HomeMy WebLinkAboutOrdinance 2019.014 Amendments to Personnel Policies and Procedures Revision Chapter 2 Chapter 4 and Chapter 6 F. ANN RODRIGUEZ, RECORDER 11111110101111111111111111101111111111101111111111101111
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TOWN MARANA 06/24/2019
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MARANA ORDINANCE NO.2019.014
RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO
THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 2 -
EMPLOYMENT PROCESS, CHAPTER 4 - EMPLOYMENT BENEFITS AND LEAVES,
AND CHAPTER 6 - PERFORMANCE MANAGEMENT AND EMPLOYEE
DEVELOPMENT
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
WHEREAS the Town Council is authorized by A.R.S. § 41-1750 to adopt an
ordinance authorizing the Town to receive criminal justice information from state and
federal criminal history repositories for the purpose of evaluating the fitness of current
or prospective employees, so long as the ordinance identifies the specific categories of
employees subject to the ordinance and requires that the specified employees submit
fingerprints in conjunction with the requests for criminal history record information;
and
WHEREAS the Town Council has adopted Section 2-8-1 of the Town's Personnel
Policies and Procedures which identifies the specific categories of Town employees that
must submit fingerprints so that the Town may receive criminal history record
information regarding the employees;and
WHEREAS the Council finds that adoption of the amendments to Sections 2-8,
Chapter 4, and Section 6-2-4 of the Town's Personnel Policies and Procedures as set
forth in this ordinance is in the best interests of the Town and its employees.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Policy 2-8 (Fingerprinting) of the Town's Personnel Policies and
Procedures is hereby revised as follows (with deletions shown with strikeouts and
additions shown with double underlining):
Marana Ordinance No.2019.014 - 1 -
I
POLICY 2-8 FINGERPRINTING
Section 2-8-1 Affected Positions
A. Candidates for employment in the following positions may be required, as a condition
of hire,to furnish a full set of fingerprints on a standard fingerprint card to the town.
1. Positions in which the employees' job duties include unsupervised contact with
minor children.
2. Parks and recreation department positions in which the employees work directly
with children under the age of 18 or vulnerable adults. For purposes of this policy,
"vulnerable adult" shall be defined as set forth in the Marana Town Code.
3. All police department positions.
1;44. Positions in the Marana Municipal Court,in accordance with any applicable state
law or Arizona Supreme Court administrative orders or directives.
5. Animal control officer positions.
6. All technology services department positions.
7. Senior Assistant Town Attorney.
8. Human Resources Director.
B. Employees who access,use,handle, disseminate or destruct criminal justice informa tion
or criminal history record information provided by the Department of Public Safety for
noncriminal justice purposes ma be re.uired to furnish a full set of fin!er.rints on a
standard fingerprint card to the Town.
Section 2-8-2 Procedures
A. All fingerprints furnished pursuant to this policy shall be submitted to the Arizona
Department of Public Safety.The Arizona Department of Public Safety is authorized to
exchange this fingerprint data with the Federal Bureau of Investigation pursuant to
A.R.S. § 41-1750 and Public Law 92-544 for the purpose of obtaining state and federal
criminal history record information.
B. The results of the criminal history record information checks shall be provided to and
maintained by the Human Resources Department.
C. Criminal history record information obtained by the Town pursuant to this policy shall
be used only for the purpose of evaluating the fitness of prospective or current
employees. The Town shall comply with all relevant state and federal rules and
regulations regarding the dissemination of criminal history record information.
Section 2-8-3 Failure to Comply
A. Any prospective employee for a position listed in Section 2-8-1(A)who is Subject to this
policy and who fails to be fingerprinted when required by the Town shall have his or
her offer of employment with the Town rescinded.
Marana Ordinance No.2019.014 - 2 -
B. Any current employee in a position listed in Section 2-8-1(A)who is subject to this policy
who fails to be fingerprinted when required by the Town shall be subject to immediate
termination. Termination of an employee under this section supersedes the progressive
discipline policies set forth in Policy 5-5.
SECTION 2. Chapter 4 of the Town's Personnel Policies and Procedures, entitled
"Employment Benefits and Leaves", is hereby amended as set forth in Exhibit A
attached to and incorporated by this reference in this resolution, with deletions shown
with €trikcouts and additions shown with double underlining.
SECTION 3. Chapter 6 of the Town's Personnel Policies and Procedures, entitled
"Performance Management and Employee Development", is hereby revised as follows
(with deletions shown with strikeout;and additions shown with double underlining):
Section 6-2-4 Eligibility for Participation
A. All regular full time benefit-eligible classified or unclassified 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.
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 4. The various town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 5. 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 6. 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 7. This ordinance is administrative, and shall become effective
immediately.
Marana Ordinance No.2019.014 - 3 -
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA,this 18th day of June, 2019.
Mayor Ed Honea
ATTES ,/ APPROVED AS TO FORM:
•� < G
Cherry L. Law en, Town Clerk Fr. Ca.sidy, Town ' ttorney
MARANA AZ
ESTABLISHED 1977
Marana Ordinance No.2019.014 - 4 -
CHAPTER 4
EMPLOYMENT BENEFITS AND LEAVES
MARANA AZ
[NO REVISIONS TO POLICIES 4-1 THROUGH 4-3]
POLICY 44 HOLIDAYS
[No Revisions to Sections 4-4-1 through 4-4-3]
Section 444 Miscellaneous Rules
A. If a Town-approved holiday falls on a day when an eligible employee is on parental paid
time off or on approved paid vacation, MTO, or sick leave, the employee shall receive
paid time off for the Town-approved holiday and deductions will not be taken from the
employee's parental paid time off,vacation,MTO,or sick leave balances for that day.
B. If a Town-approved holiday falls on an eligible employee's regularly scheduled day off,
the employee shall receive paid time off for that holiday based on the number of hours
they are regularly scheduled to work.
[No Revisions to Section 44-5]
POLICY 4-5 MILITARY LEAVE
[No Revisions to Section 4-5-1]
Section 4-5-2 Military Leave
A. An eligible employee ordered to military service shall be granted paid military leave of
up to 240 hours in any two consecutive years. For the purposes of this policy, "year`'
means the fiscal year of the United States government. Leave which occurs on an
employee's regularly scheduled days off shall not be charged against the 240-hour
allotment.
B. For required military service exceeding the 240 hour allotment, an employee shall be
granted military leave that may be unpaid or paid via the employee's use of accrued
vacation, MTD, or compensatory leave balances. Any request to use paid leave balances
will be considered in accordance with the leave policies set forth in this chapter.
[No Revisions to Sections 4-5-3 through 4-5-5]
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CHAPTER 4
EMPLOYMENT BENEFITS AND LEAVES
MARANA
[NO REVISIONS TO POLICY4-6]
POLICY 4-7 FAMILY AND MEDICAL LEAVE
[No Revisions to Sections 4-7-1 through 4-7-2]
Section 4-7-3 Eligibility
A. An "eligible employee" under the FMLA is a classified or unclassified employee who
has:
1. Worked for the Town for at least 12 months;and
2. Worked at least 1,250 hours during the 12-month period immediately preceding the
commencement of the FMLA leave.
B. The 12 months required by paragraph (A)(1) above need not be consecutive months. If
an employee is maintained on the payroll for any part of a week, including any periods
of paid (MTO, sick, vacation.parental paid time off) or unpaid leave during which other
benefits or compensation are provided by the Town(e.g.,workers'compensation, group
health plan benefits, etc.), the week counts as a week of employment. For purposes of
determining whether intermittent/occasional/casual employment qualifies as "at least
12 months,"'52 weeks is deemed to be equal to 12 months.
C. Whether an employee has worked the minimum 1,250 hours is determined according to
the principles established under the Fair Labor Standards Act (FLSA) for determining
compensable hours of work.
[No Revisions to Sections 4-7-4 through 4-7-19]
[NO REVISIONS TO POLICIES 4-8 THROUGH 4-15]
POLICY 4-16 PARENTAL PAID TIME OFF
Section 4-16-1 Eligibility
A. The provisions of this policy apply to a benefit-eligible classified or unclassified
employee who has:
1. Worked for the Town for at least 12 continuous months; and
2. Worked at least 1,250 hours during the 12-month period immediately preceding the
commencement of the parental paid time off.
B. Parental paid time off eligibility commences upon the birth or adoption of a child under
18 years old,subject to the following.
00063628.DOCX/1 4-2
P6& CHAPTER4
MARANA EMPLOYMENT BENEFITS AND LEAVES
1. The birth or adoption must have occurred on or after July 1,2019.
2. For purposes of this policy,adoption does not include:
a. Adoption of a spouse's or partner's child unless the child is adopted by both
parents at the same time.
b. Adoption of step-children or the equivalent.
c. Guardianship,foster placement or in-loco parentis.
1. In Loco Parentis is defined as persons with day-to-day responsibilities
to care for and/or financially support a child. A biological or legal
relationship is not necessary.
C. Surrogates and sperm donors are not eligible for parental paid time off.
[No Revisions to Sections 4-16-2 through 4-16-8]
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