Loading...
HomeMy WebLinkAboutResolution 2005-119 adopting personnel policy 5-5 and revising 5-6 MARANA RESOLUTION NO. 2005-119 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES MANUAL, REVISING POLICY 5-5 "DISCIPLINE SYSTEM," POLICY 5-6 "PERSONNEL ACTION REVIEW PROCEDURES," AND SECTION 8-1-6 "LAYOFF AND RECALL" OF POLICY 8-1 "EMPLOYMENT END" WHEREAS, town staff has presented proposed amendments to the town's Personnel Policies Manual; and WHEREAS, the proposed amendments were presented to the Town Council at its August 16,2005 meeting; and WHEREAS, the Council finds that adoption of the amendments to the town's Personnel Policies Manual is in the best interests of the town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: Section 1. Policy 5-5 of the town's Personnel Policies Manual, entitled "Discipline System," is hereby amended as set forth on Exhibit A attached to this resolution. Section 2. Policy 5-6 of the town's Personnel Policies Manual, entitled "Personnel Action Review Procedures" is hereby amended as set forth on Exhibit B attached to this resolution. Section 3. Section 8-1-6 "Layoff and Recall" of Policy 8-1 of the town's Personnel Policies Manual, entitled "Employment End" is hereby amended as set forth on Exhibit C attached to this resolution IT IS FURTHER RESOLVED that the town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCILiZO THE TOWN OF MARANA, ARIZONA, this 6th day of Septe~"'~ ~ ~~~f.I~ _~ ~L ~~7.o~~7\~~ayor Honea - -SEAL" - ATTEST: ::; \ _8 S\!>PRO D A TO FORM: ~, ~ s ~ ~ "f ~"IIII"\\((\ -# ~111~filli\\\~ . {OOOO1224.DOC I} FJClcds 8/29/05 ~~ CHAPTER 5 1_ 1 MARANA WORK RULES ~/ 1" TOWN OF MARANA Policy 5-5 DISCIPLINE SYSTEM Effective discipline is a positive process when its purpose is to train or develop by instruction. Whenever appropriate, training is encouraged as a means of improving employee productivity and effectiveness through positive and constructive methods. However, improper employee conduct shall be considered good cause for disciplinary action. Each supervisor shall have the responsibility and authority, with the approval of the Department Head, to administer appropriate discipline to hislher subordinates using a positive progressive discipline process as a corrective measure. Section 5-5-1 Discipline Process A. In general, the concept of progressive discipline means that a series of increasingly severe disciplinary actions will be administered to correct employee behavior or performance. B. This shall only be a guideline for supervisors, however. Not all discipline will begin with counseling or reprimands. c. The totality of the circumstances will dictate the appropriate level of discipline for each incident. Review of the particular facts and circumstances, such as the severity of the offense or an employee's disciplinary history, regardless of whether for the same offense, may indicate that more severe disciplinary measures, up to and including immediate termination, are appropriate. D. Whether or not the procedures are followed, all employees are subject to discharge when, in the sole opinion of management, an employee's job performance or conduct threatens the well-being of the Town, its employees or its citizens. Section 5-5-2 Definitions A. Employee: Includes all Town employees of any status or classification except elected officials and unclassified employees. B. Initial evaluation employee: New employee whose continued regular employment depends upon the successful completion of an initial evaluation period. An employee may be terminated at any time with or without cause during the initial evaluation period. C. Notice of proposed disciplinary action: Twenty-four-hour written notice given to the employee documenting the proposed disciplinary action and the proposed effective date. {OOOO1022.DOC /4} 5-9 Revised: September 6,2005 Exhibit 'N to Marana Resolution No. 2005-119 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1 '\. TOWN OF MARANA D. Pre-action meeting: A meeting with the employee, the employee's representative, if desired, and the Department representative where the employee may present reasons in writing or orally as to why the proposed disciplinary action should not be taken. E Progressive Discipline: A series of increasingly severe disciplinary actions, ranging from oral counseling to discharge. F. Termination: Used interchangeably with the word "discharge," meaning dismissal from employment. This does not include a layoff. Section 5-5-3 Grounds For Disciplinary Action A. Discharge may occur as the result of a single serious infraction that warrants immediate dismissal, including but not limited to: 1. Dishonesty, including intentionally giving false information, intentionally falsifying records or making false statements when applying for employment, lying to supervisors in connection with the employee's job; falsifying time sheets for payroll. 2. Discrimination or failure to abide by Equal Employment Opportunity regulations, including sexual or other harassment of a protected class. 3. Reporting to work under the influence of intoxicants or nonprescription/illegal drugs or using such substances while on Town property. 4. Theft or removal of Town money, merchandise or property, including property in custody of the Town, without permission. 5. Possession of firearms, other weapons or explosives not authorized by the Town in Town facilities or while on Town business. 6. Conviction of a felony or gross misdemeanor. 7. Other reasons deemed valid by Town Officials. B. Other grounds for disciplinary actions, up to and including discharge, include but are not necessarily limited to the following: 1. Being absent from work without permission or failure to report to the supervisor of Department Head when one is absent; 2. Being habitually absent or tardy for any reason; {OOOO1022.DOC /4} 5 - 10 Revised: September 6, 2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1 "'- TOWN OF MARANA 3. Failure to follow the orders of one's supervisor(s); 4. Inability or unwillingness to perform the assigned job; failure to perform assigned work in an efficient or effective manner; 5 Participation in prohibited political activities; 6 Acceptance of fees, gifts or other valuable items in the performance of the employee's official duties for the Town; 7. Any action, on or off the job, bringing discredit to the Town; 8. Violations of any of the Town policies, Town ordinances, State or federal law; 9. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe property security or safety procedures; 10. Two written reprimands or other disciplinary actions in 24 consecutive months;. 11. Inability to get along with fellow employees so that the work being done is hindered and not up to required levels; speaking critically or making derogatory or false accusations so as to discredit other employees or supervisors; 12. The use of profanity or abusive language towards a fellow employee or member of the general public while performing official duties as a Town employee; 13. Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave pay falsely or under false pretenses; 14. Divulging or misusing confidential information, including removal from Town premises without proper authorization any employee lists, records, designs, drawings or confidential information of any type; 15. Improper use of the Town's electronic storage and communications equipment, including without limitation the transmission or reception of any material in violation of federal, state or local law or regulation or use for non-employment related matters; 16. Such other act, error or omission detrimental to the mission of the Town; 17. Other reasons deemed valid by Town Officials. {OOOO1022.DOC /4} 5 - 11 Revised: September 6, 2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ l" TOWN OF MARANA Section 5-5-4 Types of Disciplinary Action A. Oral Warning or Counseling A verbal notice to the employee discussing a problem of relatively minor degree or the employee's performance. The oral warning or counseling should be given in private. The supervisor should inform the employee that the supervisor is issuing an oral warning, that the employee is being given an opportunity to correct the condition, and if the condition is not corrected, the person will be subject to more severe disciplinary action. Notation of the warning is to be included in the employee's personnel file. 8. Written Reprimand 1. A written reprimand is generally issued if the initial measure of oral warning is not sufficient or if the infraction is severe enough to warrant a written reprimand in the employee's personnel file. 2. Written reprimand notices must be issued within ten days after the occurrence of the violation claimed by the supervisor. The contents of this notice will be explained to the employee in an interview. 3. The original will be signed by the employee and placed in the employee's personnel file. If the employee refuses to sign the acknowledgement, then the supervisor and one other witness shall note on the reprimand that the employee received a copy and refused to sign it. 4. A copy will be given to the employee and included in the employee's department file. C. Suspension With Pay A suspension with pay is involuntary time off without loss of pay as a result of a severe infraction of policies or for repeated violation. For minor infractions, a suspension may often be given after the employee has received a written warning. 1. Employee Decision-Making Suspension The employee shall be instructed to decide during this "decision-making" suspension if he or she will commit to the correction of each performance deficiency and meet the Town's expected standards. Upon return to work, the employee will be required to advise the Department Head if he/she intends to meet the expected standards or has decided to leave the Town's employment. This type of suspension will not exceed one working day. {OOOO1022.DOC /4} 5 - 12 Revised: September 6, 2005 ~-.~ CHAPTER 5 MARANA WORK RULES ~/ , "\. TOWN Of MARANA 2. Town Investigative Suspension This action may be used to remove an employee from the work site in order to allow for an investigation by the Town of behavior that is suspected of being illegal, that is not in the best interests of the Town or that places other employees or citizens in jeopardy. a. If charges are substantiated, disciplinary action will be taken in accordance with the nature of the offense, and may include recovery of salary and benefits paid during the suspension. b. If the charges are unfounded, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file. c. This type of suspension is normally paid and shall ordinarily not exceed 21 calendar days. The Town Manager, however, may authorize an extension when a comprehensive investigation will require more time to reach a conclusion. D. Suspension Without Pay Suspension without pay is involuntary time off with loss of pay. This type of action may be taken when the offense is of a serious enough nature to warrant discharge but when circumstances related to an employee's overall performance would not warrant immediate discharge. The length of suspensions should not normally exceed 15 working days. The number of days of suspension, whether a specific number of days or indefinitely, will depend on the severity of the infraction. E. Involuntary Demotion An involuntary demotion consists of a reassignment to a lower position classification. This type of action may be taken for serious improper conduct and/or consistent inability to meet job performance expectations. Generally, it will occur in a situation in which it is determined the employee is either unwilling or unable to perform his or her responsibilities of that position. Demotion is not a substitute for dismissal when dismissal is warranted. Employees who are returned to their previous assignments before completing a promotion evaluation period are not considered to have been involuntarily demoted. F. Reduction in Pay A reduction in pay occurs with a reassignment to lower pay within the same position classification. This type of action may be taken as the result of consistent poor employee performance. No change in classification occurs. Reduction in pay is {OOOO1022.DOC /4} 5 - 13 Revised: September 6, 2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1 "'- TOWN OF MARANA imposed for either repeated poor performance or flagrant violations of rules and regulations and is considered to be a final behavior correction opportunity. Employees who do not successfully complete their promotion evaluation period and are retumed to their previous assignment are not considered to have been disciplined with a reduction in pay. A reduction in pay does not include assignments, transfers or reassignments, including those to or from lead positions or special positions. G. Discharge 1. Discharge is the involuntary, permanent removal or termination of an employee from employment. Immediate removal of an employee from the job site pending review for discharge may be warranted in instances involving serious insubordination; theft; serious, illegal or destructive acts while on the job; or other substantial reasons deemed appropriate by the Town Manager. An employee may also be discharged after repeated offenses of a less serious nature if the offenses have been documented by the supervisor and appropriate performance-related changes have not resulted from previous progressive disciplinary action. This does not include a layoff. 2. During the initial evaluation period, employees may be terminated at any time with or without cause and without the right of appeal. Written notification of dismissal shall be signed by the employee who has not completed the initial evaluation period and placed in the employee's personnel file, with a copy given to the employee. Dismissal of such employees requires the concurrence of the Department Head, the Human Resources Director and the Town Manager. Section 5-5-5 Notice to Employee An employee who has completed the initial evaluation period shall receive 24-hour written notice whenever the Town intends to take a disciplinary action resulting in termination, reduction in pay, demotion, suspension without pay, or reduction in pay in lieu of suspension without pay. Notice under this section is not required for layoffs, assignments, transfers or reassignments, including those to or from lead positions or special positions. The notice will generally provide the following information: A. Notice of the intended disciplinary action and the proposed date of implementation. B. The reasons for the action. C. The date and time, not less than 24 hours after the notice is given to the employee, of a pre-action meeting with the Department Director (or his or her designee), for the employee to present reasons in writing or orally as to why the proposed disciplinary action should not be taken. {OOOO1022.DOC /4} 5 - 14 Revised: September 6, 2005 ~-.~ CHAPTER 5 MARANA WORK RULES ~/ 1" TOWN OF MARANA 1. The affected employee may have a non-attorney co-worker of the employee's choosing present during the pre-action meeting. The co-worker may not speak on behalf of the employee, but may advise the employee during the meeting. 2. Any relevant information presented by the employee regarding the proposed disciplinary action shall be considered. D. Failure by the employee either to attend the pre-action meeting or to timely submit reasons in writing why the proposed disciplinary action should not be taken will be deemed a waiver of the employee's right to do so and the proposed disciplinary action will be implemented as written. {OOOO1 022.DOC I 4} 5 - 15 Revised: September 6, 2005 ~-.~ CHAPTER 5 MARANA WORK RULES ~/ 1 "\. TOWN OF MARANA Policy 5-6 PERSONNEL ACTION REVIEW PROCEDURES Section 5-6-1 Purpose. The Town of Marana provides personnel action review 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 settlement of disagreements informally at the employee-supervisor level; D. Provide an orderly procedure to handle disagreements through the various supervisory levels when necessary; E. Resolve grievances as quickly as possible. Section 5-6-2 Sole Remedy Policy 5-6 is the sole and exclusive internal remedy available to employees for resolving disputes arising from Town employment. Section 5-6-3 Informal Personnel Action Review Procedures A. An employee who has a problem or complaint, which does not qualify as a Reviewable Issue as defined below, should promptly inform and discuss it with his or her immediate supervisor, endeavoring to resolve the matter expeditiously and informally at the employee-supervisor level. B. If informal discussion does not resolve the problem or complaint to the employee's satisfaction, the employee should discuss it with his or her supervisor's immediate supervisor, if any, the Department Head, the Human Resources Director, or the Town Manager or designee. C. Every effort should be made to find an acceptable solution by informal means at the lowest level of supervision. Section 5-6-4 Formal Personnel Action Review Except where formal review of the employment matter is not authorized by these procedures, any regular employee in the Classified Service may file a request for formal review of an employment action involving termination, reduction in pay, demotion, suspension without pay, or reduction in pay in lieu of suspension without pay in accordance with the Formal Personnel Action Review Procedure Steps set forth in Section 5-6-7. {OOOO1 DOS. DOC I 4} 5 -16 Revised: September 6, 20(l~ Exhibit '8' to Marana Resolution No. 2005-119 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1" TOWN OF MARANA Section 5-6-5 Employment Matters Not Subject to Review The following employment matters are not subject to formal review: A. Placement of an employee in, or the content or the structure of, the Town's Classification Plan; 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 5-6-6 Miscellaneous Rules A. Employees who have not completed an initial evaluation period with the Town are not permitted to use the formal personnel action review procedures. 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 appealing employee. D. An employee's failure to file a timely appeal in writing to the next step in the process will constitute a waiver, and the decision shall be final, binding and not subject to further review. 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 personnel action review procedures by reason of such participation. {OOOO1005.DOC /4} 5 -17 Revised: September 6, 2005 ~-.~ CHAPTER 5 MARANA WORK RULES ~/ 1 "- TOWN OF MARANA G. All information obtained during the processing of a request for personnel action review will be maintained confidentially to the extent permitted by state law. H. Employees may have an observer present at any interview in the process. The observer may not participate in the interview; rather, the observer may merely attend and watch the interview. I. If the observer is a Town employee, the time spent attending the interview shall be counted as time worked for pay and benefit purposes. J. During any interview in the process, the employee seeking review shall be permitted to take reasonable breaks of limited duration to consult with any other person. K. Work conditions permitting, an employee seeking personnel action review under these procedures may be granted up to one hour of work time per day to spend pursuing the review. L. For pay and benefits purposes, time spent by employees in discussions with management or in testifying before the Personnel Action Review Board (PARB) is considered time worked. M. Employment matters subject to review may be resolved or settled at any step in the process. Such matters will be processed until: (a) the employee is satisfied; (b) the employee does not file a timely appeal (as defined in the formal steps); or (c) a decision has been made in the final step. N. All employment decisions (and resulting wage and/or benefit losses flowing from them) are effective when made by the Department Head. Upon reversal of the decision at any step in the review process, the successful employee may recover any such wage and/or benefit losses previously incurred. Section 5-6-7 Formal Personnel Action Review Procedure Steps A. Step One: Appeal to Department Head 1. Within ten business 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 formal personnel action review with the Town's Human Resources Department on a form provided by the Town. 2. The Department Head (or in the Department Head's absence, the person designated to act on the Department Head's behalf) shall investigate the issue, attempt to resolve it, and give a written decision to the employee within ten business days of having received the employee's request for formal personnel action review from the Town's Human Resources Department. {OOOO1 DOS. DOC I 4} 5 - 18 Revised: September 6,2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1" TOWN OF MARANA 3. If the issue involves the employee's Department Head, the Human Resources Department shall give the request for formal personnel action review to the Human Resources Director who shall proceed as stated in Step Two, below. S. Step Two: Appeal to Human Resources Director 1. If the employee is not satisfied with the Department Head's decision or if no decision has been rendered within ten business days after submission to the Department Head, the employee may appeal the decision to the Human Resources Director. 2. The appeal must be submitted in writing to the Human Resources Department within ten business days after delivery to the employee of the decision being appealed. 3. The Human Resources Director will review the appeal and communicate a decision in writing to all concerned parties within ten business days of the Human Resources Department having received the employee's written notice of appeal. 4. If the issue involves the Human Resources Director, the Human Resources Department shall give the request for formal personnel action review to the Town Manager who shall proceed as stated in Step Three, below. c. Step Three: Appeal to Town Manager 1. If the employee is not satisfied with the Human Resources Director's decision or if no decision has been rendered within ten business days after submission to the Department Head, the employee may appeal the decision to the Town Manager. 2. The appeal must be submitted in writing to the Human Resources Director within ten business days after receipt of the decision being appealed. 3. The Town Manager will review the appeal and communicate a decision in writing to all concerned parties within ten business days of having received the employee's written notice of appeal from the Human Resources Department. 4. The Town Manager may delegate the duties under Step Three. D. Step Four: Appeal to the Personnel Action Review Soard (PARS) 1. If the employee is not satisfied with the Town Manager's decision or if no decision has been rendered within ten business days after submission to the Town Manager, and provided the employment matter is subject to a Step Four appeal, the employee may appeal the decision to the PARS. 2. Provided they are not otherwise excluded under Section 5-6-5, only disciplinary actions taken by the Town that involve termination, reduction in pay, demotion, {OOOO1005.DOC /4} 5 - 19 Revised: September 6,2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1 "- TOWN OF MARANA suspension without pay, or reduction in pay in lieu of suspension without pay are subject to a Step Four appeal to the PARS. 3. An appeal must be submitted in writing to the Human Resources Department within ten business days after delivery to the employee of the employment matter being appealed. If the employee fails to submit a written appeal within ten business days, the lower action will be automatically affirmed. Section 5-6-8 Rules of Appeal to the Personnel Action Review Board A. Method of Appeal The appeal will be a written statement, addressed to the Personnel Action Review Soard (PARS) 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. Town Attorney to Determine Jurisdiction Upon receipt of the written appeal, the Human Resources Department shall notify the Town Manager, Human Resources Director, Town Attorney, Department Head and the PARS. Within five business days of the Town Attorney's receipt of the written appeal, the Town Attorney (or in the Town Attorney's absence, the person acting on the Town Attorney's behalf) shall determine whether the appeal complies with these procedures and is subject to review. The Town Attorney's determination is final. Upon the Town Attorney's determination that the appeal raises an employment matter subject to review, the PARS 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 Town Attorney's determination that the appeal raises an employment matter subject to review, the PARS shall set a date for a hearing. The chairperson of the PARS shall notify all interested parties of the date, time, duration and place of the hearing. 2. The hearing should take place within 60 business days of the Town Attorney's determination that the appeal raises an employment matter subject to review, unless the time is extended by the PARS, or unless the PARS 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 nor later than one year from the date the employee files the appeal. {OOOO1005.DOC /4} 5 - 20 Revised: September 6, 2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1 "- TOWN OF MARANA D. Pre-Hearing Exchange of Information 1. Not later than ten business days before the hearing, the Town and the appealing employee will disclose to each other and to the PARS the witnesses each anticipates calling at the hearing; a synopsis of their testimony; any documents each anticipates presenting to the PARS; 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 business days after the Town's receipt of the appealing employee's written request for the investigative file, the Town shall disclose to the appealing employee a complete copy of the investigative file and the names and work addresses of all persons interviewed during the course of the investigation. E. Hearings 1. The appealing employee shall appear personally, unless physically unable to do so, before the PARS 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 appealing employee may be represented by any person or attorney (other than a PARS 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 5-6-8(J)(3), the parties are individually responsible for their own attorney's fees. 6. Pursuant to A.R.S. ~ 38-431.03(A)(1), the hearing shall take place in executive session unless the appealing employee requests in writing that 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. 8. The hearing will be recorded by audio or video recorder, or other mechanical or electronic means. 9. The cost of a copy or copies of any transcription of the hearing, including preparation of the transcript, shall be paid by the party or parties ordering them. {OOOO10OS.DOC /4} 5 - 21 Revised: September 6,2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/" TOWN Of MAIlANA 10. The appealing employee may submit a written request to the Human Resources Department to withdraw the appeal at any time prior to the decision by the PARS. 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 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. 3. Attendance at the hearing is limited to the appealing employee, the responsible Department Head or designee (who may be he supervisor who is directly involved in the matter), each party's attorney or representative, the PARS members, staff needed to assist the PARS with any administrative tasks and to carry out its hearing functions, and each witness during his or her testimony. 4. Pursuant to A.R.S. ~ 12-2212, any member of the PARS 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, any member of the PARS may, by affidavit setting forth the facts, apply to the Superior Court for relief. G. Default Decision If, after receiving proper notice, the appealing employee or responsible Department Head or designee fails to attend or participate in the hearing within fifteen minutes of the time set for the hearing, the PARS may enter a default against the party failing to appear. The PARS 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 will make an opening statement. 2. The appealing employee or employee's representative will 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. {OOOO1005.DOC /4} 5 - 22 Revised: September 6, 2005 ~--~ CHAPTER 5 MARAN A WORK RULES ~/ l "- TOWN OF MARANA 4. Except as provided in Section 5-6-8 (F)(3), a witness may be present in the hearing only during his or her actual testimony. 5. The appealing 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 appealing employee or representative's cross examination of the witness. 7. After the Town's witness testifies and the appealing employee/representative and PARS members have had an opportunity to ask questions, the witness will be dismissed. 8. When all witnesses of the Town have been heard, the appealing 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 appealing employee/representative has completed questioning the witness. The appealing 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 PARS determines appropriate. 10. PARS 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. 12 No witnesses or documents will be considered by the PARS that were not disclosed during the pre-hearing exchange of information unless the party can show that it was newly discovered, there was prompt disclosure, and the evidence is crucial. In addition, the PARS, 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 appealing employee, and then the Town may make closing statements. Secause the Town has the burden of supporting its decision, it has the right to open and close the argument. I. Submission to the PARS 1. After all evidence has been submitted and closing statements have been made, the parties and their representatives will be excused. The PARS will then deliberate in private. Following deliberation, the PARS will vote in open session and render a {OOOO10OS.DOC /4} 5 - 23 Revised: September 6,2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ 1" TOWN OF MARANA decision. The decision shall be based on a majority vote of the PARB members. The voting shall be by roll call. 2. The only decision the PARB may make is either to uphold or overturn the action of the Town being appealed by the employee. If, after the hearing, the PARB determines that there was just cause for the disciplinary action imposed, then the employment matter shall be affirmed. J. Findings 1. Within ten business days after the conclusion of the hearing, the PARB shall prepare and distribute the PARB's final decision to the appealing employee, the Town Manager, Human Resources Director and the Department Head. 2. If the PARB overturns the action of the Town, the appealing 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 PARB may award reasonable costs and attorney's fees to the appealing employee, not to exceed $10,000, if the appealing employee was appealing an employment matter involving demotion, dismissal, or a suspension without pay greater than 16 hours. 4. If necessary, the PARB may set a hearing, no later than ten business days from the conclusion of the appeal hearing, to make findings as to the amount of attorney's fees to award to the appealing 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 appealing employee. Section 5-6-9 Personnel Action Review Board A. Composition 1. The Personnel Action Review Board (PARB) shall be composed of five members and five alternate members. Two members and two alternate members shall be residents of Marana, appointed by the Town Council for terms of three calendar years, who are not employed by the Town and are not members of any other Town body (preference should be given to individuals who have personnel experience), and three employees of the Town (Employee-Board Members), who are elected by the Town's employees to serve terms of two calendar years. 2. Employee PARB Members shall be elected from the following departments/groups: one from the Police Department (including non-uniformed members of the Department), one from the Development Services Group (including: Water, Geographic Information Systems, Operations & Maintenance, Public Works, Planning & Zoning, and Building Inspection Departments), and one from the {OOOO1005.DOC /4} 5 - 24 Revised: September 6, 2005 ~--~ CHAPTER 5 MARAN A WORK RULES ~/ l "'- TOWN OF MARANA remaining group of departments (including: Administration, Airport, Information Technology, Town Clerk, Finance, Parks and Recreation and Magistrate Court). No employees of the Town Manager, Town Attorney, or Human Resources Departments may serve on the PARS. 3. Interested employees should submit their names to the Town Manager for inclusion on ballots that will be distributed to the employees within the defined workgroups. Only employees in good standing will be allowed to place their names in consideration for election to the PARS (Le., employees with current disciplinary actions, disciplinary probation, or other documented unsatisfactory work performance are precluded). 4. The second highest vote recipient in each group shall be considered the alternate (for that group) for the same two-year term. If the primary Employee PARS Member from that group is personally involved in the appeal before the PARS, the alternate shall assume the duties of the primary Employee PARS Member for that group for the entire review of that particular appeal only. 5. If the primary Employee PARS Member from any of the three workgroups terminates employment with the Town or otherwise becomes ineligible to serve, the alternate shall automatically become the new Employee PARS Member representing that group. If there is no alternate Employee PARS Member, a special election shall be conducted to provide appropriate representation on the PARS. 6. If Non-employee PARS Members are unable to attend a hearing within the time designated for such hearing, then the alternate Non-employee PARS Members shall serve on the PARS for the entire review of that particular appeal only. If there are no alternate Non-employee PARS members available to serve, the Town Council may appoint pro-tem members as needed to ensure a quorum. 7. All PARS Members serve in a voluntary capacity. Employee PARS Members shall receive only their regular pay and benefits while engaged in official PARS activities. Employee PARS Members shall not receive additional compensation from the Town for their activities with the PARS, nor are they eligible for additional benefits as a result. Non-employee PARS Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PARS. S. Officers At its first regular meeting, and each year thereafter, the PARS shall select a Chairperson and Vice-Chairperson from its members. {OOOO1005.DOC /4} 5 - 25 Revised: September 6, 2005 ~--~ CHAPTER 5 MARANA WORK RULES ~/ l "\. TOWN OF MAR.6.NA C. PARS Attorney The PARS may be assisted by an attorney who is acceptable to the Town. The PARS Attorney will remain the same through individual cases. The Town and the PARS will be represented by separate attorneys. D. Meetings 1 The PARS may hold regular meetings, but shall meet at least once annually at such time and place within the Town as is designated by the Chairperson of the Soard. 2. In addition, the PARS may hold special meetings upon the call of the Chairperson or a majority of the members of the PARS. 3. A majority of the members of the PARS shall constitute a quorum for the transaction of business. Any decision of the PARS shall require three affirmative votes. 4. 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 PARS. 5. All meetings shall be recorded and accurate minutes shall be approved by the PARS and forwarded to the Town Clerk. E. Final Decision All decisions of the PARS are final and not appealable within any Town process. {OOOO1005.DOC /4} 5 - 26 Revised: September 6, 2005 ~--~ CHAPTER 8 MARANA TERMINATION OF EMPLOYMENT ~/ l '\.. TOWN OF MAIlANA Section 8-1-6 Layoff and Recall A. Layoff means the reduction of employees due to budgetary constraints, shortage of work, a material change in duties or organization, or other reasons determined by the Town Manager. Layoff shall not be used in lieu of discipline. B. A Department Head may layoff an employee with the approval of the Town Manager because of material change in duties or organization or because of shortage of work or funds. Affected employees shall be given written notice as soon as possible, but not later than a minimum of 14 calendar days prior to the effective date of a proposed layoff. c. Layoff decisions, recall and filling of regular job vacancies may be made based on documented ability and performance of the duties required in the job and consideration of an employee's length of continuous service with the Town in the classification. Where documented performance, experience and qualifications are equal, decisions to layoff, recall and fill vacancies will normally be made based on seniority within the affected classification within the department. D. Layoff decisions shall be coordinated among the various Town departments to provide possible transfer of employees to positions for which the employees qualify. E. An employee who has been laid off by the Town may be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the laid off employee is qualified becomes available. The Town is not required to follow the competitive hiring process to recall a laid off employee. {OOOO1029.DOC /2} 8-1 Revised: September 6, 2005 {OOOO1228.DOC I} Exhibit 'C' to Marana Resolution No. 2005-119