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Home My WebLink AboutResolution 2009-133 revising chapter 5 - Work Rules relating to personnel action review boardMARANA RESOLUTION N0.2009-133 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 5 -WORK RULES, POLICY 5-7 - PERSONNEL ACTION REVIEW BOARD (PARB); 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 maybe 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 August 4, 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. 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, t 2009. >/ Mayor Ed Honea ATTEST: ce yn C ronson, Town Clerk {00016074.DOC /} APPROVED AS TO FORM: -, % f.9 v ~ ~„. Cassidy, Town ~A~~~~ rowN of r~~a~,r~n 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 +hr°° r,rirv~^ra fib members ^~~ +hr°° ~±~+°rn•±+° m°mh°rc~' 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 pr~al~ members. Section 5-7-2 Appointment of PARB Members A orim^r., ^r,a ^~+°rr~^+° PARB members shall be appointed by the Town Council pursuant to ~~~bl Town Code provisions. B. Preference shall be given to applicants who have human resources and/or personnel management experience. ^A mG~I'1'17Tf1lCGGT Section 5-7-3 PARB Member Orientation Upon the 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 PARE members. Section 5-7-4 PARB Member Terms A. The first PARB members aooointed after the effective ate of this oolicv shall serve the followina terms: 1. Three PARB members shall serve terms of +h~ four years. nr,° r,rim^r.i .,,,°mh°r °mh ^II c°ra° + n .,f fi~ir~ rn Th° T°uir~ /''°~ mni~^II a•r-~-9FlP-a~te~Fla~~-Fll~Trrver~urracrvc~eFC~I-.TVr-cvvv `y'ear~~r crrr cloein n^+° +h° #°rm '+f °^nh m°mh°r ~~ih°^ r.nn°in+m e~n+ in mr. rl° 2. Two PARB members shall serve initial terms of two vears. B. Thereafter, the term of office for each PARB member shall be four vears {00015776.DOC / 3 } EXHIBIT A It~ARAI~A TO'R'N OF FvtAR.1NA Chapter 5 WORK RULES Section 5-7-5 Removal of PARB Members #ese 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 #er with or without cause. Section 5-7-6 Replacement of PARB Members If it becomes necessary to e-~tEy replace a .,,-,.,.,°^~ ^~ ^'+°~^°+° PARB member at any time ,the Human Resources Director shall ensure that an appropriate replacement is selected in accordance with this policy aoolicable Town Code provisions. A replacement PARB member shall finish the original term of the PARB member being replaced. Section 5-7-7 Appeal Hearings A. When an aooeal hearina_ is scheduled in accordance with the provisions of this chanter. the PARB Chairperson, or the Human Resources Director with the concurrence of the PARB. shall designate three PARB members to hold the hearina and take testimony. B. I the PARB Chairperson is not among the members holding the hearina. the Vice-Chairoerson shall serve as the Chairperson for that hearina. If neither the PARB hairoerson nor Vice-Chairperson are among the members holding the hearina. the PARB members holding the hearina shall select one of their members to serve as hairoerson for that hearina. C. A pr~aa~y PARB member shall be disqualified from serving on the PARB for a specific appeal hearing under any of the following circumstances: 1. The PARB member is a witness to or is otherwise personally involved in the matter on appeal to the PARB. 2. The PARB member is related either by blood or marriage to, or has a similar personal relationship or friendship with, the appealing employee, the appealing employee's supervisor, the appealing employee's Department Head, either party's representative or any person listed as a witness by either party. D 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. E. A PARB member may request to be .excused from serving on the PARB for a specific appeal hearing due to extenuating personal circumstances or unavailability. The PARB {00015776.DOC / 3} EXHIBIT A ,~~~ ~-.,~, ~~~~~~ ~1~' 1 \ TQY1N pP tdAfWP1A Chapter 5 WORK RULES 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. F. 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. ~ rlocr•r~h in thin nnlin~i AI# ~#o DA ~Q m h Ic~i, pr~a~R~~B~el~er~-a~-~~,;~ed teFr~,~-r-~-„~er~ ypayy~` t~~~`~~`P~~~~pl~yl~Jn #ho nn mew m.~nne~r nc~ nrim~ni QA ~Q mom horc~ nc~ I'liron#r,r VTT'GC[Vf': G. The three PARB members designated to serve for a specific appeal hearing shall serve for that entire appeal hearing. Section 5-7-8 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 5-7-9 Voluntary Capacity All PARB tVlmembers serve in a voluntary capacity. PARB ~Fmembers shall not be compensated nor shall they receive any benefits from the Town for their service on the PARB. Section 5-7-10 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 {00015776.DOC / 3} EXHIBIT A ~~~A~~ ~~~/1\ tQwmt ~F rn ARAN a Chapter 5 WORK RULES 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 ~ 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. {00015776.DOC / 3} EXFIIBIT A