HomeMy WebLinkAboutResolution 2010-115 revising chapter 8 of the personnel policiesMARANA RESOLUTION N0.2010-115
RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE
TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING
CHAPTER 8 -TERMINATION OF EMPLOYMENT
WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council
may adopt personnel rules, regulations and policies that follow the generally accepted principles
of good personnel administration andwhich may be modified or changed from time to time; and
WHEREAS .the Town. Council adopted Personnel Policies and _Procedures via Town of
Marana Ordinance 99.12 and Resolution 99-38 on May 18,1999; and
WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may
amend and revise the Town's Personnel Policies and Procedures after any proposed amendments.
have been submitted to the Council for consideration at a previous Council meeting; and
WHEREAS Town staff presented proposed amendments to the Town's .Personnel
Policies and Procedures at the Council's November 16, 2010 meeting; and
WHEREAS the Council finds that adoption of the amendments to the Town's Personnel
Policies and Procedures is in the best interests of the Town and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Chapter 8 of the Town's Personnel Policies and Procedures, entitled
"Termination of Employment," is hereby amended as set forth on Exhibit A attached to this
resolution.
SECTION 2. The Town's manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the aforementioned amendments.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 7th day of December, 2010.
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Mayor d Honea
APPROVED AS TO FORM:
l
Frank Cassidy, Town At~`rney
~,
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IV~A~ZANA
TOWN OF MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
PEAL-16aF 8-1 EMPLOYMENT END
Employment with the Town of Marana may be ended voluntarily or involuntarily.
Section 8-1-1 Service Retirement
Service retirement is voluntary termination after the em Ia oyes ha~ui~ satisfied the
employment requirements of ~ applicable retirement system ~ese~es.
Section 8-1-2 Disability Retirement
Disability retirement is voluntary termination necessitated by an injury or illness that renders
the employee incapable of performing the essential tasks of his or her usual job. The
termination is preceded by a letter from ~ the employee to his or her supervisor advising of
the disability ruling, date of termination, supporting documentation, and a ruling by the
appropriate agency verifying the disability and approving the retirement.
Section 8-1-3 Resignation
A^ °^,^'^•~^°-~^~+'^+°~' resignation is voluntary termination for any reason other than formal
retirement. It is customary and expected that ~.n employee rv~_'ll
provide a written resignation to his or her immediate supervisor at
least 14 calendar days prior to the effective date of resignation. During this 14-dav ep riod
+;o~~eek~s~ ~° +~ e#es+'•'„-.v°--'QUte, the employee will be expected to perform the
normal functions of his or her iob and to be available €eFwer~ to a~ assist in the training of
a replacement r in the transition of iob duties to another emolovee. molovees may
to use vacation or personal leave durina this 14-dav period: however. the suoe
av deny a request on the grounds that the granting of leave will impede the operational
s of the department. Employees may use sick leave durina this 14-dav period i
accordance with the Town's sick leave policies and procedures. ~~^°^+~^^° +^ ++,° +;^^°':^^;+
fe~Ffel~}eF'}t~~ •'•iuu7-v~~^~ur~rie~~Z4•^ Tn...n ~A~n~n°r
Section 8-1-4 Termination during Initial Evaluation Period
During the initial evaluation period, an employee may be terminated at any time, with or
without causes= ~ the Department Head shall make the decision to terminate with the
of the General Manager.. where applicable. and after consultation with and
approval by the Human Resources Director. +h° u,,.,.,^., o°~^„r^°~
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TOWN OE MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
Section 8-1-5 awe Termination
Termination ~~e is t~ involuntary permanent removal of an
employee ~ from employment with the Town. The terms "termination" and "discharge" are
sometimes used interchanaeably in these Personnel Policies and Procedures.
Section 8-1-6 Layoff and Recall
A. Definitions
1. A layoff is a reduction in the Town's work force due to a shortage of work or funds or
a material change in duties or organization. Layoffs shall not be used in lieu of
discipline.
2. For purposes of this section, seniority shall be defined as an employee's total length
of continuous service with the Town as a probationary/regular employee. If there is
aerie in seniority. seniority shall then be determined by the date of the employees,
entry into the iob classification occuoied. If there is still a tie. seniority shall then be
_-
etermined by comoarina the first letters of the emolovees' last names or. if the
molovees' last names start with the same letter. by comoarina the first letters of the
ovees' first names. In the first fiscal year in which this tiebreaker is anolied.
letters aooearina earlier in the alphabet (i.e.. A - Z) shall confer more seniority on an
ovee. In the next fiscal year in which this tiebreaker is aoolied. letters
ao~earina later in the alphabet (i.e.. Z - A) shall confer more seniority on an
I Thereafter. the Town will continue aoolvina this alternatina oatte
whenever this tiebreaker is aoolied.
B. Applicability
1. The provisions of this section apply to all regular full- and part-time classified
employees who have completed the initial evaluation period as defined in the
Marana Town Code and these Personnel Policies and Procedures.
2. The provisions of this section do not apply to unclassified employees, probationary
employees or other at-will employees, as defined in the Marana Town Code and
these Personnel Policies and Procedures. However, unclassified employees,
probationary employees and other at-will employees may be subject to job
elimination or termination due to a shortage of work or funds or a material change in
duties or organization.
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TOWN OP MkRANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
C. Bumpina
1. The bumDln a provisio ns describe d in t his section shall only apply to Arizona Peace
ffi cer Stan dards and Trainina ( AZPO STI-certified emnlovees servina in the Police
ep artment and Polic e Departme nt em nlovees attendina a police academy.
Anv reaular AZPOST-certified Police Department emnlovee who is identified for
avoff in accordance with this section may be permitted to "bump". that is. assume a
position in the next lower classification within the department. provided that•
a. The emnlovee has more seniority than at least one emnlovee in the lower
classification: and
The emnlovee has successfully completed an initial evaluation period in the
lower classification in the department: and
The emnlovee meets the minimum aualifications of the position and can perform
the essential functions of the position.
3. If another low er cla ssification exists within the d epartment, the emnlovee who is
tzumped from a posi tion may be permitted to bum p into or assume a position in the
next lower cla ssifica tion within the department. p rovided that the emnlovee meets
e aualificatio ns set forth in subparagraph 2 abov e.
S~. Layoff Plans
Layoffs shall be accomplished on a department basis in accordance with a layoff
plan prepared by the Department Head and approved by the General Manager,
ere applicable. the Town Manager's Office, the Human Resources Department
and the Legal Department.
2. The layoff plan shall include the reason for the layoff, a list of each position subject
to layoff by classification and a list of the employees holding the positions within the
specified classification(s). he lavoff plan shall also include a description of anv
bumping rights applicable to anv of the emnlovees included in the lavoff plan.
3. Regular full- and part-time classified employees in grant-funded positions shall not
be subject to layoff.
4. In any approved layoff plan, all vacant positions in the specified classification(s)
within the department shall first be eliminated. Next, all temporary and/or
probationary employees occupying the specified classification(s) within the
department shall be terminated prior to the layoff of any regular employees in the
specified classification(s) within the department. Regular employees within the
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TDWN 6E MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
specified classification(s) within the department shall then be laid off in inverse order
of seniority.
Emolovees who have the option of exercising bumnina riahts shall be given notice of
e lavoff elan and of their right to bump into the next lower classification within the
eoartment. The notice shall inform the emolovee of the emolovee's oooortunity to
a meeting with the Chief of Police in order to respond to the seniority
culation that is the basis for the bumnina riahts. Within 30 calendar davs of
this notice. the emnlovee shall inform the Town in writing whether he o
he will exercise those bumnina riahts. Upon receiot of the emolovee's written
ification. the lavoff elan will be finalized and imolemented in accordance with this
i n.
S~. Notice of Proposed Layoff
1. ff a After finalization of the lavoff olan +~~-a~reved, the Department Head shall issue
a notice of proposed layoff to each employee who will be laid off. The notice shall
inform the employee of the employee's opportunity to present a written response to
the proposed layoff and to attend apre-layoff review meeting with the Department
Head at a scheduled date, time and location.
2. The notice of proposed layoff shall be issued to each affected employee at least
seven calendar days prior to the pre-layoff review meeting.
€F. Pre-Layoff Review Meeting
1. The pre-layoff review meeting shall take place at least 14 calendar days prior to the
proposed effective date of the layoff.
2. The pre-layoff review meeting shall not be an adversarial hearing. The purpose of
the meeting is to give the employee the opportunity to respond, verbally or in writing,
to the written notice of proposed layoff.
3. The employee may have anon-attorney co-worker of the employee's choosing
present during the pre-layoff meeting. The co-worker may not speak on behalf of the
employee and may only participate as an observer.
4. Any relevant information presented by the employee during the pre-layoff review
meeting regarding the proposed layoff shall be considered by the Department Head.
5. Failure by the employee either to attend the pre-layoff review meeting or to timely
submit a written response to the notice of proposed layoff shall be deemed a waiver
of the employee's right to do so and the proposed layoff shall be implemented as
specified in the layoff plan.
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N~ARAh1A
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T6WN pF MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
~~. Notice of Layoff
1. After the pre-layoff review meeting, the Department Head shall advise the employee
in writing of the decision regarding the proposed layoff. The decision shall be
aooroved by the General Manager. where aoolicable. the Town Manager's Office.
he Human Resources Deoartment and the Legal Department. This notice of layoff
shall be issued as soon as possible and at least 14 calendar days prior to the
effective date of any layoff.
2. The original notice of layoff shall be submitted to the Human Resources Department
and a copy shall be provided to the employee.
6~. Personnel Action Review Board (PARB) Review
1. Employees who are laid off pursuant to the provisions of this section may request to
have the layoff decision reviewed by the Town's Personnel Action Review Board
(PARB).
2. To request PARB review, eligible employees must submit a written request for
review, on a form provided by the Human Resources Department, to the Human
Resources Director within ten calendar days after the effective date of the layoff.
3. Within ten calendar days of receipt of the employee's request for review, the Human
Resources Director shall submit the request for review to the PARB.
4. Upon receipt of the employee's request for review, the PARB, or the Human
Resources Director in conjunction with the PARB Chairperson, shall set a date for a
review hearing. The hearing should take place within 30 calendar days of the
PARB's receipt of the request for review, unless the time is extended by the PARB,
or unless the PARB is unable to hold the hearing within that time, or for other good
cause.
5. The review by the PARB shall be only to ascertain whether the Town has complied
with the provisions of these Personnel Policies and Procedures relating to layoffs.
The PARB has no authority to and shall not review whether the shortage of work or
funds or the material change in duties or organization justified the layoff or whether
alternative means may have been available to the Town. In all other respects, the
hearing shall proceed in the manner set forth in Policy 5-6 of these Personnel
Policies and Procedures or as otherwise determined by the PARB.
6. Upon conclusion of the review hearing, the PARB shall render a written decision
which shall contain findings as to whether the provisions of these Personnel Policies
and Procedures relating to layoffs have been complied with. The decision of the
PARB shall be final and is not appealable within any Town process.
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TY3WM OF MARe4NA
CHAPTER 8
TERMINATION OF EMPLOYMENT
7. Failure by the employee to file a written request for review within ten calendar days
after the effective date of the layoff, unless explained to the satisfaction of the
PARB, shall operate as a bar to further recourse by the employee.
#!. Pre-Layoff Transfer
Layoff decisions shall be coordinated among Town departments to provide possible
transfer of employees to positions in other departments for which the employees
qualify.
2. An employee subject to apre-layoff transfer retains all accrued sick and vacation
leave and compensatory time.
~ The employee shall serve an initial evaluation period in the classification the
employee transfers into +# unless the employee has previously aet completed an
initial evaluation period in that classification and in that department fly.
f,~. Recall
1. An employee who has been laid off pursuant to the provisions of this section shall be
recalled within one year of the layoff if the employee's previously-held job is
reopened or if a similar job for which the laid off employee is qualified becomes
available. The Town is not required to follow the competitive hiring process to recall
a laid off employee.
2. An employee subject to apre-layoff transfer is subject to recall in the same manner
as an employee who is laid off.
dK. Coordination with the Worker Recession Assignment Program (WRAP)
If any of the provisions of this section conflict with the provisions of the Town's Worker
Recession Assignment Program (WRAP), the provisions of the WRAP shall govern for
those employees who are serving in a WRAP. assignment under the provisions of that
program.
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T6VPN OP MAQANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
Policy 8-2 EXIT PROCESS
The Human Resources Department is responsible for coordinating the exit process with the
Department Head, the chain of authority above the level of Department Head and the Finance
Department.
Section 8-2-1 Exit Clearance
The emplovee's Department Head shall ensure m^'~ed~ ;~~f+nF;--e:ea~°~e-a
uer+fisat+et~ that all Town-issued equipment, materials and supplies, includina, but not limited
iQ e~sla-as keys, identification card, Town credit cards and uniforms,
depa+#+~en~et~; have been returned the emolovee's final exit clearance.
Section 8-2-2 Exit Interview
Regular full-t+e~e and regular part-time employees will normally participate in an exit
interview-Th '^+^^„^,•, ,•,:'~ ^^rm~ll~i h^ scheduled prior to the last day of employment.
Documented comments aathered from tThe ~€xit !}nterview shall be maintained separately
from the employee's personnel file. Temporary employees do not ordinarily participate in an
g€xit interview unless they volunteer to complete the interview.
Section 8-2-3 Final Pay Check
A. The Finance Department shall be notified of the employee's separation date through #~e
~. Personal Action Form. Employees shall receive pay for work performed through the
last hour worked and for unused benefits as stipulated by Town policy and laws
governing s~ find payments.
1. Terminated employees must be issued their final pay check within ~ three working
days of the effective date of the termination or at the end of the next regular Rav
~p/e,.rio^d,.,~ whichever is sooner. ',rs +"° ~^°^^^°~~~'~+., ^f fh^ n^n~~m^n4 u^.~A 4n
T01'~'Gi"~' [~ ~.•J~ ~m~n ~^c~i1~ ~r^^c~ ^~eteQ~apGl;l ~^7V1 ~+lV^ ~eCL~t1Y.1.-ff^riQGrai
2. """"Employees who leave the employment of the Town by means other than
termination will be paid at the close of the next regular pay period.
3. Costs of unreturned Town property will be deducted from the final paycheck.
The Town will not distr ibute the final oav check to the emnlovee via direct deposit.
he emnl ov ee may eit her nick uo the fina l oav check o r request that it be mailed to
the emnl ov ee. The emolovee's s elect ion shall be indicated on the final exit
clearance fo rm.
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N~ARA(~A
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T6WN OF MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
B. ~~ef~~„e~; ;~'anesk-+s-,T,,a ~' }tee-erx~l~yee~lt is the responsibility of the
Department Head to ensure that the employee has completed final clearance ~
all items. includina the Personnel Action Form, the exit clearance checklist and the final
time sheet/attendance record, have been properly completed and forwarded to the
Human Resource Department and the Finance Department within the reauired time
frames for
}h°trrc-r~-c°.i ~vr
Section 8-2-4 Continuation of Benefits
A.
. The continu ation of benefits is subject to the
provisions of each benefit plan and coverage may varv.
Employees eligible to continue health benefits through GO-B:R-A- and H-I-P-A-A- will
receive ire notifis~ne~ within the time limits determined by law.
Emplovees are expected to be present and to work on their final work day to facilitate the
exit clearance process. Requests to use vacation or personal leave will be considered as
described in Section 8-1-3 of these Personnel Policies and Procedures. Emplovees may
use sick leave in accordance with the Town's sick leave policies and procedures
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MARANA
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TOWN OF MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
Policy 8-3 VERIFICATION OF PREVIOUS TOWN EMPLOYMENT
I reauests for verification of employment or wages of former employees. whether
ritten or oral. must be forwarded to the Human Resources Department for processing.
he Human Resources Department will provide information regarding a former
employee's dBates of employment, job classifications , rated of pay,
departments +a~+sf}leyee avers--ef worked in and eligibility for rehire e
~er+fied+in response to e~side n r requests for employment verification. Ad~+tieaal
.'i;;~~&ti9~1--t~?a~e3k}afeEl in nnnfnrm~+nno ..,.+h ~+~+o h..,. If the reguestor submits a
ritten authorization for release of information signed by the former employee. the Tow
m~provide additional information in conformance with the written release.
B All rnn~ ~er•4c~ nr nhnno n~llc• fnr ~ierifin~~ir~n of omnlnvmon4 nr ur~nnc+ of n~ ~rren• nr fnrmer
n.
f s
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TOWM OP MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
Policy 8-4 RE-EMPLOYMENT
Section 8-4-1 Eligibility
Regular employees who resign from Town service
may be considered for re-employedm~t~
n nnr,.,r+.,.,n.,+ un.,,+, to a classification in which the
I ad previously completed an initial evaluation period without aoina throuah
itive recruitment process. if the emolovee returns within six months of resianatio
nd if the re-emolovment is approved by the Department Head and the chain of
ority above the level of Department Hea
The former employee must notify the Human
Resources Department of his or her desire to be re-employed. However.
ovment is not guaranteed. Former employees may also apply for posted
peninas throuah the regular competitive recruitment process.
Tnum nrnvi rlorl re~_em nlnvrv~nn+ is uii+hin c~nann vn~ro .~f+nr +hn nrinir~~l rec~inn~+inn
-r v ~
The rJ~+n f h'rn mill +~4n +hn n n~r• nr c~or~iinn .ai+h the Tnum in+n ~nnn~ ~n+•
e
Section 8-4-2 Initial Evaluation Period
Re-employed emnlovees who return to Town emnlovment within six months of their
ion are not reauired to complete an initial evaluation period if they had
i v completed the initial evaluation period in the same classification and in the
me department prior to resianation.
Re-emnloved emnlovees who return to Town emnlovment more than six months after
eir resianation must serve the initial evaluation period reauired by the position.
r aardless of whether the employee previously completed the initial evaluation period i
the same classification and the same department prior to resianation.
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MARANA
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IOWN 06 MABANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
. All re-employed employees must serve an initial evaluation period for any subseauen
demotions. transfers or promotions. reaardless of whether the employee previously
completed the initial evaluation period in the same classification and the same
enartment prior to resianation.
Section 8-4-~~ Compensation and Benefits
A. An mn~ ~a1 re-employed in his or her former position or in another position
will be subject to a compensation policies and practices ~evisier}s for new hires
reaardless of the employee's previous compensation at the time of separation.
Future performance pay increases for a re-employed employee will be in accordance
with the performance manaaement policies and procedures set forth in Policy 3-5 of
these Personnel Policies and Procedures.
C. n employee re-employed in his or her former position or another position within si
months after the employee's resianation will be considered to have continuous service
or the purpose of calculatina the employee's vacation accrual rate. In addition. the
ovee will not be reauired to serve the waitina period described in Section 4-1-5 of
these Personnel Policies and Procedures before usina vacation
D. n e mploy ee re- emplo yed in his or her forme r position or another positio n within six
mo n ths aft er the emplo yee's resianation shall h ave his or her previous accum ulated sick
lea v e bala nce res tored
if r e mm~ln ~imnn+ nnn arc . uii+hin nnn ~in~r of +hn n rnvin~ ~c• rec+inn~+inn
Denendi na upon th e provid er an d t he ela n. separati on and re-e mpl oy ment may be
Br ed a break in servic e for p urp oses of insurance benefits an d the e mployee may
reau ired to serv e the re auired wa itina period befo re receiving ins ura nce b
uii+hin nn n ~in~r of +h n nrnvin~ ~~ rnc~i n nn +inn
ormer employee's personnel file will be re-activated upon re-employment with the Town.
the personnel file has not been disposed of in accordance with the Town's records
retention schedule.
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TOWN O~ MARANA
CHAPTER 8
TERMINATION OF EMPLOYMENT
Section 8-4-~~ Military Service
An employee who resigns from Town service to enter active duty in the armed forces,
voluntarily or involuntarily, will be shy ~ the provisions of the Uniformed
Services Emolovment and `~°+e Reemployment Rights 1994 (USERRA) a
anv applicable Arizona law.
Section 8-4-4~ PSPRSeNce €~erie~
Police employees who retire under the Public Safety Personnel Retirement System
(PSPRSI are subject to the re-employment provisions of PSPRS
may. anv of the provisions of this oolicv conflict with the re-emnlovment provisions of
PSPRS. the provisions of PSPRS shall aovern for those emolovees covered by PSPRS.
eoaration and re-emnlovment is not considered continuous service when determining
' v for layoff purposes.
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