HomeMy WebLinkAboutResolution 2012-006 personnel policies revisions chapter 5 and 5-5 MARANA RESOLUTION NO. 2012-06
RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE
TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 5 - WORK
RULES, POLICY 5 -5 "DISCIPLINE SYSTEM"
WHEREAS Section 3 -3 -3 of the Marana Town Code provides that the Town Council
may adopt personnel rules, regulations and policies that follow the generally accepted principles
of good personnel administration and which 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 its January 3, 2012 meeting; and
WHEREAS the Council finds that adoption of the amendments to the Town's Personnel
Policies and Procedures is in the best interests of the Town and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, as follows:
SECTION 1. Chapter 5 of the Town's Personnel Policies and Procedures, entitled "Work
Rules" is hereby amended as set forth on Exhibit A attached to this resolution.
SECTION 2. The Town's manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms, obligations, and
objectives of the aforementioned amendments.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF HE TOWN OF
MARANA, ARIZONA, this 24 day of January, 2012.
OF vmm��i Mayor E Honea
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ATTEST: ISEAL APPROVED AS TO FORM:
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J celyn ronson, Town Clerk ra C si y, TownAtto ey
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Policy 5 -5 DISCIPLINE SYSTEM
Each supervisor shall have the responsibility and authority, with the approval of the
Department Head and /or General Manager to administer appropriate discipline to
subordinates using a positive progressive discipline process as a corrective measure.
Section 5 -5 -1 Progressive Discipline
A. Progressive discipline is an employee disciplinary system that provides a
graduated range of responses to employee performance or conduct problems.
The Town's discipline system includes a series of increasingly severe disciplinary
actions, ranging from verbal reprimand to termination. However, this does not
mean that every step in the graduated range of disciplinary actions will occur in
an ordered sequence in every case.
B. Progressive discipline is a general guideline for supervisors. The totality of the
circumstances will dictate the appropriate level of discipline for each incident.
Review of the particular facts and circumstances, such as the severity of the
offense and an employee's disciplinary history, whether for the same type of
offense or not, may indicate that more severe disciplinary measures, up to and
including termination, are appropriate.
C. All employees are subject to termination when, in the sole opinion of
management, an employee's job performance or conduct threatens the
well -being of the Town, its employees or its citizens, regardless of whether
progressive discipline steps have been administered.
Section 5-5 -2 Applicability
A. The provisions of this policy 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.
B. The provisions of this policy do not apply to unclassified employees or other
at -will employees, as defined in the Marana Town Code and these Personnel
Policies and Procedures. Unclassified employees and other at -will employees
shall be held to acceptable standards of employee performance and conduct and
may be subject to discipline; however, unclassified employees and other at -will
employees do not have the same due process rights as those afforded to regular
full- and part-time classified employees by this policy, and Policy 5 -6 and
PP Imo
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Section 5 -5 -3 Types of Disciplinary Action
A. Verbal Reprimand: A verbal notice to the employee regarding a performance
or conduct problem.
1. The verbal reprimand shall be given to the employee in a private meeting.
The supervisor may have an appropriate witness present during this meeting.
2. The supervisor shall inform the employee that the supervisor is issuing a
verbal reprimand, that the employee is being given an opportunity to correct
the problem, and that if the problem is not corrected, the employee will be
subject to more severe disciplinary action.
3. Netat+en 9 A memorandum documentina the verbal reprimand shall be
provided to the employee and included in the employee's official personnel
file.
B. Written Reprimand: A written notice to the employee dissess+Rg a
performance or conduct problem. A written reprimand may be issued if the initial
measure of verbal reprimand was taken by the employee's supervisor, but did
not correct the problem or if the infraction is severe enough to warrant a written
reprimand as the first measure of discipline.
1. The written reprimand shall be given to the employee and its contents shall
be explained to the employee by the issuing supervisor in a private meeting.
The supervisor may have an appropriate witness present during this meeting.
2. Written reprimands should normally be issued within ten business days after
the occurrence of the action requiring discipline or within ten business days of
completion of any investigation of the occurrence, whichever is later.
3. The original written reprimand shall be signed by the employee and placed in
the employee's official personnel file. If the employee refuses to sign
acknowledging receipt of the written reprimand, then the supervisor and one
other witness shall note on the reprimand that the employee received a copy
and refused to sign it. A copy of the written reprimand shall be given to the
employee and included in the employee's department personnel file.
C. Suspension Without Pay: Involuntary time off with loss of pay. A suspension
without pay may be issued for serious improper conduct or performance issues
or after lesser measures of discipline have been issued but have failed to correct
the employee's behavior or performance. The number of days of suspension will
depend on the severity of the infraction, but shall not exceed 4-5 aQ working days.
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D. Demotion: A reassignment to a lower position classification. A demotion may be
issued for serious improper conduct and /or consistent inability to meet job
performance expectations. Demotion shall occur when the employee is either
unwilling or unable to perform the responsibilities of his or her position.
Demotion is not a substitute for dismissal when dismissal is warranted.
1. Employees who fail to complete an initial evaluation period in a promotional
position and who are restored to their former position under the provisions of
these Personnel Policies and Procedures are not considered to have been
disciplined with a demotion. Therefore, the provisions of this policy do not
apply to such action and the action is not subject to appeal review under the
personnel action appeal review procedures of this chapter.
E. Reduction in Pay: A reassignment to lower pay within the same position
classification. A reduction in pay may be issued for serious improper conduct,
flagrant violations of rules and regulations and /or consistent inability to meet job
performance expectations. A reduction in pay is considered to be a final
behavior correction opportunity.
1. No change in classification occurs as a result of a reduction in pay.
2. Employees who fail to complete an initial evaluation period in a promotional
position and who are restored to their former position under the provisions of
these Personnel Policies and Procedures are not considered to have been
disciplined with a reduction in pay. Therefore, the provisions of this policy do
not apply to such action and the action is not subject to appeal review under
the personnel action appeal review procedures of this chapter.
3. Assignments, transfers or reassignments, including those to or from lead
positions or special positions, are not considered a reduction in pay for
purposes of these Personnel Policies and Procedures.
F. Termination: The involuntary, permanent removal of an employee from
employment with the Town. The terms "termination" and "discharge" are
sometimes used interchangeably in these Personnel Policies and Procedures.
Termination does not include a layoff as defined in these Personnel Policies and
Procedures. Termination may occur due to serious insubordination, theft, illegal
or destructive acts while on the job, flagrant violation of Town policy or any other
reason deemed appropriate by the Town Manager. Termination may also occur
after repeated offenses of a less serious nature or for consistent inability to meet
job performance expectations, if the employee's conduct has been documented
and appropriate performance- and conduct - related changes have not resulted
from previous progressive disciplinary action.
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1. Employees serving in an initial evaluation period either as a new hire or in a
promotional position are at -will employees as defined in these Personnel
Policies and Procedures. As such, during the initial evaluation period,
employment may be terminated at any time, with or without cause. The
decision to terminate employment shall be made by the employee's
Department Head and/or General Manager after consultation with and
approval by the Human Resources Director. The employee shall be notified
in writing that he or she has failed to successfully complete the initial
evaluation period. The decision to terminate employment during the initial
evaluation period for either a new hire or an employee in a promotional
position is not subject to appeal review under the feFmal OF infeFFnal personnel
action review procedures set forth in this chapter.
Section 5 -5 -4 Imposed Leave
A. A Department Head and /or General Manager may, after consultation with and
approval by the Human Resources Director, place an employee on imposed
leave with pay to remove an employee from the work site in order to allow the
Town to investigate behavior that is suspected of being illegal, that is not in the
best interests of the Town or that places other employees or citizens in jeopardy.
Imposed leave shall ordinarily not exceed 21 calendar days. The Human
Resources Director may authorize an extension or extensions when a
comprehensive investigation will require more time to reach a conclusion.
B. If the investigation reveals employee misconduct, disciplinary action
commensurate with the nature of the offense shall be taken. Such disciplinary
action may include recovery of salary and benefits paid during the imposed
leave.
C. If the investigation reveals no employee misconduct, the employee will be
restored to duty and a letter of exoneration will be placed in the employee's
official personnel file.
Section 5 -5 -5 Grounds For Disciplinary Action
A. A single serious infraction may result in termination. Such serious infractions
include, but are not limited to, the following:
1. Dishonesty, including intentionally giving false information, intentionally
falsifying records or making false statements when applying for employment,
lying to supervisors in connection with the employee's job;'[ falsifying time
sheets #er or other payroll reL
Dr ds.
2. Discrimination or failure to abide by Equal Employment Opportunity
regulations, including sexual or other harassment of a protected class.
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3. Reporting to work under the influence of alcohol or drugs or using such
substances while on Town property.
4. Theft or removal of Town money, merchandise or property, including property
in the custody of the Town, without permission.
5. Unauthorized or unlawful Rpossession of firearms, other weapons or
explosives not aut#er+a°d by the Town in Town facilities or while on Town
business.
6. Conviction of a criminal offense.
7. Acts of workplace violence, including violence or threats of violence in the
rkplace or aaainst other employees or members of the public.
$. Other reasons deemed valid by Town officials.
B. Other grounds for disciplinary actions, up to and including termination, include,
but are not limited to, the following:
1. Being absent from work without permission or failure to report to the
supervisor, or Department Head or General Manager when one is absent.
2. Being habitually absent or tardy for any reason.
3. Failure to follow the orders of one's supervisor(s).
4. Inability or unwillingness to perform the assigned job; failure to perform
assigned work in an efficient or effective manner.
5 Participation in prohibited political activities.
6 Acceptance of fees, gifts or other valuable items in the performance of the
employee's official duties for the Town.
7. Any action, on or off the job, bringing discredit to the Town.
8. Violations of any of Town policies administrative directives, or ordinances or
state or federal law.
9. Violating safety rules and regulations; being wasteful of material, property or
working time; failure to observe proper security or safety procedures.
10. Two written reprimands or other disciplinary actions in a 24 consecutive
month period.
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11. Inability to get along with fellow employees so that the work being done is
hindered and not up to required levels; speaking critically or making
derogatory or false accusations so as to discredit other employees or
supervisors.
12. The use of profanity or abusive language towards a fellow employee or
member of the general public while performing official duties as a Town
employee.
13. Abuse of sick leave privileges by reporting sick when not sick or obtaining
sick leave pay falsely or under false pretenses.
14. Divulging or misusing confidential information, including removal from Town
premises without proper authorization of any employee lists, records,
designs, drawings or confidential information of any type.
15. Improper use of the Town's electronic storage and communications
equipment, as set forth in these Personnel Policies and Procedures and any
administrative directives established by the Town Manager.
16. Such other act, error or omission detrimental to the mission of the Town.
17. Other reasons deemed valid by Town officials.
Section 5-5 -6 Notice to Employee
A. An employee to whom this policy applies, as set forth in Section 5 -5 -2, shall
receive 24 -hour written notice whenever the Town intends to take a disciplinary
action resulting in termination, reduction in pay, demotion or suspension without
pay-
B. Notice under this section is not required for other types of actions including, but
not limited to, verbal reprimands, written reprimands, imposed leave, layoffs,
assignments, transfers or reassignments, including those to or from lead
positions or special positions. Notice under this section is also not required for
those -employees to whom this policy does not apply, as set forth in
Section 5 -5 -2.
C. The notice required under this section shall provide the following information:
1. Notice of the intended disciplinary action and the proposed date of
implementation.
2. The reasons for the action.
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3. The date and time, not less than 24 hours after the notice is given to the
employee, of a pre- action meeting at which the employee may respond,
verbally or in writing, to the written notice of intended disciplinary action.
D. The original notice of intended disciplinary action shall be signed by the
employee and placed in the employee's official personnel file. If the employee
refuses to sign acknowledging receipt of the notice, then the supervisor and one
other witness shall note on the notice that the employee received a copy and
refused to sign it. A copy of the notice shall be given to the employee and
included in the employee's department personnel file.
E. Once an employee has been provided the notice required under this section, the
employee may be placed on imposed leave under Section 5 -5 -4 pending the
pre- action meeting.
Section 5-5 -7 Pre - Action Meeting
A. The pre- action meeting is a meeting between the employee, the supervisor
proposing the discipline and the Department Head. A Human Resources
Department representative may also attend the meetina. The purpose of the
meeting is to give the employee the opportunity to respond, verbally or in writing,
to the written notice of intended disciplinary action.
B. The employee may have a non - attorney co- worker of the employee's choosing
present during the pre - action meeting. The co- worker may not speak on behalf of
the employee and may only participate as an observer. The employee shall be
permitted reasonable breaks of limited duration during the pre- action meeting to
consult with the co- worker or others who are immediately available,
telephonically or otherwise.
C. Any relevant information presented by the employee during the pre - action
meeting regarding the proposed disciplinary action shall be considered by the
supervisor and the Department Head.
D. Failure by the employee either to attend the pre- action meeting or to timely
submit a written response to the notice of intended disciplinary action shall be
deemed a waiver of the employee's right to do so and the proposed disciplinary
action shall be implemented as written.
Section 5 -5 -8 Disciplinary Decision
After the pre- action meeting, the Department Head shall advise the employee in
writing of the decision regarding the imposition of discipline. This decision will
normally occur within ten business days of the pre- action meeting. The Human
Resources Director may authorize an extension with good cause shown by the
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Department Head. A copy of the written disciplinary decision shall be included in the
employee's official personnel file.
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