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HomeMy WebLinkAbout2013 06.17 City Council Work Session Agenda �" iX 'r�4.� City of Apache Junction, Arizona Meeting location -i�, City Council Chambers r at CityHall ko,, .,� Agenda 300 E superstition Blvd Apache Junction,AZ �} 85119 City Council Work Session www.ajcity net Ph (480)982-8002 Monday,June 17,2013 7.00 PM City Council Chambers r A. Call to Order B. Roll Call C Agenda Items 1. 13-094 Presentation and discussion by city and Phoenix Mesa Gateway Airport Authority (PMGAA) staff on the current status of Apache Junction's request for formal representation on the PMGAA board of directors and a general overview of the airport Presentation and discussion. 2 13-097 Presentation and discussion with representatives from the Greater Phoenix Economic Council (GPEC) regarding the proposed renewal of contract for economic development services in an amount of$21,186 00 and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors Presentation and discussion 3. 13-103 Presentation and discussion with Don's club board president, Greg Davis relating to history and future of Lost Dutchman's Monument, including but not limited to, additional historical monument signage, enhanced lighting and structural protection measures The Lost Dutchman Monument, located adjacent to the Focal Point, was erected in 1938 Since that time, its condition has deteriorated somewhat and it is in need of protection from vandalism and the elements Council member Serdy is interested in exploring its preservation, to include among other things, historical monument signage, enhanced lighting, and structural protection measures. Presentation and discussion 4. 13-090 Presentation and discussion on proposed lighting modifications at the Focal Point Presentation and discussion. 5. 13-098 Presentation and discussion on Ordinance No. 1391, amending City Code Chapter 8, Events, Article 8-8, Licensing Requirements for Special, Community and Private Events Presentation and discussion 6. 13-109 Presentation and discussion on proposed changes to the City of Apache Junction Personnel Rules 2013 Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 City Council Work Session Agenda June 17,2013 7. 13-113 Presentation and discussion relating to the proposed amendments to the Apache Junction City Code, Chapter 3, Article 3-6, Section 3-6-3(B), to change the chief of police position from at-will contractual to classified career status This would require the above-noted code section to be modified by ordinance Presentation and discussion 8. 13-093 Presentation and discussion on the Fiscal Year 2013-2014 City of Apache Junction budget Presentation and discussion. D. Adjournment Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7.00a—6:00p, excluding holidays, from the City Clerk's office located at. 300 East Superstition Boulevard, Apache Junction, AZ 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 pnor to the scheduled time City of Apache Junction,Arizona Page 2 Printed on 6/11/2013 rr e ```: ' City of Apache Junction, Arizona 300E Superstition . T ` :41 C� Boulevard - '- Apache Junction,AZ 85119 try{�1>i. Master File Number: 13-094 File ID. 13-094 Type Report/Update Status. Agenda Items Version. 1 Reference. In Control. City Council Work Session .•. Cost. File Created 06/05/2013 File Name Gateway Airport (PMGAA)Work Session Final Action. Presentation Title. Presentation and discussion by city and Phoenix Mesa Gateway Airport Authority (PMGAA) staff on the current status of Apache Junction's request for formal representation on the PMGAA board of directors and a general overview of the airport Presentation and discussion Notes Agenda Date 06/17/2013 Indexes. Economic Development Sponsors Busby Enactment Date. Attachments: Enactment Number Contact Hearing Date. Drafter• mbusby@aicity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To• Due Date. Return Result t slon Date• 1 City Council Work 06/17/2013 Session Text of Legislative File 13-094 Presentation and discussion by city and Phoenix Mesa Gateway Airport Authority (PMGAA) staff on the current status of Apache Junction's request for formal representation on the PMGAA board of directors and a general overview of the airport Presentation and discussion On April 29, 2013 Mayor Insalaco sent a letter to Mayor Smith of Mesa, AZ, chair of the PMGAA board of directors, requesting formal representation of the City of Apache Junction on the board Since that time city staff have given several status updates to the city council about the process On May 20, 2013, the PMGAA board directed airport staff to prepare the necessary documents and bring them to the June 17, 2013 board meeting PMGAA staff will City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 .. Master Continued(13-094) present to the city council an overview of the board's actions and also the airport's history, current events, and development and expansion plans City and airport staff will be available to answer questions City of Apache Junction,Arizona Page 2 Printed on 6/11/2013 City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 Master File Number: 13-097 File ID. 13-097 Type. Report/Update Status. Agenda Items Version 1 Reference. In Control. City Council Work Session Cost. $21,186 00 File Created. 06/06/2013 File Name• GPEC FY14 Contract Renewal Final Action• Title: Presentation and discussion with representatives from the Greater Phoenix Economic Council (GPEC) regarding the proposed renewal of contract for economic development services in an amount of$21,186 00 and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors Presentation and discussion Notes. Currently attached is the unsigned copy of the agreement GPEC will FedEx signed copies so I hope to have those to provide to you to update Agenda Date. 06/17/2013 Indexes. Budgetary Item Sponsors: Solley Enactment Date: Attachments. Apache Junction FY14 Draft 6 5 13, FY14 Exhibits Enactment Number A_B_C_D_E City,Apache Junction Community Benefits Report 2013 pdf Contact. Hearing Date. Drafter• lsolley©ajcity net Effective Date History of Legislative File Ver- Acting Body Date. Action Sent To Due Date Return Result: Sion Date 1 City Council Work 06/17/2013 Session Text of Legislative File 13-097 Presentation and discussion with representatives from the Greater Phoenix Economic Council (GPEC) regarding the proposed renewal of contract for economic development services in an amount of$21,186 00 and reappointment of Councilmember Serdy as the City of Apache Junction representative to the GPEC Board of Directors Presentation and discussion The City of Apache Junction joined Greater Phoenix Economic Council (GPEC) in 2007 and has consistently renewed its membership each year as a member community contracting for economic development services, including national and international business recruitment services and targeted marketing, research, competitive analysis and prospect management for City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 Master Continued(13-097) commercial/industrial-type (i e non-retail) prospects within city limits This is a renewal of the contract for those services for another year The total contract amount for this year's renewal is $21,186 00 which is based on a standardized population-driven formula. In addition, the city seeks reappointment of Councilmember Jeff Serdy as the city's representative to the board City of Apache Junction,Arizona Page 2 Printed on 6/11/2013 4111W, ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE GREATER PHOENIX ECONOMIC COUNCIL AND THE CITY OF APACHE JUNCTION The City Council of the CITY OF APACHE JUNCTION, an Arizona municipal corporation (the"City"), has approved participation in and support of the regional economic development program of the GREATER PHOENIX ECONOMIC COUNCIL ("GPEC"), an Arizona non-profit corporation The purpose of this agreement("Agreement") is to set forth the regional economic development program that GPEC agrees to undertake, the support that the City agrees to provide, the respective roles of GPEC and the City and the payments of the City to GPEC for the fiscal year July I, 2013 -June 30,2014 NOW, THEREFORE, in consideration of the mutual promises contained herein, the CITY and GPEC agree as follows RESPONSIBILITIES OF GPEC A. MISSION: OPEC works to attract quality businesses to the Greater Phoenix Region from around the world, and advocate and champion foundational effects to improve the region's competitiveness. B. GOALS• GPEC is guided by and strategically focused on two specific long-range goals: 1. Marketing the region to generate qualified business/industry prospects in targeted economic clusters 2 Leveraging public and private allies and resources to locate qualified prospects, improve overall competitiveness, and sustain organizational vitality C. RETENTION AND EXPANSION POLICY: Amok GPEC's primary role is image building, marketing and new business attraction for the Greater Phoenix region. 2 Retention and expansion of existing businesses is primarily a local issue 3. GPEC can add value to retention and expansion of existing businesses through regional support and research on key retention and expansion projects 4. GPEC has a responsibility to advise the City when an existing company contacts GPEC regarding a retention or expansion issue. D. ACTION PLAN AND BUDGET: In accordance with the Mission, Goals and Retention and Expansion Policy set forth above and subject to the availability of adequate funding, GPEC shall implement the Action Plan and Budget adopted by 1 GPEC's Board of Directors, a copy of which has been delivered to the City, receipt of which is hereby acknowledged A summary of the Action Plan is attached hereto as Exhibit A ("GPEC Action Plan"). The City shall be informed of any changes in the adopted GPEC Action Plan which will materially affect or alter the priorities established therein. Such not►fication will be in writing and will be made prior to implementation of such changes. Notwithstanding the foregoing, the City acknowledges and agrees that OPEC may, in its reasonable judgment in accordance with its own practices and procedures, substitute, change, reschedule, cancel or defer certain events or activities described in the OPEC Action Plan as required by a result of changing market conditions, funding ^ availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control. GPEC shall solicit the input of the City on the formulation of future marketing strategies and advertisements. The GPEC Action Plan will be revised to reflect any agreed upon changes to the OPEC Action Plan. E. PERFORMANCE TARGETS. Specific performance targets, established by OPEC's Executive Committee and Board of Directors, are attached hereto as Exhibit B ("GPEC Performance Measures") and shall be used to evaluate and report progress on GPEC's implementation of the OPEC Action Plan In the event of changing market conditions, funding availability, unforeseen expenses or other circumstances beyond GPEC's reasonable control, these performance targets may be revised with the City's prior written approval, or with the prior written approval of a majority of the designated members of OPEC's Economic Development Directors Team ("EDDT"). GPEC will provide monthly reports to the City discussing in detail its progress in implementing the OPEC Action Plan as well as reporting the numerical results for each performance measurement set forth in Exhibit B GPEC shall provide a copy of its annual external audit for the preceding fiscal year to the City no later than December 31, 2013. In the case of any benchmark which is not met, GPEC will meet with the EDDT to provide an explanation of the relevant factors and circumstances and discuss the approach to be taken in order to achieve the target(s) Failure to meet a performance target will not, by itself, constitute an event of default hereunder unless GPEC (i) fails to inform the City of such events; or(ii) fails to meet with EDDT to present a plan for improving its performance during the balance of the term of the Agreement. II. RESPONSIBILITIES OF THE CITY A. STAFF SUPPORT OF GPEC EFFORTS: The City shall provide staff support to OPEC's economic development efforts as follows. 1 The City shall respond to leads or prospects referred by OPEC in a professional manner within the time frame specified by the lead or prospect if the City desires to compete and if the lead is appropriate for the City When available, the City agrees to provide its response in the format developed jointly by EDDT and GPEC 2 2 The City shall provide appropriate local hospitality, tours and briefings for prospects visiting sites in the City 3 The City shall provide an official economic development representative to represent the City on the EDDT, which advises OPEC's President and CEO. 4. The City shall cooperate in the implementation of GPEC/EDDT process improvement recommendations including the use of common presentation formats, exchange of information on prospects with OPEC's staff, the use of shared data systems, land and building data bases and private sector real estate industry interfaces. 5. The City shall use its best efforts to respond to special requests by OPEC for particularized information about the City within three business days after the receipt of such request 6 In order to enable OPEC to be more sensitive to the City's requirements, the City shall, at its sole option, deliver to OPEC copies of any City approved economic development strategies, work plan, programs and evaluation criteria. OPEC shall not disclose the same to the other participants in OPEC or then representatives 7 The City shall utilize its best good faith efforts to cause an economic development professional representing the City to attend all marketing events and other functions to which the City has committed itself 8. The City agrees to work with OPEC to improve the City's competitiveness and market readiness to support the growth and expansion of the targeted industries as identified for the City in Exhibit C ("Targeted Industries"). B. RECOGNITION OF GPEC: The City agrees to recognize GPEC as the City's officially designated regional economic development organization for marketing the Greater Phoenix region III. ADDITIONAL AGREEMENTS OF THE PARTIES: A. PARTICIPATION IN MARKETING EVENTS AND PROVISION OF TECHNICAL ASSISTANCE: Representative(s)of the City shall be entitled to participate in OPEC's marketing events provided that such participation shall not be at OPEC's expense When requested and appropriate, OPEC will use its best efforts to provide technical assistance and support to City economic development staff for business location prospects identified and qualified by the City and assist the City with presentations to the prospect in the City or their corporate location 3 B. COMPENSATION: 1. The City agrees to pay$21,186.00 for services to be provided by GPEC pursuant to the Agreement during the fiscal year ending on June 30, 2014, as set forth in this Agreement. This amount is based on approximately $0 5752 per capita applied to that portion of the City's population outside of Maricopa County plus approximately $0 3897 per capita applied to that portion of the City's population within Maricopa County, based upon the 2012 Office of Employment and Population Statistics, Arizona Department of Administration population estimate, which listed the City as having a population of 36,632 in Pinal County and 296 in Maricopa County The payment by the City may, upon the mutual and discretionary approval of the board of directors of GPEC and the City Council, be increased or decreased from time to time during the term hereof in accordance with the increases of decreases of general application in the per capita payments to OPEC by other municipalities which support OPEC. 2. Funding of this Agreement shall be subject to the annual appropriations of funds for this activity by the City Council pursuant to the required budget process of the City 3 Nothing herein shall preclude the City from contracting separately with GPEC for services to be provided in addition to those to be provided hereunder, upon terms and conditions to be negotiated by the City and GPEC 4 GPEC shall submit invoices for payment on an annual basis. The foregoing notwithstanding, if GPEC has not provided the City with the audit required pursuant to paragraph I(E) above no later than December 31, 2013, no payments shall be made hereunder until the City receives the audit report Invoices and monthly activity reports, substantially in the form of Exhibit D ("Reporting Mechanism for Contract Fulfillment") .-. attached hereto, are to be submitted to the address listed under paragraph IV(P). C. COOPERATION: 1. The Parties acknowledge this Agreement creates a cooperative organization effort between GPEC and the City Accordingly, the City and GPEC covenant and agree to work together in a productive and harmonious working relationship, to cooperate in furthering OPEC's goals for the 2013-2014 fiscal year. 2 The City agrees to work with GPEC, as necessary or appropriate, to revise the performance measures, and/or benchmarks, and/or goals for the FY 2014-2015 contract 4 3 The City agrees to work with OPEC during the FY2013-2014 program year to develop a revised public sector funding plan, including a regional allocation formula for FY2014-2015, if determined to be necessary or appropriate IV. GENERAL PROVISIONS A. COVENANT AGAINST CONTINGENT FEES: OPEC warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon "` an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For a breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, in its discretion, to deduct the commission, brokerage or contingent fee from its payment to GPEC. B. PAYMENT DEDUCTION OFFSET PROVISION: GPEC acknowledges that no payment shall be made to any contractor as long as there is any outstanding obligation due to the City, and any such obligation shall be offset against payment due to GPEC. C. ASSIGNMENT PROHIBITED: No party to this agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and have no effect. D. INDEPENDENT CONTRACTOR; NO AGENCY: Nothing contained in this Agreement creates any partnership,joint venture or agency relationship between the City and OPEC At all times during the term of this Agreement, OPEC shall be an independent contractor and shall not be an employee of City. City shall have the right to control GPEC only insofar as to the results of OPEC's services rendered pursuant to this Agreement OPEC shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent GPEC shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. E. INDEMNIFICATION AND HOLD HARMLESS: During the term of this Contract, GPEC shall indemnify, defend, hold, protect and save harmless the City and any and all of its Council members, officers and employees from and against any and all actions, suits,proceedings, claims and demands, loss, liens, costs, expense and liability of any kind and nature whatsoever, for injury to or death of persons, or damage to property, including property owned by City brought, made, filed against, imposed upon or sustained by the City, its officers, or employees in and arising from or attributable to or caused directly or indirectly by the negligence, wrongful acts, omissions or from operations conducted by OPEC, its directors, officers, agents or employees acting on behalf of GPEC and with OPEC's knowledge and consent. Any party entitled to indemnity shall notify OPEC in writing of the existence of any claim, demand or other matter to which OPEC's indemnification obligations would apply, and shall give to GPEC a reasonable opportunity to 5 defend the same at its own expense and with counsel reasonably satisfactory to the indemnified party. Nothing in this Subsection E shall be deemed to provide indemnification to any indemnified party with respect to any liabilities arising from the fraud, negligence, omissions or willful misconduct of such indemnified party F. INSURANCE: GPEC shall procure and maintain for the duration of this Agreement, at GPEC's own cost and expense, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement by GPEC, its agents, representatives, employees or contractors, in accordance with the Insurance Requirements set forth in Exhibit E ("Insurance Requirements"), attached hereto The City acknowledges that it has received and reviewed evidence of GPEC's insurance coverage in effect as of the execution of this Agreement. G. GRATUITIES The City may, by written notice to GPEC, terminate the right of OPEC to proceed under this Agreement upon one (I) calendar day notice, if it is found that gratuities in the form of entertainment, gifts, or otherwise were offered or given by OPEC, or any agent or representative of GPEC, to any officer or employee of the City with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of such contract;provided that the existence of the facts upon which the City makes such findings shall be an issue and may be reviewed in any competent court In the event of such termination, the City shall be entitled to pursue all legal and equitable remedies against OPEC available to the City. H. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, GPEC agrees as follows. GPEC will not discriminate against any employee or applicant for employment because of race,color, religion, gender, sexual orientation, .. national origin, age or disability. OPEC shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, gender, sexual orientation, national origin, age or disability Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. GPEC agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause 2. GPEC will, in all solicitations or advertisements for employees place by or on behalf of OPEC, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, sexual orientation, national origin,age or disability 6 3 OPEC will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to Agreements or subcontracts for standard commercial supplies or new materials. 4. Upon request by the City, GPEC shall provide City with information and data concerning action taken and results obtained in regard to OPEC's Equal Employment Opportunity efforts performed during the term of this Agreement. Such reports shall be accomplished upon forms furnished by �► the City or in such other format as the City shall prescribe COMPLIANCE WITH APPLICABLE FEDERAL AND STATE LAWS REQUIRED. GPEC understands and acknowledges the applicability of the American with Disabilities Act,the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 and agrees to comply therewith in performing under any resultant agreement and to permit City inspection of its records to verify such compliance. 1. GPEC warrants to the City that, to the extent applicable under A.R.S. §41- 4401,GPEC is in compliance with all Federal Immigration laws and regulations that relate to its employees and with the E-Verify Program under A R S §23-214(A). GPEC acknowledges that a breach of this warranty by GPEC or any subconsultants providing services under this Agreement is a material breach of this Agreement subject to penalties up to and including termination of this Agreement or any applicable subcontract. The City retains the legal right to inspect the papers of any employee of GPEC or any subconsultant who works on this Agreement to ensure compliance with this warranty 2. The City may conduct random verification of the employment records of GPEC and any of its subconsultants who work on this Agreement to ensure compliance with this warranty 3. The City will not consider GPEC or any of its subconsultants who work on this Agreement in material breach of the foregoing warranty if GPEC and such subconsultants establish that they have complied with the employment verification provisions prescribed by 8 USCA § 1324(a)and (b)of the Federal Immigration and Nationality Act and the e-verify requirements prescribed by Arizona Revised Statutes § 23-214(A) 4. The provisions of this Section 1 must be included in any contract OPEC enters into with any and all of its subconsultants who provide services under this Agreement or any subcontract to provide services under this Agreement As used in this Section I "services" are defined as furnishing labor, time or effort in the State of Arizona by a contractor or subcontractor Services include construction or maintenance of any structure, building or transportation facility or improvement to real property. 7 5 Pursuant to A.R.S. §§35-391 06 and 35-393-06, GPEC hereby certifies to the City that GPEC does not have "scrutinized" business operations, as defined in A.R.S. §§35-391 and 35-393, in either Sudan or Iran. J. TERMINATION. City shall have the right to terminate this Agreement if GPEC shall fail to duly perform,observe or comply with any covenant, condition or agreement on its part under this Agreement and such failure continues for a period of 30 calendar days (or such shorter period as may be expressly provided herein) after the date on which written notice requiring the failure to be remedied shall have been given to OPEC by the City; provided, however, that if such performance, observation or compliance requires work to be done, action to be taken or conditions to be remedied which, by their nature, cannot reasonably be accomplished within 30 calendar days, no event of default shall be deemed to have occurred or to exist if, and so long as, OPEC shall commence such action within that period and diligently and continuously prosecute the same to completion within 90 calendar days or such longer period as the City may approve in writing. The foregoing notwithstanding, in the event of circumstances which render OPEC incapable of providing the services required to he performed hereunder, including, but not limited to, insolvency or an award of monetary damages against GPEC in excess of its available insurance coverage and assets, the City may Immediately and without further notice terminate this Agreement. K. RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS. GPEC's performance hereunder shall be in material compliance with all applicable federal, state and local health, environmental, and safety laws, regulations, standards, and ordinances in effect during the performance of this Agreement L. INSTITUTION OF LEGAL ACTIONS Any legal actions instituted pursuant to this Agreement must be filed in the county of Pinal, State of Arizona, or in the Federal District Court in the District of Arizona In any legal action, the prevailing party in such action will be entitled to reimbursement by the other party for all costs and expenses of such action, including reasonable attorneys' fees as may be fixed by the Court. .•� M. APPLICABLE LAW. Any and all disputes arising under any Agreement to be awarded hereunder or out of the proposals herein called for, which cannot be administratively resolved, shall be tried according to the laws of the State of Arizona, and GPEC shall agree that the venue for any such action shall be in the State of Arizona, Pinal County. N. CONTINUATION DURING DISPUTES. OPEC agrees that, notwithstanding the existence of any dispute between the parties, each party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by an Arizona court of competent jurisdiction O. CITY REVIEW OF GPEC RECORDS. OPEC must keep all Agreement records separate and make them available for audit by City personnel upon request. 8 Ink P. NOTICES. Any notice, consent or other communication required or permitted under this Agreement shalt be in writing and shall be deemed received at the time it is personally delivered, on the day it is sent by facsimile transmission, on the second day after its deposit with any commercial air courier or express service or, if mailed, three (3) business days after the notice is deposited in the United States mail addressed as follows: If to City: George Hoffman City Manager �► City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85219 Phone: (480)474-5066 Fax. (480) 474-5110 If to GPEC: Barry Broome President and Chief Executive Officer Greater Phoenix Economic Council Two North Central Avenue, Suite 2500 Phoenix, Arizona 85004-4469 Phone: (602) 256-7700 FAX. (602)256-7744 Any time period stated in a notice shall be computed from the time the notice is deemed received Either party may change its mailing address or the person to receive notice by notifying the other party as provided in this paragraph Q. TRANSACTIONAL CONFLICT OF INTEREST. Notwithstanding paragraph 1V(J), all parties hereto acknowledge that this Agreement is subject to cancellation by the City pursuant to the provisions of Section 38-51 1, Arizona Revised Statutes. R. NONLIABILITY OF OFFICIALS AND EMPLOYEES. No member, official or .•. employee of the City will be personally liable to GPEC, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to GPEC or successor,or on any obligation under the terms of this Agreement. No member, official or employee of GPEC will be personally liable to the City, or any successor in interest, in the event of any default or breach by the GPEC or for any amount which may become due to the City or successor, or on any obligation under the teens of this Agreement. S. SEVERABILITY. City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related 9 agreements effective as of the same date)provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. T. CAPTIONS. The captions contained in this Agreement are merely a reference and are not to be used to construe or limit the text U. No THIRD PARTY BENEFICIARIES. No creditor of either party or other individual or entity shall have any rights, whether as a third-party beneficiary or otherwise, by reason of any provision of this Agreement V. ENTIRE AGREEMENT,WAIVERS AND AMENDMENTS. This Agreement may be executed in up to three (3)duplicate originals, each of which is deemed to be an original. This Agreement, including eleven (11)pages of text and the below- listed exhibits which are incorporated herein by this reference, constitutes the entire understanding and agreement of the parties. Exhibit A - GPEC Action Plan Exhibit B - GPEC Performance Measures Exhibit C- Targeted Industries Exhibit D - Reporting Mechanism for Contract Fulfillment Exhibit E - Insurance Requirements This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. Except as otherwise expressly provided in this Agreement, any failure or delay by any party in asserting any of its rights or remedies as to any default, will .•. not operate as a waiver of any default, or of any such rights or remedies,or deprive any such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or GPEC, and all amendments hereto must be in writing and signed by the appropriate authorities of the parties hereto. 10 Al Elh. Almik IN WITNESS WHEREOF, the parties hereto have executed the Agreement this day of , 2013 City of Apache Junction, an Arizona municipal corporation By. John S Insalaco, Mayor ''1 ATTEST. By: Kathy Connelly, City Clerk APPROVED AS TO FORM. By: (4 6- 1 z.-43 Richard J. Stern, City Attorney GREATER PHOENIX ECONOMIC COUNCIL, an Ariz i a nonprofit oration By: i Barry Broome, Pr sident& Chief Executive Officer 11 • 1 •. • • CENTER •. . -�`� EXHIBIT A. FY2014 ACTION PLAN :'.. . ` • -•.-. . • 11 • • �-� . • % • •tr, • 0- ♦ - r w ! i • r• •= a •14.•+tip • ... .. •ti ++ / #{ 'e .4,i'• ► ,V•is `t :: . , ~,it. i'`_i 10 .•ems ;• ••. •..., , ! e.1, • .'it . Aralefia • al• • . ' • . • 4 r.y `..,• u • ' • , ,:4e�1•'" •t . • .• ,., r. w. it � '` '`��/"" If • - '•• • •f _ ' • Greater Phoenix . •• . • it •r • -•••0.1,,Cal a.._ • —0— 411116 ib '(.0 7K. ',.....- Renewable Biomedical/ Advanced Manufacturing Mission Aerospace Emerging Energy Personalized Business &Logistics Critical &Aviation Tech Medicine Services MEMBER COMMUNITIES MARICOPA COUNTY CHANDLER GOODYEAR QUEEN CREEK WICKENBuRG APACHE JUNO:ION FOUNTAIN i+.ILLS MAR ICOPA SCOTTSDALE YOUN(,IC:1N N. AVCNDALE GILABENO MESA SURPRISE BUCKEYE GIL BERT PHOENIX IEMPE CASA GRANDE GLENDALE PEORIA TOLLESON GPEC MISSION Attract quality businesses to the Greater Phoenix region from around the world, and advocate and champion foundational efforts to improve the region's competitiveness. 2 i WHAT TO EXPECT IN THE FOLLOWING PAGES 4 GPEC Stakeholders FY13 MILESTONES 6 FY14 Metrics Momentum gained in the last year—select 7 FY14 Budget achievements and key benchmarks 8 Business Development FY14 ACTION ITEMS 10 Competitveness Sample of activities that adhere to a five-year 12 Marketing and Communications vision and result in progress 13 Stakeholder Engagemen,t Paving the Way DRIVES THESE FY14 METRICS Shows relationship between action items and annual performance goals EXECUTIVE SUMMARY AND FIVE-YEAR STRATEGIC PLAN OVERVIEW CENTER OF GRAVITY One of GPEC's most unique and differentiating traits is our ability to convene public and private-sector leaders around the same table to develop and implement strategies that will transform Greater Phoenix's economic landscape At GPEC, aspirations of greatness are shared, common ground is found and collectively stood upon, and risks are taken together In the natural ebb and flow of business and economic cycles, GPEC remains a constant force, striving to outperform other markets for investment, serving our communities through lob creation and championing a marked change in the state and region's competitive position. Your leadership, support and participation have made GPEC a center of gravity As GPEC approaches our 25th year as the region's economic development authority, we are resolute in our endeavors to maintaining and celebrating a model that has proven its effectiveness time and again. VISION AND PROGRESS As approved by GPEC's Board of Directors in FY11, these strategic pillars will guide the organization's fiscal 3 year activities, and by 2016, lead to the following vision statements Strategic Pillar By 2016 Market Intelligence GPEC's market intelligence model will be best-in-class Next Generation GPEC will elevate Greater Phoenix as a leading center of emerging technologies eu Attraction GPEC will maintain its reputation as a credible, respectable and "go to" organization International GPEC's foreign direct investment approach will be a national best practice. Regional Brand GPEC will successfully define Greater Phoenix as a region that is forward-thinking, innovative and business-friendly. GPEC Brand GPEC will be the nation's premier agency and leader in the economic development realm In Arizona, GPEC will be the principal leadership organization Capital Markets/ GPEC will develop a science and technology-based fund that will Venture Formation drive regional innovation activity GPEC STAKEHOLDERS* MEMBER COMMUNITIES Maricopa County Fountain Hills Mesa Tempe Apache Junction Gila Bend Phoenix Tolleson Avondale Gilbert Peoria Wickenburg Buckeye Glendale Queen Creek Youngtown Casa Grande Goodyear Scottsdale Chandler Maricopa Surprise PLATINUM Alliance Bank of Arizona Dignity Health Mayo Clinic Vernon Wireless APS DMB Associates Meritage Homes Walmart Arizona Cardinals Ernst&Young MidFirst Bank Waste Management Arizona Diamondbacks Freeport McMoRan PetSmart Wells Fargo Arizona Republic/ Copper&Gold Inc. Phoenix Suns Gannett Foundation Henry&Horne Polsinelli PC 4 Arizona State University Hines Power One Bank of America Intel Corporation Republic Services Banner Health Job Brokers Inc. SCF Arizona BBVA Compass Kitchell Squire Sanders Chase Maracay Homes SRP Cox Communications Maricopa Community University of Phoenix D L Withers Construction Colleges US Airways GOLD i► AlA Vista Tech Celgene Corporation Howard S Wright Sun Health AAA Arizona Central AZ Commerce Park, JE Dunn Construction Sundt Construction Abengoa/Abacus LLC Jones Lang LaSalle Thunderbird School Aetna CenturyLink Keyser of Global Arizona Business Bank Coe&Van Loo Layton Construction Management Avnet Consultants,Inc Lee and Associates Total Transit BDO Colliers International Lewis&Roca LLP University of Arizona BMO Harris Bank Cushman&Wakefield Macerich Ware Malcomb BlueCross BlueShield of Deloitte The McShane Companies Weitz Company Arizona Deutsch Architecture Group Mortenson Construction Wespac Construction,Inc Cancer Treatment Centers Digital Realty Trust National Bank of Arizona Wood,Patel& of America El Dorado Holdings Nationwide Realty Investors Associates,Inc Cassidy Turley/BRE Corn- Empire Southwest Okland Construction mercial Gammage&Burnham Phoenix Children's Hospital Carlyle Development- Gilbane Building Co Renaissance Companies MetroCenter Green Loop Solutions SmithGroup CBIZ MHM Greenberg Traung Snell&Wilmer LLP CBRE Hensel Phelps Southwest Airlines CCS Presentation Systems Hensley Stinson,Morrison, Hecker Amok N. -i-r, '"I',"--$344.4416:&. '' , i,--..,...--_-.,,_...;-.. g..i ',''..mi tioN.. . .. , • • • ....zr_.,•.„ ••_., • . ,_._ '''.. :,......Alte! . ....- _ .. "n---_ . - •• •• e •. r �*ri ,ra' - f -per r'1yM rpa, çy* ,, r4. >. 1 R ' SILVER A T Still University Dibble Engineering Kutak Rock Interiors Air Products and DIRTT Land Advisors Organization Tratt Properties Chemicals,Inc. Ellman Companies Merit Partners Ultimate Staffing Services All About People Ensemble DevMan MSS Technologies Univita Arizona Office Technologies of Arizona Mutual of Omaha USAA Bank of Arizona Fennemore Craig On Q Financial Volo Holdings,LLC 5 Big D Construction Fervor Creative Osborn Maledon WealthTrust Arizona Bristol Global Mobility Golder Associates The Plaza Companies Willmeng Construction, Inc Bryan Cave Goodmans Interior Quarles&Brady Wist Office Products Capital Commercial Structures Queen Creek/ Investment, Inc GPE Commercial Advisors Landmark Companies Capital Group Companies Grant Thornton Rose Law Group Clark Hill PLC Green Card Fund Southwest Gas Corporation Comerica Bank Kelly Services Sun State Builders CoStar Group KTAR Target Commercial BRONZE The Alter Group Guided Therapy Systems Newmark Grubb American Solar Electric Haworth Night Frank Applied Economics John C Lincoln Health Plant Solutions Carefree Partners Network SkySong,Scottsdale CORE Construction McCarthy Building Innovation Center Dircks Moving&Logistics Companies Sunstate Equipment Gallagher&Kennedy Midwestern University Company *As of April 30 2013 FY14 METRICS Amik THRESHOLD TARGET STRETCH Payroll Generated $194,283,011 $213,711,312 $235,082,443 Number of Jobs 4,597 5,057 5,562 High-wage Jobs 2,407 2,647 2,912 Average High-wage Salary $50,792 $56,435 $62,079 Qualified Prospects 206 227 250 6 Qualified International Prospects 37 40 44 Emerging Tech Assists 8 10 12 Reach of Editorial Placements 222M 247M 271M FY14 BUDGET JULY 1, 2012 - JUNE 30, 2013 Aill Revenues FY12-13 Forecast %of Total FY 2014 Budget %of Total FY 2013 Budget S Change Change Public Funds $ 2,101,000 42 8% $ 2 095,000 421% $ 2,101,000 $ (6,000) (.3%) Private Funds 2,300,000 46 9% 2,300,000 46.2% 2 300,000 - New Pledge Revenue 250 000 51% 250,000 5 0% 250,000 - In-Kind Pledges 92,000 19% 92,000 18% 92,000 - Special Events,Prog &Spon 152,000 31% 240,000 4 8% 140 000 100,000 714% Other 12,000 0 2% 5,000 01% 5,000 - Total Revenues $ 4,907,000 100% $ 4,982,000 100% $ 4,888,000 $ 94,000 1 9% Operating Expenditures , 7 Business Attraction 357,000 7 3% 363,000 7 3% 357,000 6,000 1 7% Marketing 240,000 4 9% 272 000 5 5% 240,000 32,000 13 3% Research&Strategy 126,000 2 6% 150,000 3 0% 126,000 24,000 19% External Relations 233,000 4 7% 230,000 4.6% 233,000 (3,000) (13%) Resource Management 233,000 4 7% 230,000 4 6% 233,000 (3,000) (13%) Personnel 3,318,000 67 6% 3,432,000 68 9% 3,318 000 114,000 3 4% Facilities 448,000 91% 408,000 8.2% 417,000 (9,000) 2.2% Total Expenses 4,955,000 101% $ 5,085,000 1021% $ 4,924,000 $ 161,000 3 3% Net Loss (48,000) (103,000) (36,000) (67,000) 186 1% Less Capital Expenditures (40,000) (0 8%) (10,000) (0 2%) (40,000) 30 000) (75 0%) Amortization of Deferred Rent (40,000) (0.8%) (43 000) (0 9%) (40,000) (3,000) 7 5% Add Depreciation 25,000 25,000 0 5% 40,000 (15,000) (37 5%) Net Cash Flows (103 000) 0 5% (131,000) (76,000) (55,000) Beginning Cash 1,802,000 1,726,000 1,802,000 (76,000) Ending Cash $ 1,699,000 $ 1.595,000 $ 1,726,000 $ (131,000) (76%) (1)Some reclassifications have been made in the current year FY13 BUSINESS DEVELOPMENT MILESTONES California Dreamin' Create and maintain high-quality jobs and investment Capitalized on CA's increase on through targeted, direct selling .•. personal income taxes by targeting CEOs with a CA 50 campaign. The Proactively pursue the best projects that meet community result?A tremendous immediate and regional objectives response—more than 60 calls within the first week—so the campaign was extended to 100 CEOs of qualified companies. GPEC is currently working with approximately 35 CA CEOs who FY14 ACTION ITEMS are at the helm of companies ranging in size from 300 to 10,000 employees Scale California Initiative and represent industries like financial Substantial interest in GPEC's California 100 campaign has services, manufacturing, life sciences translated to more than two dozen companies evaluating Greater 8 and technology. Phoenix As GPEC looks to convert these prospects to locates, we will deploy more resources to California markets and articulate Mining Emerging Tech Arizona's business case to executives seeking to leave or expand Opportunities out of the state Still in its infancy stage, GPEC is further developing a system to Mine Opportunities in Chicago uncover and pursue emerging tech GPEC will expand current efforts in Chicago, increasing our firms that have a viable funding presence and outreach to the market that many Arizonans source. Early identification of these formerly called home We will study market similarities enterprises during the capital infusion and juxtapose those areas in which Greater Phoenix has a Als process, will afford GPEC the chance solid advantage GPEC will also recalibrate our messaging, to grow technologies within the historically designed for site-selectors, and cast a more refined region's innovation ecosystem. communications net targeted at executives. Strong Deal Flow Size Up the Competition Through April, GPEC has delivered on GPEC will broaden its normal business development travel to several business development metrics include trips that delve into better understanding industries in the including number of jobs, high- competitor markets of Austin, Salt Lake City, Las Vegas, Dallas wage jobs and average high wage and Denver Austin, for example, has a storied past in technology salary. Year-end projections suggest yet continues to surface in rankings and maintain its reputation GPEC will finish strong—among as an innovative city Visits with market experts and research due one of the organization's top five job diligence will help GPEC identify how Greater Phoenix stacks up performances in the last decade. 0011*. - DRIVES-, - ` IVES THESE SE FY14 METRICS • Pipeline of qualified prospects •. - • Total number of jobs created • Number of high-wage jobs created • { " • Average high-wage salary t. • Payroll generated • Stakeholder satisfaction with business attraction Enhance Approach in China and Launch New International Markets 9 First introduced as the China Z Corridor Strategy, the China- Arizona Alliance has resulted in effective connections to companies and multipliers in Shanghai and its surrounding cities, which boasts the largest concentration of industries in China The Alliance comprises Arizona Commerce Authority, Arizona State University, Tucson Regional Economic Opportunities and GreenCardFund GPEC will continue to develop these relationships through a series of investment forums on doing business in Greater Phoenix, not only in China but also in other foreign markets within Western /'\ Europe and Western and Eastern Canada FY13 COMPETITIVENESS MILESTONES The State of an Industry Guide new, strategic business opportunities through Released findings from a pre- geographic and industry trend analyses .�. sequestration study that analyzed 114 of the region's most at-risk aerospace Evaluate targeted, sound economic development programs and defense companies. GPEC's that enhance regional and state competitiveness market intelligence program on this effort received widespread praise among federal officials in Washington, D.C. and could serve as a future national model. FY14 ACTION ITEMS Unprecedented D.C. Mission Advance the Market Intelligence Program Record participation from more than 60 civic and business leaders, Following the rollout of our findings from the aerospace and iu noteworthy attendance from Arizona's defense analysis and pre-sequestration report, GPEC will continue congressional delegation and a monitoring this industry to assess the impact from sequestration GPEC will also expand the market intelligence program to first ever national panel discussion researching information communications technology (ICT) An on immigration uniquely defined in-depth look at the region's ICT assets and overall evaluation the 2013 Executive Mission to of industry trends will equip our communities with intelligence Washington, D.C. GPEC organized 44 beneficial to their respective retention efforts key meetings over the course of three days. Implement a Regional Science and Technology Initiative Building on the work from FY13, GPEC will coalesce business and Having the Innovation community leaders to execute an economic growth plan designed .•. Conversation to transform Greater Phoenix into a knowledge-driven economy Outcomes from the work of GPEC's The purpose of the initiative is to lead the nation and the world Innovation Council included the in new technologies and innovation, and ultimately increase launch of industry roundtables, the region's prospects for greater prosperity and economic which focused on education IT and sustainability healthcare IT, bringing increased attention to emerging technology Champion Shifts in Arizona's Competitiveness clusters in the region. GPEC will continue the quest for number one in the Mountain West, and seek the passage of a property tax reclassification tool at the Arizona legislature Designed to attract export industries, which drive economic growth, this performance-based program will improve GPEC's ability to compete for investments and quality job creation DRIVES THESE .- FY14 METRICS ~_ 8 . 1 rT Y ,- �Ii. - . � y t 1L - ,'...: .' • Pipeline of qualified prospects T M ' , T. • Average high-wage salary ,t �; • Emerging technology assists *` • Competitive position progress • Uphold a Compelling Research Model Over the last several years, GPEC has earned a reputation it for our ability to deliver valuable research and analyses to prospective companies, policymakers and business leaders GPEC will apply our competency in evaluating and translating sophisticated research to increasingly important subjects like education, workforce and emerging industries FY13 MARKETING & COMMUNICATIONS MILESTONES Incredible PR Market and promote region's strengths and assets in Capitalized on key national and new markets using non-traditional tools Oak international themes, which led to an extraordinary 674-plus million media Continue to position GPEC as a reliable resource for impressions. PR efforts surrounding stakeholders, policy-makers, citizens and media on key the International Trade Commission economic development issues hearing on solar tariffs in China, GPEC's CA 100 campaign in response to Prop 30, and the Arizona Talks Immigration panel in Washington, D.C. resulted in solid media placement for FY14 ACTION ITEMS GPEC. Build Upon Success in California An International First An aggressive marketing campaign to lure executives from the 12 Created a first-ever international Golden state resulted in a highly successful series of media guide to doing business for foreign stories about the region and an abundance of new California companies seeking to invest in the prospects GPEC will follow this move with new tactics that U.S. This comprehensive toolkit, include leveraging the support of partners to position the compiled by some of the region's top region's brand through digital, print and display mediums across experts, is available in print and online California, as well as a continued media strategy to leverage in English, Chinese and Spanish at ongoing opportunities www.gpec.org/toolkit. Bndge the Region to International Markets Striking Gold in the More so than in years past, GPEC will focus on implementing Auk Golden State an international marketing campaign that includes increasing Immediately followed passage of CA's awareness for Greater Phoenix and our market offerings We'll Prop 30, which significantly increased also strengthen ties with Washington, D C-based agencies that personal tax rates on incomes over serve as points of entry for foreign companies, thereby gaining $250,000, with a CA 50 campaign more immediate visibility among firms seeking to invest in the U S targeted at CEOs. GPEC deployed Go Bigger in Chicago PR, print advertising, email marketing and social media to promote the GPEC will complement business development activity in campaign, offering 50 qualified CA Chicago with a more direct campaign targeting executives in the Windy City Through electronic marketing and a potential, execs a first-rate market overview to strategic media buy, GPEC will hone in on differentiating market evaluate the region for relocation and characteristics and promote the benefits of doing business in expansion opportunities. After non- Greater Phoenix stop calls within the first week, the campaign was extended to the first 100 qualified CEOs showing interest. DRIVES THESE FY14 METRICS `-c ~a " ` ` '• • Pipeline of qualified prospects • • Pipeline of international prospects •• Total reach of editorial . -...----� placements Maintain a High Profile Media placement for the region and GPEC has been off 13 the charts thanks to more calculated, relevant positions on foreign direct investment (ie, trade and investment with China)and taxes (ie, California's Proposition 30) GPEC will continue to pursue national and international media by developing progressive, fact-based storylines that serve to improve the state and region's brand in outside markets Recapture the Conversation GPEC will explore the revival of our "Convening the Community" series in support of our efforts to implement AimiN a regional science and technology initiative In 2009, these town-hall type forums drew 800-plus attendees and 12,000 television viewers to an important dialogue on the region and state's competitiveness STAKEHOLDER ENGAGEMENT The active involvement by GPEC stakeholders carves a path for our region to become world-class and extraordinary. Stakeholder support enables GPEC to pursue economic opportunities while allowing investors to participate in key economic development activities. ANN GOVERNANCE Board of Directors Provides effective oversight of the organization and helps shape GPEC's influence as a regional thought leader Executive Committee Acts on behalf of the Board of Directors, advising on strategic direction and overall performance of annual goals Board-Level Committees « Performance Committee Evaluates the performance of the organization and the President& CEO 14 « Nominating Committee Serves to nominate the At-Large Directors and Board officers • Audit Committee Assesses internal controls and oversees auditors and the annual audit • Finance Committee Sets financial objectives for the organization and recommends the annual budgets as part of the Action Plan • • LEADERSHIP COUNCILS AND AMBASSADORS ADVISORY GROUPS The collective professional expertise of GPEC's councils At the foundation of GPEC's and advisory groups helps shape the organization's key engagement activity are initiatives, leverages connections to further business Ambassadors, whose broad range development and competitiveness efforts, and supports of professional backgrounds implementation of programs. lend critical assistance to regional business-climate improvement and Community Building Consortium* business development efforts Applies collective commercial real estate experience to help capture business development opportunities and increase Ambassadors the region's transactional capabilities Help communicate, educate and inform stakeholders, policy-makers, Economic Development Directors Team citizens and media about key regional Advises CEO and staff on local economic development economic development issues. trends, offers insight on pulse of city/town council and partners with GPEC to finalize location decisions Certified Ambassadors Education Council* (under consideration) A qualifying program for Reviews current workforce skills gaps, supports the Ambassadors who serve as an advancement of a science and technology initiative and extension of the GPEC team and 15 identifies education-to-career path solutions are given unique opportunities to interface more closely with GPEC's GPEC Next Leadership Council* staff and board on program initiatives Ensures the organization operates in a model that is and mission-critical efforts. innovative, integrated and proactive Ambassador Steering Committee Healthcare Leadership Council* Advises on strategic direction of Works to advance a healthcare initiative for the region Ambassadors Program, design and establish Greater Phoenix as a center of excellence activities relevant to and in support of anchored by innovative assets and world-class leadership GPEC's mission, serve as a sounding Innovation Council* board for emerging initiatives and support implementation of programs. Leverages the region's expanding innovation ecosystem in an effort to foster growth in emerging industries and *Eligibility determined by investment ultimately diversity the economy level or strategic appointment International Leadership Council* Advises on the direction and implementation of GPEC's foreign direct investment efforts,and provides guidance to increase program impacts Marketing Committee* Offers guidance on the development of regional branding, and GPEC's marketing and media efforts in support of our core mission Mayors Council Convenes mayors of GPEC's municipalities for regular updates on strategic initiatives Like a whirl of shiny flakes sparkling in a snow globe,Hubble caught this glimpse of many hundreds of thousands of stars moving about in the globular cluster M13.one of the brightest and best- known globular clusters in the northern sky.These stars are packed so closely together in a ball, approximately 150 light-years across,that they will spend their entire lives whirling around in the cluster.Near the core of this cluster,the density of stars is about a hundred times greater than the density in the neighborhood of our sun. (CPI Greater Phoenix EC(NNC;r.lCcindra L 2 N.Central Ave..Stole 25C0.Phoerrx..V 3500-1 -"hone.602.256 7700 I F,at 602 256.7744 I n.vv.gpec.an b ne�tcrph(groups,„emeeconnrt.¢ tacc .^heoh.cnm' eca; You�� pecgrearerphaemx a.nc EXHIBIT B GPEC PERFORMANCE MEASURES FY 2013-2014 Specific performance targets as established by the GPEC Executive Committee and Board of Directors: 1. Payroll Generated $194.3M 2. Total Number of Jobs Created 4,597 3. Total Number of High-Wage Jobs 2,407 4. Average High-Wage Salary $50,792 5. Emerging Tech Assists 8 6. Number of Qualified Prospects 206 7. Number of Qualified International Prospects 37 8. Total Reach of Editorial Placements/Exposures 222M GPEC contmues to target high-wage industries(Renewable Energy,Biomedical/Personalized Medicine;Advanced Business Services,Manufactunng&Logistics,Mission Critical,Areospace&Aviation,Emerging Tech) EXHIBIT C TARGETED INDUSTRIES FY2013-2014 GPEC and our member communities have identified targeted industries on a local and regional level,mcorporatmg these industries into a regional economic development plan.For fiscal year 2013-2014,GPEC will continue its emphasis on the following:Renewable Energy,Biomedical/Personalized Medicme,Advanced Business Services; Manufacturing&Logistics;Mission Critical,Aerospace&Aviation,Emergmg Tech OIN Member communities will target the following: Apache Junction Business services,environmental technologies research and manufacturing,standard and advanced manufacturing; regional and corporate centers,medical institutions and/or associated satellite operations,mining support facilities; resort/tounst-oriented development,filmmakmg(location shooting);expanded retail opportunities Avondale Advanced business services/mformation technology,renewable energies,Bio/medical/life sciences,manufacturing, higher education/lifelong learning,amateur sports and tourism Buckeye Advanced business services,renewable energy,high tech(data center and services),environmental technology/ sustamability,standard manufacturing,medical and educational institutions,transportation/distribution,small busmess/mcubator,aerospace/aviation Casa Grande Aviation/aerospace,biosciences and sustamability,corporate/regional headquarters;healthcare and medical services,standard manufacturing and transportation and distribution Chandler Advanced business services,corporate/regional headquarters,high-tech electromcs and software development, aerospace/aviation and advanced materials;biosciences and sustainability Fountain Hills Advanced business services(professional,technical,and scientific services including finance and insurance), healthcare,medical,bio-life sciences and wellness,medical and educational institutions,arts,entertainment and recreation,retail Gila Bend Clean technology(manufacturing/central station generation/R&D),warehousing/transportation/distribution,military supply chain,tourism/hospitality,standard manufacturing,agnculture/agn-biotechnology,food,fiber and natural products;aerospace/aviation,heavy industrial Gilbert Corporate/regional headquarters,advanced business services,high-tech/software(R&D,data center,services),next generation electronics(sensors,optics),aerospace and defense(satellite,FAA repair),biotechnology and life sciences(R&D,oncology,regenerative medicine,cardiovascular science,medical device);clean technology and renewable energy(R&D,algae,biodiesel) Glendale Advanced business services,aerospace and defense;education,healthcare/medical,hospitality;renewable energy, technology Goodyear Advance financial/busmess services,high-tech electromcs and software development,aerospace/aviation,advanced materials;biosciences(treatment,medical diagnostics,research)and senior industries,food,fiber and natural products,transportation/distribution,standard manufacturing,environmental technology,sustamability Page 1 of 2 Maricopa(City) High-wage employers(salaries averaging at least 125%of the median wage in Mancopa County)that generate at least 80%of income from exporting goods and services outside the region Mesa Primary Target Industries. Healthcare,Education,Aerospace/Defense and Tounsm/Technology Secondary target industries:Advanced business services,standard and advance manufacturing,regional and corporate centers,environmental technology,research&development;bioscience,sustainability Peoria Advanced business services,high technology(data centers,R&D),life sciences and healthcare technologies; advanced medical services,educational mstitutions,advanced and standard manufacturing,clean technologies research and manufacturing,entertainment and tourism Phoenix Elio-life science,advance busmess services,manufacturing,sustainable industries and enterprises,high education, world busmess,trade and FDI,and established/emerging enterprises Queen Creek Aerospace and aviation,health and wellness,arts,culture and expenence,education,clean and renewable energy and water; family/youth&children activity destinations Scottsdale Information technology/software,healthcare/biomedical;financial services, sports/hfestyle,solar/sustainable mdustnes,education Surprise Environmental technology,advanced medical services,biotech,education and healthcare,transportation and distribution Tempe Advanced business services(fmancial services), high tech/software(R&D,data center and services),high-tech/next generation electromcs;aerospace R&D/aviation,bioscience(research,drug development,treatment,medical diagnostics),corporate/regional headquarters,sustamability(environmental);advanced materials/plastics,semor industries;clean tech,renewable energy and manufacturing Tolleson Aerospace and advanced materials;food,fiber and natural products,transportation/distribution,standard manufacturing,environmental technology,sustainability Wickenburg Heavy mdustnal;standard manufacturing,transportation&distribution;rail services,food processmg,mining support facilities,renewable energy,environmental technology research&manufacturing,healthcare and medical, educational institutions,tourism and filmmaking,expanded retail operations Page 2 of 2 OIN EXHIBIT D FY 2013-2014 REPORTING MECHANISM FOR CONTRACT FULFILLMENT Monthly Activity Report - Month, Year BUSINESS ATTRACTION PERFORMANCE METRICS: GPEC Progress Toward Goals Annual Contract Actual Goal %of Targeted Opportunities Goal YTD YTD Goal YTD PAYROLL GENERATED(MILLIONS) AVERAGE HIGH WAGE SALARY NUMBER OF JOBS NUMBER OF HIGH-WAGE JOBS EMERGING TECHNOLOGY ASSISTS QUALIFIED PROSPECTS INTERNATIONAL PROSPECTS TOTAL REACH OF EDITORIAL PLACEMENTS GPEC continues to target high-wage industries(advanced business services, aerospace, life sciences,renewable energy, high-tech/IT) KEY BUSINESS ATTRACTION ACTIVITIES AND OTHER GPEC ACTIVITIES Page 1 of 1 EXHIBIT E INSURANCE REQUIREMENTS The City's insurance requirements are minimum requirements for this Agreement and in no way limit the indemnity covenants contained in this Agreement. The City in no way warrants that the mimmum limits required of GPEC are sufficient to protect GPEC from liabilities that might arise out of this Agreement for GPEC, its agents, representatives, employees or Contractors and GPEC is free to purchase such additional insurance as may be determined necessary. A. Minimum Scope and Limits of Insurance. GPEC shall provide coverage at least as broad as the categories set forth below with limits of liability in amounts acceptable to the City 1. Commercial General Liability - Occurrence Form (Form CG 0001, ed. 10/93 or any replacements thereof) General Aggregate/per Project Products-Completed Operations Aggregate Personal & Advertising Injury Each Occurrence Fire Damage (Any one fire) Directors and Officers Medical Expense (Any one person) Optional 2. Automobile Liability - Any Auto or Owned, Hired and Non-Owned Vehicles (Form CA 0001, ed. 12/93 or any replacement thereof) Combined Single Limit Per Accident for Bodily Injury and Property Damage 3. Workers' Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability B. Self-insured Retentions. Any self-insured retentions must be declared to and approved by the City. If not approved, the City may request that the insurer reduce or eliminate such self-insured retentions with respect to City, its officers, officials, agents, employees and volunteers. Page 1 of 3 C. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions. 1. Commercial General Liability a. The City, its officers, officials, agents, employees and volunteers are to be named as additional insureds with respect to liability arising out of: activities performed by or on behalf of GPEC, including the City's general supervision of GPEC; products and completed operations of GPEC; and automobiles owned, leased, hired or borrowed by GPEC. b. GPEC's insurance shall include broad form contractual liability coverage. c. The City, its officers, officials, agents, employees and volunteers shall be additional insureds to the full limits of liability purchased by GPEC, even if those limits of liability are in excess of those required by this Agreement. d GPEC's insurance coverage shall be pnmary insurance with respect to City, its officers, officials, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of GPEC's insurance and shall not contribute to it. e GPEC's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability f. Coverage provided by GPEC shall not be limited to the liability assumed under the indemnification provisions of this Agreement g The policies shall contain a waiver of subrogation against City, its officers, officials, agents, employees and volunteers for losses ansing from work performed by GPEC for the City. 2. Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all nghts of subrogation against City, its officers, officials, agents, employees and volunteers for any and all losses arising from work performed by the Contractor for the City. Page 2 of 3 D. Notice of Cancellation. Each insurance policy required by the insurance provisions of this Agreement shall provide the required coverage and shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) calendar days' prior written notice has been sent to City at the address provided herein for the giving of notice. Such notice shall be by certified mail, return receipt requested E. Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the State of Anzona and with a "Best's" rating of not less than A- VII City in no way warrants that the above required mimmum insurer rating is sufficient to protect GPEC from potential insurer insolvency F. Verification of Coverage. GPEC shall furnish City with Certificates of Insurance (ACORD form or equivalent approved by City) and with original endorsements effecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Any policy endorsements that restrict or limit coverage shall be clearly noted on the Certificate of Insurance. All certificates and endorsements are to be received and approved by City before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project. All certificates of insurance required by this Agreement shall be sent directly to City at the address and in the manner provided in this Agreement for the giving of notice City's Agreement/Agreement number, GPEC's name and description of the Agreement shall be provided on the Certificates of Insurance. City reserves the nght to require complete certified copies of all insurance policies required by this Agreement, at any time. G. Approval. Dunng the term of this Agreement, no modification may be made to any of GPEC's insurance policies which will reduce the nature, scope or limits of coverage which were in effect and approved by the City prior to execution of this Agreement Page 3 of 3 Greater Phoenix ECONOMIC COUNCIL Investing in GPEC I City of Apache Junction Community Benefits Report The Greater Phoenix Economic Council (GPEC) is a performance-driven, public-private partnership GPEC partners with the City of Apache Junction, Maricopa County, 20 other communities and more than 160 private- sector investors to promote the region's competitive position and attract quality jobs that enable strategic economic growth and provide increased tax revenue for Apache Junction GPEC and our partners help Apache Junction Revenue Return (5-Yr Trend): 8:1 increase the quality and quantity of transactions in the Apache Junction Investment region by: Funding Request for FY14- $21,186 Marketing industry- (AZ Dept of Administration 2012 Population) • specific business cases to Previous Funding for FY13 $20,963 showcase our competitive (AZ Dept of Administration 2011 Population) advantages. • Expanding prospecting activities in California and other domestic markets. Driven Results The City of Apache Junction benefits from site location projects and • Securing international GPEC activities that occur across the region investment. • Economic development projects create value by generating public Capturing opportunities in and private revenues • emerging technology • Commute patterns and retail studies show that employees of around solar and `locates' live and spend their incomes in all Greater Phoenix healthcare. communities. Thus, when a company selects a Greater Phoenix location, all communities benefit with increased tax revenues • Connecting prospects with • 320 jobs region-wide' for Apache Junction residents from GPEC- local R&D expertise. assisted locates • Addressing gaps in the market such as speculative buildings, Return on Investment(5-Yr Trend) technology parks and accelerators, and venture • $8 of direct revenue2 for every$1 invested. capital • $15 of total revenue'for every$1 invested This report summarizes the • $11.6 million in new consumer spending' generated by new significant benefits and return Apache Junction jobs and employed Apache Junction residents. An on investment GPEC delivers addition of$11 million created by multiplier effects, results in total to the City of Apache Junction consumer spending of$22.6 million and this region. • $771,714 in new Apache Junction direct revenues'(boosted to $1.4 million when including related multiplier effects of$673,744). 'Revenue estimates are from the Greater Phoenix Consensus Impact Model In 1999, GPEC and our members developed the region's first-ever consensus-based revenue and economic impact model Based on nationally accepted multiplier data provided by IMPLAN,the model is customized to calculate economic and revenue benefits for GPEC's members and the State of Arizona 'Includes property sales and utility taxes,as well as state-shared and other local revenues 'Includes direct revenues plus those generated by related supplier and consumer jobs 2 NORTH CENTRAL AVE SUITE 2500 PHOENIX,AZ 85004 602 256 7700 www gpec.org Regional Results Summary FY13* FY12 5 Year Total Payroll Generated $348 9M $165.2M $865M Jobs 5,823 3,978 20,544 High-wage Jobs 2,365 1,186 9,318 Average Salary $42,905 $41,533 $42,107 Qualified Prospects 177 199 972 Earned Media Reach 674 4M 231.5M 1.6 B ,^ Assisted Locates 27 35 127 Capital Investment $426 6M $670 OM $2 1 B *Through June 5, 2013 Targeted Opportunities Apache Junction advances GPEC's mission of attracting quality companies to the region by • Responding to `E-Track' prospect requests • Participating in prospect community visits. • Hosting ExecuTours, tailored events for high-level decision-makers • Prospecting at trade shows, conferences and sales missions to expand the project pipeline Competitive Intelligence GPEC offers Apache Junction access to unique tools and expertise • Comprehensive demographic, labor, targeted industry information and marketing assistance • CoStar real estate database • MetroComp operating cost-comparison software for 50 markets • Community Building Consortium • Greater Phoenix Consensus Impact Model analysis Community Leadership Leadership is critical to ensuring the success of your community, GPEC and the region's economic vitality. Engagement Opportunity Apache Junction Involvement GPEC Board of Directors Jeff Serdy Economic Development Directors Team (EDDT) Janine Solley GPEC Next Operating as a more comprehensive and innovative practice, GPEC Next pursues opportunities with greatest potential for the region through deeper collaboration with our stakeholders, communities and partners. By integrating international attraction and an emerging technologies focus with GPEC's core domestic competency, we will satisfy the market's needs for a stronger, better, proactive regional economic development organization GPEC Next will achieve a thorough understanding of our competitiveness, realize a streamlined, direct-selling approach to competitor and global markets, and make dynamic improvements to the region's business climate 2 NORTH CENTRAL AVE SUITE 2500 PHOENIX,AZ 85004 602 256 7700 www.gpec.org ''�y �'- : City of Apache Junction, Arizona 300E Superstition ,•„ a g, Boulevard f,,_ 1 `i Apache Junction,AZ 85119 AJt��t', Master File Number. 13-103 File ID. 13-103 Type. Report/Update Status. Agenda Items Version: 2 Reference: In Control. City Council Work Session .•. Cost. File Created. 06/06/2013 File Name. Lost Dutchman's Monument Final Action. Title Presentation and discussion with Don's club board president, Greg Davis relating to history and future of Lost Dutchman's Monument, including but not limited to, additional historical monument signage, enhanced lighting and structural protection measures The Lost Dutchman Monument, located adjacent to the Focal Point, was erected in 1938 Since that time, its condition has deteriorated somewhat and it is in need of protection from vandalism and the elements Council member Serdy is interested in exploring its preservation, to include among other things, historical monument signage, enhanced lighting, and structural protection measures Presentation and discussion. Notes Agenda Date• 06/17/2013 Indexes: Sponsors. Councilmember Serdy Enactment Date. Attachments. Enactment Number: Contact. Hearing Date. Drafter• mdrake@ajcity net Effective Date. History of Legislative File Ver Acting Body Date Action Sent To Due Date Return Result Sion Date 2 City Council Work 06/17/2013 Session Text of Legislative File 13-103 Presentation and discussion with Don's club board president, Greg Davis relating to history and future of Lost Dutchman's Monument, including but not limited to, additional historical monument signage, enhanced lighting and structural protection measures The Lost Dutchman Monument, located adjacent to the Focal Point, was erected in 1938 Since that time, its condition has deteriorated somewhat and it is in need of protection from vandalism and the elements Council member Serdy is interested in exploring its preservation, to include among other things, historical monument signage, enhanced lighting, and structural protection City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 A.M. Master Continued(13-103) measures Presentation and discussion p p City of Apache Junction,Arizona Page 2 Printed on 6/1112013 Adam. Ay "{ r City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 • 1���3�J Master File Number. 13-090 File ID. 13-090 Type• Report/Update Status. Agenda Items Version. 1 Reference. In Control. City Council Work Session Cost• File Created. 06/05/2013 File Name. Focal Point Lighting Modifications Final Action: Title Presentation and discussion on proposed lighting modifications at the Focal Point Presentation and discussion. Notes. Agenda Date. 06/17/2013 Indexes: Community Development Sponsors. Blake Enactment Date: Attachments. Enactment Number. Contact. Hearing Date. Drafter mbusby@ajcity net Effective Date History of Legislative File Ver Acting Body* Date Action Sent To. Due Date Return Result slop Date 1 City Council Work 06/17/2013 IOWSession Text of Legislative File 13-090 Presentation and discussion on proposed lighting modifications at the Focal Point Presentation and discussion. Staff will update the city council on the proposed lighting modifications at the Focal Point City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 rr City of Apache Junction, Arizona 300 E Superstition Boulevard =' ' Apache Junction,AZ 85119 �1� � ° Master File Number 13-098 File ID 13-098 Type Ordinance Status. Agenda Items Version. 1 Reference. In Control. City Council Work Session Cost. File Created 06/06/2013 File Name Special Events Final Action. Title. Presentation and discussion on Ordinance No 1391, amending City Code Chapter 8, Events, Article 8-8, Licensing Requirements for Special, Community and Private Events Presentation and discussion. Notes. Agenda Date. 06/17/2013 Indexes. Communication Outreach Sponsors. Brenner Enactment Date. Attachments SPEC IALEVENTStaffReportProcessReorganizationJ Enactment Number. UNE2013, SPECIALEVENTSingle Special Event Permit Application Draft-Janine, SPECIALEVENTSJoelRevised Chapter 8-8 Special Events Contact. Hearing Date: Drafter. pbrenner@ajcity net Effective Date. History of Legislative File Ver- Acting Body Date Action: Sent To. Due Date Return Result sion Date. 1 City Council Work 06/17/2013 Session Text of Legislative File 13-098 Presentation and discussion on Ordinance No 1391, amending City Code Chapter 8, Events, Article 8-8, Licensing Requirements for Special, Community and Private Events Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 ( ACH f GAO rik2 MEMORANDUM Date. June 6, 2013 To: Mayor and Council From: Patrick Brenner— Community Relations Manager Subject: Staff Report— Special/Other Event Process Reorganization and Ordinance Discussion of Ordinance No. 1391 Amending City Code Chapter 8 Regarding Special Events. EVENT. An activity or gathering which meets any of the following criteria. 1 Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-way area (which includes any indirect impact that will affect the flow of typical vehicular or pedestrian traffic) 2. Is likely to draw a crowd to a venue not properly suited and has the potential to require special accommodations, regulations, traffic control devices or public service personnel. 3. Presence or participation of any for-profit or non-profit vendor that intends to make a sale, advertise for sale, solicit sales, offer for sale, distribute business/organizational information, or provides a service or offer/advertise to provide a service and is not already properly licensed to do so by the City of Apache Junction. 4 Will require the approval of two or more City department for inspections, assistance or permits. Direction to Staff from February 5, 2013 Regular Session 1) REDEFINE AS NECESSARY THE TERMS SPECIAL, COMMUNITY AND PRIVATE EVENTS AS THEY APPEAR IN THE CITY CODE IN ORDER TO CLARIFY AND SIMPLIFY THE EVENTS PROCESS, 2) CLARIFY THE PROCESS AND ESTABLISH CRITERIA AND QUALIFYING CONDITIONS THAT WOULD REQUIRE AN EVENT PERMIT, INCLUDING BUT NOT LIMITED TO, PRESENCE OF VENDORS, TAXABLE ACTIVITIES, ALCOHOL SALES AND ISSUES INVOLVING PUBLIC HEALTH AND SAFETY; 3) CREATE A SINGLE, UNIFORM APPLICATION PROCESS THAT CAN BE USED FOR ALL EVENTS INCLUDING A SEPARATE LIST OF CITY RESOURCES AND/OR SERVICES THAT ARE AVAILABLE FOR AN ADDITIONAL FEE SHOULD THE EVENT APPLICANT WISH TO DO SO. THIS EVENT APPLICATION PROCESS WILL NOT BE A SUBSTITUTION FOR A TAX LICENSE AND OTHER LICENSE REQUIREMENTS AS OUTLINED IN THE CITY CODE CHAPTER 8 AND THE CITY TAX CODE, 4) CREATE A PROCESS UTILIZING A "SINGLE POINT OF CONTACT" THROUGH WHICH THE EVENT APPLICANT DEALS WITH ONE PERSON ON CITY STAFF AND THIS STAFF PERSON IS RESPONSIBLE FOR THE SEAMLESS COORDINATION OF CITY DEPARTMENTS AND THE FIRE DISTRICT WHEN AN EVENT PERMIT IS REQUIRED, 5) PURSUE TECHNOLOGY THAT WOULD ALLOW AN ONLINE "SPECIAL EVENTS WIZARD" OR SIMILAR PROGRAM THAT WOULD ENABLE EVENT APPLICANTS TO USE THIS ONLINE TOOL TO DETERMINE IF AN EVENT PERMIT IS NEEDED; AND 6) RETURN AT A FUTURE DATE WITH FURTHER DISCUSSION AND RECOMMENDATIONS ON FEES FOR TEMPORARY EVENT-RELATED LICENSES BASED ON WHAT IS ALLOWED BY APPLICABLE STATE LAW AND THE MODEL CITY TAX CODE PENDING CHANGES IN THIS AREA DURING THE CURRENT LEGISLATIVE SESSION Staff has developed the following regarding above direction. Direction 1. City Attorney's Office Attachment Article 8-8 Direction 2. City Attorney's Office Attachment Article 8-8 Direction 3. Revised uniform application process is being developed in conjunction with City Clerk's Office. Direction 4. Single Point of Contact has been determined Process is under review Direction 5. Community Relations Office (Matt McNulty) has integrated a "Special Event Wizard" for use with CivicPlus. To visit go here www ajcity net/eventwizard Direction 6. To be determined. py ACHE O COW Of z A .RIZONP Patrick Brenner City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 SPECIAL EVENT APPLICATION GENERAL INFORMATION Primary/Sponsoring Organization: Is the sponsor a non-profit organization Yes_ No_ Does the primary/sponsoring organization have an active City of Apache Junction License? Yes License No. No Event Name: Annual Event Yes No Years Date(s) of Event Start time am/pm End time• am/pm Set-up time. am/pm Take down time- am/pm Event Location: Responsible Party Email: Home Phone: Cell Phone- Other Phone: Mailing Address. City: State: Zip Insurance* Amount$ Policy# Insurance Co (*A certificate of insurance listing the City of Apache Junction as an additional insured is required if any part of the event will be held on public property.) 1 SPONSORS/BENEFICIARIES Will the event be benefiting a non-profit organization? Yes_ No_ If yes, benefiting non-profit organization*. (*Proof of non-profit status must be submitted with the application) In what capacity will the organization be benefiting(please be specific): ,p If there are multiple event sponsors, please list and indicate their contribution EVENT DESCRIPTION—Please check all that apply Carnival _Festival _Rodeo _Other Circus _Food Fair —Run (Marathon, Sk, etc.) _Concert _Fund Raiser _School Event Concessions _Large Picnic _Tournament Craft/Art Fair _League _Exhibition _Parade Number of Vendors/Booths Expected total Attendance Peak Attendance: Detailed description of event(please be specific and attach additional pages if needed). EVENT ACTIVITIES—Please check all that apply _Amplified music/name of DJ Live Entertainment/Name of Band(s) Carnival Rides/Name of Company 2 —Moonwalk or Inflatable(s)/Name of Company Petting Zoo/Name of Company —Signs/Banners(explain) Parade, run,or other event utilizing City streets Craft Vendor(s)* —Commercial activity* Non-profit* Food Vendor(s)* ** *Any vendor who does not have a current City business license must contact the City Business License office at(480)474-5070 **All vendors must meet all Pinal County Health Codes For info call 480 982-0230 Is the event open to the public? Yes— No_ Are fees charged for this event? Yes_ No If yes, how much $ FACILITIES—EQUIPMENT—SERVICES Will your event take place at a City facility or on City property(including any public streets or public rights-of-way)? Yes— No If yes,what City facilities are you requesting/using? Will you be requesting City equipment for the event? (Please specify from list of"available resources"): Equipment Pick-up• date time am/pm Drop off. date time Will you be requesting City services for the event? (Please specify from list of"available resources") 3 - .... EVENT PLANNING EVENT SITE PLAN—only required if NOT at a City facility Please indicate streets,entrance and exits, parking areas, emergency access,tent locations, alcohol and/or food area, music/di N W E S Security/Safety: Please list your plans for security at the event Please list your plans for medical services/first aid Sanitation. Please list your plans for clean up during and after the event Please list your plans for restrooms 4 Electrical/Water Please list your plans for electricity and water hookups Parking- Please list your plans for parking or shuttle services. A... Alcohol* Will there be alcohol at the event? If yes, please describe. *A 45-50 day notice may be required for the City Clerk's Office if an extension of premises is being requested A Malt Beverage Permit is required for events with groups of 7 or larger if being held at a City facility. If alcohol is being sold, a valid state liquor license is required PM-10 Dust Control What are your plans to control dust for the event? VENDORS Please list all vendors participating with the event and their current City of Apache Junction License number(required*) Lic# Lic# Lic# Lic# Lic# Lic# *Vendors who do not have a valid Apache Junction license must contact the City of Apache Junction Business License office at(480)474-5070 prior to the event or no later than seven days after the conclusion of the event 5 OFFICE USE ONLY. _keys _city business license _electricity _certificate of liability insurance _water(water key) _health permit Sanitation/trash containers _other event security Event Fee _malt permit Department sign-off(initials/date): _Public Safety __Planning&Zoning _City Clerk __Fire Public Works Other Park Rules/Park Hours Sunrise—10:30pm Patrons of any public facility may not. • Allow any pet to be off a leash • Allow any pet on the ball fields or • Fail to clean up your pets waste • Bring horses into any developed areas of the park including turf, landscaped, land paved areas • Litter or discard trash • Hit golf balls or shoot arrows • Operate motorized skateboards . •. • Have any motorized vehicle anywhere except on roads or parking areas without special permission • Use model planes or cars without permission • Possess any glass beverage container • Advertise or solicit goods or services • Possess or consume spirituous liquor, or wine (beer is allowed without a permit for groups up to six persons For groups of seven persons or more a malt beverage permit must be secured from the Parks & Rec office in advance. • Camping overnight without permission • Climb any fencing,trees, or structures other than playground equipment designed for that purpose • Vandalize or remove park property or wildlife • Do anything that could endanger the park patrons or damage park property 6 ...... To report any violations of the above, please contact 480 983-2181 during normal business hours M-Th 7 00am—6.00pm. Any other times contact the Police Department at 480 982-8260 SPECIAL NOTE Convicted violators of these park rules may be fined up to $2500 and/or imprisoned up to six months Permittee agrees to comply with all federal, state and municipal laws, rules, ordinances, regulations and orders with respect to the use of facilities and occupancy thereof Permittee,during the terms of this permit, covenants and agrees to indemnify and hold harmless owners from each and every loss, cost, .•bk damage and expense arising out of any occurrence causing injury or death of persons of damage to property due to conditions of the leased premises or the use of neglect thereof by permittee Permittee further agrees to provide, pay for and maintain public liability insurance with both owner and permittee named as the insured Permittee agrees that it will pay for any unusual wear,tear, breakage or damage to facility occurring from the public or principals representing the permittee Subsequent to use of the facility, maintenance staff will inspect the premises to determine that no unusual wear,tear, breakage or damage was done. Should an inspection reveal damages, permittee shall reimburse the lessor for full costs necessary to restore facility to its condition prior to use by permittee. The City reserves the right to refund payments made in advance for the rental of any facility, should the City decide the performance is not in the best interests,and cancel the use of the facility on the date or dates specified in this permit License office fees are non-refundable nor transferable. Refunds/credits are available only for rentals of City facilities that are cancelled due to weather or unforeseen circumstances All rentals must be cancelled at least a week prior to event to receive a 90%refund on fees paid A complete Refund Request form must be submitted to the Parks& Recreation Administrative office no less than one week prior to the cancellation to be considered If a refund is given, a check will be mailed within 10-14 days after request has been submitted. Deposit is refundable if the area reserved is clean, nothing is damaged and in the same condition as found. Deposit may be retained by the City if the above criteria is not met. I certify that the statements made in this application are true and complete to the best of my knowledge I understand that the granting of this application does not relieve me from complying with the provisions of any applicable City Code. Signature. Date: Fee Amount$ Credit Card Auth/Check No/Cash Receipt No. 7 ,ate DRAFT 4-4-13 Apache Junction, AZ Code of Ordinances ARTICLE 8-8: LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS Section 8-8-1 Definitions 8-8-2 Special event sponsor requirements 8-8-3 Special event vendor requirements 8-8-4 Community event sponsor requirements 8-8-5 Community event vendor requirements 8-8-6 Private event sponsor requirements 8-8-7 Private event vendor requirements § 8-8-1 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning COMMUNITY EVENT. An event not exceeding 4 consecutive days in any calendar year which is conducted, organized and sponsored solely by non-profit organizations and is open to all participants on an equal basis The COMMUNITY EVENT shall have the purpose of promoting or benefittmg the city and its residents and/or the sponsoring non-profit organizations. The COMMUNITY EVENT does not preclude having for-profit financial sponsors who receive name or title recognition Non-profit organizations shall not lend their name or non-profit status to any entity or organization, for-profit or otherwise, in order to meet the requirements of a COMMUNITY EVENT NON-PROFIT ORGANIZATION. Any religious, social, fraternal or civic organization which has been designated as a 501C organization by the Internal Revenue Service and which has a valid operating license as provided for in Vol. I, § 8-2-1(C) Should questions as to form of business arise, interpretations of this section shall be based upon form indicia contained in the following Arizona Revised Statutes; Internal Revenue Code Rules and Regulations prescribed by the Internal Revenue Service PRIVATE EVENT. An event not exceeding 4 consecutive days in any calendar year which is conducted and sponsored by for-profit organmations, agencies or businesses. Those events may include non-profit organizations as cosponsors and/&._ participants Non-profit organizations s_ _1l not lend their name or non- profit status to any entity or organization, for-profit or otherwise, in order to meet the requirements of a PRIVATE EVENT SPECIAL EVENT. An event not exceeding 4 consecutive days in any calendar year which is conducted, organized and sponsored solely by non-profit organizations, has been approved as such by the Council during the annual budget process and which is open to all participants on an equal basis. The SPECIAL EVENT shall have the purpose of promoting or benefitting the city and its residents and/or the sponsoring non-profit organizations The SPECIAL EVENT does not preclude having for-profit financial sponsors who receive name or title recognition. Non-profit organizations shall not lend their name or non-profit status to any entity or organization, for-profit or otherwise, in order to meet the requirements of a Special Event. EVENT: An activity or gathering which meets any of the following criteria: 1. Use of or impact/encroachment on any city street, sidewalk, alley or other right-of-way area(which includes any indirect impact that will affect the flow of typical vehicular or pedestrian traffic). 2. Is likely to draw a crowd to a venue not properly suited and has the potential to require special accommodations, regulations, traffic control devices or public service personnel. 3. Presence or participation of any for-profit or non-profit vendor that intends to make a sale, advertise for sale, solicit sales, offer for sale, distribute business/organizational information, or provides a service or offer/advertise to provide a service and is not already properly licensed to do so by the City of Apache Junction. 4. Will require the approval of two or more City department for inspections, assistance or permits. (Am Ord 1296, passed 5-1-2007) § 8-8-2 SPECIAL EVENT SPONSOR REQUIREMENTS. (A) The sponsor of any Special Event which includes vendors shall pay a fee of$50 per day. This fee .. shall be paid no later than 10 working days in advance of the first day of the event A penalty of$5 per day shall be assessed for each working day the initial payment is late beginning with the working day immediately following the initial deadline The Special Event fee shall not apply to those events which do not include vendors. (B) The sponsor of any Special Event shall provide the City Clerk with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event (C) The sponsor of any Special Event shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and shall provide the city with these completed forms in addition to a complete list containing name, address and telephone number of each participating vendor no later than 7 working days following the last day of the event. (Am. Ord. 1296, passed 5-1-2007) Isok § 8-8-3 SPECIAL EVENT VENDOR REQUIREMENTS. (A) All Special Event vendors who engage or attempt to engage in a sale at a Special Event or who shall advertise or solicit services or products shall complete a Special Event vendor application in order to participate in the event The completed form shall be submitted to the event sponsor. (B) Non-profit organizations who participate as vendors at Special Events shall not be required to complete a Special Event application if their participation is limited to the distribution of literature or information relative to their organization. (C) Massage therapists who wish to participate as a vendor at a Special Event shall be permitted to do so provided there is no charge for the service and that such service is provided in conjunction with a person holding a valid city business license and authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture (Am. Ord. 1296, passed 5-1-2007) § 8-8-4 COMMUNITY EVENT SPONSOR REQUIREMENTS. (A) The sponsor of any Community Event which includes vendors shall remit to the city a fee of$15 per vendor for each event. The sponsor shall be responsible for collecting this fee from each participating vendor These fees shall be paid in total to the city no later than 7 working days following the last day of the event. A penalty of$5 per day shall be assessed for each working day that the total fee remains unpaid (B) The sponsor of any Community Event shall provide the City Clerk Department with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event. (C) The sponsor of any Community Event shall obtain a completed vendor application on a form to be provided by the city, from each participating vendor and shall provide the city with these completed forms in addition to a complete list containing the name, address and telephone number of each participating vendor no later than 7 working days following the last day of the event. (D) The sponsor of any Community Event shall contact the Zoning Administrator to obtain any necessary zoning approval for the event. (Am. Ord 1296, passed 5-1-2007) § 8-8-5 COMMUNITY EVENT VENDOR REQUIREMENTS. (A) All Community Event vendors who engage or attempt to engage in a retail sale or who solicit or advertise in any form at a Community Event shall complete a Special Event vendor application in order to participate in the event. The completed form shall be submitted to the event sponsor. (B) Non-profit organizations who participate as vendors at Community Events shall not be required to complete a Community Event application if their participation is limited to the distribution of literature or information relative to their organization (C) Vendors who have an awropriate license shall not be required t'^iy an additional vendor fee provided they are engaging in at, :tivity covered by the license (D) Massage therapists who wish to participate as a vendor at a Special Event shall be permitted to do so provided there is no charge for the service and that such service is provided in conjunction with a person holding a valid city business license and who is authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture. (Am. Ord 1296, passed 5-1-2007) § 8-8-6 PRIVATE EVENT SPONSOR REQUIREMENTS. (A) The sponsor of a Private Event shall pay a fee of$150 per day This fee shall be paid no later than 10 working days in advance of the first day of the event. A penalty of$15 shall be assessed for each working day the initial payment is late beginning with the working day immediately following the initial deadline. (B) The sponsor of a Private Event shall remit to the city a fee of$50 per vendor for each event The sponsor shall be responsible for collecting this fee from each participating vendor. These fees shall be paid in total to the city no later than seven working days following the last day of the event (C) The sponsor of a Private Event shall provide the City Clerk Department with the name, address and telephone number of the event coordinator or contact person at least 30 working days in advance of the event. (D) The sponsor of any Private Event shall obtain a completed vendor application, on a form to be provided by the city, from each participating vendor and shall provide the city with these completed forms in addition to a complete list containing the name, address and telephone number of each participating vendor no later than 7 working days following the last day of the event (E) The sponsor of any Private Event shall contact the Zoning Administrator to obtain any necessary zoning approval for the event. (Am. Ord. 1296, passed 5-1-2007) § 8-8-7 PRIVATE EVENT VENDOR REQUIREMENTS. (A) All Private Event vendors who engage or attempt to engage in a sale at a Private Event shall complete a Private Event vendor application in order to participate in the event. The completed form shall be submitted to the event sponsor (B) Non-profit organizations who participate as vendors at private events shall not be required to complete a Private Event application if their participation is limited to the distribution of literature or information relative to their organization. (C) Vendors who have an appropriate license shall not be required to pay any additional vendor fee provided they are engaging in an activity covered by the license. (D) Massage therapists who wish to participate at a Special Event shall be permitted to do so provided there is no charge for the service and that such service is provided in authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture ���- ` City of Apache Junction, Arizona 300E Superstition Boulevard " Apache Junction,AZ 85119 Master File Number. 13-109 File ID 13-109 Type: Ordinance Status. Agenda Items Version. 1 Reference In Control. City Council Work Session Cost- File Created- 06/10/2013 File Name. 2013 Personnel Rules Final Action. Title. Presentation and discussion on proposed changes to the City of Apache Junction Personnel Rules 2013. Presentation and discussion. Notes. Agenda Date. 06/17/2013 Indexes. City Internal Issue Sponsors. Riley Enactment Date. Attachments• 2013 Memo to CC re personnel rules pdf, 2013 Enactment Number. Personnel Rules pdf Contact. Hearing Date. Drafter• amccray@aicity net Effective Date. History of Legislative File Ver Acting Body. Date Action Sent To Due Date: Return Result. sion Date: 1 City Council Work 06/17/2013 .•. Session Text of Legislative File 13-109 Presentation and discussion on proposed changes to the City of Apache Junction Personnel Rules 2013 Presentation and discussion City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 O�PQ ACHE✓G2 • Home of f the Superstition Mountains R►zONP To: The Honorable Mayor Insalaco and City Council Members Through: George Hoffman, City ManagerCdCty From: Elizabeth H. Riley, Director of Human Resources Date: June 10, 2013 �--� Subject: Personnel Rules, 2013 Revision The draft revised Personnel Rules presented to you removes the non-career status designation from the Director/Chief of Police position and thereby the Director/Chief of Police position is covered by the Personnel Rules,revises the discrimination and harassment Rule to be compliant with Federal employment law, and lengthens due dates for an appeal to a hearing officer, along with several language, grammar, and punctuation clarifications The significant changes are presented in a table further in this memo. In general the following changes are proposed. Examples of General Changes in the draft Rules. Date Change. 2012 to 2013 Table of Contents. clean-up General clean up of language,punctuation, grammar, and underlining and bold The significant proposed revisions are �1 Rule Section Strike- Revision Summary out page 1 4 8 Removes police chief as an example of General Applicability, non-career status Purpose, Enforcement, and Policy, and Interpretation of Objectives Personnel Rules •Voice(480)982-8002 •FAX(480)982-7018•TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 Rule Section Strikeout Revision Summary page 5 3 (D) 23 Removes police chief as an example of Appointments, Attainment of Status• non-career status Status, and Non-career Status Probation 12 1 (A), (C), and(D) 67/68 Changed format and revised definition of Policy against Policy Statement. discnmination, adding genetic information Discrimination Discrimination and clarified language Education Implementation 14 1 and 2 73 Clarified language on relationship to be Fraternization General Information defined as romantic or close personal Policy and Prohibitions 18 4 and 6 88/89 Increased time for filing statements and to Rules for Pre-Hearing quash a subpoena Hearings Statements before a Subpoenas Hearing Officer I am hopeful that presenting these items to you and allowing you to ask questions will provide a greater understanding of the proposed revisions. The proposed changes to the Policy against Discrimination and the Fraternization Policy are a result of consultation with Susan Grace, former Deputy Director of the Phoenix Division of the EEOC The language is updated and reflects current law and thinking. Action requested. Approval of the draft 2013 City of Apache Junction Personnel Rules as presented and/or with amended language. The Rules will be an agenda item on the June 17, 2013 Work Session and an agenda item at the July 2, 2013 Regular Council meeting. The draft revised Rules, in tracking mode, are attached to this memo along with the draft revised without tracking mode Attachments c• B Powell A Jackson J. Brooks •� PQACHEv 2 A f` O U 2 Iwo Cott' of Apache ,unctlon Personal Rules )i---, ( Deleted•�r;s UJ c5 L N_ 1 Apache Junction Personnel Rules 2013, Deleted.2 CITY OF APACHE JUNCTION PERSONNEL RULES RULE 1. GENERAL PURPOSE, POLICY,AND OBJECTIVES 7 Section 1 Purpose 7 Section 2. Policy 7 Section 3 Objectives 7 Section 4 Applicability, Enforcement, and Interpretation of Personnel Rules. 8 RULE 2. DEFINITION OF TERMS 9 Section 1 Allocation 9 Section 2 Anniversary Date 9 Section 3. Appointment. 9 Section 4 Career Status 9 Section 5 Class 9 Section 6. Classification Date 9 Section 7 Classification Plan 9 Section 8. Classified Service . . 10 Section 9 Compensatory Time. ..... .. 10 Section 10 Creditable Time 10 Section 11. Demotion 10 Section 12. Department Director. . . 10 Section 13 Dismissal/Termination 10 Section 14. Eligible List 10 Section 15 Employee . 11 Section 16 Human Resources Director 11 Section 17 Job Description 11 Section 18 Lay-off 11 Section 19 Non-classified Positions 11 Section 20 Overtime Hours 12 Section 21 Performance Report . . . 12 Section 22. Personnel Ordinance 12 Section 23. Position 12 Section 24 Probation Period 12 Section 25. Promotion 12 Section 27. Reemployment 13 Section 28 Reinstatement . . . . 13 Section 30 Sick Leave 13 Section 31. Suspension 13 Section 32 Transfer . . 13 Section 33 Unpaid Absence 13 2 Apache Junction Personnel Rules 1201,E (Deleted.2 Section 34. Vacation 13 Section 35 Written Reprimand . . 13 Section 36 Written Notice 14 Section 37. Work Period 14 RULE 3. GENERAL PROVISIONS 15 Section 1 Equal Employment Opportunity...... .. 15 Section 2. Loyalty Oaths 15 Section 3. Residency Requirements and Use of City Vehicle 15 Section 4 Compliance with the Immigration Reform and Control Act of 1986 16 Section 5 Affirmative Action .. .. . 16 Section 6. Ethics 16 Section 7 Safety 17 Section 8 Gratuities/Solicitations 17 Section 9 Outside Employment . .. 18 RULE 4. RECRUITMENT AND SELECTION 19 Section 1 Policy Statement 19 Section 2. Application Forms 19 Section 3 Recruitment and Selection Process 19 Section 4 Examination Results 19 Section 5. Eligible Lists 20 Section 6 Hiring of Relatives 20 RULE 5 APPOINTMENTS, STATUS,AND PROBATION 21 Section 1. Types of Positions 21 Section 2 Employee Status . 22 Section 3 Attainment of Status 22 Section 4. Probation 23 Section 5 Duration of Probation . .. 24 Section 6 Effect of Status on Employee Rights and Privileges 25 Section 7. Types of Appointments 26 Section 8 Reassignments . . . . 26 /'N. Section 9 Exempt and Nonexempt Personnel .. 27 RULE 6 CLASSIFICATION 28 Section 1 Adoption,Amendment, and Revision of Plan . 28 Section 2 Classification of Positions. 28 Section 3 Reclassification of Positions 28 Section 4 Creation,Abolishment and Reclassification of Positions 29 RULE 7 EMPLOYEE RECORDS . 30 Section 1. Policy 30 Section 2 Accessibility 30 Section 3 Contents of Personnel File . 30 Section 4 Status Changes 31 RULE 8 ATTENDANCE AND LEAVES 32 3 oak Apache Junction Personnel Rules I 2013 (Deleted.2 Section 1 Attendance . . 32 Section 2. Vacation Leave .32 Section 3 Sick Leave 33 Section 4 Workers' Compensation . 36 Section 5. Military Leave 36 Section 6 Leave of Absence without Pay 37 Section 7 Leave with Pay 38 Section 8. Jury Leave... . ... . 38 Section 9 Subpoena Leave 38 Section 10. Administrative Leave 38 Section 11 Bereavement Leave 39 Section 12 Holidays 40 Section 13 Birthday Leave 41 Section 14 Rest Periods 41 Section 15 Family and Medical Leave Policy 42 RULE 9 OVERTIME 49 Section 1 Policy 49 Section 2 Exempt and Non-covered Employees 49 Section 3. Work Period .. 50 Section 4 Overtime Accrual 50 Section 5 Hours Worked 50 Section 6. Calculation of Overtime 53 Section 7 Compensatory Time in Lieu of Paid Overtime ... 53 Section 8 Payment of Compensatory Time at Termination of Employment 54 Section 9. Substitution of Work Hours between Employees 54 Section 10 Travel Time . . 55 RULE 10 PERFORMANCE REPORT 56 Section 1. Purpose . . . 56 Section 2 Performance Reporting Requirement during Probation 56 Section 3. Performance Reporting Requirements Following End of Probation56 Section 4 Unsatisfactory Ratings 57 Section 5 Grievance and Appeals Relating to Performance Reports 57 Section 6. Procedure when Anticipated Rating will be Unsatisfactory . ....57 Section 7 Salary Increase 57 RULE 11 DRUG-FREE WORKPLACE POLICY 58 Section 1 Purpose 58 Section 2 Policy Statement 58 Section 3 Definitions 58 Section 4. Over-the-counter or Prescribed Medications 59 Section 5. Applicants and Employees Subject to Testing 60 Section 6 Policy Violation 62 Section 7 Effect of Failure to Comply with Policy 62 Section 8. Employee and Applicant Consent Form . 62 Section 9 Rehabilitation . 62 4 Apache Junction Personnel Rules 2013 (Deleted.2 Section 10 Searches ... .... ..... ... ...63 Section 11 Confidentiality .. . ..... ..... .... 63 Section 12 Employee Responsibilities ... 63 Section 13 Management Responsibilities. ...... .... ..64 Section 14 Drug and Alcohol Testing Methodology ... 65 Section 15 Procedures ... .. . . ...... .... 65 Section 16. Commercial Driver's License Holders ..66 RULE 12 POLICY AGAINST DISCRIMINATION 67 Section 1 Policy Statement. . • 67 Section 2 Initiating a Discrimination or Sexual Harassment Complaint 69 Section 3 Investigation Procedure ... . .... . ... . 70 Section 4 Discipline . ...... .... .. 70 Section 5 Reprisals Prohibited . . .... 71 RULE 13 POLICY AGAINST VIOLENCE IN THE WORKPLACE . . 72 Section 1 Policy Statement. .. 72 Section 2. Prohibitions . .... . .... . .. ... ••72 Section 3 Applicability 72 Section 4 Initiating a Complaint Involving Violence in the Work Place ... 72 RULE 14. FRATERNIZATION POLICY. .. 73 Section 1. General Information ... . 73 Section 2 Policy . .. ... .. . ...... . . 73 Section 3. Reporting Requirements ... ..73 RULE 15 POLITICAL ACTIVITIES .. ..74 RULE 15 POLITICAL ACTIVITIES . .. 74 Section 1 Purpose .... ..... 74 Section 2. Policy Statement .. 74 Section 3 City Council Elections . ... .. ...... .... 74 Section 4. Other Candidate Elections . .. 75 Section 5. Retaliation Prohibited ... .... ....... 76 Section 6 Other Permitted Activity 76 Section 7. Protection of Civil Liberties.. .77 RULE 16. DISCIPLINE ... ..78 Section 1 Disciplinary Actions . ... ... 78 Section 2. Grounds for Discipline.... ... 78 Section 3 Written Reprimands ... ... 79 Section 4 Pre-Disciplinary Meeting .. ...... . 80 Section 5. Notices of Suspension, Demotion, or Termination ..81 Section 6.Taking Disciplinary Action ... 82 Section 7 Effect of Technical Omissions ... . ... 82 RULE 17 GRIEVANCE AND APPEAL PROCEDURES . . 83 Section 1 Purpose of Grievance and Appeal Procedures .. 83 5 Ask Apache Junction Personnel Rules 2013 (Deleted 2 Section 2. General 84 Section 3 Prohibited Grievances and Appeals 85I Deleted Rule t General Purpose,Policy, Section 4 Grievance Procedure . 85 and objectives 79 Section 5. Time Computation ...86 Section 1. Purpose 79 Section 2. Policy 711 Section 6 Appeal Procedure 87 Section 3. Objectives 7n Section 7 Time Extension . 87 Section 4. Applicability.Enforcement,and Interpretation of Personnel Rules 711 RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER 88 Rule 2. Definition of Terms 99 Section 1. Allocation 911 Section 1 Hearinq Officer 88 Section 2. Anniversary Date 911 Section 3. Appointment 911 Section 2 Right of Appeal 88 Section4. Career Status 911 Section 3 Time of Hearing. . . 88 Section 5. Class 911 Section 6. Classification Date 99 Section 4 Pre-Hearing Statements 88 Section 7. Classification Plan 911 Section 5 Pre-Hearing Conference 89 Section 8. Classified Service1011 Section 9. CompemoCompensatoryT Time 1011 Section 6 Subpoenas . .. .. 89 Section 10. Creditable Time 101 Section 11. De Section 7 Continuances 90 Demotion ton Section 12. Department Director 109 Section 8 Appeal Hearings 90 Section 13. Dismissal/Termination 1011 Section 14. Eligible List 1011 RULE 19. SEPARATION OTHER THAN DISMISSAL 93 Section 15. Employee 119 Section 16. Human Resources Director 1111 Section 1 Layoff • 93 Section 17. Job Description 1111 Section 18. Lay-off 1111 Section 2 Resignation 94 Section 19. Non-classified Service 1111 Section 20. Overtime Hours 1111 Section 21. Performance Report 1211 Section 22. Personnel Ordinance 129 Section 23. Position 1211 Section 24. Probation Period 129 Section 25. Promotion 1211 Section 27. Reemployment 129 Section 28. Reinstatement 129 Section 30. Sick Leave 139 Section 31. Suspension 1311 Section 32. Transfer 1311 Section 33. Unpaid Absence 1311 Section 34. Vacation 139 Section 35. Written Reprimand 1311 Section 36. Written Notice 1311 Section 37. Work Period 1311 Rule 3. General Provisions 149 Section 1. Egual Employment Opportunity 149 Section 2. Loyalty Oaths 149 000` Section 3. Residency Requirements and Use of city Vehicle 1411 Section 4. Compliance with the Immigration Reform and Control Act of 1986 1511 Section 5. Affirmative Action 151 Section 6. Ethics 159 Section 7. Safety 1611 Section 8. Gratuities/Solicitations 169 Section 9. Outside Employment 1711 Rule 4. Recruitment and Selection 1811 Section 1. Policy Statement 1811 Section 2. Application Forms 1811 Section 3. Recruitment and Selection Process 181 Section 4. Examination Results 189 Section 5. Eligible Lists 1911 Section 6. Hiring of Relatives 199 Rule 5. Appointments,Status,and Probation 2011 Section 1. Types of Positions 201 Section 2. Employee Status 219 Section 3. Attainment of Status 219 6 Apache Junction Personnel Rules 12013 (Deleted'2 Rule 1. General Purpose, Policy, and Objectives Formatted*Normal Section 1 Purpose To establish Personnel Rules for the City of Apache Junction Section 2. Policy IFormatted.Normal The Personnel Rules are enacted to meet the following goals 1 To provide a uniform system of personnel administration, 2. To promote communication among department directors, supervisory staff, and employees, 3. To ensure, protect and clarify the rights and responsibilities of employees Section 3 Objectives These Rules are enacted to ensure the following. 1 That recruitment and selection for classified service positions are competitive with final appointment predicated on job-related knowledge, ability, skills and qualifications, 2 That classifications reflect the responsibility and difficulty of the work, I Deleted. 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 7 Apache Junction Personnel Rules 2013 (Deleted 2 ) Deleted.¶ ,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 (Deleted.police chief judge are not career status employees The Human Resources Director is responsible for the interpretation and enforcement of the personnel rules In the event the Mayor declares a City emergency/disaster, parts or all of these Rules may be suspended and temporary operating procedures may be established in their place The City of Apache Junction Fray modify its practices as appropriate upon Deleted will knowledge of an amendment or enactment of a law that may pertain to employment 8 Apache Junction Personnel Rules I 2013 (Deleted.2 Rule 2. Definition of Terms The following terms,whenever used in the rules, shall be defined as follows Section 1. Allocation The assignment of a position to its proper class in accordance with the duties performed and the authority and responsibilities exercised This is synonymous with the term classification Section 2. Anniversary Date Annual reoccurrence of the date on which an employee was hired. Section 3 Appointment The act of filling a position Section 4. Career Status Employees who serve a probationary period and are not temporary, seasonal, intermittent, part time 19 hours or less, or contractual Section 5 Class A position or group of positions sufficiently similar in duties and responsibilities that the same or similar requirements for education, experience, knowledge, ability, and other qualifications may be required so that the same compensation schedule can be applied Section 6. Classification Date Annual reoccurrence of the date on which an employee was appointed to a title Section 7 Classification Plan The arrangement of positions under separate and distinct classes (Deleted orderly J 9 Apache Junction Personnel Rules 2013 (Deleted.2 Section 8. Classified Service All positions in the City service except for those positions in the non- classified service,examples of non-classified positions are. city manager, city attorney, presiding magistrate, director/chief of police„city council (Deleted• police chief members, and mayor, and contractual positions Section 9. Compensatory Time Those hours worked in excess of the established number of hours for the established work period and accrued, rather than compensated as overtime, in the employee's compensatory bank to be used for authorized time off Section 10. Creditable Time That period of service during which sick leave and vacation time accrue Section 11. Demotion The appointment of an employee from a position in one class to a position in another class assigned a lower salary group Section 12 Department Director Those officers or employees who are appointed and/or employed as the principal employee of a department or stand alone division for the discharge of duties provided by law or of a particular delegated function as indicated on the organizational chart Section 13. Dismissal/Termination An employee's separation from employment for cause. Section 14. Eligible List A list of names of persons who have applied for employment in the classified service and who have qualified for consideration by demonstrating their fitness for such employment. 10 Apache Junction Personnel Rules 2013 (Deleted.2 Section 15. Employee A person who is paid a wage, salary, or stipend from public monies in ,_ accordance with official entries on the City payroll except for City Council members Section 16 Human Resources Director The Human Resources Director administers the provisions of the Personnel Rules and City policies affecting employees not specifically reserved to the City Council, the City Manager, or the Hearing Officer. The Human Resources Director is responsible for the administration of the merit system This includes, but is not limited to, interpreting personnel rules and regulations, the authority to review the hiring,firing,transferring, promoting, demoting, suspending, resignation, separation, and reinstating of employees, management of the classification and compensation system, the performance evaluation system and maintenance of employee records Section 17. Job Description A written statement of the characteristic duties, responsibilities, and qualification requirements that distinguish a given class from other classes Section 18. Lay-off The separation of an employee occurring when a position in the classified service has been abolished, or when there is a reduction in force(RIF) I Deleted.Service 1 --';111S Section 19. Non-classified Positions Non-classified means the lob has no established minimum qualifications until time of recruitment. Generally this is due to the nature of appointment and/or responsibilities The city manager, city attorney, presiding magistrate,director/chief of I Deleted.Positions in the City service which op lice, and city council positions are non-classified positions. have been designated as appointment non-classified because of the nature of appointment and/or responsibilities T Deleted:police chief (Deleted.¶ 11 Apache Junction Personnel Rules 2013 (Deli.2 ) Section 20. Overtime Hours Eligible hours in excess of the established number of hours for the established work period ,Section 21. Performance Report (Deleted.-————-Page Break—————) The periodic evaluation of an employee's work. Section 22. Personnel Ordinance An ordinance that creates or amends a personnel system for the City of Apache Junction,Arizona Section 23. Position An aggregation of tasks and responsibilities requiring the services of one person. Section 24 Probation Period A specific period of time following an initial, promotional, re-employment, transfer or demotion appointment which is a work-test period for the employee and during which the employee is appointed on a trial basis. Section 25. Promotion The appointment of an employee from a position in one class to a position in another class with a higher salary group assignment Section 26. Reclassification The process of allocating positions to a more appropriate class whether new or existing in the classification plan as a result of material changes in the duties of the position 12 Apache Junction Personnel Rules 2013 (Deleted.2 Section 27 Reemployment The appointment of a former employee during the twelve(12)months ..�. immediately following the employee's separation from the classified service Section 28 Reinstatement The appointment of a person from a layoff list Section 29. Separation (Deleted.¶ — Page Break- The termination of employment by reason of unsatisfactory completion of the probationary period, lay-off, resignation, retirement, dismissal, or death. Section 30. Sick Leave Time off with pay granted by the City to career status and probationary employees who regularly work in excess of 19 hours per week Section 31 Suspension The temporary separation from employment of an employee with or without pay for disciplinary purposes Section 32. Transfer The appointment of an employee to another department and from a position in one class to a position in the same class or comparable class Section 33. Unpaid Absence An absence other than one resulting from the use of accruals, paid emergency absences, or other paid leaves of absence Section 34 Vacation Time off with pay granted to employees at the convenience of the City Section 35 Written Reprimand Written disciplinary notice issued to an employee, Deleted',and is considered the first step in the formal discipline process 13 Apache Junction Personnel Rules I 2013 (Deleted 2 Section 36. Written Notice A written communication delivered in person or by mail. Section 37 Work Period A fixed and regularly recurring period upon which overtime compensation may be calculated p 14 Apache Junction Personnel Rules I 2013 (Deleted 2 Deleted.¶ Rule 3. General Provisions l¶ Section 1 Equal Employment Opportunity The City of Apache Junction provides equal employment opportunities, in accordance with applicable local, state, and federal laws, to all employees and applicants for employment without regard to race, color, religion, sex, national origin,age, or disability Section 2. Loyalty Oaths All employees are required to sign a loyalty oath (Oath of Office)upon employment with the City as required by ARS §38-231 Section 3. Residency Requirements and Use of City Vehicle Residency All employees are encouraged to reside within the corporate limits of the City of Apache Junction The City Manager, City Attorney, Director/Police Chief, Police Captains, LDeieted of Public Safety Public Works Director and other persons the City Manager may specify are designated to be key emergency personnel and are required to live within a 15 minute response time to their work location Certified police officers are required to live within a 25 minute response time to the police department On a case by case basis, upon written recommendation of the director/chief of police, the city manager can provide a written waiver of this requirement for certified police officers Such waiver will be placed in the officer's personnel file Use of City Vehicle Key emergency personnel shall have the use of a City vehicle 24/7 No employee,who resides outside the corporate limits of the City, unless designated by the City Manager in writing, shall have the use of a city vehicle for other than regular working hours. 15 Apache Junction Personnel Rules I 2013 (Deleted 2 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 Acceptable documents are listed on the back of the form If the required documentation is not received from the employee within three(3)business days of the date of hire, the employee shall be terminated Section 5. Affirmative Action In the City of Apache Junction, an affirmative action program means using a personnel system designed for inclusion of otherwise qualified workers in personnel actions, regardless of race, religion, age, sex, physical handicap, color, national origin, or political or religious opinion or affiliation The City utilizes both external and internal dissemination of EEO policies and job opportunities,targeted recruitment if necessary, non-preferential training programs and internal reviews and evaluation of operations Section 6. Ethics It is the employee's ethical obligation to refrain from using his/her position for any personal gain beyond salary and City provided employee benefits. It is unethical for any employee to use public influence or 'inside"or confidential information for his/her personal advantage. City employees are required to comply with conflict of interest laws A public employee must never allow him or herself to be placed under any kind of personal obligation which could allow any person to expect official favors. All employee official acts must be free from the intent of favoritism, prejudice, personal ambition, or partisan demands. 16 Apache Junction Personnel Rules I 2013 (Deleted.2 Section 7. Safety The City of Apache Junction is committed to provide employees, a safe .•. and healthy working environment The City makes every effort to comply with relevant federal and state occupational health and safety laws and to develop operations, procedures, technologies, and programs conducive to a safe and healthy work environment The City's goal is to minimize health and safety risk exposures to employees, to the citizens,and to visitors to City facilities. All City employees are expected to work in a manner which maintains safe and healthy working conditions and adhere to operating practices and procedures designed to prevent injuries and illnesses. Each employee has a responsibility to: • Exercise maximum care and good judgment at all times • Report all injuries to supervisors and seek first aid regardless of how minor • Report unsafe conditions, equipment, or practices to his/her supervisor • At all times use safety equipment provided by the City. • Conscientiously observe all safety rules and regulations • Notify his/her supervisor, before beginning the work day, of any (Deleted•if medication he/she is taking which may cause drowsiness or other side effects that could lead to injury to either him/herself or to his/her co-workers Section 8. Gratuities/Solicitations It is inappropriate for employees to accept or solicit anything of economic value such as a gift,gratuity,favor, entertainment, or loan which might appear to influence official conduct. This does not mean that employees are prohibited from accepting food or refreshments of nominal value on occasions where the employee is representing the City This also does not prohibit the acceptance of unsolicited advertising or promotional material such as pens, pencils, and calendars 17 i i1, Apache Junction Personnel Rules 2013 (Deleted*2 Section 9. Outside Employment Outside employment shall not conflict with the position held in the City Career status employees are to consider the City of Apache Junction as the primary employer Ask 18 Apache Junction Personnel Rules 2013 CDeleted:2 Rule 4. Recruitment and Selection Section 1. Policy Statement Career status employees who apply for positions under recruitment and who meet the minimum qualifications of the position will be considered for appointment Appointments are based upon fitness for the position Section 2. Application Forms All applicants for positions must complete an application form prescribed by the City Applications must be signed by the person submitting the application and become the property of the City Section 3 Recruitment and Selection Process The City may recruit applicants for vacant positions from outside the classified service and from within the classified service simultaneously if it is in the best interests of the City to do so Any employee with career status and who meets the minimum qualifications for the position may apply for appointment to a vacant position Probationary employees may apply for appointment to a vacant position with the approval of their department director The selection process may consist of, but is not limited to, evaluation of application material, interviews,written examinations, performance tests, assessment centers, physical ability tests, probation periods, or any other appropriate measure of fitness Section 4. Examination Results Unless otherwise stated in the testing service agreement, candidates may inspect their own examination papers, Each candidate in an examination shall be given notice of examination results. 19 Apache Junction Personnel Rules 2013 (Deleted.2 Section 5 Eligible Lists An eligible list shall remain active for six(6)months or until exhausted, whichever comes first, and may be extended prior to its expiration date by action of the Human Resources Director In no event shall an eligible list remain active for more than 18 months The name of any person appearing on an eligible list shall be removed by the Human Resources Director if the person whose name on the list makes wntten request to have it removed,or if the eligible person fails to respond to a notice of eligibility mailed to the last known address of record Section 6. Hiring of Relatives The City shall not permit career status employees related by blood or marriage to the degree as follows: parent, spouse, child,grandparents, grandchildren, brother, sister(of the one-half as well as the whole), uncle, aunt, niece, nephew, first cousin, mother-in-law,father-in-law, son-in-law, daughter-in-law, brother-in law, or sister-in-law to work in the same department This rule applies to any other relationship which may be construed to have similarities to either blood or marital relationships, i e adoption, guardianship, etc Seasonal, intermittent, contractual and temporary employees may work within the same department so long as one of the relationships as defined above are not, or will be, in the seasonal, intermittent, contractual or temporary's supervisory chain-of-command If one or more of the relationships outlined above are created by City employees working in the same department, one or more of the employees will be transferred to a position in the City for which they qualify The transfer will take place at the earliest practical date If two people working within the same department marry, one of them shall be transferred or relocated within the City as soon as practical to ensure they do not work within the same department. No person related by blood or marriage as defined above, of an active city council member, city manager, city attorney, magistrate judge, or department head, shall be appointed to a position in the City of Apache Junction. Source ARS 38-481 20 Apache Junction Personnel Rules 2013 (Deleted'2 Rule 5. Appointments, Status, and Probation Section 1. Types of Positions ,•� All positions in the City service shall be identified by duration and position characteristics A Duration 1. Unlimited position A position which has no specified ending date 2 Limited position A position that has a specified ending date. Examples are positions created,on a temporary basis,to replace an employee on leave without pay or positions created to meet a seasonal need B Position Characteristics 1 Full-time A position in which an employee is generally scheduled to work forty(40)hours per week 2 Part-time A position in which an employee is generally scheduled to work less than forty(40)hours per week. 3 Seasonal A position in which an employee is employed to meet regular recurring seasonal needs. 4 Intermittent, Temporary, or Per Diem A position in which an employee works as needed. 5 Contractual A position in which an individual receives compensation and other benefits per a contract 21 Apache Junction Personnel Rules I 2013 (Deleted 2 Section 2. Employee Status Every employee in the City service shall hold one of the following status identifications determined by position characteristics, probation requirements, or both A Initial probationary status B Career status C Transitional probationary status D Non-career status . ` • (Deleted*¶ (Formatted* No bullets or numbering Section 3. Attainment of Status A. Initial probation Every person when first appointed or re-employed to a full-time or part-time City position,other than a non-career status position, shall hold initial probationary status for the probation period,which is one (1)year, unless they are appointed to a title which requires AZ POST certification, refer to Rule 5, Section 5 In the event of placement from a layoff list,the employee will not serve a probation period unless the employee is appointed from a layoff list and there was time remaining in his/her probation period in the title appointed, in which case the employee will complete the time remaining in his/her probationary period B Career Status Employees attain career status through successful completion of the probation period,which may be evidenced by an end of probation notification An employee promoted while on initial probation shall attain career status in the former position upon satisfactory completion of the number of months remaining in the probation period in the former position In order to achieve career status in the position to which promoted, the employee shall serve the probation period required for that position in transitional probationary status. ( (Formatted. No bullets or numbering (Deleted:¶ 22 Apache Junction Personnel Rules I 2013 [Deleted 2 Transitional probation Every career status employee who is promoted,transferred, or voluntarily demoted shall hold transitional probation status for the full probationary period of the new position where a probation period is required The transitional probation period is six(6) months In the event of placement due to layoff action,the employee will not serve a probation period, however, if an employee is appointed from a layoff list and to a title in which there was time remaining in his/her probation period,the employee will complete the time remaining in his/her probation period D Non-career Status Employees who are appointed to limited, intermittent, seasonal, part time 19 or less hours, or contractual positions shall hold non-career status for the duration of the appointment and shall not serve a probation period Non-career status employees include contract employees such as the city manager, city attorney,,and (Deleted'police chief presiding magistrate Section 4. Probation Probation periods shall be regarded as integral parts of the recruitment and selection process and shall be utilized for close observation of the employee's work, performance of duties,job dedication and for securing the most effective adjustment of a new employee to the position and to separate or demote an employee whose performance does not meet required standards in accordance with the following A Separation during initial probation An employee in initial probationary status may be separated at any time without cause and without right of appeal AN After discussion with, and the recommendation of the Human Resources Director,the department director is responsible for notifying the probationer and the Human Resources Director of an employee's pending separation, probation extension,or attainment of career status. It is recommended that notification to the probationer and the Human Resources Director be up to two(2)weeks prior to the action and probation period end 23 Apache Junction Personnel Rules I 2013 (Deleted•2 J B Separation during transitional probation An employee in transitional probationary status may be separated if the employee does not perform satisfactorily during the transitional probation period An employee in transitional probationary status has no right to AWN return to his/her former position The Department director is responsible for notifying the probationer and the Human Resources Director, prior to the end of the probation period, of successful or unsuccessful completion of probation Section 5. Duration of Probation A. Initial The initial probation period shall be one(1)year of actual service from the date of appointment, except for police personnel in titles requiring AZ Post certification The initial probation period for titles requiring AZ Post certification shall be one (1)year, providing they hold AZ POST certification at time of appointment Those not holding AZ Post certification at time of appointment and where AZ Post Certification is required to continue in the title shall serve a fifteen (15)month probation period At the request of a department director, the Human Resources Director may approve an extension of the initial probation period,to a maximum of three(3)months actual service. B Transitional The transitional probation period shall be six(6)months from applicable action and is required for transfers, promotions,and voluntary demotions unless requested to be waived by the Department director and approved by the Human Resources Director. At the request of a department director, the Human Resources Director may approve the extension of the transitional probation period for up to three(3)months actual service Actual service shall be measured in calendar days, regardless of whether the position has a full-time or part-time work schedule 24 Apache Junction Personnel Rules 2013 (Deleted.2 Section 6. Effect of Status on Employee Rights and Privileges A Employees in Initial Probationary Status AIN 1 May be separated or demoted at any time for any reason without cause except for unlawful discrimination as defined in Rule 17, Grievance and Appeal Procedures; 2 May not grieve or appeal any decision relating to his or her employment, including dismissal, except for alleged unlawful discrimination as provided in Rule 17, Grievance and Appeal Procedures. B Employee in Career Status 1 May be disciplined or dismissed only for cause; 2 May file a grievance or appeal for the reasons specified in Rule 17, Grievance, and Appeal Procedures; 3 May receive reinstatement appointments without serving a new probation period C Employees in Transitional Probationary Status An employee in transitional probationary status and who has completed an initial probationary status has the rights and privileges of an employee in career status. However, an employee in transitional probationary status has no right to return to his/her former position and may be discharged upon unsuccessful completion of his/her probationary period D Employees in Non-career Status 1 May be separated at any time, 2 May not grieve or appeal any employment decision or action under these rules except on grounds of unlawful discrimination as defined in Rule 17, Grievance and Appeal Procedures [Deleted.q j 25 Apache Junction Personnel Rules 201 Deleted.2 Section 7. Types of Appointments A Promotion Appointment The appointment of a career status employee from a position in one class to a career position in another class assigned a higher salary group B Reinstatement Appointment The appointment of a person who has been laid off from a classified position and which is made from a layoff list as a result of an approved vacancy C Re-employment Appointment The re-employment of a former employee during the twelve(12) months immediately following the employee's separation from the City service. D Transfer Appointment The appointment of a career status employee from one department to another department and from a position in one class to a position in the same or comparable class No employee shall be transferred to a position for which the employee does not possess the minimum qualifications. Both department directors must consent to the transfer E. Demotion Appointment The appointment of a career status employee from a position in one class to a position in another class assigned a lower salary group. 1 A department director may demote an employee whose ability to perform required duties falls below standard or for disciplinary purposes Written notice of the demotion shall be in accordance with Rule 16, Discipline, Section 4, Pre-disciplinary Meeting 2 An employee may voluntarily demote to a lower level position provided the employee meets the minimum qualifications for the position and the affected department directors consent to the demotion Section 8. Reassignments A department director may assign or reassign an employee at any time to any position within the employee's classification and in the same department 26 Apache Junction Personnel Rules 12013 (Deleted.2 Section 9 Exempt and Nonexempt Personnel An employee is designated exempt or nonexempt in accordance with the Fair Labor Standards Act(FLSA) A Exempt Employees Executive, administrative,or professional employees, who meet the criteria established by the FLSA as amended, are exempt from overtime pay Notwithstanding any other provision of these Personnel Rules or any other policy of the City of Apache Junction,all executive, administrative and professional employees shall receive a salary that is not subject to deduction for absences of less than one(1)day unless those absences are covered by the Federal Family and Medical Leave Act(FMLA)or the deduction is a penalty or disciplinary measure taken for infractions of safety rules of major significance. The FLSA allows deductions for one or more full days for infractions of workplace conduct rules (FLSA¶221 Disciplinary Deductions) B Nonexempt Employees Nonexempt employees are FLSA covered employees who do not meet the criteria for exempt employees. Non-exempt employees must be compensated at time and one-half their regular rate of pay for all hours worked in excess of 40 within the position's designated 7-day work period Nonexempt employees shall be compensated for overtime in accordance with Rule 9, Overtime 27 Apache Junction Personnel Rules 2013 Deleted 2 Rule 6. Classification Section 1 Adoption, Amendment, and Revision of Plan A classification plan adopted by the city council shall be maintained by the Human Resources Department and may be amended from time to time by resolution of the city council or through action of the city manager pursuant to these rules Requests for amendments and revisions to the classification plan requiring city council action are presented to the city council by the Human Resources Director or his/her designee through the city manager Section 2. Classification of Positions The Human Resources Director is responsible for classifying every position in the classified service Section 3. Reclassification of Positions A filled position may be reclassified from one class to another class on an individual basis by the Human Resources Director under the following circumstances A Significant changes have occurred in the level of duties and responsibilities of the position, rather than changes in the performance of the incumbent, and B Such change has been gradual, rather than resulting from assignments to a specific employee in a short period of time, and C. Such changes in duties and responsibilities are of a permanent nature D The department director or an incumbent may request a classification review of the position. The request shall be in writing and to the Human Resources department E. The determination by the Human Resources Director of the appropriate class shall be final and is not subject to the grievance or appeal procedure Reclassification shall not be used for the purpose of avoiding conditions for demotions and promotions 28 Apache Junction Personnel Rules I 2013 Deleted.2 Section 4 Creation, Abolishment and Reclassification of Positions Creation, abolishment, and reclassification of positions in salary group 67 and above may be initiated by the Human Resources Director to the city council through the city manager The city council may amend the classification plan as appropriate In response to city staffing needs, the City Manager has the authority to modify the classification plan for positions in salary group 66 and below 29 001.1. Apache Junction Personnel Rules 2013 Deleted 2 Rule 7. Employee Records Section 1. Policy The official employee personnel file is maintained by the Department of Human Resources Employee records will be kept confidential except as required by State or Federal law , r Deleted.¶ Deleted.The official employee personnel file is maintained by the Department of Human Section 2. Accessibility Resources. Employee records considered public records are available pursuant to Arizona Law Employee personnel records maintained by the city are accessible to the following A City Manager, Human Resources department staff,employee, department director, and supervisor B The employee for review of his/her own individual personnel file An employee may review his/her official personnel file by appointment Employees shall not remove any records from the personnel file but may obtain copies of records C City department director and supervisor considering appointment of a city employee,who has responded to a bona fide recruitment D Legal representatives of the employee and the city E Records that are subpoenaed F. Any person or organization with a signed written release statement from the employee Section 3 Contents of Personnel File No documents pertaining to discipline or other matters of a negative nature shall be placed in an employee's personnel file without the prior knowledge of the employee and the employee's department director. Employees may place into their personnel file their written response to any evaluation, report, disciplinary action, or other documentation put into the file by the city Such written response shall be submitted to the department director with a notation on the response that it is copied to the Human Resources department Upon receipt in Human Resources the response shall be placed in the employee's file 30 Apache Junction Personnel Rules 2013 Deleted 2 Section 4. Status Changes The employee shall keep the Human Resources Department informed of his/her current address and telephone number as well as any change in marital status or number of dependents _ 31 Apache Junction Personnel Rules I 2013 (Deleted.2 Rule 8. Attendance and Leaves Section 1. Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees An employee shall be considered absent without leave when absent from work for three (3) or more consecutive working days without authorization This absence is automatically considered resignation by iob abandonment Tardiness and/or absenteeism or pattern of absences and/or tardiness may result in disciplinary action Section 2. Vacation Leave Employees shall be entitled to annual vacation leave with pay except the following• A Employees who have served less than six months in the service of the City. B Employees who work less than 1,040 hours per year Upon completion of six (6) months of actual service, each eligible employee shall be credited with up to forty-eight(48) hours of vacation and shall accrue vacation thereafter at the rate specified in this rule All vacation leaves are to be taken at the convenience of the department and .n. shall be approved in writing, or through automation, by the department director or his/her designee Vacation credits shall not be allowed to accumulate in excess of 320 hours at the first of January of any calendar year Any carryover of vacation credits in excess of 320 hours at the first of any calendar year becomes void at that time It is the responsibility of the employee to schedule his/her vacation time in compliance with departmental workloads and needs In cases where employees are unable to use accrued vacation due to department workload,an exception may be made with city manager approval. 32 sink Apache Junction Personnel Rules 2013 (Delia.2 i The annual vacation leave is as follows for employees working 2,080 annually 1 year - 4 years 96 hours 5 years - 9 years 120 hours 10 years - 14 years 144 hours 15 years or more 192 hours Vacation leave credits are pro-rated for employees who work between 1,040 and 2,080 hours annually Vacation leave accrual is based on continuous active employment and will not accrue during a pay period when on unpaid status for the full pay period Section 3. Sick Leave In accordance with the provisions set forth in this section, employees who become ill or are injured may use available sick leave credits Use of sick leave credits shall not be considered a right but rather a privilege and shall be allowed only under the conditions outlined in this Section A Accrual 1 All career status and probationary employees who work 20 hours or more a week earn sick leave credits. Employees who work 40 hours per week accrue eight(8)hours each month Employees who work a minimum of 20 hours but less than 40 hours weekly accrue sick leave on a prorated basis 2 The employee must have completed thirty(30)days of employment before sick leave credits are granted +� 3. Accrual of sick leave credits is based on continuous active employment and will not accrue during a pay period when an employee is on unpaid status for the full pay period 4 All employees may bank a maximum of 1,040 hours Sick leave credit is neither earned nor posted when an employee is at the maximum 33 Apache Junction Personnel Rules I 2013 i Deleted.2 B Use of Sick Leave Credits 1. Sick leave credits may be used for absences due to illness or injury, dental, optical, or medical appointments, quarantine regulations, and serious illness of the employee, or when through exposure to a contagious disease a physician certifies that the employee's presence jeopardizes the health of others 2. Employees shall notify their immediate supervisor prior to, or within one hour, of the employee's scheduled starting time,An employee (Formatted.No underline must notify his/her supervisor on each day of absence unless other arrangements have been made with the supervisor Failure to do so will result in the employee being absent without leave and may result in disciplinary action - Department directors may establish written sick leave reporting procedures which differ from this standard for their department or specific division/units within their department or for individual workloads 3 Family Sick Leave - No more than 40 hours of sick leave credit each calendar year may be taken in cases in which an employee is absent for reasons of illness or injury, dental, optical or medical appointments for his/her immediate family or foster child - Immediate family includes parents, spouse,children, brother, sister, grandparents,grandchildren or any relative who resides with the employee 4 Upon approval by the department director, employees who have ,.� exhausted their sick leave credits may substitute their accumulated vacation leave credits during absence as set forth in this Section - Should an employee require an unpaid leave to support their absence because all accruals have been exhausted and there are no leave donations, Rule 8. Section 6. Leave of Absence without Pay applies 5 Sick leave credits shall not be granted in advance of accrual 6 If the employee did not submit a Leave Request prior to the absence, the employee shall do so immediately upon his/her return to work or upon request 34 Apache Junction Personnel Rules I 2013 (pelf:2 C Investigation of Sick Leave 1 Department directors may investigate the alleged illness of an employee absent on sick leave False or fraudulent use of sick leave Als shall be cause for disciplinary action up to and including termination 2 A department director may require submission of evidence from a licensed health-care practitioner substantiating the need for sick leave If the department director determines the evidence is inadequate, the absence shall be charged to another category of leave or considered an unauthorized absence D Employer-initiated Exam When a department director has reason to believe an employee should not work due to illness, injury, or performance issues that may relate to fitness for duty, the department director may seek approval of the Human Resources Director,to require an employee be examined by a licensed health-care practitioner The licensed health-care practitioner shall be designated by the Human Resources Director If the licensed health-care practitioner determines that the employee should not work due to illness or injury,the department director may place the employee on sick leave, or if the employee's sick leave is exhausted, on other leave as appropriate. If the licensed health-care practitioner determines that the employee cannot perform the essential functions of his/her regular class, the department director and Human Resources Director will investigate possible reasonable accommodation for the employee The department director may require the employee to obtain approval from the licensed health-care practitioner prior to the employee's return to his/her former �. class The City pays for all examinations required pursuant to an employer initiated exam. The employee shall not be charged any leave credits while participating in or traveling to or from any examination required pursuant to an employer initiated exam 35 Apache Junction Personnel Rules 201,5, Deleted 2 E Sick Leave Payout The City offers a payout upon an employee death or when an employee resigns in good standing Reference Rule 19 Section 2 The payout shall be as follows Hours between 0— 320 @ 0% Hours between 321 — 639 @ 50% Hours between 640— 1040 @ 25% F Donation of Sick Leave Hours between Employees Donation of sick or vacation leave hours are established by Administrative Procedure Section 4. Workers' Compensation Workers' compensation and on the job illness or injury procedures are established by administrative procedure. Employees who sustain a job related injury compensable under the Arizona Workers' Compensation law are covered by the provisions of that law Section 5. Military Leave Deleted.-————-Page Break Military leave shall be granted in accordance with State and Federal law All employees entitled to military leave shall give their supervisors an opportunity,within the limits of military regulations, to determine when such leave shall be taken. The request process for this leave is established in the City's Administrative Procedures 36 Apache Junction Personnel Rules 2013 (Deleted.2 J Section 6 Leave of Absence without Pay A written request for a Leave of Absence without Pay must be submitted to the employee's department director The employee's department director reviews the request and if supported, submits it with his/her support for the leave to the Human Resources director for consideration Leave shall be granted only upon written approval of the Human Resources Director, and may be granted for no more than three(3)months in a 12 month period A leave of absence without pay may be granted for up to 12 months, if the absence is due to a workers'compensation covered event. Benefits,Accruals, Holidays - The employee's health and dental benefits will be cancelled - The employee may, at his/her option continue health and dental coverage through COBRA - The city's Human Resources Office will issue a COBRA letter and the employee may elect to continue his/her health and dental insurance and pay the full premium(employee and employer portion)plus 2% - credits do not accrue - the employee is not entitled to compensation for holidays that are eligible for holiday pay Retirement Credit - The employee is encouraged to consult with his/her retirement system for information regarding retirement service credit and his/her leave of absence without pay ,Termination of Leave of Absence without Pay `Deleted•¶ 1 - An employee on a Leave of Absence without Pay is not protected from changes at work and is not entitled to any greater restoration right than those of an employee not taking a Leave of Absence without Pay Upon return from an approved leave of absence without pay, the employee shall be reinstated to the position held at the time leave was granted, only if the position is available - Failure on the part of an employee to report to duty upon expiration of the leave shall be cause for discharge The 37 Apache Junction Personnel Rules 2013 (Deleted.2 effective date of discharge will be the first date of leave of absence without pay • Formatted*Indent:Left: 1 06", No bullets or numbering Amok Section 7. Leave with Pay Upon request by the department director to the Human Resources director and upon written approval by the Human Resources director, leave with pay for sufficient cause may be granted to career status employees up to and including five(5)consecutive working days or ten (10)total working days in any twelve- month period Extended penods of leave with pay may not be granted except by express approval of the department director and city manager. (Deleted*¶ Section 8. Jury Leave Career status employees who are called to meet an obligation as a citizen by serving on juries,will be granted time off with pay for jury duty Compensation received by the employee, except mileage fees,will be paid by the employee to the City of Apache Junction Section 9. Subpoena Leave If the subpoena or other order of the court appearance is City related, the employee's compensation will not be affected for the work hours missed as a result of the subpoena or other order If the subpoena or other order of the Court is not City related, employees who are regularly scheduled to work 20 hours or more in a week shall be excused without compensation from their duties Section 10. Administrative Leave With the approval of the Human Resources director, employees may be placed on paid administrative leave while conduct is being investigated and/or possible disciplinary action is being contemplated or the employee is undergoing fitness for duty exams and while the City is awaiting the results of such exams 38 Apache Junction Personnel Rules I 2013 (oeIeted•2 Employees on administrative leave are subject to the Personnel Rules and other City policies/procedures, and may be required to report to their supervisor on a regular basis Section 11 Bereavement Leave Employees are permitted up to forty(40)hours bereavement leave, due to the death of his or her parent, child, sibling, spouse, or relative who is an actual member of the employee's household. Employees are permitted up to three(3)days of bereavement leave due to the death of a grandchild, grandparent, parent-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother,stepsister, half- brother, half-sister, or foster care child 39 AO lb. Apache Junction Personnel Rules I 2013 (Deleted.2 Section 12. Holidays The City may observe the following holidays 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" To observe a holiday means to close City Hall and City administrative offices. The observed holiday may or may not be a paid holiday.When City observed holidays fall on a Saturday,the preceding Friday will be considered the holiday When an observed holiday falls on a Sunday,the following Monday will be considered the holiday. Public Safety and other employees may be required to I be on duty for City observed holidays [Deleted' Each year, on or before June 1st, the City Manager posts a list of observed holidays and indicates which holidays are eligible for holiday pay The City allocates 88 holiday hours annually to full time employees, and 55 annually to part time employees (20 hours or more per week); holiday hours in excess of those designated for paid City holidays will be converted to personal leave hours and will be deposited in the employee's personal leave bank The holiday hours deposited into the personal leave bank shall be approved for use at such time that is mutually agreeable to the employee and the employee's supervisor Personal leave hours will not be available for use on an unplanned or call-in basis Personal leave hours not used by June 30th of each year will be forfeited In addition, all personal leave hours remaining, but not taken pnor to the last day of employment with the City, shall be forfeited For those holidays eligible for holiday pay,the employee must be on pay status their scheduled day before and day after the holiday This means if an employee is on leave without pay or in any other no pay status he/she will not be paid for the holiday 40 Apache Junction Personnel Rules I 2013 I Deleted.2 Section 13. Birthday Leave Full time employees working 32 or more hours per week are given eight(8)hours I and part time employees working between 24 and,31 hours per week are given I Deleted.24 and five(5)hours on July 1st of the year to be used as Birthday Leave Prior to taking birthday leave, an employee shall obtain approval from his/her department director The leave may be taken at a time mutually agreed to between the employee and the department director or his/her designee Employees are encouraged to use their birthday leave hours within 30 days of their birthday, however if birthday leave hours are not used by the end of the fiscal year in which they were granted, they will be lost, birthday leave hours are not carried over Section 14. Rest Periods Employees may be granted two separate rest periods of fifteen (15)minutes each during a work shift. Rest periods shall be counted as time worked Rest periods shall not be combined or used to provide an extended rest or lunch period or shorten the workday Compensatory time or overtime pay shall not be granted for rest periods not received or taken or for work performed during the rest penod 41 Apache Junction Personnel Rules 2013 Deleted'2 Section 15. Family and Medical Leave Policy A Basic Leave The Family Medical Leave Act(FMLA)provides eligible employees with up to 12 workweeks of job protected leave in a twelve-month period and requires group health benefits to be maintained during the leave as if the employee continued to work instead of taking leave An employee may be eligible to have his/her leave designated as FMLA leave when attending to the birth, adoption, or foster care placement of a child or to attend to their own serious health condition or the serious health condition of the employee's parent, spouse, son, or daughter, or because of any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty or has been notified of an impending call to active duty status in support of a contingency operation B Qualified Exigency Leave An eligible employee can take up to12 weeks of FMLA designated leave to address qualified exigencies related to the employee's spouse, son, daughter, or parent being on active duty or being called to active duty status in the National Guard or Military l eserves Deleted C. Military Caregiver Leave The FMLA includes a leave designation that permits eligible employees to take up to a combined total of 26 weeks of leave (Basic and Military Caregiver Leave)to care for a covered service member(next of kin)who is recovering from a serious illness or injury sustained in the line of duty while on active duty. D The City of Apache Junction under the FMLA - Uses a rolling 12 months, measured backward from the date an employee uses any leave designated as family medical leave - Requires the use of accrued leave time as allowed in the Personnel Rules to run concurrent with the designation of family medical leave 42 Apache Junction Personnel Rules 2013 (Deleted*2 E Definitions For the purpose of designation of leave as family and medical leave the following definitions apply ,... 1 Immediate Family A parent, spouse, son, or daughter is defined as follows a) Parent The biological parent of an employee, an individual who stood in place of the parent to that employee, or an employee who has day-to-day responsibilities of caring for a child b) Daughter or Son a biological, adopted, or foster child, a stepchild, a legal ward, or child of a person standing in the place of a parent who is under 18 years of age or 18 years of age or older and incapable of self-care because of mental or physical disability c) Spouse a husband or wife as defined or recognized under State law for purposes of marriage, including common law marriage in States where it is recognized A spouse does not include unmarried domestic partners. 2. Next of Kin(Military Caregiver Leavej the nearest blood relative other than the covered service member's spouse, parent, son or daughter, in the following order of priority Blood relatives who have been granted legal custody of the covered service member by court of decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA 3 Serious Health Condition: an illness, injury, impairment, or physical or mental condition that involves in-patient care in a hospital, hospice,or residential medical care facility or any subsequent treatment in connection with such in-patient care or continuing treatment by a health care provider Per the FMLA, examples of situations that do not normally meet the definition of a serious health condition are,conditions for which cosmetic treatments are administered,the common cold,the flu, earaches, upset stomach, minor ulcers, headaches other than (oeieted e migraine, routine dental or orthodontia problems, periodontal disease, etc 43 Apache Junction Personnel Rules I 2013 (Deed:2 F Eligibility for Family and Medical Leave 1 Who is eligible for leave designation under the Family and Medical Leave Act Eligible employees are those who have been employed by the City for at least 12 months and have worked (including paid absences)for a period of not less than 1250 hours during the preceding 12 months 2 When Family and Medical Leave may be Designated Leave may be designated as Family and Medical leave for the following reasons a The birth, adoption, or foster care placement of a son or daughter if the leave is taken within 12 months of the birth, adoption, or placement. b The serious health condition of a parent, spouse, son, or daughter, c The employee's own serious health condition,which prevents the performance of the essential functions of the job d Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the National Guard, or Military reserves in support of a contingency operation may use 12-weeks FMLA to address certain qualifying exigencies,examples are attend certain military events, arrange for alternative childcare, address certain financial and legal matters,attend certain counseling sessions, and attend post-deployment reintegration briefings(Qualified Exigency Leave) 29 CFR 825 126 e To care for a current member of the Armed Forces who has serious injury or illness incurred in the line of duty on active duty,and who is the spouse, son, daughter, parent, or next of kin of the employee Eligible employees may •m. use a combined total of 26 weeks(FMLA and Military Caregiver Leave) 29 CFR 825 127 G Duration of Family and Medical Leave Eligible employees are allowed to be granted up to12 weeks of leave for basic FMLA and Exigency Leave and up to a combined total of 26 weeks for leave under the military caregiver provision of the FMLA in a 12-month period. The 12-month period is computed as a rolling 12-month period measured backward from the date leave is used 44 Apache Junction Personnel Rules I 2013 (Deleted.2 H Designation of leave under the FMLA The following are the terms and conditions for the designation of leave under the FMLA 1 In the case of the employee's own serious health condition,the employee shall use all accrued sick leave before using accrued vacation leave 2 All accrued vacation leave shall be used before unpaid leave may be used. 3 The amount of unpaid leave available shall be the time remaining after having deducted the eligible accrued paid leave time from the 12 weeks, or 26 weeks if applicable, of designated leave allowed under the FMLA In the event that unpaid time is to be designated under the FMLA,this time will be applied to the employee as Leave of Absence without pay 4 In the case where both husband and wife are employees of the City, twelve(12)weeks of leave designated as family and medical leave may be used by each employee in any 12-month period for any event qualifying under the basic or exigency FMLA, or 26 weeks if Military Caregiver leave is used I Reduced or Intermittent Leave 1. Intermittent or reduced leave shall be granted for the employee's own serious health condition or the serious health condition of the employee's spouse, parent, son, or daughter, or due to qualifying events as described in the military family leave provision. 2 Intermittent or reduced leave for the birth, adoption, or foster placement of a child will be allowed only with the consent of the .�. department director and the Human Resources Director and the use of intermittent or reduced leave shall be limited to a period of twelve(12)consecutive weeks 3 The department director may temporarily transfer the employee to a position that better accommodates the leave, provided the transfer does not deprive the employee of hours that he or she is otherwise available to work 45 AM 16 Apache Junction Personnel Rules I 2013 (Deleted'2 J Notice Requirements 1 Thirty-day-notice Requirement An employee who has a preplanned FMLA qualifying event under the FMLA must give his or her department director thirty(30)days advance notice where practical The notice may be verbal and the department director shall document the request for leave and provide a copy to Human Resources. If it is necessary that the leave begin in less than thirty (30)days,the employee must provide such notice as is practical 2 Sanctions for Failure to Provide Notice: If the employee could have provided thirty(30)days advance notice to the department director but did not,the City may deny designation of leave for thirty(30) days after the employee provides notice 3. Designation of Leave as Family and Medical Leave It is the responsibility of the City to designate leave, paid or unpaid, as qualifying under the FMLA The City may inquire further if the employee does not provide sufficient information to enable the City to designate the leave under the Act `Deleted.¶ J K Medical Certification and Reporting Requirements 1 The City may require that designated leave related to a serious health condition be supported by a certification issued by the employee's health care provider, or the health care provider of the employee's spouse, daughter, son,or parent, as appropriate A copy of this certification shall be provided to Human Resources within fifteen(15) calendar days of the request for certification 2 The certification must include the following* a The date on which the serious health condition commenced, .•. b The anticipated duration of the condition, c. The appropriate medical facts within the knowledge of the health care provider regarding the condition, d A statement that the employee is needed to care for the daughter, son, spouse, or parent as appropriate e An estimate of the amount of time that the employee is needed to care for the daughter, son, spouse, or parent as appropriate 3 Failure to provide certification within fifteen (15)calendar days may result in denial of leave designated under the FMLA until a certification is provided 4 If the Human Resources Director questions the validity of the certification,the Human Resources Director may require the 46 Apache Junction Personnel Rules 2013 Deleted.2 employee, at the City's expense, to obtain a second certification If the second opinion conflicts with the original opinion, the City may require, at its expense, the employee obtain the opinion of a third health care provider selected jointly by the City and the employee The third opinion shall be final and binding on both parties 5. The Human Resources Director may require the employee obtain subsequent recertification This includes the need for intermittent leave 6 All records or documents provided by a health care provider in response to a request to verify the necessity of leave designated under the FMLA shall be maintained in separate files and treated as confidential medical records L. Effect of an unpaid Family and Medical Leave Designation on Accruals, Service, and Benefits 1 Accruals a While on unpaid leave an employee will not lose any credits accrued and unused before the date on which his/her leave is designated b The employee will not accrue vacation or sick leave credits c If the employee is not compensated in a month, retirement service credit will not accrue d The employee is not entitled to holiday pay 2 City Service. a The unpaid absence will not constitute a break in City service for seniority purposes 3 Health/Dental Coverage The employee is entitled to have his/her health and dental benefits maintained while on leave as if the employee had continued to work • (Formatted' No bullets or numbering It shall be the responsibility of an employee on unpaid leave which has been designated as family and medical leave to provide his/her portion of the premium payment necessary to maintain health and dental insurance coverage Formatted: No bullets or numbering c If an employee decides not to return to work, the City is entitled to recover from the employee the cost of the health insurance premiums paid while the employee was on leave designated as 47 Apache Junction Personnel Rules 12012, (Deleted.2 FMLA However, no such repayment is required if the employee is unable to return, as certified by a health care provider, due to circumstances beyond his/her control(i e , continuation, recurrence or onset of a serious health condition) M Return from leave designated as Family and Medical Leave 1 An employee who has taken leave for his/her serious health condition shall present to the department director, on or before returning to work, a certification from the employee's health care provider that the employee is able to resume work This certification should include any limitations on performance of duties the employee might have 2. Upon return from leave designated as family and medical leave an employee shall be returned to the same or equivalent position 3. An employee need not be reinstated if the employee would not otherwise have been employed at the time reinstatement is requested 4. When an employee returning from leave designated as family and medical leave is not qualified or able to perform the essential functions of the position to which the employee was returned, the employee shall be given a reasonable opportunity in which to become qualified or seek accommodation 5 When an employee returning from leave designated as family and medical leave is not able to perform the essential functions of the position to which the employee is returned,the employee may be disqualified for the position N. Investigation of Family and Medical Leave Use The Human Resources Director may investigate the use of family and medical leave designation. Misuse of family and medical leave designation shall be cause for disciplinary action up to and including dismissal 48 Apache Junction Personnel Rules I 2013 (Deleted•2 Rule 9. Overtime Section 1. Policy It is the City's policy to avoid the necessity for overtime work It shall be the responsibility and an important measure of job performance, for supervisors, division managers, and department directors to adequately plan and schedule work and staffing to minimize the need for overtime In the event of hours worked beyond the normal work day, all efforts shall be made to allow the employee to take off an equivalent number of hours within the designated work period (flexing the schedule) No employee, except in a situation involving public health or safety, shall be permitted or allowed to work overtime unless authorized by the supervisor. Any verbal authorization given by the supervisor is to be followed up with written authorization Section 2. Exempt and Non-covered Employees Not all employees of the City of Apache Junction are covered by the Fair Labor Standards Act(FLSA) Non-covered employees include elected officials, city manager, city magistrate, city attorney, and independent contractors Some employees,while covered by the FLSA, are exempt by specific provisions of the Act Exempt employees generally fall into three major categories.executive, administrative, and professional. Also certain seasonal recreational employees can be considered exempt from specific provisions All employees assigned an exempt status are excluded from payment of overtime hours and/or on-call pay 49 Apache Junction Personnel Rules I 2013 {—Deleted'2 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 �Fo�matted:Underline Overtime) A work penod is defined as seven consecutive days Section 4 Overtime Accrual In situations where an employee begins work prior to, or after, his/her scheduled starting time or ends work prior to, or after, his/her scheduled ending time,credit shall not be given for increments of time that are seven (7)minutes or less Increments of time greater than seven minutes shall be paid or compensated to the nearest quarter hour. Section 5 Hours Worked Employment, under the FLSA, is defined to include all hours that an employee is"suffered or permitted to work"for the employer Hours worked also include time during which an employee is"necessarily required to be on the employer's premises,on duty or at the prescribed work place" The following are examples of typical situations qualifying as compensable hours worked as provided by the FLSA Call-Out Time Any employee may be contacted and asked to respond to a situation during hours that are not scheduled for work Call-out occurs when a non- exempt employee who is not assigned to an on-call status is asked to respond to a work situation Employees responding to a call-out will receive a minimum of two(2)hours compensation Meal Time Meal periods are not compensated when the following three conditions are met. (1)the meal period must be at least 30 minutes, and (2)the employee must be completely relieved of all duties, and (3)the employee must be free to leave the duty post(there is no requirement that the employee be allowed to leave the premises or work site) (Deleted.% 50 .r Apache Junction Personnel Rules I 201 , (Deleted'2 On-call Time If a non-exempt employee assigned on-call status is able to use the off- duty time for his/her purposes,the hours will not be considered hours worked If the employee is required to perform any work-related duties during on- call time,the time will be calculated as hours worked. The employee who is merely required to leave word where he/she can be reached during on-call periods or is required to respond to a page will not accrue hours worked for those time periods Employees who are assigned on-call status will receive compensation for each hour served in an on-call status On-call compensation , (Deleted.If,- $2 00 per hour I Deleted' Through June 30 2012 $1 00 per - The city manager has the authority to adjust the compensation hour¶ rate (Deleted Effective July 1 2012 (Deleted.Subsequent to July 1,2012 t On-call compensation does not apply when the employee is required to perform work-related duties during on-call time since that time is considered hours worked. If an employee is unable to use off duty time for his/her purposes as outlined in the FLSA,those hours shall be considered hours worked and not qualify for on-call status Voluntary Work Employees who continue to work after their shift is over are engaged in compensable working time The reason for the work is immaterial, as long as the supervisor"suffers or .^ permits"employees to work on the City's behalf, proper compensation must be paid Once an employer allows the employee to work, or knows that the employee is working,the employee must be compensated It is the supervisor's responsibility to make certain that unauthorized overtime work is not performed According to the FLSA,the mere existence of a rule is not sufficient to avoid compensation for additional hours worked Supervisors who permit employees to work overtime without compensation may be subject to discipline Employees who work unauthorized overtime may also be subject to discipline 51 Apache Junction Personnel Rules 2013, Deleted:2 Waiting Time If a non-exempt employee has been assigned to wait for something to occur his/her waiting time will be counted as hours worked; if the employee arrives early, does not perform any work before his/her shift starts, and merely waits to begin working, his/her waiting time will not constitute hours worked Non-exempt employees, who are required to stand by ready for duty, whether during the lunch period, during machinery breakdowns, or during other temporary work shutdowns, must be paid for this time Examples of compensable hours worked • Caring for tools that are a part of principal activities, such as guns and vehicles(unless also allowed for personal use)by police officers, tools, and equipment for parks and streets workers. • Charitable work requested or controlled by the employer. • Emergency work/travel time. • Fire drills and other disaster drills,whether voluntary or involuntary, either during or after regular working hours • Training in regular duties to increase efficiency • Training programs required by the employer • Rest periods of 20 minutes or less • Medical attention during working hours at the employer's direction • On-call time where the employee must remain at the employer's premises or which is so restricted that the employee is unable to use the time for his/her own purposes • Travel time from the employer's premises to the work site • Travel time between work sites during the normal work day Examples of time not considered hours worked for the purposes of overtime compensation include, but are not limited to • Jury Duty Leave • Military leave • Bereavement Leave • Personal Leave • Birthday Leave • Sick leave • Compensatory time • On-call time • Time spent before, after, or between regular working hours • Voting time if outside the regular-scheduled hours of work 52 Apache Junction Personnel Rules I 2013 (Deleted.2 Section 6. Calculation of Overtime When a nonexempt employee is on paid leave time,such time is not hours worked for the purposes of calculating overtime However, holiday and vacation leave hours are considered hours worked t (Formatted.Indent First line 0" for the purposes of overtime calculations Section 7. Compensatory Time in Lieu of Paid Overtime The FLSA permits the City of Apache Junction to provide compensatory time in lieu of monetary overtime compensation, at a rate of not less than one and one-half hour of compensatory time for each hour of overtime worked. The calculation used for compensatory time is the same as that generally used for calculating monetary overtime Nonexempt employees may receive compensatory time in lieu of overtime pay for hours worked beyond 40 hours in a seven-day work week Employees may accrue a maximum of 160 hours of compensatory time (106.67 actual hours of overtime worked) An employee who has accrued compensatory time and requests use of the time must be permitted to use the time within a reasonable period after making the request if the time off does not unduly disrupt the operations of the City When the use of compensatory time is denied,the supervisor shall provide the affected employee the reasons for denial A copy of the reasons for denial shall also be provided to the Human Resources Director Compensatory time may be banked, used, or converted into the corresponding dollar amount at the employee's current pay rate in accordance with the provisions of this Rule (Deleted policy Employees who change from one salary group to another, either by promotion or demotion, shall be required to make such conversion before transitioning into the new position 53 Apache Junction Personnel Rules I 2013 Deleted:2 Section 8. Payment of Compensatory Time at Termination of Employment In accordance with the FLSA, unused compensatory time must be paid at whichever is higher of the following 1 The average regular rate received by the employee during the last three years of employment, or 2 The final regular rate received by the employee. Section 9 Substitution of Work Hours between Employees The FLSA provides that any individual employed in any capacity by a public agency may agree to substitute, during scheduled work hours, for another employee. Employees may work substitution schedules where the substitution is 1) voluntarily undertaken and agreed to solely by the employees, and, 2) approved by the supervisor The traded time will not be considered by the city when calculating the hours for which the employee is entitled to overtime compensation In effect, even though a substitution has taken place, each employee will be considered to have worked his or her normal schedule In addition, the supervisor of an employee who performs such substitute work is not required to keep a record of the hours of substituted work It is important to be aware that the substitution provisions of the FLSA apply only when the employee's decision to substitute is made freely and without direct or implied coercion It must be made exclusively for the employee's own convenience 54 Apache Junction Personnel Rules I 2013 (Deleted.2 Section 10. Travel Time Home-to-Work Travel Adweik As a general rule, home-to-work travel is not compensable, even if an employee must travel from a town to an outlying site to get to the employer's premises This is true whether an employee works at a fixed location or at different job sites Generally, an employee Is not at work until he or she reaches the work site However, if an employee is required to report to a meeting place where he or she is to pick up materials, equipment, or other employees, or to receive instructions, before traveling to the work site,compensable time starts at the time of the meeting Travel durinq the Work Day Traveling from an outlying job at the end of the scheduled workday to the employer's premises is time worked Where an employee is required to report to a meeting place to receive instructions, perform other work, or pick up tools, and travel from the designated meeting place to the work site is considered working time Out-of-town Travel Where employees travel out of town overnight on business they must be paid for time spent traveling during their normal work hours on their non- working days as well as on their regular working days Travel time as a passenger outside regular working hours is not considered hours worked If an employee drives a car without being offered public transportation,the travel time is considered working time. 55 Apache Junction Personnel Rules 2013 Deleted.2 Rule 10. Performance Report Section 1. Purpose The evaluation is designed to inform the employee of the manner in which he or she is meeting standards of performance established by the supervisor. The performance evaluation report is intended to cover overall performance during the rating period. Section 2. Performance Reporting Requirement during Probation Reporting on employee performance during probation is covered in Rule 5, Appointments, Status, and Probation Section 3 Performance Reporting Requirements Following End of Probation Every career status employee shall have his or her performance formally evaluated at least once a year and a report on this performance shall be submitted to the Human Resources department and placed in the employee's personnel file The report shall be submitted by the department director in accordance with the procedure and on the form or forms prescribed by the Human Resources Director Department directors are encouraged to provide more frequent evaluations Department directors are encouraged to bring unsatisfactory performance to the attention of the employee when the unsatisfactory performance occurs Each performance report shall be reviewed with the employee and filed with the Human Resources department not later than fourteen (14)calendar days after the City designated review period ends Employees shall be allowed to submit a written response to their performance evaluation report, the employee's wntten response shall be attached to the report it addresses. The performance report and the employee response, if any, shall remain a part of the employee's personnel record as required under the Records Retention and Disposition Schedule adopted by the City and may be considered when determining transfers, promotions, demotions, and/or dismissals Employees shall be notified and provided with a copy of all documents placed in their personnel file Copies will be provided under confidential cover or directly to the employee 56 Apache Junction Personnel Rules 201 (Deleted.2 Section 4 Unsatisfactory Ratings When an employee's overall evaluation report is unsatisfactory,follow up reports are required at the end of three(3)months and for each subsequent saMo. three (3)month period while the employee is in the position until the employee has achieved a satisfactory rating or employment is terminated It is the department director's responsibility, in conjunction with the immediate supervisor, to inform the unsatisfactory performing employee of the actions necessary to achieve a satisfactory rating This may be accomplished with an improvement plan which lists specific measurable goals Section 5. Grievance and Appeals Relating to Performance Reports An employee who has successfully passed his/her initial probation period may grieve or appeal an overall performance rating of unsatisfactory or its equivalent, in accordance with Rule 17, Grievance and Appeal Procedures Section 6. Procedure when Anticipated Rating will be Unsatisfactory If the anticipated rating is unsatisfactory, the department director shall advise the employee of the anticipated rating and schedule a meeting to review the performance rating with the employee Section 7. Salary Increase On the anniversary of their classification date, employees are eligible for one step advancement on the salary schedule 57 .Mb, ... Apache Junction Personnel Rules I 2013 (Deleted:2 i Rule 11. Drug-Free Workplace Policy Ink Section 1. Purpose To establish rules governing the maintenance of a drug-free workplace for the purpose of 1)ensuring the health and safety of City employees, 2)continuation of high-quality services to the public; and, 3)compliance with federal and state laws and regulations for a uniform government-wide, drug-free workplace effort Section 2. Policy Statement Reporting for work under the influence of alcohol or drugs, or any substance that impairs an employee's mental or physical capacity is not acceptable The use of illegal drugs or the misuse of legal drugs or alcohol by any employee is prohibited, as is the presence in any employee's system of a prohibited drug or drug metabolite The possession, sale, or distribution of drugs, alcohol, or any illegal substance by an employee during regular working hours while on City business or while on City property is prohibited except as excepted in police department policies and procedures Section 3 Definitions The following definitions apply to the Drug-Free Workplace policy A Alcohol Ethanol, isopropanol, or methanol B. Drugs/Controlled Substances The terms"drugs"and"controlled substances"are interchangeable and have the same meaning Unless otherwise provided, drugs and controlled substances include but are not limited to barbiturates,cocaine, opiates, (heroin, codeine)propoxyphene, amphetamines(including methamphetamine), benzodiazepines(Valium, Librium), methadone, phencyclidine (PCP), methaqualone, and cannabinoids(THC) 58 Apache Junction Personnel Rules 2012, c Deleted 2 C Reasonable Suspicion A belief based on specific, objective facts, and reasonable inferences drawn from those facts,that suggest an employee is using drugs or alcohol while on the job or is under the influence of drugs or alcohol while on the job. D Reasonable suspicion generally includes but is not limited to 1 Observable phenomena,such as direct observation of drug or alcohol use and/or the physical symptoms or manifestations of being under the influence of a drug or alcohol, 2 Abnormal conduct, erratic behavior, absenteeism,tardiness; 3 Physical symptoms(i e glassy eyes, slurred speech, unsteady gait, red eyes, running nose), 4 Smell of alcohol or marijuana; 5 Deterioration in work performance or physical appearance 6. A report of drug or alcohol use provided by reliable and credible sources and which has been independently corroborated; 7 Evidence that an individual has tampered with a drug or alcohol test, during his/her employment with the current employer, 8 Involvement in or responsibility for, a work-related or industrial accident that caused, or could have caused serious injury to the employees, any other person, or serious damage to employer property or property belonging to others, 9 Evidence of use, possession, sale, solicitation, manufacture, or transfer of drugs or alcohol while working or while on employer premises Section 4 Over-the-counter or Prescribed Medications Employees taking prescription or over-the-counter non-prescribed drugs or medication which might interfere with the performance of his/her job duties, shall report the usage of the drug or medication to his/her supervisor before going on duty. Employees taking such drugs or medication are responsible for knowing any side effects of the medication that might interfere with job performance based upon the prescribing physician's advice or the warning on the medication label. 59 Ink Apache Junction Personnel Rules I 2013 l Deleted•2 Section 5. Applicants and Employees Subject to Testing A Pre-employment Testing All applicants being considered for initial employment by the City to positions designated as safety sensitive shall be required to submit to, and successfully pass, a drug screen urinalysis, and/or Breath alcohol test(BAT)within 31 hours after a conditional offer of employment is made by the City The offer of employment shall be contingent upon a negative drug and alcohol screening If an applicant fails to pass the pre-employment drug screening and/or BAT, the applicant will be disqualified from consideration for employment and shall not be eligible for employment with the City for a period of 12 months from the date of the initial positive drug or BAT test result An applicant's failure to submit to the required pre-employment drug and/or BAT test shall be considered a request for withdrawal from consideration for the position for which he/she applied B. Police Department Employees and Transfer Upon transfer to or from a narcotic or drug-related assignment, all police department employees(sworn or civilian), shall submit to drug and alcohol screening A transfer to a narcotic or drug-related assignment shall be contingent upon a negative drug test result A positive test result of a police department employee transferring out of a +► narcotic or drug-related assignment is subject to the provisions of this rule for positive test results. C Reasonable Suspicion Testing If the City has reason to suspect that an employee is violating this policy or when there is reasonable suspicion that an employee is under the influence or is impaired by alcohol and/or drugs,the City may require the employee to submit immediately to medical tests administered for drug and/or alcohol testing which include the chemical analysis of breath, urine, and/or blood 60 Apache Junction Personnel Rules I 2013 (Deleted.2 D Post-Triggering Incident Employees involved in the following circumstances are required to submit to a drug and/or alcohol test 1 Those whose use of City equipment or vehicle results in an accident in which a person is fatally injured 2 Those whose use of City equipment or vehicle results in an accident involving tow-away and/or medical assistance and who, in addition, receive a citation related to the accident 3 Those who are required as part of their job to carry a firearm and who, while on duty, discharge a firearm resulting in bodily injury, property damage or violation of departmental policy, or who are off duty and discharge a firearm in violation of departmental policy regarding off- duty use of firearms E Re-employment or Reinstatement to Workforce Any individual who is re-employed, reinstated, transferred, promoted, or demoted to a safety sensitive position, in accordance with Rule 5, I Appointments, Status, and Probation,is required to submit to a drug and (Formatted'Underline alcohol test prior to resuming work F Follow-up Testing If an employee is offered a rehabilitation option in lieu of discipline for a positive test result in accordance with Section 9 of this policy,the employee is subject to random drug testing for a minimum of one(1)year following the completion of the rehabilitation program 61 Apache Junction Personnel Rules I 2013 (Deleted.2 Section 6 Policy Violation .•. A Alcohol. An employee who tests positive for alcohol while on City business during the employee's working hours or while on City property during the employee's working hours is in violation of this policy B Druas An employee who tests positive for drugs is in violation of this policy. C An employee who is required as a part of his/her iob to carry a firearm and who,while on duty, discharges a firearm resulting in bodily injury, property damage or violation of departmental policy or who is off-duty and discharges a firearm in violation of departmental policy regarding off-duty use of firearms is in violation of this policy Section 7. Effect of Failure to Comply with Policy An employee who refuses to submit to a drug and/or alcohol test or who violates any aspect of this policy is subject to disciplinary action up to and including termination. Section 8. Employee and Applicant Consent Form Employees and applicants who are requested to submit to a drug and/or alcohol test must agree in writing to allow the results of such test to be disclosed to and used by the City's authorized representative(s). Failure to sign such a consent form shall be considered a refusal to submit to testing and may subject the employee to discipline up to and including termination Section 9. Rehabilitation The City may, at its option, suspend all or part of the disciplinary action for violation of this policy in return for the employee's enrollment into a drug or alcohol counseling or rehabilitation program for the purpose of enabling the employee to permanently cease the prohibited conduct Disciplinary action may be suspended while the employee is participating in counseling and/or rehabilitation The program must be approved by the Human Resources Director Cost of rehabilitation or counseling is the responsibility of the employee An employee who elects such participation shall enter into a written agreement with the City 62 Apache Junction Personnel Rules I 2013 Meted.2 1 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. Ink 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 to and including termination Section 10. Searches The City of Apache Junction reserves the right to search all areas and property the City maintains or has complete or joint control over. An employee's locker, closet, work area, desk, desk files, computer files,city-owned vehicle, and similar areas are subject to inspection at any time on a random or any other non- discriminatory basis for purposes of this policy Section 11. Confidentiality The results of drug or alcohol screening tests shall not be included in an applicant file or employee personnel file but shall be retained by the Human Resources Department in a separate medical file Any conditions of employment that may be established as a result of the drug test(i e a written agreement for rehabilitation in lieu of discipline)become part of the employee's personnel file Except as required by the state or federal law,test results and ancillary information may be disclosed to management personnel only on a need-to-know basis or to any person upon the written consent of the employee or applicant Information is normally limited to the employee's supervisor, City Manager, Assistant City Manager, Human Resources staff, and legal counsel Failure to maintain confidentiality by any employee shall be grounds for discipline Section 12. Employee Responsibilities A Pursuant to the Federal Drug-Free Workplace Act of 1988,the City of Apache Junction prohibits the unlawful manufacture, use, possession, or distribution of controlled substances in the workplace As a part of this Act, employees have the following responsibilities 1 To abide by the terms of the City's drug-free workplace policy; and 2 To notify their supervisor or department director of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction 63 AM lb. Apache Junction Personnel Rules I 2013 (Deleted 2 B It is each employee's responsibility to immediately report to their supervisor, department director, or Human Resources department unsafe working conditions or hazardous activities that may jeopardize the safety of employees. This includes the responsibility to immediately report any violations of the drug and alcohol policy An employee who fails to report such a violation is subject to disciplinary action up to and including termination C All employees are required, as a condition of employment,to sign a statement that the employee has 1 Received a copy of the City's Drug-Free Workplace Policy, 2 Agreed to abide by the terms of the policy, 3 Agreed to notify the supervisor, or appropriate representative of the City, immediately, or within five(5)days, of a criminal drug statute conviction for a violation occurring within the workplace Section 13 Management Responsibilities A Management personnel shall be responsible for implementation and consistent enforcement of this policy,together with the Human Resources Director or his/her designee Management personnel who fail to enforce this policy in accordance with its terms are subject to disciplinary action up to and including termination B Supervisors will be trained in the detection of impairment by alcohol, drugs, and substance abuse. Supervisors must document, in writing, the facts constituting reasonable suspicion for drug and/or alcohol testing or for violation of this policy C Management shall inform any employee required to submit to drug or alcohol testing of the requirements of this policy and the consequences of non- compliance 64 Apache Junction Personnel Rules I 201 (Deleted:2 Section 14. Drug and Alcohol Testing Methodology Every reasonable effort will be made to obtain the most accurate drug or alcohol oink 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 Pathologists, or the Arizona Department of Health Services. An employee, upon request, may obtain his/her written test results Section 15 Procedures Procedures to be followed by management for the enforcement of this policy are available for review in the Human Resources department or in each department with the department director. A description of the testing methods and collection procedures to be used is available for review in the Human Resources department 65 Apache Junction Personnel Rules I 201, (Deleted•2 ) Section 16. Commercial Driver's License Holders All employees required, as a condition of their City employment, to have a valid (Deleted.Effective January 1 1996 A.m. Commercial Driver's License(CDL)shall comply with the United States (Deleted'a Department of Transportation(USDOT)rules for drug and alcohol testing of mass transit employees and all drivers with CDLs. , (Deleted.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, random, return to duty, and follow-up testing for alcohol and drugs through the use of breathalyzers and urine samples Procedures and rules for testing of CDL holders are available in the Human Resources department p 66 Apache Junction Personnel Rules 201 , (Deleted.2 Rule 12. Policy against Discrimination Section 1. Policy Statement ''1 The City does not tolerate any form of discrimination based upon race, gender, national origin, religion, age,,disability,,,sexual harassment, or genetic (Deleted'or information (Deleted ec A Discrimination • Unfair treatment because of race,color,religion,sex(including Formatted.Bulleted+Level 1+Aligned at pregnancy),national origin, age(40 or older),disability orgenetic os"+Indent at o 75" information (Formatted.Font Bold (Formatted:Font Bold • Harassment by managers, co-workers, or others in the workplace, .. (Formatted'Font Bold _____J because of race, color, religion, sex(including pregnancy), national (Formatted.Font Bold origin,age (40 or older),disability, or genetic information (Formatted.Font Bold (Formatted.Font Bold • Denial of a reasonable workplace accommodation that the employee • , (Formatted Font Bold needs because of religious beliefs or disability. (Formatted Font sold • (Formatted Strikethrough • Retaliation because the employee complained about lob discrimination• I Deleted. or assisted with a job discrimination investigation or lawsuit B. Sexual Harassment Sexual Harassment is defined by the Equal Employment Opportunity Commission (EEOC)as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual or otherwise offensive (Formatted.Not Strikethrough nature, especially where I Formatted'Bulleted+Level 1+Aligned at 0.5"+Indent at 0 75" • Submission to such conduct is made either explicitly or implicitly a term Formatted.Bulleted+Level 1+Aligned at or condition of an individual's employment,or 0.5"+Indent at 0 75" Formatted*List Paragraph, No bullets or Submission to or rejection of the conduct by an individual is used as a numbering J • basis for employment decisions affecting such individual, or (Formatted.Bulleted+Level 1+Aligned at 0.5"+Indent at 0 75" (Deleted'if • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. I 'Formatted.Numbered+Level 1+ Numbering Style A,B,C, . +Start at 1+ I Alignment Left+Aligned at 0"+Tab after (0.25"+Indent at 0.25" 67 Apache Junction Personnel Rules 201.1 (Deleted'2 ) C. i.Education„ r Deleted. The Human Resources Director is responsible for coordinating training on the alemenl topic of discrimination and sexual harassment, attendance at this training is " `¶ mandatory for all employees In addition, the Human Resources Director shall Educationli notify all employees of the existence of this policy. (Formatted.No underline ) Deleted:¶ D Implementation The Human Resources Director shall be responsible for formally notifying all employees, department directors elected or appointed Both managers and eJrlployees are responsible for creating an atmosphere officials and volunteers of the existence of this policy The Human Resources Director is free of discrimination„and managers and supervisors. re responsible for responsible for coordinating training on the topic taking immediate and appropriate corrective action in response to any of discrimination and sexual harassment, attendance at this training is mandatory for all allegation of a violation of this policy, in addition to respecting the rights and employees and the training will be offered to sensitivities of their co-workers l elected or appointed officials and others (Formatted.Strikethrough ) The Human Resources Director and department directors are responsible for (Formatted:Underline ) taking immediate and appropriate corrective action in response to any (Formatted Indent:Left 0" ) confirmed violation of this policy and for assuring that no reprisals are taken I Formatted*Indent:Left: 0.25", No bullets against complainants,witnesses,or perpetrators or numbering Deleted•<#>¶ The Human Resources department is responsible for monitoring the ¶ Pa ge Break- application of this policy, providing advice, and responding to any questions, <#>Imolementation¶ which may arise from this policy (Deleted'E (Deleted:, Deleted. 68 Apache Junction Personnel Rules 12013 (Deleted.2 Section 2. Initiating a Discrimination or Sexual Harassment Complaint .. When an employee feels he/she has been discriminated against or sexually harassed,the following should occur Employee - Attempt to advise the alleged discriminator/harasser of their discomfort, OR, - Report the problem to his/her immediate supervisor If The offended employee does not feel comfortable directly addressing the situation with the discriminator/harasser, and/or the unwelcome or offensive behavior continues, OR; - Report the problem to the Human Resources Director if. o The employee's immediate supervisor, a division director, or department director is the source of the alleged harassment, OR, o The employee is uncomfortable reporting the problem to his/her immediate supervisor, division director, or department director, OR, c The source of the harassment is an individual appointed by the • Formatted'Normal,BWleted+Level 1+ city council (including, but not limited to, the city attorney, city Aligned at 1 06"+Indent at 1.31" manager, or city magistrate)., (Deleted ¶ - Report the problem to the city manager if o The Assistant City Manager or Human Resources Director is the source of the alleged discrimination/harassment 69 I. Apache Junction Personnel Rules 2013 (Deleted*2 When advised of the discrimination/harassment the following will Immediate Supervisor .`•. - Promptly notify his/her department director. Department Director. - Promptly notify the Human Resources Director. Human Resources Director: - Begin an assessment into the complaint and determine the course of action - If the discriminator/harasser is an individual appointed by the city council advise the mayor and city council that a discrimination/harassment complaint has been filed Section 3. Investigation Procedure Human Resources staff coordinates the investigation process and advises the department director regarding his/her level of involvement in the process and of the progress of the investigation The department shall wort,with Human Resources staff to obtain and evaluate all (Deleted s relevant evidence with respect to what has occurred Human Resources staff makes a recommendation to the department director regarding the resolution of the complaint Human Resources staff notifies the complainant and the alleged violator,of the findings 'Deleted'The IDeleted.will be notified With the advice of the Human Resources Director, the department director implements specific remedial, and/or disciplinary actions ....... I `Deleted Page Break- - -- - ) e Section 4. Discipline The type of discipline and/or remedial action to which an employee is subject for discnminating against or harassing another employee is dependent on the circumstances of the situation Any step in progressive discipline may be applied Employees subject to disciplinary and/or remedial action as a result of a finding of discrimination or sexual harassment shall be afforded due process rights through the grievance or appeal procedures,whichever is applicable to the level of discipline imposed. (See Rule 16 Discipline) 70 Apache Junction Personnel Rules I 2013 (Deleted*2 Section 5. Reprisals Prohibited No reprisal/retaliation of any kind by any employee or manager shall be taken against an employee who asserted a complaint,the alleged perpetrator or .r against any witness. Any such reprisal/retaliation taken by an employee will subject him/her to disciplinary action up to and including termination 71 i Apache Junction Personnel Rules 2013 Ieted•2 Rule 13. Policy against Violence in the Workplace Section 1. Policy Statement The City of Apache Junction does not tolerate threats, intimidation, and/or violence made by an employee against another person's life, health,well being, family, or property Such acts or threats of violence,whether made directly or indirectly, explicitly or implicitly, by words, gestures, or symbols, infringe upon the City's right or obligation to provide a safe workplace for its employees Section 2. Prohibitions Any threats or acts of violence made by an employee against another person's life, health,well being,family, or property are cause for discipline up to and including termination Section 3. Applicability This policy applies to any threats or acts of violence made on City property, at City sponsored events or under other circumstances that may negatively impact the City's ability to conduct its business Section 4. Initiating a Complaint Involving Violence in the Work Place Any employee who believes that he or she has been the target of threats or acts of violence, or has witnessed or otherwise learned of threats or violent conduct by another employee or by a third party, should immediately contact their immediate supervisor, department director, Human Resources director or the city manager If an employee feels threatened with immediate harm, the Public Safety Department should be notified 72 Apache Junction Personnel Rules 2013 (Deleted.2 Rule 14. Fraternization Policy ANN 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 ,T e City endorses,the following policy concerning close personal or romantic (Deleted. For these reasons relationships between employees (Deleted:t (Deleted.has ) Deleted'developed Section 2. Policy, (Deleted. (Deleted.rohibitions Employees holding supervisory roles shall not pursue or be in a romantic relationship or have a close personal relationship with any employee who may report, either directly or indirectly, to them In addition, employees in a supervisory capacity are required to maintain a (Deleted.E professional relationship with any employee for whom they supervise,give work direction or assignments, give discipline, review performance, or recommend promotions or raises , Deleted.Employees holding supervisory roles shall not pursue romantic relationships with any Section 3. Reporting Requirements employee who may report,either directly or p g q � indirectly,to them ¶ In the event a workplace romance develops, it is the responsibility of both parties A,, to, either separately or together, bring the fact of the relationship to the attention of their supervisor or department director or to the Human Resources director.. (Deleted'department The,-iuman Resources director will determine the arrangements to further the (Deleted'City,through its best interests of both the city and the employees involved (Deleted epartment 3 Deleted.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¶ -Page Break 73 Apache Junction Personnel Rules I 2013 (Deleted*2 Rule 15. Political Activities Section 1 Purpose To establish a policy governing the political activity of City employees Section 2. Policy Statement City employees have the right to vote as they choose and to entertain and express personal opinions about political candidates However, employees must refrain from political activity while on duty or at public expense Section 3. City Council Elections To avoid undue influence of City employees on the outcome of City Council elections and to avoid undue influence of City Council members or candidates for City Council on City employees, the following apply A. Prohibitions and Restrictions 1 No employee of the City may be a candidate for nomination or election to the City Council 2 While on City time, employees may not circulate petitions for City Council 3. While on City time, employees may not contribute directly, or through an employee organization or association to a campaign or solicit or receive contributions for a City Council candidate 4. No employee or organization or association,while on City time, may .•. publicly endorse or actively support candidates for the City council or any political organization or association organized to support candidates for the City Council. & 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 74 Apache Junction Personnel Rules I 2013 (Deleted 2 1 B Permissible Activities 1 City employees may place City Council campaign signs in their yards and on the premises of their homes 2 City employees may place City Council campaign bumper stickers on personal vehicles ..•. 3. City employees may, on their time,work in campaign headquarters of City Council candidates 4 Outside of City time, an association or organization of City employees may mail or otherwise distribute endorsements of City Council candidates to members of organizations or associations who are City employees 5. City employees may express their opinion 6 City employees may, on their time, attend informational meetings concerning candidates for public office Section 4. Other Candidate Elections For candidate elections and political activity other than for the Apache Junction City Council, the following apply: A Prohibitions An employee shall not 1 Use any political endorsement in connection with any appointment to a position in the city service 2 Use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person or for any consideration 3 While on city time, participate in the management of any political party or in the management of any political campaign or recall effort 4 While on city time, solicit or receive contributions for any candidate campaign B. Permissible Activities Any employee may, on his or her own time 1 Express his/her opinion regarding candidate elections and political activity 2 Attend meetings for the purpose of becoming informed concerning the candidates for public office and the political issues. 3 Actively support a candidate while not in a city uniform or in an office or building of the City of Apache Junction 4. Cast his/her vote and sign nomination or recall petitions 5. Make contributions to candidates, political parties or campaign committees contributing to candidates or advocating the election or defeat of candidates 6 Circulate candidate nomination petitions or recall petitions 75 AIInk Apache Junction Personnel Rules 2013 (Deleted.2 C Candidacy for Elected Office Unless subject to the Hatch Act(5 U.S C Section 7321-7326), any City of Apache Junction employee desiring to run for county, state, or federal elected office may request a leave without pay upon filing for such office. The employee's department director,with the concurrence of the city manager, has the authority to grant or deny the requested leave based upon the needs of the organization If the leave is not granted and the employee still desires to run for elected office, the employee shall resign from city service upon filing for such office. If the leave is granted and the employee is elected, the employee shall resign from city service immediately upon being seated in the elective position If the leave is granted and the employee is not elected, the employee will be returned to his/her former position on the same terms and conditions as any other employee who has taken a leave without pay Section 5. Retaliation Prohibited A An employee shall not solicit any other employee to engage or not engage in activities permitted by this rule with the direct or indirect use of any threat, intimidation, or coercion including threats of discrimination, reprisal, force or any other adverse consequence including the loss of any benefit, reward, promotion, advancement, or compensation B An employee shall not subject any other employee engaging in activity permitted by this rule to any direct or indirect discrimination, reprisal, force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement, or compensation C An employee shall not subject any other employee who chooses not to �► engage in any activity permitted by this section to any direct or indirect discrimination, reprisal,force, coercion or intimidation or any other adverse consequence including the loss of any benefit, reward, promotion, advancement, or compensation Section 6 Other Permitted Activity The provisions of this rule do not apply to school board elections or community college district governing board elections and an employee may serve as a member of the governing board of a high school district or as a member of a community college district governing board 76 .p — Apache Junction Personnel Rules I 2013 I Deleted'2 Section 7 Protection of Civil Liberties Nothing contained in these policies shall be construed as denying any city AlimiN employee their civil or political liberties as guaranteed by the United States and Arizona Constitutions 77 Apache Junction Personnel Rules 12013 (Deleted'2 Rule 16. Discipline Section 1. Disciplinary Actions Progressive discipline is encouraged when appropriate, however, nothing in this policy requires progressive discipline to be followed Disciplinary actions may include verbal or written warnings,written reprimands, suspensions, demotions and dismissals, or other action deemed appropriate by the Human Resources Director and the department director When discipline is contemplated the department will consult with the Human Resources department regarding the discipline to be imposed The department director may delegate the authority to impose verbal or written I warnings or written reprimands but may not delegate authority to suspend, demote, or impose any other action affecting pay and/or benefits Section 2. Grounds for Discipline Grounds for discipline include, but are not limited to 1 Falsification of application for employment 2 Absenteeism 3 Tardiness 4 Conviction of a crime,which impacts the employee's ability to perform the duties and responsibilities of the job. 5 Incompetence in the performance of assigned duties 6 Prohibited political activities ,.� 7 Favoritism on the part of a supervisory employee 8 Discrimination on the part of an employee against any employee on the basis of race,color, sex, age, physical disability, place of national origin, political or religious affiliation. 9 Any action, on or off the job, tending to bring discredit to the City service. 10 Violation of the Drug-Free Workplace Policy. 11 Refusal or failure to comply with the orders of an authorized supervisor or refusing or failing to do assigned work 12 Theft, destruction, or neglect in the use of City property while the employee is on or off duty, or of property or materials of any other person while the employee is on duty 13.Lying to supervisors or falsifying records with respect to official duties 14 Threatening,fighting with, intimidating, coercing, or abusing other employees or officials of the City or provoking such actions by others 78 Apache Junction Personnel Rules 2013 (Deleted*2 15.Absence from work where the employee has requested permission to be absent and such request has been denied 16 Divulging confidential information from privileged official records to unauthorized persons .•. 17 Failure to observe departmental regulations 18 Unauthorized absence from duty 19.Abuse of sick leave 20 Failure to maintain satisfactory working relationships with other employees or the public 21 Failure to observe safety regulations 22 Discourtesy and rudeness to the public. 23.Unauthorized performance of work by nonexempt employee outside of established work schedules 24 Unauthorized operation or use of any vehicles, machines, or equipment of the City 25.Carelessness in the performance of duties 26 Intentionally or maliciously supplying false information or making false claims with intent to improperly affect official decisions or bring discredit to other employees 27 Insubordination 28 Removal of City equipment, material, supplies, etc,without the approval of the department director or City Manager 29 Use of clothing provided by the City for other than official City duties 30 Discrimination, sexual harassment, and/or violence in the work place 31 Violation of any section of the Personnel,Rules Deleted Policies Section 3. Written Reprimands A pre-disciplinary meeting is not required when issuing a written reprimand to the employee. Wntten reprimands shall identify the violations or failures to meet reasonable �.. expectations for performance on the job with sufficient specificity and detail so as to enable the employee to respond to the charges against him or her A written reprimand shall also indicate a copy is to be sent to the Human Resources department for inclusion in the employee's personnel file. In addition, the document shall also contain a notice that the employee may file a grievance on the written reprimand in accordance with Rule 17, Grievance and Appeal Procedures. 79 p Apache Junction Personnel Rules 12013, (Deleted.2 Section 4. Pre-Disciplinary Meeting Pre-disciplinary meetings are not required for — Verbal warnings(informal counseling), Written warnings(formal counseling), or, Written reprimands Pre-disciplinary meetings are required prior to Suspension, Demotion, or, Other forms of discipline The pre-disciplinary meeting shall include the employee and may include the Human Resources director or designee and/or legal counsel for the City (Deleted*D The employee facing discipline shall be afforded a pre-disciplinary meeting,the notification of the pre-disciplinary meeting shall be in writing and consist of the following a) That discipline is contemplated, up to and including termination or the type of discipline contemplated , b) The violation of one or more of the causes for discipline, (Deleted., examples are set forth in Rule 16, Discipline, (Formatted.No underline c) The specific conduct or omission committed by the employee (Formatted'Underline 1 which the department director believes is a violation of the personnel rules, d) When and where the meeting is to be held; e) That the employee is entitled to have a representative of his or her own choosing present at the meeting, and f) The purposes of the meeting,which are: 1) To allow the employee to correct any errors in the information or facts upon which disciplinary action is proposed, 2) To allow the employee to tell his or her side of the story and to present any mitigating information as to why discipline should not be taken The time between the initial notice of proposed disciplinary action and the pre- disciplinary meeting shall be reasonable and shall give the employee adequate time to prepare a reply. Two(2)business days is considered reasonable and under no circumstances shall the pre-disciplinary meeting be less than two(2) business days from the time the employee receives the meeting notice If personal delivery of the initial notice is not feasible, notice may be given by depositing the notice in the U S Postal Service mailbox, addressed to the last address of record for the employee, and with the first class postage affixed If 80 Apache Junction Personnel Rules I 2013 (Deleted 2 service of notice is by mail, at least six(6)calendar days shall be allowed between the date the notice is mailed and the date the meeting is scheduled The following procedure is required at the pre-disciplinary meeting. a) Presentation of the facts and information upon which the initial notice of proposed disciplinary action was based, b) Provide the employee an opportunity to respond to the presentation of facts and information, and c) If the employee submits a written response prior to or during the meeting, include the response in the official record At the meeting the employee may be accompanied by an individual of his or her choosing The following are guidelines for conduct at the pre-disciplinary meeting a) It is not mandated to provide justification to the employee or his or her representative for proposing disciplinary action, b) Testimony by or cross-examination of witnesses is not required, c) Testimony under oath is not required, d) Recording of the proceedings by a court reporter is not required, however the proceedings may be tape recorded by either side, e) The person accompanying the employee may only observe the meeting and advise the employee, he or she cannot interfere with the process by asking questions or demanding the procedures be changed Such interference shall constitute forfeiture by the employee of the right to be accompanied by anyone and such person shall be asked to leave the proceeding immediately, subject to the disorderly conduct laws of the State. Section 5. Notices of Suspension, Demotion, or Termination The department director will discuss with Human Resources staff the disciplinary action considered prior to taking action Notices of suspension, demotion, or termination shall contain the following a) The discipline being imposed b) Identification of the violations or failures to meet reasonable expectations for performance on the job with sufficient specificity and detail These charges shall be those listed in the initial notice of disciplinary action, except for charges that may have been added or deleted as a result of the pre-disciplinary meeting Substantial amendment or additional charges may be made only by repeating the procedure detailed in Section 4, Pre-disciplinary Meeting 81 Apache Junction Personnel Rules I 2013 (Deleted:2 c) A reference to the opportunity afforded the employee to tell his or her side of the story in accordance with Section 4, Pre-disciplinary meeting. d) An indication that the material presented has been considered by the City in reaching a final determination. e) Notice that the employee may request a copy of the written materials alleged to support the action taken f) A notice that the employee may appeal the suspension, demotion or dismissal pursuant to rule 17, Grievance and Appeal Procedures Copies of notices of suspension, demotion, or dismissal shall be sent to the Human Resources department for inclusion in the employee's personnel file Section 6. Taking Disciplinary Action The discipline notice shall be delivered to the employee within ten (10)calendar days after the Pre-disciplinary meeting The disciplinary action shall be taken within sixty(60)calendar days after the Pre-disciplinary meeting Section 7. Effect of Technical Omissions Failure of a supervisor or department director to comply with the provisions of Section 3,Written Reprimands, and Section 6, Notices of Suspension, Demotion, or Dismissal, as they pertain to content of written reprimands and notices of I suspension, demotion, or termination,shall not constitute a basis for reversing a disciplinary action on appeal 82 Apache Junction Personnel Rules I 2013 (Deleted.2 Rule 17. Grievance and Appeal Procedures Section 1. Purpose of Grievance and Appeal Procedures The purpose of the grievance and appeal procedures is to provide career status employees, aggrieved about a situation affecting the conditions of their employment,with a method for the resolution of the matter without discrimination, coercion, restraint, or reprisal against the employee during the process Any contention that the city has failed to comply with any obligation it has made to an employee through its ordinances, policies, or any other wntten commitment must be raised pursuant to these grievance and appeal procedures, and these procedures provide the exclusive remedy for any such claim 83 Apache Junction Personnel Rules I 201, (Deleted'2 Section 2. General An employee may file a grievance or appeal for actions as identified in this rule and utilize the procedures defined in this rule If the complaint alleges a matter other than that identified by this rule, employees are encouraged to discuss the complaint on an informal basis with appropriate management personnel as the matter is not entitled to the grievance and/or appeal process Action Grievance Appeal to Appeal to City Hearing I Manager Officer (CM) Written Reprimand X Overall unsatisfactory Performance rating X Suspension X 3 days or less Misinterpretation or misapplication of the Personnel X X X Rules or administrative procedures (if grievance (if appeal to does not CM does not resolve the resolve the complaint) complaint) Adverse action to the employee, based on unlawful X X X discrimination because of race,color,creed, (if grievance (if appeal to national origin,sex,age, political affiliation,or does not CM does not disability and other than suspension,demotion,or resolve the resolve the dismissal complaint) complaint) Suspension of more than three(3)days,demotion, X X X or dismissal on any grounds,including alleged Of grievance (if appeal to ..... unlawful discrimination does not CM does not resolve the resolve the complaint) complaint) Disposition of a sexual harassment complaint did X X not result in stopping the prohibited behavior Of appeal to CM does not resolve the complaint) 84 Apache Junction Personnel Rules I 2013 (Deleted•2 Section 3. Prohibited Grievances and Appeals The grievance and appeal procedures may not be used for matters involving A Compensation and Classification Plans B Overall satisfactory performance evaluations C. Informal disciplinary actions such as oral or written warnings (informal or formal counseling)) I Deleted s D Supervisory or management style Section 4. Grievance Procedure Grievances shall be presented according to the following procedure. An employee may begin a grievance at the level in which the discipline was administered A copy of the grievance and the responses shall be attached to the grievance at all steps in the process A Form Grievance forms may be obtained from the Human Resources department or they may be found on the City's Intranet. B Step 1. Filinq with Supervisor The employee shall present a grievance to the immediate supervisor within seven (7)calendar days after notification of or occurrence of the action which gives rise to the grievance. The immediate supervisor should consider the grievance and provide the employee a dated, written response within seven (7)calendar days of the receipt of the grievance C Step 2. Filing with the department director If the response of the immediate supervisor does not resolve the grievance or the immediate supervisor did not respond to the grievance, and the employee wishes to pursue it further, the employee shall present it to the department director in writing within seven (7)calendar days after receiving the decision of the immediate supervisor or within seven(7) calendar days from the date the immediate supervisor's response was due 85 Apache Junction Personnel Rules I 2013 (Deleted:2 ) The department director should consider the grievance and provide the employee a dated, written response within seven (7) calendar days of receipt of the grievance ''� D Step 3. Filing with the Assistant City Manager If the response of the department director does not resolve the grievance and the employee desires to pursue it further, the employee shall present it in writing to the assistant city manager within seven (7)calendar days after receiving the decision of the department director, or within seven(7) calendar days from the date the department director's response was due The assistant city manager or his or her designee shall consider the grievance and shall provide the employee a dated, written response within seven (7)calendar days of receipt of the grievance The decision of the assistant city manager for grievances is final and is not appealable further unless formal appeal procedures are an available remedy under this rule Section 5. Time Computation The computation of the calendar days shall be as follows for the date of notice of the action: A If wntten action -date of the delivery of a notice if handed to the grievant or -the date of mailing of the notice if sent by U S mail. (If the notice is mailed, three (3)calendar days shall be added to the time in which a response is due) B. If not a written action ....► -date of action shall be the date on which the aggrieved action occurred. C The period of time for filing the grievance starts on the day following the date of notice or occurrence of the action D If the final date of the grievance period falls on a city observed holiday or weekend or on a day the city is closed, the final date for grievance shall be construed to be the next business day it is open E The grievance period ends at 5 00 p m , on the final date for grievance If this date is a City observed holiday,a weekend, or on a day the city office is closed,the grievance period ends at 5 00 PM the next business day 86 Apache Junction Personnel Rules I 201q (Deleted 2 Section 6. Appeal Procedure Matters not specifically stated in this rule cannot be appealed Appeals shall be presented according to the following. Aims A. Time Computation The computation of the calendar days shall be in accordance with Section 5 of this Rule. B Form of Appeal. Every appeal shall be filed in writing and shall include the name and address of the employee appealing, the action which is the subject of the appeal, the reason for the appeal, a factual chronology of the action, the remedy sought, and a reference to the Personnel Rule ,which the action allegedly violates. The appeal shall have attached any Deleted'Policy written material pertaining to the matter appealed C Procedures for Filing an Appeal: Every appeal shall be filed within ten (10)calendar days from the date of notice of the action,which is the subject of the appeal All appeals shall be addressed to the City Manager. The City Manager,shall have ten (10)calendar days to respond to the (Deleted'or his or her designee appeal If the employee is not satisfied with the City Manager's decision, the employee has ten (10)calendar days from the date of response or the date a response was due, to file a Notice of Appeal for a hearing before a Hearing Officer The Notice of appeal shall be in accordance with Section 6 B of this rule and shall be filed in the Human Resources department. Section 7. Time Extension Upon mutual consent of the parties a time extension for grievances and appeals may be authorized by the Human Resources director Such agreement shall be in writing, state the duration of the extension, and be signed by both parties This agreement shall accompany the grievance at all future steps 87 Apache Junction Personnel Rules 1 201a (Deleted'2 ) Rule 18. Rules for Hearings before a Hearing Officer ,.�, (Deleted'¶ ) ,Section 1. Hearing Officer The employee wishing an appeal for a hearing before a Hearing Officer, shall file an appeal to a Heannq Officer with the Director of Human Resources. The Human Resources Director, in consultation with the City Attorney, shall retain a Hearing Officer or Officers who shall not be an employee(s)of the City Section 2. Right of Appeal Any employee shall have the right to appeal actions to the Hearing Officer pursuant to the City's Personnel Rules The Hearing Officer shall determine if the appeal is allowed under the Personnel Rules and shall not consider appeals not covered by these rules. The Hearing Officer shall dismiss such appeals upon motion by a party to the appeal or by his or her own authority Section 3. Time of Hearing Upon receipt of Notice of Appeal, the Human Resources Director shall contact the Hearing Officer who shall schedule a time for the hearing The hearing shall be set for not less than sixty(60)calendar days from receipt of the Notice of Appeal by the Human Resources Director of the employee's appeal to the Hearing Officer. The Hearing Officer shall provide the parties to the appeal with written notification of the date,time, and place of hearing. Section 4 Pre-Hearing Statements IUpon receipt of the appeal,the Hearing Officer,shall give each party a pre- (Deleted•to hearing statement form to be completed The,pre-hearing statement shall r Deleted. the Human Resources Director ) include the following (Deleted'¶ ) a) The names, addresses, and phone numbers of all parties to the appeal b) The names,addresses, and phone numbers of legal counsel or representatives for the parties c) A list of witnesses, including addresses and phone numbers, and brief summaries of their testimony d) A description of the exhibits to be used at hearing 88 Apache Junction Personnel Rules 2013 1Deleted•2 The pre-hearing statement shall be filed directly with the Hearing Officer within twenty (30)calendar days of receipt by the parties of the pre-hearing statement (Deleted.en —� (Deleted' Each party to the appeal shall provide the opposing party with a copy of the pre- I hearing statement and copies of exhibits to be used within tyventy(20)calendar (-Deleted•en days of the receipt of the pre-hearing statement. Each party is responsible for (Deleted.1 keeping the Hearing Officer and the opposing party updated on additional witnesses and exhibits through the use of an amended pre-heanng 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 I Under no circumstances shall witnesses or exhibits be added within twenty (30) (Deleted'en calendar days of the hearing No witness testimony or exhibits shall be (Deleted 1 I admissible if not identified by the parties twenty (20)calendar days prior to (Deleted*en hearing. (ei 1 Section 5. Pre-Hearing Conference After acceptance of an appeal and designation of representatives, the Hearing Officer may, at the request of the parties or on their own initiative, schedule a pre-hearing conference at a time convenient to all parties At the pre-hearing conference the Hearing Officer may request exhibits, define the issues,and accept stipulations of the parties The Hearing Officer may rule on the admissibility of exhibits and witnesses and may reject irrelevant or cumulative exhibits and disapprove witnesses whose testimony is irrelevant or cumulative Section 6. Subpoenas AnoN Pursuant to Title 12,Article 13, Chapter 2, A R S 12-2212, the Hearing Officer may issue subpoenas, compel attendance of witnesses and production of evidence, administer oaths, and cause depositions to be taken Any subpoena shall be issued in the same manner as provided for issuance of subpoenas in the Superior Court of Arizona I Any party or witness, or a representative thereof may,within five (5)calendar (Deleted*two days after service of the subpoena,file a motion to quash or modify the (Deleted.2 subpoena if it is unreasonable and oppressive, or move the Hearing Officer to condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible items. 89 Apache Junction Personnel Rules 2012, (Deleted.2 Section 7 Continuances The Hearing Officer may, in his or her sole discretion, grant continuances during the entire proceeding to each party for good and sufficient cause Section 8 Appeal Hearings The appealing employee shall appear personally, unless physically unable to do so, before the Hearing Officer at the time and place of the hearing The appealing employee may be represented by an attorney All hearings before the Hearing Officer shall be closed to the public The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner most conducive to determination of the truth Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules,which might make improper the admission of such evidence over objection in civil actions Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible pursuant to the Arizona Rules of Evidence The rules of privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence may be excluded .•. Decisions made by the Hearing Officer shall not be invalidated by any informality in the proceedings, and the Hearing Officer shall not be bound by technical rules of evidence. The Hearing Officer shall rule on the admission or exclusion of evidence The proceedings before the Hearing Officer may be recorded by a stenographer or by audio or videotape The original tape or recording, or certified transcript shall be a part of the record of any appeal 90 Apache Junction Personnel Rules 2013 (Deleted*2 Each party shall have these rights: • to be represented by legal counsel or other person of choice; • to call and examine witnesses, • ,to introduce evidence; (Deleted. • ,to cross-examine opposing witnesses on any matter relevant to the (Deleted. issues, • ,to impeach any witness regardless of which party first called for testimony, L Deleted. and • to rebut the evidence If the respondent does not testify on his/her behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation Hearings involving disciplinary actions shall proceed in the following order, unless the Hearing Officer directs otherwise 1 The party imposing discipline shall be permitted to make an opening statement 2 The appealing party shall be permitted to make an opening statement 3 The party imposing disciplinary action shall produce the evidence on his/her part. 4 The party appealing from such disciplinary action may then open for defense and offer evidence in support thereof 5 The parties may then, in order, respectively offer rebutting evidence only, unless the Hearing Officer for good reason permits them to offer evidence upon their original case 6. Oral or written arguments shall be permitted at the discretion of the Hearing Officer 7 Both parties may present closing arguments, (Deleted.C (Deleted' 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 heanng chamber during the hearing The standard of review for the Hearing Officer shall be whether the action appealed from was viewed objectively, arbitrary or was taken without reasonable cause 91 Apache Junction Personnel Rules I 2013 (Deleted:2 The role of the Hearing Officer is limited as a matter of law. The Hearing Officer may not substitute his or her independent judgment simply on the belief that a reduced level of discipline would be more appropriate to the offense Based on this standard of review the Hearing Officer may sustain or reject the disciplinary action invoked against the employee However,the Hearing Officer may not modify the disciplinary action The standard of review is not"denovo". The Hearing Officer shall render findings of fact,conclusions of law, and decision as soon after the conclusion of the hearing as possible, and in no event, later than thirty(30)working days after conducting the hearing unless otherwise stipulated by the parties The Hearing Officer's decision shall set forth the findings as to each of the charges and the reasons therefore The Heannq Officer shall provide the decision toxhe Human Resources director Deleted shalibefiledwith and the employee and,shall set forth all the findings of fact, conclusions of law, l Deleted.the Human Resources Director and and the final determination The Human Resources Director shall provide a summary and/or copy of the decision to the department director, the City Attorney, the Assistant City Manager and the City Manager The decision of the Hearing Officer shall be final and binding upon both the employee and the City, and therefore, not appealable to any office or body of the City or to any other forum, administrative or judicial, unless otherwise allowed under Arizona law p 92 Apache Junction Personnel Rules I 2013 (Deleted'2 Rule 19. Separation other than Dismissal INS Section 1. Layoff When, in the judgment of the City Manager, it becomes necessary to reduce the number of employees in a specific job classification due to lack of work or funds, the City may lay off any employee holding such position by classification The City Manager, in consultation with the Human Resources Director and the department director, shall determine the affected positions The Human Resources Director shall oversee the lay,off process and notification to the Deleted* i affected employees. An employee being laid off will receive a minimum notice of two(2)weeks There are two(2)layoff units covered by these Rules Municipal Court and all other City departments In the event of a reduction in force(RIF), the layoff of employees shall follow the order below A Layoff by Type of Status - Nord-career status employee before initial probationary status, [Deleted'- - initial probationary status before transitional probationary status, and, -transitional probationary status before career status B Layoff by Classification and Seniority Career status employees serving in a classification requiring reduction in personnel shall be laid off in the reverse order of their appointment in that classification and within the layoff unit, the last one so appointed being the first to be laid off. When no position of the same class exists within the layoff unit or all ^' employees in the class have greater seniority than the employee, the employee may request in writing to be placed in a lower class in the same classification series and within the layoff unit The employee may request to be placed in the lower class if the employee has previously held the position and, in no circumstance shall this request be used to effect a promotion The classification series set forth in the most current classification plan accepted by the City Council and/or modified by the City Manager shall be used as a guide. 93 Apache Junction Personnel Rules 12012,, (Deleted.2 ) C Layoff Lists A layoff list shall be maintained by Human Resources for each affected classification All career status employees who have been laid off shall have '" their names placed on the appropriate layoff list according to seniority If the employee has not been appointed from the layoff list to his/her layoff title, the employee's name shall remain on the list for a period of two(2)years from date of layoff It shall be the responsibility of the employee on the layoff list to provide the Human Resources Department with their most current mailing address D. Reinstatement As positions are reinstated within the layoff unit, individuals will be reinstated according to seniority from the appropriate layoff list, the most senior person laid off will be the first person hired back Employees resume their positions without loss of seniority The employee will be placed at the pay rate that is the closest to the rate at layoff that does not disadvantage the employee. In addition the employees' unused sick leave accruals will be restored Upon time of reinstatement,the employee will be notified at the address on file with Human Resources and given ten(10)working days to respond Failure to respond within that timeframe may result in the City's contacting the next person on the layoff list. Section 2. Resignation An employee wishing to resign in good standing shall submit a written resignation to their department director with a copy to Human Resources, at least two(2) .•. weeks before leaving service The resignation should state the effective date and reasons for resignation This time limit may be waived by the Human I Resources Director and department director. (Deleted.¶ ) Failure to give notice as required by this rule may be cause for a denial of future employment with the City An "exit interview" may be arranged with the Human Resources Director and/or his/her designee Deleted.The consent of the Human Resources Director,City Manager and the department director are required to withdraw a resignation ¶ ¶ 94 .... ii.mirr 4. City of Apache Junction, Arizona 300 E Superstition r ,.r -, Boulevard i �. , `� Apache Junction,AZ 85119 .r• ,Q tip*- Master File Number. 13-113 File ID. 13-113 Type• Ordinance Status Agenda Items Version. 1 Reference. In Control: City Council Work Session ... Cost File Created. 06/10/2013 File Name: Chief of Police Position Final Action: Title. Presentation and discussion relating to the proposed amendments to the Apache Junction City Code, Chapter 3, Article 3-6, Section 3-6-3(B), to change the chief of police position from at-will contractual to classified career status This would require the above-noted code section to be modified by ordinance Presentation and discussion. Notes. Agenda Date• 06/17/2013 Indexes City Internal Issue, Organization Development Sponsors. Hoffman Enactment Date. Attachments Ordinance No PD chief career status ord pdf Enactment Number. Contact. Hearing Date Drafter• amccray@ajcity net Effective Date. History of Legislative File Ver Acting Body. Date• Action• Sent To Due Date Return Result amok sion Date 1 City Council Work 06/17/2013 Session Text of Legislative File 13-113 Presentation and discussion relating to the proposed amendments to the Apache Junction City Code, Chapter 3, Article 3-6, Section 3-6-3(B), to change the chief of police position from at-will contractual to classified career status This would require the above-noted code section to be modified by ordinance Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 DRAFT 6-5-13 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 3, ADMINISTRATION, ARTICLE 3-6, DEPARTMENT OF PUBLIC SAFETY, BY MODIFYING SECTION 3-6-3, SUBSECTION (B) , APPOINTMENT AND DISMISSAL; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the Apache Junction City Council has recently directed staff to modify the City code provision relating to Public Safety Director appointment; and WHEREAS, at the recommendation of the city manager it is the intent of the mayor and city council to cause the Public Safety Director to be a career status employee rather than a contract employee. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the Apache Junction City Code, Chapter 3, Administration, Article 3-6, Department of Public Safety, Section 3-6-3, subsection (B) , Appointment And Dismissal, be amended to read as follows : p B. Appointment and Dismissal : The position of the director is hereby declared as an at-will non a classified position career status employee as defined under City of Apache Junction, Personnel Rules, Rule 2 , Definition of Terms, § 4 , Career Status . The director' s appointment by the manager shall be ratified by the mayor and city council . Removal shall be by the manager in his or her sole discretion without ratification by the mayor and city council. ire-manager s' n:e s be with ire- ee er terms of employment and shall reflect such terms in a Bement The-ma ager shall exeeute tire-agreement can behalfe€- he Cif-,air -errginal shall be- ed in e o€€lee-of the C; ty Clerk ant -eet—te-a-la ®-F "-e record laws . The director' s agreement shall be conditioned upon annual Council appropriation of funds, including all Salary and benefit terms , but is not subject to Specific performance. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this Ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV DECLARING AN EMERGENCY The immediate operation of the provision of this ordinance is necessary for the immediate preservation of the public peace, health or safety, and that an emergency is hereby declared to exist; and this ordinance shall be in full force and effect from and after its passage, adoption and approval by the Mayor and City Council of the City of Apache Junction PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2008 . SIGNED AND ATTESTED TO THIS DAY OF , 2008 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ORDINANCE NO. ---- PAGE 2 OF 3 R. JOEL STERN City Attorney ORDINANCE NO. ---- PAGE 3 OF 3 ollat. AIM. "' City of Apache Junction, Arizona 300E Superstition t 4��.. - w Boulevard l '&' '' `4 Apache Junction,AZ '‘stip 85119 Master File Number 13-093 File ID. 13-093 Type• Report/Update Status. Agenda Items Version: 1 Reference. In Control. City Council Work Session Cost' File Created. 06/05/2013 File Name. FY 2013-2014 Budget Discussion Final Action. Title Presentation and discussion on the Fiscal Year 2013-2014 City of Apache Junction budget Presentation and discussion. Notes Agenda Date 06/17/2013 Indexes Budgetary Item Sponsors. Powell Enactment Date. Attachments. Enactment Number Contact' Hearing Date. Drafter mbusby©ajcity.net Effective Date. History of Legislative File Ver Acting Body• Date Action Sent To Due Date. Return Result sion Date 1 City Council Work 06/17/2013 Session Text of Legislative File 13-093 Presentation and discussion on the Fiscal Year 2013-2014 City of Apache Junction budget Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013