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Home My WebLink About06/15/2010 Council Agenda Packet.r"~.." \ ~~~~ ~~~ ~~ .~~~F ~~s REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 15, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford,. Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all payers and cell.phones. Meeting Times Welcome to this Marana Council meeting: Regular Council meetings are usually held the first and third Tuesday of each month at 7.:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda.. Speaking at Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -June 15, 2010 -Page 1 of 192 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, June 14, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www,marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2010-53: _Relating to Community Development; approving Regular Council Meeting -June 15, 2010 -Page 2 of 192 and authorizing the Town Manager to execute an intergovernmental agreement between Pima County, the Cities of South Tucson and Tucson, and the Towns of Oro Valley, Sahuarita, and Marana for Receipt of the American Recovery Act Edward Byrne Memorial Justice Assistance Grant Program award (T VanHook) C 2: Resolution No. 2010-54:___Relating to Community Development; approving and authorizing the full execution of an IGA with Pima County for renewal of the Community Development Block Grant and HOME Investment Partnership through June 30, 2013 (T VanHook) C 3: Resolution No. 2010-55: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners (Cedric Hay) C 4: Resolution No. 2010-56: Relating to Bingo Licenses; recommendation to the State Department of Revenue regarding a Class B bingo license application submitted by St. Christopher's Catholic Church located at 12101 Moore Road (Jocelyn C. Bronson) C 5: Minutes of the June 1, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by the American Diabetes Association on behalf of Harley-Davidson, 7355 N. I-10 EB Frontage Road for fundraisers to benefit the American Diabetes Association BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2010-57__Relating to Budget; adopting the fiscal year 2010-2011 final budget (Erik Montague) A 2: Resolution No. 201058Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2010-2011 (Suzanne Machain) A 3: _Resolution No. 2010-59: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2010-2011 (Suzanne Machain) A 4: _Resolution No. 2010-60: Relating to the Police Department; approving and authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the Town of Marana and the Marana Police Officers' Association relating to wages, hours and working conditions (Suzanne Machain) A 5: Resolution No. 2010-61: Relating to Mayor and Council; cancelling the July 6, 2010 regular council meeting (Jocelyn C. Bronson) ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Legislative%Lntergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (Steve Huffman) Regular Council. Meeting -June 15, 2010 -Page 3 of 192 EXECUTIVE SESSIONS E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -June 15, 2010 -Page 4 of 192 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010=53_Relating to Community Development; approving and authorizing the Town Manager to execute an intergovernmental agreement between Pima County, the Cities of South Tucson and Tucson, and the Towns of Oro Valley, Sahuarita, and Marana for Receipt of the American Recovery Act Edward Byrne Memorial Justice Assistance Grant Program award Discussion: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support a wide variety of programs across the criminal justice system and are administered in Arizona by the Arizona Criminal Justice Commission. JAG grant funds have been used by the Marana Police Department (MPD) to support DUI enforcement, automobile theft prevention, and a number of other programs over the past few years. In 2009, the Town of Marana had opportunity to apply for designated funding through the Recovery Act Edward Byrne Memorial Justice Assistance Grant Program, a funding program authorized by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (the "Recovery Act") and by 42 U.S.C. 3751(a). The stated purposes of the Recovery Act are: to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and to stabilize state and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. JAG recovery funding has been allocated to states and individual jurisdictions using a formula based system. The calculations are based on Bureau of Justice Statistics, national population rates, and Part 1 violent crimes. Once the state allocations were calculated, individual jurisdictions are awarded asub-allocation based on the total violent crimes reported within the state. Based on the established criteria, the Town will receive $38,696 of Arizona's $41,966,266 total award. The Town applied for these funds as asub-grantee with the City of Tucson serving as the authorized applicant. The City will be receiving 3% to 10°10 of the allocation as an administrative Regular Council Meeting -June 15, 2010 -Page 5 of 192 fee. MPD requested and received funding for the purchase of a replacement Motor Unit. This purchase will allow MPD to keep current force strength of motors in the field and support the Town strategy to maintain the level of critical services being threatened by the current economic downturn and budgetary restraints. The primary goal of the Marana Motor Replacement and Service Retention project is to maintain current force strength of sworn officers and the level of essential services. Major objectives of this project include: • Replace aging motor unit • Retain the high visual presence of the Marana Police Department on the streets • Coordinate efforts between the Town of Marana Police and other jurisdictions to mitigate problems resulting from the current financial crisis. The Town will initiate purchase of the requested equipment under an existing procurement immediately upon full execution of the joint IGA. Once the new equipment is purchased, MPD will transition out retiring motor units without a disruption in service. It is estimated that the acquisition and retrofitting process will be completed approximately 90 days from time of award. Financial Impact: The $38,200 covers the cost of the BMW Motorcycle with factory Police options ($25,000); one (1) Helmet with Blue Tooth PD Radio functions ($1,500), and installation of one (1) Motorola XTL 500 split radio ($5,000); one (1) radar hand held with motorcycle mount ($3,000); one (1) emergency lighting and radio system ($2,500); one (1) traffic signal preemption system ($1,000); and customized Graphics ($200). All costs are based on recent purchases of equipment and state contract pricing. No matching funds are required under this grant program. ATTACHMENTS: Name: Description: Type: D Reso approving IGA_for JAG ARRA funds_(00021389- Resolution Resolution 2).DOC O Police -JAG Stimulus IGA 06-2010.doc Joint Stim IGA Exhibit Staff Recommendation: Council's pleasure. Suggested Motion: I move to adopt Resolution No. 2010-53, approving and authorizing the Town Manager to execute an intergovernmental agreement between Pima County, the Cities of South Tucson and Tucson, and the Towns of Oro Valley, Sahuarita, and Marana for Receipt of the American Recovery Act Edward Byrne Memorial Justice Assistance Grant Program award. Regular Council Meeting -June 15, 2010 -Page 6 of 192 MARANA RESOLUTION N0.2010-53 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY, THE CITIES OF SOUTH TUCSON AND TUCSON, AND THE TOWNS OF ORO VALLEY, SAHUARITA, AND MARANA FOR RECEIPT OF THE AMERICAN RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM AWARD WHEREAS the Town of Marana recognizes its duty to protect its citizens and is empowered by A.R.S. § 9-240(B)(12) to maintain a police department; and WHEREAS the American Recovery and Reinvestment Act of 2009 (ARRA) (Public Law 111-5) and 42 U.S.C. § 3751(a) authorized special funding for the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program to assist police departments across the country; and WHEREAS the Marana Police Department is partnering with Pima County, the Cities of Tucson and South Tucson, the Towns of Oro Valley and Sahuarita, the United States Government, and other community agencies to receive funding under the ARRA JAG Program; and WHEREAS JAG funds were authorized under ARRA to support a wide variety of programs across the criminal justice system to assist with the creation and retention of jobs; and WHEREAS funding in the amount of $38,696.00 has been awarded to the Town of Marana for the purchase of a replacement motor unit. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between Pima County, the Cities of South Tucson and Tucson, and the Towns of Oro Valley, Sahuarita, and Marana for Receipt of the American Recovery Act Edward Byrne Memorial Justice Assistance Grant Program award, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. 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 intergovernmental agreement. Regulq~~~~~~~~~gLO~r~ 15, 2010 -Page 7 of 192 1 {00021389.DOC / 2} PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regull~~~~~~~~g20~r~ 15, 2010 -Page 8 of 192 2 {00021389.DOC / 2} INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award WHEREAS, the City of Tucson (herein after referred to as the "City"), Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, (collectively hereinafter referred to as "Recipients"), desire to enter into this Intergovernmental Agreement hereinafter referred to as "Agreement," on behalf of their respective operations; and WHEREAS, the City is empowered by its charter to enter into contracts and maintain the Tucson Police Department (herein after referred to as "TPD") for the purposes stated herein, and is authorized by Arizona Revised Statutes §11-952 et. seq., to enter into intergovernmental agreements, and has authorized TPD to act as fiscal agent for this agreement, and WHEREAS, the Parties are authorized to enter into this agreement pursuant to Arizona Revised Statutes §11-952, and WHEREAS, the Department of Justice requires disparate jurisdictions to enter into a Memorandum of Understanding indicating which jurisdiction will serve as the applicant/fiscal agent for the joint JAG funds; and WHEREAS, The City agrees to act as the applicant fiscal agent and provide Pima County $1,323,724.50 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide the City of South Tucson $92,388 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide the Town of Sahuarita $13,701 from the JAG Regular Council Meeting -June 15, 2010 -Page 9 of 192 award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide The Town of Oro Valley $14,256 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible programs; and provide the Town of Marana $38,696 from the JAG award plus a proportional share of the interest earned during the life of the grant for use in eligible program. WHEREAS, the Pima County Attorney's Office (PCAO) will use their portion of $661,862.25 plus interest earned to fund salary and employee related expenses for criminal prosecution positions; and WHEREAS, the Pima County Sheriff's Department (PCSD) will apply its allocation ($661,862.25) towards technological applications to increased operational capabilities in order to support the current release of PCSD criminal justice information resource including upgrades to current server, network and user authentication systems; and WHEREAS, the City of South Tucson Police Department will apply its allocation ($92,388) towards purchasing a replacement patrol vehicle, purchase replacements for Officer safety equipment, increasing functionality of current Information Technology (IT) equipment by deploying printers and computers, replace aging IT equipment (PC's/monitors), purchase 50 user licenses allowing the Department to upgrade its GroupWise Email system from version 5 to version 8 (current). And apply remaining funds to the purchase of one more Mobile Tactical Computers for a current Patrol Vehicle; and WHEREAS, the Town of Sahuarita Police Department will apply its allocation ($13,701) towards purchasing four radios, tactical flashlights, and one pair of handcuffs to replace malfunctioning units and to help keep force strength adequately supplied in the field; and Regular Council Meeting -June 15, 2010 -Page 10 of 192 WHEREAS, the Town of Oro Valley Police Department will apply its allocation ($14,256) to purchase of doors, equipment, and hardware as part of an overall Town strategy to enhance officer safety and equipment security while increasing the ability to respond to calls; and WHEREAS, the Town of Marana Police Department will apply its allocation ($38,696) to purchase a replacement Police Motor Unit with associated equipment to help keep force strength in the field. WHEREAS, it is in the parties best interests to reallocate the JAG funds. NOW, THEREFORE, in consideration of the mutual representations and covenants set forth herein, the parties hereby agree as follows: ARTICLE I. PURPOSE The purpose of this Agreement is to establish the responsibilities of the parties with respect to the fiscal management of funds provided under the JAG. This agreement sets forth the. responsibilities of the parties herein and conditions under which the agreement shall be executed. ARTICLE II. DURATION AND EFFECTIVE DATE The term of this agreement shall be from March 1, 2009 to February 28, 2013, which corresponds to the term for primary sources of federal funding for the agreement activities. The term may be extended by action of the parties if additional funding is obtained. ARTICLE III. OBLIGATIONS A. Role of the Recipients 1) To manage the resources purchased and maintained with the funds provided to each respective party. 3 Regular Council Meeting -June 15, 2010 -Page 11 of 192 2) To insure that all reimbursed costs meet the guidelines under which the JAG Program was awarded. 3) To provide documentation to the fiscal agent to support reimbursement of grant-funded expenditures incurred by each respective party on a monthly basis. Such documentation shall meet the criteria established by the fiscal agent. Role of the City: 1) To act as the fiscal agent .for the JAG Program and to maintain all financial records associated with grant expenditures. 2) To insure that all expenditures charged to the JAG Program are in accordance with federal guidelines. 3) To furnish the Recipients with the criteria necessary for those agencies to receive reimbursement. 4) To provide reimbursement to the Recipients as described in the recitals within 30 days of receipt of proper supporting documentation of grant- related expenditures. B. Relationships of Parties: 1) Each party shall appoint and identify a contact person for the exchange of information and resolution of any issues arising under this Agreement. Each party agrees to inform the other of the name and telephone number of such contact person and to exchange any other 4 Regular Council Meeting -June 15, 2010 -Page 12 of 192 information relevant thereto in order that the function may be performed. 2) The parties to this Agreement may jointly develop such Memoranda of Understanding to address the specifics of daily operations and training as may be necessary to implement the conditions of this Agreement. Any changes to such Memoranda of Understanding may be made by mutual agreement of the parties without the need for modifying the terms of this Agreement. 3) Each party is solely responsible for insuring that its grant-reimbursable expenditures comply with the policies and procedures required under the JAG Program award. Should any one of the Recipients incur expenditures that are deemed improper under the JAG Program guidelines and a reimbursement to the City is required, the recipient incurring the original expenditures shall be solely responsible for that reimbursement. No other party to this Agreement will be liable for any part of that reimbursement obligation incurred by the offending party. ARTICLE IV. INDEMNIFICATION AND INSURANCE Recipients agree to indemnify and hold harmless the City from all injuries to persons or property caused by acts or omissions of the Recipients or its agents arising out of the Recipient's activities under this Agreement to the extent permissible by law. In the event of concurrent 5 Regular Council Meeting -June 15, 2010 -Page 13 of 192 liability, the Recipients shall have the right of contribution from one another in proportion to the respective liability of each Recipient. ARTICLE V. TERMINATION This Agreement may be terminated in whole or in part as to any party hereto on notice by that party given in writing to the other parties not less than thirty (30) days in advance of the contemplated termination. ARTICLE VI. MISCELLANEOUS A. Nothing in this Agreement shall be construed as either limiting or extending the lawful jurisdiction of any party hereto other than as expressly set forth herein. B. The parties agree that should a dispute arise between them, in any manner, and said dispute involves the sum of Ten thousand Dollars ($10,000) or less in monetary damages only, exclusive of interest, cost or attorney's fees, the parties will submit the matter to Binding Arbitration and the decision of the arbitrator(s) shall be binding upon the parties. C. This Agreement is solely for the use and benefit of the parties thereto, and is not intended to confer rights or benefits on any third parties that would not exist in the absence of this Agreement. D. Non-Appropriation. Notwithstanding any other provision in this Agreement, this Agreement may be terminated if for any reason the City of Tucson does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, the City of Tucson shall have no further obligation 6 Regular Council Meeting -June 15,.2010 -Page 14 of 192 to the Recipients other than for payment with JAG Program funds for services rendered prior to cancellation. E. Legal Authority. If a court, at the request of a third person, should declare that any party lacks authority to enter into this Agreement, or any part of it, then the Agreement, or parts of it affected by such order, shall be null and void, and no recovery may be had by any party against another for lack of performance or otherwise. F. Worker's Compensation. The parties shall comply with the notice of A.R.S. 23- 1022(E). For purposes of A.R.S. 23-1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations in place, and said party shall have the sole responsibility for the payment of Worker's Compensation benefits or other fringe benefits of said employees.. G. Counterparts -This Agreement may be executed in one or more counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. H. Entire Agreement. This document constitutes the entire Agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This Agreement shall not be modified, amended, altered or extended except through a written amendment signed by the parties. Regular Council Meeting -June 15, 2010 -Page 15 of 192 I. A.R.S. § 41-4401 prohibits government entities from entering into an agreement with any other government entity contractor or subcontractor who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, each Party agrees that: 1) Party and each subcontractor it uses warrants its compliance with all Federal immigration laws and regulations that relate to its employees and its compliance with § 23-214, subsection A. 2) A breach of a warranty under paragraph 1 shall be deemed a material breach of the Agreement and is subject to penalties up to and including termination of the Agreement. 3) Each party retains the legal right to inspect the papers of the party or subcontractor employee(s) who work(s) on this Agreement to ensure that party or subcontractor is complying with the warranty under paragraph 1. J. Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, each party certifies that it does not have a scrutinized business operation, as defined in A.R.S. §§ 35-391 and 35- 393, in either Sudan or Iran. In Witness Whereof, the City of Tucson has caused this Agreement to be executed by its Mayor upon resolution of the Mayor and Council and attested by its Clerk, Pima County has caused this Agreement to be executed by the Chair of the Board of Supervisors upon resolution of the Board and attested by the Clerk of the Board, the City of South Tucson has caused this Agreement to be executed by its Mayor upon resolution of the Mayor and Council and attested by its Clerk, the Town of Oro Valley has caused this Agreement to be executed by its Interim Town Manager and attested to by its Town Clerk, the Town of Sahuarita has caused this Agreement to be executed by its Town Manager and attested by its Town Clerk, and the Town of Marana has caused this Agreement to be executed by its Town Manager and attested by its Town Clerk. s Regular Council Meeting -June 15, 2010 -Page 16 of 192 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award CITY OF TUCSON, AZ Robert E. Walkup Mayor Date Attest: City Clerk Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. City of Tucson: City Attorney Date Regular Council Meeting -June 15, 2010 -Page 17 of 192 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award COUNTY OF PIMA, AZ Richard Elias, Chair Date Board of Supervisors Attest: Clerk of Board of Supervisors Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Pima County: County Attorney Date 10 Regular Council Meeting -June 15, 2010 -Page 18 of 192 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award CITY OF SOUTH TUCSON Jennifer Eckstrom Date Mayor Attest: City Clerk Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. City of South Tucson: City Attorney Date 11 Regular Council Meeting -June 15, 2010 -Page 19 of 192 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award TOWN OF ORO VALLEY Jerene Watson Date Interim Town Manager Attest: Town Clerk Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Town of Oro Valley: Town Attorney Date 12 Regular Council Meeting -June 15, 2010 -Page 20 of 192 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award TOWN OF SAHUARITA James Stahle Town Manager Date Attest: Town Clerk Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Town of Sahuarita: Town Attorney Date 13 Regular. Council Meeting -June 15, 2010 -Page 21 of 192 INTERGOVERNMENTAL AGREEMENT Between Pima County, City of South Tucson, Town of Sahuarita, Town of Oro Valley, Town of Marana, and the City of Tucson For the American Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award TOWN OF MARANA Gilbert Davidson Town Manager Attest: Town Clerk Date Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between the City of Tucson, Pima County, the City of South Tucson, the Town of Oro Valley, the Town of Sahuarita, and the Town of Marana has been reviewed pursuant to A.R.S. 11-952 by the undersigned, who has determined that it is proper form and is within the powers and authority granted by law to the party represented. Town of Marana: Town Attorney Date 14 Regular Council Meeting -June 15, 2010 -Page 22 of 192 ~~~ ~,~ ~~~ %1.i'~s" ~v' ~r'> 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-54: Relating to Community Development; approving and authorizing the full execution of an IGA with Pima County for renewal of the Community Development Block Grant and HOME Investment Partnership through June 30, 2013 Discussion: Each year, the Town of Marana receives Community Development Block Grant (CDBG) funding each year through Pima County. These funds are traditionally used to provide safe and affordable housing, neighborhood infrastructure, and parks. In addition, the Town has applied for and will receive HOME Program funding to support the Honea Heights III housing project and may wish to apply for funding for future projects under this program. Both HOME and CDBG federal funding are passed through Pima County through an application process. As a designated "Urban County," Pima County serves as the sponsoring agency for distribution of CDBG and HOME Program funding under U.S. Department of Housing Urban and Development's (HUD) Housing and Community Development Act of 1974. This makes it necessary for the Town to both partner with the County and apply for funding under the system. Every three years Pima County is required to requalify as an Urban County in the CDBG Program. Incorporated political jurisdictions within the County may elect to either join with the County or compete for funds in the State of Arizona Small Cities Program. Joining with the County under this reapplication process automatically qualifies the Town of Marana to participate in the HOME Program. This requalification process requires that Pima County, as the sponsoring agency, enter into an Intergovernmental Cooperative Agreement with participating jurisdictions to meet the requirements of HUD's Housing and Community Development Act of 1974. ATTACHMENTS: Name: Description: Type: O Pima County_IGA- HUD CDA 1974 Approval. Pima County IGA HOME CDBG Partnership Resolution Resolution 2010-2013.DOC Regular Council Meeting -June 15, 2010 -Page 23 of 192 Staff Recommendation: Staff recommends that the Town of Marana renew the Intergovernmental Cooperative Agreement extending participation in the Urban County Program until June 30, 2013. Suggested Motion: I move to adopt Resolution No. 2010-54, authorizing the full execution of an IGA with Pima County for renewal of the Community Development Block Grant and HOME Investment Partnership through June 30, 2013. Regular Council Meeting -June 15, 2010 -Page 24 of 192 MARANA RESOLUTION N0.2010-54 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING FULL EXECUTION OF AN IGA WITH PIMA COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP RENEWAL THROUGH JUNE 30, 2013 WHEREAS, the Town of Marana recognizes the need to provide safe and affordable housing, neighborhood infrastructure, and parks for its citizens through the use of Community Development Block Grant (CDBG) and HOME Program funding; and WHEREAS, Pima County serves as the sponsoring agency for distribution of CDBG and HOME Program funding under HUD's Housing and Community Development Act of 1974 for distribution of Federal funding to an Urban County; and WHEREAS, the Town of Marana finds that it is in the best interest of its residents to enter into an agreement with Pima County to develop activities jointly in accordance with U.S. Department of Housing Urban and Development (HUD) guidelines and protocols; and WHEREAS, it is necessary for Town of Marana the to enter into this Intergovernmental Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of HUD's Housing and Community Development Act of 1974. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Contract between the Town of Marana and Pima County is herby approved and the Mayor is herby authorized to execute it for and on behalf of the Town of Marana. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15t" day of June, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 25 of 192 -~ 1 T Ft 1~f~\~ ts~ss, as.wsw. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-55: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners Discussion: The Town of Marana and Pima County have an existing intergovernmental agreement (IGA) which sets forth a fee schedule for the payment of the costs associated with incarceration of municipal prisoners at the Pima County Jail. The current IGA is set to expire June 30, 2010. This Resolution authorizes the Mayor to sign a new IGA with Pima County to provide for the continuation of this arrangement. The new IGA includes a cost increase in the amount of an additional $1.73 for the first day of incarceration and an additional $5.86 for every day thereafter. Aside from the cost increase the other terms remain unchanged. Financial Impact: It is not possible to quantify the exact impact of the cost increase since the Town's total costs are entirely dependent upon the number of people from our jurisdiction who are arrested and/or held at the Pima County Jail. Using FY2010 actual costs as a basis, it is estimated that the impact of the cost increase will be between $15,000 to $20,000. This assumes relatively similar rates of incarceration in FY2011. Funds are available in the FY2011 budget to cover this cost increase. ATTACHMENTS: Name: Description: Type: ^ Reso re IGA with Pima County for prisoner costs Resolution approving IGA with Pima County for payment for Resolution (00021385).DOC prisoners ^ IGA_with Pima County for payment_for prisoners EXhibit A -IGA with Pima County Exhibit (00021388~.PDF Staff Recommendation: Regular Council Meeting -June 15, 2010 -Page 26 of 192 Staff recommends approval of the IGA with Pima County for payment for the incarceration of municipal prisoners at the Pima County Jail. Suggested Motion: I move to adopt Resolution No. 2010-55, approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners. Regular Council Meeting -June 15, 2010 -Page 27 of 192 MARANA RESOLUTION N0.2010-55 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR PAY- MENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS WHEREAS the Town of Marana requires the use of an appropriate facility for the incarcera- tion of its prisoners; and WHEREAS the Mayor and Council of the Town of Marana have determined that the Pima County Jail, owned and operated by Pima County, Arizona, will fulfill the Town's needs; and WHEREAS the Town of Marana and Pima County are parties to an existing intergovernmen- tal agreement for payment for the incarceration of the Town's prisoners; and WHEREAS the current agreement will expire June 30, 2010; and WHEREAS the Mayor and Council of the Town of Marana have determined that entering into another intergovernmental agreement with Pima County for payment for the incarceration of municipal prisoners is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and Pi- ma County attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staffare hereby directed and au- thorized to undertake all other tasks necessary to carry out the terms and objectives of the intergov- ernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MA- RANA, ARIZONA, this 15~' day of June, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 28 of 192 {00027385.DOC ~i INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND TOWN OF MARANA FOR PAYMENT FOR THE INCARCERATION OF MUNICIPAL PRISONERS This T~itergovernmental Agreement (IGA) is entered into by and between Pima County, a body politic and corporate of the State of Arizona ("County") and. the Town of Marano, a municipal corporation ("Town") pursuant to A.R.S. § 11-952. Recitals County and Town may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-951, et seq. County and Town desire to enter into an agreement to incarcerate Town's municipal prisoners in the Pima County Adult Detention Complex {"PCADC"). NOW, THEREFORE, County and Town, pursuant to the above, mutually agree as follows: Agreement I. Purpose This IGA sets forth the terms and conditions under which Town's municipal prisoners shall be incarcerated in the PCADC. II. Scope County shall receive and detain all Town municipal prisoners who are medically fit to be incarcerated by County. County shall provide booking services, and after booking provide for the care, feeding and medical care of said prisoners. "Town municipal prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Marano Court, or as a result of an agreement between the Town and another jurisdiction to allow the person to serve his sentence locally, or has .been sentenced pursuant to an order of the Marano Town Court and for whom the Town has the legal obligation to provide or pay for prisoner housing. A prisoner arrested by Town of Marano Police Department solely on another governmental entity's warrant is not a Town prisoner.. Page 1 of 9 Regular Council Meeting -June 15, 2010 -Page 29 of 192 In regard to booking and related services and procedures, upon submission of the completed booking document to the PCADC Intake Support Specialist, County will immediately accept into custody all Town arresteea that present no obvious health issues that make the prisoner medically unacceptable for booking. Town agrees that such conditional acceptance will shorten the time officers spend in the booking process and benefit the Town. Within the initial ninety (90) minutes, County medical providers shall make a determination as to the prisoner's medical condition. Town agrees. that if the prisoner presents a serious, emergent medical problem requiring hospital examination or medical rejection for booking within ninety (90) minutes of the time of conditional acceptance, Town shall send an officer to the PCADC to transport the prisoner for such medical examination or care as maybe medically required as soon as possible. If a prisoner is taken from the FCADC for medical evaluation and returned to be incarcerated, Town shall not be charged twice for the first day billing rate of $200.38. By conditionally accepting the prisoner for the initial ninety (90) minute evaluation period, County does not in any way accept responsibility for the cast of medical care to be .provided to that prisoner should it be determined by County that the prisoner requires hospitalization or that the prisoner is medically unacceptable for booking. County shall provide such booking and related services as prescribed by operations plans jointly approved by the Town of Marano Police and the Sheriffof Pima County. Transportation of prisoners to Town of Marano Court or other locations, only as ordered by Town of Marano Court, shall be the responsibility of the Town. County shall be responsible for transportation of prisoners for medical care after the prisoner has been in PCADC custody for ninety (90) minutes or more. III. Financing Town shall pay a first day billing rate of $200.38 to cover booking and intake expenditures and prisoner housing. For each billable day following the first day, Town shall pay $82.03 per day. The two rates are applicable to the period July 1, 2010 through June 30, 2011. The billing day as defined herein applies to each Town prisoner who is an inmate in, or under the control of the PCADC. A. Criteria and Rules Governing Billing: 1. A "billable day" means that period commencing at 0000 hours and ending as 2359 hours that same day, or any fractional part thereof, of any day the Town prisoner is in the custody or control of the PCADC. 2. A "modified billable day" means a billable day which is modified to reduce billing to one billable day at the first rate. "Modified billable days" are only applicable when applied to pretrial Town defendants who are booked between 1800-2359 hours one day and released on the Town charge at the first AM initial appearance the following day. Page 2 of 9 Regular Council Meeting -June 15, 2010 Page 30 of 192 3. "Billable custody" means any pretrial custody involving a misdemeanor offense which will be tried ar adjudicated in Town of Marano Court, or any custody pursuant to a sentence imposed by Town of Marano Court. 4. "Local limited jurisdiction courts" means those courts whose criminal jurisdiction is limited to misdemeanor offenses. B. Criteria for Assessment of Billing: 1. The costs of incarceration of Town prisoners shall commence on the day the prisoner is booked or held based on a Town charge into, or sentenced by, Town of Marano Court. Costs for incarceration shall cease under the guidelines established under the definition of "billable day." For Town pretrial defendants booked between 1800 and 2400 hours one day and released on all Town charges at or by the AM initial appearance the following morning, the Town shall be billed according to the guidelines established under the definition of "modified billable day." 2. When a prisoner is in custody for a charge or sentence from more than one local limited jurisdiction court, the billing charges for days of joint custody shall be apportioned. Costs for incarceration for days of joint custody shall be apportioned evenly based on the guidelines established under the defmition of "billable day" among those jurisdictions from which the joint custody arises. 3. A Town prisoner who is subsequently charged into Pima County Superior Court and held in-custody on felony charges will cease to accrue billing charges after 2359 hours on the date that custody for felony charges is established. Felony custody shall take effect on the date when charging information is received in the PCADC Records Section and the prisoner is actually being held in-custody on the felony charges. 4. In the event of an escape, billing charges will cease to accrue after 2359 hours on the day of escape. In the event of a failure to report from authorized leave, billing charges will cease after 2359 hours of the last day of custody. Billing charges will begin again on the day the prisoner is recaptured or returned to custody and is actually .being held in the PCADC. County will submit a statement of Town prisoner charges on a monthly basis. This statement shall provide information in alphabetical order as follows: name of prisoner, booking date, release date, indication of booking day billing or subsequent day billing, billing period, daily rates, total billing days, and the total bill. Town shall be allowed access to necessary computer systems in a timely manner to verify the billing. Page 3 of 9 Regular Council Meeting -June 15, 2010 -Page 31 of 192 Any individual prisoner charges disputed shall be made known to the County within thirty (30) days after receipt of the monthly billing. If Town notifies County of a dispute within thirty (30) days of receipt of the monthly billing, Town may withhold payment on those specific prisoners for whom billing is disputed until the dispute is resolved. No dispute will be accepted if not made within thirty (30) days after receipt of the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within forty-five (45) days of the monthly billing. All charges shall be paid within sixty (60) days of receipt of the monthly billing, excluding disputed charges. Disputed charges shall be paid within thirty {30) days of resolution of the dispute. Charges remaining unresolved after the sixty (60) day period may be arbitrated by a mutually accepted third party. Town agrees to pay interest on outstanding charges beginning on the tenth day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent to County in payment of a previously disputed charge, Town will attach an invoice detailing what speck charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge disputed and the amount of payment being withheld will be specified on an invoice attached to the payment check for the period in which the disputed charge was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. Neither Party shall be obligated to the other for any costs incurred pursuant to this IGA except as proved herein. N. Term This IGA is fox the period July 1, 2010 through June 30, 2011 and shall be effective upon execution by the governing boards of the Parties. The Parties shall have the option of extending this IGA for four (4) additional one-year periods or any portion thereof. Any revisions or extensions of this IGA shall be by written amendment executed by the governing boards of the Parties. V. Termination Either Parry may at any time and without cause terminate this IGA by providing the other Party ninety (90) days written notice of intent to terminate. VI. Jurisdiction Nothing in this IGA shall be construed as either limiting or extending the statutory jurisdiction of the Parties. VII. Indemnification To the extent permitted by law, each party (as Indemnitor) agrees to indemzaify, defend and hold harmless the other party (as Indemnitee). from and against any and all claims, losses, liability, costs ar .expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the Indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the Indemnaitor, its officers, officials, agents, employees, or volunteers. Page 4 of 9 Regular Council Meeting -June 15, 2010 -Page 32 of 192 VIIL Insurance Each Party shall obtain and maintain at its own expense, during the entire term of this IGA the following types} and amounts of insurance: a) Commercial General Liability in the amount of $1,000,OOOAO combined single limit Bodily Injury and Properly Damage. b) Commercial or Business automobile liability coverage for owned, non-owned and hired vehicles used in the performance of this Contract with limits in the amount of $1,000,000.00 combined single limit or $1,000,000.00 Bodily Injury, $1,000,000.00 Property Damage. c) If required by law, workers' compensation coverage including employees' liability coverage. Parties to this IGA shall provide thirty (30} days written notice to all other Parties of cancellation, non-renewal or material change of coverage. The above requirement may be alternatively met through self insurance pursuant to A.R.S. §§ 11-261 and 11-981 (or if a school district, § IS-382) or participation in an insurance risk pool under A.R.S. § 11.952.01 (if a school district, § 15-382), at no less than the minimal coverage levels set forth in this article. Parties to this agreement shall provide thirty (30) days written notice to all other Parties of cancellation, non-renewal or material change of coverage. IX. Compliance With Laws The Parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the Parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. X. Arbitration The Parties agree to be bound by arbitration, as provided by in Arizona Revised Statutes § 12-1501 et. seq., to resolve disputes arising out of this IGA where the sole relief sought is monetary damages not in excess of the jurisdictional limit set by the Pima County Superior . Court. Page 5 of 9 Regular Council Meeting -June 15, 2010 -Page 33 of 192 XI. Non-Discrimination The Parties shall not discriminate against any County or Town employee, client or any other individual in any way because of that person's age, race, creed, color, religion, sex; disability or national origin in the course of carrying out their duties pursuant to this IGA. The Parties shall comply with the provisions of Executive Order 75-5, as amended by Executive Order 99-4, which is incorporated into this IGA by reference, as if set forth in full herein. XII. ADA The Parties shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XIII. Severability If any provision of this IGA, or any application thereof to the Parties or any person or circumstances, is held invalid, such invalidity shall not affect other provisions ar applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XIV. Conflict of Interest This contract is subject to cancellation for conflict of interest pursuant to A.R.S.. § 38- 511, the pertinent provisions of which are incorporated herein by reference. XV. Non-Appropriation Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, County shall have no further obligation to Town other than for payment for services rendered prior to cancellation. XVI. Legal Authority Neither Party warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, should declare that either Party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by either Party against the other for lack of performance or otherwise. XVII. Worker's Compensation Each Party shall comply with the notice of A.R.S. § 23-1022 (E}. For purposes of A.R.S. § 23-1022, irrespective of the operations protocol in place, each Party is solely responsible for the payment of worker's compensation benefits for its employees. Page6of9 Regular Council Meeting -June 15, 2010 -Page 34 of 192 XVIII. No Joint Venture It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create .any partnership, joint .venture or employment relationship between the Parties or create any employer-employee relationship between County and any Town employees, or between Town and any County employees. Neither Party shall be liable for any debts, accounts, obligations or other liabilities whatsoever of the other, including (without limitation) the other party's obligation to withhold Social Security and income taxes-for itself or any of its employees. XIX. No Third Party Beneficiaries Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA ox affects the legal liability of either Party to the IGA by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed bylaw. XX. .Notices Any notice required or permitted to be given under this IGA shall be in writing and shall be served by delivery or by certified mail upon the other Party as follows (or at such other address as may be identified by a party in writing to the other party): County: Pima County Sheriff s Department Corrections Bureau Chief 1750 E. Benson Hwy. Tucson, AZ 85714 Town: TOWN OF MARANA 11555 W. Civic Center Dr. Bldg A. Marano, AZ 85653 With copies to: County Administrator 130 West Congress Street, 10~' Floor Tucson, Arizona 85701 Clerk of the Board 130 West Congress, 5~` Floor Tucson, Arizona 85701 Page 7 of 9 Regular Council Meeting -June 15, 2010 -Page 35 of 192 XXI. .Entire Agreement This document constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered or extended except through a written amendment signed by the Parties. 1'n Witness Whereof, County has caused this Intergovernmental Agreement to be executed by the Chair of its Board of Supervisors, upon resolution of the Board and attested to by the Clerk of the Board, and Town has caused this Intergovernmental Agreement to be executed by the Mayor upon resolution of the Town Council and. attested to by the Town Clerk: PIMA COUNTY: Chaiur, Board of Supervisors TOWN OF MARANA Mayor Date Clerk, Board of Supervisors Date Date Town of Marana Clerk Date Page 8 of 9 Regular Council Meeting -June 15, 2010 -Page 36 of 192 Intergovernmental Agreement Determination The foregoing Intergovernmental Agreement between Pima County and the Town of Marana has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, wha have determined that it is in proper fozrn and is within the powers and authority granted under the laws of the State of Arizona to those parties to the Intergovernmental Agreement represented by the undersigned. PIMA COUNTY: G.: Deputy ou~nty Attorney TOWN OF MARANA Town of Marana Attorney Regular Council Meeting -June 15, 2010 -Page 37 of 192 Page 9 of 9 ~*^~ ~~~~ "~ ~~~ti~ ~~~~~' 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-56_Relating to Bingo Licenses; recommendation to the State Department of Revenue regarding a Class B bingo license application submitted by St. Christopher's Catholic Church located at 12101 Moore Road Discussion: This application is for a Class B bingo license submitted by St. Christopher's Catholic Church located at 12101 Moore Road. Pursuant to A.R.S. § 5-404, this application must be approved by the local governing body prior to being submitted to the Department of Revenue, which is the licensing authority for bingo licenses. The application was received by the Town Clerk on June 4, 2010. Following receipt of the application and the hearing, the local governing body shall recommend approval or disapproval of the application and forward the original application endorsed with its approval or disapproval to the licensing authority. If the application is disapproved by the local governing body, the endorsement shall contain the specific reasons for disapproval. ATTACHMENTS: Name: O Bingo license_applicaton St. Christopher sDOC D Bingo Lc_St Christophers.pdf Description: Resolution for Bingo License by St. Christopher's Bingo Application Type: Resolution Backup Material Staff Recommendation: Staff has reviewed the application which sufficiently demonstrates compliance with the statutory requirements for approval. Staff recommends that an order for approval be submitted to the Department of Revenue for this Class B bingo license. Suggested Motion: I move to adopt Resolution No. 2010-56, recommending approval of a Class B bingo license application for St. Christopher's Catholic Church located at 12101 Moore Road. Regular Council Meeting -June 15, 2010 -Page 38 of 192 MARANA RESOLUTION N0.2010-56 RELATING TO BINGO LICENSES; RECOMMENDATION TO THE STATE DEPARTMENT OF REVENUE REGARDING A CLASS B B1NG0 LICENSE APPLICATION SUBMITTED BY ST. CHRISTOPHER'S CATHOLIC CHURCH LOCATED AT 12101 MOORE ROAD WHEREAS pursuant to A.R.S. § 5-404, the Town Council of the Town of Marana is empowered to consider and approve or disapprove requests for a Department of Revenue Bingo License; and WHEREAS the Town Council has determined that it is in the best interests of the Town and its citizens that approval be granted for a Class B Bingo License to St. Christopher's Catholic Church to be used at 12101 Moore Road for the purpose of providing bingo games as a recreational activity. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the application submitted by St. Christopher's Catholic Church located at 12101 Moore Road for a Class B Bingo License is hereby approved and a recommendation for approval shall be sent to the Department of Revenue. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 39 of 192 Arizona Department of Revenue Bingo Section Phoenix: (642), 716-7801 .ENDORSEMENT BY LOCAL GOVERNING BODY For Official Use Only To be completed by the local governing body and returned to the Bingo Section pursuant toARS §5-404.A. ^ New Application ^ Change of Location LICENSE # DATE FROM (NAME OF LOCAL GOVERNING BODY) ADDRESS -NUMBER AND STREET, PO BOX TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE 9. This is to certify that on I I I I, a hearing was conducted pursuant to Arizona Revised Statute, Title 5, Chapter 4, on the: ^ Application for a. bingo license by the following applicant ^ Application for a bingo license location transfer S~,/ ~ ~~ 2. Name of applicant:. /C LC~~/ 3. Locationladdress where games will be conducted: 4. Days and times of games: Monday: ^ AM ^ PM Friday: ^ AM ^ PM .,Tuesday: ^ AM ^ PM Saturday: ^ AM ^ PM Wednesday: ----~F=~~ ^ AM ~ PM Sunday: ^ AM ^ PM Thursday: ^ AM ^ PM 6. Background investigations: ^ have ^ have not been conducted on all individuals listed in. the Bingo License Application. 6. Recommendation: The application be ^ Approved ^ Disapproved 7. Specific reasons for disapproval are hereby listed pursuant to ARS §5-404.9 NOTE: This endorsement must be signed by a delegated authority of the local governing body. PRINTED NAME SIGNATURE DATE TITLE Rail completed srgnedform"to` Arizona Department-ofRevenu_e Bingo Section - 16110 Vilest Monroe, Room 520 ;: .__ Phoenix, AZ 85;097 Purt~n n-iuuzr 141 Regular Council Meeting -June 15, 2010 -Page 40 of 192 Arizona Deparfiment of Revenue Bingo Secfiion Phoenix: (602) 716-7801 APPLICATION FOR BINGO LICENSE Complete all information on this form. If you do not complete all information, your application will be returned. All information is subject to verification. If you need more space, attach additional sheets. Falsification of information contained in this application constitutes a Class 6 felony. A[I bingo licenses expire one year from the date of issue. To continue conducting bingo games, you must renew your license prior to the expiration date. For Depar#men# of Revenue Use Oniy ^ Approved ^ Disapproved REVIEWER'S NAME: (please print} DATE License. Classification: Q Glass A Q Class B ^ Class C LICENSE NUMBER _ ._ . TERM OF LICENSE: Erom:. ... .. To: Type or print in black ink. 1 APPLICANT'S NAME 2 'TELEPHONE NUMBER WITH AREA CODE St. Christo her's Roman Catholic Church 520 682-3035 3a ADMINISTRATIVE OFFICE LOCATION 4a MAILING ADDRESS 12101 Moore Road 3b CITY STATE ZIP CODE 4b CITY STATE ZIP CODE Marano AZ 85653 Marano AZ 85653 5 Class B and Class C license applicants only: If applying as a qualified organization, indicate the type of organization: Check one box: ^ Charitable ^ 5ocial ®Religious ^ Veterans ^ Fraternal ^ Volunteer Fire Department ^ HomeownersAssociation ^ NonprofitAmbulance Service 6 Class B and Class C license applicants only: If applying as a qualified organization, give the name and address of your one parent or auxiliary: PARENT. AUXILIARY Ba Diocese of Tucson 6b ADDRESS -NUMBER AND STREET, RURAL RT., APT NO. ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. 111 S. Church Avenue CITY STATE ZIP CODE CITY STATE ZIP CODE Tucson AZ 85701 7 Class B and Class C license applicants only: If applying s a qualified organization, indicate the date your organization was established in Arizona: ~, a ~ r, a I n, a, I ~' ~~ AQOR 71-909 or(4J06) Continued on page 2 ~ Regular Council Meeting -June 15, 2010 -Page 41 of 192 ARIZONA DEPAR3-MENT OF REVENUE APPLICATION FOR BINGO LICENSE 8 Class B and Class C license applicants only: If, applying as a qualified organization, list curren# officers: NAME _ NAME 8a Father Abran Tadeo Sb i3elia AI#amirano TITLE TITLE PastorlPresident Secreta ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. ADDRESS -NUMBER AND STREET, RURAL RT., APT. N0. 12101 Moore Road 12101 Moore Raad CITY STATE ZIP CODE CITY STATE ZIP CODE Marana AZ 85653 Marana AZ 85653 NAME NAME 8c David Stevenson 8d Fr. Albert I. 5chifana TITLE TITLE Treasurer Vice President ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. ADDRESS -NUMBER AND STREET, RURAL R3., APT. NO. 12101 Moore Road 12101 Moore Road CITY STATE ZIP CODE CITY STATE ZIP CODE Marana AZ 85653 Marana Az 85653 9 Class B and Class C license applicants oniy: Bingo he eclcina account inforrnation: Checking Accounf Number: Bank Name and $ranch: 10 Class B and Class C license applicants only; Bingo interg§;~iearing account information: Account Number: Bank Name and Branch: 11 Class B and Class C License applicants only: List all officers and/or supervisors authorized to sign checks from the accounts listed above. If applying as a qualified organization, all supervisors must be members of the applicant: NAME NAME 11a Father Abran Tadeo 11b Janet McLa TITLE TrfLE Pastor/President Mana er ADDRESS -NUMBER AND STREET, RURAL RT., APT. N0. ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. 12101 Moore Road CITY STATE ZIP CODE CITY STATE ZIP CODE Marana AZ 85653 Marana AZ 85653 12 List the name(s) of the one or two persons who will serve as managers. If applying as a qualified organization, these persons must be members of the app€icant. Each person must submit an affidavit. NAME NAME 12a Janet McLay 12b TITLE TITLE Mana er ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. ADDRESS -NUMBER AND STREET, RURAL RT., AP-f. NO. CITY STATE ZIP CODE CITY STATE ZIP CODE Marana AZ 85653 73 List the name of the one person designated as proceeds coordinator. If applying as a qualified organization, this person must be an officer or director an a member of the applicant. Each person must submit an affidavit. NAME ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. Father Abran Tadeo 12101 Moore Road TITLE CITY STATE ZIP CODE Pastor/Presdient Marana AZ 85653 ADOR 71-1010 (4106) Page 2 of 5 Regular Council Meeting-June 15, 2010 -Page 42 of 192 ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 14 List the names} of the person(s) who will serve as supervisor. If applying as a qualified organization, each person must be a member of the applicant. Each uerson must submit an ai'fidavit NAME NAME 14a Theresa Ramirez 14b Philli Treinen TITLE TITLE Member Parish Council Member Parish Council ADDRESS - NUMBERAND STREET, RURAL R7, APT. NO. ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. CITY STATE ZIP CODE CITY STATE ZIP CODE Marana Az 85653 Tucson AZ 85743 NAME NAME 14c La Duke 14d Richard Sin ervau[t TITLE TITLE Member Parish Council Parish Council Member ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. ADDRESS -NUMBER AND STREET, RURAL RT:, APT. NO. CITY STATE ZIP CODE CITY STATE ZIP CODE Marana AZ 85653 Tucson AZ 85743 15 List the name(s) of the person(s) wha will serve as assistants. If applying as a qualified organization, each person must be a member or new member of the aonlicant. Exceoi for "Class A° licensc~c each nercnn mnct submit an affidavit NAME NAME 15a Rose Treinen 15b Bella Altamirano NAME NAME 15c Pe Fi ueroa 15d Veronica Jacinto NAME NAME 15e Ma aret Duke 15f Thomas Travers NAME NAME 15 Elmer Clem McLa 15h Lawrence Luter 16 Street address of the physical location where bingo will be played: 12101 Moore Road, Marana Az 85653 17 Indicate the time on each respective day that bingo will be played: Monday: ^ AM ^ PM Friday: ^ AM ^ PM Tuesday: ^ AM ^ PM Saturday: ^ AM ^ PM Wednesday: 7:00 ^ AM ®PM Sunday: ^ AM ^ PM Thursday: ^ AM ^ PM 18 List dates of proposed game cancellation if any: 11/24/10, 12!22/10, 12/29/10 4/17!11 11/23/11 12/28/11 19 Indicate the type of premises where bingo will be played. Check one box (line i9 continues on page 4)' a ®Neither rent nor mortgage will be paid from bingo funds. b ^ Rented or leased. Attach rental affidavit and cony of rental aareernant LANDLORD'S NAME ADDRESS - NUMBER AND STREET, RURAL RT., APT. NO. TELEPI-EONE NUMBER WITH AREA CODE CITY STATE ZIP CODE C ^ Owned solely by the OroanlZatlon. Attach conv of mnrtnarfe deed of tmst nurchase aareemant pcrrnw arrraamant atr. HOLDER OF MORTGAGE ADDRESS -NUMBER AND STREET, RURAL R7, APT. NO. TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE ADOR 7t-'1010r (4106) Page 3 of 5 Regular Council Meeting -June 15, 2010 -Page 43 of 192 ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 19d ^ Owned jointly with other organization. Attach COAV of mortgage, deed of trust, purchase agreement, escrow agreement, etc.. HOLDER OF MORTGAGE 1 ADDRESS -NUMBER AND STREET, RURAL RT, APT. NQ. TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE CQ-OWNER HOLDER: 2 ADDRESS -NUMBER AND STREET RURAL RT, APT. NO. ` TELEPHONE NUMBER WITHAREACODE CITY STATE ZIP CODE CO-OWNER HOLDER: 3 ADDRESS -NUMBER AND STREET, RURAL RT, APT NO. TELEPHONE NUMBER WITH AREACODE CITY STATE ZIP CODE 20 List bingo licensees who are or will be conducting bingo in the same premises as you and those licensees located within 1,000 feet pf your premises. NAME 20a None NAME 20b ADDRESS -NUMBERAND STREET, RURAL RT, APT. NO. ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. CITY STATE ZlP CODE CITY STATE ZIP CODE 21 Expected bingo expenses (tine 29 continues on page 5): a Mortgage: ~ O.Df} nPr month PAYABLE TO No Mort a e on Church ar Pro e ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE b Rent: $ 0.00__ per ^ month I ~ hour I~ occasion PAYABLE TO ADDRESS -NUMBERAND STREET, RURAL RT, APT. NO. TELEPHONE NUMBER WITH AREA CODE CITY STATE 21P CODE c Janftorial Services: $ 0.00 _ per ^ month n hour n occasion PAYABLE TO Parish Custodian to erForm services ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE d Accounting Services: $__ OAO oer n month 11 hour n occasion PAYABLE TO ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO_ TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE e Security Senrioes: $ fl,OQ per n month 1 "I hour I~"1 occasion PAYABLE TO Parishioners will serve as securi ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE ADOR 71-10tOf (4106) Page 4 of 5 Regular Council Meeting -June 15, 2010 -Page 44 of 192 ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 21 Expected Bingo Expenses; continued... f Bingo Supplies: $_ ~ per PAYABLE'~O ~ ADDRE55 -NUMBER AND STREET, RURAL RT, APT. NO. T LEPHONE NUMBER W!T ARE ODE CITY STATE ZIP CODE g Maximum prize payout per occasion: $ .Attach same schedule thatlisfs individual Arize amounts. PAID TO ~~ r ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. TELEPHONE NUMBER WiTHAREACODE CITY STATE ZIP CODE h Utilities Expenses: ELEC IC (payable to) ADDRESS -NUMBER AND STREET. RURAL RT., APT. NO. AG OUNT NUMBER ONTHLYAMOUNT CITY STATE ZIP CODE GA~(payable to} ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. ACCOUNT NUMBER MONTHLY RMOUNT CITY STATE ZIP CODE WATER (payable to) ADDRESS -NUMBER AND STREET, RURAL RT, APT. NO. } ~ TLJ A OUNT NUM ER MONTHLY AMOUNT CITY STATE ZIP CODE T SH REMOVAL {payable to) ADDRESS -NUMBER AND STREET, RURAL RT., APT. NO. A COUNT NUMBER MONTHLY AMOUNT CITY STATE ZIP CODE 22 Briefly state the specific projected use of net proceeds from games of bingo: To pay bills and mortgage and finance a Parish pre-school. i Under pena[iy of perjury, upon oath, I. ~j~ , ~--1`~j/My+ f ~ p cJ ,declare that I am duly authorized to sign -and file this application. I hereby swear or confirm that I have read the foregoing application and know the contents thereof and that al 'formation vided has been fully, accurately, and truthfully completed to the best of my knowledge. r ~1 fl 'S GNATURE DATE T1TLE ADOR 71-9o1of (af06) Page 5 of 5 Regular Council Meeting -June 15, 2010 -Page 45 of 192 ^~~ ~ ~~~A~A REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 1, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, CpUllCit Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CAL I , Mayor Honea called the meeting to orcl~ r at 7:04 p.m. Deputy Town Clerk Ruiz called roll. All Council Members were present except Council Member Patti Comerford, who was excused. PLEDGE OF ALLEG IA N C l ~ / I N VOCATION/MOMENT OF SILENCE Mayor Honea ledthe plr~l~rc ~incl moment of silence. APPROVAL OI~ AGENDA Motion t~ ct>>prove fnoved by Council ;11a+mber McGorray, second by Council Member Clanagan. Motion carried unanirrrously 6-0. CALL TO THE PUBLIC Mario Williams, 8150 Marstellar Road, spoke regarding the M.P.O.A. contract. Mr. Williams thanked !~~Ir. Post. Vlr. Clanagan and Mrs. McGorray for the time they took to speak to him regarding the M.P.O.A. contract. He wants to build a partnership with the town to make it a better place for all. He asked for Council to be fair and equal on both sides. Council Member Ziegler responded that she has not heard from anyone in the department up until today. There has been ample time spent negotiating and that she needs for the M.P.O.A. to send direct to the point requests to her and then she would sit with them and discuss the issues. David Morales, 13420 W. Price Ln., addressed council regarding a landfill shortage issue. He wants for council to have a plan in place for when the Tangerine Landfill closes. Pam Ruppelius, 12232 N. Hong St, spoke in opposition of the proposed landfill. She Reyuiar coit~ dlelmel5aagn fsah®ld~ay council members that her group should not be 1 June 1, 2010 Council Meeting Minutes speaking at town council meetings because they are not Marana citizens. Ms. Ruppelius stated that the council ensured their position as outsiders when they annexed only the land necessary for the planned landfill and excluded the nearby neighbors. The landfill will affect them for the next 75 years and that property values will be decreased even though Mr. Racy said they wouldn't. She sent an email to Council Member Comerford a week ago and has not heard back. She asked Council Member Clanagan how they can present the facts to them without any response from council members. Council Member Ziegler responded to the first comment and said that she has never said there is a problem with her group coming to council meetings. Council Member Ziegler asked Ms. Ruppelius if the group has asked to be annexed into the town. Ms. Ruppelius stated that they are working on that process now. Council Member Clanagan then stated that they held meetings and that only one resident from the area that showed up at the meetings to discuss the issue. He stated that to his knowledge there have been attempts to set up additional meetings but he was told that no one wants to meet. Council Member Clanagan said that if this group wants to be heard that they will need to get together with the Planning Center, Mr. Racy and anyone else who gives them an ohE~urtunity to be heard. Council Member Ziegler added that Ms. Ruppelius' group has always been very respectful to Council, unlike the group from Saguaro R~u~ch. Steve Storzer, 12245 N. Kalama Circle, addressed Council regarding his opposition on the proposed landfill annexation ordinance that was approved in May. Mr. Storzer stated that there are probably negative consequences to the approval of that annexation. He believes that some politicians' agendas ~u-e ~morz important than the people and that the will of the people is secondary. He added that other hc~liticians f~ullow the will of those that provide campaign funds and donations while sotnchlindly follow their leader because they can't stand-on their own and yet others face recall when they refuse the will of the people. Mr. Sturrcr does not believe the rationalization used by some council members when thcv approved the annexation. He said that those council members went against the will of the nt~ijurit~ and referenced the special council meeting on January 12, 2010, He reminded Council that they work for the people and not anyone else. Council Member 7iegler responded t h.ct shy funded her own campaign in 2007 because she does not want to he told that she is being led by someone. She stated that Mr. Storzer has ~ lot of misinformation and that she voted for that land to be annexed period. She said that she did not hear about the landfill in January. Mr. Storzer stated that the minutes from the January 12 minutes show her present and that the presentation was made to the council that night. He said he is not finding fault with that but is saying that everyone knew that the intent was the landfill and that the intent of the annexation is to go one more step wwaras the landfill. Melissa Rohlik, 12200 N. Kalama Circle, began by stating that in the May 26, 2010 P&Z minutes, Commissioner Schiller asked Mr. Racy if the issue alluded to `trucking in trash' was being considered. Mr. Racy answered `that is something that is being considered. There are federal laws on that as well. This is being designed and permitted for waste from this region and not to be transmitted in from out of state.' Ms. Rohlik believes that Mr. Racy, was referring to the commerce clause. She asked Council how they can vote on something as crucial as placing a dump this size over the only rising aquifer when they are being given clouded information. She urged for Council to reconsider the landfill approval. Regular Council Meeting -June 15, 2010 -Page 47 of 192 2 June 1, 2010 Council Meeting Minutes Council Member Ziegler responded stating that she was not being combative but that she was just addressing inaccurate things. She said that she asked Mr. Racy about trash being brought in from outside areas and that the answer she got was "why would we do that if it is not cost effective?" but he did not answer the question. She urged everyone to pursue an answer to this issue if it got that far. Thomas Hill, 12320 N. Insun St., addressed council regarding his opposition for the landfill. He said that a few weeks back a member of council suggested that the No Marana Dump Coalition stop wasting council's time with misinformation on the landfill issue and seek expert advice. He said that he is confused on whose expertise they should obtain. Mr. Hill said that the information they have provided to council has paralleled that of DKL's holdings information or-has directly contradicted it. He said that both DKL holdings and his neighborhood both have a vested interest in whether or not this landfill goes in. Council Member Clanagan asked Mr. Hi11 to name the member of council who suggested they stop wasting council's time. Mr. H i t I Mated that he would not name any names and that the council member wh~~ rnade the comment knew who they were. Council Member Ziegler responded that she did vote for the annexation of that land but said that there are many agencies thwu 11 r. Racy and his group must go through before it gets approved. She said these a~~~ n~ ics are the experts and that she does not think that they can get through all of these agencie ~. She believes that there are so many places that could shut this down and it will be the e~herts who shut it down, not council. She repeated that she does n~~t think that they can get through all of those agencies with the concerns that they have. 1\1r. Hill responded that any expert can say anything on any subject and any topic can be argued pro or con depending on whether you are for or against a particular proposal., He said that the coalition has gathered information from accurate and reliable sources. Janice Mitich, 11..115 W. Anthc~nv Drive, addressed council regarding her opposition to the proposed landfill. Ms. Mitich stated that in 1990 the Environmental Protection Agency (EPA) wa~~ asked to assess the c vi~lenee that racial minorities and low income communities bure higher environmental risk burdens than the general population. She said the EPA believes that al I Americans Should be able to live in a clean healthy environment regardless ut race, color, national origin, or economic circumstance. As a result, the agency established the Office of Environmental Justice. She continued stating that in 1994 Prc~ident Clinton. issued an executive order that all federal agencies develop environmental justice strategies to provide members of minorities and low income communities accr~,5 t~~ hnblic information and opportunities for public participation in matters relating to human health and the environment. She said that if the council ignores the numerous concerns posed by Pima County, the state and the public and rezones the property to allow a dump there, the group will file a report with the EPA. The report will ask them to investigate their claims that the town has denied them environmental justice and has discriminated against the neighborhood residents by supporting a campaign led by Mr. Kai in 1991. that stopped plans to put a landfill on the other side of the railroad track near his home and near high-income areas developed and instead sel in Avra Valley for the dump site; the land bei n area having lower property values lnco evel era residential mobile home developments; that the tow as considering an other possible dump sites that would be away from residential areas, rr of a FE nn~~~~,, a~er~stignated floodplain, away from the Brawley and Robles washes, Regular Cou~ia~l~ee'tir~g e.~une~1~70~OpFage~So~l~Ulfer that is rising and away from airport and away 3 June 1, 2010 Council Meeting Minutes Y1a~'" - G~St~~~ from Native American archeology sites; and by annexing only the above named farmland thereby disenfranchising all the neighbors and preventing their participation in matters that pose a danger to their health and environment because they do not live in Marana. Joan Travis-Triumph, 10058 N. Avra Vista Drive, addressed council regarding opposition to the landfill. Mr. Travis-Triumph stated that it is council's responsibility to keep water safe. She stated that by allowing a solid waste landfill to sit on top of the fastest rising aquifer in the area, council is not making choices that will benefit them as healthy and safe individuals or community. She asked that if council would take time for a thorough research to be completed they would see that this is not in the best interest of Marana and its citizens. Daniel and Debbie Rogers, 11565 N. Derringer Road, filled out speaker cards in opposition to the landfill on the Kai property. They chose not to speak during the council meeting. Pat McElroy, 12330 N. Lockett, filled out a speaker card in opposition to the landfill. She chose not to speak during the council meeting. Betty Turner, 12345 N. Insun, filled out a speaker card in apposition to the landfill. She chose not to speak during the council.. meeting. Linda Storzer, 12245 N. Kalama Circle, filled out a speaker card in opposition to the landfill. She chose not to speak during the council meeting. PROCLAMATIONS MAYOR AND COUNCIL REPO1ZTS: SUMMARY OF CURRENT EVENTS Council Member Clanaga;t~ attended the ULl "Surviving to Thriving" workshop with the Mayor and some I'lannin~; Department staff last week. Mayor Honea also attended lh~ ULI workshop. He acknowledged the Foothills Optimist Club's $2000 donation t<~ tl2e town, their 5`h year in doing so. This donation will cover about 150 pool pass purchases for the year. Council Member Post st~~ud that as a big supporter of the MPOA, he was very disappointed that a majority of them left just before the budget discussion. He addressed the community members present and said that he gets many E-mails and reads all of them however, he will not usually respond because he believes that a valuable resource is wasted when the town is receiving such large requests for council members' E-mails. He concluded saying that he welcomes all residents to meetings to speak and listens to all of them but that he will also give the opposition the same courtesy and will ultimately make his decision based on best for the community. Council Member Clanagan stated that he received an E-mail on Sunday regarding concern about the litter in the Silverbell Road area. He asked for the manager's office to address the issue. Regular CouncirlVl'eetir~gE;turieo~~age3"d9 o~'I'92'RY OF CURRENT EVENTS 4 June 1, 2010 Council Meeting Minutes PRESENTATIONS CONSENT AGENDA Motion to approve moved by Council Member Clanagan, second by Council Member Post. Motion carried unanimously 6-0. C 1: Resolution No. 2010-50: Relating to Utilities; approving and authorizing the Mayor to execute the First Amendment to Lennar/Willow Ridge Commons Agreement for Construction of Water Facilities and Provision of Water Service C 2: Resolution No. 2010-51: Relating to the Police Department; exempting the Marana Police Department's undercover police vehicles from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for undercover police veh i c I e.~ and to obtain vehicle registrations for new undercover police vehicles C 3: Minutes of the May 18, 2010 special council meeting and the May l $, 2010 regular council meeting LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMIT"PEES COUNCII. ACTION A 1: Resolution No. 2010-~': Presentation: Relating toBudget; adopting the fiscal year 2010-2011 tentative budget Erik Montague presented this item. He stated that the numbers presented tonight have not changed signifir~uitly fr<>m (~rcviaus`pre~entations made to council. Herh Kai left the dais at 7:50 p.m. Mr. Montague stated there i~ ~nl o~ erall 12.77% reduction in the total budget for Fiscal Year 2011. Council Membe~• Ziegler asked that if the contingency fund needed to be used that approval to do s~ ~ ~~ ould come before council. Mr. Montague affirmed. Vice Mayor Kai asked (car the reserve level situations. Mr. Montague stated that if the projected reserve use needed to be utilized it would still keep our reserve at about $12.6M or approximately 45%. Presentation available in the Town Clerk's Office. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously 6-0. Council Member Ziegler asked if there were any provisions for raises. Gilbert Davidson stated that there are no raises whether it is for a step program or for performance or merit based increases. She asked if tuition assistance was still frozen and Mr. Davidson affirmed. Regular Council Meeting -June 15, 2010 -Page 50 of 192 5 June 1, 2010 Council Meeting Minutes Mr. Davidson reminded Council that the budget process was not easy and that he is very proud of his team for their hard work and is thankful for the leadership council has provided in working with various staff to understand and combat the issues arising from the budget process. He emphasized that the budget presented tonight shows that the town is maintaining a safe, clean, and healthy community. ITEMS FOR DISCUSSION/POSSIBLE ACTION D l: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Motion to go into executive session on Item E3 moved by Council Member Clanagan, second by Council Member McGorray. Motion carried unanimc~nsly S-0. Council left the dais at 8:27 p.m. Council returned to the dais at 8:43 p.m. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. X38-=# ~ I.O ; (A)(3), Council mtiv ask for discussion or consultation for legal advice with thr. "1"c~wn Attorney concenung any matter listed on this agenda E 2: Executive Session pursuant to r~.h.S. § 38-431.03~a)(~).(4) and (7), discussion or consultation for legal advice with the 7,crwn'~ atmrneys and discussion and to consider its position and instruct the Town Manager a~~d statt cuncernin,~ (I i the lawsuit entitled Town of Marana v. Pima County/Pima County v. Mrtrana ~cc~nsolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the ~l'uwn of Marana E 3: Executive ses>ion pursuant to A.R:S. ~ 38-431.03(A)(3) for legal advice concerning staff-proposed elert~ents of draft amendments to the Marana Land Development Code relatin; ~ t~ Significant Land Use Change regulations FUTUR [~ ~~ CENDA ITE;A-1 S ADJOURNMENT Motion to adjourn'mu~•ed by Council Member Post, second by Council Member McGorray. Motion curried unanimously. The meeting was adjourned at 8:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 1, 2010. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -June 15, 2010 -Page 51 of 192 6 June 1, 2010 Council Meeting Minutes ~~ ~."~.~„~ ~~~~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding special event liquor license applications submitted by the American Diabetes Association on behalf of Harley-Davidson, 7355 N. I-10 EB Frontage Road for fundraisers to benefit the American Diabetes Association Discussion: These applications are for special event liquor licenses submitted by the American Diabetes Association on behalf of Harley-Davidson, 7355 N. I-10 EB Frontage Road for fundraisers to benefit the American Diabetes Association. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Three applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the applications with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license applications are approved by the Town Council, and the events meet the requirements for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying organization. If the applications are disapproved by the Town Council, the DLLC will normally not consider the applications. Attached are three applications that cover event dates on June 25th, July 30th, and August 27th, 2010. Regular Council Meeting -June 15, 2010 -Page 52 of 192 ATTACHMENTS: Name: ~ SE_Lquor_Harley- Davidson.pdf Description: SE Liquor Lic.Applications Type: Backup Material Staff Recommendation: Staff recommends approval of these special event liquor license applications. Suggested Motion: OPTION 1: I move to approve the special event liquor license applications submitted by the American Diabetes Association on behalf of Hanley-Davidson, 7355 N. I-10 EB Frontage Road for fundraisers to benefit the American Diabetes Association. OPTION 2: I move to disapprove the special event liquor license applications submitted by the American Diabetes Association on behalf of Hanley-Davidson, 7355 N. I-10 EB Frontage Road for fundraisers to benefit the American Diabetes Association. Regular Council Meeting -June 15, 2010 -Page 53 of 192 State of Arizona ::Department of Liquor-;~ticenses and Control `800 V1/ ~Washingtort 5th :Floor ,J `: Phoenix; AZ 850Q7 ~;~ `:, - wuvw azllquorgov '~ f ,,' .: ;:(602)542 51;41, APPLICAT°ION;FOR SPECIAL' EVENT`LICENSE ~, Free = $25 Qa per day for ,~ 1 Q`~ay events only A service fee, of $25.00 will be charged for all dshoriored checks~(A R~S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE:~FULLY'COMPLETED OR IT`WILL BE RETURNED. PLEASE ALLOW 10'-BUSINESS DAYS~'FOR APPROVAL t ~ ~ i ~, ... . ~, .~ *~Application must be approved by [octal gov~rniinent before submission to :. ~l DLLC USE ONLY 1?epartment of Liquor Licenses and Control .(Section #~0) a ~ ~ LICENSE # .. '~ 5 1 ~ ] .~ ~~d A!1 ; 1. Name of Organization: ~,~~t^ i c~r;~'~ts~.~5,'~~ ~~~cxi Q~- i ~ 2. Non-Profit/I.R.S. Tax Exempt Nurxiber ., l~tra-'~;~`t~R _. 3. The organization is a: (check one boz on[y) ~ ~ ~` '° ~ -~ 'Charitable ~] Fraternal (must have regular membership and in existence for aver 5 years} ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? --~~'~''r} (+~se!' 5. Location of the event: ~'~:i Address of physical location (Not P.O. Box) QCity County Zip Applicant must be a member of the auailfvlng organization and authorized by an Officer, Director or Chairaerson of the Organization named in Question #1. (Signature required in section #181 6. Applicant: ~t_,r,ctg„~, t~t'>z~ ~,, Last Firsf Middie Date of Birth 7. Applicant's Mailing Address: ~ ~, +F} , ~~„ 5~.1`d 3 "~. ~c~~n , ((a~.gj.~~-D`J Street City State Zip 8. Phone Numbers: (dad ~5 ~ - 330 ~'~~.~~~5 -3~I~-11 x'411 t Site Owner # Applicant's Business # Applicant's Home # 9. Date(s) & Hours of Event: (Remember: you cannot sell ak:ohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: 1 ~..ryt,..~ ~ 5 ~ o1D 5'• t~D Pm q : m Pm Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Reguli~a~liin~IaGleeting -June 15, 2010 -Page 54 of 192 ~~~ oio6 osnoo9 *Dtsabled individuals requiring special accommodations, please call (602) 542-9(127 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ~ YES ~NO (attach explanation if ves) 11. This organization has been issued a special event license for _:.,~ days this year, including this event (not to exceed 10 days per year). 12. Is fhe organization using .the services of a promoter or other person to manage the even#? ^ YES ~ NO If yes, aitach a copy of the agreement. 13. List all- people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name 11s~.S't ~~,~t~ -~e~ A.s~nc~ 9~p~ ~ ~a~n Percentage Address ~' ` Name Percentage Address (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. if you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you #ake #o prevent violations of s#ate liquor laws at this event? (List type and number of security/police personnel and type of fenang or control barriers if applicable) ~# Police ®Fencing -~# Security personnel ^ 8arriers 16. Is there an existing liquor license a# the location where the special event is being held? ^ YES' ~ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in whit~t the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event ficensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -June 15, 20'10 -Page 55 of 192 THfS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE f~,~ ORGANIZATION NAMED iN QUESTION #1 ~` 18. I r°lflt~ ~ ~/sir/~ declare that I am an Officer/Director/Ghaimerson appointing then ( rint full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. X c` . .. ~~._._... ~/,~f//~rl.G, -z ~"/Z ZO/d (Sl~+) 23,y -f"/ds~.' ~~`~ (Signature {rifle/Position) (Date) {Phone #) ~,`' ~ ~ I State of .~'R'~1nt~~.A~ County of ~ A/~~c ~ -A~zom The foregoing instrument was acknowledged before me this couray 2 ~~~ 2~-(~ ~~ . ~'~; Day ear My Commission expires on: ~ ~G~Y~ {Date) Signature o Y PUBLIC) 19. listed in Q X vwany Pllt3LIC -State of Ariznna MARICOPQ CO!lN7y MY Comm. Expires Jultr 8~£1~ My commission expires on: ~ "g'~1 ~ You must obtain local ctovernment aaaroval. r County of ~I M ~' instrument~w`ais ~aAckCnowledged before me this+ `-+~ _ s Year in advance of the event. Additional licensing fees may also be required before approve[ may LOCAL GOVERNING BODY APPROVAL SECTION 20 {Government Official) (Title) hereby recommend this special event application on behalf of {City, Town or County) {Signature of OFFICIAL) (Date) Department Commen# Section: FOR DLLC DEPARTMENT USE ONLY {Employee) (Oafs) OVED DIS PPRO ED declare that I am the APPLICANT filing this application as I have read the application and the contents and all statements are true, correct and complete. Regular Council Meeting. -June 15, 2010 -Page 56 of 192 State of Arizona :Department of Liquor::Licenses and Control ' 800 IN:Washington; 5tli :Floor Phoenix; AZ $5007 www aziiquorgov: `. (602)542:5:141.; APPLICATION..~OR=SPECIAL;EVENT LICENSE Fee = $25A0 per day for ~ 10 day events only A service fee:o# $25A0 will be charged.-for ali.dshonored checks (A:R:S.§ 446852) NOTE: THIS DOCUAAENT MUST BE FULLY`COMPLETED OR.IT'WILL BE RETURNED. PLEASE ALLOW10,BUSiNESS DAYSFOR APPROVAL **Application must be approved by local government before submission to '°. DLLC UsE oNLY Department of Liquor Licenses and Control..(Section'#20} LICENSE # 1. Name of Organization: i~~pr ; ~., ~,ci.~-~e~ . RS~SD[' o-~ i cum 2. Nan-Proflf/I.R.S. Tax 3. The organization is a [Charitable ^ Civic ^ Religious 4. What is the purpose of this event? 5. Location of the event: ~~s n . ~' . i p ~Q„g-~4,n,~nd ~c~u~~"~'~~ar~ Q; M g~ ~,~t{~ Address of physical location (Not P.O. Box) City County Zip lican# must be a member of the ual' `n o anization and authorized b an Officer Director or Chair rson of the Or anization named in uestion #1. Si nature re uired in section #18 6. Applicant: ~'~~~ _ ~~,~ C Last First Middle Date of Birth 7. Applicant's Mailing Address: 333 ~ ~ ~-. i~^~„~~, S~C,t~?~"~u~.~n , ~~. ~6~'~-05 Street City State Zip 8. Phone Numbers: (5~0) ~g 1 ~~~~ (~t,1 ~i~15-3~t1 x~1t1 (507} Site Owner # Applicant's Business # Applicant's Home # 9. Date(S) 8c HOUrS t3f EVent: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: D~~.' S ~ P(~ q : ~ Pi'r~ Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Regu~6ur~AAeeting -June 15, 2010 -Page 57 of 192 Lip atop osrzoo9 *Ihsabled individuals requiring special accommodations, please call (602}542-9427 (check one box only)< ^ Fraternal (must have regular membership and in existence for over 5 years) ^ Political Party, Baliot Measure, or Campaign Commiftee 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES ~-1V0 (attach explanation if yes) 11. This organization has been issued a speaal event license for ~ days this year, including this event (not to exceed 10 days per year}. 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES ~ NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name ~M21'jCn n D~tc~-des (~~~~, a~~~~v, lo~"~~ Neraentage Address 33.E ~ ~'~ . ~'~'. ~~.1c~,L~ ~~ , l~'~y._'T~5,~~(1 . ~~ ~~ ia~ Name Percengge Address (Attach additional sheet ff necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC 8EVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) ~-# Police ,'Fencing ~'~# Security personnel ^ Barriers 16. Is there an existing liquor license at the location where the special event is being held? ^ YES (~'~VO If yes, does the existing business agree to suspend their liquor license during the #ime period, and in the area in which the special event license will be in use? ^ YES ^ NO {ATTACH COPY OP AGREEMENT) ( } Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -June 15, 2010 -Page 58 of 192 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE '""~ ORGANIZATION NAMED IN QUESTION #7 18. I ~K ~~ ~ ~~ r/(i'/ declare that I am an OfficerlDirector/Chairperson appointing the { rint full name) applicant listed Question 6, to apply on behalf of the foregoing organization for a Speaal Event Liquor License. ./ X ~ ~~----'~-. L~i~Gilr~?.~ ~-r _ %d ~ao/v (S~.) Z ~S :s~/~.3"~ / (Signature (Title/Position) {Date) (Phone#) r~ t ~"'~i°' fate of ~~-1~~ County of ~~ ~~ ~y The foregoing instrument was acknowledged before me this My Cow E,cpF+es 7i Sl~~~ 2U1 {~ - Aupwt f•.2G12 Da n Year My Commission expires on: '~.~ (~.~12 (Date) Slgna TARY P LIC) THIS SECTION TO BE GOMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #fi .-- 19. I, ~Gdc.~co ~. ~~~ Z~ declare that I am the APPLICANT filing this application as contents and all statements are true, coned and complete. of ~-- Z- County of The foregoing instrument was acknowledged before me this 2~ta Day You must obtain loco! government approval. Cifir or Countv MU om end event and complete item #~ The local governina bodv may reauire additional applications to be completed and submitted 60 davs in advance of tfie event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this special event application {Government Official) (Titiej on behalf of (City, Town or County) (Signature of OFFICIAL) (Date} Department Comment Section: FOR DLLC DEPARTMENT USE ONLY {Employee} {Date) A DISAP VED BY: Regular Council Meeting -June 15, 2010 -Page 59 of 192 My commission expires on: ~l ~1`l _ State of Arizona Department of Liquor. Licenses and Control 800 W Washington;' 5th :Floor Phoenix; AZ- 85007 www azllquorgov ` :(602)542-5;1:41 APPLICATION: FOR `SPECIAL EVENT LICENSE Fee = $25`00 per day for 1-1 a day events only. A service fee of $25:00 will be charged:for afl.dishonored checks (A:R:S.§ 446852) NOTE: THIS DOCUMENT MUST BE. FULLY COMPLETED OR:IT WILL BE RETURNED. PLEASE ALLOW.90 BUSINESS DAY$FOR APPROVAL **Application must be approved by local governiinent before submission to oLLC us>~ ONLY Department of Liquor Licenses and Control .(Section #20} .. Lzc>~NSE # 7. Name of Organization: ~;~~',~~ ~, ~ ~ ~ ~ ~~~GiQ~-; on 2. Non-Profit/LR.S. Tax Exempt-Number at..:l ~ • Ito' 3~R~?. 3. The organization is a: (check one box only} (Charitable ^ Fratemai (must have'regulai• membership and in existence for over 5 years) ^ Civic ^ Political Party, Ballot Measure, or Campaign Committee Q Religious 4. What is the purpose of this event? ~, C'c1~~1' 5. Location of the event: "~i~.3S~ (1. 'T-11 ~~a5~rd ~f~'t'LSw_.'~cs.~'.~."7t-t~ P'~ma '~5~ `J3 Address of physical location (Not P.O. Box) Ciiy County Zip Apalicant must be a member of the gualifving organization and authorized by an Officer, Director or Chairperson of fife Organization named in Question #1. (Signature required in section #181 6. Applicant: ~-,d~,~"~ ~~_ C. Last First Middle Date of Binh 7. Applicant's Mailing Address: ~ ~, ~.{-. L_h_ ~~ ~~t a~ ^~.`~n ~~ ~~~ Street City State Zip 8. Phone Numbers: ('gip } ~St - 3~id (5'acs} ~9S-~~lt x'~t1i (5aol Site Owner # Applicant's Business # Applicant's Home # 9. Date(S) & HOUrS Of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. Day 9 : ' d ~_ ~~ ~ O~ Prn Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Regul®$~urf~Q)lyleeting -June 15, 2010 -Page 60 of 192 u~ 006 osnoo9 *Disabled individuals requiring special accommodations, please call (602) 542-9027 To A.M./P.M. 9 : cs~ Pm 10. Has the applicant been convicted of a felony in the past five years, or d a liquor license revoked? ^ YES ~O {attach explanation if ves) 11. This organization has been issued a special event license for ~ days this year, including this event (not to exceed 10 days per year). 12. Is the organiza#ion using the.services of a promo#er or other person to manage the event? ^ YES ~NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name l OD~r~ Percentage Address Name Percentage . Address (Attach additional sheet i# necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable} r~ # Police 'Fencing ~ # Security personnel ^ Barriers - -------- - ---- 16. Is there an existing liquor license at the location where the special event is being held? ^ YES ~NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area yin which the specal event. license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -June 15, 2010 -Page 61 of 192 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED iN QUESTION #1 ,~- 18. I. dirty P~~ L~% ~~ ~il~t/~ declare that I am an Officer/Director/Chaimerson appointing t`he/~y (Prinf full name) applicant listed in Question 6, to apply on behalf of the for/egoing organization for a Special Event Liquor License. X ~"` ~/~tlr'i~.~ ,-, ~~ a?d/o ~ Ste') Z 3~ ~57G 5'~ ~/~ (Signature (fitle/Position) (Date) (Phone) State of "~"~' I County of '~I ~'~- ~~ The foregoing instrument was acknowledged before me this pw~. 2 3 ~ Z.d1 LJ ~~~~~ Aupwe 7, 28,2 Day My Commission expires on: ,~~i,,~L~'7..01?i' {Date) (r a ure PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 ~9• ~ declare that I am the APPLICANT filing this application as (Prinf full Warne) listed in Question 6. !have read the ap nd the contents and all statements are true, correct and complete. _ .......__..._ ~ to of ~~ County of ~~ ~~ X ~-~~'~4 The foregoing instrurent was acknowledged before me this (Signatu L. TEIMEL ~ ~ J _ c~ ~-~ ~ ,~ tVflTARY P!lBLIC - State o1 Arizona t" MARIGOPA COUNTY pa Month Year fey Comm. Expires Jury 8, 2410 y My commission expires on:~ You must otrtain local stovernment aaaroval. in advance of the event. Additional licensing fees may also be required before approval may LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Govemmerrt Official) on behalf of (City, Town or County) (Title) hereby recommend this special event application (Signature of OFFICIAL) (Dale} FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) APPROVED DISA VED Regular Council Meeting -June 15, 2010 -Page 62 of 192 ..............o,o,...oo........... rw ~p~, Rt~ ° ~/i i • ~i i i i i i ~ i ~ ~ ~! i~ i ~ i i ~ ~ i ~i i ~ ~ ~ i i ~ ~ ~ i • ~ ~~ ""L ~~~~~ ;~.,~..~A.~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council From: Erik Montague ,Finance Director Strategic Plan Focus Area: Item A 1 Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: PUBLIC HEARING: Resolution No. 2010-57_Relating to Budget; adopting the fiscal year 2010-2011 final budget Discussion: On June 1, 2010, Mayor and Council adopted a tentative budget for fisca12010-2011. In adopting the tentative budget, Mayor and Council established the expenditure limitation for the Town for the fiscal year. Adoption of Resolution 2010-57, which requires a public hearing, is the last formal step in the process of adopting the final budget. After receiving public input, Mayor and Council are being asked to adopt a final budget that shall not exceed $174,411,083. Although Council may choose to reallocate funding among departments and/or programs/services, staff does not anticipate any reallocations from the tentative budget. Including position adjustments made during the current fiscal year, staffing has decreased by approximately 41.06 FTE from 342.89 positions in FY 2010 to 301.83 in FY2011. Staff has also attached a summary copy of the budget as well as the official budget forms required by the State of Arizona's Auditor General's office as published for tonight's public hearing. Upon adoption of the final budget, staff will publish and distribute to Council and department heads a bound budget document that provides more detailed information. Additionally, this published budget will be submitted to the Government Finance Officers Association for consideration of the Distinguished Budget Presentation Award. ATTACHMENTS: Name: O 2011_FinalBudgetResolution.doc D 201.1_Budget Summary_Final.pdf Description: 2011 Final Budget Resolution FY2011 Final Budget Summary O 2011_AuditorGeneralBudgetForms.pdf FY2011 Auditor General Schedules ~ 201.1 AuthorizedPositionSummary.pdf FY2011 Authorized Position Summary Staff Recommendation: Type: Resolution Backup Material Backup Material Backup Material Regular Council Meeting -June 15, 2010 -Page 65 of 192 Staff recommends approval of Resolution 2010-57 adopting the fiscal year 2010-2011 final budget. Suggested Motion: I move to adopt Resolution No. 2010-57, adopting the fiscal year 2010-2011 tentative budget. Regular Council Meeting -June 15, 2010 -Page 66 of 192 MARANA RESOLUTION N0.2010-57 RELATING TO BUDGET; ADOPTING THE TOWN'S FISCAL YEAR 2010-2011 FINAL BUDGET WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1- 5, Arizona Revised Statutes (A.R.S.), the Marana Town Council did, on June 1St, 2010, make an estimate of the different amounts required to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Marana; and WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council met on June 15th, 2010, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies; and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on June 15th, 2010, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates; and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42-17051(A). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that that the said estimates of revenues and expenditures/expenses shown on the accompanying schedules, as now increased, reduced, or changed, are hereby adopted as the budget of the Town of Marana for the fiscal year 2010-2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June 201.0. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk .Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 67 of 192 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 DEVELOPMENT AFFORDABLE GENERAL FUND BLOCK HOUSING 1000 2000 2005 Revenues Sales taxes Property taxes Other agency Licenses, fees and permits Charges for services Fines and forfeiture Grants and contributions Investment income Miscellaneous Total Revenues Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service Total Expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses) Transfers in Transfers out Bond proceeds $ 18,983,515 $ - $ - 5,680,866 - - 1,676,250 - - 873,250 - - 735,000 - - 110,950 541,000 100,000 75,000 - - 568,789 - - 28,703,620 541,000 100,000 19,105,370 4,430,443 3,236,408 1,241,400 28,013,621 689,999 (2,615,706) 541,000 541,000 Total other financing sources (uses) (2,615,706). - Changes in Fund Balances (1,925,707) - Projected Beginning Fund Balance 14,500,000 - 75,000 75,000 25,000 25,000 30,000 Ending Fund Balance $ 12,574,293 $ - $ 55,000 Regular Council Meeting -June 15, 2010 -Page 68 of 192 PAGE 1 OF 9 Revenues Sales taxes Property taxes Other agency Licenses, fees and permits Charges for services Fines and forfeiture Grants and contributions Investment income Miscellaneous Total Revenues Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service Total Expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses) Transfers in Transfers out Bond proceeds Total other financing sources (uses) Changes in Fund Balances Projected Beginning Fund Balance Ending Fund Balance TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 IMPROVEMENT GRANTS AND HOME JCEF DISTRICT BONDS CONTRIBUTIONS FUND FUND 2010 2015 2016 2030 $ - $ - $ - ~ - - 850,000 250,000 - 110,000 - - - - 50,000 - 14,250 - 204,850 - - - 1,615 - - 110,000 1,106,465 250,000 14,250 - 175,950 - 40,800 110,000 - - - - 994,373 - - - - 250,000 - 110,000 1,170,323 250,000 40,800 - (63,858) - (26,550) - (63,858) - (26,550) - 63,858 - 26,550 $ - ~ - $ - $ - Regular Council Meeting -June 15, 2010 -Page 69 of 192 PAGE 2 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 GAP TECHNOLOGY TRANSPORTATION USER FUND FUND ASSIST REVENUE 2035 2045 2055 2060 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Other agency - - - 1,810,902 Licenses, fees and permits - - - - Charges for services - - - - Fines and forfeiture 2,500 110,000 - - Grants and contributions - - - - Investment income - - - 7,500 Miscellaneous - - - - Total Revenues 2,500 110,000 - 1,818,402 Expenditures Personnel and benefits - 33,855 - 633,131 Contracted services - - 175,000 1,116,075 Commodities 31,000 253,000 - 145,000 Capital outlay - - - 36,910 Debt service - - - - Total Expenditures 31,000 286,855 175,000 1,931,116 Excess (deficiency) of revenues over expenditures (28,500) (176,855) (175,000) (112,714) Other financing sources (uses) Transfers in - - - - Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - - - - Changes in Fund Balances (28,500) (176,855) (175,000) (112,714) Projected Beginning Fund Balance 28,500 176,855 350,020 1,540,590 Ending Fund Balance $ - $ - $ 175,020 $ 1,427,876 Regular Council Meeting -June 15, 2010 -Page 70 of 192 PAGE 3 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 MMPC 2008 BENEFIT EDUCATION BENEFIT BONDS AREA CENTER AREA 2065 3000 3005 3010 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Other agency - - - - Licenses, fees and permits - 181,000 25,000 118,500 Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - - - - Investment income - 7,500 750 2,500 Miscellaneous - - - - Total Revenues - 188,500 25,750 121,000 Expenditures Personnel and benefits 225,825 - - - Contracted services - - - - Commodides - - - - Capital outlay 7,301,685 500,000 - - Debt service - - - - Total Expenditures 7,527,510 500,000 - - Excess (deficiency) of revenues over expenditures (7,527,510) (311,500) 25,750 121,000 Other financing sources (uses) Transfers in - - - - Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - - - - Changes in Fund Balances (7,527,510) (311,500) 25,750 121,000 Projected Beginning Fund Balance 7,527,510 311,500 264,000 1,351,875 Ending Fund Balance $ - $ - $ 289,750 $1,472,875 Regular Council Meeting -June 15, 2010 -Page 71 of 192 PAGE 4 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 IMPACT CFD TRANSPORTATION PIMA ASSOC FEES FUND CAPITAL FUND OF GOVTS 3015 3500 3030 3035 Revenues Sales taxes $ - $ - $ 1,981,496 $ - Property taxes - 86,832 - - Other agency - - - 2,270,000 Licenses, fees and permits 350,000 - - - Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - 150,000 - - Investment income 12,250 - 21,095 - Miscellaneous - - - - Total Revenues 362,250 236,832 2,002,591 2,270,000 Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service - 493,654 62,000 - - - 1,450,000 - 1,090,739 1,800,000 1,640,843 2,270,000 - - 44,695 - Total Expenditures 1,090,739 2,293,654 3,197,538 Excess (deficiency) of revenues over expenditures (728,489) (2,056,822) (1,194,947) Other financing sources (uses) Transfers in - - Transfers out - - Bond proceeds - 2,000,000 _ Total other financing sources (uses) - 2,000,000 Changes in Fund Balances (728,489) (56,822) Projected Beginning Fund Balance 2,568,450 195,713 Ending Fund Balance $ 1,839,961 $ 138,891 $ (2,251,868) - (2,251,868) - (3,446,815) - 3,614,460 - 167,645 $ - Regular Council Meeting -June 15, 2010 -Page 72 of 192 PAGE 5 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 1 /2 CENT OTHER COUNTY REGIONAL SALES TAX AGENCY BONDS TRANSPORTATION 3040 3045 3050 3060 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - - Other agency - 37,800,000 1,373,321 17,747,425 Licenses, fees and permits - - - - Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - 15,450,000 - - Investment income - - - - Miscellaneous - - - - Total Revenues - 53,250,000 1,373,321 17,747,425 Expenditures Personnel and benefits - - - - Contracted services - - - - Commodities - - - - Capital outlay 718,000 53,250,000 1,373,321 17,747,425 Debt service - - - - Total Expenditures 718,000 53,250,000 1,373,321 17,747,425 Excess (deficiency) of revenues over expenditures (718,000) - - - Other financing sources (uses) Transfers in - - - - Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - - - - Changes in Fund Balances (718,000) - - - Projected Beginning Fund Balance 1,144,940 - - - Ending Fund Balance $ 426,940 $ - $ - $ - Regular Council Meeting -June 15, 2010 -Page 73 of 192 PAGE 6 OF 9 TOWN OF MAR.ANA PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 BENEFIT DEBT SERIES SERIES AREA SERVICE BONDS BONDS 3065 4001 4002 4003 Revenues Sales taxes ~ $ - $ - $ - $ - Property taxes - - - - Other agency ~ - - - - Licenses, fees and permits 235,000 - - - Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - - - - Investment income 1,500 - - - Miscellaneous - - - - Total Revenues 236,500 - - - Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service EXHIBIT A - - 376,115 1,380,729 Total Expenditures - 376,115 1,380,729 Excess (deficiency) of revenues over expenditures 236,500 - (376,115) (1,380,729) Other financing sources (uses) Transfers in - - 376,115 1,380,729 Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) - - 376,115 1,380,729 Changes in Fund Balances 236,500 - - Projected Beginning Fund Balance 506,780 - - Ending Fund Balance $ 743,280 $ - $ - $ Regular Council Meeting -June 15, 2010 -Page 74 of 192 PAGE 7 OF 9 TOWN OF MARANA EXHIBIT A PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 SERIES SERIES FARMS ID CFD DEBT BONDS BONDS DEBT SVC SERVICE 4004 4005 4006 4006 Revenues Sales taxes $ - $ - $ - $ - Property taxes - - - 517,128 Other agency - - - - Licenses, fees and permits - - - - Charges for services - - - - Fines and forfeiture - - - - Grants and contributions - - 2,136,088 123,602 Investment income - - - - Miscellaneous - - - - Total Revenues - - 2,136,088 640,730 Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service 747,050 2,672,713 2,136,088 640,730 Total Expenditures 747,050 2,672,713 2,136,088 640,730 Excess (deficiency) of revenues over expenditures (747,050) (2,672,713) Other financing sources (uses) Transfers in 747,050 2,672,713 - - Transfers out - - - - Bond proceeds - - - - Total other financing sources (uses) 747,050 2,672,713 - - Changes in Fund Balances - - - - Projected Beginning Fund Balance - - - 530,581 Ending Fund Balance $ - $ - $ - $ 530,581 Regular Council Meeting -June 15, 2010 -Page 75 of 192 PAGE 8 OF 9 TOWN OF MARANA PROPOSED FINAL BUDGET FISCAL YEAR 2010-2011 Revenues Sales taxes Property taxes Other agency Licenses, fees and permits Charges for services Fines and forfeiture Grants and contributions Investment income Miscellaneous Total Revenues Expenditures Personnel and benefits Contracted services Commodities Capital outlay Debt service Total Expenditures WATER TOTAL ALL UTILITY AIRPORT FUNDS $ - $ - $ 20,965,011 - - 603,960 - 357,350 68,139,864 626,000 - 3,211,750 3,332,970 230,000 4,546,220 - - 911,750 - - 18,816,490 10,000 - 139,710 8,396 10,000 587,185 3,977,366 597,350 117,921,940 1,164,414 42,067 21,421,412 739,002 77,653 7,278,827 942,428 55,576 7,648,785 36,325,000 393,527 125,938,850 125,089 - 8,123,209 39,295,933 568,823 170,411,083 Excess (deficiency) of revenues over expenditures (35,318,567) 28,527 (52,489,143) Other financing sources (uses) Transfers in - - 5,176,607 Transfers out (220,433) (88,600) (5,176,607) Bond proceeds 35,250,000 - 37,250,000 Total other financing sources. (uses) 35,029,567 (88,600) 37,250,000 Changes in Fund Balances (289,000) (60,073) (15,239,143) Projected Beginning Fund Balance 1,495,950 (3,466,650) 32,761,482 Ending Fund Balance $ 1,206,950 $ (3,526,723) $ 17,522,339 EXHIBIT A Regular Council Meeting -June 15, 2010 -Page 76 of 192 PAGE 9 OF 9 N d N C d Q x w N m 7 a C C. X W Q L Z~ ~ ~ O Q C N ~ W d 0 ~ ~ ~ V 0 ~ lL ~ ~, h W O N 7 N L N i A3 E E N rn w W ~ M o v M v ~ n a n a o ] N W~ Z ~ o O O 1 1f m ~ rn n o I D ao 1 0 w a c °z a N N a n r ~ M M n ~wx mXw W t9 N Q ~ N O O N OMO CMD OND V N W Of Of O O W O O M Z U '~ ro ar0 m oa0 ro ~ v a rf`i Q S W o n a a " ~ N ~ O ~ J N a N a m eo ao uS Of r M ~ M a0 CD ~~a 0 ~ ~, d, O t00 M M O W f" r CO O O 10 N Z ~ O `O 10 1n N o M o M n Q V N ~ N H ~ H r N Z O O O 7 ~ Z f0 n 10 n /0 r W F- ~ 1ff ~ N ~ N Z fA N! q/ W Z ~ U Z ~ vi ur LL N ~ O O O O w y w O O O O 0 U ~ O N N 1(f N N N f~ ~ O M M M W ~ ~ Z W W= F = ~ W O !NO M n iD O CD ~ a0 OD 0 rn ~ m P 1c t ~ O Oaf Q ~ ~ N 1 a N O a n N ~ W 2 d X O 0 F N N W= ~ N T c+i ~ N ~ N O i f~ N a u i ef" O E f~ ~ 1` W ¢ O a ds vi Q ~ w O1 °'_ ~Z~ ~ e W W O N i ~ s 4 W R ~ C ~ ~ a O p, of ~ ~ W ~ O O O M n H N CO N O r O N c +l r Z Z~ H N ~ J Z W r O fA O N M N M N CND a r W n Of t 0 t~ N LL a ^ N r N M m Q 7 ~ w /n y 4 W x J~ !A 0 OOf o O a ~ N a VO' N o tn0 ; W 109 W CO! 0 m N O ~ F y o N 1a0 CO O N 1N f r 10 a / a M N N N 10 1n N R a O Z W a Q 1 '1 r K W W di yf y p W m 1r0 rn eh rn 10ff w ~ v c 10 C 1o a a R Q ~ Z a N M a O) O O a d OOi Q m X W W (R /A ~ ~ i O 16 r ~ ~'., w IL W Q LL c ¢ ° ~ v ~ w ~ a D lL d C C = p d O 3 LL N Q y C 0 Ii ' LL O 7 .O C LL ~ d ~ V 7 3 W N N V LL LL ~ j V m ry to O LL LL ~~ a 2 J LL d ~ d N .~ N d d tV ~ y 'd C d N J Q R _ t0 N ~~ . ~ W W Ci ~~ W C J c C) N a ~ '" E d ~^ y m p !d O N Cf ~ d N J ~ O H 10 () C) d C W N J G H _ C O F N f7 R 1(N tG r CD Oi O 1V ~ ~ ~ O O O v v a N n n n v~ ~ w CD a O M M M N O O O d} fR fA E r C C '- O L ~ v ~ i ~~ w '~ C r d ~ 9 ~ C C 7 E Q - v = Oxi v m m w ~ m d N O y 7 > C ~ C 'O ~ m m c 6xi ~ 6xi ~ K =' N ~ W C N ~ d r d j N d .'. E .'. ° '" o 'O '«~ 9 O r G d Q. Q. d d 106 x ~ x m ~ ~ m A m E ~ ~ 7 N C d 9 d ~ ~ rN ' d N O p O N ~ !h O m Q m J Q W ~ N M a W O d ~_ E O d d W m 7 a v N d O d H R d L N a 61 d r 7 O E V N to d d .i `m T ~ W W a w d d ~ r ~ d O R d C O ~W d = ~ Vl d N r N N w ~ T w •~ a v m c v .o .d. .O. W C a~ w ° c m a o v '°~ Ed m ~ 6s 7 Z, O ~ w O N W c a o d ~ w a m •- 10 N N y N !Z C W ~3 Eo. ,~ a V Of d d N aaav ~ d N O y Z O. CO- V' a ° c °. W d ~ W N m C 0 r O d £ w ~ i6 Nib ~E ' a LL O a d ~ c r N . N N O d w C y d~ Q O i x ~ _ ~ W C E y ~ O ' N E ~ a c o ~ ~ d m .t-. W 7 N W m ~ 6s ,~, '009 7 r O ~ 0 1) E ~ c c ¢ O Q W J W U N N Q1 0 r N N 07 16 a O 0 N r N C Of C .~ Of ~U C 3 0 U l6 ~ ~ O N a TOWN OF MARANA Summary of Tax Levy and Tax Rate Information Fiscal Year 2011 1. Maximum allowable primary property tax levy. A.R.S. §42-17051(A) 2. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) 3. Property tax levy amounts A. Primary property taxes B. Secondary property taxes C. Total property tax levy amounts 4. Property taxes collected* A. Primary property taxes (1) Current year's levy (2) Prior years' levies (3) Total primary property taxes B. Secondary property taxes (1) Current year's levy (2) Prior years' levies (3) Total secondary property taxes C. Total property taxes collected 5. Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate (3) Total city/town tax rate 2010 2011 $ $ $ $ 692,116 603,960 $ 692,116 $ 603,960 $ 692,116 $ 692,116 $ 692,116 2.8000 2.8000 2.8000 2.8000 B. Special assessment district tax rates Secondary property tax rates - As of the date the proposed budget was prepared, the city/town was operating four special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. " Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 78 of 192 4/08 SCHEDULE B TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes FiscalYear 2011 SOURCE OF REVENUES GENERAL FUND Local taxes Sales taxes Licenses and permits Building and development fees Business and license fees Franchise fees Intergovernmental State shared sales tax Urban revenue sharing Auto lieu Charges for services Park and recreation fees Fines and forfeits Court fines and fees Interest on investments Investment income Miscellaneous Other miscellaneous income Lease income ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES" REVENUES 2010 2010 2011 $ 20,595,960 $ 18,870,495 $ 18,983,515 1,624,550 1,779,900 1,372,200 150,000 120,625 125,000 278,500 307,450 300,000 2,054,630 1,947,035 2,004,971 3,450,375 3,450,375 2,600,828 1,099,830 1,058,925 1,065,067 360,590 230,840 290,500 769 975 697,865 735,000 151,260 79,955 75,000 819,425 ~ 454,535 568,789 493,300 535,290 582,750 Total General Fund $ 31,848,395 $ 29,533,290 $ 28,703,620 Includes actual revenues recognized on the modified accrual. or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 79 of 192 4108 SCHEDULE C Page 3 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2010 2010 2011 SPECIAL REVENUE FUNDS Highway User Revenue Fund Highway user revenue $ 1,801,650 $ 1,795,650 $ 1,810,902 Investment income 3,650 7,500 Total Highway User Revenue Fund $ 1,801,650 $ 1,799,300 $ 1,818,402 Local Transportation Assistance Fund Local transportation assistance $ 205,285 $ 171,082 $ Total Local Transportation Assistance Fund $ 205,285 $ 171,082 $ MANTIS $ 61,975 $ $ HIDTA 52,000 Auto Theft 61,975 CDBG 400,000 100,000 541,000 Affordable Housing Revolving Fund 2,546 77,000 100,000 Local JCEF 14,250 16,030 14,250 Local Technology Enhancement Fund 107,060 114,180 110,000 Fill the Gap 2,500 3,950 2,500 RICO 30,515 47,000 Other Grants 900,000 347,950 1,106,465 HOME 250,000 250,000 $ 1,882,821 $ 706,110 $ 2,124,215 Total Special Revenue Funds $ 3,889,756 $ 2,676,492 $ 3,942,617 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 80 of 192 4/08 SCHEDULE C Page 4 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 SOURCE OF REVENUES ESTIMATED REVENUES 2010 ACTUAL ESTIMATED REVENUES* REVENUES 2010 2011 DEBT SERVICE FUNDS Tangerine Farms Road Improvement Dist. $ 2,136,858 $ 2,136,858 $ 2,136,088 Other Debt Service Funds 630,000 630,000 CFD Debt Service 640,730 639,950 640,730 $ 3,407,588 $ 3,406,808 $ 2,776,818 Total Debt Service Funds $ 3,407,588 $ 3,406,808 $ 2,776 818 CAPITAL PROJECTS FUNDS Transportation Fund $ 3,631,245 $ 2,350,755 $ 2,002,591 1/2 Cent Sales Tax Fund Impact Fee Funds 563,243 1,404,475 934,000 Other Capital projects funds 71,439,000 27,957,450 74,640,746 $ 75,633,488 $ 31,712,680 $ 77,577,337 Tangerine Farms Road Improvement Dist. $ 113,371 $ 107,285 $ 110,000 Investment Income CFD Capital Projects 432,303 69,450 236,832 $ 545,674 $ 176,735 $ 346,832 Total Capital Projects Funds $ 76,179,162 $ 31,889,415 $ 77,924,169 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 81 of 192 4/08 SCHEDULE C .Page 5 of 10 TOWN OF MARANA Summary by Fund Type of Revenues Other Than Property Taxes Fiscal Year 2011 ESTIMATED ACTUAL ESTIMATED REVENUES REVENUES* REVENUES SOURCE OF REVENUES 2010 2010 2011 ENTERPRISE FUNDS Water Fund Charges for services $ 2,804,247 $ 2,861,610 $ 3,355,970 Water Impact Fees 272,000 551,850 603,000 Interest 9,600 6,675 10,000 Miscellaneous 8,396 $ 3 085,847 $ 3,420,135 $ 3,977,366 Airport Fund User Fees $ 240,000 $ 204,225 $ 240,000 Grants 5,585,318 357,350 $ 5,825,318 $ 204,225 $ 597,350 Total Enterprise Funds $ 8,911,165 $ 3,624,360 $ 4,574,716 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. TOTAL ALL FUNDS $ 124 236 066 $ 71 130 365 $ 117 921 940 * Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 82 of 192 4/08 SCHEDULE C Page 6 of 10 TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2011 OTHER FINANCING INTERFUND TRANSFERS 2011 2011 FUND SOURCES <USES> IN <OUT> GENERAL FUND Series 1997 Debt $ $ $ $ 155,682 Series 2003 Debt 1,380,729 Series 2004 Debt 747,050 Series 2008 Debt 332,245 Other Grants Airport Total General Fund $ $ $ $ 2,615,706 SPECIAL REVENUE FUNDS $ $ $ $ Total Special Revenue Funds $ $ $ $ DEBT SERVICE FUNDS Series 1997 Debt $ $ $ 376,115 $ Series 2003 Debt 1,380,729 Series 2004 Debt 747,050 Series 2008Debt 2,672,713 Total Debt Service Funds $ $ $ 5,176,607 $ CAPITAL PROJECTS FUNDS Transportation fund $ $ $ $ 2,251,868 CFD Capital 2,000,000 Total Capital Projects Funds $ 2,000,000 $ $ $ 2,251,868 PERMANENT FUNDS $ $ $ $ Total Permanent Funds $ $ $ $ ENTERPRISE FUNDS Water Utility $ 35,250,000 $ $ $ 220,433 Airport 88,600 Total Enterprise Funds $ 35,250,000 $ $ $ 309,033 INTERNAL SERVICE FUNDS $ $ $ $ Total Internal Service Funds $ $ $ $ Regular Council Meeting -June 15, 2010 -Page 83 of 1 92 4/08 SCHEDULE D TOWN OF MARANA Summary by Fund Type of Other Financing Sources/<Uses> and Interfund Transfers Fiscal Year 2011 OTHER FINANCING INTERFUND TRANSFERS 2011 2011 FUND SOURCES <USES> IN <OUT> TOTAL ALL FUNDS $ 37,250,000 $ $ 5,176,607 $ 5,176,607 Regular Council Meeting -June 15, 2010 -Page 84 of 192 4/08 SCHEDULE D TOWN OF MARANA Summary by Department of Expenditures/Expenses Within Each Fund Type Fiscal Year 2011 FUND/DEPARTMENT GENERAL FUND Non-departmental Mayor and Council Town Manager Town Clerk Human Resources Finance and Accounting Legal Public Information Office Technology Serivices Development Services Admin Permits and Records Building Safety Planning Engineering Police ADOPTED BUDGETED EXPENDITURES/ EXPENSES 2010 $ 3,144,082 $ 239,882 1,178,734 232,008 478,610 697,444 796,490 87,628 1,707,122 421,002 835,385 919,758 1,536,853 9,327,869 Courts 990,272 Public Services Admin Public Works 2,545,773 Capital Improvements Division Parks and Recreation 3,702,695 Ecomonic Development EXPENDITURE/ EXPENSE ACTUAL BUDGETED ADJUSTMENTS EXPENDITURES/ EXPENDITURESI APPROVED EXPENSES* EXPENSES 2010 2010 2011 $ 1,874,650 $ 3,509,320 224,210 259,773 1,119,435 971,894 213,575 376,693 438,880 404,178 678,350 709,988 659,450 752,282 1,404,690 1,499,730 159,675 180,389 464,730 472,374 X110,905) 408 005 473 071 448,780 486,155 111,405 1,387,995 1,377,672 8,775,295 8,920,634 845,645 921,869 422,050 411704 199,500 2 722 750 2 139 225 (10,500) 3,338,970 2,702,957 Community Development 223,716 182,330 202,313 Capital Outlay 1,407,353 (189,500) 876,515 1,241,400 Total General Fund $ 30,472,676 $ $ 26,645,980 $ 28,013,621 SPECIAL REVENUE FUNDS HURF $ 2,326,911 $ $ 1,394,540 $ 1,931,116 LTAF 225,285 162,180 175,000 MANTIS 61,975 HIDTA 52,000 Auto Theft 61,975 CDBG 400,000 100,000 541,000 Afforable Housing Revolving Fd. 200,000 8,500 75,000 Local JCEF 40,800 27,850 40,800 Local Tech Enhancement Fund 253,000 286,855 Fill-the-Gap 31,000 31,000 RICO 94,373 47,000 HOME 250,000 250,000 Other Grants 1,000,000 347,950 1,170,323 Total Special Revenue Funds $ 4,997,319 $ $ 2,088,020 $ 4,501,094 DEBT SERVICE FUNDS Series 1997 Debt $ 383,728 $ $ 383,728 $ 376,115 Series 2003 Debt 1,385,278 1,385,278 1,380,729 Series 2004 Debt 633,425 633,425 747,050 Series 2008 Debt 2,672,713 Tangerine Farms ID Debt 1,949,463 1,949,463 .2,136,088 CFD Debt 2,136,858 540,560 640,730 Other Debt 640,730 630,000 925,117 Total Debt Service Funds $ 8,054,599 $ $ 5,522,454 $ 7,953425 CAPITAL PROJECTS FUNDS Transportation Fund $ 2,796,695 $ $ 3,310,480 $ 3,197,538 1/2 Cent Sales Tax 2,000,000 1,210,950 718,000 Impact Fee Funds 7,966,000 189,450 1,590,739 HELP Loan Fund Tangerine Farms ID 136,685 36,750 110,000 Other Capital Projects 90,494,094 27,957,450 82,168,256 CFD Capital Projects 4,047,000 12,590 2,293,654 Total Capital Projects Funds $ 107,440,474 $ $ 32,717,670 $ 90,078,187 ENTERPRISE FUNDS Water Operating $ 2,641,930 $ $ 2,589,910 $ 3,153,933 Water Capital 35,441,435 1,020,455 36,142,000 AirportOperatinq 375,468 295,350 211,473 Airport Capital 5,932,583 510,670 357,350 Total Enterprise Funds $ 44,391,416 $ $ 4,416,385 $ 39,864,756 TOTAL ALL FUNDS $ 195,356,484 $ $ 71,390,509 $ 170,411,083 * Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 85 of 192 4/08 SCHEDULE E TOWN OF MARANA Summary by Department of Expenditures/Expenses Fiscal Year 2011 ADOPTED EXPENDITURE/ ACTUAL BUDGETED BUDGETED EXPENSE S/ ADJUSTMENTS EXPENDITURES/ EX EXPENDITURES/ XPENSES EXPENSES APPROVED EXPENSES` E 2011 2010 2010 2010 DEPARTMENT/FUND Non-departmental 082 $ $ 1,874,650 $ 3,509,320 General Fund $ 3,144, 36,750 110,000 Tangerine Farms ID _ 136,685 478,950 850,000 Capital Projects 1,548,000 000,000 1 347,950 Other Grants , LTAF 767 $ $ 2,738,300 $ 4,469,320 Department Total $ 5,828, Court $ 845,645 $ 921,869_ General Fund $ 990'272 $ 27 850 40,800 Local JCEF 40,800 _ 31,000 Fill-the-Gap 31,000 286,855 Local Tech Enhancement Fund 253,000 $ 873,495 $ ~ 1 28-,--0 524 Department Total $ 1 315,072 $ Public Works $ 2,722,750 $ 2,139,225 General Fund $ 1,467,568 $ 287,825 Capital Projects 1,394,540 1,894,206 HURF 2 328'911- $ 4 321,256 3 796,479 $ 4,117 290 $ Department Total $ Community Development General Fund CDBG Revolving Affordable Housing HOME LTAF Captial Projects Department Total Police General Fund Other Grants RICO HIDTA MANTIS Auto Theft Department Total 223,716 400,000_ 200,000 225,285 182,330 100,000 8,500 162180 ~~ $ 1,049,001 $ $ 162,180 $ 9,327,869 94,373 52,000 61,975 61,975 $ 9,598,192 $ 8,775,295 $ 8,920,634 320,323 47,000 $ $ 8,822,295 $~_- 9,240,957 Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Regular Council Meeting -June 15, 2010 -Page 86 of 192 4/08 SCHEDULE F TOWN OF MARANA PROPOSED AUTHORIZED POSITION SUMMARY FISCAL YEAR 2010-2011 2010 2011 Department/Division/Area Amended Final Town Manager 10.78 9.03 Town Clerk 3.00 3.00 Human Resources 5.00 4.00 Finance 8.38 8.35 Legal 8.60 8.00 Technology Services 12.00 11.00 Development Services Admin 2.00 2.00 Permits and Records 9.13 8.50 Building Safety 6.00 5.00 Planning 7.00 7.00 Engineering 21.00 16.60 Police 111.00 104.00 Magistrate Court 13.00 13.00 Public Services Admin 7.00 5.00 Operations and Maintenance 32.00 30.00 Capital Improvement Program 14.60 12.85 Parks and Recreation 50.00 33.50 Community Development 3.00 3.00 Water 17.40 18.00 Airport 2.00 - Total 342.89 301.83 Regular Council Meeting -June 15, 2010 -Page 87 of 192 w ~~ ~~~ TaYM1ti 2xo B~tMF P`y 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item A 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-58;_Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2010-2011 Discussion: Annually, the Mayor and Council must formally adopt a salary schedule for the following fiscal year which authorizes the payment of specific salary rates to employees. Other than pay changes associated with new assignments, reclassifications, promotions or demotions in accordance with Personnel Policies and Procedures, employees will not receive a pay adjustment in FY 2011. The salary amounts delineated in the attached classified salary schedule remain unchanged from FY 2010. While the salary rates for each grade will not change, the schedule does contain changes including two title changes for existing jobs, a salary grade assignment for one existing job, and the addition of three new titles which are more descriptive of the duties and responsibilities employees are performing or will be asked to perform. Salary grade assignments were made in accordance with the Town's salary analysis practice (comparator market matching, or job evaluation where a market match did not exist). A summary of the changes are listed below: Classification Title Chan;?es~No salary ;trade change) Associate Town Attorney (Formerly Assistant Town Attorney) Senior Accounting Clerk (Formerly Accounting Clerk II) Existing Classification Titles With Salary Grade Change Senior Graphical Information Systems Analyst -Grade 22 (Formerly Grade 21) New Classification Titles and Corresponding Salary Grades, Accounting Clerk (Grade 14) Assistant Town Attorney (Grade 23) Management Assistant (Grade 18) An affirmative vote on the attached resolution will accomplish the adoption of the Classified Salary Schedule for FY 2011 effective July 1, 2010. Regular Council Meeting -June 15, 2010 -Page 88 of 192 Financial Impact: Corresponding salary increases for employees in positions reclassified to either existing or new classifications have been incorporated withing the FY 2011 budget. ATTACHMENTS: Name: Description: Type: ~ Reso re. adoption of FY 10 11 classified_schedule Resolution Resolution (00021424). DOC ~ EX A 2010-2011 Classified Salary_Schedule Exhibit A-Classified Salary Schedule Exhibit (00021425j.XLS Staff Recommendation: Suggested Motion: I move to adopt Resolution No. 2010-58, approving a salary schedule for classified employees for fiscal year 2010-2011. Regular Council Meeting -June 15, 2010 -Page 89 of 192 MARANA RESOLUTION N0.2010-58 RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR CLASSIFIED EMPLOYEES FOR FISCAL YEAR 2010-2011 WHEREAS the Marana Town Code, Section 3-3-1, provides that the Town Council shall adopt a personnel system for classified employees of the Town; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-3, provides that the Town Council and Town Manager shall ensure the preparation, development and maintenance of a classification plan for classified employees; and WHEREAS the Town's Personnel Policies and Procedures, Policy 3-4, provides that the Town Council shall adopt a salary schedule for classified employees; and WHEREAS the Town Council finds that adoption of the classified salary schedule as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Classified Salary Schedule for fiscal year 2010-2011 attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Classified Salary Schedule in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 90 of 192 {00021424.DOC /} Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2010-2011 Job Code $18,240 $22,800 $27,360 Annual Grade 10 $1,520.00 $1,900.00 $2,280.00 Monrhly 424 Document Imaging Clerk Nonexempt $8.77 $10.96 $13.15 Hourly 824 Recieatlott Alde Nonexempt 410 Reproduction/Supply Clerk Nonexempt 446 Transcriptionist Nonexempt Grade 11 $20,064 $25,080 $30,096 Annua! 412 Mail Carrier/Courier Nonexempt $1,672.00 $2,090.00 $2,508.00 Monrhly 422 Offtce Support Assistant Nonexempt $9.65 $12.06 $14.47 Hourly 818 Recreation Center Attendant Nonexempt Grade 12 $22,072 $27,590 $33,108 Annual 408 Customer Service Specialist Nonexempt $1,839.33 $2,299.17 $2,759.00 Monthly 700 Laborer Nonexempt $10.61 $13.26 $15.92 Hourly 822 Recreation Assistant Nonexempt 820 Recreation Leader Nonexempt Grade 13 $24,280 $30,350 $36,420 Annual 420 Accounts Payable Clerk Nonexempt $2,023.33 $2,529.17 $3,035.00 Monrhly 456 Court Clerk Nonexempt $11.67 $14.59 $17.51 Hourly 436 Customer Service Clerk Nonexempt 610 Engineering Assistant Nonexempt 414 Human Resources Technician Nonexempt Grade 14 $26,704 $33,380 $40,056 Annual 417 Accounting Clerk Nonexempt $2,225.33 $2,781.67 $3,338.00 Monthly 406 Administrative Secretary Nonexempt $12.84 $16.05 $19.26 Hourly 812 Court Security Guard Nonexempt 612 Facilities Technician Nonexempt 614 Fleet Technician I Nonexempt 416 Human Resources Coordinator Nonexempt Grade 15 $29,376 $36,720 $44,064 Annual 404 Agenda & Records Clerk Nonexempt $2,448.00 $3,060.00 $3,672.00 Monthly 450 Court Collections Specialist Nonexempt $14.12 $17.65 $21.18 Hourly 454 Courtroom Specialist Nonexempt 438 Executive Assistant Nonexempt 702 Inmate Services Coordinator Nonexempt 600 Maintenance Worker Nonexempt 430 Permit Clerk Nonexempt 418 Senior Accounting Clerk Nonexempt 616 Small Engine Mechanic Nonexempt 442 Utility Billing Specialist Nonexempt 528 Water Backflow Specialist Nonexempt Grade 16 $32,312 $40,390 $48,468 Annual 434 Development Coordinator Nonexempt $2,692.67 $3,365.83 $4,039.00 Monrhly 336 Engineering Aide Nonexempt $15.53 $19.42 $23.30 Hourly 508 Fleet Technician II Nonexempt 500 Heating, Ventilating & Air Conditioning (HVAC) Technician Nonexempt 306 Planning Technician Nonexempt 304 Plans Review Technician Nonexempt 458 Project Coordinator Nonexempt 466 Recreation Programmer Nonexempt 526 Right of Way Inspector Nonexempt 428 Senior Permit Clerk Nonexempt 618 Signal Technician I Nonexempt 606 Water Operator I Nonexempt Grade 17 $35,544 $44,430 $53,316 Annual 472 Administrative Manager Exempt $2,962.00 $3,702.50 $4,443.00 Monrhly 544 Acceptance Inspector Nonexempt $17.09 $21.36 $25.63 Hourly Regular Council Meeting -June 15, 2010 -Page 91 of 192 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2010.2011 ~[:_ 314 Computer Technician Nonexempt $2$ Construction IttSpeCYOr Nonexempt $34 Electric Pump & Well Technician Nonexempt 312 Geographic Information Systems (GIS) Technician Nonexempt 426 Legal Assistant Nonexempt 602 Maintenance Coordinator Nonexempt 322 Real Property Acquisition Agent Exempt 402 Records & Elections Coordinator Exempt 460 Senior Administrative Assistant Nonexempt 604 Senior Maintenance Worker Nonexempt 704 Signs & Markings Technician Nonexempt 532 Water Line Construction Inspector Nonexempt 608 Water Operator II Nonexempt Grade 18 $39,096 $48,870 $58,644 Annua! $18 Building Inspector I Nonexempt $3,258.00 $4,072.50 $4,887.00 Monrhty 232 Contracts Analyst Exempt $18.80 $23.50 $28.19 Hourly 474 Council Liaison Exempt 242 Court Probation Monitor Nonexempt 200 Curation Specialist Exempt 710 Foteman Nonexempt 462 Grants & Housing Coordinator Exempt $14 Housing Rehabilitation Specialist Exempt 208 Human Resources Analyst Exempt 276 Management Assistant Exempt 214 Payroll Administrator Exempt 476 Recreation Coordinator Exempt 324 Senior Real Property Acquisition Agent Exempt $42 Signal Technician II Nonexempt 440 Special Events Coordinator Exempt $30 Water Line Inspector/Plan Reviewer Nonexempt Grade 19 $43,008 $53,760 $64,512 Annua! $16 Building Inspector II Nonexempt $3,584.00 $4,480.00 $5,376.00 Monrhh $40 Community Response Manager Nonexempt $20.68 $25.85 $31.02 Flourly $22 Code Enforcement OfEcer Nonexempt 400 Deputy Town Clerk Exempt 308 Engineering Technician Nonexempt $12 Facilities Maintenance Supervisor Exempt 2$2 Geographic Information Systems (GIS) Analyst Nonexempt 212 Management & Budget Analyst Exempt $20 Planner I Nonexempt 302 Plans Examiner Exempt 464 Police Telecommunications Supervisor Nonexempt 326 Risk Management & Safety Coordinator Exempt 210 Senior Accountant Exempt Grade 20 $47,312 $59,140 $70,968 Annua! 220 Community Relations/Public Information Officer (PIO) Exempt $3,942.67 $4,928.33 $5,914.00 Momhly 234 Contract Administrator Exempt $22.75 $28.43 $34.12 Hourly 4$2 Court Supervisor Nonexempt 2$4 Database Analyst Nonexempt 226 Environmental Project Coordinator Exempt 316 Network Technician Nonexempt 708 Parks Supervisor Exempt 246 Planner II Exempt 470 Police Records Supervisor Nonexempt 236 Project Control Specialist Exempt Regular Council Meeting -June 15, 2010 -Page 92 of 192 Town of Marana CLASSIFIED SALARY SCHEDULE* FY 2010-2011 318 Public Safety Technology Specialist Nonexempt 216 Purchasing Coordinator Exempt 152 Senior Administrative Manager Exempt 538 Signal Technician III Nonexempt 482 Utilities Services Supervisor Exempt 268 Utilities Technology Analyst Nonexempt Grade 21 $52,040 $65,050 $78,060 Annua[ 230 Civil Engineer Exempt $4,336.67 $5,420.83 $6,505.00 Monrhty 814 Crime Scene/Property & Evidence Supervisor Exempt 546 Facilities & Fleet Services Manager Exempt 172 Permit Center & Records Manager Exempt 164 Police Telecommunications Manager Exempt 206 Senior Human Resources Analyst Exempt 256 Senior Network Analyst Exempt 332 Software Engineer Exempt 300 Senior Plans Examiner Exempt 502 Superintendent Exempt 334 Utilities Coordinator Exempt Grade 22 ~ $57,248 $71,560 $85,872 Annual 222 Associate Town Attorney Exempt $4,770.67 $5,963.33 $7,156.00 Monrhty 176 Chief Building Inspector Exempt 238 Construction Manager Exempt 250 Employee Relations Administrator Exempt 328 Prinicple Plans Examiner Exempt 258 Senior Geographic Information Systems (GIS) Analyst Exempt 240 Technology Supervisor Exempt 266 Traffic Engineer Exempt Grade 23 $62,968 $78,710 $94,452 Annua[ 261 Assistant Town Attorney Exempt $5,247.33 $6,559.17 $7,871.00 Monrhty 228 Capital Improvement Project (CIP) Manager Exempt 264 Cultural Resources Manager Exempt 330 Database Administrator Exempt 202 Economic Development Administrator Exempt 274 Finance Manager Exempt 204 Intergovernmental Affairs Administrator Exempt 244 Planner III Exempt 800 Police Lieutenant Exempt 333 Senior Sofrwaze Engineer Exempt 150 Utilities Operations Manager Exempt Grade 24 $69,264 $86,580 $103,896 Annua[ 270 Construction Division Manager Exempt $5,772.00 $7,215.00 $8,658.00 Monrh[~~ 170 Court Administrator Exempt 160 Engineering Division Manager Exempt Grade 25 $76,192 $95,240 $114,288 Annua[ 158 Assistant Public Works Director Exempt $6,349.33 $7,936.67 $9,524.00 Monrhty 148 Assistant Utilities Director Exempt 156 Assistant Planning Director Exempt 262 Senior Assistant Town Attorney Exempt 174 Traffic Division Manager Exempt Grade 26 $83,816 $104,770 $125,724 Annual 154 Deputy Town Attorney Exempt $6,984.67 $8,730.83 $10,477.00 Monrhty *Excdudes positions covered under the MPOA Memorandum of Understanding Adopted 6/15/2010 **Fair Labor Standards Act Effective ?/Ol/2010 Regular Council Meeting -June 15, 2010 -Page 93 of 192 ~`+ ~~ ~~ «~~ ~x~ ~~~.~; 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item A 3 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: _Resolution No. 2010-59: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2010-2011 Discussion: Annually, the Mayor and Council must formally adopt a salary schedule for the following fiscal year which authorizes the payment of specific salary rates to employees. Other than pay changes associated with new assignments, promotions or demotions in accordance with Personnel Policies and Procedures, employees will not receive a pay adjustment in FY 2011 and the existing salary rates within the schedule will remain unchanged. The attached temporary salary schedule includes one change from the last year's schedule. The obsolete title of Equipment and Logistics Coordinator was removed as the classification is not expected to be used in the future. An affirmative vote on the attached resolution will accomplish the adoption of the Temporary Salary Schedule for FY 2011 effective July 1, 2010. Financial Impact: None. ATTACHMENTS: Name: ~ Reso re.adoption of temp salary schedule for FY 10-11 (00021382). DOC D FY_2010 11__Temporary Salary Schedule w job codes.xls Description: Resolution FY 2010-2011 Temporary Salary Schedule Type: Resolution Exhibit Staff Recommendation: Staff recommends adoption of the attached resolution. Regular Council Meeting -June 15, 2010 -Page 94 of 192 Suggested Motion: I move to adopt Resolution No. 2010-59, approving a salary schedule for temporary employees for fiscal year 2010-2011. Regular Council Meeting -June 15, 2010 -Page 95 of 192 MARANA RESOLUTION N0.2010-59 RELATING TO PERSONNEL; APPROVING A SALARY SCHEDULE FOR TEMPORARY EMPLOYEES FOR FISCAL YEAR 2010-2011 WHEREAS the Marana Town Code, Section 3-1-3(D), creates and defines a class of Town employees known as short-term temporary employees; and WHEREAS Section 3-1-3(D) of the Town Code provides that short-term temporary employees are not subject to the Town's classified salary schedule; and WHEREAS the Marana Town Code, Section 3-1-3(C), creates and defines a class of Town employees known as term-limited temporary employees; and WHEREAS Section 3-1-3(C) of the Town Code provides that term-limited temporary employees are not subject to the Town's classified salary schedule; and WHEREAS short-term temporary and term-limited temporary employees should be placed on a salary schedule for proper authorization in assigning pay; and WHEREAS the Town Council finds that approving a salary schedule for temporary employees as set forth in this resolution is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the Temporary Salary Schedule for fiscal year 2010-2011, attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Temporary Salary Schedule in Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15`h day of June, 2010. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Regulaf~GoulKCil Nfee ing Junenf5T2D10 - FYager9S of 192 Frank Cassidy, Town Attorney {00021382.DOC I} Town of Marana TEMPORARY SALARY SCHEDULE FY 2010-2011 e 480 Intern Nonexempt $7.5U - Hourly 271 Management Intern Nonexempt $12.00 - Hourly 830 Inclusion Aide Nonexempt $10.00 $15.00 Hourty 826 Lifeguard Nonexempt $10.00 - Hourly 828 Lifeguard/WSI Nonexempt $10.50 - Hourly 831 Sports Official Nonexempt $10.00 - Hourly 832 Pool Manager Nonexempt $12.60 - Hourly 816 Regional Emergency Response Planner Nonexempt $21.63 $28.85 Hourly 272 Executive Fellow Exempt $32,304.40 Annzuzlly 143 Airport Manager Exempt $55,000.00 $82,500 Azuzually 478 Assistant to the Chief of Police Exempt $75,000.00 $90,000.00 Azznually *Fair Labor Standards Act Effective July 1, 2010 Regular Council Meeting -June 15, 2010 -Page 97 of 192 ~~~~ ~~~ .::,,~r xa~s,~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item A 4 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 201.0=60:_Relating to the Police Department; approving and authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the Town of Marana and the Marana Police Officers' Association relating to wages, hours and working conditions Discussion: The Town's meet and confer ordinance, Section 4-1-8 of the Marana Town Code, provides that the Town, acting through the Town Manager and his/her designees, and the representatives of a designated public safety employee organization may engage in meet and confer discussions in order to consider various matters relating to wages, hours and working conditions. Pursuant to this process, the Town's management team and representatives from the Marana Police Officers' Association (MPOA) began meet and confer discussions on March 25, 2010. The meet and confer ordinance provides that the parties shall negotiate until an agreement is reached or until one party declares that the parties are at an impasse. On May 25, 2010, the MPOA representatives declared. that the parties were at an impasse. Section 4-1-8(F)(5) of the Town Code sets forth the procedure to follow once an impasse has been declared. In summary, the parties are to present to Council: 1) a memorandum of understanding that incorporates any agreed upon issues and 2) a joint document listing the matters in dispute. The Council will then consider these documents at a public meeting at which both parties are given an opportunity to state their position to the Council. The Council may accept, reject or modify those areas of agreement and may take whatever action it feels appropriate with regard to areas in dispute. The Council's action, which is final, shall then constitute the meet and confer Memorandum of Understanding between the parties. In this case, the MPOA declared on May 25, 2010 and then again on June 1, 2010 at the last Town Council meeting that the parties are at impasse on all issues. Therefore, the parties do not have any agreed upon issues that can be presented in an MOU to the Council for its consideration. In a letter dated June 1, 2010, the Town requested that the MPOA provide a list of items the MPOA believed were still in dispute. (See attached letter). The MPOA did not provide a list of items; therefore, based on the MPOA's statements of May 25, 2010 and June 1, 2010, the Town assumes that the parties are at impasse on all items subject to the meet and confer process. Regular Council Meeting -June 15, 2010 -Page 98 of 192 Tonight the Town submits its position regarding the issues subject to the meet and confer process in the form of the attached proposed MOU. For the Council's information and clarification, the Town has also attached a redlined version of the proposed MOU, clearly showing any changes between the Town's proposed MOU and the existing MOU between the parties. The Town's proposed MOU is essentially the same MOU that is currently in place between the parties through June 30, 2010, with the following changes: 1. Scrivener's errors -correction of grammatical, formatting and related errors, including removal of a provision (Section 9-3(B)) that conflicted with the Town Code's December 15 deadline for notification of intent to renegotiate. 2. Incorporation of revised state statute language that the Town must follow with regard to the rights of law enforcement officer employees, as set forth in Section 4-2. Inclusion of the revised statutory language avoids any confusion or misapplication of the law and ensures consistency. 3. Modification of economic items to align with the FY 2010 tentative budget, including a continued freeze on pay and step increases, reduction by half of the uniform allowance payment and elimination of take-home vehicles for all but essential emergency personnel. 4. Modification of the Preamble and signature pages of the MOU to reflect that this agreement is being implemented by Council, due to the impasse of the parties. 5. Inclusion of two new sections that the MPOA requested and that management believed the parties had reached tentative agreement on during meet and confer discussions: Section 4-2(L) which provides employees the right to cast votes in MPOA elections during on-duty time and Section 7-2(F) which incorporates Town policy regarding bereavement leave into the MOU. The Town's proposed MOU retains for the MPOA membership all of the rights and benefits currently in place with the exception of the items noted above. Further, the MOU includes a "wage re-opener" clause for FY 2012 and language that allows for either party to open any section of the MOU at any time by mutual consent. In response to the Town's June 1, 20101etter, the MPOA submitted proposed MOU language in lieu of the list required by the meet and confer ordinance. The MPOA's document is attached as well and the MPOA will present its position on the issues at tonight's meeting. Financial Impact: The MOU proposed by the Town is based on funding included in the FY2011 Tentative Budget adopted by the Town Council on June 1, 2010. With adoption of the tentative budget, the Town Council established the maximum expenditure limit for FY2011. If there are any increases to the economic provisions of this proposed MOU, the resulting increase would require reductions in another area of the FY2011 budget. ATTACHMENTS: Name: Description: ~ Reso re. 2010-2012 Resolution MPOA MOU (00021429).DOC ~ Town_s Proposed M_POA MOU 7-1-10 through 6-30-_i_3 (00021070 8~.DOC O Workshare comparison_of original-proposed. MOU. (00021445).PDF ~ MPOA_s proposed MOl1 language (00021427~.DOC O Williams, Mario-Itrfrom_S, Machain_re. impasse. Town's Proposed MOU Redline comparison original/proposed MOU MPOA's proposed MOU language Type: Resolution Exhibit Backup Material Backup Material Regular Council Meeting -June 15, 2010 -Page 99 of 192 procedures (00021426~.PDF Letter to MPOA Staff Recommendation: Backup Material Staff recommends approval of the Town's proposed MOU, which reflects the funding available in the tentative FY 2011 budget. Suggested Motion: I move to adopt Resolution No. 2010-60, approving and authorizing the Mayor to execute a Memorandum of Understanding between the Town of Marana and the Marana Police Officers' Association relating to wages, hours and working conditions. Regular Council Meeting -June 15, 2010 -Page 100 of 192 MARANA RESOLUTION N0.2010-60 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM. OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION RELATING TO WAGES, HOURS AND WORKING CONDITIONS WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town and its public safety employees; and WHEREAS the well-being and morale of public safety employees of the Town are benefited by providing an opportunity to participate in the formulation of policies and practices affecting the wages, hours, and working conditions of employment; and WHEREAS the Town and the Marana Police Officers' Association, through their representatives, met and conferred in good faith pursuant to the meet and confer process outlined in Section 4-1-8 of the Marana Town Code in order to reach agreement concerning wages, hours and working conditions of public safety employees; and WHEREAS the Town and the Marana Police Officers' Association have reached an impasse in discussions as described in Section 4-1-8(F)(5) of the Marana Town Code; and WHEREAS pursuant to Section 4-1-8(F)(5) of the Marana Town Code the Town Council has the authority to accept, reject or modify areas of agreement between the parties and to take whatever action the Council feels appropriate with regard to any areas in dispute; and WHEREAS final action of the Town Council shall constitute the memorandum of understanding between the parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the memorandum of understanding between the Town of Marana and the Marana Police Officers' Association attached to and incorporated by this reference in this resolution as Exhibit A. Regular Council Meeting -June 15, 2010 -Page 101 of 192 Marana Resolution 2010-60 1 {00021429.DOC /} SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the terms and conditions of the memorandum of understanding. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 102 of 192 Marana Resolution 2010-60 2 {00021429.DOC /} MEET AND CONFER MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION JULY 1, 2010 -JUNE 30, 2012 Regul~~~~~in~~June 15, 2010 -Page 103 of 192 I TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. ii PREAMBLE ..... .............................................................................................................. ..1 ARTICLE 1; PURPOSE; DEFINITIONS ........................................................................ ..1 Section 1-1: Purpose .........................................................................................:...... ..1 Section 1-2: Definitions ............................................................................................. ..1 Section 1-3: Gender .................................................................................................. ..3 ARTICLE 2; RECOGNITION ......................................................................................... ..3 Section 2-1: Recognition ........................................................................................... ..3 ARTICLE 3; MANAGEMENT RIGHTS .......................................................................... ..3 Section 3-1: Management Rights .............................................................................. ..3 ARTICLE 4; ASSOCIATION RIGHTS ........................................................................... ..5 Section 4-1: Association Rights ................................................................................ ..5 Section 4-2: Employee Rights ................................................................................... ..8 ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS....... 10 Section 5-1: Non-exclusive Remedy ......................................................................... 11 Section 5-2: Grievances ............................................................................................ 11 Section 5-3: Employment Actions Not Subject to Grievance .................................... 11 Section 5-4: Miscellaneous Rules ............................................................................. 11 Section 5-5: Grievance Procedure Steps .................................................................. 12 Section 5-6: Rules of Appeal to the Grievance Review Committee .......................... 13 Section 5-7: Grievance Review Committee .............................................................. 17 Section 5-8: Conference Board; Conference Board Procedures .............................. 18 Section 5-9: Contract Review Committee ................................................................. 19 ARTICLE 6; WAGES AND BENEFITS .......................................................................... 21 Section 6-1: Wages ................................................................................................... 21 Section 6-2: Specialty Pay ........................................................................................ 23 Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DIC) ............................ 23 Section 6-4: Overtime ............................................................................................... 23 Section 6-5: Court Overtime ..................................................................................... 24 Section 6-6: Jury Duty ............................................................................................... 24 Section 6-7: Call-out Pay .......................................................................................... 24 Section 6-8: Shift Differential Pay ............................................................................. 25 Section 6-9: On-Call Assignments; On-Call Pay ....................................................... 25 Section 6-10: Wage Re-opener ................................................................................. 25 ARTICLE 7; HOURS OF WORKNVORKING CONDITIONS .......................................... 25 Section 7-1: Hours .................................................................................................... 25 Section 7-2: Leaves .................................................................................................. 26 Section 7-3: Holidays ...................................................................:............................ 26 Section 7-4: Payment of Sick Leave at Death ........................................................... 27 Regul~~~~in~~June 15, 2010 -Page 104 of 192 Section 7-5: Uniform, Clothing and Equipment .........................................................27 Section 7-6: Return to Work ......................................................................................27 Section 7-7: Take-Home Vehicles .............................................................................28 ARTICLE 8; STRIKES AND WORK INTERRUPTION ...................................................29 ARTICLE 9; MISCELLANEOUS ....................................................................................29 Section 9-1: Saving Clause .......................................................................................29 Section 9-2: Seniority ................................................................................................29 Section 9-3: Term and Effect of MOU ..............................................................:........29 Regul~b~~~in~~June 15, 2010 -Page 105 of 192 III PREAMBLE .Whereas the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town and its public safety employees; and Whereas the well-being and morale of the police employees of the Town are benefited by providing an opportunity to participate in the formulation of policies and practices affecting the wages, hours, and working conditions of their employment; and Whereas the parties acknowledge a desire to have an informed workforce and agree to engage in informational sessions offered to all Town employees regarding medical plan benefits and structure and retirement plan information; and Whereas the parties hereby acknowledge that the provisions of this Memorandum of Understanding (hereinafter "MOU") are not intended to abrogate the authority and responsibility of the Town government provided for under the statutes of the State of Arizona or the charter or ordinances of the Town; and Whereas the parties, through their representatives, met and conferred in good faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning wages, hours, and working conditions of employment in the bargaining unit; and Now therefore, the Mayor and the Town Council of the Town of Marana resolve to adopt the terms of this MOU. ARTICLE 1; PURPOSE; DEFINITIONS Section 1-1: Purpose It is the purpose of this MOU to continue and maintain harmonious relations, cooperation, and understanding between the Town and its police employees, and to set forth the full and entire understanding of the parties reached as a result of a good faith meeting and conferring regarding wages, hours, and working conditions of the employees covered by this MOU, which understanding the parties intend jointly to submit and recommend .for approval and implementation to the Mayor and Town Council. Section 1-2: Definitions Association: the Marana Police Officers Association. Chief: The Chief of Police of the Marana Police Department, or a person acting as the Chief's designee. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 1os of 192 Page 1 Of 31 Conference Board: A maximum of four employee members of Police Department Management and four employee members of the Association who meet to resolve matters of dispute involving the interpretation of this MOU prior to invoking the review process of the CRC. Contract Review Committee (CRC): Five member review committee composed of three Town Council members and two Marana residents who are not current employees, who convene solely to make a recommendation of action to the full Town Council regarding resolution of disputes involving the interpretation of this MOU. Day(s): Calendar days, unless otherwise specified in the contract. Department: Marana Police Department. Employee(s) or Association member or member: A Town employee who is a full-time, Arizona .certified sworn peace police officer below the rank of lieutenant, or a police dispatcher, police property and evidence technician or police records clerk, crime prevention specialist and crime analyst. A person who is employed by the Town on a contract, temporary, or seasonal basis is not considered an association member. Grievance Review Committee (GRC): Athree-member committee made up of residents of the Town of Marana who are not current employees and who convene as the final step in the Grievance process to hear appeals on employment matters as defined in this MOU. Management labor liaison: The Chief, or the person appointed by the Chief, to be the Department's point of contact for the Association. MOU: This Memorandum of Understanding, after approval and adoption by the Mayor and Council of the Town of Marana, as evidenced by the Mayor's signature at the end of this MOU. Ordinance: Marana Ordinance No. 2007.05, now codified as Town Code Section 4-1-8. Representative: A member of the .Board of Officers, or one of the five Association representatives named in section 4-1 who are authorized to act as grievance representatives Town: The Town of Marana. Town Manager or Manager: The Town Manager of the Town of Marana, or a person acting as the Manager's designee. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 107 of 192 Page 2 Of 31 Section 1-3: Gender Whenever any words used herein are in the masculine, feminine, or neuter; they shall be construed as though they were also used in another gender in all cases where they would so apply. ARTICLE 2: RECOGNITION Section 2-1: Recognition The Town recognizes the Association as the sole and exclusive Meet and Confer agent, pursuant to the Meet and Confer Ordinance for the purpose of representation regarding wages, hours, and working conditions of the public safety employee group as defined by the Meet and Confer ordinance, including all Town employees who are full-time, Arizona certified sworn police officers below the rank of Lieutenant, those civilian employee classifications as set forth in the Ordinance, and the classifications of Crime Prevention Specialist and Crime Analyst. The Association agrees that recognition is subject to challenge by any other labor organization wishing to represent eligible employees as provided for under the terms and conditions of the Town Meet and Confer Ordinance, and as specifically provided in Section 4-1-8, Section G. ARTICLE 3; MANAGEMENT RIGHTS Section 3-1: Management Rights A. Nothing in this MOU shall limit the Town in the exercise of its function of management and in the direction and supervision of the Town's business.. This includes, but is not limited to the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; contract out work; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods; hire; suspend; demote, discipline, or discharge; transfer or promote; layoff because of lack of work or other legitimate reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs; abolish and change existing jobs; determine where, when, how and by whom work will be done; maintain standards of proficiency in police skills ;except where any such rights are specifically modified or abridged by terms of this MOU. B. Unless an express, specific provision of this MOU clearly provides otherwise, the Town, acting through its Manager and Chief or other appropriate officials strictly adhering to the chain of command as may be authorized to act on their behalf, retains all the rights and prerogatives it had prior to the signing of this MOU either by law, custom, practice, usage or precedent to manage and control the Department. C. By way of example but not limitation, management retains the following rights: 1. to determine the mission, budget and policy of the Department; MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 20~ o - Page ~ os of ~ s2 Page 3 Of 31 2. to determine the organization of the Department, the number of employees, the work functions, and the technology of performing them; 3. to determine the numbers, types, and grades of positions or employees assigned to an organizational unit, work project, or to any location, task, vehicle, building, station or facility; 4. to determine the methods, means and personnel by which the Department's operations are to be carried; 5. to manage and direct employees of the Department; 6. to maintain and improve orderly procedures and the efficiency of operations; 7. to hire, promote and assign employees; 8. to transfer, reassign, or detail employees to other shifts or other duties; 9. to determine the equipment to be used and the uniforms to be worn in the performance of duty; 10. to determine the policies affecting the hiring, promotion, and retention of employees; 11.to establish qualifications for ability to perform work in assignments, including physical, intellectual, and mental health qualifications; 12. to lay off employees in accordance with Town policy in the event of lack of work or funds or under conditions where management believes that continuation of such work would be less efficient, less productive, or less economical; 13. to establish or modify work schedules and shift schedules and the number and selection of employees to be assigned not inconsistent with the provisions of this MOU; 14.to take whatever actions may be necessary to carry out its responsibilities in situations of emergency; 15. to enforce existing rules and regulations for the governance of the Department and to add to or modify such regulations as it deems appropriate subject to fulfilling its meet and confer obligations; 16. to suspend, demote, discharge, or take other disciplinary action against employees in accordance with Town policy, to require the cooperation of all employees in the performance of this function, and to determine its internal security practices. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 207 0 - Page ~ os of ~ s2 Page 4 Of 31 17. to spell out the job responsibilities and obligations of employees and to assign duties consistent with an officer's training and ability, regardless of whether the exact duty is listed in a written job description. D. Management also reserves the right to decide whether, when, and how to exercise its prerogatives, whether or not enumerated in this MOU. Accordingly, the failure to exercise any right shall not be deemed a waiver. It is understood and agreed by the parties hereto that the Town does not have to rely on any memorandum of understanding with its employees as the source of its rights and management prerogatives. E. This MOU does not purport to spell out the job responsibilities and obligations of the employees covered by this MOU. Job descriptions are not meant to be all-inclusive. Management reserves the right to assign duties consistent with an employee's training and ability, regardless of whether the exact duty is listed in a written job description. ARTICLE 4; ASSOCIATION RIGHTS Section 4-1: Association Rights A. The Association, as the authorized representative, has the exclusive right to serve as the meet and confer representative of all employees in the public safety Employee Group as described in the Ordinance, except as otherwise modified by this MOU. B. Association Representatives 1. The Association may name up to five representatives and shall notify the Chief of such designations in writing. The Association agrees to supply the Department with a current list of elected Officers of the Association and representatives and to keep such lists current. The Department will recognize the elected Officers and representatives after receipt of the written notice. 2. One representative may, when the Association is designated in writing by the employee as the employee's representative, attend mutually scheduled grievance meetings with Department and Town representatives. If the representative is on-duty, this attendance shall be without loss of pay or benefits; however the representative shall obtain permission of the representative's Department supervisor to be absent from assigned duties to attend scheduled grievance meetings. Subject to operational and scheduling factors, this permission shall not be unreasonably withheld. C. Payroll Deduction The Town shall deduct yearly from all 26 Town paychecks of the Association members the regular periodic Association membership dues pursuant to the Town's deduction authorization form duly completed and signed by the employee, and transmit such deductions monthly to the Association no later than MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 110 of 192 Page 5 of 31 the 14th day following the end of the pay period in which the deduction occurs, along with an alphabetical list of all employees for whom the deductions have been made. Such deduction shall be made only when the Association member's earnings for a pay period are sufficient after other legally required deductions are made. 2. Authorization for membership dues deduction shall remain in effect during the term of this MOU unless revoked in writing by the employee or unless the employee leaves the bargaining unit. The written notification shall be given to both the Town and the Association Treasurer. 3. The Town shall not make any payroll deductions for members on behalf of any other organization that purports to provide benefits similar to those offered by the designated Association (as defined in the Ordinance) during the term of this MOU. 4. The Town shall, at the written request of the Association during the term of this MOU make changes in the amount of dues deduction hereunder for the general membership only if the dues deduction authorization signed by the member specifically authorizes increased deductions, without further notice to the member, upon changes in the amount of dues levied by the Association. 5. If an improper deduction is made, the Association shall refund any such amount directly to the employee within thirty days of notice from the employee. D. Use of Facilities The Town shall provide the Association with space for one bulletin board for its use in communicating with its members at a mutually agreeable location. The Association shall have sole and exclusive use of the bulletin board. 2. The bulletin board shall. be used for the following notices: recreational and social affairs of the Association; Association meetings; Association elections; reports of the Executive Board or committees; rulings or policies of the state or national organizations; and legislative enactments and judicial decisions affecting public sector labor relations. 3. All posted materials must be signed or initialed by the management labor liaison. No notice or announcement that contains defamatory statements about the Department or any Department official or employee shall be posted. A copy of all posted material shall be forwarded to the management labor liaison. Any violation of this section shall entitle the Department to immediately revoke the privilege to use the bulletin board. In the event non-authorized material is posted, it shall be promptly removed on notification by the Department. 4. The Association is authorized to use non-work time to distribute materials to Association members in Department mail boxes. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 111 of 192 Page 6 Of 31 5. The Town shall permit Association Executive Board Members to use Town electronic communications and inter-office mail systems for grievance and joint Town/Association matters as necessary. A Town e-mail account and Intranet access will be provided to any employee who is an Association Executive Board Member and who does not otherwise have access to the Town's a-mail system and Intranet. The Town's communications system will not be used for recruiting new members. All electronic communications are guided by Town policy concerning electronic communication systems. Use of Town electronic communications for Association purposes authorized under this MOU shall be during off-duty hours. E. Association Leave Pool Hours 1. A member of the Executive Board of the Association, or a representative, will, with the approval of the Chief, subject to 24 hour notice in advance, be authorized to engage in Association related activities during Town work hours on anon-paid basis, or by using Association Leave Pool Hours. Approval for use of unpaid time or leave pool hours shall be subject to Department operational and scheduling factors and administration control as to usage of such time, but shall not be unreasonably withheld. 2. The Town shall permit the Association to have a leave pool of not to exceed 200 hours per year. The leave pool will consist solely of time deducted from members' vacation leave. The Town will deduct two hours of vacation leave time from all Association employee members annually, crediting the time to an "Association Leave Pool." This deduction will occur once annually and the member's vacation balance will be charged when the collection is processed. The maximum accrual of Association pool hours at any time shall not be greater than 500 hours. The annual vacation leave deduction will be adjusted accordingly if the normal two-hour draw would cause the leave bank to exceed 500 hours. The Association agrees to use personal time if the time required exceeds available leave bank hours. 3. Paid leave pool time may not be used unless an association paid pool leave time authorization form has been completed prior to the use of the leave. The form shall require the signature of the Association President and the Chief, and shall be submitted to the Chief for approval at least twenty-four hours in advance of the use of the leave. 4. Approval for use of paid time from the leave pool shall be subject to Department operational and scheduling factors. Such approval shall not be unreasonably withheld. The Department's management labor liaison will charge the bank and periodically report use and balance to the Association President. Leave pool hours may be carried over from year-to-year. Paid leave pool hours shall not be counted as hours worked for the calculation of overtime. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 112 of 192 Page 7 of 31 5. In recognition of the mutual benefit to both the Town and the Association, an employee using Association leave pool time as defined in this MOU to conduct Association business shall be accorded all insurance-related benefits. Approval of claims made for benefits will be determined in the same manner as any other Town employee. F. At a time established by the Department, the Association will be allowed one hour during the post-academy to talk to and possibly sign new employees into the Association and to explain the rights and benefits under this MOU. G. The Association may designate up to three employee members to represent the Association in the Meet and Confer process with the Town. Association employees who are on the Association negotiating team and who are scheduled to work at the time of a negotiation meeting shall be excused from their regular duties without loss of pay for the duration of the meeting. If a negotiating team member is not on-duty during the negotiations, the member will not be paid for the time spent in negotiations. Section 4-2: Employee Rights A. Employees have the right to be represented by the Association and to have a member of the Association present during the grievance meetings described by the grievance process set forth in Article 5, and during any administrative Department interview when the Department or the employee reasonably believes that the interview could result in dismissal, demotion or suspension. An employee is not entitled to representation by the Association during an interview of an employee that is: In the normal course of duty, counseling, or instruction, or an informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or other law enforcement officer. 2. Preliminary questioning to determine the scope of the allegations or if an investigation is necessary. 3. Conducted in the course of a criminal investigation. 4. Conducted in the course of a polygraph examination. B. If an employee requests, representation will be allowed during any administrative Department interview when the Department or the employee reasonably believes that the interview could result in dismissal, demotion or suspension, whether the interview is conducted as part of an administrative investigation by Internal Affairs or by a Department supervisor who is conducting an administrative investigation. The employee will obtain the most readily available representative. The representative will make every reasonable effort to arrive in a timely manner from the time a phone call is made by the employee to the representative. The representative will attend the above interview only as an observer. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 113 of 192 Page 8 of 31 C. The interview session shall be for a reasonable period of time, taking into consideration the gravity and complexity of the misconduct being investigated. The employee shall be permitted reasonable breaks of limited duration during any interview for telephonic or in person consultation with others, including an attorney, who are immediately available. At the conclusion of the interview, the employee may consult with his representative and the employee may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview. D. An employee may make a written request for a second polygraph examination. If good cause is presented for a second polygraph examination, the Department will arrange for the administration of a second polygraph examination. In no event will more than two polygraph examinations be administered. E. An employee under investigation shall be notified in writing every 30 days as to the current status of the administrative investigation. This notification shall include an estimated date of completion. F. An employee shall on request be allowed to review the employee's Department and Town personnel files in the presence of a management representative. G. No employee shall have any adverse comments entered into the employee's Department or Town personnel files without the employee being informed by the supervisor in writing of the comments. The employee may upon request receive a copy of the adverse comment. An employee may attach rebuttal statements to any material in the employee's Department or Town personnel files that may be adverse in nature. H. If a Department supervisor or Internal Affairs investigator interviews a law enforcement officer and the Department or the employee reasonably believes that the interview could result in dismissal, demotion or suspension, the employee shall be given a written notice informing the employee of the alleged facts that are the basis of the investigation, the specific nature of the investigation, the officer's status in the investigation, all known allegations of misconduct that are the reason for the interview, and the employee's right to have a representative present at the interview. The notice shall include copies of all complaints that contain the alleged facts that are reasonably available, except for copies of complaints that involve matters pursuant to federal laws under the jurisdiction of the Equal Employment Opportunity Commission. The employee and/or the Department supervisor/Internal- Affairs representative shall each be entitled to mechanically record the interview. Should any mechanical recordings take place, the Department and the employee reserve the right to transcribe any such interview for the purpose of verifying the accuracy of the interview. 1. A copy of the signed and dated notice of investigation shall be given to the employee prior to the beginning of the interview. The employee shall have the right to retain the notice of investigation for use throughout the entire course of the interview. An employee shall be provided an opportunity to make a telephone call after the issuance of the notice of investigation to obtain a representative. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 114 of 192 Page 9 of 31 2. In the event an employee does not record the interview, the employee may request a copy of the investigator's tape(s) if the investigator records the interview. 3. If an employee is told not to speak to anyone regarding an investigation, this admonition shall not apply to speaking with an attorney functioning within the attorney-client relationship, or with a representative. When the investigation is completed, the employee shall be notified in writing of the findings. I. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of an employee under investigation who is being interviewed pursuant to this Article, and shall count as time worked any hours or fractions of hours spent outside the employee's work shift. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of a representative who is attending an interview with an employee pursuant to this Article. J. An employee who receives a written reprimand may request a copy of the official documentation, if any, supporting the written reprimand. K. Employees shall have the right to participate on behalf of or engage in activities on behalf of the Association. Employees shall be free from any interference, restraint, or coercion by any other employee, supervisor, or manager in pursuance of the rights granted under the Ordinance and in this MOU. L. Employees who are on-duty shall be granted reasonable time to cast a vote in any Association election. In the case of an Association Board election, the Association will provide an opportunity for its members to cast a vote by ballot at the Marana Operations Center (MOC) and the Marana Municipal Complex (MMC). In the case of a vote for the purpose of MOU ratification, the Association will designate a time and location for the vote. In either case, if the vote occurs at a time that falls during a member's working hours, the member may take reasonable on-duty time to travel to the voting location closest to the member's work location and cast his/her vote so long as the operational needs of the department and the public safety of the community are not compromised. Members who vote during off-duty hours do so on their personal time and that time shall not be considered as time worked. ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS The Town and the Association have agreed to these procedures as a means to: A. Ensure all employees fair and equitable treatment; B. Promote harmonious relations among employees, supervisors and managers; C. Encourage the settlement of disagreements informally at the employee-supervisor level; MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 115 of 192 Page 10 of 31 D. Provide an orderly procedure to handle disagreements through the various supervisory levels when necessary; and E. Resolve grievances as quickly as possible. Section 5-1: Non-exclusive Remedy An employee covered under this MOU may choose to exercise rights under this grievance review process or under the Town Personnel Action Review Board (PARB) process, but may not use both processes. Once the employee has elected one (by taking the initial step under the process), that election is irrevocable for that grievance/employee action. Section 5-2: Grievances Unless otherwise stated in this MOU, an employee may file a grievance involving termination, reduction in pay, demotion, suspension without pay, or reduction in pay in lieu of suspension without pay in accordance with the Grievance Procedure Steps set forth in this article. Section 5-3: Employment Actions Not Subject to Grievance The following employment actions are not subject to grievance: A. Placement of an employee in, or the content or the structure of, the Town's Classification Plan; B. Placement of an employee in, or the content or structure of, the Town's Salary Plan; C. The content or structure of the Town's benefits programs; D. An employee's performance evaluation; E. Extension of an evaluation period; F. Assignments, transfers or reassignments, including those to or from lead positions or special positions; G. Municipal finance or budgetary issues; and H. Layoffs. Section 5-4: Miscellaneous Rules A. Employees who have not completed an initial evaluation period with the Town are not permitted to file a grievance. B. After an issue has been initially presented for review, an employee may not add new allegations at a subsequent step. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page. 116 of 192 Page 11 of 31 C. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the employee. D. An employee's failure to file a timely appeal in writing to the next step in the process will constitute a waiver, and the decision shall be final, binding and not subject to further review. Failure by the Chief or the Town to respond to a grievance within the specified time frame will allow the employee to move to the next step in the grievance process. E. Meetings held under these procedures 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. F. No discipline, retaliation, or threats of retaliation shall be taken against any employee, representative, witness or other participant, whether testifying or not, in these grievance procedures by reason of such participation. G. For pay and benefits purposes, time spent by employees in discussions with management or in testifying before the Grievance Review Committee (GRC) is considered time worked, but shall not be used in computation of overtime under the Fair Labor Standards Act (ELBA). H. Employment matters subject to review may be resolved or settled at any step in the process. Such matters will be processed until: (a) the employee does not file a timely appeal (as defined in the steps); or (b) a decision has been made in the final step; or (c) the employee withdraws the grievance. I. All employment decisions (and resulting wage and/or benefit losses flowing from them) are effective when made by the Chief. Upon reversal of the decision at any step in the review process, the employee may recover any wages and/or benefits lost. Section 5-5: Grievance Procedure Steps A. Step One: Appeal to Chief Within ten days of the time the employee receives written notification of an employment matter that is subject to review, the employee must file a request for grievance review with the Town's Human Resources Department on a form provided by the Town. 2. The Chief shall review the issue, attempt to resolve it, and give a written decision to the employee within ten days of having received the employee's request for grievance review from the Town's Human Resources Department. 3. If the issue involves conduct of the shall give the request for grievance proceed as stated in Step Two, below. Chief, the Human Resources Department review to the Town Manager, who shall B. Step Two: Appeal to Town Manager MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 117 of 192 Page 12 of 31 If the employee is not satisfied with the Chief's decision or if no decision has been rendered within ten days after submission to the Chief, the employee may appeal the decision to the Town Manager. 2. The appeal must be submitted in writing to the Manager within ten days after delivery to the employee of the decision being appealed. 3. The Manager will review the appeal and communicate a decision in writing to all concerned parties within 20 days of the Manager having received the employee's written notice of appeal. C. Step Three: Appeal to the Grievance Review Committee (GRC) 1. If the employee is not satisfied with the Town Manager's decision or if no decision has been rendered within 20 days after submission to the Manager, and provided the employment matter is subject to a Step Three appeal, the employee may appeal the decision to the GRC. 2. Only disciplinary actions taken by the Town that involve termination, reduction in pay, demotion, suspension, or reduction in pay in lieu of suspension without pay are subject to a Step Three appeal to the GRC. 3. An appeal must be submitted in writing to the Human Resources Department within ten days after delivery to the employee of the employment matter being appealed. If the employee fails to submit a written appeal within ten days, the lower action will be automatically affirmed. Section 5-6: Rules of Appeal to the Grievance Review Committee A. Method of Appeal The appeal will be a written statement, addressed to the Grievance Review Committee (GRC) through the Human Resources Department, explaining the employment matter appealed, the action desired, and the reasons for it. The appeal shall also include all previous correspondence concerning the matter. B. Human Resources Director to Determine Jurisdiction Upon receipt of the written appeal, the Human Resources Director shall confirm that the appeal raises an employment matter subject to review under this MOU. The Human Resources Director's determination may be appealed through the Contract Review Committee Process set forth in this MOU. Upon the Human Resources Director's determination that the appeal raises an employment matter subject to review, the GRC shall request the Town to furnish copies of all correspondence and any part of the appellant's personnel file pertaining to the issue being appealed. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 118 of 192 Page 13 of 31 C. Notice of Hearing Within 30 calendar days of the Human Resources Director's determination that the appeal raises an employment matter subject to review under this MOU, the GRC shall set a date for a hearing. The chairperson of the GRC shall notify all interested parties of the date, time, duration and place of the hearing. 2. The hearing should take place within 60 days of the Human Resources Director's determination that the appeal raises an employment matter subject to review under this MOU, unless the time is extended by the GRC, or unless the GRC is unable to hear the appeal within that time, or for good cause. In no event shall the hearing take place sooner than 21 calendar days from the date of the hearing notice or later than six months from the date the employee files the appeal. D. Pre-Hearing Exchange of Information Not later than ten days before the hearing, the Town and the employee shall disclose to each other and to the GRC the witnesses each anticipates calling at the hearing; a synopsis of their testimony; and a list of documents each anticipates presenting to the GRC; and the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives. Witnesses, in their own discretion, may decide whether they wish to be interviewed. 2. Within three days after the Town's receipt of the employee's written request for the investigative file, the Town shall disclose to the employee a complete copy of the investigative file and the names and work addresses of all persons interviewed during the course of the investigation. E. Hearings 1. The employee shall appear personally, unless physically unable to do so, before the GRC at the time and place of the hearing. 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. 3. The employee may be represented by any person or attorney (other than a GRC Member or a Town employee) who is willing and is not a witness or otherwise involved in the matter. 4. The Town may also be represented by an attorney or other representative acting on the Town's behalf. 5. Except as provided in Section 5-6(J)(3), the parties are individually responsible for their own attorney's fees. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 11g of 1g2 Page 14 Of 31 6. The hearing shall take place in executive session unless the employee requests in writing that the hearing take place in open session. 7. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal. However, evidence of relevant past misconduct and/or relevant disciplinary action, if any, shall be admissible. 8. The hearing will be recorded by audio or video recorder, or other mechanical or electronic means. 9. If following the hearing a party requests a copy of the transcript of the hearing, the cost of the copy, including preparation of the transcript, shall be paid by the party or parties ordering them. 10. The employee may submit a written request to the Human Resources Department to withdraw the appeal at any time prior to the decision by the GRC. F. 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 is informal and the technical rules of evidence do not apply; however, the Chairperson will 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 will be final. 3. If the hearing is held in executive session, attendance at the hearing is limited to the employee, the Chief, each party's attorney or representative, the GRC members, staff needed to assist the GRC with any administrative tasks and to carry out its hearing functions, and each witness during his or her testimony. If the hearing is open to the public, witnesses (other than those listed above) shall on the request of either party be directed to remain outside of the hearing room except during their testimony. 4. The Chairperson of GRC 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, the Chairperson of GRC may, by affidavit setting forth the facts, apply to the Superior Court for relief. G. Default Decision If, after receiving proper notice, the employee or the Chief fails to appear at or participate in the hearing within 15 minutes of the time set for the hearing, the GRC may MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 120 of 192 Page 15 of 31 enter a default against the party failing to appear. The GRC may reconsider a default decision upon a party's submission of proof of exigent circumstances within ten calendar days of receipt of the default decision. H. Statements and Questioning of Witnesses 1. The Town or its representative may make an opening statement. 2. The employee or employee's representative may then make an opening statement. 3. The Town will 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. Except as provided herein, a witness may be present in the hearing only during his or her actual testimony. 5. The employee or representative may ask questions after the Town has completed the questioning of each witness. 6. The Town may then ask further questions of the witness limited to those areas raised in the employee's or representative's cross-examination of the witness. 7. After the Town's witness testifies and the employee/representative and GRC members have had an opportunity to ask questions, the witness will be dismissed. 8. When all witnesses of the Town have been heard, the 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 employee/representative has completed questioning the witness. The employee/ representative may then ask further questions of the witness limited to those areas raised in the Town's cross-examination of the witness. 9. Rebuttal witnesses may be permitted to testify as the GRC determines appropriate. 10. GRC members may ask questions of a witness at any time. 11. Each side may call disclosed witnesses who are believed to be relevant. Each party is responsible for securing the attendance of their own witnesses; however, the Town will make Town employees available for the hearing, if timely disclosed and requested. 12. No witnesses or documents will be considered by the GRC that were not disclosed during the pre-hearing exchange of information unless the party can show that the witness or documents are newly discovered, there was prompt MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 20~ o -Page 121 of 7 g2 Page 16 Of 31 disclosure, and the evidence is crucial. In addition, the GRC, 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. 13. After all witnesses have been questioned, first the Town and then the employee, and then the Town may make closing statements. Because the Town has the burden of supporting its decision, it has the right to open and close the argument. I. Submission to the GRC After all evidence has been submitted and closing statements have been made, the parties and their representatives will be excused. The GRC will then deliberate in private. Following deliberation, the GRC will vote in open session and render a decision. The decision shall be based on a majority vote of the GRC members. The voting shall be by roll call. 2. The only decision the GRC may make is either to uphold or overturn the action of the Town being appealed by the employee. If, after the hearing, the GRC determines that there was just cause for the action taken by the Town, then the action shall be affirmed. J. Findings 1. Within ten days after the conclusion of the hearing, the GRC shall prepare and distribute the GRC's final decision to the employee, the Town Manager, the Human Resources Director and the Chief. 2. If the GRC overturns the action of the Town, the employee will receive back payment for wages and benefits, if any, lost as a result of the Town's action. 3. Pursuant to A.R.S. §§ 38-1004(C) and 38-1007, the GRC may award reasonable costs and attorney's fees to the employee, not- to exceed $10,000, if the employee was appealing an employment matter involving demotion, dismissal, or a suspension. 4. If necessary, the GRC may set a hearing, no later than ten days from the conclusion of the appeal hearing, to make findings as to the amount of attorney's fees to award to the employee. An award of attorney's fees shall not be made if the disciplinary action related to off-duty activities unrelated to the required duties of the employee. Section 5-7: Grievance Review Committee A. Composition 1. The Grievance Review Committee (GRC) shall be composed of three members, who shall be residents of Marana. One member of the GRC shall be appointed MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 122 of 192 Page 17 of 31 by the Association, one member of the GRC shall be appointed by the Town Manager, and the third member shall be selected by agreement of the two appointed members. The Chairperson of the Board shall be selected by agreement of the two appointed members. GRC members shall serve terms of one year, which shall automatically be held over unless the member is replaced. GRC members may not be Town employees or elected officials. 2. GRC members serve in a voluntary capacity and shall not be compensated nor shall they receive any benefits from the Town for their service on the GRC. B. GRC Attorney The GRC may be assisted by an attorney who is appointed by and paid for by the Town. The GRC Attorney will remain the same through individual cases. The Town and the GRC will be represented by separate attorneys. C. Meetings 1. The GRC meetings shall be arranged by the Human Resources Director when an appeal is filed by an employee. 2. A majority of the members of the GRC shall constitute a quorum for the transaction of business. Any decision of the GRC shall require two affirmative votes. 3. Meetings shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law and such operational rules and procedures as shall be adopted by the GRC. 4. All meetings shall be recorded and accurate minutes shall be approved by the GRC and forwarded to the Town Clerk. D. Final Decision All decisions of the GRC are final and not subject to further review within any Town process. Section 5-8: Conference Board; Conference Board Procedures A. It shall be the duty of the parties to exert every reasonable effort to settle all disputes concerning the terms and conditions of this MOU. The parties agree to negotiate in good faith all disputes arising from this MOU. B. Conference Board meetings shall be held upon request of either the Association or the Town. Once a request is made for a meeting, the meeting shall be held within ten days. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 123 of 192 Page 18 of 31 C. The purpose of these meetings shall be to resolve any dispute or difference in interpretation of this MOU. A maximum of four employee members of Department management and four employee members of the Association shall attend these meetings. D. Arrangements for the meeting shall be mutually agreed upon by all parties. Both the Association and the Town shall notify each other in writing of the subjects they wish to discuss no later than three days in advance of the meeting. E. Upon request of either the Association or the Chief, the Town Manager will be asked to participate. F. If the dispute cannot be resolved to the satisfaction of either the Association or the Town through the Conference Board, either party may request a hearing before the Contract Review Committee. The hearing request shall be submitted to the Human Resources Director within the 45-day period immediately following the first meeting held by the Conference Board. Section 5-9: Contract Review Committee A. Composition The Contract Review Committee (CRC) shall be composed of five members, who shall be three current Town council members and two citizens who shall be residents of Marana. The Town Council members shall be appointed by the Mayor and Council, one citizen member shall be appointed by the Town Manager and one citizen member shall be appointed by the Association. The Mayor and Council shall appoint one of the Town Council committee members to serve as chair of the CRC. CRC members shall serve a term of one year will automatically be held over unless replaced. 2. The CRC members serve in a voluntary capacity and shall not be compensated nor shall they receive any benefits from the Town for their service on the CRC. 3. If a member cannot serve for a full term, the original appointing body shall appoint a replacement. B. Purpose The purpose of the CRC shall be to make a recommendation of action to the full Town Council regarding resolution of disputes regarding interpretation of this MOU. C. CRC Attorney The CRC may be assisted by the Town Attorney's Office. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 200 - Page ~2a of 792 Page 19 Of 31 D. Meetings 1. The CRC meetings shall be arranged by the Human Resources Director when a request is filed by the Association or the Chief. 2. A majority of the members of the CRC shall constitute a quorum for the transaction of business. Any recommendation of the CRC shall require three affirmative votes. 3. Meetings shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law. 4. All meetings shall be recorded and accurate minutes shall be approved by the CRC and forwarded to the Town Clerk. E. Scheduling The Human Resources Director shall schedule the hearing of the Contract Review Board no later than 30 days following receipt of the request, unless this time limit is waived by mutual consent of both of the parties. The. parties shall submit position papers and supporting documentation to the Human Resources Director at least 15 days in advance of the scheduled hearing. The Human Resources Director shall provide copies of all documentation to the Contract Review Board and the parties at least 7 days in advance of the scheduled hearing. F. CRC Hearing 1. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. The Association may be represented by any .member of the Executive Board or employee member of the Association and the Town may be represented by the Chief. 2. Either party may consult with attorneys, but shall not be represented by attorneys at a CRC hearing. The parties are individually responsible for their own attorney's fees. 3. The hearing shall take place in public session and shall be limited to the specific issue of contract dispute. 4. The hearing will be recorded by audio or video recorder, or other mechanical or electronic means. 5. If following the hearing a party requests a copy of the transcript of the hearing, the cost of the copy, including preparation of the transcript, shall be paid by the party or parties ordering them. 6. Either party may submit a written request to the Human Resources Department to withdraw the disputed matter at any time prior to the hearing by the CRC. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 125 of 192 Page 2O Of 31 G. General Conduct of the Hearing 1. The Chairperson shall call the hearing to order, and introduce all parties, and ensure equal time is afforded to both parties for presentation of the issues. 2. Each party shall have the opportunity to present its position to the CRC and the preferred recommended solution. 3. The hearing is informal and the technical rules of evidence do not apply; however, the Chairperson will 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 will be final. 4. The hearing is open to the public. H. Statements 1. The party initiating the complaint shall present its position first. 2. Each party shall have an opportunity to present a rebuttal statement. A reasonable time period during the hearing may be granted by the CRC to the parties to prepare a rebuttal statement. 3. Each party shall have an opportunity to make a closing statement. 4. The CRC shall have the opportunity to ask questions of either party. 5. The CRC shall have the option of continuing the hearing to a date certain if the CRC determines it needs additional information to make a recommendation. I. Findings 1. The CRC shall reach a recommendation at the conclusion of the CRC meeting. This recommendation shall be placed on the next available agenda for action by the Town Council 2. If the parties reach agreement on a resolution of the disputed item during the CRC process, the agreement will be placed on the next available agenda for action by the Town Council. ARTICLE 6; WAGES AND BENEFITS Section 6-1: Wages A. The Association and the Town will work together to find a fair and reasonable pay scale for all employees, to be incorporated into this MOU. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 126 of 1g2 Page 21 Of 31 B. Step Pay Plan 1. Sworn personnel and dispatchers covered under this MOU shall be placed on an eight step pay plan that will start from the date of hire. 2. Sergeants shall be placed on a four-step pay plan from the date of promotion from officer. 3. For the purposes of this step plan, the employee's anniversary date shall be the date of the most recent personnel action involving a hire, promotion or demotion. An anniversary date shall not change for a lateral transfer or special assignment. 4. Sworn personnel and dispatchers shall be eligible to move to the next higher step on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system, except that no employee shall advance to a new step and no step increases shall be provided during the term of this MOU. 5. Sworn personnel and dispatchers at the top step shall be eligible fora 5% lump sum bonus on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system, except that no lump sum bonuses shall be provided during the term of this MOU. 6. Attachment "A" to this MOU incorporates the step pay plan for sworn personnel and dispatchers covered by this MOU. This step pay plan shall be in place for the duration of this MOU unless modified as provided in Section 6-10 of this MOU. C. Open Range Pay Plan 1. Non-sworn employees covered under this MOU, excluding dispatchers, shall be placed on an open-range pay plan. 2. Attachment "B" to this MOU incorporates the open range pay plan for non-sworn personnel, excluding dispatchers, covered by this MOU. 3. Pay increases shall be based on an evaluation of job performance during the month of July using the Town's performance management system, except that no pay increases shall be provided during the term of this MOU. D. The Town and the Association agree that when the Town is in a financial position to restore performance-based pay increases, the Town shall conduct a compensation survey on the crime scene specialist classification to determine the appropriate pay range for that classification. The survey will be based on the labor market for classification and compensation comparisons approved by the Town Council on February 19, 2008 by Resolution No. 2008-31. If any increase in compensation for individual crime scene specialist employees is warranted as a result of this survey, such MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 127 of 192 Page 22 Of 31 increase shall be effective upon the date that performance-based pay increases are restored. Section 6-2: Specialty Pay A. Any police officer assigned as a Detective in the Criminal Investigations Unit will receive 10% special assignment pay for the duration of the assignment. B. Any patrol officer or dispatcher assigned as a Field Training Officer (FTO) will receive one hour of overtime added to any shift during which the officer or dispatcher is training a new employee. Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DIC) A. Police Patrol Officers designated by the. Chief as Officer in Charge (OIC) shall receive a 5% increase in pay for the hours worked in an acting first-line supervisory capacity when there is no first-line supervisor working a patrol shift. The Chief shall determine the method for appointing an OIC. B. Dispatchers designated by the Chief as Dispatcher in Charge (DIC) shall receive a 5% increase in pay for the hours worked in an acting first-line supervisory capacity when there is no first-line supervisor working a dispatch shift. The Chief shall determine the method for appointing a DIC. Section 6-4: Overtime A. For the purposes of this MOU, overtime shall be defined as all hours worked in excess of 40 hours in the seven-day work period defined by Town policy. B. Overtime may be authorized and required by the Chief when it is in the best interest of the Town. Overtime shall be authorized in advance by the Chief, unless emergency situations preclude advance authorization. C. Overtime compensation for employees shall be computed in accordance with the Fair Labor Standards Act. If overtime is to be paid, it must be recorded and paid, at one and one-half times the regular rate of pay, on the next regular pay day following the conclusion of the pay period in which the overtime was worked. If overtime is to be applied to compensatory time, it must be recorded at one and one-half times the number of hours worked. D. The decision to be paid overtime in cash or to record it as compensatory time shall be at the discretion of the employee. E. Compensatory time shall not accrue beyond 80 hours maximum. F. Accumulated compensatory time shall be paid: MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 128 of 192 Page 23 of 31 1. When the accrued compensatory time exceeds the maximum. Payment will be for that amount which exceeds the maximum 2. Upon separation for any reason, including death of the employee. 3. When an employee transfers or promotes to a position not eligible for overtime. G. A request for use of compensatory time shall be made in the same manner that a request for vacation leave is made. Section 6-5: Court Overtime A. When court time constitutes overtime, an employee shall be entitled to a minimum of two hours overtime compensation, or the actual number of hours worked, whichever is longer. The employee shall be required to comply with the court attendance verification system prescribed by the Chief. B. For purposes of this Article the term "Court" shall be defined as including Federal District Court, any Superior Court, any municipal court, any county court, Federal, State, and county grand juries, Motor Vehicle Department hearings, and prosecutorial and defense interviews. It is understood that the term "Court" shall not apply to Town administrative hearings including but not limited to arbitration hearings pursuant to the MOU and Town Personnel Action Review Board hearings. Section 6-6: Jury Duty When an employee is called upon to serve as a juror in any court action, the employee will be allowed leave from his/her duties without loss of pay for the time required for this service. Any remuneration received by the employee from the court as payment for jury service shall be turned over to the Town. Section 6-7: Call-out Pay A. When an employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours overtime each time called out, or the actual overtime worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. B. Travel time shall not apply when an employee is working overtime that is scheduled or planned in advance. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 129 of 192 Page 24 of 31 Section 6-8: Shift Differential Pav An employee shall receive 90 cents per hour in addition to the employee's base hourly rate of pay when working a shift which falls between 6:00 p.m. (1800 hours) and 6:00 a.m. (0600 hours). Section 6-9: On-Call Assignments; On-Call Pav A. The following assignments shall be eligible for on call pay: Detective, Accident Reconstructionists, SWAT, PIO, Crime Scene Specialists and K-9 units. B. Sworn personnel in eligible assignments shall receive on call pay of $.50 per hour for the hours outside of their normal work week that they are assigned to be on call and available, but not actually working. Hours actually worked outside of the regular work shift shall be compensated as time worked, except as provided otherwise in this MOU. C. The Chief shall determine the length, duration and rotation of on-call assignments. Section 6-10: Wage Re-opener The Association and the Town recognize that it is difficult to predict economic conditions and agree that a wage re-opener may be initiated by either party during the duration of this MOU for each upcoming fiscal year beginning with fiscal year 2012. Either the Association or the Town may request a review of the pay plans included in Attachment "A" and Attachment "B" under this section of the MOU, by providing written notification to the other party by December 15. Written notification shall be directed to the Town Manager if the Association is the initiating party or to the Association Executive Board President, if the Town is the initiating party. Within 30 days of the receipt of the notice, the representatives shall hold an initial meeting and shall conclude all discussions regarding changes to the pay plans by March 15. If the parties cannot agree on proposed changes to the pay plans, the matter shall be referred to the Town Council who will hear recommendations from the Town Manager and the Association in public session. The council may accept, reject or modify proposed changes to the pay plans as part of the budget adoption process for the upcoming fiscal year. Except by mutual agreement, no issues other than these wages shall be discussed during the wage re- opener. ARTICLE 7; HOURS OF WORKNVORKING CONDITIONS Section 7-1: Hours A. The regular hours of work for employees covered by this MOU shall be 40 hours in a seven-day (Saturday through Friday) work period. B. Employees shall be assigned to work shifts that the Chief determines are best for the Department. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 130 of 192 Page 25 of 31 Section 7-2: Leaves A. Employees requesting the use of vacation times shall make a written request to their supervisor. The employee's request shall be granted whenever possible. B. Employees requesting the use of accumulated compensatory time shall make a written request to their supervisor. Compensatory time off shall be granted within a reasonable period after making the request, if such time off does not unduly disrupt the operations of the Department. C. If it is necessary to limit the number of employees of any rank on vacation or holiday leave at any time or period of time, then employees with greater seniority within that rank at the Department shall be given priority. D. When an employee's leave request must be denied due to staffing levels, the employee may request permission to trade shifts with any other fully qualified employee of the same rank (if a sworn employee), or of the same classification (civilian employee), subject to the approval of the supervisor(s) of both employees. When trading shifts, the Town will incur no liability for overtime except for extended shifts. E. Employees who are members of the National Guard or any branch of the Armed Forces may, with the approval of their supervisor, switch days off or use shift trades to accommodate weekend military duty. The shift trade may be with any other fully qualified employee of the same rank (if a sworn employee), or of the same classification (if a civilian employee), subject to the approval of the supervisor(s) of both employees. When trading shifts, the Town will incur no liability for overtime except for extended shifts. F. Employees shall receive up to three days bereavement leave for the death of an immediate family member as defined by the Town's Personnel Policies and Procedures. If travel outside the state is required, employees may be granted up to two additional days of bereavement leave at the discretion of the Chief or designee. Employees may request to use any available paid leave balances for additional time off as necessary. Employees shall submit requests for bereavement leave to their supervisor as soon as the need for leave arises or as soon as possible thereafter. Supervisors shall approve requests for bereavement leave in the absence of unusual Town operational requirements. Section 7-3: Holidays A. When possible without decreasing the effectiveness of the various municipal services, employees shall be allowed paid holidays as provided below: New Year's Day Martin Luther King's Day Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 131 of 192 Page 26 of 31 B. When a holiday falls on Sunday, it will be observed on the following Monday. When a holiday falls on a Saturday, it will be observed on the preceding Friday. C. Compensation or paid time off when not working a holiday: When a holiday falls on an employee's regularly scheduled day off, the employee will be given 8 or 10 hours compensation for that day depending on the scheduled work day of that employee. D. Employees covered under this agreement shall be eligible for 16 hours of personal leave each calendar year. Leave does not accrue and must be used within the calendar year. Section 7-4: Payment of Sick Leave at Death Upon the death of an employee the employee's designated beneficiary shall receive 50% pay for sick leave accrued at the employee's established hourly rate. Section 7-5: Uniform, Clothing and Equipment A. A new sworn employee will receive all uniforms and equipment mandated by the Chief. All sworn employees will receive from the Town a uniform and equipment maintenance allowance of $600, half to be paid in July and half to be paid in January. B. A new non-sworn employee shall receive all equipment and non-sworn uniforms required by the Chief. Anon-sworn employee who is required to wear specified work attire during the performance of his or her duties will receive a fiscal year work attire allowance of $300, half to be paid in July and half to be paid in January. Section 7-6: Return to Work A. Employees covered under this MOU who are unable to temporarily perform the essential functions of their regular position due to awork-related illness or injury or off-duty illness or injury may be eligible for the Return-to-Work Program upon written certification from a medical care provider. The medical care provider must certify to the Human Resources Director that the employee may return to work with restrictions for the job in question, and that those restrictions are temporary and not expected to last more than 180 days. B. Requests will be evaluated based on the restrictions identified by the physician and the work available that addresses those restrictions. The Town is not obligated to create work in order to provide an alternative work assignment. C. Employees with an on-the-job injury shall be given preference for an alternative work assignment. An employee with an off-duty injury may be required to relinquish his/her alternative work assignment in order to provide an alternative work assignment to an employee with an on-the-job injury, when there is no alternative work assignment available. MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 132 of 192 Page 27 of 31 D. Alternative Work Assignments When an employee is approved for an alternative work assignment primary consideration will be given to job placement within the Department. 2. A secondary consideration will be alternative placement into another department, including an assignment that is a lower classification than the employee's normal job assignment; however there shall be no loss in wages for the hours worked in an alternative work assignment. E. An employee participating in the Return-to-Work Program is subject to all rules, regulations, standards, policies and procedures of the Town and the specific department. F. Procedures The procedures for requesting an alternative work assignment shall be established by the Chief in consultation with the Human Resources Director. 2. Procedures will be disseminated and/or otherwise made available electronically to all employees covered under this MOU. Section 7-7: Take-Home Vehicles Employees serving in certain on-call assignments must be available to respond to call-outs quickly and with the proper equipment. In recognition of these goals, the Town and the Association agree to the following Take-Home Vehicle Program for sworn personnel and Crime Scene Specialists covered under this MOU. A. When officially scheduled in an on-call status, personnel in the following assignments shall be eligible for atake-home marked or unmarked vehicle: 1. Sworn personnel assigned to the Criminal Investigations Unit (CIU) 2. Sworn personnel assigned to the regional S.W.A.T. team 3. Sworn personnel assigned to Explosive Ordinance Disposal 4. Civilian personnel assigned as a Crime Scene Specialist B. Additionally, personnel in the following assignments, whether in an on-call status or not, shall be eligible for atake-home marked or unmarked vehicle: 1. Sworn personnel assigned to the Criminal Investigations Unit (CIU) 2. Sworn personnel assigned to the Motors Unit 3. Sworn personnel assigned to the K-9 Unit MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 133 of 192 Page 28 of 31 4. Sworn personnel assigned to Emergency Management/Homeland Security 5. Crime Scene Specialist when serving as a back-up to the Crime Scene Specialist on-call C. The Chief shall establish the procedures for take-home vehicles. ARTICLE 8; STRIKES AND WORK INTERRUPTION It is understood and. agreed that the Association and its members shall not participate in the instigation, organization, leadership, or execution of any strike, work stoppage, slow- down, or other form of concerted work interruption, and further agree to assist, fulfill, and provide the continuing orderly execution of all police services. Any violation of this Article shall be a material breach of this MOU, which may then be immediately terminated by the Town upon written notice to the Association. The Association acknowledges that any employee involved in any of the conduct described in this Article is subject to discipline, up to and including termination. ARTICLE 9; MISCELLANEOUS Section 9-1: Saving Clause If any Article or Section of this MOU should be held invalid by operation of or by final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by any tribunal, the remainder of this MOU shall not be affected thereby; and upon issuance of such final decree, the parties, upon request of either of them, shall meet and confer and endeavor to agree on a substitution provision or that a substitute provision is not to be included. Section 9-2: Seniority Seniority shall be considered in the setting of vacation schedules and shift assignments. Section 9-3: Term and Effect of MOU A. This MOU shall be and remain in full force and effect, following adoption and approval by the Mayor and Council, beginning with the 1st pay period in July 2010 through June 30, 2012. B. Termination or expiration of this MOU shall result in immediate cancellation of all provisions contained in this MOU, except for the conditions and processes of re-negotiation, and all such provisions shall remain canceled until a new MOU is ratified with the following exceptions: MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 134 of 192 Page 29 of 31 If negotiations are underway, the terms and conditions of the MOU shall automatically be extended for a period of 90 days or may, by mutual consent of the parties, be extended for a period not to exceed one year. 2. If an election process under the Meet and Confer Ordinance should occur during negotiations and necessitate any delay in negotiations, the terms and conditions of this MOU will automatically be extended for a like period of time. C. By mutual consent of the parties, this MOU may be opened at any time for amendment. Any request for amendment shall be in writing and shall contain a detailed statement of the changes desired and reasons for them. The first meeting for negotiating the amendment will be scheduled within a reasonable period of time not to exceed 30 days after mutual consent to reopen. No changes shall be considered other than those directly related to the subject of requested amendments. An amendment to the MOU shall be in writing, signed and adopted by both parties. Such MOU shall become effective upon adoption and will remain in effect until the amended MOU expires. D. This MOU shall be reopened for amendment should there be any reduction by the State of Arizona in those revenues currently shared by the State with cities and towns within the State. E. If any section or provision of this MOU violates existing Federal, State, or Town law, then such law. shall supersede such provisions or sections. F. The lawful provisions of this MOU are binding upon the parties for the term of this MOU. G. This MOU constitutes the total and entire agreement between the parties and no verbal statement shall supersede any of its provisions. H. The Town's rules and regulations, administrative directives, departmental rules and regulations, and work place practices shall govern employee relations unless there is a specific conflict with this MOU approved by the Town Council pursuant to the Ordinance. Where a specific conflict exists, this MOU shall govern. [Signature page follows] MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 135 of 192 Page 3O Of 31 APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA. Mayor Ed Honea Dated: IN WITNESS WHEREOF, the authorized representatives of the parties have affixed their signatures below, acknowledging approval and adoption of this MOU by the Mayor and Council of the Town of Marana, Arizona. TOWN OF MARANA MARANA POLICE OFFICERS' ASSOCIATION Gilbert Davidson, Town Manager Dated: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mario Williams, President Dated: MOU 7/1/10 - 6/30/2012 Regular Council Meeting -June 15, 2010 -Page 136 of 192 Page 31 of 31 MEET AND CONFER MEMORANDUM OF UNDERSTANDING BETWEEN THE , TOWN OF MARANA AND THE MARANA POLICE OFFICERS' ASSOCIATION JULY 1, ~Q_~==-0:-JUNE 30, _ Regul~~[~~~i~L-1110 -Page 137 of 192 i TABLE OF CONTENTS .. ABLE F CONTENTS - n __ PREAMBLE _ - - _ _ _ _ __ _ .. - -_ __ 1 ARTICLE 1; PURPOSE; DEFINITIONS 1 Section 1-1: Purpose _ __._ _ _ ___ - - _ _ _-1 Section 1-2: Definitions _ _ - __ . _ _ _ 21 Section 1-~~: Gender _._ _ - _. 3 ARTICLE 2; RECOGNITION 3 Section 2-1: Recognition - 3 ARTICLE 3; MANAGEMENT RIGHTS _ _ - _ __ __ _ ___ - 3 Section 3-1: Management Rights__ _ ____ -- - _-- - 3 ARTICLE 4; ASSOCIATION RIGHTS_ _____ _ _ _ __ _ ___- . _. __._ .___.._5 - Section 4-1: Association Rights -------------- -_._ _ __ _ _-.._ ___ ____ _5 Section 4-2: Employee Rights_ ____ _ ____ ______ _______8 ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS______ _10 Section 5-1: Non-exclusive Remedy - - =1-A11 Section 5-2: Grievances 11 Section 5-3: Employment M-a~Astions Not Subject to Grievance 11 Section 5-4: Miscellaneous Rules 11 Section 5-5: Grievance Procedure Steps __ ..... _- __. _ .. __ ___ _ .12 Section 5-6: Rules of Appeal to the Grievance Review Committee __ _ _ _ 13 Section 5-7: Grievance Review Committee 17 Section 5-~:$: Conference Board; Conference Board Procedures 18 Section 5-9: Contract Review Committee 19 ARTICLE 6; WAGES AND BENEFITS X21 Section 6-1: Wages ~ Section 6-2: Specialty Pay 23 Section 6-3: Officer In Charge (OIC); Dispatcher In Charge (DIC) -_.. _._____ _ ______ ._ X423 Section 6-4: Overtime. ____ _- - _ _ - _:242.3 Section 6-5: Court Overtime 2524 Section 6-6: Jury Duty - ~~4 Section 6-7: Call-out Pay __ __ _ _ ___ _ - - - 224 Section 6-8: Shift Differential Pay 25 Section 6-9: On-Call Assignments; On-Call Pay 25 Section 6-10: Wage Re-opener _ _ _ -_ X2=5 ARTICLE 7; HOURS OF WORK/WORKING CONDITIONS 2625 Section 7-1: Hours- - ------------ -- --------- ~?~ Section 7-2: Leaves 26 Section 7-3: Holidays. --- ------------ __ - 2~?~ Section 7-4: Payment of Sick Leave at ~e#ir-e~e~tt-er-Death_________ _________ _______________ 27 Regul~ ~~7Q1.t~L-1,10 -Page 138 of 192 Section 7-5: Uniform, Clothing; and Equipment_____ Section 7-6: Return to Work_ _____ _____ _______ Section 7-7: Take Home Vehicles ARTICLE 8; STRIKES AND WORK INTERRUPTION ARTICLE 9; MISCELLANEOUS- __ _ ____ _____ __ Section 9-1: Saving Clause Section 9-2: Seniority _ Section 9-3: Term and Effect of MOU___ _________ __ ___ Regul~ i ~~~,~10 -Page 139 of 192 III PREAMBLE Whereas; the Town of Marana has a fundamental interest in maintaining a harmonious and cooperative relationship between the Town and its public safety employees; and Whereas the well =being and morale of the police employees of the Town are benefited by providing an opportunity to participate in the formulation of policies and practices affecting the wages, hours, and working conditions of their employment; and Whereas the parties acknowledge a desire to have an informed workforce and agree to engage in informational sessions offered to all tem~~ Q~cn employees regarding medical plan benefits and structure and retirement plan information; and Whereas the parties hereby acknowledge that the provisions of this Memorandum of Understanding (hereinafter "MOU") are not intended to abrogate the authority and responsibility of the Town government provided for under the statutes of the State of Arizona or the charter or ordinances of the Town; and Whereas the parties, through their representatives, met and conferred in good faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning wages, hours, and working conditions of employment in the bargaining unit; and the Town Council of the Town of Marana resolve to adopt itsthe terms of this MOU. ARTICLE 1 PURPOSE; DEFINITIONS Section 1-1: Purpose It is the purpose of this MOU to continue and maintain harmonious relations, cooperation, and understanding between the Town and its police employees, and to set forth the full and entire understanding of the parties reached as a result of a good faith meeting and conferring regarding wages, hours, and working conditions of the employees covered by this MOU, which understanding the parties intend jointly to submit and recommend for approval and implementation to the Mayor and Town Council. MOU 7/1/08.1..0 - 6/30/2A1-120.1..2 Regular Council Meeting -June 15, 2010 -Page 140 of 192 Page 1 of 38~i Section 1-2: Definitions Association: the Marana Police Officers Association. Chief: The Chief of Police of the Marana Police Department, or a person acting as the Chief's designee. Conference Board: A maximum of four employee members of Police Department Management and four employee members of the Association who meet to resolve matters of dispute involving the interpretation of this MOU prior to invoking the review process of the CRC. Contract Review Committee (CRC): Five member review committee composed of three Town Council members and two Marana residents who are not current who convene solely to make a recommendation of action to the full Town Council regarding resolution of disputes involving the interpretation of this MOU. Day(s): Calendar days, unless otherwise specified in the contract. Department: Marana Police Department. Employee(s) or Association member or member: A Town employee who is a full-time, Arizona certified sworn peace police officer below the rank of lieutenant, or a police dispatcher, police property and evidence technician or police records clerk, crime prevention specialist and crime analyst. A person who is employed by the Town on a contract, temporary, or seasonal basis is not considered an association member. Grievance Review Committee (GRC): Athree-member committee made up of residents of the Town of Marana who are not current employees and who convene as the final step in the Grievance process to hear appeals on employment matters as defined in this MOU. Management labor liaison: The Chief, or the person appointed by the Chief, to be the Department's point of contact for the Association. MOU: This Memorandum of Understanding, after approval and adoption by the Mayor and Council of the Town of Marana, as evidenced by the Mayor's signature at the end of this MOU. Ordinance: Marana Ordinance No. 2007.05, now codified as Town Code Section 4-1-8. Representative: A member of the Board of Officers, or one of the five asseciAssociation representatives named in section 4-1 who are authorized to act as grievance representatives MOU 7/1/0810 - 6/30/201-a2Q.12_ Regular Council MeetinguJune 15, 2010 -Page 141 of 192 Page 2 Of ~ Town: The Town of Marana. Town Manager or Manager: The Town Manager of the Town of Marana, or a person acting as the Manager's designee. Section 1-~: Gender Whenever any words used herein are in the masculine, feminine, or neuter; they shall be construed as though they were also used in another gender in all cases where they would so apply. ARTICLE 2; RECOGNITION Section 2-1: Recognition The Town recognizes the Association as the sole and exclusive Meet and Confer agent, pursuant to the Meet and Confer Ordinance for the purpose of representation regarding wages, hours, and working conditions of the public safety employee group as defined by the Meet and Confer ordinance, including all Town employees who are full-=time, Arizona certified sworn police officers below the rank of Lieutenant, those civilian employee classifications as set forth in the Ordinance, and the classifications of Crime Prevention Specialist and Crime Analyst. The Association agrees that recognition is subject to challenge by any other labor organization wishing to represent eligible employees as provided for under the terms and conditions of the Town Meet and Confer Ordinance, and as specifically provided in Section 4-1-8, Section G. ARTICLE 3; MANAGEMENT RIGHTS Section 3-1: Management Rights A. Nothing in this MOU shall limit the Town in the exercise of its function of management and in the direction and supervision of the Town's business. This includes, but is not limited to the right to: add or eliminate departments; require and assign overtime; increase or decrease the number of jobs; change process; contract out work; assign work and work to be performed; schedule shifts and hours to work and lunch or break periods; hire; suspend; demote, discipline, or discharge; transfer or promote; layoff because of lack of work or other legitimate reasons; establish rules, regulations, job descriptions, policies and procedures; conduct orderly operations; establish new jobs; abolish and change existing jobs; determine where, when, how and by whom work will be done; maintain standards of proficiency in police skills ;except where any such rights are specifically modified or abridged by terms of this MOU. ~, Unless an express, specific provision of this MOU clearly provides otherwise, the Town, acting through its Manager and Chief or other appropriate officials strictly adhering to the chain of command as may be authorized to act on their behalf, retains MOU 7/1 /F3814 - 6/30/20112SZ1.2 -----.. Regular Council Meeting -June 15, 2010 -Page 142 of 192 Page 3 of ~ all the rights and prerogatives it had prior to the signing of this MOU either by law, custom, practice, usage or precedent to manage and control the Department. ~~. By way of example but not limitation, management retains the following rights: 1. to determine the mission, budget and policy of the Department; 2. to determine the organization of the Department, the number of employees, the work functions, and the technology of performing them; 3. to determine the numbers, types, and grades of positions or employees assigned to an organizational unit, work project, or to any location, task, vehicle, building, station or facility; 4. to determine the methods, means and personnel by which the Department's operations are to be carried; 5. to manage and direct employees of the Department; 6. to maintain and improve orderly procedures and the efficiency of operations; 7. to hire, promote and assign employees; 8. to transfer, reassign, or detail employees to other shifts or other duties; 9. to determine the equipment to be used and the uniforms to be worn in the performance of duty; 10.to determine the policies affecting the hiring, promotion, and retention of employees; 11.to establish qualifications for ability to perform work in assignments, including physical, intellectual, and mental health qualifications; 12.to lay off employees in accordance with Town policy in the event of lack of work or funds or under conditions .where management believes that continuation of such work would be less efficient, less productive, or less economical; 13.to establish or modify work schedules and shift schedules and the number and selection of employees to be assigned not inconsistent with the provisions of this MOU; 14.to take whatever actions may be necessary to carry out its responsibilities in situations of emergency; 15.to enforce existing rules and regulations for the governance of the Department and to add to or modify such regulations as it deems appropriate subject to fulfilling its meet and confer obligations; MOU 7/1/A8if2 - 6/30/2A1-1-2Q1_2. Regular Council Meeting -June 15, 2010 -Page 143 of 192 Page 4 Of ~ 16.to suspend, demote, discharge, or take other disciplinary action against employees in accordance with Town policy, to require the cooperation of all employees in the performance of this function, and to determine its internal security practices. 17.to spell out the job responsibilities and obligations of employees and to assign duties consistent with an officer's training and ability, regardless of whether the exact duty is listed in a written job description. Op. Management also reserves the right to decide whether, when, and how to exercise its prerogatives, whether or not enumerated in this MOU. Accordingly, the failure to exercise any right shall not be deemed a waiver. It is understood and agreed by the parties hereto that the Town does not have to rely on any memorandum of understanding with its employees as the source of its rights and management prerogatives. s~. This MOU does not purport to spell out the job responsibilities and obligations of the employees covered by this MOU. Job descriptions are not meant to be all-inclusive. Management reserves the right to assign duties consistent with an employee's training and ability, regardless of whether the exact duty is listed in a written job description. ARTICLE 4; ASSOCIATION RIGHTS Section 4-1: Association Rights A. The Association, as the authorized representative, has the exclusive right to serve as the meet and confer representative of all employees in the public safety Employee Group as described in the Ordinance, except as otherwise modified by this MOU. B. Association rII~~~~•~,at~~-a:Representatives 1. The Association may name up to five representatives and shall notify the Chief of such designations in writing. The Association agrees to supply the Department with a current list of elected Officers of the Association and representatives and to keep such lists current. The Department will recognize the elected Officers and representatives after receipt of the written notice. 2. One representative may, when the Association is designated in writing by the employee as the employee's representative, attend mutually scheduled grievance meetings with Department and Town representatives. If the representative is on-duty, this attendance shall be without loss of pay or benefits; however the representative shall obtain permission of the representative's Department supervisor to be absent from assigned duties to attend scheduled grievance meetings. Subject to operational and scheduling factors, this permission shall not be unreasonably withheld. MOU 7/1 /O~iQ - 6/30/2A11-2Q.1.2 Regular Council Meeting -June 15, 2010 -Page 144 of 192 Page 5 of C. Payroll Deduction The Town shall deduct yearly from all 26 Town paychecks of the Association members the regular periodic Association membership dues pursuant to the Town's deduction authorization form duly completed and signed by the employee, and transmit such deductions monthly to the Association no later than the 14t" day following the end of the pay period in which the deduction occurs, along with an alphabetical list of all employees for whom the deductions have been made. Such deduction shall be made only when the Association member's earnings for a pay period are sufficient after other legally required deductions are made. 2. Authorization for membership dues deduction shall remain in effect during the term of this MOU unless revoked in writing by the employee or unless the employee leaves the bargaining unit. The written notification shall be given to both the Town and the Association Treasurer. 3. The Town shall not make any payroll deductions for members on behalf of any other organization that purports to provide benefits similar to those offered by the designated Association (as defined in the Ordinance) during the term of this MOU. 4. The Town shall, at the written request of the Association during the term of this MOU make changes in the amount of dues deduction hereunder for the general membership only if the dues deduction authorization signed by the member specifically authorizes increased deductions, without further notice to the member, upon changes in the amount of dues levied by the Association. 5. If an improper deduction is made, the Association shall refund any such amount directly to the employee within thirty days of notice from the employee. D. Use of Facilities 1. The Town shall provide the Association with space for one bulletin board for its use in communicating with its members at a mutually agreeable location. The Association shall have sole and exclusive use of the bulletin board. 2. The bulletin board shall be used for the following notices: recreational and social affairs of the Association; Association meetings; Association elections; reports of the Executive Board or committees; rulings or policies of the state or national organizations; and legislative enactments and judicial decisions affecting public sector labor relations. 3. All posted materials must be signed or initialed by the management labor liaison. No notice or announcement that contains defamatory statements about the Department or any Department official or employee shall be posted. A copy of all posted material shall be forwarded to the management labor liaison. Any violation of this section shall entitle the Department to immediately revoke the MOU 7/1 /9010 - 6/30/~A-112Q..]..2 Regular Council Meeting -June 15, 2010 -Page 145 of 192 Page 6 of 33~ privilege to use the bulletin board. In the event non-authorized material is posted, it shall be promptly removed on notification by the Department. 4. The Association is authorized to use non-work time to distribute materials to Association members in Department mail boxes. 5. The Town shall permit Association Executive Board Members to use Town electronic communications and inter-office mail systems for grievance and joint Town/Association matters as necessary. A Town e-mail account and Intranet access will be provided to any employee who is an Association Executive Board Member and who does not otherwise have access to the Town's a-mail system and Intranet. The Town's communications system will not be used for recruiting new members. All electronic communications are guided by Town policy concerning electronic communication systems. Use of Town electronic communications for Association purposes authorized under this MOU shall be during off-duty hours. E. Association Leave Pool Hours 1~ A member of the Executive Board of the Association, or a representative, will, with the approval of the Chief, subject to 24 hour notice in advance, be authorized to engage in Association related activities during Town work hours on anon-paid basis, or by using Association Leave Pool Hours. Approval for use of unpaid time or leave pool hours shall be subject to Department operational and scheduling factors and administration control as to usage of such time, but shall not be unreasonably withheld. ~:2~ The Town shall permit the Association to have a leave pool of not to exceed 200 hours per year. The leave pool will consist solely of time deducted from members' vacation leave. The Town will deduct two hours of vacation leave time from all Association employee members. annually, crediting the time to an "Association Leave Pool." This deduction will occur. once annually and the member's vacation balance will be charged when the collection is processed. The maximum accrual of Association pool hours at any time shall not be greater than 500 hours. The annual vacation leave deduction will be adjusted accordingly if the normal two-hour draw would cause the leave bank to exceed 500 hours. The Association agrees to use personal time if the time required exceeds available leave bank hours. ~:~ Paid leave pool time may not be used unless an association paid pool leave time authorization form has been completed prior to the use of the leave. The form shall require the signature of the Association President and the Chief, and shall be submitted to the Chief for approval at least twenty-four hours in advance of the use of the leave. 4 Approval for use of paid time from the leave pool shall be subject to Department operational and scheduling factors. Such approval shall not be unreasonably MOU 7/1/010 - 6/30/28112012 Regular Council Meeting -June 15, 2010 -Page 146 of 192 Page 7 Of withheld. The Department's management labor liaison will charge the bank and periodically report use and balance to the Association President. Leave pool hours may be carried over from year-to-year. Paid leave pool hours shall not be counted as hours worked for the calculation of overtime. ~l-:~, In recognition of the mutual benefit to both the Town and the Association, an employee using Association leave pool time as defined in this MOU to conduct Association business shall be accorded all insurance-related benefits. Approval of claims made for benefits will be determined in the same manner as any other Town employee. fE. At a time established by the Department, the Association will be allowed one hour during the post-academy to talk to and possibly sign new employees into the Association and to explain the rights and benefits under this MOU. JSa. The Association may designate up to three employee members to represent the Association in the Meet and Confer process with the Town. Association employees who are on the Association negotiating team and who are scheduled to work at the time of a negotiation meeting shall be excused from their regular duties without loss of pay for the duration of the meeting. If a negotiating team member is not on-duty during the negotiations, the member will not be paid for the time spent in negotiations. Section 4-2: Employee Rights A. Employees have the right to be represented by the Association and to have a member of the Association present during the grievance meetings described by the grievance process set forth in Article 5, and during any administrative Department interview when the Department.~lh.e_..~i~~ reasonably believes that the interview could result in dismissal, demotion or suspension. An employee is not entitled to representation by the Association during an interview of an employee that is: In the normal course of duty, counseling, or instruction, or an informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or other law enforcement officer. 2. Preliminary questioning to determine the scope of the allegations or if an investigation is necessary. 3. Conducted in the course of a criminal investigation. 4. Conducted in the course of a polygraph examination. B. If an employee requests, representation will be allowed during any administrative Department interview when the Department or the emlZ~ reasonably believes that the interview could result in dismissal, demotion or suspension, whether the interview is conducted as part of an administrative investigation by Internal Affairs or by a Department supervisor who is conducting an administrative investigation. The employee will obtain the most readily available representative. The representative will MOU 7/1 /08iQ - 6/30%2.01 ~-2~?..]..2 Regular Council Meeting -June 15, 2010 -Page 147 of 192 Page $ Of make every reasonable effort to arrive in a timely manner from the time a phone call is made by the employee to the representative. The representative will attend the above interview only as an observer. C. The interview session shall be fora reasonable period of time, taking into consideration the gravity and complexity of the misconduct being investigated. The employee shall be permitted reasonable breaks of limited duration during any interview for telephonic or in person consultation with others, including an attorney, who are immediately available._._._.A~th_e~ I ' _v_~_r_th._,hi~r~.~r~s~n~atiu~~~h~~:~~aplc~c~e~ ~rna~~ls:~~~a~~m~_nt~~~n~~,~tQ~ ~x~~~.~:_.f.:i~~ minutes addressi0~:_.~~ific~~:_a~ts~ ~1lc:~i~,s...that are Cued....t~:Wtk~e._a~nLetY.~e~c. D. An employee may make a written request for a second polygraph examination. If good cause is presented for a second polygraph examination, the Department will arrange for the administration of a second polygraph examination. In no event will more than two polygraph examinations be administered. E. An employee under investigation shall be notified in writing every 30 days as to the current status of the administrative investigation. This notification shall include an estimated date of completion. F. An employee shall on request be allowed to review the employee's Department and Town personnel files in the presence of a management representative. G. No employee shall have any adverse comments entered into the employee's Department or Town personnel files without the employee being informed by the supervisor in writing of the comments. The employee may upon request receive a copy of the adverse comment. An employee may attach rebuttal statements to any material in the employee's Department or Town personnel files that may be adverse in nature. H. If a Department supervisor or Internal Affairs investigator interviews a law enforcement officer and the TewraDeoartment or the emnloyree reasonably believes that the interview could result in dismissal, demotion or suspension, the employee shall be given a written notice informing the employee of the alleged facts that are the ~,iasis of the investigation. the specific nature of the investigation, the officer's status in the investigation, all known allegations of misconduct that are the reason for the interview, and the employee's right to have a representative present at the interview. The notic~_ sh~ll__i,rt~J,u~da...__~Q~~~:f.~~lL~~m~zl.a~n~ =t~.~t_~szntaia.__th~:~~le~~ _f~pts~hat_=~r~__r___ea~~n~bl~r~.. ~tiailab~_~xce~t for ~9~_..~_f:::::~om:pl.~intS_th t invol~~~lat~ex~_,~purs~[tt.~ federal laws under._...._the __.~~arisdiction~s~°,~~~~~ual EmEm I~_._oyment_..__ortunl ~r...._Commission __The employee and/or the Department supervisor/Internal Affairs representative shall each be entitled to mechanically record the interview. Should any mechanical recordings take place, the Department and the employee reserve the right to transcribe any such interview for the purpose of verifying the accuracy of the interview. A copy of the signed and dated notice of investigation shall be given to the employee prior to the beginning of the interview. The employee shall have the MOU 7/1/0810 - 6/30/01-#_ZQ122 Regular Council Meeting -June 15, 2010 -Page 148 of 192 Page 9 of 38 right to retain the notice of investigation for use throughout the entire course of the interview. An employee shall be provided an opportunity to make a telephone call after the issuance of the notice of investigation to obtain a representative. 2. In the event an employee does not record the interview, the employee may request a copy of the investigator's tape(s) if the investigator records the interview. 3. If an employee is told not to speak to anyone regarding an investigation, this admonition shall not apply to speaking with an attorney functioning within the attorney-client relationship, or with a representative. When the investigation is completed, the employee shall be notified in writing of the findings. I. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of an employee under investigation who is being interviewed pursuant to this Article, and shall count as time worked any hours or fractions of hours spent outside the employee's work shift. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of a representative who is attending an interview with an employee pursuant to this Article. J. An employee who receives a written reprimand may request a copy of the official documentation, if any, supporting the written reprimand. K. Employees shall have the right to participate on behalf of or engage in activities on behalf of the Association. Employees shall be free from any interference, restraint, or coercion by any other employee, supervisor, or manager in pursuance of the rights granted under the Ordinance and in this MOU. t_. Em Ig=ovees who are on-duty shall be granted reasonable time to cast a vote in anv Association election. In the case of an Association Board election, the Association will provide an op ortunity for its members to cast a vote ~v ballot at the f~a~ana _~eratiQ,nsT CenterlMOC and the Marana Municipal Com Ip ex (MMC) In the case of a vote for the purnos~ of MOI) ratification. the Association will designate a time and location for the vote In either (;ase, if the vote occurs at a time that falls during a member's working .._.._the__rae r_ma __~tak~__~~as.~nak~l~en-~u ~ e__to_t.caacel~..the___ Qcatien_ .lo.~e,~t to the rlS,....1.QCatiot~ r i n I n~.~ds~~~~~ th~~~r~n~~t~n~~~~h~~_p~~Ji~~.._af_e~_~_cQmrrtu0t~_~~~~~n~~~~~Qrr~r.~ma~~~_ Members v-~.hs~v_ote durina~f_f..-d~~r=.hQ~ax~::_d:c~ so on th:~.i:_r~:Qn.al_tim~_a.nd that tim~~_sh.~.I:L not be consid~~d as_time worked..., ARTICLE 5• GRIEVANCE PROCEDURES• CONFERENCE BOARD MEETINGS The Town and the Association have agreed to these procedures as a means to: A. Ensure all employees fair and equitable treatment; MOU 7/1 /A810 - 6/30/~A~ 1201..2 Regular Council Meeting -June 15, 2010 -Page 149 of 192 Page 10 of ~~ B. Promote harmonious relations among employees, supervisors and managers; C. Encourage the settlement of disagreements informally at the employee-supervisor level; D. Provide an orderly procedure to handle disagreements through the various supervisory levels when necessary; and E. Resolve grievances as quickly as possible. Section 5-1: Non-exclusive Remedv An employee covered under this MOU may choose to exercise rights under this grievance review process or under the Town Personnel Action Review Board (PARB) process, but may not use both processes. Once the employee has elected one (by taking the initial step under the process), that election is irrevocable for that grievance/employee action. Section 5-2: Grievances Unless otherwise stated in this MOU, an employee may file a grievance involving termination, reduction in pay, demotion, suspension without pay, or reduction in pay in lieu of suspension without pay in accordance with the Grievance Procedure Steps set forth in this article. Section 5-3: Employment ........................ ...Actions Not Subject to Grievance The following employment 1~attersactions are not subject to grievance: A. Placement of an employee in, or the content or the structure of, the Town's Classification Plan; B. Placement of an employee in, or the content or structure of, the Town's Salary Plan; C. The content or structure of the Town's benefits programs; D. An employee's performance evaluation; E. Extension of an evaluation period; F. Assignments, transfers or reassignments, including those to or from lead positions or special positions; G. Municipal finance or budgetary issues; and H. Layoffs. MOU 7/1 /0810 - 6/30/®112012 Regular Council Meeting -June 15, 2010 -Page 150 of 192 Page 11 of 33 Section 5-4: Miscellaneous Rules A. Employees who have not completed an initial evaluation period with the Town are not permitted to file a grievance. B. After an issue has been initially presented for review, an employee may not add new allegations at a subsequent step. C. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the employee. D. An employee's failure to file a timely appeal in writing to the next step in the process will constitute a waiver, and the decision shall be final, binding and not subject to further review. Failure by the Chief or the Town to respond to a grievance within the specified time frame will allow the employee to move to the next step in the grievance process. E. Meetings held under these procedures 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. F. No discipline, retaliation, or threats of retaliation shall be taken against any employee, representative, witness or other participant, whether testifying or not, in these grievance procedures by reason of such participation. G. For pay and benefits purposes, time spent by employees in discussions with management or in testifying before the Grievance Review Committee (GRC) is considered time worked, but shall not be used in computation of overtime under the Fair Leber ~tans~.~rds Aci1FLSA~. H. Employment matters subject to review may be resolved or settled at any step in the process. .Such matters will be processed until: (a) the employee does not file a timely appeal (as defined in the steps); or (b) a decision has been made in the final step; or (c) the employee withdraws the grievance. I. All employment decisions (and resulting wage and/or benefit losses flowing from them) are effective when made by the Chief. Upon reversal of the decision at any step in the review process, the employee may recover any wages and/or benefits lost. Section 5-5: Grievance Procedure Steps A. Step One: Appeal to Chief 1. Within ten days of the time the employee receives written notification of an employment matter that is subject to review, the employee must file a request for grievance review with the Town's Human Resources Department on a form provided by the Town. MOU 7/1 /A8_LO - 6/30/2A1120.12 Regular Council Meeting -June 15, 2010 -Page 151 of 192 Page 12 of 33 2. The Chief shall review the issue, attempt to resolve it, and give a written decision to the employee within ten days of having received the employee's request for grievance review from the Town's Human Resources Department. 3. If the issue involves conduct of the shall give the request for grievance proceed as stated in Step Two, below. Chief, the Human Resources Department review to the Town Manager, who shall B. Step Two: Appeal to Town Manager- If the employee is not satisfied with the Chief's decision or if no decision has been rendered within ten days after submission to the Chief, the employee may appeal the decision to the Town Manager. 2. The appeal must be submitted in writing to the Manager within ten days after delivery to the employee of the decision being appealed. 3. The Manager will review the appeal and communicate a decision in writing to all concerned parties within 20 days of the Manager having received the employee's written notice of appeal. C. Step Three: Appeal to the Grievance Review Committee (GRC) 1. If the employee is not satisfied with the Town Manager's decision or if no decision has been rendered within 20 days after submission to the Manager, and provided the employment matter is subject to a Step Three appeal, the employee may appeal the decision to the GRC. 2. Only disciplinary actions taken by the Town that involve termination, reduction in pay, demotion, suspension, or reduction in pay in lieu of suspension without pay are subject to a Step Three appeal to the GRC. 3. An appeal must be submitted in writing to the Human Resources Department within ten days after delivery to the employee of the employment matter being appealed. If the employee fails to submit a written appeal within ten days, the lower action will be automatically affirmed. Section 5-6• Rules of Appeal to the Grievance Review Committee A. Method of Appeal The appeal will be a written statement, addressed to the Grievance Review Committee (GRC) through the Human Resources Department, explaining the employment matter appealed, the action desired, and the reasons for it. The appeal shall also include all previous correspondence concerning the matter. MOU 7/1 /881Q - 6/30/-A-11-_20_12_ Regular Council Meeting -June 15, 2010 -Page 152 of 192 Page 13 of 33~t B. Human Resources Director to Determine Jurisdiction Upon receipt of the written appeal, the Human Resources Director shall confirm that the appeal raises an employment matter subject to review under this MOU. The Human Resources Director's determination may be appealed through the Contract Review Committee Process set forth in this MOU. Upon the Human Resources Director's determination that the appeal raises an employment matter subject to review, the GRC shall request the Town to furnish copies of all correspondence and any part of the appellant's personnel file pertaining to the issue being appealed. C. Notice of Hearing 1. Within 30 calendar days of the Human Resources Director's determination that the appeal raises an employment matter subject to review under this MOU, the GRC shall set a date for a hearing. The chairperson of the GRC shall notify all interested parties of the date, time, duration and place of the hearing. 2. The hearing should take place within 60 days of the Human Resources Director's determination that the appeal raises an employment matter subject to review under this MOU, unless the time is extended by the GRC, or unless the GRC is unable to hear the appeal within that time, or for good cause. In no event shall the hearing take place sooner than 21 calendar days from the date of the hearing notice or later than six months from the date the employee files the appeal. D. Pre-Hearing Exchange of Information Not later than ten days before the hearing, the Town and the employee shall disclose to each other and to the GRC the witnesses each anticipates calling at the hearing; a synopsis of their testimony; and a fist of documents each anticipates presenting to the GRC; and the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives. Witnesses, in their own discretion, may decide whether they wish to be interviewed. 2. Within three days after the Town's receipt of the employee's written request for the investigative file, the Town shall disclose to the employee a complete copy of the investigative file and the names and work addresses of all persons interviewed during the course of the investigation. E. Hearings 1. The employee shall appear personally, unless physically unable to do so, before the GRC at the time and place of the hearing. 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. MOU 7/1 /0~~0 - 6/30/20-1 ~-2Q..1..2 Regular Council Meeting -June 15, 2010 -Page 153 of 192 Page 14 Of 3. The employee may be represented by any person or attorney (other than a GRC Member or a Town employee) who is willing and is not a witness or otherwise involved in the matter. 4. The Town may also be represented by an attorney or other representative acting on the Town's behalf. 5. Except as provided in Section 5-6(J)(3), the parties are individually responsible for their own attorney's fees. 6. The hearing shall take place in executive session unless the employee requests in writing that the hearing take place in open session. 7. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal. However, evidence of relevant past misconduct and/or relevant disciplinary action, if any, shall be admissible. 8. The hearing will be recorded by audio or video recorder, or other mechanical or electronic means. 9. If following the hearing a party requests a copy of the transcript of the hearing, the cost of the copy, including preparation of the transcript, shall be paid by the party or parties ordering them. 10.The employee may submit a written request to the Human Resources Department to withdraw the appeal at any time prior to the decision by the GRC. F. 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 is informal and the technical rules of evidence do not apply; however, the Chairperson will 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 will be final. 3. If the hearing is held in executive session, attendance at the hearing is limited to the employee, the Chief, each party's attorney or representative, the GRC members, staff needed to assist the GRC with any administrative tasks and to carry out its hearing functions, and each witness during his or her testimony. If the hearing is open to the public, witnesses (other than those listed above) shall on the request of either party be directed to remain outside of the hearing room except during their testimony. MOU 7/1 /O~iO - 6/30%201 # 2Q..]..2 ........... Regular Council Meeting -June 15, 2010 -Page 154 of 192 Page 15 of 3~ 4. The Chairperson of GRC 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, the Chairperson of GRC may, by affidavit setting forth the facts, apply to the Superior Court for relief. G. Default Decision If, after receiving proper notice, the employee or the Chief fails to appear at or participate in the hearing within 15 minutes of the time set for the hearing, the GRC may enter a default against the party failing to appear. The GRC may reconsider a default decision upon a party's submission of proof of exigent circumstances within ten calendar days of receipt of the default decision. H. Statements and Questioning of Witnesses 1. The Town or its representative .may make an opening statement. 2. The employee or employee's representative may then make an opening statement. 3. The Town will 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. Except as provided ' herein, a witness may be present in the hearing only during his or her actual testimony. 5. The employee or representative may ask questions after the Town has completed the questioning of each witness. 6. The Town may then ask further questions of the witness limited to those areas raised in the employee°~ or representative's cross -examination of the witness. 7. After the Town's witness testifies and the employee/representative and GRC members have had an opportunity to ask questions, the witness will be dismissed. 8. When all witnesses of the Town have been heard, the 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 employee/representative has completed questioning the witness. The employee/ representative may then ask further questions of the witness limited to those areas raised in the Town's cross =examination of the witness. 9. Rebuttal witnesses may be permitted to testify as the GRC determines appropriate. MOU 7/1 /A~.~..Q - 6/30/911-X0.1.2 Regular Council Meeting -June 15, 2010 -Page 155 of 192 Page 16 of 33 10. GRC members may ask questions of a witness at any time. 11. Each side may call disclosed witnesses who are believed to be relevant. Each party is responsible for securing the attendance of their own witnesses; however, the Town will make Town employees available for the hearing, if timely disclosed and requested. 12. No witnesses or documents will be considered by the GRC that were not disclosed during the pre-hearing exchange of information unless the party can show that the witness or documents are newly discovered, there was prompt disclosure, and the evidence is crucial. In addition, the GRC, 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. 13. After all witnesses have been questioned, first the Town and then the employee, and then the Town may make closing statements. Because the Town has the burden of supporting its decision, it has the right to open and close the argument. I. Submission to the GRC After all evidence has been submitted and closing statements have been made, the parties and their representatives will be excused. The GRC will then deliberate in private. Following deliberation, the GRC will vote in open session and render a decision. The decision shall be based on a majority vote. of the GRC members. The voting shall be by roll call. 2. The only decision the GRC may make is either to uphold or overturn the action of the Town being appealed by the employee. If, after the hearing, the GRC determines that there was just cause for the action taken by the Town, then the action shall be affirmed. J. Findings 1. Within ten days after the conclusion of the hearing, the GRC shall prepare and distribute the GRC's final decision to the employee, the Town Manager, tl~ Human Resources Director and the Chief. 2. If the -GRC overturns the action of the Town, the employee will receive .back payment for wages and benefits, if any, lost as a result of the Town's action. 3. Pursuant to A.R.S. §§ 38-1004(C) and 38-1007, the GRC may award reasonable costs and attorney's fees to the employee, not to exceed $10,000, if the employee was appealing an employment matter involving demotion, dismissal, or a suspension. 4. If necessary, the GRC may set a hearing, no later than ten days from the conclusion of the appeal hearing, to make findings as to the amount of attorney's MOU 7/1/0810 - 6/30/201-1_20_]..2 Regular Council Meeting -June 15, 2010 -Page 156 of 192 Page 17 of 33__1_ fees to award to the employee. An award of attorney's fees shall not be made if the disciplinary action related to off-duty activities unrelated to the required duties of the employee. Section 5-7: Grievance Review Committee A. Composition 1. The Grievance Review Committee (GRC) shall be composed of three members, who shall be residents of Marana. One member of the GRC shall be appointed by the Association, one member of the GRC shall be appointed by the Town Manager, and the third member shall be selected by agreement of the two appointed members. The Chairperson of the Board shall be selected by agreement of the two appointed members. GRC members shall serve terms of one year, which shall automatically held over unless the member is replaced. GRC members may not be Town employees or elected officials. 2. GRC members serve in a voluntary capacity and shall not be compensated nor shall they receive any benefits from the Town for their service on the GRC. B. GRC Attorney The GRC may be assisted by an attorney who is appointed by and paid for by the Town. The GRC Attorney will remain the same through individual cases. The Town and the GRC will be represented by separate attorneys. C. Meetings 1. The GRC meetings shall be arranged by the Human Resources Director when an appeal is filed by an employee. 2. A majority of the members of the GRC shall constitute a quorum for the transaction of business. Any decision of the GRC shall require two affirmative votes. 3. Meetings shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law and such operational rules and procedures as shall be adopted by the GRC. 4. All meetings shall be recorded and accurate minutes shall be approved by the GRC and forwarded to the Town Clerk. D. Final Decision All decisions of the GRC are final and not subject to further review within any Town process. MOU 7/1/98iQ - 6/30%2A1 12412 Regular Council Meeting -June 15, 2010 -Page 157 of 192 Page 18 of ~3 Section 5-~:$; Conference Board; Conference Board Procedures A. It shall be the duty of the parties to exert every reasonable effort to settle all disputes concerning the terms and conditions of this MOU. The parties agree to negotiate in good faith all disputes arising from this MOU. B. Conference Board meetings shall be held upon request of either the Association or the Town. Once a request is made for a meeting, the meeting shall be held within ten days. C. The purpose of these meetings shall be to resolve any dispute or difference in interpretation of this MOU. A maximum of four employee members of Department management and four employee members of the Association shall attend these meetings. D. Arrangements for the meeting shall be mutually agreed upon by all parties. Both the Association and the Town shall notify each other in writing of the subjects they wish to discuss no later than three days in advance of the meeting. E. Upon request of either the Association or the Chief, the Town Manager will be asked to participate. F. If the dispute cannot be resolved to the satisfaction of either-ef the Association or the Town through the Conference Board, either party may request a hearing before the Contract Review Committee. The hearing request shall be submitted to the Human Resources Director within the 45-day period immediately following the first meeting held by the Conference Board. Section 5-9: Contract Review Committee A. Composition 1. The Contract Review Committee (CRC) shall be composed of five members, who shall be three current Town council members and two citizens who shall be residents of Marana. The Town Council members shall be appointed by the ' Mayor and Council, one citizen member shall be appointed by the Town Manager and one citizen member shall be appointed by the Association. The Mayor and Council shall appoint one of the Town ce~rae+f ouncil committee members to serve as chair of the CRC. CRC members shall serve a term of one year will automatically be held over unless replaced. 2. The CRC members serve in a voluntary .capacity and shall not be compensated nor shall they receive any benefits from the Town for their service on the CRC. 3. If a member cannot serve for a full term the original appointing body shall appoint a replacement. MOU 7/1 /A~iO - 6/30/2011~2Q..12 Regular Council Meeting -June 15, 2010 -Page 158 of 192 Page 19 of 33~ 1 B. Purpose The purpose of the CRC shall be to make a recommendation of action to the full Town Council regarding resolution of disputes regarding interpretation of this MOU. C. CRC Attorney The CRC may be assisted by the Town Attorney's Office. D. Meetings 1. The CRC meetings shall be arranged by the Human Resources Director when a request is filed by the Association or the Chief. 2. A majority of the members of the CRC shall constitute a quorum for the transaction of business. Any recommendation of the CRC shall require three affirmative votes. 3. Meetings shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law. 4. All meetings shall be recorded and accurate minutes shall be approved by the CRC and forwarded to the Town Clerk. E. Scheduling The Human Resources Director shall schedule the hearing of the Contract Review Board no later than 30 days following receipt of the request, unless this time limit is waived by mutual .consent of both of the parties. The parties shall submit position papers and supporting documentation to the Human Resources Director at least 15 days in advance of the scheduled hearing. The Human Resources Director shall provide copies of all documentation to the Contract Review Board and the parties at least 7 days in advance of the scheduled hearing. F. CRC Hearing 1. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. The Association may be represented by any member of the Executive Board or employee member of the Association and the Town may be represented by the Chief. 2. Either party may consult with attorneys, but shall not be represented by attorneys at a CRC hearing. The parties are individually responsible for their own attorney's fees. 3. The hearing shall take place in public session and shall be limited to the specific issue of contract dispute. MOU 7/1 /8.10 - 6/30/201-1.20...]...2. Regular Council Meeting -June 15, 2010 -Page 159 of 192 Page 20 of 33 4. The hearing will be recorded by audio or video recorder, or other mechanical or electronic means. 5. If following the hearing a party requests a copy of the transcript of the hearing, the cost of the copy, including preparation of the transcript, shall be paid by the party or parties ordering them. 6. Either party may submit a written request to the Human Resources Department to withdraw the disputed matter at any time prior to the hearing by the CRC. G. General Conduct of the Hearing The Chairperson shall call the hearing to order, and introduce all parties, and ensure equal time is afforded to both parties for presentation of the issues. 2. Each party shall have the opportunity to present its position to the CRC and the preferred recommended solution. 3. The hearing is informal and the technical rules of evidence do not apply; however, the Chairperson will 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 will be final. 4. The hearing is open to the public. H. Statements 1. The party initiating the complaint shall present its position first. 2. Each party shall have an opportunity to present a rebuttal statement. A reasonable time period during the hearing may be granted by the CRC to the parties to prepare a rebuttal statement. 3. Each party shall have an opportunity to make a closing statement. 4. The CRC shall have the opportunity to ask questions of either party. 5. The CRC shall have the option of continuing the hearing to a date certain if the CRC determines it needs additional information to make a recommendation. I. Findings 1. The CRC shall reach a recommendation at the conclusion of the CRC meeting. This recommendation shall be placed on the next available agenda for action by the Town Council. MOU 7/1 /A~1.0. - 6/30/2911-2Q1.2 Regular Council Meeting -June 15, 2010 -Page 160 of 192 Page 21 of 33 2. If the parties reach agreement on a resolution of the disputed item during the CRC process, the agreement will be placed on the next available agenda for action by the Town Council. ARTICLE 6; WAGES AND BENEFITS Section 6-1: Wages A. The Association and the Town will work together to find a fair and reasonable pay scale for all employees, to be incorporated into this MOU. B. Step Pay Plan 1. Sworn personnel and dispatchers covered under this MOU shall be placed on an eight step pay plan that will start from the date of hire. 2. Sergeants shall be placed on a four-step pay plan from the date of promotion from officer. 3. For the purposes of this step plan, the employee's anniversary date shall be the date of the most recent personnel action involving a hire, promotion or demotion. An anniversary date shall not change for a lateral transfer or special assignment. 4. Sworn personnel and dispatchers ref+or ~v inn°~ shall be eligible t~move to the next higher step on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system, except that no molo P, shall advance to a new step n~ d~Q......step increases shall be provided urixag___t.h~ter_r_n of this MOU. 5. Sworn personnel and dispatchers ~°f+°r ~~'^^°` at the top step shall be eligible fora 5% lump sum bonus on the employee's anniversary date based on an evaluation of job performance using the .Town's performance management system, except that no lump sum bonuses shall be provided ~i--Doty-~-; ,. _..~aring the term of this MOU. 6. - ' ~ -te-tkae-eigk~t-step Pay-plan in-~~_-2d~A9-shall-be-ebfe fsr Yltn nnm.~n+ nn-_.,~.,~ °,~.°-~-rrivrvuciv°° vii ah-°v_ YQ~``'`'~f°°.'~'crr i~ ~e~~iFa ~r~~e° ' ~y~ -u~et °+~p pl~~n nn+ },,~.,,^ Div ruvscm't."'rrc°' YdJ~Tts--Ifs-ie~~~~ ~.I "t^~""-:~.'r~_"'_ar-~i~a~....-i'r-~~.'rea°°~~e'~"'°tP4ev ".~~s~p~a~t~Y~c~" e•hnll re~nni~in n I~ ~mn s s who-are-sc~edufed tfl-be-planed on- Step ~ ¢tkae-top-step--of-~#e-pay-plate}-and ~erho- w+41--r-eceia~e_--Ies~-than--a---5°~---add'+ta~---t~--their--ba esuat- e#--tha# --~ ~ ; MOU 7/1 /A~.iO - 6/30/2A1 a-2Q12 Regular Council Meeting -June 15, 2010 -Page 161 of 192 Page 22 of 33 tie-dispat~er's-ar~niversa~y-date ire-actor-daeee-w+th--tfae ~prev+sie . t1~a-s-a~tie-te; provided--#~at-the-dispa#e-he~ rnai~tai~sP-a-pe~fer~ra~e-e-~at+ng--abeve ,~ en--Sep , , .Attachment "A" to this MOU incorporates the step pay plan for sworn personnel and dispatchers covered by this MOU. This step pay plan shall be in place for the duration of this MOU unless modified as provided in Section 6-9i0 of this MOU. C. Open Range Pay Plan Non-sworn employees covered under this MOU, excluding dispatchers, shall be placed on an open-range pay plan. 2. Attachment "B" to this MOU incorporates the open range pay plan for non-sworn personnel, excluding dispatchers, covered by this MOU. 3. Pay increases shall be based on an evaluation of job performance during the month of July using the Town's performance management system, except that no pay increases shall be provided the ex~iratiet~term of this MOU. 4:- , 0 tk~-M®U ~:[~. The Town and the Association agree that when the Town is in a financial position to restore performance-based pay increases, the Town shall conduct a compensation survey on the crime scene specialist classification to determine the appropriate pay range for that classification. The survey will be based on the labor market for classification and compensation comparisons approved by the Town Council on February 19, 2008 by Resolution No. 2008-31. If any increase in compensation for individual crime scene specialist employees is warranted as a result of this survey, such increase shall be effective upon the date that performance-based pay increases are restored. Section 6-2: Specialty Pay A. Any police officer assigned as a Detective in the Criminal Investigations Unit will receive 10% special assignment pay for the duration of the assignment. MOU 7/1 /981Q - 6/30/291-1-2Q12 Regular Council Meeting -June 15, 2010 -Page 162 of 192 Page 2S Of ~~ B. Any patrol officer or dispatcher assigned as a Field Training Officer (FTO) will receive one hour of overtime added to any shift during which the officer or dispatcher is training a new employee. Section 6-3: Officer In Charge (OIC~.; Dispatcher In Charge (DICE A. Police Patrol Officers designated by the Chief as Officer in Charge (OIC) shall receive a 5% increase in pay for the hours worked in an acting first-line supervisory capacity when there is no first-line supervisor working a patrol shift. The Chief shall determine the method for appointing an OIC. B. Dispatchers designated by the Chief as Dispatcher in Charge (DIC) shall receive. a 5% increase in pay for the hours worked in an acting first-line supervisory capacity when there is no first-line supervisor working a dispatch shift. The Chief shall determine the method for appointing a DIC. Section 6-4: Overtime A. For the purposes of this MOU, overtime .shall be defined as all hours worked in excess of 40 hours in the seven-day work period defined by Town policy. B. Overtime may be authorized and required by the Chief when it is in the best interest of the Town. Overtime shall be authorized in advance by the Chief, unless emergency situations preclude advance authorization. C. Overtime compensation for employees shall be computed in accordance with the Fair Labor Standards Act. If overtime is to be paid, it must be recorded and paid, at one and one-half times the regular rate of pay, on the next regular pay day following the conclusion of the pay period in which the overtime was worked. If overtime is to be applied to compensatory time, it must be recorded at one and one-half times the number of hours worked. D. The decision to be paid overtime in cash or to record it as compensatory time shall be at the discretion of the employee. E. Compensatory time shall not accrue beyond 80 hours maximum. F. Accumulated compensatory time shall be paid: When the accrued compensatory time exceeds the maximum. Payment will be for that amount which exceeds the maximum 2. Upon separation for any reason, including death of the employee. 3. When an employee transfers or promotes to a position not eligible for overtime. MOU 7/1 /080 - 6/30/20112Q12 Regular Council Meeting -June 15, 2010 -Page 163 of 192 Page Z4 Of ~~ G. A request for use of compensatory time shall be made in the same manner that a request for vacation leave is made. Section 6-5• Court Overtime A. When court time constitutes overtime, an employee shall be entitled to a minimum of two hours overtime compensation, or the actual number of hours worked, whichever is longer. The employee shall be required to comply with the court attendance verification system prescribed by the Chief. B. For purposes of this Article the term "Court" shall be defined as including Federal District Court, any Superior Court, any municipal court, any county court, Federal, State, and county grand juries, Motor Vehicle Department hearings, and prosecutorial and defense interviews. It is understood that the term "Court" shall not apply to Town administrative hearings including but not limited to arbitration hearings pursuant to the MOU and Town Personnel Action Review Board hearings. Section 6-6: Jury Duty When an employee is called upon to serve as a juror in any court action, the employee will be allowed leave from the+~his/her duties without loss of pay for the time required for this service. Any remuneration received by the employee from the court as payment for jury service shall be turned over to the Town. Section 6-7: Call-out Pav A. When an employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift, to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours overtime each time called out, or the actual overtime worked, whichever is greater. Calculation of the actual hours worked shall begin at the time of the call-out and shall include travel time to and from the place the employee is directed to report to work. B. Travel time shall not apply when an employee is working overtime that is scheduled or planned in advance. Section 6-8: Shift Differential Pay An employee shall receive 90 cents per hour in addition to the employee's base hourly rate of pay when working a shift which falls between 6:00 p.m. (1800 hours) and 6:00 a.m. (0600 hours). Section 6-9: On-Call Assignments; On-Call Pay A. The following assignments shall be eligible for on call pay: Detective, Accident Reconstructionists, SWAT, PIO, Crime Scene Specialists and K-9 units. MOU 7/1 /08~ - 6/30%291-#ZZQ112 Regular Council Meeting -June 15, 2010 -Page 164 of 192 Page 25 of ~~ B. Sworn personnel in eligible assignments shall receive on call pay of $.50 per hour for the hours outside of their normal work week that they are assigned to be on call and available, but not actually working. Hours actually worked outside of the regular work shift shall be compensated as time worked, except as provided otherwise in this MOU. C. The Chief shall determine the length, duration and rotation of on-call assignments. Section 6-10• Wage Re-opener The Association and the Town recognize that it is difficult to predict economic conditions and agree that a wage re-opener may be initiated by either party during the duration of this MOU for each upcoming fiscal year beginning with fiscal year 20-1 A:2Q12~ Either the Association or the Town may request a review of the pay plans included in Attachment "A" and Attachment "B" under this section of the MOU, by providing written notification to the other party by December 15. Written notification shall be directed to the Town Manager if the Association is the initiating party or to the Association Executive Board President, if the Town is the initiating party. Within 30 days of the receipt of the notice, the representatives shall hold an initial meeting and shall conclude all discussions regarding changes to the pay plans by March 15. If the parties cannot agree on proposed changes to the pay plans, the matter shall be referred to the Town Council who will hear recommendations from the Town Manager and the Association in public session. The council may accept, reject or modify proposed changes to the-step pay ~ as part of the budget adoption process for the upcoming fiscal year. Except by mutual agreement, no issues other than these wages shall be discussed during the wage re-opener. ARTICLE 7a HOURS OF WORK/WORKING CONDITIONS Section 7-1: Hours A. The regular hours of work for employees covered by this MOU shalt be 40 hours in a seven-day (Saturday through Friday) work period. B. Employees shall be assigned to work shifts that the Chief determines are best for the Department. Section 7-2: Leaves A. Employees requesting the use of vacation times shall make a written request to their supervisor. The employee's request shall be granted whenever possible. B. Employees requesting the use of accumulated compensatory time shall make a written request to their supervisor. Compensatory time off shall be granted within a reasonable period after making the request, if such time off does not unduly disrupt the operations of the Department. MOU 7/1 /O~.LO - 6/30/2011-24W12 Regular Council Meeting -June 15, 2010 -Page 165 of 192 Page ZG Of 33_.1_. C. If it is necessary to limit the number of employees of any rank on vacation or holiday leave at any time or period of time, then employees with greater seniority within that rank at the Department shall be given priority. D. When an employee's leave request must be denied due to staffing levels, the employee may request permission to trade shifts with any other fully qualified employee of the same rank (if a sworn employee), or of the same classification (civilian employee), subject to the approval of the supervisor(s) of .both employees. When trading shifts, the Town will incur no liability for overtime except for extended shifts. E. Employees who are members of the National Guard or any branch of the Armed Forces may, with the approval of their supervisor, switch days off or use shift trades to accommodate weekend military duty. The shift trade may be with any other fully qualified employee of the same rank (if a sworn employee), or of the same classification (if a civilian employee), subject to the approval of the supervisor(s) of both employees. When trading shifts, the Town will incur no liability for overtime except for extended shifts. Section 7-3: Holidays A. When possible without decreasing the effectiveness of the various municipal services, employees shall be allowed paid holidays as provided below: New Year's Day Martin Luther King's Day Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day B. When a holiday falls on Sunday, it will be observed on the following Monday. When a holiday falls on a Saturday, it will be observed on the preceding Friday. C. Compensation or paid time off when not working a holiday: When a holiday falls on an employee's regularly scheduled day off, the employee will be given 8 or 10 hours compensation for that day depending on the scheduled work day of that employee. MOU 7/1 /080 - 6/30/20-11-20..2 Regular Council Meeting -June 15, 2010 -Page 166 of 192 Page 27 of 33_._~._i... D. Employees covered under this agreement shall be eligible for 16 hours of personal leave each calendar year. Leave does not accrue and must be used within the calendar year. Section 7-4: Payment of Sick Leave at e~t-®r Death Upon the death of an employee the employee's designated beneficiary shall receive 50% pay for sick leave accrued at the employee's established hourly rate. Section 7-5: Uniform Clothing; and Equipment A. A new sworn employee will receive all uniforms and equipment mandated by the Chief. All sworn employees will receive from the Town a uniform and equipment maintenance allowance of $-~-,-~A~?;• 0~ half to be paid in July and half to be paid in January. B. A new non-sworn employee shall receive all equipment and non-sworn uniforms required by the Chief. Anon-sworn employee; who is required to wear specified work attire during the performance of theirhis or her duties; will receive a fiscal year work attire allowance of $ ' 300. half to be paid hin Julv and half to be in January-aed! section 7-6: Return to Work A. Employees covered under this MOU who are unable to temporarily perform the essential functions of their regular position due to awork-related illness or injury or off- =duty illness or injury may be eligible for the Return-to-Work Program upon written certification from a medical care provider. The medical care provider must certify to the Human Resources Director that the employee may return to work with restrictions for the job in question, and that those restrictions are temporary and not expected to last more than 180 days. B. Requests will be evaluated based on the restrictions identified by the physician and the work available that addresses those restrictions. The Town is not obligated to create work in order to provide an alternative work assignment. C. Employees with an on-the-job injury shall be given preference for an alternative work assignment. An employee with an off-duty injury may be required to relinquish his/her alternative work assignment in order to provide an alternative work assignment to an employee with an on-the-job injury, when there is no alternative work assignment available. D. Alternative Work Assignments 1. When an employee is approved for an alternative work assignment primary consideration will be given to job placement within the Department. MOU 7/1 /A81Q - 6/30/0112012 Regular Council Meeting -June 15, 2010 -Page 167 of 192 Page Z8 Of ~ 2. A secondary consideration will be alternative placement into another department, including an assignment that is a lower classification than the employee's normal job assignment; however there shall be no loss in wages for the hours worked in an alternative work assignment. E. An employee participating in the Return-to-Work Program is subject to all rules, regulations, standards, policies and procedures of the Town and the specific department. F. Procedures The procedures for requesting an alternative work assignment shall be established by the Chief in consultation with the Human Resources Director. 2. Procedures will be disseminated and/or otherwise made available electronically to all employees covered under this MOU. Section 7-7: Take .-Home Vehicles A: enapl~-yeesE~.p10~.ees serving in certain "on-call" assignments must be available to respond to call-,-outs quickly and with the proper equipment. In recognition of these goals ,the Town and the Association agree to the following Take =Home Vehicle Program for sworn personnel and c-rame -sse~- spec+afistsCrime_~.c~~_~,_~pecial~i~ts covered under this MOU. 2-: , • ~ eia , 3-: #~ Take 4 gallon--®r-more i~ any-gi-vera_mor~th; as eleterrnir~ed by--tk~e__Taw~'s__+nenthly fe_ael Bost-r-ep€~r-~-~-he-#uel-+ncrease-ser-c-urge--si~oall--be aesessed-ae+a--payrell deduetierez at-~ , MOU 7/1 /98iQ - 6/30/291 ~-2~] 2 Regular Council Meeting -June 15, 2010 -Page 168 of 192 Page 29 of 39 ~: to-par~te-+pate-a isle-~prc~ge•a~ -at-tfieir~~iss~--et+or~:_._ ~: +-~cre~se-eo~aar~e: ~: ~igoed-a- 'B:, Tfr°~'t °n~i +imn crhi°~ Tn,_.°r~vrr"r Y,~_,i~` ~n~r~~e~®t~~T~~n ~nrl +ho Ac~anni~+'nn ~rYron,~~~no-+~hp fnlln~eiinn T~I~o m~e \/~®~,°ovh~n~~~ e P-rsg~'~a~-#~e• ~-: tbe+r-ass~g~~ent: ~: -When officially scheduled in an on-call status, ~~n.~~l__in._the following en-sal~- itiefas~~g.nm~.nt~ shall be eligible for atake-home marked or unmarked vehicle- MOU 7/1/0810 - 6/30/0-1-1-2Q.1.2 Regular Council Meeting -June 15, 2010 - Page~169 of 192 Page 30 of ~3~ _..._. 1 Sworn personnel assigned to the Criminal Investigations Unit (CIU~ 2~ Sworn e~rso_nr]el assigned to the regional S W A T team 3. Sworn personnel assigned to Explosive Ordinance Disposal 4~ ~.uiliar~=.~~_~an~_l::_:~:s~.i~n~~~=Crime Scene ' ba ~~~i.ali~t ~, dditionall~ personnel in the following assignments. whether in an on-call status or nQt}~ be eligible for atake-home marked or unmarked vehicle C-ha~f: 4:: ~. r Sworn personnel assigned to the Motors Unit ~w_ orn nersonnel_~~gaQd to the K-9 Unit. ~, Sworn ersonnel assi ned to Emer enc Mana ement/Homeland Security ~,. Crime Scene Specialist when serving as a back-up to he,,Crime Scene Specialist on-c~l_t. ~. The Chief shall establish the procedures for ~: des -i~ev~r--##ae ^,~,~r°aees: ake-home vehicles. ARTICLE 8; STRIKES AND WORK INTERRUPTION It is understood and agreed that the Association and its members shall not participate in the instigation, organization, leadership, or execution of any strike, work stoppage, slow- down, or other form of concerted work interruption, and further agree to assist, fulfill, and provide the continuing orderly execution of all police services. Any violation of this Article shall be a material breach of this MOU, which may then be immediately terminated by the Town upon written notice to the Association. MOU 7/1 /981Q - 6/30/2e11-x.0.12 Regular Council Meeting -June 15, 2010 -Page 170 of 192 Page 31 of ~ The Association acknowledges that any employee involved in any of the conduct described in this Article is subject to discipline, up to and including termination. ARTICLE 9; MISCELLANEOUS Section 9-1: Saving Clause If any Article or Section of this MOU should be held. invalid by operation of or by final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by any tribunal, the remainder of this MOU shall not be affected thereby; and upon issuance of such final decree, the parties, upon request of either of them, shall meet and confer and endeavor to agree on a substitution provision or that a substitute provision is not to be included. Section 9-2: Seniority Seniority shall be considered in the setting of vacation schedules and shift assignments. Section 9-3: Term and Effect of MOU A. T-I~elhis MOU shall be and remain in full force and effect, following adoption and approval by the Mayor and Council, beginning with the 1st pay period in July;-2098= ~.QaQ through June 30, 291-A.2012. B. , . C~atraot- #~~Termination or expiration of this MOU shall result in immediate cancellation of all provisions contained in this MOU, except for the conditions and processes of re- mmnegotiation, and all such provisions shall remain canceled until a new seflt~-,ast,M_Q~ is ratified with the following exceptions: If negotiations are underway, the terms and conditions of the MOU shall automatically be extended for a period of 90 days or may, by mutual consent of the parties, be extended for a period not to exceed one year. 2. If an election process under the Meet and Confer Ordinance should occur during negotiations and necessitate any delay in negotiations, the terms and conditions of this MOU will automatically be extended for a like period of time. BG. By mutual consent of .the parties, this MOU may be opened at any time for amendment. Any request for amendment shall be in writing and shall contain a detailed statement of the changes desired and reasons for them. The first meeting for negotiating the amendment will be scheduled within a reasonable period of time not to exceed 30 days after mutual consent to reopen. No changes shall be considered other than those directly related to the subject of requested amendments- -arid,An_ amendment to the MOU shall be in writing, signed and adopted by both parties. Such MOU 7/1 /A~1.0 - 6/30/2A-t-1-_201_2 Regular Council Meeting -June 15, 2010 -Page 171 of 192 Page 32 of ~ MOU shall become effective upon adoption and will remain in effect until the amended MOU expires. ~~. This MOU shall be reopened for amendment should there be any reduction by the State of Arizona in those revenues currently shared by the State with cities and towns within the State. ~E. If any section or provision of this MOU violates existing Federal, State, or Town law, then such law shall supersede such provisions or sections. IF. The lawful provisions of this MOU are binding upon the parties for the term of this MOU. d~. This MOU constitutes the total and entire agreement between the parties and no verbal statement shall supersede any of its provisions. ~. The Town's rules and regulations, administrative directives, departmental rules and regulations, and work place practices shall govern employee relations unless there is a specific conflict with this MOU approved by the Town Council pursuant to the Ordinance. Where a specific conflict exists, this MOU shall govern. [Signature page follows] MOU 7/1 /A~.~O - 6/30/201 ~2Qt2 Regular Council Meeting -June 15, 2010 -Page 172 of 192 Page 33 of 3331 A:PP f34Y ~ ~::::AN:~::~A~?Q~I F..,~~= I~1C.:~ THF:..~__I:AY.Q:R =_A_N ~~~~~1~ ly C1LvQ:F ~_TH ~~ ~IS2~1__~~_. OEMARALJ~ ARIZONA.. Mavor Ed Honea IN WITNESS WHEREOF, the authorized representatives of the parties have affixed their signatures below. acknowledging ~anroval and adoration of this MOU b; Mavor and Council of the Town of Marana. Arizona. TOWN OF MARANA MARANA POLICE OFFICERS' ASSOCIATION Gilbert Davidson, Town Manager Dated: n.....,.,+,,.~ t,..• A,~ay~3r--Ed-1=49riea ~Ba-ted: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: ~~I-DexfesMario Williams, President Dated: Frank Cassidy, Town Attorney MOU 7/1 /0810 - 6/30/2e1-12.0.12 Regular Council Meeting -June 15, 2010 -Page 173 of 192 Page 34 of 33~ Document comparison by Workshare Professional on Monday, June 07, 2010 3:59:24 PM nput: ile://C:/Documents and Settings/fcassidy/My Document 1 ID Documents/Original MPOA MOU 7-1-08 through 6-30-10 (00021069-2).DOC Description Original MPOA MOU 7-1-08 through 6-30-10 (00021069- 2) file://C:/Documents and Settings/fcassidy/My Document 2 ID Documents/Town's Proposed MPOA MOU 7-1-10 through 6-30-13 (00021070-8).DOC Description Town's Proposed MPOA MOU 7-1-10 through 6-30-13 (00021070-8) Rendering set standard Legend: Insertion 1r~~leten... 13+I®~e~r- Moved tp._ Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 139 Deletions 135 Moved from 3 Moved to 3 Style change 0 Format changed 0 Total changes 280 Regular Council Meeting -June 15, 2010 -Page 174 of 192 MARANA POLICE OFFICER'S ASSOCIATION PROPOSAL TO MARANA TOWN COUNCIL CONCERNING THE MEMORANDUM OF UNDERSTANDING Deletions shown with °°*~~sand additions shown with double underlining. Article 3; MANAGEMENT RIGHTS, Section 3-l: Management Rights; modifyin;; (or addin to Section 3-I of the MOU is proposed as follows: A. It is agreed by the Town and the Association that the Town is morally obligated to provide eauality of opportunity, consideration and treatment of all employees and to establish olicies and regulations that will insure such eauality of opportunity. consideration and treatment of all members employed by the department in all phases of the employment process. B. Nothing is this MOU.... Article 4; Association Rights, Section 4-1: Association Rights; modifying (or adding to) Section 4-1 of the MOU is proposed as follows: A. The Association has the right to know, and be advised of by the Town or Department. of forecasted changes to policies or working conditions. B. The Association, as the authorized... Article 4; Association Rights, Section 4-2: Employee Rights; modifyin (or adding to) Section 4-2 of the MOU is proposed as follows: A. Employees have the right to be represented by the Association and to have a member of the Association present during the grievance meetings as described by the grievance process set forth in Article 5, and during any administrative Department interview when the Department or the employee reasonably believes that the interview could result in dismissal, demotion or suspension. Employees also have the right to be notified of a complaint or allegation of misconduct within 24 hrs. of such an allegation. Such a notice must include the nature of the complaint. An employee is not entitled to representation by the Association during an interview of an employee that is: 1. In the normal course of duty, counseling, or instruction, or an informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or other law enforcement officer. 2. Preliminary questioning to determine the scope of the allegations or if an investigation is necessary. 3. Conducted in the course of a criminal investigation. 4. Conducted in the course of a polygraph examination. Regular Council Meeting -June 15, 2010 -Page 175 of 192 B. No interview shall begin until the emnlovee has been notified that he or she has the right to have legal counsel or a representative present. The emnlovee under questioning shall be informed prior to such interview of the name of the person in charge of the interview. the interviewers. and all persons present during the interview. If an employee requests, representation will be allowed during any administrative Department interview when the Department or the emnlovee reasonably believes that the interview could result in dismissal, demotion or suspension, whether the interview is conducted as part of an administrative investigation by Internal Affairs or by a Department supervisor who is conducting an administrative investigation. The employee will obtain the most readily available representative. The representative will make every reasonable effort to arrive in a timely manner from the time a phone call is made by the employee to the representative. The representative will attend the above interview only as an observer. C. The interview session shall be for a reasonable period of time, taking into consideration the gravity and complexity of the alleged misconduct being investigated. The interview session shall also be conducted in a reasonable manner. The employee shall be permitted reasonable breaks of limited duration during any interview for telephonic or in person consultation with others, including an attorney, who are immediately available. At the conclusion of the interview. the emnlovee may consult with his or her representative and the emnlovee or representative may make a statement not to exceed five minutes addressing specific facts or policies that are related to the interview. D. An employee may make a written request for a second polygraph examination. If good cause is presented for a second polygraph examination, the Department will arrange for the administration of a second polygraph examination. In no event will more than two polygraph examinations be administered. E. An employee under investigation shall be notified in writing every 30 days as to the current status of the administrative investigation. This notification shall include an estimated date of completion. F. An employee shall on request be allowed to review the employee's Department and Town personnel files in the presence of a management representative. G. No employee shall have any adverse comments entered into the employee's Department or Town personnel files without the employee being informed by the supervisor in writing of the comments. The employee may upon request receive a copy of the adverse comment. An employee may attach rebuttal statements to any material in the employee's Department or Town personnel files that may be adverse in nature. H. If a Department supervisor or Internal Affairs investigator interviews an -law °~~ r^°~°„* ^~'~^°r °mplovee and the rDepartment or emnlovee reasonably believes that the interview could result in dismissal, demotion or suspension, the employee shall be given written notice informing the employee of the alleged facts that are the basis of the investigation, the specific nature of the investigation, the emplovee's status in the investigation, all known allegations of misconduct that are the Regular Council Meeting -June 15, 2010 -Page 176 of 192 reason for the interview, and the employee's right to have a representative present at the interview. The notice shall include conies of all complaints that contain the alleged facts that are reasonably available. except for conies of complaints that involve matters pursuant to federal laws under the iurisdiction of the Eaual Employment Opportunity Commission. The employee and/or the Department supervisor/Internal Affairs representative shall each be entitled to mechanically record the interview. Should any mechanical recordings take place, the Department and the employee reserve the right to transcribe any such interview for the purpose of verifying the accuracy of the interview. A copy of the signed and dated notice of the investigation shall be given to the employee prior to the beginning of the interview. The employee shall have the right to retain the notice of investigation for use *'~*~'° ".'ice for his or her records. An employee shall be provided an opportunity to make a telephone call after the issuance of the notice of investigation to obtain a representative. 2. In the event an employee does not record the interview, the employee may request a copy of the investigator's tape(s) if the investigator records the interview. 3. If an employee is told not to speak to anyone regarding an investigation, this admonition shall not apply to speaking with an attorney functioning within the attorney-client relationship, or with a representative. The supervisor/Internal Affairs investigator shall question a representative concerning the statements made by the employee to the representative concerning the investigation. The supervisor/Internal Affairs investigator shall also maintain strict confiden__tiality concerning the emalovee and matter(s) under investi>ation. When the investigation is completed, the employee the employee shall be notified in writing of the findings within five days of the completion of the investigation. I. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of an employee under investigation who is being interviewed pursuant to this Article, and shall count as time worked any hours or fractions of hours spent outside the employee's work shift. The Town shall count as time worked any hours or fractions of hours spent within the regular work shift of a representative who is attending an interview with an employee pursuant to this Article. J. An employee who receives a written reprimand may request a copy of the official documentation, if any, supporting the written reprimand. K. Employees shall have the right to participate on behalf of or engage in activities on behalf of the Association. Employees shall be free from any interference, restraint, or coercion by any other employee, supervisor, or manager in pursuance of the rights granted under the Ordinance and this MOU. L. In those instances where a memorandum or written statement. other than a report or witness statement. is required by mana>?ement: the employee will be provided with a Regular Council Meeting -June 15, 2010 -Page 177 of 192 written notice of the allegations made against him or her, by whom, and the specific questions that the investigators desire answered. The emplovee shall have at least 72 hours from the time of the order to comply. M. Emplovees accused of violating criminal codes or ordinances shall be entitled to their full rights under the federal and state constitutions. No member shall be disciplined. discriminated against or transferred because he or she exercises anv of h_is_ or her constitutional rights. N. In no event shall anv recommendations or actions resulting from such interrogation or investigation lead to anv discipline outside or inconsistent with anv discipline procedures or discipline matters currently utilized by the Department. Further. no emplovee after he or she has once been disciplined shall be re-disciplined for any reason for any matters arising out of the same set of facts and circumstances surrounding the first discipline. O. No finding of conduct unbecoming will be sustained unless the investigating entity proves that the conduct actually impaired department efficiency or caused disrepute. Misconduct is hereby defined as behavior which evidences (11 wanton and willful disregard of the employer's interest. (21 deliberate violation of policies and procedures. 31 negligence which manifests culpability. wrongful intent. evil design. or intentional and substantial disregard of the employer's interests or of the employee's duties and obligations. P. Anv emplovee required to undergo a fitness for duty evaluation will be provided a copy of the full report, at no cost. within five days of the evaluation. O. No emplovee shall be compelled to use his or her privately owned vehicle for any department aurnose. R. Emplovees who are on-duty shall be granted reasonable time to cast a vote in any Association election. In the case of an Association Board election ,the Association will provide an opportunity for its members to cast a vote by ballot at the Marana Operations Center (MOCI and the Marana Municipal Complex (MMCI. In the case of a vote for the purpose of MOU ratification .the Association will designate a time and location for the vote. In either case. if the vote occurs at a time that falls d_ uring a member's working hours, the member may take reasonable on-duty time to travel to the voting location closest to the member's work location and cast his/her vote so long as the operational needs of the Department and the public safety of the community are not compromised. Members who vote during off-duty hours do so on their own personal time and that time shall not be considered as time worked. Article 5; Grievance Procedures, Section 5-2: Grievances; modifying (or adding to) Section 5-2 of the MOU is proposed as follows: Regular Council Meeting -June 15, 2010 -Page 178 of 192 Unless otherwise stated in this MOU, an employee may file a grievance involving termination, reduction in pay, .demotion, suspension without pay, e~reduction in pay in lieu of suspension without pay, Letters of Reprimand, violations of the MOU, disputes in concernine the interpretation of the MOU. violations of Town or Department policies. or performance evaluations in accordance with the Grievance Procedure Steps set forth in this article. Article 5; Grievance Procedures, Section 5-3: Employment Matters Not Subject to Grievance; modif~ng (or adding toy Section 5-3 of the MOU is proposed as follows: The following employment matters are not subject of grievance: A. Placement of an employee in, or the content or structure of, the Town's Classification Plan; B. Placement of an employee in, or the content or structure of, the Town's Salary Plan; C. The content or structure of the Town's benefits programs; D. Extension of an evaluation period; E. Assignments, transfers or reassignments, including those to or from lead positions or special positions; F. Municipal finance or budgetary issues; and G. Layoffs. Article 5; Grievance Procedure, Section 5-5; Grievance Procedure Stems modifying (or addin to Section 5-5 of the MOU is proposed as follows: All new language for Section 5-5. Strike all old. A. Every employee shall have the right to present grievances in accordance with the procedure provided herein. The employee shall have ten days from the date of the incident or issue to file a >?rievance. B. The informal resolution of differences or erievances is encouraged at the lowest possible level.. C. Supervisors and/or manaeers at each level shall consider promptly all grievances presented to them and. within seven days at each level. D. Grievances involvin:? suspension, demotion, or termination shall be processed accordine to the procedure be~innin~ with Section F contained herein. E. All other grievances shall be processed according to the following procedure: i. Oral to First or Second Line Supervisor. ii. Written to First Line Supervisor. Regular Council Meeting -June 15, 2010 -Page 179 of 192 iii. Written to the Office of the Chief E. Appeal to the Town Manager 1. If the emnlovee is not satisfied with the Chief's decision or if no decision has been rendered within ten davs after submission to the Chief, the emnlovee may appeal the decision to the Town Manaeer. 2. The appeal must be submitted in writing to the Manager within ten davs after the delivery to the emnlovee of the decision being appealed. 3. The Manager will review the appeal and communicate a decision in writing to all concerned parties within 10 davs of the Manager having received the employee's written notice of appeal. F. Appeal to the Grievance Review Committee 1. To reauest formal appeal to the Grievance Review Committee (GRCI the employee must file a written appeal with the Human Resources Director within ten davs after the em lovee's receipt of a written notice of the Manager's decision. 2. The appeal shall be on a form provided by the Human Resources Department. 3. Upon receipt of the employee's written appeal of a disciplinary decision that is subiect to formal anneal. 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 GRC Chair person. 4. If the Human Resources Director determines that the employment matter is not subiect to formal anneal under this MOU. the Director shall so inform the emnlovee in writing within five business davs of receivinii the employee's reauest for appeal. 5. Within 20 davs of the Human Resources Director's receipt of the employee's written a peal. the GRC. or the Human Resources Director in coniunction with the GRC Chairnerson. shall set a date for a hearing. 6. The hearin:? should take place within 60 business davs of the Human Resources Director's receipt of the employee's written appeal. unless the time is extended by the GRC. or unless the GRC is unable to hear the appeal within that time. or for other good cause. 7. In no event shall the hearing take place later than six months from the date the Human Resources Director receives the employee's written appeal. 8. 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 and attend. Regular Council Meeting -June 15, 2010 -Page 180 of 192 .Article 5; Grievance Procedure, Section 5-6; Rules of Appeal to the Grievance Review Committee modifying (or addin>; toy Section 5-6 E 3 of the MOU is proposed as follows: E. Hearings 3. The employee may be represented by any person or representative. er--~te~e3` (other than a GRC Member or a Town employee) who is willing and is not a witness or otherwise involved in the matter. The emplovee may be represented by an attornev in matters involving termination. suspension. or demotion. In cases other than those involving termination. suspension. or demotion the Town will be represented by a su ervisor, mana:?er. or member of the Human Resources Department. Article 5; Grievance Procedure, Section 5-7; Grievance Review Committee modi , in (or adding toy Section 5-7 B of the MOU is proposed as follows: B. GRC Attorney The GRC may be assisted by an attorney. in cases involving the termination. demotion. or suspension of an emplovee. who is appointed by and paid for by the Town. The GRC Attorney will remain the same through individual cases. The Town and the GRC will be represented by separate attorneys in cases involving the termination, demotion or suspension of an emplovee. Article 5; Grievance Procedure, Section 5-7; Grievance Review Committee modi in (or adding, tot Section 5-7 C 2of the MOU is proposed as follows: C. Meetings 2. ~--~.}e~t~y All members of the GRC shall constitute a quorum for the transaction of business. Any decision of the GRC shall require two affirmative votes. Article 6; Wages and Benefits; Section 6-1: Wages. Section 6-1 of the MOU shall be amended as follows, with deletions shown with °*~ and additions shown with double underlininsi: A. The Association and the Town will work together to find a fair and reasonable pay scale for all employees, to be incorporated into this MOU. B. Step Pay Plan 1. Sworn personnel and dispatchers covered under this MOU shall be placed on an eight step pay plan that will start from the date of hire. 2. Sergeants shall be placed on a four-step pay plan from the date of promotion from officer. 3. For the purposes of this step plan, the employee's anniversary date shall be the date of the most recent personnel action involving a hire, promotion or demotion. An anniversary date shall not change for a lateral transfer or special assignment. Regular Council Meeting -June 15, 2010 -Page 181 of 192 4. Sworn personnel and dispatchers (after FY 2009) shall be eligible to move to the next higher step on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system, except that no employee shall advance to a new step. and no step increase shall be provided beginning July 1, 2009 through January 1. 2013 +ho ovnir~}inn of }hie I\d(ll I_ 5. Sworn personnel and dispatchers (after FY 2009) at the top step shall be eligible fora 5% lump sum bonus on the employee's anniversary date based on an evaluation of job performance using the Town's performance management system, except that no lump sum bonuses shall be provided beginning July 1, 2009 through January 1. 2013 *~ eT^ir°°+i~n-azrvrr^vTCri~~ ;. 6. The Town and the Association aoree that the Town, prior to Julv 2012. shall conduct a compensation survey of sworn personnel and dispatchers to determine the appropriate pay ranae for those classifications. The survey will be based on the labor market for classification and compensation for these employees is warranted as a result of this survey. such increase shall be effective Julv 2012. The amount of the increase will be based on the Town's ability to pay. inn + n }h ~cinh~ ~er~ n~re o o;~ r+~" nlnn in Cy znn~ ~h~ll he ~ ~ tt -- p i~e fnr nl~nemen+ nn .~ ~}env,+h.~} n el i ~ rn~iirlo~ nn} lace +h ~n ~ ~".°% ~nn~ ~~I g ' vn ~ nln~~ee ~i~~ ve~ ~ ~eave ' i° h~~orl nn ~a ~n c~i.~l~ ~~}inn of r cr i - - ? inh n~'n rrv»nne ~ ~~inrr }ho ~~~in'~ n ~ ~ e~rrv~~~p , n~ nerr~er~ 1A/ho o }hn ~ nlnn } re~~ ~I}~ in le r ~ep te e ,, i hen ~ G°% ~nn~ ~~ ~~I in co }ho c~ea ~,-~a,~-,,,- ~ ~~,~~ p~ r ~~- ~~~r~+~~~+ I~ ~mn c~ ~m ~ mm~~ ~n} fnr ~,~„~ rt~~ne~nc aT`~A~' nrv~nlnvec`e ~nnivor~~ni rl~}o n~ ~r' I nnn~ioreinn ~} ~ }n }ho ~ } ice} in e~~ e ~ CV '~(1(1Q_7!1(1~ ~ur ~ ltQr-vvrrvcrvrvr rcv--crn~ ~rr~ s ~- ~t -rz ov~cvv~ 0 ~~ 'I} of }h.~} nl~nc -' r° v' i nl~~~py ~p~p rv+n~ie }n C}en Q effe n}i~io a-- c a r ~ ~'~~~~~~- '~' 12 nrn~iirl~ ~ }h-+} }ho.•77~i J""''i~~c.`"'n~~~``}''nhcr h.~~ ~ ~n}icfnn}nni inh "!.' ~_ , ~fnrm~nno r~}inn D ~~}i~+f nc ~n}nni inh n ~nrm~nno ro}in n is rlofinor) ~c ~ ~ ~v ro}inn .~hn..e }ho "Plno~ A ln~~c }}° '~ ipannie ~ in }ho Tn~~in'c Dorf Anne n~rr } w err~ AAa err+ep c~ ~} Th em o `h~l~nne }he rr~eri} innro~co -~r ~ ~ „ag ,~t ~„ ~~ ~n.~ll ho ~ui~rrl~ ' n ifvr m of .~ li ~mn ~i ~m ~mn~ ~n} nn }ho r1i~nA+~GT~ -~ r -rttil ~ni ni r!~}o in ~nnnrrl~ nne .iii}h } he nrnvi~inne nn n}ninerl in }hie ~~~p ~inle r+rn~iirlorl }hn} }ha rlien~ }nher m~in} ~in~ ~ norfnrm~n ne r~}inn ~hn~io i Regular Council Meeting -June 15, 2010 -Page 182 of 192 ti-~~~vc°v ~I~~vi°c°+c~6ate~vn~~ct~f~e~l-v°c-Y'~ie~ver Q, ~nnS2 ~niJ +h° rlien.~+nh°r'e ~nni~i°re~ni rl ~+° ~__ ~. Attachment "A" to this MOU incorporates the step pay plan for sworn personnel and dispatchers covered by this MOU. This step pay plan shall be in place for the duration of this MOU unless modified as provided in Section 6-9 of this MOU. C. Open Range Pay Plan Non-sworn employees covered under this MOU, excluding dispatchers, shall be placed on an open-range pay plan. 2. Attachment "B" to this MOU incorporates the open range pay plan for non- sworn personnel, excluding dispatchers, covered by this MOU. 3. Pay increases shall be based on an evaluation of job performance during the month of July using the Town's performance management system, except that no pay increases shall be provided beginning July 1, 2009 through July 1. 2012 as provided for in the next paragraph +"° °~^ir°+inr, e#~+e-~AB~. 4 Cnr fi~n~+l v°~+r ~nno nnr,_~~anrn n°r~nnn °I °vnl~ ~rlinn r licn~+nh°r~ rr»~i h° r t f °linihl° fnr n ~~i.en° ir~nr°~~° of ~ ~n +n C,0% °{{°n+i~i° +h° fi r~+ f~ III r»~i n°rinrl sn e~ ~ r e~ u+inn of inh r~ ~nrm~nn° °vn°r~+ ~,-Crtitlfi-ptl' d~e J ~- ~ll h° nrn~iirl~ h h t " n ~n ^ painninn 1~ ~I~i 1 ')nnQ +h rn~ ~nh fh° ~ ~ 'r~~~~~ r ri°T crT-ir v~ `"'~~ r ~- 4. The Town and the Association agree that men +"° -r^,.,^ i° in fin~nni~l r~nei+inn +n r°~+nr° r°rfnrm.~nn°_h~~°rl r»v innr°~c°c the Town, prior to Julv 2012. shall conduct a compensation survey o ; +h~-^~.~ of bargaining unit employees who are not in a step pav plan. to include the dispatch supervisor, to determine the appropriate pay range for classifications. The survey will be based on the labor market for classification and compensation comparisons approved by the Town Council on February 19, 2008 by Resolution No. 2008-31. If„-a;~~ ;~ea~~ss~pen~at+en fnr in~li„ii-li ~~I nr_irr+° ~n°n° ~e6tQlivrTp°ccaiv ~~ "r.un=arrie~ 'ur-u-r°cvaTt~-~-t1$~ ~~ r. i°. i ~ ~ ~ nh i n nr° ~ c° ch.~ll he °fF°n+iv° ~ ~r~nn +h° iJ~+° +h~+ r+°rfnrrv~.~nn°_h~~°iJ nw ir~nr°~~°~ ~±r° r°~+,~~ The results of the surVev will be ~ncoraorated into an eight step pav plan for non-supervisors and a four step pav clan for supervisors. Implementation of this new step pav plan shall be January 2013. Employees converting to a step pav plan in FY 2013 shall be eligible for placement on a step that provides not less than a 5% annual increase on the employee's anniversary date based on an evaluation of iob performance using the Town's performance management system. Where Regular Council Meeting -June 15, 2010 -Page 183 of 192 the step placement results in less than a 5% annual increase. the dispatcher shall receive a lump sum amount for the difference on the employee's anniversarv date. Durina the initial conversion to the step svstem in FY 2013-2014. employees who are scheduled to be placed on Step 8 (the top step of the pay plan) and who will receive less than a 5% addition to their base pay as a result of that placement shall be eliaible to move to Step 8 effective September 13. 2013, provided that the emplovee has a satisfactory iob performance ratina. A satisfactory iob performance ratina is defined as any ratina above the "Does Not Meet" cateaorv contained in the Town's Performance Manaaement svstem. The balance of the merit increase afforded to employees who are placed on Step 8 on September 13. 2013 shall be awarded in the form of a lump sum amount on the employee's anniversarv date in accordance with the provisions contained in this article. provided that the emplovee maintains a performance ratina above the "Does Not Meet" cateaorv between September 8. 2013 and the employee's anniversarv date. E. Occasionally. a payroll error will occur reaardina an employee's waaes. If an emplovee becomes aware of a payroll error. either an overpavment or an underpayment of waaes. the emplovee shall provide written notice to the employee's supervisor and to the Town's Finance Department as soon as the emplovee becomes aware of the error. Likewise. the Finance Department shall provide written notice to an emplovee of a payroll error as soon as the Finance Department becomes aware of the error. Once an error has been discovered, the Finance Department will initiate a correction as follows: 1. If the emplovee has been underpaid due to an error made by the Finance Department. the Finance Department will run a special payroll within 2 days of the date that the Finance Department becomes aware of the error. 2. If the emplovee has been underpaid due to an error made by the emplovee or the Department payroll liaison. the Finance Department will make the appropriate adjustment in aav at the next reaular pay cycle. 3. If the emplovee has been overpaid due to an error made by the emplovee. the Department payroll liaison or the Finance Department. the emplovee will be reauired to reimburse the Town for the overpavment. The Finance Department will make every effort to establish a repayment schedule that meets the Finance Department's responsibility to recoup public funds in a timely manner and incorporates consideration for the employee's ability to repay. Regular Council Meeting -June 15, 2010 -Page 184 of 192 Article 7; Hours of Work/Working Conditions, Section 7-2; Leaves modify~ (or adding toy Section 7-2 F of the MOU is proposed as follows: F. Emnlovees shall receive up to three davs bereavement leave for the death of an immediate family member as defined by the Town's Personnel Policies and Procedures. If travel outside the state is required. employees may be granted up to two additional davs of bereavement leave at the discretion of the Chief or designee. Emnlovees may request to use any available paid leave balances for additional time off as necessary. Emnlovees shall submit reauests for bereavement leave to their supervisor as soon as the need for leave arises or as soon as possible thereafter. Supervisors shall approve reauests for bereavement leave in the absence of unusual Town operational requirements. Article 7; Hours of Work/Working Conditions, Section 7-6; Return to Work modi ing for adding toy Section 7-6 A of the MOU is proposed as follows: A. Employees covered under this MOU who are unable to temporarily perform the essential functions of their regular position due to awork-related illness or injury er-e€~ a„~., ;n~e , ~o o~;,~:~.~o r^,. ~~o ~o*,,..~ +„ ~,~~,,,.,, D..,,,...,,,,, granted a position in the Return-to-Work Program upon written certification from a medical care provider. Emnlovees iniured in an off-duty activity or suffering from an off-duty contracted illness may be eligible for the Return-to-Work Program. Article 9; Miscellaneous, Section 9-2; Seniority modifying (or adding to) Section 9-2of the MOU is proposed as follows: Section 9-2: Seniority Se~ie~y-s#a1J be~~~-in-t#~~etf f .,,,.,+,,,., ~,.~e,,,,lo~ ~.,,~ ~hc~+ A. Sworn employees with the areatest amount of seniority within their assianed unit shall have preference when selectina shift assianments and schedulina vacation and other davs off. B. For purposes of this section. seniority within an assianed unit is defined as total lenath of service within a unit. without reaard to total lenath of service within the Department or the Town. Therefore. by way of example and not by limitation. an employee with two years of Department service all of which is served in the Motors unit shall have schedulina preference over an employee with three years of Department service and only one year in the Motors Unit. C. For purposes of this section. seniority for Patrol shall be defined as time in grade with the Town. Therefore. by way of example and not by limitation. an employee who transfers from Patrol to Motors and then returns to Patrol at the end off assianment will not loose time spent in Motors. for seniority purposes. because such an employee chapped assianment and not arade I.e. such an em lovee remained an officer. Regular Council Meeting -June 15, 2010 -Page 185 of 192 D. Sworn employees who leave the service of the Department and who, within one year from their last day worked. return to the Department as a probationary/regular employee. shall receive credit for purposes of determining seniority for all time previously served in each unit. E. Extra Dutv scheduling shall by the following process: At the beginning of each month each employee interested in extra duty shall submit, to the Department coordinator. their names and contact phone number along with their current shift assignment. days off. dates and times they're available to work. From this information the coordinator shall develop a list of the available employees for extra duty. Each day in a month shall have a list of available employees starting with the most senior first and the ending with the most iunior. When an extra duty assignment becomes available the coordinator will attempt to fill the assignment by contacting the available employees on the list for the day of the assignment. The coordinator will attempt to fill the assignment by following the list of seniority. The coordinator is only reauired to make one attempt to reach an employee on the list. After such an attempt the coordinator may continue on the list to the next senior employee on the list. The coordinator is not reauired to follow the seniority list in the event that a customer s ecifically reauests an employee or reauests that a specific employee not be assigned. F. In the event of a restructuring of the Department or a reduction in force which results in a Department employee being demoted and such restructuring or reductions impact lower classifications then the end of such a process will be with the employee with the lest Departmental seniority. Article 9; Miscellaneous, Section 9-3; Term and Effect of MOU modifyin~ (or adding to Section 9-3 G of the MOU is proposed as follows: Town proposal changes this to Section 9-4 G. This MOU shall be reopened for amendment should there be any reduction or any increase by the State of Arizona in those revenues currently shared by the State with cities and towns within the State. Article 9; Miscellaneous, Section 9-3; Initial Evaluation Period (under the Town's suggested chan~,e) modify (or adding toy Section 9-3 of the MOU is proposed as follows: A. The initial evaluation period for newly hired police officers shall be 12 months from the date of graduation from the academy. B. The initial evaluation period for sworn employees who laterally transfer to a like position in the Town from another public safety law enforcement agency shall be 12 months from the date of hire. Regular Council Meeting -June 15, 2010 -Page 186 of 192 C. The initial evaluation period for all other classifications covered in this MOU shall be 12 months from date of hire or promotion. D. Employees shall be evaluated using the Town's performance mana>?ement system at least one time during the initial evaluation neriod. The written evaluation shall be provided to the employee at least 14 calendar davs prior to the last day of the initial evaluation neriod. E. The initial evaluation neriod may be extended. in accordance with Town Personnel Policies and Procedures. However. if an initial evaluation period is extended because an employee's performance is not satisfactory. the employee shall receive written notice of the extension no later than 14 calendar davs prior to the last day of the initial evaluation period. Regular Council Meeting -June 15, 2010 -Page 187 of 192 --,~~`~ MARANA `w "/I\ TOWN OF MARANA ADMINISTR/U'IVE SERVICES June 1, 2010 Mario Williams, President Marana Police Officer's Association P.O. Box 104 Cortaro, AZ 85b52 Re: Meet & Confer - Declaration of impasse Dear Mario: This letter acknowledges the MPOA's action to declare impasse on May 25, 2010 regarding the Meet & Confer process. The Marana Town Code, Section 4-1-8(F)(5), describes the following procedure regarding impasse: The parties shall negotiate in good faith until an agreement is reached or until one party declares that the parties are at an impasse. The agreed upon issues shall be incorporated into a memorandum of understanding. If the parties are at an impasse regarding any matter, they shall also prepare and submit a separate, joint document listing the matters in dispute. The council shall consider the memorandum of understanding and the matters in dispute at a public meeting. The public safety employee organization and the town manager shall each be given an opportunity to state their position to the council. The council may accept, reject or modify those areas of agreement within the proposed memorandum of understanding and may take whatever action they feel appropriate with regard to any areas in dispute. Final action by the council shall constitute the memorandum of understanding. The decision of the council shall be final. In accordance with this section please submit to me a written list of those matters that the MPOA believes are still in dispute. i will then prepare a joint document listing the matters in dispute and incorporate this document into the agenda materials that will be submitted to the Mayor and Council for the June 15, 2010 public meeting. The council agenda timeline I shared with you on two separate occasions during our on-going discussions delineates the timeline for submitting materials through the agenda process. All agenda items for the council meeting of June 15`h need to be delivered to the Town Manager's office no later than June 4, 2010. As such, please submit your list to me no later than June 4`" Regular Council Meeting -June 15, 2010 -Page 188 of 192 11555 W. CMC CENTER DRIVE, BLDG. A3 ~ MARANA, AZ 85653-7006 ~ PH: (520) 382-1400 ~ FAX: 382-1902 ~ TTY: 382-3449 Don't hesitate to call me if you have any questions. My direct office telephone number is 382-1920 and my a-mail address is smachain@marana.com. Sincerely, l Suzanne Machain Human Resources Director cc: Gilbert Davidson, Town Manager Ann Berkman, Employee Relations Manager Dale Bradshaw, Lieutenant Regular Council Meeting -June 15, 2010 -Page 189 of 192 ~~ ~'*,~~~ r:r~ti .. ~raarw~, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item A 5 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-61: Relating to Mayor and Council;. cancelling the July 6, 2010 regular council meeting Discussion: The July 6, 2010 regular council meeting falls on the Tuesday immediately after the town's observance of the Fourth of July on Monday, July 5. Town offices will be closed on that date. Since staff is proposing a July study session in addition to the regularly scheduled July 20, 2010 council meeting, staff recommends cancelling the July 6, 2010 meeting. ATTACHMENTS: Name: Description: Type: ^ RES eliminating council_meetng.DOC Resolution Resolution Staff Recommendation: Staff recommends cancelling the July 6, 2010 meeting. Suggested Motion: I move to adopt Resolution No. 2010-61, cancelling the July 6, 2010 regular Council meeting. Regular Council Meeting -June 15, 2010 -Page 190 of 192 MARANA RESOLUTION N0.2010-61 RELATING TO MAYOR AND COUNCIL; CANCELLING THE JULY 6, 2010 REGULAR COUNCIL MEETING BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the first regular Council meeting in July, which would normally occur on July 6, 2010, is hereby cancelled, and Town staff is hereby authorized and directed to take all actions necessary or prudent to give notice of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2010. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -June 15, 2010 -Page 191 of 192 ~~~f 1 ,x~» ~ ~.,.~~<~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, June 15, 2010, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Le~islative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -June 15, 2010 -Page 192 of 192