Loading...
HomeMy WebLinkAboutORD1072ORDINANCE NO. 1072 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE PERSONNEL RULES,CITY OF APACHE JUNCTION, RULE 5,APPOINTMENTS. STATUS, AND PROBATION; RULE 8,ATTENDANCE AND LEAVES;RULE 9,OVERTIME;RULE 10, PERFORMANCE EVALUATION;RULE 17,GRIEVANCE AND APPEAL PROCEDURES;REVISING TITLES WHERE NECESSARY; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY WHEREAS, the Mayor and City Council has determined a need from time to time to amend the Personnel Rules governing the City's employees, to encourage longevity and to be in compliance with all federal, state, and local employment regulations, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I.IN GENERAL That the document entitled Personnel Rules,City of Apache Junction, be revised as follows:in each instance where the words "Personnel Office" are used, the words be changed to "Human Resources Office," and in each instance where the words "Personnel Officer" are used, the words be changed to "Human Resources Manager." That Rule 5,Appointments. Status. and Probation;Rule 8,Attendance and Leaves;Rule 9,Overtime;Rule 10,Performance Evaluation;and Rule 17,Grievance and Appeals Procedures,of the Personnel Rules,City of Apache Junction, Arizona be revised as follows: RULE 5.APPOINTMENTS, STATUS, AND PROBATION Section 9.Exempt And Nonexempt Personnel 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 40 hours within the designated seven day work period.Nonexempt employees shall be compensated for overtime in accordance with Rule 9, Overtime. ORDINANCE NO. 1072 PAGE 1 OF 7 RULE 8.ATTENDANCE AND LEAVE 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 leave is 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 320 hours at the first of January of any calendar year.Any carryover of vacation credits in excess of 320 hours at the first of any calendar year becomes void at that time.It is the responsibility of the employee to schedule his/her vacation time in compliance with departmental workloads and needs. In cases where employees are unable to use accrued vacation due to 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 Section 3,Sick Leave, shall be amended to include: B.Use of Sick Leave 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 illness of a member of the employee's immediate family. ORDINANCE NO. 1072 PAGE 2 OF 7 E.Sick Leave Buy-back As an incentive to be frugal with the use of sick leave and to preserve it for catastrophic illness, the City of Apache Junction offers a payout upon retirement and in instances of resignation of employment.The payout consists of paying 50 percent of the value of all accumulated sick leave over 320 hours and under 640 hours; and paying 25 percent of the value of sick leave hours between 640 and 1040 hours inclusive. F.Donation of Sick Leave Hours between Employees Employees who wish to assist co-workers during times when those co-workers have FMLA qualifying events or deaths within the family may donate sick or vacation leave hours to the Employee Emergency Fund.Administrative Procedures will establish, in writing, the method for accessing the fund and how repayment to the fund will be made. Section 11.Bereavement Leave Employee's are permitted three days of bereavement leave in each instance where the employee's presence is required elsewhere because of the death of a parent, child, sibling, spouse, grandchild, or grandparent.For the purpose of this section also included are: parent -in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half- sister.When out-of-state travel is necessary, vacation leave may be used for days in excess of three. Section 12.Paid Holidays The holidays to be observed in the City are as follows: 1.January 1, "New Year's Day" 2.Third Monday in January, "Martin Luther King, Jr./Civil Rights Day" 3.Third Monday in February, "Lincoln/Washington President's Day" 4.Last Monday in May, "Memorial Day" 5.July 4, "Independence Day" 6.First Monday in September, "Labor Day" 7.Second Monday in October, "Columbus Day" 8.November 11, "Veterans Day" 9.Fourth Thursday in November, "Thanksgiving Day" 10.Fourth Friday in November (Friday following Thanksgiving Day) 11.December 25, "Christmas Day" 12.Employee's Birthday 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. ORDINANCE NO. 1072 PAGE 3 OF 7 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 to taking a birthday holiday, an employee shall obtain approval from the Department Director. Section 13, Family and Medical Leave Policy E.Use of Family and Medical Leave, shall be amended to read: 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 in cases when an employee's presence is required elsewhere because of illness of a member of the employee's immediate family. 2.All accrued vacation leave shall be used before unpaid leave may be used. 3.The amount of unpaid leave available shall be the time remaining after having deducted the eligible accrued paid sick leave and vacation leave, from the 12 weeks of 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. RULE 9.OVERTIME Section 3,shall be amended to read: Work Period:All employees assigned to 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 from Sunday through Saturday. Section 9,shall be amended to read: 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 ORDINANCE NO 1072 PAGE 4 OF 7 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 personnel file.A record of accumulated compensatory hours shall be provided to the Finance Department at the end of each pay period. Nonexempt employees may receive time off in lieu of overtime pay for hours worked beyond the 40 hours in a seven-day work week.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 reasons for the denial.A copy of the reasons for denial shall also be provided to the Human Resources Manager. 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. RULE 10, PERFORMANCE EVALUATION, be amended to add MERIT CONSIDERATION and include: Section 7.Merit Consideration Each year, as part of the budget process, the City Council establishes the percentage available for merit pay purposes.Each employee, at the time of his or her annual performance evaluation, is eligible for merit consideration in accordance with the schedule for the fiscal year.Merit is tied to performance and the standards for application are promulgated through written administrative procedures. ORDINANCE NO. 1072 PAGE 5 OF 7 RULE 17, GRIEVANCE AND APPEAL PROCEDURES Section 4 (D), be amended to read: Filing with Assistant City Manager If the response of the department director does not resolve the grievance and the employee desires to pursue if further, the employee must present it in writing to the Assistant City Manager within seven (7) calendar days after receiving the decision of the department director, or within seven (7) calendar days after the decision of the department director would have been due to the employee if no written response was received by the employee. A copy of the grievance and the replies from the immediate supervisor and the department director shall be attached to the grievance to the Assistant City Manager. The Assistant City Manager or his or her designee shall consider the grievance and shall give the employee dated, written notice of decision within seven (7) calendar days of the receipt of the grievance. The decision of the Assistant City Manager for grievances is final and is not appealable further unless formal appeal procedures are an available remedy under this rule. SECTION 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 herein by reference are hereby repealed. SECTION III. PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV.DECLARING AN EMERGENCY It being necessary for the preservation of the peace, health, and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an ORDINANCE NO. 1072 PAGE 6 OF 7 emergency is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. APPROVED AND ADOPTED THIS _1811-IDAY OF MAY , 1999, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS25TH DAY OF MAY , 1999. 0 4 L i DOUGLAS/COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1072 PAGE 7 OF 7