HomeMy WebLinkAboutResolution 2010-029 revising personnel policies chapter 8 - termination of employmentMARANA RESOLUTION N0.2010-29
RELATING TO PERSONNEL; APPROVING AND ADOPTING AN AMENDMENT TO THE
TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 8 -
TERMINATION OF EMPLOYMENT, SECTION 8-1-6 "LAYOFF AND RECALL"
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 the Council's March 9, 2010 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.
MARANA, ARIZONA, this 16th day of March, 2010.
Mayor d ones
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OFT E TOWN OF
APPROVED AS TO FORM:
:~' ,~ ~ , .
,Frank Cas dy, Town Atto ey
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TCkWN 06 MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
POLICY 8-1 EMPLOYMENT END
Employment with the Town of Marana may be ended voluntarily or involuntarily.
Section 8-1-1 Service Retirement
Service retirement is voluntary termination after having satisfied the employment
requirements of applicable retirement system procedures.
Section 8-1-2 Disability Retirement
Disability retirement is voluntary termination necessitated by an injury or illness that renders
the employee incapable of performing the essential tasks of his or her usual job. The
termination is preceded. by a letter by the employee to his or her supervisor advising of the
disability ruling, date of termination, supporting documentation, and a ruling by the
appropriate agency verifying the disability and approving the retirement.
Section 8-1-3 Employee-Initiated Resignation
An employee-initiated resignation is voluntary termination for any reason other than formal
retirement. An employee wanting to leave the Town in good standing should provide a
written resignation to his or her immediate supervisor at least 14 calendar days prior to the
effective date of resignation. During the two weeks before the effective date, the employee
will be available for work to aid in the training of a replacement. Exceptions to the time limit
requirement may be granted by the Town Manager.
Section 8-1-4 Termination during Initial Evaluation
During the initial evaluation period, an employee may be terminated at any time, with or
without cause, by a Department Head after consultation with the Human Resources Director
and the Town Manager.
Section 8-1-5 Discharge
Discharge is involuntary termination or dismissal of an employee by the Town.
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EXHIBIT A TO MARANA RESOLUTION N0.2010-29
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CHAPTER 8
TERMINATION OF EMPLOYMENT
Section 8-1-6 Layoff and Recall
A. Definitions
1. A layoff is a reduction in the Town's work force due to a shortage of work or funds or
a material change in duties or organization. Layoffs shall not be used in lieu of
discipline.
2. For purposes of this section, seniority shall be defined as an employee's total length
of continuous service with the Town as a probationary/regular employee.
B. Applicability
The provisions of this section apply to all regular full- and part-time classified
employees who have completed the initial evaluation period as defined in the
Marana Town Code and these Personnel Policies and Procedures.
2. The provisions of this section do not apply to unclassified employees, probationary
employees or other at-will employees, as defined in the Marana Town Code and
these Personnel Policies and Procedures. However, unclassified employees,
probationary employees and other at-will employees may be subject to job
elimination or termination due to a shortage of work or funds or a material change in
duties or organization.
C. Layoff Plans
Layoffs shall be accomplished on a department basis in accordance with a layoff
plan prepared by the Department Head and approved by the Town Manager's
Office, the Human Resources Department and the Legal Department.
2. The layoff plan shall include the reason for the layoff, a list of each position subject
to layoff by classification and a list of the employees holding the positions within the
specified classification(s).
3. Regular full- and part-time classified employees in grant-funded positions shall not
be subject to layoff.
4. In any approved layoff plan, all vacant positions in the specified classification(s)
within the department shall first be eliminated. Next, all temporary and/or
probationary employees occupying the specified classification(s) within the
department shall be terminated prior to the layoff of any regular employees in the
specified classification(s) within the department. Regular employees within the
specified classification(s) within the department shall then be laid off in inverse order
of seniority.
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EXHIBIT A TO MARANA RESOLUTION NO.2010-29
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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.
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EXHIBIT A TO MARANA RESOLUTION N0.2010-29
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CHAPTER 8
TERMINATION OF EMPLOYMENT
G. Personnel Action Review Board (PARB) Review
1. Employees who are laid off pursuant to the provisions of this section may request to
have the layoff decision reviewed by the Town's Personnel Action Review Board
(PARB).
2. To request PARB review, eligible employees must submit a written request for
review, on a form provided by the Human Resources Department, to the Human
Resources Director within ten calendar days after the effective date of the layoff.
3. Within ten calendar days of receipt of the employee's request for review, the Human
Resources Director shall submit the request for review to the PARB.
4. Upon receipt of the employee's request for review, the PARB, or the Human
Resources Director in conjunction with the PARB Chairperson, shall set a date for a
review hearing. The hearing should take place within 30 calendar days of the
PARB's receipt of the request for review, unless the time is extended by the PARB,
or unless the PARB is unable to hold the hearing within that time, or for other good
cause.
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 ~rs+l~ess
calendar 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
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 apre-layoff transfer retains all accrued sick and vacation
leave and compensatory time. The employee shall serve an initial evaluation period
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EXHIBIT A TO MARANA RESOLUTION NO.2010-29
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CHAPTER 8
TERMINATION OF EMPLOYMENT
in the classification the employee transfers into if the employee has not completed
an initial evaluation period in that classification previously.
Recall
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.
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EXHIBIT A TO MARANA RESOLUTION NO.2010-29