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HomeMy WebLinkAbout2023 02.21 City Council Regular AgendaCity Council Meeting City of Apache Junction, Arizona Agenda Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City Council Chambers7:00 PMTuesday, February 21, 2023 A.CALL TO ORDER B.INVOCATION AND PLEDGE OF ALLEGIANCE C.ROLL CALL D.CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1.23-073 Consideration of acceptance of agenda. Sponsors:Jennifer Pena 2.23-074 Consideration of approval of minutes of the regular meeting of February 7, 2023. Sponsors:Jennifer Pena CCMIN_2023_02_07Attachments: 3.23-078 Consideration of approval of award of contract to CORE Construction for the Parks and Recreation Administration add-on to the Multi-Generational Center in an amount of $2,602,184.00 plus an additional 5% contingency of $130,109.20 for an amount not to exceed $2,732,293.20. Sponsors:Liz Langenbach Staff Memo - CORE Construction Contract CORE Construction PR-22-01 Contract Attachments: E.AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 February 21, 2023City Council Meeting Agenda 4.23-046 Presentation of 25-year Service Award to Lt. Thomas Parker of the Apache Junction Police Department. Sponsors:Michael Pooley F.REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 5.23-075 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors:Chip Wilson G.CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 6.23-076 City Manager's Report. Sponsors:Bryant Powell 7.23-077 Announcement of Current Events. Sponsors:Al Bravo H.PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak. All remarks shall be addressed to the council as a whole and not to any member thereof. Such remarks shall be limited to five (5) minutes unless additional time is granted by the mayor. This time limitation shall not apply to applicants and their agents appearing before the council. 8.23-048 Consideration of application for a new Series 10 Beer and Wine Store Liquor License for Circle K Store #1556 located at 2360 W Broadway Avenue, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors:Jennifer Pena Memo to Council 2.21.2023 Application - Redacted Public Safety Inspection and Approval Letter Building Safety Inspection and Approval Letter Planning Inspection and Approval Letter SFMD Inspection and Approval Letter Attachments: Page 2 City of Apache Junction, Arizona Printed on 6/17/2026 February 21, 2023City Council Meeting Agenda 9.23-051 Consideration of application for a new Series 10 Beer and Wine Store Liquor License for Circle K Store #8746 located at 85 W Superstition Boulevard, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Sponsors:Jennifer Pena Memo to Council 2.21.2023 Application - Redacted Public Safety Inspection Approval Building Inspection and Approval Letter Planning Inspection and Approval Letter SFMD Inspection and Approval Letter Attachments: I.OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J.NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. 10.23-070 Presentation and discussion on revisions and updates to the proposed 2023 City of Apache Junction Personnel Rules. Sponsors:Anna McCray City Council Memo 022123 2023 Personnel Rules - Council redlined version 2023 Personnel Rules - final Attachments: K.COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. 11.23-018 Direction to staff regarding Apache Junction City Code, Volume I, Section 2-11-2, relating to the number of Health and Human Services Commission members, and whether the level of funding for the 501(c)3 organizations should be increased. Sponsors:Tess Nesser Staff Memo HHSC 5 to 7 members December 2021 ORD1519 Health and Human Svcs 7 Members 2023.02.21_Board Members Attachments: Page 3 City of Apache Junction, Arizona Printed on 6/17/2026 February 21, 2023City Council Meeting Agenda L.CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business. All speakers must have already submitted a written “Request to Speak” form to the city clerk no later than the conclusion of the city manager’s report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson. All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1) respond to criticism by a speaker; 2) ask the city manager to review a matter; 3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone, provide their name and address. There is a three (3) minute time limit per speaker. M.ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at (480) 474-2617 or TDD (480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3); this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. Page 4 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-073 Agenda Item No. 1. Agenda Date: 2/21/2023 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of acceptance of agenda. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-074 Agenda Item No. 2. Agenda Date: 2/21/2023 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of approval of minutes of the regular meeting of February 7, 2023. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Meeting location: City Council Chambers at City Hall 300 E. Superstition Blvd Apache Junction, AZ 85119 apachejunctionaz.gov Ph: (480) 982-8002 City of Apache Junction, Arizona Meeting Minutes City Council Meeting 7:00 PM City Council ChambersTuesday, February 7, 2023 CALL TO ORDERA. Mayor Wilson called the meeting to order at 7:00 p.m. INVOCATION AND PLEDGE OF ALLEGIANCEB. Vice Mayor Schroeder gave the invocation and Councilmember Heck led the meeting attendees in the Pledge of Allegiance. ROLL CALLC. Mayor Wilson Vice Mayor Schroeder Councilmember Nesser Councilmember Heck Councilmember Johnson Councilmember Cross Councilmember Soller Present:7 - Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Jennifer Pena, City Clerk Joel Stern, City Attorney Al Bravo, Public Information Officer Michael Pooley, Police Chief Leslie DeReche, Finance Director Connie Chow, Finance Controller Liz Langenbach, Parks & Recreation Director Sidney Urias, Interim Planning Manager Erika Hernandez, Associate Planner Shane Kiesow, Public Works Manager Evie McKinney, Deputy City Clerk CONSENT AGENDAD. Councilmember Heck moved, seconded by Councilmember Nesser to approve the Consent Agenda. Yes:Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller 7 - No:0 Page 1City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes 1.23-035 Consideration of acceptance of agenda. 2.23-036 Consideration of approval of minutes of the regular meeting of January 17, 2023. 3.23-022 Consideration of approval of Resolution No. 22-25, a Federally Patent Easement (FPE) Extinguishment of Wagon Wheel Road (alignment) from Cactus Wren Street to Scenic Street for the purpose of future development with the acknowledgment that the current setbacks will remain in place until the Utility Easements are extinguished. This item was previously presented at the city council meeting held on January 17, 2023. AWARDS, PRESENTATIONS AND PROCLAMATIONSE. 4.23-059 Proclamation designating the month of February as "Teen Dating Violence Prevention Awareness Month". Mayor Wilson read the proclamation. Representatives from A New Leaf/Community Alliance Against Family Abuse, (CAAFA), and Apache Junction School Resource Officers came forth to accept the proclamation. REGIONAL INTERGOVERNMENTAL UPDATESF. 5.23-037 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Heck reported his attendance at the annual board retreat for Greater Phoenix Economic Council, (GPEC) where the year in review and projections for the coming year in the greater Phoenix metro area were discussed. He gave comparisons of wages and the cost of homes in our area to the national average. It was determined that the Phoenix metro area had always been an attractive location for new businesses due to the lower cost of living, but that is no longer the case. Because of this, GPEC is looking at other ways to attract businesses to the area. Vice Mayor Schroeder announced the newly elected officers to CAAG (Central Arizona Association of Governments) are Micah Powell with the City of Eloy as Chair, Al Gameros with the City of Globe as Vice Chair and Robin Benning from Queen Creek as Secretary Treasurer. He also mentioned grants have been renewed for current projects, and as of July 1, 2022, the population in Apache Junction is 38,851. Mayor Wilson attended the Central Arizona College, (CAC), ribbon cutting for Wilson Electric Training Facility, that will allow students to complete a hands on industrial wiring project. The course will be taught by CAC staff. Mayor Wilson recently attended an event that allowed him to converse with Senator Sinema and Senator Kelly, sharing with them some of the needs in our community, the upcoming retention basin project at Weekes Wash, and concerns on SR 88 and getting funds to help with that reopening effort. Page 2City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes City Manager Bryant Powell and Mayor Wilson attended the City of Mesa's State of the City address. CITY MANAGER'S REPORTG. 6.23-038 City Manager's Report. City Manager Bryant Powell announced special recognition recently given to Jodi Dutra, Recreation Assistant with our Parks and Recreation department. This recognition was given to her from the National Recreation & Parks Association, (NRPA,) as one of the "30 Under 30" young professionals thriving in 2023. Jodi works with the senior program, leads the Youth Advisory Council, and is heavily involved in the marketing team, videos, promotions and highlight programs of our area. She is a recent graduate from Arizona State University, (ASU). He expressed the success of the State of the City Address, and thanked everyone that was involved with the preparations, as well as the many citizens who attended. He gave special recognition to Matthew McNulty, Multi-Media Producer, for his efforts in the video productions and always making the City look good! 7.23-043 Presentation by Kevin Camberg of Fester & Chapman on the city's annual financial audit. City Manager Bryant Powell introduced Kevin Camberg of Fester & Chapman to give an update on the city's recent audit. Mr. Camberg thanked the Finance department for their cooperation during the process, and recognized them for their excellent efforts. He explained the audit process, and mentioned there were no adjustments to the audit this year. He provided in-depth detail on specific statements included in the audit, and stated the City is in an excellent financial position. He also emphasized that the City has received an Award of Excellence for the past several years. 8.23-064 Presentation, discussion, and update on the .2% sales tax dedicated to fund roadway maintenance and repairs. City Manager Bryant Powell announced at the time the .2% sales tax was passed by ordinance, it also stipulated an annual report is to be given. He then asked Assistant City Manager Matt Busby to provide an update. Mr. Busby explained this ordinance was approved in March of 2015 with a term of 10 years. He stated the revenues are on target as expected and highlighted the expenses as well. He provided a summary of the projects that have been completed using these funds. 9.23-039 Announcement of Current Events. Public Information Officer Al Bravo briefed council with the following upcoming events: Boys & Girls Clubs Of The Valley - Yesteryear Friend/Fundraiser April 8, 2023 5:00PM - 11:00PM 3301 S.Goldfield Road State of the City received 120+ attendees, and he thanked the many hands involved in making this another successful event. The event is now posted on YouTube. www.apachejunctionaz.gov/newsletter is the place to go to be informed of all upcoming events Page 3City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes PUBLIC HEARINGSH. 10.23-052 Presentation, discussion, public hearing, and consideration of proposed Ordinance No. 1532 (case P-22-93-PZ), a proposed rezoning of four (4) parcels located at the northeast corner of Southern Avenue and Coconino Drive from General Commercial (“B-1”) and Industrial by Planned Development (“B-5/PD”) to General Commercial by Planned Development (“B-1/PD”) and a Minor General Plan Amendment from Industrial to Commercial to facilitate a future lot combination. This item was presented and discussed at the city council meeting held on January 17, 2023, and a continuance to the February 7, 2023, City Council meeting was requested. Vice Mayor Schroeder moved, seconded by Councilmember Nessser that Ordinance No. 1532 be read by title only and the entire reading of the Ordinance be waived. Yes: 6 - Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Johnson, Councilmember Heck, Councilmember Soller No: 0 Recused: 1 - Councilmember Cross City Clerk Pena read Ordinance No 1532 by title only. Vice Mayor Schroeder moved, seconded by Councilmember Nesser that Ordinance No. 1532 as read by the City Clerk be approved. Yes:Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson and Councilmember Soller 6 - No:0 Recused:Councilmember Cross1 - Associate Planner Erika Hernandez gave a brief update on case P-22-93-PZ and mentioned this item was heard by council on January 17, 2023 and was continued due to a technicality in the agenda from that date. Mayor Wilson opened the public hearing, receiving no comments from the public he closed the public hearing. OLD BUSINESSI. NEW BUSINESSJ. Page 4City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes 11.22-796 Presentation, discussion and consideration of approval of award of contract to Viasun Corporation for the construction of curbing to the Apache Trail medians, from Ironwood Drive to Ocotillo Drive. The work will be through Pinal County Cooperative Job Order Contract No. 175623 in the amount of $345,520.75 plus a 10% contingency for unforeseen change orders in the amount of $34,552.07, for a total project cost not to exceed $380,072.82. Councilmember Cross moved, seconded by Councilmember Heck that the award of contract to Viasun Corporation for the construction of curbing to the Apache Trail medians from Ironwood Drive to Ocotillo Drive in an amount not to exceed $ 380,072.82 be approved. Yes:Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller 7 - No:0 Public Works Manager Shane Kiesow explained the location on Apache Trail that this project will include. The purpose of this project is to facilitate drainage and mitigate erosion, offer protection from pavement edge drop offs and to help beautify the median area. He shared photos of the previous phases involved, and stated this will complete all phases of this project. He explained the cost is within a comparable range to previous curb installs over the years, and that the project will begin the middle of March, 2023. Concerns shared from Councilmembers included why a small section was not colorcoded on the map as being complete or to be completed, and if the total amount "Not To Exceed" (NTE) was inclusive of contingency measures. Mr. Kiesow explained the small section not colored on the map has been completed, and the total amount NTE indeed carries with it the 10% contingency amount. 12.23-054 Presentation, discussion, and consideration of an award of contract to Cactus Asphalt for slurry seal treatment at various locations throughout the city. The work is planned to take place in March and April 2023 and will be through Pinal County Cooperative Contract No. 175923, in the amount of $563,000.55 plus a 10% contingency for unforeseen change orders in the amount of $56,300.05, for a total project cost not to exceed $619,300.60; the work will result in a new protective wearing surface prolonging street life. Vice Mayor Schroeder moved, seconded by Councilmember Nesser that the award of contract to Cactus Asphalt for slurry seal treatment at various locations throughout the city for an amount not to exceed $ 619,300.60 be approved. Yes:Mayor Wilson, Vice Mayor Schroeder, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller 7 - No:0 Public Works Manager Shane Kiesow summarized the areas remaining in the city that will be included in this project. It will begin in mid March, 2023. These areas were crack sealed previously as a customary practice of preservation. He explained the process of slurry seal and Page 5City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes the products used. He assured that coordination efforts have been worked out for traffic control due to the various special events scheduled in the next 2 months. Councilmember Johnson recognized Mr. Kiesow's thorough presentation qualities and thanked him for always explaining his projects with clarity. COUNCIL DIRECTION TO STAFFK. 13.23-019 Direction to staff on board and commission member selection; changing Apache Junction City Code, Volume I, Section 2-9-2, relating to the number of Public Arts Commission members, as well as the membership required involvement within the arts community. Councilmember Soller moved, seconded by Councilmember Heck that direction be given to staff to proceed with presenting Council an ordinance to amend the number of members from seven to five, with three being Apache Junction residents for the Public Art Commission AND amend the requirements of the member qualifications, but 1 must be a practicing professional. Yes:Mayor Wilson, Councilmember Nesser, Councilmember Heck, Councilmember Johnson, Councilmember Cross and Councilmember Soller 6 - No:Vice Mayor Schroeder1 - City Clerk Jennifer Pena reviewed the purpose of this item, which had been brought forth by Councilmember Nesser at a previous council meeting. She then requested Councilmember Nesser share her comments. Councilmember Nesser expressed due to the current qualifications required for some of the positions the seats remain vacant, and would like to discuss minimizing the number of current seats on the Commission. Council discussion brought forth the following thoughts: Disadvantage to citizens that have a passion for art but do not meet the criteria required Currently not all seats are filled due to not meeting the criteria Difference between a practicing artist and a practicing professional Minimum 3 of 5 seats should be held by Apache Junction residents How to minimize the Commission size, since there are currently 6 members City Attorney Joel Stern stated as the current terms expire, those seats would simply not be filled. 14.23-058 Direction to staff on various changes to the City Code, including: review of officers in Article 2-8-4: Parks and Recreation Commission; removal of Article 3-13-5: Parks and Recreation Department - Banner Placement and Supervision; and an addition within Article 3-13: Parks and Recreation Department to include management of trees and plants in public spaces. Councilmember Soller moved, seconded by Councilmember Nesser that direction be given to staff to have the Parks and Recreation Commission review Article 2-8 and Article 3-13 for proposed changes. Parks and Recreation Director Liz Langenbach provided an explanation for three (3) requests to revise city code regarding the Parks and Recreation sections. These requests would be further Page 6City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes discussed by the Parks and Recreation Commission, should direction be given from Council. The requests are as follows: The Parks and Recreation Commission no longer requires a secretary, as the department Administrative Assistant has historically been responsible for all meeting minutes and agendas, therefore, requesting removal of this required position. Additionally, in order to fulfill a requirement for Tree City USA designation, the department must be given specific responsibility to manage the trees and landscaping in public spaces, therefore, requesting the addition of these duties. The city no longer manages banners in the median and has moved to an electronic marquee system, therefore, requesting this section be removed. CALL TO PUBLICL. George Schroeder, 2444 W. Virginia St, Apache Junction, commented on the recent Apache Junction Police Department welfare check at his home. He also expressed concerns of the religious invocation given at all council meetings. Jeremy Jackson, 1353 S. Belair Rd, Apache Junction, thanked the City Manager and Jenny Hoffman for their recent efforts in assisting with trash set-up and removal, which allows him and his family to continue offering support to the homeless with meals. In addition, he reminded what it means to be a viable community, and that it takes caring and common sense. Eugene Barin, 1303 E. 18th Ave, Apache Junction, informed council of a recent code violation of his property and concerns he has in reference to B-5 zoning. Nola Perkins, 145 S. Palo Verde, Apache Junction, addressed the council regarding the dispensary located at 1985 W. Apache Trail and the events they host. Parking issues have again become an issue, the alley is blocked with cars, emergency vehicles would not be able to get into their neighborhood and several other violations that are occuring. She requested help from council for stronger enforcement of zoning regulations. ADJOURNMENTM. Mayor Wilson adjourned the meeting at 8:25 p.m. Page 7City of Apache Junction, Arizona February 7, 2023City Council Meeting Meeting Minutes ACCEPTED THIS DAY OF , 2023, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF , 2023. WALTER “CHIP” WILSON Mayor ATTEST: JENNIFER PEÑA City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the __________ day of _____________________, 2023. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of , 2023. JENNIFER PEÑA City Clerk Page 8City of Apache Junction, Arizona Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-078 Agenda Item No. 3. Agenda Date: 2/21/2023 Sponsor: Liz Langenbach In Control: City Council MeetingIndex: Consideration of approval of award of contract to CORE Construction for the Parks and Recreation Administration add-on to the Multi-Generational Center in an amount of $2,602,184.00 plus an additional 5% contingency of $130,109.20 for an amount not to exceed $2,732,293.20. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 300 E. Superstition Blvd. • APACHE JUNCTION, AZ 85119 • PHONE (480) 983-2181 • FAX (480) 982-2438 • TDD (480) 983-0095 City of Apache Junction Home of the Superstition Mountains MEMORANDUM TO: Mayor and City Council THROUGH: Bryant Powell, City Manager FROM: Liz Langenbach, Parks & Recreation Director DATE: January 24, 2023 SUBJECT: Award of Contract to CORE Construction for Parks & Recreation Administration Addition The Parks and Recreation Administration offices and storage are among the oldest municipal buildings in the city. This year, funds were set aside for design and construction to expand the multi-generational center (MGC) to accommodate these facilities. Additionally, at the November 1st, 2022 city council meeting, direction to staff was received to add a fitness /event deck to the roof of this expansion. The initial design phase has been completed and CORE Construction has submitted the Guaranteed Maximum Price proposal for this project. In addition to the construction of the building, we have included site preparation to move and accommodate utilities, and the demolition of the current administrative buildings. Staff recommends awarding a construction contract to CORE Construction for the Parks & Recreation Administrative addition to the Multi-Generational Center in an amount not to exceed $2,602,184.00 plus an additional 5% contingency of $130,109.20 for a grand total of $2,732,293.20. This item is scheduled for the February 6th council work session for discussion and will be brought back to a future meeting for final award. CONSTRUCTION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CORE CONSTRUCTION FOR PROJECT PR-22-01 PARKS & RECREATION ADMINISTRATION ADDITION THIS AGREEMENT made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and CORE CONSTRUCTION, an Arizona Corporation, ("Contractor"), sometimes collectively referred to as the "Parties" or individually as the "Party". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the services and infrastructure (the "Work") called for in "Exhibit A" - Contractor's estimate dated 01/25/2023 and "Exhibit B - Plans and Specifications (the "Contract Documents"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render such Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes ("A.R.S.") Title 34 and Apache Junction City Code Vol. I, Chapter 3, Administration, Procurement Procedures, or such work is categorically exempt from such process as per Article 3-7-7(I) - Job Order Contracting which refers to A.R.S. 34-603. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1 . PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner,the Work in accordance with and as more fully described in "Exhibit A" - Contractor's estimate dated 01/25/2023 and "Exhibit B- Plans and Specifications (the "Contract Documents"), including, but not limited to: A. New Construction of approx. 4,208 sf addition of parks and recreation administrative offices, storage space and associated site improvements pursuant to the Contract Documents identified herein as Exhibit A (Contractor's Estimate) and Exhibit B (Plans and Specifications) B. Physical Location of Project is: 1035 North Idaho Rd. Apache Junction, AZ 85119 2. PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor is an amount not to exceed Two Million Six Hundred Two Thousand One Hundred Eighty-Four Dollars and Zero Cents ($2,602,184.00) (the "Contract Sum") for the performance of the Work under the Contract Documents except for changes authorized by properly executed change orders (contingency), which shall not exceed an additional 5% of the Contract Sum, in the amount of One Hundred Thirty Thousand One Hundred Nine Dollars and Twenty Cents ($130,109.20) for a total of Two Million Seven Hundred Thirty-Two Thousand Two Hundred Ninety-Three Dollars and Twenty Cents ($2,732,293.20). All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Upon notice that the Work is ready for final inspection or acceptance, a City representative shall promptly cause an inspection to be made. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. Final payment shall not become due until the Contractor submits to the City all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor's obligations. If any subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorney fees. 3. CONTRACT TERM: The Term of this Agreement is February 22,2023 to April 30,2024. This provision does not limit the liability of Contractor for actual damages sustained by City as a result of any breach of contract or warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole 2 discretion, whether the Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents without requirement of a change order or any additional charge or cost to City whatsoever. 6. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted. Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materials at any time before final acceptance. Within one (1) yearfrom the date of final acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. In the case of Work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7. TAXES: Contractor shall pay all license, sales, consumer, transaction privilege, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract, and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provided to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, 3 and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or other licenses as may be required by the city code. Any activity by subcontractors within the corporate city limits will invoke the same licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the materials under any contract document. 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before work is performed. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 12. INDEMNIFICATION: To the fullest extent permitted bylaw, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with, or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have 4 resulted from the acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement, but only to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor or its subcontractors in the performance of this Agreement or any subcontract. Contractor's duty to defend, hold harmless and indemnify City, its special districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, Work or services Contractor may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City's approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or inequity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorney fees, necessary witness fees and court costs to be determined by the court in such action. 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all Work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the City, and any insurance or self-insurance maintained by City shall not contribute to it. 5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, Work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General-Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or the equivalent thereof. Such policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. 6 The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, or the equivalent thereof, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the Work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1 ,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limitfor bodily injury and property damage of not less than $1 ,000,000 each occurrence with respect to Contractor's owned, hired, and non- owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as broad as coverage code 1 , "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or the equivalent thereof). Such insurance shall include coverage for loading and off-loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the Work or services; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-901 etseq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the Work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and 7 covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Professional Liability Contractor retained by City to provide the Work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the Work or services performed by Contractor, or any person employed by Contractor, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ, 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's Work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and 8 its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by a City representative, issued after execution of this construction agreement authorizing a change in the Work or an adjustment in the construction agreement sum or the construction agreement time. A change order signed by Contractor indicates his agreement therewith. City may, without invalidating this construction agreement, order changes in the Work within the general scope of this construction agreement consisting of additions, deletions or other revisions, the construction agreement sum and the construction agreement being adjusted accordingly. All such changes in the Work shall be authorized by Change Order and shall be performed under the applicable conditions of this construction agreement. City representative shall have authority to order minor changes in the Work not involving an adjustment in the construction agreement sum or extension of construction agreement time and not inconsistent with the intent of this construction agreement. All such changes shall be affected by written order and shall be binding upon City and Contractor. 17. SUCCESSORS, ASSIGNMENT & DELEGATION: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder, without the written consent of the other, nor shall Contractor assign any monies due or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first-class postage prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other Parties within a reasonable time after the first observance of such injury or damages. 9 20. PAYMENT & PERFORMANCE BONDS: City shall have the right to require Contractor to furnish bonds covering the faithful performance of the contract and the payment of all obligations arising hereunder. 21. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 22. RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 23. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subcontractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 10 24. TERMINATION BY CITY: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the city manager or his or her designee, believes Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U.S. Mail ten (10) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City fails to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. 25. RECORDS: Records of Contractor's labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 26. AMENDMENT: It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her designee) shall be authorized to execute future amendments or extensions of this Agreement. 27. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the Parties hereto. Written and signed amendments shall automatically become part of the supporting documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 28. SEVERABILITY: City and Contractor 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, 11 regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement(and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the 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. 29. TIME IS OF THE ESSENCE: Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 30. CONFLICT OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 31 . PROHIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.S. §§ 35- 393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor under this Agreement engage in any such boycott against the State of Israel, this Agreement shall be deemed automatically terminated by operation of law. Any such boycott is a material breach of contract. 32. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor 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 to the services performed under this Agreement. As required by A.R.S. § 41-4401 , Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this 12 Agreement if the Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that the Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this 215' day of February 2023. CONTRACTOR: CORE CONSTRUCTION, an Arizona corporation By: Gary nk Its: Executive Vice President CITY: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Walter "Chip" Wilson Its: Mayor ATTEST: Jennifer Pena City Clerk 13 APPROVED AS TO FORM: Richard J. Stern City Attorney 14 STATE OF ,�► la-- ) ss. COUNTY OF MQ r�C� - ) �ua The fore oin was subscribed and sworn to �blefore me this Gv day of V , 20a T by e a5 1!� v1CQ Of CORE Construction. Inc, an Arizona Corporalion �1GS -- No ry Public My Commission Expires: o , Beth Kitt nger MA W + ov A3 -�, 1 Notary Public 'I Mancopa County,Arizona s ',= My Comm Expires 05-20 23 Comm ssion No 565222 STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was subscribed and sworn to before me this day of , 20 , by Walter "Chip"Wilson, as Mayor of the City of Apache Junction, Arizona,an Arizona municipal corporation. Notary Public My Commission Expires: 15 EXH I BIT A Contractor's Guaranteed Maximum Price City of Apache Junction - Parks& Recreation Administration Addition Project Project#PR 22-01 3036 East Greenway Rd. C 5RE Phoenix,AZ 85032 T 602.494.0800 F 602.992.0648 January 25, 2023 VIA ELECTRONIC MAIL City of Apache Junction Apache Junction, AZ Peoria JOC- P19-0034 RE: GUARANTEED MAXIMUM PRICE PROPOSAL I City of Apache Junction Parks& Rec Admin Addition Dear Ms. Langenbach, On behalf of CORE Construction, I am pleased to submit our Guaranteed Maximum Price (GMP) proposal for the City of Apache Junction Parks & Rec Admin Addition. GMP Summary: Total Guaranteed Maximum Price $2,602,184 Enclosed you will find the Basis of GMP Clarifications, GMP Cost Summary and Schedule of Values, an Enumeration of Documents, and a Construction Schedule. We look forward to a successful and enjoyable project together. Thank you for this opportunity, please do not hesitate to contact me directly with any questions or comments. Respectfully submitted, Tommy Zamora PreConstruction Manager CORE Construction www.coreconstruction.com City of Apache Junction Parks&Rec Admin Addition CORE® G7HPDJ1523 tOCAIICN Apache junction.AZ MCNII[CI Cale DURAIIOM—fte 8 S WAR"WAY'3)2 Sir[ACREAGE 0.76 SQUARE FO TAGI 4,069 BREAKOl1TS # Description Base Price BO e3 Demo Existing 80 al Site 80 e2 Bulking Ad-in Bldg t _ GR1 General Wiernents $32,766 S5J51 126,180 S1,435 MT M6te0al Testing S0,225 $4,113 $4.113 s0 FC Final Clean SlAss 5800 SI055 $0 1 Oernoldien se1,556 $26.878 SO $S4,678 2 HaE rdous Material Abatement (BY OWNER) SO SD s0 s0 6 SuevftwN5takjn4 S15.000 S9,000 $6000 SO 7 _ Earthwork&Paying _ $57.710 _ $57,710 SO so 8 Site Utilities 1S5,942 _ $8__5.942 SO SO 9 Is 'NOT APRICARE, s0 SO SO SO 10 Ory Utilities __ _ sEE_LIN_E rV SG so $0 SO 11 Scxl Treatment 561S $615 SO $0 14 Site g. &Sir - $15" S650 SO _30 is Eanaxaldn•&h,.Tation s27.774 f27,7i4 SO30 18 Fencing&Gates _ _ sio.388 $10.398 f0 so 19 Site Concrete $29,493 $29,493 SD 30 _ 20 Site Masonry $6,500 fis $ O SO 27 Buikigx Concrete $71.249 _ SO 173.248 __ S0 28 Structural Masom S146,195 SO S146,195 So 30 _ 51eel Package 1115.000 _ SO Si KODO to 31 Mi.Metals so 10 s0 ___ so 33 Rou Car n SIOA00 SO 110A00 10 30 Insulation 510,174 SO $10,174 40 Glass&Gla7ir $62,400 SO $62400 - s0 44 Fire S4.1g.rij&101nt Sealants $2,910 $0 $2,810 _ s0 47 Membrane Roofin: S90,000 SO 190,080 $O 10 Root SF—allies&Access«ins tSEE LINE e47) SO $D s0 f0 St Sheet Metal Flashir,;&Tnm SEE LINE 447) $D SO 10 So SS Finished Carrenlry&MMO k $29.649 $O $29.649 s0 56 HM Frames.Doors,&Hardware Sea,TOS _ SO 388.705__ s0 59 Metal Studs&Ci a8 Package $57,073 SO $67,073 $O 60 FRP _ GEE(IN( SO SO SO s0 61 PainN,xi S19,206 0 $19286 _ so 62 Acoustical Ceilings&Wall Panels $13850 30 $13.850 10 64 File Package _ _ _ $7,790 10 $7790 so 65 Flooring P.,kxi, $111S4 SO $11.IS4 W K Concrete Seal a.Grindin &Posh $11 089 s0 $11.00 SO 72 Window Shades&Grtains $2,613 s0 $2,613 $0 73 Sina3e Packa3e 53,350 _ s0 13,350 so 75 Toilet Partitions&Accessories,Fire Ext,&Curner Guard, S2 122� $D 12.122 $0 4. 86 Residential Tian e:. 8YOWNERi s0 s0 s0 _ s0 92 FF&E (BY OWNER s0 so s0 $0 97 Fire 5,inkier 5,tem. it5,600 SD S1S.60D s0 98 Plumbin Sr tem. S110.950 SO $104.350 $6.600 99 HVACsraemt _ 2141 J90 10 $141,790 SO 101 Test&Balance $1,0s0 10 51.050 f0 102 Electricals Hems S200,249 s0 ;1$41183 $5.000 103 Fire Alarm ems S17.433 $0 So 109 SlructUFed(ab em $39,e12 SO so 110 Securi�/Ae:esi Control 5�•fte-n 533,142 __f0_ so 111 Audio Visual �le-n DV OWNEN SO SO SD ).as Construction Conlin Fe,ts66 $12,272 _ S3.419 2.0% D—n Cont^,im tS2.04.1 $8.181 SESCaI8600 Allowance 526,02z Sa 091 , I I , Estimate Amount 80 41 Site 00 e2 Bulking BO e3 Demo Existing Admin Bldg Estimate Total $2,602,184 $409,051 $2,079,160 $113,973 City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ C111 REO 1/2 5/23 The Basis of Estimate is a written explanation clarifying the scope, assumptions and exclusions used in establishing the GMP estimate dated January 25th, 2023. All costs are based on CORE's incorporation of the scope shown on the 12/20/2022 Design Development documents and the scope clarifications below. ASSUMPTIONS, CLARIFICATIONS, & EXCLUSIONS Schedule • See attached schedule. Contingency • Construction Contingency of 3% ($78,066 direct cost) is included in this proposal -Construction Contingency is intended to be used at CORE's discretion to cover costs that have not been identified as a trade specific scope on the GMP setting documents and may require further clarification or coordination. These costs may include scope gap, coordination 'ssues between trades, and missed scope during the subcontractor bidding process. Construction Contingency does not account for design revisions or additional scope requests made by the Owner or Architect. • Owner/Design Contingency of 2% ($52,044 direct cost) - is included in this proposal - Owner/Design contingency is intended to be used at the Owner's discretion to cover unforeseen conditions, design revisions, or additional scope requests made by the Owner and/or Design Team. Allowances • "Allowances" are considered to be an allotted sum of money included for a particular system or scope of work for which sufficient detail is not available to determine a definitive cost. A reasonable estimate for an assumed scope and quality is included as a placeholder. The Owner receives the savings for any amount under the allocation and is responsible for any amount over the allocation. We have included the "Allowances" listed below: 1. Escalation Allowance is included in this proposal- $26,022 (direct cost) a) This allowance is included on the Schedule of Values below Contingencies &Allowances and is intended to be used to cover the industry-wide fluctuation and cost increases due to escalation of materials, equipment, or products costs between the date of this GMP proposal and the time when thejob is ready for the installation of the affected material. If there is an increase in price of materials, equipment, or products, this allowance shall be used to cover these increased costs, provided that the Contractor gives the Owner written notice and documentation of the increased costs. www.cor•construction.com Page 2 of 15 City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ CORE 1/2S/23 Alternates • There are no alternates. General Assumptions • This GMP proposal is valid for 15 days. • Any cost savings from approved value engineering after executed GMP will be added to the CMAR's Construction Contingency. • CORE has not included any costs for building permit, mechanical/electrical/plumbing permits. We have included a Dust permit and NESHAP for the demo. • We assume normal working hours. • This GMP proposal includes all costs related to warranty as required in the contract. • This estimate proposal is considered a Lump Sum, not line item proposal. • We acknowledge the following Geotechn:cal Report issued by RAMM: • Geotechnical Report Project No.G28630 dated October S, 2022. • Normal shrinkage cracking of the slab is expected and shall not be cause for removal or replacement of structurally sound slabs • CORE does not recommend or endorse any specific topical vapor moisture barrier as they have proven to promote Alkaline Silica Reaction (ASR). In addition, CORE does not recommend installation of an under-slab vapor barrier at areas where polished or sealed concrete will be the finished product. It is our experience that using an under-slab vapor barrier will contribute to slab curling which will affect the final appearance on concrete grinding, especially for"salt-and-pepper" light aggregate exposure finish. • CORE has included slab-on-grade concrete with a higher Water/Cement (W/C) ratio and omitted vapor barrier wherever floor coverings are not included. All W/C ratios for non-structural slab-on-grades will be reviewed, evaluated, and subject to modification by CORE. This would include all polished and sealed concrete areas. • CORE has not included any existing relocation or new off-site street lighting, Fire Department crossing lighting, or other off-site improvements. • The following agreed to hourly rates will be used to determine and define "Actual Costs". The Actual Costs for each of the agreed to rates includes all normal and customary payroll paid by the Contractor plus all fringe benefits, taxes and insurances. Standard Rate Overtime Rate PreConstruction: Director of PreConstruction $159 - PreConstruction Manager $132 - Asst. PreConstruction Manager $98 - PreConstruction Coordinator $74 - Project Management: Project Director $159 - www.careconstruction.com Page 3 of 15 City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ CORE 1/25/23 Sr. Project Manager $144 Project Manager $132 Asst. Project Manager $103 - ProjectEngineer $92 - Scheduler $107 - Virtual Construction Director $132 - Virtual Construction Manager $107 - Construction Coordinator $79 - Project Accountant $83 - Contracts Administrator $72 IT Technician $75 - Intern $43 $6S Field Operations: Director of Field Operations $166 - General Superintendent $1 S9 Sr.Superintendent $152 - Project Superintendent $130 - Asst.Superintendent $107 - Safety D;rector $109 - Carpenter $84 $126 Water Truck Driver $81 $122 Painter $81 $122 Laborer $64 $96 Note:All rates may be subject to a 5%increase on June 1, 2023 Specific Exclusions to GMP a. Asbestos Abatement(assumed by Owner) b. FF&E - Furniture, Fixtures, and Equipment c. Special Systems other than Fire Alarm, Structured Cabling, and Security&Access Control d. Residential Appliances e. Special Inspections f. Security Cameras (pathways only included) g. New domestic water service. It is assumed that domestic water can be tapped from exisitng building's internal piping. h. Drywells i. Improvements, upgrades, and maintenance to the existing building j. Upgrading the exis�tng building's Fire Alarm Panel k. The following specification sections are excluded and assumed not to be required: 0 073216 Concrete Roofing Tiles 0 04300 Masonry Wall Insulating Spray Foam Fill 0 078100 Applied Fireproofing I. The following are excluded and assumed to be by Owner or Owner's vendor: o Hazardous Material (Asbestos)Abatement 0 www.coreconstruction.com Page 4 of 15 ® City of Apache Junction Parks& Rec Admin Addition Apache Junction, AZ CORE 1/2 5/23 o Gas o Salvage and Relocation of any existing equipment or furn,shings o Intercom, Paging, and Clock Systems o Aud'o and Video Equipment of any kind including Monitors, Smart Boards, Projectors o HVAC DDC Controls Systems o Delivery and Installation of all above Other Scope Specific Assumptions and Clarifications: LINE ITEM 1 1 Demolition 1. We have included: v Demolish and remove the existing Multi-Generational Center modular buildings. Includes the following. ■ Demolition and removal of existing buildings, trees, and sidewalk. ■ Mass grading required to level existing building pads. ■ The exisitng building pad will be covered with new decomposed granite. ■ Electr"cal service will be made safe and capped at grade. ■ Plumbing serv'ce (domestic water and sewer) w.'ll be made safe and capped at grade. 2. We have NOT included: c Remove and/or replanting saguaro cacti LINE ITEM 8 1 Site Utilities 1. We have included: v Temporary fencing needed for sewer line replacement o New sewer service o Native soil backfill at new sewer in lieu of sack slurry 2. We have NOT included: o Domestic Water, Fire, Irrigation, Gas and Storm Water services or adjustments to exisitng utilities. o Manholes o 1/2 Sack slurry backfill for sewer line per City of Apache Junction Detail AJ-200M, Type S. LINE ITEM 14 1 Site Signage & Striping 1. We have included: o Handicap stall stencil o Handicap stall yellow markings o Yellow loading striping o Parking Stall Striping www.coreconstruction.corn Page 5 of 15 City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ CORE 1/2 5/23 LINE ITEM 15 1 Landscaping & Irrigation 1. We have included: o Decomposed granite o Fine grade rake o Rip Rap at RDL's o (2 EA) 36' Box Tree using existing irrigation 2. We have NOT included: o Plantings per sheet L-100 o Irrigation o Steel landscape headers o Fractured granite LINE ITEM 18 1 Fencing & Gates 1. We have included: o (2 EA) HVAC Screen Wall Gate, S' x 6' LINE ITEM 19 1 Site Concrete 1. We have included: o Concrete loading ramp o Concrete Footing 1' x 2' - HVAC Screen wall LINE ITEM 20 1 Site Masonry 1. We have included: o HVAC Screen wall with precast cap as shown below t / Q sc.a c.a / / / / / `0 Masonry Walt Or / Sleel gate www.coreconstructlon.com Page 6 of 15 fl�ll�[Ill[11 I➢IIIfII0lI1111IIL[II[I ll[I1I�[ 1I11� �Illll>�IIa[[IIIIII[III�� _ �l u ll�llmom t1m _ _ _r...-,-, ..-yam___�'����_r��t:{���-�%MNirWM■.w.11rw.riw��{O��_�_!��_�_��-'M_.-.: _.i.-i■'i__-.iii.riwii _ ------�ssw•wr._s____r_' r uMr�..www■_ _ M. ■•.+._� '•__rrwrvr u. ■... -_� ■ ..rrrOHM,., r ww - rrr.-rrww_w__r '.rLi.r�.:.:1�•r� .r-.:f �r i?��_i��-wa 7.^i}�rrrrrrrrwwrr■ww� _ __ ■ _ r,�rr..a.���_�w___w � � r■ r.w■--ww ww�.......i�___• __s_rrr ■ ' � 'E ,�r _ •___ __-rrrrrrr urir■ i__ir__o_ :�=.. �r..www-s__ =C=E ■.rr. ~rw ■ ■ �_.■ L wwawwr_. rrr____.■�.:-.Tii ■.rr. _ _ . __■ ■rr�r.rr.rr ..ww: •.:a___-__- .■i-rye iw-�i_�-� _ _ .rr•. wwwww-___ ■ _ _.�1_r11_• ■r-r• __-__-_r. ._r.r wwww- ■ =' _vu ■__. .rruwww__ww• ■._ r-_ura srrrr iwr•___-___ r �rwrw■ w ___�� �t, •�-rrrrMrwwr ._w7: L_.L- _• ■ rLrwww____•� F�i�.�rrr ------ -__J'___r_ --- ■•rr■ L�.w_i -err •_ ..r_r_r_n._ww __-_r�u ■_. ■ �rr,r Lrrw.�www_• �-jr_ -__r' r■■ __ • rr■ r•_____w_. ir urri�wrur ow- r .rr'rr. iw�•_.:r _-�_-+■ ■rr.• w_�__r___-_ ! E • .L'_rLri=r=rr• •wru �r ■ • _■. awi--- o © m o © © m o o © m o © m o IN a ��f�I�___� ����I�I11111IlIfIIIIllffl111111f1�I11111f��1� ��[Illlll)IIIIIIII�IIII�IIIIII�k�l�y[��11f�IIlllflllfi���IUiIIIIf1DIE���I��[IIIII�l�� IMILM --- - -- _- City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ CORE 1/2S/23 c: Misc. backing and blocking o Plywood at IDF room LINE ITEM 38 1 Insulation 1. We have included.- 0 R-38 unfaced fiberglass batts (Wired) at underside of roof deck 0 R-13 unfaced fiberglass batts at exterior furred walls c R 13 unfaced fiberglass batts in 4' interior walls o R-19 unfaced fiberglass batts in 6" interior walls 2. We have NOT included. 0 Rigid insulation o Foam insulat;on LINE ITEM 40 1 Glass & Glazing 1. We have included: 0 11' Level Exterior Storefront System and Door(101A)-Type 1 0 2"" Level Exterior Storefront Systems and Doors (201 A &201 B)-Type 5 o Exterior Windows-Type A o Interior Windows-Type B 2. We have NOT included: o ADA Door Operators LINE ITEM 44 1 Fire Stopping & Joint Sealants 1. We have included: o Roof drains o Louvers o Concrete cap at masonry walls o Floor to CMU wall o Interior floor sawcut joints o Control joints in hardscape o Exterior HM Door Perimeter www.coreconstruction.com Page 8 of 15 City of Apache Junction Parks & Rec Admin Addition Apache Junction, on CORE 1/25/23 LINE ITEM 471 Membrane Roofing 1. We have included: o 60 mil TPO roofing membrane mechanically attached through 1/2-inch coverboard and 1-inch 60 ps' insulation to metal deck, tapered crickets 60 psi adhered, and wall base flashings terminated to 12- inches above roof surface. o Parapet coping o Pavers (24 x 24 x 2 locally found) over pedestals LINE ITEM SS 1 Finished Carpentry & Millwork 1. We have included: 0 4' Wide workroom island 0 Solid Surface Countertops o Plastic Laminate Cabinets o Steel supports in wall at lobby transaction countertop v Additional countertop workstation desk, tall cabinet, and upper cabinet in the workroom as shown below. I L 1 sl I I I I Is I I I I Its I NY 4 to 20 2 6 2a N ti OPT II II e f F �M CH JET I o t t - ' 20 t ' 2.6- 2'-6- i-6- 2-0" tfT-6 r-0' LINE ITEM S6 1 HM Frames, Doors, & Hardware 1. We have included: o (4 EA) HM Frames 14G A60 o (6 EA) HM Doors 16G A60 Seamless Edges • Door 109C 60min rated www.coroconstruction.com Page 9 of 15 City of Apache unction Parks & Rec Admin Addition Apache Junction, AZ C111 REO 1/25/23 o (15 EA) Wood Door o (15 EA)Western Integrated KID Aluminum Door Frames with 304-2 2" Snap-on trim —Clear Anodized o (1 EA)Western Integrated KID Aluminum W"ndow Frame with 304-2 2" Snap-on trim—Clear Anodized 2. We have NOT included: o ADA Door Operators LINE ITEM S9 1 Metal Studs & Drywall Package 1. We have included: 0 5/8" Glass-Mat moisture resistant gypsum at Tile walls v 5/8" moisture resistant gypsum at wet walls o Gypsum finish to be Spray-on Orange Peel Texture 0 FRP LINE ITEM 61 1 Painting 1. We have included: o Interior gypsum o Exterior CMU (Water Repellent or Paint) o Exposed ceilings o Guardrails (Hight performance coating) o HM Doors/frames 2. We have NOT included: o Painting the existing building LINE ITEM 62 1 Acoustical Ceiling & Wall Panels 1. We have included: o Armstrong Dune 2x2 Tegular with 15/16" Grid system LINE ITEM 64 1 Tile Package 1. We have included: 0 12" x 24" Group 1 porcelain tile o Epoxy grout 0 www.coreconstruction.com Page 10 of 15 City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ C111i REO 1/25/23 LINE ITEM 65 1 Flooring package 1. We have included: o Carpet - Shaw, Transparent 59563, Color TBD, 24"x24" o Rubber Base, 4" Coved - Color TBD LINE ITEM 66 1 Concrete Sealing, Grinding & Polishing 1. We have included: o Polished Concrete— Level 3, Class B o Sealed Concrete 2. The follow;ng Levels and Classifications will be used to describe each flooring finish type: (The charts below are from the American Society of Concrete Contractors—Concrete Polishing Councio: CONCRETE POLISHING COUNCIL -- - - CONCRETE POLISHING COUNCIL POLISHED CONCRETE POLISHED CONCRETE AGGREGATE EXPOSURE CHART APPEARANCE CHART �-�.dam Cu 19 NAYE SURFACE EXPOSURE,% LEVEL MAY£ OISIMCTNESS 0Fas1A0E IMIGLOSS IIMGE ClAR1TY NALE VALUE% INDEX ES- Cemenf f Mf flat Images el Dept.ne.9,elfe Cled nave a eat A Cement Fnea 5-15%F—A pgrtgdle I 1faplrlsdl appa ardMe q-g 0 Fne Aggregate LS-95%Frye,Aggrcgdte 2 Sal. Image,of obpels berg yell—e l nave a mane 5-t5%Bk.d of Cemem FNl.a ana Lealfe Aggrtgale ("Weds appearance C Coarse 0.pgrtgale /I0q-_90 tl%Coarse o lACNetmtgenalt ef nef an0 Fne Aggregate 3 Imges.f ocl tenlyfl—ee dot pare a 0 Pebnea shap 40 69 WennSed Agglegdle e•powfe class denotes me surface eap0fgfe albs .A and h imagas 01 a"C"beep leftcled h—a sharp doe q rp a Coal mg operaltans the densely a P„okshed tray aCrot ratite As would"seen In a near.rmnor 70 10D and dn=,on of the aggregates at the surface depend,on the tantree,rtU de,gn and Mac"and hn kle reeett .May require gn—g .h"dperatpnS FI00r eaNeas a1 Dro true of gnndpq and pobhnq operahenf n an-patent-ons,d—bon n SeIect r q the apprapnafe aggregale evposule Class •:,slncbte—.r Image co,Gbss Sufute a 01.1e pe—U ge,ere ea,ed art vauY aesenatgn of mt OveraS area of Me Poalhed flow •D.:a The fnarpae Sl 01 rriagaf or obpcb po0ucetl by Ieeeceon at a pOklned funace sometimes ca."-age CWray •Me' sulerhent by Image ufey Meter IASTM 05767)The COI 1."t CWrdy Value obsaned h—My, ]1I715T1'7SIon of DI{rery aces In Class w M p O arX sell—th.d ra nqe hom:10 IN rNh a rape 61 100 regexnenq pejetl DO1 tlmage Cldrrt, �F •.aze •.a.•e.me<ladrneff a miry apptdrarbe al—ages of obpcls produced M+teaeon n a pobhetl w.la<e •Lltasurement fly Cbsamtler(ASIIA Oa039)The hl—lnder poum<d trpm nua tell method n.. 4 tom. Wled usnq Ore numeric tlrTefence trotween m<ralre of spetular gbfs a160'aM the value Of fpaCWar gloss at:0 :��' N Mea sufemenls fof:.Ompkanta f-� •The Image Meter and GlOssmeln must o<Cakh a[ed and used n auwdance wah ASIM D5767 •����, ��, �+ andASIM 040 Da019 �r J• _ i1..�� �y Iys�'�+ �� •The mnmum num0er of tells dalnMOed dClOU the pdnhed SunMe Should be lhrte 10r areas up 10 �R l• �Ms j.I•'Shy•-X 1<� • 1000 flt and onNIH age aKa Curdy Value and.ate Ind.[ •the mun.average values Of}Ire 1es1 resud5 should ee ufM f0 avd4 ale COmphance wqh Uro char] Caution This povdef a mual reprefentatpn Ol me ace renter n Cla of A.Band C Tnn may not r<peaent NQ pC►fhtd COMlete m your area elf a VdrK1 eaf eel ail dpgfegale ripe,gfa0atio-n,Site and dnf DV4an Consult rnth your CPC frob5hnq Conl—tor l0 see febrenee sdmpks or mockups C oaxl)roar[oaar,r PJbaSmaC -111C0C1<m4aaw ar 9aCDt Hater a(la,)f:}.ao•tw a7 oalla<Ei¢pdmS$,w<salol,ort mar PX,caar.fr AoNAlrry enaNrl,r;gSdMaaab u1k 171:11utfnrA[FIn YlJ Ni14v 6F irate-SrAaLx�uXaWleas .n6 an7 parse P-EC-II AL(ERICA11SCOETYOFCOFICRETEC011TRACTORS Er Ar. I— AYERICAN SOCIETY OF COnCRETECONTRACTORS Aggregate Exposure Classification: a) "Cement Fines" = Class A grind b) "Fine Aggregate" = Class B grind c) "Coarse Aggregate" = Class C grind www.coreconstruction.com Page 11 of 15 ® City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ C011E 1/2 5/23 Polished Appearance Classification: a) "Flat-Ground" - Level 1, 0%-9% image clar,ty b) "Satin - Honed" = Level 2, 10%-39% image clar ty c) "Polished" = Level 3, 40%-69% image clarity d) "Highly Polished" = Level 4, 70%- 100% image clarity LINE ITEM 72 1 Window Shades & Curtains 1. We have included: o Interior and exterior mini blinds LINE ITEM 73 1 Signage Package 1. We have included: 0 Room Signage n Vinyl Window decal for entrance to read "Parks & Recreation Administration" 2. We have NOT included: o Marquee Sign o Building letters or address numbers o Monument sign LINE ITEM 75 1 Toilet Partitions & Accessories, Fire Ext., & Corner Guards 1. We have included: o Grab bars o Mirror o Waste Receptacle o Mop and Broom Holder o (4 EA) 51b fire extinguishers and bracket o (4 EA)Corner guards LINE ITEM 97 1 Fire Sprinkler Systems 1. We have included: v Extending the existing fire sprinkler system from the exterior soffit that is being removed. o Design and permit o Wet stand pipe overhead sprinkler system Q5www.coreconstructlon.com Page 12 of 15 ® C:ty of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ CORE 1/2 5/23 LINE ITEM 98 1 Plumbing Systems 1. We have included: 0 2" Domestic water piping to feed new addition will be piped through buidling as shown below. i LINE ITEM 991 HVAC Systems 1. We have included: o Thermostat controls o Trench and backfill for refrigerant lines 2. We have NOT included: o DDC Controls System LINE ITEM 102 1 Electrical Systems 1. We have included: o Electrical service to be mounted to the underside of track deck rather than underground exterior o Wall pack exterior lighting to be dark sky compliant o 6" can exterior soffit light www.careconstruction.com Page 13 of 15 ® City of Apache Junction Parks &Rec Admin Addition Apache Junction, AZ C4PRE 1/25/23 O d I e II ,I I YYYYY�'Y "'YYY==YY _ 2 A402 O 1 1'J' II I I X2 -- 1 I I I i I I � I o Weatherproof exterior receptacles <: Low voltage pathways (Fire Alarm, Security, IT Cabling) c Rough in for (3 EA) security cameras o One side of workroom island to have 220v/240 ded�cated circuit for laminator.Also, a standard duplex receptacle. o Relocating one EV blink charging station LINE ITEM 103 1 Fire Alarm Systems 1. We have included: o Alterations as needed to the exisitng Multigenerational Center Notifier Addressable Fire Alarm Panel for the new 4000 SF addition. o Shop Drawings, w;r:ng, installation, device terminations, panel installations, programming and final certification testing. 2, We have NOT included: o Upgrading the existing Multigenerational Center Fire Alarm equipment LINE ITEM 109 1 Structured Cabling Systems 1. We have included: o (1 EA)Wireless Access Pont at second level o Fiber from 2°a level exisitng IT room to pullbox outside of new addition IT Room o Data drops to exterior weatherproof receptacles ,o HDMI Cable ran through floor box outlet to TV location 0 www.coreconstruction.com Page 14 of 15 REO City of Apache Junction Parks & Rec Admin Addition Apache Junction, AZ 111 1/25/23 LINE ITEM 110 1 Security/Access Control Systems 1. We have included: c Keyscan system panel v Card readers at exterior doors that drawings are not showing o Door Open button at receptionist o (3 EA) Security cameras, cabling, and programming these devices to the exisitng system. www.coreconstruction.com Page 15 of 15 Schedule � 0 §� # I § � , � ® ! � A . � & ' T 3' . i ■ . � � � } , $ ƒ % ' \ §\ ' �» / J 2 w in � ] 3 . , J - k u R - , A -T3 , 1�1 - . - , - 3 ! t f ) { \ L / 2 E \ { f \ k a � � - \ � & \ \ \ k ( , u c a & # a '� k \ / \ \ % \ t E ` / \ ) { a a \ R .y F g ® \ § k k ) i 2 § ) f t ` \ ^ ® 0 a £ co 3 % \ } a a- / [ ) EXHIBIT B Project Plans &Specifications City of Apache Junction - Parks & Recreation Administration Addition Project Project#PR 22-01 SHEET INDEX ARCHITECTURAL DRAWINGS DATE ADDENDUM NO.01 A001 COVER SHEET 12-20-2022 A002 SHEET INDEX.CODE ANALYSIS.EXITING PLAN 11-16-2022 A101 OVERALL SITE PLAN 11-16-2022 A102 DEMO SITE PLAN 11-16-2022 A103 NEW SITE PLAN 11-16-2022 A110 SITE DETAILS 11-16-2022 A201 FIRST FLOOR-FLOOR PLAN DEMO 11-16-2022 A202 FIRST FLOOR-FLOOR PLAN NEW 11-16-2022 A203 SECOND FLOOR-FLOOR PLAN DEMO 11-16-2022 A204 SECOND FLOOR-FLOORIROOF PLAN 11-16-2022 A210 FIRST FLOOR-RCP PLAN 11-16-2022 A301 EXTERIOR ELEVATIONS 11-16-2022 A310 BUILDING SECTIONS 11-16-2022 A401 WALL SECTIONS 11-16-2022 A402 WALL SECTIONS 11-16-2022 A501 TYPICAL MOUNTING HEIGHTS INTERIOR ELEVATIONS 11-16-2022 A601 ENLARGED TOILET ROOM PLAN AND DETAILS 11-16-2022 A801 DOORS AND WINDOW SCHEDULES 11-16-2022 A901 BUILDING DETAILS 11-16-2022 CIVIL DRAWINGS DATE G-001 COVER SHEET 12-05-2022 12-20-2022 C-001 NOTE SHEET 12-05-2022 12-20-2022 C-002 GRADING PLAN 12-05-2022 12-20-2022 C-003 UTILITY PLAN 12-20-2022 C-004 PAVING PLAN 12-20-2022 LANDSCAPE DRAWINGS DATE 1_100 CONCEPTUAL PLANTING PLAN 11-16-2022 NP1100 NATIVE PLANT PRESERVATION PLAN 11-16-2022 STRUCTURAL DRAWINGS DATE S001 LEGEND SHEET 12-15-2022 S002 GENERAL STRUCTURAL NOTES 12-15-2022 S003 SPECIAL INSPECTION SCHEDULES 12-15-2022 S201 FOUNDATION PLAN 12-15-2022 S202 LOWER ROOF FRAMING PLAN 12-15-2022 S401 TYPICAL FOUNDATION SCHEDULES AND DETAILS 12-15-2022 S402 MASONRY TYPICAL SCHEDULES AND DETAILS 12-15-2022 S403 MASONRY TYPICAL SCHEDULES AND DETAILS 12-15-2022 S404 STEEL SCHEDULES AND TYPICAL DETAILS 12-15-2022 S501 FOUNDATION DETAILS 12-15-2022 S701 FRAMING DETAILS 12-15-2022 MECHANICAL DRAWINGS DATE M0.1 MECHANICAL LEGENDS AND NOTES 11-16-2022 M1.0 NEW MECHANICAL FLOOR PLAN 11-16-2022 M2.0 MECHANICAL SCHEDULES 11-16-2022 M3.0 MECHANICAL DETAILS NOTES AND SCHEDULES 11-16-2022 PLUMBING DRAWINGS DATE P0.1 PLUMBING COVER SHEET 11-16-2022 12-20-2022 P1.0 PLUM81NG WASTE AND REIOD FLOOR PLAN 11-16-2022 12-20-2022 P1.1 1ST FLOOR PLUMBING FLOOR PLAN 11-16-2022 12-20-2022 P1.2 2ND FLOOR PLUMBING FLOOR PLAN 12-20-2022 P2.0 PLUMBING SCHEMATICS 11-16-2022 12-20-2022 P3.0 PLUMBING DETAILS 11-16-2022 12-20-2022 ELECTRICAL DRAWINGS DATE E001 ELECTRICAL LEGENDS 11-16-2022 12-20-2022 E002 ELECTRICAL GENERAL NOTES 11-16-2022 12-20-2022 ES101 ELECTRICAL SITE PLAN 11-16-2022 12-20-2022 E101 ELECTRICAL LIGHTING PLAN 1ST LEVEL 11-16-2022 12-20-2022 E201 ELECTRICAL POWER PLAN 1ST LEVEL 11-16-2022 12-20-2022 E202 ELECTRICAL POWER PLAN 1ST LEVEL 11-16-2022 12-20-2022 E301 NEW MECHANICAL FLOOR PLAN 11-16-2022 12-20-2022 E401 ONE-LINE DIAGRAM 11-16,2022 12-20-2022 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-046 Agenda Item No. 4. Agenda Date: 2/21/2023 Sponsor: Michael Pooley In Control: City Council MeetingIndex: Presentation of 25-year Service Award to Lt. Thomas Parker of the Apache Junction Police Department. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-075 Agenda Item No. 5. Agenda Date: 2/21/2023 Sponsor: Chip Wilson In Control: City Council MeetingIndex: Brief summary of intergovernmental updates from mayor and councilmembers. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-076 Agenda Item No. 6. Agenda Date: 2/21/2023 Sponsor: Bryant Powell In Control: City Council MeetingIndex: City Manager's Report. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-077 Agenda Item No. 7. Agenda Date: 2/21/2023 Sponsor: Al Bravo In Control: City Council MeetingIndex: Announcement of Current Events. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-048 Agenda Item No. 8. Agenda Date: 2/21/2023 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of application for a new Series 10 Beer and Wine Store Liquor License for Circle K Store #1556 located at 2360 W Broadway Avenue, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Home of the Superstition Mountains City of Apache Junction 300 East Superstition Boulevard  Apache Junction, Arizona 85119  www.ajcity.net February 21, 2023 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 10 BEER AND WINE STORE FOR CIRCLE K STORE # 1556 An application for a Series 10 Beer and Wine Store Liquor License has been submitted by Maria Danielle Burgess of Circle K Store # 1556, located at 2360 W. Broadway Avenue, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on December 27, 2022 and the Apache Junction City Clerk’s Office received the application from them on January 3, 2023. The applicant was notified by phone and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by February 25, 2023. State of Arizona Department of Liquor Licenses and Control Created 12/27/2022 @ 03.30:29 PM Local Governing Body Report LICENSE Number: Type: 010 BEER AND WINE STORE Name: CIRCLE K STORE#1556 State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 2360 W BROADWAY AVENUE APACHE JUNCTION,AZ 85220 USA Mailing Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (480)983-2813 Alt. Phone- (520)518-0046 Email: AZLICENSE@CIRCLEK.COM AGENT Name: MARIA DANIELLE BURGESS Gender: Female Correspondence Address: LICENSING DC-36 PO BOX 52085 ill1017NIX.AZ 85072-2085 USA I'hone: (520)518-0046 All. Plione: Email: ALl_ICINSE-@CIRCLEK.COM OWNER Pauw I of 6 Name: CIRCLE K STORES INC Contact Namc: MARIA DANIELLE BURGESS Type: CORPORATION AZ CC File Number: 1:00065980 State of Incorporation: AZ Incorporation Date: 04/08/1957 Correspondence Address: LICENSING DC-36 PO BOX 52085 13I-]OEN1X,AZ_ 85072-2085 USA Phone: (520)518-0046 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM Officers/Stockholders Name: Title: °o Interest: CIRCLE K DELAWARE INC Stockholder 100.00 KATHLEEN K CUNNINGTON President,Sec,Treas, Director MARIA DANIELLE BURGESS Asst. Secretary MORTEN MICHAEL JENSEN VP COUCHE TARD US INC - Stockholder Name: MACS CONVENIENCE STORES INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phonc: (602)728-4783 Alt Phone: Email: AZLK ENSE@CIRCLEK.COM MACS CONVENIENCE STORES INC - Stockholder Name: COUCI I TARD INC Contact Name: KliM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC Bile Numbei. State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO 13OX 52085 11I.10ENIX.AZ 85072 USA Phone: (6112)728-4783 Alt. Phonc- I:mail: ZI..lt'l-NS1-(a CIRCLEK.00M Page 2 o t) COUCHE TARD INC - Stockholder Namc: DE:PAN ESCOMPTE COUCIIF TARD INC: Contact Name: KIM KENNI EII K\VIATKOWSKI 'type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 130 130X 52085 PI IOENIX,AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE a CIRCLEK.COM DEPAN ESCOMPTE COUCHE TARD INC - Stockholder Nance: ALIMENTATION COUCHE TARD INC Contact Name: KIM KL-NNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM CIRCLE K STORES INC - Stockholder Name: CIRCLE K DELAWARE INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICE:\SING DC-36 PO BOX 52085 PHOENIX.AZ 85072-2085 USA Phone: (602)728-4783 All. Phone: Emaii: f\ZI_ICENSI--@CIIZCLEK.COM Page 3 of CIRCLE K CORPORATION - Stockholder Name: COUCI IF -HARD US INC Contact Name: KIM KWIA I'OKSKI Type: CORPORATION AZ CC bile Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 1-10 130X 52085 PHOENIX.AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE(i)CIRCLEK.COM CIRCLE K DELAWARE INC - Stockholder Name. CIRCLI K CORPORATION Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: AZ Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM ALIMENTATION COUCHE TARD INC - VP CIRCLE K CORPORATION - Pres/SEC CIRCLE K DELAWARE INC - Pres/SEC CIRCLE K STORES INC - President,Sec, Treas, Director COUCHE TARD INC - VP COUCHE TARD US INC - Pres/SEC DEPAN ESCOMPTE COUCHE TARD INC - VP MACS CONVENIENCE STORES INC - VP Name: KATI-ILEFN K CUNNINGTON Gender: Female Correspondence Address: LICENSING DC-36 PO BOX 5?085 111101=NIN.AZ 85072-2085 1'SA Phone: t(, 1?)72R-7I37 Alt. Phone: Email: K(-1'\\1\6'1'ON(,i,,CllZCLEK.CO'i\,I Page 4 of 6 CIRCLE K STORES INC - Asst. Secretary Name: NIARYA DAN11:1_LE BURGESS Gender: Female Cormspondenee Address: 1130 W WARNER ROAD 1-1-MPE,AZ 85284 USA Phone (520)518-0046 All. Phone: Email_ AZLICENSE@oCIRCLEK.COM CIRCLE K STORES INC - VP Name: MORTEN MICHAEL JENSEN Gender: Male Correspondence Address: LICENSING DC-36 PO BOX 52085 PI IOFNIX,AZ 85072-2085 USA Phone: (480)734-6036 Alt. Phone: Email: MNIJENSEN aCIRCLEK.COM MANAGERS Name: JANET KAY MEZA Gender: Female Correspondence Address: 1130 W WARNER ROAD TENIPE,AZ 85284 USA Phone: (602)728-7750 Alt. Phone: Email: JME7A(I)CIRCLEK.COM I'.t ,e 5 of 6 APPLICATION INFORMATION Application Number: 222592 Application Type: New Application Created Date: 12/12/2022 QUESTIONS & ANSWERS 010 Beer and Wine Store l) Are you applying for an interim Permit(INP)? No 2) Provide name,address,and distance of nearest school. (If less than one(1)mile note footage) EXCALIBUR CHARTER SCHOOL 1545 W BROADWAY AVE APACHE.FUNCTION,AZ 85120 2,638 FT 3) Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company PROPERTY OWNER 4) Is there a penalty if lease is not fulfilled? No 5) Is the Business located within the incorporated limits of the city or town of which it is located? Yes 6) What is the total money borrowed for the business not including the lease? Please list each atnount owed to lenders/individuals. WELLS FARGO 13ANK 333 S GRAND AVE LOS ANGELES,CA 90071 $3,500,000 7) Are there walk-up or drive-through windows on the premises? No 8) Does the establishment have a patio? No 9) Is your licensed prcnusc" non% clotted due to construction, renovation or redesign or rebuild? No P•r_e 6 tit 6 1 Yvette McKinney From:Danny Saldana Sent:Friday, January 20, 2023 2:33 PM To:Yvette McKinney Subject:RE: Liquor License Application for Circle K Store # 1556 Hello Evie,    I went and did an onsite inspection and found no issues. Circle K Store #1556 currently has a valid liquor license that  expires later this year. So it appears to be a renewal of their license. The Apache Junction Police Department does not  have any concerns about the license being issued.    Thanks     Daniel Saldana   Lieutenant   Apache Junction Police Dept.  480‐474‐2629       From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Wednesday, January 18, 2023 5:01 PM  To: Danny Saldana <dsaldana@apachejunctionaz.gov>  Subject: Liquor License Application for Circle K Store # 1556    Good Afternoon,    The City Clerk’s office has received the attached Series 10 Beer and Wine liquor license application.      Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023,  in order for this item to be on the February 21, 2023, City  Council meeting.     Thank you,    Evie McKinney  mckinney@apachejunctionaz.gov  Ext 5061  City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. 2 This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.      1 Yvette McKinney From:Adrian Alegria Sent:Tuesday, February 7, 2023 2:29 PM To:Yvette McKinney Subject:RE: Liquor License Application: Circle K Store # 1556 (Broadway/Delaware) Evie:    The Building Safety and Inspections Division has no objections to the continued sale of beer and wine at the Circle K at  the 2360 W Broadway Ave.      Thank You,    From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Tuesday, February 7, 2023 2:05 PM  To: Adrian Alegria <aalegria@apachejunctionaz.gov>  Subject: FW: Liquor License Application: Circle K Store # 1556 (Broadway/Delaware)    Hello Adrian,    Please send me your approval or denial of this application, per Building Safety.    Thank you,  Evie  Ext 5061      From: Yvette McKinney   Sent: Thursday, January 19, 2023 9:33 AM  To: tina.gerola@sfmd.az.gov; Richard Mooney <richard.mooney@sfmd.az.gov>; Rudy Esquivias  <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>  Cc: Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin  <dmartin@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 1556 (Broadway/Delaware)    Good Morning,    The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.      Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.     Thank you,    Evie McKinney  mckinney@apachejunctionaz.gov  Ext 5061  2 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.      1 Yvette McKinney From:Rudy Esquivias Sent:Tuesday, January 24, 2023 5:23 PM To:Yvette McKinney; tina.gerola@sfmd.az.gov; Richard Mooney; Adrian Alegria Cc:Jennifer Pena; Donna Scruggs; Dana Martin Subject:RE: Liquor License Application: Circle K Store # 1556 (Broadway/Delaware) Evie:    The Planning Division has no objections to the continued sale of beer and wine at the long established Circle K at the  northeast corner of Broadway and Delaware.  The property is zoned B‐1 (Commercial), which allows the use.    Thank You,    Rudy Esquivias Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz.gov (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.)        From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Thursday, January 19, 2023 9:33 AM  To: tina.gerola@sfmd.az.gov; Richard Mooney <richard.mooney@sfmd.az.gov>; Rudy Esquivias  <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>  Cc: Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin  <dmartin@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 1556 (Broadway/Delaware)    Good Morning,    The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.      Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.     Thank you,    Evie McKinney  mckinney@apachejunctionaz.gov  Ext 5061  2 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.      1 Yvette McKinney From:Tina Gerola <tina.gerola@sfmd.az.gov> Sent:Monday, January 23, 2023 2:55 PM To:Yvette McKinney; Richard Mooney; Rudy Esquivias; Adrian Alegria Cc:Jennifer Pena; Donna Scruggs; Dana Martin Subject:RE: [External] Liquor License Application: Circle K Store # 1556 (Broadway/Delaware) Good afternoon.  The SFMD recommends approval of this Liquor License Application.  Thank you.       Tina Gerola | Fire Inspector & CRR Specialist Superstition Fire & Medical District Office | (480) 982-4440 ext. 104 Mobile | (480) 416-9775 Website | sfmd.az.gov     From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Thursday, January 19, 2023 9:33 AM  To: Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney <richard.mooney@sfmd.az.gov>; Rudy Esquivias  <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>  Cc: Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin  <dmartin@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 1556 (Broadway/Delaware)     Good Morning,     The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.       Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.     Thank you,     Evie McKinney   mckinney@apachejunctionaz.gov   Ext 5061   City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 2 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.       Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-051 Agenda Item No. 9. Agenda Date: 2/21/2023 Sponsor: Jennifer Pena In Control: City Council MeetingIndex: Consideration of application for a new Series 10 Beer and Wine Store Liquor License for Circle K Store #8746 located at 85 W Superstition Boulevard, Apache Junction, AZ. The next step in the process is for the council to hold a public hearing on the application and make a recommendation of approval or denial to the Arizona Department of Liquor License and Control. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 Home of the Superstition Mountains City of Apache Junction 300 East Superstition Boulevard  Apache Junction, Arizona 85119  www.ajcity.net February 21, 2023 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 10 BEER AND WINE STORE FOR CIRCLE K STORE # 8746 An application for a Series 10 Beer and Wine Store Liquor License has been submitted by Maria Danielle Burgess of Circle K Store # 8746, located at 85 W. Superstition Boulevard, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on December 29, 2022 and the Apache Junction City Clerk’s Office received the application from them on January 3, 2023. The applicant was notified by phone and e-mail of the public hearing and was encouraged to attend to address any questions council may have. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by February 25, 2023. State of Arizona Department of Liquor Licenses and Control Created 12/29/2022 @ 01 :48:38 PM Local Governing Body Report LICENSE Number: Type: 010 BI_L•R AND WINE STO R t_ Name: CIRCLE K STORE#8746 State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 85 W SUPERSTITION BOULEVARD APACHE JUNCTION,AZ 85220 USA Mailing Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (480)982-1005 Alt. Phone: (520)518-0046 Email: AZLICENSEQCIRCLEK_COM AGENT Name: MARIA DANIELLE BURGESS Gender: Female Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (520)518-0046 All. Phone: Email: AZLICENSE@CIRCLEK.COM _ - — -- - OWNER Name. CIRCLE K STORES INC Contacl Name: MARIA DANIELLE BURGESS Type: CORPORATION AZ CC File Number: F00065980 State of incorporation: AZ Incorporation Date: 04/08/1957 Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (520)518-0046 Alt. Phone: Email: AZLICENSE(c,CIRCLEK.COM Officers/Stockholders Name: Title: %Interest: CIRCLE K DELAWARE INC Stockholder 100.00 KATHLEEN K CUNNINGTON President,Sec,Treas, Director MARIA DANIELLE BURGESS Asst. Secretary MORTEN MICHAEL JENSEN VP COUCHE TARD US INC - Stockholder Name: MACS CONVENIENCE STORES INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone. (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM MACS CONVENIENCE STORES INC - Stockholder Name- COUCHE TARD INC Contact Name: KIM KENNETH KWIATKOWSKI rype: CORPORATION AZ CC I'iie Number: State of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ_ 85072 USA I'honc: (602)728-4783 Alt Phime- I_nr;ul: AZLICENSEuCIRCLI--K CONI I'arw 2 of 6 COUCHE TARD INC - Stockholder Name: DEPAN ESCOMP"TE COUCl IF 'YARD WC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State oflncorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE a CIRCLEK.COM DEPAN ESCOMPTE COUCHE TARD INC - Stockholder Name: ALIMENTATION COUCHE TARD INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: Slate of Incorporation: Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Plione: (602)728-4783 A I I.Plione: Email: AZLICENSE@CIRCLEK.COM CIRCLE K STORES INC - Stockholder Name: CIRCLE K DELAWARE INC Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC Idle Number: State of Incoiporauon: Incorporation Date: Correspondcnce Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (602)728-4783 Alt. Phone: Ismail: AZLICENSE(("c,CII�CI FK.COM 11.1tc 1 „t'n CIRCLE K CORPORATION - Stockholder Name: COUCIIE TARD US INC Contact Name: KIM KWIATOKSKI type: CORPORATION AZ CC File Number: State of Ineorpoi ation Incorporation Datc: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 Alt. Phone: Email: AZLICENSE@CIRCLEK.COM CIRCLE K DELAWARE INC - Stockholder Name: CIRCLE K CORPORATION Contact Name: KIM KENNETH KWIATKOWSKI Type: CORPORATION AZ CC File Number: State of Incorporation: AZ Incorporation Date: Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072 USA Phone: (602)728-4783 All. Phone: Email: AZLICENSE@CIRCLEK.COM ALIMENTATION COUCHE TARD INC - VP CIRCLE K CORPORATION - Pres/SEC CIRCLE K DELAWARE INC - Pres/SEC CIRCLE K STORES INC - President,Sec, Treas, Director COUCHE TARD INC - VP COUCHE TARD US INC - Pres/SEC DEPAN ESCOMPTE COUCHE TARD INC - VP MACS CONVENIENCE STORES INC - VP Name KATHLEEN K CUNNINGTON Gender E:emale Corrrspondrixc lddress: LICENSING DC-36 PO BOX 52085 Pl IOENIX,AZ 85072-208�; USA I'hur (602)728-7137 11t l'hunr KCUNNINGTON'(i( M0 I K (Ovt Pa_caof6 CIRCLE K STORES INC - AssL Secretary Name: MARIA DANIELLE BURGI•SS Gender: Female Correspondence Address: 1130 W WARNER ROAD TEMPE,AZ 85284 USA Phone (520)518-0046 Alt Phone: l:nwil: AZLICENSE@CIRCLEK.COM CIRCLE K STORES INC - VP Name: MORTEN MICHAEL JENSEN Gender: Male Correspondence Address: LICENSING DC-36 PO BOX 52085 PHOENIX,AZ 85072-2085 USA Phone: (480)734-6036 Alt. Phone: Ernail: MMJENSEN@CIRCLEK.COM MANAGERS Name: JANET KAY MEZA Gender: Female Correspondence Address: 1130 W WARNER ROAD TEMPE,AZ 85284 USA Phone: (602)728-7750 Alt. Phone: Email: 1MEZA@CIRCLEK.COM APPLICATION INFORMATION Application Number: 222589 Application Type: New Application Grated Date: 12/12/2022 QUESTIONS & ANSWERS 010 Beer and Wine Store l) Are you applying for an Interim Permit(INP)? No 2) Provide name,address,and distance of nearest school. (If less than one(1) mile note footage) APACHE JUNCTION EARLY HEADSTART 900 N PLAZA DR APACI IE JUNC'I ION,AZ 85120 3) Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company PROPERTY OWNER 4) Is there a penalty if lease is not fulfilled? No 5) Is the Business located within the incorporated limits of the city or town of which it is located? Yes b) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. WELLS l'ARGO BANK 333 S GRAND AVE LOS AANGELES, CA 90071 S3,500.000 7) Are there walk-up or drive-through windows on the premises? No Y) Does the establishment have a patio? No 9) Is your licensed premises now closed due to construction,renovation or redesign or rehud(P No I'a•�r t���I ti 1 Yvette McKinney From:Danny Saldana Sent:Friday, January 20, 2023 2:32 PM To:Yvette McKinney Subject:RE: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho) Hello Evie,    I went and did an onsite inspection and found no issues. Circle K Store #8746 currently has a valid liquor license that  expires later this year. So it appears to be a renewal of their license. The Apache Junction Police Department does not  have any concerns about the license being issued.    Thanks     Daniel Saldana   Lieutenant   Apache Junction Police Dept.  480‐474‐2629     From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Thursday, January 19, 2023 4:07 PM  To: Danny Saldana <dsaldana@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho)    Good Afternoon,    The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.      Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.       Thank you,    Evie McKinney  mckinney@apachejunctionaz.gov  Ext 5061  City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. 2 This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.      1 Yvette McKinney From:Adrian Alegria Sent:Tuesday, February 7, 2023 2:28 PM To:Yvette McKinney Subject:RE: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho) Evie:    The Building Safety and Inspections Division has no objections to the continued sale of beer and wine at the long‐ established Circle K at the southwest corner of Superstition and Idaho.      Thank You,    From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Tuesday, February 7, 2023 2:04 PM  To: Adrian Alegria <aalegria@apachejunctionaz.gov>  Subject: FW: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho)    Hello Adrian,    Please send me your approval or denial of this application, per Building Safety.    Thank you,  Evie  Ext 5061    From: Yvette McKinney   Sent: Thursday, January 19, 2023 9:37 AM  To: tina.gerola@sfmd.az.gov; Richard Mooney <richard.mooney@sfmd.az.gov>; Rudy Esquivias  <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>  Cc: Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin  <dmartin@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho)    Good Morning,    The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.      Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.     Thank you,    Evie McKinney  mckinney@apachejunctionaz.gov  Ext 5061  2 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.      1 Yvette McKinney From:Rudy Esquivias Sent:Tuesday, January 24, 2023 5:50 PM To:Yvette McKinney; tina.gerola@sfmd.az.gov; Richard Mooney; Adrian Alegria Cc:Jennifer Pena; Donna Scruggs; Dana Martin Subject:RE: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho) Evie:    The Planning Division has no objections to the continued sale of beer and wine at the long established Circle K at the  southwest corner of Superstition and Idaho.  The property is zoned B‐3 (Commercial), which allows the use.    Thank You,    Rudy Esquivias Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz.gov (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.)        From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Thursday, January 19, 2023 9:37 AM  To: tina.gerola@sfmd.az.gov; Richard Mooney <richard.mooney@sfmd.az.gov>; Rudy Esquivias  <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>  Cc: Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin  <dmartin@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho)    Good Morning,    The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.      Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.     Thank you,    Evie McKinney  mckinney@apachejunctionaz.gov  Ext 5061  2 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.      1 Yvette McKinney From:Tina Gerola <tina.gerola@sfmd.az.gov> Sent:Monday, January 23, 2023 2:55 PM To:Yvette McKinney; Richard Mooney; Rudy Esquivias; Adrian Alegria Cc:Jennifer Pena; Donna Scruggs; Dana Martin Subject:RE: [External] Liquor License Application: Circle K Store # 8746 (Superstition/Idaho) Good afternoon.  The SFMD recommends approval of this Liquor License Application.  Thank you.       Tina Gerola | Fire Inspector & CRR Specialist Superstition Fire & Medical District Office | (480) 982-4440 ext. 104 Mobile | (480) 416-9775 Website | sfmd.az.gov     From: Yvette McKinney <mckinney@apachejunctionaz.gov>   Sent: Thursday, January 19, 2023 9:37 AM  To: Tina Gerola <tina.gerola@sfmd.az.gov>; Richard Mooney <richard.mooney@sfmd.az.gov>; Rudy Esquivias  <resquivias@apachejunctionaz.gov>; Adrian Alegria <aalegria@apachejunctionaz.gov>  Cc: Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs <dscruggs@apachejunctionaz.gov>; Dana Martin  <dmartin@apachejunctionaz.gov>  Subject: Liquor License Application: Circle K Store # 8746 (Superstition/Idaho)     Good Morning,     The City Clerk’s office has received the attached Type 10 Beer and Wine Store liquor license application.       Please conduct your safety, security, ADA compliance and other inspections and submit your department  recommendations to me by Monday, January 30, 2023, in order for this item to be on the February 21, 2023, City  Council meeting agenda.     Thank you,     Evie McKinney   mckinney@apachejunctionaz.gov   Ext 5061   City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 2 City Hall Hours of Operation 7AM – 6PM, Monday through Thursday, closed Fridays. This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City’s records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council. Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body.       Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-070 Agenda Item No. 10. Agenda Date: 2/21/2023 Sponsor: Anna McCray In Control: City Council MeetingIndex: Presentation and discussion on revisions and updates to the proposed 2023 City of Apache Junction Personnel Rules. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 City of Apache Junction Human Resources DATE: February 21, 2023 TO: Mayor and City Council Members THROUGH: Bryant Powell, City Manager FROM: Anna McCray, Human Resources Director SUBJECT: Proposed 2023 City of Apache Junction Personnel Rules I respectfully submit for your consideration the 2023 City of Apache Junction Personnel Rules. The rules were last updated in 2016 and the revisions set forth are introduced to: 1) Incorporate changes in employment laws; and 2) To provide each employee with an understanding which rights and privileges will serve to optimize working conditions and result in a professional, safe, enjoyable and efficient workplace; and 3) To provide each employee a clear and thorough understanding of the rules by which the City strives to operate, and the conditions under which employment with the City is accepted or continued. Amendments or additions to the City’s personnel rules are subject to approval by the City Council. Included in the major changes, are: Rule/Section Page(s) Revisions 1 – Policy and Purpose 1 (1) – Purpose 1 (2) – Policy 1 (3) – Objectives 1 (4) – Applicability, Enforcement.. 6-7 Changed to Policy; added policy statement Changed to Purpose; added purpose statements Deleted Changed to Scope, Administration, Interpretation and Amendments 2 – Definitions 8-14 Grouped definitions all in one section; additions of definitions used throughout rules 2023 Personnel Rules February 21, 2023 Page 2 300 E Superstition Blvd Apache Junction, AZ 85119 (480) 474-2617 apachejunctionaz.gov/110/human-resources 3 – General Provisions 3 (1) – Equal Employment Opportunity 15-16 Added non-discrimination statement Updated EEO per employment laws Added City’s EEO Program information Rule/Section Page(s) Revisions 3 (6) – Ethics 3 (7) – Professional Conduct 3 (9) - Gratuities 3 (10) – Outside Employment/Volunteer 17-18 19-20 21 21-22 Expanded on ethics and conflict-of-interest and preferential treatment statements Added Professional and Personal Conduct section Updated language Expanded on outside employment considerations Added volunteer activities section 4 – Recruitment and Selection 4 (1) – Policy Statement 4 (2) – Applications 4 (3) – Process 4 (5) – Screening 4 (6) – Employment Offer 4 (7) – Eligibility Lists 4 (8) – Hiring of Relatives 23 23 23-24 24 25 25 25-26 Updated policy statement Requires electronic online application with reasonable accommodations when needed Clearly delineates duties between HR and hiring departments; adds minimum timeframes for recruitments Updates HR duties in screening for minimum qualifications Requires HR extend all offers of employment Clarifying language on applicant eligibility list Updated per state law which prohibits executive from appointing or hiring of relative; but allows for relatives of employees to work for the City, just not in supervisory-subordinate roles 6 – Classification 6 (4) – Reclassification 34 Increased Salary Grades the City Manager can reclassify positions within without City Council approval 2023 Personnel Rules February 21, 2023 Page 3 300 E Superstition Blvd Apache Junction, AZ 85119 (480) 474-2617 apachejunctionaz.gov/110/human-resources 7 – Employee Records 7 (1) – Policy 7 (2) – Accessibility 7 (5) – Verification of Employment 36 36 37 Updated policy statement Updated under what circumstances and to whom employee records would be made available to Added section to identify information that may be released 8 – Attendances and Leaves 8 (2) – Vacation 8 (3) – Sick Leave 39 39-40 Added flexibility for City Manager to grant additional vacation leave as hiring incentive Deleted limitations of sick leave for family members Added flexibility for City Manager to grant additional sick leave as hiring incentive 8 (3) – Sick Leave 8 (3) (B) – Non-career Status Sick Leave 8 (3) (C) – Supporting Documentation 3 (12) – Holidays 3 (15) (H) (3) – FMLA Leave 40 41 42 47 47 47 51 Updated the order in which accrued time off is used if accrued sick leave is exhausted Added Prop 206 part-time sick leave language Requiring documentation if abuse of sick leave is suspected Added flexibility for the City Manager to increase holiday hours awarded to employees Changed holiday posting requirements Replaced term of Personal Leave with Floating Holiday Clarified exempt employees may be charged partial day credits when on designated FMLA 9 – Overtime 9 (2) – Exempt and Non- covered Employees 9 (3) – Work Period 56 56-57 Updated language per FLSA restrictions Defined work period 2023 Personnel Rules February 21, 2023 Page 4 300 E Superstition Blvd Apache Junction, AZ 85119 (480) 474-2617 apachejunctionaz.gov/110/human-resources 9 (5) – Meal Breaks 9 (7) – Compensatory Time Payout 57 60 Clarified City expectations on meal breaks Mandates payout of comp time at employee’s base pay rate at time of promotion or demotion 10 – Performance Reviews 10 (3) – Performance Review Requirements 10 (4, 5 and 6) 63 63 Updated language re: city’s process Deleted as no longer applicable 11 – Drug-Free Workplace Policy 11 (1) – Purpose 11 (3) – Definitions 11 (4) (A) – Post-job Offer 11 (4) (C) – Reasonable Suspicion 11 (4) (E) – Self-identification 11 (5) – Policy Violation 11 (7) – Rehabilitation 11 (12) – Testing Methodology 11 (13) – Test Results 11 (14) - CDL 64 64 65 66 67 68-69 69-70 71-72 72-73 73 Added additional detail Deleted; all definitions at beginning of rules Revised language re: deadline to take test; positive test results Added requirements and documentation needed Added opportunity for employee to self-report issue with substance abuse for assistance Updated acts of failure to participate in testing Added responsibility of employee Added and simplified language on types of testing Restrictions on who test results would be shared with Updated CDL testing requirements and employee requirements 12 – Discrimination Policy 12 (1) - Policy 74 Added “sexual orientation or preference” and “status of veteran” to the City’s anti-discrimination policy 2023 Personnel Rules February 21, 2023 Page 5 300 E Superstition Blvd Apache Junction, AZ 85119 (480) 474-2617 apachejunctionaz.gov/110/human-resources Upon approval, each City employee shall then be advised of the revisions and shall immediately adhere to it. No employee, supervisor, Department Director or Council Member is authorized to make any verbal representations or promises that vary from the provisions of these policies or that vary from the departmental rules and regulations (if any) applicable to that employee’s department. Any such verbal representations or promises are hereby declared to be null and void and should not be relied upon by any employee. Human Resources will strive to update the Personnel Rules on a bi-annual basis moving forward. Thank you for your consideration. 14 – Fraternization 14 (3) – Reporting 79 Reduced time from 6 months to 3 months in which one employee in a relationship with supervisory- subordinate role within same department has to transfer 16 – Discipline 16 (2) – Grounds for Discipline 4 – Pre-disciplinary Meeting 7 – Technical Omissions 84-85 86 88 Added additional violations Added email as a method of delivery Deleted 1 Apache Junction Personnel Rules 20162023 2 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. Rehire ........................................................................................... 13 Section 28. Reinstatement .............................................................................. 13 Section 30. Sick Leave .................................................................................... 13 Section 31. Suspension................................................................................... 13 Section 32. Transfer ........................................................................................ 13 Section 33. Unpaid Absence ........................................................................... 13 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 Apache Junction Personnel Rules 20162023 3 Section 3. Residency Requirements and Use of City Vehicle ......................... 15 Section 4. Compliance with the Immigration Reform and Control Act of 1986 16 Section 5. Affirmative Action ........................................................................... 16 Section 6. Ethics ............................................................................................. 16 Section 7. Safety ............................................................................................. 17 Section 8. Gratuities/Solicitations .................................................................... 17 Section 9. Outside Employment ...................................................................... 18 RULE 4. RECRUITMENT AND SELECTION .................................................... 19 Section 1. Policy Statement ............................................................................ 19 Section 2. Application Forms ........................................................................... 19 Section 3. Recruitment and Selection Process ............................................... 19 Section 4. Examination Results ....................................................................... 19 Section 5. Eligible Lists ................................................................................... 20 Section 6. Hiring of Relatives .......................................................................... 20 RULE 5. APPOINTMENTS, STATUS, AND PROBATION ............................... 21 Section 1. Types of Positions .......................................................................... 21 Section 2. Employee Status ............................................................................ 22 Section 3. Attainment of Status ....................................................................... 22 Section 4. Probation ........................................................................................ 23 Section 5. Duration of Probation ..................................................................... 24 Section 6. Effect of Status on Employee Rights and Privileges ....................... 25 Section 7. Types of Appointments ................................................................... 26 Section 8. Reassignments ............................................................................... 26 Section 9. Exempt and Nonexempt Personnel ................................................ 27 RULE 6. CLASSIFICATION .............................................................................. 28 Section 1. Adoption, Amendment, and Revision of Plan ................................. 28 Section 2. Classification of Positions ............................................................... 28 Section 3. Reclassification of Positions ........................................................... 28 Section 4. Creation, Abolishment and Reclassification of Positions ................ 29 RULE 7. EMPLOYEE RECORDS ..................................................................... 30 Section 1. Policy .............................................................................................. 30 Section 2. Accessibility .................................................................................... 30 Section 3. Contents of Personnel File ............................................................. 30 Section 4. Status Changes .............................................................................. 31 Apache Junction Personnel Rules 20162023 4 RULE 8. ATTENDANCE AND LEAVES ........................................................... 32 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 .................................................................... 39 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 Probation 56 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 Apache Junction Personnel Rules 20162023 5 Section 8. Employee and Applicant Consent Form ......................................... 62 Section 9. Rehabilitation .................................................................................. 62 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 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 Apache Junction Personnel Rules 20162023 6 RULE 17. GRIEVANCE AND APPEAL PROCEDURES .................................. 83 Section 1. Purpose of Grievance and Appeal Procedures .............................. 83 Section 2. General .......................................................................................... 84 Section 3. Prohibited Grievances and Appeals ............................................... 85 Section 4. Grievance Procedure ..................................................................... 85 Section 5. Time Computation .......................................................................... 86 Section 6. Appeal Procedure ........................................................................... 87 Section 7. Time Extension ............................................................................... 87 RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER ............ 88 Section 1. Hearing Officer ............................................................................... 88 Section 2. Right of Appeal ............................................................................... 88 Section 3. Time of Hearing .............................................................................. 88 Section 4. Pre-Hearing Statements ................................................................. 88 Section 5. Pre-Hearing Conference ................................................................ 89 Section 6. Subpoenas ..................................................................................... 89 Section 7. Continuances ................................................................................. 90 Section 8. Appeal Hearings ............................................................................. 90 RULE 19. SEPARATION OTHER THAN DISMISSAL ...................................... 93 Section 1. Layoff ............................................................................................. 93 Section 2. Resignation .................................................................................... 94 RULE 1. POLICY AND PURPOSE .......... ERROR! BOOKMARK NOT DEFINED. Section 1. Policy ................................................ Error! Bookmark not defined. Section 2. Purpose ............................................ Error! Bookmark not defined. Section 3. Scope, Interpretation, Administration and Amendments .......... Error! Bookmark not defined. RULE 2. DEFINITION OF TERMS ............................................................... 11-22 RULE 3. GENERAL PROVISIONS ......... ERROR! BOOKMARK NOT DEFINED. Section 1. Equal Employment Opportunity ........ Error! Bookmark not defined. Section 2. Loyalty Oaths ................................... Error! Bookmark not defined. Section 3. Residency Requirements and Use of City Vehicle Error! Bookmark not defined. Section 4. Compliance with the Immigration Reform and Control Act of 1986 ...................................................... Error! Bookmark not defined. Section 5. Affirmative Action ............................. Error! Bookmark not defined. Section 6. Ethics ............................................... Error! Bookmark not defined. Section 7. Professional Conduct ....................... Error! Bookmark not defined. Section 8. Safety ............................................... Error! Bookmark not defined. Section 9. Gratuities/Solicitations ...................... Error! Bookmark not defined. Section 10. Outside Employment and Volunteer Activities ..... Error! Bookmark not defined. Apache Junction Personnel Rules 20162023 7 RULE 4. RECRUITMENT AND SELECTION ............ ERROR! BOOKMARK NOT DEFINED. Section 1. Policy Statement .............................. Error! Bookmark not defined. Section 2. Application Forms ............................. Error! Bookmark not defined. Section 3. Recruitment and Selection Process . Error! Bookmark not defined. Section 4. Examination Results ......................... Error! Bookmark not defined. Section 5. Screening of Applicants .................... Error! Bookmark not defined. Section 6. Offer of Employment ........................ Error! Bookmark not defined. Section 7. Eligible Lists ..................................... Error! Bookmark not defined. Section 8. Hiring of Relatives ............................ Error! Bookmark not defined. RULE 5. APPOINTMENTS, STATUS, AND PROBATION ERROR! BOOKMARK NOT DEFINED. Section 1. Types of Positions ............................ Error! Bookmark not defined. Section 2. Employee Status .............................. Error! Bookmark not defined. Section 3. Attainment of Status ......................... Error! Bookmark not defined. Section 4. Probation .......................................... Error! Bookmark not defined. Section 5. Duration of Probation ....................... Error! Bookmark not defined. Section 6. Effect of Status on Employee Rights and Privileges ................. Error! Bookmark not defined. Section 7. Types of Appointments ..................... Error! Bookmark not defined. Section 8. Reassignments ................................. Error! Bookmark not defined. Section 9. Exempt and Nonexempt Personnel .. Error! Bookmark not defined. RULE 6. CLASSIFICATION .................... ERROR! BOOKMARK NOT DEFINED. Section 1. Adoption, Amendment, and Revision of Plan .. Error! Bookmark not defined. Section 2. Classification of Positions ................. Error! Bookmark not defined. Section 3. Reclassification of Positions ............. Error! Bookmark not defined. Section 4. Creation, Abolishment and Reclassification of Positions .......... Error! Bookmark not defined. RULE 7. EMPLOYEE RECORDS ........... ERROR! BOOKMARK NOT DEFINED. Section 1. Policy ................................................ Error! Bookmark not defined. Section 2. Accessibility ...................................... Error! Bookmark not defined. Section 3. Contents of Personnel File ............... Error! Bookmark not defined. Section 4. Status Changes ................................ Error! Bookmark not defined. Section 5. Verification of Employment ............... Error! Bookmark not defined. Apache Junction Personnel Rules 20162023 8 RULE 8. ATTENDANCE AND LEAVES . ERROR! BOOKMARK NOT DEFINED. Section 1. Attendance ....................................... Error! Bookmark not defined. Section 2. Vacation Leave ................................. Error! Bookmark not defined. Section 3. Sick Leave ........................................ Error! Bookmark not defined. Section 4. Workers’ Compensation ................... Error! Bookmark not defined. Section 5. Military Leave ................................... Error! Bookmark not defined. Section 6. Leave of Absence without Pay ......... Error! Bookmark not defined. Section 7. Leave with Pay ................................. Error! Bookmark not defined. Section 8. Jury Leave ........................................ Error! Bookmark not defined. Section 9. Subpoena Leave .............................. Error! Bookmark not defined. Section 10. Administrative Leave ...................... Error! Bookmark not defined. Section 11. Bereavement Leave ....................... Error! Bookmark not defined. Section 12. Holidays.......................................... Error! Bookmark not defined. Section 13. Birthday Leave ............................... Error! Bookmark not defined. Section 14. Rest Periods ................................... Error! Bookmark not defined. Section 15. Family and Medical Leave Policy ... Error! Bookmark not defined. RULE 9. OVERTIME ............................... ERROR! BOOKMARK NOT DEFINED. Section 1. Policy ................................................ Error! Bookmark not defined. Section 2. Exempt and Non-covered Employees ............. Error! Bookmark not defined. Section 3. Work Period...................................... Error! Bookmark not defined. Section 4. Overtime Accrual .............................. Error! Bookmark not defined. Section 5. Hours Worked .................................. Error! Bookmark not defined. Section 6. Calculation of Overtime .................... Error! Bookmark not defined. Section 7. Compensatory Time in Lieu of Paid Overtime . Error! Bookmark not defined. Section 8. Payment of Compensatory Time at Termination of Employment ...................................................... Error! Bookmark not defined. Section 9. Substitution of Work Hours between Employees ... Error! Bookmark not defined. Section 10. Travel Time .................................... Error! Bookmark not defined. RULE 10. PERFORMANCE REVIEW ..... ERROR! BOOKMARK NOT DEFINED. Section 1. Purpose ............................................ Error! Bookmark not defined. Section 2. Performance Reporting Requirement during Proba tion ............ Error! Bookmark not defined. Section 3. Performance Reporting Requirements Following End of Probation ...................................................... Error! Bookmark not defined. Section 4. Salary Increase ................................ Error! Bookmark not defined. RULE 11. DRUG-FREE WORKPLACE POLICY ...... ERROR! BOOKMARK NOT DEFINED. Section 1. Purpose ............................................ Error! Bookmark not defined. Section 2. Policy Statement .............................. Error! Bookmark not defined. Apache Junction Personnel Rules 20162023 9 Section 3. Over-the-counter or Prescribed Medications ... Error! Bookmark not defined. Section 4. Types of Authorized Drug and Alcohol Testing Error! Bookmark not defined. Section 5. Policy Violation ................................. Error! Bookmark not defined. Section 6. Employee and Applicant Consent Form .......... Error! Bookmark not defined. Section 7. Rehabilitation .................................... Error! Bookmark not defined. Section 8. Searches .......................................... Error! Bookmark not defined. Section 9. Confidentiality ................................... Error! Bookmark not defined. Section 10. Employee Responsibilities ............. Error! Bookmark not defined. Section 11. Management Responsibilities......... Error! Bookmark not defined. Section 12. Drug and Alcohol Testing Methodology ......... Error! Bookmark not defined. Section 13. Test Results ................................... Error! Bookmark not defined. Section 14. Commercial Driver's License Holders............ Error! Bookmark not defined. RULE 12. POLICY AGAINST DISCRIMINATION ..... ERROR! BOOKMARK NOT DEFINED. Section 1. Policy Statement .............................. Error! Bookmark not defined. Section 2. Initiating a Discrimination or Sexual Harassment Complaint .... Error! Bookmark not defined. Section 3. Investigation Procedure .................... Error! Bookmark not defined. Section 4. Discipline .......................................... Error! Bookmark not defined. Section 5. Reprisals Prohibited ......................... Error! Bookmark not defined. RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE ......... ERROR! BOOKMARK NOT DEFINED. Section 1. Policy Statement .............................. Error! Bookmark not defined. Section 2. Prohibitions....................................... Error! Bookmark not defined. Section 3. Applicability ...................................... Error! Bookmark not defined. Section 4. Initiating a Complaint Involving Violence in the Work Place ..... Error! Bookmark not defined. RULE 14. FRATERNIZATION POLICY .. ERROR! BOOKMARK NOT DEFINED. Section 1. General Information .......................... Error! Bookmark not defined. Section 2. Policy ................................................ Error! Bookmark not defined. Section 3. Reporting Requirements .................. Error! Bookmark not defined. RULE 15. POLITICAL ACTIVITIES ......... ERROR! BOOKMARK NOT DEFINED. Section 1. Purpose ............................................ Error! Bookmark not defined. Section 2. Policy Statement .............................. Error! Bookmark not defined. Section 3. City Council Elections ....................... Error! Bookmark not defined. Section 4. Other Candidate Elections................ Error! Bookmark not defined. Section 5. Retaliation Prohibited ....................... Error! Bookmark not defined. Section 6. Other Permitted Activity .................... Error! Bookmark not defined. Apache Junction Personnel Rules 20162023 10 Section 7. Protection of Civil Liberties ............... Error! Bookmark not defined. RULE 16. DISCIPLINE ............................ ERROR! BOOKMARK NOT DEFINED. Section 1. Disciplinary Actions .......................... Error! Bookmark not defined. Section 2. Grounds for Discipline ...................... Error! Bookmark not defined. Section 3. Written Reprimands .......................... Error! Bookmark not defined. Section 4. Pre-Disciplinary Meeting .................. Error! Bookmark not defined. Section 5. Notices of Suspension, Demotion, or Termination Error! Bookmark not defined. Section 6. Taking Disciplinary Action ................. Error! Bookmark not defined. Section 7. Effect of Technical Omissions .......... Error! Bookmark not defined. Apache Junction Personnel Rules 20162023 11 RULE 17. GRIEVANCE AND APPEAL PROCEDURES .. ERROR! BOOKMARK NOT DEFINED. Section 1. Purpose of Grievance and Appeal Procedures Error! Bookmark not defined. Section 2. General ............................................ Error! Bookmark not defined. Section 3. Prohibited Grievances and Appeals . Error! Bookmark not defined. Section 4. Grievance Procedure ....................... Error! Bookmark not defined. Section 5. Time Computation ............................ Error! Bookmark not defined. Section 6. Appeal Procedure ............................. Error! Bookmark not defined. Section 7. Time Extension ................................. Error! Bookmark not defined. RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER .. ERROR! BOOKMARK NOT DEFINED. Section 1. Hearing Officer ................................. Error! Bookmark not defined. Section 2. Right of Appeal ................................. Error! Bookmark not defined. Section 3. Time of Hearing ................................ Error! Bookmark not defined. Section 4. Pre-Hearing Statements ................... Error! Bookmark not defined. Section 5. Pre-Hearing Conference .................. Error! Bookmark not defined. Section 6. Subpoenas ....................................... Error! Bookmark not defined. Section 7. Continuances ................................... Error! Bookmark not defined. Section 8. Appeal Hearings ............................... Error! Bookmark not defined. RULE 19. SEPARATION OTHER THAN DISMISSAL ...... ERROR! BOOKMARK NOT DEFINED. Section 1. Layoff ............................................... Error! Bookmark not defined. Section 2. Resignation ...................................... Error! Bookmark not defined. Apache Junction Personnel Rules 20162023 12 CITY OF APACHE JUNCTION PERSONNEL RULES Apache Junction Personnel Rules 20162023 13 Rule 1. Policy and General PurposeGeneral Purpose, Policy, and Objectives Section 1. PurposePolicy To establish Personnel Rules for the City of Apache Junction. These personnel policies for the City of Apache Junction (hereinafter referred to as the City) have been designed, revised, approved and implemented in order to provide each employee of the City a clear and thorough understanding of the policies by which the City strives to operate, and the conditions under which employment with the City is accepted or continued. Knowing the responsibilities, rights and privileges under these rules to optimize employee working conditions and will result in a professional, safe, enjoyable and efficient workplace. Section 2. Policy Purpose The Personnel Rules are enacted to meet the following goalsprovide: 1. To provide a A uniform system of personnel administration; and 2. To promote A means of communication among with department directors, supervisory staffsupervisors, and employees; and 3. To ensure, pProtection and clarificationy of the rights and responsibilities of all employees.; and 4. A framework for consistency and fairness in recruitment, selection, placement, promotion, retention, termination and separation of City employees based upon employees’ qualifications for a position; and 5. A tool to assist managers in the development of sound management practices and procedures; and 6. A means of protecting the legal interests of the City in compliance with federal and state laws. Section 3. Objectives These Rules are enacted to ensure the following: 1. That recruitment and selection for classified service positions a re competitive with final appointment predicated on job-related knowledge, ability, skills and qualifications; Apache Junction Personnel Rules 20162023 14 2. That classifications reflect the responsibility and difficulty of the work; 3. That involuntary separation of career status employees be for cause; 4. That no unlawful discrimination be practiced. Apache Junction Personnel Rules 20162023 15 Section 4 3. ApplicabilityScope, Enforcement, and Interpretation, Administration and Amendments of Personnel Rules These Rules shall apply to all City of Apache Junction career status employees. Elected officials, city manager, city attorney, and magistrate judge are not career status employees. Scope These policies and procedures apply to all employees of the City of Apache Junction except where specifically stated otherwise in the City Code, in these personnel rules, or in the case of the City Manager, City Magistrate and City Attorney in an employment agreement, and any other employee whose employment is by employment agreement henceforth. These policies and procedures do not apply to nonemployee positions as defined in the City Code, including elected officials; members of boards, committees and commissions; persons engaged by the City on a contractual basis; volunteer personnel; and other personnel whom the Council may designate. Interpretation and Administration The Human Resources Director is responsible for the interpretation and enforcement administration 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. In the event of conflict between these policies and procedures and state, local, or federal law, the terms and conditions of the state, local, or federal law shall prevail. The City may modify its practices as appropriate upon knowledge of an amendment or enactment of a law that may pertain to employment. Amendments The City of Apache Junction may modify its practices as appropriate upon knowledge of an amendment or enactment of a law that may pertain to employment. Amendments to these rules may be proposed to the City Council through the City Manager or Human Resources Director. The City Council may, at its sole discretion by ordinance and/or resolution, amend or repeal these rules pursuant to a public hearing agenda item at a City Council Meeting. Amendments to these rules become effective upon their adoption by the City Council, or as otherwise designated by the City Council. Apache Junction Personnel Rules 20162023 16 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. 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. Apache Junction Personnel Rules 20162023 17 Section 8. Classified Service All positions in the City service except those positions in the non- classified service, examples of non-classified positions are: city manager, city attorney, and presiding magistrate. 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. Apache Junction Personnel Rules 20162023 18 Section 15. Employee A person who is paid a wage, salary, or stipend from public monies in accordance with official entries on the City payroll except for City Council members. Section 16. Human Resources Director The Human Resources Director administers the provisions of the Personnel Rules and City policies affecting employees not specifically reserved to the City Council, the City Manager, or the Hearing Officer. The Human Resources Director is responsible for the administration of the merit system. This includes, but is not limited to, interpreting personnel rules and regulations, the authority to review the hiring, firing, transferring, promoting, demoting, suspending, resignation, separation, and reinstating of employees, management of the classification and compensation system, the performance evaluation system and maintenance of employee records. Section 17. Job Description A written statement of the characteristic duties, responsibilities, and qualification requirements that distinguish a given class from other classes. Section 18. Lay-off The separation of an employee occurring when a position in the classified service has been abolished, or when there is a reduction in force (RIF). Section 19. Non-classified Positions Non-classified means the job has no established minimum qualifications until time of recruitment. Generally, this is due to the nature of appointment and/or responsibilities. The city manager, city attorney, and presiding magistrate positions are non- classified positions. Apache Junction Personnel Rules 20162023 19 Section 21. Performance Report The periodic evaluation of an employee's work. Section 22. Personnel Ordinance An ordinance that creates or amends a personnel system for the City of Apache Junction, Arizona. Section 23. Position An aggregation of tasks and responsibilities requiring the services of one person. Section 24. Probation Period A specific period of time following an initial, promotional, re-employment, transfer or demotion appointment which is a work-test period for the employee and during which the employee is appointed on a trial basis. Section 25. Promotion The appointment of a career status 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. Apache Junction Personnel Rules 20162023 20 Section 27. Rehire The appointment of a former employee. Section 28. Reinstatement The appointment of a person from a layoff list. Section 29. Separation The termination of employment by reason of unsatisfactory completion of the probationary period, lay-off, resignation, retirement, dismissal, or death. Section 30. Sick Leave Time off with pay granted by the City to career status and probationary employees who regularly work in excess of 19 hours per week. Section 31. Suspension The temporary separation from employment of an employee with or without pay for disciplinary purposes. Section 32. Transfer The appointment of an employee to another department and from a position in one class to a position in the same class. 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 by the city to career status and probationary employees who regularly work in excess of 19 hours per week; such time off is granted at the convenience of the City. Section 35. Written Reprimand Written disciplinary notice issued to an employee. Apache Junction Personnel Rules 20162023 21 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. Accrual - The periodic and incremental accumulation of time or wages. Active Pay Status - The status designation for any period of time when an employee is eligible to receive pay directly from the City including, but not limited to: hours worked, paid time off, and paid leave. Administrative Leave with Pay - Paid leave given at the discretion of the department Director and with HR Director approval, usually granted during an investigation into improper conduct. Alcohol - Ethanol, isopropanol, or methanol; and an organic compound containing one of more hydroxyl groups. Anniversary Date - Annual reoccurrence of the date on which an employee was hired. Appointment - The act of filling a position. Arizona Revised Statutes (ARS) - Laws adopted, enacted or amended by the Arizona State Legislature. Arizona State Retirement System (ASRS) - State agency which provides retirement benefits, long-term disability benefits, and other benefits to employees of political entities. Assignment Pay - Pay provided to eligible employees as compensation for performing a special duty or assignment. At-Will Employment - The status of an employee who serves at the discretion of the City Manager and may be terminated from employment with or without notice and with or without cause, with no administrative right of appeal. Base Rate - The basic hourly rate (or hourly equivalent) applicable to an employee that does not include any additional or special pay that may be applicable to work performed by an employee. Apache Junction Personnel Rules 20162023 22 Benefit(s) – Non-monetary programs made available to eligible employees, the cost of all or part of which may borne by the City. Birthday Leave – A flexible paid day off in recognition of an employee’s birthday; such time off is granted at the convenience of departmental needs. Career Status – Employes who serve a probationary period. City – City of Apache Junction, AZ. City Business - Business directly related to the City, an employee’s performance of job duties, or participation on boards and commissions affecting or dealing with City functions. City Manager - The chief executive officer of the City who is appointed by the Mayor and City Council pursuant to City Code. As used in these rules, the term “City Manager” may also mean one or more subordinate management employees designated by the City Manager to perform a specific management function on behalf of the City Manager, sometimes referred to as “designee” or “designees”. 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. Classification Date - The date on which an employee was appointed to a title. Classification Plan - The list of classified titles. Classified Employee/Classified Service - Employee positions with the City other than appointed/elected officials and those designated as non -classified such as the City Manager, City Attorney, and City Magistrate . Commercial Driver’s License - A specified type of driver's license required to operate large, heavy, or placarded hazardous material vehicles in the United States in commerce. Compensatory Time - Those hours worked in excess of forty (40) hours for the seven (7) day work period and accrued, rather than compensated as overtime, in the employee’s compensatory bank to be used for authorized time off. Consolidated Omnibus Budget Reconciliation Act of 1986 as amended (COBRA)- Federal law which provides employees and their families who lose Apache Junction Personnel Rules 20162023 23 their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time. Corrective Action - The supervisory techniques of documented oral counseling, written reprimand and formal disciplinary action. Day(s) - Calendar days unless otherwise noted. Demotion - The appointment of an employee from a position in one class to a position in another class assigned a lower salary group. Department Director - The head of a department and includes any appointed official who serves as a department director (e.g. City Manager, City Attorney, and City Magistrate). Designee - Employee authorized to perform a function with or on behalf of another employee. Dismissal/Termination - A separation from employment for cause initiated by the City. 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). Employee - A person working for the City for compensation (wage, salary, stipend) who occupies a position subject to appointment, promotion, demotion, dismissal, separation or removal except for City Council Members. Employee Assistance Program (EAP) - An Employee Assistance Program (EAP) is a work-based program that offers free and confidential assessments, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related issues. Eligible List - A list of qualified persons that may be considered for employment. Employee Self Service (ESS) - A web-based application that allows employees to securely access personal information, pay and tax information, and benefit open enrollment. Apache Junction Personnel Rules 20162023 24 Equal Employment Opportunity (EEO) - Equal employment opportunities are provided to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, sexual preference or status as a veteran in accordance with applicable federal laws. Exempt Employee - An employee who, due to the nature of the duties of their position with the City, has been determined to be exempt from the minimum wage and overtime provisions of the FLSA. Extended Family Member – An extended family member is defined as: In-laws: daughter in-law, son in-law, mother in-law, father in-law, brother in-law, sister in-law, stepchildren, step parents in-law, grandparent or grandchild of an employee. Fair Labor Standards Act of 1938 as amended (FLSA) - Federal law that provides minimum standards for both wages and overtime entitlement and describes administrative procedures by which covered work time must be compensated. Family and Medical Leave Act (FMLA) - Federal law which allows eligible unpaid leave related to the medical care for the employee or employee’s family member. Fiscal Year - As applied to the City, the one-year period from July 1 to the following June 30. Floating Holiday – A flexible paid day off with the purpose of acting as a substitute for a public holiday; such time off is granted at the convenience of the department needs. Grievance – An official statement of a complaint in response to a disciplinary action believed to be wrong or unfair. Hiring Authority - A management level employee who is authorized to make decisions regarding the recruitment, selection, and hiring of employees by an appointed official or designee. Human Resources Director - The Department Director and/or their designee who administers the provisions of the Personnel Rules, Administrative Procedures and City policies. The Human Resources Director is responsible for, but not limited to: interpreting personnel rules and regulations, the authority to review the hiring, firing, transferring, promoting, demoting, suspending, resignation, separation, Apache Junction Personnel Rules 20162023 25 and reinstating of employees, management of the classification and termination, compensation system, the performance evaluation system, maintenance of employee records and employee welfare through employee assistance programs. Immediate Family Member – Unless otherwise noted in specific sections of the personnel rules, an immediate family member is defined as: a) 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 eighteen (18) years of age or eighteen (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. Insubordination – The failure to comply or refusal to follow lawful directives of a supervisor or another administrative authority. Job Description - A written statement of the characteristic duties, responsibilities, and qualification requirements that distinguish a given class from other classes. 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). Non-classified Employees – Employee positions not included in the classified service are non-classified employees. Persons in non-classified positions are at-will employees. Non-classified positions include: A. City Manager B. City Attorney C. City Magistrate D. Other Contract Employees E. Part-time, temporary and intern employees Non-Exempt Employee - An employee who, due to the nature of the duties of their employment position with the City, has been determined to be non - Apache Junction Personnel Rules 20162023 26 exempt from (covered by) the minimum wage and overtime provisions of the FLSA. Overtime Hours - Eligible hours in excess of the established number of hours for the established work period. Pay Grade - The numerical grouping of one or more job titles based on compensable factors. Performance Review - The periodic evaluation of an employee's work. Personnel File - The hard copy and/or digital file maintained by the Human Resources Department, which contains all original personnel-related information for each City employee. 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. Promotion - The appointment of a career status employee from a position in one class to a position in another class with a higher salary group assignment. Public Safety Personnel Retirement System (PSPRS) - State agency which provides retirement benefits to public safety personnel, as cited in these rules as PSPRS. Reasonable Accommodation – A modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process as defined in Title I of the Americans with Disabilities Act (ADA). These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities. Reasonable Suspicion/Cause - 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. 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. Rehire - The appointment of a former employee. Reinstatement - The appointment of a person from a layoff list. Apache Junction Personnel Rules 20162023 27 Resignation - A separation from service initiated by the employee. Separation - Ending employment with the City by reason of unsatisfactory completion of the probationary period, lay-off, resignation, retirement, dismissal, termination, or death. Sick Leave - Time off with pay for medical/illness related instances granted by the City to employees. Supervisor/Manager - An employee whose job description includes the authority and responsibility to exercise supervision and manage work assignments of other employees. Suspension – The temporary separation from employment of an employee with or without pay for disciplinary purposes. Sworn Personnel - Individuals hired into certified public safety positions (e.g. police officers). Time-off Request – an employee request for paid time off. Transfer - The appointment of an employee to another department and from a position in one class to a position in the same class. Unpaid Absence - An absence other than one resulting from the use of accruals, paid emergency absences, or other paid leaves of absence. Vacation - Time off with pay for rest/leisure granted by the City to employees; such time off is granted at the convenience of the department needs. Work Period - The fixed and regularly recurring seven (7) day period of Saturday at 12:01 A.M. to Friday at 12:00 Midnight upon which overtime compensation may be calculated. Written Reprimand - Written disciplinary notice issued to an employee. Apache Junction Personnel Rules 20162023 28 Rule 3. General Provisions Section 1. Equal Employment Opportunity The City of Apache Junction provides equal employment opportunities, in accordance with applicable local, state, and federal laws, to all employees and applicants for employment without regard to race, color, religion, sex (including gender identity, sexual orientation and preference, and pregnancy), national origin, age, or disability, or status as a veteran in accordance with applicable federal laws. Non-Discrimination The City complies with applicable state laws governing non-discrimination in employment. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, separation, termination, layoff, recall, transfer, leaves of absence, compensation and training. The City also provides equal treatment for disabled employees who can perform with accommodation the essential tasks of the position that are bona fide occupational qualifications of the position when such accommodations do not impose an undue hardship on the City. Equal Employment Opportunity (EEO) Program The Human Resources Department is responsible for the administration of the EEO program and shall undertake the following actions to ensure equal employment opportunities in the City: A. Periodically review all position qualifications and descriptions to ensure requirements are relevant to the tasks to be performed and make recommendations as needed to delete requirements not reasonably related to the tasks to be performed. B. Ensure that pay and benefits depend upon position responsibility and, along with overtime work, are administered on a non-discriminatory basis. C. Inform and provide guidance to staff and management personnel who make hiring decisions so that all applications for selections, promotion and termination, are considered without discrimination and all applicants be given equal opportunity regardless of race, color, national origin, sex, age, disability, sexual orientation and preference, gender identity or expression, or status as a veteran in accordance with applicable federal law. Apache Junction Personnel Rules 20162023 29 D. Create a pool of qualified candidates to encourage diversity and ensure equal employment opportunity in hiring. The following recruitment practices will be followed under the EEO Program: 1. Positions selected for an external competitive recruitment process will be open for a minimum of fourteen (14) calendar days. 2. Positions selected for an external competitive recruitment process shall be advertised to the broadest audience available and appropriate for the position to include web-based employment sites. F. Make available the EEO policy to employees, contractors and suppliers. F. Include an EEO phrase on applications and job announcements in accordance with Federal and State labor laws. 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, Captains, Public Works Director and other persons the City Manager may specify are designated to be key emergency personnel and are required to live within a 15 minute response time to their work location. Police officers, Corporals, Sergeants, and Lieutenants, 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 Ddirector/Cchief of Ppolice, the cCity mManager can may provide a written waiver of this requirement for Police Officers, Corporals, Sergeants, and Lieutenants. Such waiver will be placed in the officer’s employee’s personnel file. Use of City Vehicle Key emergency personnel shall have the use of a City vehicle 24/7. Apache Junction Personnel Rules 20162023 30 No employee, who resides outside the corporate limits of the City, except for key emergency personnel unless or designated by the City Manager in writing, shall have the use of a city vehicle for other than regular working hours. A copy of such designation shall be placed in the employee’s personnel file. Apache Junction Personnel Rules 20162023 31 Section 4. Compliance with the Immigration Reform and Control Act of 1986 All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Acceptable documents are listed on the back of the form. If the required documentation is not received from the employee within three (3) business days of the date of hire, the employee shall be terminated. Section 5. Affirmative Action In the City of Apache Junction, an affirmative action program means using a personnel system designed for inclusion of otherwise qualified workers in personnel actions, regardless of race, religion, age, sex, physical handic ap, color, national origin, sexual preference or orientation, 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 policy of the City to expect, uphold, promote, and demand the highest standards of conduct from all of its employees. Accordingly, all City employees should maintain the utmost standards of personal integrity, truthfulness, honesty, ethics, and fairness in carrying out their public duties. Employees of the City shall uphold the Constitution, laws of the United States, State of Arizona, and the City, and shall also be: 1. Honest and trustworthy in what they say, do, and write in all professional relationships. 2. Dedicated to providing quality services by being cooperative and constructive, and by making the best and most efficient use of available resources. 3. Fair and considerate in the treatment of citizens and fellow employees, providing service with equality, and granting no special favors. Apache Junction Personnel Rules 20162023 32 4. Committed to accomplishing all tasks in an efficient and cost-effective way, and never performing in a way that will harm the image of the City. 5. Recognizing that public and political policy decisions are the responsibility of the City Council, the people elected to represent the citizens. 6. Dedicated to improving the lives of the citizens of the City. The City values integrity, respect, honesty, and responsibility in its employees. Conflict-of-Interest 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. Employees should avoid any improprieties, real or perceived, in while conducting City business, and never use their City position or powers for personal gain. It is unethical for any employee to use public influence or “inside” confidential information for his/her personal advantage. City employees are required to comply with conflict of interestconflict-of-interest laws under ARS Title 38. An employee and/or supervisor shall contact the City Attorney for guidance if there is any concern regarding a potential conflict-of-interest. A publicAn 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. Interest in Appointments Employees should not canvass the Mayor or Councilmembers, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to a City job. Preferential Treatment to Individuals Granting any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen is prohibited. 1. Disclosure of Confidential Information The City maintains confidential materials of various kinds (i.e., financial records, personnel data and administrative/legal opinions,) designated as confidential by the City Manager or his/her designee. All employees are expected to assume responsibility for safeguarding City records, equipment, property, and other materials. Access to certain Apache Junction Personnel Rules 20162023 33 material is based upon job classification and a need ‐to‐know basis. Appropriate confidentiality will always be maintained. 2. Representing private interest before City agencies or courts No person whose salary is paid in whole or in part by the City shall appear on behalf of private interests before any agency related to City activities. They shall not represent private, business, and/or financial interests in any action or proceeding against the interest of the City in any litigation to which the City is a party. 3. Interest in Contract with the City No employee of the City shall have any interest in any contract made by them in their official capacity. Section 7. Professional and Personal Conduct A relaxed and friendly atmosphere at work is encouraged as conducive to productivity, teamwork, and morale. However, human dignity and personal safety shall not be compromised. 1. Employee Behavior All employees shall treat each other, their supervisors, subordinates, the citizens and visitors with the utmost dignity and respect. The following acts will not be tolerated: A. Physically harming others. B. Verbally abusing others. C. Insubordination, inappropriate, threatening or offensive language. D. Using intimidation tactics and making threats. E. Sabotaging another's work. F. Stalking others. G. Making malicious, false and harmful statements about others. H. Publicly disclosing another's private information. I. Bullying Harassment can take many forms and includes any behavior that has the purpose or effect of bullying or of creating an intimidating, hostile or offensive work environment or interferes with an individual’s work performance. Harassing conduct includes, but is not limited to: using derogatory nicknames or slurs; negative stereotyping; behaving in a threatening or intimidating way; and verbal or physical conduct that degrades or shows hostility or hatred toward an individual. Apache Junction Personnel Rules 20162023 34 2. Appearance of Work Areas Work areas are to be kept neat and presentable in the interest of safe ty and efficiency, presenting a professional appearance at all times for co ‐ workers and visitors alike. 3. Use of City Vehicles and Equipment City vehicles should be used only for City business and should not be used for personal errands. Employees operating City vehicles and equipment are required to comply with all state and local traffic laws. Safety belts must be worn while riding in or driving a City vehicle. If safety belts are inoperable or are not provided, employees should immediately contact the fleet supervisor and report any safety deficiencies. Use of cell phones, texting, or reading incoming messages while operating a City vehicle is prohibited. 4. Care of Personal Belongings/City Supplied Items The City does not assume responsibility for the loss of personal money or belongings, nor is it covered by insurance for such loss. Therefore, each employee needs to protect their personal belongings while at work. The City may provide certain clothing, clothing allowances, equipment, and other items for designated positions to aid an employee to perform assigned duties. It is the responsibility of the employee to wear, use, and maintain City‐provided materials. Apache Junction Personnel Rules 20162023 35 Section 87. 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 workday, of any medication he/she is taking which may cause drowsiness or other side effects that could lead to injury to either him/herself or to his/her co - workers. Section 98. 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. Employees should not accept external gifts, loans, gratuities, discounts, favors, hospitality, services or other compensation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the employee in the performance of duties. Examples of acceptable courtesies include a meal or social event when representing the city; floral offerings or gifts of food to commemorate events such as illness, death, birth, holidays, promotions; or a sample or promotional gift of nominal value ($25 or less). Apache Junction Personnel Rules 20162023 36 Section 109. Outside Employment and Volunteer Activities Outside Employment Outside employment shall not conflict with the position held in the City , this is to include but is not limited to work performance, ethics, and scheduled hours. 1. Outside employment with an entity that conducts business with the City or requires the employee to have frequent contact with entities that regularly do business with the City without full disclosure and satisfactory management of any potential conflict of interest. 2. Outside employment that cannot be accomplished outside of the employee’s normal working hours or is otherwise incompatible with the performance of the employee’s duties by placing the employee in a position of conflict between the employee’s role at the City and the employee’s role in the outside employment. 3. Performance of work for any governmental entity within the State of Arizona without the written consent of both employers. 4. Outside employment that exploits official position or confidential information acquired in the performance of official duties for personal gain. 5. Outside employment that the public may view as work on behalf of the City. An exception to restrictions on outside employment pertain to the Public Safety Department. Outside employment of sworn police officers must conform to Police Department Policies and Procedures. Due to the importance of the public’s perception of the governmental system, the City requires that all employees who engage in outside employment disclose such work to their Department Director, who will notify the Human Resources Director if appropriate. Outside employment is subject to review for conformance to these personnel rules. Employees engaged in outside employment determined not to be in conformance may be required to cease such employment. Career status employees are to consider the City of Apache Junction as the primary employer. Volunteer Activities Apache Junction Personnel Rules 20162023 37 Employees are encouraged to engage in volunteer activities. However, employees should evaluate their volunteer activities in the same manner as outside employment to identify any potential substantive or ethical conflict with the employee’s position with the City. Apache Junction Personnel Rules 20162023 38 Rule 4. Recruitment and Selection Section 1. Policy Statement This section is to describe the process for recruiting to fill open positions. The filling of all vacancies will be made with the objective of obtaining individuals who are qualified and best suited to perform in the positions for which they have applied. 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 electronic application form prescribed by the Citythrough the City’s talent acquisition software found on the City’s HR webpage. Human Resources will provide reasonable accommodations and assistance for applicants to complete their online application. Electronic aApplications must be signedsubmitted by the person submitting the application and become the property of the City. Resumes may be attached to an application but will not be accepted in lieu of a fully completed application, except as pre-determined for a recruitment conducted by a third-party.. Section 3. Recruitment and Selection Process When a vacancy exists or is anticipated for an existing position, the Department Director or hiring Supervisor shall submit a recruitment request to the Human Resources Director. The request is initiated by completing a requisition through the City’s talent acquisition program. Vacancies for regular and temporary, full- and part-time classified and unclassified positions may be filled by an external competitive recruitment process or an internal competitive recruitment process. The Human Resources Department and the hiring department will work together to develop recruitment and selection strategies for each vacant position. The Human Resources Department is responsible for ensuring compliance with all applicable laws and policies regarding recruitment, shall conduct all recruitment processes and retain all recruitment records. 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 Apache Junction Personnel Rules 20162023 39 interests of the City. Probationary employees may apply for appointment to a vacant position with the approval of their department director. Positions selected for an external competitive recruitment process will be open for a minimum of fourteen (14) calendar days. Positions selected for an external competitive recruitment process shall be advertised to the broadest audience available and appropriate for the position. Any city employee may apply for positions posted as external recruitments. Positions selected for internal competitive recruitment process will be opened for a minimum of seven (7) calendar days. 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, drug and alcohol pre-employment screenings, consumer background reports, 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. Apache Junction Personnel Rules 20162023 40 Section 5. Screening of Applicants The Human Resources Division shall refer all minimally qualified applications to the appropriate Department Director or designee for review. Non‐qualifying and/or incomplete applications will remain in the talent acquisition program and will not be considered in the recruitment process. Minimum Qualifications Applicants for appointment, promotion, or transfer to positions must possess the minimum qualifications stated in the job announcement. The determination as to whether a person meets the specified minimum qualifications set for the position shall be made by Human Resources. A review of the applicant’s employment application, academic credentials, work experience, certifications, skills, examination results if required, and any other pertinent information shall be used in determining whether an applicant possesses the minimum qualifications. Section 6. Offer of Employment All offers of employment will be made exclusively by Human Resources, except for those positions filled through appointment by the City Council such as the City Manager, City Attorney and City Magistrate. Human Resources will notify Department Directors, hiring Supervisors or designees as soon as an offer has been accepted, pre-employment screenings have been completed and a reporting date has been arranged. Section. 7 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. Qualified applicants who apply for a position but are not selected may be placed on an eligibility list for the position they applied for and/or for another related position within the City. The related position must be in the same or lower pay range than the position for which the candidate applied. Example: The Administrative Assistant eligibility list may be used to fill an Office Support Specialist, but not vice versa. Candidates placed on an eligibility list for a position may be eligible to be interviewed for that position or a related position at a lower pay range, should it become available, without having to reapply. The list will be kept on file in Apache Junction Personnel Rules 20162023 41 Human Resources for six (6) months from the date the position closed. Human Resources may extend the expiration of the eligibility list for an additional six months upon a Department Director’s request. The name of any person appearing on an eligible list shall be removed by the Human Resources Director if the person whose name on the list makes written request to have it removed, or if the eligible person fails to respond to a notice of eligibility mailed to the last known address of record. Section 86. Hiring of Relatives The City shall not permit any 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 be employed in a position where one is in a supervisory chain of the other; this is construed to be direct or indirect line of supervision. This applies to any other relationship which may be construed to have similarities to either blood or marital relationships, i.e. adoption, guardianship, etc. If one or more of the relationships outlined above are created by City employees working in the same department, Rule 14. Fraternization Policy applies. No person related by blood or marriage as defined above, of an active City Council Member, City Manager, City Attorney, City Magistrate, or Department Director, shall be appointed appoint or be involved in the decision to hire any immediate family member or relative, related within the third degree of affinity (marriage) or consanquinity (blood), as defined in ARS § 38-481 and Administrative Code R2-5A-305, to include a spouse, child, parent, grandchild, grandparent, sister, brother, great grandchild, great grandparent, aunt, uncle, nephew, niece or first cousin, to a position in the City of Apache Junction. Source: ARS 38-481. Immediate family or employees who reside in the same household will be allowed to work in the same department, and neither will be required to transfer or terminate employment, as long as neither is in a position that requires supervising the other. If a supervisory responsibility is involved, Rule 14. Fraternization Policy applies, and the affected employees will determine which of them will transfer or resign in order to ensure compliance with this policy. The City will assist in exploring transfer opportunities to like or similar positions for either employee. Apache Junction Personnel Rules 20162023 42 If no transfer opportunity exists after 90 days, one of the employees will be required to resign employment with the City. Should a supervisory employee marry a subordinate employee, both employees shall report the marriage to the next higher up supervisor in the chain of command and the Human Resources Director. Failure to do so is grounds for discipline, up to and including termination. Apache Junction Personnel Rules 20162023 43 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. Apache Junction Personnel Rules 20162023 44 Section 2. Employee Status Every employee in the City service shall hold one of the following status identifications determined by position characteristics, probation requirements, or both: A. Initial probationary status B. Career status C. Transitional probationary status D. Non-career status Section 3. Attainment of Status A. Initial probation Every person when first appointed or re-employed to a full-time or part- time City position, other than a non-career status position, shall hold initial probationary status for the probation period, which is one (1) year; unless they are appointed to a title which requires Arizona Peace Officer Standards and Training (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, to a position in his/her job family, 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. Apache Junction Personnel Rules 20162023 45 C. Transitional probation Every career status employee who is promoted, transferred, or voluntarily demoted shall hold transitional probation status for the full probationary period of the new position where a probation period is required. The transitional probation period is six (6) months. In the event of placement due to layoff action, the employee will not serve a probation period; however, if an employee is appointed from a layoff list and to a title in which there was time remaining in his/her probation period, the employee will complete the time remaining in his/her probation period. D. Non-career Status Employees who are appointed to limited, intermittent, seasonal, part time 19 or less hours, or contractual positions shall hold non-career status for the duration of the appointment and shall not serve a probation period. Non-career status employees include contract employees such as the city manager, city attorney, and presiding magistrate. Section 4. Probation Probation periods shall be regarded as integral parts of the recruitment and selection process and shall be utilized for close observation of the employee's work, performance of duties, job dedication and for securing the most effective adjustment of a new employee to the position and to separate or demote an employee whose performance does not meet required standards in accordance with the following: A. Separation during initial probation An employee in initial probationary status may be separated at any time without cause and without right of appeal. Employees are considered at- will during this time period. 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 Human Resources Director be a minimum of two (2) weeks prior to the action and probation period end. Apache Junction Personnel Rules 20162023 46 B. Separation during transitional probation An employee in transitional probationary status may be separated if the employee does not perform satisfactorily during the transitional probation period. An employee in transitional probationary status has no right to return to his/her former position. The Department director is responsible for notifying the probationer and the Human Resources Director, prior to the end of the probation period, of successful or unsuccessful completion of probation . Section 5. Duration of Probation A. Initial The initial probation period shall be one (1) year of actual service from the date of appointment, except for police personnel in titles requiring AZ Post certification. The initial probation period for titles requiring AZ POST certification shall be one (1) year, providing they hold AZ POST certification at time of appointment. Those not holding AZ POST certification at time of appointment and where AZ POST Certification is required to continue in the title shall serve a fifteen (15) month probation period. At the request of a department director, the Human Resources Director may approve an extension of the initial probation period, to a maximum of three (3) months actual service. B. Transitional The transitional probation period shall be six (6) months from applicable action and is required for transfers, promotions, and voluntary demotions unless requested to be waived by the Department director and approved by the Human Resources Director. The transitional probation period of non-sworn and non-AZ POST certified employees to a title requiring AZ POST certification shall be ten (10) months. At the request of a department director, the Human Resources Director may approve the extension of the transitional probation period for up to one (1) 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. Apache Junction Personnel Rules 20162023 47 Section 6. Effect of Status on Employee Rights and Privileges A. Employees in Initial Probationary Status 1. May be separated or demoted at any time for any reason without cause except for unlawful discrimination as defined in Rule 17, Grievance and Appeal Procedures; 2. May not grieve or appeal any decision relating to his or her employment, including dismissal, except for alleged unlawful discrimination as provided in Rule 17, Grievance and Appeal Procedures. B. Employee in Career Status 1. Shall 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. Apache Junction Personnel Rules 20162023 48 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. Rehire Appointment The re-employment of a former employee. D. Transfer Appointment The appointment of a career status employee from one department to another department and from a position to a position in the same class. No employee shall be transferred to a position for which the employee does not possess the minimum qualifications. E. Demotion Appointment The appointment of a career status employee from a position assigned a lower salary group. The employee must meet the minimum qualifications of the demoted position. 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. The City Manager has the authority to reassign an employee within the employee’s classification across departments to address the needs of the City. Apache Junction Personnel Rules 20162023 49 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 Employees who meet the criteria established by the FLSA as amended, and relevant case law, are exempt from overtime pay. Notwithstanding any other provision of these Personnel Rules or any other policy of the City of Apache Junction, FLSA classified exempt 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 Family and Medical Leave Act (FMLA) or the deduction is a penalty or disciplinary measure taken for infractions of safety rules of major significance. In addition, the FLSA allows deductions for one or more full days for infractions of workplace conduct rules. B. Nonexempt Employees Nonexempt employees are FLSA covered employees who do not meet the criteria to be classified exempt. 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. Apache Junction Personnel Rules 20162023 50 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 all of 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; andemployee. 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 employee may request a classification review of the position. The request shall be submitted in writing and to the Human Resources Ddepartment. 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. Apache Junction Personnel Rules 20162023 51 Section 4. Creation, Abolishment and Reclassification of Positions Creation, abolishment, and reclassification of positions in civilian salary group 30 Grade 42 and above and sworn salary group SLCommand Staff Grade 8 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 civilian salary group 29 41 and below and below sworn salary group SLCommand Staff 7. Apache Junction Personnel Rules 20162023 52 Rule 7. Employee Records Section 1. Policy The official employee personnel file is maintained by the Department of Human Resources. Unless otherwise required by law, personnel files shall be protected from access by persons other than the City Manager, Human Resources personnel, City Attorney, the employee’s Department Director or Supervisor, or others as the City may designate as appropriate under the circumstances, and the employee. The City will respond to legally issued subpoenas, judicial orders or public records requests in regard to personnel files, or as otherwise required by law. Employee records will be kept confidential except as required by sState or fFederal law. Section 2. Accessibility Employee records considered public records are available pursuant to Arizona Law. Employee personnel records maintained by the city are accessible to the following: A. City Manager, Human Resources department staff, employee, Department Director, and supervisor. B. The employee for review of his/her own individual personnel file. An employee may review his/her official personnel file by appointment. Employees shall not remove any records from the personnel file but may obtain copies of records. C. City Department Director and supervisor considering appointment of a City employee, who has responded to a bona fide recruitment. D. Legal representatives of the employee and the City. E. Records that are subpoenaed. F. Any person or organization with a signed written release statement from the employee. Employees may request in writing the opportunity to review their personnel files. Files can be reviewed in Human Resources in the presence of a Human Resources staff. At the request of the employee, copies of materials included in their files shall be furnished to the employee within a reasonable time frame. A Department Director and/or immediate Supervisor will have access to the personnel file of the employees in their chain of command, as appropriate and when needed. Apache Junction Personnel Rules 20162023 53 Human Resources personnel will have access to personnel files for the purpose of carrying out necessary personnel transactions. All inquiries for information on current or former employees made by parties other than the employee, Department Director, immediate Supervisor, or hiring Supervisor will be handled in accordance with the Arizona state public records laws. Release of any information to an outside party must be requested via a Public Records Request Form authorized by City Clerk or their designee; a written authorization from a current or former employee; or, a legal summons (limited exceptions may apply). If necessary or required, the City may disclose information to the appropriate party in a lawsuit, grievance, or other proceedings initiated on behalf of the employee including without limitation, proceedings relating to workers’ compensation, unemployment compensation, marital dissolutions or other actions relating to benefits sought by the employee. Section 3. Contents of Personnel File Once material has been entered into an employee’s personnel file it shall remain with the contents of the file in accordance with the Arizona state record retention laws. 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. 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. Section. 5 Verification of Employment Only the following information will be provided to prospective employers and other agencies seeking employment verification: Apache Junction Personnel Rules 20162023 54 A. Dates of employment B. Job title C. Pay rate In response to reference requests, public records requests and subpoenas, the City will provide the same information only if requested. Apache Junction Personnel Rules 20162023 55 Rule 8. Attendance and Leaves Section 1. Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees. An employee shall be considered absent without leave when absent from work for three (3) or more consecutive working days without authorization. This absence is automatically considered resignation by job abandonment. Tardiness and/or absenteeism or pattern of absences and/or tardiness may result in disciplinary action. Section 2. Vacation Leave Employees shall be entitled to annual vacation leave with pay except the following: A. Employees who have served less than six months in the service of the City. B. Employees who work less than 1,040 hours per year. Upon completion of six (6) months of actual service, each eligible employee shall be credited with up to forty-eight (48) hours of vacation and shall accrue vacation thereafter at the rate specified in this rule. It is the responsibility of the employee to schedule his/her vacation time in compliance with departmental workloads and needs and to obtain supervisor approval in advance. It is the supervisor’s duty to confirm the approval or denial of an employee’s requested vacation leave in a timely manner. All vacation leaves are to be taken at the convenience of the department and shall be approved in writing, or through automation, by the Department Director or his/her designee. Vacation credits shall not be allowed to accumulate in excess of 320 hours at the first of January of any calendar year. Any vacation credits in excess of 320 hours at the first of any calendar year become void. It is the responsibility of the employee to schedule his/her vacation time in compliance with departmental workloads and needs. Apache Junction Personnel Rules 20162023 56 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. The City Manager may provide a hiring incentive of additional vacation hours than referenced above and may allow such vacation time to be used immediately. Section 3. Sick Leave A. Sick Leave for Career Status Employees 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. 1. Accrual a) 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. b) The employee must have completed thirty (30) days of employment before sick leave credits are granted. c) 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. d) Employees eligible for sick leave may bank a maximum of 1,040 hours. Sick leave credit is neither earned nor posted granted when an employee is at the maximum. Apache Junction Personnel Rules 20162023 57 B. 2. Use of Sick Leave Credits 1.a) 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. Sick leave may also 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 member. 2.b) When absence is required under sick leave, the employee or his/her designee shall notify the employee’s immediate Supervisor of the reason prior to, or within one two (12) hours, of the employee’s scheduled starting time. Notification must be made 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.c) Upon approval by the department director, employees who have exhausted their sick leave credits may substitute their accumulated compensatory time credits first, if available, before vacation leave credits during absence as set forth in this Section. -d) 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. Apache Junction Personnel Rules 20162023 58 e) Sick leave credits shall not be granted in advance of accrual. f) If the employee did not submit a Time-off request (TOR) prior to the absence, the employee shall do so immediately upon his/her return to work or upon request. A Supervisor may enter a TOR for sick leave on behalf of an employee when an employee is absent and timecards are due to meet a payroll deadline. g) The City Manager may as an employee incentive, provide additional sick leave and new hires and may waive the limitations noted in Section 3 (1) above. B. Sick Leave for Non-Career status Employees 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. 1. Accrual a) The employee must have completed 30 days of employment before sick leave credits are granted. b) Employees shall accrue a minimum of one (1) hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 40 hours of earned paid sick time per year. A year is the period July 1 to June 30. c) An employee may use earned paid sick time as it is accrued. 2. Use of Sick Leave a. 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. b) Sick leave may also 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. c) Sick leave must be requested by a TOR through the function of the City’s timekeeping system. Apache Junction Personnel Rules 20162023 59 d) When absence is required under sick leave, the employee or his/her designee shall notify the employee’s immediate Supervisor of the reason prior to, or within two (2) hours, of the employee’s scheduled starting time. Notification must be made each day of a bsence 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. e) Sick leave credits shall not be granted in advance of accrual. f) If the employee did not submit a TOR prior to the absen ce, the employee shall do so immediately upon his/her return to work or upon request. A Supervisor may enter a TOR for sick leave on behalf of an employee when an employee is absent and timecards are due to meet a payroll deadline. C. Investigation of Sick Leave 1. Department directors may investigate the alleged illness of an employee absent on sick leave. False or fraudulent use of sick leave shall be cause for disciplinary action up to and including termination. 2. A department director may require submission of evidence from a licensed health-care practitioner substantiating the need for sick leave. If the department director determines the evidence is inadequate, the absence shall be charged to another category of leave or considered an unauthorized absence. C. Supporting Documentation and Investigation of Sick Leave The City may require submission of evidence from a licensed health-care practitioner substantiating the need for paid sick leave used on three (3) or more consecutive workdays. The City can require reasonable documentation showing the earned paid sick time was used for purposes permitted. Department Directors may investigate the alleged illness of an employee absent on sick leave. False or fraudulent use of sick leave shall be cause for disciplinary action up to and including termination. Apache Junction Personnel Rules 20162023 60 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. 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, or when the department director has reason to believe the employee should work, the department director may submit a written request to the Human Resources Director, requesting the 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. Apache Junction Personnel Rules 20162023 61 E. E. Sick Leave Payout The City offers a payout upon an employee death or when if 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. F. Donation of Sick Leave Hours between Employees Donation of sick or vacation leave hours are established by Administrative Procedure. Section 4. Workers’ Compensation Workers’ compensation and on the job illness or injury procedures are established by administrative procedure. Employees who sustain a job-related injury compensable under the Arizona Workers’ Compensation law are covered by the provisions of that law. Section 5. Military Leave Military leave shall be granted in accordance with state and federal law. All employees entitled to military leave shall give their supervisors an opportunity, within the limits of military regulations, to determine when such leave shall be taken. The request process for this leave is established in the City’s Administrative Procedures. Apache Junction Personnel Rules 20162023 62 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 shall reviews the request, and, if supported, submits it 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 up to three (3) months in a twelve (12)-month period. The Human Resources Director may extend the leave after review of the situation. A leave of absence without pay may be granted for up to twelve (12) months, if the absence is due to a workers’ compensation covered event. Benefits, Accruals, Holidays a. The employee’s health and dental benefits will be cancelled. b. The employee may, at his/her option, continue health and dental coverage through COBRA. c. 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% d. Credits do not accrue. e. The employee is not entitled to compensation for city observed holidays. Retirement Credit The employee is encouraged to consult with his/her retirement system for information regarding retirement service credit and his/her leave of absence without pay. Termination of Leave of Absence without Pay An employee on a Leave of Absence without Pay is not protected from changes at work and is not entitled to any greater restoration right than those of an employee not taking a Leave of Absence without Pay. Upon return from an approved leave of absence without pay, the employee shall be reinstated to the position held at the time leave was granted, only if the position is available. Failure on the part of an employee to report to duty upon expiration of the leave shall be cause for discharge. The effective date of discharge will be the first date of leave of absence without pay. Apache Junction Personnel Rules 20162023 63 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 for a total of 10 working days in any twelve-month period. Extended periods of leave with pay may not be granted except by express approval of the department director, Human Resources Director, and City Manager. Section 8. Jury Leave Career status employees who are called to meet an obligation as a citizen by serving on juries, will be granted time off with pay for jury duty. Compensation received by the employee, except mileage fees, will be paid by the employee to the City of Apache Junction. Section 9. Subpoena Leave If the subpoena or other order of the court appearance is City related, the employee will be granted time off with pay to meet the requirement 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 from work and may use their vacation, personal leave, or compensatory time, floating holiday to cover the absence. Apache Junction Personnel Rules 20162023 64 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. 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 an immediate family member, or biological, legally adopted or foster sibling.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 an extended family member. 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. An employee may request to use any available paid leave balances for additional time off as necessary. Any request to use paid leave balances will be considered in accordance with the leave policies set forth. Apache Junction Personnel Rules 20162023 65 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 an observed holiday falls on Friday or Saturday, the preceding Thursday will be considered the holiday. When an observed holiday falls on a Sunday, the following Monday will be considered the holiday. Public Safety and other employees may be required to be on duty for City observed holidays. Each year, on or before June April 1st, the City ManagerHuman Resources Department shall posts on the City intranet a list of the next fiscal year’s observed holidays and shall indicates which holidays are eligible for holiday pay. The City allocates ninety (90) holiday hours annually to full time employees, and fifty-five (55) annually to part time employees (twenty (20) hours or more per week); holiday hours in excess of those designated for paid City holidays will be converted to personal leaveFloating Holiday hours and will be deposited in the employee’s personal leaveFloating Holiday bank. The City Manager may provide additional holiday hours than referenced above with notification to City Council prior to the observed holiday. The holiday hours deposited into the personal leaveFloating Holiday bank shall be approved for use at such time that is mutually agreeable to the employee and the employee’s supervisor. Personal leaveFloating Holiday hours will not be available for use on an unplanned or call-in basis. Personal leaveFloating Holiday hours not used by June 30th of each year will be forfeited. In addition, all personal leaveFloating Holiday hours remaining, but not taken prior to the last day of employment with the City, shall be forfeited. For those holidays eligible for holiday pay, the employee must be on pay status their scheduled day before and day after the holiday. This means if an Apache Junction Personnel Rules 20162023 66 employee is on leave without pay or in any other no pay status, he/she will not be paid for the holiday. Section 13. Birthday Leave Birthday leave hours are granted on July 1st of each year. Birthday Leave must be used in total hours for an employee’s full scheduled day. Employees with normal hours of 32 or more per week are given hours equivalent to one regularly scheduled workday to be used as Birthday Leave. Employees with normal hours between 40 and 32 must use birthday leave as a full day absence. Part time employees with normal hours between 24 and 31 per week are given five (5) hours. Birthday leave hours are granted on July 1st. Prior to taking Bbirthday Lleave, an employee shall obtain approval from his/her supervisor. The leave may be taken at a time mutually agreed to between the employee and the supervisor. Employees are encouraged to use their Birthday Leave hours within 30 days of their birthday, however if Birthday Leave hours are not used by the end of the fiscal year in which they were granted, they will be lost, Birthday Leave hours are not carried over. Section 14. Rest Periods Employees may be granted two separate rest periods of fifteen (15) minutes each during a work shift. Rest periods shall be counted as time worked. Rest periods shall not be combined or used to provide an extended rest or lunch period or shorten the workday. Compensatory time or overtime pay shall not be granted for rest periods not received or taken or for work performed during the rest period. Apache Junction Personnel Rules 20162023 67 Section 15. Family and Medical Leave Policy A. Basic Leave The Family Medical Leave Act (FMLA) provides eligible employees with up to twelve (12) workweeks of job protected leave without pay in a twelve (12)-month period and requires group health benefits to be maintained during the leave as if the employee continued to work. FMLA designated time is not required to be a consecutive twelve (12) workweeks and can be intermittent, if applicable., 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 to twelve (12) weeks of FMLA designated leave to address qualified exigencies related to the employee’s spouse, son, daughter, or parent being on active duty or being called to active-duty status in the National Guard or Military Reserves. C. Military Caregiver Leave The FMLA includes a leave designation that permits eligible employees to take up to a combined total of twenty-six (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 twelve (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. Apache Junction Personnel Rules 20162023 68 E. Definitions For the purpose of designation of leave as family and medical leave the following definitions apply: 1.2. 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. 2.3. Next of Kin (Military Caregiver Leave): The nearest blood relative other than the covered service member’s spouse, parent, son or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court of decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. 3.4. Serious Health Condition: an illness, injury, impairment, or physical or mental condition that involves in-patient care in a hospital, hospice, or residential medical care facility or any subsequent treatment in connection with such in-patient care or continuing treatment by a health care provider. Per the FMLA, examples of situations that do not normally meet the definition of a serious health condition are; conditions for which cosmetic treatments are administered, the common cold, the flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease. Apache Junction Personnel Rules 20162023 69 F. Eligibility for Family and Medical LeaveFMLA 1. Who is eligible for leave designation under the Family and Medical Leave ActFMLA: Eligible employees are those who have been employed by the City for at least twelve (12) months and have worked (including paid absences) for a period of not less than 1250 hours during the preceding twelve (12) months. 2. When Family and Medical LeaveFMLA 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 twelve (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 twelve (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 att end post- deployment reintegration briefings. e. To care for a current member of the Armed Forces who has serious injury or illness incurred in the line of duty on active duty, and who is the spouse, son, daughter, parent, or next of kin of the employee. Eligible employees may use a combined total of twenty-six (26) weeks (FMLA and Military Caregiver Leave). 29 CFR 825.127 G. Duration of Family and Medical LeaveFMLA Eligible employees are allowed to be granted up to twelve (12) weeks of leave for basic FMLA and Exigency Leave and up to a combined total of twenty-six (26) weeks for leave under the military caregiver provision of the FMLA in a twelve (12)-month period. The twelve (12)-month period is computed as a rolling twelve (12)-month period measured backward from the date leave is used. Apache Junction Personnel Rules 20162023 70 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 compensatory leave and then vacation leave. 2. All accrued compensatory leave and then vacation leave shall be used before unpaid leave may be used. 3. Both non-exempt and exempt employees shall use earned accruals while on FMLA leave, if available. Exempt employees shall be charged in hourly increments for intermittent time off while on FMLA Leave. 2. 3.4. The amount of unpaid leave available shall be the time remaining after having deducted the eligible accrued paid leave time from the twelve (12) weeks, or twenty-six (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. 4.5. 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 twelve (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 perio d 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 Apache Junction Personnel Rules 20162023 71 does not deprive the employee of hours that he or she is otherwise available to work. Apache Junction Personnel Rules 20162023 72 J. Notice Requirements 1. Thirty-day-notice Requirement: An employee who has a preplanned FMLA qualifying event under the FMLA must give his or her department director thirty (30) days advance notice where practical. The notice may be verbal and the department director shall document the request for leave and provide a copy to Human Resources. If it is necessary that the leave begin in less than thirty (30) days, the employee must provide such notice as is practical. 2. Sanctions for Failure to Provide Notice: If the employee could have provided thirty (30) days advance notice to the department director but did not, the City may deny designation of leave for thirty (30) days after the employee provides notice. 3. Designation of Leave as Family and Medical Leave: It is the responsibility of the City to designate leave, paid or unpaid, as qualifying under the FMLA. The City may inquire further if the employee does not provide sufficient information to enable the City to designate the leave under the Act. K. Medical Certification and Reporting Requirements 1. The City may require that designated leave related to a serious health condition be supported by a certification issued by the employee’s health care provider, or the health care provider of the employee's spouse, daughter, son, or parent, as appropriate. A copy of this certification shall be provided to Human Resources within fifteen (15) calendar days of the request for certification. 2. The certification must include the following: a. The date on which the serious health condition commenced; b. The anticipated duration of the condition; c. The appropriate medical facts within the knowledge of the health care provider regarding the condition; d. A statement that the employee is needed to care for the daughter, son, spouse, or parent as appropriate. e. An estimate of the amount of time that the employee is needed to care for the daughter, son, spouse, or parent as appropriate. 3. Failure to provide certification within fifteen (15) calendar days may result in denial of leave designated under the FMLA until a certification is provided. 4. If the Human Resources Director questions the validity of the certification, the Human Resources Director may require the employee, Apache Junction Personnel Rules 20162023 73 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 if the designated leave is extended. 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 LeaveFMLA Designation on Accruals, Service, and Benefits 1. Accruals: a. While on unpaid leave an employee will not lose any credits accrued and unused before the date on which his/her leave is designated. b. The employee will not accrue vacation or sick leave credits. c. If the employee is not compensated in a month, retirement service credit will not accrue. d. The employee is not entitled to holiday pay. 2. City Service: a. The unpaid absence will not constitute a break in City service for seniority purposes. 3. Health/Dental Coverage: a. The employee is entitled to have his/her health and dental benefits maintained while on leave as if the employee had continued to work. b. It shall be the responsibility of an employee on unpaid leave which has been designated as family and medical leaveFMLA to provide his/her portion of the premium payment necessary to maintain health and dental insurance coverage. c. If an employee decides not to return to work, the City is entitled to recover from the employee the cost of the health insurance Apache Junction Personnel Rules 20162023 74 premiums paid while the employee was on leave designated as FMLA. However, no such repayment is required if the employee is unable to return, as certified by a health care provider, due to circumstances beyond his/her control (i.e., continuation, recurrence or onset of a serious health condition). M. Return from leave designated as Family and Medical LeaveFMLA 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 leaveFMLA 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 a reasonable accommodation. 5. When an employee returning from leave designated as family and medical leaveFMLA 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 leaveFMLA designation. Misuse of family and medical leavethis designation shall be cause for disciplinary action up to and including dismissaltermination. Apache Junction Personnel Rules 20162023 75 Rule 9. Overtime Section 1. Policy It is the City's policy to avoid the necessity for overtime work whenever possible but understands overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. 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 workday, 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 The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. All employees classified FLSA Exempt are excluded from payment of overtime hours, on-call pay, or call out pay assignment pay, or other special pay in and above the base rate of pay. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. However, FLSA exempt employees may be required to work a specified schedule set by their supervisor.Not all employees of the City of Apache Junction are covered by the Fair Labor Standards Act (FLSA). The City prohibits any deductions from FLSA exempt employees’ pay that are improper under the FLSA. Exempt employees shall not use partial day increments of accrued leave credits unless on FMLA designated leave. Non-covered employees include City Manager, City Magistrate, City Attorney, Associate City Magistrate, Judicial Assistant, and independent contractors. Some employees, while covered by the FLSA, are exempt by specific provisions of the Act. Apache Junction Personnel Rules 20162023 76 Apache Junction Personnel Rules 20162023 77 Section 3. Work Period All employees assigned a nonexempt status shall be paid an amount equal to one and one-half times their regular hourly rate for time worked in excess of forty (40) hours per week or the equivalent in compensatory hours, or as provided in these Rules (see Section 6. Calculation of Overtime). A work period is defined as seven consecutive days which begins on Saturday at 12:01 A.M. and ends the following Friday at 12:00 Midnight . 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 workplace." 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 they 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 TimePeriods All employees that work in excess of six hours shall be offered a meal break as ordered by the United States Department of Labor. The City requires all career status non-exempt employees that work in excess of six hours during a regular scheduled day to take at minimum a half-hour meal break. Departments may require a one-hour meal break depending on department needs and as needed to provide coverage for core hours of operation. Employees are prohibited from working through their meal break in order to reduce hours worked in the workday. Meal periods are not compensated when the following three conditions are met: (1) the meal period must be at least 30 minutes; and Apache Junction Personnel Rules 20162023 78 (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). Apache Junction Personnel Rules 20162023 79 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 and/or other contact will not accrue hours worked for those time periods. Employees who are assigned on-call status will receive compensation for each hour served in an on-call status. On-call compensation: - $2.00 per hour - The City Manager has the authority to adjust the compensation rate. On-call compensation does not apply when the employee is required to perform work-related duties during on-call time since that time is considered hours worked. If an employee is unable to use off duty time for his/her purposes as outlined in the FLSA, those hours shall be considered hours worked and not qualify for on-call status. Voluntary Work Employees who continue to work after their shift is over are engaged in compensable working time. The reason for the work is immaterial as long as the supervisor "suffers or permits" employees to work on the City's behalf, proper compensation must be paid. Once an employer allows the employee to work, or knows that the employee is working, the employee must be compensated. It is the supervisor's responsibility to make certain that unauthorized overtime work is not performed. According to the FLSA, the mere existence of a rule is not sufficient to avoid compensation for additional hours worked. Supervisors who permit employees to work overtime without compensation may be subject to discipline. Employees who work unauthorized overtime may also be subject to discipline. Apache Junction Personnel Rules 20162023 80 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 include but are not limited to: • 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 twenty (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 workday. • Donning and doffing (putting on and taking off work uniforms and equipment) 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 LeaveFloating Holiday • Birthday Leave • Vacation Leave • Sick leave • Compensatory time • On-call time • Time spent before, after, or between regular working hours. Apache Junction Personnel Rules 20162023 81 • Voting time if outside the regular-scheduled hours of work. Section 6. Calculation of Overtime When a nonexempt employee is on paid leave time, such time is not hours worked for the purposes of calculating overtime. However, holiday and vacation leave hours are considered hours worked for the purposes of overtime calculations. Section 7. Compensatory Time in Lieu of Paid Overtime The FLSA permits the City 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. Non-exempt FLSA classified employees who change from one salary group to another, either by promotion or demotion, shall, at their option receive a payout of their banked compensatory time, or retain the time at an amount equivalent to its value in the old salary. Payment will be at the employee’s current rate of pay prior to change. Non-exempt FLSA classified employees who become exempt FLSA classified employees shall receive payment for any compensatory banked time. Payment will be at the rate of pay in the non-exempt status. Apache Junction Personnel Rules 20162023 82 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. Apache Junction Personnel Rules 20162023 83 Section 10. Travel Time Home-to-Work Travel As a general rule, home-to-work travel is not compensable, even if an employee must travel from a town to an outlying site to get to the employer's premises. This is true whether an employee works at a fixed location or at different job sites. Generally, an employee is not at work until he or she reaches the work site. However, if an employee is required to report to a meeting place where he or she is to pick up materials, equipment, or other employees, or to receive instructions, before traveling to the work site, compensable time starts at the time of the meeting. Travel during 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. Apache Junction Personnel Rules 20162023 84 Rule 10. Performance ReportReview Section 1. Purpose The evaluation performance review 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 reportreview is intended to cover the City’s Core Values and overall performance during the rating review 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 Review Requirements Following End of Probation Every career status employee shall have his or her performance formally evaluatedreviewed at least once a year and, when a written report is prepared on this performance , shall be submitted to the Human Resourcesretained by the department and placed in the employee’s personnel file. Employees shall be allowed to submit a written response to their performance review; the employee’s written response shall be attached to the report it addresses. The report shall be submitted by the department director in accordance with the procedure and on the form or forms prescribed by the Human Resources Director. Department directors are encouraged to provide more frequent evaluations. Department directors are encouraged to bring unsatisfactory performance to the attention of the employee when the unsatisfactory performance occurs. Each performance report shall be reviewed with the employee and filed with the Human Resources department not later than fourteen (14) calendar days after the City designated review period ends. Employees shall be allowed to submit a written response to their performance evaluation report; the employee’s written response shall be attached to the report it addresses. The performance report and the employee response, if any, shall remain a part of the employee's personnel record as required under the Records Retention and Disposition Schedule adopted by the City and may be considered when determining transfers, promotions, demotions, and/or dismissals. Apache Junction Personnel Rules 20162023 85 Employees shall be notified and provided with a copy of all documents placed in their personnel file. Copies will be provided under confidential cover or directly to the employee. Section 4. Unsatisfactory Ratings When an employee’s overall evaluation report is unsatisfactory, follow up reports are required at the end of three (3) months and for each subsequent three (3) month period while the employee is in the position until the employee has achieved a satisfactory rating or employment is terminated. It is the department director's responsibility, in conjunction with the immediate supervisor, to inform the unsatisfactory performing employee of the actions necessary to achieve a satisfactory rating. This may be accomplished with an improvement plan which lists specific measurable goals. Section 5. Grievance and Appeals Relating to Performance Reports An employee who has successfully passed his/her initial probation period may grieve or appeal an overall performance rating of unsatisfactory or its equivalent, in accordance with Rule 17, Grievance and Appeal Procedures. Section 6. Procedure when Anticipated Rating will be Unsatisfactory If the anticipated rating is unsatisfactory, the department director shall advise the employee of the anticipated rating and schedule a meeting to review the performance rating with the employee. Section 74. Salary Increase Employees, with the exception of temporary, seasonal, intermittent, and employees in their initial probationary period, are eligible for the city’s annual salary adjustment dependent upon budgetary approval by the City Council. Employees who successfully complete their initial probationary period in July, August, or September, will receive a salary adjustment the first full pay period after the completion of their initial probationary period. Departments are responsible to notify Human Resources of the completion of the probationary period. Apache Junction Personnel Rules 20162023 86 Rule 11. Drug-Free Workplace Policy Section 1. Purpose The City believes that substance abuse is a serious threat to the welfare of employees, citizens, and the public. The City has established rules with respect to the use, possession, or sale of drugs and alcohol. The expectation of the drug and alcohol testing policy is to: To establish rules governing the maintenance of a drug-free workplace for the purpose of: 1) Ensuring Ensure the a healthy, and safety and productive working environment for of Ccity employees; 2) Continuation Continue to provideof high-quality services to the public; and, 3) Ensure cCompliance with federal and state laws and regulations for a uniform city-wide, drug-free workplace effort. Section 2. Policy Statement This policy will be construed in accordance with federal, state, and local laws, including the ADA, the FMLA, and the Omnibus Transportation Employee Testing Act (OTETA) of 1991. 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 allowable 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 Apache Junction Personnel Rules 20162023 87 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). Apache Junction Personnel Rules 20162023 88 C. Reasonable Suspicion/Cause 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/cause 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; if a City vehicle is involved, the vehicle must be in operational mode and in motion; 9. Evidence of use, possession, sale, solicitation, manufacture, or transfer of drugs or alcohol while working or while on employer premises. Section 34. 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. Apache Junction Personnel Rules 20162023 89 Section 45. Applicants and Employees Subject to TestingTypes of Authorized Drug and Alcohol Testing A. Post-Job Offer, 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. All new job candidates, occupying a safety‐sensitive position identified by Human Resources and/or as per state and/or federal law, must undergo testing for alcohol and controlled substances within thirty-six (36) hours of the conditional offer of employment. The conditional offer of employment will be withdrawn if the job candidate does not test within thirty-six (36) hours of notification. A job candidate who tests positive for alcohol, controlled substances, or drugs may be disqualified from consideration for employment and may not be eligible for employment with the city for a period of twelve (12) months from the date of the initial positive drug/alcohol test result. Pre‐employment testing also pertains to current employees who transfer or are promoted into a position that requires the possession of a CDL or is a safety‐sensitive position. Applications for any position will not be considered from any current employee who refuses to test. Applicants will not be allowed to substitute testing done through their own medical facilities and/or laboratories unless the applicant is an out‐of‐state resident and the out‐of‐state laboratory has been approved by Human Resources to perform the test. If an applicant fails to pass the pre-employment drug/alcohol 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 twelve (12) months from the date of the initial positive drug/alcohol 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. Public Safety Department Employees and Transfer Apache Junction Personnel Rules 20162023 90 Upon transfer to or from a narcotic or drug-related assignment, all public safety department employees, 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 public safety 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/Cause Testing If the City has reason to suspect that an employee is violating this policy or when there is reasonable suspicion/cause 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. The decision to require a test for reasonable suspicion will be based upon objective observation, by one or more supervisors. If a supervisor has reasonable suspicion to believe an employee is impaired while on duty or while in control of any City‐owned vehicle, he or she should immediately ensure the safety of the employee and other employees by removing the employee from the work site. The City may request assistance of a police officer to assist in the determination. The Human Resources Director, or designee, must be notified and provide approval prior to administering a reasonable suspicion test. Documentation shall be made as to specific observations made and then the supervisor or designee will drive the employee to the testing site and then home pending the test results. The employee will be placed on paid administrative leave pending notification of the test results. Apache Junction Personnel Rules 20162023 91 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 a City vehicle in operational mode and in motion results in an accident involving tow-away and/or medical assistance. 2. Those whose use of City equipment or vehicle results in an accident in which a person is fatally injured. 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. Self-Identification and Testing Employees are encouraged to self‐identify to his/her immediate supervisor, through the chain‐of‐command or to Human Resources for chemical dependency, alcohol abuse, or continued misuse of medications before it affects safety or on‐the job performance. This is a one‐time self‐identification opportunity during the employee’s tenure with the City. The self‐identification opportunity must be voluntary. Discipline will not be initiated because an employee self‐identifies (self‐identification must occur prior to when an employee receives notification of the requirement for a test). Employees who self-identify will: a. Be removed from any driving or safety‐sensitive position until released by a City-selected Substance Abuse Professional (SAP). b. Agree to successfully participate in a City-approved Employee Assistance Program (EAP) treatment rehabilitation program and comply with the program conditions. c. Sign a Last Chance Agreement. This Agreement is offered in lieu of dismissal for violation of the City’s substance abuse rule. This Agreement outlines the additional condition of continued employment with the City. d. Sign a “Consent to Release Information” document allowing the SAP to communicate the employee’s progress to the Human Resources Director, or designee. Apache Junction Personnel Rules 20162023 92 e. Agree that the employee will pay the cost of the SAP and for follow‐up testing. The City will allow follow‐up testing on City time. f. Agree to unscheduled alcohol and/or controlled substance tests, as directed by the SAP or the City, for a minimum of six (6) tests in the first twelve (12) months and not to exceed sixty (60) months from the date the employee returns to work. g. Complete a Fitness for Duty (FFD) test as a condition to return to work or continued employment in conjunction with the completion of an approved drug and/or alcohol treatment or counseling program. Voluntary self‐identification shall not relieve the employee from the responsibility of adequate job performance, nor prevent a recommendation for dismissal in the event that the employee tests positive for any alcohol, illegal controlled substance, or non‐prescribed medication, after follow‐up testing has begun. In addition, if, due to the circumstances of the drugs, controlled substances and/or alcohol misuse, the employee is not able to perform the functions of their position, the employee will be recommended for dismissal. 3. F. Re-employment or Reinstatement to Workforce Any individual who is re-hired, reinstated, transferred, promoted, or demoted to a safety sensitive position, in accordance with Rule 5, Appointments, Status, and Probation, is required to submit to a drug and alcohol test prior to resuming work. E. G. Follow-up Testing If an employee is offered a rehabilitation option in lieu of discipline for a positive test result in accordance with Section 79 of theseis policyrules; the employee is subject to random drug testing for a minimum of one (1) year following the completion of the rehabilitation program. Apache Junction Personnel Rules 20162023 93 Section5 6. Policy Violation The following are grounds for discipline up to and including termination, even for a first offense. A. Alcohol: An employee who tests positive for alcohol while on city business during the employee's working hours or while on city property during the employee's working hours is in violation of this policy. B. Drugs: An employee who tests positive for drugs is in violation of this policy. C. An employee who is required as a part of his/her job 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. D. Failure to Participate: An employee will be considered a failure to participate in the City’s drug and alcohol testing policy for: 1. Failure to submit to drug or alcohol testing. 2. Failure to immediately report for drug or alcohol testing when requested to do so. 3. Refusal to sign all appropriate consent forms. 4. Failure to enroll and complete drug or alcohol rehabilitation program in lieu of discipline as set forth in Section 7. 5. Failure to, within five (5) days, of a criminal drug statute conviction for a violation occurring within the workplace C. The appropriate level of discipline will be determined on a case -by-case basis at the City’s discretion and may include treatment or reh abilitation under terms established by the City in consultation with a substance abuse professional. 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 68. 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 Apache Junction Personnel Rules 20162023 94 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 79. Rehabilitation Rehabilitation is the responsibility of the individual employee. An employee with a drug or alcohol abuse problem is encouraged to use whatever treatment or rehabilitative services are available under the employee’s health plan in effect at that time. The City may, at its option, suspend all or part of the a disciplinary action for violation of this policy in return for the employee'’s enrollment and participation 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. The employee shall authorize release of information to City’s Human Resources department from the drug or alcohol program which indicates the employee’s compliance or non-compliance with the program. Should the employee not comply with the program, the City shall impose the discipline. An employee who declines to participate in or fails to complete drug or alcohol rehabilitation in lieu of disciplinary action is subject to the disciplinary action and may also be further disciplined up to and including termination. Section 810. Searches The City of Apache Junction reserves the right to search all areas and property it 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 911. 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. Apache Junction Personnel Rules 20162023 95 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 102. 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. 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 113. Management Responsibilities Apache Junction Personnel Rules 20162023 96 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/cause for drug and/or alcohol testing or for violation of this policy. This documentation shall be submitted to Human Resources as justification for the test. 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. Apache Junction Personnel Rules 20162023 97 Section 124. Drug and Alcohol Testing Methodology Every reasonable effort will be made to obtain the most accurate drug or alcohol test results. The testing lab the City uses must be a laboratory approved or certified by the United States Department of Healt h and Human Services, the College of American Pathologists, or the Arizona Department of Health Services to ensure that the testing is conducted in compliance with state and applicable federal procedures. The City is responsible for the cost of testing for random (as set forth in the CDL section), reasonable suspicion, post-accident and or/injury, post- triggering incident, post-job offer/pre-employment, employee transfer from non-safety to safety-sensitive position, and follow-up testing. 1. Drug Testing Drug testing will be performed through urinalysis, blood or oral fluids. Each drug test result will be analyzed in a Substance Abuse and Mental Health Services Administration (SAMHSA) certified laboratory and will be reviewed by a certified Medical Review Officer (MRO) prior to being reported to the City. Professionally accepted chain of custody procedures will govern the administration of all drug tests, subject to the oversight of a certified MRO. All test results will be reported to the Human Resources Director or designee. 2. Alcohol Testing Referrals for alcohol use include a breath or blood alcohol (ethanol) test. The City’s designee will conduct a screening test for alcohol use by using either an evidentiary breath‐testing device (EBT) or a non‐evidential screening device approved by the National Highway Traffic Safety Administration. Results will be reported to City’s Human Resources. Failure to provide adequate breath for alcohol testing without a valid medical explanation will constitute a refusal to submit to alcohol or controlled substances test 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 Apache Junction Personnel Rules 20162023 98 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 135. ProceduresTest Results All drug, controlled substance and alcohol screening results shall be the private and confidential property of the City and will not be shared with anyone except: a. The candidate or employee. b. Supervisory staff with a demonstrated need to know such information. c. As required by law, expressly authorized by the United States Department of Transportation (USDOT) rules. d. To legally protect the City Human Resources will notify an employee of the results of random, reasonable suspicion, and post‐accident test results verified as positive for alcohol, drug, or controlled substances, and identify for the employee the drug, controlled substance or alcohol that was detected and verified. 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. Apache Junction Personnel Rules 20162023 99 Section 146. Commercial Driver's License Holders All employees required, as a condition of their city employment, to have a valid Commercial Driver's License (CDL) shall comply with the United States Department of Transportation (USDOT) rules for drug and alcohol testing of mass transit employees and all drivers with CDLs. The City uses a third-party vendor to randomly select a number of drivers each calendar year for drug and alcohol testing at an annual percentage rate determined by the Federal Motor Carriers Safety Association (FMCSA). The random selection system provides an equal chance for each driver to be selected each time random selection occurs. Random testing will be unannounced, will be performed at the time the driver reports to work, during the work day, or at the end of the work day, and will be reasonably spread throughout the year. All employees required to hold a CDL as part of their job with the City must always be immediately available to perform any safety sensitive function and must comply with these rules at all times while on duty. If the employee engages in conduct that does not lead to a collection as soon as possible after notification, such conduct may be considered a refusal to test in which appropriate disciplinary action will be taken up to and including termination. Procedures and rules for testing of CDL holders are available in the Human Resources department. Apache Junction Personnel Rules 20162023 100 Rule 12. Policy against Discrimination Section 1. Policy Statement The City does not tolerate any form of discrimination based upon race, gender (including gender identity, sexual orientation and preference, or pregnancy), national origin, religion, age, color, disability, genetic information; or sexual harassment, and status of a veteran. A. Discrimination • Unfair treatment because of race, color, religion, sex gender (including gender identity, sexual orientation and preference, or pregnancy), national origin, age (40 or older), disability or genetic information, and status as a veteran. • Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, gender (including gender identity, sexual orientation and preference, or pregnancy), national origin, age (40 or older), disability or genetic information, and status as a veteran.because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information. • Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability. • Retaliation because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit. B. Sexual Harassment Sexual Harassment is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual or otherwise offensive nature, especially where: • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or • Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or • The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Apache Junction Personnel Rules 20162023 101 C. Education The Human Resources Director is responsible for coordinating training on the topic of discrimination and sexual harassment; attendance at this training is mandatory for all employees. In addition, all employees shall be notified of the existence of this policythese rules. D. Implementation Both managers and employees are responsible for creating an atmosphere free of discrimination, and managers and supervisors are responsible for taking immediate and appropriate corrective action in response to any allegation of a violation of this policythese rules, in addition to respecting the rights and sensitivities of their co-workers. The Human Resources Director and department directors are responsible for taking immediate and appropriate corrective action in response to any confirmed violation of this policythese rules and for assuring that no reprisals are taken against complainants, witnesses, or perpetrators. The Human Resources Department is responsible for monitoring the application of this policythese rules, providing advice, and responding to any questions, which may arise from this policythese rules. Apache Junction Personnel Rules 20162023 102 Section 2. Initiating a Discrimination or Sexual Harassment Complaint When an employee feels he/she has been discriminated against or sexually harassed, the following should occur: Employee: - Attempt to advise the alleged discriminator/harasser of their discomfort, OR; - Report the problem to his/her immediate supervisor if: The offended employee does not feel comfortable directly addressing the situation with the discriminator/harasser, and/ or the unwelcome or offensive behavior continues, OR; - Report the problem to the Human Resources Director if: o The employee’s immediate Supervisor, a division director, or Department Director is the source of the alleged harassment, OR; o The employee is uncomfortable reporting the problem to his/her immediate Supervisor, division director, or Department Director, OR; o The source of the harassment is an individual appointed by the City Council (including, but not limited to, the City Attorney, City Manager, or City Magistrate). - Report the problem to the City Manager if: o The Assistant City Manager or Human Resources Director is the source of the alleged discrimination/harassment. Apache Junction Personnel Rules 20162023 103 When advised of the discrimination/harassment the following will: Immediate Supervisor: - Promptly notify his/her Department Director. Department Director: - Promptly notify the Human Resources Director. Human Resources Director: - Begin an assessment into the complaint and determine the course of action. - If the discriminator/harasser is an individual appointed by the City Council advise the Mayor and City Council that a discrimination/harassment complaint has been filed. Section 3. Investigation Procedure Human Resources staff coordinates the investigation process and advises the Department Director regarding his/her level of involvement in the process and of the progress of the investigation. The department shall work with Human Resources staff to obtain and evaluate all relevant evidence with respect to what has occurred. Human Resources staff makes a recommendation to the Department Director regarding the resolution of the complaint. Human Resources staff notifies the complainant and the alleged violator of the findings. With the advice of the Human Resources Director, the Department Director implements specific remedial, and/or disciplinary actions. Section 4. Discipline Violations of these rules may be cause for the full range of disciplinary action, up to and including termination. The type of discipline and/or remedial action to which an employee is subject for discriminating against or harassing another employee is dependent on the circumstances of the situation. Career status 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). Apache Junction Personnel Rules 20162023 104 Section 5. Reprisals Prohibited No reprisal/retaliation of any kind by any employee or manager shall be taken against an employee who asserted a complaint, the alleged perpetrator or against any witness. Any such reprisal/retaliation taken by an employee will subject him/her to disciplinary action up to and including termination. Apache Junction Personnel Rules 20162023 105 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 Workplace 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. Apache Junction Personnel Rules 20162023 106 Rule 14. Fraternization Policy Section 1. General Information The City’s of Apache Junction's success depends on positive employee morale and good team working relationships. The City recognizes workplace romances or attractions can develop between people who work together. Unfortunately, attractions are not always mutual, and these situations can develop into sexual harassment complaints. In addition, relationships between supervisor and subordinate often cause morale problems or misperceptions about assignments and favoritism on the part of other employees in the work group. The City endorses the following policy concerning close personal or romantic relationships between employees. Section 2. Policy Employees holding supervisory roles shall not pursue or be in a romantic relationship or have a close personal relationship with any employee who may report, either directly or indirectly, to them. In addition, employees in a supervisory capacity are required to maintain a professional relationship with any employee for whom they supervise, give work direction or assignments, give discipline, review performance, or recommend promotions or raises. Section 3. Reporting Requirements In the event a workplace romance develops between employees in positions where one is in a supervisory chain of the other, either directly or indirectly, it is the responsibility of both parties to, either separately or together, bring the fact of the relationship to the attention of their supervisor and/or department director AND to the Human Resources Director. The Human Resources Director will determine the arrangements to further the best interests of both the city and the employees involved. However, if within six (6)three (3) months, one (1) of the employees has not transferred or been appointed to a vacant position for which he/she meets the minimum qualifications of the position, the city will separate the least senior employee from employment. The position transferred or appointed to must be outside the direct or indirect supervisory chain of employees involved and cannot result in a promotion. Apache Junction Personnel Rules 20162023 107 Seniority is determined by time in current title calculated from most recent appointment to the title. Apache Junction Personnel Rules 20162023 108 Rule 15. Political Activities Section 1. Purpose To establish a policy governing the political activity of City employees. Section 2. Policy Statement City employees have the right to vote as they choose and to entertain and express personal opinions about political candidates. However, employees must refrain from political activity while on duty or at public expense. Section 3. City Council Elections To avoid undue influence of City employees on the outcome of City Council elections and to avoid undue influence of City Council members or candidates for City Council on City employees, the following apply: A. Prohibitions and Restrictions 1. No employee of the City may be a candidate for nomination or election to the City Council. 2. While on City time, employees may not circulate petitions for City Council. 3.While on City time, employees may not contribute directly, or through an employee organization or association to a campaign or solicit or receive contributions for a City Council candidate. 4. No employee or organization or association, while on City time, may publicly endorse or actively support candidates for the City Council or any political organization or association organized to support candidates for the City Council. 5. While on City time, employees may not wear City Council campaign buttons or distribute campaign literature at work or in a City uniform or in City offices, vehicles, or buildings. 6. No employee shall use any political endorsement in connection with any appointment to a position in City service. 7. No employee shall use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person for any consideration. Apache Junction Personnel Rules 20162023 109 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. 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. Apache Junction Personnel Rules 20162023 110 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 te rms 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. Apache Junction Personnel Rules 20162023 111 Section 7. Protection of Civil Liberties Nothing contained in these policies shall be construed as denying any city employee their civil or political liberties as guaranteed by the United States and Arizona Constitutions. Apache Junction Personnel Rules 20162023 112 Rule 16. Discipline Section 1. Disciplinary Actions Disciplinary actions may include informal and formal counseling (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 shall consult with the Human Resources department regarding the discipline to be imposed. The department director may delegate the authority to impose informal and formal counseling 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 records 2. Insubordination 3. Lying to supervisors or falsifying records with respect to official duties. 4. Absenteeism 5. Tardiness 6. Conviction of a crime, which impacts the employee's ability to perform the duties and responsibilities of the job. 7. Incompetence in the performance of assigned duties.Inefficiency, incompetence, or negligence in the performance of assigned duties. 7. 8. Prohibited political activities. 9. Discrimination on the part of an employee against any employee on the basis of race, color, sexgender, sexual orientation and preference, age, physical disability, place of national origin, political or religious affiliation , or veteran status. 10. Retaliation against a person who has made a complaint or given information regarding possible violations of this policy. 10.11. Any action, on or off the job, tending to bring discredit to the City service. 11.12. Refusal or failure to comply with the orders of an authorized supervisor or refusing or failing to do assigned work. 12.13. 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. Apache Junction Personnel Rules 20162023 113 13.14. Threatening, fighting with, intimidating, coercing, or abusing other employees or officials of the City or provoking such actions by others. 14.15. Divulging confidential information from privileged official records to unauthorized persons. 15.16. Failure to observe departmental regulations. 16.17. Unauthorized absence from duty. 17.18. Abuse of, or patterned use of, sick leave, including use under false pretenses. 18.19. Failure to maintain satisfactory working relationships with other employees or the public. 19.20. Failure to observe safety regulations, including failure to report an accident or injury occurring on the job in a timely manner. 20.21. Discourteous, rude or threatening conduct or offensive and abusive language towardsy and rudeness to the public or other employees. 21.22. Unauthorized performance of work by nonexempt employee outside of established work schedules. 22.23. Unauthorized operation or use of any vehicles, mach ines, or equipment of the City. 23.24. Carelessness in the performance of duties. 24.25. Intentionally or maliciously supplying false information or making false claims with intent to improperly affect official decisions or bring discredit to other employees. 25.26. Removal of City equipment, material, supplies, etc., without the approval of the department director or City Manager. 26.27. Use of clothing provided by the City for other than official City duties. 28. Engaging in any sexual activity while on duty. 29. Sleeping on the job without authorization. 27.30. Violation of any section of the Personnel Rules, or any department policy, procedure, rule or regulation. Section 3. Written Reprimands A pre-disciplinary meeting is not required when issuing a written reprimand to the employee. Written reprimands shall: 1. 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 2. Indicate a copy is to be sent to the Human Resources Department Apache Junction Personnel Rules 20162023 114 3. Contain a notice that the employee may file a grievance on the written reprimand in accordance with Rule 17, Grievance and Appeal Procedures. Apache Junction Personnel Rules 20162023 115 Section 4. Pre-Disciplinary Meeting Pre-disciplinary meetings are not required for: Informal counseling (verbal warnings); Formal counseling (written warnings); or, Written reprimands Pre-disciplinary meetings are required prior to: Suspension; Demotion; or, Other forms of discipline The pre-disciplinary meeting shall include the employee and may include the Human Resources Director or designee and/or legal counsel for the City. The employee facing discipline shall be afforded a pre-disciplinary meeting; the notification of the pre-disciplinary meeting shall be in writing and consist of the following: a) That discipline is contemplated; up to and including termination or the type of discipline contemplated; b) The violation of one or more of the causes for discipline , general examples are set forth in Rule 16, Discipline; c) The specific conduct or omission committed by the employee which the department director believes is a violation; 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 purpose of the meeting, which is: 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 present his/her account of the alleged events 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 an adequate time opportunity to prepare a reply. Two (2) full business days is considered reasonable and under no circumstances shall the pre-disciplinary meeting be less than two (2) full business days from the time the employee receives the meeting notice. Initial notice of pre-disciplinary meeting may be delivered via email if email address is confirmed, If personal delivery of the initial notice is not possible, and if neither is possible notice may be given by depositing the notice in the U.S. Postal Service mailbox,sent by United States Postal Service addressed to the last address of record for the employee, and with the first-class postage Apache Junction Personnel Rules 20162023 116 affixed. If service of notice is by mail, 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 shall 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 detaildetailed as founded/unfounded or sustained/not sustained counts. These charges shall be those listed in the initial notice of disciplinary action, except for charges counts that may have been added or deleted as a result of the pre-disciplinary meeting. Substantial amendment or additional charges Apache Junction Personnel Rules 20162023 117 counts may be made only by repeating the procedure detailed in Section 4, Pre-disciplinary Meeting. c) A reference to the opportunity afforded the employee to tell his or her side of the story in accordance with Section 4, Pre-disciplinary meeting. d) An indication that the material presented has been considered by the city 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, with a copy attached with the notice. Copies of notices of suspension, demotion, or dismissal shall be sent to the Human Resources department for inclusion in the employee's personnel file. Section 6. Taking Disciplinary Action The discipline notice shall be delivered to the employee within ten (10) calendar days after the Pre-disciplinary meeting. The disciplinary action shall be taken within sixty (60) calendar days after the Pre-disciplinary meeting. Section 7. Effect of Technical Omissions Failure of a supervisor or department director to comply with the provisions of Section 3, Written Reprimands, and Section 6, Notices of Suspension, Demotion, or Dismissal, as they pertain to content of written reprimands and notices of suspension, demotion, or termination, shall not constitute a basis for reversing a disciplinary action on appeal. Apache Junction Personnel Rules 20162023 118 Rule 17. Grievance and Appeal Procedures Section 1. Purpose of Grievance and Appeal Procedures The purpose of the grievance and appeal procedures is to provide career status employees, aggrieved about a situation affecting the conditions of their employment, with a method for the resolution of the matter without discrimination, coercion, restraint, or reprisal against the employee during the process. Any contention that the City has failed to comply with any obligation it has made to an employee through its ordinances, policies, or any other written commitment must be raised pursuant to these grievance and appeal procedures, and these procedures provide the exclusive remedy for any such claim. Apache Junction Personnel Rules 20162023 119 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 City Manager (CM) Appeal to Hearing Officer Verbal Warning Informal and Formal Counseling Written Reprimand X Overall unsatisfactory Performance rating X Suspension: 43 days or less X Misinterpretation or misapplication of the Personnel Rules or administrative procedures X X (if grievance does not resolve the complaint) X (if appeal to CM does not resolve the complaint) Adverse action to the employee, based on unlawful discrimination because of race, color, creed, national origin, sex, age, political affiliation, or disability and other than suspension, demotion, or dismissal X X (if grievance does not resolve the complaint) X (if appeal to CM does not resolve the complaint) Suspension of more than three (3)four (4) days, demotion, or dismissal on any grounds, including alleged unlawful discrimination X X (if grievance does not resolve the complaint) X (if appeal to CM does not resolve the complaint) Disposition of a sexual harassment complaint did not result in stopping the prohibited behavior X X (if appeal to CM does not resolve the complaint) Apache Junction Personnel Rules 20162023 120 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 informal or formal counseling (verbal or written warnings) D. Supervisory or management style Section 4. Grievance Procedure Grievances shall be presented according to the following procedure: An employee may begin a grievance at the level in which the discipline was administered. A copy of the grievance and the responses shall remain with the grievance at all steps in the process. At no time in the process should additional material be added to the grievance. 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: Filing 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 re sponse was due. Apache Junction Personnel Rules 20162023 121 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 administratively appealable further unless formal appeal procedures are an available remedy under this rule. Section 5. Time Computation The computation of the calendar days shall be as follows for the date of notice of the action: A. If written action: -date of the delivery of a notice if handed to the grievant or -the date of mailing of the notice if sent by U.S. mail. (If the notice is mailed, three (3) calendar days shall be added to the time in which a response is due). B. If not a written action: -date of action shall be the date on which the aggrieved action occurred. C. The period of time for filing the grievance starts on the day following the date of notice or occurrence of the action. D. If the final date of the grievance period falls on a city observed holiday or weekend or on a day the city is closed, the final date for grievance shall be construed to be the next business day it is open. E. The grievance period ends at 5:00 p.m., on the final date for grievance . If this date is a City observed holiday, a weekend, or on a day the city office is closed, the grievance period ends at 5:00 PM the next business day. Apache Junction Personnel Rules 20162023 122 Section 6. Appeal Procedure Matters not specifically stated in this rule cannot be appealed. Appeals shall be presented according to the following: A. Time Computation: The computation of the calendar days shall be in accordance with Section 5 of this Rule. B. Form of Appeal: Every appeal shall be filed in writing and shall include the name and address of the employee appealing, the action which is the subject of the appeal, the reason for the appeal, a factual chronology of the action, the remedy sought, and a reference to the personnel rule which the action allegedly violates. The appeal shall have attached any written material pertaining to the matter appealed. C. Procedures for Filing an Appeal: Every appeal shall be filed within ten (10) calendar days from the date of notice of the action, which is the subject of the appeal. All appeals shall be addressed to the City Manager. The City Manager shall have ten (10) calendar days to respond to the appeal. If the employee is not satisfied with the City Manager’s decision, the employee has ten (10) calendar days from the date of response or the date a response was due, to file a Notice of Appeal for a hearing before a Hearing Officer. The Notice of appeal shall be in accordance with Section 6 (B) of this rule and shall be filed in the Human Resources Department. Section 7. Time Extension Upon mutual consent of the parties a time extension for grievances and appeals may be authorized by the Human Resources Director. Such agreement shall be in writing, state the duration of the extension, and be signed by both parties. This agreement shall accompany the grievance at all future steps. Apache Junction Personnel Rules 20162023 123 Rule 18. Rules for Hearings before a Hearing Officer Section 1. Hearing Officer The employee wishing an appeal for a hearing before a Hearing Officer, shall file an appeal to a Hearing Officer with the Director of Human Resources Director. The Human Resources Director, in consultation with the City Attorney, shall retain a Hearing Officer or Officers who shall not be an employee(s) of the City. Section 2. Right of Appeal Any employee shall have the right to appeal actions to the Hearing Officer pursuant to the City’s personnel rules. The Hearing Officer shall determine if the appeal is allowed under the personnel rules and shall not consider appeals not covered by these rules. The Hearing Officer shall dismiss such appeals upon motion by a party to the appeal or by his or her own authority. Section 3. Time of Hearing Upon receipt of Notice of Appeal, the Human Resources Director shall contact the Hearing Officer who shall schedule a time for the hearing. The hearing shall be set for not less than sixty (60) calendar days from receipt of the Notice of Appeal by the Human Resources Director of the employee's appeal to the Hearing Officer. The Hearing Officer shall provide the parties to the appeal with written notification of the date, time, and place of hearing. Section 4. Pre-Hearing Statements Upon receipt of the appeal the Hearing Officer shall give each party a pre- hearing statement form to be completed. The pre-hearing statement shall include the following: a) The names, addresses, and phone numbers of all parties to the appeal. b) The names, addresses, and phone numbers of legal counsel or representatives for the parties. c) A list of witnesses, including addresses and phone numbers, and brief summaries of their testimony contemplated. d) A description of the exhibits to be used at hearing. Apache Junction Personnel Rules 20162023 124 The pre-hearing statement shall be filed directly with the Hearing Officer within twenty (20) calendar days of receipt by the parties of the pre-hearing statement. Each party to the appeal shall provide the opposing party with a copy of the pre-hearing statement and copies of exhibits to be used within t wenty (20) calendar days of the receipt of the pre-hearing statement. Each party is responsible for keeping the Hearing Officer and the opposing party updated on additional witnesses and exhibits through the use of an amended pre- hearing statement. The party amending the pre-hearing statement shall submit one copy to the Hearing Officer and shall provide the opposing party with a copy of the amended statement and a copy of additional exhibits, if any. Under no circumstances shall witnesses or exhibits be added within twenty (20) calendar days of the hearing. No witness testimony or exhibits shall be admissible if not identified by the parties twenty (20) calendar days prior to hearing. Section 5. Pre-Hearing Conference After acceptance of an appeal and designation of representatives, the Hearing Officer may, at the request of the parties or on their own initiative, schedule a pre-hearing conference at a time convenient to all parties. At the pre-hearing conference the Hearing Officer may request exhibits, define the issues, and accept stipulations of the parties. The Hearing Officer may rule on the admissibility of exhibits and witnesses and may reject irrelevant or cumulative exhibits and disapprove witnesses whose testimony is irrelevant or cumulative. Section 6. Subpoenas Pursuant to Title 12, Article 13, Chapter 2, A.R.S. 12 -2212, as amended,the Hearing Officer may issue subpoenas, compel attendance of witnesses and production of evidence, administer oaths, and cause depositions to be taken. Any subpoena shall be issued in the same manner as provided for issuance of subpoenas in the Superior Court of Arizona. Any party or witness, or a representative thereof may, within five (5) calendar days after service of the subpoena, file a motion to quash or modify the subpoena if it is unreasonable and oppressive; or move the Hearing Officer to condition denial of the motion upon the advancement by the person in whose Apache Junction Personnel Rules 20162023 125 behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible items. 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 electronic audio or videotape. The original tape or recording, or certified transcript shall be a part of the record of any appeal. Apache Junction Personnel Rules 20162023 126 Apache Junction Personnel Rules 20162023 127 Each party shall have these rights: • to be represented by legal counsel or other person of choice; • to call and examine witnesses; • to introduce evidence; • to cross-examine opposing witnesses on any matter relevant to the issues; • to impeach any witness regardless of which party first called for testimony; and • to rebut the evidence. If the respondent does not testify on his/her behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. Hearings involving disciplinary actions shall proceed in the following order, unless the Hearing Officer directs otherwise: 1. The party imposing discipline shall be permitted to make an opening statement. 2. The appealing party shall be permitted to make an opening statement. 3. The party imposing disciplinary action shall produce the evidence on his/her part. 4. The party appealing from such disciplinary action may then open for defense and offer evidence in support thereof. 5. The parties may then, in order, respectively offer rebutting evidence only, unless the Hearing Officer for good reason permits them to offer evidence upon their original case. 6. Oral or written arguments shall be permitted at the discretion of the Hearing Officer. 7. Both parties may present closing arguments. The Hearing Officer shall determine relevancy, weight, and reliability of testimony and evidence, and shall base findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during the hearing. This hearing is not open to the public. 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. Apache Junction Personnel Rules 20162023 128 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 “de novo”. The Hearing Officer shall render findings of fact, conclusions of law, and decision as soon after the conclusion of the hearing as possible, and in no event, later than thirty (30) working days after conducting the hearing unless otherwise stipulated by the parties. The Hearing Officer's decision shall set forth the findings as to each of the charges and the reasons therefore. The Hearing Officer shall provide the decision in writing to the Human Resources Director, the City’s counsel, and the employee and his or her counsel, and shall set forth all the findings of fact, conclusions of law, and the final determination. The Human Resources Director shall provide a summary and/or copy of the decision to the department director, the City Attorney, the Assistant City Manager and the City Manager. The decision of the Hearing Officer shall be final and binding upon both the employee and the City, and therefore, not administratively appealable to any office or body of the City or to any other forum, administrative or judicial, unless otherwise allowed under Arizona law. Apache Junction Personnel Rules 20162023 129 Rule 19. Separation other than Dismissal Section 1. Layoff When, in the judgment of the City Manager, it becomes necessary to reduce the number of employees in a specific job classification due to lack of work or funds, the City may lay off any employee holding such position by classification. The City Manager, in consultation with the Human Resources Director and the department director, shall determine the affected positions. The Human Resources Director shall oversee the layoff process and notification to the affected employees. An employee being laid off will receive a minimum notice of two (2) weeks. There are two (2) layoff units covered by these Rules: Municipal Court and all other City departments. In the event of a reduction in force (RIF), the layoff of employees shall follow the order below: A. Layoff by Type of Status - Non-career status employee before initial probationary status, - Initial probationary status before transitional probationary status, and; - Transitional probationary status before career status. B. Layoff by Classification and Seniority Career status employees serving in a classification requiring reduction in personnel shall be laid off in the reverse order of their appointment in that classification and within the layoff unit, the last one so appointed being the first to be laid off. When no position of the same class exists within the layoff unit or all employees in the class have greater seniority than the employee, the employee may request in writing to be placed in a lower class in the same classification series and within the layoff unit. The employee may request to be placed in the lower class if the employee has previously held the position and; in no circumstance shall this request be used to effect a promotion. The most recent classification plan accepted by the City Council and/or modified by the City Manager shall be used as a guide. Human Resources determines the classification series within the classification plan. Apache Junction Personnel Rules 20162023 130 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 To be considered “resignation in good standing”, aAn employee wishing to resign in good standing shall submit a written resignation to their department director with a copy to Human Resources Director, at least two (2) weeks before leaving service. The resignation should shall state the effective date and reasons for resignation. This time limit may be waived by the Human Resources Director and Department Director. Failure to give notice as noted above required by this rule may be cause for aresult in disqualification for denial of future employment with the City. An "exit interview" may be arranged with the Human Resources Director and/or his/her designee. 1 Apache Junction Personnel Rules 2023 2 Table of Contents RULE 1. POLICY AND GENERAL PURPOSE ................................................... 6 Section 1. Policy ................................................................................................ 6 Section 2. Purpose ............................................................................................ 6 Section 3. Scope, Interpretation, Administration and Amendments .................. 7 RULE 2. DEFINITION OF TERMS ...................................................................... 8 RULE 3. GENERAL PROVISIONS ................................................................... 15 Section 1. Equal Employment Opportunity ...................................................... 15 Section 2. Loyalty Oaths ................................................................................. 16 Section 3. Residency Requirements and Use of City Vehicle ......................... 16 Section 4. Compliance with the Immigration Reform and Control Act of 1986 17 Section 5. Affirmative Action ........................................................................... 17 Section 6. Ethics ............................................................................................. 17 Section 8. Safety ............................................................................................. 20 Section 9. Gratuities/Solicitations .................................................................... 21 Section 10. Outside Employment and Volunteer Activities ............................... 21 RULE 4. RECRUITMENT AND SELECTION .................................................... 23 Section 1. Policy Statement ............................................................................ 23 Section 2. Application Forms ........................................................................... 23 Section 3. Recruitment and Selection Process ............................................... 23 Section 4. Examination Results ....................................................................... 24 Section 5. Screening of Applicants .................................................................. 24 Section 6. Offer of Employment ...................................................................... 25 Section 7. Eligible Lists ................................................................................... 25 Section 8. Hiring of Relatives .......................................................................... 25 RULE 5. APPOINTMENTS, STATUS, AND PROBATION ............................... 27 Section 1. Types of Positions .......................................................................... 27 Section 2. Employee Status ............................................................................ 28 Section 3. Attainment of Status ....................................................................... 28 Section 4. Probation ........................................................................................ 29 Section 5. Duration of Probation ..................................................................... 30 Section 6. Effect of Status on Employee Rights and Privileges ....................... 31 Section 7. Types of Appointments ................................................................... 32 Section 8. Reassignments ............................................................................... 32 Section 9. Exempt and Nonexempt Personnel ................................................ 33 RULE 6. CLASSIFICATION .............................................................................. 34 Section 1. Adoption, Amendment, and Revision of Plan ................................. 34 Section 2. Classification of Positions ............................................................... 34 Section 3. Reclassification of Positions ........................................................... 34 Section 4. Creation, Abolishment and Reclassification of Positions ................ 35 RULE 7. EMPLOYEE RECORDS ..................................................................... 36 Apache Junction Personnel Rules 2023 3 Section 1. Policy .............................................................................................. 36 Section 2. Accessibility .................................................................................... 36 Section 3. Contents of Personnel File ............................................................. 37 Section 4. Status Changes .............................................................................. 37 RULE 8. ATTENDANCE AND LEAVES ........................................................... 38 Section 1. Attendance .................................................................................... 38 Section 2. Vacation Leave .............................................................................. 38 Section 3. Sick Leave ..................................................................................... 39 Section 4. Workers’ Compensation ................................................................ 43 Section 5. Military Leave ................................................................................ 43 Section 6. Leave of Absence without Pay ...................................................... 44 Section 7. Leave with Pay .............................................................................. 45 Section 8. Jury Leave ..................................................................................... 45 Section 9. Subpoena Leave ........................................................................... 45 Section 10. Administrative Leave ..................................................................... 46 Section 11. Bereavement Leave ...................................................................... 46 Section 12. Holidays ........................................................................................ 47 Section 13. Birthday Leave .............................................................................. 48 Section 14. Rest Periods .................................................................................. 48 Section 15. Family and Medical Leave Policy .................................................. 48 RULE 9. OVERTIME ......................................................................................... 56 Section 1. Policy .............................................................................................. 56 Section 2. Exempt and Non-covered Employees ............................................ 56 Section 3. Work Period.................................................................................... 56 Section 4. Overtime Accrual ............................................................................ 57 Section 5. Hours Worked ................................................................................ 57 Section 6. Calculation of Overtime .................................................................. 60 Section 7. Compensatory Time in Lieu of Paid Overtime ................................ 60 Section 8. Payment of Compensatory Time at Termination of Employment ... 61 Section 9. Substitution of Work Hours between Employees ............................ 61 Section 10.Travel Time .................................................................................... 62 RULE 10. PERFORMANCE REVIEW ............................................................... 63 Section 1. Purpose .......................................................................................... 63 Section 2. Performance Reporting Requirement during Probation .................. 63 Section 3. Performance Review Requirements Following End of Probation ... 63 Section 4. Salary Increase .............................................................................. 63 RULE 11. DRUG-FREE WORKPLACE POLICY .............................................. 64 Section 1. Purpose .......................................................................................... 64 Section 2. Policy Statement ............................................................................ 64 Section 3. Over-the-Counter or Prescribed Medications ................................. 65 Section 4. Types of Authorized Drug and Alcohol Testing .............................. 65 Section 5. Policy Violation ............................................................................... 69 Section 6. Employee and Applicant Consent Form ......................................... 69 Apache Junction Personnel Rules 2023 4 Section 7. Rehabilitation .................................................................................. 70 Section 8. Searches ........................................................................................ 70 Section 9. Confidentiality ................................................................................. 70 Section 10. Employee Responsibilities ............................................................ 71 Section 11. Management Responsibilities........................................................ 71 Section 12. Drug and Alcohol Testing Methodology ......................................... 72 Section 13. Test Results .................................................................................. 73 Section 14. Commercial Driver's License Holders............................................ 73 RULE 12. POLICY AGAINST DISCRIMINATION ............................................. 74 Section 1. Policy Statement ............................................................................. 74 Section 2. Initiating a Discrimination or Sexual Harassment Complaint ........... 75 Section 3. Investigation Procedure ................................................................... 76 Section 4. Discipline ......................................................................................... 77 Section 5. Reprisals Prohibited ........................................................................ 77 RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE ................... 78 Section 1. Policy Statement ............................................................................. 78 Section 2. Prohibitions...................................................................................... 78 Section 3. Applicability ..................................................................................... 78 Section 4. Initiating a Complaint Involving Violence in the Workplace ............. 78 RULE 14. FRATERNIZATION POLICY ............................................................ 79 Section 1. General Information ......................................................................... 79 Section 2. Policy ............................................................................................... 79 Section 3. Reporting Requirements ................................................................. 79 RULE 15. POLITICAL ACTIVITIES ................................................................... 80 Section 1. Purpose ........................................................................................... 80 Section 2. Policy Statement ............................................................................. 80 Section 3. City Council Elections ...................................................................... 80 Section 4. Other Candidate Elections .............................................................. 81 Section 5. Retaliation Prohibited ...................................................................... 82 Section 6. Other Permitted Activity ................................................................... 82 Section 7. Protection of Civil Liberties .............................................................. 83 RULE 16. DISCIPLINE ...................................................................................... 84 Section 1. Disciplinary Actions ......................................................................... 84 Section 2. Grounds for Discipline ..................................................................... 84 Section 3. Written Reprimands ......................................................................... 85 Section 4. Pre-Disciplinary Meeting ................................................................. 86 Section 5. Notices of Suspension, Demotion, or Termination .......................... 87 Section 6. Taking Disciplinary Action ............................................................... 88 RULE 17. GRIEVANCE AND APPEAL PROCEDURES .................................. 89 Section 1. Purpose of Grievance and Appeal Procedures .............................. 89 Section 2. General .......................................................................................... 89 Apache Junction Personnel Rules 2023 5 Section 3. Prohibited Grievances and Appeals ............................................... 90 Section 4. Grievance Procedure ..................................................................... 90 Section 5. Time Computation .......................................................................... 91 Section 6. Appeal Procedure ........................................................................... 92 Section 7. Time Extension ............................................................................... 92 RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER ............ 93 Section 1. Hearing Officer ............................................................................... 93 Section 2. Right of Appeal ............................................................................... 93 Section 3. Time of Hearing .............................................................................. 93 Section 4. Pre-Hearing Statements ................................................................. 93 Section 5. Pre-Hearing Conference ................................................................ 94 Section 6. Subpoenas ..................................................................................... 94 Section 7. Continuances ................................................................................. 95 Section 8. Appeal Hearings ............................................................................. 95 RULE 19. SEPARATION OTHER THAN DISMISSAL ...................................... 98 Section 1. Layoff ............................................................................................. 98 Section 2. Resignation .................................................................................... 99 Apache Junction Personnel Rules 2023 6 Rule 1. Policy and General Purpose Section 1. Policy These personnel policies for the City of Apache Junction (hereinafter referred to as the “City”) have been designed, revised, approved and implemented in order to provide each employee of the City a clear and thorough understanding of the policies by which the City strives to operate, and the conditions under which employment with the City is accepted or continued. Knowing the responsibilities, rights and privileges under these rules to optimize employee working conditions and will result in a professional, safe, enjoyable and efficient workplace. Section 2. Purpose The Personnel Rules are enacted to provide: 1. A uniform system of personnel administration; and 2. A means of communication with department directors, supervisors, and employees; and 3. Protection and clarification of the rights and responsibilities of all employees; and 4. A framework for consistency and fairness in recruitment, selection, placement, promotion, retention, termination and separation of City employees based upon employees’ qualifications for a position; and 5. A tool to assist managers in the development of sound management practices and procedures; and 6. A means of protecting the legal interests of the City in compliance with federal and state laws. Apache Junction Personnel Rules 2023 7 Section 3. Scope, Interpretation, Administration and Amendments Scope These policies and procedures apply to all employees of the City of Apache Junction except where specifically stated otherwise in the City Code, in these personnel rules, or in the case of the City Manager, City Magistrate and City Attorney in an employment agreement, and any other employee whose employment is by employment agreement henceforth. These policies and procedures do not apply to nonemployee positions as defined in the City Code, including elected officials; members of boards, committees and commissions; persons engaged by the City on a contractual basis; volunteer personnel; and other personnel whom the Council may designate. Interpretation and Administration The Human Resources Director is responsible for the interpretation and administration 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. In the event of conflict between these policies and procedures and state, local, or federal law, the terms and conditions of the state, local, or federal law shall prevail. The City may modify its practices as appropriate upon knowledge of an amendment or enactment of a law that may pertain to employment. Amendments Amendments to these rules may be proposed to the City Council through the City Manager or Human Resources Director. The City Council may, at its sole discretion by ordinance and/or resolution, amend or repeal these rules pursuant to a public hearing agenda item at a City Council Meeting . Amendments to these rules become effective upon their adoption by the City Council, or as otherwise designated by the City Council. Apache Junction Personnel Rules 2023 8 Rule 2. Definition of Terms The following terms, whenever used in the rules, shall be defined as follows: Accrual - The periodic and incremental accumulation of time or wages. Active Pay Status - The status designation for any period of time when an employee is eligible to receive pay directly from the City including, but not limited to: hours worked, paid time off, and paid leave. Administrative Leave with Pay - Paid leave given at the discretion of the department Director and with HR Director approval, usually granted during an investigation into improper conduct. Alcohol - Ethanol, isopropanol, or methanol; and an organic compound containing one of more hydroxyl groups. Anniversary Date - The date on which an employee began employment. Appointment - The act of filling a position. Arizona Revised Statutes (ARS) - Laws adopted, enacted or amended by the Arizona State Legislature. Arizona State Retirement System (ASRS) - State agency which provides retirement benefits, long-term disability benefits, and other benefits to employees of political entities. Assignment Pay - Pay provided to eligible employees as compensation for performing a special duty or assignment. At-Will Employment - The status of an employee who serves at the discretion of the City Manager and may be terminated from employment with or without notice and with or without cause, with no administrative right of appeal. Base Rate - The basic hourly rate (or hourly equivalent) applicable to an employee that does not include any additional or special pay that may be applicable to work performed by an employee. Benefit(s) – Non-monetary programs made available to eligible employees, the cost of all or part of which may borne by the City. Birthday Leave – A flexible paid day off in recognition of an employee’s birthday; such time off is granted at the convenience of departmental needs. Apache Junction Personnel Rules 2023 9 Career Status – Employes who serve a probationary period. City – City of Apache Junction, AZ. City Business - Business directly related to the City, an employee’s performance of job duties, or participation on boards and commissions affecting or dealing with City functions. City Manager - The chief executive officer of the City who is appointed by the Mayor and City Council pursuant to City Code. As used in these rules, the term “City Manager” may also mean one or more subordinate management employees designated by the City Manager to perform a specific management function on behalf of the City Manager, referred to as “designee” or “designees”. 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. Classification Date - The date on which an employee was appointed to a title. Classification Plan - The list of classified titles. Classified Employee/Classified Service - Employee positions with the City other than appointed/elected officials and those designated as non -classified such as the City Manager, City Attorney, and City Magistrate . Commercial Driver’s License - A specified type of driver's license required to operate large, heavy, or placarded hazardous material vehicles in the United States in commerce. Compensatory Time - Those hours worked in excess of forty (40) hours for the seven (7) day work period and accrued, rather than compensated as overtime, in the employee’s compensatory bank to be used for authorized time off. Consolidated Omnibus Budget Reconciliation Act of 1986 as amended (COBRA) - Federal law which provides employees and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time. Corrective Action - The supervisory techniques of documented oral counseling, written reprimand and formal disciplinary action. Apache Junction Personnel Rules 2023 10 Day(s) - Calendar days unless otherwise noted. Demotion - The appointment of an employee from a position in one class to a position in another class assigned a lower salary group. Department Director - The head of a department and includes any appointed official who serves as a department director (e.g. City Manager, City Attorney, and City Magistrate). Designee - Employee authorized to perform a function with or on behalf of another employee. Dismissal/Termination - A separation from employment for cause initiated by the City. 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). Employee - A person working for the City for compensation (wage, salary, stipend) who occupies a position subject to appointment, promotion, demotion, dismissal, separation or removal except for City Council Members. Employee Assistance Program (EAP) - An Employee Assistance Program (EAP) is a work-based program that offers free and confidential assessments, short-term counseling, referrals, and follow-up services to employees who have personal and/or work-related issues. Eligible List - A list of qualified persons that may be considered for employment. Employee Self Service (ESS) - A web-based application that allows employees to securely access personal information, pay and tax information, and benefit open enrollment. Equal Employment Opportunity (EEO) - Equal employment opportunities are provided to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity or expression, sexual preference or status as a veteran in accordance with applicable federal laws. Apache Junction Personnel Rules 2023 11 Exempt Employee - An employee who, due to the nature of the duties of their position with the City, has been determined to be exempt from the minimum wage and overtime provisions of the FLSA. Extended Family Member – An extended family member is defined as: In-laws: daughter in-law, son in-law, mother in-law, father in-law, brother in-law, sister in-law, stepchildren, step parents in-law, step siblings; grandparent or grandchild of an employee. Fair Labor Standards Act of 1938 as amended (FLSA) - Federal law that provides minimum standards for both wages and overtime entitlement and describes administrative procedures by which covered work time must be compensated. Family and Medical Leave Act (FMLA) - Federal law which allows eligible unpaid leave related to the medical care for the employee or employee’s family member. Fiscal Year - As applied to the City, the one-year period from July 1 to the following June 30. Floating Holiday – A flexible paid day off with the purpose of acting as a substitute for a public holiday; such time off is granted at the convenience of the department needs. Grievance – An official statement of a complaint in response to a disciplinary action believed to be wrong or unfair. Hiring Authority - A management level employee who is authorized to make decisions regarding the recruitment, selection, and hiring of employees by an appointed official or designee. Human Resources Director - The Department Director and/or their designee who administers the provisions of the Personnel Rules, Administrative Procedures and City policies. The Human Resources Director is responsible for, but 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 termination, compensation system, the performance evaluation system, maintenance of employee records and employee welfare through employee assistance programs. Apache Junction Personnel Rules 2023 12 Immediate Family Member – Unless otherwise noted in specific sections of the personnel rules, an immediate family member is defined as: a) 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 eighteen (18) years of age or eighteen (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. Insubordination – The failure to comply or refusal to follow lawful directives of a supervisor or another administrative authority. Job Description - A written statement of the characteristic duties, responsibilities, and qualification requirements that d istinguish a given class from other classes. 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). Non-classified Employees – Employee positions not included in the classified service are non-classified employees. Persons in non-classified positions are at-will employees. Non-classified positions include: A. City Manager B. City Attorney C. City Magistrate D. Other Contract Employees E. Part-time, temporary and intern employees Non-Exempt Employee - An employee who, due to the nature of the duties of their employment position with the City, has been determined to be non - exempt from (covered by) the minimum wage and overtime provisions of the FLSA. Overtime Hours - Eligible hours in excess of the established number of hours for the established work period. Apache Junction Personnel Rules 2023 13 Pay Grade - The numerical grouping of one or more job titles based on compensable factors. Performance Review - The periodic evaluation of an employee's work. Personnel File - The hard copy and/or digital file maintained by the Human Resources Department, which contains all original personnel-related information for each City employee. 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. Promotion - The appointment of a career status employee from a position in one class to a position in another class with a higher salary group assignment. Public Safety Personnel Retirement System (PSPRS) - State agency which provides retirement benefits to public safety personnel, as cited in these rules as PSPRS. Reasonable Accommodation – A modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process as defined in Title I of the Americans with Disabilities Act (ADA). These modifications enable an individual with a disability to have an equal opportunity not only to get a job, but successfully perform their job tasks to the same extent as people without disabilities. Reasonable Suspicion/Cause - 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. 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. Rehire - The appointment of a former employee. Reinstatement - The appointment of a person from a layoff list. Resignation - A separation from service initiated by the employee. Separation - Ending employment with the City by reason of unsatisfactory completion of the probationary period, lay-off, resignation, retirement, dismissal, termination, or death. Apache Junction Personnel Rules 2023 14 Sick Leave - Time off with pay for medical/illness related instances granted by the City to employees. Supervisor/Manager - An employee whose job description includes the authority and responsibility to exercise supervision and manage work assignments of other employees. Suspension – The temporary separation from employment of an employee with or without pay for disciplinary purposes. Sworn Personnel - Individuals hired into certified public safety positions (e.g. police officers). Time-off Request – An employee request for paid time off. Transfer - The appointment of an employee to another department and from a position in one class to a position in the same class. Unpaid Absence - An absence other than one resulting from the use of accruals, paid emergency absences, or other paid leaves of absence. Vacation - Time off with pay for rest/leisure granted by the City to employees; such time off is granted at the convenience of the department needs. Work Period - The fixed and regularly recurring seven (7) day period of Saturday at 12:01 A.M. to Friday at 12:00 Midnight upon which overtime compensation may be calculated. Written Reprimand - Written disciplinary notice issued to an employee. Apache Junction Personnel Rules 2023 15 Rule 3. General Provisions Section 1. Equal Employment Opportunity The City of Apache Junction provides equal employment opportunities, in accordance with applicable local, state, and federal laws, to all employees and applicants for employment without regard to race, color, religion, sex (including gender identity, sexual orientation and preference, and pregnancy), national origin, age, disability, or status as a veteran in accordance with applicable federal laws. Non-Discrimination The City complies with applicable state laws governing non-discrimination in employment. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, separation, termination, layoff, recall, transfer, leaves of absence, compensation and training. The City also provides equal treatment for disabled employees who can perform with accommodation the essential tasks of the position that are bona fide occupational qualifications of the position when such accommodations do not impose an undue hardship on the City. Equal Employment Opportunity (EEO) Program The Human Resources Department is responsible for the administration of the EEO program and shall undertake the following actions to ensure equal employment opportunities in the City: A. Periodically review all position qualifications and descriptions to ensure requirements are relevant to the tasks to be performed and make recommendations as needed to delete requirements not reasonably related to the tasks to be performed. B. Ensure that pay and benefits depend upon position responsibility and, along with overtime work, are administered on a non-discriminatory basis. C. Inform and provide guidance to staff and management personnel who make hiring decisions so that all applications for selections, promotion and termination, are considered without discrimination and all applicants be given equal opportunity regardless of race, color, national origin, sex, age, disability, sexual orientation and preference, gender identity or expression, or status as a veteran in accordance with applicable federal law. Apache Junction Personnel Rules 2023 16 D. Create a pool of qualified candidates to encourage diversity and ensure equal employment opportunity in hiring. The following recruitment practices will be followed under the EEO Program: 1. Positions selected for an external competitive recruitment process will be open for a minimum of fourteen (14) calendar days. 2. Positions selected for an external competitive recruitment process shall be advertised to the broadest audience available and appropriate for the position to include web-based employment sites. E. Make available the EEO policy to employees, contractors and suppliers. F. Include an EEO phrase on applications and job announcements in accordance with Federal and State labor laws. 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, Captains, Public Works Director and other persons the City Manager may specify are designated to be key emergency personnel and are required to live within a 15-minute response time to their work location. Police officers, Corporals, Sergeants, and Lieutenants, 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 may provide a written waiver of this requirement for Police Officers, Corporals, Sergeants, and Lieutenants. Such waiver will be placed in the employee’s personnel file. Use of City Vehicle Key emergency personnel shall have the use of a City vehicle 24/7. Apache Junction Personnel Rules 2023 17 No employee who resides outside the corporate limits of the City, except for key emergency personnel or designated by the City Manager in writing, shall have the use of a city vehicle for other than regular working hours. A copy of such designation shall be placed in the employee’s personnel file. Section 4. Compliance with the Immigration Reform and Control Act of 1986 All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Acceptable documents are listed on the back of the form. If the required documentation is not received from the employee within three (3) business days of the date of hire, the employee shall be terminated. Section 5. Affirmative Action In the City, 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, sexual preference or orientation, 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 policy of the City to expect, uphold, promote, and demand the highest standards of conduct from all of its employees. Accordingly, all City employees should maintain the utmost standards of personal integrity, truthfulness, honesty, ethics, and fairness in carrying out their public duties. Employees of the City shall uphold the Constitution, laws of the United States, State of Arizona, and the City, and shall also be: 1. Honest and trustworthy in what they say, do, and write in all professional relationships. 2. Dedicated to providing quality services by being cooperative and constructive, and by making the best and most efficient use of available resources. Apache Junction Personnel Rules 2023 18 3. Fair and considerate in the treatment of citizens and fellow employees, providing service with equality, and granting no special favors. 4. Committed to accomplishing all tasks in an efficient and cost -effective way, and never performing in a way that will harm the image of the City. 5. Recognizing that public and political policy decisions are the responsibility of the City Council, the people elected to represent the citizens. 6. Dedicated to improving the lives of the citizens of the City. Conflict-of-Interest Employees should avoid any improprieties, real or perceived, in while conducting City business, and never use their City position or powers for personal gain. It is unethical for any employee to use public influence or “inside” confidential information for his/her personal advantage. City employees are required to comply with conflict-of-interest laws under ARS Title 38. An employee and/or supervisor shall contact the City Attorney for guidance if there is any concern regarding a potential conflict-of-interest. An 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. Interest in Appointments Employees should not canvass the Mayor or Councilmembers, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to a City job. Preferential Treatment to Individuals Granting any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen is prohibited. 1. Disclosure of Confidential Information The City maintains confidential materials of various kinds (i.e., financial records, personnel data and administrative/legal opinions,) designated as confidential by the City Manager or his/her designee. Apache Junction Personnel Rules 2023 19 All employees are expected to assume responsibility for safeguarding City records, equipment, property, and other materials. Access to certain material is based upon job classification and a need ‐to‐know basis. Appropriate confidentiality will always be maintained. 2. Representing private interest before City agencies or courts No person whose salary is paid in whole or in part by the City shall appear on behalf of private interests before any agency related to City activities. They shall not represent private, business, and/or financial interests in any action or proceeding against the interest of the City in any litigation to which the City is a party. 3. Interest in Contract with the City No employee of the City shall have any interest in any contract made by them in their official capacity. Section 7. Professional and Personal Conduct A relaxed and friendly atmosphere at work is encouraged as conducive to productivity, teamwork, and morale. However, human dignity and personal safety shall not be compromised. 1. Employee Behavior All employees shall treat each other, their supervisors, subordinates, the citizens and visitors with the utmost dignity and respect. The following acts will not be tolerated: A. Physically harming others. B. Verbally abusing others. C. Insubordination, inappropriate, threatening or offensive language. D. Using intimidation tactics and making threats. E. Sabotaging another's work. F. Stalking others. G. Making malicious, false and harmful statements about others. H. Publicly disclosing another's private information. I. Bullying Harassment can take many forms and includes any behavior that has the purpose or effect of bullying or of creating an intimidating, hostile or offensive work environment or interferes with an individual’s work performance. Harassing conduct includes but is not limited to: using derogatory nicknames or slurs; negative stereotyping; behaving in a threatening or Apache Junction Personnel Rules 2023 20 intimidating way; and verbal or physical conduct that degrades or shows hostility or hatred toward an individual. 2. Appearance of Work Areas Work areas are to be kept neat and presentable in the interest of safety and efficiency, presenting a professional appearance at all times for co ‐ workers and visitors alike. 3. Use of City Vehicles and Equipment City vehicles should be used only for City business and should not be used for personal errands. Employees operating City vehicles and equipment are required to comply with all state and local traffic laws. Safety belts must be worn while riding in or driving a City vehicle. If safety belts are inoperable or are not provided, employees should immediately contact the fleet supervisor and report any safety deficiencies. Use of cell phones, texting, or reading incoming messages while operating a City vehicle is prohibited. 4. Care of Personal Belongings/City Supplied Items The City does not assume responsibility for the loss of personal money or belongings, nor is it covered by insurance for such loss. Therefore, each employee needs to protect their personal belongings while at work. The City may provide certain clothing, clothing allowances, equipment, and other items for designated positions to aid an employee to perform assigned duties. It is the responsibility of the employee to wear, use, and maintain City‐provided materials. Section 8. 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. Apache Junction Personnel Rules 2023 21 • 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 workday, of any medication he/she is taking which may cause drowsiness or other side effects that could lead to injury to either him/herself or to his/her co- workers. Section 9. Gratuities/Solicitations Employees should not accept external gifts, loans, gratuities, discounts, favors, hospitality, services or other compensation under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the employee in the performance of duties. Examples of acceptable courtesies include a meal or social event when representing the city; floral offerings or gifts of food to commemorate events such as illness, death, birth, holidays, promotions; or a sample or promotional gift of nominal value ($25 or less). Section 10. Outside Employment and Volunteer Activities Outside Employment Outside employment shall not conflict with the position held in the City , this is to include but is not limited to work performance, ethics, and scheduled hours. 1. Outside employment with an entity that conducts business with the City or requires the employee to have frequent contact with entities that regularly do business with the City without full disclosure and satisfactory management of any potential conflict of interest. 2. Outside employment that cannot be accomplished outside of the employee’s normal working hours or is otherwise incompatible with the performance of the employee’s duties by placing the employee in a position of conflict between the employee’s role at the City and the employee’s role in the outside employment. 3. Performance of work for any governmental entity within the State of Arizona without the written consent of both employers. Apache Junction Personnel Rules 2023 22 4. Outside employment that exploits official position or confidential information acquired in the performance of official duties for personal gain. 5. Outside employment that the public may view as work on behalf of the City. An exception to restrictions on outside employment pertain t o the Public Safety Department. Outside employment of sworn police officers must conform to Police Department Policies and Procedures. Due to the importance of the public’s perception of the governmental system, the City requires that all employees who engage in outside employment disclose such work to their Department Director, who will notify the Human Resources Director if appropriate. Outside employment is subject to review for conformance to these personnel rules. Employees engaged in outside employment determined not to be in conformance may be required to cease such employment. Career status employees are to consider the City of Apache Junction as the primary employer. Volunteer Activities Employees are encouraged to engage in volunteer activities. However, employees should evaluate their volunteer activities in the same manner as outside employment to identify any potential substantive or ethical conflict with the employee’s position with the City. Apache Junction Personnel Rules 2023 23 Rule 4. Recruitment and Selection Section 1. Policy Statement This section is to describe the process for recruiting to fill open positions. The filling of all vacancies will be made with the objective of obtaining individuals who are qualified and best suited to perform in the positions for which they have applied. Section 2. Application Forms All applicants for positions must complete an electronic application through the City’s talent acquisition software found on the City’s HR webpage. Human Resources will provide reasonable accommodations and assistance for applicants to complete their online application . Electronic applications submitted by the person become the property of the City. Resumes may be attached to an application but will not be accepted in lieu of a fully completed application, except as pre-determined for a recruitment conducted by a third- party. Section 3. Recruitment and Selection Process When a vacancy exists or is anticipated for an existing position, the Department Director or hiring Supervisor shall submit a recruitment request to the Human Resources Director. The request is initiated by completing a requisition through the City’s talent acquisition program. Vacancies for regular and temporary, full- and part-time classified and unclassified positions may be filled by an external competitive recruitment process or an internal competitive recruitment process. The Human Resources Department and the hiring department will work together to develop recruitment and selection strategies for each vacant position. The Human Resources Department is responsible for ensuring compliance with all applicable laws and policies regarding recruitment, shall conduct all recruitment processes and retain all recruitment records. Positions selected for an external competitive recruitment process will be open for a minimum of fourteen (14) calendar days. Positions selected for an external competitive recruitment process shall be advertised to the broadest audience available and appropriate for the position. Apache Junction Personnel Rules 2023 24 Any city employee may apply for positions posted as external recruitments. Positions selected for internal competitive recruitment process will be opened for a minimum of seven (7) calendar days. 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, drug and alcohol pre-employment screenings, consumer background reports, 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. Section 5. Screening of Applicants The Human Resources Division shall refer all minimally qualified applications to the appropriate Department Director or designee for review. Non‐qualifying and/or incomplete applications will remain in the talent acquisition program and will not be considered in the recruitment process. Minimum Qualifications Applicants for appointment, promotion, or transfe r to positions must possess the minimum qualifications stated in the job announcement. The determination as to whether a person meets the specified minimum qualifications set for the position shall be made by Human Resources. A review of the applicant’s employment application, academic credentials, work experience, certifications, skills, examination results if required, and any other pertinent information shall be used in determining whether an applicant possesses the minimum qualifications. Apache Junction Personnel Rules 2023 25 Section 6. Offer of Employment All offers of employment will be made exclusively by Human Resources, except for those positions filled through appointment by the City Council such as the City Manager, City Attorney and City Magistrate. Human Resources will notify Department Directors, hiring Supervisors or designees as soon as an offer has been accepted, pre-employment screenings have been completed and a reporting date has been arranged. Section 7. Eligible Lists Qualified applicants who apply for a position but are not selected may be placed on an eligibility list for the position they applied for and/or for another related position within the City. The related position must be in the same or lower pay range than the position for which the candidate applied. Example: The Administrative Assistant eligibility list may be used to fill an Office Support Specialist, but not vice versa. Candidates placed on an eligibility list for a position may be eligible to be interviewed for that position or a related position at a lower pay range, should it become available, without having to reapply. The list will be kept on file in Human Resources for six (6) months from the date the position closed. Human Resources may extend the expiration of the eligibility list for an additional six months upon a Department Director’s request. The name of any person appearing on an eligible list shall be removed by the Human Resources Director if the person whose name on the list makes written request to have it removed, or if the eligible person fails to respond to a notice of eligibility mailed to the last known address of record. Section 8. Hiring of Relatives No active City Council Member, City Manager, City Attorney, City Magistrate, or Department Director, shall appoint or be involved in the decision to hire any immediate family member or relative, related within the third degree of affinity (marriage) or consanquinity (blood), as defined in ARS § 38-481 and Administrative Code R2-5A-305, to include a spouse, child, parent, grandchild, grandparent, sister, brother, great grandchild, great grandparent, aunt, uncle, nephew, niece or first cousin, to a position in the City of Apache Junction. Immediate family or employees who reside in the same household will be allowed to work in the same department, and n either will be required to Apache Junction Personnel Rules 2023 26 transfer or terminate employment, as long as neither is in a position that requires supervising the other. If a supervisory responsibility is involved, Rule 14. Fraternization Policy applies, and the affected employees will determine which of them will transfer or resign in order to ensure compliance with this policy. The City will assist in exploring transfer opportunities to like or similar positions for either employee. If no transfer opportunity exists after 90 days, one of the employees will be required to resign employment with the City. Should a supervisory employee marry a subordinate employee, both employees shall report the marriage to the next higher up supervisor in the chain of command and the Human Resources Director. Failure to do so is grounds for discipline, up to and including termination. Apache Junction Personnel Rules 2023 27 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 posit ions 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. 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. Apache Junction Personnel Rules 2023 28 Section 2. Employee Status Every employee in the City service shall hold one of the following status identifications determined by position characteristics, probation requirements, or both: A. Initial probationary status B. Career status C. Transitional probationary status D. Non-career status Section 3. Attainment of Status A. Initial probation Every person when first appointed or re-employed to a full-time or part- time City position, other than a non-career status position, shall hold initial probationary status for the probation period, which is one (1) year; unless they are appointed to a title which requires Arizona Peace Officer Standards and Training (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, to a position in his/her job family, 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. Apache Junction Personnel Rules 2023 29 C. 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, seasonal, part time 19 or less hours, or contractual positions shall hold non-career status for the duration of the appointment and shall not serve a probation period. Non-career status employees include contract employees such as the city manager, city attorney, and presiding magistrate. Section 4. Probation Probation periods shall be regarded as integral parts of the recruitment and selection process and shall be utilized for close observation of the employee's work, performance of duties, job dedication and for securing the most effective adjustment of a new employee to the position and to separate or demote an employee whose performance does not meet required standards in accordance with the following: A. Separation during initial probation An employee in initial probationary status may be separated at any time without cause and without right of appeal. Employees are considered at- will during this time period. 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 Human Resources Director be a minimum of two (2) weeks prior to the action and probation period end. Apache Junction Personnel Rules 2023 30 B. Separation during transitional probation An employee in transitional probationary status may be separated if the employee does not perform satisfactorily during the transitional probation period. An employee in transitional probationary status has no right to return to his/her former position. The Department director is responsible for notifying the probationer and the Human Resources Director, prior to the end of the probation period, of successful or unsuccessful completion of probation . Section 5. Duration of Probation A. Initial The initial probation period shall be one (1) year of actual service from the date of appointment, except for police personnel in titles requiring AZ Post certification. The initial probation period for titles requiring AZ POST certification shall be one (1) year, providing they hold AZ POST certification at time of appointment. Those not holding AZ POST certification at time of appointment and where AZ POST Certification is required to continue in the title shall serve a fifteen (15) month probation period. At the request of a department director, the Human Resources Director may approve an extension of the initial probation period, to a maximum of three (3) months actual service. B. Transitional The transitional probation period shall be six (6) months from applicable action and is required for transfers, promotions, and voluntary demotions unless requested to be waived by the Department director and approved by the Human Resources Director. The transitional probation period of non-sworn and non-AZ POST certified employees to a title requiring AZ POST certification shall be ten (10) months. 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. Apache Junction Personnel Rules 2023 31 Section 6. Effect of Status on Employee Rights and Privileges A. Employees in Initial Probationary Status 1. May be separated or demoted at any time for any reason without cause except for unlawful discrimination as defined in Rule 17, Grievance and Appeal Procedures; 2. May not grieve or appeal any decision relating to his or her employment, including dismissal, except for alleged unlawful discrimination as provided in Rule 17, Grievance and Appeal Procedures. B. Employee in Career Status 1. Shall 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. Apache Junction Personnel Rules 2023 32 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. Rehire Appointment The re-employment of a former employee. D. Transfer Appointment The appointment of a career status employee from one department to another department and from a position to a position in the same class. No employee shall be transferred to a position for which the employee does not possess the minimum qualifications. E. Demotion Appointment The appointment of a career status employee from a position assigned a lower salary group. The employee must meet the minimum qualifications of the demoted position. 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. The City Manager has the authority to reassign an employee within the employee’s classification across departments to address the needs of the City. Apache Junction Personnel Rules 2023 33 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 Employees who meet the criteria established by the FLSA as amended, and relevant case law, are exempt from overtime pay. Notwithstanding any other provision of these Personnel Rules or any other policy of the City of Apache Junction, FLSA classified exempt 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 Family and Medical Leave Act (FMLA) or the deduction is a penalty or disciplinary measure taken for infractions of safety rules of major significance. In addition, the FLSA allows deductions for one or more full days for infractions of workplace conduct rules. B. Nonexempt Employees Nonexempt employees are FLSA covered employees who do not meet the criteria to be classified exempt. 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. Apache Junction Personnel Rules 2023 34 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 all of 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 employee. B. Such change has been gradual, rather than resulting from assignments to a specific employee in a short period of time. C. Such changes in duties and responsibilities are of a permanent nature. D. The department director or an employee may request a classification review of the position. The request shall be submitted 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. Apache Junction Personnel Rules 2023 35 Section 4. Creation, Abolishment and Reclassification of Positions Creation, abolishment, and reclassification of positions in civilian salary Grade 42 and above and sworn salary Command Staff Grade 8and 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 civilian salary group 41 and below and below sworn salary group Command Staff 7. Apache Junction Personnel Rules 2023 36 Rule 7. Employee Records Section 1. Policy Unless otherwise required by law, personnel files shall be protected from access by persons other than the City Manager, Human Resources personnel, City Attorney, the employee’s Department Director or Supervisor, or others as the City may designate as appropriate under the circumstances, and the employee. The City will respond to legally issued subpoenas, judicial orders or public records requests in regard to personnel files, or as otherwise required by law. Employee records will be kept confidential except as required by state or federal law. Section 2. Accessibility Employees may request in writing the opportunity to review their personnel files. Files can be reviewed in Human Resources in the presence of a Human Resources staff. At the request of the employee, copies of materials included in their files shall be furnished to the employee within a reasonable time frame. A Department Director and/or immediate Supervisor will have access to the personnel file of the employees in their chain of command, as appropriate and when needed. Human Resources personnel will have access to personnel files for the purpose of carrying out necessary personnel transactions. All inquiries for information on current or former employees made by parties other than the employee, Department Director, immediate Supervisor, or hiring Supervisor will be handled in accordance with the Arizona state public records laws. Release of any information to an outside party must be requested via a Public Records Request Form authorized by City Clerk or their designee; a written authorization from a current or former employee; or, a legal summons (limited exceptions may apply). If necessary or required, the City may disclose information to the appropriate party in a lawsuit, grievance, or other proceedings initiated on behalf of the employee including without limitation, proceedings relating to workers’ Apache Junction Personnel Rules 2023 37 compensation, unemployment compensation, marital dissolutions or other actions relating to benefits sought by the employee. Section 3. Contents of Personnel File Once material has been entered into an employee’s personnel file it shall remain with the contents of the file in accordance with the Arizona state record retention laws. 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. 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. Section 5. Verification of Employment Only the following information will be provided to prospective employers and other agencies seeking employment verification: A. Dates of employment B. Job title C. Pay rate In response to reference requests, public records requests and subpoenas, the City will provide the same information only if requested. Apache Junction Personnel Rules 2023 38 Rule 8. Attendance and Leaves Section 1. Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees. An employee shall be considered absent without leave when absent from work for three (3) or more consecutive working days without authorization. This absence is automatically considered resignation by job abandonment. Tardiness and/or absenteeism or pattern of absences and/or tardiness may result in disciplinary action. Section 2. Vacation Leave Employees shall be entitled to annual vacation leave with pay except the following: A. Employees who have served less than six months in the service of the City. B. Employees who work less than 1,040 hours per year. Upon completion of six (6) months of actual service, each eligible employee shall be credited with up to forty-eight (48) hours of vacation and shall accrue vacation thereafter at the rate specified in this rule. It is the responsibility of the employee to schedule his/her vacation time in compliance with departmental workloads and needs and to obtain supervisor approval in advance. It is the supervisor’s duty to confirm the approval or denial of an employee’s requested vacation leave in a timely manner. All vacation leaves are to be taken at the convenience of the department and shall be approved 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 vacation credits in excess of 320 hours at the first of any calendar year become void . Apache Junction Personnel Rules 2023 39 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. The City Manager may provide a hiring incentive of additional vacation hours than referenced above and may allow such vacation time to be used immediately. Section 3. Sick Leave A. Sick Leave for Career Status Employees 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. 1. Accrual a) 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. b) The employee must have completed thirty (30) days of employment before sick leave credits are granted. c) 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. d) Employees eligible for sick leave may bank a maximum of 1,040 hours. Sick leave credit is neither earned nor granted when an employee is at the maximum. Apache Junction Personnel Rules 2023 40 2. Use of Sick Leave Credits a) 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. Sick leave may also 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 member. b) When absence is required under sick leave, the employee or his/her designee shall notify the employee’s immediate Supervisor of the reason prior to, or within two (2) hours, of the employee’s scheduled starting time. Notification must be made 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. c) Upon approval by the department director, employees who have exhausted their sick leave credits may substitute their accumulated compensatory time credits first, if available, before vacation leave credits during absence as set forth in this Section. d) 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. e) Sick leave credits shall not be granted in advance of accrual. f) If the employee did not submit a Time-off request (TOR) prior to the absence, the employee shall do so immediately upon his/her return to work or upon request. A Supervisor may enter a TOR for sick leave on behalf of an employee when an employee is absent and timecards are due to meet a payroll deadline. g) The City Manager may as an employee incentive, provide additional sick leave and new hires and may waive the limitations noted in Section 3 (1) above. Apache Junction Personnel Rules 2023 41 B. Sick Leave for Non-Career status Employees 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. 1. Accrual a) The employee must have completed 30 days of employment before sick leave credits are granted. b) Employees shall accrue a minimum of one (1) hour of earned paid sick time for every 30 hours worked, but employees shall not be entitled to accrue or use more than 40 hours of earned paid sick time per year. A year is the period July 1 to June 30. c) An employee may use earned paid sick time as it is accrued. 2. Use of Sick Leave a) 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. b) Sick leave may also be taken in cases in which an employee is absent for reasons of illness or injury, dental, optical or medi cal appointments for his/her immediate family or foster child. c) Sick leave must be requested by a TOR through the function of the City’s timekeeping system. d) When absence is required under sick leave, the employee or his/her designee shall notify the employee’s immediate Supervisor of the reason prior to, or within two (2) hours, of the employee’s scheduled starting time. Notification must be made 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 Apache Junction Personnel Rules 2023 42 specific division/units within their department or for individual workloads. e) Sick leave credits shall not be granted in advance of accrual. f) If the employee did not submit a TOR prior to the absence, the employee shall do so immediately upon his/her return to work or upon request. A Supervisor may enter a TOR for sick leave on behalf of an employee when an employee is absent and timecards are due to meet a payroll deadline. C. Supporting Documentation and Investigation of Sick Leave The City may require submission of evidence from a licensed health-care practitioner substantiating the need for paid sick leave used on three (3) or more consecutive workdays. The City can require reasonable documentation showing the earned paid sick time was used for purposes permitted. Department Directors may investigate the alleged illness of an employee absent on sick leave. False or fraudulent use of sick leave shall be cause for disciplinary action up to and including termination. 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, or when the department director has reason to believe the employee should work, the department director may submit a written request to the Human Resources Director, requesting the 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 Apache Junction Personnel Rules 2023 43 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. E. Sick Leave Payout The City offers a payout upon an employee death or if an employee resigns in good standing. Reference Rule 19, Section 2. The payout shall be as follows: Hours between 0 – 320 @ 0% Hours between 321 – 639 @ 50% Hours between 640 – 1040 @ 25% F. Donation of Sick Leave Hours between Employees Donation of sick or vacation leave hours are established by Administrative Procedure. Section 4. Workers’ Compensation Workers’ compensation and on the job illness or injury procedures are established by administrative procedure. Employees who sustain a job-related injury compensable under the Arizona Workers’ Compensation law are covered by the provisions of that law. Section 5. Military Leave Military leave shall be granted in accordance with state and federal law. All employees entitled to military leave shall give their supervisors an opportunity, within the limits of military regulations, to determine when such leave shall be taken. The request process for this leave is established in the City’s Administrative Procedures. Apache Junction Personnel Rules 2023 44 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 shall review the request, and, if supported, submits it 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 up to three (3) months in a twelve (12)-month period. The Human Resources Director may extend the leave after review of the situation. A leave of absence without pay may be granted for up to twelve (12) months, if the absence is due to a workers’ compensation covered event. Benefits, Accruals, Holidays a. An employee’s health and dental benefits will be cancelled. b. An employee may, at his/her option, continue health and dental coverage through COBRA. c. 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% d. Credits do not accrue. e. The employee is not entitled to compensation for city observed holidays. Retirement Credit The employee is encouraged to consult with his/her retirement system for information regarding retirement service credit and his/her leave of absence without pay. Termination of Leave of Absence without Pay An employee on a Leave of Absence without Pay is not protected from changes at work and is not entitled to any greater restoration right than those of an employee not taking a Leave of Absence without Pay. Upon return from an approved leave of absence without pay, the employee shall be reinstated to the position held at the time leave was granted, only if the position is available. Failure on the part of an employee to report to duty upon expiration of the leave shall be cause for discharge. The effective date of discharge will be the first date of leave of absence without pay. Apache Junction Personnel Rules 2023 45 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 for a total of 10 working days in any twelve-month period. Extended periods of leave with pay may not be granted except by express approval of the department director, Human Resources Director, and City Manager. Section 8. Jury Leave Career status employees who are called to meet an obligation as a c itizen 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 will be granted time off with pay to meet the requirement 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 from work and may use their vacation, compensatory time, floating holiday to cover the absence. Apache Junction Personnel Rules 2023 46 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. 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 an immediate family member, or biological, legally adopted or foster sibling. Employees are permitted up to three (3) days of bereavement leave due to the death of an extended family member. An employee may request to use any available paid leave balances for additional time off as necessary. Any request to use paid leave balances will be considered in accordance with the leave policies set forth. Apache Junction Personnel Rules 2023 47 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 an observed holiday falls on Friday or Saturday, the preceding Thursday will be considered the holiday. When an observed holiday falls on a Sunday, the following Monday will be considered the holiday. Public Safety and other employees may be required to be on duty for City observed holidays. Each year, on or before April 1st, the Human Resources Department shall post a list of the next fiscal year’s observed holidays and shall indicate which holidays are eligible for holiday pay. The City allocates ninety (90) holiday hours annually to full time employees, and fifty-five (55) annually to part time employees (twenty (20) hours or more per week); holiday hours in excess of those designated for paid City holidays will be converted to Floating Holiday hours and will be deposited in the employee’s Floating Holiday bank. The City Manager may provide additional holiday hours than referenced above with notification to City Council prior to the observed holiday. The holiday hours deposited into the Floating Holiday bank shall be approved for use at such time that is mutually agreeable to the employee and the employee’s supervisor. Floating Holiday hours will not be available for use on an unplanned or call-in basis. Floating Holiday hours not used by June 30th of each year will be forfeited. In addition, all Floating Holiday hours remaining, but not taken prior to the last day of employment with the City, shall be forfeited. For those holidays eligible for holiday pay, the employee must be on pay status their scheduled day before and day after the holiday. This means if an Apache Junction Personnel Rules 2023 48 employee is on leave without pay or in any other no pay status, he/she will not be paid for the holiday. Section 13. Birthday Leave Birthday leave hours are granted on July 1st of each year. Birthday Leave must be used in total hours for an employee’s full scheduled day. Employees with normal hours of 32 or more per week are given hours equivalent to one regularly scheduled workday to be used as Birthday Leave. Part time employees with normal hours between 24 and 31 per week are given five (5) hours. Prior to taking Birthday Leave, an employee shall obtain approval from his/her supervisor. The leave may be taken at a time mutually agreed to between the employee and the supervisor. Employees are encouraged to use their Birthday Leave hours within 30 days of their birthday, however if Birthday Leave hours are not used by the end of the fiscal year in which they were granted, they will be lost, Birthday Leave hours are not carried over. Section 14. Rest Periods Employees may be granted two separate rest periods of fifteen (15) minutes each during a work shift. Rest periods shall be counted as time worked. Rest periods shall not be combined or used to provide an extended rest or lunch period or shorten the workday. Compensatory time or overtime pay shall not be granted for rest periods not received or taken or for work performed during the rest period. Section 15. Family and Medical Leave Policy A. Basic Leave The Family Medical Leave Act (FMLA) provides eligible employees with up to twelve (12) workweeks of job protected leave without pay in a twelve (12)-month period and requires group health benefits to be maintained during the leave as if the employee continued to work. FMLA designated Apache Junction Personnel Rules 2023 49 time is not required to be a consecutive twelve (12) workweeks and can be intermittent, if applicable. 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 to twelve (12) weeks of FMLA designated leave to address qualified exigencies related to the employee’s spouse, son, daughter, or parent being on active duty or being called to active-duty status in the National Guard or Military Reserves. C. Military Caregiver Leave The FMLA includes a leave designation that permits eligible employees to take up to a combined total of twenty-six (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 twelve (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. E. Definitions For the purpose of designation of leave as family and medical leave the following definitions apply: 2. 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. Apache Junction Personnel Rules 2023 50 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. 3. Next of Kin (Military Caregiver Leave): The nearest blood relative other than the covered service member’s spouse, parent, son or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court of decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. 4. Serious Health Condition: an illness, injury, impairment, or physical or mental condition that involves in-patient care in a hospital, hospice, or residential medical care facility or any subsequent treatment in connection with such in-patient care or continuing treatment by a health care provider. Per the FMLA, examples of situations that do not normally meet the definition of a serious health condition are: conditions for which cosmetic treatments are administered, the common cold, the flu, earaches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease. F. Eligibility for FMLA 1. Who is eligible for leave designation under the FMLA: Eligible employees are those who have been employed by the City for at least twelve (12) months and have worked (including paid absences) for a period of not less than 1250 hours during the preceding twelve (12) months. 2. When FMLA may be Designated: Leave may be designated as Family and Medical leave for the following reasons: Apache Junction Personnel Rules 2023 51 a. The birth, adoption, or foster care placement of a son or daughter if the leave is taken within twelve (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 twelve (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. e. To care for a current member of the Armed Forces who has serious injury or illness incurred in the line of duty on active duty, and who is the spouse, son, daughter, parent, or next of kin of the employee. Eligible employees may use a combined total of twenty-six (26) weeks (FMLA and Military Caregiver Leave). 29 CFR 825.127 G. Duration of FMLA Eligible employees are allowed to be granted up to twelve (12) weeks of leave for basic FMLA and Exigency Leave and up to a combined total of twenty-six (26) weeks for leave under the military caregiver provision of the FMLA in a twelve (12)-month period. The twelve (12)-month period is computed as a rolling twelve (12)-month period measured backward from the date leave is used. Apache Junction Personnel Rules 2023 52 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 compensatory leave and then vacation leave. 2. All accrued compensatory leave and then vacation leave shall be used before unpaid leave may be used. 3. Both non-exempt and exempt employees shall use earned accruals while on FMLA leave, if available. Exempt employees shall be charged in hourly increments for intermittent time off while on FMLA Leave. 4. The amount of unpaid leave available shall be the time remaining after having deducted the eligible accrued paid leave time from the twelve (12) weeks, or twenty-six (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. 5. 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 twelve (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. J. 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. Apache Junction Personnel Rules 2023 53 K. 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. L. 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; and b. The anticipated duration of the condition; and c. The appropriate medical facts within the knowledge of the health care provider regarding the condition; and 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 employee, Apache Junction Personnel Rules 2023 54 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 if the designated leave is extended. 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. M. Effect of an unpaid FMLA Designation on Accruals, Service, and Benefits 1. Accruals: a. While on unpaid leave an employee will not lose any credits accrued and unused before the date on which his/her leave is designated. b. The employee will not accrue vacation or sick leave credits. c. If the employee is not compensated in a month, retirement service credit will not accrue. d. The employee is not entitled to holiday pay. 2. City Service: a. The unpaid absence will not constitute a break in City service for seniority purposes. 3. Health/Dental Coverage: a. The employee is entitled to have his/her health and dental benefits maintained while on leave as if the employee had continued to work. b. It shall be the responsibility of an employee on unpaid leave which has been designated as FMLA to provide his/her portion of the premium payment necessary to maintain health and dental insurance coverage. c. If an employee decides not to return to work, the City is entitled to recover from the employee the cost of the health insurance premiums paid while the employee was on leave designated as Apache Junction Personnel Rules 2023 55 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). N. Return from leave designated as FMLA 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 FMLA 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 a reasonable accommodation. 5. When an employee returning from leave designated as FMLA 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 FMLA designation. Misuse of this designation shall be cause for disciplinary action up to and including termination. Apache Junction Personnel Rules 2023 56 Rule 9. Overtime Section 1. Policy It is the City's policy to avoid the necessity for overtime work whenever possible but understands overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. It shall be the responsibility and an important measure of job performance, for supervisors, 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 workday, 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 The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the pro visions of the FLSA. All employees classified FLSA Exempt are excluded from payment of overtime hours, on-call pay, call out pay assignment pay, or other special pay in and above the base rate of pay. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. However, FLSA exempt employees may be required to work a specified schedule set by their supervisor. The City prohibits any deductions from FLSA exempt employees’ pay that are improper under the FLSA. Exempt employees shall not use partial day increments of accrued leave credits unless on FMLA designated leave. Non-covered employees include City Manager, City Magistrate, City Attorney, Associate City Magistrate, Judicial Assistant, and independent contractors. 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 Apache Junction Personnel Rules 2023 57 forty (40) hours per week or the equivalent in compensatory hours, or as provided in these Rules (see Section 6. Calculation of Overtime). A work period is defined as seven consecutive days which begins on Saturday at 12:01 A.M. and ends the following Friday at 12:00 Midnight. 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 workplace." 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 they 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 Periods All employees that work in excess of six hours shall be offered a meal break as ordered by the United States Department of Labor. The City requires all career status non-exempt employees that work in excess of six hours during a regular scheduled day to take at minimum a half-hour meal break. Departments may require a one-hour meal break depending on department needs and as needed to provide coverage. Employees are prohibited from working through their meal break in order to reduce hours worked in the workday. 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 Apache Junction Personnel Rules 2023 58 (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). 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 and/or other contact will not accrue hours worked for those time periods. Employees who are assigned on-call status will receive compensation for each hour served in an on-call status. On-call compensation: - $2.00 per hour - The City Manager has the authority to adjust the compensation rate. On-call compensation does not apply when the employee is required to perform work-related duties during on-call time since that time is considered hours worked. If an employee is unable to use off duty time for his/her purposes as outlined in the FLSA, those hours shall be considered hours worked and not qualify for on-call status. Voluntary Work Employees who continue to work after their shift is over are engaged in compensable working time. The reason for the work is immaterial as long as the supervisor "suffers or permits" employees to work on the City's behalf, proper compensation must be paid. Once an employer allows the employee to work, or knows that the employee is working, the employee must be compensated. It is the supervisor's responsibility to make certain that unauthorized overtime work is not performed. According to the FLSA, the mere existence of a rule is not sufficient to avoid compensation for additional hours worked. Apache Junction Personnel Rules 2023 59 Supervisors who permit employees to work overtime without compensation may be subject to discipline. Employees who work unauthorized overtime may also be subject to discipline. Waiting Time 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 include but are not limited to: • 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 twenty (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 workday. • Donning and doffing (putting on and taking off work uniforms and equipment) 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 • Floating Holiday • Birthday Leave • Vacation Leave Apache Junction Personnel Rules 2023 60 • 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. 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 hours are considered hours worked for the purposes of overtime calculations. Section 7. Compensatory Time in Lieu of Paid Overtime The FLSA permits the City 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. Non-exempt FLSA classified employees who change from one salary group to another, either by promotion or demotion shall receive a payout of their banked compensatory time. Payment will be at the employee’s current rate of pay prior to change. Non-exempt FLSA classified employees who become exempt FLSA classified employees shall receive payment for any compensatory banked time. Payment will be at the rate of pay in the non-exempt status. Apache Junction Personnel Rules 2023 61 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. Apache Junction Personnel Rules 2023 62 Section 10. Travel Time Home-to-Work Travel As a general rule, home-to-work travel is not compensable, even if an employee must travel from a town to an outlying site to get to the employer's premises. This is true whether an employee works at a fixed location or at different job sites. Generally, an employee is not at work until he or she reaches the work site. However, if an employee is required to report to a meeting place where he or she is to pick up materials, equipment, or other employees, or to receive instructions, before traveling to the work site, compensable time starts at the time of the meeting. Travel during 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. Apache Junction Personnel Rules 2023 63 Rule 10. Performance Review Section 1. Purpose The performance review 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 review is intended to cover the City’s Core Values and overall performance during the review 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 Review Requirements Following End of Probation Every career status employee shall have his or her performance reviewed at least once a year and, when a written report is prepared on this performance, shall be retained by the department. Employees shall be allowed to submit a written response to their performance review; the employee’s written response shall be attached to the report it addresses. Department directors are encouraged to bring unsatisfactory performance to the attention of the employee when the unsatisfactory performance occurs. Section 4. Salary Increase Employees, with the exception of temporary, seasonal, and employees in their initial probationary period, are eligible for the city’s annual salary adjustment dependent upon budgetary approval by the City Council. Employees who successfully complete their initial probationary period in July, August, or September, will receive a salary adjustment the first full pay period after the completion of their initial probationary period. Departments are responsible to notify Human Resources of the completion of the probationary period. Apache Junction Personnel Rules 2023 64 Rule 11. Drug-Free Workplace Policy Section 1. Purpose The City believes that substance abuse is a serious threat to the welfare of employees, citizens, and the public. The City has est ablished rules with respect to the use, possession, or sale of drugs and alcohol. The expectation of the drug and alcohol testing policy is to: 1) Ensure a healthy, safe and productive working environment for City employees; 2) Continue to provide high-quality services to the public; and, 3) Ensure compliance with federal and state laws and regulations for a uniform city-wide, drug-free workplace effort. Section 2. Policy Statement This policy will be construed in accordance with federal, state , and local laws, including the ADA, the FMLA, and the Omnibus Transportation Employee Testing Act (OTETA) of 1991. 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 allowable in police department policies and procedures. Reasonable suspicion/cause 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. Apache Junction Personnel Rules 2023 65 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; if a City vehicle is involved, the vehicle must be in operational mode and in motion; 9. Evidence of use, possession, sale, solicitation, manufacture, or transfer of drugs or alcohol while working or while on employer premises. Section 3. 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. Section 4. Types of Authorized Drug and Alcohol Testing A. Post-Job Offer, Pre-employment Testing All new job candidates, occupying a safety‐sensitive position identified by Human Resources and/or as per state and/or federal law, must undergo testing for alcohol and controlled substances within thirty-six (36) hours of the conditional offer of employment. The conditional offer of employment will be withdrawn if the job candidate does not test within thirty -six (36) hours of notification. A job candidate who tests positive for alcohol, con trolled substances, or drugs may be disqualified from consideration for employment and may not be eligible for employment with the city for a period of twelve (12) months from the date of the initial positive drug/alcohol test result. Pre‐employment testing also pertains to current employees who transfer or are promoted into a position that requires the possession of a CDL or is a safety‐sensitive position. Applications for any position will not be considered from any current employee who refuses to test. Apache Junction Personnel Rules 2023 66 Applicants will not be allowed to substitute testing done through their own medical facilities and/or laboratories unless the applicant is an out‐of‐state resident and the out‐of‐state laboratory has been approved by Human Resources to perform the test. B. Public Safety Department Employees and Transfer Upon transfer to or from a narcotic or drug-related assignment, all public safety department employees, 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 public safety 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/Cause Testing If the City has reason to suspect that an employee is violating this policy or when there is reasonable suspicion/cause 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 drug and/or alcohol testing. The decision to require a test for reasonable suspicion will be based upon objective observation, by one or more supervisors. If a supervisor has reasonable suspicion to believe an employee is impaired while on duty or while in control of any City‐owned vehicle, he or she should immediately ensure the safety of the employee and other employees by removing the employee from the work site. The City may request assistance of a police officer to assist in the determination. The Human Resources Director, or designee, must be notified and provide approval prior to administering a reasonable suspicion test. Documentation shall be made as to specific observations made and then the supervisor or designee will drive the employee to the testing site and then home pending the test results. The employee will be placed on paid administrative leave pending notification of the test results. Apache Junction Personnel Rules 2023 67 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 a City vehicle in operational mode and in motion results in an accident involving tow-away and/or medical assistance. 2. Those whose use of City equipment or vehicle results in an accident in which a person is fatally injured. 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. Self-Identification and Testing Employees are encouraged to self‐identify to his/her immediate supervisor, through the chain‐of‐command or to Human Resources for chemical dependency, alcohol abuse, or continued misuse of medications before it affects safety or on‐the job performance. This is a one‐time self‐identification opportunity during the employee’s tenure with the City. The self‐identification opportunity must be voluntary. Discipline will not be initiated because an employee self‐identifies (self‐identification must occur prior to when an employee receives notification of the requirement for a test). Employees who self-identify will: a) Be removed from any driving or safety‐sensitive position until released by a City-selected Substance Abuse Professional (SAP). b) Agree to successfully participate in a City-approved Employee Assistance Program (EAP) treatment rehabilitation program and comply with the program conditions. c) Sign a Last Chance Agreement. This Agreement is offered in lieu of dismissal for violation of the City’s substance abuse rule. This Agreement outlines the additional condition of continued employment with the City. Apache Junction Personnel Rules 2023 68 d) Sign a “Consent to Release Information” document allowing the SAP to communicate the employee’s progress to the Human Resources Director, or designee. e) Agree that the employee will pay the cost of the SAP and for follow‐ up testing. The City will allow follow‐up testing on City time. f) Agree to unscheduled alcohol and/or controlled substance tests, as directed by the SAP or the City, for a minimum of six (6) tests in the first twelve (12) months and not to exceed sixty (60) months from the date the employee returns to work. g) Complete a Fitness for Duty (FFD) test as a condition to return to work or continued employment in conjunction with the completion of an approved drug and/or alcohol treatment or counseling program. Voluntary self‐identification shall not relieve the employee from the responsibility of adequate job performance, nor prevent a recommendation for dismissal in the event that the employee tests positive for any alcohol, illegal controlled substance, or non ‐prescribed medication, after follow‐up testing has begun. In addition, if, due to the circumstances of the drugs, controlled substances and/or alcohol misuse, the employee is not able to perform the functions of their position, the employee will be recommended for dismissal. F. Re-employment or Reinstatement to Workforce Any individual who is re-hired, reinstated, transferred, promoted, or demoted to a safety sensitive position, in accordance with Rule 5, Appointments, Status, and Probation , is required to submit to a drug and alcohol test prior to resuming work. G. Follow-up Testing If an employee is offered a rehabilitation option in lieu of discipline for a positive test result in accordance with Section 7 of these rules; the employee is subject to random drug testing for a minimum of one (1) year following the completion of the rehabilitation program. Apache Junction Personnel Rules 2023 69 Section 5. Policy Violation The following are grounds for discipline up to and including termination, even for a first offense. A. Alcohol: An employee who tests positive for alcohol while on city business during the employee's working hours or while on city property during the employee's working hours is in violation of this policy. B. Drugs: An employee who tests positive for drugs is in violation of this policy. C. An employee who is required as a part of his/her job 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. D. Failure to Participate: An employee will be considered a failure to participate in the City’s drug and alcohol testing policy for: 1. Failure to submit to drug or alcohol testing. 2. Failure to immediately report for drug or alcohol testing when requested to do so. 3. Refusal to sign all appropriate consent forms. 4. Failure to enroll and complete drug or alcohol rehabilitation program in lieu of discipline as set forth in Section 7. 5. Failure to report, within five (5) days of a criminal drug statute conviction, for a violation occurring within the workplace The appropriate level of discipline will be determined on a case -by-case basis at the City’s discretion and may include treatment or rehabilitation under terms established by the City in consultation with a substance abuse professional. Section 6. 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. Apache Junction Personnel Rules 2023 70 Section 7. Rehabilitation Rehabilitation is the responsibility of the individual employee. An employee with a drug or alcohol abuse problem is encouraged to use whatever treatment or rehabilitative services are available under the employee’s health plan in effect at that time. The City may, at its option, suspend all or part of a disciplinary action for violation of this policy in return for the employee’s enrollment and participation in a drug or alcohol counseling or rehabilitation program for the purpose of enabling the employee to permanently cease the prohibited conduct. 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. 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. Section 8. Searches The City of Apache Junction reserves the right to search all areas and property it 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 9. 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. Apache Junction Personnel Rules 2023 71 Section 10. Employee Responsibilities A. Pursuant to the Federal Drug-Free Workplace Act of 1988, the City 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. 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 11. 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. Apache Junction Personnel Rules 2023 72 Supervisors must document, in writing, the facts constituting reasonable suspicion/cause for drug and/or alcohol testing or for violation of this policy. This documentation shall be submitted to Human Resources as justification for the test. 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. Section 12. Drug and Alcohol Testing Methodology Every reasonable effort will be made to obtain the most accurate drug or alcohol test results. The testing lab the City uses 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 to ensure that the testing is conducted in compliance with state and applicable federal procedures. The City is responsible for the cost of testing for random (as set forth in the CDL section), reasonable suspicion, post-accident and or/injury, post- triggering incident, post-job offer/pre-employment, employee transfer from non-safety to safety-sensitive position, and follow-up testing. 1. Drug Testing Drug testing will be performed through urinalysis, blood or oral fluids. Each drug test result will be analyzed in a Substance Abuse and Mental Health Services Administration (SAMHSA) certified laboratory and will be reviewed by a certified Medical Review Officer (MRO) prior to being reported to the City. Professionally accepted chain of custody procedures will govern the administration of all drug tests, subject to the oversight of a certified MRO. All test results will be reported to the Human Resources Director or designee. 2. Alcohol Testing Referrals for alcohol use include a breath or blood alcohol (ethanol) test. The City’s designee will conduct a screening test for alcohol use by using either an evidentiary breath‐testing device (EBT) or a non‐evidential screening device approved by the National Highway Traffic Safety Administration. Results will be reported to City’s Human Resources. Apache Junction Personnel Rules 2023 73 Failure to provide adequate breath for alcohol testing without a valid medical explanation will constitute a refusal to submit to alcohol or controlled substances test. Section 13. Test Results All drug, controlled substance and alcohol screening results shall be the private and confidential property of the City and will not be shared with anyone except: a. The candidate or employee. b. Supervisory staff with a demonstrated need to know such information. c. As required by law, expressly authorized by the United States Department of Transportation (USDOT) rules. d. To legally protect the City. Human Resources will notify an employee of the results of random, reasonable suspicion, and post‐accident test results verified as positive for alcohol, drug, or controlled substances, and identify for the employee the drug, controlled substance or alcohol that was detected and verified. Section 14. Commercial Driver's License Holders All employees required, as a condition of their city employment, to have a valid CDL shall comply with the USDOT rules for drug and alcohol testing of drivers with CDLs. The City uses a third-party vendor to randomly select a number of drivers each calendar year for drug and alcohol testing at an annual percentage rate determined by the Federal Motor Carriers Safety Association (FMCSA). The random selection system provides an equal chance for each driver to be selected each time random selection occu rs. Random testing will be unannounced, will be performed at the time the driver reports to work, during the workday, or at the end of the workday, and will be reasonably spread throughout the year. All employees required to hold a CDL as part of their jo b with the City must always be immediately available to perform any safety sensitive function and must comply with these rules at all times while on duty. If the employee engages in conduct that does not lead to a collection as soon as possible after notification, such conduct may be considered a refusal to test in which appropriate disciplinary action will be taken up to and including termination. Apache Junction Personnel Rules 2023 74 Rule 12. Policy against Discrimination Section 1. Policy Statement The City does not tolerate any form of discrimination based upon race, gender (including gender identity, sexual orientation and preference, or pregnancy), national origin, religion, age, color, disability, genetic information; or sexual harassment, and status of a veteran. A. Discrimination Unfair treatment because of race, color, religion, gender (including gender identity, sexual orientation and preference, or pregnancy), national origin, age (40 or older), disability or genetic information, and status as a veteran. Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, gender (including gender identity, sexual orientation and preference, or pregnancy), national origin, age (40 or older), disability or genetic information, and status as a veteran. Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability. Retaliation because the employee complained about job discrimination or assisted with a job discrimination investigation or lawsuit. B. Sexual Harassment Sexual Harassment is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual or otherwise offensive nature, especially where: 1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or 2. Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or 3. 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. Apache Junction Personnel Rules 2023 75 C. Education The Human Resources Director is responsible for coordinating training on the topic of discrimination and sexual harassment; attendance at this training is mandatory for all employees. In addition, all employees shall be notified of the existence of these rules. D. Implementation Both managers and employees are responsible for creating an atmosphere free of discrimination, and managers and supervisors are responsible for taking immediate and appropriate corrective action in response to any allegation of a violation of these rules, in addition to respecting the rights and sensitivities of their co-workers. The Human Resources Director and department directors are responsible for taking immediate and appropriate corrective action in response to any confirmed violation of these rules and for assuring that no reprisals are taken against complainants, witnesses, or perpetrators. The Human Resources Department is responsible for monitoring the application of these rules, providing advice, and responding to any questions, which may arise from these rules. 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; Apache Junction Personnel Rules 2023 76 o The employee is uncomfortable reporting the problem to his/her immediate Supervisor, division director, or Department Director, OR; o The source of the harassment is an individual appointed by the City Council (including, but not limited to, the City Attorney, City Manager, or City Magistrate). - Report the problem to the City Manager if: o The Assistant City Manager or Human Resources Director is the source of the alleged discrimination/harassment. When advised of the discrimination/harassment the following will: Immediate Supervisor: - Promptly notify his/her Department Director. Department Director: - Promptly notify the Human Resources Director. Human Resources Director: - Begin an assessment into the complaint and determine the course of action. - If the discriminator/harasser is an individual appointed by the City Council advise the Mayor and City Council that a discrimination/harassment complaint has been filed. Section 3. Investigation Procedure Human Resources staff coordinates the investigation process and advises the Department Director regarding his/her level of involvement in the process and of the progress of the investigation. The department shall work with Human Resources staff to obtain and evaluate all relevant evidence with respect to what has occurred. Human Resources staff makes a recommendation to the Department Director regarding the resolution of the complaint. Human Resources staff notifies the complainant and the alleged violator of the findings. With the advice of the Human Resources Director, the Department Director implements specific remedial, and/or disciplinary actions. Apache Junction Personnel Rules 2023 77 Section 4. Discipline Violations of these rules may be cause for the full range of disciplinary action, up to and including termination. The type of discipline and/or remedial action to which an employee is subject for discriminating against or harassing another employee is dependent on the circumstances of the situation. Career status employees subject to disciplinary and/or remedial action as a result of a finding of discrimination or sexual harassment shall be afforded due process rights through the grievance or appeal procedures, whichever is applicable to the level of discipline imposed. (See Rule 16. Discipline). Section 5. Reprisals Prohibited No reprisal/retaliation of any kind by any employee or manager shall be taken against an employee who asserted a complaint, the alleged perpetrator or against any witness. Any such reprisal/retaliation taken by an employee will subject him/her to disciplinary action up to and including termination. Apache Junction Personnel Rules 2023 78 Rule 13. Policy against Violence in the Workplace Section 1. Policy Statement The City 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 Workplace 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. Apache Junction Personnel Rules 2023 79 Rule 14. Fraternization Policy Section 1. General Information The City’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. Section 2. Policy Employees holding supervisory roles shall not pursue or be in a romantic relationship or have a close personal relationship with any employee who may report, either directly or indirectly, to them. In addition, employees in a supervisory capacity are required to maintain a professional relationship with any employee for whom they supervise, give work direction or assignments, give discipline, review performance, or recommend promotions or raises. Section 3. Reporting Requirements In the event a workplace romance develops between employees in positions where one is in a supervisory chain of the other, either directly or indirectly, it is the responsibility of both parties to, either separately or together, bring the fact of the relationship to the attention of their supervisor and/or department director AND to the Human Resources Director. The Human Resources Director will determine the arrangements to further the best interests of both the city and the employees involved. However, if within three (3) months, one (1) of the employees has not transferred or been appointed to a vacant position for which he/she meets the minimum qualifications of the position, the city will separate the least senior employee from employment. The position transferred or appointed to must be outside the direct or indirect supervisory chain of employees involved and cannot result in a promotion. Seniority is determined by time in current title calculated from most recent appointment to the title. Apache Junction Personnel Rules 2023 80 Rule 15. Political Activities Section 1. Purpose To establish a policy governing the political activity of City employees. Section 2. Policy Statement City employees have the right to vote as they choose and to entertain and express personal opinions about political candidates. However, employees must refrain from political activity while on duty or at public expense. Section 3. City Council Elections To avoid undue influence of City employees on the outcome of City Council elections and to avoid undue influence of City Council members or candidates for City Council on City employees, the following apply: A. Prohibitions and Restrictions 1. No employee of the City may be a candidate for nomination or election to the City Council. 2. While on City time, employees may not circulate petitions for City Council. 3.While on City time, employees may not contribute directly, or through an employee organization or association to a campaign or solicit or receive contributions for a City Council candidate. 4. No employee or organization or association, while on City time, may publicly endorse or actively support candidates for the City Council or any political organization or association organized to support candidates for the City Council. 5. While on City time, employees may not wear City Council campaign buttons or distribute campaign literature at work or in a City uniform or in City offices, vehicles, or buildings. 6. No employee shall use any political endorsement in connection with any appointment to a position in City service. 7. No employee shall use or promise to use any official authority or influence for the purpose of influencing the vote or political action of any person for any consideration. Apache Junction Personnel Rules 2023 81 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. 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. Apache Junction Personnel Rules 2023 82 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. Apache Junction Personnel Rules 2023 83 Section 7. Protection of Civil Liberties Nothing contained in these policies shall be construed as denying any city employee their civil or political liberties as guaranteed by the United States and Arizona Constitutions. Apache Junction Personnel Rules 2023 84 Rule 16. Discipline Section 1. Disciplinary Actions Disciplinary actions may include informal and formal counseling (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 shall consult with the Human Resources department regarding the discipline to be imposed. The department director may delegate the authority to impose informal and formal counseling 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 records 2. Insubordination 3. Lying to supervisors or falsifying records with respect to official duties. 4. Absenteeism 5. Tardiness 6. Conviction of a crime, which impacts the employee's ability to perform the duties and responsibilities of the job. 7. Inefficiency, incompetence, or negligence in the performance of assigned duties. 8. Prohibited political activities. 9. Discrimination on the part of an employee against any employee on the basis of race, color, gender, sexual orientation and preference, age, physical disability, place of national origin, political or religious affiliation , or veteran status. 10. Retaliation against a person who has made a complaint or given information regarding possible violations of this policy. 11. Any action, on or off the job, tending to bring discredit to the City service. 12. Refusal or failure to comply with the orders of an authorized supervisor or refusing or failing to do assigned work. 13. 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. 14. Threatening, fighting with, intimidating, coercing, or abusing other employees or officials of the City or provoking such actions by others. Apache Junction Personnel Rules 2023 85 15. Divulging confidential information from privileged official records to unauthorized persons. 16. Failure to observe departmental regulations. 17. Unauthorized absence from duty. 18. Abuse of sick leave, including use under false pretenses. 19. Failure to maintain satisfactory working relationships with other employees or the public. 20. Failure to observe safety regulations, including failure to report an accident or injury occurring on the job in a timely manner. 21. Discourteous, rude or threatening conduct or offensive and abusive language toward the public or other employees. 22. Unauthorized performance of work by nonexempt employee outside of established work schedules. 23. Unauthorized operation or use of any vehicles, machines, or equipment of the City. 24. Carelessness in the performance of duties. 25. Intentionally or maliciously supplying false information or making false claims with intent to improperly affect official decisions or bring discredit to other employees. 26. Removal of City equipment, material, supplies, etc., without the approval of the department director or City Manager. 27. Use of clothing provided by the City for other than official City duties. 28. Engaging in any sexual activity while on duty. 29. Sleeping on the job without authorization. 30. Violation of any section of the Personnel Rules, or any department policy, procedure, rule or regulation. Section 3. Written Reprimands A pre-disciplinary meeting is not required when issuing a written reprimand to the employee. Written reprimands shall: 1. 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 2. Indicate a copy is to be sent to the Human Resources Department 3. Contain a notice that the employee may file a grievance on the written reprimand in accordance with Rule 17, Grievance and Appeal Procedures. Apache Junction Personnel Rules 2023 86 Section 4. Pre-Disciplinary Meeting Pre-disciplinary meetings are not required for: Informal counseling (verbal warnings); Formal counseling (written warnings); or, Written reprimands Pre-disciplinary meetings are required prior to: Suspension; Demotion; or, Other forms of discipline The pre-disciplinary meeting shall include the employee and may include the Human Resources Director or designee and/or legal counsel for the City. The employee facing discipline shall be afforded a pre-disciplinary meeting; the notification of the pre-disciplinary meeting shall be in writing and consist of the following: a) That discipline is contemplated; up to and including termination or the type of discipline contemplated; b) The violation of one or more of the causes for discipline , general examples are set forth in Rule 16, Discipline; c) The specific conduct or omission committed by the employee which the department director believes is a violation; 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 purpose of the meeting, which is: 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 present his/her account of the alleged events 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 an adequate opportunity to prepare a reply. Two (2) full business days is considered reasonable and under no circumstances shall the pre-disciplinary meeting be less than two (2) full business days from the time the employee receives the meeting notice. Initial notice of pre-disciplinary meeting may be delivered via email if email address is confirmed, or personal delivery, and if neither is possible notice may be sent by United States Postal Service addressed to the last address of record for the employee, and with the first-class postage affixed. If service of Apache Junction Personnel Rules 2023 87 notice is by mail, 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 shall 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 detailed as founded/unfounded or sustained/not sustained counts. These charges shall be those listed in the initial notice o f disciplinary action, except for counts that may have been added or deleted as a result of the pre- disciplinary meeting. Substantial amendment or additional counts may be Apache Junction Personnel Rules 2023 88 made only by repeating the procedure detailed in Section 4, Pre- disciplinary Meeting. c) A reference to the opportunity afforded the employee to tell his or her side of the story in accordance with Section 4, Pre-disciplinary meeting. d) An indication that the material presented has been considered by the city 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, with a copy attached with the notice. 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. Apache Junction Personnel Rules 2023 89 Rule 17. Grievance and Appeal Procedures Section 1. Purpose of Grievance and Appeal Procedures The purpose of the grievance and appeal procedures is to provide career status employees, aggrieved about a situation affecting the conditions of their employment, with a method for the resolution of the matter without discrimination, coercion, restraint, or reprisal against the employee during the process. Any contention that the City has failed to comply with any obligation it has made to an employee through its ordinances, policies, or any other written commitment must be raised pursuant to these grievance and appeal procedures, and these procedures provide the exclusive remedy for any such claim. 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 City Manager (CM) Appeal to Hearing Officer Verbal Warning Informal and Formal Counseling Written Reprimand X Overall unsatisfactory Performance rating X Suspension: 4 days or less X Misinterpretation or misapplication of the Personnel Rules or administrative procedures X X (if grievance does not resolve the complaint) X (if appeal to CM does not resolve the complaint) Adverse action to the employee, based on unlawful discrimination because of race, color, creed, national origin, sex, age, political affiliation, or disability and X X (if grievance does not resolve the complaint) X (if appeal to CM does not resolve the complaint) Apache Junction Personnel Rules 2023 90 other than suspension, demotion, or dismissal Suspension of more than four (4) days, demotion, or dismissal on any grounds, including alleged unlawful discrimination X X (if grievance does not resolve the complaint) X (if appeal to CM does not resolve the complaint) Disposition of a sexual harassment complaint did not result in stopping the prohibited behavior X X (if appeal to CM does not resolve the complaint) 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 informal or formal counseling (verbal or written warnings) D. Supervisory or management style Section 4. Grievance Procedure Grievances shall be presented according to the following procedure: An employee may begin a grievance at the level in which the discipline was administered. A copy of the grievance and the responses shall remain with the grievance at all steps in the process. At no time in the process should additional material be added to the grievance. 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: Filing 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. Apache Junction Personnel Rules 2023 91 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 re sponse was due. 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 administratively appealable further unless formal appeal procedures are an available remedy under this rule. Section 5. Time Computation The computation of the calendar days shall be as follows for the date of notice of the action: A. If written action: -date of the delivery of a notice if handed to the grievant or -the date of mailing of the notice if sent by U.S. mail. (If the notice is mailed, three (3) calendar days shall be added to the time in which a response is due). B. If not a written action: -date of action shall be the date on which the aggrieved action occurred. Apache Junction Personnel Rules 2023 92 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. Section 6. Appeal Procedure Matters not specifically stated in this rule cannot be appealed. Appeals shall be presented according to the following: A. Time Computation: The computation of the calendar days shall be in accordance with Section 5 of this Rule. B. Form of Appeal: Every appeal shall be filed in writing and shall include the name and address of the employee appealing, the action which is the subject of the appeal, the reason for the appeal, a factual chronology of the action, the remedy sought, and a reference to the personnel rule which the action allegedly violates. The appeal shall have attached any written material pertaining to the matter appealed. C. Procedures for Filing an Appeal: Every appeal shall be filed within ten (10) calendar days from the date of notice of the action, which is the subject of the appeal. All appeals shall be addressed to the City Manager. The City Manager shall have ten (10) calendar days to respond to the appeal. If the employee is not satisfied with the City Manager’s decision, the employee has ten (10) calendar days from the date of response or the date a response was due, to file a Notice of Appeal for a hearing before a Hearing Officer. The Notice of appeal shall be in accordance with Section 6 (B) of this rule and shall be filed in the Human Resources Department. Section 7. Time Extension Upon mutual consent of the parties a time extension for grievances and appeals may be authorized by the Human Resources Director. Such agreement shall be in writing, state the duration of the extension, and be signed by both parties. This agreement shall accompany the grievance at all future steps. Apache Junction Personnel Rules 2023 93 Rule 18. Rules for Hearings before a Hearing Officer Section 1. Hearing Officer The employee wishing an appeal for a hearing before a Hearing Officer, shall file an appeal to a Hearing Officer with the Human Resources Director. The Human Resources Director, in consultation with the City Attorney, shall retain a Hearing Officer or Officers who shall not be an employee(s) of the City. Section 2. Right of Appeal Any employee shall have the right to appeal actions to the Hearing Officer pursuant to the City’s personnel rules. The Hearing Officer shall determine if the appeal is allowed under the personnel rules and shall not consider appeals not covered by these rules. The Hearing Officer shall dismiss such appeals upon motion by a party to the appeal or by his or her own authority. Section 3. Time of Hearing Upon receipt of Notice of Appeal, the Human Resources Director shall contact the Hearing Officer who shall schedule a time for the hearing. The hearing shall be set for not less than sixty (60) calendar days from receipt of the Notice of Appeal by the Human Resources Director of the employee's appeal to the Hearing Officer. The Hearing Officer shall provide the parties to the appeal with written notification of the date, time, and place of hearing. Section 4. Pre-Hearing Statements Upon receipt of the appeal the Hearing Officer shall give each party a pre- hearing statement form to be completed. The pre-hearing statement shall include the following: a) The names, addresses, and phone numbers of all parties to the appeal. b) The names, addresses, and phone numbers of legal counsel or representatives for the parties. c) A list of witnesses, including addresses and phone numbers, and brief summaries of their testimony contemplated. d) A description of the exhibits to be used at hearing. Apache Junction Personnel Rules 2023 94 The pre-hearing statement shall be filed directly with the Hearing Officer within twenty (20) calendar days of receipt by the parties of the pre-hearing statement. Each party to the appeal shall provide the opposing party with a copy of the pre-hearing statement and copies of exhibits to be used within twenty (20) calendar days of the receipt of the pre-hearing statement. Each party is responsible for keeping the Hearing Officer and the opposing party updated on additional witnesses and exhibits through the use of an amended pre - hearing statement. The party amending the pre-hearing statement shall submit one copy to the Hearing Officer and shall provide the opposing party with a copy of the amended statement and a copy of additional exhibits, if any. Under no circumstances shall witnesses or exhibits be added within twenty (20) calendar days of the hearing. No witness testimony or exhibits shall be admissible if not identified by the parties twenty (20) calendar days prior to hearing. Section 5. Pre-Hearing Conference After acceptance of an appeal and designation of representatives, the Hearing Officer may, at the request of the parties or on their own initiative, schedule a pre-hearing conference at a time convenient to all parties. At the pre-hearing conference the Hearing Officer may request exhibits, define the issues, and accept stipulations of the parties. The Hearing Officer may rule on the admissibility of exhibits and witnesses and may reject irrelevant or cumulative exhibits and disapprove witnesses whose testimony is irrelevant or cumulative. Section 6. Subpoenas Pursuant to Title 12, Article 13, Chapter 2, A.R.S. 12 -2212, as amended, the Hearing Officer may issue subpoenas, compel attendance of witnesses and production of evidence, administer oaths, and cause depositions to be taken. Any subpoena shall be issued in the same manner as provided for issuance of subpoenas in the Superior Court of Arizona. Any party or witness, or a representative thereof may, within five (5) calendar days after service of the subpoena, file a motion to quash or modify the subpoena if it is unreasonable and oppressive; or move the Hearing Officer to condition denial of the motion upon the advancement by the person in whose Apache Junction Personnel Rules 2023 95 behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible items. 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 electronic audio or videotape. The original recording, or certified transcript shall be a part of the record of any appeal. Apache Junction Personnel Rules 2023 96 Each party shall have these rights: • to be represented by legal counsel or other person of choice; and • to call and examine witnesses; and • to introduce evidence; and • to cross-examine opposing witnesses on any matter relevant to the issues; and • to impeach any witness regardless of which party first called for testimony; and • to rebut the evidence. If the respondent does not testify on his/her behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. Hearings involving disciplinary actions shall proceed in the following order, unless the Hearing Officer directs otherwise: 1. The party imposing discipline shall be permitted to make an opening statement. 2. The appealing party shall be permitted to make an opening statement. 3. The party imposing disciplinary action shall produce the evidence on his/her part. 4. The party appealing from such disciplinary action may then open for defense and offer evidence in support thereof. 5. The parties may then, in order, respectively offer rebutting evidence only, unless the Hearing Officer for good reason permits them to offer evidence upon their original case. 6. Oral or written arguments shall be permitted at the discretion of the Hearing Officer. 7. Both parties may present closing arguments. The Hearing Officer shall determine relevancy, weight, and reliability of testimony and evidence, and shall base findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. This hearing is not open to the public. 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. Apache Junction Personnel Rules 2023 97 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 “de novo”. The Hearing Officer shall render findings of fact, conclusions of law, and decision as soon after the conclusion of the hearing as possible, and in no event, later than thirty (30) working days after conducting the hearing unless otherwise stipulated by the parties. The Hearing Officer's decision shall set forth the findings as to each of the charges and the reasons, therefore. The Hearing Officer shall provide the decision in writing to the Human Resources Director, the City’s counsel, and the employee and his or her counsel, and shall set forth all the findings of fact, conclusions of law, and the final determination. The Human Resources Director shall provide a summary and/or copy of the decision to the Department Director, the City Attorney, the Assistant City Manager and the City Manager. The decision of the Hearing Officer shall be final and binding upon both the employee and the City, and therefore, not administratively appealable to any office or body of the City or to any other forum, unless otherwise allowed under Arizona law. Apache Junction Personnel Rules 2023 98 Rule 19. Separation other than Dismissal Section 1. Layoff When, in the judgment of the City Manager, it becomes necessary to reduce the number of employees in a specific job classification due to lack of work or funds, the City may lay off any employee holding such position by classification. The City Manager, in consultation with the Human Resources Director and the department director, shall determine the affected positions. The Human Resources Director shall oversee the layoff process and notification to the affected employees. An employee being laid off will receive a minimum notice of two (2) weeks. There are two (2) layoff units covered by these Rules: Municipal Court and all other City departments. In the event of a Reduction-in-Force (RIF), the layoff of employees shall follow the order below: A. Layoff by Type of Status - Non-career status employee before initial probationary status. - Initial probationary status before transitional probationary status. - 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 affect a promotion. The most recent classification plan accepted by the City Council and/or modified by the City Manager shall be used as a guide. Human Resources determines the classification series within the classification plan. Apache Junction Personnel Rules 2023 99 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 employee’s 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 To be considered “resignation in good standing” an employee shall submit a written resignation to their Department Director with a copy to Human Resources Director, at least two (2) weeks before leaving service. The resignation shall state the effective date and reasons for resignation. This time limit may be waived by the Human Resources Director and Department Director. Failure to give notice as noted above may result in disqualification for future employment with the City. An exit interview may be arranged with the Human Resources Director and/or his/her designee. Agenda Item Cover Sheet City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction, AZ 85119 File ID: 23-018 Agenda Item No. 11. Agenda Date: 2/21/2023 Sponsor: Tess Nesser In Control: City Council MeetingIndex: Direction to staff regarding Apache Junction City Code, Volume I, Section 2-11-2, relating to the number of Health and Human Services Commission members, and whether the level of funding for the 501(c)3 organizations should be increased. Page 1 City of Apache Junction, Arizona Printed on 6/17/2026 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE: December 6, 2021 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: BOARD AND COMMISSION CODE SECTION AMENDMENTS; OUR FILE NO. 21-027 On November 2, 2021 (Item #12), the council directed staff with a 7:0 vote to increase the health and human services commission membership from five to seven members starting in October 2022. The council also voted 6:1 to direct staff to amend multiple board and commission sections of the city code so that in situations where the quorum is in danger of not being met, the council will fill the vacancies immediately using the then-current talent bank applications and will not wait until the annual October appointment cycle. As directed, I have included in the packet redline and clean copies of the proposed amendments as reflected in Ordinance Nos. 1519 and 1520 and Resolution No. 21-53 . Ordinance No. 1519 amends in its entirety Apache Junction City Code, Vol. I, Article 2-11 since the direction to staff instruction affected multiple sections of the health and human services commission article, some of which were also clerical as well as general clean-up (i.e.: the definition of “zone of influence” under § 2-11-2 (C)). Ordinance No. 1520 and Resolution No. 21-53 relate to the quorum preservation direction in all other boards and commission city code provisions. Because each board and commission are under different provisions, the amendments will be fairly lengthy and will be quite expensive to publish after anticipated passage. Consequently, to avoid the publication cost of a larger ordinance, it is recommended the shorter ordinance version adopting the amendments by reference and the resolution declaring the amended provisions a public record be used. The actual amendments are contained in a separate document that will not have to be published with the ordinance. There are also some clerical changes being made within these sections and are reflected in the redline version. _____________ R. Joel Stern City Attorney ORDINANCE NO. 1519 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 2 : MAYOR, COUNCIL, AND APPOINTED BOARDS AND COMMISSIONS, ARTICLE 2-11 : HEALTH AND HUMAN SERVICES COMMISSION; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Chapter 2, Article 2-11 : Health and Human Services Commission of the Apache Junction City Code ("A. J.C.C. ") , Volume I was last updated by Ordinance No. 1328 on October 27, 2008; and WHEREAS, on November .1, 2021, the council discussed increasing the membership from five to seven members and whether vacancies should be filled before the quorum level is compromised any time before the annual October appointment cycle; and WHEREAS, on November 2, 2021, the council directed staff to make the above changes to the health and human services code provisions; and WHEREAS, other minor clerical changes are needed to facilitate the above-noted changes . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1) Existing Apache Junction City Code, Volume I, Chapter 2 : Mayor, Council, and Appointed Boards and Commissions, Article 2- 11: Health and Human Services Commission, is hereby repealed and replaced in its entirety, as follows: ARTICLE 2-11 : HEALTH AND HUMAN SERVICES COMMISSION Section 2-11-1 Creation 2-11-2 Membership and terms of office 2-11-3 Compensation and expenses 2-11-4 Officers 2-11-5 Duties 2-11-6 Meetings 2-11-7 Vacancies 2-11-8 Removal of members 2-11-1 CREATION. (A) The health and human services commission of the City of Apache Junction, Arizona, is hereby created. ORDINANCE NO. 1519 PAGE 1 OF 4 (B) Staff responsibilities shall be assigned through the city manager' s office. § 2-11-2 MEMBERSHIP AND TERMS OF OFFICE. (A) Effective November 1, 2022, the health and human services commission shall consist of seven (7) members instead of five (5) who shall be appointed and approved by the council. (B) (1) The appointments to this commission shall be for terms of 3 years each, with the terms of members so staggered that the terms of no more than 3 members shall expire in any given year. (2) Upon expiration of the term of office, all new appointments shall be made by the council for full 3-year terms and all such terms shall expire on October 31st of succeeding years, except that in the event of the membership complement falling below the required quorum level set forth in § 2-11-6 (C) , the membership vacancies shall be filled by the council for the balance of the unexpired terms any time before the annual October appointment cycle using the then-existing talent bank applications. (C) At least 4 of the 7 members shall be residents of the city, with no more than 3 being non-residents from within the "zone of influence", which means areas outside the city limits in Pinal County that the council deems having a cultural, social and economic impact on the city. (D) No individual shall be appointed to the commission if the individual has received funding from the city either as an individual, or if such person has served on the board of any agency or been the employee of any agency that has received funding from the city at any time during the preceding 12 months . (E) No former member of the health and human services commission shall make application to the city for funding as an individual or as the employee or representative of any agency within 12 months after they have ceased to be a member of the commission. § 2-11-3 COMPENSATION AND EXPENSES. The members of the health and human services commission shall receive no salaries or other remuneration for their services as members of the commission and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent, purposes and amount such expense is first authorized and approved in advance by the city manager or his or her designee. § 2-11-4 OFFICERS. The commission shall elect a chairperson and vice chairperson from among its members to serve for a period of 1 year. The vice chairperson shall preside at commission meetings in the absence of the chairperson. ORDINANCE NO. 1519 PAGE 2 OF 4 § 2-11-5 DUTIES. The health and human services commission is hereby charged with the following duties: (A) conduct public hearings to determine the needs of city residents with regard to public health provision of human services and care of the elderly, and disabled; (B) enhance the development of the public health through public forums, seminars and work with other agencies; (C) review requests submitted by health and human service providers (non-profit agencies) for city funding and to make recommendations to the council regarding that funding; (D) assist in the development of health care facilities; (E) make recommendations to the council regarding elderly health care and emergency transportation programs . § 2-11-6 MEETINGS. (A) The city clerk shall establish a regular meeting date schedule for the commission. (B) Special meetings may be called by the chairperson. (C) A quorum shall consist of 4 members for the transaction of all business . § 2-11-7 VACANCIES. Vacancies shall be filled in accordance with the provisions of § 2-11-2 . § 2-11-8 REMOVAL OF MEMBERS . (A) Members of the commission serve at the pleasure of the council and may be removed from office by the majority of the council. (B) A member of the commission shall not be absent from more than 3 consecutive meetings without notification to staff of the reason for such absence before each meeting. (C) If the three consecutive absences occur without the required notification to staff, the remaining members of the commission shall vote to recommend to the council whether the absentee member should be removed from the commission. 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 codes 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 codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent ORDINANCE NO. 1519 PAGE 3 OF 4 jurisdiction, such decision shall not affect the validity of the remaining portions thereof. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF �Lm b�P. 2021 . SIGNED AND ATTESTED TO THIS DAY OF 1p C&,,b, 2021 . WALTER "CHIP" WILSON Mayor ATTEST: Al'-' J 4EPENA t APPROVED AS TO FORM: !2- 7-21 RICHARD J. STERN City Attorney ORDINANCE NO. 1519 PAGE 4 OF 4 Term Exp / 1st Apptd Heather Moeller 10/31/2025 First Appointed 10/18/2022 Resident Michelle Kinner 10/31/2023 First Appointed 11/01/2020 Non-Resident within 5 mi Judy Borey 10/31/2023 First appointed 10/3/2017 Resident Dr. Michael Brennan 10/31/2024 First Appointed 11/1/2021 Non-Resident within 5 mi Jeff Danford 10/31/2025 First Appointed 10/18/2022 Resident Jeffrey Mitchell 10/31/2024 First Appointed 11/01/2021 Resident