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HomeMy WebLinkAboutOrdinance 83.05 Adopting personnel policiesOrdinance No. 83.05 ORDINANCE ADOPTING PERSONNEL POLICIES FOR THE TOWN OF ~RANA WHEREAS, the Town of Marana has determined that it is necessary for the efficient administration of the To~m and its employees to have a comprehensive personnel policy, and WHEREAS, the Town Council of the Town of Marana, on May 9, 1983 adopted personnel policies for the Town of Marana. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA that the personnel policies for the Town of Marana, as approved by the Mmrana Town Council on May 9, 1983 be and the same are hereby adopted by this Ordinance as the Town's formal personnel policy. WHEREAS, the immediate operation of this Ordinance is necessary for the efficient administration and operation of the Town and its employees, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after this passage, adoption and approval by the Town Council of Marana. THIS Ordinance and the To~m of Marana's Personnel Policies supercede any and all previous Codes, Ordinances, Resolutions and Actions by the Town of Fmrana to the contrary. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA this 18th day of May 1983. ATTEST: Town Cler~ f .\ . , AMENDED TOWN OF MARANA PERSONNEL POLICIES Adopted May 9, 1983 01. RESPONSIBILITIES 01.01. Responsibilities of the Tow~ Cou~cil 01.01.01 It shall be the responsibility of the Town Council to establiSh, at least once each year, the staffing pattern and salary structure for all Town employees for the following fiscal year, and ~o review and modify, if it is considered necessary, the Town Staffing Pattern and Salary Structure at least once eacn three months during t; he i:i sca 1 year. 01.01.02. It shall be the direct responsibility of t~e Town Council to recruit, select, hIre, assIgn, determine compensation for, evaluate, promote or demote, transfer, discipline, discnarge, susoend, and determIne retIrement conditIons for all department heaes employed oy tne Town of Marana, as conditions may reqUIre. Said department hsads sh~ll be designated by the Town CouncIl as part of its adoption of a Town Staffing Pattern. 01.01.03. It shall be the responsibility of the Town Council to review and aeprove, reject, or modify as desired, all recommendations from department heads regarding nlrlng, promotion, demotion, or discharge of each employee subJ~ct to those cepartment heads. :Z11.~Z11.eI4. It shall review and approve, from department heads be the responsibility of tile Town Council ~o reJEct, or modify as desired all recommendations for employee merit pay increases. 0.1. Ill!. Q)5. ::;!1'~ i ev arlces established Tne Town Cou~cil shall act as a Board of Appeals filed by Town employees, under the grievance by these personnel poliCIes. fOr' all at"'I:,cec u'I''''e rLl1.02. RESPONSIBILITIES AND OFFICE OF THE TOWN MANAGER 01. :2:12. tiH. APPOINTMENT: QUALIFICATIONS: TERM OF OFFICE. The Town Manager snaIl be aopointed by a majority vote of t~e Town 'Council for an indetermInate term. The Town Manager snaIL be chosen by the C;:ll.lncil Oy, t~e basis of hIS or Ger execl_lt1V? 2Y,d adr~lYlistra.tive oualiflcatlcrns and nis 0~'" t1el^ ~n!~wledce elf acce~ted !~t~2ctice 11~ respect to the duties of tne offlce as nereinafter Town Manager shall serve at the oleasure of the Town se t fc,y,t n. .(-;12 Cou.,.-,c i 1. ,21 1. tZl~:::. 02. RESIDENCY REQUIREMENTS. : At; the t i rJl e 0 F "lis CI";"" :-i 2"r'" a;::J p'=, 1 nt mel~lt , tne State, sha 11 l-'es I de the Town Manager need not be a reSl~ent of the Town or of cut during his or her tenure of office, the Town Manager inSIde tne bou~dary of t~e Marana UnIfied School DIstrIct t\JCI. 6. 1 01.02.03. INELIGIBILITY OF COUNCILMEMBER: appointed Town Manager during the term for been elected to the Council. No Councilmember shall be which he or sne shall have 01.02.04. REMOVAL FROM OFFICE: The Town Manager may be removed by the Council by a majority of its members with or without cause upon 30 days notice. The Town Manager must give 90 days written notice of his or her intent to resign. 01.02.05. POWERS AND DUTIES: The Town Manager shall be the executive officer and head of the administrative branch of tne Town. He or s~e shall be responsible to the Town Council for tne proper administration of all affairs of the Town. He or sMa have the power and shall be required to: of the (a) GENERAL ADMINISTRATIVE SUPERVISION: Execute, the Town Council, general administrative supervlsion and affairs of the Town. on behalf control of (b) ATTENDANCE, ETC., AT COUNCIL MEETINGS: Attend all meetings of the Town Council with the duty of reporting on or dlSC1Jssing any matter concerning the affairs of the departments, boards, serVlces or activitles under his or her supervision, ucon wnich, should Ge informed. Exceptions to attending meetings of the Town Council may be granted upon written request by the Town Manager a~d aporoved by the Mayor. (c) APPOINTMENTS TO AND REMOVAL FROM OFFICE: To aopoint, and when necessary, suspend or remove all appointive officers and employees of the lown, except as hereafter provided. All appointments and removals shall be based upon merit and upon the qualifications or disqualifications of such officer or employee without regard to any political belief or affiliation, and in coordination with the appropriate Department Head. The power of appointment, susoenslon, or removal of the Town Attorney, Chief of Police, and Town Magistrate shall be expressly reserved to tne Town Council. (d) COORDINATION OF ADMINISTRATIVE FUNCTIONS: Coordinate the administratIve functIons and 6perations of tne various oepartments, boards, divisions and services of the Town Government, and on its behalf to carry out policies, rules, regulations and ordinances acocted by it, relating to the administration of the affairs of such departments, boardS, divisic,ns l:tr serVlces. (e) BUDGET: Cause to be preoa~~ed and su~nlit.ted to l'lnl or her ~y eaCh decartment, board, division or serVIce of t~e To~n Government, itemized annuai estimates of eXDendi~ures required ~y them for caPltal outlay, salaries, wages and mIscellaneous ooerating costs; to tabulate the same lnto a oreliminary consolioated municipal bUdget and submIt the same to the Town Council annually on t~e date s8Bcified by it, with his or her recommendatlons as to any increases, cecreases, cancellations, transfers or Changes in any of the items inclUded In the preliminary budget. c (f) PURCHASING: Supervise the expenditures of all departments, divisions or services of the Town Government and to act as Purchasing Agent for the purchase of all supplies, goods, wares, merchandise, equioment and material which may be required for any of such departments, divisions or services, provided that no single purchase or group of purchases of like items shall total more than 1,000.00 dollars unless approved by Council action. (g) RECOMMENDATIONS TO COUNCIL: Analyze and suoervise the functions, duties and activities of the various departments, boards and services of the Town Government and all em~loyees thereof, and to make such recommendations to the Town Council with reference thereto, as in his or her~ Judgrnent "'Jill r'esult, if made effective, in the highest degree of efficiency in the overall operation of the Town Gover'rlment. (h) DEVELOPMENT OF IMPROVEMENT PROJECTS AND PROGRAMS: Develop and organize necessary improvement projects and programs and to aid and assist tne Town Council and the various departments and boards in carrying the same tnrougn to a successful conclusion. (i) PUBLIC RELATIONS: Serve as Public Relations Officer of tne Town Government, and to follow through and endeavor to adjust all complaints filed against any employee, ceoartment or service thereof to the end that every effort may be made to satisfy all citizens that their Town Government is being ooerated in their behalf with the hIghest degree of efficiency. (J) COOPERATION WITH COMMUNITY ORGANIZATIONS: Cooperate with all community organizations whose aims and purposes lt is to advance the interests of the Town and its residents ,and to provide tnem with all reasonable assistance obtainable through the Town Government within the limitations of the law. (k) PERSONAL PROPERTY OF TOWN: Make and keeo an up-to-~ate inventory of all personal property owned by the Town and to recommend to tne Town Council tne purchase of new machinery, equipment and supplies whenever, in his or her Judgment, the same can be obtaIned at the oest advantage, taking into conSIderation trace-in value 07 rllaCnlr,er~y, eduioT11ey.,t, etc. in use. (1) CONSOLIDATION, ABOLISHMENT, ETC., OF TOWN O=F!CES: ~ake, or cal_lse to be rnace, studies a'nd sur'veys of 1;1-,e duties, t'esoorlsibillties and work of the personnel in the various departments and services of the Town Government, and to recommend to the Town Councll abolition or consolidation of positions or transfers or removal of ~ersonnel, whenever in his or her Judgment, such action would increase effIciency in the administration of tne Town Government. ..J (m) ENFORCEMENT OF LAWS: In cooperation with the Marana Police Department to see that all laws and ordinances of the Town of Marana and the State of Arizona are duly enforced. (n) DEVOTION OF ENTIRE TIME TO DUTIES: Devote his or her entire work effort to tne discharge of his or her official duties. Exceptions to tnis requirement may be granted by the Town Council acting upon a written request from the Town Manager. (0) required of laws of the RDDITIONAL DUTIES: Perform suc~ other duties as nim or her by t~e Town Council, not inconslstant state or the orcinances of the Town. may witn be the 01.02.06. LIMITATIONS UPON RESPONSIBILITY: The Town Manager shall not exercise any policy making or legislative functions whatsoever, nor attempt to commit or bind tne Town Councilor any member tnereof to any action, plan or program requiring official action of the Town Council. It is not intended by this article to grant any authority to, or impose any duty upon the Town Manager wnich is vested In or imposed by general law or Town ordinances in any Town commission, board, officer or employee except herein soecifically set forth. 01.02.07. CONDUCT: (a) In the discharge of his or her duties as Town Manager, the cerson haloing such position shall endeavor at all times to exercise the highest degree of tact, patience and courtesy in his n- her contacts with the pUblic and with all Town boards, deoartments and employees and snaIl use his or her best efforts ~o establish and maintain a harmonious relationshIp between all personnel emoloyed in the government of the Town to the end that the hignest possible standards of public service shall Ce continuously maintained. (0) The Town perTormance review of Council shall annually tne Town Manager. conduct a conl~rehenSlve 01.02.08. acproved by conditioned BOND: The Town Manager snaIl Furnish a sure~y bond to tne Council in the sum of 25,000 dollars, SUCh bond to on tne faithful oerformance of hIS or her duties. be be 01.02.03. COMPENSATION Tne TCfwn ~ana~er~ snaIl f~eceive such CI.:!fn~Ensa.til:ln as t~e COllncil s~all flX f~c!m tlrJ~e tel t:rne. o 1.03. RESPONSIBILITIES OF THE TOWN CLERK 01.03.01 It snaIl De the primary responsioillty of tne Town Cler~ to prepare and malntain all recorCs and documents recuired by these personnel policies and all other personnel records required by sta~e and feceral law. 4 01.03.02. It shall be the responsibility of the Town Clerk to prepare all paychecks for Town employees, to prepare and maintain all payroll and associated records and reports, and to disburse, in accordance with the Town's financial procedures, all monies due to employees and all payments for withholding taxes, payroll taxes, and other payments determined by the Town's compensation structure. 01.04. RESPONSIBILITIES OF DEPARTMENT HEADS 01.04.01. It shall be the responsibility of each department to assign specific duties to employees under his Jurisdiction, suoervise those employees to the extent considered appropriate, assure that they are prooerly tralned to perform their assigned duties, and evaluate the performance of those employees on a regular basis. 01.04.02 recommend status of promotion, It shall De the responsibility of each department head to the lown Council any proposed change in the employment any employee under his Jurlsdiction with respect to demotion, or pay grade. 01.04.03. It shall be the responsibility of each department head to formally evaluate each employee under his Jurisdiction at least once annually, normally on or near the anniversary date of that employee's initial employment with the Town, and based on that evaluation, make any recommendation considered appropriate to the Town Council regarding that employee's retention, oromotion, cemotion, cischarge, or change in pay grade. 01.04.04. It shall be the responsibility of each department head to recruit, evaluate, select, and recommend for hiring to the Town Council, a sufficient number of employees to complete staffing for his department in accordance with the staffing pattern established by the Town Council within sixty (60) days after the official adootion of tnat staffing pattern by the Council. All recommendations for hiring submitted to the Town Council shall be accompanied cy enough informatIon to allow the Town Councll to make an informed decision regarding the Department Head's recommen~ation. If such a decision IS not rendered by the Council withIn thirty (30) days of the Deoartment Head's recommendation, the Department Head shall consider t~e recommenda~ion to be aporoved. 01.04.05. The Town Marshal/Chief of Police, Roaes Supervisor, BIJilding Insoector, Town Magistrate, Town A~torney, and Town Engineer snall be considered exempt employees under the provisions of the Federal Fair Labor StariCat~Cs Act. 01.05. RESPONSIBILITIES OF OTHER SUPERVISORS 01.05.01. It shall be the responsloility of each suoervisory employee to supervise those employees assigned to hIS jurisdiction to tne extent considered appropriate and to evaluate their oerformance on a regular basis. 5 01.~5.02. It shall be the responsibility of each supervisory employee to recoMmend to his immediate superior any proposed change in the employment status with respect to assignment, promotion, demotion, or pay grade of any employee under his Jurisdiction. 01.05. RESPONSIBILITIES OF EMPLOYEES 01.06.01. It shall be the responsibility of each employee of the Town of Marana to perform the tasks assigned to hlm by his suoerior in a correct, conscientious, and deligent manner to the best of his ability and In accordance with the ordinances, regulations, and procedures of the Town of Marana and tne laws of Pima County, The State of Arizona, and the United States of America. 01.06.02. It shall be the responsibility of each employee of the Town to read and study these personnel policies to the extent necessary to obtain an understanding of them as they pertain to his emoloyment with the Town of Marana and to so signify by signing the aporooriate form attached to the copy of these personnel policies supplied to him upon nis employment by the Town. The signed form will be retained in the employee's personnel file. 01.06.03. It shall be the responsibility of every iown employee to remember that the employees of the Town are servants of the public and to treat the residents of the Town of Marana with all due respect in the conduct of Town Business. 02. THE PERSONNEL PROCESS 02.01. Recruiting 02.01.01. seeks to vacancies Recruiting shall be defined as the process by whlcn the Town obtain potential employees to fill eX1sting or exoected in the Town work force. 02.01.02. Whenever a vacancy eXIsts or 1S exoected in the Town work force, a notice to that effect shall be posted in t~e Town Hall and all other olaces within the Town of Marana where ou~lic not1ces of the Town Council meetings are posted. Sucn Notice of Vacancy snaIl also be published in a newspaper of ~eneral circulation that 1S puclished and circulated within the Town, If one is avallable~ and in any o~her pub11cation determIned liKely to be read cy a des1reable Qool of potential employees, such determination to De made by the Town Council's acministrative liaison offIcer Tor the aporooriate department. s 02.01.03. Each notice of an expected or existing vacancy ln the Town work force snaIl include the following: (a) Job Title; (b) a brief Job descl"~iption; <c) a statemel',t of necessar'y Job qualificatic'l'ls; (d) anticipated salary range; <e} the deadline for receiving aoplications; and <f) the manner in Which apolication may be made. 02.01.04. Approoriate Job application forms shall be available to all Job appllcants in the office of the Town Clerk during normal business hour~s. 02.. 01. iZ15. All aoplicatio'ns the Town Clerk. The Clerk JOos with the Town, Whether been posted and published. be maCe available to all employees for the Town. for JObS witn the Town shall be filed witn shall accept and file all aoolicatlons for or not a soecific JOb vacancy notice has The file of active Job applications shall Town officials responsible for hiring 02.01.05. Whenever a notice of an expected or potential applicants shall be given date of initial pos~ing In which to employment with the Town Clerk. OC.st ed, fr~om the existing Job vacancy is at least ten (10) days file aoplications for 02.01.07. Apolications for a specific Job with tne Town reviewed by the Town officlals responsible for selecting the for that position within thirty (30) days after the announced for apolications. mus.t be employee deadline 02.12)1.12)8. All aoplicatio'(ls for in an active aoplicatlon file Which they will be discarded. employment with tne for a period of six Tov-~r, s:-la11 ( 5) rnOr-,t h s, be ke pt a ft er~ lL12. 02. Selectio..... 02.02.01 Selection shall be defined as choosing a Town employee among those inDiVIduals who have applled for employment with the wnether or not such aoplications have been In resoonse announcement of a specific Job opening. f'rellll T':<Wl'"I, to an 02.02.02. In selecting an aoplicant aooroorlate deoart~ent head or Town for a position Wlt~ tne Town, t,e CI~'_tncl1 Liaisc1n Of'ficer fl:lt~ that s e aa r"''C i,1eY"I't: s~all first r3n~ all aO~licants in 0r~der l~f Otla~lfiC3tl':lrs f Cq'" t ;"1 e p;~sition teing filled, \suc~ ran~irg to ~e !:!Yi the basis applications and any other supoorting documentatIon. c'a"r-,dldates.. CI)'1 the baSIS elf that '("aY"lki1r:g, ~:;ha.ll tnerl of T:'e s U tHlll t t e d t: f:'O t ~r~E-= -0::\ -'.- cersonally interviewed by t,e approorlate ceoar~ment Mead or approoriate Town Council Llalson Officer. The three too candioates May also be required to take a com~etitive examination tnat may incluce achievement tests, aotituce tests, oerformance tests, ohysical a 0 i lit Y t est 5, :11 e d i r:: a 1 t est 5 , <:"r~ an y c ':' ril b i 1'"1 a tic 1'"1 ':' f t tl e sea n d .:< the r a~prooriate written or non-written tes~s. 7 02.02.03. On the basis o~ the evaluation procedure described a~ove, the appropriate department head or Town Council LiaIson Officer snaIL choose one apclIcant for each vacant position for recommendation to the Town Council for hiring. Such recommendation shall be submitted to the Town Council in writing with a cooy to the recommended applicant. The written recommendation to the Town Council snaIl be accomcanied by the applicant's apollcation form and all other supporting documentation, including results o~ tests taKen, if any. 02.02.04. All unsuccessful shall be notified that they hiring within one week after applicants ~or a position with the ~own failed to qualify for recommendation for the selection process has been completed. 02.02.05. The Town Council shall act to accept, reject, or cefer ~or a specIfic reason, all recommendations for hiring submitted to it at the Council's next regular or special meeting after the selection process has been completed and a recommendation suomitted to it. If the Town Council fails to act on a particular recommendation to nire made by a Department Head withIn thirty (30) oays, tne recommendatIon shall be considered aoproved. 02.03. Induction 02.03.01. Induction snaIl be defined as the process by which an employee is notified that he has been selected for a specific position with the Town, indicates his acceptance of employment with the Town, comoletes necessary records for Town ~lles, and begins work for the Town. Date of induction snaIl be defined as the first day of worK for the Town. 02.03.02. Upon approval of an aopropriate hiring recommendation by the Town Council, the aporoved applicant shall be notlfied by the Town Clerk, in accordance with instructions from the acpropriate department head, of the Council's action. Such notification shall be by mail, and where possible, by teleohone witnin twenty-four (24) hours after the Councll actlon. Such notificatIon snaIl incluce information as to the exoected starting ti~e and date or employment, the a~proved salat~y, arlC the indlvicual to Whl:IM the enlrJloyee will ce res~j~nslble, as well as all other COndl"tlorlS o-r e~p~oYMen.t cha~ rnay ~e a~prl:l~rla.te. Q2.03.03. Pefc.re tl~e apo~~oved apolican~ fllay stat~t WI~~~K, all approcriate forms for withholdlng taxes and employee insurance and all other records that may be requIred oy the Town shall be completed and submitted to the Town Clerk. 8 02.03.04. Each new employee of the Town shall be supolied with a copy of these Personnel Policies and any other Town or departmental regulations pertaining to the employee's work. The new employee shall be required to read these Personnel Policies and all other regulations thus supplied and file with the Town C:erk a statement that the employee has read and understands the Personnel Policies and other aoorooriate regulations. Sald signed statement snaIl be filed with the employee's personnel records. 02.03.05. Each new employee of the Town shall be required to take a physical examination to ascertain if tney are pnysically capable oT performing the duties of the Dosition, and to ascertain whether the new emoloyee has any prior serious ailment or injury wnicn t~e Town should be aware of. This examination shall be at the Town's expense, and shall be comoleted prior to the start of employment, and shall be performed at the Marana Community Clinic. 02.04. ASSIGNMENT 02.04.01. Assionment a defined position duties entailed 1n head. shall be defined as the placing of an employee with the Town and the explanation of the that position by the employee's cepartment in 02.04.02. Changes writing, All initial assignments of new employees and substantive 1n assignment for c6ntinuing emcloyees shall be made in and a copy shall be placed in tne emoloyee's personnel file. 02.04.03. All initial assignments of new employees shall be probationary for a period of not less than three (3) months. Where considered aporopriate by the Department ~ead and the lown Council Liaison Officer, the probationary period for any particular Job may be designated as any oeriod greater than three (3) months but not in excess of one year. Where such a probationary period of greater tnan three (3) months hasoeen designated for a particular Job, it shall apply to all employees thereafter hired for t~at Job, cut shall no~ aoply to tnose on prObationary status in that Job at the time tne designation is made. For any new employee, t~e length of orobationary status must be lnOlcated at the time of inductlon. 02.04.04. All reassignrnerlts of shall be consicered as cl~n.tirlu.i~'.'g er~ployees, tr!cl1_tciYlg prl~bat:l:lnat~Y fOt.~ a Oet~iCld I~f tnt'ee p~~!~mc,ticlns, mOYlths. 9 02.04.05. At any time prior to the completion of a probationary assignment period, an employee's assignment may be rejected by that employee's Department Head, or in the case of the Department Head, by the Town Council Liaison Officer, without cause. Any new employee whose work is thus rejected prior to the completion of his probationary period, will be considered discharged from employment with the Town. Any continuing employee wnose work is thus rejected without cause prior to the completion of a probationary period will be considered to be returned to that employee's previous Job assignment, status, and former pay. 02. 05. TRAINING 02.05.01. p'r~act ice skills or it may ma i 1'".-1:; a i 1'"1 perfo'r'rnance Training shall be consicered to include instruction and in Job performance above that required to acqulre minimal abilities necessary to fulfill a position with the Town, but also include instruction and practice needed to renew or skills or abilities required in the effective Job and previously cemonstrated at a level of acceptable p..'o f i c i erlcy. 02.05.02. Each department head shall be responsible for developlng and implementing an effective training program for the emoloyees uncer hlS Jurlsdiction in order to maintain their performance and the performance of his department at an optimum level of oroficiency. Such training programs snaIl be developed and submitted for review to the appropriate Town Council liaison officer with Jurisdiction over that depa'r~tmerlt. 02.06. COMPENSATION 02.06.01. Wages and salaries a. Each Town employee snaIl be paid in accordance with the wage and salary structure Duly ado~ted cy the Town Council and made a part of these personnel policies. IMe employee's wage level sMall be as specified by the official Job descriotion for his position and the employee's merit class as specified by the Town Council U~on recommen- cation from the employee's deoartment head. Eacn employee of the Town snaIl De eligible for a merit oay increase ucon satisfactory comole- tion of his initial pt~obatil~nat~y pet~icld a~;d l~pon t'ecl:lmr:lendatil:l~ l~f his De~artme~t Head and there after a merit oay increase annually. b. EaCh Town emoloyee shall be oald on the fifth and twentieth day of eaCh month. Where tne normal Day date falls on a Saturcay, tMe emoloyee shall be Odld on the preceding Friday. Where tne normal pay date falls on a Sunday, the employee snaIl be pald on tne following Monday. Where the normal pay date falls on a legal holiday of the Town, the employee shall be paid on tne immediately preceding legal wOl"k day. 10 c. A new wage and salary structure shall be adopted each year by the Town Council no later than May 31, said wage and salary structure to oecome effective the following July 1. Any cost-of-living adjustments tnat may be granted shall be granted as equal percentage changes to all wage and salary categories in the structure. Although it may be the intent of the Town Council to grant a cost-of-living increase comparable to the increase in the National Consumer Price Index over the previous twelve (12) months, the actual amount of any such increase will be cepenoent upon estimated available revenues for the coming fiscal year as oetermined by the Town Council. The Council may also make other changes in the wage and salary structure before May 31 to correct perceivec inequities, to reflect changes in the organization of the Town's work force, or for any other reason deemed necessary and appropriate by the Town Council. Any new wage and salary structure so adopted shall become effective on July 1 immediately following its adoption by the Town Council. d. Each employee of the Town shall be eligible for a merit pay increase annually on the anniversary date of t~e employee's hiring and shall be consicered fer such an increase withln sixty (60) days after said anniversary date, uoon comoletion of an annual employee serformance evaluation by the employee's department head. Upon completion of said performance evaluation, the department head mayor may not recommend that the employee's merlt designation be increased by one or two merit classes or not at all. All recommendations for merit pay increases shall be submitted to the Town Council for final approval or rejection or modification. Aeproved merit pay increases shall take effect with the first pay period after the employee's anniversary date. e. Any change in wage or salary resulting from a change in position must be submitted to the Town Council by the aporopriate cepartment head for approval or disapproval. Recommendations for such changes may be suomitted whenever considered aopropriate and necessary by the departrnerlt head. 02.06.02. Frlnge Benefits a. Each full-time $20,000 life Insurance employee of tne Town shall POllCY, with premiums oaid be oy o~~ovided the TOlrrn. ."J i t;'/ a '- '-J . t:.acil f' u 11 -1; i ;:"!8 ern!:J: 1 (,:tyee o'f the TC~YI s.lall be c':!ver~2d 'Dy 't"e ~Gwn's grouQ health lnsurance orogram wltn all oremlums oaid oy tile Town. The ar~CIUYlt and type of coverage prc,vifjed shall be deterMil~ed by -:tlE -;-C'~~.l""! (:'o'-lY"lc'il, a'r~!,j each efJ1pl':'yee 'sh,-::\ll be i"r'"lf'cl'j....r(1ed c,'f tr,e rl(:\Clj"r-'/:? and exten~ of tne coverage annually. c. rile fO~~3'n ema 1 ':'yel'~ Town shall provice no funds, except as herelnafter set forth, employee re~irement program o~her than tne amoun~s oaid as taxes under the Feceral Soclal Security Program. 11 d. Sworn law enforcement personnel of the Marana Department of Public Safety snaIl be entitled to participation in the Arizona Public Safety Personnel Retirement System. The Town shall provide its normal contribution as called for under the provisions of said system. 02.07. PERFORMANCE EVALUATION 02.07.01. Eacn employee of the Town shall have his performance on the Job evaluated by his immediate superior at least annually, within thirty (30) days after the employee's anniversary of hire date. The evaluation reoort shall be filed 1n the employee's oersonnel file and shall be used in any recommendations for change o~ aay status or asslgnment. The evaluatlon snaIl address the adequacy of the employee's performance in the position currently held, items of special competence or achlevement, and areas of needed lmprovement. 02.07.02. Each emoloyee of the Town in probationary status s~all have his Job performance evaluated by hlS immedlate suoerior no later than fifteen (15) days prior to tne completion of his probationary period. The Job evaluation shall form the basis for the employee's retention In the position, assignment to anclther ~osition, or separatic:n from the Town's emoloyment. 0;;::.07.03. All appr":,ved by the performance evaluations snaIl be recorded on Town's Council's adminlstrative liaison officer. 'rCI'i"fJ1S 02.08. PROMOTION AND DEMOTION 02.08.01. Promotion of a Town employee to a position witn a designated pay level nigher than that currently held by that employee or to a position of greater responsibility or supervisory authority s~all be made only by the Town Council upon recommendation of the employee's depar'trnent head. 02.08.02. Recommendation of an e~ployee for promotion decartment head at any time deemed approoria~e by head. may ~e made by a t na t depal'~t mer"lt 02.08.03. oay 1 e\/e I rnace oy Demotion of a Town employee to a posl~lon witn a designated lower than that currently held by that employee shall ~e the Town COllncil fCir cause, l.lGCIYI recclrllr~erldatio~1 CiT ~~e em~loyee's ceoat,.tme~lt head I~r other responslole TClwn ,~fficial, exc2:J-C that in the case of an emoloyee w~o holds a position in a probationary status, no cause for the cemotion to tne prevlously held aosition need be soecified. ... .:J J.,- 02.0'3. TRANSFER 02.09.01. An employee of the Town may be transferred at any time from one department of the Town to another at the discretion of the Town C':'l!l'"lcil, p~~ovided that l~IO t~eductiol'"1 in pay level 'r~es'-llts as a consequence of that transfer and provided that the employee transferred possesses the necessary qualifications to perform the work reqUlred in the deoartment to which he is transferred. 02.09.02. A transfer of an employee from one department of the Town to another must be mace with the full Knowledge of both department heads involved prior to any transfer action being taken by the Town Council. Each deoartment head shall be allowed to submit his recommendations on the transfer to the Town Council prior to any transfer action. 02. 10. DISCIPLINE 02.10.01. Each department head and Town Council Liaison Officer s~all have the right to discioline the emoloyees under his Jurisdlctlon and otherwise maintain appropriate discipline in tne organization for which he is responsible. The Town Council, as well as the aporooriate Town Council Liaison Officer, snaIl have the right to discipline any department head or appointive officer of the Town. 02. 10.1212. immediate i l'"lcl ude: Discipline measures taken against any Town employee by his superior, witnout approval of the Town Council, shall verbal reprimand; formal written reprimand; and susoension. a. Where a verbal reprimand is adminlstered to an employee for a breach of discipline or failure to perform adequately, a record of the date, time, and a reason for the reprimand snaIl De claced in the employee~s personnel file. b. All formal written reprimands administered to an be provlDed to the employee WIth one coPY claced in perso"(Yr'"le I f i 1 e. employee shall the er'lployee's c. An emoloyee may be suscended for cause from hIS emcloyment by ~ct iO'r'"'f elf i"1 is i;-(Hlleclate suOet"'icl'r'" f,=,).... a ;:JE',"'ic,c elf ('P:l"l':: roelr"f;? t~,aYt teY'1 (10) working days. During sucn period of suspension, tne emoloyee shall not receive any salary, but hiS Insurance and other ~ringe ~enefits shall continue in effect. An emcloyee May not be susoended by nis immedIate superIor WIthout pay For more than a total of thirty (30) days in any twelve (12) month period. 13 d. An employee may be suspended for cause without pay by action of his department head, with the concurrence of the aporoprlate Town Council Liaison Officer, for a period no longer than thirty (30) calendar days. No more than one such suspension may be given during any twelve (12) month period without the prior a~proval of the Town Council. 02.10.03. The Town Council may, ueon 2oorooriate ceoartment head, susDend without Town for cause for a peric'd. elf "'"1'':' lorlger t::,3Y"1 r'ecommend at ion pay any er:]:::J 1 eyee S1 xty (60) c.'i:\Ys. CIT Clr t'~le the 02.10.04. The Town Council may, uoon recommendation of the aporopriate Town Council Liaison Officer or any other two Town Council members, suspend without pay any deoartment head for cause for a oeriod of no longer than sixty (60) days. 02.10.05. Any employee wishing to aopeal a discioline measure may do so by filing a grievance and followlng the formal grievance orocedure as described in Section 05 of these Personnel Policies. 02. 11. DISCHARGE AND LAYOFF 02.11.01. Discharge of a Town employee shall be made only by tne Town Council upon recommendation of the employee's department nead and snaIl be only for cause, except in the case of newly hired probatlonary employees, who may be discharged at any time during their probationary period by the Town Council, upon recommendation of the employee's department head, without any statement of cause. Discharge of a department head or appointive official shall be made only by the Town Council upon recommendation of the apcropriate Town Council Liaison Officer or any two members of the Town Council. Such dIscharge of a department head or acpointive officer shall be only for cause, except that at the end of a term of aooointment for an apoointive officer or a deoartment head wno has oeen apDolnted for a soecific time period, such aopointment may De allowed to laose and not renewed without any statement of cause. 02.11.02. Notice of discharge shall be given in writing to an affected emoloyee at least fifceen (15) days orior to the effective cate of diSCharge, alt~ough wnen conditions warrant, as determined by the Town C,:,uY"fcil, a '(I efl1l:Jlc'y'ee rila~1 be t"'elie\/e.::! elf (J1.tt'l l.r:lr:~eC11at:ely UO'::':'"; discharge and notice thereof, but keo~ on t~e Town payroll for T~e remainder of the fifteen (15) day oeriod. Demotion notice to be given to the emoloyee shall be substantially in t~e form as set fortn in Exhibits R-I, A-2, and A-3, attached hereto. 14 02.11.03. Layoff of a Town employee snaIl be mace only oy the Town Council upon recommendation of the employee's deoartment head or Town Council Liaison Officer when funds of the Town are not sufficient to' pay all employees or when there is a general reduction in the number of Town employees, or when a reorganization of Town functions eliminates the need for that employee. 02. 11. 104. enlp 1 oyee layoff. Notice of layoff shall be given ln writing to an at least fifteen (15) days prior to the effective affected date of 02. 12. conside'r~ed a the employee ResignatioYJ - Pre-per nCltice elf t~esignation written notice from th~ employee fifteen (15) leaves the employment of t~e Town. s;oa11 be days beTo~-'e 02.13. DUE PROCESS SUSPENSION WITHOUT PAY, RIGHTS OF EMPLOYEES AND DEMOTIONS PRIOR TO TERMINATION, 02.13.01. UpC!)'"] te~~mirlating the aopc.irltmerlt of, di5cha~-giy~g o~~ laying off any probationary employee, said prooationary employee 5;02111 be given the notice as set forth in Exhibit A-3. The remainder of this section is not aoplicable to probationary emoloyees. 15 02.13.02. Prior to terminating, suspending without pay, or demoting any employee of the Town, that employee shall be given written notice by his or her lmmediate supervisor or department head, In substantially the fot'm as set fot'th i1'"1 Exhibit A-I, clf a Notice clf Intent to Terminate, Suspend, or Demote. The Notice snall state the effective date on which the contemolated action shall go into effect, with soecific grounds and violations for tne taking of the act:on. with particular facts which substantiate the violations allegedly committed by tne employee. The Notice shall also advise tne emcloyee of the right to respond to the Notice, either verbally or in writing, and of the Employee's right to receive copies of any letters, reports, and otner documents upon Which the contemplated disciplinary action 1S based. The employee shall have the right to respond, either orally or in writing, to the proposed action. The employee's response is to be given to next supervisor in his chain of command, or if there is none, then to the Town Council Liaison Officer. The response shall not be directed to the supervisor who gave the original written notice ane who made the initial determination to ta~e disciclinary action. The employee must respond, if he or she wishes to do so, withln the numoer of days as set forth in the Notice of Intent. The next supervisor in the employee's chain of command, or if tMere is none, tMe acpropriate Town Council Liaison Officer shall then orovide a written response to t~e Employee's response indicating wnether or not the original contemplated action will still be taken, or if some other action shall be taken, and if so, what that action will be. This response shall be in substantially the same form as set forth in Exhibit R-2. The ernployee must be also notified that he Ot' sne has a "r'ight to acpeal that decision tQ the Tow)'"l Cou1'"lcil. I 1'"1 the event that the emplclyee chooses to do so, the Town Council must hold a full evidentiary hearing on the employee's appeal crior to the disciplinary action being effective. Soecific charges and violations shall be presen~ed to the emoloyee at the hearing; the Town Council reserves the right to produce witnesses at that hearing, and/or allow tne introduction of hearsay evidence; the employee shall have a right to cross-examine any witnesses produced who give statements at the hearing; t~e e~ployee shall have the right to call any witnesses on his or her own behalf, and t~e Tc,wn COI~ncil shall have the right ~o crc!ss-examine .thl:.se wl~nessEs; the em~loyee shall have the rignt to address the Town Council and testify on his or her own behalf. 02.13.03. DUi"'ing ail stages rig~t to be represented by an jy 1 aY;:Jer'''SI:1Y:. I '(1 riel e\/erlt., counsel nor compensate counsel of section 02.13, a Town emcloyeE has a attl:lrney Clr hIS Clr ner l~wn choctsirlg c1r shall the Tl:~wn je obligat~d to ~rovice for saie reoresenta~ion. 15 , , 02.13.04. In the event of an emergency situation, where it 1S deemed to be in the best interests of the Town, and for the orderly operation of the Town, a department head, with the approval of tne aoprooriate Town Council Liaison Officer, or in his absence Mayor or Vice Mayor may suspend an employee with pay immediately and wlthout hearing. 03. WORK SCHEDULES 03.01. Normal Hours of Ooeration 03.01.01. The Town Hall shall be open to the pUblic for the conduct of Town business from 9 a.m. to 5 p.m.,Monday through Friday of each week, except on those days specifically designated as holidays by tne Town Council. These shall be the normal hours of work for tne Town Clerk and other poersonnel of the Town's Administrative Department, except when on authorized leave or vacation. The Town Clerk snaIl also be required to attend all meetings of the Town Council, except when on authot'ized leave C,'r' vacation, aY"ld rl1ay be t'equit'ed to ar;tend meetlY"lgs of the Town Budget Committee and other committees a~ Cesignated by tne TowY"1 Counci 1. 03.02.02. Town personnel of the Town's Public Works Department Cother than police officers) shall be expected to be on duty for a total of forty (40) hours each week, except during those weeks that contain official holidays specifically designated by the Town Council and except when on authorized leave or vacation. The actual starting t1Me and ending time of each work shift for the PUblic Works Department shall vary with the season as approved by tne Town Council's Liaison Officer for Streets and Roads. 03.01.03. The Town's Police Depart~ent shall o~erate 24 hours per day, seven days per week. Law Enforcement Personnel of the Police Department shall be on duty no more than 171 hours 1n any 28-day period, except wnen a greater number of hours has Oeen previously authorized by the Town Council's Public Safety Liaison Officer for a specific period, not to exceed one month, or in the case of a valid emergency, in accordance wit~ the normal wor~ schedule to ~e ~1.~a~n UQ arId p,~sted ~y the Chief of ~'olice in t~e ~rcllice Static'n at least once each th~ee mon~hs. Said schedule wlll inclUde allowance fl:"r~ al.lthot'ized leav'2 aY"id vacatioy',s. in a status of being on-call for considered to be on duty. Law enforcement personnel emerge~cy situations s~all who::. )'"ll:,t at""e ::J:? 17 03.01.04. The Town Court shall be in session at least one hour each week on a regularly scheduled day, except when tnat day falls on a legal holiday designated by the Town Council. The day of regular session shall be designated by tne Town Magistrate. Clerical personnel of the Town Court shall be on duty at the Marana Court every day, Monday through Friday, for a normal work week of 4~ (forty) hours, except on those days specifically designated as holidays ~y the Town Council and except when business of the Court requires t~eir presence elsewhere. The hours the Clerical Personnel are to be on duty shall be designated by the Town Magistrate. Tne Town Magistrate snaIl be on call for arraignments and other necessary Court business as circumstances warrant. Other work of the Maglstra~e shall be scheduled at the Magistrate's convenience. 03.01.05. The Town Attorney, the Town Engineer, and personnel of t~e Town's Development Department specifically the Planning and Zoning Administrator and tne Building Official/Ins~actor, shall be ex~ectad to schecule their duties as they deem ap~ropriate to tne needs of tneir work. The foregoing personnel are exempt from tne orovlsions of the Federal Fair Labor Standards Act. 03.02 EMPLOYEE WORKING HOURS AND OVERTIME 03.02.01. The normal work day shall be set at eight (8) hours in any twenty-four (24) hour perlod. 03.02.02. The normal work week ~hall be set at forty (40) nours during any seven (7) day period, and work in excess of forty (40) hours in any seven (7) day period shall be deemed to constitute overtime work. This Section and Section 03.02.01 shall not be applicable to law enforcement personnel of the police de~artment. The wor~ oeriod for non-law enforcement employees of the Town shall commence at 7 a.m. on Su~days. T~e work period for law enforcement officers o~ the Marana Police Department shall consist of a 28-day work period, the start of that period to be determined by t~e Police Chief. 1/3 03.02.03. No employee of the Town shall receive credit for overtime work unless such overtime work has prior authorization from the employee's department head, or, in the absence of the department head from the appropriate Town Council Liaison Officer responsible for that department, or, in the absence of the Town Council Liaison Officer in an emergency situation, from the ~ayor or Vice Mayor. When, in the Judgment of the a~propriate Department Head or Town Council Liaison Officer, or, in the event of an emergency, the Mayor or Vice Mayor, work in excess of the normal work week is required, the cepart~ent head or liaison officer, or, in an emergency, the Mayor or Vice Mayor, may authorize much overtime work. The non-law enforcement employee concerned shall receive credit for such overtime work at a rate of one hour of compensatory time for eacn hour of overtime work, sald compensatory time can be taken within the same work period during which the overtime was worked. In the event that comoensatory time cannot be taken during that same work period, then in that event, the employee snaIl be paid overtime pay at tne rate of 1.5 times tnat employee's regular pay. Department heacs shall not receive credit for c1vertirlle WCI'r~4.. 03.02.04: Law enforcement officers shall receive comcensa~ory time atT for each hour of overtime work in excess of forty (40) nours during a seven (7) day period. In t~e event that a law enforcement employee works in excess of 171 hours during that employee's 28-day work period, then in that event, the law enforcement employee shall receive overtime pay at the rate of 1.5 times that employee's pay for all hours worked in excess of 171 hours. Com~ensatory time off must be taken within three months or quarterly of the date on which it is ear)'"led. 03.02.05. Any employee wishing to take time off, wnicn time off is to be charged against his or her compensatory time due, must make such request to his or her department head, or to the aopropriate Town Coul'lcil Liaisc')'"1 Officet~ when the employee is a depat'trnent heaa, nCI less tnan fifteen (15) days prior to the start of the time off, and the department head or Town Council Liaison Officer must grant or reject that request within five (5) working days of t~e submlssion of the request. Should the employee wish to appeal tne decision of the department head or Town Council Liaison Officer, he must file a grievance and appeal the decision as orescrioed :n tne formal grievance orocedure. 03.02.06. Eacn ernplciyee s~all ~e allc!wed a r~:~lirnurn o~ crne-'hal"f hour, but ~o more than one hour, for a lunch oreak aooroximate!y midway through the employee's work snltt, wit~ t~e soecific length OT tne lunch break to be determlned by cepartmental Dol icy as set by the deoartment head. Time spent on t~e lunch brea~ shall not be counted 1n tne eight (8) hour work shift requirement. 1 '3 03.03. HOLIDAYS 03.03.01. The following days shall be observed as legal holidays by the Town of Marana, and on said days all departments of the Town shall cease ooerations, except for tne Department of Public Safety and other such departments as may be required to work in response to emergency situations: New Year's Day; ~emorial Day; Indepen~ence Day; Lajor Day; Columbus Day; Veterans' Day; Thanksgiving Day; the Frl~ay following Thanksgiving Day; December 24; and Christmas. 03.03.02. Personnel of the Town of Marana who may be required by their assigned duties to work on any of the above soecifically designated holidays shall receive compensatory time off at a ratio of one to one (1:1). Such compensatory time off may be added to normal vacatlon time and must be taken within one year from the data of the holiday wO"'~~.ed . 03.03.03. When a designated Friday shall be observed as falls on a SUl'",day, the holiday. holiday falls on a Saturday, the preceding a hol iday, and \.-Jherl a desigrl2,ted ho::' ieay following Monday s~all be o~served as a 03.04 LEAVES 03.04.01. el'"lt it led following Annual Vacation Leave. to annual vacation leave schedule: All emolc.yees with pay In OT tr-Ie Tc.wrl accor'carlce s:,al1 be \.-lith the the days. date (a). Full-time employees with one full year oT Town shall be entitled to a vacation with pay of Such vacation must be taken within twelve (12) upon which the employee becomes eligible for it. ernoloY,I1e"nt WItil ten (10) working months after t~e (~). Each full-time employee of t~e Town, wno has been employee by the Town for more than one year, shall aCCUMulate vacation time at a rate of one day for each twenty-six (25) working days. (c). Each full-time employee with more than five (5) full years of emoloymen~ wit~ t~e Town shall accumulate vaca~ion ~lme a~ a rate of one day of vacation for each seventeen (17) wor~ing days. ~ucn v3catiorl time fClllst be takerl wlthln -twelve (12) rnorlt~s a~ter t.,e cat2 u~on wnich the employee becomes eligible for it. 'd). ~acn employee of tne Town wilo works less t~an a normal full- time scnedu1e shall receive vacation time on a proportional, pro-rata basis, beginning after tha~ employee has comoletea one year aT emoloyment with the Town. ~::: '21 03.04.02 EMERGENCY LEAVE. Each full-time employee of the Town shall be entitled to a total of twelve (12) days of emergency leave with pay per year of employment, such leave to be accumulated at a rate of one day oer month of employment. Emergency leave may be used by the employee in case of personal illness, death or illness in tne employee's immediate family (to include spouse. children, parents, or siblings), for the conduct of personal business or for any otner legltimate cause t~at may require the employee's absence from work during a normally scheduled work day, except for those scecific causes treated elsewhere in this section. Except in the case of sudden illness, emergency leave must be scheduled by mutual agreement between tne employee and his immediate supervisor. Requests for emergency leave, except in cases of sudden illness, must be submitted by the employee at least forty-eight (48) hours prior to the leave date requested. In the case of sudcen illness, the employee using emergency leave must notify his immediate supervisor or the lown Clerk of his intended absence within one hour after tne scheduled star~t of the emplc,yee' s i~for'mal wc,r':.( shift, if he J.S physically able to do so. Unused emergency leave time shall be allowed to accumulate up to a total of thirty-six (36) days for each em p l,::.yee. 03.04.03. JURY LEAVE. Any employee of the Town who is serve on Jury duty in Pima County snaIl be granted leave such that the Town will Day the employee the difference his normal daily pay and the amount earned as a Juror. called to ,'Jith pay between 03.04.04. MILITARY military service reserve unit or a leave without pay. LEAVE. Any employee cirdered or who is required to serve in unit of the National Guard shall into active an o"r'gan i zed be Q"r'ar-,-ted 03.04.05. MATERNITY LEAVE. Any employee of tne Town wno is pregnant shall be granted a maternity leave u~on a~pro~riate request and for such time as is requested, sucn lsave not to exceed one hundred and twenty (120) days. ~aternity leave snaIl be without pay, except for as much of the leave as may oe acccll.lnted fClr by llnllsed e:nergSYlcy lea~/2 t~r ltrll~sed vacatior"l ti~n2. Application for a maternity leave must ~e ma~e to tne employee's immediate supervisor at least three (3) months prior to t~e firs~ day of such leave, and the application must ~e accomoanied oy a statement from a physician certifYlng tMe emoloyee's pregnancy and the approximated exoected date of delivery. 21 03.04.06 LEAVE WITHOUT PAY A leave without pay for a period not to exceed one year may be granted by the Town to any full-time employee who has been employed by the Town for at least one year. The granting of such an extended leave without pay must be for the benefit of tne Town. Rny employee wMo has been granted such leave without pay shall retain his original date of hire or induction but shall not accrue any vacation or paid leave time during his unpaid leave OT acsence, nor shall he continue to be covered by Town insurance. Any employee w~o is on an extended leave without pay at the time of hIS anniversary date shall not be eligible for a regular annual review of his Job performance nor for any merit increase in pay until the anniversary date immediately following his return to active employment status. 03.04.07. COMPENSATION FOR VACATION OR LERVE NOT TAKEN. Vacation time not taken shall not accumulate beyond twelve (12) months after i~ IS due. There shall be no compensation paid for vacation or leave time not taKen, either before or after tne expiration of tne allowed accumulation period. The compensatory time snaIl be taken within three (3) months from the date on w~iCh the compensatory ~l~e was earned. If the employee's compensatory time is not taken within that three-month period, it shall be lost. The compensatory time taken shall be subject to approval by the Police Chief; and the Police Chief may compel that the compensatory time earned shall be taken by the employee. 03.04.08. VACATION PAY FOR TERMINATING PERSONNEL. Regardless of the provisions in Paragraph 03.04.07 above, any employee of the Town who is leaving the employment of the.Town and has given pro=er notice OT intended termination, shall e oaid in full for any unused vacation or leave time accumulated and for any compensatory time not taken. 03.04.09. RDMINISTRATIVE LERVE WITH PAY. The Town Council may administrative leave Wlt~ pay for a sucn is consicered by the Council to require an employee to take an fixed or indefinite period where be for the good of the Town. 04. WORKING CONDITIONS 04.01. EMPLOYEE HEALTH AND SAFETY qil reasora~le ~recaut10ns shall be ta~en by members of the Town Council, ~epar~ment heads, and other supervisory employees to assure tnat all emoloyees of t~e Town of ~arana work under conditions that are not li~ely to result ln any impairment of the employee's health or any accicent or injury to the employee. ~c 04.02. JOB DESCRIPTIONS A detailed Job description shall be prepared for each position authorized by the Town Staffing Pattern as approved by the Town Council. Said Job description shall incluce: (1) the JC1b title; (2) the pay gl'~ade(s) assigned to t;lat JClb; (3) educational, skill, and experience requirements for tne jO~, including any special abilities or characteristics needed by tne employee to successfully pel'~fol'~rn the Job; (4) a summal'~y descl"iption of t;-1e wl:'l"\-<. to be performed; (5) the Job title of tne immediate supervisor of the person holding the Job; and (5) the normal place of worK for t~e Job. A copy of the aopropriate job descri~tion s~all be re~ained in eacn emoloyee's oersonnel file, and a copy of all JOb descriptions shall De kept with the current Town Staffing Pattern. ~5. GRIEVANCE PROCEDURES 05.01. MATTERS SUBJECT TO GRIEVANCE Rny employee of tne Marana may initiate a grievance regarding any decision employee's superiors or fellow employees that affects the employee's compensation or working conditions. Decisions of Council are not subjEct to grievance. -1':~~11 Ct-f ()f that a';wieved tne 10...)'rt 05.. 1212. FORMAL GRIEVANCE PROCEDURE ~5.02.~1. First, a formal grievance must be submit~ec 1n wri~ing ~~ the agrieved employee's immediate supervisor, witn a copy also submitted to the Town Clerk fo~ placement in the employee's personnel file. The agrieved employee's immediate supervisor shall then have five (5) working days in which to render a decision on the com~lalnt. Such decision snaIl be presented in writing to the employee submitting the grievance, with a copy also presented to t~e Town Clerk. The copies of the grievance and the response shall be retained in tne employee's personnel file. 05.02.02. Second, if no further act:on is taken by t~e emolovee submitting the initial grievance within five (5) worKing cays after receiving the decision of his immediate superVIsor, tne matter s~al1 be considered to be resolved to the satisfaction of all oarties. If, however, the employee initiating tne grievance is not satisfied witn the deCISIon ren~ered by his immedia~e suoervisor, then the agrieved erllployee i'IlCl.y a:Jpeal t/1at decisl'Y("1 i:,y S'.IOfllit'Cing 2.-r, ,:\~oeal, in'r,l"I"i-;;i)'",g, tl~ the appro~riate department n2at, with a C'~2Y also to ~he -~f~~J)~ Cler'~~ and tne agrieved employee's i:~rnediate sj_~pervisor, wi~~in flve (5) working cays of the receipt by the employee of the Immeciate su~ervisor's deCIsion on the initial grievance. Wnere the emoloyeeJs immediate supervisor is tne departmen~ heae, tne aDaeal snaIl be mace to tne Town Council LIaison Officer wi~n orlmary JuriSdIction over that dep2t'trl1erlt. '::'7 '_-J 05.02.03. Third, upon receipt of a written appeal from a supervisor's decision, the department head shall have five (5) working days in which to render a decision on the grievance. Such decision shall be presented in writing to the agrieved employee, with a CODY to the Town Clerk and another copy to the employee's immediate supervisor. 05.02.04. Fourth, if no further action is taken by the employee making the appeal within five (5) working days of hls receiot of the decision made by his department head, tne matter shall be consldered to be r~solved to the satisfaction of all parties. If, however, the agrieved employee 1S not satIsfied with tne decision rendered by the cepartment head, the employee may apoeal that decision by submitting an appeal, in writing, to the aopropriate Town Council Liaison Officer with Jurisdiction over his department, with a copy of the apoeal also to the Town Clerk and the Department Head WIthin five (5) working days of the employee's receipt of the decision of the department head. 05.02.05. Fifth, upon receipt of a written aopeal from a deoartment head's decision, the Town Council Liaison Officer shall have ten (10) working days in which to render a decision on tne grievance aopeal. Such decision shall be presented in writing to the agrieved employee, with a copy also to tne Town Clerk and to the department head i .(",vo 1 ved. 05.02.06. Sixth. if no further action is taken by the emoloyee making the appeal within five (5) working days after his receipt of the decision made by the Town Council Liaison Officer WIth Jurisd1ction in the matter, the grievance shail be considered to be resolved to the satisfaction of all parties. If, however, the agrieved employee is not satisFied with the decision rencered by the Town Council LiaIson Officer, the employee may aopeal that cecision to t~e full Town Council. Such apoeal must be made in writing, with a cooy to the Town Clerk, within five (5) days after the employee's receipt of the decision of the appropriate Liaison Officer. The Town Council snaIl then schedule a hearing on the matter no sooner than flfteen (15) nor later than thirty (30) days after receiot of tne apaeal ~y the Town CJ.ed-l.. 05.02.07. Any employee of the Town making an aopeal of a grievance to the full Town Council Shall nave the right to have the nearing held in public, but may consent to have the hearing in executive seSSIon If the Town Council wishes to hold the hearing in executive session. The emplclyee r~ay oresent wit~esses and eViCeY1Ce a~ sald h2arin;, Gut formal rules of evicence and testImony shall not orevail, and no pe~~'50n sha 11 be r~equ i r'ed to test i fy IX(":d2.r~ o ,::1. t n. Tilose su:::.er'v i SO.r'S an;:: deoartment headS who have previously rendered deciSIons on ~nat grievance shall also be oermitted to explaIn their deCIsions at t~e hearing. Members of the Town Council shall be permitted to ask questions of all those oresent and testifying at tne hearing, althougil those who are questioned May not be required to reply. 24 05.02.08. Seventh, after hearing the grievance acpeal, the Town Council shall take action to either sustain any of the previous decisions regarding the grievance or to render its own solution to the grievance. Such decision must be taken by the Council no more tnan ten (10) days after the conclusion of the hearing, and the employee who initiated the grievance s~all be notified of tne Council's decision in writing no more than five (5) days after said decision IS reached, with a copy of said notification to t~e Town Clerk for inclusion in the employee's personnel file and in the recorcs of tne TCIWrt. 05.1213. PROCEDURE MODIFICATION AND CONDITIONS 1215.03.01. The time limits specified Personnel Policies may be extended to agreement, filed with the Town Clerk, of appropriate decision-making authority. ii'"1 Sect ion ace f 1 i'"l i t e the agr~ieved 05.02 of these date by rilutual em~loyee and the 05.03.02 During any part of the grievance procedure, tne agrieved employee may be represented or assisted by anotner indIvidual of the employee's choosing, but if at any hearing the employee is to be represented by an attorney, notification of such reoresenta~ion mus~ be given at the time the grievance or appeal is filed so that the hearing officialCs) may also be advised at the hearing by the Town At t ori'"ley. 05.03.03. Once any dropped by inaction grievance may not be part of the grievance aopeal proceoure has Ol'"1 the par~t elf the agrieved erllployee, that r~ei l'ISt it uted. beeYI sa. rn e 1215.03.04. It shall be considered a violation of thlS cersonnel for any employee of tne Town of Marana to take any reprisal any ot~er employee of the Town for submitting a grievance making an acpeal of any decision rendered under this p.:.l icy a;:;ainst ell"' f 0:. r' ;.~t... i e'V2l"'ICe p'r'r:'eedur....e. 06. RECORDS AND REPORTS 06.01. ROSTER CARD. A ros~~r card s~all be Maintalned Tor eacn employee of tne Town by t~e Town Cler~. T,e roster care s~a~l con~aln the ff~llclwirJg iy,f,:4r....nlatic,.n: (1) fu:..l 'r"':ari12 clf" -t.:t-Ie erllolc,~lee~ (i=:) cut....y..e'r-it JC,b title; (3) CUr-."r-.e"nt depa"j"trlle"(lt tel :........:!:i.CrI assig/"ted; (4) CUr....('E.{YC ~a~:I grade: (5) date of initlal hire; and (5) the dates of any c~anges in emoloyment status after initial hire and a cescriQtion of the rature of those changes. 25 . . . 06.02. PAYROLL INFORMATION Payroll by the Town Clerk in accordance with States Il""lte~'nal Rever-Iue Se~'vice, the and relevant insurance carriers. information shall be maintained the requirements of the United Arizona Department of Revenue, 06.03. PERSONNEL FILE. A personnel fIle snaIl be maIntained Tor each employee of tne Town by the Town Clerk. Said file shall contaIn the employee's roster card, appropriate payroll information, employment application, performance evaluations, and such other documents pertaining to that employee tnat may from time to time be placed in the file by action of the emcloyee's sucervisor, cepartment head, or the Town Council in accordance with the orovisions of these personnel poliCIes. 06.04. CONFIDENTIALITY OF PERSONNEL RECORDS Eacn employee's roster card shall be considered to be pUblic information and may be inspected by a member of the public during normal business hours a~ the Town Hall upon proper application to the Town Clerk. All other information contained in the employee's personnel file snaIl be considered confidential and available for inspection only to the employee, the Town Clerk, ~ne employeeJs department head, the approoriate Town Council Liaison Officer with Jurisdiction over that employee, members of the Town Council sitting as a body, and tne Town (-=it t ot"ney. 06.05. ANNUAL PERSONNEL REPORT The Town Clerk snaIl precare and submit to the Town Council once each year, one month prior to the Council's scheduled adoption of a new Town Staffing Pattern, a personnel report showing the n~mber of people employed by the Town at that time, the names and positions and Day grades of tnose nired by the Town during the preceding twelve (12) months, and the names, pay grades, and positions of tnose who left the Town's employ during tne preceding twelve (12) months. The report shail also indicate tne current status of tne Town's staffing in relation to the previous:y adopted Town Staffing Pattern. 07. AMENDMENTS TO PERSONNEL POLICIES Amendments to these oersonnel pollcies may be adooted by a majority vote of the Town Council at any regular meeting of tne Council, after said proposed amencments nave ~een su~mittEd to the CounCIl. ~o act i eft", may be take~1 ~ln any a;:1el~id~ne~:t to t~e5e Pet~SI:11~~lel ~;.:Illcie.s 2.1. -c the meeting at Which :t 15 In:tially ~roDoseC. 08. ENFORCEMENT, PENALTY FOR VIOLATION It shall be the or~ir:lat~y t~espl:lrlsibility of the ~aYQr and ~t1e Adrninistrative Liaison Officer of the -row~ CC1tlncil tel erlf':lrce -~~~ provisions o~ tnese Personnel Policies. Any employee of the Town violating tnese poliCIes shall be subject to clscioline as Cescr18sd in Section 02.10. Vlolatlon OT tnese Personnel Pollcies by any memCer of the Town Council snaIl be as cescri~ed in t~e enac~ing orOlnance. 25 09. APPOINTED OFFICERS The legally appointed offlcers of tne Town, namely tne Town Clerk, the Town Marshal, and the Town Engineer, snaIl be ap~ointed for two-year terms, in accordance with Arizona law, and snaIl not be cischarged from said acpointments during the term of ap~ointment excect for cause. The Town Magistrate snaIl be acpointec for a tnree-year term, in accordance with the ordinance establishing the Marana Town Cour~, and shall not be discharged from said a~oointment during the term of appointment except for cause. The Town Administrative Department, and the Town Marshal shall be considered to be tne Decaatment Head for t~e Town's Department of Public Safety, and they shall be so treated as department heads under these Personnel Policies. Ine lown EngIneer shall be considered to be a cart of the Town Development Department in planning matters, but the head of tne Develooment Decartmen~ snaIl be the Planning and Zoning Atministrator. The Town Engineer shall be considered to be a part of t~e Town1s Public Works Depar~ment ln matters of maintenance and construction of stree~s and roads and shall be, ln sucn cases subject to tne Town Council Liaison Officer ~it~ Jurisdiction over streets and roads. Upon exoiration of the two-vear term of any appointed officer, namely tne Town Clerk. Town Marsnal, Clr~ * Town Engineer, the Town Co~ncil may choose not to renew t~e appointment without any statement of cause. Upon expiration of tne three-year term of tne Town Magistrate, the Town Council may c~oose not to renew his appointment without any statement of cause. "* When, in the ooinion oT the aooropriate Town Council Llalson OffIcer or any two Town CounCIl Members, any apoointed officer o~ the Town should be discharged for cause before tne expIration of said o~ficerJs term of appointment, said Council MemberCs) snaIl recuest in writing tnat the Town Council scnedule a hearing on tne matter, and a cooy of that reouest shall be mailed to tne affected aocointed offlcer. Said he.3.r....irlg snaIl be scr-feouled !JY t;-!2 Ct:,tt'("tci 1 "(lei S,CICI'(le'r'" t:~-!a'(l fl ftee"fl (_:::;) days r)ot' ml~t~e tl'ai~ thirty (3QI) days after sUDr~issi'~n of ~~e reCl_tes~. Said ~eari~l~ s~all be CI~rl~l.tCC2d lr! .t~e S2~e (n2n~ier as a Tc'wn C'~llY:ci.~ gr....ievar:ce hearing, and the Town COl_l~cil s~all render a c2cisiCj~ In t~e matte.,.~, eithe'f~ to retaln said officer, cischarge t~e apooir:~ed t~~flcer wi~hln fifteen Ci5) days OT t~e f;:t'r'" C.-aU'52 ()'('" .'- - :... ;-' d ate Cl f :-, 2 a }"... i yo;:;; . :::'7 ") "":":"> ~.~ \ j ,~ v 10. ASEVERABILITY These Personnel Policies and the various parts, sections, and clauses are hereby declared to be severable. If any cart, section, oaragrapn, sentence, clause, or ohrase is adjudged to be unconstitutional or invalid, it is hereby declared that the remainder of these Personnel Policies snaIl not be affected thereby. The Town Councll hereby declares that it would have passed these Personnel Policies and each part, section, paragraph, sentence, clause, and phrase ~~ereof, irrespective of the fact that anyone or more portions thereof mig~t be declared invalid. 28