Loading...
HomeMy WebLinkAboutResolution 2009-062 amending personnel policies chapter 8 - termination of employmentMARANA RESOLUTION N0.2009-62 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 8 - TERMINATION OF EMPLOYMENT, SECTION 8-1-6 "LAYOFF AND RECALL"; AND DECLARING AN EMERGENCY WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may 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 adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at its Apri128, 2009 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 8 of the Town's Personnel Policies and Procedures, entitled "Termination of Employment," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. 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. Marana Resolution 2009-62 -1- PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of May, 2009. ATTEST: a eelyn C. ~ nson, Town Clerk -°~--~. Mayor Ed Honea APPROVED AS TO FORM: .~ ~~`+ o s ~ y .. .r ~r f ~°rank C~.~sidy, Town ttorney / ~~,,. NI-pv~, ' 1aJ ,~ ~~~~~~ Marana Resolution 2009-62 -2- IV~ARANA :~ti ,~' t tawN c~ MaanrvA 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. EXHIBIT A t 'j~ ~ ~~ MARANA tit%t~ TO`NN Oi MAR.4NA CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-6 Layoff and Recall A. Definitions 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 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 1. 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. EXHIBIT A 2 rw^^~~~ N~ARAI~A .~.'"' ti ',~ i ~ TQWN 06 hd0.RANA 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. EXHIBIT A 3 ~...~"-"'ti~'~ MARANA ~ti/~~ rowN of rnaan~n CHAPTER8 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. 5. 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 EXHIBIT A 4 ~~~~ ~~ MA~ANA t11ti ~tititi l TOWN OF MARANA CHAPTER8 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. EXHIBIT A 5