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HomeMy WebLinkAboutORD665ORDINANCE NO.665 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY AMENDING CHAPTER 3 ADMINISTRATION,ARTICLE 3-10 PERSONNEL SYSTEM,PERTAINING TO ATTENDANCE AND LEAVES AND TO GRIEVANCE PROCEDURES REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That Chapter 3 ADMINISTRATION,Article 3-10 PERSONNEL SYSTEM,be amended to read as follows: ARTICLE 3-10 PERSONNEL SYSTEM A.That certain document entitled City of Apache Junction Personnel Policies Rule XI.Attendance and Leaves,Section 3,immediately following Sick Leave be amended to read as follows: Workmen's Compensation in Relation to Sick Leave:Employee's are covered by the City,under the Arizona State Workmen's Compensation Act,against injuries and illnesses occurring in the course of City employment.The law provides for payment of medical expenses and, under certain circumstances,compensation for loss of income.To establish entitlement,i t is mandatory that every job related injury or illness,regardless of severity,be immediately reported to the super- visor and a written report prepared and submitted to the Personnel Officer. Workmen's Compensation,except for payment of medical expenses,shall not be paid for the first seven (7)days after injury or illness.I f the disability extends beyond the seven (7)day period,Workmen's Compensation shall begin on the eighth day.I f i t continues beyond the thirteenth day,compensation shall be computed and made retroactive to the date of injury or illness.(These are standards set by State Law.) During those periods when Workmen's Compensation is not provided by the State,income,i f any,must be charged to the employee's accrued sick leave or vacation leave i f all sick leave has been exhausted.While the employee is on industrial leave as a result of a City job injury or disease,he may,i f desired,be paid the difference between his normal net take home pay and the amount received in Workmen's Compensation. This difference will be converted to an equivalent gross pay amount and can only be paid from accrued sick leave credits or vacation leave cre- dits,provided all sick leave credits have first been exhausted. Normal deductions will be made from this equivalent gross pay.When i t ORDINANCE NO.665 PAGE 1 is apparent that a City job related injury or illness will incapacitate the employee for a period of 14 or more days,the City shall,i f requested and provided the employee signs over his Workmen's Compensation,advance the employee up to ten (10)days salary.The amount of the advance will equal the employee's normal net take home pay.Upon receipt of compensation from the Workmen's Compensation Fund,the advance must be refunded to the City. No employee shall receive sick leave as a result of a job injury or disease incurred while employed by someone other than the City of Apache Junction. In those instances where an employee has been unable to work for a period of six months due to a work related injury or illness,the employee shall be required to provide the City with a physician's sta- tement outlining the specifics of the illness -or injury,prognosis for recovery and ability to return to work,probability of temporary or permanent limitations or disability,and approximate date of return to work.I t shall be the employee's responsibility to obtain the physi- cian's prognosis when requested by the Personnel Officer.Failure to provide this statement shall be grounds for notification of intent to terminate employment.This requirement shall in no way interfere with the Personnel Officer's authority to require periodic visits to the City doctor as outlined below. The employee may be required to visit the City doctor periodically,and at intervals set by the Personnel Officer,in order that the City doc- tor may determine whether the employee is too ill or injured to be able to work safety and whether the employee might endanger the property or health of other persons while performing job duties.If the City doc- tor determines an employee fit for duty,the employee may no longer receive sick leave benefits from the City,and the City industrial insurance carrier shall be notified immediately.An employee who does not return to work under these circumstances may be terminated.Status examinations in excess of one per week,required by the Personnel Officer,conducted by the City doctor,will be conducted at city expense.Nothing in this section shall be construed to diminish the City Manager's authority to terminate the employment of an employee as per Rule II. Instructions governing Workmen's Compensation procedures shall be established by administrative policy. RULE XX.GRIEVANCE PROCEDURES Section 1.Purpose of Rule: A.To promote improved employer/employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. ORDINANCE NO.665 PAGE 2 B.To afford employees individually or through qualified employee organizations,a systematic means of obtaining further con- siderations of problems through the chain -of -command after every reasonable effort has failed to resolve them through discussions. C.To provide that grievances shall be settled as near as possible to the point or origin. D.To provide that appeals shall be conducted as informally as possible. Section 2.Matters Subject to Grievance Procedure:Permanent employees in the classified service shall have the right to appeal a decision affecting their employment over which the Personnel Officer has partial or complete jurisdiction.The formal grievance procedure may be used for interpretations of City policy or personnel actions such as suspensions,demotions,or dismissals.All other complaints shall be handled through the informal grievance procedure. Section 3.Informal Grievance Procedure:An employee with a problem or complaint,without undue delay,should first try to get i t settled through either written or verbal communication with the employee's immediate supervisor.If,after this discussion,the employee does not believe the problem has been satisfactorily resolved,the employee shall have the right to discuss i t with the employee's supervisor's immediate supervisor,i f any,or the Personnel Officer.Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. SECTION II.REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provi- sions of this ordinance or any part of the Code adopted herein by reference are hereby repealed. SECTION III.PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase,or portion of this ordinance or any part of the Code adopted herein by reference is, for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 7TH DAY OF FEBRUARY ,1989. SIGNED AND ATTESTED TO THIS 15TH DAY OF FEBRUARY ,1989. -5-, NORMAN S.HILL Mayor ORDINANCE NO.665 PAGE 3 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: F. "ALE City Attorney ORDINANCE NO.665 PAGE 4