The URL can be used to link to this page

Home My WebLink About11/07/2012 Amended Council Agenda PacketMARANA TOWN COUNCIL AYnended at 10: 0 a. Yn. on NoveYnbe� S, 2012 - REGULAR COUNCIL MEETING NOTICE AND AGENDA 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, November 7, 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 November 7, 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, �lease turn off or �ut in silent mode all �a�ers and cell �hones. Meetin Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the �rst 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 �11 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. Accessibilit_y 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 - November 7, 2012 - Page 1 of 186 such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82-1999. Requests should be made as early as possible to arrange the accommodation. A endas 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 3 82- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Tuesday, November 06, 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 ampli�cation and recording capabilities in the facilities and the Town's overhead proj ector/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 MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Relating to Budget; an update of the Town's �nancial status of the General Fund for the �rst quarter of the 2012-2013 �scal year (Erik Montague) 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 af�rmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. Regular Council Meeting - November 7, 2012 - Page 2 of 186 C 1: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 8- Termination of Employment, Section 8-2-3 "Final Pay Check" (Suzanne Machain) C 2: Resolution No. 2012-081: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Bene�ts and deleting Policy 7-2 "Return to Work" (Suzanne Machain) C 3: Resolution No. 2012-082: Relating to Community Development; approving an employee donation campaign in support of the United Way of Tucson and Southern Arizona for participation by Town of Marana employees on a voluntary basis (Amanda Jones) C 4: Resolution No. 2012-083: Relating to development; approving and authorizing the execution of a development agreement regarding development impact fee credits for the Gladden Farms II development proj ect (Frank Cassidy) C 5: Resolution No. 2012-084: Relating to Utilities; approving and authorizing the Mayor to execute the First Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms (Frank Cassidy) C 6: Resolution No. 2012-085: Relating to Real Estate; approving and authorizing the Mayor to execute a lease and use agreement between the Town of Marana and the Gladden Farms Community Association for use of the Heritage House at the Marana Heritage River Park (Del Post) C 7: Resolution No. 2012-086: Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Arizona Department of Fire, Building and Life Safety, Of�ce of Manufactured Housing to enforce installation standards (B enny S anchez) C 8: Approval of Minutes for October 16, 2012 (Jocelyn Bronson) LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Resolution No. 2012-087: Presentation: Relating to Economic Development; adopting the Marana Job Creation Incentive Program and authorizing the Town Manager to administer it. (Curt Woody) A 2: PUBLIC HEARING: Ordinance No. 2012.10: Resolution No. 2012-088: Relating to Development; amending the Land Development Code Title 16 (Signs) by adding a sign type de�nition for 'Temporary Qualifying Event Directional Signs' to Section 16-OS-O 1 and establishing Section 16-14-29 de�ning standards and regulations for Temporary Qualifying Event Directional Signs, and establishing an effective date. Resolution No. 2012-088: Relating to Development; declaring the amendments to the Land Development Code of the Town of Marana Title 16 (Signs) adding a sign type de�nition to Section 16-OS-O 1 and establishing Section 16-14-29 as a public record �led with the Town Clerk. (Brian Varney) Regular Council Meeting - November 7, 2012 - Page 3 of 186 A 3: Ordinance No. 2012.11: Relating to Elections; authorizing the placement of a measure on the March 12, 2013 Town of Marana primary election ballot for the purpose of voting upon whether the Town of Marana shall be authorized to acquire and operate the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it; and declaring an emergency (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Presentation: Relating to Boards, Commissions and Committees; discussion and consideration of recommendations from the Fa112012 Marana Citizens' Forum regarding the Forum topic "managing our local resources" (Gilbert Davidson) D 2: Relatin_ 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. § 3 8-431.03, 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 pu�suant to A.R. S. �38-431. 03 (A) (3), Council Ynay ask fo� Changed discussion o� consultation fo� legal advice with the Town Atto�ney conce�ning any Ynatte� listed on this agenda. E 2: Executive session pu�suant to A.R.S. � 38-431. 03(A)(3), (4) and (7), fo� discussion o� Changed consultation with the Town's atto�neys and to inst�uct the Town's �ep�esentatives conce�ning (1) the lawsuit entitled Town of Ma�ana v. PiYna County/PiYna County v. Ma�ana (consolidated), Ma�icopa County Supe�io� Cou�t No. CV2008-001131, A�izona Cou�t of Appeals No. 1 CA CV 11 0381; (2) the lawsuit entitled PiYna County v. Town of Ma�ana, PiYna County Supe�io� Cou�t No. C20116094; and (3) pending legal issues, settleYnent discussions and cont�act negotiations �elating to the t�ansition of Ma�ana wastewate� collection and t�eatYnent to the Town of Ma�ana 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 - November 7, 2012 - Page 4 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Erik Montague, Finance Director Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Item P 1 Strategic Plan Focus Area - Additional Information: "Financial sustainability" is listed as one of the overriding principles which guided the development of the current Marana Strategic Plan. Subj ect: Relating to Budget; an update of the Town's �nancial status of the General Fund for the �rst quarter of the 2012-2013 � scal year Discussion: Staff will present a summary of the Town's �nancial status for the �rst quarter (July - September) of � scal year 2012-2013 . Please �nd the General Fund Budget in Brief for September 2012 following this communication which provides a broad, preliminary overview of the �rst quarter results for the General Fund. Financial Impact: Presentation only. ATTAC H M E N TS : Name: Description: Type: � General Fund in Brief 201209.pdf General Fund Budget in Brief for September Backup Material Staff Recommendation: Presentation only. Suggested Motion: Presentation only. Regular Council Meeting - November 7, 2012 - Page 5 of 186 � � � � � General Fund revenues for September of $2.60 million exceeded expenditures of $1.87 million by $0.74 million. Overall revenues are within budget expectations for the first quarter of the fiscal year at 25.2%. Expenditures are still slightly less than expectations at 17.2%. As described in earlier briefs, significant portions of the personnel and benefits variance were eliminated by the end of August which had three pay dates. The remaining expenditure variances are largely due to timing, and are anticipated to approach budget once some of the one-time projects begin and operating transfers occur. Revenues Sales tax revenues Intergovernmental revenues Licenses, fees & permits Charges for services Fines and forfeiture Grants and contributions Investment income Miscellaneous revenues Other financing sources Total Revenue Expenditures Personnel & benefits Contracted services Operating supplies & equip Capital outlay Transfers out Total Expenditures Net Revenues Over/(Under) Expenditures Current Month $ 1,702,809.79 617,949.63 216,699.55 19,605.82 37,152.93 3,318.63 2,460.97 4,885.15 2,604,882.47 1,578,104.31 220,832.57 62,220.98 5,607.72 $ 1,866,765.58 $ 738,116.89 Yea r to Date $ 5,037,888.66 1,894,865.08 929,131.79 101,018.34 169,351.39 16,970.92 5,867.44 29,254.97 8,184,348.59 4,825,917.79 660,328.00 357,982.84 6,495.66 $ 5,850,724.29 $ 2,333,624.30 FY2013 Budget $ 19,835,770 7,821,591 2,347,250 381,100 570,000 102,750 100,000 562,070 750,000 32,470,531 20,992,657 4,173, 711 3,674,004 2,290,900 2,839,259 $ 33,970,531 $ (1,500,000) Percent of Budget 25.4% 24.2% 39.6% 26.5% 29.7% 16.5% 5.9% 5.2% 0.0% 25.2% 23.0% 15.8% 9.7% 0.3% 0.0% 17.2% Page 1 of 4 -155.6% il Meeting - November 7, 2012 - Page 6 of 186 �� Approximately 92% of General Fund revenues come from sales taxes, intergovernmental revenue and licenses, permits and fees. Collectively, these comprise the "big three." The following descri bes those major reven ues. Overall tax collections (excluding the portion of contracting taxes allocated to the Transportation Fund, and the portion of hotels and other lodging taxes recorded in the Bed Tax Fund) were $1.70 million for September (August sales transactions) and were essentially the same as September 2011. Contracting taxes were 22.6% lower than the same month a year earlier, and are lightly lagging budget estimates at 17.3% for the first quarter of this fiscal year. Retail sales tax collections, the largest sales tax revenue category, were 13.89% higher for September 2012 than the same period a year earlier and remain within budget expectations for the first month of the fiscal year at 16.5%. Overall collections for the first quarter of the fiscal year of $5.04 million are at 25.4% of budget which is within expectations. Category Mining Contracting Transportation, Communications, Utilities Wholesale Trade Retail Trade Restaurant & Bars Fire, Insurance & Real Estate Hotels & Other Lodging Services Manufacturing AI I Others Tax Audit Total Revenue Current Month $ 3,665.53 157,350.03 318,122.16 29,625.59 797,214.07 139,795.39 88,513.25 72,366.39 70,206.85 11,830.85 12,388.26 1, 731.42 $ 1,702,809.79 Page 2 of 4 cil Meeting - November 7, 2012 - Page 7 of 186 Current YTD 6,435.15 419,699.65 876,025.70 67,856.19 2,247,299.55 434,906.65 360,125.40 203,625.51 226,366.69 32, 731.33 44,321.28 118,495.56 5,037,888.66 $ $ Current Budget $ 12,500 2,419,700 3,204,668 282,286 8,799,832 1,654,712 1,060,315 776,848 940, 715 160,403 173,791 350,000 $ 19,835,770 Percent of Budget 51.5% 17.3% 27.3% 24.0% 25.5% 26.3% 34.0% 26.2% 24.1% 20.4% 25.5% 33.9% 25.4% � � � Intergovernmental collections were $0.62 million for the month of September and overall collections of $1.90 million are at 24.2%, which is within budget expectations. Category State Shared Sales Tax Urban Revenue Sharing Auto Lieu Tax Total Revenue 1 � 1 Current Month $ 224,702.72 297,599.25 95,647.66 $ 617,949.63 Current YTD $ 674,183.61 892,797.75 327,883.72 $ 1,894,865.08 Current Budget $ 2,923,447 3,570,867 1,327,277 $ 7,821,591 Collections were approximately $0.22 million for September or 39.6% through September which is significantly higher than budget expectations. While a significant portion of this variance is attributable to new single family residence and commercial permits, other categories currently exceed budget expectations. Approximately 29 new single family residence permits were issued in September (actual average of 48 per month vs. 28 per month budgeted). Category SFR new permit SFR existing permit Commercial new permit Commercial existing permit Grading permit Utility permits Pool permit Sign permit Patio wall permit ROW permit Floodplain permit M isc. perm it Franchise fees Business licenses Liquor licenses Aggregate mining fee Bank protection fee Total Revenue Current Month $ 176,832.57 835.94 701.10 707.72 4,642.89 1,327.47 2,642.00 2,903.54 5.00 7,861.32 18,240.00 $ 216,699.55 Page 3 of 4 il Meeting - November 7, 2012 - Page 8 of 186 Current YTD $ 699,196.57 6,689.80 6,374.34 20,430.05 42,097.48 15,476.00 17,420.07 5,810.07 5,384.70 15,930.66 129.00 49,873.05 44,295.00 25.00 $ 929,131.79 Current Budget $ 1,155,000 25,000 250,000 115,000 40,000 1,500 35,000 20,000 12,500 22,250 500 80,000 325,000 135,000 5,000 125,000 500 $ 2,347,250 Percent of Budget 23.1% 25.0% 24.7% 24.2% Percent of Budget 60.5% 26.8% 2.5% 17.8% 105.2% 1031.7% 49.8% 29.1% 43.1% 71.6% 25.8% 62.3% 0.0% 32.8% 0.5% 0.0% 0.0% 39.6% ■ � � � I � �� The General Fund expended $1.87 million in September which is less than budgeted at 17.2%. A significant portion of this variance is due to timing and will likely decrease (actual spend will approximate budget) as projects, programs and operating transfers occur. Department Non-departmental Mayor and Council Town Manager Town Clerk Human Resources Finance Legal Technology Services Strategic Initiatives Development Services GM Permits and Records Inspections & Enforcement Planning Engineering Police Magistrate Court Public Services GM Streets & Community Response CIP Parks and Recreation Community Development Total Expenditures Current Month $ 22,093.90 20,539.16 67,072.19 17,032.96 39,133.85 49,636.25 67,246.01 163,487.49 3,252.80 16,668.20 32,752.96 18,979.54 41,060.56 103,731.79 673,864.36 67,124.42 35,150.54 160,300.60 77,897.07 169,687.31 20,053.62 $ 1,866,765.58 $ Current YTD 159,536.40 63,407.37 187,047.24 53,355.33 110,982.40 142,965.68 182,312.70 485,882.80 62,163.16 34,496.52 106,861.43 55,545.43 123, 738.46 303,121.23 2,159,631.20 203,477.42 102,020.61 463,469.33 234,167.42 564, 733.14 51,809.02 5,850,724.29 $ Current Budget $ 5,937,877 289,343 804,196 385,235 632,007 841, 714 762,016 2,036,505 400,693 126,151 535,337 672,942 571,528 1,129,039 11,044,369 963,109 453,034 2,148,021 1,106,864 2,887,980 242,571 $ 33,970,531 Percent of Budget 2.7% 21.9% 23.3% 13.9% 17.6% 17.0% 23.9% 23.9% 15.5% 27.3% 20.0% 8.3% 21.7% 26.8% 19.6% 21.1% 22.5% 21.6% 21.2% 19.6% 21.4% 17.2% Page 4 of 4 cil Meeting - November 7, 2012 - Page 9 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 6 5 3 Council Chambers, November 7, 2012, 7:00 PM To: From: Mayor and Council Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Relating to Personnel; consideration of amendments to the Town's Personnel Policies and Procedures, revising Chapter 8- Termination of Employment, Section 8-2-3 "Final Pay Check" Discussion: During the last legislative session, the Arizona state legislature amended state law regarding when an employer must issue a final pay check to terminated employees. Under the new law, the employer must issue the final pay check within 7 working days of the effective date of the termination rather than 3 working days as was previously required. The attached proposed amendments will revise Section 8-2-3 of the town's personnel policies to conform to the state law change. In addition, the proposed amendments correct a couple of typographical errors in the policy. Pursuant to Ordinance No. 99.12 and Resolution No. 99-3 8, 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 amendment is initially proposed. Tonight's consideration of the proposed policy amendments constitutes the first reading of the amendments; the amendments will be brought back to the Council for approval at Council's direction. Financial Impact: None ATTACHMENTS: Name: � 00031942. DOC Staff Recommendation: Description: Chapter 8 revisions to policy Type: Backup Material 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 8(Termination of Employment) of the Town's Personnel Policies and Procedures as presented for final consideration and adoption at the next regular Council meeting. Regular Council Meeting - November 7, 2012 - Page 10 of 186 CHAPTER 8 TERMINATION OF EMPLOYMENT POLICY 8-2 EXIT PROCESS The Human Resources Department is responsible f or coordinating the exit process with the Department Head, the chain of authority above the level of Department Head and the Finance Department. Section 8-2-1 Exit Clearance The employee's Department Head shall ensure that all Town-issued equipment, materials and supplies, including, but not limited to keys, identification cards, Town credit cards and uniforms have been returned as part of the employee's final exit clearance. Section 8-2-2 Exit Interview Regular full- and part-time employees will normally participate in an exit interview scheduled prior to the last day of employment. Documented comments gathered from the exit interview shall be maintained separately from the employee's personnel file. Temporary employees do not ordinarily participate in an exit interview unless they volunteer to complete the interview. Section 8-2-3 Final Pay Check A. The Finance Department shall be notified of the employee's separation date through a T-��rn�r�n Personnel Action Form. Employees shall receive pay for work performed through the last hour worked and for unused benefits as stipulated by Town policy and laws governing final payments. 1. Terminated employees must be issued their final pay check within #�e seven working days of the effective date of the termination or at the end of the next regular pay period, whichever is sooner. 2. Employees who leave the employment of the Town by means other than termination will be paid at the close of the next regular pay period. 3. Costs of unreturned Town property will be deducted from the final paycheck. 4. The Town will not distribute the final pay check to the employee via direct deposit. The employee may either pick up the final pay check or request that it be mailed to the employee. The employee's selection shall be indicated on the final exit clearance f orm. B. It is the responsibility of the Department Head to ensure that the employee has completed final clearance and that all items, including the Personnel Action Form, the exit clearance checklist and the f inal time sheet/ attendance record, have been properly 1 Regular Council Meeting - November 7, 2012 - Page 11 of 186 CHAPTER 8 TERMINATION OF EMPLOYMENT completed and forwarded to the Human Resources Department and the Finance Department within the required time frames for issuance of the final pay check. Section 8-2-4 Continuation of Benefits A. The continuation of benefits is subject to the provisions of each benefit plan and coverage may vary. B. Employees eligible to continue health benefits through COBRA and HIPAA will receive notification within the time limits determined by law. Section 8-2-5 Final Work Day Employees are expected to be present and to work on their final work day to facilitate the exit clearance process. Requests to use vacation or personal leave will be considered as described in Section 8-1-3 of these Personnel Policies and Procedures. Employees may use sick leave in accordance with the Town's sick leave policies and procedures � Regular Council Meeting - November 7, 2012 - Page 12 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item C 2 Subj ect: Resolution No. 2012-081: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4- Employment Bene�ts and deleting Policy 7-2 "Return to Work" Discussion: The attached personnel policy amendments were �rst presented for consideration to the Mayor and Council during the regular council meeting of October 16, 2012. Both a"clean" version and a version showing changes are included in the Council's packet. Staff recommends adoption of the proposed changes to Chapter 4 of the Town's Personnel Policies. The chapter title for this policy will change to "Employment Bene�ts and Leaves". Several minor amendments have been made 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. • Clari�cation 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 bene�ts 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 bene�ts 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. • Clari� cation 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 replaces Policy 7-2 (which will be deleted by adoption of the attached resolution). Light Duty is better addressed in Chapter 4 where leaves due to injury/illness and workers' compensation are addressed. • Change to Policy 4-15. The policy will require an employee to apply for leave to vote prior to election day and better describes the amount of time allowed per state law. Tonight's consideration of the proposed policy amendments constitutes the second reading of the amendments which allows the Council to take �nal action on this item. Regular Council Meeting - November 7, 2012 - Page 13 of 186 ATTAC H M E N TS : Name: � Resolutio 2012-081.DOC � 00032028. P D F � 00031988.DOC Staff Recommendation: Description: Resolution No. 2012-081 Personnel Policies and Procedures - Chapter 4(Revisions) Personnel Policies and Procedures - Chapter 4(Clean Version) Type: Resolution Exhibit Backu p Material Staff recommends that the proposed policy amendments be adopted as presented. Suggested Motion: I move to adopt Resolution No. 2012-081, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 4 - Employment Bene�ts and deleting Policy 7-2 "Return to Work." Regular Council Meeting - November 7, 2012 - Page 14 of 186 MARANA RESOLUTION NO. 2012-081 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN' S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 4— EMPLOYMENT BENEFITS AND DELETING POLICY 7-2 "RETURN TO WORK" WHEREAS Section 3-3 -3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-3 8 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-3 8 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to Chapter 4 of the Town's Personnel Policies and Procedures at the October 16, 2012 Council meeting, which proposed amendments included replacing Policy 7-2 "Return to Work" with Policy 4-14 "Alternative Work Assignments/Light Duty"; and WHEREAS the Council finds that adoption of the amendments to the ToWn's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 4 of the Town's Personnel Policies and Procedures, entitled "Employment Benefits" is hereby amended as set forth in Exhibit A attached to this resolution. SECTION 2. Policy 7-2 of the Town's Personnel Policies and Procedures, entitled "Return to Work" is hereby deleted in its entirety. -1- Marana Resolution No. 2012-081 Regular Council Meeting - November 7, 2012 - Page 15 of 186 SECTION 3. 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 obj ectives of the aforementioned amendments. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7 day of November, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2012-081 -2- Regular Council Meeting - November 7, 2012 - Page 16 of 186 T O WN O F MARANA REVISED PERSONNEL POLICIES AND PROCEDURES Table of Contents CHAPTER 4. EMPLOYMENT BENEFITS AND LEAVES Policy Vacation Leave ..........................................................................................................................................4 SeCt10Yl Ellglblll� ..........................................................................................................................................4 . . Section 4-1-2 °^^� � m�� ^� Accrua o Vacation Leave 4 1 11..1..l..11lll..l1(.l1.1V11 .................................................................................... . . Section 4-1-3 Rate o ° ^^� � � � � � �-� ^� Accrua 4 1 11..1..l..11lll..l1(.l1.1V1�1 ....................................................................................................... Section 4-1-4 Maximum °�� m �� Accrued Hours Permitted ...................................................................5 Section 4-1-5 Request for Vacation Leave ...........................................................................................................5 Section4-1-6 Vacation Leave Pay .........................................................................................................................5 Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment .............................................5 Policy Sick Leave ..................................................................................................................................................5 SeCt10Yl Ellglblll� ..........................................................................................................................................6 Section 4-2-2 �;� u� u� u ��Accrual of Sick Leave. 6 . ............................................................................................ Section 4-2-3 Rate o - ° ^^� � � � � � �-� ^� Accrua 6 1 1 t,�t, ��..1 ll �l �..1 l(.l �l.l V 1��l ....................................................................................................... Section4-2-4 Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 4-2-5 Notification to Supervisor .............................................................................................................. 7 Section4-2-6 Medical Verification ........................................................................................................................7 Section 4-2-7 Additional Conditions of Eligibility ........................................................................................... ?8 Section 4-2-8 No Sick Leave Available ................................................................................................................8 Section 4-2-9 Transfer of Sick Leave Hours to Vacation Leave ........................................................................8 Section 4-2-10 Payment of Sick Leave Upon Termination of Employment ....................................................8 Policy Personal Leave ........................................................................................................................................ �9 SeCt10Yl Ellglblll� ........................................................................................................................................ Q9 Section 4-3-2 Amount of Personal Leave .............................................................................................................9 Section 4-3-3 Request f or Personal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a10 � 0 nn» m» ��-I-� �r� Q Section 4-3-4 No r x�:.�: �� i� �:��Y Y . : : . . . . . : : . . . . : : . . . . . : . . . . . : . . . . . . . . . . . : . . . . . : . . . . . : . . . . . :.. . . . . ... . . . . : : . . . . : : . . . . : . . . . . . : . . . . . : . . . . . : . . . . . : . . . � Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Section 4-3-5 Termination of Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �!10 Policy Holidays ...................................................................................................................................................10 SeCt10Yl Ellglblll� ........................................................................................................................................10 Section 4-4-2 Town-Approved Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Section 4-4-3 Amount of Paid Time Off for Town-Approved Holidays � �11 ................................................... 1 V Section 4-4-4 Miscellaneous Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Section4-4-5 Exception ........................................................................................................................................11 Policy Military Leave .........................................................................................................................................11 Section 4-5-1 Eli lblll �� 12 g' ty .................................................................................................................................... Section 4-5-2 �'�Y� Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � � 12 Section 4-5-3 Advance Notice Reauirements ....................................................................................................12 Section 4-5-4 No Break in Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Section4-5-5 Return to Work ..............................................................................................................................12 Policy 4-6 Bereavement Leave �''13 ............................................................................................................................ �� Section 4-6-1 Eligibility �''13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � � {�� 00031988.DOC /} - ,,,,UJ - 1 , UL. Regular Council Meeting - November 7, 2012 - Page 17 of 186 Section 4-6-2 Amount of Bereavement Leave ��13 ............................................................................................... Section 4-6-3 Re uest for Bereavement Leave ��13 q .............................................................................................. Section 4-6-4 Definition of Immediate Family .............................................................................................. �L13 Policy 4-7 Family And Medical Leave ............................................................................................................... �L13 Section 4-7-1 Qualif in Reasons for FMLA Leave ��14 y' g ..................................................................................... Section 4-7-2 Definitions � �14 ' .................................................................................................................................. SeCt10Yl Ellglblll� .....................................................................................................................................�..�16 Section 4-7-4 Leave Entitlement ��17 ..................................................................................................................... 1 V Section 4-7-5 Qualif in Exi enc Leave under the NDAA ��17 . . Yg g Y ...................................................................... Section 4-7-6 How FMLA Leave is Measured ��17 ' .............................................................................................. Section 4-7-7 Use of ° �� m �� Accrued Paid Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � ? Section4-7-8 Request for Leave ...................................................................................................................... �?18 Section 4-7-9 Medical Certification ................................................................................................................ �? Section 4-7-10 Certification for Qualif in Exi enc Leave under the NDAA �?18 . . Yg g Y ....................................... Section 4-7-11 Designation of Leave as FMLA Leave ..................................................................................� �19 Section 4-7-12 Determination/Notice of Substantial and Grievous Economic Iniurv ................................19 Section 4-7-13 Intermittent Leave ................................................................................................................... � � 1 2(-'�r�-1-�r»> ��-��r� ' Tr�.c��.�r.��-�n� .�'��z�r��r� Tl»rir��r �'i�/�T 0.. 1..S�P1 Section 4-7- Y,� �:�Y Y�� Y Y14 Maintenance o Grou� Hea t Yx �� x �� :�: �� .� ��: -� �i Yi r� � �� t � � � an Benefits ...................................................................................................................................................................20 �'�n-I-i�r� /� 7 1/� L'»r�r��m�r��-�� R�r��-Fi-I-a 1 Q L7"l�;'l::'t:YV`�.r...,�,... j .....a.�"�... V . ' � .:t . ... .. ��;'��'1::;� ....."......"......':.....".'.....'.'.....'.'...........'."........ .......................................................... Y .. j . �� Section 4-7-15 �;��; ��Y�� : � ° ��;��Maintenance of Other �'; ��T� -�'Y; :�Y�; � Benefits ............... ��21 Section 4-7-16 No Break in Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section4-7-17 Additional Leave ......................................................................................................................... 21 Section 4-7-18 Return to Work �� ............................................................................................................................ �. L'�n�-i�r► /� 7 1 7 'T'�rw►ir►��-i�r► �� 'w►r� �l1TTl'Vl/lYl� 7n Vl..l..1.1V11 Z 1/ l�l..11l�llll(.1�1.1V1��1 V1 llll..11l . .....................................�...............�.................................................�...LV 1 ✓ 22 Section 4-7-19 Termination of Emplovment .....................................................................................................22 Policy 4-8 "'�� ° �^��-,^�� n��-^ � �"'�� , �AC�YYl1YllStrdtlVe LedVe . �n ��.�.��. r �� :�� .��. �� ........................................................�� 23 SeCt10Yl Ellglblll� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� 23 Section 4-8-2 �� u� � �� 'Administrative Leave . ................�......�......�............ ............................................. LV for Medical Purposes ..........................................................................................................................................23 • T T�,,, �� o,,,,,,,�,,, �,�„a r,,, � 7,, � n Section 4-8-3 � �... �� ,.��..,�� u �.�.� �..:-u � . .: . . . . . : . . . . . : . . . . . : . . . . . . . . . . . : . . . . . : . . . . . : . . . . . ... . . . . : : . . . . : : . . . . : : . . . . ..: . . . . . : . . . . . . . . . . . : . . . . . : . . . . . : . . . �� Administrative Leave for Non-Medical Purposes ...........................................................................................24 ' ��»�a-I- -F�r l��! 0 T� T ��r� 71 Section 4-8-4 Y��: ��:� �: Y � i � � �x ��:� � � : . . . . : : . . . . . : . . . . . : . . . . . . . . . . . : . . . . . : . . . . . : . . . . . :.. . . . . . : . . . . : : . . . . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � �. � . . . . . . Compensation.......................................................................................................................................................24 Section 4-8-5 �; ?��: ��? �i�, =: � �� ° � �; � � ; ��=��!�� ° Town-Assi�ned Administrative Leave .................? �-25 Section 4-8-6 Maintenance of Benefits �;�Y �� n�� : .....:......:.....:.......................:......................... '�� 25 ...L1 .1-�.[l��_7..2'�T, T�.... 1..f......._� �_�'l 77']! 7�'�'l'`_�._�'7T T.,(]� 1.�(]�.!� � 7aC]A.. /_�... 1.. rlJ'lll:. V "�" j l tll tl� r.l C:L l.l V �; l�l.;C.L 'i+ i� . . . . . . : . . . . . . . . . . . . . . . . . : . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . : . . . . . . . . . . . . . . . . . : . . . . . : . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . L 1 ✓ ��''�'�..�l,a"1l...�... 1,�.....�.. �-1..�.�..�faf.�l..A'��.�'T..� Vl.l..l.1V1C 1 L11�1L./1111.�V .. .. .. .. .. .. .. .. .. . . . . . . . . �.�... .....��...................................................�� ............................................................................................... L 1 ✓ ��1��.�'�.. �� '1l...... (. A..........1� .............(.......�..�l�,�ll.�..�..�l�A�..�'......��.�^..........�....�..�'ar'�..�..� '1l.�..�?..�'�^..�..��.�..�.�1�.....�.......�1�.�.�..7. �Cl�...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... /.......1. Vl.l., l.1Vl C ... Z — J L 1l1.1.1 l.LI.J l. l�Vl 1 11J l.l Gl�l.l V l. LI.�GI V l .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LL 1 C /l/'�� - 7/lYl � lA -G � �l'V17Y17C�� 1 /17�7/l TA77� 1-�7TT / / Vl..l., 1.1V1 l Z / �V 1 1\.ill 111 11J l.l (.l l.l V l.. Ll..(.l V l.. �Y V ll.1l 1(.l �V .........�......�......�...... �.�..... �.�......�.�..... �.�......�......�...... �...........�......�...... �.�..... �.�.... LL ✓ C /l/'�� - 7/lYl � lA � � �l'V17Y17C�� 1 /17�7/l TA77� 1-�7TT / / Vl..l., 1.1V1 l Z / Z 1 1�.ill 111 11J l.l (.l l.l V l.. Ll..(.l V l.. Y V ll.1lV l.<l. 1(.l V ............................................................................................. LL ✓ �'�n-I-i�r� /� Q �i ��rr� -I-� TAT�rU 72 �� ..�.....,..�,�..�.�.�......�.�.�..r�.�:r�.�..�..�.......�:�.........�v.....�....��r...��........ . . . . .`. . . . . .... . . . . . °: . . . . . ` . . . . . . : . . . . . : . . . . . : . . . . . .°. . . . . : . . . . . .`. . . . . .... . . . . . : . . . . .... . . . . . °. . . . . . : . . . . . : . . . . . :' . . . . . .°. . . . . :' . . . . . .............�.�, Section4-8-7 Return to Work ..............................................................................................................................25 Section 4-8-8 Termination of Emplovment . . Section4-8-9 No Ri�ht of Ap�ea1 .......................................................................................................................26 Policy � �9 Leave Donation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ?�26 Section 4-� �9-1 Definitions .............................................................................................................................. �� SeCt10Yl .�9-Z Ellglblll� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � � 27 {�� 00031988.DOC /} - ,,,,UJ - 1 , UL. Regular Council Meeting - November 7, 2012 - Page 18 of 186 Secti 1 n 2 n�r»�-i�r� n�r�m��-�ra 7/� on 4- � ��;� � �� r� ��Y Y x �x �� : ��.x � . : . . . . : : . . . . . : . . . . . : . . . . . . . . . . . : . . . . . : . . . . . : . . . . . :.. . . . . ... . . . . : : . . . . : : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : �� ^��-,^� � � n�9-3 Re uest for ponated Leave ?�27 ��.�:. �.x�i r - �� q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Section 4- � �� 9-4 Donation of Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 4-9-5 Coordination with Other Pavments ...........................................................................................29 Section 4-9-6 Maintenance of Benefits ?�29 ' ........................................................................................................... Section4-9-7 Leave Accrual ................................................................................................................................29 Policy �� 10 Group Benefits .............................................................................................................................. ��29 1 1 H�7lY7�7�7� /✓1 . ection 4-1 � 10 -1 �� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� y ��x �� Y��?.Group Insurance Coverage ....................................................................................................?�29 ' 'I'1 2 ZT�, �»r��-�rir R�r��-a 7�i Section 4-�� ,� ��,�,��.............. ......:.....:...........:...........:..................:...........:.....:...........:...........:..........�� '�n-I-��r� /� 1 1 /� � n� �r� 7� ��:�. ��x � .�� ,� ,�� 10-2 Retirement � �� r . . . . . . : . . . . . : . . . . . : . . . . . . . . . . . : . . . . . : . . . . . . . . . . . . : . . . . . : . . . . . : . . . . �� Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Section 4-� �10-�3 Employee Assistance Program ........................................................................................?�30 Section4-10-4 Voluntarv Benefits .......................................................................................................................31 Policy 4 - ? ? � ��;��'�11 Workers' Compensation ?�31 Section 4-��11-1 Reporting Requirement ......................................................................................................�?31 Section 4-? ?�� 'uy �� ??11-2 Determination of Compensabilitv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 1 7 2 T.Io� „-� n.�,a r..��7„��11-3 Tv�es of Claims Section 4- � ��,� � ��: �i x �� :� � �:� � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Section4-11-4 Use of Leave .................................................................................................................................32 Section 4-11-5 Maintenance of Benefits .............................................................................................................33 Section 4-11-6 Coordination with the Supplemental Benefits Plan for Public Safetv Emplovees .............33 Section4-11-7 Miscellaneous ..............................................................................................................................34 Policy 4-�212 Supplemental Benefits Plan for Public Safety Employees ''�34 ...................................................... �..� Section 4-�212-1 Definitions ''�34 ............................................................................................................................ �..� SeCt10Yl Ellglblll� ..............................................................................................................................?Q34 Section 4-�212-3 Su lemental Com ensation �Q35 pp p ............................................................................................ Section 4-�212-4 Application Procedures ......................................................................................................�Q35 Section 4-�� Maintenance of Benefits .....................................................................................................�� Section 4-�� Paid Leave Balances ............................................................................................................�� Section 4-� � Miscellaneous ...................................................................................................................... �� 37 Policy 4-� �� 13 Benefits Continuation/ COBRA .................................................................................................. �� 37 Section 4-�z-13-1 Pa ments 2�38 y .............................................................................................................................. Section 4 Written Notification of Eli lblll 2�38 g' ty ..................................................................................... Policv 4-14 Alternative Work Assi�nments / Li�ht Dutv .....................................................................................38 Section4-14-1 Eli 1b111tV ......................................................................................................................................38 , Section4-14-2 Definitions ....................................................................................................................................39 Section4-14-3 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section4-14-4 Duration .......................................................................................................................................40 Section 4-14-5 Interaction with Other Laws and Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Section 4-14-6 No Ri�ht to Alternative Work Assi�nment .............................................................................40 Section4-14-7 Miscellaneous ..............................................................................................................................41 Section 4-14-8 No Ri�ht of Ap�ea1 .....................................................................................................................41 Polic 4-15 Civic Du 2?41 Y i:Y .......................................................................................................................................... Section 4 Eli lblll 2?41 g' ty .................................................................................................................................. Section 4-15-2 ur Du 2?41 J y ty .................................................................................................................................. Section4-15-3 Witness Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��42 Section4-15-4 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ��43 {�� 00031988.DOC /} - ,,,,UJ - 1 , UL. Regular Council Meeting - November 7, 2012 - Page 19 of 186 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 provisions of this policv applv to all re�ular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and . • ��.� ��,��-,� �-�,� �-,��.� ��,� �� .,�� ,�� . term- lrrute temporary emp oyees C.11 t, t,ll ��. l,V I.CLl l l V C.lLCI41V1 l 1<,CI V t, C.l� \.it,�t,11LJt,\.i 11 l 4111�7 r��inir � ��Y�.�.. � Section 4-1-2 �� Y�Y Accrual of Vacation Leave A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. T? �� -��,��-,-�-� � �,� � � �-� �� ,�,�.� -��,�. ,�,��-,,�,� �-,,� �-,�-��a �-,�-,��. �.�-,��-,�.� a � �� a � �� -� �� ,�-� � �-�-�,� ,� � � �-,�-,� �, �- � �,��a ,�� 'l,il�,'l.l.l 'V `l. �i.l 1:�, V`l 1111 +L, Y'V1 �`1J11'l.`l. Vl.JY11`�l.'l,l 1'l�'l.l �Y l.� 1�' rV`V 11'l;l C 1.11'l, V �l��lY t C.L C.�'l,l r+C.ii.11 r`�l.'l, C.� l. �C �.!"llllrl.'G ✓ 1 � n. � � �.w� z.T.... u�.u��,li �� . O r�_ � �r�zr ��iz� �� CillYll�ll TAT7+� r»zr c�� r��-1- �nn»w»>��-� B. 1 �� When an employee ls on u� � ��:u �� u��,�� «.�: � � �� ,� � r C.l V �71 �C.111 1 �V 4 C.lt.t, 1.i11 Ll.i1C.l4t, ✓ ��-��,� �� ,�a��.�,�� -�� a��,��1 . . the em�lovee � u�.0 �� .0 ��, l.i �.il ll l � �� «, u� � eave an a 1�ortion o t e eave is unpal , shall accrue vacation leave on a prorated basis, based on the number of hours paid bv the Town durin� the pav �eriod. When an emplovee is on leave and receives no c � ., . compensation from the Town, the emplovee shall not accrue vacation leave. C. Vacation leave �� accrual is cumulative, up to the maximum number of hours permitted by this policy. Section 4-1-3 Rate of �;�"��;��«�� Accrual A. Eligible f ull-time employees shall u�� u� u� u ��accrue paid vacation leave at the rate shown in the f ollowing schedule: Vacation Accrual Rate Length of Service Vacation Days 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 ��x�� x�� xaccrue vacation leave on a prorated basis each pay period based on the number of hours r�� '� ��u� �' ��y u�� ,��-�;,-,,� � � � � T ��-,�, �-,��,�, � �,� �-,� �� 7�,�.�� . . . �xxx�.��Y� ��.xr�:��.� �� x� al v t e Town urin t e av erlo . 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 f or greater than (>) {nnnz_� �ti� 00031988.DOC /} 4 - 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 20 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES f ive years on the day af ter the employee's f if th anniversary; theref ore, the employee shall begin earning at the higher accrual rate u� �� ? �u �� u��: � �/�i�i�-�rtr ��tr� o�� r��i�-�� -�i�r�r� �r� �w�r��tr��o ��r��r�-� �� o�rtri�� r r»�rr��o�o �� L. 1 V 1111 4C.11 1 L, C.l V t, �71 �C.l ll Ll t, t, l t, \.i 14t, \.i 4 V V V C.l l\.i C.11 � t, l l< 1 V t, t, �7 l t,1 � 41 � V 1 i7 t,1 V lt, t, 1 V 1 l.i 1 V �7 t, �7 V l y r y � r r � u�u �� ?�u �� u�� u� u? u� �� f or the pav �eriod in which this date f alls. D. L. 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 u��u� u?u��uaccrued 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 bef ore vacation leave hours are f orf eited. B. T' ��In extenuatin� circumstances, the Town Manager may approve an exception to this p •• a,,�,� „�. ,�u�,,,��-,,�� i�, r�, �,�, �,��,� �,,,�, � Y vee an additional 90 Y'OV1S1011 ��,��,� �,��.�, �� °+�� .�� . �� .�.�an �rant an emp o , calendar davs to come into compliance with the 240-hour rule without f orf eitin� anv o, { vacation leave. This exception will onlv be �ranted once per rollin� 12-month period. If the emplovee f ails to come into compliance with the 240-hour rule within the additional 90-dav �eriod, the emplovee will f orf eit all accrued vacation leave in excess of 240 hours. Section 4-1-5 Request f or Vacation Leave A. Eligible employees may request to use vacation leave af ter 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 f actors, including Town needs and staf f ing requirements. Section 4-1-6 Vacation Leave Pay Vacation leave shall be paid at the employee's base rate of pay, plus anv special assi ment av, at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential �� x�x ��xr�� -. {nnnz_� �ti� 00031988.DOC /} 4 - 5 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 21 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment �. Upon termination of employment, employees shall be paid at their base rate of pay f or any unused u�� ? u�� accrued vacation leave earned through the last day of work. R T�7C� 1"1l1�7!'�TT C��7�� Ylll+ 71"11"1�TT 7� +�ll TllTA7Yl ��7Y17lTllr �ll+llrYl'17Y1l1C� +�7+ +�ll llYl'11"1�llTTllll�C� L• 1 1 �1�7 Vllt. �71 �C.111 1 �V 4 C.l 1 11 41 �t, 1 V V V 1 � 1 V 1C.11 �C.l t,l \.it, �,t,l ll �ll �L,i7 41 �C.l 4 41 �t, t,ll � 1V <,<, i7 r y rr y � r y -�-�r�.a�x�-� �.x�.�.-�-�. s .�....�-�-� ,r�....r.. n,,�.a.� .�.-�-.. ,n.�....,cxr.. �n.�.�...x�-� �.,�.n.n,�.,r �. a.�. �r-�.-�-... �l.+l.,l ll L11 C�X �ilJ�'1 1 Y� Ll L'l., Y Yl.,� �1 �C. 'lJ'1 �i'l.Jr�� 11 L1��+U`1 L'i:X l.11� l:. 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 �?��The provisions of this policv applv to all re�ular full- and part-time classified and . � unclassified employees, including those serving in an initial evaluation period, and • �,�.� ��,,�,��,� �-�-,� ��,k.,� �,��-,�� T�-,� ��, ��,�-,,�.;��-,�:� ,� �-�,�, ,�,�,��;�-,�� term- irrute temporary emp oyees �� . �:x��x��: �� :�� Y � ��:Y�, x�:� � �: �� .� x��:� xx-r �� rx� ��:� . Section 4-2-2 �� Y�Y Accrual of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. T�� x�� -� �� ir� ��r r��in� ��in�r r�nr��i�-c� ic� TA7 ��r� �-��tr ��rir� ��-�-�r��r�n� ��- � r��in� �n��4-v�tr \.iC.l l.t, Vl 1 111 l. 1 V1 " V11<.l. Vllll..t,l l l.l..l l.il l.� i�7 V V" l lt;l l l.l lt, L11. 11 l Ci l.l.l.l l\.iCil ll..t, "C.l`l. C.l V111..t, ilt;C.11.il.11 C . r y � r y � 4'1 r] 4'1 T 7 �!l r] T 7!l !1 t r] � Ci !l4'1 !� !l T A 71 �� !11 1� Y1 r] T 7 Ci � r] �� 4'1 !1 � r] !� !� 1 1 YYl 1 1� r] �!l Ci 1!� �/ B. 1 �� When an employee is on u� � ��.0 ��. �� u��.� «.� �� u � r Ci V �1 lCill i lV G Cit.l..l.ill Cl.i1C.l l.t, i7lt.lt ✓ x�� x� �� x�leave and a portion of the leave is unpaid, the emplovee shall accrue sick leave on a prorated basis, based on the number of hours paid bv the Town durin� the pav �eriod. When an emplovee is on leave and receives no compensation , from the Town, the emplovee shall not accrue sick leave. C. Sick leave shall u; ;;�� ;�? u�; accrue without limit. Section 4-2-3 Rate of ��Y Accrual A. Eligible f ull-time employees shall u�� u� u? u ��accrue sick leave at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall ��m��accrue sick leave on a prorated �m��x ��x ��,� a,��T� ' p Y p � r ��. ��,�� .,� ��.�� ,u ��, aS1S eaC a erlo ase on t e num er o ours �.� � ��.�.�� u � �� «. u� �. ��x�� x�� aid bv the Town durin the av eriod. Section 4-2-4 Permitted Uses A. Eligible employees may use sick leave after 30 days of employment. ��nU �n�irn �c� �r�-1-nr��n� ��n�zr.-I-� r�r�ir��n �r�n�rr�n r�r�-I-nn�-i�r� ir� �-�n ntrnr��- �-� ��r�nc�� r �r»»rir B. vx+�: �+�+�:;Y ��.;.+`::ti....�'�:�x+�.;Y.. . .....�:�.... .. Y r�:;.... ... .x �' t.+�:;�: Y:Y+�.y� r�., +�:;..� +�:;t Y+�:;�+� ��... iY ..�. ..�.�... . ..� .� � � � .� Eligible employees shall be permitted to use sick leave f or the f ollowing reasons: {nnnz_� �ti� 00031988.DOC /} 4 - 6 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 22 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 � / / -�-x,ra � -�-x� ,nx� �-,� / n�u � x� a � � � �n x� � ,n, x -�� --�-� x� �nr� � . 3. urglca me lca enta or optica �� .� �� .� �� .�,�� rx� r� �� appolntments, includin� re�ular, preventative care appointments� that must be made during working hours and travel time to and from such appointments. 4. Illness ��or in'urv of immediate f amilv member or sur ical, medical, dental or optical appointments, includin� re ular, preventative care appointments, f or an immediate family member and related travel time to and from a physician s office. For purposes of this policy �� "immediate f amily member" shall �� x� ��be def ined 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 f amily circumstances, has been a parent substitute to the employee may be considered the mother or f ather in this def inition. Section 4-2-5 Notif ication to Supervisor � �i��x��n,�r,n,n,� ��,r�-'t�,r� �xn� ��r�� -� r�r��r�- �-� T�7�r�i �� -� i��r��c�c� �r ir�i��rtr _,��_�� x��,� �-�-'t�n��_r z �: �x� r�x�� :�.� �� : u� �u.��.. �� . � �� . .� u�. �� «.�� .�� y �� x� Y �� Y� �x ��:�� ir�n�- c��r��rtric��r ��r� �-�� c�n�� c��-�r�- �� -��ir T�7�r�i ��tr \.illt,t,l, �71.i{Jt,l V 1�7V1 L1<,1Vlt, 411t, �7t,llt,\.il.ilt,Gi �71,Ci1 4 Vl Gllt,ll VV"Vllt l.i(.l V. 1 ✓ A. �. �'�� unplanned absences, such as when an emplovee is unable to report to work due to illness or iniurv, the emplovee shall notifv his or her direct supervisor before the scheduled start of the emplovee's work dav. The emplovee shall also contact his or her direct supervisor m�� 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. Upon return to work, the emplovee shall submit a leave reauest f orm to his or her direct supervisor f or the time missed. ReQuests f or leave are subiect to the approval of the supervisor and the supervisor mav reauire the emplovee to submit a medical verif ication statement f rom a health care provider verifvin� the need for the sick leave absence. B. For planned absences pursuant to this policv, such as a planned appointment or medical �rocedure, an emplovee shall submit a leave reauest f orm to his or her direct supervisor as soon as the emplovee becomes aware of the need f or the planned absence. ReQuests f or leave are subiect to the approval of the supervisor and the supervisor mav reauire the emplovee to submit a medical verif ication statement f rom a health care provider verifvin� the need for the sick leave absence. Section 4-2-6 Medical Verification A. If an employee �� u��-�uses sick leave for three or more consecutive days a:�� ?�� ,�x y, the employee's supervisor or Department Head may ��; ��reauire the {nnnz_� �ti� 00031988.DOC /} 4 - 7 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 23 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES emplovee to submit a medical verif ication statement f rom a?�� health care provider . . �v�c�-1-�r�n� �-� -1-�� r��c�c� �r �r»»rzr �r�� -c� ��r�r�r��r�cr �r�� vr��n-1-�� r��r�cr verlf the �� .�� u� �.� � �� ««� � u� �.� ��. �� .� �� .�� Y g � y � � r � �� need f or the sick leave absence B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring � /�,n,x� � ra, � r . ra, �-�+, � � n,r �i r� �-1 � � r ,�� r�n,�� a r�� r� � ra, �-+,� �nr�,r�.�n,� � � � r • • �� x r�� Y Y �� absences �� x �:�: �x � �� r� � ��.� ��:�on the �� .da s lmmedlately preceding and/ or immediately f ollowing uthe em lovee's re ularlv scheduled davs off or Town-approved ��x��holidavs, the employee's supervisor or Department Head may require uthe emplovee to submit a medical verification statement from a�� health care provider verifying the need for the sick leave absence: T�� r»r�-4-v��r��- u�� 4-v��tr r��ir� �-�� tr�ri�in��-i�r� �c� � n�r��i�-i�r� �-� r�n�itrir��r c�in�i ��tr� r»tr Lt, {JCI1 1,111C,1 lG 1 1<,Cil.i ll l(.l V 1 C,G1 C.ill t, 411t, V<,1111<,CIG1V1 l CI� CI <.Vl l\.i141V1 l GV 1 C,t,t,1 V ll l� �lt,lt 1<,C.l V t, {JCI V 1 ✓ 1 1 ✓ � �'71_� �._,L11'` '�,Cln �_�_� '��_,L11'`�._7,f1� �� ...._��_,f]�. aCl��'1�']� 1'11�_,(l�� TaCl�aCl� �l'1 � � T....._� !�!_t,Cl�� T......1'`,fl�� 1'`�'li.. '�,(]n....._T A, 7,(l.1'`�,1. �� '�.��....'l�'Y '�L;�Y � Y Y:'C:l '�l` 1 ✓ ✓ C. If the employee fails to provide the reQuired medical verification or if the emplovee's Department Head determines, in consultation with the Human Resources Director or desi�nee� 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 � �, �� ,_�-, �-,�,� �� -,�-,�,�-��;_�-,,�,� �-,�� ; �;��;_�T -��-,�,�. �,,�-,�� _�-,��T�-,� ��-,�,�-�_�-��-�, • A. � �� x�� :�Y ��x r �x ��x�x��Yx�� x�:��, x�� . ��:� r�.��When a�pllcable, an employee �� u� �� u�ureauestin� to use sick leave must apply f or any other available compensation and benefits that the employee may be eligible to receive, �� ^T��'� ��r��u�� under disability insurance coverage provided bv the Town, such as workers' compensation and short- and lon�-term disabilitv. B. Sick leave benefits may be used to supplement any payments that an employee is eligible ' 1/�T�r�i�r c� �'�w�r��r�c��.�r� ' to recelve rom � � �� .�� wor ers �7 `.Vll < r �.� ��u �� compensat�on or any isa i ity insurance programs paid f or by the Town. ��-a,�,� �� ,��-,� ,�a�,��a�-�T ��,��-�, �,�� ,��,�-� ,�� ,�� ,�� C. The �.�� y � ��.�_� �� y � � y �� .� � �� -�� .� ��:� � � ��emplovee's pav shall not exceed the employee's normal weekly earnings throu,�h anv combination of paid leave and other pavments received bv the emplovee, such as disabilitv insurance pavments, or workers' compensation benefits. If the combination of pavments results in the emplovee bein� paid more than his or her normal weeklv earnin�s, the Town shall reauire the emplovee to reimburse the Town f or the overpavment. {nnnz_� �ti� 00031988.DOC /} 4 - g ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 24 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-2-8 No Sick Leave Available An employee who � �� = �� ??�� y �� has exhausted � � � ��.w�i.r�i.o�-r��-itr� � � � u��:�� :��u ��.�accrue slc eave ma re uest u.�� u� «� �� u�� eave wlt out a. Section 4-2-9 Transf er 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 request to transf er the unused portion of the 16 hours, up to a maximum of 16 hours, to vacation leave. B. The employee must request the transf er in writing to the Finance Department by the deadline set by the Finance Department. If an employee does not request the transf er, the hours will not automatically be transferred. C. Hours not transf erred shall remain in the employee's sick leave balance each calendar year until they are approved f or use in accordance with the sick leave policies in this chapter. D. �'?�� ;��?; y�;'� �; �� If the transfer of sick leave hours to the emplovee's vacation o�� r»�� tr �-�� i�r»r�� r»r�-r��r��- �� -�� -r�r�o��rr�� rc� leave �71 �C.11l �Jt, \.it,l �lt,\.i � �� «. � 11 �C.11 �t,t, L t, r u� �� «. �� u� �� :� �� total would cause the employee's �� ? ��accrued vacation leave to exceed the maximum vacation leave hours allowed under this chapter, the emplovee's reauest f or transf er shall be denied Section 4-2-10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated f or unused ��: �� accrued sick leave upon termination of employment. T T r»�o�� w��-�� o�� tr� o�� r��r�c��-��-�� r �r� ' B. V l ��.i�7t,\.i C.lt,t, �.i11 L�.i1C.l4t,\.i �71t.1� 1L,C.l V t, �� u�� : 1 t,ll ��7 4C.14t,\.i 1 V1 C.11 � a re�ular full- or part-tlme class • T A 7� !1 1 Ci � r] 1� lltt 1 t �� !l llYYl 1'1 �!1T 7!l!l r] !�!�l11'1 �Ci r!l llYYl 1'1� !1T 7YYl llYl � T A 71 �� !l Tl1T A 7Y1 lf led employee V V 1 lV I�7 1CI1\.i Vll 11 l,l lt, t,ll l{J1V V l.l. Cil..l..l. {J C.� l t, t,ll C{J1V V ll lt,l l4 V V ll,l l l,1 lC, 1 V V V 1 l 1 ✓ 1 1 ✓ ��,zi.� ,c��...�-�.n,.....,r�.��-n,....,r�;�...�.�.�r,r��-�. . . �� -�� -� � �� :�Y � �� Y ��. �� . �� xY-ls al o an t en reca e wlt in a 12 ca en ar month period followin� the effective date of the lavoff, the emplovee's previous unused accrued sick leave balance shall be restored at the time of the emplovee's re-emplovment. POLICY 4-3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. {nnnz_� �ti� 00031988.DOC /} 4 - 9 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 25 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -3 -1 Eligibility �?��The provisions of this policv applv to all re�ular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term-limited temporary employees ��: �?��x�?� �: � -�; ��: ��? ?�� T� �� : �: �� : ?x�y . Section 4-3-2 Amount of Personal Leave A. Eligible full-time employees shall receive 16 hours of personal leave each calendar year. B. When an emplovee is on leave at the be innin of a calendar vear, even if a portion of the leave is unpaid, the emplovee shall still receive the full allotment of personal leave. C. R: 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 perf ormance evaluation, grant additional personal leave, up to an additional 40 hours per calendar year, to employees in the f ollowing 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 �'D of this section, the additional leave shall be granted to the employee f or 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 personal leave. The Town Manager's decision regarding personal leave is not subject to review under the personnel action review procedures set f orth in Chapter 5 of these Personnel Policies and Procedures. Section 4-3-3 Request f or Personal Leave A. Eligible employees may request to use personal leave after 30 days of employment. However, if the Town Mana�er �rants additional personal leave to an emplovee c c � � . pursuant to the provisions of this policv, the Town Mana�er mav waive the reauired 30 dav waitin� period. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 26 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. Employees shall submit personal leave requests to their supervisor before taking any time off . Requests will be reviewed based on a number of f actors, including Town needs and staf f ing requirements. Section 4-3-4 �`; �;�"�� ;�� «�� No Accrual Personal leave does not �: �;��;�� ; accrue and is f orf eited if not used within the calendar year that it is received. Section 4-3-5 Termination of Employment Employees shall not be compensated f or unused u��:�� ? u��-accrued personal leave upon termination of employment. 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 ?� �� u� u� The provisions of this policv applv to all re�ular full- and part-time classif ied and unclassified employees, including those serving in an initial evaluation period, and term-limited temporary employees u�� a �� ru i �� i,�uy � u� �� 1 � -1-�i� r��inir �,� r�� .�...� Section 4-4-2 Town-Approved Holidays A. The Town-approved holidays f or each calendar year are as f ollows. 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 (f irst Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (f ourth Thursday in November) 9. Day af ter Thanksgiving (f ourth Friday in November) {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 27 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 scheduled 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 f alls 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 Town-approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances f or 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. POLICY 4-5 MILITARY LEAVE The Town of Marana shall grant a military leave of absence to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. The provisions of this policv are not intended to conflict with or supersede state or federal law, nor should thev be interpreted or construed to do so. If anv provision of this policv conflicts with state or federal law, state or federal law shall control. Section 4 -'J r - 1 Eligibility Employee eligibility f or military leave shall be determined in accordance with the provisions of applicable state and f ederal law. {nnnz_� �ti� 00031988.DOC /} 4 - I Z ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 28 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-5-2 �'�� 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 • TAT7+�l111+ • • • • Yl 7 T.T..., !l1^.., Yl'1.''� t T..... ] 1 C�ll grante ml itarv eave � � � �� r u y �� 11 LC.I y .��t at mav e unpal or pal vla t e emplovee's use of accrued vacation, personal or compensatory leave: balances. Anv reauest to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. � Section 4-5-3 Advance Notice Reauirements A. �: An employee ordered to military service shall provide his or her Department Head with � �7� ��; � advance notif ication of the leave, ��-�� ? �� unless ivin� advance notice is �. �prevented bv militarv necessitv or is otherwise impossible or unreasonable under the circumstances. The notice mav either verbal or written. The United States Def ense Department stron�lv recommends that advance notice be provided at least 30 davs prior to de f or unif ormed service when it is f easible to do so. B. Additionallv, the Town reauests that the emplovee provide his or her Department Head . . �� ,�,��-�,��-,�,�� ,�,��.,��,�� - �� . wlt a copy o t e emp oyee s ml ltary or ers. � �«. �� .0 �� u�� . r � � � �u�.0 u � ��.u� � �r�n i,►znn�� .�n.-��rn...l-�n...c��-�r-1- �-�....-1-�.n...�n.�trn.. .i-�. �x r�: �� :�.Y� ��:Y�x �. ��-��: � ��x � �x �� : Y�.� � �., xx as soon as practica e. Section 4-5-4 ��Y�Y ��-�-�� No Break in Service Time spent in active military service is not considered a break in service u�� ? �u?� �� :�� a �� .^a,�^a �^�.T7,�^ for purposes of determinin� senioritv or leave accrual rates. u � c i c., ui cc., u� c., i v i�, c., . Section 4-5-5 Return to Work If an emplovee fails to report to work within the timeframes established under the Unif ormed Services Emplovment and Reemplovment Ri�hts Act of 1994 �USERRA� at the conclusion of the militarv leave, and has not submitted a written reauest f or additional leave, the emplovee is considered to have resi�ned. POLICY 4-6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave with pav to eligible employees. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 29 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4 -6 -1 Eligibility �?��The provisions of this policv applv to all re�ular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term-limited temporary employees �x � ; ?x��?� �: Y: �� : �: Y: � �T��; � � �: � � � �� x ��: � Y� -1-� i c� r�� i nz r �.� «� {✓ V llt, y . 1 Section 4-6-2 Amount of Bereavement Leave A. Eligible employees shall receive up to three days bereavement leave f or 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. Anv reauest to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. Section 4-6-3 Request f or 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 f or 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" ��shall be defined as the employee's spouse, parent, child, brother �� x, �?� � : ��? �y ��' � ��: ��; ' � �� , : � �? �, �� : � : � o�o�-�r �-�� r�r��tr��c� ��o c�r��o� �rr�r��r»r�r��-o �r �rr�r��r�r� � �� .� �,� «: t,ll < 1V t,t, �7 t,1 �11\.i �7 �7 V 1.i�7t, 1 C.11 �\.i C.11 t,1 � 4�7 V1 1 C.11 �\.it.1 �11\.il t,l l slster rand arent � r y r � � r � � � p � �randchild, mother-in-law, f ather-in-law, son-in-law, dau,�hter-in-law, brother-in-law, sister-in-law, or step-child and any other person whose association with the employee was similar to any of the above relationships. POLICY 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Def ense Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides job-protected f amily and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. The provisions of this policv are not intended to conflict with or supersede federal law, nor should thev be interpreted or construed to do so. If anv provision of this policv conflicts with federal law, federal law shall control. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 30 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-7-1 Qualifying Reasons f or FMLA Leave Eligible employees may qualif y f or FMLA leave f or one or more of the f ollowing 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 f or adoption or f oster care. D. To care f or the employee's spouse, child or parent with a serious health condition. E. To care f or 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. 2. A veteran who is undergoing medical treatment, recuperation or therapy f or 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. C. Group health plan. A plan (includin� a self-insured plan� of, or contributed to bv, an emplover or emplovee or�anization to provide health care (directiv or otherwise� to the emplovees, f ormer emplovees, the emplover, others associated or f ormerlv associated with the emplover in a business relationship, or their families. D. �: Health care provider. Health care providers who may provide certification of a serious health condition include: 1. Doctors of inedicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices {nnnz_� �ti� 00031988.DOC /} 4 - I S ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 31 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 perf orming 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 benef its 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. Kev emplovee. A salaried FMLA-eli�ible emplovee who is amon� the hi�hest paid ten percent of all Town emplovees, as determined pursuant to the provisions of the FMLA and accompanvin re�ulations. F. n. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the f ollowing: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care f acility 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 f or prenatal care 4. Any period of incapacity (or treatment theref ore) 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 f or 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 theref rom) by, or on ref erral by, a health care provider f or a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) G. �. Serious injury or illness. 1. 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 {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 32 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Forces or an injury or illness that existed bef ore 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 bef ore 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 manif ested itself bef ore or af ter 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 u� a classified or unclassified employee who has: 1. Worked f or the Town f or 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. r] Yl llYYl 1'1 �!1T 7!l!l YYl 1 1 Ci � � r] T 7!l �!lllYl llYVl 1'1 �!1T 7!l � �T 7 �� !l Tl1T A 7Y1 • B. The 12 months u� ��.�� y �:� �� u� � ��u ��.� ��:�� y �u � y �� reaulred bv para c raph (A� (1� above need not be consecutive months. If an employee is maintained on the payroll f or 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) f or determining compensable hours of work. Section 4-7-4 Leave Entitlement A. Eligible employees, other than employees qualif ying f or leave to care f or 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 f or leave to care f or 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. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 33 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period f or childbirth, adoption or placement of a f oster child, or to care f or 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 f or a covered servicemember with a serious injury or illness. �'i T� �-�� 'i�/�T 0 ��tr� r��ri�� ic� ir�c��ini�r��- �r�� -�� 4-v�r��tr�� ic� ��r»�� -� ��tr r��r��r4-v� �-�� L. 11 Gllt, 1 1V1L1 1 1<,C.l V t, " <;11V1.i 1� "11[i7�.i11"1<,1<.11C Cill\.i l,llt, <,11C 1V l.l. 1� �.i1lC.lLJ1t, LV 1"l.ill " <,11Vllll 411C, r r y yr nc��nr�-1-i� -F »r�n-I-i�r�� i� �r �nr r��i�-i�r� �-I- �-� n�r�n��i�r� �� /�T 0 � n�trn �-�nri�� - I - �n �..�..�.�.�...�..��.�.�.......�...��...�� :��...��r.......��........�...r�.�.�.......��..........�..��.� ........... ..... .�.�.�..�.��.�...� ..... .,� J ..�...�,�,.�..............��...�.,� J . � � � ' ' ' ' 'T'� n Tl1T A TYl w� � i r ,c-�.�..�-a.�..,r�.�..z,c-�,c-�............� � t�..�..�..z............�.�r�.,r�..�...�...,�.,�..-�- .............�..,r�..� � t�.�..�-�.�..,�..-�-ar..�..-�-�..�....r...,�............�..�r�..�..�..�.,r-t�............�-a�..�..ar..,�..�...�....�..�..-�-............-�-,r�.............�,r�.�..�..,r-�.�..z............1�...�..�.................. t,ll l{J1V V t,t, 11 lCi V 1<,G1 l.it,�7l, CI\.ill lll ll� 41 CI l,1 V t, 1<,CL V t, {J l.il �7l.iC:l1 l4 4V 1 V11<, V Z J. 1 1 lC, 1` V V V 1 l 11 lCi V 1 ✓ ✓ 1 1 ✓ ✓ r��ir� ��r��-�� 4-v��in�� n�r�-i�in��-i�r�c� �-� c��r�r��r�- �-�� r�� r �-�� i�-i�r�� tr� ��....� ��... � �....,.� �� ...,.��.u� �.�..� ��.0 ��..�� ..� � u � �� «.. ��......,.� �..�� ... u,.�,.�� ..�� u� ��..0 �,... Hl1TA7llT7llr ir� r�� n�c�� c�� -�� 4-v�r��tr�� r�� -� r��r��r4-v� �-�� c�c��r��-i�� r�n�-i�r�c� 1 1V V V<, V t;l`" ll l 1 lV l..C.l�7l. i71 lC.111 41"lt, t,ll l 1V <,<, L1<; 1.i1 lC.l LJlt." 4V 1.11 V1 i1 C Cl lt, "l �.ill <,�7i7t,1 141C.11 1 1.i1 lt, l,1Vl li7 � � J' Y � � �-� n � r r,,r� �nr� � � ra, r �-�„�. � i� �-i� n,r+ �� x �xr,�r� � -�-,�r� r �-� � r+, �� 7 w+, n�,�-�+, �-� � i r+ � � � r►-� ,n, x� �-� �-�, �n r � � � �i n,r r� � a r x�,n, � ,ci, � � � �'.�.........�:�...�.�.�.�........�...�.. .. ....��+�:�t.� .......... ..... .�.�.�..�:��...�.....�..��.......... .. ...�...�+�:�t..�: �.�..........� ..... .� J .�...�.,�, �..�.......�......�.�.......... ..... ..�.�.... ..... .�.��..�.......,�,�. � � � � � � �r r] !� �/ 1 Yl !Y �!l r] T 7!l �1 YYl !l � / YYl !1 Yl �� Ci T A 71 �� !l YYl !l r] Ci 1 1 r!l � � r] Ci !l � !1 Yl � n Q n �!11 1 r Ci �!1 r �1 1�� YYl !l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l,1 C.lt,ltll l� 1<,C.l V t, l,lll Ct,� 1L 111V1 1411� V V 111 LJt, 11lt,Ci�7l.il t,\.i LJCI�7t,\.i Vl l LVV V 1 lV 1.i1 � 1 V1 1 C.i11 Glll lt, ,(lA�l'1.1'1��_,(]nT T,(lA,LlA� ..._� �"1 �.... 1'1�1'`(l. 1'`_�!'�,f]�� t.,Ll1'` 1'1� � 1'`�. ��._�"1A'1,(lA......_aCl��'1�']�_1'1�� ,(l.� 7aCl�,(l� l...t ��,(l .._,f]��"1A'1_1'1�� ,(l.�_7aCl�aCl�....... � � ......_� � �"1._� ��_,(l �,(1.... 1'`,(l'�'� � 1'`�'71. '1.; � �'y...il:;'l.,i�.....i��Y�:ti.. ......�.'� ...i.,�,�......... �.�..�..�..Y:'Y�Y��I:; �..}' Y't:l".'�r qL;.'�:.i�......Y� ....��.r'�; +IJqL; ...r:'�J` 1 ✓ l:; �.J i..l' l:; 1 "✓ � ✓ , 1 1 ��-�r �-� i o�-i w� ��-� ��' A 7Yl w� � t r i r� i�-i ��-� o �r» r��-i �r� �� w� r� � �t rw� �r� �- C.11 1t,1 41 �1i7 4111 Lt,� 41 �t, 1 V V V 1 � 11 LC.I y 11 �141C.14t, i7t, {JC.Il C.141V1 � Vl t,ll L{.J1V V 11 Lt,1 �4. ✓ 1 1 ✓ Section 4-7-5 Qualifying Exigency Leave under the NDAA 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 period f or one or more of the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment B. Military events and related activities C. Childcare and school activities D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. 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 {nnnz_� �ti� 00031988.DOC /} 4 - 1 g ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 34 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 f or 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 �� Paid Leave �iw�r��iz��c� c�� r��»ir�� -1-� ��c�� r�iz �nn»w»>��-�� r��i� ��zr� -I-iw�� lc�in�i zr�n�-l-i�r� r��rc��r»� L 11 L{J 1 V V t t �7 �71 � C.11l Ll t, 1 t, t.1 �.i ll t, \.i 4 V l.i �7 t, C.11 � y C.l t, t, �.i l l L�.i 1 C.l 4t, \.i {J C.l l\.i 1 t, C.l V t, 4111 Lt, 1 �71t,1�� V C.l t, C.l 41 V 1 �� {J t, l �7 V 1 �C.l l 1 ✓ 1 ✓ 1 \ 1 �.]k'�..�........,�'�.�("ln.�'ar�.lk'1A.�l,]k'�..�...�..��k!�...7.�.......,(�.��a11l.,(��Il..11..]k`.]k!�(1��..��..T�...�.......�..�A..7.1l..��.........�.lk'1A.a11�.�' �("�.�...7.�C�.�..........�-1...�..�..�...........�..........�..�l,..�..�...�.�(1�............�.�......1!'�l,..�..�...�........�..�l,..�..�...�.�C�.......1l..A�.......�)A1�l.�...�..1l..1l..�..��(1�.�........�Cl�.�'.......�..� C,tY L'l�i l..`llll 1llL,1 1�C.L l.\JY `ij �`l..\J1 1`l.. l:�l Y`1:;1 L l.1 V V� 1 C.1 C�X LJ r..JY `ll V�,'l�i Y 1W11�Z 1 Yl,i.i `V '�1,. lY �i:Ll�.i 1l,i.i 'V �, 1� \.,J\11i:i l.L� Y:`l.l.� V'1 Yl 1 ✓ ✓ 1 1 �r� �w�r��iz�� c� r��-1 ��iz� �r�zr �nn��w»��-1-�� r»i� ��zr� ��r�n�c� � �w�r��iz�� c�� -�� (.11 � t, l l L 1 V t, t, \.i V t, �7 1 � V 4 1 �C.l V t. C.11 � C.lt. t, l.i 11 L l.i 1 C.l 4t, \.i C.l l\.i 1 t, C.l V L, L1 C.11 C.11 �t, t, �7 41 � t. t, l l L 1 V t, t, �71 � C.11l LJ t, r y y r � r y �a�� :FMLA leave is unpaid leave, unless an emplovee uses accrued paid leave balances durin� the FMLA leave period as described in this section. The Town reauires emplovees to use anv accrued paid leave balances concurrentiv with approved FMLA leave to the extent necessarv for the emplovee to cover pavment of the emplovee's share of anv insurance premiums. The emplovee mav choose to use onlv the amount of paid leave necessarv to cover the cost of the insurance premiums and to save other accrued leave balances for future use, or the emplovee mav choose to use accrued paid leave balances to cover his or her full salarv. The use of paid leave time is subiect to the leave policies set forth in this cha Section 4-7-8 Request f or Leave A. Eligible employees shall submit a written request f or leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. R: Eligible employees shall submit a written request f or leave to the Human Resources Department as soon as practicable f or unf oreseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unf oreseen 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 f or their own serious health condition or f or the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember �� are 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 f amily 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. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 35 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-7-10 Certif ication f or 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 f acts regarding the qualif ying exigency f or 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 Town shall designate the leave as FMLA and inf orm the employee of the designation within f ive business days af ter receiving the employee's request f or leave. Section 4-7-12 Determination/Notice of Substantial and Grievous Economic Iniurv A. When a kev emplovee �ives notice of the need for FMLA leave and the Town makes a �ood faith determination, based on the facts available, that substantial and �rievous economic iniurv will occur to the Town's operations if the kev emplovee is reinstated at the conclusion of the leave period, the Town shall provide written notice of the determination to the kev emplovee as soon as practicable. The notice shall inf orm the emplovee that the Town cannot denv FMLA leave, but that the Town intends to denv o, � restoration to emplovment upon completion of the kev emplovee's FMLA leave. If FMLA leave has alreadv commenced, the notice shall provide the kev emplovee a reasonable time f rame in which to return to work takin into account the circumstances, such as the len th of the leave and the ur�encv of the need for the emplovee to return. B. If the kev emplovee commences the leave despite the Town's notice, or if a kev emplovee alreadv on leave at the time of the notice does not return to work in response to the Town's notice, the kev emplovee's ri�hts under FMLA continue unless and until the emplovee either �ives notice that he or she no lon�er wishes to return to work, or the Town actuallv denies reinstatement at the conclusion of the leave period. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 36 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. The Town shall make the determination of whether the reinstatement of the kev emplovee will cause substantial and �rievous economic iniurv in accordance with the applicable provisions of the FMLA and accompanvin� re�ulations. D. If the Town f ails to provide timelv notice of the determination to the kev emplovee, the Town shall reinstate the emplovee even if substantial and �rievous economic iniurv will result f rom reinstatement. Section 4-7-13 �°�«�� i-? �� 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 f or a serious health condition or to care f or a f amily member with a serious health condition or to care f or 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 f or 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. C. An employee is not guaranteed Intermittent FMLA leave f or childbirth, adoption or placement of a f oster 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 transf er an employee on intermittent leave to a diff erent position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. • �,�.,� ,�.�� -�_�. �r- ,�� r��-� �r��_�,��_�,,� _�r �r Section 4-7-14 ,��:�:�� .�� .� ��Y�� :��Y� ��r�.�: ��:��: ��Y�� Maintenance of Groun Health Plan Benefits � �� A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health �� u� u� �� u��plan benef its, including f amily coverage, f or 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 �p health plan insurance premium, if any, through payroll deductions. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 37 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments f or his or her share of the rou� health plan insurance premium, if any. If payment is more than 30 days overdue, n�irnr��rn i�ri��...�n..�.r�r�r�n� ��-I-n.r.,�I.'ri....�.�.zr�th . . . i� r�r�t.r�,�.n�. �:� � �:� ��: �� xx� ��. �x ��:�, �� .� Y.� �� e Town s a �rovl e wrltten not�ce x� �x � � x��.� �� y ��. �r� �� uu�� r��►�� Tl�� to the em�lovee that �avment has not been received and that covera�e will be dropped. The notice shall be mailed to the emplovee at least 15 davs before covera�e is to be dropped. If the Town pavs anv of � c � � - the emplovee's share of �roup health plan premiums, the Town mav reauire the emplovee to reimburse the Town for the emplovee's share. If covera�e is dropped, it shall be dropped retroactivelv to the date the unpaid premium pavment was due and the �rovisions of the f ederal COBRA law shall applv. D. The Town's obligation to maintain rou�health_ lan benefits under this section stops if and when the employee inf orms the Town of an intent not to return to work at the end of the leave period or if the employee f ails 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 rou� health lan insurance coverage f or an employee who f ails to return to work f rom FMLA leave. Section 4-7-15 �� =?=� �� t,t,� ��': ��u Maintenance of Other Benef its i�r�� r��- w»�r��-��r� �-1-�nr ��r�r��nw�nr��-�� nr�n��-1-� . . . . A. The Town � � �� ,�� has no obll�atlon to malntaln insurance and other benef its such as lif e insurance or disabilitv insurance that are not considered to be a" roup health plan", while an employee is on FMLA leave. T� w»ir�-1-�ir� c�»r�r��w��r�-1-�� r��-�i-1-c� �-�� w�r��iz�� w��a�- w��i� r»tzw��r�-1- �rr�r�cr�w��r�-1-c� �wri-1-� 11 LC.111 �4(.11l � �7 �.i {J {.Jlt,ll <t,1 �4(.l1 L1t,1 �t,114i7� 11 �t, t,ll <{J1V V t ll <�.i�7 4 11 LC.11�t, {JC.I y ll <t,1 �4 C.111 C.11 ��t,ll <t,1 �4�7 V V 141 � 1 1 1 ✓ 1 ✓ ��,,, u,,,-,.,��, T��c��»rn�a ��,a �;�,��,�,,, r��,�r�,-,.,,,�,��, The Town will meet its responsibilities 41 � t, 1 1�.i l l LC.Il � 1\ L, �7 V l.i l t, t, �7 C.11 �\.i 1 11 �C.11 �t, t, L t, {J C.l l 411 Lt, l � 4�7 • 1 to provide eQuivalent benefits to the emplovee upon return from FMLA leave. �,��,.�-�,�,,� n.._..�m-� � c,�,�,�,,��,�;,�,� ,�� ► �,�,�,,�� ,�-��,,� ,�,� n�-�.,��, �r�,��r,�mn�,,��T� a,�� u,�,�,��;�-,� ��,��,�� ,.� �� ::�� ..�::��Y��.�� .�� Y�� ►:�� :��►..�.Y�:�. � B. An emplovee who is on paid FMLA leave via the use of accrued leave balances shall continue to pav his or her share of anv non- c roup health plan insurance premiums throu h pavroll deductions. C. An emplovee who is on unpaid FMLA leave must make pavment arran�ements with the Human Resources and Finance Departments f or his or her share of anv non-�roup health �lan insurances premiums. If pavment is more than 30 davs overdue, the Town shall �provide written notice to the emplovee that pavment has not been received and that covera�e will be dropped. The notice shall be mailed to the emplovee at least 15 davs before covera�e is to be dropped. If the Town pavs anv of the emplovee's share of non-�roup health plan premiums, the Town mav reauire the emplovee to reimburse the � � � � . Town for the emplovee's share. If covera�e is dropped, it shall be dropped retroactivelv to the date the unpaid premium pavment was due. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 38 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-7-16 No Break in Service KllY1 11�1 � �1 !'�!'�1 �.�'k11 �.� � ��.11Y1 ... �� .!'�� ..!� � ..T, T � �C'�.�1 �1 ,Cl�'1 � � l�� ,Clt� T, 7!1 �(1�'` �l�� 1 T, T.. ��(1tY1 llt� �� ... T � 7� � � �,f� �� 1'�ll�'1.� ,Cl� �"+�.;1 ['l.,il�. CX+I::+l.. �ii C�iC..L �l'CJ`1 [�.... � �'C..1 [......_�..[� ......._'i+ C.l+l��..l �i+l:J�i r�...... �1'l�l"l 1'1:,�..[ 'i+ 'C., '1:7�1 1 ['lJ`ll'1��..1 'V...... YV'l�i r+�.�11 r.��.... V V lli il7`�1., ...._� l..i� �:l''l.,i C�+�:� � ✓ 1 �77r7Y1lT 7YlTT 77Y1Y177� �ll7TTll Y1llrT7llYl !l� T�ll H��1 � �ll7TTll Y1llr7ll� 7Y1� TA77�� rllCi77Yl'1!l 77Y1llYl r��rr� T!l .\.il.il..11...` ...................C.11..`.....................l.il...`.............C.11\.i.......1t,C.l...V....t,.....................V.1...41V1� Vl 41�t, 1 1V1L1 1 1<,C.l V t, <,11V\.i ....... C.11�\.i .......... V .. V ... 111 ....... 1 .. t,�71.i11Lt,.........l.i .............. V1 .. ` ...... l ... t,.4 .. 1.i1 . 1 ... ` ........ lV � y r r r r ��Y� �;��?�y ��. ��The use of FMLA leave is not considered a break in service ��T�: ��for . . �� r� �-�� -I� r -��r i z�c��-� r� �r �r -��r r� � r�-� n� r� � -I-� �r> > r� � ��r� �-�i �- . . purposes of determining �:�� y 1 V1 V L,i7 411 � � �� - �� {JC.Il 41t,l �� u�� ,�� senlorltv or ✓ 1 . leave accrual rates. Section 4-7-17 Additional Leave A. If the emplovee is unable to perform the full essential functions of his or her position, with or without a reasonable accommodation, at the conclusion of the FMLA leave period or if the emplovee needs additional time to care f or a child, spouse or parent with a serious health condition or a covered servicemember with a serious iniurv or illness, the emplovee mav reauest administrative leave f or medical purposes pursuant to Policv 4-8. B. The Town mav require updated medical certifications to support the need for the additional leave. C. The Town is not obli�ated to �rant administrative leave f or medical purposes, but will review the reauest takin� into consideration the Town's operational needs and staffin� reauirements. Section 4-7-18 ��: �� --�-�� Return to Work A. Emplovees returnin� from FMLA leave �enerallv have the ri�ht to return to their same position or an eQuivalent position, with eauivalent pav, benefits and workin conditions at the conclusion of the leave, unless the emplovee inf orms the Town of an intent not to return f rom leave or the emplovee f ails to return f rom leave or continues on a leave af ter exhaustin� his or her FMLA leave entitlement in a 12-month period. B. �: 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. C. R. An employee on FMLA leave for the employee's own serious health condition shall provide a�� certification of fitness to return to work from a health care ir��in��-ir��r �-��- �-�� 4-v�r��tr�� 4-v��tr r�c��4-v�� -�� c�c��r��-i�� r�n�-i�r�c� �� ic� �r . rovl er 11 l\.i1t.C.l l.11 l l.1 lCi l, l.l ll., t,ll l �� . �� u �� u�� «. �� «. � u�� .��.� � ��u� � u� «. �� «� �� p � r y y �� x to the Human Resources Department prior to or immediately upon returning to work. If the emplovee does not provide the certif ication, the Town mav delav restorin� the emplovee to emplovment until the certification is provided. If anv work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assi�nments / li�ht dutv mav applv. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 39 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES (-' T Tx�,nx� rn��-�r � rr�, �r�x� -�'-+ � /�T � �,�r� �� Tn �-� n nxx� r�� n,� r,�r�n ,�� ► � � �+n xn��-�rn,� �-n�, �-�,n �n,�-an x��,nt Tn�n,� � n,r� ,�nri�x� �, � . 'l.J �:7'l.Jrl L 1'l.� Ll..il l[ 11'lJ`ii C 1 1`i'1L1 l 1'l�� 'V '1.�� l.i l+l., '1.�1111.7'1'l.Jr "V 'l;�l., �1 [C:CiI Ll'l� i'l��' IJIJ'1 +1.,� �C.+U' �i 11.� '1.,1111..1'1V "V 'l.,'G �' 'l:7rl 1�i1 L�1 1 1 ✓ 1 ✓ r��c�i�-i�r� �r -1-� �r� ��»izr��r��- r��c�i�-i�r� i,►ri-1-� ��»iiz��r�-1- r»zr ��r��i�-c� �r�� -I-� -1 �r� {✓ V �71 41 V 1 �� V 1 4 V C.11 � t, t.1 �.i 1 V C.11 t, l � 4 {J V �71 41 V 1 � V V 1 41 � t, t.1 �.i 1 V C.l l t, l � 4 {J C.l y� Ll t, l �t, l l 4�7 C.11 �\.i V 41 � t, l 4t,1 11 L�7 C.11 �\.i 1 1 1 1 1 ✓ ,,f'�.�� 1�..�...�...�..�.�'1l..�.......�1�.�......�,.�'� �..�k'1A.�..�.TA...�.�'� �..�C�.aY1A.�..... �.�� .�� :�.�� .�� .�� t�� t�.x t �.. D. �T� u; �? ��u ��u ; ��; u� � �u� �� ?�� A kev emplovee who has been notif ied that restoration to employment will cause substantial and grievous economic injury to the � ' �-�� 'T' l1TA7Y1 4-v»tr r��c�� -� r��r�c��-��-� n�r�-��r� ��tr r»�� c��r�� Town s operatlons, �� «. � � � � �� u �� u��. �� 1 t,ll li7LCi l.l. �.�� u�� «�� « r u�u, �u�u� ��u �«. ,r�� x� � ,c� � r,r�,r� � �x� ,r��r � ,n,r -�-,c� � ,n� ,� ,r� �-� �n �' �,� �, rx� � � � � -1- ra_� �-� �� r -1-�-t� ,r� n� x�-� x� � �,� r,�r� n� i x� �r �, r r i�_�-� r� ,rx �, � � i � ,r� r � ,c� r ti:;.t.Y.� ... . . ..�:;�1:,�.�....�Y C:x�:,Y ....+�� r+�.; � ��1.x�r Y....�..�� +�t� ..... ��:;...�l:;�Y..�. ... .�'�:�.. . +�:;�1:; v t.t�..�. . ...�. .�..� ..�.�.. �.�.� � .� � .� � .� � II II ' ' ' r7 �?�.!�.�-a.�..�?....!�.,�?...,� ........�.�.S.r.. ......,rax�r�xa�.�n�..��.�....�xl�.�.....�-�.�....k.,ra.!�.�?.,ra�k"l�.,�?... �,r�k...�.�rl�x��.z.�l.�k"l�.�x...�an�....x��.�l�?��ar.�.�-�.n,�k"l�.....,, ��.,ra......A...,ra��.r.x�....�'k�.�.�.,�?.�- � 4CLL�.i� CI� CI l�t, V t,ll l{J1V V l.l. CIl l\.i l,l lt, 1<,CI�Vl l� 1 V1 \.it,l l V 11 l� 1 V Ll 1 t,�7 4V1 CI41V1 l. 1 1 lt, 1 V V V 1 l 11 Cl.i�7L ✓ 1 ✓ ✓ J �� r�r�tri�n �-�n nrr�r��irnn � rn��r��-��n �r�r��r�->>r�i�r -1-� rn��rr� -1-� i�r�r�� -nr -I-�n r��-inn i� �.�.��' ......... ...... ..�..�'....�....�.'+�:ti.�..........�:�...�.�........�..�.�..�.. ..... .��:y... . ....�.�........�........�...� +r�� ...�+r�.�v'.�.�........�:y.. ...... ... ..... .�:y.�....�:..�.�...�.�..�... ..............�:�'........�...�...�:..�.�...�...�........�:�'..........'�.�....��...��........�.�...�.�..�...........��...��........�...��:y..��.,��.�........�.�. � � .� � � .� �� ; � u� u mav still reauest reinstatement at the end of the leave period. The Town shall then make a f inal determination as to whether reinstatement will �� u � �? �� , ^ i^� T 7^ r^�.; � a ,��, ^^w, r l r.T ",,, �1�',,,", Cal�Se Sl�bStalltlal a11C� �Y'leVOl�S eC01101Y11C 11111�Y'V �� «. ��.0 ��. r �.� ��u �� «. �.�� y �.�. �� «.� � , �c .F�_'r-, based on the f acts available at the time the emplovee requests restoration. �� !1� �� 1 Ci r� � r � �rr � r� � r] // �/!lT 7 llYYl 1'1� !1T 7!l!l 1 Ci r] Ci r] � r] r1 !l � !l� 1!Y1 �� !l llYYl 1'1� !1T 7!l!l T A 7� !1 1 Ci r] YYl llYl !Y �� !l Vl """"l,l 11�7 {J"C.11 C.l"�1 CL""{J1 l� """ CI ltt,"""V C,11 ["{J1V V l.l. 1�7 """""CI �CI1C.l11t,Gi t,11�1LJlt, t,ll l{J1V V t,t, V V 1 lV 1�7 C:111 lV1 l� l,l lt, 1 V 1 ✓ 1 ✓ 1 ✓ �,; ��, �� r �; a �„�, ��rn�r�-I- � � �,��,� �� , ��. �-� � �r,��,� ' �ain that �« �«.� � u�,� ��.� � t,l t,t,l � 4 Vl `L,IY 1 �� ,:�.�► �.�� r,: Y�� Y tI t e Town etermines a� substantial and rievous economic iniurv will result, the Town shall notifv the kev . . � emplovee in writin� of the denial of restoration Section 4-7-19 �� =�=� � Termination of Employment A. If an emplovee is unable to perform the full essential functions of his or her position, with or without a reasonable accommodation, at the conclusion of the FMLA leave and a reauest f or administrative leave f or medical purposes has been denied, or the emplovee has been unable to perform the full essential functions of his or her re�ular position, with or without a reasonable accommodation f or reater than 12 months in a 24-month eriod, the Town mav initiate separation of emplovment. For purposes of trackin� leave time, 12 months will be measured based on 2080 hours for full-time emplovees and �ro-rated f or part-time emplovees. B. °: If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. C. �. If an employee f ails to report to work at the conclusion of the FMLA leave period, and ir�.��rw��. �-�.� TllTA7Yl ir� T.A7r7+7.Y1lT �� • • as not �� «�� .� �� usu mltte a wrltten request to use ot er orms of leave, the employee is considered to have resigned. T��1T T! /1 _Q 1�/� A T�T? 1�TTTV/ A Tl�1T�TT�11�T/T� A T�T? 1�TTTV !1�/� A T�1 T� A 1T� 1 V Lit� 1 Z 1�'ii i i L1�1 � 1 1 1, 1 iL V1 1 iVl �, 1 l i i Litl � 1 1 1 �1�11 il � LLl i r L ��..�C� ...................�.�C-1A�.e�.��k'�....................�C-1A.�...................�..�..�..�k!.�l..�k'1A..�l....................�'�.�k!,fl�.�...�.�...�..,�)A.�...................�k"�G"1�...�..�,�)A.�' �k'�..�...�"�...�.....�....�..�..�C-1A.�'�.��..�t�.�'1l......�..�!''1l,..r�..��C�.�'`.�'1l..�..�T..T...................A....�..�....�.....��....................�.,�)A..�..�...z.�C�...................��t�...................�C�.�...�...,�fV�l.��..�, 1 1 Y 1`V V`V 1 1 V'1 lr' 1C:LY C.rY tC.l �.! 1'lJ V 1\:i�,� lY 1�X �.�1 Y L1 C. V/ C.L'�.i`lJ �.J l:l�l'1 C� �i:L i.�,l l rY l: V �1W 11 Y1 i 1��X `ii ��l' C,1Y�1�J'll:; 1 ✓ 1 ✓ � !l Yl'1 Yl � !lt T!l!l C� .., t,ll�{.11V V t 1 ✓ {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 40 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES [-1 . n.� �+ . .. �.��,.`.lV.�...�._V_..i .....�1Z V� CJ ✓ � ,�r� �nn � � � r -�,� � � � � � x� ,� x� � r �-m �-�i �-x�, n ,�r� �-x�, x� � ,n t r n,�r� ,� i� r�,,r� � � � � i r+ nr �-� � � �n, ,� n r� z � x� �rx a r� �, r+ a ra � �-i � � n � r � � � � � -�-� �r� �� +�xY+r�Y � c..��Y +r�� r�x �✓'+r�Y �,� �� +� �� v� _+�,�., �� r �+�.� �x�xY� r� cY �v�r�., ��.,Y v Y� r� �r � +r�� r �Y r�Y cY+r..�Y �., v +�x� �x+�x c.YVr � r��ri�� r�� -�rw�_�iw�i�-�� -�w�r��r�rtr �w�r��tr��o �r� ��i�ri�� r �/� 0 n ��tr� �o ��o�ri�� ir� {J t, l 1 V\.i� C.11 �\.i 4t,1 11 L 1111 LL 4t, \.i 4t,11 L{J V 1 C.l l y t, l l L{J 1 V V t t �7 C.l l t, t, ll � 1 LJ 1 t, 1 V 1 1 V 11 11 1 t, C.l V t, C.l �7 \.i t, �7 t, l 1 Ll t, \.i 11 � 1 1 ✓ 1 ✓ ��_�_�? �'l (l�� ,('�.T...... _�.Y �� x��. . ce„�-;,,r n_Q_� n,4,,,,,r�- .,� 1�/� A T� T e�,�Te V<.�.l�iVl[ Z i ill[V �.i1C{. Vl`" 1�'il il `"Lt.i.l V G F1;_,�,��,1� �,-.�,�1�,�T�� ,-.��t� �� +,�,� ,,,� +,� �'� ��7��-.1�� 11,� �T� 1�-�_��T� �,r.� �-1-,�� 1-�a,�+� ,�� ,��-,,,��-,,x, _�.� �. L11�1L1Y`l. l;ll LU'l�l' V l.,l,� 11 Li:L `V �J"l. �1 C.L1 Ll.l,'iX l.0 �.J' l.\J 1 L � V`l:;`l.l�� 1VY1 11 1�,�X `ii �, 1 V'1 �.111:, �J1Y �.Y L�l'1 C.L'�.i`CJ �.J l.l`VY t V'1 C:t 1 ✓ ✓ 1 1 !'��7�� t,1 �ll\.i. . �r� � af7 �" 1 _,A � ._,! �......�. �1�....�.__�ir. ■ ..._ 1...� �....._�� ..._� el'� � � � �'1_]A �A � �_�" �_�.. ■....._ �..� �.T �. l3' ... '�.J' . i:��l.: .... �1�� ..... � .. �'�►.'�1►.�Y��'�1.:� �i+�...�.'� �i4-v�r��tr��c� c�� r��ir�� -� ��c�� r�tr �nn��4-v��-�� r»i� ��tr� �-i4-v�� c�in�i tr�n��-i�r� r��rc��r�� Lll l 1V t,t,� �1 1Ci11 LJt,'" l l. 1.i11 l.l.i l.V 1.i�7t; "Cil l" C.11..t. 1.i1111.i1Ci l.t,\.i Cill.i 1l.C.l V l. l.11l ll. �71t,1t V C.II..C.I l.1Vl l l.1 i7V1 lC.l1 r y � y r � � �r �x��c-� �n�,w��-�,nx��ra�-�r�r�, ��-�+,��,�rxnr��-��r ��ri�-� �a�,t-�.x�xn�,�rn,,c� 1�/� /�, � �n��rn T-� t-�� ,�r��a�,tzn i_� nu��a�,a�,��-n� �,r �-� +��r�...��........�.�.�.�..�.. ..... .�.�...��.�...�.�� ...... ........ ........�.��...��..�.�...�...�.�...�..�:�.... ..............�.�....�..��...�........�.. ......... ..... .�...�....�....�..�........�..�..�.. J ..�....�....�...........�.�.......... ........�.�.�........��..�....�....,� J .........�.�........�.�.�..�.�..�.�...�.,� J ..�.......�,.�..........�.�. � � � � �� r] Yl llYYl 1'1 �!1T 7!l!l �!1!l Ci Yl !1� � r] T 7!l r] Yl T 7 r] !�l�1 1 YYl 1 1� r] �!l � 1'1 r] 1� �!l r] T 7!l � r] � r] Yl !�!l Ci �� !l llYYl 1'1 �!1T 7!l!l Ci � r] �� !l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cill t,lll{J1V V t,t, \.iVt,� 1lVL 1lCi V t, Cill V (.lt,t,l.illCl.ilClGt,\.i {JC:lll.i 1<,CI V t, LJCI1C.11lt.t,�� Lllt, t,lll{J1V V t,t, �11Ci11 LJt, 1 ✓ ✓ 1 1 ✓ �'1A� _�_�,fl� �... (l.�'1i... 11 �"1_1'1� !�_�_� _�_�._l�.._.A-� �_aCl�.� T T,LlA...... �::J`'Y�.:Y`'�.�1:;� '��:)`Y .. �.:� . � . Y . �:l' . �::�Y . �1:� .... � ., � Y1 ... � , �C:; . �.:� .. "V .. '�; � 1 1 �t�Af�,�f'�..�.�.,��A.�....�..�.�r,�m�. ....�...,14�.,�C'�.�.�..�.�,'.� ..�.�.�"....�.� �...�...�.....�''�.�..TAf# V<.�.�.iVl[ Z i�t.��,it.�{. 1V1 1�11 il LGGI V t. HYY1Y1 ��zrnnc� G��7�� G�11�YY1]� �� 1-� � n�irn rn�»nc�� ir� IA7Y`1+1Y1lY �!l +�l1 H]]YY17Y1 I� n��»rnn� T>nr»r� � . �Y .. � .... �� . .. +�:;�:; . �r ... �r�r+r;rx� ... �rti::t�:r�Y .. �� . +� ... � . v� . � . � ... xY ... ��:;t,t .. v .. +�:; �ti:; .. +��:y' ... �:Y��:; . Y .. Y .. �:r�Y�+r.xY .. � ... ��ti:;�+�.y�:r��:ti:;� Y::��:; � � ' � � � �'.�-t��r� ...�.�,rx�.�.n.,�.�-......��..��.�......a.x�n.�.�.�.,r�.,ra....��-�a,ca.....xa�..a.�.a-�.n.,��......�x�.,r�.. ...,r�r�.n�.�.�.,r�.�.-�-n�.�......,r�a.�..x�.�.�-a.,ra�......,ra�.....-�-�.n......�.,�.�.�r.,ca..... ��-�,r�......� ��.a.�-x�..�.xa l l lt, 1<, G1 l.i C, �7 l, �71 l(.l ll ll lt; l l.i \.i t, 41 l t, {J l.i l{J V� l. C ll ll.i l t, t.1 l.i t, �7 l,t, \.i l.i �.i 1 C I l,1 V l l V l Gl l t, lt, ( L V t, . l l lt, 1 1�.i 11 lC il l 1 1 1 1 T�n��rnn� T>nr��r�-rr�nr�-I- rr��ir rn�>>irn irnri-�in��-i�r� �� -1-�n r�nn� -��r �-�n �/� 0� �n�irn -�r�rr� � �.��..�.�..�.�...'+�:.�..� ..............�.�... ..... ..+�:�t.�....�:�.�...��.�...�.�:............�.�..�+r�... .................�...�.. ..... ...�.��...�................�....�..�...��..��.�...�� J .............�..�...,�,�.�...�............� � .� � �..�..�.��..�..�.�........�..�..�..�..��.......�..�..�.�.......�'�.��.�...z.�..�...�.�...... llt, t, l l� t, l.i 1 l t, C i l l,l l<, C I l t, {J 1 V V l l.i t, l. 1 co,,�-;��, �_Q_� r�o��,�-;��,��,;r. � 1�/I A i� T o�.�T �-� ��rr n r o�,�To V\.L.l�iVi< Z 1\t.iK{.iViL�71LiLJ V1 l�it 11 Lt.K V t. {.V 1 1�iLt 1 Lt.K V t. 1 o T� ��r o n„�;,�;1-,�„ ,,,-,.,,-,��t7,,,, ;� �� „�;,�;1-,�„ ��r ��rT o �„�t7„ ��r o n �„�t7„ �ra ��rT o �„�t7„ 1 1. 11 C.l 1V11 11 - <,11�1LJlt, t,llC{J1V V t,t, 1�7 C.l1�V 1.11�1LJlt, 1V1 1 1V1L1 l lt,(L V t,� 1V11 11 1<,CL V t, C:llll.i 1 1V1L1 1 1<,CI V t, 1 ✓ ��.!� �.�....1'`�.� �'11.:.: �C'?,(l�"t� �C'�11. �� T.T.:.: �Y"�CX�� Y' �iXY'r "�.`l7''Y'r'�:'�C:�Y �'L;'�'YY.Y "►�. � ✓ R �'irr�r� ��zrnnc� r�� n�icri��n - F�r �'i�/�T 0 � n�trn r��ir »c�n �/� O T� �n�irn � �i,►_znirnr i� � rn�� i� 7�'. .........�..�.Y.� ..��c:!�y '�;�1.,�.....�..��l.y'.�.....�l.,�Y. .. �ill'��1., ...��cJ'� ... � �1.,......Y��itx �:;��+1.,.....Y'V�1 .... ��C.,C.:� ... i� ... +1., ......�..��l.J� .........'�C.�ill' � ✓ � ✓ � � � lk�.(1�.� �l1��...��.lk'`..�l�k'�.��.....�i(l�lk'`. 14�..��'1�.�.k-l�.�.�.....�.......�,f��..11..��l�.�.�.,(� ��'`��4'1��....,�.....��...�....A-� .�..aCli,� �.�., �(l��li,flr,(l�.�k' 1lVl. �I.iCI1CI1l4t,t,l.i 1V1 1lVll 1 1V1L1 1 t,llC{J1V V l.1.�7 1t,G�.illllll� 11V111 Ci 1V11 11 1<,CI V t, Vl 1Vll�t,1 1 ✓ - 1-�.�r�...�n...n.� � nr�.�.�.r...�.�i r�... r.i ��.xx r �� .t,tY+�:,t ��x+r.xx ��x�.x�+ �. �' T� �,� ,�,,-w„-.1 �,� T�-.�, 1-,��-.�-�,�,�, �-. � �-.1, ,�� ,,1 �, -�,r.,� �T �T � 1 �-, � � T�-. � � 7�, � 1 �-. ,�-.x, 11, �f �, T� � �-. � � T�-,, �-1�, �-. �„-w„-.1 �,� T�-.�, ,�1-� � 1_l �. �� ,�� z �� c��i�n�- �-� �-�� 'i�/�T 0 ��tr� r�r�tric�i�r�c� �� -�ic� �'��r��-�r �.11. �l.i�.l�l.t.l, l.V l.11t, 1 1V1L1 1 1<,CI V C, {J1V V 1�1V11�7 V1 Glll� `.1lCi{JGt,l. 1 1 L'on�-��r� /�_Q_� �/��1-o��r�no �� Ro�o��-�+ Tl��r�r.� 1�/I A 1� I o��To V\.L.l�iVi< Z V l�iKil<{.L.1LKILL.L. V1 Lt.l<t.li{.�7 L\.ilil<� l�il 11 Lt.K V t. � 7 • ..[.....�..�'..�l..�l�..�l�lk�..........�..�k 1�.�.........�..�..�'.�.........�..,G�l�.�l..�....T...�.......�..�...�l..�..�........lk�..�l�.�........�..�'.�'.11..11..� 1� 1�.1l..1l..�...�..��.......�..1l..1l..�`.11..�k 1�..�l1�.......�..�.....�....�........�..�C�..�.T..T,G� .............�..,��,�.A�...T...�.�....T...�.�' .............��..�.......lk'!,Gl�lk'�Cl�...�..1l.lk�..�..�C�.�`.......,Gl�.� V CI<.CI 1.1V1 l CIl ll.i �71t,1t 1<,CI V t, �1 lCill 1 lV l. Cit.t. 1.i111C.i1Ci GC, l.i �.il ll l� 1V11 11 1<,CI V t,� 1 lV V V t, V C,1 � 41 lt, l t,ll CCIll l\.it,l Vl TllIA7Y1_YlY`llIT1�ll� llYl'1Y1 �nr�n-�i � �7�� n�r�-l-ir»�n TAT7'��l111'� ir�� ]]Y`1Y1lY �� 1-� � n�irn Y..+�.y.�.+v..x.r.�. .. i .... x+�y ...�:;+�., ��:;t�+�:;itr:�+ Yr:tY+�.y+�x ....... Y�YZ ... �Y ..... �'�;+C;r .. +v .. +�:;; � :; � � _ . �, .; . , . � {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 41 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4-8 �'�� =� ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4 -8-1 ��^�-� �� n-A�-� Eligibility ��.�� .��u�u�The provisions of this policv applv to all re�ular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term . 4-�-��tr r��o�- ��4-�-��r»o�-r��tr� ��tr� �o ��o�r�� r� �-��c� - llrruted temporary employees �� uy ��: �. C.l\.ill L11 �1�7 41 C.141 V t, 1L,C.l V L, C.1�7 \.it,i7t,11LJt,\.i 11 � 41 �1i7 Y1l��.� �(''T 7 r..l"l7` il'L, 'V . � 1 ./ T r� �-�– �� c� � �� 4-�-� i r� i c� - I-r � z r � � � � i z� �^ �-5r ...........................�l...�k'ar�..al1�.�..�("1n.T�..z�lA�lA.�.........�.�...�..�..�.. ��("1n........�..�A..7.�r1�.�''.�,�.........�t.�("ln.�'.........�.lk"�..�rl�.��..�(l��k!.......�lA.�k'ar�..al1�.�..�("ln�..z.�(l��k!........al.�("ln.��..�l,.�'........�-�...�..� 1�. Li • lJYI Y r.JYV'� �,\.,�' �1 rC.Lll 1 �V 4 1.i�7t, C.l\.ill L11 �1�7 41 C.l 41 V t, 1L,C.l V t, Y,`V W V V'1 Y'� Y'lJ1 C.tY L`V C.1 1`l.Y �,lY L Lll`V V `l.Y i`lJ Y.1 11.,1 i.Y Li.il Y 1 1 ✓ \ -I-� T T r�i-I-�� '�-��-�c� �rw�� rn�c� �_ �r �-� �-��rc�� a��-� �w�r��zrw��r�-1- 41 �� V 1 �1 41., \.i V 4C.1 4t, �7 C.l l l l<t, \.i 1 V 1 t, t, i7 / V 1 4 V {✓ l.i 1 �7 �.i t, �7 t,11 t, l l<{J 1 V V l l<t,1 � 4• / 1 1 ✓ �' �irhr��iz��c� c�� v��»c�-1- �� nnr�� zr� ��r�n�c� ir�n�»�ir��r iz�n� r��rc��r»� �r�� `. • L 11 L{J 1 V V t t �7 �71 � C.l ll t, J\1 � C.l �.i �7 4 C.l ll C.l t, t, l�.i t, \.i lt, C.l V t, Ll C.l l C.11 �t, t, �7 � 11 �t, l�.i \.i ll �� V C.lt, C.l 41 V 1 �� {J t, l �7 V 1 �C.l l C.11 �\.i 1 ✓ 1 ,(�.� a� lk''�r"1A..� '�. �(l�lk'1ti..A�...�..��("� lk`.T�...� ..................�.. �(l�.!'�l..�...�.�'a,...................�..al 1l..�.........................1l..�...................�.lk'1A.al"1�.�..1l..�..r�.��..�'a,........................�.1l..�.�..................�.. �C�..r�.T..T �)A.......................� �C�.� �("� lk`. �C�..................�.�'a,,(�.� a� lk''�r"1A..�..al 1l.. �(]�................. �C�.�..�... �(]��Il..�.�.. �(1�..................��C"1�.�' �.��Y ��..� �� .�� y ��.� � .. �� r�, �� .��.., ��. ��.� � �., ��:x�� .�:�Y� rx� r� �.��x.. �.�� 4-�-�ir�ic��-r��-iiz� ��zr� C.l \.i l l L11 �1 �7 41 C.l 41 V t, 1 L, C.l V t, . L' nn�-� �r� /� _A_7 n nn�� n��- ��r l� +�:: �: �: ��:1r.�.�... "�,�.�,,.�.�...... ��:; v►� �x'�:: �.....� '�:1+� Section 4-8-2 Administrative Leave �i4-v�r��tr��c� c�� c��4-v�i�- TA7r1��llYl r��c��-c� ��r ��4-v�ir�ic��-r��-itr� ��tr� �-� �-��ir ��r»r�-4-v��r��- u�� Llll{J1V V t,t,� �1lCill ��.iLJ11LLl, VV 11Gl,t,ll 1<,G1 �.it,�4�7 1Vl CI\.illLLlll�GlCll,l V t, 1<,CLV t, GV l.11t,ll Lt,{JCLl 411Ct,1ll, 1 1C,CI\.i. 1 ✓ 1 1 l �_,LlA I.......I.aCI��'1A_�1'`��'\'1iaCl��'71_'� �,(l�._� ��_�._� 1'`,(l�T�,f]��A7....._��aCl�...... 1'`,(l�G"��._,LlA�� ......_�'�'1�._�!_�r,(lA.........�! ._1'`,(lA�C'�,(l.�'�'1�_�"1A'1,(lA�'1i.��_'��,(l�'71 ,(]nt �!1'1�1'1�1'`,CIn�T_�._� ,(l.1'` Y..Yr`l; ....� .. CX�"r:�'Y'�'�L;Yr�C.....Y ... Y . '�; . 'Cj .. �'L; .. 'C� . +Y ....... r.�.Y . +IJ ... �..'�; .. .ti::t'l:;i��:.......Y'�'r'��"l'1.;......�X......Y.�l:;'�:''V"�Y"��Y��I:;Y..��:�tii::�'�.��l:y'�..� ...� .... �.}. ' �.l" '�..i � l:; l:; � 1 1 1 ��r�i�� r�� rT�7�r � �-�� r��c��- �-� �-�� u��4-v»r� ��c��rn�c� Tlir�n� 'T'�� u��4-v»r� ��c��rn�c� \.it;l"l1C.11 " Cil l\.i 1 V1 V V CI1 C.i l,l"lt, l t, l,it,i7L l,V l.l lt, 1 1�.i11 CCil C 1\<,�V 1.i1 t,t,�7 L11 t,t, 4Vl . l l lt," l l l.ill [Cil l i\<,i7V l.il t;t,i7 � � � r �n, �+�-n�, r _,�c� � ra, � � r �n,� ra n�r e r �-� �n, r n, �,� � ,�r� ac� �- w� � �.r n � � n,r�,r�, w� w+, n r� ,c� ra �-� �,�-�+, � � ra, x� � r,n,t r �, � ,n, r .r-� ,�r�r�.a � � ra r� ,r-� .�..�.�..� � �:�:y.� ................�.�..� ...... ...�.�..�..�:...................�.�..�+r��..............�..............�..�'+�:�:y.�.�..��.�...��.�...�.'+�:ti.�...�.��'.�...�.............��...............+�:�t.. ......... ..... .�...�:y...�....�.�.............�:y.�...............�.�.�...��+�:�t.�.............�.�...�� -��ri�z�r �-�� r��c�-1- -I-� �-�� 'T'�i,►rr� �/��r��r�r �r ��c�i�rr�� 'T'�� niai�r� �� -�� Tl1TATY1 �/��r��r�r �r 1 V1 ..... V . V .... C.11 ... \.i ........ 41 �t,......1 .N..............l.it,�7..4......4V........41 �t,..........1....V...V.V...1..`......1 V 1C.11 �C.l ............. t,1 ........ V1 ........ \.it,�71 ............ 1 ... �t,t,.�...... 1 1 �t, \.it,t.1�71V1 � Vl 41 �t, 1 V V V 1 � 1 V 1C.11...`u.............�1........V.1. 1 � � � �..�C�.�..�...af']�� 1�..�l,.�l,.........�.�...�..�..�..........�.�l,.........��..�'1A..!�l..� ................�..�C�.�C�II..�...�...�l,.�..��.........�.�.�.�..�..�.........�,(1�........�'`.�C�.�...7.�l..�l,�.�.�,�)A.�..........�.�..�.,(1��..........�CIA� 1�...........�..........�'1A.�l..�l..�'�C'�.��C�.�'`.........��.........�.!�l..�.��.�'`.�...............�..�'1A.aC�.�..�...�...�...�..�'�..R� \.i�,�l�l Yl,l., �'1 L�XlI L>l, 111 LC.rY. 1'\�,�.i l.Cl.,�i:� W V 111 �J"l. l�, V ll., V`V \.,\:i Ll'C:t�"l.�l:i V'l Y C.L 1 Ll.L1Y 1�1�,1 \Jl 1C:r�. �.�7'1 �� 11 L�.1l.C'iX1Y L� 1 T�i,►rr� �r��r��-i�r�� r��c� �r�� a�-��-�ir�cr r��ir�w��r��-a 'T'�� r�i�� r��»�c��- ��r ��w�ir�ic�-I-r�-I-ii7� 1 V V V 1 � V t, l C.l 11 V 1 �C.11 l �t, t, \.i �7 C.11 �\.i �7 4C.11111 � 1 t, �.i ll t, l l Lt, l � 4�7 • 1 1 � t, \.i t,1 �1C.11 V 1 C.l l t, �.i t, �7 4 1 V 1 C.l \.i l l<ll �1 �7 41 C.l 41 V t., r � � � ��-,��,� ,�� -��- ��,��,�,��- -�-,� �,�,�,�,��-�� a,�-��,�,�. �-�� ,�,��,�.�,�-��,�,��a �,{-,�-a�-,�,� ,�.��,�� .,��-,��a��.�-,��, ��- -��,�.�-� a�, ��...�..� �, �.. �� -�,.� r. � ��..� r. �.� �� x t��..� r.� ��:. �..� ��.:�� .� _��. �x�� .: � �.. �� x �..��..�,.��.�� :, r. x�..�� Y � �� r �'��r�-1-�r ^ri_ �-� �-��c�� n�rc��r�r�� n��i�i�c� �r�� nr��r�c� `.1 � C.l {J l t,1 V V l 41 � t, �7 t, 1 t, l �7 V 1 �l �t, l 1 V llt, l t, �7 C.11 �\.i 1 1 V t. t, \.i l.i l t, �7 1 L'nn�-��r� /1_A_'.2 A� rr��r�i�� - r�� - �i_zn T n��rn iwr��l-� n�ir .�,.�.�...�..�.�.�..�......,��..��.�............�....�.�.�.�.�.�..�..�.�..�,..�.�...�..�.�...�....,�.........�.,�..�...�...�.........�.�....�..�.�..�.......�.......�. t ,,... �.�.,G�.......�.�l��.A�...T..�k'�.........�..�..�.�k'�...�...�l1��C�.�`........�k'1� �...�..�...�........�l..�'�.�.�k'!,��,.�....T...�........�l.�k'�..........�..�..�1� 1�.�l..�k 1�.�l..�'..��`..�..��l.T..T,G�.......�..�..�..�...�.�C�.......�.�,..T.�..��.........�..�l.T..T.......�,Gl�.�`.........�..�k 1�.......,G�.�..�...�.�..��..,G�.......�C�.�'1� 1�.� �.�..,Gl�.�....T...�,G� 1 l lt, 1 V V V l l 1V1CIl l(.l�t,l 111Ci V CI{J {J1 V V t, (.11 l C.l\.i11LL111�71,1 Cil,1 V t, 1<,CI V t, V V 1411 {JCL V 1V1 Cil l<,11�1LJlt, t,lll{J1V V l.t, ✓ 1 1 1 ✓ 1 ✓ �.� � �k! .............r�..............��l..1�l. �)A.�..............�!''�,. �C�.�k`.�l..� �.�..............�C"lA.�............��1l..� 'ar�.. �C�.............�..�A..7.�. �)A�k'1t�..............�.�l..�l..,�'�.�..............!'�l..�...� 'ar�..�..�k '�..�...�.�.�' ..�..�.�..�...�.,fl�............�..�'a,..�..�...z. �C�.............�...�.............�.�C"lA�k '�..�..�...�..,fl��k`. �C�.�.............��..�.............�-�.. �C�.............�.� ��. �..7�k'1t�. 1 V'1 i.L llJ't\:;\.i ��,11V'l.� V'1 Y.Y111�, W V 11�,1 Y �' l:Ll..l L C.r�.Lll L11 11� �Y �X �.Y `V `l. 11.,C:L V�, 1�' `t.`VY l�l�i`l.l �;\.i �' `V l.l Y�, 1\J V`P l Y ✓ �/��r»cr�r �-� �� ir� -I-�� c�-I- ir��-�r�c�-I-c� �� -�� ' l1TATYl 1 V 1C.11 �C.l�t,1 4V LJt, 11 � 41 �L, L1��7 4 11 � 4<,1 L,�7 4i7 V1 41 �t, 1 V V V 1 �. ��,�-�,�,� n.��n ,� �,��,��-�,��-��r,� �r ��,�T� ,��7��-��- n� � for Medical Purnoses ��:.�.:�.�� Y��.��.� � r►.. ��,:.� � �.: �� .�-��. � � � Yl T 7 r!l !Y1 1� r] r t1 1�� '1 YYl !l llYYl 1'1 �!1T 7!l!l T A 7� !1 � r] Ci !�llYYl 1'1� !l�ll � llYl !l T 7!l r] r !lt llYVl 1'1� !1T 7YVl llYl � T A 71 �� !l A . 1 lll 1"t, �.i1C.11" ll.ill GlllCt," t,llC 1V l.l. V`V1lV 1lC.l� <.VllC 1<,Lt,l.i" Vllt, <,C.11" Vl" t,ll"l 1V lllt;lli. VV`"ll,ll" 411t, y� r y r y r y �' � �r �, rr� w+, � � r ,v� n nr � ,� n � �- � r� � .r-� x� a ra � ,�. �-� � �-a t r,�r� � n ra, � r �n, � ,� 7 i -�-�+ n,a ,� �- �-�, ra � z �n,r r+ n,r+ w� n �c-� � � � � �-�,� a r x�,n, � �ci, � -�,n, r � �..�'..� � �..r... �� r+r:� �..�., ..... ..�::�� Y. �::Y r:�c��Y ��Y r�� .� �::r� �v .�.. �'�;+r;�r �r �..... �.�...�..�.x �� ..� r. ....... .. �..�... ..... Y �Y Y ��...�,.�� '+�:�+�;��+�:�� ... .... ..ti..t.�... .... �.�+�+�:,�.....�..+�.y�......+t:�r .� � � .� � � 1'1 !l r 1!1 � Yl !1 ��!1 !l V!� !l !l � Q I 1 r] �!l Yl � r] r� r] T 7 Ci I Yl r!l T 71 !lT A 71 Y1 !Y �� !l �!l r] T 7!l r!l !"11 1!l Ci � �� !l 1!1 T A 7Y1 �� r] Yl r] !Y!l r <;11V\.i 1 lV l. l.V t,ltl..t,t,\.i J V l..Cilt,l"l\.iC.11 \.iCi �`. ll l 1<, V 1<; V"V ll l l,l lt, 1<,C.l V t, 1 t, �.it,V 4 411t, 1 V V V l l 1V1CIl l(.l t,l" Y J' � `� � � {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 42 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �r ��n,�i�rxx�,�r�n o�� r�c�i��r �-�n iw�r»��- �-� T��rerx� n�,x�nx� �r�tr r��-�r��-i�� r��i�- �-� �-�� 'V' 1 'l.l'l, � 1� 1 L�l., �1., �71 � C.11l <. V l ��71 \.i t, l 41 � t, 111 L{J C.l t. 4 4 V l'lJ' "V 'V l 1 V 1..! �1., l� l.l �lJ` 1�� C.11 � y {J V 4t,1 � 41C.11 LJ t, l �t,11 4 4 V 41 � t, 1 1 ✓ 1 'T'��rr� �r�� -� r�n�rhr��r� �-� -1-�� n�r��r�-r��r��- u�� r�� -1-�� u��r��r� � �c��>>rn�c� 1 V V V 1 � C.l l �\.i 41 � t, 1 L, <, V 11 Ll l Lt, l �\.i C.l 41 V 1 � V l 41 � t, L t, {J C.l l 411 Lt, l � 4 1 1 L, C.l \.i C.11 �\.i 41 � t, 1 1�.i l l LC.I l � 1\ L, �7 V l.i l t, t, �7 1 �� ible emplovees who are either not eli�ible for FMLA leave or who have �..� Y� �..�. �� . ' 1 exhausted the FMLA leave period mav reQuest administrative leave f or medical purposes f or anv of the reasons that are listed in Section 4-7-1(A� throu�h (E� of these Personnel Policies and Procedures. Em lo ees mav not use administrative leave f or medical purposes f or exi�encies related to the active dutv or call to active dutv of a covered militarv member� as defined in the FMLA and the NDAA. B. Eli�ible emplovees shall submit a written reauest f or administrative leave f or medical �.. � �a �urposes to the Human Resources Department at least 30 davs in advance of f oreseeable events. C. Eli�ible emplovees shall submit a written reauest f or administrative leave f or medical �.. � �a purposes to the Human Resources Department as soon as practicable f or unf oreseeable events or within no more than two workin� davs af ter learnin of the unf oreseen need f or administrative leave f or medical purposes. An emplovee reauestin� unf oreseen administrative leave f or medical purposes has the obli�ation to complv with the Town s re�ular attendance and reportin� reauirements. � � � � D. Reauests f or administrative leave f or medical purposes must be accompanied bv a medical certif ication f rom a health care provider documentin� the medical necessitv f or and expected duration of the leave. E. The Human Resources Department shall review the reQuest f or administrative leave f or medical purposes with the emplovee's Department Head and General Mana�er, where applicable. In considerin� the leave request, the Town shall consider the impact to the Town's operations and staffin� reQuirements. F. �. ^ � y �: ��?�� .��i� �� ?�y �: �� ? �: �� ? �� 1�1�,�� rT o ��u � � �� 7Ci 11V�777Ci+ll� +�ll H��T � �ll7TTll Y1llr7ll� Yl'17TT r!ll177llCi+ 7Yl 7�Y1'17Y17Ci+r7�TTll �ll7TTll TA77+�l177+ Y17TT 1 � C.l V L, J\1 � C.l �.i �7 4t, \.i 41 � t, 1 1 V 1 L 1 1 1 L, C.l V t, {J <,1 1 V\.i 11 LC.I y 1 t, t.1 �.i t, �7 4 C.11 � C.l'\.i l l<ll �1 �7 41 C.l 41 V t, 1 L, C.l V t, V V 141 � V l.i 4 {✓ C.l V 1 ✓ 1 1 ✓ ��r 4-v��in�� r»�rr��c��c� ��c�� r ��4-v�ir�ic�� tr� TA71�� r»tr ��r 4-v��in�� 1 Vl`" 11""ll.l.ilt.Ci1" l.il V�1.�7. 1\l., l.il.�7l.� 1 Vl C.l\.ill lll ll� l.l C.l"l.l V l. 1l.Ci V l. V"V ll.l"lV l.i l. CI 1 Vl 11 ll.l.ilt.Ci1 r r � r y r»�rr��c��c� 4-v��c��- �� nn�4-�-�r»r�i�� tr � 4-�-��in�� n�r�-i�in��-i�r� �r�4-v� � ��,r�n�x��,n_� ��-� n�r� r .�� r ��..� �� .�� . u�.�.�� «.�,� � y u �� .�,��.u� �..�� .0 �� u x��:�:x r��:� ��..u� �� .u�.� r�r�tri��r ��n��4-v��r��-ir��r �-�� 4-v��in�� r��n�c�c�i�r ��r �r�� vr��n�-�� r��-i�r� �� -�� tr� �'�� Y 1 V V 1C.it,1 \.iVC.l.illlt,ll4111� 411t, 111t,1.ilt,Ci1 1lt,t,t,��711, V 1Vl Clll\.i t,lt{Jt,t,Gt,\.i \.il.ilCI41V11 Vl Gllt, 1<,CI V t,. "111C, ✓ 1 T� �� The Human Resources Department, in consultation with the Department Head and General Mana�er, where applicable may grant administrative leave � � � �� u � �� -f or medical purposes in increments of up to ��x �� 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,l2 months will be measured based on 2080 hours f or full-time employees and pro-rated f or part-time employees. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 43 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-8-3 Administrative Leave f or Non-Medical Purnoses A. Eli�ible emplovees who have completed one vear of continuous emplovment with the Town mav reauest administrative leave f or non-medical purposes, such as a sabbatical. Emplovees shall not use administrative leave for non-medical purposes to work for another emplover or to pursue self-emplovment. B. Eli�ible emplovees shall submit a written reauest f or administrative leave f or non-medical purposes to their Department Head at least 30 davs prior to the start of the reauested leave. H Yl'1 Y1 �!lT T!1!1 Ci T A 7� !l � 7 T T!1 �!1llYl !Tr 7 Yl +!l � 7� Yl'17 Yl 7 Ci +r 7+7 T T!1 �!17 T T!1 T A 77 +� !l7 7+ Y1 7 T T Ci � 7�� Yl !l+ 7!�!� r7 7!1 7 Yl T T C • L 11 ` 1 V <, <, �7 V V 1`V 1 � C.l V t, �J t., t,1 ` 1 C.11 � 4t, \.i C.l \.i 11 111 �1 �7 41 C.l 41 V t, 1 t, C.l V t, V V 1 11 � V l.i 4 C.l �71 � C.111 1`V l C.l L L 1 l.i t, C.11 ` . r y � r y y T T �_,('' �! �1_(1��......_��'`...._��_,C1A7'` �'lA � l_� � aCl�_� T, T�fl�. �17']i 1� �fl� ....._� 7'1� �.. L'�._!� � �......_7'1� ��. �'`�,f'' �l T..T,(1A �'lA � l �. �._�'lt'1,(1A....._(l�tt......_t�(l��'`...... l ,(l�� A� T�.. _ �! 1'1� 7'1� �'`�� T �(1 �. V�XI..C.r Y.YV'1 Y V"1 l.J" l.l t�,l L1C.L1�:L 1i�C.L V`l:; Y.YlI L`l. C:LI L� �1 rC.LY1 1 LV" � 1 l,l.:l.,l ��, �.J'i.il'iX l.lYl r�, `llll 1 VY 1`V i' V 1 Y"` C.L �.J �.! 1`l7 V 1.,�:L 1 1 1 1 �� -�� T� �� The Department Head shall review the Y ��x�� xx r� r:� ��:: �� x� Y�:.� � �.. �,.�� ..� r�.�... request f or administrative leave f or non-medical purposes with the General Mana�er, where applicable, and the Human Resources Department. The Department Head, General Mana er, where applicable, and the Human Resources Department shall make a recommendation to the Town Mana�er re�ardin� the reQuest for administrative leave for non-medical purposes. In considerin� the leave reQuest, the Town Mana�er, or desi�nee, � � � � � shall consider the impact to the Town's operations and staffin� reQuirements, as well as c anv potential benefit to the Town resultin� from the emplovee's leave. H YYl 1'1 �!1 T 7!l !l Ci T A 7� !1 r] r!l llYl r] � YYl 1 Yl 1 Ci �r r] �1 T 7!l �!l r] T 7!l T A 71 �� !11 1� 1'1 r] T 7 YYl r] T 7 Yl !1 ��!l !l � 1!Y1 ��!l t!1 r r] r!l !Y1 1� r] r D . Lll l 1V <,<,� V"V 1 lV C.11"t, Vl l C.lC.ill Cll lli7"l,1 C.l l,1 V L lt,(.l V t, " V V 1L1 lV l.i l. CL ll l(.l 1`lV l. L11., t,11 iLJlt, 1 V1 C.l i t, l.i1C.11 r y r y y � � � r+, r+ �� 1 r,,r� t r i� n� � r �, � i�,� r�„ci,r -�,n, r w� ra, r+ � n r� � x �n�, r� x� ra, �� n�, n��-n � �� i��-w+, nr+, �- i�-�+, x� �� z � ��-�+, �-� �#-�-► n �.�...��...�.�.�.�...........�...�....�....�.�...�.� ..............�'.�............. .�'..�............. ..... �..�..�..�:y.�...�.�..�+r��...��.�...........�...�.��.............�..�:y.�..............+�:�t�...�...........+�:�t��:y�.�.�...�.�..'�:�...........+�.�. ...�.�..��.�...�,�.�...�..,�..........�.�...�............ ........�.... .................�.�...�..�.�.�............,��...��. � � � � � r��r��r4-v��r�n� �tr��-i�r� r]YlY11T7llrCir]rT7 i4-v�4-v��i��-��tr �� l1TA71Y1lY �-�� r��rr� �-� �n�-itr� Y t,llVllll(.11lt, t, V CI1�.iCiGlVll CilLLl1 V<,1�CI1 V 111LL1Ct,\.i1CIGt,1 V 1V11V VV lll� l,llt, lt,l,l.illl 4V Cit.l.l V t, ✓ ✓ ��?�y �; ��.The Town Mana ^ er mav rant administrative leave for non-medical urposes in anv increment, f or a maximum of up to 90 total davs of leave. �' �'w�r��iz��c� �r� �� 4-�-�ir�ic�-I-r��-iir� ��zr� TAT7+�l111+ r»zr w»zr ��n�- �-� n�r�-I-ir�»� �rr�»r� ir�c�»r�r�n� L• L 11 L{J 1 V V t t �7 V 1 � C.l \.i l l Lll �l �7 41 C.l 41 V t, 1 t, C.l V t, V V 141 � V l.i 4 {✓ C.l V 11 LC.I y t, l t, t, 4 4 V t. V 1 � 411 ��.i t, � 1 V l.i {✓ 11 ��7 �.i 1 C.11 �t, t, 1 ✓ 1 ✓ ✓ 1 T T / / ,,f'�.� ��...�.,fl��k!.!�l..R�,�)A ...............�--A..�.�..RA..7.�C�.�...z.�C�.�k`..............��.,�)A.......,�lA]k'1A 1�..�.�..�CIA�..�.,fl��,fl�.......�k'1� 1�.�..�...�..�.......�,fl�.!�l..aV .......��.��.........��.,�)A........��.�..RA..7.a11A........�..........�..aY1A..�.........��..�C�........�C�.�'� �..�k'1A.�..�.TA...�.�,.�,........�.........�.�...�..�' ,�)A `�l. V' 'V `l. l C:L ��; . 1 Y V W V�, V�:;1 � ll t�, '�C, l Y L Ll l`V V`l. `l: Y l C r:L �7� l. �J"l. C:l l �l �.J �.1 [ C.1 L l., 1 V W V 1 r ��XY t�:i l.Y 1�, �; l l 1 l! 1`V V l, l., ��1 Y C.t Y l:; 1 ✓ 1 ✓ �-� -1-�� n�c��- �� -�� r�r�w�i>>w�n n�izw��r�-1- w�>>c��- �� c�>>�w�i�-�-�� -� -I-�� 'ir��r�n� n�r��r-I-w��r��- �i_z V1 41 �L, <. V �7 4 V1 41 �L, 1 L,11 L1 1.i11 Li7. 1 C.l ll <t,1 � 4 11 Ll.ii7 4 LJt, �7 l.i LJll <1 4 4t, \.i 4V 41 �L, 1 11 �C.11 �t,t, L t, C.11 411 <t,l � l lJ r y r y ��-��....i.��':...� -��...�+i+� ��...��-�� .. � ��,.. �.x��.� �;iY v� r Yi �i �,+i i �v +� Y + r�+� . Section 4-8-4 Comnensation A. Administrative leave f or medical or non-medical purposes mav be paid or unpaid, as described in this section. B. The Town reauires emplovees to use anv accrued paid leave balances concurrentiv with approved administrative leave to the extent necessarv f or the emplovee to cover pavment of the emplovee's share of anv insurance premiums. The emplovee mav choose to use onlv the amount of paid leave necessarv to cover the cost of the insurance premiums and to save other accrued leave balances for future use, or the emplovee mav choose to use accrued paid leave balances to cover his or her full salarv. The use of paid leave time is subiect to the leave policies set forth in this chapter. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 44 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. If an emplovee does not have anv accrued paid leave balances or exhausts all paid leave, the emplovee shall be placed on unpaid administrative leave. Section 4-8-5 Town-Assi�ned Administrative Leave A. A Department Head, General Mana�er or the Human Resources Department mav,, with the approval of the Human Resources Director, assi n an emplovee to administrative leave with pav for a specific non disciplinarv reason or purpose, such as pendin� the results of a f itness-f or-dutv examination. B. When an emplovee is assi�ned to administrative leave pursuant to this section, anv documentation placed in the emplovee's official personnel file shall specificallv note that the administrative leave is f or non-disciplinarv reasons. C. Town-assi�ned administrative leave shall ordinarilv not exceed 21 calendar davs. The Human Resources De artment mav authorize an extension in extenuatin� circumstances. Section 4-8-6 Maintenance of Benefits A. An emplovee who is on paid administrative leave via the use of accrued leave balances shall continue to pav his or her share of anv �roup health plan and other insurance premiums throu h pavroll deductions. B. An emplovee who is on unpaid administrative leave must pav both the emplovee's and the Town's share of anv c roup health plan and other insurance premiums in order to maintain covera�e. The emplovee must make pavment arran�ements with the Human Resources and Finance Departments. If pavment is more than 30 davs overdue, the Town shall provide written notice to the emplovee that pavment has not been received and that covera�e will be dropped. The notice shall be mailed to the emplovee at least 15 davs bef ore covera e is to be dropped. If the Town pavs anv of the emplovee's or the Town's share of �roup health plan or other premiums in order to maintain covera�e, the Town mav re uire the em lovee to reimburse the Town. If covera e is dro ed, it shall be dropped retroactivelv to the date the unpaid premium pavment was due and the �rovisions of the f ederal COBRA law shall applv. Section 4-8-7 ��^�� A�� Return to Work � ..........................�l...�k'1� �..�'�.�..,��,T..T,(1�,(1�.�.'.......�.A�...T..�..�1�........�..�k'!�1�.......afl��k'!.�l..�k 1�.�,(1�.�..........�..�..�k'lK'1�..�..� 1�..�...�?..�.�k' ..�..�.�..�...�.�C�.......�..�C�..�.T..T�I�......�.�,..T.�..��..�l��f..�l..�.......�'�..�..�....T.........a�..�...�l..�..�........�k'!�1��...�...�k' �k'�........�,Gl�.......�.�,..T,GI�.�`.�........�...�...�'�,Gl�.� lll. 1 1. Lll l{J1V V t,t,� V V 1 lV CIl t, �1 Cil ll,t,\.i Cil.ill Cll 11�7 Gl CI Gl V t, 1<,C.l V t, V V 1G1 lV l.i l. {JCI V �1 l(.11l l t, 4�.i11 l l,V V V V11� l.i {JVl l 1 ✓ 1 ✓ 1 n�rr�r��n � t +�ll � n�trn r�nri� � Y1 llYl'1Y1 i�r �l1 t71�G� �!1 rn��rr� +!1 ZA7llY`�! llY1 +�l1 � 7�l1 'l:''t:J"� �1:; .. '�;�Y�l:y'�......t ... lY .. � .... '1.,�.Y . � ... . �'C:l ... �1:;'1.; �'l: r � , l., l., � i � n�r� c�i � nrn� �-� �xa�r�n.�.��.n��...�.x�....-�-�-a.�...�.�.�.�.z�r�....,rn�,n.�..a.,�.�.-k...�.n.r..�.��-a.,ra�.a.-�-..,rn�,r�.,r��.�..z�x�..,nr....�x� ..�r�.u.-�-n�x�.�a.,ra�...�.�-�....�.,r�.�..z.�.x��-�.,ra �{Jt,t,lllt,l.i 11 l l,l lt, lt,(.l V t, 1<,G1 l.it,�7l, YV 141 lV l.i G 1<,t,t,1 V 11 l� Cil l<,lt 4t,1 1�71V1 l ll l CI\.i V Cil lt,t, 1�7 t,Vl l�l\.it,l t,\.i 4V 1 1 ��trn rn�icrr�� i �u v �, r�,�i�i ��u. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 45 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES � �x�-ar��n,�r�n,n� �rer�� raxn �rxr�r��-n� �,r�w�i�x�i��-�-x�-�-i��rn �n�,�r�n, �rnr�-�-�-�,��- �-�,ratr .-��r w��n�� r��rx��n� ��-�,�� . ��r��v� +�+�.,� _vv Y�v c.:+r��., �YC..ar�r.r.,�x +c..�+�xYY��rr�:�+c..�r�:� v r.; _��.,+r.� v +�., _vv Yr�:r�v+�xr�. �r:x� _�vY _YYr��xY�r;a� �+l.xY�v�r.,� �Y�+c.:�YY r�r�zric-�� i,►rri-1--I-�r� r��c�� r�w� � �in�r�c�� -� n�r� �r�izi��r ir��in�-1-ir�cr �-��-I- �-�� {J 1 V V 1\.i t, C.l V V 1 1 4 4t,1 � 1 t, l t, C.l �7 t, 11 V 11 L C.l llt, t, l ��7 t, \.i 1 � t, C.11 41 � t, C.l l t, {J 1 V V 1\.i t, l 11 �\.i lt, C.l 411 �� 41 � C.l 4 41 � t, 1 1 • • • • • r�ri �r -I—� �r �r-�.�..�-�.�..,r�.�..z�r-��r-�............�...�..�...x............�.,r�.,�..�...�...�..,�� ..............�-�-t�.�r-�............��...�...�..�.............,r�.,�..,�.�r-��..-�-�...�..�.............�.�...�..�..�.�-�..� ��..,�............ac-�.�...........�..�..,�............,r�.�............�..,rt��............�-a,.�r-�.�.�..�-�..� ��.. �.�x t�� .�. x� �� .:�,��x t.. �.� t�: � ,��x �:�,�,�� .Y�Y l l.�l Y�. �.YIJ'1 Y� `Vl Y Ll� V"1 11`l:;Y ��Y �.Y�� {J11V1 �.� �� 1 ] 4'Y1_Yl'1 !1 �] 7�l11 T T �� r� �r� r�� rr� i r� cr �!l T A 7llY`� �� «� «...��u ��.� � � ��. �.�� «� �� ..� � �.:�� ,. A. �: The Town is not obligated to hold a position vacant or to return an employee to a osition followin an un ald_administrative leave �� ? ��u� �uT7 that is not art of an p g �_ r y p approved FMLA absence. B. An emplovee on administrative leave f or medical purposes shall provide the Human Resources Department with at least two davs' advance notice of the date the emplovee intends to return to work. C. An emplovee on administrative leave f or medical purposes f or the emplovee's own serious health condition shall p rovide a certif ication of f itness to return to work f rom a health care provider to the Human Resources Department prior to or immediatelv upon returnin� to work. If the emplovee does not provide the certification, the Town mav delav restorin� the emplovee to emplovment until the certification is provided. If anv work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assi�nments / li�ht dutv mav applv Section 4-8-8 Termination of Emulovment � A. If an emplovee 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 f or medical purposes and a reQuest for further leave has been denied, or the emplovee has been unable to perform the full essential functions of his or her re�ular position, with or without a reasonable accommodation, f or reater than 12 months in a 24-month period, the Town mav initiate separation of emplovment. For purposes of trackin� leave time,l2 months will be measured based on 2080 hours f or full-time emplovees and pro-rated f or �part-time emplovees. B. If an emplovee f ails to report to work at the conclusion of administrative leave and has not submitted a written reauest to use other f orms of leave, the emplovee is considered to have resi�ned. Section 4-8-9 No Ri�ht of Appeal The denial of a reauest for administrative leave, or the placement of an emplovee on Town assi�ned leave, is not subiect to appeal under the personnel action review procedures set f orth in Cha 5 of these Personnel Policies and Procedures. {nnnz_»ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 46 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4-9 �'�� =� � 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 �u �u� �� r? �� r�� u? ��?�; �� Y ��x y �� : ��,�Y: �?�� ; ��: ��? ��?�; �� Y ��x y serious health condition or the serious health condition of an immediate family member as defined in this policv. Section 4-9-1 ��^�-� �� Def initions �� ( T��r��c�o• T��r��oo �-��- r��r�c� �v�-�r�c��tr� ��or»�-��-��r� ��or»�� r� �r ��-��r A • `.C.l4C.1�7 41 V 1 �lt. 1111 �L,i7�7• 1111 �L,�7i7 41 �C.14 l t, l.ill t,�7 L,J\ 4<,1 �i71 V t, 1 �V�7 14C.111L�C.141V1 � 1 �V�7 lt.t, <.C.11 t, V1 V 41 �t,l r � r � r �� y �� .For purposes of this policv, "serious health condition' shall be defined as set forth in Policv 4-7 (Familv and Medical Leave� of these Personnel Policies and Procedures. �'.�..�.�.,�.�-.ar,r�,x��-a�.�.n...��.�.x.�.z�....�.x��.�.a..r. �.r.....�-�..�.-�-..x�,�.n�.�.a.�.x,n.�....,�.u.-�-,r�x�.�.��..z,n...x.,n,s-�.�.�.xa,,r�.r...�.-�-a.,r�,� ..�-a.�.,�.... � B. �.� �� . �� y . �� y �� .�� .� �.� ��.� �� . � �.� ��.� � �� .. For �urposes of thls �policv, "immediate f amilv member" shall be def ined as set f orth in Policv 4-2 (Sick Leave� of these Personnel Policies and Procedures. . � �r��-�-� ��,�� -a�-,��. �r�� ,�,��-,��,��,,� �-,��,��.�,� ,�-,��.�-,�,��-�, ,��.�,��,�,��.,�,��-�, �,�.��-��-,��.� �a�,�-�-,��.� �.. �� rx� rr..�.,�� .�.. � �� ..�� t��..� . � � �,:: �� .., �.� �Y�� , �� ..� ��.�, �x �x t�.,�� ..� ��.�, �� .� t�..� �, �� .�..x � �r ��-��r ir��iizi�>>��c� i,►r��c�� r��-i�r�c��ir� �-� -I-�� w�r��i_z�� ic� �-��- �-� ��r��r��r��- � r��-izr� V 1 V 41 � t,1 11 �\.i l V 1\.i l.i C.11 �7 V V 1 � V �7 t, 1 L,1 C.l 41 V 1 ��71 �1 4 V 41 � t, � 11 L 1 V t, t, 1 �7 41 � C.l 4 V 1 C.l \.i t, t, l �\.i t, l � 4, 1 1 1 L,1 C.l 41 V t, r r y r �� -,��-,��a��-,� �� -��,�,A�� -,�,�.�-,��,��,��-,�� , ��-,��-�,� � �,��.��,��- �,�a��,-�-��-� ��-� ��-,� �,�,�,�,��,��T,�� ,�,��,�� .�, ��.�:� ��. .�� «� �.�Y �. ��Y �� ...�, � �� ..�.� � � � �� ..� � � � � �� :x �,� �:�. �� x t�. ..�� t�� ... Y� r� �� n�r�c�i��r�� -�� w��-1-��r �r -��-��r ir� �-�ic� ��-�ir�i-I-i�r� L1t, t.V1 ��71\.it,l t,\.i 11 �t, 11 LV �.1 �t,1 V1 1C.141 �t,1 11 � 41 �1i7 \.it,111 �141V1 �. Section 4-9 -Z �� Y�Y °°°-� ��',�,,�'��° °°°EI1g1b111�T A. ??; �;��u�The provisions of this policv applv to all re�ular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and . . �r� ��r�� -� r�n��zr� ��r»-I-�c-� ��zr� �c� ��c�nr�� r� term-llrruted tem orar em lo ees u� �� .�� u ��.� ��u �� u� .�� .� �� ,�� ,��. p Y p Y � C.1L1�7� �.JVIY�`V_� 1 ✓ B. To be eli�ible to receive and use donated leave, emplovees must meet all of the f ollowin� criteria: 1. Be on approved FMLA leave or administrative leave f or medical purposes. � �'��rx��-+1n, ,n,�x��,��rn,�r�,� �„��- �-+,n ��-�+, ra,r+ rar�r�r�trn�r� �'�,/�T �, �,n,�tz,n �,r w�,n�-1��ra� �nra,�rn, �r�-� 2. �. �� +�� z � �� +� � �� . � � � �� r] � Ci !l4'1 !� !l T A 71 �� !11 1� Y1 r] T 7 r] 4'1 � YYl 1 1 Ci �� r] T 7!l T 7 r] !� r] �1 !14'1 Ci 1!� �/ u��.� «.�. � � � �� u � r u y u� �u �� u� � ��u ��Have exhausted all accrued paid � u�:u �� , ��.��, �� -�� leave balances �� that the emplovee is eli ible �� x�� .�x��:��Y� . g u�� u��u ?�u � �. . use. � ..................�l...�..�...�.�..��..�.........,Gl��..�.�..�l�T..�.,�l��C�.�'...........�.'..�...�l..�..�..........� 1�..�1��........�k'!,�l��C''.,�1��..�...�.�C�..........�..,G�.�k 1�..�l..�,�1��...........�..,�1�.�l..�....T...�.........�..�.........��..�T..T..........�..�k' ,G1�.........�`.�C�.�'.,�1��..�....T...�..� 1�..,f�.........�.��k'�..,�1�.��...��'. 3 . . L11�1LJlt, C,11 C{J1V V l.t,�7 �71 lCill 1 lV l. 1 C,t,t,1 V t, \.iVl lCi Gt,l.i 1<,CL V t, 11 Gl lt, V CIl t, 1 t,t,t,l V ll l� LJt,l lC,lll,� 1 ✓ ✓ -I-�r�>>�r �r� ir��r�r�nn r�r��rr�rr� r��i ��r �ir -1-�n 'T'�i,►zr� �r -Fr�rr� �-�nir rn-I-irnrr�nr�-I- �ir�-1-nrr� +��.r.�.�.�. . ..x �� .x� +t::�t �+�.+�:;.... .. Y..+�.r. .. ..x.�:x�Y..� ... ... .t;rx�:x...t � . .....Y.Y ��:;.. .Y..�:r.rv.+v.Y..�. �.x rti:;tY ...t ti:; ��t ti:,�Y ��:,Y ... � . t.�:;Y� r � ' � � � � � ��. ��.� ��a�� -� �.��T� ,��,�-��,��-� -��.�� ,�,�� .,�,��a�.a�� Have a�plied for anv other V 1 C I l t, t, ll � l�.J lt, l, V 1 t, t, t, l V t, {J C.l V l l Ct, l l 1,�7 11 V l l l V V 1..1C.11 Vt, t. l.i l l�. V. 1 ✓ ✓ available compensation and benefits that the emplovee mav be eli�ible to receive under disabilitv insurance covera e provided bv the Town, such as workers' compensation and short- and lon�-term disabilitv. c . {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 47 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. �. 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, f or 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 f or full-time employees and pro-rated f or part-time employees. co,,�-; ��, � _� n_2 V\.L.b1Vi< Z Section 4-9-3 Reauest f or ponated Leave A. Emplovees mav reauest donated leave bv submittin� a completed reauest form, available in the Human Resources Department� to the Human Resources Department. If it has not alreadv been provided, the emplovee shall include a medical certification from a health care provider documentin� the medical necessitv f or and expected duration of the leave with the completed f orm. B. Emplovees must submit a new reauest f orm f or each FMLA leave or administrative leave f or medical purposes period durin� which the emplovee desires to receive and use donated leave. C. The Human Resources Department will review the reQuest to ensure the emplovee's e11�1b111tV If the emplovee is eli the Human Resources Department will then post the reauest f or donated leave in a location to be determined bv the Human Resources De Section 4-9-4 Donation �'�x �� ;Y � Leave 1 1llYl 7+7 llYl !l � �!l 7 T T!l Yl'1 7 T T �!l Yl'1 7�!l 7 Yl'1 llYl !T 7�� !lT Tll� Ci !l � TlIT A 7Yl llYl'1 Y1� !lT TYl'1 llYl + llYl 7 Yl A • L V 1 �C.l 41 V 1 � V l 1 L, C.l V t, 11 LC.I Ll t, 11 LC.I \.i t, C.111 LV 1 � C.111 1 t, V t, l i7 V l 1 V V V 1 � L,11 L 1 V l l<t,1 � 4 V l � C.11 � y � r y ��, �� ; � Emplovees mav donate leave bv submittin� a completed leave �� Y xt��x ��Y�. donation f orm available in the Human Resources Department to the Human Resources Department. The identitv of donatin� emplovees will be kept confidential. Z T � �-,� �, �-.,-, �„�t 7„ �r.a ...�,, �-,�,... �„�t 7,,... �,.,.� y ....1-,,,......a �-.r � �-,,a ....... • B. � u�u �� :u �� u� �u �lt,lt 1<:,Gl V t., 11 lGl ��: u�� u ��.u. Emp ovees must su mlt a new eave donation f orm f or each FMLA leave or administrative leave f or medical purposes period durin� which the emplovee desires to donate leave and f or each person the emplovee desires to donate leave to. 'T'�n rnnn�tr�r��r nrr»-� ��irnn �r�� -�n 'T' �i�rr� . �rn »r��nr r�� r��-��r� -I-� rn�-»ir -I-�n ��r»� C . � � r+�., � �.,+�.�x �r x� � �,�x � �� .,� +�r� �r� �� r�., Y +�:� �� r �� xY �� Y+�.� �r ��x +t�r r�� ,�r � � tx �� +�., �x�� x �,��x � � .� � � .� ��u �T�: Emplovees mav donate vacation or sick leave, pursuant to the followin� conditions: 1. Donatin� emplovees must maintain a total cumulative balance of 80 hours of sick and vacation leave. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 48 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 2. Emplovees mav onlv donate up to 40 hours of sick leave per calendar vear. Emplovees mav donate as much vacation leave as thev choose, provided that the mandated 80-hour balance is maintained. D. Emplovees must donate leave in full dav increments, based on the number of hours in the receivin� emplovee's work dav. That is, if the receivin� emplovee works ei�ht hour davs, � �. the donatin� emplovee must donate leave in ei�ht-hour increments; if the receivin� � _ ., emplovee works ten hour davs, the donatin� emplovee must donate leave in ten-hour . �. � - increments, and so on. E. Emplovees must pled�e up to a certain maximum amount of leave hours thev will donate for a particular emplovee durin� a particular leave period. The pled�ed leave hours will remain in the donatin� emplovees leave banks unless and until thev are needed bv the c � .� . o, receivin� emplovee,, at which time the Finance Department will draw from the pled ed leave hours. F. The Human Resources De will review the leave donation f orm to ensure that the donation complies with the provisions of this policv As the Finance Department draws from the pled�ed leave hours, the Finance Department will monitor the donation to ensure continued compliance with the mandatorv 80-hour leave balance provision of this policv. G. If more than one emplovee donates leave to a particular emplovee, leave will be deducted from the donors' leave balances on a rotatin� basis, in the order it was donated, in full dav increments, based on the number of hours in the receivin emplovee's work da . H. �. There is no limit on the amount of donated leave eligible employees may receive, except 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� shall 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 f or part-time employees. �'-+ /�, x� � r,� ��-�+, �,�_,�c� n�r� ,r� � r� ��-�n, � � �n � t r n�r e r i �.� �-+ n� n, #-t � rx� �n � -�-,r�, -�-�+ n,r� � r� ra �-� ra nr n x� x� � n,� r �n n, .�..� ...................�......��...�... ............�.�...�..�..�.�.�.......�.,��...�.�..��..�......�.�.�...�....�.........�,..�....�.�.�.......�.,� J ........�..�...�.�.�..�...��.�........��........��..��.......�.,��...�.�...�.��...�.. ............�.�.�...�.. ..... .�.�... .....�.,� J ...� .� � � .� �i ��r»�-ir�cr nw�r��trnn� _w��c�-I- w��ir��-�ir� �-I-�-1-�� r�nn �-� Qn ��r� �� inU �r�� ir�n�-1-i�r� �n�trn �. L Vl lCi Gll l t,ll l 1V l.,1.,�7 ll ll.i�7l. 11iCI11 lGCi11 l CI l.V l.Cil �IC.tYC.tY ��l..�l., '�)`Y �l7''CJ` ��l.y' �X� i� '�)`Y �'��l..Y� �� Yi.� i/ �X'l.� r.Y'V"Y r Y'l.;�X �'�L,'. � r y �',�,�r±..�-.�.�t�r,.�....,/�..,....�...�...�.�.........� o�>>o�+�- ��r n�t� ��1-0� T o��zo CJ `�.'�. r. Y�i" l Y "`�`°' Y�1 "" � 1\\. �\.i \. �7 b i V l L V l<K b\. K L\. K V \. _..� ..... � Yl Yl� ]..l� r] T]..11Y1..C� �ll.Y� �.11Yl 7..Tl1 �.. �!1 r] Z 7l1..... 7 Y�l1. r] t T.7 1� 7�� !1 1 Yl .....T� !1. H]. ] Yl'1 7 Yl T� � c�.�> > rn � c�.. Tl llYl r]..Y�TYI'1..l1Y1 T..... 1 1. 1 1 11<, C.l 11 V 1 �i7 1 V 1 \.i V 1 �C.l 4t, \.i 1 L, C.l V t, C.l l t, C.l V C.111 C.l LJ l t. 11 � 41 �t, 1 1<.i 11 LC.l1 � 1\ L, i7 V l.i 1 t, t, i7 L t, C.11 411 <t, l � l. rr r R T1-.�, r��»�c�-I-ir��r �r�r��zr�� c�� c�»�r�i�- �-�� n�r��-��-�� r»-��in�-I-i�r� ��r �-��r��-�� i7� �-� -I-�� L• 1 1 � t, 1 t, l.i t, �7 411 � t, l l< 1 V t, t, �71 � C.111 �7 l.i L111 L1 4 41 � t, <, V l l< lt, 4t, \.i C.l 11<, C.l 41 V 1 � 1 V 1 \.i V 1 �C.l 4t, \.i 1 L, C.l V t, 4 V 41 �t, � � r y r rr u��rr��r� T�n��»rnn� T>nr»r T� i�- �� r��-1- ��rn�� nnr� r�r�iri �-�n nrr�r� �� 1 1�.ill L(.11 l 1\L,�V l.il t,t,�7 Lt, {JCIl l,ll lt,l lC,. 11 14 1[C1�7 1 lVL Clll <,CI\.i V LIC,t,l l {J1 V V 1\.it,\.i� 41 lt, t,ll l{J1V V t,t, �71 1Ci11 1 ✓ 1 1 ✓ ir��n � w�n�ir�� r�-i�i��-i�r� �r�w� � �innr�c�n� ��-1-� ��rn �-�r�iri��r ��w��r�-1-ir�cr -I-�� «.� �..��.. u �� «....��.u� �....� ��.0 ��..�� u Yx�:�::Y ��::� � �...u� �� .u� �.. r �.> �- �,.�...� ..�.>�. �� «..� �� ... rr�n�in�� r�nnnc��i_�r -��r �r�� nvr�nn�-n� ��r��-i�r� ��_-I-�n �n�trn.z�Ti-1-� �-�n n�rr�r��n-I-n� .�,.�.x�,.�.�.�r�.�.-�-��nx�.... 11 lt. l.i 1t. C i 1 1 lt, t; C, � �71 4 V 1 V 1 C Il ll.i t, lt {J t, t; 4t, l.i \.i l,i l C I�,1 V l l V l l,l l t, l t, (.l V t, V V l l,l l 41 l t, t, V l l l{J l t, l,t, \.i C I{J {J 11t, C i G1 V 1 l. ✓ 1 1 1 1 {nnnz_� �ti� 00031988.DOC /} 4 - 33 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 49 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �' �'� �n ra x��-�,� a � � -�-i� n�,ra �,� ri � � � � �� w� i �-�-n�,r� �-n�, �-� �n �� a �-an � ra � n �,na � �r�n � �� rn,�r�-�-,nr �n,r � x�x�r,n� r � � . � �r�+�., c:x��Y��.+c.�r�:�vYr� vv ��Y �+�., �r:x�YYrYr�:�r.,�.x _c.v ��r�+�., _� �u��r�r�xYr� Y�+�.,�v�..��+cr.,� x�Yr+�.,+�.r�:vY �vY _+u��v v c..a�. I. Donated leave hours mav onlv be drawn from and used bv the receivin� emplovee while . o o, c � r� the donatin� emplovee is an active Town emplovee. �. � . � .� T. The receivin� emplovee and the Town are under no obli�ation to repav anv used donated leave to the donatin emplovee. Section 4-9-5 Coordination with Other Pavments The emplovee's pav shall not exceed the emplovee's normal weeklv earnin�s throu�h anv � ___� combination of donated leave and other pavments received bv the emplovee, such as workers' compensation benefits or disabilitv insurance pavments. If the combination of �pavments results in the emplovee bein� paid more than his or her normal weeklv earnin�s, the Town shall reauire the emplovee to reimburse the Town f or the overpavment. Section 4-9-6 ��«�� i �� Maintenance of Benefits ��;��y: �� r� r�n��zr�r��r� � �� n�r�c��-��r�� -1-� �� An emplovee who -u� � �� ls on leave and usln� donated leave shall �� ,�� ,� �� ,�� ,�-��,��, �r��.��.� ��,� �,k.�-,�� ,��-�, �,�� -,��-,�,�� ,��-��,��- �� ,�.�..��,��,. ��«..x�.:��x , �� Y..r��..�.,� �..��-��.� �,..��..�� t��x �.��r�:�Yt,..� ��,��..��; �� :�r ��continue to pav his or her share of anv �roup health plan and other insurance �premiums throu�h pavroll deductions. Section 4-9-7 Leave Accrual A. An emplovee who is on leave and usin� donated leave shall not accrue anv sick or vacation leave during the leave period �� u �� . B. An emplovee who is on leave and usin� donated leave at the be�innin� of a calendar vear shall still receive the full allotment of p ersonal leave. POLICY 4-10 �'�L��v z-�� -GROUP BENEFITS The Town of Marana provides group benefits coverage, x��? ��Y� ��?, �: ��?, �� c��r o��r�- �-�rw� ��c��r �r�� r�c��r�r��o . . \.i1�7C.1L11114 y� �71 �V1 4 4t,111 L \.i1�7C.1L11114 y C.11 �\.i lllt, ll ��7 �.i1 C.11 �t.t,�7� as determined bv the Town Councll f or ✓ ✓ . eligible employees. The Human Resources Department is responsible f or implementation and administration of all group benefits and insurance plans. .��,�-�,�,,�,� � �-� -� .�-� ��,� �,� �,�_� �� ::�:�� Y�.� 0 ��cr»��r �»�� r�� r»r�- -I-iw�� w�r��zr��c� ir�n�»�ir��r �-��c�� c��rizir��r ir� �r� ir�i�-i�� iz��»�-1-i�r� 1 1. 1\ t, l.i 1 C.11 1 l.i 11 C.l l �\.i C.11 4 4111 Lt, t, l l< 1 V t, t, �7 11 �t, l l.i \.i ll � 41 � V �7 t, �7 t,1 V 11 � 11 � C.l l � 11 �141 C.l l t, V C.11 l.i C.l l41 V 1 � � r r y � � � ��.,��-,,� �,�� -,��.� ��a�-�� ,�-,��.�,�.�T �,�,�,��-.��T,�� ,�.� �a��a�� -��-,��. �-,��.��-,, ,��,��-,��. �� ,�-� ��-,� �� , �� .,� _�.�..�-�� -�� .r..� �.�� y �:�� y �..�� -r.. �� .�-�, �.:�-�� -�� .�-�� {nnnz_� �ti� 00031988.DOC /} 4 - 34 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 50 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �'��r�, rr� � � �rrr,n,� � x� �-�,nr�, n��.-�-� x�r� �rrr � xx� � � n,x� nx� ,� i x� �rx � � r� �r� �-�-�, n r,�r�,�.-�-xi ��-i �r�x� � �, �-�, � � � w� i �-� -�-i� n�,ra � ,r�� Y v v v Y � � _�Y v u� _��.,Y �+�.,YYti:� �Y v�Y +�x�� x��✓'+�.�� r�xY� r� _+�x�vY � _�Y �r., � �� .� �� YV� �� _+r�� YYY rY�+r� �.�vY �� _vY _+r� r� � r�-i n> > �� r��r� �-�i �- r�� r� {J C.l l 41t, �.i 1 C.l l Ll t, l �t, l l 4 {J 1 C.11 �• 1 1 R TnTI - . �r� �r�r��i�� -�� w�r��tr�� w��tr ��- �-� ��tr�r ��r��r��r��-o ��r��r �-��o� r�r��rr�w�o ir� L• V Y 1 �t,l t, C.l 11<.C.l�Jlt, 41 �t, t,ll � 1V t,t, 11 �C.l t,1t,L 4 4V <.V V t,l \.it, t,l �\.it,1 �4�7 l.il �\.it,l 41 �L,i7t, 1 V 1 C.111 ��7 11 � rr � r y y r r� �nn�r��r�n� TA71�� n��rr�r�� n�r��-r�n�- r��ir�4-v��r�� r�� r��-� c�n��c� �T�r4-v»� ��i�i�i�i�r CI<,1..V1GiC.11ll..l.; VV 1G11 l..l.ill"1.114 l..Vlll.l"Cil..l. 1l. 1.i11t,11"ll.1lL� C.11l\.i" 1C.11.t, �7l..11t,\.il.ill.,�7. 1 V V111CC.11 " t,11 1Ll1111, � � y �.,,� i �-,�, �a, �,� �,,� ,-X,,,� � ��..� �� . ��.. �� r�.. �.. Section 4-10-1 �� =��=� Group Insurance Coverage A. For purposes of this policv "�roup insurance covera�e" mav include health,, income protection and lif e insurance plans contributed to bv the Town and emplovees. B. The Town contributes to the costs of �� T�� group insurance coverage f or f ull-time employees and those part-time employees whose normal work week is at least 20 hours per week. The Town may also contribute to u�r�� u�� coverage f or eligible dependents of these employees. ��,�-��,� � �-� -� �� ,��-�,�,,�� ,��-�. ��..�.�.x��r �-��.� � �Y,��:�x� ��..xr.:Y��.� Z T �� >> r� -1-� rz r��r� �-�i -I-c� c� �� n� � c� ��r� �-�i �-c� ��r � �r� �r� � �r� -1-c� c�> > r� r� � �w� �r� �-� � � �� -� ��r� ��i �-c� � r� �-� V V11.i1 � 4C.11 Llt.,1 �t,114i7 i7 l.it.1 � C.li7 Llt,l �t,11 �,�7 1 V1 \.it, t,l �\.it,1 � 4�7 �7 l.i lt.,ll <t.l �4C.11 1 �L,C.1141 � LJt,l �L,114�7 C.11 �\.i y r � rr � � � a �-a,�,�-� � a ,�,�,�,��-,.� ��,� ,�,�� -�-,�� -,�,��-��-�-� ��.,�,� �-�-�-��-,��.�-,�,� �� -��-,� ��-,.��,�,� �-�,�.�-,�� a �� -��-,� �r-�r� a,� �,� �,�,��-,�a � �.�-,�-,��, �� .�� ..�� ..� y ��..-� r..�� :�..�.,� ��..� �r..�� .� �� .. �� r..� � y �.� ��.. � � � � � � �.� �� .� ��.. � � �� ..�� .r..� n �r� � r-1-w� �r� �- � �r� �r� � i r� �r >> r��r� �-� � � i w� i-I-� �-i �r� c� � r� � r� c� -I-ri n�-i �r� c� �-� -I-� � r� � r-1-i n> > �� r r�� r� c� L t, {JC.Il 411 Lt,l � 4� \.it, {Jt,l �\.ill �� .i {J Vl � 41 �t, 1111 L14C.141V1 ��7 C.11 �\.i 1 t,�7 411t, 41V1 ��7 Vl 41 �t, {JC.Il 41t, �.i1C.11 {J1C.11 ��7 • 1 1 1 1 1 �.. [... �t�.�..�...�..]k '�..�..�..�k`.TA...�...........�.�,]k '�.. �C�.�.�..�� .............�..�k`. �C�...........�CIA.�.� �C�.�k`. �C�.�.............r�..�..........��.. �C�...........�..�l..�.,,f'�.aV .�,.�'�..� �� ............� �� ...........�-�.. �C�...........�.�CIA�. �..7�............�..�..�..�...�...�.�,.�' .......... �t�.�k`...........�.,fl�.�..RA..7.a1 1l...........�.� �� l..�l..al 1l.,,f"�.�..�. ... W`V 1 Y.LY L l.�Xl V �11.,Y L�;Y Y l.� C.LI �, `l7Y 1�,1 �, \.i C.t C, l.l Y�:; '�.il�`�l.l l., Y.1lJ'1 Y lJ'1 �Y L�, Y V' �i' V 1 L 1 V Yi.il YC:L�I,I �l'1 1'lJ V� 1 1 `� V l.Cl 1`l..lY. ✓ 1 Tl111 ] Yl'I-71'`T Z�llYl !l t1 +C� 7 Y`!l t] ] 1 1 T T Yl r] ]� �T T'I-� !l llYl'1 Y1l !1T T!1!l V V l l,il l l,C i l V LJ t., l[t,11 G�7 C i l C, 1 l,ill V {J C.l l\.i LJ V l,l l l, t, l l l{J 1 V V t, t, . ✓ ✓ 1 ✓ 1 ✓ �.,�l� nf'�..�.�..,�'1R.ak'�.......�...,.....�....�........�.� ...............�...,�t�.'�.�..�,�.ak �'I�..,�.�k'1lA.�......�.�....r1�..�Y1�.. lJ+�.`i:r.Y�li"lr "�,�`"��""� Y+►r.�lY`�.Ylr`�.Yi�. Y Section 4-10-2 Retirement Plans A. The Town participates in the Arizona State Retirement Svstem ( the Public Saf etv Personnel Retirement Svstem (PSPRS) f or sworn police personnel and the Corrections Officer Retirement Plan (CORP� for dispatchers hired prior to November 24, 2009. These retirement svstems are �overned bv state law and the provisions of this policv are not . � �} . intended to conflict with or supersede state law, nor should thev be interpreted or construed to do so. If anv �rovision of this policv conflicts with state law, state law shall control. B. 1° : Employees whose normal work week is 20 hours or more and who have met the eligibility x��; �� reauirements of the retirement plan are required to participate in �? �� ° � �� u � �u �� ?? � �� y � �� `ASRS� or, where applicable �� r �? �� r�� ?, �? �� ' u�? �� u�� y �'�� ? �? � �� y � ��m `ncn� c�,, PSPRS or CORP C. R. Retirement benef its u�� u� u? u ��accrue f rom both employee and employer contr . �' � -�-r�_�� -� �r � �-�-�, �-� �n, r,�r� � r,r� �-�r+„r�� - . ,� � r � �-,r � r,�r� w� � ra ,c� �, #-,r�r� r -�,r� r n� � � �rx� �-+� ,r� lbut�ons. ��Y � �� x� � �x�� : Y �: ��Y �Y� r�.� �� :x� � �Y � Y� r�� r�� Y � �� :�x � ��: � � � {nnnz_� �ti� 00031988.DOC /} 4 - 3 5 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 51 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES �� ? �� y ��'� �� y ��? � ��y ��?? ��The amount of the contributions is determined bv state law. D. �: Employees are vested in accordance with the provisions of the retirement plan in which they are enrolled. E. �.-If an employee terminates service without retiring, u�� u� u? u ��u �� uaccrued contributions, �� x�� x �� xx ��x �� , are refundable �� x�� ln accordance with the applicable plan's rules and state law Section 4-10-3 �°�«�� i-��-� -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, u� u term-limited temporarv emplovees and short-term temporary employees. B. When an employee voluntarily seeks assistance f rom the EAP, conf identiality is maintained. The Town will not be inf ormed that help has been sought unless the employee requests that the inf ormation be released. C. When stress or personal problems interf ere with job perf ormance, the Town will encourage and may require participation in the EAP to deal with job performance issues. When participation is required, the EAP provider will maintain confidentiality x� �u�� u�� .�� '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 f rom disciplinary action f or substandard perf ormance: or misconduct. P�fl� �af-'V _d _'�'a TAT�flI2 �C�� af-'�fl1��P��.T_� A_T��f111�,.T. �...�.� �.�...�....��- �.�.. .....�r..�..� ��►�� ....� ...� � ��.�....�.�..�.,�� z ..�.� ..�. �. TAT �r�i�r�c� �'�4-v�r��r�c��-i�r� ic� � r�r��rr�4-v� �� ir�c��r�r�n� ��4-v�ir�ic��-�r�� tr �-�� Tr��c��-ri�� '�4-v�4-v�ic�c�i�r� V Y Vl l�t,l �7 t.V111 t,1 l�7CI l,1Vl l li7 C.l " 1 V 1 C.11l C"V1 i1 li7l.i1 C.11 lt,t," CI\.i11111 11i7Gt,l t,\.i L7" 41 lt, 11 ll.i �.i� C11C.11 t.V11111 C1i7i71V1"l r r � y �,� L� ra �.�r� � �-n�, �r,n,-�-,�r��- �,�z�r��nr� �r,�x� � n�,� � � � � n, �-n, � �re7�,r�r r�n,� ra, �-n,r � ra ��i ,r-�,�r�ra.-�- ,�� i � �r��n,�,�c� �x .t.....xx �� rt.�... �...+�:�r�.+�;�: r.......��v �:r� ��.;.�...� �..�...+��..�.....�� .;......�� ...+t�.. rv+v �� +�;�+r:.�rti.+�:�� ::t�+�:��:x+�.,.�...�.�: ��.r � Section 4-10-4 Voluntarv Benefits � The Town mav of f er other voluntarv benef its, such as benef its f or dependents. Voluntarv benefits are fullv paid bv the emplovee. {nnnz_»ti� 00031988.DOC /} 4 - 36 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 52 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4-11 WORKERS' COMPENSATION Under Arizona law, it is mandatorv f or emplovers to secure workers' compensation insurance f or their emplovees. Workers' compensation is a"no f ault" svstem in which an iniured or ill emplovee is entitled to receive benefits for a iob-related iniurv or illness, no matter who caused the iniurv or illness. If an illness or iniurv is iob-related, then the iniured emplovee is eli�ible to receive medical benefits and mav receive temporarv compensation, if eli�ibilitv reauirements are met. In some cases, a claimant mav also receive permanent compensation benefits, 'ob retrainin�, and supportive medical care. The provisions of this policv are not intended to conflict with or supersede state law, nor should thev be interpreted or construed to do so. If anv provision of this policv conflicts with state law, state law shall control. Section 4-11-1 �°�«�� i-��-� Reporting Requirement , � �� -,�� ,� �� ,� �-�� -,�-,,��-�,��- ��. ��.�� -�� -�� -� ��-,��.��. �. � �� r y ..�� .� y �... �� .� �Y t �� Y t� �� t�.�� .��.�� .�� ,�x y �� .��.�� .� � y �� .. � �� : � � �� .� � �'�w�r��r�c��-I-i�r� �r]TATLi w»>c�-1- r�r��r �-� �nni� �r�-I- �r ir�i>>riz �-� �ic� �r ��r iw�w�� c�>>r��rzric��r `.V11 L t,l �i7C.141V1 � 1C.1 V V i7 11 Ll.ii7 4 l t, V1 4 41 �L, C.lt,t,l\.it,l �4 V1 11 � l.il 4V 1 �1�7 V1 1 �t,l lll <ll Lt,\.i1C.l4t, �71.i t,1 V 1�7V1 r r � y r � �,�,��,�� -,�� ,��- ,�-��-,� � � �-�,�. -�-� �,�,� �� ,� �-,.a � �.� ��-�-,�,��. �-� �-,� ��-,�-,� � �,��- ,�,�. a,�� a �.�T � � ,��,��-,.� ��,� ��-,� � �, � ��, �� ..�� ..� y , � � �, x t� �� ,,..� �,� r�� ,.�� ,�..x �,� r.�. ��.��..� r� �� x� r� �� y .1 �� ..�� r�� y .::�.. �� r �nn>>r�� i��r��c�c� �c� ��-�ir�� zr -I-�� c��-��-� 1/�T�r��r�c� �'�w�r��r�c��-i�r� � �i,►rc� w»�c� r�r��r�- - I - �� V t. t, l.i C.l 41 V 1 �C.l l 1111 �t, �7 �7 C.l �7 \.i t., l ll �t, \.i Ll 41 � t, �7 4C.1 4t, V Y V l l� t, l �7 `. V l l< L,1 ��7 C.l l41 V 1 � 1 C.l V V �7 11 L l.i �7 4 1 t, V 1"4 41 � t, r y r r ,�a�,��-,��, �-�-� ��, �-,��. �,��. ,��,��,A�-,��-� �,��,��-,��.��,��,��. �,�,�,��-,��-��T ,��,��,�� {-,�,��,�� ,��,r.� �-,�� -��-,� ��x� r�.�� . � tx� �x Y ��.� �� t�� t�:.�� ... �„��.� � ��.�� Y�� ..�Y� �:�.� ��.�� .�Y� rx� �� .. �� .� ��: �-.{-,�-,,,,�.��-,�� ;�a_�,��,_�, �r-� �-�,� �,-�,��,��,,�� ,�;�.,�,�,�- �,,,�-,�,�,�.��,��-,�,r. ;� ��- ��7�;��a�-. �-�,� ,�,�,.,,,-��,-�,�T,�,� �,��_��. �,.��:� � ��:x�� x x��Y ��::�-�. �Y �:Y ��.. �::�Y � �� .:�:: � ��x �::�: �. � � �:� � ��Y x� � �� xx��: �� r�:. �:;�x � �� :.�:; �Y �� : � �` .� � � � .�` r�r��r�- �-�� nni��r��- ir�i��rtr �r �nn��r»�-i�r�� i��r��c�c� �-� �-�� 4-v�r��tr��c� ��r»r�-4-v��r��- u�� 1<, Vl l, l.l ll. C.11..l..11.-il.l [l. 11 l l.il V1 Vt.l..l.i ii 1.1V1 lC.11 1111 lt,��7 GV Gl ll. l.11"C 1V t,t, i7 Lt;" C.11" l.11 [t,l ll. 1 1<,C.l\.i. r �� y r r y r �i�tla��n � �n,.x�,n,�w� �-�� nni��r��- ir�i��rtr �r i��r��c�c� ��,ra�-��x1 7/� �,n,a�� ^�-��r rn,�t�� x� �-�,�r� ,r�,�r�x�a�� ,t� � �......�.�.�..�.�..'L,..........�.'� l.11l., C.11..l..l\.it,lll. lll l.il V1 llllll,�7�7 .... 'C� .. '� .... ��.�...�.��...�.......�""� ........ � .. �� .. � . � ... � ........ � . � ... � . � ................ � ... '�; . � .. � . � .. �........�.�...�.........�.��1.,........��1.,.�...�.�.��........'�� ......... � � � ) J' .�" TAT �r�i�r�c� �'�4-v�r��r�c��-i�r� n��i4-v� Y Y Vll�t,l �7 t.Vlll{Jt,ll�7Cil,1V11 <,1CI111C. 1 co„�;,,�, n _� �_� n�,t„4, o�,�� V\.L.l�iVi< Z 1 K V li<t.i<{.�7 ✓ A. �� nr: �?�: �'� �� ; �� : �: � �: � ��y �� n��?��'�, ��: ��; � � � � T�, � �, �-� �-� � �,�,�_� � �-�-,�� ,� �-,�,�.�-,�,� �-�_,��-,� �-,�-� �-�_�-,� �-,�,r,r,�,�,�� ,�� T��_�, �-� � � �_� � �� ,��-,� . �� :�-x�r��:�:� ��:��:�:�r��: �x �x��. �:�Y��x�� :�: � �� ::Em�lovees shall immediatelv report anv iob-related accident, illness or iniurv, re�ardless of severitv, to �. their immediate supervisor. If the emplovee's immediate supervisor is not available, or if the emplovee's immediate supervisor is the emplovee's Department Head, the emplovee shall report the accident, iniurv or illness to the emplovee's Department Head. � l�T �,r�� nr� � �'�,w� x�,�nx� � ra, �-a ��-�+, � �n� x�,n,-�- � �a�,� r -�,n,r -�-�-n n �� r,�-�- ,� n,� rn,r+ ,r� ra, � z,� n�,� -�-� w� n � �,��- -�xn�,w� �r�, z,n,r�� B. '�.....'�....'l�'.�...�"�.'�..�..........�...........'�'l�'.�.�...�........'+�.�...��+C�..��.'�l'�...�..........�'l�'.'+�.�r..........�...��l:y..� ..................+C�t..................�..�l:y.�.............��...�.'�..........�..�.�...�...�.........�r.'�.....'�....'�.�...�.........�..+C�t..........�..........�l:y.�............��.�.�..�'+�..........�'l�'.�r..�.........�..�...�l:y.�.�..�...........�..'�....�l:y.�...�"` � � � � ��r��c�c� �-�� -��-�� r»�4-v��r �� -i4-v�� r�4-v� T�7�r�i �vn��c� 1/� ��trc� T� �-�� n��i4-v� ic� �r�r�r�tr�� l.il llt,��7 41 lt, l,V l.Cil 1 1�.i11lLJt,1 Vl Glll lt, Vll 11 V11 [ V V Vl l� t,ltt.t,t,\.i� lZ \.iCi V �7. 11 41 lt, t,lCilll l 1� CI {J {J1 V V t,\.i ✓ 1 1 t ,(ln 1'`.. 1'1�_�.T T �"1A'1,(lA�'1i_� � _t �,fl� 1'`........ � ! 1 ......... � �! T. T � ...._� �'11 �... '��_,(l aCl� �'�'1� 1'1� � ,(l.�_T aCl� aCl� ......_1 1 � ,(l � ._1'1� � �._� � ,LlA_�! � T ,(l. � �..� � �"1_� aCl�.�.. �_� _� 1'` � �'1i.. � ._�� aCl� ......_t� 1'` �_� Y . 'll . Y ..... �.. +i�.�r..Y.�.r'l.;�YY:...C,:tY..t.'l:;Y.......Y"�.....�.�X..+y...i�'.....iCX.Y.r.'1�.....Y:Y..�'�,....+IJY.�.r. .. Y .. '�.+1� ..... iC::�i�"�; . � .......... � . Y� ... �'1.; . �X .. 'Cj .. '�; ..... 1�7'CX'�i::��`Y'l:"+lJ�' ... �:�ti . �lX� .. Y� . Y ....... 1 ✓ ✓ , . .. r y ry � � I� .I c��tr�r� ��trc� �� -i4-v�� c��- �-�� 4-v�r��tr��c� ��tr� ��r�n�c� c�� r�ir�c��-��-�� r��r� r�n�ir��- �� l. V l.1 l l.iC.l � Vl l.11l ll. 1V� l, l.1 ll. C.11'C " 1V' l.l.: � 1<,C.l'V't, L1CI1C.l1 ll..t,i7 �71 1Ci11 " LJI. i l.11 l� C.C.I l.t,\.i l.i " Vl l 1<,Ll.l l. Vl y � r y r r -��,,�,��, �,�T �-�,,, T,��7,� The emplovee's supervisor or Department Head shall ensure that the � �� ,�� .� �� . accident, iniurv or illness is reported to the Human Resources Department no later than the next business dav. {nnnz_� �ti� 00031988.DOC /} 4 - 3 7 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 53 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES c. �� . �� =��-�� ;��;� �� „�� ;��;�� -I-� w� � c�� - � c� �/ � r� � > > c� �-r� � � � � c� � �-» � � �-� z �� . . . �� u� �� .�.�� u� .��u �� . In addlt�on, em�lovees shall f ollow the re�ortln� procedures established bv the Human Resources Department, to include completin� and submittin� anv reauired f orms. ��,�-�� -� ��. ��.��x��r �� Section 4-11-2 Determination of Comuensabilitv The Town s workers' compensation carrier will determine compensabilitv for iob related iniuries and illnesses. Section 4-11-3 Tvnes of Claims � A. Medical Onlv Claims. Pursuant to state law, if an emplovee is off work for seven calendar davs or less due to a iob-related iniurv or illness determined to be compensable, the workers' compensation carrier will pav all of the emplovee's medical expenses associated with the iob related in'urv or illness, but will not pav compensation benefits for lost wa�es. The dav of the iniurv or onset of illness is not included in the calculation. c _ ., r� B. Time Lost Claims. Pursuant to state law, if an emplovee is off work for more than seven calendar davs due to a iob-related iniurv or illness determined to be compensable, the workers' compensation carrier will pav all of the emplovee's medical expenses associated with the iob related iniurv or illness and some compensation benefits for lost wa�es, dependin� upon the number of davs the emplovee is off work. The dav of the iniurv or � _ � P� . o, . onset of illness is not included in the calculation. 1. If the emplovee is off work for more than seven calendar davs but less than 14 calendar davs, the workers' compensation carrier will provide compensation benefits for lost wa�es at the state-mandated percenta�e of the emplovee's avera�e monthlv wa�e for each dav off work after the first seven calendar davs. c .} o, 2. If the emplovee is off work for 14 calendar davs or more, the workers' compensation carrier will provide compensation benefits for lost wa�es at the state-mandated percenta�e of the emplovee's avera�e monthlv wa�e for each dav off work � � . � .r , . retroactive to the first dav off work after the dav of the iniurv or onset of illness. Section 4-11-4 Use of �'�Y� Leave 0r� �w�r��tr�� r��tr�r��r r»trw��r��-o ��r��r �-� TnT �r��r�c� (-'�w�r��r�o��r� �7TA7Ci w��tr ��o� A • 1 11 � t,ll L 1V t,t, l t,t,t,l V 11 � C.l 11 LL,1 �4i7 l.il �\.it,1 41 �t,._ V Y V11�L,1 i7 `.Vll < t,l ��7C.141V1 � 1C.1 V V i7 11 LC.I �.i�7t, r y � r y r y r] !�l�1 1 YYl 1 1� r] �!l � 1'1 r] 1� �!l r] T 7!l �!1 Ci 1 1 1'11'1 � llYYl llYl � r] Yl T 7 �!11 1 rCi Yl !1� !�l1T 7llrll � �T 7 �� !l 1'1 r] T 7YYl llYl �Ci 1�!l Cit,l..l.ill"Cl.i1C.l l.t,\.i Cill.i " 1<,C.l V l. l.V � l.i " ll.11 Ct,l'll. CIl [" 1 lV 1.i1 � 1"lV l, l..V' V l.,l t,\.i Ll l.l lt, C.l 11"Ct;l ll.�. l l ll. r rr y y r y ��a�-�n�ra �n��rn�n,� ��r�n��-,n,r �,r �n,��,rrr��ci,n, ��-►�� ra,�-�r�r��rn �„��+� �n,��rn, �,�ac��xn Y ��x�-��Y � Y��.�� Y �.� �� .�. �x r��x ��Y � � � � ��.Y � ��:� � �. ��:On the dav of the accident, in'urv or illness,, the emplovee will not be reauired to use sick or other leave f or {nnnz_� �ti� 00031988.DOC /} 4 - 3 g ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 54 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES an absence that is a direct result of the accident, iniurv or illness. The emplovee shall record time spent durin� the work dav addressin� the accident, in'urv or illness, such as seekin� medical attention, as "industrial leave" on his or her time sheet or attendance record. The emplovee will not be paid wa�es f or anv time spent addressin the accident, iniurv or illness outside the emplovee's scheduled work dav. B. Be�innin� with the first work dav followin� the dav of the accident, iniurv or onset of illness, the emplovee mav use anv accrued leave balances f or absences related to the accident, iniurv or illness. Anv reauest to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. C. If the emplovee used accrued leave balances f or time lost and the workers' compensation carrier then provides retroactive compensation benefits for lost wa�es, the Town shall reimburse the emplovee's leave balances in the appropriate amount and tv�e of leave f or the time lost that is retroactivelv �aid throu�h compensation benefits. The Town will correct the over avment to the em lovee in the next re ular av cvcle or cvcles bv reducin� the emplovee's hours paid bv the Town. c � .� �, R IATI - . �r� c��n�i iz�n�-1-��r> >-��rc��r�� r n�rhr��r�c�� zr� �r c� ��r-1- -I-�rr� ��c��-��-I--�r D • L• � � 1 �t,1 � �71t.1� V C.It.C.l41V1 � L,1 �7V1 �C.11 V1 <.Vll < L,1 ��7C.14V1 1L,C.l V t, V1 �71 �Vl l 4t,1 ll < \.i1�7C.lLJlll l � � r r y y ��,�� .� �a�,�-,�� -�-,, �,��,��,��- ��T ��,��-�, ��- �� -,��-,�� , ��,�� ,� �.��-,�a�� y x� ��.� �� . ,��..� �� ,��..�� ..� �� y �� y �Y ��.Y t�� r �.x� ��x.� �.�. �� ..��x��. �� x �.�.�.� � �: -�r�w� IAT�r��r�c� �'�w�r��r�c��-1-i�r� ��r��i-I-c� -I-�� n�w��ir»�-i�r� �� 1/�T�r�i�r�c� �'�w�r��r�c��-i�r� 11 Vll < V Y Vl l�t,l i7 `.Vll < L,1 ��7C.1 11V1 � LJt,l �L,114i7 41 �t, <,V11 LL111 �C.141V1 � Vl V Y V11�L,1 i7 `.Vll < t,l ��7C.141V1 � r � r �� , ��a �� ,�� ,�� The em�lovee's �av shall r �' .� t� �' r r �' � ��rr��r��r T�� r�>>rr��c�� -� -I-��c� r��niz �c� �-� �r�c�>>r� not exceed the em lo ee s normal weekl �u� �«� �. � �� .�� «� ��,� �� ,�� , � � p Y Y � r r r y . . r�� -�� -�-�'�...�..�-...........�..�...........,r�.�k'a�'aA.�-a,.�..� ��...x.,r�.,�,..........,r �..,� �r�.�..........�..,�.-�-..........,�..�...�...-�.-�,r��r............�..ar'�...........,�,.�.,��..� a��r'�r'tA..�..,�..........�...�..ar.,� �...�.�'tA..�..�-a,...........�..,�............�............ar �r�.�.�..�..�..-�-.........,c�.�...........�...........�..�..z.,� ar.�,�. C.1 L�X �. i:il Y �:;11 L LJ1V V�,1., '�.i`V�,� Y L`V C. ��.LYY`l.l �Xl r 1.,�:V'1 YlJ'lY Lll.. 1 YC.tY t:��l rY LJ C:L� C:L 1�� l.Ll l. �l'1 i.L V�`CJY 1`r L,1C.� 4t,\.i 1 ✓ 1 ir�i��rtz �r i��r��ac� u l1TATllZ7llY� �-�� w�r��zr�� c��»�� r�� r��i�� ir»r�ni�� r�ir� �c� � r�c�»� �-� 11 ��.i l V 1 1111 �t, �7 �7 • 1 1 V V V t, V� 1 41 � t, t, l l< 1 V t, t, �71 � V l.i l\.i 1 � V 4 1 L, C.111L� t, C.l l ll �C.11 �<,1C.11 C.11l � C.l �7 C.l l t, �7 �.i 1 4 V l ) J' � Y J' � . . , a �„�,� a ,�� T �-,,� � � � � ,� � � �-� �-k� ,� � �-.�,�-�,, �,��,� �, �-,� �-,,�, ,� � � � � �� ,��„� �- �,��-,,� � �. T,�,��,. � � � �',�,�-�,, � �-,�� ,��,� �,� � �-k� ,� ,� a � � �� y �� .,��. �� -�.� �..; �.�� +��:�� +� y �� ..� ��. �� .�.,� � �.�� ;� ��.�� +�� ,+� -�.� �..; �� -� ��-��r r»�� zr� �r ��c��z ��r��-��-c� . . . � �� u�.� ��u �� .��u�� earnln�s throu�h anv combinatlon of workers r y � c . compensation benefits, paid leave and other pavments received bv the emplovee. If the combination of pavments results in the employee being paid more than his or her normal �� r� �� ' the Town shall re uire the em lo ee to reimburse the Town f or wee y�:u� �«� ��earnln�s, q p y the overpayment. E. For anv absences durin� which the emplovee is receivin� compensation benefits for lost � r . o � wa es from the workers' compensation carrier, the pavroll liaison for the emplovee's department shall record the emplovee's time on a time sheet or attendance record allocatin� that portion of the emplovee's time that is bein� paid bv the workers' compensation carrier as "industrial leave" and the remainder of the emplovee's time as paid or unpaid leave, as applicable. F. When an emplovee with a iob -related iniurv or illness returns to work, either in his or her normal assi�nment or in an alternative work assi�nment (li � ht/restricted dutvl, the emplovee must use sick leave or other approved leave f or absences due to medical appointments, includin� phvsical therapv, for the iob-related iniurv or illness. Anv _ � .�, o, . . � {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 55 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES reauest to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. G. �: The Town shall not approve the use of sick or vacation leave f or an employee who has an injury, illness or disease incurred while employed by another employer. Section 4-11-5 Maintenance of Benefits A. An emplovee who uses accrued paid leave balances to supplement compensation benefits for lost wa�es due to a iob-related iniurv or illness shall continue to pav his or her c ., . o� o,� share of any �p health �lan and other insurance �remiums throu�h pavroll deductions. B. An emplovee who does not use accrued paid leave balances to supplement compensation benefits for lost wa�es due to a iob-related iniurv or illness shall make arran�ements with c .. . o,} c the Human Resources and Finance Departments to make pavments f or his or her share of a_nv �roup health plan and other insurance premiums. If pavment is more than 30 davs overdue, the Town shall provide written notice to the emplovee that pavment has not been received and that covera e will be dropped. The notice shall be mailed to the emplovee at least 15 davs before covera�e is to be dropped. If the Town pavs anv of the o, . � _ _ _ _�-� emplovee's share of �roup health plan or other premiums in order to maintain covera�e, the Town mav re uire the em lovee to reimburse the Town. If covera e is dro ed, it shall be dropped retroactivelv to the date the unpaid premium pavment was due and the provisions of the f ederal COBRA law shall applv. Section 4-11-6 Coordination with the Sunplemental Benef its Plan f or Public Saf etv Emnlovees If anv of the provisions of this policv conflict with the provisions of the supplemental benef its plan f or public saf etv emplovees, as set f orth in Policv 4-12 of these Personnel Policies and Procedures, the provisions of the supplemental benefits plan shall �overn for eli c lble public saf etv emplovees. Section 4-11-7 Miscellaneous A. A iob-related iniurv or illness mav also be considered a"serious health condition' under the Familv and Medical Leave Act (FMLA� . In such cases, the Town will desi�nate the emplovee's absence as FMLA-QUalifvin�, will �ive notice of the desi�nation to the emplovee and the FMLA provisions described in these Personnel Policies and Procedures will applv. B. An em lovee returnin from leave followin a'ob-related in'urv or illness shall rovide a certif ication of f itness to return to work f rom a health care p rovider to the Human Resources Department prior to or immediatelv upon returnin� to work. If the emplovee {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 56 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES does not provide the certif ication, the Town mav delav restorin� the emplovee to emplovment until the certification is provided. If anv work restrictions are specified, the p rovisions of these Personnel Policies and Procedures related to alternative work assi nments / li c ht dutv may applv. POLICY 4-12 �'�� SUPPLEMENTAL 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 f or eligible public saf ety employees who are injured on the job and unable to perf orm 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 4-12-1 �°«�� z-�?-� Definitions For purposes of this policy, "public safety employee" shall be defined as an individual who is a member of the Public Saf ety Personnel Retirement System (PSPRS) or the Corrections Of f icer Retirement Plan (CORP) . Section 4-12 �: �«�� -� �=� EI1g1b111�T A. To be eligible f or the supplemental benef its plan, the employee must meet all of the f ollowing criteria: 1. 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 f or 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 f or the employee to remain eligible f or the supplemental benef its 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. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 57 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. To maintain eligibility for the supplemental benefits plan, the employee must comply with all risk management requirements of the Town, including evaluation f or 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 benef its plan. Section 4-12-3 �� =��=� Supplemental Compensation A. Employees eligible f or the supplemental benef its 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 f or a period of up to six months f rom the date the employee receives f irst payment of workers' compensation benef its f or lost wages pursuant to A.R.S. � 23-1041, provided that the employee continues to meet all eligibility criteria. Section 4-12-4 �°�«�� i-�2-i Application Procedures A. To apply f or the supplemental benef its plan, an employee must submit a written request to the Human Resources Department on a f orm 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 f irst lost wage replacement benef it paid under workers' compensation. An employee's f ailure to submit a request within the timef rame established in this paragraph shall be construed as a waiver of any rights under A.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 f or any reason other than a determination by the Town s workers' compensation carrier that the employee is not eligible f or workers' compensation benef its, 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 f rom receipt of the denial letter. The employee's request f or review must state the reason f or the request and f acts that the employee wishes to have considered. The Human Resources Department shall f orward the request f or review to the Town Manager. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 58 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES E. The Town Manager shall render a written opinion affirming or denying the employee's eligibility within f ive working days of receipt of the employee's request f or 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 f or workers' compensation benefits, the employee may appeal that decision through the procedures established by the workers' compensation carrier and state law. Section 4-12-5 ��: �� 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. 1. The employee shall continue to pay his or her share of any group health plan benef its 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 f or 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 bef ore 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 f or 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 f ederal 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 f or paying f or any elective health care plan deductions, health related optional deductions, optional lif e insurance deductions or any other optional, employee-elected benefits. {nnnz_� �ti� 00031988.DOC /} 4 - 43 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 59 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-12-6 �� =� �=� 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 shall not be decreased while the employee is participating in the supplemental benefits plan. C. If the employee used accrued leave balances to supplement workers' compensation benef its f or lost wages prior to being approved f or 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 4-12-7 ��; �� Miscellaneous To the extent the employee is eligible f or and receives salary or benef it changes while participating in the supplemental benefits plan, the plan benefits will be adjusted accordingly. POLICY 4-13 n�?��'V �� BENEFITS CONTINUATION/COBRA The f ederal 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 event" would normally result in the loss of eligibility. The Town shall f ollow all applicable f ederal and state laws in determining what constitutes a qualifying event. The provisions of this policv are not intended to conflict with or supersede federal or state law, nor should thev be interpreted or construed to do so. If anv provision of this policv conflicts with f ederal or state law, f ederal or state law shall control. Section 4-13-1 �°�«�� i-�i-� 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 f ee as prescribed by f ederal law. B. The Town Manager, in his or her sole discretion, may authorize Town payment of the costs of COBRA coverage f or an employee or his or her benef iciaries f or up to six months if the employee's qualifying event is a layoff as described in Chapter 8 of these Personnel Policies and Procedures. {nnnz_� �ti� 00031988.DOC /} 4 - 44 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 60 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-13-2 �:��: ��=��=� Wrltteri NOt1flCdtlOri Of EI1g1b111�T The Human Resources Director shall ensure that each eligible employee and/ or benef iciary receives written notif ication regarding COBRA rights and benef its in accordance with applicable f ederal and state laws. POLICY 4-14 ALTERNATIVE WORK ASSIGNMENTS/LIGHT DUTY The Town of Marana reco�nizes the value of allowin� emplovees with work restrictions to temporarilv work in an alternative work or li�ht/ restricted dutv assi�nment. Alternative work assi�nments are intended f or emplovees with medicallv documented temporarv mental or , �hvsical illnesses or iniuries sustained on or off the iob who have work restrictions and who are expected to eventuallv return to unrestricted work. The Human Resources Department shall coordinate and administer all alternative work assi�nments f or the Town. � The provisions of this policv are not intended to conflict with or supersede federal or state law, nor should thev be interpreted or construed to do so. If anv provision of this policv conflicts with f ederal or state law, f ederal or state law shall control. Section 4-14 EI1�1b111tV � The provisions of this policv applv to all re�ular full- and part-time classified and unclassified emplovees, includin those servin in an initial evaluation period, and term-limited temporarv emplovees. Section 4-14-2 Definitions A. For ur oses of this olicv, "alternative work assi nment," "li ht dutv and "restricted dutv" are used interchan eablv and shall be defined as temporarv work that is phvsicallv or mentallv less demandin� than the emplovee's re�ular iob duties. An alternative work �,,� c � .. � . assi�nment or li�ht/restricted dutv mav include a reduction in full time eauivalencv, � � ..--� o limitin or alterin duties in the em lovee's existin osition, or tem orarilv reassi nin� the emplovee to another position which he or she is Qualified and capable to perform. B. For purposes of this policv, "work restriction" shall be defined as a restriction that �revents an emplovee from performin� the full scope of his or her iob duties as outlined in the iob description for the emplovee's position. Section 4-14-3 Procedures A. When the Human Resources Department becomes aware that an emplovee has temporarv work restrictions, the Human Resources Department will make everv effort {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 61 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES consistent with the provisions of this policv to offer the emplovee an alternative work assi�nment. B. In order to be considered f or an alternative work assi�nment, an emplovee must present a medical certification from a health care provider specifvin� work restrictions and the expected duration of the restrictions to the Human Resources Department. C. Upon receipt of the certification, the Human Resources Department mav communicate � . with the emplovee's health care provider to clarifv and attain specificitv on phvsical restrictions and limitations relative to specific iob duties and responsibilities. D. The Human Resources Department shall determine whether there are anv alternative work assi�nments within the Town which the emplovee can perf orm �iven the work restrictions. Primarv consideration will be �iven to iob placement within the emplovee's • �. � .!� oi department and re�ular iob duties. However, an emplovee mav also be placed in an � .F' . alternative work assi�nment in another department and / or in another position. An alternative work assi�nment mav also result in a chan�e in the emplovee's work hours. E. An emplovee mav be placed in an assi�nment that is in a lower classification than the emplovee's re ular iob assi ment; however, the emplovee's salarv shall remain the same as it was in the em lovee's re ular 'ob assi ment. Overtime, on-call/stand-bv and call-out pav is not authorized f or emplovees on li�ht dutv status. F. Under no circumstances will the Town create a position solelv f or the purpose of providin� work f or an emplovee who is eli�ible to return to work under a temporarv work restriction. Alternative work assi�nments shall involve productive work that is both useful to the Town and achievable within the restrictions placed on the emplovee. If there is no alternative work assi�nment available for a particular emplovee, the emplovee �. � � .. shall remain on, or be placed on, an appropriate f orm of leave, pursuant to the policies set f orth in this cha G. Emplovees with on the iob iniuries or illnesses shall be �iven pref erence f or alternative work assi ments over emplovees with off the iob iniuries or illnesses, even if an emplovee with an off the 'ob iniurv is alreadv servin in an alternative work assi ment. Thus, if an emplovee with an off the iob iniurv is servin� in an alternative work assi�nment, the Town mav remove that emplovee from the assi�nment if removal is necessarv to provide an alternative work assi�nment for an emplovee with an on the iob in'ur . H. An emplovee who has previouslv been subiect to work restrictions is reQuired to inform the Human Resources Department immediatelv upon receivin� a release to re�ular dutv f rom a health care p rovider. {nnnz_� �ti� 00031988.DOC /} 4 - 46 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 62 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-14-4 Duration An initial alternative work assi�nment mav have a duration of up to 90 davs. The Human _ _ � r� Resources De artment mav extend an alternative work assi ment in increments of u to 90 davs at a time, provided that there remains a reasonable expectation that the emplovee will return to his/her re�ular duties within a reasonable amount of time and that the total time the emplovee is unable to perform the essential functions of his or her re�ular position, with or without a reasonable accommodation, does not exceed the eauivalent of 12 months in anv 24-month eriod. For ur oses of trackin leave time,l2 months will be measured based on 2080 hours f or full-time emplovees and pro-rated f or part-time emplovees. Section 4-14-5 Interaction with Other Laws and Policies A. An emplovee on FMLA leave is not reauired to accept an available alternative work assi�nment. The emplovee mav continue on FMLA leave either until the emplovee is able to return to his/her iob or an eQuivalent iob, or until the 12-week FMLA leave entitlement is exhausted. B. An emplovee receivin� workers' compensation benef its mav f orf eit the ri�ht to those benefits bv refusin� to accept an alternative work assi�nment, as determined bv the Town's workers' com carrier. Section 4-14-6 No Ri�ht to Alternative Work Assi�nment If �ranted, alternative work assi�nments are a privile�e and shall not be considered a ri�ht or entitlement. An em lovee in an alternative work assi nment has no ri hts to that assi ment or anv tasks associated with that assi�nment no matter the duration of the alternative work assi nment. Section 4-14-7 Miscellaneous A. An emplovee in an alternative work assi�nment is subiect to all rules, re�ulations, standards, policies and procedures of the Town and of the department to which the em lovee is assi ed. B. Emplovees servin� in alternative work assi�nments shall receive a f ormal perf ormance appraisal document in accordance with the Town's normal performance mana�ement �rocess. The appraisal shall address the emplovee's iob duties and perf ormance f or the relevant time period, includin� the emplovee's iob duties and performance in the �. � . ., alternative work assi�nment. r C. Emplovees servin in an alternative work assi ment within the same classification as their re�ular position are eli�ible for merit increases based on iob performance and � _ � .. availabilitv of fundin�. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 63 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES D. Emplovees servin� in an alternative work assi�nment outside the classification of their o� t.., � re ular position will be considered f or merit increases on a case-bv-case basis, dependin� upon the level of work bein� performed compared to the emplovee's re�ular assi�nment. Section 4-14-8 No Ri�ht of Apneal The decision of the Town to place or not to place an emplovee in an alternative work assi�nment is not subiect to appeal or review under the personnel action review procedures set f orth in Chapter 5 of these Personnel Policies or Procedures or under anv other Town review / al�peal process. POLICY 4-15 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 Eligibility ��;��The provisions of this policv applv to all re�ular full- and part-time classified and unclassified employees, including those serving in an initial evaluation period, and term-limited temporary employees �� ? � �� y �� ir� -�-�ic� ��iniz 11 � 41 �1�7 {J Vllt, y= 1 ✓ Section 4-15-2 Jury Duty A. Eligible employees shall be granted up to ��ten days of paid jury duty leave � �� d�� any rollin,� 12-month period. B. Employees shall ��; �� provide a copv 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 � � ��? ��:� � ru y f or non-medical purposes. E. Employees shall report f or work while on jury duty whenever the court schedule permits. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 64 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 4-15-3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off �; �for each instance � �7? �; � ��r�; � u; � urr; u� �� ; �� ln which the emplovee is subpoenaed to appear in court as a witness in a case. This section does not applv to emplovees who are subpoenaed to appear in court as a part of their re�ular iob responsibilities, such as police officers. Emplovees who are subpoenaed to appear in court as a part of their re�ular iob responsibilities are considered to be on dutv while respondin� to the subpoena B. Employees shall �� provide a copv of the subpoena to 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 f ee 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 �� x�� f or non-medical purposes. E. Employees under subpoena shall report f or work whenever the court schedule permits. F. Employees are not eligible f or witness duty leave f or time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave balances f or these court matters. Section 4-15-4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off f or voting. The emplovee must applv f or leave f or votin� prior to the election dav B. The employee may be absent f or up to three hours with pay on the day of the election f or the purpose of voting. The amount of leave the emplovee is eli�ible f or shall be determined in accordance with state law, which reauires that an emplovee have three consecutive hours in which to vote. Emplovees are not entitled to votin� leave if thev have three consecutive non-workin� hours in which to vote. � C. The Department Head may specify the hours during which the employee may be absent f or the purpose of voting. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 65 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES D. Employees are expected to vote at a time that minimizes impact on the department opera �-�iz ir�-I-�r��r c�>>r�r��r ��r�iz �r ��-I-� zr�-1-�r�cr ��>>rc� tlons � � � �� .�.�� u� � �� u �� 1 �� ,. E. An employee may be required to provide evidence of eligibility to vote prior to approval for time off. {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: November 7, 2012, September 18, 2012, August 16, 201 l, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 66 of 186 {nnnz_� �ti� 00031988.DOC /} 4 ,,.,,,� � , ��. Revised: August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 67 of 186 Document comparison by Workshare Professional on Tuesday, October 23, 2012 9:32:58 AM I n put: file://C:\Documents and Settings\fcassidy\My Document 1 ID Documents\2012 Personnel Policies Chapter 4 Subdoc (00031762).DOC Description 2012 Personnel Policies Chapter 4 Subdoc (00031762) file://C:\Documents and Settings\fcassidy\My Document 2 ID Documents\Draft revisions to Personnel Policies Chapter 4 (00031988).DOC Description Draft revisions to Personnel Policies Chapter 4(00031988) Rendering set standard �tatisti cs : Count I nsertions 591 Deletions 428 Moved from 33 Moved to 33 Style change 0 Format changed 0 Total changes 1085 Regular Council Meeting - November 7, 2012 - Page 68 of 186 TOWN OF MARANA REVISED PERSONNEL POLICIES AND PROCEDURES Table of Contents CHAPTER 4. EMPLOYMENT BENEFITS AND LEAVES Policy Vacation Leave ..........................................................................................................................................4 SeCt10Yl Ellglblll� ..........................................................................................................................................4 Section 4-1-2 Accrual of Vacation Leave .............................................................................................................4 Section4-1-3 Rate of Accrual ................................................................................................................................4 Section 4-1-4 Maximum Accrued Hours Permitted ................................ ...........................................................5 Section 4-1-5 Request for Vacation Leave ...........................................................................................................5 Section4-1-6 Vacation Leave Pay ................................................................ .........................................................5 Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment .............................................5 Policy Sick Leave ..................................................................................................................................................5 SeCt10Yl Ellglblll� ..........................................................................................................................................6 Section4-2-2 Accrual of Sick Leave ......................................................................................................................6 Section4-2-3 Rate of Accrual ................................................................................................................................6 Section4-2-4 Permitted Uses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 4-2-5 Notification to Supervisor .............................................................................................................. 7 Section4-2-6 Medical Verification ........................................................................................................................7 Section 4-2-7 Additional Conditions of Eligibility .............................................................................................8 Section 4-2-8 No Sick Leave Available ................................................................................................................8 Section 4-2-9 Transfer of Sick Leave Hours to Vacation Leave ........................................................................8 Section 4-2-10 Payment of Sick Leave Upon Termination of Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Policy Personal Leave ..........................................................................................................................................9 SeCt10Yl Ellglblll� ..........................................................................................................................................9 Section 4-3-2 Amount of Personal Leave .............................................................................................................9 Section 4-3-3 Request for Personal Leave ..........................................................................................................10 Section4-3-4 No Accrual .....................................................................................................................................10 Section 4-3-5 Termination of Employment .......................................................................................................10 Policy Holidays ...................................................................................................................................................10 SeCt10Yl Ellglblll� ........................................................................................................................................10 Section 4-4-2 Town-Approved Holidays ................................ ...........................................................................10 Section 4-4-3 Amount of Paid Time Off for Town-Approved Holidays .......................................................11 Section 4-4-4 Miscellaneous Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Section4-4-5 Exception ........................................................................................................................................11 Policy Military Leave .........................................................................................................................................11 SeCt10Yl Ellglblll� ........................................................................................................................................12 Section4-5-2 Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Section 4-5-3 Advance Notice Requirements ................................ ....................................................................12 Section 4-5-4 No Break in Service ................................................................ .......................................................12 Section4-5-5 Return to Work ..............................................................................................................................13 Policy Bereavement Leave ................................................................................................................................13 SeCt10Yl Ellglblll� ........................................................................................................................................13 Section 4-6-2 Amount of Bereavement Leave ...................................................................................................13 {00031988.DOC / } Regular Council Meeting - November 7, 2012 - Page 69 of 186 Section 4-6-3 Request for Bereavement Leave ..................................................................................................13 Section 4-6-4 Definition of Immediate Family ..................................................................................................13 Policy 4-7 Family And Medical Leave ...................................................................................................................14 Section 4-7-1 Qualifying Reasons for FMLA Leave .........................................................................................14 Section4-7-2 Definitions ......................................................................................................................................14 SeCt10Yl Ellglblll� ........................................................................................................................................16 Section4-7-4 Leave Entitlement .........................................................................................................................17 Section 4-7-5 Qualifying Exigency Leave under the NDAA ..........................................................................17 Section 4-7-6 How FMLA Leave is Measured ..................................................................................................18 Section 4-7-7 Use of Accrued Paid Leave ..........................................................................................................18 Section4-7-8 Request for Leave ..........................................................................................................................18 Section 4-7-9 Medical Certification ....................................................................................................................18 Section 4-7-10 Certification for Qualifying Exigency Leave under the NDAA ...........................................19 Section 4-7-11 Designation of Leave as FMLA Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 Section 4-7-12 Determination/Notice of Substantial and Grievous Economic Injury ................................19 Section 4-7-13 Intermittent Leave .......................................................................................................................20 Section 4-7-14 Maintenance of Group Health Plan Benefits ...........................................................................20 Section 4-7-15 Maintenance of Other Benefits ..................................................................................................21 Section 4-7-16 No Break in Service .....................................................................................................................21 Section4-7-17 Additional Leave ................................................................ ......................................................... 22 Section4-7-18 Return to Work ............................................................................................................................22 Section 4-7-19 Termination of Employment .....................................................................................................23 Policy Administrative Leave .............................................................................................................................23 SeCt10Yl Ellglblll� ........................................................................................................................................23 Section 4-8-2 Administrative Leave for Medical Purposes .............................................................................23 Section 4-8-3 Administrative Leave for Non-Medical Purposes ....................................................................24 Section4-8-4 Compensation ................................................................................................................................25 Section 4-8-5 Town-Assigned Administrative Leave ......................................................................................25 Section 4-8-6 Maintenance of Benefits ...............................................................................................................25 Section4-8-7 Return to Work ..............................................................................................................................26 Section 4-8-8 Termination of Employment .......................................................................................................26 Section4-8-9 No Right of Appeal .......................................................................................................................26 Policy Leave Donation .......................................................................................................................................27 Section4-9-1 Definitions ......................................................................................................................................27 SeCt10Yl Ellglblll� ........................................................................................................................................27 Section 4-9-3 Request f or ponated Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section4-9-4 Donation of Leave .........................................................................................................................28 Section 4-9-5 Coordination with Other Payments ...........................................................................................29 Section 4-9-6 Maintenance of Benefits ...............................................................................................................29 Section4-9-7 Leave Accrual ................................................................................................................................29 Policy Group Benef its . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Section 4-10-1 Group Insurance Coverage ........................................................................................................30 Section4-10-2 Retirement Plans .........................................................................................................................30 Section 4-10-3 Employee Assistance Program ..................................................................................................30 Section4-10-4 Voluntary Benefits .......................................................................................................................31 Policy 4-11 Workers' Compensation ......................................................................................................................31 Section 4-11-1 Reporting Requirement ..............................................................................................................31 Section 4-11-2 Determination of Compensability ............................................................................................32 Section4-11-3 Types of Claims ...........................................................................................................................32 Section4-11-4 Use of Leave .................................................................................................................................32 Section 4-11-5 Maintenance of Benefits .............................................................................................................33 Section 4-11-6 Coordination with the Supplemental Benefits Plan for Public Safety Employees .............34 {00031988.DOC / } Regular Council Meeting - November 7, 2012 - Page 70 of 186 Section4-11-7 Miscellaneous ..............................................................................................................................34 Policy 4-12 Supplemental Benefits Plan for Public Safety Employees ..............................................................34 Section4-12-1 Definitions ....................................................................................................................................35 SeCt10Yl Ellglblll� ......................................................................................................................................35 Section 4-12-3 Supplemental Compensation ....................................................................................................35 Section 4-12-4 Application Procedures ..............................................................................................................36 Section 4-12-5 Maintenance of Benefits .............................................................................................................36 Section 4-12-6 Paid Leave Balances ....................................................................................................................37 Section4-12-7 Miscellaneous ..............................................................................................................................38 Policy 4-13 Benef its Continuation/ COBRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Section4-13-1 Payments ......................................................................................................................................38 Section 4-13-2 Written Notification of Eligibility .............................................................................................38 Policy 4-14 Alternative Work Assignments/ Light Duty .....................................................................................38 Section4-14-1 Eligibility ......................................................................................................................................39 Section4-14-2 Definitions ....................................................................................................................................39 Section4-14-3 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Section4-14-4 Duration .......................................................................................................................................40 Section 4-14-5 Interaction with Other Laws and Policies ................................................................................41 Section 4-14-6 No Right to Alternative Work Assignment .............................................................................41 Section4-14-7 Miscellaneous ..............................................................................................................................41 Section 4-14-8 No Right of Appeal .....................................................................................................................41 Policy Civic Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Section 4-15-1 Eligibility ......................................................................................................................................42 Section4-15-2 Jury Duty ......................................................................................................................................42 Section4-15-3 Witness Duty ...............................................................................................................................42 Section4-15-4 Voting ...........................................................................................................................................43 {00031988.DOC / } Regular Council Meeting - November 7, 2012 - Page 71 of 186 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 provisions of this policy apply 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 4-1-2 Accrual of Vacation Leave A. Eligible employees shall begin to accrue vacation leave on their effective date of hire. B. When an employee is on leave and a portion of the leave is unpaid, the employee shall accrue vacation leave on a prorated basis, based on the number of hours paid by the Town during the pay period. When an employee is on leave and receives no compensation from the Town, the employee shall not accrue vacation leave. C. Vacation leave 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 accrue paid vacation leave at the rate shown in the f ollowing schedule: Vacation Accrual Rate Length of Service Vacation Days 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 accrue vacation leave on a prorated basis each pay period based on the number of hours paid by the Town during the pay period. 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 f or greater than (>) f ive years on the day af ter the employee's f if th anniversary; theref ore, the employee shall begin earning at the higher accrual rate for the pay period in which this date falls. D. 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 {00031988.DOC / } 4-4 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 72 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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. Theref ore, employees shall not be credited f or 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 bef ore vacation leave hours are f orf eited. B. In extenuating circumstances, the Town Manager may approve an exception to this provision and grant an employee an additional 90 calendar days to come into compliance with the 240-hour rule without f orf eiting any vacation leave . This exception will only be granted once per rolling 12-month period. If the employee f ails to come into compliance with the 240-hour rule within the additional 90-day period, the employee will forfeit all accrued vacation leave in excess of 240 hours. Section 4-1-5 Request f or 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 f actors, 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 assignment pay, at the time of the leave. Vacation leave pay shall not include overtime or any adjustments to pay such as shift differential. Section 4-1-7 Payment of Vacation Leave Upon Termination of Employment Upon termination of employment, employees shall be paid at their base rate of pay f or any unused accrued vacation leave earned through the last day of work. POLICY 4-2 SICK LEAVE The Town of Marana provides sick leave with pay as income protection to eligible employees. {00031988.DOC / } 4-5 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 73 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-2-1 Eligibility The provisions of this policy apply 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 4-2-2 Accrual of Sick Leave A. Eligible employees begin to accrue sick leave on their effective date of hire. B. When an employee is on leave and a portion of the leave is unpaid, the employee shall accrue sick leave on a prorated basis, based on the number of hours paid by the Town during the pay period. When an employee is on leave and receives no compensation from the Town, the employee shall not accrue sick leave. C. Sick leave shall accrue without limit. Section 4-2-3 Rate of Accrual A. Eligible full-time employees shall accrue sick leave at the rate of 3.08 hours per pay period. B. Eligible part-time employees shall accrue sick leave on a prorated basis each pay period based on the number of hours paid by the Town during the pay period. 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 f or the f ollowing 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 3. Surgical, medical, dental or optical appointments, including regular, preventative care appointments, that must be made during working hours and travel time to and from such appointments. 4. Illness or injury of immediate family member or surgical, medical, dental or optical appointments, including regular, preventative care appointments, for an immediate family member and related travel time to and from a physician's office. For purposes of this policy, "immediate family member" shall 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 f amily circumstances, has been a parent substitute to the employee may be considered the mother or f ather in this def inition. {00031988.DOC / } 4-6 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 74 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-2-5 Notif ication to Supervisor A. For unplanned absences, such as when an employee is unable to report to work due to illness or injury, the employee shall notify his or her direct supervisor before the scheduled start of the employee's work day. The employee shall also contact his or her direct supervisor on each additional day of absence unless the employee is on FMLA leave or has notif ied the supervisor in advance of the number of days the employee will be absent. Upon return to work, the employee shall submit a leave request f orm to his or her direct supervisor for the time missed. Requests for leave are subject to the approval of the supervisor and the supervisor may require the employee to submit a medical verification statement from a health care provider verifying the need for the sick leave absence. B. For planned absences pursuant to this policy, such as a planned appointment or medical procedure, an employee shall submit a leave request f orm to his or her direct supervisor as soon as the employee becomes aware of the need for the planned absence. Requests for leave are subject to the approval of the supervisor and the supervisor may require the employee to submit a medical verif ication statement f rom a health care provider verifying the need for the sick leave absence. Section 4-2-6 Medical Verification A. If an employee uses sick leave f or three or more consecutive days, the employee's supervisor or Department Head may require the employee to submit a medical verification statement from a health care provider verifying the need for the sick leave absence. B. If an employee exhibits an unusual pattern of sick leave absences, such as recurring absences on the days immediately preceding and/or immediately following the employee's regularly scheduled days off or Town-approved holidays, the employee's supervisor or Department Head may require the employee to submit a medical verification statement from a health care provider verifying the need for the sick leave absence. C. If the employee fails to provide the required medical verification or if the employee's Department Head determines, in consultation with the Human Resources Director or designee, that the verif ication 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. {00031988.DOC / } 4-7 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 75 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-2-7 Additional Conditions of Eligibility A. When applicable, an employee requesting to use sick leave must apply f or any other available compensation and benefits that the employee may be eligible to receive under disability insurance coverage provided by the Town, such as workers' compensation and short- and long-term disability. B. Sick leave benefits may be used to supplement any payments that an employee is eligible to receive from workers' compensation or any disability insurance programs paid for by the Town. C. The employee's pay shall not exceed the employee's normal weekly earnings through any combination of paid leave and other payments received by the employee, such as disability insurance payments, or workers' compensation benefits. If the combination of payments results in the employee being paid more than his or her normal weekly earnings, the Town shall require the employee to reimburse the Town f or the overpayment. Section 4-2-8 No Sick Leave Available An employee who has exhausted accrued sick leave may request leave without pay. Section 4-2-9 Transf er 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 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 transf er in writing to the Finance Dep artment by the deadline set by the Finance Department. If an employee does not request the transf er, the hours will not automatically be transf erred. C. Hours not transferred shall remain in the employee's sick leave balance each calendar year until they are approved f or use in accordance with the sick leave policies in this chapter. D. If the transfer of sick leave hours to the employee's vacation leave total would cause the employee's accrued vacation leave to exceed the maximum vacation leave hours allowed under this chapter, the employee's request f or transf er shall be denied. Section 4-2-10 Payment of Sick Leave Upon Termination of Employment A. Employees shall not be compensated for unused accrued sick leave upon termination of employment. {00031988.DOC / } 4-g Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 76 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. If a regular full- or part-time classified employee is laid off and then recalled within a 12 calendar month period following the effective date of the layoff, the employee's previous unused accrued sick leave balance shall be restored at the time of the employee's re-employment. POLICY 4-3 PERSONAL LEAVE The Town of Marana provides personal leave with pay to eligible employees. Section 4-3-1 Eligibility The provisions of this policy apply 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 4-3-2 Amount of Personal Leave A. Eligible full-time employees shall receive 16 hours of personal leave each calendar year. B. When an employee is on leave at the beginning of a calendar year, even if a portion of the leave is unpaid, the employee shall still receive the full allotment of personal leave. C. 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 f ollowing 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 D of this section, the additional leave shall be granted to the employee f or 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 personal leave. The Town Manager's decision {00031988.DOC / } 4-9 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 77 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES regarding personal leave is not subject to review under the personnel action review procedures set f orth in Chapter 5 of these Personnel Policies and Procedures. Section 4-3-3 Request f or Personal Leave A. Eligible employees may request to use personal leave after 30 days of employment. However, if the Town Manager grants additional personal leave to an employee pursuant to the provisions of this policy, the Town Manager may waive the required 30 day waiting period. B. Employees shall submit personal leave requests to their supervisor before taking any time off . Requests will be reviewed based on a number of f actors, including Town needs and staffing requirements. Section 4-3-4 No Accrual Personal leave does not 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 f or unused accrued personal leave upon termination of employment. 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 provisions of this policy apply 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 f or each calendar year are as f ollows. 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) {00031988.DOC / } 4-10 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 78 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 4. Memorial Day (last Monday in May) 5. Independence Day (July 4) 6. Labor Day (f irst Monday in September) 7. Veterans' Day (November 11) 8. Thanksgiving Day (f ourth Thursday in November) 9. Day af ter Thanksgiving (f ourth 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 scheduled 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 f alls 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 Town-approved holiday and deductions will not be taken from the employee's vacation, personal or sick leave balances f or 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. POLICY 4-5 MILITARY LEAVE The Town of Marana shall grant a military leave of absence to any eligible employee to attend scheduled drills or training or if called to active duty with the United States armed services. {00031988.DOC / } 4-11 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 79 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES The provisions of this policy are not intended to conf lict with or supersede state or f ederal law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state or federal law, state or federal law shall control. Section 4-'J Eligibility Employee eligibility f or military leave shall be determined in accordance with the provisions of applicable state and f ederal law. Section 4-5-2 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 military leave that may be unpaid or paid via the employee's use of accrued vacation, personal or compensatory leave balances. Any request to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. Section 4-5-3 Advance Notice Requirements A. An employee ordered to military service shall provide his or her Department Head with advance notification of the leave, unless giving advance notice is prevented by military necessity or is otherwise impossible or unreasonable under the circumstances. The notice may either verbal or written. The United States Def ense Department strongly recommends that advance notice be provided at least 30 days prior to departure f or unif ormed service when it is f easible to do so. B. Additionally, the Town requests that the employee provide his or her Department Head with a copy of the employee's military orders as soon as practicable. Section 4-5-4 No Break in Service Time spent in active military service is not considered a break in service f or purposes of determining seniority or leave accrual rates. {00031988.DOC / } 4-12 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 80 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-5-5 Return to Work If an employee fails to report to work within the timeframes established under the Unif ormed Services Employment and Reemployment Rights Act of 1994 (USERRA) at the conclusion of the military leave, and has not submitted a written request f or additional leave, the employee is considered to have resigned. POLICY 4-6 BEREAVEMENT LEAVE The Town of Marana provides bereavement leave with pay to eligible employees. Section 4-6-1 Eligibility The provisions of this policy apply 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 4-6-2 Amount of Bereavement Leave A. Eligible employees shall receive up to three days bereavement leave f or 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 f or additional time off as necessary. Any request to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. Section 4-6-3 Request f or 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 f or 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" shall be defined as the employee's spouse, parent, child, brother, sister, grandparent, grandchild, mother-in-law, f ather-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or step-child and any other person whose association with the employee was similar to any of the above relationships. {00031988.DOC / } 4-13 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 81 of 186 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 Def ense Authorization Acts (NDAA) of 2008 and 2010, the Town of Marana provides job-protected f amily and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. The provisions of this policy are not intended to conflict with or supersede federal law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with federal law, federal law shall control. Section 4-7-1 Qualifying Reasons f or FMLA Leave Eligible employees may qualif y f or FMLA leave f or one or more of the f ollowing 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 f or adoption or f oster care. D. To care f or the employee's spouse, child or parent with a serious health condition. E. To care f or 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. 2. A veteran who is undergoing medical treatment, recuperation or therapy f or 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 {00031988.DOC / } 4-14 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 82 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES the date on which the veteran undergoes that medical treatment, recuperation or therapy. C. Group health plan. A plan (including a self-insured plan) of, or contributed to by, an employer or employee organization to provide health care (directly or otherwise) to the employees, f ormer employees, the employer, others associated or f ormerly associated with the employer in a business relationship, or their families. D. Health care provider. Health care providers who may provide certification of a serious health condition include: 1. 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 perf orming 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 benef its 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. Key employee. A salaried FMLA-eligible employee who is among the highest paid ten percent of all Town employees, as determined pursuant to the provisions of the FMLA and accompanying regulations. F. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the f ollowing: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care f acility 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 f or prenatal care {00031988.DOC / } 4-15 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 83 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 f or 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 theref rom) by, or on ref erral by, a health care provider f or a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) G. Serious injury or illness. 1. 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 bef ore 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 bef ore 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 manif ested itself bef ore or af ter 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: 1. Worked f or the Town f or 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. B. The 12 months required by paragraph (A)(1) above need not be consecutive months. If an employee is maintained on the payroll f or 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 qualif ies as "at least 12 months,"' 52 weeks is deemed to be equal to 12 months. {00031988.DOC / } 4-16 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 84 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 f or leave to care f or 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 f or leave to care f or 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 f or childbirth, adoption or placement of a f oster child, or to care f or 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 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 any 12-month period f or one or more of the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment B. Military events and related activities C. Childcare and school activities D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. 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. {00031988.DOC / } 4-17 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 85 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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 f or 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 unpaid leave, unless an employee uses accrued paid leave balances during the FMLA leave period as described in this section. The Town requires employees to use any accrued paid leave balances concurrently with approved FMLA leave to the extent necessary f or the employee to cover payment of the employee's share of any insurance premiums. The employee may choose to use only the amount of paid leave necessary to cover the cost of the insurance premiums and to save other accrued leave balances for future use, or the employee may choose to use accrued paid leave balances to cover his or her full salary. The use of paid leave time is subject to the leave policies set forth in this chapter. Section 4-7-8 Request f or Leave A. Eligible employees shall submit a written request f or 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 f or leave to the Human Resources Department as soon as practicable f or unf oreseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unf oreseen 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 f or their own serious health condition or f or the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember are 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 certif ication. {00031988.DOC / } 4-18 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 86 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-7-10 Certif ication f or 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 f acts regarding the qualif ying exigency f or which the le ave 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 f irst time an employee requests leave f or a qualif ying 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 Town shall designate the leave as FMLA and inf orm the employee of the designation within f ive business days af ter receiving the employee's request f or leave. Section 4-7-12 Determination/Notice of Substantial and Grievous Economic Injury A. When a key employee gives notice of the need for FMLA leave and the Town makes a good faith determination, based on the facts available, that substantial and grievous economic injury will occur to the Town's operations if the key employee is reinstated at the conclusion of the leave period, the Town shall provide written notice of the determination to the key employee as soon as practicable . The notice shall inf orm the employee that the Town cannot deny FMLA leave, but that the Town intends to deny restoration to employment upon completion of the key employee's FMLA leave. If FMLA leave has already commenced, the notice shall provide the key employee a reasonable time f rame in which to return to work, taking into account the circumstances, such as the length of the leave and the urgency of the need f or the employee to return. B. If the key employee commences the leave despite the Town's notice, or if a key employee already on leave at the time of the notice does not return to work in response to the Town's notice, the key employee's rights under FMLA continue unless and until the employee either gives notice that he or she no longer wishes to return to work, or the Town actually denies reinstatement at the conclusion of the leave period. {00031988.DOC / } 4-19 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 87 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. The Town shall make the determination of whether the reinstatement of the key employee will cause substantial and grievous economic injury in accordance with the applicable provisions of the FMLA and accompanying regulations. D. If the Town fails to provide timely notice of the determination to the key employee, the Town shall reinstate the employee even if substantial and grievous economic injury will result f rom reinstatement. Section 4-7-13 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 f or a serious health condition or to care f or a f amily member with a serious health condition or to care f or 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 f or 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. C. An employee is not guaranteed Intermittent FMLA leave for childbirth, adoption or placement of a f oster 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 transf er an employee on intermittent leave to a diff erent position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-14 Maintenance of Group Health Plan Benefits A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marana shall maintain group health plan benefits, including family coverage, f or 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 group health plan insurance premium, if any, through payroll deductions. {00031988.DOC / } 4-20 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 88 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments f or his or her share of the group health plan insurance premium, if any. 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 bef ore 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 f ederal COBRA law shall apply. D. The Town's obligation to maintain group health plan benefits under this section stops if and when the employee inf orms 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 group health plan insurance coverage f or an employee who f ails to return to work f rom FMLA leave. Section 4-7-15 Maintenance of Other Benef its A. The Town has no obligation to maintain insurance and other benef its, such as lif e insurance or disability insurance, that are not considered to be a"group health plan", while an employee is on FMLA leave. The Town will meet its responsibilities to provide equivalent benefits to the employee upon return from FMLA leave. 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 any non-group health plan insurance premiums through payroll deductions. C. An employee who is on unpaid FMLA leave must make payment arrangements with the Human Resources and Finance Departments f or his or her share of any non-group health plan insurances premiums. 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 bef ore coverage is to be dropped. If the Town pays any of the employee's share of non-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. Section 4-7-16 No Break in Service The use of FMLA leave is not considered a break in service f or purposes of determining seniority or leave accrual rates. {00031988.DOC / } 4-21 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 89 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-7-17 Additional Leave A. If the employee is unable to perform the full essential functions of his or her position, with or without a reasonable accommodation, at the conclusion of the FMLA leave period, or if the employee needs additional time to care f or a child, spouse or parent with a serious health condition or a covered servicemember with a serious injury or illness, the employee may request administrative leave f or medical purposes pursuant to Policy 4-8. B. The Town may require updated medical certifications to support the need for the additional leave. C. The Town is not obligated to grant administrative leave f or medical purposes, but will review the request taking into consideration the Town's operational needs and staffing requirements. Section 4-7-18 Return to Work A. Employees returning from FMLA leave generally have the right to return to their same position or an equivalent position, with equivalent pay, benefits and working conditions at the conclusion of the leave, unless the employee inf orms the Town of an intent not to return f rom leave or the employee f ails to return f rom leave or continues on a leave af ter exhausting his or her FMLA leave entitlement in a 12-month period. B. 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. C. An employee on FMLA leave f or the employee's own serious health condition shall provide a certification of fitness to return to work from a health care provider to the Human Resources Department prior to or immediately upon returning to work. If the employee does not provide the certification, the Town may delay restoring the employee to employment until the certification is provided. If any work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assignments/ light duty may apply. D. A key employee who has been notified that restoration to employment will cause substantial and grievous economic injury to the Town's operations may still request reinstatement at the end of the leave period. The Town shall then make a final determination as to whether reinstatement will cause substantial and grievous economic injury, based on the f acts available at the time the employee requests restoration. If the Town determines again that substantial and grievous economic injury will result, the Town shall notify the key employee in writing of the denial of restoration. {00031988.DOC / } 4-22 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 90 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-7-19 Termination of Employment A. If an employee is unable to perform the full essential functions of his or her position, with or without a reasonable accommodation, at the conclusion of the FMLA leave and a request f or administrative leave f or medical purposes has been denied, or the employee has been unable to perform the full essential functions of his or her regular position, with or without a reasonable accommodation, f or greater than 12 months in a 24-month period, the Town may initiate separation of employment. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full-time employees and pro- rated f or part-time employees. B. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. C. If an employee fails to report to work at the conclusion of the FMLA leave period and has not submitted a written request to use other f orms of leave, the employee is considered to have resigned. POLICY 4-8 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-8-1 Eligibility The provisions of this policy apply 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 4-8-2 Administrative Leave f or Medical Purposes A. Eligible employees who are either not eligible f or FMLA leave or who have exhausted the FMLA leave period may request administrative leave f or medical purposes f or any of the reasons that are listed in Section 4-7-1(A) through (E) of these Personnel Policies and Procedures. Employees may not use administrative leave f or medical purposes f or exigencies related to the active duty or call to active duty of a covered military member, as defined in the FMLA and the NDAA. B. Eligible employees shall submit a written request f or administrative leave f or medical purposes to the Human Resources Department at least 30 days in advance of foreseeable events. C. Eligible employees shall submit a written request f or administrative leave f or medical purposes to the Human Resources Department as soon as practicable f or unf oreseeable {00031988.DOC / } 4-23 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 91 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES events or within no more than two working days af ter learning of the unf oreseen need for administrative leave for medical purposes. An employee requesting unforeseen administrative leave f or medical purposes has the obligation to comply with the Town s regular attendance and reporting requirements. D. Requests f or administrative leave f or medical purposes must be accompanied by a medical certification from a health care provider documenting the medical necessity for and expected duration of the leave. E. The Human Resources Department shall review the request for administrative leave for medical purposes with the employee's Department Head and General Manager, where applicable. In considering the leave request, the Town shall consider the impact to the Town's operations and staffing requirements. F. The Human Resources Department, in consultation with the Department Head and General Manager, where applicable, may grant administrative leave f or medical purposes in increments of up to 90 days 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 f or full-time employees and pro-rated f or part-time employees. Section 4-8-3 Administrative Leave f or Non-Medical Purposes A. Eligible employees who have completed one year of continuous employment with the Town may request administrative leave f or non-medical purposes, such as a sabbatical. Employees shall not use administrative leave for non-medical purposes to work for another employer or to pursue self-employment. B. Eligible employees shall submit a written request f or administrative leave f or non- medical purposes to their Department Head at least 30 days prior to the start of the requested leave. C. The Department Head shall review the request for administrative leave for non-medical purposes with the General Manager, where applicable, and the Human Resources Department. The Department Head, General Manager, where applicable, and the Human Resources Department shall make a recommendation to the Town Manager regarding the request f or administrative leave f or non-medical purposes. In considering the leave request, the Town Manager, or designee, shall consider the impact to the Town's operations and staffing requirements, as well as any potential benefit to the Town resulting from the employee's leave. D. The Town Manager may grant administrative leave f or non-medical purposes in any increment, f or a maximum of up to 90 total days of leave. {00031988.DOC / } 4-24 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 92 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-8-4 Compensation A. Administrative leave f or medical or non-medical purposes may be paid or unpaid, as described in this section. B. The Town requires employees to use any accrued paid leave balances concurrently with approved administrative leave to the extent necessary f or the employee to cover payment of the employee's share of any insurance premiums. The employee may choose to use only the amount of paid leave necessary to cover the cost of the insurance premiums and to save other accrued leave balances for future use, or the employee may choose to use accrued paid leave balances to cover his or her full salary. The use of paid leave time is subject to the leave policies set forth in this chapter. C. If an employee does not have any accrued paid leave balances or exhausts all paid leave, the employee shall be placed on unpaid administrative leave. Section 4-8-5 Town-Assigned Administrative Leave A. A Department Head, General Manager or the Human Resources Department may, with the approval of the Human Resources Director, assign an employee to administrative leave with pay for a specific non disciplinary reason or purpose, such as pending the results of a f itness-f or-duty examination. B. When an employee is assigned to administrative leave pursuant to this section, any documentation placed in the employee's official personnel file shall specifically note that the administrative leave is f or non-disciplinary reasons. C. Town-assigned administrative leave shall ordinarily not exceed 21 calendar days. The Human Resources Department may authorize an extension in extenuating circumstances. Section 4-8-6 Maintenance of Benefits A. An employee who is on paid administrative leave via the use of accrued leave balances shall continue to pay his or her share of any group health plan and other insurance premiums through payroll deductions. B. An employee who is on unpaid administrative leave must pay both the employee's and the Town's share of any group health plan and other insurance premiums in order to maintain coverage. The employee must make payment arrangements with the Human Resources and Finance Departments. 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 bef ore coverage is to be dropped. If the Town pays any of the employee's or the Town's share of group health plan or other premiums in order to maintain coverage, the {00031988.DOC / } 4-25 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 93 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the f ederal COBRA law shall apply. Section 4-8-7 Return to Work A. The Town is not obligated to hold a position vacant or to return an employee to a position f ollowing an unpaid administrative leave that is not part of an approved FMLA absence. B. An employee on administrative leave f or medical purposes shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. C. An employee on administrative leave f or medical purposes f or the employee's own serious health condition shall provide a certif ication of f itness to return to work f rom a health care provider to the Human Resources Department prior to or immediately upon returning to work. If the employee does not provide the certif ication, the Town may delay restoring the employee to employment until the certification is provided. If any work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assignments/ light duty may apply Section 4-8-8 Termination of Employment A. If an employee 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 medical purposes and a request for further leave has been denied, or the employee has been unable to perform the full essential functions of his or her regular position, with or without a reasonable accommodation, f or greater than 12 months in a 24-month period, the Town may initiate separation of employment. For purposes of tracking leave time, 12 months will be measured based on 2080 hours for full-time employees and pro- rated f or part-time employees. B. If an employee f ails to report to work at the conclusion of administrative leave and has not submitted a written request to use other f orms of leave, the employee is considered to have resigned. Section 4-8-9 No Right of Appeal The denial of a request for administrative leave, or the placement of an employee on Town assigned leave, is not subject to appeal under the personnel action review procedures set f orth in Chapter 5 of these Personnel Policies and Procedures. {00031988.DOC / } 4-26 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 94 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES POLICY 4-9 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 health condition of an immediate family member as defined in this policy. Section 4-9-1 Definitions A. For purposes of this policy, "serious health condition" shall be defined as set forth in Policy 4-7 (Family and Medical Leave) of these Personnel Policies and Procedures. B. For purposes of this policy, "immediate f amily member" shall be def ined as set f orth in Policy 4-2 (Sick Leave) of these Personnel Policies and Procedures. Section 4-9-2 Eligibility A. The provisions of this policy apply 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. To be eligible to receive and use donated leave, employees must meet all of the f ollowing criteria: 1. Be on approved FMLA leave or administrative leave f or medical purposes. 2. Have exhausted all accrued paid leave balances that the employee is eligible to use. 3. Have applied for any other available compensation and benefits that the employee may be eligible to receive under disability insurance coverage provided by the Town, such as workers' compensation and short- and long-term disability. C. 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. Section 4-9-3 Request f or ponated Leave A. Employees may request donated leave by submitting a completed request f orm, 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 health care provider documenting the medical necessity f or and expected duration of the leave with the completed f orm. {00031988.DOC / } 4-27 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 95 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. Employees must submit a new request f orm f or each FMLA leave or administrative leave for medical purposes period during which the employee desires to receive and use donated leave. C. The Human Resources Department will review the request to ensure the employee's eligibility. If the employee is eligible, the Human Resources Department will then post the request for donated leave in a location to be determined by the Human Resources Department. Section 4-9-4 Donation of Leave A. Employees may donate leave by submitting a completed leave donation f orm, available in the Human Resources Department, to the Human Resources Department. The identity of donating employees will be kept confidential. B. Employees must submit a new leave donation f orm f or each FMLA leave or administrative leave f or medical purposes period during which the employee desires to donate leave and f or each person the employee desires to donate leave to. C. Employees may donate vacation or sick leave, pursuant to the f ollowing conditions: 1. Donating employees must maintain a total cumulative balance of 80 hours of sick and vacation leave. 2. Employees may only donate up to 40 hours of sick leave per calendar year. Employees may donate as much vacation leave as they choose, provided that the mandated 80-hour balance is maintained. D. Employees must donate leave in full day increments, based on the number of hours in the receiving employee's work day. That is, if the receiving employee works eight hour days, the donating employee must donate leave in eight-hour increments; if the receiving employee works ten hour days, the donating employee must donate leave in ten-hour increments, and so on. E. Employees must pledge up to a certain maximum amount of leave hours they will donate for a particular employee during a particular leave period. The pledged leave hours will remain in the donating employees leave banks unless and until they are needed by the receiving employee, at which time the Finance Department will draw from the pledged leave hours. F. The Human Resources Department will review the leave donation f orm to ensure that the donation complies with the provisions of this policy. As the Finance Department draws from the pledged leave hours, the Finance Department will monitor the donation to ensure continued compliance with the mandatory 80-hour leave balance provision of this policy. {00031988.DOC / } 4-2g Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 96 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES G. If more than one employee donates leave to a particular employee, leave will be deducted from the donors' leave balances on a rotating basis, in the order it was donated, in full day increments, based on the number of hours in the receiving employee's work day. H. There is no limit on the amount of donated leave eligible employees may receive, except 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, shall not exceed the equivalent of 12 months in any 24-month period. For purposes of tracking leave time,l2 months will be measured based on 2080 hours f or full-time employees and pro-rated f or part-time employees. I. Donated leave hours may only be drawn from and used by the receiving employee while the donating employee is an active Town employee. J. The receiving employee and the Town are under no obligation to repay any used donated leave to the donating employee. Section 4-9-5 Coordination with Other Payments The employee's pay shall not exceed the employee's normal weekly earnings through any combination of donated leave and other payments received by the employee, such as workers' compensation benefits or disability insurance payments. If the combination of payments results in the employee being paid more than his or her normal weekly earnings, the Town shall require the employee to reimburse the Town f or the overpayment. Section 4-9-6 Maintenance of Benefits An employee who is on leave and using donated leave shall continue to pay his or her share of any group health plan and other insurance premiums through payroll deductions. Section 4-9-7 Leave Accrual A. An employee who is on leave and using donated leave shall not accrue any sick or vacation leave during the leave period. B. An employee who is on leave and using donated leave at the beginning of a calendar year shall still receive the full allotment of personal leave. POLICY 4-10 GROUP BENEFITS The Town of Marana provides group benefits coverage as determined by the Town Council for eligible employees. The Human Resources Department is responsible f or implementation and administration of all group benefits and insurance plans. {00031988.DOC / } 4-29 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 97 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-10-1 Group Insurance Coverage A. For purposes of this policy "group insurance coverage" may include health, income protection and lif e insurance plans contributed to by the Town and employees. B. The Town contributes to the costs of 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 coverage f or eligible dependents of these employees. Section 4-10-2 Retirement Plans A. The Town participates in the Arizona State Retirement System (ASRS), the Public Saf ety Personnel Retirement System (PSPRS) for sworn police personnel, and the Corrections Officer Retirement Plan (CORP) for dispatchers hired prior to November 24, 2009. These retirement systems are governed by state law and 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. B. Employees whose normal work week is 20 hours or more and who have met the eligibility requirements of the retirement plan are required to participate in ASRS or, where applicable, PSPRS or CORP. C. Retirement benef its accrue f rom both employee and employer contributions. The amount of the contributions is determined by state law. D. Employees are vested in accordance with the provisions of the retirement plan in which they are enrolled. E. If an employee terminates service without retiring, accrued contributions are refundable in accordance with the applicable plan's rules and state law. Section 4-10-3 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, term-limited temporary employees and short-term temporary employees. B. When an employee voluntarily seeks assistance from the EAP, confidentiality is maintained. The Town will not be inf ormed that help has been sought unless the employee requests that the information be released. C. When stress or personal problems interf ere with job perf ormance, 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 {00031988.DOC / } 4-30 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 98 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES confidentiality and will only verify that the employee has participated as required by the Town. D. Use of the employee assistance program may be a condition of continued employment if the Towri 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 f rom disciplinary action f or substandard perf ormance or misconduct. Section 4-10-4 Voluntary Benefits The Town may of f er other voluntary benef its, such as benef its f or dependents . Voluntary benefits are fully paid by the employee. POLICY 4-11 WORKERS' COMPENSATION Under Arizona law, it is mandatory f or employers to secure workers' compensation insurance f or their employees. Workers' compensation is a"no f ault" system in which an injured or ill employee is entitled to receive benefits for a job-related injury or illness, no matter who caused the injury or illness. If an illness or injury is job-related, then the injured employee is eligible to receive medical benefits and may receive temporary compensation, if eligibility requirements are met. In some cases, a claimant may also receive permanent compensation benefits, job retraining, and supportive medical care. 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 4-11-1 Reporting Requirement A. Employees shall immediately report any job-related accident, illness or injury, regardless of severity, to their immediate supervisor. If the employee's immediate supervisor is not available, or if the employee's immediate supervisor is the employee's Department Head, the employee shall report the accident, injury or illness to the employee's Department Head. B. The employee's supervisor or Department Head shall ensure that the accident, injury or illness is reported to the Human Resources Department no later than the next business day. C. In addition, employees shall f ollow the reporting procedures established by the Human Resources Department, to include completing and submitting any required forms. {00031988.DOC / } 4-31 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 99 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-11-2 Determination of Compensability The Towri s workers' compensation carrier will determine compensability for job related injuries and illnesses. Section 4-11-3 Types of Claims A. Medical Only Claims. Pursuant to state law, if an employee is off work for seven calendar days or less due to a job-related injury or illness determined to be compensable, the workers' compensation carrier will pay all of the employee's medical expenses associated with the job related injury or illness, but will not pay compensation benefits f or lost wages. The day of the injury or onset of illness is not included in the calculation. B. Time Lost Claims. Pursuant to state law, if an employee is off work for more than seven calendar days due to a job-related injury or illness determined to be compensable, the workers' compensation carrier will pay all of the employee's medical expenses associated with the job related injury or illness and some compensation benefits for lost wages, depending upon the number of days the employee is off work. The day of the injury or onset of illness is not included in the calculation. 1. If the employee is off work for more than seven calendar days but less than 14 calendar days, the workers' compensation carrier will provide compensation benefits for lost wages at the state-mandated percentage of the employee's average monthly wage for each day off work after the first seven calendar days. 2. If the employee is off work for 14 calendar days or more, the workers' compensation carrier will provide compensation benef its f or lost wages at the state-mandated percentage of the employee's average monthly wage for each day off work retroactive to the first day off work after the day of the injury or onset of illness. Section 4-11-4 Use of Leave A. On the day of the accident, injury or illness, the employee will not be required to use sick or other leave f or an absence that is a direct result of the accident, injury or illness . The employee shall record time spent during the work day addressing the accident, injury or illness, such as seeking medical attention, as "industrial leave" on his or her time sheet or attendance record. The employee will not be paid wages f or any time spent addressing the accident, injury or illness outside the employee's scheduled work day. B. Beginning with the first work day following the day of the accident, injury or onset of illness, the employee may use any accrued leave balances f or absences related to the accident, injury or illness. Any request to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. {00031988.DOC / } 4-32 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 100 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES C. If the employee used accrued leave balances f or time lost and the workers' compensation carrier then provides retroactive compensation benefits for lost wages, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave f or the time lost that is retroactively paid through compensation benef its . 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. D. The employee's pay shall not exceed the employee's normal weekly earnings through any combination of workers' compensation benefits, paid leave and other payments received by the employee. If the combination of payments 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 any absences during which the employee is receiving compensation benefits for lost wages from the workers' compensation carrier, the payroll liaison for the employee's department shall record the employee's time on a time sheet or attendance record allocating that portion of the employee's time that is being paid by the workers' compensation carrier as "industrial leave" and the remainder of the employee's time as paid or unpaid leave, as applicable. F. When an employee with a job-related injury or illness returns to work, either in his or her normal assignment or in an alternative work assignment (light/ restricted duty), the employee must use sick leave or other approved leave f or absences due to medical appointments, including physical therapy, for the job-related injury or illness. Any request to use paid leave balances will be considered in accordance with the leave policies set f orth in this chapter. G. The Town shall not approve the use of sick or vacation leave f or an employee who has an injury, illness or disease incurred while employed by another employer. Section 4-11-5 Maintenance of Benefits A. An employee who uses accrued paid leave balances to supplement compensation benefits for lost wages due to a job-related injury or illness shall continue to pay his or her share of any group health plan and other insurance premiums through payroll deductions. B. An employee who does not use accrued paid leave balances to supplement compensation benefits for lost wages due to a job-related injury or illness shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of any group health plan and other insurance premiums. 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 {00031988.DOC / } 4-33 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 101 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES pays any of the employee's share of group health plan or other premiums in order to maintain coverage, the Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the f ederal COBRA law shall apply. Section 4-11-6 Coordination with the Supplemental Benefits Plan for Public Safety Employees If any of the provisions of this policy conflict with the provisions of the supplemental benef its plan f or public saf ety employees, as set f orth in Policy 4-12 of these Personnel Policies and Procedures, the provisions of the supplemental benefits plan shall govern for eligible public saf ety employees. Section 4-11-7 Miscellaneous A. A job-related injury or illness may also be considered a"serious health condition" under the Family and Medical Leave Act (FMLA) . In such cases, the Town will designate the employee's absence as FMLA-qualifying, will give notice of the designation to the employee and the FMLA provisions described in these Personnel Policies and Procedures will apply. B. An employee returning from leave following a job-related injury or illness shall provide a certif ication of f itness to return to work f rom a health care provider to the Human Resources Department prior to or immediately upon returning to work. If the employee does not provide the certif ication, the Town may delay restoring the employee to employment until the certification is provided. If any work restrictions are specified, the provisions of these Personnel Policies and Procedures related to alternative work assignments/ light duty may apply. POLICY 4-12 SUPPLEMENTAL 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. {00031988.DOC / } 4- Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 102 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-12-1 Definitions For purposes of this policy, "public safety employee" shall be defined as an individual who is a member of the Public Saf ety Personnel Retirement System (PSPRS) or the Corrections Of f icer Retirement Plan (CORP) . Section 4 -12 - 2 Eligibility A. To be eligible f or the supplemental benef its plan, the employee must meet all of the f ollowing criteria: 1. 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 f or 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 f or the employee to remain eligible f or the supplemental benef its 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 f or 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. Section 4-12-3 Supplemental Compensation A. Employees eligible f or the supplemental benef its 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. {00031988.DOC / } 4- Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 103 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES B. The Town shall pay the supplemental compensation for a period of up to six months f rom the date the employee receives f irst payment of workers' compensation benef its f or lost wages pursuant to A.R.S. � 23-1041, provided that the employee continues to meet all eligibility criteria. Section 4-12-4 Application Procedures A. To apply f or the supplemental benef its plan, an employee must submit a written request to the Human Resources Department on a f orm 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 lost 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 under A.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 f or any reason other than a determination by the Town's workers' compensation carrier that the employee is not eligible f or workers' compensation benef its, 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 f rom receipt of the denial letter. The employee's request f or review must state the reason f or the request and f acts that the employee wishes to have considered. The Human Resources Department shall f orward the request f or review to the Town Manager. E. The Town Manager shall render a written opinion affirming or denying the employee's eligibility within f ive working days of receipt of the employee's request f or 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 f or workers' compensation benefits, the employee may appeal that decision through the procedures established by the workers' compensation carrier and state law. Section 4-12-5 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. {00031988.DOC / } 4- Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 104 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES 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. 1. 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 f or 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 bef ore 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 f or 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 f ederal 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 f or any elective health care plan deductions, health related optional deductions, optional life insurance deductions or any other optional, employee-elected benefits. Section 4-12-6 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 shall not be decreased while the employee is participating in the supplemental benefits plan. C. If the employee used accrued leave balances to supplement workers' compensation benef its f or lost wages prior to being approved f or the plan, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave f or 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. {00031988.DOC /} 4-37 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 105 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-12-7 Miscellaneous To the extent the employee is eligible f or and receives salary or benef it changes while participating in the supplemental benefits plan, the plan benefits will be adjusted accordingly. POLICY 4-13 BENEFITS CONTINUATION/COBRA The f ederal 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 event" would normally result in the loss of eligibility. The Town shall f ollow all applicable f ederal and state laws in determining what constitutes a qualifying event. The provisions of this policy are not intended to conflict with or supersede federal or state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with f ederal or state law, f ederal or state law shall control. 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 f ee as prescribed by f ederal 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 Personnel Policies and Procedures. Section 4-13-Z Wrltteri NOtlf 1CdtlOri Of Ellglblllty 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 f ederal and state laws. POLICY 4-14 ALTERNATIVE WORK ASSIGNMENTS/LIGHT DUTY The Town of Marana recognizes the value of allowing employees with work restrictions to temporarily work in an alternative work or light/ restricted duty assignment. Alternative work assignments are intended f or employees with medically documented temporary mental or physical illnesses or injuries sustained on or off the job who have work restrictions and who are {00031988.DOC / } 4-38 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 106 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES expected to eventually return to unrestricted work. The Human Resources Department shall coordinate and administer all alternative work assignments f or the Town. The provisions of this policy are not intended to conflict with or supersede federal or state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with f ederal or state law, f ederal or state law shall control. Section 4-14-1 Eligibility The provisions of this policy apply 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 4-14-2 Definitions A. For purposes of this policy, "alternative work assignment," "light duty" and "restricted duty" are used interchangeably and shall be defined as temporary work that is physically or mentally less demanding than the employee's regular job duties. An alternative work assignment or light/ restricted duty may include a reduction in full time equivalency, limiting or altering duties in the employee's existing position, or temporarily reassigning the employee to another position which he or she is qualified and capable to perf orm. B. For purposes of this policy, "work restriction" shall be defined as a restriction that prevents an employee from performing the full scope of his or her job duties as outlined in the job description for the employee's position. Section 4-14-3 Procedures A. When the Human Resources Department becomes aware that an employee has temporary work restrictions, the Human Resources Department will make every effort consistent with the provisions of this policy to offer the employee an alternative work assignment. B. In order to be considered f or an alternative work assignment, an employee must present a medical certification from a health care provider specifying work restrictions and the expected duration of the restrictions to the Human Resources Department. C. Upon receipt of the certification, the Human Resources Department may communicate with the employee's health care provider to clarify and attain specificity on physical restrictions and limitations relative to specific job duties and responsibilities. {00031988.DOC / } 4-39 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 107 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES D. The Human Resources Department shall determine whether there are any alternative work assignments within the Town which the employee can perf orm given the work restrictions. Primary consideration will be given to job placement within the employee's department and regular job duties. However, an employee may also be placed in an alternative work assignment in another department and/ or in another position. An alternative work assignment may also result in a change in the employee's work hours. E. An employee may be placed in an assignment that is in a lower classification than the employee's regular job assignment; however, the employee's salary shall remain the same as it was in the employee's regular job assignment. Overtime, on-call/stand-by and call-out pay is not authorized f or employees on light duty status. F. Under no circumstances will the Town create a position solely for the purpose of providing work f or an employee who is eligible to return to work under a temporary work restriction. Alternative work assignments shall involve productive work that is both useful to the Town and achievable within the restrictions placed on the employee. If there is no alternative work assignment available f or a particular employee, the employee shall remain on, or be placed on, an appropriate f orm of leave, pursuant to the policies set f orth in this chapter. G. Employees with on the job injuries or illnesses shall be given pref erence f or alternative work assignments over employees with off the job injuries or illnesses, even if an employee with an off the job injury is already serving in an alternative work assignment. Thus, if an employee with an off the job injury is serving in an alternative work assignment, the Town may remove that employee f rom the assignment if removal is necessary to provide an alternative work assignment for an employee with an on the job injury. H. An employee who has previously been subject to work restrictions is required to inform the Human Resources Department immediately upon receiving a release to regular duty f rom a health care provider. Section 4-14-4 Duration An initial alternative work assignment may have a duration of up to 90 days. The Human Resources Department may extend an alternative work assignment in increments of up to 90 days at a time, provided that there remains a reasonable expectation that the employee will return to his/her regular duties within a reasonable amount of time and 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,l2 months will be measured based on 2080 hours f or full-time employees and pro-rated f or part-time employees. {00031988.DOC / } 4-40 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 108 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES Section 4-14-5 Interaction with Other Laws and Policies A. An employee on FMLA leave is not required to accept an available alternative work assignment. The employee may continue on FMLA leave either until the employee is able to return to his/her job or an equivalent job, or until the 12-week FMLA leave entitlement is exhausted. B. An employee receiving workers' compensation benef its may f orf eit the right to those benefits by refusing to accept an alternative work assignment, as determined by the Town's workers' compensation carrier. Section 4-14-6 No Right to Alternative Work Assignment If granted, alternative work assignments are a privilege and shall not be considered a right or entitlement. An employee in an alternative work assignment has no rights to that assignment or any tasks associated with that assignment no matter the duration of the alternative work assignment. Section 4-14-7 Miscellaneous A. An employee in an alternative work assignment is subject to all rules, regulations, standards, policies and procedures of the Town and of the department to which the employee is assigned. B. Employees serving in alternative work assignments shall receive a formal performance appraisal document in accordance with the Town's normal performance management process. The appraisal shall address the employee's job duties and perf ormance f or the relevant time period, including the employee's job duties and performance in the alternative work assignment. C. Employees serving in an alternative work assignment within the same classif ication as their regular position are eligible f or merit increases based on job perf ormance and availability of f unding. D. Employees serving in an alternative work assignment outside the classification of their regular position will be considered f or merit increases on a case-by-case basis, depending upon the level of work being perf ormed compared to the employee's regular assignment. Section 4-14-8 No Right of Appeal The decision of the Town to place or not to place an employee in an alternative work assignment is not subject to appeal or review under the personnel action review procedures {00031988.DOC / } 4-41 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 109 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES set f orth in Chapter 5 of these Personnel Policies or Procedures or under any other Town review/ appeal process. POLICY 4-15 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 4-15-1 Eligibility The provisions of this policy apply 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 4-15-2 Jury Duty A. Eligible employees shall be granted up to ten days of paid jury duty leave during any rolling 12-month period. B. Employees shall provide a copy 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 f or non-medical purposes. E. Employees shall report f or 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 4-15-3 Witness Duty A. Eligible employees shall be granted up to 40 hours of paid time off for each instance in which the employee is subpoenaed to appear in court as a witness in a case. This section does not apply to employees who are subpoenaed to appear in court as a part of their regular job responsibilities, such as police officers. Employees who are subpoenaed to {00031988.DOC / } 4-42 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 110 of 186 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES appear in court as a part of their regular job responsibilities are considered to be on duty while responding to the subpoena. B. Employees shall provide a copy of the subpoena to 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 f ee 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 f or non-medical purposes. E. Employees under subpoena shall report f or work whenever the court schedule permits. F. Employees are not eligible f or witness duty leave f or time spent in court on personal matters without a subpoena. Employees shall request the use of accrued leave balances f or these court matters. Section 4-15-4 Voting A. Any employee eligible and registered to vote in any public election held within this state may request time off f or voting. The employee must apply f or leave f or voting prior to the election day. B. The employee may be absent for up to three hours with pay on the day of the election f or the purpose of voting. The amount of leave the employee is eligible f or shall be determined in accordance with state law, which requires that an employee have three consecutive hours in which to vote. Employees are not entitled to voting leave if they have three consecutive non-working hours in which to vote. C. The Department Head may specify the hours during which the employee may be absent f or 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. {00031988.DOC / } 4-43 Revised: November 7, 2012, September 18, 2012, August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 111 of 186 {00031988.DOC / } 4-44 Revised: August 16, 2011, January 5, 2010, January 16, 2009, January 17, 2006 November 18, 2003, September 19, 2000 Regular Council Meeting - November 7, 2012 - Page 112 of 186 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Amanda Jones, Management Assistant Strategic Plan Focus Area: Community Item C 3 Strategic Plan Focus Area - Additional Information: United Way helps with income, health, and education, and provides services to improve the quality of life in the Marana community. Subj ect: Resolution No. 2012-082: Relating to Community Development; approving an employee donation campaign in support of the United Way of Tucson and Southern Arizona for participation by Town of Marana employees on a voluntary basis Discussion: United Way of Tucson and Southern Arizona President and CEO Tony Penn gave a presentation to the Town Council on July 7, 2012. His presentation included details regarding the strategies of education, income, and health as the focus for the United Way. Mr. Penn also described how United Way programs have specifically assisted the Town of Marana and its residents. Examples include Project MORE, United Way Learning Communities, Economic Security Initiative, Burn Buster Blast, and Volunteer Income Tax Assistance (VITA). The proposed resolution would approve a voluntary employee donation campaign in support of the United Way, running November 8 through November 21, 2012. Participation by Town employees will be entirely voluntary. Financial Impact: None ATTAC H M E N TS : Name: � Resolution 2012-082.doc Staff Recommendation: Description: Reso 2012-082 Type: Resolution Staff recommends approval of the resolution approving a voluntary employee donation campaign in support of the United Way. Suggested Motion: I move to adopt Resolution No. 2012-082, approving an employee donation campaign in support of the United Way of Tucson and Southern Arizona for participation by Town of Marana employees on a voluntary basis. Regular Council Meeting - November 7, 2012 - Page 113 of 186 MARANA RESOLUTION NO. 2012-082 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AN EMPLOYEE DONATION CAMPAIGN IN SUPPORT OF THE UNITED WAY OF TUCSON AND SOUTHERN ARIZONA FOR PARTICIPATION BY TO�JN OF MARANA EMPLOYEES ON A VOLUNTARY BASIS WHEREAS the United Way of Tucson and Southern Arizona provides services to 100,000 people each year in the areas of high quality child care, financial stability, and senior citizen inde- pendence; and WHEREAS access to these services can improve the quality of life for Town of Marana resi- dents, specifically as it relates to education, health, and income; and WHEREAS the Town Council finds that supporting the United Way of Tucson and Southern Arizona is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, AS FOLLOWS : SECTION 1. An employee donation campaign in support of the United Way of Tucson and Southern Arizona, running November 8-21, 2012, is hereby approved for participation by Town of Marana employees on a voluntary basis. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other tasks necessary or beneficial to carry out the terms and obj ectives of this resolution, including working with the United Way of Tucson and Southern Arizona to develop and administer the voluntary employee donation campaign. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 2012-082 -1- Mayor Ed Honea Regular Council Meeting - November 7, 2012 - Page 114 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item C 4 Subj ect: Resolution No. 2012-083 : Relating to development; approving and authorizing the execution of a development agreement regarding development impact fee credits for the Gladden Farms II development project Discussion: Gladden Farms II has contributed to arterial roadways in northwest Marana by incurring assessment liens for Gladden Farms II's fair-share contribution to the Tangerine Farms Road Improvement District, and by dedicating at no cost certain rights-of-way for Moore Road, Clark Farms Boulevard, and Tangerine Farms Road. These items are creditable against the Town of Marana's northwest transportation impact fee. This item establishes a speci�c credit of $3,706 per lot against the current and future Town of Marana arterial roadway development impact fees payable for development on Gladden Farms Blocks 26 through 28 and 30 through 43, which are the portions of the Gladden Farms II development project owned by FC/M Gladden II LLC and Fidelity National Title Agency, Inc., as trustee under Trust No. 60311. The proposed form of agreement is consistent with other development impact fee credit agreements for developments in northwest Marana. The amount of credit for right-of-way dedications is based on $30,000 per acre, which is consistent with the right-of-way cost calculated for purposes of establishing the transportation impact fee. The amount of credit for the Tangerine Farms Road Improvement District is based on the actual contributions attributable to Gladden Farms Blocks 26 through 28 and 30 through 43 for arterial roadway cost elements paid through the improvement district. ATTAC H M E N TS : Name: Description: � Resolution 2012-083.DOC Resolution 2012-083 � Type: Resolution AGT 20120912 Gladden II DIF Credits Exh A to Reso_Gladden II DIF Credits Agt Exhibit (00031645-2).DOC Staff Recommendation: Staff recommends adoption of Resolution 2012-083, approving and authorizing the Mayor to execute the development agreement regarding development impact fee credits for Gladden Farms II. Regular Council Meeting - November 7, 2012 - Page 115 of 186 Suggested Motion: I move to adopt Resolution 2012-083, approving and authorizing the Mayor to execute the development agreement regarding development impact fee credits for Gladden Farms II. Regular Council Meeting - November 7, 2012 - Page 116 of 186 MARANA RESOLUTION NO. 2012-083 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR THE GLADDEN FARMS II DEVELOPMENT PROJECT WHEREAS the Town of Marana has adopted certain development impact fees for roads pursuant to A.R.S. § 9 463.05; and WHEREAS FC/M Gladden II LLC and Fidelity National Title Agency, Inc., as trustee under Trust No. 60311 (collectively, the "Developer") are the owner and developer of Gladden Farms Blocks 26 through 28 and 30 through 43 (the "Gladden II Balance"); and WHEREAS the Developer is entitled to credit pursuant to A.R.S. § 9 463.05(B)(7)(c)(i) toward the payment of the Town's adopted development impact fees based on the required dedication of public sites and improvements provided or to be provided by the Developer in connection with the development of the Gladden II Balance; and WHEREAS the Town and the Developer desire to enter into a development agreement to clarify the development impact fee credits associated with the Gladden II Balance; and WHEREAS, the Mayor and Council find that the terms and conditions of the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, that the Development Agreement Regarding Development Impact Fee Credits for Gladden Farms II entered into by the Town of Marana, FC/M Gladden II, LLC, and Fidelity National Title Agency, Inc., as trustee under Trust No. 60311, attached to and incorporated 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. IT IS FURTHER RESOLVED that 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 obj ectives of the aforementioned agreement. {00031659.DOC /} Marana Resolution 2012-083 - 1- 9/ 10/2012 4:27 PM FJC Regular Council Meeting - November 7, 2012 - Page 117 of 186 PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7th day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk {00031659.DOC /} Marana Resolution 2012-083 -2- Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 9/ 10/2012 4:27 PM FJC Regular Council Meeting - November 7, 2012 - Page 118 of 186 DEVELOPMENT AGREEMENT REGARDING DEVELOPMENT IMPACT FEE CREDITS FOR GLADDEN FARMS II TOWN OF MARANA, ARIZONA THIS AGREEMENT is entered into by and between the Tov� oF MA�NA an Arizona munic- ipal corporation (the "Town"), FC/M GLADDEN II LLC, an Arizona limited liability company (" and FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60311 and not otherwise (the "Trust"). FC/M and the Trust are referred to collectively as the "Developer," the Town and the Developer are sometimes referred to collectively as the "Par- ties," and any one of them is sometimes individually referred to as a"Party." RECrTALs A. This Agreement is entered into and authorized pursuant to A.R.S. § 9-500.05. B. The Town has adopted certain development impact fees for roads and regional parks pursuant to A.R.S. § 9-463.05. C. The Developer is the owner and developer of the land described and depicted on the final subdivision block plat Gladden Farms Blocks 26 — 43, recorded in the Pima County Re- corder's office at Book 62 of Maps and Plats, Page 64 ("Gladden Farms II"). D. The Developer has sold Gladden Farms Block 29 to a third party, and retains owner- ship of Gladden Farms Blocks 26 — 28 and 30 — 43, which are referred to in this Agreement as the "Gladden II Balance." E. The Developer is entitled to credit pursuant to A.R.S. § 9-463.05(B)(7)(c)(i) toward the payment of the ToWn's adopted development impact fees based on the required dedication of public sites and improvements provided or to be provided by the Developer in connection with the development of the Gladden II Balance. F. The Parties desire to memorialize their agreement concerning the amount of the devel- opment impact fee credit applicable to the Gladden II Balance. AGREEMENT Now THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Credit toward arterial roadway development impact fees. 1.1. Total value. The total value of arterial roads provided by the Developer to the Town in connection with the development of the Gladden II Balance, including the value of any and all {00031645.DOC / 2} - 1- 9/12/2012 3:53 PM FJC Regular Council Meeting - November 7, 2012 - Page 119 of 186 arterial road right-of-way conveyed to the Town and any and all allowable arterial roadway con- struction costs, is $9,146,122, including: 1.1.1. $7,635,337 attributable to Tangerine Farms Road Improvement District assess- ments which are creditable against the Town's arterial roadway development impact fees, 1.1.2. $903,581 in value for the Developer's dedication of Tangerine Farms Road right- of-way, 1.1.3 .$467,183 in value for the Developer's dedication of Clark Farms Boulevard right- of-way, and 1.1.4. $140,021 in value for the Developer's dedication of Moore Road right-of-way 1.2. Total lots. The total number of residential lots anticipated to be constructed in connec- tion with the development of the Gladden II Balance, including equivalent dwelling units for commercial areas calculated at 4 units per acre of commercial, is 2,468.2. lot. 1.3. C�edit pe� lot. The credit against arterial roadway development impact fees is $3,706 per 1.4. Cu��ent fee. As of the date of this Agreement, the Town's arterial roadway development impact fee that would apply to the Gladden II Balance before the credit is $7,372. Subtracting the $3,706 credit, the current arterial roadway development impact fee for the Gladden II Balance is $3,666 per lot. 1.5. Futu�e fee �evisions. If the Town amends its arterial roadway development fee applica- ble to the Gladden II Balance, the fee per lot shall be the then-applicable fee minus $3,706. 2. Miscellaneous 2.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 2.2. Cancellation fo� conflict of inte�est. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. [Remainder of page intentionally left blank.] {00031645.DOC / 2} -2- 9/12/2012 3:53 PM FJC Regular Council Meeting - November 7, 2012 - Page 120 of 186 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. Tov�: Tov� oF MA�NA, an Arizona municipal corporation By: Ed Honea, Mayor DEVELOPER: FC/M GLADDEN II LLC, an Arizona limited liability company By: FOREST CITY LAND GROUP, INC. an Ohio corporation, its managing member Date : � . Its: ATTEST: Jocelyn C. Bronson, Clerk Date : FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60311 and not otherwise APPROVED AS TO FORM: Frank Cassidy, Town Attorney � . Its: STATE OF ARIZONA � SS County of Pima ) Date : The foregoing instrument was acknowledged before me on , 2012 by , the Of FOREST CITY LAND GROUP, INC. an Ohio corporation, managing member of FC/M GLADDEN II LLC, an Arizona limited lia- bility company, on behalf of the LLC. (Seal) STATE OF ARIZONA � SS County of Pima ) Notary Public The foregoing instrument was acknowledged before me on , 2012 by , the Of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 60311 and not otherwise. (Seal) {00031645.DOC / 2} - 3 - Regular Council Meeting - November 7, 2012 - Page 121 of 186 Notary Public 9/12/2012 3:53 PM FJC 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item C 5 Subj ect: Resolution No. 2012-084: Relating to Utilities; approving and authorizing the Mayor to execute the First Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms Discussion: The Town and Gladden Farms LLC (the original developer of the Gladden Farms proj ect) entered into a water service agreement on November 5, 2002 (the "Original Agreement"), which addressed the water infrastructure rights and obligations relating to the development of Gladden Farms, and provided for a $500 per meter reimbursement to the Developer for connection charges actually collected by the Town within the �rst ten years after the effective date of the Original Agreement for each initial potable connection made within the Gladden Farms Proj ect, up to a total reimbursement of $2,700,000. Gladden Forest LLC acquired the interest of Gladden Farms LLC in 2002. The number of initial potable connections made during the ten-year reimbursement period has been fewer than the Parties anticipated on the effective date of the Original Agreement for reasons including the maj or economic recession and the resulting slow-down in development activities in this market. If approved, this item would extend the termination date for the Town's reimbursement obligation from November 2012 to December 31, 2020, to more reasonably reimburse the developer's out-of-pocket costs for installing the infrastructure. Financial Impact: To date, the Town has reimbursed the Developer $580,500 under the Original Agreement. With a stated maximum reimbursement of $2,700,000 under the Original Agreement, this proposed extension gives the appearance of opening up the Town to a signi� cant additional reimbursement. But two factors belie this appearance. The �rst is that the Original Agreement only allows reimbursement from within the original Gladden Farms development, which is restricted to 2,012 total residential units per Marana Ordinance No. 2000.09. At $500 per unit, the Developer would only receive another $425,500 even in the very unlikely event that 2,012 total units are ultimately built within Gladden Farms. The second is that the Town adopted a 2005 development impact fee of $864 per unit for water infrastructure. So long as this Developer continues to install the water infrastructure as required under the Original Agreement, the Developer will be entitled under Arizona law to a reasonable credit against this development impact fee. Extending the reimbursement under the Original Agreement has the same effect as providing a$500 per unit credit against the water infrastructure development impact fee. Regular Council Meeting - November 7, 2012 - Page 122 of 186 ATTAC H M E N TS : Name: Description: Type: � Resolution 2012-084.DOC Resolution 2012-084 Resolution � AGT 20121013 Gladden WSA reimb extension Exh A to Reso Amendment to Gladden WSA Exhibit (00031661-2). DOC Staff Recommendation: Staff recommends adoption of Resolution 2012-083, approving and authorizing the Mayor to execute the First Amendment to the Gladden Farms water service agreement. Suggested Motion: I move to adopt Resolution 2012-084 Regular Council Meeting - November 7, 2012 - Page 123 of 186 MARANA RESOLUTION NO. 2012-084 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO TO�JN OF MARANA AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR GLADDEN FARMS WHEREAS the Town of Marana entered into a water service agreement with Gladden Farms LLC dated November 5, 2002 and recorded in the office of the Pima County Recorder on November 22, 2002 at Docket 11932, Page 611 (the "Original Agreement"); and WHEREAS Gladden Farms LLC assigned its rights and obligations under the Original Agreement to GLADDEN FoREST LLC, an Arizona limited liability company (the "Developer") in October 2002; and WHEREAS paragraph 3.4 of the Original Agreement requires the Town to reimburse the Developer $500 per meter for connection charges actually collected by the Town within the first ten years after the effective date of the Original Agreement for each initial potable connection made within the Gladden Farms Proj ect, up to a total reimbursement of $2,700,000; and WHEREAS the ten-year period for reimbursement under paragraph 3.4 of the Original Agreement ends in November 2012; and WHEREAS the number of initial potable connections made during the reimbursement period within the Gladden Farms Proj ect has been fewer than the Parties anticipated on the effective date of the Original Agreement for reasons including the maj or economic recession and the resulting slow- down in development activities in this market; and WHEREAS the Mayor and Council find that the terms and conditions of the amendment are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�%'VN OF MARANA, ARIZONA, that the "First Amendment to Town of Marana Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service for Gladden Farms" attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved and 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 obj ectives of the agreement. Marana Resolution No. 2012-084 - 1- 10/29/2012 2:13 PM FC Regular Council Meeting - November 7, 2012 - Page 124 of 186 PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7 day of November, 2012. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-084 - 2- 10/29/2012 2:13 PM FC Regular Council Meeting - November 7, 2012 - Page 125 of 186 FIRST AMENDMENT TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF POTABLE AND NON-POTABLE WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR GLADDEN FARMS TOWN OF MARANA, ARIZONA THIS AMENDMENT is entered into by and between the Tov� oF MA�NA an Arizona mu- nicipal corporation (the "Town"), and GLADDEN Fo�ST LLC, an Arizona limited liability company (the "Developer"). The Town and the Developer are sometimes referred to collectively as the "Par- ties," either of which is sometimes individually referred to as a"Party." RECrTALs A. The Town and Gladden Farms LLC, a Nevada limited liability company, entered into an "Agreement for Construction of Potable and Non-Potable Water Facilities and Provision of Water Utility Service" dated November 5, 2002 and recorded in the office of the Pima County Recorder on November 22, 2002 at Docket 11932, Page 611 (the "Original Agreement"). B. The Original Agreement addressed the water infrastructure rights and obligations re- lating to the development of the lands depicted on the Final Block Plat of Gladden Farms Blocks 1 thru 25 and A thru F, recorded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 60 (the "Gladden Farms Project"). C. Gladden Farms LLC assigned its rights and obligations under the agreement to the Developer in October 2002. D. The Developer is the sole beneficiary of FIDELITY NATIONAL TITLE AGENCY, INC., an Arizona corporation, as trustee under Trust No. 3 0212, which is the title owner of the Develop- er's remaining land holdings within the Gladden Farms Project, and to the extent the trust's in- terests are implicated, is signing this instrument in its capacity as sole beneficiary of the trust. E. To date, the Developer has constructed and installed substantial potable and non- potable water facilities to serve the Gladden Farms Proj ect. F. Paragraph 3.4 of the Original Agreement requires the Town to reimburse the Develop- er $500 per meter for connection charges actually collected by the Town within the first ten years after the effective date of the Original Agreement for each initial potable connection made within the Gladden Farms Proj ect, up to a total reimbursement of $2,700,000. G. The ten-year period for reimbursement under paragraph 3.4 of the Original Agreement ends in November 2012. {00031661.DOC / 2} - 1- 10/13/2012 11:27 AM FJC Regular Council Meeting - November 7, 2012 - Page 126 of 186 H. The number of initial potable connections made during the reimbursement period within the Gladden Farms Proj ect has been significantly fewer than the Parties anticipated on the effective date of the Original Agreement for reasons including the maj or economic recession and the resulting significant slow-down in development activities in this market. I. The Parties desire to extend the period for reimbursement under paragraph 3.4 of the Original Agreement to more fairly reimburse the Developer for the substantial potable and non- potable water facilities constructed and installed, based on the benefit of hindsight and other fac- tors that have affected the development of the Gladden Farms Proj ect and the surrounding area. AGREEMENT Now THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Amendment, the Parties hereby agree as follows: 1. Extension of reimbursement period. The reimbursement period set forth in the last sen- tence of subparagraph 3.4 (d) of the Original Agreement is hereby extended through Decem- ber 31, 2020, by modifying the sentence so that it reads as follows: "The agreement to make re- imbursements will automatically terminate on December 31, 2020, subj ect to the continuing ob- ligation to pay to the Developer any reimbursements accrued, but unpaid, as of December 31, 2020." 2. Effect on other provisions of the Original Agreement. Except as expressly modified in this Amendment, the provisions of the Original Agreement shall remain in full force and effect. 3. Miscellaneous 3.1. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 3.2. Cancellation fo� conflict of inte�est. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. Tov�: Tov� oF MA�NA, an Arizona municipal corporation � . Date : DEVELOPER: GLADDEN FOREST, L.L.C., an Arizona limited liability company By: FOREST CITY LAND GROUP, INC., an Ohio corporation, its managing member � . Dean Wingert, Senior Vice President Date : Ed Honea, Mayor {00031661.DOC / 2} -2- 10/13/2012 11:27 AM FJC Regular Council Meeting - November 7, 2012 - Page 127 of 186 ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA � SS County of Pima ) The foregoing instrument was acknowledged before me on by Dean Wingert Senior Vice President of FOREST CITY LAND GROUP, INC., an Ohio corporation, managing member of GLADDEN FOREST, L.L.C., an Arizona limited liability company, on behalf of the L.L.C. (Seal) Notary Public {00031661.DOC / 2} - 3- 1oi13izo1z 11:z� aM FJc Regular Council Meeting - November 7, 2012 - Page 128 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Del Post, Deputy Town Manager Strategic Plan Focus Area: Heritage Strategic Plan Focus Area - Additional Information: Item C 6 Under the focus area of Heritage, the Strategic Plan identi� es several strategies geared toward increasing community and regional awareness of Marana's history and heritage. One of those strategies is the development of the Marana Heritage River Park (the "Heritage Park"). The lease of the Heritage House, which is located within the Heritage Park, is important because it will allow a community entity to remain in the house while providing ongoing revenues toward the development of the park. Subj ect: Resolution No. 2012-085 : Relating to Real Estate; approving and authorizing the Mayor to execute a lease and use agreement between the Town of Marana and the Gladden Farms Community Association for use of the Heritage House at the Marana Heritage River Park Discussion: In May of 2012, the Town purchased a 28 acre farm known as the Heritage Farm through a transaction with Arizona State Land. The Heritage House, which the Town previously acquired, is located on the property. The Gladden Farms Homeowners Association is currently occupying the Heritage House in exchange for, among other things, its agreement to keep the Heritage House open to the public during regular public hours. Rent is not currently being paid for the Heritage House. With the recent acquisition of the Heritage Park land, Staff is recommending a new lease agreement with the Homeowners Association. The proposed lease agreement is largely the same as the current lease agreement, except that under the proposed lease agreement the Homeowners Association would pay monthly rent of $750 and the lease term would be 3 years. Under the proposed lease agreement, the Heritage House would still be open to the public during regular public hours and the Town would still be able to use the Heritage House for public meetings and gatherings as it has in the past. The monthly rental rate is reasonable and is based on similar rental rates for comparable commercial spaces. In addition to keeping the Heritage House open to the public during regular hours and deterring vandalism and deterioration of the Heritage House, the proposed lease agreement will provide an ongoing revenue stream to the Town to use for the development of the Heritage Park. Financial Impact: The proposed lease agreement will provide a revenue stream of $750 per month to the Town. ATTAC H M E N TS : Name: Description: Type: Regular Council Meeting - November 7, 2012 - Page 129 of 186 � Resolution 2012-085.DOC resolution no 2012-085 Resolution � Heritaqe House Lease Aqreement and Map.pdf Lease and map Staff Recommendation: Exhibit Staff recommends approval of the lease and use agreement with the Gladden Farms Homeowners Association Suggested Motion: I move to adopt Resolution No. 2012-085, approving and authorizing the Mayor to execute a lease and use agreement between the Town of Marana and the Gladden Farms Community Association for use of the Heritage House at the Marana Heritage River Park. Regular Council Meeting - November 7, 2012 - Page 130 of 186 MARANA RESOLUTION NO. 2012-085 RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE AND USE AGREEMENT BETWEEN THE TO�JN OF MARANA AND THE GLADDEN FARMS COMMUNITY ASSOCIATION FOR USE OF THE HERITAGE HOUSE AT THE MARANA HERITAGE RIVER PARK WHEREAS the Town of Marana has established the Marana Heritage River Park ("Heritage Park") and one of the improvements owned by the Town at the Heritage Park is a building commonly known as the "Heritage House"; and WHEREAS the Gladden Farms Community Association is a homeowners' association governing and serving the residents of the Gladden Farms development proj ect, located immediately adj acent to the Heritage Park; and WHEREAS the Gladden Farms Community Association needs office space for its administrative functions and for access to association members, and the Town desires to have an entity regularly occupy the Heritage House so that it may be open to the public during regular office hours; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of the public are served by entering into a lease and use agreement with the Gladden Farms Community Association for the use of the Heritage House. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, AS FOLLOWS : SECTION 1. The Town of Marana hereby approves and authorizes the Mayor to execute the lease and use agreement with the Gladden Farms Community Association attached to and incorporated by this reference in this resolution as Exhibit A. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and obj ectives of the lease and use agreement. Marana Resolution No. 2012-085 1 Regular Council Meeting - November 7, 2012 - Page 131 of 186 PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7 day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2012-085 2 Mayor Ed Honea Regular Council Meeting - November 7, 2012 - Page 132 of 186 LEASE AND USE AGIZEEMENT THIS LEASE AND USE A�REEMENT �t1Ci15 �� A�reerrtent�� } xs entered int� by and b�- t��en t�ie T�WN �F MARANA ar� Arizona muniCipal corporat�on �the "To�vn."} and th� �LADDEN FARMS ��MMUNITY ASSaCIATIQN, an Arizana nat-for association �the "�ladden H�A"]. The Tovvn and the �Iadde� H�A are sometimes referred to co�Iec- ti�el as the "Part�es," either af �nrh�ch xs s�metimes indiv�duall� ref�rred to as a"Par- Y t " Y• REC��'A�S A. The Town of Marana has established the Marana Heritage River Park �the "Herit- age Park located within the To�nrn of Marana at 1�375 N. Heritage Park Drive. B. �Iadden H�A is a homeowners' assaciation governir�g and serving the residents of the �Iadden Farms development project, Iocated �mmediatel� adja�er�t to the Herit- age Park. �. �ne of th� improvements awned b� the Ta�n at the Her�tage Park is a re��dential bu�Iding whi�h has been reconstruct�d and Ymproved b� the To�rvn, and �hi�h is com- mor�l� kno�vn as the "H�r�tage House." D. The To�n uses portions of the Heritage House f or Marana Parks and Re�reation De artment aCtivities and �lasses, but the Tovvn d�es not currentl� provrd� To�n staff p f or regu�ar aperatxng hours f�r the Herrtag;e House. E. �Iadden H�A needs of f ice spa�� f or Yts admYr�istrat�ve f ur�ct�ons and f or access ta assocxation m�mbers, and the Town desires to have an entit� reg�xlarly occup� the H�r- itage Hous� so that it ma� be open to the publiC during regular off i�e hours. A GRE�N�E11T�' N��v THEREF�I�E, based on the f o��goYng recitals, v�hich are inc�rporated here as th� intent af the Parties �n entering into this Agreernent, and �n cons�deratian of the terms of th�s Agreement, the Parti�5 hereb� agree as f ollaws: 1. �ec�se. The To�n hereb� �eases to ��adden H�A th�se p�rti�ns of the Heritage House �dentified xn paragraph � belov�r as th� "Leased Prernises" for the term of this A re�ment, subje�t t� �ladden H�A's perf ormar�ce of its ob��gations under this � Agreernent. ; Q�03 l 73 �. DUC 12 } 91191 l 2.1 F Regular Council Meeting - November 7, 2012 - Page 133 of 186 Z. �ec�sed Premises. The ar�as �f th� Heritage House �hich are the sub�ect of th�s Agreernent are the f�llovving [aI1 of which colle�tivel� are referred to xn this agreemer�t as the "Leas�d Premis�s"}: a. Exclus�ve �xse of the three affices �nrith entran�es to the livzng room area, rdentified as the "ex��usive use areas in the dr awing attached to and xn- c�rporated in this agreement as Exhib�t A. b. Jornt use, �nrith the To�nrn �f Marana, of th� lxving room area �ust �nside the front door of the Heritage Hous�, the kitchen area, and the bathrooms, as identified on Exhibit A as "joint use areas." �. Reasonab�e parking in the park�ng �ot Iocated just south of and adja�ent to the Heritage H�use. 3. R�r�t. In c�nsideratior� for the terms and conditions of this Agr�ement, Gladden H�A shall pa� rent t� the Tovvn of $7��.�� each m�nth durYng the term of this Agr�e- ment Rent shali be due and pa�able to the Town in advance on th� Z �t da�r of ea�h mor�th and shall be remitted to: The To�r� of Marana, Attn: F�nance Department,11555 �. �xvi� �enter D�., Marana, AZ 55�53. R�nt shal� be paid �nrithout prior not��e �r de- mand. Any ir�voice provided b� the Ta�vn is for courtes� onl� and an� failur� ta send ar� invoice shall not rel�eve �Iadden H�A of its ob�igation ta pa�r the rent in a timel� manner. Rent payments made after the 5� da� af each month shal� b� considered late and sha�I be sub�ect to the �ate pa�rnent fee established b� the Tflwn �ounci� ir� the Town's compreh�nsive fee schedule. 4. l.�se. �ladd�n H�A shal� use the Heritage House for the adminrstration ar�d op-- eration of the assacratian. 5. �ir�imum �a�crs of Dperation. Durir�g the term of this agreem�nt, ��adden H�A shall staff ar�d �pen the Heritage House tQ the pub�i� fram at Ieast 9 AM to 3 PM Mon- da�r through Frida�, except on off icial T�wn holidays. Th�se hours and days ma� be m�dif ied if approved in �r�trng b� the Town Manager or designe�. �. i..�fili ties. Gladden H�A shall pa� aII ele�tric utility bi�Is f or the Her�tage House �nrhen the� becorne due and pa�rable. The Ta�n shall pay alI water utrlity bills f or th� H�ritage House when th�� become due and pa�able. 7. I2epairs artd Exterior N�c�int�r�c�nce. Th� Ta�nrn shail pay alI �osts to repair th� Her�t- ag� House an� shall maintain the exterior of and grounds ar�und th� Heritage Hous�. S. In�erior �c�i�ttenance c�rtd �ustodiar Ser�vices. Gladden H�A shall mainta�n and pa� f or a�I clean-up and custodia� services v�rithir� the Leased Premis�s p�rt��n of the Herit- ag� House. 9. �o N�odzficati�r�s. Gladden H�A shal� not modif� the Heritage Hous� ar an� of the improvemer�ts ar�und �r in any �va�r ass�ciated with the Heritage Hous� without the prior v�ritten approval of the Tovvn Manager Qr designee. If the Town Manager or des�gr�ee g�ves �vritten approval, �ladden H�A shall be respansible f or a1� expenses re- � 000� 1 �3o.r�oc � z } _ � _ Regular Council Meeting - November 7, 2012 - Page 134 of 186 Iated to the alterati�n, improvemer�t, additior�, change, or modif rcatian An� p�rmanent impravement built, insta�led, or added on the L�ased Prernises shall become the praper- t� �f the Tov�n ��thout �ompensation to �lad�en H�A. 1�. �on-Assi�nmer��. �Iadden H�A's rig;hts under this Agreement cannot b� as- signed b� Gladden H�A nor shall G�adden H�A grant an� Ii�ense in �or�nection w�th the Leased Premises w�thout the prior �vritt�n approva� of th� Tov�rn Manager. 11. �nspec�ior�. The Town shall have the right at aIl reasonabl� t�mes to inspect the Leased Premrses and ta requ�re Gladden H�A to �orrect an�r unsatisf actar� conditxons relative to �Iadden H�A's use �f the Leased Premises pursuar�t to this Agreemer�t. � 2. �4ccess�ke� c�r� trat . ��add�n H�A shall �ompl� with an�r and all po�icies, proce- dures, rules or d�rectives of the Town re�ated to access ta To�nrn f acil�txes ar�d poss�ss�on and use af Tawn ke�s, electroni� access identYf icatiar� cards ar �ther access d�vices. 13. �ffectiz�e d��e c�nd duration. This Agreernent sha�I be eff�cti�re as of Januar� 1, ��13, and shal� rernain xn ef f ect untii December 31, ��15, unless and until t�rmir�ated pursu- ant to paragraph 2� belov�r. 14. Relatians��ip of the par�ies. Ir� the perf�rman�e of the obiigatrons �ont�mplated b� th�s Agreement, Gladden H�A sha�1 act so1el� as an independent cantraCtor, and noth- ing expressed or �mp��ed in th�s Agr�ernent shall be �onstrued ta create th� relatior�ship of ernplo�er and employee, partr�ership, princ�pa� and agent, or t� �reate a jaint ventur� bet�veen th� Tawn and Gladden H�A. 15. �ndem�tificc�tion. �Iadden H�A agrees t� defend, save, hald harmless, and �n- demnif �r the To�vn, xts �ff icials, emplo�ees, ager�ts, su�cessors, an� assigr�s f r�m and aga�nst ar�y and a1I manr�er �f cla�ms, suits, 1a�vsu�ts, a�tian or acti�ns, caus�s or �aus�s of actian, liabilities, darnages, and other claYms and demands of whatsoe�er nature or kind, in Ia�v or in �quit�, ir� tort or in contract, or other�nrise �aused b� or resultir�g from the Gladden H�A's errors, omissions, or r�egliger�t acts in the perf ormance of its ob��ga- tians purs�xant to this Agreement. 1�. Ir�surc��ce. G�adden H�A shall mainta�n ir�surance �vith carriers acceptable t� the Town �nrith the f ollo�v�ng required �overages and limits: �IIT��ker's Compensation Ernpioyer's Liability� ��mmercia� �eneral LiabilYt� Business Auta Liability Statutor� u.s. �Z,000,000 U.S. $1,��,�4� per occurr�nce U.S. $2,��,fl�� aggregate U.S. $1,��4,D4D �amb�ned single l�mit a. G�adden H�A sha1l del�ver one or mar� certif ��at�s of insurance evidenc- ing coverage as des�r�bed xn this paragraph 16 to th� T�vvr� up�n execu- tion of this Agreernent. �Iadden H�A shall also deliver new c�rtif icates of insurance ea�h tirne the po�r��s} is updated AII certifrcates shall be de - ; �oa3173 �. r�c�c� i � f _3_ Regular Council Meeting - November 7, 2012 - Page 135 of 186 Iivered to The To�nrn Manager's �f f ice at 11555 �IIT . ��vi� �enter Drive, Marar�a, Arizana 85�53. b. The T�wn shall be named as an additiona� insured on the commer�ial general Iiabilit� policy required by this paragraph 16. As an add�tional rn� �ured, the Town shal� be provided co�rerage f or ar�� liab�iit�r arxsing out �f operations perf ormed in whole or �n part b� �r or� behalf of Gladden H�A. c. The certifi�ate�s} sha11 alsa stipulate that the insurance afforded GXadden H�A shal� be primar�r insuranc� and that an� insurar�ce carried b� the Tawn, its agents, off�cials or ernplayees sha11 be excess and r�at contributo- r� insurance to that provided b� �Iadden H�A. �overage pr�vided b� G�add�n H�A shali be primar� insurance with r�spect t� aII other avai�a- ble sources. d. Th� coverage requiremer�ts spec�fied in th�s paragraph 1� ma� not be changed or modified �x�ept b� written agreement signed by a11 Parties. e. Gladden H�A shal� give the Tawn at Ieast 3� caler�dar da�s' �r�tten no- tice prior to a planned cancellation or reductiar� �f an� �overage requ�red b� th�s paragraph 1�. �ladder� H�A shall gYVe the Town immediate no- tice of an� other �ar�cellati�n or reduction af any �average �equir�d b� this paragraph 1�. �an�el�ation or redu�tian of an� coverage requi�ed b� th�s paragraph 1� rs grounds f or termination �f thxs Agreemer�t by the Tovirn. 17. �ITo�ices. AlI n�tices, r�quests, demands, and other c�mmunicati�ns under th�s Agreement sha�I b� in �vriting and shal� be deemed giver� �f personal�� del�vered or mailed, certif �ed maii, return receipt requested; to the f ol�owing address�s: If t� the Ta�vr�, to: T�VITN �F MARANA Attn: Town Mar�ager's �f f i�e 11�55 W. �ivic �ent�r Drrve Marana, AZ 85�53 If ta �ladden H�A to: �LADDEN FARMS ��MMUNITY ASS��IATI�N Attn: David Gauvin, �ommunit� Manager 12375 N. Heritage Park Dr�ve Marana, AZ Sa�53 18. �n�ire A�reer�zer��. This Agr�ement constitutes the entire agreement and und�r- standing of the Parties pertaining to the subject matter af th� Agreement and super- sedes a�� offers, negotiati�ns, and other a�reemer�ts of any kxnd. Al� pr��r and contem- porane�us agreem�nts, repr�sentations and understar�d�ngs of th� Parties, oral or �nrrit- ten, are sup��seded ar�d merg�d xn this Agreement. ;��03173�.DC7C 1 Z j �� Regular Council Meeting - November 7, 2012 - Page 136 of 186 19. Au �h�ri �� ta exe�u te A�reer�zen t. The ind�vi�ivals execut�ng this Agreement hereb� represent that the� have ful� right, power, and authorrty to e�ce�ute this Agreernent on behalf of their resp��tive Parties. �0. �'orc� rrzc��jeure. N�t�vithstar�ding an� oth�r term, �or�d�tion or provision of thxs Agreement to the contrary, if an� Part� ta this Agr�ernent is precluded fram satrsf�ing or fulfi�Iing an� dut� or abligation impased upon it du� t� Iabor strikes, material short- ages, �nrar, civil disturbanc�s, weather conditi�ns, natural disasters, a�ts of �od, or other e�rents be�rond the c�ntrol of su�h Part�, the tirne period provided herein far the per- f ormance b� such Part�r af su�h dut� or ob��gatian sha1l be �xtend�d f or a period equal ta the dela� oCCasioned by such events. 21. �mmigratior� Zc��s. �Iadden H�A warrants that �t �vY�1 at a�i times c�mp�y �vith a11 federal imrnigration laws and regulations that re�ate to �ts emplo�ees and v�rith Arizona Revise�i Statutes sect�on �A.R.S. �} 23--214 �A}. Gladden H�.�P� ackr�ovv�edges that pursu- ant to A.R.�. � 41- and effective Septernber 3D , �0�8, a brea�h of this warrant�r is a material b�each of this Agreement subject to penalties up to and ir�cluding te�mination af this Agreement, and that the T�wn retaxns the Iegal right t� inspect the papers of an� emplo�ee �vha �nrorks on the Agreement to en�ure compliance �vith this �rvarrant�. 22. Scru�inized busi�ess operc�tions. �ladden H�A certifies that it does not have, nor �nrill it f or the duration af this Agreement have, scrutinxze� busrness ap�ratians in 5u- dan or Iran as �ef ined in A .R.S. � 35-391 and A. R.S. § 35-393, respective��. �3. �o� f �ict af ir��eres�. This Agreement is subje�t to the provisions of A.R.S. � 38-�511, �nrhich prov�des f�r termir�ation xn �ertain �nstances ir�vo�ving conf�icts of �nterest. �4. Atforn��s' fees The preva��ing Part�r in a civi� action to enforce thxs Agreement shall be ent�tled to recover fr�m the other Party, in addxt�on to an� relief ta v�hich su�h prevaxling Part� rna� be entit�ed, aI1 casts, expens�s and reasonab�e attorne�s' f ees in- curred ir� connectian with that c�vil a�tion 25. �overning �c��. This Agreement sha1l be construed in accordan�e with the Iaws af the State of Ar�zana. 26. �'err�zi�c��ior�. This Agreem�r�t ma� be termir�ated �vithout further 1iab�Irt� ar� th�r- t� da�rs' priar �nrritten notice by either Part� upon a def ault b� the �ther Part� ❑f an� covenant or term of th�s Agreement, �vhich default is not �ured �rvithin sixty da�s af re- ceipt af written notice �f def au�t ex��pt that this Agre�rnent shali not be terminated if the default �annot r�asonabl� be cured within such sixt�-da� period and the defaulting part� has started t� Cu�e the c�efau�t within the s�xt� da� p�riod ar�d diligentl� pursues th� �ur� ta completion; provided that the grac� period for ar�� monetar� defau�t is ten da�rs f rom r�ceipt of written noti�e. 27. Surrender �f premises upor� �er�tzir�c�tion. Up�n terrninatian af this Agr�ement �ladden H�A agrees to surrender the Leased Premises to the Ta�vn xn as good a candi- tion as when received, ordinary v�ear and tear ar damage resu�ting f rom causes be�rond the reasor�able control of Giadden H�A �x�ept�d. ; �a�3 l 73 �. [�[�C 12 f .. � - Regular Council Meeting - November 7, 2012 - Page 137 of 186 2S. Disposi �ian of pers�nc�Z praper�� upor� �ermination. Upon t�rmination of this Agre�w ment, �ladden H�A agrees that t�e personal propert� of the To�nrn sha1l not be re- maved f rom the Leased Premises �ut shall be surrendered in good condition. ��adden H�A agrees to remove al� equipment and personal prapert� belonging to Gladden H�]A upor� termir�ation af this Agre�ment �nrithout causing damage ta the Leased Prern- I5�5 An� damage to the Leased Premises resulting from the remo�a� af ��adden H�A's personal propert� or equipment shall b� solel� the respflnsibilit� of Giadden H�A. 2�. �isceZZc�rteous. a. This Agr�ement rna� not be madif ied ex��pt ir� a writing signed by bath of th� Parties. b. The �aptions and sectian numbers appearing xn this Agreement ar� insert- ed on�� a� a matter af canvenien�e, and do not define, Iimit, construe ar describe the scape ar xntent af such se�tions or art�c�es �f this Agreernent. �. Th�s Agreement rna� be e�ecuted in multiple counterparts, ea�h of �vhi�h shal�, f or a�l purposes, b� deerned an arxginal and aII of v�hich, taken to- geth�r, sha1l constitute one and the same Agre�rnent. d. Neither Part�'s �aiver of th� othe�'s brea�h of an� term or Conditi�n con-- tained in thxs Agreement shal� be deemed a�vaiver of an�r subsequent breach af the same or an�r other term or conditi�n of this Agre�ment. �Rema�r�der of pa�e int�ntxona�l� Ieft b�ank.� ; aa�31 �3o.DO�� i z f � Regular Council Meeting - November 7, 2012 - Page 138 of 186 IN �ITNESS VIrHERE�F, the Parties have dul� executed this instrument bela�nr THE TQ�IVN �F MARANA, an Ariz�na muni�ipa� �orporation � . Ed H�nea, Ma�or Date: ATTEST: jocel�n �. Brons�n, Town �Ierk APPR�VED AS T� F�RM: Frank �assid�, Ta�nrn Attorney STATE �F ARIZ�NA SS. �aunt� af Pima } GLADDEN FARMS ��MMUNITY ASS�CIATI�N ar� Arizona not or -prof it asso�iatio � a , B�• . . � Printed: � 1 � � � f I ts : r' a - � _ . Date: �� _ _ � The f ore oin �nstrum�nt �vas acknav�Ied ed bef ore me on �� , g � g Z�12 � Q� �� I� � the ��5�� r�� of �LADDEN FARMS Y ��MMUNITY ASS��IATIDN� ar� A�izona not-for-profit asso�iat�on. M� carnm�ssion expires: �s�snr�� +�rrrmy� � ew�a� � � •' � � � �+-1'� L • rr � + + : q�'�� '�� # --�-�. . : ��`�� .�_ � �A�� , �,q� � � � � ,� N��ry �u��c � � ! : �► � �t� �,�� +► * �� s ��i��y�t��w+Mwf�� 7. �� I1*n�llxdeqfi � ■ ' � o�a317� o. no� � 2� _� � Notary Public Regular Council Meeting - November 7, 2012 - Page 139 of 186 � , _ : . , - ' - -- - , . ... _� " • •- . . . _ .�. .. .__. , ._ r ' . I �` . . � � .'.�. ,. �, . '� ' �� • , '-.. . ... .. ' .. -••+-' • � -�_r�ti�_�� . _ "' . � . ' ' .. . '� _ . .. _ . + �. * , •_ • , . . . . . • . � _ . • • ' . _ ._ y . - _ . . -. . . _ � . : � . .• . . , . . . _ . . . .. , I ' : • ' , . . • . . ' - ' , . � , . . � �' '�. t� .' . . � � I � � _ ' • : - , ' � � � ' ' ' . . � � � , ' _ ' . . , • .. . . ! . , • . • ' i • . . � , . _ _ . • . . .. _ .� � • . . ; ' , ' . : `. . . . _ _ _ ' lr_ ... �, . : . - , . •: • . - ��' . : .. , � � � ' � �. • . � . ' , � r .. - .y, ' . .� . I � � ' • . • �•� ` . ' •• • , '_ . �.. ' • � . . . � . .. ' '+ M1. • . . ' . . ' . _ l . -, . • . y ; i . . . ti ` • • i . I - _ . µ . . ' . ' .. . i . • • . • - . ' " • _ ' � � I v ,-} .. + . � . , V• . .F J .. , _ ' ' {'• � -_ -' • - �• ' - - ' • - • • ... ' _ • , _' • • , + , . ' � • , •' , ' - � F I � • ' ' • ' �' ' f ' `+ �1 ' • ' • • • ' • ' • • • ' • � • ' ' ' ' .r . � � . � � _ � . _ � � . , . ,i . , }. � . ' � . ' M1 . . ' . . .. . , • � � • . . . . � . • . _ . • • . , . . . _ , , � . , � � , _ , , � _ � I ` . r. , . . .. . ''. , '• , '_ ". , . ,•.,,, ' • ,, . '. • • � � , - . . � . .. . .. � . . . . . - . . . . �� . . . . : rr• . . . , _ �, . . , . . . � . � �� t �; . • r' .. • .. . , � . , . . , , _ . . ' r_ • , ■ ' . ' _ • ': * •- ' : ' • ' � . ' •�.� - ' � . . : • • • ' ' . : . ' ' " . .. � _ � , - • . . . . • r 1 � ��..��:. � .:: .- ..,. .L�� - �-�� -�. ��. � �: :��. _:.,. :.: .�. .....�.. . .�... :_. ....: :_ ..� ..�.� .-� : � .-. .�.:... _�..�. ..:� _�.: _ ..:�. . .. .�. ' {�� . ; .� ; , ;; . � 'lL+ ' T . ' . .. • • , � . F . � � � � •• . ' i � . . � � . • • y � , . . . . . I , � . L. . ' ' R,. _ . ... -. � ' . ' .. L • : • _ . l ' �. : ,' . � +� � � ' � • � . . . . � I . . .• : M1 • a � - ' ..�. . . •. , �� ` 4 � M1 . . ' ' . .' - - �_ .. • .• . ''' •. • • . ' .. � • ' • • 1 y '" �• 4 � � � � ~� ' . . ,. . _ . . ,,�. .. . ;.�. , - _. . . r — , ._ _ti. f .. .. :. .. , . . �. . .� ..... . . . . . }.., ,. . . . . �:,; r . , -w . '� ,� . � r . , J . ' _ ' . . t. �• �.Y � . . :. _ . �M1� . _ . . ' . _ L ' ' . ' . ' ' . • ' . ' . a • • ~} • � . f ' ' f � � • . . . � � • • F f � ' . {i � � - a , y ' . ' ' ' . ' � . • . • � � � '- .. �7 ' . ' . , a� L " ' • . .. . . � -.�i�� . , �'- :} ��`�' ry � . �•}� f • � •, . . . . , • ' F ' ' . . .. - �. ' . _ , . �.. - . . . . . . .. I • • .r . . ' • ' ;'� . � • . : � , • , � ' • ' . � ' • ' . � ._ . . . . . . . , _ ,- �� . .� •y ��y,• _ ' �•++ • . •? . , „ _ •,•, , ' �'�• . , •, , _ i - ' . .. . . . • 4 . . . ' rt�YiF�� _ . • , ��73, � _- � �� l+� — — r�i i��'s� � � . ' . ' ' - . 1J , . ' . � , • F y . . +� . _ , ' . _ � . . ' . _ , ' . +'� • . _ . . _ . 1 r ' . � . � . �. .' � . �- . ' , . . ... � � .� y . , , - . . •�+•. •1 � � , : : � . . • , , : . � • • ` -. I '4 " � L • _ • - . . « . ' . . '� . i ' ' . . ' . . . = • • . • . .'•� 4 '�= . _ _ . . . ' _ '. ... . ' - . • . • .. • _ . � . - . • . _ r . . . •. • � . • . � f � r . . _ . . . . . _ � . • r' . . . . r • r + r • y , • � . . � . M1} •,:, . _ ,.,�.. , �� _' 1 ti _ � •� ' L � X ' ' ' . .. • • • +L'+ • _ �' • - • - '� Y L• , � ' . •• � . � . . � + � �. • l . ' •ti ' Y '' { ' .�. .' ' � � `y• ' • a � • , - � • • - ' • • + - • • • _ - • - _ • • ' L � •+ � ' - ' • T � v . , � . � � • r • h v � . ' r�_ � C�+ i ' . • • _ ' M1 . ' � . . � � • 1 - � � • � • . . - . . ..�'_ ' _ - �.S'•�:r � � • • � .. r ti . ..'`L - _ �r _ •4 ��' • • ' r '• . ' . l ' '`ti ' - ' � • . ' • � �. �,' , 'r _' y . ,. .... . � , + . - - ' . �r: . " � � • � • ' ;�� . • ' •� . . ' ' ` _ • • _, _ ' ' ' • ' I _ .. � - . . . , . � . . - _ . .. ' . �• • 1 . . : . . , }•• iY.'' �, .'�• L � 5 ' .X, • ` .4 "� . '."+.' ' . • ! � _ • �K' , . ~A, • ' , ' ' ' '�� ' .. • • ' , ' . . �� . } , . . ., � . . ' c' �'N .•�� •r' k .. . �. . . � . , . . •� ','. , _ , .+ , . '' �' l- 'r . • � I � ' M1 • - ' •� '•r '�'. � �� } � ' � ... �. � • . � . - : i � . ._ . �- ' � . . . . . . � . . ' . . " � • r �• . ,tir�+'r � . "� ' •' �•�' •• ' �' . , ' • • • ' . �•� • . • . . - y � , � � - ' M1 ' . • '��"�r ,, • . . 'lt. • • _, , . . '; � � � ' ' y . ' • ' � - ' � • ' • ' . . _ . _ _ . . L • . i •, t • . �' r v ' . � . • �+.f �� ' _ .' • .' ', _ , � � � �+}.. , � - �' ' - ' '. ' �. � . . ' _ {_ .. . � �r� , • . . I • . . . , . M1 �•� �rL ti •• _ . t � �' �• ' �• + � ' •/. _ , , , , _ . • •�,�•,:".r.' �, "?"•' ��''.. . '� :� '� .�t r..� ,', '_� „� ti: '•r. � . . _ , � �� ` . .. . . Y - . L L . a _• . • � �,. + .� _ . . .. _ . . � _ • . . _ '� �5 . ��'„ �' . L � S• - y. } • • , - -� . � i � y 4y . . f �. ' ' } i i . J , • r _ �•� 4 . • + � , . ' . . � � . .. , . ` .•� .- .�� + ' . ' .� r . • . . a -- • • ' , r . . 'r .�'�• 'r �' r� Y Y � -�� ' �� .. �r-' - `x r � _ ' � . � _ . ' • ' • • f'.• • ' � _• .,� .•ti�. M1 i • '�L ' - 1 . - • 1' ~ � a•� . . _ • _ ': '.� .' � _ . . . � M � • ' ' - �� ' tr , • ' � � �• r � � � ' �'� . - •�� •.r �• _ . . . .. � _ . . 'r . � ' , . � : _ ' � � � �,.G ' , ti 'r..: . . ' . F _ . . +' • • ' " ' - i ' " r�_, � .'t �.ti.- :'L '. .� . . k • �+��. _ ' ; � L , • , • • v=�* ` . ' . .. . . .c < t�. : r,;�•;''. 'a •, , : �'M +.�, .��. . �. � , � �' � . . . .. . .� ti'r . - - • , . � - .. � � y ,a•• '+ � .�•.'•.:�� , +' r ,�' r •... � �•3.• �'�_ : Y �f�• • � , .r� - , • ' .'.}' : " • �r�: f t •'�f• `• • � •; � f `��K • i ' � �� ' •��. r ' � ��. 3 r _ . , f.• . F �� .:� 4 . �, _ �� ', � : , , , ' t � '. r. . - ' - _ •'r ' r .� rk.,- � , ' ' � •• 'r '.'. r , . . • :�'� . }�' ,_''J' _. r " ' ' •• . . �� . � ' i ''r' � � • � � � .. . , . . ; • �. . :.++ Y '} �=�+'. ' '+'. _i ' •• k". . '.�, i r _ �� .' �, • r � , �' • S •_ ' ''y y. .,} � ` � .: , - • • ' , L , ' � ' • ' . . . � .. .. _ f � • . ,- ' �' M '�, t ' . _ , _� k'. 2 �� •. �• � � , � '� � ' ._ � 'i ..�� . . , • . ' t . . J �'+ JI ' • . : ' .' r ' : _ , M1 5 _y : r , . 1•�� • . L� # ' � yM1 • . M1 . � K� r • '�,� -•`' � ' '" ' - • ' . - � . . ± .+� • � 5, � / • � � _ µ_ L ■ S ' _' - 1 � '• . I � . � � } , . . � - •- , ' ' ` . � .. � . . � ' . ' u � +, � •f-•Y ••�' . .! � • ' '1 • � ti ' �• . � . L .- .. . . . . , ' • � •� ..� ' ' l ' + r �• _ � .�'. � f , i1 �' ,. ,_ }� _ ' .L.•• • • . . _ • _ _ ! _ � J ' ' , �; } � • .� 5 1 � .. +1 � � � --�• � y � . , . � • ' ' ' . ' . • , M1 .. � _ t. � ' . . ' � } _ - —'�`. � � � , =�y' � X �+r,'•.,�'� . � � Y i • �y� � • i�.' M1 , ' � '_ , � � _ . .. . ' : - - ' ' � . r'. . . . J ' • � . + , � . �F _ik � ��'� • i . ` .i • - ' ' . • _ � ;. i �� `�L - _ � �4 _r. , � .' . � , , - _ - �� F _ • ' r: �• r�•'' . - , .'�� 1' . .. _ '� ;�. , + . I . . . � _ . � � , �� • .. 1 �•, • ti� ••' � � • L� `• •F . - L�• , - ' • __ • � �, � . - . � ' � . . � . � . .. M` � ' • � � � • .f. � ' ' 1 'L i+�� ' . h . } M1 . • , r , • I . . . , i . ` � � a • . _ • , � ,� , .; y . . � . _ i . .. .y : . , . � , . � .. • . . � • • � . . '. . _ , �, • , _ • I _ . � ' i ' . .. ' ' . r • , • . • ' a • - • _ _ "_ . . 1 • - ` • ' � + '•� ,v �+ a � ' - t L �'. k ~ ' .. � � v • l •� • } . • i . , _ �. F � /' . I _ r� �.. ,.. • .r �� y ± . � . . . . . `-� � ,_ � .. --- ' . , . , .. . ; �. . � , . . � - ��` �� '.�'`.� ��.`� ��r��. . . �- . . . . _ � , _ � _ . Y _ �: . . . c , . . � • F�� , • - . . . : ''k ,�r.. ' • � .,s"��:� �' .. . ;'�-. • �.. ' }. ,{ i�. L ' , . L , . �� . ./ _ . . �• � . _'. •�. . .,�' ' � 1 F �•.. .;•. _ . • f . . ` � l � _ , r . � • � • ' ` . � ' � r 1.. ,�r � • , � . . i l v . F.' Y ` • i5. . ' . � . � � . . l , � + � •��- � � ' . � � _ � . ' L . . . . : _ti � � ; � .: . , �. ' � . 1 � ' . . _ , • . • �f•� •} ' 4 � . . r. • ., . _ . . . . . . _ . . . ... _ . , ' ', l ' f .. ' - � - '�' .� '' �. 'y � �� ' • ' 'ry` • � '}'• y' • ' • • • ' � • � + _' . . .. , ' M1 � - • ' • . ' ' , : 7.' •��.'' ' . . � � ' - . ; . �� r� . . • .r . . ' ' . . ' . • . r • ': � , ' ' ' •� • '• "` r k' � ' '. ' . - : •, # � ' ., -'� 3 • � : � . M1 - �. • .�' k � . , . . • � y _ ' 7 • . •� • . ' . ' • . i'. . . . . _ - . . . �� ' 'L'?; . y _ , _: �•��t��• _ . � � � ��' : i �� .. � k+ -.k ' . . , .. ' .. . i •r' : •�,� ' y • . . i • I � � , _ �. '• "F M , .•� •r • '� � s •� ' � : . •'� . ' f': • . • • • � • �� . � • � . , . .�..r:� '�` .. `} '.f '.r.L.'' `�i'�.;�y i .,_. '}_ .. �t �� . . ' JI __. .- , , .. . . , J k .- • '� ' ' • . . ... �� t`� ;�' _ �� . - f ... _ r - '; � '� M1 .. L �� , , r. � . i - . . • ' �' , t � �'�• � • . �4 � . ' , . . . . • . ' � •� • . . . • . r . • "�'; t • ,_.• r. a • . . . . �' • ' �'• ' . ' � . 1 '-�� . '� � _ • • - "�" y• �;' '.� . .ti , a • • . y . i . . � • '-`�, � '�+ `•�a .'�. ' •.�..M1r ; .} � •,`.'�"i''i� . • '�_ •�� — •' • - _ - . ti• '. . • . - . . ' • � • , ''] • F.ti�� y � # ,�� '�•' •. �.', �i: • �-.�'� !�,- - F ' �' _ , . ' ..',' , ' , ' .. � ' [ _ � ' . � � / • _ A - . ' � . � . . . . a . , f �'Ji � � • •l�4� ' Y i�' •J¢ � ' � - , , - 1 • �h '- • • • i � , � t' � ' � .. . � • � � ��Y� �f L. M1 • + •' L . }M1L_�` ' �•ti�! . f '� •'_ • -- � ' ..• 1 _�- �'S � � � � . M1 . . , 1�' • � � ' � - - � . �: . �, =: ��L� , . . •� _ . � . r.- . ��. . � �' . F. F0 . • F � . y � � . . , ' . =� }F i • M1 . '• ■ . . . . . � � .. . . . , r - '� .. r • �,� rM1 ti y . � �� .i� .+ ■' ' �.• . ��' a• , . , . � . � _ • � '•. . ' _ y . . _ .. 4 , � , • ,F - . . . . . . . � i � � �• � . � � +, ' �,•'� ,�;�. , �. ��• ' " • � , . •• , y , �' � Y . . +l' '.� ' • . ■ . . . . • . • . • ' •� . . . � . . . • � ' � � � e � . ... y . • . • � . . � - •� � . � � . . . . �•:} �.- •• . • .- . • '., . . . . , •� , . + , • ;' . � • • ?' , ■ • • . , . - ' r ' ' ' • , ' , •� _ • . - , _ .... . , . ., . . . �a . .. , ... .. � .. _ ... .: . _ � � � • • _ �".• '� . . • ' i,! � • _ • ' � rM . ..� �. . . . . ' . . ' , .. • ' . • �. � . ' , -. . .�'— + �i , �'�' . ';. � � , . r � , � -..- . , ' Y' - • , . �' � ,�. _ . : � � . r ■ � • t• �•� ..r' , �• � � � . . - w.' . .. . ' .!i a . _ . • ' . .... . . ' . . , � � �.. • . . � . . . . . . � ' . i�� _ I , • ' ' • - . , . } . • • , I + - � ' . ` . f . � -� � • ' .+ ' - ' � ' ' � � . y . '' � r � . - - � ' . ' . � . F ' . - . + : . . 7 I , , • • - . ` ' � •' • � � , . �• • � • � ' � � L ' � �� ' . - ' y � . � + M1 ' { -{ • • } • -F'• - � . ! + 'M1, . • . . � v .. I ' � -�� 1 ' . ' , . . . � . i , + +rt . . . .. . � . � • ` i '�, ' - I .�r i . . I • . • ' -I ry - ' . a�. i • • • ' . . - . • i + • . . . • • 1 . 1 . ' � f F . . � ' M1 � . 1' . ++} + - . i . �J•� +�+ • y' y • . . , . . . • � . ' - R .� �� r � • 'L • • ' M1 _ • + _ � � , . . .: i . . .�"r• _{t• . . , , ; , . . � -• . • � � � � • _ � . _ . . � • . . � � . ' • ' _ � . - '. � ' 'r � , ' ? , . � • . ' . _ . . . - • ' . .-. • .. . � . . . . �, . . _ . y. � E y . • � . . Y;' ' � � _ ' • � ' . �s' � '� . ' .. ' ' �k . . . ' . ' . . � ' ' M r i i . � � . .� � • �� _ • ' .. .' • .. ' � 'y ,'�� '' : . _:�' � � y � ' ,. y , • ' • • 4' . . • � - • • ' i ' � r}' •r '-�, ��,L ;��,• y , �� ' • ' �, _ . ' • , � ' � � ' {' • • ' � `' • r - �; . t'' � �� r '. r • � • � � ��. - • . .. ' ' � • . � •� • � ' . . _ ' . � . . . .' i.ti -' e � • + • • , • . . � ' •. . _', . .� , � ' • ' • � ,•'' • � .. •' ; 3� • • F • ` •• ' • . ' . ' , , � . . . ' �a ' �� . , •. ' • ' L� ��'. •'�• •�� ti ` �Y f . ' � �. • 1� � • /'' - , , ' .. � . . i I . . � ' � • , ' r �'' } �r., — �, ...�.,' . - • ,•F . . . . _ , . . � �; - • � , � ' • - , . �•.'_ , _ . � � � _ . • _ . - • , • , � � . . r ' � ' � ' ' � . � � y • . : M1• � _} � • ' _' . �� , • � � � � .� . � + . ' . . " � : • • • . � I I �, • �' I . '� �,�,. �' - � • . . �' W • ..' , ' ' ' - . ' � � � � ' • �� ,,�. , • • , ' ,' • , ' _ . . • � a�. � �- ` � � �_ , - � . s . ' �� . - �. ' � .. . � . � t.!'� � � � : - . . . � � . . . . . i � , �� .��.�� : .ti . . � . - . , ' � � ..� � = ; . � � � • • � � � � . :,.. � � . � �� . � � � ., � , � � � �..._...,.�..... � � . � . . � ,•�� I � , ; . . • � � ' ' .' . t . � , �� -� '�� * � � ' • � � k ' i �. ' ' • � . • � � - . �-�—_,.� • • _ � '. . . , _ � . . ' ti . y � � •�• '• . ' ' ' �' - �„V ' ' - • _ ' r • ' - . ,. I i• i - : •• tii { � ' r '. .' , �! .,' -. . . + ` .:� � ._ y ` • - � f ' • r # y :� �' f '1 I • l .,� . r ; . , , ' ...� . . ' ' ' . ' .' . .._�—• ��- . I , •' •fl ' . f • � ' • ' . • ' . . . � ' • . • . . .' ._ k .._ . . • � ' I . � 'r �� • ' : . 5 � ,' . ',''. � .. ' : � . . � . . � . . _ . , ',_� ��_—._... i � ' •.� .'� .� ' � � -.{ . . . �. • . . +�_ .' , ' • ' -- �J. - . I � '.j � . . � . ' . . . .• r . _ � � . �:; �� ' 1 C �, . . ��1 +�.. � W � � ■ F � I ' ' ' , ' � � , � J . � ' '�� + .• `'� • � ,r� i i ~ � � ' • . � . j � I • �� ~- � 7 ' � �+ • : � ' �', � ' k _ � � �� , • � � , . � � , �•' ' • 1. •- • . �' . • . • , � , � . . : . . . ; ; . ; , ' . { � �� . . . � -r � � � ,_ E f � • ' • � . r • ` . . � ' � R .� �' . . • • - � , r � � . � - . . � , �, . - , • • . ti• � � , . ��-` . . . � � . . • � . � � � �. . i .; r. G� � _ . � � . � � . � � ' �- �� . . � „ , - , , � , � � . _. - . , . . �� r � � + ' . ' . '• • ' � , �, f. � - , r � . � � y � � �. � � . . . . . r � . � . _ , x .� � .. - � • , • r . . � � . • • • • ,, . _ • , r • • i � . . . , . , . � .� • • � _ , . � : • _ . ; . . . . . . � . _. . . ; I � � '.�� . . ' � 7 � . • . . : ' .. � . , . .• . � r . • . , � , ., . . . • . . � ' •-.� , � ' � � • � � � .• � . � � . . ' , • i � � � ' - . • . . _ . _ , , _ . . , . . . . . . � � � � . , _ . � . ' � l . . . . ._ . � . . . . , ' . . . _ , _ • . . . .� • - , � . r , , _ , , . . : ' , � L -• .� 1 . . a . _ � ' _ ' ' �. F , • ' , �i � . . L • � r . � � ' ' . . . - . . • � . }-. �`'. . . ' ' - . 1 � y� L L k , �' ' , . � • t . • . . t � f � ' � . • � � + � . } • � � � � . . ,# . . � ' - • ' • ' ' � . - - . , , � �a �� . -i� , F�. � . , . � , � . . . ; , . . { �; . . � ; � ; � . . � - � °� � . . � � � . � � 1 F . . . . . . i � . . . " . • . . . � r � � � � _ +, � . � . i i � ? . - - � r. - . . �1�4�� . � I I � I . .� � � � � . . � �� . . . , � . . . _ . . ' I� � � � � � _ . . _ �� . I �. .._ . . � . : .� . . . � . .... . .. . � .. . , � .� .. . . � , . , � . �rrr��r. ��-r-+-��-:s��...T,�•—�-ti��^—r.T�nr--•��.��-T�T�"�r--'�'�—.^.�Y7t'��Y:ti'�dssb-rt•��r+•�;;�4��:•."'�: .:.`"+�..��•�'r.�-�..�-��-�r-r'.*—'.;r'; "r'!.^.':L�'. ,^' , MS';' ti=•�•r„�+,�'r.��Y}.++'2 . . .. . Regular Council Meeting - November 7, 2012 - Page 140 of 186 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Benny Sanchez, Building Official Strategic Plan Focus Area: Not Applicable Item C 7 Subj ect: Resolution No. 2012-086: Relating to Building; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Arizona Department of Fire, Building and Life Safety, Office of Manufactured Housing to enforce installation standards Discussion: The Town of Marana has partnered with the State of Arizona's Office of Manufactured Housing (OMH) in the past for plan review and permitting of manufactured homes, mobile homes, factory-built buildings and accessory structures. The state inspects the factories and dealers of these structures to ensure that they are compliant with state building codes. The Town of Marana inspects only the installation and utility connection of these structures. The state provides training as needed to Town building inspectors. The fees that the Town charges for these structures are set by the state. The program has been in place for many years and has worked well for the applicants and installers of these types of structures. Financial Impact: The fees charged under the IGA requirement are anticipated to recover the cost of permit inspections. There may be additional limited plan review performed due to the state certification of the structures. ATTAC H M E N TS : Name: � Resolution 2012-086.DOC Description: Resolution 2012-086 � Marana IGA Contract Renewal.doc intergovernmenal agreement Staff Recommendation: Type: Resolution Exhibit Staff recommends approval of the resolution, thereby continuing the relationship with the State of Arizona for this purpose. Suggested Motion: I move to approve Resolution No. 2012-086, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana and the Arizona Department of Fire, Building and Life Safety, Office of Manufactured Housing to enforce installation standards. Regular Council Meeting - November 7, 2012 - Page 141 of 186 MARANA RESOLUTION NO. 2012-086 RELATING TO BUILDING; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TO�JN OF MARANA AND THE ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, OFFICE OF MANUFACTURED HOUSING TO ENFORCE INSTALLATION STANDARDS WHEREAS pursuant to A.R. S.§ 41-2151, the purpose of the Arizona Department of Fire, Building and Life Safety, Office of Manufactured Housing (OMH) is to maintain standards of quality and safety for manufactured homes, factory-built buildings, mobile homes and accessory structures, and installation of manufactured and mobile homes; and WHEREAS the Deputy Director of OMH has been directed by A.R.S. § 41-2153(B)(5) to en- ter into agreements with local enforcement agencies to enforce the installation standards in their re- spective jurisdictions consistent with the installation standards of OMH; and WHEREAS the Town and OMH 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 OMH is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, AS FOLLOWS : SECTION 1. The intergovernmental agreement between the Town of Marana and the Ari- zona Department of Fire, Building and Life Safety, Office of Manufactured Housing, attached to and incorporated 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. 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. Marana Resolution 2012-086 - 1 - Regular Council Meeting - November 7, 2012 - Page 142 of 186 PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 tn day of November, 2012. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 2012-086 - 2 - Regular Council Meeting - November 7, 2012 - Page 143 of 186 EXHIBIT A AGREEMENT BETWEEN ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY OFFICE OF MANUFACTURED HOUSING AND TOWN OF MARANA TO ENFORCE INSTALLATION STANDARDS This AGREEMENT ("Agreement") is entered into this day of , , by and between the ARIZONA DEPARTMENT OF FIRE, BUILDING AND LIFE SAFETY, OFFICE OF MANUFACTURED HOUSING ("OMH") and the Town of Marana ("Agency") . WHEREAS, pursuant to A.R.S. § 41-2151 the purpose of OMH is to maintain standards of quality and safety for manufactured homes, factory-built buildings, mobile homes, and the installation of the same. WHEREAS, A.R.S. § 41-2153(B) (5) directs the Deputy Director of OMH to enter into agreements with local enforcement agencies to enforce the installation standards in their respective jurisdictions consistent with the installation standards of OMH; and WHEREAS, it is the desire of both parties to eliminate unnecessary duplication of inspections regarding installation standards within the Agency's jurisdiction; NOW, THEREFORE, in consideration of the premises and mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree as follows: 1. Monitorin,� and Enforcement. For the duration of this Agreement, the Agency will monitor and enforce the installation standards set forth in A.R.S. § 41-2195 and A.A.C. R4-34- 102 as they apply to installation standards and accessory structures. 2. Term. The term of this Agreement shall be for five (5) years from the date of this Agreement. 3. Standards of Performance. In exercising the authority delegated hereunder the Agency shall perform to the same standards of performance that the law imposes upon OMH in exercising the authority described in section 1 hereof. In addition, the Agency shall not approve any installation unless the installer affixes a State Insignia of Approval as required by A.A.C. R4-34-802.A and pays to the Agency the fee established by OMH pursuant to the authority by A.A.C. R4-34-501 and as permitted by A.A.C. R4-34-506. 4. Monthly Reportin� The Agency in this Agreement shall submit a Monthly IGA Report to OMH. A copy of each closed mobile home/HUD manufactured home or FBB permit shall be 1 Regular Council Meeting - November 7, 2012 - Page 144 of 186 submitted with the monthly report. The monthly report with copies of permits shall be submitted by mail, fax, or email, on or before the 15 of the following month. OMH will provide the monthly report format which will require the following be collected and documented: a. ARZ HUD label number(s) or FBB manufacturers insignia number b. Unit serial number c. Installation insignia or FBB plan approval number d. Address of installation e. Date of approved final installation inspection 5. Fees Char�ed b, the A�enc� Permit fees charged by the Agency shall be the same as the Fee Schedule created by OMH pursuant to its authority under A.R. S. § 41-2144 (4) and A.A.C. R4-34-501 and no more than permitted by R4-34-801(E). All fees collected by the Agency shall be kept by the Agency as compensation for the services performed by the Agency under this agreement. The Agency shall not be entitled to any other compensation for services rendered by it under this Agreement. 6. Termination. Either party may terminate this Agreement at any time without cause by giving the other party thirty (30) days written notice prior to the date of termination. Additionally, OMH may terminate this Agreement immediately and without notice, if OMH determines that the installation standards required in the Agreement are not being maintained, or that local fees are not consistent with the inspection fees established by the Board of Manufactured Housing. 7. Qualifications of Personnel. The personnel that perform the functions delegated to the Agency in paragraph 1 hereof shall each have no less than one year of experience as a building code inspector or manufactured housing installation inspector. 8. Inspector Trainin� All Agency Inspectors performing under this Agreement shall participate in required initial and/or periodic training as set and coordinated by the State. 9. Duties of OMH. Should OMH require inspections of any portion of the installation of mobile, manufactured homes, accessory structures or factory built buildings not required by the Rules referred to herein and not covered under this Agreement, OMH shall be responsible for the inspections and enforcement thereof. 10. Notices. All notices shall be mailed or delivered to the party to receive such notice to the following address. a. If intended for OMH to : Department of Fire, Building and Life Safety Office of Manufactured Housing 1110 West Washington, Suite # 100 Phoenix, AZ 85007-2935 Attn: Debra Blake Title: Deputy Director Phone: (602) 364-1022 2 Regular Council Meeting - November 7, 2012 - Page 145 of 186 b. If intended for Agency, to: Town of Marana 115 5 5 W. Civic Center Dr., Bldg. A2 Marana, Arizona 8 5 6 5 3 Attn: Benny Sanchez Title: Building Official Phone: (520) 382-2661 11. Interpretation and Amendments. This Agreement contains the entire agreement between the parties hereto. This Agreement shall not be amended or modified in any manner, except by an instrument in writing signed by the parties hereto. 12. Headings. Headings are for convenience only and are not to be construed as part of this Agreement. 13. Invalidity of a Term. The parties agree that in the event any term, covenant or conditions herein contained should be held to be invalid or void, the invalidity of any such term, covenant or condition shall in no way affect any other term, covenant or condition of this Agreement. 14. Dispute. In the event of any dispute between the parties under this Agreement, the parties agree that they shall submit the dispute to arbitration pursuant to A.R. S.§§ 12 -13 3(D) and 12-1518. 15 . Inspection and Audit. Pursuant to A.R. S.§§ 3 5-214 and 3 5-215, all books, accounts, reports, files and other records relating to this Agreement shall be subj ect at all reasonable times to inspection and audit by the State of Arizona for five (5) years after completion of this Agreement. Such records shall be produced at the Auditor General's Office or such other office as the parties hereto may mutually agree within a reasonable time after request. 16. Conflict of Interest. The parties acknowledge that this Agreement is subj ect to cancellation by the Governor of Arizona pursuant to A.R. S.§ 3 8-511, the provisions of which are incorporated herein. 17. Prohibition A ,�ainst Discrimination In the event that it applies, the parties agree to comply with the Arizona Governor's Executive Order No. 2009-09. 18. Governin,� Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. The exclusive venue for any litigation, arbitration, administrative hearing or the like concerning this Agreement or any matter arising therefrom shall be in Maricopa County, State of Arizona. 19. Unavailability of Fundin�. Every payment or financial obligation of the parties under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by any party at the end of the period for which funds are available. No liability shall accrue to any party in the event this provision is exercised, 3 Regular Council Meeting - November 7, 2012 - Page 146 of 186 and neither the OMH or Agency shall be obligated or liable for any future payments nor for any damages as a result of termination under this paragraph. 20. E-verif�To the extent applicable under A.R. S.§ 41-4401, each party and its respective subcontractors warrant compliance with all federal immigration laws and regulations that relate to its employees and compliance with the E-verify requirements under A.R. S. § 23 -214(A). Each party has the right to inspect the papers of the other party or its subcontractors participating in this Agreement and may result in the termination of the Agreement by a non-breaching party under terms of this Agreement. 21. Sudan and Iran. Pursuant to A.R. S.§§ 3 5-3 91-06 and 3 5-3 93 -.06, the parties certify that they do not have scrutinized business operations in Sudan or Iran. For the purpose of this subsection the term "scrutinized business operations" shall have the meanings set forth in A.R.S. § 3 5-3 91 or 3 5-3 93, as applicable. If one party determines that the other party submitted a false certification, the non-breaching party may impose remedies as provided by law including terminating this Agreement. IN WITNESS WHEREOF, the parties hereto agree to carry out the terms of this Agreement and have executed this Agreement the day, month and year first written above. OFFICE OF MANUFACTURED HOUSING Name : Debra Blake, Deputy Director Department of Fire, Building and Life Safety Office of Manufactured Housing APPROVED this AGENCY: Name : ATTEST: Hon. Ed Honea , Mayor Jocelyn Bronson , Town Clerk day of , This Intergovernmental Agreement has been reviewed by the undersigned attorney for the Agency who has determined that it is in appropriate form and within the powers and authority granted by law to the Agency designed herein. � . Frank Cassidy , Town Attorney This Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-952 by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers granted under the laws of the State of Arizona to those Parties to the Agreement represented by the Attorney General. Dated this day of , BY: Mary D. Williams, Assistant Attorney General 4 Regular Council Meeting - November 7, 2012 - Page 147 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Jocelyn Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Subj ect: Approval of Minutes for October 16, 2012 Discussion: ATTAC H M E N TS : Name: Description: Type: � 10-16- 2012 Reqular Council Meetinq Minutes.doc october 16 minutes Staff Recommendation: Suggested Motion: Cover Memo Item C 8 Regular Council Meeting - November 7, 2012 - Page 148 of 186 REGULAR COUNCIL MEETING MINUTES 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, October 16, 2012 at ar after 7:00 PM Ed Honea, Mayor Patti Comerford, Vice Mayor David Bowen, �ouncil Member Herb Kai, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member CALL TO ORDER AND R�LL CALL. Mayor Honea called the meeting to order at 7:00 p.m. Town Clerk Bronsan called roll. All Cc�uncil Members were present. PLEDGE OF ALLEGIANCE/INi�OCATIONIMOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Mvtion to app�vve the agenda by Council Membe� McGo��ay, second by Vice Mayo� Ca�ne�fo�d. Pacssed unanimously. CALL TO THE PUBLIC. David Morales spoke regarding his involvement with the Marana Regional Veterans Cemetery which will also be known as the South Central Regional Veterans Cemetery. PROCLAMATIONS 2012 Cities and Towns Week Proclamation Mayor Honea made this proclamation a part of the record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS . Council Member Ziegler thanked T. VanHook and Melanie Nelson for the great j ob they did putting on the mobile town hall last Saturday. She hopes this becomes an annual event. Mayor Honea reported on events he has attended since the last regular Council Meeting : he attended the October 16, 2012 Regular Meeting Minutes Page 1 of 4 Regular Council Meeting - November 7, 2012 - Page 149 of 186 AAED (Arizona Association of Economic Developers) meeting he was at the Casino hotel for a meeting with 14 mayors from Sonora, Mexico involved in bringing commerce from Mexico to Arizona; he and Mr. Davidson attended a CAAG event in Apache Junction; he was in Phoenix for the award to Priscilla Storm who received the Business Person of the Year by the Capitol Times; he toured the MTC prison, noting that the prison provides about 50 inmates per week to assist Marana at 50 cents per hour; he urged citizens to take the tour; he was on Wake Up Tucson, talking about Marana and some of things going on; he was invited by Mike Grassinger of the Planning Center to tour Davis-Monthan as a guest of DM 50; he also congratulated T. VanHook and Melanie Nelson for the hard work they provided in putting together the mobile town hall. Tomorrow is the Jack Horton memorial dedication at 8:3 0 a.m. at the Northwest Fire Station in north Marana. On October 20 at 10:00 a.m., Ora Mae and Jerry Harn will be re- interred at the Marana Mortuary. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported on a number of items beginning with the Council Executive Report for (�ctober, which is on the dais. Next, he also noted the Jack Horton Memorial and expressed his thanl�s to David Morales for his hard work in getting this done. There has been a great effort toward planning and preparing the community for emergencies, including the classes and workshops which identified threats and responses. He recognized Melanie Nelson as the lead person for this effort as well as Dugger Hughes, Batallion Chief for Northwest Fire, Carolyn Marquart, Marana Health Center, and Robert Corbell, EMS Captain and Sean Culliney, EMS Training Coordinator. He thanked everyone for the time a great event to bring department will be gi October 27 from 4-6 three-mile hike in a s; �.nd energy given to this effc �itizens together. All thrau ing guided hik�s of the Tort m, a self-guided visual_ scav information. He also noted weeks for c�fficers who hav PRESENTA with minimal ,t a number of 1 e also recognized the mobile town hall as i September-Apri1, the Parks & Recreation ita Fan. There will be an Eerie Hike on �ger hunt hike in Wild Burro Wash. This is a �n gain. Visit the Parks website for more f support have been received in the past few e abave and beyond the call of duty. P 1: Presentation: Relating to Community Partnerships; update on the Open Doors Community School and Arizona Youth Partnership. Presented by Linda Zupi, member of the Board of Directors. She introduced Daniel Stoltzfus, executive director. This facility is housed in the former Marana Health Center on Sandario Road. Mr. Stoltzfus gave a comprehensive overview of the program and facility with a detailed PowerPoint. CONSENT AGENDA. Motion to app�ove the Consent Agenda by Vice Mayo� Come�fo�d, secon d by Co un cil Membe� Post. Passed un an imo usly. 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 October 16, 2012 Regular Meeting Minutes Page 2 of 4 Regular Council Meeting - November 7, 2012 - Page 150 of 186 Marana and the American Red Cross regarding cooperation and support in preparing for and responding to disasters 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 C 3: Resolution No. 2012-079: Relating to Development approving a final plat for Tortolita Reserve C 4: Resolution No. 2012-080: Relating to Administ�ation; app�oving and autho�izing the Mayo� to execute an inte�gove�nmental ag�eement between the Town of Ma�ana and Pinal County �ega�ding Town employee pa�ticipation in the Pinal County "Safety Roadeo " Added Late C 5: Approval of September 18, 201 LIQUOR LICENSES cial and Regular Sessian Meeting Minutes 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 386Q �. River Road, Number 5. Presented by Jocelyn Bronson. She noted that this application was properly posted and no protests had been received. Staff recommended apprc�val. Motion to app�vve by Couneil Membe� 1V�cGo��ay, second by Vice Mayo� Come�fo�d. Passed unanimouslv. L 2: Relating to Liqua� Licenses; �ecc��mendation to the Depa�tment of Liquo� Licenses c� Cont�ol �ega�ding a speeial event l iquo� l icense appl ication submitted by Dillon Dc�uglas Taylo� on behalf of No�thwest Fi�efighte�s Local #3572 Membe� Se�vices fo� holiday banquet and fund�aise� fo� local cha�ities. Added Late . Presented by Jocelyn Bronson, who noted that this application is for a special event at the Stardance Event Center; staff recommended approval. Motion to app�ove by Council Membe� Kai, secon d by Co un cil Membe� Ziegle�. Passed un an imo usly. 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. Presentation by Suzanne Machain who noted that this was a summary of changes to Chapter 4. She noted that many of the changes are not new, but more of a October 16, 2012 Regular Meeting Minutes Page 3 of 4 Regular Council Meeting - November 7, 2012 - Page 151 of 186 reorganization. She then highlighted the substantive changes and answered questions from Council. Motion by Council Membe� Bowen, second by Council Membe� Kai to di�ect staff to move fo�wa�d with these �evisions. Passed unanimously. D 2: Relating to 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. There were no items for discussion at this time. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.Q3 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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 1Vl�rana v, Pima County/Pim�. County v. Marana (consolidated), Maricc�pa County Superiar Court No. CV2008-041131, Arizona Court of Appeals No. 1 CA CV 11 a3 81; (2) the lawsuit entitled Pima County v. Town of Marana, Pima County Superior �ourt No. C20116094; and (3) pending legal issues, settlement discussions �.nd contract negotiations relating to the transition of Marana wastewater c FUTURE AGENDA ITEMS Notwithstanding the ma if three or more Council placed on the agenda for request, pursuant to Ma�r� eatment ta the discretion regarding the items to be placed on the agenda, bers request that an item be placed on the agenda, it must be econd regular Town Council meeting after the date of the `own Code Section 2-4-2(B). ADJOURNMENT. Motion by Council Membe� Post, second by Council Membe� McGo��ay to adjo u�n at 7: 59 p. m, Passed un an imo usly. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on October 16, 2012. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk October 16, 2012 Regular Meeting Minutes Page 4 of 4 Regular Council Meeting - November 7, 2012 - Page 152 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Curt Woody, Economic Development Director Strategic Plan Focus Area: Commerce, Progress and Innovation Strategic Plan Focus Area - Additional Information: Item A 1 The Commerce focus area is meant to attract and maintain career-oriented commerce. The goal of the MJCIP is to stimulate the development of sustainable, career-oriented, head-of-household wage j obs and commerce in Marana. The program is designed to encourage both new business attraction and existing business retention and meet the obj ectives set forth in the Strategic plan for economic development. Speci� cally, Commerce initiative 2, strategy m states : Develop incentive policies to attract career oriented commerce. Subj ect: Resolution No. 2012-087: Presentation: Relating to Economic Development; adopting the Marana Job Creation Incentive Program and authorizing the Town Manager to administer it. Discussion: On March 2 2010 the Town Council adopted the Marana Economic Roadmap, the Town's �rst strategic plan for economic development. This action represented a maj or achievement in identifying the types of j obs Marana wants and how they should be attracted and developed in the community. This was followed quickly by the Marana Job Creation Incentive Program (MJCIP) in May of 2010. The MJCIP advanced three of the �ve Roadmap focus areas and speci�cally supported �ve strategies and initiatives contained in the plan. Under the MJCIP companies that choose to locate or expand in Marana are eligible to divert portions of the construction sales taxes generated from their facilities to other initiatives that both lower their overall cost of construction and bene�t the community. Currently, eligible companies must generate at least $52,000 in construction sales tax revenues (approximately equal to 2 million in capital investment) and 25 j obs which pay at least $40,000 annually. These companies may then request reimbursements of the construction sales tax dollars their proj ects generate to support employee relocation to homes purchased in Marana, beauti�cation of the Interstate 10 corridor and internship/training programs for high school or college students who reside in Marana. The current MJCIP program is set to expire on of June 30, 2013. Staff is recommending a continuation and expansion of the program with the following improvements : Quali� cations Reducing the minimum construction sales tax revenue from $52,000 to $24,000 (which would correspond to a capital investment of $1,000,000) Reducing the number of permanent, non-construction career jobs of at least $40,000 annual income from 25 to lOElementsExpanding the roadways eligible for landscape enhancement to include arterial roadways (current program only allows I- l O landscape enhancement)Adding a sustainable element that includes low-impact development, green architecture and other similar best practices Financial Impact: This proposed MJCIP will allow qualifying companies to utilize construction sales tax revenues Regular Council Meeting - November 7, 2012 - Page 153 of 186 generated from their proj ects for reinvestment in economic development programs which assist j ob- creating companies and the overall community. To date, only one company has been able to take advantage of the existing program. The proposed MJCIP will expand the existing program to attract new companies that will generate additional economic activity. While construction sales tax dollars are one- time-revenues, the intent of this program is to encourage potential employees to both live and work in Marana which will generate sustained sales tax revenues for the Town. ATTAC H M E N TS : Name: Description: � Marana Job Creation Resolution 2012- Resolution No. 2012-087 087.doc Type: Resolution � MJCIP Incentive Rev Hiqhlited.docx MJCIP incentive Executive Summary Staff Recommendation: Staff recommends approval of the resolution Suggested Motion: I move to approve resolution number 2012-087 Regular Council Meeting - November 7, 2012 - Page 154 of 186 MARANA RESOLUTION NO. 2012-087 RELATING TO ECONOMIC DEVELOPMENT; ADOPTING THE MARANA JOB CREATION INCENTIVE PROGRAM AND AUTHORIZING THE TO�JN MANAGER TO ADMINISTER IT WHEREAS A.R.S. § 9-500.11 authorizes the Town to make expenditures in support of economic development; and WHEREAS the Mayor and Council adopted the revised Marana Strategic Plan on March 6, 2012, to establish Marana's vision and action strategies to attract job growth and private investment in the town limits; and WHEREAS the Strategic Plan contains five focus areas, one of which is directly advanced by this resolution Focus Area 1(Commerce); and WHEREAS the Strategic Plan directs town staff to create various economic development initiatives and strategies, several of which are directly advanced by this resolution initiative 2a (Review and implement tax strategies to encourage development and expansion of business and industry), initiative 21 (Develop incentive policies to attract career-oriented commerce; i. Research and develop competitive benchmarks; 11 Evaluate the effectiveness of existing policies; 111 Market incentives to potential new employers) 1111t1a.tlVe 6a. (Create economic development concepts for the following: i. Heritage Activity Center, 11 Dove Mountain Activity Center, 111 Tangerine Road I-10 Activity Center, iv. Tangerine Corridor Activity Center, v. Airport Activity Center, vi. Downtown Activity Center, vii. South Marana Activity Center, Vlll Twin Peaks Activity Center, ix. Transportation Logistics Zone Activity Center); and WHEREAS the Mayor and Council find that the creation and use for economic development purposes of a fund originating from Marana construction sales tax revenues derived from j ob-creating businesses and industries is in the best interests of the town and its citizens; and WHEREAS the Mayor and Council find that the use of the fund as authorized by this resolution is of the highest priority during the current economic climate; and WHEREAS the Mayor and Council find that the typical direct moving, transportation, title, recording, and other associated costs of moving an employee into a Marana employee- owned home will exceed $3,000; and Marana Resolution No. 2012-087 - 1- {00020608.DOC / 4} Regular Council Meeting - November 7, 2012 - Page 155 of 186 WHEREAS the Mayor and Council find that the Marana Job Creation Incentive Program authorized by this resolution will make Marana more competitive in the attraction, retention and expansion of j ob-creating businesses and industries; and WHEREAS the Mayor and Council find that the Marana Job Creation Incentive Program will generate more direct and indirect revenue than the cost of the program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, AS FOLLOWS : SECTION 1. The Marana Job Creation Incentive Program is hereby created, under which the Town Manager is authorized to implement the economic incentives set forth in this resolution at a cost, for each Targeted Employer, not to exceed the Marana construction sales tax revenues received by the Town for the construction of that Targeted Employer's facility. SECTION 2. The economic incentives authorized by this Marana Job Creation Incentive Program include the following: A. Employee Relocation Expense Allowance. An allowance of $3,000 to cover moving, transportation, title, recording, and other costs associated with relocating an eligible employee, through an employer-assisted housing program, to an employee- purchased residence within the town limits of Marana. Only one $3,000 allowance shall be permitted for each employee-purchased residence. To be eligible, an employee shall have moved from outside of the Marana town limits into an employee-purchased residence within the town limits of Marana and must be an employee of the Targeted Employer who works in Marana. B. Interstate 10 Corridor and Main Arterial Roadways Beautification . Reimbursement. Actual costs for beautification of Targeted Employer's facilities and adj acent public right-of-way located in the town limits of Marana along the Interstate 10 corridor or Marana arterial roads, including installation of landscaping and attractive signage for new and existing Targeted Employer facilities and improvement of existing Targeted Employer facility fa�ades to more closely conform to the adopted Marana commercial design standards. C. Student Internship and Trainin Opportunities Costs Actual costs of internship and training programs that educate high school and college students who are Marana residents in the Targeted Employer's primary field of business or industry. D. Job Trainin�. Actual costs of training programs for new or existing employees, including but not limited to the cost of course design and development, instruction costs for j ob-specific training, training materials and supplies, and training facility rental. E. Sustainable Development. Actual costs associated with solar and/or wind energy improvements, low environmental impact development, and other green industry . est practices. Marana Resolution No. 2012-087 - 2- {00020608.DOC / 4} Regular Council Meeting - November 7, 2012 - Page 156 of 186 F. Other Similar Incentives. Actual costs of any other economic incentive similar to those enumerated in this resolution that the Town Manager approves and the Town Attorney determines is within the town's legal authority. SECTION 3. For purposes of this resolution, a"Targeted Employer" is a non-retail business or industry that meets all of the following qualifications: A. Relocates or expands into buildings and other improvements for which at least $24,000 in Marana construction sales tax has been generated since the effective date of this resolution. The qualification set forth in this paragraph is referred to in this resolution as the "Minimum Construction Requirement." The Targeted Employer is responsible to track and provide supporting documentation for Marana construction sales tax actually paid in connection with the construction of Targeted Employer's facility. Any contractor who does other taxable construction work in the town limits of Marana while working on Targeted Employer's facility must provide Marana with a separate accounting of Marana construction sales tax paid in connection with the construction of Targeted Employer's facility. B. Since the effective date of this resolution has created at least 10 new jobs in Marana with wages that equal or exceed $40,000. SECTION 4. For purposes of this resolution, "Marana construction sales tax" means Marana transaction privilege taxes (currently 4%) generated pursuant to Section 8-415 and 8-416 of the Marana Tax Code from construction contracting and speculative builder activities. SECTION 5. The Town Manager is authorized to administer and interpret the Marana Job Creation Incentive Program, and the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 6. This resolution is effective on January 1, 2013 and shall apply to any Targeted Employer for which the town issues a certificate of occupancy for the Minimum Construction Requirement on or before June 3 0, 2018 . SECTION 7. For each Targeted Employer, the economic incentives authorized by this Marana Job Creation Incentive Program are available for a period of three years, beginning on the date the town issues a certificate of occupancy for the Minimum Construction Requirement, and ending on the third anniversary of that date. SECTION 8. While this resolution is in effect and during the five-year period described in Section 7 of this resolution, the use of those Marana construction sales tax revenues addressed by this resolution shall control over any other conflicting or different use of Marana construction sales tax revenues as directed in previously-adopted Marana resolutions. Marana Resolution No. 2012-087 - 3- {00020608.DOC / 4} Regular Council Meeting - November 7, 2012 - Page 157 of 186 PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7 day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2012-087 � Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00020608.DOC / 4} Regular Council Meeting - November 7, 2012 - Page 158 of 186 _ .� " i _ �i �:'�r � +� 7 � ir� 47'` � �u �� '�� n ;� � :�, . � � � ^ � �. �.' r _'` i• �. ::.�►= �r:. -�.:�=.�: �: , . �; . 1 ; 4 ,, .�. ,;� � � � __ �:.�-: �::;�� ::;,:� � � �� _ � �. :� . : �'�� `� `: ' �� , ' `I' � ? i:.iS. I ' - _ �� . � `i r MARANA JOB CREATION INCENTIVE PROGRAM (MJCIP) PROGRAM SUMMARY Established by Marana Resolution 2012-087 (effective January 1, 2013) GOAL The goal of the MJCIP is to stimulate the development of sustainable, career-oriented, head-of-household wage jobs and commerce in Marana. The program is designed to encourage both new business attraction and existing business retention and meet the objectives set forth in the Strategic Plan for economic development. ADMINISTRATION The MJCIP reallocates construction sales tax revenues received from a new construction or renovation project and makes them available for reimbursement to a qualifying employer. A participating employer must track and document construction sales taxes paid in association with its project. Funding available for reimbursement is limited to the amount collected in construction sales tax revenues by the Town of Marana from an individual project. Reimbursement requests must be made to the Town within three years of issuance of Certificate of Occupancy for the new or renovated structure. All program elements operate on a reimbursement basis. Documentation of allowable expenses must be submitted to the Town in order to receive reimbursement. EMPLOYER QUALIFICATIONS To qualify for the MJCIP, an employer must: 1. Generate a minimum of $24,000 in construction sales tax revenues (approximately equal to a$1 million investment) in Marana; and 2. Create at least 10 new, permanent, non-construction jobs in Marana which pay at least $40,000 annually; and 3. Be a non-retail enterprise. ELEMENTS Qualifying employers may request reimbursement for any or all of the following program elements: 1. Employee Relocation Expenses: An allowance of $3,000 per employee-purchased home within the Marana town limits to assist with the cost of relocating employees to a new facility. This reimbursement is also available to any new employee that does not already live in Marana who is hired as part of the employer's relocation or expansion. 2. I-10 Corridor and Main Arterial Roadways Beautification: Expenses which improve the appearance of the I-10 corridor and main arterial roadways within the Marana town limits, including signage, building fa�ade, and landscaping. Allowable projects must conform to Marana Commercial Design Standards and may be in public or private rights-of-way. 3. Student Internship & Training Opportunities: Actual costs of internship and training programs in the employer's industry for high school and college students who are Marana residents. 4. Job Training: Actual costs of training programs for new or existing employees, including but not limited to the cost of course design and development, instruction costs for job-specific training, training materials and supplies, and training facility rental. 5. Sustainable Development: Actual costs associated with solar and/or wind energy improvements, low environmental impact development, and other green industry best practices. PROGRAM CONTACT Curt Woody, Economic Development/Strategic Initiatives Manager (520) 382-1938 � cwoody@marana.com Regular Council Meeting - November 7, 2012 - Page 159 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Brian Varney, Planner II Strategic Plan Focus Area: Commerce Item A 2 Subject: PUBLIC HEARING: Ordinance No. 2012.10: Resolution No. 2012-088: Relating to Development; amending the Land Development Code Title 16 (Signs) by adding a sign type de�nition for 'Temporary Qualifying Event Directional Signs' to Section 16-OS-O 1 and establishing Section 16-14-29 de�ning standards and regulations for Temporary Qualifying Event Directional Signs, and establishing an effective date. Resolution No. 2012-088: Relating to Development; declaring the amendments to the Land Development Code of the Town of Marana Title 16 (Signs) adding a sign type de�nition to Section 16-OS-O 1 and establishing Section 16-14-29 as a public record �led with the Town Clerk. Discussion: Title 16 (Signs) of the Land Development Code currently allows for the placement of temporary directional signage for temporary events such as residential open houses and garage sales on private property within the Town of Marana; however, precludes the placement of such signs within the Town right-of-way. The Town has received a number of inquiries by members of the local real estate community regarding the temporary placement of open house signs within the town's rights-of-way. There is concern that the existing regulations pertaining to temporary signage for open house events are not conducive to adequate visibility of the signs, as the right-of-way for Town roadways is often extensive extending far beyond the edge of pavement. Additionally, it is often very dif� cult and time consuming to obtain prior approval to locate signs on private property. Planning and Engineering staff evaluated these concerns and determined that it would be reasonable to allow such signs within the right-of-way as long as speci�c standards were adopted to preserve and protect the safety of motorists, bicyclists, and pedestrians. Staff has prepared a sign type de�nition and proposed regulations for Temporary Qualifyng Event Directional Signs, attched to this report as Exhibits `A' and `B', that we believe will address the immediate de� ciency in the Land Development Code concerning off-premise directional signage. In an effort to create content-neutral regulations that preserve First and Fourteenth Amendment rights and avoid favoring commercial speech over non-commercial speech, the proposed amendment includes provisions for `any assembly, gathering, activity, or meeting sponsored, arranged, or promoted by a religious, charitable, community service, educational, or other similar non-pro�t organization' . The amendment also proposes reasonable directional signage to small-scale commercial and quasi commercial events taking place within residential neighborhoods such as a residential open house, a garage sale, and other events that typically occur on a residential property. Regular Council Meeting - November 7, 2012 - Page 160 of 186 Planning and Engineering staff have evaluated potential safety hazards that could result from sign placement within close proximity to vehicular and pedestrian traf�c. We worked diligently with the Town's Traf�c Engineering division to create placement standards for these signs using the Manual on Uniform Traf� c Control Devices as a guide. The distance requirements from roadways, sidewalks, and shared use paths are considered adequate. Other safety related criteria include limiting signs to a height of 30 inches above grade to ensure conformance with visibility requirements, and precluding the �xing or anchoring on sign assemblies in the ground. Signs are required to be of suf�cient weight and strength to withstand wind, storms, etc. The permit process for the temporary directional signs is a streamlined version of the process followed for permanent signs. Staff has been working with the Town's Technology Services department in creating an application that is accessed and completed online. An applicant will be able to print out a completed permit application with an assigned permit number from his or her desk top. No permit fees will be charged. This process will enable the Planning Department and the Code Enforcement division to track the usage of these signs throughout the community and ensure compliance with the standards. Staff believes that the proposed amendment will adequately address the aforementioned challenges regarding signage for temporary commercial and quasi commercial events within residential neighborhoods while protecting the safety of the public. The amendment is proposed on a temporary basis for a trial period of one year allowing staff adequate time to evaluate its effectiveness. The amendment is proposed to automatically terminate one year from the date of approval by the Town Council, at which time it may be presented for approval for another interim period or for approval as a permanent amendment. ATTAC H M E N TS : Name: � Ordinance 2012.10.doc � Resolution 2012-88.doc � Temp dir siqnaqe definition final.doc Description: ordinance 2012.010 Resolution 2012-088 Exhibit A - Definition Type: Ordinance Resolution Exhibit � Proposed TDS for Qualifyinq Event final.doc Exhibit B- proposed standards / regulations Exhibit � Planninq Commission Meetinq Minutes 8- 29-12. df Planning Commission Meeting Minutes Backu p Material Staff Recommendation: Staff recommends adoption of Ordinance No. 2012.10 and Resolution No. 2012-088. Commission Recommendation - if applicable: This proposed amendment was presented to the Marana Planning Commission on August 29, 2012 and received a unanimous (5-0; Vice Chair Jakab and Commissioner Wiles excused) recommendation for approval. Suggested Motion: I move to adopt Ordinance No. 2012.10, and Resolution 2012-88, approving an amendment to the Land Development Code of the Town of Marana Title 16 (Signs), and declaring the amendment a public record. Regular Council Meeting - November 7, 2012 - Page 161 of 186 MARANA ORDINANCE NO. 2012.10 RELATING TO DEVELOPMENT; AMENDING THE LAND DEVELOPMENT CODE OF THE TO�JN OF MARANA TITLE 16 (SIGNS) ADDING A SIGN TYPE DEFINITION `TEMPORARY QUALIFYING EVENT DIRECTIONAL SIGN TO SECTION 16-OS-01 AND ESTABLISHING SECTION 16-14-29 TEMPORARY QUALIFYING EVENT DIRECTIONAL SIGN; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, as follows: SECTION 1. The amendments to The Land Development Code of the Town of Marana Title 16 (Signs) adding a sign type definition to section 16-OS-O 1 and establishing Section 16-14- 29 Temporary Qualifying Event Directional Sign, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and are attached as Exhibit A and Exhibit B to Resolution No. 2012-XX of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this . or inance. SECTION 4. This ordinance is effective on December 7, 2012. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7 day of November, 2012. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul��@�f��i�1�QiP�d�ember 7, 2012 - Page 162 of 186 10/24/2012 12:30 PM Regular Council Meeting - November 7, 2012 - Page 163 of 186 MARANA RESOLUTION NO. 2012-088 RELATING TO DEVELOPMENT; DECLARING THE AMENDMENTS TO THE LAND DEVELOPMENT CODE OF THE TO�JN OF MARANA TITLE 16 (SIGNS) ADDING A SIGN TYPE DEFINITION `TEMPORARY QUALIFYING EVENT DIRECTIONAL SIGN' TO SECTION 16-OS-O 1 AND ESTABLISHING SECTION 16-14-29 TEMPORARY QUALIFYING EVENT DIRECTIONAL SIGN AS A PUBLIC RECORD FILED WITH THE TO�JN CLERK BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 16 (Signs), copies of which are attached to and incorporated in this resolution as Exhibit A and Exhibit B and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 7 day of November, 2012. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 2012-088 11/7/2012 Regular Council Meeting - November 7, 2012 - Page 164 of 186 16-05-01 Sign Types Add the following definition: Temporary Directional Sign Related to a Qualifying Event: A temporary sign intended to direct pedestrians, motorists, and other passerby to (i) any assembly, gathering, activity, or meeting sponsored, arranged, or promoted by a religious, charitable, community service, educational, or other similar non-profit organization, or (ii) a small scale commercial or quasi-commercial event taking place within a residential zoned neighborhood such as a residential open house event, a garage sale, and similar events that traditionally occur on a residential property and are of a temporary nature. These provisions shall not apply to mobile vendors. Regular Council Meeting - November 7, 2012 - Page 165 of 186 Exhibit B 16-14-29: Temporary Qualifying Event Directional Sign Editor's note: Marana Ordinance No. 2012.xx, effective December 7, 2012, temporarily amended Section 16-14-29 to allow Temporary Qualifying Event Directional Signs to be placed within the Town of Marana right-of-way. This temporary amendment automatically terminates, sunsets, and is of no further force and effect on December 7, 2013. 1. A Temporary Qualifying Event Directional Sign may be placed within the Town of Marana right-of-way subject to the following conditions: a. Up to eight Temporary Qualifying Event Directional Signs not exceeding six square feet in area per sign and not greater than 30 inches in height (above adjacent grade), may be located within the Town's right-of-way for the purpose of providing direction to a qualifying event. Signs shall only be displayed during the event and shall only be displayed between the hours of 7:00 am and 8:00 pm. Signs shall be removed by 8:00 pm on the day of the posting. b. One sign may be placed at each major change of travel direction along the route to the qualifying event. One additional sign may be placed each mile between changes in travel direction. c. Signs may only be placed within the public right-of-way with a valid sign permit. Signs shall not be placed within a median, on a sidewalk, multi-use path, or pedestrian access ramp. Signs shall not be placed within rights-of-way under the jurisdiction of the Arizona Department of Transportation. d. On curbed roadways, signs within the public right-of-way shall be placed no less than two feet from the back side of the curb and no less that two feet from a sidewalk or shared-use path. On roadways without curbs, signs shall be placed no less than six feet from the edge of the paved surface. In locations where shared-use paths exist, signs shall not be placed between the path and the paved surface of the roadway unless there is adequate distance to maintain a six-foot setback for the sign from the edge of the roadway and two feet from the path. e. Sign assemblies shall be constructed of sturdy materials such as metal, wood, or plastic; however, the sign assemblies shall not be constructed of materials or to a weight or rigidity that could present a hazard to traffic. Sign assemblies may not be fixed or anchored in the ground within the public right-of-way; however, they should be of sufficient weight and strength to withstand wind gusts, storms, etc. It is the responsibility of the sign owner to ensure that a sign is placed in such a manner as to avoid displacement during windy conditions, or creating a safety hazard to the public. Signs shall not be placed upon any other sign assembly, tree, light pole, traffic signal pole or controller cabinet, utility box, fences, walls, boulders, planters, vehicles, or any other structure. g. Signs shall be constructed of durable weather-resistant materials and be maintained in such a manner so as to remain free of chipped paint, cracks, loss of text or graphics, etc. Regular Council Meeting - November 7, 2012 - Page 166 of 186 Exhibit B Regular Council Meeting - November 7, 2012 - Page 167 of 186 — — — �� , , , h , � , , ,� , A � , � , � ■ !� � �. �' ' ` � . , f A _ ��_ '_�__'__ _ ��_''� 1i' __�"�-—'- —- ■ � � i � � ' I I � � � � 1 � __ _� � �— — . �--____�_� � � � , 1c ' ' !' . � �� ■ ��.��.� a .��.' � �� L ■ 'I� ' ' ' � � M � . �, � , r . r � � � �� ■ �' �� .. ... . � ��.��. � � � _�^--�- 1! A' � � . - _ _ � � � � � �� .� � . � � ` ' ,' ' . � � ._. _ �" � .� - �� .. . - , � _ _� _ - �t � , � � ' ii' � _ _ "� ' '' �� `i � iii � ■ i� : ` ' { �I i ! i '' � � � - — — �� T Regular Council Meeting - November 7, 2012 - Page 168 of 186 �� !� �� !!! � I � 1� � � � � � � � , '�.� � � ,� '� � - - � �' ■ � � � I'� I1 ' " � , , 11� � 1 � > I� ' � '' _ ��I � � ��r � ��r � r � .� ■ .��. � ■ s �..�� 1 ��.' �� a r��. ■ . ..�...� �� - __ =----��. � -_ - -_ -- - _ --- - - - � '�.�... - -..... �..�.. � � � � �� .��.� ��. � � ��. � ^� � . �. ■ �.�. ��...�. �.r� ��' �..�.�.� . �� r � - - - - � ! , , r , _ , �� , „ � , � � , � , � , , _ � � i � . . � _ � _ r _ � a � . � 1 , ��# s � ■ .��. .� w ....�. �r ��.� �.��. 11 ��.�� . ��. .�.�. .... .. ..� � .... .. .. ...... .. . . � ■ � I � .. �� .i � .��■ � . .� \ � .... . �. � � � �� \ � �. ��. � � .�� F ��. � �f' • E��. � .�� ► � 1 7 � �.� �7 � . ��. � .�. � � � � �� Regular Council Meeting - November 7, 2012 - Page 169 of 186 '' � r � ■ _ � � � � . � � � - ' �' � , !,' _' i , ,�' - � � _ I � � � � � I . � � � I 1 l' 11 i � � ,, � i � .� . � . � � � . . , � � � � � � a � � �. � ! ..�� .��. �! � - ' 1 1 �. a �.� ��.1 ■ ��. � ��. � l ��. � � ��. �� ... � � ��. .. + .�� r .� I ■ .��r �' ►�. � � � � l��. E ��E�. � ' , '1 'I1 - [� i !. : ` �. � � . ,,. �, � �' . 'i i' � � 'i ' 1 I � : I I � ' I ` r � � .� ► . ,. � � .� � . � . � - , � . - � � � � I �� { � � ■ _ . : . � . � � .. � � , � f L �- � . � - ' , � I � . ■' � � � 1 � � ! i � � � �t 1 l�.��. ir �r��. �� s ■ ��..r . �. ��.s �.�.� � ��.�. �.�. � ■ ��. R � � ■ r � � � �� _ �.��. ... .�� .��.�. ' � � � f i , 111 - - - � - � - - • , . f� � , ," � �.�.. .�. f �.�. .�.�.1 � �. . . . . ! �. i�.. �■... 1 � . �.�.. ■ � � i� - 1 . �. 1 �� a r �.�. � ��a .�� ... ..� � .. �.�.- .. . �.�. �� 1 1 �.. � .. ► � � ■ � �w � , 1 � Regular Council Meeting - November 7, 2012 - Page 170 of 186 `�� . �� .�1 � �.■ � ��.�� .1�. �.��. a ■�.��. �. ��. � � ' I . ■ � � �.7 .�� S � � � �� I ! � �� ' � �� - i � � ' 1 '1 f: � � � � � . . .� � i . � . r �� s ��r � � �� ..� � +�:��.�. .�.��.. s �� F � � . 11 , � � i ',� ',1 I i ',, ` ,; � � , � , ; � >� >'I i .�.� I .. ��. � r �. �. ��.� � 7 � � � �� s � � �� .�r ��.��. �.�� ►��. ►��. � � � 'I � � � � �� n ' � � I , n � ' , I � - i � �i� . .��.� i�� .� /1��.� �� . �.�.. i:� . ! . � .� ��. . � �� . ��.. ��.� .� ��.� . � � �.� �. � ■ � �• � ��.1r � ��.� � ..� �.. + � �. ... '�.�... ��.�... �.�.... � ��. �� . � i��. � �.�� . �.! 1 1�.�.�.. .� ! � ■ � � �� . �.► � � ��.� `�� w.��. +� ��.�.• I 1 a ' � . � �� . � �� ..� � _ �� t.. ' _ ' - F . �. �� I � . ��. � . . i � � . h t � j . i . � � � � , ..`` � . � , � �, � , , , _ � - � �� i � � � I � M ,'' . i :', L i' 1 I i ;1 r ► � _ � . � . , . � ; � � i � ��.� a .��■ �. � ��. ��7 � �.��► r �- - � � � �i ` � i � ! f � � . _ _ _ . � { . � � . . . �+ �� ,.�� .�� . � �� . � �� _ �� - �� t� tr �� r � � �� , �� . �� Regular Council Meeting - November 7, 2012 - Page 171 of 186 �T � ■ � ■ ■ '11 '� ' ` ` I . '> , � E � ''� '' � , � , � i, � '� . �.- � . ''' � j � - -,, 1 - . � ' r � ~ i r I � � � �� ' � � � J - - - � , � - r - - � _ . � �i � � ► _ � � ■ � � � J I �. �. � � r I � � �I ��.R' ►. � . 1 ' � . � I � ..� a � ..... I `... �.. i �. ... f U � �' � ' � � � � � � . � � � . ►, � � , k ,. � ��'�� .�� , _ '� '. � ��1 � �'�'� �� '�� .��'� � '� � � �', �'� �' � �' 11 , I r 1 . � ' � ��> . ' � � ► ! . � - � .� . � . �. .� .� :� �� . ►' � � � � . � . . i � � # K � � , � wr � � w � ��.��. r:�� . � � � � . � R { _ I � � � ■ ` � � � .''; � . .� ,. � - - � - ■ � . , � ,,� ► ■ 1 + 1 ! { ti � I J � � � ''� . � , ►'' � . � ' � ,' � ' I _ �'1 �■ a�■ ^w� n �� r � � ■ � f � � � -- - Regular Council Meeting - November 7, 2012 - Page 172 of 186 . _ _ _ . � . . *�� _ r � � t � � � , � � M � +� �� f '7 l��. � � . . . . - �� 1 �. .�.� ��.I 1 �. I ■ .� 1 I��. ! �.�. � � � - � � � � 1 �. � � ■ � � � � . � � � ��. � � _. ��.��. -. .. � �. . . ... � � � � S � .�� . . . �. 1 .. �..�.� �.�... r �.�. �.� 1 I ..�. .�. 1 ... i � � .' ''� ;, , ', _ �',, , ,', , 1 ' f � � , �■ I - . �, - �'` � � � , � il " ' ' � � � � , '[: I [I ■ _ _ � . � , � - - � � _ , , _ �, , � '+ � , � � '' • � M' ' : :' ' I 1 '' '> 11 � ' + >� _ , > �� ,, � ■ ��a ��. i i� Y�.�. ��.1 M1 � � _ ��. ■ ...� � � �. �.�.� � .. .�. � ... ! � Regular Council Meeting - November 7, 2012 - Page 173 of 186 �� ■ � � '� �>. � . ' I _ ' _ � ` � � � � ■ � � a . ��.� � ■��. ■ �� i��.� I ► � , ■. �.� ..�.��.. s � ��.�� .��.1 1 . � �. � ��.�. � �� . J I�.� � ... 1 I � � I �� ■ ��.� �.�� : � 1 . ��.r �� f � �. � � ' �� . � ■��. ■ � 1.�� .� �. ��. � ..�.�.. �.. .�. + �.�.. �.�. �. . - _:�. �...... ...� �� ... -.... .. - �� ■ L�.. �..��I �� .�_.. �.� �.� � �. ��. �.�! �� I I . . . � � . � .. ... � � .. 1��. � � .�.�. _ �. _ I �.�� 1.�.. ��. 1 � .�. 1 .... , .... � r .��. ��. a ■ �.�. ��.�. • 1 � � � ■ � ! 1.�. � ' 1. . I . i .��. �� ■ i . �.�.� ��a:. ..i �.�.��.. � ..� f�...� � .. �. �. � � ..� � � .� �.. `:�. �.�. � .. � � .�.I �� .� ■ . . . � I .��. . .•.. ... 1 �� . �... I �- 1 � . . . . . . ... .. .. . � � .� I � �. � � I �� ' a r, . � s �� . r � . � f{ � � . � � .� � ��.1 ■ � 1 �� _ � � . r� �� ii �� I _ � , . _ � . • � - � ' , 1I 1I ' � � { . . . . �.� � �. �.� r�. ��.��■ ��.� .��.�r��.�� 1 I 1 � � r r �r .r � � Y' �17 , I � � _ - ,; � { ' '~ I I I � � �� I � ■ � � � Regular Council Meeting - November 7, 2012 - Page 174 of 186 i1 ' ' � w . � i � . � � � �,� 7 � ■J "� � '� � � 'll J L' '� . � � .� � 1 . . . . w � � ` � � � ` .�. .��.. .. 7 � I � � F ��.��.� � � .... r .l � { � r- � �� . � .��..�. � 1 ��.��. �.�. � � { ' � I � a `� � E � � . w w�w� � w�•� � � � " � . �� ■ . ,� � � �� _ . _. � , . � �- . . , � �� . - � � � �� . . _ ! _ ; . ,� _ �� _ : � - � . ■_ _ ._ � ' i ' � , Lli � LL7 '� W � ' , � ' � Regular Council Meeting - November 7, 2012 - Page 175 of 186 � . � � � �> _ i � ; � - , - � � � - _ � _ � i � 1 ��.�..4 . ...� ..... ■��.. � L i �.. � .�.�.... � I � � � w �.�. .f��. ��. � .. �. • ��. , > � ',' 1 ,'� , ' I ' _ i ' �,� � ' � � ' � . , �' , ' ► i � ,' „ I � I '1 � ■ � �. �. � � i � i 1 � �.�.� 1 � � ��.�� ■ � A L ��. ��.� ��.� � �� i .�� 1 � ' 7 � � ■ J �� . ��. ■ i� .� . � . Y��. ��.� L ■ � � � � s .��.. ...� �� . _��.�.�. ��.��. 1 iI I �[ � i �f _ � . . . .. � ?� 1 ,, I .. ' � _ ' M' .. ;1� ' I �' 1 � � ,, . � • � � � .> � � i . � � � � � � � � � '� " - I � 11 1 . � . F � 1� ■ �,,� ■' � � �r ��.� � � ..�. ► � � ��.. � r:�. � ��.+ �� ' � I � �� L ��r J / � �.�� .� ■ �.�� . . I � .�. ��.�. 1 . . 1�.1 ��.. � ! � � ' ` � � � � ��.� � . . . . 1 i'1 ' � _ _ , � ■ I ' � , ' .� ',' � � ,' � _ �� _ � - I . . � . � L � � . ��. : �� r ��. . .�� .�� . � � ��.� ��.�r �.��.� � i 1 �1 . 1 ..�. �..�.. � ► ��.� 7 � � �. � � � �� ■ � ,I 1f' l'1 1i � Regular Council Meeting - November 7, 2012 - Page 176 of 186 ..��. �.��. ��> .��.� ■��. ��.a � �� ..��, 1 '�� '�� . I � J '� - � -y `1 � 1>. : I � ��r � �. a i�.� ` �� i ��.�. ��.. 1 i�. f 1 ■ ��.■ L�� . r F � � � 1� i i �li � r � � A '� y ��.� r �. ��.��■ �. L �. . i i�. ��. � � � u _ � . . _� � r - , [ I . �. . 1:. t I � ■ ! I 4 I , .. . .. ..� .. �.�. �.' � - , -- - -- � � , , u � � � _ . _� _ , _ � + , � i . ,� ; � .i �- � - � i ■ : i' 1 I � 1 '' 11' W '' , , E 1 1I +�' �` '• �'' ' 1 �, , 1 '> - 1 1 � . .. � � . . ,� ., �' . .� , -� . . � � ' � , 11 � � ,� � ��I . � ,, � , � . I -- - �� Regular Council Meeting - November 7, 2012 - Page 177 of 186 . � � �. ■ ��.� 1 �� t � � . ... ' ` .. w . . :�� .�� . � � - r. [� . � i � r � . �.�< f �� ..r � � � ��a � � ��.. i l�l �. 1�.�� .�� 1 r I � � � E � i : �� > ' � � � � , � � - � * ■ � • � a � _ r + ,� �! � � ■ 7 - �' ' 1 ' R 'I �� I , ■ ■ � . �,', , . . . � r ' � � � .' ,� � I i - ■ 1', I; ! L 11 1 I 1 1 � � , � � ' i • ! 1 r, . � � . I :. .' Y - i - - - � � � '►, > , � , ` ` l � � �" r ,` 1I' I'I li ' 1I'' �' ' i '' I i' � � �. :�...a � i s ■ • I 1 1 � � � I ■:��. R ��. � � �.� � ■ �. � .. . ' � .. . . .. .. . . � ■ ■� � . � ��.�..� �.�...... ....�.�.....� ■ ' � � � ' - , ,I � ,I " - - ll � s a � ■ � .�� ■ �.�. ,� .�.j i . � ��. � � ��. ��. �... �...�.. I .�' .;� � .... �.. �+ i � .... . � ..�..�. l Regular Council Meeting - November 7, 2012 - Page 178 of 186 � �� i' ' ■ ' IJ � ` II � 1 � � ; ,, � ,, � � � i ' � � � � � � . . . ■ .. F �� . ' �� r �� - � ��. . . . . � � .. ..... . .... .. ��.. - ��'� � .'�. � R f !� �� f'i � � � ► ■ � i � � I 1 • � � i f � � � � E' � . � r � � �� - r r �. � � � f , 1 � ■' ■ � .� � - - I � � i �� I � ` I _�� . �� ; 1 ��. i t I . �.j I �. � 1 . �. I � . • � I - �.. - , ■�. _�. - � � .��. � r��.�. .�l�.� . ��.� .. �• .....�! . .�� f � �. . .- ... . . F � r e ` r � Regular Council Meeting - November 7, 2012 - Page 179 of 186 � , � ,� � � � � � ► ■' � � .' A>� � � _ >� � . � . . . . . _,, I �' I �� R i! . _ - _ - � 1 _� � � ..� 4 � � � � . � �.1 � A ��1 �.�.�:��. I ■ �I' '■ i - �!� - 1 � ' , .� � � � . � � r � �� .�� .. � I � �� 1 ` a � � � ■ ,, , i , � i ��.� � �. �. ��.��. ' , , � � , , i ,� . - � ■ � •' �' �.. � ,� I �i 1 � . �� , «,1 � � ■ _ _ , i � h I � . . , - - I � � � • • � � � � + ! _ — � _� � L — � � � � � — � �� R � � ' � a a � � ��r�.. .. � .....-.. � � � � � I' � 7 � � � ^ � �� s� `�� ' L� "h J ' r:i ' :. ' � i + �� '' � ' � ' i � !, i ' i ' � ,�, ,■ � ,' � � � li f ` f1 � �' � � II, ''' `,, �'� I� _ � � 1 J , � ■ � , ; ,, � Regular Council Meeting - November 7, 2012 - Page 180 of 186 - - �z ��r'�t : �i1� � � , �'i� � , , ,, ,,, - - � . t' ' ■ �' ` �' l _ �' ' � � � �� l� ��13�� I �I i � '■ � � � ,', � ' - ' l l ' . ■ �� `� � . . � ., �� R , � ,' , , , � �� r..�� ~ � �� _ y'' '' L i+ 1 .� �.�� ■ f �� _ � � Regular Council Meeting - November 7, 2012 - Page 181 of 186 � 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: C ommunity Strategic Plan Focus Area - Additional Information: Initiative 1: Secure all necessary water resources and infrastructure. Item A 3 Subj ect: Ordinance No. 2012.11: Relating to Elections; authorizing the placement of a measure on the March 12, 2013 Town of Marana primary election ballot for the purpose of voting upon whether the Town of Marana shall be authorized to acquire and operate the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it; and declaring an emergency Discussion: If adopted, this ordinance will place a measure on the regularly-scheduled March 12, 2013 Town of Marana primary election ballot for the purpose of asking the quali� ed electors of Marana to authorize the Town's acquisition and operation of the Marana Wastewater Reclamation Facility (MWRF) and the sewage conveyance facilities and service area associated with it. A June 14 Court of Appeals opinion in the wastewater case held that Marana's 1988 election was not speci� c enough to authorize the Town's acquisition of the MWRF. The Town has sought Arizona Supreme Court review of the June 14 opinion. Although the June 14 Court of Appeals opinion held that the Town does not require voter authorization to acquire the sewage conveyance system associated with the MWRF, Pima County has challenged this holding in arguments currently pending on review before the Arizona Supreme Court. The voter authorization question as presented will directly address this issue as well. Town staff recommends obtaining voter authorization at the primary election to minimize the chances that the June 14 opinion will complicate the pending litigation between Pima County and the Town of Marana in the Maricopa County Superior Court regarding SB 1171, which includes a similar voter authorization requirement. Financial Impact: Adding this measure to the regular March 12, 2013 Town of Marana primary election ballot will probably cost less than $10,000, consisting of additional printing costs for the publicity pamphlet and the ballot language itself. ATTAC H M E N TS : Regular Council Meeting - November 7, 2012 - Page 182 of 186 Name: Description: Type: � ORD 20120919 Special sewer authorization election �/�/ Ordinance 2012.11 Ordinance (00031735). DOC Staff Recommendation: Staff recommends adoption of Ordinance 2012.11, placing Marana Wastewater Reclamation Facility voter authorization on the regular March 12, 2013 Town of Marana primary election ballot. Suggested Motion: I move to adopt Ordinance 2012.11, placing Marana Wastewater Reclamation Facility voter authorization on the regular March 12, 2013 Town of Marana primary election ballot. Regular Council Meeting - November 7, 2012 - Page 183 of 186 MARANA ORDINANCE NO. 2012.11 RELATING TO ELECTIONS; AUTHORIZING THE PLACEMENT OF A MEASURE ON THE MARCH 12, 2013 TO�JN OF MARANA PRIMARY ELECTION BALLOT FOR THE PURPOSE OF VOTING UPON WHETHER THE TO�JN OF MARANA SHALL BE AUTHORIZED TO ACQUIRE AND OPERATE THE MARANA WASTEWATER RECLAMATION FACILITY AND THE WASTEWATER FACILITIES, SETBACK AREAS, ACCESS RIGHTS, AND CURRENT AND FUTURE SEWAGE CONVEYANCE SYSTEM AND SERVICE AREA CONNECTED TO OR ASSOCIATED WITH IT; AND DECLARING AN EMERGENCY WHEREAS the Arizona Court of Appeals issued a June 14, 2012 decision in the case Town of Ma�ana v. Pima County finding that the Town of Marana's 1988 election to authorize the Town of Marana to construct, purchase, acquire, lease, own and operate a municipal wastewater and sewer system was too general and unspecific to satisfy the voter authorization requirement of A.R.S. § 9-514 (A) to authorize the acquisition of the Marana Wastewater Reclamation Facility; and WHEREAS Pima County argues in pending pleadings before the Arizona Supreme Court that the Town also lacks voter authorization to acquire, own and operate the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area con- nected to or associated with the Marana Wastewater Reclamation Facility; and WHEREAS the Town Council of the Town of Marana finds that acquisition and operation of the Marana Wastewater Reclamation Facility and the wastewater facilities, setback areas, access rights, and current and future sewage conveyance system and service area connected to or associated with it is a critical element of the Town's future water resource portfolio; and WHEREAS A.R.S. § 9-514 (A), Marana Town Code Section 2-2-6 (A), and the general laws of the State of Arizona authorize the Town Council of the Town of Marana to place measures on the ballot of a regular Town of Marana primary election; and WHEREAS the Town Council of the Town of Marana finds that placement of this measure on the March 12, 2013 ballot is in the best interests of the Town and its residents and businesses. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, AS FOLLOWS : SECTION 1. The following question shall be submitted to the voters of the Town of Marana at the March 12, 2013 regular Town of Marana primary election: Shall the Town of Marana be authorized to acquire and operate the Marana Wastewater Reclamation Facility (located in the southeast quarter of Section 14, Township 11 South, Range 10 East, G&SRB&M) and the wastewater facilities, setback areas, access Ordinance No. 2012.11 -1- 10/29/2012 9:45 AM Regular Council Meeting - November 7, 2012 - Page 184 of 186 rights, and current and future sewage conveyance system and service area connected to or associated with it? SECTION 2. The Town Manager, Town Attorney, Town Clerk, and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms and obj ectives of this ordinance, including without limitation all actions necessary or desirable to comply with all applicable laws and regulations relating to or necessary for the March 12, 2013 elec- tion, including without limitation any and all activities related to the preparation, printing and distri- bution of the publicity pamphlet and to the execution of contracts necessary for the same. SECTION 3. The Town Clerk is hereby authorized and directed to place a public notice in the Daily Territorial, notifying the public that arguments not exceeding 3 00 words in length for and against the measure will be accepted by the Town Clerk no later than 5 p.m. on Wednesday, Decem- ber 12, 2012. SECTION 4. The Town Clerk is hereby authorized and directed to charge an amount of mon- ey to offset a portion of the proportionate cost of the purchase of the paper and the printing of the arguments received for and against the measure, as provided in A. R. S.§ 19-124 (D) and the adopted Town of Marana comprehensive fee schedule. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7 day of November, 2012. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Ordinance No. 2012.11 -2- Mayor Ed Honea 10/29/2012 9:45 AM Regular Council Meeting - November 7, 2012 - Page 185 of 186 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, November 7, 2012, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: C ommunity Strategic Plan Focus Area - Additional Information: Item D 1 In the Community Focus Area, Initiative 9 states "improve community engagement." Within this Initiative is the Strategy to implement community engagement programs. The Marana Citizens' Forum is part of this outreach under the Out and About in Marana program. Subj ect: Presentation: Relating to Boards, Commissions and Committees; discussion and consideration of recommendations from the Fa112012 Marana Citizens' Forum regarding the Forum topic "managing our local resources" Discussion: On November 5, 2011, Council approved the creation of the Marana Citizens' Forum as a special committee of the Town, to increase citizen engagement and foster community participation in Town functions and activities. At the August 21, 2012 Council meeting, the Council chose "managing our local resources" as the topic for the second Forum session to be held in Fa112012. Approximately 20 Forum participants met on September 6, September 27, and October 18 in the Public Deliberation phase of the Forum process. Each meeting was led by a professional facilitator. Forum participants discussed the focus of the Town's resources, heard a presentation from Town staff on where resources are currently being focused, and developed some general recommendations. At the conclusion of these meetings, Forum membership selected a Presentation Group to present the Forum recommendations to the Council at tonight's meeting. Following the presentation, the Council will then determine the next steps. ATTAC H M E N TS : Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Council's pleasure. Regular Council Meeting - November 7, 2012 - Page 186 of 186