HomeMy WebLinkAboutRES 23-02 RESOLUTION NO. 23-02
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CHIT
OF APACHE JUNCTION, ARIZONA, DECLARING AS APUBLIC
CORD THAT CERTAIN DOCUMENT FILED WITH THE ITY CLERK
TITLED ' 0 3 CITY OF APACHE JUNCTION PERSONNEL
RULES" ; REPEALING ANY CONFLICTINGPROVISIONS;
DECLARING AN EMERGENCY; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, i zo Revised Statutes Annotatedi in t
" m .S." ) -802 permits municipalities to enact the provisions
of - a Cade or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text and at least three paper copies,
one paper and one electronic of the code or public record, are
filed In the office of the city clerk and are made available for
public use and inspection; and
WHEREAS, Ordinance No. 133 adopts by reference certain
staff-recommended modifications set forth in the '112023 City of
Apache Junction Personnel Rules" ; and
WHEREAS, It is the intent of the city to declare the
amendments d public record.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
That certain document entitled. "20 3 City of Apache Junction
Personnel Rules" , three paper copies, or one paper and one
electronic dopy, which are on file in the office of the city
clerk and are made available for public use and inspection, are
hereby declared a public record
SECTION II REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the provisions
adopted herein by reference are hereby repealed
RESOLUTION NO. 23-02
PAGE 1 CST`
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance or any Burt of the provisions or regulations
adulated herein by reference is for any reason held to be invalid
r unconstitutional the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV DECLARING N EMERGENCY
The immediate operation of the provisions of this ordinance is
necessary for ;the immediate preservation of the public peace,
health or safety, and that an emergency .is hereby declared to
exist; and this ordinance shall be in full force and effect from
and after its passage, adoption and approval by the mayor and
city council, of the City of Apache Junction.
PASSED AND ADOPTED SAY THE MAYOR AND CITY COUNCILTHE CITY OF
AP ACHE JUNCTION, I THIS ` th DAY OF March, 2023.
SIGNED AIMS ATTESTED TO THIS 7th SAY OF March, 30e 3.
t
WAtTER °`CST" WILS N
Mayor
ATTEST:
1 °'
� - .a�
Jr NNIFE
City Cl r"k
APPROVED S TO FORS
------------------------------
RICHARD J. STERN
City Attorney
RESOLUTION LUTIO Noe 3 3 3
PAGE 2 OF 2
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2023 City of Apache Junction
Personnel Rules
Apache Junction Personnel Rules 2023
Table of Contents
RULE 1. POLICY AND GENERAL PURPOSE...................................................6
Section 1. Policy ....................... ...... .......6
Section 2. Purpose................... .....-- ....................6
Section 3. Scope, Interpretation, Administration and Amendments ..................7
RULE 2. DEFINITION OF TERMS ......................................................................8
RULE 3. GENERAL PROVISIONS ...................................................................15
Section 1. Equal Employment Opportunity......... ............... ...............-.........1
Section2. Loyalty at .................................................................................16
Section 3. Residency Requirements and Use of City Vehicle .... ....... ............1
Section 4. Compliance with the Immigration Reform and Control Act of 1986 17
Section 5. Affirmative Action .......... ..................-....--- .................--...........17
Section 6. Ethics ............. .............. ........ ...............17
Section 8. Safety..............: ........ ...... ........ ......20
Section 9. Gratuities/Solicitations., ....t........ ........:w: ,.....::..a........-...:::...........21
Section 10. Outside Employment and Volunteer Activities...............................21
RULE 4. RECRUITMENT AND SELECTION........ ...........................................23
Section 1, Policy Statement ..........................................................-.........--23
Section 2. Application Forms............................... ..................- ..............-...23
Section 3. Recruitment and Selection Process ............................ .................23
Section 4. Examination Results..... ... ...... ........................-24
Section 5. Screening of Applicants..... ...... ...--.... ................ ...24
Section 6. Offer of Employment .....................................................................25
Section 7. Eligible Lists ............-- ..--........ ..........--- ...... ..---....- ...25
Section 8. Hiring of Relatives .........--.......... .................. ...-...-----.-25
RULE 5. APPOINTMENTS, STATUS, AND PROBATION...............................27
Section 1 Types of Positions................................. .............................-- .....27
Section 2. Employee Status ..... ..... ..: ............... ..................... ......-...........2
Section 3. Attainment of Status.......................................................................28
Section 4. Probation ........................ .................................--........------...29
Section 5. Duration of Probation ...--... .................... ---...30
Section 6. Effect of Status on Employee Rights and Privileges.... ........ .........31
Section 7. Types of Appointments......-............... ..........- ..... ...------32
Section 8. Reassignments........................................................... -----32
Section 9. Exempt and Nonexempt Personnel ............. ......---33
RULE 6. CLASSIFICATION .............................................................................34
Section 1. Adoption, Amendment, and Revision of Plan ...............----.....34
Section 2. Classification of Positions ..............................................................34
Section 3. Reclassification of Positions.,..........................................---....-34
Section 4. Creation, Abolishment and Reclassification of Positions.......... .....3
RULE 7. EMPLOYEE RECORDS ........................... .........................................36
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Apache Junction Personnel Rules 2023
Section 1. Policy.... ............ ......... ...... ................. ................... ...................3
ection 2. Accessibility......... ............... ...... ;......:..: ..,........................ ...........36
Section 3. Contents of Personnel File., ......: :......:: .....;..:....,....,.... .........>.....37
Section 4. Status Changes.......... ........-.................... .....-- .. ........ ...........37
Section 1. Attendance.... ... ...:::...... --. .............:: ......: ........,;.......;. ...........3
Section2. Vacation Leave .................: ...... ::>..... : .................. ...... .............3
Section 3. Sick Leave.....:. .................. ......:.:,........ .....,:..........: ....................3
Section 4. Workers' Compensation..... .................. .......................................43
Section 5. MilitaryLeave................................................................................43
Section 6. Leave of Absence without Pay...........................................---....44
Section 7. Leave with Pay. ............................................................................4
Section8. Jury Leave.....................................................:........;........ .............45
Section . Subpoena Leave..........................................:;:,.......a .,..,..;..,...... .. 5
Section 10, Administrative Leave.... :..... .::.......:. .....:. :........:.. ....::>.......:...4
Section 11. Bereavement Leave ;.......:.;..... ............. .......;...,..::::.,.. ;.::.,.....;;...46
Section 12. Holidays ........ ................ . .................. ...... ........... ................. ..47
Section 13. Birthday Leave ......;.............................. .......................................4
Section 14. Rest Periods..... .................. .................. ................; ....................4
Section 15. Family and Medical Leave Policy..................................................4
RULE . OVERTIME ............ ...... .......... ................:: ....... ........ . ............... ..
56
Section 1. Policy............-- ......--- ... >.......,.......:. ........,......... ,...................
56
Section 2. Exempt and Non-covered Employees........ .;........::;; -56
Section 3. Work Period...... .................. .................: .,...............: ....................56
Section 4. Overtime Accrual............................................................................57
ection 5. Hours Worked .....................................:..........................................57
Section . Calculation of Overtime....... .................. ....... .......... ...... .......... ..60
Section 7. Compensatory Time in Lieu of Paid Overtime............ ...................6
Section 8. Payment of Compensatory Time at Termination of Employment ...61
Section 9. Substitution of Work Hours between Employees........ ...................61
Section 10.Travel Time ., .... ..... :......:..... ..:.............. .... ................ ..............62
RULE . PERFORMANCE REVIEW........................ ................. ....................
63
Section1. Purpose.,.......... .................... ............... .................... .................
Section 2> Performance`Reporting Requirement during Probation...- .............63
ection 3. Performance Review Requirements Following End of rob tion-63
Section4. SalaryIncrease .................. .................. .................. >.>.............. ..63
RULE 1. _ I ....... ................... ..................
64
Section 1. Purpose. .........: .................. .................. .................. ....................64
Section 2. Policy Statement................. ................... ................. ....................64
Section 3. Over-the-Counter or Prescribed Medications;.........-....................65
ection4, Types of Authorized Drug and Alcohol Testing ............ .................65
Section . Policy Violation.........................--.................................................6
Section 6. Employee and Applicant Consent For .........:...............................69
Apache Junction Personnel Rules 2023
Section 7. Rehabilitation................................ .................. ....................... ...70
Section 8. Searches ........................................................... ..........................70
Section 9. Confidentiality .............. ............ .................... ...... ..... ................70
Section 10. Employee Responsibilities ............................. .............................71
Section 11. Management Responsibilities ................ .......... ...........--...........71
Section 12. Drug and Alcohol Testing Methodology.........................................72
Section 13. Test Results .................. .................. ........... ...........- ......73
Section 14. Commercial Driver's License Holders............................................73
RULE 12. POLICY AGAINST DISCRIMINATION.............................................74
Section 1. Policy Statement ............. ......... .......... ........................74
Section 2. Initiating a Discrimination or Sexual Harassment Complaint...........75
Section 3. Investigation Procedure.... .......................................76
Section 4, Discipline........;:,...... ........ .............--... ............. ...77
Section 5. Reprisals Prohibited ........................................- .. .......... .....---.77
RULE 13. POLICY AGAINST VIOLENCE IN THE WORKPLACE ..................78
Section 1. Policy Statement.................. .................. .......................................7
Section 2. Prohibitions................. ....................................................................78
Section 3. Applicability ............ ......... ........ ..........--... ....................78
Section 4. Initiating a Complaint Involving Violence in the Workplace .............7
RULE 14. FRATERNIZATION POLICY ............................................................79
Section I. General Information. .... ....- ....... ............................-.................79
Section2. Policy ....................................................... ..... .............. ...........--79
Section 3. Reporting Requirements ......... ...................... .............. ...... .....-79
RULE 15. POLITICAL ACTIVITIES.............................................................-...80
Section1. Purpose............. ...... .......................... ................. ....................
Section 2. Policy Statement ..................................................... ......................80
Section 3. City Council Elections..... ................................................ ...............80
Section 4. Other Candidate Elections ............... ......................... ....................81
Section 5. Retaliation Prohibited ........- ............ ...82
Section 6. Other Permitted Activity. .... ......----...... .......... ----82
Section 7. Protection of Civil Liberties...................... .......---- --...--83
RULE 16. DISCIPLINE......................................................................................84
Section 1. Disciplinary Actions..... ......................... ..............---84
Section 2. Grounds for Discipline.........--............... ..... ...--....--.84
Section 3. Written Reprimands .................................. ...... ........ .........----.85
Section 4. Pre-Disci pli nary Meeting .......... ............ ......--....--...-86
Section 5. Notices of Suspension, Demotion, or Termination ................ ........87
Section 6. Taking Disciplinary Action .......--...................... ........ .......... ........88
RULE 17. GRIEVANCE AND APPEAL PROCEDURES ..................................89
Section 1. Purpose of Grievance and Appeal Procedures ..................----89
Section2. General ............ ..................................... ......................................89
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Apache Junction Personnel Rules 2023
Section 3. Prohibited Grievances and Appeals .......... .................. ...........90
Section 4. Grievance Procedure .... ..........____.... ............................ .......-90
Section 5. Time Computation_ .........__.... ..... ......__......... ............,91
Section 6, Appeal Procedure....................... .._ ................. ..............92
Section 7. Time Extension................. ............ .................. ...... ........ . _... .........92
.RULE 18 RULES FOR HEARINGS BEFORE A HEARING OFFICER............93
Section 1. Hearing Officer............................................... ...... ....93
Section 2. Right of Appeal ....................._................._...... .....93
Section 3. Time of Hearing............. .................................._......... .......__93
Section 4. Pre-Hearing Statements............................. ...__93
Section 5. Pre-Hearing Conference ............... ........ ..... _..._94
Section 6. Subpoenas ....... .......... ............. ........ ................... ...__ .......94
Section 7. Continuances .......................... ..............................._..................._95
Section 8. Appeal Hearings...................................._......__............... ...........95
RULE 19. SEPARATION OTHER THAN DISMISSAL......................................98
Section 1. Layoff.. ...............__ ................___........_....98
Section 2. Resignation .... .. .....___ ........___ ........... ....................99
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Apache Junction Personnel Rules
PolicyRule 1. Policy and General Purpose
Section 1.
These personnel policies for the City of Apache Junction (hereinafter referred
to as the"City„ have been designed, revised, approved and implemented in
order to provide each employee of the City a clear and thorough
understanding of the policies by which the City strives to operate, and the
conditions under which employment ith the City is accepted or continued.
Knowing the responsibilities, rights and privileges under these rules to
optimize employee working conditions and will result in professional, safe,
enjoyable and efficient workplaces
Section 2. Purpose
The Personnel Rules are enacted to provide:
uniform system of personnel administration; and
. A means of communication with department directors, supervisors, and
employees; and
3. Protection and clarification of the rights and responsibilities of all
employees-, an
framework for consistency and fairness in recruitment, selection,
placement, promotion, retention, termination and separation of City
employees based upon employees'qualifications for a position, an
. A tool to assist managers in the development of sound na e ent
practices and procedures; and
. A meansof protecting the legal interests of the City in compliance with
federal and state laws,
Apache Junction Personnel Rules 202
Section , Interpretation, Administration
Sggpe
These policies and procedures apply to all employees of the City of
Apache Junction except where specifically stated otherwise in the City
Code, in these personnel rules, or in the case of the City Manager, City
Magistrate and City Attorney in an employment agreement, and any other
employee whose employment is by employment agreement henceforth.
These policies and procedures do not apply to none ployee positions as
defined in the City Code, including elected officials; members of boards,
committees and commissions; persons engaged by the City on a
contractual basis; volunteer personnels and other personnel whom the
Council may designate.
trbretation and Ad Inistratic�n
The Human Resources Director is responsible for the interpretation an
administration of the personnel rules.
In the event the Mayor declares a City emergency/disaster, parts or all of
theseRules may be suspended and temporary operating procedures may
be established in their places
In the event of conflict between these policies and procedures and state,
local, or federal law, the terms and conditions of the state,local, or federal
law shall prevail. The City may modify its practices as appropriate upon
knowledge of an amendment or enactment of a laver that may pertain to
employment.
Amendments
Amendments to these rules may be proposed to the City Council through
the City Manager or Human Resources Director. The City Council may, at
its sole discretion by ordinance and/or resolution, amend or repeal these
rules pursuant to a public hearing agenda item at a City Council Meeting.
Amendments to these rules become effective upon their adoption by the
City Council, or as otherwise designated by the City Council,
Apache Junction Personnel Rules 22
Rule .
Definition of Terms
The following terms, whenever used in the rules, shall be defined as follows:
Accrual -The periodic and incremental accumulation of time or wages.
Activet - The status designation for any period of time when an
employee is eligible to receive pay directly from the City including, but not
limited to: hours worked, paid time off, and paid leave.
Administrative it - Paid leave given at the discretion of the
department Director and with HR Director approval, usually granted during an
investigation into improper conduct.
Alcohol - Ethanol, isopropanol,ormethanol; and an organic compound
containing one of more hydroxyl groups.
AnniversaryThe date on which an employee began employment.
Appointment-The act of filling a position.
Arizona Revised t t - laws adopted, enacted eramended y
the Arizona State Legislature.
Arizona State it t System (ASRS) - State agency which provides
retirement benefits, long-term i s ility benefits, and other benefits to
employees of political entities,
Assignment Pay - Pay provided to eligible employees as compensation for
performing a special duty or assignment.
At-Will Employment-The status of an employee who serves at the
discretion of the City Manager and may be terminated from employment ith
or without notice and with or without cause, with no administrative right of
appeal.
Base Rate-The basic hourly rate or hourly equivalent) applicable to an
employee that does not include any:additional orspecial pay that may be
applicable to work performed by an employee.
Benefit(s) Non-monetary programs made available to eligible employees,
the cast of all or part of which may borne by the City.
Birthdayv flexible paid day off in recognition of an employee's
birthday; such time off is granted at the convenience of departmental needs,
Apache Junction Personnel Rules 2023
Career Status— Employes who serve a probationary period:
City City of Apache Junction,
City i ; Business directly related to the City, anemployee's
performance of job duties, or participation on boars and commissions
affecting or dealing with City functions
City r-The chief executive officer oft e City who is appointed by the
Mayor and City Council pursuant to City Code. As used in these rules, the
ter ,City na'er" ay also mean one or more subordinate management
employees designated by the City Manager to perform a specific
management function on behalf of the City Manager, referred to as
"designee" or"designees".
Class -A position or group of positions sufficiently similar in duties and
responsibilities that the same or similar requirements for education,
experience, knowledge, ability, and other qualifications may be required so
that the same compensation schedule can be applied.
Classification t -The date on which an employee was appointed to a
title.
Classification l -The list of classified titles.
Classified t l i i iEmployee positions with the City
other than appointed/elected officials and those designated as non-classified
such as the City Manager, City Attorney, and City Magistrate.
Commercial Driver's is -A specified type of driver's license require
to operate large, heavy, or placarded hazardous material vehicles in the
United States in commerce,
Compensatory i -Those hours worked in excess of forty (4 hours for
the seven (7) day work period and accrued, rather than compensated as
overtime, in the employee's compensatory bank to be used for authorized
time offb
Consolidated i ili tiAct of 1986 as amended
( - Federal law which provides employees and their families who lose
their health benefits the right to choose to continue group health benefits
provided by their group health plan for limited periods of time.
Corrective Action -The supervisory techniques of documented oral
counseling, written re riand and formal disciplinary action.
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Apache Junction Personnel Rules 22
Day(s) -- Calendar days unless otherwise noted.
Demotion -The appointment of an employee from a position in one class to a
position in another class assigned a lower salary group.
Department Director-The head of a department and includes any
appointed official who serves as a department director(e.g. City Manager,
City Attorney,and City Magistrate).
DesigneeEmployee authorized to perform a function with or on behalf of
another employee.
Dism i l r i nation -A separation from employment for cause initiate
by the City.
Drugs/Controlled Subt -The terms"drugs" and "controlled
substances" are interchangeable and have the same "meaning. Unless
otherwise provided, drugs and controlledsubstances include but are not
limited to: barbiturates, cocaine, opiates, (heroin, codeine) pro oxyphene,
amphetamines (including etha pheta ine), benzodiaze ines (Valium,
Librium), methadone, phencyclidine(PCP), methaqualone, and cannabinoids
(T b
Employee -A person working for the City for compensation (wage,sal
stipend)who occupies a position subject to appointment, promotion,
demotion, dismissal, separation or removal except for City Council Members,
Employeei c r -An Employee Assistance Program
( ) is a work-based programthat offers free and confidential assessments,
short-term counseling, referrals, and follow-upservices to employees who
have personal and/orwork-related issues.
Eligible i -A list of qualified persons that may be considered for
employment.
Employee Self Service ( -Aweb-based application that allows
employees to securely access personal information, pay and tax information,
and benefit open enrollment.
Equal Employment Opportunity (EEO) Equal employment opportunities
are provided to all employees and applicants foremployment ithout regard
to race, color; religion, sex, national origin, age, disability, sexual orientation,
ender identity or expression, sexual preference or status as a veteran in
accordance with applicable federal laws.
Apache Junction Personnel Rules 22
EmployeeExempt -An employee who, clue to the nature of the duties of
their position with the City, has been determined to be exempt from the
minimum wage and overtime provisions of the FL SA,
Extendedit _Member—An extended family member is defined as.-
In-laws: daughter in-law, son in-law, mother in-law, father in-law, brother
in-law, sister in-law; stepchildren, step parents in-law, step siblings,
grandparent" or grandchild of an employee.
Fair Labor Standards Act - Federal law that
}provides minimum standards for both wages and overtime entitlement and
describes administrative procedures by which covered work time must be
compensated.
Family is I Leave Act ) - Federal law which allows eligible
unpaid leave related to the medical care for the employee or employee's
family member.
Fiscal Year" applied to the City,the one-year period from July 1 to the
following June 30.
Floatingl A flexible paid day off with the purpose of acting as a
substitute for a public holiday; such time off is granted at the convenience of
the department needs.
Grievance-An official statement of a complaint in response to a"disciplinary
action believed to be wrong or unfair:
Hiring Authority -A management level employee who is authorized to make
decisions regarding the recruitment, selection, and hiringof employees by an
appointed official or designee,
ResourcesHuman it t r-The Department Director and/or their designee
who administers the provisions of the Personnel Rules, Administrative
Procedures and City policies.
The Human Resources Director is responsible for, but not limited to:
interpreting personnel rules and regulations, the authority to review the hiring,
firing, transferring, promoting, demoting, suspending, resignation, separation,
and reinstating of employees, management of the classification an
termination, compensation system, the performance evaluation system,
maintenance of employee records and employee welfare through employee
assistance programs.
Apache Junction Personnel Rules 202
Immediate it - Unless otherwise noted in specific sections of
the personnel rules, an immediate family member is defined as.
a) The biological parent of an employee, an individual who steed in place
of the parent to that employee, or an employee who has day-to-day
responsibilities of caring for a child.
au ter or on: A biological,adopted, or foster child; a stepchild; a
legal ward; or child of a person standing in the place of a parent who is
under eighteen( 8)years of age or eighteen (t years of age or older
and incapable of self-care because of mental or physical disability.
c Souse: 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
artnersa
Insubordination -The failure to comply or refusal to follow lawful directives
of a supervisor or another administrative authority.
Job Description -A written statement of the characteristic duties,
responsibilities, and qualification requirements that distinguish a given class
from other classes,
- The separation of an employee occurring when a position in the
classified service has been abolished, or when there is a Reduction in Force
( IF).
Non-classifiedIEmployee positions not included in the
classified service are non-classified employees. Persons in non-classified
positions are at-will employees. on-classified positions include:
A. City Manager
B. City Attorney
C. City Magistrate
D.
ter Contract Employees
E. Part-time, temporary and intern employee
Non-Exempt _ 1 -An employee who, due to the nature of the duties
of their employment position with the City, has been determined to be non-
exempt from (covered by) the minimum wage and overtime provisions of the
F
Overtimer - Eligible hours in excess of the established number of
hours for the established work period,
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Apache Junction Personnel Rules 22
GradePay -The numerical grouping of one or more job titles based on
cmpensable factors.
Performance Review -The periodic evaluation of an employee's work.
Personnel i -The hard copy and/or digital file maintained by the Human
Resources epart ent, which contains all original personnel-related
information for each City employee.
Probation Period A specific eriod of time following an initial, promotional,
re-employment, transfer or demotion appointment which is awork-test period
for the employee and during which the employee is appointed one trial basis,
Promotion -The appointment of a career status employee from a position in
one class to a position in another class with a higher sal.ry group
assignment,
Public Safety Personnel Retirement System { - State agency
which provides retirement benefits to public safety personnel, as cited in
these rules as P
Reasonable Accommodation modification or adjustment to a job, the
work environment; or the way things are usually done during the hiring
process as defined in Title l of the Americans with Disabilities Act A A).
These modifications enable an individual with a disability to have an equal
opportunity not only to get a job, but successfully perform their job tasks to
the same extent as people without"disabilities.
Reasonablei -A belief based can specific, objective facts,
and reasonable inferences drawn from... those facts, that suggest an employee
is using drugs or alcohol while on the job or is under the influence of drugs or
alcohol while on the job.
Reclassification -The process of allocating positions to a more appropriate
class whether new or existing in the classification plan as a result of material
changes" in the duties of the position,
Rehire-The appointment of a former e ployee,
Reinstatement -The appointment of a person from layoff list,
Resignation -A separation from service initiated by the employee.
Separation - Ending employment with the City by reason of unsatisfactory
completion of the probationary period, lay-off, resignation, retirement,
dismissal, termination, or death.
Apache Junction Personnel Rules 2023
i - Time off with pay formedical/illness related instances granted
by the City to employees.
"
Supervisor/Manager-An employee whose job description includes the
authority and responsibility to exercise supervision and manage work
assignments of other employees.
Suspension—The temporary separation from employment of an employee
with or without pay for disciplinary purposes.
Swornr l - Individuals hired into certified public safety positions(e.g.
police officers),
Time-off -An employee request for paid time off.
Transfer- The appointment of an employee to another department and from
e position in one class to a position in the same class.
AbsenceUnpaid -An absence other than one resulting` from the use of
accruals, paid emergency absences, or other "aid leaves of absence.
Vacation -Time off with pay for rest leisure granted by the City to employees;
such time off is granted at the convenience of the department needs.
Work Period -The fixed and regularly recurring seven 7day period of
Saturday at 12: 1 A.M. to Friday at 12:00 Midnight upon which overtime
compensation may be calculated.
Written Reprimand -Written disciplinary notice issued to are employee,
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Apache Junction Personnel Rules 22
SectionRule 3. General Provisions
l Employment Opportunity
The City of Apache Junction provides equal employment opportunities, in
accordance with applicable local, state, and federal laws, to all employees
and applicants foremployment ithout regard to race, color, religion, sex
(including gender identity, sexual orientation and preference, and pregnancy),
national origin, age, disability, or status as a veteran in accordance with
applicable federal laws,
-Non-Discrimination
The City complies with applicable state laws governingnon-discrimination
in employment. is policy applies to all terms and conditions o
employment, including but not limited to, hiring, placement, promotion,
separation, termination, layoff, recall, transfer; leaves of absence,
compensation and training:
The City also provides equal treatment for disabled employees who can
perform with accommodation the essential tasks of the position that are
bona fide occupational qualifications of the position when such
accommodations do not impose an undue hardship on the City.
Equal Employment OpportunityProgram
The Human Resources Department is responsible for the administration of
the EEO programand shall undertake the following actions to ensure equal
employment opportunities in the City:
A. Periodically review all position qualifications and descriptions to ensure
requirements are relevant to the tasks to be performed and make
recommendations as needed to delete requirements not reasonably
related to the tasks to be performed.
B. Ensure that pay and benefits depend upon position responsibility and,
along with overtime work, are administered on a non-discriminatory
basis.
C. Inform and provide guidance to staff and management personnel who
make hiring decisions so that all applications for selections, promotion
and termination, are considered without discrimination and all
applicants be given equal opportunity regardless of race, color, national
origin,sex, age, disability, sexual orientation and preference, gender
identity or expression, or status as a veteran in accordance with
applicable federal law.
Apache Junction Personnel Rules 223
D. Create a peal of qualified candidates to encourage diversity and ensure
equal employment opportunity in hiring.The following recruitment
practices will be followed udder the EEO Program:
1. Positions selected for an external competitive recruitment'process
will be open fora minimum of fourteen 14 calendar days.
2, Positions selected for an external competitive recruitment process
shall be advertised tot e broadest audience available and
appropriate for the position to include web-based employment' sites.
E. Make available the EEO policy to employees, contractors and
suppliers.
F.`Include an EEO phrase on applications and job announcements in
accordance with Federal and State labor laws.
Section
l employees are required to sign a loyalty oath (Oath of ice) upon
employment with the City as required by ARS § 38-231.
Sectionidency Requirements and Use of CityVehicle
Residency
All employees are encouraged to reside within the corporate limits oft e City
of Apache Junction;
The City ana er, City Attorney, Director/Police Chief, Captains, Public
Works Director and other persons the City Manager may specify are
designated to be key emergencypersonnel and are required to live within a
1 - mute response time to their work location.
Police officers, Corporals, Sergeants, and Lieutenants, are required to live
within a 25 minute response time to the police department. On a case-by-
case basis, upon Britten recommendation of the Director/Chief of Police; the
City Manager may provide a written waiver of this requirement for Police
Officers, Corporals, Sergeants, and Lieutenants. Such waiver will be placed
in the employee's personnel file.
Use of City Vehicle
Key emergency personnel shall have the use of a City ehicl /7.
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o employee who resides outside the corporate limits of the City, except for
key emergency personnel or designated by the City Manager in writing, shall
have the use of a city vehicle for ether than regular working hours. A coy of
such designation shall be placed in the employee's personnel file.
Sectioniance with the ImmigrationReform
of 1986
All U.S. employers are responsible for completion and retention of
Form 1-9 for each individual they hire for employment in the United States.
This includes citizens and noncitizens, Acceptable documents are listed on
the back of the form. if the required documentation is not received from the
employee within three business days of the date of hire, the employee
shall be terminated.
Section 5. Affirmative i
In the City, an affirmative action program eans using a personnel system
designed for inclusion of otherwise qualified workers in personnel actions,
regardless of race, religion, age, sex, physical handicap, color, national origin,
sexual preference or orientation, or political or religious opinion or affiliation.
The City utilizes both external and internal dissemination of EEO policies and
job opportunities, targeted recruitment if necessary, non-preferential training
programs and internal reviews and evaluation of operations.
EthicsSection 6.
It is the policy of the City to expect, uphold; promote, and demand the highest
standards of conduct from all of its employees. Accordingly, all City
employees should maintain the utmost standards of personal integrity,
truthfulness,honesty, ethics, and fairness in carrying out their public duties,
Employees of the City shall uphold the Constitution, laves of the United States,
State of Arizona;, and the City, and shall also be.
1. Honest and trustworthy in what they say, do, and write in all
professional relationships.
2; Dedicated to providing quality services by being cooperative and
constructive,and by making the best and "most efficient use of available
resources.
Apache Junction Personnel Rules 2023
3. Fair and considerate in the treatment of citizens and fellow employees,
providing service with equality,and granting no special favors.
. Committed to accomplishing all tasks in an efficient and cost-effective
ay, and never performing in a way that will harm the image of the City,
6. "Recognizing that public and political policy decisions are the
responsibility of the City Council, the people elected to represent the
citizens.
6. Dedicated to improving the lives of the citizens of the City.
Conflict-of-Interest
Employees should avoid any improprieties, real or perceived, in while
conducting City business, and never use their City position or powers for
personal gain.
It is unethical for any employee to use public influence or"inside"
confidential information for his/her personal advantage. City employees are
required to comply with conflict-of-interest laws under ARS Title 38. An
employee and/or supervisor shall contact the City Attorney for guidance if
there is any concern regarding a potential conflict-of-interest.
n employee must never allow him or herself to be placed under any kind of
personal obligation which could allow any person to expect official favors.
All employee official acts must be free from the intent of favoritism,
prejudice, personal ambition, or partisan demands,
Interest in Appointments
Employees should not canvass the Mayor or Council members, directly or
indirectly, in order to obtain preferential consideration in connection with any
appointment to a City job.
Preferential Treatment to Individuals
Granting any special consideration, treatment, or advantage to any citizen
beyond that which is available to every other citizen is prohibited.
1. Disclosure of Confidential Information
The City i t in confidential materials of various kinds ixe., financial
records, personnel data and administrative/legal opinions,) designated
as confidential by the City Manager or his/her designees
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All employees are expected to assume responsibility for safeguarding
City records, equipment, property, and other materials.Access to certain
material is based upon gob classification and a need-to-know basis.
Appropriate confidentiality will always be maintained.
2. Representing private interest before City agencies or courts
o person whose salary is paid in whole or in part by the City shall
appear on behalf of private interests before any agency related to City
activities. They shall not represent private, business, and/or financial
interests in any action or proceeding against the interest of the City i
any litigation to which the City is a party.
3. Interest in Contract with the City
o employee of the City shall have any interest in any contract made by
them in their official capacity.
Section Personal Conduct
A relaxed and friendly atmosphere at work is encouraged as conducive to
productivity, teamwork, and morale, However, human dignity and personal
safety shall not be compromised,
I. Employee Behavior
All employees shall treat each other, their supervisors, subordinates, the
citizens and visitors with the utmost dignity an respect. The following'
acts will not be tolerate
A. Physically harming others.
B. Verbally abusing others.
C. Insubordination, inappropriate; threatening or offensive language.
D. Using intimidation tactics and making threats.
E. Sabotaging another's work.
F talking others.
G. Making alicious false and harmful statements about others.
Publicly disclosing another's private information.
1. Sullying
Harassment can take many forms and includes any behavior that has
the purpose or effect of bullying or of creating an intimidating, hostile or
offensive work environment or interferes with an ividual's work
performance.
Harassing conduct includes but is not limited to: using derogatory
nicknames or slurs; negative stereotyping; behaving in a threatening or
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intimidating way; and verbal or physical conduct that degrades or shows
hostility or hatred toward an individual.
. Appearance of Work Areas
Work areas are to be kept neat and presentable in the interest of safety
and efficiency, presenting professional appearance at all times forco-
workers and visitors alike:
Use of City Vehicles and Equipment
City vehicles should be used only for City business and should not be
used for personal errands.Employees operating City vehicles and
equipment are required to comply withall state and local traffic laws:
Safety belts must be orn while riding in or driving a City vehicle. If
safety belts are inoperable or are not provided, employees should
immediately contact the fleet supervisor and report any safety
deficiencies. Use of cell phones, textin , or reading incoming messages
while operating a City vehicle is prohibited.
. Care of Personal Belongings/City Supplied Items
The City does not assume responsibility for the loss of personal money
or belongings, nor is it covered by insurance for such loss. Therefore,
each employee needs to protect their personal belongings while at work.
The City may provide certain clothing, clothing allowances, equipment,
and other items for designated positions to aid an employee to perform
assigned uties. It is the responsibility of the employee to wear, use, and
maintain City-provided materials..
Section
The City of Apache Junction is committed to provide employees, a safe an
healthy working environment.The City makes every effort to comply with
relevant federal and state occupational health and safety laws and to develop
operations, procedures, technologies and programs conducive to a safe and
healthy work environment.
The ity's goal is t ►minimize health and safety risk exposures to employees,
to the citizens, and to visitors to City facilities. All Cityemployees are
expected to work in a manner which maintains safe and healthy working
conditions and adhere to operating practices and procedures designed to
prevent injuries and illnesses.
Each employee has a responsibility to:
• Exercise maximum care and good judgment at all times.
• Report all injuries to supervisors and seek first aid regardless of how
minor,
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Apache Junction Personnel Rules
• Report unsafe conditions, equipment, or practices to his/her
supervisor.
• At all times use safety equipment provided by the City.
• Conscientiously observe all safety rules and regulations
• Notify his/her supervisor, before beginning the workday, of any
medication he/she is taking which may cause drowsiness or other side
effects that could lead to injury to either him/herself or to his/her co-
workers.
Section Gratuities/Solicitations
Employees should not accept external gifts, loans} gratuities, discounts,
favors, hospitality, services or other compensation under circumstances from
which it could reasonably be inferred that a major purpose of the donor is to
influence the employee in the performance of duties.
Examples of acceptable courtesies include a meal or social event when
representing the city; floral offerings or gifts of food to commemorate events
such as illness, death, birth, holidays, promotions; or a sample or promotional
gift of nominal value ($25 or less .
OutsideSection 10. lunteer Activiti
Outside Employment
Outside employment shall not conflict with the position held in the City, this i
to include but is not limited to work performance, ethics; and scheduled hours.
. Outside employment with an entity that conducts business with the City
or requires the employee to have frequent contact with entities that
regularly do business with the City without full disclosure and
satisfactory ana e ent of any potential conflict of interest.
2. Outside employment that cannot be accomplished outside of the
employee's normal working hours or is otherwise incompatible with the
performance of the employee's" duties by placing the employee in a
position of conflict between the employee's role at the City and the
employee's role in the outside employment.
3. Performance of work for any governmental entity within the State of
Arizona without the written consent of both employers,
Apache Junction Personnel Rules 2023
. Outside employment that exploits official position or confidential
information acquired in the performance of official duties for personal
gain.
. Outside employment that the public mayview as work on behalf of the
City.
n exception to restrictions on outside employment pertain to the Public
Safety Department. Outside employment of sworn police officers must
conform to Police Department Policies and Procedures.
Due to the importance of the public's perception of the governmental system,
the City requires that all employees who engage in outside employment
disclose such work to their Department Director, who will notify the Human
Resources Director if appropriate. Outside employment is subject to review
for conformance tothese personnel rules. Employees engaged in outside
employment determined not to be in conformance may be required to cease
such employment.
Career status employees are to consider the City of Apache Junction as the
primary employer,
Volunteer Activities
Employees are encouraged to engage in volunteer activities. However,
employees should evaluate their volunteer activities in the same manner as
outside employment to identify any potential substantive or ethical conflict
with the employee's position with the City.
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RecruitmentRule 4.
Section . Policy
This section is to describe the process for recruiting to fill open positions. The
filling of all vacancies will be made with the objective of obtaining individuals
who are qualified and best suited to perform in the positions for which they
have appliedr
Section 2. Application
All applicants for positions must complete an electronic application through
the ity's talent acquisition software found on the City's HR webpage.
Human Resources will provide reasonable accommodations and assistance
for applicants to complete their online application. Electronic applications
submitted by the person become the property of the City. Resumes, may be
attached to an application but will not be accepted in lieu of a fully completed
application, except as pre-determined for a recruitment conducted by a third-
party.
Section . Recruitment and Selection Process
When a vacancy exists or is anticipated for an existing osition, the
Department Director or hiring Supervisor shall submit a recruitment request to
the Human Resources Director. The request is initiated by completing a
requisition through the Ci 's talent acquisition program.
Vacancies for regular and temporary, full-and part-time classified and
unclassified positions may be filled by an external competitive recruitment
recess or an internal competitive recruitment process. The Human
Resources Department and the hiring department will work together to
develop recruitment and selection strategies for each vacant position. The
Human Resources Department is responsible for ensuring compliance with all
applicable laws and policies regarding recruitment, shall conduct all
recruitment processes and retain all recruitment records.
Positions selected for an external competitive recruitment process will be
open for a minimum of fourteen 4 calendar days.
Positions selected for an external competitive recruitment process shall be
advertised tote broadest audience available and appropriate for the
position.
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Any city employee may apply for positions posted as external recruitments.
Positions selected for internal competitive recruitment process will be opened
for a"minimum of seven calendar days.
Probationary employees may apply forappointment to a vaunt position with
the approval of their department director.
The selection process may consist of, but is not limited to, drug and alcohol
pre-employment screenings, consumer background reports, evaluation of
application material, interviews written examinations, performance tests,
assessment centers, physical ability tests,probation periods,or any ether
appropriate measure of fitness.
Sectioni i
Unless otherwise stated in the testing service agreement, candidates may
inspect their own examination papers:
Each candidate in an examination shell be given notice of examination
results
Sectionr iApplicants
The Human Resources Division shall refer all minimally qualified applications to
the appropriate Department Director or designee for review. Non-qualifying
and/or incomplete applications will remain in the talent acquisition program and
will not be considered in the recruitment process,
Minimum ualications
Applicants for appointment, promotion, or transfer to positions must
possess the minimum qualifications stated in the job announcement. The
determination as to whether a person meets the specified minimum
qualifications set for the position shall be made by Human Resources. A
review of the applicant's employment plication, academic credentials,
work experience, certifications, skills, examination results if required; and
any other pertinent information shall be used in determining whether an
applicant possesses the minimum qualifications.
Apache Junction Personnel Rules 223
Section
All offers of employment ill be made exclusively by Human Resources,
except for those positions filled through appointment by the City Council such
as the City Manager, City Attorney and City Magistrate. Human Resources
will notify e a ent Directors, hiring upervisors or designees as soon as
an offer has been accepted, pre-employment screenings have been
completed and a reporting date has been arranged.
SectioniLists
Qualified applicants who apply for a position but are net selected may be
placed on an eligibility list for the position they applied for and/or for another
related position within the city.The related position must be in the same or
lower pay range than the position for which the candidate applied. Example:
The Administrative Assistant eligibility list may be used to fill an Office
Support Specialist, but not vice versa.
Candidates placed on an eligibility list for a position may be eligible to be
interviewed for that position or a related position at a lower pay range, should
it become available, without having to reapply. The list will be kept on file in
Human Resources for six (5months from the date the position closed,
Human Resources mayexten the expiration of the eligibility list for an
additional six months upon a DepartmentDirector's request.
The name of any person appearing on an eligible lists all be removed by the
Human Resources Director if the person whose name on the list makes
written request to have it removed, or if the eligible person fails to respond to
a notice of eligibility ailed to the last known address of record.
SectioniriRelatives
o active City Council Member, City Manager, City Attorney, City Magistrate,
or Department Director, shall appoint or be involved in the decision to hire any
immediate family'member or relative, related within the third degree of affinity
(marriage)or consanguinity (blood), as defined in and
Administrative Code R2-5A-305, to include a spouse, child, parent,
grandchild, grandparent, sister, brother, great grandchild, great grandparent,
aunt, uncle; nephew, niece or first cousin, to a position in the City of Apache
Junction.
Immediate family oremployees who reside in the same household will be
allowed to work in the same department, and neither will be required to
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transfer or terminate employment, as long as neither is in a position that
requires supervising the other
If a supervisory responsibility is involved, Rule t . Fraternization Policy
plies, and the affected employees will determine which of them will transfer
or resign in order to ensure compliance with this"policy. The City will assist in
exploring transfer opportunities to like or similar positions for either employee.
If no transfer opportunity exists after 90 days, one of the employees will be
required to resin employment with the City;
Should a supervisory employee marry a subordinate employee, both
employees shall report the marriage to the next higher up supervisor in the
chain of command and the Human Resources Director. Failure to do so is
grounds for discipline, up to and including termination.
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Apache Junction Personnel Rules 2023
Rule
ntments
PositionsAppo , Status, and Probation
Section 1. Types of
All positions in the City service shall be identified by duration and position
characteristics.
A. Duration
. Unlimited' position.
A position which has no specified ending date,
. Limited position
position that has a specified ending ate: Examples are positions
created, on a temporary basis;to replace an employee on leave
without pay or positions created to meet a seasonal need.
B. Position Characteristics
. Full-time
position in which an employee is generally scheduled to work forty
40 hours per week.
2. Part-time
A position in which an employee is generally scheduled to work less
than forty hours per week.
. Seasonal
position in which an employee is employed to meet regular rein
seasonal nee s.
4. Temporary or Pera Diem
position in which an employee works as needed.
5. Contractual
position in which an individual receives compensation and other
benefits per a contract.
Apache Junction Personnel Rules 202
forty (4 ) hours per week or the equivalent in compensatory hours; or as
provided in these Rules (see Section 6, Calculation of Overtime), A work
period is defined as seven consecutive days which begins on Saturday at
12: 1 A.M. and ends the following Friday at 12:00 Midnight.
AccrualSection 4. Overtime
In situations where an employee begins work prior to, or after, his/her
scheduled starting time or ens work prior to, or after, is/her scheduled
ending time, credit shall not be given for increments of timethat are seven (7)
mutes or less. Increments of time greater than seven minutes shell be paid
or compensated tote nearest quarter hour,
HoursSection 5. r
Employment, under the FLSA, is defined to include all hours that an
employee is "suffered or permitted to work"for the employer. ours worked
also include time during which n employee loye is "necessarily required to be on
the employer's premises, on duty or at the prescribed workplace." The
following are examples of typical situations qualifying as co pensable hours
worked as provided by the LSA:
Call-Out Time
Any employee may be contacted and asked to respond to a situation during
hours they are not scheduled for work. Call-out occurs when a non-exempt
employee who is not assigned to an on-call status is asked to respond to a
work situation. Employees responding to a call-out will receive a minimum of
o 2) hours compensation.
Meal Periods
All employees that work in excess of six hours shall be offered a meal break
as ordered by the United States Department of Labor. The City requires all
career status non-exempt employees that work in excess of six hours during
a regular scheduled day to take at minimum a half-hour meal break.
Departments may require a one-hour meal break depending on department
needs and as needed to 'provide coverage. Employees are prohibited from
working through their meal break in'order to reduce hours worked in the
workday. Meal periods are not compensated when the following three
conditions are et:
1) the meal period must be at least 30minutes; and
2 the employee must be completely relieved of all duties; an
Apache Junction Personnel Rules 2023
(3)the employee must be free to leave the duty post (there is no
requirement that the employee be allowed to leave the premises or
work site).
On-call Time
If a non-exempt employee assigned on-call status is able to use the off-
duty time for his/her purposes, the hours will not be considered ere hours
worked.
If the employee is required to perform any work-related duties during on-
call time, the time will be calculated as hours worked.
The employee who is merely required to leave word where he/she can be
reached during on-call periods or is required to respond to a page and/or
other contact will not accrue hours worked for those time periods.
Employees who are assigned on-call status will receive compensation for
each hour served in an on-call status.
On-call compensation:
- $2.00 per hour
- The City Manager has the authority to adjust the compensation rate.
On-call compensation does not apply when the employee is required to
perform work-related duties during on-call time since that time is
considered hours worked.
If an employee is unable to use off duty time for his/her purposes as
outlined in the FLSA, those hours shall be considered hours worked and
not qualify for on-call status:
Voluntary Work
Employees who continue to work after their shift is over are engaged in
co pensable working time.
The reason for the work is immaterial as long as the supervisor"suffers or
permits" employees to work onthe City's behalf, proper compensation
must be paid. Once an employer allows the employee to work, or knows
that the employee is working, the employee must be compensated.
It is the supervisor's responsibility to make certain that unauthorized
overtime work is not performed. According tote FLSA, the mere
existence of a rule is not sufficient to avoid compensation for additional
hours worked.
Apache Junction Personnel Rules 2023
Supervisors who permit employees to work overtime without
compensation may be subject to discipline, Employees who work
unauthorized overtime may also be subject to discipline.
Waitinq Time
If a non-exempt employee has been assigned to wait for something to
occur his/her waiting time will be counted as hours worked; if the
employee arrives early, does not perform any work before his/her shift
starts, and merely waits to begin working, his/her waiting time will not
constitute hours worked.
Non-exempt employees, who are required to stand by ready for duty,
whether during the lunch period, during machinery breakdowns, or during
ether temporary work shutdowns, must be paid for this time.
Examples of co pensa le hours worked include but are not limited' to:
• Caring for tools that area part of principal activities,such as guns
and vehicles (unless also allowed for personal use) by police officers,
tools, and equipment for parks and streets workers.
• Charitable work requested or controlled by the employer.
• Emergency work/travel time.
• Fire drills and other disaster drills,whether voluntary or involuntary,
either during or after regular working hours.
• Training in regular duties to increase efficiency,
• Training programs required by the employer.
• Rest periods of twenty (20) minutes or less.
• Medical attention during orkin hours at theemployer's direction.
• On-call time where the employee must remain at the employer's
premises or which is se restricted that the employee is unable to use
the time for his/her own purposes.
• Travel time from theemployer's premises to the work site.
• Travel time between work sites during the normal" workday.
• Donning and doffing (puttingn and taking off work uniforms and
equipment)
Examples of time not considered hours worked for the purposes of overtime
compensation include, but are not limited to:
• Jury Duty Leave
• Military leave
• Bereavement heave
• Floating Holiday
• Birthday Leave
• Vacation Leave
Apache Junction Personnel Rules 262
• Sick leave
• Compensatory time
• On-call time
• Time spent before, after, or between reeler working hours:
• Noting time if outside the regular-scheduled hours of work:
Sectioni
When a nonexempt employee is on paid leave time, such time is not hours
worked for the purposes of calculating overtime,
However, holiday hours are considered hours worked for the purposes of
overtime calculations.
Sectioni in LieuiOvertime
The FLA permits the City to provide compensatory time in lieu of monetary
overtime compensation, at a rate of not less than one and one-half hour of
compensatory time for each hour of overtime worked. The calculation use
for compensatory time is the same as that generally used for calculating
monetary overtime.
Nonexempt employees may receive compensatory time in lieu of overtime
pay for hours worked beyond 40 hours in a seven-day 'work week.
Employees'may accrue a maximum of 160 hours of compensatory time
(106.67 actual hours of overtime worked).
n employee who has accrued compensatory time and requests use of the
time must be permitted to use the time within a reasonable period after
making the request if the time off does not unduly disrupt the operations of
the City. When the use of compensatory time is denied, the supervisor shall
provide the affected employee the reasons for denial. A copy of the reasons
for denial shall also be provided to the Human Resources Director.
Non-exempt FL SA classified employees who change from one salary grad
to another;either by promotion or demotion shall receive a payout of their
banked compensatory time. Paymentwill be at employee's' current rate o
pay prior to change.
Non-exempt FLSA classified employees who become exempt FLSA classified
employees shall receive paymentfor any compensatory banked time.
Payment will be at the rate of pay in the non-exempt status.
ApacheJunction Personnel Rules 22
Section
Employment
In accordance with the FLSA, unused compensatory time must be paid at
whichever is higher of the following:
1. The average regular rate received by the employee during the lest three
years of employment; or
2. The final regular rate received by the employee.
Section j Substitution r
The FLSA provides that any individual employed in any capacity by a public
agency may agree to substitute,during scheduled work hours, for another
employee. Employees may work substitution schedules where the
substitution is:
1 voluntarily undertaken and agreed to solely by the employees,
and,
) approved by the supervisor.
The traded time will not be considered by the City when calculating the hours
for which the employee is entitled to overtime compensation. In effect, even
though a substitution has'taken place, each employee will be considered to
have worked his or her normal schedule.
In addition, the supervisor of an employee who performs such substitute work
is not required to keep a record of the hours of substituted work. It is
important to be aware that the substitution provisions of the FLSA apply only
when the employee's ecision to substitute is made freely and without direct
or implied coercion: It must be made exclusively for the employee's own ,
convenience;
Apache Junction Personnel Rules 2023
Section . Travel
Home-to-Work Travel
s a general rule; home-to-work travel is not corn ensa le, even if an
employee must travel from a town to an outlying site to get to the employer's
premises. This is true whether an employee works at a fixed location or at
different job sites. Generally, an employee is not at work until he or she
reaches the work site. However, if anemployee is required to report to a
meeting lace where he or she is to pick up materials, equipment, or other
employees, or to receive instructions, before traveling to the work site,
co pensable time starts at the time of the meeting.
Travel during the Work
Traveling from an outlying o at the end of the scheduled workday tot e
loyer's premises is time worked.Where an employee is required to report
to a meeting lace to receive instructions, perform other work; or pick up
tools, and travel from the designated meeting place to the work site is
considered working time;
Out-of-town'Travel
Where employees travel out of town overnight on business they must be paid
for time spent traveling during their normal work hours on their non-working
days as well"as on their regular working days, Travel time as a passenger
outside regular working hours is not considered hours worked. If an employee
drives a car without being offered ublic transportation, the travel time is
considered working time.
Apache Junction Personnel Rules 2023
Rule .
Section Performance Review
The performance review is designed to inform the employee of the manner in
which he or she is meeting standards of performance established by the;
supervisor. The performance review is intended to cover the City's CoreCity'
Values and overall performance during the review period.
Section ing Requirement during
Reporting onemployee performance during probation is covered in
Rule 5.. A oint eats, Status, nd rebation,
Section 3. Performance
_
Reviewit
Probation
Every career status employee shall have his or her performance reviewed at
least once a year and, when a written report is prepared on this performance,
"
shall be retained by the department. ployees shall be allowed to submit a
written response totheir performance review; the employee's written
response shall be attached to the report it addresses,
Department directors are encouraged to bringunsatisfactory performance to
the attention of the employee when the unsatisfactory performance occurs.
Section 4. Salary Increase
Employees, with the exception of temporary, seasonal, and employees in
their initial "probationary period;are eligible for the city's annual salary
adjustment dependent upon budgetary approval by the City Council.
Employees who successfully complete their°initial probationary period in July,
August, or September, will receive a salaryadjustment the first full pay period
after the completion of their initial probationary period, Departments are
responsible to notify Human Resources of the completion of the probationary
period.
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SectionRule 11. Drug-Free Workplace Policy
The amity believes that substance abuse is a serious threat to the welfare of
employees, citizens, and the public. The City has established rules with respect
tot e use, possession, or sale of drugs and alcohol. The expectation of the drug
and alcohol testing policy is to:
1Ensure a healthy, safe and productive working environment for City
employees;
Continue to provide high-quality services to the public; and,
Ensure compliance with federal and state laws and regulations for a
uniform city-wide, drug-free workplace effort.
Section 2. Policy Statement
This policy will be construed in accordance with federal, state, and local laws,
including the ADA,the FIVILA, and the Omnibus Transportation Employee
Testing Act T T ) of 1 91.
Reporting for work under the influence of alcohol or drugs, or any substance
that impairs an employee's ntal or physical capacity, is not acceptable.
The use of illegal drugs or the misuse of legal drugs or alcohol by any
employee is prohibited, as is the presence in any employee's system of a
prohibited drug or drug metabolite.
The possession, sale, or distribution of drugs, alcohol, or any illegal
substance by an employee during regular working hours while on city
business or while on City property is prohibited except as allowable in police
department olicies and procedures.
Reasonable suspicion/cause generally includes but is not limited to.
. 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;
. Physical symptoms i.e. glassy eyes, slurred speech, unsteady gait,
red eyes, running nose);
4. Smell of alcohol ormarijuana;
. Deterioration in work performance or physical appearance.
Apache Junction Personnel Rules 2023
. 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,
6. Involvement in or responsibility for,a work-related or industrial accident
at caused, or could have caused serious injury to the employees, any
other person, or serious damage to employer property or property
belonging to others, if a City vehicle is involved, the vehicle must be in
operational mode and inmotion;
# Evidence of use,possession, sale, solicitation, manufacture, or
transfer of drugs or alcohol while working or while on employer
premises.
Section 3. Over-the-Counter or Prescribed i
Employees taking prescription or over-the-counter non-prescribed drugs or
medication whichmight' interfere with the performance of is/her job duties,
shall report the usage of the drug or medication to his/her supervisor before
going on duty. Employees taking such drugs or medication are responsible for
knowing any side effects of the medication that might interfere with job
performance based upon the prescribing physician's advice or the warning on
the medication label.
AuthorizedSection 4. Types of i
A. Post-Job Offer, Pre-employment Westin
All new job candidates, occupying a safety-sensitive position identified by
Human Resources and/or as per state and/or federal law, must undergo
testing for alcohol and controlled substances within thirty-six ( hours of
the conditional offer of employment. The conditional offer of employment
will be withdrawn if the job candidate does not test within thirty-six (36)
hours of notification.
A job candidate who tests positive for alcohol;controlled substances,or
drugs may be disqualified from consideration for employment and may not
be eligible for employment with the city for a 'period of twelve ( 2) months
from the date of the initial positive drug/alcohol test result.
Pre-employment testing also pertains to current employees who transfer
or are promoted into a position that requires the possession of a CDL or is
a safety-sensitive position. Applications for any position will not be
considered from ny current employee who refuses to test.
Apache Junction Personnel Rules 22
Applicants will not be allowed to substitute testing done through their own
medical facilities and/or laboratories unless the applicant is an out-cif-state
resident and the out- -state laboratory has been approved by Human
Resources to perform the test.
B. Public Safety Department Employees and Transfer
Upon transfer to or from a narcotic or drug-related assignment, all public
safety department employees, shall submit to drug and alcohol screening.
A transfer to a narcotic or drug-related assignment shall be contingent
upon a negative drug test result.
positive test result of a public safety department employee transferring
out of a narcotic or drug-related assignment is subject to the provisions of
this rule for positive test results
C. Reasonable Suspicion/Cause Testing
If the City has reason to suspect that an employee is violating this policy
or when there is reasonable suspicion/cause t at an employee is under
the influence or is impaired by alcoholand/or drugs,t e City may require
the employee to submit immediately to drug'and/or alcohol testing.
The decision to require a test for reasonable suspicion will be based upon
objective observation, by one or more supervisors. if a supervisor has
reasonable suspicion to believe an employee is impaired while on duty or
while in control of any City-owned vehicle, he or she should immediately
ensure the safety of the employee and other employees by removing the
employee from the work site. The City may request assistance of a police
officer to assist in the determination. The Human Resources Director, or
designee, must be notified and provide approval prior to administering a
reasonable suspicion test.
Documentation shall be made as to specific observations made and then
the supervisor or designee will drive the employee to the testing site and
then home pending the test results. The employee will be placed on paid
administrative leave pending notification of the test results.
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D. Post-Triggering Incident
Employees involved in the following circumstances are required to submit
to a drug and/or alcohol test;
. Those whose use of city equipment or a City vehicle in operational
ode and in motion results in an accident involving tow-away and/or
medical assistance.
. Those whose use of City equipment or vehicle results in an accident in
which a person is fatally injured,
3i 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 dutyan
discharge ai firearm in violation of departmental policy regarding off-
duty use of firearms._
E. Self-identification and Testing
Employees are encouraged to self-identify to his/her immediate
supervisor, through the chain-of-command or to Human Resources for
chemical dependency, alcohol abuse, or continued misuse of
medications before it affects safety or on-the job performance.
This is s one-time self-identification opportunity during the employee's
tenure with the City.
The self-identification opportunity a be voluntary. Discipline ill not be
initiated because an employee self-identifies (self-identification must
occur prior to when an employee receives notification oft e requirement
for a test).
Employees who self-identify will.
a) Be removed from any driving or safety-sensitive position until
released by aCity-selected Substance Abuse Professional (SAP).
) Agree to successfully'participate in a City-approved Employee
Assistance Program (EAP)treatment rehabilitation program and
comply with the program conditions.
c Sign a last Chance Agreement. This Agreement is offered in lieu of
dismissal for violation of the City's substance abuse rule. This
Agreement outlines the additional condition of continued employment
with the City,
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Apache Junction Personnel Rules 2023
d Sign a "Consent to Release Information"_document allowing the SAP
to communicate the employee's progress to the Human Resources
Director, or designee.
e gee that the employee will pay the cost of the SAP and for follow-
up testing:The City will allow follow-up testing on City time.
f) Agree to unscheduled alcohol and/or controlled substance tests, as
directed by the SAP or the City,for a minimum of six(5)tests in the
first twelve ( ) months and not to exceed sixty 50) months from the
date the employee returns to work;
Complete a Fitness for Duty (FFD)test as a condition to return to
work or continued employment in conjunction with the completion of
an approved drug and/or alcohol treatment or counseling program.
Voluntary self-identifications all not relieve the employee from the
responsibility of adequate job performance, nor prevent a
recommendation for dismissal in the event that the'employee tuts
positive for any alcohol, illegal controlled substance, or non-prescribe`
medication, after follow-up testing has begun. In addition, if, due to the
circumstances of the drugs,s, controlled substances and/or alcohol misuse,
the employee is not Bible to"perform the functions of their position, the
employee will be recommended for dismissal.
F. Re-employment or Reinstatement to Workforce
Any individual who is re-hired, reinstated, transferred, promoted, or
demoted to a safety sensitive position, in accordance with Rule 5,
Ap
pint eats; Status, and Probation, is required to submit to a drug an
alcohol test prior to resuming work.
G. Follow-up Testing
If an employee is offered a rehabilitation option in lieu of discipline for a
positive test result in accordance with Section 7 of these rules;the
employee is subject to random drug testing for a minimum Of one )year
following the completion of the rehabilitation program."
Apache Junction Personnel Rules 2023
Sectioni Violation
The following are grounds for discipline up to and including termination, even
for a first offense,
A. Alcohol- An employee who tests positive for alcohol while on city business
during the employee's working ours or while on city property during the
employee's working hours is in violation of this policy,
B. Drugs: An employee who tests positive for drugs is in violation of this
policy.
C. Akn oloee who is required as a dart of hislher 'o to car a firearm and
o,while on duty, discharges a firearm resulting in bodily injury, property
damage or violation of departmental policy or who is o -dut an
discharges a firearm in violation of departmental policy regarding off-duty
use of firearms is in violation of this policy.
D. Failure to Participate: An employee will be considered a failure to
participate in the ity's drug" and alcohol testing policy for:
1. Failure to submit to drug or alcohol testing.
. Failure to immediately report for drug or alcohol testing when requested
to do so.
. Refusal to sign all appropriate consent forms.
4. Failure to enroll and complete drug or alcohol rehabilitation program in
lieu of discipline as set forth in Section 7,
. Failure to report, within five ) days of a criminal drug statute
conviction, for a violation occurring within the workplace
The appropriate level of discipline will be determined on a case-by-case basis
at the ity's discretion and mayinclude treatment or rehabilitation under
terms established by the City in consultation with a substance abuse
professional.
Sectioni
Employees and applicants who are requested to submit to a drug and/or
alcohol test must agree in writing to allow the results of such test to be
disclosed to and used by the City's authorized representatives). Failure to
sign such a consent form shall be considered a refusal to submit to testing
and may subject the employee to discipline up to and including termination.
Apache Junction Personnel Rules 2023
Section 7. Rehabilitation
Rehabilitation is the responsibility of the individual employee.An employee
with a drug or alcohol abuse problem' is encouraged to use whatever
treatment ent or rehabilitative services are available under the employee's health
plan in effect at that time.
The City may, at Its option, suspend all or pert of a disciplinary action for
violation oft is policy in return for the employee's enrollment and participation
in a drug or alcohol counseling or rehabilitation program for the purpose of
enabling the employee to permanently cease the prohibited conduct. The
program must be approved by the Human Resources Director. Cost of
rehabilitation or counseling is the responsibility of the employee. An employee
o elects such participation shall enter into a written agreement ith the city.
The employee shell authorize release of information to ity's Human
Resources department from the drug or alcohol program which indicates the
employee's compliance or non-compliance with the program. Should the
employee not comply with the program, the City shall impose the discipline.
Section . Searches
The City of Apache Junction reserves the right to search all areas and
property it'maintains or has co " plete or joint control over, An employee's
locker, closet, work area, desk, desk files,computer files, city-owned vehicle,
and similar areas are subject to inspection at any time on a random or any
other non-discriminatory basis for purposes of this policy.
Section_ i i
The results of drug or alcohol screening tests shall not be Included in an
applicant file or employee personnel file but shall be retained by the Human
Resources Department in a separate medical file. Anyconditions o
employment that may be established as a result of the drug test i.e. a written
agreement for rehabilitation in lieu of discipline) become part of the
employee's personnel file.
Except as required by the state or federal law, test results and ancillary
information aye disclosed to management personnel only on a need-to-
know basis or to any person upon' the written consent of the employee or
applicant. Information is normally limited tot e employee's supervisor, City
Manager, Assistant City Manager, Human Resources staff, and legal counsel.
Failure to maintain confidentiality by any employee shall be grounds for
discipline,
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Section 10. Employee Responsibilities
A. Pursuant to the Federal Drug-Free Workplace Act of 1988, the City
prohibits the unlawful manufacture, use, possession, or distribution of
controlled substances in the workplace. As a part of this Act, employees
have the following responsibilities.
. To abide by the terms of the City's drug-free workplace policy; and
. To notify their Supervisor or Department Director of any criminal drug
statute conviction for a violation occurring" in the workplace no later
than five t days after such conviction.
* It is each employee's responsibility to immediately report to their
supervisor, department director, or Human Resources Department unsafe
working conditions or hazardous activities that may jeopardize the safety
of employees, This includes the responsibility to immediately report any
violations of the drug and alcohol policy. An employee who fails to report
such a violation is subject to disciplinary action up to and including
termination,
C. All employees are required, as a condition of employment, to sign a
statement that the employee has:
. Received a copy of the City's rug-Free Workplace Policy,
Agreed to abide by the terms of thepolicy;
3, Agreed to notify the Supervisor, or appropriate representative of the
City, immediately,lately,or within five days,of a criminal drug statute
conviction for a violation occurring within the workplace.
Sectioni ill
A. Management personnel shall be responsible for implementation an
consistent enforcement of this policy, together with the Human Resources
Director or his/her designee.
Management personnel who fail to enforce this policy in accordance with
its terms are subject to disciplinary action up to and including termination,
B. Supervisors will be trained in the detection of impairment alcohol,
drugs, and substance abuse.
Apache ,function Personnel Rules 2023
Supervisors must document, in writing, the facts constituting reasonable
suspicion/cause for drug and/or alcohol testing or for violation of this
policy, This documentation shall be submitted to Human Resources as
justification for the test.
C. Management shall inform any employee required to submit to drug or
alcohol testing of the requirements of this policy and the consequences of
non-compliance.
Section 12. _Drug and Alcohol
Every reasonable effort will be made to obtain the most accurate drug or
alcohol test results. The testing lab the City uses 'must be a laboratory
approved or certified y the United States Department of Health and Human
Services} the college of American Pathologists, or the Arizona Department of
Health Services to ensure that the testing is conducted in compliance with
state and applicable federal procedures.
The City is responsible for the cost of testing for random (as set forth in the
I section), reasonable suspicion, post-accident and or/injury, post-
triggering incidents post-job offer/pre-employment, employee transfer from
non-safety to safety-sensitive position, and follow-up testing,
Drug Testing
Drug testing will be performed through urinalysis, blood or oral fluids.
Each drug test result will be analyzed in a Substance Abuse and Mental
Health Services Administration ( certified laboratory and will be
reviewed by a certified Medical Review Officer ) prior to being
reported to the{amity. Professionally accepted chain of custody procedures
Will govern the administration of all drug tests, subject to the oversight of a
certified
All test results will be reported to the Human Resources Director or
designee.
2. Alcohol Testing
Referrals for alcohol use include e breath or blood alcohol (ethanol)test.
The ity's designee will conduct a screening test for alcohol use by using
either an evidentiary breath-testing device ( T)or a non-evidential
screening device approved by the National HighwayTraffic Safety
Administration. Results Will be reported to City's Human Resources.
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Apache ,function Personnel Rules 2023
Failure to provide adequate breath for alcohol testing without a valid
medical explanation will constitute a refusal to submit to alcohol or
controlled substances test:
Section .
Test Results
All drug, controlled substance and alcohol screening results shall be the
private and confidential property of the City and will not be shared with
anyone except:
a. The candidate or employee,
b. Supervisory staff with a demonstratedneed to know such information.
c.As required y law,expressly authorized bythe United States
Department of Transportation T rules.
d. To legally protect the City.
Human Resources will notify an employee of the results of random,
reasonable suspicion, and post-accident test results verified as positive for
alcohol; drug, or controlled substances, and identify for the employee the
drug; controlled substance or alcohol that was detected and verified.
Section 14. Commercial i
All employees required, as a condition of their city employment, to have a
valid CDL shall comply with the USDOT rules for drug and alcohol testingof
drivers with C Ls The City uses a third-party vendor to randomly select a
number of drivers each calendar year for drug and alcohol testing at an
annual percentage rate determined by the Federal Motor Carriers Safety
Association C A .The random selection system provides an equal
chance for each driver to be selected each time random selection occurs:
Random testing will be unannounced, will be performed at the time the' river
reports to "work, during the workday, or at the end of the workday, and will be
reasonably spread throughout the year.
All employees required to hold a C L as part of their job with the City must
always be immediately available to perform any safety sensitive function an
must comply with these rules at all times while on duty. if the employee
engages in conduct that does not lead to a collection as soon as possible
after notification,such conduct may be considered a refusal to test in which
appropriate disciplinary action will be taken up to and including termination.
Apache Junction Personnel Rules 2023
SectionRule 12. Policy against Discrimination
The amity does not tolerate any form of discrimination based upon race,
ender(including gender identity, sexual orientation and preference, or
pregnancy), national origin, religion, age, color, disability, genetic information;
or sexual harassment, and status of a veteran,
Discrimination
nfair treatment because of race, color, religion, gender(including ender
identity, sexual orientation and preference, or pregnancy), national origin,
age (40 or older),disability or genetic information, and status as a veteran.
Harassment by managers, co-workers,or ethers in the workplace,
because of race, color, religion, gender (including 'gender identity, sexual
orientation and preference, or pregnancy), national origin, age (40 or
older), disability or genetic information, and status as a veteran,
Denial of a reasonable workplace accommodation that the employee
needs because of religious beliefs or disability:
Retaliation because the employee complained about jab discrimination or
assisted with a job discriminationinvestigatio or lawsuit.
Sexual Harassment
e uai Harassment is defined by the Equal Employment Opportunity
Commission ( C:)as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual or otherwise
offensive nature, especially here:
, Submission to such conduct is made either explicitly or implicitly a ter
or condition of an individual's employment, or
2. Submission to or rejection of the conduct by an individual is used as a
basis for employment decisions affecting such individual, or
e conduct has the purpose or effect of unreasonably interfering with
an indivi ual's work performance or creating an intimidating, hostile, or
offensive working environment.
Apache Junction Personnel Rules 202
C. Education
The-Human Resources Director is responsible for coordinating training on
the topic of discrimination and sexual harassment-, attendance at this
training is mandatory for all employees." In addition, all employees shall be
notified of the existence of these rules.
D. Implementation
Both managers and employees are responsible for creating n
atmosphere free of discrimination, and managers and supervisors are
responsible for takingimmediate and appropriate corrective action in
response to any allegation of a violation of these rules, in addition to
respecting the rights and sensitivities oftheir co-workers.
The Human Resources Director and department directors are responsible
for taking immediate and appropriate corrective action in response to any
confirmed violation of these rules and for assuring that no reprisals are
taken against complainants, witnesses, or perpetrators.
The Human Resources Department is responsible for monitoring' the
application of these rules, providing advice, and responding to any
questions, which may arise from these rules.
Sectionitiating a Discrimination or Sexual Harassment
Complaint_
When on employee feels he/she has beendiscriminated against or sexually
harassed, the following should occur:
EMpj2yee:
Attempt to advise the alleged discriminator/harasser of their
discomfort, OR,
- Report the problem to his/her immediate supervisor if
e offended employee does not feel comfortable directly dressing
discriminator/harasser,
e situation with the "n /or the unwelcome or
offensive behavior continues,
Report the problem to the Human Resources Director if.
o The employee's immediate u ervisor, a division director, or
Department Director is the source of the alleged harassment,
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Apache Junction Personnel Rules 202
The employee is uncomfortable reporting the problem to his/her
immediate Supervisor, division director, or Department Director,
4
The source of the harassment is an individual appointed by the City
Council (including, but not limited to, the City Attorney; City
Manager, or City Magistrate),
Report the problem to the City Manager if:
The Assistant City Manager or Human Resources Director is the
source of the alleged discrimination/harassment.
When advised of the discrimination/harassment the following will:
ImmediateSupervisor:
Promptly notify his/her Department Director.
Department Director:
- Promptly notify the Human Resources Director,
Human ResourcesDirector:
Begin an assessment into the complaint and determine the course o
action.
- If the discriminator/harasser is an individual appointed y the City
Council advise the Mayor and City Council that a
discrimination/harassment complaint has been filed.
InvestigationSection 3.
Human Resources staff coordinates the investigation process and advises the
Department Director regarding his/her level of involvement in the process an
of the progress of the investigation.
The department shall work with Human Resources staff to obtain and
evaluate all relevant evidence with respect to what has occurred,
Human Resources staff makes a recommendation to the Department Director
regarding the resolution of the complaint. Human Resources staff notifies the
complainant and the alleged violator of the findings.
With the advice of the Human Resources Director, the Department Director
implements specific remedial, and/or disciplinary actions.
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Apache Junction Personnel Rules 2023
Section 4. Discipline
Violations of these rules may be cause for the full range of disciplinary action,
up to and including termination.' The type of discipline and/or remedial" action
to which an employee is subject for'discriminating against or harassing
another employee" is dependent can the circumstances of the situation. Career
status employees subject to disciplinary and/or remedial action as a result of
a finding of discrimination or sexual harassment shall be afforded due
process rights through the grievance or appeal procedures, whichever is
applicable to the level of discipline imposed. (See Rule 16. Discipline).
Sectioni is Prohibit
No reprisal/retaliation of any kind by any employee or manager shall be taken
against an employee who asserted a complaint, the alleged perpetrator or
against any witness.
Any such reprisal/retaliation taken by an employee will subject him/her to
disciplinary action up to and including termination.
Apache Junction Personnel Rules 2023
PolicyRule 13. Policy against Violence in the Workplace
Section 1.
The City does not tolerate threats, intimidation, and/or violence made by an
employee against another erson's life, health, well-being, family, or property.
Such acts or threats of violence; whether made directly or indirectly, explicitly
or implicitly, by words, gestures, or symbols, infringe upon the cit 's right or
obligation to provide a safe workplace for its employees.
Sectionr i Ii
Any threats or acts of violence made by an employee against another
person's life, health, well-being, family,ily, or property are cause for discipline u
to and including termination.
Sectioni .ili
This policy applies to any threats or acts of violence made on city property, at
City sponsored events or under either circumstances that 'may negatively impact
the City's ability to conduct its business.
Section 4. Initiating lnt Involving Violencein the Workplace
Any employee who believes that he or she has been the target of threats or
acts of violence or has witnessed or otherwise learned of threats or violent
conduct by another employee or by a third party, should immediately contact
their immediate upe isor, Department Director, Human Resources Director
or the City Manager.
If an employee feels threatened with immediate harm, the Public Safety
Department should be notified.
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Apache Junction Personnel Rules 22
Rule . Fraternization Policyi
Sectionti
The ity's success depends on positive employee morale and good tea
working relationships.The City recognizes workplace romances or attractions
can develop between people who work together. Unfortunately, attractions
are not always mutual, and these situations can develop into sexual
harassment complaints. In addition,relationships between supervisor an
subordinate often cause morale problems or misperceptions about
assignments and favoritism on the part of either employees in the work group.
Sectioni
Employees holding supervisory roles shall not pursue or be in a romantic
relationship or have a close personal relationship with any employee who
may report, either directly or indirectly, to them.
In addition, employees in a supervisory city are required to maintain a
professional relationship with any employee for whom they supervise, give
work direction or assignments, give discipline, review performance, or
recommend "promotions or raises.
SectioniRequirements
In the event a workplace romance develops between employees in positions
where one is in a supervisory chain of the other, either directly or indirectly, it
is the responsibility of both parties to; either separately or together, brim the
fact of the relationship tot e attention of their supervisor and/or department
director AND to the Human Resources Director.
The Human Resources Director will determine the arrangements to further
the best interests of both the city and the employees involved; However, i
within three 3) months, one ) of the employees has not transferred or been
appointed to a vacant position for which he/she "meets the minimum
qualifications of the position, the city will separate the least senior employee
from employment.
The position transferred or appointed to must be outside the direct or indirect
supervisory chain of employees involved and cannot result in a promotion.
Seniority is determined by time in current title calculated from most recent
appointment to the title.
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Apache Junction Personnel Rules 202
SectionRule IS. Political Activities
r
To establish a policy governing the political activity of City employees.
SectioniiStatement
City employees have the right to vote as they choose and to entertain an
express personal opinions about political candidates, However, employees
must refrain from political activity while on duty or at "public expense:
Sectionity Council Elections
To avoid undue influence of City employees on the outcome of City Council
elections and to avoid undue influence of City Council members or candidates
for City Council on City employees, the following apply-
A. Prohibitions and Restrictions
1. o employee of the City may be a candidate for nomination or election
tot e City Council.
2.`While on City time, employees may not circulate petitions for City
Council.
3x hile on City time, employees may not contribute directly, or through an
employee organization or association to a campaign or solicit or receive
contributions for a City Council candidate.
4. No employee or organization or association; while on City time, may
publicly endorse or actively support candidates for the City Council or
any political organization or association organized to support
candidates for the City Council.
. While on City time, employees may not wear City Council campaign
buttons or distribute campaign literature at work or in a City uniform or
in City offices, vehicles,or buildings.
. No employee shall use any political endorsement in connection with any
appointment to a positionin City service.
7. No employee shall use or promise to use any official authority or
influence for the purpose of influencing the vote or political action of any
person for any consideration.
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Apache Junction Personnel Rules 2123
B. Permissible Activities
1. City employees may place City Council campaign signs in their yards
and on the premises of their homes.
. City employees may place City Council campaign bumper stickers on
personal vehicles
3. City employees may, on their ti e,work in campaign headquarters of
City Council candidates:
. Outside of City time, an association or organization of City employees
may mail or otherwise distribute endorsements of City Council
candidates to members of organizations or associations who are City
employees.
6. City employees may express their opinion.
6. City employees may, on their time, attend informational meetings
concerning candidates for public office.
Sectionr 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:
. Use any political endorsement in connection with any appointment to a
position in the city service,
2. Use or promise to use any official authority or influence for the purpose
of influencing the vote or political action of any person or for any
consideration.
3. While on city time, participate in the management of any political party
or in the management of any political campaign or recall effort.
4. While on city time, solicit or receive contributions for any candidate
campaign.
B. Permissible Activities
Any employee may, on his or her own time:
1. Express his/her opinion regarding candidate elections and political
activity.
2. Attend meetings for the purpose of becoming informed concerning the
candidates for public office and the political issues.
. Actively support a candidate while not in a city uniform or in an office or
building of the City.
4. Cast his/her vote and sign nomination or recall petitions.
6. Make contributions to candidates, political parties or campaign
committees contributing to candidates or advocating the election or
defeat of candidates.
6. Circulate candidate nomination petitions or recall petitions.
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Apache Junction Personnel Rules 2023
C. Candidacy for Elected Office
Unless subject to the Hatch Act U.S.C. ection 7 1-73 , any City of
Apache Junction employee desiring to run for county, state, or federal
elected office may request a leave without pay upon filing for such office.
Theemployee's department director, with the lconcurrence of the City
Manager, has the authority to grant or deny the requested leave base
upon the needs of the organization. it the leave is not granted and the
employee still desires to run for elected office, the employee shall resign
from city service upon filing for such office.
If the leave is granted and the employee is elected, the employee shall
resign from city service immediately upon being seated in the elective
position, if the leave is granted and the employee is not elected, the
employee will be returned to his/her former position on the same terms
and conditions as any other employee who has taken a leave without pay.
Section - Prohibited
A. An employee shall not solicit any other e loe 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 includingthe loss of any benefit,
reward, promotion, advancement, or compensation.
B. n 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 includingthe
loss of any benefit, reward, promotion," advancement, or compensation.
C. n 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.
OtherSection 6. Permitted
The provisions of this rule do not apply to school board elections or
community college district governing board elections and an employee a
serve as a member of the governing board of a high school district or as a
member of a community college district governing board.
Apache Junction Personnel Rules 2023
Sectioni Civil i i
Nothing contained in these policies shall be construed as denying any city
employee their civil or political liberties as guaranteedthe United States
and Arizona Constitutions,
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Apache Junction Personnel Rules
SectionRule 16. Discipline
i
Disciplinary actions may Include informal and formal counseling (verbal or
written warnings), written reprimands, suspensions, demotions and
dismissals, or other action deemed appropriate by the Human Resources
Director and the department director.
When discipline is contemplated the'department shall consult with the Human
Resources department regarding the discipline to be imposed.
e department director may delegate the authority to impose informal and
formal counseling or written reprimands but may not delegate authority to
suspend, demote, or impose any other action affecting ay and/or benefits.
"Sectioni li
Grounds for discipline include, but are not limited to:
1. Falsification of records
s Insubordination
3. Lying to supervisors or falsifying records with respect to official duties.
4. Absenteeism
. Tardiness
6. Conviction of a crime, which impacts theemployee's ability to perform the
duties and responsibilities of the job.
.. Inefficiency, incompetence, or negligence in the performance of assigned
duties.
8. Prohibited political activities.
9 iscri ination on the part of an employee against any employee on the
basisof race, color; gender, sexual orientation and preference, age,
physical disability, place of national origin, political or religious affiliation,
or veteran status.
10.Retaliation against a person who has made a complaint or given
information regarding ossible violations of this policy.
I.Any action, on or off the job, tending to brine discredit to the City service.
12,Refusal or failure to comply with the orders of an authorized supervisor or
refusingor failing to do assigned work.
.The , destruction, or neglect in the use of City property while the
employee is on or off duty,or of property or materials of any other person
while the employee is on duty.
14.Threatening, fightingwith, intimidating, coercing, or abusing other
employees or officials of the City or provoking such actions by others.
Apache Junction Personnel Rules 2023
15.Divulging confidential information from rivile ed official records to
unauthorized persons.
16.Failure to observe departmental regulations,
17.Unauthorized absence from duty:
18. buse of sick leave, including use under false pretenses.
19.Failure to maintain satisfactory working relationships with other employees
or the public.
20.Failure to observe safety regulations, including" failure to report an
accident or injury occurring on the job in a timely manner.;
21.Discourteous, rude or threatening conduct or offensive and abusive
language toward the public or ether employees.
22.Unauthorized performance of work by nonexempt employee outside of
established work schedules.
23.Unauthorized operation or use of any vehicles, machines, or equipment of
the City.
.Carelessness in the performance of duties.
25.Intentionally or aliciously supplying false information or'making false
claims' with intent to improperly affect official decisions or bring discredit to
ether employees.
26.Removal of City equipment, material, supplies, etc.,without the approval
of the department director or City Manager.
27.Use of clothing provided by the City for other than official City duties.
28.Engaging in any sexual activity while on duty,
29.Sleeping on the job without authorization.
.Violation of any section of the Personnel Rules, or any department policy,
procedure, rule or regulation.
Section 3. Written Reprimands
Apre-disciplinary meeting is not required when issuing a written reprimand to
the employee.
Written reprimands shall:
1. Identify the violations or failures to meet reasonable expectations for
performance on the job with sufficient specificity and detail so as to
enable the employee to respond to the charges against him or her
2. Indicate a copy is to be sent to the Human Resources Department
3. Contain a notice that the employee ay file a grievance on the written
reprimand in accordance with ule 17 Grievance and eal
rocedures.
Apache Junction Personnel Rules 22
Section 4. Pre-Disciplinary
Pre-disciplinary meetings are not required for:
Informal counseling (verbal warnings);
Formal counseling (written warnings); or,
Written reprimands"
Pre-disciplinary meetings are rewired prior to;
Suspension,
Demotion; or,
Other forms of discipline
The pre-disciplinary meeting shall include the employee and may include the
Human Resources Director or designee and/or legal counsel for the City.
The employee facing discipline shall be afforded a pre-disciplinary meeting;
the notification of the pre-disciplinary meeting shall be in writing and consist o
the following:
a) That discipline is contemplated; up to and including termination or the
type of discipline contemplated,
) The violation of one or more oft e causes for discipline, general
examples are set forth in Rule 16, Discipline;
c) The specific conduct or omission committed y the employee which
the department director believes is a violation;
d) When and where the meeting is to be held,
e) That the employee is entitled to have a representative of his or her own
choosing present at the meeting-, and
f) The purpose of the meeting, which is:
t) To allow the employee to correct any errors in the information or
facts upon which disciplinary action is roposed
2) To allow the employee to present is/her account of the alleged
events and to present any mitigating information as to why
discipline:should not he taken.
The time between the initial notice of proposed disciplinary action and the
pre-disciplinary meeting shall be reasonable and shall give the employee an
adequate opportunity to prepare a reply. Two 2)full business days is
considered reasonable and under no circumstances shall the pre-disciplinary
meeting be less than two 2)full business days from the time the employee
receives the meeting notice.
Initial notice of pre-disciplinary meeting may be delivered via email if email
address is confirmed, or personal delivery, and if neither is possible notice
may be sent by United States Postal Service addressed to the last address of
record for the employee, and with the first-class postage affixed. If service of
Apache Junction Personnel Rules 22
notice is by mail, six ) calendar days shall be allowed between the date the
notice is mailed and the date the meeting is scheduled:
The following procedure is required at the pre-disciplinarymeeting:
a) Presentation of the facts and information upon which the initial notice
of proposed disciplinary action was based;
b) Provide the employee an opportunity to respond to the presentation of
facts and information; and
c)- If the employee submits a written response prior to or during the
meeting, include the response in the official record.
t the meeting the employee may be accompanied by an individual of his or
her choosing, The following are guidelines for conduct at the'pre-disciplinary
meeting:
a) It is not mandated to provide justification to the employee or his or her
representative for proposing"discipline action.
b) Testimony by or cross-examination of witnesses is not required.
c) Testimony under oath is not required.
Recording of the proceedings by a court reporter is not required,
however the proceedings may be tape recorded by either side.
e) The person accompanying the employee may only observe the
meeting and advise the employee, he or she cannot interfere with the
process by asking questions or demanding the procedures be
changed. Such interference shall constitute forfeiture by the employee
of the right to be accompanied by anyone and such person shall be
asked to leave the proceeding immediately; subject to the disorderly
conduct laws of the State.
Section 5. Notices of Suspension, Demotion, r Termination
The department director shall discuss with Human Resources staff the
disciplinary action considered prior to taking action.
Notices of suspension, demotion, or termination shall contain the following:
a) The discipline being imposed.
) Identification oft e violations or failures to meet reasonable expectations
for "performance on the jobwith sufficient specificity tailed as
founded/unfounded or sustained/not sustained counts. These charges
shall be those listed in the initial notice of disciplinary action, except for
counts that may have been added or deleted as a result of the pre-
disciplinary meeting. Substantial amendment or additional counts may be
7
Apache Junction Personnel Rules 223
made only by repeating the procedure detailed in Section 4, r -
isci ling eetin .
A reference to the opportunity afforded the employee to tell his or her side
of the story in accordance with Section 4, Pre-disci liar meetin .
) An indication that the material presented has been considered y the city
in reaching a final determination.
e) Notice that the employee may request a copy of the written materials
alleged to support the action taken.
) A notice that the employee may appeal the suspension, demotion or
dismissal pursuant to Rule 1 , Grievance and Appeal Procedures, with a
copy attached with the notice.
Copies of notices of suspension, demotion,or dismissal shall be sent to the
Human Resources department for inclusion in the employee's personnel file.
Section 6. Taking Disciplinary
The discipline notice shall be eli ered to the employee within ten (1 )calendar
days after the Pre-disciplinary meeting. The disciplinary action shall be taken
within sixty )calendar days after the Pre-disciplinary meeting.
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Apache Junction Personnel Rules 2023
GrievanceRule 17.
Sectionri Procedures
The purpose of the grievance and appeal procedures is to provide career
status employees, aggrieved about a situation affecting the conditions of their
employment, ith a method for the resolution of the matter without
discrimination, coercion, restraint, or reprisal against the employee during the
process.
,any contention that the City has failed to comply with any obligation it has
made to an employee through its ordinances, policies,or any ether written
commitment must be raised pursuant to these grievance and appeal
procedures, and these procedures provide the exclusive remedy for any such
claim.
Sectionr
n employee may file a grievance or appeal for actions as identified in this
rule and utilize the procedures defined in this rule.
It the complaint alleges a matter other than that identified by this rule,
employees are encouraged to discuss the complaint on an informal basis with
appropriate management personnel as the matter is not entitled to the
grievance and/or appeal process.
Action i
HearingManager(CM)
Officer
Verbal i _
Informal o l Counsein
Written a rimand
Overall unsatlisfacto 1 Performanc r tin
Suspension:
rl s
Misinterpretation or misapplication of the X
Personnel Rules or administrative (if grievance does not (if appeal to
procedures resolve the complaint) CM does not
resolve the v
c saint
Adverse ctio to the employee, X
on unlawful discrimination because of (if grievance does n (if appeal to
race, color, creed, national ri i , sex, resolve th lint) CM does not
age, political affiliation, or disability and resolve the
" co lint
9
Apache Junction Personnel Rules 202:
�� r.than
, suspension, .demotion,�r
dismissal
Suspension of morethan fourdays,
demotion, or dismissal on any grounds, (if grievancedoes not (if appeal to
including ll unlawful i ci in ti s lv complaint) CM does not
resolve the
f
com lent
mnnm xw.rw...w..wmnm.
Disposition of a sexual ar ss nt
complaint did not result in stopping t (if appeal t
prohibited behavior CNI doesn
resolve the
E t _.
Section 3. Prohibited _Grievances Appeals
The grievance and appeal procedures ay not be used for matters involving:
A. Compensation and classification Plans
B. Overall satisfactory performance evaluations
C. Informal disciplinary actions such as informal or formal counseling
(verbal or written warnings)
D. Supervisory r management style
Sectionri v Procedure
Grievances shall be presented according to the following race ure:
n employee may begin a grievance at the level In which the discipline 'a
administered.
copy of the grievance and the responses shall remain with the grievance at
all steps in the process. At no time in the process should additional material
e added to the grievance.
. Form: Grievance forms maybe obtained from the Human Resources
Department or they maybe found on the city's Intranet,
B. to iiin with ervi
e employee shalt present a grievance to the immediate supervisor
within seven t calendar days after notification of or occurrence of the
action which gives rise to the grievance.
Apache Junction Personnel Rules 202
The immediate supervisor should consider the grievance and provide the
employee a dated, written response within seven (7) calendar days of
the receipt of the grievance
C. Step 2. Filing .with the De2artment Director
If the response of the immediate supervisor does not resolve the
grievance or the immediate supervisor did not respond to the grievance,
and the employee wishes to pursue it further, the employee shall present it
to the department director in writing within seven 7) calendar days after
receiving the decision of the immediate supervisor or within seven
calendar days from the date the immediate supervisor's response was
due:
The department director should consider the grievance and provide the
employee a meted, written response within severe 7) calendar days of
receipt of the grievance.
D. Stev 1 Filina with the AssistanLCitLManaqer
If the response of the department director does not resolve the grievance
and the employee desires to pursue it further; the employee shall present
it in'writing to the assistant city manager within seven 7 calendar days
after receiving the decision of the department iretor, or within seven
calendar days from the date the department director's response was doe.
The Assistant City Manager or his or her designee shall consider the
grievance and shall provide the employee ,a dated, written response within
seven ( ) calendar days of receipt of the grievance:
The decision of the Assistant City Manager for grievances is final and is
not administratively appealable farther unless formal appeal procedures
are an available remedy under this rule.
Section t
Time Computation
e computation of the calendar days shad be as follows for the date o
notice of the action:
A. If written action:
-date of the delivery of a notice if handed to the grievant or
-the date of mailing of the notice if sent by U.S. mail,
if the notice is mailed, three ( calendar days shall be added to the time
in which a responses due).
B. If not a written action.
-date of action shall bet e date on which the aggrieved action occurred.
Apache Junction Personnel Rules
C. The period of time forfiling the grievance starts on the day following the
date of notice or occurrence of the action,
D. If the final date of the grievance period falls on a city observed holiday or
weekend or on a day the city is closed, the final date for grievance shall be
construed to be the next business day it is open.
E. The grievance period ends at 5:00 p.m., on the final date for grievance. If
this date is a City observed holiday, a weekend, or on a day the city office
is closed, the grievance period ends at 5:00 PM the next business day;
Section_ Appeal Procedure
Matters not specifically stated in this rule cannot be appealed. ppeal shall
e presented according to the following-
A. Ti e Corn utation: The computation of the calendar days shall be in
accordance with Section 5 of this Rule,
B. Eg[M_gfAppgg Every appeal shall be filed in writing and shall include the
name and address of the employee appealing, the action which is the
subject of the appeal,the reason for the appeal, a factual chronology of
the action, the remedy sought, and a reference to the personnel rule which
the action allegedly violates. The appeal shall have attached any written
material pertaining to the matter appealed.
C. l ro edur a for Filing an App
ealEvery appeal shall be filed within ten(10)
calendar days from the date of notice of the action;which is the subject o
the appeal. All appeals shall be addressed to the City Manager.The City
Manager shall have ten (10) calendar days to respond to the appeal.
If the employee is not satisfied with the City Manager's decision; the
employee has ten (1 )calendar days from the date of response or the
date a response was due, to file a Notice of Appeal for a hearing before a
Hearing Officer. The Notice of appeal shall be in accordance with Section
) of this rule and shall be filed in the Human Resources Department.
Section 7. Time Extension
Upon mutual consent of the parties a time extension for grievances and
appeals may be authorized by the Human Resources Director. Such
agreement shall be in writing, state the duration of the extension; and be
signed y both parties. This agreement shall accompany the grievance at all
future steps.
Apache Junction Personnel Rules 2023
HearingRule 18. Rules for Hearings before a Hearing Officer
Section 1. r
The employee wishing an appeal for a hearing before a Hearing Officer, shall
file an appeal to a Hearing Officer with the Human Resources Director.
The Human Resources Director, in consultation with the City Attorney, shall
retain a Hearing Officer or Officers who shall not be an employee(s) of the
City.
Section 2. Right of Appeal
Any employee shall have the right to appeal actions to the Hearing Officer
pursuant to the ity's personnel rules: The Hearing Officer shall determine if
the appeal Is allowed under the personnel rules and shall not consider
appeals not covered by these rules. The Hearing Officer shall dismiss such
appeals upon motion by a party to the appeal or by his or her own authority.
Section_ Hearing
Upon receipt of Notice of Appeal, the Human Resources Director shall
contact the Hearing Officer who shall schedule a time for the hearing. The
hearing all be set for not less than sixty calendar days from receipt of
the Notice of Appeal by the Human Resources Director of the employee's
appeal to the Hearing Officer.The Hearing Officer shall provide the parties to
the appeal with written notification of the date, time, and place of hearing.
Section 4. Pre-Hearing
Upon receipt of the appeal the Hearing Officer shall give each party a pre-
hearing statement form to be completed.The pre-hearing statement shall
include the following:
a The names, addresses, and phone numbers of all parties to the
appeal.
b The names, addresses, and phone numbers of legal counsel or
representatives for the parties,=
c list of witnesses, including addresses and phone numbers, and brief
summaries of their testimony contemplated.`
d description of the exhibits to be used at hearing.
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Apache Junction Personnel Rules 2023
The pre-hearing statement shall be filed directly with the Hearing Officer
within twenty calendar days of receipt by the parties of the pre-hearing
statement.
Each party to the appeal shall provide the opposing party with a copy of the
pre-hearing statement and copies of exhibits to be used within twenty (2
calendar days of the receipt of thepre-hearing statement. Each partyis
responsible for keeping the Hearing Officer and the opposing party update
on additional witnesses and exhibits through the use of an amended" pre-
hearing statement. The party amending the pre-hearing statement shall
submit one copy to the Hearing Officer and shall provide the opposing party
with a copy of the amended .statement and a copy of additional exhibits, if
any.
Under no circumstances shall witnesses or exhibits be added within twenty
2 calendar days of the hearing. No witness testimony or exhibits shall be
admissible if not identified by the parties twenty calendar days prior to
hearing.
Sectionr - ri
After acceptance of an appeal and designation of representatives, the
Hearing Officer may, at the request of the parties or on their own initiative;
schedule a pre-hearing conference at time convenient to all parties.
t the re-hearing conference the Hearing Officer may request exhibits,
define the issues, and accept stipulations of the parties. The Hearing Officer
may rule on the admissibility of exhibits and witnesses and may reject
irrelevant or cumulative` exhibits and disapprove witnesses whose testimony
is irrelevant or cumulative.
Section
Pursuant to Title 12, Article 13, Chapter 2, A.R. . 12- 212, as amended, the
Hearing Officer may issue subpoenas; compel attendance of witnesses and
production of evidence, administer oaths, and cause depositions to be taken.
Any subpoena shall be issued in the same manner as provided for issuance
of subpoenas in the Superior Court of Arizona.
Any party or witness, or a representative thereof may, within five 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
Apache Junction Personnel Rules 22
behalf the subpoena is issued of the reasonable cost of producing the books,
papers, documents, ortangible'items.
Section.
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 . Appeal Hearings
The appealing employee shall appear personally, unless physically unable to
do sobefore the Hearing Officer at the time and_ lace of the hearing. The
appealing employee may be represented y an attorney.
All hearings before the Hearing Officer shall be closed to the public.
The hearing need not be conducted in accordance with technical rules
relating to evidence and witnesses, but hearings shall be conducted in a
annex mostconducive to determination of the truth.
Any relevant evidence may be admitted if its 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 beadmissible pursuant to the Arizona Rules of
Evidence.
The rules of privileges shall beeffective to the same extent that they are no
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 proceedings, and the Hearing Officer shall not be bound by
technical rules of evidence.
The Hearing Officer shall rule on the admission or exclusion of evidence.
The proceedings before the Hearing Officer may be recorded by a
stenographer or by electronic audio or videotape. The original recording, or
certified transcript shall be a part of the record of any appeal.
Apache Junction Personnel Rules 2023
Each party shall have these rights:
• to be represented by legal counsel or other person of choice; and
• to call and examine witnesses; and
• to introduce evidence; an
• to cross-examine opposing witnesses on any matter relevant to the
issues, and
• to impeach any witness regardless of which party first called for
testimony; an
• to rebut the evidence.
If the respondent does net testify on his/her behalf, he/she may be called an
examined as if under cross-examination.
Oral evidence shall be taken only on oath or affirmation,
Hearings involving disciplinary actions shall proceed in the following order,
unless the Hearing Officer directs otherwise:
. The party imposing discipline shall be permitted to make an opening
statement.
. The appealing arty shall be permitted to make an opening statement,
. The party imposing isciplinaaction shall produce the evidence on
is/her part.
." The party appealing from such disciplinary action may then open for
defense and offer evidence in support thereof.
. The parties maythen, in order, respectively offer rebutting evidence
only, unless the Hearing Officer for good reason permits them to offer
evidence upon their original case.
. Oral or written arguments shall be permitted at the discretion of the
Hearing Officer.
7. Both parties may present closing arguments.
The Hearing"Officer shall determine relevancy, weight, and reliability of
testimony and evidence, and shall base findings on the preponderance of
evidence.
During the examination of a witness, all other witnesses, except the parties,
shall be excluded from the hearing upon motion of either pa
This hearing is not open to the public:
The standard of review for the Hearing Officer shall be whether the action
appealed from was viewed objectively, arbitrary or was taken without
reasonable cause;
Apache Junction Personnel Rules
The role of the Hearing Officer is limited as a matter of law. The Hearing
Officer may not substitute his or her independent judgment simply on the
belief that a reduced level of discipline would be more appropriate to the
offense. Based on this standard of review the Hearing Officer may sustainor
reject the disciplinary action invoked against the employee. However, the
Hearing i t may not modify the "disciplinary action. The standard of review
is not"de nova".
The Hearing Officer shall render findings of fact, conclusions of law, and
decision as soon after the conclusion of the hearing as possible, and in no
event, later than thirty 30 working days after conducting the hearing unless
otherwise stipulated by the parties. The Hearing Officer's decision shall set
forth the findings as to each of the charges and the reasons, therefore.
The Hearing Officer shell provide the decision in writing to the Human
Resources Director, the City`s counsel, and the employee and his or her
counsel, and shall set forth all the findings of fact,conclusions of law, and the
final determination.
e Human Resources Director shall provide a summary and/or copy of the
decision to the Department Director, the City Attorney, the Assistant City
Manager and the City Manager.
The decision of the Hearing Officer shall be final and binding upon both the
employee and the City, and therefore; not administratively appealable to any
office or body of the City or to any other forum, unless otherwise allowed
under Arizona law.
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Apache Junction Personnel Rules 2023
SectionRule 19. Separation other than Dismissal
When, in the judgment of the City Manager, it becomes necessary to reduce
the number of employees in a specific job classification due to lack of work or
funds, the City may lay off any employee holding such position by
classification. The City Manager, in consultation with the Human Resources
Director and the department director, shall determine the affected ositions.
The Human Resources Director shall oversee the layoff process and
notification tote affected employees. An employee being laid off will receive
a minimum notice of twoweeks.
`There are two layoff units covered by theseRules: Municipal Court and all
other City departments.
In the event of a Reduction-in-Force I ;the layoff of employees shall
follow the order below:
A. Layoff by Type of Status
Non-career status employee before initial probationary status.
Initial probationary status before transitional probationary status.
-Transitional probationary status before career status.
B. Layoff by Classification and Seniority
Career status employees serving in a classification requiring reduction in
personnel shall" e laid Gaff in the reverse order of their appointment in that
classification and within the layoff unit, the last one so appointed being the
first to be laid off.
When no position of the same class exists within the layoff unit or all
employees in the class have greater seniority than the employee, the
employee may request in writing to be placed in a lower class in the same
classification series and within the layoff unit. The employee may request
to be placed in the lower class if the employee has previously held the
position and in no circumstance shall this request be used to affect a
promotion.
The most recent classification plan accepted by the City Council and/or
modified y the City Manager shall be used as a guide. Human Resources
determines the classification series within the classification plan.
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Apache Junction Personnel Rules 22
C. Layoff Lists
layoff list shall be maintained by Human Resources for each affected
classification. All career status employees who have been laid off shall
have their names placed on the appropriate layoff list according to
seniority. If the employee has not been appointed from the layoff list to
his/her layoff title,the employee's name shall remain on the list for a
period of two 2 years from date of layoff.
It shall be the responsibility of the employee on the layoff list to provide the
Human Resources"Department with their most current mailing"address.
D. Reinstatement
As positions are reinstated within the layoff unit, individuals will be
reinstated according to seniority from the appropriate layoff list; the most
senior person laid off will be the first person hired back.
Employees resume their positions without loss of seniority. Theemployee
will be placed at the pay rate that is the closest to the rate at layoff that
does not disadvantage the employee, In addition, the employee's unused
sick leave accruals will be restored,
Upon time of reinstatement, the employee will be notified at the address
on file with Human Resources and given tenworking days to
respond. Failure to respond within that timefra e may result in the ty's
contacting the next'person on the layoff list.
Sectiont
To be considered "resignation in good standing" an employee shall submit a
written resignationto their Department Director with a copy to Human
Resources Director, at least two 2weeks before leaving service.The
resignation shall state the effective date and reasons for resignation. This
time limit may be waived by the Human Resources Director and Department
Director.
Failure to give notice as noted above may result in disqualification for future
employment with the City:
An exit interview may be arranged with the Human Resources Director and/or
his/her designee.