and
in no way limit the indemnity covenants contained in this Agreement The City in no way
warrants that the minimum limits required of GPEC are sufficient to protect GPEC from
liabilities that might arise out of this Agreement for GPEC, its agents, representatives,
employees or Contractors and GPEC is free to purchase such additional insurance as may
be determined necessary
A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least
as broad as the categories set forth below with limits of liability in amounts
acceptable to the City
1. Commercial General Liability - Occurrence Form
(Form CG 0001, ed. 10/93 or any replacements thereof)
General Aggregate/per Project
Products-Completed Operations Aggregate
Personal & Advertising Injury
Each Occurrence
Fire Damage (Any one fire)
Directors and Officers
Medical Expense (Any one person) Optional
2. Automobile Liability - Any Auto or Owned, Hired and Non-Owned
Vehicles (Form CA 0001, ed 12/93 or any replacement thereof) Combined
.� Single Limit Per Accident for Bodily Injury and Property Damage
3. Workers' Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
B. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by the City If not approved, the City may request that the insurer
reduce or eliminate such self-insured retentions with respect to City, its officers,
officials, agents, employees and volunteers
Page 1 of 3
C. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
1. Commercial General Liability
a The City, its officers, officials, agents, employees and volunteers are
to be named as additional insureds with respect to liability ansing out of.
activities performed by or on behalf of GPEC, including the City's general
supervision of GPEC; products and completed operations of GPEC; and
automobiles owned, leased, hired or borrowed by GPEC.
b GPEC's insurance shall include broad form contractual liability
coverage.
c The City, its officers, officials, agents, employees and volunteers
shall be additional insureds to the full limits of liability purchased by
GPEC, even if those limits of liability are in excess of those required by
this Agreement
d GPEC's insurance coverage shall be primary insurance with respect
to City, its officers, officials, agents, employees and volunteers Any
insurance or self-insurance maintained by City, its officers, officials,
employees or volunteers shall be in excess of GPEC's insurance and shall
not contribute to it
e GPEC's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
f. Coverage provided by GPEC shall not be limited to the liability
assumed under the indemnification provisions of this Agreement.
g. The policies shall contain a waiver of subrogation against City, its
officers, officials, agents, employees and volunteers for losses ansing from
work performed by GPEC for the City
2. Workers' Compensation and Employers' Liability Coverage. The
insurer shall agree to waive all rights of subrogation against City, its
officers, officials, agents, employees and volunteers for any and all losses
ansing from work performed by the Contractor for the City.
Page 2 of 3
D. Notice of Cancellation. Each insurance policy required by the insurance
provisions of this Agreement shall provide the required coverage and shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits
except after thirty (30) calendar days' prior written notice has been sent to City at
the address provided herein for the giving of notice Such notice shall be by
certified mail, return receipt requested
E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed
or approved unlicensed companies in the State of Arizona and with a "Best's"
rating of not less than A-.VII City in no way warrants that the above required
minimum insurer rating is sufficient to protect GPEC from potential insurer
insolvency
F. Verification of Coverage. GPEC shall furnish City with Certificates of
Insurance (ACORD form or equivalent approved by City) and with original
endorsements effecting coverage as required by this Agreement The certificates
and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf Any policy
endorsements that restrict or limit coverage shall be clearly noted on the
Certificate of Insurance
All certificates and endorsements are to be received and approved by City before
work commences Each insurance policy required by this Agreement must be in
effect at or prior to commencement of work under this Agreement and remain in
effect for the duration of the project.
All certificates of insurance required by this Agreement shall be sent directly to
City at the address and in the manner provided in this Agreement for the giving of
notice. City's Agreement/Agreement number, GPEC's name and descnption of the
Agreement shall be provided on the Certificates of Insurance City reserves the
right to require complete certified copies of all insurance policies required by this
Agreement, at any time
G. Approval. During the term of this Agreement, no modification may be made to
any of GPEC's insurance policies which will reduce the nature, scope or limits of
coverage which were in effect and approved by the City prior to execution of this
Agreement
Page 3 of 3
Greater Phoenix
ECONOMIC COUNCIL
Investing in GPEC I City of Apache Junction
Community Benefits Report
The Greater Phoenix Economic Council (GPEC) is a performance-driven, public-private partnership. GPEC
partners with the City of Apache Junction, Maricopa County, 20 other communities and more than 160 private-
sector investors to promote the region's competitive position and attract quality jobs that enable strategic
economic growth and provide increased tax revenue for Apache Junction
GPEC and our partners help Apache Junction Revenue Return (5-Yr Trend): 8:1
increase the quality and
quantity of transactions in the Apache Junction Investment
region by: Funding Request for FY14- $21,186
Marketing industry- (AZ Dept of Administration 2012 Population)
• specific business cases to Previous Funding for FY13: $20,963
showcase our competitive (AZ Dept of Administration 2011 Population)
advantages.
• Expanding prospecting
activities in California and
other domestic markets. Driven Results
The City of Apache Junction benefits from site location projects and
• Securing international GPEC activities that occur across the region.
investment. • Economic development projects create value by generating public
Capturing opportunities in and private revenues.
• emerging technology • Commute patterns and retail studies show that employees of
around solar and `locates' live and spend their incomes in all Greater Phoenix
healthcare. communities Thus, when a company selects a Greater Phoenix
location, all communities benefit with increased tax revenues
• Connecting prospects with • 320 jobs region-wide' for Apache Junction residents from GPEC-
local R&D expertise. assisted locates
• Addressing gaps in the
market such as
speculative buildings, Return on Investment(5-Yr Trend)
technology parks and
accelerators, and venture • $8 of direct revenue'for every$1 invested.
capital.
• $15 of total revenue3 for every$1 invested.
This report summarizes the • $11.6 million in new consumer spending' generated by new
significant benefits and return Apache Junction jobs and employed Apache Junction residents. An
on investment GPEC delivers addition of$11 million created by multiplier effects, results in total
to the City of Apache Junction consumer spending of$22.6 million.
and this region.
• $771,714 in new Apache Junction direct revenues'(boosted to
$1.4 million when including related multiplier effects of$673,744)
'Revenue estimates are from the Greater Phoenix Consensus Impact Model. In 1999,GPEC and our members developed the
region's first-ever consensus-based revenue and economic impact model Based on nationally accepted multiplier data provided by
IMPLAN,the model is customized to calculate economic and revenue benefits for GPEC's members and the State of Arizona
'Includes property,sales and utility taxes,as well as state-shared and other local revenues
'Includes direct revenues plus those generated by related supplier and consumer jobs
2 NORTH CENTRAL AVE SUITE 2500 1 PHOENIX,AZ 85004 602 256 7700 www gpec.org
Regional Results Summary
FY13* FY12 5 Year Total
Payroll Generated $348 9M $165 2M $865M
Jobs 5,823 3,978 20,544
High-wage Jobs 2,365 1,186 9,318
Average Salary $42,905 $41,533 $42,107
Qualified Prospects 177 199 972
rolsw Earned Media Reach 674.4M 231 5M 1 6 B
Assisted Locates 27 35 127
Capital Investment $426 6M $670 OM $2 1 B
*Through June 5, 2013
Targeted Opportunities
Apache Junction advances GPEC's mission of attracting
quality companies to the region by
• Responding to 'E-Track' prospect requests
• Participating in prospect community visits
• Hosting ExecuTours, tailored events for high-level
decision-makers
• Prospecting at trade shows, conferences and sales
missions to expand the project pipeline.
Competitive Intelligence
GPEC offers Apache Junction access to unique tools and expertise
• Comprehensive demographic, labor, targeted industry
information and marketing assistance
• CoStar real estate database.
• MetroComp operating cost-comparison software for 50
markets
• Community Building Consortium
• Greater Phoenix Consensus Impact Model analysis
Community Leadership
Leadership is critical to ensuring the success of your community, GPEC and the region's economic vitality.
Engagement Opportunity Apache Junction Involvement
GPEC Board of Directors Jeff Serdy
Economic Development Directors Team (EDDT) Janine Solley
GPEC Next
Operating as a more comprehensive and innovative practice, GPEC Next pursues opportunities with
greatest potential for the region through deeper collaboration with our stakeholders, communities and
partners By integrating international attraction and an emerging technologies focus with GPEC's core
domestic competency, we will satisfy the market's needs for a stronger, better, proactive regional
economic development organization GPEC Next will achieve a thorough understanding of our
competitiveness, realize a streamlined, direct-selling approach to competitor and global markets, and
make dynamic improvements to the region's business climate
2 NORTH CENTRAL AVE j SUITE 2500 1 PHOENIX,AZ 85004 602 256 7700 www.gpec.org
Bryant Powell
From: Angela Talbot <ATalbot@gpec org>
Sent• Tuesday, July 02, 2013 4 47 PM
To. Bryant Powell
Subject. Council meeting follow up - GPEC
Dear Mr Powell and counalmembers,
I would like to take the opportunity to add clarification to the discussion and questions posed yesterday regarding
calculation of the Pinal County portion of GPEC membership
In 2006/2007 when town and cities within Pinal County wanted to join GPEC, a subcommittee comprised of existing
member communities and APS created membership funding scenarios and criteria for municipalities outside of
Maricopa county At the time, Maricopa County's population was 3,477,050 and at$ 1854 per resident, Maricopa
County contributed $644,775 At that time, and still,the city/town rate within Maricopa County is$ 3897
The subcommittee determined that municipalities within Pinal County would need to augment the city/town rate to
compensate for the lack of County funding Thus, the per capita rate became$ 3897 +$ 1854= $ 5751
Maricopa County's contribution is not tied to population so the formula is no longer valid, however, it explains the
thinking of the subcommittee at the time,and the calculation of the $.575 rate.
I also think you'll find this information interesting
Of the 215 prospects in 2013, 32 (15%) came from ACA For all others (183), only GPEC community members are given
the opportunity to recruit
Prospect Trends
45 { AAED
43'_ ACA
355,6 Local Community
—GPEC 1C:0
30%
-GPEC Direct
—Greater Phoenix Chamber
20% Investor
ffilM
15% - lorionw - Local Broker
out of State Broker
1095
Unknown
2005 2006 2007 2008 2339 2010 2011 2012 2013
Thank you for your consideration and continued membership as a community partner in GPEC.
1
City of Apache Junction, Arizona 300E Superstition
Boulevard
t„ r Apache Junction,AZ
1 85119
Master
File Number. 13-131
File ID. 13-131 Type• Report/Update Status. Consent Agenda
Version: 1 Reference In Control. City Council
Meeting
Cost File Created.
File Name: FY 2012-2013 Library Board of Trustees Annual Final Action*
Report
Title Acknowledge receipt of the Annual Report of the Apache Junction Public Library
Board of Trustees for 2012-2013 fiscal year. A.R S 9-418 requires the library
board to make an annual report to the governing body of the city on or before the
first Monday of July of each year The report is to be adopted by the library board
at a special meeting June 27, 2013 Acknowledge receipt.
Notes.
Agenda Date• 07/02/2013
Indexes: Budgetary Approval not Required,
Local/State/Federal Statutory Requirement
Sponsors. Spencer Paden Enactment Date.
Attachments Enactment Number
Contact. Hearing Date.
Drafter. sleebrown@ajcity net Effective Date.
History of Legislative File
Ver- Acting Body Date Action Sent To Due Date Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-131
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
City of Apache Junction, Arizona 300E Superstition
ram Boulevard
rg Apache Junction,AZ
A 85119
v,►. r Master
File Number: 13-138
File ID. 13-138 Type. Employment Agreement Status. Consent Agenda
Version. 1 Reference In Control City Council
Meeting
Cost File Created 06/19/2013
File Name• city manager employment agreeement Final Action.
Title. Consideration of approval of an employment agreement with the city manager
Consideration and action
Notes:
Agenda Date. 07/02/2013
Indexes. City Internal Issue
Sponsors: George Hoffman Enactment Date.
Attachments GH Employment Agreement tracked changes, GH Enactment Number.
Employment Agreement final
Contact. Hearing Date
Drafter. amccray@ajcity net Effective Date.
History of Legislative File
Ver- Acting Body Date Action: Sent To Due Date Return Result
Sion
Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-138
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
EMPLOYMENT AGREEMENT WITH
CITY MANAGER
THIS AGREEMENT is made and entered into this day of September
July!, 20132 by and between the CITY OF APACHE JUNCTION, an Arizona ,--t Comment[AM1]•Reflects current den
municipal corporation ("City" or "City Council" or"Council"), and GEORGE R
HOFFMAN, ("Employee" or "City Manager"), both of whom understand as
follows:
RECITALS
A Arizona Revised Statutes Annotated ("A.R.S.") § 9-303(A) allows
the City to create the Office of City Manager.
B. A.R.S. § 9-303(B) allows the City to specify the powers and duties
relating to the affairs of the City Manager.
C. A.R.S. §9-303(C) mandates that the person appointed to the Office
of City Manager serve at the pleasure of the City Council and such person may
be removed without cause by a majority vote of the City Council.
D. The City has established an Office of the City Manager pursuant to
Apache Junction City Code("A J.C.C.")Article 3-1.
E The City and the Employee entered into an Employment Agreement
on August 19, 2003.
F. It is the intention of the parties to modify the terms and conditions
by which the City shall receive and retain the services of Employee and to
provide for him to remain in such employment; to make possible full work
productivity by assuring his morale and peace of mind with respect to future
security; to deter against malfeasance or dishonesty for personal gain on his
part; and to provide for terminating his services at such time as he may be
unable to fully discharge his duties or when City Council may otherwise desire
separation from service
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein
contained,the parties agree as follows:
SECTION 1. DUTIES
Council hereby agrees to employ Employee as City Manager to assume
the powers of and perform the functions and duties specified in A.J.0 C.,Vol. I,
Article 3-1, and such other applicable ordinances and resolutions now in effect
or hereafter adopted by Council.
SECTION 2 AT-WILL EMPLOYMENT STATUS
A Employee shall fulfill the powers, functions and duties of City Manager
and shall serve at will in this capacity until such time as this Agreement is
terminated by operation of law or otherwise.
B Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of City Council to terminate the services of Employee at any
time.
C Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employee to resign at any time from his position as City
Manager.
D. Employee agrees to remain in the exclusive employ of City until notice of
termination of this Agreement has been tendered; provided, however,
Employee may engage in such additional activities such as teaching,
writing, speaking or consulting, on Employee's vacation time off if
Employee is compensated for such activities, as long as a conflict of
interest is not created by engaging in such activities
SECTION 3. SEPARATION FROM SERVICE
A. In the event the City Council desires Employee to no longer serve the
City, an affirmative vote of four (4) or more members of the Council at
any regular meeting or special meeting is required. Separation of service
may be accomplished through A.J.C.C., Vol. I, Article 3-1 or by
negotiated resignation. Notwithstanding the restrictions set forth below
in§ 3(C),a lump sum cash payment shall be paid to Employee consisting
of six (6) months of: (i) Employee's then current aggregate salary, (ii) the
City's annual 401(a) Retirement Plan contributions, (iii) and the City's
annual 457 Deferred Compensation Plan contributions, and an amount
equal to six (6) months health insurance Employee shall also be paid all
accrued vacation, sick, and all unused personal leave Employee and
City shall give each other sixty (60) days written notice of termination
should they desire to terminate this agreement. During this time period,
Employee shall continue to be paid his salary, together with all benefits
negotiated herein.
B As a condition precedent to receiving any severance payment, Employee
shall execute a severance agreement acceptable to both parties, which
shall include Employee's (i) full release of the City, City Council
members, and all of its agents and employees from any and all claims,
2
including but not limited to demands, damages, causes of action or
liability arising out of Employee's employment or termination of
employment with City, and any age discrimination actions, and (ii)
agreement not to initiate or cause to be initiated under any lawsuit,
claim, grievance, proceeding or investigation of any kind, under any
contract, law or regulation, pertaining to his employment with the City.
C Upon other separation from service, including but not limited to
retirement(but not including an involuntary termination due to any felony
conviction), Employee shall receive all accrued vacation, sick, and
administrative-personal leave balances at 100% value at Employee's Comment[AM2]•Makes consistent with
type of leave in payroll and personnel
then-current hourly rate. l rules
SECTION 4 SALARY AND ANNUAL PERFORMANCE EVALUATION
City agrees to pay Employee One Hundred Sixteen-Nineteen Thousand,
Seven-Hundred-Fifty OneSixteen Dollars and Thirty TwoNinren Cents
($119,051 326 1-6.97)! per annum for services, payable in installments at the - -Comment[AM3]:Reflects 2%increase j
same time as other employees are paid Any Cost of Living, Base Wage provided to all employees in FY 12-13
adjustment, or service award provided to classified employees shall be equally
awarded to Employee, and any salary reduction or furlough imposed by the
City on classified employees shall equally affect Employee Salary increases
may, at Employee's discretion, be deposited into his 401(a) ICMA Executive
Retirement Plan referenced below if permitted under IRS rules and
regulations. Following an evaluation by the City Council, Employee and City
may negotiate additional compensation and benefits as they deem fit. The City
Council shall conduct an evaluation of Employee starting in April of each year
this Agreement is in effect. The City_Council may also provide periodic - Comment[AMM].Makes consistent with ,I
performance bonuses in its discretion. The annual cityae°^'eyconr,•actlang°age
performance evaluation
shall be in accordance with specific criteria and goals jointly developed by
Employee and the City Council The goals shall be assigned relative priority by
the City Council and Employee, and shall be reduced to writing. Such goals
may be modified from time to time by the City Council in consultation with
Employee.
SECTION 5. OTHER SUPPLEMENTAL BENEFITS
A Leaves. Employee shall on an annual basis accrue two hundred forty
hours of vacation leave; ninety-six (96) hours of sick leave; and twelve
(12) hours of personal leave for each year of service with the City.
Leaves shall be credited January 1st of each calendar year. Upon
separation from service Employee shall receive all of his accrued sick
leave balance at one hundred percent (100%) value at Employee's then-
current hourly rate Any remaining personal leave shall be converted to
vacation leave on the last full pay period of each calendar year.
3
B. Car allowance. Employee is provided $450 per month for a car
allowance and$100 per month for a gas allowance.
C. Notification. Employee shall notify Mayor of any planned or unplanned
absences from the office.
D. Professional Dues, Seminar Costs, and Subscriptions. Because
Employer encourages Employee to attain positions of leadership in
national,state regional and local associations and organizations
relevant to his profession, City will pay for all seminars, educational
programs and materials, and professional dues, including but not limited
to all national, state, regional, and local association affiliation
membership costs, subscriptions, travel and subsistence expenses,
which relate to municipal issues, and those which otherwise would
assist the City Manager in the performance of his duties.
E. Deferred Compensation (457 Plan). Employee may contribute the
maximum amount allowable under I.R S. rules and regulations during
each calendar year this agreement is in effect to City's Deferred
Compensation 457 Plan. City shall contribute on behalf of Employee an
amount equal to the then current maximum allowable 457 Plan amount,
to include any applicable 457 Plan Catch-Up Provisions, into the 401(A)
Profit Sharing Plan identified below. This City-paid contribution shall be
in addition to any 401(A) Profit Sharing Plan contribution the City has
agreed to pay to Employee as otherwise set forth in this agreement.
F. ICMA 401(A) Profit Sharing Plan. Beginning July 1st of each fiscal
year this agreement is in effect, City shall contribute on behalf of
Employee sixteen percent (16%) of Employee's gross salary into the
ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all
contributions at the time the City deposits its first contribution into the
Plan on behalf of the Employee. Nothing in this paragraph restricts
additional Employee contributions into the ICMA 401(A) Profit Sharing
Plan.
G Bond. The City shall pay the bond requirement set forth in A.J.C.C.
Article 3-1, §3-1-5,in its entirety.
H Other Benefits. All action taken by City Council relating to fringe benefits
for employees in the executive ranges shall be considered actions
granting the same benefits to Employee. The term "fringe benefits"
include but are not limited to vacation, sick leave, holidays, retirement,
health, dental, vision, long-term disability and life insurance. City shall
pay for the costs of an annual executive physical examination (and any
related testing) to the extent not covered under the above-referenced
health plan, including any deductibles or co-pays City shall pay 100% of
4
the premium for Employee's dependents in the health and dental plans
referenced above. If alternative health plans are offered, Employee shall
advise the Human Resource Department of his selected alternative.
Employee may, at his discretion, decide to decline the health, dental,
vision, and life insurance coverages which are provided by City. In such
case, and with an amount of time required by insurance providers,
Employee may request, and City shall effectuate, conversion of such
value and deposit such amount into Employee's 401(A) Plan identified in
subsection G above. The benefits provided to Employee under this
Agreement shall not be reduced or eliminated unless the City Council
reduces such benefits for all regular classified employees of the City
I. Residency Employee agrees to maintain residence within the corporate
boundaries of the City of Apache Junction,Arizona.
J Hours of Work It is recognized that Employee must devote a large
amount of time outside traditional business hours to the business of the
City. Employee shall be permitted to adjust his work schedule as he
deems appropriate, so long as he is available and the management of the
City is not harmed.
SECTION 6. INDEMNIFICATION
City shall defend, save harmless and indemnify Employee against any
tort, professional liability claim or demand or any other legal action, whether
groundless or otherwise, arising out of any alleged act or omission occurring in
the course and scope of performance of Employee's functions and duties. City
will compromise and settle any such claim or suit and pay the amount of all
settlements or judgments rendered against Employee.
SECTION 7 OTHER TERMS AND CONDITIONS
A. The City, in consultation with Employee,shall fix any such other terms
and conditions of employment, as it may determine from time to time,
relating to the performance of Employee, provided such terms and
conditions are not inconsistent with or conflict with the provisions of
this Agreement, the Apache Junction City Code, or any other statute,
ordinance or regulation.
SECTION 8. NOTICES
Notices pursuant to this Agreement shall be given by deposit in the
custody of the United States Postal Service, postage prepaid, or through
overnight carrier service, addressed as follows or as such address may be
changed from time to time upon notice to the other.
5
City: Mayor John Insalaco
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85119
Employee- George R. Hoffman
P.O. Box 1562
Apache Junction,AZ 85117
SECTION 9. ATTORNEY FEES
In the event it becomes necessary for either party to bring legal action to
enforce any provision of this Agreement, the parties agree that the prevailing
party shall be entitled to attorney fees.
SECTION 10. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. No
other promises, representations, warranties, or covenants have been relied on
by either party in executing this Agreement. ;Employee and City may negotiate ,.- I Formatted Font:Bold
additional compensation and benefit terms as they deem fit at any time this
Agreement is in effect, except that Employee agrees not to seek and be
effective any contract modifications until after Januarv.l,20154 Comment LAMS)*Makes consistent with
city attorney contract language J
SECTION 11. ASSIGNMENT 'Formatted*Not Highlight
Formatted Font:Bold
This Agreement is not assignable by either City or Employee. 'Formatted.Not Highlight
Formatted*Font:Bold
SECTION 12 EXECUTOR/HEIRS INTERESTS
This agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the Employee.
p
SECTION 13. SEVERABILITY
affect any-of-the-remaiaing-wevisiens-ef-this-agreement
LCity and Employee each believe that the execution, delivery and-,— -(Formatted*Font:Bold
performance of this Agreement are in compliance with all applicable laws Formatted'Indent:First line: 0.5"
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws. including any constitutional provision, law,
regulation, or City Code), such provision shall be deemed severed from this
6
A p
Agreement and this Agreement shall otherwise remain in full force and effect
provided that this Agreement shall retroactively be deemed reformed to the
extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially +�
the same rights and benefits (economic and otherwise) to the City and
Employee as if such severance and reformation were not required. Unless
prohibited by applicable laws, the City and Employee further shall perform all
acts and execute, acknowledge and/or deliver all amendments, instruments
and consents necessary to accomplish and to give effect to the purposes of
this Agreement,as reformed. (Comment[AM6]:Makes consistent with
city attorney contract language
7
IN WITNESS WHEREOF, City and Employee have caused this Agreement
to be executed the day and year first above written.
EMPLOYEE
Date George R. Hoffman
CITY OF APACHE JUNCTION,
an Arizona municipal corporation
By:
Date John S. Insalaco, Mayor
ATTEST:
Kathleen Connelly, City Clerk
APPROVAL AS TO FORM:
R.Joel Stern, City Attorney
8
EMPLOYMENT AGREEMENT WITH
CITY MANAGER
THIS AGREEMENT is made and entered into this day of July, 2013
by and between the CITY OF APACHE JUNCTION, an Arizona municipal
corporation ("City" or "City Council" or "Council"), and GEORGE R. HOFFMAN,
("Employee" or "City Manager"), both of whom understand as follows:
RECITALS
A. Arizona Revised Statutes Annotated ("A.R.S.") § 9-303(A) allows
the City to create the Office of City Manager.
B. A.R.S. § 9-303(B) allows the City to specify the powers and duties
relating to the affairs of the City Manager.
C. A.R.S. § 9-303(C) mandates that the person appointed to the Office
of City Manager serve at the pleasure of the City Council and such person may
be removed without cause by a majority vote of the City Council.
D. The City has established an Office of the City Manager pursuant to
Apache Junction City Code ("A.J.C.C.") Article 3-1.
E. The City and the Employee entered into an Employment Agreement
on August 19, 2003.
F. It is the intention of the parties to modify the terms and conditions
by which the City shall receive and retain the services of Employee and to
provide for him to remain in such employment; to make possible full work
productivity by assuring his morale and peace of mind with respect to future
security; to deter against malfeasance or dishonesty for personal gain on his
part; and to provide for terminating his services at such time as he may be
unable to fully discharge his duties or when City Council may otherwise desire
separation from service.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
SECTION 1. DUTIES
Council hereby agrees to employ Employee as City Manager to assume
the powers of and perform the functions and duties specified in A.J.C.C., Vol. I,
Article 3-1, and such other applicable ordinances and resolutions now in effect
or hereafter adopted by Council.
SECTION 2. AT-WILL EMPLOYMENT STATUS
A. Employee shall fulfill the powers, functions and duties of City Manager
and shall serve at will in this capacity until such time as this Agreement is
terminated by operation of law or otherwise.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of City Council to terminate the services of Employee at any
time.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employee to resign at any time from his position as City
Manager.
D. Employee agrees to remain in the exclusive employ of City until notice of
termination of this Agreement has been tendered; provided, however,
Employee may engage in such additional activities such as teaching,
writing, speaking or consulting, on Employee's vacation time off if
Employee is compensated for such activities, as long as a conflict of
interest is not created by engaging in such activities.
SECTION 3. SEPARATION FROM SERVICE
A. In the event the City Council desires Employee to no longer serve the
City, an affirmative vote of four (4) or more members of the Council at
any regular meeting or special meeting is required. Separation of service
may be accomplished through A.J.C.C., Vol. I, Article 3-1 or by
negotiated resignation. Notwithstanding the restrictions set forth below
in § 3(C), a lump sum cash payment shall be paid to Employee consisting
of six (6) months of: (i) Employee's then current aggregate salary, (ii) the
City's annual 401(a) Retirement Plan contributions, (iii) and the City's
annual 457 Deferred Compensation Plan contributions, and an amount
equal to six (6) months health insurance Employee shall also be paid all
accrued vacation, sick, and all unused personal leave. Employee and
City shall give each other sixty (60) days written notice of termination
should they desire to terminate this agreement. During this time period,
Employee shall continue to be paid his salary, together with all benefits
negotiated herein.
B. As a condition precedent to receiving any severance payment, Employee
shall execute a severance agreement acceptable to both parties, which
shall include Employee's (i) full release of the City, City Council
members, and all of its agents and employees from any and all claims,
including but not limited to demands, damages, causes of action or
liability arising out of Employee's employment or termination of
2
employment with City, and any age discrimination actions, and (ii)
agreement not to initiate or cause to be initiated under any lawsuit,
claim, grievance, proceeding or investigation of any kind, under any
contract, law or regulation, pertaining to his employment with the City.
C. Upon other separation from service, including but not limited to
retirement (but not including an involuntary termination due to any felony
conviction), Employee shall receive all accrued vacation, sick, and
personal leave balances at 100% value at Employee's then-current
hourly rate.
SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION
City agrees to pay Employee One Hundred Nineteen Thousand, Fifty One
Dollars and Thirty Two Cents ($119,051.32) per annum for services, payable in
installments at the same time as other employees are paid. Any Cost of Living,
Base Wage adjustment, or service award provided to classified employees
shall be equally awarded to Employee, and any salary reduction or furlough
imposed by the City on classified employees shall equally affect Employee.
Salary increases may, at Employee's discretion, be deposited into his 401(a)
ICMA Executive Retirement Plan referenced below if permitted under IRS rules
and regulations. Following an evaluation by the City Council, Employee and
City may negotiate additional compensation and benefits as they deem fit. The
City Council shall conduct an evaluation of Employee starting in April of each
year this Agreement is in effect. The City Council may also provide periodic
performance bonuses in its discretion. The annual performance evaluation
shall be in accordance with specific criteria and goals jointly developed by
Employee and the City Council. The goals shall be assigned relative priority by
the City Council and Employee, and shall be reduced to writing. Such goals
may be modified from time to time by the City Council in consultation with
Employee.
SECTION 5. OTHER SUPPLEMENTAL BENEFITS
A. Leaves. Employee shall on an annual basis accrue two hundred forty
hours of vacation leave; ninety-six (96) hours of sick leave; and twelve
(12) hours of personal leave for each year of service with the City.
Leaves shall be credited January 1st of each calendar year. Upon
separation from service Employee shall receive all of his accrued sick
leave balance at one hundred percent (100%) value at Employee's then-
current hourly rate. Any remaining personal leave shall be converted to
vacation leave on the last full pay period of each calendar year.
B. Car allowance. Employee is provided $450 per month for a car
allowance and $100 per month for a gas allowance.
3
C. Notification. Employee shall notify Mayor of any planned or unplanned
absences from the office.
D. Professional Dues, Seminar Costs, and Subscriptions. Because
Employer encourages Employee to attain positions of leadership in
national, state regional and local associations and organizations
relevant to his profession, City will pay for all seminars, educational
programs and materials, and professional dues, including but not limited
to all national, state, regional, and local association affiliation
membership costs, subscriptions, travel and subsistence expenses,
which relate to municipal issues, and those which otherwise would
assist the City Manager in the performance of his duties.
E. Deferred Compensation (457 Plan). Employee may contribute the
maximum amount allowable under I.R.S. rules and regulations during
each calendar year this agreement is in effect to City's Deferred
Compensation 457 Plan. City shall contribute on behalf of Employee an
amount equal to the then current maximum allowable 457 Plan amount,
to include any applicable 457 Plan Catch-Up Provisions, into the 401(A)
Profit Sharing Plan identified below. This City-paid contribution shall be
in addition to any 401(A) Profit Sharing Plan contribution the City has
agreed to pay to Employee as otherwise set forth in this agreement.
F. ICMA 401(A) Profit Sharing Plan. Beginning July 1st of each fiscal
year this agreement is in effect, City shall contribute on behalf of
Employee sixteen percent (16%) of Employee's gross salary into the
ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all
contributions at the time the City deposits its first contribution into the
Plan on behalf of the Employee. Nothing in this paragraph restricts
additional Employee contributions into the ICMA 401(A) Profit Sharing
Plan.
G. Bond. The City shall pay the bond requirement set forth in A.J.C.C.
Article 3-1, § 3-1-5, in its entirety.
H. Other Benefits. All action taken by City Council relating to fringe benefits
for employees in the executive ranges shall be considered actions
granting the same benefits to Employee. The term "fringe benefits"
include but are not limited to vacation, sick leave, holidays, retirement,
health, dental, vision, long-term disability and life insurance. City shall
pay for the costs of an annual executive physical examination (and any
related testing) to the extent not covered under the above-referenced
health plan, including any deductibles or co-pays. City shall pay 100% of
the premium for Employee's dependents in the health and dental plans
referenced above. If alternative health plans are offered, Employee shall
advise the Human Resource Department of his selected alternative.
4
Employee may, at his discretion, decide to decline the health, dental,
vision, and life insurance coverages which are provided by City. In such
case, and with an amount of time required by insurance providers,
Employee may request, and City shall effectuate, conversion of such
value and deposit such amount into Employee's 401(A) Plan identified in
subsection G above. The benefits provided to Employee under this
Agreement shall not be reduced or eliminated unless the City Council
reduces such benefits for all regular classified employees of the City.
I. Residency. Employee agrees to maintain residence within the corporate
boundaries of the City of Apache Junction, Arizona.
J. Hours of Work. It is recognized that Employee must devote a large
amount of time outside traditional business hours to the business of the
City. Employee shall be permitted to adjust his work schedule as he
deems appropriate, so long as he is available and the management of the
City is not harmed.
SECTION 6. INDEMNIFICATION
City shall defend, save harmless and indemnify Employee against any
tort, professional liability claim or demand or any other legal action, whether
groundless or otherwise, arising out of any alleged act or omission occurring in
the course and scope of performance of Employee's functions and duties. City
will compromise and settle any such claim or suit and pay the amount of all
settlements or judgments rendered against Employee.
SECTION 7. OTHER TERMS AND CONDITIONS
A. The City, in consultation with Employee, shall fix any such other terms
and conditions of employment, as it may determine from time to time,
relating to the performance of Employee, provided such terms and
conditions are not inconsistent with or conflict with the provisions of
this Agreement, the Apache Junction City Code, or any other statute,
ordinance or regulation.
SECTION 8. NOTICES
Notices pursuant to this Agreement shall be given by deposit in the
custody of the United States Postal Service, postage prepaid, or through
overnight carrier service, addressed as follows or as such address may be
changed from time to time upon notice to the other:
City: Mayor John Insalaco
City of Apache Junction
300 East Superstition Boulevard
5
Apache Junction, AZ 85119
Employee: George R. Hoffman
P.O. Box 1562
Apache Junction, AZ 85117
SECTION 9. ATTORNEY FEES
In the event it becomes necessary for either party to bring legal action to
enforce any provision of this Agreement, the parties agree that the prevailing
party shall be entitled to attorney fees.
SECTION 10. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. No
other promises, representations, warranties, or covenants have been relied on
by either party in executing this Agreement. Employee and City may negotiate
additional compensation and benefit terms as they deem fit at any time this
Agreement is in effect, except that Employee agrees not to seek and be
effective any contract modifications until after January 1, 2015.
SECTION 11. ASSIGNMENT
This Agreement is not assignable by either City or Employee.
SECTION 12. EXECUTOR/HEIRS INTERESTS
This agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of the Employee.
SECTION 13. SEVERABILITY
City and Employee each believe that the execution, delivery and
performance of this Agreement are in compliance with all applicable laws.
However, in the unlikely event that any provision of this Agreement is declared
void or unenforceable (or is construed as requiring City to do any act in
violation of any applicable laws, including any constitutional provision, law,
regulation, or City Code), such provision shall be deemed severed from this
Agreement and this Agreement shall otherwise remain in full force and effect;
provided that this Agreement shall retroactively be deemed reformed to the
extent reasonably possible in such a manner so that the reformed agreement
(and any related agreements effective as of the same date) provide essentially
the same rights and benefits (economic and otherwise) to the City and
Employee as if such severance and reformation were not required. Unless
prohibited by applicable laws, the City and Employee further shall perform all
acts and execute, acknowledge and/or deliver all amendments, instruments
6
and consents necessary to accomplish and to give effect to the purposes of
this Agreement, as reformed.
7
IN WITNESS WHEREOF, City and Employee have caused this Agreement
to be executed the day and year first above written.
EMPLOYEE
Date George R. Hoffman
CITY OF APACHE JUNCTION,
an Arizona municipal corporation
By:
Date John S. Insalaco, Mayor
ATTEST:
Kathleen Connelly, City Clerk
APPROVAL AS TO FORM:
R. Joel Stern, City Attorney
8
Art7
� � City of Apache Junction, Arizona 300E Superstition
s
Boulevard
' Apache Junction,AZ
85119
k
b .
4 ,&,_.t-. Master
File Number: 13-140
File ID: 13-140 Type Ratification Status. Consent Agenda
Version 1 Reference. In Control. City Council
Meeting
Aft` Cost. File Created 06/19/2013
File Name: Ratification of City Attorney Employment Agreement Final Action.
Title. Consideration of approval of ratification of city attorney employment agreement
With the impanelling of newly elected officials in June, ratification of the city
attorney's February 2013 employment agreement is recommended
Consideration and action.
Notes.
Agenda Date. 07/02/2013
Indexes. City Internal Issue
Sponsors. Joel Stern Enactment Date
Attachments Employment Contract Enactment Number:
Contact: Hearing Date-
Drafter. mdrake@ajcity net Effective Date.
History of Legislative File
Ver- Acting Body Date Action Sent To. Due Date* Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-140
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
EMPLOYMENT AGREEMENT WITH
CITY ATTORNEY
THIS AGREEMENT is made and entered into this/'7Y7 day ofezLzt�; ,
2013 by and between the CITY-OF APACHE JUNCTION, an Arizona municipal
corporation ("City") and RICHARD JOEL STERN ("Employee") both of whom
understand the following:
RECITALS
A. Employee was appointed City Attorney in August 1997.
B. Employee serves at the pleasure of the City Council of the City of
Apache Junction, Arizona ("Council").
C. Employee desires to continue to serve as the City Attorney and as
the Apache Junction Water Utilities Community Facilities ("WUCFD") District
Counsel.
D. It is the desire of the parties to amend the terms and conditions by
which the City shall receive and retain the services of Employee and to provide
for him to remain in such employment; to make possible full work productivity by
assuring his peace of mind with respect to future security; and to provide for
terminating his services at such time as he may be unable to fully discharge his
duties and when Council may otherwise desire to terminate his employ.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
SECTION 1. DUTIES
Council hereby agrees to employ Employee as City Attorney to assume the
powers of and perform the functions and duties specified in the City Attorney job
description on file with the Human Resources Division, as well as the WUCFD
Counsel (hereinafter combined as the "City Attorney"function).
SECTION 2. AT-WILL STATUS
A. Employee shall fulfill the powers, functions and duties of City Attorney and
shall serve at will in this capacity subject to the Termination provisions
pursuant to Section 3, below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of City Council to terminate the services of Employee at any time
subject only to the provisions set forth in Section 3 below.
1
•
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with
the right of Employee to resign at any time from his position as City
Attorney, subject only to the provisions set forth in Section 3 below.
D. Employee agrees to remain in the exclusive employ of City and further
agrees neither to accept other employment nor to become employed by
any other employer without Council approval, or until this Agreement is
terminated.
SECTION 3. TERMINATION I RESIGNATION
A. In the event the City Council desires to terminate this Agreement with
Employee, an affirmative vote of four (4) or more members of the Council
at any regular meeting or special meeting is required. A lump sum
payment equal to six (6) months of Employee's then current aggregate
salary, the value of City paid dents" and life insurance premiums for six (6)
months, and also six (6) months' equivalent of City's 401A Profit Sharing
contribution will be paid to Employee, in addition to all accrued vacation
and sick leave at 100% value, plus the actual cost of full COBRA health
benefits for the period of six (6) months. These amounts are deemed as
fully earned at the time any termination decision is made official.
Employee shall sign a Waiver and Release of all claims and causes of
action against the City in order to process this pay out provision.
B. in the event Employee resigns on his own volition, Employee shall be paid
all of his accrued salary, vacation and sick leave, all at 100% value, but will
not be paid any other payments as referenced in subsection (A). However,
if he resigns, he shall give Council ninety (90) calendar days' written
notice of such resignation. Council may choose to accept and effectuate
his resignation before the end of the ninety (90) calendar day period, in
which case it shall pay Employee a lump sum cash payment equal to his
unpaid accrued salary, vacation and sick leave, all at 100% value, through
and to Employee's initially announced last day.
C. in the event Employee is terminated because of a conviction relating to
any felony or loss of license to practice law in the State of Arizona, Council
shall have no obligation to make any extra payment referenced in
subsection (A) except for all of Employee's accrued salary, vacation and
sick leave at 100% value. Council reserves the right to suspend any
payment referenced in subsection (A) while felony charges are pending,
or during any proceedings which involve a felony conviction or which
would result in the loss of the license to practice law in the State of
Arizona.
2
SECTION 4. SALARY
A. Effective February 24, 2013, City agrees to pay Employee One Hundred
Thirty Three Thousand Dollars ($133,000.00) per annum for services,
payable in installments at the same time as other employees of the City are
paid. Employee and City may negotiate additional compensation and
benefit terms as they deem fit at any time this Agreement is in effect,
except that: 1) Employee agrees not to seek and be effective any contract
modifications until after January 1, 2015; and 2) the Council shall conduct
an evaluation of Employee starting in April of each year this Agreement is
in effect.
B. City shall also pay Employee any Cost of Living, Base Wage Adjustment or
any other general increase which is passed and adopted by the City
Council applicable to all City employees at any time when this Agreement
is in effect.
SECTION 5. AUTOMOBILE
City will provide Employee with a late model automobile for all City-related
business on a twenty-four (24) hour basis. The automobile may be used to drive
to and from work, but not for personal use other than transportation to and from
work. Due to the confidential nature of Employee's position, the Mayor and City
Council hereby exempt this vehicle pursuant to A.R.S. § 38-538.03(B) from the
marking requirements of A.R.S. § 38-538(B). The City will also provide, at no
cost to Employee, insurance, registration, repairs and maintenance, and
gasoline.
SECTION 6. OTHER SUPPLEMENTAL BENEFITS
A. Vacation Leave. Employee shall on a Fiscal Year basis, accrue thirty (30)
days of vacation (240 hours). On September 1st each year this Agreement
is in effect, City shall pay Employee the equivalent cash value of
Employee's then current hourly rate of any accrued vacation in excess of
One Hundred (100) hours; notwithstanding, Employee agrees to take forty
(40) hours before September 1st each year this agreement is in effect.
B. Sick Leave. Employee shall on an annual basis accrue twelve (12) days of
sick leave. In addition, on September 1st each year this Agreement is in
effect, City shall convert two hundred fifty (250) hours of Employee's
accrued sick leave into a lump sum cash payment and provide such
payment to Employee at Employee's then current hourly rate.
C. Notification. Employee shall notify Mayor and Council of any planned or
unplanned absences from the office which exceed five (5) consecutive
work days.
3
D. Other Benefits. All action taken by Council relating to fringe benefits for
employees in the executive ranges shall be considered actions granting
the same benefits to Employee. The term "fringe benefits" include but are
not limited to vacation, sick leave, holidays, retirement, health, dental,
vision, long-term disability and life insurance. City shall also pay
Employee's annual state and federal active bar memberships.
E. Professional Dues and Seminar Costs. Within the departmental budget,
City will pay for all seminars and educational programs which relate to
municipal issues and those which assist the City Attorney in the
performance of his duties.
F. Deferred Compensation. Employee may contribute to City's approved
Deferred Compensation 457 Plan the maximum amount allowable under
I.R.S. rules and regulations during each calendar year this Agreement is in
effect. Per each Fiscal Year this Agreement is in effect, City shall
contribute on behalf of Employee an amount equal to the then current
maximum allowable 457 Plan amount (under I.R.S. rules and regulations)
into the City's approved 401(A) Profit Sharing Plan identified below. This
City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan
contribution the City has agreed to pay to Employee as otherwise set forth
in subsection (G) below.
G. ICMA 401(A) Profit Sharing Plan. During each Fiscal Year this Agreement
is in effect, City shall contribute on behalf of Employee Thirteen Thousand
Dollars ($13,000.00) into the ICMA 401(A) Profit Sharing Plan. Employee
shall be vested in all contributions at the time the City deposits its first
contribution into the Plan on behalf of the Employee. Nothing in this
paragraph restricts additional Employee contributions into the ICMA
401(A) Profit Sharing Plan.
H. Life Insurance Supplement. In addition to standard City-provided life
insurance, City shall on August 15t4i of every year this Agreement is in
effect reimburse Employee a supplemental life insurance annual premium
not to exceed Three Thousand Dollars ($3,000.00).
SECTION 7. INDEMNIFICATION
City shall defend, save harmless and indemnify Employee against any tort,
professional liability claim or demand or any other legal action, whether
groundless or otherwise, arising out of any alleged act or omission occurring in
the course and scope of performance of Employee's functions and duties. City
will compromise and settle any such claim or suit and pay the amount of all
settlements or judgments rendered against Employee and/or City.
4
SECTION 8. OTHER TERMS AND CONDITIONS
Council, in consultation with Employee, shall fix any such other terms and
conditions of employment, as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not
inconsistent with or conflict with the provisions of this Agreement, the Apache
Junction City Code, or any other statute, ordinance or regulation.
SECTION 9. NOTICES
Notices pursuant to this Agreement shall be in writing and be given by: 1)
personal delivery by the party or their agent; or 2) deposit in the custody of the
United States Postal Service, postage prepaid, return receipt requested, or
private sector overnight or one-day service and addressed as follows or as such
address may be changed from time to time upon notice to the other:
City: Mayor John Insalaco
City of Apache Junction
300 East Superstition Boulevard
Apache Junction, AZ 85119
Employee: Richard Joel Stern
411.1111111110111111111111111101111.11110
Apache Junction, AZ 85119
SECTION 10. ATTORNEY FEES
In the event it becomes necessary for either party to bring legal action to
enforce any provision of this Agreement, the parties agree that the prevailing
party shall be entitled to attorney fees.
SECTION 11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. No
other promises, representations, warranties, or covenants have been relied on
by either party in executing this Agreement.
SECTION 12. ASSIGNMENT
This Agreement is not assignable by either City or Employee.
SECTION 13. SEVERABILITY
City and Employee each believe that the execution, delivery and
performance of this Agreement are in compliance with all applicable laws.
However, in the unlikely event that any provision of this Agreement is declared
5
void or unenforceable (or is construed as requiring City to do any act in violation
of any applicable laws, including any constitutional provision, law, regulation, or
City Code), such provision shall be deemed severed from this Agreement and
this Agreement shall otherwise remain in full force and effect; provided that this
Agreement shall retroactively be deemed reformed to the extent reasonably
possible in such a manner so that the reformed agreement (and any related
agreements effective as of the same date) provide essentially the same rights
and benefits (economic and otherwise) to the City and Employee as if such
severance and reformation were not required. Unless prohibited by applicable
laws, the City and Employee further shall perform all acts and execute,
acknowledge and/or deliver all amendments, instruments and consents
necessary to accomplish and to give effect to the purposes of this Agreement, as
reformed.
IN WITNESS WHEREOF, City and Employee have caused this Agreement
to be executed the day and year first above written.
EMPLOYEE
i3 By:
Date Richard J. Stern
° • ,Y CITY OF APACHE JUNCTION,
an Arizona municipal corporation
3 . 2 - By: /6-1-494-4.---ex____
Date Jor2. Insalaco, Mayor
ATTEST:
x- Kathleen Connelly, City Clerk
6
ROLL CALL VOTE
4\U
NOTES
‘ i\i. ,Y./
1 \
.$\11/4V1 4
'
I
4
(-1\y\\6)
ITEM # \ MEETING OF
MOTION BY: SECONDED BY U"
i
YES NO ABSTAINED
COUNCILMEMBER SERDY
COUNCILMEMBER RIZZI ii
COUNCILMEMBER EVANS /
COUNCILMEMBER WILSON v.
COUNCILMEMBER WALDRON J
VICE MAYOR BARKER �,/
MAYOR INSALACO
UNANI OUS IN FAVOR OPPOSED ABSTAINED
TOTAL
u\
CONSENT AGENDA ITEM NOS. 1-6
I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND
THAT THE CONTRACT RENEWAL BETWEEN THE CITY OF APACHE JUNCTION AND
THE GREATER PHOENIX ECONOMIC COUNCIL (GPEC)FOR ECONOMIC
DEVELOPMENT SERVICES IN AN AMOUNT NOT TO EXCEED $21,186 00 BE
APPROVED, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE
CONTRACT PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND
THAT COUNCILMEMBER SERDY BE REAPPOINTED AS THE CITY'S
REPRESENTATIVE TO THE GPEC BOARD, AND
THAT WE ACKNOWLEDGE RECEIPT OF THE ANNUAL REPORT OF THE APACHE
'� JUNCTION PUBLIC LIBRARY BOARD OF TRUSTEES FOR FISCAL YEAR 2012-2013;
AND
THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT WITH THE CITY
MANAGER, AND THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT
PENDING APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND
THAT THE CITY ATTORNEY EMPLOYMENT AGREEMENT DATED FEBRUARY 19,
2013, BE RATIFIED.
City of Apache Junction, Arizona 300 E Superstition
te Boulevard
' Apache Junction,AZ
85119
Master
File Number: 13-128
File ID. 13-128 Type. Report/Update Status. City Manager's
Report
Version. 1 Reference. In Control. City Council
Meeting
Cost File Created. 06/13/2013
File Name• City Manager's Report Final Action.
Title: City Manager's Report Presentation and discussion.
Notes.
Agenda Date. 07/02/2013
Indexes.
Sponsors. George Hoffman Enactment Date
Attachments Enactment Number.
Contact: Hearing Date.
Drafter. amccray@ajcity net Effective Date.
History of Legislative File
Ver Acting Body. Date Action. Sent To. Due Date• Return Result*
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-128
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
AAP City of Apache Junction, Arizona 300 E Superstition
J$ Boulevard
Apache Junction,AZ
85119
k
�' Master
File Number. 13-136
File ID. 13-136 Type. Report/Update Status. City Manager's
Report
Version. 2 Reference. In Control- City Council
Isakk Meeting
Cost: File Created. 06/19/2013
File Name: Legislative Update 7-2-13 Final Action•
Title. Legislative Update Presentation and discussion.
Notes At the June 18,2013 Legislative Update Councilmember Wilson requested additional detail on
SB 1454 at the July2,2013 Legislative Updatie
Agenda Date• 07/02/2013
Indexes. Budgetary Approval not Required
Sponsors Matt Busby Enactment Date.
Attachments. SB 1454 Bill Summary-As transmitted to governor Enactment Number
Contact. Hearing Date.
Drafter. mbusby@ajcity net Effective Date.
History of Legislative File
Ver• Acting Body Date. Action: Sent To Due Date Return Result.
sion Date:
2 City Council Meeting 07/02/2013
Text of Legislative File 13-136
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
-v��� HOUSE OF REPRESENTATIVES
i W/ '�� SB 1454
campaign finance; in-kind contributions; disclosures
Sponsors: Senators Yee: Barto, Meza, et al.
DP Committee on Judiciary
DPA Caucus and COW
X As Transmitted to the Governor
OVERVIEW
SB 1454 makes numerous changes to statutes governing elections and homeowners'
associations
HISTORY
In 1998, Arizona citizens passed the Citizens Clean Elections Act (CCEA). The CCEA allows a
candidate running for a state level office, who meets certain criteria, to qualify for public
funding Candidates choosing to be a clean elections participant are prohibited from receiving
outside funds. Arizona Revised Statutes (A.R.S ) § 16-941 prohibits participating candidates
from accepting any contributions except $5 qualifying contributions and specified early
contributions
A R S § 16-901 defines contribution to mean any gift or subscription, loan, advance or deposit
of money or anything of value made for the purpose of influencing an election, including
supporting or opposing the recall of a public office or supporting or opposing the circulation of a
petition for a ballot measure, question or proposition or the recall of a public office
Additionally, in-kind contribution is defined as a contribution of goods or services or anything of
value that is not a monetary contribution
An independent expenditure is not a contribution (A.R.S. § 16-901(5)(vi)). And has the same
meaning as it relates to corporations, LLC, and labor organizations (A R S § 16-914.02(M)). An
independent expenditure is defined as an expenditure by a person or political committee, other
than a candidate's campaign committee, that expressly advocates the election or defeat of a
clearly identified candidate, and that is not made in cooperation or consultation with a candidate
or committee or agent of the committee. (A.R.S. §16-901(14)) Reporting requirements for
corporate independent expenditures are governed by A.R.S. § 16-914.02 and are triggered by
specified threshold amounts.
An association, more commonly known as an HOA, is an organization of property owners in a
condominium or planned community These organizations are created to operate shared areas of
their respective communities They are run by a board of directors (Board) that is elected by
members and acts on their behalf.
PROVISIONS
Elections
• Expands the definition of in-kind contribution to include the use by a candidate's campaign
committee of a trade name, trademark or trade dress item, including a logo, owned by a
business or other entity that the candidate owns or has a controlling interest.
Excludes in-kind contributions from the definition of personal monies.
Fifty-first Legislature Analyst Initials
First Regular Session June 18, 2013
SB 1454
• Prohibits participating candidates from using clean elections monies to purchase goods or
services bearing a distinctive trade name, trademark or trade dress item, including a logo, that
is owned by a business or other entity that the candidate owns or has a controlling interest.
> Deems such goods and services unlawful in-kind contributions to the participating
candidate
• Allows a political sign to contain the website address of a candidate, in place of a telephone
number, to meet a condition to prohibit a city, town or county from removing, altering,
defacing or covering the political sign.
• Revises the formula for the random sample of clean election candidate qualifying
contribution forms.
• Requires the county recorder or other officer in charge of elections to prohibit electioneering
at any polling place in which emergency designations exist.
• Replaces references to an emergency exemption with an emergency designation
• Adds that the number of attempts made to find a polling place before granting an emergency
designation be posted on the county recorder's website.
• Defines emergency designation.
• Outlines the following requirements relating to political sign display for condominiums:
• Allows HOAs to prohibit the display of political signs 71 days before the election date
and three days after
• Allows HOAs to regulate the size and number of political signs that may be placed on a
unit owner's property or limited common elements for that unit, if the regulation is no
more restrictive than any applicable city, town or county ordinance
• Prohibits HOAs from limiting the number of political signs if the city, town or ordinance
does not regulate the size and number of political signs on residential property, but caps
the maximum aggregate number of political signs on a unit's property to nine square feet
• Defines political sign
• Contains session law that allows a municipality to lengthen the term of office for its elected
officials in order to comply with the consolidated election dates in statute
• Specifies, as session law, that any local government whose alternate expenditure limit expires
in the Spring of 2014 be exempt from penalties in FY 2015, so long as they seek voter
approval of an alternative expenditure limit in the Fall of 2014.
• Specifies, as session law, that any local government whose alternate expenditure limit expires
in 2015 or 2016 be exempt from penalties in FY 2015, 2016 or 2017 and the amount of the
expenditure limit remain at the level established before the expiration of the alternative
expenditure limit, so long as they seek voter approval of an alternative expenditure limit in
the next election in 2014, 2015 or 2016
• Modifies the definition of contribution to include the acquisition or use of campaign assets,
including campaign signs and other promotional materials, by a committee that are paid for
with the candidate's personal monies and specifies that these items are reportable as a
contribution to the campaign.
• Contains a Proposition 105 clause as it applies to controls on participating candidates'
campaign accounts.
Fifty-first Legislature
First Regular Session 2 June 18, 2013
SB 1454
Cities and Towns; voting
• Conforms election dates held in towns incorporated under common council with the
consolidated election dates in statute
• Establishes the city and town approval voting study committee to consider issues relating to a
city or town establishing an approval voting system and specifies committee membership
• Contains a delayed repeal date of December 31, 2013 for the city and town approval voting
study committee
Planned Communities;Local Governments;Zoning
• Prohibits the planning or zoning entity of a local government from requiring that a developer
establish an association as part of a subdivision approval or zoning ordinance.
• Asserts that a developer cannot be penalized because a real estate subdivision or
development does not constitute or include a planned community
• Permits a local government to require a developer to establish an association to maintain
private, common or community owned improvements that are approved and installed as part
of a preliminary plat, final plat or specific plan.
• Prohibits a local government from requiring that an association be formed or operated other
than for the maintenance of common area or community owned property.
• Specifies that planned communities required under these provisions apply only to those
established in plats recorded after the effective date of this Act
• States that these provisions do not prohibit the establishment or authority of any planned
community otherwise established pursuant to statute or limit a subdivider, developer or
association from requesting and entering into a maintenance agreement with a municipality
or county
Management Companies;Lawful Actions
• Specifies lawful actions for the officers and employees of a management company or other
lawfully formed and operating entity or is contracted with an HOA to provide management
services, including recording a notice of lien or notice of claim of hen against a member's
property and appearing on behalf of an HOA in small claims court under specific conditions.
HOA Voting;Alternative Forms of Delivery
• Allows an HOA to provide for voting by use of electronic mail and facsimile delivery and
states that votes cast by the use of electronic mail and facsimile count towards a quorum.
Office of Administrative Hearings; Filing Fee;Refund
• Requires the filing fee to be refunded to the petitioner upon dismissal of a petition at the
request of the petitioner before a hearing is scheduled or by stipulation of the parties before a
hearing is scheduled
HOA's;Rental Property
• Asserts that a unit or property owner may use their unit or property as a rental property in
accordance with the declaration's rental time period restrictions, unless it is prohibited in the
declaration.
• Allows a unit or property owner, through a written designation, to authorize a third party to
act as their agent with respect to all HOA matters regarding the rental property
Fifty-first Legislature
First Regular Session 3 June 18, 2013
SB 1454
• Directs the unit or property owner to provide the HOA with the written designation, which
authorizes the HOA to conduct all business relating to the rental property through the
designated agent.
• Specifies that notice by the HOA to the designated agent regarding a rental property serves as
notice to the owner
• Prohibits an HOA from requiring an owner or designated agent to disclose any information
regarding a tenant, other than the following'
• Name and contact information for any adults occupying the unit or property.
.•. ➢ Time period of the lease including the beginning and ending dates of the tenancy.
• A description and license plate number of the tenant's vehicles
> A government issued identification that bears a photograph and date of birth, if the unit or
property is in an age restricted community
• Permits an HOA to charge no more than $25 as an administrative fee for each new tenancy
for a unit or property, but not for the renewal of an existing lease.
• Requires the $25 fee to be paid within 15 days of the post marked request.
• Prohibits an HOA from the following
• Assessing or levying any other fee or fine or otherwise impose a requirement on a rental
property that is different than on an owner-occupied unit or property in the association
• Requiring a unit or property owner to provide them with a copy of a rental application,
credit report, lease agreement, rental contract or any other personal information
• Requiring a tenant to sign a waiver or other document limiting their civil rights to due
process as a condition of their occupancy of a rental property
• Restricting or prohibiting a unit owner from serving on the board of directors based on
the owner not being an occupant of the unit
• Imposing any fee, penalty, assessment or other charge of more than $15 for incomplete or
late information.
• Determines any attempt by an HOA to impose a fee, penalty, assessment or other charge not
authorized by statute to void the fee authorized by statute and the requirement to provide
information to the HOA
• Allows an HOA to acquire a credit report on a person in an attempt to collect a debt
Campaign Finance;Revisions
• Modifies the definition of independent expenditure to specify that serving on a host
committee for a fundraising event does not presumptively demonstrate any arrangement,
coordination or direction between the person making the independent expenditure and the
candidate.
• Extends the timeframes (from one to two years) to obtain the necessary 500 $10
contributions and maintain for certification for such status (from two to four years).
• Specifies that the political committee independent expenditure report contain the top three
contributors in the calendar year in which the expenditure is made.
• Conforms the sections of statute related to disclosure statements for independent
expenditures by a political committee with the disclosure requirements currently required for
corporations, LLCs, and labor organizations in the following manner.
Fifty-first Legislature
First Regular Session 4 June 18, 2013
SB 1454
• Requires the disclosure statement to include the words "Paid for by", the name of the
entity making the expenditure and that the entity is not authorized by any candidate or
candidate's campaign committee;
• Requires the disclosure for printed material to be printed clearly and legibly in a
conspicuous manner,
• Provides for how disclosures are made for communication that is broadcast on the radio
by requiring that the disclosure be spoken at the end of the communication
• Requires that communications broadcast on a telecommunications system contain a
disclosure that is both written and spoken at the end of the communication
• Foregoes the spoken disclosure requirement if the written disclosure statement is
displayed for at least five seconds of a thirty second broadcast
Requires the disclosure for printed material to be printed clearly and legibly in a
conspicuous manner including the words "Paid for by",
• Requires that the written disclosure be printed in letters whose height comprises at least
4% of the vertical picture height.
• Deletes language prescribing the format in which disclosures are made for printed
material that is delivered by hand or mail.
• Allows a membership organization, trade association, cooperative or corporation without
capital stock to engage in specified activities related to expenditures if such activities are
directed primarily towards its members
• Allows a person to rely on the following pieces of federal law adopted as of January 1, 2013,
as it relates to USC § 441(B)(2), in interpreting whether specified expenditures in state law
are to be construed as political contributions.
• Federal Election Commission's Rules,
• Policy Statements,
• Interpretive Rules and other guidance
• Allows corporations to solicit funds from their retirees.
• Mirrors the definition of executive or administrative personnel to the definition currently
contained in A R.S. § 16-921.
• Conforms the definition of labor organization to the definition contained in A R S § 16-919.
Miscellaneous
• Contains a severability clause
• Makes technical and conforming changes.
Fifty-first Legislature
First Regular Session 5 June 18, 2013
,: K , City of Apache Junction, Arizona 300E Superstition
Boulevard
re OW
Apache Junction,AZ
85119
Master
File Number: 13-133
File ID 13-133 Type. Discussion/Presentation Status. City Manager's
Report
Version 1 Reference: In Control City Council
..o Meeting
Cost: File Created 06/18/2013
File Name Banner CEO Julie Nunley Presentation Final Action
Title* Presentation and discussion by Julie Nunley, CEO, of Banner Goldfield Medical
Center, on Banner's new Apache Junction location and an overview of the recent
facility enhancements and services available to the community Presentation
and discussion
Notes.
Agenda Date. 07/02/2013
Indexes Community Development
Sponsors. George Hoffman Enactment Date.
Attachments. Enactment Number
Contact. Hearing Date
Drafter. isolley@ajcity net Effective Date.
History of Legislative File
Ver Acting Body Date: Action Sent To Due Date Return Result*
Sion. Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-133
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
City of Apache Junction, Arizona 300 E Superstition
' Boulevard
"'��: Apache Junction,AZ
85119
Master
-41110
File Number: 13-127
File ID• 13-127 Type. Discussion/Presentation Status: City Manager's
Report
Version 1 Reference In Control City Council
..+ Meeting
Cost• File Created. 06/13/2013
File Name. East Valley Rising Project Final Action
Title* Presentation and discussion with Roc Arnett of the East Valley Partnership
regarding the East Valley Rising Project. Presentation and discussion.
Notes.
Agenda Date. 07/02/2013
Indexes. Economic Development
Sponsors. George Hoffman Enactment Date.
Attachments. Enactment Number.
Contact. Hearing Date:
Drafter bduft@ajcity net Effective Date.
History of Legislative File
Ver- Acting Body Date Action• Sent To Due Date Return Result:
Sion
Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-127
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
PUBLIC HEARING
1. For PROPOSED RESOLUTION NO. 13-23,DECLARING THE "CITY OF APACHE
JUNCTION PERSONNEL RULES 2013" A PUBLIC RECORD
2. Will HUMAN RESOURCES DIRECTOR LIZ RILEY speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not,this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
/'1
4?` /:. City of Apache Junction, Arizona 300 E Superstition
„,11 4 Boulevard
s, Apache Junction,AZ
Wr
85119
,I. 4,�11 Master
File Number: 13-153
File ID. 13-153 Type. Resolution Status. Public Hearing
Version. 1 Reference. In Control. City Council
Meeting
Cost: File Created. 06/24/2013
File Name. Resolution No 13-23 Personnel Rules Final Action.
Title. Proposed Resolution No. 13-23, declaring as a public record that certain
document filed with the city clerk entitled "City of Apache Junction Personnel
Rules 2013," repealing any conflicting provisions, providing for severability, and
declaring an emergency Consideration and action.
Notes:
Agenda Date. 07/02/2013
Indexes City Internal Issue
Sponsors. Liz Riley Enactment Date.
Attachments. 2013 Peronnel Rules Memo to CC pdf, 2013 Enactment Number
Resolution No 13-23 City Personnel Rules res pdf,
2013 Personnel Rules pdf
Contact. Hearing Date.
Drafter. amccray@ajcity net Effective Date.
History of Legislative File
..... Ver- Acting Body Date Action Sent To Due Date Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-153
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
1
p
To: The Honorable Mayor Insalaco and City Council Members
Through: George Hoffman, City Manager
From: Elizabeth H. Riley, Director of Human Resources
Date: June 10, 2013
Subject: Personnel Rules, 2013 Revision
The draft revised Personnel Rules presented to you removes the non-career status designation
from the Director/Chief of Police position and thereby the Director/Chief of Police position is
covered by the Personnel Rules, revises the discnmination and harassment Rule to be compliant
with Federal employment law, and lengthens due dates for an appeal to a hearing officer, along
with several language, grammar, and punctuation clanfications. The significant changes are
presented in a table further in this memo In general the following changes are proposed-
Examples of General Changes in the draft Rules:
Date Change. 2012 to 2013
Table of Contents- clean-up
General clean up of language, punctuation, grammar, and underlining and bold
The significant proposed revisions are-
Rule Section Strike- Revision Summary
out page
1 4 8 Removes police chief as an example of
General Applicability, non-career status
Purpose, Enforcement, and
Policy, and Interpretation of
Objectives Personnel Rules
Department of Human Resources
City of Apache Junction
300 E Superstition Blvd
Apache Junction,AZ 85119
480 474 2617
Service Over and Above the Rest
SOAR
2
Rule Section Strikeout Revision Summary
page
5 3 (D) 23 Removes police chief as an example of
Appointments, Attainment of Status- non-career status
Status, and Non-career Status
Probation
12 1 (A), (C), and(D) 67/68 Changed format and revised definition of
Policy against Policy Statement: discrimination, adding genetic information
Discrimination Discrimination and clarified language
Education
Implementation
14 1 and 2 73 Clarified language on relationship to be
Fraternization General Information defined as romantic or close personal
Policy and Prohibitions
18 4 and 6 88/89 Increased time for filing statements and to
Rules for Pre-Heanng quash a subpoena
Hearings Statements
before a Subpoenas
Hearing
Officer
I am hopeful that presenting these items to you and allowing you to ask questions will provide a
greater understanding of the proposed revisions The proposed changes to the Policy against
Discrimination and the Fraternization Policy are a result of consultation with Susan Grace,
former Deputy Director of the Phoenix Division of the EEOC The language is updated and
reflects current law and thinking.
Action requested: Approval of the draft 2013 City of Apache Junction Personnel Rules as
presented and/or with amended language
The Rules will be an agenda item on the June 17, 2013 Work Session and an agenda item at the
July 2, 2013 Regular Council meeting
The draft revised Rules, in tracking mode, are attached to this memo along with the draft revised
without tracking mode
Attachments
c• B Powell
A. Jackson
J. Brooks
Department of Human Resources
City of Apache Junction
300 E Superstition Blvd
Apache Junction,AZ 85119
480 474.2617
Service Over and Above the Rest
SOAR
RESOLUTION NO. 13-23
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
ENTITLED "CITY OF APACHE JUNCTION PERSONNEL RULES
2013, " REPEALING ANY CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, A.R. S . § 9-802 permits municipalities to enact the
provisions of a code or public record in existence without
setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
copies of the code or public record are filed in the Office of
the clerk of the municipality and are made available for public
use and inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802 , such
codes or public record include regulatory provisions such as
personnel rules; and
WHEREAS, it is the intent of the City to declare such
documents and compilations as public records, on file in the
Office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS :
SECTION I IN GENERAL
That certain document entitled "City of Apache Junction
Personnel Rules 2013" three copies of which are on file in the
Office of the City Clerk of the City of Apache Junction,
Arizona, is hereby declared to be a public record, shall be made
available for public use and inspection, and shall remain on
file with the City Clerk.
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the provisions
adopted herein by reference are hereby repealed.
RESOLUTION NO. 13-23
PAGE 1 OF 2
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance or any part of the provisions or regulations
adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION V DECLARING AN EMERGENCY
The immediate operation of the provisions of this Ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency shall be in full force
and effect from and after its passage adoption and approval by
mayor and Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2013 .
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 13-23
PAGE 2 OF 2
ROLL CALL VOTE
NOTES / " /
\-)) 1(‘) )
-
V) (PI\91ti L
ITEM # �� MEETING OF 1\, \\I
(6A)
i4-/
MOTION BY SECONDED BY
I YES NO ABSTAINED
VICE MAYOR BARKER V
COUNCILMEMBER WALDRON
COUNCILMEMBER WILSON J
COUNCILMEMBER EVANS V
COUNCILMEMBER RIZZI
COUNCILMEMBER SERDY
MAYOR INSALACO iii
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 11
I MOVE THAT RESOLUTION NO 13-23, A RESOLUTION OF THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A
PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
ENTITLED "CITY OF APACHE JUNCTION PERSONNEL RULES 2013"; REPEALING
AND CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY, (BE APPROVED) OR(BE DENIED)
Ask
PUBLIC HEARING
1. For PROPOSED ORDINANCE NO. 1390,ADOPTING BY REFERENCE THE "CITY
OF APACHE JUNCTION PERSONNEL RULES 2013"
2. Will HUMAN RESOURCES DIRECTOR LIZ RILEY speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not,this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
City of Apache Junction, Arizona 300E Superstition
t ' Boulevard
'V s Apache Junction,AZ
85119
Master
File Number. 13-154
File ID. 13-154 Type. Ordinance Status. Public Hearing
Version. 1 Reference. In Control. City Council
Meeting
Cost. File Created: 06/24/2013
File Name. Ordinance No 1390 Personnel Rules Final Action.
Title Proposed Ordinance No 1390, adopting by reference that certain document
entitled "City of Apache Junction Personnel Rules 2013", repealing any conflicting
provisions, providing for severability, and declaring an emergency
Consideration and action
Notes.
Agenda Date: 07/02/2013
Indexes. City Internal Issue
Sponsors. Liz Riley Enactment Date-
Attachments 2013 Peronnel Rules Memo to CC pdf, 2013 Enactment Number
Ordinance 1390 City Personnel Rules ord pdf,2013
Personnel Rules pdf
Contact. Hearing Date.
Drafter amccray@ajcity net Effective Date.
History of Legislative File
® Ver- Acting Body Date Action Sent To Due Date Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-154
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
{i +' z
• p
To: The Honorable Mayor Insalaco and City Council Members
Through: George Hoffman, City Manager
From: Elizabeth H. Riley, Director of Human Resources
Date: June 10, 2013
Subject: Personnel Rules, 2013 Revision
The draft revised Personnel Rules presented to you removes the non-career status designation
from the Director/Chief of Police position and thereby the Director/Chief of Police position is
covered by the Personnel Rules, revises the discrimination and harassment Rule to be compliant
with Federal employment law, and lengthens due dates for an appeal to a hearing officer, along
with several language, grammar, and punctuation clarifications. The significant changes are
presented in a table further in this memo. In general the following changes are proposed.
Examples of General Changes in the draft Rules:
Date Change. 2012 to 2013
Table of Contents. clean-up
General clean up of language,punctuation, grammar, and underlining and bold
The significant proposed revisions are.
Rule Section Strike- Revision Summary
out page
1 4 8 Removes police chief as an example of
General Applicability, non-career status
Purpose, Enforcement, and
Policy, and Interpretation of
Objectives Personnel Rules
Department of Human Resources
City of Apache Junction
300 E Superstition Blvd
Apache Junction,AZ 85119
480 474 2617
Service Over and Above the Rest
SOAR
2
Rule Section Strikeout Revision Summary
page
5 3 (D) 23 Removes police chief as an example of
Appointments, Attainment of Status: non-career status
Status, and Non-career Status
Probation
12 1 (A), (C), and (D) 67/68 Changed format and revised definition of
Policy against Policy Statement. discrimination, adding genetic information
Discrimination Discrimination and clarified language
Education
Implementation
14 1 and 2 73 Clarified language on relationship to be
Fraternization General Information defined as romantic or close personal
Policy and Prohibitions
18 4 and 6 88/89 Increased time for filing statements and to
Rules for Pre-Hearing quash a subpoena
Hearings Statements
before a Subpoenas
Hearing
Officer
I am hopeful that presenting these items to you and allowing you to ask questions will provide a
greater understanding of the proposed revisions The proposed changes to the Policy against
Discrimination and the Fraternization Policy are a result of consultation with Susan Grace,
former Deputy Director of the Phoenix Division of the EEOC. The language is updated and
reflects current law and thinking
Action requested. Approval of the draft 2013 City of Apache Junction Personnel Rules as
presented and/or with amended language.
The Rules will be an agenda item on the June 17, 2013 Work Session and an agenda item at the
July 2, 2013 Regular Council meeting
The draft revised Rules, in tracking mode, are attached to this memo along with the draft revised
without tracking mode
Attachments
c• B. Powell
A. Jackson
J Brooks
Department of Human Resources
City of Apache Junction
300 E Superstition Blvd
Apache Junction,AZ 85119
480 474 2617
Service Over and Above the Rest
SOAR
ORDINANCE NO. 1390
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "CITY OF APACHE JUNCTION
PERSONNEL RULES 2013"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, certain provisions of the existing City of Apache
Junction Personnel Rules need to be revised to reflect general
changes consisting of language clarification, grammar and
punctuation, removing non-career status from the Director/Chief of
Police and indicating that the Rules apply to the Director/Chief of
Police, clarifying the definition of discrimination and the City' s
education process for discrimination and harassment, clarifying the
Fraternization Policy, and amending the Rules for Hearings before a
hearing Officers by revising the due date for certain actions; and
WHEREAS, Resolution No. 13-23 declares as public record the
document entitled "City of Apache Junction Personnel Rules 2013";
and
WHEREAS, A.R.S . § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
copies of the code or public record are filed in the office of the
clerk of the municipality and are made available for public use and
inspection; and
WHEREAS, pursuant to A.R.S . §§ 9-801 (1) and 9-802 , public
records may be adopted by reference include those relating to
personnel rules .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
That certain document known as "City of Apache Junction Personnel
Rules 2013", three copies of which are on file in the office of
the City Clerk, which document was made a public record by
Resolution No. 13-23 of the City of Apache Junction, is hereby
ORDINANCE NO. 1390
PAGE 1 OF 3
referred to, adopted, and made a part hereof as if fully set out
in this ordinance, pursuant to A.R. S . § 9-802 .
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the provisions adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the provisions or regulations adopted
herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION V DECLARING AN EMERGENCY
The immediate operation of the provisions of this Ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency shall be in full force and
effect from and after its passage adoption and approval by mayor
and Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2013 .
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S. INSALACO
Mayor
ORDINANCE NO. 1390
PAGE 2 OF 3
ATTEST•
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1390
PAGE 3 OF 3
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Apache Junction Personnel Rules
2013
CITY OF APACHE JUNCTION
PERSONNEL RULES
RULE 1. GENERAL PURPOSE, POLICY, AND OBJECTIVES 7
Section 1. Purpose. ... .. . .. .. 7
Section 2 Policy . . . 7
Section 3 Objectives 7
Section 4 Applicability, Enforcement, and Interpretation of Personnel Rules 8
RULE 2 DEFINITION OF TERMS 9
Section 1 Allocation . .. 9
Section 2 Anniversary Date •• 9
Section 3. Appointment 9
Section 4. Career Status .. 9
Section 5. Class . 9
Section 6. Classification Date . .. .9
Section 7 Classification Plan ............. .... ... ... 9
Section 8 Classified Service 10
Section 9 Compensatory Time 10
Section 10 Creditable Time.. 10
Section 11. Demotion ... ... .......... . 10
Section 12. Department Director . 10
Section 13. Dismissal/Termination 10
Section 14. Eligible List .. ... 10
Section 15 Employee . . 11
Section 16 Human Resources Director .. . 11
Section 17 Job Description ... ...11
Section 18 Lay-off .. . . . ...11
Section 19 Non-classified Positions . . .. 11
Section 20 Overtime Hours . . ......... ... ... ... 12
Section 21. Performance Report... . 12
Section 22. Personnel Ordinance 12
Section 23. Position . . 12
Section 24 Probation Period .. ... .. .. 12
Section 25. Promotion 12
Section 27. Reemployment 13
Section 28. Reinstatement.... . . 13
Section 30. Sick Leave. ... .. ... .. .. 13
Section 31 Suspension 13
Section 32. Transfer ... . . . . ... .... .. .......13
Section 33. Unpaid Absence ... ... . . 13
2
Apache Junction Personnel Rules
2013
Section 34. Vacation 13
Section 35. Written Reprimand 13
Section 36. Written Notice 14
Section 37. Work Period 14
RULE 3. GENERAL PROVISIONS . 15
Section 1 Equal Employment Opportunity . . 15
Adnie Section 2 Loyalty Oaths ... 15
Section 3 Residency Requirements and Use of City Vehicle 15
Section 4. Compliance with the Immigration Reform and Control Act of 1986 16
Section 5. Affirmative Action 16
Section 6. Ethics .. 16
Section 7. Safety 17
Section 8. Gratuities/Solicitations 17
Section 9 Outside Employment 18
RULE 4. RECRUITMENT AND SELECTION 19
Section 1 Policy Statement 19
Section 2 Application Forms 19
Section 3 Recruitment and Selection Process . . ....19
Section 4 Examination Results ..19
Section 5 Eligible Lists 20
Section 6 Hiring of Relatives 20
RULE 5. APPOINTMENTS, STATUS, AND PROBATION 21
Section 1. Types of Positions 21
Section 2. Employee Status 22
Section 3. Attainment of Status 22
Section 4. Probation 23
Section 5. Duration of Probation .... 24
Section 6. Effect of Status on Employee Rights and Privileges 25
Section 7. Types of Appointments... 26
Section 8. Reassignments 26
Section 9 Exempt and Nonexempt Personnel 27
RULE 6. CLASSIFICATION 28
Section 1 Adoption, Amendment, and Revision of Plan .. . 28
Section 2 Classification of Positions 28
Section 3. Reclassification of Positions . .. 28
Section 4. Creation, Abolishment and Reclassification of Positions 29
RULE 7. EMPLOYEE RECORDS 30
Section 1 Policy 30
Section 2 Accessibility 30
Section 3. Contents of Personnel File .30
Section 4. Status Changes 31
RULE 8. ATTENDANCE AND LEAVES 32
3
Apache Junction Personnel Rules
2013
Section 1. Attendance... .... . .. 32
Section 2. Vacation Leave.. 32
Section 3 Sick Leave 33
Section 4 Workers' Compensation ............. .... ... 36
Section 5 Military Leave 36
Section 6 Leave of Absence without Pay 37
Section 7. Leave with Pay 38
Section 8. Jury Leave 38
Section 9. Subpoena Leave.. .. ... 38
Section 10. Administrative Leave 38
Section 11 Bereavement Leave . ....39
Section 12 Holidays 40
Section 13 Birthday Leave ... ......... ... .... .. .. 41
Section 14 Rest Periods . .. 41
Section 15 Family and Medical Leave Policy . . 42
RULE 9. OVERTIME 49
Section 1. Policy 49
Section 2. Exempt and Non-covered Employees. 49
Section 3. Work Period 50
Section 4. Overtime Accrual 50
Section 5. Hours Worked .. 50
Section 6 Calculation of Overtime . . 53
Section 7 Compensatory Time in Lieu of Paid Overtime 53
Section 8 Payment of Compensatory Time at Termination of Employment ...54
Section 9 Substitution of Work Hours between Employees . .. .. 54
Section 10. Travel Time .. 55
RULE 10. PERFORMANCE REPORT. 56
Section 1. Purpose 56
Section 2. Performance Reporting Requirement during Probation.. ........ 56
Section 3. Performance Reporting Requirements Following End of Probation56
Section 4. Unsatisfactory Ratings ... .. .. ... 57
Section 5 Grievance and Appeals Relating to Performance Reports 57
Section 6. Procedure when Anticipated Rating will be Unsatisfactory 57
Section 7 Salary Increase . . ......... ... ... .... .. . .. ...57
RULE 11. DRUG-FREE WORKPLACE POLICY 58
Section 1 Purpose. ... . . . 58
Section 2. Policy Statement . ... 58
Section 3 Definitions . . 58
Section 4 Over-the-counter or Prescribed Medications.. ... . . . 59
Section 5 Applicants and Employees Subject to Testing 60
Section 6. Policy Violation ......62
Section 7 Effect of Failure to Comply with Policy 62
Section 8 Employee and Applicant Consent Form. . 62
Section 9. Rehabilitation . .. 62
4
Apache Junction Personnel Rules
2013
Section 10. Searches 63
Section 11. Confidentiality .. 63
Section 12. Employee Responsibilities 63
Section 13. Management Responsibilities 64
Section 14. Drug and Alcohol Testing Methodology 65
Section 15. Procedures . 65
Section 16 Commercial Driver's License Holders 66
RULE 12. POLICY AGAINST DISCRIMINATION 67
Section 1 Policy Statement 67
Section 2 Initiating a Discrimination or Sexual Harassment Complaint.. 69
Section 3 Investigation Procedure .. 70
Section 4 Discipline 70
Section 5 Reprisals Prohibited 71
RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE 72
Section 1 Policy Statement . 72
Section 2 Prohibitions 72
Section 3 Applicability . .72
Section 4. Initiating a Complaint Involving Violence in the Work Place 72
RULE 14. FRATERNIZATION POLICY 73
Section 1. General Information 73
Section 2. Policy .. 73
Section 3. Reporting Requirements 73
RULE 15. POLITICAL ACTIVITIES 74
RULE 15. POLITICAL ACTIVITIES 74
Section 1. Purpose 74
Section 2. Policy Statement 74
Section 3. City Council Elections 74
Section 4. Other Candidate Elections 75
Section 5. Retaliation Prohibited . . 76
Section 6 Other Permitted Activity 76
Section 7 Protection of Civil Liberties 77
RULE 16. DISCIPLINE 78
Section 1 Disciplinary Actions 78
Section 2. Grounds for Discipline . 78
Section 3. Written Reprimands . 79
Section 4. Pre-Disciplinary Meeting 80
Section 5 Notices of Suspension, Demotion, or Termination . 81
Section 6 Taking Disciplinary Action 82
Section 7. Effect of Technical Omissions 82
RULE 17. GRIEVANCE AND APPEAL PROCEDURES 83
Section 1 Purpose of Grievance and Appeal Procedures 83
5
Apache Junction Personnel Rules
2013
Section 2. General 84
Section 3. Prohibited Grievances and Appeals . ... ... ..........85
Section 4 Grievance Procedure . . 85
Section 5 Time Computation 86
Section 6 Appeal Procedure.. . . .. .. 87
Section 7 Time Extension 87
RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER 88
Section 1. Hearing Officer.. 88
Section 2. Right of Appeal 88
Section 3. Time of Hearing .. •88
Section 4 Pre-Hearing Statements 88
Section 5 Pre-Hearing Conference 89
Section 6 Subpoenas.. ... . ... •.. .......•. • • 89
Section 7 Continuances 90
Section 8 Appeal Hearings 90
RULE 19. SEPARATION OTHER THAN DISMISSAL 93
Section 1. Layoff 93
Section 2. Resignation 94
6
�.
Apache Junction Personnel Rules
2013
Rule 1. General Purpose, Policy, and Objectives
Section 1. Purpose
To establish Personnel Rules for the City of Apache Junction.
Section 2. Policy
The Personnel Rules are enacted to meet the following goals:
1. To provide a uniform system of personnel administration,
2. To promote communication among department directors,
supervisory staff, and employees,
3 To ensure, protect and clarify the rights and responsibilities of
employees
Section 3. Objectives
These Rules are enacted to ensure the following:
1. That recruitment and selection for classified service positions are
competitive with final appointment predicated on job-related
knowledge, ability, skills and qualifications,
2 That classifications reflect the responsibility and difficulty of the
work;
3 That involuntary separation of career status employees be for
cause;
4 That no unlawful discrimination be practiced
7
Apache Junction Personnel Rules
2013
Section 4. Applicability, Enforcement, and Interpretation of
Personnel Rules
These Rules shall apply to all City of Apache Junction career status
employees. Elected officials, city manager, city attorney, and magistrate
judge are not career status employees
The Human Resources Director is responsible for the interpretation and
enforcement of the personnel rules.
In the event the Mayor declares a City emergency/disaster, parts or all of
these Rules may be suspended and temporary operating procedures may
be established in their place.
The City of Apache Junction may modify its practices as appropriate upon
knowledge of an amendment or enactment of a law that may pertain to
employment
8
Apache Junction Personnel Rules
2013
Rule 2. Definition of Terms
The following terms, whenever used in the rules, shall be defined as
follows
Section 1. Allocation
The assignment of a position to its proper class in accordance with the
duties performed and the authority and responsibilities exercised. This is
synonymous with the term classification
Section 2. Anniversary Date
Annual reoccurrence of the date on which an employee was hired.
Section 3. Appointment
The act of filling a position.
Section 4. Career Status
Employees who serve a probationary period and are not temporary,
seasonal, intermittent, part time 19 hours or less, or contractual.
Section 5. Class
A position or group of positions sufficiently similar in duties and
responsibilities that the same or similar requirements for education,
experience, knowledge, ability, and other qualifications may be required
so that the same compensation schedule can be applied.
Section 6. Classification Date
Annual reoccurrence of the date on which an employee was appointed to
a title
Section 7. Classification Plan
The arrangement of positions under separate and distinct classes.
9
Apache Junction Personnel Rules
2013
Section 8. Classified Service
All positions in the City service except for those positions in the non-
classified service, examples of non-classified positions are: city manager,
city attorney, presiding magistrate, director/chief of police, city council
members, and mayor, and contractual positions �►
Section 9. Compensatory Time
Those hours worked in excess of the established number of hours for the
established work period and accrued, rather than compensated as
overtime, in the employee's compensatory bank to be used for authorized
time off.
Section 10. Creditable Time
That period of service during which sick leave and vacation time accrue
Section 11. Demotion
The appointment of an employee from a position in one class to a position
in another class assigned a lower salary group.
Section 12. Department Director
Those officers or employees who are appointed and/or employed as the
principal employee of a department or stand alone division for the
discharge of duties provided by law or of a particular delegated function as
indicated on the organizational chart
Section 13. Dismissal/Termination
An employee's separation from employment for cause.
Section 14. Eligible List
A list of names of persons who have applied for employment in the
classified service and who have qualified for consideration by
demonstrating their fitness for such employment.
10
Apache Junction Personnel Rules
2013
Section 15. Employee
A person who is paid a wage, salary, or stipend from public monies in
accordance with official entries on the City payroll except for City Council
members.
Section 16. Human Resources Director
The Human Resources Director administers the provisions of the
Personnel Rules and City policies affecting employees not specifically
reserved to the City Council, the City Manager, or the Hearing Officer
The Human Resources Director is responsible for the administration of the
merit system. This includes, but is not limited to, interpreting personnel
rules and regulations, the authority to review the hiring, firing, transferring,
promoting, demoting, suspending, resignation, separation, and reinstating
of employees, management of the classification and compensation
system, the performance evaluation system and maintenance of employee
records
Section 17. Job Description
A written statement of the characteristic duties, responsibilities, and
qualification requirements that distinguish a given class from other
classes
Section 18. Lay-off
The separation of an employee occurring when a position in the classified
service has been abolished, or when there is a reduction in force (RIF).
Section 19. Non-classified Positions
Non-classified means the job has no established minimum qualifications
until time of recruitment. Generally this is due to the nature of
appointment and/or responsibilities
The city manager, city attorney, presiding magistrate, director/chief of
police, and city council positions are non-classified positions.
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Section 20. Overtime Hours
Eligible hours in excess of the established number of hours for the
established work period
Section 21. Performance Report
The periodic evaluation of an employee's work.
Section 22. Personnel Ordinance
An ordinance that creates or amends a personnel system for the City of
Apache Junction, Arizona.
Section 23. Position
An aggregation of tasks and responsibilities requiring the services of one
person.
Section 24. Probation Period
A specific period of time following an initial, promotional, re-employment,
transfer or demotion appointment which is a work-test period for the
employee and during which the employee is appointed on a trial basis
Section 25. Promotion
The appointment of an employee from a position in one class to a position
in another class with a higher salary group assignment.
Section 26. Reclassification
The process of allocating positions to a more appropriate class whether
new or existing in the classification plan as a result of material changes in
the duties of the position
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Section 27. Reemployment
The appointment of a former employee during the twelve (12) months
immediately following the employee's separation from the classified
service
Section 28. Reinstatement
The appointment of a person from a layoff list.
Section 29. Separation
The termination of employment by reason of unsatisfactory completion of
the probationary period, lay-off, resignation, retirement, dismissal, or
death
Section 30. Sick Leave
Time off with pay granted by the City to career status and probationary
employees who regularly work in excess of 19 hours per week.
Section 31. Suspension
The temporary separation from employment of an employee with or
without pay for disciplinary purposes
Section 32. Transfer
The appointment of an employee to another department and from a
position in one class to a position in the same class or comparable class.
Section 33. Unpaid Absence
An absence other than one resulting from the use of accruals, paid
emergency absences, or other paid leaves of absence
Section 34. Vacation
Time off with pay granted to employees at the convenience of the City.
Section 35. Written Reprimand
Written disciplinary notice issued to an employee
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Section 36. Written Notice
A written communication delivered in person or by mail
Section 37. Work Period
A fixed and regularly recurring period upon which overtime compensation
may be calculated
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Rule 3. General Provisions
Section 1. Equal Employment Opportunity
The City of Apache Junction provides equal employment opportunities, in
accordance with applicable local, state, and federal laws, to all employees
and applicants for employment without regard to race, color, religion, sex,
national origin, age, or disability
Section 2. Loyalty Oaths
All employees are required to sign a loyalty oath (Oath of Office) upon
employment with the City as required by ARS § 38-231
Section 3. Residency Requirements and Use of City Vehicle
Residency
All employees are encouraged to reside within the corporate limits of the
City of Apache Junction.
The City Manager, City Attorney, Director/Police Chief, Police Captains,
Public Works Director and other persons the City Manager may specify
are designated to be key emergency personnel and are required to live
within a 15 minute response time to their work location
Certified police officers are required to live within a 25 minute response
time to the police department. On a case by case basis, upon written
recommendation of the director/chief of police, the city manager can
provide a written waiver of this requirement for certified police officers
Such waiver will be placed in the officer's personnel file.
Use of City Vehicle
Key emergency personnel shall have the use of a City vehicle 24/7
No employee, who resides outside the corporate limits of the City, unless
designated by the City Manager in writing, shall have the use of a city
vehicle for other than regular working hours
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Section 4. Compliance with the Immigration Reform and Control Act
of 1986
All U S employers are responsible for completion and retention of
Form I-9 for each individual they hire for employment in the United States.
This includes citizens and noncitizens. Acceptable documents are listed
on the back of the form. If the required documentation is not received
from the employee within three (3) business days of the date of hire, the
employee shall be terminated.
Section 5. Affirmative Action
In the City of Apache Junction, an affirmative action program means using
a personnel system designed for inclusion of otherwise qualified workers
in personnel actions, regardless of race, religion, age, sex, physical
handicap, color, national origin, or political or religious opinion or affiliation
The City utilizes both external and internal dissemination of EEO policies
and job opportunities, targeted recruitment if necessary, non-preferential
training programs and internal reviews and evaluation of operations
Section 6. Ethics
It is the employee's ethical obligation to refrain from using his/her
position for any personal gain beyond salary and City provided employee
benefits. It is unethical for any employee to use public influence or
"inside" or confidential information for his/her personal advantage. City
employees are required to comply with conflict of interest laws.
A public employee must never allow him or herself to be placed under any
kind of personal obligation which could allow any person to expect official
favors All employee official acts must be free from the intent of favoritism,
prejudice, personal ambition, or partisan demands
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Section 7. Safety
The City of Apache Junction is committed to provide employees, a safe
and healthy working environment The City makes every effort to comply
with relevant federal and state occupational health and safety laws and to
develop operations, procedures, technologies, and programs
conducive to a safe and healthy work environment.
The City's goal is to minimize health and safety risk exposures to
employees, to the citizens, and to visitors to City facilities All City
employees are expected to work in a manner which maintains safe and
healthy working conditions and adhere to operating practices and
procedures designed to prevent injuries and illnesses.
Each employee has a responsibility to
• Exercise maximum care and good judgment at all times.
• Report all injuries to supervisors and seek first aid regardless of
how minor.
• Report unsafe conditions, equipment, or practices to his/her
supervisor.
• At all times use safety equipment provided by the City
• Conscientiously observe all safety rules and regulations
• Notify his/her supervisor, before beginning the work day, of any
medication he/she is taking which may cause drowsiness or
other side effects that could lead to injury to either him/herself or
to his/her co-workers.
Section 8. Gratuities/Solicitations
It is inappropriate for employees to accept or solicit anything of economic
value such as a gift, gratuity, favor, entertainment, or loan which might
appear to influence official conduct This does not mean that employees
are prohibited from accepting food or refreshments of nominal value on
occasions where the employee is representing the City This also does
not prohibit the acceptance of unsolicited advertising or promotional
material such as pens, pencils, and calendars.
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Section 9. Outside Employment
Outside employment shall not conflict with the position held in the City
Career status employees are to consider the City of Apache Junction as
the primary employer.
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Rule 4. Recruitment and Selection
Section 1. Policy Statement
Career status employees who apply for positions under recruitment and
who meet the minimum qualifications of the position will be considered for
appointment Appointments are based upon fitness for the position.
Section 2. Application Forms
All applicants for positions must complete an application form prescribed
by the City Applications must be signed by the person submitting the
application and become the property of the City.
Section 3. Recruitment and Selection Process
The City may recruit applicants for vacant positions from outside the
classified service and from within the classified service simultaneously if it
is in the best interests of the City to do so Any employee with career
status and who meets the minimum qualifications for the position may
apply for appointment to a vacant position Probationary employees may
apply for appointment to a vacant position with the approval of their
department director
The selection process may consist of, but is not limited to, evaluation of
application material, interviews, written examinations, performance tests,
assessment centers, physical ability tests, probation periods, or any other
appropriate measure of fitness
Section 4. Examination Results
Unless otherwise stated in the testing service agreement, candidates may
inspect their own examination papers,
Each candidate in an examination shall be given notice of examination
results.
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Section 5. Eligible Lists
An eligible list shall remain active for six (6) months or until exhausted,
whichever comes first, and may be extended prior to its expiration date by
action of the Human Resources Director. In no event shall an eligible list
remain active for more than 18 months —
The name of any person appearing on an eligible list shall be removed by
the Human Resources Director if the person whose name on the list
makes written request to have it removed, or if the eligible person fails to
respond to a notice of eligibility mailed to the last known address of
record.
Section 6. Hiring of Relatives
The City shall not permit career status employees related by blood or
marriage to the degree as follows parent, spouse, child, grandparents,
grandchildren, brother, sister(of the one-half as well as the whole), uncle,
aunt, niece, nephew, first cousin, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in law, or sister-in-law to work in the same
department This rule applies to any other relationship which may be
construed to have similarities to either blood or marital relationships,
i.e. adoption, guardianship, etc.
Seasonal, intermittent, contractual and temporary employees may work
within the same department so long as one of the relationships as defined
above are not, or will be, in the seasonal, intermittent, contractual or
temporary's supervisory chain-of-command.
If one or more of the relationships outlined above are created by City
employees working in the same department, one or more of the
employees will be transferred to a position in the City for which they
qualify The transfer will take place at the earliest practical date. If two
people working within the same department marry, one of them shall be
transferred or relocated within the City as soon as practical to ensure they
do not work within the same department.
No person related by blood or marriage as defined above, of an active city
council member, city manager, city attorney, magistrate judge, or
department head, shall be appointed to a position in the City of Apache
Junction Source: ARS 38-481
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Rule 5. Appointments, Status, and Probation
Section 1. Types of Positions
All positions in the City service shall be identified by duration and position
characteristics
A. Duration
1 Unlimited position
A position which has no specified ending date
2 Limited position
A position that has a specified ending date. Examples are
positions created, on a temporary basis, to replace an
employee on leave without pay or positions created to meet
a seasonal need.
B Position Characteristics
1 Full-time
A position in which an employee is generally scheduled to
work forty (40) hours per week
2. Part-time
A position in which an employee is generally scheduled to
work less than forty(40) hours per week
3. Seasonal
A position in which an employee is employed to meet regular
recurring seasonal needs.
4. Intermittent, Temporary, or Per Diem
A position in which an employee works as needed
5 Contractual
A position in which an individual receives compensation and
other benefits per a contract
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Section 2. Employee Status
Every employee in the City service shall hold one of the following status
identifications determined by position characteristics, probation
requirements, or both
A Initial probationary status
B Career status
C. Transitional probationary status
D. Non-career status
Section 3. Attainment of Status
A Initial probation
Every person when first appointed or re-employed to a full-time or
part-time City position, other than a non-career status position, shall
hold initial probationary status for the probation period, which is one
(1) year, unless they are appointed to a title which requires AZ
POST certification, refer to Rule 5, Section 5
In the event of placement from a layoff list, the employee will not
serve a probation period unless the employee is appointed from a
layoff list and there was time remaining in his/her probation period
in the title appointed, in which case the employee will complete the
time remaining in his/her probationary period.
B Career Status
Employees attain career status through successful completion of
the probation period, which may be evidenced by an end of
probation notification.
An employee promoted while on initial probation shall attain career
status in the former position upon satisfactory completion of the
number of months remaining in the probation period in the former
position. In order to achieve career status in the position to which
promoted, the employee shall serve the probation period required
for that position in transitional probationary status.
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Transitional probation
Every career status employee who is promoted, transferred, or
voluntarily demoted shall hold transitional probation status for the
full probationary period of the new position where a probation
period is required The transitional probation period is six (6)
months. In the event of placement due to layoff action, the
employee will not serve a probation period, however, if an
employee is appointed from a layoff list and to a title in which there
was time remaining in his/her probation period, the employee will
complete the time remaining in his/her probation period.
D. Non-career Status
Employees who are appointed to limited, intermittent, seasonal,
part time 19 or less hours, or contractual positions shall hold
non-career status for the duration of the appointment and shall not
serve a probation period Non-career status employees include
contract employees such as the city manager, city attorney, and
presiding magistrate
Section 4. Probation
Probation periods shall be regarded as integral parts of the recruitment and
selection process and shall be utilized for close observation of the employee's
work, performance of duties,job dedication and for securing the most effective
adjustment of a new employee to the position and to separate or demote an
employee whose performance does not meet required standards in accordance
with the following:
A Separation during initial probation
An employee in initial probationary status may be separated at any time
without cause and without right of appeal
After discussion with, and the recommendation of the Human Resources
Director, the department director is responsible for notifying the
probationer and the Human Resources Director of an employee's pending
separation, probation extension, or attainment of career status It is
recommended that notification to the probationer and the Human
Resources Director be up to two (2) weeks prior to the action and
probation period end
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B. Separation during transitional probation
An employee in transitional probationary status may be separated if the
employee does not perform satisfactorily during the transitional probation
period An employee in transitional probationary status has no right to
return to his/her former position.
The Department director is responsible for notifying the probationer and
the Human Resources Director, prior to the end of the probation period, of
successful or unsuccessful completion of probation.
Section 5. Duration of Probation
A. Initial
The initial probation period shall be one (1) year of actual service from the
date of appointment, except for police personnel in titles requiring AZ Post
certification.
The initial probation period for titles requiring AZ Post certification shall be
one (1) year, providing they hold AZ POST certification at time of
appointment. Those not holding AZ Post certification at time of
appointment and where AZ Post Certification is required to continue in the
title shall serve a fifteen (15) month probation period.
At the request of a department director, the Human Resources Director
may approve an extension of the initial probation period, to a maximum of
three (3) months actual service
B Transitional
The transitional probation period shall be six (6) months from applicable
action and is required for transfers, promotions, and voluntary demotions
unless requested to be waived by the Department director and approved
by the Human Resources Director
At the request of a department director, the Human Resources Director
may approve the extension of the transitional probation period for up to
three (3) months actual service
Actual service shall be measured in calendar days, regardless of whether
the position has a full-time or part-time work schedule.
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Section 6. Effect of Status on Employee Rights and Privileges
A Employees in Initial Probationary Status
1 May be separated or demoted at any time for any reason without
cause except for unlawful discrimination as defined in Rule 17,
Grievance and Appeal Procedures,
2. May not grieve or appeal any decision relating to his or her
employment, including dismissal, except for alleged unlawful
discrimination as provided in Rule 17, Grievance and Appeal
Procedures
B Employee in Career Status
1 May be disciplined or dismissed only for cause;
2. May file a grievance or appeal for the reasons specified in Rule 17,
Grievance, and Appeal Procedures;
3 May receive reinstatement appointments without serving a new
probation period
C Employees in Transitional Probationary Status
An employee in transitional probationary status and who has
completed an initial probationary status has the rights and privileges of
an employee in career status.
However, an employee in transitional probationary status has no right
to return to his/her former position and may be discharged upon
unsuccessful completion of his/her probationary period
D Employees in Non-career Status
1. May be separated at any time;
2. May not grieve or appeal any employment decision or action under
these rules except on grounds of unlawful discrimination as defined
in Rule 17, Grievance and Appeal Procedures
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Section 7. Types of Appointments
A. Promotion Appointment
The appointment of a career status employee from a position in one class
to a career position in another class assigned a higher salary group
B Reinstatement Appointment
The appointment of a person who has been laid off from a classified
position and which is made from a layoff list as a result of an approved
vacancy.
C. Re-employment Appointment
The re-employment of a former employee during the twelve (12) months
immediately following the employee's separation from the City service.
D Transfer Appointment
The appointment of a career status employee from one department to
another department and from a position in one class to a position in the
same or comparable class
No employee shall be transferred to a position for which the employee
does not possess the minimum qualifications. Both department directors
must consent to the transfer.
E Demotion Appointment
The appointment of a career status employee from a position in one class
to a position in another class assigned a lower salary group.
1 A department director may demote an employee whose ability to
perform required duties falls below standard or for disciplinary
purposes. Written notice of the demotion shall be in accordance
with Rule 16, Discipline, Section 4, Pre-disciplinary Meeting
2 An employee may voluntarily demote to a lower level position
provided the employee meets the minimum qualifications for the
position and the affected department directors consent to the
demotion
Section 8. Reassignments
A department director may assign or reassign an employee at any time to
any position within the employee's classification and in the same
department
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Section 9. Exempt and Nonexempt Personnel
An employee is designated exempt or nonexempt in accordance with the
Fair Labor Standards Act (FLSA)
A Exempt Employees
Executive, administrative, or professional employees, who meet the
criteria established by the FLSA as amended, are exempt from
overtime pay Notwithstanding any other provision of these Personnel
Rules or any other policy of the City of Apache Junction, all executive,
administrative and professional employees shall receive a salary that is
not subject to deduction for absences of less than one (1) day unless
those absences are covered by the Federal Family and Medical Leave
Act (FMLA) or the deduction is a penalty or disciplinary measure taken
for infractions of safety rules of major significance. The FLSA allows
deductions for one or more full days for infractions of workplace
conduct rules (FLSA¶221 Disciplinary Deductions)
B. Nonexempt Employees
Nonexempt employees are FLSA covered employees who do not meet
the criteria for exempt employees. Non-exempt employees must be
compensated at time and one-half their regular rate of pay for all hours
worked in excess of 40 within the position's designated 7-day work
period. Nonexempt employees shall be compensated for overtime in
accordance with Rule 9, Overtime
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Rule 6. Classification
Section 1. Adoption, Amendment, and Revision of Plan
A classification plan adopted by the city council shall be maintained by the
Human Resources Department and may be amended from time to time by
resolution of the city council or through action of the city manager pursuant to
these rules.
Requests for amendments and revisions to the classification plan requiring city
council action are presented to the city council by the Human Resources Director
or his/her designee through the city manager
Section 2. Classification of Positions
The Human Resources Director is responsible for classifying every position in the
classified service.
Section 3. Reclassification of Positions
A filled position may be reclassified from one class to another class on an
individual basis by the Human Resources Director under the following
circumstances:
A. Significant changes have occurred in the level of duties and
responsibilities of the position, rather than changes in the performance
of the incumbent; and
B Such change has been gradual, rather than resulting from assignments
to a specific employee in a short period of time, and
C Such changes in duties and responsibilities are of a permanent nature.
D. The department director or an incumbent may request a classification
review of the position. The request shall be in writing and to the Human
Resources department.
E. The determination by the Human Resources Director of the appropriate
class shall be final and is not subject to the grievance or appeal
procedure.
Reclassification shall not be used for the purpose of avoiding conditions for
demotions and promotions.
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Section 4. Creation, Abolishment and Reclassification of Positions
Creation, abolishment, and reclassification of positions in salary group 67 and
above may be initiated by the Human Resources Director to the city council
through the city manager. The city council may amend the classification plan as
appropriate
In response to city staffing needs, the City Manager has the authority to modify
the classification plan for positions in salary group 66 and below
ek
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Rule 7. Employee Records
Section 1. Policy
The official employee personnel file is maintained by the Department of Human
Resources
Employee records will be kept confidential except as required by State or Federal
law
Section 2. Accessibility
Employee records considered public records are available pursuant to Arizona
Law.
Employee personnel records maintained by the city are accessible to the
following
A City Manager, Human Resources department staff, employee, department
director, and supervisor
B. The employee for review of his/her own individual personnel file.
An employee may review his/her official personnel file by appointment
Employees shall not remove any records from the personnel file but may
obtain copies of records.
C City department director and supervisor considering appointment of a city
employee, who has responded to a bona fide recruitment
D Legal representatives of the employee and the city.
E Records that are subpoenaed.
F Any person or organization with a signed written release statement from
the employee
Section 3. Contents of Personnel File
No documents pertaining to discipline or other matters of a negative nature shall
be placed in an employee's personnel file without the prior knowledge of the
employee and the employee's department director.
Employees may place into their personnel file their written response to any
evaluation, report, disciplinary action, or other documentation put into the file by
the city. Such written response shall be submitted to the department director
with a notation on the response that it is copied to the Human Resources
department Upon receipt in Human Resources the response shall be placed in
the employee's file.
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Section 4. Status Changes
The employee shall keep the Human Resources Department informed of his/her
current address and telephone number as well as any change in marital status or
number of dependents.
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Rule 8. Attendance and Leaves
Section 1. Attendance
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays, and leaves All departments shall keep daily
attendance records of employees
An employee shall be considered absent without leave when absent from work
for three (3) or more consecutive working days without authorization This
absence is automatically considered resignation by job abandonment
Tardiness and/or absenteeism or pattern of absences and/or tardiness may
result in disciplinary action.
Section 2. Vacation Leave
Employees shall be entitled to annual vacation leave with pay except the
following
A. Employees who have served less than six months in the service of the
City
B Employees who work less than 1,040 hours per year
Upon completion of six (6) months of actual service, each eligible employee shall
be credited with up to forty-eight (48) hours of vacation and shall accrue vacation
thereafter at the rate specified in this rule.
All vacation leaves are to be taken at the convenience of the department and
shall be approved in writing, or through automation, by the department director or
his/her designee
Vacation credits shall not be allowed to accumulate in excess of 320 hours at the
first of January of any calendar year. Any carryover of vacation credits in excess
of 320 hours at the first of any calendar year becomes void at that time.
It is the responsibility of the employee to schedule his/her vacation time in
compliance with departmental workloads and needs
In cases where employees are unable to use accrued vacation due to
department workload, an exception may be made with city manager approval.
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The annual vacation leave is as follows for employees working 2,080 annually
1 year - 4 years 96 hours
5 years - 9 years 120 hours
10 years - 14 years 144 hours
15 years or more 192 hours
Vacation leave credits are pro-rated for employees who work between 1,040 and
2,080 hours annually. Vacation leave accrual is based on continuous active
employment and will not accrue during a pay period when on unpaid status for
the full pay period.
Section 3. Sick Leave
In accordance with the provisions set forth in this section, employees who
become ill or are injured may use available sick leave credits Use of sick leave
credits shall not be considered a right but rather a privilege and shall be allowed
only under the conditions outlined in this Section.
A Accrual
1. All career status and probationary employees who work 20 hours or
more a week earn sick leave credits Employees who work 40
hours per week accrue eight (8) hours each month Employees
who work a minimum of 20 hours but less than 40 hours weekly
accrue sick leave on a prorated basis
ION\
2. The employee must have completed thirty (30) days of employment
before sick leave credits are granted.
3 Accrual of sick leave credits is based on continuous active
employment and will not accrue during a pay period when an
employee is on unpaid status for the full pay period
4. All employees may bank a maximum of 1,040 hours. Sick leave
credit is neither earned nor posted when an employee is at the
maximum
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B. Use of Sick Leave Credits
1 Sick leave credits may be used for absences due to illness or injury,
dental, optical, or medical appointments, quarantine regulations, and
serious illness of the employee, or when through exposure to a
contagious disease a physician certifies that the employee's presence
jeopardizes the health of others
2 Employees shall notify their immediate supervisor prior to, or within
one hour, of the employee's scheduled starting time An employee
must notify his/her supervisor on each day of absence unless other
arrangements have been made with the supervisor Failure to do so
will result in the employee being absent without leave and may result
in disciplinary action
- Department directors may establish written sick leave reporting
procedures which differ from this standard for their department
or specific division/units within their department or for individual
workloads.
3 Family Sick Leave
- No more than 40 hours of sick leave credit each calendar year
may be taken in cases in which an employee is absent for
reasons of illness or injury, dental, optical or medical
appointments for his/her immediate family or foster child
- Immediate family includes parents, spouse, children, brother,
sister, grandparents, grandchildren or any relative who resides
with the employee
4 Upon approval by the department director, employees who have
exhausted their sick leave credits may substitute their accumulated
vacation leave credits during absence as set forth in this Section
- Should an employee require an unpaid leave to support their
absence because all accruals have been exhausted and there
are no leave donations, Rule 8 Section 6. Leave of Absence
without Pay applies.
5. Sick leave credits shall not be granted in advance of accrual.
6 If the employee did not submit a Leave Request prior to the absence,
the employee shall do so immediately upon his/her return to work or
upon request.
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C Investigation of Sick Leave
1. Department directors may investigate the alleged illness of an
employee absent on sick leave. False or fraudulent use of sick leave
shall be cause for disciplinary action up to and including termination
2 A department director may require submission of evidence from a
licensed health-care practitioner substantiating the need for sick leave.
If the department director determines the evidence is inadequate, the
absence shall be charged to another category of leave or considered an
unauthorized absence.
D Employer-initiated Exam
When a department director has reason to believe an employee should
not work due to illness, injury, or performance issues that may relate to
fitness for duty, the department director may seek approval of the Human
Resources Director, to require an employee be examined by a licensed
health-care practitioner. The licensed health-care practitioner shall be
designated by the Human Resources Director.
If the licensed health-care practitioner determines that the employee
should not work due to illness or injury, the department director may place
the employee on sick leave, or if the employee's sick leave is exhausted,
on other leave as appropriate
If the licensed health-care practitioner determines that the employee
cannot perform the essential functions of his/her regular class, the
department director and Human Resources Director will investigate
possible reasonable accommodation for the employee The department
director may require the employee to obtain approval from the licensed
health-care practitioner prior to the employee's return to his/her former
class.
The City pays for all examinations required pursuant to an employer
initiated exam The employee shall not be charged any leave credits while
participating in or traveling to or from any examination required pursuant
to an employer initiated exam.
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E. Sick Leave Payout
The City offers a payout upon an employee death or when an employee
resigns in good standing Reference Rule 19 Section 2.
The payout shall be as follows:
Hours between 0 — 320 @ 0%
Hours between 321 — 639 @ 50%
Hours between 640 — 1040 @ 25%
F Donation of Sick Leave Hours between Employees
Donation of sick or vacation leave hours are established by
Administrative Procedure
Section 4. Workers' Compensation
Workers' compensation and on the job illness or injury procedures are
established by administrative procedure
Employees who sustain a job related injury compensable under the Arizona
Workers' Compensation law are covered by the provisions of that law.
Section 5. Military Leave
Military leave shall be granted in accordance with State and Federal law.
All employees entitled to military leave shall give their supervisors an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken. The request process for this leave is established in the City's
Administrative Procedures
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Section 6. Leave of Absence without Pay
A written request for a Leave of Absence without Pay must be submitted to the
employee's department director The employee's department director reviews
the request and if supported, submits it with his/her support for the leave to the
Human Resources director for consideration
Leave shall be granted only upon written approval of the Human Resources
Director, and may be granted for no more than three (3) months in a 12 month
period.
A leave of absence without pay may be granted for up to 12 months, if the
absence is due to a workers' compensation covered event.
Benefits, Accruals, Holidays
- The employee's health and dental benefits will be cancelled
- The employee may, at his/her option continue health and
dental coverage through COBRA
- The city's Human Resources Office will issue a COBRA letter
and the employee may elect to continue his/her health and
dental insurance and pay the full premium (employee and
employer portion) plus 2%
- credits do not accrue
- the employee is not entitled to compensation for holidays that
are eligible for holiday pay
Retirement Credit
- The employee is encouraged to consult with his/her retirement
system for information regarding retirement service credit and
his/her leave of absence without pay
Termination of Leave of Absence without Pay
- An employee on a Leave of Absence without Pay is not
protected from changes at work and is not entitled to any
greater restoration right than those of an employee not taking a
Leave of Absence without Pay Upon return from an approved
leave of absence without pay, the employee shall be reinstated
to the position held at the time leave was granted, only if the
position is available
- Failure on the part of an employee to report to duty upon
expiration of the leave shall be cause for discharge. The
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effective date of discharge will be the first date of leave of
absence without pay.
Section 7. Leave with Pay
Upon request by the department director to the Human Resources director and
upon written approval by the Human Resources director, leave with pay for
sufficient cause may be granted to career status employees up to and including
five (5) consecutive working days or ten (10) total working days in any twelve-
month period
Extended periods of leave with pay may not be granted except by express
approval of the department director and city manager.
Section 8. Jury Leave
Career status employees who are called to meet an obligation as a citizen by
serving on juries, will be granted time off with pay for jury duty. Compensation
received by the employee, except mileage fees, will be paid by the employee to
the City of Apache Junction
Section 9. Subpoena Leave
If the subpoena or other order of the court appearance is City related, the --
employee's compensation will not be affected for the work hours missed as a
result of the subpoena or other order.
If the subpoena or other order of the Court is not City related, employees who are
regularly scheduled to work 20 hours or more in a week shall be excused without
compensation from their duties.
Section 10. Administrative Leave
With the approval of the Human Resources director, employees may be placed
on paid administrative leave while conduct is being investigated and/or possible
disciplinary action is being contemplated or the employee is undergoing fitness
for duty exams and while the City is awaiting the results of such exams
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Employees on administrative leave are subject to the Personnel Rules and other
City policies/procedures, and may be required to report to their supervisor on a
regular basis
Section 11. Bereavement Leave
Ink
Employees are permitted up to forty (40) hours bereavement leave, due to the
death of his or her parent, child, sibling, spouse, or relative who is an actual
member of the employee's household
Employees are permitted up to three (3) days of bereavement leave due to the
death of a grandchild, grandparent, parent-in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half-
brother, half-sister, or foster care child.
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Section 12. Holidays
The City may observe the following holidays:
1 "New Year's Day" r.
2. Third Monday in January,-"Martin Luther King, Jr/Civil Rights Day"
3. Third Monday in February, "President's Day"
4. Last Monday in May, "Memorial Day"
5. "Independence Day"
6 First Monday in September, "Labor Day"
7 Second Monday in October, "Columbus Day"
8 "Veterans Day"
9 "Thanksgiving Day"
10.The Day After Thanksgiving Day
11."Christmas Day"
To observe a holiday means to close City Hall and City administrative offices.
The observed holiday may or may not be a paid holiday When City observed
holidays fall on a Saturday, the preceding Friday will be considered the holiday.
When an observed holiday falls on a Sunday, the following Monday will be
considered the holiday. Public Safety and other employees may be required to
be on duty for City observed holidays.
Each year, on or before June 1st, the City Manager posts a list of observed
holidays and indicates which holidays are eligible for holiday pay.
The City allocates 88 holiday hours annually to full time employees, and 55
annually to part time employees (20 hours or more per week); holiday hours in
excess of those designated for paid City holidays will be converted to personal
leave hours and will be deposited in the employee's personal leave bank
The holiday hours deposited into the personal leave bank shall be approved for
use at such time that is mutually agreeable to the employee and the employee's
supervisor. Personal leave hours will not be available for use on an unplanned
or call-in basis. Personal leave hours not used by June 30th of each year will be
forfeited. In addition, all personal leave hours remaining, but not taken prior to
the last day of employment with the City, shall be forfeited
For those holidays eligible for holiday pay, the employee must be on pay status
their scheduled day before and day after the holiday This means if an employee
is on leave without pay or in any other no pay status he/she will not be paid for
the holiday.
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Section 13. Birthday Leave
Full time employees working 32 or more hours per week are given eight (8) hours
and part time employees working between 24 and 31 hours per week are given
five (5) hours on July 1st of the year to be used as Birthday Leave.
Prior to taking birthday leave, an employee shall obtain approval from his/her
department director The leave may be taken at a time mutually agreed to
between the employee and the department director or his/her designee
Employees are encouraged to use their birthday leave hours within 30 days of
their birthday, however if birthday leave hours are not used by the end of the
fiscal year in which they were granted, they will be lost, birthday leave hours are
not carried over
Section 14. Rest Periods
Employees may be granted two separate rest periods of fifteen (15) minutes
each during a work shift. Rest periods shall be counted as time worked.
Rest periods shall not be combined or used to provide an extended rest or lunch
period or shorten the workday
Compensatory time or overtime pay shall not be granted for rest periods not
received or taken or for work performed during the rest period
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Section 15. Family and Medical Leave Policy
A Basic Leave
The Family Medical Leave Act (FMLA) provides eligible employees with
up to 12 workweeks of job protected leave in a twelve-month period and +�
requires group health benefits to be maintained during the leave as if the
employee continued to work instead of taking leave
An employee may be eligible to have his/her leave designated as FMLA
leave when attending to the birth, adoption, or foster care placement of a
child or to attend to their own serious health condition or the serious health
condition of the employee's parent, spouse, son, or daughter, or because
of any qualifying exigency arising out of the fact that the spouse, son,
daughter, or parent of the employee is on active duty or has been notified
of an impending call to active duty status in support of a contingency
operation.
B Qualified Exigency Leave
An eligible employee can take up to12 weeks of FMLA designated
leave to address qualified exigencies related to the employee's spouse,
son, daughter, or parent being on active duty or being called to active duty
status in the National Guard or Military Reserves
C Military Caregiver Leave
The FMLA includes a leave designation that permits eligible employees to
take up to a combined total of 26 weeks of leave (Basic and Military
Caregiver Leave) to care for a covered service member (next of kin)who
is recovering from a serious illness or injury sustained in the line of duty
while on active duty.
D The City of Apache Junction under the FMLA
- Uses a rolling 12 months, measured backward from the date an
employee uses any leave designated as family medical leave
- Requires the use of accrued leave time as allowed in the Personnel
Rules to run concurrent with the designation of family medical leave
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E Definitions
For the purpose of designation of leave as family and medical leave the
following definitions apply:
1 Immediate Family A parent, spouse, son, or daughter is defined
as follows
a) Parent The biological parent of an employee, an individual
who stood in place of the parent to that employee, or an
employee who has day-to-day responsibilities of caring for a
child.
b) Daughter or Son: a biological, adopted, or foster child; a
stepchild; a legal ward; or child of a person standing in the
place of a parent who is under 18 years of age or 18 years of
age or older and incapable of self-care because of mental or
physical disability
c) Spouse a husband or wife as defined or recognized under
State law for purposes of marriage, including common law
marriage in States where it is recognized. A spouse does
not include unmarried domestic partners.
2. Next of Kin (Military Caregiver Leave): the nearest blood relative
other than the covered service member's spouse, parent, son or
daughter, in the following order of priority: Blood relatives who have
been granted legal custody of the covered service member by court
of decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the
covered service member has specifically designated in writing
another blood relative as his or her nearest blood relative for
purposes of military caregiver leave under the FMLA
3. Serious Health Condition: an illness, injury, impairment, or physical
or mental condition that involves in-patient care in a hospital,
hospice, or residential medical care facility or any subsequent
treatment in connection with such in-patient care or continuing
treatment by a health care provider.
Per the FMLA, examples of situations that do not normally meet the
definition of a serious health condition are; conditions for which
cosmetic treatments are administered, the common cold, the flu,
earaches, upset stomach, minor ulcers, headaches other than
migraine, routine dental or orthodontia problems, periodontal
disease, etc.
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F Eligibility for Family and Medical Leave
1 Who is eligible for leave designation under the Family and Medical
Leave Act Eligible employees are those who have been employed
by the City for at least 12 months and have worked (including paid
absences)for a period of not less than 1250 hours during the
preceding 12 months.
2. When Family and Medical Leave may be Designated Leave may
be designated as Family and Medical leave for the following
reasons:
a. The birth, adoption, or foster care placement of a son or
daughter if the leave is taken within 12 months of the birth,
adoption, or placement
b The serious health condition of a parent, spouse, son, or
daughter;
c The employee's own serious health condition, which
prevents the performance of the essential functions of the
job
d. Eligible employees with a spouse, son, daughter, or parent
on active duty or called to active duty status in the National
Guard, or Military reserves in support of a contingency
operation may use 12-weeks FMLA to address certain
qualifying exigencies, examples are attend certain military
events, arrange for alternative childcare, address certain
financial and legal matters, attend certain counseling
sessions, and attend post-deployment reintegration
briefings (Qualified Exigency Leave) 29 CFR 825.126
e To care for a current member of the Armed Forces who
has serious injury or illness incurred in the line of duty on
active duty, and who is the spouse, son, daughter, parent,
or next of kin of the employee. Eligible employees may
use a combined total of 26 weeks (FMLA and Military
Caregiver Leave). 29 CFR 825 127
G. Duration of Family and Medical Leave
Eligible employees are allowed to be granted up to12 weeks of leave for
basic FMLA and Exigency Leave and up to a combined total of 26 weeks
for leave under the military caregiver provision of the FMLA in a 12-month
period The 12-month period is computed as a rolling 12-month period
measured backward from the date leave is used
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H Designation of leave under the FMLA
The following are the terms and conditions for the designation of leave
under the FMLA
1 In the case of the employee's own serious health condition, the
employee shall use all accrued sick leave before using accrued
vacation leave
2. All accrued vacation leave shall be used before unpaid leave may
be used.
3 The amount of unpaid leave available shall be the time remaining
after having deducted the eligible accrued paid leave time from the
12 weeks, or 26 weeks if applicable, of designated leave allowed
under the FMLA In the event that unpaid time is to be designated
under the FMLA, this time will be applied to the employee as Leave
of Absence without pay.
4. In the case where both husband and wife are employees of the
City, twelve (12) weeks of leave designated as family and medical
leave may be used by each employee in any 12-month period for
any event qualifying under the basic or exigency FMLA, or 26
weeks if Military Caregiver leave is used
I Reduced or Intermittent Leave
1. Intermittent or reduced leave shall be granted for the employee's
own serious health condition or the serious health condition of the
employee's spouse, parent, son, or daughter, or due to qualifying
events as described in the military family leave provision
2. Intermittent or reduced leave for the birth, adoption, or foster
placement of a child will be allowed only with the consent of the
department director and the Human Resources Director and the
use of intermittent or reduced leave shall be limited to a period of
twelve (12) consecutive weeks
3. The department director may temporarily transfer the employee to a
position that better accommodates the leave, provided the transfer
does not deprive the employee of hours that he or she is otherwise
available to work
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J. Notice Requirements
1. Thirty-day-notice Requirement: An employee who has a
preplanned FMLA qualifying event under the FMLA must give his or
her department director thirty(30) days advance notice where
practical. The notice may be verbal and the department director
shall document the request for leave and provide a copy to Human
Resources. If it is necessary that the leave begin in less than thirty
(30) days, the employee must provide such notice as is practical
2. Sanctions for Failure to Provide Notice If the employee could have
provided thirty (30) days advance notice to the department director
but did not, the City may deny designation of leave for thirty (30)
days after the employee provides notice
3 Designation of Leave as Family and Medical Leave It is the
responsibility of the City to designate leave, paid or unpaid, as
qualifying under the FMLA. The City may inquire further if the
employee does not provide sufficient information to enable the City
to designate the leave under the Act.
K. Medical Certification and Reporting Requirements
1 The City may require that designated leave related to a serious health
condition be supported by a certification issued by the employee's
health care provider, or the health care provider of the employee's
spouse, daughter, son, or parent, as appropriate A copy of this
certification shall be provided to Human Resources within fifteen (15)
calendar days of the request for certification
2. The certification must include the following
a The date on which the serious health condition commenced;
b The anticipated duration of the condition;
c The appropriate medical facts within the knowledge of the
health care provider regarding the condition;
d. A statement that the employee is needed to care for the
daughter, son, spouse, or parent as appropriate
e. An estimate of the amount of time that the employee is needed
to care for the daughter, son, spouse, or parent as appropriate.
3 Failure to provide certification within fifteen (15) calendar days may
result in denial of leave designated under the FMLA until a
certification is provided.
4 If the Human Resources Director questions the validity of the
certification, the Human Resources Director may require the
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employee, at the City's expense, to obtain a second certification If
the second opinion conflicts with the original opinion, the City may
require, at its expense, the employee obtain the opinion of a third
health care provider selected jointly by the City and the employee
The third opinion shall be final and binding on both parties.
5. The Human Resources Director may require the employee obtain
subsequent recertification. This includes the need for intermittent
leave.
6. All records or documents provided by a health care provider in
response to a request to verify the necessity of leave designated
under the FMLA shall be maintained in separate files and treated as
confidential medical records.
L. Effect of an unpaid Family and Medical Leave Designation on Accruals,
Service, and Benefits
1. Accruals
a. While on unpaid leave an employee will not lose any credits
accrued and unused before the date on which his/her leave is
designated
b The employee will not accrue vacation or sick leave credits
c If the employee is not compensated in a month, retirement
service credit will not accrue
d The employee is not entitled to holiday pay
2 City Service.
a The unpaid absence will not constitute a break in City service
for seniority purposes
3. Health/Dental Coverage
a. The employee is entitled to have his/her health and dental
benefits maintained while on leave as if the employee had
continued to work
b. It shall be the responsibility of an employee on unpaid leave
which has been designated as family and medical leave to
provide his/her portion of the premium payment necessary to
maintain health and dental insurance coverage
c. If an employee decides not to return to work, the City is entitled
to recover from the employee the cost of the health insurance
premiums paid while the employee was on leave designated as
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FMLA However, no such repayment is required if the
employee is unable to return, as certified by a health care
provider, due to circumstances beyond his/her control (i e ,
continuation, recurrence or onset of a serious health condition).
M. Return from leave designated as Family and Medical Leave
AM.lk
1. An employee who has taken leave for his/her serious health condition
shall present to the department director, on or before returning to work,
a certification from the employee's health care provider that the
employee is able to resume work This certification should include any
limitations on performance of duties the employee might have
2. Upon return from leave designated as family and medical leave an
employee shall be returned to the same or equivalent position.
3. An employee need not be reinstated if the employee would not
otherwise have been employed at the time reinstatement is requested.
4 When an employee returning from leave designated as family and
medical leave is not qualified or able to perform the essential functions
of the position to which the employee was returned, the employee shall
be given a reasonable opportunity in which to become qualified or seek
accommodation.
5. When an employee returning from leave designated as family and
medical leave is not able to perform the essential functions of the
position to which the employee is returned, the employee may be
disqualified for the position
N Investigation of Family and Medical Leave Use
The Human Resources Director may investigate the use of family and
medical leave designation. Misuse of family and medical leave
designation shall be cause for disciplinary action up to and including
dismissal
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Rule 9. Overtime
Section 1. Policy
It is the City's policy to avoid the necessity for overtime work.
It shall be the responsibility and an important measure of job performance,
for supervisors, division managers, and department directors to
adequately plan and schedule work and staffing to minimize the need for
overtime.
In the event of hours worked beyond the normal work day, all efforts shall
be made to allow the employee to take off an equivalent number of hours
within the designated work period (flexing the schedule)
No employee, except in a situation involving public health or safety, shall
be permitted or allowed to work overtime unless authorized by the
supervisor Any verbal authorization given by the supervisor is to be
followed up with written authorization
Section 2. Exempt and Non-covered Employees
Not all employees of the City of Apache Junction are covered by the Fair
Labor Standards Act (FLSA)
Non-covered employees include elected officials, city manager, city
magistrate, city attorney, and independent contractors.
Some employees, while covered by the FLSA, are exempt by specific
provisions of the Act
Exempt employees generally fall into three major categories: executive,
administrative, and professional Also certain seasonal recreational
employees can be considered exempt from specific provisions
All employees assigned an exempt status are excluded from payment of
overtime hours and/or on-call pay
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Section 3. Work Period
All employees assigned a nonexempt status shall be paid an amount
equal to one and one-haft times their regular hourly rate for time worked in
excess of forty (40) hours per week or the equivalent in compensatory
hours, or as provided in these Rules (see Section 6. Calculation of --
Overtime). A work period is defined as seven consecutive days
Section 4. Overtime Accrual
In situations where an employee begins work prior to, or after, his/her
scheduled starting time or ends work prior to, or after, his/her scheduled
ending time, credit shall not be given for increments of time that are seven
(7) minutes or less Increments of time greater than seven minutes shall
be paid or compensated to the nearest quarter hour.
Section 5. Hours Worked
Employment, under the FLSA, is defined to include all hours that an
employee is "suffered or permitted to work" for the employer Hours
worked also include time during which an employee is "necessarily
required to be on the employer's premises, on duty or at the prescribed
work place " The following are examples of typical situations qualifying as
compensable hours worked as provided by the FLSA.
Call-Out Time
Any employee may be contacted and asked to respond to a situation
during hours that are not scheduled for work. Call-out occurs when a non-
exempt employee who is not assigned to an on-call status is asked to
respond to a work situation Employees responding to a call-out will
receive a minimum of two (2) hours compensation.
Meal Time
Meal periods are not compensated when the following three conditions are
met.
(1) the meal period must be at least 30 minutes, and
(2) the employee must be completely relieved of all duties; and
(3) the employee must be free to leave the duty post (there is no
requirement that the employee be allowed to leave the premises or
work site)
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On-call Time
If a non-exempt employee assigned on-call status is able to use the off-
duty time for his/her purposes, the hours will not be considered hours
worked
If the employee is required to perform any work-related duties during on-
call time, the time will be calculated as hours worked
The employee who is merely required to leave word where he/she can be
reached during on-call periods or is required to respond to a page will not
accrue hours worked for those time periods.
Employees who are assigned on-call status will receive compensation for
each hour served in an on-call status
On-call compensation
- $2 00 per hour
- The city manager has the authority to adjust the compensation
rate.
On-call compensation does not apply when the employee is required to
perform work-related duties during on-call time since that time is
considered hours worked
If an employee is unable to use off duty time for his/her purposes as
outlined in the FLSA, those hours shall be considered hours worked and
not qualify for on-call status
Voluntary Work
Employees who continue to work after their shift is over are engaged in
compensable working time.
The reason for the work is immaterial; as long as the supervisor "suffers or
permits" employees to work on the City's behalf, proper compensation
must be paid Once an employer allows the employee to work, or knows
that the employee is working, the employee must be compensated
It is the supervisor's responsibility to make certain that unauthorized
overtime work is not performed According to the FLSA, the mere
existence of a rule is not sufficient to avoid compensation for additional
hours worked
Supervisors who permit employees to work overtime without
compensation may be subject to discipline Employees who work
unauthorized overtime may also be subject to discipline
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Waiting Time
If a non-exempt employee has been assigned to wait for something to
occur his/her waiting time will be counted as hours worked, if the
employee arrives early, does not perform any work before his/her shift
starts, and merely waits to begin working, his/her waiting time will not
constitute hours worked
Non-exempt employees, who are required to stand by ready for duty,
whether during the lunch period, during machinery breakdowns, or during
other temporary work shutdowns, must be paid for this time
Examples of compensable hours worked
• Caring for tools that are a part of principal activities, such as guns
and vehicles (unless also allowed for personal use) by police
officers, tools, and equipment for parks and streets workers.
• Charitable work requested or controlled by the employer
• Emergency work/travel time
• Fire drills and other disaster drills, whether voluntary or involuntary,
either during or after regular working hours
• Training in regular duties to increase efficiency
• Training programs required by the employer.
• Rest periods of 20 minutes or less
• Medical attention during working hours at the employer's direction
• On-call time where the employee must remain at the employer's
premises or which is so restricted that the employee is unable to
use the time for his/her own purposes
• Travel time from the employer's premises to the work site.
• Travel time between work sites during the normal work day
Examples of time not considered hours worked for the purposes of
overtime compensation include, but are not limited to:
• Jury Duty Leave
• Military leave
• Bereavement Leave
• Personal Leave
• Birthday Leave
• Sick leave
• Compensatory time
• On-call time
• Time spent before, after, or between regular working hours.
• Voting time if outside the regular-scheduled hours of work,
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Section 6. Calculation of Overtime
When a nonexempt employee is on paid leave time, such time is not hours
worked for the purposes of calculating overtime
However, holiday and vacation leave hours are considered hours worked
for the purposes of overtime calculations.
Section 7. Compensatory Time in Lieu of Paid Overtime
The FLSA permits the City of Apache Junction to provide compensatory
time in lieu of monetary overtime compensation, at a rate of not less than
one and one-half hour of compensatory time for each hour of overtime
worked. The calculation used for compensatory time is the same as that
generally used for calculating monetary overtime
Nonexempt employees may receive compensatory time in lieu of overtime
pay for hours worked beyond 40 hours in a seven-day work week.
Employees may accrue a maximum of 160 hours of compensatory time
(106 67 actual hours of overtime worked).
An employee who has accrued compensatory time and requests use of
the time must be permitted to use the time within a reasonable period after
making the request if the time off does not unduly disrupt the operations of
the City. When the use of compensatory time is denied, the supervisor
shall provide the affected employee the reasons for denial A copy of the
reasons for denial shall also be provided to the Human Resources
Director.
ilabk
Compensatory time may be banked, used, or converted into the
corresponding dollar amount at the employee's current pay rate in
accordance with the provisions of this Rule.
Employees who change from one salary group to another, either by
promotion or demotion, shall be required to make such conversion before
transitioning into the new position.
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Section 8. Payment of Compensatory Time at Termination of
Employment
In accordance with the FLSA, unused compensatory time must be paid at
whichever is higher of the following:
1 The average regular rate received by the employee during the last three
years of employment, or
2. The final regular rate received by the employee
Section 9. Substitution of Work Hours between Employees
The FLSA provides that any individual employed in any capacity by a
public agency may agree to substitute, during scheduled work hours, for
another employee Employees may work substitution schedules where
the substitution is.
1) voluntarily undertaken and agreed to solely by the employees,
and,
2) approved by the supervisor.
The traded time will not be considered by the city when calculating the
hours for which the employee is entitled to overtime compensation In
effect, even though a substitution has taken place, each employee will be
considered to have worked his or her normal schedule
In addition, the supervisor of an employee who performs such substitute
work is not required to keep a record of the hours of substituted work It is
important to be aware that the substitution provisions of the FLSA apply
only when the employee's decision to substitute is made freely and without
direct or implied coercion. It must be made exclusively for the employee's
own convenience
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Section 10. Travel Time
Home-to-Work Travel
As a general rule, home-to-work travel is not compensable, even if an
employee must travel from a town to an outlying site to get to the
employer's premises This is true whether an employee works at a fixed
location or at different job sites Generally, an employee is not at work
until he or she reaches the work site However, if an employee is required
to report to a meeting place where he or she is to pick up materials,
equipment, or other employees, or to receive instructions, before traveling
to the work site, compensable time starts at the time of the meeting
Travel dunnq the Work Day
Traveling from an outlying job at the end of the scheduled workday to the
employer's premises is time worked Where an employee is required to
report to a meeting place to receive instructions, perform other work, or
pick up tools, and travel from the designated meeting place to the work
site is considered working time.
Out-of-town Travel
Where employees travel out of town overnight on business they must be
paid for time spent traveling during their normal work hours on their non-
working days as well as on their regular working days Travel time as a
passenger outside regular working hours is not considered hours worked
If an employee drives a car without being offered public transportation, the
travel time is considered working time
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Rule 10. Performance Report
Section 1. Purpose
The evaluation is designed to inform the employee of the manner in which he
or she is meeting standards of performance established by the supervisor
The performance evaluation report is intended to cover overall performance
during the rating period.
Section 2. Performance Reporting Requirement during Probation
Reporting on employee performance during probation is covered in
Rule 5, Appointments, Status, and Probation.
Section 3. Performance Reporting Requirements Following End of
Probation
Every career status employee shall have his or her performance formally
evaluated at least once a year and a report on this performance shall be
submitted to the Human Resources department and placed in the employee's
personnel file The report shall be submitted by the department director in
accordance with the procedure and on the form or forms prescribed by the
Human Resources Director. Department directors are encouraged to provide
more frequent evaluations Department directors are encouraged to bring
unsatisfactory performance to the attention of the employee when the
unsatisfactory performance occurs
Each performance report shall be reviewed with the employee and filed with
the Human Resources department not later than fourteen (14) calendar days
after the City designated review period ends Employees shall be allowed to
submit a written response to their performance evaluation report; the
employee's written response shall be attached to the report it addresses. The
performance report and the employee response, if any, shall remain a part of
the employee's personnel record as required under the Records Retention
and Disposition Schedule adopted by the City and may be considered when
determining transfers, promotions, demotions, and/or dismissals.
Employees shall be notified and provided with a copy of all documents placed
in their personnel file. Copies will be provided under confidential cover or
directly to the employee.
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Section 4. Unsatisfactory Ratings
When an employee's overall evaluation report is unsatisfactory, follow up
reports are required at the end of three (3) months and for each subsequent
three (3) month period while the employee is in the position until the
employee has achieved a satisfactory rating or employment is terminated.
It is the department director's responsibility, in conjunction with the immediate
supervisor, to inform the unsatisfactory performing employee of the actions
necessary to achieve a satisfactory rating This may be accomplished with an
improvement plan which lists specific measurable goals
Section 5. Grievance and Appeals Relating to Performance Reports
An employee who has successfully passed his/her initial probation period
may grieve or appeal an overall performance rating of unsatisfactory or its
equivalent, in accordance with Rule 17, Grievance and Appeal Procedures
Section 6. Procedure when Anticipated Rating will be Unsatisfactory
If the anticipated rating is unsatisfactory, the department director shall advise
the employee of the anticipated rating and schedule a meeting to review the
performance rating with the employee.
Section 7. Salary Increase
On the anniversary of their classification date, employees are eligible for one
step advancement on the salary schedule
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Rule 11. Drug-Free Workplace Policy
Section 1. Purpose
To establish rules governing the maintenance of a drug-free workplace for the ,...
purpose of:
1) ensuring the health and safety of City employees;
2) continuation of high-quality services to the public, and,
3) compliance with federal and state laws and regulations for a uniform
government-wide, drug-free workplace effort
Section 2. Policy Statement
Reporting for work under the influence of alcohol or drugs, or any substance that
impairs an employee's mental or physical capacity is not acceptable.
The use of illegal drugs or the misuse of legal drugs or alcohol by any employee
is prohibited, as is the presence in any employee's system of a prohibited drug or
drug metabolite.
The possession, sale, or distribution of drugs, alcohol, or any illegal substance by
an employee during regular working hours while on City business or while on City
property is prohibited except as excepted in police department policies and
procedures
Section 3. Definitions
The following definitions apply to the Drug-Free Workplace policy
A Alcohol
Ethanol, isopropanol, or methanol
B Drugs/Controlled Substances
The terms "drugs" and "controlled substances" are interchangeable and
have the same meaning Unless otherwise provided, drugs and controlled
substances include but are not limited to: barbiturates, cocaine, opiates,
(heroin, codeine) propoxyphene, amphetamines (including
methamphetamine), benzodiazepines (Valium, Librium), methadone,
phencyclidine (PCP), methaqualone, and cannabinoids (THC).
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C Reasonable Suspicion
A belief based on specific, objective facts, and reasonable inferences
drawn from those facts, that suggest an employee is using drugs or
alcohol while on the job or is under the influence of drugs or alcohol while
on the job.
D. Reasonable suspicion generally includes but is not limited to
1 Observable phenomena, such as direct observation of drug or alcohol
use and/or the physical symptoms or manifestations of being under the
influence of a drug or alcohol,
2. Abnormal conduct, erratic behavior, absenteeism, tardiness,
3 Physical symptoms (i e glassy eyes, slurred speech, unsteady gait,
red eyes, running nose),
4. Smell of alcohol or marijuana;
5. Deterioration in work performance or physical appearance
6. A report of drug or alcohol use provided by reliable and credible
sources and which has been independently corroborated;
7 Evidence that an individual has tampered with a drug or alcohol test,
during his/her employment with the current employer;
8 Involvement in or responsibility for, a work-related or industrial accident
that caused, or could have caused serious injury to the employees, any
other person, or serious damage to employer property or property
belonging to others,
9 Evidence of use, possession, sale, solicitation, manufacture, or
transfer of drugs or alcohol while working or while on employer
premises
"` Section 4. Over-the-counter or Prescribed Medications
Employees taking prescription or over-the-counter non-prescribed drugs or
medication which might interfere with the performance of his/her job duties, shall
report the usage of the drug or medication to his/her supervisor before going on
duty Employees taking such drugs or medication are responsible for knowing
any side effects of the medication that might interfere with job performance
based upon the prescribing physician's advice or the warning on the medication
label
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Section 5. Applicants and Employees Subject to Testing
A Pre-employment Testing
All applicants being considered for initial employment by the City to positions
designated as safety sensitive shall be required to submit to, and successfully
pass, a drug screen urinalysis, and/or Breath alcohol test (BAT) within 31
hours after a conditional offer of employment is made by the City. The offer
of employment shall be contingent upon a negative drug and alcohol
screening
If an applicant fails to pass the pre-employment drug screening and/or BAT,
the applicant will be disqualified from consideration for employment and shall
not be eligible for employment with the City for a period of 12 months from the
date of the initial positive drug or BAT test result
An applicant's failure to submit to the required pre-employment drug and/or
BAT test shall be considered a request for withdrawal from consideration for
the position for which he/she applied.
B Police Department Employees and Transfer
Upon transfer to or from a narcotic or drug-related assignment, all police
department employees (sworn or civilian), shall submit to drug and alcohol
screening.
A transfer to a narcotic or drug-related assignment shall be contingent upon a
negative drug test result.
A positive test result of a police department employee transferring out of a
narcotic or drug-related assignment is subject to the provisions of this rule for
positive test results
C. Reasonable Suspicion Testing
If the City has reason to suspect that an employee is violating this policy or
when there is reasonable suspicion that an employee is under the influence
or is impaired by alcohol and/or drugs, the City may require the employee to
submit immediately to medical tests administered for drug and/or alcohol
testing which include the chemical analysis of breath, urine, and/or blood
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D Post-Triggering Incident
Employees involved in the following circumstances are required to submit to a
drug and/or alcohol test
1 Those whose use of City equipment or vehicle results in an accident in
which a person is fatally injured.
2 Those whose use of City equipment or vehicle results in an accident
involving tow-away and/or medical assistance and who, in addition,
receive a citation related to the accident
3. Those who are required as part of their job to carry a firearm and who,
while on duty, discharge a firearm resulting in bodily injury, property
damage or violation of departmental policy, or who are off duty and
discharge a firearm in violation of departmental policy regarding off-
duty use of firearms.
E Re-employment or Reinstatement to Workforce
Any individual who is re-employed, reinstated, transferred, promoted, or
demoted to a safety sensitive position, in accordance with Rule 5,
Appointments, Status, and Probation, is required to submit to a drug and
alcohol test prior to resuming work.
F. Follow-up Testing
If an employee is offered a rehabilitation option in lieu of discipline for a
positive test result in accordance with Section 9 of this policy; the employee is
subject to random drug testing for a minimum of one (1) year following the
completion of the rehabilitation program
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Section 6. Policy Violation
A. Alcohol An employee who tests positive for alcohol while on City business
during the employee's working hours or while on City property during the
employee's working hours is in violation of this policy.
B Drugs. An employee who tests positive for drugs is in violation of this policy
C An employee who is required as a part of his/her lob to carry a firearm and
who, while on duty, discharges a firearm resulting in bodily injury, property
damage or violation of departmental policy or who is off-duty and discharges
a firearm in violation of departmental policy regarding off-duty use of firearms
is in violation of this policy
Section 7. Effect of Failure to Comply with Policy
An employee who refuses to submit to a drug and/or alcohol test or who violates
any aspect of this policy is subject to disciplinary action up to and including
termination
Section 8. Employee and Applicant Consent Form
Employees and applicants who are requested to submit to a drug and/or alcohol
test must agree in writing to allow the results of such test to be disclosed to and
used by the City's authorized representative(s) Failure to sign such a consent
form shall be considered a refusal to submit to testing and may subject the
employee to discipline up to and including termination
Section 9. Rehabilitation
The City may, at its option, suspend all or part of the disciplinary action for
violation of this policy in return for the employee's enrollment into a drug or
alcohol counseling or rehabilitation program for the purpose of enabling the
employee to permanently cease the prohibited conduct. Disciplinary action may
be suspended while the employee is participating in counseling and/or
rehabilitation. The program must be approved by the Human Resources
Director Cost of rehabilitation or counseling is the responsibility of the
employee An employee who elects such participation shall enter into a written
agreement with the City.
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The employee shall authorize release of information to City's Human Resources
department from the drug or alcohol program which indicates the employee's
compliance or non-compliance with the program Should the employee not
comply with the program the City shall impose the discipline
An employee who declines to participate in or fails to complete drug or alcohol
rehabilitation in lieu of disciplinary action is subject to the disciplinary action and
Adak may also be further disciplined up to and including termination.
Section 10. Searches
The City of Apache Junction reserves the right to search all areas and property
the City maintains or has complete or joint control over An employee's locker,
closet, work area, desk, desk files, computer files, city-owned vehicle, and similar
areas are subject to inspection at any time on a random or any other non-
discriminatory basis for purposes of this policy.
Section 11. Confidentiality
The results of drug or alcohol screening tests shall not be included in an
applicant file or employee personnel file but shall be retained by the Human
Resources Department in a separate medical file. Any conditions of employment
that may be established as a result of the drug test (i.e. a written agreement for
rehabilitation in lieu of discipline) become part of the employee's personnel file
Except as required by the state or federal law, test results and ancillary
information may be disclosed to management personnel only on a need-to-know
basis or to any person upon the written consent of the employee or applicant
Information is normally limited to the employee's supervisor, City Manager,
Assistant City Manager, Human Resources staff, and legal counsel Failure to
maintain confidentiality by any employee shall be grounds for discipline
Section 12. Employee Responsibilities
A. Pursuant to the Federal Drug-Free Workplace Act of 1988, the City of Apache
Junction prohibits the unlawful manufacture, use, possession, or distribution
of controlled substances in the workplace As a part of this Act, employees
have the following responsibilities.
1. To abide by the terms of the City's drug-free workplace policy; and
2 To notify their supervisor or department director of any criminal drug
statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction.
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B It is each employee's responsibility to immediately report to their supervisor,
department director, or Human Resources department unsafe working
conditions or hazardous activities that may jeopardize the safety of
employees This includes the responsibility to immediately report any
violations of the drug and alcohol policy. An employee who fails to report
such a violation is subject to disciplinary action up to and including
termination.
C All employees are required, as a condition of employment, to sign a statement
that the employee has:
1. Received a copy of the City's Drug-Free Workplace Policy,
2. Agreed to abide by the terms of the policy;
3 Agreed to notify the supervisor, or appropriate representative of the
City, immediately, or within five (5) days, of a criminal drug statute
conviction for a violation occurring within the workplace.
Section 13. Management Responsibilities
A. Management personnel shall be responsible for implementation and
consistent enforcement of this policy, together with the Human Resources
Director or his/her designee
Management personnel who fail to enforce this policy in accordance with its
terms are subject to disciplinary action up to and including termination
B Supervisors will be trained in the detection of impairment by alcohol, drugs,
and substance abuse.
Supervisors must document, in writing, the facts constituting reasonable
suspicion for drug and/or alcohol testing or for violation of this policy
C Management shall inform any employee required to submit to drug or alcohol
testing of the requirements of this policy and the consequences of non-
compliance.
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Section 14. Drug and Alcohol Testing Methodology
Every reasonable effort will be made to obtain the most accurate drug or alcohol
test results. Testing procedures for drug urinalysis will include the two-tiered
testing program to ensure maximum accuracy in the test results, observation of
specimen collection, and chain-of-custody documentation A two-tiered
Amok
procedure means that an initial positive test will be confirmed by the use of a gas
chromatography test with mass spectrometry (GC/MS) or an equivalent
scientifically accepted method, which provides quantitative data about the
detected drug
Following a positive screen from the initial test and a positive screen from GC/MS
test, a portion of the specimen sufficient for testing from a positive sample may
be transferred directly from the testing laboratory to a laboratory of the
employee's choosing and tested at the employee's own expense. The employee
is responsible for initiating the transfer within 48 hours of notification of the
positive screen
The laboratory chosen by the employee must be a laboratory approved or
certified by the United States Department of Health and Human Services, the
College of American Pathologists, or the Arizona Department of Health Services
An employee, upon request, may obtain his/her written test results
Section 15. Procedures
Procedures to be followed by management for the enforcement of this policy are
available for review in the Human Resources department or in each department
with the department director.
A description of the testing methods and collection procedures to be used is
available for review in the Human Resources department.
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Section 16. Commercial Driver's License Holders
All employees required, as a condition of their City employment, to have a valid
Commercial Driver's License (CDL) shall comply with the United States
Department of Transportation (USDOT) rules for drug and alcohol testing of
mass transit employees and all drivers with CDLs --
The rules require pre-employment, post-accident, reasonable suspicion, random,
return to duty, and follow-up testing for alcohol and drugs through the use of
breathalyzers and urine samples
Procedures and rules for testing of CDL holders are available in the Human
Resources department.
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Rule 12. Policy against Discrimination
Section 1. Policy Statement
'^ The City does not tolerate any form of discrimination based upon race, gender,
national origin, religion, age, disability, sexual harassment, or genetic
information.
A. Discrimination
• Unfair treatment because of race, color, religion, sex (including
pregnancy), national origin, age (40 or older), disability or genetic
information.
• Harassment by managers, co-workers, or others in the workplace,
because of race, color, religion, sex (including pregnancy), national
origin, age (40 or older), disability, or genetic information.
• Denial of a reasonable workplace accommodation that the employee
needs because of religious beliefs or disability
• Retaliation because the employee complained about job discrimination
or assisted with a job discrimination investigation or lawsuit.
B. Sexual Harassment
Sexual Harassment is defined by the Equal Employment Opportunity
Commission (EEOC) as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual or otherwise offensive
.•� nature, especially where
• Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, or
• Submission to or rejection of the conduct by an individual is used as a
basis for employment decisions affecting such individual, or
• The conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile, or
offensive working environment.
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C Education
The Human Resources Director is responsible for coordinating training on the
topic of discrimination and sexual harassment; attendance at this training is
mandatory for all employees. In addition, the Human Resources Director shall
notify all employees of the existence of this policy.
D. Implementation
Both managers and employees are responsible for creating an atmosphere
free of discrimination, and managers and supervisors are responsible for
taking immediate and appropriate corrective action in response to any
allegation of a violation of this policy, in addition to respecting the rights and
sensitivities of their co-workers.
The Human Resources Director and department directors are responsible for
taking immediate and appropriate corrective action in response to any
confirmed violation of this policy and for assuring that no reprisals are taken
against complainants, witnesses, or perpetrators
The Human Resources department is responsible for monitoring the
application of this policy, providing advice, and responding to any questions,
which may arise from this policy.
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Section 2. Initiating a Discrimination or Sexual Harassment
Complaint
When an employee feels he/she has been discriminated against or sexually
harassed, the following should occur:
Employee:
- Attempt to advise the alleged discriminator/harasser of their
discomfort, OR,
- Report the problem to his/her immediate supervisor If
The offended employee does not feel comfortable directly
addressing the situation with the discriminator/harasser, and/or the
unwelcome or offensive behavior continues, OR,
- Report the problem to the Human Resources Director if:
o The employee's immediate supervisor, a division director, or
department director is the source of the alleged harassment,
OR;
o The employee is uncomfortable reporting the problem to his/her
immediate supervisor, division director, or department director,
OR,
o The source of the harassment is an individual appointed by the
city council (including, but not limited to, the city attorney, city
AIM
manager, or city magistrate).
- Report the problem to the city manager if
o The Assistant City Manager or Human Resources Director is
the source of the alleged discrimination/harassment
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When advised of the discrimination/harassment the following will
Immediate Supervisor:
- Promptly notify his/her department director.
Department Director:
- Promptly notify the Human Resources Director
Human Resources Director:
- Begin an assessment into the complaint and determine the course of
action
- If the discriminator/harasser is an individual appointed by the city
council advise the mayor and city council that a
discrimination/harassment complaint has been filed.
Section 3. Investigation Procedure
Human Resources staff coordinates the investigation process and advises the
department director regarding his/her level of involvement in the process and of
the progress of the investigation.
The department shall work with Human Resources staff to obtain and evaluate all
relevant evidence with respect to what has occurred.
Human Resources staff makes a recommendation to the department director
regarding the resolution of the complaint Human Resources staff notifies the
complainant and the alleged violator of the findings
With the advice of the Human Resources Director, the department director
implements specific remedial, and/or disciplinary actions
Section 4. Discipline
The type of discipline and/or remedial action to which an employee is subject for
discriminating against or harassing another employee is dependent on the
circumstances of the situation. Any step in progressive discipline may be applied.
Employees subject to disciplinary and/or remedial action as a result of a finding
of discrimination or sexual harassment shall be afforded due process rights
through the grievance or appeal procedures, whichever is applicable to the level
of discipline imposed. (See Rule 16 Discipline)
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Section 5. Reprisals Prohibited
No reprisal/retaliation of any kind by any employee or manager shall be taken
against an employee who asserted a complaint, the alleged perpetrator or
against any witness.
Any such reprisal/retaliation taken by an employee will subject him/her to
disciplinary action up to and including termination.
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Rule 13. Policy against Violence in the Workplace
Section 1. Policy Statement
The City of Apache Junction does not tolerate threats, intimidation, and/or
violence made by an employee against another person's life, health, well being,
family, or property
Such acts or threats of violence, whether made directly or indirectly, explicitly or
implicitly, by words, gestures, or symbols, infringe upon the City's right or
obligation to provide a safe workplace for its employees.
Section 2. Prohibitions
Any threats or acts of violence made by an employee against another person's
life, health, well being, family, or property are cause for discipline up to and
including termination
Section 3. Applicability
This policy applies to any threats or acts of violence made on City property, at
City sponsored events or under other circumstances that may negatively impact
the City's ability to conduct its business
Section 4. Initiating a Complaint Involving Violence in the Work Place
Any employee who believes that he or she has been the target of threats or acts
of violence, or has witnessed or otherwise learned of threats or violent conduct
by another employee or by a third party, should immediately contact their
immediate supervisor, department director, Human Resources director or the city
manager
If an employee feels threatened with immediate harm, the Public Safety
Department should be notified
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Rule 14. Fraternization Policy
Section 1. General Information
The City of Apache Junction's success depends on positive employee morale
and good team working relationships. The City recognizes workplace romances
or attractions can develop between people who work together Unfortunately,
attractions are not always mutual, and these situations can develop into sexual
harassment complaints. In addition, relationships between supervisor and
subordinate often cause morale problems or misperceptions about assignments
and favoritism on the part of other employees in the work group
The City endorses the following policy concerning close personal or romantic
relationships between employees
Section 2. Policy
Employees holding supervisory roles shall not pursue or be in a romantic
relationship or have a close personal relationship with any employee who may
report, either directly or indirectly, to them.
In addition, employees in a supervisory capacity are required to maintain a
professional relationship with any employee for whom they supervise, give work
direction or assignments, give discipline, review performance, or recommend
promotions or raises
Section 3. Reporting Requirements
In the event a workplace romance develops, it is the responsibility of both parties
to, either separately or together, bring the fact of the relationship to the attention
of their supervisor or department director or to the Human Resources director .
The Human Resources director, will determine the arrangements to further the
best interests of both the city and the employees involved
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Rule 15. Political Activities
Section 1. Purpose
To establish a policy governing the political activity of City employees
Section 2. Policy Statement
City employees have the right to vote as they choose and to entertain and
express personal opinions about political candidates. However, employees must
refrain from political activity while on duty or at public expense.
Section 3. City Council Elections
To avoid undue influence of City employees on the outcome of City Council
elections and to avoid undue influence of City Council members or candidates for
City Council on City employees, the following apply.
A. Prohibitions and Restrictions
1. No employee of the City may be a candidate for nomination or
election to the City Council.
2. While on City time, employees may not circulate petitions for City
Council.
3 While on City time, employees may not contribute directly, or through
an employee organization or association to a campaign or solicit or
receive contributions for a City Council candidate.
4. No employee or organization or association, while on City time, may
publicly endorse or actively support candidates for the City council or
any political organization or association organized to support
candidates for the City Council.
5- While on City time, employees may not wear City Council campaign
buttons or distribute campaign literature at work or in a City uniform or
in City offices, vehicles, or buildings.
6. No employee shall use any political endorsement in connection with
any appointment to a position in City service
7 No employee shall use or promise to use any official authority or
influence for the purpose of influencing the vote or political action of
any person for any consideration.
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B. Permissible Activities
1. City employees may place City Council campaign signs in their yards
and on the premises of their homes.
2. City employees may place City Council campaign bumper stickers on
personal vehicles
3. City employees may, on their time, work in campaign headquarters of
City Council candidates.
4 Outside of City time, an association or organization of City employees
may mail or otherwise distribute endorsements of City Council
candidates to members of organizations or associations who are City
employees
5 City employees may express their opinion.
6 City employees may, on their time, attend informational meetings
concerning candidates for public office.
Section 4. Other Candidate Elections
For candidate elections and political activity other than for the Apache Junction
City Council, the following apply
A. Prohibitions
An employee shall not:
1. Use any political endorsement in connection with any appointment to a
position in the city service.
2. Use or promise to use any official authority or influence for the purpose
of influencing the vote or political action of any person or for any
consideration.
3 While on city time, participate in the management of any political party
or in the management of any political campaign or recall effort.
p 4 While on city time, solicit or receive contributions for any candidate
campaign
B Permissible Activities
Any employee may, on his or her own time:
1 Express his/her opinion regarding candidate elections and political
activity.
2 Attend meetings for the purpose of becoming informed concerning the
candidates for public office and the political issues.
3 Actively support a candidate while not in a city uniform or in an office or
building of the City of Apache Junction.
4. Cast his/her vote and sign nomination or recall petitions
5. Make contributions to candidates, political parties or campaign
committees contributing to candidates or advocating the election or
defeat of candidates.
6. Circulate candidate nomination petitions or recall petitions.
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C. Candidacy for Elected Office
Unless subject to the Hatch Act (5 U S C Section 7321-7326), any City of
Apache Junction employee desiring to run for county, state, or federal elected
office may request a leave without pay upon filing for such office
The employee's department director, with the concurrence of the city
manager, has the authority to grant or deny the requested leave based upon
the needs of the organization If the leave is not granted and the employee
still desires to run for elected office, the employee shall resign from city
service upon filing for such office
If the leave is granted and the employee is elected, the employee shall resign
from city service immediately upon being seated in the elective position. If
the leave is granted and the employee is not elected, the employee will be
returned to his/her former position on the same terms and conditions as any
other employee who has taken a leave without pay
Section 5. Retaliation Prohibited
A An employee shall not solicit any other employee to engage or not engage in
activities permitted by this rule with the direct or indirect use of any threat,
intimidation, or coercion including threats of discrimination, reprisal, force or
any other adverse consequence including the loss of any benefit, reward,
promotion, advancement, or compensation.
B. An employee shall not subject any other employee engaging in activity
permitted by this rule to any direct or indirect discrimination, reprisal, force,
coercion or intimidation or any other adverse consequence including the loss
of any benefit, reward, promotion, advancement, or compensation.
C An employee shall not subject any other employee who chooses not to
engage in any activity permitted by this section to any direct or indirect
discrimination, reprisal, force, coercion or intimidation or any other adverse
consequence including the loss of any benefit, reward, promotion,
advancement, or compensation.
Section 6. Other Permitted Activity
The provisions of this rule do not apply to school board elections or community
college district governing board elections and an employee may serve as a
member of the governing board of a high school district or as a member of a
community college district governing board.
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Section 7. Protection of Civil Liberties
Nothing contained in these policies shall be construed as denying any city
employee their civil or political liberties as guaranteed by the United States and
Arizona Constitutions.
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Rule 16. Discipline
Section 1. Disciplinary Actions
Progressive discipline is encouraged when appropriate, however, nothing in this
policy requires progressive discipline to be followed Disciplinary actions may
include verbal or written warnings, written reprimands, suspensions, demotions
and dismissals, or other action deemed appropriate by the Human Resources
Director and the department director.
When discipline is contemplated the department will consult with the Human
Resources department regarding the discipline to be imposed.
The department director may delegate the authority to impose verbal or written
warnings or written reprimands but may not delegate authority to suspend,
demote, or impose any other action affecting pay and/or benefits
Section 2. Grounds for Discipline
Grounds for discipline include, but are not limited to
1 Falsification of application for employment
2 Absenteeism.
3 Tardiness
4 Conviction of a crime, which impacts the employee's ability to perform
the duties and responsibilities of the job.
5 Incompetence in the performance of assigned duties.
6. Prohibited political activities
7. Favoritism on the part of a supervisory employee
8 Discrimination on the part of an employee against any employee on
the basis of race, color, sex, age, physical disability, place of national
origin, political or religious affiliation
9 Any action, on or off the job, tending to bring discredit to the City
service.
10. Violation of the Drug-Free Workplace Policy.
11.Refusal or failure to comply with the orders of an authorized supervisor
or refusing or failing to do assigned work
12 Theft, destruction, or neglect in the use of City property while the
employee is on or off duty, or of property or materials of any other
person while the employee is on duty
13 Lying to supervisors or falsifying records with respect to official duties.
14.Threatening, fighting with, intimidating, coercing, or abusing other
employees or officials of the City or provoking such actions by others
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15.Absence from work where the employee has requested permission to
be absent and such request has been denied
16 Divulging confidential information from privileged official records to
unauthorized persons.
17 Failure to observe departmental regulations.
18 Unauthorized absence from duty.
19 Abuse of sick leave
20 Failure to maintain satisfactory working relationships with other
employees or the public
21.Failure to observe safety regulations
22.Discourtesy and rudeness to the public
23.Unauthorized performance of work by nonexempt employee outside of
established work schedules.
24. Unauthorized operation or use of any vehicles, machines, or
equipment of the City.
25 Carelessness in the performance of duties
26.Intentionally or maliciously supplying false information or making false
claims with intent to improperly affect official decisions or bring
discredit to other employees
27 Insubordination
28 Removal of City equipment, material, supplies, etc., without the
approval of the department director or City Manager
29.Use of clothing provided by the City for other than official City duties
30.Discrimination, sexual harassment, and/or violence in the work place
31.Violation of any section of the Personnel Rules
Section 3. Written Reprimands
A pre-disciplinary meeting is not required when issuing a written reprimand to the
employee.
Wntten reprimands shall identify the violations or failures to meet reasonable
expectations for performance on the job with sufficient specificity and detail so as
to enable the employee to respond to the charges against him or her. A written
reprimand shall also indicate a copy is to be sent to the Human Resources
department for inclusion in the employee's personnel file In addition, the
document shall also contain a notice that the employee may file a grievance on
the written reprimand in accordance with Rule 17, Grievance and Appeal
Procedures
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Section 4. Pre-Disciplinary Meeting
Pre-disciplinary meetings are not required for:
Verbal warnings (informal counseling);
Written warnings (formal counseling), or,
Written reprimands
Pre-disciplinary meetings are required prior to:
Suspension;
Demotion; or,
Other forms of discipline
The pre-disciplinary meeting shall include the employee and may include the
Human Resources director or designee and/or legal counsel for the City
The employee facing discipline shall be afforded a pre-disciplinary meeting, the
notification of the pre-disciplinary meeting shall be in writing and consist of the
following
a) That discipline is contemplated, up to and including termination
or the type of discipline contemplated ;
b) The violation of one or more of the causes for discipline
examples are set forth in Rule 16, Discipline;
c) The specific conduct or omission committed by the employee
which the department director believes is a violation of the
personnel rules;
d) When and where the meeting is to be held,
e) That the employee is entitled to have a representative of his or
her own choosing present at the meeting, and
f) The purposes of the meeting, which are:
1) To allow the employee to correct any errors in the
information or facts upon which disciplinary action is
proposed,
2) To allow the employee to tell his or her side of the story
and to present any mitigating information as to why
discipline should not be taken
The time between the initial notice of proposed disciplinary action and the pre-
disciplinary meeting shall be reasonable and shall give the employee adequate
time to prepare a reply Two (2) business days is considered reasonable and
under no circumstances shall the pre-disciplinary meeting be less than two (2)
business days from the time the employee receives the meeting notice
If personal delivery of the initial notice is not feasible, notice may be given by
depositing the notice in the U S. Postal Service mailbox, addressed to the last
address of record for the employee, and with the first class postage affixed If
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service of notice is by mail, at least six (6) calendar days shall be allowed
between the date the notice is mailed and the date the meeting is scheduled
The following procedure is required at the pre-disciplinary meeting-
a) Presentation of the facts and information upon which the initial
notice of proposed disciplinary action was based;
.•. b) Provide the employee an opportunity to respond to the
presentation of facts and information, and
c) If the employee submits a written response prior to or during the
meeting, include the response in the official record
At the meeting the employee may be accompanied by an individual of his or her
choosing. The following are guidelines for conduct at the pre-disciplinary
meeting
a) It is not mandated to provide justification to the employee or his
or her representative for proposing disciplinary action,
b) Testimony by or cross-examination of witnesses is not required;
c) Testimony under oath is not required,
d) Recording of the proceedings by a court reporter is not required,
however the proceedings may be tape recorded by either side;
e) The person accompanying the employee may only observe the
meeting and advise the employee; he or she cannot interfere
with the process by asking questions or demanding the
procedures be changed. Such interference shall constitute
forfeiture by the employee of the right to be accompanied by
anyone and such person shall be asked to leave the proceeding
immediately, subject to the disorderly conduct laws of the State
Section 5. Notices of Suspension, Demotion, or Termination
The department director will discuss with Human Resources staff the disciplinary
action considered prior to taking action.
Notices of suspension, demotion, or termination shall contain the following-
a) The discipline being imposed
b) Identification of the violations or failures to meet reasonable
expectations for performance on the job with sufficient specificity and
detail. These charges shall be those listed in the initial notice of
disciplinary action, except for charges that may have been added or
deleted as a result of the pre-disciplinary meeting Substantial
amendment or additional charges may be made only by repeating the
procedure detailed in Section 4, Pre-disciplinary Meeting
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c) A reference to the opportunity afforded the employee to tell his or her
side of the story in accordance with Section 4, Pre-disciplinary
meeting.
d) An indication that the material presented has been considered by the
City in reaching a final determination.
e) Notice that the employee may request a copy of the written materials
alleged to support the action taken.
f) A notice that the employee may appeal the suspension, demotion or
dismissal pursuant to rule 17, Grievance and Appeal Procedures
Copies of notices of suspension, demotion, or dismissal shall be sent to the
Human Resources department for inclusion in the employee's personnel file
Section 6. Taking Disciplinary Action
The discipline notice shall be delivered to the employee within ten (10) calendar
days after the Pre-disciplinary meeting The disciplinary action shall be taken
within sixty (60) calendar days after the Pre-disciplinary meeting
Section 7. Effect of Technical Omissions
Failure of a supervisor or department director to comply with the provisions of
Section 3, Written Reprimands, and Section 6, Notices of Suspension, Demotion,
or Dismissal, as they pertain to content of written reprimands and notices of
suspension, demotion, or termination, shall not constitute a basis for reversing a
disciplinary action on appeal.
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Rule 17. Grievance and Appeal Procedures
Section 1. Purpose of Grievance and Appeal Procedures
The purpose of the grievance and appeal procedures is to provide career status
employees, aggrieved about a situation affecting the conditions of their
employment, with a method for the resolution of the matter without discrimination,
coercion, restraint, or reprisal against the employee during the process.
Any contention that the city has failed to comply with any obligation it has made
to an employee through its ordinances, policies, or any other written commitment
must be raised pursuant to these grievance and appeal procedures, and these
procedures provide the exclusive remedy for any such claim
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Section 2. General
An employee may file a grievance or appeal for actions as identified in this rule
and utilize the procedures defined in this rule
If the complaint alleges a matter other than that identified by this rule, employees ,^
are encouraged to discuss the complaint on an informal basis with appropriate
management personnel as the matter is not entitled to the grievance and/or
appeal process.
Action Grievance Appeal to Appeal to
City Hearing
Manager Officer
(CM)
Written Reprimand X
Overall unsatisfactory Performance rating X
Suspension. X
3 days or less
Misinterpretation or misapplication of the Personnel X X X
Rules or administrative procedures (if grievance (if appeal to
does not CM does not
resolve the resolve the
complaint) complaint)
Adverse action to the employee, based on unlawful X X X
discrimination because of race, color, creed, (if grievance (if appeal to
national origin, sex, age, political affiliation, or does not CM does not
disability and other than suspension, demotion, or resolve the resolve the
dismissal complaint) complaint)
Suspension of more than three (3) days, demotion, X X X
or dismissal on any grounds, including alleged (if grievance (if appeal to
unlawful discrimination does not CM does not
resolve the resolve the
complaint) complaint)
Disposition of a sexual harassment complaint did X X
not result in stopping the prohibited behavior (if appeal to
CM does not
resolve the
complaint)
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Section 3. Prohibited Grievances and Appeals
The grievance and appeal procedures may not be used for matters involving
A Compensation and Classification Plans
B Overall satisfactory performance evaluations
C. Informal disciplinary actions such as oral or written warnings (informal or
formal counseling)
D. Supervisory or management style
Section 4. Grievance Procedure
Grievances shall be presented according to the following procedure
An employee may begin a grievance at the level in which the discipline was
administered
A copy of the grievance and the responses shall be attached to the grievance at
all steps in the process
A. Form: Grievance forms may be obtained from the Human Resources
department or they may be found on the City's Intranet
B. Step 1: Filinq with Supervisor
The employee shall present a grievance to the immediate supervisor
within seven (7) calendar days after notification of or occurrence of the
action which gives rise to the grievance
The immediate supervisor should consider the grievance and provide the
employee a dated, written response within seven (7) calendar days of
the receipt of the grievance.
C Step 2. Filinq with the department director
If the response of the immediate supervisor does not resolve the
grievance or the immediate supervisor did not respond to the grievance,
and the employee wishes to pursue it further, the employee shall present it
to the department director in writing within seven (7) calendar days after
receiving the decision of the immediate supervisor or within seven (7)
calendar days from the date the immediate supervisor's response was
due.
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The department director should consider the grievance and provide the
employee a dated, written response within seven (7) calendar days of
receipt of the grievance.
D. Step 3: Filing with the Assistant City Manager
If the response of the department director does not resolve the grievance
and the employee desires to pursue it further, the employee shall present
it in writing to the assistant city manager within seven (7) calendar days
after receiving the decision of the department director, or within seven (7)
calendar days from the date the department director's response was due
The assistant city manager or his or her designee shall consider the
grievance and shall provide the employee a dated, written response within
seven (7) calendar days of receipt of the grievance.
The decision of the assistant city manager for grievances is final and is not
appealable further unless formal appeal procedures are an available
remedy under this rule
Section 5. Time Computation
The computation of the calendar days shall be as follows for the date of notice of
the action:
A If written action:
-date of the delivery of a notice if handed to the grievant or
-the date of mailing of the notice if sent by U S. mail.
(If the notice is mailed, three (3) calendar days shall be added to the time
in which a response is due).
B. If not a written action
-date of action shall be the date on which the aggrieved action occurred.
C. The period of time for filing the grievance starts on the day following the
date of notice or occurrence of the action
D If the final date of the grievance period falls on a city observed holiday or
weekend or on a day the city is closed, the final date for grievance shall be
construed to be the next business day it is open.
E The grievance period ends at 5 00 p m , on the final date for grievance If
this date is a City observed holiday, a weekend, or on a day the city office
is closed, the grievance period ends at 5:00 PM the next business day.
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Section 6. Appeal Procedure
Matters not specifically stated in this rule cannot be appealed. Appeals shall be
presented according to the following:
A Time Computation. The computation of the calendar days shall be in
accordance with Section 5 of this Rule.
B. Form of Appeal Every appeal shall be filed in writing and shall include the
name and address of the employee appealing, the action which is the
subject of the appeal, the reason for the appeal, a factual chronology of
the action, the remedy sought, and a reference to the Personnel Rule
which the action allegedly violates. The appeal shall have attached any
written material pertaining to the matter appealed
C Procedures for Filing an Appeal. Every appeal shall be filed within ten
(10) calendar days from the date of notice of the action, which is the
subject of the appeal All appeals shall be addressed to the City Manager.
The City Manager shall have ten (10) calendar days to respond to the
appeal
If the employee is not satisfied with the City Manager's decision, the
employee has ten (10) calendar days from the date of response or the
date a response was due, to file a Notice of Appeal for a hearing before a
Hearing Officer. The Notice of appeal shall be in accordance with Section
6.B of this rule and shall be filed in the Human Resources department.
Section 7. Time Extension
Upon mutual consent of the parties a time extension for grievances and appeals
may be authorized by the Human Resources director Such agreement shall be
in writing, state the duration of the extension, and be signed by both parties. This
agreement shall accompany the grievance at all future steps.
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Rule 18. Rules for Hearings before a Hearing Officer
Section 1. Hearing Officer
The employee wishing an appeal for a hearing before a Hearing Officer, shall file
an appeal to a Hearing Officer with the Director of Human Resources.
The Human Resources Director, in consultation with the City Attorney, shall
retain a Hearing Officer or Officers who shall not be an employee(s) of the City.
Section 2. Right of Appeal
Any employee shall have the right to appeal actions to the Hearing Officer
pursuant to the City's Personnel Rules The Hearing Officer shall determine if
the appeal is allowed under the Personnel Rules and shall not consider appeals
not covered by these rules. The Hearing Officer shall dismiss such appeals upon
motion by a party to the appeal or by his or her own authority
Section 3. Time of Hearing
Upon receipt of Notice of Appeal, the Human Resources Director shall contact
the Hearing Officer who shall schedule a time for the hearing The hearing shall
be set for not less than sixty (60) calendar days from receipt of the Notice of
Appeal by the Human Resources Director of the employee's appeal to the
Hearing Officer. The Hearing Officer shall provide the parties to the appeal with
written notification of the date, time, and place of hearing.
Section 4. Pre-Hearing Statements
Upon receipt of the appeal the Hearing Officer shall give each party a pre-
hearing statement form to be completed The pre-hearing statement shall
include the following:
a) The names, addresses, and phone numbers of all parties to the
appeal.
b) The names, addresses, and phone numbers of legal counsel or
representatives for the parties.
c) A list of witnesses, including addresses and phone numbers, and brief
summaries of their testimony
d) A description of the exhibits to be used at hearing.
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The pre-hearing statement shall be filed directly with the Hearing Officer within
twenty (20) calendar days of receipt by the parties of the pre-hearing statement
Each party to the appeal shall provide the opposing party with a copy of the pre-
hearing statement and copies of exhibits to be used within twenty(20) calendar
days of the receipt of the pre-hearing statement. Each party is responsible for
keeping the Hearing Officer and the opposing party updated on additional
witnesses and exhibits through the use of an amended pre-hearing statement
The party amending the pre-hearing statement shall submit one copy to the
Hearing Officer and shall provide the opposing party with a copy of the amended
statement and a copy of additional exhibits, if any
Under no circumstances shall witnesses or exhibits be added within twenty (20)
calendar days of the hearing. No witness testimony or exhibits shall be
admissible if not identified by the parties twenty (20) calendar days prior to
hearing.
Section 5. Pre-Hearing Conference
After acceptance of an appeal and designation of representatives, the Hearing
Officer may, at the request of the parties or on their own initiative, schedule a
pre-hearing conference at a time convenient to all parties
At the pre-hearing conference the Hearing Officer may request exhibits, define
the issues, and accept stipulations of the parties. The Hearing Officer may rule
on the admissibility of exhibits and witnesses and may reject irrelevant or
cumulative exhibits and disapprove witnesses whose testimony is irrelevant or
cumulative
Section 6. Subpoenas
Pursuant to Title 12, Article 13, Chapter 2, A.R.S. 12-2212, the Hearing Officer
may issue subpoenas, compel attendance of witnesses and production of
evidence, administer oaths, and cause depositions to be taken Any subpoena
shall be issued in the same manner as provided for issuance of subpoenas in the
Superior Court of Arizona
Any party or witness, or a representative thereof may, within five (5) calendar
days after service of the subpoena, file a motion to quash or modify the
subpoena if it is unreasonable and oppressive, or move the Hearing Officer to
condition denial of the motion upon the advancement by the person in whose
behalf the subpoena is issued of the reasonable cost of producing the books,
papers, documents, or tangible items.
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Section 7. Continuances
The Hearing Officer may, in his or her sole discretion, grant continuances during
the entire proceeding to each party for good and sufficient cause
Section 8. Appeal Hearings
The appealing employee shall appear personally, unless physically unable to do
so, before the Hearing Officer at the time and place of the hearing. The
appealing employee may be represented by an attorney.
All hearings before the Hearing Officer shall be closed to the public.
The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner most
conducive to determination of the truth
Any relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules, which might
make improper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence but shall not be sufficient in itself to support a finding unless
it would be admissible pursuant to the Arizona Rules of Evidence
The rules of privileges shall be effective to the same extent that they are now or
hereafter may be recognized in civil actions, and irrelevant and unduly repetitious
evidence may be excluded
Decisions made by the Hearing Officer shall not be invalidated by any informality
in the proceedings, and the Hearing Officer shall not be bound by technical rules
of evidence
The Hearing Officer shall rule on the admission or exclusion of evidence
The proceedings before the Hearing Officer may be recorded by a stenographer
or by audio or videotape. The original tape or recording, or certified transcript
shall be a part of the record of any appeal
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Apache Junction Personnel Rules
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Each party shall have these rights:
• to be represented by legal counsel or other person of choice;
• to call and examine witnesses,
• to introduce evidence,
• to cross-examine opposing witnesses on any matter relevant to the
issues;
_ • to impeach any witness regardless of which party first called for testimony;
and
• to rebut the evidence
If the respondent does not testify on his/her behalf, he/she may be called and
examined as if under cross-examination.
Oral evidence shall be taken only on oath or affirmation.
Hearings involving disciplinary actions shall proceed in the following order,
unless the Hearing Officer directs otherwise
1. The party imposing discipline shall be permitted to make an opening
statement
2. The appealing party shall be permitted to make an opening statement
3. The party imposing disciplinary action shall produce the evidence on
his/her part
4. The party appealing from such disciplinary action may then open for
defense and offer evidence in support thereof
5 The parties may then, in order, respectively offer rebutting evidence only,
unless the Hearing Officer for good reason permits them to offer evidence
upon their original case.
6 Oral or written arguments shall be permitted at the discretion of the
Hearing Officer.
— 7 Both parties may present closing arguments
The Hearing Officer shall determine relevancy, weight, and reliability of testimony
and evidence, and shall base findings on the preponderance of evidence
During the examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon motion of either party.
No still photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during the hearing
The standard of review for the Hearing Officer shall be whether the action
appealed from was viewed objectively, arbitrary or was taken without reasonable
cause
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Apache Junction Personnel Rules
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The role of the Hearing Officer is limited as a matter of law The Hearing Officer
may not substitute his or her independent judgment simply on the belief that a
reduced level of discipline would be more appropriate to the offense. Based on
this standard of review the Hearing Officer may sustain or reject the disciplinary
action invoked against the employee. However, the Hearing Officer may not
modify the disciplinary action The standard of review is not "denovo".
The Hearing Officer shall render findings of fact, conclusions of law, and decision
as soon after the conclusion of the hearing as possible, and in no event, later
than thirty (30) working days after conducting the hearing unless otherwise
stipulated by the parties The Hearing Officer's decision shall set forth the
findings as to each of the charges and the reasons therefore
The Hearing Officer shall provide the decision to the Human Resources director
and the employee and shall set forth all the findings of fact, conclusions of law,
and the final determination
The Human Resources Director shall provide a summary and/or copy of the
decision to the department director, the City Attorney, the Assistant City Manager
and the City Manager.
The decision of the Hearing Officer shall be final and binding upon both the
employee and the City, and therefore, not appealable to any office or body of the
City or to any other forum, administrative or judicial, unless otherwise allowed
under Arizona law
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Rule 19. Separation other than Dismissal
Section 1. Layoff
When, in the judgment of the City Manager, it becomes necessary to reduce the
number of employees in a specific job classification due to lack of work or funds,
the City may lay off any employee holding such position by classification The
City Manager, in consultation with the Human Resources Director and the
department director, shall determine the affected positions. The Human
Resources Director shall oversee the layoff process and notification to the
affected employees An employee being laid off will receive a minimum notice
of two (2) weeks.
There are two (2) layoff units covered by these Rules Municipal Court and all
other City departments.
In the event of a reduction in force (RIF), the layoff of employees shall follow the
order below
A. Layoff by Type of Status
- Non-career status employee before initial probationary status,
- initial probationary status before transitional probationary status, and,
- transitional probationary status before career status
B. Layoff by Classification and Seniority
Career status employees serving in a classification requiring reduction in
personnel shall be laid off in the reverse order of their appointment in that
classification and within the layoff unit, the last one so appointed being the
first to be laid off
When no position of the same class exists within the layoff unit or all
employees in the class have greater seniority than the employee, the
employee may request in writing to be placed in a lower class in the same
classification series and within the layoff unit. The employee may request to
be placed in the lower class if the employee has previously held the position
and, in no circumstance shall this request be used to effect a promotion
The classification series set forth in the most current classification plan
accepted by the City Council and/or modified by the City Manager shall be
used as a guide
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Apache Junction Personnel Rules
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C Layoff Lists
A layoff list shall be maintained by Human Resources for each affected
classification. All career status employees who have been laid off shall have
their names placed on the appropriate layoff list according to seniority. If the
employee has not been appointed from the layoff list to his/her layoff title, the
employee's name shall remain on the list for a period of two (2) years from
Aim bk
date of layoff
It shall be the responsibility of the employee on the layoff list to provide the
Human Resources Department with their most current mailing address
D. Reinstatement
As positions are reinstated within the layoff unit, individuals will be reinstated
according to seniority from the appropriate layoff list; the most senior person
laid off will be the first person hired back.
Employees resume their positions without loss of seniority The employee will
be placed at the pay rate that is the closest to the rate at layoff that does not
disadvantage the employee. In addition the employees' unused sick leave
accruals will be restored
Upon time of reinstatement, the employee will be notified at the address on
file with Human Resources and given ten (10)working days to respond.
Failure to respond within that timeframe may result in the City's contacting the
next person on the layoff list
Section 2. Resignation
An employee wishing to resign in good standing shall submit a written resignation
to their department director with a copy to Human Resources, at least two (2)
weeks before leaving service. The resignation should state the effective date
and reasons for resignation. This time limit may be waived by the Human
Resources Director and department director
Failure to give notice as required by this rule may be cause for a denial of future
employment with the City
An "exit interview" may be arranged with the Human Resources Director and/or
his/her designee
94
Adak
ROLL CALL VOTE
NOTES:
1 ;‘ 11\
•
ITEM # \r)r MEETING OF 1 \ \
MOTION BY: SECONDED B ,ti
YES NO ABSTAINED
COUNCILMEMBER RIZZI
COUNCILMEMBER WILSON 4`
VICE MAYOR BARKER
COUNCILMEMBER SERDY v
COUNCILMEMBER EVANS
COUNCILMEMBER WALDRON �✓
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
1:'
Ala
OLL CALL VOTE
bl\),
NOTES: 11 ;\
91 lj
ITEM # \I)/
MEETING OF /1\94)
6MOTION BY: SECONDED BY Ot,
YES NO ABSTAINED
COUNCILMEMBER WILSON V1
COUNCILMEMBER SERDY
COUNCILMEMBER WALDRON
COUNCILMEMBER RIZZI V
VICE MAYOR BARKER
COUNCLMEMBER EVANS V
MAYOR INSALACO V
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL \.
Amok
ITEM NO. 12
I MOVE THAT ORDINANCE NO 1390 BE READ BY TITLE ONLY WITH THE
EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE
WAIVED
(Call upon the city clerk to read Ordinance No 1390 by title only with the emergency clause.
Majority vote required )
I MOVE THAT ORDINANCE NO. 1390, AS READ BY THE CITY CLERK, (BE
APPROVED AND ADOPTED) OR (BE DENIED).
I MOVE THAT ORDINANCE NO 1390, AS READ BY THE CITY CLERK, BE APPROVED
AND ADOPTED WITH THE FOLLOWING AMENDMENTS•
j3
PUBLIC HEARING
1. For PROPOSED ORDINANCE NO. 1392,AMENDING THE APACHE JUNCTION
CITY CODE, CHAPTER 3 ADMINISTRATION,ARTICLE 3-6 DEPARTMENT OF
PUBLIC SAFETY, BY MODIFYING SECTION 3-6-3, SUBSECTION (B),
APPOINTMENT AND DISMISSAL
2. WM CITY MANAGER GEORGE HOFFMAN speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not,this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
9. Roll call vote.
'' City of Apache Junction, Arizona 300E Superstition
} Boulevard
nw1 .x r 1 Apache Junction,AZ
85119
Master
File Number: 13-141
File ID. 13-141 Type: Ordinance Status. Public Hearing
Version. 1 Reference* In Control. City Council
Meeting
400k
Cost: File Created: 06/20/2013
File Name Chief of Police Position Final Action.
Title Proposed Ordinance No 1392, amending the Apache Junction City Code,
Chapter 3, Administration, Article 3-6, Department of Public Safety, by modifying
Section 3-6-3, Subsection (B), Appointment and Dismissal, repealing any
conflicting provisions, providing for severability, and declaring an emergency
Consideration and action.
Notes:
Agenda Date 07/02/2013
Indexes. City Internal Issue, Organization Development
Sponsors George Hoffman Enactment Date.
Attachments. Ordinance No 1392 Enactment Number
Contact Hearing Date
Drafter: mdrake@alcity net Effective Date.
History of Legislative File
Ver- Acting Body Date. Action: Sent To• Due Date Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-141
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
ORDINANCE NO. 1392
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION CITY CODE, CHAPTER 3 , ADMINISTRATION, ARTICLE
3-6, DEPARTMENT OF PUBLIC SAFETY, BY MODIFYING SECTION
3-6-3, SUBSECTION (B) , APPOINTMENT AND DISMISSAL;
REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, the Apache Junction City Council has recently
directed staff to modify the City code provision relating to
Public Safety Director appointment; and
WHEREAS, at the recommendation of the city manager it is
the intent of the mayor and city council to cause the Public
Safety Director to be a career status employee rather than a
contract employee.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS :
SECTION I IN GENERAL
That the Apache Junction City Code, Chapter 3 , Administration,
Article 3-6, Department of Public Safety, Section 3-6-3,
subsection (B) , Appointment And Dismissal, be amended to read as
follows :
B. Appointment and Dismissal : The position of the director is
hereby declared as a classified career status employee as defined under City of Apache Junction, Personnel Rules,
Rule 2 , Definition of Terms, § 4, Career Status . The
director' s appointment by the manager shall be ratified by
the mayor and city council . Removal shall be by the
manager in his or her sole discretion without ratification
by the mayor and city council .
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance or any part of the code adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this Ordinance or any part of the code adopted herein by
reference is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provision of this ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency is hereby declared to
exist; and this ordinance shall be in full force and effect from
and after its passage, adoption and approval by the Mayor and
City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 .
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
JOHN S . INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
R. JOEL STERN
City Attorney
ORDINANCE NO. 1392
PAGE 2 OF 2
Is ilk
ROLL CALL VOTE
NOTES I?)
(bA
\ t5- P\
/\\AC)
ITEM # \7 MEETING OF
MOTION BY: jkj SECONDED BY: 0.:ivy,
YES NO ABSTAINED
COUNCILMEMBER EVANS V
VICE MAYOR BARKER
COUNCILMEMBER RIZZI
COUNCILMEMBER WALDRON i\iiCOUNCILMEMBER SERDY
COUNCILMEMBER WILSON
MAYOR INSALACOViV
UNANIMQ6S IN FAVOR OPPOSED ABSTAINED
TOTAL
Alsok
ROLL CALL VOTE
NOTES: /
i\l' '
.. oVI\Y
WC 1
ITEM # 1� MEETING OF (101�
(�` Irv0./v.v.,_
MOTION BY: cN SECONDED BY:
YES NO ABSTAINED
COUNCILMEMBER WALDRON
COUNCILMEMBER EVANS I
COUNCILMEMBER SERDY
VICE MAYOR BARKER sii
COUNCILMEMBER WILSON iiV
COUNCILMEMBER RIZZI
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
Amok
/'1
p
ITEM NO. 13
I MOVE THAT ORDINANCE NO. 1392 BE READ BY TITLE ONLY WITH THE
EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE
WAIVED.
(Call upon the city clerk to read Ordinance No. 1392 by title only with the emergency clause
Majority vote required )
I MOVE THAT ORDINANCE NO. 1392, AS READ BY THE CITY CLERK, (BE
APPROVED AND ADOPTED) OR (BE DENIED)
I MOVE THAT ORDINANCE NO 1392, AS READ BY THE CITY CLERK, BE APPROVED
AND ADOPTED WITH THE FOLLOWING AMENDMENTS.
PUBLIC HEARING
1. For PROPOSED ORDINANCE NO. 1391,AMENDING THE APACHE JUNCTION
CITY CODE, CHAPTER 8 BUSINESS,ARTICLE 8-8 LICENSING
REQUIREMENTS FOR SPECIAL, COMMUNITY AND PRIVATE EVENTS,BY
MODIFYING SECTION 8-8-1 DEFINITIONS
2. Will COMMUNITY RELATIONS MANAGER PAT BRENNER speak to the Council?
3. Will the applicant or spokesperson please speak to the Council on this item?
4. Is there anyone from the public who wishes to speak on this item? (Are there any
"Request to Speak" forms?)
5. If not, this hearing is closed.
6. Is there any discussion?
7. Call for a motion.
8. Call for a second.
/ N 9. Roll call vote.
AM lb.
isp1741-
City of Apache Junction, Arizona p
300 E Superstition
Boulevard
Apache Junction,AZ
10,
85119
Master
File Number: 13-142
File ID: 13-142 Type Ordinance Status. Public Hearing
Version: 1 Reference. In Control City Council
Meeting
Cost File Created. 06/20/2013
File Name. Events Ordinance Revision Final Action.
Title Proposed Ordinance No 1391, amending the Apache Junction City Code,
Chapter 8, Business, Article 8-8, Licensing Requirements for Special, Community
and Private Events, by modifying Section 8-8-1, Definitions, repealing any
conflicting provisions, providing for severability, and declaring an emergency
Consideration and action.
Notes
Agenda Date: 07/02/2013
Indexes: Communication Outreach
Sponsors. Pat Brenner Enactment Date.
Attachments. SPECIALEVENTSOrdinance 1391 chapter 8, Enactment Number.
SPECIALEVENTStaffReportProcessReorganizationJ
U N E2013
Contact. Hearing Date.
Drafter• pbrenner@ajcity net Effective Date:
History of Legislative File
Ver Acting Body Date Action Sent To Due Date* Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-142
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
u7:6z
Ma
MEMORANDUM
Date. June 6, 2013
To: Mayor and Council
From: Patrick Brenner— Community Relations Manager
Subject: Staff Report — Special/Other Event Process Reorganization and
Ordinance
Discussion of Ordinance No 1391 Amending City Code Chapter 8 Regarding
Special Events.
EVENT. An activity or gathering which meets any of the following criteria.
1 Use of or impact/encroachment on any city street, sidewalk, alley or other
right-of-way area (which includes any indirect impact that will affect the
flow of typical vehicular or pedestrian traffic).
2 Is likely to draw a crowd to a venue not properly suited and has the
potential to require special accommodations, regulations, traffic control
devices or public service personnel
3. Presence or participation of any for-profit or non-profit vendor that intends
to make a sale, advertise for sale, solicit sales, offer for sale, distribute
business/organizational information, or provides a service or
offer/advertise to provide a service and is not already properly licensed to
do so by the City of Apache Junction
4 Will require the approval of two or more City department for inspections,
assistance or permits.
Direction to Staff from February 5, 2013 Regular Session
1) REDEFINE AS NECESSARY THE TERMS SPECIAL, COMMUNITY AND
PRIVATE EVENTS AS THEY APPEAR IN THE CITY CODE IN ORDER TO
CLARIFY AND SIMPLIFY THE EVENTS PROCESS,
2) CLARIFY THE PROCESS AND ESTABLISH CRITERIA AND QUALIFYING
CONDITIONS THAT WOULD REQUIRE AN EVENT PERMIT, INCLUDING BUT
NOT LIMITED TO, PRESENCE OF VENDORS, TAXABLE ACTIVITIES,
ALCOHOL SALES AND ISSUES INVOLVING PUBLIC HEALTH AND SAFETY,
3) CREATE A SINGLE, UNIFORM APPLICATION PROCESS THAT CAN BE
USED FOR ALL EVENTS INCLUDING A SEPARATE LIST OF CITY
RESOURCES AND/OR SERVICES THAT ARE AVAILABLE FOR AN
ADDITIONAL FEE SHOULD THE EVENT APPLICANT WISH TO DO SO THIS
EVENT APPLICATION PROCESS WILL NOT BE A SUBSTITUTION FOR A
TAX LICENSE AND OTHER LICENSE REQUIREMENTS AS OUTLINED IN
THE CITY CODE CHAPTER 8 AND THE CITY TAX CODE;
4) CREATE A PROCESS UTILIZING A "SINGLE POINT OF CONTACT"
THROUGH WHICH THE EVENT APPLICANT DEALS WITH ONE PERSON ON
CITY STAFF AND THIS STAFF PERSON IS RESPONSIBLE FOR THE
SEAMLESS COORDINATION OF CITY DEPARTMENTS AND THE FIRE
DISTRICT WHEN AN EVENT PERMIT IS REQUIRED,
5) PURSUE TECHNOLOGY THAT WOULD ALLOW AN ONLINE "SPECIAL
EVENTS WIZARD" OR SIMILAR PROGRAM THAT WOULD ENABLE EVENT
APPLICANTS TO USE THIS ONLINE TOOL TO DETERMINE IF AN EVENT
PERMIT IS NEEDED; AND
6) RETURN AT A FUTURE DATE WITH FURTHER DISCUSSION AND
RECOMMENDATIONS ON FEES FOR TEMPORARY EVENT-RELATED
LICENSES BASED ON WHAT IS ALLOWED BY APPLICABLE STATE LAW
AND THE MODEL CITY TAX CODE PENDING CHANGES IN THIS AREA
DURING THE CURRENT LEGISLATIVE SESSION.
Staff has developed the following regarding above direction
Direction 1. City Attorney's Office Attachment Article 8-8
Direction 2. City Attorney's Office Attachment Article 8-8
Direction 3. Revised uniform application process is being developed in
conjunction with City Clerk's Office
Direction 4. Single Point of Contact has been determined Process is under
review
Direction 5. Community Relations Office (Matt McNulty) has integrated a "Special
Event Wizard" for use with CivicPlus To visit go here www.aicity net/eventwizard
Direction 6 To be determined.
ORDINANCE NO. 1391
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION CITY CODE, CHAPTER 8, BUSINESS, ARTICLE 8-8,
LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND
PRIVATE EVENTS, BY MODIFYING SECTION 8-8-1,
DEFINITIONS; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, on January 14, 2013, the Mayor and City Council
discussed at its work session simplifying and clarifying how
special community and private events are administered to include
departmental permitting with input from local businesses and
non-profit organizations; and
WHEREAS, pursuant to the January discussion, on February 5,
2013, at its regularly scheduled session, the Mayor and City
Council directed staff to make changes to the special community
and private event permitting process, which included among other
things, Chapter 8 code changes involving the definitions of
these types of events .
WHEREAS, on June 17, 2013, staff presented the recommended
changes to the Mayor and City Council .
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That the Apache Junction City Code, Chapter 8 , Business, Article
8-8, Licensing Requirements for Special Community and Private
Events, Section 8-8-1, Definitions, be amended by adding the
following new definition:
EVENT: An activity or gathering which meets any of the following
criteria:
1 . Use of or impact/encroachment on any city street,
sidewalk, alley or other right-of-way area (which
includes any indirect impact that will affect the flow
of typical vehicular or pedestrian traffic) .
2 . Is likely to draw a crowd to a venue not properly
suited and has the potential to require special
accommodations, regulations, traffic control devices
or public service personnel.
3 . Presence or participation of any for-profit or non-
profit vendor that intends to make a sale, advertise
for sale, solicit sales, offer for sale, distribute
business/organizational information, or provides a
service or offer/advertise to provide a service and is
not already properly licensed to do so by the City of
Apache Junction.
4 . Will require the approval of two or more City
departments for inspections, assistance or permits .
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this Ordinance or any part of the code adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this Ordinance or any part of the code adopted herein by
reference is , for any reason, held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV DECLARING AN EMERGENCY
The immediate operation of the provision of this Ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency is hereby declared to
exist; and this Ordinance shall be in full force and effect from
and after its passage, adoption and approval by the Mayor and
City Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF , 2013 .
SIGNED AND ATTESTED TO THIS DAY OF , 2013 .
ORDINANCE NO. 1391
PAGE 2 OF 3
JOHN S . INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
R. JOEL STERN
City Attorney
ORDINANCE NO. 1391
PAGE 3 OF 3
AN
ROLL CALL VOTE
NOTES Cj
•
ITEM # i MEETING OF1
MOTION BY: (11SECONDED BY. "
YES NO ABSTAINED
COUNCILMEMBER SERDY
COUNCILMEMBER RIZZI
COUNCILMEMBER EVANS V
COUNCILMEMBER WILSON
COUNCILMEMBER WALDRON
VICE MAYOR BARKER YIV
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ROLL CALL VOTE
NOTES '1l�
J
1
G
10 r •
c
1°)
ITEM # MEETING OF
MOTION BY CljkSECONDED BY I
YES NO ABSTAINED
VICE MAYOR BARKER ‘.//
COUNCILMEMBER WALDRON V
/
COUNCILMEMBER WILSON
COUNCILMEMBER EVANS ✓
COUNCILMEMBER RIZZI
COUNCILMEMBER SERDY
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
ITEM NO. 14
I MOVE THAT ORDINANCE NO 1391 BE READ BY TITLE ONLY WITH THE
EMERGENCY CLAUSE AND THAT THE READING OF THE ENTIRE ORDINANCE BE
WAIVED.
(Call upon the city clerk to read Ordinance No. 1391 by title only with the emergency clause.
Majority vote required.)
I MOVE THAT ORDINANCE NO 1391, AS READ BY THE CITY CLERK, (BE
APPROVED AND ADOPTED) OR (BE DENIED)
I MOVE THAT ORDINANCE NO. 1391, AS READ BY THE CITY CLERK, BE APPROVED
AND ADOPTED WITH THE FOLLOWING AMENDMENTS.
•
xw , City of Apache Junction, Arizona 300E Superstition
,.4� -,, Boulevard
; Apache Junction,AZ
. 85119
Master t+tt.d-i��
File Number. 13-120
File ID. 13-120 Type. Economic Development Status Direction to Staff
Version. 1 Reference. In Control: City Council
Meeting
Cost. File Created. 06/11/2013
File Name. Direction to staff on possible resolution of support for Final Action:
resolution copper
Title Staff respectfully requests council direction regarding preparation of a resolution
of support for the Resolution Copper Project for council's consideration
Direction to staff
Notes.
Agenda Date 07/02/2013
Indexes. Economic Development
Sponsors. Matt Busby Enactment Date.
Attachments Enactment Number
Contact. Hearing Date.
Drafter: mbusby@ajcity net Effective Date.
History of Legislative File
Ver• Acting Body Date: Action Sent To Due Date' Return Result.
Sion. Date
ial ft.
1 City Council Meeting 07/02/2013
Text of Legislative File 13-120
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
Aisik "or
ROL Q ,LL VOT
( 41
1 / \$(31\
NOTES
_ y ,ci\ I )1'
\ \ ,
(. 0 )/J- )c
.......
V\\P ,,\ , tojtA x
)_i
\\" '
P
ITEM # ' MEET NG OF
MOTION BY SECONDED BY
COUNCILMEMBER RIZZI
J
YES NO ABSTAINED
COUNCILMEMBER WILSON V
VICE MAYOR BARKER J
COUNCILMEMBER SERDY f
COUNCILMEMBER EVANS w ,
COUNCILMEMBER WALDRON N,'.
MAYOR INSALACO
UNANIMO S IN FAVOR OPPOSED ABSTAINED
\`TOTAL
ITEM NO. 15
I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING
PREPARATION OF A RESOLUTION OR PROCLAMATION OF SUPPORT FOR THE
RESOLUTION COPPER PROJECT FOR COUNCIL'S CONSIDERATION•
, City of Apache Junction, Arizona 300E Superstition
r614 Boulevard
Apache Junction,AZ
frO ;F. 85119
Master
File Number. 13-135
File ID. 13-135 Type. Report/Update Status. Direction to Staff
Version. 1 Reference: In Control. City Council
Meeting
Cost. File Created• 06/19/2013
File Name Lost Dutchman Monument Direction to Staff Final Action
Title Council direction to staff on the Lost Dutchman Monument located adjacent to the
Focal Point in downtown Apache Junction At the June 24, 2013 Council Work
Session, a presentation was made by Dons Club Board President, Greg Davis,
relating to history and future of the Lost Dutchman Monument, including but not
limited to, additional historical monument signage, and enhanced lighting and
structural protection measures Since it was erected in 1938, the condition has
deteriorated somewhat and it is in need of protection from vandalism and the
elements Councilmember Serdy expressed interest in exploring its preservation.
Staff seeks council direction on furthering this concept Direction to staff
Notes:
Agenda Date. 07/02/2013
Indexes Community Development
Sponsors. Bryant Powell Enactment Date.
Attachments: Staff Memo Dons Monument for Direction to Staff Enactment Number.
Contact Hearing Date.
Drafter isolley@aicity net Effective Date:
Ink
History of Legislative File
Ver• Acting Body Date Action Sent To Due Date Return Result
sion Date
1 City Council Meeting 07/02/2013
Text of Legislative File 13-135
City of Apache Junction,Arizona Page 1 Printed on 6/25/2013
Legcnii
wnoped
DATE: June 20, 2013
MEMORANDUM TO The Honorable Mayor and City Councilmembers
MEMORANDUM THROUGH: George Hoffman, City Manager
MEMORANDUM FROM Bryant Powell, Assistant City Manager
SUBJECT Dons Monument— Direction to Staff
The Dons of Arizona is an independent, non-profit service organization based in Phoenix
and incorporated under the laws of the State of Arizona. For more than 65 years, the Dons'
goal has been the study, preservation and public presentation of the history, legends and
lore -- plus the cultures and grandiose scenery -- of Arizona and the Southwest.
The Dons have purported that, at a location in the heart of downtown Apache Junction, they
were granted a perpetual easement for a site that houses a monument memorializing the
legend of the Lost Dutchman. This monument is located behind the Focal Point at the NE
corner of Old West Highway and North Apache Trail.
Historically, the Dons have preserved and maintained the monument as part of their
perpetual easement agreement Recently, Councilmember Serdy has expressed interest in
exploring how the city might partner with the Dons to raise the level of awareness of its
existence, encourage more site visitation, and enhance the preservation of the monument
Would council like staff to allocate time to further research the concept and consult with the
Dons of Arizona, and/or draft and present documentation (resolution/proclamation) that
demonstrates the city's support of the monument in Apache Junction?
Staff respectfully requests council direction on this item.
A
ROLL CALL VOTE
NOTES: -\
VI
7)\AO
ITEM # MEETING OF
MOTION BY ( elky-Q/
SEC
ONDED BY
YES NO ABSTAINED
COUNCILMEMBER WILSON J
COUNCILMEMBER SERDY
COUNCILMEMBER WALDRON V
COUNCILMEMBER RIZZI Y
VICE MAYOR BARKER v
COUNCLMEMBER EVANS
it/
MAYOR INSALACO
UNANIMOUS IN FAVOR OPPOSED ABSTAINED
TOTAL
/'\ /\
h.
00 ilk
ITEM NO. 16
I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING ON
THE LOST DUTCHMAN'S MONUMENT' THAT THE APPROPRIATE CITY STAFF
ALLOCATE TIME TO FURTHER RESEARCH THE CITY'S POSSIBLE ROLE IN
PARTNERING WITH THE DONS ON PRESERVING AND ENHANCING THE LOST
DUTCHMAN MONUMENT AND/OR DRAFT A PROCLAMATION THAT
DEMONSTRATES THE CITY'S SUPPORT OF THIS MONUMENT.
ROLL CALL VOTE
NOTES:
e/q\I(41
/\ 1
1\` \ C5
ITEM # VIMEETING OF
MOTION BY: C 4APN) SECONDED BY: 4kivVt
b
YES NO ABSTAINED
COUNCILMEMBER EVANS ✓f
VICE MAYOR BARKER
COUNCILMEMBER RIZZI J
COUNCILMEMBER WALDRON I
COUNCILMEMBER SERDY V
COUNCILMEMBER WILSON d
MAYOR INSALACO
UNANIMO S IN FAVOR OPPOSED ABSTAINED
TOTAL \,'
All Ilk
ITEM NOS. 17-18
I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7 00
P M , BE HELD ON MONDAY, JULY 15, 2013, IN THE CITY COUNCIL CONFERENCE
ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND
THAT AN EXECUTIVE SESSION AT 5 45 P M BE HELD ON TUESDAY, JULY 16, 2013,
IN THE CITY COUNCIL CONFERENCE ROOM
ADJOURNMENT: sce
I MOVE THAT THE MEETING BE ADJOURNED AT P.M.
ROLL CALL I
1.1\\ \ck V 1
. �'
fj ,
CITY COUNCIL: P / A P / A P / A
MAYOR INSALACO V/ , ,r
VICE MAYOR BARKER L V/
COUNCILMEMBER EVANS V
COUNCILMEMBER RIZZI I
COUNCILMEMBER SERDY ii�\
COUNCILMEMBER WALDRON ' /
�� /
COUNCILMEMBER WILSON �`� /
.E
TOTAL
CITY STAFF:
/ f
City Manager George Hoffman ,/
Assistant City Manager Bryant /
Powell �//
City Clerk Kathleen Connelly
City Attorney Joel Stern V 1
Deputy Chief Tom Kelly j /
Public Works Director Giao / ✓ l
Pham
Parks & Recreation Director
Jeff Bell
Library Director Spencer Paden
Finance Director Donna
Meinerts
Development Svcs Director
Brad Steinke
Human Resources Director Liz
Riley
?V')
r
Assistant to the City Manager J v
OTHERS L ��`
r1� '
PI 0