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HomeMy WebLinkAboutResolution 2016-085 Approving amendments to the Town's Personnel PoliciesMARANA RESOLUTION NO, 2016 -085 RELATING To PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 5 — WORK RULES 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, 1.999, which have been amended from time to time; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures as set forth in this resolution is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL Or THE TOWN OF MARANA, ARIZONA, as follows: SECTION L Chapter 5 of the Town's Personnel Policies and Procedures, entitled "`]York Rules" is hereby amended as set forth in Exhibit A attached to and incorporated by this reference in this resolution, with deletions shown with and additions shown with dou- ble underlininY SECTION 2. All ordinances, resolutions, or motions and parts of ordinances, resolu- tions, or motions of the Council in conflict with the provisions of this resolution are hereby re- pealed, effective as of the effective date of this resolution. SECTION 3. 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 ofthe aforementioned amendments. Marana Resolution No. 2016 -085 PASSED AND ADOPTED b the Ma and Council of the Towii of Marana, Arizona, this 6th da of September, 2016. N ANA 7 ATTEST: 70 Ma Ed Honea APPROVED AS TO FORM: 0 -1 0c—c I y n I - Bronson, Town Clerk rVk CasMU, fown At�6rV Marana RCSOILItIon No. 201 6-085 MARAN TOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE [No revisions to Policy 5 -11 POLICY 5 -2 PERSONNEL FILES The Human Resources Department maintains an official personnel file and a separate medical file on each employee. The personnel file contains documentation regarding all aspects of the employee's tenure with the Town, such as employment history, performance appraisals, and disciplinary action notices. The medical file contains documentation such as employee benefits elections and medical leave information. [No revisions to Section 5 -2 -11 Section 5 -2 -2 Department Personnel Files A. The employee's current department may also maintain a personnel file regarding the employee's tenure with the department. If maintained, the department personnel file L.RAL L%, %,&A ..m_a contain the following items: 1. Name 29. Emergency contact information 34. Personnel Action Forms and supporting documentation 4-5. Performance a aisa� assessment documents 56. Documents of all formal disciplinary actions and grievance/ appeal actions not alleging discrimination 67. Outside employment documents 78. Employment application(s) 8-9. Employee time and leave records including leave request documents and time sheets 94-9. Education reimbursement application forms B. Employees may provide work - related documents, such as letters of commendation, school transcripts, and updated resumes for inclusion in the emp loyee's official or department personnel file. C. Each department should also maintain copies of the non - medical portions of risk management files related to worker's' compensation reports and supervisor's copies of acc injury reports. Exhibit A to Marana Resolution No. 2016 -085 1 M 7OWN OF MAI ANA *1 "alk. - R.A WORK RULES AND EMPLOYEE DISCIPLINE D. Department personnel files shall be relocated to the receiving department upon employee transfer. The transferring department may retain only the following information: 1. Name 2. Address 34. Personnel Action Forms and supporting documentation E. As a general rule, departments shall maintain only the employee records listed in this section in department personnel files. Questions regarding the contents of department personnel files should be referred to the Human Resources IQ ens r- to [No revisions to Sections 5 -2-3 and 5 -2-41 Section 5 -2 -5 Records Release A. Personnel files and employment records of public employees are considered public records. Upon receipt of a proper public records request, records that are not made confidential by law may be released to the extent required by Arizona's public records law, A.R.S. § 39-121 et seq. B. Employment records may be released Du rsuant to a valid subpoena or court order. C. Employee names, dates of service, positions held, and compensation may be released without legal inquiry. DC2.In the absence of a public records request, sub oena or court order other information contained in an employee's personnel file will only be released with the express written permission of the employee. [No revisions to Section 5 -2 -61 POLICY 5-3 PERSONAL APPEARANCE Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the organizational image the Town of Marana presents to the general public. During business hours, employees are expected to present a clean and neat appearance and to dress Exhibit A to Marana Resolution No. 2016-085 2 - �_nmaww = i e w MARANA TOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE according to the requirements of their positions. Department Heads are responsible for determining and enforcing the dress code for their respective areas of responsibility. [No revisions to Sections 5 -3w1 and 5-3 -2 1 Section 5-3 -3 Uniforms A. Employees who are required to wear a uniform of any type in the performance of their duties will be provided a uniform by the Town. B. The Town may engage a uniform service company for laundering of uniforms. Laundering, cleaning and general upkeep of uniforms is the responsibility of each employee, whether the employee chooses to use the uniform service company or to self- - wash uniforms. C. Employees should be aware that the furnishing of uniforms and maintenance or replacement allowance, if any, may, under certain circumstances, be considered a taxable benefit. D. ' Employees shall return all articles of uniform a argil still in their possession to their sup ervisor upon termination of their . ....... employment with the Town. Supervisors shall count the articles returned to ensure all are received. Employees will be required to rep lace a ny miss articles of uniform aim arel at the employ expense. Failure to do so may result in the value of an unreturned Town p be deducted from the emp loyee's final pavchec k. POLICY 5 -4 USE OF COMMUNICATIONS SYSTEMS AND EQUIPMENT Electronic mail (e-- mail), voice -mail, telephone, online subscriber services and the Internet are all information management and communications tools that are important parts of the way that the Town of Marana does business. Employees shall use these systems and associated equipment in an appropriate manner at all times. [No revisions to Sections 5 -4 -1 through 5 -4 -31 Section 5-4 -4 Additional Employee Responsibilities A. Employees shall maintain the secrecy of all passwords, identification numbers, or other means of entry onto the Town's computer systems and networks. The To is the holder of all passwords, identification numbers, and other means of entry and no employee will use a pass code or voice mail access code that is unknown to the Town or that is not expressly author by the Town. The Town Manager m ay establish administrative directives regarding the establishment and use of passwords. Exhibit A to Marana Resolution No. 2016 -085 3 11 M 'SOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE B. Employees shall cooperate with authorized Town officials in any investigation involving the Town's electronic communications systems. C. Employees may load outside files from an acceptable and known source onto the Town's computer system. Employees shall obtain approval from the Technology Services Department for all other outside files prior to loading such files in the Town's computer system. D. Employees are i2rohibited from usin Town communications systems and e ui ment to access social media sites unless the employee uses social media to conduct Town business as a art of the emj2 1 s official ' res onsibilities or the em to ee is consumine, sharing, or commenting on Town news and posfiUs. [No revisions to Sections 5 -4-5 and 5-4-61 Wel - M�� ■ I in 16s Each supervisor shall have the responsibility and authority, with the approval of the Department Head and /or General Manager, to administer appropriate discipline to subordinates using a positive progressive discipline process as a corrective measure. Section 5-5 -1 Progressive Discipline A. Progressive discipline is an employee disciplinary system that provides a graduated range of responses to employee performance or conduct problems. The Town's discipline system includes a series of increasingly severe disciplinary actions, ranging from � �-- bh i.Ll corrective action memorandum to termination. However, this does not mean that every step in the graduated range of disciplinary actions will occur in an ordered sequence in every case. B. Progressive discipline is a general guideline for supervisors. The totality of the circumstances will dictate the appropriate level of discipline for each incident. Review of the particular facts and circumstances, such as the severity of the offense and an employee's disciplinary history, whether for the same type of offense or not, may indicate that more severe disciplinary measures, up to and including termination, are appropriate. C. All employees are subject to termination when, in the sole opinion of management, an employee's job performance or conduct threatens the well -being of the Town, its employees or its citizens, regardless of whether progressive discipline steps have been administered. [ No revisions to Section 5 -5-21 Exhibit A to Marana Resolution No. 2016-085 4 - �_Xwmwi 4 ne MARANA TOWN OF M ARANA A WORK RULES AND EMPLOYEE DISCIPLINE Section 5 -5 -3 Types of Disciplinary Action A. er a 1 - +—I% ^r r* dCorrective Action Memorandum: A x V 14 ; n fiLewritten memorandum to the employee documenting the reason for disciplinary action 1. The , V r L :A 1 orrective action memorandum shall be given to the employee in a private meeting. The supervisor may have an appropriate witness present during this meeting. 2. The supervisor shall inform the employee that the supervisor is issuing a Directive action memorandum, that the employee is being given an opportunity to correct the issues which led to the action, and that if the issues is are not corrected, the employee will be subject to more severe disciplinary action. 3. The on inal corrective action memorandum shall be si ned by the employee and laced in the employee's official personnel file. If the em to ee refuses to si acknowledaina receipt of the corrective action memorandum then the supervisor and one other witness shall note on the memorandum that the employee received a copy and refused to si n it. A covy of the corrective action memorandum shall be eiven to the emnlovee and included in the emplovee's devartment__Dersonnel file.-A w w■ w w■ r■ r r ■ w w �� ■ w w w w �� ■ ■ w r +r m ■ B. Written Reprimand: A written notice to the employee documenting; the reason for the disciplinary action. 1. The written reprimand shall be given to the employee and its contents shall be explained to the employee by the issuing supervisor in a private meeting. The supervisor may have an appropriate witness present during this meeting. %_ %_-P 1..L L YA%- t A %..Y 1. L V i. N.J.. L Y A L L Y %- V `&b` 4A " k X11 ` A` `4 V " i 41 Lt.4 r f T JL %_&% -A R.4 V U � i L" i%. R.�. J ■ 2a. The original written reprimand shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the written reprimand, then the supervisor and one other witness shall note on the reprimand that the employee received a copy and refused to sign it. A copy of the written reprimand shall be given to the employee and included in the employee's department personnel file. Exhibit A to Marana Resolution No. 2016 -085 5 f OR M 7UWN OF iv AMNA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE C. Suspension Without Pay: Involuntary time off with loss of pay. . The number of days of suspension will depend on the severity of the infraction, but shall not exceed 30 working days. D. Demotion: A reassignment to a lower position classification. .L1%_fX L1.%_.L.,._1...L. AA.L.J..,.,,er eenaLAILEAE "a:LnL%d,1L/er- eo istent ifflfflflbilit 'E.A. meet i0lb 4:% e r f c130 r vLLAL a" n e . Demotion is not a substitute for dismissal when dismissal is warranted. 1. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a demotion. Therefore, the provisions of this policy do not apply to such action and the action is not subject to review under the personnel action review procedures of this chapter. E. Reduction in Pay: A reassignment to lower pay within the same position classification. z4 .A reduction in pay is considered to be a final behavior correction opportunity. 1. No change in classification occurs as a result of a reduction in pay. 2. Employees who fail to complete an initial evaluation period in a promotional position and who are restored to their former position under the provisions of these Personnel Policies and Procedures are not considered to have been disciplined with a reduction in pay. Therefore, the provisions of this policy do not apply to such action and the action is not subject to review under the personnel action review procedures of this chapter. 3. Assignments, transfers or reassignments, including those to or from lead positions or special positions, are not considered a reduction in pay for purposes of these Personnel Policies and Procedures. F. Termination: The involuntary, permanent removal of an employee from employment with the Town. The terms "termination" and "discharge" are sometimes used interchangeably in these Personnel Policies and Procedures. Termination does not include a layoff as defined in these Personnel Policies and Procedures. � ' M;Ixx r r r A.Me to 6.Y %-.AL A W %A LV AA LLY LAL A %,& AA L%C L­X %_.1 A 14..aitiaaer Termination miifix also occur- offenses of a loss serious nature 0-r r if 'Le eoniAue Exhibit A to Marana Resolution No. 2016-085 6 MARAN TOWN OF MAGNA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE 1. Employees serving in an initial evaluation period either as a new hire or in a promotional position are at-will employees as defined in these Personnel Policies and Procedures. As such, during the initial evaluation period, employment may be terminated at any time, with or without cause. The decision to terminate employment shall be made by the employee's Department Head and/or General Manager after consultation with and approval by the Human Resources Director. The employee shall be notified in writing that he or she has failed to successfully complete the initial evaluation period. The decision to terminate employment during the initial evaluation period for either a new hire or an employee in a promotional position is not subject to review under the personnel action review procedures set forth in this chapter. [No revisions to Section 5 -5-4] Section 5 -5 -5 Grounds For Disciplinary Action rounds for discirlinm action up to and includin termination include, but are not limited to, the following: A -1. Dishonesty, including intentionally giving false information, intentionally falsifying records or making false statements when applying for employment, lying to supervisors in connection with the employee's job, or falsifying time sheets or other payroll records. B2-. Discrimination or failure to abide by Equal Employment opportunity regulations, including sexual or other harassment of a protected class. C -3. Reporting to work under the influence of alcohol or drugs or using such substances while on Town property. D4. Theft or removal of Town money, merchandise or property, including property in the custody of the Town, without permission. E5. Unauthorized or unlawful possession of firearms, other weapons or explosives in Town facilities or while on Town business. F6. Conviction of a criminal offense. G7. Acts of workplace violence, including violence or threats of violence in the workplace or against other employees or members of the public. H8. .insubordination. I. Failure to maintain the minimum qualifications of the employee's position. Exhibit A to Marana Resolution No. 2016 -085 7 s MARANA TOWN OF MARANA WORK RULES AND EMPLOYEE DISCIPLINE T. Inability to perform the full essential functions of the employee's regular position with or without a reasonable accommodation, for greater than 12 months in a 24 -month period, as defined in these Personnel Policies and Procedures. K. Failure to up hold the Town's Cultural Values. w a W L w . w w r w ,w w a w r■ . •� w w w � AR w w w r rr w Mr wr r r Mr ■ w w w ■ �w r, w a � � r a ■ L1-. Being absent from work without permission or failure to report to the supervisor, Department Head or General Manager when one is absent. M -2. Being habitually absent or tardy for any reason. N -3. Failure to follow the orders of one's supervisors). 04. Inability or unwillingness to perform the assigned job, failure to perform assigned work in an efficient or effective manner. P -5. Participation in prohibited political activities. Q 6. Acceptance of fees, gifts or other valuable items in the performance of the employee's official duties for the Town. R7-. Any action, on or off the job, bringing discredit to the Town. S8. Violation of any Town policies, administrative directives, or ordinances, or state or federal law. 19. Violating safety rules and regulations; being wasteful of material, property or working time; failure to observe proper security or safety procedures. U44. Inability to get along with fellow employees so that the work being done is hindered and not up to required levels; speaking critically or making derogatory or false accusations so as to discredit other employees or supervisors. Vim. The use of profanity or abusive language towards a fellow employee or member of the general public while performing official duties as a Town employee. WI-3. Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave pay falsely or under false pretenses. X44. Divulging or misusing confidential information, including removal from Town premises without proper authorization of any employee lists, records, designs, drawings or confidential information of any type. Exhibit A to Marana Resolution No. 201 8 .,. .......... .. ........ MARANA 'SOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE Y4-5. Improper use of the Town's electronic storage and communications equipment, as set forth in these Personnel Policies and Procedures and any administrative directives established by the Town Manager. Z4-6. Such other act, error or omission detrimental to the mission of the Town. Section 5 -5-6 Notice to Employee A. An employee to whom this policy applies, as set forth in Section 5 -5-2, shall receive 24 -hour written notice whenever the Town intends to take a disciplinary action resulting in termination, reduction in pay, demotion or suspension without pay. B. Notice under this section is not required for other types of actions including, but not limited to, A x p r L A I -- m An A ^orrective action memoranda, written reprimands, %­& *_ imposed leave, layoffs, assignments, transfers or reassignments, including those to or from lead positions or special positions. Notice under this section is also not required for those employees to whom this policy does not apply, as set forth in Section 5 -5 -2. C. The notice required under this section shall provide the following information: 1. Notice of the intended disciplinary action and the proposed date of implementation. Z. The reasons for the action. 3. The date and time, not less than 24 hours after the notice is given to the employee, of a pre- action meeting at which the employee may respond, verbally or in writing, to the written notice of intended disciplinary action. D. The original notice of intended disciplinary action shall be signed by the employee and placed in the employee's official personnel file. If the employee refuses to sign acknowledging receipt of the notice, then the supervisor and one other witness shall note on the notice that the employee received a copy and refused to sign it. A copy of the notice shall be given to the employee and included in the employee's department personnel file. E. Once an employee has been provided the notice required under this section, the employee may be placed on imposed leave under Section 5 -5 -4 pending the pre - action meeting. [No revisions to Sections 5-5 -7 and 5 -5 -8] POLICY 5-6 FORMAL PERSONNEL ACTION REVIEW PROCEDURES [No revisions to Sections 5 -6 -1 and 5-6-21 Exhibit A to Marana Resolution No. 2016 -085 9 mj_ ���� MARAN 1 4414k ,� I \ TOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLO DISCIPLINE Section 5 -6 -3 Sole Remedy This policy is the sole and exclusive internal remedy available to employees for resolving disciplinary actions that are subject to formal personnel action review, excent 0:1�' a � �'e���t e€ �4a���a��t� a �es�g�a- �e�- �t���e or"Anization mx% r h ave [No revisions to Section 5 -641 Section 5 -6 -5 Employment Actions Not Subject to Formal. Personnel Action Review Only the disciplinary actions specifically listed in Section 5-6 -4 are subject to formal personnel action review under this policy. All other employment actions are not subject to formal personnel action review. The following is an illustrative, but not exhaustive, list of employment actions that are not subject to formal personnel action review under this policy. A. Corrective action memoranda, written reprimands and suspensions without pay for 40 hours or less in a rolling 12- -month period. B. Termination during the initial evaluation period for either a new hire or an employee in a promotional position. C. Placement of an employee in, or the content or the structure of, the Town's classification plan. D. Placement of an employee in, or the content or structure of, the Town's salary plan. E. The content or structure of the Town's benefits programs. F. An employee's performance assessment exra I1 ka 6r.,A G. Extension of an evaluation period. H. Assignments, promotions, transfers or reassignments, including those to or from lead positions or special positions. 1. Municipal finance or budgetary issues. J. Layoffs. [No revisions to Sections 5 -6 -6 through 5 -6 -5 Section 5 -6 -9 Pre - Hearing Exchange of Information A. Within ten business days before the hearing, the Town and the appealing employee shall disclose to each other a list of the witnesses each anticipates calling at the hearing and Exhibit A to Marana Resolution loo. 2016 -085 10 f �- A MARANA TOWN OF MARANA CHAPTER 5 WORK RULES AND EMPL DISCIPLINE any documents each anticipates presenting to the PARB that have not previously been disclosed. B. within ten business days before the hearing, the Town and the appealing employee shall also disclose to each other the names, work addresses, and work telephone numbers of any individuals who will be acting as representatives for either party. C. Either party may request to interview the other party's witnesses prior to the hearing. Witnesses listed by either party may decide whether they wish to be interviewed prior to the hearing at their own discretion. Neither the Town nor the appealing employee shall interfere with any decision of a witness regarding whether to be interviewed prior to the hearing. D. The parties shall also comply with the provisions of A.R.S. title 38 cha ter S article 1 where applicable. [No revisions to Sections 5 -6 -10 and 5-6 -111 Section 5 -6 -12 Hearings before the PARB A. General Rules 1. The appealing employee shall appear personally before the PARB at the time and place of the hearing, unless the employee is physically unable to do so. 2. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. 3. The appealing employee may be represented by any person or attorney (other than a PARB Member or a Town employee) who is willing to represent the employee and who is not a witness or otherwise involved in the matter. 4. The Town may also be represented by an attorney or other representative acting on the Towns behalf. 5. The PARB may be assisted by an attorney who is Tow appointed by the Town Council for that �ur�ose. The PARB attorney will remain the same through individual appeals. The Town and the PARB shall be represented by separate attorneys. 6. The parties are individually responsible for their own attorney's fees, except that a law enforcement officer, as defined in A.R.S. § 38- 1001(4), may request reasonable costs and attorney's fees under the provisions of A.R.S. § 38- 1004(C), 7. Each party may call witnesses who were disclosed to the other party pursuant to this policy and who are believed to be relevant. Each party is responsible for securing the attendance of his or her own witnesses. The Town will make Town employees Exhibit A to Marana Resolution No. 2016 -085 11 r.j- w MARANA TOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE available for the hearing, if the identity of the Town employee/ witness is timely disclosed pursuant to this policy. 8. In the absence of good cause, no witnesses or documents shall be considered by the PARB that were not disclosed during the pre- hearing exchange of information unless the party offering the evidence can show that the evidence was newly discovered and could not have been timely discovered and disclosed in the exercise of reasonable diligence, that the evidence was promptly disclosed when discovered, and that the evidence is crucial. 9. The PARB may, at its discretion, exclude certain witnesses or documents even if timely disclosed if it finds such evidence to be irrelevant, cumulative, redundant, or overly inflammatory. 10. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal. 11. The Town bears the burden of demonstrating just cause for the disciplinary action by a preponderance of the evidence. 12. The hearing shall be recorded by audio or video recorder, or by other mechanical or electronic means and/or by a court reporter. 13. The cost of a copy or copies of any transcription of the hearing, including preparation of the transcript, shall be paid by the party or parties ordering the copy or copies. 14. The appealing employee may submit a written request to the Human Resources Director to withdraw the appeal at any time prior to the decision by the PARB. B. General Conduct of the Hearing 1. The Chairperson shall call the hearing to order, introduce all parties, summarize the issues and relief requested, outline the hearing sequence, and swear in all witnesses. 2. The hearing shall take place in a public meeting unless a majority of the members constituting a quorum of the PARB publicly vote to hold the hearing in executive session pursuant to A.R.S. § 38- 431.03(A)(1). 3. The hearing shall take place in a public meeting if the appealing employee, upon receiving appropriate notice pursuant to A.R.S. § 38- 431.03(A)(1) of the potential executive session, demands in writing that the hearing take place in public. 4. If the hearing takes place in a public meeting, the PARB may, upon a public majority vote of the members constituting a quorum of the PARB, hold an executive session at any time for the purposes listed in A.R.S. § 38- 431.03(A)(1), (2) and /or (3). Exhibit A to Marana Resolution No. 2016 -085 12 f w MARAN TOWN OF MARANA CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE 5. The hearing is informal and the technical rules of evidence shall not apply. The Chairperson shall preside over the hearing in such a manner as will best ensure the receipt of reliable evidence and fairness for the parties within the general guidelines of these procedures. The Chairperson shall maintain appropriate decorum throughout the conduct of the hearing. The decisions of the Chairperson on the conduct of the hearing shall be final, unless overruled by a majority of the members constituting a quorum of the PARB. 6. If the hearing is held in a public meeting, the PARB may, and at the request of either party shall, exclude prospective witnesses from the hearing during opening statements and the testimony of other witnesses. If witnesses are excluded from the hearing under this paragraph, the Chairperson shall also direct the witnesses not to communicate with each other until the closing arguments of both parties have concluded. 7. If the hearing is held in executive session, attendance at the hearing is limited to the appealing employee, the responsible Department Head or designee (who may be the supervisor who is directly involved in the matter), each party's attorney or representative, the PARB members, the attorney for the PARB, any Human Resources Department staff needed to assist the PARB with administrative tasks, and each witness during his or her testimony. The Chairperson shall instruct each person present at the executive session that discussions and testimony made at executive session shall be kept confidential. C. Default Decision If, after receiving proper notice, the appealing employee or responsible Department Head or designee falls to attend or participate in the hearing within fifteen minutes of the time set for the hearing, the PARB may enter a default against the party failing to appear. The PARB may reconsider a default decision upon a party's submission to the PARB of proof of exigent circumstances within ten calendar days of the default decision. D. Statements and Questioning of Witnesses 1. The Town or its representative may make an opening statement. 2. The appealing employee or the employee's representative may then make an opening statement. The employee or representative may reserve his or her opening statement until the close of the Town's evidence. 3. The Town shall present its case first, calling witnesses and presenting its evidence to establish the reasons for the employment action that is the subject of the appeal. 4. The appealing employee or the employee's representative may ask questions of the Town's witnesses after the Town has completed the questioning of each witness. Exhibit A to Marana Resolution No. 2016-085 13 �. f � n ss�, MARANA TOWN OF MARANA CHAPTER. 5 WORK RULES AND EMPLOYEE DISCIPLINE 5. The Town may then ask further questions of the its witness, limited to those areas raised in the appealing employee or representative's questioning of the witness. 6. After the Town's witness testifies and the appealing employee or representative and PARB members have had an opportunity to ask questions, the witness will be dismissed. 7. when all witnesses of the Town have been heard, the appealing employee/ representative will present his/her witnesses and evidence in the same format. The Town may ask questions of the employee's witnesses after the appealing employee/ representative has completed questioning the witness. The appealing employee/ representative may then ask further questions of the witness, limited to those areas raised in the Town's questioning of the witness. 8. Rebuttal witnesses may be permitted to testify as the PARB determines appropriate. 9. PARB members may ask questions of a witness at any time. 10. After all witnesses have been questioned, the Town may make a closing argument. The appealing employee or representative may then make a closing argument. Because the Town has the burden of supporting its decision, the Town may make a second closing argument in rebuttal to the employee's closing argument. 11. Because the Town has the burden of supporting its decision, the appealing employee and/or representative will not be permitted to make a second closing argument. [No revisions to Sections 5 -6 -13 through 5- 6.171 [No revisions to Policy 5 -7] POLICY 5 -8 INFORMAL PERSONNEL ACTION REVIEW PROCEDURES [No revisions to Sections 5 -8 -1 through 5-8 -31 Section 5 -8 -4 Disciplinary Actions Subject to Informal Personnel Action Review Only the following disciplinary actions shall be subject to informal personnel action review under this policy: A. action memoranda B. written reprimands C. Suspensions without pay for 40 hours or less in a rolling 12 -month period. Exhibit A to Marana Resolution No. 2016 -085 14 .� tw .. . ....... ... MARANA TOWN OF MARANA CHAPTER 5 WORK RULES AND E MPLOYEE DISCIPLINE Section 5 -8 -5 Informal Personnel Action Review Steps A. Step One 1. To request review of a disciplinary action that is subject to informal review under this policy, the employee must file a written request for review with the supervisor who issued the discipline within ten business days of the date the employee receives notice of the disciplinary action. 2. The request for review shall be on a form provided by the Human Resources Department. 3. Within five business days of the supervisor's receipt of the employee's request for review, the supervisor shall provide a written response to the employee on the form provided. 4. If the Department Head is the supervisor who issued the disciplinary action, their L.JL.L%- recess the em to ee shall file the written request for review with the General Mang er if any, or with an Assistant Town Manager or Del2uiy Town Mana er desi Hated by the Town Mang er to receive such re uests. The informal review ends at this step in this s and. the General Mana er's Assistant Town Mana er's or De u Town Mana er's The n%erp%; __ � r -a,.. _ e,�, _ _ _A____ _ u %d decision is final. and not appealable within an Town process. r ___ B. Step Two 1. If the procedure in Step One does not resolve the issue to the employee's satisfaction and does not involve a final decision of the _ r _L �- - _ , e- __ __ _ eneral Mana er Assistant Town Mana er or Deputy Town Manager, the employee may request review of the disciplinary action by filing the written request for review, on the form provided, with the next level manager, if any. The employee must file the request for review within five business days of receipt of the supervisor's written response. The request for review must include a written response to the supervisor's comments, indicating the areas of disagreement with the supervisor's comments and a proposed solution. 2. Within five business days of the manager's receipt of the employee's request for review, the manager shall provide a written response to the employee on the form provided. 3. If there is no next level manager between the supervisor issuing the discipline and the Department Head, the employee may proceed directly to Step Three. C. Step Three 1. If the procedure in Step Two does not resolve the issue to the employee "s satisfaction, the employee may request review of the disciplinary action by filing the Exhibit A to Marana Resolution No. 2016-085 15 . r. MARAN TOWN OF MAPANA WORK RULES AND EMP LOYEE DISCIPLINE written request for review, on the form provided, with the Department Head. The employee must file the request for review within five business days of receipt of the manager's written response. The request for review must include a written response to the manager's comments, indicating the areas of disagreement with the manager's comments and a proposed solution. Z. Within five business days of the Department Head's receipt of the employee's request for review, the Department head shall provide a written response to the employee on the form provided. 3. "" ta ee s ews, s0f theThe Department Head's decision is . final and not appealable within any Town process. [No revisions to Section 5 -8 -61 Exhibit A to Marana Resolution No. 2016 -085 16