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HomeMy WebLinkAboutResolution 2022-045 Approving and Adopting Amendments to the Town's Personnel Policies and Procedures MARANA RESOLUTION NO. 2022-045 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 1 - GENERAL EMPLOYMENT RIGHTS AND RESPONSIBILITIES, SECTION 1-2-8 "USE OF PUBLIC PROPERTY", CHAPTER 2 - EMPLOYMENT PROCESS, SECTION 2-1-4 "NON-COMPETITIVE PROCESS", SECTION 2-6-1 "PROCEDURE", CHAPTER 3 - CLASSIFICATION AND COMPENSATION, SECTION 3-7-4 "ON CALL/STAND-BY ASSIGNMENTS AND PAY", SECTION 3-7-5"SHIFT DIFFERENTIAL PAY",CHAPTER 4-EMPLOYMENT BENEFITS AND LEAVES,SECTION 4-8-5 "TOWN-ASSIGNED AD- MINISTRATIVE LEAVE", CHAPTER 6 - PERFORMANCE MANAGEMENT AND EM- PLOYEE DEVELOPMENT, SECTION 6-2-6 "APPLICATION AND REIMBURSEMENT PROCEDURES", SECTION 6-4-2 "AS A CONDITION OF PROFESSIONAL GROWTH", AND CHAPTER 7-SAFETY AND HEALTH, SECTION 7-5-6 "DRUG TESTING" 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 the Council finds that adoption of the amendments to the Town's Per- sonnel 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. Section 1-2-8 of the Town's Personnel Policies and Procedures, enti- tled"Use of Public Property",is hereby amended as set forth in Exhibit A attached to this resolution, with deletions shown with strikeouts and additions shown with double un- derlining. SECTION 2. Section 2-1-4 entitled "Non-Competitive Process" and Section 2-6-1 entitled "Procedure" of the Town's Personnel Policies and Procedures are hereby amended as set forth in Exhibit B attached to and incorporated by this reference in this resolution, with deletions shown with strikeouts and additions shown with double un- derlining. - 1 - Resolution No.2022-045 SECTION 3. Section 3-7-4 entitled "On Call/Stand-By Assignments and Pay" and Section 3-7-5 entitled "Shift Differential Pay" of the Town's Personnel Policies and Pro- cedures are hereby amended as set forth in Exhibit C attached to and incorporated by this reference in this resolution, with deletions shown with strikeouts and additions shown with double underlining. SECTION 4. Section 4-8-5 of the Town's Personnel Policies and Procedures, enti- tled "Town-Assigned Administrative Leave", is hereby amended as set forth in Exhibit D attached to and incorporated by this reference in this resolution,with additions shown with double underlining. SECTION 5. Section 6-2-6 entitled "Application and Reimbursement Procedures" and Section 6-4-2 entitled "As a Condition of Professional Growth" of the Town's Per- sonnel Policies and Procedures are hereby amended as set forth in Exhibit E attached to and incorporated by this reference in this resolution, with deletions shown with strikeout:,and additions shown with double underlining. SECTION 6. Section 7-5-6 of the Town's Personnel Policies and Procedures, enti- tled "Drug Testing", is hereby amended as set forth in Exhibit F attached to and incorpo- rated by this reference in this resolution, with additions shown with double underlining. SECTION 7. All ordinances, resolutions, or motions and parts of ordinances, reso- lutions, 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. SECTION 8. 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, obliga- tions, and objectives of the aforementioned amendments. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar- izona, this 17th day of May, 2022. Mayor Ed Honea ATTES APPROVED AS TO FORM: 4A114, Cherry Law en, Town Clerk Jane F .rail, Town Attorney 1 416 �► MA ANA AZ ESTABLISHED 1977 - 2 - Resolution No.2022-045 Exhibit A to Marana Resolution No. 2022-045 CHAPTER 1 GENERAL EMPLOYMENT RIGHTS AND MARANA AZ RESPONSIBILITIES [NO REVISIONS TO POLICY 1-1] POLICY 1-2 CODE OF ETHICS [No revisions to Sections 1-2-1 through 1-2-7] Section 1-2-8 Use of Public Property A. No employee of the Town shall request, use or permit the use of Town-owned vehicles, clothing,equipment,materials,or other property for unauthorized personal convenience, for profit,for private use,or as part of secondary employment.Use of such Town property is to be restricted to such services as are available to the Town generally and for the conduct of official Town business. B. Authorized personal uses include taking a Town vehicle to lunch when going to and from meetings on workdays as needed, use of a Town copy machine at cost, stopping to run personal errands when in a Town vehicle when the destination point is in conjunction with official or authorized business,and other nominal personal uses as permitted by the Town Manager Department Head, in consultation with the Human Resources Director, on a case-by-case basis. C. Employees shall not have passengers in Town-owned vehicles unless the passenger is present for official Town business or there is an emergency. 00080949.DOCX/1 Exhibit B to Marana Resolution No. 2022-045 Ak CHAPTER 2 -- -�� EMPLOYMENT PROCESS MARANA A POLICY 2-1 RECRUITMENT Vacancies for regular and temporary,full-and part-time classified and unclassified positions may be filled by an external competitive recruitment process, an internal competitive recruitment process or a non-competitive process. The Human Resources Department and the hiring department will work together to develop recruitment and selection strategies for each vacant position. The Human Resources Department is responsible for ensuring compliance with all applicable laws and policies regarding recruitment and shall conduct all recruitment processes. The hiring department is responsible for the selection of candidates. [No changes to Sections 2-1-1 through 2-1-3] Section 2-1-4 Non-Competitive Process A. The Town of Marana actively seeks a qualified, diverse workforce through competitive recruitment processes. The Town recognizes, however, that there may be situations in which a compelling justification exists to make a non-competitive selection. B. Non-competitive selections shall only be made with the approval of the Town Manager or designee,in consultation with the Human Resources Director. C. All candidates selected through a non-competitive process must meet the minimum qualifications of the position in question. D. In all cases,the Human Resources Department and the hiring department shall document the circumstances of the non-competitive hire with a memorandum to the personnel file of the employee hired through the non-competitive process. E. The following circumstances may justify an appointment without a competitive recruitment process: 1. In an emergency situation in which failure to fill a vacancy would compromise the operations of the Town, the Town may temporarily hire someone to fill the position while it conducts a competitive search. 2. On rare occasions,the Town Manager may identify an individual whose expertise and skills are aligned with pressing Town needs or strategic priorities. When time and resources limit the Town's ability to competitively recruit such an individual, the hiring department and/or the Human Resources Department may recommend to the Town Manager or designee that the individual be hired on a non-competitive basis. 3. Regular employees who resign from Town service may be considered for re-employment without a competitive recruitment process in accordance with Policy 8-4 of these Personnel Policies and Procedures. 00080950.DOCX/1 2-1 Exhibit B to Marana Resolution No. 2022-045 CHAPTER 2 EMPLOYMENT PROCESS MARANA A 4. In recognition of an employee's talents, contributions, and performance, the Town may appoint a current regular employee who has completed an initial evaluation period in any position with the Town or a term-limited temporary employee who has worked a minimum of 1040 hours to a regular or temporary position within the Town without conducting a competitive search. [NO REVISIONS TO POLICIES 2-2 THROUGH 2-5] POLICY 2-6 REFERENCE CHECK AND BACKGROUND INVESTIGATION Section 2-6-1 Procedure A. Human Resources staff will conduct employment verification and reference checks on applicants being considered for a position. Parts of the reference check may be delegated to the hiring department. B. Human Resources Department staff shall also conduct a thorough and comprehensive background investigation of applicants selected for employment which may include,but is not limited to, any of the following: 1. State or county criminal records search 2. Multi-state/national criminal database search 3. Federal criminal records search 4. Education verification 5. Employment verification 6. Motor Vehicle Department record search 7. Professional license and credential verification 8. Sex offender registry search 9. Social Security verification 10. Address trace 11. Character and/or personal reference checks C. The Police Department will also conduct an employment verification,reference check and background investigation as part of its process of qualifying Police Department candidates before selection. D. Applicants are required to sign all necessary releases for employment verification, reference checks and background investigations. 00080950.DOCX/1 2-2 Exhibit B to Marana Resolution No. 2022-045 CHAPTER 2 EMPLOYMENT PROCESS MARANA AZ 1. Background investigations of Parks and Recreation Department employees covered under Marana Town Code Chapter 13-2 shall comply with the requirements set forth in that chapter. E. Some applicants may also be required to submit fingerprints as set forth in Policy 2-8. [NO REVISIONS TO POLICIES 2-7 THROUGH 2-10] 00080950.DOCX/1 2-3 Exhibit C to Marana Resolution No. 2022-045 CHAPTER 3 CLASSIFICATION AND COMPENSATION MARANA A- [NO REVISIONS TO POLICIES 3-1 THROUGH 3-6] POLICY 3-7 ADJUSTMENTS TO PAY BASED ON EMPLOYMENT ACTION [No revisions to Sections 3-7-1 through 3-7-3] Section 3-7-4 On-Call/Stand-By Assignments and Pay The Town ManagcrDepartment Head, in consultation with the Human Resources Director, 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 ManagcrDepartment Head, in consultation with the Human Resources Director, 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. [NO REVISIONS TO POLICIES 3-8 THROUGH 3-12] 00080957.DOCX/1 3-1 Exhibit D to Marana Resolution No. 2022-045 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES MARANA [NO REVISIONS TO POLICIES 4-1 THROUGH 4-7] POLICY 4-8 ADMINISTRATIVE LEAVE [No revisions to Sections 4-8-1 through 4-8-4] Section 4-8-5 Town-Assigned Administrative Leave A. A Department Head, General Manager or the Human Resources Department may, with the approval of the Human Resources Director or designee, assign an employee to administrative leave with pay for a specific non disciplinary reason or purpose, such as pending the results of a fitness-for-duty examination. B. When an employee is assigned to administrative leave pursuant to this section, any documentation placed in the employee's official personnel file shall specifically note that the administrative leave is for non-disciplinary reasons. C. Town-assigned administrative leave shall ordinarily not exceed 21 calendar days. The Human Resources Department may authorize an extension in extenuating circumstances. [No revisions to Sections 4-8-6 through 4-8-9] [NO REVISIONS TO POLICIES 4-9 THROUGH 4-16] 00080958.DOCX/1 4-1 Exhibit E to Marana Resolution No. 2022-045 CHAPTER 6 PERFORMANCE MANAGEMENT AND EMPLOYEE MARANA AZ DEVELOPMENT [NO REVISIONS TO POLICY 6-1] POLICY 6-2 EDUCATION ASSISTANCE [No revisions to Sections 6-2-1 through 6-2-5] Section 6-2-6 Application and Reimbursement Procedures A. Employees shall complete a tuition reimbursement application, available through the Human Resources Department,before the first day of class. 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 . -- - - - ..-.;- _ ---. Employees may not be reimbursed for any courses enrolled in prior to receiving written confirmation of approval from the Town Manager Human Resources Director 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 Human Resources Director 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. [No revisions to Section 6-2-7] [NO REVISIONS TO POLICY 6-3] POLICY 6-4 SPECIAL LICENSES AND MEMBERSHIP FEES [No revisions to Section 6-4-1] 00080960.DOCX/1 C-1 Exhibit E to Marana Resolution No. 2022-045 CHAPTER 6 Ad6, �� ► PERFORMANCE MANAGEMENT AND EMPLOYEE MARANA :AZ DEVELOPMENT 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 or designee. 00080960.DOCX/1 C-2 Exhibit F to Marana Resolution No. 2022-045 CHAPTER 7 SAFETY AND HEALTH MARANA [NO REVISIONS TO POLICIES 7-1 THROUGH 7-4] POLICY 7-5 DRUG-AND ALCOHOL-FREE WORKPLACE It is the policy of the Town of Marana that its employees be free of substance and alcohol abuse. Consequently, the use of illegal drugs by employees is prohibited. Further, employees shall not use alcohol during work hours or engage in "prohibited conduct" as defined in this policy. The overall goals of this policy are to ensure a drug-free and alcohol-free work environment and to reduce accidents,injuries and fatalities. [No revisions to Sections 7-5-1 through 7-5-6] Section 7-5-6 Drug Testing Drug testing will be performed through urinalysis or blood testing.Urinalysis or blood testing will test for the presence of drugs and/or metabolites of the following controlled substances: marijuana, cocaine, opiates, amphetamines, phenacyclidine (PCP) and all other controlled substances. A. Laboratory Testing The procedure starts with the collection of a urine or blood specimen. 1. Specimens will be submitted to a Substance Abuse Mental Health Services Administration(SAMHSA) -certified laboratory for testing. 2. As part of the collection process, the specimen provided will be split into two vials;a primary vial and a secondary vial. 3. The SAMHSA-certified laboratory will perform initial screening on all primary vials. 4. In the event that the primary specimen tests positive, a confirmation test of that the primary specimen will be performed prior to the laboratory reporting the results to the Town. B. Laboratory Results All laboratory results will be reported by the laboratory to the Human Resources Director for the Town. At the Human Resources Director's sole discretion,a determination will be made as to whether a result is positive or negative. 1. Negative test results will be reported to the Town Manager. 2. Before reporting a positive test result to the Town Manager or designee, the Human Resources Director will attempt to contact the employee to discuss the test results. If 00080961.DOCX/1 7-1 Exhibit F to Marana Resolution No. 2022-045 CHAPTER 7 SAFETY AND HEALTH MARANA AZ the Human Resources Director is unable to contact the employee directly,the Human Resources Director will notify the Town Manager or designee, who shall contact the employee and direct the employee to contact the Human Resources Director. Upon being so directed, the employee shall contact the Human Resources Director immediately. If the employee fails to contact the Human Resources Director within 5 days after notification,the Human Resources Director may verify the test as positive. 3. After any positive verification, the employee may petition the Human Resources Director to reopen the case for reconsideration. C. Confidentiality Individual test results for employees will be released to the Town and will be kept strictly confidential unless consent for the release of the test results has been obtained from the employee. D. Request for Results and Re-Test 1. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of the drug testing upon timely written request. 2. An individual who tests positive may make a request of the Human Resources Director to have the secondary vial tested. The request for testing of a secondary specimen is timely if it is made to the Human Resources Director within 72 hours of the individual being notified by the Town of a positive test result. 3. The secondary vial must be tested by a different SAMHSA-certified laboratory than tested the primary specimen. 4. The individual making the request for a test of the second specimen must pre-pay all costs associated with the test. [No revisions to Sections 7-5-7 through 7-5-11] 00080961.DOCX/1 7-2