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HomeMy WebLinkAbout04/21/2009 AMENDED Council Agenda Packet1~I~~~l ~ ~~~~~~ Amended on 4/20/2009 at 4: SI p.m. -REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, Apri121, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As_a courtesy to others please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. S~_e_akng at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Regular Council Meeting - Apri121, 2009 -Page 1 of 94 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at w~~~w.maratxa.co, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, April 20, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at «~sv.mat°ana.c;om under Town Clerk, Agendas, Minutes and Ordinances. REGULAR MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P 1: Presentation_Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 5 -Work Rules (Suzanne Machain) ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent Regular Council Meeting -April 21, 2009 -Page 2 of 94 agenda. C L• Resolution No._ 2009-46: Relating to Water Service; approving and authorizing the execution of an Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data (Dorothy O'Brien) C 2: Resolution No. 2009-47: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Person Transfer of a No. 6 (Bar) liquor license submitted by Phillip H. Satterfield on behalf of the Gallery Golf Club located at 14000 N. Dove Mountain Blvd (Jocelyn C. Bronson) C 3: Resolution No. 2009-48: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Nicholas C. Guttilla on behalf of Wingstop located at 3662 W. Ina Road, Suite 110 (Jocelyn C. Bronson) C 4: Minutes of the April 7, 2009 regular council meeting C 5: Resolution No._2009-51: Relating to Community Development; granting $S, 000 in Added Late Discretionary Funding to Arizona Youth Partnership, an Arizona 501 (c)(3) non profit organization to support Marana High School 's Grad Night, an event offering positive activities for Marana youth and families (T VanHook) COUNCIL ACTION A 1: Resolution No. 2009-49: Relating to Finance; authorizing the application for a loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving Fund appropriation from the American Recovery and Reinvestment Act of 2009 to finance certain water projects (Erik Montague) BOARDS, COMMISSIONS AND COMMITTEES B l: Resolution No. 2009-50: Relating to Boards, Commissions and Committees; appointing to fill the. vacancy on the Planning Commission (Kevin Kish) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature (Steve Huffman) EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town Regular Council Meeting -April 21, 2009 -Page 3 of 94 of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana. FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -April 21, 2009-Page 4 of 94 fi~t~~~ ~~~ ....~ ~. ~.R~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri121, 2009, 7:00:00 PM To: Mayor and Council Item P 1 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 5 -Work Rules Discussion: This item proposes changes to Chapter 5 -Work Rules, of the Town's Personnel Policies and Procedures. Sections 5-1 through 5-5 relating to hours of work, personnel files, personal appearance, use of communications systems and equipment, and the disciplinary process are not recommended for substantive change. However Section 5-6 relating to make-up and function of the Personnel Action Review Board (PARB) is proposed for substantive change. At the direction of the Mayor and Council, staff considered options for restructuring the employee appeal process and the composition of the PARB. Because this process could potentially have a significant impact on employees, employee focus groups were convened during the week of March 3, 2009 to obtain employee input. In addition, information obtained through a survey of the Town's comparator jurisdictions was considered. Currently, the PARB is made up of five individuals; two residents of the town who are appointed by the Mayor and Council, and three town employees who are elected by employees. As provided for in the town's personnel policies, 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. Appeal to the PARB follows. a disciplinary review procedure that requires a series of steps including review/decision-making by the department director, the Human Resources Director and the Town Manager. Significant changes to the PARB process for council's consideration include eliminating the role of the Human Resources Director as a reviewer/decision-maker in the appeal process, redefining what constitutes reviewable discipline under the process, and providing for whether the PARB decision in the appeal matter is final or advisory. In addition, two different versions of Policy 5-7 relating to the PARB composition will be presented this evening. One version includes employee PARB members and one version which does not. Consistent with ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the council meeting where they are first presented,. but must be considered and discussed at one council meeting and then proposed for adoption at a subsequent council meeting. This is the first presentation of the proposed changes to Chapter 5. Following the council's Regular Council Meeting -April 21, 2009 -Page 5 of 94 discussion and direction this evening, final adoption of these policies are scheduled for the May 5, 2009 council meeting. ATTACHMENTS: :~tat7~e: O Clean version of Chapter_5 for 4-21 presentation (Of~(114173lCYQC t)escriptic~t~: "1`ype: CF~apter 5 Personnel Pr~licies ^ Alternate yersian of Policy 5 Alternate version of Policy 5-7 7-PARB (000'€4175j.DOC Staff Recommendation: Backup Material Backup Material Staff recommends that the proposed changes be brought forward for consideration and adoption by the Mayor and Council at the May 5, 2009 meeting. Suggested Motion: I move to direct staff to bring the proposed Personnel Policy changes to Chapter Five -Work Rules as discussed for final consideration and adoption at the May 5, 2009 council meeting. Regular Council Meeting - Apri121, 2009 -Page 6 of 94 Chapter 5 "'- =---~ MARANA WORK RULES ~1. iON`PJ OF CAARANq Policy 5-1 HOURS OF WORK An employee is expected to work the days and hours necessary to perform all assigned responsibilities and tasks in order to provide continuity of services to citizens and to facilitate teamwork and supervision. Attendance is an essential function of every Town position and shall be a consideration in determining promotions, transfers, .satisfactory completion of performance periods and continued employment with the Town. Section 5-1-1 Normal Work Week and Work Hours A. The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager.. A work week generally begins every Saturday at 12:01 a.m. and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. B. Most full-time employees will work during the core business hours of the Town, from 8:00 a.m. to 5:00 p.m. Monday through Friday, with one unpaid meal break each day. Normal work schedules may be adjusted as provided within these policies and/or with the approval of the Town Manager or designee. - C. Modifications to the Town's normal core business hours may be made, subject to any federal or State statutory or constitutional limitations relating to hours of work. Section 5-1-2 Alternative or Flexible Work Schedules A. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. B. Individuals with a medical need for an alternative or flexible work schedule should contact the Human Resources Department. Any arrangements shall be governed by these Personnel Policies and Procedures. C. Daily and weekly work schedules, including alternative or flexible work schedules, may be changed from time to time at the .discretion of the Town to meet varying work conditions. Changes in work schedules will be announced as far in advance as practicable. Section 5-1-3 Absences and Tardiness A. Advance notice of all absences is expected.. Employees shall provide notice of scheduled absences as far in advance of the absence as possible and no later than 24 hours before the absence. Employees shall provide notice of unscheduled absences within one-half hour before the scheduled start of their work day, unless other notice {00014173.DOC /}5 - 1 lar Council Meeting -April 21, 2009 -Page 7 of 94 r"~," MARANA ,~:~ % ! `~ TOWN O`r MARANA Chapter 5 WORK RULES requirements are established by written departmental standard operating procedures. If the employee is physically unable to notify his or her supervisor within the time frame required by this policy, the employee shall provide notice as soon as possible. If applicable, the supervisor may request medical verification of an employee's incapacitation, from a licensed health care provider as provided in Policy 4-2 of these Personnel Policies and Procedures. B. Advance notice of anticipated tardiness is expected. Employees shall provide notice of anticipated tardiness as far in advance of the tardiness as possible and no later than 24 hours before the tardiness. Employees shall provide notice of unanticipated tardiness as soon as possible. The employee's supervisor shall determine if work time lost due to tardiness may be made up by the employee or if the employee will be required to use accrued leave balances or take leave without pay. If authorized by the employee's supervisor, the employee may make up work time lost due to tardiness only during the work week in which it occurs. C. Notification of an unscheduled absence or tardiness by another employee, friend or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification. D. Departments are responsible for establishing procedures for employee notification of unscheduled absences or tardiness. Generally, unless provided otherwise by a department procedure, employees are expected to speak with their direct supervisor regarding an unscheduled absence or tardiness within the time-frames provided by this policy. E. Poor attendance and frequent tardiness are disruptive to the provision of Town services and may lead to disciplinary action, up to and including termination of employment. Section 5-1 -4 Meal Breaks and Rest Breaks A. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day will receive a minimum of one 30 minute unpaid meal break. Meal breaks shall not be taken at the beginning or end of a work shift and cannot be combined with paid rest breaks. B. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA). and who work a regular 8-hour work day may be granted paid rest breaks of short duration, from five to 20 minutes. Work demands may preclude the granting of a rest break; therefore, rest breaks shall be granted at the sole discretion of the appropriate supervisor or Department Head. Rest breaks shall not be taken at the beginning or end of a work shift and cannot be combined with meal breaks. {00014173.DOC /}5 - 2 Council Meeting -April 21, 2009 -Page 8 of 94 MARA~lA ~~,~,: % t ~~.1~ TOWN OF MARANA Chapter 5 WORK RULES Policy 5-2 PERSONNEL FILES The Human Resources Department maintains an official personnel file and a separate medical file on each employee. The personnel file contains documentation regarding all aspects of the employee's tenure with the Town,. such as employment history, performance appraisals, and disciplinary action notices. The medical file contains documentation such as employee benefits elections and medical leave information. Section 5-2-1 Official Personnel Files A. The Human Resources Department is responsible for maintaining official personnel files and must approve materials for inclusion in personnel files. B. An employee may submit a written statement for inclusion in his/her official personnel file if he or she believes that any of the included. materials requires correction and/or clarification. Section 5-2-2 Department Personnel Files A. The employee's current department may also maintain a personnel file regarding the employee's tenure with the department. If maintained, the department personnel file should contain the following. items: 1. Name 2. Social Security Number 3. Emergency contact information 4. Personnel Action Forms and supporting documentation 5. Performance appraisal documents 6. Documents of all formal disciplinary actions and grievance/appeal actions not alleging discrimination 7. Outside employment documents 8. Employment application(s) 9. Employee time and leave records including leave request documents and time sheets 10. Education reimbursement application forms {00014173.DOC /}5 - 3 Council Meeting -April 21, 2009 -Page 9 of 94 ~ _ Chapter 5 ~~,~ ''"°MARANA WORK RULES ~~.,,., 10YlN £JF MARANR B. Employees may provide work-related documents, such as letters of commendation, school transcripts, and updated resumes for inclusion in the department personnel file. C. Each department should also maintain copies of the non-medical portions of risk management files related to worker's compensation reports and supervisor's copies of accident/injury reports. D. Department personnel files shall be relocated to the receiving department upon employee transfer. The transferring department may retain only the following information: 1. Name 2. Address 3. Social Security Number 4. Personnel Action Forms and supporting documentation E. As a general rule, departments shall maintain only the employee records listed in this section in department personnel files. Questions regarding the contents of department personnel files should be referred to the Human Resources Director. For the purpose of employee performance evaluations and pending disciplinary actions, notations related to identified performance factors may be placed in a supervisory working file provided the performance issue has been discussed with the employee and the notations are removed after the performance evaluation or discipline has been issued and is final. Section 5-2-3 Access to Personnel Files A. Official and department personnel files and employment records shall be kept confidential except as required by law. During the normal course of employment, only the following individuals shall be permitted access to personnel files and employment records: 1. Personnel within the Human Resources Department 2. The Town Manager or designated administrator 3. The Town Attorney or designated attorney 4. The employee or the employee's .designated representative who has written authorization from the employee {00014173DOC /}5 - 4 Council Meeting -April 21, 2009 -Page 10 of 94 Chapter 5 MARARI~ WORK RULES ~=%/ L ~ tOVh'N OF MARlhNA 5. State and federal auditors or law enforcement authorities in the course of their duty, when required, and only after presentation of proper identification and notification of audit or investigation 6. The employee's current or prospective Department Head or designee . B. Access to official and department personnel files under this section shall only be permitted during normal working hours and for appropriate business purposes. Section 5-2-4 Updating Personnel Files A. Department Heads are responsible for forwarding documents to the Human Resources Department for inclusion in the official personnel files of those employees assigned to their department. B. To ensure that personnel files are up-to-date at all times, employees should notify their supervisor or the Human Resources Department of any changes in name, telephone number, home address, marital status, number of dependents, beneficiary designation, scholastic achievements, emergency contacts and other similar information. C. Employees may inspect their official personnel file to ensure accuracy and completeness of the file. A Human Resources Department representative must be present when a file is reviewed. Section 5-2-5 Records Release A. Personnel files and employment records of public employees are considered public records. Upon receipt of a proper public records request, records that are not made confidential by law may be released to the extent required by Arizona's public records law, A.R.S. § 39-121 et seq. B. Employee names, dates of service, positions held, and compensation may be released without legal inquiry. C. In the absence of a public records request, other information contained in an employee's personnel file will only be released with the express written permission. of the employee. Section 5-2-6 Records Retention A. An employee's personnel and department personnel files shall be retained in accordance with the Town's records retention and disposition schedule as approved by the Arizona State Library, Archives and Public Records department or in accordance with federal law, whichever requires a longer period of retention. During this retention .period, nothing will be removed from the personnel file. {00014173.DOC /}5 - 5 filar Council Meeting -April 21, 2009 -Page 11 of 94 Reg Chapter 5 ''I~A~ANA WORK RULES ~ t ~~ TOWN OF MARANR B. The employee's name, position held, dates of service, compensation, and reason for separation will be retained indefinitely. {00014173.DOC /}5 - 6 Council Meeting -April 21, 2009 -Page 12 of 94 ~~~, ~A~A~~ ~ j ~~~~ Chapter 5 WORK RULES Policy 5-3 PERSONAL APPEARANCE Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the organizational image the Town of Marana presents to the general. public. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Department Heads are responsible for determining and enforcing the dress code for their respective areas of responsibility. Section 5-3-1 Acceptable Attire Because of the changing nature of fashion, regulations pertaining to acceptable employee attire and grooming are flexible. There are, however, certain expected norms of professional appearance, of personal neatness, cleanliness and good grooming that are applicable to all employees. Section 5-3-2 Unacceptable Attire The Town of Marana reserves the right to advise any employee at any time that his or her grooming, attire or appearance is unacceptable. After having been so advised, the employee shall make any changes required by his or her supervisor. Failure to do so will result in the employee's suspension without pay until corrective action by the employee is taken. Repeated lack of compliance may result in further disciplinary action, up to and including discharge. Section 5-3-3 Uniforms A. Employees who are required to wear a uniform of any type in the performance of their duties will be provided a uniform by the Town. B. The Town may engage a uniform service company for laundering of uniforms. ..Laundering, cleaning and general upkeep of uniforms is the responsibility of each employee, whether the employee chooses to use the uniform service company or to self-wash uniforms. C. Employees should be aware that the furnishing of uniforms and maintenance or replacement allowance, if any, may, under certain circumstances, be considered a taxable benefit. D. Upon leaving the employment of the Town, uniforms are to be returned to the department according to departmental guidelines. {00014173.DOC /}5 - 7 Council Meeting -April 21, 2009 -Page 13 of 94 r-~ `~ MA~ANA / 1 .~ 70WN QF FAARANA Chapter 5 WORK RULES Policy 5-4 USE OF COMMUNICATIONS SYSTEMS AND EQUIPMENT Electronic Mail (e-mail), voice-mail, telephone, on-line subscriber services and the Internet are all information management and communications tools that are important parts of the way that the Town of Marana does business. Employees shall use these systems and associated equipment in an appropriate manner at all times. Section 5-4-1 No Expectation of Privacy A. All electronic storage and communication systems and equipment (including without limitation facsimiles, copiers, computers, software and telephones) and all information transmitted by, received from or stored in these systems are the property of the Town. B. Employees should have no expectation of privacy regarding the use of these systems and equipment or the transmission, receipt or storage of information in these systems or equipment. C. The Town may monitor an employee's use of these systems and equipment at any time at its discretion. Such monitoring may include, but is not limited to, monitoring, tracking, and review of all employee communications including all information created, stored, and disseminated using the Town's computer, network and telephone systems and all information viewed, downloaded, copied, sent, or processed using the Town's computer, network and telephone systems. Section 5-4-2 Permitted Use The Town's communications systems and equipment shall be used primarily for Town.. business purposes associated with the performance of each employee's job. Any use of these systems for non-work related purposes beyond limited incidental use, is prohibited. Section 5-4-3 Prohibited Use Improper use of the Town's electronic storage and communications equipment is strictly prohibited. Improper use includes, but is not limited to, the following uses. A. Any communications which violate Town policy, including abusive, harassing, intimidating vulgar, obscene and offensive communications, communications that defame or libel others, and communications that infringe upon the privacy rights of others. {00014173.DOC/}5 - 8 Council Meeting -April 21, 2009 -Page 14 of 94 ~~ ~- ^.^ MARANA .~./ i t TOWN ~ PAARANA Chapter 5 WORK RULES B. Disparaging communications or jokes which are based on race, national origin, marital status, sex, sexual orientation, disability, age, religion, or any other characteristic protected under federal, state or local law. C. Communications of any copyrighted materials, trade secrets, proprietary information, or any other highly sensitive confidential information, except with management permission in the course of an employee's job. D. Solicitation of others for commercial ventures or religious, social or political causes. E. Accessing, viewing, downloading, copying or sending information that is illegal, sexually explicit or obscene. F. Using on-line services or the Internet to gamble or wager. G. Acts that damage, interfere with, or congest the Town's computer or network systems or interfere with the work of other employees. Section 5-4-4 Additional Employee Responsibilities A. Employees shall maintain the secrecy of all passwords, identification numbers, or other means of entry onto the Town's computer systems and networks. The Town is the holder of all passwords, identification numbers, and other means of entry and no employee will use a pass code or voice mail access code that is unknown to the Town or that is not expressly authorized by the Town. The Town Manager may establish administrative directives regarding. the establishment and use of passwords. B. Employees shall cooperate with authorized Town officials in any investigation involving the Town's electronic communications systems. C. Employees may load outside files from an acceptable and known source onto the Town's computer system. Employees shall obtain approval from the Technology Services Department for all other outside files prior to loading such files in the Town's computer system. Section 5-4-5 Software Copyright The Town purchases and licenses various computer software for business purposes and does not own the copyright to this software or its related documentation. Employees may not reproduce such software or use it on more than one computer unless authorized to do so by the software license agreement. Employees with questions or concerns regarding the use of software or its related documentation should contact the Technology Services Department. {00014173.DOC /}5 - 9 Council Meeting -April 21, 2009 -Page 15 of 94 ~~. r'" ,r_~ MARANA TOY'N :JFMARANR Chapter 5 WORK RULES Section 5-4-6 Consequences of Prohibited Use Any violation of this policy may result in disciplinary action, up to and including termination of employment. {00014173.DOC /}5 - 10 Council Meeting -April 21, 2009 -Page 16 of 94 Chapter 5 r~ ~..^ NiA~ANA WORK RULES ~'/1`~ TOYiN OF MARP,NA Policy 5-5 DISCIPLINE SYSTEM Each supervisor shall have the responsibility and authority, with the approval of the Department Head, to administer appropriate discipline to subordinates using a positive progressive discipline process as a corrective measure. Section 5-5-1 Progressive Discipline A. Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee performance or conduct problems. The Town's discipline system includes a series of increasingly severe disciplinary actions, ranging from verbal reprimand to termination. However,. this does not mean that every step in the graduated range of disciplinary actions will occur in an ordered sequence in every case. B. Progressive discipline is a general guideline for supervisors. 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 and an employee's disciplinary history, whether for the same type of offense or not, may indicate that more severe disciplinary measures, up to and including termination, are appropriate. C. All employees are subject to termination 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, regardless of whether progressive discipline steps have been administered. Section 5-5-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Unclassified employees and other at-will employees shall be held to acceptable standards of employee performance and conduct and may be subject to discipline; however, unclassified employees and other at-will employees do not have the same due process rights as those afforded to regular full- and part-time classified employees by this policy and Policy 5-6. {00014173.DOC /}5 - 11 Council Meeting -April 21, 2009 -Page 17 of 94 *~,~ ~ Chapter 5 r-+'~-~..-~\ MARANii ~ WORK RULES T0~5'N flF F+fARANA Section 5-5-3 Types of Disciplinary Action A. Verbal Reprimand: A verbal notice to the employee regarding a performance or conduct problem. The verbal reprimand shall be given to the employee in a private meeting. The supervisor may have an appropriate~witness present during this meeting. 2. The supervisor shall inform the employee that the supervisor is issuing a verbal reprimand, that the employee is being given an opportunity to correct the problem, and that if the problem is not corrected, the employee will be subject to more severe disciplinary action. 3. Notation of the verbal reprimand shall be provided to the employee and included in the employee's official personnel file. B. Written Reprimand: A written notice to the employee discussing a performance or conduct problem. A written reprimand may be issued if the initial measure of verbal reprimand was taken by the employee's supervisor, but did not correct the problem or if the infraction is severe enough to warrant a written reprimand as the first measure of discipline. The written reprimand shall be given to the employee and its contents shall be explained to the employee by the issuing supervisor in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. Written reprimands should normally be issued within ten days after the occurrence of the action requiring discipline or within ten days of completion of any investigation of the occurrence, whichever is later. 3. The original written reprimand shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the written reprimand, then the supervisor and one other witness shall note on the reprimand that the employee received a copy and refused to sign it. A copy of the written reprimand shall be given to the employee and included in the employee's department personnel file. C. Suspension Without Pay: Involuntary time off with loss of pay. A suspension without pay may be issued for serious improper conduct or performance issues or after lesser measures of discipline have been issued but have failed to correct the employee's behavior or performance. The number of days of suspension will depend on the severity of the infraction, but shall not exceed 15 working days. {00014173.DOC/}5 - 12 Council Meeting -April 21, 2009 -Page 18 of 94 ~"+~,,Z Chapter 5 ~~~ 11~ARANA WORK RULES ~ ~ ~~ ~owra ~ rnn~raa D. Demotion: A reassignment to a lower position classification. A demotion may be issued for serious improper conduct and/or consistent inability to meet job performance expectations. Demotion shall occur when the employee is either unwilling or unable to perform the responsibilities of .his or her. position. Demotion is not a substitute for dismissal when dismissal is warranted. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a demotion. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. E. Reduction in Pay: A reassignment to lower pay within the same position classification. A reduction in pay may be issued for serious improper conduct, flagrant violations of rules and regulations and/or consistent inability to meet job performance expectations. A reduction in pay is considered to be a final behavior correction opportunity. 1. No change in classification occurs as a result of a reduction in pay. 2. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a reduction in pay. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. 3. Assignments, transfers or reassignments, including those to or from lead positions or special positions, are not considered a reduction in pay for purposes of these Personnel Policies and Procedures. F. Termination: The involuntary, permanent removal of an employee from employment. with the Town. The terms "termination" and "discharge" are sometimes used interchangeably in these Personnel Policies and Procedures. Termination does not include a layoff as defined in these Personnel Policies and Procedures. Termination may occur due to serious insubordination, theft, illegal or destructive acts while on the job, flagrant violation of Town policy or any other reason deemed appropriate by the Town Manager. Termination may also occur after. repeated offenses of a less serious nature or for consistent inability to meet job performance expectations, if the.employee's conduct has been documented and appropriate performance- and conduct-related changes have not resulted from previous progressive disciplinary action. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies {00014173.DOC /}5 - 13 Council Meeting -April 21, 2009 -Page 19 of 94 ~~~' Chapter 5 1~ARANA WORK RULES TQWM Of ~AARANA and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources Director. The employee shall be notified in writing that he or she has failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to appeal under the personnel action appeal procedures set forth in this chapter. Section 5-5-4 Imposed Leave A. A Department Head may, after consultation with and approval by the Human Resources Director, place an employee on imposed leave with pay to remove an employee from the work site in order to allow the Town to investigate 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. Imposed leave shall ordinarily not exceed 21 calendar days. The Human Resources Director may authorize an extension when a comprehensive investigation will require more time to reach a conclusion. B. If the investigation reveals employee misconduct, disciplinary action commensurate with the nature of the offense shall be taken. Such disciplinary action may include recovery of salary and benefits paid during the imposed leave. C. If the investigation reveals no employee misconduct, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file. Section 5-5-5 Grounds For Disciplinary Action A. A single serious infraction may result in termination. Such serious infractions include, but are not limited to, the following: 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 alcohol or drugs or using such substances while on Town property. 4. Theft or removal of Town money, merchandise or property, including property in the custody of the Town, without permission. {oooiai~3.~oc/}5 - 14 filar Council Meeting -April 21, 2009 -Page 20 of 94 Reg Chapter 5 MARAI~A WORK RULES ~/ \ i4W~l OF MARANA 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 criminal offense. 7. Other reasons deemed valid by Town officials. B. Other grounds for disciplinary actions, up to and including termination, include, but are not limited to, the following: 1. Being absent from work without permission or failure to report to the supervisor or Department Head when one is absent. 2. Being habitually absent or tardy for any reason. 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 Town policies or ordinances or state or federal law. 9. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe proper security or safety procedures. 10. Two written reprimands or other disciplinary actions in a 24 consecutive month period. 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. {00014173.DOC /}5 - 15 Council Meeting -April 21, 2009 -Page 21 of 94 ~"\,~ _ Chapter 5 ~,~„~~ MAI~ANA WORK RULES ..~,.~, ~~~<< TOWtJ Of iAARANA 14. Divulging or misusing confidential information, including removal from Town premises without proper authorization of any employee lists, records, designs, drawings or confidential information of any type. 15. Improper use of the Town's electronic storage and communications equipment, as set forth in these Personnel Policies and Procedures and any administrative directives established by the Town Manager. 16. Such other act, error or omission detrimental to the mission of the Town. 17. Other reasons deemed valid by Town officials. Section 5-5-6 Notice to Employee A. An employee to whom this policy applies, as set forth in Section 5-5-2, shall receive 24-hour written notice whenever the Town intends to take a disciplinary action resulting in termination, reduction in pay, demotion or suspension without pay. B. Notice under this section is not required for other types of actions including, but not limited to, verbal reprimands, written reprimands, imposed leave, layoffs, assignments, transfers or reassignments, including those to or from lead positions or special positions. Notice under this section is also not required for those employees to whom this policy does not apply, as set forth in Section 5-5-2. C. The notice required under this section shall provide the following information: 1. Notice of the intended disciplinary action and the proposed date of implementation. 2. The reasons for the action. 3. The date and time, not less than 24 hours after the notice is given to the employee, of apre-action meeting at which the employee may respond, verbally or in writing, to the written notice of intended disciplinary action. D. The original notice of intended disciplinary action shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the notice, then the supervisor and one other witness shall note on the notice that the employee received a copy and refused to sign it. A copy of the notice shall be given to the employee and included in the employee's department personnel file. {00014173.llOC /}5 - 16 Council Meeting -April 21, 2009 -Page 22 of 94 MARAN~; `~. TQYfN O~ F~AARANA Chapter 5 WORK RULES E. Once an employee has been provided the notice required under this section, the employee may be placed on imposed leave under Section 5-5-4 pending the pre-action meeting. Section 5-5-7 Pre-Action Meeting A. The pre-action meeting is a meeting between the employee, the supervisor proposing the discipline and the Department Head. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of intended disciplinary action. B. The employee may have anon-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 and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during the pre-action meeting to consult with the co-worker or others who are immediately available, telephonically or otherwise. C. Any relevant information presented by the +employee during the pre-action meeting regarding the proposed disciplinary action shall be considered by the supervisor and the Department Head. D. Failure by the employee either to attend written response to the notice of intended of the employee's right to do so and implemented as written. the pre-action meeting or to timely submit a disciplinary action shall be deemed a waiver the proposed disciplinary action shall be Section 5-5-8 Disciplinary Decision After the pre-action meeting, the Department Head shall advise the employee in writing of the decision regarding the imposition of discipline. This decision will normally occur within ten business days of the pre-action meeting. The Human Resources Director may authorize an extension with good cause shown by the Department Head. A copy of the written disciplinary decision shall be included in the employee's official personnel file. {00014173.DOC /}5 - 17 Council Meeting -April 21, 2009 -Page 23 of 94 ~~ Chapter 5 ~~~~ MARANA WORK RULES TOWN Of MARRNA Policy 5-6 FORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-6-1 Purpose. The Town of Marana provides formal personnel action review procedures as a means to ensure that employees receive fair and equitable treatment and to provide an orderly procedure for resolving disciplinary actions that are subject to formal appeal. Section 5-6-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-6-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are subject to formal personnel action review, except that employees that are subject to the provisions of the memorandum of understanding between the Town of Marana and a designated public safety employee organization may have additional remedies under that MOU. Section 5-6-4 Disciplinary Actions Subject to Formal Personnel Action Review Only the following disciplinary actions shall be subject to formal personnel action review under this policy: A. Termination B. Reduction in pay C. Demotion D. Suspension without pay for more than 40 hours in a rolling 12-month period. Section 5-6-5 Employment Actions Not Subject to Formal Personnel Action Review Only the disciplinary actions specifically listed in Section 5-6-4 are subject to formal personnel action review under this policy. All other employment actions are not subject to {oootat~s.noc i}5 - 18 filar Council Meeting -April 21, 2009 -Page 24 of 94 Reg ~-.- MARANA .TOWN OF MARANA Chapter 5 WORK RULES formal personnel action review. The following is an illustrative, but not exhaustive, list of employment actions that are not subject to formal personnel action review under this policy. A. Verbal reprimands, written reprimands and suspensions without pay for 40 hours or less in a rolling 12-month period. B. Termination during the initial evaluation period for either a new hire or an employee in a promotional position. C. Placement of an employee in, or the content or the structure of, the Town's classification plan. D. Placement of an employee in, or the content or structure of, the Town's salary plan. E. The content or structure of the Town's benefits programs. F. An employee's performance evaluation. G. Extension of an evaluation period. H. Assignments, promotions, transfers or reassignments, including those to or from lead positions or special positions. I. Municipal finance or budgetary issues. J. Layoffs. Section 5-6-6 Appeal to the Personnel Action Review Board (PARB) A. To request formal appeal to the Town's Personnel Action Review Board (PARB), the employee must file a written appeal with the Human Resources Director within ten business days after the employee's receipt of a written disciplinary decision that is subject to formal appeal. B. The appeal shall be on a form provided by the Human Resources Department. C. Upon receipt of the employee's written appeal of a disciplinary decision that is subject to formal appeal, the Human Resources Director shall provide a copy of the appeal to the Town Manager, the Legal Department, the employee's Department Head and the PARB, by and through the PARB Chairperson. D. If the Human Resources Director determines that the employment action is not subject to formal appeal under this policy, the Director shall so inform the employee in writing within five business days of receiving the employee's request for appeal. {00014173.DOC /}5 - 19 Council Meeting -April 21, 2009 -Page 25 of 94 ~~, Chapter 5 ~- ~~~ MARANA WORK RULES rovtN ~; r~n~aNa Section 5-6-7 Scheduling of Hearing A. Within 20 business days of the Human Resources Director's receipt of the employee's written appeal, the PARB, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a hearing. B. The hearing should take place within 60 business days of the Human Resources Director's receipt of the employee's written appeal, unless the time is extended by the PARB, or unless the PARB is unable to hear the appeal within that time, or for other good cause. C. In no event shall the hearing take place later than one year from the date the Human Resources Director receives the employee's written appeal. D. Hearings 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. Section 5-6-8 Notice of Hearing A. The Chairperson of the PARB, or the Human Resources Director at the direction of the PARB Chairperson, shall give written notice to the appealing employee and to the Town of the date, time and location of the hearing. B. The appealing employee's notice shall include appropriate notification of any potential executive session under A.R.S. § 38-431.03(A)(1). C. The notice of hearing shall be provided to the parties at least 15 business days before the scheduled hearing. Section 5-6-9 Pre-Hearing Exchange of Information A. Within ten business days before the hearing, the Town and the appealing employee shall disclose to each other a list of the witnesses each anticipates calling at the hearing and any documents each anticipates presenting to the PARB that have not previously been disclosed. B. Within ten business days before the hearing, the Town and the appealing employee shall also disclose to each .other the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives for either party. C. Either party may request to interview the other party's witnesses prior to the hearing. Witnesses listed by either party may decide whether they wish to be interviewed prior to the hearing at their own discretion. Neither the Town nor the appealing employee shall {00014173.DOC /}5 - 20 Council Meeting -April 21, 2009 -Page 26 of 94 Chapter 5 .._;~ IV~ARANA WORK RULES TOWN Of MARANA interfere with any decision of a witness regarding whether to be interviewed prior to the hearing. D. The parties shall also comply with the provisions of A.R.S. § 38-1101 where applicable. Section 5-6-10 Town Employee Witnesses A. A Town employee who is listed as a witness by either party and who has been notified in writing of the date, time and location of the hearing and of his or her scheduled testimony, shall appear at the hearing as directed. An employee's intentional and willful failure to appear as directed will result in disciplinary action, up to and including termination. B. The supervisor and/or Department Head of a Town employee directed to appear at a hearing as a witness shall allow the employee to attend the hearing as directed. A supervisor or Department Head who intentionally and willfully fails to allow an employee to attend a hearing pursuant to this policy shall be subject to disciplinary action, up to and including termination. C. Neither party shall be required to issue a formal subpoena to a Town employee who is listed as a witness. Written notice to the employee is sufficient to require the employee to appear. Section 5-6-11 Subpoenas Pursuant to A.R.S. § 12-2212, any member of the PARB 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 PARB may, by affidavit setting forth the facts, apply to the Superior Court for relief. Section 5-6-12 Hearings before the PARB A. General Rules 1. The appealing employee shall appear personally before the PARB at the time and place of the hearing, unless the employee is physically unable to do so, 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. {00014173.DOC /}5 - 21 Council Meeting -April 21, 2009 -Page 27 of 94 MARANA ~a1 ,.~..~./ k `~. T~YtN Of PAARANA Chapter 5 WORK RULES 3. The appealing employee may be represented by any person or attorney (other than a PARB Member or a Town employee) who is willing to represent the employee and who 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. The PARB may be assisted by an attorney who is acceptable to the Town. The PARB attorney will remain the same through individual appeals. The Town and the PARB shall be represented by separate attorneys. 6. The parties are individually responsible for their own attorney's fees, except that a law enforcement officer, as defined in A.R.S. § 38-1001(4), may request reasonable costs and attorney's fees under the provisions of A.R.S. § 38-1004(C), 7. Each party may call witnesses who were disclosed to the other party pursuant to this policy and who are believed to be relevant. Each party is responsible for securing the attendance of his or her own witnesses. The Town will make Town employees available for the hearing, if the identity of the Town employee/witness is timely disclosed pursuant to this policy. 8. In the absence of good cause, no witnesses or documents shall be considered by the PARB that were not disclosed during the pre-hearing exchange of information unless the party offering the evidence can show that the evidence was newly discovered and could not have been timely discovered and disclosed in the exercise of reasonable diligence, that the evidence was promptly disclosed when discovered, and that the evidence is crucial 9. The PARB 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. 10. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal. 11. The Town bears the burden of demonstrating just cause for the disciplinary action by a preponderance of the evidence. 12. The hearing shall be recorded by audio or video recorder, or by other mechanical or electronic means and/or by a court reporter. {00014173.DOC /}5 - 22 Council Meeting -April 21, 2009 -Page 28 of 94 ~~1 ~- ~~ MARANA ~.`~ ~%! r~v,•r10 r~rnaaN~a Chapter 5 WORK RULES 13. 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 the copy or copies. 14. The appealing employee may submit a written request to the Human Resources Director to withdraw the appeal at any time prior to the decision by the PARB. B. General Conduct of the Hearing 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 shall take place in a public meeting unless a majority of the members constituting a quorum of the PARB publicly vote to hold the hearing in executive session pursuant to A.R.S. § 38-431.03(A)(1). 3. The hearing shall take place in a public meeting if the appealing employee, upon receiving appropriate notice pursuant to A.R.S. § 38-431.03(A)(1) of the potential executive session, demands in writing that the hearing take place in public. 4. If the hearing takes place in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, hold an executive session at any time for the purposes listed in A.R.S. § 38-431.03(A)(1), (2) and/or (3). 5. The hearing is informal and the technical rules of evidence shall not apply.., The Chairperson shall 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 shall be final, unless overruled by a majority of the members constituting a quorum of the PARB. 6. If the hearing is held in a public meeting, the PARB may, and at the request of either party shall, exclude prospective witnesses from the hearing during opening statements and the testimony of other witnesses. If witnesses are excluded from the hearing under this paragraph, the Chairperson shall also direct the witnesses not to communicate with each other until the closing arguments of both parties have concluded. 7. If the hearing is held in executive session, 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 PARB members, the attorney for the PARB, any Human {00014173.DOC /}5 - 23 Council Meeting -April 21, 2009 -Page 29 of 94 Chapter 5 ~'~. N~ARANA WORK RULES «~/I\ TOYdPt flF MARANA Resources Department staff needed to assist the PARB with administrative tasks, and each witness during his or her testimony. The Chairperson shall instruct each person present at the executive session that discussions and testimony made at executive session shall be kept confidential. C. 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 PARB may enter a default against the party failing to appear. The PARB may reconsider a default decision upon a party's submission to the PARE of proof of exigent circumstances within ten calendar days of the default decision. D. Statements and Questioning of Witnesses 1. The Town or its representative may make an opening statement. 2. The appealing employee or the employee's representative may then make an opening statement. The employee or representative may reserve his or her opening. statement until the close of the Town's evidence. 3. The Town shall present its case first, calling witnesses and presenting its evidence to establish the reasons for the employment action that is the subject of the appeal. 4. The appealing employee or the employee's representative may ask questions of the Town's witnesses after the Town has completed the questioning of each witness. 5. The Town may then ask further questions of the its witness, limited to those areas raised in the appealing employee or representative's questioning of the witness. 6. After the Town's witness testifies and the appealing employee or representative and PARB members have had an opportunity to ask questions, the witness will be dismissed. 7. 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 questioning of the witness. 8. Rebuttal witnesses may be permitted to testify as the PARB determines appropriate. 9. PARB members may ask questions of a witness at any time. {00014173.DOC /}5 - 24 Council Meeting -April 21, 2009 -Page 30 of 94 ~'-' MARANA, ~~% ! `~: TOWN OF MARANA Chapter 5 WORK RULES 10. After all witnesses have been questioned, the Town may make a closing argument. The appealing employee or representative may then make a closing argument. Because the Town has the burden of supporting its decision, the Town may make a second closing argument in rebuttal to the employee's closing argument. 11. Because the Town has the burden of supporting its decision, the appealing employee and/or representative will not be permitted to make a second closing argument. Section 5-6-13 Submission to the PARB A. If the hearing was held in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(1) for deliberations, unless the appealing employee requests that the .deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. B. If the hearing was held in executive session pursuant to A.R.S. § 38-431.03(A)(1), after all the evidence has been submitted and closing arguments have been made, the parties and their representatives shall be excused and the PARB shall then deliberate in private, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations -shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal. advice with the attorney for the PARB. Reg Section 5-6-14 Findings of the PARB A. Following deliberation, whether in a public meeting or in executive session, the PARB shall render its findings regarding the disciplinary action via a public majority vote of the members constituting a quorum of the PARB. The voting shall be by roll call. B. The findings of the PARB shall be in the form of an advisory opinion to the Town Manager. The PARE may recommend that the disciplinary action be upheld, overturned or modified. C. Within ten business days of the conclusion of the hearing, the PARB shall provide a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding the disciplinary action and the reasons for the {00014173.DOC /}5 - 25 filar Council Meeting - Apri121, 2009 -Page 31 of 94 ,~'~ Chapter 5 r"- ~.~ MARANA WORK RULES ~/ t ~. 7Owrr O`r ~nAeataa recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. Section 5-6-15 Decision of the Town Manager A. Within ten business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding the disciplinary action being appealed. The Town Manager may accept, modify or reverse the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. B. In reaching a decision, the Town Manager shall review the evidence and testimony presented to the PARB and his or her decision shall be based upon the official record of the proceedings before the PARB. The Town Manager may seek legal advice during deliberation from an attorney or attorneys representing the Town; however, the Town Manager may not consult with any attorney who participated as an advocate for the Town during the proceedings before the PARB or who acted as the attorney for the PARB. C. If the Town Manager modifies or reverses the decision of the PARB, the Town Manager shall state in writing his or her reasons for modification or reversal. D. All decisions of the Town Manager are final and not appealable within any Town process. Section 5-6-16 Back Pay, Reasonable Costs and Attorney's Fees A. If the Town Manager modifies or reverses the disciplinary action, the appealing employee shall receive back payment for wages and benefits lost, if any, as a result of the disciplinary action, subject to reduction for any wages actually earned by the employee during the time period in question, including any unemployment compensation that is not subject to repayment by the employee. B. If the Town Manager modifies or reverses the disciplinary action, a law enforcement officer to whom the provisions of A.R.S. § 38-1004(C) apply, may also make written request to the PARB for reasonable costs and attorney's fees pursuant to the provisions of that statute. If necessary, the PARB may set a hearing to make findings as to the amount of the costs and attorney's fees, if any, to award to the appealing employee. C. Any hearing regarding costs and attorney's fees shall take place within 20 business days of the Town Manager's written decision and shall be conducted in compliance with the rules set forth in this policy. {00014173.DOC /}5 - 26 Council. Meeting -April 21, 2009 -Page 32 of 94 ~~ ~- _~ IVIARAIVA /! TOWM QF MARANA Chapter 5 WORK RULES D. Within five business days of any hearing regarding costs and attorney's fees, the PARB shall render a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding costs and attorney's fees and the reasons for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. E. Within five business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding costs and attorney's fees. The Town Manager may accept or reject the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. F. The decision of the Town Manager is final and not appealable within any Town process. G. Any award of costs and attorney's fees to a law enforcement officer shall be in compliance with the provisions of A.R.S. § 38-1004(C). Section 5-6-17 Miscellaneous Rules of Appeals A. After an issue has been initially presented for review, neither party may, without good. cause, add new allegations at a subsequent step. B. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the appealing employee. C. In the absence of good cause, the employee's failure to timely pursue any step in the appeal process shall result in the termination of the appeal process and the dismissal of any appeal, and the employment action shall stand. D. 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 because of such participation. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. E. All information obtained during the processing of a request for personnel action review will be maintained confidentially to the extent permitted by law. Information may be released pursuant to a public records request under the. Arizona public records law, A.R.S. § 39-.121 et seq. F. An employee seeking personnel action review under these procedures may be granted up to one hour of work time per day to spend preparing for his or her hearing before the PARB. {00014173.DOC /}5 - 27 Council Meeting -April 21, 2009 -Page 33 of 94 ^~~ MARANA ~~/1\ TOK'N OF MAR,gFlA Chapter 5 WORK RULES G. For pay and benefits purposes, time spent by employees in discussions with management or in testifying before the PARB is considered time worked. H. Disciplinary actions subject to formal personnel action review may be resolved or settled at any step in the process. The request for formal personnel action review shall. be processed until either the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. I. Upon reversal of the decision at any step in the formal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred from the effective date of the disciplinary action pursuant to the provisions of this policy. {00014173.DOC /}5 - 28 Council Meeting -April 21, 2009 -Page 34 of 94 ~ ~ Chapter 5 r ~=,`~. MARANA WORK RULES ti~% t ~. TOWN Of MAQANA Policy 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Section 5-7-1 Composition and Officers A. The Town of Marana Personnel Action Review Board (PARB) shall be composed of five primary members. Two primary members shall be residents of the Town of Marana and three primary members shall be employees of the Town of Marana. B. The PARB shall also have five alternate members. Two alternate members shall be residents of the Town of Marana and three alternate members shall be employees of the Town of Marana. C. At its first regular meeting, and each year thereafter, the PARB shall select a Chairperson and Vice-Chairperson from its primary members. Section 5-7-2 Appointment of Citizen PARB Members A. Primary and alternate citizen PARB members shall be appointed by the Town Council pursuant to Town Council policies and procedures. B. Preference shall be given to applicants who have human resources and/or personnel management experience. C. Citizen PARB members shall not be members of any other Town boards, commissions or committees. Section 5-7-3 .Election of Employee PARB Members A. Primary and alternate employee PARB members shall be chosen via aTown-wide employee election administered by the Human Resources Director. B. Employees interested in serving on the PARB shall submit their names to the Human Resources Director in the manner prescribed by the Human Resources Director for inclusion on election ballots. C. Employees who have been the subject of a disciplinary action of suspension without pay, demotion or reduction in pay, which has either been upheld on appeal or not appealed, within two years of any PARB election are not eligible to serve on the PARB and shall be disqualified from inclusion on the ballot. D. Department Heads and employees in the Town Manager's Office, the Human Resources Department and the Legal Department are not eligible to serve on the PARB and shall. be disqualified from inclusion on the ballot. {00014173.DOC /}5 - 29 Council. Meeting -April 21, 2009 -Page 35 of 94 ~'~~ Chapter 5 ~~ ~ 'MARAI~A WORK RULES :'~~' Town a~ ~aaruNn E. To ensure a representative cross-section of employees from all Town departments, no department shall have more than one employee on the PARB as either a primary member or an alternate member. F. The three employees who receive the highest number of votes shall be elected as the primary employee PARB members and the three employees who receive the next highest number of votes shall be elected as the alternate employee PARB members, unless any of the six employees are employed by the same Town department. In such a case, the Human Resources Director shall select the next highest vote recipient that is not employed by the same department as any of the other top vote recipients to serve on the PARB. The Human Resource Director shall proceed in this manner as necessary until the three primary employee PARB members and the three alternate employee PARB members are from six different Town departments. G. The Human Resources Director shall maintain until the next PARB election an election list consisting of the names of employees who submitted for PARB consideration, the employees' departments and the number of votes the employees received. If any of the six employee PARB members must be permanently replaced, the replacement shall be determined by consulting the election list and proceeding as directed in this policy. H. If any employee is disqualified from serving on the PARB solely because another employee from the same department received a higher number of votes, that employee shall remain on the election list until the next PARB election. Section 5-7-4 PARB Member Orientation Upon the election and/or appointment of any new PARB member(s), the Human Resources Director shall schedule and conduct an orientation session. The purpose of the orientation session shall be to familiarize the PARB members with these Personnel Policies and Procedures and with their roles and responsibilities as PARB members. Section 5-7-5 PARB Member Terms A. Primary and alternate citizen PARB members shall serve terms of three years. B. Primary and alternate employee PARB members elected during the first PARB election held after adoption of this policy shall serve a term of one year. Thereafter, primary and alternate employee PARB members shall serve terms of three years. C. No primary or alternate citizen PARB member shall serve on the PARB for more than six years. {00014173.DOC /}5 - 30 Council Meeting -April 21, 2009 -Page 36 of 94 ~"I•~", MARANA ~~~~ ..~. -..~-. ~ t `~ i~ ViN OF FAARkNA Chapter 5 WORK RULES D. No primary or alternate employee PARB member shall serve on the PARB for more than seven years. Section 5-7-6 Removal of PARB Member For Cause Notwithstanding the PARB member terms set forth in this policy, the Town Council, by a majority vote of its members constituting a quorum, may remove any PARB member, citizen or employee, primary member or alternate, for cause. The Human Resources Director shall be responsible for bringing any for cause removal of a PARB member to the Town Council for its consideration. Section 5-7-7 Replacement of PARB Members If it becomes necessary to permanently replace a primary or alternate PARB member at any time due to voluntary resignation, removal for cause or the termination of the employment of an employee PARB member, the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy. At all times, the three primary employee PARB members and the three alternate employee PARB members shall be from six different Town departments. The ratio of three employee PARB members to two citizen PARB members shall also be maintained. Section 5-7-8 Appeal Hearings A. A primary PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: 1. The PARB member is a witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee, the appealing employee's supervisor, the appealing employee's Department Head, either party's representative or any person listed as a witness by either party. 3. The PARB member is employed by the same department as the appealing employee. 4. The PARB member is the subject of a disciplinary action of suspension without pay, demotion or reduction in pay which is currently under either informal or formal review. {00014173.DOC /}5 - 31 Council Meeting -April 21, 2009 -Page 37 of 94 ~ ~ Chapter 5 _~` MARANA WORK RULES .~~~ ..1.~,.,. / l TOYJN O`r MARANR B. The Human Resources Director shall, in conjunction with the PARB Chairperson, make a determination as to whether a PARB member shall be disqualified for a specific appeal hearing. C. A PARB member may request to be excused from serving on the PARB for a specific appeal hearing due to extenuating personal circumstances or unavailability. The PARB member shall submit such a request to the Human Resources Director who shall, in conjunction with the PARB Chairperson, make a determination as to whether the PARB member shall be excused for the appeal hearing in question. D. If a PARB member is disqualified or excused from an appeal hearing, that disqualification or excuse shall only apply to the specific appeal hearing in question. E. If a PARB member is disqualified or excused from an appeal hearing, an alternate PARB member shall serve for that appeal hearing. F. The ratio of three employee PARB members to two citizen PARB members shall be maintained for all appeal hearings. If a primary citizen PARB member is disqualified or excused from an appeal hearing, an alternate citizen PARB member shall be selected to serve for that appeal hearing. If a primary employee PARB member is disqualified or excused from an appeal hearing, an alternate employee PARB member shall be selected to serve for that appeal hearing. G. Alternate PARB members shall be subject to disqualification in the same manner as primary PARB members as described in this policy. Alternate PARB members may also request to be excused from serving in the same manner as primary PARB members as described in this policy. If more than one alternate PARB member is eligible to serve on a specific appeal hearing, the alternate PARB member who will serve for the appeal hearing shall be selected at random in a process prescribed by the Human Resources Director. H. The five PARB members designated to serve for a specific appeal hearing shall serve for that entire appeal hearing. Section 5-7-9 Special Election of Employee PARB Members If at any time there is an insufficient number of eligible employee PARB Members to conduct an appeal hearing, the Human Resources Director shall administer a special election to ensure appropriate representation on the PARB as described in this policy. {00014173.DOC /}5 - 32 ~lar Council Meeting -April 21, 2009 -Page 38 of 94 Reg ~. MAI~ANA TOWN Of MARANA Chapter 5 WORK RULES Section 5-7-10 Special Appointment of Citizen PARB Members If at any time there 'is an insufficient number of eligible citizen PARB members to conduct an appeal hearing, the Town Council may appoint pro-tem members as needed to ensure appropriate representation on the PARB as described in this policy. Section 5-7-11 Voluntary Capacity All PARB Members serve in a voluntary capacity. Employee PARE Members shall receive only their. regular pay and benefits while engaged in official PARB activities. Employee PARB Members shall not receive additional compensation from the Town for their activities with the PARB, nor are they eligible for additional benefits as a result of their PARB activities. Citizen PARB Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-12 Meetings of the PARB A. The PARB may hold regular meetings at its discretion, but shall meet at least once annually at such time and place within the Town as is designated by the PARB Chairperson in conjunction with the Human Resources Director. B. The PARB may hold special meetings upon the call of the Chairperson or a majority of the members of the PARB. C. The Human Resources Director shall act as secretary to the PARB, shall keep its minutes and records of its work and shall assist the PARB in scheduling meetings and hearings. The Human Resources Director shall provide staff as needed to assist the PARB with any administrative tasks and to carry out its meeting functions. D. A majority of the primary members of the PARB shall constitute a quorum for the transaction of business. Any decision of the PARB shall require the majority vote of the members constituting a quorum of the PARB. E. Meetings, including appeal hearings, shall be properly noticed and conducted in accordance with Arizona's open meeting laws, A.R.S. § 38-431 et seq., and such operational rules and procedures as shall be adopted by the PARB. F. Meetings, including appeal hearings, shall be recorded and accurate minutes, prepared to comply with .the requirements of the open meeting law, shall be approved by the PARB and forwarded to the Town Clerk. Minutes of executive sessions shall be maintained confidentially and shall be disclosed only in compliance with the open meeting law. {00014173.DOC /}5 - 33 Council Meeting -April 21, 2009 -Page 39 of 94 Chapter 5 ~- f ~~, N~ARANA WORK RULES :~ /t ~ SOWN 4f MAitANA G. The PARB may be assisted by the PARB attorney at any meeting of the PARB. {00014173.DOC /}5 - 34 Council Meeting -April 21, 2009 -Page 40 of 94 ~~.~'~. MARANiA 4"'1'1.// T`il W N OF MARANA Chapter 5 WORK RULES Policy 5-8 INFORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-8-1 Purpose The Town of Marana provides informal personnel action review procedures as a means to ensure that all employees receive fair and equitable treatment and have recourse to seek review of disciplinary actions that are not subject to formal personnel action review. Section 5-8-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-8-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are not subject to formal personnel action review. Section. 5-8-4 Disciplinary Actions Subject to Informal Personnel Action Review Only the following disciplinary actions shall be subject to informal personnel action review under this policy: A. Verbal reprimands B. Written reprimands C. Suspensions without pay for 40 hours or less in a rolling 12-month period. Section 5-8-5 Informal Personnel Action Review Steps A. Step One 1. To request review of a disciplinary action that is subject to informal review under this policy, the employee must file a written request for review with the supervisor who issued the discipline within ten business days of the date the employee receives notice of the disciplinary action. 2. The request for review shall be on a form provided by the Human Resources Department. {00014173.DOC /}5 - 35 Council Meeting - Apri121, 2009 -Page 41 of 94 MARANA ~~~ ! ~. TOWN Of UARANA Chapter 5 WORK RULES Within five business days of the supervisor's receipt of the employee's request for review, the supervisor shall provide a written response to the employee on the form provided. 4. If the Department Head is the supervisor who issued the disciplinary action, then the informal review process ends at this step. The Department Head's decision is final. B. Step Two If the procedure in Step One does not resolve the issue to the employee's satisfaction and does not involve a final decision of the Department Head, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the next level manager, if any. The employee must file the request for review within five business days of receipt of the supervisor's written response. The request for review must include a written response to the supervisor's comments, indicating the areas of disagreement with the supervisor's comments and a proposed solution. 2. Within five business days of the manager's receipt of the employee's request for review, the manager shall provide a written response to the employee on the form provided. 3. If there is no next level manager between the supervisor issuing the discipline and the Department Head, the employee may proceed directly to Step Three. C. Step Three If the procedure in Step Two does not resolve the issue to the employee's satisfaction, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the Department Head. The employee must file the request for review within five business days of receipt of the manager's written response. The request for review must include a written .response to the manager's comments, indicating the areas of disagreement with the manager's comments and a proposed solution. 2. Within five business days of the Department Head's receipt of the employee's request for review, the Department Head shall provide a written response to the employee on the form provided. 3. All decisions of the Department Head pursuant to this policy are final and not appealable within any Town process. {00014173.DOC /}5 - 36 Council Meeting -April 21, 2009 -Page 42 of 94 r_-'~' It~ARANA ~:;/ 1 ~. TOWN OP MARANA Chapter 5 WORK RULES Section 5-8-6 General Rules A. In the absence of good cause, the employee's failure to timely pursue any step in the review process shall result in the termination of the review process and the employment action shall stand. B. If a supervisor or manager does not respond to the employee within the time allotted by this policy, the employee may proceed to the next step in the process. C. No discipline, retaliation, or threats of retaliation shall be taken against any employee as a result of the employee's participation in this review process. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. D. Disciplinary actions subject to informal personnel action review may be resolved or settled at any step in the process. The request for informal personnel action review shall. be processed until either the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. E. Upon reversal of the decision at any step in the informal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred, from the effective date of the disciplinary action pursuant to the provisions of this policy. F. The employee may have anon-attorney co-worker of the employee's choosing as a representative at any step in the review process. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during any step in the review process to consult with the co-worker or others who are immediately available, telephonically or otherwise. {00014173.DOC /}5 - 37 Council Meeting -April 21, 2009 -Page 43 of 94 NfARANA ~`~~ / ! .4 TO~'JN Oi TdARANA Chapter 5 WORK RULES Policy 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Section 5-7-1 Composition and Officers A. The Town of Marana Personnel Action Review Board (PARB) shall be composed of three primary members and three alternate members, all of whom shall be residents of the Town of Marana. B. At its first regular meeting, and each year thereafter, the PARB shall select a Chairperson and Vice-Chairperson from its primary members. Section 5-7-2 Appointment of PARB Members A. Primary and alternate PARB members shall be appointed by the Town Council pursuant to Town Council policies and procedures. B. Preference shall be given to applicants who have human resources and/or personnel management experience. C. PARB members shall not be members of any other Town boards, commissions or committees. Section 5-7-3 PARB Member Orientation Upon the election and/or appointment of any new PARB member(s), the Human Resources Director shall schedule and conduct an orientation session. The purpose of the orientation session shall be to familiarize the PARB members with these Personnel Policies and Procedures and with their roles and responsibilities as PARB members. Section 5-7-4 PARB Member Terms A. Two primary and two alternate PARB members shall serve terms of three years. One primary member and one alternate member shall serve terms of two years. The Town Council shall designate the term of each member when appointment is made. B. No primary or alternate PARB member shall serve on the PARB for more than six years. Section 5-7-5 Removal of PARB Member for Cause Notwithstanding the PARB member terms set forth in this policy, the Town- Council, by a majority vote of its members constituting a quorum, may remove any PARB member for cause. The Human Resources Director shall be responsible for bringing any for cause removal of a PARB member to the Town Council for its consideration. {00014175.DOC /} Council Meeting -April 21, 2009 -Page 44 of 94 '~,~, ~ Chapter 5 !~~, MARANA WORK RULES %I`~, TOWM OF MARANA Section 5-7-6 Replacement of PARB Members If it becomes necessary to permanently replace a primary or alternate PARB member at any time due to voluntary resignation or removal for cause, the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy. Section 5-7-7 Appeal Hearings A. A primary PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: 1. The PARB member is a witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee,. the appealing employee's supervisor, the appealing employee's Department Head, either party's representative or any person listed as a witness by either party. B. The Human Resources Director shall, in conjunction with the PARB Chairperson; make a determination as to whether a PARB member shall be disqualified for a specific appeal hearing. C. A PARB member may request to be excused from serving on the PARB for a specific appeal hearing due to extenuating personal circumstances or unavailability. The PARB member shall submit such a request to the Human Resources Director who shall, in conjunction with the PARB Chairperson, make a determination as to whether the PARB member shall be excused for the appeal hearing in question. D. If a PARB member is disqualified or excused .from an appeal hearing, that disqualification or excuse shall only apply to the specific appeal hearing in question. E. If a PARB member is disqualified or excused from an appeal hearing, an alternate PARB member shall serve for that appeal hearing. F. Alternate PARB members shall be subject to disqualification in the same manner as primary PARB members as described in this policy. Alternate PARB members may also request to be excused from serving in the same manner as primary PARB members as described in this policy. If more than one alternate PARB member is eligible to serve on a specific appeal hearing, the alternate PARB member who will serve for the appeal hearing shall be selected at random in a process prescribed by the Human. Resources Director. G. The three PARB members designated to serve fora specific appeal. hearing shall serve for that entire appeal hearing. {oootat~s.DOc Council Meeting -April 21, 2009 -Page 45 of 94 ,^ Chapter 5 ~`- ~=--, MA~ANA WORK RULES ~~~ T01YN OF MARANR Section 5-7-7 Special Appointment of PARB Members If at any time there is an insufficient number of eligible PARB members to conduct an appeal hearing, the Town Council may appoint pro-tem members as needed to ensure appropriate representation on the PARB as described in this policy. Section 5-7-8 Voluntary Capacity All PARB Members serve in a voluntary capacity. PARB Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-9 Meetings of the PARB A. The PARB may hold regular meetings at its discretion, but shall meet at least once annually at such time and place within the Town as is designated by the PARB Chairperson in conjunction with the Human Resources Director. B. The PARB may hold special meetings upon the call of the Chairperson or a majority of the members of the PARB. C. The Human Resources Director shall act as secretary to the PARB, shall. keep its minutes and records of its work and shall assist the PARB in scheduling meetings and hearings. The Human Resources Director shall provide staff as needed to assist the PARB with any administrative tasks and to carry out its meeting functions. D. A majority of the primary members of the PARB shall constitute a quorum for the transaction of business. Any decision of the PARB shall require the majority vote of the members constituting a quorum of the PARB. E. Meetings, including appeal hearings, shall be properly noticed and conducted in accordance with Arizona's open meeting laws, A.R.S. § 38-431 et seq., and such operational rules and procedures as shall be adopted by the PARB. F. Meetings, including appeal hearings, shall be recorded and accurate minutes, prepared to comply with the requirements of the open meeting law, shall be approved by the PARB and forwarded to the Town Clerk. Minutes of executive sessions shall be maintained confidentially and shall be disclosed only in compliance with the open meeting law. G. The PARB may be assisted by the PARB attorney at any meeting of the PARE. Reg {00014175.DOC /} filar Council Meeting -April 21, 2009 -Page 46 of 94 ~~`~ ~~~ ~~~~ `~~ .~. ~ ~..~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri121, 2009, 7:00:00 PM To: Mayor and. Council Item C 1 From: Dorothy O'Brien ,Assistant Utilities Director Strategic Plan Focus Area: Commerce Strategic Plan Focus Area -Additional Information: This IGA provides a method for the Utilities Department to continue to provide billing and payment services to Pima County Water Reclamation Facilities for a fee per service connection. Subject: Resolution No._2009-46: Relating to Water Service; approving and authorizing the execution of an Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data Discussion: Water and wastewater services are invoiced based upon water usage. Water is invoiced monthly for water consumed the previous month. Wastewater is billed monthly based on the average water consumed in the months of December through February. This three-month time frame is used due to the lower volume of outside usage and lower temperatures. Monthly the billing software evaluates the lower usage of either the December-February average or current water usage and bills based upon this value. Accurate water meters and efficient billing software are core functions when operating a water utility. Pima County relies on an Intergovernmental Agreement (IGA) with theTown of Marana to bill and receive payment for wastewater services rendered. Routinely, the contract needs to be updated. Pima County has proposed an Intergovernmental Agreement which increases the fee paid per customer per month from $0.72 to $0.84 per customer per month, with a maximum payment of $45,000 annually. This upper limit is amendable per the contract. The proposed IGA recognizes the current litigation between Marana and Pima County and provides for the ability to terminate or modify the contract in a manner consistent with the litigation. Financial Impact: This increases the fees the Town currently receives by 14 percent for processing monthly payments for Pima County. ATTACHMENTS: N ~~t~~:: 17~;~criptican: "l'~ pe: Resolution ^ Pima_County_ww_pracessng_fee_contraot,doc Rena approving PC sewer bluing IGA Regular Council Meeting -April 21, 2009 -Page 47 of 94 ~ Pima County _ Town of Marana Water Contras Revised 4-6-09.doc Exh A tt~ ~?est~: Sever billing IGA Exhibit Staff Recommendation: The Utilities Department recommends the Town of Marana enter into an IGA with Pima County to provide water consumptive data and process wastewater invoices and payments. Commission Recommendation - if applicable: The Utilities Commission discussed this item and recommends the Town of Marana enter into an IGA with Pima County to provide water consumptive data and process wastewater invoices and payments. Suggested Motion: I move to approve Resolution 2009-46, approving and authorizing the execution of an Intergovernmental Agreement between the Town of Marana and Pima County for billing of sewer user accounts and provision of water consumption data. Regular Council Meeting -April 21, 2009 -Page 48 of 94 MARANA RESOLUTION N0.2009-46 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY FOR BILLING OF SEWER USER ACCOUNTS AND PROVISION OF WATER CONSUMPTION DATA WHEREAS, Pima County ("County") is empowered by A.R.S. § 11-264 to operate and maintain a public sanitary sewerage system and is the designated public sewer system provider for the residents of Pima County; and WHEREAS, the Town of Marana ("Marana") is a public water provider for residents of a portion of Pima County; and WHEREAS, the Town and the County wish to accommodate the shared customers of both entities by billing sewer user fees based on the Town's customer water use data; and WHEREAS, it is necessary for the County to acquire water use data from the Town in order to calculate the statutory authorized billing of sewer user fees to county residents; and WHEREAS, the County wishes to enter into an intergovernmental agreement with the Town to receive and utilize the Town's customer water use data for the purpose of calculating, billing and collecting sewer user fees from the Town's customers; and WHEREAS, the Town is willing to provide its customer water use data to the County-and wishes to enter into an intergovernmental agreement with the County for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A for the purpose of exchanging water use and sewer data is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. Regul~racf~i~'ft~s~ug~~~gLb~~~21, 2009 -Page 49 of 94 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 day of April, 2009. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~dBid~o9~AG21, 2009 -Page 50 of 94 -2- Intergovernmental Agreement between Pima County and Town of Marana for Provision of Water Consumption Data This Intergovernmental Agreement (IGA) is entered into by and between Pima County, a body politic and corporate of the State of Arizona ("County") and the Town of Marana (Town) pursuant to A.R.S. § I1-952. Recitals A. County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. B. County and Town desire to exchange proprietary water use information for the purpose of calculating billings to sewer users. NOW, THEREFORE, County and Town, pursuant to the above, and in consideration of the matters and things hereinafter set forth, do mutually agree as follows: Agreement 1. Purpose. The purpose of this IGA is to exchange water use data for the purpose of calculating, billing and collecting sewer user fees from the Town's customers. 2. Scope of Services. See attached Exhibit A (Two (2) pages). 3. Financing. For the services described in Item 2 above, the County agrees to pay and the Town agrees to offset against amounts owed the County, a monthly administrative and billing fee of $0.84 per account per month. Such fees will reimburse the Town for the cost of billing and collection services each year. Total payment for this contract shall not exceed $45,000.00 annually. If this contract were to exceed $45,000.00 annually, County and Town agree to meet to discuss increasing funding to allow payment for the continued provision of services provided, however, the terms of this IGA may only be amended pursuant to Article 23, below. The Town shall provide detailed documentation in support of requested payment. Payment requests shall assign all costs to items identified by this Article. It is the intention of both parties that pricing shall remain firm during the term of the contract. Price increases shall only be considered in conjunction with a renewal of the Contract. In the event that economic conditions are such that unit price increases are desired by the Town upon renewal of the Contract, the Town shall submit a written request to the County with supporting documents justifying such increases at least 90 days prior to Regular Council Meeting - Apri121, 2009 -Page 51 of 94 the termination date of the Contract. It is agreed that the Unit Prices shall include compensation for the Town to implement and actively conduct cost and price control activities. The County will review the proposed pricing and determine if it is in the best interest of the County to renew or extend the Contract as provided for in Article I of this Contract. 4. Term. This Agreement shall commence on May 19, 2009 and shall terminate on May 18, 2010, unless sooner terminated or further extended pursuant to the provisions of this Agreement. The parties may renew this Agreement for up to four (4) additional one-year periods or any portion thereof. Any modification or extension of the Agreement termination date shall be by formal written amendment executed by the parties hereto. Amendments to the Agreement must be approved by the Board of Supervisors before any work or deliveries under the Amendment commences. 5. Disposal of Property. Upon the termination of this IGA, all property. involved shall revert back to the owner. Termination shall not relieve any party from liabilities or costs already incurred under this IGA, nor affect any ownership of property pursuant to this IGA. 6. Indemnification. Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as Indemnitee) from and against any and all claims, losses, liability, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 7. Insurance. Each party shall obtain and maintain at its own expense, during the entire term of this Contract the following type(s) and amounts of insurance: a) If required by law, workers' compensation coverage including employees' liability coverage. Parties to this agreement shall provide thirty (30) days written notice to all parties to this IGA of cancellation, non-renewal or material change of coverage. 8. Compliance with Laws. The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance ofthis IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. 9. Non-Discrimination. The parties shall not discriminate against any County employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex, disability or national origin in the course of carrying out their duties pursuant to this IGA. 2 Regular Council Meeting -April 21, 2009 -Page 52 of 94 The parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference, as if set forth in full herein. 10. ADA. The parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 11. Severability. If any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. 12. Termination/Cancellation. This Agreement may be terminated by either the County or the Town with written one hundred-twenty (120) day notice. 13. Conflict of Interest. This contract is subject to cancellation for conflict of interest pursuant to A.R.S. § 38-511, the pertinent provisions of which are incorporated herein by reference. 14. Non-Appropriation. Not withstanding any other provision in this IGA, this IGA may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, the County shall have no further obligation to the Town other than for payment for services rendered prior to cancellation. 15. Legal Authority. Neither party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. 16. Worl~er's Compensation. Each party shall comply with the notice of A.R.S. § 23-1022 (E). For purposes of A.R.S. § 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees. 17. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer-employee relationship between County and any Town employees, or between Town and any County employees. Neither party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other parry's obligation to withhold Social Security and income taxes for itself or any of its employees. 18. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or affect the legal Regular Council Meeting -April 21, 2009 -Page 53 of 94 liability of either party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. 19. Notice. Any notice required or permitted to be given under this IGA shall be in writing and shall be served by delivery or by certified mail upon the other party as follows (or at such other address as may be identified by a party in writing to the other party): COUNTY: Michael Gritzuk, Director Regional Wastewater Reclamation Department 201 N Stone, 8t" Floor Tucson, AZ 85701 Ph 520-740-6525 Fx 520-740-6384 With copies to: County Administrator 130 West Congress Street, 10`" Floor Tucson, Arizona 85701 Clerk of the Board 130 West Congress, St" Floor Tucson, Arizona 85701 TOWN: Gilbert Davidson, Town Manager Town of Marana 11555 W. Civic Center Drive. Marana, AZ 85653 Ph 520-382-1900 Fx 520-382-1901 Town Attorney Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 20. Legal Arizona Workers Act Compliance. Town hereby warrants that it will at all times during the term of this Contract comply with all federal immigration laws applicable to Town's employment of its employees, and with the requirements of A.R.S. § 23-214 (A) (together the "State and Federal Immigration Laws"). Town shall further ensure that each Subcontractor who performs any work for Town under this contract likewise complies with the State and Federal Immigration Laws. County shall have the right at any time to inspect the books and records of Town and any Subcontractor in order to verify such party's compliance with the State and Federal Immigration Laws. Any breach of Town's or any Subcontractor's warranty of compliance with the State and Federal Immigration Laws, or of any other provision of this section, shall be deemed to be a material breach ofthis Contract subjecting Town to penalties up to and including suspension or termination of this Contract. If the breach is by a Subcontractor, and the subcontract is suspended or terminated as a result, Town shall be required to take such steps as may be necessary to either self-perform the services that would have been provided under the subcontract or retain a replacement subcontractor, (subject to County approval if MWBE preferences apply) as soon as possible so as not to delay project completion. 4 Regular Council Meeting -April 21, 2009 -Page 54 of 94 Town shall advise each Subcontractor of County's rights, and the Subcontractor's obligations, under this Article by including a provision in each subcontract substantially in the following form: "Subcontractor hereby warrants that it will at all times during the term ofthis contract comply with all federal immigration laws applicable to Subcontractor's employees, and with the requirements of A.R.S. § 23-214 (A). Subcontractor further agrees that County may inspect the Subcontractor's books and records to insure that Subcontractor is in compliance with these requirements. Any breach ofthis paragraph by Subcontractor will be deemed to be a material breach ofthis contract subjecting Subcontractor topenalties up to and including suspension or termination ofthis contract." 21. Scrutinized Business Operations. Pursuant to A.R.S. § 35-397, Town hereby certifies that it does not have scrutinized business operations in Iran or Sudan. The submission of a false certification by contractor may result in action up to and including termination of this contract. 22. Pending Wastewater Litigation. A lawsuit concerning the ownership and operation of wastewater facilities is currently pending between the Town of Marana and Pima County as of the date this Agreement is being executed by the Parties. If the result of the lawsuit justifies such action, this Agreement, and the rights and obligations of the Parties under it, shall be terminated or modified in a manner consistent with the final outcome of the lawsuit. Nothing about this Agreement shall be interpreted as an assertion of rights or an admission by or against either of the Parties with respect to the claims in the litigation. 23. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder, or Arizona Secretary of State, whichever is appropriate. (The remainder ofthis page is intentionally left blank) Regular Council Meeting -April 21, 2009 -Page 55 of 94 In Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chairman of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor, Town of Marana upon resolution of the Mayor and attested to by the Town Clerk. PIMA COUNTY: Chair, Board of Supervisors ATTEST: Clerk of the Board Date: APPROVAL: TOWN OF MARANA: Mayor, Town of Marana ATTEST: Town Clerk Date: The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed by the undersigned, and is hereby approved as to content. Michael Gritzuk, P.E., Director Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 1 I-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: Deputy County Attorney TOWN OF MARANA: Town Attorney 6 Regular Council Meeting -April 21, 2009 -Page 56 of 94 Exhibit A: Scope of Services (Two Pages) The Town shall provide the following sewer billing and- collection services for the County: A. Provide water consumption data for each water and sewer account and provide monthly billings and collection of these accounts monthly. B. Update all water and sewer accounts (turn-on and turn-off) to maintain an accurate active customer file. C. Bill and disconnect delinquent sewer accounts in same manner the Town uses to bill and disconnect delinquent water accounts and transmit to the County for collecting those delinquent sewer accounts that cannot be collected through the water billing system. D. Process sewer user fee adjustments transmitted. by the County and adjust sewer user fees in accordance with adjustment policies authorized by the County. E. Maintain an accurate, computerized sewer billing and accounts receivable. F. Provide the County with read-only access to the computerized customer billing system maintained by the Town. G. Provide the County with. winter (December, January and February) water use data for those sewer users on the Town water system. H. Provide the County with all necessary and agreed upon computer-oriented reports required to effectively manage the revenues and customer accounts of the sewer utility. I. Provide the County with the ability to insert sewer utility-related information into the monthly customer billings. J. Upon receipt of sewer user fee payments, the Town shall deposit the funds with the County Treasurer as per the agreed upon schedule. K. At the County's option, the Town shall provide a register showing active account status of each account on a monthly basis and will provide a final delinquent account register of all accounts considered as the inactive final billing register. L. At the request of the County, the Town shall provide to the County all data related to the billing and collection of sewer user fees within the Town, at no cost to the County. M. The Town shall provide a Project Manager for this Agreement who shall serve as liaison with the County on all issues relating to this Agreement. N. The Town shall provide the County with the opportunity to provide input to any billing system changes prior to implementation. Regular Council Meeting -April 21, 2009 -Page 57 of 94 Exhibit A: Scope of Services (Page Two) O. The Town shall cooperate with the County to develop procedures and reporting modifications to satisfy deficiencies identified in yearly audits. P. To the extent possible, the Town shall provide additional computer services in the form of special computer programs or printouts to the County at no cost. Q. The Town shall maintain books, records, documents and other evidence directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The Town shall also maintain the financial information and data used by the Town in the preparation or support of the cost submission and a copy of the cost summary submitted to the County. The County shall have access to such books, records, documents and other evidence for inspection, audit and copying. The Town shall provide proper facilities for such access and inspection. R. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). S. The Town agrees to the disclosure of all information and reports resulting from access to records, as described in Item Q, to the County designated auditor, provided that the Town is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments of reasonable length, if any, of the Town. T. At the request of the County and with the concurrence of the Town, the Town may provide billing and collection services for sewer accounts receiving water from private water companies: 1. If the Town agrees to provide billing and collection services for these accounts, the County shall pay fees as described in Article 3. -Financing. The County shall provide the following services for the Town: A. Adjust the Town sewer user fee accounts as required. B. Answer sewer user complaints from the Town customers. C. Accept responsibility to collect all delinquent sewer accounts served by the Town a$er they have been written off to bad debt expense by the Town. D. Inspect and identify any computer errors and notify the Town of any necessary changes. E. The County and Town will review and adjust the monthly administrative billing fee on an annual basis, provided the fees are appropriate. F. The County and the Town agree to provide security measures for all hardware and so$ware to assure confidentiality of all data. Each entity is to provide security for its own facility and information. 8 Regular Council Meeting -April 21, 2009 -Page 58 of 94 ~,.,,~ AA ,,~,~ m...~._ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri121, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Commerce Item C 2 Subject: Resolution No. 2009-4.7 Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Person Transfer of a No. 6 (Bar) liquor license submitted by Phillip H. Satterfield on behalf of the Gallery Golf Club located at 14000 N. Dove Mountain Blvd Discussion: Phillip H. Satterfield, on behalf of the Gallery Golf Club is applying for a Person Transfer of a No. 6 -(Bar) liquor license for premises located at 1400 N. Dove Mountain Blvd. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S.§§§ 4-201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -April 21, 2009 -Page 59 of 94 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Nata~e: .)~;scriptiot~: `l`ypc: ~ Approval_Resa Gallery Golf Club-Bar.dac Approval Resalu#ian Resa6u#iaE~ ^ Disapproval Reso_Gallery Golf Club-Bar.doe C}isappravai Resolution Resolution Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2009-47, recommending the approval of a Person Transfer of a No. 6 (Bar) liquor license submitted by Phillip H. Satterfield on behalf of the Gallery Golf Club located at 14000 N. Dove Mountain Blvd. Regular Council Meeting -April 21, 2009 -Page 60 of 94 MARANA RESOLUTION N0.2009-47 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A PERSON TRANSFER OF A NO. 6 (BAR) LIQUOR LICENSE SUBMITTED BY PHILLIP H. SATTERFIELD ON BEHALF OF THE GALLERY GOLF CLUB, LOCATED AT 14000 N. DOVE MOUNTAIN BOULEVARD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Phillip H. Satterfield has applied for a person transfer of a No. 6 (Bar) liquor license on behalf of the Gallery Golf Club, for premises located at 14000 N. Dove Mountain Boulevard; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 14000 N. Dove Mountain. Boulevard for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on April 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a person transfer of a No. 6 (Bar) liquor license on behalf of Gallery Golf Club, filed by Phillip H. Satterfield for premises located at 14000 N. Dove Mountain Boulevard be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a person transfer of a No. 6 (Bar) liquor license on behalf of Gallery Golf Club, filed by Phillip H. Satterfield for premises located at 14000 N. Dove Mountain Boulevard be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 21, 2009 -Page 61 of 94 MARANA RESOLUTION N0.2009-47 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A PERSON TRANSFER OF A NO. 6 (BAR) LIQUOR LICENSE SUBMITTED BY PHILLIP H. SATTERFIELD ON BEHALF OF THE GALLERY GOLF CLUB, LOCATED AT 14000 N. DOVE MOUNTAIN BOULEVARD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Phillip H. Satterfield has applied for a person transfer of a No. 6 (Bar) liquor license on behalf of the Gallery Golf Club, for premises located at 14000 N. Dove Mountain Boulevard; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 14000 N. Dove Mountain Boulevard for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on Apri121, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a person transfer of a No. 6 (Bar) liquor license on behalf of Gallery Golf Club, filed by Phillip H. Satterfield for premises located at 14000 N. Dove Mountain Boulevard be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends that the application for a person transfer of a No. 6 (Bar) liquor license on behalf of Gallery Golf Club, filed by Phillip H. Satterfield for premises located at 14000 N. Dove Mountain Boulevard be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 21, 2009 -Page 62 of 94 ~"~'"t'~ ~~~ ~~~~~~ z~ ~ ,~~.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 21, 2009, 7:00:00 PM Commerce Subject: Resolution No. 200_9_-48_Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Nicholas C. Guttilla on behalf of Wingstop located at 3662 W. Ina Road, Suite 110 Discussion: Nicholas C. Guttilla, on behalf of Wingstop is applying for a new No. 12 (Restaurant) liquor license for premises located at 3662 W. Ina Road, Suite 110. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. §§§ 4-201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting - Apri121, 2009 -Page 63 of 94 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: N~~~e: I)escritiu~~: `l'ype: O Appraval_Reso Wngstop._doc ~apprauai Resoi~~tion Resoiutican O Dsapprava.I.F2eso LNngstop.doc C3isapprovai Resc~iuti~an ftesaiutic~r~ Staff Recommendation: Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: I move to approve Resolution No. 2009-48, recommending the approval of a new No. 12 (Restaurant) liquor license submitted by Nicholas C. Guttilla on behalf of Wingstop located at 3662 W. Ina Road, Suite 110. Regular Council Meeting -April 21, 2009 -Page 64 of 94 MARANA RESOLUTION N0.2009-48 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. I2 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY NICHOLAS C. GUTTILLA ON BEHALF OF WINGSTOP, LOCATED AT 3662 W. INA ROAD, SUITE 110 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Nichols C. Guttilla has applied for a new No. 12 (Restaurant) liquor license on behalf of Wingstop, for premises located at 3662 W. Ina Road, suite 110; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 3662 W. Ina Road, suite 110 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on Apri121, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license on behalf of Wingstop, filed by Nicholas C. Guttilla for premises located at 3662 W. Ina Road, suite 110 be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license on behalf of Wingstop, filed by Nicholas C. Guttilla for premises located at 3662 W. Ina Road, suite 110 be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21S` day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 21, 2009 -Page 65 of 94 MARANA RESOLUTION N0.2009-48 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY NICHOLAS C. GUTTILLA ON BEHALF OF WINGSTOP, LOCATED AT 3662 W. INA ROAD, SUITE 110 WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Nicholas C. Guttilla has applied for a new No. 12 (Restaurant) liquor license on behalf of Wingstop, for premises located at 3662 W. Ina Road, suite 110; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 3662 W. Ina Road, suite 110 for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on Apri121, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license on behalf of Wingstop, filed by Nicholas C. Guttilla for premises located at 3662 W. Ina Road, suite 110 be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license on behalf of Wingstop, filed by Nicholas C. Guttilla for premises located at 3662 W. Ina Road, suite 110 be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 21, 2009 -Page 66 of 94 I~~AI~~ ~,w w~ REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, April 7, 2009, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, CouncilMember Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member REGULAR MEETING CALL TO ORDER AND ROLL CALL All Council Members were present. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA Motion by Council Member McGorray as amended but removing item A3. Council Member Ziegler asked why A3 was being removed. Mayor Honea stated that the item was removed at the direction of Brad DeSpain and Dorothy O'Brien. Second by Vice Mayor Kai. Approved unanimously.. CALL TO THE PUBLIC Ora Mae Harn noted that her goal is to make sure everybody knows what a wonderful history we have and that each and every resident of our community will proudly say "I'm from Marana." She also noted that the display is open tonight for viewing the Marana Heritage Showroom which documents the history of our community. David Morales discussed the philosophy he is studying which allows a person to choose to see a glass half full or half empty. He noted that it would be good to follow the pledge with invocation especially in these trying times of uncertainty. He also stated that he told Council that they should reflect on what they are doing -- that it is not important where you stand on an issue, only that you reflect daily on why you believe it is important where you stand on the issue facing the town. This Council now has the time due to the economic downturn to plan to have a good town or a great, dynamic thriving city. Regular Council Meeting - ApriF 21, 2009 -Page 67 of 94 Sharyl Cummings, 3000 W. Jojoba Hills Drive addressed Council regarding the proposed abandonment of the Thornydale expansion and public easement which extends into the Tortolita Mountains. She noted that on February 3, 2009 this issue was brought to the Council for a vote and then tabled for further study. There were several concerns presented at that meeting and the following meeting on February the 10~'. She addressed those concerns with affidavits presented to the Town Clerk and a list of people who signed the affidavits and presented to each Council Member. She held up a map noting that the overhead projector's not working this evening as you are conserving energy. Council Member Ziegler asked for clarification on the statement she made about conserving energy by not being able to use the overhead projector. Ms. Cummings stated that Ms. Bronson had asked her if she wanted the equipment turned on or if she could just told up her exhibit. Council Member Ziegler directed her comment to Ms. Bronson. Ms. Bronson responded. Council Member Ziegler asked that the equipment be turned on for all future meetings. Cleveland Cawthon, 610 N. Highland Avenue, representing the Arizona. Students' Association at the University of Arizona. The association. is a student run organization that advocates on behalf of the students. Statewide, they directly represent 120,000 students within the university system. In the community we are beginning to form a new group called the Arizona Voters for Higher Education and we they are trying to gather community members, community leaders, businesses, etc., into this group and we're trying to gather a collective of ideas as to how to fix the situation and to also educate them on the issues in Arizona. Council Member Ziegler noted that they might want to attend a meeting at MOC on Ina at 8:00 a.m. on Wednesday, April 8 with MUSD. Daniel Hernandez, 610 N. Highland Avenue, also representing the Arizona Students' Association at U of A. He presented some more information on the coalition and noted that they will be in Marana. and in Oro Valley starting next week because they want to engage the members of the community as much as possible. They are going to be trying to set up meetings with individual Council Members and meeting with community and business leaders as much as possible to bring people to the table. He noted that their contact information is included on the brochures but for the people in the audience our website i> azstudents.o~. They will be around to speak to anyone about getting more involved or questions on higher education, feel free to contact them. PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray reported on a grant given to the Dove Mountain Rotary from Rotary International for $2,500 which helped to purchase trees for the Heritage Farm Food Bank. Fifty people, including Rotary members, citizens and the University Rotary planted trees that will produce fruit to distribute to the Marana Food Bank as well as residents who can purchase fruit for cash. Regular Council Meeting -April 21, 2009 -Page 68 of 94 Mayor Honea noted that Rep. Vic Williams had invited him and others to a meeting on the status of the state budget. The Northwest YMCA will have a meeting on April 10 with all of the legislators from District 25 and 26 to discuss budget. The public is welcome. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report is included as part of the record in the packet. He also referenced the dedication of the Silverbell Road extension and the groundbreaking for the Silverbell-Cortaro District Park last week. Deb Thalsitis reported that the Marana Parks & Recreation department will host the Hip Hop Holiday at Continental Ranch. The schedule is on the website under the Parks & Recreation page. Mayor Honea then noted that final approval came from FEMA who signed off on Marana's maps. Mayor Honea identified the many people who had helped achieve this status for the town. TOWN REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion by Council Member Post, second by Council Member Comerford. Passed unanimously. C 1: Resolution No. 2009-36: Relating to Development; approving a release. of assurances for San Lucas Block 2 and acceptance of public improvements for maintenance C 2: Resolution No. 2009-37: Relating to Development; ratifying design approval for the development known as Continental Crossing Marketplace C 3 : Resolution. No. 2009-3 8: Relating to Infrastructure; approving acceptance of public improvements for maintenance of 6941inear feet of median turn and appurtenances, located at 8579 N. Silverbell Road C 4: Resolution No. 2009-39: Relating to Development; approving and authorizing a final plat for Canyon Community Bank and the Retail Shoppes C 5: Resolution No. 2009-40: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Donald T. Klump on behalf of Grtxmpy's Jr. Grill located at 8235 N. Silverbell Road, Suite 105 Regular Council Meeting -April 21, 2009 -Page 69 of 94 C 6: Resolution No. 2009-41: Relating to Personnel; approving and authorizing an amendment to the Town's classified salary schedule, amending the Fair Labor Standards Act (FLSA) status of the Parks Supervisor classification; and declaring an emergency C 7: Resolution No. 2009-42: Relating to Personnel; approving and authorizing a salary schedule for short-term temporary employee classifications for FY 2008-2009; and declaring an emergency ` C 8: Resolution No. 2009-43: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Memorandum of Understanding between the Marana Police Department and the Pinal County Sheriffs Office regarding the sale of horses and equipment; and declaring an emergency C 9: Minutes of the March 17, 2009 regular council meeting and the March 24, 2009 special council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2008.26: Relating to Development; approving and authorizing a rezoning for Marana Mercantile. The Mayor opened the item for Public Hearing Mr. Kish presented the item as noted that the applicant had rcdursted that this item be continued to the May 5 meeting. Staff recommended moving to that date and continue the public hearing.. Council Member Post asked why this was continued for so many times. Mr. Kish responded that this was the third time the applicant has requested a continuance. They are looking at the off-site improvement requirements to see how they can make the project move forward. Motion by Council Member McGorray, second by Vice Mayor Kai. Passed unanimously. A 2: Resolution No. 2009-44: Relating to Technology Services; approving and authorizing the Mayor to execute a lease agreement with Simply Bits LLC to continue using Town of Marana connnunication towers for wide area network services; approving and authorizing the Marana Technology Services Director to execute a memorandum of understanding with Simply Bits LLC to extend existing Internet and technology services agreements until a new procurement process for these services has been completed; and establishing an effective date Presented by Gary Hudman. Council Member Ziegler thanked Gary for his work on this project. Motion by Council Member Ziegler, second by Council Member McGorray. Passed unanimously. A 3: Resolution No. 2009-45: Relating to Administration; modifying the emergency procurement authorized by Marana Resolution No. 2009-09 for materials and services necessary to encase and replace the Marana Utilities Department waterline within and in the vicinity of the Union Pacific Railroad right-of--way southwest of the 13900 block of Regular Council Meeting -April 21, 2009 -Page 70 of 94 Adonis Road; authorizing the Procurement Director to determine the appropriate procedures; increasing the budgetary limitation for this emergency procurement; and declaring an emergency Item removed with motion to approve tonight's agenda. BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Annual presentation to Mayor and Council on the activities of the Business and Economic Development Advisory Commission Presented by Kelle Maslyn, chair of the Business and Economic Development Advisory Commission. She referenced a summary in the Council packets of what the Commission had been doing over the past year including TREO and the sign code. "She noted that they would focus on two areas -the town's economic road map to attract higher wage jobs to the community and the second -the shop Marana campaign. Council Member Ziegler asked about the TREO contract and when it would come before Council. Ms. Maslyn responded that the commission had reviewed it prior to the Council seeing it, and that the reference to TREO in her report is a report of activities over the past year and. not necessarily current. Mr. Davidson noted at this time there isn't any ongoing conversation about a new contract with TREO; however, TREO has been invited through' the CAC Commission and the Steering Committee for the economic roadmap to be a part of that process, and they've agreed to do that and do so at their cost. Council Member Ziegler asked if funding TREO would be in budget talks. Mr. Davidson said that it's not listed in the budget process for 2009-1010. No funds have been identified for that. Council Member Ziegler thanked Ms. Maslyn. Council Member Post asked what the Commission is doing about the sign ordinance for businesses. Ms. Maslyn stated that the commission had started to review the sign code ordinance. They have created a brochure for business owners to understand what the sign code is. Kevin Kish and his group are going to be reviewing what the actual code is and bringing the commission up to date on some of the suggested changes to it. Council Member Post asked if the process could be moved along more quickly. B 2: Relating to the Police Citizen Advisory Commission; Ist quarter report Council Member Clanagan reported on the regularly scheduled meetings and the report for review. He moved to approve the report; however, Mayor Honea noted that the report does not need to be approved. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative Issues: Discussion/Direction/Action regarding. all pending bills before the Legislature Steve Huffman remarked that there is significant progress working with Congresswoman Gifford's office. Staff has submitted some requests for next. year's budget for federal funding on projects, specifically federal money for Tangerine interchange, some money for the Honea Heights development, the airport and Barnett Channel. We still have a long ways to go but we're clearly making progress and it would be great to have federal partnership on some of those projects. Regular Council Meeting -April 21, 2009 -Page 71 of 94 In terms of the budget, the good news for the town this year is that it looks like the Legislature has run out of time to cut revenue sharing in the `09 budget year. We were looking at $100,000 coming from this year's budget. That looks like it's not going to happen now. They still have about a half million dollar hole in the `09 budget, but it looks like they're just going to fill up with federal stimulus money but that leaves us now looking toward the 2010 budget which is a huge problem. The Legislature's put out a preliminary budget utilizing all the stimulus money that they have including fund sweeps they have left, and they're still looking at what looks to be at least a half million dollar hole and it continues to get worse almost every week, so we will be actively watching that. As part of that, though, the budget is obviously important for us, but we're starting to see more and more policy issues. One thing I want to make you aware of i a proposal from the home builders in Central Arizona as it will affect every city and town in the state. The proposal is for an absolute moratorium on impact fees for the next two or three years which they are presenting to the Legislature as an economic stimulus package. They could build more houses and get our economy going if they don't have to pay impact fees. The good news is that we won't be getting hit with any end of the year budget cuts. EXECUTIVE SESSIONS Motion by Council Member Clanagan, second by Council Member McGorray. Passed unanimously. E 1: Executive Session pursuant to A.R.S. §38-431..03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources Motion to have staff proceed as discussed in executive session by Council Member Comerford, second by Council Member Clanagan. Passed S-0, Vice Mayor Kai and Council Member Post were excused from this portion of the executive session due to a conflict of interest. E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending. legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana Regular Council Meeting -April 21, 2009 -Page 72 of 94 E 4: Executive Session pursuant to A.R.S. X38-431.03 (A)(1) and (3) for discussion and consideration of the procedure for conducting Town Manager Gilbert Davidson's upcoming annual performance evaluation and for discussion and consultation for legal advice with the Town's attorneys regarding the procedure No action required. FUTURE AGENDA ITEMS ADJOURNMENT Motion by Council Member Clanagan, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on Apri17, 2009. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -April 21, 2009 -Page 73 of g4 ~~~~~ ~~~~~~ `~.ti'~ ~~..,. ~ ~.~k,~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri121, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No: 2009-51-Relating to Community Development; granting $5,000 in Discretionary Funding to Arizona Youth Partnership, an Arizona 501 (c)(3) non-profit organization to support Marana High School's Grad Night, an event offering positive activities for Marana youth and families Discussion: Arizona Youth Partnership (AZYP) is a 501 (c)(3) non-profit organization based in Tucson, Arizona providing prevention programming and services to rural communities in the state. Since 1990, AZYP has made great strides in reaching Arizona's children, youth, and families in 29 rural communities in 9 counties. Their primary mission is to create safe, drug-free communities and healthy environments for children, youth, and families in rural communities and Native American Reservations in Arizona. Last year, AZYP served 28,926 youth and families. AZYP will be partnering with the Marana Unified School District, Picture Rocks Fire Department, and the newly formed Marana High School Parent Teach Organization (MPTO) to sponsor alock-in event directly following the schools graduation ceremony on May 20, 2009. The Grad Night 2009 event will take place at Marana High School between the hours of 10:00 p.m. and 5:00 a.m. offering games, food, entertainment, dancing, and fabulous door prizes as an alternative safe activity for graduates. The MPTO and Mothers Against Drunk Drivers (MADD) have been working to get sponsorships from the community. Jim Click Automotive has donated a car as a door prize. In addition, several area businesses and service organizations committed to cash and in-kind support for the event. Town funding is requested in the amount of $5,000. The event will cost $50 per student. Funding has already been committed to pay for student scholarships for anyone who makes a request. To date more than 70 tickets have been sold for the event and organizers are expecting. an additional 25 to 50 tickets will be sold on at the door. Financial Impact: The Resolution would commit $5,000 from the Discretionary Fund to provide positive activities for Marana youth during the 2009 Marana High School Grad Night. ATTACHMENTS: Name: I3e~criptic:~n: "I'~~p€:: Regular Council Meeting -April 21, 2009 -Page 74 of 94 D AZYP ~~aa nlgnt - Resolution 04-20-2009.DOC .fi~YP Resolution 2£709 Resolution Staff Recommendation: Staff recommends awarding Arizona Youth Partnership $5,000 from the Discretionary Fund to provide positive activities for Marana youth during the 2009 Marana High School Grad Night. Suggested Motion: I move to approve Resolution No. 2009-51, providing $5,000 from the Discretionary Fund to provide positive activities for Marana youth during the 2009 Marana High School Grad Night. Regular Council Meeting -April 21, 2009 -Page 75 of 94 MARANA RESOLUTION N0.2009-51 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $5,000 IN DISCRETIONARY FUNDING TO ARIZONA YOUTH PARTNERSHIP, AN ARIZONA 501 (c)(3) NON-PROFIT ORGANIZATION TO SUPPORT MARANA HIGH SCHOOL GRAD NIGHT, AN EVENT OFFERING POSITIVE ACTIVITIES FOR MARANA YOUTH AND FAMILIES WHEREAS, the Town of Marana has establish a Discretionary Fund to support local no- profit and grassroots organizations forwarding the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognize the need to promote programs that encourage positive activities for Marana youth and families; and WHEREAS, Arizona Youth Partnership, an Arizona 501 (c)(3) non-profit organization is requesting $5,000 to support the 2009 Marana High School Grad Night; and WHEREAS, Arizona Youth Partnership's mission is to create safe, drug-free communities and healthy environments for children, youth, and families. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN DF MARANA, ARIZONA, that Arizona Youth Partnership is granted $5,000 to support. the Marana High School Grad Night Event. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -April 21, 2009 -Page 76 of 94 ~,~~ ''# ~~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 21, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Erik Montague ,Finance Director Strategic Plan Focus Area: Commerce, Community Building, Progress and Innovation Subject: Resolution No, 2009-49: Relating to Finance; authorizing the application fora loan from the Water Infrastructure Finance Authority of Arizona out of the State of Arizona's allotment of Drinking Water State Revolving Fund appropriation from the American Recovery and Reinvestment Act of 2009 to finance certain water projects Discussion: On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 (ARRA) into law. This was viewed as a critical step in getting the economy moving again and to retain or create jobs. ARRA includes $2 billion to fund drinking water infrastructure, of which the Environmental Protection Agency estimates that approximately $55.3 million will be distributed to Arizona. Shortly thereafter, the Water Infrastructure Finance Authority of Arizona (WIFA) board of directors released Arizona's Drinking Water State Revolving Fund Supplemental AARA of 2009 Intended Use Plan. This use plan described WIFA's plan to utilize AARA funds to finance drinking water infrastructure and related program activities which are ready to proceed with construction by June 17, 2009. Projects which meet the eligibility criteria will be ranked and placed on a priority list for funding consideration. Funding for these AARA projects will be made in the form of low interest loans of less than 4% and a period not to exceed the lesser of twenty years or the useful life of the project. WIFA will implement forgivable principal and/or additional interest rate subsidies as per AARA. Staff is requesting authorization to apply for AARA loans for the following projects and amounts: 1. Hartman to Cortaro interconnect $ 500,000 2. Camino de Manana water line 3,400,000 3. Silverbell well 1,000,000 4. Twin PeaksBlue Bonnet water line 6,300,000 TOTAL $ 11,200,000 Approval of this resolution would authorize staff to apply for AARA loans in an amount not to exceed $11,200,000 and authorize staff to perform all actions required to execute documents and agreements related to this financing. Regular Council Meeting -April 21, 2009 -Page 77 of 94 Financial Impact: These projects have been included. within the Town's water rate model and/or water development impact fee study, as applicable. The loans will be paid with a combination of water user rate revenues, development fees or other appropriate sources, as appropriate. ATTACHMENTS: N%ttne: O Resolution 2009- 49 WBFA AARA Loan.DOC I~e>crilat'c~n: Type: Resoi~.,tion Reno approving WIFA lean ^ Exhibit_A_Project_Listingpdf Exhibit A to Reso Project [_isting Staff Recommendation: Staff recommends adoption of Resolution No. 2009-49. Exhibit Suggested Motion: I move to approve Resolution No. 2009-49, authorizing the Town to apply for an $11.2 million WIFA loan. Regular Council Meeting -April 21, 2009 -Page 78 of 94 MARANA RESOLUTION N0.2009-49 RELATING TO FINANCE; AUTHORIZING THE APPLICATION FOR A LOAN FROM THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA OUT OF THE STATE OF ARIZONA'S ALLOTMENT OF DRINKING WATER STATE REVOLVING FUND APPROPRIATION FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 TO FINANCE CERTAIN WATER PROJECTS WHEREAS the Town Marana has identified a need for a water capital improvement projects; and WHEREAS pursuant to Arizona Revised Statues §§ 9-521 through 540, and specifically A.R.S. § 9-571, the Town of Marana may obligate the revenues generated by its water user rate revenues, development fees or other appropriate sources to repay a loan from the Water Infrastructure Finance Authority of Arizona (WIFA); and WHEREAS the Town of Marana certifies that the population of the community according to the most recent United States census data is 26,098, which meets the criteria under A.R.S. § 9-571 for entering into and performing a financial assistance loan repayment agreement with WIFA without submitting the question to the qualified electors of Marana; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interest of the public to pursue and apply for financial assistance from WIFA out of the State of Arizona's Drinking Water State Revolving Fund (DWSRF) Appropriation from the American Recovery And Reinvestment Act of 2009 (ARRA) in an amount not to exceed $11.2 Million for those projects identified on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Public Services General Manager or Finance Director are authorized and directed to submit an application to WIFA for DWSRF AARA financial assistance on behalf of the Town of Marana. SECTION 2. The Town Manager, Assistant Town Manager, Finance Director, or Public Works Director are each authorized to take such actions as are necessary to apply .for DWSRF AARA financial assistance in an amount not. to exceed $11.2 Million payable from water user rate revenues, development fees or other sources, as appropriate. SECTION 3. All actions of the officers and agents of the Town of Marana which conform to the purposes and intent of this resolution and which further the completion of the application as contemplated by this resolution, whether heretofore or herea8er taken, are hereby ratified, confirmed and approved. The proper officers and agents of the Town of Marana are .hereby authorized and directed to do all such acts and things and to execute and deliver all such Regulq~e~~~ (~e~_~pril 21, 2009 -Page 79 of 94 - 1 - WIFA AARA Loan Authorization application documents on behalf of the Town of Marana as may be necessary to carry out the terms and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of April, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~e~~~ ~e~pj~Qjpril 21, 2009 -Page 80 of 94 - 2 - WIFA AARA Loan Authorization Exhibit A Listing of projects to be considered for Arizona's Request for American Recovery and Reinvestment loans through the Water Infrastructure Finance Authority of Arizona: 1. Hartman to Cortaro interconnect 2. Camino de Manana water line 3. Silverbell well 4. Twin Peaks/Blue Bonnet water line TOTAL $ 500,000 3,400,000 1,000,000 6,300,000 $11,200,000 Regular Council Meeting - Aprif 21, 2009 -Page 81 of 94 ~r ;~~ '~'M#~ «~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri121, 2009, 7:00:00 PM To: Mayor and Council Item B 1 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-50;_ Relating to Boards, Commissions and Committees; appointing to fill the vacancy on the Planning Commission Discussion: Currently there is one vacant seat on the Marana Planning Commission. Planning Commission Chairman David Wostenberg resigned his position due to his relocation out of the town limits. Mr. Wostenberg's term on the Commission would have expired on June 30, 2011. Staff has received five applications from interested citizens for the open seat on the Planning Commission. The applicants are: Alison Wincheski, John McIntyre, Angela Wagner-Gabbard, Bret Summers, and Jeffery Adragna. ATTACHMENTS: Name. I~escripti~?n: 'Type: ^ ResoEution 2009-56 Appointment.#o the Planning. Resalupio;~ Resolution Gommissian.Csf~C ____ Staff Recommendation: Suggested Motion: I move to approve Resolution No. 2009-50, appointing to fill the vacancy on the Planning Commission for a term to expire in June 30, 2011. RegularCouncil Meeting -April 21, 2009 -Page 82 of 94 MARANA RESOLUTION N0.2009-50 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPOINTING TO FILL THE VACANCY ON THE PLANNING COMMISION WHEREAS Section 2-6-2 of the Marana Town Code establishes a procedure for the Council to fill vacancies on new and existing citizen boards, commissions and committees; and WHEREAS there one vacancy on the Planning Commission as a result of the resignation of David Wostenberg; and WHEREAS applications from citizens interested in applying for the Planning Commission vacancies have been solicited and processed according to the procedures in Marana Town Code Section 2-6-2. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, appointing to fill the vacancy on the Planning Commission that was held by Dave Wostenberg, with term of office expiring on June 30, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of April, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -April 21, 2009 -Page 83 of 94 ~'~~~ '1 _ ~ ~"~ ~~ ~ ~~~ ,.,..~ x,, ...ate 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 21, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: ~slative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: N~~:~~e: Descriptit~: T~~pe: O Bulletin-#13.pdf Bulletin 13 Backs~p €~3ateriel ~B_ulletn14.pdf Bulletin 14 Backup Material O Media Release_Arizona Cities and Towns Re ort Shar l Media Release_Arizona Cities and Touvns Report Sharply p p Y Backup Pvlaterial Declining Revenues.pdf Declining Revenues O Recovery and Reinvestment Act Training.pdf Recovery and Reinvestment Act Training Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -April 21, 2009 -Page 84 of 94 IN THIS ISSUE Legislative Update ......................... 1 Rumors Abound On Moratoriums .................................. 1 IRC Conformity Decouples State, Federal Withholding Rates ............ 2 Economic Panel Sees Further Declines, Some Improvement ........ 2 Economic Stimulus Update ........... 2 Governor's Local Government Policy Advisor ............................... 3 Weekly Spotlight ........................... 3 Gegislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague.org Internet: www.azleague.org If you would like to add a member of your council or staff' to our bulletin a-mail list please forward your a-mail request to: csmith-humphrey@azleague.org Bulletin Issue 13 -April 3, 2009 LEGISLATIVE UPDATE The Legislature continues to see little action as leaders from both chambers focus on the budget. No House committees are scheduled to meet next week, though the Senate will have informational hearings and executive nominations. League staff continues to monitor budget proposals as they become available. We are always looking for any potential threats to revenue sharing or potentially problematic items such as severe restrictions on impact fees. We'll let you know if we see anything. RUMORS ABOUND ON MORATORIUMS While House Bi112259 -local development fees; procedures, awaits floor action in the House, there still have not been any clarifications about the anticipated amendments. There are many proposals and rumors about additional attacks on impact fees, construction sales tax, and building codes. Talk of a moratorium on impact fees has slowed, though it clearly would be an option if there is support for such a measure. While each city or town will be impacted differently by the concept, everyone will be in the situation of deciding how existing residents will pay for growth's impact on the community. For some, that will be tax increases, others will reduce services, and others will not be able to provide the infrastructure under either scenario and simply will not issue permits at all. Please continue to talk with your legislators about how such a proposal would affect your community. New proposals by the Homebuilders Association of Central Arizona (HBACA) include afive-year moratorium on increases in local construction sales tax rates (if the rate will be higher than your general sales tax rate); and "impact fee reform" that includes no real details, only shallow platitudes. The League is currently working on a rebuttal to the information in this presentation, much of which is misleading or inaccurate. It is very important that Legislators get the correct information and know both sides of the story before any such proposal goes to a vote. If you would like a copy of the presentation or to discuss your city's response, please contact Cheyenne at cwalsh~u,azleague.org. Finally, HBACA was slated to present a proposal today to the Arizona Chamber of Commerce asking them to support a five-year moratorium on new building codes for residential construction. Arguing that codes are needless government ,regulation that increases the cost of housing, HBACA fails to acknowledge that building codes are an integral part of public safety. A five-year moratorium would mean that in 2015, your codes will still be at 2010 standards, and possibly later for cities and towns that have not adopted the 2009 codes. In this era of advancing technologies, particularly in energy efficiency, frozen codes will mean that Arizona falls way behind other states in safety and efficiency. Regular Council Meeting -April 21, 2009 -Page 85 of 94 Apri13, 2009 Rumors Abound On Moratoriums (contd.) In addition, much of the federal stimulus grant funding for energy projects is tied to current energy code standards, making Arizona cities and towns ineligible for millions of dollars in grant funding if such a proposal is enacted. IRC CONFORMITY DECOUPLES STATE. FEDERAL WITHHOLDING RATES The Legislature acted with surprising speed on Thursday to fix acash-flow problem that the state faced. House Bill 2082 and Senate Bill 1185 both contain identical provisions that conform the Arizona income tax statutes to the 2009 Internal Revenue Code (IRC), but also make temporary adjustments to the Arizona withholding tax rates and permanently decouple Arizona's withholding rates from federal withholding rates. Several federal acts signed into law recently modified the IRC definitions for 2009, including the American Recovery and Reinvestment Act (ARRA) of 2009, which provided for an income tax credit through a reduction in the federal withholding rates. Because Arizona is currently coupled with the federal withholding rates, this would result in less income tax collections in the current fiscal year, further exacerbating the state's budget deficit. The bills are designed to change the state withholding rates to prevent the cash crunch from taking effect in the state during the current 2008-09 fiscal year. This change does not affect state tax liability. The federal act will result in less income tax collected in Arizona. The bills moved simultaneously through both chambers of the Legislature with S.B. 1185 becoming the bill that will. be sent to the Governor's Office next week. Since it contains an emergency clause, the change in withholding rates can take effect immediately upon signature of the Governor. ECONOMIC PANEL SEES FURTHER DECLINES. SOME IMPROVEMENT The Finance Advisory Committee (FAC), a group of public and private economists including the Joint 2009. For FY 2009-10, the experts see a more moderate decline of 2.1 percent. The panel cautioned that current economic instability makes forecasting over the next 15 months especially challenging and that the impact of the Federal stimulus is difficult to gauge. ECONOMIC STIMULUS UPDATE The League's "City and Town Funding Book" on the American Recovery and Reinvestment Act of 2009 (ARRA) continues to be updated as new information is available. To access the latest version, click on this link. If your community is thinking about applying for grants under the COPS Hiring Recovery Program (CHRP), be aware the deadline for submitting applications is April 14. Details on the grant program can be found by pointing your browser here. Remember that cities and towns must commit to keeping additional officers on the payroll after the grant funds are exhausted. The Arizona Department of Transportation has launched a website to track the use of stimulus money on various projects. It is located at: http://www.azdot;gov/recovery/. Earlier this week Vice President Joe Biden and Agriculture Secretary Tom Vilsack announced that the U.S. Department of Agriculture has .begun disbursing the first wave of the $10 billion in guaranteed housing loans provided in the ARRA to help spur economic and home ownership opportunities in rural America. Arizona is slated to receive a total of $98 million in this program. The news release is available here. On Wednesday, Janet Napolitano, Secretary of Homeland Security and former Governor of Arizona, announced some more details of the economic stimulus money for border security and ports of entry, including investments in Arizona. Click here for a link to the news release. Additional details on the projects in Arizona can be found in this article from the Phoenix Business Journal: http://phoenix.bizjournals.com/phoenix/stories/2009/0 3/30/dailv6l.html?ed=2009-04-02&ana=e du~ub Legislative Budget Committee (JLBC), met in the state Arizona is receiving more than $63 million in ARRA Senate this week to review the latest economic trends. funds for local energy efficiency improvements. To see The panel forecasted sales tax collections, individual a list of the cities and towns receiving direct formula income tax collections and corporate income tax grants, visit: http://www.energy.~?ov/7104.htm Cities collections to suffer double-digit declines in 2009, lesser and towns not on the formula list will have to apply for declines in 2010 and finally some improvement in 2011. competitive grants. Details on that program have not yet Overall, the panel expects a revenue decline of 13 to 14.3 been released. 1~t~i4~'~tii~~"~~nP~i'~~~l~~~r P~ $s`~June 30, Apri13, 2009 GOVERNOR'S LOCAL GOVERNMENT POLICY ADVISOR As mentioned in the March 20"' edition of the Legislative Bulletin, Page Gonzales has been appointed as Governor Brewer's policy advisor on local government. Ms. Gonzales has a wealth of political experience, having worked at the House of Representatives and in a government relations capacity for Maricopa County, the Administrative Office of the Courts and the Maricopa Community Colleges. She can be reached at 602-542-1428 or p onzales ,az.gov. The Weekly Spotlight - Representative Eric Meyer This week we focus on Representative Eric Meyer (D -Paradise Valley). Dr. Meyer moved to Arizona when he was seven years old, attending Cocopah Elementary School and Chaparral High School. He earned a degree in Economics from the University of Southern California and a medical degree from the University of Arizona Medical School. His post- graduate training was in the specialty of emergency medicine at Portland's Providence Emergency Department, eventually becoming director of that department. Dr. Meyer returned to Arizona 11 years ago with his wife, Sarah Snell, also a physician, and their two children. While his wife concentrates on her practice, Dr. Meyer serves on the Scottsdale School District Governing Board. A member of the Children's Museum of Phoenix Board of Directors and the Scottsdale Unified School District All-City Athlete Banquet Board, Dr. Meyer is a dedicated advocate for children. He has also served as a Legislative Liaison for the Scottsdale Parent Council, PTO President for Arcadia Neighborhood Learning Center, and Scottsdale Unified School District Budget Committee member. Dr. Meyer believes strong public schools are the bedrock of Arizona's future. As a school board member for the past four years, he has gained intimate knowledge of our school's needs, and has developed a plan to make our schools great. He has improved aFo'~k!v~ol~irt~ril~g~QllstRli9~~idt;9~ncreased graduation requirements and expanded class offerings. He has also increased teachers' salaries every year and is leading efforts to ensure every student is prepared for success in college and in life. Dr. Meyer's background in economics and medicine give him the tools to address the growing problem of access to quality, affordable health care, especially for our children, and to identify ways to diversify and strengthen our economy. He is a member of the Education and Transportation and Infrastructure committee. What prompted you to seek legislative office? As a school board member and physician, I am a strong supporter of public education and quality healthcare. I was re-elected to the Scottsdale School Board for a second term at the same time I was elected to the legislature. Iran for the District 11 legislative seat. so that I could be a sensible voice who could advocate for improving Arizona's schools and healthcare system. What's your proudest legislative achievement? For new members, what do you hope to accomplish? I hope to be able to work in a bipartisan way to solve the state's budget crisis without negatively impacting our educational and healthcare services. How can the state government and local governments be better partners? The key to a working partnership is communication. Legislators need to understand the challenges that our local governments face and work in a collaborative way to address the issues. What kinds of things do you do to relax favorite music, books, etc? I am an avid cyclist, and I love to travel and read. Thank you for your time. You're welcome. April 3, 2009 IN THIS ISSUE Session Update ............................:...1 GPEC Program Focuses On Budget Issues ...............................................1 Impact Fees May Go To The House Floor Next Week .............................2 House Floor Action ......................... 2 Weekly Spotlight ............................. 2 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azl eague.org Internet: www.azleague.org If you would like to add a member of your council or staff to our bulletin e-mail list please forward your a-mail request to: csmith- humphrey@azleague.org Bulletin Issue 14 -April 10, 2009 SESSION UPDATE The Legislature continues to see little action as leaders from both chambers focus on the budget. No House committees are scheduled to meet next week, though the Senate will have informational hearings and executive nominations. Insiders speculated that the House could hear budget bills in the Appropriations Committee as early as next week. However, House Majority Leader John McComish (R-Phoenix) said hearing budget bills as early as next week was a bit ambitious and that the end of the month was more realistic. League staff will continue to monitor the budget discussions. GPEC PROGRAM FOCUSES ON BUDGET ISSUES Governor Jan Brewer highlighted atwo-hour program Thursday morning that brought together more than 800 civic leaders from the public and private sectors to discuss the current economic and budget situation in the State of Arizona. The meeting was organized by the Greater Phoenix Economic Council (GPEC) and also featured Senate President Bob Burns and House Speaker Kirk Adams. Cities and towns also had a prominent role in the program and were represented by Chandler Mayor and League President Boyd W. Dunn and Yuma Mayor and League Treasurer Larry Nelson. The Governor and members of her budget staff presented an overview of the current state budget situation and where projections are taking us in the next few years. Governor Brewer also presented her "Five Point Plan for Economic Recovery" for the state, which includes a temporary tax hike. During the legislative part of the program, President Burns commended cities and counties for taking difficult steps early in the economic downturn to maintain balanced budgets. Both Speaker Adams and President Burns said they did not support increasing taxes at this time. Mayor Dunn, pointing out some of the economic development successes in the City of Chandler, called for greater cooperation between government and the private sector to attract and retain companies that provide good jobs. Mayor Nelson also mentioned the need for all areas of the state to be unified in pursuing economic development. He said urban and rural areas should not be in competition, when our real rivals for jobs are in other surrounding states and other countries. GPEC President and CEO Barry Broome said this meeting is only the first of a series to bring community leaders together to work on solving our economic problems through tax reform and other positive measures. Regular Council Meeting -April 21, 2009 -Page 88 of 94 Apri110, 2009 IMPACT FEES MAY GO TO THE HOUSE FLOOR NEXT WEEK The House may consider House Bill 2259 next week on the floor in Committee of the Whole. The sponsor, Representative Andy Biggs (R-Gilbert), plans to run part of the League's proposed amendment. The amendment clarifies that only revenues dedicated by the city or town toward the capital facilities to be funded by impact fees have to be forecasted and included in the city's impact fee calculations. The League had also requested that "other sources of revenue" be removed from the list of revenues that must be considered but at this point Rep. Biggs is not including that in his amendment. We have requested feedback from cities and towns about how that language will affect their impact fee programs and will follow up with the sponsor with any concerns. The League's response to the Homebuilders Association of Central Arizona's (HBACA) presentation on impact fees and its "impact fee reform" proposal is nearly completed and we anticipate it will be available next week. The Arizona Chamber of Commerce's Public Affairs Committee considered HBACA's presentation last week and recommended that the Chamber support both the five year moratorium on increases in local construction sales tax (above the general sales tax rate) and impact fee reform, which we have heard includes rolling impact fees back to 2005 levels. The Chamber Board is expected to take up this recommendation at its next meeting. As we understand it, the Committee did not consider the proposed moratorium on new or updated local building codes. HOUSE FLOOR ACTION The House Committee of the Whole (COW) this week heard and passed a number of bills, three of which the League is tracking. • HB2124 sponsored by Representative Andy Biggs (R-Gilbert), preempts cities from taxing certain commercial leases. The League has serious concerns with this measure and will work with Rep. Biggs further. HB2329 establishes permit fees for the installation of solar energy panels and solar water heaters; the League is neutral. Representative Tom Boone (R-Peoria) is sponsoring the bill. The League is continuing to work with stakeholders and Mr. Boone on this bill to make sure the language is not overly restrictive. Regular Council Meeting -April 21, 2009 -Page 89 of 94 HB2360 updates the information that is given to the public for the ballot-related information on government general obligation bonds. The League is also neutral on this bill. Representative Rick Murphy (R-Glendale) is the sponsor. The bills now await Third Reading in the House and then, if passed, are transmitted to the Senate. If you have any question about these bills or any other bills, please contact the League's legislative staff at 602- 258-5786. The Weekly Spotlight - Representative Tom Boone This week we focus on Representative Tom Boone (R-Peoria). Mr. Boone resides in Peoria with his wife Vicki, and three children, Tessa, Craig, and Trent. His oldest child, Brian, is married to Jennie. He attended Madison Park Elementary School and Central High School in Phoenix, and graduated from Northern Arizona University with a degree in accounting. Upon graduation, Mr. Boone started work with the Auditor General's office here in Arizona. After twenty years as Chief Financial Officer of Deer Valley Unified School District, he retired in June 2000. He currently serves as Chairman and CEO of Valley School Insurance Trust. Mr. Boone also serves on the Deer Valley Unified School District Governing Board and sits on the Board of Directors of Deer Valley Charter Schools, Inc. With a victory in his first political campaign, Mr. Boone was elected to the Arizona House of Representatives in 2002. Mr. Boone was re-elected in 2004, 2006 and 2008 and is serving his fourth term. He was selected by the House Republican membership to serve as the Majority Leader in 2007. Currently Mr. Boone is on the Joint Legislative Audit Committee, the Health and .Human Services Committee and is Chair of the Public Employees, Retirement and Entitlement Reform Committee. 2 Apri110, 2009 What prompted you to run for the legislature? I ran for office originally because of my desire to serve our community. This desire to serve is what has kept me working hard on my neighbors' behalf at the Capitol. On every issue, I believe in keeping a close on-going dialogue with my constituents, taking the time to hear all sides, and doing my research on issues before making what I believe to be the best decision for our collective future. I am only a regular person, living in the same community and facing the same challenges as my constituents. I have a family, my kids are in public schools, I have made a home in Arizona because I think it is a great place to live, and I work as a middle class employee to make ends meet. That is my real life and it is why I believe I stay grounded as an elected official. My role as a Legislator is to represent my neighbors and community and try to make the best decisions I can in order to keep Arizona a great place to live. What's your proudest legislative achievement? I have spent most of my legislative efforts in four areas: 1) fiscal responsibility; 2) improving education; 3) improving access and development to clean and renewable energy; and 4) curbing the problem of illegal immigration. I will continue to work hard in all of those areas. As my single proudest legislative achievement was made my first years in the House as I worked to change Arizona's Trust Code to benefit the people of the state. I am also very proud of the improvements I made to further fund education in the state, knowing that our futures depend on well educated work force. How can the state government and local governments be better partners? As a voter and businessman, I know government is most effective when it meets the needs of its constituents with the least intrusion into their lives. As the president of the Deer Valley Unified School District Governing Board, I know the value of placing government actions as close to the community affected as possible, to offer local control. Government must meet the needs of the citizens without infringing on their freedoms or over- burdening them with taxation. Specific steps we can take to ensure that state and local governments operate towards this end most effectively are achieved by working together to define common goals and solutions. Regular Council Meeting -April 21, 2009 -Page 90 of 94 What kinds of things do you do to relax favorite music, books, etc? I like all types of music, from classical to country. My favorite book is The Purpose Driven Life. The place I enjoy most is home with my family. Thank you for your time. Thank you for the opportunity. Apri110, 2009 . r. - ..... _ ~.., s ,. ,. ,,~ ~ii.~ ~ i.'. t '~.. r °' Media contact: Ken Strobeck Executive Director, League of Arizona kttrobeck@azleague: org (602) 258-5786 FOR IMMEDIATE RELEASE ARIZONA CITIES AND TOWNS REPORT SHARPLY DECLINING REVENUES League survey finds economic woes of cities and towns mirror those of the state; unprecedented cuts result PHOENIX (Apri17, 2009) -More than 80 percent of Arizona cities and towns experienced a steep decline in general fund revenues for the fiscal year (FY) 2009 as compared to FY08, according to a recent survey conducted by the League of Arizona Cities and Towns. A total of 57 municipalities participated in the survey and reported an average decline in revenue of 10.3 percent. Moreover, 86 percent projected that their FY10 revenues will continue to fall from FY091evels at an average rate of 10.1 percent. "The results of the League survey indicate that cities and towns' revenues are still falling sharply throughout Arizona," said Ken Strobeck, executive director of the League of Arizona Cities and Towns. "Our revenue condition is mirroring that of the state government. Unfortunately, no one is sheltered from diminishing revenues in these extraordinary times." Regular Council Meeting -April 21, 2009 -Page 91 of 94 Recent weeks have seen unprecedented measures from Arizona cities and towns as a result of the shrinking funds and turbulent economy. When asked .what they had done to address the current economic situation, an overwhelming 80.7 percent of those surveyed had implemented hiring freezes and another 38.6 percent laid off employees. More than 10 percent reduced police and fire department personnel. Nearly all respondents report reductions in their department budgets and more than 30 percent reported slashing their budgets across the board. "As we make some very difficult decisions in this economy, our employees and citizens have displayed great patience and understanding," said Chandler Mayor and League President Boyd Dunn. "One of the biggest challenges we face is to absorb these reductions while maintaining critical service levels." Among the many money-saving solutions that municipalities are forced to consider are reductions in staff or hours of operation, furloughs and park closures. For example, it has been reported that the City of Scottsdale recently approved 119 early retirements. Such cuts are not isolated to cities and towns in Maricopa County; impacts of the dwindling revenues can be seen statewide. Just this week, it was reported that the City of Flagstaff mailed layoff notices to 27 employees. Late last month, the City of Somerton approved budget cuts that will eliminate paid holidays for city employees and result in a 2.3 percent pay decrease for firefighters and police. Additionally, Lake Havasu City laid off 52 employees in March, including 15 fire department employees, two police lieutenants and two officers. Regular Council Meeting -April 21, 2009 -Page 92 of 94 An increasing number of communities are now operating their town hall just four days a week rather than the usual five. The survey was distributed to the state's 90 municipalities by the League of Arizona Cities and Towns in March. The results of the survey were tabulated by League staff. About the League: The League of Arizona Cities and Towns is a voluntary association of all the 90 incorporated cities and towns in the State of Arizona. It provides policy and legislative advocacy, information and .inquiry services, along with publications and educational programs to strengthen the quality and efficiency of municipal government. It was founded in 1937 to serve the interests of cities and towns and to preserve the principles of home rule and local determination. ### League of Arizona Cities and Towns 1820 W. Washington St. Phoenix, AZ 85007 Phone: 602-258-5786 Fax: 602-253-3874 http://www.azleague.org If you encounter difficulty reading this email, please contact Mary Vinzant at mvinzant@azleague.org with your concerns. Regular Council Meeting -April 21, 2009 -Page 93 of 94