HomeMy WebLinkAboutORD12ORDINANCE NO.12
AN ORDINANCE OF THE CITY OF APACHE JUNCTION RELATING TO
ADMINISTRATION, REPEALING CHAPTER THREE OF THE APACHE JUNCTION
CITY CODE AND ADDING SECTIONS 3-1-1 THROUGH 3-11-1
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS:
CHAPTER 3 ADMINISTRATION
Article 3-1 CITY MANAGER
3-1-1 Definitions
3-1-2 Office of City Manager Created
3-1-3 Residence
3-1-4 Eligibility
3-1-5 Bond
3-1-6 Acting City Manager
3-1-7 Compensation
3-1-8 Power and Duties
3-1-9 Internal Relations
3-1-10 Removal Procedure
3-1-11 Agreements on Employment
Section 3-1-1 Definitions
A.Manager.Whenever the word "manager" is used, it shall be
construed to mean the City Manager of the City of Apache
Junction, Arizona.
B.Ratification.Whenever "ratification" by the council is
required under this chapter, it shall be effected only by a
majority vote of the seven member City Council, as then
constituted, convened in a regular or special council
meeting.
Section 3-1-2 Office of City Manager Created
The office of the City Manager of the City of Apache Junction is
hereby created and established.the Manager shall be appointed
by the Council wholly on the basis of his administrative and
executive ability and qualifications and shall hold office for
and at the pleasure of the Council.
Section 3-1-3 Residence
Residence in the City at the time of appointment of a Manager
shall not be reqquired as a condition of the appointment, but
_ •within 120 days after reporting for work the Manager must become
a resident of the City unless the Council approves his residence
outside the City.
Section 3-1-4 Elgibility
No member of the Council shall be eligible for appointment as
Manager until one year has elapsed after such Council member
shall have ceased to be a member of the Council.
Section 3-1-5 Bond
The Manager shall furnish a corporate surety bond to be approved
by the Council in such sum as may be determined by the said
Council, and shall be conditioned upon the faithful performance
of the duties imposed upon the Manager as herein described.Any
premium for such bond shall be a proper charge against the City.
Section 3-1-6 Acting City Manager
In the event of the absence or disability of the Manager, his
powers and duties shall devolve upon the following officers of
the City and they are so appointed in the following order as each
succeeding officer may be absent or disabled:
1.Director of Public Safety
2.Director of Public Works
3.Director of Administrative Services
Section 3-1-7 Compensation
A.The Manager shall receive such compensation as the Council
shall from time to time determine.In addition, the Manager
shall be reimbursed for all actual and necessary expenses
incurred by him in the performance of his official duties.
B.On termination of employment of the Manager by reason of
involuntary removal from service other than for willful
misconduct in office, the Manager shall receive cash
severance pay in a lump sum equal to one month's pay for
every year of continuous service or fraction thereof as
Manager, up to a total of two months' pay, such pay to be
computed at the salary received by the Manager for the
preceding two months during his service with the City.
Section 3-1-8 Powers and Duties
The Manager shall be the administrative head of the government of
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the City under the direction and control of the Council.He
shall be responsible for the administration of all affairs of the
City which are under his control.In addition to his general
powers as administrative head, it shall be his duty and he shall
have the powers set forth in the following subsections:
A.Law Enforcement.It shall be the duty of the Manager to see
that all laws and ordinances of the City, and that all
franchises, contracts, permits and privileges granted by the
Council are faithfully observed and to report any failure in
that regard to the Council, which shall give such instruction
and direction as it may desire for remedial, corrective, or
terminating action by the Manager.
B.Authority Over Employees.It shall be the duty of the
Manager, and he shall have the sole authority to control,
order and give directions to all heads of departments and to
subordinate officers and employees of the City under his
jurisdiction through their department heads.
C.Power of Appointment and Removal.Subject to the exceptions
expressly provided by this chapter, it shall be the duty of
the Manager to, and he shall appoint, remove, promote and
demote any and all officers and employees of the City, except
Magistrate, City Attorney, and members of the Boards, and
Commissions and Committees, all of whom shall be appointed by
the Council.As to these officials he shall recommend
appointment and removal.All this shall be subject to all
applicable personnel ordinances, rules and regulations, and
statute of the State of Arizona.
D.Ordinances.It shall be the duty of the Manager to recommend
to the Council for adoption, such measures and ordinances as
he deems necessary.
E.Attendance at Council Meetings.It shall be the duty of the
Manager to attend all meetings of the Council unless he is
excused therefrom by the Mayor individually or by the Council,
except when his removal is under consideration.He shall
present definite recommendations relative to each item on the
agenda for approval, rejection or modification by the Council.
F.Financial Reports.It shall be the duty of the Manager to
keep the Council fully advised as to the needs of the City in
such form and at such times as requested by the Council.
G.Budget.It shall be the duty of the Manager to prepare and
submit the proposed annual budget and the proposed annual
salary plan to the Council for its approval.
H.Expenditure Control and Purchasing.It shall be the duty of
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the Manager to see that no indebtedness is incurred or
expenditure made in violation of the Arizona Constitution, the
State Budget Law, and Arizona Revised Statutes Section
42-303(d) in particular.
I.Investigations and Complaints.It shall be the duty of the
Manager to make investigations into the affairs of the City
and any department or division thereof, and any contract or
the proper performance of any obligations of the City and to
report all findings to the Council.Further, it shall be the
duty of the Manager to investigate all complaints in relation
to matters concerning the administration of the City
Government and in regard to the service maintained by public
utilities in said city and report all findings to the
Council.
Section 3-1-9 Internal Relations
A.Council -Manager Relations.The Council and its members shall
deal with the administrative services of the City only through
the Manager, except for the purpose of inquiry, and neither
the Council, nor any member thereof, shall give orders or
instructions to any employee or officer other than the
Manager.The Manager shall take his orders and instructions
from the Council only when promulgated at a duly convened
meeting of the Council, and no individual Councilman shall
give any orders or instructions to the Manager except for
purpose of inquiry.
B.Attendance at Commission Meetings.The Manager may attend any
and all meetings of all commissions, boards or committees
created by the Council, upon his own volition or upon
direction of the Council.At such meetings which the Manager
attends, he shall be heard by such commissions, boards or
committees as to all matters upon which he wishes to address
the members thereof, and he shall inform said members as to
the status of any matter being considered by the Council, and
he shall cooperate to the fullest extent with the members of
all commissions, boards or committees appointed by the
Council.
Section 3-1-10 Removal Procedure
A.Removal of City Manager.The removal of the Manager shall be
effected only by a majority vote of the seven member
council,convened in a regular Council meeting or special
council meeting called for that purpose, subject, however, to
the provisions of the next succeeding subsections.In case of
his intended removal by the Council, the Manager shall be
furnished with a written notice stating the Council's
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intention to remove him at least thirty days before the
effective date of his removal.If the Manager so requests,
the Council shall provide in writing detailed reasons for the
intended removal, which shall be provided the Manager within
seven days after the receipt of such request from the Manager,
and at least fifteen days prior to the effective date of such
removal.
B.Hearing.Within seven days after the delivery to the Manager
of such notice of intention to remove, he may, by written
notification to the City Clerk, request a hearing before the
Council.Thereafter, the Council shall fix a time for the
hearing which shall be held at its usual place, but before the
expiration of the thirty day period, at which the Manager
shall appear and be heard, with or without counsel.
C.Suspension Pending Hearing.After furnishing the Manager with
written notice of intended removal, the Council may suspend
him from duty, but his compensation shall continue until his
removal by action of the Council passed subsequent to the
aforesaid hearing.
D.Discretion of Council.In removing the Manager, the Council
shall act at its discretion and its action shall be final and
shall not depend upon any particular showing or degree of
proof at the hearing.
E.Limitation on Removal.Notwithstanding the provisions of
Section 3-1-10 hereinabove set forth, the Manager shall not be
removed from office, other than for misconduct in office,
during or within a period of ninety (90) days next succeeding
any general municipal election held in the City at which
election a member of the Council is elected or when a new
Councilman is appointed; the purpose of this provision is to
require any newly elected or appointed member of the Council
or a reorganized Council to observe the actions and ability of
the Manager in the actual performance of the powers and duties
of his office.
F.Resignation of Manager.The Manager shall provide the Council
a minimum of forty-five (45) days written notice of intention
to resign his position.The Manager shall assist the Council
in the recruitment and selection of a replacement if requested
by the Council.In the event of resignation due to health
reasons, the period of written notice shall be determined in
conference between the Manager and the Council.
Section 3-1-11 Agreements on Employment.
Nothing in this article shall be construed as a limitation on the
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power or authority of the Council to enter into any supplemental
agreement with the Manager delineating additional terms and
conditions of employment not inconsistent with any provisions of
this article or of State statutes.
Article 3-2 OFFICE OF CITY CLERK
3-2-1 Office Established
3-2-2 Bond
3-2-3 Duties
3-2-4 Vacancies
3-2-5 Subordinate Positions Within Office of City
Clerk
Section 3-2-1 Office Established
The office of the City Clerk of the City of Apache Junction is
hereby created and established.The City Clerk shall be
appointed and removed by the City Manager subject to ratification
of the Council.It shall be the duty of the City Clerk to attend
all meetings of the Council unless at his request he is excused
therefrom by the Mayor individually or by the Council, and shall
be responsible for recording the minutes and presenting them to
the Council for approval.Ratification of the appointment or
removal of the City Clerk by the Council shall be construed as
compliance with the provisions of ARS Section 9-202.
Section 3-2-2 Bond
Before entering upon his duties of office, the City Clerk shall
execute a bond in such amount as is provided by statute,
conditioned upon the faithful performance of his duties.
Section 3-2-3 Duties
A.Signatures.The City Clerk shall seal and attest all
contracts of the City and all licenses, permits and such other
documents as shall require the formality.
B.Money Collected.The Clerk shall turn over all money received
by him on behalf of the City to the City finance officer
promptly upon receipt of the same; and with such money he
shall give a statement as to the source thereof.
C.Accounts.The Clerk shall keep accounts showing all money
received by him and the source and disposition thereof; and
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such other accounts as may be required by statute or
ordinance.It shall be the duty of the Clerk to keep the City
Council fully advised as to the financial condition of the
City in such form and such things as requested by the City
Council.
D.Records.In addition to the record of ordinances and other
records which the Clerk is required by statute to keep, he
shall keep a register of all licenses and permits issued and
the payments thereon; a record showing all of the officers and
regular employees of the City; a record of all physical
properties of the City and the department or office to which
the respective properties are assigned; and such other records
as may be required by the Council.
E.Seal.The Clerk shall be the custodian of the City Seal
and shall affix its impression on documents whenever this is
required.
F.Documents.The Clerk shall be the custodian of all documents
belonging to the City which are not assigned to the custody of
some other officer.
G.Indices.The Clerk shall keep and maintain a proper index to
all documents and records kept by him, so that ready access
thereto and use thereof may be had.
H.Ex Officio Collector.The Clerk shall act as and perform all
the duties of collector unless and until a separate collector
is appointed.
I.Additional Duties.In addition to the duties herein provided
the Clerk shall perform such other duties and functions as may
be required by statute, or ordinance.
Section 3-2-4 Vacancies
In case the office of City Clerk shall become vacant for any
reason, the City Manager shall appoint a successor subject to
ratification of the Council.
Section 3-2-5 Subordinate Positions Within Office of City Clerk
A. There are hereby created within the office of the City Clerk
the positions of finance officer, bookkeeper and deputy tax
collector, and the employees holding said positions shall be
subject to the supervision and control of the City Clerk.
B. The finance officer and the deputy tax collector shall be
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appointed and removed by the City Clerk subject to the
provisions of Article 3-10 of this code.The finance
officer, bookkeeper and deputy tax collector shall have such
duties and responsibilities as are set forth in the job
description approved by the City Council in accordance with
Article 3-10 of this code.The bookkeeper shall be appointed
and removed upon the recommendation of the finance officer
subject to the ratification of the City Clerk and the
provisions of Article 3-9 of this code.
C. In addition, it shall be the duty of the deputy tax collector
to collect and receive all money due on special assessments
and special taxes that are not paid directly to the
treasurer, and to keep such records pertaining to such
collections as may be required by statute or ordinance.
D. The deputy tax collector shall make such reports regarding
delinquent special assessments as are required by statute,
and shall make a monthly report to the Council, showing what
money has been received and the source thereof.
E. The deputy tax collector shall also make an annual report,
during the last month of the fiscal year, showing all the
activities of his office.
Article 3-3 OFFICE OF DEPUTY CITY CLERK
A. The City Manager shall appoint a Deputy City Clerk who
shall have the power and duty to execute all documents
required by any law or ordinance to be executed by the
Clerk, and affix the seal of the City thereto whenever
required.
B. When signing any documents the deputy city clerk shall sign
the name of the City Clerk followed by the word "By" and the
deputy clerk's own name and the words "deputy clerk".
C. The powers and duties herein described shall be exercised by
such deputy clerk only in the absence of the City Clerk from
his office in the City Hall, and only when either written
direction has been given by the City Clerk to exercise such
power, or the Manager has determined by resolution that the
City Clerk is temporarily or permanently incapacitated to
perform such function.
D. Such deputy clerk shall have the authority and power herein
described, and such further power and authority as may be
provided by statute.
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ARTICLE 3-4 DEPARTMENT OF ADMINISTRATIVE SERVICES
Section 3-4-1 Department Established
There is hereby created the Department of Administrative
Services, an executive department of the City.It shall consist
of the Director of Administrative Services who shall be the head
of the department and all officers and employees assigned
thereto.All such officers and employees shall perform their
duties subject to the supervision of the director, who shall
operate soley under the guidance and director of and report
directly to the manager.The Director Administative Services
shall supervise his department in accordance with the applicable
personnel ordinance and Article 3-10 of this Ordinance and shall
exercise such powers and perform such duties as are customarily
conferred and required by applicable ordinances, resolutions or
lawful directive.The position of the Director of Administrative
Services is hereby declared as classified service and he/she
shall be appointed and removed by the manager; and shall serve
and and receive such compensation as shall be determined in
accordance with the applicable personnel ordinances.
Section 3-4-2 Division Within the Department
There are hereby created within the Department of
Administrative Services, the Divisions of General Administration,
Personnel Management, Budget and Planning and Records Management,
Division of Superintendents and Section Heads shall be appointed
and removed by the Director of Administrative Services subject to
the ratification of the Manager and provisions of Article 3-10 of
this Ordinance as it nonexists or may be hereafter amended.
Article 3-5 DEPARTMENT OF PUBLIC WORKS
3-5-1 Department Established
3-5-2 Divisions of Department
3-5-3 Powers and Duties
3-5-4 Division of Building Inspector
3-5-5 Division of Community Services
3-5-6 Assignment and Custody of Physical Properties
3-5-7 Advice and Assistance
Section 3-5-1 Department Established
There is hereby created the department of public works, an
executive department of the City.It shall consist of the
director of public works who shall be the head of the department
and all officers and employees assigned thereto.All such
officers and employees shall perform their duties subject to the
supervision of the director, who shall operate solely under the
guidance and direction of and report directly to the Manager.
The director of public works shall supervise his department in
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accordance with the applicable personnel ordinances and Article
3-10 of this code and shall exercise such powers and perform such
duties as are customarily conferred and required by this code,
applicable ordinance, resolution or lawful directive.The
position of the director of public works is hereby declared as
classified service and he shall be appointed and removed by the
Manager subject to ratification of the Council; and shall serve
and receive such compensation as shall be determined in
accordance with the applicable personnel ordinance.The director
of public works shall be superintendent of streets as required by
ARS Sections 9-601 through 9-714 inclusive and as authorized by
ARS 9-271B (3) (f), as amended.Ratification of the appointment
or removal of the director of public works by the Council shall
be construed as compliance with the provisions of ARS Section
9-271B (3), as amended.
Section 3-5-2 Divisions Within the Department
There are hereby created within the Department of Public Works,
divisions of engineering, public works operations,(having
subordinate thereto an airport section), building inspection and
community services.Division superintendents and section heads
shall be appointed and removed by the Director of Public Works
subject to the ratification of the Manager and provisions of
Article 3-10 of this Code as it now exists or may be hereafter
amended.
Section 3-5-3 Powers and Duties
In addition to those duties set forth in Section 3-5-4 and 3-5-5,
the department of public works shall have charge of and
supervision over the care, maintenance and construction of all
streets, sidewalks, alleys and public ways; the construction,
operation and maintenance of all storm water and sanitary sewers
and all street gutters, drains, drainageways, wastewater
treatment, airports, improvement districts, easements and the
appurtenances thereto; the care, maintenance and construction of
all public buildings, lands and parkways; the operation,
maintenance and construction of all other public works projects
and improvements within the jurisdiction of the City.
Section 3-5-4 Division of Building Inspection
There is hereby created the division of building inspection.It
shall consist of the superintendent of building inspection who
shall be head of the division and all officers and employees
assigned thereto.
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A.Duties.It shall be the duty of the superintendent of
building inspection to see the enforcement of all ordinance
and code provisions relating to buildings or zoning and to
inspect all buildings or structures being erected or altered,
as frequently as may be necessary to insure compliance.
B.Ex Officio Inspector.The superintendent of building
inspection shall act as ex officio building inspector and
shall have all the powers and perform all the duties
connected with that office and he shall enforce all
provisions of the uniform code, now existing or hereafter
amended.
C.Stop Order.The superintendent of building inspection
shall have the power to order all work stopped on
construction or alteration or repair of buildings in the City
when such work is being done in violation of any provision of
any code provision or ordinance relating thereto, or in
violation of the zoning ordinance.Work shall not be resumed
after the issuance of such an order except on the written
permission of the inspector, provided, that if the stop order
is an oral one, it shall be followed by a written stop order
within an hour.Such written stop order may be served by any
inspector.
D.Entry Powers.The superintendant of building inspection
shall have the power to make or cause to be made an entry
into any building or premises where the work of altering,
repairing or constructing any building or structure is going
on, for the purpose of making inspections, at any reasonable
hour.
E.Subordinate Positions Within the Division of
Building Inspection.
1.Office of Inspection.There is hereby created within
the Division of Building Inspection an Inspection Office
having subordinate thereto a Plans Check Section.
Office Heads and Section Heads shall be appointed and
removed by the Superintendent of Building Inspection
subject to the ratification of the Director of Public
Works and the provisions of Article 3-10 of this Code as
it now exists or may be hereafter amended.
2.Zoning Administrator.There is hereby created within
the Division of Building Inspection the Office of the
Zoning Administrator under the provisions of Arizona
Revised Statutes 9-271.b (3)(f) and (c).The Zoning
Administrator shall be the Superintendent of Building
Inspection and the Superintendent of Building Inspection
shall exercise all rights, powers, authority, duties and
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privileges conferred on the Zoning Administrator by
statutes, this Code, or by ordinance.
a.Powers and Duties
The Zoning Administrator shall be responsible for the
administration and enforcement of the provisions of the
Apache Junction Zoning Ordinance.In such capacity, the
Zoning Administrator shall:
(1)Receive, review and process development site plans
prepared in accordance with the provisions of the
Apache Junction Zoning Ordinance and the Apache
Junction Subdivision Regulations.Upon completion
of the necessary processing, the Zoning
Administrating shall submit the site plan to the
Executive Secretary of the Planning and Zoning
Commission for placement on the Commission Agenda.
(2)Receive, review and process amendments to the
Apache Junction Zoning Ordinance.Upon completion
of the necessary review and processing, the Zoning
Administrator shall submit the amendment and the
City recommendation to the Executive Secretary of
the Planning and Zoning Commission for placement on
the Commission Agenda.
(3)Receive, review and process petitions for a
Variance, Special Exception, Appeal or
Interpretation to be considered by the Board of
Adjustment.Upon completion of the necessary
processing, the Zoning Administrator shall submit
the petition for a Variance, Special Exception,
Appeal or Interpretation with the City's
recommendation to the Executive Secretary of the
Board of Adjustment for placement on the Board
Agenda.
Section 3-5-5 Division of Community Services
There is hereby created the Division of Community Services.It
shall consist of the Superintendent of Community Services who
shall be the head of the division and all officers and employees
assigned thereto.All such officers and employees shall perform
their duties subject to the supervision of the Superintendent who
shall operate solely under the guidance and direction of and
report directly to the Director of Public Works.The
Superintendent of Community services shall supervise his
department in accordance with the applicable personnel ordinances
and shall exercise such powers and perform such duties as are
required by this code, applicable ordinances, resolutions or
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lawful directives.
A.Subordinate Positions Within the Division.There are
hereby created within the Division of Community Services the
offices of recreation, Community Center, and parks and
recreation development; and other such offices as the
Superintendent deems appropriate for the efficient and
expeditious operation of the division.Office Heads shall be
appointed and removed by the Superintendent of Community
Services subject to ratification by the Director of Public
Works and the provisions of Article 3-10 of this code as it
now exists or may be hereafter amended.
B.Appointment and Compensation.The position of the
Superintendent of Community Services is hereby declared as
classified service and he shall be appointed and removed by
the Director of Public Works subject to ratification of the
Manager; and shall serve and receive such compensation as
shall be determined in accordance with the applicable
personnel ordinance.
C.Powers and Duties.The Superintendent of Community Service
shall:
1.Administer and operate existing recreation and park
areas, facilities, and programs and plan for the
acquisition, development and operation of proposed
facilities and programs in accordance with policies set
by himself, by lawful directives, by the Council, and
when possible, with the recommendations formulated by
the Parks and Recreation Commission.
2.Prepare an annual budget for presentation to the City
Council.
3.Inform the general public of the services and
facilities being provided by the Division of Community
Services; address professional civic and lay groups on
recreational subjects; solicit suggestions from the
general public on increasing the effectiveness of the
recreation programs;cooperate with governmental and
voluntary organizations and agencies in the solving of
recreation problems; provide, upon request, assistance
of a technical nature to community agencies and
organizations on problems related to recreation and park
facilities and programs.
4.Assist community organizations in the promotion or
recreation services; conduct studies of local conditions
and needs for recreation services; assist with the
recruitment and training of professional recreation
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personnel and volunteer leaders.
5.Upon request, advise the Council, the Parks and
Recreation Commission and community organizations
concerning the expenditure of public funds for
recreation and parks; acquisitions, design and
development of recreation facilities and areas; and
shall maintain effective and cooperative relations with
all City Officials, State and federal agencies and with
local, state and national voluntary recreation
organizations.
6.He shall, with the approval of the Mayor and Council,
post such rules and regulations as he deems necessary
for the conduct of persons in the parks and other
recreational facilities under his jurisdiction.
Section 3-5-6 Assignment and Custody of Physical Properties.
All physical properties of the City, including the wastewater
treatment system, parks, playgrounds and all municipal utilities
not assigned to some other department or officer, shall be and
are hereby assigned to the Department of Public Works.The
director of public works shall be the custodian of all tools,
equipment and other personal property assigned to the Department
of Public Works.The City Clerk shall furnish the Director of
Public Works with a list of physical properties specifically
assigned to other departments or officers.
Section 3-5-7 Advice and Assistance.
The Director of Public Works shall provide technical and
operational advice and assistance to, and cooperate with, all
other Departments, Boards, Commissions, Offices or other official
entities of the City.
Article 3-6 DEPARTMENT OF PUBLIC SAFETY
3-6-1 Department Established
3-6-2 Function
3-6-3 Duties of Director of Public Safety
3-6-4 Divisions of Department of Public Safety
3-6-5 Rules and Regulations
3-6-6 Status of Members
Section 3-6-1 Department Established.
There is hereby created the Department of Public Safety, an
executive department of the City.It shall consist of the
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Director of Public Safety who shall be the head of the department
and all officers and employees assigned thereto.All such
officers and employees shall perform their duties subject to the
supervision of the director, who shall operate solely under the
guidance and direction of and report directly to the Manager.
The Director of Public Safety shall supervise his department in
accordance with the applicable personnel ordinances and Article
3-10 of this code and shall exercise such powers and perform such
duties as are customarily conferred and required by applicable
ordinance, resolution or lawful directive.The position of the
Director of Public Safety is hereby declared as classified
service and said director shall be appointed and removed by the
Manager subject to ratification of the Council and shall serve
and receive such compensation as shall be determined in
accordance with the applicable personnel ordinance.
Section 3-6-2 Function
It shall be the function of the Department of Public Safety to
preserve order, enforce this code, ordinances and laws in the
City, preserve the peace, mitigate the results and render aid in
the case of disaster or accident, and to prevent and extinguish
accidental or destructive fires.
Section 3-6-2 Duties of Director of Public Safety
The Director of Public Safety shall have all the duties and
powers assigned by this code, law or ordinance to the Chief of
the fire department and to the Chief of the police department and
ratification of the appointment or removal by the Council shall
be construed as compliance with the provisions of ARS Section
9-271B(3), as amended.
Section 3-6-4 Divisions of Department of Public Safety
There are hereby created within the Department of Public Safety
divisions of police, fire and animal control.Division
superintendents thereof shall be appointed and removed by the
Director of Public Safety subject to the ratification of the City
Manager and the provisions of Article 3-10 as it now exists or
may be hereafter amended.
Section 3-6-5 Rules and Regulations
The Director of Public Safety may make or prescribe such rules
and regulations for the conduct of his department as he shall
deem advisable; such rules, when approved by the Council, shall
be binding on such members.The rules may cover the conduct of
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the members, uniforms and equipment to be worn or carried, hours
of service, vacations and other matters necessary or desirable
for the better efficiency of the department.
Section 3-6-6 Status of Members
Members of the Department of Public Safety shall be appointed,
and promotions within the department shall be made, in the manner
provided by law.Each member of the department shall have all
the responsibility, authority and liability prescribed by statute
or ordinance for policemen or firemen.
Article 3-7 CONTRACT PROCEDURE
3-7-1 Formal Contract Procedure
3-7-2 Open Market Procedure
3-7-3 Inspection and Testing
3-7-4 Surplus Supplies and Equipment
Section 3-7-1 Formal Contract Procedure
Except as otherwise provided herein, purchases, leases, rentals
and contracts for supplies, services, equipment and the sale of
personal property of estimated value greater than Five Thousand
Dollars ($5,000.00) shall be by written contract with the lowest
or highest responsible bidder, as the case may be, pursuant to
procedure prescribed herein.
A.Notice Inviting Bids.Notice inviting bids shall include a
description of the articles to be purchased or sold, shall
state where bid blanks and specifications may be secured and
the time and place for opening bids.
1.Published Notice.A notice inviting bids shall be
published at least ten (10) days before the date of
opening the bids.Notice shall be published at least
once in a newspaper of general circulation, printed and
published in the City.
2.Bidder's List.The Purchasing Officer shall also
solicit sealed bids from all prospective suppliers whose
names are on the bidder's list, or who have requested
their names to be added thereto.
3.Bulletin Board.The Purchasing Officer shall also
advertise pending leases, rentals, purchases or sales by
a notice posted on a public bulletin board in the City
Hall.
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B.Bidder's Security.When deemed necessary by the
Purchasing Officer, bidder's security may be prescribed in
the public notices inviting bids.Bidders shall be entitled
to returned bid security, provided that a successful bidder
shall forfiet his bid security upon refusal or failure to
execute the contract within the time specified, dating from
award of contract, unless the City is responsible for the
delay.The City Countil may, on refusal or failure of the
successful bidder to execute the contract, award it to the
next lowest responsible bidder.If the City Council awards
the contract to the next lowest bidder, the amount of the
lowest bidder's security shall be applied by the City to the
difference between the low bid and the second lowest bid and
the surplus, if any, shall be returned to the bidder in
default.
C.Bid Opening Procedure.Sealed bids shall be submitted to
the Purchasing Officer and shall be identified as bids on the
envelope.Bids shall be opened in public at the time and
place stated in the public notice.A tabulation of all bids
received shall be available to the public for inspection
during regular business hours for a period of not less than
thirty (30) days following the bid opening.
D.Bid Rejection.At its discretion, the City Council may
reject any and all bids.
E.Award of Contracts.Contracts shall be awarded by the City
Council to the lowest responsible bidder except as otherwise
provided herein.
F.Tie Bids.If two or more bids received are for the same
total amount or unit price, quality and service being equal
and if the public interest will not permit the delay of
re -advertising for bids, the City Council shall determine the
successful bidder by lot.
G.Local Preference.The City will grant a five percent (5%)
advantage to a bidder whose business is located within the
corporate limits of the City of Apache Junction if quality
and service are equal.
H.Performance Bonds.The City Council shall have the
authority to require a performance bond before entering a
contract in such amount as it shall find reasonably necessary
to protest the best interests of the City if the City Council
requires a performance bond, the form and amount of the bond
shall be described in the notice inviting bids.
I.Lease or contract purchase agreements shall have their value
estimated as the cumulative total value of the contract
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expense to the City.Rentals shall be valued at the
cumulative total of rental payments for the anticipated
rental period or for one (1) calendar year from the start of
the rental for long-term items, whichever is less.
Section 3-7-2 Open Market Procedure
A.Purchases of supplies, equipment, contractual services and
sales of personal property of an estimated value in the
amount of over five hundred dollars ($500.00), but not
exceeding Five Thousand Dollars ($5,000.00), may be made by
the Purchasing Officer in the open market by observing the
procedure prescribed in Section 3-7-1, with the following
exceptions.
1.Mimimum Number of Bids.Open market purchases shall
wherever possible be based on at least three bids, and
shall be awarded to the lowest responsible bidder.
2.Notice Inviting Bids.The Purchasing Officer shall
solicit not less than three (3) written bids from
prospective vendors.Notices will be posted on a public
bulletin board in the City Hall not less than
forty-eight (48) hours before opening bids.
B.Lease or contract purchase agreements shall have their value
estimated as the cumulative total value of the contract
expense to the City.Rentals shall be valued at the
cumulative total of rental payments for the anticipated
rental period or for one (1) calendar year from the start of
the rental for long-term items, whichever is less.
Section 3-7-3 Inspection and Testing
The Purchasing Officer shall cause an inspection of supplies and
equipment delivered, and contractual services performed to
determine their conformance with the specifications set forth in
the order performed, to determine their conformance with the
specifications set forth in the order or contract.The
Purchasing Officer shall have authority to require chemical and
physical tests of samples submitted with bids and samples of
deliveries which are necessary to determine their quality and
conformance with specifications.
Section 3-7-4 Surplus Supplies and Equipment
All departments and offices shall submit to the Purchasing
Officer, at such time, and in such form as he shall prescribe,
reports showing all supplies and equipment which are no longer
used or which have become obsolete or worn out.the Purchasing
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Officer shall have the authority to sell all supplies and
equipment which cannot be used or which have become unsuitable
for City use, or to exchange the same for, or trade in the same
for new supplies and equipment.Such sales shall be made
pursuant to Section 3-7-1 or 3-7-2, whichever is applicable.
Article 3-8 OFFICE OF THE DIRECTOR OF EMERGENCY SERVICES
3-8-1 Creating the Office of the Director of Emergency
Services
3-8-2 Duties of the Director
3-8-3 Membership
3-8-4 Violations
Section 3-8-1 Creating the Office of the Director of Emergency
Services
The office of the Director of Emergency Services is hereby
created.The Director shall be appointed and removed by the
Manager subject to ratification of the Council and shall serve
and receive such compensation as shall be determined in
accordance with the applicable personnel ordinance.The Director
shall appoint a Deputy Director and other assistants as necessary
to accomplish his mission.
Section 3-8-2 Duties of the Director
The duties of the Director shall be as follows:
A.The preparation and periodic revision of an Emergency
Operations Plan for adoption by the Mayor and City Council.
B.The necessary liaison between the City Council and other
emergency service organizations within the State of Arizona.
C.The control and direction of the training of the Emergency
Services Organization.
D.Such other duties as prescribed by law or by regulations
adopted by the Mayor and City Council.
Section 3-8-3 Membership
The Emergency Services Organization of the City of Apache
Junction shall consist of the officers and employees of the city
of Apache Junction designated in the Emergency Operations Plan as
well as all volunteers.The functions and duties of the
organization shall be distributed between such departments and
services of the City of Apache Junction as prescribed in the
Emergency Operations Plan.
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Section 3-8-4 Violations
It shall be unlawful for any person to willfully obstruct, hinder
or delay any member of the Emergency Services Organization in
carrying out his duties under this Article.It shall also be
unlawful for any person to wear, carry or display any emblem,
insignia or other means of identification as a member of the
Emergency Services Organization of the City of Apache Junction
unless so authorized by the proper officials.
Article 3-9 DEPARTMENT OF PLANNING
3-9-1 Department Established
3-9-2 Powers and Duties
Section 3-9-1 Department Established
A.In accordance with the Arizona Revised Statutes, 9-461.03,
there is hereby created the Department of Planning, an
executive department of the City.It shall consist of the
Director of Planning, who shall be the head of the
department, and all officers and employees assigned thereto.
All such officers and employees shall perform their duties
subject to the supervision of the Director who shall operate
solely under the guidance and direction of and report
directly to the Manager.
B.The Director of Planning shall supervise his departments in
accordance with the applicable personnel ordinances and
Article 3-10 of this Code and shall exercise such powers and
perform such duties as are customarily conferred and required
by this Code, applicable Ordinance, Resolution, or lawful
directive.The position of the Director of Planning is
hereby declared as classified service, and he shall be
appointed and removed by the Manager.
Section 3-9-2 Powers and Duties
The Director of Planning shall:
A.Supervise the preparation and/or the updating of the Apache
Junction General Plan, Specific Plans and such other plans
and studies as are necessary and appropriate.The Apache
Junction General Plan, Specific Plans and such other plans
and studies as are necessary and appropriate shall be
prepared in accordance with the provisions of A.R.S. Title 9,
Chapter 4, Article 6 and Article 2-6 of this Code.
B.Act as Executive Secretary for the Apache Junction Planning
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and Zoning Commission and be solely responsible for the
paperwork necessary for the efficient functioning of said
body.In this capacity he shall:
1.Accept for placement on the Commission agenda,
development site plans prepared in accordance with the
provisions of the City Zoning Ordinance and the City
Subdivision Regulations, which have been received and
reviewed by the Zoning Administrator.
2.Accept for placement on the Commission agenda, Zoning
amendments prepared in accordance with the provisions of
the City Zoning Ordinance and the City Subdivision
Regulations, which have been received and reviewed by
the Zoning Administrator.
3.Accept for placement on the Commission agenda, such
other items as are appropriate for consideration by the
Commission.
4.Receive, review and process preapplication, preliminary
and final subdivision plats in accordance with the
provisions of the City Code and other applicable
ordinances.
5.Prepare the Notice of Public Hearing, where appropriate,
for publication by the City Clerk, prepare the
Commission agenda, prepare Commission recommendations,
record the minutes, maintain the record and notify the
applicant of the Commission's decision or
recommendation.
6.Present the City position on the above items to the
Commission.
C.Act as the Designated Agent for the Commission in accordance
with the provisions of the City Code and other applicable
ordinances.
D.Act as Executive Secretary to the Board of Adjustment and be
solely responsible for the paperwork necessary for the
efficient functioning of said body.In this capacity he
shall:
1.Accept for placement on the Board agenda, petitions for
Variance, Special Exception, Appeal or Interpretation,
prepared in accordance with the provisions of the Apache
Junction Zoning Ordinance, applicable which have been
received and reviewed by the Zoning Administrator.
2.Present the city position on the above items, which has
-21-
been prepared by the Zoning Administrator, to the Board.
3.Prepare the Notice of Public Hearing where appropriate
for publication by the City Clerk, record the minutes,
prepare the findings of fact, maintain the record and
notify the applicant of the Board's decision.
E.Act as Chairman of the Subdivision Committee in accordance
with the provisions of applicable provisions of the city Code
and other ordinances.In this capacity he shall:
1.Accept for placement on the Committee agenda,
development site plans prepared in accordance with the
provisions of applicable provisions of City Subdivision
Regulations which have been received and reviewed by the
Zoning Administrator.
2.Accept for placement on the Committee agenda, zoning
amendments, prepared in accordance with the provisions
of applicable provisions of the City Code and other
applicable ordinances which have been reviewed by the
Zoning Administrator.
3.Accept for placement on the Committee agenda, such other
items as are appropriate for consideration by the
Committee.
4.Present the City position on the above items to the
Committee.
5.Prepare the Committee agenda, prepare Committee
recommendation, record the minutes, maintain the record
and notify the applicant of the Committee's decision or
recommendation.
F.Act in liaison capacity between the Board of Adjustment,
Planning and Zoning Commission and City Council.
G.Review and submit written comments to the Zoning
Administrator, Planning and Zoning Commission, and to the
City Council upon all proposals to amend the Zoning
Ordinance, Subdivision Ordinance, Official Map and standard
Ordinances.
H.Require the testimony of any City official or employee to
testify in support of the position of the City on any issue
coming before the Planning and Zoning Commission or the Board
of Adjustment.
I.At the time provided by law and rules of the Mayor and City
Council for submission of the annual budget estimates, he
-22-
shall submit an itemized estimate of the contemplated
expenditures for the ensuing year showing the amount proposed
to be expended.
Article 3-10 PERSONNEL SYSTEM
That certain document, known as "Personnel Rules and Regulations,
City of Apache Junction," three copies of which are on file in
the Office of the City Clerk of the City of Apache Junction,
Arizona, is hereby approved as per exhibit "A" adopted by the
City Council and made a part hereof by reference.
All ordinances and parts of ordinances in conflict with
the provisions of this ordinance or any part of the code adopted
herein by reference, are hereby repealed.
If any section, subsection, sentence, clause, phrase, or
portion of this ordinance or any part of the code adopted herein by
reference, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF T:27 CITY OF
APACHE JUNCTION, ARIZONA this / 57Z-4-day of
1979.
rayo
ATTEST:
APPROVED AS TO
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C I T Y
OF .
APACHE JUNCTION,ARIZONA
PERSONNEL POLICIES
JULY 1,1979
)
TABLE OF CONTENTS
RULE I Definition of Terms - - - - - - - - ---------------------page 1
RULE It General Provisions - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -5
RULE III Conditions of Employment - - - - - - - - - - - - - - - - - - - - - - - -6
RULE IV Applications and Applicants - - - - - - - - - - - - - - - - - - - - -7
RULE V Classification - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -9
RULE VI Examinations - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -10
RULE VII Employment Lists - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -11
RULE VIII Method of Filling Vacancies - - - - - - - - - - - - - - - - - - - - -12
RULE IX Probationary Period - - - - - - - - - - - - - - - - - - - - - - - - - - - - -12
RULE X.Attendance and Leaves - - - - - - - - - - - - - - - - - - - - - - - - - - -13
RULE XI Discipline - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -21
•RULE XII Compensation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -22
RULE XIII Pay Adjustments - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -22
RULE XIV Overtime - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -23
RULE XV Insurance - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -25
RULE XVI Transfer, Promotion, Demotion, Suspension, and
Reinstatement - - - - - - - - - - - - - - - - - - - - - - - - - -25
RULE XVII Separation From the Service - - - - - - - - - - - - - - - - - - - - -26
RULE XVIII Grievance Procedures - - - - - - - - - - - - - - -27
• RULE.XIX Personnel Board - - - - - - - -30
RULE XX Rules of Appeal to Personnel Board - - - - - - - - - - - - - -31
RULE XXI Training of Employees - - - - - - - - - -32
RULE XXII Reports and Records - - - - - - - - - - - - - - - - - - - - - - - - - - - - -33
RULE XXIII Affirmative Action - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -35
RULE I.DEFINITION OF TERMS
The following terms, whenever used in these rules, shall be defined as
follows:
SECTION 1."Allocation":The assignment of a single position to its
proper class in accordance with the duties performed and the authority
and responsibilities exercised.
SECTION 2."Anniversary Date":The date upon which a step advance in
salary or performance evaluation becomes effective or takes place under
the provisions of these Rules and Regulations.
SECTION 3."Appointment":The offer to a person, and the acceptance
of a position authorized by the appointing powers.
SECTION 4:"Board":The Personnel Board, established as provided in
these rules and regulations.
SECTION 5."Class":All positions sufficiently similar in duties,
authority, and responsibility to permit grouping under a common title
and the application with equity of common standards of selection,
transfer, promotion, and compensation.
.SECTION 6."Classified Service":All positions of employment in the
service of the City except those specifically excluded by Council action.
SECTION 7."Compensatory Time":Time off given in lieu of overtime
payment (money).
SECTION 8."Demotion":The movement of an employee from a position in
one class to a position in another class having a lower maximun rate of
pay.
SECTION 9."Department Head":Those officers or employees who are
appointed or employed as the principal employee of a department for the
discharge of duties provided by law or of particular delegated function.
SECTION 10."Eligible":A person whose name is on an employment, rein-
statement, promotional or layoff list.
SECTION 11."Employee":Any person employed by the City except those
excluded by Rule It, Section 4, of these Rules and Regulations.
SECTION 12."Employment List":A list of names of persons who have
applied for employment in the classified service and have qualified for
consideration by demonstrating their fitness for such employment.
'SECTION 1.3."Examination":.
A.Open competitive examination:An examination for a particular class
which is open to all personsMeeting the qualifications for the class.
B.Promotional examination:An examination for a particular class,
admission to the examination being limited to permanent and probationary
employees in the classified service who meet the qualifications for the
class.
SECTION 14."Merit Increase":A salary increase granted on the basis of
meritious service within the limits of a pay range established for a class.
3
SECTION 15."Overtime Work":Those hours of work in excess of 40 hours
per week for those employees who normally work 40 hours per week.
SECTION 16,"Part -Time Employee":An employee hired on a basis of less
than eight hours per day and less than 40 hours per week.
SECTION 17."Performance Report":The periodic evaluation of an employee's
work reflected on forms prescribed by the Personnel Officer.
SECTION 18."Permanent Employee":An employee who has successfully com-
pleted the probationary period and has been retained as hereafter provided
in these rules.
SECTION 19."Personnel Officer":The Personnel Officer shall be responsible
for the administration of the merit system.This
to, interpreting personnel rules and regulations;
hiring, firing, transfering, promoting, demoting,
employees; and maintaining employee records.
includes, but is not limited
possessing authority in
suspending and reinstating
SECTION 20."Personnel Ordinance":Ordinance No.-() which creates -a
personnel system for the City of Apache Junction..
SECTION 21."Position":An aggregation of tasks and responsibilities
requiring the services of one person-.
SECTION 22."Probationary Period":A working test period during which
employees are required to demonstrate their fitness for the duties to which
they are appointed by actual performance of the duties of the position.
SECTION 23."Promotion":The movement of an employee from a position in
one class to a position in another class having a higher maximum rate of pay.
SECTION 24."Provisional Appointment":An appointment of a person who
possesses the minimum qualifications established for a particular class
and who has been appointed to a position in that class subject to success-
ful completion of the probationary period.
SECTION 25."Reinstatement":The re-employment of a former permanent or
probationary employee.
SECTION 26."Salary Advancement":A salary increase, based upon satisfactory
performance recommended to the Council by the Personnel Officer.
SECTION 27."Sicl,c Leave":Time off with pay granted by the City to permanent
and probationary employees in the event of illness.
SECTION 28."Suspension":The temporary separation from the service of an
employee without pay for disciplinary purposes.
SECTION 29."Termination":The separation of an employee from the City
service by any means other than lay-off or retirement whether it be voluntary
or involuntary.
SECTION 30."Transfer":A change of an employee from one position to
another position in the same class or in a comparable class.
SECTION 31."Vacation":Time off with pay granted to the employee at the
convenience of the city in recognition of service and of the employee's
need for an annual period of rest and recreation.
5
SECTION 32."Written Notice":First Class Mail
RULE II.GENERAL PROVISIONS
SECTION 1.Fair Employment:No person shall be appointed or promoted to,
or demoted or dismissed from, any position or in any way favored or dis-
criminated against with respect to employment because of his political or
religious opinions or affiliations; nor shall there be any discrimination
in favor of, or against any applicant or employment because of age, race,
color, sex, physical handicap or national origin.
SECTION 2.Violation of Rules:Violation of the provisions of these rules
shall be grounds for rejection, suspension, demotion or dismissal.
SECTION 3.Amendment and Revision of Rules:Proposed amendments and
revisions to these rules may be suggested to the City Council through the
Personnel Officer by an interested person.The Council may, by resolution,
change or modify these rules as may, from time to time, be necessary.
Amendments and revisions to these rules shall become effective upon adoption
of an appropriate resolution by the City Council.
SECTION 4.Eligible Employees:The rules and regulations of this merit
system shall apply to all employees of the City of Apache Junction except
elected officials, members of boards and commissions, persons engaged under
contract to supply professional or technical services, temporary employees,
volunteeer firemen and volunteer personnel who receive no regular compen-
sation from the City and City manager, clerk, attorney, magistrate, police
chief and such other personnel as the Council may designate.However, the
City manager, clerk, attorney, magistrate, police chief and such other
personnel as designated by the Council shall be subject to personnel
rules and regulations as designated by the Council.
RULE III.CONDITIONS OF EMPLOYMENT
SECTION I.Loyalty Oath:All employees are required to sign a loyalty
oath as required by State Law.
SECTION 2.POLITICAL ACTIVITY PROHIBITED:Employees are prohibited from
engaging in any partisan political activity beyond the private expression
of personal opinion, registering as a member of a political party,the
signing of nomination, initiative, referendum or recall petitions, and
voting in any special, primary, or general election.Employees are also
prohibited from engaging in any political activity relating to any municipal
election, or taking any part in municipal political issues, beyond the pri-
vate expression of personal opinion, registering to vote, signing nominating,
initiative, referendum or recall petitions, and voting in any special,
primary or general election.
SECTION 3.Solicitation of Political Support Prohibited:No elected or
appointed officer or employee of the City shall solicit any contribution
in cash or services from any City employee to support any candidate for
public office.
SECTION 4.Residence Requirement:All employees of the City are required
to establish and maintain residence within the corporate limits of the City
within six months after the completion of the probation.In cases of
extreme hardship, the period for establishing residence may be extended by
the Personnel Officer.
SECTION 5.PHYSICAL EXAMINATION:A physical examination will be required
prior to employment at a clinic designated by the City at the City's
expense.
RULE IV.APPLICATIONS AND APPLICANTS
SECTION 1.Announcement:All positions available in the classified service
shall be publicized by publishing an advertisment in a newspaper of local
circulation, and by posting announcements in the City Hall on official
bulletin boards and by such other methods as the Personnel Officer deems
advisable.The announcements shall specify the title and pay of the class for
which the examination is announced, the nature of the work to be performed,
preparation desirable for the performance of the work of the class, the manner
of making applications and other pertinent information.
SECTION 2!APPLICATION FORMS:Application shall be made as prescribed on
the position announcements.Application forms shall require information
covering training experience and other pertinent information, and may include
certificates of one or more examining physicians, references, and finger
printing.All applications must be signed by the person submitting the
application.
SECTION 3.Disqualifications:The Personnel Officer may reject any
application which indicates on its face that the applicant does not possess
the minimum qualifications required for the position.Applications may be
rejected for cause if the applicant is physically unfit for the performance
of duties of the position to which the applicant seeks appointment, is addicted
to the habitual excessive use of drugs or intoxication liquor; has been con-
victed of a crime involving moral turpitude; has made any false statement
of any material fact or practiced any deception or fraud in the applicants
application.When an application is rejected for cause, notice of such
rejection with statement of reason shall be mailed to the applicant
by the Personnel Officer.Defective applications may be returned to the
applicant with notice to amend the same, providing the time limit for
receiving applications has not expired.
)
A
RULE V.CLASSIFICATION
SECTION 1.Preparation of Plan:The Personnel Officer or a person or
agency employed for that purpose shall ascertain and record the duties and
responsibilities of all positions in the classified service and shall recommend
a classification plan for such positions.The classification plan shall
consist of classes of positions in the classified service defined by class
specifications, including job titles.The classification plan shall be so
developed and maintained that all positions substantially similar with respect
to duties, responsibilities, authority, and character of work are included
within the same class, and that the same schedules of compensation may be
made to apply with equity under like working conditions to all positions
in the same class.
SECTION 2.Adoption, Amendment, and Revision of Plan:The classification
plan shall be adopted and may be amended from time to time by resolution of
the City Council.At the time of consideration, any interested party may
appear and be heard.Amendments and revisions of the plan may be suggested
to the City Council by any interested party and shall be submitted to the :
City Council through the Personnel Officer.
SECTION 3.Allocation of Positions:Following the adoption of the
classification play, the Personnel Officer, with the advise of the department
heads concerned, shall allocate every position in the classified service to
one of the classes established by the plan.
SECTION 4.New Positions:When a new position is created, the classification
plan &Ian be amended to provide therefor, and an appropriate employment
list shall be established for such position.
10
SECTION 5.Reclassification:Positions, the duties of which have changed
materially so as to necessitate reclassification, shall be allocated by the
City Council with the advice of the Personnel Officer and department heads
concerned, to a more appropriate class, whether new or already created.
Reclassifications shall not be used for the purpose of avoiding restrictions
concerning demotions and promotions.
RULE VI.EXAMINATIONS
SECTION 1.Nature and Types of Examination:The selection techniques
used in the examination process shall be impartial, of a practical nature,
and shall relate to those subjects which fairly, without discrimination or
favoratism, measure the relative capacities of the persons examined to execute
the duties and responsibilites of the class to which they seek to be
appointed.Examinations shall consist of validated selection techniques
which will test fairly the qualifiactions of candidates.
SECTION 2.Promotional Examinations:Promotional examinations may be con-
ducted whenever, in the opinion of the Personnel Officer, the needs of
the service require.Only permanent or probationary employees who meet the
requirments set forth in the promotional examination announcements may
compete in promotional examinations.
SECTION 3.Notification of Examination Results:Each candidate in an
examination shall be given written notice of the results thereof, and if
successful, the candidates' final earned score on the employment or
promotional list shall also be provided.
11
SECTION 4.Review of Examination Papers:All candidates shall have the
right to inspect their own examination papers within five (5) working days
•after the notices of examination results were mailed.Any error in computation,
if called to the attention of the Personnel Officer within this period, shall
be corrected.Such corrections shall not, however, invalidate appointments
previously made.
RULE VII.EMPLOYMENT LISTS
SECTION 1.Employment Lists:As soon as possible after the completion of an
examination, the Personnel Officer shall prepare and keep available an
employment list consisting of the names of candidates who qualified in the
examination, arranged in order of final scores or rank from the highest to
the lowest qualifying score.
SECTION 2.Duration of Lists:Employment lists shall remain in effect for
one year, unless sooner exhausted, and may be extended, prior to their
expiration dates, by action of the Personnel Officer for additional periods,
but in no event shall an employment list remain in effect for more than two
years.
SECTION 3.Removal of Names from List:The name of any person appearing
on an employment or promotional list shall be removed by the Personnel
•Officer upon the written request by the eligible person, if the eligible
person fails to respond to a notice of eligibility mailed to the last known
address, or for any of the reasons specified in Rule III, Section 2, of these
rules.The names of persons on promotional employment lists who resign from
the service shall automatically be dropped from such lists.
I L
RULE VIII.METHOD OF FILLING VACANCIES
SECTION 1.Types of Appointment.All vacancies in the classified service
shall be filled by transfer, promotion, demotion, re-employment, reinstate-
ment, or from the appropriate employment list, if available.In the absence
of persons eligible for appointment in these ways, provisional appointments
may be made.
SECTION 2.Provisional Appointment.In the absence of there being an
individual on appropriate employment lists who is willing to accept
appointment, a provisional appointment may be made by the Personnel Officer of
a person meeting the minimum training and experience qualifications for the
position.Upon satisfactory completion of probation, the provisional appointee
shall become a permanent employee.
•RULE IX.PROBATIONARY PERIOD
SECTION 1.Regular Appointment following Probationary Period:All original
appointments shall be tentative and subject to a probationary period of not
less than six months actual service.The Personnel Officer may establish a
longer probationary period for specified classes.
SECTION 2.Objective of Probationary Period:The probationary period shall
be regarded as a part of the testing process and shall be utilized for closely
observing the employee's work and for securing the most effective adjustment
of a new employee to the position.
SECTION 3.Rejection of Probationer:During the probationary period, an employee
may be rejected at any time by the Personnel Officer without cause and without
the right of appeal.Notification of rejection in writing shall .be forwarded
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to the probationer and a copy filed with the probationer's file.
RULE X.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, which shall
be reported to the Personnel Officer in the form and on the dates the
Personnel Officer shall specify.Failure on the part of an employee, absent
without leave, to return to dtity within 48 hours after written notice to
return has beensent to the employee's last known address, shall be cause for
immediate discharge, and such employee automatically waives all appeal rights
under these rules.
SECTION 2.Annual Vacation Leave:All employees in the classified service
shall be entitled to annual vacation leave with pay except the following:
A.Employees who have served less than six months in the service of the
City.. However, vacation credits for the time may be granted to each
such employee who later received a permanent appointment.
B.Employees who work on a provisional or volunteer basis and all employees
who work less than 1,040 hours a year.
Upon completion of one full year of service, each eligible employee shall
be credited 10 working days of vacation at the rate of one day per 26 working
days; provided, however, that those employees who have less than one full
year of eligible service shall be credited a prorated portion.
If the requirements of the service are such that employees cannot take part
or all of their annual vacation in a particular calender year, such vacation
shall be taken either during the following calendar year or paid for at the
14
discretion of the Personnel Officer.
Eligible employees, with the consent of the concerned department head, may
defer five working days of annual vacation to the succeeding calendar year,
subject to the other provisions of this rule.A written report of each
deferred vacation signed by the proper department head shall be kept on
file with the department head and the Personnel Officer.Under no circumstances
may an employee accrue more vacation leave than could be earned in 18 months
of service.
Employees who work less than full-time, but more than 1,040 hours a year,
shall be credited vacation on a prorated basis after this six month
probationary period.
In the event one or more municipal holidays fall within an annual vacation
leave, such holidays shall not be charged as vacation leave.
Employees who have satisfactorily completed twelve (12) months employment and
who terminate employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination.Employees who
terminate prior to twelve (12) months of service shall forfeit paid vacation
leave.
The annual vacation leave policy is as follows:
1 year - 9 years- 2 weeks (10 working days)
10 years - 15 years - 3 weeks (15 working days)
16 years or more - 4 weeks (20 working days)
SECTION 3.Sick Leave:Sick Leave with pay shall be granted to all
permanent employees of the City.Sick leave shall not be considered as a
right which employees may use at their discretion, but shall be allowed
only in case of necessity and actual personal sickness or disability.
Employees who become ill or are injured are entitled to sick leave with full
pay depending on the employee's eligible number of sick days available to
that employee.Full-time employees accrue sick leave at the rate of one day
per calendar month up to a maximum of sixty (60) days.Sick leave is a
privilege granted by the City so that an illness or injury will not impose
a great financial hardship on employees.It is not a form of additional
vacation leave, and will not be paid in cash upon separation.Misuse of sick
leave is cause for disciplinary action as provided in Rule XI of these
regulations.
Employees who have exhausted their sick leave may substitute their accumulated
vacation leave upon permission of the Personnel Officer.
In order to receive compensation while absent on sick leave', employees shall
notify their immediate supervisor or the Personnel Officer prior to or within
two hours after the time set for beginning their daily duties.When absence
• is for more than two work days, the employee shall be required to file a
physician's certificate with the Personnel Officer stating the cause of the
abscace.
Not more than three days sick leave each calendar year may be taken in cases •
in which an employee's presence is required elsewhere because of death to a
member of the employee's immediate family.The immediate family shall consist
of the spouse, children or parents.
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In any case in which an employee has been denied sick leave, the Personnel
Officer will document the reasons for the decision and insert them in the
employee's personnel file.
An employee receiving temporary disability payments under the workmen's
compensation laws may use accumulated sick leave in order to continue to
maintain regular income.However, all employees receiving full salaries
in lieu of temporary disability must remit any funds received under work-
men's compensation to the City.The purpose of this regulation is to ensure
that an employee does not suffer an economic hardship as a result of a
work -related injury; however, the employee should not make a financial gain
as a result of injury.
SECTION 4.Maternity Leave:Maternity leave shall be granted for maternity
purposes to female employees on the following basis:
A.An employee who applies for maternity leave must submit her
request in writing indicating whether or not she intends to
return to duty after delivery.She should attach thereto her
physician's written certificate stating the approximate date on
which she will be incapacitated for the full performance of her
duties because of pregnancy, and stating the expected delivery
date.
B.An employee will be expected to work before delivery until she
cannot adequately perform the duties of her job, or it is no
longer safe for her to do so as certified by her attending
physician.An employee who intends to return to duty after
delivery will be expected to do so as soon as she is physically
fit as certified by her physician.
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C.The use of paid sick leave for maternity shall be only for
the period of time which the employee, herself, is physically
disabled, and only to the extent that the employee has sick
leave accumulated.Paid sick leave solely for the purpose of
providing child care shall not be allowed.
D.The employee shall be responsible for providing any physician's
statements as required by the Department to determine the
commencement and termination period of physical disability.
E.An employee who has indicated that she does not intend to return
to duty after delivery will be granted the use of any sick leave
to her credit during the periods before and immediately after
the actual delivery which can be supported by her physician's
certificate.She will submit her resignation at the time she
begins her maternity leave.When she has used the sick leave
approved, she will be separated from the rolls.
SECTION 5.Military Leave:Military leave shall be granted in accordance
with the provisions of State 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.
SECTION 6.Leave of Absence Without Pay:The Personnel Officer may grant a
permanent or probationary employee a leave of absence without pay for not more
then three months.No such leave shall be granted except upon written request
of the employee, setting forth the reason for the request, and the approval
will be in writing.Ten (10) days prior to expiration of a regularly
approved leave or within 10 calendar days after notice to return to duty, the
employee shall be reinstated in the position held at the time leave was
18
granted.Failure on the part of an employee on leave to report upon
expiration of the leave, or within 10 calender days after notice to return
to duty, shall be cause for discharge.
SECTION 7.Leave with Pay:Leave with pay for sufficient cause (including
illness) may be granted to permanent employees of the City upon determination
by the Personnel Officer, up to and including five consecutive working days
or ten total working days in any twelve month period.More extended periods
of leave with pay may not be granted except by express approval of the City
Council.
SECTION 8.Jury Leave:All classified employees of the City who are called
or required to serve as a trial juror shall be entitled to be exempt from
their duties with the City during the period of such service or while
necessarily being present in court as a result of such call.Under such
circumstances, the employee shall be paid the difference between the full
salary and any payment received, except travel pay, for such duty.
SECTION 9.Subpoena Leave:All classified employees of the City shall be
entitled to be excused without compensation from their duties with the City
when required to appear in court as a witness under a subpoena.If the court
appearance is on City business, the employee will be reimbursed at full salary
for work hours missed.
SECTION 10.Miscellaneous Leave:In cases of special hardships, or in other
cases not provided for in these regulations, the Personnel Officer may grant
short-term leaves at full or partial pay charged to the employee's earned
vacation time.Examples of such leaves include, but are not limited to:
1.Absence to arrange medical care for a member of the employee's immediate
family.
2.Absence to attend the funeral of a member of the employee's immediate
family.
3.Absence for personal business which cannot be handled during the off duty
hours.
4.Absence to attend an authorized course of instruction directly related
to the employee's duties.
All such leaves are a privilege, granted soley at the discretion of the
Personnel Officer and the approval or denial of a request for such leave is
not subject to appeal.
SECTION U.Paid Holidays:The holidays to be observed in this City are
as follows:
'New Year's Day Labor Day
Memorial Day Veteran's Day
Independence Day 'Thanksgiving Day
Christmas Day Friday after Thanksgiving
.President's Day
Said holidays shall be observed on the same day as the State of Arizona.
(Note:When a holiday falls on a Saturday, the preceding Friday shall be
observed.When a holiday falls on a Sunday, the following Monday shall be
observed.It should be noted that public safety and other essential service
emOloyees at./ be required to be on duty on holidays in the interests of the
public health, safety, or general welfare of the City.
SECTION 12.Vacation in Lieu of Holidays:Police radio dispatchers, sworn
police officers and other personnelwho normally work on a shift basis, shall
Areceive in addition to the vacation specified in Rule X, Section 2, nine (9)
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additional days vacation in lieu of holidays to be taken in accordance with
Rule X, Section 10.However, such leave shall be taken within twelve months
from the date granted.
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\
RULE XI.DISCIPLINE
SECTION 1.Disciplinary actions include:reprimands, admonishments,
suspensions, demotions, and dismissals.
SECTION 2.Grounds for such actions include, but are not necessarily limited
to the following:
1.Falsification of application for employment.
2.Chronic Absenteeism.
3.Chronic tardiness.
4.Malingering.
5.Insubordination.
6.Conviction of a crime involving moral turpitude.
7.Incompetence in the performance of assigned duties.
8.Prohibited political activities.
9.Favoritism on the part of a supervisory employee.
10.Discrimination on the part of a supervisory employee against any employee
on the basis of race, color, sex, age, physical handicap, place of national
origin, political or religious affiliation, or personal dislike.
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11.Any action, on or off the job, tending to bring discredit on the City
service.
12.Alcohol or drugs.
13.Violation of any section of these regulations.
RULE XII.COMPENSATION
SECTION 1.Preparation of Plan:The Personnel Officer or the person or agency
employed for that purpose, shall prepare a pay plan covering all classes or
positions in the classified service.In arriving at salary rates or ranges,
consideration shall be given to prevailing rates of pay and consideration
of working conditions for comparable work in other public and in private
employment, to current costs of living, to suggestions of department heads,
to the City's financial condition and policies, and to other relevant factors.
The Personnel Officer, or the person or agency employed for that purpose,
shall thereafter make such further studies of the pay plan as may be requested
by the City Council.
SECTION 2.Adoption of Plan:The pay plan shall be adopted and may be
amended from time to time by action of the City Council.At the time of
consideration, any interested party may appear and be heard.Amendments and
revisions of the plan may be suggested to the City Council by any interested
party and shall be submitted to the City Council through the Personnel Officer.
RULE XIII.PAY ADJUSTMENTS
SECTION 1.Application of Rates:Employees occupying a position in the
classified service shall be paid a salary or wage establishe& for that position's
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class under the pay plan as provided by Rule V.The minimum rate for the
class generally shall apply to employees upon original appointment.
However, the Personnel Officer, when circumstances warrant, may authorize
original appointment or reinstatement at other than the minimum rate.
SECTION 2.Advancement:No salary advancement shall be made so as to exceed
any maximum rate established in the pay plan for the class to which the
advanced employee's position is allocated.Advancements shall not be
automatic, but shall depend upon increased service value of an employee to the
City as exemplified by recommendations of the supervising official, length of
service, performance record, special training undertaken, or other pertinent
evidence, within the advancement policy established by the pay plan.
RULE XIV.OVER -TIME
SECTION 1.Policy:It is the City's policy to avoid the necessity for
overtime whenever possible.Overtime work may sometimes be necessary to meet
emergency situations, seasonal, or puak workload requirements, and department
heads are responsible for the advance planning required to minimize the need for
overtime.No supervisor or employee shall receive credit for any overtime
unless authorized.Therefore, if in the judgement of a department head work
beyond the normal work day or work week is required, the department head may
authorize such work and the employee shall be credited with such overtime credit
for each hour's work.
SECTION 2.Overtime Accrual Limitation:No overtime credit shall be given
or allowed for any period of less than one hour unless at least one full hour
of overtime has been worked.Fraction of overtime shall not be accumulated to
total the first hour of overtime in a pay period.Credit may be given or
allowed for increments of thirty minutes or half hours only after one full hour
pay period to another.
SECTION 3.Overtime Compensation:Whenever any person employed by the City
is required to render overtime service, that person may be compensated for
such excess time at the rate of either:
1.One and one half times of the regular rate of pay at which such person
is employed; or
2.one hour of compensatory time off for each hour worked in lieu of cash
payment.
SECTION 4.Overtime Requirement:All compensatory time shall be taken within
90 days after the time was accrued, and will in no circumstances be accumulated
beyond this period.The department head shall make the determination when to
allow such a person the leave of absence.
SECTION 5.Personnel Officer Responsibility:Pursuant to the requirements
of this rule, it is the responsibility of the personnel officer to record '
all overtime and compensatory time accrued for the employees of the City and
along with department heads arrange work schedules to ensure that an
employee is given full opportunity to take any accumulated compensatory. time
off work within 90 days from the time it was accrued.
SECTION 6.Supervisory and Adminstrative Employees:The overtime provisions
of this rule shall not apply to employees in a supervisory or administrative
capacity with the City.The City Council shall designate through a resolution
the supervisory and administrative positions in the City employment.
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RULE XV.INSURANCE
SECTION 1.Hospitalization Insurance:All employees are eligible for Group
Insurance after 45 days of employment.Eligible employees are covered under
the City's Group Insurance Program at no cost to the employee.The plan provides
health, accident, and life insurance coverage.The employee may elect to cover
dependents under this program at full cost to the employee.
SECTION 2.Workmen's Compensation Insurance:Workmen's compensation provides
medical and hospitalization expense benefits as well as partial payments in lieu
of salary for workers injured on the job.All City employees are covered by
this form of insurance at no cost to the employee.
RULE XVI.TRANSFER, PROMOTION, DEMOTION, SUSPENSION, AND REINSTATEMENT
SECTION 1.Transfer:No employee shall be transferred to a position for which
the employee does not possess the minimum qualifications.If the transfer
involves a change from one department to another, both department heads must
consent thereto unless the Personnel Officer orders the transfer for purposes
of economy or efficiency.Transfer shall not be used to effectuate a promotion,
demotion, advancement, or reduction, each of which may be accomplished only as
provided in these rules.
SECTION 2.Promotion:Insofar as consistent with the best interests of the
service, vacancies shall be filled by promotion from within the classified
service.If, in the opinion of the Personnel Officer, a vacancy in the position
could be filled better by an open recruitment instead of promotion, then the
Personnel Officer shall arrange for such recruitment and examination for the
preparation of an employment list.
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SECTION 3.Demotion:The Personnel Officer may demote an employee whose
ability to perform required duties falls below standard, or for disciplinary
purposes.Written notice of the demotion shall be given the employee within
three days before the effective date of the demotion.
SECTION 4.Suspension:The Personnel Officer may suspend an employee from
any position at any time for a disciplinary purpose.Suspension without pay
shall not exceed 30 calendar days, nor shall any employee be penalized by
suspension for more than 30 calendar days in any fiscal year.Department
heads may suspend a subordinate employee for not more than 3 working days at
any one time, and not more than once in a 30 -calendar day period.Suspensions
shall be reported immediately to the Personnel Officer.
SECTION 5.Reinstatement:With the approval of the Personnel Officer and the
department head concerned, a permanent or probationary employee who has
resigned with a good record may be reinstated within two years of the effective
date of resignation to a vacant position in the same or comparable classs.Upon
reinstatement, the employee, for all purposes, shall be considered as though
he had received an original appointment.
RULE XVII.SEPARATION FROM THE SERVICE
SECTION 1.Discharge:An employee in the classified service may be discharged
for cause at any time by the Personnel Officer.Any employee who has been
discharged shall be furnished with a written statement of the reasons for
such actions and shall be entitled to a hearing if the employee so requests,
as provided in these rules.
SECTION 2.Lay -Off:The Personnel Officer may lay off an employee in the
classified service because of material change in duties or otganization or
27
shortage of work or funds.
SECTION 3.Resignation:An employee wishing to leave the classified service
In good standing shall file with the Personnel Officer, through the employee's
department head, a written resignation stating the effective date and reasons
for leaving at least 2 week (managerial position preferably 30 days) before
leaving the service, unless such time limit is waived by the Personnel Officer.
Failure to give notice as required by this rule may be cause for denying
future employment by the City.An "exit interview" should be arranged with
the Personnel Officer to be held before the last day of employment.
RULE XVIII
GRIEVANCE PROCEDURES
SECTION 1.Purpose of Rule:
A.To promote improved employer/employee relations by establishing ,
grievance procedures on matters for which appeal or hearing
is not provided by other regulations.
B.To afford employees individually or through qualified employee
organizations a systematic means of obtaining further consider-
ations of problems after every reasonable effort has failed to
resolve them through discussions.
C.To provide that grievances shall be settled as near as posssible
to the point of origin.
D.To provide that appeals shall be conducted as informally as possible.
SECTION 2.Matters Subiect to Grievance Procedure:Employees in the classified
service shall have the right to appeal, under this rule, a decision affecting
their employment over which the Personnel Officer has partial or complete
jurisdiction, with the exception of suspensions; demotions, gr dismissals, which
shall be appealed directly to the Personnel Board as provided in Rule XIX.
SECTION 3.Informal Grievance Procedure:An employee who has a problem or
complaint should first try to get it settled through discussion with the
employee's immediate supervisor without undue delay.If, after this discussion,
the employee does not believe the problem has been satisfactorily resolved,
the employee shall have the right to discuss it with the employee's supervisor's
immediate supervisor, if any, or the Personnel Officer.Every effort should
be made to find an acceptable solution by informal means at the lowest possible
level of supervision.
SECTION 4.Formal Grievance Procedure:Levels of review through the chain
of command are listed below:
A.First Level of Review:The appeal shall be presented in writing to
the employee's immediate supervisor, within 10 calendar days of the
alleged incident, who shall render a decision and comments in writing
and return them to the employee within 15 calendar days after receiving
the appeal.If the employee does not agree with the supervisor's
decision, or if no answer has been received within 15 calendar dayi, the
. employee may present the appeal in writing to the supervisor's immediate
supervisor.Failure of the employee to take further action within 10
aalendar days after receipt of the written decision from the supervisor,
or within a total of 25 calendar days of the first submission, if no
decision is rendered, will constitute a dropping the appeal.
B.Further Level or Levels of Review as Appropriate:The second level
supervisor receiving the appeal shall review it, render a decision
and comments in writing, and return them to the employee within 15
calendar days after receiving the appeal.If the employee does not
agree with the decision, or if no answer has been received within 15
calendar days, the employee may present the appeal in writing to the
Personnel Officer.Failure of the employee to take further action
within 10 calendar days after receipt of the decision, or within a
total of 25 calendar days of referral to the supervisor's supervisor
if no decision is rendered, will constitute a dropping of the appeal.
C.Personnel Officer:Upon receiving the appeal, the Personnel Officer
or a designated representative should discuss the grievance with the
employee, the employee's representative, if any, and with other
appropriate persons.The Personnel Officer may designate a fact-
finding committee or an officer not in the normal line of super-
vision to advise the Personnel Officer concerning the appeal.The
Personnel Officer shall render a decision in writing to the employee
within 20 calender days after receiving the appeal.Such decision may
be appealed to the Personnel Board as provided in Rule XIX.
SECTION 5.Conduct of Grievance Procedure:
A.The time limits specified above may be extended to a definite date by
mutual agreement of the employee and the reviewer concerned.
B.The employee may request the assistance of another person of the
employee's own choosing other than a member or members of the
reviewing committee in preparing and presenting an appeal at any
level of review.
C.The employee and the employee's representative may be privileged
to use a reasonable amount of work time as determined by the
appropriate department head in conferring about and presenting
the appeal.
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D.An appeal, once dropped through action by the employee, or through
failure on the employee's part to pursue the grievance, cannot be
reinstituted.Once the appeal process has been concluded and a
recordation rendered by the Personnel Board, the appeal is not
subject to reassignment during the grievance procedure.
E.EMPLOYEES SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE
GRIEVANCE PROCEDURES.
RULE XIX.PERSONNEL BOARD
SECTION 1.Meeting:The Personnel Board shall hold regular meetings or at
least annually at such time and place within the City as shall be designated
by the Chairman of the Board.In addition, the Board may hold special meetings
upon the call of the Chairman or a majority of the members of the Board.A
majority of the members of the Board shall constitute a quorum for the
transaction of business.Meetings shall be conducted informally in accordance
with such rules and procedures as may be adopted by the Personnel Board.,
SECTION 2.Duties:The duties of the Personnel Board shall consist solely
of the conduct of hearings relating to, and the rendering of advisory opinions
on matters properly brought before the Board under the grievance procedures
established in Rule XVIII of these rules:provided, however, that the Board
shall meet at least once annually to review its own procedures and organization.
SECTION 3.Hearings:Hearings conducted by the Personnel Board shall be
conducted in private unless the complaining employee requests a public hearing.
Said body also shall exclude from any meeting, during the examination of a
witness, any or all other witnesses in the matter being investigated by the
Board.The hearing need not be conducted according to technical rules relating
to evidence and witnesses.
RULE XX.RULES OF APPEAL TO PERSONNEL BOARD
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SECTION 1.Right of Appeal:Any employee in the classified service shall
have the right to appeal to the Personnel Board any disciplinary action,
interpretation or alleged violation of these rules, except in instances where
the right of appeal is specifically prohibited by these rules.
SECTION 2.Method of Appeal:Appeals shall be in writing, subscribed by the
appealing employee, and filed with the Personnel Officer, who shall within
10 days after receipt of the appeal, inform each member of the Personnel Board,
the City Council, and such other persons of officers named or affected by the
appeal, of the filing of the appeal.The appeal shall be a written statement,
addressed to the Personnel Board, explaining the matter appealed and setting
forth therein a statement of the action desired by the appealing employee, with
the reasons therefor.Appeals must be filed within 10 working days of the date
of the action to be appealed.The formality of a legal pleading is not required.
SECTION 3.Notice:Upon the filing of an appeal, the Personnel Board shall
set. a date. for 4.hearing•on the.appeal not less than 10 days, nor more than. 30 -•••
days from the date of Filing... ThO-Personnel'Officer shall notify all interested'
parties of the date,. time, and place of the -heating -at such places as the .
•Personnel •Board shall prescribe.'
SECTION 4.Hearings:The appealing employee shall appear personally, unless
physically unable to do so, before the Personnel Board at the time and place
of the hearing.The appealing employee may be represented by any person (other
than a Board member) or attorney as the appealing employee may select, and may at
the hearing produce on behalf of the appealing employee's relevant oral or
documentary evidence.The appealing employee shall State his or her case first
matterand, at the conclusion, opposition matter may then be presented. Rebuttal
not repetitive may be allowed at the discretion of the Personnel Board.Cross
examination of witnesses shall be permitted.The conduct and decorum of the
hearing shall be under the control of the Personnel Board by its Chairman, with
due regard to the rights and privileges of the parties appearing before it.
Hearings need not be conducted according to technical rules relating to
evidence and witnesses.Hearings shall be closed unless the appealing employee,
in writing, requests an open, public hearing.
SECTION 5.Findings and Recommendations:The Personnel Board shall, within 10
days after the conclusion of the hearing, certify its findings and recom—
mendations which shall be advisory to the City Council, in writing to the
appealing employee and to the City Council.Any member of the Personnel Board
may submit a minority or supplemental finding and recommendation.
SECTION 6.Actions by the City Council:The City Council shall review the
findings and recommendations of the Personnel Board and may then affirm, revoke,
or modify the action recommended as, in their judgement, deems warranted.Such
actions may include, but not be limited to, the firing, suspension, or.reinstate—
ment of employee, with or without back pay.' The actions taken by the.City-:,
Council shall be final,•
RULE XXI'.TRAINING OF EIPLOYEES
SECTION I.Responsibility for Training:The City Council encourages the -
training of employees.Responsibility for developing training programs for
employees shall be assumed jointly by the Personnel Officer and department
heads.Such training programs may include lecture courses, demonstrations,
assignment of reading matter, or such other devices as may be available for the
purpose of improving the effectiveness and broadening the knowledie of municipal
officers and employees in the performance of their respective duties.
SECTION 2.Credit for Training:Participation in and successful completion
of special training courses including college extension or correspondence
courses may be considered in making advancements and promotions.Evidence of
such activity shall be filed by the employee with the Personnel Officer.
Employees participating in a training or college course, approved by the
Personnel Officer, shall receive time off with pay.
RULE XXII.REPORTS AND RECORDS
SECTION 1.Roster Cards:The Personnel Officer shall maintain a service or
roster card for each employee in the service of the city showing the name, title,
of position held, the department to which assigned, salary, changes in employment
status and such other information as may be considered pertinent.If the
employee moves or changes marital status, number of dependents, telephone
number or name, the employee should contact immediate supervisor or the
Personnel Officer at once.
SECTION 2. _Performance Evaluation:All employees oUthe City, except the
City Manager, clerk, attorney and magistrate shall be subject to performance
evaluations, on forms prepared by the Personnel Officer, upon each,anniversary'
date of their employment with the City.The department heads shall evaluate all
their employees and all department heads shall be evaluated by the Personnel
Officer.Probationary employees shall be evaluated after the first 30 and 90
days of employment and before the end of the probationary period.Each employee
performance evaluation report shall be reviewed with the employee and filed
with the Personnel Officer not later than five days after each anniversary date.
Employees shall be allowed to submit a written response to their performance
evaluation report.These reports shall remain a part of each employee's
personnel record for a period not to exceed five years and may be used in
consideration for determining transfers, promotions, demotions, dismissals or
lay-offs.
SECTION 3.Emeloyee Records:It is the policy of the City of Apache Junction
to keep employee personnel records confidential in the best interest of each
employee.Employee records that are considered to be public records are
available to anyone with an appropriate appointment and request.These records
include such information as an employee's name, date of hire, classification,
grade, present rate of pay and duties performed.Information obtained for
business use and contained in the personnel files is not a matter of public
record and should not be generally accessible to everyone.
Employee personnel records maintained by the City should be acessible to the
following:
A.City personnel as specifically designated in writing by the Personnel
)Officer to have a need for such information.
111.. The employee for review of his or her own individual personnel file;(this
should be by prearranged time and would not include removing, records from
•the Office ,or making, copies of any records),.
C.Personnel Board officials only when reviewing an employee grievance;
D.Personnel records that are subpoenaed;
E.Any person or organization that receives a signed written release
statement from the employee whose records are in question.
E.Develop and implement an information program designed to inform the
general public, minority group organizations and women organizations
of the equal employment policy and program effort.
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RULE XXIII.AFFIRMATIVE ACTION
For the purposes of the City of Apache Junction, an affirmative action program
shall mean analyzing the methods, procedures and results of the personnel
actions to determine whether otherwise qualified workers have been excluded
for reasons of race, religion, age, sex, physical handicap, color, national
origin or political or religious opinion or affiliation.In doing so, it means
taking every appropriate corrective action to bring about equal opportunity
in employment.
SECTION 1.Responsibilities:The City of Apache Junction shall initiate the
following responsibilities necessary to facilitate implementation of the ,
affirmative action program.
A.The Personnel Officer shall maintain a continuing review of all -rules and
•regulations of the City's personnel system so as to'detect'any illeial or
improper impediments to the employment or advancement of minority groups or
women.
.Review and evaluate operations periodically and obtain reports as necessary to
C.
determine the overall status of the City's equal'employment prograM.
Develop and implement a system for gathering statistical information on minor-
ity groups and women, showing their progress in moving into middle and upper
level positions inthis agency..
D.Promote the grievance procedure in these rules and regulations which provide
for promptness, fairness and impartial consideration of the complaint of
discrimination.