HomeMy WebLinkAboutResolution 2008-078 MOU with marana police officer's associationMARANA RESOLUTION N0.2008-78
RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE MARANA
POLICE OFFICERS' ASSOCIATION RELATING TO WAGES, HOURS AND WORKING
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious
and cooperative relationship between the Town and its public safety employees; and
WHEREAS the well-being and morale of public .safety employees of the Town are
benefited by providing an opportunity to participate in the formulation of policies and practices
affecting the wages, hours, and working conditions of employment; and
WHEREAS the Town and the Marana Police Officers' Association, through their
representatives, .met and conferred in good faith pursuant to the meet and confer process outlined
in Section 4-1-8 of the Marana Town Code in order to reach agreement. concerning wages, hours
and working conditions of public safety employees; and
WHEREAS the Town and the Marana Police Officers' Association have reached an
agreement concerning wages, hours and working conditions of public safety employees in the
form of a memorandum of understanding; and
WHEREAS pursuant to Section 4-1-8(F)(5) of the Marana Town Code the Town Council
has the authority to accept, reject or modify the proposed memorandum of understanding; and
WHEREAS final action of the Town Council shall constitute the memorandum of
understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND .COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby accepts the memorandum of understanding
between the Town of Marana and the Nlarana Police Officers' Association attached to and
incorporated by this reference in this resolution as Exhibit A.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement the terms and conditions
ofthe memorandum of understanding.
SECTION 3. Since it is necessary for the preservation of the peace, health and safety of
the Town of Marana that this resolution become immediately effective, an emergency is hereby
declared to exist, and this resolution shall be effective immediately upon its passage and
adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3~ day of June, 2008.
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Mayor Ed Honea
ATTEST:
ce yn C. ronson, Town Clerk
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MEET AND. CONFER
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TOWN O F MARANA
AND THE
MARANA POLICE OFFICERS'
ASSOCIATION
JULY 1, .2008..-JUNE 30, 2010
{00009350.DOC /}
TABLE OF CONTENTS
TABLE OF CONTENTS_ ........................................................................:......................... ii
PREAMBLE ............................................................................:.......................................1
ARTICLE 1; PURPOSE; DEFINITIONS: ........................................,................................ 1
Section 1-1: Purpose .........:...................:...........:....................................:........:.......... 1
Section 1-2: Definitions ....................................................................:.......................... 1
Section 1-2: Gender ................................................................................................... 3
ARTICLE 2; RECOGNITION .................................................:...........:.....................::.:.... 3
Section 2-1: Recognition ....:....................................................................................... 3
ARTICLE 3; MANAGEMENT RIGHTS ............................................................................ 3
Section 3-1: Management Rights .................................................:..:.......................... 3
ARTICLE 4; ASSOCIATION RIGHTS ..................................................................:.......... 5
Section 4-1: Association Rights ................................................:................................. 5
Section 4-2: Employee Rights .......................................................................:............ 8
ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS ...... 10
Section 5-1: Non-exclusive Remedy ........................................................................ 10
Section 5-2: Grievances ...............................:.........................................................:. 10
Section 5-3: Employment Matters Not Subject to Grievance ......................:............. 10
Section 5-4: Miscellaneous Rules ........................:................................................... 11
Section 5-5: Grievance Procedure Steps .............................................:................... 12
Section 5-6: Rules of Appeal to the Grievance Review Committee .......................... 13
Section 5-7: Grievance Review Committee :...........................................................:. 17
Section 5-8. Conference Board; Conference Board Procedures .............................. 18
Section 5-9: Contract Review Committee ................................................................. 18
ARTICLE 6; WAGES AND BENEFITS...........: ......................................................:....... 21
Section 6-1: Wages ............: ..................................................................................... 21
Section 6-2: Specialty Pay ........................................................................................ 22
Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DIC) ........................... 22
Section 6-4: Overtime ..........................................................................................,.... 22
Section 6-5: Court Overtime ......................:.............................................................. 23
Section 6-6: Jury. Duty .................................................:..................................:......... 23
Section 6-7: Call-out Pay.., ................................................................:...................... 24
Section 6-8: Shift Differential Pay ..................................................................:......,... 24
Section 6-9: On-Call Assignments; On-Call Pay .:...........................................;........ 24
Section 6-10 : Wage Re-opener ................................................................................ 24
ARTICLE 7; HOURS OF WORK/WORKING CONDITIONS..........: .............................. 25
Section 7-1: Hours ...................................................:................................................ 25
Section 7-2: Leaves .................................................................................................. 25
Section 7-3: Holidays ...............................................:..............................:................ 26
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Section 7-4: Payment of Sick Leave at Retirement or Death .................................... 26
Section 7-5: Uniform, Clothing, and Equipment ..................................,.::.................. 26
Section 7-6: Return to Work .....................:...:........................................................... 26
Section 7-7: Take Home Vehicles ............................................................................ 27
ARTICLE 8;STRIKES AND. WORK INTERRUPTION ................................................... 28
ARTICLE 9; MISCELLANEOUS ......................................................................,............ 28
Section 9-1: Saving Clause ...................................................................................... 28
Section 9-2: Seniority ............................................................................................... 28
Section 9-3: Term and Effect of MOU ..:................................................:.................. 28
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PREAMBLE
Whereas, the. Town of Marana has a fundamental. interest in maintaining a
harmonious and cooperative relationship between the Town and its public safety
employees; and
Whereas the well being and morale of the police employees of the Town are
benefited by providing an opportunity to participate in the formulation of policies and
practices affecting the wages, hours, and working conditions of their employment; and
Whereas the parties acknowledge a desire to have an informed workforce and
agree to engage in informational sessions offered to all town employees regarding
medical plan benefits and structure and retirement plan information; and
Whereas the parties hereby acknowledge that the.provisions of this
Memorandum of Understanding (hereinafter "MOU") are not intended to abrogate the
authority and responsibility of the Town government provided for under the statutes of
the State of Arizona or the charter or ordinances of the Town; and
Whereas the parties, through their representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and working conditions of employment in the bargaining unit;
and
Now therefore, the Town of Marana, hereinafter referred to as the "Town" and,
the Marana Police Officers Association (MPOA) hereinafter referred to as the
"Association" having reached this complete MOU concerning wages, hours., and
working conditions for the term specified, the parties submit this MOU to the Mayor and
the Town Council of the Town of Marana their joint recommendation that the body
resolve to adopt its terms.
ARTICLE 1; PURPOSE; DEFINITIONS
Section 1-1: Purpose
It is the purpose of this MOU to continue and maintain harmonious relations,
cooperation, and understanding between the Town and its police employees, and to set
forth the full and entire understanding of the parties reached as a result of a good faith
meeting and conferring regarding wages, hours, and working conditions of the
employees covered by this MOU; which understanding the parties intend jointly to
submit and recommend for approval and implementation to the Mayor and Town
Council
Section 1-2: Definitions
Association: the Marana Police Officers Association.
MOU 7/1 /08 - 6/30!2011 Page 1 of 30
Chief: The Chief of Police of the Marana Police Department, or a person acting as the
Chief's designee.
Conference Board: A maximum of four employee members of Police Department
Management and four employee members of the Association who meet to resolve
matters of dispute involving the interpretation of this MOU prior to invoking the review
process of the CRC.
Contract Review Committee (CRC): Five member review committee composed of three
Town Council members and two Marana residents who are not current employee, who
convene solely to make a recommendation of action to the full Town .Council regarding
resolution of disputes involving the interpretation of this MOU.
Day(s): Calendar days, unless otherwise specified in the contract.
Department: Marana Police Department.
Employee(s) or Association member or member: A Town employee who is a full-time,
Arizona certified sworn peace police officer below the rank of lieutenant, or a police
dispatcher, police property and evidence technician or police. records clerk, crime
prevention specialist and crime analyst. A person who is employed by he Town on a
contract, temporary, or seasonal basis is not considered an association member.
Grievance Review Committee (GRC): Athree-member committee made up of residents
of the Town of Marana who are not current employees and who convene as the final
step in the Grievance process to hear appeals on employment matters as-defined in this
MOU.
Management labor liaison: The Chief, or the person appointed by the Chief, to be the
Department's point of contact for the Association.
MOU: This Memorandum of Understanding, after approval and adoption by the Mayor
and Council of the. Town of Marana, as evidenced by the Mayor's signature at the end
of this MOU.
Ordinance: Marana Ordinance No. 2007.05, now codified as Town Code
Section 4-1-8.
Representative: A member of the Board of Officers, or one of the five association
representatives named in section 4-1 who are authorized to act as grievance
representatives:
Town: The Town of Marana.
Town Manager or Manager: The Town Manager of the Town of Marana, or a person
acting as the Manager's designee.
MOU 7/1./08 - 6/30/2011 Page 2 of 30
Section 1-2: Gender
Whenever any words used herein are in the masculine, feminine, or neuter; they
shall be construed as though they were also used in another gender in all cases where
they would so apply.
ARTICLE 2; RECOGNITION
Section 2-1: Recognition
The Town recognizes the Association as the sole and exclusive Meet and Confer
agent, pursuant to the Meet and Confer Ordinance for the purpose of representation
regarding wages, hours, and working conditions of the public safety employee group as
defined by the Meet and Confer ordinance, including all Town employees who are full-
time, Arizona certified sworn police officers below the rank of Lieutenant, those civilian
employee classifications as set forth in the Ordinance, and the classifications of Crime
Prevention Specialist and Crime Analyst. The Association agrees that recognition is
subject to challenge by any other labor organization wishing to represent eligible
employees as provided for under the terms and conditions of the Town Meet and Confer
Ordinance, and as specifically provided. in Section 4-1-8, Section G.
ARTICLE S; MANAGEMENT RIGHTS
Section 3-1: Management Rights
A_ Nothing in this MOU shall limit the Town in the exercise of its function of
management and in the direction and supervision of the Town's business. This
includes, but is not limited to the right to: add or eliminate departments; require and
assign overtime; increase or decrease the number of jobs; change process; contract out
work; assign work and work to be performed; schedule shifts and hours to work and
lunch or break periods; hire; suspend; demote, discipline, or discharge; transfer or
promote; layoff because of lack of work or other legitimate reasons;. establish rules,
regulations, job descriptions, policies and procedures; conduct orderly operations,
establish new jobs; abolish and. change existing jobs, determine where, when, how and.
by whom work will be done; maintain standards of proficiency in police skills ;except
where any such rights are specifically modified or abridged by terms of this MOU.
Unless an express, specific provision of this MOU clearly provides otherwise, the
Town, acting through its Manager and Chief or other appropriate officials strictly
adhering to the chain of command as may be authorized to act on #heir behalf, retains
all the rights and prerogatives it had prior to the signing of this MOU either bylaw,
custom, practice, usage or precedent to manage and control the Department.
B. Byway of example but not limitation, management retains the following rights:
1. to determine the mission, budget and policy of the Department;
MOU 7/1/08 - 6/30/2011 Page 3 of 30
2. to determine the organization of the Department, the number of employees, the
work functions, and the technology of performing them;
3. to determine the numbers, types, and grades of positions or employees assigned
to an organizational unit, work project, or to any location, task, .vehicle, building,
station or facility;
4. to determine the methods, means and personnel by which the Department's
operations are to be carried;
5. to manage and direct employees of the Department;
6. to maintain and improve orderly procedures and the efficiency of operations;
7. to hire, promote and assign employees;
8. to transfer, reassign, or detail employees to other shifts or other duties;
9. to determine the equipment to be used and the uniforms to be worn in the
.performance of duty;
10.to determine the policies affecting the hiring, promotion, and retention of
employees;
11. to establish qualifications for ability to perform work in assignments, including
physical, intellectual, and mental health qualifications;
12.to lay off employees in accordance with Town policy in the event of lack of work
or funds or under conditions where management believes that continuation of
such work would be less efficient, less productive, or less economical;
13.to establish or modify work schedules and shift schedules and the number and
selection of employees to be assigned not inconsistent with the provisions of this
MOU;
14. to take whatever actions may be necessary to carry out its responsibilities in
situations of emergency;
15. to enforce existing rules and regulations for the governance of the. Department
and to add to or modify such regulations as it deems appropriate subject to
fulfilling its meet and confer obligations;
16.to suspend, demote, discharge, or take other disciplinary action against
employees in accordance with Town policy, to require the cooperation of all
employees in the performance of this function, and to determine its internal
security practices.
MOU 7/1/08 - 6/30/2011
Page 4 of 30
17. to spell out the job responsibilities and obligations of employees and to assign
duties consistent with an officer's training and ability, regardless of whether the
exact duty is listed in a written job description.
C. Management also. reserves the right to decide whether, when, and how to exercise
its prerogatives, whether or not enumerated in this MOU. Accordingly, the failure to
exercise any right shall not be deemed a waiver. It is understood and agreed by the
parties hereto that the Town does not have to rely on any memorandum of
understanding with its employees as the source of .its rights and management
prerogatives.
D. This MOU does not purport to spell out the job responsibilities and obligations of the
employees covered by this MOU. Job descriptions are not meant to be all-inclusive.
Management reserves the right to assign duties consistent with an employee's training
and ability, regardless. of whether the exact duty is listed in a written job description.
ARTICLE 4: ASSOCIATION RIGHTS
Section 4-1: Association Rights
A. The Association, as the authorized representative, has the exclusiveright to serve
as the meet and confer representative of all employees in the public safety Employee
Group as described in the Ordinance, except as otherwise modified by this MOU.
B. Association representatives.
1. The Association may name up to five representatives and shall notify the Chief of
such designations in writing. The Association agrees to supply the Department
with a current list of elected Officers of the Association and representatives and
to keep such lists current. The Department will recognize the elected Officers
and representatives after receipt of the written notice.
2. One representative may, when the Association is designated. in writing by the
employee as the employee's representative, attend mutually scheduled
grievance meetings with Department and Town representatives. If the
representative. is on-duty, this attendance shall be without loss of pay or benefits.;
however the representative shall obtain permission of the representative's
Department supervisor to be absent from assigned duties to attend scheduled
grievance meetings. Subject to operational and scheduling factors, this
permission shall not be unreasonably withheld.
C. Payroll Deduction
1. The Town shall deduct yearly from .all 26 Town paychecks of the Association
members the regular periodic Association membership dues pursuant to the
Town's deduction authorization form duly completed and signed by the
employee, and transmit such deductions monthly to the Association no later than
MOU 7/1!08 - 6/30/2011 Page 5 of 30
the 14th day following the end of the pay period in which the. deduction occurs,
along with an alphabetical list of all employees for whom the deductions have
been made. Such deduction shall be made only when the Association member's.
earnings for a pay period are sufficient after other legally required deductions are
made.
2. Authorization for membership dues deduction shall remain in effect during the
term of this MOU unless revoked in writing by the employee or unless the
employee leaves the bargaining unit.. The written notification shall be given to
both the Town and the Association Treasurer.
3. The Town shall not make any payroll deductions for members on behalf of any
other organization that purports to provide benefits similar to those offered by the
designated Association (as defined in the Ordinance) during the term of this
MOU.
4. The Town shall, at the written request of the Association during the term of this
MOU make changes in the amount of dues deduction hereunder for the general
membership only if the dues deduction authorization signed by the member
specifically authorizes. increased deductions, without further notice to the
member, upon changes in the amount of dues levied by the Association.
5. If an improper deduction is made, the Association shall refund any such amount
directly to the employee within thirty days of notice from the employee:
D. Use of Facilities
The Town shall provide the Association with space for one bulletin board for its
use in communicating with its members at a mutually agreeable location. The
Association shall have sole and exclusive use of the bulletin board.
2. The bulletin board shall be used for the following notices: recreational and social
affairs of the Association; Association meetings; Association elections; reports of
the Executive Board or committees; rulings or policies of the state or national
organizations; and legislative enactments and judicial decisions affecting. public
sector labor relations.
3. All posted materials must be signed or initialed by the management labor liaison.
No notice or announcement that contains defamatory statements about the
Department or any Department official or employee shall be posted. A copy of all
posted material shall be forwarded to the management labor liaison. Any
violation of this section shall entitle the Department to immediately revoke the
privilege to use the bulletin board. In the event non-authorized material is
.posted, it shall be promptly removed on notification by the Department.
4. The Association is authorized to use non-work time to distribute materials to
Association members in Department mail boxes.
MOU 7/1/08 - 6/30/2011 Page 6 of 30
5. The Town shall permit Association Executive Board Members to use Town
electronic communications and inter-office mail systems for grievance and joint
Town/Association matters as necessary. A Town a-mail account and intranet
access will be provided to any employee who is an Association Executive Board
Member and who does not otherwise have access to the Town's a-mail system
and intranet. The Town's communications system will not be used for recruiting
new members. All electronic. communications are guided by Town policy.
concerning electronic communication systems. Use of Town. electronic
communications for Association purposes authorized under this MOU shall be
during off-duty hours.
E. A member of the Executive Board of the Association, or a representative, will, with
the approval of the Chief, subject to 24 hour notice in advance, be authorized to engage
in Association related activities during Town work hours on a non-paid basis, or by
using Association Leave Pool Hours. Approval for use of unpaid time. or leave pool
hours shall be subject to Department operational and scheduling factors and
administration control as to usage of such time, but shall not be unreasonably withheld.
F. The Town shall permit the Association to have a leave pool of not to exceed .200
hours per year. The leave pool will consist solely of time deducted from members
vacation leave. The Town will deduct two hours of vacation leave time from ali
Association employee members annually, crediting the time to an "Association Leave
Pool." This deduction will occur once annually and the member's vacation balance will
be charged when the collection is processed. The maximum accrual of Association
pool hours at any time shall not be greater than 500 hours. The annual vacation leave
deduction will be adjusted accordingly if the normal two-hour draw would cause the
leave bank to exceed 500 hours. The Association agrees to use personal time if the
time required exceeds available leave bank. hours.
G. Paid leave pool time may not be-.used unless an association paid pool .leave time
authorization form has been completed prior to the use of the leave. The#orm shall
require the signature of the Association President and the Chief, and shall be submitted
to the Chief for approval at least twenty-four hours in advance of the use of the leave.
Approval for use of paid time from the leave pool shall be subject to Department
operational and scheduling factors. Such approval shall not be .unreasonably withheld..
The Department's management labor liaison will charge the bank and periodically report
use and balance to the Association President. Leave pool hours maybe carried over
from year-to-year. Paid leave pool hours shall not be counted as hours worked for the
calculation of overtime.
H. In recognition of the mutual benefit. to both the Town and the Association, an
employee using Association leave.pool time as defined in this MOU to conduct
Association business shall_be accorded all insurance-related benefits. Approval of
claims made for benefits will be determined in the same manner as any other Town.
employee.
MOU 7/1/08 - 6/30/2011 Page 7 of 30
I. At a time established by the Department, the Association will be allowed one hour
during the post-academy to talk to and possibly sign new employees into the
Association and to explain the rights and benefits under this MOU.
J. The Association. may designate up to three employee members to represent the
Association in the Meet and Confer process with the Town. Association employees who
are on the Association negotiating team and who are scheduled to work at the time of a
negotiation meeting shall be excused from their regular duties .without loss of pay for the
duration of the meeting. If a negotiating team member is not on-duty during the
negotiations, the member will not be paid for the time spent in negotiations.
Section 4-2: Employee Rights
A. Employees have the right to be represented by the Association and to have a
member of the Association present during the grievance meetings described by the
grievance process set forth in Article 5, and during any administrative Department
interview when the Department reasonably believes that the interview could result in
dismissal, demotion or suspension. An employee is not entitled to representation by the
Association during an interview of an employee that is:
1. In the normal course of duty, counseling, or instruction, or an informal verbal
admonishment by, or other routine or unplanned contact with, a supervisor or
other law enforcement officer.
2. Preliminary questioning to determine the scope of the allegations or if an
investigation is necessary.
3. Conducted in the course of a criminal investigation.
4. Conducted in the course of a polygraph examination.
B. If an employee requests, representation will be allowed during any administrative
Department interview when the Department reasonably believes that the interview could
result. in dismissal, demotion or suspension, whether the interview is conducted as part
of an administrative investigation by Internal Affairs or by a Department supervisor vvho
is conducting an administrative investigation. The employee will obtain the most readily
available representative. The representative will make every reasonable effort to arrive
in a timely manner from the time a phone call is made by the employee to the
representative. The representative will attend the above interview only as an observer.
C. The interview session shall be for a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated. The
employee shall be permitted reasonable breaks of limited duration during any interview
for telephonic or in person consultation with others, including an attorney, who are
immediately available.
D. An employee may make a written request for a second polygraph examination. If
good cause is presented for a second polygraph examination, the Department will
MOU 7/1/08 - 6/30/2011 Page 8 of 30
arrange for the administration of a second polygraph examination. In no event will more
than two polygraph examinations be administered.
E. An employee under investigation shall be notified in writing every 30 days as to the
current status. of the administrative investigation. This notification shall include an
estimated date of completion.
F. An employee shall on request be allowed to review the employee's Department and
Town personnel. files in the presence of a management representative.
G. No employee shall have any adverse comments entered into the employee's
Department or Town personnel files without the employee being informed by the
supervisor in writing of the comments. The employee may upon request receive a copy
of the adverse comment. An employee may attach rebuttal statements to any material
in the employee's Department or Town personnel files. that may be adverse in nature.
H. tf a Department supervisor or Internal Affairs investigator interviews a law
enforcement officer and the Town reasonably believes that the interview could result in
dismissal, demotion or suspension, the employee shall. be given a written notice
informing the employee of the specific nature of the investigation, the officer's status in
the investigation, all known allegations of misconduct that are the reason for the
interview, and the employee's right to have a representative present at the interview.
The employee and/or the Department supervisor/Internal Affairs representative. shall.
each be entitled to mechanically record the interview. Should any mechanical
recordings take place, the Department and the. employee reserve the right to transcribe
any such interview for the purpose of verifying the accuracy of the interview.
1. A copy of the signed and dated notice of investigation shall be given to the
employee prior to the beginning of the interview.. The employee shall have the
right to retain the notice of investigation for. use throughout the entire course of
the interview. An employee shall be provided an opportunity to make a
telephone call after the issuance of the notice of investigation to obtain a
representative.
2. In the event an employee does not record the interview, the employee may
request a copy of the investigator's tape(s) if the investigator records the
interview.
3. If an employee is told not to speak to anyone regarding an investigation, this
admonition shall not apply to speaking with an attorney functioning within the
attorney-client relationship, or with a representative. When the investigation is
completed, the employee shall be notified in writing of the findings.
I. The Town shall count as time worked any hours or fractions of hours spent within
the regular work shift of an employee under investigation who is being interviewed
pursuant to this Article, and shall count as time worked any hours or fractions of hours
spent outside the employee's work shift. The Town shall count as time worked any
MOU 7/1/08 - 6/30/2011 Page 9 of 30
hours or fractions of hours spent within the regular work shift of a representative-who is
attending an interview with an employee pursuant to this Article:
J. An employee who receives a written reprimand may request a copy of the official
documentation, if any, supporting the written reprimand.
K. Employees shall have the right to participate on behalf of or engage in activities on
behalf of the Association. Employees shall be free from any interference, restraint, or
coercion by any other employee, supervisor, or manager in pursuance of the rights
granted under the Ordinance and in this MOU.
ARTICLE 5; .GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS
The Town. and the Association have agreed to these procedures as a means to:
A. Ensure all employees fair and equitable treatment;
B. Promote harmonious. relations among employees, supervisors and managers;
C. Encourage-the settlemenf of disagreements informally at the employee-supervisor
level;
D. Provide an orderly procedure to handle disagreements through the various
supervisory levels when necessary; and
E. Resolve grievances as quickly as possible.
Section 5-1: Non-exclusive Remedy
An employee covered under this MOU may choose to exercise rights under this
grievance review process or under the Town Personnel. Action Review Board (PARB)
process, but may not use both processes. Once the employee has elected one (by
taking the initial step under the process), that election is irrevocable for that
grievance/employee action.
Section 5-2: Grievances
Unless otherwise stated in this MOU, an employee may file a grievance involving
termination, reduction in pay, demotion, suspension without pay, or reduction in pay in
lieu of suspension without pay in accordance with the Grievance Procedure Steps set
forth in this article.
Section 5-3: Employment Matters Not Subject to Grievance
The following employment matters are. not subject to grievance:
A. Placement of an employee in, or the content or the structure of, the Town's
Classification Plan;
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B. Placement of an employee in, or the content or structure of, the Town's Salary Plan;
C. The content or structure of the Town's benefits programs;
D. An employee's performance evaluation;
E. Extension of an evaluation period;
F. Assignments, transfers or reassignments, including. those to or from lead .positions or
special- positions;
G. Municipal. finance or budgetary issues; and
H. Layoffs.
Section 5-4: Miscellaneous Rules
A. Employees who have not completed an initial evaluation-period with the Town are
not permitted to file a grievance.
B. After an issue has been initially presented for review, an employee may not add new
allegations at a subsequent step.
C. Time limits provided in these procedures may be extended to a date certain by
mutual written agreement of the Town and the employee.
D. An employee's failure to file a timely appeal in writing o the next step in the process
will constitute a waiver, and the decision shall be final, binding and not subject to further
review. Failure by the Chief or the Town to respond to a grievance within the specified
time frame will allow the employee to move to the next step in the grievance process.
E. Meetings held under these procedures shall be conducted at a mutually agreed
upon time and place that affords a fair and reasonable opportunity for all persons
entitled to be present to attend.
F. No discipline, retaliation, or threats of retaliation shall be taken against any
employee, representative, witness or other participant, whether testifying or not, in these
grievance procedures by reason of such participation.
G. For pay and benefits purposes, time spent by employees in discussions with
management or in testifying before the Grievance Review Committee (GRC) is
considered time worked, but shall not be used in computation of overtime under the
FLSA.
H. Employment matters subject to reviewmay be resolved or settled at any step in the
process. Such matters will be processed until: (a) the employee does not file a timely
appeal (as defined in the steps); or (b) a decision has been made in the final step; or
(c) the employee withdraws the grievance.
MOU 7/1/08 - 6/30/2011 Page 11 of 30
I. All employment decisions (and resulting wage and/or benefit losses flowing from
them) are effective when made by the Chief. Upon reversal of the decision at any step
in the review process, the employee may recover any wages and/or benefits lost.
Section 5-5: Grievance Procedure Steps
A. Step One: Appeal to Chief
1. Within ten days of the time the employee receives written notification of an
employment matter that is subject to review,. the employee must. file a request for
grievance review with the Town's Human Resources Department on a form
provided by the Town.
2. The Chief shall review the issue, attempt to resolve it, and give a written decision
to the employee within ten days of having received the employee's request for
grievance review from the Town's .Human Resources Department.
3. If the issue involves conduct of the Chief, the Human Resources Department
shall give the request for grievance review to the Town Manager, who shall
proceed as stated in Step Two, below.
B. Step Two: Appeal to Town Manager.
1. If the employee is not satisfied with the Chief's decision or if no decision has
been rendered within ten days after submission to the Chief, the employee may
appeal the. decision to the Town Manager.
2. The appeal must be submitted in writing to the Manager within ten days after
delivery to the employee of the decision being appealed.
3. The Manager will review the appeal and communicate a decision in writing to all
concerned parties within 20 days of the Manager having received the employee's
written notice of appeal
C. Step Three: Appeal to the Grievance Review Committee (GRC)
1. If the employee is not satisfied with the Town Manager's decision or if no
decision has been rendered within 20 days after submission to the .Manager, and
provided the employment matter is subject to a Step Three appeal,. the employee
may appeal the decision to the GRC.
2. Only disciplinary actions taken by the Town that involve. termination,. reduction in
pay, demotion, suspension, or reduction in pay in lieu of suspension without pay
are subjectto a Step Three appeal to the GRC.
3. An appeal must be submitted in writing to the Human Resources Department
within ten days after delivery to the employee of the employment matter being
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appealed. If the employee fails to submit a written appeal within ten days, the
lower action will be automatically affirmed.
Section 5-6: Rules of Appeal to the Grievance Review Committee
A. Method of Appeal
The appeal will be a written statement,. addressed. to the Grievance Review.
Committee (GRC) through the Human Resources Department, explaining the
employment matter appealed, the action desired, and the reasons for it. The appeal
shall also include all previous correspondence. concerning. the matter.
B. Human Resources Director to Determine Jurisdiction
Upon receipt of the writ#en appeal, the Human Resources Director shall confirm
that the appeal raises an employment matter subject to review under this MOU. The
Human Resources Director's determination may be appealed through the Contract
Review Committee Process set forth in this MOU. Upon the Human Resources
Director's determination that the appeal raises an employment matter subject to review,
the GRC shall request the Town to furnish copies of all correspondence and any part of
the appellant's personnel file pertaining to the issue being appealed.
C. Notice of Hearing
1. .Within 30 calendar days of the Human Resources Director's determination that
the appeal raises an employment matter subject to review under this MOU, the
GRC shall set a date for a hearing. The chairperson of the GRC shallnotify all
interested parties of the date, time, duration and place of the hearing.
2. The hearing should take place within 60 days of the Human Resources Director's
determination that the appeal raises an employment matter subject to review
underthis MOU, unless the time is extended by the GRC, or unless the GRC is
unable to hear the appeal within that time, or for good cause. In no event shall
the hearing take place sooner than 21 calendar days from the date of the hearing
notice or later than six months from the date the employee files the appeal..
D. Pre-Hearing Exchange of Information
1. Not later than ten days before the hearing, the Town and the employee shall
disclose to each other and to the GRC the witnesses each anticipates calling at
the hearing; a synopsis of their testimony; and a list of documents each
anticipates presenting to the GRC; and the names, work addresses, and work
telephone numbers of any individuals who will be acting as representatives.
Witnesses, in their own discretion, may decide whether they wish to be
interviewed.
2. Within three days after the Town's receipt of the employee's written request for
.the investigative file, the Town shall disclose to the. employee a complete copy of
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the investigative file and the names and work addresses of all persons
interviewed during the course of the investigation.
E. Hearings
1. The employee shall appear personally, unless physically. unable. to do so, before
the GRC at the time and place of the hearing.
2. The hearing shall be of sufficient duration to allow adequate time for the matter to
be presented.
3. The. employee may be represented by any person or attorney (other than a GRC
Member or a Town employee) who is willing and is not a witness or otherwise
involved in the matter.
4. The Town may also be represented by an attorney or other representative acting
on the Town's behalf.
5. Except as provided in Section 5-6(J)(3), the parties are individually responsible
.for their own attorney's fees.
6. The hearing shall take place in executive session unless the employee requests
in writing #hat the hearing take place in open session.
7. The hearing shall be limited to the specific cause(s) of the disciplinary action
.giving rise to the appeal. However, evidence of relevant past misconduct and/or
relevant disciplinary action, if any, shall be admissible.
8. The hearing will be recorded by audio or video recorder, or other mechanical or
electronic means.
9. If following the hearing a party requests a copy of the transcript of the hearing,
the cost of the copy, including preparation of the transcript, shall be paid by the
party or parties ordering them.
10.The employee may submit a written request to the Human Resources
Department to withdraw the appeal at any time. prior to the decision by the GRC.
F. General Conduct of the Hearing
1. The Chairperson shall call the hearing to order, introduce all parties, summarize
the issues and relief requested, outline the hearing sequence, and swear in all
witnesses.
2. The hearing is informal and the technical rules of evidence do not apply;
however, the Chairperson will preside over the hearing in such a manner as wily
best ensure the receipt of reliable evidence and fairness for the parties within the
general guidelines of these procedures. The Chairperson shall maintain
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appropriate decorum throughout the conduct of the hearing. The decisions of the
Chairperson on the conduct of the hearing will. be final.
3. If the fiearing is held in executive session, attendance at the hearing is limited to
the employee, .the Chief, each party's attorney or representative, the GRC
members, staff needed to assist the GRC with. any administrative tasks and to
carry out its hearing functions, and each witness during his or her testimony. If
the hearing is open to the public, witnesses (other than those listed above) shall
on the request of either partybe directed to remain .outside of the hearing room
except during their testimony.
4. The Chairperson of GRC may issue subpoenas to compel the attendance of
witnesses and/or the production of documentary evidence. If any person fails to
appear and/or produce a document in response to a duly issued subpoena, the
Chairperson of GRC may, by affidavit setting forth the facts, apply to the Superior
Court for relief.
G. Default Decision
If, after receiving proper notice, the employee or the Chief fails to appear at or
participate in the hearing within 15 minutes of the time set for the hearing, the GRC may
enter a default against the party failing to appear. The GRC may reconsider a default
decision upon a party's submission of .proof of exigent circumstances within ten
calendar days of receipt of the default decision.
H. Statements and Questioning of Witnesses
1. The Town or its representative may make an opening statement.
2. The employee or employee's representative may then make an opening
statement.
3. The Town will present its case first, calling witnesses and presenting its evidence
to establish the reasons for the employment action that is the subject of the
appeal
4. Except as provided in above,. a witness may be present in the hearing only during
his or her actual testimony.
5. The employee or representative may ask questions after. the Town has
completed the questioning of each witness.
6. The Town may then ask further questions of the witness limited to those areas
raised in the employee or representative's cross examination of the witness.
7. After the Town's witness testifies and the employee/representative and GRC
members have had an opportunity to ask questions, the witness will be
dismissed.
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8. When all witnesses of the Town have been heard, the employee/representative
will present his/her witnesses and evidence in the same format.. The Town may
ask questions of the employee's witnesses after the employee/representative has
completed questioning the witness. The employee/ representative may then ask
further- questions of the witness limited to those areas raised in the Town's cross.
examination of the witness.
9. Rebuttal witnesses may be permitted to testify as the GRC determines
appropriate.
10. GRC members may ask questions of a witness at any time
11. Each side may call disclosed witnesses who are believed to be relevant. Each
party is responsible for securing the attendance of their own witnesses; however,
the Town will make Town. employees available for the hearing, if timely. disclosed
and requested.
12. No witnesses or documents will be considered by the GRC that were not
disclosed during the pre-hearing exchange of information unless the party can
show that the witness or documents are newly discovered, there was prompt
disclosure, and the evidence is crucial In addition, the GRC, may, at its
discretion, exclude certain witnesses or documents even if timely disclosed if it
finds such evidence to be irrelevant, cumulative, redundant, or overly
inflammatory.
13. After all witnesses have been questioned, first the Town and then the employee,
and then the. Town may make closing statements. Because the Town has the
burden of supporting its decision, it has the right to open and close the argument..
I. Submission to the GRC
1. After all .evidence has been submitted and closing statements have been made,
the parties and their representatives will be excused. The GRC will then
deliberate in private. Following deliberation, the GRC will vote in open session
and render a decision. The decision shall be based on a majority vote of the
GRC members. The voting shall be by roll call
2. The only decision the GRC may make is either to uphold or overturn the action of
the Town being appealed by the employee. If, after the hearing, the GRC
determines that there was just cause for the action taken by the Town, then the
action shall be affirmed.
J. Findings
1. Within ten days after the conclusion of the hearing, the GRC shall prepare. and
distribute the GRC's final decision to the employee, the Town Manager, Human
.Resources Director and the Chief.
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Page 16 of 30
2. If the GRC overturns the action of the Town, the employee will receive back
payment for wages and benefits, if any, lost as a result of the Town's action.
3. Pursuant to A.R.S. §§ 38-1004(C) and 38-1007, the GRC may award. reasonable
costs and attorney's fees to .the employee, not to exceed $10,000, if the
employee was appealing an employment matter involving demotion, dismissal, or
a suspension.
4. If necessary, the. GRC may set a hearing, no later than ten days from the
conclusion of the appeal hearing, to make findings as to the amount of attorney's
fees to award to the employee. An award of attorney's fees shall not be made if
the disciplinary action related to off-duty activities unrelated to the required duties
of the employee.
Section 5-7: Grievance Review Committee
A. Composition
1. The Grievance Review Committee (GRC) shall be composed of #hree members,
who shall be residents of Marana. One member of the GRC shall be appointed
by the Association, one member of the GRC shall be appointed by the Town
Manager, and the third member shall be selected by agreement of the two
appointed members. The Chairperson of the Board shall be selected by
agreement of the two appointed members. GRC members shall serve terms of
one year, which shall automatically held over unless the member is replaced.
GRC members may not be Town employees or elected officials.
2. GRC members serve in a voluntary capacity and shall not be compensated nor
shall they receive any benefits from the Town for their service on the GRC.
B. GRC Attorney
The GRC may be assisted by an attorney who is appointed by and paid for by
the Town. The GRC Attorney will remain the same through individual. cases. The Town
and the GRC will be represented by separate attorneys.
C. Meetings
1. The GRC meetings shall be arranged by the Human Resources Director when an
appeal is filed by an employee.
2. A majority of the members of the GRC shall. constitute a quorum for the
transaction of business. Any decision of the GRC shall require two affirmative
votes.
3. Meetings shall be properly noticed and conducted in accordance with the.Arizona
Open Meeting Law and such operational rules and procedures as shall be
adopted by the GRC.
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4. All meetings shall be recorded and accurate minutes shall be approved by the
GRC and forwarded to the Town Clerk
D. Final Decision
All decisions of the GRC are final and not subject to further review within any
Town process.
Section 5-8. Conference Board; Conference Board Procedures
A. It shall be the duty of the. parties to exert every reasonable effort to settle all disputes
concerning the terms and conditions of this MOU. The .parties agree to negotiate in
good faith all disputes arising .from this MOU.
B. Conference Board meetings shall be held upon request of either the Association or
the Town. Once a request is made fora meeting, the meeting shall be held within ten
days.
C. The purpose of these meetings shallbe to resolve any dispute or difference in
interpretation of this MOU. A maximum of four employee members of Department
management and four employee members of the Association shall attend these.
meetings.
D. Arrangements for the meeting shall be mutually agreed upon by all parties. Both the
Association and the Town shall notify each other in writing of the subjects they wish to
discuss no later than three days in advance of the meeting.
E. Upon request of either the Association or the Chief, the Town Manager will be asked
to participate.
F. If the dispute cannot be resolved to the satisfaction of either of the Association or the
Town through the Conference Board, either party may request a hearing before the
Contract Review Committee. The hearing request shall be submitted to the Human
Resources Director within the 45-day period immediately following the first meeting held
by the Conference Board.
Section 5-9: Contract Review Committee
A. Composition
1. The Contract Review Committee (CRC) shall be composed of five members, who
shall be three current Town council members and two citizens who shall be
residents of Marana. The Town Council members shall be appointed by the
Mayor and Council, one citizen member shall be appointed by the Town Manager
and one citizen member shall be appointed by the Association. The Mayor and.
Council shall appoint one of the Town council committee members to serve as
chair of the CRC. CRC members shall serve a term. of one year will
automatically be held over unless replaced.
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2. The CRC members serve in a voluntary capacity and shall not be compensated
nor shall they receive any benefits from the Town for their service on the CRC.
3. If a member cannot serve for a full term the original appointing body shall appoint
a replacement.
B. Purpose
The purpose of the CRC shall be to make a recommendation of action to the full
Town Council regarding resolution of disputes regarding interpretation of this MOU.
C. CRC Attorney
The CRC may be assisted by the Town Attorney's Office.
D. Meetings
1. The CRC meetings shall be arranged by the Human Resources Director when a
request is filed by the Association or the Chief.
2. A majority of the members of the CRC shall constitute a quorum for the
transaction of business. Any recommendation of the CRC shall require three
affirmative votes.
3. Meetings shall be properly noticed and conducted in accordance with the Arizona
Open Meeting Law.
4. All meetings shall be recorded and accurate minutes shall be approved by the
CRC and forwarded to the Town Clerk.
E. Scheduling
The Human Resources Director shall schedule the hearing of the Contract
Review Board no later than 30 days following receipt of the request, unless this time
limit is waived by mutual consent of both of the parties. The parties shall submit
position papers and supporting documentation to the Human Resources Director at
least 15 days in advance of the scheduled hearing. The Human Resources Director.
shall provide copies of all documentation to the Contract Review Board and the parties
at least 7 days in advance of the scheduled hearing.
F. CRC Hearing
1. The hearing shall be of sufficient duration to allow adequate time for the matter to
be presented. The Association may be represented by any member of the
Executive Board or employee member of the Association and the Town may be
represented by the Chief.
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2. Either party may consult with attorneys, but shall not be represented by attorneys
at a CRC hearing. The parties are individually responsible for their own
attorney's fees.
3. The hearing shall take place in public session and shall be limited to the specific
.issue of contract dispute.
4. The hearing will be recorded by audio or video recorder, or other mechanical or
electronic means.
5. If following the hearing a party requests a copy of the#ranscript of the hearing,
the cost of the copy, including preparation of the transcript, shall be paid by the
party or parties ordering them.
6. Either. party may submit a written request to the Human Resources Department
to withdraw the disputed matter at any time prior to the hearing by the CRC.
G. General Conduct of the Hearing
1. The Chairperson shall call the hearing to order, and introduce all parties, and
ensure equal time is afforded to both parties for presentation of the issues.
2. Each party shall have the opportunity to present its position to the CRC and the
preferred recommended solution.
3. The hearing is informal and the technical rules of evidence do not apply;
however, the Chairperson will preside over the hearing in such a manner as will
best ensure the receipt of reliable evidence and fairness for the parties within the
general guidelines of these procedures. The Chairperson shall maintain
appropriate decorum throughout the conduct of the hearing. The decisions of the
Chairperson on the conduct of the hearing will be final
4. The hearing is open to the public..
H. Statements
1. The party initiating the complaint shall present its position first.
2. Each party shall have an opportunity. to present a rebuttal statement. A
reasonable time period during the hearing may be granted by the CRC to the
parties to prepare a rebuttal statement.
3. Each party shall have an opportunity to make a closing statement.
4. The CRC shall have the opportunity to ask questions of either party.
5. The CRC shall have the option of continuing the hearing to a date certain if the
CRC determines it needs additional information to make a recommendation.
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I. Findings
1. The CRC shall reach a recommendation at the conclusion of the CRC meeting.
This recommendation shall be placed on the next available agenda for action by
the Town Council
2. If the parties reach agreement on a resolution of the disputed item during the
CRC process, the agreement will be placed on the next available agenda for
action by the Town Council
ARTICLE 6; WAGES AND BENEFITS
Section 6-1: Wages
A. The Association and the Town will work together to find a fair and reasonablepay
scale for all employees, to be incorporated into this MOU.
B. Step Pay Plan
1. Sworn personnel and dispatchers covered under this MOU shall be placed on an
eight step pay plan that will start from the date of hire.
2. Sergeants shall be placed on a four-step pay plan from the date of promotion.
from officer.
3. For the purposes of this step plan, the employee's anniversary date shall be the
date of the most recent personnel. action involving a hire, promotion or demotion.
An anniversary date shall not change for a lateral transfer or special assignment.
4. Sworn personnel and dispatchers (after FY 2009) shall be eligible move to the
next higher step on the employee's anniversary date based on an evaluation of
job performance using the Town's performance management system.
5. Sworn personnel and dispatchers (after FY 2009) at the top step shall be eligible
fora 5% lump sum bonus on the employee's anniversary date based on an
evaluation of job performance. using the Town's performance management
system.
6. Dispatchers converting to the eight-step pay plan in FY 2009. shall be eligible for
placement on a step that provides not less than a 5% annual increase on the
employee's anniversary date based on an evaluation of job performance using
the Town's performance management system. Where the step placement
results in less than a 5% annual increase, the dispatcher. shall receive a lump
sum amount for the difference on the employee's anniversary date.
MOU 7/1/08 - 6/30/2011 Page 21 of 30
7. Attachment "A" to this MOU incorporates the step pay plan for sworn personnel
and dispatchers covered by this MOU. This step .pay plan shall be in place for
the duration of this MOU unless modified as provided in Section 6-9 of this MOU.
C. Open Range Pay Plan
1. Non-sworn .employees covered under this MOU, excluding dispatchers, shall be
placed on an open-range pay plan.
2. Attachment "B" to this MOU incorporates the open range pay plan for non-sworn
personnel, excluding dispatchers, covered by this MOU.
3. Pay increases shall be based on an evaluation of job performance during the
month of July using the Town's performance management system.
4. For fiscal year 2009, non-sworn personnel, excluding dispatchers, may be
eligible for a wage increase of up to 5% effective the first full pay period in
September, 2008 based upon an evaluation of job performance. Pay increases
for subsequent fiscal years covered by this MOU (FY 2010 and beyond) shall be
determined as provided. in Section 6-9 Wage Reopener of this MOU.
Section 6-2:.Specialty Pay
A. Any police officer assigned as a Detective in the Criminal Investigations Unit will
receive 10% special assignment pay for the duration of the assignment.
B. Any patrol. officer or dispatcher assigned as a Field Training Officer (FTO) will
receive one hour of overtime added to any shift during which the officer or dispatcher is
training a new employee.
Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DlC)
A. Police Patrol Officers designated by the Chief as Officer in Charge (OIC) shall
receive a 5% increase in pay for the hours worked in an acting first-line supervisory
capacity when there is no first-line supervisor working a patrol shift. The Chief shall
determine the method for appointing an OIC.
B. Dispatchers designated by the Chief as Dispatcher in Charge (DIC) shall receive a
5% increase in pay for the hours worked in an acting first-line supervisory capacity
when there is no first-line supervisor working a dispatch shift. The Chief shall determine
the method for appointing a DIC.
Section 6-4: Overtime
A. For the purposes of this MOU, overtime shall be defined as all hours worked in
excess of 40 hours in the seven-day work period defined by Town policy.. Paid time off
for holidays as defined in this MOU shall be included in computing the number of hours
worked for overtime compensation.
MOU 7/1 /08 - 6/30/2011 Page 22 of 30
B. Overtime may be authorized and required by the Chief when it is in the best interest
of the Town. Overtime shall be authorized in advance by the Chief,. unless emergency
situations preclude advance authorization.
C. Overtime compensation for employees shall be computed in accordance with the
Fair Labor Standards Act. If overtime is to be paid, it must be recorded and paid, at one.
and one-half times the regular rate of pay, on the next regular pay day following the
conclusion of the pay period in which the overtime was worked. If overtime is to be
applied to compensatory time, it must be recorded atone and one-half times the
number of hours worked.
D. The decision to be paid overtime in cash or to record it as compensatory time shall
be at the discretion of the employee.
E. Compensatory time shall not accrue beyond 80 hours maximum.
F. Accumulated compensatory time shall be paid:
1. When the accrued compensatory time exceeds the maximum. Payment will be
for that amount which exceeds the maximum
2. Upon separation for any reason, including death of the employee.
3. When an employee transfers or promotes to a position .not eligible for overtime.
G. A request for use of compensatory time shall be made. in the same mannerthat a
request for. vacation leave is made.
Section 6-5: Court Overtime
A. When court time constitutes. overtime, an employee shall be entitled to a minimum of
two hours overtime compensation, or the actual number of hours worked, whichever is
longer. The employee shall be required to comply with the court attendance verification
system prescribed'by the Chief.
B. For purposes of this Article the term "Court" shall be defined as including Federal
District Court, any Superior Court, any municipal court, any county court, Federal, State,
and county grand juries, Motor Vehicle Department hearings, and prosecutorial. and
defense interviews. It is understood that the term "Court" shall not apply to Town
administrative hearings including but not limited to arbitration hearings pursuant to the
MOU and Town Personnel Action Review Board hearings.
Section 6-6: Jurv Dut
When an employee is called upon to serve as a juror in any court action, the
employee will be allowed leave from their duties without loss of pay for the time required
for this service. Any remuneration received by the employee from the court as payment
for jury service shall be turned over to the Town.
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Section 6-7: Call-out Pay
A. When an employee is called back to regular duty more than one hour after leaving
Town facilities at a time other than the employee's regular assigned shift, to perform
unscheduled duties which are in excess of the employee's regular hours of work, the
employee will receive a minimum of two hours overtime each time called out, or the
actual overtime worked, whichever is greater. Calculation of the actual hours worked
shall begin at the time of the call-out and shall include travel time to and from the place
the employee is directed to report to work.
B. Travel time shall not apply when an employee is working overtime that is scheduled
or planned in advance.
Section 6-8: Shift Differential Pay
An employee shall receive 90 cents per hour. in addition to the employee's base
hourly rate of pay when working a shift which falls between 6:00 p.m. {1800 hours) and
6:00 a.m. (0600 hours)..
Section 6-9: On-Call Assignments; On-Call Pay
A. The following, assignments shall be eligible for on cal'I pay: Detective, Accident
Reconstructionists, SWAT, PIO, Crime Scene Specialists and K-9 units.
B. Sworn personnel in eligible assignments shall receive on call pay of $.50 per hour
for the hours outside of their normal workweek that they are assigned to be on call and
available, but not actually working. Hours actually worked outside of the regular work
shift shall be compensated as time worked, except as provided otherwise in this MOU.
C. The Chief shall determine the length, duration and rotation of on-call assignments..
Section 6-10: Wage Re-opener
The Association and the Town recognize that it is difficult to predict economic
conditions and agree that a wage re-opener may be initiated by either party during the
duration of this MOU for each upcoming fiscal year beginning with fiscal year 2010..
Either the Association or the Town may request a review of the pay plans included in
Attachment "A" and Attachment "B" under this section of the MOU, by providing written
notification to the other party by December 15. Written notification shall be directed to
the Town Manager if the Association is the initiating party or to the Association
Executive Board President, if the Town is the initiating party.. Within 30 days of the
receipt of the notice, the representatives shall hold an initial meeting and shall conclude
all discussions regarding changes to the pay plans by March 15. If the parties. cannot
agree on proposed changes to the pay plans, the matter shall be referred to the Town
Council who will hear recommendations from the Town Manager and the Association in
public session. The council may accept, reject or modify proposed changes to the step
pay plan as part of the budget adoption process for the upcoming fiscal year. Except by
MOU 7/1/08 - 6/30/2011 Page 24 of 30
mutual agreement, no issues .other than these wages shall be discussed during the
wage re-opener.
ARTICLE 7; HOURS OF WORKNVORKING CONDITIONS
Section 7-1: Hours
A. The regular hours of work for employees covered by this MOU shall be 40 hours in a
seven-day (Saturday through Friday) work period.
B. Employees shall be assigned to work shifts that the Chief determines are best for
the Department.
Section 7-2: Leaves
A. Employees requesting the use of vacation times shall make a written request to their.
supervisor. The employee's request shall be granted whenever possible.
B. Employees requesting the use of accumulated compensatory time shall make a
written request to their supervisor. Compensatory time off shall be granted within a
reasonable period after making the request, if such time off does not unduly disrupt the
operations of the Department.
C. If it is necessary to limit the number of employees of any rank on vacation or holiday
leave at any time or period of time, then .employees with greater seniority within. that
rank at the Department shall be given priority.
D. When an employee's leave request must be denied due to staffing levels, the
employee may request permission to trade shifts with any. other fully qualified employee
of the same rank (if a sworn employee), or of the same classification (civilian
employee), subject to the approval of the supervisor(s) of both employees. When
trading shifts, the Town will incur no liability for overtime except for extended shifts.
E. Employees who are members of the National Guard or any branch of the Armed.
Forces may, with the approval of their supervisor, switch days off or- use shift trades to
accommodate weekend military duty. The shift trade may be with. any other fully.
qualified employee of the same rank (if a sworn employee), or of the same classification
(if a civilian employee), subject to the approval of the supervisor(s) of both employees.
When trading shifts, the Town will incur no liability for overtime except for extended
shifts.
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Section 7-3: Holidays
A. When possible without decreasing the effectiveness of the various municipal
services, employees shall be allowed paid holidays as provided .below:
New Year's Day Martin Luther King's Day
Presidents Day Memorial Day
Independence Day Labor Day
Veteran's Day Thanksgiving Day
Day after Thanksgiving Christmas Day
B. When a holiday falls on Sunday, it will be observed on the following Monday. When
a holiday falls on a Saturday, it will be observed on the preceding Friday.
C. Compensation or paid time off when not working a holiday:
When a holiday falls on an employee's regularly scheduled day off, the employee
will be given 8 or 10 hours compensation for that day depending on the scheduled work
day of that employee.
D. Employees. covered. under this agreement shall be eligible for 16 hours of personal
leave each calendar year. Leave does not accrue and must be used within the calendar
year.
Section 7-4: Payment of Sick Leave at Retirement or Death
Upon the death of an employee the employee's designated beneficiary shall
receive 50% .pay for. sick leave accrued at the employee's established hourly rate.
Section 7-5: Uniform, Clothing, and Equipment
A. Anew sworn employee will receive all uniforms and equipment mandated by the
Chief. All sworn employees will receive from the Town a uniform and equipment
maintenance allowance of$1,200, half to be paid in July and half to be paid in January.
B. Anew non-sworn employee shall receive all. equipment and non-sworn uniforms
required by the Chief. Anon-sworn employee, who. is required to wear specified work
attire during the performance of their duties, will receive a fiscal year work attire
allowance of $600. This payment will be paid half in January and half in July.
Section 7-6: Return to Work
A. Employees covered under this MOU who are unable to temporarily perform the
essential functions of their regular position due to awork-related illness or injury or off-
duty illness or injury may be eligible for the Return-to-Work Program upon written
certification from a medical care provider. The medical care provider must certify to the
Human Resources Directorthat the employee may return to work with restrictions for
MOU 7/1/08 - 6/30/2011 Page 26 of 30
the job in question, and that those restrictions are temporary and not expected to last
more than 180 days.
B. Requests will be evaluated based on the restrictions identified by the physician and
the work available that addresses those restrictions. The Town is not obligated to
create work in order to provide an alternative work assignment.
C. Employees with an on-the-job. injury shall be given preference for an alternative work
assignment. An employee with an off-duty injury may be required to relinquish his/her
alternative work assignment in order to provide an alternative work assignment to an
employee with an on-the-job injury, when there is no alternative work assignment
available.
D. Alternative Work Assignments
1. When an employee is approved for an alternative work assignment primary
consideration will be given to job placement within the Departmenf.
2. A secondary consideration will be alternative placement into another department,
including an assignment that is a lower classification than the employee's. normal
job assignment; however there shall. be no loss in wages for the hours worked in
an alternative work assignment...
E. An employee participating in the Return-to-Work Program is subject to all .rules,
regulations, standards, policies and procedures of the Town and the specific
department.
F. Procedures
1. The procedures for requesting an alternative work assignment shall be
established by the Chief in consultation with the Human Resources Director.
2. Procedures will be disseminated and/or otherwise made available electronically
to all employees covered under this MOU.
Section 7-7: Take Home Vehicles
The Town and the Association agree that the visible. presence of the Department
in the community contributes to the public's. perception of safety. In addition, sworn
employees serving in certain "on-call" assignments must be available to respond to call-
outs quickly and with the proper equipment. In recognition of these goals the Town and
the Association agree to the following Take Home Vehicle Program for sworn
personnel
1. All sworn employees covered under this MOU who have established permanent
residency within the Town limits of the Town of Marana as defined by the Chief
shall be eligible for atake-home patrol vehicle or unmarked vehicle, depending
upon their assignment.
MOU 7/1/08 - 6/30/2011 Page 27 of 30
2. When officially scheduled on an on-call status, the following. on-call positions
shall be eligible for atake-home patrol vehicle or unmarked vehicle, depending
upon their assignment: Detective, Accident Reconstructionists, SWAT, PIO,
Crime Scene .Specialists and K-9 units.
3. The Chief shall establish the procedures for the Take Home Vehicle Program.
4. The Town and the Association agree that this program wilt be phased in over the
90-day period immediately following the adoption of this MOU and fully
implemented no later than January 31, 2009.
ARTICLE 8:STRIKES AND WORK INTERRUPTION
It is understood and agreed that the Association and its members shall not
participate in the instigation, .organization, leadership, or execution of any strike, work
stoppage, slow-down, or other form of concerted work interruption, and#urther agree to
assist, fulfill, and provide the continuing orderly execution of all police services. Any
violation of this Article shall be a material breach of this MOU, which may then be
immediately terminated by the Town upon written notice to the Association;
The Association acknowledges that any employee involved in any of the conduct
described in this Article is subject to discipline, up to and including termination.
ARTICLE 9; MISCELLANEOUS
Section 9-1: Savina Clause
If any Article or Section of this MOU should be held invalid by operation of or by
final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any Article or Section should be restrained by any tribunal, the
remainder of this MOU shall not be affected thereby; and upon issuance of such final
decree, the parties, upon request of either of them, shall meet and confer and endeavor
to agree on a substitution provision or that a substitute provision is not to be included.
Section 9-2: Seniority
Seniority shall be considered in the setting of vacation schedules and shift
assignments.
Section 9-3: Term and Effect of MOU
A. The MOU shall be and remain in full force and effect, following adoption and
approval by the Mayor and Council, beginning with the 1st pay period in July, 2008
through. June 30, 201.0.
MOU 7/1 /08 - 6/30/2011 Page 28 of 30
B. Notification of intent to renegotiate this MOU by either party shall be in writing, not
less than 90 days prior to the expiration of this MOU.
C. Contract termination or expiration shall result in immediate cancellation of all
provisions contained in this MOU, except for the conditions and processes of re-
negotiation, and all such provisions shall remain canceled until a new contract is ratified
with the following exceptions:
1. If negotiations are underway, the terms and conditions of the MOU shall
automatically be extended for a period of 90 days or may, by mutual consent of
the parties, be extended for a period. not to exceed one year.
2. If an election process under the Meet and Confer Ordinance should occur during
negotiations and necessitate any delay in negotiations, the terms and conditions
of this MOU will automatically be extended for a like period of time.
D. By mutual consent of the parties, this MOU may be opened at any time for
amendment. Any request for amendment shall be in writing and shall contain a detailed
statement of the changes desired and reasons for them. The first meeting for
negotiating the amendment will be scheduled within a reasonable period of time not to
exceed 30 days after mutual consent to reopen. No changes shall be considered other
than those directly related to the subject of requested amendments and MOU shall be in
writing, signed and adopted by both parties. Such MOU shall become effective upon
adoption and will remain in effect until the amended MOU expires.
G. This MOU shall be reopened for amendment should there be any reduction by the
State of Arizona in those revenues currently shared by the State with cities and towns
within the State.
H. If any section or provision of this MOU violates existing Federal, State, or Town law,
then such law shall supersede such provisions or sections.
I. The lawful provisions of this MOU are binding upon the parties for the term of this
MOU.
J. This MOU constitutes the total and entire agreement between the parties and no
verbal statement shall supersede any of its provisions.
K. The Town's rules and regulations, administrative directives, departmental rules and
regulations, and work place practices shall govern employee relations unless there is a
specific conflict with this MOU approved by the Town Council. pursuant to the
Ordinance. Where a specific conflict exists, this MOU shall govern.
[Signature page follows]
MOU 7/1/08 - 6/30/2011 Page 29 of 30
IN WITNESS WHEREOF, the authorized representatives of the parties have
affixed their signatures below.
TOWN OF MARANA MARANA POLICE OFFICERS
ASSOCIATION
,.
Michael A. Reuwsaat, Town Manager Bill Derfus, P sident
Dated: ~ " 0'2l ~ O~ Dated: ' off' Off'
Accepted by:
MARANA TOWN COUNCIL
Mayor Ed Honea
Dated: ~ D
ATTEST:
cely ronson, Town Clerk.
APPRO ED AS TO FORM:
---
rank assidy, Town Att ney
MOU 7/1 /08 - 6/30/2011
Page. 30 of 30
Attachment A
Memorandum of Understanding
SWORN EMPLOYEES
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0 - 1 yr 1.01 - 2 yrs 2.01 - 3 yrs 3.01 - 4 yrs 4.01 - 5 yrs 5.01 - 6 yrs 6.01 - 7 yrs 7.01 + yrs
Police Officer
Monthly $3,464.93 $3,638.18 $3,820.09 $4,011.09 $4,211.65 $4,422.23 $4,643.34 $4,875.51
Annually $41,579.20 $43,658.16 $45,841.07 $48,133.12 $50,539.78 $53,066.77 $55,720.10 $58,506.11
Bi-weekly $1,599.20 $1,679.16 $1,763.12. $1,851.27 $1,943.84 .$2,041.03 $2,143.08 $2,250.23
Hourly $19.99 $20.99. $22.04 $23.14 $24.30 $25.51 $26.79 $28.13
.STEP 1 STEP 2 STEP 3 STEP 4
0-1yr 1.01-2yrs 2.01-3yrs 3.01+yrs
Sergeant
Monthly $5,120.27- $5,376.28 $5,645.09 .$5,927.35
Annually $61,443.20 $64,515.36 $67,741.13 $71,128.18
Bi-weekly $2,363.20 $2,481.36 $2,605.43 $2,735.70
Hourly $29.54 $31.02 $32.57 $34.20
STS EP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8
0 -1 yryr 1.01 - 2 yrs 2.01 - 3 yrs 3.01 - 4 yrs 4.01 - 5 yrs 5.01 - 6 yrs 6.01 - 7 yrs 7.01+ yrs
Detective (S pecial Assignment)
Monthly $3,811.60 $4,002.18 $4,202.29 $4,412.40 $4,633.02 $4,864.67 $5,107.91 $5,363.30
Annually $45,739.20 $48,026.16 $50,427.47 $52,948.84 $55,596.28 $58,376.10 $61,294.90 $64,359.65
Bi-weekly $1,759.20 $1,847.16 $1,939.52 $2,036.49 $2,138.32 $2,245.23 $2,357.50 $2,475.37
Hourly $21.99 $23.09 $24.24 $25.46 $26.73 $28.07 $29.47 $30.94
NON-SWORN EMPLOYEES
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 .STEP 8
0-1yr 1.01-2yrs 2.01-3yrs 3.01-4yrs 4.01-5yrs 5.01-6yrs 6.01-7yrs 7.01+yrs
Dispatcher
Monthly $2,625.62 $2,827.59 $3,029.56 $3,231.53 $3,433.50 $3,635.48 $3,837.45 $4,039.42
Annually $31,507.48 $33,931.10 $36,354.75 $38,778.40 $41,202.05 $43,625.70 $46,049.35 $48,473.00
Bi-weekly. $1,211.83 $1,305.04 $1,398.26 $1,491.48 $1,584.69 $1,677.91 $1,771.13 $1,864.35
Hourly $15.15 $16.31. $17.48 $18.64 $19.81 $20.97 $22.14- $23.30
Note: Dispatch salaries set from top step at 5% increments from the top step (95% 90% 85%, 80%, etc.)
MOU July 1, 2008 -June 30, 2011
ATTACHMENT B '
Memorandum of Understanding
ANNUAL
JOB TITLE
Police Records Clerk
Crime Scene Specialist
CrimePrevention Specialist
Crime Analyst
MLN. MID. MAX.
$ 26,523 $ 33,153 $ 39,784
$ 32,315 $ 40,394 $ 48,473
$ 37,476 $ 46,845 $ 56,213
$ 37,476 $ 46,845 $ 56,213
MOU July 1, 2008 -June 30, 2011