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Home My WebLink About04/28/2009 Special Council Agenda Packet~~~f-i~t ~~ Amended location of meeting (Conference Center) on 4/24/2009 at 1:08 p. m. -SPECIAL COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Conference Center, Apri128, 2009, at or after 6:00 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. Speaking at Meeti~ 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. Special Council Meeting -April 28, 2009 -Page 1 of 56 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at ~~~w~~~~.marana.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 27, 2009, 6:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at «=ww.m_ ~rana,c;c~tn 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 l: Presentation: Relating to the Fiscal Year 2009-10 revenue projections and Manager's recommended operating budget (Gilbert Davidson/Erik Montague) P 2: Presentation_Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 8 - Termination of Employment, Section 8-1-6 Layoff and Recall (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 Special Council Meeting - Apri128, 2009 -Page 2 of 56 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 agenda. C 1: Resolution No. 2009-52Relating to Development; approving a release of assurances for Rancho Marana 154 Block 2 and acceptance of public improvements for maintenance (Keith Brann) C 2: Resolution No,_2009-53: Relating to risk management; approving and authorizing the Mayor to execute a tolling agreement with Timothy Widger and Acacia Nursery Inc. (Frank Cassidy) COUNCIL ACTION A 1: .Resolution No. 2009-54: Relating to Personnel; approving and authorizing staff to implement the Voluntary Reduction in Pay plan (VRIP) for fiscal year 2010; and declaring an emergency (Suzanne Machain) A 2: Resolution No. 2009-55_ Relating to Personnel; approving and authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 2010; and declaring an emergency (Suzanne Machain) A 3: Resolution No. 2009,,-56_ Relating to Personnel; approving and authorizing staff to implement the Worker Recession Assignment Program (WRAP); and declaring an emergency (Deb Thalasitis) BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Consideration of a recommendation from the Parks and Recreation Citizen Advisory Commission relating to the July 4, 2009 Star-Spangled Event and consesus on direction for the event (Tom Ellis) ITEMS FOR DISCUSSION/POSSIBLE ACTION 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. 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 Special Council Meeting -April 28, 2009 -Page 3 of 56 ~~! .~., a..,...~ 11555 W. CIVIC CENTER DRIVE, MAR.ANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri128, 2009, 6:00:00 PM To: Mayor and Council Item P l From: Gilbert Davidson/Erik Montague ,Town Manager/Finance Director Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Presentation: Relating to the Fiscal Year 2009-10 revenue projections and Manager's recommended operating budget Discussion: Tonight will be the first of several presentations to the council concerning the FY 2009-10 budget. The council received preliminary information about this budget at its study session on March 24, 2009. This evening's presentation will start with an update on the latest information on Fiscal Year 2009 revenues. Sales tax and other TPT revenue information through February, 2009 has now been reported. Staff will then outline the revenue projections for FY 2010 and the assumptions behind those projections. The FY 2010 revenue projections coupled with the FY 2010 budget goals will serve as the foundation for reviewing the impacts of the Budget Modification items discussed on March 24. Staff will provide the savings/additional revenue associated with Level 1 (green) and Leve12 (yellow) options, followed by recommendations for implementing Level 3 (red) options to address any remaining shortfalls. Presentation information will be provided to the Council no later than Friday, April 24, 2009. Below is an outline of anticipated budget review sessions following this evening's presentation: Apri128, 2009 -Adoption of Leve13 Tools (Voluntary Salary Reductions) May 12, 2009 - Tentative Study Session on Capital Improvement Plan May 20, 2009 - Finalize All Leve13 Budget Recommendations June 2, 2009 - First Reading, Tentative Budget Adoption June 23, 2009 - Second Reading, Final Budget Adoption Financial Impact: Presentation only. ATTACHMENTS: 1~?an~e: Descriptia~~: Type: No Attachments Avaiiat~le Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Special Council Meeting -April 28, 2009 -Page 4 of 56 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri128, 2009, 6:00:00 PM To: Mayor and Council Item P 2 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 8 -Termination of Employment, Section 8-1-6 Layoff and Recall Discussion: On March 24, 2009 the Town Council received a briefing from staff on a proposed methodology for moving forward with. preparation of the FY 2010 Budget. As part of this presentation, staff outlined a system of categorizing expenditure reductions and revenue enhancement options ranged on a continuum from those that caused the least disruption to personnel and services (Level 1) to those that had the most impact to personnel and services (Leve13). Regarding Level 3, staff identified several tools that needed to be developed anal adopted by the Council that included both voluntary reductions in personnel costs (Phase I) and mandatory reductions (Phase II). Tonight's presentation concerning amendments to the Town's layoff policies would be one of the later alternatives that may be undertaken if the combined savings from Levels 1 and 2 and the voluntary Level 3 options do not adequately address the FY 2010 budget shortfall. The layoff policies presented to the Council this evening are being brought for initial consideration in order to comply with Ordinance 99.12 and Resolution 98-38. Both of these require that amendments to the Personnel Policies and Procedures be considered and discussed at one Council meeting and then considered for final adoption at a later Council meeting. Staff has provided both a clean copy of the policies and a "red-lined" version showing the changes made. Staff undertook a review of the personnel policies as part of the overall effort to ensure that needed policies were in place to effectively manage potential budget challenges. The current layoff and recall policy language lacks specificity with regard to the method and order of employee layoff actions. Revisions to the policy are designed to ensure that layoff actions for classified employees are handled in a fair and consistent manner. If the need for a layoff is identified, the Department Head will be required to prepare a layoff plan indicating the reason for the layoff action. When a position is identified for layoff, employees in the same classification within the department will be ranked by seniority and the least senior employee will be subject to the layoff action. All layoff actions will include pre-layoff administrative and legal review and employees will have an opportunity to respond. Further, classified employees will have the right of review by the Personnel Special Council Meeting -April 28, 2009 -Page 5 of 56 Action Review Board (PARB), which. provides an additional due process check to ensure that the policies and procedures were appropriately administered. The PARB review is only to determine if the Town's layoff procedures were correctly followed. The PARB does not determine if the decision for a layoff action in a particular classification is warranted. Positions that are funded by grants are not subject to the layoff and recall policy and are automatically considered term-limited (at-will) positions. In the event that the provisions of the Workers Recession Assignment Program (WRAP), also presented to Council this evening, conflict with the layoff and recall policy, the provisions of the WRAP will apply for those classified employees serving in a WRAP assignment. Financial Impact: The financial impact will be based on the net personnel savings (salary and employee related expenses) resulting if a layoff action is recommended. ATTACHMENTS: Name: ^ revisions to Section 8-1-6 layoff and recall (00014167- 5)DOC ^ Section 8-1-6 WorkShare version _(000143_9.9).pdf Description: Section 8-1-6 Personnel Policies F2ediine Version of Changes to Chapter 8 Type: Backup Material Backup Material Staff Recommendation: Staff recommends that the proposed changes be brought forward for consideration of adoption by the Mayor and Council at the May 5, 2009 meeting. This will ensure that this tool is in place should the FY 2010 budget necessitate elimination of positions, resulting in layoffs. Suggested Motion: I move to direct staff to bring the proposed Personnel Policy changes forward for adoption at the May 5, 2009 meeting. Special Council Meeting -April 28, 2009 -Page 6 of 56 MARANA /I~ TOWN OF MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT POLICY 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. Section 8-1-1 Service Retirement Service retirement is voluntary termination after having satisfied the employment requirements of applicable retirement system procedures. Section 8-1-2 Disability Retirement Disability retirement is voluntary termination necessitated by an injury or illness that renders the employee incapable of performing the essential tasks of his or her usual job. The termination is preceded by a letter by the employee to his or her supervisor advising of the disability ruling, date of termination, supporting documentation, and a ruling by the appropriate agency verifying the disability and approving the retirement. Section 8-1-3 Employee-Initiated Resignation An employee-initiated resignation is voluntary termination for any reason other than formal retirement. An employee wanting to leave the Town in good standing should provide a written resignation to his or her immediate supervisor at least 14 calendar days prior to the effective date of resignation. During the two weeks before the effective date, the employee will be available for work to aid in the training of a replacement. Exceptions to the time limit requirement may be granted by the Town Manager. Section 8-1 -4 Termination during Initial Evaluation During the initial evaluation period, an employee may be terminated at any time, with or without cause, by a Department Head after consultation with the Human Resources Director and the Town Manager. Section 8-1-5 Discharge Discharge is involuntary termination or dismissal of an employee by the Town. {00014167.DOC / 5} Spe ial Council Meeting -April 28, 2009 -Page 7 of 56 "'r-~~~~ MARANA TOWN OF MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-6 Layoff and Recall A. Definitions 1. A layoff is a reduction in the Town's work force due to a shortage of work or funds or a material change in duties or organization. Layoffs shall not be used in lieu of discipline. 2. For purposes of this section, seniority shall be defined as an employee's total length of continuous service with the Town as a probationary/regular employee. B. Applicability 1. The provisions of this section 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. 2. The provisions of this section do not apply to unclassified employees, probationary employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. However, unclassified employees, probationary employees and other at-will employees may be subject to job elimination or termination due to a shortage of work or funds or a material change in duties or organization. C. Layoff Plans Layoffs shall be accomplished on a department basis in accordance with a layoff plan prepared by the Department Head and approved by the Town Manager's Office, the Human Resources Department and the Legal Department. 2. The layoff plan shall include the reason for the layoff, a list of each position subject to layoff by classification and a list of the employees holding the positions within the specified classification(s). 3. Regular full- and part-time classified employees in grant-funded positions shall not be subject to layoff. 4. In any approved layoff plan, all vacant positions in the .specified classification(s) within the department shall first be eliminated. Next, all temporary and/or probationary employees occupying the specified classification(s) within the department shall be terminated prior to the layoff of any regular employees in the specified classification(s) within the department. Regular employees within the specified classification(s) within the department shall then be laid off in inverse order of seniority. {00014167.DOC / 5} ial Council Meeting -April 28, 2009 -Page 8 of 56 ~~.~ MARANA /i\ roww of n~uinNn CHAPTER 8 TERMINATION OF EMPLOYMENT D. Notice of Proposed Layoff 1. If a layoff plan is approved, the Department Head shall issue a notice of proposed layoff to each employee who will be laid off. The notice shall inform the employee of the employee's opportunity to present a written response to the proposed layoff and to attend apre-layoff review meeting with the Department Head at a scheduled date, time and location. 2. The notice of proposed layoff shall be issued to each affected employee at least seven calendar days prior to the pre-layoff review meeting. E. Pre-Layoff Review Meeting 1. The pre-layoff review meeting shall take place at least 14 calendar days prior to the proposed effective date of the layoff. 2. The pre-layoff review meeting shall not be an adversarial hearing. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of proposed layoff. 3. The employee may have anon-attorney co-worker of the employee's choosing present during the pre-layoff meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. 4. Any relevant information presented by the employee during the pre-layoff review meeting regarding the proposed layoff shall be considered by the Department Head. 5. Failure by the employee either to attend the pre-layoff review meeting or to timely submit a written response to the notice of proposed layoff shall be deemed a waiver of the employee's right to do so and the proposed layoff shall be implemented as specified in the layoff plan. F. Notice of Layoff 1. After the pre-layoff review meeting, the Department Head shall advise the employee in writing of the decision regarding the proposed layoff. This notice of layoff shall be issued as soon as possible and at least 14 calendar days prior to the effective date of any layoff. 2. The original notice of layoff shall be submitted to the Human Resources Department and a copy shall be provided to the employee. {aooial6~.~oc i s} ial Council Meeting -April 28, 2009 -Page 9 of 56 ~^.~ ~ MARANA .~/I\ toww ov neARaron CHAPTER 8 TERMINATION OF EMPLOYMENT G. Personnel Action Review Board (PARB) Review 1. Employees who are laid off pursuant to the provisions of this section may request to have the layoff decision reviewed by the Town's Personnel Action Review Board (PARB). 2. To request PARB review, eligible employees must submit a written request for review, on a form provided by the Human Resources Department, to the Human Resources Director within ten calendar days after the effective date of the layoff. 3. Within ten calendar days of receipt of the employee's request for review, the Human Resources Director shall submit the request for review to the PARB. 4. Upon receipt of the employee's request for review, the PARB, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a review hearing. The hearing should take place within 30 calendar days of the PARB's receipt of the request for review, unless the time is extended by the PARB, or unless the PARB is unable to hold the hearing within that time, or for other good cause. The review by the PARB shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The PARB has no authority to and shall not review whether the shortage of work or funds or the material change in duties or organization justified the layoff or whether alternative means may have been available to the Town. In all other respects, the hearing shall proceed in the manner set forth in Policy 5-6 of these Personnel Policies and Procedures or as otherwise determined by the PARB. 6. Upon conclusion of the review hearing, the PARB shall render a written decision which shall contain findings as to whether the provisions of these Personnel Policies and Procedures relating to layoffs have been complied with. The decision of the PARB shall be final and is not appealable within any Town process. 7. Failure by the employee to file a written request for review within ten business days after the effective date of the layoff, unless explained to the satisfaction of the PARB, shall operate as a bar to further recourse by the employee. H. Pre-Layoff Transfer 1. Layoff decisions shall be coordinated among Town departments to provide possible transfer of employees to positions in other departments for which the employees qualify. 2. An employee subject to a pre-layoff transfer retains all accrued sick and vacation leave and compensatory time. The employee shall serve an initial evaluation period {00014167.DOC / 5} ial Council Meeting - P,pril 28, 2009 -Page 10 of 56 MARANA TOWN Of MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT in the classification the employee transfers into if the employee has not completed an initial evaluation period in that classification previously. I. Recall 1. An employee who has been laid off pursuant to the provisions of this section shall be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the laid off employee is qualified becomes available. The Town is not required to follow the competitive hiring process to recall a laid off employee. 2. An employee subject to a pre-layoff transfer is subject to recall in the same manner as an employee who is laid off. J. Coordination with the Worker Recession Assignment Program (WRAP) If any of the provisions of this section conflict with the provisions of the Town's Worker Recession Assignment Program (WRAP), the provisions of the WRAP shall govern for those employees who are serving in a WRAP assignment under the provisions of that program. {00014167.DOC / 5} ial Council Meeting -April 28, 2009 -Page 11 of 56 CHAPTER $ ~~~ t--, ~1j~,j~,A,~~ TERMINATION OF .EMPLOYMENT ~/1\ POLICY 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. Section 8-1-1 Service Retirement Service retirement is voluntary termination after having satisfied the employment requirements of applicable retirement system procedures. .Section 8-1-2 Disability Retirement Disability retirement is voluntary termination necessitated'by an injury or illness that renders the employee incapable of performing the essential-tasks of his or her usual job.- The termination is preceded by a letter by the employee to his or her supervisor advising of the disability ruling, date of termination, supporting documentation, -and a ruling by the appropriate agency verifying the disability and approving the retirement. Section 8-1-3 Employee-Initiated Resignation. An employee-initiated resignation is voluntary termination for any reason other than formal retirement. An employee wanting to leave the Town in good standing should provide a written resignation to his or her immediate supervisor at least 14 calendar days prior to the effective date of resignation.. During the two weeks before the effective date, the employee will be available for work to aid in the training of a replacement. Exceptions to the time limit requirement may be granted by the Town Manager. Section 8-1 -4 Termination during Initial Evaluation During the initial evaluation. period, an employee may be terminated at any time, with or without cause, by a Department Head after consultation with the Human Resources Director and the Towne Manager. Section 8-1-5 Discharge Discharge is involuntarytermination or dismissal of an employee by the Town. { 0141 7DOC/5} ~ Do.,:~0.7. TA.,., 1 4 1 nn0 C o,.~;,.« 4 1 ~ « a,7 Ce„ro,..l.o,- ~ ~nnc al (`ni inril ~Ace4inn _ Gnril 7R 9nnQ _ P~nc A 7 ni ~~4"~ ~---~ MARAI'~IA ~, CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-6 Layoff and Recall A. ~ ~„.,ff ..,°",~ +h° Definitions 1. A layoff is a reduction ^f °^~^'^~~°°°in the Town's work force due to segst~--ai#~a shortage of work; or funds or a material change in duties or organization,.. Layoffs shall not be used in lieu of discipline- 2. F r purposes of this section. seniority shall be defined as an employee's total length of continuous service with the Town as a probationary/reaular em l~_o~. ~., Applicability 1. The revisions of this section apply to all regular full- and part-time classified employees who have-completed 'the initial evaluation period as defined in the Mina Town Code and these Personnel Policies and Procedures. 2. The provisions of this section do not arJply to unclassified employees. probationary em I~_ovees or other at-will employ ees. as defined in the Marana Town Code and the Personnel Policies and Procedures. However. unclassified employees. t~robationarv em~l_o~es and other at-will em I~ovees may be subject to job limination or termination. due to a shortage of work or funds. "~°^+°~' °^,^'^~~°°° w r+ n r III ^r, rl fillinn of r ~ il~r inh ,io n~+n nioc m~+v h° m ~° h~c• nn G 6~,Teff Qesi~ions~es egg ,,~--Q~, , ~;~~~ed~ slaseifasa+i~;Tt#i~t#c~ep,~,eet- or a material change in duties or organization. C. Layoff Plans 1. Layoffs shall be accomplished on a department basis in accordance with a la off dlan prepared by the Department Head and approved by the Town Manager's Office.. t e Human Resources Department and the Legal Department. {889-14396:-00014167.DOC / 5} ~ D e.,:..va. Tif.,.. 14 100n Co..+:.,« 4..1 ~ ,. e,1 Qo«fa.«1. o.-~ ~nnc ~~A~~ /~~, CHAPTER 8 TERMINATION OF EMPLOYMENT 2. The lavoff elan shall include the reason for the layoff. a list of each position subject to lavoff by classification and a list of the emdlovees holdino the positions within the specified classification(s). 3. Regular full- and part-time classified emplo r~ees in grant-funded positions shall not kze subject to layoff. 4. I_n__an) approved layoff plan, all vacant positions in the specified classification(s) within th department shall first be eliminated. Next, aA temnorarv and/or probationary em~lovees occu~a the specified classification(s) within the department shall be .terminated prior to the lavoff of any regular em~lovees in the specified clarification s) within the department. Reaular employees within the s~ecifi~d classification~sl within the department shall then be laid off in inverse order of seniority D. Notice of Proposed Layoff 1. If a layoff elan is approved. the Department Head shall issue a notice of proposed layoff to each employee who will be laid off. The notice shall inform the emplo eov a of ttie ems ee's opportunity to present a written response to the proposed lavoff and t~attend a pre-layoff review meeting with the Department Head at a scheduled date. time and location. 2. The notice of proposed layoff shall be issued to each affected em I~oyee at .least even calendar days prior to the pre-lavoff review meeting E Pre-Layoff Review Meeting 1. T e pre-lavoff review meeting shall take place at least 14 calendar days prior to the proposed effective date of the lavoff. 2. The pre-lavoff review meeting shall not be an adversarial hearing. The pur o th meetin i to give the employee the opportunity to respond. verbally or in writing. to the written notice of proposed lavoff. 3. T~_emplo ey a may. have a .non-attorney co-worker of the em Ip=ovee's choosing Aresent durina the pre-lavoff meeting. The co-worker may not speak on behalf of the em Ip=oy ee and may onl articipate as an observer. 4. Any relevant information .presented. by the employee durina the pre-lavoff review. meetino regarding the proposed lavoff shall be considered by the Department Head. 5. Faltare by the employee either to attend the rp a-ia) off review meeting or to timely bmit a written response to the notice of proposed lavoff shall be deemed a waiver {900443~IFr.00014167.DOC / 5} ~ Da<,: .. e.1. A>f..<> 14 1000 co,.*;,.~ 4 1 ~,. oa co..~o»,1.e.. z ~nnc Spe ~ - - ~,.~"~„~. CHAPTER 8 ~,t~[~~=~,',~~- TERMINATION OF EMPLOYMENT ..,~r'~n..f / 1 f the emplo ev as right to do so and the proposed layoff shall be implemented as s ecified in the layoff plan. F. Notice of La~o_ff_ 1. Aft r the pre-layoff review meeting. the Department Head shall advise the employee in writing of the decision re as rdin~the proposed layoff. This notice of layoff shall be issued as soon as possible and at least 14 calendar days prior to the effective date 9f an~~ff. The on final notice of la off shall. be submitted to the Human Resources Department and a co shall be rovided to the emplo ee. G. P rsonnel Action Review Board fPARBI Review 1. Employees who are laid off pursuant to the provisions of this section may request to have the layoff decision reviewed by the Town's Personnel Action Review Board PARB . 2. To request PARB review. eligible employees must submit a written request for r view. on a form provided b~ the Human Resources Department. to the Human Resources Director within ten calendar days after the effective date of the layoff. 3. Within t n calendar da s of receipt of the emplo ee's reauestfor review. the Human Resources Director shall submit the request for review to the PARB. 4. Upon receipt of the employee's request .for review, the PARB. or the Human Resources Director in conjunction with the PARB Chairperson. shall set a date for a r view hearing. The hearing should take place within 30 calendar dais of the PARB's receipt of the request for review. unless the time is extended by the PARB. r unless the PARB is unable to hold the. hearing within that time. or for other good se. 5. The review-bv the PARB shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The PARB has no authority to and shalt not review whether the shortage of work or f nds or the material chance in duties or organization justified the. layoff or whether alternative means may have been available to the Town. In all other respects. the {898~439Fi00014167.DOC / 5} 4- Do.,;~e.7. Tif..., 14 1 Ono • ~ ~,.~~ CHAPTER 8 ..~~~~~ ~R~~ TERMINATION OF EMPLOYMENT hearing shall proceed in the. manner set forth in Policy 5-6 of these Personnel Policies and Procedures or as otherwise determined by the PARB. 6 upon conclusion of the review hearing, the PARB shall render a written decision which shall contain fndine~s as to whether the provisions of these Personnel Policies nd Procedures relating to layoffs have been complied with. The decision of the PARB- shall be final and is not appealable within any Town rop cess. 7. Failure by the employee to file a written request for review within ten business. dam er the .effective date of the la off. unless explained to the satisfaction of the. PARB. shall operate as a bar to further recourse by the em~lo~[ee. H. Pre-Layoff Transfer 1. a off decisions shall be coordinated among };e ~~TTown departments to provide possible transfer of employees to positions in other departments for which the employees qualify. 2. An employee subject to a rp a-layoff transfer retains all accrued sick and vacation leave and comrJensatorv time. The employee shall serve an initial evaluation period in the__ ~assificaton the em I~oyee transfers into if the em I~oyee has not completed n initial evaluation. period in that classification previously. 1. Recall ~1_An employee who has been laid off ur uant to th r visions of this section shall be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the laid off employee is qualified becomes available. The Town is not required to follow the competitive hiring. process to recall a laid off employee. 2. An_em~ ee~sub_~ect to a rp a-layoff transfer is subject to recall in the same manner as an employee who is laid off. J. Coordination with. the Worker Recession Assignment Program (WRAP) If nv of the provisions of this section conflict with the provisions of the Town's Worker Recession Assignment Program WRAP). the provisions of the WRAP shall govern for those emplo ees who are servin in a WRAP assignment under the provisions of that pro ram. {nnm~v~oc n0014167.DOC / 5} ~ Do..;~0.7. T.f.... 1 4 1 00~ co,..;,,,, Q i ~ .- ea eo,.~o.rwo.- ~ ~nnc g~ _ _ _ Document comparison by Workshare Professional on Wednesday, April 22, 2009 8:40:23 AM lnpu#: Document 1 ID WORLDOX://X:\WDOX\TNATDOCS\employ\policies\0001 396.DOC Descri tion Old Personnel Palic Cha ter 8 La off Recall Document 2 ID C:\DOCUME~1\fcassidy\LOCALS~1\Temp\workshare\wmt em a00\~wtf0A201 CF3.doc Description C:\DOCUME~1\fcassidy\LOCALS-1\Temp\workshare\wmt em a00\-wtf0A201 CF3.doc Renderin set standard Legend: Insertion nei o+: ,. ~~r tine t S le chan e Format chan e Inserted cell Deleted cell Moved cell S lit/Mer ed cell Paddin cell Statistics: Count Insertions 50 Deletions 16 Moved from 1 Moved to 1 St le chan e 0 Format chan ed 0 Total chan es 68 Special Council Meeting -April 28, 2009 -Page 17 of 56 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri128, 2009, 6:00:00 PM To: Mayor and Council Item C 1 From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-52: Relating to Development; approving a release of assurances for Rancho Marana 154 Block 2 and acceptance of public improvements for maintenance Discussion: Approval of Resolution No. 2009-52 will release the Assurance Agreement between Meritage Homes of Arizona under Trust No. 9106 recorded at the Pima County Recorder's Office at Docket 13033, Page 1113 and the Town of Marana, regarding Rancho Marana 154 Block 2 as depicted on Exhibit A. Rancho Marana 154 Block 2 is comprised of lots 1 through 140 and Common Areas `A' through `N'. The subdivision is recorded in Book 61 of Maps and Plats, Page 65, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 1.02 miles of the following paved streets: • Apopka Drive • Formosa Lane • Fox Hollow Drive • Hailey Lane • Lea Maw Drive • Makenna Lane • Sabal Palm Way • Temple Drive • Thomas Arron Drive The Town will accept for maintenance, a potable and non-potable water system 12,005 linear feet in length, including appurtenances, valves, water meters and fire hydrants for the above referenced project with an aggregate value of $754,580. Financial Impact: Budgeted to O&M ATTACHMENTS: Name: Description.: Type: ^ 090312 Rancho Marana 154 Block 2 Resolution.doc Rest~iutian Resolution Special Council Meeting -April 28, 2009 -Page 18 of 56 ^ Rancho Marana 154 blk 2 exhibit A_pdf Exhibit A Exhibit Staff Recommendation: Staff recommends release of the Assurances for Rancho Marana 154 Block 2 and acceptance of the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-52, approving a release of assurances for Rancho Marana 154 Block 2 and acceptance of public improvements for maintenance. Special Council Meeting -April 28, 2009 -Page 19 of 56 MARANA RESOLUTION N0.2009-52 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR RANCHO MARANA 154 BLOCK 2 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Rancho Marana 154 Block 2 is a 31.90 acre subdivision located north of Moore Road, and west of Tangerine Farms Road, containing lots 1-140, and common areas "A", through "N", and is recorded at the Pima County Recorder's Office in Book 61 of Maps and Plats, Page 65; and WHEREAS, the Town has an Assurance for the completion of public improvements; and WHEREAS, Meritage Homes, .has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Rancho Marana 154 Block 2. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. The Rancho Marana 154 Block 2 is hereby released from the Assurance Agreement with Meritage Homes under Trust 9106 . Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, approximately 1.09 miles of the following paved streets as shown on Exhibit A: • Apopka Drive • Formosa Avenue • Fox Hollow Drive • Hailey Lane • Lea Maw Drive • Makenna Lane • Sabal Palm Way • Temple Drive • Thomas Arron Drive Section 3. The Town accepts for maintenance, a 12,005 linear foot potable water system including appurtenances, valves, water meters and fire hydrants for the above referenced project with an aggregate value of $754,580. S eciai t~ouncu ~ee't°n No 20~9~ 2 p g - Ap ~, 2009 -Page 20 of 56 page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 28~' day of April, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 28, 2009, 6:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2009-53: Relating to risk management; approving and authorizing the Mayor to execute a tolling agreement with Timothy Widger and Acacia Nursery Inc. Discussion: Timothy Widger and Acacia Nursery Inc. filed a claim dated October 25, 2007 against the Town of Marana and three Town staff members for alleged harassment, trespass, and deprivation of rights arising out of enforcement actions at Acacia Nursery on Tangerine Road. Andrew Jacobs, the attorney for Mr. Widger and Acacia Nursery, now requests the Town and its officials named in the claim to execute a "tolling agreement" to toll the passage of time from the date the agreement is signed through November 1, 2009. Mr. Jacobs has expressed a concern that one or more limitation periods for filing a lawsuit on the claim will pass over the next six months if the tolling agreement is not signed. Executing the tolling agreement by or before April 30 would necessarily avoid the need to file the suit at this time, and hopefully allow the resolution of remaining issues without litigation. Development Services staff is currently working with Mr. Widger and Acacia Nursery to resolve pending code compliance issues on the property. If this tolling agreement is approved, the code compliance activities can continue without the passage of time affecting the rights of Mr. Widger and Acacia Nursery in the pending claim. ATTACHMENTS: Name: Desc1°iption: Type: ^ RESO Tolling Aoreement _ (0.0_.014332LDOC Resolution Rasolution ^ Wdger,Tolling_Agreement (00014333).PDF Exhibit A Tolling Agreement Exhibit ^ Town of Marana (00014334).PDF 10/25/07 Claim Backup Material Staff Recommendation: The proposed tolling agreement does not affect the Town's substantive rights, and may avoid the need to litigate this matter. Therefore, the Town. Attorney recommends the adoption of Resolution No. 2009-53. Suggested Motion: I move to approve Resolution No. 2009-53, approving and authorizing the Mayor to execute a tolling agreement with Timothy Widger and Acacia Nursery Inc. Special Council Meeting -April 28, 2009 -Page 23 of 56 MARANA RESOLUTION N0.2009-53 RELATING TO RISK MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A TOLLING AGREEMENT WITH TIMOTHY WIDGER AND ACACIA NURSERY INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Tolling Agreement with Timothy Widger and Acacia Nursery Inc. attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it on behalf of the Town and on behalf of John and Jane Does I through V in their official capacities. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 28th day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Special Council Meeting -April 28, 2009 -Page 24 of 56 TOLLING AGREEMENT This Tolling Agreement, effective upon the date designated below, is between Timothy Widger, an individual; Acacia Nursery, Inc., an Arizona corporation; the Town of Marana, a political subdivision of the State of Arizona; Holly Orloff, as an individual, in her official capacity as Zoning Inspector in the Marana Planning Department, and on behalf of her marital community; Robert Clements, individually, in his official capacity as Planner in the Marana Planning Department, and on behalf of his marital community; Francisco Rodriguez, individually, in his official capacity as Building Inspector in the Marana Planning Department, and on behalf of his marital community; and John .Does I-V and Jane Does I-V, in their official capacities as employees of the Town of Marana. RECITALS Timothy Widger ("Widger") is a resident of Arizona and President of Acacia Nursery, Inc. ("Acacia"), an Arizona corporation that operates a plant nursery and tree farm at 8080 W. Tangerine Road in Marana, Pima County, Arizona. 2. Widger and/or Acacia may have the right to assert legal action against the Town of Marana; Holly Orloff, individually, in her official capacity, and against her marital community; Robert Clements, individually,. in his official capacity, and against his marital community; Francisco Rodriguez, individually, in his official capacity, and against his marital community; and John Does I-V and Jane Does I-V, in their official capacities as employees of the Town of Marana (collectively, the "Marana Group"), for claims including, but not limited to, an Equal Protection claim under 42 U.S.C. § 1983 and a violation of Fourth Amendment Rights claim also under 42 U.S.C. § 1983, arising out of or relating to the Marana Group's actions with respect to an improper search of Widger's and/or Acacia's property and discriminatory enforcement of the law against Widger and/or Acacia. 3. The Marana Group desires to avoid having Widger and/or Acacia file any such legal action against it, to preserve Widger's and/or Acacia's rights against the Marana Group, and to toll any statutes of limitations applicable to any claims that Widger and Acacia may have against the Marana Group until November 1, 2009. 4. The parties hereto, for promises made and other valuable consideration had and received from one another, stipulate and covenant that any filing deadlines based on any statutes of limitation that may be applicable to the commencement of a lawsuit by Widger and/or Acacia against the Marana Group for claims including, but not limited to, claims under 42 U.S.C. § 1983, is hereby extended, waived, and tolled from the date of execution of this agreement up to and through November 1, 2009. The parties agree that the purpose of this agreement is to preserve the status quo of their respective legal positions while they work on amicable resolutions of any issues they may have. The parties hereto further agree that any defenses, equitable or otherwise (including, but not limited to, equitable estoppel, waiver, laches) that may have existed as of the date of Speci~y~ncil Meeting -April 28, 2009 -Page 25 of 56 execution of this agreement will not be affected by this agreement and remain available for assertion by any party hereto up to and through November 1, 2009. 6. The parties hereto represent and warrant that the persons executing this agreement on their respective behalf are so authorized to enter into, bind, and to execute this agreement and each intends that its representations and warranties be relied upon. DATED this day of April, 2009. TOWN OF MARANA By: Mayor of Marana TOWN OF MARANA For John and Jane Does I-V in their official capacities By: Mayor of Marana HOLLY ORLOFF In her individual and official capacities and on behalf of her marital community By: Holly Orloff ROBERT CLEMENTS In his individual and official capacities and on behalf of his marital community By: Robert Clements FRANCISCO RODRIGUEZ In his individual and official capacities and on behalf of his marital community By: Francisco Rodriguez TIMOTHY WIDGER AND ACACIA NURSERY, INC. By: Speci~~ncil Meeting -April 28, 2009 -Page 26 of 56 2 Snell &`Xlilmer L.LE LAW OFFICES One South Church Avenue Suite 1500 Tucson, AZ 85701-1630 520.882.1200 520.884.1294 {Fax) www.swlaw.com October 25, 2007 BY REGISTERED MAIL The Town of Marana c/o Frank Cassidy, Esq. Marana Town Attorney 11555 West Civic Center Drive, Building A3 Marana, AZ 85653-7006 DENVER LAS VEGAS ORANGE COUNTY PHOENIX SALT LAKE CITY TUCSON Ms. Holly Orloff Zoning Code Compliance Officer Town of Marana Planning Department, Zoning Code Enforcement 11555 West Civic Center Drive Marana, AZ 85653-7006 Mr. Robert Clements Town of Marana Planning Department Zoning Code Enforcement 11555 West Civic Center Drive Marana, AZ 85653-7006 Mr. Francisco Rodriquez Town of Marana Planning Department Zoning Code Enforcement 11555 West Civic Center Drive Marana, AZ 85653-7006 Re: Notice of Claim pursuant to A.R.S. § 12-821.01 for Harassment and Trespass and deprivation of rights guaranteed by the Arizona Constitution; Section 1983 Claims Relating To Town of Marana's Unauthorized Entry on Private Property and Selective Enforcement of Certain Laws Dear Mr. Cassidy, Ms. Orloff, Mr. Clements, and Mr. Francisco Rodriquez: This office represents Tim Widger and his business, Acacia Nursery, on Tangerine Road, with respect to actions taken by the Town of Marana. This letter is a Notice of Claim against the Town of Marana and several of its agents. A.R.S. § 12-821.01 does not require Mr. Widger to provide a claim letter in advance of suing employees of the Town of Marana pursuant to 42 U.S.C. § 1983. Tryon v. Avra Valley Fire Dist., 659 F. Supp. 283 (D. Ariz. 1986). Nonetheless, we are also providing this letter because we think it advisable to share the current state of those potential claims with you in advance of suing the Town of Marana and certain private persons employed by it on behalf of Mr. Widger and/or Acacia Nursery under both Arizona law and also 42 U.S.C. § 1983. A. Bases of Claim. On May 1, 2007, Holly Orloff of the Town of Marana sent Tim Widger notices of violation concerning his home and, separately, his nursery, Acacia Nursery, Inc. ("Nursery"). In addition to those notices, the Town of Marana, as well as separately, persons employed by it, have engaged in conduct towards Mr. Widger giving rise to claims of which we now give notice. This letter constitutes official notice pursuant to A.R.S. § 12-821.01 that Mr. Widger maintains claims against the Town of Marana, Ms. Orloff, Mr. Robert Clements Special Council Meeting -April 28, 2009 -Page 27 of 56 Snell 8 Wilmer is a member of LLX MUNDI, The Leading Association of Independent Law Firms. Snell &Wilmer L.L.E October 25, 2007 Page 2 and a building inspector known to Mr. Widger as Francisco for: (i) multiple acts of harassment and trespass; (ii) deprivation of Mr. Widger's rights to due process and equal protection under the laws as guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and Article 2, Sections 4 and 13 of the Arizona Constitution; and (iii) deprivation of Mr. Widger's right to be secure in his property and free from unreasonable searches and seizures as guaranteed by the Fourteenth Amendment to the United States Constitution and Article 2, Section 8 of the Arizona Constitution. In 2006, Marana notified Mr. Widger that the modular building located at his nursery was not installed in compliance with the setback requirements of Marana's building code. Subsequent to being notified of the alleged violation, Mr. Widger sought and obtained a variance. Marana allowed and encouraged Mr. Widger to seek the variance. On May 1, 2007, after confrontational calls with Mr. Widger, Ms. Orloff issued the Notices to Mr. Widger alleging various building code violations at the Nursery and another, separately, at his personal residence. The fact that these notices were coordinated and sent on the same date is suspicious. It shows personal animosity. It shows that Marana and its employees connected and coordinated its treatment of these items, which, of course, are not properly treated as related. On May 8, 2007, Mr. Widger sent a letter from his counsel to Ms. Orloff questioning the coordination of these notices, and requesting guidance from Marana as to how to bring both his nursery and personal residence into compliance. Since Ms. Orloff did not answer my letter directly, and in the hopes of avoiding the animosity she was displaying to Mr. Widger, Mr. Widger engaged the consulting firm PSOMAS to work with Marana's issues with his modular office building. PSOMAS asked for a meeting with the Town of Marana. During that meeting, on July 13, I am told, Town of Marana official Robert Clements informed PSOMAS that there was a long history of animosity between the Town of Marana and Mr. Widger and his family, dating back to certain issues involving Marana officials and Mr. Widger's father. This reference was surprising and entirely inappropriate. While it explains Marana's current treatment of Mr. Widger, and makes it easy to prove animus in a later lawsuit under Section 1983, it has no place in discussions that are merely aimed toward getting a building permit for a small modular office. PSOMAS, a consulting firm that obviously charges Mr. Widger for its services, was told that the Town of Marana planned to visit Acacia Nursery. PSOMAS asked for the courtesy of being allowed to accompany Town of Marana officials when they planned to visit the grounds of its client, Mr. Widger. When Ms. Loudermilk, PSOMAS' lead on the project, was unavailable on a given day chosen by Ms. Orloff for her visit, the Town of Marana decided to visit Mr. Widger's business property not once but twice at times not disclosed in advance to Mr. Widger, PSOMAS, or counsel. The inspection that then followed with no prior notice to Mr. Widger prevented him from being present by himself or through his representatives. This act in itself is harassing, intendedly intimidating, and completely unreasonable, in a matter in which he is represented by counsel and also by a consulting firm. Special Council Meeting -April 28, 2009 -Page 28 of 56 Sne11 &Wilmer L.L.P. October 25, 2007 Page 3 The content of the inspections was worse. Marana personnel (I can't cite their names, as they did not leave identification with Acacia employees, and they visited when Mr. Widger was not present) did their work in a gratuitously and intendedly intimidating way, taking pictures, I am told, of essentially the entire Acacia Nursery parcel. Underscoring the intent to use legal processes to harass Mr. Widger,. Marana officials have refused Mr. Widger's requests for copies of project notes and pictures through PSOMAS, thus leaving him in the dark about what enforcement actions are contemplated, and why the materials are sought. I am told that in response to many, many phone calls from PSOMAS, Town of Marana officials declined substantive comment and generally declined to return the calls. After a considerable expenditure of time by PSOMAS designed to elicit dialogue, we are simply told that .John Huntley is preparing a report of unspecified findings. The inspections were tortious, harassing, and effected a violation of Mr. Widger's (and his business') constitutional rights on many levels. First, Mr. Widger gave Marana no permission to inspect and to take pictures of the entire nursery. The grounds of Acacia Nursery are not entirely open to the public, but Marana's inspectors nonetheless entered upon grounds and took pictures of grounds not open to the public, with no prior permission. Second, you already confirmed with me (put another way, Marana already confirmed to Tim Widger) in August 2005 that Marana had an agricultural exemption, holding exempt from zoning requirements those structures used in agriculture and which either store agricultural equipment or are not open to the public. My understanding is that Marana inspectors entered such structures without permission, though Marana confirmed in 2005 that those structures are not reached by Marana zoning regulations. Third, irrespective of any agricultural exemption, Marana's inspections (and extensive photography) of any structure other than the modular office were also facially improper because those structures would be, at the most, prior nonconforming uses. Photographing and inspecting these structures serves only to harass and intimidate. Had the inspectors, Ms. Orloff, Mr. Clements, or Marana wanted to understand what was proper to examine, they had representatives of Mr. Widger who were (at Mr. Widger's expense) trying to work with them, and trying to attend their impromptu visits. To the extent they stepped across a constitutional line, they did so very willfully and in a way we believe would offend a trier of fact. Each of the inspectors' intentional and unauthorized entries upon restricted areas of the Nursery constitutes an unlawful trespass under Arizona Iaw. See Phoenix Control Systems, Inc. v. Insurance Co. of North America, 165 Ariz. 31, 36, 796 P.2d 463, 468 (1990). Additionally, the inspectors' actions in entering upon restricted areas of the Nursery and photographing the structures thereon without authorization and without presenting a warrant, which actions were undertaken ostensibly in furtherance of their official governmental duties and under color of state law, constitute an unreasonable search and seizure in violation of the Fourth Amendment of the United States Constitution and Article 2, Section 8 of the Arizona Constitution. Consequently, the Inspectors are liable for these unreasonable searches and seizures under 42 U.S.C. § 1983. See, e.~., Soldal v. Cook County. Ill., 506 U.S. 56, 61, 113 S.Ct. 538, 543 (1992) (holding that right of the people to be secure in their persons, houses, papers, and effects, against unreasonable Special Council Meeting -April 28, 2009 -Page 29 of 56 Snell &Wilmer L.L.E October 25, 2007 Page 4 searches and seizures is equally as applicable when a search or seizure is undertaken to verify compliance with a housing code violation, as when undertaken in furtherance of a criminal investigation). Each of the inspectors' unauthorized entries appears to be only the latest manifestations of a concerted pattern and practice of harassment by Marana against Mr. Widger, a practice that dates back at least to the issuance of the Notices. Indeed, while the Notices ostensibly address violations of various codes on Mr. Widger's property, their issuance was not undertaken in furtherance of a legitimate government interest. Rather, it is clear that Marana's issuance of the Notices was motivated by their significant animus towards Mr. Widger-the truth of which is not only revealed through inappropriate comments to his agents, and by Marana's simultaneous issuance of Notices affecting both Mr. Widger's professional and personal interests, but also by Marana's trespasses at both Mr. Widger's business and personal properties. The home trespass adds to the disturbing picture. Marana has complained that Mr. Widger completed anine-foot tall wall on his property. However, a Marana inspector, Francisco Rodriquez' advised Mr. Widger orally that he, Francisco, had looked over Mr. Widger's privacy wall and seen within Mr. Widger's backyard other potential violations, including plumbing and electrical work that had not been appropriately permitted. The problem with this is that those items that were the subject of Francisco's threats of additional notices of violation are not visible from outside Mr. Widger's property, and can only be viewed by trespassing and looking in over the wall. Nothing gave him or Marana the right to do that, but the fact that he did it speaks amply to the animus Marana, in surprising candor, admitted harboring against Mr. Widger. This is a federal constitutional tort, a violation of state rights of due process and equal protection, and a state law trespass and harassment. While a plaintiff in a matter such as this may have to show differential treatment to make out a claim for violation of equal protection rights, we trust you would agree that Marana does not as a general matter endorse and pursue trespass upon properties of its residents and businesses, and certainly does not engage as a general matter in patterns of trespass directed at particular persons. For this reason, differential treatment seems to us to be very clearly present and the requirement of showing it is easily met. It thus appears that Marana has adopted an official policy of seeking to harass and injure Mr. Widger, a policy it has implemented through the issuance of the Notices and unauthorized entries on Mr. Widger's properties. At a minimum, it is clear that several Marana officials and employees have embarked on a campaign to harass and injure Mr. Widger, and in doing so have abused their respective offices. The issuance of the Notices and subsequent conduct of the inspectors also constitute. violations of Mr. Widger's rights to due process and equal protection under the law as protected by the Fifth and Fourteenth Amendments of the United States Constitution and Article 2, Sections 4 and 13 of the Arizona Constitution. Indeed, even if it were later determined that Though his last name was not then stated to Mr. Widger, we believe this to be Mr. Francisco Rodriquez, because he is the only Francisco evident in the Marana website under the Building Inspector subheading. Special Council Meeting -April 28, 2009 -Page 30 of 56 Snell &Wilmer L.L.P October 25, 2007 Page 5 violations of applicable codes exist, Marana's actions in issuing the Notices and causing its inspectors to unlawfully enter and photograph the Nursery constitute selective enforcement of otherwise valid laws, which when coupled with its improper motive, are actionable under 42 U.S.C. § 1983. City of Oakland v. Abend, 2007 U.S. Dist. LEXIS 53186 (D. Cal. 2007) (holding that a plaintiff can establish a § 1983 claim for violation of the Fourteenth Amendment's equal protection clause by demonstrating that the government's selective enforcement of an otherwise valid law is a pretext for discrimination based on impermissible motives). The tortious and harassing acts toward Mr. Widger and his business have caused him emotional distress and injury, as he believes his business is hanging by a thread and that Marana or its employees may take more drastic steps against his business any day. B. Amount of Claim. Based upon the foregoing, Mr. Widger asserts the following claims for damage against Marana, and Ms. Orloff, Mr. Clements, and Francisco in their individual capacities: $1,000,000 against Marana; $500,000 against Ms. Orloff; $500,000 against Mr. Clements; $200,000 against Francisco. Mr. Widger reserves the right to add claims and join additional parties. If Ms. Orloff, Mr. Clements, or Francisco contend that one is necessary, please consider this letter to be a demand for compensation pursuant to A.R.S. § 12- 821.01. C. Preservation of Documents. While we trust that Marana has been preserving e- mail and all other documents relating to Mr. Widger's matter since May 1, 2007 (given that Mr. Widger's counsel wrote to Ms. Orloff questioning the propriety of the May 1 notices, and given that Marana responded by counsel in the office of the Town Attorney rather than .from employees), this letter is also our request that you continue to preserve for the contemplated litigation the following documents (which includes a-mails in each case): (1) All documents conceming or mentioning Mr. Widger and/or Acacia Nursery; (2) All documents concerning contacts with PSOMAS while it has acted an a representative of Mr. Widger; (3) All communications between any counsel in the Town Attorney's office and Marana officials or employees concerning Mr. Widger and/or Acacia; (4) All documents concerning any plans of the Town of Marana that Tangerine Road comprise a scenic corridor; {5) All documents concerning Marana's request that Mr. Widger agree to annexation into Marana; Special Council Meeting -April 28, 2009 -Page 31 of 56 Snell &Wilmer L.L.E October 25, 2007 Page 6 {6) All documents concerning the annexation of Mr. Widger's (and other parcels), including those necessary to show the benefits to Marana and why Marana wanted to annex that land; (7) All e-mail within the work accounts of Ms. Orloff, Mr. Clements, and Francisco relating in any way to the subject matter of this letter; (8) All documents relating to Mr. Widger's father and his dealings with Marana; and (9) Any other documents within the scope of Ariz. R. Civ. P. 26.1, given the claims outlined within this letter. I am available, Mr. Cassidy, if you would like to discuss a reasonable resolution to the above, including the processing of a request for building permit as to the modular office building, granting a variance for Mr. Widger's sign on Tangerine, entering into a consent order that the balance of his business is in compliance with Marana code, and that Marana and persons paid by it will not harass Mr. Widger, his family, or his business. Sincerely, Snell & Wilmer, LLP ~~ J~v Andrew M. Jacobs 475813.2 Special Council Meeting -April 28, 2009 -Page 32 of 56 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri128, 2009, 6:00:00 PM To: Mayor and Council Item A 1 From: Suzanne Machain ,Human. Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-54: Relating to Personnel; approving and authorizing staff to implement the Voluntary Reduction in Pay plan (VRIP) for fiscal year 2010; and declaring an emergency Discussion: On March 24, 2009 the Town Council received a briefing from staff on a proposed methodology for moving forward with preparation of the FY 2010 budget. As part of this presentation, staff outlined a system of categorizing expenditure reductions and revenue enhancement options ranged on a continuum from those that caused the least disruption and impact to personnel and services (Level 1) to those that had the most impact to personnel and services (Level 3). As part of Level 3, staff identified several tools that needed to be developed and adopted by the Council in order to include voluntary reductions in personnel costs as part of the FY 2010 budget preparation process. This agenda item outlines the Voluntary Reduction in Pay (VRIP) policy. The VRIP would allow employees to elect a voluntary pay reduction by reducing their hours in one of three ways: job-sharing a full-time position with another employee; a regular reduction of hours each pay period to part-time status; or election of unpaid furlough days, with a minimum election of five days without pay and additional days in one-day increments up to 15 days. The election must be made by May 19, 2009 and would be effective throughout FY 2010 subject to the guidelines of the VRIP policy. Employees electing to participate in the VRIP shall receive credit for reductions taken, if mandatory reductions in work hours/pay are instituted at a later date. Below is a summary of the key features of the VRIP: 1. Employees must declare their intent to participate in the program by May 19, 2009. 2. Full-time employees can voluntarily request apart-time job or job sharing options. 3. Employees must maintain a minimum of 20 hours per week to maintain their benefit eligibility. 4. Job sharing proposals must include a delegation of job responsibilities and assignments to each employee in the job share. The performance of such work assignments must fully meet operational needs. 5. Employees can voluntarily identify a minimum of five unpaid furlough days and a maximum of 15 unpaid furlough days to be taken in FY 2010. These days will be given priority scheduling within their department. 6. If any mandated furlough days were to be implemented in FY 2010, employees will receive credit for voluntary furlough days taken (i.e., voluntary furlough days will be subtracted from the mandated Special Council Meeting -April 28, 2009 -Page 33 of 56 furlough days). The VRIP program outline is attached to the Resolution for this item. ATTACHMENTS: Name: Deseriptian: Type: ^ VRIP Pro_gram.Outline 100014303-3).DOC Exhibit A Exhibit ^ Reso VRIP approval 00( 014300~.DOC Resolution Resolution Staff Recommendation: Staff recommends that the proposed VRIP plan be approved and that staff be authorized to implement it for FY 2010. Suggested Motion: I move to approve Resolution No. 2009-54, approving and authorizing staff to implement the Voluntary Reduction in Pay plan for fiscal year 2010; and declaring an emergency. Special Council Meeting -April 28, 2009 -Page 34 of 56 VOLUNTARY REDUCTION IN PAY (VRIP) PROGRAM OUTLINE The purpose of the Voluntary Reduction in Pay program (VRIP) is to provide an opportunity for employees to voluntarily elect certain pay reductions and commensurate reduction in work hours as a part of the budget modification program for FY 2010. The VRIP is intended to provide alternatives in lieu of possible position reductions by supporting flexible job restructuring and other pay/hour reductions while maintaining employment and/or benefit eligibility. The VRIP, as described in this program outline, shall apply for FY 2010 only, subject to the timelines described herein. Eligibility This program shall be available to all Town departments and all classified and unclassified employees, except for employees serving as certified peace officers. Any actions taken pursuant to the VRIP program shall be in compliance with the provisions of the Personnel Policies and Procedures where applicable. Employee elections under this program will remain in effect for the entire FY 2010. Definitions 1. Benefit-elig: ble-regular full- and part-time classified and unclassified employees. Part-time employees must have a normal schedule that is at least 20 hours but less than 40 hours per week. 2. Department SenioritX for the purposes of this policy only, this is defined as the length of service in a department, from the most recent date of hire. 3. Furlough-unpaid time off from work 4. FY 201.0-July 1, 2009 through June 30, 2010. 5. Job Sharing-two employees who coordinate the work responsibilities of a single budgeted position so that the work responsibilities are fully assigned and the employees' hours combined are no more than 1.0 FTE (full time equivalent) or amount budgeted in the position. Policies and Procedures VOLUNTARY FURLOUGH DAY5 Employees may elect to take voluntary furlough days. The following criteria must be met: 1. The voluntary furlough days should be scheduled as far in advance as possible to accommodate department operations. To the extent that early scheduling of days Special Council Meeting -April 28, 2009 -Page 35 of 56 E~i'HIBIT' A off is not possible, employees must schedule and receive approval for specific days off no later than January 31, 2010. All voluntary furlough days must be used during FY 2010 (i.e. no later than June 30, 2010). 2. Employees electing voluntary furlough days must elect a minimum of five furlough days. Employees may opt for more days in one-day increments, up to and including 15 days of furlough. 3. Employees must identify the number of voluntary furlough days they will take in FY 2010 by completing a VRIP election form between April 29, 2009 and May 19, 2009. The form must be submitted to the employee's Department Head for concurrence and then forwarded to the Human Resources Department. All requests must be approved by the Town Manager before the employee may take the furlough days. 4. Furlough days must be taken in whole day increments. Employees may take the days individually or multiple days at a time. 5. Employees electing voluntary furlough days shall receive priority over other employee requests for leave, unless the department has already approved a day off for another employee and operational considerations do not allow for more staff to be off. 6. If two or more employees submit requests for voluntary furlough days for the same day and operational considerations do not allow for all requesting employees to be absent, the day off will be awarded based on department seniority. 7. If furlough days are mandated by the Town of Marana at a later date and an employee has already elected to take voluntary furlough days, the voluntary furlough days will be credited toward the mandated furlough time. 8. If an employee separates from employment with the Town during FY 2010, the post-separation furlough days already scheduled, but not taken, will not be deducted from the employee's final pay check. 9. Employees approved for voluntary furlough days may begin taking the furlough days on or after the first pay period in FY 2010 with Department Head approval regarding scheduling. VOLUNTARY REDUCTION IN HOURS Employees may voluntarily request a reduction in hours from their regular work schedule. This would result in a commensurate reduction in pay. The following criteria must be met: 1. If approved, the reduction of hours shall remain in place for the entire FY 2010. 2. Employees requesting a voluntary reduction in hours must complete the VRIP election form between April 29, 2009 and May 19, 2009. The form must be submitted to the employee's Department Head for concurrence and then forwarded to the Human Resources Department. All requests must be approved by the Town Manager before the employee may begin working the requested schedule. The request will be subject to operational considerations, but departments will give every consideration where possible. Special Council Meeting -April 28, 2009 -Page 36 of 56 EXHIBIT A 3. Employees must maintain a normal work week of 20 hours or more to remain benefit-eligible. Employees may volunteer to reduce their hours further; however, employees working less than 20 hours per week will not remain benefit-eligible. 4. The operational needs of the Town of Marana must be met. 5. If approved, the voluntary reduction in hours shall become effective beginning with the first pay period in FY 2010. JOB SHARING Employees may submit a proposal to job share afull-time budgeted position with another employee. Salary or hours paid would be reduced commensurate with the job share percentage. The following criteria must be met: 1. If approved, the job share and commensurate pay reduction shall remain in place for the entire FY 2010. 2. Employees requesting to job share must complete the Job Sharing Proposal form between April 29, 2009 and May 19, 2009. The form must be submitted to the employees' Department Head(s) for review and concurrence and then forwarded to the Human Resources Department. All requests must be approved by the Town Manager before the employees may begin working the requested schedule. The request will be subject to operational considerations, but departments will give every consideration where possible. 3. The operational needs of the Town of Marana must be met. 4. Employees must maintain a normal work week of 20 hours or more to remain benefit-eligible. Employees electing to job share may reduce their hours further; however, employees working less than 20 hours per week will not remain benefit- eligible. 5. If approved, the job share proposal shall become effective beginning with the first pay period of FY 2010. Special Council Meeting -April 28, 2009 -Page 37 of 56 EXHIBIT A MARANA RESOLUTION N0.2009-54 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IlvIPLEMENT THE VOLUNTARY REDUCTION IN PAY PLAN (VRIP) FOR FISCAL YEAR 2010; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 9-240 (A) to control the finances of the Town; and WHEREAS the Town Council finds that authorizing staff to implement the Voluntary Reduction in Pay plan (VRIP) for fiscal year 2010 as described in the VRIP program outline is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Voluntary Reduction in Pay plan (VRIP) for fiscal year 2010 as described in the VRIl' program outline, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Voluntary Reduction in Pay plan. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 28th day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Special Council Meeting -April 28, 2009 -Page 38 of 56 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, Apri128, 2009, 6:00:00 PM To: Mayor and Council Item A 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-55: Relating to Personnel; approving and authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 2010; and declaring an emergency Discussion: On March 24, 2009 the Town Council received a briefing from staff on a proposed methodology for moving forward with preparation of the FY 2010 Budget. As part of this presentation, staff outlined a system of categorizing expenditure reductions and revenue enhancement options ranged on a continuum from those that caused the least disruption to personnel and services (Level 1) to those that had the most impact to personnel and services (Level 3). Regarding Leve13, staff identified several tools that needed to be developed and adopted by the Council in order to include voluntary reductions in personnel costs as part of the FY 2010 budget preparation process. This agenda item specifically outlines the Separation Incentive Plan (SIP). The SIP provides incentives to employees who voluntarily separate employment due to a retirement or a resignation and who notify the Town in writing by May 19, 2009 that they will end their employment with the Town, with their last day of work occurring no later than August 31, 2009. Below is a summary of the key features of the SIP: 1. Employees must declare their intent to participate in the program by May 19, 2009: 2. Employees will be required to submit a written notification of their decision to retire or resign stating they will leave Town employment no later than August 31, 2009. 3. The Town will provide a 50% pay out of the employees sick leave bank. 4. Participants will remain on the Town's life insurance plan at no cost for one year at one times the employee's annual salary. 5. Under current Town Policy, employees may elect COBRA to continue their medical benefits for up to 18 months. In addition, the Town would provide a 6 month subsidy of $150 per month to either the Town medical plan or the retiree medical plan. 6. The Town will pay severance at 1.5 to 2% per year for each year of Town employment prorated to the pay period, not to exceed $50,000. The percentage of base salary that will be used to calculate an employee's severance pay will be based upon the employee's years of service to the Town, as follows: 0 to 10 years = 1.5% >10 to 15 years = 1.75% Special Council Meeting -April 28, 2009 -Page 39 of 56 >15 yearn= 2.0% The SIP program outline is attached to the Resolution for this item. ATTACHMENTS: Name: Description: TE~pe: ^ Reso re 1]j1]..SIP approval {00014299).DOC Resolution Resolution ^ SIP program outline X014302-5)_DOC Exhibit A Exhibit Staff Recommendation: Staff recommends that the SIP be approved and that staff be authorized to implement it as set forth in the program outline. Suggested Motion: I move to approve Resolution No. 2009-55, approving and authorizing staff to implement the Separation Incentive Plan for fiscal year 2010; and declaring an emergency. Special Council Meeting -April 28, 2009 -Page 40 of 56 MARANA RESOLUTION N0.2009-55 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT THE SEPARATION INCENTIVE PLAN (SIP) FOR FISCAL YEAR 2010; AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by A.R.S. § 9-240 (A) to control the finances of the Town; and WHEREAS the Town Council finds that authorizing staff to implement the Separation Incentive Plan (SIP) for fiscal year 2010 as described in the SIP program outline is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Separation Incentive Plan (SIP) for fiscal year 2010 as described in the SIP program outline, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Separation Incentive Plan, to include the execution of separation agreements in compliance with the provisions of the Separation Incentive Plan as described in the SIP program outline. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 28~' day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Special Council Meeting -April 28, 2009 -Page 41 of 56 SEPARATION INCENTIVE PLAN (SIP) PROGRAM OUTLINE The purpose of the Separation Incentive Plan (SIP) is to provide incentives to retirement-eligible and other employees who wish to voluntarily separate their employment with the Town in order to facilitate reductions to the FY 2010 budget during the current economic crisis. This program is being offered to afford the Town the opportunity to reduce positions based on voluntary actions in lieu of mandatory reductions, such as furloughs, job reductions or layoffs. The SIP, as described in this program outline, shall apply for FY 2010 only, subject to the timelines described herein. Eligibility This program applies to all Town departments and to all classified and unclassified employees who are retirement-eligible in either the Arizona State Retirement System or the Public Safety Personnel Retirement System and to all benefit-eligible classified and unclassified employees who elect to resign. Definitions 1. Benefit-eligible-regular full- and part-time classified and unclassified employees. Part-time employees must have a normal schedule that is at least 20 hours but less than 40 hours per week. 2. ASRS-Arizona State Retirement System 3. COBRA-Consolidated Omnibus Benefits Reconciliation Act provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a qualifying event such as loss of employment would normally result in the loss of eligibility. 4. FY 2010-July 1, 2009 through June 30, 2010. 5. Incentives-one-time financial assistance to support the retirement-eligible or resigning employee in his or her transition. 6. PSPRS-Public Safety Personnel Retirement System. 7. Retirement-eligible employees-employees who have accumulated the necessary credited service in a public entity retirement system or in the military service and/or attained the necessary age to qualify for ASRS or PSPRS retirement. 8. Timeline the dates within which retirement-eligible and resigning employees must notify the Town of their decision to retire and/or resign. 1 Special Council Meeting -April 28, 2009 -Page 42 of 56 EXHIBIT A Policies and Procedures Election 1. Employees who decide to separate their employment and take advantage of this program must notify the Human Resources Department of their decision to elect retirement or to resign. 2. The Human Resources Department must receive the notification by May 19, 2009 and the retirement or resignation must be effective by August 31, 2009. 3. The Human Resources Department will respond to all employees who elect to participate in this program and will contact ASRS or PSPRS as appropriate to facilitate employee consultation. Incentives 1. Sick-Leave Pa,,~ Participants in the SIP will receive a 50% payout of their accrued sick leave. 2. Life Insurance Continuation. Participants will remain on the Town's basic life insurance plan at the Town's expense at one times their salary for one year. 3. Medical Plan Subsidy. Participants will receive a subsidy of $150 per month for six months following their separation to offset the costs of COBRA continuation coverage or coverage under the participant's retirement health care plan. This subsidy shall be payable either directly to the participant's health care plan or to the participant, as appropriate. 4. Severance Pay. Participants will receive severance pay in an amount equal to a percentage of the participant's annual base salary multiplied by the participant's length of service with the Town. The percentage of base salary that will be used to calculate a participant's severance pay will be based upon the participant's length of service with the Town as follows: Length of Service % of Annual Base Salary 0 to 10 years 1.5 > 10 to 15 years 1.75 > 15 years 2.0 Examples: • $40,000 annual base salary, 5 years of service: $40,000 x .015 = $600 x 5 years = $3,000 severance pay • $40,000 annual base salary, 11 years of service: $40,000 x .0175 = $700 x 11 years = $7,700 • $40,000 annual base salary, 16 years of service: $40,000 x .02 = $800 x 16 years = $12,800 2 Special Council Meeting -April 28, 2009 -Page 43 of 56 EXHIBIT A Participants will receive credit for partial years of service under this formula. Notwithstanding this formula, the total amount of severance pay that will be paid to any participant is capped at a maximum of $50,000. Separation Agreement Employees who elect to retire or resign,and accept the SIl' incentives will be required to enter into a separation agreement with the Town. 3 Special Council Meeting -April 28, 2009 -Page 44 of 56 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 28, 2009, 6:00:00 PM To: Mayor and Council Item A 3 From: Deb Thalasitis ,Assistant Town Manager Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-56: Relating to Personnel; approving and authorizing staff to implement the Worker Recession Assignment Program (WRAP); and declaring an emergency Discussion: On March 24, 2009 the Town Council received a briefing from staff on a proposed methodology for moving forward with preparation of the FY 2010 Budget. As part of this presentation, staff outlined a system of categorizing expenditure reductions and revenue enhancement options ranged on a continuum from those that caused the least disruption to personnel and services (Level 1) to those that had the most impact to personnel and services (Leve13). Regarding Leve13, staff identified several tools that needed to be developed and adopted by the Council in order to include voluntary reductions in personnel costs as part of the FY 2010 budget preparation process. This agenda item specifically outlines the Worker Recession Assignment Plan (WRAP). The WRAP is along-term temporary assignment program that allows the Town Manager to move internal resources to where staffing needs are required, potentially allowing the elimination of a position where workload is being affected by the economic downturn, while at the same time preserving an individual's employment with the Town. Below is a summary of the key features of the WRAP. 1. An employee may be placed in a WRAP assignment on a voluntary or directed basis. 2. During a designated WRAP period, all vacant positions are reviewed for a possible WRAP assignment if they are being filled at all. Rather than filling a position, critical portions of the responsibilities of the position may constitute a WRAP assignment in addition to an employee's regular assignment. 3. The Human Resources Department will coordinate a competitive process for WRAP assignments including defining competencies required and pay. 4. Employee will be able to retain their current benefits provided they are working at least 20 hours per week. 5. Pay changes will be made in accordance with the Town's Personnel Policies and Procedures regarding demotion, promotion, and lateral transfer. Pay changes will be temporary and only for the duration of the WRAP, unless an employee is selected and serves in a vacant position on a regular ongoing basis. 6. A WRAP assignment can be ended at any time with the approval of the Town Manager or designee. Special Council Meeting -April 28, 2009 -Page 45 of 56 7. The WRAP "umbrella" period may be initiated and extended for up to 36 months by the Town Manager, without additional Council authorization. This would permit all vacant positions and work assignments to be reviewed through the WRAP process. 8. If a vacant position cannot be filled through the WRAP process, it may then proceed to an external recruitment. This may be because of specialized requirements (i.e. police officer, software engineer) that cannot be filled by existing staff within the Town. 9. Finally, ability to participate in the WRAP and to remain in a WRAP assignment is contingent upon acceptable job performance. The WRAP program outline is attached to the resolution for this item. Financial Impact: This program is expected to produce incremental savings throughout FY 2010 as the town "in-sources" work previously "out-sourced" (i.e. land development code rewrite, construction observation and inspection) and as vacancies occur and work can be restructured. ATTACHMENTS: Name: Description: Type: ^ Reso re WRAP ao royal (00014298).DOC Resolution Resolution ^ WRAP._program outline X00014165-3).DOC Exhibt A Exhibit Staff Recommendation: Staff recommends approval of the resolution adopting the WRAP program and authorizing staff to implement it based on the guidelines set forth in the program outline. Suggested Motion: I move to approve Resolution 2009-56, approving and authorizing staff to implement the Worker Recession Assignment Program (WRAP); and declaring an emergency. Special Council Meeting -April 28, 2009 -Page 46 of 56 MARANA RESOLUTION N0.2009-56 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING STAFF TO IMPLEMENT THE WORKER RECESSION ASSIGNMENT PROGRAM (WRAP); AND DECLARING AN EMERGENCY WHEREAS the Town Council is authorized by Section 3-3-3 of the Marana Town Code to adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council finds that authorizing staff to implement the Worker Recession Assignment Program (WRAP) as described in the WRAP program outline is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCII. OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town. of Marana hereby approves the Worker Recession Assignment Program as described in the WRAP program outline, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Worker Recession Assignment Program. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 28th day of April, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Special Council Meeting -April 28, 2009 -Page 47 of 56 WORKER RECESSION ASSIGNMENT PROGRAM (WRAP) PROGRAM OUTLINE The Worker Recession Assignment Program (WRAP) is designed to maintain the Town's organizational health during these unprecedented economic times, positioning the Town for a quick rebound when the economic recovery begins. The primary objective of the WRAP is to ensure the stability of the Town's workforce by maintaining and fully using the talent that exists within the organization. The WRAP protects institutional memory and the expertise that is developed from employee longevity and experience within the Town organization. The WRAP addresses 'the Marana Strategic Plan Focus Area: Progress and Innovation. WRAP Period A. The Town Manager is authorized to institute a WRAP period based upon an analysis of the budget and revenue needs of the Town. The Town Manager may consider implementing a WRAP period when the Town's major sources of revenue show a sustained decline year over year for two consecutive quarters or when the Town's budgeted expenditures exceed actual revenues for two consecutive quarters. The declines and/or revenue losses do not need to occur in the same fiscal year. B. Once a WRAP period has been declared by the Town Manager, the provisions of the WRAP shall apply to eligible employee participants. All eligible position vacancies shall be subject to evaluation for a WRAP assignment during this period. WRAP Definition A. The WRAP is a Town-wide work reassignment program for all classified employees to allow rapid deployment of employees from one position or assignment to another throughout the Town of Marana. The program provides for voluntary reassignments and directed reassignments as work is available, in the sole opinion of the Town Manager, or the Presiding Judge for Municipal Court positions. I. Voluntary Reassi ent -applies to a current regular full-time or part- time classified employee who voluntarily requests and moves to a WRAP assignment. The provisions of this policy related to Voluntary Reassignment shall govern the employment of employees who seek and accept a voluntary reassignment. 2. Directed Reassignment -applies to a current regular full-time or part-time classified employee who is directed to move into a WRAP assignment (non-voluntary). The provisions of this policy related to Directed Reassignment shall govern the employment of employees who are directed by the appointing authority into a WRAP assignment. 1 Special Council Meeting -April 28, 2009 -Page 48 of 56 EXHIBIT A B. WRAP assignments fall into one of the following categories based on workload needs: 1. Special Project WRAP - A WRAP assignment may include a special project or series of projects. Typically a Special Project WRAP is created when the Town identifies planned and budgeted work that can be done "in-house," that might otherwise be performed through contracts or consulting services outside of the organization. During a declared WRAP period, all special project type work shall be reviewed for a WRAP assignment unless it has been determined by the Town Manager that the project is exempted from the WRAP. a. A Special Project WRAP shall have an estimated beginning and ending date with specific objectives and deliverables. b. Employees serving in a Special Project WRAP shall report to the supervisor and department responsible for each project they have been assigned. c. A Special Project WRAP may be full or part-time and may supplement an employee's workload in addition to work being performed in their regular position. However, additional work assignments shall not result in regular or routine overtime expenses for non-exempt employees. d. An employee may hold one or more Special Project WRAP assignment in addition to, or in lieu of, their regularly assigned work. However, multiple assignments should not be made where such assignment(s) result(s) in regular or routine overtime expenses for non-exempt employees. e. The Human Resources Director, in consultation with the Department Head, shall establish the qualifications needed for placement into a Special Project WRAP. f. The Town Manager may end a Special Project WRAP assignment at any time. 2. Vacant Position WRAP - A WRAP assignment may be related to the performance of all or a portion of the essential functions of a vacant position. During a declared WRAP period, all vacant positions shall be reviewed for a WRAP assignment, unless it has been determined by the Town Manager that the position will not be filled or the position is exempted from the WRAP. This determination will be made on the Town's personnel requisition form. a. If workload warrants the filling of a vacant position and the recruitment is authorized by the Town Manager, the Human Resources Director, in consultation with the Department Head shall determine if all or a portion of the essential functions of the position may be performed as a WRAP assignment. b. Positions in classifications requiring specific professional certifications or technical training/education may be 2 Special Council Meeting -April 28, 2009 -Page 49 of 56 EXHIBIT A exempted from the WRAP by the Town Manager, upon recommendation of the Department Head and Human Resources Director. This may include, but not be limited to, classifications requiring Arizona POST certification and positions where professional designations such as "Professional Engineer (PE)," or "Certified Public Accountant (CPA)," are immediately required or desirable. The Human Resources Director shall maintain a list of classifications exempt from the WRAP in order to expedite recruitment. c. Once the Town Manager has approved a vacant position or portion of a vacant position for inclusion in the WRAP, the Human Resources Director, in consultation with the Department Head, shall establish the qualifications needed for placement. The Human Resources Director shall establish an internal competitive process for selection and appointment to a WRAP position. d. The Town Manager may end a Vacant Position WRAP assignment at any time. WRAP Duration A. The Town Manager is authorized to institute a WRAP period for the period of time he or she deems necessary, up to 36 months, based upon an analysis of the budget and revenue needs of the Town. B. The Town Manager may extend a WRAP period after the first 36 months, with Town Council approval. If a WRAP period is extended, the provisions of the WRAP shall continue to apply to participants who are working in voluntary or directed reassignment positions and to all eligible position vacancies and special project work. C. A WRAP assignment (either special project or vacant position, voluntary or directed) may begin and end at any time during a WRAP period with approval of the Town Manager or designee. If this occurs, an employee may be returned to his/her primary job responsibilities if the employee's regular position is available. WRAP Requirements for Participants All regular full-time and part-time classified employees are eligible to participate in the WRAP, subject to the following conditions: A. Performance Evaluation. The employee's performance history shall be considered in a WRAP assignment. The employee's most recent performance evaluations for the past 12-month period in his or her regular classification must be at the level of "met with some improvement needed" or higher. The employee must maintain a performance evaluation rating of "consistently met" or higher during the period of the WRAP assignment. 3 Special Council Meeting -April 28, 2009 -Page 50 of 56 EXHfBIT A B. Discipline. At the time of application for a WRAP assignment, or direction to a WRAP assignment, an employee must not have been subject to a work improvement plan or have received any formal discipline, including a documented verbal reprimand, for the preceding 12 months. If an employee is subject to a work improvement plan or formal discipline during the WRAP assignment, the employee may be returned to his/her primary job responsibilities and regular position, if available. C. Essential Functions. The employee must be willing and able to perform the essential functions of the WRAP assignment with or without a reasonable accommodation. D. Job-Required Certifications. The employee must agree to obtain any special certifications required by the WRAP assignment or position within asix-month period of accepting the assignment or position and agrees to maintain those certifications for the duration of the WRAP assignment. The Town shall pay for those certifications that are required by the Town. E. Background. An employee shall be required to meet all employment history and background requirements for placement in WRAP assignment or position. F. Equivalent Work Hours. The WRAP is not a tool to increase apart-time position to a full-time position. Where possible, employees participating in a WRAP assignment or position will receive the same number of regular work hours (i.e. 8 hours to 8 hours; 6 hours to 6 hours, etc.) WRAP Recruitment and Placement Process The Town will make every effort to place interested employees in a WRAP assignment that provides the best match between employees regular positions and their education, skills and abilities. However, the Town shall not be required to make an equivalent match in classification and/or compensation. The Human Resources Director is responsible for developing specific procedures to effect recruitment and placement activities for WRAP assignments. Overall responsibilities shall include the following: A. The Human Resources Director, in consultation with the Department Head, shall identify the minimum requirements of a WRAP assignment and a description of the assignment, including essential functions. B. The Human Resources Director shall develop a method for employees to identify their related education, experience and transferrable skills as a supplement to an employment application for a WRAP assignment. C. The Human Resources Director shall post all Special Project WRAP and Vacant Position WRAP assignments internally (within the Town) for consideration by all classified Town employees, including employees of the Municipal Court. D. Where multiple applicants vie for the same voluntary WRAP assignment, the Human Resources Director shall ensure a competitive selection process, using standard human resources best practices. The final selection among multiple voluntary applicants shall be made by the 4 Special Council Meeting -April 28, 2009 -Page 51 of 56 EXHIBIT A Department Head of the department where the assignment is located. The provisions outlined in this policy for a Voluntary Reassignment shall apply to the selected applicant. E. If no applications are received for a WRAP assignment, the Human Resources Director shall work with all Department Heads to identify positions within the Town where the workload has decreased or is expected to decrease due to economic conditions and/or reorganization of workload where financial and operating efficiencies can be achieved. Employees in positions affected by such a change in workload may be moved to a WRAP by Directed Reassignment. If this occurs, the provisions outlined in this policy for a Directed Reassignment shall apply to the employee being directed to a WRAP assignment. Pay and Benefits During a WRAP Assignment A. The Human Resources Director shall be responsible for recommending the rate of pay or pay range for a WRAP assignment using standard human resources best practices for pricing jobs and work assignments. The Town Manager or designee shall approve the pay or pay range for the WRAP assignment or position. B. The Town's Personnel Policies and Procedures concerning lateral transfer, demotion or promotion shall govern an employee's rate of pay while performing a WRAP assignment. Any salary change shall be temporary during the period of the WRAP assignment. C. An employee shall retain all leave, health and welfare benefits provided by the Town's Personnel Policies and Procedures while serving in a WRAP assignment. This includes leave accrual and service credit toward seniority and leave accrual rates. Promotion/Demotion/Transfer during a WRAP Assignment A. A WRAP assignment is intended to be a temporary assignment. If a WRAP assignment is based on a vacant position that the Town Manager has determined will be filled on an ongoing basis, as employee serving in the position as a Voluntary Reassignment may request placement into this assignment on a regular basis after serving six months in the WRAP assignment. The employee must first resign from her or her regular position before being placed into the vacant position. The employee must also maintain a performance evaluation rating of "consistently meets" or higher while in the WRAP assignment in order to be eligible to fill the vacant position. B. If an employee's regular position is eliminated due to layoff during his/her tenure in a WRAP assignment, the employee may be offered the opportunity to transfer/demote/promote into the WRAP assignment provided that: 1. A regular vacant position exists for the WRAP assignment; 2. The employee maintained a performance rating of "consistently met" or higher while in the WRAP assignment; or the employee agrees to serve in a full probationary period as required by the position; and 5 Special Council Meeting -April 28, 2009 -Page 52 of 56 EXHIBIT A 3. Employees who are working in a Voluntary Reassignment are given preference over employees working in a Directed Reassignment for regular placement in a vacant position. C. All placements under this section must be approved by the Town Manager, upon recommendation of the Department Head and the Human Resources Director, prior to finalization. All Town policies related to seniority, promotion, demotion, or transfer shall apply when an employee is placed into a vacant position on a regular basis, except that any probationary time required in the vacant position shall be offset by credit for time served in the WRAP Assignment Coordination of WRAP Assignment with Reduction In Force (Lay-off) Policies An employee shall retain seniority in his/her regular classification while performing work in a WRAP assignment. In the event of a layoff in the employee's regular classification, all provisions of Chapter 8 of the Town's Personnel Policies and Procedures shall apply, with the following modifications: A. Voluntary Reassi n~ - An employee who has volunteered for a WRAP assignment and has maintained a performance rating of "consistently meets" or higher in the WRAP assignment shall be the last to be laid off in his or her regular classification for the duration of the WRAP assignment, regardless of seniority. If multiple employees within a regular classification are serving in a Voluntary Reassignment WRAP, layoff of those employees shall be based on the criteria contained in Chapter 8 of the Town's Personnel Policies and Procedures after all employees who are not holding a Voluntary Reassignment are laid off. B. Directed Reassi nth - An employee who has been placed in a directed reassignment shall be subject to all layoff provisions if a layoff occurs in his or her regular classification regardless of the duration of the WRAP assignment. C. If a WRAP assignment ends and the employee's regular position is or has been eliminated, layoffs shall occur as follows: 1. All employees in the same WRAP assignment who are performing a Directed Reassignment shall be laid off first in an order based on the criteria contained in Chapter 8 of the Town's Personnel Policies and Procedures 2. All employees in the same WRAP assignment who are performing a Voluntary Reassignment shall be laid off next using the criteria contained in Chapter 8 of the Town's Personnel Policies and Procedures 3. All employees occupying the same classification on a regular basis as a WRAP assignment shall be laid off next using the criteria contained in Chapter 8 of the Town's Personnel Policies and Procedures. D. An employee may not be "recalled" to a WRAP assignment or position. However, any employee serving in a voluntary WRAP assignment or position shall have recall preference in his/her regular position if layoffs occur in the employee's regular position while the employee is participating in a voluntary WRAP. Employees participating in a directed WRAP shall be subject to the 6 Special Council Meeting -April 28, 2009 -Page 53 of 56 EXHIBIT A provisions of Chapter 8, Personnel Policies and Procedures if a layoff occurs in their regular position while working in a WRAP assignment. Not Subjeet to Personnel Action Review Process The duration, appointment and removal of an employee from a WRAP assignment, either directed or voluntary, special assignment or vacant position, are not subject to review under the Town's personnel action review procedures set forth in Chapter 5 of the Personnel Policies and Procedures. 7 Special Council Meeting -April 28, 2009 -Page 54 of 56 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, April 28, 2009, 6:00:00 PM To: Mayor and Council Item B 1 From: Tom Ellis ,Parks and Recreation Director Strategic Plan Focus Area: Community Building, Recreation Subject: Presentation: Consideration of a recommendation from the Parks and Recreation Citizen Advisory Commission relating to the July 4, 2009 Star-Spangled Event and consesus on direction for the event Discussion: At its study session on March 24, 2009 Council was presented with a number of FY 2010 budget modification options to address budget shortfalls in FY 2010. The modification options were grouped in categories ranging from those with the least impact on personnel and/or services (green bucket), to those with moderate impacts on personnel and/or services (yellow bucket), to those with significant impacts on personnel and/or services (red bucket). One of the options included in the "yellow bucket" is the "scale-back" of special events such as Founders' Day, the Star Spangled Spectacular, the Fall Heritage Festival and the Holiday Tree Lighting. Staff has already made a number of changes to Founder's Day and the Holiday Tree Lighting that have produced savings while continuing to offer a offer a memorable event for residents. One of the largest and more expensive events produced by the Town is the Star Spangled Spectacular. Because the timing for planning and preparation of this event coincides with the budget process, staff is seeking direction from the council regarding options for this event prior to finalization of the FY 2010 budget in June. To assist in evaluating options, the council directed staff to consult with the Parks and Recreation Citizen Advisory Commission (P&RCAC). Information regarding event costs, logistics, alternatives and regional event comparisons was presented to the P&RCAC at their regular meeting on April 16, 2009. Staff presented the P&RCAC an introduction to the FY2010 budget goals, revenue outlook, and the three levels of budget modification options as presented to Council on March 24, 2009. A breakdown of costs of the traditional July 4 event including materials, personnel, and logistics was presented and discussed, with various event options, and ideas for July 4, 2010 using the new district park and ArizonaPavilions. After much discussion, the P&RCAC recommended that Parks and Recreation Staff investigate the possibility of a smaller scale July 4 event at Arizona Pavilions for 2009. If that is not a possibility, staff should proceed with the event at Ora Mae Harn Park and reduce scope and costs as much as possible. It was the consensus of the P&RCAC that the July 4 event was an important part of Marana tradition, a bright spot in difficult times, and that fireworks were too much a part of the event to ignore. Staff will provide the same presentation to Council, along with the preferred approach recommended by Special Council Meeting -April 28, 2009 -Page 55 of 56 the P&RCAC. Financial Impact: Currently $55,000 is budgeted for the Star Spangled Spectacular with estimated additional "in-kind" costs of $44,300. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Staff is seeking council consensus on the direction for the 2009 Star Spangled Spectacular Event. Commission Recommendation - if applicable: The Parks and Recreation Citizen Advisory Commission recommends that staff continue with the planning and execution of the July 4 Star Spangled Spectacular Event and investigate the possibility of the event being held in coordination with Arizona Pavilions or at Ora Mae Harn Park with reduced scope and expense. Suggested Motion: Council's pleasure. Special Council Meeting -April 28, 2009 -Page 56 of 56