HomeMy WebLinkAboutORD966ORDINANCE NO.966
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,ADOPTING THE "PERSONNEL RULES"BY REFERENCE;REPEALING ANY CONFLICTING
PROVISIONS;AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA:
SECTION I IN GENERAL
That certain document formerly known as "Personnel Policies,"and now entitled
"Personnel Rules,"three copies of which are on file in the office of the City
Clerk of the City of Apache Junction, Arizona, which documents were made a public
record by Resolution No.96-34 of the City of Apache Junction,Arizona,are
hereby referred to,adopted,and made a part hereof as if fully set out in this
ordinance.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of this
ordinance,or any part of the code adopted hereby by reference are hereby
repealed.
SECTION III PROVIDING FOR SEVERABILITY
I f any section,subsection,sentence,clause,phrase,or portion of this
ordinance or any part of the documents adopted herein by reference is for any
reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction,such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS 5 TH DAY OF NOVEMBER,1996.
SIGNED AND ATTESTED TO THIS 5TH DAY OF NOVEMBER
DOUGLAS
Mayor
ORDINANCE NO.966
PAGE 1 OF 2
LEMAN
,1996.
ATTEST:
KATHLEEN CONNELLY
City Cler
APPROVED/AS TO FO
GLENVGIMBUT .
C1Y Attorney
ORDINANCE NO.966
PAGE 2 OF 2
CITY OF APACHE JUNCTION
PERSONNEL RULES
Adopted by Ordinance No. 966
effective December 5, 1996
TABLE OF CONTENTS
Division Topic
Preface
RULE 1 General Purpose, Policy and Objectives
RULE 2 Definition of Terms
RULE 3 General Provisions
RULE 4 Recruitment and Selection
RULE 5 Appointments, Status and Probation
RULE 6 Classification
RULE 7 Employee Records
RULE 8 Attendance and Leaves
RULE 9 Overtime
RULE 10 Performance Evaluation
RULE 11 Drug -free Workplace Policy
RULE 12 Policy Against Harassment
RULE 13 Policy Against Violence in the Workplace
RULE 14 Fraternization Policy
RULE 15 Political Activities
RULE 16 Discipline
RULE 17 Grievance and Appeal Procedures
RULE 18 Rules for Hearings before a Hearing Officer
RULE 19 Separation Other Than Dismissal
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PREFACE
The contents herein address present City of Apache Junction personnel rules.The
rules may be changed from time to time as necessitated by changes in federal or state
law or by ordinance of the City Council.
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RULE 1.GENERAL PURPOSE, POLICY AND OBJECTIVES
SECTION 1.Purpose.To establish City of Apache Junction Personnel Rules and to
establish a personnel system that is based on merit principles.
SECTION 2.Policy.These rules are enacted to further the following goals:
A.To provide a uniform system of personnel administration throughout the
City service;
B.To promote communication among Department Directors, supervisory
staff and employees;
C.To ensure,protect and clarify the rights and responsibilities of City
employees.
SECTION 3.Objectives.These rules are enacted to insure the following:
A.That recruitment and selection for classified service positions be
competitive with final appointment predicated on job -related ability and
qualifications;
B.That classifications reflect the responsibility and difficulty of the work
and a competitive position with respect to the labor market;
C.That involuntary separation of career status employees be for cause;
D.That no unlawful discrimination be practiced.
SECTION 4.Applicability, Enforcement and Interpretation of Personnel Rules.These
policies shall apply to all City of Apache Junction employees excluding elected
officials.The Personnel Officer is responsible for the interpretation and enforcement
of these personnel rules.
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RULE 2.DEFINITION OF TERMS
The following terms, whenever used in these rules, shall be defined as follows:
SECTION 1."Allocation":The assignment of a position to its proper class in
accordance with the duties performed and the authority and responsibilities exercised.
SECTION 2."Anniversary Date":Annual reoccurrence of the date on which an
employee was hired.
SECTION 3."Appointment":The offer to a person,and the acceptance by that
person of a position.
SECTION 4."Class":A position or group of positions sufficiently similar in duties and
responsibilities that the same requirements for education,experience,knowledge,
ability and other qualifications may be demanded of the occupants so that the same
compensation schedule can be applied with equity.
SECTION 5."Class Specification":A written statement of the characteristic duties,
responsibilities and qualification requirements that distinguish a given class from other
classes.
SECTION 6."Classification Date":Annual reoccurrence of the date on which an
employee was appointed to a position.
SECTION 7."Classification Plan":The orderly arrangement of positions under
separate and distinct classes on the basis of current duties.
SECTION 8."Classified Service":All positions in the City service except for those
positions in the non -classified service.
SECTION 9."Compensatory Time":The hours absent from duty granted to
compensate for authorized overtime worked.
SECTION 10."Creditable Time":That period of service during which sick leave and
vacation time accrue.
SECTION 11."Demotion Appointment":The movement of an employee from a
position in one class to a position in another class having a lower maximum rate of
pay.
SECTION 12."Department Director":Those officers or employees who are appointed
and/or employed as the principal employee of a department for the discharge of duties
provided by law or of a particular delegated function as indicated on the officially
adopted organizational chart.
SECTION 13."Dismissal":The separation of an employee for cause.
SECTION 14."Employment Appointment":The initial appointment of a person
outside the classified service to a position in the classified service.
SECTION 15."Employee":A person who is paid a wage, salary or stipend from
public monies in accordance with official entries on the City payroll except for City
Council members.
SECTION 16."Employment List":A list of names of persons who have applied for
employment in the classified service and have qualified for consideration by
demonstrating their fitness for such employment.
SECTION 17."Lay-off":The separation of an employee which occurs when a
position in the classified service has been abolished.
SECTION 18."Non -classified Service":Positions in the City service which have been
designated as non -classified because of the nature of appointment and/or
responsibilities.The City Manager,City Attorney,Presiding Magistrate and City
Council positions are non -classified service positions.Seasonal,intermittent and
contractual positions are also non -classified service positions.
SECTION 19."Overtime Work":Those hours in excess of the established number of
hours for the established work period.
SECTION 20."Performance Report":The periodic evaluation of an employee's work.
SECTION 21."Personnel Officer":The Assistant City Manager shall be the Personnel
Officer unless otherwise designated by the City Manager.The Personnel Officer shall
administer all the provisions of the Personnel Policies not specifically reserved to the
City Council, the City Manager, or the Hearing Officer.The Personnel Officer shall be
responsible for the administration of the merit system.This includes but is not limited
to interpreting personnel rules and regulations, possessing authority to review hiring,
firing, transferring, promoting, demoting, suspending, and reinstating employees, and
maintaining employee records.
SECTION 22."Personnel Ordinance":An ordinance which creates a personnel system
for the City of Apache Junction, Arizona.
Rule 2 (Def. of Terms) - Page 2
SECTION 23."Position":An aggregation of tasks and responsibilities requiring the
services of one person.
SECTION 24."Probationary Period":A specific period of time following an initial,
promotional, re-employment, transfer or demotion appointment which is a work -test
period for the employee and during which the employee is on a trial basis.
SECTION 25."Promotion Appointment":The appointment of an employee from a
position in one class to a position in another class having a higher rate of pay.
SECTION 26."Reallocation":The process of assigning a filled position to its proper
class on the basis of the duties performed and the responsibilities exercised.
SECTION 27."Reclassification":The process of allocating positions to a more
appropriate class whether new or already created in the classification plan as a result
of material changes in the duties of the position.
SECTION 28."Reemployment Appointment":The reemployment of a former
employee during the twelve (12)months immediately following the employee's
separation from the classified service.
SECTION 29."Reinstatement Appointment":The appointment of a person who had
been laid off and which is made as a result of his/her former position being reinstated
in the classified service.
SECTION 30 "Separation":The termination of employment by reason of probation,
lay-off, resignation, retirement, dismissal or death.
SECTION 31."Sick Leave":Time off with pay granted by the City to career status
and probationary employees in the event of illness or physical incapacity caused by
factors over which the employee has no reasonable, immediate control, or the illness
of a member of the immediate family of such employee which illness requires his
personal care or attention.
SECTION 32."Suspension":The temporary separation from employment of an
employee with or without pay for disciplinary purposes.
SECTION 33."Transfer Appointment":The movement of an employee from a
position in one class to another position in the same class or comparable class.
Rule 2 (Def. of Terms) - Page 3
SECTION 34."Unpaid Absence":An absence other than one resulting from the use
of accrued vacation or sick leave,holidays,paid emergency absences,or other
authorized paid leaves of absence.
SECTION 35."Vacation":Time off with pay granted to the employees at the
convenience of the City in recognition of service and of the employee's need for an
annual period of rest and recreation.
SECTION 36."Written Reprimand":Written notices issued as a formal reprimand to
an employee.
SECTION 37."Written Notice":A notice in writing delivered in person or by
registered, return -receipt mail.
SECTION 38."Work Period":A fixed and regularly recurring period upon which
overtime compensation may be calculated.
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Rule 2 (Def. of Terms) - Page 4
RULE 3.GENERAL PROVISIONS
SECTION 1.Equal Employment Opportunity.The City of Apache Junction provides
equal employment opportunities to all employees and applicants for employment
without regard to race,color,religion,sex,national origin,age or disability in
accordance with applicable federal laws.In addition, the City of Apache Junction
complies with applicable state and local laws governing nondiscrimination in
employment.
SECTION 2.Loyalty Oaths.All employees are required to sign a loyalty oath (Oath
of Office) upon employment with the City as required by §38-231 of the Arizona
Revised Statutes.
SECTION 3.Residency Requirement.All employees are encouraged to reside within
the corporate limits of the City of Apache Junction.With the exception of key
emergency personnel, certified police officers shall be required to live within a 25-
minute response time to the police department.Key emergency personnel shall be
required to live within a 15 -minute response time to their work location.No employee,
other than key emergency personnel, who resides outside the corporate limits of the
City, shall have the use of a city vehicle for other than regular working hours.The City
Manager, Director of Public Safety, Police Division commanders, Public Works Director
and other persons the City Manager may specify are designated to be key emergency
personnel and shall have the use of a City vehicle regardless of residency provided they
reside within a 15 -minute response time to their workplaces.
SECTION 4.Compliance with the Immigration Reform and Control Act of 1986.After
November 6, 1986, all applicants, prior to being hired by the City of Apache Junction,
shall be required to provide verification that the applicant is either a United States
citizen or an immigrant authorized to work in the United States.Acceptable
documentary evidence that an applicant is not an unauthorized alien include any one
of the following:
a U.S. passport;
certification of United States citizenship, naturalization certificate;
unexpired foreign passport that allows the individual to work in the
United States;
a resident alien card with a photograph of the individual or other
personal identifying information that would satisfy the Attorney
General;
Social Security card or birth certificate along with a driver's license
or state -issued ID card containing a photograph.
Once hired, both the applicant and the City shall sign a government form verifying that
the individual properly established U.S.citizenship or authorization to work in the
country.The City shall retain the verification form for at least three years after the
applicant is hired or one year after the date of termination.
SECTION 5.Affirmative Action.For the purposes of the City of Apache Junction, an
affirmative action program means using a personnel system designed for inclusion of
otherwise qualified workers in personnel actions, regardless of race, religion, age, sex,
physical handicap, color, national origin, or political or religious opinion or affiliation.
The City will utilize both external and internal dissemination of EEO policies and job
opportunities, targeted recruitment if necessary, non -preferential training programs and
internal reviews and evaluation of operations.
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Rule 3 (Gen. Provisions) - Page 2
Rule 3 (Gen. Provisions) - Page 3
RULE 4.RECRUITMENT AND SELECTION
SECTION 1.Policy Statement.It is the policy of the City of Apache Junction to give
first consideration,wherever practicable,for vacant positions to career status
employees who possess the minimum qualifications for the vacant position.Selections
will be based upon fitness for the position.
SECTION 2.Application Forms.All applicants for classified service positions must
complete an application form prescribed by the City of Apache Junction.Applications
must be signed by the person submitting the application and become the property of
the City of Apache Junction.
SECTION 3.Recruitment and Selection Techniques.The City of Apache Junction
may recruit applicants for a vacant position from outside the classified service and
from within the classified service simultaneously if it is in the best interests of the City
to do so.Any employee with career status and who possesses the minimum
qualifications for the position may apply for a promotion to a vacant position.
Probationary employees may apply for a promotion to a vacant position with the
approval of their department director.
Selection techniques may consist of, but are not limited to, oral interviews, written
tests, performance tests, application evaluations, assessment centers, physical ability
tests or any other appropriate measure of fitness.
SECTION 4.Examination Results.Each candidate in an examination shall be given
notice of examination results.Candidates may inspect their own examination papers.
SECTION 5.Appointment Lists.Appointment lists shall remain in effect for six (6)
months, unless sooner exhausted, and may be extended prior to expiration dates by
action of the Personnel Officer for additional periods.In no event shall an appointment
list remain in effect for more than one year.
The name of any person appearing on an appointment list shall be removed by the
Personnel Officer if the person whose name is on the list makes written request to
have it removed or if the eligible person fails to respond to a notice of eligibility mailed
to the last known address of record.
SECTION 6.Hiring of Relatives.The City shall not permit employees related by blood
or marriage to the degree as follows:parent,child,grandparents,grandchildren,
brothers,sisters (of the one-half as well as the whole),uncles,aunts,nieces,
nephews, or mother-in-law, father-in-law, son-in-law, daughter-in-law or their spouses
to work within the same department.This rule shall also apply to step and adoptive
relationships to the same degree of consanguinity.
Non -classified employees may work within the same department so long as none of
the relationships as defined above are anywhere in the employee's supervisory chain
of command.
If one or more of the relationships outlined above are created by City employees
working within the same department, then one or more of the employees must be
transferred.If there is no immediate vacant position to which to transfer, then the
transfer will be accomplished at the earliest practical date.If two people working
within the same department marry, they shall be transferred or relocated within the
City as soon as practical so as to insure that they do not work within the same
department.All family relationships existing within the same department prior to
December 1986 shall be grandfathered.
No family member, as defined above, of a City Council member or the City Manager,
shall be employed by the City of Apache Junction during that individual's tenure.
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Rule 4 (Recruit. & Sel.) - Page 2
RULE 5.APPOINTMENTS, STATUS AND PROBATION
SECTION 1.Types of Positions.All positions in the City service shall be identified by
the following two (2) characteristics:A) Duration; and B) Position characteristics.
A.Duration:The duration of each position in the City service shall be
determined by one of the following definitions:
1.Unlimited position:A position which has no specified ending date.
2.Limited position:A position which has a specified ending date.
Examples are positions created to replace an employee on
extended leave without pay or positions created to meet a
seasonal need.
B.Position characteristics:Each position in the City service shall be
identified by one of the following categories:
1.Full-time:A full-time position is one in which an employee is
generally scheduled to work forty (40) hours per week.
2.Part-time:A part-time position is one in which an employee is
generally scheduled to work less than forty (40) hours per week.
3.Seasonal:A seasonal position is one in which an employee is
employed to meet regular recurring seasonal needs.
4.Intermittent:An intermittent position is one in which an employee
works as needed and which requires a large degree of flexibility in
the number of hours worked either on a daily, weekly, monthly or
annual basis.
5.Contractual:A contractual position is one in which an employee
receives compensation and other benefits as provided for in
individual contracts negotiated between the employee and the
City.
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 probationary:Every person when first appointed or re-employed to
a full-time or part-time City service position shall hold initial probationary
status for the probationary period required for the position.
B.Career:Employees attain career status through successful completion of
the probationary period as evidenced by an end of probation notification.
An employee promoted while on initial probation shall attain career status
in the former position upon satisfactory completion of the number of
months required in that former position.In order to achieve career status
in the position to which promoted,the employee shall serve the
remaining probationary period required for that position in transitional
probationary status.
C.Transitional probationary:Every career status employee who is
promoted,transferred or voluntarily demoted shall hold transitional
probationary status for the full probationary period of the new position
where a probationary period is required.
D.Non -career:Employees in the City service who are appointed to limited,
intermittent, seasonal or contractual positions shall hold non -career status
for the duration of the appointment and shall not serve a probationary
period.Non -career status employees include the City Manager,City
Attorney, and Presiding Magistrate.
SECTION 4:Probation.Probationary periods shall be regarded as integral parts of the
testing process and shall be utilized for closely observing 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:
Rule 5 (Appts., Stat. & Probat.) - Page 2
A.Separation during initial probation:An employee in initial probationary
status may be separated at any time without cause and without right of
appeal.The Department Director is responsible for notifying the
probationer and the Personnel Officer of separation, probation extension
or attainment of career status no later than the completion date of
probation.
B.Separation during transitional probation:An employee in transitional
probationary status may be separated if the employee does not perform
satisfactorily during the transitional probationary period.An employee in
transitional probationary status has no right to return to his/her former
position.
The Department Director is responsible for notifying the probationer and
the Personnel Officer of successful or unsuccessful completion of
probation no later than the completion date of probation.
SECTION 5:Duration of Probation.The minimum period of probation shall be six (6)
months actual service except for certified law enforcement officers who shall have a
minimum probationary period of one year.At the request of a Department Director,
the Personnel Officer may approve the extension of a probationary period up to six (6)
months' actual service if the Personnel Officer considers the best interests of the City
to be served by this extension.
Probationary periods are required for transfers, promotions and voluntary demotions
unless waived by the Department Director and Personnel Officer.
For purposes of this section, time shall be measured in calendar days, irrespective of
whether the position has a full-time or part-time work schedule.
SECTION 6:Effect of Status on Employee Rights and Privileges.
A.Employees in Initial Probationary Status:An employee in initial
probationary status:
1.May be separated or demoted at any time for any reason without
cause except for unlawful discrimination as defined in Rule 17,
GRIEVANCE AND APPEAL PROCEDURES;
2.May not grieve or appeal any decision relating to his or her
employment,including dismissal,except for alleged unlawful
Rule 5 (Appts., Stat. & Probat.) - Page 3
discrimination as provided in Rule 17,GRIEVANCE AND APPEAL
PROCEDURES..
B.Employees in Career Status:An employee in career status:
1.May be disciplined or dismissed only for cause;
2.May file a grievance or appeal for the reasons specified in Rule 17,
GRIEVANCE AND APPEAL PROCEDURES.
3.May receive reinstatement appointments without serving a new
probationary period.
C.Employees in Transitional Probationary Status:An employee in
transitional probationary status and who has completed an initial
probationary period has the rights and privileges of an employee in career
status.
D.Employees in Non -career Status:An employee in non -career status:
1.May be separated at any time;
2.May not grieve or appeal any employment decision or action under
these rules except on grounds of unlawful discrimination as
defined in Rule 17,GRIEVANCE AND APPEAL PROCEDURES.
SECTION 7:Types of Appointments.
A.Employment Appointment:The initial appointment of a person outside
the City service to a position in the City service.
B.Promotion Appointment:The appointment of an employee from a
position in one class to a position in another class having a higher rate of
pay.
C.Reinstatement Appointment:The appointment of a person who had been
laid off from a classified service position and which is made as a result
of his or her former position being reinstated in the City service.
Reinstatement appointments will be made in accordance with Rule 19,
Section D, governing layoffs.
Rule 5 (Appts., Stat. & Probat.) - Page 4
D.Re-employment Appointment:The re-employment of a former employee
during the twelve (12) months immediately following the employee's
separation from the City service.
With the approval of the Personnel Officer and the Department Director
concerned, a former career status employee who left employment in good
standing may be re-employed without competitive examination within
twelve (12)months of the effective date of resignation to a vacant
position in the same or comparable class.Upon re-employment, the
employee for all purposes shall be considered as though he or she had
received an employment appointment and is subject to a probationary
period.
E.Transfer Appointment:The movement of an employee from a position
in one class to another position in the same class or comparable class.
No employee shall be transferred to a position for which the employee
does not possess the minimum qualifications.If the transfer involves a
change from one department to another, both Department Directors must
consent thereto.
F.Demotion Appointment:The movement of an employee from a position
in one class to a position in another class having a lower maximum rate
of pay.
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 position of less difficulty
or responsibility provided that the employee meets the minimum
qualifications for the position and that 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 in the same
department except that a reassignment shall not affect the status of the employee
involved.
Rule 5 (Appts., Stat. & Probat.) - Page 5
SECTION 9:Exempt and Nonexempt Personnel.At the time an individual begins
employment with the City he/she shall be assigned either an exempt or nonexempt
status.This status will be determined by the actual duties, responsibilities, and the
level of authority exercised by the position being filled.Unpaid trainees, independent
contractors, and volunteers such as board and commission members, reserve officers,
and library volunteers shall be excluded from this process because they are not
employees of the City.
A.Exempt Employees:Executive, administrative or professional employees
who meet the criteria established in the Federal Fair Labor Standards Act,
as amended, are exempt from overtime pay.Notwithstanding any other
provision of these Personnel Rules or any other policy of the City of
Apache Junction,all executive,administrative and professional
employees shall receive a salary that is not subject to deduction for
absences of less than one (1) day unless those absences are covered by
the Federal Family and Medical Leave Act or unless the deduction is a
penalty or disciplinary measure taken for infractions of safety rules of
major significance.
B.Nonexempt Employees:Nonexempt employees are all paid employees
who do not meet the criteria for exempt employees.Individuals in these
positions must be compensated at time and one-half their regular rate of
pay for all hours worked in excess of the established number of hours for
the established work period.
1.Nonexempt General Employees:Consists of all nonexempt
employees with the exception of certified police officers.
Dispatchers, animal control officers, and police department clerical
personnel are also included in the general employee category.
Nonexempt general employees shall be compensated for overtime
in accordance with Rule 9,OVERTIME.
2.Nonexempt Law Enforcement Employees:Consists of nonexempt
certified police officers.Nonexempt certified police officers shall
be compensated for overtime in accordance with Rule 9,
OVERTIME.
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Rule 5 (Appts., Stat. & Probat.) - Page 6
RULE 6.CLASSIFICATION
SECTION 1.Adoption,Amendment and Revision of Plan.A classification plan
adopted by the City Council shall be maintained by the Personnel Office and may be
amended from time to time by resolution of the City Council.Amendments and
revisions to the classification plan may be suggested to the City Council by the
Personnel Officer and by the Department Director to the City Council through the City
Manager.
SECTION 2.Allocation of Positions.The Personnel Officer is responsible for allocating
every position in the classified service to one of the classes established by the plan.
SECTION 3.Reallocation of Positions.A filled position may be reallocated from one
class to another class on an individual basis under the following circumstances:
A.Significant changes have occurred in the level of duties and
responsibilities of the position, rather than changes in the performance
of the incumbent; and
B.Such change has been gradual,rather than resulting from assignments to
a specific employee in a short period of time; and
C.Such changes in duties and responsibilities are of a permanent nature.
The Department Director or an incumbent may request a review of the position from
the Personnel Officer.The determination by the Personnel Officer of the appropriate
class shall be final and is not subject to the grievance or appeal procedure.
Reallocation shall not be used for the purpose of avoiding restrictions concerning
demotions and promotions.
SECTION 4.Creation,Abolishment and Reclassification of Positions.Creation,
abolishment and reclassification of positions may be initiated by the Personnel Officer
to the City Council through the City Manager.The City Council will amend the
classification plan as appropriate.
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RULE 7.EMPLOYEE RECORDS
SECTION 1.Policy:It is the policy of the City of Apache Junction to keep employee
records confidential except as required by State or Federal law.
SECTION 2.Accessibility:Employee records that are considered to be public records
are available to anyone with an appropriate appointment and request.These records
include such information as an employee's name, date of hire, classification, grade,
present rate of pay, and duties performed.Information obtained for business use and
contained in the personnel files is not a matter of public record and should not be
generally accessible to everyone.
Employee personnel records maintained by the City should be accessible to the
following:
A.City Manager, Personnel Office, Department Director and Supervisor of
the employee.
B.The employee for review of his/her own individual personnel file.Such
review shall be by prearranged time with the Personnel Office.
Employees shall not remove any records from the office but may obtain
copies of records.
C.Legal representatives of the employee and the City including a hearing
officer if applicable.
D.Personnel records that are subpoenaed.
E.Any person or organization that receives a signed written release
statement from the employee whose records are in question.
SECTION 3.Contents of Personnel File.No documents pertaining to discipline shall
be placed in any employee's personnel file without the prior knowledge of that
employee and the Department Director.This shall not be construed to mean
"agreement of employee".Employees may place into their personnel file their written
response to any evaluation, report, disciplinary action, or other documentation put into
the file by the City.Such written response shall be submitted to the Personnel Office.
The response shall be placed in the employee's file attached to the appropriate City
document.
Status Changes:It is the responsibility of the employee to keep the Personnel Office
informed of his/her current address and telephone number as well as any change in
marital status or number of dependents.
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Rule 7 (Employee Records) - Page 2
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 leave.All
departments shall keep daily attendance records of employees.An employee shall be
considered absent without leave when absent for three (3) or more working days
without authorization for a leave, and is automatically considered to have resigned
except where very extenuating circumstances are found to have existed.
SECTION 2.Annual Vacation Leave:All employees in the classified service shall be
entitled to annual vacation leave with pay except the following:
A.Employees who have served less than six months in the service of the
City.
B.Employees who work on a volunteer basis.
C.Employees who work less than 1,040 hours per year.
Upon completion of six (6) months of actual service, each eligible employee shall be
credited with forty-eight hours of vacation and shall accrue thereafter vacation at the
rate specified in this rule.All vacation leaves are to be taken at the convenience of the
Department and shall be approved in advance by the Department Director.
Vacation credits shall not be allowed to accumulate in excess of 240 hours at the first
of January of any calendar year.Any carryover of vacation credits in excess of 240
hours at the first of any calendar year becomes void at that time.It is the
responsibility of the employee to schedule his/her vacation time in compliance with
departmental workloads and needs.
In cases where employees are unable to use accrued vacation due to departmental
workload, an exception may be made with Department Director and City Manager
approval.
The annual vacation leave policy is as follows:
1 year -4 years
5 years - 9 years
10 years - 14 years
15 years or more
96 hours
120 hours
144 hours
192 hours
Leave credits will be pro -rated for employees who work between 1,040 and 2,080
hours annually.
SECTION 3.Sick Leave.Employees who become ill or are injured are entitled to sick
leave with pay in accordance with the provisions set forth in this section.
A.Accrual:All career status and probationary full-time employees accrue
sick leave at the rate of eight (8)hours per calendar month up to a
maximum of 1,040 hours.
B.Use of Sick Leave:Sick leave for reasons other than those covered by
Section 13,Family and Medical Leave Policy,may be taken in accordance
with the following:
1.The employee must have completed thirty (30)days of
employment before sick leave can be granted.
2.In order to receive compensation while absent on sick leave,
employees shall notify their immediate supervisor prior to or within
one hour after the time set for beginning their daily duties.
Department Directors may establish written sick leave reporting
procedures which differ from the standard for an entire agency for
specific units or for individual employees in order to meet special
program needs or workloads.
3.No more than three days of sick leave each calendar year may be
taken in cases in which an employee's presence is required
elsewhere because of death or illness of a member of the
employee's immediate family.
4.Employees who have exhausted their sick leave may substitute
their accumulated vacation leave upon approval by the Department
Director and Personnel Officer.
5.Sick leave shall not be granted in advance of accrual.
6.When the employee has returned to work the employee shall
submit an Authorization for Leave form to his/her immediate
supervisor.
7.No employee shall receive sick leave as a result of a job injury or
illness incurred while employed by someone other than the City of
Apache Junction.
Rule 8 (Attendance and Leaves) - Page 2
C.Investigation of Sick Leave:
1.Department Directors may investigate the alleged illness of an
employee absent on sick leave.False or fraudulent use of sick
leave shall be cause for disciplinary action and may result in
dismissal.
2.A Department Director may require submission of evidence from
a licensed health-care practitioner substantiating the need for sick
leave.If the Department Director determines the evidence is
inadequate, the absence shall be charged to another category of
leave or considered an unauthorized absence.
D.Employer -initiated Exam.A Department Director with the approval of the
Personnel Officer may require an employee to be examined by a licensed
health-care practitioner designated by the Personnel Officer if the
Department Director has reason to believe the employee should not work
due to illness or injury.
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 Personnel Officer will investigate a possible
reasonable accommodation for the employee.The Department Director
may require the employee to obtain approval from the licensed health-
care practitioner prior to the employee's returning to his/her former class.
The employer will pay for all examinations required pursuant to this
Subsection "D".The employee shall not be charged any leave while
participating in or traveling to or from any examination required pursuant
to this Subsection "D".
SECTION 4.Workers' Compensation.Employees who sustain a job -related disability
that is compensable under the Arizona Workers' Compensation law are covered by the
provisions of that law.The law provides for payment of medical expenses and, under
certain circumstances, compensation for loss of income.To establish entitlement, it
Rule 8 (Attendance and Leaves) - Page 3
is mandatory that every job -related injury or illness,regardless of severity,be
immediately reported to the supervisor and a written report prepared and submitted to
the Personnel Office.
Instructions governing worker's compensation procedures shall be established by
administrative policy.
SECTION 5.Military Leave:Military leave shall be granted in accordance with the
provisions of State Law.All employees entitled to military leave shall give their
supervisors an opportunity, within the limits of military regulations, to determine when
such leave shall be taken.
SECTION 6.Leave of Absence without Pay:The Department Director, through the
Personnel Officer, may grant an employee a leave of absence without pay for not more
than three months.No such leave shall be granted except upon written request of the
employee, setting forth the reason for the request, and the approval shall be in writing.
Ten (10) days prior to the expiration of a regularly approved leave or within ten (10)
calendar days after notice to return to duty, the employee shall be reinstated in the
position held at the time leave was granted.Failure on the part of an employee on
leave to report upon expiration of the leave, or within ten (10) calendar days after
notice to return to duty, shall be cause for discharge.
SECTION 7.Leave with Pay:Leave with pay for sufficient cause may be granted to
career status employees of the City upon determination by the Department Director
through the Personnel Officer, up to and including five (5) consecutive working days
or ten (10) total working days in any twelve-month period.More extended periods of
leave with pay may not be granted except by express approval of the Department
Director and City Manager.
SECTION 8.Jury Leave:All classified employees of the City who are called or
required to serve as a trial juror shall be entitled to be exempt from their duties with
the City during the period of such service or while necessarily being present in court
as a result of such call.Under such circumstances, the employee shall be paid the
difference between the full salary and any payment received, excluding travel pay, for
such duty.
SECTION 9.Subpoena Leave:All classified employees of the City shall be entitled
to be excused without compensation from their duties with the City when required to
appear in court as a witness under a subpoena.If the court appearance is on City
business, the employee will be reimbursed at full salary for work hours missed.
Rule 8 (Attendance and Leaves) - Page 4
SECTION 10.Administrative Leave:Employees may be placed on paid administrative
leave while conduct is being investigated and/or possible disciplinary action is being
contemplated.Employees on paid administrative leave are subject to all of the
Personnel Policies while on administrative leave and may be required to report to the
supervisor on a regular basis.
SECTION 11.Paid Holidays:The holidays to be observed in the City are as follows:
1.January 1, "New Year's Day"
2.Employee's Birthday.NOTE:Employees of the Magistrate Court are
excluded from this holiday effective January 1, 1984.
3.Third Monday in January,"Civil Rights Day."NOTE:This holiday
pertains only to employees of the Magistrate Court effective January 1,
1995.
4.Third Monday in February, "Lincoln/Washington President's Day"
5.Last Monday in May, "Memorial Day"
6.July 4, "Independence Day"
7.First Monday in September, "Labor Day"
8.Second Monday in October, "Columbus Day"
9.November 11, "Veterans Day"
10.Fourth Thursday in November, "Thanksgiving Day"
11.Fourth Friday in November (Friday following Thanksgiving day)
12.December 25, "Christmas Day"
Said holidays shall be observed in the same manner as the State of Arizona.(Note:
When a holiday falls on a Saturday, the preceding Friday shall be observed.When a
holiday falls on a Sunday, the following Monday shall be observed.)It should be noted
that Public Safety and other essential service employees may be required to be on duty
on holidays in the interest of public health, safety, or general welfare of the City.Prior
Rule 8 (Attendance and Leaves) - Page 5
to taking a birthday holiday, an employee shall obtain approval from the Department
Director.
SECTION 12.Rest Periods:The general policy of the City is that employees may be
granted two separate rest periods of fifteen (15) minutes each during a work shift.
Rest periods shall be counted as time worked.Rest periods shall not be combined or
"banked" so as to provide an extended rest or lunch period or shorten the work day.
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 13.Family and Medical Leave Policy:
A.Purpose:The purpose of family and medical leave is to allow eligible
employees to take time away from work in order to attend to the birth,
adoption or foster care placement of a child or to attend to their own
illness or the illness of a member of the employee's immediate family
without fear of losing his or her job.
B.Definitions:For the purpose of family and medical leave the following
definitions apply:
1.Immediate Family:A parent, spouse, son, or daughter is defined
as follows:
a.Parent:the biological parent of an employee, an individual
who stood in place of the parent to that employee, or an
employee who has the day-to-day responsibilities of caring
for a child.
b.Daughter or Son:a biological, adopted, or foster child; a
stepchild; a legal ward; or child of a person standing in the
place of a parent who is under 18 years of age or 18 years
of age or older and incapable of self -care because of a
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.
Rule 8 (Attendance and Leaves) - Page 6
2.Serious Health Condition:an illness,injury,impairment,or
physical or mental condition that involves inpatient care in a
hospital,hospice or residential medical care facility or any
subsequent treatment in connection with such impatient care or
continuing treatment by a health care provider.
C.Eligibility for Family and Medical Leave:
1.Who may use Family and Medical Leave:Eligible employees are
those who have been employed by the City for at least 12 months
and have worked (including paid absences) for a period of not less
then 1250 hours during the preceding 12 months.
2.When Family and Medical Leave may be Used:Family and medical
leave may be taken for the following reasons:
a.the birth,adoption or foster care placement of a son or
daughter if the leave is taken within 12 months of the birth,
adoption, or placement;
b.the serious health condition of a parent,spouse,son,or
daughter;
c.the employee's own serious health condition which
prevents the performance of the essential functions of the
job.
D.Duration of Family and Medical Leave:eligible employees are allowed up
to 12 weeks of unpaid family and medical leave in a 12 -month period.
The 12 -month period will be computed as a rolling 12 month period
measured backward from the date leave is used.
E.Use of Family and Medical Leave:The following are the terms and
conditions for the use of family and medical leave:
1.In the case of the employee's own serious health condition, the
employee shall use all accrued sick leave before using accrued
vacation leave.Accrued sick leave will be allowed to be used only
for the employee's serious health condition,except that an
employee may use a maximum of 24 hours sick leave each
calendar year for reasons specified in Section 3.8.3 of this rule.
Rule 8 (Attendance and Leaves) - Page 7
2.All accrued vacation leave shall be used before unpaid leave may
be used.
3.The amount of unpaid leave available shall be the time remaining
after having deducted the eligible accrued paid sick leave and
vacation leave, from the 12 weeks of family and medical leave.
4.In the case where both husband and wife are employees of the
City, twelve weeks of family and medical leave may be used by
each employee in any 12 -month period for any qualifying family
and medical leave event.
F.Reduced or Intermittent Leave:
1.Intermittent or reduced leave shall be granted for the employee's
own serious health condition or the serious health condition of the
employee's spouse, parent, son or daughter.
2.Intermittent or reduced leave for the birth,adoption or foster
placement of a child will be allowed only with the consent of the
Department Director and the Personnel Officer and the use of
intermittent or reduced leave shall be limited to a period of twelve
consecutive weeks.
3.The Department Director may temporarily transfer the employee to
a position that better accommodates the leave,provided the
transfer does not deprive the employee of hours that he or she is
otherwise available to work.
G.Notice Requirements:
1.Thirty -Day -Notice Requirement:An employee wishing to take
family and medical leave must give his or her Department Director
30 days advance notice where practical or when the leave is
foreseeable.The notice may be verbal and the Department
Director shall document the request for leave and provide a copy
to the Personnel Officer.If it is necessary that the leave begin in
less than thirty (30) days, the employee must provide such notice
as is practical.
Rule 8 (Attendance and Leaves) - Page 8
2.Sanctions for Failure to Provide Notice:If the employee could
have provided 30 days advance notice to the Department Director
but did not, the City may then deny leave for thirty days after the
employee provides notice.
3.Designation of Leave as Family and Medical Leave:It is the
responsibility of the agency to designate leave, paid or unpaid, as
family and medical leave.The City may inquire further if the
employee does not provide enough information to enable the City
to designate the leave as family and medical leave.
H.Medical Certification and Reporting Requirements:
1.The City shall require that family and medical leave related to a
serious heath condition be supported by a certification issued by
the health care provider of the employee,employee's spouse,
daughter,son,or parent,as appropriate.A copy of this
certification shall be provided to the Personnel Officer within 15
calendar days of the request for certification.The Personnel
Officer shall request the certification in writing.
2.The certification must include the following:
a.the date on which the serious health condition commenced.
b.the probable duration of the condition.
c.the appropriate medical facts within the knowledge of the
health care provider regarding the condition.
d.a statement that the employee is needed to care for the
daughter, son, spouse, or parent as appropriate.
e.an estimate of the amount of time that the employee is
needed to care for the daughter, son, spouse, or parent as
appropriate.
3.Failure to provide certification within 15 calendar days shall result
in denial of family and medical leave until a certification is
provided.
4.If the Personnel Officer questions the validity of the certification
the Personnel Officer may require, at the City's expense, that the
employee obtain a second certification.If the second opinion
conflicts with the original opinion,the City may require,at its
Rule 8 (Attendance and Leaves) - Page 9
expense, that 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 Personnel Officer may require that the employee obtain
subsequent recertification on a reasonable basis.
6.The employee on family and medical leave must notify his/her
Department Director at the conclusion of every fourth week of
leave of his/her status and intention to return to work.
7.All records or documents provided by a health care provider in
response to a request to verify the necessity of family and medical
leave shall be maintained in separate files and treated as
confidential medical records.
I.Effect of Family and Medical Leave on Benefits:
1.An employee will not lose any employee benefit accrued before the
date on which s/he begins family and medical leave.
a.Employees will not accrue vacation or sick leave during any
unpaid absence.
b.Retirement credit will not accrue during any unpaid absence.
However, the absence will not constitute a break in City
service for seniority purposes.
2.Health Coverage:Employees on family and medical leave will
continue to receive the same group health coverage they had while
in paid status with the following conditions:
a.It shall be the responsibility of an employee on unpaid
family and medical leave to provide those payments
necessary to maintain health insurance coverage.
b.If an employee decides not to return to work, the City is
entitled to recover from the employee the cost of the health
insurance premiums paid while the employee was on leave.
However, no such repayment is required if the employee is
Rule 8 (Attendance and Leaves) - Page 10
unable to return, as certified by a health care provider, due
to circumstances beyond his/her control (i.e., continuation,
recurrence or onset of a serious health condition).
J.Return from Family and Medical Leave:
1.An employee who has taken leave for his/her serious health
condition shall present to the Department Director 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 family and medical leave an employee shall be
returned to the same position or an equivalent position.
3.An employee need not be reinstated if the employee would not
otherwise have been employed at the time reinstatement is
requested.
4.When an employee returning from family and medical leave is not
qualified or able to perform the essential functions of the position
to which the employee was returned, the employee shall be given
a reasonable opportunity in which to become qualified or seek
accommodation.
5.When an employee returning from family and medical leave is not
able to perform the essential functions of the position to which the
employee is returned, the employee may be disqualified.
K.Investigation of Use of Family and Medical Leave:The Personnel Officer
may investigate the use of family and medical leave.Misuse of family
and medical leave shall be cause for disciplinary action up to and
including dismissal.
MAC:bsp
Adopted 11/05/96 -Ord. 966
A: \MAC \ pets\ rule8.rul
Rule 8 (Attendance and Leaves) - Page 11
RULE 9.OVERTIME
SECTION 1.Policy:It is the City's policy to avoid the necessity for overtime work.
It shall be the responsibility and an important measure of job performance,for
supervisors,division managers and departmental directors to adequately plan and
schedule work and staffing so that the need for overtime is minimized.In the event
of hours worked beyond the normal work day, all efforts shall be made to allow the
employee to take off an equivalent number of hours within the designated work period.
No employee, except in a situation involving public health or safety, shall be permitted
or allowed to work overtime unless authorized by the supervisor.Any verbal
authorization given by the supervisor is to be followed up with written authorization
on the appropriate form.This policy shall also apply in those instances where the
employee is provided with compensatory time in lieu of overtime payment.
SECTION 2.Exempt and Non -Covered Employees:Not all employees of the City of
Apache Junction are affected by the Fair Labor Standards Act (FLSA).Certain
employees simply are not covered by the Act (i.e., non -covered employees).Other
employees, while covered by the FLSA, are exempt by specific provisions of the Act
(i.e., exempt employees).
Non -covered employees include elected officials, City Manager, City Magistrate, City
Attorney,bona fide volunteers,independent contractors,and community service
workers.
Exempt employees generally fall into three major categories:executive, administrative,
and professional.Also certain seasonal recreational employees can be considered
exempt from specific provisions.All employees assigned an exempt status shall be
excluded from payment of overtime hours.However, exempt employees shall not be
docked for hours worked that are less than eight (8) on a given day.
SECTION 3.Work Period:
Nonexempt Civilian Employees:All civilian employees assigned a nonexempt status
shall be paid an amount equal to one and one-half times their regular hourly rate for
time worked in excess of forty (40) hours per work period.A work period is defined
as seven consecutive days; for most employees this work period is Sunday though
Saturday.
Nonexempt Sworn Law Enforcement Employees:All sworn police officers assigned
a nonexempt status shall be paid an amount equal to one and one-half times their
regular hourly rate for all hours worked in excess of the established number of hours
for their established work period.The Apache Junction Police Department has
established a 28 -day, 160 -hour work period for sworn officers.(eff. 4/20/95)
SECTION 4.Overtime Accrual:In situations where an employee begins work prior to
the scheduled hour to begin work or beyond the scheduled hour to end the work day,
credit shall not be given for increments of time of seven minutes or less; increments
of time greater than seven minutes shall be paid to the nearest quarter hour.
SECTION 5.Hours Worked:Employment, under the FLSA, is defined to include all
hours that an employee is "suffered or permitted to work" for the employer.Hours
worked also incudes time during which an employee is "necessarily required to be on
the employer's premises, on duty or at a prescribed work place."The following are
examples of compensable hours worked as provided by the Fair Labor Standards Act:
Call -Out Time:Any employee may be contacted and asked to respond to a situation
during hours that are not scheduled for work.Call -out occurs when an employee who
is not assigned to an on -call status is asked to respond to a work situation.Employees
responding to a call -out will receive a minimum of one hour's compensation.
Meal Time:Unless all of the following three conditions are met, meal periods must be
counted as hours worked:(1)The meal period must be at least 30 minutes; (2) The
employee must be completely relieved of all duties; (3) The employee must be free to
leave the duty post.Uniformed police officers who are on their regular shift and
subject to call during the meal period shall be considered to be on working hours
during meal time.
On -call Time:If an employee is unable to use off -duty time for his/her own purposes,
those hours shall be considered hours worked.If the employee is assigned on -call
status and is able to use the off -duty time for his/her own purposes, the hours will not
be considered hours worked.If an employee is required to perform any work -related
duties during on -call time, the time will be hours worked.An employee who is merely
required to leave word where he/she can be reached during on -call periods or is
required to respond to a page will not accrue hours worked for those time periods.
Employees who are assigned on -call status will receive compensation at the rate of
$1.00 per hour for each hour served in an on -call status.This compensation would
not apply when the employee is required to perform work -related duties during on -call
time since that time is to be considered hours worked.
Voluntary Work:Employees who continue to work after their shift is over are engaged
in compensable working time.The reason for the work is immaterial; as long as the
supervisor "suffers or permits"employees to work on the City's behalf,proper
compensation must be paid.Once an employer allows the employee to work, or
knows that the employee is working, then the employee must be compensated.It is
Rule 9 (Overtime) - Page 2
the supervisor's responsibility to make certain that unwanted overtime work is not
performed.According to the FLSA, the mere existence of a rule is not sufficient to
avoid compensation for additional hours worked.Supervisors who permit employees
to work overtime without compensation may be subject to discipline.Employees who
work unauthorized overtime may also be subject to discipline.
Waiting Time:If an employee has been assigned to wait for something to occur,
his/her waiting time will be counted as hours worked; if the employee arrives early,
does not perform any work before his/her shift starts,and merely waits to begin
working, his/her waiting time will not constitute hours worked.
Workers who are required to stand by ready for duty, whether during lunch periods,
during machinery breakdowns, or during other temporary work shut -downs, must be
paid for this time.Since the employee is controlled by the employer during these
periods and is not able to use the time for his or her own purposes, this is working
time.
Other Examples of Compensable Hours Worked:
caring for tools that are a part of principal activities, such as guns and vehicles
(unless also allowed for personal use) by police officers, tools and equipment for
parks and streets workers.
changing clothes, if required by the nature of work.
charitable work requested or controlled by the employer.
emergency work/travel time.
fire drills and other disaster drills, whether voluntary or involuntary, either during
or after regular working hours.
training in regular duties to increase efficiency.
training programs required by the employer.
rest periods of 20 minutes or less.
medical attention during work hours at the employer's direction.
Rule 9 (Overtime) - Page 3
on -call time where 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 employer's premises to the work site.
travel time between work sites during the normal work day.
Examples of time not considered "hours worked"for the purposes of overtime
compensation:
jury duty.
military leave.
on -call time where the employee merely leaves a telephone number and is not
restricted.
sick leave.
time spent before, after, or between regular working hours.
voting time if outside the regular -scheduled hours of work.
SECTION 6.Travel Time:
Home -to -Work Travel:As a general rule, home -to -work travel is not compensable,
even if an employee must travel from a town to an outlying site to get to the
employer's premises. This is true whether an employee works at a fixed location or at
different job sites.Generally, an employee is not at work until he or she reaches the
work site.But if an employee is required to report to a meeting place where he or she
is to pick up materials, equipment, or other employees, or to receive instructions,
before traveling to the work site, compensable time starts at the time of the meeting.
Travel During the Work Day:Traveling from an outlying job at the end of the
scheduled workday to the employer's premises is time worked.Where an employee
is required to report to a meeting place to receive instructions, perform other work
there, or pick up tools, and travel from the designed meeting place to the work site is
working time.
Rule 9 (Overtime) - Page 4
Out -of -Town Travel:Where employees travel out of town overnight on business they
must be paid for time spent in traveling during their normal work hours on their non-
working days as well as on their regular working days.Travel time as a passenger
outside regular working hours is not considered hours worked.If an employee drives
a car without being offered public conveyance, the travel time is considered working
time.
SECTION 7:Paid Leave Time:When a nonexempt employee is on paid leave time for
the purpose of sick or military leave, or jury leave, and he/she is completely relieved
of all duties, such time is not hours worked for the purposes of calculating overtime
obligations.Holiday and vacation leave hours are considered hours worked for the
purposes of overtime calculations.
SECTION 8:Substitution of Work Hours Between Employees:The Fair Labor
Standards Act 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 in calculating the hours for which
the employee is entitled to overtime compensation.In effect,even though a
substitution has taken place, each employee will be considered to have worked his or
her normal schedule.In addition, the supervisor of an employee who performs such
substitute work is not required to keep a record of the hours of substituted work.It
is important to be aware that the substitution provisions of the FLSA apply only when
the employee's decision to substitute is made freely and without direct or implied
coercion.It must be made exclusively for the employee's own convenience.
SECTION 9:Compensatory Time in Lieu of Overtime Payment:The FLSA permits the
City of Apache Junction to provide compensatory time off in lieu of monetary overtime
compensation, at a rate of not less than one and one-half hours of compensatory time
for each hour of overtime worked.The calculation used for compensatory time is the
same as that generally used for calculating monetary overtime.
The use of compensatory time is allowed only if it is provided for under an employment
agreement or memorandum of understanding.The "agreement"must inform the
employee that the compensatory time received may be preserved,used,or paid
consistent with the provisions of this policy.The agreement must be arrived at prior
to the accrual of overtime.
A signed copy of the memorandum of understanding between the Department and the
employee shall be provided to the Personnel Office for inclusion in the individual's
Rule 9 (Overtime) - Page 5
personnel file.A record of accumulated compensatory hours shall be provided to the
Finance Department at the end of each pay period.
Nonexempt civilian employees may receive time off in lieu of overtime pay for hours
worked beyond the 40 hours for civilian employees on a seven-day work week.Sworn
law enforcement officers may receive time off in lieu of overtime pay for hours worked
in excess of 160 for sworn law enforcement officers on a 28 -day work period.
Employees may accrue a maximum of 45 hours of compensatory time (30 actual hours
of overtime worked).
The compensatory time earned by an employee constitutes a financial liability for the
City of Apache Junction.An employee who has accrued compensatory time and
requests use of the time must be permitted to use the time off within a reasonable
period after making the request if it does not unduly disrupt the operations of the
agency.When the use of compensatory time is denied, the supervisor shall provide
the affected employee, with a copy to the Personnel Officer, reasons for denial.
Compensatory time is not to be used as a means of avoiding statutory overtime
compensation.
All compensatory time credits must be discharged or paid in cash by the annual
performance review date of each employee.
SECTION 10:Payment for Compensatory Time at Termination of Employment:In
accordance with the Fair Labor Standards Act, unused compensatory time must be
paid at:
1.The average regular rate received by the employee during the last three years
of employment; or
2.The final regular rate received by the employee,whichever is higher.
MAC:bsp
Adopted 11/05/96 -Ord. 966
A:MAC \pers \ rule9.rul
Rule 9 (Overtime) - Page 6
RULE 10.PERFORMANCE EVALUATION
SECTION 1.Purpose:The evaluation of an employee's performance is intended to
assist the employee in becoming a more effective worker.The evaluation is designed
to inform the employee of the manner in which he or she is meeting standards of
performance established by the supervisor.The performance rating may be used to
establish attempted corrective action in support of subsequent disciplinary action under
Rule 16,DISCIPLINE,for unsatisfactory work performance.The performance
evaluation report is intended to cover overall performance during a specific period of
time.
SECTION 2.Performance Reporting Requirement During Probation:Reporting on
employee performance during probation is covered in Rule 5,APPOINTMENTS,
STATUS AND PROBATION.
SECTION 3.Performance Reporting Requirement Following End of Probation:Every
employee in the classified service shall have his or her performance formally evaluated
at least once a year on his or her classification date and a report on this performance
shall be submitted to the Personnel Officer for inclusion in the employee's personnel
file.The report shall be submitted by the Department Director in accordance with the
procedure and on form or forms prescribed by the Personnel Officer.Department
Directors are encouraged to provide more frequent evaluations, and nothing in these
rules shall be construed as prohibiting more frequent evaluations.Department
Directors are encouraged to bring unsatisfactory performance to the attention of the
employee when the unsatisfactory performance occurs so that the employee may
correct the problem.
Each performance evaluation shall be reviewed with the employee and filed with the
Personnel Officer not later than fourteen (14) calendar days after the classification date
of the employee evaluated.Employees shall be allowed to submit a written response
to their performance evaluation report which shall be attached to the report it
addresses.These reports and the employee response, if any, shall remain a part of
each employee's personnel record for a minimum of five (5) years and may be used in
consideration for determining transfers, promotions, demotions, dismissals, or layoffs.
Employees shall be notified and provided with a copy of all documents placed in their
Personnel files.Copies will be provided under confidential cover or directly to the
employee.
SECTION 4.Unsatisfactory Ratings:Whenever the overall evaluation of an employee
is unsatisfactory, an additional report shall be required at the end of three (3) months'
time and each three (3) months thereafter in that position until the employee has
achieved a satisfactory rating.It is the Department Director's responsibility,in
conjunction with the immediate supervisor, to inform the employee who has been
rated unsatisfactory of the steps necessary to achieve a satisfactory rating.The
employee and supervisor or Department Director will agree on a plan to improve
performance.The plan should list specific measurable goals.
Rule 16,DISCIPLINE,Section 2.provides that an employee may be dismissed for
failure to meet performance standards in three successive rating periods.
SECTION 5.Grievances and Appeals Relating to Performance Reports:An employee
not on initial probation may grieve or appeal overall performance ratings of
unsatisfactory in accordance with Rule 17,GRIEVANCE AND APPEAL PROCEDURES.
SECTION 6.Procedure When Anticipated Rating Will Be Unsatisfactory:If the
anticipated rating is unsatisfactory, the Department Director shall advise the employee
of the anticipated rating and schedule a meeting to review the performance rating with
the employee.The Department Director shall give the employee notice of the meeting
a reasonable time in advance but in no event less than four (4) calendar days.The
employee is allowed to have a representative of his/her choice present as an observer
at the meeting.
MAC:bsp
Adopted 11/05/96 -Ord. 966
A: \ MAC \ pers rule10.rul
Rule 10 (Perf. Eval.) - Page 2
RULE 11.DRUG -FREE WORKPLACE POLICY
SECTION 1.Purpose.To establish rules governing the maintenance of a drug -free
workplace to (1) ensure the health and safety of City of Apache Junction employees,
(2) continue the provision of high -quality services to the general public, and (3) comply
with federal and state laws and regulations for a uniform, government -wide, drug -free
workplace effort.
SECTION 2.Policy Statement:Reporting for work under the influence of alcohol or
drugs, or any substance which impairs an employee's mental or physical capacity will
not be tolerated.The use of illegal drugs or the misuse of legal drugs or alcohol by any
employee is expressly prohibited as is the presence in any employee's system of a
prohibited drug or drug metabolite.The possession, sale or distribution of drugs,
alcohol, or any illegal substance by an employee during regular working hours while
on City business or while on City property is expressly prohibited except as excepted
in police department policies and procedures.
SECTION 3.Definitions.The following definitions apply to the Drug -free Workplace
Policy:
A.Alcohol:Ethanol, isopropanol, or methanol.
B.Drugs/Controlled Substances:The terms "drugs"and "controlled
substances" are interchangeable and have the same meaning.Unless
otherwise provided, drugs and controlled substances include but are not
limited to:barbiturates,cocaine,opiates (heroin,codeine),
propoxyphene,amphetamines (including methamphetamine),
benzodiazepines (valium,librium),methadone,phencyclidine (PCP),
methaqualone, and cannabinoids (THC).
C.Reasonable Cause:A belief based on specific,objective facts,and
reasonable inferences drawn from those facts, that suggest an employee
is using drugs while on the job or is under the influence of drugs while on
the job.
Reasonable cause generally includes but is not limited to:
1.observable phenomena,such as direct observation of drug or
alcohol use and/or the physical symptoms or manifestations of
being under the influence of a drug or alcohol;
2.abnormal conduct, erratic behavior, absenteeism, tardiness;
3.physical symptoms (i.e. glassy eyes, slurred speech, unsteady gait,
red eyes, running nose);
4.smell of alcohol or marijuana;
5.deterioration in work performance or physical appearance;
6.a report of drug or alcohol use provided by reliable and credible
sources and which has been independently corroborated;
7.evidence that an individual has tampered with a drug or alcohol
test, during his/her employment with the current employer;
8.involvement in or responsibility for, a work -related or industrial
accident that caused, or could have caused serious injury to the
employees,any other person,or serious damage to employer
property or property belonging to others;
9.evidence of use, possession, sale, solicitation, or transfer of drugs
or alcohol while working or while on employer premises.
SECTION 4.Over -the -Counter or Prescribed Medications:Employees taking
prescription or over-the-counter non -prescribed drugs or medication which might
interfere with the performance of his/her job duties shall report the usage of the drug
or medication to his/her supervisor before going on duty.Employees taking such drugs
or medication are responsible for knowing any side effects of the medication which
might interfere with job performance based upon the prescribing physician's advice or
the warning on the medication label.
SECTION 5.Applicants and Employees Subject to Testing:
A.Pre -Employment Testing for Initial Employment:
All applicants being considered for initial paid employment by the City
shall be required to submit to,and successfully pass,a drug screen
urinalysis after a conditional offer of employment is made by the City.
The offer of employment shall be contingent upon a negative drug
screening.
If an applicant fails to pass the pre -employment drug screening,the
applicant will be disqualified from consideration for employment and shall
Rule 11 (Drug -free) - Page 2
not be eligible to apply for employment with the City for a period of 12
months from the date of the initial, positive drug test result.
An applicant's failure to submit to the required pre -employment drug test
shall be considered as a request for withdrawal from consideration for the
position for which he/she applied.
B.Police Department Employees:
Any police department employee (sworn or civilian) upon transfer to or
from a narcotic or drug related assignment shall submit to drug and
alcohol screening.A transfer to a narcotic or drug -related assignment
shall be contingent upon a negative drug test result.A positive test
result of a police department employee transferring out of a narcotic or
drug -related assignment is subject to the provisions of this rule for
positive test results.
C.Reasonable Cause Testing:
If the City has reason to suspect that an employee is violating this policy
or when there is reasonable cause to believe an employee is under the
influence or is impaired by alcohol and/or drugs, the City may require the
employee to submit immediately to medical tests administered for drug
or alcohol testing which include the chemical analysis of breath, urine
and/or blood.
D.Post -Triggering Incident:
Employees involved in the following circumstances shall be required to
submit to a drug and/or alcohol test:
1.Those whose use of City equipment or vehicle results in an
accident in which a person is fatally injured.
2.Those whose use of City equipment or vehicle results in an
accident involving tow -away and/or medical assistance and who,
in addition,have received a citation from a third party law
enforcement official.
3.Those who are required as part of their job to carry a firearm and
who, while on duty, discharge a firearm resulting in bodily injury,
property damage or violation of departmental policy, or who are
off duty and discharge a firearm in violation of departmental policy
regarding off -duty use of firearms.
Rule 11 (Drug -free) - Page 3
E.Re-employment in Workforce:
Any individual who is reemployed in accordance with Rule 5,
APPOINTMENTS, STATUS AND PROBATION shall be required to submit
to a drug and alcohol test prior to resuming work.
F.Follow-up Testing:
In the event an employee has been offered a rehabilitation option in lieu
of discipline for a positive test result in accordance with Section 9 of this
policy,the employee shall be subject to random drug testing for a
minimum of one year following the completion of a rehabilitation
program.
SECTION 6.Policy Violation:
A.Alcohol:An employee who tests positive for alcohol while on City
business during the employee's regular working hours or while on City
property during the employee's regular working hours shall be in violation
of this policy.
B.Drugs:An employee who tests positive for drugs shall be in violation of
this policy.
C.Those who are required as a part of their job to carry a firearm and who,
while on duty, discharge a firearm resulting in bodily injury,property
damage or violation of departmental policy or who are off -duty and
discharge a firearm in violation of departmental policy regarding off -duty
use of firearms.
SECTION 7.Effect of Failure to Comply with Policy:An employee who refuses to
submit to a drug or alcohol test or who violates any aspect of this policy is subject to
disciplinary action up to and including dismissal.
SECTION 8.Employee and Applicant Consent Forms:Employees and applicants who
are requested to submit to a drug test must agree in writing to allow the results of
such test to be disclosed to and used by the City's authorized representatives who
have a need to know.Failure to sign such a consent form shall be considered a refusal
to submit to testing.
SECTION 9.Rehabilitation:Depending upon the circumstances, the City may, at its
option, suspend all or part of the disciplinary action for violation of this policy in return
for the employee's enrollment into a drug or alcohol counselling or rehabilitation
Rule 11 (Drug -free) - Page 4
program for the purpose of enabling the employee to permanently cease the prohibited
conduct.The program must be one approved by the City.Cost of rehabilitation or
counselling is the responsibility of the employee.
An employee who elects such participation shall enter into a written agreement to that
effect.The employee may have any disciplinary action deemed appropriate by the City
suspended while counseling and/or rehabilitation is being utilized.An employee who
declines to participate in or fails to complete drug rehabilitation in lieu of disciplinary
action or an employee who, having successfully participated in such a program, again
engages in conduct prohibited by this policy shall be subject to disciplinary action up
to and including dismissal.
SECTION 10.Searches:The City of Apache Junction,through its designated
managers and supervisors, reserves the right to search all areas and property of which
the City maintains complete control or joint control with the employee.An employee's
locker, closet, work area, desk, desk files, computer files, City -owned vehicle, and
similar areas are subject to inspection at any time on a random or any other non-
discriminatory basis for purposes of this policy.
SECTION 11.Confidentiality:The results of drug or alcohol screening tests shall not
be included in an applicant's or an employee's file but shall be retained by the
Personnel Office in a separate medical file.Any conditions of employment which may
be established as a result of the drug test (i.e. a written agreement for rehabilitation
in lieu of discipline) will become a part of the employee's personnel file.
Except as required by 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 normally should
be limited to the supervisor, the City Manager, the Personnel Office, and legal counsel.
Failure to maintain confidentiality by any employee shall be grounds for discipline.
All investigations, searches, and testing shall be conducted as privately as practical.
SECTION 12.Employee Responsibilities:
A.Pursuant to the Federal Drug -free Workplace Act of 1988, the City of
Apache Junction prohibits the unlawful manufacture, use, possession, or
distribution of controlled substances in the workplace.As a part of this
law employees have the following responsibilities:
1.To abide by the terms of the City drug -free workplace policy; and
Rule 11 (Drug -free) - Page 5
2.To notify their supervisor or department head of any criminal drug
statute conviction for a violation occurring in the workplace no
later than five days after such conviction.
B.It is each employee's responsibility to immediately report unsafe working
conditions or hazardous activities that may jeopardize the safety of
employees to the supervisor, department director, or Personnel Office.
This includes the responsibility to immediately report any violations of the
drug and alcohol policy.An employee who fails to report such a violation
is subject to disciplinary action up to and including dismissal.
C.All employees will be 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 days, of a criminal drug statute
conviction for a violation occurring within the workplace.
SECTION 13.Management Responsibilities:
A.Management personnel shall be responsible for the implementation and
consistent enforcement of this policy, together with the Personnel Officer
or designee.Management personnel who fail to enforce this policy in
accordance with its terms are subject to disciplinary action up to and
including dismissal.
B.Supervisors will be trained in the early detection of impairment by
alcohol, drugs, and substance abuse.Supervisors must document, in
writing, the facts constituting reasonable cause for drug and/or alcohol
testing or for violation of this policy.
C.Management must inform any employee being required to submit to drug
or alcohol testing of the requirements of this policy and the
consequences of non-compliance.
SECTION 14.Drug and Alcohol Testing Methodology:Every reasonable effort will be
made to obtain the most accurate drug or alcohol test results.Testing procedures will
Rule 11 (Drug -free) - Page 6
include a two -tiered testing program to ensure maximum accuracy in the test results,
observation of specimen collection, and chain -of -custody documentation.A two -tiered
procedure means that an initial positive test will be confirmed by the use of a gas
chromatography test with mass spectrometry (GC/MS) or an equivalent scientifically
accepted method which provides quantitative data about the detected drug.
Following a positive screen from the initial test and a positive screen from the GC/MS
test, a portion of the specimen sufficient for testing from a positive sample may be
transferred directly from the testing laboratory to a laboratory of the employee's
choosing and tested at the employee's own expense.The laboratory chosen by the
employee must be a laboratory approved or certified by the United States Department
of Health and Human Services, the College of American Pathologists or the Arizona
Department of Health Services.The employee is responsible for initiating the transfer
within 48 hours of notification of the positive screen.
An employee, upon request, may obtain his/her written test results.
SECTION 15.Procedures:Procedures to be followed by management for the
enforcement of this policy are available for review in the Personnel Office or in each
department with the department head.
A description of the testing methods and collection procedures to be used is available
for review in the Personnel Office.
SECTION 16.Commercial Driver's License Holders:Beginning on January 1, 1996,
all employees required as a condition of their City employment to have a valid
Commercial Driver's License (CDL) shall comply with the United States Department of
Transportation (USDOT) rules for drug and alcohol testing of mass transit employees
and all drivers with CDLs.The USDOT is treating these rules as an extension of the
Omnibus Transportation Employee Testing Act of 1991.
The rules require pre -employment, post -accident, "reasonable suspicion" and random
testing for alcohol and drugs through the use of breathalyzers and urine samples.
Procedures and rules for testing of CDL holders will be available in the Personnel Office
beginning January 1, 1996.
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Adopted 11/05/96 -Ord. 966
A: \MAC \ pers rule11.rul
Rule 11 (Drug -free) - Page 7
RULE 12.POLICY AGAINST HARASSMENT
SECTION 1:Policy Statement.
The City of Apache Junction, Arizona, consistent with the commitment to provide
equal employment opportunities, will not tolerate any form of employee harassment,
including sexual harassment, harassment based upon race, gender,national origin,
religion, age or disability.
A.Sexual Harassment.
Sexual Harassment is defined as any unwelcome sexual advances;
requests for sexual favors; and all other verbal or physical conduct of a
sexual or otherwise offensive nature, especially where:
Submission to such conduct is made either explicitly or implicitly
a term or condition of employment;
Submission to or rejection of such conduct is used as the basis for
decisions affecting an individual's employment; or
Such conduct has the purpose or effect of creating an intimidating,
hostile, or offensive working environment.
Some examples of sexual harassment are obscene or sexually oriented
photographs or drawings, offensive comments, jokes, innuendos, and
other sexually oriented statements.
B.Other Harassment.
Any conduct which has the purpose or effect of unreasonably interfering
with an individual's work performance or creating any intimidation,
hostile, or offensive work environment based on that individual's race,
gender, national origin, religion, age or disability is also unlawful and will
not be tolerated.
C.Education.
The Personnel Officer shall be responsible for formally notifying all
employees,Department Directors,elected or appointed officials,
volunteers and contractors/vendors of the existence of this policy.The
Personnel Officer is responsible for providing training on the topic of
harassment/offensive behavior, and attendance will be mandatory for all
employees and will be offered to elected or appointed officials and
others.
D.Implementation.
Each member of the management team is responsible for creating an
atmosphere free of discrimination and harassment and in which sexual
harassment is completely out of place, and for taking immediate and
appropriate corrective action in response to any violation of this policy.
Further,employees are responsible for respecting the rights and
sensitivities of their co-workers.
The Personnel Officer and Department Directors are responsible for taking
immediate and appropriate corrective action in response to any confirmed
violation of this policy and for assuring that no reprisals are taken against
either those who complain or those who may be witnesses.
The Personnel Officer is responsible for auditing the operation of this
policy,providing advice, and resolving any unsettled questions which
may arise from this policy.
SECTION 2:Initiating a Complaint.
Employees who feel they have been harassed should attempt to advise the alleged
harasser of their discomfort.If the offended employee does not feel sufficiently
empowered to directly address the situation with the offender, or if the offending
employee does not appear to take the concern seriously, or if the offensive behavior
continues, the harassment shall be reported to the aggrieved employee's immediate
supervisor.The immediate supervisor shall promptly notify their department director.
If the worker's immediate supervisor, a division director, or Department Director is the
source of the alleged harassment, or if the employee is uncomfortable reporting the
problem to the immediate supervisor, division director, or Department Director, the
employee should report the problem directly to the Personnel Officer.An investigation
into the complaint will then be initiated.If the Assistant City Manager/Personnel
Officer is the source of the alleged harassment,the employee should report the
problem to the City Manager. If the source of the harassment is a position appointed
by the City Council (including, but not limited to, the City Attorney, City Manager, City
Prosecutor, or a City Magistrate), the employee should report the problem directly to
the Personnel Officer.The Personnel Officer shall then advise the Mayor and City
Rule 12 (Policy Against Harassment) - Page 2
Council that a harassment complaint has been filed.All other sources of alleged
harassment should be reported to the Personnel Officer.
SECTION 3.Investigation Procedure:
Upon receipt of a complaint alleging harassment, the Department Director will promptly
notify the Personnel Officer.The Department Director and the Personnel Officer are
responsible for overseeing the investigation and resolution of the complaint.The
Personnel Officer will work with the department to obtain and evaluate all relevant
evidence with respect to what has occurred.With the advice of the Personnel Officer,
the Department Director will then implement, if appropriate, specific remedial and/or
disciplinary actions.The complainant and the party charged will be notified of the
findings.
SECTION 4.Discipline:
The type of discipline and/or remedial action to which an employee will be subject for
harassing another employee will depend on consideration of all the circumstances in
a particular situation.Discipline may range from verbal counseling to dismissal.Any
employee subject to disciplinary and/or remedial action as a result of a finding of
harassment shall have due process rights through grievance or appeal procedures,
whichever is applicable to the level of discipline imposed.(See Rule 16,DISCIPLINE).
SECTION 5.Reprisals Prohibited:
No reprisals of any kind by any employee or manager shall be taken against an
employee because that employee has asserted a complaint or against any witness
because that individual has reported or assisted in any way in the investigation of a
harassment complaint.
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Adopted 11/05/96 -Ord. 966
A: MAC \ pets rule12.rul
Rule 12 (Policy Against Harassment) - Page 3
RULE 13.POLICY AGAINST VIOLENCE IN THE WORKPLACE
SECTION 1.Policy Statement.The City of Apache Junction, consistent with the
commitment to provide a workplace that is safe for employees,will not tolerate
threats, intimidation and violence made by an employee against another person's life,
health, well-being, family or property.
SECTION 2.Prohibitions.Any threats or acts of violence made by an employee
against another person's life,health,well-being,family or property are entirely
unacceptable and are cause for discipline up to and including dismissal.
Such acts or threats of violence,whether made directly or indirectly, explicitly or
implicitly, by words, gestures or symbols, infringe upon the City's right or obligation
to provide a safe workplace for its employees.
SECTION 3.Applicability.This policy holds for any threats or acts of violence made
on City of Apache Junction property, at City of Apache Junction -sponsored events or
under other circumstances that may negatively impact the City's ability to conduct its
business.
SECTION 4.Initiating a Complaint.Any employee who believes that he or she has
been the target of threats or acts of violence, or has witnessed or otherwise learned
of threats or violent conduct by another employee or by another third party, should
contact the immediate supervisor, the Department Director, the Personnel Officer or
the City Manager immediately.If an employee feels threatened with immediate harm,
he or she should notify the Public Safety Department or alert someone else to do so.
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A: \ MAC1pers rule13.rul
RULE 14.FRATERNIZATION POLICY
SECTION 1.Policy Statement.The City of Apache Junction's success depends on
positive employee morale and good team working relationships.We recognize that
sometimes personal relationships can develop between people who work together.
Unfortunately, sometimes attractions are not mutual, and these situations can develop
into sexual harassment complaints.In addition, relationships between a supervisor and
a subordinate often cause morale problems or misperceptions about assignments and
favoritism on the part of other employees in the work group.For these reasons, the
City has developed the following policy concerning personal relationships between
employees.
SECTION 2.Prohibitions.Employees in a supervisory capacity are required to keep
the relationship with any employee for whom that supervisor may give work direction
or assignments, give discipline,review performance, or recommend promotions or
raises on a strictly professional basis.Employees holding supervisory roles are not
permitted to pursue romantic relationships with any employee that may report, either
directly or indirectly, to them in their supervisory role.
SECTION 3.Reporting Requirements.Should such a relationship develop
inadvertently, it is the responsibility of both parties to, either separately or together,
bring the fact of the relationship to the attention of someone at a level of management
that is higher than both individuals involved or to the Personnel Office.In such case,
the City will discuss whether the supervisor/subordinate relationship will be broken up
or what other arrangements will be made to further the best interests of both the City
and the employees involved.
The City does not have a policy against dating between co-workers who are on the
same peer level and/or are in different departments.However, if at any time any
dating situation,request for dates,or any romantic pursuit between co-workers
becomes unwelcome, starts to interfere with the employee's work environment or the
work environment of other employees, the City may intervene to stop such conduct,
up to and including termination of the employees involved, consistent with the City's
policy against sexual harassment.
MAC:bsp
Adopted 11/05/96 -Ord. 966
A: MAC pets\ rule14.rul
RULE 15.POLITICAL ACTIVITIES
SECTION 1.Purpose.To establish a policy governing the political activity of City of
Apache Junction employees.
SECTION 2.Policy Statement.City of Apache Junction employees have the right to
vote as they choose and to entertain and express personal opinions about political
candidates.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
councilmembers 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.No employee of the City may circulate petitions for City Council,
although he or she may sign such a petition.
3.No employee of the City may contribute directly, or through an
employee organization or association to such a campaign or solicit
or receive contributions for a City Council candidate.
4.No employee organization or association 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.No employee of the City may wear City Council campaign buttons
or distribute campaign literature at work or in a city uniform or in
the offices, vehicles, or buildings of the City of Apache Junction.
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.
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 the vehicles which they own.
3.City employees may work in campaign headquarters of City
Council candidates.
4.An association or organization of city employees may mail or
otherwise distribute endorsements of City Council candidates to
the city employee members of such organization or association.
5.City employees may express their opinion.
6.City employees may attend meetings for the purpose of becoming
informed concerning the candidates for public office and the
political issues.
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.Be a member of any national state or local committee of a political
party,an officer or chairperson of a committee of a partisan
political club.
4.Participate in the management of any political party or in the
management of any political campaign or recall effort.
Rule 15 (Pol. Activity) - Page 2
5.Solicit or receive contributions for any candidate campaign.
B.Permissible Activities:Any employee may:
1.Express his/her opinion.
2.Attend meetings for the purpose of becoming informed concerning
the candidates for public office and the political issues.
3.Actively support a candidate on his/her own time while not in a
city uniform nor in an office or building of the City of Apache
Junction.
4.Cast his/her vote and sign nomination or recall petitions.
5.Make contributions to candidates,political parties or campaign
committees contributing to candidates or advocating the election
or defeat of candidates.
6.Circulate candidate nomination petitions or recall petitions.
C.Candidacy for Elected Office:Any City of Apache Junction employee
desiring to run for county, state or federal elected office shall request a
leave without pay upon filing for such office.The employee's
Department Director, with the concurrence of the City Manager, has the
authority to grant or deny the requested leave based upon the needs of
the organization.
If the leave is granted and the employee is elected, the employee shall
resign from City service immediately upon being seated in the elective
position.If the leave is granted and the employee is not elected, the
employee will be returned to his/her former position on the same terms
and conditions as any other employee who has taken a leave without
pay.If the leave is not granted and the employee still desires to run for
elected office, the employee shall resign from City service upon filing for
such office.
SECTION 5.Retaliation Prohibited.
Rule 15 (Pol. Activity) - Page 3
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.
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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A: \ MACtpers\rule15.rul
Rule 15 (Pol. Activity) - Page 4
Rule 15 (Pol. Activity) - Page 5
RULE 16.DISCIPLINE
SECTION 1.Disciplinary actions may include verbal warnings, written reprimands,
suspensions, demotions and dismissals, or other action deemed appropriate by the
Department Director.Progressive discipline is encouraged if appropriate; however,
nothing in this policy requires progressive discipline to be followed.
The Department Director has the authority to impose discipline.The Department
Director may delegate the authority to impose verbal 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 such actions include, but are not limited to the following:
1.Falsification of application for employment.
2.Absenteeism.
3.Tardiness.
4.Conviction of a crime which impacts on the employee's ability to perform
the duties and responsibilities of the job.
5.Incompetence in the performance of assigned duties.
6.Prohibited political activities.
7.Favoritism on the part of a supervisory employee.
8.Discrimination on the part of an employee against any employee on the
basis of race, color, sex, age, physical disability, place of national origin,
political or religious affiliation.
9.Any action,on or off the job,tending to bring discredit to the City
service.
10.Violation of the Drug -free Workplace Policy.
11.Failure to meet established standards of performance in three successive
rating periods.
12.Refusal or failure to comply with the orders of an authorized supervisor
or refusing or failing to do assigned work.
13.Theft, destruction, or neglect in the use of City property, or of property
or materials of any other person while the employee is on duty.
14.Lying to supervisors or falsifying records with respect to official duties.
15.Threatening,fighting with,intimidating,coercing or abusing other
employees or officials of the City or provoking such actions by others.
16.Absence from work where the employee has requested permission to be
absent and such request has been denied.
17.Divulging confidential information from privileged official records to
unauthorized persons.
18.Failure to observe departmental regulations.
19.Unauthorized absence from duty.
20.Abuse of sick leave.
21.Failure to maintain a satisfactory working relationship with other
employees or the public.
22.Failure to observe safety regulations.
23.Discourtesy and rudeness to the public.
24.Unauthorized performance of work by nonexempt employee outside of
established work schedules.
25.Unauthorized operation or use of any vehicles, machines, or equipment
of the City.
26.Carelessness in the performance of duties.
27.Intentionally or maliciously supplying false information or making false
claims with intent to improperly affect official decisions or bring discredit
to other employees.
28.Violation of any section of the Personnel Policies.
Rule 16 (Discipline) - Page 2
SECTION 3:Written Reprimands:Written reprimands shall identify the violations or
failures to meet reasonable expectations for performance on the job with sufficient
specificity and detail so as to enable the employee to respond to the charges against
him or her.These documents shall also contain a notice that the employee may file
a grievance on the written reprimand in accordance with Rule 17,GRIEVANCE AND
APPEAL PROCEDURES.
To be a written reprimand under these rules, the written statement shall be sent to the
Personnel Office for inclusion in the employee's personnel file.
SECTION 4:Pre -Disciplinary Meeting:Before a career status employee is suspended,
demoted or dismissed, the department director shall hold a pre -disciplinary meeting.
The pre -disciplinary meeting may include the Personnel Officer or designee and may
include legal counsel for the City.A pre -disciplinary meeting is not required for verbal
warnings or written reprimands.
Prior to the imposition of a suspension, demotion or dismissal, the affected employee
shall be notified, in writing, of the following:
a)That discipline is contemplated and the type of discipline contemplated;
b)The specific violation of one or more of the causes for discipline as set
forth in Rule 16,DISCIPLINE;
c)The specific conduct or omission committed by the employee which the
Department Director believes is a violation of the personnel rules;
d)When and where the meeting is to be held;
e)That the employee is entitled to have a representative of his or her own
choosing present at the meeting; and
f)The purposes of the meeting, which are:
1)to allow the employee to correct any errors in the information or
facts upon which disciplinary action is proposed;
2)to allow the employee to tell his or her side of the story and to
present any mitigating information as to why discipline should not
be taken.
Rule 16 (Discipline) - Page 3
The time between the initial notice of proposed disciplinary action and the pre-
disciplinary meeting shall be reasonable and shall give the employee adequate time to
prepare a reply.Two working days is considered reasonable and under no
circumstances shall the pre -disciplinary meeting be less than two working days from
the time the employee receives notice as to the date of the meeting.
If personal delivery of the initial notice is not feasible,notice may be given by
depositing the notice in a U.S. Postal Service mail box, addressed to the last address
of record for the employee, and with first class postage affixed.If service of notice
is by mail, at least six (6) calendar days shall be allowed between the date the notice
is mailed and the date the meeting is scheduled.
The following procedure is required for the pre -disciplinary meeting:
a)Presentation of the facts and information upon which the initial notice of
proposed disciplinary action that was given to the employee was based;
b)Giving the employee an opportunity to respond; and
c)If the employee submits a written response before or at the meeting,
making that response part of the record.
The employee may be represented by any representative of his or her choosing.Since
the meeting technically is not "adversarial", there is no need for any of the following:
a)Justification to the employee or his or her representative for proposing
disciplinary action;
b)Testimony by or cross-examination of witnesses;
c)Testimony under oath; or
d)Recording of the proceedings by a court reporter.The proceedings may
be tape recorded.
SECTION 5:Taking Disciplinary Action:Disciplinary action based on the pre-
disciplinary meeting shall be taken within ten (10) calendar days after the meeting.
However, if extenuating circumstances require additional time, the Personnel Officer
may extend the date for taking disciplinary action for not to exceed ten (10) additional
calendar days.
Rule 16 (Discipline) - Page 4
SECTION 6:Notices of Suspension, Demotion or Dismissal:Notices of suspension,
demotion or dismissal shall contain all of the following:
a)Identification of the violations or failures to meet reasonable expectations
for performance on the job with sufficient specificity and detail so as to
enable the employee to respond to the charges against him or her.These
charges shall be those listed in the initial notice of disciplinary action,
except for any charges which are dropped.Substantial amendment or
additional charges may be made only by repeating the procedure detailed
in Section 4,Pre -disciplinary Meeting.
b)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.
c)An indication that the material presented has been considered by the
agency in reaching a final determination.
d)Notice that the employee may request a copy of the written materials
alleged to support the action taken.
e)A notice that the employee may appeal the suspension, demotion, or
dismissal pursuant to Rule 17,GRIEVANCE AND APPEAL PROCEDURES.
Notices of suspension, demotion or dismissal shall be sent to the Personnel Office for
inclusion in the employee's personnel file.
SECTION 7:Effect of Technical Omissions:Failure of a supervisor or departmental
director to comply strictly with the provisions of Section 3,Written Reprimands,and
Section 6,Notices of Suspension, Demotion or Dismissal,as they pertain to content
of written reprimands and notices of suspension,demotion or dismissal shall not
constitute a basis for reversing a disciplinary action on appeal unless the employee
shows that his or her rights were seriously impaired by the failure.
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Rule 16 (Discipline) - Page 5
RULE 17.GRIEVANCE AND APPEAL PROCEDURES
SECTION 1.Purpose of Grievance and Appeal Procedures.The purpose of the
grievance and appeal procedures is to provide eligible employees who are aggrieved
about a situation affecting the conditions of their employment with a just, effective,
timely and equitable method for the resolution of the matter without discrimination,
coercion, restraint or reprisal against the employee when the employee either submits
or is involved in a grievance or appeal.Only career status employees are eligible to
utilize the grievance and appeal process except that non -career status employees may
utilize this process in accordance with Rule 5, Section 6.
Any contention that the City has failed to comply with any obligation it has made to
an employee through its ordinances, Personnel Policies, or any other written or verbal
commitments must be raised pursuant to these grievance and appeal procedures, and
these procedures provide the exclusive remedy for any such claim.
SECTION 2.General.If an employee complaint or problem is not resolved by informal
consideration, then the employee may formalize the consideration by filing a grievance
or appeal for actions identified in this rule and utilizing the procedures defined in this
rule.
If an employee elects to formalize the attempt for resolution of a complaint or problem,
one of the following procedures shall be used:
A.If the complaint involves a letter of reprimand, the grievance procedure
shall be used.A letter of reprimand is not entitled to the appeal
procedure.
B.If the complaint alleges an improper overall performance rating of
unsatisfactory,the employee shall use the grievance procedure.An
alleged improper overall performance rating of unsatisfactory is not
entitled to the appeal procedure.
C.If the complaint alleges misinterpretation,misapplication or unequal
enforcement of Personnel Policies or administrative procedures,the
employee shall use the grievance procedure.If the grievance procedure
does not resolve the complaint,the employee may proceed with the
appeal procedure.
D.If the complaint alleges adverse action to the employee other than
suspension,demotion or dismissal,based on unlawful discrimination
because of race, color, creed, national origin, sex, age, political affiliation
or disability, the grievance procedure shall be used.If the grievance
procedure does not resolve the complaint, the employee may proceed
with the appeal procedure.
E.If the complaint alleges improper suspension of more than three days,
demotion or dismissal on any grounds,including alleged unlawful
discrimination, the employee may forego the grievance procedure and
proceed directly with the appeal procedure.Suspensions of three days
or less shall be limited to the grievance procedure.
F.If the complaint alleges that the disposition of a sexual harassment
complaint has not resulted in stopping the prohibited behavior,the
employee may forego the grievance procedure and proceed directly with
the appeal procedure.
G.If the complaint alleges a matter other than that identified by this rule,
employees are encouraged to discuss the complaint on an informal basis
with appropriate management personnel.
SECTION 3.Prohibited Grievances and Appeals.The grievance and appeal procedures
may not be used for matters involving:
A.Compensation and Classification Plans.
B.Overall Satisfactory Performance Evaluations.
C.Informal Disciplinary Actions such as oral warnings.
SECTION 4.Grievance Procedure.Grievances shall be presented according to the
following procedure:
A.Form:The grievance shall be presented in writing and shall be dated.It
shall include a statement that the writing is a grievance, the name and
address of the employee filing the grievance, the action which is the
subject of the grievance, the date of the action, and a statement of the
remedy sought.Grievance forms may be obtained from the Personnel
Office if desired.
Rule 17 (Grievance/Appeal) - Page 2
B.Filing With Supervisor and Time Limit:The employee shall present a
grievance to the immediate supervisor within seven (7) calendar days
after notification of or occurrence of the action which gives rise to the
grievance.The immediate supervisor shall consider the grievance and
within seven (7) calendar days give the aggrieved employee a dated,
written notice of a decision.The period of time shall be computed in
accordance with Section 5 of this rule.
C.Filing With the Department Director:If the response of the immediate
supervisor does not resolve the grievance, and the employee wishes to
pursue it further, the employee shall present it to the department director
in writing within seven (7) calendar days after receiving the decision of
the immediate supervisor.
If the immediate supervisor has not responded to the grievance within
seven (7) calendar days and the employee desires to pursue it further, the
employee must present it in writing to the department director no later
than seven (7) calendar days after the supervisor's response was due.
The department director shall consider the grievance and shall give the
employee dated, written notice of a decision within seven (7) calendar
days of the receipt of the grievance.
D.Filing With the Personnel Officer:If the response of the department
director does not resolve the grievance and the employee desires to
pursue it further, the employee must present it in writing to the Personnel
Officer within seven (7) calendar days after receiving the decision of the
department director, or within seven (7) calendar days after the decision
of the department director would have been due to the employee if no
written response was received by the employee.
A copy of the grievance and the replies from the immediate supervisor
and the department director shall be attached to the grievance to the
Personnel Officer.
The Personnel Officer or his or her designee shall consider the grievance
and shall give the employee dated,written notice of decision within
seven (7) calendar days of the receipt of the grievance.
Rule 17 (Grievance/Appeal) - Page 3
The decision of the Personnel Officer for grievances is final and is not
appealable further unless formal appeal procedures are an available
remedy under this rule.
SECTION 5:Time Computation.The computation of the calendar days shall be as
follows:
A.The date of notice of the action giving rise to the grievance, if written
action,shall be the date of the delivery of a notice if handed to the
appellant, or the date of mailing of the notice if sent by U.S. mail.If the
notice is mailed, three calendar days shall be added to the time in which
a response is due.
B.If the action grieved is not a written action, the date of action shall be
the date on which the aggrieved action occurred.
C.The period of time for filing the grievance starts on the day following the
date of notice or occurrence of the action giving rise to the grievance.
D.If the final date of the grievance period falls on a day the City is not open
for business, the final date for grievance shall be construed to be the next
City work day.
E.The grievance period ends at 5:00 p.m. (close of business) on the final
date for grievance.
SECTION 6:Appeal Procedure.Matters not specifically stated in this rule cannot be
appealed.Appeals shall be presented according to the following:
A.Time Computation:The computation of the calendar days shall be in
accordance with Section 5 of this rule.
B.Form of Appeal:Every appeal shall be filed in writing and shall include
the name and address of the employee appealing (appellant), the action
which is the subject of the appeal,the reason for the appeal,and a
statement of the remedy sought and a reference to the Personnel Policy
which the action allegedly violates.The appeal shall have attached any
written material pertaining to the matter appealed.
Rule 17 (Grievance/Appeal) - Page 4
C.Procedures for Filing an Appeal:Every appeal shall be filed within ten
(10) calendar days from the date of notice of the action which is the
subject of the appeal.All appeals shall be addressed to the City
Manager.The City Manager or his or her designee shall have ten (10)
calendar days to respond to the appeal.
If the employee is not satisfied with the decision of the City Manager or
his or her designee, the employee has ten (10) calendar days from the
date of response or the date a response was due,to appeal to the
Hearing Officer.The form of appeal to the Hearing Officer shall be in
accordance with Section 6.6 of this rule and shall be filed in the
Personnel Office.
SECTION 7:Time Extension.Upon mutual consent of the parties as evidenced by a
written,signed agreement,a time extension for grievances and appeals may be
authorized.Such agreement shall state the duration of the extension.
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Rule 17 (Grievance/Appeal) - Page 5
Rule 17 (Grievance/Appeal) - Page 6
RULE 18.RULES FOR HEARINGS BEFORE A HEARING OFFICER
SECTION 1.Hearing Officer.The Personnel Officer shall retain a Hearing Officer or
Officers who shall not be employees of the City.
SECTION 2.Right of Appeal.Any employee shall have the right to appeal actions to
the hearing officer pursuant to the City of Apache Junction 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 Hearirig.Once an appeal to the Hearing Officer has been
received by the Personnel Office,the Personnel Officer shall contact the Hearing
Officer who shall schedule a time for the hearing.The hearing shall be set for not less
than fifteen (15) calendar days, nor more than thirty (30) calendar days from receipt
by the Personnel Officer 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 the hearing.
SECTION 4.Pre -Hearing Statements.Upon receipt of the appeal to the Hearing
Officer,the Personnel Officer shall give each party to the appeal a pre -hearing
statement form to be completed by each party.The pre -hearing statement shall
include the following:
a)The names, addresses, and phone numbers of all parties to the appeal.
b)The names,addresses,and phone numbers of legal counsel or
representatives for the parties.
c)A list of witnesses, including addresses and phone numbers, and brief
summaries of their testimony.
d)A description of the exhibits to be used at hearing.
The pre -hearing statement shall be filed with the Hearing Officer within ten (10)
calendar days of receipt by the parties of the pre -hearing statement.
Each party to the appeal shall provide the opposing party with a copy of the pre-
hearing statement and copies of exhibits to be used within ten (10) calendar days of
the receipt of the pre -hearing statement.Each party is responsible for keeping the
Hearing Officer and the opposing party updated on additional witnesses and exhibits
through the use of an amended pre -hearing statement.The party amending the pre-
hearing statement shall submit one copy to the Hearing Officer and shall provide the
opposing party with a copy of the amended statement and a copy of additional
exhibits, if any.
Under no circumstances shall witnesses or exhibits be added within five (5) calendar
days of the hearing.No witness testimony or exhibits shall be admissible if not
identified by the proponent five (5) calendar days prior to hearing unless the Hearing
Officer determines such testimony or documentation is necessary for rebuttal or
impeachment.
SECTION 5.Pre -Hearing Conference.After acceptance of an appeal and designation
of representatives, if any, the Hearing Officer may, at the request of the parties or on
own initiative, schedule a pre -hearing conference at a time convenient to all parties.
At the pre -hearing conference the Hearing Officer may request exhibits, define the
issues, and accept stipulations of the parties.The Hearing Officer may rule on the
admissibility of exhibits and witnesses and may reject irrelevant or cumulative exhibits
and disprove witnesses whose testimony is irrelevant or cumulative.
SECTION 6.Subpoenas.Pursuant to Title 12, Article 13, Chapter 2, A.R.S. 12-2212,
the Hearing Officer may issue subpoenas,compel attendance of witnesses and
production of evidence, administer oaths and cause depositions to be taken.The
subpoena shall be issued in the same manner as provided for issuance of subpoenas
in the Superior Court of Arizona.Failure to comply with a subpoena issued by the
Hearing Officer shall result in a proceeding before the Superior Court of Arizona in the
same manner as if the subpoena has been initially issued by the Superior Court.
Any party or witness, or a representative thereof may, within two (2) calendar days
after service of the subpoena, file a motion to quash or modify the subpoena if it is
unreasonable and oppressive; or move the Hearing Officer to condition denial of the
motion upon the advancement by the person in whose behalf the subpoena is issued
of the reasonable cost of producing the books, papers, documents or tangible things.
SECTION 7.Continuances.The Hearing Officer may, in his or her sole discretion,
grant continuances during the entire proceeding to each party for good and sufficient
cause.
SECTION 8.Appeal Hearings.The appealing employee shall appear personally, unless
physically unable to do so, before the Hearing Officer at the time and place of the
hearing.The appealing employee may be represented by an attorney or any person
Rule 18 (Hearings) - Page 2
other than a member of the Personnel Office, the City Manager's Office, the Personnel
Board, or a member of the City Council.
All hearings before the Hearing Officer shall be closed.The hearing need not be
conducted in accordance with technical rules relating to evidence and witnesses, but
hearings shall be conducted in a manner most conducive to determination of the truth.
Any relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs, regardless
of the existence of any common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.Hearsay evidence may be
used for the purpose of supplementing or explaining any direct evidence but shall not
be sufficient in itself to support a finding unless it would be admissible pursuant to the
Arizona Rules of Evidence.The rules of privileges shall be effective to the same extent
that they are now or hereafter may be recognized in civil actions, and irrelevant and
unduly repetitious evidence may be excluded.Decisions made by the Hearing Officer
shall not be invalidated by any informality in the proceedings, and the Hearing Officer
shall not be bound by technical rules of evidence.
The Hearing Officer shall rule on the admission or exclusion of evidence.The
proceedings before the Hearing Officer may be recorded by a court reporter or by audio
or videotape.The original tape or recording, or a copy certified by the Hearing Officer,
shall be a part of the record of any appeal.
Each party shall have these rights:To be represented by legal counsel or other person
of choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses on any matter relevant to the issues; to impeach any witness
regardless of which party first called for testimony; and to rebut the evidence.If the
respondent does not testify in his/her own behalf, (s)he 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 for special reason, otherwise directs:
1.The party imposing discipline shall be permitted to make an opening
statement.
2.The appealing party shall be permitted to make an opening statement.
Rule 18 (Hearings) - Page 3
3.The party imposing disciplinary action shall produce the evidence on
his/her part.
4.The party appealing from such disciplinary action may then open for
defense and offer evidence in support thereof.
5.The parties may then, in order, respectively offer rebutting evidence only,
unless the Hearing Officer for good reason permits them to offer evidence
upon their original case.
6.Oral or written arguments shall be permitted at the discretion of the
Hearing Officer.
The Hearing Officer shall determine relevancy, weight, and reliability of testimony and
evidence, and shall base findings on the preponderance of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon motion of either party.
No still photographs,moving pictures,or television pictures shall be taken in the
hearing chamber during a hearing.
The Hearing Officer shall render findings of fact, conclusions of law, and decision as
soon after the conclusion of the hearing as possible, and in no event, later than twenty
(20) working days after conducting the hearing unless otherwise stipulated by the
parties.The Hearing Officer's decision shall set forth the findings as to each of the
charges and the reasons therefore.
With respect to disciplinary actions, the Hearing Officer may sustain or reject any or
all of the charges filed against the employee.The Hearing Officer may sustain, reject,
or modify the disciplinary action invoked against the employee.
The decision of the Hearing Officer shall be final and binding upon both the employee
and the City, and therefore not appealable to any office or body of the City or to any
other forum, administrative or judicial.The decision shall be filed with the employee,
the department director, the Personnel Officer, and the City Manager, and shall set
forth all the findings of fact, conclusions of law, and determination.
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Rule 18 (Hearings) - Page 4
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 Personnel Officer, the Department Director, and the City Manager
shall determine the number and classes of employees to be laid off.An employee
being laid off will receive a minimum notice of two weeks.
In the event of a reduction in personnel staffing levels, the reducing of employees
affected shall follow the order below:
A.Layoff by Type of Status:Employees in a classification requiring
reduction in personnel shall be laid off as follows:non -career status
employees before initial probationary status; initial probationary status
before transitional probationary status,and transitional probationary
status before career status.
B.Layoff by Classification and Seniority:Career status employees serving
in a classification requiring reduction in personnel shall be laid off in the
reverse order of their appointment in that classification, the last one so
appointed being the first to be laid off.
When no position of the same class exists within the City or all
employees in the class have greater seniority than the laid -off employee,
the employee may request in writing to be placed in a lower class if the
class is in the classification series.The classification series set forth in
the most current classification manual accepted by the City Council shall
be used as a guide.The employee may request to be placed in a lower
class if the employee has previously held the position; in no circumstance
shall this request be used to effect a promotion.
If the employee's written request meets the criteria set forth above, that
employee shall be placed in the lower class.In being placed in a lower
class, that employee shall receive a salary which is at the same step in
the new range.For example,if a laid -off employee at a Range 25,
Step D requests to be placed in a Range 20, Step D, that employee will
receive compensation at a Range 20, Step D.An employee in the class
who has the least seniority with the City shall be laid off and the laid -off
employee with greater seniority placed in the position.
C.Layoff Lists:A layoff list shall be maintained for each classification.All
career status employees who have been laid off shall have their names
placed on the appropriate layoff list according to seniority.The name of
any employee shall remain on that list for a period of two years.
D.Reinstatement:.As positions are reinstated, individuals will be reinstated
from the appropriate layoff list according to seniority; the most senior
person laid off will be the first person hired back.Employees resume
their positions without loss of seniority, pay rate, or sick leave.It shall
be the responsibility of the employee on the layoff list to provide the City
with their most current mailing address.Upon time of reinstatement,
that employee will be notified at the address they have provided the City
and given ten working days to respond.Failure to respond within that
time -frame may result in the City contacting the next person on the layoff
list.
E.Effective Date:.The provisions of this layoff policy shall apply to
employees laid off after January 1, 1991.
SECTION 3.Resignation.An employee wishing to leave the classified service in good
standing shall file with the Personnel Officer through their Department Director,a
written resignation stating the effective date and reasons for leaving at least two (2)
weeks (managerial positions preferably 30 days) before leaving the service, unless
such time limit is waived by the Department Director and Personnel Officer.Failure
to give notice as required by this rule may be cause for denying future employment by
the City.An "exit interview" may be arranged with the Personnel Officer to be held
prior to the last day of employment.
Any employee who has resigned in writing or orally may, prior to vacating the position,
with the consent of their Department Director, Personnel Officer, and City Manager,
withdraw his/her resignation.
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Rule 19 (Separation...) - Page 2