HomeMy WebLinkAboutORD1533 ORDINANCE NO. 1533
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT ENTITLED "2023 CITY OF APACHE JUNCTION
PERSONNEL RULES" ; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, since the last revision to the Apache Junction
Personnel Rules in 2016, some provisions have become outdated and
need modification, with the more substantive being as fol ows : 1)
the overall purpose of the personnel rules; 2) definitions; 3)
Equal Employment Opportunity Program and non-discrimination; 4)
ethics and professional conduct; 5) outside employment and
volunteer activities; 6) recruitment and selection; 7) sick leave
in accordance with the 2016 passage of Proposition 206; 8) overtime
factors and contributors to hours worked; 9) meal breaks; 10)
performance review; 11) drug-free workplace policy; and 12)
personnel rules violations and grounds for discipline; and
WHEREAS, Resolution No. 23-02 declares as public record the
document entitled "2023 City of Apache Junction Personnel Rules" ;
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
paper copies or one paper copy and one electronic copy of the code
changes or public record, are filed in the office of the city clerk
and are made available for public use and inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802 , public
records which 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 "2023 City of Apache
Junction Personnel Rules" , three paper copies, or one paper
copy and one electronic copy of which are filed in the
ORDINANCE NO. 1533
PAGE 1 OF 3
office of the city clerk, and are made available for public
use and inspection, which document was made a public record
by Resolution No . 23-02 of the City of Apache Junction, is
hereby referred to, adopted and made a part hereof as if
fully set out in this ordinance, pursuant to A.R. S . § 9-
802 .
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes 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 codes or regulations adopted
herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV 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 is hereby declared to
exist; and this ordinance shall be in full force and effect from
and after its passage, adoption and approval by the mayor and city
council of the City of Apache Junction.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 7th DAY OF March, 2023 .
SIGNED AND ATTESTED TO THIS 7th DAY OF March, 2023 .
WALTER - HIP" WILSON
Mayor
ORDINANCE NO. 1533
PAGE 2 OF 3
ATTEST:
> ate
E NIFER P NA
City Clerk
APPROVED AS TO FORM:
&' 3.6,,2
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1533
PAGE 3 OF 3
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Apache Junction Personnel Rules 2023
Table of Contents
RULE 1. POLICY AND GENERAL PURPOSE ...................................................6
Section1. Policy................................................................................................6
Section2. Purpose............................................................................................6
Section 3. Scope, Interpretation, Administration and Amendments ..................7
RULE 2. DEFINITION OF TERMS ......................................................................8
RULE 3. GENERAL PROVISIONS ...................................................................15
Section 1. Equal Employment Opportunity......................................................15
Section 2. Loyalty Oaths .................................................................................16
Section 3. Residency Requirements and Use of City Vehicle .........................16
Section 4. Compliance with the Immigration Reform and Control Act of 1986 17
Section 5. Affirmative Action ...........................................................................17
Section6. Ethics .............................................................................................17
Section8. Safety.............................................................................................20
Section 9. Gratuities/Solicitations....................................................................21
Section 10. Outside Employment and Volunteer Activities...............................21
RULE 4. RECRUITMENT AND SELECTION....................................................23
Section 1. Policy Statement ............................................................................23
Section 2. Application Forms...........................................................................23
Section 3. Recruitment and Selection Process ...............................................23
Section 4. Examination Results.......................................................................24
Section 5. Screening of Applicants..................................................................24
Section 6. Offer of Employment ......................................................................25
Section7. Eligible Lists ...................................................................................25
Section 8. Hiring of Relatives ..........................................................................25
RULE 5. APPOINTMENTS, STATUS, AND PROBATION ...............................27
Section 1. Types of Positions..........................................................................27
Section 2. Employee Status ............................................................................28
Section 3. Attainment of Status.......................................................................28
Section4. Probation........................................................................................29
Section 5. Duration of Probation .....................................................................30
Section 6. Effect of Status on Employee Rights and Privileges.......................31
Section 7. Types of Appointments...................................................................32
Section 8. Reassignments...............................................................................32
Section 9. Exempt and Nonexempt Personnel................................................33
RULE6. CLASSIFICATION..............................................................................34
Section 1. Adoption, Amendment, and Revision of Plan .................................34
Section 2. Classification of Positions...............................................................34
Section 3. Reclassification of Positions...........................................................34
Section 4. Creation, Abolishment and Reclassification of Positions................35
RULE 7. EMPLOYEE RECORDS .....................................................................36
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Section1. Policy..............................................................................................36
Section 2. Accessibility....................................................................................36
Section 3. Contents of Personnel File.............................................................37
Section 4. Status Changes..............................................................................37
RULE 8. ATTENDANCE AND LEAVES ...........................................................38
Section 1. Attendance....................................................................................38
Section 2. Vacation Leave..............................................................................38
Section3. Sick Leave.....................................................................................39
Section 4. Workers' Compensation ................................................................43
Section 5. Military Leave................................................................................43
Section 6. Leave of Absence without Pay......................................................44
Section 7. Leave with Pay..............................................................................45
Section 8. Jury Leave.....................................................................................45
Section 9. Subpoena Leave...........................................................................45
Section 10. Administrative Leave.....................................................................46
Section 11. Bereavement Leave ......................................................................46
Section 12. Holidays ........................................................................................47
Section 13. Birthday Leave ..............................................................................48
Section 14. Rest Periods..................................................................................48
Section 15. Family and Medical Leave Policy ..................................................48
RULE9. OVERTIME .........................................................................................56
Section1. Policy..............................................................................................56
Section 2. Exempt and Non-covered Employees............................................56
Section3. Work Period....................................................................................56
Section 4. Overtime Accrual............................................................................57
Section5. Hours Worked ................................................................................57
Section 6. Calculation of Overtime..................................................................60
Section 7. Compensatory Time in Lieu of Paid Overtime................................60
Section 8. Payment of Compensatory Time at Termination of Employment ...61
Section 9. Substitution of Work Hours between Employees............................61
Section10.Travel Time ....................................................................................62
RULE 10. PERFORMANCE REVIEW...............................................................63
Section1. Purpose..........................................................................................63
Section 2. Performance Reporting Requirement during Probation..................63
Section 3. Performance Review Requirements Following End of Probation ...63
Section 4. Salary Increase ..............................................................................63
RULE 11. DRUG-FREE WORKPLACE POLICY..............................................64
Section1. Purpose..........................................................................................64
Section 2. Policy Statement ............................................................................64
Section 3. Over-the-Counter or Prescribed Medications.................................65
Section 4. Types of Authorized Drug and Alcohol Testing ..............................65
Section 5. Policy Violation...............................................................................69
Section 6. Employee and Applicant Consent Form .........................................69
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Section 7. Rehabilitation..................................................................................70
Section8. Searches........................................................................................70
Section 9. Confidentiality.................................................................................70
Section 10. Employee Responsibilities ............................................................71
Section 11. Management Responsibilities........................................................71
Section 12. Drug and Alcohol Testing Methodology.........................................72
Section13. Test Results ..................................................................................73
Section 14. Commercial Driver's License Holders............................................73
RULE 12. POLICY AGAINST DISCRIMINATION.............................................74
Section 1. Policy Statement .............................................................................74
Section 2. Initiating a Discrimination or Sexual Harassment Complaint...........75
Section 3. Investigation Procedure...................................................................76
Section 4. Discipline.........................................................................................77
Section 5. Reprisals Prohibited ........................................................................77
RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE ...................78
Section 1. Policy Statement .............................................................................78
Section 2. Prohibitions......................................................................................78
Section 3. Applicability .....................................................................................78
Section 4. Initiating a Complaint Involving Violence in the Workplace .............78
RULE 14. FRATERNIZATION POLICY ............................................................79
Section 1. General Information.........................................................................79
Section2. Policy...............................................................................................79
Section 3. Reporting Requirements .................................................................79
RULE 15. POLITICAL ACTIVITIES...................................................................80
Section1. Purpose...........................................................................................80
Section 2. Policy Statement .............................................................................80
Section 3. City Council Elections......................................................................80
Section 4. Other Candidate Elections ..............................................................81
Section 5. Retaliation Prohibited ......................................................................82
Section 6. Other Permitted Activity...................................................................82
Section 7. Protection of Civil Liberties..............................................................83
RULE 16. DISCIPLINE......................................................................................84
Section 1. Disciplinary Actions .........................................................................84
Section 2. Grounds for Discipline.....................................................................84
Section 3. Written Reprimands.........................................................................85
Section 4. Pre-Disciplinary Meeting .................................................................86
Section 5. Notices of Suspension, Demotion, or Termination ..........................87
Section 6. Taking Disciplinary Action ...............................................................88
RULE 17. GRIEVANCE AND APPEAL PROCEDURES ..................................89
Section 1. Purpose of Grievance and Appeal Procedures ..............................89
Section2. General ..........................................................................................89
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Section 3. Prohibited Grievances and Appeals ...............................................90
Section 4. Grievance Procedure .....................................................................90
Section 5. Time Computation..........................................................................91
Section 6. Appeal Procedure...........................................................................92
Section 7. Time Extension...............................................................................92
RULE 18. RULES FOR HEARINGS BEFORE A HEARING OFFICER............93
Section1. Hearing Officer...............................................................................93
Section 2. Right of Appeal...............................................................................93
Section 3. Time of Hearing..............................................................................93
Section 4. Pre-Hearing Statements.................................................................93
Section 5. Pre-Hearing Conference ................................................................94
Section 6. Subpoenas.....................................................................................94
Section 7. Continuances .................................................................................95
Section 8. Appeal Hearings.............................................................................95
RULE 19. SEPARATION OTHER THAN DISMISSAL......................................98
Section1. Layoff .............................................................................................98
Section 2. Resignation ....................................................................................99
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Apache Junction Personnel Rules 2023
Rule 1 . Policy and General Purpose
Section 1. Policy
These personnel policies for the City of Apache Junction (hereinafter referred
to as the "City") have been designed, revised, approved and implemented in
order to provide each employee of the City a clear and thorough
understanding of the policies by which the City strives to operate, and the
conditions under which employment with the City is accepted or continued.
Knowing the responsibilities, rights and privileges under these rules to
optimize employee working conditions and will result in a professional, safe,
enjoyable and efficient workplace.
Section 2. Purpose
The Personnel Rules are enacted to provide:
1. A uniform system of personnel administration; and
2. A means of communication with department directors, supervisors, and
employees; and
3. Protection and clarification of the rights and responsibilities of all
employees; and
4. A framework for consistency and fairness in recruitment, selection,
placement, promotion, retention, termination and separation of City
employees based upon employees' qualifications for a position; and
5. A tool to assist managers in the development of sound management
practices and procedures; and
6. A means of protecting the legal interests of the City in compliance with
federal and state laws.
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Apache Junction Personnel Rules 2023
Section 3. Scope, Interpretation, Administration and Amendments
Scope
These policies and procedures apply to all employees of the City of
Apache Junction except where specifically stated otherwise in the City
Code, in these personnel rules, or in the case of the City Manager, City
Magistrate and City Attorney in an employment agreement, and any other
employee whose employment is by employment agreement henceforth.
These policies and procedures do not apply to nonemployee positions as
defined in the City Code, including elected officials; members of boards,
committees and commissions; persons engaged by the City on a
contractual basis; volunteer personnel; and other personnel whom the
Council may designate.
Interpretation and Administration
The Human Resources Director is responsible for the interpretation and
administration 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.
In the event of conflict between these policies and procedures and state,
local, or federal law, the terms and conditions of the state, local, or federal
law shall prevail. The City may modify its practices as appropriate upon
knowledge of an amendment or enactment of a law that may pertain to
employment.
Amendments
Amendments to these rules may be proposed to the City Council through
the City Manager or Human Resources Director. The City Council may, at
its sole discretion by ordinance and/or resolution, amend or repeal these
rules pursuant to a public hearing agenda item at a City Council Meeting.
Amendments to these rules become effective upon their adoption by the
City Council, or as otherwise designated by the City Council.
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Apache Junction Personnel Rules 2023
Rule 2. Definition of Terms
The following terms, whenever used in the rules, shall be defined as follows:
Accrual - The periodic and incremental accumulation of time or wages.
Active Pay Status - The status designation for any period of time when an
employee is eligible to receive pay directly from the City including, but not
limited to: hours worked, paid time off, and paid leave.
Administrative Leave with Pay - Paid leave given at the discretion of the
department Director and with HR Director approval, usually granted during an
investigation into improper conduct.
Alcohol - Ethanol, isopropanol, or methanol; and an organic compound
containing one of more hydroxyl groups.
Anniversary Date - The date on which an employee began employment.
Appointment - The act of filling a position.
Arizona Revised Statutes (ARS) - Laws adopted, enacted or amended by
the Arizona State Legislature.
Arizona State Retirement System (ASRS) - State agency which provides
retirement benefits, long-term disability benefits, and other benefits to
employees of political entities.
Assignment Pay - Pay provided to eligible employees as compensation for
performing a special duty or assignment.
At-Will Employment - The status of an employee who serves at the
discretion of the City Manager and may be terminated from employment with
or without notice and with or without cause, with no administrative right of
appeal.
Base Rate - The basic hourly rate (or hourly equivalent) applicable to an
employee that does not include any additional or special pay that may be
applicable to work performed by an employee.
Benefit(s) — Non-monetary programs made available to eligible employees,
the cost of all or part of which may borne by the City.
Birthday Leave —A flexible paid day off in recognition of an employee's
birthday; such time off is granted at the convenience of departmental needs.
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Apache Junction Personnel Rules 2023
Career Status — Employes who serve a probationary period.
City— City of Apache Junction, AZ.
City Business - Business directly related to the City, an employee's
performance of job duties, or participation on boards and commissions
affecting or dealing with City functions.
City Manager- The chief executive officer of the City who is appointed by the
Mayor and City Council pursuant to City Code. As used in these rules, the
term "City Manager" may also mean one or more subordinate management
employees designated by the City Manager to perform a specific
management function on behalf of the City Manager, referred to as
"designee" or"designees".
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.
Classification Date -The date on which an employee was appointed to a
title.
Classification Plan -The list of classified titles.
Classified Employee/Classified Service - Employee positions with the City
other than appointed/elected officials and those designated as non-classified
such as the City Manager, City Attorney, and City Magistrate.
Commercial Driver's License -A specified type of driver's license required
to operate large, heavy, or placarded hazardous material vehicles in the
United States in commerce.
Compensatory Time - Those hours worked in excess of forty (40) hours for
the seven (7) day work period and accrued, rather than compensated as
overtime, in the employee's compensatory bank to be used for authorized
time off.
Consolidated Omnibus Budget Reconciliation Act of 1986 as amended
(COBRA) - Federal law which provides employees and their families who lose
their health benefits the right to choose to continue group health benefits
provided by their group health plan for limited periods of time.
Corrective Action - The supervisory techniques of documented oral
counseling, written reprimand and formal disciplinary action.
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Apache Junction Personnel Rules 2023
Day(s) - Calendar days unless otherwise noted.
Demotion - The appointment of an employee from a position in one class to a
position in another class assigned a lower salary group.
Department Director- The head of a department and includes any
appointed official who serves as a department director (e.g. City Manager,
City Attorney, and City Magistrate).
Designee - Employee authorized to perform a function .with or on behalf of
another employee.
Dismissal/Termination -A separation from employment for cause initiated
by the City.
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).
Employee -A person working for the City for compensation (wage, salary,
stipend) who occupies a position subject to appointment, promotion,
demotion, dismissal, separation or removal except for City Council Members.
Employee Assistance Program (EAP) -An Employee Assistance Program
(EAP) is a work-based program that offers free and confidential assessments,
short-term counseling, referrals, and follow-up services to employees who
have personal and/or work-related issues.
Eligible List -A list of qualified persons that may be considered for
employment.
Employee Self Service (ESS) -A web-based application that allows
employees to securely access personal information, pay and tax information,
and benefit open enrollment.
Equal Employment Opportunity (EEO) - Equal employment opportunities
are provided to all employees and applicants for employment without regard
to race, color, religion, sex, national origin, age, disability, sexual orientation,
gender identity or expression, sexual preference or status as a veteran in
accordance with applicable federal laws.
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Apache Junction Personnel Rules 2023
Exempt Employee -An employee who, due to the nature of the duties of
their position with the City, has been determined to be exempt from the
minimum wage and overtime provisions of the FLSA.
Extended Family Member—An extended family member is defined as:
In-laws: daughter in-law, son in-law, mother in-law, father in-law, brother
in-law, sister in-law, stepchildren, step parents in-law, step siblings;
grandparent or grandchild of an employee.
Fair Labor Standards Act of 1938 as amended (FLSA) - Federal law that
provides minimum standards for both wages and overtime entitlement and
describes administrative procedures by which covered work time must be
compensated.
Family and Medical Leave Act (FMLA) - Federal law which allows eligible
unpaid leave related to the medical care for the employee or employee's
family member.
Fiscal Year-As applied to the City, the one-year period from July 1 to the
following June 30.
Floating Holiday—A flexible paid day off with the purpose of acting as a
substitute for a public holiday; such time off is granted at the convenience of
the department needs.
Grievance —An official statement of a complaint in response to a disciplinary
action believed to be wrong or unfair.
Hiring Authority -A management level employee who is authorized to make
decisions regarding the recruitment, selection, and hiring of employees by an
appointed official or designee.
Human Resources Director - The Department Director and/or their designee
who administers the provisions of the Personnel Rules, Administrative
Procedures and City policies.
The Human Resources Director is responsible for, but 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
termination, compensation system, the performance evaluation system,
maintenance of employee records and employee welfare through employee
assistance programs.
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Apache Junction Personnel Rules 2023
Immediate Family Member— Unless otherwise noted in specific sections of
the personnel rules, an immediate family member is defined as:
a) 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 eighteen (18) years of age or eighteen (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.
Insubordination —The failure to comply or refusal to follow lawful directives
of a supervisor or another administrative authority.
Job Description -A written statement of the characteristic duties,
responsibilities, and qualification requirements that distinguish a given class
from other classes.
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).
Non-classified Employees — Employee positions not included in the
classified service are non-classified employees. Persons in non-classified
positions are at-will employees. Non-classified positions include:
A. City Manager
B. City Attorney
C. City Magistrate
D. Other Contract Employees
E. Part-time, temporary and intern employees
Non-Exempt Employee -An employee who, due to the nature of the duties
of their employment position with the City, has been determined to be non-
exempt from (covered by) the minimum wage and overtime provisions of the
FLSA.
Overtime Hours - Eligible hours in excess of the established number of
hours for the established work period.
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Apache Junction Personnel Rules 2023
Pay Grade - The numerical grouping of one or more job titles based on
compensable factors.
Performance Review - The periodic evaluation of an employee's work.
Personnel File - The hard copy and/or digital file maintained by the Human
Resources Department, which contains all original personnel-related
information for each City employee.
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.
Promotion - The appointment of a career status employee from a position in
one class to a position in another class with a higher salary group
assignment.
Public Safety Personnel Retirement System (PSPRS) - State agency
which provides retirement benefits to public safety personnel, as cited in
these rules as PSPRS.
Reasonable Accommodation —A modification or adjustment to a job, the
work environment, or the way things are usually done during the hiring
process as defined in Title I of the Americans with Disabilities Act (ADA).
These modifications enable an individual with a disability to have an equal
opportunity not only to get a job, but successfully perform their job tasks to
the same extent as people without disabilities.
Reasonable Suspicion/Cause -A belief based on specific, objective facts,
and reasonable inferences drawn from those facts, that suggest an employee
is using drugs or alcohol while on the job or is under the influence of drugs or
alcohol while on the job.
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.
Rehire - The appointment of a former employee.
Reinstatement - The appointment of a person from a layoff list.
Resignation -A separation from service initiated by the employee.
Separation - Ending employment with the City by reason of unsatisfactory
completion of the probationary period, lay-off, resignation, retirement,
dismissal, termination, or death. 5
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Apache Junction Personnel Rules 2023
Sick Leave - Time off with pay for medical/illness related instances granted
by the City to employees.
Supervisor/Manager- An employee whose job description includes the
authority and responsibility to exercise supervision and manage work
assignments of other employees.
Suspension — The temporary separation from employment of an employee
with or without pay for disciplinary purposes.
Sworn Personnel - Individuals hired into certified public safety positions (e.g.
police officers).
Time-off Request—An employee request for paid time off.
Transfer - The appointment of an employee to another department and from
a position in one class to a position in the same class.
Unpaid Absence -An absence other than one resulting from the use of
accruals, paid emergency absences, or other paid leaves of absence.
Vacation - Time off with pay for rest/leisure granted by the City to employees;
such time off is granted at the convenience of the department needs.
Work Period - The fixed and regularly recurring seven (7) day period of
Saturday at-12:01 A.M. to Friday at 12:00 Midnight upon which overtime
compensation may be calculated.
Written Reprimand -Written disciplinary notice issued to an employee.
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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
(including gender identity, sexual orientation and preference, and pregnancy),
national origin, age, disability, or status as a veteran in accordance with
applicable federal laws.
Non-Discrimination
The City complies with applicable state laws governing non-discrimination
in employment. This policy applies to all terms and conditions of
employment, including but not limited to, hiring, placement, promotion,
separation, termination, layoff, recall, transfer, leaves of absence,
compensation and training.
The City also provides equal treatment for disabled employees who can
perform with accommodation the essential tasks of the position that are
bona fide occupational qualifications of the position when such
accommodations do not impose an undue hardship on the City.
Equal Employment Opportunity (EEO) Program
The Human Resources Department is responsible for the administration of
the EEO program and shall undertake the following actions to ensure equal
employment opportunities in the City:
A. Periodically review all position qualifications and descriptions to ensure
requirements are relevant to the tasks to be performed and make
recommendations as needed to delete requirements not reasonably
related to the tasks to be performed.
B. Ensure that pay and benefits depend upon position responsibility and,
along with overtime work, are administered on a non-discriminatory
basis.
C. Inform and provide guidance to staff and management personnel who
make hiring decisions so that all applications for selections, promotion
and termination, are considered without discrimination and all
applicants be given equal opportunity regardless of race, color, national
origin, sex, age, disability, sexual orientation and preference, gender
identity or expression, or status as a veteran in accordance with
applicable federal law.
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Apache Junction Personnel Rules 2023
D. Create a pool of qualified candidates to encourage diversity and ensure
equal employment opportunity in hiring. The following recruitment
practices will be followed under the EEO Program:
1. Positions selected for an external competitive recruitment process
will be open for a minimum of fourteen (14) calendar days.
2. Positions selected for an external competitive recruitment process
shall be advertised to the broadest audience available and
appropriate for the position to include web-based employment sites.
E. Make available the EEO policy to employees, contractors and
suppliers.
F. Include an EEO phrase on applications and job announcements in
accordance with Federal and State labor laws.
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, 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.
Police officers, Corporals, Sergeants, and Lieutenants, 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 may provide a written waiver of this requirement for Police
Officers, Corporals, Sergeants, and Lieutenants. Such waiver will be placed
in the employee's personnel file.
Use of City Vehicle
Key emergency personnel shall have the use of a City vehicle 24/7.
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No employee who resides outside the corporate limits of the City, except for
key emergency personnel or designated by the City Manager in writing, shall
have the use of a city vehicle for other than regular working hours. A copy of
such designation shall be placed in the employee's personnel file.
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, 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,
sexual preference or orientation, 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 policy of the City to expect, uphold, promote, and demand the highest
standards of conduct from all of its employees. Accordingly, all City
employees should maintain the utmost standards of personal integrity,
truthfulness, honesty, ethics, and fairness in carrying out their public duties.
Employees of the City shall uphold the Constitution, laws of the United States,
State of Arizona, and the City, and shall also be:
1. Honest and trustworthy in what they say, do, and write in all
professional relationships.
2. Dedicated to providing quality services by being cooperative and
constructive, and by making the best and most efficient use of available
resources.
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3. Fair and considerate in the treatment of citizens and fellow employees,
providing service with equality, and granting no special favors.
4. Committed to accomplishing all tasks in an efficient and cost-effective
way, and never performing in a way that will harm the image of the City.
5. Recognizing that public and political policy decisions are the
responsibility of the City Council, the people elected to represent the
citizens.
6. Dedicated to improving the lives of the citizens of the City.
Conflict-of-Interest
Employees should avoid any improprieties, real or perceived, in while
conducting City business, and never use their City position or powers for
personal gain.
It is unethical for any employee to use public influence or "inside"
confidential information for his/her personal advantage. City employees are
required to comply with conflict-of-interest laws under ARS Title 38. An
employee and/or supervisor shall contact the City Attorney for guidance if
there is any concern regarding a potential conflict-of-interest.
An 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.
Interest in Appointments
Employees should not canvass the Mayor or Councilmembers, directly or
indirectly, in order to obtain preferential consideration in connection with any
appointment to a City job.
Preferential Treatment to Individuals
Granting any special consideration, treatment, or advantage to any citizen
beyond that which is available to every other citizen is prohibited.
1. Disclosure of Confidential Information
The City maintains confidential materials of various kinds (i.e., financial
records, personnel data and administrative/legal opinions,) designated
as confidential by the City Manager or his/her designee.
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All employees are expected to assume responsibility for safeguarding
City records, equipment, property, and other materials. Access to certain
material is based upon job classification and a need-to-know basis.
Appropriate confidentiality will always be maintained.
2. Representing private interest before City agencies or courts
No person whose salary is paid in whole or in part by the City shall
appear on behalf of private interests before any agency related to City
activities. They shall not represent private, business, and/or financial
interests in any action or proceeding against the interest of the City in
any litigation to which the City is a party.
3. Interest in Contract with the City
No employee of the City shall have any interest in any contract made by
them in their official capacity.
Section 7. Professional and Personal Conduct
A relaxed and friendly atmosphere at work is encouraged as conducive to
productivity, teamwork, and morale. However, human dignity and personal
safety shall not be compromised.
1. Employee Behavior
All employees shall treat each other, their supervisors, subordinates, the
citizens and visitors with the utmost dignity and respect. The following
acts will not be tolerated:
A. Physically harming others.
B. Verbally abusing others.
C. Insubordination, inappropriate, threatening or offensive language.
D. Using intimidation tactics and making threats.
E. Sabotaging another's work.
F. Stalking others.
G. Making malicious, false and harmful statements about others.
H. Publicly disclosing another's private information.
I. Bullying
Harassment can take many forms and includes any behavior that has
the purpose or effect of bullying or of creating an intimidating, hostile or
offensive work environment or interferes with an individual's work
performance.
Harassing conduct includes but is not limited to: using derogatory
nicknames or slurs; negative stereotyping; behaving in a threatening or
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intimidating way; and verbal or physical conduct that degrades or shows
hostility or hatred toward an individual.
2. Appearance of Work Areas
Work areas are to be kept neat and presentable in the interest of safety
and efficiency, presenting a professional appearance at all times for co-
workers and visitors alike.
3. Use of City Vehicles and Equipment
City vehicles should be used only for City business and should not be
used for personal errands. Employees operating City vehicles and
equipment are required to comply with all state and local traffic laws.
Safety belts must be worn while riding in or driving a City vehicle. If
safety belts are inoperable or are not provided, employees should
immediately contact the fleet supervisor and report any safety
deficiencies. Use of cell phones, texting, or reading incoming messages
while operating a City vehicle is prohibited.
4. Care of Personal Belongings/City Supplied Items
The City does not assume responsibility for the loss of personal money
or belongings, nor is it covered by insurance for such loss. Therefore,
each employee needs to protect their personal belongings while at work.
The City may provide certain clothing, clothing allowances, equipment,
and other items for designated positions to aid an employee to perform
assigned duties. It is the responsibility of the employee to wear, use, and
maintain City-provided materials.
Section 8. 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.
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• 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 workday, 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 9. Gratuities/Solicitations
Employees should not accept external gifts, loans, gratuities, discounts,
favors, hospitality, services or other compensation under circumstances from
which it could reasonably be inferred that a major purpose of the donor is to
influence the employee in the performance of duties.
Examples of acceptable courtesies include a meal or social event when
representing the city; floral offerings or gifts of food to commemorate events
such as illness, death, birth, holidays, promotions; or a sample or promotional
gift of nominal value ($25 or less).
Section 10. Outside Employment and Volunteer Activities
Outside Employment
Outside employment shall not conflict with the position held in the City, this is
to include but is not limited to work performance, ethics, and scheduled hours.
1. Outside employment with an entity that conducts business with the City
or requires the employee to have frequent contact with entities that
regularly do business with the City without full disclosure and
satisfactory management of any potential conflict of interest.
2. Outside employment that cannot be accomplished outside of the
employee's normal working hours or is otherwise incompatible with the
performance of the employee's duties by placing the employee in a
position of conflict between the employee's role at the City and the
employee's role in the outside employment.
3. Performance of work for any governmental entity within the State of
Arizona without the written consent of both employers.
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4. Outside employment that exploits official position or confidential
information acquired in the performance of official duties for personal
gain.
5. Outside employment that the public may view as work on behalf of the
City.
An exception to restrictions on outside employment pertain to the Public
Safety Department. Outside employment of sworn police officers must
conform to Police Department Policies and Procedures.
Due to the importance of the public's perception of the governmental system,
the City requires that all employees who engage in outside employment
disclose such work to their Department Director, who will notify the Human
Resources Director if appropriate. Outside employment is subject to review
for conformance to these personnel rules. Employees engaged in outside
employment determined not to be in conformance may be required to cease
such employment.
Career status employees are to consider the City of Apache Junction as the
primary employer.
Volunteer Activities
Employees are encouraged to engage in volunteer activities. However,
employees should evaluate their volunteer activities in the same manner as
outside employment to identify any potential substantive or ethical conflict
with.the employee's position with the City.
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Rule 4. Recruitment and Selection
Section 1. Policy Statement
This section is to describe the process for recruiting to fill open positions. The
filling of all vacancies will be made with the objective of obtaining individuals
who are qualified and best suited to perform in the positions for which they
have applied.
Section 2. Application Forms
All applicants for positions must complete an electronic application through
the City's talent acquisition software found on the City's HR webpage.
Human Resources will provide reasonable accommodations and assistance
for applicants to complete their online application. Electronic applications
submitted by the person become the property of the City. Resumes may be
attached to an application but will not be accepted in lieu of a fully completed
application, except as pre-determined for a recruitment conducted by a third-
party.
Section 3. Recruitment and Selection Process
When a vacancy exists or is anticipated for an existing position, the
Department Director or hiring Supervisor shall submit a recruitment request to
the Human Resources Director. The request is initiated by completing a
requisition through the City's talent acquisition program.
Vacancies for regular and temporary, full- and part-time classified and
unclassified positions may be filled by an external competitive recruitment
process or an internal competitive recruitment process. The Human
Resources Department and the hiring department will work together to
develop recruitment and selection strategies for each vacant position. The
Human Resources Department is responsible for ensuring compliance with all
applicable laws and policies regarding recruitment, shall conduct all
recruitment processes and retain all recruitment records.
Positions selected for an external competitive recruitment process will be
open for a minimum of fourteen (14) calendar days.
Positions selected for an external competitive recruitment process shall be
advertised to the broadest audience available and appropriate for the
position.
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Any city employee may apply for positions posted as external recruitments.
Positions selected for internal competitive recruitment process will be opened
for a minimum of seven (7) calendar days.
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, drug and alcohol
pre-employment screenings, consumer background reports, 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.
Section 5. Screening of Applicants
The Human Resources Division shall refer all minimally qualified applications to
the appropriate Department Director or designee for review. Non-qualifying
and/or incomplete applications will remain in the talent acquisition program and
will not be considered in the recruitment process.
Minimum Qualifications
Applicants for appointment, promotion, or transfer to positions must
possess the minimum qualifications stated in the job announcement. The
determination as to whether a person meets the specified minimum
qualifications set for the position shall be made by Human Resources. A
review of the applicant's employment application, academic credentials,
work experience, certifications, skills, examination results if required, and
any other pertinent information shall be used in determining whether an
applicant possesses the minimum qualifications.
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Section 6. Offer of Employment
All offers of employment will be made exclusively by Human Resources,
except for those positions filled through appointment by the City Council such
as the City Manager, City Attorney and City Magistrate. Human Resources
will notify Department Directors, hiring Supervisors or designees as soon as
an offer has been accepted, pre-employment screenings have been
completed and a reporting date has been arranged.
Section 7. Eligible Lists
Qualified applicants who apply for a position but are not selected may be
placed on an eligibility list for the position they applied for and/or for another
related position within the City. The related position must be in the same or
lower pay range than the position for which the candidate applied. Example:
The Administrative Assistant eligibility list may be used to fill an Office
Support Specialist, but not vice versa.
Candidates placed on an eligibility list for a position may be eligible to be
interviewed for that position or a related position at a lower pay range, should
it become available, without having to reapply. The list will be kept on file in
Human Resources for six (6) months from the date the position closed.
Human Resources may extend the expiration of the eligibility list for an
additional six months upon a Department Director's request.
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 8. Hiring of Relatives
No active City Council Member, City Manager, City Attorney, City Magistrate,
or Department Director, shall appoint or be involved in the decision to hire any
immediate family member or relative, related within the third degree of affinity
(marriage) or consanquinity (blood), as defined in ARS § 38-481 and
Administrative Code R2-5A-305, to include a spouse, child, parent,
grandchild, grandparent, sister, brother, great grandchild, great grandparent,
aunt, uncle, nephew, niece or first cousin, to a position in the City of Apache
Junction.
Immediate family or employees who reside in the same household will be
allowed to work in the same department, and neither will be required to
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transfer or terminate employment, as long as neither is in a position that
requires supervising the other.
If a supervisory responsibility is involved, Rule 14. Fraternization Policy
applies, and the affected employees will determine which of them will transfer
or resign in order to ensure compliance with this policy. The City will assist in
exploring transfer opportunities to like or similar positions for either employee.
If no transfer opportunity exists after 90 days, one of the employees will be
required to resign employment with the City.
Should a supervisory employee marry a subordinate employee, both
employees shall report the marriage to the next higher up supervisor in the
chain of command and the Human Resources Director. Failure to do so is
grounds for discipline, up to and including termination.
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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
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1. Full-time
A position in which an employee is generally scheduled to work forty
(40) hours per week.
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2. Part-time
A position in which an employee is generally scheduled to work less
than forty (40) hours per week.
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3. Seasonal
A position in which an employee is employed to meet regular recurring
seasonal needs.
4. Temporary or Per Diem
A position in which an employee works as needed.
5. Contractual °
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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 Arizona Peace Officer
Standards and Training (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, to a position in his/her job family, 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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C. 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, 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. Employees are considered at-
will during this time period.
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 Human Resources Director be a
minimum of 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.
The transitional probation period of non-sworn
and non AZ POST certified employees to a title
requiring AZ POST certification shall be ten (10) months.
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. Shall 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. Rehire Appointment
The re-employment of a former employee.
D. Transfer Appointment
The appointment of a career status employee from one department to
another department and from a position to a position in the same class.
No employee shall be transferred to a position for which the employee
does not possess the minimum qualifications.
E. Demotion Appointment
The appointment of a career status employee from a position assigned a
lower salary group. The employee must meet the minimum qualifications
of the demoted position.
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. The
City Manager has the authority to reassign an employee within the
employee's classification across departments to address the needs of the
City.
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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
Employees who meet the criteria established by the FLSA as amended,
and relevant case law, are exempt from overtime pay. Notwithstanding
any other provision of these Personnel Rules or any other policy of the
City of Apache Junction, FLSA classified exempt 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 Family and Medical Leave
Act (FMLA) or the deduction is a penalty or disciplinary measure taken for
infractions of safety rules of major significance. In addition, the FLSA
allows deductions for one or more full days for infractions of workplace
conduct rules.
B. Nonexempt Employees
Nonexempt employees are FLSA covered employees who do not meet
the criteria to be classified exempt. 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 all of 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 employee.
B. Such change has been gradual, rather than resulting from assignments to
a specific employee in a short period of time.
C. Such changes in duties and responsibilities are of a permanent nature.
D. The department director or an employee may request a classification review
of the position. The request shall be submitted 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 civilian salary
Grade 42 and above and sworn salary Command Staff Grade 8and 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 civilian salary group 41 and
below and below sworn salary group Command Staff 7.
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Rule 7. Employee Records
Section 1. Policy
Unless otherwise required by law, personnel files shall be protected from
access by persons other than the City Manager, Human Resources
personnel, City Attorney, the employee's Department Director or Supervisor,
or others as the City may designate as appropriate under the circumstances,
and the employee. The City will respond to legally issued subpoenas, judicial
orders or public records requests in regard to personnel files, or as otherwise
required by law.
Employee records will be kept confidential except as required by state or
federal law.
Section 2. Accessibility
Employees may request in writing the opportunity to review their personnel
files. Files can be reviewed in Human Resources in the presence of a Human
Resources staff.
At the request of the employee, copies of materials included in their files shall
be furnished to the employee within a reasonable time frame.
A Department Director and/or immediate Supervisor will have access to the
personnel file of the employees in their chain of command, as appropriate and
when needed.
Human Resources personnel will have access to personnel files for the
purpose of carrying out necessary personnel transactions.
All inquiries for information on current or former employees made by parties
other than the employee,-Department Director, immediate Supervisor, or
hiring Supervisor will be handled in accordance with the Arizona state public
records laws.
Release of any information to an outside party must be requested via a Public
Records Request Form authorized by City Clerk or their designee; a written
authorization from a current or former employee; or, a legal summons (limited
exceptions may apply).
If necessary or required, the City may disclose information to the appropriate
party in a lawsuit, grievance, or other proceedings initiated on behalf of the
employee including without limitation, proceedings relating to workers'
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compensation, unemployment compensation, marital dissolutions or other
actions relating to benefits sought by the employee.
Section 3. Contents of Personnel File
Once material has been entered into an employee's personnel file it shall
remain with the contents of the file in accordance with the Arizona state
record retention laws.
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.
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.
Section 5. Verification of Employment
Only the following information will be provided to prospective employers and
other agencies seeking employment verification:
A. Dates of employment
B. Job title
C. Pay rate
In response to reference requests, public records requests and subpoenas,
the City will provide the same information only if requested.
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Apache Junction Personnel Rules 2023
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 forthree (3) or more consecutive working days without authorization.
This absence is automatically considered resignation by job abandonment.
Tardiness and/or absenteeism or pattern of absences and/ortardiness 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 Iessthansixmonthsin the service oftheCity.
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. It is the responsibility of
the employee to schedule his/hervacation time in compliance with
departmental workloads and needs and to obtain supervisor approval in
advance. It is the supervisor's duty to confirm the approval or denial of.an
employee's requested vacation leave within 14 (fourteen) calendar days.
All vacation leaves are to be taken at the convenience of the department and
shall be approved 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 vacation credits in excess of
320 hours at the first of any calendar year become void.
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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.
The City Manager may provide a hiring incentive of additional vacation hours
than referenced above and may allow such vacation time to be used
immediately.
Section 3. Sick Leave
A. Sick Leave for Career Status Employees
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.
1. Accrual
a) 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.
b) The employee must have completed thirty (30) days of employment
before sick leave credits are granted.
c) 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.
d) Employees eligible for sick leave may bank a maximum of 1,040
hours. Sick leave credit is neither earned nor granted when an
employee is at the maximum.
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2. Use of Sick Leave Credits
a) 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.
Sick leave may also 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 member.
b) When absence is required under sick leave, the employee or
his/her designee shall notify the employee's immediate Supervisor
of the reason prior to, or within two (2) hours, of the employee's
scheduled starting time. Notification must be made 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.
c) Upon approval by the department director, employees who have
exhausted their sick leave credits may substitute their accumulated
compensatory time credits first, if available, before vacation leave
credits during absence as set forth in this Section.
d) 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.
e) Sick leave credits shall not be granted in advance of accrual.
f) If the employee did not submit a Time-off request (TOR) prior to the
absence, the employee shall do so immediately upon his/her return
to work or upon request. A Supervisor may enter a TOR for sick
leave on behalf of an employee when an employee is'absent and
timecards are due to meet a payroll deadline.
g) The City Manager may as an employee incentive, provide additional
sick leave and new hires and may waive the limitations noted in
Section 3 (1) above.
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B. Sick Leave for Non-Career status Employees
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.
1. Accrual
a) The employee must have completed 30 days of employment before
sick leave credits are granted.
b) Employees shall accrue a minimum of one (1) hour of earned paid sick
time for every 30 hours worked, but employees shall not be entitled to
accrue or use more than 40 hours of earned paid sick time per year. A
year is the period July 1 to June 30.
c) An employee may use earned paid sick time as it is accrued.
2. Use of Sick Leave
a) 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.
b) Sick leave may also 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.
c) Sick leave must be requested by a TOR through the function of the
City's timekeeping system.
d) When absence is required under sick leave, the employee or his/her
designee shall notify the employee's immediate Supervisor of the
reason prior to, or within two (2) hours, of the employee's scheduled
starting time. Notification must be made 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
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specific division/units within their department or for individual
workloads.
e) Sick leave credits shall not be granted in advance of accrual.
f) If the employee did not submit a TOR prior to the absence, the
employee shall do so immediately upon his/her return to work or upon
request. A Supervisor may enter a TOR for sick leave on behalf of an
employee when an employee is absent and timecards are due to
meet a payroll deadline.
C. Supporting Documentation and Investigation of Sick Leave
The City may require submission of evidence from a licensed health-care
practitioner substantiating the need for paid sick leave used on three (3) or
more consecutive workdays. The City can require reasonable documentation
showing the earned paid sick time was used for purposes permitted.
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.
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, or when the department director has reason to believe the
employee should work, the department director may submit a written
request to the Human Resources Director, requesting the 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
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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.
E. Sick Leave Payout
The City offers a payout upon an employee death or if an employee resigns
in good standing. Reference Rule 19, Section 2.
The payout shall be as follows:
Hours between 0 — 320 @ 0%
Hours between 321 — 639 @ 50%
Hours between 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
shall review the request, and, if supported, submits it 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 up to three (3) months in a twelve (12)-month
period. The Human Resources Director may extend the leave after review of
the situation.
A leave of absence without pay may be granted for up to twelve (12) months,
if the absence is due to a workers' compensation covered event.
Benefits, Accruals, Holidays
a. An employee's health and dental benefits will be cancelled.
b. An employee may, at his/her option, continue health and dental
coverage through COBRA.
c. 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%
d. Credits do not accrue.
e. The employee is not entitled to compensation for city observed
holidays.
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 effective date of discharge will be
the first date of leave of absence without pay.
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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 for a total of
10 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, Human Resources 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 will be granted time off with pay to meet the requirement 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
from work and may use their vacation, compensatory time, floating holiday to
cover the absence.
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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.
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 an immediate family member, or biological, legally adopted or foster
sibling.
Employees are permitted up to three (3) days of bereavement leave due to
the death of an extended family member.
An employee may request to use any available paid leave balances for
additional time off as necessary. Any request to use paid leave balances will
be considered in accordance with the leave policies set forth.
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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 an observed
holiday falls on Friday or Saturday, the preceding Thursday 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 April 1st, the Human Resources Department shall
post a list of the next fiscal year's observed holidays and shall indicate which
holidays are eligible for holiday pay.
The City allocates ninety (90) holiday hours annually to full time employees,
and fifty-five (55) annually to part time employees (twenty (20) hours or more
per week); holiday hours in excess of those designated for paid City holidays
will be converted to Floating Holiday hours and will be deposited in the
employee's Floating Holiday bank. The City Manager may provide additional
holiday hours than referenced above with notification to City Council prior to
the observed holiday.
The holiday hours deposited into the Floating Holiday bank shall be approved
for use at such time that is mutually agreeable to the employee and the
employee's supervisor. Floating Holiday hours will not be available for use on
an unplanned or call-in basis. Floating Holiday hours not used by June 30th of
each year will be forfeited. In addition, all Floating Holiday 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
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employee is on leave without pay or in any other no pay status, he/she will
not be paid for the holiday.
Section 13. Birthday Leave
Birthday leave hours are granted on July 1 st of each year. Birthday Leave
must be used in total hours for an employee's full scheduled day.
Employees with normal hours of 32 or more per week are given hours
equivalent to one regularly scheduled workday to be used as Birthday Leave.
Part time employees with normal hours between 24 and 31 per week are.
given five (5) hours.
Prior to taking Birthday Leave, an employee shall obtain approval from his/her
supervisor. The leave may be taken at a time mutually agreed to between the
employee and the supervisor.
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.
Section 15. Family and Medical Leave Policy
A. Basic Leave
The Family Medical Leave Act (FMLA) provides eligible employees with
up to twelve (12) workweeks of job protected leave without pay in a twelve
(12)-month period and requires group health benefits to be maintained
during the leave as if the employee continued to work. FMLA designated
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time is not required to be a consecutive twelve (12) workweeks and can
be intermittent, if applicable.
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 to twelve (12) 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 twenty-six (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 twelve (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.
E. Definitions
For the purpose of designation of leave as family and medical leave the
following definitions apply:
2. 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.
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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.
3. 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.
4. 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.
F. Eligibility for FMLA
1. Who is eligible for leave designation under the FMLA: Eligible
employees are those who have been employed by the City for at least
twelve (12) months and have worked (including paid absences) for a
period of not less than 1250 hours during the preceding twelve (12)
months.
2. When FMLA may be Designated: Leave may be designated as Family
and Medical leave for the following reasons:
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a. The birth, adoption, or foster care placement of a son or daughter
if the leave is taken within twelve (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
twelve (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.
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
twenty-six (26) weeks (FMLA and Military Caregiver Leave). 29
CFR 825.127
G. Duration of FMLA
Eligible employees are allowed to be granted up to twelve (12) weeks of
leave for basic FMLA and Exigency Leave and up to a combined total of
twenty-six (26) weeks for leave under the military caregiver provision of
the FMLA in a twelve (12)-month period. The twelve (12)-month period is
computed as a rolling twelve (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
compensatory leave and then vacation leave.
2. All accrued compensatory leave and then vacation leave shall be used
before unpaid leave may be used.
3. Both non-exempt and exempt employees shall use earned accruals
while on FMLA leave, if available. Exempt employees shall be charged
in hourly increments for intermittent time off while on FMLA Leave.
4. The amount of unpaid leave available shall be the time remaining after
having deducted the eligible accrued paid leave time from the twelve
(12) weeks, or twenty-six (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.
5. 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 twelve (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.
J. 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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K. 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. Designation of Leave as Family and Medical Leave: It is the
responsibility of the City to designate leave, paid or unpaid, as
qualifying under the FMLA. The City may inquire further if the
employee does not provide sufficient information to enable the City to
designate the leave under the Act.
L. 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; and
b. The anticipated duration of the condition; and
c. The appropriate medical facts within the knowledge of the health
care provider regarding the condition; and
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 employee,
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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 if the designated leave is extended. 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.
M. Effect of an unpaid FMLA 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 FMLA 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).
N. Return from leave designated as FMLA
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 FMLA 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 a
reasonable accommodation.
5. When an employee returning from leave designated as FMLA 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 FMLA
designation. Misuse of this designation shall be cause for disciplinary
action up to and including termination.
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Rule 9. Overtime
Section 1. Policy
It is the City's policy to avoid the necessity for overtime work whenever
possible but understands overtime work may be necessary to handle
emergency situations and to meet seasonal or peak workload requirements of
a critical nature.
It shall be the responsibility and an important measure of job performance, for
supervisors, 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 workday, 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
The overtime provisions of this policy shall not apply to employees whose
positions have been determined to be exempt from the provisions of the
FLSA. All employees classified FLSA Exempt are excluded from payment of
overtime hours, on-call pay, call out pay assignment pay, or other special pay
in and above the base rate of pay.
FLSA exempt employees are expected to work the hours necessary to
satisfactorily perform their jobs. However, FLSA exempt employees may be
required to work a specified schedule set by their supervisor.
The City prohibits any deductions from FLSA exempt employees' pay that are
improper under the FLSA. Exempt employees shall not use partial day
increments of accrued leave credits unless on FMLA designated leave.
Non-covered employees include City Manager, City Magistrate, City Attorney,
Associate City Magistrate, Judicial Assistant, and independent contractors.
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
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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 which begins on Saturday at
12:01 A.M. and ends the following Friday at 12:00 Midnight.
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 workplace." 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 they 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 Periods
All employees that work in excess of six hours shall be offered a meal break
as ordered by the United States Department of Labor. The City requires all
career status non-exempt employees that work in excess of six hours during
a regular scheduled day to take at minimum a half-hour meal break.
Departments may require a one-hour meal break depending on department
needs and as needed to provide coverage. Employees are prohibited from
working through their meal break in order to reduce hours worked in the
workday. 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
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(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).
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 and/or
other contact 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.
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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.
Waitinq 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 include but are not limited to:
• 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 twenty (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 workday.
• Donning and doffing (putting on and taking off work uniforms and
equipment)
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
• Floating Holiday
• Birthday Leave
• Vacation Leave
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• 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.
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 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 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.
Non-exempt FLSA classified employees who change from one salary group
to another, either by promotion or demotion shall receive a payout of their
banked compensatory time. Payment will be at the employee's current rate of
pay prior to change.
Non-exempt FLSA classified employees who become exempt FLSA classified
employees shall receive payment for any compensatory banked time.
Payment will be at the rate of pay in the non-exempt status.
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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 Review
Section 1. Purpose
The performance review 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 review is intended to cover the City's Core
Values and overall performance during the review 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 Review Requirements Following End of
Probation
Every career status employee shall have his or her performance reviewed at
least once a year and, when a written report is prepared on this performance,
shall be retained by the department. Employees shall be allowed to submit a
written response to their performance review; the employee's written
response shall be attached to the report it addresses.
Department directors are encouraged to bring unsatisfactory performance to
the attention of the employee when the unsatisfactory performance occurs.
Section 4. Salary Increase
Employees, with the exception of temporary, seasonal, and employees in
their initial probationary period, are eligible for the city's annual salary
adjustment dependent upon budgetary approval by the City Council.
Employees who successfully complete their initial probationary period in July,
August, or September, will receive a salary adjustment the first full pay period
after the completion of their initial probationary period. Departments are
responsible to notify Human Resources of the completion of the probationary
period.
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Rule 11 . Drug-Free Workplace Policy
Section 1. Purpose
The City believes that substance abuse is a serious threat to the welfare of
employees, citizens, and the public. The City has established rules with respect
to the use, possession, or sale of drugs and alcohol. The expectation of the drug
and alcohol testing policy is to:
1) Ensure a healthy, safe and productive working environment for City
employees;
2) Continue to provide high-quality services to the public; and,
3) Ensure compliance with federal and state laws and regulations for a
uniform city-wide, drug-free workplace effort.
Section 2. Policy Statement
This policy will be construed in accordance with federal, state, and local laws,
including the ADA, the FMLA, and the Omnibus Transportation Employee
Testing Act (OTETA) of 1991.
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 allowable in police
department policies and procedures.
Reasonable suspicion/cause generally includes but is not limited to:
1. Observable phenomena, such as direct observation of drug or alcohol
use and/or the physical symptoms or manifestations of being under the
influence of a drug or alcohol;
2. Abnormal conduct, erratic behavior, absenteeism, tardiness;
3. Physical symptoms (i.e. glassy eyes, slurred speech, unsteady gait,
red eyes, running nose);
4. Smell of alcohol or marijuana;
5. Deterioration in work performance or physical appearance.
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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; if a City vehicle is involved, the vehicle must be in
operational mode and in motion;
9. Evidence of use, possession, sale, solicitation, manufacture, or
transfer of drugs or alcohol while working or while on employer
premises.
Section 3. Over-the-Counter or Prescribed Medications
Employees taking prescription or over-the-counter non-prescribed drugs or
medication which might interfere with the performance of his/her job duties,
shall report the usage of the drug or medication to his/her supervisor before
going on duty. Employees taking such drugs or medication are responsible for
knowing any side effects of the medication that might interfere with job
performance based upon the prescribing physician's advice or the warning on
the medication label.
Section 4. Types of Authorized Drug and Alcohol Testing
A. Post-Job Offer, Pre-employment Testing
All new job candidates, occupying a safety-sensitive position identified by
Human Resources and/or as per state and/or federal law, must undergo
testing for alcohol and controlled substances within thirty-six (36) hours of
the conditional offer of employment. The conditional offer of employment
will be withdrawn if the job candidate does not test within thirty-six (36)
hours of notification.
A job candidate who tests positive for alcohol, controlled substances, or
drugs may be disqualified from consideration for employment and may not
be eligible for employment with the city for a period of twelve (12) months
from the date of the initial positive drug/alcohol test result.
Pre-employment testing also pertains to current employees who transfer
or are promoted into a position that requires the possession of a CDL or is
a safety-sensitive position. Applications for any position will not be
considered from any current employee who refuses to test.
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Applicants will not be allowed to substitute testing done through their own
medical facilities and/or laboratories unless the applicant is an out-of-state
resident and the out-of-state laboratory has been approved by Human
Resources to perform the test.
B. Public Safety Department Employees and Transfer
Upon transfer to or from a narcotic or drug-related assignment, all public
safety department employees, 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 public safety 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/Cause Testing
If the City has reason to suspect that an employee is violating this policy
or when there is reasonable suspicion/cause 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 drug and/or alcohol testing.
The decision to require a test for reasonable suspicion will be based upon
objective observation, by one or more supervisors. If a supervisor has
reasonable suspicion to believe an employee is impaired while on duty or
while in control of any City-owned vehicle, he or she should immediately
ensure the safety of the employee and other employees by removing the
employee from the work site. The City may request assistance of a police
officer to assist in the determination. The Human Resources Director, or
designee, must be notified and provide approval prior to administering a
reasonable suspicion test.
Documentation shall be made as to specific observations made and then
the supervisor or designee will drive the employee to the testing site and
then home pending the test results. The employee will be placed on paid
administrative leave pending notification of the test results.
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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 a City vehicle in operational
mode and in motion results in an accident involving tow-away and/or
medical assistance.
2. Those whose use of City equipment or vehicle results in an accident in
which a person is fatally injured.
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. Self-Identification and Testing
Employees are encouraged to self-identify to his/her immediate
supervisor, through the chain-of-command or to Human Resources for
chemical dependency, alcohol abuse, or continued misuse of
medications before it affects safety or on-the job performance.
This is a one-time self-identification opportunity during the employee's
tenure with the City.
The self-identification opportunity must be voluntary. Discipline will not be
initiated because an employee self-identifies (self-identification must
occur prior to when an employee receives notification of the requirement
for a test).
Employees who self-identify will:
a) Be removed from any driving or safety-sensitive position until
released by a City-selected Substance Abuse Professional (SAP).
b) Agree to successfully participate in a City-approved Employee
Assistance Program (EAP) treatment rehabilitation program and
comply with the program conditions.
c) Sign a Last Chance Agreement. This Agreement is offered in lieu of
dismissal for violation of the City's substance abuse rule. This
Agreement outlines the additional condition of continued employment
with the City.
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d) Sign a "Consent to Release Information" document allowing the SAP
to communicate the employee's progress to the Human Resources
Director, or designee.
e) Agree that the employee will pay the cost of the SAP and for follow-
up testing. The City will allow follow-up testing on City time.
f) Agree to unscheduled alcohol and/or controlled substance tests, as
directed by the SAP or the City, for a minimum of six (6) tests in the
first twelve (12) months and not to exceed sixty (60) months from the
date the employee returns to work.
g) Complete a Fitness for Duty (FFD) test as a condition to return to
work or continued employment in conjunction with the completion of
an approved drug and/or alcohol treatment or counseling program.
Voluntary self-identification shall not relieve the employee from the
responsibility of adequate job performance, nor prevent a
recommendation for dismissal in the event that the employee tests
positive for any alcohol, illegal controlled substance, or non-prescribed
medication, after follow-up testing has begun. In addition, if, due to the
circumstances of the drugs, controlled substances and/or alcohol misuse,
the employee is not able to perform the functions of their position, the
employee will be recommended for dismissal.
F. Re-employment or Reinstatement to Workforce
Any individual who is re-hired, 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.
G. Follow-up Testing
If an employee is offered a rehabilitation option in lieu of discipline for a
positive test result in accordance with Section 7 of these rules; 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 5. Policy Violation
The following are grounds for discipline up to and including termination, even
for a first offense.
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 iob 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.
D. Failure to Participate: An employee will be considered a failure to
participate in the City's drug and alcohol testing policy for:
1. Failure to submit to drug or alcohol testing.
2. Failure to immediately report for drug or alcohol testing when requested
to do so.
3. Refusal to sign all appropriate consent forms.
4. Failure to enroll and complete drug or alcohol rehabilitation program in
lieu of discipline as set forth in Section 7.
5. Failure to report, within five (5) days of a criminal drug statute
conviction, for a violation occurring within the workplace
The appropriate level of discipline will be determined on a case-by-case basis
at the City's discretion and may include treatment or rehabilitation under
terms established by the City in consultation with a substance abuse
professional.
Section 6. 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.
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Section 7. Rehabilitation
Rehabilitation is the responsibility of the individual employee. An employee
with a drug or alcohol abuse problem is encouraged to use whatever
treatment or rehabilitative services are available under the employee's health
plan in effect at that time.
The City may, at its option, suspend all or part of a disciplinary action for
violation of this policy in return for the employee's enrollment and participation
in a drug or alcohol counseling or rehabilitation program for the purpose of
enabling the employee to permanently cease the prohibited conduct. The
program must be approved by the 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.
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.
Section 8. Searches
The City of Apache Junction reserves the right to search all areas and
property it 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 9. 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.
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Section 10. Employee Responsibilities
A. Pursuant to the Federal Druq-Free Workplace Act of 1988, the City
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.
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 11. 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.
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Supervisors must document, in writing, the facts constituting reasonable
suspicion/cause for drug and/or alcohol testing or for violation of this
policy. This documentation shall be submitted to Human Resources as
justification for the test.
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.
Section 12. Drug and Alcohol Testing Methodology
Every reasonable effort will be made to obtain the most accurate drug or
alcohol test results. The testing lab the City uses 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 to ensure that the testing is conducted in compliance with
state and applicable federal procedures.
The City is responsible for the cost of testing for random (as set forth in the
CDL section), reasonable suspicion, post-accident and or/injury, post-
triggering incident, post job offer/pre-employment, employee transfer from
non-safety to safety-sensitive position, and follow-up testing.
1. Drug Testing
Drug testing will be performed through urinalysis, blood or oral fluids.
Each drug test result will be analyzed in a Substance Abuse and Mental
Health Services Administration (SAMHSA) certified laboratory and will be
reviewed by a certified Medical Review Officer (MRO) prior to being
reported to the City. Professionally accepted chain of custody procedures
will govern the administration of all drug tests, subject to the oversight of a
certified MRO.
All test results will be reported to the Human Resources Director or
designee.
2. Alcohol Testing
Referrals for alcohol use include a breath or blood alcohol (ethanol) test.
The City's designee will conduct a screening test for alcohol use by using
either an evidentiary breath-testing device (EBT) or a non-evidential
screening device approved by the National Highway Traffic Safety
Administration. Results will be reported to City's Human Resources.
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Failure to provide adequate breath for alcohol testing without a valid
medical explanation will constitute a refusal to submit to alcohol or
controlled substances test.
Section 13. Test Results
All drug, controlled substance and alcohol screening results shall be the
private and confidential property of the City and will not be shared with
anyone except:
a. The candidate or employee.
b. Supervisory staff with a demonstrated need to know such information.
c. As required by law, expressly authorized by the United States
Department of Transportation (USDOT) rules.
d. To legally protect the City.
Human Resources will notify an employee of the results of random,
reasonable suspicion, and post-accident test results verified as positive for
alcohol, drug, or controlled substances, and identify for the employee the
drug, controlled substance or alcohol that was detected and verified.
Section 14. Commercial Driver's License Holders
All employees required, as a condition of their city employment, to have a
valid CDL shall comply with the USDOT rules for drug and alcohol testing of
drivers with CDLs. The City uses a third-party vendor to randomly select a
number of drivers each calendar year for drug and alcohol testing at an
annual percentage rate determined by the Federal Motor Carriers Safety
Association (FMCSA). The random selection system provides an equal
chance for each driver to be selected each time random selection occurs.
Random testing will be unannounced, will be performed at the time the driver
reports to work, during the workday, or at the end of the workday, and will be
reasonably spread throughout the year.
All employees required to hold a CDL as part of their job with the City must
always be immediately available to perform any safety sensitive function and
must comply with these rules at all times while on duty. If the employee
engages in conduct that does not lead to a collection as soon as possible
after notification, such conduct may be considered a refusal to test in which
appropriate disciplinary action will be taken up to and including termination.
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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 (including gender identity, sexual orientation and preference, or
pregnancy), national origin, religion, age, color, disability, genetic information;
or sexual harassment, and status of a veteran.
A. Discrimination
Unfair treatment because of race, color, religion, gender (including gender
identity, sexual orientation and preference, or pregnancy), national origin,
age (40 or older), disability or genetic information, and status as a veteran.
Harassment by managers, co-workers, or others in the workplace,
because of race, color, religion, gender (including gender identity, sexual
orientation and preference, or pregnancy), national origin, age (40 or
older), disability or genetic information, and status as a veteran.
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:
1. Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual's employment, or
2. Submission to or rejection of the conduct by an individual is used as a
basis for employment decisions affecting such individual, or
3. 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, all employees shall be
notified of the existence of these rules.
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 these rules, 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 these rules and for assuring that no reprisals are
taken against complainants, witnesses, or perpetrators.
The Human Resources Department is responsible for monitoring the
application of these rules, providing advice, and responding to any
questions, which may arise from these rules.
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;
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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.
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.
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Section 4. Discipline
Violations of these rules may be cause for the full range of disciplinary action,
up to and including termination. 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.. Career
status 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).
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 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 Workplace
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'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.
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 between employees in positions
where one is in a supervisory chain of the other, either directly or indirectly, it
is the responsibility of both parties to, either separately or together, bring the
fact of the relationship to the attention of their supervisor and/or department
director AND 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. However, if
within three (3) months, one (1) of the employees has not transferred or been
appointed to a vacant position for which he/she meets the minimum
qualifications of the position, the city will separate the least senior employee
from employment.
The position transferred or appointed to must be outside the direct or indirect
supervisory chain of employees involved and cannot result in a promotion.
Seniority is determined by time in current title calculated from most recent
appointment to the title.
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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.
5. While on City time, employees may not wear City Council campaign
buttons or distribute campaign literature at work or in a City uniform or
in City offices, vehicles, or buildings.
6. No employee shall use any political endorsement in connection with any
appointment to a position in City.service.
7. No employee shall use or promise to use any official authority or
influence for the purpose of influencing the vote or political action of any
person for any consideration.
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B. Permissible Activities
1. City employees may place City Council campaign signs in their yards
and on the premises of their homes.
2. City employees may place City Council campaign bumper stickers on
personal vehicles.
3. City employees may, on their 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.
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
Disciplinary actions may include informal and formal counseling (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 shall consult with the Human
Resources department regarding the discipline to be imposed.
The department director may delegate the authority to impose informal and
formal counseling 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 records
2. Insubordination
3. Lying to supervisors or falsifying records with respect to official duties.
4. Absenteeism
5. Tardiness
6. Conviction of a crime, which impacts the employee's ability to perform the
duties and responsibilities of the job.
7. Inefficiency, incompetence, or negligence in the performance of assigned
duties.
8. Prohibited political activities.
9. Discrimination on the part of an employee against any employee on the
basis of race, color, gender, sexual orientation and preference, age,
physical disability, place of national origin, political or religious affiliation,
or veteran status.
10.Retaliation against a person who has made a complaint or given
information regarding possible violations of this policy.
11.Any action, on or off the job, tending to bring discredit to the City service.
12.Refusal or failure to comply with the orders of an authorized supervisor or
refusing or failing to do assigned work.
13.Theft, destruction, or neglect in the use of City property while the
employee is on or off duty, or of property or materials of any other person
while the employee is on duty.
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.Divulging confidential information from privileged official records to
unauthorized persons.
16.Failure to observe departmental regulations.
17.Unauthorized absence from duty.
18.Abuse of sick leave, including use under false pretenses.
19.Failure to maintain satisfactory working relationships with other employees
or the public.
20.Failure to observe safety regulations, including failure to report an
accident or injury occurring on the job in a timely manner.
21.Discourteous, rude or threatening conduct or offensive and abusive
language toward the public or other employees.
22.Unauthorized performance of work by nonexempt employee outside of
established work schedules.
23.Unauthorized operation or use of any vehicles, machines, or equipment of
the City.
24.Carelessness in the performance of duties.
25.Intentionally or maliciously supplying false information or making false
claims with intent to improperly affect official decisions or bring discredit to
other employees.
26.Removal of City equipment, material, supplies, etc., without the approval
of the department director or City Manager.
27.Use of clothing provided by the City for other than official City duties.
28.Engaging in any sexual activity while on duty.
29.Sleeping on the job without authorization.
30.Violation of any section of the Personnel Rules, or any department policy,
procedure, rule or regulation.
Section 3. Written Reprimands
A pre-disciplinary meeting is not required when issuing a written reprimand to
the employee.
Written reprimands shall:
1. 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
2. Indicate a copy is to be sent to the Human Resources Department
3. 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:
Informal counseling (verbal warnings);
Formal counseling (written warnings); 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, general
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;
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 purpose of the meeting, which is:
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 present his/her account of the alleged
events 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 an
adequate opportunity to prepare a reply. Two (2) full business days is
considered reasonable and under no circumstances shall the pre-disciplinary
meeting be less than two (2) full business days from the time the employee
receives the meeting notice.
Initial notice of pre-disciplinary meeting may be delivered via email if email
address is confirmed, or personal delivery, and if neither is possible notice
may be sent by United States Postal Service addressed to the last address of
record for the employee, and with the first-class postage affixed. If service of
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notice is by mail, 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 shall 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 detailed as
founded/unfounded or sustained/not sustained counts. These charges
shall be those listed in the initial notice of disciplinary action, except for
counts that may have been added or deleted as a result of the pre-
disciplinary meeting. Substantial amendment or additional counts may be
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made only by repeating the procedure detailed in Section 4, Pre-
disciplinary Meeting.
c) A reference to the opportunity afforded the employee to tell his or her side
of the story in accordance with Section 4, Pre-disciplinary meeting.
d) An indication that the material presented has been considered by the 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, with a
copy attached with the notice.
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.
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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.
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 City Appeal to
Manager (CM) Hearing
Officer
Verbal Warning
Informal and Formal Counseling
Written Reprimand X
Overall unsatisfactory Performance rating X
Suspension: X
4 days or less
Misinterpretation or misapplication of the X X X
Personnel Rules or administrative (if grievance does not (if appeal to
procedures resolve the complaint) CM does not
resolve the
complaint)
Adverse action to the employee, based X X X
on unlawful discrimination because of (if grievance does not (if appeal to
race, color, creed, national origin, sex, resolve the complaint) CM does not
age, political affiliation, or disability and resolve the
complaint
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other than suspension, demotion, or
dismissal
Suspension of more than four(4) days, X X X
demotion, or dismissal on any grounds, (if grievance does not (if appeal to
including alleged unlawful discrimination resolve the complaint) CM does not
resolve the
complaint)
Disposition of a sexual harassment X X
complaint did not result in stopping the (if appeal to
prohibited behavior CM does not
resolve the
complaint)
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 informal or formal counseling
(verbal or written warnings)
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 remain with the grievance at
all steps in the process. At no time in the process should additional material
be added to the grievance.
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: Filing 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.
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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.
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 administratively 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.
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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.
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 Human Resources Director.
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 contemplated.
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, as amended, 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
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behalf the subpoena is issued of the reasonable cost of producing the books,
papers, documents, or tangible items.
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 electronic audio or videotape. The original 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; and
• to call and examine witnesses; and
• to introduce evidence; and
• to cross-examine opposing witnesses on any matter relevant to the
issues; and
• 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.
This hearing is not open to the public.
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 "de novo".
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 in writing to the Human
Resources Director, the City's counsel, and the employee and his or her
counsel, 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 administratively appealable to any
office or body of the City or to any other forum, 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.
- 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 affect a
promotion.
The most recent classification plan accepted by the City Council and/or
modified by the City Manager shall be used as a guide. Human Resources
determines the classification series within the classification plan.
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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 employee's 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
To be considered "resignation in good standing" an employee shall submit a
written resignation to their Department Director with a copy to Human
Resources Director, at least two (2) weeks before leaving service. The
resignation shall 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 noted above may result in disqualification for 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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