HomeMy WebLinkAboutORD1287ORDINANCE NO. 1287
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "CITY OF APACHE JUNCTION
PERSONNEL RULES"; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING. FOR PENALTIES
WHEREAS, the existing City of Apache JunctionReTspnnel Rules
need to be revised to reflect state and federal iaW:cpn.s,i .tency;
and
WHEREAS, Resolution No. 07-06 declares as pubLicrecprd the
document entitled "City of Apache Junction Personnel'-:RUles"i' and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
copies of the code or public record are filed in the office of the
clerk of the municipality and are made available for public use and
inspection; and
WHEREAS,pursuant to A.R.S.§§ 9-801(1)and 9-802,public
records may be adppted by reference include those relating to
personnel rules..
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That certain document known as "City of Apache Junction Personnel
Rules", three copies of which are on file in the office of the
City Clerk, which document was made a public record by Resolution
No. 07-06 of the City of Apache Junction, is hereby referred to,
adopted, and. made a part hereof as if fully set out in this
ordinance, pursuant to A.R.S. § 9-802.
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the provisions adopted
herein by reference are hereby repealed.
ORDINANCE NO. 1287
PAGE 1 OF 2
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the provisions or regulations 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 PROVIDING FOR PENALTIES
After the City exhausts all of its civil violation procedures as
referenced in the adopted regulations,any violation of any
provisions adopted herein,shall be punishable as a Class 1
Misdemeanor consistent with Apache Junction City Code, Chapter 1,
GENERAL,Article 1-8 PENALTY.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 6TH DAY OF FEBRUARY
2007.
SIGNED AND ATTESTED TO THIS 6TH DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
C-1-23-07
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1287
PAGE 2 OF 2
FEBRUARY ,2007.
DOUGLAS /COLEMAN
Mayor
C4 of ApE,(chs
Persocus.Rd
Apache Junction Personnel Rules
2007
CITY OF APACHE JUNCTION
PERSONNEL RULES
RULE 1.GENERAL PURPOSE, POLICY, AND OBJECTIVES .........................7
Section 1.Purpose ..........................................................................................7
Section 2.Policy ..............................................................................................7
Section 3. Objectives ........................................................................................7
Section 4.Applicability, Enforcement, and Interpretation of Personnel Rules 7
RULE 2.DEFINITION OF TERMS ......................................................................8
Section 1.Allocation ........................................................................................8
Section 2.Anniversary Date ............................................................................8
Section 3.Appointment ...................................................................................8
Section 5.Class ..............................................................................................8
Section 6.Classification Date ..........................................................................8
Section 7.Classification Plan ..........................................................................8
Section 8.Classified Service ...........................................................................9
Section 9.Compensatory Time .......................................................................9
Section 10.Creditable Time ............................................................................9
Section 11.Demotion Appointment .................................................................9
Section 13.Dismissal ......................................................................................9
Section 14.Eligible List ...................................................................................9
Section 15.Employee ....................................................................................10
Section 16.Job Specification .......................................................................10
Section 17.Lay-off ........................................................................................10
Section 18.Non -classified Service ................................................................10
Section 20.Performance Report ...................................................................10
Section 21.Human Resources Director ........................................................10
Section 22.Personnel Ordinance ..................................................................11
Section 23.Position .......................................................................................11
Section 24.Probationary Period ....................................................................11
Section 25.Promotion Appointment ..............................................................11
Section 26.Reallocation ................................................................................11
Section 27.Reclassification ...........................................................................11
Section 28.Reemployment Appointment.......................................................11
Section 29.Reinstatement Appointment .......................................................11
Section 30.Separation ..................................................................................12
Section 31.Sick Leave ..................................................................................12
Section 32.Suspension .................................................................................12
Section 33.Transfer Appointment .................................................................12
Section 34.Unpaid Absence .........................................................................12
Section 35.Vacation ......................................................................................12
Section 36.Written Reprimand ......................................................................12
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Section 37.Written Notice .............................................................................12
Section 38.Work Period ................................................................................13
RULE 3.GENERAL PROVISIONS ...................................................................14
Section 1.Equal Employment Opportunity ....................................................14
Section 2.Loyalty Oaths ................................................................................14
Section 3.Residency Requirements and Use of City Vehicle .......................14
Section 4.Compliance with the Immigration Reform and Control Act of 1986
...................................................................................................14
Section 5.Affirmative Action ..........................................................................15
RULE 4.RECRUITMENT AND SELECTION ...................................................16
Section 1.Policy Statement ...........................................................................16
Section 2.Application Forms .........................................................................16
Section 3.Recruitment and Selection Process ..............................................16
Section 4.Examination Results .....................................................................16
Section 5.Eligible Lists ..................................................................................16
Section 6.Hiring of Relatives ........................................................................17
RULE 5.APPOINTMENTS, STATUS, AND PROBATION ...............................18
Section 1.Types of Positions ........................................................................18
Section 2.Employee Status ..........................................................................19
Section 3.Attainment of Status .....................................................................19
Section 4.Probation ......................................................................................20
Section 5.Duration of Probation =20
Section 6.Effect of Status on Employee Rights and Privileges .....................21
Section 7.Types of Appointments .................................................................22
Section 8.Reassignments .............................................................................23
Section 9.Exempt and Nonexempt Personnel ..............................................23
RULE 6.CLASSIFICATION ..............................................................................24
Section 1.Adoption, Amendment, and Revision of Plan ...............................24
Section 2. Allocation of Positions ...................................................................24
Section 3.Reallocation of Positions ..............................................................24
Section 4.Creation, Abolishment and Reclassification of Positions ..............24
RULE 7.EMPLOYEE RECORDS -- ........................................................................26
Section 1.Policy ............................................................................................26
Section 2.Accessibility ..................................................................................26
Section 3.Contents of Personnel File ...........................................................26
RULE 8.ATTENDANCE AND LEAVES ...........................................................27
Section 1.Attendance ...................................................................................27
Section 2.Annual Vacation Leave .................................................................27
Section 3.Sick Leave ....................................................................................28
Section 4.Worker's Compensation ...............................................................30
Section 5.Military Leave ...............................................................................30
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Section 6.Leave of Absence without Pay .....................................................30
Section 7.Leave with Pay .............................................................................31
Section 8.Jury Leave ....................................................................................31
Section 9.Subpoena Leave ..........................................................................31
Section 10.Administrative Leave ..................................................................31
Section 11.Bereavement Leave ...................................................................31
Section 12.Paid Holidays ..............................................................................32
Section 13.Rest Periods ...............................................................................32
Section 14.Family and Medical Leave Policy ...............................................32
RULE 9.OVERTIME .........................................................................................39
Section 1.Policy ............................................................................................39
Section 2.Exempt and Non -covered Employees ..........................................39
Section 3.Work Period ..................................................................................39
Section 4.Overtime Accrual ..........................................................................40
Section 5.Hours Worked ...............................................................................40
Section 6.Travel Time ...................................................................................42
Section 7.Paid Leave Time ...........................................................................42
Section 8.Substitution of Work Hours between Employees ..........................43
Section 9.Compensatory Time in Lieu of Overtime Payment .......................43
Section 10.Payment of Compensatory Time at Termination of Employment 44
RULE 10.PERFORMANCE REPORT ..............................................................45
Section 1.Purpose ........................................................................................45
Section 2.Performance Reporting Requirement During Probation ...............45
Section 3.Performance Reporting Requirements Following End of Probation
...................................................................................................45
Section 4.Unsatisfactory Ratings ..................................................................46
Section 5.Grievance and Appeals Relating to Performance Reports ...........46
Section 6.Procedure when Anticipated Rating will be Unsatisfactory ...........46
Section 7.Salary Increase .............................................................................46
RULE 11.DRUG -FREE WORKPLACE POLICY ..............................................47
Section 1.Purpose ........................................................................................47
Section 2.Policy Statement ...........................................................................47
Section 3.Definitions .....................................................................................47
Section 4.Over-the-counter or Prescribed Medications ................................48
Section 5.Applicants and Employees Subject to Testing ..............................48
Section 6.Policy Violation .............................................................................50
Section 7.Effect of Failure to Comply with Policy .........................................50
Section 8.Employee and Applicant Consent Form .......................................50
Section 9.Rehabilitation ................................................................................50
Section 10.Searches ....................................................................................51
Section 11.Confidentiality .............................................................................51
Section 12.Employee Responsibilities ..........................................................51
Section 13.Management Responsibilities .....................................................52
Section 14.Drug and Alcohol Testing Methodology ......................................52
Apache Junction Personnel Rules
2007
Section 15.Procedures .................................................................................
Section
RULE 12.
Section
Section
Section
Section
Section
RULE 13.
Section
Section
Section
Section
RULE 14.
Section
16.Commercial Driver's License Holders .........................................
POLICY AGAINST HARASSMENT .................................................54
1.Policy Statement ...........................................................................54
2.Initiating a Complaint ....................................................................55
3.Investigation Procedure ................................................................55
4.Discipline ......................................................................................56
5.Reprisals Prohibited .....................................................................56
POLICY AGAINST VIOLENCE IN THE WORKPLACE ...................57
1.Policy Statement ...........................................................................57
2.Prohibitions ...................................................................................57
3.Applicability ...................................................................................57
4.Initiating a Complaint ....................................................................57
FRATERNIZATION POLICY ............................................................58
1.General Information ......................................................................
Section 2.Prohibitions ...................................................................................
Section
RULE 15.
Section
Section
Section
Section
Section
Section
Section
RULE 16.
Section
Section
Section
Section
Section
Section
Section
3.Reporting Requirements
POLITICAL ACTIVITIES ...
53
53
58
58
58
59
1.Purpose ........................................................................................59
2.Policy Statement ...........................................................................59
3.City Council Elections ...................................................................59
4.Other Candidate Elections ............................................................60
5.Retaliation Prohibited ...................................................................61
6.Other Permitted Activity ................................................................61
7.Protection of Civil Liberties ...........................................................62
DISCIPLINE ......................................................................................63
1.Disciplinary Actions ......................................................................63
2.Grounds for Discipline ..................................................................63
3.Written Reprimands ......................................................................64
4.Pre -Disciplinary Meeting ...............................................................64
5.Taking Disciplinary Action ............................................................66
6.Notices of Suspension, Demotion, or Dismissal ...........................66
7.Effect of Technical Omissions ......................................................67
RULE 17.GRIEVANCE AND APPEAL PROCEDURES ..................................68
Section 1.Purpose of Grievance and Appeal Procedures .............................68
Section 2.General .........................................................................................68
Section 4.Grievance Procedure ....................................................................69
Section 5.Time Computation ........................................................................70
Section 6.Appeal Procedure .........................................................................71
Section 7.Time Extension .............................................................................72
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RULE 18.RULES FOR HEARINGS BEFORE A HEARING OFFICER ............73
Section 1.Hearing Officer .............................................................................73
Section 2.Right of Appeal .............................................................................73
Section 3.Time of Hearing ............................................................................73
Section 4.Pre -Hearing Statements ...............................................................73
Section 5.Pre -Hearing Conference ...............................................................74
Section 6.Subpoenas ...................................................................................74
Section 7.Continuances ................................................................................75
Section 8.Appeal Hearings ...........................................................................75
RULE 19.SEPARATION OTHER THAN DISMISSAL .....................................78
Section 1.Layoff ............................................................................................78
Section 3.Resignation ...................................................................................79
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Rule 1.General Purpose, Policy, and Objectives
Section 1.Purpose
To establish City of Apache Junction Personnel Rules.
Section 2.Policy
The Personnel Rules are enacted to meet the following goals:
1. To provide a uniform system of personnel administration;
2. To promote communication among Department Directors,
supervisory staff, and employees;
3. To ensure, protect and clarify the rights and responsibilities of
employees.
Section 3. Objectives
These Rules are enacted to ensure the following:
1.That recruitment and selection for classified service positions are
competitive with final appointment predicated on job -related
knowledge, ability, skills and qualifications;
2.That classifications reflect the responsibility and difficulty of the
work and competitive position with respect to the labor market;
3.That involuntary separation of career status employees be for
cause;
4.That no unlawful discrimination be practiced.
Section 4.Applicability, Enforcement, and Interpretation of
Personnel Rules
These Rules shall apply to all City of Apache Junction employees
excluding elected officials.The Human Resources Director is responsible
for the interpretation and enforcement of the personnel rules.
Apache Junction Personnel Rules
2007
Rule 2.Definition of Terms
The following terms, whenever used in the rules, shall be defined as
follows:
Section 1.Allocation
The assignment of a position to its proper class in accordance with the
duties performed and the authority and responsibilities exercised.
Section 2.Anniversary Date
Annual reoccurrence of the date on which an employee was hired.
Section 3.Appointment
The act of filling a position.
Section 4. Career Status
Employees who are not temporary, seasonal, or contractual and who
serve a probationary period.
Section 5.Class
A position or group of positions sufficiently similar in duties and
responsibilities that the same or similar requirements for education,
experience, knowledge, ability, and other qualifications may be demanded
of the occupants so that the same compensation schedule can be applied
with equity.,
Section 6.Classification Date
Annual reoccurrence of the date on which an employee was appointed to
a position.
Section 7.Classification Plan
The orderly arrangement of positions under separate and distinct classes
on the basis of current duties.
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Section 8.Classified Service
All positions in the City service except for those positions in the non-
classified service.
Section 9.Compensatory Time
Those hours worked in excess of the established number of hours for the
established work period and accrued, rather than compensated as
overtime,in the employee's compensatory bank to be used for authorized
time off.
Section 10.Creditable Time
That period of service during which sick leave and vacation time accrue.
Section 11.Demotion Appointment
The movement of an employee from a position in one class to a position in
another class assigned a lower salary group.
Section 12.Department Director
Those officers or employees who are appointed and/or employed as the
principal employee of a department or stand alone division for the
discharge of duties provided by law or of a particular delegated function as
indicated on the organizational chart.
Section 13.Dismissal
An employee's separation from employment for cause.
Section 14.Eligible List
A list of names of persons who have applied for employment in the
classified service and who have qualified for consideration by
demonstrating their fitness for such employment.
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Section 15.Employee
A person who is paid a wage, salary, or stipend from public monies in
accordance with official entries on the City payroll except for City Council
members.
Section 16.Job Specification
A written statement of the characteristic duties, responsibilities and
qualification requirements that distinguish a given class from other
classes; more commonly referred to as job description.
Section 17.Lay-off
The separation of an employee occurring when a position in the classified
service has been abolished.
Section 18.Non -classified Service
Positions in the City service which have been designated as non -classified
because of the nature of appointment and/or responsibilities.The City
Manager, City Attorney, Presiding Magistrate, Police Chief and City
Council positions are non -classified positions.Seasonal, intermittent, and
contractual positions are also non -classified service positions.
Section 19.Overtime Work
Those hours in excess of the established number of hours for the
established work period.
Section 20.Performance Report
The periodic evaluation of an employee's work.
Section 21.Human Resources Director
The Human Resources Director administers the provisions of the
Personnel Policies not specifically reserved to the City Council, the City
Manager, or the Hearing Officer.The Human Resources Director is
responsible for the administration of the merit system. This includes, but is
not limited to, interpreting personnel rules and regulations, authority to
review hiring, firing, transferring, promoting, demoting, suspending, and
reinstating employees, management of the classification and
compensation system, the performance evaluation system and
maintenance of employee records.
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Section 22.Personnel Ordinance
An ordinance, that creates a personnel system for the
City of Apache Junction, Arizona.
Section 23.Position
An aggregation of tasks and responsibilities requiring the services of one
person.
Section 24.Probationary Period
A specific period of time following an initial, promotional, re-employment,
transfer or demotion appointment which is a work -test period for the
employee and during which the employee is on a trial basis.
Section 25.Promotion Appointment
The appointment of an employee from a position in one class to a position
in another class with a higher salary group assignment.
Section 26.Reallocation
The process of assigning a filled position to its proper class on the basis of
the duties performed and the responsibilities exercised.
Section 27.Reclassification
The process of allocating positions to a more appropriate class whether
new or already created in the classification plan as a result of material
changes in the duties of the position.
Section 28.Reemployment Appointment
The reemployment of a former employee during the twelve (12) months
immediately following the employee's separation from the classified
service.
Section 29.Reinstatement Appointment
The appointment of a person who has been laid off and which is made as
a result of his/her former position being reinstated in the classified service.
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Section 30.Separation
The termination of employment by reason of unsatisfactory completion of
the probationary period, lay-off, resignation, retirement, dismissal, or
death.
Section 31.Sick Leave
Time off with pay granted by the City to career status and probationary
employees who regularly work in excess of 19 hours per week for illness
or physical incapacity of the employee or the illness of a member of the
employee's immediate family which requires the personal care or attention
of the employee.
Section 32.Suspension
The temporary separation from employment of an employee with or
without pay for disciplinary purposes.
Section 33.Transfer Appointment
The movement of an employee from a position in one class to another
position in the same class or comparable class.
Section 34.Unpaid Absence
An absence other than one resulting from the use of accrued vacation or
sick leave, holidays, paid emergency absences, or other authorized paid
leaves of absence; commonly referred to as "no pay".
Section 35.Vacation
Time off with pay granted to the employees at the convenience of the City.
Section 36.Written Reprimand
Written notice issued to an employee, are often considered the first step in
the formal discipline process.
Section 37.Written Notice
A written communication delivered in person or by mail.
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Section 38.Work Period
A fixed and regularly recurring period upon which overtime compensation
may be calculated.
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Rule 3.General Provisions
Section 1.Equal Employment Opportunity
The City of Apache Junction provides equal employment opportunities, in
accordance with applicable local, state and federal laws, to all employees
and applicants for employment without regard to race, color, religion, sex,
national origin, age, or disability.
Section 2.Loyalty Oaths
All employees are required to sign a loyalty oath (Oath of Office) upon
employment with the City as required by § 38-231 of the Arizona Revised
Statutes.
Section 3.Residency Requirements and Use of City Vehicle
All employees are encouraged to reside within the corporate limits of the
City of Apache Junction.
With the exception of key emergency personnel, certified police officers
are required to live within a 25 -minute response time to the police
department.Key emergency personnel shall be required to live within a
15 -minute response time to their work location.
The City Manager, City Attorney, Director of Public Safety/Police Chief,
Police Division Commanders, Public Works Ddirector and other persons
the City Manager may specify are designated to be key emergency
personnel and shall have the use of a City vehicle regardless of residency
provided they reside within a 15 -minute response time to their workplaces.
No employee, other than key emergency personnel, who resides outside
the corporate limits of the City, shall have the use of a city vehicle for other
than regular working hours.
Section 4.Compliance with the Immigration Reform and Control Act
of 1986
All U.S. employers are responsible for completion and retention of Form I-
9 for each individual they hire for employment in the United States. This
includes citizens and noncitizens. On the form, the employer must verify
the employment eligibility and identity documents presented by the
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Apache Junction Personnel Rules
2007
employee and record the document information on the Form 1-9.
Acceptable documents are listed on the back of the form.If proper
documentation is not received within three (3) business days of the date of
hire, the employee shall be terminated.
Section 5.Affirmative Action
In the City of Apache Junction, an affirmative action program means using
a personnel system designed for inclusion of otherwise qualified workers
in personnel actions, regardless of race, religion, age, sex, physical
handicap, color, national origin, or political or religious opinion or affiliation.
The City utilizes both external and internal dissemination of EEO policies
and job opportunities, targeted recruitment if necessary, non -preferential
training programs and internal reviews and evaluation of operations.
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Rule 4.Recruitment and Selection
Section 1.Policy Statement
Career status employees who applyfor vacant positions and who meet the
minimum qualifications of the position will be considered for appointment.
Appointments are based upon fitness for the position.
Section 2.Application Forms
All applicants for classified service positions must complete an application
form prescribed by the City.Applications must be signed by the person
submitting the application and become the property of the City.
Section 3.Recruitment and Selection Process
The City may recruit applicants for vacant positions from outside the
classified service and from within the classified service simultaneously if it
is in the best interests of the City to do so.Any employee with career
status and who meets the minimum qualifications for the position may
apply for appointment to a vacant position.Probationary employees may
apply for appointment to a vacant position with the approval of their
department director.
The selection process may consist of, but is not limited to, evaluation of
application material, oral interviews, written examinations, performance
tests, assessment centers, physical ability tests, probationary periods or
any other appropriate measure of fitness.
Section 4.Examination Results
Each candidate in an examination shall be given notice of examination
results.Candidates may inspect their own examination papers.
Section 5.Eligible Lists
Eligible lists shall remain active for six (6) months, or until exhausted,
whichever comes first, and may be extended prior to its expiration date by
action of the Human Resources Director.-In no event shall an eligible list
remain active for more than 18 months.
The name of any person appearing on an eligible list shall be removed by
the Human Resources Director if the person whose name is on the list
makes written request to have it removed, or if the eligible person fails to
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Apache Junction Personnel Rules
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respond to a notice of eligibility mailed to the last known address of
record.
Section 6.Hiring of Relatives
The City shall not permit career status employees related by blood or
marriage to the degree as follows:parent, spouse, child, grandparents,
grandchildren, brother, sister (of the one-half as well as the whole), uncle,
aunt, niece, nephew, first cousin, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother -in law, or sister-in-law to work in the same
department.This rule applies to any other relationship which may be
construed to have similarities to either blood or marital relationships,
i.e. adoption, gurardianship, etc.
Seasonal, intermittent, contractual and temporary employees may work
within the same department so long as one of the relationships as defined
above are not, or will be,in the seasonal, intermittent, contractual or
temporary's supervisory chain -of -command.
If one or more of the relationships outlined above are created by City
employees working in the same department, one or more of the
employees will be transferred to a position in the City for which they
qualify.If there is an immediate vacant position in which to transfer, the
transfer will take place at the earliest practical date.If two people working
within the same department marry, one of them shall be transferred or
relocated within the City as soon as practical to ensure they do not work
within the same department.All family relationships existing within the
same department prior to December 1986 shall be drandfathered.
No person related by blood or marriage as defined above, of an active
City Council member or the City Manager, shall be employed by the City
of Apache Junction.
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Rule 5. Appointments, Status, and Probation
Section 1.Types of Positions
All positions in the City service shall be identified by the following two (2)
characteristics:A) Duration and B) Position
A.Duration
The duration of each position in the City service shall be
determined by one of the following definitions:
1.Unlimited position.
A position which has no specified ending date.
2.Limited position
A position that has a specified ending date.Examples are
positions created to replace an employee on leave without
pay or positions created to meet a seasonal need.
B.Position Characteristics
Each position in the City service shall be identified by one of the
following categories:
1.Full-time
A full-time position is -one in which an employee is generally
scheduled to work forty (40) hours per week.
2.Part-time
A part-time position is one in which an employee is generally
scheduled to work less than forty (40) hours per week.
3.Seasonal
A seasonal position is one in which an employee is
employed to meet regular recurring seasonal needs.
4.Intermittent, Temporary, or Per Diem
An intermittent, temporary, or per diem position is one in
which an employee works as needed and which requires a
large degree of flexibility in the number of hours worked
either on a daily, weekly, monthly, or annual basis.
5.Contractual
A contractual position is one in which an employee receives
compensation and other benefits as provided for an
individual contract negotiated between the employee and the
City.
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Section 2.Employee Status
Every employee in the City service shall hold one of the following status
identifications determined by position characteristics, probation
requirements, or both:
A.Initial probationary status
B.Career status
C.Transitional probationary status
D.Non -career status
Section 3.Attainment of Status
A.Initial probation
Every person when first appointed or re-employed to a full-time or
part-time City service position shall hold initial probationary status
for the probationary period required for the position.
B.Career
Employees attain career status through successful completion of
the probationary period as evidenced by an end of the probationary
notification.
An employee promoted while on initial probation shall attain career
status in the former position upon satisfactory completion of the
number of months required in that former position.In order to
achieve career status in the position to which promoted, the
employee shall serve the remaining probationary period required
for that position in transitional probationary status.
Transitional probation
Every career status employee who is promoted, transferred or
voluntarily demoted shall hold transitional probationary status for
the full probationary period of the new position where a
probationary period is required.
D.Non -career
Employees in the City service who are appointed to limited,
intermittent, seasonal, or contractual positions shall hold non -career
status for the duration of the appointment and shall not serve a
probationary period.Non -career status employees include the City
Manager, City Attorney, Police Chief, and Presiding Magistrate.
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Section 4.Probation
Probationary periods shall be regarded as integral parts of the recruitment and
selection process and shall be utilized for close observation of the employee's
work, performance of duties, job dedication and for securing the most effective
adjustment of a new employee to the position and to separate or demote an
employee whose performance does not meet required standards in accordance
with the following:
A.Separation during initial probation
An employee in initial probationary status may be separated at any time
without cause and without right of appeal.After discussion with, and
recommendation of the Human Resources Director, the Department
Director is responsible for notifying the probationer and the Human
Resources Director of an employee's separation, probation extension or
attainment of career status. Notification to the Human Resources Director
shall be at least two (2) weeks prior to the action and completion of the
probationary period.
B.Separation during transition probation
An employee in transitional probationary status may be separated if the
employee does not perform satisfactorily during the transitional
probationary period.An employee in transitional probationary status has
no right to return to his/her former position.
The Department Director is responsible for notifying the probationer and
the Human Resources Director of successful or unsuccessful completion
of probation.
Section 5.Duration of Probation
The minimum period of probation shall be six (6) months actual service
except for certified law enforcement officers who shall have a minimum
probationary period of one year.At the request of a Department Director,
the Human Resources Director may approve the extension of a
probationary period up to six (6) months actual service if the Human
Resources Director considers an extension is in the best interest of the
City.
Probationary periods are required for transfers, promotions, and voluntary
demotions unless waived by the Department Director and Human
Resources Director.
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For the purposes of the section, actual service shall be measured in
calendar days, irrespective of whether the position has a full-time or part-
time work schedule.
Section 6.Effect of Status on Employee Rights and Privileges
A.Employees in Initial Probationary Status
An employee in initial probationary status:
1.May be separated or demoted at any time for any reason without
cause except for unlawful discrimination as defined in Rule 17,
Grievance and Appeal Procedures;
2.May not grieve or appeal any decision relating to his or her
employment, including dismissal, except for alleged unlawful
discrimination as provided in Rule 17,Grievance and Appeal
Procedures.
B.Employee in Career Status
An employee in career status:
1.May be disciplined or dismissed only for cause;
2.May file a grievance or appeal for the reasons specified in Rule 17,
Grievance and Appeal Procedures.
3.May receive reinstatement appointments without serving a new
probationary period.
C.Employees in Transitional Probationary Status
An employee in transitional probationary status and who has
completed an initial probationary status has the rights and privileges of
an employee in career status.
D.Employees in Non -career Status
An employee in non -career status
1.May be separated at any time;
2.May not grieve or appeal any employment decision or action under
these rules except on grounds of unlawful discrimination as defined
in Rule 17,Grievance and Appeal Procedures.
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Section 7.Types of Appointments
A.Initial Appointment
The initial appointment of a person outside the City service to a position in
the City service.
B.Promotion Appointment
The appointment of an employee from a position in one class to a position
in another class assigned a higher salary group.
C.Reinstatement Appointment
The appointment of a person who has been laid off from a classified
position and which is made as a result of his or her former position being
reinstated in the City service.
D.Re-employment Appointment
The re-employment of a former employee during the twelve (12) months
immediately following the employee's separation from the City service.
E.Transfer Appointment
The movement of an employee from a position in one class to another
position in the same or comparable class.
No employee shall be transferred to a position for which the employee
does not possess the minimum qualifications.If the transfer involves a
change from one department to another, both Department Directors must
consent.
F.Demotion Appointment
The movement of an employee from a position in one class to a position in
another class assigned a lower salary group.
1.A Department Director may demote an employee whose ability to
perform required duties falls below standard or for disciplinary
purposes.Written notice of the demotion shall be in accordance
with Rule 16, Discipline, Section 4,Pre -disciplinary Meeting.
2.An employee may voluntarily demote to a lower level position
provided the employee Meets the minimum qualifications for the
position and the affected Department Directors consent to the
demotion.
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Section 8.Reassignments
A Department Director may assign or reassign an employee at any time to
any position within the employee's classification in the same department
except that a reassignment shall not affect the status of the employee
involved.
Section 9.Exempt and Nonexempt Personnel
At the time an individual begins employment with the City he/she shall be
designated exempt or nonexempt in accordance with the Fair Labor
Standards Act (FLSA).Unpaid trainees, independent contractors, and
volunteers such as board and commission members, police, park and
recreation, public works and library volunteers shall be excluded from this
process because they are not employees of the City.
A.Exempt Employees
Executive, administrative, or professional employees who meet the
criteria established by the FLSA as amended, are exempt from
overtime pay.Notwithstanding any other provision of these Personnel
Rules or any other policy of the City of Apache Junction, all executive,
administrative and professional employees shall receive a salary that is
not subject to deduction for absences of less than one (1) day unless
those absences are covered by the Federal Family and Medical Leave
Act (FMLA) or unless the deduction is a penalty or disciplinary
measure taken for infractions of safety rules of major significance.
B.Nonexempt Employees
Nonexempt employees are paid employees who do not meet the FLSA
criteria for exempt employees.Individuals in these positions must be
compensated at time and one-half their regular rate of pay for all hours
worked in excess of the 40 within the designated seven-day work
period.Nonexempt employees shall be compensated for overtime in
accordance with Rule 9,Overtime.
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Rule 6.Classification
Section 1.Adoption, Amendment, and Revision of Plan
A classification plan adopted by the City council shall be maintained by the
Human Resources Department and may be amended from time to time by
resolution of the City Council.Requests for amendments and revisions to the
classification plan are presented to the City Council by the Human Resources
Director or his/her designee through the City Manager.
Section 2. Allocation of Positions
The Human Resources Director is responsible for allocating every position in the
classified service to one of the classes established by the plan.
Section 3.Reallocation of Positions
A filled position may be reallocated or reclassified from one class to another
class on an individual basis by the Human Resources Director under the
following circumstances:
A.Significant changes have occurred in the level of duties and
responsibilities of the position, rather than changes in the performance of
the incumbent; and
B.Such change has been gradual,rather than resulting from assignments to
a specific employee in a short period of time; and
C.Such changes in duties and responsibilities are of a permanent nature.
D.The Department Director or an incumbent may request a review of the
position by the Human Resources Director.The determination of the
Human Resources Director of the appropriate class shall be final and is
not subject to the grievance or appeal procedure.
Reallocation shall not be used for the purpose of avoiding restrictions concerning
demotions and promotions.
Section 4.Creation, Abolishment and Reclassification of Positions
Creation, abolishment, and reclassification of positions in salary group 60 and
above may be initiated by the Human Resources Director to the City Council
through the City Manager.The City Council will amend the classification plan as
appropriate.
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In response to city staffing needs, the City Manager has the authority to modify
the classification plan for positions in salary group 59 and below; such action
shall not negatively impact the City's budget.
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Rule 7.Employee Records
Section 1.Policy
Employee records will be kept confidential except as required by State or Federal
law.
Section 2.Accessibility
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, salary
group, rate of pay, and duties performed.Information obtained for business use
and contained in the personnel files is not a matter of public record and are not
generally accessible to everyone.
Employee personnel records maintained by the City should be accessible to the
following:
A.City Manager, Human Resources department staff, employee department
director and supervisor.
B.The employee for review of his/her own individual personnel file.Such
review shall be by prearranged time with the Human Resources
Department.Employees shall not remove any records from the office but
may obtain copies of records.
C.Legal representatives of the employee and the City including a hearing
officer.
D.Personnel records that are subpoenaed.
E.Any person or organization with a signed written release statement from
the employee.
Section 3.Contents of Personnel File
No documents pertaining to discipline shall be placed in any employee's
personnel file without the prior knowledge of the employee and the employee's
Department Director.This shall not be construed to mean "agreement of
employee."Employees may place into their personnel file their written response
to any evaluation, report, disciplinary action, or other documentation put into the
file by the City.Such written response shall be submitted to the Human
Resources Department.The response shall be placed in the employee's file
attached to the appropriate city document.
Status Changes:It is the responsibility of the employee to keep the Human
Resources Department informed of his/her current address and telephone
number as well as any change in marital status or number of dependents.
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Rule 8.Attendance and Leaves
Section 1.Attendance
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays, and leaves.All departments shall keep daily
attendance records of employees.An employee shall be considered absent
without leave when absent for three (3)or more working days without
authorization for leave, and is automatically considered to have resigned except
when extenuating circumstances are found to have existed.
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.
B.Employees who work on a volunteer basis.
C.Employees who work less than 1,040 hours per year.
Upon completion of six (6) months of actual service, each eligible employee shall
be credited with forty-eight (48) hours of vacation and shall accrue thereafter
vacation at the rate specified in this rule.All vacation leaves are to be taken at
the convenience of the Department and shall be approved in writing in advance
by the Department Director or his/her designee.
Vacation credits shall not be allowed to accumulate in excess of 320 hours at the
first of January of any calendar year.Any carryover of vacation credits in excess
of 320 hours at the first of any calendar year becomes void at that time.It is the
responsibility of the employee to schedule his/her vacation time in compliance
with departmental workloads and needs.
In cases where employees are unable to use accrued vacation due to
department workload, an exception may be made with Department Director and
City Manager approval.The annual vacation leave policy is as follows:
1 year -4 years 96 hours
5 years -9years -•120 hours
10 years -14 years 144 hours
15 years or more 192 hours
Leave credits will be pro -rated for employees who work between 1,040 and 2,080
hours annually.
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Section 3.Sick Leave
Employees who become ill or are injured are entitled to sick leave with pay in
accordance with the provisions set forth in this section.
A.Accrual
All career status and probationary full-time employees accrue sick leave at
the rate of eight (8) hours per calendar month up to a maximum of 1,040
hours.
B.Use of Sick Leave
Sick leave for reasons other than those covered by Section 13, Family and
Medical Leave Policy (FMLA), may be taken in accordance with the
following:
1.The employee must have completed thirty (30) days of employment
before sick leave can be granted.
2.In order to receive compensation while absent due to illness,
employees shall notify their immediate supervisor prior to or within one
hour after the time set for beginning their daily duties.Department
Directors may establish written sick leave reporting procedures which
differ from this standard for their department or specific division/units
within their department or for individual employees in order to meet
departmental program needs or workloads.
3.No more than three (3) days of sick leave each calendar year may be
taken in cases in which an employee is absent for reasons of illness or
injury, dental, optical or medical appointments, quarantine regulations
and serious illness in the immediate family requiring care and
attendance by the employee or when through exposure to a
contagious disease a physician certifies that the employee's presence
at place of duty jeopardizes the health of others.
Immediate family includes parents, spouse, children, brother, sister,
grandparents, grandchildren or any relative who is an actual member
of the employee's household.
4.Employees whO have exhausted their sick leave may substitute their
accumulated vacation leave upon approval by the Department Director
and Human Resources Director.
5.Sick leave shall not be granted in advance of accrual.
6.When the employee has returned to work the employee shall submit
an Authorization for Leave form to his/her immediate supervisor.
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7.No employee shall receive sick leave as a result of a job injury or
illness incurred while employed by someone other than the City of
Apache Junction.
C.Investigation of Sick Leave
1.Department Directors may investigate the alleged illness of an
employee absent on sick leave.False or fraudulent use of sick
leave shall be cause for disciplinary action and may result in
dismissal.
2.A Department Director may require submission of evidence from a
licensed health-care practitioner substantiating the need for sick
leave.If the Department Director determines the evidence is
inadequate, the absence shall be charged to another category of
leave or considered an unauthorized absence.
D.Employer -initiated Exam
A department director, with the approval of the Human Resources
Director, may require an employee to be examined by a licensed health-
care practitioner designated by the Human Resources Director if the
department director has reason to believe the employee should not work
due to illness, injury or performance issues that may relate to fitness for
duty.
If the licensed health-care practitioner determines that the employee
should not work due to illness or injury, the department director may place
the employee on sick leave, or if the employee's sick leave is exhausted,
on other leave as appropriate.
If the licensed health-care practitioner determines that the employee
cannot perform the essential functions of his/her regular class, the
department director and Human Resources Director will investigate
possible reasonable accommodation for the employee.The department
director may require the employee to obtain approval from the licensed
health-care practitioner prior to the employee's return to his/her former
class.The City pays for all examinations required pursuant to this
Subsection "D".The employee shall not be charged any leave credits
while participating in or traveling to or from any examination required
pursuant to this Section "D".
E.Sick Leave Buy-back
The City offers a payout upon retirement, employee death and in
instances of resignation of employment.The payout consists of paying 50
percent of the value of all accumulated sick leave over 320 hours and
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under 640 hours; and paying 25 percent of the value of sick leave hours
between 640 and 1040 hours inclusive.
F.Donation of Sick Leave Hours between Employees
Employees who wish to assist co-workers during times when those co-
workers have FMLA qualifying events or deaths as defined under Section
11 of these rules, may donate sick or vacation leave hours to the
Employee Emergency Fund.Administrative Procedures establish the
method for accessing the fund and how repayment to the fund will be
made.
Section 4.Worker's Compensation
Employees who sustain a job -related disability that is compensable under the
Arizona Worker's Compensation law are covered by the provisions of that law.
The law provides for payment of medical expenses and, under certain
circumstances, compensation for loss of income.To establish entitlement, it is
mandatory that every job -related injury or illness, regardless of severity, be
reported immediately to the employee's supervisor, the supervisor shall submit a
written report (Supervisor Report of Work Related Injury) as soon as possible to
the Human Resources Department.
Instructions governing worker's compensation procedures are established by
administrative policy.
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 department director, through the Human Resources Director, may grant an
employee a leave of absence without pay for not more than three (3) months in a
12 -month period.No such leave shall be granted except upon written request of
the employee, which sets forth the reason for the request.The approval shall be
in writing.Ten (10) days prior to the expiration of a regularly approved leave or
within ten (10) calendar days after notice to return to duty, the employee shall be
reinstated to the position held at the time leave was granted.Failure on the part
of an employee on leave to report to duty upon expiration of the leave, or within
ten (10) calendar days after notice to return to duty shall be cause for discharge.
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Section 7.Leave with Pay
Upon determination by the Department Director through the Human Resources
Director leave with pay for sufficient cause may be granted to career status
employees up to and including five (5) consecutive working days or ten (10) total
working days in any twelve-month period.More extended periods of leave with
pay may not be granted except by express approval of the Department Director
and City Manager.
Section 8.Jury Leave
Employees who are regularly scheduled to work 20 hours or more in a week and
who are called to meet an obligation as a citizen by serving on juries, will be
granted time off with pay for jury duty.Compensation received by the employee,
except mileage fees, will be paid by the employee to the City of Apache Junction.
Section 9.Subpoena Leave
Employees who are regularly scheduled to work 20 hours or more in a week shall
be excused without compensation from their duties when required to appear in
court as a witness under a subpoena.
If the subpoena or other order of the court appearance is City related, the
employee will be reimbursed at full salary for work hours missed.
Section 10.Administrative Leave
Employees may be placed on paid administrative leave while conduct is being
investigated and/or possible disciplinary action is being contemplated or the
employee is undergoing fitness for duty.exams and while the City is awaiting the
results of such exams.Employees on paid administrative leave are subject to all
of the Personnel Policies while on administrative leave and may be required to
report to their supervisor on a regular basis.
Section 11.Bereavement Leave
Employees are permitted three (3) days of bereavement leave in each instance
where the employee's presence is required elsewhere because of the death of
his or her parent, child, foster care child, sibling, spouse, grandchild, or
grandparent, parent -in-law, daughter-in-law; son-in-law, brother-in-law, sister-in-
law, stepparent, stepchild, Stepbrother, stepsister, half-brother, or half-sister.
When out-of-state travel is necessary, vacation leave may be used for days in
excess of three (3).
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Section 12.Paid Holidays
The City observes 12 holidays; they are:
1."New Year's Day"
2.Third Monday in January, -"Martin Luther King, Jr./Civil Rights Day"
3.Third Monday in February, "President's Day"
4.Last Monday in May, "Memorial Day"
5."Independence Day"
6.First Monday in September, "Labor Day"
7.Second Monday in October, "Columbus Day"
8."Veterans Day"
9."Thanksgiving Day"
10. The Day After Thanksgiving Day
11."Christmas Day"
12. Employee's Birthday
Observance of the above stated holidays shall be in accordance with the
observance prescribed by State and/or Federal Law.When a legal
holiday falls on a Saturday, the preceding Friday will be considered a
holiday.When a holiday falls on a Sunday, the following Monday will be
considered a holiday.It should be noted that Public Safety and other
essential service employees might be required to be on duty on holidays
in the interest of public health, safety, or general welfare of the City.
Prior to taking a birthday holiday, an employee shall obtain approval from
his/her Department Director.
Section 13.Rest Periods
Employees may be granted two separate rest periods of fifteen (15) minutes
each during a work shift.Rest periods shall be counted as time worked.Rest
periods shall not be combined or "banked" so as to provide an extended rest or
lunch period or shorten the workday.Compensatory time or overtime pay shall
not be granted for rest periods not received or taken or for work performed during
the rest period.
Section 14.Family and Medical Leave Policy
A.Purpose
The FamiliMedical Leave Act (FM LA) provides eligible employees with
up to 12 workweeks of job protected leave in a twelve-month period and
requires group health benefits to be maintained during the leave as if
employees continued to work instead of taking leave. An employee may
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be eligible to have his/her leave designated as FMLA leave when
attending to the birth, adoption, or foster care placement of a child or to
attend to their own serious health condition or the serious health condition
of the employee's parent, spouse, son, or daughter.
B.Definitions
For the purpose of designation of family and medical leave the following
definitions apply:
1.Immediate Family:A parent, spouse, son, or daughter is defined
as follows:
Parent:The biological parent of an employee, an individual who
stood in place of the parent to that employee, or an employee who
has day-to-day responsibilities of caring for a child.
a)Daughter or Son:a biological, adopted, or foster child; a
stepchild; a legal ward; or child of a person standing in the
place of a parent who is under 18 years of age or 18 years of
age or older and incapable of self -care because of mental or
physical disability.
b)Spouse:a husband or wife as defined or recognized under
State law for purposes of marriage, including common law
marriage in States where it is recognized.A spouse does
not include unmarried domestic partners.
2.Serious Health Condition:an illness, injury, impairment, or physical
or mental condition that involves in -patient care in a hospital,
hospice, or residential medical care facility or any subsequent
treatment in connection with such in -patient care or continuing
treatment by a health care provider.
Per the FMLA, examples of situations that do not normally meet the
definition of a serious health condition are; conditions for which
cosmetic treatments are administered, the common cold, the flu,
earaches, upset stomach, minor ulcers, headaches other than
migraine, routine dental or orthodontia problems, periodontal
disease, etc.
C.Eligibility for Family and Medical Leave
1.Who is eligible for leave designation under the Family and Medical
Leave Act:Eligible employees are those who have been employed
by the City for at least 12 months and have worked (including paid
absences) for a period of not less than 1250 hours during the
preceding 12 months.
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_
2.When Family and Medical Leave may be Designated:Family and
Medical leave may be designated for the following reasons:
a.The birth, adoption, or foster care placement of a son or
daughter if the leave is taken within 12 months of the birth,
adoption, or 'placement.
b.The serious health condition of a parent, spouse, son, or
daughter;
c.The employee's own serious health condition, which
prevents the performance of the essential functions of the
job.
D.Duration of Family and Medical Leave
Eligible employees are allowed to have up to 12 weeks of unpaid leave
designated under FMLA in a 12 -month period.The 12 -month period will
be computed as a rolling 12 -month period measured backward from the
date leave is used.
E.Designation of leave under the FMLA
The following are the terms and conditions for the designation of leave
under the FMLA:
1.In the case of the employee's own serious health condition, the
employee shall use all accrued sick leave before using accrued
vacation leave.Accrued sick leave will be allowed to be used only
for the employee's serious health condition, except that an
employee may use a maximum of 24 hours sick leave each
calendar year in cases when an employee's presence is required
elsewhere because of illness of a member of the employee's
immediate family.
2.All accrued vacation leave shall be used before unpaid leave may
be used.
3.The amount of unpaid leave available shall be the time remaining
after having deducted the eligible accrued paid sick leave and
vacation leave, from the 12 weeks of designated leave allowed
under the FMLA.
4.In the case where both husband and wife are employees of the
City, twelve weeks of leave designated as family and medical leave
may be used by each employee in any 12 -month period for any
event qualifying under the FMLA.
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F.Reduced or Intermittent Leave
1.Intermittent or reduced leave shall be granted for the employee's
own serious health condition or the serious health condition of the
employee's spouse, parent, son, or daughter.
2.Intermittent or reduced leave for the birth, adoption, or foster
placement of a child will be allowed only with the consent of the
Department Director and the Human Resources Director and the
use of intermittent or reduced leave shall be limited to a period of
twelve consecutive weeks.
3.The Department Director may temporarily transfer the employee to
a position that better accommodates the leave, provided the
transfer does not deprive the employee of hours that he or she is
otherwise available to work.
G. Notice Requirements
1.Thirty -day -notice Requirement:An employee wishing to have leave
designated under the FMLA must give his or her Department
Director thirty (30) days advance notice where practical or when the
leave is foreseeable.The notice may be verbal and the
Department Director shall document the request for leave and
provide a copy to the Human Resources Director.If it is necessary
that the leave begin in less than thirty (30) days, the employee must
provide such notice as is practical.
2.Sanctions for Failure to Provide Notice:If the employee could have
provided thirty (30) days advance notice to the Department Director
but did not, the City may deny designation of leave for thirty days
after the employee provides notice.
3.Designation of Leave as Family and Medical Leave:It is the
responsibility of the City to designate leave, paid or unpaid, as
qualifying under the FMLA.The City may inquire further if the
employee does not provide enough information to enable the City
to designate the leave under the Act.
H.Medical Certification and Reporting Requirements
1.The City shall require that designated leave related to a serious health
condition be supported by a certification issued by the health care
provider of the employee, employee's spouse, daughter, son, or
parent, as appropriate.A copy of this certification shall be provided to
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the Human Resources Director within fifteen (15) calendar days of the
request for certification.The Human Resources Director shall request
the certification in writing.
2.The certification must include the following:
a.The date on which the serious health condition commenced;
b.The probably duration of the condition;
c.The appropriate medical facts within the knowledge of the
health care provider regarding the condition;
d.A statement that the employee is needed to care for the
daughter, son, spouse, or parent as appropriate.
e.An estimate of the amount of time that the employee is needed
to care for the daughter, son, spouse, or parent as appropriate.
3.Failure to provide certification within fifteen (15) calendar days shall
result in denial of leave designated under the FMLA until a certification
is provided.
4.If the Human Resources Director questions the validity of the
certification, the Human Resources Director may require, at the City's
expense, the employee obtain a second certification.If the second
opinion conflicts with the original opinion, the City may require, at its
expense, the employee obtain the opinion of a third health care
provider selected jointly by the City and the employee.The third
opinion shall be final and binding on both parties.
5.The Human Resources Director may require the employee to obtain
subsequent recertification on a reasonable basis.
6.The employee on leave designated under the FMLA must notify his/her
Department Director of his/her status and intention to return to work at
the conclusion of every fourth week of leave.
7.All records or documents provided by a health care provider in
response to a request to verify the necessity of leave designated under
the FMLA shall be maintained in separate files and treated as
confidential medical records.
I.Effect of Family and Medical Leave Designation on Benefits
1.An employee will not lose any employee benefits accrued before the
date on which his/her leave is designated as family and medical leave.
a.Employee will not accrue vacation or sick leave during any
unpaid absence.
b.Retirement credit will not accrue during any unpaid absence.
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c.The unpaid absence will not constitute a break in City service
for seniority purposes.
2.Health Coverage:Employees on leave designated as family and
medical leave will continue to receive the same group health coverage
they had while in paid status with the following conditions:
a.It shall be the responsibility of an employee on unpaid leave
which has been designated as family and medical leave to
provide those payments necessary to maintain health insurance
coverage
b.If an employee decides not to return to work, the City is entitled
to recover from the employee the cost of the health insurance
premiums paid while the employee was on leave designated as
FMLA.However, no such repayment is required if the
employee is unable to return, as certified by a health care
provider, due to circumstances beyond his/her control (i.e.,
continuation, recurrence or onset of a serious health condition).
J.Return from leave designated as Family and Medical Leave
1.An employee who has taken leave for his/her serious health condition
shall present to the department director, on or before returning to work,
a certification from the employee's health care provider that the
employee is able to resume work.This certification should include any
limitations on performance of duties the employee might have.
2.Upon return from leave designated as family and medical leave an
employee shall be returned to the same position or an equivalent
position.
3.An employee need not be reinstated if the employee would not
otherwise have been employed at the time reinstatement is requested.
4.When an employee returning from leave designated as family and
medical leave is not qualified or able to perform the essential functions
of the position to which the employee was returned, the employee shall
be given a reasonable opportunity in which to become qualified or seek
accommodation.
5.When an employee returning from leave designated as family and
medical leave is not able to perform the essential functions of the
position to which the employee is returned, the employee may be
disqualified.
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K.Investigation of Use of Family and Medical Leave
The Human Resources Director may investigate the use of family and
medical leave designation.Misuse of family and medical leave
designation shall be cause for disciplinary action up to and including
dismissal.
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Rule 9.Overtime
Section 1.Policy
It is the City's policy to avoid the necessity for overtime work.It shall be
the responsibility and an important measure of job performance, for
supervisors, division managers and department directors to adequately
plan and schedule work and staffing to minimize the need for overtime.In
the event of hours worked beyond the normal work day, all efforts shall be
made to allow the employee to take off an equivalent number of hours
within the designated work period.No employee, except in a situation
involving public health or safety, shall be permitted or allowed to work
overtime unless authorized by the supervisor.Any verbal authorization
given by the supervisor is to be followed up with written authorization on
the appropriate form.The policy shall also apply in those instances where
the employee is provided with compensatory time in lieu of overtime.
Section 2.Exempt and Non -covered Employees
Not all employees of the City of Apache Junction are affected by the Fair
Labor Standards Act (FLSA). Certain employees simply are not covered
by the Act (i.e., non -covered employees).Other employees, while
covered by the FLSA, are exempt by specific provisions of the Act
(i.e., exempt employees).
Non -covered employees include elected officials, City Manger, City
Magistrate, City Attorney, bona fide volunteers, independent contractors,
and community service workers.
Exempt employees generally fall into three major categories: executive,
administrative, and professional.Also certain seasonal recreational
employees can be considered exempt from specific provisions.All
employees assigned an exempt status 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.
Section 3.Work Period
All employees assigned a nonexempt status shall be paid an amount
equal to one and one-half times their regular hourly rate for time worked in
excess of forty (40) hours per work period.A work period is defined as
seven consecutive days.
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Section 4.Overtime Accrual
In situations where an employee begins work prior to his/her scheduled
starting time or ends work beyond his/her scheduled ending time, credit
shall not be given for increments of time of seven minutes or less;
increments of time greater than seven minutes shall be paid to the nearest
quarter hour.
Section 5.Hours Worked
Employment, under the FLSA, is defined to include all hours that an
employee is "suffered or permitted to work" for the employer.Hours
worked also include time during which an employee is "necessarily
required to be on the employer's premises, on duty or at the prescribed
work place." The following are examples of typical situations qualifying as
compensable hours worked as provided by the (FLSA):
Call -Out Time
Any employee may be contacted and asked to respond to a situation
during hours that are not scheduled for work.Call -out occurs when an
employee who is not assigned to an on -call status is asked to respond to a
work situation.Employees responding to a call -out will receive a minimum
of one hour's compensation.
Meal Time
Unless all the following three conditions are met, meal periods must be
counted as hours worked; (1) the meal period must be at least 30 minutes;
(2) the employee must be completely relieved of all duties; and (3) the
employee must be free to leave the duty post.Uniformed police officers
who are on their regular shift and subject to call during the meal period
shall be considered to be on working hours during mealtime.
On -call Time
If an employee is unable to use off -duty time for his/her own purposes,
those hours shall be considered hours worked.lithe employee is
assigned on -call status and is able to use the off -duty time for his/her own
purposes, the hours will not be considered hours worked.If an employee
is required to perform any work -related duties during on -call 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 or is required to
respond to a page will not accrue hours worked for those time periods.
Employees who are assigned on -call status will receive compensation at
the rate of $1.00 per hour for each hour served in an on -call status.This
compensation would not apply when the employee is required to perform
work -related duties during on -call time since that time is to be considered
hours worked.
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Voluntary Work
Employees who continue to work after their shift is over are engaged in
compensable working time.The reason for the work is immaterial; as long
as the supervisor "suffers or permits" employees to work on the City's
behalf, proper compensation must be paid.Once an employer allows the
employee to work, or knows that the employee is working,then the
employee must be compensated.It is the supervisor's responsibility to
make certain that unwanted overtime work is not performed.According to
the FLSA, the mere existence of a rule is not sufficient to avoid
compensation for additional hours worked.Supervisors who permit
employees to work overtime without compensation may be subject to
discipline.Employees who work unauthorized overtime may also be
subject to discipline.
Waiting Time
If an employee has been assigned to wait for something to occur his/her
waiting time will be counted as hours worked; if the employee arrives
early, does not perform any work before his/her shift starts, and merely
waits to begin working, his/her waiting time will not constitute hours
worked.
Workers who are required to stand by ready for duty, whether during the
lunch periods, during machinery breakdowns, or during other temporary
work shutdowns, must be paid for this time.Since the employee is
controlled by the employer during these periods and is not able to use the
time for his or her own purposes, this is working time.
Other Examples of Compensable Hours Worked
•Caring for tools that are a part of principal activities, such as guns
and vehicles (unless also allowed for personal use) by police
officers, tools and equipment for parks and streets workers.
•Changing clothes, if requested or controlled by the employer.
•Charitable work requested or controlled by the employer.
•Emergency work/travel time.
•Fire drills and other disaster drills, whether voluntary or involuntary,
either during or after regular Working hours.
•Training in regular duties to increase efficiency.
•Training programs required by the employer.
•Rest periods of 20 minutes or less.
•Medical attention during working -hours at the employer's direction.
•On -call time Where the employee must remain at the employer's
premises or which is so restricted that the employee is unable to
use the time for his/her own purposes.
•Travel time from the employer's premises to the work site.
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•Travel time between work sites during the normal work day.
Examples of Time Not Considered "Hours Worked" for the Purposes of
Overtime Compensation
•Jury duty
•Military leave
•On -call time where the employee merely leaves a telephone
number and is not restricted
•Sick leave
•Time spent before, after, or between regular working hours.
•Voting time if outside the regular -scheduled hours of work.
Section 6.Travel Time
Home -to -Work Travel
As a general rule, home -to -work travel is not compensable, even if an
employee must travel from a town to an outlying site to get to the
employer's premises.This is true whether an employee works at a fixed
location or at different job sites.Generally, an employee is not at work
until he or she reaches the work site.But if an employee is required to
report to a meeting place where he or she is to pick up materials,
equipment, or other employees, or to receive instructions, before traveling
to the work site, compensable time starts at the time of the meeting.
Travel During the Work Day
Traveling from an outlying job at the end of the scheduled workday to the
employer's premises is time worked.Where an employee is required to
report to a meeting place to receive instructions, perform other work there,
or pick up tools, and travel from the designated meeting place to the work
site is considered working time.
Out-of-town Travel
Where employees travel out of town overnight on business they must be
paid for time spent in traveling during their normal work hours on their
non -working days as well as on their regular working days.Travel time as
a passencrer outside regular working hours is not considered hours
worked.If an employee drives a car without being offered public
transportation, the travel time is considered working time.
Section 7.Paid Leave Time
When a nonexempt employee is on paid leave time for the purpose of sick
or military leave, and he/she is completely relieved of all duties, such time
is not hours worked for the purposes of calculating overtime obligations.
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Holiday and vacation leave hours are considered hours worked for the
purposes of overtime calculations.
Section 8.Substitution of Work Hours between Employees
The FLSA provides that any individual employed in any capacity by a
public agency may agree to substitute during scheduled work hours, for
another employee.Employees may work substitution schedules where
the substitution is:1) voluntarily undertaken and agreed to solely by the
employees, and 2) approved by the supervisor.The traded time will not
be considered by the City when calculating the hours for which the
employee is entitled to overtime compensation.In effect, even though a
substitution has taken place, each employee will be considered to have
Worked his or her normal schedule.In addition, the supervisor of an
employee who performs such substitute work is not required to keep a
record of the hours of substituted work.It is important to be aware that the
substitution provisions of the FLSA apply only when the employee's
decision to substitute is made freely and without direct or implied coercion.
It must be made exclusively for the employee's own convenience.
Section 9.Compensatory Time in Lieu of Overtime Payment
The FLSA permits the City of Apache Junction to provide compensatory
time off in lieu of monetary overtime compensation, at a rate of not less
than one and one-half hour of compensatory time for each hour of
overtime worked.The calculation used for compensatory time is the same
as that generally used for calculating monetary overtime.
The use of compensatory time is allowed only if it is provided for under an
employment agreement or memorandum of understanding.The
"agreement" must inform the employee that the compensatory time
received may be preserved, used, or paid consistent with the provisions of
this policy.The agreement must be reached prior to the accrual of
overtime.
A signed copy of the memorandum of understanding between the
Department and the employee shall be provided to the Human Resources
Department for inclusion in the employee's personnel file.A record of
accumulated compensatory hours shall be provided to the Finance
Department at the end of each pay period.
Nonexempt employees may receive time off in lieu of overtime pay for
hours worked beyond 40 hours in a seven-day work week.Employees
may accrue a maximum of 160 hours of compensatory time (106.67 actual
hours of overtime worked).
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The compensatory time earned by an employee constitutes a financial
liability for the City of -Apache Junction.An employee who has accrued
compensatory time and requests use of the time must be permitted to use
the time off within a reasonable period after making the request if it does •
not unduly disrupt the operations of the agency.When the use of
compensatory time is denied, the supervisor shall provide to the affected
employee the reasons for denial.A copy of the reasons for denial shall
also be provided to the Human Resources Director.
Compensatory time is not to be used as a means of avoiding statutory
overtime compensation.
Compensatory time may be banked, used, or converted into the
corresponding dollar amount at the employee's current pay rate in
accordance with the provisions of this policy.Employees who change
from one pay range to another, either by promotion or demotion, shall be
required to make such conversion before transitioning into the new
position.
Section 10.Payment of Compensatory Time at Termination of
Employment
In accordance with the FLSA, unused compensatory time must be paid at:
1.The average regular rate received by the employee during the last three
years of employment; or
2.The final regular rate received by the employee,whichever is higher.
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Rule 10.Performance Report
Section 1.Purpose
The evaluation of an employee's performance is intended to assist the
employee in becoming a more effective worker.The evaluation is designed
to inform the employee of the manner in which he or she is meeting standards
of performance established by the supervisor.The performance rating may
be used to establish corrective action in support of subsequent disciplinary
action under Rule 16, Discipline, for unsatisfactory work performance.The
performance evaluation report is intended to cover overall performance during
a specific period of time.
Section 2.Performance Reporting Requirement During Probation
Reporting on employee performance during probation is covered in Rule 5,
Appointments, Status, and Probation.
Section 3.Performance Reporting Requirements Following End of
Probation
Every employee in the classified service shall have his or her performance
formally evaluated at least once a year and a report on this performance shall
be submitted to the Human Resources Director and placed in the employee's
personnel file.The report shall be submitted by the Department Director in
accordance with the procedure and on the form or forms prescribed by the
Human Resources Director.Department Directors are encouraged to provide
more frequent evaluations.Department Directors are encouraged to bring
unsatisfactory performance to the attention of the employee when the
unsatisfactory performance occurs.
Each performance report shall be reviewed with the employee and filed with
the Human Resources Director not later than fourteen (14) calendar days
after the City designated review period ends. Employees shall be allowed to
submit a written response to their performance evaluation report; the
employee's written response shall be attached to the report it addresses.The
performance report and the employee response, if any, shall remain a part of
the employee's personnel record for a minimum of five (5) years and may be
considered when determining transfers, promotions, demotions, dismissals,
or layoffs.Employees shall be notified and provided with a copy of all
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documents placed in their personnel file.Copies will be provided under
confidential cover or directly to the employee.
Section 4.Unsatisfactory Ratings
When the employee's overall evaluation report is unsatisfactory, follow up
reports shall be required at the end of three (3) months and for each
subsequent three (3) Month period while the employee is in the position until
the employee has achieved a satisfactory rating or employment is terminated.
It is the Department Director's responsibility, in conjunction with the
immediate supervisor, to inform the unsatisfactory performing employee of
the actions necessary to achieve a satisfactory rating.The employee and
supervisor or Department Director will agree on a plan to improve
performance.The plan should list specific measurable goals.
Section 5.Grievance and Appeals Relating to Performance Reports
An employee not on initial probation may grieve or appeal overall
performance ratings of unsatisfactory in accordance with Rule 17,Grievance
and Appeal Procedures.
Section 6.Procedure when Anticipated Rating will be Unsatisfactory
If the anticipated rating is unsatisfactory, the Department Director shall advise
the employee of the anticipated rating and schedule a meeting to review the
performance rating with the employee.The Department Director shall give
the employee not less than two (2) calendar days advance notice of the
meeting.The employee is allowed to have a representative of his/her choice
present as an observer at the meeting.The representative shall not interfere
with the process and shall be asked to leave the meeting if they interfere with
process.
Section 7.Salary Increase
Employees are eligible, on the anniversary of their classification date, for a
one step advancement on the salary schedule.
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Rule 11.Drug -Free Workplace Policy
Section 1.Purpose
To establish rules governing the maintenance of a drug -free workplace for the
purpose of 1) ensuring the health and safety of City employees, (2) continuation
of high -quality services to the public, and (3) compliance with federal and state
laws and regulations for a uniform government -wide, drug -free workplace effort.
Section 2.Policy Statement
Reporting for work under the influence of alcohol or drugs, or any substance that
impairs an employee's mental or physical capacity will not be tolerated.The use
of illegal drugs or the misuse of legal drugs or alcohol by any employee is
expressly prohibited, as is the presence in any employee's system of a prohibited
drug or drug metabolite.The possession, sale, or distribution of drugs, alcohol,
or any illegal substance by an employee during regular working hours while on
City business or while on City property is expressly prohibited except as
excepted in police department policies and procedures.
Section 3.Definitions
The following definitions apply to the Drug -Free Workplace policy:
A.Alcohol
Ethanol, isopropanol, or methanol
B.Drugs/Controlled Substances
The terms "drugs" and "controlled substances" are interchangeable and
have the same meaning.Unless otherwise provided, drugs and controlled
substances include but are not limited to:barbiturates, cocaine, opiates,
(heroin, codeine) propoxyphene, amphetamines (including
methamphetamine), benzodiazepines (Valium, Librium), methadone,
phencyclidine (PCP), methaqualone, and cannabinoids (THC).
C.Reasonable Cause
A belief based on specific, objective facts, and reasonable inferences
drawn from those facts, that suggest an employee is using drugs or
alcohol while on the job or is under the influence of drugs or alcohol while
on the job.
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Reasonable cause generally includes but is not limited to:
1.Observable phenomena, such as direct observation of drug or alcohol
use and/or the physical symptoms or manifestations of being under the
influence of a drug or alcohol;
2.Abnormal conduct, erratic behavior, absenteeism, tardiness;
3.Physical symptoms (i.e. glassy eyes, slurred speech, unsteady gait,
red eyes, running nose);
4.Smell of alcohol or marijuana;
5.Deterioration in work performance or physical appearance.
6.A report of drug or alcohol use provided by reliable and credible
sources and which has been independently corroborated;
7.Evidence that an individual has tampered with a drug or alcohol test,
during his/her employment with the current employer;
8.Involvement in or responsibility for, a work -related or industrial accident
that caused, or could have caused serious injury to the employees, any
other person, or serious damage to employer property or property
belonging to others;
9.Evidence of use, possession, sale, solicitation, or transfer of drugs or
alcohol while working or while on employer premises.
Section 4.Over-the-counter or Prescribed Medications
Employees taking prescription or over-the-counter non -prescribed drugs or
medication which might interfere with the performance of his/her job duties, shall
report the usage of the drug or medication to his/her supervisor before going on
duty.Employees taking such drugs or medication are responsible for knowing
any side effects of the medication that might interfere with job performance
based upon the prescribing physician's advice or the warning on the medication
label.
Section 5.Applicants and Employees Subject to Testing
A.Pre -employment Testing for Initial Employment
All applicants being considered for initial paid employment by the City shall be
required to submit to: and successfully pass, a drug screen urinalysis within
31 hours after a conditional offer of employment is made by the City.The
offer of employment shall be contingent upon a negative drug screening.
If an applicant fails to pass the pre -employment drug screening, the applicant
will be disqualified form consideration for employment and shall not be eligible
for employment with the City for a period of 12 months from the date of the
initial, positive drug test result.
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An applicant's failure to submit to the required pre -employment drug test shall
be considered as a request for withdrawal from consideration for the position
for which he/she applied.
B.Police Department Employees
Any police department employee (sworn or civilian) upon transfer to or from a
narcotic or drug -related assignment shall submit to drug and alcohol
screening.A transfer to a narcotic or drug -related assignment shall be
contingent upon a negative drug test result.A positive test result of a police
department employee transferring out of a narcotic or drug -related
assignment is subject to the provisions of this rule for positive test results.
C.Reasonable Cause Testing
If the City has reason to suspect that an employee is violating this policy or
when there is reasonable cause to believe an employee is under the influence
or is impaired by alcohol and/or drugs, the City may require the employee to
submit immediately to medical tests administered for drug or alcohol testing
which include the chemical analysis of breath, urine, and/or blood.
D.Post -Triggering Incident
Employees involved in the following circumstances shall be required to submit
to a drug and/or alcohol test:
1.Those whose use of City equipment or vehicle results in an accident in
Which a person is fatally injured.
2.Those whose use of City equipment or vehicle results in an accident
involving tow -away and/or medical assistance and who, in addition,
have received a citation from any law enforcement official.
3.Those who are required as part of their job to carry a firearm and who,
while on duty, discharge a firearm resulting in bodily injury, property
damage or violation of departmental policy, or who are off duty and
discharge a firearm in violation of departmental policy regarding off-
duty use of firearms.
E.Re-employment in Workforce
Any individual who is re-employed in accordance with Rule 5, Appointments,
Status, and Probation shall be required to submit to a drug and alcohol test
prior to resuming work.
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F.Follow-up Testing-
In the event an employee has been offered a rehabilitation option in lieu of
discipline for a positive test result in accordance with Section 9 of this policy,
the employee shall be subject to random drug testing for a minimum of one
year following the completion of a rehabilitation program.
Section 6.Policy Violation
A.Alcohol:An employee who tests positive for alcohol while on City business
during the employee's regular working hours or while on City property during
the employee's regular working hours shall be in violation of this policy.
B.Drugs:An employee who tests positive for drugs shall be in violation of this
policy.
C. Those who are required as a part of their job to carry a firearm and who, while
on duty, discharge a firearm resulting in bodily injury, property damage or
violation of departmental policy or who are off -duty and discharge a firearm in
violation of departmental policy regarding off -duty use of firearms shall be in
violation of this policy.
Section 7.Effect of Failure to Comply with Policy
An employee who refuses to submit to a drug or alcohol test or who violates any
aspect of this policy is subject to disciplinary action up to and including dismissal.
Section 8.Employee and Applicant Consent Form
Employees and applicants who are requested to submit to a drug test must agree
in writing to allow the results of such test to be disclosed to and used by the
City's authorized representative(s) on a need to know basis.Failure to sign such
a consent form shall be considered a refusal to submit to testing.
Section 9.Rehabilitation
The City may, at its option, suspend all or part of the disciplinary action for
violation of this policy in return for the employee's enrollment into a drug or
alcohol counseling or rehabilitation program for the purpose of enabling the
employee to permanently cease the prohibited conduct.The program must be
approved by the City.Cost of rehabilitation or counseling is the responsibility of
the employee.
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An employee who elects such participation shall enter into a written agreement
indicating such.Disciplinary action may be suspended while the employee is
participating in counseling and/or rehabilitation. An employee who declines to
participate in or fails to complete drug rehabilitation in lieu of disciplinary action is
subject to disciplinary action up to and including dismissal.
Section 10.Searches
The City of Apache Junction reserves the right to search all areas and property of
which the City maintains complete control or joint control.An employee's locker,
closet, work area, desk, desk files, computer files, city -owned vehicle, and similar
areas are subject to inspection at any time on a random or any other non-
discriminatory basis for purposes of this policy.
Section 11.Confidentiality
The results of drug or alcohol screening tests shall not be included in an
applicant file or employee personnel file but shall be retained by Human
Resources Department in a separate medical file.Any conditions of employment
that may be established as a result of the drug test (i.e. a written agreement for
rehabilitation in lieu.of discipline) become part of the employee's personnel file.
Except as required by the state or federal law, test results and ancillary
information may be disclosed to management personnel only on a need -to -know
basis or to any person upon the written consent of the employee or applicant.
Infarmation normally should be limited to the supervisor, City Manager, Human
Resources staff, and legal counsel.Failure to maintain confidentiality by any
employee shall be grounds for discipline.
All investigations, searches, and testing shall be conducted as privately as
practical.
Section 12.Employee Responsibilities
A.Pursuant to the Federal Drug -Free Workplace Act of 1988, the City of Apache
Junction prohibits the unlawful manufacture, use, possession, or distribution
of controlled substances in the workplace.As a part of this Act, employees
have the following responsibilities.
1.To abide by the terms of the City's drug -free workplace policy; and
2.To notify their supervisor or department director of any criminal drug
statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction.
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B.It is each employee's responsibility to immediately report to the supervisor,
department director, or Human Resources department unsafe working
conditions or hazardous activities that may jeopardize the safety of
employees.This includes the responsibility to immediately report any
violations of the drug and alcohol policy.An employee who fails to report
such a violation is subject to disciplinary action up to and including dismissal.
C. All employees are required, as a condition of employment, to sign a statement
that the employee has:
1.Received a copy of the City's Drug -Free Workplace Policy;
2.Agreed to abide by the terms of the policy;
3.Agreed to notify the supervisor, or appropriate representative of the
City, immediately, or within five (5) days, of a criminal drug statute
conviction for a violation occurring within the workplace.
Section 13.Management Responsibilities
A.Management personnel shall be responsible for implementation and
consistent enforcement of this policy, together with the Human Resources
Director or his/her designee.Management personnel who fail to enforce this
policy in accordance with its terms are subject to disciplinary action up to and
including dismissal.
B.Supervisors will be trained in the detection of impairment by alcohol, drugs,
and substance abuse.Supervisors must document, in writing, the facts
constituting reasonable cause for drug and/or alcohol testing or for violation of
this policy.
C.Management must inform any employee required to submit to drug or alcohol
testing of the requirements of this policy and the consequences of non-
compliance.
Section 14.Drug and Alcohol Testing Methodology
Every reasonable effort will be made to obtain the most accurate drug or alcohol
test results.Testing procedures will include the two -tiered testing program to
ensure maximum accuracy in the test results, observation of specimen collection,
and chain -of -custody documentation.A two -tiered procedure means that an
initial positive test will be confirmed by the use of a gas chromatography test with
mass spectrometry (GC/MS) or an equivalent scientifically accepted method,
which provides quantitative data about the detected drug.
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Following a positive screen from the initial test and a positive screen from GC/MS
test, a portion of the specimen sufficient for testing from a positive sample may
be transferred directly from the testing laboratory to a laboratory of the
employee's choosing and tested at the employee's own expense.The laboratory
chosen by the employee must be a laboratory approved or certified by the United
States Department of Health and Human Services, the College of American
Pathologists or the Arizona Department of Health Services.The employee is
responsible for initiating the transfer within 48 hours of notification of the positive
screen.
An employee, upon request, may obtain his/her written test results.
Section 15.Procedures
Procedures to be followed by management for the enforcement of this policy are
available for review in the Human Resources department or in each department
with the department director.
A description of the testing methods and collection procedures to be used is
available for review in the Human Resources department.
Section 16.Commercial Driver's License Holders
Effective January 1, 1996, all employees required, as a condition of their City
employment, to have a valid Commercial Driver's.License (CDL) shall comply
with the United States Department of Transportation (USDOT) rules for drug and
alcohol testing of mass transit employees and all drivers with CDLs.The USDOT
is treating these rules as an extension of the Omnibus Transportation Employee
Testing Act of 1991.
The rules require pre -employment, post -accident, "reasonable suspicion" and
random testing for alcohol and drugs through the use of breathalyzers and urine
samples..
Procedures and rules for testing of CDL holders are available in the Human
Resources department.
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Rule 12.Policy Against Harassment
Section 1.Policy Statement
The City, consistent with the commitment to provide equal employment
opportunities, will not tolerate any form of employee harassment, including
sexual harassment, harassment based upon race, gender, national origin,
religion, age, or disability.
A.Sexual Harassment
Sexual Harassment is defined by the Equal Employment Opportunity
Commission (EEOC) as unwelcome sexual advances; requests for sexual
favors; and other verbal or physical conduct of a sexual or otherwise offensive
nature, especially where:
•Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, or
•Submission to or rejection of the conduct by an individual is used as a
basis for employment decisions affecting such individual, or
•The conduct has the purpose of effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile, or
offensive working environment.
Some examples of sexual harassment are obscene or sexually oriented
photographs or drawings, offensive comments, jokes, innuendos, and other
sexually oriented statements.
B.Other Harassment
Any conduct which has the purpose or effect of unreasonable interference
with an individual's work performance or creating any intimidation, hostile, or
offensive work environment based on that individual's race, gender, national
origin, religion, age, or disability is also unlawful and will not be tolerated.
C.Education
The Human Resources Director shall be responsible for formally notifying all
employees, Department Directors, elected or appointed officials, volunteers,
and contractors/vendors of the existence of this policy.The Human
Resources Director is responsible for providing training on the topic of
harassment/offensive behavior, attendance will be mandatory for all
employees and the training will be offered to elected or appointed officials and
others.
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D.Implementation
Each member of the management team is responsible for creating an
atmosphere free of discrimination and harassment, and for taking immediate
and appropriate corrective action in response to any violation of this policy.
Further, all employees are responsible for respecting the rights and
sensitivities of their co-workers.
The Human Resources Director and Department Directors are responsible for
taking immediate and appropriate corrective action in response to any
confirmed violation of this policy and for assuring that no reprisals are taken
against either those who complain or those who may be witnesses.
The Human Resources department is responsible for monitoring the
operation of this policy, providing advice, and resolving any unsettled
questions, which may arise from this policy.
Section 2.Initiating a Complaint
Employees who feel they have been harassed should attempt to advise the
alleged harasser of their discomfort.If the offended employee does not feel
comfortable directly addressing the situation with the harasser, or the unwelcome
or offensive behavior continues, the harassment shall be reported to the
aggrieved employee's immediate supervisor.The immediate supervisor shall
promptly notify his/her department director.
If the worker's immediate supervisor, a division director, or department director is
the source of the alleged harassment, or if the employee is uncomfortable
reporting the problem to the immediate supervisor, division director, or
department director, the employee should report the problem directly to the
Human Resources Director. An investigation into the complaint will be initiated.If
the Assistant City Manager or Human Resources Director is the source of the
alleged harassment, the employee should report the problem to the City
Manager.If the source of the harassment is a position appointed by the City
Council (including, but not limited to, the City Attorney, City Manager, or City
Magistrate), the employee should report the problem directly to the Human
Resources Director.The Human Resources Director shall advise the Mayor and
City Council that a harassment complaint has been filed.All other sources of
alleged harassment should be reported to the Human Resources Director,
Section 3.Investigation Procedure
Upon receipt of a complaint alleging harassment, the department director will
promptly notify the Human Resources Director.The department director and the
Human Resources Director are responsible for overseeing the investigation and
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resolution of the complaint.The Human Resources Director will work with the
department to obtain and evaluate all relevant evidence with respect to what has
occurred.With the advice of the Human Resources Director, the department
director will implement, if appropriate, specific remedial and/or disciplinary
actions.The complainant and the party charged will be notified of the findings.
Section 4.Discipline
The type of discipline and/or remedial action to which an employee will be
subject for harassing another employee is dependent on consideration of all the
circumstances in a particular situation. Any step in progressive discipline may be
applied.Employees subject to disciplinary and/or remedial action as a result of a
finding of harassment shall be afforded due process rights through grievance or
appeal procedures, whichever is applicable to the level of discipline imposed.
(See Rule 16.Discipline).
Section 5.Reprisals Prohibited
No reprisals of any kind by any employee or manager shall be taken against an
employee because that employee has asserted a complaint or against any
witness because that individual has reported or assisted in any way in the
investigation of a harassment complaint.
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Rule 13.Policy Against Violence in the Workplace
Section 1.Policy Statement
The City of Apache Junction, consistent with the commitment to provide a
workplace that is safe for employees, will not tolerate threats, intimidation, and
violence made by an employee against another person's life, health, well being,
family, or property.
Section 2.Prohibitions
Any threats or acts of violence made by an employee against another person's
life, health, well being, family or property are cause for discipline up to and
including dismissal.
Such acts or threats of violence, whether made directly or indirectly, explicitly or
implicitly, by words, gestures, or symbols, infringe upon the City's right or
obligation to provide a safe workplace for its employees.
Section 3.Applicability
This policy applies to any threats or acts of violence made on City property, at
City sponsored events or under other circumstances that may negatively impact
the City's ability to conduct its business.
Section 4.Initiating a Complaint
Any employee who believes that he or she has been the target of threats or acts
of violence, or has witnessed or otherwise learned of threats or violent conduct
by another employee or by a third party, should immediately contact their
immediate supervisor, Department Director, Human Resources Director or the
City Manager. If an employee feels threatened with immediate harm, he or she
should notify the Public Safety Department or ask someone else to do so.
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Rule 14.Fraternization Policy
Section 1.General Information
The City of Apache Junction's success depends on positive employee morale
and good team working relationships. The City recognizes workplace romances
or attractions can develop between people who work together.Unfortunately,
attractions are not always mutual, and these situations can develop into sexual
harassment complaints.In addition, relationships between supervisor and
subordinate often cause morale problems or misperceptions about assignments
and favoritism on the part of other employees in the work group.For these
reasons, the City has developed the following policy concerning personal
relationships between employees.
Section 2.Prohibitions
Employees in a supervisory capacity are required to maintain a professional
relationship with any employee for whom they supervise, give work direction or
assignments, give discipline, review performance, or recommend promotions or
raises.Employees holding supervisory roles are not permitted to pursue
romantic relationships with any employee who may report, either directly or
indirectly, to them.
Section 3.Reporting Requirements
In the event a workplace romance develops, it is the responsibility of both parties
to, either separately or together, bring the fact of the relationship to the attention
of someone at a level of management that is higher than both individuals
involved or to the Human Resources department. The City will determine the
arrangements to further the best interests of both the City and the employees
involved.,
The City does not have a policy against dating between co-workers who are on
the same peer level and/or are in different departments.However, if at any time
any dating situation, request for dates, or any romantic pursuit between co-
workers becomes unwelcome, interferes with the employee's work environment
or the work environment of other employees, the City may intervene to stop such
conduct, up to and including termination of the employees involved.
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Rule 15.Political Activities
Section 1.Purpose -
To establish a policy governing the political activity of City employees.
Section 2.Policy Statement
City employees have the right to vote as they choose and to entertain and
express personal opinions about political candidates. However, employees must
refrain from political activity while on duty or at public expense.
Section 3.City Council Elections
To avoid undue influence of City employees on the outcome of City Council
elections and to avoid undue influence of City Council members or candidates for
City Council on City employees, the following apply:
A.Prohibitions and Restrictions
1.No employee of the City may be a candidate for nomination or
election to the City Council.
2.While on City time, employees may not circulate petitions for City
Council, although they may sign a petition.
3.While on City time, employees may not contribute directly, or through
an employee organization or association to a campaign or solicit or
receive contributions for a City Council candidate.
4.No employee or organization or association, while on City time, may
publicly endorse or actively support candidates for the City council or
any political organization or association organized to support
candidates for the City Council.
5,While on City time, employees may not wear City Council campaign
buttons or distribute campaign literature at work or in a City uniform or
in City offices, vehicles, or buildings.
6.No employee shall use any political endorsement in connection with
any appointment to a position in City service.
7.No employee shall use or promise to use any official authority or
influence for the purpose of influencing the vote or political action of
any person for any consideration.
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B.Permissible Activities
1.City employees may place City Council campaign signs in their yards
and on the premises of their homes.
2.City employees may place City Council campaign bumper stickers on
personal vehicles.
3.City employees may, on their own time, work in campaign
headquarters of City Council candidates.
4.Except on City time, an association or organization of City employees
may mail or otherwise distribute endorsements of City Council
candidates to members of organizations or associations who are also
City employees.
5.City employees may express their opinion.
On their own time, City employees may attend informational meetings
concerning candidates for public office.
Section 4.Other Candidate Elections
For candidate elections and political activity other than for the Apache Junction
City Council, the following apply:
A.Prohibitions
An employee shall not:
1.Use any political endorsement in connection with any appointment to a
position in the City service.
2.Use or promise to use any official authority or influence for the purpose
of influencing the vote or political action of any person or for any
consideration.
3.While on City time, participate in the management of any political party
or in the management of any political campaign or recall effort.
4.While on City time, solicit or receive contributions for any candidate
campaign.
B.Permissible Activities
Any employee may, on his or her own time:
1.Express his/her opinion regarding candidate elections and political
activity.
2.Attend meetings for the purpose of becoming informed concerning the
candidates for public office and the political issues.
3.Actively support a candidate while not in a city uniform or in an office or
building of the City of Apache Junction.
4.Cast his/her vote and sign nomination or recall petitions.
5.Make contributions to candidates, political parties or campaign
committees contributing to candidates or advocating the election or
defeat of candidates.
6.Circulate candidate nomination petitions or recall petitions.
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C.Candidacy for Elected Office
Any City of Apache Junction employee desiring to run for county, state, or
federal elected office shall request a leave without pay upon filing for such
office.The employee's department director, with the concurrence of the City
Manager, has the authority to grant or deny the requested leave based upon
the needs of the organization.
If the leave is granted and the employee is elected, the employee shall resign
from City service immediately upon being seated in the elective position.If
the leave is granted and the employee is not elected, the employee will be
returned to his/her former position on the same terms and conditions as any
other employee who has taken a leave without pay.If the leave is not
granted and the employee still desires to run for elected office, the employee
shall resign from City service upon filing for such office.
Section 5.Retaliation Prohibited
A.An employee shall not solicit any other employee to engage or not engage in
activities permitted by this rule with the direct or indirect use of any threat,
intimidation or coercion including threats of discrimination, reprisal, force or
any other adverse consequence including the loss of any benefit, reward,
promotion, advancement, or compensation.
B.An employee shall not subject any other employee engaging in activity
permitted by this rule to any direct or indirect discrimination, reprisal, force,
coercion or intimidation or any other adverse consequence including the loss
of any benefit, reward, promotion, advancement, or compensation.
C. An employee shall not subject any other employee who chooses not to
engage in any activity permitted by this section to any direct or indirect
discrimination, reprisal, force, coercion or intimidation or any other adverse
consequence including the loss of any benefit, reward, promotion,
advancement, or compensation.
Section 6.Other Permitted Activity
The provisions of this rule do not apply to school board elections or community
college district governing board elections, and an employee may serve as a
member of the governing board of a high school district or as a member of a
community college district governing board.
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Section 7.Protection of Civil Liberties
Nothing contained in these policies shall be construed as denying any city
employee their civil or political liberties as guaranteed by the United States and
Arizona Constitutions.
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Rule 16.Discipline
Section 1.Disciplinary Actions
Progressive discipline is encouraged if appropriate; however, nothing in this
policy requires progressive discipline to be followed.Disciplinary actions may
include verbal or written warnings, written reprimands, suspensions, demotions
and dismissals, or other action deemed appropriate by the Department Director.
The Department Director has the authority to impose discipline.The Department
Director may delegate the authority to impose verbal or written warnings or
reprimands but may not delegate authority to suspend, demote, or impose any
other action affecting pay and/or benefits.
Section 2.Grounds for Discipline
Grounds for discipline include, but are not limited to the following:
1.Falsification of application for employment.
2.Absenteeism.
3.Tardiness
4.Conviction of a crime, which impacts on the employee's ability to
perform the duties and responsibilities of the job.
5.Incompetence in the performance of assigned duties.
6.Prohibited political activities.
7.Favoritism on the part of a supervisory employee
8.Discrimination on the part of an employee against any employee on
the basis of race, color, sex; age, physical disability, place of national
origin, political or religious affiliation.
9.Any action, on or off the job, tending to bring discredit to the City
service.
10. Violation of the Drug -Free Workplace Policy.
11.Failure to meet established standards of performance in three
successive rating periods.
12. Refusal or failure to comply with the orders of an authorized supervisor
or refusing or failing to do assigned work.
13. Theft, destruction, or neglect in the use of City property, or of property
or materials of any other person while the employee is on duty.
14. Lying to supervisors or falsifying records with respect to official duties.
15.Threatening, fighting with, intimidating, coercing, or abusing other
employees or officials of the City or provoking such actions by others.
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16.Absence from work where the employee has requested permission to
be absent and such request has been denied.
17. Divulging confidential information from privileged official records to
unauthorized persons.
18. Failure to observe departmental regulations.
19. Unauthorized absence from duty.-
20.Abuse of sick leave.
21. Failure to maintain satisfactory working relationships with other
employees or the public.
22. Failure to observe safety regulations
23. Discourtesy and rudeness to the public.
24. Unauthorized performance of work by nonexempt employee outside of
established work schedules.
25. Unauthorized operation or use of any vehicles, machines, or
equipment of the City.
26. Carelessness in the performance of duties.
27. Intentionally or maliciously supplying false information or making false
claims with intent to improperly affect official decisions or bring
discredit to other employees.
28. Violation of any section of the Personnel Policies.
Section 3.Written Reprimands
To be a written reprimand under these rules, the written statement shall indicate
a copy is to be sent to the Human Resources department for inclusion in the
employee's personnel file.
A pre -disciplinary meeting is not required prior to providing an employee a written
reprimand.
Written reprimands shall identify the violations or failures to meet reasonable
expectations for performance on the job with sufficient specificity and detail so as
to enable the employee to respond to the charges against him or her.The
document shall also contain a notice that the employee may file a grievance on
the written reprimand in accordance with Rule 17,Grievance and Appeal
Procedures.
Section 4.Pre -Disciplinary Meeting
A pre -disciplinary meeting is not required for verbal warnings or written
reprimands.
Before a career status employee is suspended, demoted, or is the subject of
discipline beyond the demotion level, the department director shall hold a pre-
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disciplinary meeting.The pre -disciplinary meeting may include the Human
Resources Director or designee and may include legal counsel for the City.
The affected employee shall be afforded a pre -disciplinary meeting; the
notification of the pre -disciplinary meeting shall be in writing and consist of the
following:
a)That discipline is contemplated and the type of discipline
contemplated;
b)The specific violation of one or more of the causes for discipline
as set forth in Rule 16, Discipline;
c)The specific conduct or omission committed by the employee
which the Department Director believes is a violation of the
personnel rules;
d)When and where the meeting is to be held;
e)That the employee is entitled to have a representative of his or
her own choosing present at the meeting; and
f)The purposes of the meeting, which are:
1)To allow the employee to correct any errors in the
information or facts upon which disciplinary action is
proposed;
2)To allow the employee to tell his or her side of the story
and to present any mitigating information as to why
discipline should not be taken.
The time between the initial notice of proposed disciplinary action and the pre-
disciplinary meeting shall be reasonable and shall give the employee adequate
time to prepare a reply.Two (2) working days is considered reasonable and
under no circumstances shall the pre -disciplinary meeting be less than two
working days from the time the employee receives the meeting notice.
If personal delivery of the initial notice is not feasible, notice may be given by
depositing the notice in the U.S. Postal Service mailbox, addressed to the last
address of record for the employee, and with the first class postage affixed.If
service of notice is by mail, at least six (6) calendar days shall be allowed
between the date the notice is mailed and the date the meeting is scheduled.
The following procedure is required at the pre -disciplinary meeting:
a)Presentation of the facts and information upon which the initial
notice of proposed disciplinary action was based;
b)Provide the employee an opportunity to respond to the
presentation of facts and information; and
c)If the employee submits a written response prior to or during the
meeting, include the response in the official record.
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At the meeting the employee may be accompanied by an individual of his or her
choosing.The following are guidelines for conduct at the pre -disciplinary
meeting:
a)It is not mandated to provide justification to the employee or his
or her representative for proposing disciplinary action;
b)Testimony by or cross-examination of witnesses is not
permitted;
c)Testimony under oath is not permitted;Of
d)Recording of the proceedings by a court reporter is not
permitted.The proceedings may be tape recorded; and
e)The person accompanying the employee may only observe the
meeting and advise the employee; he or she cannot interfere
with the process by asking questions or demanding the
procedures be changed.Such interference shall constitute
forfeiture by the employee of the right to be accompanied by
anyone and such person shall be asked to leave the proceeding
immediately; subject to the disorderly conduct laws of the State.
Section 5.Taking Disciplinary Action
Disciplinary action based on the pre -disciplinary meeting shall be taken within ten
(10) calendar days after the meeting.However, if extenuating circumstances
require additional time, the Human Resources Director may extend the date for
taking disciplinary action up to ten (10) calendar days.
Section 6.Notices of Suspension, Demotion, or Dismissal
Notices of suspension, demotion, or dismissal shall contain the following:
•a)The specific discipline being imposed
b)Identification of the violations or failures to meet reasonable
expectations for performance on the job with sufficient specificity and
detail so as to enable the employee to resppnd to the charges against
him or her.These charges shall be those listed in the initial notice of
disciplinary action, except for any charges that are dropped.
Substantial amendment or additional charges may be made only by
repeating the procedure detailed in Section.4,Pre -disciplinary Meeting.
c)A reference to the opportunity afforded the employee to tell his or her
side of the story in accordance with Section 4,Pre -disciplinary
meeting.
d)An indication that the material presented has been considered by the
agency in reaching a final determination.
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e)Notice that the employee may request a copy of the written materials
alleged to support the action taken.
f)A notice that the employee may appeal the suspension, demotion or
dismissal pursuant to rule 17,Grievance and Appeal Procedures.
Notices of suspension, demotion, or dismissal shall be sent to the Human
Resources department for inclusion in the employee's personnel file.
Section 7.Effect of Technical Omissions
Failure of a supervisor or department director to comply with the provisions of
Section 3,Written Reprimands,and Section 6,Notices of Suspension, Demotion,
or Dismissal,as they pertain to content of written reprimands and notices of
suspension, demotion, or dismissal shall not constitute a basis for reversing a
disciplinary action on appeal unless the employee shows that his or her rights
were seriously impaired by the failure.
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Rule 17.Grievance and Appeal Procedures
Section 1.Purpose of Grievance and Appeal Procedures
The purpose of the grievance and appeal procedures is to provide eligible
employees who are aggrieved about a situation affecting the conditions of their
employment with a just, effective, timely, and equitable method for the resolution
of the matter without discrimination, coercion, restraint or reprisal against the
employee when the employee either submits or is involved in a grievance or
appeal.Only career status employees may utilize this process in accordance
with Rule 5, Section 6.
Any contention that the City has failed to comply with any obligation it has made
to an employee through its ordinances, Personnel Policies, or any other written
or verbal commitments must be raised pursuant to these grievance and appeal
procedures, and these procedures provide the exclusive remedy for any such
claim.
Section 2.General
If an employee complaint or problem is not resolved by informal consideration,
then the employee may formalize the consideration by filing a grievance or
appeal for actions identified in this rule and utilizing the procedures defined in this
rule.
If an employee elects to formalize the attempt for resolution of a complaint or
problem, one of the following procedures shall be used:
A.If the complaint involves a letter of reprimand, the grievance procedure
shall be used.A letter of reprimand is not entitled to the appeal
procedure.
B.If the complaint alleges an improper overall performance rating of
unsatisfactory, the employees shall use the grievance procedure.An
alleged improper overall performance rating of unsatisfactory is not
entitled to the appeal procedure.
C.If the complaint alleges misinterpretation or misapplication, of the
Personnel Policies or administrative procedures, the employee shall use
the grievance procedure.If the grievance procedure does not resolve the
complaint, the employee may proceed with the appeal procedure.
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D.If the complaint alleges adverse action to the employee other than
suspension, demotion, or dismissal, based on unlawful discrimination
because of raae, color, creed, national origin, sex, age, political affiliation
or disability, the grievance procedure shall be used.If the grievance
procedure does not resolve the complaint, the employee may proceed
with the appeal procedure.
E.If the complaint alleges improper suspension of more than three (3) days,
demotion or dismissal on any grounds, including alleged unlawful
discrimination, the employee may forego the grievance procedure and
proceed directly with the appeal procedure.Suspensions of three (3) days
or less shall be limited to the grievance procedure.
F.If the complaint alleges that the disposition of a sexual harassment
complaint has not resulted in stopping the prohibited behavior, the
employee may forego the grievance procedure and proceed directly with
the appeal procedure.
G. If the complaint alleges a matter other than that identified by this rule,
employees are encouraged to discuss the complaint on an informal basis
with appropriate management personnel.
Section 3.Prohibited Grievances and Appeals
The grievance and appeal procedures may not be used for matters involving:
A.Compensation and Classification Plans
B.Overall satisfactory performance evaluations
C.Informal disciplinary actions such as oral or written warnings
D.Supervisory or management style
Section 4.Grievance Procedure
Grievances shall be presented according to the following procedure:
A.Form:The grievance shall be presented in writing and shall be dated.It
shall include a statement that the writing is a grievance, the name and
address of the employee filing the grievance, the action which is the
subject of the grievance, the date of the action, and a statement of the
remedy sought.Grievance forms may be obtained form the Human
Resources department if desired.
B.Filing with Supervisor and Time Limit:The employee shall present a
grievance to the immediate supervisor within seven (7) calendar days after
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notification of or occurrence of the action which gives rise to the
grievance.
C.Filing with the Department Director:If the response of the immediate
supervisor does not resolve the grievance, and the employee wishes to
pursue it further, the employee shall present it to the department director
in writing within seven (7) calendar days after receiving the decision of the
immediate supervisor.
If the immediate supervisor has not responded to the grievance within
seven (7) calendar days and the employee desires to pursue it further, the
employee must present it in writing to the department director no later than
seven (7) calendar days after the supervisor's response was due.
The department director shall consider the grievance and shall give the
employee dated, written notice of a decision within seven (7) calendar
days of the receipt of the grievance.
D.Filing with the Assistant City Manager:If the response of the department
director does not resolve the grievance and the employee desires to
pursue it further, the employee must present it in writing to the Assistant
City Manager within seven (7) calendar days after receiving the decision
of the department director, or within seven (7) calendar days after the
decision of the department director would have been due to the employee
if no written response was received by the employee.
A copy of the grievance and the replies from the immediate supervisor and
the department director shall be attached to the grievance to the Assistant
City Manager
The Assistant City Manager or his or her designee shall consider the
grievance and shall give the employee dated, written notice of decision
within seven (7) calendar days of the receipt of the grievance.
The decision of the Assistant City manager for grievances is final and is
not appealable further unless formal appeal procedures are an available
remedy under this rule.
Section 5.Time Computation
The computation of the calendar days shall be as follows:
A.The date of notice of the action giving rise to the grievance, if written
action, shall be the date of the delivery of a notice if handed to the
appellant, or the date of mailing of the notice if sent by U.S. mail.If the
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notice is mailed, three calendar days shall be added to the time in which a
response is due.
B.If the action grieved is not a written action, the date of action shall be the
date on which the aggrieved action occurred.
C. The period of time for filing the grievance starts on the day following the
date of notice or occurrence of the action giving rise to the grievance.
D.If the final date of the grievance period falls on a day the City is not open
for business, the final date for grievance shall be construed to be the next
City work date.
E.The grievance period ends at 5:00 p.m., (close of business) on the final
date for grievance.
Section 6.Appeal Procedure
Matters not specifically stated in this rule cannot be appealed.Appeals shall be
presented according to the following:
A.Time Computation:The computation of the calendar days shall be in
accordance with Section 5 of this Rule.
B.Form of Appeal:Every appeal shall be filed in writing and shall include the
name and address of the employee appealing (appellant), the action
which is the subject of the appeal, the reason for the appeal, and a
statement of the remedy sought and a reference to the Personnel Policy
which the action allegedly violates.The appeal shall have attached any
written material pertaining to the matter appealed.
C.Procedures for Filing an Appeal:Every appeal shall be filed within ten
(10) calendar days from the date of notice of the action, which is the
subject of the appeal.All appeals shall be addressed to the City Manager.
The City Manager or his or her designee shall have ten (10) calendar days
to respond to the appeal.
If the employee is not satisfied with the City's decision, the employee has
ten (10) calendar days from the date of response or the date a response
was due, to file a Notice of Appeal for a hearing before a Hearing Officer.
The Notice of appeal shall be in accordance with Section 6.B of this rule
and shall be filed in the Human Resources department.
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Section 7.Time Extension
Upon mutual consent of the parties as evidenced by a written, signed agreement,
a time extension for grievances and appeals may be authorized.Such
agreement shall state the duration of the extension.
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Rule 18.Rules for Hearings Before a Hearing Officer
Section 1.Hearing Officer
The Human Resources Director, in consultation with the City Attorney, shall
retain a Hearing Officer or Officers who shall not be employees of the City.
Section 2.Right of Appeal
Any employee shall have the right to appeal actions to the Hearing Officer
pursuant to the City's Personnel Rules.The Hearing Officer shall determine if
the appeal is allowed under the Personnel Rules and shall not consider appeals
not covered by these rules.The Hearing Officer shall dismiss such appeals upon
motion by a party to the appeal or by his or her own authority.
Section 3.Time of Hearing
Upon receipt of Notice of Appeal, the Human Resources Director shall contact
the Hearing Officer who shall schedule a time for the hearing.The hearing shall
be set for not less than forty five (45) calendar days from receipt of the Notice of
Appeal by the Human Resources Director of the employee's appeal to the
Hearing Officer.The Hearing Officer shall provide the parties to the appeal with
written notification of the date, time, and place of hearing.
Section 4.Pre -Hearing Statements
Upon receipt of the appeal to the Hearing Officer, the Human Resources Director
shall give each party to the appeal a pre -hearing statement form to be completed
by each party.The pre -hearing statement shall include the following:
a)The names, addresses, and phone numbers of all parties to the
appeal.
b)The names, addresses, and phone numbers of legal counsel or
representatives for the parties.
C)A list of witnesses, including addresses and phone numbers, and brief
summaries of their testimony.
d)A description of the exhibits to be used at hearing.
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The pre -hearing statement shall be filed directly with the Hearing Officer within
ten (10) calendar days of receipt by the parties of the pre -hearing statement.
Each party to the appeal shall provide the opposing party with a copy of the pre-
hearing statement and copies of exhibits to be used within ten (10) calendar days
of the receipt of the pre -hearing statement.Each party is responsible for keeping
the Hearing Officer and the opposing party updated on additional witnesses and
exhibits through the use of an amended Pre -hearing statement.The party
amending the pre -hearing statement shall submit one copy to the Hearing Officer
and shall provide the opposing party with a copy of the amended statement and
a copy of additional exhibits, if any.
Under no circumstances shall witness or exhibits be added within five (5)
calendar days of the hearing.No witness testimony or exhibits shall be
admissible if not identified by the proponent five (5) calendar days prior to
hearing unless the Hearing Officer determines such testimony or documentation
is necessary for rebuttal or impeachment.
Section 5.Pre -Hearing Conference
After acceptance of an appeal and designation of representatives, if any, the
Hearing Officer may, at the request of the parties or on own initiative, schedule a
pre -hearing conference at a time convenient to all parties.
At the pre -hearing conference the Hearing Officer may request exhibits, define
the issues, and accept stipulations of the parties.The Hearing Officer may rule
on the admissibility of exhibits and witnesses and may reject irrelevant or
cumulative exhibits and disapprove witnesses whose testimony is irrelevant or
cumulative.
Section 6.Subpoenas
Pursuant to Title 12, Article 13, Chapter 2, A.R.S. 12-2212, the Hearing Officer
may issue subpoenas, compel attendance of witnesses and production of
evidence, administer oaths and cause depositions to be taken.The subpoena
shall be issued in the same manner as provided for issuance of subpoenas in the
Superior Court of Arizona in the same manner as if the subpoena has been
initially issued by the Superior Court.
Any party or witness, or a representative thereof may, within two (2) calendar
days after service of the subpoena, file a motion to quash or modify the
subpoena if it is unreasonable and oppressive; or move the Hearing Officer to
condition denial of the motion upon the advancement by the person in whose
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behalf the subpoena is issued of the reasonable cost of producing the books,
papers, documents, or tangible things.
Section 7.Continuances
The Hearing Officer may, in his or her sole discretion, grant continuances during
the entire proceeding to each party for good and sufficient cause.
Section 8.Appeal Hearings
The appealing employee shall appear personally, unless physically unable to do
so, before the Hearing Officer at the time and place of the hearing.The
appealing employee may be represented by an attorney or any person other than
a member of the Human Resources department, the City Manager's Office, or a
member of the City Council.
All hearings before the Hearing Officer shall be closed. However, the Human
Resources Director and/or his/her designee(s) may attend the hearing. The
hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner most
conducive to determination of the truth.Any relevant evidence may be admitted
if it is the sort of evidence on which responsible persons are accustomed to rely
in the conduct of serious affairs, regardless of the existence of any common law
or statutory rules, which might make improper the admission of such evidence
over objection in civil actions.Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a finding unless it would be admissible pursuant to the Arizona
Rules of Evidence.The rules of privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions, and irrelevant
and unduly repetitious evidence may be excluded.Decisions made by the
Hearing Officer shall not be invalidated by any informality in the proceedings, and
the Hearing Officer shall not be bound by technical rules of evidence.
The Hearing Officer shall rule on the admission or exclusion of evidence.The
proceedings before the Hearing Officer may be recorded by a court reporter or by
audio or videotape.The original tape or recording, or a copy certified by the
Hearing Officer, shall be a part of the record of any appeal.
Each party shall have these rights:to be represented by legal counsel or other
person of choice; to call and examine witnesses; to introduce evidence; to cross-
examine opposing witnesses on any matter relevant to the issues; to impeach
any witness regardless of which party first called for testimony; and to rebut the
evidence.If the respondent does not testify in his/her own behalf, she/he may be
called and examined as if under cross-examination.
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Oral evidence shall be taken only on oath or affirmation.
Hearings involving disciplinary actions shall proceed in the following order,
unless the Hearing Officer for special reason, otherwise directs:
1.The party imposing discipline shall be permitted to make an opening
statement.
2.The appealing party shall be permitted to make an opening statement.
3.The party imposing disciplinary action shall produce the evidence on
his/her part.
4.The party appealing from such disciplinary action may then open for
defense and offer evidence in support thereof.
5.The parties may then, in order, respectively offer rebutting evidence only,
unless the Hearing Officer for good reason permits them to offer evidence
upon their original case.
6.Oral or written arguments shall be permitted at the discretion of the
Hearing Officer.
The Hearing Officer shall determine relevancy, weight, and reliability of testimony
and evidence, and shall base findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon motion of either party.
No still photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during the hearing.
The standard of review for the Hearing Officer shall be whether the action
appealed from was viewed objectively, arbitrary or was taken without reasonable
cause.The role of the Hearing Officer is limited as a matter of law; it is not a de
novo standard of review. The Hearing Officer may not substitute his or her
independent judgment simply on the belief that a reduced level of disciple would
be more appropriate to the offense.Based on this standard of review the
Hearing Officer may sustain or reject the disciplinary action invoked against the
employee.However, the Hearing Officer may not modify the disciplinary action.
The standard is not "denovo".
The Hearing Officer shall render findings of fact, conclusions of law, and decision
as soon after the conclusion of the hearing as possible, and in no event, later
than twenty (20) working days after conducting the hearing unless otherwise
stipulated by the parties.The Hearing Officer's decision shall set forth the
findings as to each of the charges and the reasons therefore.
The decision shall be filed with the emPloyee, the department director, the
Human Resources Director
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The decision of the Hearing Officer shall be final and binding upon both the
employee and the City, and therefore, not appealable to any office or body of the
City or to any other forum, administrative or judicial.
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Rule 19.Separation other than Dismissal
Section 1.Layoff
When, in the judgment of the City Manager, it becomes necessary to reduce the
number of employees in a specific job classification due to lack of work or funds,
the City may lay off any employee holding such position by classification.The
City Manager, in consultation with the Human Resources Director and the
department director shall determine the number and classes of employees to be
laid off.An employee being laid off will receive a minimum notice of two (2)
weeks.
In the event of a reduction in force (RIF), the lay off of employees shall follow the
order below:
A.Layoff by Type of Status
Non --career status employee before initial probationary status; initial
probationary status before transitional probationary status, and transitional
probationary status before career status.
B.Layoff by Classification and Seniority
Career status employees serving in a classification requiring reduction in
personnel shall be laid off in the reverse order of their appointment in that
classification, the last one so appointed being the first to be laid off.
When no position of the same class exists within the City or all employees in
the class have grater seniority than the laid -off employee, the employee may
request in writing to be placed in a lower class if the class is in the
classification series.The classification series set forth in the most current
classification manual accepted by the City Council shall be used as a guide.
The employee may request to be placed in a lower class if the employee has
previously held the position; in no circumstance shall this request be used to
effect a promotion.
.,C.Layoff Lists
A layoff list shall be maintained for each classification.All career status
employees who have been laid off shall have their names placed on the
appropriated layoff list according to seniority.The name of any employee
shall remain on that list for a period of two (2) years.
D.Reinstatement
As positions are reinstated, individuals will be reinstated from the appropriate
layoff list according to seniority; the most senior person laid off will be the first
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person hired back.Employees resume their positions without loss of
seniority, pay rate, or sick leave.It shall be the responsibility of the employee
on the layoff list to provide the City with their most current mailing address.
Upon time of reinstatement, that ernployee will be notified at the address they
have provided the City and given ten (10) working days to respond.Failure to
respond within that timeframe may result in the City's contacting the next
person on the layoff list.
E.Effective Date
The provisions of this layoff policy shall apply to employees laid off after
January 1, 1991.
Section 3.Resignation
An employee wishing to leave the classified service in good standing shall file
with the Human Resources Director through their Department Director, a written
resignation stating the effective date and reasons for leaving at least two (2)
weeks (managerial positions preferably thirty (30) days} before leaving service,
unless such time limit is waived by the Department Director and Human
Resources Director.Failure to give notice as required by this rule may be cause
for denying future employment by the City.An "exit interview" may be arranged
with the Human Resources Director and/or his/her designee.
Any employee who has resigned in writing or orally may, prior to vacating the
position, with the consent of their Department Director, Human Resources
Director, and City Manager, withdraw his/her resignation.
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