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Home My WebLink About2010 03.01 City Council Work Session Agenda tgP,CkF City o e junction Home o f the Super•rt`itron Al ountain 'f 1,* APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD Awls APACHE JUNCTION, ARIZONA 85219 Monday, March 1, 2010 7.00 PM AGENDA 1. CALL TO ORDER. 2 ROLL CALL. 3. INTERVIEW OF APPLICANTS FOR TWO VACANCIES ON THE BOARD OF ADJUSTMENT AND APPEALS There are currently two vacancies on the Board of Adjustments and Appeals Staff requests Council interview the applicants for appointment to these vacancies The term of one vacancy expires on October 31,2011 and the term of the second vacancy expires on October 31, 2012 Appointments are scheduled for the March 2,2010 City Council meeting 4. PRESENTATION AND DISCUSSION ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY At the direction of Council,the Fiscal Year 2008 Community Development Block Grant funds were dedicated to completing a Downtown Redevelopment and Implementation Strategy G and G Consulting was selected in July to assist the City in developing this strategy Ed Gawf of G and G Consulting and his team will provide a project status update including the formulation of some strategic questions for Council's consideration 5. DISCUSSION ON ORDINANCE NO.1359,PROPOSING A CONTINUATION OF THE EXISTING TWO TENTHS OF +^ ONE PERCENT TRANSACTION PRIVILEGE LICENSE TAX(SALES TAX)WITH THE EMERGENCY CLAUSE. Ordinance No 1359 has been prepared in response to council direction given to staff at the February 16 council meeting This ordinance would allow the continuation of the current 2%city sales tax 6 DISCUSSION ON RESOLUTION NO 10-05,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A MUTUAL AID COMPACT WITH THE ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS. The City desires,pursuant to A R S §26-308,to participate in the Arizona Mutual Aid Compact(AZMAC)for emergency management,which covers other types of emergencies and provides the procedures for notifying participating agencies of the need for emergency assistance,identifies available resources,and provides for compensation of resources The City of Apache Junction typically employs all of its own resources but sometimes requires the additional assistance of other agencies to cope with law enforcement emergencies By participating in the AZMAC each of the participating agencies can assist one another when an emergency occurs by providing resources as are available and needed including,but not limited to,fire,police, medical and health, environmental,communication,and transportation services to cope with the problems of response ti Resolution No 10-05 authorizes the Mayor to sign the AZMAC agreement on behalf of the City 7. PRESENTATION AND DISCUSSION ON THE DRAFT 2010 GENERAL PLAN'S CHAPTER 9(PARKS,RECREATION, AND OPEN SPACE ELEMENT) The City Council will review and comment on the evolving 2010 General Plan draft of Chapter 9(Parks, Recreation,and Open Space Element) 8. PRESENTATION AND DISCUSSION ON MODIFICATIONS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES. Changes to the Personnel Rules are nece5a,r4 to mirror recent changes in state law and to reflo knew policies of City Management,to include the following 1)added language on ethics, 3ty,gratuities, solicitations and outside employrr, ,2) increased general probationary period for new employees from six months to one year,3) increased sick time for family sick leave from 24 hours to 40 hours,4) increased bereavement leave from three days to five days for immediate family,5) increased call-out time pay from one to two hours when called out for less than two hours,6) increased imposition period for discipline from ten days to sixty days,and 7)general clerical clarifications and corrections 9 ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk s office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a.m to 5 00 p m , excluding holidays If any person with a disability needs any type of accommodation, please notify the Human Resources Office, at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time � PPnekf f� a City of-A-pache Junction U Nome 09,1'the Siipei:cttt on Mountains' AgfzQP g Print TO: City Manager's Office FROM Fred Baker, Planning Manager DATE: March 1, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: INTERVIEW OF APPLICANTS FOR TWO VACANCIES ON THE BOARD OF ADJUSTMENT AND APPEALS ACTION REQUESTED: No Recommendation DISCUSSION/BACKGROUND INFORMATION: There are currently two vacancies on the Board of Adjustments and Appeals Staff requests Council interview the applicants for appointment to these vacancies. The term of one vacancy expires on October 31, 2011 and the term of the second vacancy expires on October 31, 2012 Appointments are scheduled for the March 2, 2010 City Council meeting FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: Interviews Only ATTACHMENTS: Click to download ❑ Amrhein application ❑ Bradley application • Buzzin application ❑ Felton application ❑ Mayo application ❑ Nesser application ❑ Tebon application THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM PQACHE✓G 84 'Pc, 0 City o f Apache Junction Home of'the .S'rrperctition l l oretrtarns 4 Q12 01°' 8 Print TO: City Manager's Office FROM: Janine Solley, Business Advocate DATE: March 1, 2010 Agenda Type . Work Session Agenda Council Priority Focus Area: Economic Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: At the direction of Council, the Fiscal Year 2008 Community Development Block Grant funds were dedicated to completing a Downtown Redevelopment and Implementation Strategy G and G Consulting was selected in July to assist the City in developing this strategy Ed Gawf of G and G Consulting and his team will provide a project status update including the formulation of some strategic questions for Council's consideration. FISCAL IMPACT. Budgeted Expenditure OPTIONS/ALTERNATIVES. RECOMMENDATION. ATTACHMENTS: Click to download No Attachments Available .•. 1,pACMF✓ O' `1n . ( ely 01 AP ail e /mitioii U .� I }(/J.ilt 0/ / }c C/(r^t7 ;,..'ion \I(I (Niel//:i _.„---1 Print TO. City Manager's Office FROM Mayor and City Council DATE March 1, 2010 Agenda Type Work Session Agenda Council Priority Focus Area Revenue Development TITLE OF AGENDA ITEM DISCUSSION ON ORDINANCE NO 1359, PROPOSING A CONTINUATION OF THE EXISTING TWO TENTHS OF ONE PERCENT TRANSACTION PRIVILEGE LICENSE TAX (SALES TAX) WITH THE EMERGENCY CLAUSE ACTION REQUESTED• Presentation and Discussion DISCUSSION I BACKGROUND INFORMATION• Ordinance No 1359 has been prepared in response to council direction given to staff at the February 16 council meeting This ordinance would allow the continuation of the current 2% city sales tax FISCAL IMPACT. OPTIONS/ALTERNATIVES RECOMMENDATION• ATTACHMENTS. Click to download ❑ Ordinance No 1359 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM g - 0 Cily ofApacheJuncrion Home of the Superstition Mountaini Print TO: City Manager's Office FROM Bryant Powell, Assistant City Manager DATE March 1, 2010 Agenda Type Work Session Agenda Council Priority Focus Area Public Safety TITLE OF AGENDA ITEM: DISCUSSION ON RESOLUTION NO 10-05, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A MUTUAL AID COMPACT WITH THE ARIZONA DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS ACTION REQUESTED Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION The City desires, pursuant to A R S § 26-308, to participate in the Arizona Mutual Aid Compact (AZMAC) for emergency management, which covers other types of emergencies and provides the procedures for notifying participating agencies of the need for emergency assistance, identifies available resources, and provides for compensation of resources The City of Apache Junction typically employs all of its own resources but sometimes requires the additional assistance of other agencies to cope with law enforcement emergencies By participating in the AZMAC each of the participating agencies can assist one another when an emergency occurs by providing resources as are available and needed including, but not limited to, fire, police, medical and health, environmental, communication, and transportation services to cope with the problems of response Resolution No 10-05 authorizes the Mayor to sign the AZMAC agreement on behalf of the City FISCAL IMPACT• Budgetary Approval Not Required OPTIONS/ ALTERNATIVES: RECOMMENDATION ATTACHMENTS Click to download D Resolution No 10-05 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM 3 ACHE✓G O 5 =I City of Apache Junction Home of the Supe!:stolen Alountainc 4,91Zot4P` a Print TO: City Manager's Office FROM: Brad Steinke, Director of Development Services DATE- March 1, 2010 Agenda Type : Work Session Agenda Council Priority Focus Area• Community Development TITLE OF AGENDA ITEM. PRESENTATION AND DISCUSSION ON THE DRAFT 2010 GENERAL PLAN'S CHAPTER 9 (PARKS, RECREATION, AND OPEN SPACE ELEMENT) ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: The City Council will review and comment on the evolving 2010 General Plan draft of Chapter 9 (Parks, Recreation, and Open Space Element) FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES Statutory Requirement -'1"*.. RECOMMENDATION: Presentation and discussion only. ATTACHMENTS: Click to download D Cover Memo tyACHE✓ F et, z CiJunction �Ahe Honr of the Superstition Mountains gRIZONP To Mayor and City Council From Brad Steinke, Director of Development Services Date February 18, 2010 Subject. Discussion of 2010 General Plan Draft of Chapter 9 Staff previously distributed a draft copy of Chapter 9(Parks,Recreation,and Open Space Element) of the evolving 2010 General Plan.This chapter has been preliminarily reviewed and revised by the Parks and Recreation Commission, Planning & Zoning Commission and City staff. We have provided this chapter to the City Council for your initial review and comment We will also provide draft copies of the remaining chapters following initial staff and Planning &Zoning Commission review in the future.While the Planning&Zoning Commission and City Council will not be making formal recommendations and approvals of the 2010 General Plan until summer 2010,we feel that an opportunity for up-front Council review of the draft documents is important. Since this plan will serve as the Parks and Recreation Master Plan, Development Services staff has been working with the Parks and Recreation staff to complete this chapter Accordingly,Nick Blake from the Parks and Recreation Department will be presenting this plan to the Council We have scheduled presentation and discussion of Chapter 9 for the March 1st Council Work Session.Please review the draft chapter and make note of questions,comments,or concerns you may have regarding the document's form and substance If you have misplaced your material, or have any questions regarding this matter, please call me at 480-474-5082 or email me at bsteinkegajcity net Phone(480)474-5082 FAX (480)982-7018 TDD(480)983-0095 • www ajcity net 300 E Superstition Boulevard,Apache Junction, AZ 85219 I . cI)c 1 /Idd'Ol Ito;lit' ,1 t/k , /ftY# 1i.`t(I.l? . 10i7 Pont TO City Manager's Office FROM: Elizabeth Riley, Human Resources Director DATE: March 1, 2010 Agenda Type • Work Session Agenda Council Priority Focus Area• Organizational Development TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON MODIFICATIONS TO THE CITY OF APACHE JUNCTION PERSONNEL RULES ACTION REQU ESTED. DISCUSSION / BACKGROUND INFORMATION• Changes to the Personnel Rules are necessary to mirror recent changes in state law and to reflect new policies of City Management, to include the following 1) added language on ethics, safety, gratuities, solicitations and outside employment, 2) increased general probationary period for new employees from six months to one year, 3) increased sick time for family sick leave from 24 hours to 40 hours, 4) increased bereavement leave from three days to five days for immediate family, 5) increased call-out time pay from one to two hours when called out for less than two hours, 6) increased imposition period for discipline from ten days to sixty days, and 7) general clerical clarifications and corrections. FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES ,r► Policy Discussion (list specific options/alternatives) RECOMMENDATION• The proposed changes to the City Personnel Rules will be scheduled for Council consideration at the March 16, 2010 Council meeting ATTACHMENTS. Click to download ❑ Cover Memo-Pers Rules Personnel Rule Amendments Cover D Draft Personnel Rule Amendments PIN ppPCh1=�G OV U z 1Prtoto" To i he Honorable Mayor Insalaco and city Council Members r^ Through: George Hoffman City Manager trj From. Elizabeth II Riley Director of l luman Resources EZ 201U Date: 1 ebruary18 •Subject Personnel Rules 2010 Revision The proposed Personnel Rules presented to you are a result of many discussions input from department directors.employee groups. situations that occurred consultation with the City Attoincy and various amendments to I ederal laboi laves In general the following changes are proposed Examples of Changes in the proposed Rules. Date Change from 2007 to 2010 Formatting General clean up of language Added language from the Lmployce I landbook on - 1 thics - Safety - Gratuities/Solicitations - Outside employment Probation Pet iod - initial probation pet►od changing from six (6) months to one (1 ) year - transitional probation period remains six (6) months Revise the salary group for positions where the City Manager has the authority to modify the classification plan. Attendance and Leaves - Increase cap on family sick leave usage fiom 3 days to 5 days (24 hours to 40 hours) - Creates a two tier bereavement leave usage 5 day and 3 day - Incorporates City piactice about holiday pay (paid time scheduled work day before and after) - Adds Birthday Leave and removes Birthday from holiday FMI A Incorporated the federal law changes Call Out 1 ime Increased minimum compensation from one(1) to two (2) hours if called out Allow up to 60 days to impose disciplinary action and removes extension provision Defined lay off unit(s) as two units Municipal Court and City (minus Municipal Court) Ihparunun ul I luman Itcsuurec, (. of Apache Junction 300 I tiupusUuun BIN d Apache Junction A/f01 I9 -0{0.474 2617 ervice ver and bove the est Added a statement that the City will modify its practices to be cons,stent with laws as they change Reflect the ARS 38-481 as it pertains to appointment of relatives of elected appointed, and department directors Included Foster child in the definition of those whom an employee may use Family Sick Leave look forward to discussion of the proposed rules. C B Powell A Jackson 1 Brooks I) partmuttof Unman KL,ouru, Cits of Apache. function ;(Ill 1 tiupLrstition d ApaLhc Iunuion A/AEI 19 480 474 2617 ervice ver and bove the est Op*pCHE 4RIZON 2010 AMENDMENTS TO CITY OF APACHE JUNCTION PERSONNEL RULES style Definition:TOC 3 Indent:Hanging 1", 1 Tab stops 0.06",Left 4- 0.13",Left+Not at 0.25" {{Fonr :Tab stops 0.56",Left i Formatted x t 7-- 6 z COty of Apache ,irc1lon Personnel el 1-Thiules 1 Apache Junction Personnel Rules \ 20092010 CITY OF �o��]�� KU��8�� _. �*==d�mmmAmm PERSONNEL RULES^ �— -�' ---- ----- -- _ Font.uMBold . / RULE1 GENERAL P RPOSE POLICY,AND OBJECTIVES 11 - r�"=m�*.-��u� n*m�^�� l Section Purpose ' —. 11 Section Policy Section ObieoUven Section 4. Applicability. Enforcement,and Interpretation of Personnel Rules11 RULE 2 DEFINRlpNOPTERMS— — ' 13 Section 1. Allocation.. 13 Section Anniversary Date ' — 13 Section Appointment — ----' 13 Section 4. Career Status ' ....... . . 13 Section Class '_.... —. '1n Section Classification Date 13 Section 7. Classification Plan 13 Section ClansifiedSemice—. — --- 14 Section Compensatory Time 14 SouUon1O. Creditable Time — — 14 Qaodnn11 Demotion '14 GecUon10 Department Director 14 Section 13. D ism mual/Termination —. '14 Section 14 Eligible List 14 Section 15 Bnnbvee —. 15 SeoUon1V. Human Resources Director ....... 15 Section 17 Job Description ' — 18 8enhnn1& Lav-off' — — 16 Section 19 Non-classified Service. 16 GouunnoO OvnrtimeVVork 1h� � —� ' — � ' Section 21. Performance Report ..is Section 22 PemonmelOrd/nanoe--- —. is Seouon2l Position is Oeubonu4 Probation Period 18 Section 25 Promotion 10 Section 26. Reclassification — . 19 Section 27 Reemployment. —. —. . 19 Section 2o. Reinstatement —. .....'19 Section 30 Sick Leave 21 GeuUonO1. Suspension 21 SenUono2. Transfer '21 Section 33 Unpaid Absence —. 21 2 i � / \ / Apache Junction Personnel Rules 20092010 Section 34. Vacation 21 Section 35 Written Reprimand 21 Section 36 Written Notice . . ... . . . ... .22 Section 37 Work Period .. ... . 22 RULE 3. GENERAL PROVISIONS 23 Section 1. Equal Employment Opportunity 23 Section 2 Loyalty Oaths 23 Section 3. Residency Requirements and Use of City Vehicle 23 Section 4 Compliance with the Immigration Reform and Control Act of 1986 24 Section 5 Affirmative Action 24 Section 6. Ethics 24 Section 7 Safety 25 Section 8. Gratuities/Solicitations 25 Section 9 Outside Employment 26 RULE 4. RECRUITMENT AND SELECTION 27 Section 1. Policy Statement.. .. ... . . 27 Section 2 Application Forms . . . 27 Section 3 Recruitment and Selection Process 27 Section 4 Examination Results 27 Section 5 Eligible Lists 28 Section 6 Hiring of Relatives 28 RULE 5 APPOINTMENTS,STATUS, AND PROBATION 30 Section 1 Types of Positions 30 Section 2. Employee Status .32 Section 3 Attainment of Status . . 32 Section 4. Probation . . 34 Section 5 Duration of Probation 35 Section 6 Effect of Status on Employee Rights and Privileges 37 Section 7 Types of Appointments 40 Section 8. Reassignments 41 Section 9 Exempt and Nonexempt Personnel 42 RULE 6 CLASSIFICATION 43 Section 1 Adoption,Amendment,and Revision of Plan 43 Section 2. Classification of Positions . ... . 43 Section 3 Reclassification of Positions 43 Section 4 Creation Abolishment and Reclassification of Positions 44 RULE 7 EMPLOYEE RECORDS . . . 45 Section 1 Policy 45 Section 2. Accessibility 45 Section 3. Contents of Personnel File . . 45 RULE 8. ATTENDANCE AND LEAVES 47 3 Apache Junction Personnel Rules 20052010 Section 1 Attendance . 47 Section 2 Vacation Leave 47 Section 3 Sick Leave 48 Section 4 Worker's Compensation 53 Section 5. Military Leave 53 Section 6 Leave of Absence without Pay 53 Section 7 Leave with Pay 55 Section 8 Jury Leave 55 Section 9 Subpoena Leave 55 Section 10 Administrative Leave .... 55 Section 11. Bereavement Leave 56 Section 12. Holidays . . 56 Section 13 Birthday Leave 58 Section 14 Rest Periods 58 Section 15. Family and Medical Leave Policy 59 RULE 9. OVERTIME... 69 Section 1. Policy.. . ... .... .............69 Section 2 Exempt and Non-covered Employees 69 Section 3. Work Period 71 Section 4 Overtime Accrual 71 Section 5 Hours Worked 71 Section 6 Calculation of Overtime 75 Section 7 Compensatory Time in Lieu of Paid Overtime 75 Section 8 Payment of Compensatory Time at Termination of Employment . 76 Section 9. Substitution of Work Hours between Employees 76 Section 10 Travel Time . 77 RULE 10. PERFORMANCE REPORT 81 RULE 10 PERFORMANCE REPORT 81 Section 1 Purpose 81 Section 2. Performance Reporting Requirement during Probation 81 Section 3. Performance Reporting Requirements Following End of Probation81 Section 4 Unsatisfactory Ratings 82 Section 5. Grievance and Appeals Relating to Performance Reports..... . .. 82 Section 6 Procedure when Anticipated Rating will be Unsatisfactory 82 Section 7 Salary Increase 82 RULE 11 DRUG-FREE WORKPLACE POLICY 84 Section 1. Purpose 84 Section 2. Policy Statement 84 Section 3 Definitions 84 Section 4. Over-the-counter or Prescribed Medications 86 Section 5 Applicants and Employees Subject to Testing . 87 Section 6 Policy Violation . .. . ... ....91 Section 7. Effect of Failure to Comply with Policy... . 91 4 IApache Junction Personnel Rules 24992010 Section 8 Employee and Applicant Consent Form 91 Section 9. Rehabilitation 91 Asn►. Section 10 Searches . .... 93 Section 11. Confidentiality 93 Section 12 Employee Responsibilities 93 Section 13 Management Responsibilities 94 Section 14 Drug and Alcohol Testing Methodology 96 Section 15 Procedures . . . 96 Section 16 Commercial Driver's License Holders 97 RULE 12 POLICY AGAINST DISCRIMINATION 98 Section 1 Policy Statement . . 98 Section 2. Initiating a Discrimination or Sexual Harassment Complaint ..100 Section 3 Investigation Procedure 101 Section 4. Discipline . . 103 Section 5 Reprisals Prohibited 103 RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE 104 Section 1. Policy Statement..... .. 104 Section 2 Prohibitions 104 Section 3. Applicability . ... 104 Section 4. Initiating a Complaint Involving Violence in the Work Place 104 RULE 14 FRATERNIZATION POLICY 106 Section 1. General Information 106 Section 2 Prohibitions 106 Section 3 Reporting Requirements . .. .. 106 RULE 15 POLITICAL ACTIVITIES 107 Section 1 Purpose 107 Section 2 Policy Statement 107 Section 3. City Council Elections .. . 107 Section 4 Other Candidate Elections. 108 dimik Section 5. Retaliation Prohibited 109 Section 6 Other Permitted Activity 109 Section 7 Protection of Civil Liberties . . . . 111 RULE 16 DISCIPLINE 112 Section 1 Disciplinary Actions 112 Section 2. Grounds for Discipline 112 Section 3 Written Reprimands . .. 113 Section 4. Pre-Disciplinary Meeting 115 Section 5 Notices of Suspension. Demotion. or Termination 117 Section 6 Taking Disciplinary Action 117 Section 7 Effect of Technical Omissions . . .. 117 RULE 17 GRIEVANCE AND APPEAL PROCEDURES 119 5 Apache Junction Personnel Rules 24882010 Section 1 Purpose of Grievance and Appeal Procedures 119 Section 2 General 120 Section 3 Prohibited Grievances and Appeals 122 Section 4 Grievance Procedure 122 Section 5 Time Computation . . 123 Section 6. Appeal Procedure 125 Section 7 Time Extension 126 RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER...... 127 Section 1 Hearing Officer .. . ........ 127 Section 2 Right of Appeal ..127 Section 3 Time of Hearing_ 127 Section 4 Pre-Heannq Statements 127 Section 5. Pre-Hearing Conference 128 Section 6. Subpoenas 128 Section 7 Continuances , ..129 Section 8. Appeal Hearings . 129 RULE 19 SEPARATION OTHER THAN DISMISSAL 133 Section 1 Layoff 133 Section 2. Resignation 135 RULE 1. GENERAL PURPOSE POLIC-Y,AND OBJECTIVES 7 Section 1. Purpose 7 Section 2. Policy 7 Section 3. Objectives 7 Section 1. Applicability, Enforcement,and Interpretation of Personnel Rules 7 RULE 2 DEFINITION OF TERMS. .. . .. 8 Section 1. Allocation 8 Section 2. Anniversary Dato 8 Section 3. Appointment 8 Section 1. Career Status . . ... . . .8 Section 5. Class 8 Section 6. Classification Date 8 Section 7. Classification Plan . .. 8 Sectien 8. Classified Service ,.... 9 Section 9. Compensatory Time . . .. ..... 9 Section 10. Creditable Time ,,..,g Section 11 Demotion Appointment 9 Section 12 9 Section 13. Dismissal 9 Section 14. Eligible List ......... . . 3 Section 15. Employee .. 10 Section 16. Job Specification 10 Section 17. Lay off . 10 Section 18. Non classified Service 19 6 | ApuohmJunuUon Personnel Rules | 24992010 ScoUon2l Performance Report 10 Section 21 Human Resources Director 10 Section 22. Personnel Ordinance. 11 Section 23. Position 11 Section 21. PmbatmnurvPonod 11 eeouonoo. Promotion Appointment 11 800Uon2O Reallocation 11 SonUonoz Reclassification 11 Section 28. Reemployment Appointment -.11 Section 2l Rcin--tatcmcnt Konom0ncnt 11 ono8nnoO. Separation 12 Geononn1. Sick Leave .12 � 8e4--hvn32. Suspension 12 Section 33. TmndorAppm/nUnnnt . .12 Section 31. Unpaid Ahconoo 12 8ouUonon. Vacation 12 Goohon8n. Written Reprimand 12 Section 37. Written Notice 12 Section 38. Work Period 13 RWLE3. GENERAL PROVISIONS .. . 14 Section 1 Equal Employment Opportunity 11 Section 2. Loyalty Oaths 11 Section 3. Residency Requirements,and Use of City Vehicle 11 Section 1. Compliance with the Immigration Reform and Control Act of1o8o11 Section Affirmative Action -. 15 nULE1. RECRUITMENT AND SELECTION 16 Section 1. Policy Statement. 18 ,mction2. Application Forms - 16 Gnwbon3. Recruitment and Selection Pmoc=- 10 Section 1. Examination Results 16 Section n. Bm/u|oListc 16 Seodons. Hiring v[Rolab"uo 17 RULE5. APPOINTMENTS,STATUS,AND PROBATION.. . is 8onbon1. Types ofPositions is Section 2. Employee Status 19 8onbono. Attainment ofStatus 19 Section 1. Probation 20 Section 5. Duration ufProbation '20 Section s. Effect of Status onEmplovoeRiqhts and Prw/|enos e1 Section 7. TvpocofAppointments cz Section Roos-cmnmonts 23 Section s Exempt and NoncxomntPersonnel 23 RULE 6. CLASSIFICATION 24 7 _ Aoft� '00%. | Apache Junction Personnel Rules | 20092010 �Scouon 1 Adoption, Amendment.and Revision ofPlan 21 Section z. Allocation ofPositions 24 Section 3. Reallocation of Positions 24 Section 1 Creation. Abolishment and-Roubs,--�ificatiunofPositions 21 RULE7. EMPLOYEE RECORDS 26 Section 1. Policy '26 S000nnu. Accessibility 26 Section 3. Contents ufPor--nnndFile 26 RuLEW. ATTENDANCE AND LEAVES 27 Section Attendance 27 Section 2. Annual Vacation Leave 27 xeotmna. Sick Leave um Section Worker's Compensation ' ' -- 30 Section 5. Military Leave. ' 38 Sem8ona. Leave of Absence without Pay ao Section 7. Leave with Pay 31 Section n. Jury Leave 31 ,Section 9. Subpoena avn 31 Section 1o. Administrative Leave 31 Section 11. Bereavement ave. 31 Section 12. Paid Holidays.... 32 Section 13. Rest Prnod: - - 32 8counn 14. Family and Medical Lcave-zocv 32 RVLs9, OVERTIME ao Section Pn|ov no SeoUonc. Exempt and Non covered Em;e4ovoc: 39 Section 3. Work Period ... ....3Q Section 1. OvemmoKo^mo 10 Section 5. Hours Worked Sevuonn. Travel Time . 12 ceouonr. Paid uvoTknn ' 12 GnoUonn. 8vhct/LuoonofVYork Hours between Emp|ovoc� 19 --- RULE 10. PERFORMANCE REPORT 15 Section 1. Purpose. 45 Section 2. Performance RoportinqRo9*iromortDu,inqProbation 15 Section 4. Unsatisfactory Ratings 16 Section 6 Procedure when Anticipated Rating will be UnsatisfactorV 16 Section 7. Salary Increase 16 RULE 11. DRUG FREE WORKPLACE POLICY 47 8 /11•16.. IApache Junction Personnel Rules 20492010 Section 1. Purpose 17 Section 2 Policy Statement- 17 Section 3. Definitions 17 Section 1. Over the counter or Prescribed Medications . 18 Section 5. Applicants and Employees Sublect to Testing 45 Section 6. Policy Violation 50 Section 7 Effect of Faii-u-re4e-Gemply-with-Poticy 50 Section 8. Employee and Applicant Consent Form 50 Section 9. Rehabilitation 50 Section 10. S rches 51 Section 11. Confidentiality 51 Section 12 Employee Responsibilities 51 Section 13. Management Responsibilities 52 Section 11. Drug and Alcohol Testing Methodology... . 52 Section 15. Procedures 53 Section 16. Commercial Drivers License Holders 53 RULE 12. POLICY AGAINST HARASSMENT 54 Section 1. Policy Statement... . . . . 51 Section 2. Initiating a Complaint . 55 Section 3. Investigation Procedure 55 Section 1. Discipline 56 Section 5. Reprisals Prohibited ..... 56 RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE 57 Section 1. Policy Statement . • 57 Section 2. Prohibitions 57 Section 3. Applicability 57 Section 1. Initiating a Complaint 57 RULE 11. FRATERNIZATION POLICY Si Section 1. General Information 58 Section 2. Prohibitions 58 Section 3. Reporting Requirements . . . ..58 Asir RULE 15. POLITICAL ACTIVITIES 59 Section 1 Purpose 59 Section 2. Policy Statement 55 Section 3 City Council Elections 59 Section 1 Other Candidate Elections 60 Section 5 Retaliation Prohibited 61 Section 6. Other Permitted Activity 61 Section 7. Protection of Civil Liberties . 62 RULE 16. DISCIPLINE 63 Section 1. Disciplinary Actions 63 Section 2. Grounds for Discipline 63 9 A-Nk ~ok | Apache Junction Personnel Rules | 20092010 8ectinno. Written Reprimands 61 Section 1. Pre D/so/p|inorvK«entinq 61 Section 5. Tokino Disciplinary Action 66 ^=� aoodons Notices of Suspension, Qom000n, or Dismissal 66 Section 7. Effect nf Technical Om/crmns. 67 nULE17. GRIEVANCE AND APPEAL PROCEDURES 69 Section 1. Purpose vfGriowunoo and Appeal P,o,odurac eo Scodonz. General — . —.69 Section Grievance Procedure 60 8eotionn. Time Computation ro Seodono. Appou| Procedwvo 71 acounn7 Time Extension 72 Section 1. HeannqOff`onr 73 8c000no. Right of Appeal 73 Section 3. Time o[Heunnq 73 GooUnn1 Pro H o,ingSbtemont-- n} 8o:tmnn Pro HqpnngConference .71 8endnno. Subpoenas 71 Section 7. Continuances ..75 Seouona. Appoa| Hoannou ro RULE 19. SEPARAT|ON|OTMERTHAN-DISMISSAL 79 Section 1 Layoff ra S*oUnno. Re:iqnouon 7Cs Aowwk Apache Junction Personnel Rules 2009-2010 �•. Rule 1. General Purpose, Policy, and Objectives Section 1. Purpose To establish Personnel Rules for the City of Apache Junction_Persennel Rules. 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 Directordepartment 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 and competitive position with respect to the labor market, ..� 3 That involuntary separation of career status employees be for cause, 4. That no unlawful discrimination be practiced 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 excluding elected official; The Human Resources Director is responsible for the interpretation and enforcement of the personnel rules 11 Apache Junction Personnel Rules 28892010 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 will modify its practices as appropriate upon amendment or enactment of a law that may pertain to employment 12 IApache Junction Personnel Rules 20092010 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 (Formatted Heading 3 Section 4.-_Career Status Employees who serve a probationary period and are not temporary, seasonal,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 demanded of the occupants so that the same compensation schedule can be applied with equity Section 6. Classification Date Annual reoccurrence of the date on which an employee was appointed to a pes+t+en--title. Section 7. Classification Plan The orderly arrangement of positions under separate and distinct classes on the basis of current duties 13 Apache Junction Personnel Rules 20002010 Section 8. Classified Service /11141 All positions in the City service,except for those positions in the non- (Formatted:Font.Bold,underline classified service, examples of non-classified positions are. City Manager. City Attorney, Presiding Magistrate, Police Chief,City Council members. and Mayor. seasonal.intermittent, and contractual positions City Manager, City 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 Appemtment I formatted:Heading 3 The appointment movement of an employee from a position in one class to a position in another class assigned a lower salary group i Formatted:Heading 3 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 14 Apache Junction Personnel Rules 20092010 A list of names of persons who have applied for employment in the classified service and who have qualified for consideration by —Auk demonstrating their fitness for such employment. 15 Apache Junction Personnel Rules 24092010 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,and reinstating of employees, management of the classification and compensation system.the performance evaluation system and maintenance of employee records. Section 176._Job Specification-Description A written statement of the characteristic duties, responsibilitie;responsibilities, and qualification requirements that distinguish a given class from other classes,more commonly referred to as job description Section 187. Lay-off Formatted:Norma 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 196. Non-classified Service Positions in the City service which have been designated as non-classified because of the nature of appointment and/or responsibilities The City erCity Manager, City Attorney, Presiding Magistrate, Police ChiefChief. and City Council positions are non-classified positions. Seasonal, intermittent, and contractual positions are also non-classified service positions Formatted.Heading 3 Section 201-9 Overtime Work 16 /1114, IApache Junction Personnel Rules 2009.2010 Those hours in excess of the established number of hours for the established work period — i 17 IApache Junction Personnel Rules 29392010 Section 201. Performance Report The periodic evaluation of an employee's work Sect 21. k an Resources-Director T-k e-H n Reso s Di + ..d + ttom f th Manager,or the Hearing Officer. The Human Resources Director is responsible not limited to, interpreting personnel rules and regulations; authority-te review hiring,firing.transferring, premoting,de n+o of em l YI Section 22. Personnel Ordinance An ordinance:that creates-creates or amends a personnel system for the City of Apache Junction, Arizona. City of Apache Junction,Arizona Section 23. Position An aggregation of tasks and responsibilities requiring the services of one person. Section 24. ProbationPfebationary 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 Appointment The appointment of an employee from a position in one class to a position in another class with a higher salary group assignment. The pr, of gy f a + + th f the dutiee rformd and the r ibilif e r 18 Apache Junction Personnel Rules 20092010 Section 276 Reclassification The process of allocating positions to a more appropriate class whether new or existingaircady created in the classification plan as a result of material changes in the duties of the position Section 278 Reemployment Appointment The appointment reemployment of a former employee during the twelve (12)months immediately following the employee's separation from the classified service. _ Formatted*Normal,Indent Left: 0.5" Section 289. Reinstatement Appointment The appointment of a person from a layoff list. who ha been I�d off anal wh ch c ad It of h' 'h f position being reinstated in the classified service. 19 Apache Junction Personnel Rules 20092010 Section 30. Separation Formatted:Normal 20 Amok Apache Junction Personnel Rules 20002010 Section 29.Separation Formatted:Font.13 pt,Bold Formatted•Font.13 pt,Bold /\ The termination of employment by reason of unsatisfactory completion of the probationary period, lay-off,resignation, retirement,dismissal, or death Section 304 Sick Leave Formatted:Norma Time off with pay granted by the City to career status and probationary employees who regularly work in excess of 19 hours per week_for illness or physical incapacity of the employee or the illness of a member of the emplo.Jeelit eae famil7 h' h `7"' th I tt t' an of the employee. Section 312. Suspension The temporary separation from employment of an employee with or without pay for disciplinary purposes Section 323. Transfer Appointment The appointment movement of an employee to another department and from a position in one class to anot-her position in the same class or comparable class Section 334. Unpaid Absence An absence other than one resulting from the use of accruals,paid emergency absences. or other paid leaves of absence eel vacation or sick �► leaves of absence;commonly referred to as"no pay' Section 345 Vacation Time off with pay granted to the employees at the convenience of the City Section 356. Written Reprimand Written notice issued to an employee. and-is are often considered the first step in the formal discipline process 21 IApache Junction Personnel Rules 20042010 ISection 367. Written Notice A written communication delivered in person or by mail ISection 378. Work Period A fixed and regularly recurring period upon which overtime compensation may be calculated Ilillbk 22 Apache Junction Personnel Rules 20092010 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§38-231 of the Arizona Revised Statutes Section 3. Residency Requirements and Use of City Vehicle All employees are encouraged to reside within the corporate limits of the City of Apache Junction With the exception of key emergency personnel,certified police officers are required to live within a 25-minute response time to the police department. Key emergency personnel shall be required to live within a 15-minute response time to their work location The City Manager,City Attorney, Director of Public Safety/Police Chief, Police CaptainsDivision Commanderc, Public Works Ddirector Director and other persons the City Manager may specify are designated to be key emergency personnel and shall have the use of a City vehicle regardless of residency provided they reside within a 15-minute response time to their .•... workplaces. No employee,other than key emergency personnel,who resides outside the corporate limits of the City,shall have the use of a city vehicle for other than regular working hours 23 Apache Junction Personnel Rules 29092010 Section 4. Compliance with the Immigration Reform and Control Act of 1986 All U S employers are responsible for completion and retention of Form 1-9 for each individual they hire for employment in the United States This includes citizens and noncitizens On the form,the employer must identity documents presented by the ecn-raleyee-arid-re-e-arEl-the-ele.eun4e-et-4e-r-144atie-n-041-th-e-F-EK-F1-1--97 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 Formatted:Heading 3,Indent Left; 0" Section 6 Ethics It is the employee's ethical obligation to refrain from using his/her position for any personal qain 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. preiudice. personal ambition.or partisan demands. 24 Auk, Axe. Apache Junction Personnel Rules 29882010 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 iniunes and illnesses Each employee has a responsibility to {formatted:Indent.Left: 0" • Exercise maximum care and good judgment at all times. Formatted:Indent:Left 0.94",Buileted+ • Report all injuries to supervisors and seek first aid regardless of Level i+Aligned at Lzs^+Indent at. 1.5" 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, if 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 Formatted:Indent:Left: 0.69" Formatted:Heading 3,Indent Left 0" 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 25 Apache Junction Personnel Rules 24042010 Section 9. Outside Employment /'ilb, Outside employment shall not conflict with the position held in the City Any employee who is career status is to consider the City of Apache Junction as the primary employer 26 IApache Junction Personnel Rules 20092010 Rule 4. Recruitment and Selection Section 1. Policy Statement Career status employees who apply for positions under recruitmentvacant pas ition -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 clacified service 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 directordepartment director The selection process may consist of,but is not limited to,evaluation of application material,oral-interviews,written examinations,performance tests,assessment centers,physical ability tests,probationary peuodsperiods,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. 27 p p Apache Junction Personnel Rules 0-8 2010 Candidates may inspect their own examination papers Section 5 Eligible Lists An a€legible lists shall remain active for six(6)months-or until exhausted, whichever comes first,and may be extended prior to_its expirationits 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 is-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,gurardianshipquardianship,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 f qualify_. If there is an immediate vacant position in which to transfer, Tthe 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 All family relationships existing within the same department prior to December 1986 shall be grandfathered No person related by blood or marriage as defined above,of an-active City Council member.City Attorney, Magistrate Judge. or department director.shall be appointed to a position in the City of Apache Junction -o-r 28 Apache Junction Personnel Rules 20492010 the City Manager, shall be employed by the City of Apache Junction Source ARS 38-481. Amok 29 IApache Junction Personnel Rules 20092010 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. Position A. Duration The duration of each position in the City service shall be determined by one of the following definitions. 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 Formatted.Indent:Left 0.5", No bullets or Each position in the City sorvice shall be identified by one of the 1.numbering following categories: 1 Full-time A full time position is one in which an employee is generally scheduled to work forty(40)hours per week. 2 Part-time A part time position is one in which an employee is generally scheduled to work less than forty(40)hours per week 3 Seasonal A seasonal position is one in which an employee is employed to meet regular recurring seasonal needs 4 Intermittent,Temporary,or Per Diem A position in which an employee n intermittent, temporary, or per diem position is one in which an employee works as needed_and which requires a large degree of flexibility in the number of hours worked either on a daily,weekly, monthly, or annual basis 5 Contractual A contractual position is one in which an individual employee receives compensation and other benefits per a contract as employee and the City 30 Apache Junction Personnel Rules 2-8882010 /1\ 31 Apache Junction Personnel Rules 200552010 Section 2. Employee Status - - -- ;Formatted.Normal 1 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 service position. other than a non-career status position,-shall hold initial probationary status for the probationay< period,which is one(1) year, unless they are appointed to a title which requires AZ POST certification. refer to Rule 5. Section 5 -required for the position 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 probationary period.which may be as evidenced by an end of the probationary notification. 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 required in that the former position In order to achieve career status in the position to which promoted,the employee shall serve the remaining probationary period required for that position in transitional probationary status 32 Apache Junction Personnel Rules 20492010 C, Transitional probation Every career status employee who is promoted,transferred: or voluntarily demoted shall hold transitional probationar-y status for the full probationary period of the new position where a probationary 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 remaininagin his/her probation period rems1be Indent Left 1" D Non-career Status Employees+n the City cervicc who are appointed to limited, l►amathd:Indent Left 0.5" intermittent,seasonal,or contractual positions shall hold non-career status for the duration of the appointment and shall not serve a probationary period Non-career status employees include the City Manager,City Attorney, Police Chief,and and Presiding Magistrate_- 33 Apache Junction Personnel Rules 20092010 Section 4. Probation I Probationary 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 employeecmployco 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 epartment 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 Notification to the Human Resources Director shall be at least two(2)weeks prior to the action and completion of the probationary penodprobation period end 34 I\ IApache Junction Personnel Rules 2O-O 2010 B. Separation during transitional-probation An employee in transitional probationary statusprobationary status may be �.. I separated if the employee does not perform satisfactorily during the transitional probationary period An employee in transitional probationaryary status has no right to return to his/her former position. The Department dOirector 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 Formatted.Numbered+Level.1+ The initial probation period shall be one Numbering Style:A,B,c, . +start at 1+ Alignment:Left+Aligned at 0.5"+Indent at (1)year of actual service from the date of appointment,except for Police i 0.75" personnel in titles requiring AZ Post certification Formatted.Font.Bold,Underline The initial probation period for titles requiring AZ Post certification" {Formatted:Font*Not Bold,Not Italic,Font shall be one(1)year.providing they hold AZ POST certification at time of r color Auto appointment. Those not holding AZ Post certification at time of Formatted:Font Not Italic,Font color Auto appointment and where AZ Post Certification is required to continue in the Formatted*Font Not Italic,Underline,Font title shall serve a fifteen (15)month probation period. color Auto Formatted:Font Not Italic,Underline,Font color Auto At the request of a department director,the Human Resources Director may approve an extension of the initial probation period to a maximum of I Unrmane nc Not Bold,Not Italic, _...... __--.... Undedire,Fontcolor•Auto three(3)months actual service Formatted.Font Not Bold,Not Italic,Font certified law enforcement officers color.Auto per-teac,. Formatted:Font:Not Bold,Not Italic,Font color Auto Formatted.Underline aer,-,_al if the ❑ n r is in the best interest of the City l Formatted:No underline B Transitional I Formatted:Numbered+Level.1+ The transitional probation period shall be six(6)months from applicable Numbering Style:A s c . +Start at 1+ Alignment Left+Aligned at 0.5"+Indent at. action and is required for Probationary periods are required for transfers, I a75" promotions, and voluntary demotions unless requested to be waived by Formatted:Font Bold,Undet+ir the Department d-irector 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 Formatted.Underline three(3)months actual service 35 Apache Junction Personnel Rules 20092010 For the purposes of the section,actual service shall be measured in calendar days,a rrecpectiveregardless of whether the position has a full- time or part-time work schedule. �.., 36 Apache Junction Personnel Rules 240-92010 Section 6. Effect of Status on Employee Rights and Privileges A. Employees in Initial Probationary Status / [Formatted Indent Left 0.5', No bullets or An employee in initial probationary status (numbering 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, Formatted:Indent Left 0.5', No bullets or I'� 2 May not grieve or appeal any decision relating to his or her numbering_ employment, including dismissal,except for alleged unlawful discrimination as provided in Rule 17,Grievance and Appeal Procedures B. Employee in Career Status B Formatted:Numbered+Level 1+ Numbering Style'A,B,C, . +Start at 1+ Alignment Left+Aligned at 0.5"+Tab after 0.75"+Indent at 0.75" 1. May be disciplined or dismissed e+lyonly-for cause, Formatted Indent Left 0.5', No bullets or 2 May file a grievance or appeal for the reasons specified in Rule 17, numbering aseGrievance. and Appeal Procedures.- Formatted:Underline 2- t _ Formatted.Indent:Leff; 0.5", No bullets or 3_May receive reinstatement appointments without serving a new numbering probationary period, ( __. l Ferm eed:Indent Left 0.25" C. Employees in Transitional Probationary Status -- Formatted Indent.Left 0.5", No bullets or An employee in transitional probationary status and who has tumbering completed an initial probationary status has the rights and privileges of Formatted•Indent Left 0.75" oak 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 n i otatu 1 May be separated at any time; -1- - Formotteedt Indent Left 0.5", No bullets or numbering 37 1 Apache Junction Personnel Rules 20092010 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. .•�. ow, 38 Apache Junction Personnel Rules 20092010 As. Amok 39 Apache Junction Personnel Rules 20 2010 Section 7. Types of Appointments A Initial Appointment "IS fFormatted:Indent'Left 0" City service. g-A Promotion Appointment The appointment of a careern status employee from a position in one class to a career position in another class assigned a higher salary group S-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.his er hi—form sition statev n to C Formatted: No bullets or numbering 1 P-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 ▪ Transfer Appointment The appointment movement of an career status-employee from one department to another department and from a position in one class to another 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. If the transfer involves a Bboth dPepartment directors must consent to the transfer IE. Demotion Appointment The appointment movement of a career status n-employee from a position in one class to a position in another class assigned a lower salary .�. group 1 A dsepartment dthrector 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-disciolinarry 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 d4Department d1 irectors consent to the demotion. 2 Formatted:Indent:Left 0.5", No bullets or cumbering 40 Apache Junction Personnel Rules 28832010 Section 8. Reassignments 0.0 A dsepartment dOirector may assign or reassign an employee at any time to any position within the employee's classification and-in the same department_ __p±ththat a,_acc:gnm_nt shall not affect the state _ „f tha employee involved ON Ilk 41 Apache Junction Personnel Rules 20092010 Section 9. Exempt and Nonexempt Personnel An employee is At the time an individual begins employment with the City he/she shall be designated exempt or nonexempt in accordance with-the Fair Labor Standards Act(FLSA). Unpaid trainees,independent contractoo nd yoolunteers such.,s F, -.rd an d n m csiorr-rrrc.mbers. police, park and recreation, public works and library volunteers shall be excluded from this proces.,because they arc not employees of the City 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 unless 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 Nonexempt Employees Nonexempt employees are FLSA covered paid-employees who do not meet the FLSA criteria for exempt employees. Non-exempt employeeslndividuals in these positions must be compensated at time and one-half their regular rate of pay for all hours worked in excess of the-40 within the position's designated seven day 7-day work periodwark-pefiod -Nonexempt employees shall be compensated for overtime in accordance with Rule 9, Overtime formatted:No underline 42 ... IApache Junction Personnel Rules 20092010 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 Allocation eof Positions The Human Resources Director is responsible for classifying allocating every position in the classified service_to one of the classes established by the plan Section 3. Reclassification f Positions I A filled position may be (collocated or 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 dDepartment director or an incumbent may request a classification review of the position. The determination by e#-t#the Human Resources Director of the appropriate class shall be final and is not subject to the grievance or appeal procedure Reclassification Reallocation shall not be used for the purpose of avoiding conditions for restrictions concerning demotions and promotions 43 Apache Junction Personnel Rules 20002010 Section 4. Creation, Abolishment and Reclassification of Positions Creation, abolishment, and reclassification of positions in salary group 68 67 and above may be initiated by the Human Resources Director to the City Council through the City Manager. The City Council will 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; such action shall not negatively impact the City's budget 44 1 Apache Junction Personnel Rules 29842010 Rule 7. Employee Records ... Section 1 Policy Employee records will be kept confidential except as required by State or Federal law The official employee personnel file is maintained by the Department of Human Resources The official file is not maintained by the department Section 2 Accessibility Employee records that are considered to be public records are available pursuant to Arizona Law to anyone with an appropriate appointment and request These records include such information as an employee's name,date of hire. clas.,ificat{on,salary group, rate of pay,and duties performed Information- obtained for business use and contained in the personnel files is not a matter of public record and are not generally accessible to ovoryono Employee personnel records maintained by the City arechould be_accessible to the following A City Manager,Human Resources department staff,employee,department dircctordepartment 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 Formatted: No bullets or numbering appointments ch r hall be b,,, ed tw ith the u Resources Department. _Employees shall not remove any records from the personnel file effbut 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 B. G-D. Legal representatives of the employee and the City_including a hearing officer. ID-E. Personnel Rfecords 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 shall be placed in any employee's personnel file without the prior knowledge of the employee and the employee's dgepartment dQirector This shall not be construed to mean"agreement of employee" 45 Apache Junction Personnel Rules 29892010 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 and a notation on the response that it is copied to the Human Resources department as notation on the response that it is copied to the Human Resources Department Upon receipt in Upon receipt, Human Resources the response shall be placed in the employee's file_attached to the appropriate city document. Status Changes It is the responsibility of t The employee shall keepto 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 46 .ems ... Apache Junction Personnel Rules 29892010 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. for Ic\av This absence is c. and is automatically considered to have reslgnpdresignation Formatted:Underline by lob abandonment {Formatted.Underline,Strikethrough Formatted:Underline except when extenuating circumstances pro fo d��4ee, etod Tardiness and/or absenteeism or pattern of absences and/or tardiness may result in disciplinary action by the department director Formatted:Normal,Justified Section 2. Annual-Vacation Leave I All Eemployees in the clac.,ificd service 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 I B. Employees who work on a volunteer basis C.-B. Employees who work less than 1,040 hours per year tee` 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 ther after vacation thereafter vacation 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, - in advance-by the Department Dircctordepartment 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 Iof 320 hours at the first of any calendar year becomes void at that time. 47 ... ..r Apache Junction Personnel Rules 2-0092010 -It is the responsibility of the employee to schedule his/her vacation time in compliance with departmental workloads and needs p In_—cases where employees are unable to use accrued vacation due to department workload, an exception may be made with City Manager approval Department Director and City Manager approval The annual vacation leave policy is as follows for employees working 2,080 annually 1 year - 'I yearc4 years 96 hours 5 years -5 years Oyears 9 years 120 hours 10 years 10 years - 14 yearsl'I years 144 hours 15 years or more 15 y ars or more 192 hours Vacation I-Leave credits are will be 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 Employees who become ill or are injured are entitled to sick leave with pay in accordance with the provisions set forth in this section A. Accrual All career status and probationary employees who work 20 hours or more a week are entitled to sick leave 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.full t pl yces accrue sick leave at the rate of eight(8) hours Formatted-underline per calendar month All employees may bank up to up-tea maximum of 1,040 hours.Sick leave is neither earned nor posted when an employee is at the maximum Sick leave accrual is based an continuous active employment and will not accrue during a pay period when an employee is on unpaid status for the full pay period. 48 Apache Junction Personnel Rules 2-0492010 B Use of Sick Leave Sick leave for reasons other than those covered by Section 13, Family and „a . Medical Leave Policy(FMLA), may be taken in accordance with the following. 1 The employee must have completed thirty(30)days of employment before sick leave Is can-be granted 2. In order to receive compensation while absent due to illness, Formatted.Underline employees shall notify their immediate supervisor prior to.,or within one (Formatted:Underline hour, after the time set for beginning their daily duties. An employee (wed:Underline must notify her/his supervisor on each day of absence unless other Form.Underline arrangements have been made with the supervisor Failure to provide (Formatted:Font (Default)arias,12 pt proper notice may result In disciplinary action Formatted-Font:(Default)Arial,12 pt 2— DDcpartment Dircctorepartment directors may establish written Fonnatte numberringing ustParagraph No bullets or sick leave reporting procedures which differ from this Formatted*Indent:Left 0.25", No bullets or standard for their department or specific division/units within numbering their department or for_individual employees in order to meet departmental program needs or workloads. 3 Sick leave constitutes absence for reasons of illness or injury.dental. optical, or medical appointments.quarantine regulations.and serious Formatted:Underline illness of the employees or when through exposure to a contagious disease a physician certifies that the employee s presence at place of duty jeopardizes the health of others - Formatted List Paragraph, No bullets or 4 No more than 40 hours of sick leave each calendar year may be taken "umbering in cases in which an employee is absent for reasons of illness or injury, Formatted*Underline dental, optical or medical appointments for his/her immediate family or foster child. 3 No more than three(3)days of sick leave each calendar year may-be Formatted.Indent:Left 0.25",Hanging take ",ti ch ..r,., ti t f r n 0.5", No bullets or numbering } attendance by the employee or when through expo.;vre-to a at place of duty jeopardizes the health of others. -lImmediate family includes parents,spouse,children,brother, sister, grandparents,grandchildren or any relative who resides with the 15 an actual member of the employee.'s household 49 Adm. Apache Junction Personnel Rules 20032010 5 Employees who have exhausted their sick leave may be approved to substitute their accumulated vacation leave upon upon approval by the epartment director and Human Resources Director (Formatted. No bullets or numbering 4—Should an employee require an unpaid leave to support their absence l Pomaded.underline because all accruals have been exhausted and there are no leave donations, Rule 8 Section 6 Leave of Absence without Pay applies 1 Formatted:List Paragraph,Indent Left. 0.75", No bullets or numbering Formatted:Indent Left: 0 25 No bullets or numbering 6. Sick leave shall not be granted in advance of accrual. emr� Formatted. No bullets or numbering 7 If the employee did not submit a Leave Request prior to the absence. the employee shall do so upon request or. if not requested. (Formatted Font Bold immediately upon his/her return to work. I Formatted:List Paragraph, No bullets or 5 t numbering Formatted:Numbered+Level 1+ r When the omployoo has ro* rued to work th„ompioyee shall b t Numbering Style I,2,3, . +Start at 1+ t{[ Alignment Left+Aligned at: 0.5"+Tab after an Authorization for Leave fern to-his/her immediate supervisor 10.75"+Indent at: 075" Formatted:Numbered+Level.1+ -7-8. No employee shall receive sick leave as a result of a job injury or i Numbering Style:I,2,3, . +Start at.1+ illness incurred while employed by someone other than the City of Alignment�ent�ao Aligned at os"+Tab after Apache Junction C Investigation of Sick Leave 1. Departmentt-Ddirectors 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 and may result in dismissal 2 A-Ddepartment I director may require submission of evidence from a licensed health-care practitioner substantiating the need for sick leave If the Department Directordepartment 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 - Formatted: No bullets or numbering 1 A-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 directordepartment director,with the approval of the Human Resources Director, may require an employee to 50 Amok Apache Junction Personnel Rules 9892010 be examined by a licensed health-care practitioner designated by the Human Resources Director. Amok +f-the-elepar-tm-ept-d+r-estef-lcfas-r-ea&GR-tG-betiave-th-e-emplayee-s.h.e4444-Ret work Ida to illnes erform th F t. for duty. If the licensed health-care practitioner determines that the employee should not work due to illness or injury,the department directordepartment 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 directordepartment director and Human Resources Director will investigate possible reasonable accommodation for the employee The department directordepartment 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 this Subsection "D" The employee shall not be charged any leave credits while participating in or traveling to or from any examination required pursuant to this Section"D" E Sick Leave PayoutBuy back The City offers a payout upon retirement,employee death and in instances of resignation of employment The payout shall be as follows. eeRerets-ef-payi-eg-50-pereent-ef-theal-4e-ef-a14-acee-eati-lated-efek-lea4e of sick leave hours between 610 and 1010 hours inclusive. 0- 320 hours 0% 321 - 639 hours @ 50% 640-1 040 hours(c)25% - Formatted:Numbered+Level 1+ I Numbenng Style'1,2,3,.. +Start at.640+ Alignment:Left+Aligned at 1"+Indent at 1.28" F Donation of Sick Leave Hours between Employees f Formatted:Indent:Lett 0� -- -- F Instructions governing donation of sick or vacation leave hours are „ , No bullets or numbering established by Administrative Procedure 51 Apache Junction Personnel Rules 20092010 n i C d A d } t' D d • bl' L. t F•a Cm�Io�c��mer9c oT- a v �a �c ac c vvcaa�cv cOtcrpt rJc-t will be made. 52 IApache Junction Personnel Rules 24 92010 A.A. Section 4. Worker's Compensation f Formatted Normal i Worker's compensation and on the lob illness incident. or injury procedures are established by administrative procedure. i Formatted:Normal --- Employees who sustain a job-_related injury disability that is compensable under the Arizona Worker's Compensation law are covered by the provisions of that law - medic l e d�nvc`� - er1anT� written report(Supervisor Report of Work Related Injury)as coon as po-sible to the-4i a.;Resources Department IInstructions governing worker's compensation procedures are established by administrative policy. Section 5 Military Leave Military leave shall be granted in accordance with the-previsions of 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 Section 6. Leave of Absence without Pay A written request for a Leave of Absence without Pay must be submitted to the - f Formatted:Normal employee's department director Upon the approval of the Human Resources Director.leave may be granted for no more than three(3)months in a 12 month period In order t be, a d f f nh ith t th e employee must submit a Awritten request andcubmit stir A leave of absence without pay may be granted for up to 12 months. if the absence is due to a worker's compensation covered event 12 month period No such Lleave shall be granted only except upon written approval of the Human Resources Director which cote-forth the r_ f th t 53 Apache Junction Personnel Rules 24892010 During a leave of absence without pay of at least one full pay period,credits and benefits do not accrue,and if the employee elects to continue health and dental _ {Formatted.Underline insurance coverage he/she is responsible for his/her portion of any premiums Because retirement credit may be affected,the employee should consult with his/her retirement plan for information regarding retirement service credit and his/her leave of absence without pay The approval shall be in writing Ten-{-1-0} 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 Because of this, 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 on leave to report to duty upon expiration of the leave; shall be cause for discharge The effective date of discharge will be the first date of leave of absence without pay and the employee is subject to collection by the City for premium contributions paid on behalf of the employee during the Leave of Absence without Pay Formatted.Normal 54 Amok Auk Apache Junction Personnel Rules 20002010 .�• Section 7 Leave with Pay Upon determination by the Department Directordepartment director, and after consultation with-through 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 More-Eextended periods of leave with pay may not be granted except by express approval of the Department Directordepartment director and City Manager Section 8. Jury Leave Employees who are regularly scheduled to work 20 hours or more in a week and 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 Formatted:Normal 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. r Formatted:Norval 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_when required to appear in court as a witness under a subpoena. if--the-s-ulapeena-ar-etiler-aFeler--af-the-ee4Ft-apeeaFaftee-Es-G*Fel-ateethe employee will be reimbursed at full salary for work hours missed. Section 10. Administrative Leave 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 Employees on paid administrative leave are subject to all of the Personnel Rules and other City policies/procedures, and may be required to report to their supervisor on a regular basis 55 Apache Junction Personnel Rules 20092010 Section 11. Bereavement Leave Employees are permitted up to five(5)three(3)days of bereavement leaves three(3)of which must be consecutive,-due to an each instance where the employee's presence is required elsewhere because of the death of his or her parent,child,foster care child,sibling,spouse, or relative who is an actual member of the employee's household Employees are permitted a maximum of three(3)consecutive days of bereavement leave due to the death of a-grandchild,er-grandparent,parent-in- law,daughter-in-laws,son-in-law,brother-in-law,sister-in-law,stepparent, stepchild,stepbrother,stepsister, half-brother,er-half-sister, or foster care child When out of state travel is necessary,vacation leave may be used for days in- execs',of three(3). Formatted:9trikethrough Section 12._,Raid-klelidaysHolidays The City observes 112 holidays,they are 1 "New Year's Day" 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" 12 Employee's Birthday Observance of the above stated holidays shall be in accordance with the (Formatted:Indent:Left 0" ) /a, observance prescribed by State and/or Federal Law -When a City observed legal holiday falls on a Saturday,the preceding Friday will° Formatted:Indert:Left 0" be considered a holiday When a holiday falls on a Sunday,the following Monday will be considered a holiday. It should be noted that Public Safety and other essential service employees might be required to be on duty on holidays thei-4,4e est ofr u bl,.health of r i It r th C r Career status full time employees (32 hours or more per week) are provided Formatted.Indent.Left o" eight(8) hours pay for each City observed paid holiday.career status part time employees (20 to 31 hours per week)receive five(5) hours pay for each city observed paid holiday. 56 | Apache Junction Personnel Rules / For those holiduvueliqible for holiday pav the employee must boon pay status the day before and the day after the ho|idmv. This means ifon employee mon leave without Pay o,/nonv other nvpov status he/she will not bo paid for the holiday. ^---/wm°atmw.und°rt:Left: 0' ) 57 - .•. Apache Junction Personnel Rules 20092010 Section 13 Birthday Leave Full time employees working 32 or more hours per week are given eight(8)hours=- I Formatted.Indent:Left: 0" y 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. Birthday Leave hours may not be used in less than an eight(8)hour increment for full time employees and a two(2) hour increment for part time employees i Formatted Indent:Left. 0" 1 Prior to taking a-birthday leaveholiday,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 (Formatted:underline j 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 Formatted*Indent:Left 0" i Section 143. 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"banked"so as 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 I during the rest period 58 IApache Junction Personnel Rules 20002010 ISection 154. Family and Medical Leave Policy A Basic Leave Purpose 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 employees 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 Formatted:Numbered+Level 1+ Numbering Style:A,B,C, . +Start at 1+ Alignment Left+Aligned at 0.25"+Tab An eligible employee can take up to12 weeks of FMLA designated after* 0.5"+Indent at 0.5' leave to address qualified exigencies related to the employee's spouse, Formatted:Indent:Left 0 son,daughter,or parent being on active duty or being called to active duty Formatted.Indent:Left 0",Don't adjust status in the National Guard or Military reserves space between Latin and Asian text,Don't adjust space between Asian text and numbers C Military Caregiver Leave Formatted:Indert:Left 0" Formatted:Numbered+Level.1+ Numbering Style:A,B,C, . +Start at 1+ The FMLA includes a leave designation that permits eligible employees to Aligr",e5.Left+Aligned at 0.25"+Tab take up to a combined total of 26 weeks of leave(Basic and Military after* 0.5"+Indent at 0s' Caregiver Leave)to care for a covered service member(next of kin)who :Indent:Left. 0" is recovering from a serious illness or intury sustained in the line of duty Formatted:Underline while on active duty D The City of Apache Junction under the FMLA 'Form.ttd:Numbered+Level:1+ Numbering Style.A,B,C, +Start at:1+ Alignment Left+Aligned at 0.25"+Tab - Uses a rolling 12 months,measured backward from the date an (after: 0.5"+Indent at 0.5" employee uses any leave designated as family medical leave t Formatted:Indent:Left 0" • Formatted:Bulleted+Level.1+Aligned at - Requires the use of accrued leaves to run concurrent with the 10.53"+Indent at 0.78" designation of family medical leave (-Formatted:Indent.Left 0.53" Formatted:Indert:Left 0.5",Rrst iine• 0", Bulieted+Level 1+Aligned at: 0.53"+ Indent at. 0.78",Tab stops. 0.81",Left (Formatted.Tab stops 0.81",Left 59 IApache Junction Personnel Rules 20092010 E Definitions • Formatted: No bullets or numbering j For the purpose of designation of 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 • I Formatted:Numbered+Level 2+ who stood in place of the parent to that employee,or an Numbering Style a,b,c, . +Start at 1+ Alignment:Left+Aligned at: 1.25"+Tab employee who has day-to-day responsibilities of caring for a after 1 5"+Indent at 1.5" child a 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. Formatted No bullets or numbering 2 Next of Kin (Military Caregiver Leave) the nearest blood relative Formatted other than the covered service member's spouse, parent, son or daughter, in the following order of priority Blood relatives who have (Formatted:Underline been granted legal custody of the covered service member by court of decree or statutory provisions.brothers and sisters. j Formatted Underline grandparents,aunts and uncles. and first cousins. unless the (Formatted:Underline covered service member has specifically designated in wntinq Formatted.Underline another blood relative as his or her nearest blood relative for Formatted:underline --j purposes of military caregiver leave under the FMLA. (Formatted:Indert Left: 1.25", No bullets or numbering -2,3 Serious Health Condition an illness, injury,impairment,or (Formatted Underline 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 60 I Apache Junction Personnel Rules 20092010 I GF 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 Family and Medical leave may be designated 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 . -(Formatted.Underline Guard,or Military reserves in support of a contingency {Fomutted:Underline 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-e To care for a current member of the Armed Forces who has serious iniury 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 (ram.usd:Underline Caregiver Leave) *29 CFR 825 127 ^ G Duration of Family and Medical Leave Eligible employees are allowed to be grantedhavo up to-12 weeks of unpaid leave for basic FMLA and Exigency Leave and up to a combined -(Formatted:Underline total of 26 weeks for leave under the military caregiver provision of the designated underFMLA in a 12-month period The 12-month period w+ll be-is computed as a rolling 12-month period measured backward from the date leave is used 61 Apache Junction Personnel Rules 29892010 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 - ' e:Indent:Left: 0 75",First line 0", employee shall use all accrued sick leave before using accrued Numbered+Level•1+Numbering style:1,z, vacation leave 3, . +Start at 1+Alignment:Lee+Aligned at: 0.75"+Tab after 1"+Indent at 1" Formatted:Indent:Left 0.5", No bullets or 1. Accrued sick I dye will be allowed to be used only for the I numbering Io„em s s s heultti d+o t that _ I Formatted*Indent:First line 0". iir.h.�.,�.,.,....ef'v..F 7A ti r..L L, ' �.vc^+,...,L..",d., t line. when.. c ..I,".. v l ti ti F Illness of a member of the employee's immediate fem+ly Formatted Indent:Left 0.75",First line 0", 2 All accrued vacation leave shall be used before unpaid leave may Numbered+Lever 1+Numbering style:1,z, 3, . +Start at:1+Alignment Left+Aligned be used at: 0.75"+Tab after. 1"+Indent at I" Formatted:List Paragraph, No bullets or 2- numbering 3 The amount of unpaid leave available shall be the time remaining after having deducted the eligible accrued paid leave time sick leave and vacation leave,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 as FML,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 IFormatted.Indent:Left 0.5", No bullets or numbering Formatted:List Paragraph,Numbered+Level ! ^ 1+Numbering Style:A,B,C,.. +Start at:1+ I Alignment Lee+Aligned at 0.25"+Tab after 0.5"+Indent at: 0.5" i Formatted:List Paragraph 62 w p 1 Apache Junction Personnel Rules 28992010 C I Reduced or Intermittent Leave Amok 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 Dcpartmcnt Dircctordepartment 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 Directordepartment 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 Amk 63 .r Apache Junction Personnel Rules 28BB2010 1d-,1 Notice Requirements 1 Thirty-day-notice Requirement. An employee who has a preplanned FMLA qualifying event designated under the FMLA must give his or her dDepartmcnt Dircctorepartment director thirty(30)days advance notice where practical_or when the I ave is foreseeable. The notice may be verbal and the Department Directordepartment director shall document the request for leave and provide a copy to the Human Resources Resources-Director 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 Directordepartment 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 enough sufficient information to enable the City to designate the leave under the Act Formatted.List Paragraph, No bullets or cumbering Formatted.Indert.Left: 0.5", No bullets or numbering I-K. Medical Certification and Reporting Requirements Formatted:Indert:Left: 0" 1 The City may shall 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 the Human Resources Directei-within fifteen(15)calendar days of the request for certification TheThe-144Fhah-Heseu-rees-D-freeter--ehall-reffu.est the certification in writing. 2 The certification must include the following a The date on which the serious health condition commenced, b The probably 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 64 Apache Junction Personnel Rules 28992010 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 shall 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 employee.-at the City's expense,to the employee 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 to obtain subsequent recertification on a reasonable basis This includes the need for intermittent leave Formatted:List Paragraph, No bullets or s — numbering The em loyee n le. ve d� ted under+�F�ni n +f r,.,�.,� .. �,y� u .ten-,,,�,�,�,rp h ib ,Department n eet f ti th tat a f t + t + work at the conclusion of every fourth week of leave. -7-6 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 and Benefits i Formatted. No bullets or numbering J-1 An employee will not lose any employee benefits accrued before - - Formatted.Nuud,ced+Level I+ "Ink the date on which his/her leave is designated as family and medical Numbering style:1,2,3, . +start at I+ Alignment Left+Aligned at 0.5"+Tab after leave and while on leave designated as family and medical leave 0.75"+Indent at 0.75" -The eAn employee will not lose any employee benefits accrued before the date on which his/her leave is designated as family and medical- leave a Employee will not accrue vacation or sick leave during any unpaid absence. b. If the employee is not compensated in a month, retirement credit will not accrue 65 Apache Junction Personnel Rules 2Q-O 2010 c The employee is entitled to have his/her health and dental benefits maintained while on leave as if the employee had continued to work oars b Retirement credit will not accrue during any unpaid absence. e-d The unpaid absence will not constitute a break in City service for seniority purposes 2 Health Coverage Employees on leave designated as family and E Formatted*No underline 1 medical leave will continue to receive the same group health coverage they had while in paid status with the following conditions. - Formatted Indent:Left 0.25", No bullets or a It shall be the responsibility of an employee on unpaid leave numbering which has been designated as family and medical leave to provide his/her portion of the premium those payments necessary to maintain health and dental insurance coverage I Formatted:Indent:Left 0.75", No bullets or b If an employee decides not to return to work,the City is entitled numbering to recover from the employee the cost of the health insurance premiums paid while the employee was on leave designated as 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). I i‘M. Return from leave designated as Family and Medical Leave 1 An employee who has taken leave for his/her serious health condition shall present to the department directordepartment 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 orpocition an 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 66 Apache Junction Personnel Rules 20992010 55 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 -- Formatted'Indent Left 0.25", No bullets or 5--- numbering Formatted:Indent Left 0.25" M. _ {Formatted. No bullets or numbering 67 IApache Junction Personnel Rules 20002010 I Investigation of Family and Medical Leave Use of Family and Medical L avoUse 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 68 Apache Junction Personnel Rules 24042010 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 dircctordepartment 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_on the appropriate form. Section 2 Exempt and Non-covered Employees Not all employees of the City of Apache Junction are coveredaffected by the Fair Labor Standards Act(FLSA)). Certain employees simply are not covered by the Act(i c., non covcrcd employees). Other employees, ... Non-covered employees include elected officials,City Manager,City Magistrate,City Attorney,and bona fide volunteers, 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 shall be excluded from payment of overtime hours and/or on call pay However,exempt 69 Apache Junction Personnel Rules 2009.2010 employees shall not be docked for hours worked that are less than eight (8)_on a given day 70 Apache Junction Personnel Rules 20092010 Section 3. Work Period All employees assigned a nonexempt status shall be paid an amount equal to one and one-half 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 under this Rule) in execs of forty(10)hours por work ponod A work period is defined as seven consecutive days Section 4. Overtime Accrual I1n situations where an employee begins work prior to,,or after, his/her scheduled starting time or ends work-prior to,or after. beyond-his/her scheduled ending time. credit shall not be given for increments of time that are seven(7)minutes or less;_credit shall not be given for increment-of time of seven minutes or Ie✓c,incromcntclncrements 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 employers 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 EFLSA ,Call-Out Time (Formatted:Underline 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- exemptR-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)eae-hour's compensation Meal Time (Formatted.underline j Meal periods are not compensated when the following three llnlcoc all the conditions are met_, meal periods must be counted as hours worked, (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)- 71 Apache Junction Personnel Rules 200G2010 Uniformed police officers who arc on their regular shift and subject to call. mealtime. ^' 72 .r IApache Junction Personnel Rules 20492010 On-call Time L Formatted.Underline If an employee is unable to use-eff-duty those hours shall be conciderest-haur-g--w4rkod. If a non-exempt the employee+s-assigned on-call status and is able to use the off-duty time for his/her eve-purposes,the hours will not be considered hours worked -If the an employee is required to perform any work-related duties during on-call time,the time will be calculated as hours worked The An 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 at the rate of$1.00 per hour for each hour served in an on-call status This compensation would not apply when the employee is required to perform work-related duties during on-call time since that time is to be 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 Formatted:Underline } 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,then the employee must be compensated —It is the supervisor's responsibility to make certain that unauthorized wanted 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 Waiting Time #Formatted:Underline If a non-r+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 73 Amt. Apache Junction Personnel Rules 20o02010 starts, and merely waits to begin working,his/her waiting time will not constitute hours worked Non-exempt employees,Workers who are required to stand by ready for duty,whether during the lunch periods,during machinery breakdowns,or during other temporary work shutdowns, must be paid for this time Since able to use the time for his or her-own purposes,this is working time Other Examples of cGompensable hHours wWorked • Caring for tools that are a part of principal activities,such as guns and vehicles(unless also allowed for personal use)by police officers,tool tools. and equipment for parks and streets workers • Changing clothes,if requested or controlled by the employer • 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 tTime n-Not considered"hldours wWorked"for the Formatted:underline purposes of oQvertime cGompensation {Formatted:Font.Bold,underline f Formatted:Font*Not Bold,No underline • Jury duty E Formatted:Indent Hanging 0.5",Tab stops • Military leave 1.06",List tab+Not at 1.25" • On-call time where the employee merely leaves a telephone - Formatted:Indent:Hanging 0.5",Tab stops. 1 number and is not restricted 1.06",Left • Sick leave Formatted:Indent*Hanging 0.5",Tab stops 1.06",List tab+Not at 1.25" _l • Time spent before,after,or between regular working hours • Voting time if outside the regular-scheduled hours of work • Compensatory time Formatted:Indent:Left• 0.75",Hanging. 1 • Birthday Leave 0.38",Tab stops 1.06",List tab+Not at 1.25" Formatted. No bullets or numbering 74 PIS Apache Junction Personnel Rules 24092010 Section 6. Calculation of Overtime When a nonexempt employee is on paid leave time,and he/she is completely relieved of all duties,such time is not hours worked for the purposes of calculating overtime.klowever,holidal and vacation leave {Formatted:underline ) hours are considered hours worked for the purposes of overtime calculations Section 7. Compensatory Time in Lieu of Paid Overtime ._ ._._. _tNo bullets or numbering 1 The FLSA permits the City of Apache Junction to provide compensatory (Formatted time off 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 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 policy. Employees who change from one pay range to another,either by promotion or demotion,shall be required to make such conversion before transitioning into the new position. 75 i Apache Junction Personnel Rules 24042010 Section 8 Payment of Compensatory Time at Termination of Employment AIN 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 Formatted.List Paragraph, No bullets or i numbering 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 f Formatted: No bullets or numbering 1 76 Apache Junction Personnel Rules 2-9892010 .•. Section 106 Travel Time Home-to-Work Trove( Formatted.Underline• 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. But 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 during the Work Day i Formatted.underline 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 there, or pick up tools,and travel from the designated meeting place to the work site is considered working time Out-of-town Travel Formatted Underline Where employees travel out of town overnight on business they must be paid for time spent i-R-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 Section 7. Paid Lease Whern a v.nnovom +nma^ e� d I + f th F ! r � or military leave,and he/she is completelyof d^ ^ ^f^n + such-time Holiday and at I h 'd d h I el F th Section-g Substitution of Work-Hours-betwee feyees (Formatted.Heading 3 J Formatted.Heading 3,Indent.left: 0" Public. , 77 IApache Junction Personnel Rules 28992010 A 1 substituted-W0*--Wis-important-to-be-aware-that-the-substitution Formatted:Heading 3 time off in lieu of monetary overtime compensation,at a rate of not lcs as-that g olly ed f alc Iaf + t' received may be preserved,used, er paid consistent with the provisions of this policy. The agreement must be reached prior to the accrual of overtime DerMoN ar+ment and th I T h Il b d d+ th H Q Department for nel- n n-the-employee's-personnel file—^, m Non x mpt employee + ff I f f hours of overtime worked) compensatory time and requests use of the time must be permitted to use not unduly disrupt the operations of the agency When the use of 78 .�. p Apache Junction Personnel Rules 20092010 compensatory time is denied,the super shall pr , + tti ff * d py-of+y--om—r f... den-ial.Thal Aft! also bo d cl+ th H R D + Compensatory time is not to be used as a means of avoiding statutory overtime compensation from one pay range to another, eithc position Employment • 1 The average regular rate received by the employee during the last three Formatted. No bullets or numbering 2 The final regular rate received by the employee,whichever is higher 79 �. IApache Junction Personnel Rules 20092010 80 Apache Junction Personnel Rules 2QG92010 Rule 10. Performance Report Section 1. Purpose The evaluation of an employee's performance is intended to assist the employee in-b Fe effective worker. 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 rating may be used to establish corrective action in support of subsequent disciplinary action under Rule 16, Discipline,for unsatisfactory work performance The performance evaluation report is intended to cover overall performance during Formatted*Underline the rating perioda specific period of time. Section 2 Performance Reporting Requirement Dtwagdurinq Probation I 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 Director and placed in the employee's personnel file The report shall be submitted by the di3epartment dDirector in accordance with the procedure and on the form or forms prescribed by the Human Resources Director Department drirectors are ,..1k 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 I the Human Resources departmentDirector 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 I remain a part of the employee's personnel record as required under the Records Retention and Disposition Schedule adopted by the City€ r-a 81 Apache Junction Personnel Rules 20492010 minimum of five(5)years and may be—considered when determining transfers,promotions,demotions, and/or dismissals„or layoffs Ilok 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 Section 4 Unsatisfactory Ratings When anthe employee's overall evaluation report is unsatisfactory,follow up reports shall be 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 dgepartment d8irector'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 oils. Section 5. Grievance and Appeals Relating to Performance Reports An employee who has successfully passed his/her initial probation period not on initial probation maymay grieve or appeal an overall performance ratings l Formatted:Underline 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 dDepartment dgirector shall ^ advise the employee of the anticipated rating and schedule a meeting to review the performance rating with the employee The Department Dircctor the meeting The employee is allowed to-have a representative of his/her choice present as an observer at the meeting. The representative shall not interfere with process. Section 7 Salary Increase 82 ... Apache Junction Personnel Rules 20092010 On the anniversary of their classification date,employees are eligible,on the Adakµr-of t eir classification date,for a-eone step advancement on the salary schedule Amok 83 Apache Junction Personnel Rules 20002010 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,: 42)continuation of high-quality services to the public,:and {3)compliance with federal and state laws and regulations for a uniform Formatted Tab stops 0.5",Left+ 0.69°, government-wide,drug-free workplace effort Left+ 0.75",Left 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 will not be tolerated. The use of illegal drugs or the misuse of legal drugs or alcohol by any employee is expressly 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 I property is expressly prohibited except as eexcepted 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 Poranatted. No bullets or numbering 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 84 IApache Junction Personnel Rules 20092010 methamphetamine),benzodiazepines(Valium, Librium), methadone, phencyclidine(PCP), methaqualone,and cannabinoids(THC) I 85 "Milk #.11Irk IApache Junction Personnel Rules 20092010 C Reasonable Suspicion - Formatted:Numbered+Level 1+ Numbering Style:A,B,G...+art at 1+ C— 1✓aU�O Alignment Left+Aligned at 0.25"+Tab after 0.5"+Indent at: 0.5" A belief based on,specific,objective facts,and reasonable_inferences drawn Formatted:Indent.Left 0" from those facts,that suggest an employee is using drugs or alcohol while ,,, ,Underline on the job or is under the influence of drugs or alcohol while_on the job. Formatted:Underline D. Reasonable suspicion generally includes but is not limited to Formatted Underline Formatted:Indent Left 0" Formatted:Font Bold,Underline Formatted.Font Bold Formatted.Underline 1 Observable phenomena,such as direct observation of drug or alcohol i Formatted.Indent.Left 0" 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,s,all Formatted:Font Bold,Underline report the usage of the drug or medication to his/her supervisor before ooing 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 86 IApache Junction Personnel Rules 200a2010 �-► Section 5. Applicants and Employees Subject to Testing A. Pre-employment Testing for Initial Employment All applicants being considered for initial employment initial paid cmployment by the City to positions designated as*safety sensitive shall be required to (Formatted:Font Bold i 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 form 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 as a request for withdrawal from consideration for the position for which he/she applied ,*reference to safety sensitive is effective when the City policy is adopted, until . -(Formatted:Font Bow,italic ) that time pre-employment drug screen urinalysis and/or BAT will be I Formatted.Font.Italic performed for all initial appointments FovmruLLad Font Italic B Police Department Employees and Transfer Upon transfer to or from a narcotic or drug-related assignment, aAll ny police department employees(sworn or civilian), or drug related assignment shall submit to drug and alcohol screening Auk 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 I C Reasonable Suspicion Cause Testing If the City has reason to suspect that an employee is violating this policy or I when there is reasonable suspicion cause that an to believe an employee is {Formatted:Underline under the influence or is impaired by alcohol and/or drugs,the City maymay require the employee to submit immediately to medical tests administered for 87 IApache Junction Personnel Rules 29892010 drug and/or alcohol testing which include the chemical analysis of breath, urine,and/or blood 88 IApache Junction Personnel Rules 24092010 D Post-Triggering Incident Employees involved in the following circumstances aree required to {Formatted:Front*Not Bold 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, (Fennatted:underline have received a citation related to the accident fro { t I Formatted:Indent Left 0.25", No bullets or numbering 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+t}Workforce € Formatted. No bullets or numbering ~! Any individual who is re-employed. reinstated,transferred. promoted,or (Formatted:Underline demoted,to a safety sensitive position. in accordance with Rule 5, Formatted.No underline Appointments, Status,and Probation is shall be required to submit to a drug and alcohol test prior to resuming work. F Follow-up Testing If an 89 Apache Junction Personnel Rules 2-9892010 I F Follow up Tccting In the event an employee ishaTs bee^offered a rehabilitation option in lieu of discipline for a positive test result in accordance with Section 9 of this Ai•. I pelicy;policy, the employee ischall be subject to random drug testing for a minimum of one Lllyear following the completion of the a-rehabilitation program 90 IM\ AIM Apache Junction Personnel Rules 20092010 Section 6. Policy Violation A Alcohol. An employee who tests positive for alcohol while on City business Formatted:underline during the employee's regular working hours or while on City property during the employee's regular working hours is shall be in violation of this policy — -- ----- B Drugs. An employee who tests positive for drugs is chall be in violation of this Formated•Underline policy C An employee Those who are who is,required as a part of his/her their-job to Formatted.Underline carry a firearm and who,while on duty,discharges a firearm resulting in I Formatted:Underline bodily injury,property damage or violation of departmental policy or who ls..rc mFormatted*Underline off-duty,and discharges a firearm in violation of departmental policy regarding Fonnatted.Underline off-duty use of firearms is shall be m violation of this policy Underline Section 7. Effect of Failure to Comply with Policy Formatted.Heading 3 �l 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 dismis,a1 Formatted No underline Section 8. Employee and Applicant Consent Form Employees and applicants who are requested to submit to a drug test-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)_on a need to know basis 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 City- Cost of rehabilitation or counseling is the responsibility of the 91 Apache Junction Personnel Rules 20092010 employee An employee who elects such participation shall enter into a written agreement with the City 92 Apache Junction Personnel Rules 20092010 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 participating in counseling and/or rehabilitation.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 may also be further disciplined up-up to and including terminationdismi-cal Section 10. Searches The City of Apache Junction reserves the right to search all areas and property property of which the City maintains or has complete control 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 i Fcrmatt d•underline j 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 employees 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 skeaadbe-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 practical. Section 12. Employee Responsibilities 93 Apache Junction Personnel Rules 20092010 I A Pursuant to the Federal Drug-Free Workplace Act of 1988,the City of Apache - (Formatted:Underline 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 - Formatted:Indent:Left: 0.31", No bullets or 2 To notify their supervisor or epartment director,of numbering any criminal drug statute conviction for a violation occurring in the Formatted:underline workplace no later than five(5)days after such conviction rFormatted:underline B. It is each employee's responsibility to immediately report to their supervisor, department directordepartment 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 Formatted-Underline such a violation is subject to disciplinary action up to and including term inationd+smissai. Formatted.Underline 1 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, Formatted.Indent Left: 0.25", No bullets or 2 Agreed to abide by the terms of the policy, . numbering Formatted:Indent Left 0.25", No bullets or 3 Agreed to notify the supervisor,or appropriate representative of the umber"g City, immediately,or within five(5)days,of a criminal drug statute conviction for a violation occurring within the workplace. Section 13. Management Responsibilities emN 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 terminationdismissai B. Supervisors will be trained in the detection of impairment by alcohol,drugs, and substance abuse Supervisors must document.in writing.the facts (Formatted:Underline constituting reasonable suspicion cause for drug and/or alcohol testing or for violation of this policy. Formatted:underline 94 oak IApache Junction Personnel Rules 20092010 C. Management must inform any employee required to submit to drug or alcohol testing of the requirements of this policy and the consequences of non- compliance 95 Apache Junction Personnel Rules 20002010 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 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 Pathologist:,Pathologists. or the Arizona Department of Health Services. The employee is responsible for initiating the transfer within/18 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 directordepartment director A description of the testing methods and collection procedures to be used is available for review in the Human Resources department. 96 Apache Junction Personnel Rules 29882010 Section 16 Commercial Driver's License Holders Amok Effective January 1, 1996,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 USDOT is treating these rules as an extension of the Omnibus Transportation Employee Testing Act of 1991 The rules require pre-employment,post-accident,"reasonable suspicion",mod ;Formatted:underline random. return to duty. and follow-up-testing for alcohol and drugs through the {Formatted:underline use of breathalyzers and urine samples. 1.Formatted*underline Procedures and rules for testing of CDL holders are available in the Human Resources department. p 97 A•.. aMil Apache Junction Personnel Rules 29992010 Rule 12. Policy Agamstagainst Harassment Discrimination enN Section 1. Policy Statement The City, ^o es,does notwill not tolerate any form of employee haraccmentof discrimination. including sexual haras..mcnt, harassment based upon race, gender, national origin,religion,age,or or disability, or sexual harassment A Discrimination l Formatted.Underline Any conduct which has the purpose or effect of unreasonable interference with an individual's work performance or creating any intimidation, hostile,or offensive work environment based on a protected class (race.gender, national origin. religion.age,or disabllity),is unlawful and will not be tolerated. {Formatted-Underline A-B Sexual Harassment -{Formatted.Undedine 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 • Formatted:Indent'Left 0.25", No bullets or Submission to or rejection of the conduct by an individual is used as a numbering basis for employment decisions affecting such individual,or •— 1 Formatted.Indent:Left 0.25", No bullets or • The conduct has the purpose orf effect of unreasonably interfering with numbering — — an individual's work performance or creating an intimidating,hostile,or offensive working environment. Some examples of sexual harassment are_obscene or sexually oriented photographs or drawings,offensive comments,jokes,innuendos,and other sexually oriented statements B. Other Harassment creating any iat+l ridation,hostile,or {retested:Underline origin, religion,age,or disability is also . 98 Apache Junction Personnel Rules 2-W 2010 C. Education (Formatted:underline C- [Formatted. No bullets or numbering The Human Resources Director shall be responsible for formally notifying all employees, Department Directordepartment directors,elected or appointed officials,and volunteers,and contractorc/vcndorc of the existence of this policy The Human Resources Director is responsible for coordinating fer providing training on the topic of discrimination and sexual harassment/offensive behavior„attendance at this training is wil--be mandatory for all employees and the training will be offered to elected or appointed officials and others 99 Apache Junction Personnel Rules 200a2010 D Implementation (Formatted underline a.W. i Formatted: No bullets or numbering I ^` Employees ach member of the management t am Isere responsible for creating an atmosphere free of discrimination and harassment, and for taking immediate and appropriate corrective action in response to any allegation of a violation of this policy. m—addition to Further, all employees_re r^ ^^s blc far-respecting the rights and sensitivities of their co-workers The Human Resources Director and Department Directordepartment 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 either those who complain or those who may be witnes-escomplainants witnesses. or perpetrators - The Human Resources department is responsible for monitoring the application operation of this policy, providing advice,and responding to eW any Unsettled questions,which may arise from this policy Section 2. Initiating a Discrimination or Sexual Harassment GemComplaint When an e mployeeswh,a-feels he/she has they have been discriminated ! r«matted.lndert.Left 0z5^ f against or sexually harassed the following should occur. i Formatted Indent Left 0.53" i Employee should Formatted:Font Bold,Underline - Attempt to advise the alleged discriminator/harasser of their 'Formatted Bulleted+Level.1+Aligned at _discomfort. 0.53"+Indent at 0 78" - Report the problem to his/her immediate supervisor If. (Formatted underline 1 If tThe offended employee does not feel comfortable directly r Formatted:Buneted+Level'1+Aligned at addressing the situation with the discriminator/harasser, and/or the (0.53"+Indent at 0.78" unwelcome or offensive behavior continues. R, Formatted:Irdert:Left 0.53" i emiN (Formatted:Font Bold 1 - Report the problem to the Human Resources Director if I Formatted:underline ----1 - The employees immediate supervisor, a division director, or - Formatted:Font Bold,Underline department director is the source of the alleged harassment. OR% Formatted:Font.Bold - The employee is uncomfortable reporting the problem to his/her immediate supervisor,division director,or department director,OR, --1 Formatted:Font.Bold ) - The source of the harassment is an individual appointed by the City Council (including but not limited to. the City Attorney, City Manager,or City Magistrate) 100 — IApache Junction Personnel Rules Q9882010 - Report the problem to the City Manager if. {,Formatted:Font Bold i -The Assistant City Manager or Human Resources Director is the source of the alleged discrimination/harassment Formatted:Indent Left 0.53" J When advised of the discrimination/harassment the following will f i Formatted:Indent Left 0.53" Immediate Supervisor. (Formatted:Font'Bold Formatted:Indent:Left: 0.5",Bulleted+ Promptly i Level'1+Aligned at' 0.53"+Indent at: notify his/her department directordepartment director ;a78",Tab stops 0.75",Left Department Director. I Formatted*Font.Bold - Promptly notify the Human Resources Director `Formatted:Font:sold Formatted:Bul leted+Level 1+Aligned at: Human Resources Director i053"+Indent at 078" - Begin an assessment into the complaint and determine the course of I Formatted:Font.Bold action r Formatted.FontBold I - If the discriminator/harasser is an individual appointed by the City ` I Formatted.Indent:Left 0.56",Tab stops 1 Council advise the Mayor and City Council that a l 0.81",Left+ 0.94",Left+ 1.06",Left discrimination/harassment complaint has been filed. Formatted:Indent Left: 0.56",Bulieted+ — Level 1+Aligned at 0.53"+Indent at. 0 78" I ,Formatted:Indent•Left 0.53" Formatted pr +eei to the i mediate supervisor,division Not Stnkethrough , Resources Diroctor is tho courco of the alloged harassment; the employee should report the problem to the City Manager. If the source of Director. The Human Resources Director shall advise the Mayor and City Ccu nn that a harass of la' f h h fiI dd All th f alle e.d ha .,sement sho ld h t et th I-I D D + erT Section 3. Investigation Procedure Upon receipt of a complaint alleging hara"'ement,the department director will `Formatted.underline Human Resources staff will (Formatted:Font-Bold,underline coordinate the investigation process and will advise the department director !�,,,,, .Underline . 101 Apache Junction Personnel Rules 20492010 regarding his/her level of involvement in the process and of the progress of the Investigation efiN The department will work with Human Resources to obtain and evaluate all relevant evidence with respect to what has occurred. The department director and the Human Resources Director are responsible for t Formatted:Striketlttough overseeing the investigation and resolution of the complaint Human Resources staff will make a recommendation to the department director regarding the resolution of the complaint The complainant and the alleged violator will be notified of the findings. evakrate-all-r-elevant-evldenee-w-rth-reepeet-te-what-hae-eeeu-Pred7 -With the advice of the Human Resources Director,the department direstsrdepartment director will implement,if appropriate,specific remedial and/or disciplinary actions The complainant and tho party charged will bp 102 IApache Junction Personnel Rules 2-9492010 Section 4. Discipline The type of discipline and/or remedial action to which an employee is will be subject -for discriminating against or harassing another employee is dependent on consideration of all the circumstances of the in a particular 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) Section 5. Reprisals Prohibited No reprisal/retaliation s-of any kind by any employee or manager shall be taken against an employee who because that employee has asserted a complaint. the alleged perpetrator-or against any witness_ Any such reprisal/retaliation taken by an employee will sublect himiher to disciplinary action up to and including termination because that individual has Al Ilk 103 Apache Junction Personnel Rules 20032010 Rule 13. Policy Again-staoainst Violence in the Workplace Section 1 Policy Statement The City of Apache Junction,consistent with the commitment to provide a workplace that is safe for employees,does will 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 terminationdismis.,al implicitly,by words,gestures,or symbols,infringe upon the City's right or eta at on to ,de -,fo k a rla f f 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 Comolaint Involving Violence in the Work PlaceGem-plakt 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 104 Apache Junction Personnel Rules 20492010 immediate supervisor,d-epartment dBirector,Human Resources Director or the City Manager If an employee feels threatened with immediate harm,the or she sho uld notify {Formatted:Undatne the Public Safety Department should be notified.or ask someone clsc to do so (Formatted:Underline (Formatted:Underline 105 IApache Junction Personnel Rules -2 042010 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 For these reasons,the City has developed the following policy concerning personal relationships between employees Section 2. Prohibitions 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 Employees holding supervisory roles are shall not permitted to pursue romantic relationships with any employee who may report, either directly or indirectly,to them 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 directorcomeone at a level of management that ic higher than both individuals involved or to the Human Resources department ,..*, The City.through its Human Resources department,will determine the arrangements to further the best interests of both the City and the employees involved The City does not have a policy against dating between co-workers who are on the same peer level and/or are in different departments However, if at any time any dating situation,request for dates,or any romantic pursuit between co- workers becomes unwelcome, interferes with the employee's work environment or the work environment of other employees,the City may intervene to stop such conduct,up to and including termination of the employees involved 106 Apache Junction Personnel Rules 20032010 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_, although thcy may sign a pctition. 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 6, 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 107 p Apache Junction Personnel Rules 20892010 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. ,on their own time,work in (Formatted:No underline campaign headquarters of City Council candidates. 4 Outside of City time.Except on 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 also CityCity employees 5. City employees may express their opinion 6 City employees may,on their time,attend informational meetings concerning candidates for public office Formatted: No bullets or numbering 5 - _ Formatted:Indent:Left: 0.25", No bullets or numbering_-.__-- 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 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 108 Apache Junction Personnel Rules 20092010 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 C Candidacy for Elected Office Any City of Apache Junction employee desiring to run for county,state, or federal elected office shall request a leave without pay upon filing for such office The employee's department dircetordepartment 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 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 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, +ntim;dationmtimidation,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 109 IApache Junction Personnel Rules 20092010 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 110 IApache Junction Personnel Rules 2Q /32010 ,^ 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 111 IApache Junction Personnel Rules 20492010 Rule 16. Discipline eIN Section 1. Disciplinary Actions I Progressive discipline is encouraged when if-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 dQepartment dOOirector When discipline is contemplated the department will consult with the Human Formatted:No underline Resources department regarding the discipline to be imposed 1 Formatted:No underline 1 Thepmartme t n for ho the-authority to i99ese-discipline The dCepartment director may delegate the authority to impose verbal or written warnings or reprimands but may not delegate authority to suspend,demote,or i Formatted:underline j . .. ._. .. ... impose any other action affecting pay and/or benefits. Section 2. Grounds for Discipline Grounds for discipline include,but are not limited to-the followi j Formatted:underline 1. Falsification of application for employment. 2 Absenteeism 3 -Tardiness 4 Conviction of a crime,which impacts s+R-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. Failure to meet established standards of performance in three successive rating periods. -1 1 Refusal or failure to comply with the orders of an authorized supervisor or refusing or failing to do assigned work 112 Ask Apache Junction Personnel Rules 29892010 412.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 44-13.Lying to supervisors or falsifying records with respect to official duties 15 14.Threatening,fighting with, intimidating,coercing,or abusing other employees or officials of the City or provoking such actions by others 16 15.Absence from work where the employee has requested permission to be absent and such request has been denied -1-7-16 Divulging confidential information from privileged official records to unauthorized persons 18 17 Failure to observe departmental regulations 4-9-13 Unauthorized absence from duty 2Q,19.Abuse of sick leave 21-:20 Failure to maintain satisfactory working relationships with other employees or the public 22,21 Failure to observe safety regulations 23 22 Discourtesy and rudeness to the public 24-23.Unauthorized performance of work by nonexempt employee outside of established work schedules 25 24. Unauthorized operation or use of any vehicles,machines,or equipment of the City 26.25 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, andior violence in the work place. Amok 28-31 Violation of any section of the Personnel Policies. Section 3. Written Reprimands ,pre-disciplinary meeting is not required when issuing a written reprimand to the I,,Formatted.Font Not Bold 1 employee. employee's personnel file A-FrrFormatted:Font Bold ------ writt�a>d- (Formatted:Font Bold,Strikethrough �►ennatted:Font Bold 113 Apache Junction Personnel Rules 24042010 Written reprimands shall identify the violations or failures to meet reasonable expectations for performance on the job with sufficient specificity and detail so as Ito 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 w..maa.d.Normal ollmik 114 ma. eNi Apache Junction Personnel Rules 20092010 Section 4 Pre-Disciplinary Meeting r .. Pre-disciplinary meetings are not required for. verbal warnings,(informal ,,--- Formatted.Font Not Bow counseling)., -- Formatted.Font Not Bold W,Itten warnings formal counseling) or.-GF� - — Formatted:Font:Not Bold Wwritten reprimands- Formatted.Font Not Bold Formatted.Font Not Bold Pre-disciplinary meetings are required prior to \,1 Formatted.Font Na Bold Suspension, Demotion,or, Other forms of discipline disciplinary meeting. The pre-disciplinary meeting shall include the employee and may include the Human Resources Director or designee and-/or may-1444de legal counsel for the City The pffcctcd employee facing discipline shall be afforded a pre-disciplinary -(Formatted.so-kethrough 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 and the type of discipline b) Th pecifiicc violation of one or more of the causes for discipline. ___ ,examples are as set forth in Rule 16, Discipline, I Formatted:underline c) The specific conduct or omission committed by the employee I which the dgepartment 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 I time to prepare a reply Two f2)business daysvuer4 aachats is.considered , Formatted:unde,ine N reasonable and under no circumstances shall the pre-disciplinary meeting be Formatted:Underline 115 Apache Junction Personnel Rules 40 2010 less than two(2)business�days from the time the employee receives the I Formatted Underline 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 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 I The following procedure is required at the pre-disciplinary meeting: f •Formatted•underline ? 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 I 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 requiredpermitted, c) Testimony under oath is not requiredpermitted,e* d) Recording of the proceedings by a court reporter is not required , however— the proceedings may be tape recorded by either side;aad 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. (10) nalondar days of er the mootin Ho. f n tens atin t., oyirwc additional ti..,o the L.1u m n Rom D + f d+h d + f 116 Amok Apache Junction Personnel Rules 2 4 2010 Section 6-.5. Notices of Suspension, Demotion,or Term mat ionDismissal The department director should discuss with Human Resources staff the r-Wrmrced•Underline disciplinary action considered prior to taking action. Formatted:Underline Notices of suspension,demotion,or termination :shall contain the following a) The specific discipline being imposed b) Identification of the violations or failures to meet reasonable expectations for performance on the job with sufficient specificity and detail. o a.,to enable the e, l to nd to tho„h st him or her These charges shall be those listed in the initial notice of disciplinary action, except for any charges that may have been added or deleted as a result of the pre-disciplinary meeting are dropped. Substantial amendment or additional charges may be made only by repeating the procedure detailed in Section 4, Pre-disciplinary Meeting 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 agency 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 nNotices 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 and the disciplinary action shall be taken within sixty(60)calendar days after the meeting. (Formatted:underline Formatted:Underline Formatted:Underline Section 7. Effect of Technical Omissions 117 IApache Junction Personnel Rules 28892010 I Failure of a supervisor or department directordepartment 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 Ireprimands and notices of suspension,demotion,or termmationdicmiscal shall not constitute a basis for reversing a disciplinary action on appeal,unless the employee shows that his or her rights were seriously impaired by the failu+. /ft\ 118 Asmik, AN IApache Junction Personnel Rules 28992010 "'• 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 eligible employees,who arc aggrieved about a situation affecting the conditions of their employment,with a method for the resolution of the matter without discrimination,coercion,restraint orrestraint. or reprisal against the employee during the process when the employee either th th D I C t' G Any contention that the City has failed to comply with any obligation it has made to an employee through its ordinances, Personnel Policies,or any other written er.-velr-44a4 commitment&must be raised pursuant to these grievance and appeal procedures,and these procedures provide the exclusive remedy for any such claim 119 Apache Junction Personnel Rules 20092010 Section 2. General Pam. then the An employee may formalize tho consideration by file+Rg-a grievance or (Formatted:underline ) appeal for actions as-identified in this rule and utilize-Hag 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 Cam( Hearing Manager Officer _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 does not 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 national origin,sex,age,political affiliation,or does not 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 unlawful discrimination does not 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 does not resolve the complaint)_ 120 eS Apache Junction Personnel Rules 28892010 A. If the complaint involves a letter of reprimand the grievance procedure ,-(Far+natted:Underline hallx��,,,l ti., sod A letter of reprimand s not entitled to the appe procedure. B. )f the complaint alleges an improper overall performance rating of .--(Formatted:underline ) ns t cf a tor4 the employees sh Il roe the e- _.._ edu, e An C. If the complaint alleges misinterpretation or misaeplication, of the (Formatted:Underline Personnel Policies or administrative procedures,the employee shall use --- Formatted•Numbered+Level 1+ D. ^If the complaint alleges adverse action to the employee other than Numbering Stylervri A B,c, . + 1+ Alignment Left+Aligned at 0.25.25"+• Tab suspension,demotion,or dismissal,based on unlawful discrimination because of (after o,s"+Indent at OS' v taco,color,creed,national origin,ccx,age,political affiliation or disability,the (Formatted: No bullets or numbering I grievance procedure shall be used If the grievance procedure d.cs not resolve the complaint,the employee may proceed with the appeal procedure. E )f the complaint alleges improper suspension of more than three(3)days, . -(Formatted:Underline demotion or dismissal on any grounds, including alleged unlawful discrimination,the employee may forego the grievance procedure and (Formatted:Underline or lei shall be limited to the grievance procedure. — i Formatted:Numbered+level 1+ F If t c complaint alleges that the disposition of a sexual harassment i Numbering style A C, . + t•1+ Alignment:left+Aligned at 0.2525"+Tab after 0.5"+Indent at• OS' If the complaint alleges a matter other than that identified by this -- Formatted•ust Paragraph, No bullets or 1 rule,employees arc encouraged to discuss the complaint on an informal f°rnbe"ng i basis with appropriate management personnel 121 ,^ Apache Junction Personnel Rules 20492010 G. I Formatted.Heading 3 Section 3. Prohibited Grievances and Appeals The grievance and appeal procedures may not be used for matters involving (Formatted:Underline A Compensation and Classification Plans B Overall satisfactory performance evaluations C Informal disciplinary actions such as oral or written warnings 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 - ,Formatted.Underline all steps in the process Foratatted:Indent Left 0" A Form. Grievance forms may be obtained from the Human Resources Formatted:underline —1 department or they may be found on the Citv's Intranet.The grievance Formatted Numbered+Level. shall be presented in writing and shall be dated It shall include a Numbering Style*A,B,C, . +Start at 1+ statement that the writingis agrievance,the name and address of the aler.Alignment:.5 +IndLeft+ntgt: at 0.25"+Tab after o.s^+Irdentat: 0.5" employee-fi-l-ing-the-FievanGe7the-aotte-n-whisici-is-the-sublect-of--the griovanco,the date of the action,aft a statement of the romedy sought Formatted.Underline A Grievance forms may be obtained form the Human Resources department_ Fora,attee•Numbered+Level 1+ +f desired. Numbering Style A,B,C, . +Start at 1+ Alignment:Left+Aligned at 0.25"+Tab ^ B. Step 1.Filing with Supervisor after a.s"+Indent at- ors" and Time Limit: _The employee shall present a grievance to the No bullets or numbering immediate supervisor within seven U calendar days after notification of or {(Formatted:Underline occurrence of the. action whjch aives rise to the Grievance. i Formatted:No underline Formatted:Underline i The immediate supervisor shoulddconsider the grievance and I.Formatted:Font Italic provide the employee a dated,written response within seven(7)calendar days (p4„„ ;Font./talk of the receipt of the grievance I Formatted.Font.Italic Formatted:Font Italic C. Step 2.Filing with the Department Di•cctordepartment director= Formatted.Underline C- If the response of the immediate supervisor does not resolve the - — --- - ------- grievance or the immediate supervisor did not respond to the grievance, Formatted Underline Formatted: No bullets or numbering 122 Apache Junction Personnel Rules 20092010 and the employee wishes to pursue it further, the employee shall present it - Formatted:Underline to the depart,,,z^t431„ram^rdepartment director in writing within seven(7) -- Formatted- Underline calendar days after receiving the decision of the immediate supervisor or within Formatted:Underline seven (7) calendar days from the date the immediate supervisor's response :Underline was due. - Fornmtted:underline - Formatted.Underline ys and tho employee desires to pursue it further. the employee must present it in writing to the department director-no later than seven(7)calendar days after the supervisor's response was due. The department directordepartment director,shouldall consider the • Formatted Fort Italic grievance and shall givcprovide,the employee a dated,written response Formatted: )Font:Italic ) notice of a decision within seven(7)calendar days of he receipt of the Formatted'Font Italic^ i grievance i Formatted Font Italic D S Manager-, 3 Filing with the Assistant City Manager —_ - -If the response of the department directordepartment director does- FOfT1 d•Font.hale not resolve the grievance_and the employee desires to pursue it further, the Formatted'Underline employee shall must present it in writing to the Assistant City Manager within I Formatttd. No bullets or numbering seven(7)calendar days after receiving the decision of thedepartment Formatted'underline } directordepartment director,or within seven L7) calendar days from the Formatted Underline date the department director,'s response was due calendar days after the Formatted:Underline \ ' Formatted.Underline written response was received by the employee. (Formatted Underline (Formatted:Underline ( The Assistant City Manager or his or her designee shall consider the Formatted.Fort Italic grievance and shall providegive the employee a,dated,written response .- F«w.t sd'Form Italic notice of decision within seven(7)calendar days of the receipt of the • ,ar,..m.d Font Italic grievance - ForMetted:Font.Italic The decision of the Assistant City Mmanager for grievances is final and is --{Formatted:Font Italic I not appealable further unless formal appeal procedures are an available remedy under this rule Section 5 Time Computation IThe computation of the calendar days shall be as follows for the date of notice of the action 123 Apache Junction Personnel Rules 2Q-O 2010 A. The date of notice of the action giv.ing rice to the grievance, I+f written (Formatted:Indent Left 0.28" action s.,h^i� be the -date of the delivery of a notice if handed to the grievant appellate , I Formatted:Indent:Left 0.03", No bullets or or numbering -the date of mailing of the notice if sent by U.S. mail (Formatted:Font:Bold A- L If the notice is mailed,three(3)calendar days shall be added to t i Formatted:Indent:Left 0.53", No bullets or the time in which a response is duet cumbering (Formatted:Font Italic B If the action grieved is not a written action_;the (Formatted:Font.Italic j -date of action shall be the date on which the aggrieved action {Formatted: No bullets or numbering occurred C. The period of time for filing the grievance starts on the day following the date of notice or occurrence of the action giving rise to the grievance. I Formatted.Font:Bold 8—If the final date of the grievance period falls on a city observed holiday or weekend or on a day the City is closednot open for business,the final date for grievance shall be construed to be the next business day it is open S+ty work date. Formatted:Numbered+Level 1+ D. Numbering Style:A,B,C, . +Start at:1+ Alignment Left+Aligned at 0.25"+Tab after 0.5"+Indent at. 0.5" E The grievance period ends at 5 00 p.m.,{close of business)on the final Formatted:List Paragraph, No bullets or date for grievance If this date is a City observed holiday or a weekend. !numbering the grievance period ends at 5 00 PM the next business day - 124 Apache Junction Personnel Rules 29492010 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 I Formatted.underline accordance with Section 5 of this Rule. B. Form of Appeal. Every appeal shall be filed in writing and shall include the Formatted•underline name and address of the employee appealing (appellant),the action which is the subject of the appeal,the reason for the appeal.-. a factual chronology of the action,and the remedy soughta statement of the remedy sought,and a reference to the Personnel Policy 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 Formatted:underline (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 or his or her designee shall have ten(10)calendar days to respond to the appeal. If the employee is not satisfied with the City Manager's'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 Formatted:underline Heannq 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. 125 Apache Junction Personnel Rules 28092010 I r.,. Section 7. Time Extension Upon mutual consent of the parties n ' `•"" ^ "' {formatted:Font Bold I agreement, a time extension for grievances and appeals may be authorized Such agreement shall be in writing and state the duration of the extension. 126 Aft, AIMI• Apache Junction Personnel Rules 20042010 IRule 18. Rules for Hearings Reforebefore a Hearing Officer Section 1. Hearing Officer The Human Resources Director, in consultation with the City Attorney,shall retain a Hearing Officer or Officers who shall not be an omployooc 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 forty five(6045)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 to the Hearing Officer,the Human Resources Director shall give each party to the appeal a pre-hearing statement form to be completed_by each party 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 127 Apache Junction Personnel Rules 24092010 d) A description of the exhibits to be used at hearing The pre-hearing statement shall be filed directly with the Hearing Officer within ,.�. ten(10)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 ten(10)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 ten f+ve (10-5)calendar days of the hearing No witness testimony or exhibits shall be admissible if not identified by the partiesroponcnt ten five(105)calendar days prior to hearing ch testimony or Section 5 Pre-Hearing Conference IAfter acceptance of an appeal and designation of representatives,if any. 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 oath;oaths.and cause depositions to be taken Any The subpoena shall be issued in the same manner as provided for issuance of Isubpoenas in the Superior Court of Arizona_in the same manner as if the �ubpoe n has bo n ball. d b FL. C C Any party or witness,or a representative thereof may,within two(2)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 128 IApache Junction Personnel Rules 29992010 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, ,p I papers,documents,or tangible items. things 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_or any person other th e a member of the I lama-Resources department,the City Manager's Office, or a member of the City Council All hearings before the Hearing Officer shall be closed to the public .However. the Human Resources Director and/or his/her-designee(s) may attend the hearing -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 Imake improper the admission of such evidence over objection in civil actions Hearsay evidence may be used for the purpose of supplementing or explaining p any direct evidence but shall not be sufficient in itself to support a finding unless Iit 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 Ievidence 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. IThe Hearing Officer shall rule on the admission or exclusion of evidence--_ 129 oak Apache Junction Personnel Rules 2-9852010 The proceedings before the Hearing Officer may be recorded by a stenographer. court reporter or by audio or videotape The original tape or recording,or a copy or certified transcript by the Hearing Officer, shshall be a part of the record of any ".u, appeal 130 Apache Junction Personnel Rules 29892010 Each party shall have these rights • -to be represented by legal counsel or other person of choice, - Formatted:Buneted+Level 1+Aligned at •. • to call and examine witnesses, a2s^+Indent at 0.53" oak • 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 and • to rebut the evidence Formatted.Indent:Left 0.03" -If the respondent does not testify on+w his/her own behalf,she/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 for special reason,directs otherwise otherwise directs 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 6-7 Closing arguments by both sides 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 I cause 131 Apache Junction Personnel Rules 28892010 The role of the Hearing Officer is limited as a matter of law_;it is not a do novo standard of review-The Hearing Officer may not substitute his or her independent judgment simply on the belief that a reduced level of disciplines ,a.. 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 thirtywenty(3028)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 decision shall be filed with the employee_,the department director, and the Human Resources Director and shall set forth all the findings of fact,conclusions of law, and 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- 132 Apache Junction Personnel Rules 20092010 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 epartment director.shall determine the affected positions The Human Resources Director shall oversee the lay off process and notification to the affected employees An employee being laid off will receive a minimum notice of forty-five(45)dayslwa (2)wecks 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 y--of-f-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 S+ty-or all employees in the class have greater seniority than the laid off employee,the employee may request in writing to be placed in a lower class in the same classification series f th `lass V h VI_ 'f F osand 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 manual plan accepted by the City Council and/or modified by the City Manager shall be used as a guide 133 .r /IN Apache Junction Personnel Rules 20492010 The employee may request to be placed in a lower clads if the employee has previously held the position,in no circumstance shall this request be used to effect a promotion. 134 Apache Junction Personnel Rules 28892010 C Layoff Lists A layoff list shall be maintained by Human Resources for each affected 4 -(Formatted.Indent Left: 0.25', No bulgy or classification. All career status employees who have been laid off shall have Il �,Tab stops. 0.25 iert+ o.si Left their names placed on the appropriated layoffappropnate layoff list according to seniority If the employee has not been appointed from the layoff list to his/her layoff title,tThe employee's name shall remain on theat list for a period of two(2)years from date of layoff D. Reinstatement As positions are reinstated within the layoff unit, individuals will be reinstated according to seniority from the appropriate layoff list according to seniority, the most senior person laid off will be the first person hired back Employees resume their positions without loss of seniority,pay rate, or sick leave -It shall be the responsibility of the employee on the layoff list to provide the Human Resources Department City with their most current mailing address Upon time of reinstatement,theat employee will be notified at the address they have provided the Human Resources Department City 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 E Effective Date The provisions of this layoff policy shall apply to employees laid off after January 1. 1991 Section 23. Resignation An employee wishing to resign love the classified service+in good standing shall submit a written resignation to file-their department director with a copy to Human /IN 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 department director and Human Resources Director.with-the - .:nmed:Font Bold Formatted:Font:Bold Resources Director Failure to give notice as required by this rule may be cause for a denial of denying future employment with the City.by the City. 135 Apache Junction Personnel Rules 28892010 An"exit interview"may be arranged with the Human Resources Director and/or his/her designee The consent of the Human Resources Director,City Manager and the department director are required to withdraw a resignation. 136