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HomeMy WebLinkAboutResolution 2022-117 Approving and Adopting Amendments to the Town's Personnel Policies and ProceduresMARANA RESOLUTION NO. 2022-117 RELATING TO PERSONNEL; APPROVING AND ADOPTING AMENDMENTS TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 3 - CLASSIFICATION AND COMPENSATION, POLICY 3-4 "PAYROLL PROCEDURES" AND POLICY 3-12 "EMPLOYEE DISBURSEMENTS," MULTIPLE POLICY REVISIONS TO CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES, REVISING CHAPTER 5 - WORK RULES AND EMPLOYEE DISCIPLINE, SECTION 5-5-5 "GROUNDS FOR DIS- CIPLINARY ACTION," AND REVISING CHAPTER 7 SAFETY AND HEALTH, POLICY 7-5 "DRUG- AND ALCOHOL -FREE WORKPLACE" 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. Policy 3-4, entitled "Payroll Procedures," and Policy 3-12, entitled "Employee Disbursements," of the Town's Personnel Policies and Procedures are hereby amended as set forth in Exhibit A attached to this resolution, with deletions shown with c'-Fts and additions shown with double underlining. SECTION 2. Policy 4-1, entitled "Vacation Leave," Policy 4-7, entitled "Family and Medical Leave," Policy 4-8, entitled "Administrative Leave," Policy 4-11, entitled "Workers' Compensation," and Policy 4-12, entitled "Supplemental Benefits Plan for Public Safety Employees," of the Town's Personnel Policies and Procedures are hereby amended as set forth in Exhibit B attached to this resolution, with deletions shown with strikeetits and additions shown with double underlining. SECTION 3. Section 5-5-5, entitled "Grounds for Disciplinary Action," of the Town's Personnel Policies and Procedures is hereby amended as set forth in Exhibit C attached to this resolution, with additions shown with double underlining. -1- Resolution No. 2022-117 SECTION 4. Policy 7-5, entitled "Drug- and Alcohol -Free Workplace," of the Town's Personnel Policies and Procedures is hereby amended as set forth in Exhibit D attached to this resolution, with deletions shown with c'-M��tfts and additions shown with double underlining. SECTION 5. 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 6. 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 15th day of November, 2022. ATTEST: :a�l David L. Udall, Town Clerk Resolution No. 2022 -XXX Mayor Ed Honea APPROVED AS TO FORM: � O Ja airall, Town Attorney Exhibit A to Marana Resolution No. 2022-117 CHAPTER 3 464& CLASSIFICATION AND COMPENSATION MARANA _:� [NO CHANGES TO POLICIES 3-1 THROUGH 3-3] POLICY 3-4 PAYROLL PROCEDURES Regular Town employees are paid biweekly. There are 26 pay periods in the calendar year. Section 3-4-1 Time Entry and Payroll A. Employees shall use the Town's current approved time entry system for all time entry and leave requests. B. All non-exempt employees shall submit documentation of the number of hours worked, as well as any leave taken, in each pay period. The employee's direct supervisor shall verify and approve or disapprove the employee's hours worked and leave taken. C. All exempt employees shall submit documentation of leave taken each pay period. The employee's direct supervisor shall verify and approve or disapprove any leave taken. D. Payroll records shall be maintained by the Town in accordance with the Town's records retention schedule. E. The ice—Human Resources 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. F. Falsification of time entry and leave taken is grounds for disciplinary action, up to and including termination [No Revisions to Sections 3-4-2 through 3-44] 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 Human Resources Director or designee as soon as the employee becomes aware of the error. Likewise, the Human Resources Finance Director or designee shall provide written notice to an employee of a payroll error as soon as the FinanceHuman Resources Department becomes aware of the error. Once an error has been discovered, the FinanceHuman Resources Department will initiate a correction as follows: A. If the employee has been underpaid due to an error made by the FinanceHuman Resources Department, the FinanceHuman Resources Department will run a special payroll as soon as practical. 00084555.DOCX/1 3-1 Exhibit A to Marana Resolution No. 2022-117 CHAPTER 3 CLASSIFICATION AND COMPENSATION MARANA B. If the employee has been underpaid due to an error made by the employee or the department payroll liaison, the FinanceHuman Resources 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 FinanceHuman Resources Department, the employee will be required to reimburse the Town for the overpayment. The FinanceHuman Resources Department will make every effort to establish a repayment schedule that meets the FinanceHuman Resources Department's responsibility to recoup public funds in a timely manner and incorporates consideration for the employee's ability to repay. [NO CHANGES TO POLICIES 3-5 THROUGH 3-11] POLICY 3-12 EMPLOYEE DISBURSEMENTS All other disbursements made by the FinanceHuman Resources Department to Town employees shall be through direct deposit. [NO CHANGES TO POLICY 3-13] 00084555.DOCX/1 3-2 Exhibit B to Marana Resolution No. 2022-117 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES MARANA POLICY 4-1 VACATION LEAVE The Town of Marana provides vacation leave with pay to eligible employees. [No changes to Sections 4-1-1 through 4-1-3] Section 4-1-4 Maximum Accrued Hours Permitted A. Except as provided in paragraph D below,an employee's accrued vacation leave balance shall not be permitted to exceed the hours designated on the following schedule: Maximum Vacation Hours Length of Service Maximum Accrued Vacation Hours 0 to 5 years 180 hours > 5-10 years 200 hours > 10 years 240 hours B. Employees shall not be credited for vacation leave in excess of the maximum accrued hours permitted based on their length of service. Employees who are approaching the maximum accrued vacation hour cut-off shall be notified by the FinanccHuman Resources Department of their vacation leave balance and given the opportunity to request vacation leave before vacation leave hours are forfeited. C. In extenuating circumstances, the Town Manager may approve an exception to this provision and grant an employee an additional 90 calendar days to come into compliance with the maximum accrued vacation-hour rule without forfeiting any vacation leave.This exception will only be granted once per rolling 12-month period. If the employee fails to come into compliance with the maximum accrued vacation-hour rule within the additional 90-day period, the employee will forfeit all accrued vacation leave in excess of the maximum accrued hours. D. Employees in the following categories shall be permitted to accrue a maximum of 240 hours of vacation,regardless of length of service: 1. Deputy or Assistant Town Managers 2. General Managers 3. Department Heads 4. Deputy or Assistant Department Heads with management responsibilities including supervision of staff. 00084559.DOCX/1 4-1 Exhibit B to Marana Resolution No. 2022-117 AX46k CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES MARANA A. Section 4-1-5 Request for Vacation Leave A. Eligible employees may request to use vacation leave after 180 days of employment. The De•artment Head has discretion to a. .rove a re.uest for vacation leave •rior to 180 da s of employment. 1. If an eligible employee is approved for administrative leave for medical purposes prior to completing 180 days of employment, the employee may request to use vacation leave. B. Employees shall submit vacation leave requests to their supervisor before taking any time off. Requests will be reviewed based on a number of factors, including Town needs and staffing requirements. [No changes to Sections 4-1-6 and 4-1-7] [NO CHANGES TO POLICIES 4-2 THROUGH 4-6] POLICY 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Acts(NDAA) of 2008 and 2010,the Town of Marana provides job-protected family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. The provisions of this policy are not intended to conflict with or supersede federal law,nor should they be interpreted or construed to do so.If any provision of this policy conflicts with federal law, federal law shall control. [No Changes to Sections 4-7-1 through 4-7-14] Section 4-7-15 Maintenance of Other Benefits A. The Town has no obligation to maintain insurance and other benefits, such as life insurance or disability insurance, that are not considered to be a "group health plan", while an employee is on FMLA leave. The Town will meet its responsibilities to provide equivalent benefits to the employee upon return from FMLA leave. B. An employee who is on paid FMLA leave via the use of paid leave balances shall continue to pay his or her share of any non-group health plan insurance premiums through payroll deductions. C. An employee who is on unpaid FMLA leave must make payment arrangements with the Human Resources and Finance Departments for his or her share of any non-group health plan insurances premiums. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that 00084559.DOCX/1 4-2 Exhibit B to Marana Resolution No. 2022-117 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES MARANA coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of non- group health plan premiums,the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due. [No changes in Sections 4-7-16 through 4-7-19] POLICY 4-8 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. [No changes is Sections 4-8-1 through 4-8-5] Section 4-8-6 Maintenance of Benefits A. An employee who is on paid administrative leave via the use of paid leave balances shall continue to pay his or her share of any group health plan and other insurance premiums through payroll deductions. B. An employee who is on unpaid administrative leave must pay both the employee's and the Town's share of any group health plan and other insurance premiums in order to maintain coverage. The employee must make payment arrangements with the Human Resources and Finance Departments. If payment is more than 30 days overdue,the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's or the Town's share of group health plan or other premiums in order to maintain coverage, the Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. [No changes to Sections 4-8-7 through 4-8-9] [NO CHANGES TO POLICIES 4-9 AND 4-10] POLICY 4-11 WORKERS' COMPENSATION Under Arizona law, it is mandatory for employers to secure workers' compensation insurance for their employees. Workers' compensation is a "no fault" system in which an injured or ill 00084559.DOCX/1 4-3 Exhibit B to Marana Resolution No. 2022-117 CHAPTER 4 EMPLOYMENT BENEFITS AND LEAVES MARANA employee is entitled to receive benefits for a job-related injury or illness, no matter who caused the injury or illness. If an illness or injury is job-related, then the injured employee is eligible to receive medical benefits and may receive temporary compensation,if eligibility requirements are met. In some cases,a claimant may also receive permanent compensation benefits,job retraining, and supportive medical care. The provisions of this policy are not intended to conflict with or supersede state law,nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. [No Changes to Sections 4-11-1 through 4-1141 Section 4-11-5 Maintenance of Benefits A. An employee who uses paid leave balances to supplement compensation benefits for lost wages due to a job-related injury or illness shall continue to pay his or her share of any group health plan and other insurance premiums through payroll deductions. B. An employee who does not use paid leave balances to supplement compensation benefits for lost wages due to a job-related injury or illness shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of any group health plan and other insurance premiums. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan or other premiums in order to maintain coverage, the Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. No Changes to Sections 4-11-6 and 4-11-7 POLICY 4-12 SUPPLEMENTAL BENEFITS PLAN FOR PUBLIC SAFETY EMPLOYEES Pursuant to A.R.S. §38-961, the Town of Marana is required to provide a supplemental benefits plan for eligible public safety employees who are injured on the job and unable to perform the functions of their position. The provisions of this policy are not intended to conflict with or supersede state law,nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. [No Changes to Sections 4-12-1 through 4-124] 00084559.DOCX/1 4-4 Exhibit B to Marana Resolution No. 2022-117 CHAPTER 4 wak EMPLOYMENT BENEFITS AND LEAVES MARANA Section 4-12-5 Maintenance of Benefits A. The Town shall maintain group health plan benefits for employees participating in the supplemental benefits plan on the same terms as if the employee continued to work.Thus, the Town shall continue to pay its share of any group health plan insurance premium and the employee shall continue to pay his or her share,if any. 1. The employee shall continue to pay his or her share of any group health plan benefits through payroll deductions if the employee is receiving sufficient compensation from the Town to cover his or her share of the premium. 2. If the employee is not receiving sufficient compensation from the Town to cover his or her share of the premium,the employee shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the premium. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan premiums, the Town may require the employee to reimburse the Town for the employee's share. If coverage is dropped,it shall be dropped retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. B. While the employee is participating in the supplemental benefits plan,the Town shall pay both the employer and employee contributions to PSPRS or CORP, as applicable, based on the employee's pre-injury salary, unless the employee is no longer actively contributing to PSPRS or CORP. In such a case, the Town shall continue to pay the employer contribution to the employee's retirement system and the employee shall continue to pay the employee contribution. C. An employee participating in the supplemental benefits plan is responsible for paying for any elective health care plan deductions,health related optional deductions,optional life insurance deductions or any other optional,employee-elected benefits. [No Changes to Sections 4-12-6 and 4-12-7] [NO CHANGES TO POLICIES 4-13 THROUGH 4-16] 00084559.DOCX/1 4-5 Exhibit C to Marana Resolution No. 2022-117 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA A L [NO CHANGES TO POLICIES 5-1 THROUGH 5-4] POLICY 5-5 DISCIPLINE SYSTEM 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. [No revisions to Sections 5-5-1 through 5-5-4] Section 5-5-5 Grounds For Disciplinary Action Grounds for disciplinary action,up to and including termination,include,but are not limited to, the following: A. Dishonesty, including, but not limited to, 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 an investigation,giving false information or lying about the reason for an absence from work, or falsifying time entries or leave requests. B. Discrimination or failure to abide by Equal Employment Opportunity regulations, including sexual or other harassment of a protected class. C. Reporting to work under the influence of alcohol or drugs or using such substances while on Town property or other violation of the Town's Drug- and Alcohol-Free Workplace Policy. D. Theft or removal of Town money, merchandise or property, including property in the custody of the Town,without permission. E. Unauthorized or unlawful possession of firearms, other weapons or explosives in Town facilities or while on Town business. F. Conviction of a criminal offense. G. Acts of workplace violence, including violence or threats of violence in the workplace or against other employees or members of the public. H. Insubordination;failure to follow the orders of one's supervisor(s). I. Failure to maintain the minimum qualifications of the employee's position. J. 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. 00084563.DOCX/1 5-1 Exhibit C to Marana Resolution No. 2022-117 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA . , K. Failure to uphold the Town's Cultural Values. L. Being absent from work without permission or failure to report to the supervisor, Department Head or General Manager when one is absent. M. Being habitually absent or tardy for any reason. N. Making recordings of conversations or other activities in the workplace without authorization or explicit consent to the recording. 0. Inability or unwillingness to perform the assigned job; failure to perform assigned work in an efficient or effective manner. P. Participation in prohibited political activities. Q. Acceptance of fees, gifts or other valuable items in the performance of the employee's official duties for the Town. R. Any action, on or off the job,bringing discredit to the Town. S. Violation of any Town policies,administrative directives,or ordinances,or state or federal law. T. Violating safety rules and regulations; being wasteful of material, property or working time;failure to observe proper security or safety procedures. U. 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. V. 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. W. 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. X. 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. Y. Failure to effectivel su.ervise em.lo ees. Su•ervisors are res.onsible for the .ro.er conduct of their assigned employees and the functional work activities under their control. As necessary, supervisors should strive to review, document, and take a. •ro.riate action in matters within 30 workin• da s or as soon as .racticable. Z. Such other act, error or omission detrimental to the mission of the Town. 00084563.DOCX/1 5-2 Exhibit C to Marana Resolution No. 2022-117 CHAPTER 5 WORK RULES AND EMPLOYEE DISCIPLINE MARANA A [No revisions to Sections 5-5-6 through 5-5-8] [NO CHANGES TO POLICIES 5-6 THROUGH 5-8] 00084563.DOCX/1 5-3 Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANA AZ SAFETY AND HEALTH [NO CHANGES TO POLICIES 7-1 THROUGH 7-41 POLICY 7-5 DRUG-AND ALCOHOL-FREE WORKPLACE POLICY It is the policy of the Town of Marana to maintain a drug- and alcohol-free workplacethat 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 areis to ensure a drug free and alcohol free work environment and to reduce accidents, injuries and fatalities. The Town Manager may establish an administrative directive regarding the Drug-and Alcohol- free Workplace Policy. usc,alcohol abuse and failure to participate arc grounds for discipline up to and including discharge,even for a first offense. . - ! - . . . . . A. Illegal Drug Use includes possessing, using, purchasing, distributing, or selling illegal drugs, or reporting to wofk iced by illegal dings. Uhler this policy, "illegal drugs" include any drug or drug like substance that: 1. Is not legally obtainable; 2. May be legally obtainable bort has not been legally obtained;or 3. Is being used in a manner or for a purpose other than as prescribed. - beverages at any time during the hetes between the beginning and ending of the way. C. Failure to Participate in the Town's-fig and akehel testing policy includes: 1. Failure to submit to drug or alcohol testing; 2. Failure to report mediately for or alcohol testing when requested to do so; 3. Refusal to sign all appropriate consent forms; or 4. Any other failure to cooperate to the To -' : - - . . : . . 00084564.DOCX/1 7-1 Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANA A SAFETY AND HEALTH A. While this policy does-net prohibit the use of legal drugs,employees arc required to notify others. For example, an employee should tell their supervisor if they arc using any legal drug that warns about drowsiness or cautions against operating heavy machinery after use. B. "Legal drugs" as-used in-tis policy include prescribed and over the counter drugs or medications that have been k d and are being used only for the purpose for which they were prescribed or manufactured. C. Anyone who fails to-netify his-er her supervisor about his use of legal drugs will be subject to disciplinary action up te-and including discharge, even for a first offense. Section 7 5 4 Types of Tests The Town has implemented four circumstances for drug and alcohol testing. A. Prc Employment Testing Candidates selected for employee positions must normally submit to a drug test. Any potential hire who tests drug use will be ineligible far employment with the Town. B. Post Accident Testing for Commercial Driver's License Holders 1. Any employee who is reed to held a commercial driver's license (CDL) for the position held by the employee is subject to-drag and alcohol testing any time he or she is involved in an accident where: a. A fatality is involved; b. The driver receives a citation for a moving violation arising from an accident where anyone involved requires immediate treatment for an injury away from the accident scene;or c. Any vehicle involved incurs "disabling damage" (for example, must be towed Following any accident,the CDL hemmer must notify the Town as soon as possible. 2. Any time a post accident drug or alcohol test is required,it must be performed as soon as possible following the accident. If no alcohol test can be made within 8 hours, attempts to perform an alcohol test shall cease. If no urine collection can be obtained for purposes of pest accident drug testing within 32 hours, attempts to make such collection shall cease. 00084564.DOCX/1 7-2 AX & Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANA . Z SAFETY AND HEALTH this policy, provided the tests conform to applicable federal, state or local - - - • -- - . . - er require the-employee to si: . - . - . . - -: , - . - obtain such test results. urine, blood, breath or saliva at the time of the accident, the driver must provide system at the time of the accident. chance for each employee to be selected each time tandem selection occurs. Random 2. Random selection, by its very nature, may -result in-employees being selected in may not be selected in a calendar year. - - • - • .- - mployee. Once notified, every action the employee takes . - : • - - .-. f the employee engages in conduct that does not lead to a refusal to test. D. Reasonable Suspicion Testing -- - • : -' - . - - ployee to submit to alcohol and/or drug testing when-there alcohol abuse. 1. For purposes of this policy, "reasonable suspicion" will be based on specific observations concerning the appearance, behavior, speech er body odors of an employee, including, witheut limitation, slurred speech, red eyes, dilated pupils, - - -- - - . -•-- , - . ined carelessness or accidents, erratic behavior, •-• - - = - -- - • .. . -d other unexplained behavioral changes. 00084564.DOCX/1 7-3 Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANAA SAFETY AND HEALTH who has been trained to recognize s•;- - --- -- - - • - •. . • ► - ! - - • • • • • . . . - - - - --- , ..- . -- - .. - . . _ . - - ' ' • -- - - - =- .- . ign a release authorizing the Town to obtain drug and • - - •- - - - - - -- - - - press employers for the previous two years. The Town will verify that ne prier employer of the employee has records indicating a • - - - , `e . - . rtaining to controlled substance or alcohol use within the previous two years. Section 7 5 6 Drug Testing ll be performed through urinalysis or blood testing.Urinalysis or blood testing • - - . - -- - . - . ;s and/or metabolites of the following controlled substances: marijuana, cocaine, opiates,-amphetamines, phenacyce (PCP) and all other controlled substances. A. Laboratory Testing 1. Specimens will be submitted to a Substance Abuse Mental Health Services Administration(SAMHSA) certified laboratory for testing. primary specimen will be performed prier to the laboratory reporting the results to the Town. P' • • ;- • - - - :- eported by the laboratory to the Human Resources Director €er-he Town. At the-Human Resources Director's sole discretion, a determination will be 1. Negative test results wilfbe 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 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 00084564.DOCX/1 7-4 Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANA AZ SAFETY AND HEALTH employee and direct the employee to contact the Human Resources Director. Upon being so directed, the employee shall ce*tact the Human Resources Director immediately. If the employee fails to-contact the Homan Resources Director within 5 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 Rc Test 1. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of the drtig testing upon timely written request. 2. An individual who tests positive may mak- . - . _ -- - . '- - 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. • DOT's testing requirements. This may be a breath testing device, a saliva testing device or any other approved devise and may be provided through a trained supervisor or the Marana Police Department. 1. The device will be operated by a echnician who is certified and trained on the specific device he or she will be operating. 2. The employee shall report to the alcohol testing site as notified by the Town. The B. Any initial test indicating a Blood Alcohol Concentration (BAS) of .02 or greater will be confirmed on a breath testing device. The confirmation test will be performed no sooner than 15 minutes and no later than 30 minutes following the completion of the initial test. 00084564.DOCX/1 7-5 Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANA A Z SAFETY AND HEALTH - - - - - . • - . - . - .-dicatcs a BAC of .02 to .0399, the employee shall -- - - - - - . -:. s or until his/her next scheduled on duty time, whichever is longer. 2. Employees with tests indicating a BAC of .04 or greater arc considered to have A. Any employee who engages-in prohibited conduct shall be provided with the names, - - - - . -_ - - - . _ . .lified Substance Abuse Professionals (SAPS). If employment with the Town, an employee must submit to and successfully complete a C. The employee is also subject to fellow up testing. Fellow up testing is separate from and in addition to the Town's reasonable suspicion, past accident and random testing -- - - -- c SAP. Follow up testing may continue for a period of up to 60 in the first 12 months of follow up testing. `• -- - - - - . . 'on of prescribed treatment shall be borne by the employee. qualified status. Section 7 5 9 Discipline and Appeals A. The disciplinary procedures included in this policy are subject to the notice provisions of the Discipline System Policy and appeal visions included in the Problem Resolution Polcy. B. The disciplinary guidelines-contained in this policy supersede the progressive discipline policies of the Discipline System Policy. - . - •• - -• - . . - or representatives and visitors will be notified that the Town 00084564.DOCX/1 7-6 Exhibit D to Marana Resolution No. 2022-117 CHAPTER 7 MARANA SAFETY AND HEALTH or at its work sites.Any person who is rear suspected to have drugs in his or her system or to be impaired by alcohol while en Town of Marana property or work site is in violation of this policy. Contractors and their-employees or representatives and visitors violating this policy will be refused entry once Town property er Town work sites.In addition,appropriate legal entities may be contacted as required and appropriate. Section 7 5 11 Not a Contract This policy is not intended nor should it be construed as a contract between the Town and the employee. This policy may be-changed at any time at the sole discretion of the Town Council. 00084564.DOCX/1 7-7