HomeMy WebLinkAboutORD1390ORDINANCE NO. 1390
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 2013";REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS,certain provisions of the existing City of Apache
Junction Personnel Rules need to be revised to reflect general
changes consisting of language clarification,grammar and
punctuation, removing non -career status from the Director/Chief of
Police and indicating that the Rules apply to the Director/Chief of
Police, clarifying the definition of discrimination and the City's
education process for discrimination and harassment, clarifying the
Fraternization Policy, and amending the Rules for Hearings before a
hearing Officers by revising the due date for certain actions; and
WHEREAS, Resolution No. 13-23 declares as public record the
document entitled "City of Apache Junction Personnel Rules 2013";
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 adopted 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 2013", three copies of which are on file in the office of
the City Clerk, which document was made a public record by
Resolution No. 13-23 of the City of Apache Junction, is hereby
ORDINANCE NO. 1390
PAGE 1 OF 3
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herein by reference are hereby repealed.
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 V DECLARING AN EMERGENCY
The immediate operation of the provisions of this Ordinance is
necessary for the immediate preservation of the public peace,
health or safety, and that an emergency shall be in full force and
effect from and after its passage adoption and approval by mayor
and Council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 2ND DAY OF JULY
2013.
SIGNED AND ATTESTED TO THIS 2N1)DAY OF
N S. INSALACO
Mayor
ORDINANCE NO. 1390
PAGE 2 OF 3
:JULY , 2013.
ATTEST:
'
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
6-26.13
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1390
PAGE 3 OF 3
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CITY OF APACHE JUNCTION
PERSONNEL RULES
RULE 1.GENERAL PURPOSE, POLICY, AND OBJECTIVES ..........................7
Section 1.Purpose ............................................................................................7
Section 2.Policy ................................................................................................7
Section 3.Objectives .........................................................................................7
Section 4.Applicability, Enforcement, and Interpretation of Personnel Rules ...8
RULE 2.DEFINITION OF TERMS ......................................................................9
Section 1.Allocation ..........................................................................................9
Section 2.Anniversary Date ..............................................................................9
Section 3.Appointment .....................................................................................9
Section 4.Career Status ...................................................................................9
Section 5.Class ................................................................................................9
Section 6.Classification Date ............................................................................9
Section 7.Classification Plan ............................................................................9
Section 8.Classified Service ...........................................................................10
Section 9.Compensatory Time .......................................................................10
Section 10.Creditable Time ............................................................................10
Section 11.Demotion ......................................................................................10
Section 12.Department Director .....................................................................10
Section 13.Dismissal/Termination ..................................................................10
Section 14.Eligible List ...................................................................................10
Section 15.Employee .....................................................................................11
Section 16.Human Resources Director ..........................................................11
Section 17.Job Description .............................................................................11
Section 18.Lay-off ..........................................................................................11
Section 19.Non -classified Positions ...............................................................11
Section 20.Overtime Hours ............................................................................12
Section 21.Performance Report .....................................................................12
Section 22.Personnel Ordinance ....................................................................12
Section 23.Position ........................................................................................12
Section 24.Probation Period ...........................................................................12
Section 25.Promotion .....................................................................................12
Section 27.Reemployment .............................................................................13
Section 28.Reinstatement ..............................................................................13
Section 30.Sick Leave ....................................................................................13
Section 31.Suspension ...................................................................................13
Section 32.Transfer ........................................................................................13
Section 33.Unpaid Absence ...........................................................................13
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Section 34.Vacation .......................................................................................13
Section 35.Written Reprimand .......................................................................13
Section 36.Written Notice ...............................................................................14
Section 37.Work Period ..................................................................................14
RULE 3.GENERAL PROVISIONS ...................................................................15
Section 1.Equal Employment Opportunity ......................................................15
Section 2.Loyalty Oaths .................................................................................15
Section 3.Residency Requirements and Use of City Vehicle .........................15
Section 4.Compliance with the Immigration Reform and Control Act of 1986 16
Section 5.Affirmative Action ...........................................................................16
Section 6.Ethics .............................................................................................16
Section 7.Safety .............................................................................................17
Section 8.Gratuities/Solicitations ....................................................................17
Section 9.Outside Employment ......................................................................18
RULE 4.RECRUITMENT AND SELECTION ....................................................19
Section 1.Policy Statement ............................................................................19
Section 2.Application Forms ...........................................................................19
Section 3.Recruitment and Selection Process ...............................................19
Section 4.Examination Results .......................................................................19
Section 5.Eligible Lists ...................................................................................20
Section 6.Hiring of Relatives ..........................................................................20
RULE 5.APPOINTMENTS, STATUS, AND PROBATION ...............................21
Section 1.Types of Positions ..........................................................................21
Section 2.Employee Status ............................................................................22
Section 3.Attainment of Status .......................................................................22
Section 4.Probation ........................................................................................23
Section 5.Duration of Probation .....................................................................24
Section 6.Effect of Status on Employee Rights and Privileges .......................25
Section 7.Types of Appointments ...................................................................26
Section 8.Reassignments ...............................................................................26
Section 9.Exempt and Nonexempt Personnel ................................................27
RULE 6. CLASSIFICATION ..............................................................................28
Section 1. Adoption, Amendment, and Revision of Plan .................................28
Section 2. Classification of Positions ...............................................................28
Section 3.Reclassification of Positions ...........................................................28
Section 4.Creation, Abolishment and Reclassification of Positions ................29
RULE 7.EMPLOYEE RECORDS .....................................................................30
Section 1.Policy ..............................................................................................30
Section 2. Accessibility ....................................................................................30
Section 3.Contents of Personnel File .............................................................30
Section 4.Status Changes ..............................................................................31
RULE 8.ATTENDANCE AND LEAVES ...........................................................32
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Section 1.Attendance .....................................................................................32
Section 2.Vacation Leave ...............................................................................32
Section 3.Sick Leave ......................................................................................33
Section 4.Workers' Compensation .................................................................36
Section 5.Military Leave .................................................................................36
Section 6.Leave of Absence without Pay .......................................................37
Section 7.Leave with Pay ...............................................................................38
Section 8.Jury Leave ......................................................................................38
Section 9.Subpoena Leave ............................................................................38
Section 10.Administrative Leave ....................................................................38
Section 11.Bereavement Leave .....................................................................39
Section 12.Holidays ........................................................................................40
Section 13.Birthday Leave .............................................................................41
Section 14.Rest Periods .................................................................................41
Section 15.Family and Medical Leave Policy .................................................42
RULE 9.OVERTIME .........................................................................................49
Section 1.Policy ..............................................................................................49
Section 2.Exempt and Non -covered Employees ............................................49
Section 3.Work Period ....................................................................................50
Section 4.Overtime Accrual ............................................................................50
Section 5.Hours Worked ................................................................................50
Section 6.Calculation of Overtime ..................................................................53
Section 7.Compensatory Time in Lieu of Paid Overtime ................................53
Section 8.Payment of Compensatory Time at Termination of Employment ...54
Section 9.Substitution of Work Hours between Employees ............................54
Section 10.Travel Time ..................................................................................55
RULE 10.PERFORMANCE REPORT ..............................................................56
Section 1.Purpose ..........................................................................................56
Section 2.Performance Reporting Requirement during Probation ..................56
Section 3.Performance Reporting Requirements Following End of Probation 56
Section 4.Unsatisfactory Ratings ...................................................................57
Section 5.Grievance and Appeals Relating to Performance Reports .............57
Section 6.Procedure when Anticipated Rating will be Unsatisfactory .............57
Section 7.Salary Increase ..............................................................................57
RULE 11. DRUG -FREE WORKPLACE POLICY ..............................................58
Section 1.Purpose ..........................................................................................58
Section 2.Policy Statement ............................................................................58
Section 3.Definitions .......................................................................................58
Section 4.Over-the-counter or Prescribed Medications ..................................59
Section 5.Applicants and Employees Subject to Testing ...............................60
Section 6.Policy Violation ...............................................................................62
Section 7.Effect of Failure to Comply with Policy ...........................................62
Section 8.Employee and Applicant Consent Form .........................................62
Section 9.Rehabilitation ..................................................................................62
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Section 10.Searches ......................................................................................63
Section 11.Confidentiality ...............................................................................63
Section 12.Employee Responsibilities ...........................................................63
Section 13.Management Responsibilities .......................................................64
Section 14.Drug and Alcohol Testing Methodology ........................................65
Section 15.Procedures ...................................................................................65
Section 16.Commercial Driver's License Holders ...........................................66
RULE 12.POLICY AGAINST DISCRIMINATION ............................................67
Section 1.Policy Statement ............................................................................67
Section 2.Initiating a Discrimination or Sexual Harassment Complaint ..........69
Section 3.Investigation Procedure ..................................................................70
Section 4.Discipline ........................................................................................70
Section 5.Reprisals Prohibited .......................................................................71
RULE 13.POLICY AGAINST VIOLENCE IN THE WORKPLACE ...................72
Section 1.Policy Statement ............................................................................72
Section 2.Prohibitions .....................................................................................72
Section 3.Applicability ....................................................................................72
Section 4.Initiating a Complaint Involving Violence in the Work Place ...........72
RULE 14.FRATERNIZATION POLICY ............................................................73
Section 1.General Information ........................................................................73
Section 2.Policy ..............................................................................................73
Section 3.Reporting Requirements ................................................................73
RULE 15.POLITICAL ACTIVITIES ...................................................................74
RULE 15.POLITICAL ACTIVITIES ...................................................................74
Section 1.Purpose ..........................................................................................74
Section 2.Policy Statement ............................................................................74
Section 3.City Council Elections .....................................................................74
Section 4.Other Candidate Elections ..............................................................75
Section 5.Retaliation Prohibited .....................................................................76
Section 6.Other Permitted Activity ..................................................................76
Section 7.Protection of Civil Liberties .............................................................77
RULE 16. DISCIPLINE ......................................................................................78
Section 1.Disciplinary Actions ........................................................................78
Section 2.Grounds for Discipline ....................................................................78
Section 3.Written Reprimands ........................................................................79
Section 4.Pre -Disciplinary Meeting ................................................................80
Section 5.Notices of Suspension, Demotion, or Termination .........................81
Section 6. Taking Disciplinary Action ...............................................................82
Section 7.Effect of Technical Omissions ........................................................82
RULE 17.GRIEVANCE AND APPEAL PROCEDURES ..................................83
Section 1.Purpose of Grievance and Appeal Procedures ..............................83
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Section 2.General ..........................................................................................84
Section 3.Prohibited Grievances and Appeals ...............................................85
Section 4.Grievance Procedure .....................................................................85
Section 5.Time Computation ..........................................................................86
Section 6.Appeal Procedure ...........................................................................87
Section 7.Time Extension ...............................................................................87
RULE 18.RULES FOR HEARINGS BEFORE A HEARING OFFICER ............88
Section 1.Hearing Officer ...............................................................................88
Section 2.Right of Appeal ...............................................................................88
Section 3.Time of Hearing ..............................................................................88
Section 4.Pre -Hearing Statements .................................................................88
Section 5.Pre -Hearing Conference ................................................................89
Section 6.Subpoenas .....................................................................................89
Section 7.Continuances .................................................................................90
Section 8.Appeal Hearings .............................................................................90
RULE 19.SEPARATION OTHER THAN DISMISSAL ......................................93
Section 1.Layoff .............................................................................................93
Section 2.Resignation ....................................................................................94
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Rule 1.General Purpose, Policy, and Objectives
Section 1.Purpose
To establish Personnel Rules for the City of Apache Junction.
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;
3.That involuntary separation of career status employees be for
cause;
4.That no unlawful discrimination be practiced.
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Section 4.Applicability, Enforcement, and Interpretation of
Personnel Rules
These Rules shall apply to all City of Apache Junction career status
employees.Elected officials, city manager, city attorney, and magistrate
judge are not career status employees.
The Human Resources Director is responsible for the interpretation and
enforcement of the personnel rules.
In the event the Mayor declares a City emergency/disaster, parts or all of
these Rules may be suspended and temporary operating procedures may
be established in their place.
The City of Apache Junction may modify its practices as appropriate upon
knowledge of an amendment or enactment of a law that may pertain to
employment.
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Rule 2.Definition of Terms
The following terms, whenever used in the rules, shall be defined as
follows:
Section 1.Allocation
The assignment of a position to its proper class in accordance with the
duties performed and the authority and responsibilities exercised. This is
synonymous with the term classification.
Section 2.Anniversary Date
Annual reoccurrence of the date on which an employee was hired.
Section 3.Appointment
The act of filling a position.
Section 4.Career Status
Employees who serve a probationary period and are not temporary,
seasonal, intermittent, part time 19 hours or less, or contractual.
Section 5.Class
A position or group of positions sufficiently similar in duties and
responsibilities that the same or similar requirements for education,
experience, knowledge, ability, and other qualifications may be required
so that the same compensation schedule can be applied.
Section 6.Classification Date
Annual reoccurrence of the date on which an employee was appointed to
a title.
Section 7.Classification Plan
The arrangement of positions under separate and distinct classes.
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Section 8.Classified Service
All positions in the City service except for those positions in the non-
classified service, examples of non -classified positions are:city manager,
city attorney, presiding magistrate, director/chief of police, city council
members, and mayor, and contractual positions.
Section 9.Compensatory Time
Those hours worked in excess of the established number of hours for the
established work period and accrued, rather than compensated as
overtime,in the employee's compensatory bank to be used for authorized
time off.
Section 10.Creditable Time
That period of service during which sick leave and vacation time accrue.
Section 11.Demotion
The appointment of an employee from a position in one class to a position
in another class assigned a lower salary group.
Section 12.Department Director
Those officers or employees who are appointed and/or employed as the
principal employee of a department or stand alone division for the
discharge of duties provided by law or of a particular delegated function as
indicated on the organizational chart.
Section 13.Dismissal/Termination
An employee's separation from employment for cause.
Section 14.Eligible List
A list of names of persons who have applied for employment in the
classified service and who have qualified for consideration by
demonstrating their fitness for such employment.
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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.Human Resources Director
The Human Resources Director administers the provisions of the
Personnel Rules and City policies affecting employees not specifically
reserved to the City Council, the City Manager, or the Hearing Officer.
The Human Resources Director is responsible for the administration of the
merit system. This includes, but is not limited to, interpreting personnel
rules and regulations, the authority to review the hiring, firing, transferring,
promoting, demoting, suspending, resignation, separation, and reinstating
of employees, management of the classification and compensation
system, the performance evaluation system and maintenance of employee
records.
Section 17.Job Description
A written statement of the characteristic duties, responsibilities, and
qualification requirements that distinguish a given class from other
classes.
Section 18.Lay-off
The separation of an employee occurring when a position in the classified
service has been abolished, or when there is a reduction in force (RIF).
Section 19.Non -classified Positions
Non -classified means the job has no established minimum qualifications
until time of recruitment.Generally this is due to the nature of
appointment and/or responsibilities
The city manager, city attorney, presiding magistrate, director/chief of
police, and city council positions are non -classified positions.
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Section 20.Overtime Hours
Eligible hours in excess of the established number of hours for the
established work period.
Section 21.Performance Report
The periodic evaluation of an employee's work.
Section 22.Personnel Ordinance
An ordinance that creates or amends a personnel system for the City of
Apache Junction, Arizona.
Section 23.Position
An aggregation of tasks and responsibilities requiring the services of one
person.
Section 24.Probation Period
A specific period of time following an initial, promotional, re-employment,
transfer or demotion appointment which is a work -test period for the
employee and during which the employee is appointed on a trial basis.
Section 25.Promotion
The appointment of an employee from a position in one class to a position
in another class with a higher salary group assignment.
Section 26.Reclassification
The process of allocating positions to a more appropriate class whether
new or existing in the classification plan as a result of material changes in
the duties of the position.
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Section 27.Reemployment
The appointment of a former employee during the twelve (12) months
immediately following the employee's separation from the classified
service.
Section 28.Reinstatement
The appointment of a person from a layoff list.
Section 29. Separation
The termination of employment by reason of unsatisfactory completion of
the probationary period, lay-off, resignation, retirement, dismissal, or
death.
Section 30.Sick Leave
Time off with pay granted by the City to career status and probationary
employees who regularly work in excess of 19 hours per week.
Section 31.Suspension
The temporary separation from employment of an employee with or
without pay for disciplinary purposes.
Section 32.Transfer
The appointment of an employee to another department and from a
position in one class to a position in the same class or comparable class.
Section 33.Unpaid Absence
An absence other than one resulting from the use of accruals, paid
emergency absences, or other paid leaves of absence.
Section 34.Vacation
Time off with pay granted to employees at the convenience of the City.
Section 35. Written Reprimand
Written disciplinary notice issued to an employee.
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Section 36.Written Notice
A written communication delivered in person or by mail.
Section 37.Work Period
A fixed and regularly recurring period upon which overtime compensation
may be calculated.
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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 ARS § 38-231.
Section 3.Residency Requirements and Use of City Vehicle
Residency
All employees are encouraged to reside within the corporate limits of the
City of Apache Junction.
The City Manager, City Attorney, Director/Police Chief, Police Captains,
Public Works Director and other persons the City Manager may specify
are designated to be key emergency personnel and are required to live
within a 15 minute response time to their work location.
Certified police officers are required to live within a 25 minute response
time to the police department.On a case by case basis, upon written
recommendation of the director/chief of police, the city manager can
provide a written waiver of this requirement for certified police officers.
Such waiver will be placed in the officer's personnel file.
Use of City Vehicle
Key emergency personnel shall have the use of a City vehicle 24/7.
No employee, who resides outside the corporate limits of the City, unless
designated by the City Manager in writing, shall have the use of a city
vehicle for other than regular working hours.
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Section 4.Compliance with the Immigration Reform and Control Act
of 1986
All U.S. employers are responsible for completion and retention of
Form 1-9 for each individual they hire for employment in the United States.
This includes citizens and noncitizens. Acceptable documents are listed
on the back of the form.If the required documentation is not received
from the employee within three (3) business days of the date of hire, the
employee shall be terminated.
Section 5.Affirmative Action
In the City of Apache Junction, an affirmative action program means using
a personnel system designed for inclusion of otherwise qualified workers
in personnel actions, regardless of race, religion, age, sex, physical
handicap, color, national origin, or political or religious opinion or affiliation.
The City utilizes both external and internal dissemination of EEO policies
and job opportunities, targeted recruitment if necessary, non -preferential
training programs and internal reviews and evaluation of operations.
Section 6.Ethics
It is the employee's ethical obligation to refrain from using his/her
position for any personal gain beyond salary and City provided employee
benefits.It is unethical for any employee to use public influence or
"inside" or confidential information for his/her personal advantage.City
employees are required to comply with conflict of interest laws.
A public employee must never allow him or herself to be placed under any
kind of personal obligation which could allow any person to expect official
favors. All employee official acts must be free from the intent of favoritism,
prejudice, personal ambition, or partisan demands.
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Section 7.Safety
The City of Apache Junction is committed to provide employees, a safe
and healthy working environment.The City makes every effort to comply
with relevant federal and state occupational health and safety laws and to
develop operations, procedures, technologies, and programs
conducive to a safe and healthy work environment.
The City's goal is to minimize health and safety risk exposures to
employees, to the citizens, and to visitors to City facilities.All City
employees are expected to work in a manner which maintains safe and
healthy working conditions and adhere to operating practices and
procedures designed to prevent injuries and illnesses.
Each employee has a responsibility to:
•Exercise maximum care and good judgment at all times.
•Report all injuries to supervisors and seek first aid regardless of
how minor.
•Report unsafe conditions, equipment, or practices to his/her
supervisor.
•At all times use safety equipment provided by the City.
•Conscientiously observe all safety rules and regulations
•Notify his/her supervisor, before beginning the work day, of any
medication he/she is taking which may cause drowsiness or
other side effects that could lead to injury to either him/herself or
to his/her co-workers.
Section 8.Gratuities/Solicitations
It is inappropriate for employees to accept or solicit anything of economic
value such as a gift, gratuity, favor, entertainment, or loan which might
appear to influence official conduct.This does not mean that employees
are prohibited from accepting food or refreshments of nominal value on
occasions where the employee is representing the City. This also does
not prohibit the acceptance of unsolicited advertising or promotional
material such as pens, pencils, and calendars.
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Section 9.Outside Employment
Outside employment shall not conflict with the position held in the City.
Career status employees are to consider the City of Apache Junction as
the primary employer.
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Rule 4.Recruitment and Selection
Section 1.Policy Statement
Career status employees who apply for positions under recruitment and
who meet the minimum qualifications of the position will be considered for
appointment. Appointments are based upon fitness for the position.
Section 2.Application Forms
All applicants for positions must complete an application form prescribed
by the City.Applications must be signed by the person submitting the
application and become the property of the City.
Section 3.Recruitment and Selection Process
The City may recruit applicants for vacant positions from outside the
classified service and from within the classified service simultaneously if it
is in the best interests of the City to do so.Any employee with career
status and who meets the minimum qualifications for the position may
apply for appointment to a vacant position.Probationary employees may
apply for appointment to a vacant position with the approval of their
department director.
The selection process may consist of, but is not limited to, evaluation of
application material, interviews, written examinations, performance tests,
assessment centers, physical ability tests, probation periods, or any other
appropriate measure of fitness.
Section 4.Examination Results
Unless otherwise stated in the testing service agreement, candidates may
inspect their own examination papers,
Each candidate in an examination shall be given notice of examination
results.
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Section 5.Eligible Lists
An eligible list shall remain active for six (6) months or until exhausted,
whichever comes first, and may be extended prior to its expiration date by
action of the Human Resources Director.In no event shall an eligible list
remain active for more than 18 months.
The name of any person appearing on an eligible list shall be removed by
the Human Resources Director if the person whose name on the list
makes written request to have it removed, or if the eligible person fails to
respond to a notice of eligibility mailed to the last known address of
record.
Section 6.Hiring of Relatives
The City shall not permit career status employees related by blood or
marriage to the degree as follows:parent, spouse, child, grandparents,
grandchildren, brother, sister (of the one-half as well as the whole), uncle,
aunt, niece, nephew, first cousin, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother -in law, or sister-in-law to work in the same
department.This rule applies to any other relationship which may be
construed to have similarities to either blood or marital relationships,
i.e. adoption, guardianship, etc.
Seasonal, intermittent, contractual and temporary employees may work
within the same department so long as one of the relationships as defined
above are not, or will be,in the seasonal, intermittent, contractual or
temporary's supervisory chain -of -command.
If one or more of the relationships outlined above are created by City
employees working in the same department, one or more of the
employees will be transferred to a position in the City for which they
qualify.The transfer will take place at the earliest practical date.If two
people working within the same department marry, one of them shall be
transferred or relocated within the City as soon as practical to ensure they
do not work within the same department.
No person related by blood or marriage as defined above, of an active city
council member, city manager, city attorney, magistrate judge, or
department head, shall be appointed to a position in the City of Apache
Junction.Source: ARS 38-481.
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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 duration and position
characteristics.
A.Duration
1.Unlimited position.
A position which has no specified ending date.
2.Limited position
A position that has a specified ending date.Examples are
positions created, on a temporary basis, to replace an
employee on leave without pay or positions created to meet
a seasonal need.
B.Position Characteristics
1.Full-time
A position in which an employee is generally scheduled to
work forty (40) hours per week.
2.Part-time
A position in which an employee is generally scheduled to
work less than forty (40) hours per week.
3.Seasonal
A position in which an employee is employed to meet regular
recurring seasonal needs.
4.Intermittent, Temporary, or Per Diem
A position in which an employee works as needed.
5.Contractual
A position in which an individual receives compensation and
other benefits per a contract.
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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 position, other than a non -career status position, shall
hold initial probationary status for the probation period, which is one
(1) year; unless they are appointed to a title which requires AZ
POST certification, refer to Rule 5, Section 5.
In the event of placement from a layoff list, the employee will not
serve a probation period unless the employee is appointed from a
layoff list and there was time remaining in his/her probation period
in the title appointed, in which case the employee will complete the
time remaining in his/her probationary period.
B.Career Status
Employees attain career status through successful completion of
the probation period, which may be evidenced by an end of
probation notification.
An employee promoted while on initial probation shall attain career
status in the former position upon satisfactory completion of the
number of months remaining in the probation period in the former
position.In order to achieve career status in the position to which
promoted, the employee shall serve the probation period required
for that position in transitional probationary status.
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Transitional probation
Every career status employee who is promoted, transferred, or
voluntarily demoted shall hold transitional probation status for the
full probationary period of the new position where a probation
period is required. The transitional probation period is six (6)
months.In the event of placement due to layoff action, the
employee will not serve a probation period; however, if an
employee is appointed from a layoff list and to a title in which there
was time remaining in his/her probation period, the employee will
complete the time remaining in his/her probation period.
D.Non -career Status
Employees who are appointed to limited, intermittent, seasonal,
part time 19 or less hours, or contractual positions shall hold
non -career status for the duration of the appointment and shall not
serve a probation period.Non -career status employees include
contract employees such as the city manager, city attorney, and
presiding magistrate.
Section 4.Probation
Probation periods shall be regarded as integral parts of the recruitment and
selection process and shall be utilized for close observation of the employee's
work, performance of duties, job dedication and for securing the most effective
adjustment of a new employee to the position and to separate or demote an
employee whose performance does not meet required standards in accordance
with the following:
A.Separation during initial probation
An employee in initial probationary status may be separated at any time
without cause and without right of appeal.
After discussion with, and the recommendation of the Human Resources
Director, the department director is responsible for notifying the
probationer and the Human Resources Director of an employee's pending
separation, probation extension, or attainment of career status. It is
recommended that notification to the probationer and the Human
Resources Director be up to two (2) weeks prior to the action and
probation period end.
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B.Separation during transitional probation
An employee in transitional probationary status may be separated if the
employee does not perform satisfactorily during the transitional probation
period.An employee in transitional probationary status has no right to
return to his/her former position.
The Department director is responsible for notifying the probationer and
the Human Resources Director, prior to the end of the probation period, of
successful or unsuccessful completion of probation.
Section 5.Duration of Probation
A.Initial
The initial probation period shall be one (1) year of actual service from the
date of appointment, except for police personnel in titles requiring AZ Post
certification.
The initial probation period for titles requiring AZ Post certification shall be
one (1) year, providing they hold AZ POST certification at time of
appointment.Those not holding AZ Post certification at time of
appointment and where AZ Post Certification is required to continue in the
title shall serve a fifteen (15) month probation period.
At the request of a department director, the Human Resources Director
may approve an extension of the initial probation period, to a maximum of
three (3) months actual service.
B.Transitional
The transitional probation period shall be six (6) months from applicable
action and is required for transfers, promotions, and voluntary demotions
unless requested to be waived by the Department director and approved
by the Human Resources Director.
At the request of a department director, the Human Resources Director
may approve the extension of the transitional probation period for up to
three (3) months actual service.
Actual service shall be measured in calendar days, regardless of whether
the position has a full-time or part-time work schedule.
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Section 6.Effect of Status on Employee Rights and Privileges
A.Employees in Initial Probationary Status
1.May be separated or demoted at any time for any reason without
cause except for unlawful discrimination as defined in Rule 17,
Grievance and Appeal Procedures;
2.May not grieve or appeal any decision relating to his or her
employment, including dismissal, except for alleged unlawful
discrimination as provided in Rule 17,Grievance and Appeal
Procedures.
B.Employee in Career Status
1.May be disciplined or dismissed only for cause;
2.May file a grievance or appeal for the reasons specified in Rule 17,
Grievance, and Appeal Procedures;
3.May receive reinstatement appointments without serving a new
probation period.
C.Employees in Transitional Probationary Status
An employee in transitional probationary status and who has
completed an initial probationary status has the rights and privileges of
an employee in career status.
However, an employee in transitional probationary status has no right
to return to his/her former position and may be discharged upon
unsuccessful completion of his/her probationary period.
D.Employees in Non -career Status
1.May be separated at any time;
2.May not grieve or appeal any employment decision or action under
these rules except on grounds of unlawful discrimination as defined
in Rule 17,Grievance and Appeal Procedures.
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Section 7.Types of Appointments
A.Promotion Appointment
The appointment of a career status employee from a position in one class
to a career position in another class assigned a higher salary group.
B.Reinstatement Appointment
The appointment of a person who has been laid off from a classified
position and which is made from a layoff list as a result of an approved
vacancy.
C.Re-employment Appointment
The re-employment of a former employee during the twelve (12) months
immediately following the employee's separation from the City service.
D.Transfer Appointment
The appointment of a career status employee from one department to
another department and from a position in one class to a position in the
same or comparable class.
No employee shall be transferred to a position for which the employee
does not possess the minimum qualifications.Both department directors
must consent to the transfer.
E.Demotion Appointment
The appointment of a career status employee from a position in one class
to a position in another class assigned a lower salary group.
1.A department director may demote an employee whose ability to
perform required duties falls below standard or for disciplinary
purposes.Written notice of the demotion shall be in accordance
with Rule 16, Discipline, Section 4,Pre -disciplinary Meeting.
2.An employee may voluntarily demote to a lower level position
provided the employee meets the minimum qualifications for the
position and the affected department directors consent to the
demotion.
Section 8.Reassignments
A department director may assign or reassign an employee at any time to
any position within the employee's classification and in the same
department.
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Section 9.Exempt and Nonexempt Personnel
An employee is designated exempt or nonexempt in accordance with the
Fair Labor Standards Act (FLSA).
A.Exempt Employees
Executive, administrative, or professional employees, who meet the
criteria established by the FLSA as amended, are exempt from
overtime pay.Notwithstanding any other provision of these Personnel
Rules or any other policy of the City of Apache Junction, all executive,
administrative and professional employees shall receive a salary that is
not subject to deduction for absences of less than one (1) day unless
those absences are covered by the Federal Family and Medical Leave
Act (FMLA) or the deduction is a penalty or disciplinary measure taken
for infractions of safety rules of major significance.The FLSA allows
deductions for one or more full days for infractions of workplace
conduct rules.(FLSA IT 221 Disciplinary Deductions)
B.Nonexempt Employees
Nonexempt employees are FLSA covered employees who do not meet
the criteria for exempt employees.Non-exempt employees must be
compensated at time and one-half their regular rate of pay for all hours
worked in excess of 40 within the position's designated 7 -day work
period. Nonexempt employees shall be compensated for overtime in
accordance with Rule 9, Overtime.
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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 or through action of the city manager pursuant to
these rules.
Requests for amendments and revisions to the classification plan requiring city
council action are presented to the city council by the Human Resources Director
or his/her designee through the city manager.
Section 2.Classification of Positions
The Human Resources Director is responsible for classifying every position in the
classified service.
Section 3.Reclassification of Positions
A filled position may be reclassified from one class to another class on an
individual basis by the Human Resources Director under the following
circumstances:
A.Significant changes have occurred in the level of duties and
responsibilities of the position, rather than changes in the performance
of the incumbent; and
B.Such change has been gradual, rather than resulting from assignments
to a specific employee in a short period of time; and
C. Such changes in duties and responsibilities are of a permanent nature.
D. The department director or an incumbent may request a classification
review of the position.The request shall be in writing and to the Human
Resources department.
E.The determination by the Human Resources Director of the appropriate
class shall be final and is not subject to the grievance or appeal
procedure.
Reclassification shall not be used for the purpose of avoiding conditions for
demotions and promotions.
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Section 4.Creation, Abolishment and Reclassification of Positions
Creation, abolishment, and reclassification of positions in salary group 67 and
above may be initiated by the Human Resources Director to the city council
through the city manager.The city council may amend the classification plan as
appropriate.
In response to city staffing needs, the City Manager has the authority to modify
the classification plan for positions in salary group 66 and below.
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Rule 7.Employee Records
Section 1.Policy
The official employee personnel file is maintained by the Department of Human
Resources
Employee records will be kept confidential except as required by State or Federal
law.
Section 2.Accessibility
Employee records considered public records are available pursuant to Arizona
Law.
Employee personnel records maintained by the city are accessible to the
following:
A.City Manager, Human Resources department staff, employee, department
director, and supervisor.
B.The employee for review of his/her own individual personnel file.
An employee may review his/her official personnel file by appointment.
Employees shall not remove any records from the personnel file but may
obtain copies of records.
C.City department director and supervisor considering appointment of a city
employee, who has responded to a bona fide recruitment.
D.Legal representatives of the employee and the city.
E.Records that are subpoenaed.
F.Any person or organization with a signed written release statement from
the employee.
Section 3.Contents of Personnel File
No documents pertaining to discipline or other matters of a negative nature shall
be placed in an employee's personnel file without the prior knowledge of the
employee and the employee's department director.
Employees may place into their personnel file their written response to any
evaluation, report, disciplinary action, or other documentation put into the file by
the city.Such written response shall be submitted to the department director
with a notation on the response that it is copied to the Human Resources
department.Upon receipt in Human Resources the response shall be placed in
the employee's file.
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Section 4.Status Changes
The employee shall keep the Human Resources Department informed of his/her
current address and telephone number as well as any change in marital status or
number of dependents.
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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 from work
for three (3)or more consecutive working days without authorization.This
absence is automatically considered resignation by lob abandonment.
Tardiness and/or absenteeism or pattern of absences and/or tardiness may
result in disciplinary action.
Section 2.Vacation Leave
Employees shall be entitled to annual vacation leave with pay except the
following:
A.Employees who have served less than six months in the service of the
City.
B.Employees who work less than 1,040 hours per year.
Upon completion of six (6) months of actual service, each eligible employee shall
be credited with up to forty-eight (48) hours of vacation and shall accrue vacation
thereafter at the rate specified in this rule.
All vacation leaves are to be taken at the convenience of the department and
shall be approved in writing, or through automation, by the department director or
his/her designee.
Vacation credits shall not be allowed to accumulate in excess of 320 hours at the
first of January of any calendar year.Any carryover of vacation credits in excess
of 320 hours at the first of any calendar year becomes void at that time.
It is the responsibility of the employee to schedule his/her vacation time in
compliance with departmental workloads and needs.
In cases where employees are unable to use accrued vacation due to
department workload, an exception may be made with city manager approval.
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The annual vacation leave is as follows for employees working 2,080 annually:
1 year -4 years 96 hours
5 years -9 years 120 hours
10 years -14 years 144 hours
15 years or more 192 hours
Vacation leave credits are pro -rated for employees who work between 1,040 and
2,080 hours annually.Vacation leave accrual is based on continuous active
employment and will not accrue during a pay period when on unpaid status for
the full pay period.
Section 3.Sick Leave
In accordance with the provisions set forth in this section,employees who
become ill or are injured may use available sick leave credits. Use of sick leave
credits shall not be considered a right but rather a privilege and shall be allowed
only under the conditions outlined in this Section.
A.Accrual
1.All career status and probationary employees who work 20 hours or
more a week earn sick leave credits.Employees who work 40
hours per week accrue eight (8) hours each month.Employees
who work a minimum of 20 hours but less than 40 hours weekly
accrue sick leave on a prorated basis.
2.The employee must have completed thirty (30) days of employment
before sick leave credits are granted.
3.Accrual of sick leave credits is based on continuous active
employment and will not accrue during a pay period when an
employee is on unpaid status for the full pay period.
4.All employees may bank a maximum of 1,040 hours. Sick leave
credit is neither earned nor posted when an employee is at the
maximum.
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B.Use of Sick Leave Credits
1.Sick leave credits may be used for absences due to illness or injury,
dental, optical, or medical appointments, quarantine regulations, and
serious illness of the employee, or when through exposure to a
contagious disease a physician certifies that the employee's presence
jeopardizes the health of others.
2.Employees shall notify their immediate supervisor prior to, or within
one hour, of the employee's scheduled starting time. An employee
must notify his/her supervisor on each day of absence unless other
arrangements have been made with the supervisor. Failure to do so
will result in the employee being absent without leave and may result
in disciplinary action.
-Department directors may establish written sick leave reporting
procedures which differ from this standard for their department
or specific division/units within their department or for individual
workloads.
3.Family Sick Leave
No more than 40 hours of sick leave credit each calendar year
may be taken in cases in which an employee is absent for
reasons of illness or injury, dental, optical or medical
appointments for his/her immediate family or foster child.
Immediate family includes parents, spouse, children, brother,
sister, grandparents, grandchildren or any relative who resides
with the employee.
4.Upon approval by the department director, employees who have
exhausted their sick leave credits may substitute their accumulated
vacation leave credits during absence as set forth in this Section.
Should an employee require an unpaid leave to support their
absence because all accruals have been exhausted and there
are no leave donations,Rule 8. Section 6. Leave of Absence
without Pay applies.
5.Sick leave credits shall not be granted in advance of accrual.
6.If the employee did not submit a Leave Request prior to the absence,
the employee shall do so immediately upon his/her return to work or
upon request.
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C.Investigation of Sick Leave
1.Department directors may investigate the alleged illness of an
employee absent on sick leave.False or fraudulent use of sick leave
shall be cause for disciplinary action up to and including termination.
2.A department director may require submission of evidence from a
licensed health-care practitioner substantiating the need for sick leave.
If the department director determines the evidence is inadequate, the
absence shall be charged to another category of leave or considered an
unauthorized absence.
D.Employer -initiated Exam
When a department director has reason to believe an employee should
not work due to illness, injury, or performance issues that may relate to
fitness for duty, the department director may seek approval of the Human
Resources Director, to require an employee be examined by a licensed
health-care practitioner.The licensed health-care practitioner shall be
designated by the Human Resources Director.
If the licensed health-care practitioner determines that the employee
should not work due to illness or injury, the department director may place
the employee on sick leave, or if the employee's sick leave is exhausted,
on other leave as appropriate.
If the licensed health-care practitioner determines that the employee
cannot perform the essential functions of his/her regular class, the
department director and Human Resources Director will investigate
possible reasonable accommodation for the employee.The department
director may require the employee to obtain approval from the licensed
health-care practitioner prior to the employee's return to his/her former
class.
The City pays for all examinations required pursuant to an employer
initiated exam. The employee shall not be charged any leave credits while
participating in or traveling to or from any examination required pursuant
to an employer initiated exam.
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E.Sick Leave Payout
The City offers a payout upon an employee death or when an employee
resigns in good standing. Reference Rule 19 Section 2.
The payout shall be as follows:
Hours between
Hours between
Hours between
0—320 @ 0%
321—639 @ 50%
640— 1040 @25%
F.Donation of Sick Leave Hours between Employees
Donation of sick or vacation leave hours are established by
Administrative Procedure.
Section 4. Workers' Compensation
Workers' compensation and on the job illness or injury procedures are
established by administrative procedure.
Employees who sustain a job related injury compensable under the Arizona
Workers' Compensation law are covered by the provisions of that law.
Section 5.Military Leave
Military leave shall be granted in accordance with State and Federal law.
All employees entitled to military leave shall give their supervisors an
opportunity, within the limits of military regulations, to determine when such leave
shall be taken. The request process for this leave is established in the City's
Administrative Procedures.
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Section 6.Leave of Absence without Pay
A written request for a Leave of Absence without Pay must be submitted to the
employee's department director.The employee's department director reviews
the request and if supported, submits it with his/her support for the leave to the
Human Resources director for consideration.
Leave shall be granted only upon written approval of the Human Resources
Director, and may be granted for no more than three (3) months in a 12 month
period.
A leave of absence without pay may be granted for up to 12 months, if the
absence is due to a workers' compensation covered event.
Benefits, Accruals, Holidays
-The employee's health and dental benefits will be cancelled
-The employee may, at his/her option continue health and
dental coverage through COBRA
-The city's Human Resources Office will issue a COBRA letter
and the employee may elect to continue his/her health and
dental insurance and pay the full premium (employee and
employer portion) plus 2%
-credits do not accrue
-the employee is not entitled to compensation for holidays that
are eligible for holiday pay
Retirement Credit
-The employee is encouraged to consult with his/her retirement
system for information regarding retirement service credit and
his/her leave of absence without pay
Termination of Leave of Absence without Pay
An employee on a Leave of Absence without Pay is not
protected from changes at work and is not entitled to any
greater restoration right than those of an employee not taking a
Leave of Absence without Pay. Upon return from an approved
leave of absence without pay, the employee shall be reinstated
to the position held at the time leave was granted, only if the
position is available.
Failure on the part of an employee to report to duty upon
expiration of the leave shall be cause for discharge. The
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effective date of discharge will be the first date of leave of
absence without pay.
Section 7.Leave with Pay
Upon request by the department director to the Human Resources director and
upon written approval by the Human Resources director, leave with pay for
sufficient cause may be granted to career status employees up to and including
five (5) consecutive working days or ten (10) total working days in any twelve-
month period.
Extended periods of leave with pay may not be granted except by express
approval of the department director and city manager.
Section 8.Jury Leave
Career status employees who are called to meet an obligation as a citizen by
serving on juries, will be granted time off with pay for jury duty.Compensation
received by the employee, except mileage fees, will be paid by the employee to
the City of Apache Junction.
Section 9.Subpoena Leave
If the subpoena or other order of the court appearance is City related, the
employee's compensation will not be affected for the work hours missed as a
result of the subpoena or other order.
If the subpoena or other order of the Court is not City related, employees who are
regularly scheduled to work 20 hours or more in a week shall be excused without
compensation from their duties.
Section 10.Administrative Leave
With the approval of the Human Resources director, employees may be placed
on paid administrative leave while conduct is being investigated and/or possible
disciplinary action is being contemplated or the employee is undergoing fitness
for duty exams and while the City is awaiting the results of such exams.
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Employees on administrative leave are subject to the Personnel Rules and other
City policies/procedures, and may be required to report to their supervisor on a
regular basis.
Section 11.Bereavement Leave
Employees are permitted up to forty (40) hours bereavement leave, due to the
death of his or her parent, child, sibling, spouse, or relative who is an actual
member of the employee's household.
Employees are permitted up to three (3) days of bereavement leave due to the
death of a grandchild, grandparent, parent -in-law, daughter-in-law, son-in-law,
brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half-
brother, half-sister, or foster care child.
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Section 12.Holidays
The City may observe the following holidays:
1."New Year's Day"
2.Third Monday in January, -"Martin Luther King, Jr./Civil Rights Day"
3.Third Monday in February, "President's Day"
4.Last Monday in May, "Memorial Day"
5."Independence Day"
6.First Monday in September, "Labor Day"
7.Second Monday in October, "Columbus Day"
8."Veterans Day"
9."Thanksgiving Day"
10.The Day After Thanksgiving Day
11."Christmas Day"
To observe a holiday means to close City Hall and City administrative offices.
The observed holiday may or may not be a paid holiday. When City observed
holidays fall on a Saturday, the preceding Friday will be considered the holiday.
When an observed holiday falls on a Sunday, the following Monday will be
considered the holiday.Public Safety and other employees may be required to
be on duty for City observed holidays.
Each year, on or before June 1st, the City Manager posts a list of observed
holidays and indicates which holidays are eligible for holiday pay.
The City allocates 88 holiday hours annually to full time employees, and 55
annually to part time employees (20 hours or more per week); holiday hours in
excess of those designated for paid City holidays will be converted to personal
leave hours and will be deposited in the employee's personal leave bank.
The holiday hours deposited into the personal leave bank shall be approved for
use at such time that is mutually agreeable to the employee and the employee's
supervisor.Personal leave hours will not be available for use on an unplanned
or call -in basis.Personal leave hours not used by June 30thof each year will be
forfeited.In addition, all personal leave hours remaining, but not taken prior to
the last day of employment with the City, shall be forfeited.
For those holidays eligible for holiday pay, the employee must be on pay status
their scheduled day before and day after the holiday.This means if an employee
is on leave without pay or in any other no pay status he/she will not be paid for
the holiday.
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Section 13.Birthday Leave
Full time employees working 32 or more hours per week are given eight (8) hours
and part time employees working between 24 and 31 hours per week are given
five (5) hours on July 1st of the year to be used as Birthday Leave.
Prior to taking birthday leave, an employee shall obtain approval from his/her
department director. The leave may be taken at a time mutually agreed to
between the employee and the department director or his/her designee.
Employees are encouraged to use their birthday leave hours within 30 days of
their birthday, however if birthday leave hours are not used by the end of the
fiscal year in which they were granted, they will be lost, birthday leave hours are
not carried over.
Section 14.Rest Periods
Employees may be granted two separate rest periods of fifteen (15) minutes
each during a work shift.Rest periods shall be counted as time worked.
Rest periods shall not be combined or used to provide an extended rest or lunch
period or shorten the workday.
Compensatory time or overtime pay shall not be granted for rest periods not
received or taken or for work performed during the rest period.
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Section 15.Family and Medical Leave Policy
A.Basic Leave
The Family Medical Leave Act (FMLA) provides eligible employees with
up to 12 workweeks of job protected leave in a twelve-month period and
requires group health benefits to be maintained during the leave as if the
employee continued to work instead of taking leave.
An employee may be eligible to have his/her leave designated as FMLA
leave when attending to the birth, adoption, or foster care placement of a
child or to attend to their own serious health condition or the serious health
condition of the employee's parent, spouse, son, or daughter, or because
of any qualifying exigency arising out of the fact that the spouse, son,
daughter, or parent of the employee is on active duty or has been notified
of an impending call to active duty status in support of a contingency
operation.
B.Qualified Exigency Leave
An eligible employee can take up to12 weeks of FMLA designated
leave to address qualified exigencies related to the employee's spouse,
son, daughter, or parent being on active duty or being called to active duty
status in the National Guard or Military Reserves.
C.Military Caregiver Leave
The FMLA includes a leave designation that permits eligible employees to
take up to a combined total of 26 weeks of leave (Basic and Military
Caregiver Leave) to care for a covered service member (next of kin) who
is recovering from a serious illness or injury sustained in the line of duty
while on active duty.
D.The City of Apache Junction under the FMLA
Uses a rolling 12 months, measured backward from the date an
employee uses any leave designated as family medical leave
-Requires the use of accrued leave time as allowed in the Personnel
Rules to run concurrent with the designation of family medical leave
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E.Definitions
For the purpose of designation of leave as family and medical leave the
following definitions apply:
1.Immediate Family:A parent, spouse, son, or daughter is defined
as follows:
a)Parent:The biological parent of an employee, an individual
who stood in place of the parent to that employee, or an
employee who has day-to-day responsibilities of caring for a
child.
b)Daughter or Son:a biological, adopted, or foster child; a
stepchild; a legal ward; or child of a person standing in the
place of a parent who is under 18 years of age or 18 years of
age or older and incapable of self -care because of mental or
physical disability.
c)Spouse:a husband or wife as defined or recognized under
State law for purposes of marriage, including common law
marriage in States where it is recognized.A spouse does
not include unmarried domestic partners.
2.Next of Kin (Military Caregiver Leave):the nearest blood relative
other than the covered service member's spouse, parent, son or
daughter, in the following order of priority: Blood relatives who have
been granted legal custody of the covered service member by court
of decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the
covered service member has specifically designated in writing
another blood relative as his or her nearest blood relative for
purposes of military caregiver leave under the FMLA.
3.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.
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F.Eligibility for Family and Medical Leave
1.Who is eligible for leave designation under the Family and Medical
Leave Act:Eligible employees are those who have been employed
by the City for at least 12 months and have worked (including paid
absences) for a period of not less than 1250 hours during the
preceding 12 months.
2.When Family and Medical Leave may be Designated:Leave may
be designated as Family and Medical leave for the following
reasons:
a.The birth, adoption, or foster care placement of a son or
daughter if the leave is taken within 12 months of the birth,
adoption, or placement.
b.The serious health condition of a parent, spouse, son, or
daughter;
c.The employee's own serious health condition, which
prevents the performance of the essential functions of the
job.
d.Eligible employees with a spouse, son, daughter, or parent
on active duty or called to active duty status in the National
Guard, or Military reserves in support of a contingency
operation may use 12 -weeks FMLA to address certain
qualifying exigencies; examples are attend certain military
events, arrange for alternative childcare, address certain
financial and legal matters, attend certain counseling
sessions, and attend post -deployment reintegration
briefings (Qualified Exigency Leave).29 CFR 825.126
e.To care for a current member of the Armed Forces who
has serious injury or illness incurred in the line of duty on
active duty, and who is the spouse, son, daughter, parent,
or next of kin of the employee.Eligible employees may
use a combined total of 26 weeks (FMLA and Military
Caregiver Leave). 29 CFR 825.127
G. Duration of Family and Medical Leave
Eligible employees are allowed to be granted up to12 weeks of leave for
basic FMLA and Exigency Leave and up to a combined total of 26 weeks
for leave under the military caregiver provision of the FMLA in a 12 -month
period.The 12 -month period is computed as a rolling 12 -month period
measured backward from the date leave is used.
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H.Designation of leave under the FMLA
The following are the terms and conditions for the designation of leave
under the FMLA:
1.In the case of the employee's own serious health condition, the
employee shall use all accrued sick leave before using accrued
vacation leave.
2.All accrued vacation leave shall be used before unpaid leave may
be used.
3.The amount of unpaid leave available shall be the time remaining
after having deducted the eligible accrued paid leave time from the
12 weeks, or 26 weeks if applicable, of designated leave allowed
under the FMLA.In the event that unpaid time is to be designated
under the FMLA; this time will be applied to the employee as Leave
of Absence without pay.
4.In the case where both husband and wife are employees of the
City, twelve (12) weeks of leave designated as family and medical
leave may be used by each employee in any 12 -month period for
any event qualifying under the basic or exigency FMLA, or 26
weeks if Military Caregiver leave is used.
I.Reduced or Intermittent Leave
1.Intermittent or reduced leave shall be granted for the employee's
own serious health condition or the serious health condition of the
employee's spouse, parent, son, or daughter, or due to qualifying
events as described in the military family leave provision.
2.Intermittent or reduced leave for the birth, adoption, or foster
placement of a child will be allowed only with the consent of the
department director and the Human Resources Director and the
use of intermittent or reduced leave shall be limited to a period of
twelve (12) consecutive weeks.
3.The department director may temporarily transfer the employee to a
position that better accommodates the leave, provided the transfer
does not deprive the employee of hours that he or she is otherwise
available to work.
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J.Notice Requirements
1.Thirty -day -notice Requirement:An employee who has a
preplanned FMLA qualifying event under the FMLA must give his or
her department director thirty (30) days advance notice where
practical.The notice may be verbal and the department director
shall document the request for leave and provide a copy to Human
Resources.If it is necessary that the leave begin in less than thirty
(30) days, the employee must provide such notice as is practical.
2.Sanctions for Failure to Provide Notice:If the employee could have
provided thirty (30) days advance notice to the department director
but did not, the City may deny designation of leave for thirty (30)
days after the employee provides notice.
3.Desimation of Leave as Family and Medical Leave:It is the
responsibility of the City to designate leave, paid or unpaid, as
qualifying under the FMLA.The City may inquire further if the
employee does not provide sufficient information to enable the City
to designate the leave under the Act.
K.Medical Certification and Reporting Requirements
1.The City may require that designated leave related to a serious health
condition be supported by a certification issued by the employee's
health care provider, or the health care provider of the employee's
spouse, daughter, son, or parent, as appropriate.A copy of this
certification shall be provided to Human Resources within fifteen (15)
calendar days of the request for certification.
2.The certification must include the following:
a.The date on which the serious health condition commenced;
b.The anticipated duration of the condition;
c.The appropriate medical facts within the knowledge of the
health care provider regarding the condition;
d.A statement that the employee is needed to care for the
daughter, son, spouse, or parent as appropriate.
e.An estimate of the amount of time that the employee is needed
to care for the daughter, son, spouse, or parent as appropriate.
3.Failure to provide certification within fifteen (15) calendar days may
result in denial of leave designated under the FMLA until a
certification is provided.
4.If the Human Resources Director questions the validity of the
certification, the Human Resources Director may require the
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employee, at the City's expense, to obtain a second certification.If
the second opinion conflicts with the original opinion, the City may
require, at its expense, the employee obtain the opinion of a third
health care provider selected jointly by the City and the employee.
The third opinion shall be final and binding on both parties.
5.The Human Resources Director may require the employee obtain
subsequent recertification. This includes the need for intermittent
leave.
6.All records or documents provided by a health care provider in
response to a request to verify the necessity of leave designated
under the FMLA shall be maintained in separate files and treated as
confidential medical records.
L.Effect of an unpaid Family and Medical Leave Designation on Accruals,
Service, and Benefits
1.Accruals:
a.While on unpaid leave an employee will not lose any credits
accrued and unused before the date on which his/her leave is
designated
b.The employee will not accrue vacation or sick leave credits
c.If the employee is not compensated in a month, retirement
service credit will not accrue
d.The employee is not entitled to holiday pay
2.City Service:
a.The unpaid absence will not constitute a break in City service
for seniority purposes
3.Health/Dental Coverage:
a.The employee is entitled to have his/her health and dental
benefits maintained while on leave as if the employee had
continued to work
b.It shall be the responsibility of an employee on unpaid leave
which has been designated as family and medical leave to
provide his/her portion of the premium payment necessary to
maintain health and dental insurance coverage
c.If an employee decides not to return to work, the City is entitled
to recover from the employee the cost of the health insurance
premiums paid while the employee was on leave designated as
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FMLA.However, no such repayment is required if the
employee is unable to return, as certified by a health care
provider, due to circumstances beyond his/her control (i.e.,
continuation, recurrence or onset of a serious health condition).
M. Return from leave designated as Family and Medical Leave
1.An employee who has taken leave for his/her serious health condition
shall present to the department director, on or before returning to work,
a certification from the employee's health care provider that the
employee is able to resume work.This certification should include any
limitations on performance of duties the employee might have.
2.Upon return from leave designated as family and medical leave an
employee shall be returned to the same or equivalent position.
3.An employee need not be reinstated if the employee would not
otherwise have been employed at the time reinstatement is requested.
4.When an employee returning from leave designated as family and
medical leave is not qualified or able to perform the essential functions
of the position to which the employee was returned, the employee shall
be given a reasonable opportunity in which to become qualified or seek
accommodation.
5.When an employee returning from leave designated as family and
medical leave is not able to perform the essential functions of the
position to which the employee is returned, the employee may be
disqualified for the position.
N.Investigation of Family and Medical Leave Use
The Human Resources Director may investigate the use of family and
medical leave designation.Misuse of family and medical leave
designation shall be cause for disciplinary action up to and including
dismissal.
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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 (flexing the schedule).
No employee, except in a situation involving public health or safety, shall
be permitted or allowed to work overtime unless authorized by the
supervisor.Any verbal authorization given by the supervisor is to be
followed up with written authorization.
Section 2.Exempt and Non -covered Employees
Not all employees of the City of Apache Junction are covered by the Fair
Labor Standards Act (FLSA).
Non -covered employees include elected officials, city manager, city
magistrate, city attorney, and independent contractors.
Some employees, while covered by the FLSA, are exempt by specific
provisions of the Act.
Exempt employees generally fall into three major categories: executive,
administrative, and professional. Also certain seasonal recreational
employees can be considered exempt from specific provisions.
All employees assigned an exempt status are excluded from payment of
overtime hours and/or on -call pay.
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Section 3.Work Period
All employees assigned a nonexempt status shall be paid an amount
equal to one and one-half times their regular hourly rate for time worked in
excess of forty (40) hours per week or the equivalent in compensatory
hours, or as provided in these Rules (see Section 6.Calculation of
Overtime).A work period is defined as seven consecutive days.
Section 4.Overtime Accrual
In situations where an employee begins work prior to, or after, his/her
scheduled starting time or ends work prior to, or after, his/her scheduled
ending time, credit shall not be given for increments of time that are seven
(7) minutes or less.Increments of time greater than seven minutes shall
be paid or compensated to the nearest quarter hour.
Section 5.Hours Worked
Employment, under the FLSA, is defined to include all hours that an
employee is "suffered or permitted to work" for the employer.Hours
worked also include time during which an employee is "necessarily
required to be on the employer's premises, on duty or at the prescribed
work place." The following are examples of typical situations qualifying as
compensable hours worked as provided by the FLSA:
Call -Out Time
Any employee may be contacted and asked to respond to a situation
during hours that are not scheduled for work.Call -out occurs when a non-
exempt employee who is not assigned to an on -call status is asked to
respond to a work situation.Employees responding to a call -out will
receive a minimum of two (2) hours compensation.
Meal Time
Meal periods are not compensated when the following three conditions are
met.
(1) the meal period must be at least 30 minutes; and
(2) the employee must be completely relieved of all duties; and
(3) the employee must be free to leave the duty post (there is no
requirement that the employee be allowed to leave the premises or
work site).
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On -call Time
If a non-exempt employee assigned on -call status is able to use the off-
duty time for his/her purposes, the hours will not be considered hours
worked.
If the employee is required to perform any work -related duties during on-
call time, the time will be calculated as hours worked.
The employee who is merely required to leave word where he/she can be
reached during on -call periods or is required to respond to a page will not
accrue hours worked for those time periods.
Employees who are assigned on -call status will receive compensation for
each hour served in an on -call status.
On -call compensation:
-$2.00 per hour
-The city manager has the authority to adjust the compensation
rate.
On -call compensation does not apply when the employee is required to
perform work -related duties during on -call time since that time is
considered hours worked.
If an employee is unable to use off duty time for his/her purposes as
outlined in the FLSA, those hours shall be considered hours worked and
not qualify for on -call status.
Voluntary Work
Employees who continue to work after their shift is over are engaged in
compensable working time.
The reason for the work is immaterial; as long as the supervisor "suffers or
permits" employees to work on the City's behalf, proper compensation
must be paid.Once an employer allows the employee to work, or knows
that the employee is working, the employee must be compensated.
It is the supervisor's responsibility to make certain that unauthorized
overtime work is not performed.According to the FLSA, the mere
existence of a rule is not sufficient to avoid compensation for additional
hours worked.
Supervisors who permit employees to work overtime without
compensation may be subject to discipline.Employees who work
unauthorized overtime may also be subject to discipline.
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Waiting Time
If a non-exempt employee has been assigned to wait for something to
occur his/her waiting time will be counted as hours worked; if the
employee arrives early, does not perform any work before his/her shift
starts, and merely waits to begin working, his/her waiting time will not
constitute hours worked.
Non-exempt employees, who are required to stand by ready for duty,
whether during the lunch period, during machinery breakdowns, or during
other temporary work shutdowns, must be paid for this time.
Examples of compensable hours worked
•Caring for tools that are a part of principal activities, such as guns
and vehicles (unless also allowed for personal use) by police
officers, tools, and equipment for parks and streets workers.
•Charitable work requested or controlled by the employer.
•Emergency work/travel time.
•Fire drills and other disaster drills, whether voluntary or involuntary,
either during or after regular working hours.
•Training in regular duties to increase efficiency.
•Training programs required by the employer.
•Rest periods of 20 minutes or less.
•Medical attention during working hours at the employer's direction.
•On -call time where the employee must remain at the employer's
premises or which is so restricted that the employee is unable to
use the time for his/her own purposes.
•Travel time from the employer's premises to the work site.
•Travel time between work sites during the normal work day.
Examples of time not considered hours worked for the purposes of
overtime compensation include, but are not limited to:
•Jury Duty Leave
•Military leave
•Bereavement Leave
•Personal Leave
•Birthday Leave
•Sick leave
•Compensatory time
•On -call time
•Time spent before, after, or between regular working hours.
•Voting time if outside the regular -scheduled hours of work.
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Section 6.Calculation of Overtime
When a nonexempt employee is on paid leave time, such time is not hours
worked for the purposes of calculating overtime.
However, holiday and vacation leave hours are considered hours worked
for the purposes of overtime calculations.
Section 7.Compensatory Time in Lieu of Paid Overtime
The FLSA permits the City of Apache Junction to provide compensatory
time in lieu of monetary overtime compensation, at a rate of not less than
one and one-half hour of compensatory time for each hour of overtime
worked.The calculation used for compensatory time is the same as that
generally used for calculating monetary overtime.
Nonexempt employees may receive compensatory time in lieu of overtime
pay for hours worked beyond 40 hours in a seven-day work week.
Employees may accrue a maximum of 160 hours of compensatory time
(106.67 actual hours of overtime worked).
An employee who has accrued compensatory time and requests use of
the time must be permitted to use the time within a reasonable period after
making the request if the time off does not unduly disrupt the operations of
the City.When the use of compensatory time is denied, the supervisor
shall provide the affected employee the reasons for denial.A copy of the
reasons for denial shall also be provided to the Human Resources
Director.
Compensatory time may be banked, used, or converted into the
corresponding dollar amount at the employee's current pay rate in
accordance with the provisions of this Rule.
Employees who change from one salary group to another, either by
promotion or demotion, shall be required to make such conversion before
transitioning into the new position.
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Section 8.Payment of Compensatory Time at Termination of
Employment
In accordance with the FLSA, unused compensatory time must be paid at
whichever is higher of the following:
1.The average regular rate received by the employee during the last three
years of employment; or
2.The final regular rate received by the employee.
Section 9.Substitution of Work Hours between Employees
The FLSA provides that any individual employed in any capacity by a
public agency may agree to substitute, during scheduled work hours, for
another employee.Employees may work substitution schedules where
the substitution is:
1)voluntarily undertaken and agreed to solely by the employees,
and,
2)approved by the supervisor.
The traded time will not be considered by the city when calculating the
hours for which the employee is entitled to overtime compensation.In
effect, even though a substitution has taken place, each employee will be
considered to have worked his or her normal schedule.
In addition, the supervisor of an employee who performs such substitute
work is not required to keep a record of the hours of substituted work.It is
important to be aware that the substitution provisions of the FLSA apply
only when the employee's decision to substitute is made freely and without
direct or implied coercion.It must be made exclusively for the employee's
own convenience.
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Section 10.Travel Time
Home -to -Work Travel
As a general rule, home -to -work travel is not compensable, even if an
employee must travel from a town to an outlying site to get to the
employer's premises.This is true whether an employee works at a fixed
location or at different job sites.Generally, an employee is not at work
until he or she reaches the work site.However, if an employee is required
to report to a meeting place where he or she is to pick up materials,
equipment, or other employees, or to receive instructions, before traveling
to the work site, compensable time starts at the time of the meeting.
Travel during the Work Day
Traveling from an outlying job at the end of the scheduled workday to the
employer's premises is time worked.Where an employee is required to
report to a meeting place to receive instructions, perform other work, or
pick up tools, and travel from the designated meeting place to the work
site is considered working time.
Out-of-town Travel
Where employees travel out of town overnight on business they must be
paid for time spent traveling during their normal work hours on their non-
working days as well as on their regular working days.Travel time as a
passenger outside regular working hours is not considered hours worked.
If an employee drives a car without being offered public transportation, the
travel time is considered working time.
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Rule 10.Performance Report
Section 1.Purpose
The evaluation is designed to inform the employee of the manner in which he
or she is meeting standards of performance established by the supervisor.
The performance evaluation report is intended to cover overall performance
during the rating period.
Section 2.Performance Reporting Requirement during Probation
Reporting on employee performance during probation is covered in
Rule 5, Appointments, Status, and Probation.
Section 3.Performance Reporting Requirements Following End of
Probation
Every career status employee shall have his or her performance formally
evaluated at least once a year and a report on this performance shall be
submitted to the Human Resources department and placed in the employee's
personnel file.The report shall be submitted by the department director in
accordance with the procedure and on the form or forms prescribed by the
Human Resources Director.Department directors are encouraged to provide
more frequent evaluations.Department directors are encouraged to bring
unsatisfactory performance to the attention of the employee when the
unsatisfactory performance occurs.
Each performance report shall be reviewed with the employee and filed with
the Human Resources department not later than fourteen (14) calendar days
after the City designated review period ends. Employees shall be allowed to
submit a written response to their performance evaluation report; the
employee's written response shall be attached to the report it addresses. The
performance report and the employee response, if any, shall remain a part of
the employee's personnel record as required under the Records Retention
and Disposition Schedule adopted by the City and may be considered when
determining transfers, promotions, demotions, and/or dismissals.
Employees shall be notified and provided with a copy of all documents placed
in their personnel file.Copies will be provided under confidential cover or
directly to the employee.
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Section 4.Unsatisfactory Ratings
When an employee's overall evaluation report is unsatisfactory, follow up
reports are required at the end of three (3) months and for each subsequent
three (3) month period while the employee is in the position until the
employee has achieved a satisfactory rating or employment is terminated.
It is the department director's responsibility, in conjunction with the immediate
supervisor, to inform the unsatisfactory performing employee of the actions
necessary to achieve a satisfactory rating. This may be accomplished with an
improvement plan which lists specific measurable goals.
Section 5.Grievance and Appeals Relating to Performance Reports
An employee who has successfully passed his/her initial probation period
may grieve or appeal an overall performance rating of unsatisfactory or its
equivalent, in accordance with Rule 17,Grievance and Appeal Procedures.
Section 6.Procedure when Anticipated Rating will be Unsatisfactory
If the anticipated rating is unsatisfactory, the department director shall advise
the employee of the anticipated rating and schedule a meeting to review the
performance rating with the employee.
Section 7.Salary Increase
On the anniversary of their classification date, employees are eligible for 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 is not acceptable.
The use of illegal drugs or the misuse of legal drugs or alcohol by any employee
is prohibited, as is the presence in any employee's system of a prohibited drug or
drug metabolite.
The possession, sale, or distribution of drugs, alcohol, or any illegal substance by
an employee during regular working hours while on City business or while on City
property is prohibited except as excepted in police department policies and
procedures.
Section 3.Definitions
The following definitions apply to the Drug -Free Workplace policy:
A. Alcohol
Ethanol, isopropanol, or methanol
B.Drugs/Controlled Substances
The terms "drugs" and "controlled substances" are interchangeable and
have the same meaning.Unless otherwise provided, drugs and controlled
substances include but are not limited to:barbiturates, cocaine, opiates,
(heroin, codeine) propoxyphene, amphetamines (including
methamphetamine), benzodiazepines (Valium, Librium), methadone,
phencyclidine (PCP), methaqualone, and cannabinoids (THC).
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C.Reasonable Suspicion
A belief based on specific, objective facts, and reasonable inferences
drawn from those facts, that suggest an employee is using drugs or
alcohol while on the job or is under the influence of drugs or alcohol while
on the job.
D.Reasonable suspicion generally includes but is not limited to:
1.Observable phenomena, such as direct observation of drug or alcohol
use and/or the physical symptoms or manifestations of being under the
influence of a drug or alcohol;
2.Abnormal conduct, erratic behavior, absenteeism, tardiness;
3.Physical symptoms (i.e. glassy eyes, slurred speech, unsteady gait,
red eyes, running nose);
4.Smell of alcohol or marijuana;
5.Deterioration in work performance or physical appearance.
6.A report of drug or alcohol use provided by reliable and credible
sources and which has been independently corroborated;
7.Evidence that an individual has tampered with a drug or alcohol test,
during his/her employment with the current employer;
8.Involvement in or responsibility for, a work -related or industrial accident
that caused, or could have caused serious injury to the employees, any
other person, or serious damage to employer property or property
belonging to others;
9.Evidence of use, possession, sale, solicitation, manufacture, or
transfer of drugs or alcohol while working or while on employer
premises.
Section 4.Over-the-counter or Prescribed Medications
Employees taking prescription or over-the-counter non -prescribed drugs or
medication which might interfere with the performance of his/her job duties, shall
report the usage of the drug or medication to his/her supervisor before going on
duty.Employees taking such drugs or medication are responsible for knowing
any side effects of the medication that might interfere with job performance
based upon the prescribing physician's advice or the warning on the medication
label.
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Section 5.Applicants and Employees Subject to Testing
A.Pre -employment Testing
All applicants being considered for initial employment by the City to positions
designated as safety sensitive shall be required to submit to, and successfully
pass, a drug screen urinalysis, and/or Breath alcohol test (BAT) within 31
hours after a conditional offer of employment is made by the City.The offer
of employment shall be contingent upon a negative drug and alcohol
screening.
If an applicant fails to pass the pre -employment drug screening and/or BAT,
the applicant will be disqualified from consideration for employment and shall
not be eligible for employment with the City for a period of 12 months from the
date of the initial positive drug or BAT test result.
An applicant's failure to submit to the required pre -employment drug and/or
BAT test shall be considered a request for withdrawal from consideration for
the position for which he/she applied.
B.Police Department Employees and Transfer
Upon transfer to or from a narcotic or drug -related assignment, all police
department employees (sworn or civilian), shall submit to drug and alcohol
screening.
A transfer to a narcotic or drug -related assignment shall be contingent upon a
negative drug test result.
A positive test result of a police department employee transferring out of a
narcotic or drug -related assignment is subject to the provisions of this rule for
positive test results.
C. Reasonable Suspicion Testing
If the City has reason to suspect that an employee is violating this policy or
when there is reasonable suspicion that an employee is under the influence
or is impaired by alcohol and/or drugs, the City may require the employee to
submit immediately to medical tests administered for drug and/or alcohol
testing which include the chemical analysis of breath, urine, and/or blood.
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D.Post -Triggering Incident
Employees involved in the following circumstances are required to submit to a
drug and/or alcohol test:
1.Those whose use of City equipment or vehicle results in an accident in
which a person is fatally injured.
2.Those whose use of City equipment or vehicle results in an accident
involving tow -away and/or medical assistance and who, in addition,
receive a citation related to the accident.
3.Those who are required as part of their job to carry a firearm and who,
while on duty, discharge a firearm resulting in bodily injury, property
damage or violation of departmental policy, or who are off duty and
discharge a firearm in violation of departmental policy regarding off-
duty use of firearms.
E.Re-employment or Reinstatement to Workforce
Any individual who is re-employed, reinstated, transferred, promoted, or
demoted to a safety sensitive position, in accordance with Rule 5,
Appointments, Status, and Probation,is required to submit to a drug and
alcohol test prior to resuming work.
F.Follow-up Testing
If an employee is offered a rehabilitation option in lieu of discipline for a
positive test result in accordance with Section 9 of this policy; the employee is
subject to random drug testing for a minimum of one (1) year following the
completion of the rehabilitation program.
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Section 6.Policy Violation
A.Alcohol:An employee who tests positive for alcohol while on City business
during the employee's working hours or while on City property during the
employee's working hours is in violation of this policy.
B.Drugs:An employee who tests positive for drugs is in violation of this policy.
C.An employee who is required as a part of his/her job to carry a firearm and
who, while on duty,discharges a firearm resulting in bodily injury, property
damage or violation of departmental policy or who is off -duty and discharges
a firearm in violation of departmental policy regarding off -duty use of firearms
is in violation of this policy.
Section 7.Effect of Failure to Comply with Policy
An employee who refuses to submit to a drug and/or alcohol test or who violates
any aspect of this policy is subject to disciplinary action up to and including
termination.
Section 8.Employee and Applicant Consent Form
Employees and applicants who are requested to submit to a drug and/or alcohol
test must agree in writing to allow the results of such test to be disclosed to and
used by the City's authorized representative(s).Failure to sign such a consent
form shall be considered a refusal to submit to testing and may subject the
employee to discipline up to and including termination.
Section 9.Rehabilitation
The City may, at its option, suspend all or part of the disciplinary action for
violation of this policy in return for the employee's enrollment into a drug or
alcohol counseling or rehabilitation program for the purpose of enabling the
employee to permanently cease the prohibited conduct. Disciplinary action may
be suspended while the employee is participating in counseling and/or
rehabilitation.The program must be approved by the Human Resources
Director.Cost of rehabilitation or counseling is the responsibility of the
employee.An employee who elects such participation shall enter into a written
agreement with the City.
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The employee shall authorize release of information to City's Human Resources
department from the drug or alcohol program which indicates the employee's
compliance or non-compliance with the program.Should the employee not
comply with the program the City shall impose the discipline.
An employee who declines to participate in or fails to complete drug or alcohol
rehabilitation in lieu of disciplinary action is subject to the disciplinary action and
may also be further disciplined up to and including termination.
Section 10.Searches
The City of Apache Junction reserves the right to search all areas and property
the City maintains or has complete or joint control over.An employee's locker,
closet, work area, desk, desk files, computer files, city -owned vehicle, and similar
areas are subject to inspection at any time on a random or any other non-
discriminatory basis for purposes of this policy.
Section 11.Confidentiality
The results of drug or alcohol screening tests shall not be included in an
applicant file or employee personnel file but shall be retained by the Human
Resources Department in a separate medical file.Any conditions of employment
that may be established as a result of the drug test (i.e. a written agreement for
rehabilitation in lieu of discipline) become part of the employee's personnel file.
Except as required by the state or federal law, test results and ancillary
information may be disclosed to management personnel only on a need -to -know
basis or to any person upon the written consent of the employee or applicant.
Information is normally limited to the employee's supervisor, City Manager,
Assistant City Manager, Human Resources staff, and legal counsel.Failure to
maintain confidentiality by any employee shall be grounds for discipline.
Section 12.Employee Responsibilities
A.Pursuant to the Federal Drug -Free Workplace Act of 1988,the City of Apache
Junction prohibits the unlawful manufacture, use, possession, or distribution
of controlled substances in the workplace.As a part of this Act, employees
have the following responsibilities.
1.To abide by the terms of the City's drug -free workplace policy; and
2.To notify their supervisor or department director of any criminal drug
statute conviction for a violation occurring in the workplace no later
than five (5) days after such conviction.
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B.It is each employee's responsibility to immediately report to their supervisor,
department director, or Human Resources department unsafe working
conditions or hazardous activities that may jeopardize the safety of
employees.This includes the responsibility to immediately report any
violations of the drug and alcohol policy.An employee who fails to report
such a violation is subject to disciplinary action up to and including
termination.
C. All employees are required, as a condition of employment, to sign a statement
that the employee has:
1.Received a copy of the City's Drug -Free Workplace Policy;
2.Agreed to abide by the terms of the policy;
3.Agreed to notify the supervisor, or appropriate representative of the
City, immediately, or within five (5) days, of a criminal drug statute
conviction for a violation occurring within the workplace.
Section 13.Management Responsibilities
A.Management personnel shall be responsible for implementation and
consistent enforcement of this policy, together with the Human Resources
Director or his/her designee.
Management personnel who fail to enforce this policy in accordance with its
terms are subject to disciplinary action up to and including termination.
B.Supervisors will be trained in the detection of impairment by alcohol, drugs,
and substance abuse.
Supervisors must document, in writing, the facts constituting reasonable
suspicion for drug and/or alcohol testing or for violation of this policy.
C. Management shall inform any employee required to submit to drug or alcohol
testing of the requirements of this policy and the consequences of non-
compliance.
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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 for drug urinalysis will include the two -tiered
testing program to ensure maximum accuracy in the test results, observation of
specimen collection, and chain -of -custody documentation.A two -tiered
procedure means that an initial positive test will be confirmed by the use of a gas
chromatography test with mass spectrometry (GC/MS) or an equivalent
scientifically accepted method, which provides quantitative data about the
detected drug.
Following a positive screen from the initial test and a positive screen from GC/MS
test, a portion of the specimen sufficient for testing from a positive sample may
be transferred directly from the testing laboratory to a laboratory of the
employee's choosing and tested at the employee's own expense.The employee
is responsible for initiating the transfer within 48 hours of notification of the
positive screen.
The laboratory chosen by the employee must be a laboratory approved or
certified by the United States Department of Health and Human Services, the
College of American Pathologists, or the Arizona Department of Health Services.
An employee, upon request, may obtain his/her written test results.
Section 15.Procedures
Procedures to be followed by management for the enforcement of this policy are
available for review in the Human Resources department or in each department
with the department director.
A description of the testing methods and collection procedures to be used is
available for review in the Human Resources department.
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Section 16.Commercial Driver's License Holders
All employees required, as a condition of their City employment, to have a valid
Commercial Driver's License (CDL) shall comply with the United States
Department of Transportation (USDOT) rules for drug and alcohol testing of
mass transit employees and all drivers with CDLs.
The rules require pre -employment, post -accident, reasonable suspicion, random,
return to duty, and follow-up testing for alcohol and drugs through the use of
breathalyzers and urine samples.
Procedures and rules for testing of CDL holders are available in the Human
Resources department.
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Rule 12.Policy against Discrimination
Section 1.Policy Statement
The City does not tolerate any form of discrimination based upon race, gender,
national origin, religion, age, disability, sexual harassment; or genetic
information.
A.Discrimination
•Unfair treatment because of race, color, religion, sex (including
pregnancy),national origin, age (40 or older),disability or genetic
information.
•Harassment by managers, co-workers, or others in the workplace,
because of race, color, religion, sex (including pregnancy), national
origin, age (40 or older), disability, or genetic information.
•Denial of a reasonable workplace accommodation that the employee
needs because of religious beliefs or disability.
•Retaliation because the employee complained about job discrimination
or assisted with a job discrimination investigation or lawsuit.
B.Sexual Harassment
Sexual Harassment is defined by the Equal Employment Opportunity
Commission (EEOC) as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual or otherwise offensive
nature, especially where:
•Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, or
•Submission to or rejection of the conduct by an individual is used as a
basis for employment decisions affecting such individual, or
•The conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or creating an intimidating, hostile,or
offensive working environment.
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C.Education
The Human Resources Director is responsible for coordinating training on the
topic of discrimination and sexual harassment; attendance at this training is
mandatory for all employees. In addition, the Human Resources Director shall
notify all employees of the existence of this policy.
D.Implementation
Both managers and employees are responsible for creating an atmosphere
free of discrimination, and managers and supervisors are responsible for
taking immediate and appropriate corrective action in response to any
allegation of a violation of this policy, in addition to respecting the rights and
sensitivities of their co-workers.
The Human Resources Director and department directors are responsible for
taking immediate and appropriate corrective action in response to any
confirmed violation of this policy and for assuring that no reprisals are taken
against complainants, witnesses, or perpetrators.
The Human Resources department is responsible for monitoring the
application of this policy, providing advice, and responding to any questions,
which may arise from this policy.
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Section 2.Initiating a Discrimination or Sexual Harassment
Complaint
When an employee feels he/she has been discriminated against or sexually
harassed, the following should occur:
Employee:
-Attempt to advise the alleged discriminator/harasser of their
discomfort, OR;
Report the problem to his/her immediate supervisor If:
The offended employee does not feel comfortable directly
addressing the situation with the discriminator/harasser, and/ or the
unwelcome or offensive behavior continues, OR;
Report the problem to the Human Resources Director if:
o The employee's immediate supervisor, a division director, or
department director is the source of the alleged harassment,
OR;
o The employee is uncomfortable reporting the problem to his/her
immediate supervisor, division director, or department director,
OR;
o The source of the harassment is an individual appointed by the
city council (including, but not limited to, the city attorney, city
manager, or city magistrate).
Report the problem to the city manager if:
o The Assistant City Manager or Human Resources Director is
the source of the alleged discrimination/harassment.
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When advised of the discrimination/harassment the following will:
Immediate Supervisor:
-Promptly notify his/her department director.
Department Director:
-Promptly notify the Human Resources Director.
Human Resources Director:
-Begin an assessment into the complaint and determine the course of
action.
-If the discriminator/harasser is an individual appointed by the city
council advise the mayor and city council that a
discrimination/harassment complaint has been filed.
Section 3.Investigation Procedure
Human Resources staff coordinates the investigation process and advises the
department director regarding his/her level of involvement in the process and of
the progress of the investigation.
The department shall work with Human Resources staff to obtain and evaluate all
relevant evidence with respect to what has occurred.
Human Resources staff makes a recommendation to the department director
regarding the resolution of the complaint.Human Resources staff notifies the
complainant and the alleged violator of the findings.
With the advice of the Human Resources Director, the department director
implements specific remedial, and/or disciplinary actions.
Section 4.Discipline
The type of discipline and/or remedial action to which an employee is subject for
discriminating against or harassing another employee is dependent on the
circumstances of the situation. Any step in progressive discipline may be applied.
Employees subject to disciplinary and/or remedial action as a result of a finding
of discrimination or sexual harassment shall be afforded due process rights
through the grievance or appeal procedures, whichever is applicable to the level
of discipline imposed.(See Rule 16.Discipline).
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Section 5.Reprisals Prohibited
No reprisal/retaliation of any kind by any employee or manager shall be taken
against an employee who asserted a complaint, the alleged perpetrator or
against any witness.
Any such reprisal/retaliation taken by an employee will subject him/her to
disciplinary action up to and including termination.
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Rule 13.Policy against Violence in the Workplace
Section 1.Policy Statement
The City of Apache Junction does not tolerate threats, intimidation, and/or
violence made by an employee against another person's life, health, well being,
family, or property.
Such acts or threats of violence, whether made directly or indirectly, explicitly or
implicitly, by words, gestures, or symbols, infringe upon the City's right or
obligation to provide a safe workplace for its employees.
Section 2.Prohibitions
Any threats or acts of violence made by an employee against another person's
life, health, well being, family, or property are cause for discipline up to and
including termination.
Section 3.Applicability
This policy applies to any threats or acts of violence made on City property, at
City sponsored events or under other circumstances that may negatively impact
the City's ability to conduct its business.
Section 4.Initiating a Complaint Involving Violence in the Work Place
Any employee who believes that he or she has been the target of threats or acts
of violence, or has witnessed or otherwise learned of threats or violent conduct
by another employee or by a third party, should immediately contact their
immediate supervisor, department director, Human Resources director or the city
manager.
If an employee feels threatened with immediate harm, the Public Safety
Department should be notified.
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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.
The City endorses the following policy concerning close personal or romantic
relationships between employees.
Section 2.Policy
Employees holding supervisory roles shall not pursue or be in a romantic
relationship or have a close personal relationship with any employee who may
report, either directly or indirectly, to them.
In addition, employees in a supervisory capacity are required to maintain a
professional relationship with any employee for whom they supervise, give work
direction or assignments, give discipline, review performance, or recommend
promotions or raises.
Section 3.Reporting Requirements
In the event a workplace romance develops, it is the responsibility of both parties
to, either separately or together, bring the fact of the relationship to the attention
of their supervisor or department director or to the Human Resources director.
The Human Resources director, will determine the arrangements to further the
best interests of both the city and 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.
3.While on City time, employees may not contribute directly, or through
an employee organization or association to a campaign or solicit or
receive contributions for a City Council candidate.
4.No employee or organization or association, while on City time, may
publicly endorse or actively support candidates for the City council or
any political organization or association organized to support
candidates for the City Council.
&While on City time, employees may not wear City Council campaign
buttons or distribute campaign literature at work or in a City uniform or
in City offices, vehicles, or buildings.
6.No employee shall use any political endorsement in connection with
any appointment to a position in City service.
7.No employee shall use or promise to use any official authority or
influence for the purpose of influencing the vote or political action of
any person for any consideration.
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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 time, work in campaign headquarters of
City Council candidates.
4.Outside of City time, an association or organization of City employees
may mail or otherwise distribute endorsements of City Council
candidates to members of organizations or associations who are City
employees.
5.City employees may express their opinion.
6.City employees may, on their time, attend informational meetings
concerning candidates for public office.
Section 4.Other Candidate Elections
For candidate elections and political activity other than for the Apache Junction
City Council, the following apply:
A.Prohibitions
An employee shall not:
1.Use any political endorsement in connection with any appointment to a
position in the city service.
2.Use or promise to use any official authority or influence for the purpose
of influencing the vote or political action of any person or for any
consideration.
3.While on city time, participate in the management of any political party
or in the management of any political campaign or recall effort.
4.While on city time, solicit or receive contributions for any candidate
campaign.
B.Permissible Activities
Any employee may, on his or her own time:
1.Express his/her opinion regarding candidate elections and political
activity.
2.Attend meetings for the purpose of becoming informed concerning the
candidates for public office and the political issues.
3.Actively support a candidate while not in a city uniform or in an office or
building of the City of Apache Junction.
4.Cast his/her vote and sign nomination or recall petitions.
5.Make contributions to candidates, political parties or campaign
committees contributing to candidates or advocating the election or
defeat of candidates.
6.Circulate candidate nomination petitions or recall petitions.
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C.Candidacy for Elected Office
Unless subject to the Hatch Act (5 U.S.C. Section 7321-7326), any City of
Apache Junction employee desiring to run for county, state, or federal elected
office may request a leave without pay upon filing for such office.
The employee's department director, with the concurrence of the city
manager, has the authority to grant or deny the requested leave based upon
the needs of the organization.If the leave is not granted and the employee
still desires to run for elected office, the employee shall resign from city
service upon filing for such office.
If the leave is granted and the employee is elected, the employee shall resign
from city service immediately upon being seated in the elective position.If
the leave is granted and the employee is not elected, the employee will be
returned to his/her former position on the same terms and conditions as any
other employee who has taken a leave without pay.
Section 5.Retaliation Prohibited
A.An employee shall not solicit any other employee to engage or not engage in
activities permitted by this rule with the direct or indirect use of any threat,
intimidation, or coercion including threats of discrimination, reprisal, force or
any other adverse consequence including the loss of any benefit, reward,
promotion, advancement, or compensation.
B.An employee shall not subject any other employee engaging in activity
permitted by this rule to any direct or indirect discrimination, reprisal, force,
coercion or intimidation or any other adverse consequence including the loss
of any benefit, reward, promotion, advancement, or compensation.
C. An employee shall not subject any other employee who chooses not to
engage in any activity permitted by this section to any direct or indirect
discrimination, reprisal, force, coercion or intimidation or any other adverse
consequence including the loss of any benefit, reward, promotion,
advancement, or compensation.
Section 6.Other Permitted Activity
The provisions of this rule do not apply to school board elections or community
college district governing board elections and an employee may serve as a
member of the governing board of a high school district or as a member of a
community college district governing board.
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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 when appropriate; however, nothing in this
policy requires progressive discipline to be followed.Disciplinary actions may
include verbal or written warnings, written reprimands, suspensions, demotions
and dismissals, or other action deemed appropriate by the Human Resources
Director and the department director.
When discipline is contemplated the department will consult with the Human
Resources department regarding the discipline to be imposed.
The department director may delegate the authority to impose verbal or written
warnings or written reprimands but may not delegate authority to suspend,
demote, or impose any other action affecting pay and/or benefits.
Section 2.Grounds for Discipline
Grounds for discipline include, but are not limited to:
1.Falsification of application for employment.
2.Absenteeism.
3.Tardiness
4.Conviction of a crime, which impacts the employee's ability to perform
the duties and responsibilities of the job.
5.Incompetence in the performance of assigned duties.
6.Prohibited political activities.
7.Favoritism on the part of a supervisory employee
8.Discrimination on the part of an employee against any employee on
the basis of race, color, sex, age, physical disability, place of national
origin, political or religious affiliation.
9.Any action, on or off the job, tending to bring discredit to the City
service.
10. Violation of the Drug -Free Workplace Policy.
11. Refusal or failure to comply with the orders of an authorized supervisor
or refusing or failing to do assigned work.
12.Theft, destruction, or neglect in the use of City property while the
employee is on or off duty, or of property or materials of any other
person while the employee is on duty.
13. Lying to supervisors or falsifying records with respect to official duties.
14.Threatening, fighting with, intimidating, coercing, or abusing other
employees or officials of the City or provoking such actions by others.
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15.Absence from work where the employee has requested permission to
be absent and such request has been denied.
16. Divulging confidential information from privileged official records to
unauthorized persons.
17. Failure to observe departmental regulations.
18. Unauthorized absence from duty.
19.Abuse of sick leave.
20. Failure to maintain satisfactory working relationships with other
employees or the public.
21. Failure to observe safety regulations
22. Discourtesy and rudeness to the public.
23. Unauthorized performance of work by nonexempt employee outside of
established work schedules.
24. Unauthorized operation or use of any vehicles, machines, or
equipment of the City.
25. Carelessness in the performance of duties.
26. Intentionally or maliciously supplying false information or making false
claims with intent to improperly affect official decisions or bring
discredit to other employees.
27. Insubordination
28. Removal of City equipment, material, supplies, etc., without the
approval of the department director or City Manager
29. Use of clothing provided by the City for other than official City duties.
30. Discrimination, sexual harassment, and/or violence in the work place.
31 .Violation of any section of the Personnel Rules.
Section 3.Written Reprimands
A pre -disciplinary meeting is not required when issuing a written reprimand to the
employee.
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.A written
reprimand shall also indicate a copy is to be sent to the Human Resources
department for inclusion in the employee's personnel file.In addition, the
document shall also contain a notice that the employee may file a grievance on
the written reprimand in accordance with Rule 17,Grievance and Appeal
Procedures.
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Section 4.Pre -Disciplinary Meeting
Pre -disciplinary meetings are not required for:
Verbal warnings (informal counseling);
Written warnings (formal counseling); or,
Written reprimands
Pre -disciplinary meetings are required prior to:
Suspension;
Demotion; or,
Other forms of discipline
The pre -disciplinary meeting shall include the employee and may include the
Human Resources director or designee and/or legal counsel for the City.
The employee facing discipline shall be afforded a pre -disciplinary meeting; the
notification of the pre -disciplinary meeting shall be in writing and consist of the
following:
a)That discipline is contemplated, up to and including termination
or the type of discipline contemplated ;
b)The violation of one or more of the causes for discipline
examples are set forth in Rule 16,Discipline;
c)The specific conduct or omission committed by the employee
which the department director believes is a violation of the
personnel rules;
d)When and where the meeting is to be held;
e)That the employee is entitled to have a representative of his or
her own choosing present at the meeting; and
f)The purposes of the meeting, which are:
1)To allow the employee to correct any errors in the
information or facts upon which disciplinary action is
proposed;
2)To allow the employee to tell his or her side of the story
and to present any mitigating information as to why
discipline should not be taken.
The time between the initial notice of proposed disciplinary action and the pre-
disciplinary meeting shall be reasonable and shall give the employee adequate
time to prepare a reply.Two (2) business days is considered reasonable and
under no circumstances shall the pre -disciplinary meeting be less than two (2)
business days from the time the employee receives the meeting notice.
If personal delivery of the initial notice is not feasible, notice may be given by
depositing the notice in the U.S. Postal Service mailbox, addressed to the last
address of record for the employee, and with the first class postage affixed.If
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service of notice is by mail, at least six (6) calendar days shall be allowed
between the date the notice is mailed and the date the meeting is scheduled.
The following procedure is required at the pre -disciplinary meeting:
a)Presentation of the facts and information upon which the initial
notice of proposed disciplinary action was based;
b)Provide the employee an opportunity to respond to the
presentation of facts and information; and
c)If the employee submits a written response prior to or during the
meeting, include the response in the official record.
At the meeting the employee may be accompanied by an individual of his or her
choosing.The following are guidelines for conduct at the pre -disciplinary
meeting:
a)It is not mandated to provide justification to the employee or his
or her representative for proposing disciplinary action;
b)Testimony by or cross-examination of witnesses is not required;
c)Testimony under oath is not required;
d)Recording of the proceedings by a court reporter is not required,
however the proceedings may be tape recorded by either side;
e)The person accompanying the employee may only observe the
meeting and advise the employee; he or she cannot interfere
with the process by asking questions or demanding the
procedures be changed.Such interference shall constitute
forfeiture by the employee of the right to be accompanied by
anyone and such person shall be asked to leave the proceeding
immediately; subject to the disorderly conduct laws of the State.
Section 5.Notices of Suspension, Demotion, or Termination
The department director will discuss with Human Resources staff the disciplinary
action considered prior to taking action.
Notices of suspension, demotion, or termination shall contain the following:
a)The discipline being imposed
b)Identification of the violations or failures to meet reasonable
expectations for performance on the job with sufficient specificity and
detail.These charges shall be those listed in the initial notice of
disciplinary action, except for charges that may have been added or
deleted as a result of the pre -disciplinary meeting. Substantial
amendment or additional charges may be made only by repeating the
procedure detailed in Section 4,Pre -disciplinary Meeting.
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c)A reference to the opportunity afforded the employee to tell his or her
side of the story in accordance with Section 4,Pre -disciplinary
meeting.
d)An indication that the material presented has been considered by the
City in reaching a final determination.
e)Notice that the employee may request a copy of the written materials
alleged to support the action taken.
f)A notice that the employee may appeal the suspension, demotion or
dismissal pursuant to rule 17,Grievance and Appeal Procedures.
Copies of notices of suspension, demotion, or dismissal shall be sent to the
Human Resources department for inclusion in the employee's personnel file.
Section 6. Taking Disciplinary Action
The discipline notice shall be delivered to the employee within ten (10) calendar
days after the Pre -disciplinary meeting. The disciplinary action shall be taken
within sixty (60) calendar days after the Pre -disciplinary meeting.
Section 7.Effect of Technical Omissions
Failure of a supervisor or department director to comply with the provisions of
Section 3,Written Reprimands,and Section 6,Notices of Suspension, Demotion,
or Dismissal,as they pertain to content of written reprimands and notices of
suspension, demotion, or termination, shall not constitute a basis for reversing a
disciplinary action on appeal.
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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 career status
employees, aggrieved about a situation affecting the conditions of their
employment, with a method for the resolution of the matter without discrimination,
coercion, restraint, or reprisal against the employee during the process.
Any contention that the city has failed to comply with any obligation it has made
to an employee through its ordinances, policies, or any other written commitment
must be raised pursuant to these grievance and appeal procedures, and these
procedures provide the exclusive remedy for any such claim.
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Section 2.General
An employee may file a grievance or appeal for actions as identified in this rule
and utilize the procedures defined in this rule.
If the complaint alleges a matter other than that identified by this rule, employees
are encouraged to discuss the complaint on an informal basis with appropriate
management personnel as the matter is not entitled to the grievance and/or
appeal process.
Action Grievance Appeal to Appeal to
City Hearing
Manager Officer
(CM)
Written Reprimand X
Overall unsatisfactory Performance rating X
Suspension:X
3 days or less
Misinterpretation or misapplication of the Personnel X X X
Rules or administrative procedures (if grievance (if appeal to
does not CM does not
resolve the resolve the
complaint)complaint)
Adverse action to the employee, based on unlawful X X X
discrimination because of race, color, creed,(if grievance (if appeal to
national origin, sex, age, political affiliation, or does not CM does not
disability and other than suspension, demotion, or resolve the resolve the
dismissal complaint)complaint)
Suspension of more than three (3) days, demotion,X X X
or dismissal on any grounds, including alleged (if grievance (if appeal to
unlawful discrimination does not CM does not
resolve the resolve the
complaint)complaint)
Disposition of a sexual harassment complaint did X X
not result in stopping the prohibited behavior (if appeal to
CM does not
resolve the
complaint)
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Section 3.Prohibited Grievances and Appeals
The grievance and appeal procedures may not be used for matters involving:
A.Compensation and Classification Plans
B.Overall satisfactory performance evaluations
C.Informal disciplinary actions such as oral or written warnings (informal or
formal counseling)
D.Supervisory or management style
Section 4.Grievance Procedure
Grievances shall be presented according to the following procedure:
An employee may begin a grievance at the level in which the discipline was
administered.
A copy of the grievance and the responses shall be attached to the grievance at
all steps in the process.
A.Form:Grievance forms may be obtained from the Human Resources
department or they may be found on the City's Intranet.
B.Step 1: Filino with Supervisor
The employee shall present a grievance to the immediate supervisor
within seven (7) calendar days after notification of or occurrence of the
action which gives rise to the grievance.
The immediate supervisor should consider the grievance and provide the
employee a dated, written response within seven (7) calendar days of
the receipt of the grievance.
C.Step 2: Filing with the department director
If the response of the immediate supervisor does not resolve the
grievance or the immediate supervisor did not respond to the grievance,
and the employee wishes to pursue it further, the employee shall present it
to the department director in writing within seven (7) calendar days after
receiving the decision of the immediate supervisor or within seven (7)
calendar days from the date the immediate supervisor's response was
due.
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The department director should consider the grievance and provide the
employee a dated, written response within seven (7) calendar days of
receipt of the grievance.
D.Step 3: Filing with the Assistant City Manager
If the response of the department director does not resolve the grievance
and the employee desires to pursue it further, the employee shall present
it in writing to the assistant city manager within seven (7) calendar days
after receiving the decision of the department director, or within seven (7)
calendar days from the date the department director's response was due.
The assistant city manager or his or her designee shall consider the
grievance and shall provide the employee a dated, written response within
seven (7) calendar days of receipt of the grievance.
The decision of the assistant city manager for grievances is final and is not
appealable further unless formal appeal procedures are an available
remedy under this rule.
Section 5.Time Computation
The computation of the calendar days shall be as follows for the date of notice of
the action:
A. If written action:
-date of the delivery of a notice if handed to the grievant or
-the date of mailing of the notice if sent by U.S. mail.
(If the notice is mailed, three (3) calendar days shall be added to the time
in which a response is due).
B.If not a written action:
-date of action shall be the date on which the aggrieved action occurred.
C.The period of time for filing the grievance starts on the day following the
date of notice or occurrence of the action.
D.If the final date of the grievance period falls on a city observed holiday or
weekend or on a day the city is closed, the final date for grievance shall be
construed to be the next business day it is open.
E.The grievance period ends at 5:00 p.m., on the final date for grievance. If
this date is a City observed holiday, a weekend, or on a day the city office
is closed, the grievance period ends at 5:00 PM the next business day.
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Section 6.Appeal Procedure
Matters not specifically stated in this rule cannot be appealed.Appeals shall be
presented according to the following:
A.Time Computation:The computation of the calendar days shall be in
accordance with Section 5 of this Rule.
B.Form of Appeal:Every appeal shall be filed in writing and shall include the
name and address of the employee appealing, the action which is the
subject of the appeal, the reason for the appeal, a factual chronology of
the action, the remedy sought, and a reference to the Personnel Rule
which the action allegedly violates.The appeal shall have attached any
written material pertaining to the matter appealed.
C.Procedures for Filing an Appeal:Every appeal shall be filed within ten
(10) calendar days from the date of notice of the action, which is the
subject of the appeal.All appeals shall be addressed to the City Manager.
The City Manager shall have ten (10) calendar days to respond to the
appeal.
If the employee is not satisfied with the City Manager's decision, the
employee has ten (10) calendar days from the date of response or the
date a response was due, to file a Notice of Appeal for a hearing before a
Hearing Officer.The Notice of appeal shall be in accordance with Section
6.B of this rule and shall be filed in the Human Resources department.
Section 7.Time Extension
Upon mutual consent of the parties a time extension for grievances and appeals
may be authorized by the Human Resources director.Such agreement shall be
in writing, state the duration of the extension, and be signed by both parties.This
agreement shall accompany the grievance at all future steps.
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Rule 18.Rules for Hearings before a Hearing Officer
Section 1.Hearing Officer
The employee wishing an appeal for a hearing before a Hearing Officer, shall file
an appeal to a Hearing Officer with the Director of Human Resources.
The Human Resources Director, in consultation with the City Attorney, shall
retain a Hearing Officer or Officers who shall not be an employee(s) of the City.
Section 2.Right of Appeal
Any employee shall have the right to appeal actions to the Hearing Officer
pursuant to the City's Personnel Rules.The Hearing Officer shall determine if
the appeal is allowed under the Personnel Rules and shall not consider appeals
not covered by these rules.The Hearing Officer shall dismiss such appeals upon
motion by a party to the appeal or by his or her own authority.
Section 3.Time of Hearing
Upon receipt of Notice of Appeal, the Human Resources Director shall contact
the Hearing Officer who shall schedule a time for the hearing.The hearing shall
be set for not less than sixty (60) calendar days from receipt of the Notice of
Appeal by the Human Resources Director of the employee's appeal to the
Hearing Officer.The Hearing Officer shall provide the parties to the appeal with
written notification of the date, time, and place of hearing.
Section 4.Pre -Hearing Statements
Upon receipt of the appeal the Hearing Officer shall give each party a pre-
hearing statement form to be completed. The pre -hearing statement shall
include the following:
a)The names, addresses, and phone numbers of all parties to the
appeal.
b)The names, addresses,and phone numbers of legal counsel or
representatives for the parties.
c)A list of witnesses, including addresses and phone numbers,and brief
summaries of their testimony.
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
twenty (20) calendar days of receipt by the parties of the pre -hearing statement.
Each party to the appeal shall provide the opposing party with a copy of the pre-
hearing statement and copies of exhibits to be used within twenty (20) calendar
days of the receipt of the pre -hearing statement.Each party is responsible for
keeping the Hearing Officer and the opposing party updated on additional
witnesses and exhibits through the use of an amended pre -hearing statement.
The party amending the pre -hearing statement shall submit one copy to the
Hearing Officer and shall provide the opposing party with a copy of the amended
statement and a copy of additional exhibits, if any.
Under no circumstances shall witnesses or exhibits be added within twenty (20)
calendar days of the hearing.No witness testimony or exhibits shall be
admissible if not identified by the parties twenty (20) calendar days prior to
hearing.
Section 5.Pre -Hearing Conference
After acceptance of an appeal and designation of representatives, the Hearing
Officer may, at the request of the parties or on their own initiative, schedule a
pre -hearing conference at a time convenient to all parties.
At the pre -hearing conference the Hearing Officer may request exhibits, define
the issues, and accept stipulations of the parties.The Hearing Officer may rule
on the admissibility of exhibits and witnesses and may reject irrelevant or
cumulative exhibits and disapprove witnesses whose testimony is irrelevant or
cumulative.
Section 6.Subpoenas
Pursuant to Title 12, Article 13, Chapter 2, A.R.S. 12-2212, the Hearing Officer
may issue subpoenas, compel attendance of witnesses and production of
evidence, administer oaths, and cause depositions to be taken. Any subpoena
shall be issued in the same manner as provided for issuance of subpoenas in the
Superior Court of Arizona.
Any party or witness, or a representative thereof may, within five (5) calendar
days after service of the subpoena, file a motion to quash or modify the
subpoena if it is unreasonable and oppressive; or move the Hearing Officer to
condition denial of the motion upon the advancement by the person in whose
behalf the subpoena is issued of the reasonable cost of producing the books,
papers, documents, or tangible items.
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Section 7.Continuances
The Hearing Officer may, in his or her sole discretion, grant continuances during
the entire proceeding to each party for good and sufficient cause.
Section 8.Appeal Hearings
The appealing employee shall appear personally, unless physically unable to do
so, before the Hearing Officer at the time and place of the hearing.The
appealing employee may be represented by an attorney.
All hearings before the Hearing Officer shall be closed to the public.
The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner most
conducive to determination of the truth.
Any relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules, which might
make improper the admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining
any direct evidence but shall not be sufficient in itself to support a finding unless
it would be admissible pursuant to the Arizona Rules of Evidence.
The rules of privileges shall be effective to the same extent that they are now or
hereafter may be recognized in civil actions, and irrelevant and unduly repetitious
evidence may be excluded.
Decisions made by the Hearing Officer shall not be invalidated by any informality
in the proceedings, and the Hearing Officer shall not be bound by technical rules
of evidence.
The Hearing Officer shall rule on the admission or exclusion of evidence.
The proceedings before the Hearing Officer may be recorded by a stenographer
or by audio or videotape.The original tape or recording, or certified transcript
shall be a part of the record of any appeal.
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Each party shall have these rights:
•to be represented by legal counsel or other person of choice;
•to call and examine witnesses;
•to introduce evidence;
•to cross-examine opposing witnesses on any matter relevant to the
issues;
•to impeach any witness regardless of which party first called for testimony;
and
•to rebut the evidence.
If the respondent does not testify on his/her behalf, he/she may be called and
examined as if under cross-examination.
Oral evidence shall be taken only on oath or affirmation.
Hearings involving disciplinary actions shall proceed in the following order,
unless the Hearing Officer directs otherwise:
1.The party imposing discipline shall be permitted to make an opening
statement.
2.The appealing party shall be permitted to make an opening statement.
3.The party imposing disciplinary action shall produce the evidence on
his/her part.
4.The party appealing from such disciplinary action may then open for
defense and offer evidence in support thereof.
5.The parties may then, in order, respectively offer rebutting evidence only,
unless the Hearing Officer for good reason permits them to offer evidence
upon their original case.
6.Oral or written arguments shall be permitted at the discretion of the
Hearing Officer.
7.Both parties may present closing arguments.
The Hearing Officer shall determine relevancy, weight, and reliability of testimony
and evidence, and shall base findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall
be excluded from the hearing upon motion of either party.
No still photographs, moving pictures, or television pictures shall be taken in the
hearing chamber during the hearing.
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.
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The role of the Hearing Officer is limited as a matter of law. The Hearing Officer
may not substitute his or her independent judgment simply on the belief that a
reduced level of discipline would be more appropriate to the offense.Based on
this standard of review the Hearing Officer may sustain or reject the disciplinary
action invoked against the employee.However, the Hearing Officer may not
modify the disciplinary action.The standard of review is not "denovo".
The Hearing Officer shall render findings of fact, conclusions of law, and decision
as soon after the conclusion of the hearing as possible, and in no event, later
than thirty (30) working days after conducting the hearing unless otherwise
stipulated by the parties.The Hearing Officer's decision shall set forth the
findings as to each of the charges and the reasons therefore.
The Hearing Officer shall provide the decision to the Human Resources director
and the employee and shall set forth all the findings of fact, conclusions of law,
and the final determination.
The Human Resources Director shall provide a summary and/or copy of the
decision to the department director, the City Attorney, the Assistant City Manager
and the City Manager.
The decision of the Hearing Officer shall be final and binding upon both the
employee and the City, and therefore, not appealable to any office or body of the
City or to any other forum, administrative or judicial, unless otherwise allowed
under Arizona law.
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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 affected positions.The Human
Resources Director shall oversee the layoff process and notification to the
affected employees.An employee being laid off will receive a minimum notice
of two (2) weeks.
There are two (2) layoff units covered by these Rules: Municipal Court and all
other City departments.
In the event of a reduction in force (RIF), the layoff of employees shall follow the
order below:
A.Layoff by Type of Status
- Non -career status employee before initial probationary status,
- initial probationary status before transitional probationary status, and;
- transitional probationary status before career status.
B.Layoff by Classification and Seniority
Career status employees serving in a classification requiring reduction in
personnel shall be laid off in the reverse order of their appointment in that
classification and within the layoff unit, the last one so appointed being the
first to be laid off.
When no position of the same class exists within the layoff unit or all
employees in the class have greater seniority than the employee, the
employee may request in writing to be placed in a lower class in the same
classification series and within the layoff unit. The employee may request to
be placed in the lower class if the employee has previously held the position
and; in no circumstance shall this request be used to effect a promotion.
The classification series set forth in the most current classification plan
accepted by the City Council and/or modified by the City Manager shall be
used as a guide.
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C.Layoff Lists
A layoff list shall be maintained by Human Resources for each affected
classification.All career status employees who have been laid off shall have
their names placed on the appropriate layoff list according to seniority.If the
employee has not been appointed from the layoff list to his/her layoff title, the
employee's name shall remain on the list for a period of two (2) years from
date of layoff.
It shall be the responsibility of the employee on the layoff list to provide the
Human Resources Department with their most current mailing address.
D.Reinstatement
As positions are reinstated within the layoff unit, individuals will be reinstated
according to seniority from the appropriate layoff list; the most senior person
laid off will be the first person hired back.
Employees resume their positions without loss of seniority. The employee will
be placed at the pay rate that is the closest to the rate at layoff that does not
disadvantage the employee. In addition the employees' unused sick leave
accruals will be restored.
Upon time of reinstatement, the employee will be notified at the address on
file with Human Resources and given ten (10) working days to respond.
Failure to respond within that timeframe may result in the City's contacting the
next person on the layoff list.
Section 2.Resignation
An employee wishing to resign in good standing shall submit a written resignation
to their department director with a copy to Human Resources, at least two (2)
weeks before leaving service.The resignation should state the effective date
and reasons for resignation.This time limit may be waived by the Human
Resources Director and department director.
Failure to give notice as required by this rule may be cause for a denial of future
employment with the City.
An "exit interview" may be arranged with the Human Resources Director and/or
his/her designee.
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