HomeMy WebLinkAboutResolution 2012-050 MOU with MPOAMARANA RESOLUTION NO. 2012-50
RELATIN�'r TO THE POLI�E DEPARTMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANIDUM OF UNDERSTANDING BETWEEN THE
TOWN OF I�7ARANA AND THE MARANA POLICE OFFICERS' ASSQCIATION
RELATING TO WAGES, HOURS AND WORKING CONDITIONS FQR THE TIME
PERI4D OF JULY l, 2012 THROUGH JUNE 30, 2014
WHEREAS the Town of Marana has a fundamental interest in maintaining a harmonious
and cooperative relationship between the Tawn 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 formulatian of policies and practices
affecting the wages, hours, and warking conditions of employment; and
�VHEREAS the Town and the Marana Police Officers' Association, through their
representatives, met and conferred in good faith pursuant to the meet and canfer process outlined
in Section 4-1-8 of the Marana Town Code in order ta reach agreement concerning wages, hours
and working canditions af 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) ofthe 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 COUNCII.OF THE
TOWN OF MARANA, ARIZONA, AS F4LLOWS:
SECTION l. The Town Council hereby appraves 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 E�ibit A.
Marana Resolution No. 2012-50
SECTION 2. The Town's Manager and staff are hereby directed and authorized ta
undertake all other and further tasks required or beneficial to implement the terms and conditions
of the memorandum of understanding.
FASSED ANL7 ADOPTED BY THE MAYOR AND �OUNCIL 4F THE TOVVN OF
l��ARANA, ARIZONA, this 19�' day of 7une, 2012.
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Marana Resolution No. 2012-50
Exhibit'�A��
MEET AND CONFER
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TOWN OF MARANA
AN D TH E
MARANA POLICE OFFICERS'
ASSOCIATION
JULY 1, 2012 - JUNE 30, 2014
TABLE OF CONTENTS
TABLE OF CONTENTS "
.................................................................................................. ii
PREAMBLE...............................................................................................................•---..1
ARTICLE 1; PURPOSE; DEFINITIONS ..........................................................................1
Section1-1: Purpose ..................................................................................................1
Section1-2: Definitions ...............................................................................................1
Section1-3: Gender ....................................................................................................3
ARTICLE2; RECOGNITION ........................................................................................... 3
Section2-1: Recognition .............................................................................................3
ARTICLE 3; MANAGEMENT RIGHTS ............................................................................ 3
Section 3-1: Management Rights ................................................................................3
ARTICLE 4; ASSOCIATION RIGHTS .............................................................................5
Section 4-1: Association Rights ..................................................................................5
Section4-2: Employee Rights .................................:...................................................8
ARTICLE 5; GRIEVANCE PROCEDURES; CONFERENCE BOARD MEETINGS.......10
Section 5-1: Non-exclusive Remedy .........................................................................11
Section 5-2: Informal Grievance Review Procedures ...............................................11
Section 5-3: Conference Board; Conference Board Procedures ..............................13
ARTICLE 6; WAGES AND BENEFITS ..........................................................................14
Section6-1: Wages ..........................•--•.....................................................................14
Section 6-2: Special Assignment Pay .......................................................................15
Section 6-3: Dispatcher In Charge (DIC) ..................................................................15
Section6-4: Overtime ...............................................................................................16
Section6-5: Court Pay ..............................................................................................16
Section6-6: Jury Duty ...............................................................................................16
Section6-7: Call-out Pay ..........................................................................................16
Section 6-8: Shift Differential Pay .............................................................................17
Section 6-9: On-Call Assignments; On-Call Pay .......................................................17
Section 6-10: Canine Maintenance Pay ....................................................................17
Section 6-11: Wage Re-opener .................................................................................18
ARTICLE 7; WORKING CONDITIONS .........................................................................18
Section7-1: Shifts .....................................................................................................18
Section7-2: Leaves ..................................................................................................18
Section 7-3: Payment of Sick Leave at Death ...........................................................19
Section 7-4: Uniform, Clothing and Equipment .........................................................19
Section 7-5: Alternative Work Assignments/Light Duty .............................................19
Section 7-6: Take-Home Vehicles .............................................................................19
ARTICLE 8; STRIKES AND WORK INTERRUPTION ...................................................20
ARTICLE 9; MISCELLANEOUS ....................................................................................20
Section9-1: Saving Clause .......................................................................................20
Section9-2: Seniority ................................................................................................20
Section 9-3: Term and Effect of MOU ....................................................................... 22
�
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 desire to have an informed workforce and acknowledge that
establishment of a formal procedure for communications between the Town and police
employees can improve the operations of town government; 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 th
faith pursuant to
concerning wages,
and
: parties, through their representatives, met and conferred in good
the Meet and Confer Ordinance in order to reach agreement
hours, and working conditions of employment in the bargaining unit;
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 approvat and implementation to the Mayor and Town
Council.
Section 1-2: Definitions
A. Association: the Marana Police Officers' Association.
B. Chief: The Chief of Police of the Marana Police Department, or a person acting as
the Chief's designee.
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C. Civilian employee(s) or personnel: Employees who are not Arizona Peace Officer
Standards and Training (AZPOST)-certified police officers.
D. 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.
E. Council: The Town Council of the Town of Marana.
F. Day(s): Calendar days, unless otherwise specified in this MOU.
G. Department: Marana Police Department.
H. Employee(s) or Association member(s) or member(s): Town employees who are
full-time, Arizona Peace Officer Standards and Training (AZPOST)-certified sworn
potice officers below the rank of lieutenant, police dispatchers, crime scene specialists,
police records clerks, crime prevention specialists or crime analysts. A person who is
employed by the Town on a contract, temporary, or seasonal basis is not considered an
association member.
I. Management labor liaison: The Chief, or the person appointed by the Chief, to be
the Department's point of contact for the Association.
J. Memorandum of Understanding or MOU: The written document approved by the
Council which incorporates the agreement between the Town and the Association
resulting from the meet and confer process; this Memorandum of Understanding, after
approval and adoption by the Council, as evidenced by the Mayor's signature at the end
of this MOU.
K. Ordinance: Marana Ordinance No. 2007.05, now codified as Town Code
Section 4-1-8.
L. 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
M. Sworn employee(s) or personnel: Arizona Peace Officer Standards and Training
(AZPOST)-certified police officers.
N. Town: The Town of Marana.
O. Town Manager or Manager: The Town Manager of the Town of Marana, or a person
acting as the Manager's designee.
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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: Recoqnition
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 atl Town employees who are full-time,
Arizona Peace Officer Standards and Training (AZPOST)-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: Manaqement Riqhts
A. Nothing in this MOU shall limit the Town in the exercise of its management functions
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, divisions, sections or units; require
and assign overtime; increase or decrease the number of jobs or positions; change
process; contract out work; assign work and work to be performed; schedule shifts,
work hours and lunch or break periods; hire, suspend, demote, discipline, discharge,
transfer or promote employees; lay off employees 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.
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C. By way of example but not limitation, management retains the following rights:
1. to determine the mission, budget and policy of the Department;
2. to determine the organization of the Department, the number of employees, the
work functions, and the methods of performing them;
3. to determine the numbers, types, and grades of positions or employees as�igned
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 e�ciency 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 #he
pertormance 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 consistent 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 policies, procedures and administrative
directives and Department policies and general orders, to require the cooperation
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of all employees in the perFormance of this function, and to determine its internal
security practices;
17. to spell out the job responsibilities and obligations of employees and to assign
duties consistent with an officer's training and ability, regardless of whether the
exact duty is listed in a written job description.
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 Riqhts
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. The Association agrees to provide a list of elected Officers of the Association to the
Town Manager's Office, the Chiefs Office and the Town's Human Resources
Department and to keep the list current. The Department and the Town will recognize
the elected Officers after receipt of the written notice.
C. Association Representatives
1. The Association may name up to five representatives and shall notify the Chief's
Office and the Town's Human Resources Department of such designations in
writing. The Association agrees to keep the list current. The Department and the
Town will recognize the 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.
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D. Payroll Deduction
1. The Town shall deduct yearly from all 26 regular Town paychecks of the
Association members the regular periodic Association membership dues
pursuant to the Town's deduction authorization form duly completed and signed
by the employee, and transmit such deductions monthly to the Association no
later than the 14 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 withdraws from 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.
E. Use of Facilities
1. The Town shall provide the Association with space for two bulletin boards for its
use in communicating with its members at mutually agreeable locations. The
Association shall have sole and exctusive 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 President, Vice President
or Secretary of the Association Executive Board. 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
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entitle the Department to immediately revoke the privilege to use the bulletin
board. In the event non-authorized ma#erial is posted, it shall be promptly
removed on notification by the Department.
4. The Association is authorized to use non-work time to distribute materials to
Association members in Department mail boxes.
5. The Town shall permit Association Executive Board Members to use Town
electronic communications and inter-office mail systems for grievance and joint
Town/Association matters as necessary. A Town e-mail account and intranet
access will be provided to any employee who is an Association Executive Board
Member and who does not otherwise have access to the Town's e-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.
F. Association Leave Pool Hours
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
a non-paid basis, or by using Association leave pool hours. Approval for use of
unpaid time or leave pool hours shall be subject to D�partment 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. The leave pool will
consist solely of time deducted from members' vacation leave. The Town will
deduct finro 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. No more than 200 hours may be accrued in the
leave pool in a given calendar year and the leave pool balance at any time shall
not be greater than 500 hours. The annual vacation leave deduction will be
adjusted accordingly if the normal finro-hour draw would result in more than 200
hours being accrued in a year or 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 nat 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 finrenty-four hours in advance of
the use of the leave.
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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 DepartmenYs 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.
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.
G. 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.
H. 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.
I. When an employee is involved in a major incident such as a shooting or serious
accident, the Association President or designee shall be notified by the Department as
soon as practicable under the circumstances.
Section 4-2: Emplovee Riqhts
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.
B. Employees have the rights of representation guaranteed to them by
A.R.S. § 38-1101 and A.R.S. § 38-1106, as these statutes may be amended from time
to time. The Town agrees to extend those rights of representation provided to law
enforcement officers pursuant to A.R.S. § 38-1101 and A.R.S. § 38-1106 to the civilian
employees who are represented by the Association and who are subject to the
provisions of this MOU.
C. If an employee requests representation for an administrative interview and is entitled
to representation pursuant to state law and this MOU, representation will be allowed.
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 participate in the
intenriew only as an observer.
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D. The interview session shatl be for a reasonable period of time, taking into
consideration the gravity and complexity of the issues being investigated.
E. 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.
F. 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.
G. An employee shall on request be allowed to review the employee's Department and
Town personnel files in the presence of a management representative.
H. 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.
I. Employees have the right to written notice regarding an administrative interview as
provided in A.R.S. § 38-1101, as it may be amended from time to time. The Town
agrees to extend the right to written notice provided to law enforcement officers
pursuant to A.R.S. § 38-1101 to the civilian employees who are represented by the
Association and who are subject to the provisions of this MOU. 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.
J. The employee and/or the Department supervisor/Internal Affairs representative shalt
each be entitled to mechanically record any administrative 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. tn 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.
K. If an employee is told not to speak to anyone regarding an investigation, this
admonition shatl not apply to speaking with an attorney functioning within the
attorney-client relationship, or with a representative.
L. When the investigation is completed, the employee shall be notified in writing of the
findings.
M. 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
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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.
N. An employee who receives a written reprimand may request a copy of the official
documentation, if any, supporting the written reprimand.
O. Employees shall have the right to participate on behalf of or engage in activities on
behalf of the Association as allowed by the Ordinance and this MOU. 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.
P. 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.
Q. Any employee required to undergo a fitness for duty evaluation will be provided a
copy of the full report within a reasonable time following the Town's receipt of such
report.
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 settlernent of disagreements informally at the employee-supervisor
level;
D. Provide an orderly procedure to handle disagreements through the various
supervisory levels when necessary; and
E. Resolve grievances as quickly as possible.
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Page 10 of 23
Section 5-1: Non-exclusive Remedv
An employee covered under this MOU may choose to exercise rights under this MOU or
under the Town's Formal or Informal Personnel Action Review Procedures, if
applicable, but may not use both processes for the same grievance/review. Once the
employee has elected one (by taking the initial step under the process), that election is
irrevocable for that grievance/review. Nothing herein shall preclude an employee from
exercising the employee's rights under A.R.S. § 38-1105.
Section 5-2: Informal Grievance Review Procedures
The Town of Marana provides informal grievance review procedures as a means to
ensure that all employees receive fair and equitable treatment and have recourse to
seek review of disciplinary actions that are not subject to formal personnel action
review.
A. 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 the Town's Personnel Policies and Procedures.
2. The provisions of this section do not apply to unclassified employees or other at-
will employees, as defined in the Marana Town Code and the Town's Personnel
Policies and Procedures.
B. Only the following disciplinary actions shall be subject to informal grievance review
under this section:
1. Verbal reprimands
2. Written reprimands
3. Suspensions without pay for 40 hours or less in a rolling 12-month period.
C. Step One
1. To request review of a disciplinary action that is subject to informal review under
this section, the employee must file a written request for review with the
supervisor who issued the discipline within ten business days of the date the
employee receives notice of the disciplinary action.
2. The request for review shall be on a form provided by the Human Resources
Department.
3. Within five business days of the supervisor's receipt of the employee's request
for review, the supervisor shall provide a written response to the employee on the
form provided.
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4. If the Department Head is the supervisor who issued the disciplinary action, then
the informal review process ends at this step. The Department Head's decision is
finaL
D. Step Two
If the procedure in Step One does not resolve the issue to the employee's
satisfaction and does not involve a final decision of the Department Head, the
employee may request review of the disciplinary action by filing the written
request for review, on the form provided, with the next level manager, if any. The
employee must file the request for review within five business days of receipt of
the supervisor's written response. The request for review must include a written
response to the supervisor's comments, indicating the areas of disagreement
with the supervisor's comments and a proposed solution.
2. Within five business days of the manager's receipt of the employee's request for
review, the manager shall provide a written response to the employee on the
form provided.
3. If there is no next level manager between the supervisor issuing the discipline
and the Department Head, the employee may proceed directly to Step Three.
E. Step Three
If the procedure in Step Two does not resolve the issue to the employee's
satisfaction, the employee may request review of the disciplinary action by filing
the written request for review, on the form provided, with the Department Head.
The employee must file the request for review within five business days of receipt
of the manager's written response. The request for review must include a written
response to the manager's comments, indicating the areas of disagreement with
the manager's comments and a proposed solution.
2. Within five business days of the Department Head's receipt of the employee's
request for review, the Department Head shall provide a written response to the
employee on the form provided.
3. All decisions of the Department Head pursuant to this policy are final and not
appealable within any Town process.
F. In the absence of good cause, the employee's failure to timely pursue any step in
the review process shall result in the termination of the review process and the
employment action shall stand.
G. If a supervisor or manager does not respond to the employee within the time allotted
by this section, the employee may proceed to the next step in the process.
H. No discipline, retafiation, or threats of retaliation shall be taken against any
employee as a result of the employee's participation in this review process. Such
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discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up
to and including termination.
I. Disciplinary actions subject to informal grievance review may be resolved or settled
at any step in the process. The request for informal grievance review shall be processed
until either the employee is satisfied, the employee does not file a timely appeal, as
defined in this section, or a decision has been made in the final step.
J. Upon reversal of the decision at any step in the informal grievance review process,
the successful employee may recover any wage and/or benefits losses incurred, from
the effective date of the disciplinary action pursuant to the provisions of this section.
K. The employee may have a non-attorney co-worker of the employee's choosing as a
representative at any step in the review process. 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 any step in the review process to
consult with the co-worker or others who are immediately available, telephonically or
otherwise.
Section 5-3: 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
business days.
C. The purpose of these meetings shall be to resolve any dispute or difference in
interpretation and application of this MOU; provided, however, that the Conference
Board Meeting procedure shall not apply to an employee who has another grievance
procedure available under this MOU. A maximum of four employee members of
Department management and four employee members of the Association shall attend
these meetings. A representative of the Human Resources Department shall attend
these meetings to facilitate discussion and to act as secretary to the Conference Board
and record its work.
D. The Human Resources Department shall make arrangements for the meetings
which 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
business days in advance of the meeting.
E. Upon request of either the Association or the Chief, the Town Manager will be asked
to participate.
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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 that the matter be
referred to the Town Manager for a decision.
The request for referral to the Town Manager shall be in writing and shall be
made through the Human Resources Director. The request shall be made within
ten business days of the immediately preceding Conference Board meeting.
2. The Human Resources Director shall notify the other party of the request for
referral to the Town Manager and request written statements from both parties
setting forth each party's position on the issues in dispute. The written
statements shall be provided to the Human Resources Director within ten
business days of the Director's request.
3, The Town Manager, in his or her sole discretion, may also schedule a meeting
with both parties to discuss the issues in dispute.
4. The Town Manager may seek legal advice from the Town's Legal Department
regarding the issues in dispute.
5. Within ten business days of receipt of the written statements of the parties, the
Town Manager shall render a written decision regarding the issues in dispute.
6. The decision of the Town Manager is final and not appealable within any Town
process.
ARTICLE 6; WAGES AND BENEFITS
Section 6-1: Waqes
A. The Association and the Town will meet and confer regarding a fair and reasonable
pay scale for all employees.
B. All general salary increases, market adjustments, performance-based pay increases
or other modifications to employee wages, the Town's compensation plan and/or the
Town's salary schedule require the approval of the Town Council and are generally
considered within the broader context of the budget approval process for each fiscal
year. The amount of funds available for pay increases are subject to economic
conditions and the Town's ability to pay.
C. The Town and the Association agree that when the Town is in a financial position to
grant employee pay increases, as determined in the sole discretion of the Town, Town
and Department management shall recommend pay increases for employees, as the
Town deems appropriate and feasible, with the goal of remaining competitive in the
labor market for classification and compensation comparison approved by the Town
Council.
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D. Performance-Based Increases
1. If and when the Town impiements performance-based pay increases, officers,
sergeants and dispatchers shall be eligible for the performance-based pay
increase on the employee's anniversary date based on an evaluation of job
performance using the Town's performance management system.
2. If and when the Town implements performance-based pay increases, o�cers,
sergeants and dispatchers at the top of the salary grade for their position shall be
eligible for a lump sum bonus, in an amount determined by the Town Council, on
the employee's anniversary date based on an evaluation of job performance
using the Town's performance management system.
3. For the purposes of this section, the employee's anniversary date shall be the
date established in the Town's Personnel Policies and Procedures for the
employee's formal perFormance appraisal. An anniversary date shall not change
for a special assignment.
4. If and when the Town implements performance-based pay increases, civilian
employees covered under this MOU shall be eligible for the performance-based
pay increase based on an evaluation of job performance completed at the time
directed by Town management and in accordance with the Town's Personnel
Policies and Procedures, using the Town's performance management system.
Section 6-2: Special Assiqnment Pav
A. The Chief may, in his sole discretion, assign employees to special assignments.
The number, type and duration of any special assignments shall be determined by the
Chief, based on the operational needs of the Department.
B. Because employees serving in special assignment positions are generally required
to have additional knowledge, skills and ability for the positions, the Chief shall
recommend special assignment pay for those positions as a part of the DepartmenYs
budget approval process.
C. No employee shall receive special assignment pay for more than one position at any
given time, even if the employee is serving in two or more special assignments.
D. Any patrol officer or dispatcher assigned as a Field Training Officer (FTO) will
receive one hour of overtime for any shift during which the officer or dispatcher is
training a new employee.
Section 6-3: Dispatcher In Charqe (DIC)
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.
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Section 6-4: Overtime
A. Except as provided otherwise in this MOU, overtime for non-exempt employees
covered under this MOU shall be defined, computed, recorded and compensated as
provided for in the Fair Labor Standards Act (FLSA), state law, and the Town's
Personnel Policies and Procedures and/or Administrative Directives.
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. Compensatory time for non-exempt employees covered under this MOU shall not
accrue beyond 100 hours maximum.
Section 6-5: Court Pav
A. When an employee must attend court at a time other than the employee's regular
assigned shift, the employee shall receive a minimum of two hours compensation, or
compensation for the actual number of hours worked, whichever is greater. The
employee shall be required to comply with the court attendance verification system
prescribed by the Chief.
6. Court pay shall be paid at the employee's straight time rate of pay unless the court
time results in the employee working more than 40 hours in the seven-day work period
defined by Town policy, in which case the employee shall be paid overtime in
accordance with the FLSA, Town Personnel Policies and Procedures and
Administrative Directives and Section 6-4 of this MOU.
C. 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 grievance hearings pursuant to this
MOU and Town Personnel Action Review Board hearings.
Section 6-6: Jurv Dutv
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
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actual overtime worked, whichever is greater. Calculation of the actual hours worked
shall begin at the time of the call-out and shall include travel time to and from the place
the employee is directed to report to work.
B. Travel time shall not apply when an employee is working overtime that is scheduled
or planned in advance.
Section 6-8: Shift Differential 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 befinreen 6:00 p.m. (1800 hours) and 6:00
a.m. (0600 hours).
Section 6-9: On-Call Assiqnments; On-Call Pav
A. The Chief shall determine which positions in the Department are eligible for on-call
pay and the length, duration and rotation of on-call assignments.
B. Employees on-call shall be eligible for on-call pay of $1.00 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, and shall be paid at the employee's straight time rate of
pay unless the hours worked outside the regular work shift results in the employee
working more than 40 hours in the seven-day work period defined by Town policy, in
which case the employee shall be paid overtime in accordance with the FLSA, Town
Personnel Policies and Procedures and Administrative Directives and Section 6-4 of this
MOU.
Section 6-10: Canine Maintenance Pav
A. Sworn personnel assigned to the K-9 Unit and required to maintain a police service
dog for use in connection with the perFormance of his/her law enforcement duties shall
be compensated a total of four hours on a weekly basis for the routine care and
maintenance of the dog, including bathing, brushing, exercising, feeding, grooming,
related cleaning of the dog's kennel or transport vehicle and similar activities performed
by the K-9 officer at home on workdays as well as on days off duty and during vacation
periods in which the K-9 officer continues to care for the dog. During vacation periods
in which the care of the dog is performed by another party, such as a kennel, the K-9
officer shall not receive canine maintenance pay.
B. For non-routine care of the dog, such as veterinary appointments, K-9 officers shall
be compensated for the actual time spent performing the non-routine care, whether
performed on or off duty. Whenever possible and when the operational needs of the
department and the safety of the community are met, veterinary appointments shall be
scheduled during on duty hours.
C. Routine and non-routine canine maintenance pay shall be paid at the K-9 officer's
straight time rate of pay unless the hours worked in canine maintenance results in the
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officer working more than 40 hours in the seven-day work period defined by Town
policy, in which case the officer shall be paid overtime in accordance with the FLSA,
Town Personnel Policies and Procedures and Administrative Directives and Section 6-4
of this MOU.
Section 6-11: Waqe 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 for the fiscal year that
begins July 1, 2013. Either the Association or the Town may request a review of the
provisions of Article 6 of the MOU rela#ed to wages, by providing written notification to
the other party by December 15, 2012. 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 calendar days of the receipt of
the notice, the representatives shall hold an initial meeting and shall conclude all
discussions regarding wage issues by March 15, 2013. If the parties cannot agree on
proposed changes to wages, 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 wages 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: WORKING CONDITIONS
Section 7-1: Shifts
Employees shall be assigned to work shifts that the Chief determines are best for the
Department. Notification will be given as reasonably practicable.
Section 7-2: Leaves
A. 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.
B. 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.
C. 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.
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When trading shifts, the Town will incur no liability for overtime except for extended
shifts.
Section 7-3: Pavment of Sick Leave at Death
Upon the death of an employee, the employee's designated beneficiary shall be paid for
50% of the employee's accrued sick leave at the employee's regular base rate of pay at
the time of death.
Section 7-4: Uniform, Clothinq and Equipment
A. Upon hire, the Town shall provide all uniforms or specified work attire and equipment
mandated by the Chief for a particular position, sworn or civilian, to any new employee
hired into that position.
B. All sworn employees shafl receive a uniform and equipment maintenance allowance
of $1,200.00 per fiscal year, half to be paid in July and half to be paid in January. This
fiscal year allowance shall be prorated for new employees hired after the beginning of a
fiscal year.
C. All civilian employees who are required by the Chief to wear specified work attire
during the performance of their duties shall receive a work attire allowance of $600.00
per fiscal year, half to be paid in July and half to be paid in January. This fiscal year
allowance shall be prorated for new employees hired after the beginning of a fiscal year.
Section 7-5: Alternative Work Assiqnments/Liqht Dutv
Employees with an on-the job injury shall be given preference for an alternative work
light duty 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 other alternative work
assignment available.
Section 7-6: Take-Home Vehictes
The Town and the Association agree that the visible presence of the Department in the
community contributes to the public's perception of safety. In addition, employees
serving in certain 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. Sworn personnel who reside within a ten mile radius of the corporate limits of the
Town shall be eligible for a take-home marked or unmarked vehicle.
B. Personnel in the following assignments shall be eligible for a take-home marked or
unmarked vehicle:
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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 Crime Scene Specialists
5. Sworn personnel assigned to the Motors Unit
6. Sworn personnel assigned to the K-9 Unit
7. Sworn personnel assigned to Emergency ManagemenUHomeland Security
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. The Association and its members
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 who violates the provisions of this
Article is subject to discipline, up to and including termination.
ARTICLE 9; MISCELLANEOUS
Section 9-1: Savinq 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 substitute
provision or agree that a substitute provision is not to be included.
Section 9-2: Senioritv
The Marana Police Depa�tment follows a hierarchal rank structure and for department
purposes seniority is determined first by rank, second by aggregate time served in rank,
and third by aggregate time served on the Department.
A. Vacation and Other Leave Scheduling Preference
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1. Seniority for all employees will be considered when scheduling vacation leave
and other days off.
2. In the event that two or more employees, with the same rank and tenure, request
the same time off at the same time, the tie-breaker process outlined in Town
Personnel Policies and Procedures Section 8-1-6(A)(2) shall be followed.
B. Scheduling Preference
The shift bid process is conducted on a bi-annual basis for Sergeants, Lead Police
Officers and Patrol officers assigned to uniform patrol squads. Shifts will normally be
assigned for a six-month period, except as determined otherwise by the Chief. The
conduct and control of the shift bid process for Officers, LPOs and Sergeants shall be
the responsibility of the Operations Lieutenants.
1. Seniority for all employees wi11 be considered when selecting shift assignrnents.
2. No allowance shall be made for experience with another agency.
3. Eligibility to bid for an upcoming shift shall only be available to employees who
have completed probation with MPD as of the start of the new shift year.
4. Breaks in service shall be calculated so that date of hire information correctly
reflects actual time in grade.
5. If an employee leaves the Department and then is re-employed more than
30calendar days after his/her separation from the Department, the employee's
time served with the Town prior to leaving the Department will not be consider in
determining the employee's seniority for shift bid.
6. Conversely, if an employee leaves the Department and then is re-employed
within 30 calendar days after his/her separation from the Department, the
employee's time served with the Town prior to leaving the Department will be
considered for purposes of determining seniority for Shift Bid.
7. Moves from one squad to another require approval from the Operations Chain of
Command.
8. When an LPO slot becomes available during the year, LPOs currently assigned
rnay request transfer to that opening. Newly assigned or transferred LPOs will
thereupon fill the remaining available slot. Such rnoves require approval from the
Operations Chain of Command.
9. When a sergeant slot becomes available during the year, sergeants currently
assigned within the affected division may request transfer to that opening. Newly
assigned or transferred sergeants will fill the remaining available slot. All such
moves require approval from the Division's chain of command.
MOU 7I1/12-6/30/2014
Page 21 of 23
10.In all of these situations, the needs of the depa�tment will be the overarching
consideration in determining whether or not a transfer will occur.
C. The final decision on all shift or squad placements shall rest with the Operations
Lieutenants; no appeal shall proceed beyond the Lieutenants, unless the decision is in
violation of policy. Operations supervisors will determine the district assignment of
personnel and may make rotations of district assignments as necessary.
Section 9-3: Term and Effect of MOU
A. This MOU shall be
approval by the Mayor
through June 30, 2014.
and remain in full force and effect, following adoption and
and Council, beginning with the 1st pay period in July 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:
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 calendar 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 by the Town Councif and will remain
in effect until the amended MOU expires or unless and until the MOU is further
amended.
D. If any section or provision of this MOU violates existing Federal, State, or Town law,
then such law shall supersede such provisions or sections.
E. The lawful provisions of this MOU are binding upon the parties for the term of this
MOU.
F. This MOU constitutes the total and entire agreement befinreen the parties and no
verbal statement shall supersede any of its provisions.
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Page 22 of 23
G. 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.
APPROVED AND ADOPTED BY THE
OF MARANA, ARIZONA.
t�'
Mayor Ed Hone
Dated: � "�
MAYOR AND COUNCIL OF THE TOWN
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
' �� , �� ��
�A.►v�� ,,.
�
•- �_� � • .•-
Dated:
ATTEST:
:'�
�
Frank
,r'`
�nson, Town Clerk
D AS TO FORM:
�?-,�''� ^1
�
,
r` �;�� .� ( l
�idy, Town Att e�
MARANA POLICE OFFICERS'
ASSOCIATION
�
Mario Wil iams, President
Dated: 7t �2
MOU 7/1/12-6/30/2014
Page 23 of 23