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HomeMy WebLinkAboutResolution 2009-064 amendments to personnel policies revising chapter 5 - Work RulesMARANA RESOLUTION N0.2009-64 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 5 -WORK RULES; 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 Apri121, 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 5 of the Town's Personnel Policies and Procedures, entitled "Work Rules," 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, to include taking necessary action to reconstitute the PARB in accordance with the amendments to Chapter 5 of the Personnel Policies and Procedures. 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 2009-64 -1- PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 5th day of May, 2009. ATTEST: ,~~ .- ~celyn C. nson, Town Clerk fpf ,,,s ~,~~,,:: Mayor E Honea APPROVED AS TO FORM: ..~-'~ ~ a -s'' ~F-~''ank C~Ssidy, Town Artbrney Marana Resolution 2009-64 -2- N~ARAI~A ~~~ ~.~1l~~ 4at5'N Of MhRANA Chapter 5 WORK RULES Policy 5-1 HOURS OF WORK An employee is expected to work the days and hours necessary to perform all assigned responsibilities and tasks in order to provide continuity of services to citizens and to facilitate teamwork and supervision. Attendance is an essential function of every Town position and shall be a consideration in determining promotions, transfers, satisfactory completion of performance periods and continued employment with the Town. Section 5-1-1 Normal Work Week and Work Hours A. The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. A work week generally begins every Saturday at 12:01 a.m. and ends the following Friday at 12:00 midnight. The Town Manager or Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. B. Most full-time employees will work during the core business hours of the Town, from 8:00 a.m. to 5:00 p.m. Monday through Friday, with one unpaid meal break each day. Normal work schedules may be adjusted as provided within these policies and/or with the approval of the Town Manager or designee. C. Modifications to the Town's normal core business hours may be made, subject to any federal or State statutory or constitutional limitations relating to hours of work. Section 5-1-2 Alternative or Flexible Work Schedules A. The Town Manager may establish alternative or flexible work schedules, but at no time. shall those schedules interfere with the normal operations of the Town government. B. Individuals with a medical need for an alternative or flexible work schedule should contact the Human Resources Department. Any arrangements shall be governed by these Personnel Policies and Procedures. C. Daily and weekly work schedules, including alternative or flexible work schedules, may be changed from time to time at the discretion of the Town to meet varying work conditions. Changes in work schedules will be announced as far in advance as practicable. Section 5-1-3 Absences and Tardiness A. Advance notice of all absences is expected. Employees shall provide notice of scheduled absences as far in advance of the absence as possible and no later than 24 hours before the absence. Employees shall provide notice of unscheduled absences EXHIBIT A 1 N~A,RANA ~ti ~:/i\ n~wr~ of raatt,Nn Chapter 5 WORK RULES within one-half hour before the scheduled start of their work day, unless other notice requirements are established by written departmental standard operating procedures. If the employee is physically unable to notify his or her supervisor within the time frame required by this policy, the employee shall provide notice as soon as possible. If applicable, the supervisor may request medical verification of an employee's incapacitation, from a licensed health care provider as provided in Policy 4-2 of these Personnel Policies and Procedures. B. Advance notice of anticipated tardiness is expected. Employees shall provide notice of anticipated tardiness as far in advance of the tardiness as possible and no later than 24 hours before the tardiness. Employees shall provide notice of unanticipated tardiness as soon as possible. The employee's supervisor shall determine if work time lost due to tardiness may be made up by the employee or if the employee will be required to use accrued leave balances or take leave without pay. If authorized by the employee's supervisor, the employee may make up work time lost due to tardiness only during the work week in which it occurs. C. Notification of an unscheduled absence or tardiness by another employee, friend or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification. D. Departments are responsible for establishing procedures for employee notification of unscheduled absences or tardiness. Generally, unless provided otherwise by a department procedure, employees are expected to speak with their direct supervisor regarding an unscheduled absence or tardiness within the time-frames provided by this policy. E. Poor attendance and frequent tardiness are disruptive to the provision of Town services and may lead to disciplinary action, up to and including termination of employment. Section 5-1-4 Meal Breaks and Rest Breaks A. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day will receive a minimum of one 30-minute unpaid meal break. The duration of meal breaks shall be determined by the Department Head in order to avoid overtime whenever possible. Meal breaks shall not be taken at the beginning or end of a work shift and cannot be combined with paid rest breaks. B. Town employees who are considered non-exempt under the Fair Labor Standards Act (ELBA) and who work a regular 8-hour work day may be granted paid rest breaks of short duration, from five to 20 minutes. Work demands may preclude the granting of a rest break; therefore, rest breaks shall be granted at the sole discretion of the EXHIBIT A 2 MARANA .. ~~l t iUY~td UP dIARANA Chapter 5 WORK RULES appropriate supervisor or Department Head. Rest breaks shall not be taken at the beginning or end of a work shift and cannot be combined with meal breaks. Policy 5-2 PERSONNEL FILES The Human Resources Department maintains an official personnel file and a separate medical file on each employee. The personnel file contains documentation regarding atl aspects of the employee's tenure with the Town, such as employment history, performance appraisals, and disciplinary action notices. The medical file contains documentation such as employee benefits elections and medical leave information. Section 5-2-1 Official Personnel Files A. The Human Resources Department is responsible for maintaining official personnel files and must approve materials for inclusion in personnel files. B. An employee may submit a written statement for inclusion in his/her official personnel file if he or she believes that any of the included materials requires correction and/or clarification. Section 5-2-2 Department Personnel Files A. The employee's current department may also maintain a personnel file regarding the employee's tenure with the department. If maintained, the department personnel file should contain the following items: 1. Name 2. Social Security Number 3. Emergency contact information 4. Personnel Action Forms and supporting documentation 5. Performance appraisal documents 6. Documents of all formal disciplinary actions and grievance/appeal actions not alleging discrimination 7. Outside employment documents 8. Employment application(s) 9. Employee time and leave records including leave request documents and time sheets EXHIBIT A 3 ~f~,~'if~t~1~ •`~ ~'!\ T©wr~ OF AdARANA Chapter 5 WORK RULES 10. Education reimbursement application forms B. Employees may provide work-related documents, such as letters of commendation, school transcripts, and updated resumes for inclusion in the department personnel file. C. Each department should also maintain copies of the non-medical portions of risk management files related to worker's compensation reports and supervisor's copies of accident/injury reports. D. Department personnel files employee transfer. The information: 1. Name 2. Address 3. Social Security Number shall be relocated to the receiving department upon transferring department may retain only the following 4. Personnel Action Forms and supporting documentation E. As a general rule, departments shall maintain only the employee records listed in this section in department personnel files. Questions regarding the contents of department personnel files should be referred to the Human Resources Director. For the purpose of employee performance evaluations and pending disciplinary actions, notations related to identified performance factors may be placed in a supervisory working file .provided the performance issue has been discussed with the employee and the notations are removed after the performance evaluation or discipline has been issued and is final. Section 5-2-3 Access to Personnel Files A. Official and department personnel files and employment records shall be kept confidential except as required by law. During the normal course of employment, only the following individuals shall be permitted access to personnel files and employment records: 1. Personnel within the Human Resources Department 2. The Town Manager or designated administrator 3. The Town Attorney or designated attorney EXHIBIT A 4 11~A~AN~ ~~ti` 1 ~, t~awr~ ~c r~ARANn Chapter 5 WORK RULES 4. The employee or the employee's designated representative who has written authorization from the employee 5. State and federal auditors or law enforcement authorities in the course of their duty, when required, and only after presentation of proper identification and notification of audit or investigation 6. The employee's current or prospective Department Head or designee . B. Access to official and department personnel files under this section shall only be permitted during normal working hours and for appropriate business purposes. Section 5-2-4 Updating Personnel Files A. Department Heads are responsible for forwarding documents to the Human Resources Department for inclusion in the official personnel files of those employees assigned to their department. B. To ensure that personnel files are up-to-date at all times, employees should notify their supervisor or the Human Resources Department of any changes in name, telephone number, home address, marital status, number of dependents, beneficiary designation, scholastic achievements, emergency contacts and other similar information. C. Employees may inspect their official personnel file to ensure accuracy and completeness of the file. A Human Resources Department representative must be present when a file is reviewed. Section 5-2-5 Records Release A. Personnel files and employment records of public employees are considered public records. Upon receipt of a proper public records request, records that are not made confidential by law may be released to the extent required by Arizona's public records law, A.R.S. § 39-121 et seq. B. Employee names, dates of service, positions held, and compensation may be released without legal inquiry. C. In the absence of a public records request, other information contained in an employee's personnel file will only be released with the express written permission of the employee. Section 5-2-6 Records Retention A. An employee's personnel and department personnel files shall be retained in accordance with the Town's records retention and disposition schedule as approved by EXHIBIT A 5 ARAN %% 1 ~ TdWN Oi MARANA Chapter 5 WORK RULES the Arizona State Library, Archives and Public Records department or in accordance with federal law, whichever requires a longer period of retention. During this retention period, nothing will be removed from the personnel file. B. The employee's name, position held, dates of service, compensation, and reason for separation will be retained indefinitely. EXHIBIT A 6 ~~ „`- ~ ,~ IV~ARANA ,~-/1\ tOwN OP MARANA Chapter 5 WORK RULES Policy 5-3 PERSONAL APPEARANCE Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the organizational image the Town of Marana presents to the general public. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Department Heads are responsible for determining and enforcing the dress code for their respective areas of responsibility. Section 5-3-1 Acceptable Attire Because of the changing nature of fashion, regulations pertaining to acceptable employee attire and grooming are flexible. There are, however, certain expected norms of professional appearance, of personal neatness, cleanliness and good grooming that are applicable to all employees. Section 5-3-2 Unacceptable Attire The Town of Marana reserves the right to advise any employee at any time that his or her grooming, attire or appearance is unacceptable. After having been so advised, the employee shall make any changes required by his or her supervisor. Failure to do so will result in the employee's suspension without pay until corrective action by the employee is taken. Repeated lack. of compliance may result in further disciplinary action, up to and. including discharge. Section 5-3-3 Uniforms A. Employees who are required to wear a uniform of any type in the performance of their duties will be provided a uniform by the Town. B. The Town may engage a uniform service company for laundering of uniforms. Laundering, cleaning and general upkeep of uniforms is the responsibility of each employee, whether the employee chooses to use the uniform service company or to self-wash uniforms. C. Employees should be aware that the furnishing of uniforms and maintenance or replacement allowance, if any, may, under certain circumstances, be considered a taxable benefit. D. Upon leaving the employment of the Town, uniforms are to be returned to the department according to departmental guidelines. EXHIBIT A 7 tom'`- ~.w.~ MARANA ~~~~ icwrnl pf isARRNA Chapter 5 WORK RULES Policy 5-4 USE OF COMMUNICATIONS SYSTEMS AND EQUIPMENT Electronic Mail (e-mail), voice-mail, telephone, on-line subscriber services and the Internet are all information management and communications tools that are important parts of the way that the Town of Marana does business. Employees shall use these systems and associated equipment in an appropriate manner at all times. Section 5-4-1 No Expectation of Privacy A. All electronic storage and communication systems and equipment (including without limitation facsimiles, copiers, computers, software and telephones) and all information transmitted by, received from or stored in these systems are the property of the Town.. B. Employees should have no expectation of privacy regarding the use of these systems and equipment or the transmission, receipt or storage of information in these systems or equipment. C. The Town may monitor an employee's use of these systems and equipment at any time at its discretion. Such monitoring may include, but is not limited to, monitoring, tracking, and review of all employee communications including all information created, stored, and disseminated using the Town's computer, network and telephone systems and all information viewed, downloaded, copied, sent, or processed using the Town's computer, network and telephone systems. Section 5-4-2 Permitted Use The Town's communications systems and equipment shall be used primarily for Town business purposes associated with the performance of each employee's job. Any use of these systems for non-work related purposes beyond limited incidental use, is prohibited. Section 5-4-3 Prohibited Use Improper use of the Town's electronic storage and communications equipment is strictly prohibited. Improper use includes, but is not limited to, the following. uses. A. Any communications which violate Town policy, including abusive, harassing, intimidating vulgar, obscene and offensive communications, communications that defame or libel others, and communications that infringe upon the privacy rights of others. EXHIBIT A 8 ~"` ~~~ MA(~ANA. ~~~%/ I ~ TPWtJ C?F MARANA Chapter 5 WORK RULES B. Disparaging communications or jokes which are based on race,. national origin, marital status, sex, sexual orientation, disability, age, religion, or any other characteristic protected under federal, state or local law. C. Communications. of any copyrighted materials, trade secrets, proprietary information, or any other highly sensitive confidential information, except with management permission in the course of an employee's job. D. Solicitation of others for commercial ventures or religious, social or political causes. E. Accessing, viewing, downloading, copying or sending information that is illegal, sexually explicit or obscene. F. Using on-line services or the Internet to gamble or wager. G. Acts that damage, interfere with, or congest the Town's computer or network systems or interfere with the work of other employees. Section 5-4-4 Additional Employee Responsibilities A. Employees shall maintain the secrecy of all passwords, identification numbers, or other means of entry onto the Town's computer systems and networks. The Town is the holder of all passwords, identification numbers, and other means of entry and no employee will use a pass code or voice mail access code that is unknown to the Town or that is not expressly authorized by the Town. The Town Manager may establish administrative directives. regarding the establishment and use of passwords. B. Employees shall cooperate with authorized Town officials in any. investigation involving the Town's electronic communications systems. C. Employees may load outside files from an acceptable and. known source onto the Town's computer system. Employees shall obtain approval from the Technology Services Department for all other outside files prior to loading such files in the Town's computer system. Section 5-4-5 Software Copyright The Town purchases and licenses various computer software for business purposes and does not own the copyright to this software or its related documentation. Employees may not reproduce such software or use it on more than one computer unless authorized to do so by the software license agreement. Employees with questions or concerns regarding the use of software or its related documentation should contact the Technology Services Department. EXHIBIT A 9 ~~ ~~,~~N/~ ~.~..~.~ i~V1N ^,P MAe2ANA Chapter 5 WORK RULES Section 5-4-6 Consequences of Prohibited Use Any violation of this policy may result in disciplinary action, up to and including termination of employment. EXHIBIT A 10 ~„'" ~,-~ N~ARANA ~~~ rowr~ ~: raaaaNA Chapter 5 WORK RULES Policy 5-5 DISCIPLINE SYSTEM Each supervisor shall have the responsibility and authority, with the approval of the Department Head, to administer appropriate discipline to subordinates using a positive progressive discipline process as a corrective measure. Section 5-5-1 Progressive Discipline A. Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee performance or conduct problems. The Town's discipline system includes a series of increasingly severe disciplinary actions, ranging from verbal reprimand to termination. However, this does not mean that every step in the graduated range of disciplinary actions will occur in an ordered sequence in every case. B. Progressive discipline is a general guideline for supervisors. The totality of the circumstances will dictate the appropriate level of discipline for each incident. Review of the particular facts and circumstances, such as the severity of the offense and an employee's disciplinary history, whether for the same type of offense or not, may indicate that more severe disciplinary measures, up to and including termination, are appropriate. C. All employees are subject to termination when, in the sole opinion of management, an employee's job performance or conduct threatens the well-being of the Town, its employees or its citizens, regardless of whether progressive discipline steps have been administered. Section 5-5-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code. and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Unclassified employees and. other at-will employees shall be held to acceptable standards of employee performance and conduct and may be subject to discipline; however, unclassified employees and other at-will employees do not have the same due process rights as those afforded to regular full- and part-time classified employees by this policy and Policy 5-6. EXHIBIT A 11 A~%~~/~ v.,. ~.. ~1-.:-.:/ 1 ~. TowtJ OF MARANA Chapter 5 WORK RULES Section 5-5-3 Types of Disciplinary Action A. Verbal Reprimand: A verbal notice to the employee regarding a performance or conduct problem. The verbal reprimand shall be given to the employee in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. The supervisor shall inform the employee that the supervisor is issuing a verbal reprimand, that the employee is being given an opportunity to correct the problem, and that if the problem is not corrected, the employee will be subject to more severe disciplinary action. 3. Notation of the verbal reprimand shall be provided to the employee and included in the employee's official personnel file. B. Written Reprimand: A written notice to the employee discussing a performance or conduct problem. A written reprimand may be issued if the initial measure of verbal reprimand was taken by the employee's supervisor, but did not correct the problem or if the infraction is severe enough to warrant a written reprimand as the .first measure of discipline. The written reprimand. shall be given to the employee and its contents shall be explained to the employee by the issuing supervisor in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. Written reprimands should normally be issued within ten business days after the occurrence of the action requiring discipline or within ten business days of completion of any investigation of the occurrence, whichever is later. 3. The original written reprimand shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the written reprimand, then the supervisor and one other witness shall note on the reprimand that the employee received a copy and refused to sign it. A copy of the written reprimand shall be given to the employee and included- in the employee's department personnel file. C. Suspension Without Pay: Involuntary time off with loss of pay. A suspension without pay may be issued for serious improper conduct or performance issues or after lesser measures of discipline have been issued but have failed to correct the employee's behavior or performance. The number of days of suspension will depend on the severity of the infraction, but shall not exceed 15 working days. EXHIBIT A 12 r•j"~~.~ MARANA IOV1N OP MARANA Chapter 5 WORK RULES D. Demotion: A reassignment to a lower position classification. A demotion may be issued for serious improper conduct and/or consistent inability to meet job performance expectations. Demotion shall occur when the employee is either unwilling or unable to perform the responsibilities of his or her position. Demotion is not a substitute for dismissal when dismissal is warranted. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a demotion. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. E. Reduction in Pay: A reassignment to lower pay within the same position classification. A reduction in pay may be issued for serious improper conduct, flagrant violations of rules and regulations and/or consistent inability to meet job performance expectations. A reduction in pay is considered to be a final behavior correction opportunity. 1. No change in classification occurs as a result of a reduction in pay. 2. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a reduction in pay. Therefore, the provisions of this policy do not apply to such action and the action is not subject to appeal under the personnel action appeal procedures of this chapter. 3. Assignments, transfers or reassignments, including those to or from lead positions or special positions, are not considered a reduction in pay for purposes of these Personnel Policies and Procedures. F. Termination: The involuntary, permanent removal of an employee from employment with the Town. The terms "termination" and "discharge" are sometimes used interchangeably in these Personnel Policies and Procedures. Termination does not include a layoff as defined in these Personnel Policies and Procedures. Termination may occur due to serious insubordination, theft, illegal or destructive acts while on the job, flagrant violation of Town policy or any other reason deemed appropriate by the Town Manager. Termination may also occur after repeated offenses of a less serious nature or for consistent inability to meet job performance expectations, if the employee's conduct has been documented and appropriate performance- and conduct-related changes have not resulted from previous progressive disciplinary action. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies EXHIBIT A 13 .....~ ~- ~~ MARANA ti^~.~ v~ ~1r~.~'~ TOWN qF MARANA Chapter 5 WORK RULES and Procedures. As such, during the initial evaluation .period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head after consultation with and approval by the Human Resources Director. The employee shall be notified in writing that he or she has failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to appeal under the formal or informal personnel action review procedures set forth in this chapter. Section 5-5-4 Imposed Leave A. A Department Head may, after consultation with and approval by the Human Resources Director, place an employee on imposed leave with pay to remove an employee from the work site in order to allow the Town to investigate behavior that is suspected of being illegal, that is not in the best interests of the Town or that places other employees or citizens in jeopardy. Imposed leave shall ordinarily not exceed 21 calendar days. The Human Resources Director may authorize an extension when a comprehensive investigation will require more time to reach a conclusion. B. If the investigation reveals employee misconduct, disciplinary action commensurate with the nature of the offense shall be taken. Such disciplinary action may include recovery of salary and benefits paid during the imposed leave. C. If the investigation reveals no employee misconduct, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file. Section 5-5-5 Grounds For Disciplinary Action A. A single serious infraction may result in termination. Such serious infractions include, but are not limited to, the following: 1. Dishonesty, including intentionally giving false information, intentionally falsifying records or making false statements when applying for employment, lying to supervisors in connection with the employee's job; falsifying time sheets for payroll. 2. Discrimination or failure to abide by Equal Employment Opportunity regulations, including sexual or other harassment of a protected class. 3. Reporting to work under the influence of alcohol or drugs or using such substances while on Town property. 4. Theft or removal of Town money, merchandise or property, including property in the custody of the Town, without permission. EXHIBIT A 14 ~~~ MAl~A~lA u.~~~t\ Tc7Y1M1[ OP ~JIARAFIA Chapter 5 WORK RULES 5. Possession of firearms, other weapons or explosives not authorized by the Town in Town facilities or while on Town business. 6. Conviction of a criminal offense. 7. Other reasons deemed valid by Town officials. B. Other grounds for disciplinary actions, up to and including termination, include, but are not limited to, the following: 1. Being absent from work without .permission or failure to report to the supervisor or Department Head when one is absent. 2. Being habitually absent or tardy for any reason. 3. Failure to follow the orders of one's supervisor(s). 4. Inability or unwillingness to perform the assigned job; failure to perform assigned work in an efficient or effective manner. 5 Participation in prohibited political activities. 6 Acceptance of fees, gifts or other valuable items in the performance of the employee's official duties for the Town. 7. Any action, on or off the job, bringing discredit to the Town. 8. Violations of any of Town policies or ordinances or state or federal law. 9. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe proper security or safety procedures. 10. Two written reprimands or other disciplinary actions in a 24 consecutive month period. 11. Inability to get along with fellow employees so that the work being done is hindered and. not up to required levels; speaking critically or making derogatory or false accusations so as to discredit other employees or supervisors. 12. The use of profanity or abusive language towards a fellow employee or member of the general public while performing official duties as a Town employee. 13. Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave pay falsely or under false pretenses. EXHIBIT A 15 ~~ v ~~ ~^ MARANA :;~~%t~. TQVfN 4F Cv1ARANA Chapter 5 WORK RULES 14. Divulging or misusing confidential information, including removal from Town premises without proper authorization of any employee lists, records, designs, drawings or confidential information of any type. 15. Improper use of the Town's electronic storage and communications equipment, as set forth in these Personnel Policies and Procedures and any administrative directives established by the Town Manager. 16. Such other act, error or omission detrimental to the mission of the Town. 17. Other reasons deemed valid by Town officials. Section 5-5-6 Notice to Employee A. An employee to whom this policy applies, as set forth in Section 5-5-2, shall receive 24-hour written notice whenever the Town intends to take a disciplinary action resulting in termination, reduction in pay, demotion or suspension without pay. B. Notice under this section is not required for other types of actions including, but not limited to, verbal reprimands, written reprimands, imposed leave, layoffs, assignments, transfers or reassignments, including those to or from lead positions or special positions. Notice under this section is also not required for those employees to whom this policy does not apply, as set forth in Section 5-5-2. C. The notice required under this section shall provide the following information: 1. Notice of the intended disciplinary action and the proposed date of implementation. 2. The reasons for the action. 3. The date and time, not less than 24 hours after the notice is given to the employee, of apre-action meeting at which the employee may respond, verbally or in writing, to the written notice of intended disciplinary action. D. The original notice of intended disciplinary action shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the notice, then the supervisor and one other witness shall note on the notice that the employee received a copy and refused to sign it. A copy of the notice shall be given to the employee and included in the employee's department personnel file. E. Once an employee has been provided the notice required under this section, the employee may be placed on imposed leave under Section 5-5-4 pending the pre-action meeting. EXHIBIT A 16 M,4RANA TOV1N OP?dAttgNA Chapter 5 WORK RULES Section 5-5-7 Pre-Action Meeting A. The pre-action meeting is a meeting between the employee, the supervisor proposing the discipline and the Department Head. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of intended disciplinary action. B. The employee may have anon-attorney co-worker of the employee's choosing present during the pre-action meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during the pre-action meeting to consult with the co-worker or others who are immediately available, telephonically or otherwise. C. Any relevant information presented by the employee during the pre-action meeting regarding the proposed disciplinary action shall be considered by the supervisor and the Department Head. D. Failure by the employee either to attend written response to the notice of intended of the employee's right to do so and implemented as written. the pre-action meeting or to timely submit a disciplinary action shall be deemed a waiver the proposed disciplinary action shall be Section 5-5-8 Disciplinary Decision After the pre-action meeting., the Department Head shall advise the employee in writing of the decision regarding the imposition of discipline. This decision will normally occur within ten business days of the pre-action meeting. The Human Resources Director may authorize an extension with good cause shown by the Department Head. A copy of the written disciplinary decision shall be included in the employee's official personnel file. EXHIBIT A 17 ^'' - NIARANA ~. '~ l ~ TpWN Of MARANA Chapter 5 WORK RULES Policy 5-6 FORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-6-1 Purpose The Town of Marana provides formal personnel action review procedures as a means to ensure that employees receive fair and equitable treatment and to provide an orderly procedure for resolving disciplinary actions that are subject to formal appeal. Section 5-6-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-6-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are subject to formal personnel action review, except that employees that are subject to the provisions of the memorandum of understanding between the Town of Marana and a designated public safety employee organization may have additional remedies under that MOU. Section 5-6-4 Disciplinary Actions Subject to Formal Personnel Action Review Only the following disciplinary actions shall. be subject to formal personnel action review under this policy: A. Termination B. Reduction in pay C. Demotion D. Suspension without pay for more than 40 hours in a rolling 12-month period. Section 5-6-5 Employment Actions Not Subject to Formal Personnel Action Review Only the disciplinary actions specifically listed in Section 5-6-4 are subject to formal personnel action review under this policy. All other employment actions are not subject to EXHIBIT A 18 f~ARANA %I ~ PAWN OP MARP.NA Chapter 5 WORK RULES formal personnel action review. The following is an illustrative, but not exhaustive, list of employment actions that are not subject to formal personnel action review under this policy. A. Verbal reprimands, written reprimands and suspensions without pay for 40 hours or less in a rolling 12-month period. B. Termination during the initial evaluation period for either a new hire or an employee in a promotional position. C. Placement of an employee in, or the content or the structure of, the Town's classification plan. D. Placement of an employee in, or the content or structure of, the Town's salary plan. E. The content or structure of the Town's benefits programs. F. An employee's performance evaluation. G. Extension of an evaluation period. H. Assignments, promotions, transfers or reassignments, including those to or from lead positions or special positions. Municipal finance or budgetary issues. J. Layoffs. Section 5-6-6 Appeal to the Personnel Action Review Board (PARB) A. To request formal appeal to the Town's Personnel Action Review Board (PARB), the employee must file a written appeal with the Human Resources Director within ten business days after the employee's receipt of a written disciplinary decision that is subject to formal appeal. B. The appeal shall be on a form provided by the Human Resources Department. C. Upon receipt of the employee's written appeal of a disciplinary decision that is subject to formal appeal, the Human Resources Director shall provide a copy of the appeal to the Town Manager, the Legal Department, the employee's Department Head and the PARB, by and through the PARB Chairperson. D. If the Human Resources Director determines that the employment action is not subject to formal appeal under this policy, the Director shall so inform the employee in writing within five business days of receiving the employee's request for appeal. EXHIBIT A 19 ~~ I'NARA~l~ ~~'~l~ TUWN Qi fJ1ARANA Chapter 5 WORK RULES Section 5-6-7 Scheduling of Hearing A. Within 20 business days of the Human Resources Director's receipt of the employee's written appeal, the PARB, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a hearing. B. The hearing should take place within 60 business days of the Human Resources Director's receipt of the employee's written appeal, unless the time is extended by the PARB, or unless the PARB is unable to hear the appeal within that time, or for other good cause. C. In no event shall the hearing take place later than one year from the date the Human Resources Director receives the employee's written appeal. D. Hearings shall be conducted at a mutually agreed upon time and place that affords a fair and reasonable opportunity for all persons entitled to be present to attend. Section 5-6-8 Notice of Hearing A. The Chairperson of the PARB, or the Human Resources Director at the direction of the PARB Chairperson, shall give written notice to the appealing employee and to the Town of the date, time and location of the hearing. B. The appealing employee's notice shall include appropriate notification of any potential executive session under A.R.S. § 38-431.03(A)(1 }: C. The notice of hearing shall be provided to the parties at least 15 business days before the scheduled hearing. Section 5-6-9 Pre-Hearing Exchange of Information A. Within ten business days before the hearing, the Town and the appealing employee shall disclose to each other a list of the witnesses each anticipates calling at the hearing and any documents each anticipates presenting to the PARB that have not previously been disclosed. B. Within ten business days before the hearing, the Town and the appealing employee shall also disclose to each other the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives for either party. C. Either party may request to interview the other party's witnesses prior to the hearing. Witnesses listed. by either party may decide whether they wish to be interviewed prior to the hearing at their own discretion. Neither the Town nor the appealing employee shall EXHIBIT A 20 MARANA .~~~~ ~,,,.~.~~/ 1 TOY,'N Qp MARANA Chapter 5 WORK RULES interfere with any decision of a witness regarding whether to be interviewed prior to the hearing. D. The parties shall also comply with the provisions of A.R.S. § 38-1101 where applicable. Section 5-6-10 Town Employee Witnesses A. A Town employee who is listed as a witness by either party and who has been notified in writing of the date, time and location of the hearing and of his or her scheduled testimony, shall appear at the hearing as directed. An employee's intentional and willful failure to appear as directed will result in disciplinary action, up to and including termination. B. The supervisor and/or Department Head of a Town employee directed to appear at a hearing as a witness shall allow the employee to attend the hearing as directed. A supervisor or Department Head who intentionally and willfully fails to allow an employee to attend a hearing pursuant to this policy shall be subject to disciplinary action, up to and including termination. C. Neither party shall be required to issue a formal subpoena to a Town employee who is listed as a witness. Written notice to the employee is sufficient to require the employee to appear. Section 5-6-11 Subpoenas Pursuant to A.R.S. § 12-2212, any member of the PARB may issue subpoenas to compel the attendance of witnesses and/or the production of documentary evidence. If any person fails to appear and/or produce a document in response to a duly issued subpoena, any member of the PARB may, by affidavit setting forth the facts, apply to the Superior Court for relief. Section 5-6-12 Hearings before the PARB A. General Rules 1. The appealing employee shall appear personally before the PARB at the time and place of the hearing, unless the employee is physically unable to do so. 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. 3. The appealing employee may be represented by any person or attorney (other than a PARB Member or a Town employee) who is willing to represent the employee and who is not a witness or otherwise involved in the matter. EXHIBIT A 21 t"'~'~^ r----, N~ARAR{A ~: -~' I ~, TQNht 'Jf rvrARANA Chapter 5 WORK RULES 4. The Town may also be represented by an attorney or other representative acting on the Town's behalf. 5. The PARB may be assisted by an attorney who is acceptable to the Town. The PARB attorney will remain the same through individual appeals. The Town and the PARB shall be represented by separate attorneys. 6. The parties are individually responsible for their own attorney's fees, except that a law enforcement officer, as defined in A.R.S. § 38-1001(4), may request reasonable costs and attorney's fees under the provisions of A.R.S. § 38-1004(C), 7. Each party may call witnesses who were disclosed to the other party pursuant to this policy and who are believed to be relevant. Each party is responsible for securing the attendance of his or her own witnesses. The Town will make Town employees available for the hearing, if the identity of the Town employee/witness is timely disclosed pursuant to this policy. 8. In the absence of good cause, no witnesses or documents shall be considered by the PARB that were not disclosed during the pre-hearing exchange of information unless the party offering the evidence can show that the evidence was newly discovered and could not have been timely discovered and disclosed in the exercise of reasonable diligence, that the evidence was promptly disclosed when discovered, and that the evidence is crucial. 9. The PARB may, at its discretion, exclude certain witnesses or documents even if timely disclosed if it finds such evidence to be irrelevant, cumulative, redundant, or .overly inflammatory. 10. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal 11. The Town bears the burden of demonstrating just cause for the disciplinary action by a preponderance of the evidence. 12. The hearing shall be recorded by audio or video recorder, or by other mechanical or electronic means and/or by a court reporter. 13. The cost of a .copy or copies of any transcription of the hearing, including preparation of the transcript, shall be paid by the party or parties ordering the copy or copies. 14. The appealing employee may submit a written request to the Human Resources Director to withdraw the appeal at any time prior to the decision by the PARE. EXHIBIT A 22 .~-~-"~ N~ARANA ..~ ,~' l ~ TOYtN RF MARAN.4 Chapter 5 WORK RULES B. General Conduct of the Hearing The Chairperson shall call the hearing to order, introduce all parties, summarize the issues and relief requested, outline the hearing sequence, and swear in all witnesses. 2. The hearing shall take place in a public meeting unless a majority of the members constituting a quorum of the PARB publicly vote to hold the hearing in executive session pursuant to A.R.S. § 38-431.03(A)(1). 3. The hearing shall take place in a public meeting if the appealing employee, upon receiving appropriate notice pursuant to A.R.S. § 38-431.03(A)(1) of the potential executive session, demands in writing that the hearing take place in public. 4. If the hearing takes place in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, hold an executive session at any time for the purposes listed in A.R.S. § 38-431.03(A)(1), (2) and/or (3). 5. The hearing is informal and the technical rules of evidence shall not apply. The Chairperson shall preside over the hearing in such a manner as will best ensure the receipt of reliable evidence and fairness for the parties within the general guidelines of these procedures. The Chairperson shall maintain appropriate decorum throughout the conduct of the hearing. The decisions of the Chairperson on the conduct of the hearing shall be final, unless overruled by a majority of the members constituting a quorum of the PARB. 6. If the hearing is held in a public meeting, the PARB may, and at the request of either party shall, exclude prospective witnesses from the hearing during opening. statements and the testimony of other witnesses. If witnesses are excluded from the hearing under this paragraph, the Chairperson shall also direct the witnesses not to communicate with each other until the closing arguments of both parties have concluded. 7. If the hearing is held in executive session, attendance at the hearing is limited to the appealing employee, the responsible Department Head or designee (who may be the supervisor who is directly involved in the matter), each party's attorney or representative, the PARB members, the attorney for the PARB, any Human Resources Department staff needed to assist the PARB with administrative tasks, and each witness during his or her testimony. The Chairperson shall instruct each person present at the executive session that discussions and testimony made at executive session shall be kept confidential. C. Default Decision EXHIBIT A 23 ~~~ ~`- =--, ~~~A~~ ~~~`%/ 1 rowN o~ MnanNa Chapter 5 WORK RULES If, after receiving proper notice, the appealing employee or responsible Department Head or designee fails to attend or participate in the hearing within fifteen minutes of the time set for the hearing, the PARB may enter a default against the party failing to appear. The PARB may reconsider a default decision upon a party's submission to the PARB of proof of exigent circumstances within ten. calendar days of the default decision. D. Statements and Questioning of Witnesses 1. The Town or its representative may make an opening statement. 2. The appealing employee or the employee's representative may then make an opening statement. The employee or representative may reserve his or her opening statement until the close of the Town's evidence. 3. The Town shall present its case first, calling witnesses and presenting its evidence to establish the reasons for the employment action that is the subject of the appeal. 4. The appealing employee or the employee's representative may ask questions of the Town's witnesses after the Town has completed the questioning of each witness. 5. The Town may then ask further questions of the its witness, limited to those areas raised in the appealing employee or representative's questioning of the witness. 6. After the Town's witness testifies and the appealing employee or representative and PARB members have had an opportunity to ask questions, the witness will be dismissed. 7. When all witnesses of the Town have been heard, the appealing employee/representative will present his/her witnesses and evidence in the same format. The Town may ask questions of the employee's witnesses after the appealing employee/representative has completed questioning the witness. The appealing employee/representative may then ask further questions of the witness, limited to those areas raised in the Town's questioning of the witness. 8. Rebuttal witnesses may be permitted to testify as the PARB determines appropriate. 9. PARB members may ask questions of a witness at any time. 10. After all witnesses have been questioned, the Town may make a closing argument. The appealing employee or representative may then make a closing argument. Because the Town has the burden of supporting its decision, the Town may make a second closing argument in rebuttal to the employee's closing argument. EXHIBIT A 24 NIARANA ~.~ j T+JWN pF hdARANA Chapter 5 WORK RULES 11. Because the Town has the burden of supporting its decision, the appealing employee and/or representative will not be permitted to make a second closing argument. Section 5-6-13 Submission to the PARB A. If the hearing was held in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(1) for deliberations, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. B. If the hearing was held in executive session pursuant to A.R.S. § 38-431.03(A)(1), after all the evidence has been submitted and closing arguments have been made, the parties and their representatives shall be excused and the PARB shall then deliberate in private, unless the appealing employee requests that the deliberations take place in a public meeting. If the appealing employee so requests, any deliberations shall take place in a public meeting. However, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) for discussion or consultation for legal advice with the attorney for the PARB. Section 5-6-14 Findings of the PARB A. Following deliberation, whether in a public meeting or in executive session, the PARB shall render its findings regarding the disciplinary action via a public majority vote of the members constituting a quorum of the PARB. The voting shall be by roll call. B. The findings of the PARB shall be in the form of an advisory opinion to the Town Manager. The PARE may recommend that the disciplinary action be upheld, overturned or modified. C. Within ten business days of the conclusion of the hearing, the PARB shall provide a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding the disciplinary action and the reasons for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. EXHIBIT A 25 ,-._, t~'~~ N~ARANA `~% 1 ~ 70H'N O~ t~ARANA Chapter 5 WORK RULES Section 5-6-15 Decision of the Town Manager A. Within ten business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding the disciplinary action being appealed. The Town Manager may accept, modify or reverse the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. B. In reaching a decision, the Town Manager shall review the evidence and testimony presented to the PARB and his or her decision shall be based upon the official record of the proceedings before the PARB. The Town Manager may seek legal advice during deliberation from an attorney or attorneys representing the Town; however, the Town Manager may not consult with any attorney who participated as an advocate for the Town during the proceedings before the PARB or who acted as the attorney for the PARB'. C. If the Town Manager modifies or reverses the recommendation of the PARB, the Town Manager shall state in writing his or her reasons for modification or reversal. D. All decisions of the Town Manager are final and not appealable within any Town process. Section 5-6-16 Back Pay, Reasonable Costs and Attorney's Fees A. If the Town Manager modifies or reverses the disciplinary action, the appealing employee shall receive back payment for wages and benefits lost, if any, as a result of the disciplinary action, subject to reduction for any wages actually earned by the employee during the time period in question, including any unemployment compensation that is not subject to repayment by the employee. B. If the Town Manager modifies or reverses the disciplinary action, a law enforcement officer to whom the provisions of A.R.S. § 38-1004(C) apply, may also make written request to the PARB for reasonable costs and attorney's fees pursuant to the provisions of that statute. If necessary, the PARB may set a hearing to make findings as to the amount of the costs and attorney's fees, if any, to award to the appealing employee. C. Any hearing regarding costs and attorney's fees shall take place within 20 business days of the Town Manager's written decision and shall be conducted in compliance with the rules set forth in this policy. D. Within five business days of any hearing regarding costs and attorney's fees, the PARB shall render a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the PARB regarding costs and attorney's fees and the reasons EXHIBIT A 26 ~.~.., ~- IV~A(~ANA ~~~ w TQwnt Or ~vtARANa Chapter 5 WORK RULES for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. E. Within five business days of receipt of the written advisory opinion of the PARB, the Town Manager shall render a written decision regarding costs and attorney's fees. The Town Manager may accept or reject the recommendation of the PARB. The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. F. The decision of the Town Manager is final and not appealable within any Town process. G. Any award of costs and attorney's fees to a law enforcement officer shall be in compliance with the provisions of A.R.S. § 38-1004(C). Section 5-6-17 Miscellaneous Rules of Appeals A. After an issue has been initially presented for review, neither party may, without good cause, add new allegations at a subsequent step. B. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the appealing employee. C. In the absence of good cause, the employee's failure to timely pursue any step in the appeal process shall result in the termination of the appeal process and the dismissal of any appeal, and the employment action shall stand. D. No discipline, retaliation, or threats of retaliation shall be taken against any employee, representative, witness or other participant, whether testifying or not, in these personnel action review procedures because of such participation. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. E. All information obtained during the processing of a request for personnel action review will be maintained confidentially to the extent permitted by law. Information may be released pursuant to a public records request under the Arizona public records law, A.R.S. § 39-121 et seq. F. An employee seeking personnel action review under these procedures may be granted up to one hour of work time per day to spend preparing for his or her hearing before the PARB. G. For pay and benefits purposes, time spent by employees in discussions. with management or in testifying before the PARB is considered time worked. EXHIBIT A 27 r'' MA,~,~N/l -~~~' t '\ rowta aF Cn gRANa Chapter 5 WORK RULES H. Disciplinary actions subject to formal personnel action review may be resolved or settled at any step in the process. The request for formal personnel action review shall be processed until the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. I. Upon reversal of the decision at any step in the formal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred from the effective date of the disciplinary action pursuant to the provisions of this policy. EXHIBIT A 28 ,,~~ --r- ,_, N~Af~AI~A ~~~~ town or raaaaNa Chapter 5 WORK RULES Policy 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Section 5-7-1 Composition and Officers A. The Town of Marana Personnel Action Review Board (PARB) shall be composed of three primary members and three alternate members, all of whom shall be residents of the Town of Marana. B. At its first regular meeting, and each year thereafter, the PARB shall select a Chairperson and Vice-Chairperson from its primary members. Section 5-7-2 Appointment of PARB Members A. Primary and alternate PARB members shall be appointed by the Town Council pursuant to Town Council policies and procedures. B. Preference shall be given to applicants who have human resources and/or personnel management experience. C. PARB members shall not be members of any other Town boards, commissions or committees. Section 5-7-3 PARB Member Orientation Upon the election and/or appointment of any new PARB member(s), the Human Resources Director shall schedule and conduct an orientation session. The purpose of the orientation session shall be to familiarize the PARB members with these Personnel Policies and Procedures and with their roles and responsibilities as PARB members. Section 5-7-4 PARB Member Terms A. Two primary and two alternate PARB members shall serve terms of three years. One primary member and one alternate member shall serve terms of two years. The Town Council shall designate the term of each member when appointment is made. B. No primary or alternate PARB member shall serve on the PARB for more than six years Section 5-7-5 Removal of PARB Member for Cause Notwithstanding the PARB member terms set forth in this policy, the Town Council, by a majority vote of its members constituting a quorum, may remove any PARB member for cause. The Human Resources Director shall be responsible for bringing. any for cause removal of a PARB member to the Town Council for its consideration. EXHIBIT A 29 .•-•-. IV~ARANA ~..•..~ ~ ~.,,,..-~/ 1 ~\ RTA`N RF N,AItAMA Chapter 5 WORK RULES Section 5-7-6 Replacement of PARB Members If it becomes necessary to permanently replace a primary or alternate PARB member at any time due to voluntary resignation or removal for cause, the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy. Section 5-7-7 Appeal Hearings A. A primary PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: The PARB member is a witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee, the appealing employee's supervisor, the appealing employee's Department Head, either party's representative. orany person listed as a witness by either party. B. The Human Resources Director shall, in conjunction with the PARB Chairperson, make a determination as to whether a PARB member shall be disqualified for a specific appeal hearing. C. A PARB member may request to be excused from serving on the PARB for a specific appeal hearing due to extenuating. personal circumstances or unavailability. The PARE member shall submit such a request to the Human Resources Director who shall, in conjunction with the PARB Chairperson, make a determination as to whether the PARB member shall be excused for the appeal hearing in question. D. If a PARB member is disqualified or excused from an appeal hearing, that disqualification or excuse shall only apply to the specific appeal hearing in question. E. If a PARB member is disqualified or excused from an appeal hearing, an alternate PARB member shall serve for that appeal hearing. F. Alternate PARB members shall be subject to disqualification in the same manner as primary PARB members as described in this policy. Alternate PARB members may also request to be excused from serving in the same manner as primary PARB members as described in this policy. If more than one alternate PARB member is eligible to serve on a specific appeal hearing, the alternate PARB member who will serve for the appeal hearing shall be selected at random in a process prescribed by the Human Resources Director. EXHIBIT A 30 N~ARANA TOVttJ p€ MARANA Chapter 5 WORK RULES G. The three PARB members designated to serve for a specific appeal hearing shall serve for that entire appeal hearing. Section 5-7-7 Special Appointment of PARB Members If at any time there is an insufficient number of eligible PARB members to conduct an appeal hearing, the Town Council may appoint. pro-tem members as needed to ensure appropriate representation on the PARB as described in this policy. Section 5-7-8 Voluntary Capacity All PARB Members serve in a voluntary capacity. PARB Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-9 Meetings of the PARB A. The PARB may hold regular meetings at its discretion, but shall meet at least once annually at such time and place within the Town as is designated by the PARB Chairperson in conjunction with the Human .Resources Director. B. The PARB may hold special meetings upon the call of the Chairperson or a majority of the members of the PARB. C. The Human Resources Director shall act as secretary to the PARB, shall keep its minutes and records of its work and shall assist the PARB in scheduling meetings and hearings. The Human Resources Director shall provide staff as needed to assist the PARB with any administrative tasks and to carry out its meeting functions. D. A majority of the primary members of the PARB shall constitute a quorum for the transaction of business. Any decision of the PARB shall require the majority vote of the members constituting a quorum of the PARB. E. Meetings, including. appeal hearings, shall be properly noticed and conducted in accordance with Arizona's open meeting laws, A.R.S. § 38-431 et seq., and such operational rules and procedures as shall be adopted by the PARB. F. Meetings, including appeal hearings, shall be recorded and accurate minutes, prepared to comply with the requirements of the open meeting law, shall be approved by the PARB and forwarded to the Town Clerk. Minutes of executive sessions shall be maintained confidentially and shall be disclosed only in compliance with the open meeting law. G. The PARB may be assisted by the PARB attorney at any meeting of the PARB. EXHIBIT A 31 ~~~~~~ MA~2ANA ~' 1 '~ T©K'M1t 'JF ivtAAANA Chapter 5 WORK RULES Policy 5-8 INFORMAL PERSONNEL ACTION REVIEW PROCEDURES Section 5-8-1 Purpose The Town of Marana provides informal personnel action review procedures as a means to ensure that all employees receive fair and equitable treatment and have recourse to seek review of disciplinary actions that are not subject to formal personnel action review. Section 5-8-2 Applicability A. The provisions of this policy apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. B. The provisions of this policy do not apply to unclassified employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. Section 5-8-3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are not subject to formal personnel action review. Section 5-8-4 Disciplinary Actions Subject to Informal Personnel Action Review Only the following disciplinary actions shall be subject to informal personnel action review under this policy: A. Verbal reprimands B. Written reprimands C. Suspensions without pay for 40 hours or less in a rolling 12-month period. Section 5-8-5 Informal Personnel Action Review Steps A. Step One 1. To request review of a disciplinary action that is subject to informal review under this policy, the employee must file a written request for review with the supervisor who issued the discipline within ten business days of the date the employee receives notice of the disciplinary action. EXHIBIT A 32 ...: ~`--~ `~. 11~ARANA ~.~~~ ..~.~./ I IO'kN pP hdARANA Chapter 5 WORK RULES 2. The request for review shall be on a form provided by the Human Resources Department. 3. Within five business days of the supervisor's receipt of the employee's request for review, the supervisor shall provide a written response to the employee on the form provided. 4. If the Department Head is the supervisor who issued the disciplinary action, then the informal review process ends at this step. The Department Head's decision is final. B. Step Two 1. If the procedure in Step One does not resolve the issue to the employee's satisfaction and does not involve a final decision of the Department Head, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the next level manager, if any. The employee must file the request for review within five business days of receipt of the supervisor's written response. The request for review must include a written response to the supervisor's comments, indicating the areas of disagreement with the supervisor's comments and a proposed solution. 2. Within five business days of the manager's receipt of the employee's request for review, the manager shall provide a written response to the employee on the form provided. 3. If there is no next level manager between the supervisor issuing the discipline and the Department Head, the employee may proceed directly to Step Three. C. Step Three 1. If the procedure in Step Two does not resolve the issue to the employee's satisfaction, the employee may request review of the disciplinary action by filing. the written request for review, on the form provided, with the Department Head. The employee must file the request for review within five business days of receipt of the manager's written response. The request for review must include a written response to the manager's comments, indicating the areas of disagreement with the manager's comments and a proposed solution. 2. Within five business days of the Department Head's receipt of the employee's request for review, the Department Head shall provide a written response to the .employee on the form provided. 3. All decisions of the Department Head pursuant to this policy are final and not appealable within any Town process. EXHIBIT A 33 ~~~/~~~ ... ~'/I\ TOWN OP is ARANA Chapter 5 WORK RULES Section 5-8-6 General Rules A. In the absence of good cause, the employee's failure to timely pursue any step in the review process shall result in the termination of the review process and the employment action shall stand. B. If a supervisor or manager does not respond to the employee within the time allotted by this policy, the employee may proceed to the next step in the process. C. No discipline, retaliation, or threats of retaliation shall be taken against any employee as a result of the employee's participation in this review process. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. D. Disciplinary actions subject to informal personnel action review may be resolved or settled at any step in the process. The request for informal personnel action review shall be processed until either the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. E. Upon reversal of the decision at any step in the informal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred, from the effective date of the disciplinary action pursuant to the provisions of this policy. F. The employee may have anon-attorney co-worker of the employee's choosing as a representative at any step in the review process. The co-worker may not speak on behalf of the employee and may only participate as an observer. The employee shall be permitted reasonable breaks of limited duration during any step in the review process to consult with the co-worker or others who are immediately available, telephonically or otherwise. EXHIBIT A 34