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HomeMy WebLinkAboutResolution 2004-065 amending and revising personnel policies 5-6 relating to problem resolutionMARANA RESOLUTION NO. 2004-65 RELATING TO PERSONNEL; ADOPTING A PROPOSED AMENDMENT TO THE TOWN'S PERSONNEL POLICIES MANUAL, REVISiNG POLICY 5-6 PROBLEM RESOLUTION. WHEREAS, the Town of Marana has previously adopted a Revised Personnel Policies and Procedures Manual (the "Manual") and has revised the Manual from time to time; and WHEREAS, within the Manual there is a Policy 5-6 concerning "PROBLEM RESOLUTION;" and WHEREAS, Town staffhas prepared a revised Policy 5-6, attached hereto as Exhibit A and incorporated herein by this reference, which establishes Formal Personnel Action Review Procedures and creates a Personnel Action Review Board; and WHEREAS, the Mayor and Council reviewed and considered the revised Policy 5-6 at a previous Council meeting on July 6, 2004, as required by the Manual, section 3 "Amendments and Revisions;" and WHEREAS, the Mayor and Council have determined that approval of the revised Policy 5-6 is in the best interests of the Town, its employees and residents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Manual is hereby amended by replacing the existing Policy 5-6 "PROBLEM RESOLUTION" with the revised Policy 5-6 "PERSONNEL ACTION REVIEW PROCEDURES," attached hereto as Exhibit "A," and all Town copies of Manuals shall be amended to incorporate the revised Policy 5-6. BE IT FURTHER RESOLVED that the Town Manager and the Human Resources Director are authorized and directed to take all steps necessary and proper to implement the revised Policy 5- 6. 1 Marana, Arizona Resolution No. 2004-65 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of July, 2004. M[y'o~ ]~B~--Y SUTTON, JR. ATTEST: 2 Marana, Arizona Resolution No. 2004-65 Exhibit A [Revised Policy 5-6 PERSONNEL ACTION REVIEW PROCEDURES] 3 Mamna, Arizona Resolution No. 2004-65 Policy 5-6 PERSONNEL ACTION REVIEW PROCEDURES Section 5-6-1 Informal Personnel Review Procedure Any employee who has a problem or complaint, which does not qualify as a Reviewable Issue as defined below, should try to resolve the issue with his or her immediate supervisor. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee should discuss it with the department head. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. Section 5-6-2 Formal Personnel Action Review Procedure A Reviewable Issue is defined as a Classified Employee's disagreement concerning any employment action to demote with reduction of pay, terminate, or suspend the employee without pay. Employees who desire to appeal a Reviewable Issue must notify the Town Clerk, in writing, within ten (10) working days of receiving written notification of the Reviewable Issue. This procedure is the sole remedy for employees to appeal or challenge Reviewable Issues. Section 5-6-3 Formal Personnel Action Review Procedure Steps Although the formal personnel action review procedure has four (4) steps, Reviewable Issues may be resolved at any step in the process. Reviewable Issues are to be processed until: (a) the employee is satisfied; (b) the employee does not file a timely appeal (as defined in the steps below); or (c) a decision has been made in the final step. A decision becomes binding on all parties whenever an employee does not file a timely appeal or when a decision is made in the final step. Any employment action to demote with reduction of pay, terminate, or suspend the employee without pay is held in abeyance until step three ,when the Town Manager has made a decision, unless a decision made in the prior steps has previously become binding as described above. The Town may, in its sole discretion, place an employee on paid administrative leave until a decision becomes binding. Employees who wish to appeal a Reviewable Issue should proceed as follows: Step One: Within ten (10) working days of receiving written notification of the Reviewable Issue, file a request for formal personnel action review with the Town Clerk on a form provided by the Town. The department head shall investigate the issue, attempt to resolve it, and give a written decision to the employee within ten (I 0) working days of having received the employee's request for formal personnel action review. If the issue involves the employee's department head, the Town Clerk shall give the request for formal personnel action review to the Human Resources Director who shall proceed as stated in Step Two, below. Step Two: If the employee is not satisfied with the department head's decision, the employee may appeal the decision to the Human Resources Director. Such an appeal must be submitted in writing to the Town Clerk within ten (10) working days after receipt of the decision being appealed. The Human Resources Director shall confer with others as required, investigate the appeal, and communicate a decision in writing to all concerned parties within ten (10) working days of having received the employee's written notice. If the issue involves the Human Resources Director, the Town Clerk shall give the request for formal personnel action review to the Town Manager who shall proceed as stated in Step Three, below. Step Three: If the employee is not satisfied with the Human Resources Director's decision, the employee may appeal the decision to the Town Manager. Such an appeal must be submitted in writing to the Town Clerk within ten (10) working days after receipt of the decision being appealed. The Town Manager shall confer with others as required, investigate the appeal, and communicate a decision in writing to all concerned parties within ten (10) working days of having received the employee's written notice. The Town Manager's decision shall take effect immediately. The Town Manager may delegate the duties under this paragraph. Step Four: If the employee is not satisfied with the decision of the Town Manager, the employee may appeal the decision in writing to the Personnel Action Review Board. To do so, the employee must submit to the Town Clerk, within ten (10) working days after receipt of the decision being appealed, all previous correspondence concerning the matter, along with the employee's written arguments and reasons for the ongoing appeal. The Personnel Action Review Board shall set a heating on the issue and make a final and binding decision, communicated to all parties concerned, as discussed in the "RULES OF APPEAL TO THE PERSONNEL ACTION REVIEW BOARD." Section 5-6-4 Personnel Action Review Procedure Rules At all steps in the process, information conceming the Reviewable Issue is to be held in the strictest confidence as may be allowed by state law. Supervisors, department heads, and others are cautioned that they must investigate and discuss issues only with those individuals who have a "need t'o know"and/or who supply information necessary to the investigation in order to abide by the provisions of this procedure. Work conditions permitting, an employee seeking personnel action review under this procedure may be granted up to one (1) hour of work time per day to spend pursuing the review. This time must be coordinated through the employee's immediate supervisor. Additional time may be granted by the Personnel Action Review Board upon motion made in writing and filed with the Town Clerk. This motion shall provide in writing the reasons that one (1) hour per work day is not sufficient time to pursue the review. For pay/benefit purposes, time spent by authorized employees, other than the employee seeking personnel action review or his or her observer, in discussions with management or in testifying before the Personnel Action Review Board is considered time worked. Employees may have an observer present at any interview in the process. The observer may not participate in the interview; rather, the observer merely attends and watches the interview. If the observer is a Town employee, the time spent attending the interview shall not be counted as time worked for pay/benefit purposes. During any interview in the process, the employee seeking review shall be permitted to take reasonable breaks of limited duration to consult with any other person. The time limits specified in any step of the review process may be extended to a definite date by mutual written agreement of the parties involved. However, in the absence ora written agreement, all parties involved must adhere to the time periods. If the employee fails to timely appeal, in writing, to the next step in the process, the matter shall be final, binding and not subject to further review. Section 5-6-5 Personnel Action Review Board A. Composition; Officers The Personnel Action Review Board (hereinafter "PRB") shall be composed of five (5) members and five (5) alternate members. Two (2) members and two (2) alternate members shall be residents of Marana, appointed by the Town Council for terms of three (3) calendar years, who are not employed by the Town and are not members of any other Town body (preference should be given to individuals who have personnel experience), and three (3) employees of the Town ("Employee-Board Members"), who are elected by the Town's employees to serve terms of two (2) calendar years. Employee-Board Members shall be elected from the following departments/groups: one from the Police Department (including non-uniformed members of the Department), one from the Development Services group (including: Water, Geographic Information Systems, Operations & Maintenance, Public Works, Planning & Zoning, and Building Inspection Departments), and one from the remaining group of departments (including: Administration, Airport, Information Technology, Town Clerk, Finance, and Magistrate Court). Interested ~mployees should submit their names to the Town Manager for inclusion on ballots which will be distributed to the employees within the defined workgroups. Only employees in "good standing" will be allowed to place their names in consideration for election to the PRB (i.e., employees with current disciplinary actions, disciplinary probation, or other documented unsatisfactory work performance will be precluded). The second highest vote recipient in each group shall be considered the alternate (for that group) for the same two (2) year term. If the primary Employee-Board Member from that group is personally involved in the appeal before the PRB, the alternate shall assume the duties of the primary Employee-Board Member for that group for that particular appeal only. If the primary Employee-Board Member from any of the three (3) workgroups terminates employment with the Town or otherwise becomes ineligible to serve as described in section 1.2, above, the alternate shall automatically become the new Employee-Board Member representing that group. In the event that there is no alternate Employee-Board Member available, a special election shall be conducted to provide appropriate representation on the PRB. If Non-employee Board Members are unable to attend a hearing within the time designated for such hearing, then the alternate Non-employee Board Members shall serve on the PRB. If there are no alternate Non-employee Board Members available to serve, the Town Council may appoint pro-tem members as needed to ensure a quorum. All Board Members serve in a voluntary capacity. Employee-Board Members shall receive only their regular pay and benefits while engaged in official PRB activities. Employee-Board Members shall not receive additional compensation from the Town for their activities with the PRB, nor are they eligible for additional benefits as a result. Non-employee Board Members shall not be compensated nor shall they receive any benefits from the Town for their service on the PRB. At its first regular meeting, and. each year thereafter, the PRB shall select a Chairperson and Vice-Chairperson from its members. Meetings: The PRB may hold regular meetings, but shall meet at least once annually at such time and place within the Town as is designated by the Chairperson of the Board. In addition, the PRB may hold special meetings upon the call of the Chairperson or a majority of the members of the PRB. A majority of the members of the PRB shall constitute a quorum for the transaction of business. Meetings shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law and such operational rules and procedures as shall be adopted by the PRB. All meetings shall be recorded and accurate minutes shall be approved by the PRB and forwarded to the Town Clerk. Duties: The duties of the PRB shall consist solely of conducting hearings on appeals and requests for additional preparation time, pursuant to section 4.2 of the "PERSONNEL ACTION REVIEW PROCEDURE RULES." In addition, the Board shall meet at least once annually to review, its own procedures ahd organization. Hearings: The hearings conducted by the PRB shall be properly noticed and conducted in accordance with the Arizona Open Meeting Law. The hearings need not be conducted according to technical rules relating to evidence and witnesses, but shall follow the "RULES OF APPEAL TO THE PERSONNEL ACTION REVIEW BOARD." Administrative Support: The Town Manager or the Town Manager's designee shall provide staff support to the PRB for administrative functions, such as drafting agendas, preparing minutes and other functions. Legal Advice: The PRB may seek legal advice at any time from independent legal counsel at the Town's expense. Section 5-6-6 Rules of Appeal to the Personnel Action Review Board Method of Appeal: Appeals shall be in writing and addressed to the PRB through the Town Clerk. Upon receipt of the written appeal, the Town Clerk shall notify the Town Manager, Human Resources Director, department head and the PRB. The appeal shall include all previous correspondence concerning the Reviewable Issue, along with the appellant's written arguments and reasons for the appeal. The written appeal shall also state a remedy desired by the appealing employee, with any supporting arguments. The PRB shall request the Town to furnish copies of all correspondence and any part of the appellant's personnel file pertaining to the Reviewable Issue. Acceptance and Notice: The PRB has the authority, after reviewing all materials, to decide whether the matter presents a Reviewable Issue as defined in Section 2.1 of the "PERSONNEL ACTION REVIEW PROCEDURES," and whether the issue is ripe for its review by the PRB. Within thirty (30) calendar days of acceptance of the appeal, the PRB shall set a date for a hearing. The Chairperson of the PRB shall notify all interested parties of the date, time, duration and place of the hearing. The hearing should take place within si:~ty (60) calendar days of the filing of the appeal notice with the PRB, but shall not be sooner than twenty (20) calendar days fi.om the date of the hearing notice. The hearing shall be of sufficient duration to allow adequate time for the matter to be presented. The appellant shall be required to provide the PRB and the Town with a list of witnesses whom the appellant may call at the hearing (along with a brief statement of the purpose of each witness' testimony). If another person is to represent the appellant, the name of the representative, relationship to the appellant, and the representative's address and telephone number shall also be submitted to the PRB and the Town. The Town shall also furnish the name of its representative and a list of the Town's witnesses who may be testifying at the hearing (with a brief statement of the purpose of each witness' testimony). These written materials shall be submitted within ten (10) calendar days of the hearing date notification. Hearings: The appealing employee shall appear personally, unless physically unable to do so, before the PRB at the time and place of the hearing. The appealing employee may be represented by any person or attorney (other than a Board Member or a Town employee) who is willing and,is not a witness or otherwise involved in the matter. The Town may also be represented. The parties are individually responsible for their own attorney's fees. The hearing will be conducted in the sequence described below to give each party a reasonable opportunity to present their position. The decisions of the Chairperson on the conduct of the hearing will be final. D. Hearing Protocol 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 appellant or the appellant's representative makes an opening statement. 3. The Town or its representative makes an opening statement. 4. The appellant presents his or her witnesses and other evidence. 5. The Town's representative may ask questions after the appellant has completed the questioning of each witness. After the appellant's witness testifies and the Town's representative and PRB members have had an opportunity to ask questions, the witness will be dismissed. When all witnesses of the appellant have been heard, the Town will present its witnesses and evidence in the same format. The appellant may ask questions of the Town's witnesses. The PRB, after the appellant's questioning, may also question each witness. 7. The Town's representative may make comments or closing remarks. The appellant or the appellant's representative may then make comments or closing remarks. When both sides have been heard, the PRB may discuss the testimony of the witnesses and evidence presented during the hearing. The PRB members shall vote and render a decision. The decision shall be based on a majority vote of the PRB members. The voting shall be by roll call. The only decision the PRB may make is to uphold or overturn the action of the Town appealed by the employee. Findings In Favor of the Appellant: If the PRB overturns the action of the Town, the PRB shall, within ten (10) calendar days after the conclusion of the hearing, prepare and distribute the PRB's final decision to the appellant, the Town Manager, Human Resoumes Director and the department head. The PRB shall indicate that back payment for wages shall be made by the Town to the appellant. In addition, pursuant to A.R.S. 38-1007 and 38-1004 (C), the PRB may also award reasonable costs and attorney's fees to the appellant, not to exceed $10,000.00, if the appellant was appealing action that amounted to, at least, a suspension without pay greater than sixteen (16) hours. If necessary, the PRB may set a hearing, no later than ten (10) ,calendar days from the conclusion of the appeal heating, to make findings as to the amount of back pay, benefits, costs and attorney's fees to award to the appellant. An award of attorney's fees shall not be made if either of the following apply: The Reviewable Issue arose not as a result of discipline, but was for administrative purposes such as a reduction in force; or The disciplinary action related to off-duty activities unrelated to the required duties of the Appellant. Further Appeals: The decision of the PRB is final and non-appealable within any Town process. Further appeal may be had through judicial review pursuant to law. If the Town appeals the decision of the PRB to Superior Court, the Town shall file a written notice of appeal with the PRB, through the Town Clerk, within five (5) calendar days of the date of the PRB's final findings made pursuant to section 4, above. The filing of the notice of appeal shall stay any award made by the PRB pursuant to section 4, above, pending resolution of the appeal in court.