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Home My WebLink AboutResolution 2017-076 Approving Amendments to Town's Personnel Policies & Procedures MAnANA RESOLUTION NO. 201.7-076 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE To",S PERSONNEL POLICIES AND PR.00ED'UR.ES, REVISING CHAPTER 5 - WORK RULES AND EMPI.aOYEE DISCIPLINE; AND CHAPTER 8 — TERMINATION OF EM- PLOYMENT 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, which have been amended from time to time; and wfll.REAS 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 OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1, Chapter 5 of the Town's Personnel Policies and Procedures, entitled "Work Rules and Employee Discipline" is hereby amended as set forth in Exhibit A attached to and incorporated by this reference in this resolution, with deletions shown with strike$rts and additions shown with double underl*' . SECTION 2. Chapter 8 of the Town's Personnel Policies and Procedures, entitled ,,'termination of Employment" is hereby amended as set forth in Exhibit B attached to and incor- porated by this reference in this resolution, with deletions shown with and additions shown with double underlining. SECTION 3, All ordinances, resolutions, or motions and parts of ordinances, resoluw 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-4. The Town's manager and staff are hereby directed and authorized to un- dertake all other and. further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. Marana Resolution No.2017-076 PASSER AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1st day of August, Zoll. Mayor E Honea ATTEST: APPROV D A5 To FORM r ocelyn C./' onson, Town Clerk F nk Cis idy, Town At rney Al MARANA AZ ESTABLISHED 1977 _ Z _ Marana Resolution No.2017-076 CHAPTER 5 MW C==� WORK RULES ANIS EMPLOYEE DISCIPLINE MARANA AZ [No revisions to Policies 5-1 through 5-51 POLICY 5-6 FORMAL PERSONNEL ACTION REVIEW PROCEDURES [No revisions to Sections 5-6-1 through 5-6-5 Section 5-6-6 Formal Appeal ' A. The Town shall emplQy one or more hearin off icers to conduct formal.personnel action review hearin s and to make recommendations to the Town Manager reQrardI'nQ.the disciplinary action under review all ursuant to the rovisions of this policy.- The Finance De artm.ent shall be responsible for.TAocuring and contracting--with hearing officers in accordance with the Town's procurement policies and rocedures. AB. To request a formal appeal hearin {L�}, the employee must file a written appeal with the Human Resources Director within ten business days after the employee's receipt of a written disciplinary decision that is subject to formal appeal. BC. The appeal shall be on a form provided by the Human Resources Department. CD. Upon receipt of the employee's written appeal of a disciplinary decision that is subject to formal appeal, the Human Resources Director shall provide a copy of the appeal to the Town Manager, the Legal Department, the employee's Department Head and the hearing officer . PE. If the Human Resources Director determines that the employment action is not subject to formal appeal under this policy, the Director shall so inform the employee in writing within five business days of receiving the employee's request for appeal. Section 5-6-7 Scheduling of Hearing A. within 20 business days of the Human Resources Director's receipt of the employee's written appeal, the-P°�%R, ��,AF the Human Resources Director �� n^�,;,Y�� N��r,-ILIL �-� n°r2R Cli ;�. ,.��.�,�, , shall set a date for a hearing. - -----r _w w__; B. The hearing should take place within 60 business days of the Human Resources Director's receipt of the employee's written appeal, .L °�R, WX unless the P-A�hearing officer is unable to hear the appeal within that time, or for other good cause. C. In no event shall the hearing take place later than one year from the date the Human Resources Director receives the employee's written appeal. D. Hearings shall be conducted at a mutually agreed upon time and place that affords a fair and reasonable opportunity for all persons entitled to be present to attend. 0005 17$3.DOCX/3 EXHIBIT A To MARANA RESOLUTION No.2017-076 CHAPTER 5 ......... ----------------- WORK RULES AND EMPLOYEE DISCIPLINE MAPANA AZ Section 5-6-5 Notice of Hearing A. The Human Resources Director ' 1'4 12IR ir rshall give written notice to the appealing employee and to the Town r __��__, of the date,time and location of the hearing. B . . T B. Y LAX. • • • 09 3 1 8 • • execut.i e-S I e Sss 11 n&&14 Is d%&se-91C: The notice of hearing shall be provided to the parties at least 15 business days before the scheduled hearing. 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 any documents each anticipates presenting to the hearingofficer 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, chapter 8, article 1 where applicable. [No revisions to Section 5-6-101 Section 5-6-11 Subpoenas Pursuant to A.R.S. § 12-2212, the hearing-- officer may issue subpoenas to compel the attendance of witnesses and/or the production of documentary evidence. If any person fails to appear and/or produce a document in response to a duly issued subpoena, the hearing officer may, by affidavit setting forth the facts, apply to the Superior Court for relief. 00051783.DOCX/3 EXHIBIT ATO O MARANA RESOLUTION No.2017-076 2 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ Section 5-6-12 Hearings before the Hearing Officer]RAUB A. General Rules 1. The appealing employee shall appear personally before the hearin o� fficer 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 the hearin o� fficer ^ n n nR ,.,,i, L. "a^ ^r 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 Town's behalf. 5. TL,.,T..w,, .,,„a f1,.,12 A 12R sb,.,ll 1,.,,. ,,+.,.a 1-.0 c ,.a+.,a++l,,.,,.,<.� b: 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), -76. 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 available for the hearing, if the identity of the Town employee/witness is timely disclosed pursuant to this policy. 87. In the absence of good cause, no witnesses or documents shall be considered by the hearing officer 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. 98. The hearin o� fficer may, at its his or her discretion, exclude certain witnesses or documents even if timely disclosed if it the hearing officer finds such evidence to be irrelevant,cumulative,redundant, or overly inflammatory. 4-89. The hearing shall be limited to the specific cause(s) of the disciplinary action giving rise to the appeal. 4410. The Town bears the burden of demonstrating just cause for the disciplinary action by a preponderance of the evidence. 00051783.DOCX/3 EXHIBIT A TO MARANA RESOLVI'ION No.2017-076 3 CHAPTER 5 WORK RULES ANIS EMPLOYEE DISCIPLINE MARANA AZ X11. The hearing shall be recorded by audio or video recorder, or by other mechanical or electronic means and/or by a court reporter. 4-312. 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. X413. 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 hearm* officer . B. General Conduct of the Hearing 1. The Ch.�1irr.Y.,,sonL hearing officer 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 be o en to the ublic. ' . r 3 POP r fLo • • r ■ vote E).f it:h,e x&:Aa e-ffl.Lbers e 12 APIR Lc-41A An execulive session at- (2� . , . -5 The hearing is informal and the technical rules of evidence shall not apply. The heari.na officer r-1h"Ai F erso 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 hearing officer, h shall maintain appropriate decorum throughout the conduct of the hearing. The decisions of the hearing officer on the conduct of the hearing shall be final,linlinss evet t of e 4. j5 Jr The hearina officer 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 hearinQ officer 'r 1.3 e i• shall also direct the witnesses not to communicate with each other until the closing arguments of both parties have concluded. 00051783.DOCx/3 EXHIBIT A To MARANA RESOLUTION No.2017-076 4 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ r r r -6411 instl!uct T t L3Qi:iM":MXr- T-63 Ch• ■ C. Default Decision If, after receiving proper notice, the appealing employee or responsible Department Head or designee fails to attend or participate in the hearing within fifteen minutes of the time set for the hearing, the hearing officer may enter a default against the _..........party failing to appear. The hearin& off icer 12A-R13may reconsider a default decision upon a party's submission to the hearina officer, 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. 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 the hearing officer P°r R MA.L �� 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 if an 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. S. Rebuttal witnesses may be permitted to testify as the hearin' a officer determines appropriate. �'°�uA z r The hearing officer may ask questions of a witness at any time. 9. �� 0005 x.783,DOCX/3 ExHTBIT ATO MARANA RESOLUTION No.2017-076 5 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ 10. After all witnesses have been questioned, the Town may make a closing argument. The appealing employee or representative may then nuke 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. . •4 If r 'Le 124121R mau■ ■ . . MLLeMLLbers LAA 01tiorRALM&L Of t0he P.L43.PA. r 1i omnj ni-lUrSti.affit to 9 . t.01 lirf-% into exeewxre sessie r 'ELLL112- PLAN Al2 R r ■ ■ . . 01 3-F(L43.)(3-F/I Af ol]rL %do.i LQF%r--u s s i on eAfter :111 ■ . ' r r rouorum ad tLip 12 4121R to exeetiti • 12 A IR IR Section 5-6-143 Findings of the Hearing Officer AFLOILILOAVAV7*ElFta iOr in ft'h&e R& A. exleec-.1.1tive ses ■ . . . . . . . . . . . . fIQ fAr vote Alp miamLprs consti:hItI33a :a "33 TL 12 3i Tj::jf4*:M CX Q16AII LO LIT. =J] At the conclusion of the hearin the hearing officer may take the platter under advisement pending completion of the hearin officer's formal findi.n s. B. The findings of the hearing officer shall be in the form of an advisory opinion to the Town Manager. The hearing officer may recommend that the disciplinary action be upheld,overturned or modified. C. Within ten business days of the conclusion of the hearing, the hearhzg officer shall provide a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the hearing officer regarding the disciplinary action and the 00051783.DOCX/3 EXHIBIT A TO MARANA RosOLUTION No.2017-076 6 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ reasons for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. Section 5-6-154 Decision of the Town Manager A. Within ten business days of receipt of the written advisory opinion of the hearing officer. .& the Town Manager shall render a written decision regarding the disciplinary action being appealed. The Town Manager may accept, modify or reverse the recommendation of the hearin .,..officer The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. B. In reaching a decision, the Town Manager shall review the evidence and testimony presented to the hearin office.,r and his or her decision shall be based upon the official record of the proceedings before the hearing off icer The Town Manager may seek legal advice during deliberation from an attorney or attorneys representing the Town;however, the Town Manager may not consult with any attorney who participated as an advocate for the Town during the proceedings before the hearing officer o�r C. If the Town Manager modifies or reverses the recommendation of the hearing officer L the Town Manager shall state in writing his or her reasons for modification or reversal. D. All decisions of the Town Manager are final and not appealable within any Town process. Section 5-6-165 Back Pay, Reasonable Costs and Attorney's Fees A. If the Town Manager modifies or reverses the disciplinary action, the appealing employee shall receive back payment for wages and benefits lost, if any, as a result of the disciplinary action, subject to reduction for any wages actually earned by the employee during the time period in question, including any unemployment compensation that is not subject to repayment by the employee. B. If the Town. Manager modifies or reverses the disciplinary action, a law enforcement officer to whom the provisions of A.R.S. §35-1004(C) apply, may also make written request to the hearing officer for reasonable costs and attorney's fees pursuant to the provisions of that statute. If necessary, the hearing officer may set a hearing to make findings as to the amount of the costs and attorney's fees, if any, to award to the appealing employee. 00051783.DOCX/3 EXHIBIT A TO MARANA RESOLUTION No.2017-076 7 Xs6k CHAPTER 5 ------------- WORK RULES ANIS EMPLOYEE DISCIPLINE MARANA A C. Any hearing regarding costs and attorney's fees shall take place within 20 business days of the Town Manager's written decision and shall be conducted in compliance with the rules set forth in this policy. D. Within five business days of any hearing regarding costs and attorney's fees, the hearin officer shall render a written advisory opinion to the Town Manager. The opinion shall include the recommendation of the hearing officer regarding costs and attorney's fees and the reasons for the recommendation. The advisory opinion shall also be distributed to the appealing employee, the Human Resources Director and the employee's Department Head. E. Within five business days of receipt of the written advisory opinion of the hearin officer the Town Manager shall render a written decision regarding costs and attorney's fees. The Town Manager may accept or reject the recommendation of the hearinja officer . The Town Manager's written decision shall be distributed to the appealing employee, the employee's Department Head and the Human Resources Director. F. The decision of the Town Manager is f final and not appealable within any Town process. G. Any award of costs and attorney's fees to a law enforcement officer shall be in compliance with the provisions of A.R.S. §38--1004(G). Section 5-6-176 Miscellaneous Rules of Appeals A. After an issue has been initially presented for review, neither party may, without good cause, add new allegations at a subsequent step. B. Time limits provided in these procedures may be extended to a date certain by mutual written agreement of the Town and the appealing employee. C. In the absence of good cause, the employee's failure to timely pursue any step in the appeal process shall result in the termination of the appeal process and the dismissal of any appeal,and the employment action shall stand. D. No discipline, retaliation, or threats of retaliation shall be taken against any employee, representative,witness or other participant,whether testifying or not, in these personnel action review procedures because of such participation. Such discipline, retaliation or threats of retaliation constitute grounds for disciplinary action, up to and including termination. E. All information obtained during the processing of a request for personnel action review will be maintained confidentially to the extent permitted by law. Information may be released pursuant to a public records request under the Arizona public records law, A.R.S. §39--121 et sect. 000517$3.Decx 13 ExHIBIT A To MARANA RESOLUTION No.2017-076 8 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA AZ F. An employee seeking personnel action review under these procedures may be granted up to one hour of work time per day to spend preparing for his or her hearing'� n G. For pay and benefits purposes, time spent by employees in discussions with management or in testifying at a �ersorulel hearin� '�^�^r^ '�'�^ T'^T'R is considered time worked. H. Disciplinary actions subject to formal personnel action review may be resolved or settled at any step in the process. The request for formal personnel action review shall be processed until the employee is satisfied, the employee does not file a timely appeal, as defined in this policy, or a decision has been made in the final step. I. Upon reversal of the decision at any step in the formal personnel action review process, the successful employee may recover any wage and/or benefits losses incurred from the effective date of the disciplinary action pursuant to the provisions of this policy. POLICY 5-7 PERSONNEL ACTION REVIEW BOARD (PARB) Policy 5-7 is deleted in its entirety and reserved [No revisions to Policy 5-8] 00051783.DOCX/3 EXHIBIT A TO MARANA RPSOLUTION NO.2017-076 9 CHAPTER 8 C=::: TERMINATION OF EMPLOYMENT MARANA AZ POLICY 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. [No revisions to Sections 8-1-1 through 8-1-51 Section 8-1-6 Layoff and Recall [No revisions to paragraphs A through O] H. •r-UT R.-Al-i- In A 12R� Hearing Officer Review V&A1. Employees who are laid off pursuant to the provisions of this section may request to have the layoff decision reviewed by a hearin officer emi2loyed by the Town to conduct formalpersonnel-related hearin s ' R.,prd ITS A 2. To request hearing officer review, eligible employees must submit a written request for review, on a form provided by the Human Resources Department, to the Human Resources Director within ten calendar days after the effective date of the layoff. 3 ' 4. Upon receipt of the employee's request for review, -. o PARR of the Human Resources DirectorIi , shall set a date for a review hearing. The hearing should take place within 30 calendar days of the Human Resources Director's receipt of the request for review, unless the there is good cause to extend the time for the hearin . 54. The review by the hearin officer shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The hearing officer has no authority to and shall not review whether the shortage of work or funds or the material change in duties or organization justified the layoff or whether alternative means may have been available to the Town. In all other respects, the hearing shall proceed in the manner set forth in Policy 5--6 of these Personnel Policies and Procedures or as otherwise determined by the hearing officer�. 65. Upon conclusion of the review hearing, the hearinQ officer shall render a written decision which shall contain findings as to whether the provisions of these Personnel Policies and Procedures relating to layoffs have been complied with. The 00051785.DacX/2 EXHIBIT B To MARANA RESOLUTION No.2017-076 1 zX CHAPTER 8 TERMINATION OF EMPLOYMENT MARANA AZ decision of the hearing... IVL4.42.9 shall be final and is not appealable within any Town process. 76. Failure by the employee to file a written request for review within ten calendar days after the effective date of the layoff, unless explained to the satisfaction of the hearingofficer ,shall operate as a bar to further recourse by the employee. [No revisions to paragraphs I and J] Y r, .a• .,+; •+i, ,-t, 144 y. n„ n Qr+n,• „� t��zn e n� ry n��.,.,,.,�„r+ n,.,,n,..,,Y, i�nTr2 n n� +�,,, ,, ,;�; „�' +t,,, �n�n n n ��,��i � F,... / �v' b in" 412 i:ho [No revisions to Section 8-1-71 [No revisions to Policies 8-2 through 8-4] 00051785.DOCX/2 EXHIBIT B TO MA2ANA RPSOLUTION No.2017-076 2