HomeMy WebLinkAboutResolution 2010-060 MOU with the marana police officer's associationMARANA 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.
Marana Resolution 2010-60 I {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 COUNCI F THE TOWN OF
MARANA, ARIZONA, this 15th day of June, 2010.
Mayor E Honea
ATTEST:
ocelyn ronson, own Clerk
APPROVED AS TO FORM:
Marana Resolution 2010-60 2 {00021429.DOC /}
MEET AND CONFER
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TOWN OF MARANA
AND TH E
MARANA POLICE OFFICERS'
ASSOCIATION
JULY 1, 2010 -JUNE 30, 2012
{00021070.DOC / 8}
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
{00021070.DOC / 8}
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
{00021070.DOC / 8}
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.
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Page 1 of 1
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
Page 2 of 2
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. Byway 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
Page 3 of 3
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
Page 4 of 4
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
1. 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.
Page 5 of 5
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
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
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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.
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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:
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.
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.
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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. 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.
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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;
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Page 10 of 10
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.
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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
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.
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 Chief, the Human Resources Department
shall give the request for grievance review to the Town Manager, who shall
proceed as stated in Step Two, below.
B. Step Two: Appeal to Town Manager
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1. 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)
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.
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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
1. 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.
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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
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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
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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
1. 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
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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.
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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
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 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.
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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.
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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.
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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
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increase shall be effective upon the date that performance-based pay increases are
restored.
Section 6-2: Specialty Pa
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:
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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 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.
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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.
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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: Holidavs
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
Presidents Day
Independence Day
Veteran's Day
Day after Thanksgiving
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Martin Luther King's Day
Memorial Day
Labor Day
Thanksgiving Day
Christmas Day
Page 26 of 26
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
Page 27 of 27
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
Page 28 of 28
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
Page 29 of 29
1. 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
Page 30 of 30
APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZON/~
A ~
Mayor Ed Ho
Dated: ~ -~-5 ~v
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
r•~~
Gilbert Davidson, Town Manager
Dated: ~ ~~-S ~~
ATTEST:
lyn nson, Town Clerk
APPRO ED AS TO FORM:
~f~
~~ ~~.~G ,
~ ; .~
ank ~ sidy, Town A r•ney
MOU 7/1 /10 - 6/30/2012
MARANA POLICE OFFICERS'
ASSOCIATION
Mario Williams, President
Dated: ~I2~1 ~~ ~ ~
Page 31 of 31