HomeMy WebLinkAboutORD401ORDINANCE NO,401
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE BY AMENDING CHAPTER 3 ADMINISTRATION,ARTICLE 3-10
PERSONNEL SYSTEM PERTAINING TO EXEMPT AND NON-EXEMPT
EMPLOYEES,OVERTIME COMPENSATION,DISCIPLINARY ACTIONS,
PROBATIONARY PERIODS,AND RENUMBERING TO CONFORM;REPEALING
ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
That Chapter 3 ADMINISTRATION,Article 3-10 PERSONNEL SYSTEM,be
amended to read as follows:
ARTICLE 3-10 PERSONNEL SYSTEM
A.That certain document entitled Personnel Policies,City of Apache
Junction,Arizona,be amended to read as follows:
RULE I .DEFINITION OF TERMS
SECTION 9."Compensatory Time":Time off given to non-exempt
employees within the same work period for work in excess of their
daily work hours.
SECTION 14 "Employee":Any person employed by the City except those
excluded by Rule II,Section 4,of these Rules and Regulations.
A.Probationary Employee:An employee who has been with the City for
less than a six month period as shown on the annual performance
review,and for whom said probationary period has been extended
for a time period not to exceed three (3)months.
B.Permanent Employee:An employee who has successfully completed
the minimum six (6)months probationary period in a permanent
position and has been permanently retained as hereafter provided
in these rules.
C.Temporary Employee:An employee hired either full-time or
part-time to a position which is temporary or limited in
character.Temporary employees are not eligible for Appeal Board
consideration,nor do they receive fringe benefits of the
permanent employee.
D.Part -Time Employee:An employee hired on a basis of less than
eight hours per day or less than 40 hours per week.
E.Exempt Employee:An employee in a salaried position who is exempt
from overtime provisions and who also cannot be docked for hours
worked less than eight (8)per day.
F.Non -Exempt General Employee:An employee hired at an hourly rate.
Includes all non -salaried employees with the exception of
certified police officers.
G.Non -Exempt Law Enforcement Employees:Any certified police
officer paid at an hourly rate.
SECTION 19."Overtime Work":Those hours in excess of the
established number of hours for the established work period.
A.Non -Exempt General Employees:Hours worked in excess of 40 hours
in an established seven day work period.
B.Non -Exempt Law Enforcement Employees:See Police Policies and
Procedures.
SECTION 24."Probationary Period":A working test period of not less
than six (6)months for all employees with the exception of certified
police personnel,and one (1)year for certified police personnel
during which time employees are required to demonstrate their fitness,
ability,and dedication for the duties to which they are appointed by
actual performance of the duties of the position.Said probation
period may be extended an additional three (3)month period with
Department Head and City Manager approval.
SECTION 36."Work Period":
A.Exempt Employees:The work period for a salaried employee shall
be the first day of the pay period through the last day of the pay
period.
B.Non -Exempt General Employees:A regularly recurring period of
seven consecutive days.Once the beginning of the work period has
been established i t remains fixed unless a change is made that is
intended to be permanent.
Non -Exempt Law Enforcement Employees:A period of between seven
and twenty-eight days to be determined by the department.Once
set,the work period is to remain constant and recurring.(Refer
to Police Policies and Procedures).
RULE VII.EMPLOYMENT LISTS
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 of the eligible person,i f
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
IV,Section 3,of these rules.The names of persons on promotional
employment lists who resign from the service shall automatically be
dropped from such lists.
RULES IX THROUGH XXV RENUMBERED TO CONFORM.
RULE IX.EXEMPT AND NON-EXEMPT PERSONNEL
SECTION 1.Assignment:At the time an individual begins employment
with the City he/she shall be assigned either an exempt or a
non-exempt status.This status will be determined by the actual
duties,responsibilities,and the level of authority exercised by the
position being filled.Unpaid trainees,independent contractors,and
volunteers such as board and commission members,reserve officers,and
library volunteers shall be excluded from this process because they
are not employees of the City.
SECTION 2.Exempt Employees:In order to be classified an exempt
employee the individual must meet all the outlined requirements of one
of the following categories:
A.Executive Positions:
1.The employee must be paid a salary $250 or more per week;and
2.The employee must customarily direct the work of two or more
employees;and
ORDINANCE NO.401
PAGE 2
3.The employee's primary duty must be the management of a
department or division.In addition to spending at least 50
percent of his/her time as a manager,other factors used to
determine whether or not an employee would be considered
exempt under this category include:
a.The relative importance of the managerial duties as
compared with the other types of duties;and
b.The frequency with which the employee exercises
discretionary powers;and
c.The relative freedom from supervision.
B.Administrative Positions:
1.The employee must be paid a salary of $250 or more per week;
and
2.The primary duty must consist of responsible office or
non -manual work directly related to management policies or
general business operations requiring the exercise of
discretion and independent judgement.
C.Professional Positions:
1.The employee must be paid a salary of $250 or more per week;
and
2.The employee's primary duty must consist of either work
requiring knowledge of an advanced type in a field of science
or learning;or artistic work that requires invention,
imagination,or talent in a recognized field of artistic
endeavor.
D.Recreational Establishment:
Seasonal employees participating in seasonal programs will qualify
as exempt employees.
One of the major distinctions between exempt and non-exempt employees
is that exempt employees must be salaried.A salaried individual
receives pay on a weekly,bi-weekly,semi-monthly,or monthly basis.
Additionally,a salaried employee cannot be docked for hours worked
less than eight (8)in a day.
SECTION 3.Non -Exempt Employees:Non-exempt employees are all paid
employees who do not meet the criteria established for exempt
employees.Individuals in these positions must be paid time and
one-half their regular rate of pay for all hours worked in excess of
the established number of hours for the established work period.
A.Non -Exempt General Employees:Consists of all non-exempt
employees with the exception of certified police officers.
Dispatchers,animal control officers,and police department
clerical personnel are also included in the General Employees
category.Non-exempt general employees shall be paid time and
one-half for all hours worked in excess of 40 during a consecutive
seven day work period.The first day of the work period shall be
defined by the department and may only be changed i f the change is
intended to be permanent.
B.Non -Exempt Law Enforcement Employees:Consists of non-exempt
certified police officers.The number of hours a non-exempt law
enforcement employee may work before he/she must be paid time and
one-half is outlined in detail in the Police Policies and
Procedures Handbook.
RULE X.PROBATIONARY PERIOD
SECTION 1.Regular Ap ointment Following Probationary Period for
All Positions Excluding Certified Law Enforcement Personnel:All
original appointments shall be tentative and subject to a probationary
period of not less than six (6)months actual service.The Department
ORDINANCE NO.401
PAGE 3
Head,in cooperation with the Personnel Officer,may establish a
longer probationary period not to exceed an additional three (3)
months.A six month written evaluation will be rendered without
exception.
Certified law enforcement personnel shall serve a twelve (12)month
probationary period.
RULE XI.ATTENDANCE AND LEAVES
SECTION 3.Sick Leave:Sick leave with pay shall be granted to all
permanent and probationary employees of the City after completing
thirty (30)days of employment.Sick leave shall not be considered as
a right which an employee may use at their discretion,but shall be
allowed only in cases of necessity and actual personal sickness or
disability.
Employees who become i l l 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.All permanent and probationary 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 will not be paid in
cash upon separation.Misuse of sick leave is cause for disciplinary
action as provided in Rule XII of these regulations.Employees who
have exhausted their sick leave may substitute their accumulated
vacation leave upon approval by the Department Head and Personnel
Officer.
In order to receive compensation while absent on sick leave,employees
shall notify their immediate supervisor prior to or within one hour
after the time set for beginning their daily duties.The employee,at
the discretion of the Department Head,shall be required to file a
physician's certificate to the Personnel Officer,through their
immediate supervisor,stating the cause of the absence.
Not more than three (3)days sick leave each calendar year may be
taken in cases in which an employee's presence is required elsewhere
because of death or illness of a member of the employee's immediate
family.The immediate family shall consist of the spouse,children or
parents (exceptions to the definition may be approved by the
Department Head)with the approval of the City Manager.
In any case in which an employee has been denied sick leave,the
Department Head,through the Personnel Officer,will document the
reasons for the decision and insert them in the employee's personnel
file.
Workmen's Compensation in Relation to Sick Leave:Employees are
covered by the City,under the Arizona State Workmen's Compensation
Act,against injuries and illnesses occurring in the course of City
employment.The law provides for payment of medical expenses and,
under certain circumstances,compensation for loss of income.To
establish entitlement,i t is mandatory that every job -related injury
or illness,regardless of severity,be immediately reported to the
supervisor and a written report prepared and submitted to the
Personnel Officer.
Workmen's Compensation,except for payment of medical expenses,shall
not be paid for the first seven (7)days after injury or illness.I f
the disability extends beyond the seven (7)day period,Workmen's
Compensation shall begin on the eighth day.I f i t continues beyond
the thirteenth day,compensation shall be computed and made
retroactive to the date of injury or illness.(These are standards
set by State Law.)
ORDINANCE NO.401
PAGE 4
During those periods when Workmen's Compensation is not provided by
the State,income,i f any,must be charged to the employee's accrued
sick leave or vacation leave i f all sick leave has been exhausted.
While the employee is on industrial leave as a result of a City job
injury or disease,he may,i f desired,be paid the difference between
his normal net take home pay and the amount received in Workmen's
Compensation.This difference will be converted to an equivalent
gross pay amount and can only be paid from accrued sick leave credits
or vacation leave credits,provided all sick leave credits have first
been exhausted.Normal deductions will be made from this equivalent
gross pay.
When i t is apparent that a City job -related injury or illness will
incapacitate the employee for a period of 14 or more days,the City
shall,i f requested and provided the employee signs over his Workmen's
Compensation,advance the employee up to ten (10)days salary.The
amount of the advance will equal the employee's normal net take home
pay.Upon receipt of compensation from the Workmen's Compensation
Fund,the advance must be refunded to the City.
No employee shall receive sick leave as a result of a job injury or
disease incurred while employed by someone other than the City of
Apache Junction.
The employee may be required to visit the City doctor periodically,
and at intervals set by the Personnel Officer,in order that the City
doctor may determine whether the employee is too ill or injured to be
able to work safely and whether the employee might endanger the
property or the health of other persons while performing job duties.
I f the City doctor determines an employee fit for duty,the employee
may no longer receive sick leave benefits from the City,and the City
industrial insurance carrier shall be notified immediately.An
employee who does not return to work under these circumstances may be
terminated.Status examinations in excess of one per week,required
by the Personnel Officer,conducted by the City doctor,will be
conducted at City expense.Nothing in this section shall be construed
to diminish the City Manager's authority to terminate the employment
of the employee as per Rule II.
Instructions governing Workmen's Compensation procedures shall be
established by administrative policy.
RULE XV.OVERTIME
SECTION 1.Policy:i t 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 peak workloads
requirements;and Department Heads and/or Supervisors are responsible
for the advance planning required to minimize the needs for overtime.
No employee shall be permitted or allowed to work overtime unless
authorized on a written form by the Supervisor through the Department
Head.Therefore,i f in the judgement of the Department Head,work
beyond the normal work period is required,the Supervisor through the
Department Head may authorize such work.
SECTION 2.Eligibility:
A.Exempt Employees:All employees assigned an exempt status shall
be excluded from payment of overtime hours.However,exempt
employees shall not be docked for hours worked that are less than
eight (8)on a given day.
B.Non -Exempt General Employees:All general employees assigned a
non-exempt status shall be paid an amount equal to one and
one-half times their regular hourly rate for time worked in excess
of forty (40)hours per work period.
ORDINANCE NO.401
PAGE 5
C.Non -Exempt Law Enforcement Employees:All certified police
officers assigned a non-exempt status shall be paid an amount
equal to one and one-half times their regular hourly rate for all
hours worked in excess of the established number of hours for
their established work period.
SECTION 3.Overtime Accrual:Credit shall be given for increments of
fifteen minutes or more.No overtime compensation shall be accrued
from one work period to another.
SECTION 4.Compensatory Time:Compensatory time must be taken within
the same work period that the corresponding extra hours were worked.
Compensatory time shall not be carried from one work period to the
next.
SECTION 5.Paid Leave Time:When a non-exempt employee is off on
paid leave time,such as sick leave,holiday,vacation time or jury
leave,and he/she is completely relieved of all duties,such time is
not hours worked for the purposes of calculating overtime obligations.
SECTION 6:"Volunteered"Work Time:
A.Emergency Situations:If,while off -duty,an employee performs
the duties of his or a similar position,the time he/she puts in
shall be considered hours worked for the purposes of calculating
overtime pay,except when the individual in charge of the
situation instructs the emergency volunteer to stay away.I f the
employee insists on helping out when specifically instructed not
to,the employee would not be entitled to be paid for those hours.
B.Non -Emergency Situations:No employee may begin work before the
appointed time,or work through lunches,nor work past the
appointed time without prior written authorization on the
appropriate form.Supervisors shall be responsible for the
enforcement of this policy.Employees are discouraged from being
at their work station more than 15 minutes before their appointed
starting time,during lunch,or 15 minutes past quitting time.
SECTION 7:Waiting Time:I f an employee has been assigned to wait
for something to occur,his waiting time will be counted as hours
worked;i f an employee arrives early,does not perform any work before
his/her shift starts,and merely waits to begin working,his/her
waiting time will not constitute hours worked.
A.Off -Duty Waiting Time:Periods during which an employee is
completely relieved from duty and which are long enough to enable
him/her to use the time effectively for his/her own purposes are
not hours worked.An employee is not completely relieved from
duty and cannot use the time effectively for his own purposes
unless he/she is definitely told in advance that he/she may leave
the job and that he/she will not have to commence work until a
definitely specified hour has arrived.
B.On -Call or Stand-by Time:I f an employee is restricted as to what
he/she can do or where he/she can go during stand-by time,those
hours shall be considered hours worked.I f the employee must have
a response time to his/her work station of less than one hour,
those hours shall be considered hours worked.I f an employee is
required to perform any work related duties during stand-by time,
the time will be hours worked.
An employee who is merely required to leave word where he/she can
be reached during on -call periods will not accrue hours worked for
those time periods.
ORDINANCE NO.401
PAGE 6
C.Meal Periods:I f the employee is not required to perform any
work,either active or inactive during his/her meal time the meal
time will not be considered hours worked.I f the supervisor is
aware that an employee is doing some work during a meal period,
the lunch period will be considered hours worked.Police Officers
who are subject to call during meal periods will have such time
considered hours worked.
D.Training Time:I f the City requires continuing education to
maintain a job,the hours of training or education will be counted
as hours worked for the purpose of overtime calculation.I f the
State requires continuing education for the maintenance of a
certificate or license,the time for training will not be
considered hours worked for the purposes of overtime calculation.
I f an employee,of his/her own initiative,attends an independent
school,college,or independent trade school after hours,the time
is not hours worked for the City even i f the courses are related
to the job.
E.Joint Employers:I f the facts establish that employment by the
City is not completely disassociated from employmoent by the other
employers,all of the employee's work for all of the joint
employers during the work period is considered one employment for
the purposes of calculating hours worked.Example:A police
officer is required to obtain permission from the Police Chief to
work security for a local department store.Intergovernmental
Agreements between the Police Department and other law enforcement
agencies would be included under this provision.(For specifics
relating to moonlighting within the Police Department see Police
Policies and Procedures.)
RULE XVII.TRANSFER,PROMOTION,DEMOTION,SUSPENSION,AND
REINSTATEMENT
SECTION 3.Demotion:The Supervisor,through the Department Head and
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 to the employee no less
than six (6)days before the effective date of the demotion.The
employee must receive advance written notice of the proposed action.
This notice must:
A.Include the date the demotion will be effective and the specific
grounds and particular facts upon which the action is predicated.
B.Inform the employee of his/her right to respond to the proposed
action and of his/her right to receive a copy of the written
materials alleged to support the action.
C.Advise the employee that he/she may appeal this decision to the
Supervisor of the disciplining supervisor within five days of
receipt of notification.
SECTION 4.Suspension:The Supervisor,through the Department Head
may suspend an employee from any position at any time for a
disciplinary purpose.Suspension without pay in excess of three days
shall require that the employee receive five (5)days advance written
notice of the proposed action.The notice must:
A.Include the date the suspension will begin and for how long a
period i t will last,along with the specific grounds and
particular facts upon which the action is predicated.
B.Inform the employee of his/her right to respond to the proposed
action and his/her right to receive a copy of the written
materials alleged to support the action.
ORDINANCE NO.401
PAGE 7
C.Advise the employee that he/she may appeal this decision to the
Supervisor of the disciplining Supervisor within five days of
receipt of notification.
Suspension without pay shall not exceed thirty (30)calendar days,nor
shall any employee be penalized by suspension for more than thirty
(30)calendar days in any fiscal year.Department Heads may suspend a
subordinate employee for not more than three (3)working days at any
one time,and not more than once in a 30 -calendar day period.
Suspensions over three (3)days shall be approved by the Department
Head and City Manager,and shall be reported immediately to the
Personnel Officer.
RULE XVIII.SEPARATION FROM THE SERVICE
SECTION 1.Dismissal:A permanent employee in the classified service
may be dismissed for cause by the Supervisor through the Department
Head and the Personnel Officer.Any permanent employee who is to be
dismissed shall be furnished with a written statement of intent to
terminate employment at least seven days prior to the effective date
of the proposed termination.The employee may be placed on
administrative leave with pay during the seven days between
notification of intent to terminate and the effective date of
termination if;in the opinion of the Supervisor,the Department Head,
and the City Manager the best interests of the City would be
jeopardized by the continued presence of the employee.The written
notice shall:
A.Include the intended date the proposed termination is to become
effective and the specific grounds and particular facts upon which
the action will be taken.
B.Inform the employee of his/her right to respond to the proposed
action and his/her right to receive a copy of the written
materials alleged to support the action.
C.Advise the employee that he/she may appeal this decision within
five days to the supervisor of the supervisor who made the
decision to terminate.
I f after appealing to the Supervisor,the decision to terminate
employment is upheld,the employee shall be entitled to a hearing i f
the employee so requests as provided in these rules,Rule XIX,Section
2.
Probationary or "at will"employees are not ordinarily entitled to the
above pre -action due process procedures.However,i f the supervisor
or the City discloses the reasons for the discharge of the
probationary or "at will"employee,the employee is legally entitled
to due process procedures where reasons are such that the employee's
reputation for honesty and integrity is stigmatized,and the employee
denies the validity of the reasons.
RULE XIX.GRIEVANCE PROCEDURES
SECTION 2.Matters Subject to Grievance Procedure:Permanent
employees in the classified service shall have the right to appeal a
decision affecting their employment over which the Personnel Officer
has partial or complete jurisdiction,with the exception of
suspensions,demotions,or dismissals,which shall be appealed
directly to the Personnel Board as provided in Rule XX.Employees
shall follow the directions in Section 4 of this Rule.This does not
apply to employees on probationary status.
ORDINANCE NO.401
PAGE 8
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III.PROVIDING FOR SEVERABILITY
I f 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.
SECTION IV.DECLARING AN EMERGENCY
I t being necessary for the preservation of the peace,health and
safety of the City of Apache Junction,Arizona,that this ordinance become
effective immediately,an emergency is hereby declared to exist and this
ordinance shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 2ND DAY OF JULY ,1985.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
City Attorney
ORDINANCE NO.401
PAGE 9
S
NORMAN S.HILL
Mayor