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Home My WebLink About10/16/2012 Council Agenda PacketMARANA TOWN COUNCIL Amended on October 16, 2012 at 4: 00 p. m. - REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 16, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on October 16, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COLJNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesv to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - October 16, 2012 - Page 1 of 113 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, October 15, 2012, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA C�l I�� CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda.�� -lj PROCLAMATIONS 2012 Cities and Towns Week Proclamation� y� r� ��(,�lG�.e. �(/ f�o (o�;�C, �bu MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS T�Z �� ,DNAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS � �� P 1: Presentation: Relating to Community Partnerships; update on the Open D�rs ��p ;�� Com}��{ty Sch� 1 and Arizona Youth Partnership (Del Post )�a �� y��l�� J �Ol t� 5 �c. �r • � " CONSENT AGENDA 1 n �,(� Y V�' The Consent Agenda contai s items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Regular Council Meeting - October 16, 2012 - Page 2 of 113 Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Resolution No. 2012-077: Relating to Emergency Management; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the American Red Cross regarding cooperation and support in preparing for and responding to disasters (Tom Ellis) C 2: Resolution No. 2012-078: Relating to Floodplain Management; Approving and authorizing the Mayor to execute the First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement (Frank Cassidy) C 3: Resolution No. 2012-079: Relating to Development; approving a final plat for Tortolita Reserve (Kevin Kish, AICP) C 4: Resolution No. 2012-080: Relating to Administration; approving and authorizing Added Late the Mayor to execute an intergovernmental agreement between the Town of Marana and Pinal County regarding Town employee participation in the Pinal County "Safety Roadeo " (Orville Saling) C 5: Approval of September 18, 2012 Special and Regular Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a new Series 10 (Beer and Wine Store) liquor license application submitted by Randy G� I�� Nations for Sprouts Farmers Market #21 located at 3860 W. River Road, Number 5. (Jocelyn C. Bronson) L 2: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses Added Late & Control regarding a special event liquor license application submitted by Dillon Douglas Taylor on behalf of Northwest Firefighters Local #3572 Member Services for � I�� holiday banquet and fundraiser for local charities. (Jocelyn Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Presentation: Relating to Personnel; discussion and consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Benefits (Suzanne Machain) �� —�j y � � �-6 D 2: Relating to Le�islation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Regular Council Meeting - October 16, 2012 - Page 3 of 113 E 2: Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT J � � �7;�� Regular Council Meeting - October 16, 2012 - Page 4 of 113 .' ,- �- � : � � � F � * � � : ,�. -•� I @r � h.T � x �{ - � u'�, ,x , rF � k � j' ,a y S � _ _ ; .�� _{ .,La _ �� 4 � � is � i '� + .,.*} `1� u � _ f � �,�� - � � - <*'��} . � , ^,... . '{�' a �v M • "`7 :�. .. � S �� 2 b o- � #. 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"'�:�•� ,�°,` ,. � ... � � . , �" ypS' t � �.,..� ..�,y 3bsd�. g �< . a �� R i� ° a . � �� p .5. ; � Ot �� ..� ,� . rt.. v� r �' � �` #' r .: Z ,� � c 31� � • � : , ti : � _, : *'� '' -V � �� = O Sy��' ,,z-+�. s ',� ' . .. . y_ . � , � t �$. . 0. �� .. w� '.�:�� y�r� _..� � .;� �� . � � , z�P.� �� a � " �� 4 �;� � �� "s.< �'y �� . :;�.,„.,._...,x , s �� x, � � � R �� ' .,"�*�� F N � � "�",� : g �� ' � �� '��a �n - �°��'�� ,��' ��. .. �u� , � � �t f, � : � MARANA TOWN COUNCIL Amended on October 16, 2012 at 4: 00 p.m. - REGULAR COLTNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 16, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public an October 16, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - October 16, 2012 - Page 1 of 113 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, October 15, 2012, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS 2012 Cities and Towns Week Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Relating to Community Partnerships; update on the Open Doors Community School and Arizona Youth Partnership (Del Post ) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Regular Council Meeting - October 16, 2012 - Page 2 of 113 Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Resolution No. 2012-077: Relating to Emergency Management; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the American Red Cross regarding cooperation and support in preparing for and responding to disasters (Tom Ellis) C 2: Resolution No. 2012-078: Relating to Floodplain Management; Approving and authorizing the Mayor to execute the First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement (Frank Cassidy) C 3: Resolution No. 2012-079: Relating to Development; approving a final plat for Tortolita Reserve (Kevin Kish, AICP) C 4: Resolution No. 2012-080: Relating to Administration; approving and authorizing Added Late the Mayor to execute an intergovernmental agreement between the Town of Marana and Pinal County regarding Town employee participation in the Pinal Counry "Safery Roadeo " (Orville Saling) C 5: Approval of September 18, 2012 Special and Regular Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a new Series 10 (Beer and Wine Store) liquor license application submitted by Randy Nations for Sprouts Farmers Market #21 located at 3860 W. River Road, Number 5. (Jocelyn C. Bronson) L 2: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses Added Late & Control regarding a special event liquor license application submitted by Dillon Douglas Taylor on behalf of Northwest Firefighters Local #3572 Member Services for holiday banquet and fundraiser for local charities. (Jocelyn Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Presentation: Relating to Personnel; discussion and consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Benefits (Suzanne Machain) D 2: Relatin t�Le�islation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Regular Council Meeting - October 16, 2012 - Page 3 of 113 E 2: Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Regular Council Meeting - October 16, 2012 - Page 4 of 113 MARANA TOWN COUNCIL Amended on October 16, 2012 at 4: 00 p.m. - REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 16, 2012, at or after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, Council Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on October 16, 2012, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, ll 555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesv to others. please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meetin�s If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibilitv To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, Regular Council Meeting - October 16, 2012 - Page 1 of 113 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, October 15, 2012, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector/document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS 2012 Cities and Towns Week Proclamation MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Presentation: Relating to Community Partnerships; update on the Open Doors Community School and Arizona Youth Partnership (Del Post ) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Regular Council Meeti�g - October 16, 2012 - Page 2 of 113 Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Resolution No. 2012-077: Relating to Emergency Management; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the American Red Cross regarding cooperation and support in preparing for and responding to disasters (Tom Ellis) C 2: Resolution No. 2012-078: Relating to Floodplain Management; Approving and authorizing the Mayor to execute the First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement (Frank Cassidy) C 3: Resolution No. 2012-079: Relating to Development; approving a final plat for Tortolita Reserve (Kevin Kish, AICP) C 4: Resolution No. 2012-080: Relating to Administration; approving and authorizing Added Late the Mayor to execute an intergovernmental agreement between the Town of Marana and Pinal County regarding Town employee participation in the Pinal County "Safety Roadeo " (Orville Saling) C 5: Approval of September 18, 2012 Special and Regular Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a new Series 10 (Beer and Wine Store) liquor license application submitted by Randy Nations for Sprouts Farmers Market #21 located at 3860 W. River Road, Number 5. (Jocelyn C. Bronson) L 2: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses Added Late & Control regarding a special event liquor license application submitted by Dillon Douglas Taylor on behalf of Northwest Firefighters Local #3572 Member Services for holiday banquet and fundraiser for local charities. (Jocelyn Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Presentation: Relating to Personnel; discussion and consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Benefits (Suzanne Machain) D 2: Relatin t�o Legislation and Government Actions: Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Regular Council Meeting - October 16, 2012 - Page 3 of 113 E 2: Executive session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with the Town's attorneys and to instruct the Town's representatives concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Regular Council Meeting - October 16, 2012 - Page 4 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Subject: 2012 Cities and Towns Week Proclamation Discussion: ATTACHMENTS: Name: Description: � 2012 Cities and Towns Week Proclamation.doc Proclamation Staff Recommendation: Suggested Motion: Type: Cover Memo Item 1 Regular Council Meeting - October 16, 2012 - Page 5 of 113 �, � �af Ar��an� �� .� �� PROCLAMATION WHEREAS the citizens of the Town of Marana rely on local government to experience a high quality of life in our community; and WHEREAS local governments around the state of Arizona work 24 hours a day, seven days a week to deliver town services to create safe communities; and WHEREAS the methods of funding these vital town services are not always clearly understood by citizens; and WHEREAS it is one of the responsibilities of town officials to ensure that legislators, media and citizens understand their local government through open and frequent communication using various avenues and means; and WHEREAS it is important to work to encourage this connection and information citizens and state legislators of the importance of state-shared revenues in order to preserve the excellent delivery of services that our citizens have come to expect in our town; WHEREAS through education and awareness, citizens, community leaders and town staff can work together to ensure that services provided by the Town of Marana can remain exceptional elements of the quality of life of our community. NOW THEREFORE BE IT RESOLVED that the Town of Marana joins with the League of Arizona Cities and Towns and fellow municipalities across the state of Arizona in declaring October 22-26, 2012 as Arizona Cities and Towns Week. Dated this 16th day of October, 2012. �� Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Regular Council Meeting - October 16, 2012 - Page 6 of 113 11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: Mayor and Council From: Del Post , Deputy Town Manager Strategic Plan Focus Area: Community Item P 1 Strategic Plan Focus Area - Additional Information: Arizona Youth Partnership is an organization that may be able to support and further many of the Town's strategic initiatives related to the focus area of Community. Subject: Presentation: Relating to Community Partnerships; update on the Open Doors Community School and Arizona Youth Partnership Discussion: Arizona Youth Partnership established the Open Doors Community School in May of 2011 on Sandario Road in North Marana. Arizona Youth Partnership offers federally and state-funded programs at no cost in the Marana Unified School District. The mission of Open Door Community School is to equip students for academic achievement as they unlock their promise through an integrated focus on academics, life success skills and family/community engagement. Representatives of Arizona Youth Partnership have asked for this oppotunity to provide an informational presentation to the Mayor and Council regarding their organization and the status of operations at their new location on Sandario Road. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting - October 16, 2012 - Page 7 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: Mayor and Council From: Tom Ellis, Parks and Recreation Director Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Resolution No. 2012-077: Relating to Emergency Management; approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the American Red Cross regarding cooperation and support in preparing for and responding to disasters Discussion: On September 18, 2012, the Town Council adopted the Town of Marana Emergency Operations Plan (EOP). The EOP consists of a Base Plan, fifteen (15) Emergency Support Functions (ESFs) and several incident-specific and support annexes. The ESFs provide the methods and tools for collaboration in planning, communication, information sharing and coordination of activities before, during and after an incident. ESF #6 relates to Mass Care in an emergency. The purpose of ESF #6 is to coordinate efforts to provide emergency shelter, sleeping areas, feeding, and other relief supplies following a disaster incident. This ESF also supports a mass care shelter system that is responsible for coordinating emergency relief supplies and victim reporting and reunification within the Town of Marana. The primary agencies for ESF #6 are the Parks and Recreation Deparhnent and the Southern Arizona Field Office of the American Red Cross. The proposed memorandum of understanding provides the framework for the American Red Cross to cooperate with the Town as a coordinating/primary agency in preparing for and responding to disasters. Financial Impact: None ATTACHMENTS: Name: � Red Cross MOU Reso 2012- 077.DOC d TOM ARC MOU.odf Staff Recommendation: Description: Reso 2012-077 Southem AZ Chapter Red Cross MOU Type: Resolution Exhibit Staff recommends approval of the memorandum of understanding with the American Red Cross supporting the Town's Emergency Operations Plan, Emergency Support Function #6. Suggested Motion: I move to adopt Resolution No. 2012-077, approving and authorizing the Mayor to execute a memorandum of understanding between the Town of Marana and the American Red Cross regarding cooperation and support in preparing for and responding to disasters. Regular Council Meeting - October 16, 2012 - Page 8 of 113 MARANA RESOLUTION NO. 2012-077 RELATING TO EMERGENCY MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF MARANA AND THE AMERICAN RED CROSS REGARDING COOPERATION AND SUPPORT IN PREPARING FOR AND RESPONDING TO DISASTERS WHEREAS A.R.S. § 26-308(B) provides that each incorporated city and town of the state of Arizona shall establish and provide for emergency management within its jurisdiction in accordance with state emergency plans and programs; and WHEREAS on September 18, 2012, the Town Council adopted Resolution No. 2012-74 ap- proving an Emergency Operations Plan for the Town; and WHEREAS the Emergency Operations Plan includes 15 Emergency Support Functions (ESFs) which provide the methods and tools for collaboration in planning, communication, infor- mation sharing and coordination of activities before, during and after an incident; and WHEREAS ESF #6 relates to mass care in an emergency, with the purpose of coordinating efforts to provide emergency shelter, sleeping areas, feeding, and other relief supplies following a disaster incident; and WHEREAS the Town of Marana Parks and Recreation Deparhnent and the American Red Cross are the primary responsible agencies for ESF #6; and WHEREAS the Town Council finds that approving a memorandum of understanding be- tween the Town and the American Red Cross is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The memorandum of understanding between the Town of Marana and the American Red Cross attached to and incorparated by this reference in this resolution as Exhibit A is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. Marana Resolution No. 2012-077 1 10/16/2012 Regular Council Meeting - October 16, 2012 - Page 9 of 113 SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other tasks required or beneficial to carry out the terms, obligations and objectives of the memorandum of understanding. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16`" day of October, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-077 10/16/2012 Regular Council Meeting - October 16, 2012 - Page 10 of 113 Memorandum of Understanding Between The Southern Ar�zona Chapter of the American Red Cross and Town of Marana Regular Council Meeting - October 16, 2012 - Page 11 of 113 MEMORANI)UM OI+ UNll1.;RS"I'ANDING TH1S MLMOiZANUUM OF UNDrRSTANDiNG ("MOU" is n�ade a�id e;itered into �y and between the TOWN OF MARANn, aa� Arizona municipal co�poration (ihe " Taw�i" ) and t11cAMF..RICAN REn CROSS, a 501(c)(3) public charity (tlle "ARC"). The TOWN and the ARC are soinetimes refei•red to in this MOU as the "Parties." I. Purpose The purpose of this MOU is to defiiie a woi•king reIationship betweetl the An�ec•ican Red Cross and tl�e TOWN in preparin� fo�� a��d ��esponding ta disasters. This MOU provides the braad fi•amework fo�� cooperation and support between the ARC and the TOWN in assisting individuals and families who l�ave bce�i impactul by disaster and iia pz•ovidi�� otl�er humanitarian services. II. Parties A. Town of Marana Pursua�at to Arizo��a Revised Statutes (A.R.S.) � 26-308, the TOWN shall estabiish and provide for emergency managemer�t within its jurisdiction in accarda��ce with state einergency plans ai�d programs. In furtherance of this directive, A.R.S. � 26-308 provides that the TOWN may appropriate and expei�d funds, make contracts and obtain and distribute equipinent, inaterials and supplies for emergency purposes. B. American Red Cross Se�•vices fot• people atfected bv disaste�•s Founded in 1881, the American Red Cross is the nation's premier emergency �•espo►�se or�;anizatio�;. As part of a worldwide movement that offers neutral ax�d inlpartial humanitarian care, thc American Red Cross is the commu�lity-based organization tllat mobilizes people to aid victims of disasters with the aim of preventin� a�ad reiieving suffering. The ARC pravides disaster sex•vices without ��egard to race, color, national origin, religion, gender, age, disability, sexual orie��tation, citizenship or veteran status. It follows the Fui�dame»tal Principlcs of thc Intcrnational Red Cross and Red Crescent Movemel�t. The ARG is closely integrated i2ito cominunity response effot�ts, including tl�e ef#orts of federal, statc and loeal gover��ment and non-governinent or�;ai�izations. Our goal is to work with all partners to lead a well-ialte�rated, effective and ef#icient response to evei•y disaster. Tl�� ARC pmvides disaster se�vices pursuant to its Bylaws anci otlaer ia�tetnal policies and procedures as well as its Co»g�•essioi�al Clzarter (USC 36 �300101-3001 ] 1). In tlie Charter, Co�i��ess autlzorized thc ARC "to carry out a system of national and interi�ational relief in time of peace, and apply tliat syste�n i�� initi�atin�; the suffering caused by pestilence, famii�e, fire, floods, ax�d other �reat natio��al caIarnities, and to devisc and carcy out measures fo�• preve�ati��; those calamities." Followi�i�; a disaster, whether natural or Iluman-��ade, tl�e ARC will provide some or all of thc Regular Council Meeting - October 16, 2012 - Page 12 of � Q�031G14 , DoC / 3} 1 following services: l�ood, Slzelter arad En2er•gencv Supplies During a disaster, ou�� first priority is to ensurc; that people l�ave a safe piace to stay, food, and �Il1Ct'bCI1Cy SUpp110S. ARC WO2'ItS W1fI1 �OVCI'11111Li1t c121d C0117111U111t}� �aT�IleTS �O OpCII S�l��t�l where residents will �itid co�nfo�•t with a hat meal, recovery infor�nation, and a place to rest. F�r emergency workers and people retua•«i��g to tl�ei�• homes, the ARC mobilizes �mer�ency respanse vehicles from wliicla disastcr workeis clistribute food, water, and esseutiai clean-up items that ini�ht ��ot Ue iznmediately available in the commuiiity. Welf'are Inf'ormatiora Disasters ofte��. disrupt re�ular coma��unicatio�� channels aiid can separate families. Tllrough the ARC's nationwidc netwot•k of cl�apters, fa�l�ily meinbez�s inay request welfare i��foxYnatiox� re�;arding their Iov �c;d ones. The ARC "Safe and Well" Web site enables people within a disaster area to let their fai��ilies and friends outside of the affected i•egion know that they axe all rigl�t. Clients register on S�fe arr.d Well at www.redcross.ox•�/safea��dwell . During laige-scale disasters, ii�dividuals without interz�et access can calI 1-800-RED-CROSS to register. Clierzt Casewor-k and Recovesy Planning afid Assistance ARG provides individual client services through casework addressii�g disaster-related needs, witli particular attention to those who have experienced significant damage or ioss oftl�eir homes. This casework process helps the worker to assess tlie clienYs immediate needs, and connect tlie client with items, wl�ich may ii�clude referi•als to local resources ai�d/or finaricial assista�ice to mcet those needs. Tlae caseworker also en�ages the client in a brief plai�nii�g process wliich cail help identify action steps for the client to fotlow in the first few days or weeks after a disaster. ARC caseworkers protect client confide�itiality and wark ctosely with other or�anizations and gc•oups to ensure clients have access to all available resources. Disaster• Health aiad Mentczl Healtlt Sej-vices After an emer�ency, injux•ies can ezasue, essential �rescription medicizaes lost, and tlie shock and stress of sudden loss cai� overwllel�n a pez•so��'s a�o� coping skills. Tl�e ARC deploys licetised l�ealth a�ld mental health professioi�als who are trained and equi�ped to provide assistance at the time of a disaster. Disaster health services px�ofessio�ials can provide emergency first aid and �nedical assessment, triage and replacement of eziaerbexacy medications with item distributioza, financial assistance or referrals to commu�iity partncrs. Disaster mental health professio;ials provide me�ltal liealtli assessznents, crisis interve�itioal atid a syi�lpathetic ear to those in ��.eed. 2. Services related to the National Response Framework The American Red Crass is a co-lead for tlle mass care compone�it of Emergency Support Fui�ction #6 of tl�e National Respoa�se F�•an�ewo�•k. Iia this role, t�le ARC engages in a variety af activities to support statcs in their planning, coordinating and executin�; of �nass care prograins and strategies. The ARC also takes a leadersI�ip role in working with. other non-goven��aea�tal organizations and private co�npanies that provide sei�viccs during a disaste�•. Regular Council Meeting - October 16, 2012 - Page 13 of 4�03�.� 3.� . Doc / 3) 2 3. Orfzanization T11e Ainerican Red Cz�oss is a si�igle corporation, chat�tered by the United States Gongress to p�•ovide humanitarian services. Its a�ational headquarters, located in Wasi�in�;ton, D.C., is responsible for i�l�pleme►lting policies ai�d pracedut�es tl�at �;over�� ARC activities and provides aciininistrative; and technical oversigl�t and �uidance to the cl�artered uflits, wl�ic�1 include cl�apters and blood services regions. Eac11 chapter has certain authority and responsibility for cai7ying aut ARC disaster �reparedness and response activities, deliveriizg Iocal ARC setvices, and meeting corpoz�ate obligations withi�i the territorial jurisdiction assi�Fied to it. Each cl�apter is fa��liliaz• with tl�e l�a�ards of the locality and surveys local resau�•ces for perso��a�el, equipment, supplies, transportatian, emerbency communicatio��s, and f'acilities available for disaster relief. The chapter also formuIates cooperative pIans and procedures with local governinent agencies and pi7vate arganizations for relief activities should a disaster occur. Through its nationwide organizatio��, the ARC coordinates its total resources for use i�i larg� disasters. In order to provide these services, tl�e ARC may call on tlie Fedea•al, state or Iocal government for assistai�ce wi�en voluntary contributions are nat sufiicieiat to meet community �ieeds. III. Cooper•ative Actions The ARC and tlle TOWN will coordinate tl�eir respective disaster relief activities to maxiulize seivices to the community and avoici duplication of efforts in the followiti� ways: 1. Maintain close coorciii�ation, liaison, and support at all levels with confcref�ces, meetings, at;d other meaiis of com�nu��ticatio�a. lx�clude a repr�sentative of the otller party in appropriate co��imittees, planning groups and task fo;•ces for�ned to niitigate, prepare for, respo��d to, a��d recove�� from disasters ai�.d other emerg�ncies. Develop joint Standard Operatinb Procedures foi• notitication of disastei• and ea��exgency situations. 2. Durizi�; disasters and eme�•gencies, keep each other infoi of the human needs created by tl�e events and the se�•vices tliey are pc�ovidi��;. Share current data regarding disasters, to include statistical inforn�ation, historical ia�.for�natian, e�nergi�l�; needs a�id trends, daina�;e assessn�►e�ats, among others, and disastcr declarations, aiid service delivery. 3. During a disaste�� or emergeney situatio�l tlae ARC will, as appropriate at the request of the TOWN, provide liaison personnel to the TOWN Emergency Operations Center and any district Eine�•gency Operations Cei�tez�s du� a disaste�•. The TOWN will provide work space and, whei�ever passible, other required support, such as a co��putei•, e-mail access and a desi�;natcd phone line for the ARC Iiaison personnel assi�med to the Emergeiicy Operations Centers. 4. Tl�c TOWN will suppoi� the ARC in the use of the American Red Cross National S�ielter System (NSS) and the ARC wili coordinate shelter information shaz�in� and reporting with the T�WN. 5. The TOWN will facilitate the ARC's use of TOWN-owned fac'rlitics for sheltcrs and service delivery sites whereve�• possible. The terms a�id coiaditions ofsucl� use will be set forth in a Regular Council Meeting - October 16, 2012 - Page 14 of 1�1�o037.G1g . noc / 3} 3 separate agreeme�lt. 6. Wot�k together to develop plans ai�d secure �•csources to facilitate deiiveiy of services to people with disabilities aY�d/or fu��ctional and access n�eds duri�l� a disaster. 7. Actively participate in revicwing and carrying out responsibilities outlined in tl�e state and local emergency operatious plans. 8. Durinb the ti��e of disaster azzd readiness, kcep the public infoc of the parties' coop�t�ative effotts tl��•ou�h the public infai�nation offiecs of the ARC aud the TOWN. 9. Tlie TOWN recognizes tl�at the ARC is dependent upon volu��tary �ublic financial donations. la� accorda��ce witl� applicable Iaws and regulations, the TOWN will support tlle ARC a�ld work to�;ether, as appropriate, to acyuire necessary resources and identify funding sources that increase TOWN a�id ARC capacity to respond to disasters and emer�encies. 10. Advocate fo�• p��ogr and public �olicy/decisions, when approp��iate, desi�;ned to mitigate disaste�• damage a��d loss of life in the TOWN. 11. Encourage TOWN residents to suppai� the needs of hospital patients with blood donations when appx�opriate. 12. Actively seek to determi�le other areas, p�•ojects, and services within the ARC a�id tlxe TOWN where eooperation and suppoi� will bc mutually beneficial with jointly defia�ed goals and objectives. 13. Use o�• display the i�ame, emblem, or trademarks of the ARC or the TOWN only in tlie case of defined projects and only with the prior cxpress writt�ia consent of the other orbanization. l4. Make training, educational and otl�er developmental opportunities available to the other party's persoimel and cxploa•e trainin�; ai�d exercises. Encourage all staffand voluntee�•s to ei�gage i�� trai��ing, exercises, and disastei• response activities, as appropriate. 15. ExpIare �pportunities for collaboration to provide community, family, and citizen disaster prepa�•edness within tl�e TOWN. 16. Allow the use of each other's facilitics, as available and if ag;•eed upon i�� writi�a�;, for the purpose of preparedi�ess traini�lg, ineetii��;s and response and z•ecavery activitics. 17. Widely dista this MOU within the ARC's and the T4WN's departments and adminish•ativc offices and urge fUll cooperation. 18. The ARC will support tlae TOWN in i�itegratin� the efforts of the i�on-�overn��ie;t�tal orba�iizations (NGOs) that providc rnass care services duriaig response operations. 19. The ARC wiil assist i�� the T�WN respoi�se to e�ner�;encies and disasters with a�esponsibilities in support �f Emerbency Sup}�ort Fu�lctions (ESF} 6& 8. Regular Council Meeting - October 16, 2012 - Page 15 of 1�1�a3161�1. voC / 3)� 20. Tl�e ARC will, as appropriate, at tl�e i•equest of the TOWN assist the Tnass cai•e lead agency in �nass care plannin� and respo2�se coordination witl� other nan-govcrnmental or�;anizations (NGOs). 21. Jaintly develop Staa�dard Operating Pt•ocedures (SOPs) tliat standardize recurring tasks az�d responsibilities for each En�ergency Support Functia�i for which the ARG is identified as a support agency ii� the Town Eme��gency R�sponse Plai�. VIII. Periodic Review The parties wilI, o�i an annual basis, on or arouxad the anniversary date of this MOU, jointly evaluate tlleir pro�,� in impleme�ltinb this MOU and i•evise and develop new plans or boals as approp� IX. Term and Termination. Tliis MOU is effective as of tl�e si�natu��e date of thc last Pa��ty to sign this MOU and shall reix�ain ii� effect tbr five years. Six ��ontl�s prior to expiration, the parties will meet to review the progress and success of the cooperative effort. Iti cannection with such review, tbe parties may decide to extcnd this MOU for an additional period nat exceedii�g tive years, and if so shall confinn this in a signed writiXag. Tl�is MOU may be t��ni�iated by written notificatio�� froin either party to the other at at�y time and for any rcasoi� or for no reason. X. Miscellaneous This MOU does not create a partciership or a joint venture and does not create a��y financial eomrnitments fi•om ane pai to the other. Neither party has the authority to bind tlie other to any obligation. lt is not intended that this MOU be enforceable as a matter of law in a��y court or dispute resolution forum. The sole remedy for non-perfannance under this MOU shail be tennii�atiai�, with no damages or penalty. (SIGNAT`URE PAGE �(?LLOWS] Regular Council Meeting - October 16, 2012 - Page 16 of 1�1�30031614 . noc / 3}� TOWN OF MARANA The Ameriean Red Cross By: By: ��c�,. � � � 1,•�.,�� (Signature) {Si�;natu�•e) Nanae: Ed Honea Name: Richard WlYite Title: Mayar Title: CEO Date Date: �L — � �-- •` � � ATTEST: Town Clerk Date APPROVE� AS TU FORM: Town Attorney Date Regular Council Meeting - October 16, 2012 - Page 17 of 1��0031 G7.9 . noC ! 3}� 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: From: Mayor and Council Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2012-078: Relating to Floodplain Management; Approving and authorizing the Mayor to execute the First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement Discussion: The original San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement was approved by the Council on September 20, 2011, to facilitate the maintenance of the San Lucas floodwall. The floodwall was constructed to remove San Lucas from the 100-year FEMA floodplain. The original agreement provided for the San Lucas homeowners' association to create a bank account and make annual deposits for the benefit of the Town of Marana, to defray any operation and maintenance costs associated with the floodwall. This first amendment modifies the agreement to provide for the funds to be held directly by the Town's Finance Department. The Town's Legal Department now prefers for accounts of this type, which are created to assure a developer's financial obligations associated with a development project, to be held directly by the Town whenever possible. Earlier this year, a bank account set up for the Town's benefit for a different development project was the subject of a bankruptcy hearing questioning the Town's rights to the account's proceeds. Issues raised in the bankruptcy hearing would have been avoided if the funds had been held directly by the Town. ATTACHMENTS: Name: � San Lucas Reso No 2012-078.DOC d San Lucas floodwall maintenance aareement amendment (0003147 (San Lucas floodwall maintenance aqreement amendment �0003147111.DOC Staff Recommendation: Description: Resolution No 2012-078 Exh A to Reso_San Lucas Floodwall Maint Agt Amendment Type: Resolution Exhibit Staff recommends adoption of Resolution 2012-078, approving and authorizing the Mayor to execute the First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement. Suggested Motion: I move to adopt Resolution 2012-078, approving and authorizing the Mayor to execute the First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement. Regular Council Meeting - October 16, 2012 - Page 18 of 113 MARANA RESOLUTION NO. 2012-078 RELATING TO FLOODPLAIN MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO SAN LUCAS FLOODWALL MAINTENANCE AND INGRESS-EGRESS EASEMENT AGREEMENT WHEREAS the Town of Marana, Fidelity National Title Agency, Inc., as Trustee under Trust No. 60,365, and San Lucas Homeowners Association entered into the San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement (the "Original Agreement") on September 20, 2011; and WHEREAS the Federal Emergency Management Agency (FEMA) created draft revised floodplain maps for the area that includes San Lucas in September 2007; and WHEREAS paragraph 3 of the Original Agreement provided, among other things, for San Lucas Homeowners Association to establish a reserve account ("the Account"), naming Marana as co-owner; and WHEREAS the parties to the Original Agreement now prefer for the Account to be held, maintained, and managed directly by Marana; and WHEREAS the Mayor and Council find that the best interests of the Town of Marana and its citizens are served by the approval and execution of the amendment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO WN OF MARANA, ARIZONA, that the "First Amendment to San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement" between and among the Town of Marana, Fidelity National Title Agency, Inc., as Trustee under Trust No. 60,365, and San Lucas Homeowners Association, attached to and incorporated by this reference in this resolution as E�ibit A, is hereby approved, the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana, and 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 amendment. Marana Resolution No. 2012-078 Page 1 of 2 9/ 10/2012 2:00 PM FC Regular Council Meeting - October 16, 2012 - Page 19 of 113 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16 day of October, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2011-078 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 9/10/2012 2:00 PM FC Regular Council Meeting - October 16, 2012 - Page 20 of 113 FIRST AMENDMENT TO SAN LUCAS FLOODWALL MAINTENANCE AND INGRESS-EGRESS EASEMENT AGREEMENT THIS FIRST AMENDMENT ("Amendment" is entered into by and between the TowN oF MARANA, an Arizona municipal corporation ("Marana �), FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,365 (the "Owner"), and SAN LUCAS HOMEOWNERS ASSOCIATION, an Arizona non corporation ("San Lucas HOA"). Marana, the Owner, and San Lucas HOA are sometimes collectively referred to in this Agreement as the Parties, any one of which is sometimes individually referred to as a Party. RECITALS A. The Parties entered into the San Lucas Floodwall Maintenance and Ingress-Egress Easement Agreement (the "Original Agreement") on September 20, 2011, recorded in the office of the Pima County Recorder at Sequence No. 20112800059. B. Paragraph 3 of the Original Agreement provided, among other things, for San Lu- cas HOA to establish a reserve account ("the Account"), naming Marana as co-owner. C. The Parties now prefer for the Account to be held, maintained, and managed by Marana in accordance with this Amendment. AGREEMENT Now THEREFORE, based on the foregoing recitals, which are incorporated here as the intention of the Parties in entering into this Amendment, and in consideration of the terms of the Original Agreement and this Amendment, the Parties hereby agree as follows: 1. Establishment and Management of the Account. Paragraph 3 of the Original Agree- ment is hereby amended by deleting subparagraphs A and B and inserting the follow- ing in their place: A. Marana's Finance Department shall hold, manage and provide a separate ac- counting ("the Account") for funds provided by the San Lucas HOA as required by, and subject to the terms of, this Agreement. B. [Reserved] 2. Effect of Amendment. Except as expressly modified by this Amendment, the terms of the Original Agreement shall remain in full force and effect. 3. Recordation. This Amendment shall be recorded in the official records of Pima County, Arizona. {00031471.DOC /} SAN LUCAS FLOODWALL AGREEMENT AMENDMENT 9/7/201210:00 AM FJC -1- Regular Council Meeting - October 16, 2012 - Page 21 of 113 4. Effective Date. This Amendment is effective when it has been fully executed on be- half of all of the Parties. 5. Conflict of Interest. This Amendment is subject to A.R.S. � 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF the Parties have duly executed this instrument below. "MARANA" TOWN OF MARANA Ed Honea, Mayor Date: ATTEST: Jocelyn Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney The "OwivER" FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as Trustee under Trust No. 60,365 : [Print Name & Tide] Date: "SAN LucAS HOA" SAN LUCAS HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation : [Print Name & Title] STATE OF ARIZONA County of Pima ) SS. ) Date: This instrument was acknowledged before me this day of , 2012 by , the Trust Officer of FIDELITY NATIONAL TITLE AGENCY as Trustee under Trust No. 60,365 (Notary seal) Notary Public {0oo314n.DOC /} SAN LUCAS FLOODWALL AGREEMENT AMENDMENT 9/7/201210:00 AM FJC -2- Regular Council Meeting - October 16, 2012 - Page 22 of 113 STATE OF ARIZONA County of Pima > SS. ) This instrument was acknowledged before me this day of , 2012 by , the of and SAN LUCAS HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation, on behalf of the corporation. (Notary seal) Notary Public {00031471.DOC / } SAN LUCAS FLOODWALL AGREEMENT AMENDMENT 9/7/201210:00 AM FJC -3- Regular Council Meeting - October 16, 2012 - Page 23 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: Mayor and Council From: Kevin Kish, AICP, Planning Director Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2012-079: Relating to Development; approving a final plat for Tortolita Reserve Discussion: Historv On November 15, 2011, Resolution No. 2011-104, the preliminary plat for Tortolita Reserve, was adopted by Mayor and Council. Request The applicant requests final plat approval for a 79-lot single family detached subdivision on approximately 39 acres. Location The site is generally located on the west side of Tortolita Road, approximately 1/2 mile north of Moore Road. Zonm� This property is subject to Ordinance No. 97.03, a rezoning of the subject property from Zone "C" (Large Lot Zone) to "R-8" (Residentia18,000 square foot minimum lot size). The proposed subdivision is subject to the conditions of the rezoning ordinance. Project Descri tU ion The Tortolita Reserve final plat proposes 79 single family lots with the smallest lot size of 8,128 square feet (Lot 16) and an average lot size of 9,440 square feet. Future housing will be subject to the Town of Marana Residential Design Standards. No disturbance restrictions were required per the rezoning ordinance, but the applicant is proposing to provide approximately 12 acres (30%) of Natural Undisturbed Open Space. The adopting ordinance limits the residences per acre (RAC) to 4; the current plan has a RAC of 2.02. Proposed on-site recreational facilities are 15,372 square feet, which surpasses the required 14,615 square feet. The applicant is proposing a recreational area consisting of a ramada, grill, and open turf area framed by a paved trail that will connect with the neighborhood sidewalks. A Homeowner's Association will be formed to take responsibility for maintenance, control, safety and liability of drainageways, drain easements, and common areas. Transportation All roads within the subdiviison are proposed to be public and dedicated to the Town of Marana. This project will have two access points from Tortolita Road. The typical street section is the Town's standard, which is a 46-foot wide right-of-way, with 32 feet of pavement, two feet of rolled curb, and a Regular Council Meeting - October 16, 2012 - Page 24 of 113 five-foot sidewalk on each side of the street and provides for parking on both sides of the street. Impact Fee Area The developer will be responsible for all applicable park and regional transportation impact fees payable at building pertnit issuance. ATTACHMENTS: Name: Description: [� Tortolita Reso No 2012-079.doc Resolution � Tortolita Reserve FP Map_pdf Map � Tortolita Reserve FP A�plication.adf application � Final Plat.odf Final Plat Staff Recommendation: Staff recommends approval of the Tortolita Reserve final plat. Type: Resolution Backup Material Backup Material Backup Material Suggested Motion: I move to adopt Resolution No. 2012-079, approving a final plat for Tortolita Reserve. Regular Council Meeting - October 16, 2012 - Page 25 of 113 1/:::\: : � �\ \� I I ' RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR TORTOLITA RESERVE, LOTS 1-79, COMMON AREA `A' (RECREATION, OPEN SPACE), COMMON AREA `B' (DRAINAGE), AND COMMON AREA `C' (NATURAL UNDISTURBED OPEN SPACE. WHEREAS, Lennar Arizona, Inc., has applied for approval of a final plat for a 79-lot single-family residential subdivision on 39.12 acres, including lots 1 through 79 and Common Area `A' (Recreation, Open Space), Common Area `B' (Drainage), and Common Area `C' (Natural Undisturbed Open Space) generally located on the west side of Tortolita Road, approximately '/2 mile north of Moore Road. WHEREAS, on November 15, 2011, the Mayor and Town Council adopted Resolution 2011-104, the preliminary plat for Tortolita Reserve; and WHEREAS, on April 1, 1997, the Mayor and Town Council adopted Ordinance 97.03, the Cox Rezoning encompassing approximately 40 acres; and WHEREAS, the Marana Mayor and Town Council, at their regular meeting on October 16, 2012, determined that the final plat for Tortolita Reserve, Lots 1-79 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the final plat for Tortolita Reserve, Lots 1-79 is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Maxana, Arizona, this 16 day of October, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson Town Clerk Marana Resolution No. 2012-079 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 10/16/2012 Regular Council Meeting - October 16, 2012 - Page 26 of 113 �� ii�� - ' ll��o�� Tortolita Reserve Finai Plat ��,�� : �� CASE PRV � -,�� -�.�.,`� �: ��.�,��:��_�� . � �� ; .� �� .� ; �� a�� , ; �� ,,,„.�.- `� � _ � �� w.F7.<_e Cr��:�eC:v° �,.:.. . � .. .�. �» 'q �. . r ^as e' � .. . . ,.�� • �. �< ,..� � .. . . . � . . �� K ' Q . .... . , . � � � � .00 � ' `�� z : . � . : e v e � ^ s °^ i # F Q n � „s . �� 'a , � �T.�y�i"+'� x ��` y S w�i h��' "+ � , � fi' �F'1`��`.� '� W.� �� . ��fr r �4 {,2`F' �y� � �t.d.� �;,�w, . . ..�`'�� >�°. ' ,,.�, �..,,.�:. ��«!��,��,�^4 "'s"+'�d . �¢ � � k � A} ��. a r� Y,�` �"�c e > � a € 9 g„�a r ' s � ;� ��'" � �.. s -` � � r � _ . > .e. z�.�.� �� , �� :�a� g�. .... € ��, � �f e�. � � � . ��„*�k.�� " '; � � ° �a ; a P�� , Request __ a 1100 zzooft. M A request for approval of a final plat on approximately 39 acres to create a single -family residential subdivision. consisting of 79 lots and Common Areas 'A' thru 'C'. The proposed subdivision is generally located west of Tortolita Road and 1/2 mile north of Moore Road. Data Disclaimer: The Town of Marana provides this map information'As Is' at the request of the user with the understanding tha[ is no[ guaran[eed to be accurate, correct or complete and conclusions drawn hom such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,inciden[al or consequa�ntial damages, including but not iimited to time, money or goodwill, arising from the use or modification of the data. Regular Council Meeting - October 16, 2012 - Page 27 of 113 r.�"��. �� PLANNING c4i �NGTNEERIIVtY APPI,ICATYON �`�/ I '� i. 'r��=r c�r n�?��.. �c;.�.�rc�rr ��c�r �a�� _ ❑ P�eliinia�ry Plat �I'in�l PJat ❑ Generat Plan Amet�dtiient ❑VFlY1.1itCG ❑ ITevelopment Plan ❑ SWPP ❑ La�tdsc�pe P1�2� ❑ Native Pl�ttt Pertnit ❑ S�ecific Pla�� Anse�idment [� Cont{itional Use Permit ❑ K�zonelSpeaifc Plaai ❑ NAl1YC T��111t I:XCC�ti013 ❑ Si�nifie�tnt I.afid l�s� Cttange ❑ Minor Lanci Divisiaia ❑ V1�ter T'lan ❑ Annexatim� ❑ .S�1CG1f1C P��il ❑ tet�pt�ovemeni Plan (snecii'y�vpe in Dessrip4ioi� of Pi�oject t�ox*)(� Otl�er 2. (;�i'�R�12A1.1):�'T"!� t��.(�I)�tt�I� �,,.�, _�—.. � �� tss�s�rs��`� I'�r��l 218-�t�-U23tt; t123C:, b2��,, {��4 �25t� G�;«�;r�tl t'I�i�� t)csi� t�3ti��d�c�� °t'� G� cc�� i►��t��t � st�;#'#�! _ �^��ass �r�� {A��l�c�. �'t.) 3�.1� �cr�s/`t,7Q�1,221 sf t�a��v��t Z��i�� TL-� 4 �'�'o b� �:c�n��t�ccl �� st�f�} _ �._. I�eve{a�tnent/i't•oject N�trie Pr��jeCt Lc�c�tic�t� [7c�cr��tiat� �of 1��c�,�� Prapc��3� ��*�l+�r �t��t Add��e�s �;1�� U�S�tt C:ar�t€�ct I'e�`san �4��ic�ttti Sireet tl�t€��s� City Tt��st�� tt�ct P�rsc�n l��C11k1�C}7i'�3Ci1��t1�'G � m... 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(it° scat a��°��et� of �°ec�s�rEl� mi��l� ��°itt�a� a►t�tl�s��i�s�tic�� i"�� l�e ��m��.} k �� _ _�� ,�.�», �,'� �`�;; � � _� $ �� :?., W �, ��,.�.�� .. � ��...�,.. � � .�.�._ .M.� l-� ;...� #'i sa�t �:��n�es �u��al�c�i�tf��;��t �� r��t�ar�� t�� t I 0 33 � . C�sseic��, �� P � � ' _ __,....,� It��ivc�i ral�: :� � . � � ��r�� ('�,VIZ� � � � _. � l�e+�civ��# �� '° � 11.'�SS W. �i� r1� ■ 3-?��33*"t'�l�etafl�cr►ic (S�tJ) 3S�-��i��1�t��x (��) �� 1 Regular Council Meeting - October 16, 2012 - Page 28 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: From: Mayor and Council Orville Saling, Public Works Director Strategic Plan Focus Area: Progress and Innovation Item C 4 Strategic Plan Focus Area - Additional Information: Create an organization of excellence. Enhancing employee education and professional development. Subject: Resolution No. 2012-080: Relating to Administration; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pinal County regarding Town employee participation in the Pinal County "Safety Roadeo" Discussion: The Town of Marana wishes to enter into an intergovernmental agreement with Pinal County in order to allow Public Works staff to participate in a safety training for operation of equipment as part of the Pinal County annual Safety Roadeo. A newsletter explaining the Safety Roadeo competition is included within the Council materials for Council's further information. Financial Impact: The Town will be responsible for paying for registration fees for participating employees. The fee for this year's Roadeo is $20 per employee. ATTACHMENTS: Name: I� Roadeo Reso 2012- 080.DOC � 00031867.DOC � Newsletter Agencies.pdf Staff Recommendation: Description: Resolution 2012-080 Exhibit A- IGA w/Pinal Co re: Safety Roadeo Pinal Co. newsletter re: Safety Roadeo Staff recommends approval of the proposed IGA. Suggested Motion: Type: Resolution Exhibit Backup Material I move to adopt Resolution No. 2012-080 approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and Pinal County regarding Town employee participation in the Pinal County "Safety Roadeo." Regular Council Meeting - October 16, 2012 - Page 34 of 113 MARANA RESOLUTION NO. 2012-080 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PINAL COUNTY REGARDING TOWN EMPLOYEE PARTICIPATION 1N THE P1NAL COUNTY "SAFETY ROADEO" WHEREAS Pinal County conducts an annual "Safety Roadeo" to encourage the safe opera- tion of equipment by its employees; and WHEREAS the Town desires for its employees to participate in the "Safety Roadeo"; and WHEREAS the Town and Pinal County may contract for services and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the Town Council finds that approving an intergovernmental agreement between the Town and Pinal County is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The intergovernmental agreement between the Town of Marana and Pinal County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap- proved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other tasks required or beneficial to carry out the terms, obligations and obj ectives of the in- tergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16 day of October, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-080 10/16/2012 Regular Council Meeting - October 16, 2012 - Page 35 of 113 INTERGOVERNMENTAL AGENCY AGREEMENT THIS AGREEMENT is entered into this Day of 2012, by and between Pinal County, a political subdivision of the state of Arizona, hereinafter referred to as "County", and the Town of Marana, an Arizona municipal corporation, hereinafter referred to as "Participating Agency." Witnesseth: WHEREAS, Pinal County conducts an annual Safety Roadeo to encourage the safe operation of equipment by its employees; and, WHEREAS, Pinal County may have availability to accommodate additional participants in the Safety Roadeo and may allow qualified employees from other agencies within the State of Arizona, to participate in the Roadeo; and, � WHEREAS, Participating Agency has desire for its employee(s) to participate in the County's Safety Roadeo when availability permits; and, WHEREAS, the parties are authorized to enter into intergovernmental agreements for purposes contemplated herein, pursuant to A.R.S. § 11-952 et. seq. NOW, THEREFORE, the participants to this agreement agree as follows: Participating Agency shall permit only qualified employees to attend the Safety Roadeo. In order to be qualified, the employee must: a. Have a valid Arizona Driver's License AND any/all permits, licenses and /or training to operate such equipment he/she is to operate during the Safety Roadeo in compliance with State and Federal laws governing the operation of such equipment; b. Complete and sign the registration form provided by County to indicate supervisor's verification that employee is trained and/or licensed on the equipment registered to operate during the Safety Roadeo. 2. County may, in its sole discretion, disqualify any participant who fails to conduct himself/herself in a safe and professional manner. 3. Participating Agency shall, to the extent permitted by law, indemnify, defend and hold harmless Pinal County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages of any kind or nature which results from any act or omission of Agency, its agents, employees or anyone acting under its direction, control or on its behalf unless due solely to County negligence. 4. Participating Agency shall reimburse County for costs incurred for Agency's employees participating, in the amount set forth on the registration form, which may vary annually. Regular Council Meeting - October 16, 2012 - Page 36 of 113 5. This IGA shall be effective as of the signature date of the last party to sign this IGA, and shall remain in effect unless and until terminated by either party for any reason, upon 30 days' written notice to the other party. IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set forth below their representatives' respective signatures. THE TOWN OF MARANA, an Arizona municipal corporation PINAL COUNTY, a political subdivision of the State of Arizona, By: Ed Honea, Mayor ATTEST: Jocelyn Bronson, Town Clerk Pursuant to A.R.S. § 11-952 (D) the undersigned attorney has reviewed the Intergovernmental Agreement between Pinal County and and determined that it is in proper form and within the powers and authority granted to Under the laws of Arizona. Attorney for Date By: David Snider, Chairman Board of Supervisors Pursuant to A.R.S. §11-952 (D) the undersigned attorney has reviewed the Intergovernmental Agreement between Pinal County and and determined that it is in proper form and within the powers and authority granted to Under the laws of Arizona. PINAL COUNTY ATTORNEY James P. Walsh Pinal County Deputy Attorney Date {00031867.DOC / 2} Regular Council Meeting - October 16, 2012 - Page 37 of 113 �INAL COUNTY GOVERNMENT ,�r1NL[AL o )ADE Y NpvE1VtBER 8, 2012 Roadco 21 Fa112012 Since 1991 Pinal County has hosted theAnnual Safety Roadeo at the Pinal County Fair Grounds, located at 512 S Eleven Mile Corner Rd, Casa Grande, AZ to promote the importance of"Safety First"in the worhplace. The Event brings together city and county employees from around the State for a chance to demonstrate their slzills. The competitions are designed for contestants to not only demonstrate their slzills in several d�erent events that simulate on-the job situations, but to also shotivcase their iznotivledge of safety procedures. "Safety is not expensive, its priceless! � i:: � � � Regular Council Meeting - October 16, 2012 - Page 38 of 113 "Top Gun" Dicky Barns ROADEO 21 PAGE Z a': � � v� � � �� a � � � �\ �� ' \ ��f, , � .. � � - � � �.. � � � � � � 3 � � 3�., � \\ f The following is a brief description of some of the Roadeo events; contestants may piclz-up additional event information at check-in. Heav�EQUi�ment Com�eti- tions: Loader, Grader, End Dump, and Baclzhoe— These events are designed to simulate actual driving conditions. � �s� r� General Comnetition (Events are subject to cFiange) Hand Truck , Pallet Jac1z, Truck and Trailer, Animal Control Blow Gun, Small Backhoe— The objective is to pick up and drop the e� into a cup without breaking the egg. nates. Slip, Trip, Fall— identify hazards and proper correction. MSDS— Appropriate use of chemicals. IGA AND REGISTRATION: All contestants and em�lo�ees must �re-register! IGA: The Intergovernmental Agency Agreement (IGA) has been amended to allow it to be in affect until cancelled by either party. Please return com- pleted IGA as soon as �ossi- ble so we ma�nrocesses them �rior to ��artici- ation. A copy signed by the Pinal County Board of Supervi- sors will be mailed to you. Registration must be received b� November 1, 2012. Pleas mail to: Pinal County Public Works, Nina Arredondo, Safety Roadeo Coordinator, cpm, PO Box 727, Florence, AZ 85132. PLEASE RETURN YOUR IGA FORM ASAP! SO WE MAY PROCESS THEM PRIOR TO YOUR ARRIVAL. AND YOUR REGISTRATION BY NOVEMBER 1, 2012 Top Gun aw�rd Highest combined scores in all four (4� of the Heavy Equipment Com- petition events wins! Regular Council Meeting - October 16, 2012 - Page 39 of 113 Blood Borne Pathogen Clean-up— Demonstrate how to properly clean and dispose of contami- ��.. "�' ��: �'I 1��.�,*�C�UI+t`i`Y u;aat€ �r�ezz r,�pc�rta�rta't�y 21 Annual Safety Roadeo Thursday, November 8, 2012 Registration Form AEE atter�c�in th� Sa�et Rc��deo rnust re-r� ister! Your registration will provide an accurate count to ensure there is enough food for everyone Name: First MI Last Work phone number: Department: Work fax number: Government Agency: Mailing Address: Foreman's Name: Entry Fee (Non-Pinal County) Please select the competitions you will be ❑$20.00 Entry fee covers cost of breakfast, lunch, paticipants competing in: hats & prizes. ❑ Heavy Equipment Competition Note: To qualify for the "Top Gun Award", a minimum ❑$20.00 Lunch only. If you DO NOT wish to join any of the of Four (4) Heavy Equipment events must be entered. events. ❑ General Competition "Payment must accompany Registration Form. Note: Competitions are subject to change Please make check payable to "Pinal County Risk Management". The undersigned certifies that the participant has been qualified and carries all licenses and permits required under law and the organization to operate the equipment listed in the events selected by the participant. ALL COMPETITORS' MUST PRE-REGISTER! There will be NO registration at the Fairgrounds Participant's Signature Supervisor/Department Head Supervisor/Department Head Signature Please Print Please submit form no later than November 1, 2012 You may also E-mail your name to nina.arredondoCc�pinalcountyaz.gov Pinal County Public Works P.O. Box 727 Florence, AZ 85132 Telephone: 520-866-6954 ♦ Fax: 520-866-6030 Regular Council Meeting - October 16, 2012 - Page 40 of 113 MARANA TOWN COUNCIL SPECIAL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizon�, 85653 ; Council Chambers, September 18, 2012 at or a�C�;� 6:00 PM CALL TO ORDER AND R� p.m. Town Clerk Bronson c� EXECUTIVE SESSIOI'�. M� second by Council MemberP, Ed Honea, Mayor ��, Patti Comerford, Vice Mayor `' �;;., Dave Bowen, Council Member ' Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Z��g1er, Council Member � � SPECIAL CUUNCIL MEETING �� " ELL CALL. Mayor Honea ca�led the meeting to order at 6:00 �1�� roll. All Courtcil Members were present. � go into session by Vice Mayor Comerford, Executiv� session pursuant to A.R��, § 38-431.03(A)(3),(4) and (7), for discussion or consultafion with the Tovv�'s attorne�s and to instruct the Town's representatives concerning (1) the lawsuit eantitled Town of Marana v:' Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Cc��rt No. CV2008-001131, Arizona Court of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3J pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana ADJOURNMENT. Motion to adjourn by Council Member McGorry, second by Vice Mayor Comerford. Passed unanimously. Regular Council Meeting - October 16, 2012 - Page 41 of 113 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council special meeting held on September 18, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting - October 16, 2012 - Page 42 of 113 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 18, 2012, at or ai��' PM Ed Honea, Mayor; Patti Comerford, Vice Mayor David Bowen, Council Membe Herb Kai, Council Member Carol McGorray, CounciI l�e�� Jon Rost, Council Memb�� Roxanne Zie�l�r. Council Memt REGULAR MEE CALL TO ORDER AND �OLL CALL. Mayoir Town Clerk Bronson called roll. All Council N PLEDGE OF ALLEGIANCE/1N��,TION/M Honea. ,. : OF AGE�*1�A.. M �ber Ziegler.`' Pussc CALL TO T"HE PUBLIC. D��ric wastewater. Mr. Morales alsa no a Veteran's Cemetery to Marana. PROCLAMATIONS �nea called the meeting to order at 7:00 p.m. bers were present. OF SILENCE. Led by Mayor by Council Member McGorray, second by Morales spoke regarding the town's acquisition of �d that he would be working on a new special project, bringing MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Vice Mayor Comerford reported on the Governor's Conference last week. She noted that the state of the state is very encouraging. The theme was economic development. Mayor Honea also reported on the Governor's Conference. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Regular Council Meeting - October 16, 2012 - Page 43 of 113 Mr. Post gave recognition to the Marana Parks & Recreation department — not only for good staff, but good infrastructure and facilities. He highlighted some key accomplishments, including the new dog park at Ora Mae Harn Park and stated that the Crossroads at Silverbell Park received the Best Facility award for 2012 by the State Parks & Recreation Association. He noted that the Manager's office wanted to recognize those accomplishments and the staff who were in attendance — Tom Ellis, Lisa Shafer, Corey Larriva, Darice Larriva-Johnson and Tammy Haley He also noted that the Parks & Recreation department receives over 4,000 visitors a month to their Facebook page. . Mr. Davidson also recognized other outstanding accomp department, with particular note that during the monsoon many road and walkway situations that were potential saf Orville Saling and Ryan Benavides and especially their s� Arenas, Sam Modway, Marcel Rodriguez and Rudy U�ib He noted that the Town also received a special recogn Warker Friendly Employer. There were a number of � award and hold the status. This reminds everyone that He and Mr. Post attended a lunch today at the invi discussion was about all the things that are happer Vice Mayor Comerford adde that our roads are drivable any community and along with the Member Ziegler noted that m wanted to exnress her in the town. ,: F the Council � tff were being the Public Services ;asor�, sta��responded quickly to y h�zards. He thanked Tim Ensign, wet staff — Dennis Dolan, Jesus from the Governor for the Mature , the town had to do to receive this is valued. of the Pinal County Managers. The �his region. � to th noted ks & Recreation staff and noted crews all over the appreciative of their efforts. Council nized which is very important. She for the work he's doing while speaking at HOAs at��' at other meetings in the community about his ability to present clear and concise informa�Ci�n in a friendly and under�t�dah<le manner. She's received many compliments from �� citizeris �bcaut him. She also noted tha� T`: VanHook has been at many of these meetings. PRESENTATIONS CONSENT AGENDA. Motion to approve by Council Member McGorray, second by Council Member Post. Passe�l unanimously. C 1: Resolution No. 2012-073: Relating to Administration; approving fiscal year 2012- 2013 budget adjustments C 2: Resolution No. 2012-074: Relating to Emergency Management; approving the Town of Marana Emergency Operations Plan Regular Council Meeting - October 16, 2012 - Page 44 of 113 C 3: Resolution No. 2012-075: Relating to Heritage; revising the composition of the selection committee for the Ora Mae Harn Crystal Legacy Award and providing that the Award shall be presented on an annual basis C 4: Resolution No. 2012-076: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Benefits by adding new Policy 4-13 "Supplemental Benefits Plan for Public Safety Employees" C 5: Approval of June 26, 2012 Special Meeting Minutes Session Meeting Minutes LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relating to Legislation and Gi regarding all pending state, federal, recent and upcoming meetings of o� Actions: bodies 11, 2012 Study and possible action �t actions and on EXECUTIVE SESSIONS E 1: Executi�e Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation far le�al advice with the Town Attorney concerning any matter listed on ihis agenda. ` E 2: Executive se��ion purs�nt to A.R.S. § 38-431.03(A)(3),(4) and (7), for discussion or consultation with t�.e Town�s �fitorneys and to instruct the Town's representatives concerning (1) the law�uit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated}, Maricopa County Superior Court No. CV2008-001131, Arizona Court of Appeals No. 1`CA CV 11 0381; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior Court No. C20116094; and (3) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). Regular Council Meeting - October 16, 2012 - Page 45 of 113 ADJOURNMENT. Motion to adjourn at 7:17 p.m. by Council Member Bowen, second by Council Member McGorray. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 18, 2012. I further certify that a quorum was present. Jocf Regular Council Meeting - October 16, 2012 - Page 46 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: Mayor and Council From: Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a new Series 10 (Beer and Wine Store) liquor license application submitted by Randy Nations for Sprouts Farmers Market #21 located at 3860 W. River Road, Number 5. Discussion: The application is for a new Series 10 (Beer and Wine Store) liquor license application submitted by Randy Nations for Sprouts Farmers Market #21, located at 3860 W. River Road, Number 5. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may �le written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of September 18, 2012, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building and Planning have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires, and that the best interests of the community will be substantially served by, the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and include a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to the DLLC within the 60-day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the Regular Council Meeting - October 16, 2012 - Page 47 of 113 granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: � LGB Recommendation.odf � Proof of Postingpdf Description: Type: LGB Recommendation Cover Memo Proof of Posting Backup Material � LIQUOR LICENSE DESCRIPTION ATTACHMENT.DOC Liquor License Descriptions Backup Material Staff Recommendation: � Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a new Series 10 (Beer and Wine Store) liquor license application submitted by submitted by Randy Stations for Sprouts Farmers Market #21 located at 3860 W. River Road, Number 5. OPTION 2: I move to adopt an order recommending disapproval of a new Series 10 (Beer and Wine Store) liquor license application submitted Randy Station for Sprouts Farmers Market #21 located at 3860 W. River Road, Number 5. Regular Council Meeting - October 16, 2012 - Page 48 of 113 Arizona Department of Liquor Licens�s and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.go� 602-542-5141. i �r'►r�n� �n�im►nw�i aTl F MARANA PIMA OOUNTY OF �. � Regular At a meeting of the (F�gular or �ecial) Marana 51HIt� 10 ON # �ZONA. qTYIT�/1(NIOOUNTY# LL2011=07 " �na Tawn Cc�uncil (Goverr�in� �odY) of held on the Randy Nations application of for a license to sell spirituousliquorsat the premisesdescx in Application # 10103672 , License CJassSeries 10 was considered as provided by Title 4, A.R�. as amended. IT ISTH�OREORDff� that the APPLICAl10N of Randy Nations approval is hereby recommended for (ap p roval / d i sap p ro val ) a license to sell spirituous liquorsof the class, and in the manner designated in the Application. IT IS FURTH�tORD� that a Certi ❑ed Copy of this Order be immediately transmitted to the Department of Liquor Licensesand Control, Licensing Division, Phoenix, Arizona. CITI COUNTY CL�K Marana, Arizona DATID AT ThIS 16th da Of October 2021 Y (Day ) (Month) (Year) r�,00� o�zaos * Disabled individuals requiring sNectial aocommodations please call the Departmetrt of the Qt ..,ounty 16th da pf October 2012 the Y � (Day ) (Month) (Year) Regular Council Meeting - October 16, 2012 - Page 49 of 113 Date of Posting: Applicant Name: Business Address: 10103672 License #: � OF LIQUOR LI:CENSES AND CONTROL NATIONS Lasc 3860 E RIVER ROAD #5 Street RANDY First Posting Removal: /'d �q�,.2�t� �� , D Middle Tucson (Marana) 85741 City Zip I hereby certify that pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. I"l� (,�C`�. L � / V �f�.L� v�/ Print Name of City/CountyOfficial Title I�cO �t • �. Telephone p .�gZ -- f � � � � l 0 z.--- Date igned Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 1ic9119 M2009 Regular Council Meeting - October 16, 2012 - Page 50 of 113 ARIZONA DEPA Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 06 Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the hoEder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 06 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty- one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m. and 10:00 a.m. an Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer ta sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off-sale ("To Go") package sales can be made on the bar premises as long as the area of aff-sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. {00018233.DOC /} Regular Council Meeting - October 16, 2012 - Page 51 of 113 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable fram person to person and/or location to location within the same county only and allows the holder off-sale retai! privileges. This license allaws a spirituous liquor store retaiEer to sell all spirituaus liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliuer spirituous liquor off of the licensed premises in connection with a retai! sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges {iquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 Hotel/Motel This non-transferable, on-sale retai! privileges liquor license allows the holder of a hoteUmotel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40%) of its gross revenue from the sale of food. The holder of this license may seiE spirituaus liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 1:00 a.m. and 6:OQ a.m. Monday thraugh Saturday and 1:00 a.m. and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. {00018233.DOC /} Regular Council Meeting - October 16, 2012 - Page 52 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: From: Mayor and Council Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 2 Subject: Relating to Liquor Licenses; recommendation to the Department of Liquor Licenses & Control regarding a special event liquor license application submitted by Dillon Douglas Taylor on behalf of Northwest Firefighters Local #3572 Member Services for holiday banquet and fundraiser for local charities. Discussion: This application is for a special event liquor license on behalf of Northwest Firefighters Local #3572 Member Services for holiday banquet and fundraiser for local charities. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25% of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses & Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTACHMENTS: Name: � Special Event Liquor - Northwest Firefiqhters.pdf Staff Recommendation: Description: Special Event Liquor License - Northwest Firefighters Staff recommends approval of this special event liquor license application. Type: Cover Memo Regular Council Meeting - October 16, 2012 - Page 53 of 113 Suggested Motion: OPTION 1: I move to approve the special event liquor license application submitted by Dillon Douglas Taylor on behalf of Northwest Firefighters Local #3572 Member Services for holiday banquet and fundraiser for local charities. OPTION 2: I move to disapprove the special event liquor license application submitted by Dillon Douglas Taylor on behalf of Northwest Firefighters Local #3572 Member Services for holiday banquet and fundraiser for local charities. Regular Council Meeting - October 16, 2012 - Page 54 of 113 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix, Arizona 85007-2934 (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of $25.00 will be charqed for all dishonored checks (A.R.S. NOTE THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. **Application must be approved by local government before submission to DLLC us� ONLY Department of Liquor Licenses and Control. (Section #20) L1cENSE #{ 1. Name of Organization: t'�,�-h�e��r �,�� =s �r�i�� L�c.r-�, �'��Z (�'l�z�r��,�r.� `:x�v-c�.p-5 2. Non-Profit/I.R.S. Tax Exempt Number: �Z,-�' -�� v��'� 3. The organization is a: (check one box only) �haritable � Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic � Religious ❑ Political Party, Ballot Measure, or Campaign Committee 4. What is the purpose of this event?'� on-site consumption ❑ off-site consumption (auction) ❑ both �t�1�cc��c.�, ��'v �� a�.�, �r�-� .,�" r�,,.�— `t�Ca\ c'�Y1��ce� ,� 5. Location of the event: `�� 1,"��.tirce�c.��:w� � �l� ��• �`-�-'`�`c' �'�' �"�°�` �� Address of physical location (Not P.O. Box) City County Zip A��licant must be a member of the qualifvinq orqanization and authorized bv an Officer, Director or Chairperson of the Orqanization named in Question #1. (Siqnature required in section #18� 6. Applicant: tc.ylr,f- ��La�. `�v��..1 6' Il g3 Last First Middle Date of Birth 7. ApplicanYs Mailing Address: 53$� +�. P�n�..c� �y.e� �c�..' ��-�+n 1�� 3��1�-S � s�,�� c�ry st<u� z�p 1�/1 i'k��.h1 �' 8. Phone Numbers: (S� ) E��`� --��z � �'�,`�t� (�u' ) g`��-~lato (�c, ) t_{6\~3 \ �..�e,�.7c�.�> Site Owner # ApplicanYs Business # ApplicanYs Home # 9. D2te(S� & HOUI'S Of EVeflt: (see A.R,S. 4-244(15) and (17) for legal hours of service) Date Day 1: j'L-� Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Day of Week Hours from A.M./ .�f � To�'1�1j/P.M. Cjc�.�cv'r(J�C?..f �o � .'y� �Z.- Ck_'VY�• *rn�;►ui�d �„a;��a��. recruiriug special acemnmodations, please call (G02) 542-9Q27 September 2011 Regular Council Meeting - October 16, 2012 - Page 55 of 113 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? � YES �NO (attach explanation if yes) 11. This organization has been issued a special event license for -� days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? �] YES [�NO If yes, attach a copy of the agreement. 13. List a�l people and organizations who will receive the proceeds. Account for 100°/o of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name '�� rv.�S�r �-c 1.._c�c c�\ �" "�S-� `2. ��_ �,�� `lC'��c� Percentage Address �.6.. ��,��"� ��C.Sb'v1 , F�� -`S 2� Name Add (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor taw violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Controi for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. " NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES. 15. What security and controi measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) � # Police [� Fencing � # Security personnel ❑ Barriers S�� l�avlC.ea v�n��-v�c,.�:e w..e:,.,�c ��'�� k.:�l h,� o� `��-e� � w1,�n.�� wr�+.nz:v�� c�v�t�i.. ��o.t�� So..�r�. c•ti� ��.w�\ c��-.v`�CPS S� ��c-cv��.�, -��i �Ae c7.v,.� Percentage c+�s c� .�:� a c�. �rQ� n� �,�.� c�S ��5 GF� °t� J\-.P �.�� w \� s� 16. Is there an existing liquor license at the location where the special event is being held? If yes, daes the existing business agree to suspend their liquor license during the time � period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) � YES [�NO ❑ YES � NO Y�� l� - `��C,...,-- '�-�ctv�C�, �c.. �f�,Y,� C� �:v`�='" � � ) �`� `� � � `36 Z.- S��kx� Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. "�. �'►2, `'7��° ��' �n` �� « j �. c�.c�...o..C� c�.,�e�. � CC�.v�Se... ��r ��rn,e... � �,� v�c� �.� . Regular Council Meeting - October 16, 2012 - Page 56 of 113 SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. �- ��d .n '1- � r—. , i ��1 _ �L D �C.�. �n� C�C.i�TG�t_.. - l5 ��u 1\ . >c�L . lv�-a�-� , • � - -- r"�> >,... .. . / r � / � r i �', / /, i / f � �" %� `j .� � � l� � � "�-' �i b / % : � y r � " ,�, - � / ��` �/ � ,;% `r � � � / . '�'� / ��' � � .�,, -, ;: � � ;�- � , � ��.�; i ' �- � , � , . ��- ; � � , .�_.____--------------- �, �.��" ; _________--- �. �-= �� t �� . E� � �- ��G v � � �� C` �' �;�� , � . �� `�� Y � �'�� 7 '� � � a �a` �,�� —�-�.`, `�.. �`i° �,r� \ ,.� ...� _ � � �` � w � �� f � u � ; �- �� `�'��, ��,i `7 �� / � �� c� � 7� r n!i l � �� / .� � � C`� � �� \ �� Regular Council Meeting - October 16, 2012 - Page 57 of 113 TH�S �EGTltlh! T{7 �E CC}MPE_�T��3 C)NLY BY AN t�FFIG�R E�IR�CTt�� OR CN,4tRF�ERS�N O� T'H� (,1FtGAN�ZA�"ION NAME17 IN CiUEST!(.�N #'� 1�, I '��1�.ta�rv ��,"�� .�� _ d�cCare that 1 am �n Affic�rfC}irect,at'lCMair�ersa� appointi�g th� (E'cant full nam�) ��plicant 6iste�i irs C�uestic�n fr, tca appBy c�� behaif C�f #he fcare�aing orgar�izafian far � Spe�ial �ven# Liquc�r Lic�nse. }� '`�"� � _--. ..._ "�.��;�� "��'�� `v�� #�� . �� (�ign�atur� �`��tl�#Positia�) {C�ate� �t�te 4f �'��..��""` Cc�unfy af _ � �� it��st �m_..� {Rhane r't) a r�, �. The #oregain€� in�t um�nt w�� cknc�wiedged kaefare nne ftris � �A�Y��A C. �C��1�� a �� ' �, NtataFr� �tst�t�� - �rr'zan� � � � `� : � ��CCI� C�tltS�t .,°°°'�� +f .. ._ �C19'��P't Y4'FdP �c�anrztissi4rs �xpt�� .- t�y �� ian �x - �r�� f ��" _�°�m°t,•,.. _.� (t�ate} e � n� �,r� �r rvaT��Y r�uc��sc} T�II� SEGTN+�N Tt� �3E �CC�MF�E.ETEt� C�N�.Y B'Y THE A�►P"LICAt�T I�AM�D IN C�UES�tC?N #� ��. '. T ,`,' �,. 4 ��"" d�clar� that 1 arrt th� APPLNC,4hJl" filir�g this applicatian as (Prirtt ful€ nar��e} listed in Questian 6. I hav� r��c� the appli�tis�n �nd th� con#ents and all st�tem�nts are tru�:, correc� and compl�f�. ,- _.. , c�" � �t�t� t�f �„ �- Cout�t of �,�c �,. X ��`"'� �""".",.� �� °�°�� Tb�e f�sregoic�g instrument wa� ackno ec�ged beiore me tE�is (S�gr,atur�e / � � � �.'� .t�� t�� G.B��U� e. ��a'k�� u • Ari�caraa �� Yc;�r Yc►u mus# rrbtain lcyc�t qovernment ap�r�uaM. Gity ar Cc�unt�i MtI,�T r�comnrtend event and ccrmplet� �t�m #2Q, "f`he It�ca[ av�rnin bt�d cna re uire addition�i � lic�t�ans ka be c�m let�d and submitked �� da s �n advance af th� e�re�t. Addi tiranal tic�t�sing #�es rrtay also be r�t{u�r�d b�for ap�rcrva� may t�� rar�t�d. �.t�!�Ai, CC7VER�IIN� B�}L?Y APR�t�VAL a�GTICiN ��. �, fl�'.'t`��3�1 I"E.'Gt31T1CTlE�t� �ftlS S(7��r�I EV�PSt c'!�?�}IiC�t1C)tl {�averrrrnent +�ffrcial� {Ti€lep orr be�►a�f c�f „ (Gity, Town c�r Cara�tyj ��ign�fr�r� af UF�1�1�1�� (�at�� F��` C3t��G [��PARTMENT U i� �}�JLI' C�ep��ment C�mment Sectian: ('�m�� l�� e (G��tt�� :.. � � . � .. � ; �`t'ft�� {C�ate} Regular Council Meeting - October 16, 2012 - Page 58 of 113 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 16, 2012, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item D 1 Subject: Presentation: Relating to Personnel; discussion and consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Benefits Discussion: After considerable work by the departments of Legal, Finance and HR, and review by other departments, staff is recommending amendments to Personnel Policy Chapter 4- Employment Benefits, as summarized below. A complete and detailed account of the changes are presented in a"strike through" and "underlined" version as part of this agenda package. Stricken language is recommended to be eliminated from the policy or moved to another section. Language with an underline is recommended to be added to the policy or represents existing language that was moved from another section. The chapter title for this policy will be changed to "Employment Benefits and Leaves" to better reflect the subject matter of the chapter. A good number of the changes to this chapter reflect minor amendments for clarity. Substantive changes were made to the following sections of the policy: • Elimination of Policy 4-8 MAP (Maternity/Adoption/Paternity) Leave. This type of leave is covered under Policy 4-7 Family and Medical Leave and/or under Policy 4-8 Administrative Leave for medical purposes. • Clarification of Policy 4-8 (renumbered from 4-9) Administrative Leave for medical or non-medical purposes. This section was enhanced to describe the circumstances under which administrative leave can be taken and the maintenance of benefits under such leave. • Change to Policy 4-9 Leave Donation. Allows an employee to receive donated leave for any serious health condition, not just for "catastrophic" illnesses and injuries. Now requires an employee to have applied for any other available compensation and benefits provided by the Town such as workers' compensation and short- and long-term disability before using donated leave. Also, employees who are eligible to donate leave will be limited to a donation of 40 hours of sick leave per calendar year. • Clarification to Policy 4-11 Workers' Compensation. This section was reorganized for clarity and compliance with Arizona law. • Addition of Policy 4-14 Alternative Work Assignments/Light Duty. This policy has been moved from Chapter 7 and is better addressed in Chapter 4 where leaves due to injury/illness and workers' compensation are addressed. Pursuant to Ordinance No. 99.12 and Resolution No. 99-38, under which the town's personnel policies were adopted in May 1999, no action may be taken on any amendment to the personnel policies at the meeting at which the amendments are initially proposed. Tonight's consideration of the proposed policy Regular Council Meeting - October 16, 2012 - Page 59 of 113 amendments constitutes the first reading of the amendments; the amendments will be brought back to the Council for approval at Council's direction. ATTACHMENTS: Name: � 00027977.DOC Description: Draft revisions to Personnel Policies Chapter 4 Type: Backup Material Staff Recommendation: Staff recommends that the proposed policy amendments be brought back for consideration and adoption by the Council at the next regular Council meeting. Suggested Motion: I move to direct staff to return with the proposed amendments to Chapter 4(Employment Benefits and Leaves) of the Town's Personnel Policies and Procedures as presented for final consideration and adoption at the next regular Council meeting. Regular Council Meeting - October 16, 2012 - Page 60 of 113 �"!=":"�.�'� �/�►��►�Ar► �,.�:f 1 �. �� tOWM OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-1 VACATION LEAVE The Town of Marana provides vacation leave with pay to eligible employees. Section 4-1-1 Eligibility The nrovisions of this nolicv annlv to all €�regular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term- li mited temporary employees °r° °';^;h'° +„ o.,r., ,,.,,.�+,,,., �o�.,o .,c rlcc�nrihciJ ,., +ti,� .,,,r,.., Section 4-1-2 Accrual of Vacation Leave A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. �� B. When ��n employee � on a�c leave e€-a�l^c�� and a nortion of the leave is un�aid. the ��#-�a� shall accrue vacation leave on a ororated basis. ed on the number of hours naid bv the Town durina the nav oeriod. When an mnlovee is on leave and receives no comqensation from the Town. the emnlovee shall not accrue vacation leave . C. Vacation leave as�a�+e� accrual is cumulative, up to the maximum number of hours permitted by this policy. Section 4-1-3 Rate of Accrual A. Eligible full-time employees shall ass�a�e accrue paid vacation leave at the rate shown in the following schedule: Vacation Accrual Rate Lenath of Service Vacation Davs Each Year 0 to 5 years 10 days (3.08 hrs per pay period) > 5- 10 years 15 days (4.62 hrs per pay period) > 10 years 20 days (6.15 hrs per pay period)) B. Eligible part-time employees shall ass�a#� accrue '^rnr�4ci-1 �mn� �n4 ..f vacation leave on a qrorated basis each pay period based on the number of hours nor� � v the Town durina the qav qeriod +h�+ +ho„ ,�o „�,,.,.,��., �..►,e,�„�e,� +„ ��ir�rL C. For purposes of determining length of service, the year noted begins on the day after the preceding anniversary. For example, an employee shall be employed for greater than (>) five years on the day after the employee's fifth anniversary; therefore, the employee {000z�9��.�oc i ta} 4-1 ioiioiia Regular Council Meeting - October 16, 2012 - Page 61 of 113 t�'�� . �/[�, tOWN OF MARANR CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES shall begin earning at the higher accrual rate for the pav qeriod in which this date falls as .,f +vr-cR^aruas@. D. AAi�i�ar�F-lea�v�shall b�sfe�i�e�--�s�vafd-a�e�e�ee's--lep�,-m� ^,�^� E^� ^� ��^^c�� €- Notwithstanding the provisions of this section, as an incentive to recruit key employees, upon hiring an employee in an unclassified position, the Town Manager may negotiate a vacation accrual rate in excess of the initial vacation accrual rate specified in this section. However, in no event shall the Town Manager negotiate a vacation accrual rate of more than 4.62 hours per pay period. Section 4-1-4 Maximum Accrued Hours Permitted A. An employee's accrued vacation leave balance shall not be permitted to exceed 240 hours. Therefore, employees shall not be credited for vacation leave in excess of 240 hours. Employees who are approaching the 240 hour cut-off shall be notified by the Finance Department of their vacation leave balance and given the opportunity to request vacation leave before vacation leave hours are forfeited. B. In extenuatina circumstances� ��he Town Manager may approve an exception to this provision an arant an emnlovee an additional 90 calendar davs to come into ompliance with the 240-hour rule without forfeitina anv vacation leave �ef . This excention will onlv be aranted once ner rollina 12-month neriod. If the emnlovee fails to come into comqliance with the 240-hour rule within he additional 90-dav neriod. the emplovee will forfeit all accrued vacation leave in excess of 240 hours. Section 4-1-5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-1-6 Vacation Leave Pay Vacation leave shall be paid at the employee's base rate of pay plus any special assianment qav. at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential { 00027977.DOC / 14 } 4-2 i on on 2 Regular Council Meeting - October 16, 2012 - Page 62 of 113 �—�`."�� CHAPTER 4 MA,�AI'�+IA EMPLOYMENT BENEFITS AND LEAVES �:�:� t \ towra n� r�nr�a,wa Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment A- Upon termination of employment, employees shall be paid at their base rate of pay for any unused �ccrued vacation leave earned through the last day of work. „ {00027977.DOC / 14} 4-3 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 63 of 113 �`��''�. �1�4�AI�A �� :� 1 �. TOV1N �F NlAf€ANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-2 SICK LEAVE The Town of Marana provides sick leave with pay as income protection to eligible employees. Section 4-2-1 Eligibility e provisions of this �olicv applv to all €�Legular full- and part-time classified and �nclassified employees, including those serving in an initial evaluation period, and term- limited temporary employees ��° °'�^�'^'° +„ e.,.-� c�inL len�ie .,�. i-Ioc�nrihoiJ ,., +h,� .,,,r,.., Section 4-2-2 Accrual of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. �e asa�e�� B. When �4�n employee � on a� leave ^f °�� nd a nortion of the leave is un�aid. the emqlovee �e+�a� shall accrue sick leave n a qrorated basis. based on the number of hours naid bv the Town durina the qav neriod. When an emnlovee is n leave and receives no com�ensation from the Town. the emnlovee shall not accrue sick leave . C. Sick leave shall ass�a#� accrue without limit. Section 4-2-3 Rate of Accrual A. Eligible full-time employees shall ass�la�e accrue sick leave at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall ass�a�e accrue sick leave on a nrorated basis each pay period based on the number of hours �e�vveelF paid bv the T wn durina the nav neriod . Section 4-2-4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. B. Eligible employees shall be permitted to use sick leave for the following reasons: 1. Personal illness, disease or injury and travel time to and from a physician's office 2. Medical conditions that prevent the employee from performing assigned tasks {000a�9��.�oc i ia} 4-4 ioiioiia Regular Council Meeting - October 16, 2012 - Page 64 of 113 r_�'��.�,.'� MAR,�I�A �.�..�.� t \ TOWN �F MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 3. Surgical, medical, dental or optical nnointments. includina reaular. nreventative care a�nointments. �+^��^+c, °v�min�4i�nc� „� f;++;.,,,� that must be made during working hours and travel time to and from such annointments 4. Illness r iniurv of immediate family member r suraical. medical. dental or ontica in ents. includina reaular. oreventative care a��ointments. for an immediate familv member and related travel time to and from a physician's office. For purposes of this policy, #�ie '_immediate family member" shall se�►sis��# be defined as the spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-2-5 Notification to Supervisor A. For unnlanned absences. such as when an €gmployee� w#�e-a�e � unable to report to work due to illness or injury e emolovee shall notify his or her #�eif direct supervisor before the scheduled start of the+� emqlovee's work day. �- The emplovee shall also contact his or her direct supervisor on each additional day of absence unless the employee is on FMLA leave or has notified the supervisor in advance of the number of days the employee will be absent. �J�n r urn to work. the emalovee shall submit a leave reauest form to his or her direc �uqervisor for the time missed. Reauests for leave are subiect to the aqproval of the uqervisor and the supervisor mav reauire the emnlovee to submit a medical verification s tement from a health care qrovider verifvina the need for the sick leave absence. B. For nlanned absences nursuant to this aolicv. such as a planned annointment or medical procedure. an emqlovee shall submit a leave reauest form to his or her direct suqervisor as oon as the emqlovee becomes aware of the need for the olanned absence. Reauests for leave are subiect to the aqqroval of the suqervisor and the supervisor mav re uire the emnlovee to submit a medical verification statement from a health care provider verifvina the need for the sick leave absence. Section 4-2-6 Medical Verification A. If an employee +s-a�se+�� uses sick leave for three or more consecutive days �e-�s i"^°°° ^r ;^;,,^-, the employee's supervisor or Department Head may ��es� require the emt�lovee to submit a medical verification statement from a 1+ser�se� health care provider verifying the need for the sick leave absence ex+s�eqse ^�"�i�eo° ^�a; �� °�-�-:�a B. If an employee exhibits an unusual pattern of sick leave absences, such as �es�i�� recurring absences on the days immediately {00027977.DOC/ 14} 4-5 ioiioii2 Regular Council Meeting - October 16, 2012 - Page 65 of 113 � ;�� 1VIA►RAI�A � :f [ \ TOWN �E MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES preceding and/or immediately following the emnlovee's reqularlv scheduled davs off or a Town-approved holiday�, the employee's supervisor or Department Head may require �ie emnlovee to submit a medical verification statement from a�seased health care provider verifying the need for the sick leave absence. n� �4hr�ri�e +h.�+ +ho omnl��ive rv�n�i c.nfel�i rc�� irn 4r� ��i�rL C. If the molovee fails to orovide the reauired medical verification or if the employee's Department Head determines, in consultation with the Human Resources Director or i n that the verification provided by the employee is inadequate, the absence may be charged to another category of leave or considered leave without pay. D. The employee's department shall forward medical verification statements to the Human Resources Department. Section 4-2-7 Additional Conditions of Eligibility A. As�-an a�d+t+e�a� ser�dit�e�-e�°'��h:';+., fr�r �,,.� ��.,o�� When apolicable. an employee reauestina to use sick leave ^^ �^ °�+°^^'°�' '°�.,° must apply for any other available compensation and benefits that the employee may be eligible to receive�sk� ' under disability insurance coverage provided bv the Town. uch as workers' comqensation and short- and lona-term disabilitv. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from �worker's' Gcompensation or any disability insurance programs paid for by the Town. C. The malovee's qav shall not exceed the emqlovee's normal weeklv earninas throuah ��n_. [ combination of aa�-s�sk� paid leave and other navments received bv the emalovee. such as disability insurance payments or workers' compensation �e benefits �ha',�ns��see� t�-e�r ' �' �•�°°�'., °��^�^^° If the com ination of pavments results in the emqlovee beina paid more than his or her normal weekl earninas. the Town shall reauire the emqlovee to reimburse the Town for the overqavment. Section 4-2-8 No Sick Leave Available An employee who has exhausted as�ed accrued sick leave may request "�minic��r•+4i�ie leave without pay. Section 4-2-9 Transfer of Sick Leave Hours to Vacation Leave A. If an eligible employee who has successfully completed the initial evaluation period uses less than 16 hours of sick leave during a calendar year, the employee may submit a {00027977.DOC/ 14} 4-6 ioiioii2 Regular Council Meeting - October 16, 2012 - Page 66 of 113 � �� :!� 1 �. TOYtN OF PAAitANA � CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES request to transfer the unused portion of the 16 hours, up to a maximum of 16 hours, to vacation leave. B. The employee must request the transfer in writing to the Finance Department by the deadline set by the Finance Department. If an employee does not request the transfer, the hours will not automatically be transferred. C. Hours not transferred shall remain in the employee's sick leave balance each calendar year until they are approved for use in accordance with the sick leave policies in this chapter. D. ' +he Cinnnnc no.,.,.+.,,e.,� :!f the transfer� of sick leave hours to the em I�oyee's vacation leave total would cause the employee's a�ed accrued vacation leave to exceed the maximum vacation leave hours allowed under this chapter e emolovee's reaues for transfer shall be denied. Section 4-2-10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused ass�t�la�e� ��d. sick leave upon termination of employment. B. If a r aular full- or nart-time classified emnlovee is laid off and then recalled within a 12 alendar month neriod followina the effective date of the lavoff. the emqlovee's previous Jdunused �ccrued sick leave balance shall be fe+r�s�a�e� restored at the time of the emqlovee's re-emnlovment a�sep�s re-emPle�men�v�i�"�lae �,.,., ..,,+�,,., +,.,,, ., „f +►,e ,�.,+e „f �,.,,,� { 00027977.DOC / 14 } 4-7 i oi i on a Regular Council Meeting - October 16, 2012 - Page 67 of 113 �-r�.��"`*� �'lA �,�A ,�:,� 1 �. TOWN O€ MAR.ANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. Section 4-3-1 Eligibility he nrovisions of this nolicv aqqlv to all �Legular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term- li mited temporary employees ��° °��^�h�° f�r .,e,-�,,.,.,� �e.,,,e .,� ,�e�,.�;�,e,� ;., +h,� .,,,r,.., Section 4-3-2 Amount of Personal Leave A. Eligible full-time employees shall receive 16 hours of personal leave each calendar year. : J - _� -U� • -- •� - - •- � • • -��. - - -� . •• • •j - - - _l �. • - - � • -- - - - - • ��- • •- •�. - - ��. Eligible part-time employees shall receive a prorated amount of personal leave each calendar year based on the number of hours per week that they are officially scheduled to work. D�. As an incentive to recruit and retain key employees, the Town Manager may, upon hiring or in connection with an annual perFormance evaluation, grant additional personal leave, up to an additional 40 hours per calendar year, to employees in the following categories. 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads with management responsibilities including supervision of staff E�. If the Town Manager grants additional personal leave to an employee pursuant to paragraph 6D of this section, the additional leave shall be granted to the employee for subsequent calendar years unless and until the Town Manager, in his or her sole discretion, determines that the employee's performance and/or workload no longer justify the granting of additional persorial leave. The Town Manager's decision regarding personal leave is not subject to review under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. Section 4-3-3 Request for Personal Leave {00027977.DOC / 14} 4-8 ioiionz Regular Council Meeting - October 16, 2012 - Page 68 of 113 � - �.".. ti' ��"� , �� ..�: ':/` t �, 70WN 6>f MARAtJA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES A. Eligible employees may request to use personal leave after 30 days of employment. However. if the Town Manaaer arants additional nersonal leave to an emqlovee nursuant_to the nrovisions of this �olicv. the Town Manaaer mav waive the_reauire 0-dav waitina neriod. B. Employees shall submit personal leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. Section 4-3-4 No Accrual Personal leave does not ass�e accrue and is forfeited if not used within the calendar year that it is received. Section 4-3-5 Termination of Employment Employees shall not be compensated for unused �� personal leave upon termination of employment. {00027977.DOC / 14} 4-9 ionoiia Regular Council Meeting - October 16, 2012 - Page 69 of 113 �� . ��'` i � TOWN C1F MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-4 HOLIDAYS The Town of Marana provides paid time off to eligible employees for Town Council-approved holidays. Regular Town operations are officially closed during these approved holidays. Section 4-4-1 Eligibility The �rovisions of this nolicv anqlv to all €�regular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term- limited temporary employees ��• Section 4-4-2 Town-Approved Holidays A. The Town-approved holidays for each calendar year are as follows. 1. New Year's Day (January 1) 2. Martin Luther King, Jr./Civil Rights Day (third Monday in January) 3. Presidents' Day (third Monday in February) 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (first Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (fourth Thursday in November) 9. Day after Thanksgiving (fourth Friday in November) 10. Christmas Day (December 25) B. The Town Council, at its sole discretion, may approve additional holidays in any calendar year. Section 4-4-3 Amount of Paid Time Off for Town-Approved Holidays A. Eligible full-time employees shall receive paid time off on Town-approved holidays based on the number of hours they are regularly schedule to work. B. Eligible part-time employees shall receive a prorated amount of paid time off on Town-approved holidays based on the number of hours per week that they are officially scheduled to work. Section 4-4-4 Miscellaneous Rules A. If a Town-approved holiday falls on a day when an eligible employee is on approved paid vacation, personal or sick leave, the employee shall receive paid time off for the { 00027977.DOC / 14} 4-10 � oi � oii 2 Regular Council Meeting - October 16, 2012 - Page 70 of 113 �� /l�. r�,��oF�,�� CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Town-approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances for that day. B. If a Town-approved holiday falls on an eligible employee's regularly scheduled day off, the employee shall receive paid time off for that holiday based on the number of hours they are regularly scheduled to work. Section 4-4-5 Exception An employee who is in an unpaid status on the day immediately preceding or immediately following a Town-approved holiday, excluding the employee's regularly scheduled day off, shall not receive paid time off for the holiday. {0002�9��.DOC i ia} 4-11 ioi�oiiz Regular Council Meeting - October 16, 2012 - Page 71 of 113 r.� MARAI�A � ./ 1 '�. F OWN QF� FAARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-5 MILITARY LEAVE The Town of Marana shall grant a military leave e�a�ser�se to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. - • • • • •• - �• � - •-• • • � • •- -�- - • -�- . � �• • • - •- 1 - • - -• • • -• • •• • • • •1 • � •• • - • -�- - • -�- •� • Section 4-5-1 Eligibility Employee eligibility for military leave shall be determined in accordance with the provisions of applicable state and federal law. Section 4-5-2 P�i� Military Leave A. An eligible employee ordered to military service shall be granted paid military leave of up to 240 hours in any two consecutive years. For the purposes of this policy, "year" means the fiscal year of the United States government. Leave which occurs on an employee's regularly scheduled days off shall not be charged against the 240-hour allotment. B. For required military service exceeding the 240-hour allotment, an employee shall be granted mili a leave that mav be unqaid �a� or paid via the emnlovee's � use Q accrued vacation, personal or compensatory leave alan es . Anv reauest to use paid leave balances will be considered in accordance with the leave policies set forth in this chanter. � �ection 4-5-3 Advance Notice Reauirements A. An employee ordered to military service shall provide his or her Department Head with �e►� advance notification of the leave, unless aivina advance notice is arevented bv militarv necessitv or is otherwise imnossible or unreasonable under the circumstances. Th notice mav either verbal or written. The United States Defense Denartment stronalv r comm nds that advance notice be qrovided at least 30 davs prior to deqarture for unifQrmed service when it is feasible to do so. B. A ditionallv. the Town reauests that the emplovee qrovide his or her Deaartment Head �e� with a copy of the employee's military orders as soon as T"° ^^4ifin��ir�n �h.,u ��a��vi�e� arl�a�s�en��vee�C�eNr° +"° �+^,+ nf +h�� practicable. Section 4-5-43 No Break in Service {00027977.DOC / 14 } 4-12 i oii on 2 Regular Council Meeting - October 16, 2012 - Page 72 of 113 ��s� �� .� /t\ TOWIV OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Time spent in active military service is not considered a break in service for �urqoses of sleterminina senioritv or leave accrual rates . �' •� :- � • � • . _� - • • -- • - �• • • , � I 1 ' 1- - .• -• •- - • �l-• - - • • 11'l • '-- • • L'1 � • ' • ••' �;� ' •1 • • - � - - • • •�� -• - -� _- • .�• • - - - -� • • -- •� •- -• • �. - - • -• {00027977.DOC / 14} 4-13 ioiioii2 Regular Council Meeting - October 16, 2012 - Page 73 of 113 �r�� MA►RAI�A � '`�'./ i � TOWIY �F MAkAR1A CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave ' �av to eligible employees. Section 4-6-1 Eligibility I1�e orovisions of this nolicv aqqlv to all �Legular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term- li mited temporary employees �r° °';^;h'° +„ .e,.e,.,e L�cren�ierv�en4 Io�+�ic .,� iJec�nrihorJ ;., +h,c �+�� Section 4-6-2 Amount of Bereavement Leave A. Eligible employees shall receive up to three days bereavement leave for the death of an immediate family member. B. If travel outside the state is required, employees may be granted up to two additional days bereavement leave at the discretion of the Department Head. C. An employee may request to use any available paid leave balances for additional time off as necessary. Any reauest to use qaid leave balances will be considered in ac ordance with the leave nolicies set forth in this chapter. Section 4-6-3 Request for Bereavement Leave An employee shall submit a bereavement leave request to his or her supervisor as soon as the need for the leave arises or as soon as possible thereafter. Supervisors shall approve requests for bereavement leave in the absence of unusual Town operational requirements. Section 4-6-4 Definition of Immediate Family For purposes of this policy, "immediate family member" +s shall be defined as the employee's spouse, parent, child, brother ef sister, carandparent. arandchild. mother-in-law. f her-in-I w. son-in-law. dauahter-in-law. brother-in-law. sister-in-law. or sten-child #�ie , , , , , , , , and any other person whose association with the employee was similar to any of the above relationships. {00027977.DOC / 14} 4-14 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 74 of 113 �� .,� :f t �. taw�o��,�� CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides n i job-protected family and medical leave� ^f ��°°^^° ,•,�+"^� �+ ^^.� to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. y - . . . . .. - . - .-. . .� . � . .- -.- -.- . � �•� . . - .- �-.--.. . -. ... . .. . . .. . -.- -.- . . Section 4-7-1 Qualifying Reasons for FMLA Leave Eligible employees may qualify for FMLA leave for one or more of the following reasons. A. A serious health condition that renders the employee unable to perform the functions of the employee's job. B. The birth and care of a newborn child of the employee. C. The placement with the employee of a child for adoption or foster care. D. To care for the employee's spouse, child or parent with a serious health condition. E. To care for a covered servicemember of the Armed Forces with a serious injury or illness. F. Any qualifying exigency related to the active duty or call to active duty of a covered military member. Section 4-7-2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty status or call to active duty status as either a member of the regular component of the Armed Forces or a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. B. Covered servicemember. The employee's spouse, son, daughter, parent or next of kin, as defined by federal regulations, who is either of the following: 1. A current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness or who is otherwise in outpatient status or is otherwise on the temporary disability retired list. {00027977.DOC/ 14} 4-15 iononz Regular Council Meeting - October 16, 2012 - Page 75 of 113 �� /�►��: ��/t�, T01YN C)F MARAN CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 2. A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces, including the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. • • - • . � • . � • • _ - � -• • . � • • • • -• • • 'll! • - • - • • -- • • . • • • • •- - - • - • • -� - • - ' • • -- • - • • -- - - • • - � - • -• • • 11' • -� - • • - � . • - - • • • - - D�. Health care provider. Health care providers who may provide certification of a serious health condition include: Doctors of inedicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under state law and performing within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country E. Ke emnlovee. A salaried FMLA-eliaible emqlovee who is amona the hiahest qaid ten �ercent of all Town emplovees. as determined pursuant to the orovisions of the FMLA and accomqanvina reaulations. F�.Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility {00027977.DOC / 14} 4-16 ioiioilz Regular Council Meeting - October 16, 2012 - Page 76 of 113 �� 1�IAC�AI�A �� /I\ � o,��s�a� CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 2. A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) 5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) Sz€. Serious injury or illness. An injury or illness incurred by a member of the Armed Forces, including a member of the National Guard or Reserves, in the line of duty on active duty in the Armed Forces or an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating. 2. A qualifying injury or illness, as defined by the Secretary of Labor, incurred by a veteran in the line of duty on active duty in the Armed Forces or an injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces and that manifested itself before or after the member became a veteran. H�.Veteran. A person who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable. Section 4-7-3 Eligibility A. An "eligible employee" under the FMLA is a� classified or unclassified employee who has: Worked for the Town for at least 12 months; and 2. Worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the FMLA leave. {00027977.DOC / 14} 4-17 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 77 of 113 �"�''�",� �',"�. �� .�t� �o,��o��&�a CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. The 12 months a�e��le�ee ^,� �°��b�e� erx�:�Ted-p7-+"�n re�uired bv �araaranh (A)(11 above need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Town (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months," 52 weeks is deemed to be equal to 12 months. C. Whether an employee has worked the minimum 1,250 hours is determined according to the principles established under the Fair Labor Standards Act (FLSA) for determining compensable hours of work. Section 4-7-4 Leave Entitlement A. Eligible employees, other than employees qualifying for leave to care for a covered servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12-month period. B. Eligible employees qualifying for leave to care for a covered servicemember with a serious injury or illness shall be granted up to a total of 26 weeks of unpaid FMLA leave during a single 12-month period. C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition. D. Married employee couples may be restricted to a combined total of 26 weeks unpaid FMLA leave within a single 12-month period to care for a covered servicemember with a serious injury or illness. „ . „ . .. . . .-. Section 4-7-5 Qualifying Exigency Leave under the NDAA {00027977.DOC / 14} 4-18 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 78 of 113 � -r=' � .- �� `, "� .. �� /t\ tOWN OF MARANA C�:1_1��=�: �, EMPLOYMENT BENEFITS AND LEAVES An eligible employee who has a spouse, son, daughter or parent who is a covered military member may take up to 12 weeks unpaid FMLA leave within anv 12-month neriod for one or more of the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment B. Military events and related activities F G C. Childcare and school activities D. Financial and legal arrangements E. Counseling Rest and recuperation Post-deployment activities H. Additional activities or events arising out of the covered military member's active duty or call to active duty status provided that the Town and the eligible employee agree that the leave qualifies as an exigency and agree to both the timing and duration of the leave. Section 4-7-6 How FMLA Leave is Measured A. Except for leave to care for a covered servicemember with a serious injury or illness, the Town uses a rolling 12-month period to calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. B. For leave to care for a covered servicemember with a serious injury or illness, the "single 12-month period" begins on the first day the eligible employee takes FMLA leave to care for the covered servicemember and ends 12 months after that date. Section 4-7-7 Use of Accrued Paid Leave FMLA leave is unaaid leave. unless an emplovee uses accrued qaid leave balances durina he FMLA leave qeriod as described in this section. The Town reauires €employees s�ia� �e—�eq�i�� to use any accrued paid leave balances � �, ', concurrently with approved FMLA leave to the extent n cessarv for the emqlovee to cover pavment of the emqlovee's share of anv insurance premiums. Th emqlovee mav choose to use onlv the amount of paid leave necessarv to cover the cost of the insurance qremiums and to save other accrued leave balances for fu ure use. or the emqlovee mav choose to use accrued qaid leave balances to cover his or h r full salarv. The use of naid leave time is subiect to the leave aolicies set forth in this {00027977.DOC / 14} 4-19 ioiioiia Regular Council Meeting - October 16, 2012 - Page 79 of 113 r.-+'`�'��,�� 1�►��►�� ..�.�.'`�'� ! '� T67WN O� FAARAtJA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � ��V��$,�e-��e •,I.,ne�J �,n � �n.,.,�..1 C11A1 A Section 4-7-8 Request for Leave A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4-7-9 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember �e � required to submit a medical certification form from a health care provider verifying the serious health condition, injury or illness and the need to provide care in the case of a serious health condition, injury or illness of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4-7-10 Certification for Qualifying Exigency Leave under the NDAA Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide certification describing appropriate facts regarding the qualifying exigency for which the leave is requested. The certification shall include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. The certification shall also include the expected beginning and ending dates of the leave. The first time an employee requests leave for a qualifying exigency, the employee shall also be required to provide a copy of the covered military member's active duty order or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service. Section 4-7-11 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA-qualifying, the {00027977.DOC / 14} 4-20 ioiioiia Regular Council Meeting - October 16, 2012 - Page 80 of 113 �� f l '� TOWN OF M1tARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Town shall designate the leave as FMLA and inform the employee of the designation within five business days after receiving the employee's request for leave. • 1 ' � ' 11 1 . • � � • - • � . � , � � • • I � 11 1 . � � -� . - -�� • -- • - • - • - --• • _� - - .�� - • - • ��• •- - • •. -• • - ,•- �. • • • - • - • • � • - • •�- _ • - - - • • -- - � -• . �- • • • �- - - •- •• �- • • • •- - 1 �• - • �- •- - _ • • - - -� • • -- •• • . .• - - • • - � • -- �- • � • • ' - - • 1_ �- •� � - • • •- - • . •� • - • • �-� •• • • - •� • - - - � � • -- ' - - � • - - �. -.• • - -• �- • - � • •- - - -�� • -- - •�.� - - - 1 � • - • � • . • • - • l I' _ll . � - � . - - • • - - - • - • -� • - --• • - - • • -- • - . I �j:,;: - - • • -- •� 11 - - - - •- • - �- • � • - • -�� • -- -.• •1 - - - • �- �• - ��- • - _ 1 • • � - •• - • �- • • - - - - il � • -- • •- 11 ' •1 l _' _1 " -1! .1 - -� • • -- - - • - • - - • - • • • - � �- • - � • � • � • - • •- - - - - - • • • - - - •- •• C. The Town shall make the determination of whether the reinstatement of the kev em lo ee will cause substantial and arievous economic iniurv in accordance with the �plicable nrovisions of the FMLA and accomnanvina reaulations. D. If the T wn fails to provide timelv notice of the determination to the kev emnlovee, the T�c wn shall reinstate the emnlovee even if substantial and arievous economic iniurv will result from reinstatement. Section 4-7-1�� Intermittent Leave Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care for a family member with a serious health condition or to care for a covered servicemember with a serious injury or illness shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for such leave. B. Employees requesting intermittent FMLA leave for a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide an estimate of the frequency and duration of the qualifying exigency and an explanation regarding the necessity for such leave. {00027977.DOC / 14} 4-21 ionoi�2 Regular Council Meeting - October 16, 2012 - Page 81 of 113 �-�'=�-�� : ��,� � °� T6WN OF HAARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a foster child. Such leave may be taken only upon approval by the Town. D. The employee must attempt to schedule intermittent leave in a manner that does not unduly disrupt the Town's operations. E. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-143 Maintenance of Grou Health Plan Benefits �pse A. Subject to the terms, conditions and limitations of the applicable group heatth insurance plans, the Town of Marana shall maintain group health qlan benefits �^°� �� ss�e, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who is on paid FMLA leave via the use of accrued leave balances shall continue to pay his or her share of the aroun health �lan insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the aroup health nlan insurance premium, if any. If payment is more than 30 days overdue, , the Town shall arovide written notice to the emplovee that �avment has not been received and that coveraae will be droaqed. The notice shall be mailed to the emnlovee at least a#�e� 15 days efore coveraae is to be dropped w�i�er-} ne�ise �° ^�^.,;�'°�' +^ +"° °�^�^.,°°. f the Town qavs anv of the emqlovee's share of rou h�alth plan nremiums. the Town mav reauire the emnlovee to reimburse the Town for the emalovee's share. If coveraae is droqqed, i shall be dropaed r roactivelv to the date the unnaid �remium oavment was due and the qrovisions of the federal COBRA law shall aaqlv ��" h° ^�°r°,� D. The Town's obligation to maintain rp oun health I�an benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is exhausted. In some circumstances, the Town may recover its share of premiums it paid to maintain rQ OUD health I�an insurance coverage for an employee who fails to return to work from FMLA leave. Section 4-7-1�4 a� Maintenance of Other Benefits {00027977.DOC / 14} 4-22 ioiion2 Regular Council Meeting - October 16, 2012 - Page 82 of 113 �-t`""��..,`�`�. ��.�� /!\ T9WAf UF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �� ' • / • • • • � • • l� . � � � • • � • � ' � ' • • � • ' - • • � • ' ' • • � - • • . � j ' � j • . ' _ • • _' • , � � _ _ _ _ _ _ _ ' ' ' ' ' � � ' ' j � • ' - - • • • - • • • • - '• ' � •� ' • �- - u � • '- •• - •�j �/ � ' ' i ' - j• • " • • •. • � - - �- - • -• - - •� .l - �. •� � - • •. • - • .j �• • • • - • . - • - U ll • •� •. • •-• •� [��1 " • • -- • • • • � ' - - - - - - -- - •. - •- - - - • - • - �-�. - • � • - - • - .� �• • • • - • . � - • - 1 ll �. -� • - 1 •. • - • - - • • • •- - �• - • - - �� • - •. - • •--� - - -• . • • - _ •- • • ��-• - �• - •- 1 . -• • - - �� • -- - •. •- • - • - . �- • •- • •� �-• - • •_ • �- -�� • -- - • 1• • • • - • .� • - �- • -• - �- - • • - • • - • • -�� • -- - • . • • ��-• •- • • - •. - • - •. - " .I • • - Il Il •. - • - Section 4-7-1�a � Break in Service , , , . The 1�use of FMLA leave is not considered a break in service �er� �r purooses of determining ��^�h;�;+. f„r .,e�+;.,,, ,,. f„� .,�.+,,.;.,�+;,,., ;., ��e..ef;+ senioritv or leave accrual rates ��ction 4-7-17 Additional Leave A. If h emqlovee is unable to perform the full essential functions of his or her nosition. with or without a reasonable accommodation, at the conclusion of the FMLA leave nerio�. or if the emnlovee needs additional time to care for a child. spouse or aarent with serious heal h condition or a covered servicemember with a serious iniurv or illness. the em lovee mav reauest administrative leave for medical nurooses qursuant to Policv 4-8. B. The Town mav reauire undated medical certifications to supqort the need for the additional leave. {00027977.DOC/ 14} 4-23 ioiioii2 Regular Council Meeting - October 16, 2012 - Page 83 of 113 _�-�"' �',�_,.��`,,�"� MARAI�A •�/t� tawrt m� naa�aNa CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �- • 1 1• •• • . -• • � . .• - - - • -• • •• - • - - - -• - � � • • �- �� - • •�- • �--� .�� .� � -� - -� Section 4-7-1$6 Return to Work ` ��• • -- - • •11 • - - � -�- - - •� • - . � • �- - •• • • .� -� - •• • � -� - •. •- - • � • . I •�• • - •� •� • - - - .� - - - • • -- � • � - • • - • • - •�� - - • �- - • • -- • - • - - • •� � _- •� . - - - - �• • - �� ' - - -� - • 1 •- •• � An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. ��. An employee on FMLA leave for the employee's own serious health condition shall provide a�•��+*°^ �°'°^°° s�rtification of fitness to return to work from a health care provider to the Human Resources Denartment �^°}�^^ �"°+ +tio o.,,.,�,,.,ee .,,.,., rec�� mo t�o f„�� e��o.,+,.,� f,,.,,.+,,,.,� „f h;� �r her .,,,�,+,,,., prior to or immediately upon returning to work. f the emqlovee does not nrovide the certification. the Town mav delav restorina he em lovee to emplovment until the certification is qrovided. If anv work restrictions are s ecified. the nrovisions of these Personnel Policies and Procedures related to alternative work assianments/liaht dutv mav anplv. �� . . --- - - ' - ' - ' ' ;+a -' ' - - - ' ' - - D. A kev emqlovee who has been notified that restoration to employment will cause substantial and grievous economic injury to the Town's operations ma still reauest reinstatement at the end of the leave neriod. #�e �� do� ^e fho Tn��in m� ic�4 nn4if�i 4 r�lr��i } 4� i �� i�� -oo, �, ,�, o,., ��a�� ot„ erx� in wri�ing ef his er her��as-�—IEe�- The Town shall then make a final determination as to whether reinstatement will cause substantial and arievous economic iniurv. based on the facts available at the time be ,�o.,;e,� .,+ +he o�,� ..f +ho �e..,,e .,e.;,,,� ;f the employee #�e� requests restoration. If the Town determines aaain that substantial and arievous economic iniurv will result. the Town shall notifv the kev emnlovee in writina of the denial of restoration. €s�sses-e€ , „ Section 4-7-1�� Termination of Employment {000a�9��.�oc i �a} 4-24 ioiioi�z Regular Council Meeting - October 16, 2012 - Page 84 of 113 r_-'' ��H � /`l�. TflW q� MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � "Il! • -- �.• - • •- • - - - • • • - •• • • �• -, •�.• - • •�. •� - • • • - ' - - • . -� - • .• - - - • -• . • •• - •--� •-� -� • �- - � • - •-- .• - • •- • i� - - - •� • • �- - •• • • • -. • _• - • •�_ • • • - - 11�1 l • l •- •• - • - -�. . • • - • • • • •• - • . � • - - Il' 11�1 •- - -• •. -• • 1:1 �• • ��- -�� • -- .�• • • -• • •. l�- -�� • -- � If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. ��. If an employee fails to report to work at the conclusion of the FMLA leave period and has not submitted a written ' e�a request to use other forms of leave, the employee is considered to have resigned. {00027977.DOC / 14} 4-25 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 85 of 113 �� .�'/ ! \ TOWN OF MAAANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES ��_�=�11 - � � � --- -- M - � i � _ ♦ � _ _ _ _ _ ' _ Conf:�r� A_4_4 CI:�:h:1:4�. �7T'}�I G'7'� - - - - - - - - ' ' - - - - I�JFPFi_ � , • . .1:..: _ - - - - ' � - - � � . � � . . �- � - � � . � . . ■ � � � � � . . � � . � � . � , . � � � . . . � - - - - - - - � � � - - - � � . � - - - �� . � � � � � { 00027977.DOC / 14 } 4-26 i oi i oi� z Regular Council Meeting - October 16, 2012 - Page 86 of 113 �� MARAI�A �t/ t \ TC3WN OE MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-$� ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-$�-1 Eligibility � The nrovisions of this qolicv annlv to all #�Legular full- and part-time classified and �anclassified employees, including those serving in an initial evaluation period, and term- limited temporary employees ��• d�.6s�v{� 4�� °��nc.4 f�r Ailmir�ic�4r.+�Fivs 1 s.+�iw \ - ■ - ■ � _ \ �i � ' � � � Manager �e be-in �h��es��r��e��s� ^f +he Tn��in Section 4-$9-24 Administrative Leave ' for Medical Purposes . . .. „ ._ { 00027977.DOC / 14 } 4-27 i on oi � z Regular Council Meeting - October 16, 2012 - Page 87 of 113 �� ^.�`':/` 1 �, TdV1N P€ MP:FWNA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � ' - � - • • - - • • - ' • � � � � • ' • • - • � � � • � • ( . ' � � • � � • ' • • ' • ' . • � ' ' • �� ' • � • � • ' • � • ' - � • ' • ' • � � • • • ' ' �' • ' �• ' • � • �• � _��.• • " • � . • ' ' • - • • • • ' • ' • ' - ' - • • � ' ' • • • . ' • • • - -• 1 -1 l"ll �- •- 1"• � I' 1/_� _ • - � ♦ . ' - - - -- - - - - ,� � - - „ � - - • • - -�l • -- � • -• - • • 1 - - • ��-• • •• - • �- j�. '- • - �-�. - 1 •_ _• -• •- -.•-- - � • - -� • • - • - -• - • .• - - • ��-• • •• - • ■ 11-1 i' • - � •• • . .• - • j • - -.• - - - 1 • • • - • • • �. .�- - • • - 1 • - --� --• • .• - - - • ��-� � •• ' - • • -- -• - • • - --� _• - - - • ll'� • �• - �. - •• • • • •�� l - • -• -��. - • -�� -• -��- D. Requests for administrative leave for medical purposes must be accompanied by a medical certification from a I+se�sed health care provider documenting the medical necessity for and expected duration of the leave. E. The Human Resources Deqartment shall review the reauest for administrative leave for medical aurqoses with the emqlovee's Denartment Head and General Manaaer. where apqlicable. In considerina the leave reauest. the Town shall consider the imnact to the T wn's oqerations and staffina reauirements. F. The Human Resources Department. in consultation with the Denartment Head and General Manaaer. where aonlicable. may grant administrative leave �� for medical purposes in increments of up to t� ^��;n",v 90 davs at a time, provided that the total time the employee is unable to perform the essential functions of his or her regular position, with or without a reasonable accommodation, does not exceed the equivalent of 12 months in any 24-month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full-time employees and pro-rated for part-time employees. :sn . - - ' - L:a� - ' ----- ---- = — - - — — — — {00027977.DOC / 14} 4-28 iononz Regular Council Meeting - October 16, 2012 - Page 88 of 113 �� A�� /C\ TOWhF OE MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � . ' . . '_ ' _'. .. � .. -' " '_ "' '. . .- . . - ■�. ... �. � • � ' • 1 ' � 1 • 11 1 • ► • 1 11 ' • � • ' • • - - • • -- • - •�� - -• •1 - • • • • • - - •�I Il. -� - .�� - - - • 1�1 l '• • •• - .��. 11� • -- �• - .• - - - • •� -• • •• - • • • • - - �� • • • • - - - • • - C • • - - • • -- •L � "l -� - • .�U - - - • • ��-• � •• - • - �-�. �- �-_• . - 1 •. • • • �- .� • �- -• - -• - - . The De�artment Head shall review the reauest for administrative leave for non-medical �urposes with the General Manaaer. where aaqlicable. and the Human Resources De artment. The Denartment Head. General Manaaer. where applicable. and the H man Resources Deaartment shall make a recommendation to the Town Manaaer r�rdinq the reauest for administrative leave for non-medical aurposes. In considerina the I ave reauest, the Town Manaaer. or desianee. shall consider the imoact to the T wn' oqerations and staffina reauirements. as well as anv ootential benefit to the T wn resultina from the emqlovee's leave. D. The Town Manaaer mav arant administrative leave for non-medical qurposes in anv increment. for a maximum of un to 90 total davs of leave. �- .� . .-� • A. Admini rative leave for medical or non-medical nurnoses mav be naid or unqaid. as described in this section. B. Th Town reauires emqlovees to use anv accrued naid leave balances concurrentiv with a roved administrative leave to the extent necessarv for the emolovee to cover pavment of the emqlovee's share of anv insurance qremiums. The emplovee mav hoose o use onlv the amount of aaid leave necessarv to cover the cost of the in urance qremiums and to save other accrued leave balances for future use. or the em I vee mav choose to use accrued paid leave balances to cover his or her full salarv. The se of qaid leave time is subiect to the leave qolicies set forth in this chaoter. {00027977.DOC / 14} 4-29 10/10/12 Regular Council Meeting - October 16, 2012 - Page 89 of 113 �� MA�AI'�!A .` �/_I'�. TOWM�FMARANA � CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES -��• • - •�- �• l. - -• •. • - - •. - • - •. • - - �- -�� • -- •- • -• • •_ • _�l1 t - - - � 1 ' • � 1 • 1 ' • ' • 11 1 • � � - � . j ' - . • ' ' � � - • � - � - • ' � - � . - .� • . • - i�.� '- • � - • • -u • -- • .�� - - - � •. • •- �• • • - • • • •• - � . •-�• • - - • - • • • - .� - • • -- • -• • _• - - - • .� • � - •� ,� •• - . • • _ -• � �- - u � • -- • •- • - - •- • - l- - .�Il - - - • • • • -. •� •� • �-� .• - - - �. • • • - --• •. •. �- '- • - � - �.11l' • - • - - • 11 " •� ' ��. � -�. � - • -�- A. An mplovee who is on qaid administrative leave via the use of accrued leave balances shall continue to �av his or her share of anv arouo health qlan and other insurance premiums throuah navroll deductions. B. An em lovee who is on unaaid administrative leave must nav both the emqlovee's and he Town' share of anv aroup health plan and other insurance aremiums in order to m intain c veraae. The emqlovee must make aavment arranaements with the Human Resources and Finance Denartments. If pavment is more than 30 davs overdue. the Town hall qrovide written notice to the emnlovee that navment has not been received an that coveraae will be drooaed. The notice shall be mailed to the emnlovee at least 15 da s before coveraae is to be dr000ed. If the Town qavs anv of the emqlovee's or he Town's share of aroup health qlan or other aremiums in order to maintain coveraae. he Town mav reauire the emqlovee to reimburse the Town. If coveraae is dropped. it sh II be droqned retroactivelv to the date the unnaid qremium navment was due and the provisions of the federal COBRA law shall apqlv. Section 4-$8-75 Return to Work A. b��ie rccinnc� {00027977.DOC / 14} 4-30 ioiioii2 Regular Council Meeting - October 16, 2012 - Page 90 of 113 r:�`'�,��''� ��. �..�:�1�. SOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � The Town is not obligated to hold a position vacant or to return an employee to a position following an n i administrative leave �n�a� that is not part of an approved FMLA absence. C � -� • • -- • .• - - - • ��-� • •• - • • •- �- .� �- • �- �. - - • •. .• • - • - •_ - �- -�� • -- � - • • - � • � • � ��' -�� • -- • .• - - - • -� • •• - • - - L � • -- • � - • - • • • • • •- -� . •� • �- • - � • • � •ll . 1 - • • •- • - �.� '- • - �-�.� - • • • • Illl'� , - •�� - i �� • • - - • • -- •�- • • • •- �- - . •l 1' • � 1 1�- •- - • • - - • • -- • - j • • - - . • • • �-� -1 � • - • •- -• � • • •� • �- - '- •��- '• - .�• ' • -• - - -• • . - - • • U • • _ •• • - �� • • � • L ' 1 . A. If n emnlovee is unable to perform the full essential functions of his or her position. with or without a reasonable accommodation, at the conclusion of administrative leave for m dical �urnoses and a reauest for further leave has been denied. or the emalovee has been unable to perform the full essential functions of his or her reaular nosition. with or without a r onable accommodation. for areater than 12 months in a 24-month aeriod. the T wn mav initiate senaration of emplovment. For auraoses of trackina leave time. 12 m nths will be measured based on 2080 hours for full-time emolovees and aro-rated for part-time emqlovees. B. If an emnlovee fails to report to work at the conclusion of administrative leave and has n submitted a written reauest to use other forms of leave. the emplovee is considered to have resianed. �- . �. . . �..- The enial of a reauest for administrative leave. or the olacement of an emplovee on Town-assi ned leave. is not subiect to aqqeal under the nersonnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. {00027977.DOC / 14} 4-31 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 91 of 113 �� ..�.�':/` 1 \ TOWN OF FAAFFANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-�a-9 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to return to work due to his or her own serious health condition or the serious �iealth condition of an immediate family member as defined in this policv. Section 4-��A-1 Definitions . _ - _ - _ - - . . .. - . � .. - . - • � • •- •- -• _ - •l� � �• • -• - - • �- - '- •� - '• - .�• ' • -• - _ • • •• - • � •• -• . - - •- •- •- -• _ - •l� 1 •• � - • �- - '- • - '• - .�• ' • -• - - - . Section 4-�a-A-2 Eligibility A. The �rovisions of this nolicv apqlv to all �regular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term- limited temporary employees ��• B. T be eliaible to receive and use donated leave. emnlovees must meet all of the followina criteria: 1 �^;h'° °m^'^„°°� ^,,,�+ hge on a� approved FMLA leave or �e�+sa� administrative leave for medical auraoses. 2. #Have exhausted all accrued paid ,�, leave balances that the emplovee is eliaible to use . 3. Have aqplied for anv other available comnensation and benefits that the emplovee mav be eliaible to receive under disabilitv insurance coveraae nrovided bv the Town. such as workers' comqensation and short- and lona-term disabilitv. {00027977.DOC / 14} 4-32 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 92 of 113 r_- �.�.. ', ��` ` �,,� �� :.�t�, TGWN 6)F PAARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. 9- Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position with or without a reasonable accommodation. for a period of time equivalent to 12 months in a 24-month period. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full-time employees and pro-rated for part-time employees. � � . . ■_ -,—=.-r,� �eavv� . . - - - - - - �_• €. f tn�-��sCq rinn�4cr! Ic��io ��iill he re�� irncrl Ir� 4hc rinnr+4inr. emn�ln�� c ZfVT'TQ[riQZCOTG�fTfTV .�i1 4Tl7TTTriC� VT .ri� � � ! � Section 4-��-�4 Request for ponated Leave . . ■- �. The �°^� �°c+�^^ °Employee mav reauest donated leave bv � submit in #�ie completed a�'�,.�tae��sr dar�a�e� 4ea�� reauest form. available in the Human Resources Department� to the Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a I+se�se� health care provider documenting the medical necessity for and expected duration of the leave with the completed form ap�l+sa�+e�. {0002�9��.DOC i ia} 4-33 ioi�oiiz Regular Council Meeting - October 16, 2012 - Page 93 of 113 R-�'' a "`"��. ��►��r�: �..�'��`'� t � tOWN pF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES i • • -- � • . �� -� ' • • ' � U _� ' ' • .• - ' - • -• • •• ' •' •• • • - 'j� �• -- •' ' • - - - .�• ' •• -• - - _ - _ -_ - - • - � - � � - - - -� - • - - �- - • • -- - • � �- -�� • -- - • � - - �- • �-�. 1-� � �- •• - -• - • •• -• - - . • . • • •- •- - -• • 1- .��.� '- • - �- �. • � � � • � . • � • /' � • -- •��. - - - • • � . •�� - -• - - •��. • • _• - - � - • - �- �. - • - ■ _ l-1 i' • - �- - - •- • •• • - • • -- •- - • • •- i • • -- 11 • I - •• • • • - � - - • .• - - - • -• • •• - •- •• • • - • • -- •- - • ��,�,t - - .�• • •- •� - -��• • -- •- - • •• - - - • • • -- •��_ - •1 • - - • .� • - • • 1• • • • 1. D natina emnlovees must maintain a total balance of 80 hours of sick and vacation leave. 2. Em lovees mav onlv donate un to 40 hours of sick leave per calendar vear. Em lovees mav donate as much vacation leave as thev choose. qrovided that the mandated 80-hour balance is maintained. D. Em lovees must donate leave in full dav increments. based on the number of hours in he receivin emqlovee's work dav. That is. if the receivina emnlovee works eiaht hour d vs. the donatina emplovee must donate leave in eiaht-hour increments: if the receivina emnlovee works ten hour davs. the donatina emnlovee must donate leave in ten-hour increments, and so on. E. Em lovees must qledae un to a certain maximum amount of leave hours thev will donate f r a aarticular emolovee durina a particular leave aeriod. The nledaed leave hours will remain in the donatina emalovees leave banks unless and until thev are needed bv the r ceivina emqlovee. at which time the Finance Deqartment will draw from the pledaed leave hours. F The Human Resources Department will review the leave donation form to ensure that the onation com�lies with the arovisions of this nolicv. As the Finance Denartment draw from the nledaed leave hours. the Finance Denartment will monitor the donation {00027977.DOC / 14 } 4-34 i oi� oii2 Regular Council Meeting - October 16, 2012 - Page 94 of 113 r_-�'=""�L� �,"`� �� '` ! �. tflWN OF MEARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES • ' - • -• • • � � � ��. �.�. • i� • ' ' •� . � • • • • / • • j�• ' •�- - • • -' •• . - ' - • . •. � • • �� •' •-• -• •�� - •��• - - •. . - • • _ �• •. - • •- �. •• -• l •- � -� - •. -• • - •- • �• � �- - - � -�� • -- �• •_ - - • •� - • • •��, -• - - - • • - - � • -- - - - �- • . - �- - • • -- _• - • •- • - - - • • • - -• �• • � • • -_ •�.� - •llll��. • • - --• - -� -� • • 1 � .l • •- •• • • •• - • 1 - - �- • � � •- - -• •. -• • 1:1 • • ��- -�� • -- .�� • -• • �.� - -�� • -- �• -• - - 1• �l. • •- • . � •�� . • -� • �- - - � - 11 � • -- �� - �- •• �• - • • -- .l . - • - • • -- - - - �• - •• -- .�• �- • - •- • •• • _ • • - �. -• •• -• - - • �- •• _ • -ll • -- • • • • • � � • - The mqlovee's nav shall not exceed the emplovee's normal weeklv earninas throuah anv combination of donated leave and other qavments received bv the emnlovee. such as workers' comqensation benefits or disabilitv insurance pavments. If the combination of pavments results in the emqlovee beina qaid more than his or her normal weeklv earninas. the Town shall reauire the emalovee to reimburse the Town for the overpavment. Section 4-��A-f5 Maintenance of Benefits An €employees who i on leave and usina donated leave shall be-seas+�e�e� �e b�in a�°��' °'�� c. Th�refer�, �e�•�^�;Qed ^'^��ee�e�e#i+c�'R continue o a his or her hare of anv aroup health plan and other insurance qremiums throuah aavroll deductions ' . •, - A. An emqlovee who is on leave and usina donated leave shall not accrue anv sick or vacation leave durina the leave neriod. B. An em lovee who is on leave and usina donated leave at the beainnina of a calendar vear shall still receive the full allotment of aersonal leave. {00027977.DOC / 14 } 4-3 5 i oi i oii 2 Regular Council Meeting - October 16, 2012 - Page 95 of 113 r:-�'�'��"��'"�. MARAI�A �.�I� row��a CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-1Q�-1- GROUP BENEFITS The Town of Marana provides group benefits coverage, �^^'� �^'�^^ ^�°�'�^�', �'°^*�', '^^^ +°�^^ �i�a ^^°°, as determined by the Town Council for eligible employees. The Human Resources Department is responsible for implementation and administration of all group benefits and insurance plans. u�- �=rr�er�:�:*s�ee� - - - - - -..._,... r- � Section 4-1Q�-1� Group Insurance Coverage A. For urnoses of this qolicv "arouq insurance coveraae" mav include health. income �rotection and life insurance nlans contributed to bv the Town and emnlovees. B. The Town contributes to the costs of p�e�+�+ag group insurance coverage for full-time employees and those part-time employees whose normal work week is at least 20 hours per week. The Town may also contribute to deper�e� coverage for eligible dependents of these employees. ._ ._ „ Section 4-1Q�-24 Retirement Plan� A. The Town r�articioates in the Arizona State Retirement Svstem (ASRSI. the Public Saf tv Personnel Retirement Svstem (PSPRS) for sworn qolice personnel. and the Corr ions Officer Retirement Plan (CORP) for disnatchers hired qrior to November 24. 2009. Th se retirement svstems are aoverned bv state law and the provisions of this policv are not intended to conflict with or supersede state law. nor should thev be inter re ed or construed to do so. If anv qrovision of this qolicv conflicts with state law. state law shall control. {00027977.DOC / 14} 4-36 ionon2 Regular Council Meeting - October 16, 2012 - Page 96 of 113 .r�' ��►�r�l .�/i\ TOWN �€ N3l1kANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. Employees whose normal work week is 20 hours or more and who have met the eligibility requirement� of the retirement plan are required to participate in �"°�� a�c-F�c#+�erx�e��s�e+�{ASRS} or, where applicable , ##�e �� ihlin C.�{e}�� Dorc��nnol Do4iromor�4 Cve�iem �PSPRS� or CORP. ��. Retirement benefits a�e accrue from both employee and employer contributions. The amount of the G�ontributions is determined by state law �e-�#�e � .,��,.�,�i�=�*rp�;�. D�. Employees are vested in accordance with the provisions of the retirement plan in which they are enrolled. ��. If an employee terminates service without retiring, accrued contributions, �•��+" °'�rne�J ;.,+e.-e�+ are refundable �e�es� in accordance with the aanlicable olan's rules and state law Section 4-1Q�-�5 Employee Assistance Program A. The Town provides an employee assistance program (EAP) to all regular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, a� term-limited temporary employees and short-term temqorarv emnlovees. B. When an employee voluntarily seeks assistance from the EAP, confidentiality is maintained. The Town will not be informed that help has been sought unless the employee requests that the information be released. C. When stress or personal problems interfere with job performance, the Town will encourage and may require participation in the EAP to deal with job-related performance issues. When participation is required, the EAP provider will maintain confidentiality +s ma;^��ed�,",�€�,°- and will only verify that the employee has participated as required bv the Town. D. Use of the employee assistance program may be a condition of continued employment if the Town's drug and alcohol abuse policy is violated. E. No employee will have his or her employment or promotional opportunities jeopardized solely by participation in the EAP, nor will participation in the EAP protect the employee from disciplinary action for substandard performance or misconduct. {00027977.DOC / 14} 4-37 ioiiona Regular Council Meeting - October 16, 2012 - Page 97 of 113 t�"'' � ��►�,`�►��l � 1 I �, towra o€ raaKanta CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES - .� - � • . � .� -�- - . • - . - . .� . .- - _ � - .- - . .-.-�.-� • _� . •- - - ._ • • - . -- {00027977.DOC / 14} 4-3 8 i oi i oi i z Regular Council Meeting - October 16, 2012 - Page 98 of 113 r_ -'"`� ', . . i _ ,�' � ' " � ► ' � ��,��,�1► �/I\ �oW�oE�A�� CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-�� WORKER'-S'_ COMPENSATION •- ` • �l_��. •� • -� � • - • - - • - • •- � � .� - • - - � • -- • - • •- • • - 1� � �l -• • - � • -- -1 -• • - - - �- - • •• - -• • - • .�- �• -• - • - - • •• - -• -� �- -• - • • -- - • • - • - - - u-• •- - _1• � _ - - - - 11�• , • •- . • - • • -� - - - ll • - - -1 ll_ • - - - •- - • •- •� •- - •• - • • •�• - � -• - �- � • • • � •• - • 1 "1� • •� • •- -�- - . � • �• • - •- - • - -• • • -• • •• • .� • • • • •• •� - - •� • � Section 4-11�-1 Reporting Requirement� �,4��-eEmployee� shall immediatelv renort anv ' job -related accident illness or injury. reaardless of severitv. ��e#ined-h,�:"„��at ��rLcr°c (`nmr�cna�fi�n to "�°,�„o--^� ;� their immediate supervisor. �,�m�i I�i hi �4 nn I�}�- �n hni �r� � e�- +h� ��nn'��a�+ nr ini� �ni 4n cmnln�icc ��ihn � ef +"° ^^^� �^�+;^^�� ^°�� If the employee's �es� immediate supervisor is not available, or if the employee's immediate supervisor is the employee's Deqartment Head. the employee shall report the accident, injury or ess�a�ier�al illness to the employee's Department Head. F^��ro +„ ronr�r+ �ho .,,.,.,,�e.,+ ,.,,,,n, „r ;u„o�� ,.,;+h;., �� , B. The emnlovee's suqervisor or Department Head shall ensure that the accident. iniurv or illness is reoorted to the Human Resources Deqartment no later than the next business dav• C. In addition. emqlovees shall follow the reaortina procedures established bv the Human Resources Denartment. to include comqletina and submittina anv reauired forms. Section 4-11�-2 Ra�s Determination of Comaensabilitx , � . , n�vc� � �+4n4c_m�+nrl�4cr1 v�orncn4nne nf 4he crr�r�ln�ice rl�il�i ��i�nc {00027977.DOC / 14} 4-39 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 99 of 113 r_-�"��'�, ��,�► � ,�1\ TdWN �F MARAMA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES !��17 . r }irv�e c�4�ee} .�c. ° inr1� �e�4ri.�l rlic�.�hili��i °f - • � • - • •-� . •� - •- - Il l •��- .• • •• - -• - _�• - - • � ' • - • . 11 ' -• � ' _.� • - - ll � • -- • • • - - - •. •. • - • - • •• - -• • - �- - �� -• • •- •�� -� _• - • - • •-� . •� - � •. • - - � • -- -• -� �-� - • -• � �- •� - -• • �- • � �• •_ • •- . • •- - • • .� - •_ • �- � • • - • - • •-• � �- B. Time Lost Claims. Pursuant to state law. if an emalovee is off work for more than seven calendar davs due to a iob-related iniurv or illness determined to be comqensable. the workers' comqensation carrier will nav all of the emnlovee's medical exoenses associ ed with the iob-related iniurv or illness and some comnensation benefits for I t wa es. deqendina uaon the number of davs the emalovee is off work. The dav of the in'urv or onset of illness is not included in the calculation. 1. If the emqlovee is off work for more than seven calendar davs but less than 14 calendar davs. the workers' compensation carrier will provide comnensation benefits for lost waaes at the state-mandated percentaae of the emnlovee's averaae monthlv wa e for each dav off work after the first seven calendar davs. 2. If the emnlovee is off work for 14 calendar davs or more. the workers' comqensation carrier will nrovide comaensation benefits for lost waaes at the state-mandated t�ercentaae of the emalovee's averaae monthlv waae for each dav off work retroactive to the first dav off work after the dav of the iniurv or onset of illness Section 4-11�-43 Use of P-ai� Leave A. ' .��ie {00027977.DOC / 14} 4-40 ioiioii2 Regular Council Meeting - October 16, 2012 - Page 100 of 113 ��, �� .tI\ �owra a� r�ar�ar�a CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES • - •_ • - •- � • - - - • • -- • •- -• -• • - • • - - • .� .• - - , • - - • - •- � • �- �- - i� • - - • • - •- • • - • •. .�• - • - •- � • - --. • ll'� - • • - - • � • �- - -- • - •, - • • - -�� • -- • •- •_ • . � - • - •- .�• - • �- •- • �- • •- - - • • -- -• -� � •. : :-• • - • •. • •� l - •. • - •-� � • •� - • - • • -- ��. - -• - - •. - • _ • - - - -• • - •- • - � -• - • - •. • - - •_ _ - •- • •- -• • •, � - - - •• ' - • . • - - - • • -- -• -• - - •. . • - • • - • - •� •- . •� - � • • •- - •. - • •- . • •- - • • �. �- • - �� _ - �- - l�� • -- - - •_ _ - - . •• • - • • •- • - - • - �i- • - •. - •. • � • • •�� 'l •l •- - - • • - - • - •_ -� • - -�� • -- - - � - • •. - • - • -• • - - � • -- �• •_ • • - • �D. ' , � , afe-a�e��e s��4emer�� ^��;,;^�efl� +h��erx�^�Tee-i� el+ ��Tes°�. \A/�rLcr�c� �,,..,,,.,e.,�.,+.,,., he.,ef,+� The emqlovee's aav shall not exceed the emqlovee's normal weeklv earninas throuah anv #�e combination of aAFworker's= �compensation �s benefits, ' � leave and other pavments received bv the emplovee. benefi��aTm�n�-ol-ia��e� e�see^'a ��"�e�r°°'° n�rm�I .., earning. Th��ar��s�-s#� ' .,,,�,,.,, ;�-:�era�,��e +h�+ nn e.Y,.,�,,,,ee ,�„e� .,,,+ �„�e. .,., . If the combination of payment� ' �e�e€i�s results in the employee being paid more than his or her normal weekly earnings, the Town shall require the employee to reimburse the Town for the overpayment. E. For an absences durina which the emplovee is receivina compensation benefits for lost w aes from the workers' comoensation carrier. the navroll liaison for the emqlovee's de artmen shall record the emalovee's time on a time sheet or attendance record al ocatina that aortion of the emalovee's time that is beina naid bv the workers' comnensation carrier as "industrial leave" and the remainder of the emalovee's time as paid or unnaid leave. as annlicable. F. Wh n an emnlovee with a iob-related iniurv or illness returns to work. either in his or her normal ssianment or in an alternative work assianment (IiahUrestricted dutv). the molovee must use sick leave or other aqproved leave for absences due to medical apqointments. includina ahvsical theraqv. for the iob-related iniurv or illness. Anv {00027977.DOC / 14} 4-41 ioiion2 Regular Council Meeting - October 16, 2012 - Page 101 of 113 � 1�IA►�AI�A •�/`i�. �aw�o��a CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES -. - . - ... - - .. . - .- . .- -. , . . .., - , �- - - •• - - •1 _ - G�.The Town shall not approve the use of sick or vacation leave for an employee who has an injury, illness or disease incurred while employed by another employer. •� • i�, � -�.� - . -�- • • • • -- �• -• •. • - - •. . - • • • -L- • •- • •- - • • _� • - • . •• - -• • - �. • - • �, • - - • • • • - • . • • - - • - U .11 • •� •. • •-• •� B n em�lovee who does not use accrued naid leave balances to sun�lemen pensation benefits for lost waaes due to a iob-related iniurv or illness shall make r anaements with the Human Resources and Finance De�artments to make navments f r his or her share of anv aroun health nlan and other insurance �remiums. If navmen i re than 30 davs overdue. the Town shall qrovide written notice to the emqlovee tha qavm�nt has not been received and that coveraae will be dro�oed. The notice shall be ailed to the emqlovee at least 15 davs before coveraae is to be dronned. If the Town qavs__anv of the emalovee's share of aroun health alan or other oremiums in order to maintain coveraae. the Town mav reauire the emqlovee to reimburse the Town. If cov raae is droqned, it shall be droaned retroactivelv to the date the unpaid premium pavment was due and the nrovisions of the federal COBRA law shall aaqlv �ction 4-11-6 Coordination with the Sunalemental Benefits Plan for Public Safetv �m I�oyees If an of the nrovisions of this nolicv conflict with the orovisions of the suaplemental benefits I�r public safetv emolovees. as set forth in Policv 4-12 of these Personnel Policies and Procedures the orovisions of the sunnlemental benefits plan shall aovern for eliaible public safetv emnlovees. �ection 4-11-7 Miscellaneous A. A�ob-rela ed iniurv or illness mav also be considered a"serious health condition" under he Familv and Medical Leave Act (FMLA). In such cases. the Town will desianate the em lo ee's absence as FMLA-aualifvina. will aive notice of the desipnation to the employee and the FMLA nrovisions described in these Personnel Policies and Procedures will aqnlv. B. An emplovee returnina from leave followina a iob-related iniurv or illness shall arovide a certification of fitness to return to work from a health care provider to the Human Resource Department nrior to or immediatelv uaon returnina to work. If the emqlovee does not rovide the certification. the Town mav delav restorina the emqlovee to {00027977.DOC / 14} 4-42 � oiioi�2 Regular Council Meeting - October 16, 2012 - Page 102 of 113 ��`�� MA�AN� �' ;.`'`'�`'/ t � T6WtJ 06 MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES ' � • � - - � • • • • ' • • ' • � • � ' • � • • • • � - � - • - � • - • � • - • - - ' • • - l- l � ► • - � • • � • • {00027977.DOC / 14} 4-43 ionoiiz Regular Council Meeting - October 16, 2012 - Page 103 of 113 r.-�`'�� i��.�� •�'�`';� t � 7C�N'N O F MAiFANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-�.a-3SUPPLEMENTAL BENEFITS PLAN FOR PUBLIC SAFETY EMPLOYEES Pursuant to A.R.S. §38-961, the Town of Marana is required to provide a supplemental benefits plan for eligible public safety employees who are injured on the job and unable to perForm the functions of their position. The provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. Section 4-12.a-3-1 Definitions For purposes of this policy, "public safety employee" shall be defined as an individual who is a member of the Public Safety Personnel Retirement System (PSPRS) or the Corrections Officer Retirement Plan (CORP). Section 4-�a-3-2 Eligibility A. To be eligible for the supplemental benefits plan, the employee must meet all of the following criteria: Be a public safety employee employed full-time by the Town at the time of injury. 2. Be injured while on duty and eligible for workers' compensation benefits pursuant to A.R.S. §23-1021 and Policy 4-11� of these Personnel Policies and Procedures, as determined by the Town's workers' compensation carrier. 3. Be physically unable to return to work for the Town in any capacity, including alternative work assignments or light duty, as determined by the Town and as supported by the employee's physician or an independent medical exam (IME) ordered by the Town directly or through its workers' compensation insurance provider. The employee's inability to work in a capacity assigned by the Town, including inability to work light duty assignments, must be supported by appropriate medical documentation in order for the employee to remain eligible for the supplemental benefits plan. 4. Be receiving compensation benefits for lost wages pursuant to A.R.S. §23-1041 and Policy 4-11� of these Personnel Policies and Procedures. B. To maintain eligibility for the supplemental benefits plan, the employee must comply with all risk management requirements of the Town, including evaluation for light duty/alternative work assignment options and rehabilitation programs, and coordination of benefits. Failure to comply with the Town's risk management requirements and decisions shall result in the termination of the employee's participation in the supplemental benefits plan. {000a�9��.�oc i �a} 4-44 ioiiona Regular Council Meeting - October 16, 2012 - Page 104 of 113 � � ��.�� ./!\ TO WN OF MARANA � CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-12�3-3—Supplemental Compensation A. Employees eligible for the supplemental benefits plan shall receive supplemental compensation from the Town in an amount that, when added to the benefits being paid by the workers' compensation fund to the employee, less any deductions, results in the employee receiving approximately the identical salary the employee was receiving prior to the injury. B. The Town shall pay the supplemental compensation for a period of up to six months from the date the employee receives first payment of workers' compensation benefits for lost wages pursuant to A.R.S. § 23-1041, provided that the employee continues to meet all eligibility criteria. Section 4-1�43-4 Application Procedures A. To apply for the supplemental benefits plan, an employee must submit a written request to the Human Resources Department on a form provided by the Human Resources Department. B. All requests must be received by the Human Resources Department within 14 calendar days of the employee's receipt of his or her first Iost wage replacement benefit paid under workers' compensation. An employee's failure to submit a request within the timeframe established in this paragraph shall be construed as a waiver of any rights underA.R.S. §38-961 and this policy. C. The Human Resources Department shall review the employee's request and shall provide the employee with a written determination of benefits eligibility within 14 calendar days of receipt of the employee's request. D. If an employee is denied participation in the plan for any reason other than a determination by the Town's workers' compensation carrier that the employee is not eligible for workers' compensation benefits, he or she has a right to request review of the denial by filing a written request for review with the Human Resources Department within ten working days from receipt of the denial letter. The employee's request for review must state the reason for the request and facts that the employee wishes to have considered. The Human Resources Department shall forward the request for review to the Town Manager. E. The Town Manager shall render a written opinion affirming or denying the employee's eligibility within five working days of receipt of the employee's request for review. The Town Manager's decision is final and not appealable within any Town process. F. If an employee is denied participation in the plan due to a determination by the Town's workers' compensation carrier that the employee is not eligible for workers' {00027977.DOC / 14} 4-45 ionoii2 Regular Council Meeting - October 16, 2012 - Page 105 of 113 ��"�� M�►�1�:�A► �"`':�``'/ ! \ TOWN OF hhARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES compensation benefits, the employee may appeal that decision through the procedures established by the workers' compensation carrier and state law. Section 4-1Z�-5 Maintenance of Benefits A. The Town shall maintain group health plan benefits for employees participating in the supplemental benefits plan on the same terms as if the employee continued to work. Thus, the Town shall continue to pay its share of any group health plan insurance premium and the employee shall continue to pay his or her share, if any. The employee shall continue to pay his or her share of any group health plan benefits through payroll deductions if the employee is receiving sufficient compensation from the Town to cover his or her share of the premium. 2. If the employee is not receiving sufficient compensation from the Town to cover his or her share of the premium, the employee shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the premium. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan premiums, the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. B. While the employee is participating in the supplemental benefits plan, the Town shall pay both the employer and employee contributions to PSPRS or CORP, as applicable, based on the employee's pre-injury salary, unless the employee is no longer actively contributing to PSPRS or CORP. In such a case, the Town shall continue to pay the employer contribution to the employee's retirement system and the employee shall continue to pay the employee contribution. C. An employee participating in the supplemental benefits plan is responsible for paying for any elective health care plan deductions, health related optional deductions, optional life insurance deductions or any other optional, employee-elected benefits. Section 4-1��3-6 Paid Leave Balances A. An employee shall not accrue any additional sick, vacation, personal or compensatory leave while the employee is participating in the supplemental benefits plan. B. An employee's sick, vacation, personal and compensatory leave balances shalt not be decreased while the employee is participating in the supplemental benefits plan. { 00027977. DOC / 14 } 4-46 i oi i oi � 2 Regular Council Meeting - October 16, 2012 - Page 106 of 113 � �� /`t\ to,��n��A CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. If the employee used accrued leave balances to supplement workers' compensation benefits for lost wages prior to being approved for the plan, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave for the time lost that is retroactively paid through the supplemental benefits plan. The Town will correct the overpayment to the employee in the next regular pay cycle or cycles by reducing the employee's hours paid by the Town. Section 4-12.�3-7 Miscellaneous To the extent the employee is eligible for and receives salary or benefit changes while participating in the supplemental benefits plan, the plan benefits will be adjusted accordingly. {00027977.DOC / 14} 4-47 ionoii2 Regular Council Meeting - October 16, 2012 - Page 107 of 113 �� 1�►I�AI�A ��/'l�, TOWN OE MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-13 BENEFITS CONTINUATION/COBRA The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, amended by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, provides that covered employees and their qualified beneficiaries may continue health insurance coverage under the Town of Marana's health plan when a"qualifying evenY' would normally result in the loss of eligibility. The Town shall follow all applicable federal and state laws in determining what constitutes a qualifying event. 1 • • • • •• - • - •-• • • � • •- -�- -�- • - • • • - •- � - • - -• • • -• • •• • • • • • •• • -�- • - -�- • - • • Section 4-13-1 Payments A. Except as provided in this policy, employees or beneficiaries participating in COBRA benefits shall pay the full cost of coverage at the Town's group rates plus an administration fee as prescribed by federal law. B. The Town Manager, in his or her sole discretion, may authorize Town payment of the costs of COBRA coverage for an employee or his or her beneficiaries for up to six months if the employee's qualifying event is a layoff as described in Chapter 8 of these Psrsonnel Policies and Procedures. Section 4-13-2 Written Notification of Eligibility The Human Resources Director shall ensure that each eligible employee and/or beneficiary receives written notification regarding COBRA rights and benefits in accordance with applicable federal and state laws. {00027977.DOC / 14} 4-48 ioiioiiz Regular Council Meeting - October 16, 2012 - Page 108 of 113 r.-�`="'a�' �,/��,r�►�� /C\ T6WN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � • � \ .� � � ► \ 1� \ ■ � � The Town of Marana recoanizes the value of allowina emplovees with work restrictions to emoorarilv work in an alternative work or IiahUrestricted dutv assianment. Alternative wor ssianments are intended for emnlovees with medicallv documented temqorarv mental or t�hvsical illnesses or iniuries sustained on or off the iob who have work restrictions and who are ex to eventuallv return to unrestricted work. The Human Resources Denartment shall �oordinate and administer all alternative work assianments for the Town 1 • • •� • •• - • - �-• • • • •- -�- -�- • - • • • - •- � - • - -• • • -• • •• • • • •.� • •• •� -�- • - _ � -�- • - . � • • • � � � ' • • • • •• .�• • . - . • •. ' '• . • -• - • • -- • • • - - � - _ • •- •• • " 11 -! - •• .� • • -- • � • � - � • � A. For urqoses of this policv. "alternative work assianment." "liaht dutv" and "restricted dutv" are used interchanaeablv and shall be defined as temnorarv work that is nhvsicallv or mentall less demandina than the emplovee's reaular iob duties. An alternative work assi nment or liaht/restricted dutv mav include a reduction in full time eauivalencv. limitin or alterina duties in the emnlovee's existina position. or temqorarilv reassianina the mplovee to another qosition which he or she is aualified and capable to nerform. B. For qurqoses of this aolicv. "work restriction" shall be defined as a restriction that revents an emqlovee from nerformina the full scone of his or her iob duties as outlined in the iob descriqtion for the emnlovee's position. Section 4-14-3 Procedures A. When the Human Resources Deqartment becomes aware that an emplovee has t mqorarv work restrictions. the Human Resources Deqartment will make everv effo consi tent with the qrovisions of this nolicv to offer the emqlovee an alternative work assianment. B. In order to be considered for an alternative work assianment. an em�lovee must nresent medical ertification from a health care nrovider sqecifvina work restrictions and the exqected duration of the restrictions to the Human Resources Deoartment. {00027977.DOC / 14 } 4-49 i oi i oiiz Regular Council Meeting - October 16, 2012 - Page 109 of 113 �"`-�-,� ��';"�►. 1VI��AI�A .��'`'�`';�' t � T6WN OF M&RAh3A CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES •• - ' � • ' ' . • - 1 ��.• ' • - �-�- - l�� U. _ ' '�� • -- ' ' • • •' • • •' • •�. ' • • • ' - • • - • • • ' • ' • • • � D. T e Human Resources Deqartment shall determine whether there are anv alternative w rk assianments within the Town which the emnlovee can nerform aiven the wor r rictions. Primarv consideration will be aiven to iob qlacement within the emalovee's aartment and reaular iob duties. However. an emqlovee mav also be nlaced in an I ernative work assianment in another deqartment and/or in another qosition. An ternative work assianment mav also result in a chanae in the emnlovee's work hours. ` - • • -- •- • -. � • - �. • - • - - • . -- - •• . • -� • - - - - • • -- - - _��- � - - • • -- - •• . • lll - 1 � - 1 1 - • _ • • • • •_ �• • -• • - � • -- • • • F nder no circumstances will the Town create a aosition solelv for the ouroose of �r vidina work for an emnlovee who is eliaible to return to work under a temqorarv work r riction. Alternative work assianments shall involve aroductive work that is both ul to the Town and achievable within the restrictions nlaced on the emnlovee. If h re is no alternative work assianment available for a narticular emnlovee. the malovee shall remain on. or be placed on. an apqroqriate form of leave. �ursuant to the policies set forth in this chanter. G. Em lovees with on the iob iniuries or illnesses shall be aiven preference for alternative work assianments over emnlovees with off the iob iniuries or illnesses. even if an em lovee with an off the iob iniurv is alreadv servina in an alternative work assianment. Thus, if an emqlovee with an off the iob iniurv is servina in an alternative work assi nment. the Town mav remove that emqlovee from the assianment if removal is ne essarv to orovide an alternative work assianment for an emnlovee with an on the iob in�iurv• H. An em lovee who has previouslv been subiect to work restrictions is reauired to inform th Human Resources Deqartment immediatelv upon receivina a release to reaular dutv from a health care nrovider. �' •i ' � •i An ini ial alternative work assianment mav have a duration of uq to 90 davs. The Human R sources Denartment mav extend an alternative work assianment in increments of uq to 90 avs at a time. provided that there remains a reasonable exnectation that the emqlovee will return to his/her reaular duties within a reasonable amount of time and that the total time the emnlovee is unable to perform the essential functions of his or her reaular aosition. with or without a reasonable accommodation does not exceed the eauivalent of 12 months in anv 24-month neriod. For nurposes of trackina leave time. 12 months will be measured based on 2080 hours for full-time emnlovees and pro-rated for qart-time emnlovees. {00027977.DOC / 14 } 4-50 i on on 2 Regular Council Meeting - October 16, 2012 - Page 110 of 113 � ��'��""""�. MAt�AI�A �.�;/ I \ TOWN tl€ MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES • 1 ' 1 ' • 1 ♦ 1 � � ' . � . � � ' • � ' - • • - • _� - ' • -• -• • -• .•' ' ' • • - ' - • • -- ��. • ' • ' - - - - _1 ' ' 1 • -' .•- • - • �- •• • -• - •• • � �- -- � - - - 1 -��- - -• C ' - • • -- - - • �• - • •- •� • 11- •�- - • � • - •- - • - • • -• - - • • - •- - -• • - • • �- • •- •� - • 1 ' • ► • � ! 1 • � 1 - 1 • ! 1 11 ' 1 � .l -• - - • • - - _ • - . • �. �• •- • �- -• . •� • - -��-� ' - �� • -- - - � • • I11' 1• • • • - • • -• !�1 'l 1• ll- - 1 ! , •� • - - - • � • - �+' • � � �� . �-• A. An mqlovee in an alternative work assianment is subiect to all rules. reaulations. s andards. nolicies and nrocedures of the Town and of the deqartment to which the emnlovee is assianed. B. Emplovees servina in alternative work assianments shall receive a formal �erFormance a qraisal document in accordance with the Town's normal aerFormance manapement roc ss. The aqqraisal shall address the emqlovee's iob duties and performance for the relevan time neriod. includina the emnlovee's iob duties and qerformance in the alternative work assianment. C. Em lovees servina in an alternative work assianment within the same classification as heir reaular position are elipible for merit increases based on iob aerformance and vailabilitv of fundina. D. Em lovees servina in an alternative work assianment outside the classification of their re ular �osition will be considered for merit increases on a case-bv-case basis. deoendina unon the level of work beina nerformed compared to the emnlovee's reaular assianment. ection 4-14-8 No Riaht of Anneal The decision of the Town to nlace or not to qlace an emqlovee in an alternative work s ianment is not subiect to aqqeal or review under the qersonnel action review qrocedures set f rth in Chanter 5 of these Personnel Policies or Procedures or under anv other Town r view/aqqeal nrocess. {00027977.DOC / 14} 4-51 �oi�oi�z Regular Council Meeting - October 16, 2012 - Page 111 of 113 .r�` �. �� /l\ TDWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Policy 4-�a-4 CIVIC DUTY The Town of Marana encourages employees to fulfill their civic responsibilities as citizens and provides civic duty leave to eligible employees as described in this policy. Section 4-�a-4-1 Eligibility The nrovisions of this qolicv annlv to all �Legular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term- limited temporary employees_ a�-eli^�"�� +he .,.,.,,,,,� ,.;,,,,. ,�„+., �e.,,,e� �� ,�o�,..,he,� ;., � Section 4-1�a-4-2 Jury Duty A. Eligible employees shall be granted up to -�8 �p. days of paid jury duty leave av� rin any r I� lin 12-month period. B. Employees shall �ewF �r��de a conv of the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate the employee's absence. C. Employees on jury duty shall be paid their regular base rate of pay provided that they submit any juror fee payments received from the court, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to serve on jury duty beyond the period of paid jury duty leave, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave �a� for non-medical purqoses. E. Employees shall report for work while on jury duty whenever the court schedule permits. F. The Department Head may ask the employee to request an excuse or postponement from jury duty if, in the Department Head's judgment, the employee's absence would create serious operational difficulties. Section 4-1,�a-4-3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off � for each instance in which the emplovee is � subpoenaed to appear in court as a witness in a case. This section does not apalv to emplovees who are subqoenaed to a�oear in court as a qart of their reaular iob resqonsibilities. such as nolice officers. Emqlovees who are {00027977.DOC / 14} 4-52 ionoii2 Regular Council Meeting - October 16, 2012 - Page 112 of 113 r- � ="',.�._�._,'��'''�"� �� 1`�\ �o�� o� �a�� CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �. ..- -. . _ . ._ . - - .. - .. . - - . .--. ..-. . - - .. . . . �- ...-,_ B. Employees shall s#�svµ provide a coqv of the subpoena � their supervisor immediately after it is received so that the supervisor may make arrangements to accommodate the employee's absence. C. Employees under subpoena shall be paid their regular base rate of pay provided that they submit any witness fee payments, excluding mileage and per diem payments, to the Finance Department. Employees may keep mileage and per diem payments. D. If an employee is required to appear in court beyond the period of paid leave provided by this section, the employee may request to use accrued vacation, personal or compensatory leave balances or may request administrative leave �a� f4.[ non-medical qurqoses. E. Employees under subpoena shall report for work whenever the court schedule permits. F. Employees are not eligible for witness duty leave fQ_r time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave balances for these court matters. Section 4-��4-4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off for voting. The emolovee must apalv for leave for votina prior to the election dav. B. The employee may be absent for up to three hours with pay on the day of the election for the purpose of voting. The amount of leave the emnlovee is eliaible for shall be determined in accordance with state law. which reauires that an emplovee have three consecutive hours in which to vote. Emqlovees are not entitled to votina leave if thev have three consecutive non-workina hours in which to vote. C. The Department Head may specify the hours during which the employee may be absent for the purpose of voting. D. Employees are expected to vote at a time that minimizes impact on the department operations . E. An employee may be required to provide evidence of eligibility to vote prior to approval for time off. {00027977.DOC / 14} 4-53 10/10/12 Regular Council Meeting - October 16, 2012 - Page 113 of 113