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Home My WebLink About07/01/2014 Council Agenda PacketWN I 9 RANA 1 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 1, 2014, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, 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 July 1, 2014, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting � imes Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at Meeting If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility 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 - July 1, 2014 - Page 1 of 122 such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, June 30, 2014, 7:00 PM, at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS A proclamation declaring August 1 through August 31 as Drowning Impact Awareness Month MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent 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 -July 1, 2014 -Page 2 of 122 C 1: Resolution No. 2014 -060: Relating to Administration; rescinding Resolution No. 2006 -140 designating T. VanHook to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding; designating Erik Montague to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding (Jane Fairall) C 2: Resolution No. 2014 -061: Relating to Administration; approving and authorizing the Town Manager to execute an agreement between the Town of Marana and WebsEdge Limited for production of a film about the Town for the International City /County Management Association (ICMA) Annual Conference (Vickie Hathaway) C 3: Resolution No. 2014 -062: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2014 -2015 to support the operation of the Marana Visitor Center and the provision of services to the Marana community (Curt Woody) C 4: Resolution No. 2014 -063: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Chapter 6 - Employee Development and the Introduction to Personnel Policies and Procedures (Suzanne Machain) C 5: Ordinance No. 2014.018: Relating to Administration; amending Marana Town Code Title 3 (Administration); renaming Chapter 3 -1 (Officers, Department Heads, and Employees) as "Officers and Employees "; revising Chapter 3 -1; modifying provisions defining town officers, position status, and non - employee positions; modifying officer and employee appointment and reporting procedures; adding a new definition of "at- will" employees; clarifying that employee compensation and benefits are determined through budget adoption; renaming chapter 3 -2 (Officers and Other Positions) as "Establishment, Compensation, and Powers and Duties of Town Officers "; revising Chapter 3 -2 to conform to revisions to Chapter 3-1 regarding appointment procedures; revising Section 3-2-1 (Town Manager) to clarify Town Manager's powers and duties regarding positions and staffing and implementation of a salary schedule; deleting Sections 3 -2 -9 (Special projects manager), 3 -2 -10 (Assistants to the town manager), 3 -2 -12 (Deputy chief of police), and 3 - 2 -13 (Director of strategic initiatives) and renumbering Chapter 3 -2 to conform; revising Chapter 3-3 (Personnel Policies); revising Section 3-3-1 regarding application of personnel policies to employees; deleting Section 3 -3 -3 (Rules and regulations); and declaring an emergency Resolution No. 2014 -064: Relating to Administration; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2014.018 to Marana Town Code title 3 (Administration) (Jane Fairall) C 6: Ordinance No. 2014.019: Relating to Police Department; amending Town Code Section 4 -1 -2 (Appointment of officers) to provide that the chief of police shall be appointed by the Town Manager; amending Town Code Sections 4 -1 -2 and 4 -1 -3 (Compensation of officers) to clarify that appointment and compensation of officers shall be determined through budget adoption; and designating an effective date (Jane Fairall) C 7: Approval of June 17, 2014 Council Meeting Minutes and approval of the June 24, 2014 Study Session Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES Regular Council Meeting - July 1, 2014 - Page 3 of 122 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: Relating to Real Estate; Reauthorizing town staff to proceed with the sale by public auction of approximately 3.09 acres of Town -owned land located at the northwest corner of Twin Peaks Road and Casa Grande Highway (Interstate 10); and approving revised terms and conditions for the sale (Frank Cassidy) ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: 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 (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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 - July 1, 2014 - Page 4 of 122 PROCLAMATION DROWNING IMPACT AWARENESS MONTH WHEREAS Drowning Impact Awareness Month will raise awareness that the number and impact of child drowning in Arizona affects everyone; and WHEREAS the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year; and WHEREAS a child drowning can happen to any family regardless of education, race or socio- economic background; and WHEREAS families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life; and WHEREAS keeping children healthy and safe is a priority for the Drowning Prevention Coalition of Arizona, fire agencies and other injury prevention institutions in Arizona and the Town of Marana; and WHEREAS raising awareness through education will increase knowledge of the effective measures to take to prevent drowning. NOW.. THEREFORE, the Mayor and Council of the Town of Marana proclaim August 1 through August 31, 2014 DROWNING IMPACT AWARENESS MONTH IN THE TOWN OF MARANA and urge all citizens to familiarize themselves with water safety practices. Dated this 1 st day of July, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Ed Honea, Mayor eguiar uouncii ivieeting - uuiy - i , zw 4 - rage o o 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Resolution No. 2014 -060: Relating to Administration; rescinding Resolution No. 2006- 140 designating T. VanHook to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding; designating Erik Montague to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding Discussion: The Arizona Division of Emergency Management requires an applicant for emergency funding to designate an agent for purposes of communicating and submitting documentation on the applicant's behalf, and at times, it may be necessary for other emergency relief documentation to be submitted to the State of Arizona and other government agencies on behalf of the Town of Marana. As a result of these requirements, on September 5, 2006 the Town Council adopted Resolution No. 2006 -140 designating T. VanHook as the agent to act on behalf of the Town of Marana for emergency management funding purposes. With Ms. VanHook's recent resignation from Town employment, it is necessary to designate someone else to act as the Town's agent for these purposes. The proposed resolution appoints Erik Montague, Finance Director, as the agent for the Town for the purposes of submitting documentation and communications regarding emergency management funding. Financial Impact: None ATTACHMENTS: Name: Description: Type: 1) Reso. 2014- Reso. 2014 -060 Designating Erik Montague as agent for EM 060 Montague Designation for EM Funding.docx Resolution Funding Staff Recommendation: Staff recommends approval of the resolution. Suggested Motion: I move to adopt Resolution No. 2014 -060, rescinding Resolution No. 2006 -140 designating T. VanHook to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding; designating Erik Montague to act on behalf of the Town of Marana with respect to all documentation and communications related to emergency management funding. Regular Council Meeting - July 1, 2014 - Page 6 of 122 MARANA RESOLUTION NO. 2014-060 RELATING TO ADMINISTRATION; RESCINDING RESOLUTION NO. 2006 -140 DESIG- NATING T. VANHOOK TO ACT ON BEHALF OF THE TOWN OF MARANA WITH RE- SPECT TO ALL DOCUMENTATION AND COMMUNICATIONS RELATED TO EMER- GENCY MANAGEMENT FUNDING; DESIGNATING ERIK MONTAGUE TO ACT ON BEHALF OF THE TOWN OF MARANA WITH RESPECT TO ALL DOCUMENTATION AND COMMUNICATIONS RELATED TO EMERGENCY MANAGEMENT FUNDING WHEREAS the Arizona Division of Emergency Management requires an applicant for emergency funding to designate an agent for purposes of communicating and submitting docu- mentation on the applicant's behalf; and WHEREAS it may be necessary for other emergency relief documentation to be submit- ted to the State of Arizona and other government agencies on behalf of the Town of Marana; and WHEREAS on September 5, 2006 the Town Council adopted Resolution No. 2006 -140 designating T. VanHook as the agent to act on behalf of the Town of Marana for emergency management funding purposes; and WHEREAS Ms. VanHook is no longer employed by the Town of Marana; and WHEREAS the Town Council Ends that adopting this resolution designating a new agent for purposes of submitting the documentation is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Resolution No. 2006 -140 adopted by the Marana Town Council on Sep- tember 5, 2006 is hereby rescinded. SECTION 2. Erik Montague is hereby designated as the agent to act on behalf of the Town of Marana in submitting any and all documentation to and communicating with the Arizo- na Division of Emergency Management and any other agency as necessary to assist in obtaining federal, state, or local emergency relief, and the Town Clerk and Town Manager are hereby au- thorized to execute any documentation necessary to provide evidence of Erik Montague's desig- nation as the Town's agent for this purpose. Resolution No. 2014 -060 Regular Council Meeting - July 1, 2014 - Page 7 of 122 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this i st day of July, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -060 Regular Council Meeting - July 1, 2014 - Page 8 of 122 WN f 7 MARANA 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council From: Vickie Hathaway, Management Assistant Strategic Plan Focus Area: Community Item C 2 Strategic Plan Focus Area - Additional Information: Initiative 6 of the Marana Strategic Plan II Community focus area is to create a community identity, with a strategy to develop and identify a marketing and branding strategy. Subject: Resolution No. 2014 -061: Relating to Administration; approving and authorizing the Town Manager to execute an agreement between the Town of Marana and WebsEdge Limited for production of a film about the Town for the International City /County Management Association (ICMA) Annual Conference Discussion: The Town of Marana will work with WebsEdge to produce a film of up to five (5) minutes in length which will include interviews with Client spokespeople and case study material. The video will be included in a news program at the ICMA Centenary Conference, to be held in Charlotte /Mecklenburg County, September 14 -17, 2014. The film will be broadcast to attendees on television screens and screened in selected delegates' hotels in the area. Copies of the program are available to delegates upon request. The video will be streamed and hosted online for 12 months after the event and a link will be provided to the Town of Marana with a link to the film for marketing purposes. This project includes a pre - production consultation with WebsEdge, one (1) day of filming, final approval of the film before broadcast, inclusion in any social media activities carried out by ICMA TV for the conference, use of any rushes /B -roll (including unused footage) for the Town's own purposes via a royalty -free, indefinite license, and delivery of all assets including footage from the shoot, a high quality master digital file, plus a file in a format suitable to the Town's marketing needs. Financial Impact: The cost of this agreement is $22,500. Funding is available as part of FY ' 15 Professional Services - Manager's Office. ATTACHMENTS: Name: Description: Type: D Reso 2014- Reso, 2014 -061 ICMA Video Production Resolution 061 approving agreement for production of film for ICMA conference.doc Agreement D Draft Confirmation Order Form - ICMAty 2014.doc Exhibit A -Draft Confirmation Order Form Exhibit D AGT 20140626 WebsEdge terms and conditions (00038456).pdf WebsEdge Terms and Conditions Backup Regular Council Meeting - July 1, 2014 - Page 9 of 122 Material Staff Recommendation: Staff recommends approval of the agreement. Suggested Motion: I move to adopt Resolution No. 2014 -061, approving and authorizing the Town Manager to execute an agreement between the Town of Marana and WebsEdge Limited for production of a film about the Town for the International City/County Management Association (ICMA) Annual Conference Regular Council Meeting - July 1, 2014 - Page 10 of 122 MARANA RESOLUTION NO, 2014-061 RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND WEBSEDGE LIMITED FOR PRODUCTION OF A FILM ABOUT THE TOWN FOR THE INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION (ICMA) ANNUAL CONFERENCE WHEREAS the Marana Strategic Plan II Community focus area includes an initiative to cre- ate a community identity, with a strategy to develop and identify a marketing and branding strategy; and WHEREAS the agreement with WebsEdge Limited will provide the Town with a five- minute film showcasing Marana to be broadcast at the International City /County Management Association (ICMA) Annual Conference in September 2014, and a royalty -free, indefinite license allowing the Town to use the film in its marketing and branding strategies as the Town desires; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The agreement between the Town of Marana and WebsEdge Limited, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Town Manager 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 undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this i st day of July, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution 2014 -061 Regular Council Meeting - July 1, 2014 - Page 11 of 122 Draft Confirmation Order Form Client Name: 1 741F 23 t V Event: ICMAty will: Insert client name here ( "Client") ICMA Annual Conference Charlotte /Mecklenburg, NC. September 14 -17 , 2014 ( "Event") ■ Produce a film of up to five (5) minutes in length which will include interviews with Client spokespeople and case study material; ■ Produce a series of news programs at the Event and include the Client's film in one or more of these programs; ■ Broadcast this film to attendees of the Event on television screens; ■ Make copies of the program available to delegates upon request; ■ Stream and host the Client's film online for 12 months after the Event; ■ Screen the Client's film at the Event via a dedicated television channel in selected delegate's hotels in the area; ■ Provide the Client with a link to their film for marketing purposes. Agreement guarantees: ■ Pre - production consultation on the Client's topic and schedule; ■ One (1) day of filming ■ Final approval of film before broadcast; ■ Inclusion in any social media activities carried out by ICMA TV for the conference; ■ Use of any rushes / B -Roll (including unused footage) for Client's own purposes via a royalty -free, indefinite license; ■ Delivery of all assets including footage from the shoot, a high quality master digital file, plus a file in a format suitable to your marketing needs. The cost of this agreement is $22,500 USD. The cost is to be paid on receipt by the Client of an invoice in respect of the sum due ( "Agreement Fee "). Client Details Address 1 Address 2 Address 3 Zip Code Country Signed by WebsEdge Date Name Signed Tel Fax Accounts Dept. Name Account Dept. Email Accounts Tel Signed by Client Date Name I Signed Return of this order form constitutes a binding order rendering you liable for the Agreement Fee specified above. It also signifies your acceptance of our Terms & Conditions available at: http: / /www.websedge.com /webmedia /Terms Conditions /USA Term sand Conditions2013.pdf PLEASE COMPLETE, SIGN & RETURN THIS FORM BY FAX ON: 01144 207 630 4929 OR VIA EMAIL WebsEdge is a trading name of WebsEdge Limited: 9 -11 Grosvenor Gardens, London, SW1W OBD, UK. Registered in England: No. 3520183 Registered office: 141 Wardour Street, London W1 F OUT Regular Council Meeting - July 1, 2014 - Page 12 of 122 CAPTURING ISSUES + AL]DIENCES US Client's Terms and Conditions 1. The Sponsorship Package is detailed in the Confirmation Order Form. 2. WebsEdge Limited will have the copyright and all other rights, including intellectual property rights, in Conference TV and this Promotion. WebsEdge Limited will grant indefinite license to the Client to broadcast recordings and interviews shot on their behalf for any marketing purposes they see fit. 3. The Client warrants and undertakes to procure that all persons whom the Client wishes to be interviewed have agreed to the reproduction in Conference TV of all interviews, speeches and pronouncements made by them in connection with the Conference. 4. In the event that the conference is rescheduled to take place at a different venue, date or time as agreed between the parties the terms of this Agreement shall continue in force and apply to the new venue, date or time as if the rescheduled conference was the Conference. 5. If the Conference or the broadcast is cancelled the Client shall be entitled to a reimbursement of the Agreement Fee less any production or other costs incurred by WebsEdge Limited. 6. In some circumstances, distribution of Conference TV will change based on limitations set by the conference organizers. In such situations, WebsEdge Limited is not liable. Regular Council Meeting - July 1, 2014 - Page 13 of 122 Rejection or Cancellation If written notice of cancellation is received by WebsEdge Limited within seven days of the signed confirmation order form being received, WebsEdge Limited will, to the extent that it has been paid, refund and to the extent that it has not been paid, remit, the entire liability for the Agreement Fee. If written notice of cancellation is received between seven and twenty -one days of the signed Confirmation Order Form being received WebsEdge Limited, WebsEdge Limited will remit or refund as appropriate 50% of the Agreement Fee. Receipt of any purported notice of cancellation outside the timescales given above will be of no consequence. The Client will be responsible for the full Agreement Fee as if purported cancellation had not taken place, excluding such committed third party expenses as WebsEdge Limited is able to avoid liability for within its existing contractual commitments to suppliers. Payment Terms and Conditions The cost of the sponsorship is detailed in the Confirmation Order Form. The full amount of that fee is due within 30 days of return of the Confirmation Order Form. Overdue balances are subject to interest being charges on account of 1.5% per month. Sales tax will be charged where applicable The Confirmation Order Form must be signed and returned to WebsEdge Limited and this will confirm that you have read and agree to abide by the payment terms and conditions detailed above. LONDON I WASHINGTON DC 9 -11 GROSVENOR GARDENS, LONDON, SW1 W OBD +44 (0) 207 630 49001+44 (0) 630 4929 1 ANSWERS @WEBSEDGE.COM I WWW.WEBSEDGE.COM REGISTERED NUMBER 35201831 REGISTERED OFFICE 141 WARDOUR STREET, LONDON, W1 F OUT Regular Council Meeting - July 1, 2014 - Page 14 of 122 WN f 9 ARANA 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council From: Curt Woody, Economic Development and Tourism Director Strategic Plan Focus Area: Commerce Item C 3 Strategic Plan Focus Area - Additional Information: The "Commerce" focus area of the Marana Strategic Plan identifies "Continue to support and increase interaction with Marana Chamber of Commerce programs" as an action strategy. Subject: Resolution No. 2014 -062: Relating to Economic Development; approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2014 -2015 to support the operation of the Marana Visitor Center and the provision of services to the Marana community Discussion: Under the proposed agreement, the Town will provide $40,000 in funding for the Chamber operation of the Marana Visitor Center, as well as funding of other activities undertaken by the Chamber pursuant to the agreement. Under the agreement, the Chamber will: 1. Operate the Marana Visitor Center during established business hours of 8:30 AM — 4:30 PM, Monday through Friday, observing regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor Information Centers. 2. Provide a link to visitor information on its website. 3. Provide opportunities, as requested, for representatives of the Town to address the Marana community. These opportunities may be as part of another event organized by the Chamber, including Chamber networking breakfasts, monthly lunches, community and regional updates, legislative and economic development briefings, or other similar events. 4. Produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. The Town may request up to 2,500 maps and directories from the Chamber for the Town's own distribution. 5. Organize and execute the "State of the Town" event to provide Town officials the opportunity to address the community on current affairs. 6. Collaborate with the Town on questions and methodology used to conduct surveys of the Marana community regarding the local business climate. 7. Partner with the Town to promote tourism, including participating in any tourism development Regular Council Meeting - July 1, 2014 - Page 15 of 122 initiatives organized and implemented by the Town. The Chamber will monitor and report quarterly on progress in each of these categories. The term of the agreement is one year, expiring on June 30, 2015. The Marana Chamber of Commerce was established in 1987 with a vision to "Build Business and Community Relationships." The Chamber's mission is for staff and members to work collaboratively with all industries and levels of government to build a balance between economic growth and quality of life in our community. Financial Impact: Funding for the Chamber has been included in the 2014 -2015 budget. ATTACHMENTS: Name: Description: Type: D Reso. 2014- 062 Marana Chamber Funding Agreement FY14- Marana Chamber Funding Agreement for FY14 -15 Resolution 15.doc 1) AGT 20140623 Funding Agreement with Chamber Exhibit A - Funding Agreement Exhibit (00038370).doc Staff Recommendation: Staff recommends approval of the funding agreement. Suggested Motion: I move to adopt Resolution No. 2014 -062, approving and authorizing the Mayor to execute a funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc. for fiscal year 2014 -2015 to support the operation of the Marana Visitor Center and the provision of services to the Marana community. Regular Council Meeting - July 1, 2014 - Page 16 of 122 MARANA RESOLUTION NO, 2014-062 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT BETWEEN THE TOWN OF MARANA AND THE MARANA CHAMBER OF COMMERCE, INC. FOR FISCAL YEAR 2014 -2015 TO SUPPORT OPERATION OF THE MARANA VISITOR CENTER AND PROVISION OF SERVICES TO THE MARANA COMMUNITY WHEREAS the Marana Strategic Plan's "Commerce" focus area includes an initiative to al- locate and maximize Town resources to engage in the recruitment, retention and expansion of busi- ness and industry, with an action strategy to continue to support and increase interaction with Marana Chamber of Commerce programs; and WHEREAS the Marana Chamber of Commerce operates the Marana Visitor Center and pro- vides other services to the Town and the community; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the public to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA AS FOLLOWS: SECTION 1. The funding agreement between the Town of Marana and the Marana Chamber of Commerce, Inc., 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 undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the funding agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this i st day of July, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution 2014 -062 Regular Council Meeting - July 1, 2014 - Page 17 of 122 FUNDING AGREEMENT MARANA CHAMBER OF COMMERCE, INC. THIS FUNDING AGREEMENT (""Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (""Town"') and the MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c) (6) nonprofit corpora- tion (""Chamber"'). The Town and Chamber are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a ""Par- ty."" RECITALS A. Town has established a need for economic development activities to ensure a sustainable community. B. Commerce is identified as one of the five focus areas of the Marana Strategic Plan, adopted by the Town Council in February 2009 and in the Marana Strategic Plan II, adopted in March 2012. C. Chamber operates a Visitor Center and provides other services for the community that provide information about Town's attractions and business ser- vices benef fitting the Town and its residents. D. Town has determined that the general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. E. The Parties acknowledge that tracking Town payments and Chamber outputs and outcomes resulting from Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the antici- pated benefits of the funding. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: Section 1. Funding. Town hereby commits $40,000 of funding from Town's Fiscal Year 2014 -2015 budget to Chamber to assist in funding Cham- ber's activities under this Agreement. Section 2. Outputs. Between July 1, 2014 and June 30, 2015, Chamber hereby agrees to provide the following outputs with Town general assistance funding provided under this agreement: {00038370.DOC / }Chamber contract FY 14- 15.DOC - I - Regular Council Meeting - July 1, 2014 - Page 18 of 122 2.1. Chamber will operate the Marana Visitor Center during estab- lished business hours of 8:30 AM - 4:30 PM, Monday through Friday, ob- serving regular holidays, and will comply with all regulations established by the Arizona Office of Tourism for the operation of Local Visitor In- formation Centers. 2.2. Chamber will provide a link to visitor information on its website. 2.3. Chamber will provide opportunities, as requested, for representa- tives of Town to address the Marana community. These opportunities may be as part of another event organized by Chamber, including Cham- ber networking breakfasts, monthly lunches, community and regional updates, legislative and economic development briefings, or other similar events. 2.4. Chamber will produce and distribute a map of Marana streets and incorporated boundaries and a membership directory. Town may request from Chamber a maximum of 2,500 maps and 2,500 directories for its own distribution. 2.5. Chamber will organize and execute the "State of the Town" event to provide Town officials the opportunity to address the community on current affairs. 2.6. Chamber will collaborate with Town on questions and methodol- ogy used to conduct surveys of the Marana community regarding the lo- cal business climate. 2.7. Chamber will partner with Town to promote tourism, including, but not limited to, participating in any tourism development initiatives organized and implemented by Town. Section 3. Payments Town shall pay Chamber in three installments of $13,333.33 each, once per quarter, except the fourth quarter of Town's fiscal year, upon receipt of a completed Payment Request Form in substantially the form attached as Exhibit A. Section 4. Reporting Within 15 days after the end of each calendar quar- ter for which Chamber receives funding under this Agreement or before receiv- ing its next quarterly payment, whichever occurs first, Chamber shall complete and submit to Town a written quarterly report in substantially the form at- tached as Exhibit B, demonstrating Chamber's progress toward the outputs listed in Section 22 of this Agreement. Town may additionally request a written or oral report from Chamber at any time demonstrating Chamber's progress in complying with each of the outputs listed in Section 22 of this Agreement. Section 5. Required Insurance Before receiving any payment under this Agreement, Chamber shall deliver to Town one or more certificates of insur- {00038370.DOC / }Chamber contract FY 14- 15.DOC Regular Council Meeting - July 1, 2014 - Page 19 of 122 ance with carriers acceptable to Town evidencing the following minimum cov- erages for at least the term of this Agreement: 5.1. $1,000,000 per occurrence commercial general liability coverage with Town listed as additional insured. Chamber shall deliver an addi- tional insured endorsement along with the certificate(s) of insurance re- quired by this Section. As an additional insured, Town shall be provided coverage for any liability arising out of operations performed in whole or in part by or on behalf of Chamber. 5.2. $1,000,000 per occurrence business automobile liability (if the Chamber has vehicles). 5.3. $1,000,000 per occurrence directors and officers coverage with Town listed as additional insured. 5.4. State of Arizona minimum workers' compensation coverage (if Chamber has paid staff). 5.5. The coverage requirements specified in this Section may not be changed or modified except by written agreement signed by all Parties. Section 6. Corporate Documents Before receiving initial payment under this Agreement, Chamber shall ensure that copies of the following Chamber documentation, including any and all amendments are on file with Town: 6.1. Articles of incorporation. 6.2. Current bylaws. 6.3. List of current members of Chamber's Board of Directors. 6.4. Current fiscal year's budget approved by Chamber's Board of Di- rectors. 6.5. Internal Revenue Service designation letter. Section 7. Amendments to Insurance and Documentation True and ac- curate copies of any amendments during the term of this Agreement to cover- ages or terms of insurance required by Section 5 above or to Chamber's corpo- rate documentation listed in Section 6 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective. Amendments that reduce the insurance cov- erages below the minimums set forth in Section 5 above or that in the Town's reasonable opinion materially affect the Chamber's ability to deliver the out- puts set forth in Section 2 above constitute default for which Town may with- hold payment until Chamber restores the minimum insurance coverages or re- stores Chamber's ability to deliver the outputs. Section 8. Default and Dispute Resolution If either Party defaults (the "Defaulting Party ") with respect to any of that Party's obligations under this {00038370.DOC / }Chamber contract FY 14- 15.DOC -3 - Regular Council Meeting - July 1, 2014 - Page 20 of 122 Agreement, the other Party (the "Non - Defaulting Party ") shall be entitled to give written notice in the manner prescribed in Section 10 below to the Default- ing Party, stating the nature of the default claimed and demanding that the de- fault be corrected. The Defaulting Party shall then have 20 days from the date of the notice within which to cure the default. If any default is not cured within 20 days, then the Non - Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 8.1 and 8.2 below. 8.1. Mediation If there is a dispute under this Agreement which the Parties cannot resolve among themselves, the Parties agree that there shall be a 21 -day moratorium on arbitration during which time the Par- ties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Chamber and Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter Town shall (on its behalf and on behalf of Chamber) request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The cost of mediation shall be divided equally between the mediating Parties. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbi- tration after the moratorium period. 8.2. Arbitration. If mediation (paragraph 8.1 above) fails to result in resolution of the dispute, the dispute, controversy, claim or cause of ac- tion arising out of or relating to this Agreement shall be settled by sub- mission of the matter by all Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having ju- risdiction. Section 9. Indemnification. Chamber agrees to defend, save, hold harm- less, and indemnify Town, its officials, employees, agents, successors, and as- signs from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in con- tract, or otherwise caused by or resulting from Chamber's errors, omissions, or negligent acts in the performance of activities pursuant to this Agreement. Section 10. Manner of Serving. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writ- ing and delivered personally or sent by registered or certified United States {00038370.DOC / }Chamber contract FY 14- 15.DOC Regular Council Meeting - July 1, 2014 - Page 21 of 122 mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To Town: TOWN OF MARANA Director of Economic Development and Tourism 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To Chamber: MARANA CHAMBER OF COMMERCE, INC. President and CEO 13881 North Casa Grande Highway Marana, Arizona 85653 Section 11. Waiver No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by Town or Cham- ber of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. Section 12. Attorney's Fees If any Party brings a lawsuit against any other Party to enforce any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all rea- sonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring dis- putes to be resolved by binding arbitration. Section 13. Headings The descriptive headings of this Agreement are in- serted to assist in understanding the meaning and construction of this Agree- ment. Section 14. Recitals The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorpo- rated here. Section 15. Exhibits Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. {00038370.DOC / }Chamber contract FY 14- 15.DOC Regular Council Meeting - July 1, 2014 - Page 22 of 122 Section 16. Time Essence Time is of the essence for purposes of this Agreement. Section 17. No Assignment Chamber's obligations under this Agree- ment may not be assigned without the written consent of the Town Manager or designee. Section 18. No Partnership and Third Parties It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any part- nership, joint venture or other arrangement between Town and Chamber. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. Section 19. Other Instruments Each Party shall, promptly upon the re- quest of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to ev- idence or give effect to the provisions of this Agreement. Section 20. Imposition of Duty by Law This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law. Section 21. Entire Agreement This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agree- ment. All prior and contemporaneous agreements, representation and under- standing of the Parties, oral or written, are hereby superseded and merged in this Agreement. Section 22. Amendments to Agreement No change or addition shall be made to this Agreement except by a written amendment executed by the Par- ties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals ex- pressed by this Agreement. Section 23. Good Standing; Authority Chamber represents and warrants to Town that it is duly formed and validly existing under the laws of the State of Arizona. Town represents and warrants to Chamber that it is an Arizona municipal corporation with authority to enter into this Agreement under appli- cable state laws. Each Party represents and warrants that the individual execut- ing this Agreement on its behalf is authorized and empowered to bind the Par- ty on whose behalf each such individual is signing. Section 24. SeverabilitY If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agree- ment, which shall otherwise remain in full force and effect. {00038370.DOC / {Chamber contract FY 14- 15.DOC -6- Regular Council Meeting - July 1, 2014 - Page 23 of 122 Section 25. Governing Law This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Par- ties agree that any litigation or arbitration shall take place in Pima County, Ari- zona. Section 26. Interpretation This Agreement has been negotiated by Town and Chamber, and no Party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any Party. Section 27. Force Maje� If any Party is unable to perform under this Agreement by reason of "force majeure," then the failure to perform shall not constitute a default under this Agreement as long as the non - performing Party uses its best effort to remedy with all reasonable speed the event or condition causing the non - performance and performance can be restored within a rea- sonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limitation, "acts of God," strikes, lock -outs, or other disturbances of employer/ employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or off i- cials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; ex- plosions; and partial or entire failure of utilities. Section 28. Conflict of Interest This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation of contracts by government en- tities in certain instances involving conflicts of interest. Section 29. Immigration Laws Chamber warrants that it, and any sub- contractor who performs any work for Chamber under this Agreement, will at all times comply with all federal immigration laws and regulations that relate to its employees and with Arizona Revised Statutes section (A.R.S. §) 23 -214 (A). Chamber acknowledges that pursuant to A.R.S. § 41 -4401 and effec- tive September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agree- ment, and that Town retains the legal right to inspect the papers of any em- ployee who works on the Agreement to ensure compliance with this warranty. Section 30. Effective Date; Term This Agreement is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all purposes on July 1, 2015, unless sooner terminated by the mutual consent of the Parties. {00038370.DOC / }Chamber contract FY 14- 15.DOC Regular Council Meeting - July 1, 2014 - Page 24 of 122 IN WITNESS WHEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. 0 Town: THE TOWN OF MARANA, an Arizona municipal corporation Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney A. Payment Request Form B. Quarterly Report Form Chamber: MARANA CHAMBER OF COMMERCE, INC., an Arizona 501(c) (6) non - profit corpora- tion By: Printed: Its: Date: EXHIBITS 100038370.DOC / }Chamber contract FY 14- 15.DOC -8- Regular Council Meeting - July 1, 2014 - Page 25 of 122 MARANA TOWN OF MARANA =/ A . IXHIBITA - PAYMBVTFEQUESTFORM (FY2014-2015) Agency /Contractor: Marana Chamber of Commerce, Inc. Project Name: Visitor's Center Operations Prepared by: Name: Title: Authorized by: Authorized 3gner Period Reimbursement Requested For: Payment Number: Line Ite m Line Item Description Expenditures This Period: $ + / - Adjustments (Program Income /Other): $ Net Request This Period: $ Approved Expenditures Expenditures Budget (A) This Period (B) PriorPeriods(C) Balance (D) 1. Se ry is e s %p port $40 $ -0- $ -0- $40 2. 3. 4. 5. TOTAL (must total Town of Marana award) $ $ $ $ NOTE: Foreach line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAG ER APPROVAL: QUARTERLY REPO RTRECEJVm: ❑ YES DATE FINANCE APPROVAL: CHECK NUM BER: DATE: All requestsfor budget changesare required to be submitted in writing and approved by Economic Development and Tourism. Changeswill only be allowed aslong asthe total dollar amount contracted for remainsthe same, the costsare eligible and the 20% administrative cap isnot exceeded. Failure to submittimely quarterly performance measuresreports may delay the processing of payment requests. Date: f00038370.DOC / Regular Co ncil Meeting - July 1, 2014 - Page 26 of 122 Town of Marana Quarterly Report — Exhibit B Fiscal Year 2014 -2015 Agency Name: Marana Chamber of Commerce, Inc. Project: Visitor's Center Operations Projected Annual July 1- October 1- January 1- April 1- Year -to- Date Performance Outcomes and September 30 December 31 March 31 June 30 Totals List of Activities with Date Measurement 2014 2014 2015 2015 Output: The Chamber will pro- duce and distribute 8,000 Mem- bership Directories. Data Source: Chamber rec- ords Output: The Chamber will dis- tribute 5,000 Marana maps to area merchants, visitor centers, and attractions. Data Source: Chamber rec- ords Output: The Visitor's Center will operate the Monday — Friday, 8:30 am — 4:30 pm observing regular holidays. Data Source: Calendar Output: The Chamber will track the number of hits on the Visitor section on its website. Data Source: Website Counter Output: The Visitor's Center will track the number of visitors to the center. Data Source: Chamber rec- ords t00038370.DOC / Regular Council Mee ing - July 1, 2014 - Page 27 of 122 WN f 9 ARANA 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director Strategic Plan Focus Area: Not Applicable Item C 4 Subject: Resolution No. 2014 -063: Relating to Personnel; approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Chapter 6 - Employee Development and the Introduction to Personnel Policies and Procedures Discussion: The attached personnel policy amendments were first presented for consideration to the Mayor and Council during the regular council meeting of June 17, 2014. A summary of the changes are noted below. Summary of Chapter 3 - Compensation Policy Changes: - Policy 3-3 Compensation Plan and 3-3-1 Compensation Philosophy: This section documents the Town's pay philosophy adopted by the Council via Exhibit A Compensation Policy for the Town of Marana of Resolution 2013 -093 on October 15, 2013. - Policy 3 -3 -2 Pay Adjustments Based On Market Movement and Performance: This section establishes that employees will receive a market adjustment if the salary structure is moved based on market data, and that performance based increases will be the basis upon which employees move through the pay grade. Consideration will be given to the Town's ability to fund such increases. - Policy 3 -7 Adjustments To Pay Based On Employment Action: This section remains intact though a portion of the (administrative) policy language is recommended to be transferred to an Administrative Directive. - Policy 3-13 Conflict With Memorandum of Understanding (MOU): This section was removed in its entirety due to the "sunset" of the MOU with the Marana Police Officers' Association effective June 30, 2014. In addition to the changes to Chapter 3, staff used this opportunity to reorganize existing policy language which resulted in the transfer of performance management policy to Chapter 6 (Employee Development). Aside from the transfer, and one non - substantive change in Policy 6 -3, no other amendments are proposed for Chapter 6. Finally, the amendments include changes to the Introduction to the Personnel Policies and Procedures which will make the Town's personnel policies applicable to all Town employees, except where stated otherwise. Additionally, the proposed amendments to the introduction page would eliminate the Regular Council Meeting - July 1, 2014 - Page 28 of 122 requirement that all personnel policy amendments be presented to Council on two separate occasions before they may be approved. Financial Impact: None. Any changes to compensation will be based upon budget capacity and authority. ATTACHMENTS: Name: Description: Type: D Reso. 2014- Reso. 2014 -063 Personnel Policy Revisions for 063 Adopting revisions to Ch. 3, Ch. 6 and Intro.docx Chap 3 and Chap 6 Resolution POL 20140523 revisions to Personnel Policies Chapter 3 (00038093- 2).pdf Exhibit A- Revisions to Chap. 3 Exhibit D Chap 6 Performance Management Revisions.pdf Exhibit B- Revisions to Chap. 6 Exhibit D POL 20140411 Revisions to Intro to Personnel Policies (00037545).pdf Exhibit C- Revisions to Introduction Exhibit D POL 20140505 Draft revisions to Personnel Policies Chapter 3 Clean version of revisions to Chapter 3 Backup (00037844- 3).doc Material POL 20140519 Draft revisions to Chapter 6 (00038019).pdf Clean Version of Revisions to Chap. 6 Backup Material Staff Recommendation: Staff recommends adoption of the proposed changes to Chapter 3 - Compensation, Chapter 6 - Employee Development (and Performance Management), and the Introduction to the Town's Personnel Policies and Procedures. Suggested Motion: I move to adopt Resolution No. 2014 -063, approving and adopting amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Chapter 6 - Employee Development and the Introduction to Personnel Policies and Procedures Regular Council Meeting - July 1, 2014 - Page 29 of 122 MARANA RESOLUTION NO. 2014-063 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 - COM- PENSATION, CHAPTER 6 — EMPLOYEE DEVELOPMENT, AND THE INTRODUCTION TO PERSONNEL POLICIES AND PROCEDURES WHEREAS Chapter 3-3 of the Marana Town Code provides that the Town Council may adopt personnel policies, rules, and regulations that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to Chapter 3 and Chapter 6 of the Personnel Policies and Procedures, and the Introduction to Personnel Policies and Procedures at the June 17, 2014 Council meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 3 of the Town's Personnel Policies and Procedures, entitled "Compensation" is hereby amended as set forth in Exhibit A attached to this resolution. SECTION 2. Chapter 6 of the Town's Personnel Policies and Procedures, entitled "Em- ployee Development" is hereby amended as set forth in Exhibit B attached to this resolution. SECTION 3. The Introduction to Personnel Policies and Procedures is hereby amended as set forth in Exhibit C attached to this resolution. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this resolution are hereby repealed, effective as of the effective date of this resolution. Resolution No. 2014 -063 Regular Council Meeting - July 1, 2014 - Page 30 of 122 SECTION 5 . The Town's manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and ob- jectives of the aforementioned amendments. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 st day of July, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014 -063 Regular Council Meeting - July 1, 2014 - Page 31 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Jill, lill III, III,, . . • . . . .. .. .. ... . .. . ... . . .. - .... .. la, . . .. ... .. . .. . .. - . .. . . . • Liii All wh • . .. . . . . . . .. . IN .. . p .... . . .. . .. . .. . i - N W • H il l I,' Jill .. . ... . .. . .. .. . .. . .. . . .. 1 111 • 1 1 1 . . ... . .. . .. .. .. . All . .. ... . . .. 100038093.DOCX / 21 3 -1 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 32 of 122 PER • w m ON N. Is . . . A . . . . . . . . .a . . . 2& .. W"WELVAM 4119 100038093.DOCX / 21 3 -1 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 32 of 122 ME MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION POLICY 3 -1 I JL-J I AL TG_v 2 -a I AL CT A TT T cPOSITION STATUS - -- - -- - - - ---- ice'! =- - - - -E- -. �.«!fi - -- - -- - - -- -- - - - - - - JIL - - - - - - - - - - - - - - - - - -- -- - -- - - -- - -- - - -- - -- - - - - - Oh 11 1 - - -- - - - - -- -- - - - -- -- -- - -- All positions in the Town of Mariana are categorized as classified, unclassified, or temporary positions. Section 3- 1- 1 The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At- : Employment that may be terminated upon the will of the . - L - L L% employer or employee at any time with or without cause. n r n n r r �[CZT�rrC1�T gm ij n r n V 11 � N OV 11 11 VA M KRU U WA Wll 0 ON ID • A Ilk 'kh V V - . . . 0 4=04WANXIIIIIII V G 4 WAIIIIIIIIIIIIIIIII l l I II I I lip - - •• - - - - .. 1 1 0 0 1 11 . 1 - - M.. . . - 0, 1 N. 1 111 'N AL I I I PA � I � j • 0 FIRM Ififfal mlap pill . .. . 1 I . - - - • - . . . - - - - - - - - - • - - .. - - . - . . I - - - . 1 N W .. - • Okk lisp. WON. I, .�NVI 11 q Zj W i a t h . V • IF . . • Ok lk I III Z ft. EM a a All a - � . . . - 100038093.DOCX / 21 3 -2 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 33 of 122 Mold MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Cr�� CLASSIFICATION AND COMPENSATION B. thiS c- a�egeekgl3l�eT«_r }h� T�T. � „” �- �r��_ }� 4p e'.�Te -Full -time: A position for which the normal work schedule is at least 40 hours per week. C. Part- T time: A ^r „ L„rea far ai a %. ;r; +o �� ?�� %,L position for which the normal work schedule is A, L t IL e A L s ' + � n h 40 �„ less than 40 hours per week. T-P% , %gAt-a �� +., +„ L + 1 aT7ee ,-,. US t SUEcegq f 4 1 7 Ea / n f„ 11 16P L-V D. Probationary T ;, r A classified employee aka - k-�tk is --�_1 ON/ J ^��rq r lar serving in an initial evaluation period. ZTCrf-'l �� • �� f „11 ��PCCTr -- - _ a - - J --- f� l�� . Regular employee: A classified or unclassified employee .JL %--,.JL hired for an indefinite period in a budgeted position ]PC-;4j Iq at 3will Section 3 -1 -2 Classified Positions A. All positions not specifically identified in the salary schedule implemented by the Town Manager as unclassified or temporary positions are classified positions. B. Notwithstanding paragraph A above, an employee maybe hired in a classified position, but on a temporary basis. When this occurs, the employee will be considered to be in a temporary position, and will be subiect to the policies, rules, and regulations governing temporary positions. 100038093.DOCX / 21 3 -3 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 34 of 122 Mold MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Section 3 -1 -3 Unclassified Positions All town officers, as defined in the Town Code, are in unclassified positions. Any other unclassified positions shall be identified as such in the salary schedule implemented by the Town Manager. Employees in unclassified positions are at -will employees. Section 3 -1 -4 Temporary Positions This category of employment is comprised of term - limited temporary positions and short -term temporary positions, as defined below. Employees in temporary positions are at -will employees. A. Term - limited temporary positions are positions with work related to a specific grant, project, or other non - routine significant or substantial body of work, for a term of six to 36 months. tha-n Short-term temporary positions are positions used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. Employees in short -term temporary positions shall work for a time period that does not exceed six months or 1040 hours in a rolling 12 -month period. nom,- r ? 0AT ta-es e f l d � POLICY 3 -2 pn1 G ?2 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3- 2- 1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified, and positions substantially different in scope and complexity are appropriately classified. 100038093.DOCX / 21 3 -4 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 35 of 122 Mold MARANA TOWN OF MAMNA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Section 3- 2- 2 2 - Plan Amendment All amendments to the classification plan, including classification title changes, abolitions of obsolete classifications, and the creation of new classifications, require the approval of the Town Manager. Section 3 -2 -3 S°^d 2 -2 - 2 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all positions. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. Section 3- 2- 4 3 4--Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new classification, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, a Department Head or the chain of authority above the level of Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head or the chain of authority above the level of Department 100038093.DOCX / 21 3 -5 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 36 of 122 Mold MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Head, where applicable, will provide a completed position description questionnaire to the Human Resources Department. D. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. Section 3 -2 -5 No Right of Appeal -E. A The establishment of a classification plan and position classifications, allocation of classifications to a specific salary grade, position classification review u iSdecisions, and chances or adjustments to the classification plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. POLICY 3 -3 nnT A 24 COMPENSATION PLAN The .Town of Marana is committed to providin a fair, balanced, and highly competitive compensation package for its employees. In alignment with the Strategic Plan, the Town's goal is to recruit and retain high performing employees who develop innovative approaches to serving citizens and community partners. The total compensation system will be one that is simple and easy to understand, and can be clearly communicated to employees. Section 3- 3- 1 ^ ^� ^� ?'' Total PlayCqMptnsation Philosophy The Town is a steward of community resources. As such, total compensation should take into consideration the Town's ability to pay. The Town will focus on: Monitoring and maintaining the compensation system t0 provide the flexibility needed to respond to changing conditions in the organization. TE44S 51 B. ' 100038093.DOCX / 21 3 -6 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 37 of 122 MARANA �Z�/ I III'\ TOWN OF MARIANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION t %;AL.IJ L e.- 4FLt. Clearly communicatin& the benefits of our employees' total compensation. Total compensation is defined as: 1. Base pay, which is comprised of wages and salaries 2. Benefits, includina but not limited to, health /life insurance, pension plans /retirement plans, Workers' Compensation, and paid leave 3. Incentives, performance -based pay, and other supplemental pay and allowances sec%�Ease��r��,�� ^mss— ar�far �et�v��Offerin�pav that is competitive within our defined market and balances the external market with internal e ui D. Providing employee benefits in areas such as health insurance, retirement, and paid leave that offer flexible options for meeting our employees' needs within our fiscal constraints. E. Recoanizina and providin& incentives for employee creativity and innovation that benefit the public through improved efficiencies, productivity, and commitment to service excellence. F. Providing support, such as training opportunities and career development to our employees in their efforts to attain new skills, achieve organizational aoals and enhance their professional Growth. Section 3 -3 -2 Pia � Adjustments Based on Market Movement and Performance - - -- - - - - - -- -- - - I -mmm -- - -- - -- - - -- -- 1 1 -- . -- • • A. The Human Resources Department will conduct an annual survey in the re aio reaardina market adjustments and performance -based pay and may recommend pay adjustments based upon that survey. 1. If the salary schedule is adjusted due to market movement, employees will receive salary increases equal to the structure adjustment in order to remain at their relative position within the pay range. 100038093.DOCX / 21 3 -7 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 38 of 122 ME MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION 2. If performance -based increases are granted, such increases will be the basis upon which em lovees move through the payarade. B. Any adjustments to the salary schedule or employee pay are subject to budget capacity and authority. Section 3 -3 -3 Compensation Funding Within available resources, the Town will consider f undina individual components of the compensation plan each year durina its annual budget ii2rocess, workin to establish a hi hlv competitive total compensation p ackage for employees. Section 3- 3- 4 ° ^� ^� 2 -' - No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific salary grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. -- - - -- - -- - 11111, - -- - - - - - -- - -- -- - - -- - -- - - - - -- -- -- - -- -- - I -- - - - -- - -- - -- im 1 , - - - -- . . -- - -- - -- -- -- -- - -- - -- - - 1 -- - - - -- 11 - - - - - - -- - - - -- -- - - - - - -- - -- - V.I - - -- - - - -- - - W1 1 - M -- -- - - - -- IV, 1111 RM 1110 N11 Il Nimawn M �IWI I 'T I I I V. I I I - - -- -- -- I - N. - -- -- - - -- -- IMMIL - - - - -- -- -- - -- - -- - - - - - - - -- - - - - - - - - - - - - - -- -- - 1 1 pa i - - �MA - - - -- - -- - -- - - - - - - - -- - - -• 111I ILWAI - - - - -- - -- - - - -- - - - -- .- - - - - - - - - - -- - 7 I ID -- -- - - -- -- -- -- - -- - -- - - -- - - - -- - -- - - - -- -- - - -- - -- - - -- • 111N.- �.'V. 1 11 100038093.DOCX / 21 3 -8 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 39 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION ' .� .... .. .... . . All INS • wAk .. . All . lo w I �'l 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 .. All .. . . .. . .. . . .. . . . . . . . ..... .. . . . ... .. . .. .. ... .. . _111 mmi . 10 11111 6rAh All Ill Wwww'm ago Ill I w mmill In 116 1 11 111 All I I I 1 I mw 14 All I i�w w All a �mak m m m I I ml j WWI .0 I I 1 N-0 N v O 11111 1� I i .. ... .. .. All .. Al ... .. .... P EW �.. .. . ' - - -- - .. S .� .... .. .... . . All IN ' A O w, I In In Al N... • wAk • 15 . All . . .. . . m �mm .. All .. N. M -- - - -- - . P. 11 11 1 �lipm hilLW�W'-M�'4'*%"K.'41."L""M�ll�l��om,�� 11.11 1 1 1111 11. , m 4 ' me , M I -- -.0-1 L�IIIIIIIIIIIII .. .. .. �. m.. .... ... .. . . . All . . . .. . . . . . . .. . . ft 141 I pi . . . . . 11, . . . . . . . . . . .. . . . JW G WAS ILVALIALM-I U 11 In III [ji j I I WVw P EW �.. .. . ' - - -- - .. S .� .... .. .... . . IF IN ' A O w, I In In Al N... • wAk • 15 . . .. . . . . .. .. . . .. . . Al . .. . . All A" MRANIN . • I I I I I I . Ill .. N. M -- - - -- - . P. M P EW �.. .. . ' - - -- - .. S .� .... .. .... . . . - . . . . V • I I I'm IV. . V. V. . . 1 ''.0 1 1 1 1 1 1 mw�WUL INA • 15 • III . . . . . . . . . . . . .. . . .. . . .. . 100038093.DOCX / 21 3 -9 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 40 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION - - . - . - .. • • - . .. I • V W,�WUNL�wM�'&'MMM M il 1 1 1 j MALvAL%RL%1M�R Wmft�l I%Lmm ■ . . W . -- - - - - -- . - 111 0111 -61 111 1 11 MN w .... III .. .. 0 11111 .. Jim ',I I Will . -. �. -. ■.- - - -- - l .. - - I 'p �- - .. �. .. . - .. .. .... .. �. ... - - - .. .. .. . .. a - . - �. .. • - �. .. ... .. p ilill - - - . 1 - . 1 . 1 1011 1 - 11 . .- . .. . . . . - - - . W . . - . .. .. . .. - . - • lll��loftnl I v I Wei V. I I V. III I iii III I 1 11 1 1 • . . . .. . .. . . . . . . .... . . . 1 10- IN . Ew • .. �. .. . Ew . E .... .. .. ... -. .. .. %of O wl .. . w 'R 010 IL - • 'a Jim, MENIM1011 ... III 111 11 w I INE Jim, lus m m w 11 11 n - w w il mil ski 1 .. ... v"I IN I 111 1wp 1110 . - • .. l .. - - . - . - .. • • - . .. I • V W,�WUNL�wM�'&'MMM M il 1 1 1 j MALvAL%RL%1M�R Wmft�l I%Lmm ■ . . W . -- - - - - -- . - 111 0111 -61 111 1 11 - . I ME �. - . .m Oil 11 11 V. .. 11 — aL . -. �. -. ■.- - - -- - . - -. -- .. - - I 'p �- - . - . W A W ll 1 - - - -. -. M 11 1 -- - a - . - �. .. • N.1111 111 111 w N101 V. V. M. . IF .. . - - --- - -. -- . - -. V . - -- V. V. I I III WWI . V, All �. .. -. . . . . .. .. . . . I Wei V. I I V. III I iii III I 1 11 1 1 • 1 11 11 I 'l l '' IV.11 I I v iiiiia m il v 1 'I' m. W OMEN 4 11 1 111 11 -P 1ILw - . - . - .. • • .. . . . . . OF W 411 I a&! , �� M No IN - . . - . - . . 11 A - - - 14 - - - 1 1 MM - • - - • - milli, A0 III � .1111 11 IN M11 . - . W A W IL kill 100038093.DOCX / 21 3 -10 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 41 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION . . . . — . IF I I 11 11 w 'w ill 1 w 1 1 .. . . . . L I LVA MA W 1 .. . .. . .. . . . . .. . .. . . . . . .. . . . 11 1 I 111 ko � Ill, mi . llift 'll I I V. V. I im . .. . . IIIIIIII W1iiiiiiii11LV . V.1 I Il . . . . . • - ■ - . . IF WW I I iiiiiiiiiii 111111 11111 �aqm W, III IF V IUMIM 11�w v 1114 m v. 11 , 1 Io I I w1w. WI�MUL�mmmmmi9wm "ww wl I W. I I Nill 11 1 ---71 liwillw ''I V. 1 1 1 1 0 �101 mill 1110.0 11 IFL�w�ILWAMMMKWM�W�� I V. I I I I PA Ift . . . . . . . . . . . . 11 0. 1 . . .. 1 "A . . . . .. . . . . . . . . . . . .. . .. . . . . . . . . . . . .0 .. . . Wtl . . . . . . . . 100038093 2 1 3 -11 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 42 of 122 Is A VALl Win 01 i . ... .. 1 .. .. .. ... .. re .. .. .. �. _ .. jiji� i . .. .. . � � Up' WU w 99 M M &VIIII M 9 M ... . . . . N w 1 p . .. . . .. . . .. . .. . m .. ON! .. . vALqW 1 9 . . . . . ... . . . .. E. � NN 11 11 . ... . . .. .. 11 . I m l . .. .. . Old lill F qiii Ill jj ll j �� 11 1 1 1 1 1 1 1 1 W N W .1�1� I I I I I I I 11111LIAL�w, N w E W . o .. .. .. . ..... ... . n mw . .. . . .. mmmh . 1� .. . . .. . - • . . . . — . IF I I 11 11 w 'w ill 1 w 1 1 .. . . . . L I LVA MA W 1 .. . .. . .. . . . . .. . .. . . . . . .. . . . 11 1 I 111 ko � Ill, mi . llift 'll I I V. V. I im . .. . . IIIIIIII W1iiiiiiii11LV . V.1 I Il . . . . . • - ■ - . . IF WW I I iiiiiiiiiii 111111 11111 �aqm W, III IF V IUMIM 11�w v 1114 m v. 11 , 1 Io I I w1w. WI�MUL�mmmmmi9wm "ww wl I W. I I Nill 11 1 ---71 liwillw ''I V. 1 1 1 1 0 �101 mill 1110.0 11 IFL�w�ILWAMMMKWM�W�� I V. I I I I PA Ift . . . . . . . . . . . . 11 0. 1 . . .. 1 "A . . . . .. . . . . . . . . . . . .. . .. . . . . . . . . . . . .0 .. . . Wtl . . . . . . . . 100038093 2 1 3 -11 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 42 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION . - . 1MA .. .1 m AN 111 111 NM . 1 11 M mm . POLICY 3 -4 120 1 1G-v ? G PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3 -4 -1 ^ ^�-� ^� 2 %J Time Sheets and Payroll Records A. All non - exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the 100038093.DOCX / 21 3 -12 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 43 of 122 Jill WANxvArs .. . . . . . .. .. .. .... .. . .. . .. & r1la . .. 11111M.W.W, . . .. .. . .. . .. . . .. - . .. . .. .. . . . ... .. . . . . V .. . . . . - • . - . 1MA .. .1 m AN 111 111 NM . 1 11 M mm . POLICY 3 -4 120 1 1G-v ? G PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3 -4 -1 ^ ^�-� ^� 2 %J Time Sheets and Payroll Records A. All non - exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the 100038093.DOCX / 21 3 -12 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 43 of 122 11 ME 11 11 . . . . . ... pill . .. .. . .. . .. . . .. - MWIENEME- .. MEKWMMLWL . - . 1MA .. .1 m AN 111 111 NM . 1 11 M mm . POLICY 3 -4 120 1 1G-v ? G PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3 -4 -1 ^ ^�-� ^� 2 %J Time Sheets and Payroll Records A. All non - exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the 100038093.DOCX / 21 3 -12 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 43 of 122 • WI� oLqwwl RW ILMNO.A�W NEW I I I I I I I III ft.. .. -- I SALINAS! Ill Ill Ill 11111111 - LEWI • WN IN 1 1 ... . . .. .. .. . .... .. . I .. .. .. . .. .. . .. . . . .. W • I w il il��l IN I i �w . .. .. .. ... . . .. NEW . . . ffi . . .. . .. .. . .. . . .. .. - • .... .. • NJ 4-1-l W - .. - -- - .. -- - - - - - - - . - - - -- - ... IN Ah m Ill, .0.000 1,1111 NJ 1 '11 0 V. WwRLM�Lwjpb�� WWI I I I I I I I I, �illilill I W IN I Rl A NE W N W ILWLMR.IL . - . 1MA .. .1 m AN 111 111 NM . 1 11 M mm . POLICY 3 -4 120 1 1G-v ? G PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3 -4 -1 ^ ^�-� ^� 2 %J Time Sheets and Payroll Records A. All non - exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the 100038093.DOCX / 21 3 -12 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 43 of 122 Mold MARANA TOWN OF MAMNA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION time sheet to the Finance Department by the deadline established by Finance for each pay period. B. All exempt employees shall complete an attendance record which documents leave taken each pay period. The attendance record shall be signed by the employee's direct supervisor verifying any leave taken. Leave authorization requests shall also be signed by the exempt employee's supervisor and retained by the employee until the pay period in which the leave is taken. Leave authorization requests shall be attached to the attendance record and submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town in accordance with the Town's records retention schedule. D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets, attendance records or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3 -4 -2 � ^ "I: i ^" ? G ' Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period, unless that day is a Town - recognized holiday. If the distribution date falls on a Town - recognized holiday, the Finance Department shall select and coordinate an alternate distribution date. B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of direct deposit, checks for those who are on leave on the regular pay date will be held by the Finance Department until the employee returns to work. D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3 -4 -3 �^^f ^4n 2 G 2 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include, but are not limited to, state - mandated retirement 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 44 of 122 Mold MARANA :��/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3 -4 -4 Seaeet ^n 2 -6. Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. Section 3- 4- 5 Payroll Errors Occasionally, a payroll error will occur regarding an employee's wages. If an employee becomes aware of a payroll error, either an overpayment or an underpayment of wages, the employee shall provide written notice to the employee's supervisor and to the Finance Director or designee as soon as the employee becomes aware of the error. Likewise, the Finance Director or designee shall provide written notice to an employee of a payroll error as soon as the Finance Department becomes aware of the error. Once an error has been discovered, the Finance Department will initiate a correction as follows: A. If the employee has been underpaid due to an error made by the Finance Department, the Finance Department will run a special payroll as soon as practical. B. If the employee has been underpaid due to an error made by the employee or the department payroll liaison, the Finance Department will make the appropriate adjustment in pay at the next regular pay cycle. C. If the employee has been overpaid due to an error made by the employee, the department payroll liaison or the Finance Department, the employee will be required to reimburse the Town for the overpayment. The Finance Department will make every effort to establish a repayment schedule that meets the Finance Department's responsibility to recoup public funds in a timely manner and incorporates consideration for the employee's ability to repay. POLICY 3 -5 nn1 v 1 " 1 C �7 WAGES AND HOURS Section 3- 5- 1 % Work Week A. The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 45 of 122 Mold MARANA :��/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. B. A work week generally begins every Saturdav at 12:01 A.M. and ends the f ollowin Friday at 12:00 midni ht. C. The Town Manager or the Department Head may sta gger , rearran and adjust the work hours of employees to enable the Town to keep offices open at all times required. . . . A supervisor may require any employee to temporarily perform service in excess of 40 hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures, Town administrative directives and state and federal law shall apply. Section 3 -5 -2 �^^ti^n 3 7 2.—Overtime Eligibility A. As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (FLSA). B. Position classifications shall either be exempt or non - exempt from the provisions of the FLSA, as defined in state and federal law. C. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status Of position classifications. �l�s}' ii�P 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 46 of 122 MARANA TOWN OF MARANA CHAPTER 3. �r�� CLASSIFICATION AND COMPENSATION Section 3- 5- 3 Overtime and Compensatory Time A. It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. _ _ r °^ A Q %ter -ail mini B. U &-I %-.JL %,'L-L L %,L %-,f -L L %- JL L LL.JL.JL %-JIL L X X L ia qP A irate a FJL G- a 1L =LH9 ensate 4:3; z e aff A t tL e time L ga f glril + %--'.JL %- r + 1 �� TTlIlI Y' 0r rL + UJIL L %- %- -L -L L ,L.JL.JL %,L-L L -L -L L %- !1 lITTlI i !I TA7lI1� De Heads are %-.JL % -- 1 J _ r _ responsible for the planninil required to minimize the need for overtime. Lb • , - - - - -% =��19- l� %l. TF4. TL-LJLL%o- I.-Dta-paAment TL=1JL%e-%;3K%,1L OWL- (.-�A%---LL%--J ;41 must tLp JL-=LLLi%a- Sefvi %es.. A--J-L-LL %-%-L-7 LY.JLL%,L.JL.JL LY1 %-.JLL Y —FiL.-ILOWL t%E) NVE)FLIK.Jill" %;14LAF;; E) V F t ii F=L = 4P I PA ; P 0 111 111 L A PLL4 i4p Iquc-L ;4 4 4 f-L pvi ;;z b 0:;Vz:e-:JrA,AJL-mLLLe. t1HRLILe-SYS t%LJLL%e- P3; z:fa:K4:4* Q iJeemei;J to Le an e r IL.JL -L V.JL%,L� v 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 47 of 122 1111.1 06�11@ 1111111 1 UNION 40Wft EPA F.Tairm - - -- -- - -- - - -- -- - -- - - -- -- WAW1L�W,0MII0MM1 - -- - - -- -- - - -- -- - -- - -- - - - - - - -- - - - -- � WW - - -@$ - -- - - - - -- - - - - - - - - - - -101110 W-Wqy--Wly� - - - - -- B. U &-I %-.JL %,'L-L L %,L %-,f -L L %- JL L LL.JL.JL %-JIL L X X L ia qP A irate a FJL G- a 1L =LH9 ensate 4:3; z e aff A t tL e time L ga f glril + %--'.JL %- r + 1 �� TTlIlI Y' 0r rL + UJIL L %- %- -L -L L ,L.JL.JL %,L-L L -L -L L %- !1 lITTlI i !I TA7lI1� De Heads are %-.JL % -- 1 J _ r _ responsible for the planninil required to minimize the need for overtime. Lb • , - - - - -% =��19- l� %l. TF4. TL-LJLL%o- I.-Dta-paAment TL=1JL%e-%;3K%,1L OWL- (.-�A%---LL%--J ;41 must tLp JL-=LLLi%a- Sefvi %es.. A--J-L-LL %-%-L-7 LY.JLL%,L.JL.JL LY1 %-.JLL Y —FiL.-ILOWL t%E) NVE)FLIK.Jill" %;14LAF;; E) V F t ii F=L = 4P I PA ; P 0 111 111 L A PLL4 i4p Iquc-L ;4 4 4 f-L pvi ;;z b 0:;Vz:e-:JrA,AJL-mLLLe. t1HRLILe-SYS t%LJLL%e- P3; z:fa:K4:4* Q iJeemei;J to Le an e r IL.JL -L V.JL%,L� v 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 47 of 122 ME rnm MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION - - - - - -- - - - -- - P f f P E f- i A - - - - -- - - -- - - -= -- - -- — F A -- t.L&Le non %-Z%%--L-A-L vlositi iFR Y III vertime and com�ensator�tirovisions annly only to non - exempt emnlovees. D. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (FLSA). Section 3 -5 -4 12 '' '' Exempt Employees A. The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. B. The Town prohibits any deductions from FLSA exempt employees' pay that are improper under the FLSA. If an FLSA exempt employee believes that an improper deduction has been made to his or her salary, the employee should immediately report this information to his or her direct supervisor, the Department Head 01r C'Pr or to the Human Resources Director. The Town will promptly investigate 100038093.DOCX / 21 3 -17 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 48 of 122 • III IN Ilk • .. .. .. . I . . .. . .. " . .. . .. - - - - - -- - - - -- - P f f P E f- i A - - - - -- - - -- - - -= -- - -- — F A -- t.L&Le non %-Z%%--L-A-L vlositi iFR Y III vertime and com�ensator�tirovisions annly only to non - exempt emnlovees. D. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (FLSA). Section 3 -5 -4 12 '' '' Exempt Employees A. The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. B. The Town prohibits any deductions from FLSA exempt employees' pay that are improper under the FLSA. If an FLSA exempt employee believes that an improper deduction has been made to his or her salary, the employee should immediately report this information to his or her direct supervisor, the Department Head 01r C'Pr or to the Human Resources Director. The Town will promptly investigate 100038093.DOCX / 21 3 -17 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 48 of 122 ME rnm MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION reports of improper deductions. If the Town determines that an improper deduction has occurred, the Town will promptly reimburse the employee for the improper deduction. POLICY 3 -6 V . 0 . 1 . 1c .-. 414 3 . 42 1. HOLIDAY PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council - approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if a non - exempt employee is required to work on a Town - approved holiday, the employee is also eligible for holiday pay. - - - I I I I I - I F M -- - - - - - - - -- - - - -- -- - - -- - - - -- - -- -- - - -- - -- ATM - - WWI -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - -- - - -- Ill POLICY 3 -7 ADJUSTMENTS TO PAY BASED ON EMPLOYMENT ACTION Adiustments to employee pay may occur on the basis of em actions as set forth in this olic . 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 49 of 122 - - - - pr - - - - - -- - - I - - - - I I � AMW AW - - -- - - - - 11', - - -- - - - -- -- - - - - - - - - - - - - - - - -- - - - - - - -- - � jwi - man - - - - - - -- -- - -- - - - - -- - 1 - - - - - - -- - RIL- - - -� POLICY 3 -7 ADJUSTMENTS TO PAY BASED ON EMPLOYMENT ACTION Adiustments to employee pay may occur on the basis of em actions as set forth in this olic . 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 49 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Section 3- 7- 1 - Promotion, Demotion and Lateral Transfer A. mo ti E%)P:LnLf- LJLL o%-/ Nv ev le F-, J*L.JL L JIL L%-1 E -1 -L EumstanEle SYL&I-LaILIL t.LJLI.e.- p1riL-olmoted.. e%-.mJLLH s fate iz�f 4=1;4 ° %-%-%,L ill °a + Le-- s ' za lai ��r�e --sa r ° �r s; �r r os;t;ons.An employee may move from a position in a lower classification to a position in a higher classification where the pay grade minimum and/ or maximum is of greater value. Such movement is considered a promotion. Upon promotion, an emnlovee shall receive commensurate ay rw. ANN 'a a - �iw - - -- -- -- -- -- - -- -- All -- -- IF N �w, ILV�LMM" = LVA - -- - - -- - -- - - -- - - - - - - - - - -- - - - - - - - - Alk - - - -- - - - - -- - - - -- -- - -- - - - NM EW , IF - 0 - 1 1M . - - - - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - - -- - -- -- - - - - - - - - - - - - - - -- - - - - W - All - -- - - - -NOWN.W - -- - - - - -- - - 1 - -- M1.1 - - M - - U. -- -- - - - -- - -- -- - - I - -- - -- - -- - - - - - -- - - - - - - - - - - - - - A. mo ti E%)P:LnLf- LJLL o%-/ Nv ev le F-, J*L.JL L JIL L%-1 E -1 -L EumstanEle SYL&I-LaILIL t.LJLI.e.- p1riL-olmoted.. e%-.mJLLH s fate iz�f 4=1;4 ° %-%-%,L ill °a + Le-- s ' za lai ��r�e --sa r ° �r s; �r r os;t;ons.An employee may move from a position in a lower classification to a position in a higher classification where the pay grade minimum and/ or maximum is of greater value. Such movement is considered a promotion. Upon promotion, an emnlovee shall receive commensurate ay B. An employee may move from a position in a higher classification to a position in a lower classification tA1% t ®n T T ^l t r� i P 4- I PC-f-pa �Pr in�IJLAL%P- l�i"��liiEnwhere the pay grade minimum and/or maximum is of lesser 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 50 of 122 - - - - - - - - - - - - - - - - N OON I - - - - - - - - volo-A IEW - - -- - - - -- - - - -- -- - - -- -- -- -- -- - -- -- All -- -- IF N �w, ILV�LMM" = LVA - -- - - -- - -- - - -- Jill S IF I -- - -A 11 - - - -- -- - - - - -- -- - -- -- - - -- - -- -- - -- - - - - - -- - -- -- - -- - - - - -- -- - R W.. 01111 11 1 1 1 11111 B. An employee may move from a position in a higher classification to a position in a lower classification tA1% t ®n T T ^l t r� i P 4- I PC-f-pa �Pr in�IJLAL%P- l�i"��liiEnwhere the pay grade minimum and/or maximum is of lesser 100038093.DOCX / 21 3 - EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 50 of 122 ME MARANA �Z�/ I ll"\ TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION value. Such movement is considered a demotion. Upon demotion, an employee shall have his or her pay reduced. .. I I I - - MAN - I WWI Al a All, ra V, I I I WAR 00 11.01 WE A ON i l l 1 1 1 11 1 11 1 1 11 Ill . - .. - - - - �i T A L I1 Tom•:„ -. Q f II C. Lk l- air -air -%;AL �i fan s An employee may move from one position in one classification to a position in a different classification, or from one position to another position in the same � ��e -E�� to -moo ' classification whereby the salary minimum and maximum are equal. Such movement is considered a lateral transfer. The employee's pay shall not change in this circumstance. mil 111 1 11 Ill 1� I' I �WW 1 I • • 1 - . - - .. . . . - • . . - . . . V • N WA V • . . V 00--m 1 1111 1 NO '�V U IIIFA WAIII IIIIIIIIIIIIII[VI Jill w w I I I I V . • � � � owl Rw MAMB .- � - M Ah , 4 w 10 11111 a I ill I w W � 1 vp . . . . . 1, SON H1 • . . • . . ffi • • . . . A A . . . .. . . . . - . . • win 100038093.DOCX / 21 3 -20 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 51 of 122 .. . . . - • • .. . . - • . - - . . - . - . .. - .. . . . a • • N .. - . .. 1 111 11 1 . . . . . P. .. 11 . 1 I . - - . • • . - . . . .. . . . - - - .0. . � VW, 100038093.DOCX / 21 3 -20 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 51 of 122 ME MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3 Er�� CLASSIFICATION AND COMPENSATION - - -- - - - - �.t-'R -f�� .. .. ..- •- -- - -- - - - - -- - .. - _ _ . .. .. -. .. �.- .... - _ • - .. N o g . _ -. M.. .. W , 11111 111 111 111 1 W III W 0 L� &VIEll,%MVIN N 'W I'l I IMAM W 99 01 IN %,WD M 9 MINE �WW W A& W I I I , , I I W I m kWA W V RLMWMPIW� El W Ilill J�NW � ��l I 1 11 1 11111�11 1 1 EVAN W MLqWMRWLW�B �w�M M 111 M �W� ' • All M Ah • I - • . .. E re 11 0 410 1% - 1 0 1 11 1VI1LV9W9W1MAM _ mill • E MAIN 14 .. .. mmmm . All . . .. .. 1 . .... � WW ... . .. . . . . . . . .. Will WI� IWAVIN M lill ft �wl maw MAW m IN III M lill mil Mv� Wil �im UP IN G Will ILWM NVW VI Section 3- 7- 2 Assignments and Special Assignment Pay A. The Town may, in its sole discretion, assign employees to special assignments. The number, type and duration of any special assignments shall be determined by the Town based on operational needs and is subject to periodic review by the Town. B. If assigned, special assignments shall not be considered a right or entitlement. An employee in a special assignment has no rights to that assignment or any tasks associated with that assignment no matter the duration of the special assignment. C. Special assignments may include: 1. Working out-of-classification in a higher level classification 2. Performing additional duties outside of the scope of the employee's regular classification for a period of time, such as assuming some or all of the responsibilities of a vacant position and/or temporarily assuming the title of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities HE HE I I Will V 'AL�MUL�lL�IALW Will �111WW il M I 11 1�. WINNOV! k@ME�= ME -- - W. - al I i i . - - • D. &-Special assignment pay may be provided to employees serving in a special assignment, depending upon economic conditions and the Town's ability to pay. k �r ��; n' 100038093.DOCX / 21 3 -21 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 52 of 122 MARANA TOWN OF MARANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Section 3 -7 -3 Sie,at ^n 2 -9-7 Call -Out Pay When a non - exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater.11i�r. ^ �� r ti+n T� T�,, • 4. - %,L L %- r K l %.11 L %- 1 L {. 1 1 %- K K, V V i & %_ l %_ %1 .r r 11 t. K 1/ l ti, 11 L {iL V {. K %.'L %.i L V l iL %_ %, 1 Section 3 -7 -4 ^� ? Q-On- Call/Stand -By Assignments; � e-Ect 8—On-Call/Stand-By Pay The Town Manager may designate certain non - exempt positions as eligible to receive on -call and /or stand -by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain of authority above the level of Department Head who have such positions in their chain -of- command shall determine the length, duration and rotation of on -call or stand -by TJL-LJLL(a-: b��i# 100038093.DOCX / 21 3 -22 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 53 of 122 • �. 1 1 111 T " ' .. .... - . . . .. • .. Ah .. - .Igo - .. • • IRl 00 W �11 I , I 0 � 0 ', - • [M W I jW11K1kWA&VA�WAWftv�V1F% mm � am ft " I NWIIWW��JWIVX I MN W I �� 1 1 ��l I I I I I I 1 01 NIN! WN 011 1 • 1 m am . I I ft I I ll I I I I I I I 1!1 mn I - - • � I I'' I MAW V WNWMIll EVAN V w l�w v . . . o .. .. .. . . . . .. MUNI .. - • Section 3 -7 -3 Sie,at ^n 2 -9-7 Call -Out Pay When a non - exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater.11i�r. ^ �� r ti+n T� T�,, • 4. - %,L L %- r K l %.11 L %- 1 L {. 1 1 %- K K, V V i & %_ l %_ %1 .r r 11 t. K 1/ l ti, 11 L {iL V {. K %.'L %.i L V l iL %_ %, 1 Section 3 -7 -4 ^� ? Q-On- Call/Stand -By Assignments; � e-Ect 8—On-Call/Stand-By Pay The Town Manager may designate certain non - exempt positions as eligible to receive on -call and /or stand -by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain of authority above the level of Department Head who have such positions in their chain -of- command shall determine the length, duration and rotation of on -call or stand -by TJL-LJLL(a-: b��i# 100038093.DOCX / 21 3 -22 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 53 of 122 . .... - .. �. 1 1 111 T " ' .. .... .. I NIN. - ''1 .... .. .. .. Ill . .. .. -- - .. .. .. - �.Wffim . . .. .... . .. .. • I A I • Section 3 -7 -3 Sie,at ^n 2 -9-7 Call -Out Pay When a non - exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater.11i�r. ^ �� r ti+n T� T�,, • 4. - %,L L %- r K l %.11 L %- 1 L {. 1 1 %- K K, V V i & %_ l %_ %1 .r r 11 t. K 1/ l ti, 11 L {iL V {. K %.'L %.i L V l iL %_ %, 1 Section 3 -7 -4 ^� ? Q-On- Call/Stand -By Assignments; � e-Ect 8—On-Call/Stand-By Pay The Town Manager may designate certain non - exempt positions as eligible to receive on -call and /or stand -by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain of authority above the level of Department Head who have such positions in their chain -of- command shall determine the length, duration and rotation of on -call or stand -by TJL-LJLL(a-: b��i# 100038093.DOCX / 21 3 -22 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 53 of 122 ME MARANA �Z�/ I III'\ TOWN OF MARIANA CHAPTER 3. Er�� CLASSIFICATION AND COMPENSATION Section 3 -7 -5 !Sent ^n 2 -9 -a Shift Differential Pay ::% ijijiaij P_ ��S- �' �52� '}�$�t'1�- �;FF,,,.,,,- .+:.,1 i .. � .,ll c �xr v- ic� �4a�agef The Town Manager v designate certain non - exempt positions as eli ibl�e to receive shift differential pay based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town s market for the purposes of surveying pay and benefits. POLICY 3 -8 CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that an emergency occurs during non - working hours, Department Heads or those in the chain of authority above the level of Department Head will be responsible for notifying the affected employees. - - -- - -- - - - - -- - - -- - -- -- - -- - - POLICY 3 -9 1201 v 1G- �1 VEHICLE ALLOWANCE/TAKE -HOME VEHICLES III The Town Manager may authorize a monthly vehicle allowance or the use of a Town take -home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take -home vehicle. Section 3 -9 -1 3. 1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take -home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. 100038093.DOCX / 21 3 -23 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 54 of 122 Mold MARANA TOWN OF MAMNA CHAPTER 3. Cr�� CLASSIFICATION AND COMPENSATION B. The Town Manager may authorize the use of a Town take -home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take -home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3 -9 -2 Seca ^u 34 1 414 1 - Classified Employees The Town Manager may authorize the use of a Town take -home vehicle for a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take -home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3 -9 -3 Sueedt ^n 3 2 4 1 4 1 - 3- Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council - approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take -home vehicle and may not request mileage reimbursement for local travel within a one -way direction of 25 miles from the employee's regular work location. Section 3 -9 -4 2 1-IL-4—Take-Home Vehicles A Town employee who is authorized the use of a Town take -home vehicle may not receive a vehicle allowance during the same time period. POLICY 3 -10 31 AND INTERVIEW EXPENSES Section 3 -10 -1 1-2-1 Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one -time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. 100038093.DOCX / 21 3 -24 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 55 of 122 ME rnm MARANA �Z�/ I � TOWN OF MARANA CHAPTER 3. Cr A VT-L� CLASSIFICATION AND COMPENSATION C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 12 -month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3 -10 -2 S°^ti ^n 2 -1-1-2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. - - -- - - -- - - - - - -- - -- - - -- - • . - - - - - -- -- -- - . 1111 . 1, W I M 11 111 11 1 ii lm - . .- - - - . I - -. 1/ - -- -• - - •- - - - LWA m 0 11l ass - -- - • K N O W - . - • 100038093.DOCX / 21 3 -25 EXHIBIT A Regular Council Meeting - July 1, 2014 - Page 56 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT POLICY 6 -1 MANAGEMENT The Towri s performance management program relies on a system of establishing a0als, strategies and performance benchmarks for the organization and then identifyin how individual and team efforts contribute to the overall achievement of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his or her compensation. The Town Manager is responsible for establishing a systematic process for the Ongoing evaluation of organizational and employee performance. At a minimum, this system will link to Town -wide goals and strategies, set appropriate expectations, share on!aoin!a and timely feedback, provide opportunities for coaching and distinguish between levels Of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system. Section 6 -1 -1 Initial Evaluation Period The initial evaluation period is a period of time constituting the final step in the screening process for appointment to a regular full- or part -time classified position. Employees shall be evaluated at least once during their initial evaluation period; however, managers and supervisors are encouraged to evaluate employees more often to provide ongoing feedback. A. Except for employees in the Police Department as otherwise provided in this section, all full- and part -time employees hired in a classified position, laterally transferred to a classified position in a different classification title or in a different department than the employee was in prior to transfer or demoted or promoted from one classified position to another shall serve in an initial evaluation period for six months from the date of hire transfer, demotion Or promotion. However, an employee laterally transferred or demoted will not be required to complete an initial evaluation period in the new position if the employee has previously completed an initial evaluation period in the same classification and in the same department. B. All full- and part -time employees hired in a classified position in the Police Department, laterally transferred within the Police Department to a classified position in a different classification title than the employee occupied prior to transfer or demoted or promoted from one classified position in the Police Department to another, shall serve in an initial evaluation period for 12 to 16 months from the date of hire, transfer, demotion or promotion as provided in this section, except that a demoted employee will not be required to complete an initial evaluation in the new position if the employee has 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 57 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT previously completed an initial evaluation period in the same classification within the Police Department. 1. Newly hired civilian employees, laterally transferred civilian and Arizona Peace Officer Standards and Training (AZPOST) - certified employees and promoted civilian and AZPOST- certified employees in classified positions in the Police Department shall serve in an initial evaluation period for 12 months from the date of hire, transfer or promotion. Demoted civilian and AZPOST- certified employees in classified positions in the Police Department who are required to serve in an initial evaluation period shall serve in an initial evaluation period for 12 months from the date of demotion. 2. Newly hired employees who will begin their employment with the Town by attending a police academy shall serve in an initial evaluation period for 16 months from the date of hire. C. Notwithstanding the provisions of this section, an employee who is demoted, promoted or transferred due to a reclassification of a position and who has been perf ormin duties of the reclassified position for six months or longer prior to the reclassification, will not be required to complete an initial evaluation period in the reclassified position. D. Employees who are required to complete an initial evaluation period pursuant to this section will not be considered finally appointed to a full- or part -time classified position until successful completion of the initial evaluation period. Successful completion of the initial evaluation period is evidenced by a satisfactory or higher rating on a performance appraisal document which must be completed and reviewed at least one week prior to the date that the employee's initial evaluation period is scheduled to conclude. Notwithstanding the one -week time frame discussed in this paragraph, managers and supervisors shall review and discuss performance deficiencies with employees as soon as possible to allow the employee the opportunity to correct the deficiencies prior to the completion of the initial evaluation period. Employees serving in an initial evaluation period of 16 months shall be evaluated at least two times during the initial evaluation period, once at 12 months and once at the scheduled conclusion of the initial evaluation period. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads or the chain of authority above the level of Department Head, where applicable, are responsible for ensuring that training, informal feedback about performance, and formal performance appraisals are completed in a timely manner during the initial evaluation period. E. Employees serving in an initial evaluation period are at -will employees as defined in these Personnel Policies and Procedures. As such, durina the initial evaluation period, 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 58 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head or the chain of authority above the level of Department Head, where applicable, after consultation with and approval by the Human Resources Director. The employee must be notified in writing that he or she has failed to successfully complete the initial evaluation period prior to the conclusion of the initial evaluation period. If the employee is not notified of unsuccessful completion prior to the conclusion of the initial evaluation period, the employee will be considered to have successfully completed the initial evaluation period. The decision to terminate employment during the initial evaluation period is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures F. Notwithstanding that an employee serving an initial evaluation period as a lateral transfer or due to a promotion is an at -will employee, the employee who does not successfully complete the initial evaluation period in a transfer or promotion may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the transfer or promotion had not occurred, except that any compensatory time that was paid out to an employee who transferred or promoted into an exempt position will not be restored if the employee returns to a non - exempt position. Section 6 -1 -2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head or the chain of authority above the level of Department Head, where applicable, and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months. The initial evaluation period may be extended under, but not limited to, the followina circumstances. A. The em lovee has had a leave of absence durin the initial evaluation eriod that exceeds 15 calendar days. 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 59 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. C. Supervisor continuity is interrupted during the initial evaluation period. D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's Perf ormance. Section 6 -1 -3 Performance Management Process A. Classified employees who have completed the initial evaluation period shall receive a formal performance appraisal document once per year. This appraisal shall be for the P erformance period coverin the prior fiscal year, beginning on July 1 and endin on J une 30. B. Department Heads or the chain of authority above the level of Department Head, where applicable, and supervisors shall recommend an appropriate = performance appraisal rating based on the Town's pay for performance guidelines. C. Opportunities for adjustments to pay based on Performance are established by the Town Council each year as part of the annual budget process. The amount of funds available for ii2erfo rmance based increases is subject to economic conditions and the Town's ability to a . D. If an employee disagrees with his or her performance appraisal document, the employee may request a meeting to discuss the appraisal with the Department Head within three working days of the employee's receipt of the Performance appraisal document. If the Department Head prepared the employee's per ormance appraisal document, the employee may request a meeting with the appropriate person in the chain of authority above the level of Department Head within the three -day time period. After the meeting, if the employee continues to disagree with the performance appraisal document, the employee may submit a written rebuttal which will be filed in the employee's personnel file in the Human Resources Department. Performance appraisals are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. E. The final employee performance evaluation and the employee's written rebuttal, if any shall become a permanent part of the employee's official personnel file and will remain filed for the length of time required bylaw. 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 60 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT POLICY 6 -2 EDUCATION ASSISTANCE The Town of Marana may provide education assistance in the form of tuition reimbursement to eligible employees. Section 6- 2- 1 The Town of Marana recognizes that the skills and knowledge of its employees are critical to the success of the organization. The education assistance program encourages personal development through formal education so that employees can maintain and improve job- related skills or enhance their ability to compete for reasonably attainable jobs within the Town. Section 6 -2 -2 �eEt i ^n 6 -I 42—Budget Appropriation and Capacity A. The education assistance program is subject to any limitations imposed by the Town's budget appropriations and capacity and the availability of funds. If the Town Council is unable to appropriate sufficient funds for the program, the Town shall be under no obligation to provide tuition reimbursement to employees. B. Available funds shall be disbursed to eligible employees on a first -come, first - served basis for any given fiscal year. Once available funds in a fiscal year are expended, no further reimbursement to employees will occur. Section 6- 2- 3 6 1 2 Reimbursement A. Employees approved for participation in the education assistance program shall receive reimbursement from the Town for 75 percent of approved tuition costs, as defined by this Policy. The employee shall be responsible for any remaining balances. B. The maximum assistance available to any one employee is $5,000 per fiscal year. C. The employee shall be responsible for all other expenses, including, but not limited to, books, supplies, parking, and application and registration fees. Section 6 -2 -4 G I '' Eligibility for Participation A. All regular full -time employees with satisfactory work and attendance records who have successfully completed the initial evaluation period are eligible to participate in the education assistance program. B. Employees who receive grants, scholarships, or veteran's benefits that cover tuition costs are eligible to participate, but the Town will only reimburse the employee for those tuition costs that are not covered by these external funds. 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 61 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT C. Only courses that begin after a new employee's initial evaluation period ends will be eligible for reimbursement. D. Employees participating in the program must earn a grade of "C" or higher in graded courses or a grade of "pass" in pass/fail courses in order to remain eligible. Employees shall provide proof of satisfactory grades in the form of an original grade report or transcript to the Human Resources Department within 45 calendar days of the completion of each course. Section 6- 2- 5 ° ^� ^� 4-1 -� Criteria for Approval A. All courses shall be directly related either to the employee's present job or to a position within the Town to which the employee could logically progress in the future or a part of a planned program leading to an undergraduate or graduate degree in a field that has applicability to Town business (e.g., accounting, engineering, criminal justice). B. All courses shall be taken on the employee's own time, during off duty hours. C. All courses shall be taken at accredited colleges, universities or community colleges or at Town - approved vocational and trade schools. Section 6 -2 -6 �°^t °n 6 I 6--Application and Reimbursement Procedures A. Employees shall complete a tuition reimbursement application, available through the Human Resources Department, before registering for any courses. B. All applications must have the prior approval of the employee's Department Head, as indicated by the Department Head's signature on the application. C. Applications shall be reviewed and approved or disapproved by the Human Resources Director or designee and the Town Manager or designee. Employees shall not be reimbursed for any courses enrolled in prior to receiving written confirmation of approval from the Town Manager or designee. D. If the application is approved, employees must submit a completed request for reimbursement, along with proof of satisfactory grade (s), within 45 calendar days of the completion of each course. Failure to submit the completed request as required within the time limit shall result in disqualification for tuition assistance. E. Requests for reimbursement shall be reviewed by the Human Resources Director and then routed to the Town Manager or designee. Upon final approval of the request for reimbursement by the Town Manager or designee, reimbursement shall be distributed to the employee. 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 62 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT F. The approval of an employee's participation in the education assistance program is not a guarantee that the employee will receive reimbursement. Reimbursement is based upon the employee's continued satisfactory work performance. Section 6 -2 -7 Smeedt ^n 16-1-4—Termination of Employment A. Employees participating in the education assistance program who separate from Town employment for any reason within 12 months of receiving reimbursement shall be required to repay the Town the full amount of the reimbursement. B. The amount of repayment to the Town shall be withheld from the employee's final paycheck. C. If the amount of the employee's final paycheck is not sufficient to cover the cost of repayment to the Town, the employee shall be required to reimburse the Town for the amount due at the time of termination. POLICY 6 -3 nnT rr,v 6 . - 21 TOWN- SPONSORED AND REQUIRED TRAINING It is the policy of the Town to encourage and coordinate training opportunities for employees and supervisors to enhance the efficiency and effectiveness of Town services. " Section 6 -3 -1 Definition For purposes of this policy, "training" is defined as any work - related seminar, conference, convention or workshop attended by an employee when registration and expenses are funded in whole or in part by the Town; Section 6 -3 -2 G ' 1--Procedures A. The employee's Department Head must approve attendance at training programs within the state prior to registration by the employee. B. The Town Manager or designee must approve attendance at training programs out -of -state prior to registration by the employee. C. Town - sponsored and required training shall generally be arranged during regularly scheduled work hours. A Department Head may change the standard work hours of an employee to accommodate or require attendance at training activities. Required training shall be considered hours worked. D. Employees who acquire training on their own time and expense are encouraged to notify the Human Resources Department so the information can be noted in the employee's 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 63 of 122 M TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT personnel file. A copy of any certificates awarded should be forwarded for inclusion in the employee's personnel file. E. The Human Resources Department shall maintain an employee training history and shall periodically audit training attendance and policy compliance. POLICY 6 -4 nnI Ir 6. -2 SPECIAL LICENSES AND MEMBERSHIP FEES Membership in outside organizations shall be in the name of the Town, if possible. Section 6- 4- 1 As a Condition of Employment A. The Town will pay the current annual dues or fees for each employee who is required to be a member of a professional organization or who must maintain current a particular certification or license as a condition of employment. B. The employee must present a dues statement or other verification of the amount due to his or her Department Head. Payment will be made upon approval by the Department Head. C. Whenever possible, the Town will pay the dues or fees directly to the professional organization or licensing agency on behalf of the employee. If the Town cannot pay the dues or fees directly to the professional organization, the Town will make a lump sum payment to the employee in the amount of the current annual dues or fees. Section 6 -4 -2 S^^440 G?' As a Condition of Professional Growth A. Employees who belong to professional organizations that are not required as a condition of employment, but that promote individual professional growth, competence and effectiveness in functioning as Town employees are encouraged to attend local, state and national meetings subject to approval by the Department Head and budgetary limitations. B. Payment of dues and fees for these non - mandated organizations is the responsibility of the individual employee unless approved for Town payment by the Town Manager. 100038185.DOCX i 21 EXHIBIT B Regular Council Meeting - July 1, 2014 - Page 64 of 122 EXHIBIT C INTRODUCTION TO PERSONNEL POLICIES AND PROCEDURES _ - _ _ . - -- - - - - - - - -- Section 1 Purpose A. These policies were developed to provide: 1. A written set of guidelines for human resources decisions; 2. A means of communication with employees, supervisors and directors; 3. A framework for consistency and fairness in recruitment, selection, placement, promotion, retention and separation of Town employees based upon employees' qualifications for a position; 4. A way to promote the Town's philosophy; 5. A tool to assist managers in the development of sound management practices and procedures; and 6. A means of protecting the legal interests of the Town in compliance with federal and state laws. Section 2 Scope A. These policies and procedures apply to all employees of the Town of Marana except where specifically stated otherwise in the Town Code, in these Versonnel policies, or in the case of the Town Manager and Town Magistrate, in an employment agreement. These policies and procedures do not ariply to non - employee positions as defined in the Town Code, including elected officials; members of #ke boards, committees, and commissions; persons engaged by the town on a contractual basis ee ntiraet te-s r semi ; volunteer personnel TA L-7 r�i V e ner� nsz�i0n�rlr n ; and other personnel whom the Council may designate. B. In the event of conflict between these policies and procedures and tr e T,,T.. �r�r��r�ns �' +� �� s state local or federal law, the terms and conditions of the rnnc�, state local or federal law shall prevail. Section 3 Amendments A. Amendments aFrRA :F ^TT'�i to these policies may be proposed to the Town Council through the Town Manager or Human Resources Director The Council may, at its sole discretion by ordinance and/or resolution, , amend or repeal these policies at anytime, with or without notice. Amendments %aFrRA:F ^TT' s to these policies become effective upon their adoption by the Town Council or as otherwise designated by the Town Council 100037545.DOCX /} Regular Council Meeting - July 1, 2014 - Page 65 of 122 EXHIBIT C B. Amendments to these personnel policies may be adopted by a majority vote of the Town Council at any public meeting of the Council �At�he� -R�c_ �Tr�r��r � T T� �,,,,,r � nts --a.AL %- ' . Amendments an iJ vc- � -s may be proposed and _ adopted on the consent agenda. Section 4 Personnel Policy Administration Administration of the personnel policies is the responsibility of the Human Resources Director. Section 5 Disclaimer None of these provisions shall be deemed to create a vested contractual right for any employee nor to limit the power of the Town Manager or Council to repeal or modify these rules. The policies are not to be interpreted as promises of specific treatment. Revised: A4� , A QQQ July 1, 2014 100037545.DOCX /} Regular Council Meeting - July 1, 2014 - Page 66 of 122 TOWN OF MARANA REVISED PERSONNEL POLICIES AND PROCEDURES Table of Contents CHAPTER 3. CLASSIFICATION AND COMPENSATION Policy3 -1 Position Status ............................................................................................................. ..............................1 Section3 -1 -1 Definitions .......................................................................................................... ..............................1 Section3 -1 -2 Classified Positions ........................................................................................... ..............................1 Section 3 -1 -3 Unclassified Positions ....................................................................................... ..............................1 Section 3 -1 -4 Temporary Positions ......................................................................................... ..............................1 Policy3 -2 Classification Plan ...................................................................................................... ..............................2 Section3 -2 -1 Purpose ............................................................................................................... ..............................2 Section3 -2 -2 Plan Amendment .............................................................................................. ..............................2 Section 3 -2 -3 Position Classification ...................................................................................... ..............................2 Section 3 -2 -4 Position Classification Review ........................................................................ ..............................3 Section3 -2 -5 No Right of Appeal ........................................................................................... ..............................3 Policy3 -3 Compensation Plan .................................................................................................... ..............................3 Section 3 -3 -1 Total Compensation Philosophy ..................................................................... ..............................4 Section 3 -3 -2 Pay Adjustments Based on Market Movement and Performance .............. ..............................4 Section3 -3 -3 Compensation Funding .................................................................................... ..............................5 Section3 -3 -4 No Right of Appeal ........................................................................................... ..............................5 Policy -4 Payroll Procedures ..................................................................................................... ..............................5 Section 3 -4 -1 Time Sheets and Payroll Records .................................................................... ..............................5 Section -4 -2 Pay Checks ......................................................................................................... ..............................6 Section -4 -3 Payroll Deductions ........................................................................................... ............................... 6 Section3 -4 -4 Pay Advances .................................................................................................... ..............................6 Section3 -4 -5 Payroll Errors ..................................................................................................... ..............................7 Policy -5 Wages and Hours ....................................................................................................... ..............................7 Section3 -5 -1 Work Week ......................................................................................................... ..............................7 Section 3 -5 -2 Overtime Eligibility .......................................................................................... ..............................8 Section 3 -5 -3 Overtime and Compensatory Time ................................................................ ..............................8 Section3 -5 -4 Exempt Employees ............................................................................................ ..............................8 Policy3 -6 Holiday Pay ................................................................................................................. ..............................9 Policy 3 -7 Adjustments to Pay Based on Employment Action ............................................... ..............................9 Section 3 -7 -1 Promotion, Demotion and Lateral Transfer .................................................. ..............................9 Section 3 -7 -2 Special Assignments and Special Assignment Pay ...................................... ..............................9 Section3 -7 -3 Call -Out Pay ...................................................................................................... .............................10 Section 3 -7 -4 On-Call/Stand-By Assignments and Pay ..................................................... .............................10 Section 3 -7 -5 Shift Differential Pay ........................................................................................ .............................10 Policy3 -8 Emergency Closures .................................................................................................. .............................10 Policy 3 -9 Vehicle Allowance/ Take -Home Vehicles .............................................................. .............................11 Section 3 -9 -1 Unclassified Employees .................................................................................. .............................11 Section 3 -9 -2 Classified Employees ....................................................................................... .............................11 Section3 -9 -3 Vehicle Allowance ............................................................................................ .............................11 100037844.DOC / 31 Regular Council Meeting - July 1, 2014 - Page 67 of 122 Section3 -9 -4 Take -Home Vehicles ........................................................................................ .............................11 Policy 3 -10 Relocation and Interview Expenses ...................................................................... .............................12 Section 3 -10 -1 Relocation Expenses ....................................................................................... .............................12 Section 3 -10 -2 Interview Expenses ........................................................................................ .............................12 100037844.DOC / 31 Regular Council Meeting - July 1, 2014 - Page 68 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION POLICY 3 -1 POSITION STATUS All positions in the Town of Marana are categorized as classified, unclassified, or temporary positions. Section 3 -1 -1 Definitions The following definitions shall apply whenever these terms are used throughout these Personnel Policies and Procedures. A. At -will: Employment that may be terminated upon the will of the employer or employee at any time with or without cause. B. Full -time: A position for which the normal work schedule is at least 40 hours per week. C. Part -time: A position for which the normal work schedule is less than 40 hours per week. D. Probationary employee: A classified employee serving in an initial evaluation period. E. Regular employee: A classified or unclassified employee hired for an indefinite period in a budgeted position Section 3 -1 -2 Classified Positions A. All positions not specifically identified in the salary schedule implemented by the Town Manager as unclassified or temporary positions are classified positions. B. Notwithstanding paragraph A above, an employee may be hired in a classified position, but on a temporary basis. When this occurs, the employee will be considered to be in a temporary position, and will be subject to the policies, rules, and regulations governing temporary positions. Section 3 -1 -3 Unclassified Positions All town officers, as defined in the Town Code, are in unclassified positions. Any other unclassified positions shall be identified as such in the salary schedule implemented by the Town Manager. Employees in unclassified positions are at -will employees. Section 3 -1 -4 Temporary Positions This category of employment is comprised of term - limited temporary positions and short -term temporary positions, as defined below. Employees in temporary positions are at -will employees. 100037844.DOC / 31 3 -1 Regular Council Meeting - July 1, 2014 - Page 69 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION A. Term - limited temporary positions are positions with work related to a specific grant, project, or other non - routine significant or substantial body of work, for a term of six to 36 months. B. Short -term temporary positions are positions used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. Employees in short -term temporary positions shall work for a time period that does not exceed six months or 1040 hours in a rolling 12 -month period. POLICY 3 -2 CLASSIFICATION PLAN The Town Manager shall ensure the preparation, development and maintenance of a classification plan consisting of descriptions of positions defined by essential duties, qualifications, knowledge, skills and abilities characteristic of the positions. Section 3 -2 -1 Purpose The classification plan shall be developed and maintained so that all positions substantially similar with respect to duties, responsibilities, authority and character of work are similarly classified, and positions substantially different in scope and complexity are appropriately classified. Section 3 -2 -2 Plan Amendment All amendments to the classification plan, including classification title changes, abolitions of obsolete classifications, and the creation of new classifications, require the approval of the Town Manager. Section 3 -2 -3 Position Classification A. Position classifications shall be maintained by the Human Resources Department for all positions. B. Position classifications are descriptive only and are not restrictive in nature. The omission of specific duties from a position classification does not exclude those duties from the position if the work is related or a logical assignment to the position. Supervisors may assign different tasks to a position within a classification when the duties are similar in type and responsibility to those described in the classification description. C. The classification description does not constitute an employment agreement between the Town and employee and is subject to change as the needs of the Town and the requirements of the job change. 100037844.DOC / 31 3 -2 Regular Council Meeting - July 1, 2014 - Page 70 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION D. When the duties or responsibilities of a position have changed significantly, the Town Manager will ensure that the position is reclassified accordingly. Section 3 -2 -4 Position Classification Review Whenever a reorganization, change in job content or Town Council action causes the duties of a position to change or creates the need for a new classification, or a position otherwise appears to have been incorrectly classified, the Town Manager may reclassify the position to a more appropriate classification. A. The Town Manager, in consultation with the Human Resources Director, shall establish the process for review of a specific position classification and for review of the classification plan as a whole. B. If there has been a significant change or a gradual accretion of duties and responsibilities over the period of one year, a Department Head or the chain of authority above the level of Department Head may submit a written request to the Human Resources Department to determine if a review of the position is warranted. Such review shall require the completion of a position description questionnaire. C. When there is any substantial change, addition, or deletion to the duties assigned to a position, the Department Head or the chain of authority above the level of Department Head, where applicable, will provide a completed position description questionnaire to the Human Resources Department. D. Implementation of a reclassification and any related pay change shall be prospective and is effective when the classification is approved by the Town Manager. Any pay increase, if applicable, shall be subject to the limits on pay increases that govern pay upon promotion. Section 3 -2 -5 No Right of Appeal The establishment of a classification plan and position classifications, allocation of classifications to a specific salary grade, position classification review decisions, and changes or adjustments to the classification plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. POLICY 3 -3 COMPENSATION PLAN The Town of Marana is committed to providing a fair, balanced, and highly competitive compensation package for its employees. In alignment with the Strategic Plan, the Town's goal is to recruit and retain high - performing employees who develop innovative approaches to 100037844.DOC / 31 3 -3 Regular Council Meeting - July 1, 2014 - Page 71 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION serving citizens and community partners. The total compensation system will be one that is simple and easy to understand, and can be clearly communicated to employees. Section 3 -3 -1 Total Compensation Philosophy The Town is a steward of community resources. As such, total compensation should take into consideration the Towri s ability to pay. The Town will focus on: A. Monitoring and maintaining the compensation system to provide the flexibility needed to respond to changing conditions in the organization. B. Clearly communicating the benefits of our employees' total compensation. Total compensation is defined as: 1. Base pay, which is comprised of wages and salaries 2. Benefits, including but not limited to, health /life insurance, pension plans/ retirement plans, Workers' Compensation, and paid leave 3. Incentives, performance -based pay, and other supplemental pay and allowances C. Offering base pay that is competitive within our defined market and balances the external market with internal equity. D. Providing employee benefits in areas such as health insurance, retirement, and paid leave that offer flexible options for meeting our employees' needs within our fiscal constraints. E. Recognizing and providing incentives for employee creativity and innovation that benefit the public through improved efficiencies, productivity, and commitment to service excellence. F. Providing support, such as training opportunities and career development to our employees in their efforts to attain new skills, achieve organizational goals, and enhance their professional growth. Section 3 -3 -2 Pay Adjustments Based on Market Movement and Performance A. The Human Resources Department will conduct an annual survey in the region regarding market adjustments and performance -based pay and may recommend pay adjustments based upon that survey. 1. If the salary schedule is adjusted due to market movement, employees will receive salary increases equal to the structure adjustment in order to remain at their relative position within the pay range. 100037844.DOC / 31 3 -4 Regular Council Meeting - July 1, 2014 - Page 72 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION 2. If performance -based increases are granted, such increases will be the basis upon which employees move through the pay grade. B. Any adjustments to the salary schedule or employee pay are subject to budget capacity and authority. Section 3 -3 -3 Compensation Funding Within available resources, the Town will consider funding individual components of the compensation plan each year during its annual budget process, working to establish a highly competitive total compensation package for employees. Section 3 -3 -4 No Right of Appeal The establishment of a compensation plan, including salary schedules, allocation of classifications to a specific salary grade, assignment of pay to an employee and changes or adjustments to the compensation plan, are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures, unless a change in pay is the result of a disciplinary action that is subject to the personnel action review procedures. POLICY 3 -4 PAYROLL PROCEDURES Regular Town employees are paid biweekly. If a pay date falls on a holiday, the day of pay shall be the last working day preceding the normal pay date. There are 26 pay periods in the calendar year. Section 3 -4 -1 Time Sheets and Payroll Records A. All non - exempt employees shall complete time sheets documenting the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall sign the time sheet verifying the employee's hours worked and leave taken. If the employee used any leave time during the pay period, a leave authorization request shall be attached to the time sheet. The employee's department payroll liaison shall submit the time sheet to the Finance Department by the deadline established by Finance for each pay period. B. All exempt employees shall complete an attendance record which documents leave taken each pay period. The attendance record shall be signed by the employee's direct supervisor verifying any leave taken. Leave authorization requests shall also be signed by the exempt employee's supervisor and retained by the employee until the pay period in which the leave is taken. Leave authorization requests shall be attached to the 100037844.DOC / 31 3 -5 Regular Council Meeting - July 1, 2014 - Page 73 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION attendance record and submitted to the Finance Department by the deadline established by Finance for each pay period. C. Payroll records shall be maintained by the Town in accordance with the Town's records retention schedule. D. The Finance Department is responsible for answering inquiries concerning payroll matters. The Finance Department and the Human Resources Department will work collaboratively to resolve pay inquiries in an expeditious manner. E. Falsification of time sheets, attendance records or leave authorization requests is grounds for disciplinary action, up to and including termination Section 3 -4 -2 Pay Checks A. Checks are distributed by the Finance Department to each department by noon on the Friday following the close of the pay period, unless that day is a Town - recognized holiday. If the distribution date falls on a Town - recognized holiday, the Finance Department shall select and coordinate an alternate distribution date. B. With each pay check, employees receive a statement of earnings, deductions, leave balances and compensatory time balance for the period covered by the payment. C. In the absence of direct deposit, checks for those who are on leave on the regular pay date will be held by the Finance Department until the employee returns to work. D. An employee's pay check may be released to the employee's spouse, designated family member or to another person only if authorized in writing and in advance by the employee. E. Employees are expected to cash their pay checks on their personal time. Section 3 -4 -3 Payroll Deductions A. Mandatory deductions required by law shall be withheld from all employees' paychecks each pay period. These include, but are not limited to, state - mandated retirement contributions, federal income tax, state income tax, Social Security and Medicare (FICA) and any legal wage garnishment. B. Voluntary deductions require an employee's written authorization. Examples include, but are not limited to, direct deposit, deferred compensation, United Way contributions, dependent health insurance coverage and supplemental health insurance. Section 3 -4 -4 Pay Advances The Town of Marana does not grant requests for pay in advance of the regular pay day. 100037844.DOC / 31 3 -6 Regular Council Meeting - July 1, 2014 - Page 74 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION Section 3 -4 -5 Payroll Errors Occasionally, a payroll error will occur regarding an employee's wages. If an employee becomes aware of a payroll error, either an overpayment or an underpayment of wages, the employee shall provide written notice to the employee's supervisor and to the Finance Director or designee as soon as the employee becomes aware of the error. Likewise, the Finance Director or designee shall provide written notice to an employee of a payroll error as soon as the Finance Department becomes aware of the error. Once an error has been discovered, the Finance Department will initiate a correction as follows: A. If the employee has been underpaid due to an error made by the Finance Department, the Finance Department will run a special payroll as soon as practical. B. If the employee has been underpaid due to an error made by the employee or the department payroll liaison, the Finance Department will make the appropriate adjustment in pay at the next regular pay cycle. C. If the employee has been overpaid due to an error made by the employee, the department payroll liaison or the Finance Department, the employee will be required to reimburse the Town for the overpayment. The Finance Department will make every effort to establish a repayment schedule that meets the Finance Department's responsibility to recoup public funds in a timely manner and incorporates consideration for the employee's ability to repay. POLICY 3 -5 WAGES AND HOURS Section 3 -5 -1 Work Week A. The work week will generally consist of five days within a 40 hour week or as determined otherwise by the Town Manager. The Town Manager may establish alternative or flexible work schedules, but at no time shall those schedules interfere with the normal operations of the Town government. B. A work week generally begins every Saturday at 12:01 A.M. and ends the following Friday at 12:00 midnight. C. The Town Manager or the Department Head may stagger, rearrange and adjust the work hours of employees to enable the Town to keep offices open at all times required. D. A supervisor may require any employee to temporarily perform service in excess of 40 hours in a five day week when necessary to maintain Town operations. When such work is required, the overtime and compensatory time provisions in these Personnel Policies and Procedures, Town administrative directives, and state and federal law shall apply. 100037844.DOC / 31 3 -7 Regular Council Meeting - July 1, 2014 - Page 75 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION Section 3 -5 -2 Overtime Eligibility A. As part of the classification plan, the Human Resources Director shall evaluate the body of work for a position classification and determine if employees in that position classification are subject to the provisions of the Fair Labor Standards Act (FLSA). B. Position classifications shall either be exempt or non - exempt from the provisions of the FLSA, as defined in state and federal law. C. The Human Resources Director shall employ all evaluation techniques and methods prescribed by the FLSA for determining the overtime status of a position classification. The Human Resources Director is responsible for continually reviewing and updating the FLSA status of position classifications. Section 3 -5 -3 Overtime and Compensatory Time A. It is the Town's policy to avoid the necessity of overtime whenever possible, but overtime work may be necessary to handle emergency situations and to meet seasonal or peak workload requirements of a critical nature. B. Department Heads are responsible for the planning required to minimize the need for overtime. C. Overtime and compensatory provisions apply only to non - exempt employees. D. Nothing in this policy shall be construed to contravene the provisions of the Fair Labor Standards Act (FLSA). Section 3 -5 -4 Exempt Employees A. The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the provisions of the FLSA. FLSA exempt employees are expected to work the hours necessary to satisfactorily perform their jobs. FLSA exempt employees may be required to work a specified schedule set by their supervisor. B. The Town prohibits any deductions from FLSA exempt employees' pay that are improper under the FLSA. If an FLSA exempt employee believes that an improper deduction has been made to his or her salary, the employee should immediately report this information to his or her direct supervisor, the Department Head or to the Human Resources Director. The Town will promptly investigate reports of improper deductions. If the Town determines that an improper deduction has occurred, the Town will promptly reimburse the employee for the improper deduction. 100037844.DOC / 31 3 -8 Regular Council Meeting - July 1, 2014 - Page 76 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION POLICY 3 -6 HOLIDAY PAY It is the policy of the Town to grant paid time off to eligible employees on the Town Council- approved holidays listed in Chapter 4 of these Personnel Policies and Procedures. However, if a non - exempt employee is required to work on a Town - approved holiday, the employee is also eligible for holiday pay. POLICY 3 -7 ADJUSTMENTS TO PAY BASED ON EMPLOYMENT ACTION Adjustments to employee pay may occur on the basis of employment actions as set forth in this policy. Section 3 -7 -1 Promotion, Demotion and Lateral Transfer A. An employee may move from a position in a lower classification to a position in a higher classification where the pay grade minimum and /or maximum is of greater value. Such movement is considered a promotion. Upon promotion, an employee shall receive commensurate pay. B. An employee may move from a position in a higher classification to a position in a lower classification where the pay grade minimum and /or maximum is of lesser value. Such movement is considered a demotion. Upon demotion, an employee shall have his or her pay reduced. C. An employee may move from one position in one classification to a position in a different classification, or from one position to another position in the same classification whereby the salary minimum and maximum are equal. Such movement is considered a lateral transfer. The employee's pay shall not change in this circumstance. Section 3 -7 -2 Special Assignments and Special Assignment Pay A. The Town may, in its sole discretion, assign employees to special assignments. The number, type and duration of any special assignments shall be determined by the Town based on operational needs and is subject to periodic review by the Town. B. If assigned, special assignments shall not be considered a right or entitlement. An employee in a special assignment has no rights to that assignment or any tasks associated with that assignment no matter the duration of the special assignment. C. Special assignments may include: 1. Working out-of-classification in a higher level classification 100037844.DOC / 31 3 -9 Regular Council Meeting - July 1, 2014 - Page 77 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION 2. Performing additional duties outside of the scope of the employee's regular classification for a period of time, such as assuming some or all of the responsibilities of a vacant position and /or temporarily assuming the title of a vacant position 3. Serving in a lead or supervisory role when the employee's regular position does not require lead or supervisory responsibilities D. Special assignment pay may be provided to employees serving in a special assignment, depending upon economic conditions and the Town's ability to pay. Section 3 -7 -3 Call -Out Pay When a non - exempt employee is called back to regular duty more than one hour after leaving Town facilities at a time other than the employee's regular assigned shift to perform unscheduled duties which are in excess of the employee's regular hours of work, the employee will receive a minimum of two hours pay each time called out, or the actual time worked, whichever is greater. Section 3 -7-4 On- Call/Stand -By Assignments and Pay The Town Manager may designate certain non - exempt positions as eligible to receive on -call and/ or stand -by pay based on the need for 24 hours per day, 7 days per week coverage and emergency response requirements. Department Heads or those in the chain of authority above the level of Department Head who have such positions in their chain -of- command shall determine the length, duration and rotation of on -call or stand -by assignments. Section 3 -7 -5 Shift Differential Pay The Town Manager may designate certain non - exempt positions as eligible to receive shift differential pay based on budget capacity with consideration given to the shift differential rates paid in other jurisdictions that make up the Town's market for the purposes of surveying pay and benefits. POLICY 3 -8 EMERGENCY CLOSURES Emergencies such as severe weather, fires, power failures or floods can disrupt Town operations and may require the closing of a work facility. Closing of a work facility is at the sole discretion of the Mayor, Town Council or Town Manager. In the event that an emergency occurs during non - working hours, Department Heads or those in the chain of authority above the level of Department Head will be responsible for notifying the affected employees. 100037844.DOC / 31 3 -10 Regular Council Meeting - July 1, 2014 - Page 78 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION POLICY 3 -9 VEHICLE ALLOWANCE/TAKE-HOME VEHICLES The Town Manager may authorize a monthly vehicle allowance or the use of a Town take -home vehicle for certain employees. The Town Manager shall take into consideration the amount and type of local travel required of a position when granting a vehicle allowance or providing a Town take -home vehicle. Section 3 -9 -1 Unclassified Employees A. The Town Manager may provide a vehicle allowance or take -home vehicle to unclassified employees to compensate them for required frequent travel to meetings and work assignments throughout the Town and Pima County. B. The Town Manager may authorize the use of a Town take -home vehicle in lieu of a monthly vehicle allowance for an unclassified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take -home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3 -9 -2 Classified Employees The Town Manager may authorize the use of a Town take -home vehicle for a classified employee when using a Town vehicle results in operational efficiencies. In authorizing a Town take -home vehicle, the Town Manager shall take into consideration whether the employee must be routinely available for immediate emergency response, routinely carries and accesses Town equipment in the course of travel or routinely accesses areas that may be restricted to Town vehicles. Section 3 -9 -3 Vehicle Allowance A. The Town Manager shall establish monthly vehicle allowance rates within Town Council - approved budgetary limits. B. Employees who receive a monthly vehicle allowance may not use a Town vehicle as a take -home vehicle and may not request mileage reimbursement for local travel within a one -way direction of 25 miles from the employee's regular work location. Section 3 -9 -4 Take -Home Vehicles A Town employee who is authorized the use of a Town take -home vehicle may not receive a vehicle allowance during the same time period. 100037844.DOC / 31 3 - Regular Council Meeting - July 1, 2014 - Page 79 of 122 MARANA Z N/N/NVANI/ Z�� TOWN OF MAIZANA CHAPTER 3. CLASSIFICATION AND COMPENSATION POLICY 3 -10 RELOCATION AND INTERVIEW EXPENSES Section 3 -10 -1 Relocation Expenses A. The Town Manager, in his or her sole discretion, may authorize reimbursement of relocation expenses for a newly hired unclassified employee in an amount of up to $5,000. B. Reimbursement of relocation expenses shall be a one -time reimbursement, limited to the cost of moving furniture and personal effects from the employee's current home to his or her new home. C. The reimbursement shall be treated as income to the employee. D. The relocation and reimbursement of expenses must occur within the 12 -month period following the unclassified employee's hire date. E. Unclassified employees who are offered and accept reimbursement of relocation expenses shall be required to sign an agreement as part of an initial offer of employment letter indicating acceptance of all the terms of the relocation expense reimbursement. Section 3 -10 -2 Interview Expenses In an effort to attract and consider candidates with exceptional qualifications, and to ensure a competitive interview pool, the Town Manager may, in his or her sole discretion, authorize payment of travel expenses to and from an interview process at the Town of Marana for a vacant, unclassified position. Only transportation and lodging expenses shall be considered for reimbursement. 100037844.DOC / 31 3 -12 Regular Council Meeting - July 1, 2014 - Page 80 of 122 TOWN OF MARANA REVISED PERSONNEL POLICIES AND PROCEDURES Table of Contents CHAPTER 6. PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT Policy 6 -1 Performance Management ........................................................................................ ..............................1 Section 6 -1 -1 Initial Evaluation Period .................................................................................. ..............................1 Section 6 -1 -2 Extension of the Initial Evaluation Period ..................................................... ..............................3 Section 6 -1 -3 Performance Management Process ................................................................. ..............................4 Policy6 -2 Education Assistance .................................................................................................. ..............................4 Section6 -2 -1 Purpose ............................................................................................................... ..............................5 Section 6 -2 -2 Budget Appropriation and Capacity .............................................................. ..............................5 Section6 -2 -3 Reimbursement .................................................................................................. ..............................5 Section 6 -2 -4 Eligibility for Participation ............................................................................... ..............................5 Section 6 -2 -5 Criteria for Approval ....................................................................................... ............................... 6 Section 6 -2 -6 Application and Reimbursement Procedures ............................................... ..............................6 Section 6 -2 -7 Termination of Employment ............................................................................ ..............................7 Policy 6 -3 Town - Sponsored and Required Training ............................................................... ............................... 7 Section6 -3 -1 Definition ............................................................................................................ ..............................7 Section6 -3 -2 Procedures ......................................................................................................... ............................... 7 Policy 6 -4 Special Licenses and Membership Fees ................................................................... ..............................8 Section 6 -4 -1 As a Condition of Employment ...................................................................... ............................... 8 Section 6 -4 -2 As a Condition of Professional Growth .......................................................... ..............................8 {00038019.DOC /} Regular Council Meeting - July 1, 2014 - Page 81 of 122 MARAN� /I\\'. TOWN OF M A R ANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT POLICY 6 -1 PERFORMANCE MANAGEMENT The Town's performance management program relies on a system of establishing goals, strategies and performance benchmarks for the organization and then identifying how individual and team efforts contribute to the overall achievement Of Town strategic objectives. Each employee is an important part of the Town's overall success in its mission to serve the citizens of Marana. An employee's performance is directly linked to his Or her compensation. The Town Manager is responsible for establishing a systematic process for the ongoing evaluation Of organizational and employee performance. At a minimum, this system will link to Town -wide goals and strategies, set appropriate expectations, share ongoing and timely feedback, provide opportunities for coaching and distinguish between levels of performance. The Human Resources Director shall be responsible for ensuring implementation of an employee performance management system. Section 6 -1 -1 Initial Evaluation Period The initial evaluation period is a period of time constituting the final step in the screening process for appointment to a regular full- or part -time classified position. Employees shall be evaluated at least once during their initial evaluation period; however, managers and supervisors are encouraged to evaluate employees more often to provide ongoing feedback. A. Except for employees in the Police Department as otherwise provided in this section, all full- and part -time employees hired in a classified position, laterally transferred to a classified position in a different classification title or in a different department than the employee was in prior to transfer or demoted or promoted from one classified position to another shall serve in an initial evaluation period for six months from the date of hire, transfer, demotion or promotion. However, an employee laterally transferred or demoted will not be required to complete an initial evaluation period in the new position if the employee has previously completed an initial evaluation period in the same classification and in the same department. B. All full- and part -time employees hired in a classified position in the Police Department, laterally transferred within the Police Department to a classified position in a different classification title than the employee occupied prior to transfer or demoted or promoted from one classified position in the Police Department to another, shall serve in an initial evaluation period for 12 to 16 months from the date of hire, transfer, demotion or promotion as provided in this section, except that a demoted employee will not be required to complete an initial evaluation in the new position if the employee has previously completed an initial evaluation period in the same classification within the Police Department. {00038019.DOC /} 6 -1 Regular Council Meeting - July 1, 2014 - Page 82 of 122 MARAN� /I\\'. TOWN OF M A R ANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT 1. Newly hired civilian employees, laterally transferred civilian and Arizona Peace Officer Standards and Training (AZPOST) -certified employees and promoted civilian and AZPOST- certified employees in classified positions in the Police Department shall serve in an initial evaluation period for 12 months from the date of hire, transfer or promotion. Demoted civilian and AZPOST- certified employees in classified positions in the Police Department who are required to serve in an initial evaluation period shall serve in an initial evaluation period for 12 months from the date of demotion. 2. Newly hired employees who will begin their employment with the Town by attending a police academy shall serve in an initial evaluation period for 16 months from the date of hire. C. Notwithstanding the provisions of this section, an employee who is demoted, promoted or transferred due to a reclassification of a position and who has been performing the duties of the reclassified position for six months or longer prior to the reclassification, will not be required to complete an initial evaluation period in the reclassified position. D. Employees who are required to complete an initial evaluation period pursuant to this section will not be considered finally appointed to a full- or part -time classified position until successful completion of the initial evaluation period. Successful completion of the initial evaluation period is evidenced by a satisfactory or higher rating on a performance appraisal document which must be completed and reviewed at least one week prior to the date that the employee's initial evaluation period is scheduled to conclude. Notwithstanding the one -week time frame discussed in this paragraph, managers and supervisors shall review and discuss performance deficiencies with employees as soon as possible to allow the employee the opportunity to correct the deficiencies prior to the completion of the initial evaluation period. Employees serving in an initial evaluation period of 16 months shall be evaluated at least two times during the initial evaluation period, once at 12 months and once at the scheduled conclusion of the initial evaluation period. The Human Resources Department is responsible for maintaining records of employee appointments and promotions and the duration of initial evaluation periods. Department heads or the chain of authority above the level of Department Head, where applicable, are responsible for ensuring that training, informal feedback about performance, and formal performance appraisals are completed in a timely manner during the initial evaluation period. E. Employees serving in an initial evaluation period are at -will employees as defined in these Personnel Policies and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head or the chain of authority above the level of Department Head, where applicable, after consultation with and approval by the Human Resources Director. The employee must be notified in writing that he or she has failed to successfully complete the initial evaluation period {00038019.DOC /} 6 -2 Regular Council Meeting - July 1, 2014 - Page 83 of 122 MARAN� /I\\'. TOWN OF M A R ANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT prior to the conclusion of the initial evaluation period. If the employee is not notified of unsuccessful completion prior to the conclusion of the initial evaluation period, the employee will be considered to have successfully completed the initial evaluation period. The decision to terminate employment during the initial evaluation period is not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures F. Notwithstanding that an employee serving an initial evaluation period as a lateral transfer or due to a promotion is an at -will employee, the employee who does not successfully complete the initial evaluation period in a transfer or promotion may be restored to his or her former position. Such restoration is not mandatory, but is optional at the discretion of the Town and within the limits of available authorized positions. If an employee is restored to his or her former position, restoration shall include restoration of the employee's former pay and all other benefits to which he or she would have been entitled if the transfer or promotion had not occurred, except that any compensatory time that was paid out to an employee who transferred or promoted into an exempt position will not be restored if the employee returns to a non - exempt position. Section 6 -1 -2 Extension of the Initial Evaluation Period The Town may extend an employee's initial evaluation period if it is determined that more time is necessary to evaluate the performance of the employee. All extensions of the initial evaluation period shall be approved by the Department Head or the chain of authority above the level of Department Head, where applicable, and the Human Resources Department. The employee shall receive a written notice of the extension no later than the last day of the initial evaluation period. If the employee is unavailable to receive such a notice in person, the Town shall send a letter to the last known address of the employee on file with the Human Resources Department. In either case, the date of the letter shall be deemed the effective date of the notice. A copy of the notice of extension will be forwarded to the Human Resources Department for inclusion in the employee's personnel file. Under no circumstances may the total time for the initial evaluation period exceed 24 months. The initial evaluation period may be extended under, but not limited to, the following circumstances. A. The employee has had a leave of absence during the initial evaluation period that exceeds 15 calendar days. B. The employee's performance is not satisfactory, but the Department Head believes that with more time and supervision the employee may succeed in the position. In such cases, the Department Head shall develop a documented plan of action for improvement. {00038019.DOC i} 6 -3 Regular Council Meeting - July 1, 2014 - Page 84 of 122 MARAN� /I\\'. TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT C. Supervisor continuity is interrupted during the initial evaluation period. D. The work assigned to the employee's position is cyclical and the initial evaluation period did not provide an opportunity to adequately evaluate all aspects of an employee's performance. Section 6 -1 -3 Performance Management Process A. Classified employees who have completed the initial evaluation period shall receive a formal performance appraisal document once per year. This appraisal shall be for the performance period covering the prior fiscal year, beginning on July 1 and ending on June 30. B. Department Heads or the chain of authority above the level of Department Head, where applicable, and supervisors shall recommend an appropriate performance appraisal rating based on the Town's pay for performance guidelines. C. Opportunities for adjustments to pay based on performance are established by the Town Council each year as part Of the annual budget process. The amount of funds available for performance based increases is subject to economic conditions and the Town's ability to pay. D. If an employee disagrees with his or her performance appraisal document, the employee may request a meeting to discuss the appraisal with the Department Head within three working days of the employee's receipt of the performance appraisal document. If the Department Head prepared the employee's performance appraisal document, the employee may request a meeting with the appropriate person in the chain of authority above the level of Department Head within the three -day time period. After the meeting, if the employee continues to disagree with the performance appraisal document, the employee may submit a written rebuttal which will be filed in the employee's personnel file in the Human Resources Department. Performance appraisals are not subject to appeal under the personnel action review procedures set forth in Chapter 5 of these Personnel Policies and Procedures. E. The final employee performance evaluation and the employee's written rebuttal, if any, shall become a permanent part of the employee's official personnel file and will remain filed for the length Of time required by law. POLICY 6 -2 EDUCATION ASSISTANCE The Town of Marana may provide education assistance in the form of tuition reimbursement to eligible employees. {00038019.DOC i} 6 -4 Regular Council Meeting - July 1, 2014 - Page 85 of 122 MARAN� /I\\'. TOWN OF M A R ANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT Section 6 -2 -1 Purpose The Town of Marana recognizes that the skills and knowledge of its employees are critical to the success of the organization. The education assistance program encourages personal development through formal education so that employees can maintain and improve job- related skills or enhance their ability to compete for reasonably attainable jobs within the Town. Section 6 -2 -2 Budget Appropriation and Capacity A. The education assistance program is subject to any limitations imposed by the Town's budget appropriations and capacity and the availability of funds. If the Town Council is unable to appropriate sufficient funds for the program, the Town shall be under no obligation to provide tuition reimbursement to employees. B. Available funds shall be disbursed to eligible employees on a first -come, first - served basis for any given fiscal year. Once available funds in a fiscal year are expended, no further reimbursement to employees will occur. Section 6 -2 -3 Reimbursement A. Employees approved for participation in the education assistance program shall receive reimbursement from the Town for 75 percent of approved tuition costs, as defined by this Policy. The employee shall be responsible for any remaining balances. B. The maximum assistance available to any one employee is $5,000 per fiscal year. C. The employee shall be responsible for all other expenses, including, but not limited to, books, supplies, parking, and application and registration fees. Section 6 -2 -4 Eligibility for Participation A. All regular full -time employees with satisfactory work and attendance records who have successfully completed the initial evaluation period are eligible to participate in the education assistance program. B. Employees who receive grants, scholarships, or veteran's benefits that cover tuition costs are eligible to participate, but the Town will only reimburse the employee for those tuition costs that are not covered by these external funds. C. Only courses that begin after a new employee's initial evaluation period ends will be eligible for reimbursement. {00038019.DOC i} 6 -5 Regular Council Meeting - July 1, 2014 - Page 86 of 122 MARAN� /I\\'. TOWN OF M A R ANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT D. Employees participating in the program must earn a grade of "C" or higher in graded courses or a grade of "pass" in pass/fail courses in order to remain eligible. Employees shall provide proof of satisfactory grades in the form of an original grade report or transcript to the Human Resources Department within 45 calendar days of the completion of each course. Section 6 -2 -5 Criteria for Approval A. All courses shall be directly related either to the employee's present job or to a position within the Town to which the employee could logically progress in the future or a part of a planned program leading to an undergraduate or graduate degree in a field that has applicability to Town business (e.g., accounting, engineering, criminal justice). B. All courses shall be taken on the employee's own time, during off duty hours. C. All courses shall be taken at accredited colleges, universities or community colleges or at Town - approved vocational and trade schools. Section 6 -2 -6 Application and Reimbursement Procedures A. Employees shall complete a tuition reimbursement application, available through the Human Resources Department, before registering for any courses. B. All applications must have the prior approval of the employee's Department Head, as indicated by the Department Head's signature on the application. C. Applications shall be reviewed and approved or disapproved by the Human Resources Director or designee and the Town Manager or designee. Employees shall not be reimbursed for any courses enrolled in prior to receiving written confirmation of approval from the Town Manager or designee. D. If the application is approved, employees must submit a completed request for reimbursement, along with proof of satisfactory grade (s), within 45 calendar days of the completion of each course. Failure to submit the completed request as required within the time limit shall result in disqualification for tuition assistance. E. Requests for reimbursement shall be reviewed by the Human Resources Director and then routed to the Town Manager or designee. Upon final approval of the request for reimbursement by the Town Manager or designee, reimbursement shall be distributed to the employee. F. The approval of an employee's participation in the education assistance program is not a guarantee that the employee will receive reimbursement. Reimbursement is based upon the employee's continued satisfactory work performance. {00038019.DOC i} 6 - Regular Council Meeting - July 1, 2014 - Page 87 of 122 MARAN� /I\\'. TOWN OF MARANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT Section 6 -2 -7 Termination of Employment A. Employees participating in the education assistance program who separate from Town employment for any reason within 12 months of receiving reimbursement shall be required to repay the Town the full amount of the reimbursement. B. The amount of repayment to the Town shall be withheld from the employee's final paycheck. C. If the amount of the employee's final paycheck is not sufficient to cover the cost of repayment to the Town, the employee shall be required to reimburse the Town for the amount due at the time of termination. POLICY 6 -3 TOWN- SPONSORED AND REQUIRED TRAINING It is the policy of the Town to encourage and coordinate training opportunities for employees and supervisors to enhance the efficiency and effectiveness of Town services. Section 6 -3 -1 Definition For purposes of this policy, "training" is defined as any work - related seminar, conference, convention or workshop attended by an employee when registration and expenses are funded in whole or in part by the Town Section 6 -3 -2 Procedures A. The employee's Department Head must approve attendance at training programs within the state prior to registration by the employee. B. The Town Manager or designee must approve attendance at training programs out -of- state prior to registration by the employee. C. Town - sponsored and required training shall generally be arranged during regularly scheduled work hours. A Department Head may change the standard work hours of an employee to accommodate or require attendance at training activities. Required training shall be considered hours worked. D. Employees who acquire training on their own time and expense are encouraged to notify the Human Resources Department so the information can be noted in the employee's personnel file. A copy of any certificates awarded should be forwarded for inclusion in the employee's personnel file. E. The Human Resources Department shall maintain an employee training history and shall periodically audit training attendance and policy compliance. {00038019.DOC /} 6 -7 Regular Council Meeting - July 1, 2014 - Page 88 of 122 MARAN� /I\\'. TOWN OF M A R ANA CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE DEVELOPMENT POLICY 6 -4 SPECIAL LICENSES AND MEMBERSHIP FEES Membership in outside organizations shall be in the name Of the Town, if possible. Section 6 -4 -1 As a Condition of Employment A. The Town will pay the current annual dues or fees for each employee who is required to be a member of a professional organization or who must maintain current a particular certification Or license as a condition Of employment. B. The employee must present a dues statement or other verification of the amount due to his or her Department Head. Payment will be made upon approval by the Department Head. C. Whenever possible, the Town will pay the dues or fees directly to the professional organization or licensing agency on behalf of the employee. If the Town cannot pay the dues or fees directly to the professional organization, the Town will make a lump sum payment to the employee in the amount Of the current annual dues Or fees. Section 6 -4 -2 As a Condition of Professional Growth A. Employees who belong to professional organizations that are not required as a condition Of employment, but that promote individual professional growth, competence and effectiveness in functioning as Town employees are encouraged to attend local, state and national meetings subject to approval by the Department Head and budgetary limitations. B. Payment of dues and fees for these non - mandated organizations is the responsibility of the individual employee unless approved for Town payment by the Town Manager. {00038019.DOC /} 6 -8 Regular Council Meeting - July 1, 2014 - Page 89 of 122 WN f 9 ARANA 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council Item C 5 From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Subject: Ordinance No. 2014.018: Relating to Administration; amending Marana Town Code Title 3 (Administration); renaming Chapter 3 -1 (Officers, Department Heads, and Employees) as "Officers and Employees "; revising Chapter 3-1; modifying provisions defining town officers, position status, and non - employee positions; modifying officer and employee appointment and reporting procedures; adding a new definition of "at- will" employees; clarifying that employee compensation and benefits are determined through budget adoption; renaming chapter 3 -2 (Officers and Other Positions) as "Establishment, Compensation, and Powers and Duties of Town Officers "; revising Chapter 3 -2 to conform to revisions to Chapter 3 -1 regarding appointment procedures; revising Section 3 -2 -1 (Town Manager) to clarify Town Manager's powers and duties regarding positions and staffing and implementation of a salary schedule; deleting Sections 3-2-9 (Special projects manager), 3-2- 10 (Assistants to the town manager), 3 -2 -12 (Deputy chief of police), and 3 -2 -13 (Director of strategic initiatives) and renumbering Chapter 3-2 to conform; revising Chapter 3-3 (Personnel Policies); revising Section 3 -3 -1 regarding application of personnel policies to employees; deleting Section 3-3-3 (Rules and regulations); and declaring an emergency Resolution No. 2014 -064: Relating to Administration; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2014.018 to Marana Town Code title 3 (Administration) Discussion: The proposed changes to Title 3 (Administration) of the Marana Town Code are being made in conjunction with proposed changes to the Town's Personnel Policies related to classification and compensation. These amendments were first presented to Council on June 17, 2014, and are being brought back tonight for adoption. The proposed revisions include a general clean -up of Chapters 3 -1, 3 -2, and 3 -3 of the Town Code. Many of the changes were made to eliminate redundant lists and excessive detail, to use more specific and precise language, and to provide clarification where needed. The revisions include the following: 1. The current Code provides that the Town Manager must recommend to the Council the "abolition or consolidation of positions or transfers or removal of personnel." The proposed revisions to Section 3 -2 -1 (G)(12) of the Code will clarify the roles of the Town Manager and the Council in personnel management, by providing that the Town Manager is to recommend to the Council the appropriate level of budgetary positions and staffing through the budget process. The proposed revision will also reaffirm that the Town Manager is authorized to implement a salary schedule for positions in the town, consistent Regular Council Meeting - July 1, 2014 - Page 90 of 122 with budget authority and capacity. The Council has already authorized the Town Manager to do this, with implementation of the classification and compensation study, but this revision will codify the authorization. 2. The current version of the Code includes a finite list of unclassified positions in Section 3- 1 -3(B). Unclassified positions are those positions that are at -will, meaning that employment may be ended by either the Town or the employee at any time, with or without cause. Under the current Code, any time the Town wishes to categorize a position as unclassified, an amendment to the Town Code must be made to add the position to the list. The proposed revision will allow unclassified positions to be created by identifying them as such on the salary schedule implemented by the Town Manager. 3. Section 3 -3 -1 of the Town Code regarding the creation and scope of personnel policies would be amended to provide that the Town's personnel policies shall apply to all employees of the Town, unless specifically stated otherwise in the Code, the personnel policies or, for the Town Manager and Town Magistrate, in an employment contract. A similar revision is being proposed within Chapter 3 and the introduction of the personnel policies. Currently, the personnel policies apply only to classified employees as a rule, unless a specific exception is made for other categories of employees. Financial Impact: None. All employee compensation must be approved in accordance with budget capacity and authority. ATTACHMENTS: Name: Description: Type: D Ord. 2014.018 revisions to Title 3 re. Administration.doc Ord. 2014.018 Revisions to Title 3- Administration Ordinance Reso. 2014- Reso. 2014 -064 Declaring Title 3 Amend a Public 064 declaring title 3 amendments as public record.doc Record Resolution D EXH 20140212 Revisions to Title 3 Administration (00036990- 6).docx Exhibit A to Reso 2014 -064 Exhibit Staff Recommendation: Staff recommends approval of the amendments to Title 3. Suggested Motion: I move to adopt Ordinance No. 2014.018, approving amendments to Marana Town Code Title 3 (Administration) and declaring an emergency, and Resolution No. 2014 -064, declaring the amendments to Marana Town Code Title 3 (Administration) as a public record. Regular Council Meeting - July 1, 2014 - Page 91 of 122 MARANA ORDINANCE NO. 20149018 RELATING TO ADMINISTRATION; AMENDING MARANA TOWN CODE TITLE 3 (ADMINISTRATION); RENAMING CHAPTER 3 -1 (OFFICERS, DEPARTMENT HEADS, AND EMPLOYEES) AS "OFFICERS AND EMPLOYEES "; REVISING CHAPTER 3 -1; MODIFYING PROVISIONS DEFINING TOWN OFFICERS, POSITION STATUS, AND NON - EMPLOYEE POSITIONS; MODIFYING OFFICER AND EMPLOYEE APPOINTMENT AND REPORTING PROCEDURES; ADDING A NEW DEFINITION OF "AT- WILL" EMPLOYEES; CLARIFYING THAT EMPLOYEE COMPENSATION AND BENEFITS ARE DETERMINED THROUGH BUDGET ADOPTION; RENAMING CHAPTER 3 -2 (OFFICERS AND OTHER POSITIONS) AS "ESTABLISHMENT, COMPENSATION, AND POWERS AND DUTIES OF TOWN OFFICERS "; REVISING CHAPTER 3 -2 TO CONFORM TO REVISIONS TO CHAPTER 3 -1 REGARDING APPOINTMENT PROCEDURES; REVISING SECTION 3-2-1 (TOWN MANAGER) TO CLARIFY TOWN MANAGER'S POWERS AND DUTIES REGARDING POSITIONS AND STAFFING AND IMPLEMENTATION OF A SALARY SCHEDULE; DELETING SECTIONS 3 -2 -9 (SPECIAL PROJECTS MANAGER), 3 -2 -10 (ASSISTANTS TO THE TOWN MANAGER), 3 -2 -12 (DEPUTY CHIEF OF POLICE), AND 3 -2 -13 (DIRECTOR OF STRATEGIC INITIATIVES) AND RENUMBERING CHAPTER 3 -2 TO CONFORM; REVISING CHAPTER 3 -3 (PERSONNEL POLICIES); REVISING SECTION 3 -3 -1 REGARDING APPLICATION OF PERSONNEL POLICIES TO EMPLOYEES; DELETING SECTION 3-3-3 (RULES AND REGULATIONS); AND DECLARING AN EMERGENCY WHEREAS the Town Council finds that the revisions to town administration established by this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. The amendments to the Marana Town Code Title 3 "Administration," 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 attached as Exhibit A to Resolution No. 2014 -064 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. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Ordinance No. 2014.018 - 1 - Regular Council Meeting - July 1, 2014 - Page 92 of 122 SECTION 4. 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 ordinance. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of July, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Ordinance No. 2014.018 I►m Regular Council Meeting - July 1, 2014 - Page 93 of 122 MARANA RESOLUTION NO. 2014 -064 RELATING TO ADMINISTRATION; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2014.018 TO MARANA TOWN CODE TITLE 3 (ADMINISTRATION) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to the Marana Town Code Title 3 (Administration), a copy of which is attached to and incorporated in this resolution as Exhibit A 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. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 St day of July, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting - July 1, 2014 - Page 94 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 SECTION 1. The title of Marana Town Code Chapter 3 -1 is hereby renamed "Officers and Employees." SECTION 2. Section 3 -1 -1 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with st r;'T° out to 3 -1 -1 Town officers A. There are hereby created, in addition to the mayor and town council members, the following officers of the town. An officer is defined as an employee who holds an office of trust, command and authority, and who is part of a responsive management team that exists to carry out the g oals and policies of the town �t she -e�i�� 4:10 r�l��' 1. Town manager 2. Deputy town manager 3. Assistant town managers 4. Town clerk 5. Town engineer 6. Town attorney 7. Department heads 8. General managers 9. Such other officers as from time to time may be provided for by ordinance or resolution B. These officers shall be appointed from time to time as set forth in this code. SECTION 3. Section 3 -1 -2 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with Ot A to : 3 -1 -2 Positions appointed by the town council, town manager, deputy town manager, assistant town managers, general managers & department heads definition A. The position of town manager shall be appointed from time to time by the town council, and shall be employed at the will of the town council. This position shall have no term of office, shall be at -will, and shall report directly to the town council. The town manager's employment shall be governed by the terms set forth in this title and in any employment agreement approved by the council. B. The town magistrate shall be appointed by the town council in accordance with section 5 -2 -1. The town magistrate's employment shall be governed by the terms set forth in this title and in any employment agreement approved by the council. 100036990.DOCX / 61 1 Regular Council Meeting - July 1, 2014 - Page 95 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 C. The following positions shall report to the town manager, shall be appointed from time to time by the town manager, shall have no term of office, shall be at -will, and shall work at the pleasure of the town manager. 1. Deputy town manager 2. Assistant town managers 3. Town attorney D. The All other officers shall report to the town manager, except that the town manager may designate in writing that one of mof ^ ?� r� an officer shall report to the deputy town manager, an assistant town manager, of a general manager or a department head The town manager serves as the department head for the town manager's office. Each officer beLs r rent shall be appointed from time to time by the town manager ?&� r P g 4i r„�, C shall have no term of office, shall be at -will, and shall work at the pleasure of the town manager. A TTAT�� 1• -L 1�� 1 `% -1..1 3 r +L a J q vwPioc - i r m �r b 1T - - -- ffl nri n rrer �r eetef o c-, + ra ie i:LnLl�lr� 7 E. All other ,positions in the town �� %--LL �L a cxer e ,a ev, a r+ T shall be hired by the general manager or -- r - -- % - --- - -- - department head, with the approval of the town manager, deputy town manager or assistant town manager to whom the general manager or department head reports, and shall work at the pleasure of the town manager the general manager or department head, as provided in this code and the town personnel policies. F. AP4�4 VV.LL%--LL %,L %A.%- Y %_1L_7.L%L%_1_LL %-ZA..LL . For purposes of this chapter, "at- will" means employment that may be terminated upon the will of the employer or may be terminated upon the will of the employer or employee at any time with or without causeat any time with or without cause. 100036990.DOCX / 61 2 Regular Council Meeting - July 1, 2014 - Page 96 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 SECTION 4. Section 3 -1 -3 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with Out to : 3 -1 -3 ^4 Position status All positions in the town are categorized as ; classified, unclassified, or t%e-rHHALL temporary positions �?� ar+ +,,,,,4-.-1 P LL alr1r J T se.. vi ce. The extent to which certain personnel i2olicies rules or provisions apply to particular positions will depend upon the categorization of the osition 1 1 Ip� 1 L i tei: n t ir o rn-mrr I� A. Classified positions n rT All e specifically identified in the salarj manager as an unclassified te-friFAL i; w.; tek positions shall be classified policies, however, may be established classified positions t Lp I... LI p ie tPNva positions not T schedule implemented by the town I L +„ 4F , r a . : FgF ;T or sr or+ ten;; temporary positions rn rT . Different rules and for different groups of Le Ti -% I . �las-s ' P:; Toes me 1. Notwithstanding paragraph A above, an emplovee may be hired in a classified position, but on a temporary basis. When this occurs, the employee will be considered to be in a temporary position, and will be subiect to the policies, rules, and regulations governing temporary positions. 3 B. Unclassifie pOS1t10r1S �__= __-_ ____ - ____ L. All town officers shall be in unclassified positions ; �„ n rP r1 n r !1f _ __ ___ t tea vLT efl 3 = r - -- - - l�T . Any other unclassified positions shall be identified as such in the salary schedule implemented by the town manager. Employees in Uunclassified positions are "at- will" 3 employees. Employees in unclassified positions shall receive all benefits afforded to classified employees, except those specifically excluded by this code or by town personnel policies. " 4 t TAT,»// P t ;L aef; L P �- 4 r1 T T ]A P l r,^Y ; �t T P AT, 11 P f -I- �rri_ r -- - rrr �r nQL Pr n TA;j P4 r rn�� -c� nr� not r / P P P 4: i P 4P IQ 4:P LP I -JP4:P:KVAi4P e i -A 4;; tl� e t ow n / / I. JL I 1 & 100036990.DOCX / 61 3 Regular Council Meeting - July 1, 2014 - Page 97 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 3. AIL LSY LSY ' St 1 ZZ L%--L i 1 rPrPi Q + r 1 7 irvn� - ter v ±.� 1 1�1 1�.Lve T C. z l i,-.A, i t%e- 4 tTemporary positions %e- nAL q IL P%':; This category of employment is comprised of term - limited temporary positions and short- C_ CL:r 4q C_ 4p term temporary positions. :&VAV;:Lt_.LJLL :&.AV;a%1.:,F1jL-�;. +e],.AA_-e%_.J to a q4pecifi UALLLt %-%AL itii.1 �^ [� r[Cr -�LV r i I L A L 0%- E) ff t _,Ievement qpvpioc T i a=Z� li4zAit of rl _L. V V k� A- / z�r L.L-L-L LA. Employees in temporary ,positions are "at- will" employees.- „ tl�e town mai::%aaev ov 6Je / / Temporary positions shall be identified as such in the salary schedule implemented by the town manager. Additionally, an employee will be considered to be in a temporary position when the employee is hired in a classified position, but on a temporary basis, as set forth in this section. 1. Term - limited temporary positions. Term - limited temporary positions are positions with work related to a specific grant, project, or other significant or substantial non - routine body of work, for a term of six to 36 months. The town manager or designee shall determine when a position may be designated as a term - limited temporary position in accordance with this section. Employees in term - limited temporary e4FR4 IL 01 3wees positions shall . %- %- L_.7 receive any general salary increases that may be granted to town employees from time to time.- and shall receive mall benefits afforded to classified employees except those specifically excluded by this code or by town personnel policies p r r�l �r n 11 bl^ n�� ^r�� t ter n- 'rrrn' + rte l e]; Zp pL P:K A 1 i 4 A i -�- P rl -I-P 4 A rP y �7 . �ZTrr C 1Trr'C_ _ _ _ _ _!rte 100036990.DOCX / 61 11 Regular Council Meeting - July 1, 2014 - Page 98 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 Ali IIIIII 1 1111, 1 111, Ali, I IIIII IIIII NEVER IS 11 1111 - - - - - - - -- - -- OF - - -- - -- - - -- -- -- - - - -- -- -- - -- I MMEWMA�WAAM�M141 -- - -- - - -- -- - - - - - - - - - - M - - -- - -- - -- - -- - - -- - -- - - - -- - -- - - -- - - - - -- - -- - - -- - K. Short -term temporary positions �� T? � +„ ^,L ^� ^►�i -L rP+ ; n � ^11 ri n of Short -term temporary positions are positions 11 �l✓ rrt�_r -r-rr X L Y JL rte -- JL,&- 1 pie �F iii l used to augment the workforce due to seasonal and other specific temporary workload needs that require additional staffing. Employees in short -term temporary positions shall work for a time period that does not exceed six months or 1040 hours in a rolling 12 -month period. The town manager or desi shall determine when a position may be designated as a short -term temporary position in accordance with this section. S i(AYAC -t " �� 1 ^ T TAT » r.t in JefireiA an i - � � - - - °T r �- — --- -- rrtr 1 n n ; ]AP - � - llr T� �L P TAT1ll Af T JP3j; :K ^r r - -� L , ' % - - =- - - - =- - - =- - i i i i R -�- ^ a ^r ^r ^ i Employees in short -term temporary positions may not receive all general salary increases granted to town employees from time to time and Sher ter;- shall not receive benefits provided to other employees of the town unless specifically stated otherwise in this code or in the town's personnel 100036990.DOCX / 61 5 Regular Council Meeting - July 1, 2014 - Page 99 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 old. SECTION 5. Section 3 -1 -4 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strflTO o t to 3 -1 -4 Non - employee positions The following positions are not be considered to be employment positions '" "4 to 1TA TY1 plersen - 4q A prev Y1 /l� V 1ll� i ni llC i C �7 • llY1 CS - r - r r - 7TTTC�7TT�� A. All elected officials and members of boards, committees, and commissions B. Volunteer personnel and personnel appointed to service without pay C. Those engaged by the town on a contractual basis SECTION 6. Section 3 -1 -5 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with strf'T° offt to 3 -1 -5 Compensation and benefits The compensation and benefits of town employees shall be as fixed from time to time by the town council through adoption of the annual budget of 4 A+1 SECTION 7. The title of Marana Town Code Chapter 3-2 is hereby renamed "Establishment, Compensation, and Powers and Duties of Town Officers." SECTION 8. Section 3 -2 -1 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with S+r;'T° OtA to : 3 -2 -1 Town manager [Paragraphs A through F remain unchanged] G. Powers and duties. Except as otherwise provided in this code, the town manager shall be the chief administrative officer and head of the administrative branch of the town government and shall be responsible to the town council for the proper administration of all affairs of the town. In addition to the general powers as the chief administrative officer and not as a limitation on them, it shall be the town manager's responsibility and authority to perform the following: [subparagraphs 1 through 11 remain unchanged] 12. The town manager shall make, or cause to be made, studies and surveys of the duties, responsibilities and work of the personnel in the various departments and services of the town government and recommend to the town council the appropriate level of budgetary positions and staffing through the annual budget adoption process. The town manager shall implement a pay structure or salary schedule for all positions in the town 100036990.DOCX / 61 6 Regular Council Meeting - July 1, 2014 - Page 100 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 which is consistent with approved budget capacity and authority and with the provisions of this title t� t t�t�� ,T / thiit iZT Jrt nr � c� r1�1�r[�p - T�t ^ n rN l'T�r iZT L L %- �PV1�'[ [subparagraphs 13 through 15 remain unchanged] [paragraphs H and I remain unchanged] SECTION 9. Section 3 -2 -8 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with str;lTO out to 3 -2 -8 Department heads A. Offices established The positions of department heads are hereby created and established i' PV1�LL L Sl e'e-tioY . Each department head shall be appointed, suspended or removed as set forth in this title [paragraphs B and C remain unchanged] SECTION 10. Sections 3 -2 -9 (Special projects manager) and 3 -2 -10 (Assistants to the town manager) of the Marana Town Code are hereby deleted and the sections that follow are renumbered to conform. SECTION 11. Existing section 3 -2 -11 of the Marana Town Code (renumbered as section 3 -2 -9 by section 10 of this ordinance) is hereby revised as follows with added text shown with double underlining and deletions shown with SAri'T° ^" to : 3-2-93211 General managers A. Offices established The positions of general managers are hereby created and established i'^' ��a nr�� +�� 2 '' . Each general manager shall be appointed, suspended or removed as set forth in this title [paragraphs B and C remain unchanged] SECTION 12. Sections 3 -2 -12 (Deputy chief of police) and 3 -2 -13 (Director of strategic initiatives) of the Marana Town Code are hereby deleted. SECTION 13. Section 3 -3 -1 of the Marana Town Code is hereby revised as follows with added text shown with double underlining and deletions shown with S +r;'T° Ot A to : 3 -3 -1 Creation and scope of personnel policies A. The town council shall adopt a personnel policies for the employees of the town apply to all �' , the provisions of which shall �� employees of the town unless specifically stated otherwise in this code, in the personnel policies or, Jn the case of the town manager and town magistrate, in an 100036990.DOCX / 61 7 Regular Council Meeting - July 1, 2014 - Page 101 of 122 EXHIBIT A TO MARANA RESOL UTION NO. 2014 -064 Amendments to the Marana Town Code, Title 3 "Administration " pursuant to Marana Ordinance No. 2014.018 employment agreement The town council may amend or repeal the personnel policies from time to time in its sole discretion. B. In addition to the personnel policies, the town council or town mana er may adopt rules, regulations, and directives to give effect to this title and to the personnel policies. The town council or town manager may amend or repeal these rules, regulations and directives from time to time in their sole ri i cr nri C. All personnel policies, rules, regulations, and directives adopted pursuant to this section shall follow the generally accepted principles of good personnel administration. SECTION 14. Section 3 -3 -3 (Rules and regulations) of the Marana Town Code is hereby deleted and the section that follows is renumbered to conform. 100036990.DOCX / 61 E'1 Regular Council Meeting - July 1, 2014 - Page 102 of 122 MAIRf1NA f 4 rrrzc�?��I 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item C 6 Subject: Ordinance No. 2014.019: Relating to Police Department; amending Town Code Section 4 -1 -2 (Appointment of officers) to provide that the chief of police shall be appointed by the Town Manager; amending Town Code Sections 4 -1 -2 and 4 -1 -3 (Compensation of officers) to clarify that appointment and compensation of officers shall be determined through budget adoption; and designating an effective date Discussion: The proposed changes to Sections 4 -1 -2 and 4 -1 -3 of the Marana Town Code are being made in conjunction with proposed changes to the Town's Personnel Policies related to classification and compensation. These amendments were presented to Council at the June 17, 2014 Council meeting and are being brought back tonight for adoption. The proposed ordinance will clarify that the appropriate level of staffing and compensation of police officers shall be determined through the budget process and consistent with budget capacity and authority. Additionally, the current Code provides that the Chief of Police is to be appointed by the Council upon the recommendation of the Town Manager. Consistent with the Town Manager's power to execute, on behalf of the Council, general administrative supervision and control of the affairs of the Town, the proposed ordinance provides that the Chief of Police shall be appointed by the Town Manager. Financial Impact: None. All employee compensation must be approved consistent with budget capacity and authority. ATTACHMENTS: Name: Description: Type: D Ord. 2014.019 revision to sections 4- Ord. 2014.019 Revisions to Title 4 Ordinance 1 -7 and d -1 --q rinr Staff Recommendation: Staff recommends approval of the amendments to Title 4. Suggested Motion: I move to adopt Ordinance No. 2014.019, amending Town Code Section 4 -1 -2 (Appointment of officers) to provide that the chief of police shall be appointed by the Town Manager; amending Town Code Sections 4 -1 -2 and 4 -1 -3 (Compensation of officers) to clarify that appointment and compensation of officers shall be determined through budget adoption; and designating an effective date. Regular Council Meeting - July 1, 2014 - Page 103 of 122 MARANA ORDINANCE NO. 20149019 RELATING TO POLICE DEPARTMENT; AMENDING TOWN CODE SECTION 4 -1 -2 (APPOINTMENT OF OFFICERS) TO PROVIDE THAT THE CHIEF OF POLICE SHALL BE APPOINTED BY THE TOWN MANAGER; AMENDING TOWN CODE SECTIONS 4 -1 -2 AND 4 -1 -3 (COMPENSATION OF OFFICERS) TO CLARIFY THAT APPOINTMENT AND COMPENSATION OF OFFICERS SHALL BE DETERMINED THROUGH BUDGET ADOPTION; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Manager is authorized by Marana Town Code Section 3- 2- 1(G)(1) to execute, on behalf of the Town Council, general administrative supervision and control of the affairs of the town; and WHEREAS the Town Council is authorized by A.R.S. § 9 -240 to control the finances of the town; and WHEREAS the Town Council finds that the revisions to the Marana Town Code set forth in this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Marana Town Code Section 4 -1 -2 (Appointment of officers) is hereby amended as follows (with deletions shown with Ls tr;' zteet4s and additions shown with double underlining): 4 -1 -2 Appointment of officers The chief of police shall be appointed by �rr�rfr „r a % A L of the town manager. The chief of police shall appoint as many police officers as may from time to time be deemed necessary for the safety and good order of the town, consistent with aim2roved bud et capacity and authority Of iLp SECTION 2. Marana Town Code Section 4 -1 -3 (Compensation of officers) is hereby amended as follows (with additions shown with double underlining): 4 -1 -3 Compensation of officers The chief of police and the police officers of the town shall be compensated as determined by the council through adortion of the annual budget. The chief of police shall not receive any perquisites, commissions or compensation for his Ordinance No. 2014.019 -1- Regular Council Meeting - July 1, 2014 - Page 104 of 122 services as chief of police, except as the council may prescribe through adoption of the annual budget SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. 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 ordinance. SECTION 6. This ordinance shall become effective on the thirty -first day after its adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of July, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Ordinance No. 2014.019 APPROVED AS TO FORM: Frank Cassidy, Town Attorney SIR Regular Council Meeting - July 1, 2014 - Page 105 of 122 to 1 7 9 MARANA r I os? REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, June 17, 2014 at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:02 p.m. Town Clerk Bronson called roll. All Council Members were present. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the agenda by Council Member Kai, second by Council Member McGorray. Passed unanimously. CALL TO THE PUBLIC. C.W. Hall, representing Disabled American Veterans, presented a plaque of appreciation to the Kai family for their donation of land in north Marana for the Veterans' Cemetery. James Kai accepted the plaque on behalf of the Kai family. Chris Monson and Bruce Call, developers of Marana Main Street, expressed to Council their appreciation for Gilbert Davidson's leadership and for the assistance they have received from staff with their current development project. They were very complimentary regarding the professionalism and hard work staff has exhibited toward them. June 17, 2014 Meeting Minutes 1 Regular Council Meeting - July 1, 2014 - Page 106 of 122 PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported briefly on meetings at the League of Arizona Cities & Towns and the Arizona Town Hall. He noted that water will most likely be the topic for the next Town Hall. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson introduced Carl Drescher, Technical Services Director, who unveiled the new website which will go live on June 18. Mr. Davidson also reported that the town has received a prestigious federal award for the Wild Burro Trailhead. The U.S. Department of the Interior designated Wild Burro a national recreation trail which is part of the national trail program. Mr. Davidson also noted that the Council Executive Report is on the dais. PRESENTATIONS P 1: Presentation: Relating to Intergovernmental Relations; report from the Town's lobbyist, Triadvocates, regarding the 2013 -2014 session of the Arizona state legislature. Julie Rees, Principal, and Ryan Harper, Senior Public Affairs Advisor for Triadvocates provided a legislative review of the 2014 legislative session and highlighted who the candidates will be in the state races for the upcoming election. Mr. Harper noted that this session was 101 days compared to the 151 -day session in 2013. Of the 1,318 bills introduced, 278 were signed by the Governor. He also reviewed the general fund budget including major changes and uncertainties. The Governor's key policy priorities were CPS reform, electricity TPT exemption for manufacturers and Medicaid restoration. CONSENT AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. C 1: Resolution No. 2014 -051 Relating to the Police Department; exempting undercover vehicles used by the Marana Police Department in felony investigations or activities of a confidential nature from Arizona state laws related to the designation of political subdivision motor vehicles; authorizing the Chief of Police to renew existing vehicle registrations for these undercover police vehicles and to obtain vehicle registrations for new undercover police vehicles to be used in felony investigations or activities of a confidential nature. C 2: Resolution No. 2014 -052 Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement between Pima County and the Town of June 17, 2014 Meeting Minutes 2 Regular Council Meeting - July 1, 2014 - Page 107 of 122 Marana for payment for incarceration of municipal prisoners for the period of July 1, 2014 through June 30, 2015 C 3: Resolution No. 2014 -053 Relating to Intergovernmental Relations; approving and authorizing the Town Manager to execute a Lobbying Services Agreement with Triadvocates, LLC, for the 2014 -2015 fiscal year. C 4: Resolution No. 2014 -054 Relating to Police Department; approving and authorizing the Chief of Police to execute a Program- Funded State and Local Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department C 5: Resolution No. 2014 -055 Relating to Community Development; approving and authorizing the Mayor to execute Amendment Number 1 to an Intergovernmental Agreement between Pima County and the Town of Marana for management and implementation of the Community Development Block Grant program C 6: Resolution No. 2014 -056 Relating to Emergency Management; approving the September 2013 Pima County Community Wildfire Protection Plan and authorizing the Mayor to sign a declaration of agreement and concurrence with the plan C 7: Resolution No. 2014 -057 Relating to development; approving a final plat for Cypress Gardens Lots 1 -165 and Common Areas "A ", "B ", and "C ". C 8: Resolution No. 2014 -058 Relating to Development; approving a final plat for Golden Barrel Place at Dove Mountain, Lots 1 -172, Block " 1 " (Future Development), Common Areas "A" (Private Streets), and "B" (Open Space /Drainage). C 9: Approval of May 20, 2014 Council Meeting Minutes LIQUOR LICENSES L 1: Relating to Liquor Licenses recommendation to the Arizona Department of Liquor Licenses and Control regarding a Person to Person Transfer of a Series 7 (Beer and Wine Bar) liquor license application submitted by Randy D. Nations on behalf of the Quarry Pines Golf Club ( Marana Golf Club, The Pines), located at 8480 N. Continental Links Drive. Presented by Jocelyn Bronson, who noted that the application was properly posted and reviewed by staff. Staff recommends approval. Motion to approve by Vice Mayor Post, second by Council Member Ziegler. Passed unanimously. June 17, 2014 Meeting Minutes 3 Regular Council Meeting - July 1, 2014 - Page 108 of 122 BOARDS, COMMISSIONS AND COMMITTEES B 1: PUBLIC HEARING: Resolution No. GFCFD 2014 -02 [Marana Town Council acting as the Gladden Farms Community Facilities District Board of Directors] : A Resolution of the District Board of the Gladden Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms Community Facilities District for the fiscal year beginning July 1, 2014 and ending June 30, 2015. Mayor Honea opened the public hearing. Mr. Montague presented an overview of the item. There being no speakers from the public, Mayor Honea closed the public hearing. Motion to approve by Board Member McGorray, second by Board Member Kai. Passed unanimously. B 2: PUBLIC HEARING: Resolution No. GFCFD2 2014 -02 [Marana Town Council acting as the Gladden Farms (Phase II) Community Facilities District Board of Directors] : A Resolution of the District Board of the Gladden Farms (Phase II) Community Facilities District, Pima County, Arizona, approving the final budget for the Gladden Farms (Phase II) Community Facilities District for the fiscal year beginning July 1, 2014 and ending June 30, 2015. Mayor Honea opened the public hearing. Mr. Montague presented and overview of the item. There being no speakers from the public, Mayor Honea closed the public hearing. Motion to approve by Board Member Bowen, second by Vice Chair Post. Passed unanimously. B 3: PUBLIC HEARING: Resolution No. SSFCD 2014 -02 [Marana Town Council acting as the Saguaro Springs Community Facilities District Board of Directors] : A Resolution of the District Board of the Saguaro Springs Community Facilities District, Pima County, Arizona, approving the final budget for the Saguaro Springs Community Facilities District for the fiscal year beginning July 1, 2014 and ending June 30, 2015. Mayor Honea opened the public hearing. Mr. Montague presented an overview of the item. There being no speakers from the public, Mayor Honea closed the public hearing. Motion to approve by Board Member McGorray, second by Council Member Kai. Passed unanimously. B 4: PUBLIC HEARING: Resolution No. VFCFD 2014 -02 [Marana Town Council acting as the Vanderbilt Farms Community Facilities District Board of Directors] : A Resolution of the District Board of the Vanderbilt Farms Community Facilities District, Pima County, Arizona, approving the final budget for the Vanderbilt Farms Community Facilities District for the fiscal year beginning July 1, 2014 and ending June 30, 2015. Mayor Honea opened the public hearing. Mr. Montague presented and overview of the item. There being no speakers from the public, Mayor Honea closed the public hearing. Motion to approve by Board Member McGorray, second by Council Member Kai. Passed unanimously. June 17, 2014 Meeting Minutes 4 Regular Council Meeting - July 1, 2014 - Page 109 of 122 COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2014 -059 Relating to Budget; adopting the Town of Marana's fiscal year 2014 -2015 final budget. Mayor Honea opened the public hearing. Presented by Mr. Montague, who gave a general recap of the last several months of work culminating in tonight's presentation of the final budget. Council Member Ziegler thanked Ms. Machain and the team who worked to put the pay for performance element together. Motion to approve by Council Member Bowen, second by Council Member Ziegler. Passed unanimously. A 2: Ordinance No. 2014.017 Relating to Annexation; annexing into the corporate limits of the Town of Marana the territory known as the Luckett Road Water Reclamation Facility being an area containing approximately 51 acres of land. Presented by Cynthia Ross. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION D 1: Relating to Personnel discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures, revising Chapter 3 - Compensation, Chapter 6 - Employee Development, and the Introduction to Personnel Policies and Procedures. Presented by Suzanne Machain, who summarized some of the substantive changes. Ms. Machain noted that this item is a "first reading" and upon Council direction will be brought back for adoption at a future meeting. Ms. Machain noted that these policy changes will be in alignment with the proposed changes to Title 3 of the town code which Ms. Fairall will outline next. Motion to direct staff to bring this item back for final adoption on July 1, 2014 by Council Member McGorray, second by Council Member Bowen. D 2: Relating to Administration; discussion, consideration and direction regarding proposed changes to Title 3 (Administration) of the Marana Town Code. Presented by Jane Fairall. She noted that this item and the next item go along with the personnel policy changes just presented. This was a joint effort with Human Resources and the Legal department. Most of the changes were clean -up for better grammar, clarification, reduction of redundancies and excessive detail. She also reviewed some of the substantive changes. Motion by Vice Mayor Post to direct staff to bring back the proposed amendments to Title 3 of the Marana Town Code for adoption, second by Council Member Bowen. Passed unanimously. D 3: Relating to Police Department; discussion, consideration and direction regarding proposed revisions to Sections 4 -1 -2 (Appointment of officers) and 4 -1 -3 (Compensation of officers) of the Marana Town Code. Presented by Jane Fairall. Most of the changes here in Title 4 related to appropriate level of staffing and compensation of police officers. Currently, the police chief is appointed by the Council upon recommendation from the town manager. To be consistent with June 17, 2014 Meeting Minutes 5 Regular Council Meeting - July 1, 2014 - Page 110 of 122 the Town Manager's power under the town code to execute the general affairs of the town for all other employees, the proposed change would enable the town manager to appoint the police chief as he appoints other department heads. Ms. Fairall asked for Council direction to bring this back for approval on July 1 along with the other items. Council Member Ziegler asked how the appointment was done in the past. Ms. Fairall responded that the manager has run the process to select the police chief, but his selection is contingent upon the Council passing a resolution appointing the chief. This process is different from any other department head selection. Mr. Davidson interjected that as an example with the current chief, the town hired a company to do a nationwide search for a significant amount of money. If you go through that process and there aren't enough Council votes to appoint the recommended candidate, you have to start that process all over again and spend more money. He stated that there is a public process and an open forum for Council to interact and meet with potential candidates, and staff will continue that process even with this suggested code change. Council Member Bowen moved to direct staff to bring the proposed revisions to Sections 4 -1 -2 and 4 -1 -3 to Council at the July I meeting; second by Vice Mayor Post. Passed unanimously. D 4: Relating to Legislation and Government Action discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies. No report. EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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. Motion to adjourn at 8:32 p.m. by Vice Mayor Post, second by Council Member Bowen. Passed unanimously. June 17, 2014 Meeting Minutes 6 Regular Council Meeting - July 1, 2014 - Page 111 of 122 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 17, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk June 17, 2014 Meeting Minutes Regular Council Meeting - July 1, 2014 - Page 112 of 122 ApW N 0 7 9 MARANA 7 4 RIZOS STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Board Room, June 24, 2014, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member STUDY SESSION CALL TO ORDER AND ROLL CALL. The meeting was called to order by Mayor Honea at 6:00 p.m. Town Clerk Bronson called roll. Council Member Kai was excused and Council Member Ziegler arrived at 6:11 p.m. There was a quorum present at 6:00 p.m. PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion to approve the agenda by Vice Mayor Post, second by Council Member McGorray. Passed unanimously 5-0. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION /DIRECTION /POSSIBLE ACTION D 1: Presentation: Relating to Special Events; a preview of and update regarding the 2014 Star Spangled Spectacular Fourth of July event. Presented by Rodney Campbell who introduced the special events committee comprised of Logan Garland, Vickie Hathaway, Ramon Armenta, Corey Larriva and Addie Martin. Mr. Campbell noted that his team was tasked with making this event at Crossroads Park more an experience that would put Marana on the map. Addie Martin started with an overview of events in the park. There will be live video of the concert which will also promote the sponsors. In addition to area restaurants, 14 foods vendors will be onsite as will an inflatable water feature slide to help keep things cool. Overflow parking goes to Fry's and the Walmart area. Logan Garland talked about the mobile website to engage users at the park or at June 24, 2014 Study Session Minutes Regular Council Meeting - July 1, 2014 - Page 113 of 122 the show or homes. He noted the QR code embedded in the site which is a free download for smartphones. Viewers can watch the live countdown to when the fireworks are going off. This application is able to be edited in real time for special messages. There is a schedule and who the food vendors are and when the bands are playing, information on parking and the map of events. Rodney Campbell then mentioned the sponsors — Comcast being the signature sponsor. Partnerships were formed with KIIM — FMA97 -5, Wi Power is providing free internet in the park. KOLD and Fox 11 are sponsors, and Dan Marries will be the guest master of ceremonies. He also noted that the number of people viewing the website can also be tracked. D2: Presentation: Relating to Community Development; providing an update on the status of a proposed Pima County General Obligation Bond Election and the status of projects submitted by the Town of Marana for possible inclusion in the Bond Election. Presented by T. VanHook, reported that the bond commission has been meeting since 2011 with 107 meetings to discuss the nature of projects to be included. They are now working toward a 2015 election. Ms. VanHook presented the original prioritized nine projects of the town. Only one project —the BOR Sports Park fell to number 8 of 9 and was then removed from consideration. The commission is now looking at administrator recommendations of which there are two totaling $18.9M. He is recommending that the bond commission consider $ l OM for economic development activities for Heritage Park and $8.9M and recreational facilities in the Heritage Park. The other two items that are in play because they received support from the commission are affordable housing $1.5M and neighborhood reinvestment for $1M. The subcommittee moved a total of $33M worth of projects forward in those two categories for jurisdictions across the county. The county administrator is recommending that the dollar amount in total across the county be reduced to $35M, so there are still some things in play. Currently, the commission has moved forward $1.2B worth of projects, but their final list is projected to be between $500 -700M. So there are a lot of projects left to be cut. The commission will start those deliberations in September. The hope is that before Lisa Shafer will be her successor in following projects still in play. The hope is that before they stop deliberations for the winter, they will have a package ready for a bond election in the fall of 2015, they would have the spring and summer to do the public education. She then introduced Greg Wexler who sits on the bond commission and is available to answer questions on the status of the bonds. Conversations are focusing on jurisdictional priorities. Mr. Davidson thanked T for all of her hard work for the town, and noted that this is her last council meeting before she moves to another organization. D3: Presentation: Relating to Utilities; discussion, consideration, and possible action regarding a proposal to use impact fee funds to support the development of a new water system on Tangerine Road, east of I -10, to support active and potential future development along the Tangerine Road corridor. Presented by John Kmiec, who gave some background on the current and proposed service area of Marana utilities. The area under consideration is not being supported by municipal water at this time, but the town does intend to invest in that area and June 24, 2014 Study Session Minutes 2 Regular Council Meeting - July 1, 2014 - Page 114 of 122 support development, particularly with commercial opportunities between Dove Mountain Boulevard and I -10/ Tangerine. There have been discussions in the last few months with two key developers — Tangerine Business Park and Marana Technology Campus. If an agreement can be worked out with these two entities, the town will be able to build infrastructure that will supply water to the east Tangerine corridor. The agreements would stipulate the contributions and responsibilities of all parties. There are two options being considered - Option A and Option B. Mr. Kmiec then discussed each option referencing the various slides. The funding slide summarized the potential partners —Town of Marana, Tangerine Business Park and the Marana Technology Campus. Total project cost is $1.56M to $1.61M. From an operations and maintenance perspective, the preferred Option A to have the well next to the reservoir because it saves energy costs. Greg Wexler spoke on behalf of the Marana Technology Campus, giving some background as well as the various stages of development and potential financial impact. After general discussion on the funding sources and cost - sharing, Mr. Wexler asked for a reduction of $130K from the share required by the Marana Technology Campus. A motion to approve the use of impact fees as presented and continue negotiations with developers was made by Council Member Bowen, seconded by Vice Mayor Post. Passed unanimously 6 -0. D4: Presentation: Relating to Police Department; discussion, consideration, and direction regarding the possible construction of a new, fully functional police facility, including location and funding options. This item was presented by Chief Rozema, who began with an overview of the need for the facility. He highlighted areas needing improvement including training and development, parking, a new fitness program, holding areas, evidence /storage and community rooms. Next he reviewed the funding aspects and location options. Three locations were identified, each presenting opportunities as well as challenges. The first is the Civic Center Campus. Infrastructure is in place and we own the property, and the facility could spur additional growth in this area. Of the eight acres available, five and a half acres would be used. CORE Construction and WSM Architects helped with some of the site plans, and both have experience in building police facilities. The only drawback for this location now is that it is on the far north end of the service delivery area. To help mitigate that, Vintage Partners is interested in having a storefront or substation at the Twin Peak area. The next location is Twin Peaks and Linda Vista on property owned by Red Point Development. This is a 38 -acre parcel, and they are amenable to working with the town. This is a great location in terms of efficiency. The down side is cost because this is a more expensive site to build on. Red Point would prefer to keep the front half and have the town take the back half of the parcel which is more expensive to build on. And there is a 404 wash to be dealt with. But there is an opportunity to partner with Northwest Fire which is a positive. Directly adjacent to June 24, 2014 Study Session Minutes 3 Regular Council Meeting - July 1, 2014 - Page 115 of 122 that parcel is a 19 -acre parcel, but it hasn't appeared that the property owner was anxious to sell except for high dollars. The last site is the current MOC building which is owned by the town; it's site -ready except that some of the modular buildings would have to be removed. One of the upsides is that we could present a nice facade to the public. The up and downside is that it's on the south end but that is where a lot of calls are coming from now. This location would require maintaining something on the north end as well. Costs for the north (MMC) location are estimated at $20,464M. The Twin Peaks location estimated at $23M; and $22M for the adjacent property and $20,560M at the south (MOC) location. Chief Rozema also discussed how the sites were rated. The TI construction at Ina Road in July 2016 would have an impact on the efficiency. If that site is chosen, the Chief recommends not building a new station until after the Ina construction is done. Erik Montague took Council through the funding options. General discussion ensued regarding location, a timeframe to complete the project and financing. Each location has its benefits as well as challenges. Mr. Davidson noted that the Ina Road interchange construction prompted looking at a new facility. It will be a minimum of two years before that construction begins, so even if the preliminary work on the police facility started now, there would most likely be an overlap of construction. He noted that the ultimate goal is to have a facility that complements everything police personnel are trying to achieve. We are going to struggle with how to pay for the facility. Right now the big issue is location. If we are looking at an alternate site (to the MMC campus), we are going to add $3M to the top. If we don't have any money now, trying to get another $3M adds to the challenge. One way to make the decision is to look at the cost of developing the land. As the Mayor noted, the infrastructure is in place at the MMC. This area will continue to grow and calls will increase in this area. Currently, most calls are coming south of Twin Peaks. So how they deploy resources, organize the districts and shifts — they're going to have to be very strategic about that. There have been discussions with the developer at the Marana Center mall to have a storefront there, so that could solve a place for reports and computer access. Mayor Honea suggested a two -part motion to identify the MMC campus site for building the new facility when we identify funding, and the second part of the motion is to direct staff to work on the impact fee that new residents would pay that would help mitigate some of the improvements for that facility. There was no second that motion. Mayor Honea then made a motion for the new facility to be at MMC campus location, second by Vice Mayor Post. Mayor Honea asked the Town Clerk to poll the Council. The motion passed 4 -2 with Council Members Bowen and Ziegler voting nay. Mayor Honea made a second motion to direct staff to work on the impact fee process and bring it back to Council for approval. Council Member Ziegler asked for discussion. She is concerned about adding more impact fees onto residents. Council Member Comerford suggested that this topic is a good one for citizen and business discussion. Mayor Honea concurred that if we don't identify a funding source, we can't do this. June 24, 2014 Study Session Minutes 4 Regular Council Meeting - July 1, 2014 - Page 116 of 122 Mr. Davidson said that talks will continue as everyone has agreed to the need for the facility, and staff will keep brainstorming and reach out to community groups and businesses, the Forum and other groups that work closely with the town to get feedback and bring back to Council what's appropriate for approval. Council took a brief recess beginning at 8:32 p.m., and reconvened at 8:39 p.m. D5: Presentation: Relating to Parks and Recreation; discussion, consideration, direction and possible action regarding the development and construction of the Marana Heritage River Park. Mr. Davidson introduced the item an update on the status of the park. At the last meeting, the discussion was what could be done at the proposed arena site and the overall business model. Staff has done additional analysis and outreach. Jen Christelman presented a recap and highlighted features to present a clearer picture. She gave an overview of the park, and updates and costs to date for the farm, splash pad and ranch. Currently, staff is working on the roadway improvements, coming into the farm, the parking lot at the heritage house, restrooms and an additional parking area. Staff will have hard bids for construction the second week of July. With respect to the ranch evaluation, she noted that an Equestrian Stakeholder Working Group had been formed and provided staff with a wish list. This was given to the landscape architect and the team designing the entire park. The resulting designs were taken back to the stakeholder group and got some ideas on how to change the layout. At that point, per Council direction, staff contacted an expert, Sergio Martinez, an architect with vast experience working with many arenas around the United States and a member of the Tucson Rodeo Committee, and Tim Lynch, General Manager of the Horseshoe Park & Equestrian Center in Queen Creek both provided comment on building and supporting an equestrian center at the Heritage Park location. Parking and having hotels near the arena(s) is huge draw for event competitors. Based on recommendations from the stakeholder groups and Mr. Martinez and Mr. Lynch, staff provided a new layout for which she then provided detail on the remaining features. Next, she presented a fly -over video of the features of the arena grounds. Ms. Christelman thanked the team who worked on the project to date. Mr. Davidson thanked Jennifer for her work and opened the discussion. Council Member Comerford complimented her on due diligence on all the points she had made. Council Member Ziegler asked Clay Parsons, who was in the audience, to offer his comments. Mr. Parsons noted that Mr. Davidson and former Deputy Town Manager Del Post had invited him to the arena site some time ago and asked for his comments. He noted the site is very well designed, although it won't pay for itself. It's what you get from the outside that adds to the community. His concern is the location with regard to horses and people and houses, and the costs associated with developing the property. His opinion is that one of the reasons Queen Creek is popular and booked all the time is because of access. Vice Mayor Post posed the question of whether Council wants a park or if they want an equestrian center. He believes they are two separate entities. He feels that Council should make the distinction. Also, we don't have any money — except for the $2M that was added to the June 24, 2014 Study Session Minutes Regular Council Meeting - July 1, 2014 - Page 117 of 122 budget for contingencies. He is having a difficult time as a council member making the best decisions for one -at -a -time projects. He likes the idea of an arena in Marana, but in light of other projects and whether we're trying to have a park or an equestrian center, which he believes are completely different. He is not sure that an equestrian center belongs at the heritage park location. Council Member Ziegler said that if we're going to do this (project) we need to see what we're pulling. We can't keep all projects going, and we need to make sure the core services are there first. Is there a spreadsheet of all the projects and their costs. Mr. Davidson stated that the 5 -year CIP document does provide that information. The sewer ($6M) has a mechanism for payback. There was contingency money loaded into the budget for Council to allocate funds to the Heritage Park or any other item. The police facility issue is going to involve new revenue sources or streams. It would take years to save up and pay for it. So, the police facility has to be taken out of the context of the other projects. The heritage park facility won't be like any other park facility. It will be a tourist attraction representing Marana and who we are, and so it's much more than a "park ". When you look at the CIP and what's loaded in there, that's years into the future and includes amphitheaters, walkways and landscaping. Most of that could be done years from now. Bond money is still on the table if it's approved by the voters. The covered arena would probably have to be done under that scenario. But jump- starting the project is viable. Council wasn't ready to move forward on this item in light of the other commitments coming on board and no known way at this time to pay for it. No action was taken. D6: Relating to Administration; consideration and discussion of Town of Marana Strategic Plan III. Mr. Davidson asked if Council was comfortable with him continuing to work with a team to come back to Council with a final document. If Council has input or sees something that doesn't make sense, please let him know, and he'll get it into the final document. Council Member Bowen and Vice Mayor Post offered to assist Gilbert. Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E1: Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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). June 24, 2014 Study Session Minutes Regular Council Meeting - July 1, 2014 - Page 118 of 122 ADJOURNMENT. Motion to adjourn at 9:32 p.m. by Vice Mayor Post, second by Council Member McGorray. Passed unanimously 6 -0. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on June 24, 2014. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk- June 24, 2014 Study Session Minutes Regular Council Meeting - July 1, 2014 - Page 119 of 122 WN f 9 ARANA 1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, July 1, 2014, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Commerce Item A 1 Strategic Plan Focus Area - Additional Information: Initiative 4(b)(viii): Increase land -use potential within the Twin Peaks Economic Activity Center Subject: Relating to Real Estate; Reauthorizing town staff to proceed with the sale by public auction of approximately 3.09 acres of Town -owned land located at the northwest corner of Twin Peaks Road and Casa Grande Highway (Interstate 10); and approving revised terms and conditions for the sale Discussion: The Town owns a 3.09 acre remnant of property at the northwest corner of Twin Peaks Road and Casa Grande Highway (Interstate 10). The Town acquired the property as part of a larger parcel that was needed for the Twin Peaks interchange project. The remnant has sometimes been referred to as the Pioneer remainder in previous Council actions and discussions. On April 29, 2014, the Council authorized town staff to sell the remnant at public auction, as authorized by A.R.S. § 9 -402, and approved terms and conditions for the sale. At that time, the most recent appraisal of the Pioneer remnant was from December 2011, when the property was appraised "as is" for $376,800. To take into account any increase in the property value since December 2011, town staff was in the process of having the property re- appraised. Believing that the new appraisal would indicate a higher property value, town staff recommended and the Council agreed to set a minimum bid for the property at the new "as is" appraised value, plus costs (e.g., appraisal, advertising, legal description). The appraisal update was completed on May 8 and concluded that the Pioneer remnant's value had dropped to $269,000, based primarily on a nearby sale to John Deere. Town staff requested the appraiser to reconsider the value based on new information about the John Deere sale. The appraiser then met with the seller's representative involved in the John Deere sale, and issued an appraisal update on June 11, Ending that the corrected value of the property is $323,000. Town staff proceeded with the June 23 auction of the Pioneer remnant for a minimum bid of $385,968 -- the December 2011 appraised value plus costs. A representative for one adjacent property owner attended the auction, but no bids were submitted and the property was not sold. Town staff now seeks authorization to auction the Pioneer remnant using the June 11 update appraisal of $323,000 to determine the minimum bid. The Pioneer remnant does not have direct roadway access. It abuts access - controlled portions of the Regular Council Meeting - July 1, 2014 - Page 120 of 122 Interstate 10 frontage road and Twin Peaks Road. As a result, the most likely buyer of the remnant is one of the two adjacent property owners -- San Joaquin Land Investments, L.L.C. and Southwest Mining & Development, Inc. Neither of the two adjacent properties is located in the town limits of Marana, although San Joaquin has entered into a pre- annexation development agreement in anticipation of being annexed. The Town's Strategic Plan and the Marana Economic Roadmap promote economic development of the Twin Peaks Economic Activity Center. To that end, the Town has been actively seeking annexation of remaining unannexed properties in the Twin Peaks interchange area for several years. The remnant and other surrounding publicly owned rights -of -way and parcels were annexed into the Town by Ordinance No. 2013.018, adopted on August 6, 2013. To promote economic development of the area for the Town's benefit and to avoid confusion about whether future retail sales occur within or outside the town limits, Town staff recommends that purchase of the remnant by an adjacent property owner be conditioned upon annexation of the adjacent property into the town limits of Marana. To that end, if the remnant is purchased by an adjacent property owner, Town staff recommends delaying the Town's execution of the deed for the remnant until the effective date of the annexation ordinance annexing the adjacent property into the town limits of Marana. The remnant was acquired to fulfill the Town's obligation under an intergovernmental agreement with Arizona Department of Transportation to acquire all necessary right -of -way for the Twin Peaks traffic interchange project. Under the ADOT IGA, all property acquired for the project is technically controlled by ADOT until the ADOT Board of Directors adopts a resolution formally establishing the permanent State of Arizona right -of -way. So even though legal title to the remnant is held by the Town, and the specific future State right -of -way line has been administratively approved, Town staff recommends that the deed conveying formal legal title to the remnant not be signed until the formal ADOT resolution is adopted. Town staff recommends that the Town's title, appraisal, legal description, and newspaper publication costs of $10,018 associated with the auction be paid by the successful bidder. To assure that the Town receives fair market value of the property, Town staff recommends that the minimum bid for the property be set at $333,018. This is the sum of $323,000 (the appraised "as is" value of the property, as determined by the June 11 updated appraisal), plus the $10,018 in costs. A Town - maintained, improved drainageway is located along the north boundary of the remnant. Town staff recommends that the sale be subject to the reservation of a drainage easement in favor of the Town, with the drainage easement's legal description to be approved by the Town Engineer. To assure participation by serious bidders only, Town staff recommends that the successful bidder present a cashier's check in the amount of $33,302 (10% of the minimum bid) immediately upon completion of the auction. To assure maximum exposure of the property, Town staff recommends that one or more signs be placed on the property, giving notice of the upcoming auction. If the Council approves the proposed motion for this item, Town staff anticipates the following estimated timeline for this auction process: 1 July 8 -11: Publication of invitation for bids (four consecutive days in the Daily Territorial) 1 July 11: Notice of auction posted on the property 1 September 2: Public auction/receipt of deposit 1 November 18: Adoption of annexation ordinance (if buyer is an adjacent property owner) 1 December 19: Effective date of annexation ordinance; execution of the deed transferring the remnant to the successful bidder Financial Impact: The short -term financial impact is the Town's receipt of proceeds from the remnant parcel's sale. The Regular Council Meeting - July 1, 2014 - Page 121 of 122 long -term financial impact is the Town's receipt of future sales tax proceeds from the remnant and its development. ATTACHMENTS: Name: Description: No Attachments Available Staff Recommendation: Type: Staff recommends that the Council adopt a motion authorizing town staff to proceed with the sale of the remnant by public auction subject to the following terms and conditions, all as explained more fully in the staff report: 1. If the remnant is purchased by an adjacent property owner, the deed for the remnant shall not be executed by the Town until the effective date of the ordinance annexing the adjacent property into the town limits of Marana. 2. The deed conveying formal legal title to the remnant shall not be signed until the formal ADOT resolution is adopted. 3. The minimum bid for the property is $333,018 (the June 11 appraised "as is" value, plus costs). 4. The sale is subject to the reservation of a drainage easement in favor of the Town for the Town - maintained, improved drainageway located along the north boundary of the remnant, the exact legal description of which is to be approved by the Town Engineer. 5. The successful bidder must present a cashier's check in the amount of $33,302 (10% of the minimum bid) immediately upon completion of the auction. 6. The auction shall be held not less than 30 calendar days after the last publication date of the invitation for bids for the purchase of the property. Suggested Motion: I move to reauthorize town staff to proceed with the sale by public auction of approximately 3.09 acres of Town -owned land located at the northwest corner of Twin Peaks Road and Casa Grande Highway (Interstate 10), subject to the revised terms and conditions recommended by staff. Regular Council Meeting - July 1, 2014 - Page 122 of 122