HomeMy WebLinkAbout130801P
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 PM
WHEN: THURSDAY, AUGUST 1, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 7/25/13 Time posted: 12:00 PM
Z:\Council Packets\2013\R130801\130801A.docx Last printed 7/24/2013 4:23 PM Page 2 of 4
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Representative member of A United Methodist Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will review RECENT EVENTS attended relating to ECONOMIC
DEVELOPMENT.
ii.) The Mayor will read a PROCLAMATION regarding the Red Shirt Fridays.
iii.) The Mayor will read a PROCLAMATION honoring the late President Dr. Clinton
M. Pattea of the Fort McDowell Yavapai Nation.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) INTRODUCTION of the Town of Fountain Hills Fire Chief, Randy Roberts.
ii) RECOGNITION of the Town of Fountain Hills’ designation as a Playful City
U.S.A. Community.
iii) RECOGNITION of the Town of Fountain Hills’ designation as top “Booming
Suburb” in Arizona as per the Coldwell Banker Real Estate’s survey in the final
installment of their “Best Places to Live” series.
iv) QUARTERLY BUDGET REPORT by Deputy Town Manager Julie Ghetti for the
fiscal quarter ending June 30, 2013.
v) RECOGNITION of the Town of Fountain Hills’ first Government Finance Officers
Association (GFOA) Award for Outstanding Achievement in Popular Annual
Financial Reporting (PAFR) for year ending June 30, 2012.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the
conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
June 20, 2013.
Date posted: 7/25/13 Time posted: 12:00 PM
Z:\Council Packets\2013\R130801\130801A.docx Last printed 7/24/2013 4:23 PM Page 3 of 4
2. CONSIDERATION of approving of RESOLUTION 2013-36 abandoning whatever
right, title, or interest the Town has in the certain public utility and drainage easements
located at the northeasterly property line of Plat 604B, Block 6, Lot 18 (11711 Spotted
Horse Way) as recorded in Book 196 of Maps, Page 27, Records of Maricopa County,
Arizona. EA13-07 (RG Development, Inc.)
3. CONSIDERATION of approving of RESOLUTION 2013-32 abandoning whatever
right, title, or interest the Town has in portions of the certain public utility and drainage
easements, but retaining a telecommunication easement located at the northwesterly
property line of Plat 603C, Block 5, Lot 20 (15728 E. Sycamore Drive) as recorded in
Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA13-06
(Batteen).
4. CONSIDERATION of approving RESOLUTION 2013-40 abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located
at the easterly side property line of Plat 201A, Block 1, Lot 6 (11817 N. Nightingale
Circle) as recorded in Book 150 of Maps, Page 32, Records of Maricopa County,
Arizona. EA13-08 (Robert Tidrick)
5. CONSIDERATION of a FINAL REPLAT for a Lot Join at 16707 and 16719 E. Last
Trail Drive, aka Plat 412-B, Block 5, Lots 5 & 6. (APN 176-09-277 & APN 176-09-
278) Case # S2013-02
6. CONSIDERATION of approving RESOLUTION 2013-39, the Town of Fountain Hills
Personnel Policies and Procedures, Amended and Restated August 1, 2013.
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Jean Linzer, representing the Fountain Hills and Lower
Verde Valley Museum and Historical Society, for the purpose of a fundraiser. The
event is scheduled for Saturday, August 10, 2013, from 5:00-10:00 p.m., at the
Community Center.
REGULAR AGENDA ITEMS
8. CONSIDERATION of APPOINTING five Commissioners and one Youth
Commissioner to the Strategic Planning Advisory Commission (SPAC), each for a term
beginning on August 1, 2013 and expiring on June 30, 2015.
9. PUBLIC HEARING of a request for a RE-ZONING from C-1 to C-3 and for a
SPECIAL USE PERMIT to allow Prevco Subsea Housings LLC to remodel an existing
4,830 sq. ft. office building, construct an additional 9,960 sq. ft. light assembly and
manufacturing building and to install additional landscaping and other site upgrades at
11843 N. Desert Vista. (Cases #Z2013-05 , #SU2013-02 )
10. CONSIDERATION of a request for a RE-ZONING from C-1 to C-3 and for a
SPECIAL USE PERMIT to allow Prevco Subsea Housings LLC to remodel an existing
4,830 sq. ft. office building, construct an additional 9,960 sq. ft. light assembly and
manufacturing building and to install additional landscaping and other site upgrades at
11843 N. Desert Vista. (Cases #Z2013-05 , #SU2013-02 )
Date posted: 7/25/13 Time posted: 12:00 PM
Z:\Council Packets\2013\R130801\130801A.docx Last printed 7/24/2013 4:23 PM Page 4 of 4
11. CONSIDERATION of RESOLUTION 2013-24, levying upon the assessed valuation
of the property within the Town of Fountain Hills, subject to taxation a certain sum
upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount
estimated to be required in the annual budget to provide funds for bond redemptions,
and for the purpose of paying interest upon bonded indebtedness; all for the Fiscal Year
ending the June 30, 2014.
12. CONSIDERATION of a BUDGET TRANSFER from the Special Revenue Fund,
Miscellaneous grant line item appropriation to the Vehicle Replacement Fund, in the
amount of $200,690.91, for vehicles and equipment as scheduled in the Vehicle
Replacement Schedule.
13. DISCUSSION WITH POSSIBLE ACTION relating to THE PROPOSED League of
Arizona Cities and Towns Resolutions to be considered for adoption by the 2014
Resolutions Committee at their August 27, 2013 business meeting, held during the
League of Arizona Cities and Towns Annual Conference.
14. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for ac tion
or (ii) directing staff to conduct further research and report back to the Council:
A. NONE.
15. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the
Town Manager Ken Buchanan.
16. ADJOURNMENT.
DATED this 25th day of July, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 PM
WHEN: THURSDAY, AUGUST 1, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 7/25/13 Time posted: 12:00 PM
Z:\Council Packets\2013\R130801\130801A.docx Last printed 7/24/2013 4:23 PM Page 2 of 4
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Representative member of A United Methodist Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will review RECENT EVENTS attended relating to ECONOMIC
DEVELOPMENT.
ii.) The Mayor will read a PROCLAMATION regarding the Red Shirt Fridays.
iii.) The Mayor will read a PROCLAMATION honoring the late President Dr. Clinton
M. Pattea of the Fort McDowell Yavapai Nation.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) INTRODUCTION of the Town of Fountain Hills Fire Chief, Randy Roberts.
ii) RECOGNITION of the Town of Fountain Hills’ designation as a Playful City
U.S.A. Community.
iii) RECOGNITION of the Town of Fountain Hills’ designation as top “Booming
Suburb” in Arizona as per the Coldwell Banker Real Estate’s survey in the final
installment of their “Best Places to Live” series.
iv) QUARTERLY BUDGET REPORT by Deputy Town Manager Julie Ghetti for the
fiscal quarter ending June 30, 2013.
v) RECOGNITION of the Town of Fountain Hills’ first Government Finance Officers
Association (GFOA) Award for Outstanding Achievement in Popular Annual
Financial Reporting (PAFR) for year ending June 30, 2012.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised
during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the
conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to
review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
June 20, 2013.
Date posted: 7/25/13 Time posted: 12:00 PM
Z:\Council Packets\2013\R130801\130801A.docx Last printed 7/24/2013 4:23 PM Page 3 of 4
2. CONSIDERATION of approving of RESOLUTION 2013-36 abandoning whatever
right, title, or interest the Town has in the certain public utility and drainage easements
located at the northeasterly property line of Plat 604B, Block 6, Lot 18 (11711 Spotted
Horse Way) as recorded in Book 196 of Maps, Page 27, Records of Maricopa County,
Arizona. EA13-07 (RG Development, Inc.)
3. CONSIDERATION of approving of RESOLUTION 2013-32 abandoning whatever
right, title, or interest the Town has in portions of the certain public utility and drainage
easements, but retaining a telecommunication easement located at the northwesterly
property line of Plat 603C, Block 5, Lot 20 (15728 E. Sycamore Drive) as recorded in
Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA13-06
(Batteen).
4. CONSIDERATION of approving RESOLUTION 2013-40 abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located
at the easterly side property line of Plat 201A, Block 1, Lot 6 (11817 N. Nightingale
Circle) as recorded in Book 150 of Maps, Page 32, Records of Maricopa County,
Arizona. EA13-08 (Robert Tidrick)
5. CONSIDERATION of a FINAL REPLAT for a Lot Join at 16707 and 16719 E. Last
Trail Drive, aka Plat 412-B, Block 5, Lots 5 & 6. (APN 176-09-277 & APN 176-09-
278) Case # S2013-02
6. CONSIDERATION of approving RESOLUTION 2013-39, the Town of Fountain Hills
Personnel Policies and Procedures, Amended and Restated August 1, 2013.
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Jean Linzer, representing the Fountain Hills and Lower
Verde Valley Museum and Historical Society, for the purpose of a fundraiser. The
event is scheduled for Saturday, August 10, 2013, from 5:00-10:00 p.m., at the
Community Center.
REGULAR AGENDA ITEMS
8. CONSIDERATION of APPOINTING five Commissioners and one Youth
Commissioner to the Strategic Planning Advisory Commission (SPAC), each for a term
beginning on August 1, 2013 and expiring on June 30, 2015.
9. PUBLIC HEARING of a request for a RE-ZONING from C-1 to C-3 and for a
SPECIAL USE PERMIT to allow Prevco Subsea Housings LLC to remodel an existing
4,830 sq. ft. office building, construct an additional 9,960 sq. ft. light assembly and
manufacturing building and to install additional landscaping and other site upgrades at
11843 N. Desert Vista. (Cases #Z2013-05 , #SU2013-02 )
10. CONSIDERATION of a request for a RE-ZONING from C-1 to C-3 and for a
SPECIAL USE PERMIT to allow Prevco Subsea Housings LLC to remodel an existing
4,830 sq. ft. office building, construct an additional 9,960 sq. ft. light assembly and
manufacturing building and to install additional landscaping and other site upgrades at
11843 N. Desert Vista. (Cases #Z2013-05 , #SU2013-02 )
Date posted: 7/25/13 Time posted: 12:00 PM
Z:\Council Packets\2013\R130801\130801A.docx Last printed 7/24/2013 4:23 PM Page 4 of 4
11. CONSIDERATION of RESOLUTION 2013-24, levying upon the assessed valuation
of the property within the Town of Fountain Hills, subject to taxation a certain sum
upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount
estimated to be required in the annual budget to provide funds for bond redemptions,
and for the purpose of paying interest upon bonded indebtedness; all for the Fiscal Year
ending the June 30, 2014.
12. CONSIDERATION of a BUDGET TRANSFER from the Special Revenue Fund,
Miscellaneous grant line item appropriation to the Vehicle Replacement Fund, in the
amount of $200,690.91, for vehicles and equipment as scheduled in the Vehicle
Replacement Schedule.
13. DISCUSSION WITH POSSIBLE ACTION relating to THE PROPOSED League of
Arizona Cities and Towns Resolutions to be considered for adoption by the 2014
Resolutions Committee at their August 27, 2013 business meeting, held during the
League of Arizona Cities and Towns Annual Conference.
14. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action
or (ii) directing staff to conduct further research and report back to the Council:
A. NONE.
15. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the
Town Manager Ken Buchanan.
16. ADJOURNMENT.
DATED this 25th day of July, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
TOWN OF FOUNTAIN HILLS
PROCLAMATION
Whereas, since the year 2010, the Fountain Hills Veterans of Foreign
Wars, American Legion and AmVets have shown support for American
servicemen and women by promoting "Red Shirt Fridays" in Fountain Hills;
and
Whereas, it is the desire of these organizations to reinvigorate this noble
effort to honor servicemen and women who contribute to liberty and
freedom in America and around the world; and
Whereas, by wearing red every Friday we are announcing silently that we
are grateful to our servicemen and women for their bravery and sacrifice
and that we will not forget them; and
Whereas, the red shirts are sponsored by the Veterans groups of Fountain
Hills, Arizona and the shirt states "We are Free, Because of the Brave;"
Now, therefore, I, Mayor Linda M. Kavanagh, do hereby once again
proclaim each Friday in The Town of Fountain Hills to be "Red Shirt
Friday," and urge each and every citizen to honor American servicemen
and woman by wearing red on Fridays.
DATED This 23rd day of July, 2013.
Linda M. KavanagnjVlayor
Bevelyn J./SenderTTown Clerk
Ttrviw o j you NTAIN MILLS
T'RQCLAMA'IlOM
, the Town of Fountain Hills and the Fort McDowell Yavapai
Nation have lived and worked together as neighbors for many years,
AMD yvtfTWEAS, since the 1960s, President Dr. Clinton M. Pattea
exhibited visionary leadership of the Fort McDowell Yavapai Nation,
AMD 'WJfE'RZAS, President Dr. Clinton M. Pattea worked tirelessly to
promote education, culture, health and wellness, and economic
opportunity,
AND 'WJfE'R.TAS, the leadership of President Dr. Clinton M. Pattea led
to the betterment of both the Fort McDowell Yavapai Nation and the Town
of Fountain Hills,
AND yv^T'RfEAS, President Dr. Clinton M. Pattea's inspirational
accomplishments will endure,
MO'W, TJfE'R.TfO'R'E, I, Mayor Linda M. Kavanagh, Mayor of the Town of
Fountain Hills, Arizona, hereby proclaim the Town's gratitude and respect
for the life and legacy of our friend and neighbor, President Dr. Clinton M.
Pattea.
DAT'ED This 1 st day of August, 201 3.
M, Kavancivh, Mayor
d*}+~+*-<
i. Mavor 0
Attest:
Bevelyn J. Binder'flown Clerk
Fire Chief, Randy Roberts
Years of Fire Department Service: 36 years
Randy has a long history with the fire service. He retired from the Phoenix
Fire Department in 2007 with 30 years of service. As a resident of Fountain
Hills since 1987, he is very committed to this town that he calls home, and
he was excited to have the opportunity to join the Fountain Hills Rural/Metro
Fire Department. He shares a vision of exemplary customer service along
with maintaining the highest level of training and service delivery skills. He
served as the Assistant Chief and Fire Marshal from 2007 until June of 2013.
He now serves as the Interim Fire Chief.
Coldwell Banker Real Estate Announces Top Booming
Suburbs in Best Places to Live Ranking
MADISON, NJ--(Marketwired - Jun 26, 2013) - Cottage Lake, Wash., is one of four Seattle
suburbs to lead the Coldwell Banker Real Estate "Top Booming Suburbs in America" survey --
the final installment of the Coldwell Banker® Best Places to Live series. The "Booming
Suburbs" ranking rated 1,500 communities based on increased year-over-year levels in
employment and unemployment percentages below the national norm, along with a range of
attributes that include access to suburban staples (grocery stores, banks, etc.), proximity to good
schools, commuting by car and community safety.
Cottage Lake, located approximately 21 miles northeast of downtown Seattle, was joined in the
top five by Sammamish and Mercer Island, both within a 30-minute commute from the Emerald
City. Prairieville, La., a suburb of Baton Rouge, and Jacksonville suburb Fruit Cove, Fla.,
rounded out the top five Booming Suburbs, based on methodology created by Coldwell Banker
and its partner in the study, Onboard Informatics.
Rank Booming Suburb State Score*
1 Cottage Lake Wash. 1,000
2 Prairieville La. 986.42
3 Fruit Cove Fla. 985.68
4 Sammamish Wash. 985.56
5 Mercer Island Wash. 983.13
6 Riverton Utah 979.65
7 Brentwood Tenn. 976.50
8 Lehi Utah 975.58
9 Cooper City Fla. 972.10
10 Maple Valley Wash. 971.73
*The "score" in the above table is based on a scale from 1-1,000, with 1,000 being the No. 1
booming suburb.
"As America continues to bounce back from the recession, this ranking identifies suburbs that
have shown strong economic growth since the recovery," said Budge Huskey, president and
chief executive officer of Coldwell Banker Real Estate LLC. "These communities have the
American ideals we love, the suburban dream intact and a population that is finding jobs at a
better rate than the national average. That is the definition of a thriving community."
Interesting Facts about the Top 10 Booming Suburbs
1. Cottage Lake, Wash. (Suburb of Seattle-Tacoma-Bellevue / King County)
Growth in Employed Persons: 3.5 percent
Average Commute Time: 30 minutes
Resembling an idyllic "Leave It to Beaver" setting, situated on a beautiful lake, this
unincorporated suburb hosts many individual IT, finance, insurance, medical and biotechnology
firms, but also benefits from nearby Internet, retail and other corporate headquarters in
downtown Seattle. The area is also a big proponent of sustainability and the wine-making and
agritourism industries.
2. Prairieville, La. (Suburb of Baton Rouge / Ascension County)
Growth in Employed Persons: 2.7 percent
Average Commute Time: 30 minutes
Prairieville, La., is one of the fastest growing areas in the state, with more than 25 specialty
chemical and petrochemical flagship plants clustered along the Mississippi River. With more
reciprocal industries populating the town and forming an individual supply chain for products, it
captures a strong resident labor force specializing in manufacturing, education, health and social
services.
3. Fruit Cove, Fla. (Suburb of Jacksonville / St. Johns County)
Growth in Employed Persons: 3.6 percent
Average Commute Time: 30 minutes
The charming suburb of Fruit Cove, Fla., is home to some of the most unique small companies,
corporate businesses and specialty shops. As an unincorporated suburb, it is home to diverse
industries of finance and insurance, healthcare, educational services, professional, scientific and
technical services and construction, and keeps to its roots of retaining a small town feel.
4. Sammamish, Wash. (Suburb of Seattle-Tacoma-Bellevue / King County)
Growth in Employed Persons: 3.5 percent
Average Commute Time: 30 minutes
Sammamish, Wash., features a highly-dedicated workforce of employers in the technology and
aerospace sectors. As a young city (the town was incorporated in 1999), there are several upscale
residential communities, in addition to a local symphony orchestra, three private golf courses and
a public beach within five miles.
5. Mercer Island, Wash. (Suburb of Seattle-Tacoma-Bellevue / King County)
Growth in Employed Persons: 3.5 percent
Average Commute Time: 20 minutes
Mercer Island, Wash., holds the title of most populated island on a lake within the United States,
and is the 50th largest city in the State of Washington. Being connected to Seattle by the second
longest floating bridge in the world, this suburb emphasizes its jobs in professional services,
which makes up the leading industry found within Mercer Island, followed by sectors of finance,
retail and education.
6. Riverton, Utah (Suburb of Salt Lake City / Salt Lake County)
Growth in Employed Persons: 2.9 percent
Average Commute Time: 25 minutes
Once a rural farming town with cattle ranges, Riverton, Utah has transformed with the rise in
big-box national retailers, financial institutions and chain restaurants. Previously serving as the
headquarters for Intel, this suburb has now become a home of The Church of Jesus Christ of
Latter Day Saints, one of the newest major employers in Riverton, Utah that recently moved its
IT jobs from nearby Salt Lake City and Provo. Other regional companies based here include
Micron Technology, Inc., Xango and Cabela's.
7. Brentwood, Tenn. (Suburb of Nashville-Davidson-Murfreesboro-Franklin / Williamson
County)
Growth in Employed Persons: 2.2 percent
Average Commute Time: 25 minutes
Brentwood, Tenn. is home to some famous athletes and musicians, and features the highest per
capita income in the State of Tennessee, with Williamson County being the 17th wealthiest
county in the United States. Many locals work for the surrounding national and regional
corporate headquarters or offices, such as Nissan North America, Comdata, Tractor Supply
Company and 13 of the largest 25 publicly-traded companies in the Nashville region.
8. Lehi, Utah (Suburb of Provo-Orem / Utah County)
Growth in Employed Persons: 4.2 percent
Average Commute Time: 25 minutes
Evolving from a heritage of agricultural and animal industries, Lehi, Utah is known for its world-
famous Lehi Roundup Rodeo and strong workforce, supported by graduates at Utah Valley
University (UVU) and Brigham Young University (BYU). Thanksgiving Point, the famous
museum complex with professional golf course, continues to attract regional business tenants to
its new office park.
9. Cooper City, Fla. (Suburb of Miami-Fort Lauderdale-Pompano Beach / Broward
County)
Growth in Employed Persons: 3.1 percent
Average Commute Time: 25 minutes
Cooper City, Fla. bears a strong and vibrant sense of community. This suburb is the fourth
highest median household income in Broward County. It is also home to Brian Piccolo Park,
which boasts tennis courts, multi-purpose fields, a skate park and one of the few cycling tracks in
South Florida, as well as one of the best cricket grounds in the United States.
10. Maple Valley, Wash. (Suburb of Seattle-Tacoma-Bellevue / King County)
Growth in Employed Persons: 3.5 percent
Average Commute Time: 33 minutes
Maple Valley, featuring three lakes, two golf courses, and several miles of trails, harnesses the
nostalgia of country living and the convenience of a city. Having more than doubled its
population since the 1990s, this suburb has become one of the fastest growing areas in the state,
with a job market focused on retail, construction and education.
By state, here is the list of the top Booming Suburbs:
State No. 1 Suburb Score
Alabama Pelham 918.31
Arizona Fountain Hills 874.18
Arkansas Bella Vista 912.28
California Belmont 965.76
Colorado Highlands Ranch 909.81
Connecticut Trumbull 757.49
Delaware Newark 757.90
District of Columbia Washington 700.45
Florida Fruit Cove 985.68
Georgia Evans 887.04
Hawaii Mililani Town 910.76
Idaho Rexburg 928.17
Illinois Elmhurst 749.09
Indiana Carmel 849.80
Iowa Urbandale 883.30
Kansas Leawood 952.87
Kentucky Georgetown 846.52
Louisiana Prairieville 986.42
Maine South Portland 783.73
Maryland Ellicott City 946.78
Massachusetts Lexington 954.00
Michigan Forest Hills 958.95
Minnesota Edina 969.90
Mississippi Brandon 834.24
Missouri St. Peters 859.35
Nebraska Hastings 969.64
Nevada Summerlin South 760.46
New Hampshire Merrimack 810.61
New Jersey Bridgewater 836.57
New Mexico Rio Rancho 749.06
New York Clarkstown 773.44
North Carolina Chapel Hill 850.52
North Dakota West Fargo 818.81
Ohio Delaware 907.36
Oklahoma Broken Arrow 969.21
Oregon West Linn 745.80
Pennsylvania Plum 781.35
Rhode Island Coventry 733.81
South Carolina Mount Pleasant 884.78
Tennessee Brentwood 976.50
Texas Little Elm 963.12
Utah Riverton 979.65
Virginia McLean 919.23
Washington Cottage Lake 1,000
Wisconsin Mequon 822.84
Methodology
Coldwell Banker® partnered with Onboard Informatics, a leading provider of trusted real estate
information and technology solutions, to identify the Coldwell Banker Best Places to Live for
"Booming Suburbs". For each category in the Coldwell Banker Best Places to Live series, each
location was assigned a score based on 15-20 attributes selected by Coldwell Banker and
Onboard Informatics. Some of the attributes for the Booming Suburbs ranking / score include
access to suburban amenities (grocery stores, banks, etc.), proximity to good schools, commuting
by car and community safety. Additional attributes include a low unemployment score, growth in
employed persons and positive change over time in employment (Source:Bureau of Labor
Statistics). The resulting Booming Suburbs list includes only those suburbs that have a
population greater than or equal to 22,275. While categories in the Coldwell Banker Best Places
to Live series share many underlying attributes, each category is defined and calculated
independently.
QUARTERLY FINANCIAL REPORT
Quarter Ending June 2013
August, 2013
The General
Fund is the
Town’s main
operating fund
and is used to
fund general
government
operations
including
police and fire,
parks,
Community
Center; other
funds are
restricted for
specific
purpose
GENERAL FUND
GENERAL FUND REVENUES BY SOURCE
Through June 30, 2013
Fountain
Hills local
sales tax
and State
shared
revenues
account for
92% of
General
Fund
operating
funds
GENERAL FUND REVENUE
Local
sales and
State
Shared
revenues
are at
100% of
budget –
court and
permit
revenues
are under
projections
STATE SHARED REVENUES
SSR represents
39% of General
Fund revenue
and is
distributed to
cities/ towns
based on
population
Income tax is
based on two
years prior; VLT
is derived from
new vehicle
licenses
TOTAL $7.9M (for all funds)
Local Sales
tax
represents
55% of
General Fund
revenue
Retail activity
is flat
compared to
previous
year;
restaurant/
bar activity
is 12%
All General Fund departments
were under budget last year
Pavement management program
was accomplished with cuts to all
budgets and a transfer of
$750,000 from General Fund to
streets fund for program
Total expenditures are $1.5M less
than previous year
Public Safety includes Fire/Emergency
Services as well as Law Enforcement –
combined the two departments represent
51% of the General Fund budget
Community Services includes parks,
Community Center, recreation
Development Services includes building
safety, engineering, planning/zoning,
facilities, open space
Administrative includes Town Manager,
Town Clerk, Finance, Economic
Development, Legal, Insurance, Volunteers
OTHER FUNDS
HIGHWAY USER REVENUE FUND
HURF
revenues are
derived from
gasoline
taxes and
distributed
based on
population of
Fountain
Hills;
revenues are
93% of
projections
HURF Expenditures
*Debt Service MPC expended funds in FY10-11 to pay off the debt on Town
Hall
*Capital Projects budget included potential grant funds that were not received
SUMMARY
•Fund balances remain healthy for all funds
•General Fund revenues are higher than last fiscal year
but 3.6% lower than budgeted
•General Fund expenditures were 90% of the budget
•Pavement management remains a priority and will be
funded through Vehicle License Tax revenues
•Approximately $200,000 of surplus General Fund
reserves will be transferred to the Capital Projects Fund
per policy (after audit)
FUND BALANCE
Fund balance includes
Rainy Day Fund and
General Fund reserves
that are not available for
appropriation; other
funds are restricted for
specific purpose.
Funds are invested only
in government securities
according to the Town’s
adopted investment
policy
General Fund $5,500,000
HURF $450,000
Special Revenue Funds $243,543
Downtown Strategy Fund $2,175,685
Downtown Economic Development $0
Public Art $1,618
Development Fees:
Law Enforcement $202,099
Fire & Emergency $43,834
Streets $158,467
Parks & Recreation $48,699
Open Space $1,648,340
Library/Museum $42,557
Debt Service $98,668
Capital Projects $9,325,360
Rainy Day Fund $1,345,200
Vehicle Replacement Fund $802,893
Total $22,086,963
Fiscal Quarter Fund Balances
30-Jun-13
Town of Fountain Hills, Arizona
Popular Annual Financial Report
for fiscal year 2011-2012, ending June 30, 2012
Page 3 Page 5 Page 7 Page 9 Page 8
2011-2012
Financial
Overview
Net
Assets
Property
Taxes
Community
Profile
Capital
Investments
The height of desert living. 2011-2012 Popular Annual Financial Report
Members of the Administra-
tion Department, Finance Divi-
sion, are pleased to present the
Town of Fountain Hills first ever
Popular Annual Financial Report
for the fiscal year ended June 30,
2012. This report is intended to
present an accessible overview of
the Town’s financial position and
policies, and its commitment to
providing responsive services
and programs in a fiscally re-
sponsible manner.
We share with you details of how the Town’s
revenue is generated, where the dollars are spent,
and how the local economy impacts Fountain
Hills’ overall financial status. Above all, our goal
is to provide you with an opportunity to better
understand the many financial aspects that affect
your local government.
The financial information provided here is
drawn from detailed information found within
the fiscal year 2011-2012 Comprehensive An-
nual Financial Report (CAFR). The financial
statements were prepared in conformance with
Generally Accepted Accounting Principles
(GAAP) and audited by an independent account-
ing firm, receiving an unqualified (or clean)
opinion. The numbers contained within the
CAFR were obtained by employing the basis of
accounting as prescribed by the Governmental
Accounting Standards Board (GASB).
In short, the highest standards of accounting
principles have been utilized to ensure full finan-
cial disclosure and accountability. Recognition
of this commitment is evidenced by the Town
attaining the Certificate of Achievement for Ex-
cellence in Financial Reporting for 15 consecu-
tive years, and the Distinguished Budget Presen-
tation Award for 11 consecutive years. These
awards are presented by the Government Finance
Officer’s Association of the United States and
Canada.
While the numbers in this Popular Report
come from an audited source, they are presented
in an abridged, unaudited non-GAAP format.
Citizens who wish to review audited GAAP-
basis financial statements can refer to the Town’s
2011-2012 CAFR, which is available online at
www.fh.az.gov/reports.aspx. or for purchase
from the Finance Division.
Members of the Finance Division and staff
across the organization are proud to serve this
fine community. We hope that the 2011-2012
Popular Annual Financial Report serves its pur-
pose and helps assure you that every effort is
made to manage the community’s resources
wisely for the benefit of all.
Julie A. Ghetti, MPA, CPA, CGFM
Deputy Town Manager/Finance Director
Page 2
Welcome
The height of desert living. 2011-2012 Popular Annual Financial Report
MONIES IN
As a governmental entity, the Town uses fund accounting, or self-balancing sets of accounts segre-
gated for specific activities. Governmental funds are used to account for tax supported activities and
the Town receives the funding it needs to provide services to the community from a variety of
sources. The table below presents a summary of governmental revenues by primary type for fiscal
years 2011-2012 and 2010-2011, in order to present a picture of typical revenues from year to year.
The recession and weak economic conditions nationwide contributed to a decrease in revenues of
$1,223,787 or 7.2% compared to 2011. Investment earnings have increased with a revised invest-
ment policy. Intergovernmental revenue is shared from the State and distributed based on popula-
tion, which declined with the 2010 census.
Page 3
2011-2012 Financial Overview
In this section, we present an overview of monies in and monies out for the Town of Fountain Hills for
the fiscal year ended June 30, 2012.
REVENUE TYPE DEFINTIONS
Taxes - Sales - the Town charges a local sales tax of 2.6% on most goods purchased in the Town. This tax is in addition to the
State of Arizona rate of 6.6% and the Maricopa County rate of .7%, for a total sales tax rate of 9.9%.
Taxes - Property - the Town does not charge a primary property tax, only a secondary property tax. The secondary tax is for
debt repayment on voter approved bonds (specifically the Library/Museum and open space).
Taxes - Franchise - revenue received from utility (telecommunications) companies for the right to operate within the Town.
Intergovernmental - these are revenues received from other governments or entities, including state shared sales tax, state
shared income tax, fire insurance premium tax and vehicle license tax.
Fines and Forfeitures - these are revenues received from court fines.
Licenses and Permits - includes building permit fees, business and animal license fees, fire inspections, etc.
Charges for Services - these are revenues received from services and/or programs provided by the Town such as recreation
programs.
Rents and Royalties - rental fees for use of the Community Center as well as fees from leases for cellular telephone towers.
Investment Revenue - revenue received from interest on invested monies.
Other - these are revenues that do not fit under another classification.
$-$2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000
Other
Investment Revenue
Rents and Royalties
Charges for Services
Licenses and Permits
Fines and Forfeitures
Intergovernmental
Taxes
2011
2012
Revenues 2012 2011
Taxes:
Sales 7,787,489$ 8,013,480$
Property 1,457,702 1,367,915
Franchise 332,130 322,659
Intergovernmental 6,035,448 7,165,103
Fines and Forfeitures 223,673 236,221
Licenses and Permits 194,976 312,367
Charges for Services 405,663 388,635
Rents and Royalties 206,018 227,195
Investment Revenue 88,877 28,456
Other 178,393 72,125
Total Revenues 16,910,369$ 18,134,156$
Governmental Funds
Two Year Revenues Summary by Type
The height of desert living. 2011-2012 Popular Annual Financial Report Page 4
MONIES OUT
The two-year comparison below for Town expenditures shows a decrease in the overall cost of op-
erations, primarily due to reduced spending in most departments - overall, 2012 total Governmental
Fund expenditures were $238,675, or 1.4% less than in 2011. With the completion of a major capi-
tal road project in 2011, the capital outlay category was 18% less than the previous year; Develop-
ment Services includes public works projects that were deferred due to the economy. General Gov-
ernment expenditures increased over the prior year as a result of the costs for the bi-annual election
for Mayor and Town Council as well as expenditures for upgraded equipment for the Town’s public
access television channel.
EXPENDITURE TYPE DEFINTIONS
General Government - functions serving Town operations as a whole, including: Town Council, Town Manager, Town
Clerk, Finance, Human Resources, Information Technology, Town Attorney, and Town Prosecutor.
Public Safety - encompasses the contracted services for Law Enforcement and Fire and Emergency Medical departments.
Highways and Streets - represents the Street division.
Culture and Recreation - encompasses the services, programs and facilities provided by Parks & Recreation, Community
Center and Senior Services.
Development Services - encompasses Engineering, Facilities, Planning, Building Safety, Code Compliance and Mapping and
Graphics divisions.
Capital Outlay - expenditures on the Town’s Capital Improvement Program projects.
Debt Service - interest and other related costs affiliated with the Town’s issuance of debt to support various capital improve-
ment activities.
2012 Financial Overview—continued
Expenditures 2012 2011
General Government 2,887,321$ 2,575,975$
Public Safety 5,869,445 5,772,800
Highways and Streets 1,054,930 1,123,230
Culture and Recreation 1,794,332 1,871,446
Development Services 1,421,787 1,564,615
Debt Service 2,659,887 2,859,330
Capital Outlay 884,323 1,043,304
Total Expenditures 16,572,025$ 16,810,700$
Governmental Funds
Two Year Expenditures Summary by Type
The height of desert living. 2011-2012 Popular Annual Financial Report
The Town’s Net Assets
The Statement of Net Assets presents information on all the Town’s assets and liabilities, with the
difference between the two reported as net assets. Over time, increases and decreases in net assets
may serve as a useful indicator of whether the financial position of the Town is improving or dete-
riorating. Net assets are categorized by activity type. Governmental activities include services
largely funded through revenues such as sales tax and charges for services.
Net assets consist of three components. The largest portion (77%) reflects the Town’s investment in
capital assets (land, buildings, infrastructure, vehicles, machinery and equipment), less any out-
standing related debt used to acquire those assets. An additional portion of the Town’s net assets
(5%) represents resources subject to restrictions on how they may be used. These legal restrictions
are imposed by outside entities such as federal or state governments. An example of such a restric-
tion is the gasoline tax. The State of Arizona charges the gasoline tax and shares some of it with
communities. These revenues are legally restricted by the State to be used only for expenditure on
street projects. Portions of net assets are also restricted to pay debt service and fund capital projects.
The remainder of net assets is unrestricted as to purpose.
Page 5
2012 2011
ASSETS
Current and Other Assets 28,669,946$ 28,545,371$
Capital Assets
Non-Depreciable 25,934,778 28,304,198
Depreciable (net)81,921,325 82,314,694
Total Assets 136,526,049 139,164,263
LIABILITIES
Current and Other Liabilities 3,256,053 3,334,185
Long-Term Liabilities
Due Within One Year 2,319,551 2,249,113
Due in More Than One Year 11,928,659 14,017,218
Total Liabilities 17,504,263 19,600,516
NET ASSETS
Invested in Capital Assets, Net
of Related Debt 92,006,103 92,579,483
Restricted 5,951,416 4,385,595
Unrestricted 21,064,267 22,598,669
Total Net Assets 119,021,786$ 119,563,747$
Net Assets
Town of Fountain Hills
The height of desert living. 2011-2012 Popular Annual Financial Report
Fund Accounting
State and local governments, such the Town, employ fund accounting whereby assets and liabilities
are grouped according to the purpose for which they are to be used. Each grouping, or fund, oper-
ates as a separate self-
balancing set of accounts.
The General Fund is the
chief operating fund of the
Town and General Fund ex-
penditures account for 71%
of governmental expendi-
tures. Special revenue funds
group revenues raised for a
specific purpose. Capital pro-
ject funds account for the
acquisition or construction of
major capital facilities. These
intended uses can be demon-
strated by viewing the com-
ponents of governmental
fund balances. While the
fund balance is an important
component of fiscal planning and factors into the Town’s debt rating, it is anticipated that the bal-
ance in the General Fund will decline over the next few years since expenditures are expected to
rise at a faster pace than general revenue sources.
The Town’s Net Assets—continued
Page 6
General Fund
30%
Capital Projects
Fund
38%
Municipal
Property
Corporation Debt
Service Fund
11%
Non-Major
Governmental
Funds
21%
The height of desert living. 2011-2012 Popular Annual Financial Report Page 7
One of the biggest bills residents face each year is tied to the property they own. Property tax in
Fountain Hills is administered by Maricopa County, and is based on property value (ad valorem)
and typically included with the resident’s monthly mortgage payment. As the table indicates, only a
small portion (3.5%) of your property taxes go to the Town of Fountain Hills—this portion pays for
the annual payment on the bonds approved by voters for open space and the library/museum build-
ing. The majority supports Fountain Hills schools, Fountain Hills Sanitary District, and various
Maricopa County districts. Currently, property taxes represent one of the smallest and most stable
sources of revenue for the Town at 8.6% of total revenues. Property Taxes
The primary property tax reve-
nue pays for the basic operat-
ing costs of government and
schools. The Town does not
have a primary property tax for
operations.
Revenue from the secondary
property tax pays for the an-
nual debt payment on bonds
that have been approved by
voters and special taxing dis-
tricts such as the Sanitary Dis-
trict; the rate is set by the
County. The rate is calculated
using 10% of the assessed valuation of property (assigned by the County), dividing by 100 and mul-
tiplying by the tax rate. For example, a residential property with an assessed value of $350,000
would pay approximately $2,678 ($350,000 x 10% divided by 100 x 7.6522).
$-$0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50
Maricopa County
State Equalization Tax
Maricopa County Community College
Maricopa County Flood Control District
Maricopa County Library District
Fire Assistance District
Central Arizona Water Conservation
Maricopa Special Health Care District
Fountain Hills Sanitary District
East Valley Institute of Technology
Fountain Hills Unified Schools #98
Town of Fountain Hills
Composition of Property Tax
Entity Primary Rate Secondary Rate
Maricopa County 1.2407$
State Equalization Tax 0.4717$
Maricopa County Community College 1.1563$ 0.2215$
Maricopa County Flood Control District 0.1780$
Maricopa County Library District 0.0492$
Fire Assistance District 0.0110$
Central Arizona Water Conservation 0.1000$
Maricopa Special Health Care District 0.1683$
Fountain Hills Sanitary District 0.7069$
East Valley Institute of Technology 0.0500$
Fountain Hills Unified Schools #98 2.2095$ 0.8234$
Town of Fountain Hills 0.2657$
Total 5.0782$ 2.5740$
The height of desert living. 2011-2012 Popular Annual Financial Report Page 8
How Capital Investments are Funded
The Town’s capital outlay consists of investments in our roads, equipment, public facilities, and
parks.
Every year, the Town prepares and adopts an on going, Five-Year Capital Improvement Plan that
provides for a comparable annual value of infrastructure improvement projects. Town Council and
staff review and update the plan each year as part of the budget process. The projects are funded
using a combination of grants and existing funds.
The Town’s Debt Policy provides a set of criteria to help determine when it’s best to fund capital
projects using existing revenues, issuing bonds or seeking loans. The Town has an Aa3 bond rating
from Moody’s Investors Service for the general obligation bonds and an A1 rating for the revenue
bonds. These ratings allow the Town to receive very competitive interest rates when issuing debt.
Capital Investments
DEBT TYPE DEFINTIONS
General Obligation Bonds - long-term debt that is repaid
from the Town’s available resources.
Revenue Bonds - long-term debt with repayment to come
from a pledged Town revenue stream.
The State imposes certain debt limitations of
20% and 6% of the net secondary assessed valua-
tion of the Town. For projects involving water,
sewer, artificial lighting, parks, open space, pub-
lic safety, law enforcement, fire and emergency
facilities, street and transportation facilities and
recreation facilities, the Town can issue GO
bonds up to 20%. For any other general purpose
improvements, the Town may issue bonds up to
the 6% limit.
The Town’s available debt margin is $71.7 mil-
lion in the 20% capacity and $22.7 million in the
6% capacity. The Town is currently using only
5% of the 20% capacity and nothing of the 6%
capacity.
Repayment of Outstanding Debt
The repayment of debt is funded using secondary
property tax and general fund revenues.
Debt Margin
Debt Type 2012 2011
General Obligation Bonds 6,845,000$ 7,965,000$
Revenue Bonds 7,040,000 7,885,000
Total Debt 13,885,000$ 15,850,000$
Two Year Debt Summary
All Funds
Year ending June 30,Principal Interest
2013 2,280,000$ 565,506$
2014 2,415,000 470,431
2015 1,970,000 375,106
2016 2,830,000 233,806
2017 1,120,000 186,406
2018-2021 3,270,000 302,758
13,885,000$ 2,134,013$
The height of desert living. 2011-2012 Popular Annual Financial Report
Profile of Fountain Hills, Arizona
The Town of Fountain Hills is a planned, family-
oriented community established in 1970 by
McCulloch Properties (now MCO Properties,
Inc.). Prior to 1970, the area was a cattle ranch
and was part of one of the largest land and cattle
holdings in Arizona. The land was purchased by
Robert McCulloch in the late 1960s and designed
by Charles Wood, Jr. (designer of Disneyland in
southern California). The centerpiece of Foun-
tain Hills is one of the world's tallest man-made
fountains, a focal point that attracts thousands of
visitors each year.
Located on 13,006 acres of land, and bordering
northeast Scottsdale, Fountain Hills is sur-
rounded by the 3,500-foot McDowell Mountains
on the west, the Fort McDowell Indian Reserva-
tion on the east, the Salt River Pima-Maricopa
Indian Community on the south and by the
McDowell Mountain Regional Park on the north.
Elevation is 1,520 feet at the fountain, 3,000 feet
on Golden Eagle Boulevard, and is 500 feet
above Phoenix.
Over the past twenty-three years, Fountain Hills
has grown from 10,190 residents to a town of
approximately 22,500 based on the 2010 census.
On June 5, 2006, the Town of Fountain Hills be-
came twenty square miles and about ten percent
larger by annexing 1,300 acres of state trust land.
The process to annex the state trust land occurred
over a two and one-half year period and develop-
ment of the land will occur over the next decade.
Annexing this property into the Town ensures
that its future development will be of the highest
quality under such Town’s standards as the cut -
and-fill ordinance and strict zoning regulations.
Fountain Hills will have an opportunity to dem-
onstrate that it is truly the best place to live in the
valley.
The Town offers a range of living styles, from
small community subdivisions to a number of
large custom homes. Fountain Hills also offers
recreational, cultural and retirement programs
that address the needs and lifestyles of active
families and adults. The community consists of
primarily residential property; of the total 20.32
square miles of land, only 2.2% of the total is
zoned commercial and/or industrial, 23.0% is
reserved as open space and 51.3% is residential.
The Town of Fountain Hills is an Arizona Mu-
nicipal Corporation, acting as a general law town
as prescribed in the Arizona Revised Statutes.
The Town was incorporated on December 5,
1989, with the governmental and administrative
affairs of the Town operating under the Council-
Manager form of government. The Town Coun-
cil is responsible, among other things, for the
adoption of local ordinances, budget adoption,
the development of citizen advisory committees
and hiring the Town Manager. The Town Man-
ager is responsible for implementation of the
policies of the Town Council and administering
the Town’s operations through three department
directors and approximately 58 FTE employees.
The Presiding Judge, Town Attorney and Town
Prosecutor are under the direction of the Town
Council.
Page 9
The height of desert living. 2011-2012 Popular Annual Financial Report
Profile of Fountain Hills, Arizona—continued
The Town provides or administers a full range of
services including public safety (law enforce-
ment, fire, animal control); development services
(code enforcement, planning, and public works);
construction and maintenance of streets and in-
frastructure, municipal court, recreational activi-
ties, community center, senior services and cul-
tural events. The Town does not maintain utility
or other operations.
The financial reporting entity (the Town) in-
cludes all the funds of the primary government
(i.e., the Town of Fountain Hills as legally de-
fined) as well as all of its component units. The
component units consist of legally separate enti-
ties for which the primary government is finan-
cially accountable. Blended component units,
although legally separate entities, are, in sub-
stance, part of the primary government’s opera-
tions and are included as part of the primary gov-
ernment. Accordingly, the Cottonwoods Mainte-
nance District, Eagle Mountain Community Fa-
cilities District and Fountain Hills Municipal
Property Corporation are included in the finan-
cial reports of the Town.
The annual budget serves as the foundation for
the Town of Fountain Hills’ financial planning
and control. The Town Council formally adopts
the budget and legally allocates, or appropriates,
available monies for the General Fund, Special
Revenue Funds, Debt Service Funds, and Capital
Projects Fund. Therefore, these funds have ap-
propriated budgets. On or before the second
meeting in April, the Town Manager submits to
the Town Council a proposed budget for the fis-
cal year commencing the following July 1. The
budget includes proposed expenditures and the
means of financing them. The Town Council is
then required to hold public hearings on the pro-
posed budget and to adopt a final budget by no
later than June 30, the close of the Town of
Fountain Hills’ fiscal year. The budget is legally
enacted through passage of a resolution and is
prepared by fund and department. The resolution
sets the limit for expenditures during the fiscal
year. The Town Manager may authorize transfers
from and within personnel and from operating
capital to services or supplies within a depart-
ment. Additional expenditures may be authorized
for expenditures directly necessitated by a natu-
ral or man-made disaster as prescribed in the
State Constitution, Article 9, Section 20.
Page 10
The height of desert living. 2011-2012 Popular Annual Financial Report
Profile of Fountain Hills, Arizona—continued
Awards
Fountain Hills has had its share of accolades. We
have been named one of the “10 Great Places to
Raise a Family in the U.S.” and have been recog-
nized as “The Best Place to Live in the Phoenix
Metropolitan Area.” We have also been listed as
“The Best Affordable Suburb” in Arizona. These
honors make us proud, and we continually strive
to make our community an even better place to
live.
The Government Finance Officers Association
(GFOA) awarded a Certificate of Achievement
for Excellence in Financial Reporting to the
Town of Fountain Hills for its Comprehensive
Annual Financial Report (CAFR) for the fiscal
year ended June 30, 2011. This was the 15th con-
secutive year that the government has received
this prestigious award. In order to be awarded a
Certificate of Achievement, the government pub-
lished an easily readable and efficiently organ-
ized CAFR. This report satisfied both GAAP and
applicable legal requirements. A Certificate of
Achievement is valid for a period of one year
only.
In addition, the government also received the
GFOA’s Distinguished Budget Presentation
Award for its annual budget for the fiscal year
ending June 30, 2012. In order to qualify for the
Distinguished Budget Presentation Award, the
government’s budget document was judged to be
proficient in several categories, including as a
policy document, a financial plan, an operations
guide, and a communications device. This is the
11th consecutive year that the Town has received
the award.
Two hundred thirteen cities and towns, including
Fountain Hills, earned recognition from national
non-profit KaBOOM! as 2012 Playful City USA
communities for their efforts to increase play
opportunities for children. Hailing from 44
states, the 213 Playful City USA honorees range
from six-time honorees such as Atlanta and San
Francisco to 69 first-time recipients. These Play-
ful City USA communities are making a commit-
ment to play and physical activity by developing
unique local action plans to increase the quantity
and quality of play in their community. In doing
so, some of the most innovative concepts and
cost-effective programs are being developed in
Playful City USA communities.
Page 11
The height of desert living. 2011-2012 Popular Annual Financial Report
TOWN MANAGER
Ken Buchanan
DEPARTMENT DIRECTORS
Town of Fountain Hills, Arizona
Town Officials
TOWN COUNCIL
Deputy Town Manager/
Finance Director
Julie A. Ghetti
Presiding Judge Mitchell S. Eisenberg
Community Services
Director
Mark Mayer
Development Services
Director
Paul Mood
Fire Chief Scott LaGreca,
Rural Metro Corporation
District Commander Captain Joe Rodriquez,
Maricopa County Sher-
iff’s Office
Town Prosecutor Iacovino & Kayler
Town Attorney Andrew McGuire,
Gust Rosenfeld, P.L.C.
This Popular Annual Financial Report is in-
tended to summarize the financial information
appearing in the fiscal year 2011-2012 Compre-
hensive Annual Financial Report (CAFR). Cop-
ies of the CAFR can be viewed on the Town’s
website at www.fh.az.gov/reports.aspx and are
available for purchase at the Administration De-
partment. The data included in this review is not
prepared in accordance with GAAP as only a
portion of the Town’s financial statements are
presented.
TOWN HALL Telephone: 480-816-5100
16705 E. Avenue of the Fountains Fax: 480-837-3145
Fountain Hills, Arizona 85268 Website: www.fh.az.gov
Page 12
Arizona Legislature—District 23
U.S. Congress—District 5
Mayor Ms. Linda Kavanagh
Vice Mayor Mr. Henry Leger
Councilmember Mr. Dennis Brown
Councilmember Ms. Ginny Dickey
Councilmember Mr. Tait Elkie
Councilmember Ms. Cassie Hansen
Councilmember Mr. Cecil Yates
1998032.1
RESOLUTION NO. 2013-39
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE TOWN OF FOUNTAIN
HILLS PERSONNEL POLICIES AND PROCEDURES, AMENDED AND
RESTATED AUGUST 1, 2013.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The Town of Fountain Hills Personnel Policies and Procedures, Amended
and Restated August 1, 2013, are hereby approved in substantially the form attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, August 1, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1998032.1
EXHIBIT A
TO
RESOLUTION NO. 2013-39
[Personnel Policies and Procedures, Amended and Restated August 1, 2013]
See following pages.
1978111.1
TOWN OF FOUNTAIN HILLS
PERSONNEL POLICIES AND PROCEDURES
Amended and Restated August 1, 2013
TOWN OF FOUNTAIN HILLS
16705 E. AVENUE OF THE FOUNTAINS
FOUNTAIN HILLS, AZ 85268
480-816-5100
1978111.1 i
TABLE OF CONTENTS
ABOUT THE ORGANIZATION
MISSION STATEMENT
I. GENERAL INFORMATION
(101) General provisions and Purpose
(102) Loyalty Oath
(103) Equal Employment
II. CONDITIONS OF EMPLOYMENT
(201) Proof of Right to Work in the United States
(202) Identification Badges & Building Access
(203) Basic Work Week and Hours of Work
(204) Code of Conduct
(205) Conflict of Interest
(206) Solicitation
(207) Political Activity
(208) Nepotism and Personal Relationships
(209) Secondary Employment
(210) Harassment
(211) Absentee Reporting, Personal Telephone Calls, and Record Changes
(212) Dress Code and Uniforms
(213) Violence in the Workplace
III. RECORDS
(301) Confidentiality and Employee Records
(302) Personnel Record Keeping
(303) Performance Evaluation
(304) Job Descriptions
IV. HEALTH & WELFARE
(401) Drug and Alcohol Abuse and Testing
(402) Smoke-Free Workplace
(403) Weapons
(404) On-the-Job Injury and Illness
(405) Temporary Modified Duty
(406) Disability Accommodation
1978111.1 ii
V. RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
(501) Recruitment
(502) Employment Applications
(503) Background Checks
VI. CLASSIFICATION
(601) FLSA Exempt/Non-Exempt Classifications
(602) Employee Classifications
(603) Call-Back Pay
(604) Stand-By Duty
(605) Job Sharing
VII. WAGE AND SALARY ADMINISTRATION
(701) Wage and Salary Administration
(702) Pay Period
VIII. INTRODUCTORY PERIOD
(801) Introductory Employment Period
IX. FRINGE BENEFITS & LEAVES
(901) Health & Welfare Benefits
(902) Eligibility for Benefits
(903) Vacation Leave
(904) Holidays
(905) Sick Leave
(906) Military Leave
(907) Personal Leave (Optional)
(908) 401A Retirement Plan
(909) Deferred Compensation
(910) Employee Assistance Program
(911) Miscellaneous Leave with Pay
(912) Leaves of Absence without Pay
(913) Tuition Reimbursement Program
(914) Training Funding
(915) Family and Medical Leave Act
(916) COBRA (917) Service Awards
X. TRAVELING ON OFFICIAL BUSINESS
(1001) Travel Time
1978111.1 iii
XI. OTHER WORKPLACE POLICIES
(1101) Membership in Professional and Civic Organizations
(1102) Use of Town Vehicles by Town Employees
(1103) Use of Town Premises, Property and Materials
(1104) Electronic Mail and Scheduling System
(1105) Internet Use
(1106) Use of Electronic Devices
(1107) iPad/iPhone Policy
(1108) Social Media Policy
(1109) Town Furniture and Walls
XII. SUPERVISION AND DISCIPLINE
(1201) Supervision and Discipline
XIII. Separation From Service
(1301) Separation from Employment
(1302) References
(1303) Reduction in Workforce
XIV. PROBLEM SOLVING AND GRIEVANCE PROCEDURES
(1401) Problem Solving
(1402) Grievance Procedures
(1403) Covered/Uncovered Positions
1978111.1 1
ABOUT THE ORGANIZATION
The Town of Fountain Hills municipal government provides a variety of services such as zoning
ordinances and Town code. Major departments include Administration, Community Services, the
Court, Development Services, law enforcement (contracted with the Maricopa County Sheriff’s
Office), and fire and emergency medical service (contracted with Rural Metro). The Town is
operated with a seven-member Town Council handling policy decisions for Fountain Hills. The
Town Manager is responsible for all personnel and administrative matters at Town Hall.
The Town of Fountain Hills has an unrelenting commitment to excellence and equitable treatment to
its employees and customers.
1978111.1 2
Town of Fountain Hills
MISSION STATEMENT
The Town of Fountain Hills’ purpose is to serve the best interests of the community by: providing for its
safety and well being; respecting its special, small-town character and quality of life; providing superior public
services; sustaining the public trust through open and responsive government; and maintaining the stewardship
and preservation of its financial and natural resources. To serve and respect, and provide trust and
stewardship.
1978111.1 3
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: GENERAL INFORMATION
POLICY: GENERAL PROVISIONS AND PURPOSE
POLICY NO: 101
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish Town of Fountain Hills personnel policies and procedures and describe overall
content and relationships to other regulations.
STATEMENT OF POLICY: The Town Council enacts these policies in order to further the following goals:
1. To provide a uniform system of personnel administration throughout the Town service.
2. To assist managers in the development of sound management practices and procedures, and to make
effective and consistent use of human resources throughout the Town.
3. To promote communication between department heads, supervisory staff, and employees.
4. To ensure, protect, and clarify the rights and responsibilities of Town employees.
SCOPE: These personnel policies shall apply to all Town employees unless otherwise noted. Elected
officials; officers subject to appointment and removal by the Council; consultants hired on a contract basis;
contract employees; volunteer workers who receive no regular compensation from the Town; and members of
boards, committees and commissions established by the Council may be subject to separate rules. In the event
of conflict between these policies and any Town ordinance, or state or federal law, the terms and conditions of
those ordinances or laws shall prevail. In all other cases these policies shall apply.
In the event of the amendment of any ordinance, rule, or law incorporated in these policies or upon which
these policies rely, these policies shall be deemed amended in conformance with those changes. The Town
Manager shall have the authority to make such amendments, as mandated by local, county, state or federal
ordinance, regulation or law, and shall also have the authority to make non-substantive amendments.
Amendments shall be reported to the Town Council.
The Town of Fountain Hills specifically reserves the right to repeal, modify or amend these policies at any
time, with or without notice. None of these provisions shall be deemed to create a vested or contractual
right in any employee, or limit the power of the Town Manager to repeal or modify these policies. These
policies are not to be interpreted as promises or specific treatment.
The Town may terminate an employee for any reason or no reason during the introductory period, as
long as the termination is not based on discrimination. In addition, the Town may terminate an
employee for cause after the introductory period. Likewise, the employee may terminate employment at
any time. No individual supervisor, manager or officer can make a contrary agreement.
1978111.1 4
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: GENERAL INFORMATION
POLICY: LOYALTY OATH
POLICY NO: 102
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of this procedure is to document and ensure compliance with the loyalty oath
requirements of State law.
STATEMENT OF POLICY: All Town employees are required to sign a loyalty oath and such document
must be submitted with new hire paperwork and filed in the employee's official personnel file. (See Exhibit
102-A - Loyalty Oath). Arizona Revised Statutes §38-231 requires in part that an officer or employee within
the meaning of the section who fails to take and subscribe the oath or affirmation provided within the time
limits prescribed shall not be entitled to any compensation unless and until such officer or employee does so
take and subscribe to the form of oath or affirmation set forth.
1978111.1 5
EXHIBIT 102-A
LOYALTY OATH
A. In order to ensure the statewide application of this section on a uniform basis, each board,
commission, agency and independent office of this state, and of any of its political subdivisions, and
of any county, city, town, municipal corporation, school district and public educational institution,
shall completely reproduce this section so that the form of written oath or affirmation required in this
section contains all of the provisions of this section for use by all officers and employees of all boards,
commissions, agencies and independent offices.
B. Any officer or employee who fails to take and subscribe to the oath or affirmation provided by this
section within the time limits prescribed by this section is not entitled to any compensation until the
officer or employee does so take and subscribe to the form of oath or affirmation prescribed by this
section.
C. Any officer or employee having taken the form of oath or affirmation prescribed by this section, and
knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter during the
officer's or employee's term of office or employment, does commit or aid in the commission of any act
to overthrow by force, violence or terrorism as defined in section 13-2301 the government of this state
or of any of its political subdivisions, or advocates the overthrow by force, violence or terrorism as
defined in section 13-2301 of the government of this state or of any of its political subdivisions, is
guilty of a class 4 felony and, on conviction under this section, the officer or employee is deemed
discharged from the office or employment and is not entitled to any additional compensation or any
other emoluments or benefits which may have been incident or appurtenant to the office or
employment.
D. Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended,
relating to the employment of aliens, are exempted from any compliance with this section.
E. In addition to any other form of oath or affirmation specifically provided by law for an officer or
employee, before any officer or employee enters upon the duties of the office or employment, the
officer or employee shall take and subscribe the following oath or affirmation:
State of Arizona, County of __________________ I, _________________________ (type or print name)
do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and
laws of the State of Arizona, that I will bear true faith and allegiance to the same and defend them against all
enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of the office of
______________________ (name of office) ________________________ according to the best of my ability,
so help me God (or so I do affirm).
______________________________________
(signature of officer or employee)
F. For the purposes of this section, "officer or employee" means any person elected, appointed or
employed, either on a part-time or full-time basis, by this state or any of its political subdivisions or
any county, city, town, municipal corporation, school district, public educational institution or any
board, commission or agency of any county, city, town, municipal corporation, school district or
public educational institution.
1978111.1 6
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: GENERAL INFORMATION
POLICY: EQUAL EMPLOYMENT
POLICY NO: 103
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To define the Town of Fountain Hills’ position regarding nondiscrimination in all matters
pertaining to employment throughout the organization.
STATEMENT OF POLICY: The Town provides equal opportunity for all applicants and employees. The
Town does not discriminate on the basis of race, color, religion, gender, national origin, ancestry, marital
status, sexual orientation, age, physical or mental disability, medical condition, or veteran status. The Town
also makes reasonable accommodations for the disabled and for employee’s religious observances and
practices.
It is the responsibility of every employee to cooperate with the spirit and intent of this policy.
SCOPE: This policy applies to all applicants and employees throughout every aspect of the employment
relationship including, but not limited to: recruitment, selection, placement, training, compensation, benefits,
promotion, transfer, discipline, termination, and social and recreational programs.
1978111.1 7
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: PROOF OF RIGHT TO WORK IN THE UNITED STATES
POLICY NO: 201
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures to comply with federal law regulating eligibility to work in the United
States.
STATEMENT OF POLICY: The Town of Fountain Hills requires all new hires to provide documentation
of eligibility to work in the United States no later than three working days after the employee commences
work. Employment is contingent upon satisfactory completion of the verification requirement.
SCOPE: This policy applies to all Town employees.
PROCEDURE: When an offer of employment is made to an applicant, the applicant shall be informed that
proof of identity and eligibility to work in the United States will be required upon hire. A list of acceptable
documents will also be described and/or mailed to the candidate. All new employees hired by the Town will
be required to complete Section 1 of INS Form I-9 at the time of hire. In addition to completing the I-9 form,
all new employees must also be cleared by the Department of Homeland Security (DHS) as being eligible to
work in the United States through the E-Verify Program required by the Legal Arizona Workers Act (A.R.S.
§23-211 et. seq.). It is completed by a representative from Human Resources inputting into a secure DHS web
site the information provided by the new employee from the completed I-9 form and their social security
number. Typically, DHS will respond within seconds whether the person is cleared to work or if they have
issues that must be cleared up with either the Social Security Administration or DHS. These forms will be
maintained by the Human Resources Office.
The Department Director, or designee, will ensure that the Human Resources Office verifies the candidate’s
documents no later than three working days after the commencement of employment.
1978111.1 8
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: IDENTIFICATION BADGES AND BUILDING ACCESS
POLICY NO: 202
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To protect the safety and maintain the security of all employees.
STATEMENT OF POLICY: Every employee is required to wear a picture identification badge at all times
while on Town premises. Failure to do so will subject the employee to corrective action.
SCOPE: This policy applies to all Town employees.
PROCEDURE: Human Resources will arrange for all new employees to receive an ID badge during
orientation on their first day of employment. Loss or damage of the ID badge should be reported to
Information Technology immediately in order for the badge to be deactivated in the system. The badge is the
property of the Town of Fountain Hills and must be returned upon termination of employment.
Because employee ID badges are also the means by which employees enter and leave the premises, employees
must not loan their badges to anyone, including other employees, nor should employees allow anyone to enter
the premises that the employee does not know to be an employee of the Town of Fountain Hills without first
signing the Visitor Log and obtaining a Visitors Pass. Failure to observe these safety regulations could
endanger the safety and security of all other employees and could subject the employee to corrective action up
to and including termination.
1978111.1 9
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: BASIC WORK WEEK AND HOURS OF WORK
POLICY NO: 203
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To set forth a basic policy for the Town of Fountain Hills regarding attendance and hours of
work.
SCOPE: The standard work week for full-time employees is forty (40) hours. General office hours are from
7:00 a.m. to 6:00 p.m., Monday through Thursday. The standard work week shall be seven (7) consecutive
days commencing on Monday at 12:01 a.m. and ending the following Sunday at midnight. Any work shift in
progress at midnight Sunday shall be included as part of the work period in which that shift commenced.
With approval of the Department Director, modifications to this provision may be arranged in any manner
consistent with departmental operations and to provide essential Town services, subject to any applicable
federal or state statutory or constitutional limitations relating to hours of work. The Town Manager shall
approve any modifications prior to implementation. Workday and workweek lengths for exempt employees
are determined primarily by their current workloads and the organization’s needs.
Hours of attendance shall be maintained on official Town payroll documents as specified by the Human
Resources office. Any falsification of individual time records or payroll documents by any Town employee
will result in disciplinary action up to and including termination.
PROCEDURE: All non-exempt employees are required to fill out time sheets daily in a complete and
accurate manner. Exempt employees are required to fill out time sheets for the purpose of paying vacation
days, sick days, or personal days during the pay period. Non-exempt employee time sheets shall be reviewed
by each supervisor and approval designated by signature. Corrections or changes to the time sheet shall be
made by placing a line through the error, inserting the correct information and initialing the changes. The
supervisor must approve any corrections on the time sheet and initial same.
REST PERIODS: Town employees who work at least eight (8) hours in a day are allowed two (2) fifteen-
minute rest periods per day or shift, but will not exceed fifteen minutes in any consecutive four-hour period.
The supervisor schedules all rest periods so that work areas are covered. Rest periods are counted as time
worked and cannot be combined or “banked” to provide an extended lunch or rest period or shorten the
workday. Overtime pay is not granted for rest periods not taken or for work performed during a rest period.
MEAL PERIODS: All Town employees who work a minimum of eight (8) hours per day will receive a
minimum of a one-half (1/2) hour unpaid meal period. The supervisor schedules all meal periods so that work
areas are covered. Unpaid meal periods may be scheduled for employees working less than eight (8) hours
with approval of the supervisor and employee. An employee must be completely relieved from duty in order
for the time to be a “bona fide meal period”. Skipped meal periods cannot be used to make up time or to
shorten the workday without approval of the supervisor.
1978111.1 10
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: CODE OF CONDUCT
POLICY NO: 204
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a code of conduct for the basic guidance of Town employees concerning matters
affecting their work.
STATEMENT OF POLICY: A Town government that upholds high standards of integrity and impartiality
is a cornerstone of the democratic way of governing ourselves. Town employees must manage business and
personal affairs so as to avoid situations that might lead to conflict, or the appearance of conflict, between self-
interest and public duty.
PERFORMANCE OF DUTIES:
A. Employees should perform official duties diligently during working hours.
B. Employees should always perform their duties with courtesy and respect for the public and for co-workers
and without bias or prejudice, manifest by words or conduct, based upon race, color, religion, national
origin, gender, age, sexual orientation, disability, or political affiliation.
C. Employees should seek to maintain and improve their personal and professional growth and development
and that of their co-workers through cooperation and participation in educational programs relevant to
their duties and through any licensing or certification required for their position.
D. Employees should perform their duties impartially in a manner consistent with law and the public interest,
un-swayed by kinship, position, partisan interests, public clamor or fear of criticism or reprisal.
E. All duties shall be performed with honesty and truthfulness without falsification in any manner.
F. Employees should conform their conduct at all times to the policies and procedures established by the
Town.
ABUSE OF POSITION:
A. No employee should use or attempt to use his or her official position to secure unwarranted privileges or
exemptions.
B. No employee or a member of the employee’s immediate family should accept, solicit, or agree to accept
any gift, favor or anything of value with the understanding that the official actions, decisions or judgment
of any employee will be influenced.
1978111.1 11
C. No employee shall request or accept any fee or compensation, beyond that received by the employee in his
or her official capacity, for advice or assistance given in the course of his or her public employment.
D. Each employee should use the public resources, property and funds under the employee’s control and
responsibility for the public purpose intended by law and not for any private purpose.
CONFIDENTIALITY:
As public servants, Town employees should carry out their duties in a manner that will withstand public
scrutiny. Nevertheless, some employees handle confidential Town-related or employee-related documents
while others handle sensitive matters, such as health records and investigations. Consequently, employees
should maintain the confidentiality of matters they handle, assuring information about these activities is made
public only upon appropriate authorization. If there is a question regarding confidentiality of specific
incidents, Human Resources and/or the Town Manager shall be contacted for clarification.
NOTE:
Separate polices cover CONFICT OF INTEREST, SECONDARY EMPLOYMENT, AND POLITICAL
ACTIVITY.
1978111.1 12
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: CONFLICT OF INTEREST
POLICY NO: 205
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for Town employees to identify, disclose, avoid and manage conflicts of
interest as required by law.
SCOPE: A potential conflict of interest exists when an employee, an employee’s relative, or an individual in
a close personal relationship with the employee may be directly or indirectly financially impacted, whether in
a positive or negative manner, by an action of the Town. Individuals covered by this policy may include, but
are not limited to spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws.
PROCEDURE:
1. Any employee who becomes aware of a potential conflict of interest shall immediately advise his or her
supervisor. If the potential conflict of interest involves the reporting employee, the employee and
supervisor shall discuss the matter and agree upon the appropriate course of action according to this
policy.
2. Any question as to whether a potential conflict of interest exists shall be resolved by addressing a written
inquiry to the Town Manager’s office describing the Town action which may impact the employee’s
financial interest and the employee’s duties with the Town.
3. An employee determined to have a potential conflict of interest shall be disqualified from any
consideration of the matter. The employee shall refrain from communicating about the matter with anyone
involved in the action in order to avoid the appearance of impropriety.
4. All potential conflicts of interest shall be disclosed by written memorandum from the employee to the
employee’s supervisor explaining in detail the potential conflict of interest and confirming the employee
will avoid any involvement in the decision with which the employee has a conflict of interest. The
original memorandum shall be forwarded to the Town Manager’s Office for the conflict of interest file
with copies retained by supervisors at each level of the employee’s chain of supervision and a copy placed
in the employee’s official personnel file.
5. Any employee who knowingly fails to disclose and handle a conflict of interest as set forth in this policy
shall be subject to disciplinary action up to and including termination.
1978111.1 13
GUIDELINES:
Common sense and good judgment will dictate the proper course of action in most situations. However,
remember that if there is a question in your mind of even a slight conflict of interest, others will tend to
exaggerate it. The best policy is to resolve such questions by addressing them at the outset so they will not
become embarrassing problems later. Such matters can easily be addressed by discussing them with your
supervisor.
Handling these matters in this manner should avoid any occasion for disciplinary action. However, depending
upon the severity, any violation of this policy may result in disciplinary action up to and including termination.
A. Employees and their relatives should not enter into any contract with any component of the Town for
financial gain, apart from any employment contract, without full disclosure and satisfactory management
of any potential conflict of interest in accordance with this policy to avoid an actual conflict of interest.
B. Employees should not be involved in the decision to hire or in the supervision of any member of their
immediate family.
C. Employees should not participate in decisions regarding conduct of Town business with any private party
by whom the employee or a relative is employed or is actively seeking employment.
D. Employees must refuse any and all non-food gifts presented by any member of the public (i.e. citizens,
developers, applicants, etc.). Employees may accept gifts of food (i.e. cookies, candy, donuts, muffins,
etc.) as long as the item is placed in the break room or in any other area where it may be shared with all
Town employees. Employees may not solicit or accept a meal (lunch, dinner, etc.) from any member of
the public. If it is necessary for an employee to attend a business lunch or dinner, he/she will be
reimbursed for his/her out-of-pocket expenses in accordance with the Finance Department’s
reimbursement procedures. This provision does not prohibit:
1. Solicitation or acceptance by an employee of loans from banks or other financial institutions on
customary terms to finance proper and usual activities of the employee.
2. Acceptance of unsolicited advertising or promotional material such as pens, pencils, calendars, and
other items of nominal intrinsic value.
E. No Town employee in their official capacity as an employee of the Town shall publicly endorse the
product or service of a commercial vendor. Employees shall not knowingly permit any commercial
vendor the use of the employee’s name or photograph, as associated with the Town, in any manner, which
gives the appearance of an endorsement or the promotion of such vendor’s product or service.
F. Employees may refer to the ICMA Code of Ethics, which is available from Human Resources.
1978111.1 14
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: SOLICITATION
POLICY NO: 206
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning solicitation in the workplace.
STATEMENT OF POLICY: Solicitation by an employee of another employee is prohibited during the
working time of either person. Working time is defined as time when an employee’s duties require that he/she
be engaged in work tasks. Girl Scout cookie sales or containers asking for donations during the holiday
season, etc. are examples. Distribution of printed materials or literature of any nature shall be limited to non-
work areas at non-work times. No literature shall be posted anywhere on the premises without the
authorization of Human Resources. Solicitation and/or distribution of material on company property by
persons not employed by the Town of Fountain Hills are prohibited at all times.
SCOPE: This policy applies to all Town employees.
1978111.1 15
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: POLITICAL ACTIVITY
POLICY NO: 207
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To establish a policy governing the political activity of Town employees in conformity with
A.R.S. § 9-500.14 and Town Code § 3-2-4.
STATEMENT OF POLICY: All employees will remain free from any political activity in a Fountain Hills
municipal election:
1. No employee may solicit or attempt to solicit support for a candidate or political party involved in a
Fountain Hills municipal election from any employee or appointed official.
2. No employee may take any part in the campaign of a candidate participating in a Fountain Hills municipal
election.
3. An employee may exercise their rights as a citizen to vote and to express opinions as an individual citizen,
but not as a representative of the town.
No paid employee will seek election to public office with the town while still employed by the town.
No paid employee will use their position to sell, solicit or distribute any campaign material during working
hours or in a uniform used by or identified with the town government.
No paid employee will use their position to introduce, guide or recommend any candidate for public office on
town property.
SCOPE: This policy applies to all Town employees.
PROCEDURE: Violation of any provision of this Policy shall be deemed sufficient cause for disciplinary
action up to and including termination.
Nothing contained in this Policy shall be interpreted or construed in a way that denies any employee his or her
civil or political liberties as provided by law.
This section does not prohibit an employee from voting as provided by law.
1978111.1 16
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: NEPOTISM AND PERSONAL RELATIONSHIPS
POLICY NO: 208
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of these guidelines is to clarify the Town’s process for the hiring and retention of
relatives of current employees and personal relationships between employees. In all cases, professional
standards and expectations should be discussed during a credible selection process and if conflicts arise during
employment, they should be dealt with promptly.
STATEMENT OF POLICY: As explained in the Town’s policy on conflicts of interests, favoritism or
extended courtesies can create unwanted problems for an organization. For this reason, the Town desires to
avoid situations where there is a romantic, personal or marital relationship between a supervisor and a
subordinate, or between co-workers in the same department.
Employees in, or who develop, such relationships must immediately notify and disclose all relevant
circumstances to their immediate supervisor. Although the Town has no absolute prohibition regarding such
relationships, it reserves the right to take appropriate action, on a case by case basis, according to relevant
circumstances. Any failure to disclose the nature of the relationship as contemplated in this policy may result
in disciplinary action up to and including termination.
The Town will not employ individuals in close personal relationships which may include, but are not limited
to, spouses, children, stepchildren, grandchildren, parents, grandparents, siblings and in-laws to work under the
direct supervision of another such family member.
No relative (spouse, child, grandchild, parent, grandparent, sibling, or in-law), of a Town Council member or
the Town Manager, shall be employed by the Town of Fountain Hills during that individual’s tenure.
1978111.1 17
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: SECONDARY EMPLOYMENT
POLICY NO: 209
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for Town employees concerning outside employment.
STATEMENT OF POLICY: The Town of Fountain Hills does not generally prohibit employees from
engaging in secondary employment. However, each full-time employee’s Town position should be considered
the employee’s primary employment. Therefore, the Town of Fountain Hills does prohibit secondary
employment when it interferes with the employee’s Town duties, involves a potential conflict of interest, or in
any way compromises the integrity or credibility of the Town of Fountain Hills government in the community.
SCOPE: Town of Fountain Hills’ employees should avoid:
A. Secondary employment with an entity that conducts business with the Town without full disclosure and
satisfactory management of any potential conflict of interest.
B. Secondary employment which cannot be accomplished outside of the employee’s normal working hours or
is otherwise incompatible with the performance of the employee’s duties by placing the employee in a
position of conflict between the employee’s role with the Town and the employee’s role in the outside
employment.
C. Performance of work for any governmental entity within the State of Arizona without the written consent
of both employers.
D. Secondary employment which exploits official position or confidential information, acquired in the
performance of official duties for personal gain.
E. Secondary employment which may be viewed by the public as work on behalf of the Town. Due to the
importance of the public's perception of the Town government, all employees who engage in secondary
employment must disclose such work on a "Secondary Employment Declaration" form (See Exhibit 209-
A). Secondary employment is subject to review for conformance to this policy. Employees engaged in
secondary employment determined not to be in conformance may be required to cease such employment.
If there is any question regarding secondary employment or volunteer positions, it is recommended these
be discussed in advance with supervision.
VOLUNTEER ACTIVITIES:
Employees are encouraged to engage in volunteer activities, especially activities to improve community life.
However, employees should evaluate their volunteer activities in the same manner as outside employment to
identify any potential conflict with the employee’s Town position and discuss these potential conflicts with
their supervisor on an individual basis. Employees should declare volunteer activities only if the employee
believes there is some reason for concern consistent with the spirit of the policy.
1978111.1 18
EXHIBIT 209-A
TOWN OF FOUNTAIN HILLS
SECONDARY EMPLOYMENT DECLARATION
Employee Name: ____________________________________________________________________
Position:______________________________________ Department:___________________________
In accordance with Town policy, I hereby declare the following secondary employment:
Other Employer Name: _______________________________________________________________
Other Employer Address: _____________________________________________________________
Position/Title (if any): _____________________________ Hours of Work: ______________________
Description of work performed: _________________________________________________________
___________________________________________________________________________________
Employee Signature: _____________________________________ Date:________________________
Approved: € Yes € No
____________________________________________________________________________________
Immediate Supervisor Signature Date
Comments: __________________________________________________________________________
____________________________________________________________________________________
Approved: € Yes € No
____________________________________________________________________________________
Department Head Signature Date
Comments: __________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Approved: € Yes € No
____________________________________________________________________________________
Town Manager Signature Date
Comments: __________________________________________________________________________
1978111.1
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: HARASSMENT
POLICY NO: 210
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy prohibiting harassment in the workplace and provide a method by which
claims of harassment may be investigated and resolved.
STATEMENT OF POLICY: The Town of Fountain Hills desires to provide an environment free from
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or
communication constituting harassment. The Town prohibits harassment by and of Town personnel, including
Department Heads, supervisors and employees.
SCOPE: Harassment is misconduct that interferes with work productivity and deprives employees of the
opportunity to work in an environment free from unequal treatment or unsolicited and unwelcome sexual
overtones. Sexual harassment includes all unwelcome sexual advances and sexually oriented communication
or visual displays, requests for sexual favors and other such verbal, visual or physical misconduct. Harassment,
including sexual harassment, is a prohibited practice and is a violation of the law. According to guidelines
issued by the United States Equal Employment Opportunity Commission:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical misconduct of a sexual
nature constitute sexual harassment when:
1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s
employment;
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions
affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance
or creating an intimidating, hostile or offensive working environment.
PROCEDURE: Every employee of the Town has an affirmative duty to maintain a work place free of
harassment and intimidation. An employee should take complaints or reports of harassment directly to their
supervisor, or, if their supervisor is the subject of the complaint, to their supervisor's supervisor (See Exhibit
210-A). Department Heads or supervisors who receive complaints or reports of harassment must immediately
inform the Human Resources Administrator of such complaints. The Human Resources Administrator will
expedite an investigation into the allegations. Confidentiality of all parties involved in a harassment charge
shall be respected except to the extent that it interferes with the Town’s legal obligation to investigate
allegations of misconduct and to take appropriate action. When an investigation has been conducted, all
associated persons will normally be advised of the outcome of the investigation. The Town Manager shall take
such disciplinary action as is warranted, up to and including termination of the offending party. The Town
shall not condone reprisal in any form against the aggrieved person or corroborating witnesses. All department
heads, supervisors and employees must attend harassment prevention training when provided by the Town.
1978111.1 20
EXHIBIT 210-A
EMPLOYMENT DISCRIMINATION
AND/OR HARASSMENT
COMPLAINT FORM
Name (please print)
Home Street Address
City, State, Zip
Home Phone No. Work Phone No.
If you are a current Town employee:
Supervisor’s Name:
Department:
Do you believe you have been discriminated or harassed on the basis of:
Race National Original Age Religion
Other
Sex Disability Color Retaliation
Briefly describe the nature of your complaint: Please explain the problem as you see it and any ideas you
have to solve the problem. Where possible, specify the date(s) of the incident(s) and name(s) involved. If
additional space is needed, please attach additional pages.
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_______________________________________________________________________________
The Town of Fountain Hills will not tolerate employment discrimination or harassment upon an employee’s or
applicant’s race, color, national origin, sex, religion, disability or age. An employee or applicant asserting a
good faith employment discrimination or harassment complaint and/or participating in an investigation of such
a complaint will be protected from retaliation or discipline. Any employee found guilty of retaliation will be
disciplined, up to and including termination.
Signature: ______________________________ Date: ______________________________
1978111.1 21
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: ABSENTEE REPORTING, PERSONAL PHONE CALLS, RECORD
CHANGES
POLICY NO: 211
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures for absentee reporting, personal telephone calls, and record changes.
PROCEDURE:
ABSENTEE REPORTING:
Whenever an employee is unable to report for work for any reason, he or she must call at least thirty (30)
minutes prior to the start of his or her scheduled working hours. If the employee is not able to call personally,
another person may call the immediate supervisor, or a person who is able to relay a message to the immediate
supervisor, prior to the start of his or her scheduled working hours. An explanation should be provided
concerning the reason for the absence with an estimate of when the employee will be able to report for work.
Failure to provide this notification within the time specified, except for extreme circumstances, may result in
the employee being placed on leave without pay status for the duration of the absence. When an employee
becomes sick during the workday, he/she should notify their supervisor if it will involve time away from work.
PERSONAL TELEPHONE CALLS
Personal telephone calls during duty hours must be kept to a minimum and should be made and received as
much as possible only during breaks or meal periods.
RECORDS CHANGES
Changes of name, address (both mailing and residence), telephone number, or marital status must be reported
immediately to the Human Resources Office in order to update employee records. A record change form is
provided for this purpose and must be signed by the employee (See Exhibit 211-A). Supervisory managers
must also be notified of such changes. This information is required to be able to reach employees in an
emergency, for insurance purposes, and to properly prepare payroll-related documents.
1978111.1 22
EXHIBIT 211-A
Town of Fountain Hills
PERSONAL INFORMATION CHANGE FORM
Please PRINT CLEARLY and sign and date at the bottom of the form.
Return to Human Resources, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
Type of Change (check all that apply)
_____ Name
Required to be brought to Human Resources
1. New tax forms (W-4 and A-4)
2. Copy of new Social Security Card reflecting the name change or a copy of the receipt
from Social Security confirming an application for a new card.
3. I-9 (with two of the sections completed; Section 1 with the OLD name; Section III with
the new name). Section II must be completed by a Human Resources representative in
your presence.
_____ Emergency Contact
_____ Telephone
_____ Address
_____ Marital Status
_____Change of Gender (check one) _____Male to Female _____Female to Male
Employee Name (Example: Smith, Jane A.) _________________________________________
New Name (Example: Jones, Jane S.) ______________________________________________
Social Security Number/Employee ID _____________________________________________
Employee Home Phone (with area code) ____________________________________________
Local Street Address ____________________________________________________________
City, State, Zip Code ____________________________________________________________
• Does this address update also apply to W-2 mailings? (check one) _____Yes _____ No
Emergency Contact (Example: Jones, John B.) _______________________________________
Emergency Contact Phone Number (with area code) ___________________________________
Marital Status _____ Married _____ Divorced _____ Separated _____ Single _____Widowed
Employee Signature __________________________________ Date _____________________
1978111.1 23
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: DRESS CODE AND UNIFORMS
POLICY NO: 212
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide guidelines for the appearance of Town employees when performing duties and
conducting business for the Town.
STATEMENT OF POLICY: All Town employees are expected to present a positive, professional, and
appropriate image consistent with the duties and assignments of each employee. This policy represents the
minimum standards which will be applied to all departments. Most departments have at least some uniqueness
in terms of operating needs, such as customer expectations and safety. Therefore, departments may have more
restrictive standards if such standards are approved in writing by the Town Manager. Department Heads and
supervisors are responsible for determining and enforcing the dress code for their respective areas of
responsibility.
SCOPE: The Town recognizes the changing nature of fashion; however, the professional image of the Town
is maintained, in part, by certain expected norms of professional appearance, of personal neatness, cleanliness,
and good grooming which are applicable to all employees. Extravagance and extremes of style and attire are
not in good taste in a public service environment. The Town reserves the right to advise any employee at any
time that his or her grooming, attire, or appearance is unacceptable.
All clothing which is worn on duty shall be neat, clean, properly pressed and well maintained. Casual apparel
and footwear are not appropriate unless directly related to the job assignment, or a special event, or medical
condition approved by the Town Manager. All employees shall maintain personal grooming habits which do
not detract from their ability to perform their job or adversely affect the working conditions of fellow
employees.
POLICY: The Town’s primary objective is to have employees project a professional image and also be able
to take advantage of a ‘business casual’ dress policy as an alternative to the professional attire of dresses, suits,
ties, and dress shoes. Employees are expected to maintain an appearance that is appropriate to the work
situation. All employees are responsible for complying with this policy. If a supervisor feels that an
employee’s apparel or grooming is not appropriate, the matter will be discussed with the employee. If a pattern
of non-compliance develops, progressive discipline will be administered as appropriate, up to and including
termination.
The following information is intended to serve as a general overview of acceptable business casual wear as
well as a listing of some of the more common items that are not appropriate for the office. Neither group is
intended to be all inclusive. Rather, these items should help set the general parameters for proper casual
business wear and allow you to make intelligent judgments about items that are not specifically addressed. A
good rule of thumb is that if you are not sure if something is acceptable, choose something else or inquire first.
1978111.1 24
Professional Attire
Positions that involve frequent, direct public service contact, i.e. those where meeting the public is an inherent
function of the position, and where such contact would normally occur daily, are subject to the following
appearance standards:
• In general, male employees shall wear neat and clean dress slacks and dress shirts or conservative
shirts. Neckties, suits and sport coats should be worn whenever the employee has contact with
individuals similarly dressed. Footwear shall be maintained in a clean and polished manner and socks
should be worn. (Sneakers and gym, jogging, and tennis shoes are inappropriate unless directly related
to the job assignment, or a special event or medical condition approved by the Town Manager).
• In general, female employees shall wear neat and clean dresses or skirts of an appropriate business
length, generally two (2) inches above the knee or lower, or may wear dress slacks, blouses and
footwear compatible with clothing worn by counterparts in the business office environment. (Gym,
jogging, sneakers, beach sandals, and tennis shoes are inappropriate unless directly related to the job
assignment, or a special event or medical condition approved by the Town Manager).
• Field positions in Development Services and Community Services will be covered by departmental
dress policies which may include a requirement to wear a Town provided uniform. Uniformed
employees must wear neat and clean uniforms at all times.
Business Casual
The principal differences between professional dress and business casual are decreased formality, such as the
absence of a tie, the substitution of a polo shirt for dress shirt, the substitution of a sweater for sports coat for
men, and more informal skirts, dresses, pants and shoes for women. Business casual dress in some areas may
necessarily be “dressier” than in others due to the nature and frequency of contacts with the general public or
government officials. The objective of business casual dress is to be comfortable, while still maintaining a
professional business environment. Casual business wear encompasses many looks, but it really means casual
clothing that is appropriate for an office environment. It is clothing that allows you to feel comfortable at
work, yet always looks neat and professional. Clothing such as casual slacks, polo shirts, sweaters, and casual
shoes would be appropriate.
• In general, acceptable male attire consists of khaki or casual style slacks, collared shirts, whether polo
style or button-down shirt. Socks and a belt must be worn.
• In general, acceptable female attire consists of khaki or casual style slacks, casual blouse, sleeveless
blouse, or polo style shirt.
Casual/Dress Down Thursday
Dress-down days have become very popular as a strategy for improving morale among employees. Thursdays
of each week will be considered a dress down day. Attire for dress down days will be “relaxed casual” and
may include jeans, athletic or tennis shoes and sandals.
There are times when traditional business attire is to be worn on casual days. Take your day’s schedule into
account when you are dressing. If you have a meeting scheduled with visitors, or if you are advised that others
in the department will have visitors with whom you will come in contact, you will want to dress in
professional/business casual attire. And, of course, professional attire is always acceptable if that is your
preference.
1978111.1 25
Exceptions:
• Anytime scheduled meetings or other work commitments involve the general public, outside business
representatives, or government employees outside the Town, good judgment in choice of attire is
expected. This will normally mean wearing professional dress attire for that day.
• Individuals employed in areas where safety equipment or other uniform or dress considerations are in
place due to occupational health and safety or other business related reasons, must adhere to those
safety standards deemed appropriate by the department head. This may preclude the wearing of tennis
shoes, for example.
• Under no circumstances may employees wear halter tops; strapless tops; spaghetti straps; tank tops,
midriff/cropped tops; any garment with words or pictures that may be offensive, demeaning or
discriminating to others; see through (sheer) or mesh clothing that shows undergarments; torn
clothing, or clothing with holes in it; clothing designed specifically for sporting activities (i.e. as
sweats, shorts, leggings, spandex, skorts, bib overalls, thongs, flip flops); sleepwear; faded clothing;
clothing more appropriate for evening or leisure wear (i.e. miniskirts, low-cut tops, or any revealing or
provocative clothing). All clothing must be clean, neat, and fit properly (This eliminates “rapper style”
baggy pants and extremely tight clothing).
Work-Study Students
Students (Interns) frequently work in support of regular department employees in return for educational credit
and/or financial aid subsidies. Dress for these employees is casual but not controversial. Some consideration
must be given to the fact that students have limited means and are usually working between classes. If safety
clothing or equipment is deemed necessary by the department, such clothing will be furnished by the
department. T-shirts bearing language or art which is likely to offend others, torn clothing, unkempt
appearance, or revealing clothing which exposes parts of the body typically covered in that work setting
should be avoided.
Jewelry, Tattoos, Facial Hair, and Hairstyles
Earrings are acceptable; however, no more than two earrings may be worn on each ear while working. Rings
through the nose, eyebrow, tongue, or body parts (other than the ear lobe) visible to the public may not be
worn while working. All tattoos must be small in size or covered at all times and may not be offensive in
nature. Facial hair is permitted as long as it is neat and well trimmed. Hair should be clean, combed, and neatly
trimmed or arranged. (Departmental policies for uniformed field positions may require tattoos to be covered at
all times, may prohibit jewelry, and may prohibit facial hair).
Job-related safety when operating potentially dangerous machinery with moving parts, or jobs with public
health considerations such as serving or cooking food or resuscitation may nevertheless require appropriate
adjustments.
This is not an all inclusive dress code policy. Any attire which causes a distraction from the normal business of
Town employees or is a safety hazard will be addressed. The very nature of our business requires daily contact
with many people from all walks of life. Therefore, projecting a professional image and appearance is very
important.
Employees will be requested to return home to change and return to work if not complying with the Town’s
appearance/grooming and footwear policies. Employees will be sent home on vacation leave (if available and
with supervisory approval) or will not be compensated for this time out of the office. A documented verbal
counseling should be given to the employee and the Town’s dress and appearance standards should be
reviewed. A second or subsequent deviation from acceptable grooming and attire standards will again result in
1978111.1 26
the employee being sent home on vacation or unpaid leave. Such subsequent incidents will be cause for
disciplinary action up to and including termination.
Employees with religious needs related to this policy may be accommodated and should discuss those needs
with their supervisor.
1978111.1 27
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CONDITIONS OF EMPLOYMENT
POLICY: VIOLENCE IN THE WORKPLACE
POLICY NO: 213
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The safety and security of all employees is of primary importance at the Town of Fountain Hills.
STATEMENT OF POLICY: Threats, threatening and abusive behavior, or acts of violence against
employees, visitors, customers, or other individuals by anyone on Town property will not be tolerated.
Violations of this policy will lead to corrective action up to, and including, termination and/or referral to
appropriate law enforcement agencies for arrest and prosecution. The Town of Fountain Hills reserves the
right to take any necessary legal action to protect its employees.
SCOPE: This policy applies to all Town employees
POLICY: Any person who makes threats, exhibits threatening behavior, or engages in violent acts on Town
premises shall be removed from the premises as quickly as safety permits and shall remain off Town premises
pending the outcome of an investigation initiated by the Town Manager or designee. Following investigation,
the Town of Fountain Hills will initiate an immediate and appropriate response. This response may include,
but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties,
suspension or termination of employment, and/or criminal prosecution of the person or persons involved.
All employees are responsible for notifying management of any threat that they witness or receive or that they
are told another person witnessed or received. Even without a specific threat, all employees should report any
behavior they have witnessed that they regard potentially threatening or violent or which could endanger the
health or safety of an employee when the behavior has been carried out on a Town-controlled site or is
connected to Town employment or Town business. Employees are responsible for making this report
regardless of the relationship between the individual who initiated the threatening behavior and the person or
persons being threatened. The organization understands the sensitivity of the information requested and has
developed confidentiality procedures that recognize and respect the privacy of the reporting employee.
1978111.1 28
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: CONFIDENTIALITY AND EMPLOYEE RECORDS
POLICY NO: 301
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for release of information and access to employee records.
SCOPE: Town employees have a right to expect that their personal information will be held in strictest
confidence and that only authorized persons will have access to the information. Regardless of the position for
which an employee was hired, he or she is entrusted with the responsibility to maintain clients and fellow
worker’s rights to confidentiality. The release of any information to unauthorized individuals is a breach of
this policy and will be cause for disciplinary action up to and including termination.
As a public entity, the Town is the custodian of various public records to which citizens should have ready
access. Directors of departments that maintain such public records are responsible for training their employees
in providing the required public access. Access to the personnel files of Town employees are controlled as
follows:
1. The employee may examine his or her personnel file in the Human Resources Office at reasonable
times upon reasonable notice.
2. The immediate supervisor or Department Head may examine, in the Human Resources Office upon
reasonable notice, the personnel file of any employee under their supervision or being considered for a
position under their supervision.
3. The Town Manager may examine any employee’s personnel file at any time.
4. Any individual who has written authorization from the employee to review the personnel file may do
so (e.g. officials of an agency to which the employee has applied).
5. An employee’s personnel file may be examined upon request by an investigator of a state or federal
law enforcement agency with a valid legal reason for such examination.
6. An employee’s personnel file may be duly subpoenaed in a legal action.
7. The home addresses and telephone numbers of Town employees are not public information and will
not be released without the written consent of the employee.
8. Pursuant to A.R.S. §39-121 et. seq., any person may request to examine or be furnished copies of any
public record. The Town of Fountain Hills’ policy prohibits the disclosure of personal information
about an employee without the employee's written consent. The Human Resources Administrator will
release an employee's personnel file for viewing after an audit has been performed on the file to ensure
that any such information (birth date, SSN, home address, home phone number, spouse/dependent and
medical information, etc.) is edited from the file prior to viewing it.
1978111.1 29
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: PERSONNEL RECORD KEEPING
POLICY NO: 302
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures for the creation and maintenance of personnel records for the Town.
STATEMENT OF POLICY: An official personnel file is established and maintained for each employee
upon hire. These files are housed in the Human Resources office and are the property of the Town.
Official personnel records include, but are not limited to: Application forms; performance appraisals; written
corrective action forms or memoranda; employee status forms; training records; documents relating to
certification/licensure; formal commendations; benefit forms; tax forms; and payroll records.
Background/reference checks; interview notes; and medical records are maintained separately. EEOC self-
identification forms and I-9 forms should also be maintained in a separate file.
Employees may inspect their official personnel file at reasonable times upon reasonable notice in accordance
with Policy 301.
SCOPE: This policy applies to all employees and all personnel records.
1978111.1 30
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: PERFORMANCE EVALUATION
POLICY NO: 303
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a system of periodic evaluation of the work performance of Town employees.
STATEMENT OF POLICY: The performance evaluation is an essential and effective communication tool
in the management of the Town’s workforce. Performance management, of which the evaluation process is an
integral part, is at the core of productivity and the quality of service provided for the citizens of the Town of
Fountain Hills. The performance evaluation provides direction for individual and group staff development.
SCOPE: An employee may be reviewed at any time, but a formal performance evaluation is done at least
once annually. Introductory employees are reviewed prior to the end of their designated introductory period
with a recommendation for regular status, introductory rejection, or extension of the introductory period.
Every full-time Town employee will receive a formal written evaluation of work performance for the twelve
(12) month period preceding the designated evaluation date of his/her current employment with the Town.
Part-time employees will not receive a formal written evaluation of work performance until they have
completed a minimum of 1040 hours. Performance evaluations will be made on the forms provided by the
Human Resources office and will be completed and delivered to the Human Resources office no later than ten
(10) working days after the evaluation due date. New employees will receive a performance evaluation prior
to the completion of their designated introductory employment period. These reviews will take place
regardless of whether the employee is eligible for a pay increase. A performance evaluation is not necessarily
linked with a salary increase. Employee self-evaluations may be completed, but are not required and are
strictly voluntary.
Performance evaluations are completed by the employee’s supervisor. All performance reviews will be
reviewed and signed by the Supervisor, Department Head, and the Human Resources Administrator prior to
the performance review conference taking place with the employee. The Employee Status Change form with
the recommended salary increase, if any, must also be reviewed and signed by the Supervisor, Department
Head, Human Resources Administrator, and Town Manager prior to the performance review conference taking
place with the employee. These signatures signify agreement with the contents of the performance evaluation,
as well as format and thoroughness. After discussion, the employee signs the evaluation to confirm that an
opportunity for review was provided. Refusal of the employee to sign does not invalidate the evaluation. The
employee is given a copy of the evaluation and all original performance review forms are maintained in the
employee’s personnel file location in the Human Resources office.
Supervisors are strongly encouraged to keep employees aware of their level of performance through the
normal managerial coaching process so that the performance evaluation itself is merely a formalization of
what both the employee and the supervisor already know about the employee’s performance and about his/her
development needs and desires.
When an employee is away from work due to a leave of absence greater than thirty consecutive working days,
the employee’s review date will be extended accordingly.
1978111.1 31
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECORDS
POLICY: JOB DESCRIPTIONS
POLICY NO: 304
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a job evaluation program that provides a systematic and equitable method
of evaluating all jobs within the Town of Fountain Hills.
STATEMENT OF POLICY: A job description is a formal document describing the nature, scope,
physical requirements, and responsibilities of a specific job within the organization. Job descriptions
are used for purposes of training and development, annual performance appraisals, promotions,
recruiting, and hiring. Job descriptions are prepared by the incumbent employee, supervisor, and the
department director, with final review by the Town Manager and Human Resources, and approval by
the Town Council.
SCOPE: Human Resources or the Town Manager’s designee is responsible for:
1. Administering the overall job description program;
2. Providing the necessary training, instructional materials, and assistance to employees,
supervisors, and department directors;
3. Monitoring job descriptions for proper format;
4. Maintaining a central file of all current job descriptions;
5. Ensuring that all positions have a job description. Supervisors and department directors
are responsible for reviewing and approving job descriptions for their areas;
6. Reviewing job descriptions on an ongoing basis to ensure their accuracy.
All jobs within the organization must be evaluated and assigned a job grade and classification in
accordance with Policy 601 and 701. All new positions must be evaluated and approved before the
job can be posted. When the duties of a job change significantly, it may be necessary to reevaluate
the job’s classification.
1978111.1 32
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH AND WELFARE
POLICY: DRUG AND ALCOHOL ABUSE AND TESTING
POLICY NO: 401
EFFECTIVE: October 7, 2004
REVISED: August 1, 2013
PURPOSE: To establish a drug-free workplace and a drug and alcohol testing program conducted in
accordance with state and federal law.
SCOPE: This policy applies to all Town employees, all applicants who have received conditional offers of
employment with the Town, and all employees of Town contractors who are performing services on Town
property, or who are operating Town equipment, machinery, or vehicles.
Certain procedures relate only to employees and applicants whose positions require the possession of a
commercial driver’s license (CDL) or who perform safety-sensitive functions as noted herein. Employees are
performing safety-sensitive functions if they are (i) driving a commercial motor vehicle that requires the driver
to have a CDL; (ii) inspecting, servicing, or repairing any commercial motor vehicle; (iii) waiting to be
dispatched to operate a commercial vehicle; (iv) performing all other functions in or upon a commercial motor
vehicle; (v) loading or unloading a commercial motor vehicle, supervising or assisting in the loading or
unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in
giving or receiving receipts for shipments being loaded or unloaded; (vi) performing driver requirements
associated with an accident; or (vii) repairing, obtaining, assisting, or remaining in attendance upon a disabled
commercial motor vehicle.
RESPONSIBILITIES: Human Resources will be responsible for the development, coordination, and
documentation of the Drug and Alcohol Abuse Policy for the Town of Fountain Hills. All Town personnel
with supervisory responsibility will have knowledge of and be responsible for the communication,
enforcement, and adherence to this policy.
POLICY: The Town is committed to protecting the safety, health and well-being of all employees and other
individuals in the workplace. The Town recognizes that alcohol abuse and drug use pose a significant threat to
its goals. Therefore, the Town has established a drug-free workplace program that balances its respect for
individuals with the need to maintain an alcohol and drug-free environment. The Town encourages employees
to voluntarily seek help with drug and alcohol problems.
The Town prohibits the possession, sale, consumption, or being under the influence of alcoholic beverages or
drugs by employees, volunteers, and others while in the workplace, during working hours outside the
workplace, or while on Town business, or in a Town vehicle. Any employee, volunteer, or other person subject
to this policy who is found possessing, selling, consuming, or being under the influence of alcohol or drugs
while on duty will be subject to discipline, up to and including termination.
Any employee, volunteer, or other person subject to this policy who is using prescription or over-the-counter
drugs that may impair that persons’ ability to safely perform the job, or affect the safety or well-being of
others, must notify a supervisor of such use immediately before starting or resuming work while under the
influence of such prescription or over-the-counter drugs. In accordance with A.R.S. § 36-2813, the Town will
not discriminate against a person in hiring, termination, or imposing any term or condition of employment or
1978111.1 33
otherwise penalize an employee based on his/her status as a medical marijuana cardholder or positive
marijuana drug test as a qualified patient, unless the employee used, possessed or was impaired by marijuana
in the workplace (i.e. on Town premises, in a Town vehicle, or on Town business) or during the hours of
employment, in which case the disciplinary provisions of this policy will apply.
PROCEDURES:
Testing
All employees and prospective employees, as a condition of employment, will be subject to alcohol and drug
testing for job-related purposes consistent with business necessity, including, but not limited to, pre-
employment screening and periodic, random, post-accident, and reasonable suspicion testing upon selection or
request of management.
A negative pre-employment drug test result is required before an employee can first perform any duties,
including safety-sensitive duties.
Random alcohol and drug tests of CDL drivers will be unannounced and spread reasonably throughout the
calendar year. Selection for tests will be made in accordance with 49 C.F.R. § 382.305 and ensure that each
CDL driver will have an equal chance of being tested each time selections are made.
Reasonable suspicion alcohol and drug tests will be administered when a supervisor or official who is trained
to detect signs and symptoms of drug use or alcohol misuse makes specific, contemporaneous, articulable
observations concerning the appearance, behavior, speech, or body odors of an employee that result in
reasonable suspicion that this policy has been violated. The person making such observations concerning a
CDL driver shall record them in a signed writing within 24 hours of the observations or before the test results
are released, whichever is earlier. Reasonable suspicion alcohol testing based on observations of an employee
just before, during or just after performing safety-sensitive functions is to be done within 2 hours of the
observation or a written statement must be prepared to explain any delay; after 8 hours testing will not be
conducted and a written statement of the reasons must be prepared.
Post-accident alcohol and drug testing will be administered in the event of any motor vehicle accident
involving (i) the loss of human life or where the driver receives (within 8 hours of the accident for alcohol
testing or within 32 hours of the accident for drug testing) a citation for a moving traffic violation and the
accident involved bodily injury to any person who, as a result of the injury, immediately receives medical
treatment away from the scene of the accident, or (ii) one or more motor vehicles incurring disabling damage
requiring the vehicle to be transported away by tow truck or other motor vehicle.
• If a post-accident alcohol test is not administered within two (2) hours following an accident, the
supervisor of the employee shall prepare and maintain on file a record stating the reasons the test was
not properly administered. If a test is not administered within eight (8) hours after the accident, the
supervisor shall cease attempts to have the alcohol test administered and prepare and maintain on file a
record stating the reasons the test was not done within said eight (8) hours.
• If a post-accident controlled substances test is not administered within 32 hours of the accident, the
supervisor shall cease attempts to have the controlled substances test administered and prepare and
maintain on file a record stating the reasons the test was not done within said 32 hours.
• An employee subject to post-accident testing shall remain readily available for such testing, including
notifying his/her supervisor of his/her location if he/she leaves the accident scene. An employee who
fails to do so shall be deemed to have refused to submit to testing. Nothing herein shall be construed
to require the delay of necessary medical attention for the injured or to prohibit an employee
from leaving the accident scene for the time period required to obtain emergency assistance.
1978111.1 34
Any drug testing or alcohol impairment testing will normally occur during, or immediately before or after, a
regular work period and will be treated as work time. The Town will pay the actual costs for drug testing and
alcohol impairment testing of its employees and prospective employees. The Town will pay reasonable
transportation costs to current employees if tests are conducted at a location other than the employee’s normal
work site.
The substances that may be tested for include (i) alcohol and (ii) drugs that are circumscribed by Arizona
Revised Statutes, Title 13, Chapter 34, such as Amphetamines, Cannabinoids (THC), Cocaine, Opiates,
Phencyclidine (PCP), Barbiturates, Benzodiazepines, Methadone, Propoxyphene, and Oxcycodene.
Testing for the presence of alcohol will be primarily conducted by analysis of breath but not limited to this
method only.
Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine.
To ensure the accuracy and fairness of the testing program, all testing will be conducted according to A.R.S. §
23-493.03 and Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where
applicable. Testing will include a screening test; a confirmation test; the opportunity for a split sample; review
by a Medical Review Officer, including the opportunity for employees who test positive to provide any
information that may be considered relevant to the test, such as a physician's prescription; and a documented
chain of custody. Samples will be collected under reasonable and sanitary conditions. Samples will be
collected, labeled, stored, and transported in a manner reasonably designed to preclude the possibility of
contamination, adulteration, or misidentification.
Any employee who tests positive for drugs or above 0.04 blood alcohol content (BAC) may be subject to
discipline and recommended for termination. Employees who test positive have the right to explain the
positive test result in a confidential setting if they request to do so. Any CDL driver who tests positive for
drugs or alcohol above 0.04 BAC or who refuses a test will immediately be removed from safety-sensitive
duties and referred to a substance abuse professional. Following a BAC of 0.02 or greater, but less than 0.04, a
CDL driver will immediately be removed from safety-sensitive duties until the start of the driver’s next
regularly scheduled duty period, but not less than 24 hours following administration of the test.
Any prospective employee who tests positive may have the offer of employment withdrawn and the Town may
refuse to hire him/her. An applicant who is not hired because of a positive test result may not reapply for a
period of one year.
Refusal to provide a drug testing sample or alcohol impairment testing sample in accordance with this policy
may be used as a basis for disciplinary action just as if the employee or applicant tested positive. Refusal
includes (i) failing to provide a breath or urine sample, (ii) providing insufficient volume without medical
explanation, (iii) adulterating or substituting a specimen, (iv) failing to appear in a reasonable time, (v) leaving
the scene of an accident without just cause prior to submitting to a test, (vi) leaving the collection facility prior
to test completion, (vii) failing to permit an observed or monitored collection when required, (viii) failing to
take a second test when required, (ix) failing to undergo a medical examination when required, (x) failing to
cooperate with any part of the testing process, or (xi) failing to sign the alcohol test form.
Assistance
The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes
that early intervention and support improve the success of rehabilitation. To support its employees, the Town
drug-free workplace policy:
• Encourages employees to seek help if they are concerned that they or their family members may
have a drug and/or alcohol problem.
1978111.1 35
• Offers all eligible employees and their family members assistance with alcohol and drug
problems through the Employee Assistance Program (EAP).
If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an
unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave
Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects
your work performance or results in a violation of this policy. If you need assistance in seeking this help, you
may contact the Employee Assistance Program (EAP). No one will be discriminated against for undertaking
rehabilitation.
Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan.
However, the ultimate financial responsibility for recommended treatment belongs to the employee.
Confidentiality
All information received by the Town through the drug-free workplace program is confidential communication
and will be maintained in separate confidential records. Access to this information is limited to those who
have a legitimate need to know in compliance with relevant laws and management policies. Tested employees
have the right to obtain their written test results if they request them.
Shared Responsibility
A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both
employees and management have important roles to play.
All employees are required to not report to work or be subject to duty while their ability to perform job duties
is impaired due to on- or off-duty use of alcohol or other drugs.
In addition, employees are encouraged to:
• Be concerned about working in a safe environment.
• Support fellow workers in seeking help.
• Use the Employee Assistance Program.
• Report dangerous behavior to their supervisor.
It is the supervisor's responsibility to:
• Inform employees of the drug-free workplace policy.
• Observe employee performance.
• Investigate reports of dangerous practices.
• Document negative changes and problems in performance.
• Counsel employees as to expected performance improvement.
• Refer employees to the Employee Assistance Program.
• Clearly state consequences of policy violations.
1978111.1 36
Communication
Communicating the drug-free workplace policy to both supervisors and employees is critical to its success. To
ensure all employees are aware of their role in supporting our drug-free workplace program:
• All employees will receive a written copy of the policy.
• The policy will be reviewed in orientation sessions with new employees.
1978111.1 37
EXHIBIT 401-A
TOWN OF FOUNTAIN HILLS
DRUG & ALCOHOL ABUSE POLICY
ACKNOWLEDGMENT
Dear employee and prospective employee of the Town of Fountain Hills:
In order to assure proper operation, every business has to maintain certain rules of conduct. We have
made every effort to establish rules that are clear, fair and will be followed consistently by all
employees.
The attached Policy concerns the effects of drugs in the workplace. Please review it carefully, and
we will address any and all of your questions regarding its contents.
We will collect this signed cover sheet that acknowledges your receipt of and agreement to comply
with the provisions contained in our Drug & Alcohol Abuse Policy. Although this document
contains our latest substance abuse policies and rules, it may be necessary, from time to time, to make
changes to best serve the needs of our organization. Any changes that become necessary will be
communicated in writing.
I acknowledge that I have received a copy of the Drug & Alcohol Abuse Policy of the Town of
Fountain Hills. I further understand that it is my obligation to read and comply with the rules and
provisions contained within the Policy.
_________________________________________
Employee’s Printed Name
_________________________________________ _______________________________
Employee’s Signature Date
_________________________________________ _______________________________
Witness Date
1978111.1 38
EXHIBIT 401-B
Town of Fountain Hills
16705 E. Ave of the Fountains, Fountain Hills, AZ 85268
(480) 816-5100 Fax: (480) 837-3145
PRE-EMPLOYMENT DRUG/ALCOHOL TESTING CONSENT FORM
I understand that any offer of employment will be conditional upon me
successfully passing a drug and/or alcohol test before I begin employment at the
Town of Fountain Hills. I further understand that a positive drug and/or alcohol
test or refusal to take a drug and/or alcohol test will mean that an offer of
employment to me will be withdrawn. The Town of Fountain Hills will pay the cost
of the pre-employment drug and/or alcohol test. Any additional treatment or cost
relating to the results of the testing is the applicant’s responsibility.
The Town of Fountain Hills will maintain the results of the pre-employment drug
and/or alcohol test. Negative and positive results will be reported to the Human
Resources Administrator.
I understand the above conditions and hereby agree to comply with them. I,
hereby, give full consent to undergo a drug and/or alcohol test as a condition of
employment with the Town of Fountain Hills.
________________________________________ _____________________________
Print Applicant’s Name Telephone Number
________________________________________ _____________________________
Address City, State, Zip
Applicant’s Signature _________________________________ Date ______________
Witness Signature ____________________________________ Date ______________
1978111.1 39
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: SMOKE-FREE WORKPLACE
POLICY NO: 402
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning smoking in the workplace.
STATEMENT OF POLICY: The Town of Fountain Hills strives to maintain a healthy environment for its
employees and customers. Smoke is recognized as a carcinogen and is to be eliminated from work areas. All
Town buildings and vehicles are designated as smoke-free. All Town buildings will be signed to state that
smoking is not permitted. The Town Manager, Department Heads and supervisors will ensure that there is no
smoking in Town buildings and vehicles.
1978111.1 40
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: WEAPONS
POLICY NO: 403
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning weapons in the workplace.
STATEMENT OF POLICY: Despite some laws that allow people to carry firearms in public, the Town of
Fountain Hills prohibits anyone from possessing or carrying weapons of any kind on Town property, in Town
owned vehicles, or during working hours. This includes:
• Any form of weapon or explosive
• All firearms; and
• All illegal knives or knives with blades that are more than six (6) inches in length
If an employee is unsure whether an item is covered by this policy, please contact Human Resources.
Employees are responsible for making sure that any item they possess is not prohibited by this policy. Police
officers, security guards, and other individuals who have been given consent by the organization to carry a
weapon on the property will be allowed to do so.
While the Town has a policy prohibiting weapons, nothing in this policy shall be construed as creating any
duty or obligation on the part of the organization to take any actions beyond those required of an employer by
existing law.
1978111.1 41
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: ON-THE-JOB INJURY AND ILLNESS
POLICY NO: 404
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish procedures to be followed when an employee is injured at the workplace.
SCOPE: All employees.
STATEMENT OF POLICY: The Town provides a comprehensive workers' compensation insurance
program to its employees. This program does not cost the employee anything.
The workers' compensation program covers injuries or illnesses that might happen during the course of
employment that require medical, surgical, or hospital treatment. There are well-defined provisions that must
be met to ensure that employees qualify for workers’ compensation benefits. Workers’ compensation covers
only work-related injuries and illnesses. Generally, neither the Town nor its insurance carrier will pay
workers’ compensation benefits for any injuries that might happen if an employee voluntarily participates in
an off-duty recreational, social, or athletic activity.
PROCEDURE: Employees must tell their supervisors immediately about any work-related injury or illness,
regardless of how minor it might seem at the time. Prompt reporting helps to make sure that employees qualify
for coverage as quickly as possible and lets the Town investigate the matter promptly.
1. Work-related injury or illness should be reported in writing within 24 hours to the employee’s supervisor.
2. A physician approved by Human Resources must treat the injured employee on a first visit. Medical
attention should be sought from a medical facility providing occupational health services for the Town
and the employee, or another person on behalf of the employee, should inform the medical facility that
the employee is employed by the Town.
3. The employee should provide physicians’ statements, including releases to return to work and
modifications required, to Human Resources. An employee who fails to return to work after being
released by an approved physician will be considered to have resigned and will be terminated.
4. An employee who is receiving workers' compensation benefits may use sick leave to make up the
difference between the workers' compensation payments and current hourly rate of pay. If the employee
has exhausted sick leave, then he/she may use vacation time to make up the difference between the
workers' compensation payments and current hourly rate of pay. Employees shall not be permitted to
utilize sick or vacation time in such a way that would compensate the employee with an amount greater
than his/her current hourly rate of pay. If an employee uses sick or vacation time to make up the
difference between compensation received through workers' compensation and the employee’s current
hourly rate, it shall be the responsibility of the supervisor to record the appropriate time on the biweekly
time sheet.
1978111.1 42
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: TEMPORARY MODIFIED DUTY
POLICY NO: 405
EFFECTIVE: October 7, 2004
REVISED:
The Town of Fountain Hills is committed to providing work, when possible, for employees who have been
restricted by a health care provider. Such work will be provided subject to availability. Work will be assigned
due to the nature of the injury or illness and the limitations set forth by the treating physician. Every effort
will be made to place employees in positions within their own departments, but if necessary, employees will
be placed wherever an appropriate position is available.
While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees
who are placed outside their department will continue to have their salary charged to their regular department.
Employees on temporary modified duty must furnish a written update of their medical condition to their
supervisor and the Human Resources Administrator from the treating physician after each visit in order to
remain in the reassigned job. Temporary modified duty assignments are limited to a period of 90 days, subject
to review. It is not intended to accommodate employees with non-temporary disabilities. Being placed on a
temporary modified duty assignment does not excuse an employee from following all rules and regulations.
1978111.1 43
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: HEALTH & WELFARE
POLICY: DISABILITY ACCOMMODATION
POLICY NO: 406
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To define the Town’s position on reasonable accommodations for qualified individuals with
disabilities.
STATEMENT OF POLICY: The Town of Fountain Hills is committed to complying fully with the
Americans with Disabilities Act, as amended, (ADA) and state law concerning the employment rights of
qualified persons with disabilities. It is the policy of the Town to conduct all employment practices and
activities on a non-discriminatory basis. The Town prohibits discrimination against qualified individuals with
disabilities in the job application process, hiring, advancement, discharge, compensation, job training, and all
other terms, conditions, and privileges of employment.
The Town will make reasonable accommodation to the known physical or mental disabilities of qualified
applicants or employees to the extent necessary to enable the applicant or employee to perform the essential
functions of the position held or sought, to ensure equal opportunity in the application process and to enable
employees with disabilities to enjoy equal benefits and privileges of employment, unless the accommodation
imposes an undue hardship. The Town will not employ persons in jobs in which they pose a direct threat to
self or others.
Reasonable accommodation may include, but is not limited to: making existing facilities readily accessible to
and useable by disabled individuals; restructuring or modifying a job; reassigning a disabled employee to a
vacant position for which the employee is qualified without having to compete with other candidates for the
position; establishing modified work schedules; acquisition or modification of equipment or devices;
telecommuting, if practicable; and permitting disabled individuals to provide their own equipment, aids, or
services.
PROCEDURES: An applicant or employee who requests an accommodation should submit a Request for
Accommodation Form (See Exhibit 410-A) to the ADA Coordinator. The applicant or employee may be
required to provide medical documentation of his/her disability and of the effectiveness of the accommodation
sought. The Town may also require a medical examination to assist in assessing the existence of a disability
and the effectiveness of accommodations.
The determination of whether an accommodation will be provided will be made by the ADA Coordinator,
following consultation with the applicant or employee and the supervisor (See Exhibit 410-B). An employee or
applicant who fails to provide requested information or otherwise fails to engage in the interactive process of
assessing the existence of a disability and the necessity, availability, and effectiveness of an accommodation
will be deemed to have withdrawn any request for accommodation. Any employee who is not satisfied with
the response to an accommodation request should let the ADA Coordinator know and should work together
with the ADA Coordinator to identify reasonable accommodation.
1978111.1 44
Implementation: The Human Resources Administrator is the ADA Coordinator and is responsible for
implementing this policy. Specific responsibilities may be delegated to other management, administration, or
supervisors.
Medical Records: The Town will maintain any employee health information in a confidential file separate
from the personnel file. The health file will be accessible only on a need-to-know basis. Supervisory
employees and employees with any first aid or safety duties may be informed of any medical conditions that
may require emergency treatment, and all such information shall be kept confidential by those informed.
Medical Exams: Post-offer, fitness for duty, and other medical exams that serve a legitimate business interest
may be required. In evaluating whether an employee or applicant is able to perform the essential functions of
the job, an individualized analysis will be conducted based upon information reasonably available, including
information from the employee or applicant, health care providers (if any were consulted), the employee’s or
applicant’s personal physician or health care provider, if the employee or applicant provides such information
to the Town, and any other pertinent information. Similarly, an individualized analysis will be conducted
based on the same types of information to determine whether an employee or applicant would pose a direct
threat in the job.
1978111.1 45
EXHIBIT 410-A
TOWN OF FOUNTAIN HILLS
ADA Accommodation request
In order to complete this form, you will need to discuss the essential functions of your job with your
supervisor. You may also contact Human Resources if you have questions or need information about
the ADA or the process for requesting reasonable accommodation.
Employee Information
Name Job Title
Department Division
Telephone Email
Supervisor’s Name Supervisor’s Telephone
1. Describe how your condition affects your ability to perform a major life activity and whether
you use any mitigating measures (medication, assistive technologies such as wheelchairs, etc.).
Which major life activity(s) is/are most significantly affected? Examples of major life activities
are: seeing, hearing, breathing, walking, smelling, care for yourself, thinking, concentrating or
working.
2. Describe how your condition limits your ability to perform the essential functions of your job.
Identify the essential functions affected and be specific about how the medical condition impairs
your ability in each instance.
1978111.1 46
3. Describe the accommodation you are requesting.
4. Explain how the accommodations you are requesting will enable you to perform the essential
functions of your job. Be Specific.
5. Will you be able to perform all of the essential functions of your job if you receive the requested
accommodation? If not, describe the specific functions you will not be able to perform.
6. Do you need assistance to identify accommodations that will enable you to perform the essential
functions of your job? If you do, explain what type of assistance you need.
7. Provide any information or suggestion you can on how the requested accommodations(s) can be
provided. If known, include the names, addresses and telephone numbers of vendors and the
model number and approximate cost of any equipment requested.
_________________________________________ ___________________________________
Employee Name (Please print) Work Telephone
_________________________________________ __________________________________
Signature Date
1978111.1 47
EXHIBIT 410-B
TOWN OF FOUNTAIN HILLS
RESPONSE TO REQUEST FOR ACCOMMODATION
PURSUANT TO TOWN OF FOUNTAIN HILLS’
DISABILITY ACCOMMODATION POLICY
Employee’s Name: _____________________________________________________________
Department: ___________________________________________________________________
Position: _____________________________________________________________________
Supervisor: ___________________________________________________________________
Today’s Date: _________________________________________________________________
I have considered your Request for Accommodation dated _______________ and have made the
following determination:
€ Your request will be granted effective __________________________________, and will be
implemented as follows:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
€ I have determined no accommodation is required because:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
€ Your requested accommodation is not reasonable and poses an undue hardship on the Town
because:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________
1978111.1 48
€ Your requested accommodation will not be granted, but the following accommodation will be
provided:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Please note:
The Town of Fountain Hills is committed to working with you to determine whether there is any
reasonable accommodation that will enable you to perform your job and will not pose an undue
hardship to the Town.
Please let me know as soon as possible if you have an idea for a different form of accommodation or
if anything about our accommodation process needs to be discussed further.
Sincerely,
__________________________________
ADA Coordinator
Please note the Town of Fountain Hills is not obligated to offer an accommodation for every physical
or medical condition, but only under certain circumstances and for conditions that constitute
“disabilities” as defined in state and federal law. Nonetheless, the Town reserves the right, within its
judgment, to offer accommodations to employees who may not have such a disability. Granting any
accommodation should not be considered an expression of the Town’s belief as to the existence or
non-existence of an employee’s disability.
1978111.1 49
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
POLICY: RECRUITMENT
POLICY NO: 501
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines to fill vacant positions within classified service.
Vacancies in classified service are announced to all current employees via e-mail. Other methods of
recruitment are used as deemed appropriate by management.
SCOPE: Selection techniques used by the Town are impartial, practical, and job related. The examinations
used may include but are not limited to oral, written, performance, physical/mental fitness, and
training/experience evaluations. In addition, evaluation of past work performance, work samples, personal
interviews, and background investigations may be used in the selection process.
PROCEDURE: Recruitment for any classified position shall occur in the following order:
1. Permission shall be obtained by Department Heads from the Town Manager to initiate recruitment
proceedings.
2. Recruitment shall be advertised as the Town Manager deems advisable.
3. All hiring decisions of the Town Manager shall be final.
4. All applications, resumes, interview forms, recruitment information and process information shall be
retained by the Town in accordance with State of Arizona retention laws.
Announcement of Vacant Positions
Vacancies within the classified service that are not filled through in-house promotion or transfers or through
existing current applications on file, shall be published by posting announcements at the Town or in other
appropriate public places and by such other means as the Town Manager deems advisable.
Application Process
Applicants must submit a completed Town of Fountain Hills application form. Failure to complete the
“Application for Employment” form as directed may result in disqualification. Completed application forms
become the property of the Town of Fountain Hills and are not returned to the applicants.
Any application may be rejected for the following reasons:
1. The applicant appears not to possess the qualifying experience and training required for the position.
2. The applicant has made any misstatement of any material fact.
1978111.1 50
3. The applicant has practiced any deception or fraud in his/her application.
4. The applicant has been convicted of a crime involving moral turpitude.
1978111.1 51
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
POLICY: EMPLOYMENT APPLICATIONS
POLICY NO: 502
EFFECTIVE: October 7, 2004
REVISED: July1, 2013
PURPOSE: To establish a policy for acceptance of applications and/or resumes
POLICY: The Town of Fountain Hills does not accept applications and/or resumes except for positions
currently open within the organization. All applications and/or resumes must designate the open position
being applied for or they will be disposed of. The Town of Fountain Hills does not retain unsolicited
applications and/or resumes for any period of time. Individuals interested in applying more than once for
employment must submit an application and/or resume each time they apply.
No individual can be made an offer of employment with the Town of Fountain Hills without filling out a Town
of Fountain Hills Application for Employment. If the candidate has submitted a resume in order to apply for
an open position, he/she may use the resume but it does not satisfy the requirement of a completed Town of
Fountain Hills Application for Employment. It is not sufficient to state “see resume” on the application form.
All sections must be filled out and the application signed.
1978111.1 52
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: RECRUITMENT AND ANNOUNCEMENT OF POSITIONS
POLICY: BACKGROUND CHECKS
POLICY NO: 503
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy concerning background checks.
STATEMENT OF POLICY: All employees applying for any position with the Town of Fountain Hills will
be subject to reference checks with former employers and/or managers. Unless required by law, reference
checks will not be shared with the potential employee. The position an individual applies for and the
information he/she gives during the interview process will determine which contingencies may apply to an
offer of employment. Individuals who claim to have certain educational credentials, either in writing or in an
interview, are subject to verification.
Any individual offered a position that has responsibility for initiating or affecting financial transactions may be
required to submit to a credit check. These responsibilities could include, among other things, collecting or
handling cash or checks, writing checks or approving them, access to a direct money stream, or being a
fiduciary to the organization.
Any potential employees who will be driving a Town vehicle or driving their personal vehicles on company
business will be subject to an inspection of their Motor Vehicle Records annually. Depending on the job
requirements, some employees may have to comply with the Department of Transportation requirements for a
Commercial Drivers License.
All potential employees are subject to a criminal background check. Only individuals in Human Resources,
who are authorized to do so, may initiate or receive a criminal background check.
Information gained from any of the above background checks will be held in confidence and shared with
management individuals only on a need-to-know basis, unless the law otherwise requires.
1978111.1 53
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: FLSA EXEMPT/NON-EXEMPT CLASSIFICATIONS
POLICY NO: 601
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines that ensure compliance with the Fair Labor Standards Act (FLSA).
SCOPE: The Town of Fountain Hills takes appropriate action to ensure compliance with the Fair Labor
Standards Act. All employees are identified as exempt from coverage or non-exempt from coverage as
provided by law and in accordance with prescribed FLSA guidelines.
FLSA-EXEMPT employees are not entitled to overtime pay. An employee who meets either the 'long test' or
the 'short test' for executive, administrative, or professional employment may be classified as exempt. The
short tests are outlined below:
SHORT TEST FOR EXECUTIVE EMPLOYEES
An executive employee must meet all of the following requirements to be exempt:
1. Compensation: Is paid on a salary basis at least $455 per week, exclusive of board, lodging or other
facilities.
2. Duties: Primarily management of the agency, department, or subdivision.
3. Supervision: Customarily and regularly directs the work of two or more other full-time employees and
has the authority to hire and fire or has significant input into hiring and firing decisions.
SHORT TEST FOR ADMINISTRATIVE EMPLOYEES
An administrative employee must meet all of the following requirements to be exempt:
1. Compensation: Is paid on a salary basis at least $455 per week exclusive of board, lodging or other
facilities.
2. Duties: Primarily performance of office or non-manual work directly related to the management or general
business operations of the employer.
3. Responsibilities: Primary duty includes work requiring the exercise of discretion and independent
judgment with respect to matters of significance.
SHORT TEST FOR PROFESSIONAL EMPLOYEES
1. Compensation: Is paid on a salary basis at least $455 per week, exclusive of board, lodging or other
facilities.
1978111.1 54
2. Duties: Primarily consist of performing work requiring advanced knowledge predominantly intellectual in
character.
3. Discretion: Work requires the consistent exercise of discretion and judgment in a field of science or
learning following specialized intellectual instruction.
FLSA-NON-EXEMPT employees are entitled to minimum wage, and overtime pay.
Positions within the Town may be changed from one category to another as the requirements of the law change
or as the nature and scope of duties and responsibilities of a particular job change.
Existing and newly established positions will be evaluated and assigned to the appropriate category by the
Human Resources Administrator.
OVERTIME COMPENSATION
The primary implication of assignment of a particular position to either exempt or non-exempt status involves
determination of eligibility for overtime compensation.
1. Non-exempt
Overtime compensation for non-exempt employees is defined and administered in the following manner:
The Town generally compensates for overtime through the payment at a rate of one-and one-half hour for each
hour of work for which overtime compensation would be required under the FLSA.
Holiday time will be included as time worked in the computation of overtime. Sick time, vacation time,
personal time, standby time, jury duty, military leave, bereavement leave, etc., are not counted toward hours
worked during a week. Thus an employee may be paid for more than forty hours during the week and not
receive overtime compensation.
.
Overtime must be scheduled and approved by the responsible supervisor.
2. Exempt
Salaried employees whose work meets established FLSA criteria may be classified as exempt. Situations in
which exempt employees are required to work more than forty hours shall not normally result in additional
compensation.
1978111.1 55
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: EMPLOYEE CLASSIFICATIONS
POLICY NO: 602
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To classify employees into one of three categories for eligibility to receive certain benefits
offered by the Town of Fountain Hills.
STATEMENT OF POLICY: Employees fall into one of these categories:
1. FULL-TIME – An employee who is normally scheduled to work forty (40) hours per week for fifty-two
(52) weeks per year.
2. PART-TIME – An employee who is expected to establish a continuity of service, but is scheduled for less
than forty (40) hours per week and/or less than fifty-two (52) weeks per year. A part-time employee is
expected to work more than twenty-six (26) weeks per year.
3. TEMPORARY (or SEASONAL) – An employee who is hired for a specific period of time and is not
expected to establish a continuity of service. It is expected that an employee should not remain in
temporary job status longer than six (6) months.
1978111.1 56
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: CALL-BACK PAY
POLICY NO: 603
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish conditions under which Town employees are eligible to receive compensation for
providing emergency type services during nonscheduled work hours.
STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the
interest of public safety or protection of property may receive compensation in the form of Call-Back Pay for
hours worked outside of normally scheduled work hours.
SCOPE: All FLSA non-exempt Town employees whose specialized skills and abilities qualify them to
perform emergency type services to protect public safety and property outside of non-scheduled work hours.
PROCEDURE:
1. Eligibility
a. Call Back Pay applies to FLSA non-exempt Town employees who are called back to work outside of
their regularly scheduled hours for emergency type work.
b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Call-
Back Pay.
2. Assignment
Call Back Pay does not apply when:
a. The employee is still on the clock and additional work is assigned that will extend their regular
workday, in which case normal overtime may apply.
b. The employee works overtime hours that were planned in advance (i.e. scheduled overtime).
c. The employee requests the opportunity to work additional hours outside of their normal scheduled
shift, in which case normal overtime may apply.
d. The employee’s call-back hours overlap their regular work schedule as a result of the employee’s
request to leave work early, thereby substituting the time worked for his/her regularly scheduled shift.
These hours are not considered call-back, but are compensated as regular hours worked.
3. Compensation
a. An employee who is called back to work to perform services, will be compensated for a minimum of
two (2) hours or for the amount of time worked, whichever is greater.
1978111.1 57
b. Travel time to and from the work site is not compensable under Call Back Pay status; only hours
actually worked.
c. An employee shall not be considered on more than one (1) Call-Back Pay status at any given time.
d. Subsequent calls received to perform services within two (2) hours of the start time of the initial call,
will be compensated as an extension of the initial call; not as a new call with another two (2) hour
minimum.
Example 1: First call received at 9:00 am
First call completed at 9:30 am
Second call received at 9:50 am
Second call completed at 10:30 am
In Example 1, the employee will be compensated for two (2) hours The second call was received within
the two (2) hour window of the first call. Therefore, the second call will be compensated as an extension
of the first call received.
Example 2: First call received at 9:00 am
First call completed at 9:30 am
Second call received at 11:15 am
Second call completed at 12:00 pm
In Example 2, the employee will be compensated for four (4) hours The second call was received two (2)
hours and fifteen (15) minutes after the initial first call. Therefore, the second call will be compensated as
a separate additional call with the two (2) hour minimum applicable to both calls.
Example 3: First call received at 9:00 am
First call completed at 9:30 am
Second call received at 10:00 am
Second call completed at 12:30 pm
Third call received at 1:00 pm
Third call completed at 2:00 pm
In Example 3, the employee will be compensated for five (5) hours and thirty (30) minutes. The second call
was received within the two (2) hour window of the first call. The second call will be compensated as an
extension of the first call received. However, the third call was four (4) hours after the initial first call. The
third call will be compensated as a separate additional call with the two (2) hour minimum applicable.
Payment for call-back hours will be made on regularly scheduled pay days and will not be paid in advance.
1978111.1 58
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: STAND-BY DUTY (ON-CALL)
POLICY NO: 604
EFFECTIVE: April 20, 2009
REVISED: July 1, 2013
PURPOSE: To establish a Town-wide policy for Stand-by Duty that acknowledges and compensates
employees for emergency type services during non-scheduled work hours for which an employee remains
available to respond.
STATEMENT OF POLICY: Under specific circumstances and controlled conditions, employees in the
interest of public safety or protection of property may be required to be placed on stand-by for duty.
SCOPE: All non-exempt Town employees whose specialized skills and abilities qualify them to perform or
coordinate emergency type services to protect public safety and property during non-scheduled work hours.
PROCEDURE:
1. Eligibility:
a. Stand-by Duty is restricted to those employees qualified to perform specialized emergency services.
b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Stand-
by Duty Pay.
c. In cases of Town emergency or need, employees may be contacted to work during their off hours.
Employees who are called in, and are not on Stand-by Duty status, are not eligible for Stand-by Duty
Pay. These hours will be calculated under Call-back Pay status.
2. Assignment:
a. The responsible Department Supervisor shall maintain a stand-by roster of qualified personnel
(capable of performing specialized emergency services that may be required) to serve on Stand-by
Duty.
b. Stand-by duty shall be allocated fairly amongst qualified employees as follows:
i. First – on a rotational basis, qualified employees who volunteer to be put on Stand-By Duty.
ii. Second – If there is an insufficient number of qualified employees to volunteer, qualified staff
members will be assigned to cover required hours on a rotational basis.
c. Stand-By Duty shall be scheduled and assigned in advance.
d. While assigned to Stand-By Duty employees shall maintain a physical readiness to respond to
emergency call situations and be capable of performing safety-sensitive functions.
1978111.1 59
e. While assigned to Stand-By Duty employees shall maintain a physical proximity to the applicable
Department building that allows for no more than a thirty (30) minute response time for call to duty.
f. Employees while assigned to Stand-By Duty shall remain accessible at all times by pager and/or by
telephone.
g. Exchanging Stand-By Duty assignments – Employees may exchange stand-by weeks/days
assignments with supervisory approval.
3. Compensation
a. Stand-by Duty employees will be paid one (1) hour of pay for each regular scheduled workday and
two (2) hours of pay for each non-scheduled workday while on-call. These hours begin after the
completion of the workday and continue until resuming work the following workday. Employees are
not eligible for on-call pay during hours that they are scheduled to work (including weekends and
holidays). Employees are not eligible for on-call pay unless they have been formally scheduled for
coverage. Typically, no more than one employee per service area should be scheduled for an on-call
assignment.
b. An employee on Stand-By Duty, who is called to perform services, will be compensated for a
minimum of two (2) hours at 1.5 times their hourly rate.
1978111.1 60
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: CLASSIFICATION
POLICY: JOB SHARING
POLICY NO: 605
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish conditions under which Town employees are eligible to work in a job share
position.
STATEMENT OF POLICY: In order to accommodate the needs of our employees, the Town of
Fountain Hills will permit some employees in specific positions to job share. The supervisor and
Human Resources will determine whether a specific job may be effectively performed by two
individuals and whether both individuals can effectively work in a job sharing arrangement.
SCOPE: Some positions within the organization, by their very nature, cannot be shared. For
example, positions that require the supervision of other employees usually cannot be shared since it is
an integral part of the position for the supervisor to establish a one-on-one coaching relationship to
assist employees in their growth and development.
PROCEDURE: Employees interested in job sharing should discuss with their supervisor whether
job sharing is an option in their current position. If the supervisor agrees, the employee and
supervisor should meet with Human Resources in order to draft an agreement that permits two
employees to job share and to discuss benefit eligibility consequences (See “Eligibility for Benefits”
#902). That Agreement will need to be signed by both employees, the employee’s supervisor, and
Human Resources. The Agreement will include:
1. the hours and days each employee must be present in the workplace;
2. the work equipment that will be necessary for the employees to job share;
3. the performance expectations for the job; and
4. the reporting requirements for the job under a job share arrangement.
As with all employment, the Town of Fountain Hills reserves the right to revise or rescind this
agreement at any time for any reason or no reason at all.
1978111.1 61
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: WAGE AND SALARY ADMINISTRATION
POLICY: WAGE AND SALARY ADMINISTRATION
POLICY NO: 701
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy governing the creation and maintenance of a wage and salary plan for Town
positions.
STATEMENT OF POLICY: The Human Resources Administrator, with approval from the Town Manager,
develops, maintains, and modifies, as necessary, a non-discriminatory, uniform and equitable wage and salary
plan.
SCOPE: The wage and salary plan applies to all Town positions that have been approved and budgeted by
the Town Council, with the exception of Elected Officials.
PROCEDURE:
Town positions are allocated to a class, or group of positions having similar duties, levels of skill, and
responsibilities based on the position descriptions developed within each department. The group of positions
allocated to a common class is then assigned a single pay range within the Town’s compensation plan.
Department Heads shall be responsible for informing the Human Resources Administrator in writing of
changes in a position’s duties/responsibilities in their office or department that might possibly affect the
classification of such a position.
The Human Resources Administrator may initiate a classification review to update and modify classification
specifications or any component of the classification as is deemed necessary.
If any Department Head desires that a position be reviewed for a possible reclassification, they will forward a
request to the Human Resources Administrator, including the following information:
A memo stating what factors or duties of the position have changed, the reason for
change, and the potential impact of the reclassification, if any, on other positions.
Upon receipt of the above documentation, the Human Resources Administrator shall review the information
provided. Additional information and/or a position audit may also be required. Following the position review,
the Human Resources Administrator shall evaluate the position and determine the proper class allocation
A reclassification may result in one of four actions: (1) no change; (2) a change in classification with no
change made to pay grade; (3) change in pay grade upward; (4) change in pay grade downward. If a
classification action results in a change in pay grade, the corresponding change in the incumbent’s salary will
be to the new grade at their current pay rate or at entry level of the new grade, whichever is higher. If a
classification results in a change of range upward, the requesting department will be responsible for funding
the increase to include additional funds that are necessary in the budget request for subsequent increases.
Requests for any additional funding in current or future budget years must be transmitted to the Finance
1978111.1 62
Department for review and forwarding to the Town Manager for action by the Town Council as may be
required.
Effective dates for classification changes will follow conclusion of a classification review/study and shall not
be made on a retroactive basis.
Job Evaluation
Job evaluation is a system used to determine the relationship of each job relative to all other jobs in the Town
without regard to the incumbent in the position. The Town Manager is responsible for selecting the method of
job evaluation.
Pay Structure
The Human Resources Administrator is responsible for establishing a pay structure, as approved by the Town
Council, based upon job evaluation results. Each position is assigned a pay range and advancement within the
pay range shall be contingent upon the available funds and budget requirements of the Town and based upon
the employee's performance.
Starting Pay
Initial appointment to a position shall be made at the minimum salary level for the position unless the Town
Manager determines that entry at a higher level is desirable for a particular applicant. This decision shall be
based on the outstanding and unusual character of the applicant's experience, education, and ability over and
above the normal minimum qualifications specified for the position
.
Promotions
Employees may be promoted up to the mid-range of the applicable job grade as long as the candidate has
extensive experience which he/she brings to the position. If the employee is already being paid more than the
mid-range of the new range a promotional increase may be given at the discretion of the Town. All
promotional appointments require written Town Manager approval.
Transfers/Demotions
A transfer is defined as a change in the assignment of an employee from one position to another position in the
same range of pay. An employee who is transferred will be compensated at the same rate as for his/her
previous position.
A demotion is defined as a move to a job in a lower salary grade. An employee who is demoted either
voluntarily or as a disciplinary measure will be compensated at the equivalent rate on the new pay range.
Merit Awards
Such an increase is an award for employee performance that meets or exceeds standards set by the department
and evaluated on the Town performance appraisal form. Merit increases shall not be granted if the increase
would cause the individual to exceed the maximum pay established for their class (refer to annual budget).
It shall be the responsibility of the Town Manager or Department Head to ensure that employees receive
performance evaluations at the appropriate intervals for the purpose of merit increases. The evaluation is
required regardless of a change in supervisory personnel.
1978111.1 63
1. The first merit increase eligibility date shall follow successful completion of an employee's original
introductory period.
2. The date that an employee attains regular status in the class by successful completion of the introductory
period becomes the employee's annual evaluation date, which shall be the date the employee shall be
eligible for future annual merit consideration.
3. On the date that an employee successfully completes a promotional introductory period in a new class, the
employee may be eligible for merit consideration and that date becomes the employee's new evaluation
date.
4. Evaluation date and merit eligibility may also be affected by terms of demotion or reduction in
classification due to layoff.
5. Absence of an employee on authorized leave without pay for more than 30 calendar days during a
promotional introductory period shall result in extension of the promotional introductory period by an
equivalent amount.
6. If the necessary documentation has not been completed in a timely fashion to allow for the granting of a
merit increase on the first pay period falling on or after the evaluation date, the employee will receive the
increase retroactive to the date upon which they were eligible.
Cost of Living Adjustments
Cost of living adjustments may be given with the approval of the Town Council. Cost of living adjustments
are not automatic and are based upon the Town's ability to fund such increases.
An employee whose job classification is in the Pay Plan is to be eligible for a cost of living adjustment for the
fiscal year authorized by the Town Council.
Cost of living adjustments shall not be granted if the increase would cause the individual to exceed the
maximum pay established for their class.
1978111.1 64
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: WAGE AND SALARY ADMINISTRATION
POLICY: PAY PERIOD
POLICY NO: 702
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
A pay period consists of two weeks or eighty (80) hours. Employees are paid bi-weekly on a Thursday. New
employees should be advised by their supervisor when they can expect to receive their first payroll check.
Due to payroll processing time, all hours worked by employees through the Sunday prior to the payroll date
will be included on that payroll check. Should a payday fall on a holiday, checks will be issued the workday
before the holiday.
1978111.1 65
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: INTRODUCTORY PERIOD
POLICY: INTRODUCTORY EMPLOYMENT PERIOD
POLICY NO: 801
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a period of time which shall be regarded as part of the orientation period utilized for
training and critiquing the employee’s work habits, skill level, and suitability for continued employment in
their assigned position with the Town.
STATEMENT OF POLICY: The provisions contained in this Policy relating to notices required before
demotion, suspension, or dismissal of a regular status employee shall not apply to introductory employees; as
their positions are classified as Uncovered.
Several informal, but detailed, communication and feedback sessions are to be made throughout an
introductory period so that the employee will have a clear understanding and direction, with ample opportunity
to make corrections as necessary. This is also a time for encouragement, support, and reinforcement from the
immediate supervisor and Department Head.
Prior to the conclusion of the introductory employment period, a formal performance evaluation will be
completed which becomes a part of the employee’s personnel file in the Human Resources Department. The
employing department will make a decision whether to retain the employee, extend the introductory period, or
terminate the employee, based on work performance. This determination must be clearly stated in the
performance evaluation. Every effort shall be made to complete performance evaluations by the supervisor on
prescribed forms not earlier than ten (10) working days prior to the evaluation due date, and not later than ten
(10) working days after the evaluation due date.
SCOPE: Introductory period for all full-time employees is defined as the first six (6) months. Introductory
period for all part-time employees is defined as the first 1040 hours worked.
PROCEDURE:
Introductory Periods
1. Initial Introductory Period: All full-time and part-time employees will be placed in an initial
introductory period following their initial date of hire.
Upon successful completion of the initial introductory period and in accordance with the provisions of this
Policy, the employee shall achieve regular status in Town employment, and given merit increase
consideration based on performance. Merit increases will only be awarded to Town employees as Town
budget dollars are appropriated.
Full-time and eligible part-time employees are eligible to begin utilizing accrued vacation, personal or
PTO time after satisfying six (6) months of their initial introductory period.
1978111.1 66
During the initial introductory period, an employee may be dismissed, suspended or demoted by the Town
Manager. Dismissal during the initial introductory period shall be defined as an introductory release and
shall not be considered a dismissal for cause.
Initial introductory employees may be subject to a pay reduction by the Town Manager.
2. Promotional Introductory Period: A promotion is defined as the movement of an employee to a
position in a higher salary grade than the one presently assigned to, and one for which the new duties and
responsibilities are significantly increased in nature and scope. Employees will be placed in a promotional
introductory period following the effective date of their promotion with a time frame as defined above.
Employees shall be provided written notice of the introductory period.
Upon successful completion of a promotional introductory period and in accordance with the provisions of
this Policy, the employee shall be given merit increase consideration based on performance. This date
becomes the employee's new evaluation date for merit review consideration.
A promoted employee who is not successful in completing an introductory period may be eligible for
demotion to a vacant position for which they meet the minimum qualifications. A determination by the
Department Head that the employee’s performance was not satisfactory shall be sufficient cause for
demotion.
3. Demotion Introductory Period: A demotion is defined as the movement of an employee to a position in
a lower salary grade than the one presently assigned to, and one for which the new duties and
responsibilities are significantly decreased in nature and scope. Employees will be placed in an
introductory period following the effective date of their demotion with a time frame as defined above.
Employees shall be provided written notice of the introductory period.
A demoted employee who successfully completes a demotion introductory period is not eligible for merit
increase consideration at the conclusion of the period.
The Regular Status of an employee serving a demotion introductory period shall not be affected. However,
an employee demoted for disciplinary reasons, who unsuccessfully completes a demotion introductory
period, shall be dismissed.
Failure to meet the requirements of the position to which the employee is demoted or to successfully
complete the demotion introductory period shall constitute a sufficient factual basis for further discipline,
up to and including termination.
4. Lateral Transfer Introductory Period: A lateral transfer is defined as the movement of an employee to
a position in the same salary grade as the one presently assigned. Employees will be placed in an
introductory period following the effective date of their transfer with a time frame as defined above.
Employees shall be provided written notice of the introductory period.
A formal performance evaluation will be conducted documenting the conclusion of this introductory
period and become part of the employee’s official record in the Human Resources Department.
A laterally transferred employee who successfully completes an introductory period is not eligible for
merit increase consideration at the conclusion of the period.
A laterally transferred employee whose performance falls below acceptable levels at the end of their
introductory period may be returned to their former position or another similar position for which they
qualify, if vacant.
1978111.1 67
The Regular Status of an employee serving a lateral transfer introductory period shall not be affected.
Alternatives to Regular Status
A Department Head may request authorization for an introductory period to be extended longer than the
applicable period as defined within this Policy to further assess an employee’s work performance and
suitability for continued employment. A request to extend an introductory period must be in writing and
approved by the Town Manager. Introductory extensions are not to exceed two times (2x) an individual’s
applicable introductory period.
Any type of leave time taken (i.e., vacation, sick, etc.) or while drawing compensation under Worker’s
Compensation, in excess of five (5) consecutive calendar days shall not be credited toward the introductory
period and the employee’s introductory period shall be extended the length of time equal to the time taken.
Rehire
An employee who is terminated from Town employment and rehired, shall be required to serve an initial
introductory period upon re-employment, unless otherwise waived by the Town Manager.
1978111.1 68
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: HEALTH & WELFARE BENEFITS
POLICY NO: 901
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
Once employees have met the appropriate eligibility requirements, they may be eligible to participate in the
plans described below. This is merely a summary. More detailed information about each plan can be found in
the plan documents maintained in Human Resources and the summary plan descriptions (SPDs). SPDs are the
official documents regarding employee benefit plans and supersede all references to employee benefits in this
manual.
Medical Insurance First of the month following 30 days of continuous
employment
Dental Insurance First of the month following 30 days of continuous
employment
Life Insurance First of the month following 30 days of continuous
employment
Long Term Disability Insurance First of the month following 30 days of continuous
employment
Short Term Disability Insurance First of the month following 30 days of continuous
employment
Dependent Life Insurance First of the month following 30 days of continuous
employment
Flexible Spending Accounts First day of employment
Employee Assistance Program First of the month following 30 days of continuous
employment
Retirement Plan (401A) First day of employment
Deferred Compensation Plan (457) First day of employment
1978111.1 69
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: ELIGIBILITY FOR BENEFITS
POLICY NO: 902
EFFECTIVE: October 7, 2004
REVISED:
An employee’s eligibility to participate in the benefits program is determined by the following classifications:
• Full-time employees who are regularly scheduled to work 40 hours per week are eligible for full
benefits.
• Part-time employees who are regularly scheduled to work less than 40 hours per week but more than
20 hours per week are eligible for a modified benefits package.
• Temporary (or seasonal) full-time or part-time employees are not eligible for benefits.
The Town of Fountain Hills pays a significant portion of the costs of these benefits for employees. Employee
contributions for certain benefits will be deducted from their paychecks on a pre-tax basis. Employees will
pay no Federal or State taxes on this amount.
1978111.1 70
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: VACATION LEAVE
POLICY NO: 903
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use vacation
leave and to provide for the compensation of unused vacation leave upon separation from Town service.
STATEMENT OF POLICY: Vacation leave is part of the integrated program of benefits for Town
employees. Such leave is intended as a necessary break from normal duties to allow employees to engage in
outside recreational activities as a means of achieving and sustaining high levels of productivity during
regularly scheduled duty.
SCOPE: All full-time Town employees accrue vacation leave hours. Part-time employees who work a
minimum of 20 hours per week on a regular scheduled basis accrue Paid Time Off (PTO). Temporary and
seasonal employees do not earn vacation leave or PTO. (See “Eligibility for Benefits” - Policy # 902).
The amount of vacation time and PTO employees receive each year increases with the length of their
employment. Vacation time and PTO begin to accrue with the employee’s first full bi-weekly pay cycle,
subject to the following:
Upon completion of six (6) months of actual service, each full-time employee shall be credited with up to
fifty-two (52) hours of vacation and shall accrue vacation thereafter at the rate specified in this policy. Upon
completion of six (6) months of actual service, eligible part-time employees shall be credited with up to
twenty-six (26) hours of PTO and shall accrue PTO thereafter at the rate specified in this policy.
ACCRUAL RATE – FULL TIME EMPLOYEES:
Length of Service Hours per Pay Period Hours per year
Start date through completion of 3rd year 4.00 104
4th year through completion of 7th year 5.00 130
8th year through completion of 10th year 6.00 156
11th year through completion of 15th year 7.00 182
16 + Years 8.00 208
Full-time employees who have completed seven (7) years of continuous service will be allowed to accrue a
maximum of one hundred seventy-six (176) hours of vacation. Full-time employees who have completed
between seven (7) and fifteen (15) years of continuous service will be allowed to accrue a maximum of two
hundred (200) hours of vacation. Full-time employees who have completed fifteen (15) years or more of
continuous service will be allowed to accrue a maximum of two hundred twenty-four (224) hours of vacation.
1978111.1 71
ACCRUAL RATE – PART-TIME EMPLOYEES:
Length of Service Hours per Pay Period Hours per Year
Start date through completion of 3rd year 2.00 52
4th year through completion of 7th year 2.50 65
8th year through completion of 10th year 3.00 78
11th year through completion of 15th year 3.50 91
16 + Years 4.00 104
Part-time employees who have completed seven (7) years of continuous service will be allowed to accrue a
maximum of eighty-eight (88) hours of PTO. Part-time employees who have completed between seven (7)
and fifteen (15) years of continuous service will be allowed to accrue a maximum of one hundred (100) hours
of PTO. Part-time employees who have completed fifteen (15) years or more of continuous service will be
allowed to accrue a maximum of one hundred twelve (112) hours of PTO.
All vacation leaves and PTO are to be taken at the convenience of the department and shall be approved in
writing, or through automation, by the supervisor or his/her designee. It is the responsibility of the employee
to schedule his/her vacation time or PTO in compliance with departmental workloads and needs. Requests for
vacation time or PTO should be submitted to the supervisor as far in advance as possible. Employees may be
recalled from vacation leave or PTO, or may have their scheduled vacation leave or PTO postponed, when
deemed necessary by the department director. When an employee is recalled from vacation leave or PTO, the
employee’s vacation leave or PTO will be rescheduled to the earliest convenient time. Employees will be
permitted to use vacation leave or PTO in incremented units of one-half (1/2) hour or more, in any one day.
Vacation time or PTO shall not be advanced to an employee nor may vacation time or PTO be transferred
between employees.
Vacation time and PTO will not accrue for workweeks in which there are no hours paid by the Town of
Fountain Hills. If the employee has an accrued vacation or PTO balance, the vacation time or PTO must be
paid out before any unpaid time off is approved. Vacation hours or PTO must be used for sick leave if accrued
sick leave hours have been exhausted. Neither vacation hours nor PTO will count toward hours worked for
purposes of computing overtime.
If a holiday falls within an employee’s vacation or PTO, the employee will not be charged with vacation or
PTO hours for the holiday, but will be paid for the holiday at the appropriate holiday rate.
Separation of Employment
Awarded vacation leave hours or PTO will be paid at the employee’s regular hourly rate upon separation of
employment.
No more than the maximum allowable accrual of vacation leave is compensable upon separation of
employment. Vacation leave or PTO accrued during the initial introductory employment period (six months)
will not be compensated if separation occurs during the initial introductory period.
1978111.1 72
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: HOLIDAYS
POLICY NO: 904
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide a policy for Town employees setting forth paid holidays and to implement a system to
increase the flexibility for employees to utilize their holiday compensation.
STATEMENT OF POLICY: The annual holiday leave bank for each full-time, regular employee is 80
hours. The Town of Fountain Hills observes holidays as identified below:
1. New Year’s Day January 1
2. Martin Luther King, Jr/Civil Rights Day Third Monday in January
3. President’s Day Third Monday in February
4. Memorial Day Last Monday in May
5. Independence Day July 4
6. Labor Day First Monday in September
7. Veteran’s Day November 11
8. Thanksgiving Day Fourth Thursday in November
9. Day after Thanksgiving Fourth Friday in November
10. Christmas Day December 25
SCOPE: When any of the holidays listed above falls on a Sunday, the following Monday shall be observed as
a holiday; if any such holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. For
staff members on a seven-day standard workweek schedule, a holiday falling on a Saturday or Sunday is
observed on that day.
On any other day or part of a day during which the Town shall be closed by special proclamation of the
Mayor, with the approval of the Town Council, employees shall be eligible for additional holiday pay if they
are normally scheduled to work that day.
ACCUMULATION OF HOLIDAY LEAVE:
a. The annual holiday leave bank for each full-time, regular employee is 80 hours. For purposes of this
policy, the holiday will be defined as the 24 hour period (12:00 AM – 11:59 PM) on the designated
holiday. All part-time employees normally scheduled to work on a day that falls on a designated holiday
shall be compensated up to ten (10) hours of holiday pay. Temporary and seasonal employees are not
eligible for holiday compensation or holiday differential pay.
b. The leave banks will be populated during the first payroll in January. New hires will receive a prorated
number of hours based upon their hire date.
1978111.1 73
USE OF HOLIDAY LEAVE:
a. If a designated holiday falls on a scheduled work day, employees will be required to use their holiday
leave to cover their scheduled work hours. Employees required to work on a designated holiday due to
business need, or who are not scheduled to work on a designated holiday, will not be required to utilize
their holiday leave. If an employee works a partial day, he/she shall utilize holiday bank hours to cover
hours not worked. Any holiday leave hours not used for designated Town holidays shall be considered
floating holiday leave.
b. Floating holiday leave shall be approved to be used at such a time that is mutually agreeable to the
employee and the employee’s supervisor. Holiday leave will not be available for use on an unplanned or
call-in basis.
c. Holiday leave must be used in full day increments, unless you work a partial day on a designated holiday.
A full day will be considered the number of hours scheduled for the day that the leave was taken (e.g.
employee was scheduled to work ten hours on a holiday, ten hours of holiday pay would be utilized). In
the event that the employee does not have enough holiday hours in her/his bank to cover a full day’s
absence, vacation hours will be used to make up the difference.
d. In the event that a non-exempt employee does not have either holiday hours or vacation hours to cover a
designated holiday, they will not be paid for that holiday.
e. Holiday hours must be used by December 31 of each year or will be forfeited. There will be no “cash out”
or carryover of holiday hours.
f. All holiday hours not taken prior to the last day of employment with the Town shall be forfeited.
HOLIDAY COMPENSATION:
a. Holiday hours will count toward hours worked for purposes of overtime for hourly employees.
b. In the event an employee is on paid leave when a holiday occurs, the employee shall receive no pay in
addition to holiday pay. Therefore, the employee shall not be charged with applicable paid leave time (i.e.
vacation or sick leave) for that day.
c. An employee must be in an authorized paid status on the working day immediately preceding the holiday
and the working day immediately following the holiday in order to receive pay for the particular holiday.
d. Non-exempt employees required to work on a scheduled holiday will be paid holiday pay plus their
regular rate of pay for each hour worked (equals 2X their regular hourly rate of pay).
1978111.1 74
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: SICK LEAVE
POLICY NO: 905
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the means by which Town of Fountain Hills employees may earn and use sick leave
and to provide for the compensation of unused sick leave upon separation from Town service.
STATEMENT OF POLICY: Sick leave is part of the integrated program of benefits for Town employees.
Such leave is intended for use only under specific conditions as set forth in this policy.
SCOPE: All full-time Town employees are eligible to earn sick leave for each hour in a paid status. Part-
time employees who work a minimum of 20 hours per week on a regularly scheduled basis accrue Paid Time
Off (See Policy 903 – Vacation Leave). Temporary and seasonal employees do not earn sick leave or PTO.
PROCEDURE: Sick leave is earned from the first day of employment. Use of sick leave and PTO (solely for
sick leave purposes) is permitted during the initial introductory employment period with the Town. Full-time
employees will earn sick leave at the rate of 4.0 hours biweekly. Sick leave is earned for hours worked or in a
paid status. Accumulation of sick leave shall not exceed 960 hours for full-time employees.
Use of sick leave hours or PTO for sick leave purposes shall not be considered a right but rather a privilege
and shall be allowed only under the following conditions:
1. Personal illness or physical incapacity resulting from causes beyond the control of the employee.
2. Medical or dental appointments of the employee.
3. Through exposure to contagious disease and possible endangering of others on duty, a physician
certifies that the employee’s presence jeopardizes the health of others.
4. To attend to a person who is a continuous resident in the employee’s immediate household, whose
illness or physical incapacity requires the employee’s presence.
Any employee who abuses sick leave or PTO for sick leave purposes will be subject to disciplinary action.
Actions that may lead to disciplinary action include, but are not limited to, falsifying illness or reasons for
using leave, unsubstantiated excessive use and not complying with the authorization requirements above. The
Town of Fountain Hills sets a standard of more than five (5) sick incidents per year to be excessive.
Consecutive days of illness are counted as one incident.
Employees will be permitted to use sick time or PTO in incremented units of one-half (1/2) hour or more, in
any one day. Sick time or PTO shall not be advanced to an employee nor may sick time or PTO be transferred
between employees.
1978111.1 75
If the employee has an accrued sick or PTO balance, the sick time or PTO must be paid out before any unpaid
time off is approved. Neither sick leave hours nor PTO will count toward hours worked for purposes of
computing overtime.
Employees with 10+ years of continuous full-time service who have a minimum of 480 banked sick time hours
will qualify for a payout of 240 hours upon separation of service for any reason other than involuntary
termination. Employees with 15+ years of continuous full-time service who have a minimum of 720 banked
sick time hours will qualify for a payout of 480 hours upon separation of service for any reason other than
involuntary termination. Sick leave will not be paid out at separation of service under any other
circumstances.
Sick leave will not accrue for any payroll period during which an employee is absent for more than six (6)
working days, except for absences during which the employee is being paid for accrued vacation time,
personal time, sick time, and holidays. Sick leave should be treated as a form of insurance and not as extra
days off from work.
1978111.1 76
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: MILITARY LEAVE
POLICY NO: 906
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide for military duty in accordance with the Uniformed Services Employment and
Reemployment Rights Act (USERRA) and Arizona law.
SCOPE: This policy applies to all Town employees.
STATEMENT OF POLICY: The Town of Fountain Hills will grant a military leave of absence to
employees who are absent from work because they are serving in the U.S. uniformed services in accordance
with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees must give
their supervisors advance notice of upcoming military service, unless military necessity prevents advance
notice or it is otherwise impossible or unreasonable.
An employee’s salary will not continue during military leave unless required by law. However, an employee
may use any available accrued paid time off, such as vacation or sick leave, to help pay for the leave.
Reservists in any branch of the Armed Forces and members of the National Guard will be granted time off for
military training. Such time will not be considered vacation time. However, employees may also elect to have
their training duty period be considered as vacation time to the extent they have such time available.
Continuation of health insurance benefits is available as required by USERRA based on the length of the leave
and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise
eligible.
If an employee is on military leave for up to 30 days, he/she must return to work on the first regularly
scheduled work period after service ends (allowing for reasonable travel time). If an employee is on military
leave for more than 30 days, he/she must apply for reinstatement in accordance with USERRA and applicable
state laws.
Employees returning from military leave (depending on the length of military service in accordance with
USERRA) will be placed either in the position they would have attained if they had stayed continuously
employed or in a comparable position. For the purpose of determining benefits that are based on length of
service, employees will be treated as if they had been continuously employed.
Questions about military leave should be direct to the Human Resources Administrator.
1978111.1 77
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: PERSONAL LEAVE (OPTIONAL)
POLICY NO: 907
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills provides full-time employees with personal leave time. Full-time employees
hired before July 1st are eligible for thirty (30) hours of personal leave time during their first calendar year of
employment and 30 hours each year thereafter. Full-time employees hired after July 1st but before October 1
are eligible for twenty (20) hours of personal leave time during their first calendar year of employment and
thirty (30) hour of personal leave time each year thereafter. Employees hired on or after October 1st do not
receive any personal leave time within the balance of the calendar year, but are to receive thirty (30) hours of
personal leave time each year thereafter.
Personal leave time will be deducted from the employee’s sick leave balance. If an employee does not have
enough hours in their sick leave bank, they will not be eligible for a personal leave. There will be no carryover
from year to year of personal days. Terminating employees are not eligible to be paid for unused personal
leave time.
Personal leave time must be scheduled in advance whenever possible and approved by the employee’s
supervisor.
1978111.1 78
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: 401A RETIREMENT PLAN
POLICY NO: 908
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills does not deduct Social Security taxes from full-time benefited employees’
paychecks. Instead, the Town of Fountain Hills has a mandatory 401A Retirement Plan. This plan is
administered by a registered third party administrator. Eligible employees will contribute 11 % of their gross
pay to their retirement account. Employee contributions are not subject to federal and state taxes and may
grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions
are 100% vested. The Town of Fountain Hills will also contribute 11% of the eligible employee’s gross pay.
The Town’s contributions are subject to a vesting schedule as follows:
Years of Vesting Service % Vested
1 YR. 20%
2 YR 40%
3 YR 60%
4 YR 80%
5 YR 100%
Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills
will provide periodic briefings with a representative of the third-party administrator.
1978111.1 79
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: DEFERRED COMPENSATION
POLICY NO: 909
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills provides an optional deferred compensation plan for all employees. Employees
become eligible on their first day of employment. This plan is administered by a registered third party
administrator. Employee contributions are not subject to federal and state taxes and may grow tax deferred
until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested.
There is no employer match of contributions.
Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills
will provide periodic briefings with a representative of the third-party administrator.
1978111.1 80
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: EMPLOYEE ASSISTANCE PROGRAM
POLICY NO: 910
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Employee Assistance Program (EAP) was established to provide professional, confidential assistance for
any type of personal problem. The program is designed to encourage early intervention and awareness of such
problems and to offer help at the earliest opportunity. Employees are responsible for their performance and for
taking constructive action to resolve any personal problems that affect or threaten to affect their on-the-job
behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance
and bringing these instances to the attention of the employee, along with an offer of assistance, at the earliest
indication of a recurrent problem.
Utilization of the EAP is most times on a voluntary basis. If an employee is referred by a member of
management as a condition of continued employment, utilization is mandatory. In the case of mandatory
utilization, the only information the Town of Fountain Hills will receive is that the employee is in the program,
cooperating, and making his/her appointments. The decision to seek or accept assistance through the EAP will
not adversely affect an employee’s job security or advancement opportunities. However, participation in the
EAP in no way relieves the employee of the responsibility to meet acceptable work performance and
attendance standards.
All full-time employees and benefit-eligible dependents are eligible to receive assistance through the EAP.
The EAP will not reveal any information that the individual discloses to the EAP except in the following
circumstances:
• The employee consents in writing;
• The law requires disclosure; or
• It is believed that life or safety is threatened by nondisclosure.
1978111.1 81
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: MISCELLANEOUS LEAVE WITH PAY
POLICY NO: 911
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a policy for Town employees to provide for leave with pay for Jury Duty, Witness
Duty, Voting, Bereavement, and Administrative Leave.
SCOPE: This policy applies to all Town employees.
STATEMENT OF POLICY:
Jury Duty/Witness Service - Full-time, part-time, or temporary employees called to serve on a jury will be
paid for the day or days in which the court requires attendance if they were scheduled to work that day. Full-
time, part-time, or temporary employees called to testify as a voluntary witness at the request of the Town of
Fountain Hills (by subpoena or otherwise) will be paid for the day or days in which the court requires
attendance. If employees are subpoenaed to appear in court as witnesses, but not at the request of the Town of
Fountain Hills, they will be excused from work in order to comply with the subpoena but will not be paid for
the time.
Employees must present any summons to their supervisor on the first working day after receiving the notice.
If an employee is not required to serve on a day he/she is normally scheduled to work or if the employee is
excused before serving four hours of jury duty, he/she is expected to report to work.
Employees may keep any compensation they are paid for jury duty or witness service. They will be paid their
straight time base rate of pay for all hours missed due to jury duty or witness service on behalf of the Town of
Fountain Hills in addition to any compensation received from the court. Compensation for witness service
will only be paid if the employee is summoned for witness service by the Town of Fountain Hills.
Voting – The Town of Fountain Hills encourages its employees to participate in the election of government
leaders. Therefore, if an employee does not have sufficient time outside their regular work hours to vote,
adequate time off will be allowed at the beginning or end of the workday to exercise this right. If possible,
employees should make their requests at least forty-eight (48) hours in advance of Election Day. The
employee may wish to inquire of their Registrar of Voters about the possibility of voting by absentee ballot.
Every effort should be made to vote either before or after the employee’s normal workday.
Bereavement Leave - The Town of Fountain Hills recognizes the need for time away from work in instances
of personal loss. Should a death occur in the immediate family of any full-time employee, he/she will be
granted a paid leave of absence, not to exceed three (3) days. If employees need time in excess of three days,
they may use accrued vacation, PTO, or personal leave time with the approval of their supervisor and the
Human Resources Administrator.
Immediate family for the purpose of such leave is defined as spouses, children, stepchildren, grandchildren,
parents, grandparents, siblings and in-laws.
1978111.1 82
Payment for bereavement leave is at the employee’s straight time rate of pay. Vacation days, PTO, or personal
days may be granted to attend the funerals of other close relatives or friends upon approval by the employee’s
supervisor. Time off without pay will only be considered if the employee does not have vacation, PTO, or
personal days available.
To be eligible for the excused absence and pay provisions of this policy, employees are to request bereavement
leave through their supervisor no later than the first scheduled workday following the death of an immediate
family member.
The Town of Fountain Hills reserves the right to request all pertinent information including deceased relative’s
name, the name and address of the funeral home, and the date of the funeral.
Administrative Leave - Such leaves with pay are granted by the Town Manager, or designee, in emergency
conditions such as weather, fire, or flood; in a declared state of emergency or disaster; or for reasons, either
collective or individually, deemed for the good of the Town as determined by the Town Manager.
1978111.1 83
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: LEAVES OF ABSENCE WITHOUT PAY
POLICY NO: 912
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the conditions under which Town employees may be granted leaves of absence
without pay.
SCOPE: This policy applies to full-time Town employees in regular classified status.
PROCEDURE: Leaves of absence without pay for non-disability reasons will be considered first under the
Family and Medical Leave Act (FMLA) Policy (Policy 915). Should the request for leave fail to meet the
criteria specified under the FMLA policy, only then will a leave without pay be considered. Generally, a leave
without pay shall not exceed two (2) calendar weeks. A longer leave of absence may be granted only under
extreme circumstances. Requests for such leave must be made in writing to the employee's immediate
supervisor. Requests for leave without pay will not be granted until the employee has exhausted available
leave with pay to include vacation, PTO, sick leave, personal leave and FMLA leave. If the immediate
supervisor approves the leave, approvals must also be obtained from the Department Head and Town
Manager.
Leave of absence without pay may be granted for the following purposes:
1. Education
2. Travel
3. Care of a disabled person
4. Temporary employment by another public agency within the United States, its territories or
possessions
5. Religious activities (non-compensated)
6. Peace Corps Duty (special two-year limitations).
Employees on approved leave without pay may elect to continue group insurance coverage while on such
leave. Employees on qualifying FMLA leave will continue to pay the employee's share of any health insurance
premium. Employees on unpaid leave (but not FMLA) must bear the entire cost and remit both the employee
and Town portions of the premiums to the Human Resources Department on a monthly basis. If such payments
are not made in a timely manner, coverage will be terminated.
The Town is not obligated to hold the employee's position open while the employee is on leave without pay.
However, should the leave without pay be granted under the FMLA policy, that policy will govern the
employee's return to work. The position may be filled on a temporary or regular basis. An employee's right to
return to a position, either covered or uncovered, in the Town from a leave without pay shall be conditioned on
the availability of an appropriate position and sufficient funding.
1978111.1 84
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: TUITION REIMBURSEMENT
POLICY NO: 913
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To provide a means of assistance for Town of Fountain Hills employees to obtain job related
education.
STATEMENT OF POLICY: The Town of Fountain Hills encourages employees to further their
development and skills through continuing education. Employees who meet the eligibility requirements stated
herein shall be reimbursed for approved courses, in an approved course of study by an accredited school,
college, or university. For purposes of this policy, accredited refers to accreditation provided by a body
recognized by the US Department of Education.
The maximum amount of reimbursement is based on an employee’s years of service and is subject to
availability of appropriate funds on a fiscal year basis. The maximum annual reimbursement amount for
undergraduate courses is $2,000 during the second year of service and $3,000 during the third year and each
year thereafter. The maximum fiscal year reimbursement amount for graduate courses is $3,000 during the
second year of service and $3,500 during the third year and thereafter. Reimbursable expenditures include
tuition only. Administrative fees, laboratory and technical fees, required textbooks, incidental fees such as
parking permits, supplies, recreation fees/activity fees are not covered under this plan.
Tuition reimbursement is available to eligible employees pursuing advanced education in a field which is
directly related to their duties performed for the Town.
SCOPE: All full-time regular post-introductory employees who have completed a minimum of twelve (12)
months of paid continuous service.
PROCEDURE:
Definitions:
1. “Allowable amount” is approved by the Finance Division based upon budgeted funding and the criteria set
forth within this policy. The determination of the allowable amount is made prior to the beginning of each
academic semester. Funds in excess of those approved in the Town’s budget are not expended without
prior Town Manager approval.
2. “Fiscal Year” is defined as July 1st through June 30th.
3. “Tuition Year” is determined by the date the course is completed, not when payment is made. Example: A
course is completed 6/10/12 and the grade report along with detailed invoices is submitted on 6/26/12. The
check for reimbursement is dated 7/5/12. Reimbursement monies are recognized as being reimbursed in
prior fiscal year.
1978111.1 85
Eligibility Requirements - Individual courses as well as degree programs (under graduate and graduate) may
be considered for assistance under this program if they meet the following requirements:
1. The course must be related to the employee's current job or future career growth with the organization. If a
degree program is approved, all courses necessary to obtain the degree are eligible for reimbursement even
if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application
must be submitted and approved prior to the beginning of each course under the degree program (see
Reimbursement below).
2. Courses must be taken from an accredited school, college, or university. Accredited refers to accreditation
provided by a body recognized by the US Department of Education.
3. Work schedules are not reduced for participating employees. Courses must be taken outside of the
employee's normal work hours.
4. All course homework must be completed during non-scheduled work hours.
Reimbursement - To be eligible to receive reimbursement, the following must be satisfied:
1. A completed Tuition Reimbursement Application, including the Department Head’s signature of approval,
must be provided to the Finance Director prior to registration no less than thirty (30) days prior to the first
session of class.
2. The employee must be actively employed by the Town of Fountain Hills in a fulltime status at the time the
course is completed and when the employee receives the final grade.
3. The actual amount of reimbursement is dependent on funding availability and total dollar amount
requested for reimbursement. Reimbursement will be made upon successful completion of the course (a
grade of “C” or better or a “pass” for a pass/fail course).
4. Proof of satisfactory completion and detailed invoices must be submitted to the Finance Director.
Approvals Required – All requests for Tuition Reimbursement require the approval of the employee’s
Department Head.
1. All required approvals must be satisfied prior to registering for or enrolling in requested course(s).
Requests received after registration or enrollment are not eligible for reimbursement.
Note: A new Tuition Reimbursement Application must be submitted and approved prior to taking any and
all courses for which the employee requests tuition reimbursement, including those that are taken as part of
a previously approved degree program.
2. The Town Manager will review the request and approve or disapprove the reimbursement request based on
the job-relevance of the request, potential benefit to the Town, and funds available.
Note: A set funding amount is allocated to this program on a fiscal year basis. For that reason, funds are
distributed on a “First Come – First Serve” basis at time of application.
1978111.1 86
Procedure:
1. All requests for tuition reimbursement must be submitted on a Tuition Reimbursement Application (see
Exhibit 913-A).
2. All requests must include identification of the agency accrediting the college and a description of the
course(s). Both of these may be photocopied from the school catalog. For degree programs, a copy of the
requirements for the degree must be submitted, including a list of all required courses. As above, a
photocopy from the school catalog will generally suffice.
3. Upon final approval or disapproval, a copy of the Application is returned to the requesting employee and
Department Head.
4. Upon successful completion of the course, the employee shall re-submit his/her copy of the Application to
Human Resources, along with proof of successful completion (grade report) and detailed invoices for
reimbursement within thirty (30) days of completion of the class(s).
Separation from Employment - It is anticipated that the employee and the Town of Fountain Hills will both
benefit from employee development activities and the organization's financial investment in such activities.
Consequently, if an employee who has received financial assistance under this program separates from Town
employment for any reason within 24 months after receiving reimbursement, an amount is withheld from the
final paycheck according to the following schedule:
Date of Separation from Employment Reimbursement % Withheld
Through 6 months from reimbursement 100%
7 through 12 months from reimbursement 75%
13 through 18 months from reimbursement 50%
19 through 24 months from reimbursement 25%
Tuition reimbursement may be paid prior to completion of requested courses, but only on an exception basis.
The employee must furnish an explanation of need that would justify payment in advance, and an affirmative
endorsement by the individual’s Department Head prior to consideration. Each request for exception will stand
on its own merits.
Nothing in this policy, the application for assistance under this program, or any other document shall be
construed to imply a contract or term of employment for any period or in any way to modify the employment-
at-will relationship between the Town of Fountain Hills and the employee.
1978111.1 87
EXHIBIT 913-A
TUITION REIMBURSEMENT APPLICATION
You must meet eligibility requirements and receive all required approvals before registering for or enrolling in
course(s) to be approved for tuition reimbursement. (Refer to the Tuition Reimbursement Policy for details)
SECTION I – PREAPPROVAL FOR TUITION REIMBURSEMENT
DATE: _____________________
EMPLOYEE NAME: _______________________DATE OF EMPLOYMENT: _____________
JOB TITLE: ___________________________________________________________________
(ELIGIBILITY – Full-Time post probationary employee and completed 12 months of paid continuous
service)
_________________________________________________________________________________________
______________________________________________
SCHOOL NAME:_______________________________________________________________
(ELIGIBILITY – Universities and colleges must be accredited by a body recognized by the US Dept of
Education)
DEGREE PROGRAM: ___________________MAJOR COURSE OF STUDY:_____________
ACADEMIC SEMESTER (Circle One): Fall Winter Spring Summer
COURSE TITLE: ________________________COURSE START DATE: _________________
(ELIGIBILITY – Course must be related to the employee’s current job or future career growth with the
organization. If a degree program is approved, all courses necessary to obtain the degree will be eligible
for reimbursement, even if the course is not directly related to the employee’s job. However, a Tuition
Reimbursement Application must be submitted and approved prior to the beginning of each course
under the degree program. It is understood that there are repayment provisions if you should leave
employment within 24 months of receiving reimbursement.)
REQUIREMENT: You must attach identification of the agency accrediting the college and a description
of the course(s). Both of these may be photocopied from the school catalog. For degree programs, a copy
of the requirements for the degree must be submitted, including a list of all required courses. As above,
a photocopy from the school catalog will generally suffice.
REQUESTED AMOUNT: $_______________________________
EMPLOYEE’S SIGNATURE: _____________________________ DATE:_________________
DEPT HEAD’S SIGNATURE: _____________________________DATE:_________________
TOWN MANAGER’S SIGNATURE:________________________DATE:________________
*****************************************************************************
1978111.1 88
SECTION II – TUITION REIMBURSEMENT REQUEST
COMPLETION DATE OF ABOVE COURSE: _______________GRADE RECEIVED:______
(ELIGIBILITY – A grade of “C” or higher (“pass” in a pass/fall system) must be attained to receive the
reimbursement.)
TUITION REIMBURSEMENT AMOUNT: $___________________
REQUIREMENT: Upon successful completion of the course, employee shall resubmit his/her copy of
Application, along with proof of successful completion (grade report) and detailed invoices (receipts) to
Human Resource for reimbursement.
******************************************************************************
SECTION III – HR ONLY
APPROVED REIMBURSEMENT AMOUNT TO EMPLOYEE: $______________________________
TOWN MANAGER’S SIGNATURE: _____________________________DATE: _________________
1978111.1 89
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: TRAINING FUNDING
POLICY NO: 914
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To maximize the return on investment for Town funded, job-related training outside the scope of
the Tuition Reimbursement Policy 913.
STATEMENT OF POLICY: The Town seeks to assist employees in obtaining job related training to
enhance the personal skills of the employee in areas that are beneficial to Town operations.
SCOPE: This guideline applies to all Town employees. Town employees who attend job-related training
may, at the discretion of the Town Manager, have some or all of their expenses paid for through Town funds,
including travel, accommodations, auto rental, attendance and required material fees, up to a maximum of
$1,500 per fiscal year.
PROCEDURE: Employees who attend a training event that costs $1,000 or more (minus wages, but inclusive
of expenses incurred from travel, per diem, lodging, auto rental, attendance and material fees) will be required
to sign an agreement stating that if he or she separates voluntarily from Town employment within one year
following the conclusion of the training, an amount based upon the total will be withheld from the final
paycheck according to the following schedule:
Date of Separation Percentage Withheld
Up to 90 days following conclusion 100%
91 to 180 days following conclusion 50%
181 to 365 days following conclusion 25%
The original signed agreement will be forwarded to the Human Resources Office for inclusion in the
employee's personnel file. Under special circumstances, the repayment requirement provision of this guideline
may be waived at the discretion of the Town Manager. Nothing in this policy implies any type of contract with
respect to continued employment, or limits the rights of the Town to terminate any individual in accordance
with Town policy.
1978111.1 90
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: FAMILY & MEDICAL LEAVE ACT (FMLA)
POLICY NO: 915
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills’ family and medical leave policy is available to employees with at least twelve
(12) months of service and who have worked at least 1,250 hours within the preceding 12-month period. If
eligible, an employee may be able to take up to twelve (12) weeks of unpaid leave during the calendar year
(based on a 12-month rolling calendar) for the following reasons:
• The birth of a child or to care for a child within the first 12 months after birth:
• The placement of a child with the employee for adoption or foster care within the first 12
months of placement;
• To care for an immediate family member who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the functions of
his/her position.
When requesting leave, the employee must provide his/her supervisor and Human Resources with at least 30
days of advance notice whenever possible. Medical certification will be required if the leave request is for the
employee’s own serious health condition or to care for a family member’s serious health condition. Failure to
provide the requested medical certification in a timely manner may result in denial of the leave until it is
provided. Because the Town wishes to ensure the well-being of all employees, any employees returning from
FMLA for his/her own serious health condition will need to provide a Fitness for Duty statement signed by
his/her treating physician. An employee failing to provide a Fitness for Duty statement will not be permitted
to resume work until it is provided. Qualifying FMLA leave will not be counted as an absence under the
organization’s attendance policy.
The Town of Fountain Hills, at its expense, may require an examination by a second health care provider
designated by the Town of Fountain Hills.
The Town of Fountain Hills will maintain health care benefits for the employee while on FMLA leave, but the
employee is responsible for paying the normal monthly contribution. If the employee elects not to return to
work at the end of the leave period, the employee will be required to reimburse the Town for the cost of
premiums paid for maintaining coverage during the leave period. All other benefits cease to accrue during the
unpaid portion of the leave.
Employees must use any accumulated sick, vacation, or personal time to the extent available during this leave
period, unless such leave is covered under Workers’ Compensation, in which case the employee may only use
accumulated leave time for the purpose of satisfying any waiting period. Absences in excess of these
accumulated days will be treated as leave without pay. Upon return from leave, the employee will be restored
to his/her original or an equivalent position. If an employee fails to return at the end of the FMLA leave, the
employee will be considered to have voluntarily resigned his/her position with the Town of Fountain Hills.
1978111.1 91
If the employee and his/her spouse both work for the Town of Fountain Hills, they are both eligible for leave.
In cases other than the employee’s own serious health condition, the total leave period for the employee and
the employee spouse may be limited to 12 weeks total (combined).
It may be medically necessary for some employees to use intermittent FMLA leave. The organization will
work with employees to arrange reduced work scheduled or leaves of absence in order to care for a family
member’s serious medical condition or their own serious medical condition. Leave because of the birth or
adoption of a child must be completed within the 12 month period beginning on the date of birth or placement
of the child. It may not be taken intermittently without special permission from Human Resources.
If an employee requests an extension of leave beyond the 12-week period because of his/her own serious
medical condition, the employee must submit medical certification of a continued serious health condition in
advance of the request. The Town of Fountain Hills will review such requests on a case-by-case basis in order
to determine whether it can reasonably accommodate such a request. Reinstatement is not guaranteed when
granted extended leave and will depend upon the business needs of the organization.
When state and local laws offer more protection or benefits, the protection or benefits provided by those laws
will apply.
1978111.1 92
Exhibit 915-A
Family and Medical Leave Request/Notification
Employee Name ______________________________________ ____________________________
(Last, First, MI) Security Number
Department Work Telephone ____________________________________
Dates of Leave Actual Anticipated
From_________________________________ To_________________________________
Reason for Leave (check all that apply)
Birth of my child or care for my newborn child or placement of my child for adoption or foster care.
To care for my spouse, child or parent with a serious health condition.
Intermittent Reduced Work Schedule Full-time Leave
A serious health problem which makes me unable to work.
Intermittent Reduced Work Schedule Full-time Leave
Describe the medical necessity for intermittent or reduced work schedule.
Describe when time off or what change in work schedule will be required.
I hereby certify that all of the statements contained herein are true to the best of my knowledge. I
understand that omissions or misuse of this law may cause rejection of my leave request and/or
disciplinary action.
___________________________________________________ _______________________________
Employee’s Signature Date
EMPLOYEE - DO NOT WRITE BELOW THIS LINE
1978111.1 93
Eligibility Verification by the Supervisor
On all requests for FMLA - Within 2 days verify with payroll and the Human Resources Office that the
employee has been employed by the Town for 12 months, worked 1250 hours in the last year, and the number
of hours of FMLA that have been taken in the preceding 12 months from the effective date of this request does
not exceed 12 weeks. If ineligible, sign and return to employee. If eligible, sign and forward to appropriate
authority for final signature.
Eligible for ______ weeks in accordance with this request.
Ineligible Insufficient months of work Insufficient hours of work
FMLA entitlement exhausted for the 12 month period. _________ weeks of FMLA have been taken
within 12 months. Will be eligible: ________________________
______________________________________________ ____________________________________
Verifying Authority Signature Date
Human Resources Office - I have reviewed medical documentation submitted and find the health condition
described therein to meet the requirements for approval of FMLA. (Within 2 days forward the FMLA Request
to the Town Manager for signature.)
_______________________________________________ ___________________________________
Personnel Liaison Signature Date
Final Acknowledgement
Approved Disapproved
________________________________________________ __________________________________
Town Manager's Signature Date
Distribution:
Original - Employee Medical File
Copy – Employee
1978111.1 94
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: COBRA
POLICY NO: 916
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To establish a policy governing continuation of benefits.
SCOPE: All eligible employees.
STATEMENT OF POLICY: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA)
helps employees and their dependents to continue their health insurance even if they are no longer eligible
under the Town’s health plan.
There are strict rules about when an employee can use COBRA. COBRA lets an eligible employee and
dependents choose to continue their health insurance when a "qualifying event" happens. Qualifying events
include the employee's resignation, termination, leave of absence, shorter work hours, divorce, legal
separation, or death. Another qualifying event is when a dependent child stops being eligible for coverage
under the employee’s health insurance.
An employee who continues insurance under COBRA will pay the full cost of the insurance at the Town’s
group rates plus an administration fee. When you become eligible for our health insurance plan, we will give
you a written notice describing your COBRA rights. Because the notice contains important information about
your rights and what to do if you need COBRA, be sure to read it carefully.
PROCEDURE: Participants and their qualified beneficiaries are notified of their COBRA rights upon initial
enrollment in group health coverage. Because the notice contains important information about rights and what
to do if COBRA is needed, be sure to read it carefully. Those rights and responsibilities are incorporated into
this Policy.
1978111.1 95
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: FRINGE BENEFITS AND LEAVES
POLICY: Service Awards
POLICY NO: 917
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
The Town of Fountain Hills has established a Service Award Program to honor employees at certain
times during their years of service to the Town. All part-time and full-time employees are eligible.
Awards will be issued to employees completing five (5) years of service. Additional service awards
will be issued at five year intervals.
Employees will be recognized for their years of service at a Staff Meeting.
1978111.1 96
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: TRAVELING ON OFFICIAL BUSINESS
POLICY: TRAVEL TIME
POLICY NO: 1001
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a set of uniform guidelines for the compensation of employees during periods of
business related travel.
STATEMENT OF POLICY: It shall be the policy of the Town of Fountain Hills to comply with applicable
provisions of the Fair Labor Standards Act as it relates to the compensation of employees during periods of
business-related travel.
Commute Time
An employee who travels from home before the regular workday and returns to his/her home at the end of the
workday is engaged in ordinary home to work travel, which is not work time.
If an employee who regularly works at a fixed location in one town is given a special one day assignment in
another town or city and returns home the same day, the time spent in traveling to and returning from the other
town or city is work time, except that the Town will deduct the time the employee would normally spend
commuting to the regular work site.
Travel During the Workday
Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site
during the workday, is work time and will be counted as hours worked.
The Town allows employees to attend conferences and general educational activities for personal growth and
as a fringe benefit. Travel to and from professional conferences for career advancement, where the employee
does not engage in an activity directly related to the employee's "principal activity" and where attendance is
voluntary, is not compensable.
Out-of-Town Travel
Travel away from home that involves an overnight stay will be work time when it cuts across the employee’s
workday. The time will be hours worked on regular workdays during normal working hours and during
corresponding hours on nonworking days. The Town will not count time spent in travel away from home
outside working hours as a passenger on an airplane, train, boat, bus, or automobile as work time.
1978111.1 97
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: MEMBERSHIP IN PROFESSIONAL AND CIVIC ORGANIZATIONS
POLICY NO: 1101
EFFECTIVE: October 7, 2004
REVISED:
Membership in a professional organization is valuable to our employees as well as to our organization. The
Town of Fountain Hills will pay the annual membership fee required for an employee to belong to job-related
professional organizations that are approved in the annual budget. The Town of Fountain Hills will also pay
the fees required for employees to maintain and/or obtain professional designations that are directly related to
their jobs and that are approved in the annual budget. A department director must approve in writing any
exceptions to these limits. The Town of Fountain Hills cannot pay for student memberships in professional
organizations.
If membership in a professional or civic organization or a professional designation is not job related but is
beneficial to an employee and our organization, the employee may request that his/her dues be paid for by the
Town of Fountain Hills. The employee should make a written request to his/her department director. The
employee will be advised in writing whether any, or all of the dues, will be paid by the Town of Fountain
Hills.
The Town of Fountain Hills will also pay expenses associated with attending periodic job related meetings,
conferences and seminars sponsored by professional organizations that are approved in the annual budget.
1978111.1 98
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: USE OF TOWN VEHICLES BY TOWN EMPLOYEES
POLICY NO: 1102
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish guidelines for the appropriate use of Town vehicles. Each Town Department shall
adopt this regulation or may adopt more stringent guidelines with the written permission of the Town
Manager.
STATEMENT OF POLICY:
SCOPE: All personnel driving Town vehicles shall have a valid State of Arizona Driver’s License with the
appropriate license classification for the type of vehicle they are operating, acquire a complete knowledge and
understanding of vehicular operations, and obtain all necessary approvals from Risk Management required to
operate the vehicle. If a Town employee should lose their driver’s license for any reason, that employee shall
notify their supervisor at the beginning of the next working shift. The responsibility for assuring complete
compliance with the provisions of this regulation rest with the Department Head, supervisors at all levels, and
the individual employees involved.
PROCEDURES:
A. The use of Town vehicles shall be restricted to official business, subject to the following guidelines:
1. Transporting of passengers shall be limited to Town employees, persons in an advisory capacity to the
Town, persons participating in approved Town programs, and other agency representatives on Town
business.
2. Employees assigned a Town vehicle for use during their normal workday schedule may use the
vehicle during normal work hours to either go home or to a restaurant for lunch if their personal
vehicle is not readily available. Employees assigned a vehicle for use during their normal workday
schedule are to exercise discretion in its use. Town vehicles may not be used for personal business.
3. Alcoholic beverages shall not be consumed or transported in Town vehicles nor shall Town employees
have consumed any alcohol or any substance (as defined by the Town’s Drug Free Work Environment
Policy) before or while operating the vehicle. Under no circumstances shall any Town employee who
registers a positive blood alcohol level be permitted to operate any Town vehicle or heavy equipment.
4. It is inappropriate for a Town vehicle to be parked in front of certain types of businesses, such as a
liquor store or bar unless the vehicle is being used to conduct official Town business, such as an
inspection. Considerable discretion should be exercised when using the vehicle for the purposes noted
in this paragraph.
1978111.1 99
B. Department Heads may assign Town vehicles for overnight use under the following circumstances:
1. To employees who are frequently required to use a Town vehicle at night, during the weekend, or if
they have substantial emergency responsibilities. This does not include employees whose homes are
outside Fountain Hills unless the Town’s emergency response or other important Town business
would be greatly facilitated.
2. In situations where the conduct of Town business can be facilitated by overnight use of a Town
vehicle by an employee who normally does not keep a Town vehicle overnight.
3. To any number of employees rotating a specific assignment and vehicle at night or on weekends.
4. All employees making overnight trips with a Town vehicle must have prior approval of their
Department Head as denoted on a Travel Authorization form.
C. Town vehicles shall be operated in a responsible, safe manner, as outlined below:
1. Seat belts shall be worn by all employees and passengers using a Town vehicle and the vehicle shall
not be operated until all vehicle occupants have buckled their seat belt.
2. Town vehicles shall be driven in compliance with motor vehicle laws.
3. Employees are personally responsible for the prompt and proper reporting to their supervisor, and
payment, of fines for any citations received while using a Town vehicle. Under no circumstances are
these citations to be paid for by the use of Town funds. All moving traffic citations shall be reported
within three (3) working days to the appropriate Department Head.
4. All employees who operate a Town vehicle shall become familiar with policies and procedures
relating to the reporting of accidents. Employees involved in an accident may be required to submit to
a test for drugs or alcohol, including possible urine or blood screening. Such tests would be conducted
in accordance with Town regulations as outlined under the Drug Free Work Environment Policy and
Town of Fountain Hills Personnel Rules.
5. Employees operating Town vehicles are responsible for keeping them clean and litter free. Employees
assigned to a specific Town vehicle on a regular basis are also responsible for ensuring the vehicle is
in good working order at all times. Any known defects or malfunctions of a Town vehicle are to be
reported promptly to the Fleet Mechanic.
6. Routine maintenance and repair of Town vehicles will be supervised through the Fleet Mechanic
employed by the Town of Fountain Hills.
7. Fuel cards shall remain in Town vehicles at all times and should be stored in the glove compartment.
1978111.1 100
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: USE OF TOWN PREMISES, PROPERTY AND MATERIALS
POLICY NO: 1103
EFFECTIVE: October 7, 2004
REVISED:
Meetings held on the Town of Fountain Hills’ premises must be for the purpose of conducting business.
Meetings for other purposes are strictly forbidden.
The use of business stationery and/or the Town’s postage meter for personal correspondence is strictly
forbidden. The personal use of its facsimile or copying machines also is forbidden without first receiving
management approval and reimbursing the Town of Fountain Hills at the current prevailing rates.
Sending or receiving personal mail at the Town of Fountain Hills’ address is strongly discouraged because it
adds to an already enormous mail volume.
No product or materials, including that put in any trash container, is to be removed from the buildings except
by authorized personnel. Anyone who removes product or materials without proper authority will be
terminated.
1978111.1 101
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: ELECTRONIC MAIL AND SCHEDULING SYSTEM
POLICY NO: 1104
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and
lawful use of the Town of Fountain Hills electronic mail (email) system.
SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized
temporary employees, contractors, and third parties who have access to the Town electronic mail system.
DEFINITIONS:
1. "Archive" means that electronic mail files will be moved from the current location and placed in an
archive file that can be accessed by the employee. This helps facilitate improved response time within the
electronic mail system.
2. "Electronic Mail (e-mail)" is any transmission of messages, including attachments and imbedded objects,
across the Town of Fountain Hills computer information network by electronic means, including but not
limited to commercial and electronic mail applications, operating systems messaging capabilities and
internet mail.
3. The "I/T Coordinator" is the person responsible for maintaining departmental electronic mail applications
and/or directories.
4. "Formal Communications" are communications of any kind pertaining to public business which must be
preserved as a public record.
5. "Intellectual Property" includes rights and products of the mind or intellect, arising under any law,
including, but not limited to, Trade Secrets, Trademarks, Trade Dress, Copyrights, and Unfair
Competition. This includes any body of work developed by an employee working on Town business.
6. "Public Record" means:
a. A record that is made by a public official in the pursuance of a duty, the immediate purpose of which
is to disseminate information to the public, or to serve as a memorial of official transactions for public
reference.
b. A record that is required by law to be kept, or necessary to be kept in discharge of a duty imposed by
law to serve as a memorial and evidence of something written, said, or done.
1978111.1 102
c. A written record of transactions of a public officer in his/her office, which is a convenient and
appropriate method of discharging his/her duties, and is kept by this employee as such, whether
required by express provisions of law or not.
7. "Routine Electronic Mail Communications" include:
a. Scheduling Meetings and conference calls
b. Notification of legal and policy issues to be resolved in more formal communication
c. Requests for information or directives to complete tasks
d. Notification of employees’ whereabouts, i.e. vacations, conferences, out-of-office work
e. Requests for formal advice and assistance
POLICY:
The Town of Fountain Hills maintains an electronic mail system. This system is provided by the Town to
assist in the conduct of business within the Town. All messages composed, sent, or received on the electronic
mail system are and remain the property of the Town. They are not the private property of any employee.
1. The confidentiality of any message should not be assumed. Even when a message is erased, it is still
possible to retrieve and read that message. Further, the use of passwords for security does not guarantee
confidentiality.
2. Electronic mail messages are considered Public Records unless they fall into one of three exemption
categories: (1) Confidentiality, (2) Personal Privacy, or (3) Best interest of the State. The ‘confidential’
(or similar) stamp provided by individual electronic mail systems should be used to mark electronic mail
messages that should be reviewed to determine whether or not the requested message is a public record.
NOTE: The fact an electronic mail message has been marked “confidential” does not remove the message
from the public records arena, but it will facilitate the review for public record purposes.
3. The Town reserves the right to review, audit, intercept, access and disclose all messages created, received
or sent over the electronic mail system. The contents of electronic mail that are public records may be
disclosed without the notice or permission of the sender. The Town Attorney’s office shall review all
messages before they are disclosed. No electronic messages may be monitored, reviewed, audited,
intercepted, accessed or disclosed without authorization of the Town Manager.
4. Notwithstanding the Town’s right to retrieve and read any electronic mail messages, such messages shall
be treated as confidential by other employees and accessed only by the intended recipient.
5. Employees are responsible for protecting their electronic mail passwords and the mail accounts that have
been entrusted to them.
6. In addition to the use of electronic mail in the performance of their job duties, employees may make
limited personal use of electronic mail under the following circumstances:
a. Scheduling of personal appointments as an effective extension of one’s overall time management, i.e.,
luncheons, meetings, etc.
1978111.1 103
b. Sharing of event driven information and planning of work-related social events where the intent is to
enhance employee morale, i.e. birthdays, marriages, births, etc.
c. Other limited uses that do not violate Town or departmental policy.
7. Prohibited uses of electronic mail include, but are not limited to:
a. Soliciting or recruiting membership for commercial ventures, religious or political causes, outside
organizations, or other non-job-related solicitations.
b. Creating any offensive or disruptive messages which contain sexual implications or comments that
offensively address race, color, religion, gender, national origin, ancestry, marital status, sexual
orientation, age, physical or mental disability, medical condition, or veteran status.
c. Transmitting graphic images in an electronic mail that are not directly related to Town business.
d. Issuing or forwarding serial or “chain mail" type messages or advertisements of any commercial
nature, except notices of officially approved or sponsored organizations that benefit Town employees,
e.g., employee educational scholarships.
e. Sending (uploading) or receiving (downloading) copyrighted material, trade secrets, proprietary
financial information, or similar materials without prior authorization.
f. Retrieving or reading any electronic mail messages intended for another recipient unless authorized by
the e-mail recipient.
g. Attempting to gain access to another employee’s messages or files without his/her permission.
h. Any activity that violates established Town or department policy.
RETENTION SCHEDULES:
Electronic mail communications will be preserved in accordance with law.
1. Formal communications transmitted or received through electronic mail shall be printed, and the document
preserved in the appropriate file in permanent paper format, and disposed of pursuant to the Town Records
Retention and Disposition Schedule. Once communications have been preserved as documents in the
appropriate file, they should be deleted from the electronic mail system.
2. Routine electronic mail communications, as defined in this policy, should be deleted after the required
action is taken.
3. Communications subject to a pending public record request or to format discovery in ongoing litigation
will be preserved in the appropriate file or word processing system.
AUTHORITY AND RESPONSIBILITY:
1. Employees are responsible for:
a. Understanding and adhering to the electronic mail policy.
1978111.1 104
b. Using common sense and good judgment in the use of electronic mail as determined by this Town
Policy and the Town Manager.
c. Managing their electronic mail accounts by preserving and deleting electronic mail messages from
their folders as instructed by this policy.
d. Advising Department Head or Town Manager of any violation of this policy.
e. Maintaining reasonable precautions to safeguard their electronic mail from unauthorized entry or use.
2. Department Heads are responsible for:
a. Understanding this policy and related policies and documents.
b. Advising their employees about this policy and appropriate use.
c. Notifying the Town Manager when circumstances warrant monitoring of an employee’s electronic
mail.
d. Following retention schedules in accordance with applicable statutes, Town and organizational
policies.
3. The I/T Coordinator is responsible for:
a. Confirming that reported circumstances warrant monitoring
b. Obtaining authorization from the Department Heads and the Town Manager before monitoring
specific activity
c. Reporting violations of this policy to the Department Head for further investigation and disciplinary
action as appropriate
PROCEDURES:
1. The Human Resources Office will provide all employees with a copy of this electronic mail policy during
new employee orientation and ensure the employees acknowledge and sign a policy acknowledgment.
2. If a violation of this policy occurs, or is suspected, the Department Head or designee should:
a. Document the circumstances
b. Confirm with the Town Manager that monitoring electronic mail is appropriate
c. Monitor the employee’s mail in a manner consistent with the circumstances of the policy violation
d. Report incidents to the Town Manager and initiate disciplinary action, as appropriate under the
circumstances
3. Any employee who violates this policy or uses the electronic mail system for improper purposes shall
be subject to discipline, up to and including termination.
1978111.1 105
FORMS:
The following form shall be used in conjunction with this policy:
1. Employee Electronic Mail and Internet Use Policy Acknowledgment (See Exhibit 1104-A).
1978111.1 106
EXHIBIT 1104-A
TOWN OF FOUNTAIN HILLS
Electronic Mail and Internet Use Policy Acknowledgement
I understand that all electronic communication systems, as well as all information transmitted,
received, or stored in these systems is the property of the Town of Fountain Hills. I also understand
that such systems are to be used for job-related purposes in accordance with policy and that I have no
expectation of privacy in connection with the use of this equipment or the transmission, receipt, or
information stored in such equipment.
I further understand and agree not to use a code, access a file, or retrieve any stored communication
unless authorized; and I acknowledge and understand that the Town may monitor my use of this
equipment at any time at its discretion. Such monitoring may include printing up and reading all e-
mail entering, leaving, or stored in these systems.
Name of Employee __________________________________________
(Print Name)
Signature of Employee __________________________________________
Date __________________________________________
Name of Management Witness __________________________________________
(Print Name)
Signature of Witness _________________________________________
Date _____________________________________
1978111.1 107
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: INTERNET USE
POLICY NO: 1105
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The Town of Fountain Hills provides limited access to resources available on the Internet to
Town staff for research on Town projects and to facilitate communications with others regarding Town issues
and practices. This service is available, subject to supervisory approval, to all Town employees and other
authorized users within the constraints of budget. This policy sets the standards for appropriate behavior of a
Town of Fountain Hills employee when accessing the Internet from either a stand-alone or network based
personal computer.
POLICIES:
1. Town resources used to access the Internet may only be used for lawful purposes by Town staff working
on Town projects. Users should be aware that any communication they transmit could be re-sent or
forwarded, intentionally or accidentally, by the recipient to other Internet users. Employees also need to
be aware that any e-mail or Internet communications transmitted or received on Town equipment are not
private communications, are subject to the Public Records Law, and may be monitored.
2. Any questions regarding appropriate use of these resources should be directed to the employee's
supervisor. The employee's supervisor will make the ultimate decision as to the acceptability of use, with
final approval by the Town Manager.
Examples of unacceptable use include, but are not limited to, the following when done knowingly or
intentionally:
• Using Town time and resources for personal gain
• Extensive use of Town time and Internet resources for non-job related reasons or purposes, which
have not been approved by the employee's supervisor
• Engaging in activity that wastes Town resources including file space or memory capacity, printer
usage, paper, etc.
• Sending or posting Town confidential materials outside of the Town, or posting such confidential
materials within the Town to non-authorized personnel
• Discourteous communication to or about other persons
• Issuing or forwarding chain mail and other frivolous messages, such as practical jokes
1978111.1 108
• Sending mass mailings to individual mailboxes whether directly or indirectly through distribution lists
is prohibited unless specifically approved by the Town Manager
• Accessing any adult (pornographic) sites
• Accessing a web site or location on the Internet where a fee is charged without express written
approval of the Department Director
PENALTIES:
Any use of the Town's equipment, resources or the Internet in violation of this policy may result in revocation
of these privileges, as well as additional disciplinary action up to and including termination. Unlawful use may
result in referral for criminal prosecution.
FORMS:
The following form shall be used in conjunction with this policy:
Employee Electronic Mail and Internet Policy Acknowledgment (See Exhibit 1104-A).
1978111.1 109
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: USE OF ELECTRONIC DEVICES
POLICY NO: 1106
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and
lawful use of the Town of Fountain Hills telephone system.
SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized
temporary employees, contractors, and third parties that are granted access to the Town’s telephone system.
POLICY:
Office telephones are a vital part of our business operation. Because of the large volume of business
transacted by telephone, personal use of the telephone should be limited and personal calls should be brief.
Personal long distance calls are discouraged. In instances where an emergency may occur, and it is not
possible to bill the long distance charges to the employee’s home phone, credit card, collect, etc., the employee
will be required to reimburse the Town for long distance charges.
Cellular phones and/or pagers are furnished to certain employees in connection with their job duties.
Employees who are issued cellular telephones by the Town of Fountain Hills should make all business related
long distance telephone calls while traveling from their cellular telephone. Employees need to limit personal
use of their cellular telephone in the same way they need to limit personal use of their office telephone.
Employees that have excessive cellular usage for personal calls will be subject to corrective action up to, and
including, termination.
The Town of Fountain Hills requires the safe use of its cellular telephones by employees while conducting
business. The employee should not use the cellular telephone while driving because of safety concerns but
should instead pull to the side of the road to make or receive telephone calls. If an employee is unable to pull
over or stop before receiving a cellular telephone call, they should keep the business conversation brief, and
immediately locate a safe area to park their vehicle.
During work time, employees are not permitted to use personal cellular telephones. These should be used only
during breaks and meal times.
1978111.1 110
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: iPAD/iPHONE USE
POLICY NO: 1107
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: The purpose of this policy is to document employee responsibilities for the proper, secure, and
lawful use of iPads and iPhones owned by the Town of Fountain Hills.
SCOPE: Town of Fountain Hills has provided an iPad/iPhone with Internet and E-mail access to all members
of the Town Council and designated staff (“Users”) for the purpose of performing work efficiently and
effectively.
POLICY:
1. Each User shall comply with this policy when using the iPad/iPhone issued to such User.
2. Users will use their default email account for the iPad/iPhone that will be used to send official Town
documents, including without limitation Town Council agendas, staff reports, and the like. Internet
access may be available through the iPad/iPhone.
3. The iPad/iPhone and Internet, and E-mail access provided on the iPad/iPhone are tools for conducting
Town business. The use of such tools shall be solely for Town-related purposes, such as to review
Council agenda materials, research relevant topics, obtain useful information for Town-related
business, and conduct business communications as appropriate. All of the Town's computer systems,
including the iPad/iPhone, are public property. All documents, files, and E-mail messages are subject
to the Arizona Public Records Law, and are the property of the Town of Fountain Hills.
4. Users shall comply with the copyrights, software license provisions, property rights, privacy of others,
just as in any other business dealings. All existing Town policies will continue to apply to use of the
Internet and to use of E-mail on the iPad/iPhone, including but not limited to those that deal with
misuse of Town resources, sexual harassment, information and data security, and confidentiality.
5. iPad/iPhone, Internet, and E-mail activities will be traceable to the Town of Fountain Hills and will
impact the reputation of the Town. Users shall refrain from making any false or defamatory
statements in any Internet forum and from committing any other acts which could expose the Town to
liability. Users shall not knowingly download files from sources which may be untrustworthy nor shall
Users open and read files attached to E-mail transmissions unless they originate from a trustworthy
source. Downloaded files and attachments may contain viruses or hostile applications that could
damage the Town’s systems. Users will be held accountable for any breaches of security caused by
files obtained for non-business purposes.
1978111.1 111
6. There is no expectation of privacy with respect to the use of the iPad/iPhone. The Town reserves the
right to inspect all files stored on iPad/iPhone in order to assure compliance with this policy. Users do
not have any privacy right in any matter created, received, stored in, or sent from any Town
iPad/iPhone and the Town Manager may institute appropriate practices and procedures to assure
compliance with this policy.
7. The iPads/iPhones will be equipped and periodically updated with such applications, “apps”, and
software as may be reasonably necessary and appropriate to perform Town related duties. Any
software, E-mail messages, or files downloaded via the Internet into the Town systems become the
property of the Town and may only be used in ways that are consistent with licenses or copyrights.
8. If a User loses or damages the iPad/iPhone, it shall be reported to the Information Technology
Coordinator immediately, as the iPads/iPhones may be covered by an extended warranty. The User
may be responsible for payment of the deductible for repair or replacement if the damage or loss was
the result of gross negligence or intentional misconduct of the User.
9. Users shall not send any messages of an obscene, libelous, vulgar, or defamatory nature.
10. Users shall not use any email program or service during any Town meeting and Users will not use the
iPad/iPhone in any way that might violate the Open Meeting Law.
11. Users shall not use the iPads/iPhones for operating a business of personal gain, sending chain letters,
soliciting money for religious or political causes, or any other purpose that interferes with normal
Town business activities.
12. Users shall not use the iPads/iPhones to deliberately propagate any virus or other hostile computer
program or file, to disable or overload any computer system or network, or to circumvent any system
intended to protect the privacy or security of another user.
13. When using the iPads/iPhones, Users shall identify themselves honestly, accurately, and completely at
all times.
14. Users shall return their iPad/iPhone to the Information Technology Coordinator when their term or
employment, as applicable, with the Town of Fountain Hills has ended.
RETURN:
All elected officials and employees shall return their iPad/iPhone to the Information Technology Coordinator
when their term and service for the Town of Fountain Hills has ended. The iPad/iPhone will be wiped clean of
any and all information upon return of the iPad/iPhone to the Information Technology Coordinator at the end
of the elected and appointed official’s term and service. Information Technology will ensure that any public
records stored on the iPad/iPhone that need to be retained shall be transferred to an appropriate Town
computer or storage medium.
1978111.1 112
EQUIPMENT BUYBACK:
At the end of their term or employment, the elected official or employee has the option to purchase the
iPad/iPhone from the Town at the following rates:
• iPhone - $100
• iPad – Replacement cost calculated based on a depreciable life of 5 years:
Year one - $500
Year two - $400
Year three - $300
Year four - $200
Year five and beyond - $100
CONCLUSION:
The Town of Fountain Hills has provided iPad/iPhone, Internet, and email access to all elected officials and
certain employees for the purpose of performing work efficiently and effectively in the context of available
communication technologies. While compliance with this detailed policy is mandatory, it should not impede
legitimate use of these facilities. The purpose of this policy is to ensure that all use is consistent with the law
and with the ethical and business practices which the Town follows.
FORMS:
The following forms shall be used in conjunction with this policy:
1. IPad/IPhone Agreement (See Exhibit 1107-A)
2. Employee Electronic Mail Policy Acknowledgment (See Exhibit 1104-A)
1978111.1 113
EXHIBIT 1107-A
TOWN OF FOUNTAIN HILLS
IPAD/IPHONE AGREEMENT
FOR TOWN COUNCIL MEMBERS AND DESIGNATED STAFF MEMBERS
I, the undersigned, have been provided a copy of the Town of Fountain Hills iPad Policy and understand its
contents fully. I accept and understand terms of the policy and agree to abide by all the terms contained in it.
(Signature)
Name:
Position:
Date:
1978111.1 114
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: SOCIAL MEDIA POLICY
POLICY NO: 1108
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To establish guidelines for the use of social media by Town employees.
SCOPE: This policy applies to all employees of the Town of Fountain Hills, including all authorized
temporary employees, contractors, and third parties who have access to the Town’s information system.
STATEMENT OF POLICY: The Town of Fountain Hills understands that many employees use social media
as a way to share information and opinions with family, friends, and co-workers. However, the use of social
media presents certain risks and carries certain responsibilities. In conjunction with the Town’s policies
regarding Code of Conduct, Political Activity, Harassment, Electronic Mail and Scheduling System, Internet
Use, and iPad/iPhone Use, the following guidelines have been established for appropriate use of social media.
GUIDELINES:
1. “Social media” are comprised of the various means of communication or posting of information or content
on the Internet, including, but not limited to, blogs, journals, personal websites, social networking
websites, web bulletin boards, and web chat rooms. Common social media providers include Facebook,
Twitter, and YouTube, among others.
2. Employees may not post to or use personal social media or social networking websites during work time,
using Town computers or devices, or while operating a Town vehicle.
3. The same principles found in the Town’s personnel policies apply to activities online. Any conduct that
adversely affects job performance or that adversely affects fellow employees, vendors, community
members, or the legitimate interests of the Town may result in disciplinary action up to and including
termination.
4. Employees should consider the risks and rewards before posting any content online. Employees are solely
responsible for what they post online. They should be respectful, honest, and accurate and should never
post content that is or could be perceived to be false, malicious, obscene, threatening or intimidating,
disparaging to others, or that might constitute harassment or bullying.
5. Employees should maintain the confidentiality of Town information that should not be made public. Not
all records and information constitute public records and information subject to disclosure. Disclosure of
confidential or otherwise protected information is a violation of Town policy and may be a violation of
state law.
6. Employees should respect the intellectual property rights of the Town and others.
7. Only authorized individuals may post official content to the Town’s social media websites.
8. Employees should direct all media inquiries to the Town Manager or designee.
Nothing contained in this policy shall be interpreted or construed in a way that denies any employee his or her
civil or political liberties as provided by law.
1978111.1 115
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: OTHER WORK PLACE POLICIES
POLICY: TOWN FURNITURE AND WALLS
POLICY NO: 1109
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
All employees are asked to contribute to a professional looking work environment. Our
customers, residents and businesses deserve impressive public facilities. Employees are asked to:
• Check with department directors before hanging items on walls. Appropriate items could
include artwork, diplomas, awards, plaques, Town related items, etc.
• Frame all pictures or items for display
• Do not tape, magnetize or tack any items to walls, cubicles or their supports, overheads or
furniture. An exception could be if clipped with a magnet, out of view, and is not unsightly or
destructive to furniture. This would include any quick reference material such as phone
number lists, referral lists, etc. which should be displayed in the most professional manner
available.
• Refrain from displaying items that may cause others to be uncomfortable or may find to be
offensive.
• Employees may not post material on bulletin boards without the approval of Human
Resources or Information Technology Divisions.
1978111.1 116
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SUPERVISION AND DISCIPLINE
POLICY: SUPERVISION AND DISCIPLINE
POLICY NO: 1201
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish the employee discipline process.
PROCEDURES: Each employee shall be supervised by the individual to whom he/she is responsible in the
organization. Each employee shall customarily be responsible to one immediate supervisor; however, when an
employee divides responsibilities among two or more programs, the responsibilities for supervision and
evaluation shall be furnished in writing to the employee.
The Town Manager has authority to take disciplinary action against any classified or unclassified employee.
The Town Manager may delegate this authority to any management employee for subordinate employees.
Disciplinary actions shall be considered as constructive means of dealing with an employee's unacceptable
behavior or performance and should be appropriate to the seriousness of infraction or performance deficiency.
Normally, with the exception of serious misconduct, the supervisor will counsel or give written warning to an
employee and advise him/her about any aspects of work performance or conduct that need improvement and
provide an opportunity for improvement. However, there is no right to progressive discipline. The seriousness
of an offense may lead to any level of discipline up to dismissal. A combination of disciplinary actions may
also be used.
Grounds for Disciplinary Action
Grounds for disciplinary action(s) include but are not limited to the following:
1. The employee fails to competently or efficiently perform assigned duties and responsibilities.
2. The employee is unsafe to himself/herself, other employees, the public, or Town property in the
performance of duties or responsibilities; or the employee has violated safety rules or practices.
3. The employee has been abusive in attitude, language, behavior, or conduct toward a fellow employee, a
supervisor, or the public; or their action has resulted in physical harm, injury, or fear of harm to such
persons.
4. The employee has been insubordinate, willfully disobedient, or has failed to follow reasonable direction
from a supervisor.
5. The employee has been convicted of a criminal offense while employed by the Town.
6. The employee has stolen public or private property, misappropriated Town funds, or has been an
accomplice in any of these practices while employed by the Town.
7. The employee has made unauthorized use and/or removal of Town property.
1978111.1 117
8. The employee, through negligence or willful misconduct, has caused damage to public property or waste
of public supplies.
9. The employee has engaged in conduct, on or off duty, that is of such a nature that it causes discredit to the
Town.
10. The employee has purchased, possessed, used, manufactured, distributed, dispensed, or sold alcoholic
beverages, unauthorized drugs or controlled substances, or any other intoxicants on Town property, while
operating Town equipment, or while in the performance of Town duties unless authorized to do so; or the
employee has reported to work under the influence of alcohol or drugs as defined in the Town of Fountain
Hills Drug-Free Workplace Policy; or the employee’s off-duty use, possession, or sale of drugs or alcohol
adversely affects work performance, safety, or the Town’s reputation.
Upon reasonable suspicion, an employee may be required to undergo an intoxilyzer, blood, breath,
urinalysis, or any other appropriate test to detect and substantiate the presence of alcohol or drugs. Refusal
to undergo the test when ordered or switching or adulterating test samples will constitute violation of #4
above. (See Drug-Free Workplace Policy.)
11. The employee has intentionally falsified any document, report or statement relating to their employment
with the Town.
12. The employee has secured employment with the Town through misrepresentation or fraud.
13. The employee has refused to subscribe to any oath or affirmation required in connection with Town
employment.
14. The employee has violated the rule or regulation governing outside employment (See Policy 209,
Secondary Employment).
15. The employee has been inexcusably absent, has failed to receive prior approval for any paid or unpaid
absence, has abandoned their position, feigns sickness or injury, or otherwise deceives a supervisor as to
their condition or ability to perform the duties of the position, or the employee has falsified a certificate
justifying medical leave.
16. The employee has had excessive absenteeism or tardiness.
17. The employee has refused to perform reasonable modified duty that is assigned because of an
illness, injury or disability.
18. The employee has worked at outside employment while on medical leave, industrial accident leave, or
Family and Medical Leave.
19. The employee has concealed information or failed to properly report an accident or incident under the
purview of any state statute or Town resolution or regulation.
20. Failure of an employee convicted under a criminal drug statute for a violation occurring in the workplace
to notify his/her Department Head within five (5) days after such a conviction.
21. The employee holds a Town of Fountain Hills elective office prior to resigning from a Town position or
holding any other office incompatible with a position with the Town.
1978111.1 118
22. The employee has used or attempted to use political influence in securing a promotion, leave of absence,
transfer, or an increase in pay.
23. The employee has accepted a fee, gift, or other item in the course of performing the duties and
responsibilities of their position in violation of the conflict of interest rules.
24. The employee has committed an act of discrimination or harassment based on race, color, religion, sex,
national origin, age, disability or any other category identified in the nondiscrimination policy.
25. The employee has failed to follow appropriate chain-of-command.
26. The employee has committed any other conduct of equal gravity to the reasons enumerated in this section.
TYPES OF DISCIPLINARY ACTIONS:
Counseling
Counseling is a private discussion between a supervisor and an employee concerning expectations of future
conduct. The supervisor should keep notes regarding the discussion and the date, and the employee should be
told that a record of the counseling session shall become part of the employee's personnel record. Counseling
is not discipline and is not subject to the appeal/grievance procedure.
Warning
A written warning may be given to an employee describing the performance or behavior which needs to be
improved. The employee shall sign the statement and receive a copy. This warning shall become part of the
employee's personnel record.
Reprimand
When counseling or warning have not resulted in the correction of a situation, or when more severe initial
action is warranted, the supervisor may issue a written reprimand stating the date of any prior discussion or
warning, a description of the unacceptable behavior or performance, and possible consequences if behavior is
not improved or corrected. The employee shall sign the statement and receive a copy. If the employee refuses
to sign the statement, the supervisor shall sign the statement as such, and indicate the employee's refusal to
sign. The written reprimand shall become part of the employee's personnel file.
Special Review Period
When performance or behavior warrant the action, a special review period may be established. The special
review period may not exceed 90 calendar days. The supervisor shall prepare a written performance evaluation
and memorandum outlining the improvement required, the time established for the period, and possible
consequences if performance does not improve. Ten days before the end of the period, the supervisor shall
submit a written performance evaluation and recommendation for the employee's future status to the Human
Resources Administrator, which shall become a part of the employee's personnel record.
Demotion
An employee whose ability to perform the required duties falls below standard or who merits disciplinary
action may be demoted upon approval of the Town Manager. Written notice shall be given to the employee
within three days before the effective date of the demotion.
1978111.1 119
Suspension Without Pay: The Town Manager may suspend an employee from any position at any time
without pay for a disciplinary purpose. A supervisor may recommend suspension of a subordinate employee to
the Town Manager for his/her approval. No supervisor may suspend a subordinate for any period of time
without the approval of the Town Manager. A suspended employee receives written notification on a “Record
of Counseling/Disciplinary Action” form, or by separate letter which will be attached to the “Record of
Counseling/Disciplinary Action” form, listing the specific charge(s), period of suspension, and administrative
review and appeal rights, if any. The employee is given a copy of the written notification and the original is
immediately forwarded to the Human Resources Office for inclusion in the personnel record.
Suspension of Exempt Employees: An exempt employee (those exempt from the provisions of the Fair Labor
Standards Act) may not be suspended without pay for disciplinary sanctions for a period of less than one or
more full days except for infractions of safety rules “of major significance.” Suspensions for exempt
employees must occur within the same workweek. Safety rules of major significance are those (rules) and
supervisory directives relating to the prevention of serious hazard, damage or danger to the Town, its facilities,
employees or the public.
Administrative Leave With Pay: The Town Manager may place an employee on Administrative Leave With
Pay at any time as a non-disciplinary measure to permit an investigation into matters concerning a possible
disciplinary action. No supervisor may place a subordinate on administrative leave with pay for any period of
time without the approval of the Town Manager. During this period, the employee is considered to be on full
duty and available to participate and aid in the investigation. In making the determination to place an employee
on administrative leave with pay, the following factors are considered:
A. Whether or not the employee's presence on the job or at the work site would hinder the investigation,
OR
B. If the employee’s presence would be detrimental to the public interest or the continued efficient operation
of the Town. The Town Manager must approve administrative leave.
An employee placed on Administrative Leave With Pay receives written notification on a "Record of
Counseling/Disciplinary Action" form, or by separate letter which will be attached to the "Record of
Counseling/Disciplinary Action" form, listing the nature of the investigation, period of leave, and
administrative review and appeal rights, if any. The employee is provided a copy of the written notification
and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel
record.
Dismissal
Employees may be dismissed with cause by the Town Manager by written notice which shall state the cause
for dismissal, the effective date, and the employee's appeal rights, if any. Only covered employees who have
successfully completed the introductory period have appeal rights.
Due Process:
Prior to an involuntary termination, a non-introductory period employee will be provided with a written notice
from his or her supervisor of the intent to terminate with the supporting reasons. The employee shall be given
an opportunity to respond to the charge, orally or in writing to his or her supervisor, as to why the proposed
action should not be taken.
The department’s explanation in the notice shall be sufficient to apprise the employee of the basis for the
proposed action. This shall not limit the employer at subsequent proceedings from presenting a more detailed
1978111.1 120
and complete case. If, after considering the employee’s evidence, the Town proceeds with termination, the
employee may appeal in writing within ten (10) calendar days of the decision. Human Resources will then set
an administrative hearing to adjudicate the appeal. The employee may have legal counsel present at the
hearing.
In cases involving an employee who works under the direction of the Town Manager, the hearing officer shall
be the Presiding Judge. In cases involving an employee who works under the control of the Presiding Judge,
the hearing officer shall be the Town Manager. The Town Manager or the Presiding Judge may appoint
another manager or Judge from another Arizona city or town to serve as the hearing office in their place if they
so choose. The hearing officer shall, no later than five (5) calendar days after the conclusion of the hearing,
deliver a written opinion which shall contain three (3) basis elements:
1. A statement of relevant facts
2. A statement of applicable rules
3. Conclusions/recommendations
The written opinion shall be delivered to the affected employee, his/her supervisor and/or department
director, the Town manager in cases where the Presiding Judge has served as hearing officer, and the
Presiding Judge in cases where the Town Manager has served as hearing officer. A copy of the
opinion shall also be placed in the employee’s personnel file.
Within five (5) calendar days after the receipt of the written opinion of the hearing officer, the
appointment authority (either the Presiding Judge or the Town manager) shall either affirm or reject
the determination of the hearing officer. The decision of the appointing authority shall be final and
binding upon both the employee and the Town, and therefore, not appealable to any office or body of
the Town or to any other forum, administrative or judicial.
1978111.1 121
TOWN OF FOUNTAIN HILLS
RECORD OF COUNSELING/DISCIPLINARY ACTION FORM
Employee Name: _______________________________________________________________
PART I: ALLEGED OFFENSE
State unsatisfactory incident, performance, or violation committed and specific rule violated.
Personnel Rules and Regulations, Section __________. If used for counseling interview or oral
reprimand, state what was discussed and agreed upon, if appropriate; no employee response required.
PART II: EMPLOYEE RESPONSE
___________________________________________ ________________________________
Employee’s Signature Date
1978111.1 122
PART III: TYPE OF ACTION RECOMMENDED
[ ] No Action [ ] Disciplinary Suspension ______________Hours
[ ] Oral Reprimand [ ] Disciplinary Pay Reduction
[ ] Written Reprimand [ ] Involuntary Demotion
[ ] Administrative Leave [ ] Dismissal – Written Notice
STATEMENT OF FINAL ACTION: State what was determined from an investigation and indicate the
recommended resolution. Please note that it is necessary to complete the “Counseling/Disciplinary Action
Form.”
___________________________________________________ ______________________________
Employee’s Signature Date
I hereby certify that I understand my due process rights and that I have read this disciplinary
action form and acknowledge its receipt. I understand that my signature does not necessarily
indicate agreement.
_______________________________________________ ____________________________
Employee’s Signature Date
1978111.1 123
TOWN OF FOUNTAIN HILLS
COUNSELING/DISCIPLINARY ACTION FORM
Employee Name (Please Print): ___________________________________________
Title: ___________________________Department/Division: _____________________
Supervisor’s Signature: ______________________________Date:________________
Department Head’s Signature:________________________ Date:________________
Town Manager’s Signature (if required):______________________ Date:___________
Personnel Rules and Regulations Violated (Section/Item____):
Oral Reprimand - The non-written notification to an employee of job performance deficiency or
misconduct and notification of the Town’s level of expectations. Supervisor should document the
date and nature of the reprimand on the “Record of Counseling/Disciplinary Action” form.
Date of Oral Reprimand: __________________________________
Written Reprimand - The official notification to an employee that there is cause for dissatisfaction
with the employee’s job performance or that there is misconduct.
Date of Written Reprimand: _______________________________
Administrative Leave - The non-disciplinary suspension of an employee with pay to permit an
investigation into matters concerning possible disciplinary action. Must be approved by Town
Manager.
Duration: From: To: Total Hours:___________________
Disciplinary Suspension of 40 hours or less - The temporary separation of an employee from Town
service without compensation. Must be approved by the Town Manager.
Exempt employees may not be suspended without pay for disciplinary sanctions for a period of
time less than one or more full days per the Fair Labor Standards Act.
Duration: From: To: Total Hours:___________________
Disciplinary Suspension of Greater Than 40 Hours - The temporary separation of an employee
from Town service without compensation must be approved by the Town Manager
.
Duration: From: To: Total Hours:___________________
1978111.1 124
Disciplinary Pay Reduction - The reduction of an employee’s salary will be at the discretion of the
Town. The reduction may be permanent or temporary and must be approved by the Town Manager.
This disciplinary action does not apply to exempt employees per the Fair Labor Standards Act.
Temporary Pay Reduction: From: To:
Old Hourly Rate: $ New Hourly Rate: $
Permanent Pay Reduction: Effective Date:
Old Hourly Rate: $ New Hourly Rate: $
Involuntary Demotion - The movement of an employee from one class to another class at a lower
rate of pay. The demotion may be permanent or temporary and must be approved by the Town
Manager.
Old Classification: New Classification:
Old Range: New Range:
Old Hourly Rate of Pay:$ New Hourly Rate of Pay: $
Effective Date:
Dismissal - The discharge for cause of an employee from Town service. Must be approved by the
Town Manager.
Effective Date: ________________________________
Employees may appeal disciplinary action through the grievance procedure. An employee serving an
initial introductory period or in an uncovered position, may not appeal.
I hereby certify that I understand my grievance rights and that I have read this disciplinary action
form and acknowledge its receipt. I understand that my signature does not necessarily indicate
agreement.
_________________________________________ __________________________________
Employee’s Signature Date
COPY: Employee Department Head Human Resources
(Copies of all disciplinary actions must be forwarded to the Human Resources Office)
1978111.1 125
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SEPARATION FROM SERVICE
POLICY: SEPARATION FROM EMPLOYMENT
POLICY NO: 1301
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a process the Town will follow for all terminations of employment, whether
voluntary or involuntary.
STATEMENT OF POLICY: All employees leaving the Town's employ, whether voluntarily or
involuntarily, shall be required to make proper disposition and accounting for all funds and property (s)he was
responsible for and to repay any amounts owed to the Town before final payment will be made to the
employee.
All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be afforded an
opportunity to participate in an exit interview. However, participation is entirely voluntary on the part of the
terminating employee.
SCOPE: All employees.
PROCEDURE:
1. Voluntary Resignation
a. If termination is the result of a voluntary resignation, the employee is to document their intent to
resign their position by submitting a letter of resignation to their supervisor bearing the current date,
the last day of work, and the employee’s signature. A “Voluntary Resignation and Retirement
Notice” (See Exhibit 1301-A) may be used for notification purposes.
b. Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for
Department Heads, could result in separation with prejudice and denial of rehire. Waiver of required
notice may be granted by the Town Manager (in writing).
c. The effective date of termination is the last day the employee actually works. Exception: The effective
date of termination due to expiration of a leave of absence is the last day of the approved leave.
d. Group benefits such as medical, dental and life insurance terminate on the last day of the month in
which termination occurs. Deductions will be taken, as needed (e.g., pro-rating insurance). Contact
Human Resources for further detail.
e. Pay in lieu of notice for up to two (2) weeks of regular pay may be awarded to full-time regular
employees who have completed their Introductory Period. Such payment may be made whether the
termination is voluntary or involuntary and is at the discretion of the Town Manager, depending on the
circumstances of the termination. Approval for pay in lieu of notice rests with the Town Manager.
f. All documentation is to be promptly forwarded to Human Resources.
1978111.1 126
g. Arizona law requires final payment to voluntarily terminated employees to take place no later than
their next regularly scheduled pay date.
2. Involuntary Termination
a. An employee, regardless of employment status, may be terminated by the Town Manager at any time
during their initial Introductory Period.
b. Introductory, seasonal, and temporary employees are not covered under the Right of Appeal process.
c. The Due Process in Policy 1201 will apply.
d. Group benefits such as medical, dental, and life insurance, terminate on the last day of the month in
which termination occurs. Deductions will be taken, as needed (e.g., pro-rating insurance). Contact
Human Resources for further detail.
e. Arizona law requires final payment to involuntarily terminated employees to take place on the earlier
of the next regular payday or within seven (7) working days.
3. Notice
An Employee is encouraged to communicate to the employer whenever the employee believes working
conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-
1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the
employer in writing that a working condition exists that the employee believes is intolerable, that will compel
the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right
to bring a claim against the employer alleging that the working condition forced the employee to resign.
Under the law, an employee may be required to wait for fifteen calendar days after providing written notice
before the employee may resign if the employee desires to preserve the right to bring a constructive discharge
claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen
calendar days while waiting for the employer to respond to the employee's written communication about the
employee's working condition.
1978111.1 127
EXHIBIT 1301-A
VOLUNTARY RESIGNATION and
RETIREMENT NOTICE
Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for
Department Heads, could result in separation with prejudice and denial of rehire.
VOLUNTARY RESIGNATION
I, __________________________, voluntarily resign my position of ______________________
Print Name Job Title
with the Town of Fountain Hills. My last day of work will be: ___________________________
Last day worked is termination date
Reason for resignation: (Check one)
To accept another job To attend school To stay at home
Moving out of area Dissatisfied with job Other (explain)
RETIREMENT RESIGNATION
I, _____________________________________, submit notice of retirement from my position of
Print Name
_______________________________________with the Town of Fountain Hills. My last day of
Job Title
work/retirement will be: ________________________________________
Last day worked is termination date
Arizona State Law requires final payment of voluntary resignations no later than the next regularly
scheduled pay date.
My mailing address with the Town of Fountain Hills is current: Yes No
If no, please provide current or forwarding mailing address:
__________________________________________________________________________________
Mailing Address City State Zip
__________________________________________ _____________________________________
Employee’s Signature Date
Resignation Accepted _____________________________ ________________________________
Supervisor’s Signature Date
1978111.1 128
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SEPARATION FROM SERVICE
POLICY: REFERENCES
POLICY NO: 1302
EFFECTIVE: October 7, 2004
REVISED:
All inquiries regarding employees who are currently employed or who have been previously employed by the
Town of Fountain Hills are to be referred to Human Resources. Supervisors and/or coworkers should refrain
from writing letters of reference. All requests for letters of reference are to be referred to Human Resources.
When Human Resources receives inquiries regarding previously employed employees, they will refer to the
signed Employee Authorization to Release Reference Information Form in the employee’s personnel file and
release only the information authorized. When Human Resources receives inquiries regarding currently
employed employees, they will only provide information limited to dates of employment and job title.
The only exception to the above statement is that Human Resources may release salary information to credit
institutions when the request for salary information is made in writing and the employee authorizes release of
the information.
1978111.1 129
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: SEPARATION FROM SERVICE
POLICY: REDUCTION IN WORKFORCE
POLICY NO: 1303
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To establish a systematic process which the Town will follow in the event the Town Manager
deems it necessary to reduce positions due to lack of work, funds, or other budgetary limitations, and ensure
business operations remain sound and employees are treated objectively.
STATEMENT OF POLICY: A Reduction in Workforce (RIWF) is an extremely difficult business decision
for an organization. It is the Town of Fountain Hills’ intent to treat all impacted employees with dignity and
respect, and to assist employees through the RIWF process. The Town Manager, with input from Department
Heads, shall determine the number and classifications of employees to be laid off. In addition, the Town
Manager and the Human Resources Administrator shall determine the specific procedures to be followed and
the benefits that may be offered to affected employees.
Employees affected by a Reduction in Workforce shall have the opportunity to continue their medical, dental,
and vision insurance coverage (if applicable) in accordance with the Consolidated Omnibus Budget
Reconciliation Act (COBRA) health benefit provisions.
SCOPE: All employees.
PROCEDURE: In selecting the employee who will remain with the organization, only job-related criteria
will be used. The criteria used will be determined based on the reason for the reduction in force and the
determination of the department’s needs. Job related criteria may include, but are not limited to, the
employee’s current performance (as noted by the most current performance review), competencies, skills,
responsibilities, experience, leadership, education and training, personal commitment, and salary. Seniority
will be used only in the case of a tie.
Severance
Full-time employees who are laid off may be provided a severance package as determined by the Town
Manager.
Grievance Rights
Grieving a Reduction in Workforce action is specifically excluded from the grievance procedure.
1978111.1 130
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES
POLICY: PROBLEM SOLVING
POLICY NO: 1401
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE: To effectively and professionally address work-related issues or concerns.
STATEMENT OF POLICY: The Town will treat all employees fairly, with respect, and as members of the
team. This includes you, your fellow workers, supervisors, management, elected officials, Board and
Commission members, our customers, and the Fountain Hills community. In order for this to happen, the
following procedure needs to be followed.
DISCUSSION: This policy establishes the policies and procedures for the administration of the Town’s
Problem Solving process. This process does not replace the Grievance procedures in Policy 1402 or any other
complaint or reporting procedures established in policy. Rather, this process has been established to advise
employees of the proper avenues to use in communicating work-related issues or concerns. Examples of
issues or concerns include, but are not limited to, any issues that impact an employee’s work unit or impact an
employee’s ability to do their job.
Employees need to remember that they may not take work-related employment issues and concerns to the
Mayor and Town Council. Taking employment issues and concerns to the Mayor and Town Council disrupts
chain-of-command of employees under the jurisdiction of the Town Manager (Ord. 230-97); and any such
issues or concerns will be referred back to staff. This process does not prohibit staff from discussing Town
projects and/or business with Council that would normally be brought to their attention.
Town of Fountain Hills employees who have work-related issues or concerns should address them within a
timely manner. Matters raised within five working days will be considered timely. Employees are to use the
following process to resolve such matters. For matters involving harassment, discrimination, or legal
violations, Policy 210 is to be followed.
PROCEDURE:
1. Employees are to go to their first-line supervisor in a timely manner with any work-related issue or
concern unless it involves harassment or discrimination, in which case they should follow the procedures
set forth in Policy 210. For legal violations involving their supervisor, employees should go to their
supervisor’s superior, the Human Resources Administrator, or the Town Manager. Employees may have
a regular employee of the Town as a silent witness at meetings in which work issues or concerns are
discussed.
2. If the work-related issue or concern has not been resolved at the first-line supervisor level within five
working days after the meeting in step 1 (above), employees should go to the next higher level of
management. Both the employee and supervisor should document the reasons as to why the concern or
issue was not resolved at the first-line level.
3. Only after employees have worked their way through their respective Department Head should they take
their work-related issue or concern to the Human Resources Administrator or Town Manager.
1978111.1 131
4. Employees are required to exhaust all internal avenues before taking their work-related issue or concern
outside this procedure.
5. The Mayor and Town Council, as well as those outside of the organization, are not in an employee’s
chain-of-command and therefore are not in a position to address work-related issues or concerns.
There will be times in every employee’s career when decisions are made that everyone does not agree with.
That is natural; however, everyone is nevertheless still expected to abide by legitimate decisions.
Failure to follow this process will have a negative effect on Town organization and will therefore be
considered a violation of the Town's Personnel Rules.
No employee will be subject to any form of retaliation or discipline for using this process. Any employee
found guilty of retaliation will be disciplined.
1978111.1 132
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES
POLICY: Grievances
POLICY NO: 1402
EFFECTIVE: October 7, 2004
REVISED: July 1, 2013
PURPOSE:
1. To promote improved employer-employee relations by establishing grievance procedures on matters for
which appeal or hearing is not provided by other regulations.
2. To afford employees a systematic means of obtaining further consideration of problems after every
reasonable effort has failed to resolve them through discussion.
3. To provide that grievances shall be settled at the lowest possible level.
4. To provide that appeals shall be conducted informally.
STATEMENT OF POLICY: The Town of Fountain Hills, in keeping with its policy of maintaining
satisfactory working conditions, will provide a means to insure fair handling of employee complaints and
grievances. Any employee whose state of mind is so affected by a grievance that he/she will not endeavor to,
or cannot do the proper thing in the course of performing their regular duties, should immediately pursue the
prescribed procedures for grievances.
SCOPE: Covered employees defined in Policy 1403 shall have the right to file a grievance under this rule
regarding a decision affecting his/her employment over which his/her immediate supervisor has partial or
complete jurisdiction, with the exception of suspensions, demotions, or dismissals, which shall be appealed
directly to the Town Manager.
A. This procedure may be used to review the following types of problems, which are intended as examples
and not strict limitations:
1. Work Hours
2. Assigned Duties
3. Working Conditions
4. Application of Town policies, as they relate to the employee (e.g. discipline)
B. This procedure shall not be used for problems concerning:
1. Due Process related to involuntary termination
2. Compensation
3. Classification
4. Matters covered by state or federal law
5. Performance evaluation
1978111.1 133
PROCEDURE:
A. Informal Grievance Procedure
1. An employee who has a problem or complaint should first try to get it settled through discussion with
his/her immediate supervisor without undue delay.
2. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved,
he/she will have the right to discuss it with his/her supervisor’s immediate department director. If the
employee’s supervisor does not have a department director, the employee shall discuss the matter with
Human Resources. In some circumstances, Human Resources will determine that the matter should be
referred to the Town Manager, or his designee, at this stage.
3. Every effort should be made to find an acceptable solution by informal means at the lowest level of
supervision. If an employee fails to follow this informal procedure, the grievance will be denied and
he/she will not be permitted to proceed to the formal grievance procedure outlined below.
B. Formal Grievance Procedure
Levels of review through the chain of command are listed below:
1. If the employee has properly followed the informal grievance procedure and the matter is not resolved,
the employee is eligible to elevate the grievance to this level. Initially, the employee must reduce the
grievance to writing citing the article and section of the personnel policies and procedures alleged to
have been violated, the date of the violation that forms the basis for the grievance, the nature of the
grievance and the relief requested.
2. The written grievance will be presented to the employee’s immediate supervisor, within twenty (20)
calendar days of the occurrence, and no later than ten (10) calendar days after the informal grievance
procedure has been fully exhausted. The supervisor will render his/her decision and comments in
writing and return them to the employee within fifteen (15) calendar days after receiving the
grievance.
3. If the employee does not agree with his/her supervisor’s decision, or if no answer has been received
within fifteen (15) calendar days, and the employee wishes to continue in the process, the employee
may present the grievance in writing to his/her supervisor’s immediate department director, or in the
absence of a department director, to Human Resources.
4. Failure of the employee to take further action within five (5) calendar days after receipt of the written
decision of his/her supervisor or within a total of twenty (20) calendar days if no decision is rendered,
will constitute a withdrawal of the grievance.
Further Level(s) of Review as Appropriate
1. The second level supervisor receiving the grievance will review it, render his/her decision, and
comments in writing, and return them to the employee within fifteen (15) calendar days after receiving
the grievance.
2. If the employee does not agree with the decision, or if no answer has been received within fifteen (15)
calendar days, and the employee wishes to continue in the process, he/she may present the grievance
in writing to the Town Manager – through the Human Resources Administrator.
1978111.1 134
3. Failure of the employee to take further action within five (5) calendar days after receipt of the
decision, or within a total of twenty (20) calendar days of referral to his/her second level supervisor if
no decision is rendered, will constitute a withdrawal of the grievance.
Town Manager – Final Step
1. Upon receiving the grievance, the Town Manager or his/her designated representative should discuss
the grievance with the employee and with other appropriate persons.
2. The Town Manager or designee may designate an external fact-finding committee to advise him/her
concerning the grievance.
3. He/she will render a final decision. The Town Manager’s decision may not be appealed.
1978111.1 135
TOWN OF FOUNTAIN HILLS EMPLOYEE GRIEVANCE FORM
Step 1: In accordance with Town of Fountain Hills Personnel Policy 1402, the employee is
responsible for instituting the first step of the grievance procedure without undue
delay after becoming aware of, or being reasonably expected to be aware of, a
violation of the Town of Fountain Hills’ Personnel Rules and Regulations. The
employee and the supervisor should make a good faith effort to informally resolve the
grievance at Step 1 of the grievance process.
Step 2: I have informally discussed this situation with the appropriate supervisory staff, but
have been unable to reach an acceptable resolution. I therefore submit a formal
grievance to my immediate supervisor in accordance with Town of Fountain Hills
Personnel Policy 1402.
Grievant’s Name: Job Title:
Submitted to: At Step II Date:
HISTORY AND FACTS OF GRIEVANCE: Provide as much specific information as possible,
including all pertinent names, dates and places. Indicate specifically which section of the Personnel
Rules and Regulations you believe was violated. Attach additional sheets and supporting
documentation if necessary.
REMEDY SOUGHT: State specifically what action(s) you are requesting to resolve your
complaint.
Grievant’s Signature: ___________________________________ Date: __________________
1978111.1 136
Step II – Supervisor’s Response: Grievance response must be returned to the aggrieved employee
within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if necessary.
Step II – Supervisor’s Signature _________________________________ Date: _____________
GRIEVANT’S ANSWER TO STEP II RESPONSE:
I accept resolution at Step II: Yes No
Submitted to: At Step III Date:
If answer is no, grievance must be submitted to Step III within five (5) calendar days of receipt of
Step II response. Give specific reasons why the Step II response is unsatisfactory, and what further
action(s) you are requesting to resolve your complaint.
Grievant’s Signature: ______________________________________Date: _________________
Step III – Department Head’s Response: Grievance response must be returned to the aggrieved
employee within fifteen (15) calendar days of receipt. Attach additional sheets and documentation if
necessary.
Step III – Department Head’s Signature: _______________________________Date: _________
1978111.1 137
GRIEVANT’S ANSWER TO STEP III RESPONSE:
I ACCEPT RESOLUTION AT Step III: Yes No
Submitted to: At final step Date:
If answer is no, grievant may submit the grievance within five (5) calendar days of receipt of Step III,
the grievance may be submitted to the Town Manager at the Final Step. Give specific reasons why
the Step III response is unsatisfactory, and what further action(s) you are requesting to resolve your
complaint.
GRIEVANT’S SIGNATURE: _______________________________ DATE: _______________
Final step – Town Manager’s Response: The Town Manager’s grievance response will be returned to
the aggrieved employee within a reasonable amount of time to fully review the complaint. The Town
Manager may respond using the grievance form OR by separate letter which will be attached to the
grievance form.
TOWN MANAGER’S FINAL DECISION: As per Town of Fountain Hills Personnel Policy 1402,
the decision of the Town Manager is final and is not subject to appeal.
TOWN MANAGER’S SIGNATURE: _________________________________ DATE: ______
1978111.1 138
Town of Fountain Hills
Personnel Policies and Procedures
SECTION: PROBLEM SOLVING AND GRIEVANCE PROCEDURES
POLICY: COVERED/UNCOVERED POSITIONS
POLICY NO: 1403
EFFECTIVE: July 1, 2013
REVISED:
PURPOSE: To distinguish covered and uncovered positions with respect to the Town’s merit system
in accordance with Town Code § 3-2-1
STATEMENT OF POLICY: The merit system regulating the conditions of employment and
removal of employees of the Town (including grievance procedures established in Policy 1402) shall
not apply to:
• elected officials;
• officers subject to appointment and removal by the council;
• consultants hired on a contract basis;
• contract employees;
• part-time employees whose regular work week is nineteen hours or less;
• non-permanent employees;
• volunteer workers who receive no regular compensation from the Town; and
• members of boards, committees and commissions established by the Council.
Vicinity Map
Concept Plan
Landscaping Plan
•Re-Zoning from C-1 to C-3
•Special Use Permit for Light Manufacturing /Assembly
Planning & Zoning Commission recommends:
•APPROVE the Re-Zoning
•APPROVE the S.U.P.
Staff recommends:
1.APPROVE the Re-Zoning
2.APPROVE the S.U.P.
All subject to the stipulations outlined in the staff report and as presented this evening.
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268,
www.prevco.com noleaks@prevco.com
ALL DATA AND INFORMATION CONTAINED OR DISCLOSED BY THIS DOCUMENT IS CONFIDENTIAL AND PROPRIETARY INFORMATION OF PREVCO Subsea, LLC AND ALL RIGHTS THEREIN ARE
EXPRESSLY RESERVED. BY ACCEPTING THIS MATERIAL THE RECIPIENT AGREES THAT THE MATERIAL AND THE INFORMATION THEREIN IS HELD IN COFIDENCE AND IN TRUST AND WILL NOT
BE USED, COPIED, REPRODUCED IN WHOLE OR IN PART, NOR ITS CONTENTS REVEALED IN ANY MANNER TO OTHERS, EXCEPT TO MEET THE SPECIFIC PURPOSE FOR WHICH IT WAS DELIVERED.
PREVCO Subsea Housings Overview
PREVCO Overview
Who We Are
What We’ve Done
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
PREVCO Subsea Housings
Founded in Fountain Hills in 1999
Located on Technology Drive
Current Building is Owned 5,000 sq ft
9 Employees
(Most are Fountain Hills Residents)
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
Global Customer Base
Industries Supported
Subsea Defense
Aerospace
Oceanographic
Scientific
Deep Offshore Oil Exploration
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
PREVCO LOCATIONS
PREVCO USA
Fountain Hills, AZ
PREVCO EUROPE
Royal Tunbridge Wells, UK
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
Main Product
Subsea Enclosures
Depths to >20,000 Ft. Underwater
Various Exotic Materials
Super Duplex Stainless Steel
Aluminum
Titanium
Ceramic
Plastic
Others
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
TSUNAMI PROJECT
NOAA National Data Buoy Center
Consultation on Global Tsunami
Sensor Enclosures
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
DEPTHX Prototype Space Vehicle
For Eventual Mission to
“Europa” (a Moon of Jupiter)
Tested in a Cenote in Mexico
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
Acoustic Range for 1/6th Scale Model
Submarine
NAVY
Lake Pond Oreille, ID
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
Virtual Periscope
Alternate to Raising a
Periscope
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
SUBSEA CAMERAS
Many applications
need High Speed
Video
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
Ruggedized Camera Enclosures
Antarctic
Observation
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
Ceramic for Subsea Enclosures
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
PREVCO Summary
Global Market
Growing Company
Using Local Talent
Lots of Possibilities
Confidential and Proprietary Information Statement on the Cover Page of this Document Applies
PREVCO Subsea LLC 9521 N. Technology Drive, Fountain Hills, AZ 85268, www.prevco.com noleaks@prevco.com
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2014 Proposed Resolutions
To be reviewed
by the Resolutions Committee
on August 27, 2013
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
1
Resolution #1
Urges the Governor and the State Legislature to develop and pass legislation that amends
A.R.S. § 9-471 to simplify the annexation process. Specifically, the amendment would do the
following: define “real and personal property” to include only personal property owned by the
underlying property owner, require cities and towns that do not levy a primary property tax to
only obtain signatures from more than half of all property owners in an annexation area, and
retain all other annexation procedures and requirements in A.R.S. § 9-471.
Submitted by: Town of Oro Valley, City of Bullhead City, Town of Marana
************
A. Purpose and Effect of Resolution
Excessive signature requirements deter annexation. Cities and towns are required to obtain
signatures from utility companies and other entities that do not own real property in the proposed
annexation area. Cities and towns are also required to meet an assessed valuation threshold; but
when they do not levy a property tax, the value of the property is irrelevant.
Property owners should make decisions affecting their community, and we fail to uphold this
basic principle when hundreds of thousands of unincorporated residents and businesses have no
voice in city and town government.
Property owners should receive services for taxes paid, and unincorporated area residents buy
goods and services in cities and towns but do not receive police protection and other basic urban
services.
Low-tax jurisdictions are driving economic growth. Many of the fastest-growing areas in the
state are cities and towns with no property tax.
Private property rights are important, and this legislation maintains the right of property owners
to determine the success or failure of a proposed annexation.
B. Relevance to Municipal Policy
Statutes regarding municipal annexation have become more complicated over time. The
proposed changes to A.R.S. § 9-471 simplify the annexation process, allowing cities and towns
to provide important urban services within their boundaries, including police protection and
enforcement, potable water treatment and delivery, roadway design, construction and
maintenance, and parks. Annexation also creates a greater constituency for local elected officials,
fostering civic engagement in the democratic process and a sense of shared responsibility for our
communities. Residents living in unincorporated areas are affected by decisions made by cities
and towns, yet they have no voice in the governing process.
2
C. Fiscal Impact to Cities and Towns
Reducing the unincorporated population is a key strategy for cities and counties to maintain
fiscal stability. Annexation allows cities and towns a way to expand their retail sales tax base,
providing greater fiscal stability. This increased governance capacity ensures that cities and
towns are able to provide adequate services to all Arizona citizens.
D. Fiscal Impact to the State
None is anticipated.
E. Contact Information
Name: Kevin J. Burke Title: Assistant to the Town Manager
Phone: 520-260-1346 Email: kburke@orovalleyaz.gov
3
Resolution #2
Urges the Governor and the State Legislature to develop and pass legislation that allows
greater flexibility in annexing county islands.
Submitted by: City of Yuma, Town of Wickenburg
************
A. Purpose and Effect of Resolution
In prior years, cities have created county islands by annexing around the areas that did not meet
the minimum signature requirements to become part of a city. The result is that there are pockets
of non-incorporated areas dotted throughout cities. The unintended consequence of this action is
that these county islands do not receive the same level of public services as property as close as
next door. This disparity includes infrastructure such as streets and sidewalks, water and sewer
services, public safety services such as police and fire protection, housing assistance, or refuse
collection and disposal services that are provided to their neighbors. County-provided services
serve the needs of largely rural areas and do not generally meet the needs of these urban areas.
It is time to allow a city or town more flexibility to extend urban services to these islands. This
can be accomplished in many ways: by allowing cities to annex county islands with the approval
either of 50 percent plus one of all property owners or of the owners of 50 percent plus one of
the total value to be annexed; by requiring property owners to sign a petition to opt out of a
county island annexation rather than to opt in (to address those areas with a high number of out-
of-town owners); by allowing a city to shrink an island annexation area once the process has
started if there is not enough interest to proceed with the entire area; by removing the tie to
assessed valuation in the process; by allowing property owners with multiple properties within
an annexation area to have a vote for each property; by allowing a municipality to annex county
islands with no taxable value, such as government-owned land; or through any combination of
these methods. Each of these ideas would be discussed with legislators to determine which are
most viable.
B. Relevance to Municipal Policy
Consistent service delivery to a community’s residents ensures that all areas of a city or town are
appropriately managed. Counties, by design, are funded to provide a rural level of service. But
such a service level within the middle of an urban area can, and has, led to problems that carry
over into incorporated cities.
C. Fiscal Impact to Cities and Towns
If legislation moves forward that allows greater flexibility in annexing county islands, it would
be up to cities and towns themselves to determine when and if they annex these areas. Those
communities that choose to move forward will need to extend their services to newly annexed
areas. Those costs would be different for each community. But nothing in the legislation should
4
require a city or town to annex county islands if they feel they cannot provide services. It should
be noted that counties currently providing services to these islands would have reduced costs if
the islands were annexed.
D. Fiscal Impact to the State
There is no fiscal impact to the state when it comes to which local government provides local
services. Minor adjustments in state-shared revenues would be made based on population
changes, but it would be a reshuffling of the total allocation, not an increase in state revenues to
local government. Eliminating barriers to annexation would also encourage economic
development, which would ultimately result in increased revenue to the state.
E. Contact Information
Name: Connie S. Scoggins Title: Assistant City Attorney
Phone: 928 373-5055 Email: Connie.Scoggins@Yumaaz.gov
5
Resolution #3
Resolves that the Arizona State Legislature should amend Title 48 to prohibit fire districts
from annexing areas inside a municipal planning area in counties of more than 500,000
persons without the consent of the municipality unless the municipality does not operate a
municipal fire department.
Submitted by: City of Peoria, City of Surprise
************
A. Purpose and Effect of Resolution
Fire district annexations in municipal planning areas that occur without the consent of the
municipality result in duplicity of services and facilities. Cities and towns engage in long-term
capital planning to serve their entire planning area and are required to do so by state law. Fire
districts may seek to annex such areas without regard for the city or town’s plan, solely to obtain
revenue. Taxpayers are left paying for facilities they may not need.
B. Relevance to Municipal Policy
This is a problem in rapidly growing cities, primarily in those located in the urban areas of the
state. When fire districts annex without regard to municipal plans, a city or town and its residents
occur additional costs. The proposed legislation treats these annexations as other
intergovernmental annexations, which require that governments consult and agree.
C. Fiscal Impact to Cities and Towns
This change would reduce wasteful spending caused by duplicative facilities.
D. Fiscal Impact to the State
None is anticipated.
E. Contact Information
Name: John Schell Title: Director, Intergovernmental & Council Affairs
Phone: (623) 695-0573 Email: john.schell@peoriaaz.gov
6
Resolution #4
Requests and encourages the Arizona State Legislature to establish a mechanism enabling
local government to establish renewable energy and conservation financing districts. In
addition, encourages the Arizona State Legislature to identify and define energy efficiency,
renewable energy and water conservation as a public benefit that enhances the public good
and promotes the health, safety, prosperity, security and general welfare of the community.
Submitted by: City of Flagstaff, City of Tucson, Town of Payson
************
A. Purpose and Effect of Resolution
Renewable energy and conservation financing district authority would enable local government
to create a financing mechanism to provide upfront funds to commercial property owners for
energy efficiency, renewable energy and water conservation improvements. Property owners can
opt in to finance energy efficiency improvements, renewable energy installation and water
conservation improvements on their property and repay financing through a property assessment.
Energy efficiency, renewable energy and water conservation create an opportunity to utilize our
nation’s resources wisely and secure reliable, clean and safe energy. In the current economic
climate, the upfront financial commitment necessary to implement energy efficiency, renewable
energy and water conservation improvements is often a barrier for property owners. A voluntary
renewable energy and conservation financing district can remove these barriers.
In Arizona, energy efficiency, water conservation and renewable energy financing programs
have significant potential to stimulate the state’s economy, create jobs and transition residents to
sustainable energy use and production. Such programs can deliver benefits beyond energy
independence, including new sources of workforce stabilization and development, increased
value and comfort of buildings, protection from increasing energy costs, and enhanced
community awareness.
Energy efficiency, water conservation and renewable energy financing programs have been
developed in numerous communities across the nation. At least 30 states have passed enabling
legislation that allows local government to establish property assessed energy efficiency, water
conservation and renewable energy financing districts; defines energy efficiency, water
conservation and renewable energy as a public benefit; and grants the authority to issue bonds.
The federal government currently encourages the installation and use of renewable energy
through a series of federal tax incentives and credits. Arizona also has several tax incentive-
based programs to encourage the production of renewable energy. These incentives collectively
make renewable energy projects more affordable after installation but do little to address the
upfront financial commitment.
Improving the energy efficiency of existing structures and deploying renewable energy
installations supports adopted Arizona House Bill 2638 (2007), which requires towns, cities and
counties with a population greater than 150,000 to adopt an energy element in their planning
7
policies that will encourage and provide incentives for the efficient use of energy and requires
that community general plans contain an assessment identifying policies and practices that will
provide for greater use of renewable energy sources.
This resolution also supports the efforts of Arizona regulated utilities to meet the Arizona
Corporation Commission’s Renewable Energy Standard, which requires that 15 percent of their
energy generation come from renewable resources by 2025.
B. Relevance to Municipal Policy
This resolution would support municipalities that choose to promote energy efficiency,
renewable energy and water conservation practices within their communities. Many Arizona
communities are working to improve the efficiency of existing building stock in the residential
and commercial sectors to promote sustainability and help protect community members from
rising energy costs.
C. Fiscal Impact to Cities and Towns
Renewable energy and conservation financing district authority would allow local governments
to proactively provide a mechanism for property owners to decrease their fossil fuel use and
increase energy cost savings. Energy efficiency, renewable energy and water conservation
financing programs can remove upfront financial barriers for property owners who would like to
develop energy efficiency, renewable energy and water conservation projects. With enabling
legislation, local governments could voluntarily elect to establish an energy efficiency,
renewable energy and water conservation financing program, and participation in the program
would be completely voluntary for interested property owners. There would be no fiscal impact
on the city or town.
D. Fiscal Impact to the State
There are no fiscal impacts to the state. Energy district authority would allow for opt-in energy
efficiency and renewable energy financing programs at the fiscal responsibility of the property
owner.
E. Contact Information
Name: Nicole Woodman Title: Sustainability Manager
Phone: 928-213-2149 Email: nwoodman@flagstaffaz.gov
Name: Jerene Watson Title: Deputy City Manager
Phone: 928-213-2073 Email: jerenewatson@flagstaffaz.gov
8
Resolution #5
Promotes state legislation that grants legislative authority to cities and towns to freeze property
tax levels on commercial and industrial zoned parcels that support speculative development at
pre-improvement levels until such time as the developed property is in use.
Submitted by: City of Bullhead City, City of Lake Havasu City, City of Kingman
************
A. Purpose and Effect of Resolution
Many Arizona communities lack standing inventory of ready-to-occupy commercial buildings
that businesses looking to relocate to the state are seeking. This legislation would incentivize
speculative commercial building by removing the property-tax-related financial pressure of
investing in a commercial parcel that may stand vacant for an unpredictable period of time.
B. Relevance to Municipal Policy
Having the ability to freeze all ad-valorem taxes on commercial and industrial properties that
support speculative construction allows municipalities to increase the inventory of ready-to-
occupy structures that many businesses looking to locate to Arizona are asking for. By relieving
a portion of the tax-related financial stress associated with speculative building, communities
will increase the offering of available structures for immediate commercial use, and the
communities, builders and the state will enjoy the economic benefits of the added construction
and related jobs, as well as the long-term economic benefits related to the business enterprises it
will attract.
C. Fiscal Impact to Cities and Towns
There is no fiscal impact to cities and towns that do not choose to exercise this provision. Those
that are successful in inducing speculative commercial construction by offering this provision
will experience positive fiscal results from the construction. Those communities will also be
better positioned to attract a business that is looking to relocate but not ready or willing to build.
Freezing the ad-valorem property taxes on the developed property until such time as it goes into
use does not reduce tax collections by cities, towns, schools and special taxing districts. The
provision simply defers the higher taxes that would otherwise be based on the increased value of
the property until such time as the property is placed into productive use.
D. Fiscal Impact to the State
The state will benefit from the construction-related tax revenues and the subsequent commercial
or industrial enterprise that is later generated by the availability of real inventory. There are no
fiscal impacts to the state related to the deferral of ad-valorem property taxes because such taxes
are only assessed at the local level.
9
E. Contact Information
Name: Charlie Cassens Title: City Manager, Lake Havasu City
Phone: 928-453-4141 Email: cassensc@lhcaz.gov
10
Resolution #6
Amends statute to authorize street light improvement districts (SLIDs) to levy and expend
money to repair, maintain and replace lighting facilities. Changes in statute should also allow
a municipality the option to accept the infrastructure and maintenance responsibilities of
county-operated SLIDs that are located within the municipality’s corporate boundaries and
authorize the municipality to assume jurisdiction over fully annexed county street light
improvement districts.
Submitted by: City of Scottsdale, Town of Buckeye
************
A. Purpose and Effect of Resolution
A street light improvement district (SLID) is a special taxing district created by the legislature in
1971 as a mechanism for residents to integrate street lights and pay the energy costs of street
lights in their neighborhoods (§48-960).
Operation and Maintenance – Under current state law, SLIDs are only authorized to levy for
payment of street light energy costs — operation and maintenance costs are not included. As a
result, SLID operation and maintenance costs are paid by all municipal taxpayers — rather than
by those who directly benefit from the street light infrastructure in their districts. Legislation
should seek changes to current law to allow operation and maintenance costs to be included in
the levy in addition to energy costs. In addition, municipalities should be allowed to create
master repair and replacement funds for SLIDs.
Consolidation – The current process for a municipality to absorb a non-municipal SLID is a
piecemeal process that is costly and time consuming. Changes to statute will facilitate a simple
one-time process that will allow a municipality to consolidate all of the SLIDs that exist within
its corporate boundaries. These provisions would apply statewide — allowing other cities and
towns to facilitate consolidation if they so choose.
B. Relevance to Municipal Policy
SLIDs are prevalent across the state. A uniform process that allows cities and towns to recoup
maintenance costs for maintaining these districts and allow for the consolidation of the districts
will provide long-term financial benefits and better cost forecasting to municipalities.
C. Fiscal Impact to Cities and Towns
Cities and towns that currently provide maintenance of SLID streetlight infrastructure (rather
than the utility) would realize general fund savings as reimbursement of those maintenance costs
become available.
11
D. Fiscal Impact to the State
There would be no fiscal impact to the state.
E. Contact Information
Name: Brad Lundahl Title: Government Relations Director
Phone: 480-312-2683 Email: blundahl@scottsdaleaz.
12
Resolution #7
Requests that A.R.S. 34-603 which deals with alternative project delivery methods (APDM),
allow the use of “the final list in the procurement” until a contract for construction is entered
into. Requests that the agent be allowed to pursue negotiations for pre-construction services
with other persons on the list, provided that the agent does not recommence negotiations or
enter into a contract for the construction or professional services covered by the final list with
any person or firm on the final list with whom the agent has terminated negotiations.
Submitted by: City of Sedona, City of Cottonwood, City of Flagstaff, City of Kingman, Town
of Camp Verde, Town of Jerome
************
A. Purpose and Effect of Resolution
In 2010, section 34-603, subsection C, paragraph 1, subdivision (e), was added to A.R.S.
regarding procurement of construction services using non-bid methods, or alternative project
delivery methods (APDM). This addition required agents to either restart the alternative
procurement process or bid construction projects in the event that a construction price could not
be negotiated. This resolution’s proposed change would allow the agent to utilize another person
or firm on the list in the event that a construction price could not be negotiated with the initially
selected party. The resolution prohibits reopening negotiations with a party if they have been
terminated. Only one party may be negotiated with at a time.
The current legislation prohibits an option that had been previously allowed due to silence of
prior legislation. The restriction imposed by the current legislation places the agent at the mercy
of a contractor late into the project development process when the construction price is being
negotiated. The contractor may insist on an unreasonably high negotiated price. In this case the
agent is forced to bid the project, restart the procurement process or accept the high price.
Bidding the project may not be desirable when project familiarity is important to an agent in
pursuing project construction (for instance business area improvement projects), and it may
result in loss of the ability to contain construction claims. Restarting the procurement procedure
may unreasonably delay the project. Accepting the high price is a disservice to the public.
In 2009, the city of Sedona was able to construct a project by using the second-ranked proposer
when it could not obtain a satisfactory price from the first ranked proposer. This allowed the
project to successfully continue to construction, using the benefits of the construction-manager-
at-risk approach. The first-ranked proposer’s price was well above the engineer’s estimated price
while the second was much more in line. The project was successfully completed with return of
some unneeded funds.
13
B. Relevance to Municipal Policy
APDM has benefits beyond costs; however, when the process allows a contractor to set
unreasonable prices that push an agent to reject the proposal, along with the benefits of
alternative procurement, the public is placed at an unfair disadvantage. Modifying the process to
give the agent the option to continue with the alternative project delivery method without
excessive loss of time or other disadvantages seems to keep in line with the allowance of APDM
in the first place. As a matter of public policy, it does not seem that qualification-based selection
processes should reduce incentives for fair pricing. The concern regarding bid-shopping is dealt
with by only allowing negotiations with one proposer at a time and by prohibiting reopening
closed negotiations.
C. Fiscal Impact to Cities and Towns
Cities would be more assured of securing realistic pricing from the initially selected proposer
while maintaining the benefits of using APDM on appropriate projects.
D. Fiscal Impact to the State
None is anticipated.
E. Contact Information
Name: Nicholas Gioello Title: Assistant to the City Manager
Phone: 928-203-5100 Email: ngioello@sedonaaz.gov
14
Resolution #8
Urges the Arizona State Legislature to amend A.R.S. § 39-121.01 to place reasonable limits on
the frequency of requests for public records and on requests that are overbroad or abusive.
Such limitations mainly include limiting the numbers of requests from individuals or groups
that tie up personnel and resources at a significant cost and which also result in citizens who
need information having to wait extended periods of time behind these abusive requestors.
Submitted by: City of Yuma, City of Apache Junction
************
A. Purpose and Effect of Resolution
This resolution seeks amendments to public records access laws to discourage frequent or
abusive requests while facilitating and maintaining timely and complete access to requests from
media and non-abusive citizens.1
Municipalities receive and process thousands of requests for public records each year. Most of
these requests are reasonable, coming from the media and persons who may or may not make
other requests but who seek specific and limited information. These requests in many cases are
taking a back burner to other “machine gun” requests that stack up, needlessly tying up staff and
resources and causing a delay in responding to other public records requests from media and
citizens. “Machine gun” requests and request “stacking” by individuals require significant and
disproportionate amounts of staff time to locate, review, redact and prepare voluminous amounts
of documents or materials from multiple departments for review and/or copying. In many cases
the public records are not even reviewed or picked up or are barely given a look through. These
requests basically create unnecessary work for local employees.
Some of these requests are overbroad, such as requests for “all documents, email, memoranda,
etc., pertaining to the city action …” These documents can cover many years, require production
of hundreds or thousands of documents, and involve research and review by several city
departments. Again, some of these are never looked at. As an example, Yuma has received 46
requests in 44 business days from a single individual, including 9 filed in one day, while 25
previously filled requests waited to be reviewed from the same individual.
Municipalities also receive and process numerous requests for public records from only a few
individuals. For example, in Yuma, one individual is responsible for the following statistics:
Year Number of requests
2008 114
2009 120
2010 85
2011 155
2012 81
2013 (through May 20) 562
1 Nothing in this resolution is intended to limit media access to public records.
15
We are requesting amendment of Title 39 to give municipalities authorization, in certain
instances, to place reasonable restrictions to the number or frequency of requests made by a
single individual and to limit certain requests such as those with a broad scope or that cover an
extensive time period to allow cities to both comply with the spirit and intent of public records
laws while discouraging “machine gun,” overbroad or abusive requests. This will maintain
access for all and maintain a proper access for those non-abusive requests. We believe a
reasonable restriction would be 5 requests per month and 20 per year. “Machine gun” requests
would be handled one or two at a time with a municipality not being required to fill additional
public records request from the same person until all previous requests from that individual have
been viewed or pick up. Additional requests beyond these numbers would still be filled;
however, the taxpayer would not have to continue bear costs of over-burdensome requests. If
requests from an individual exceed 5 per month or 20 per year, a municipality would be allowed
to recover full manpower time, costs and materials from the individual requestor.
B. Relevance to Municipal Policy
Transparency is an essential component of a responsive representative government. Cities and
towns endeavor at all times to be open, accessible and responsive to their citizens. Making
records available for inspection by the public and the media is important to maintaining
transparency and trust in government. Most citizens and the media are conscientious and
purposeful in their requests. However, requests by a few individuals which are overbroad or
abusive and require disproportionate amounts of city-wide staff time do not further the goal of
transparency and will hurt citizen access to and availability of public records.
C. Fiscal Impact to Cities and Towns
Cities will still respond to public records requests in the spirit of transparency and openness in
government. Allowing cities some relief from abusive public records requests or to identify
potentially abusive practices will free staff to perform other governmental functions.
D. Fiscal Impact to the State
There will be no fiscal impact to the state. However, an amendment could include public records
requests of the state, which will result in savings.
E. Contact Information
Name: Connie Scoggins Title: Assistant City Attorney
Phone: (928) 373-5055 Email: Connie.Scoggins@YumaAz.gov
2 This number represents total requests received year to date, 46 percent of the way through the current year.
16
Resolution #9
Amends A.R.S. Title 13 (Criminal Code) to include criminal damage by graffiti and ensure
that restitution for graffiti includes all costs of a victim associated with graffiti abatement.
Submitted by: City of Yuma, Town of Wickenburg, City of Apache Junction, City of Flagstaff
************
A. Purpose and Effect of Resolution
Graffiti is a continuing and fast-growing problem for cities and towns. The level of punishment
for individuals committing illegal acts of graffiti is a difficult and complex issue. Abatement of
graffiti and apprehension and prosecution of the perpetrator is costly to cities and towns, and
these costs are seldom, if ever, recovered. Arizona statutes allow prosecution of graffiti under the
criminal code as criminal damage. Because graffiti is such an immediate and growing problem
on both public and private property, it needs to be addressed in statutes setting forth stricter
penalties for graffiti.
Restitution ordered by the court for graffiti offenses should include the full amount of damages
to the victim. This means a victim, as a matter of law, would be entitled to the full, reasonable
reimbursement for the amount paid to a third-party contractor to abate graffiti damage to his or
her property, or, alternatively, if the victim abates the graffiti damage without retaining a third-
party contractor, the victim should be entitled to full, reasonable compensation for his or her time
spent abating the graffiti, for reimbursement of the costs of all materials used to abate the graffiti
and for vehicle mileage or vehicle rental fee for vehicles the victim used to abate the graffiti.
As it stands now, some courts have been reluctant to award the full amount of damages as
restitution when the victim is a private company, a municipality or other government agency that
uses its own employees and equipment to abate graffiti damage. Additionally, a community
service component could be added to the penalty, as done in New Mexico and California, which
would provide even greater disincentives, especially if the community service involved cleaning
up graffiti.
B. Relevance to Municipal Policy
The physical appearance of communities is a source of pride for Arizona cities and towns. It is
one of the factors that attract people to visit or relocate to an area. While graffiti was once
limited to older and deteriorating communities or facilities, it has become prevalent in all areas
of cities, regardless of age, appearance, use or value. Despite the penalties for selling instruments
of graffiti to minors enacted in the last few years, the number of incidents and the extent of
damages have continued to increase. Stiffer penalties are needed to deter the rising tide of this
vandalism.
17
C. Fiscal Impact to Cities and Towns
Graffiti abatement in fiscal year 2012-2013 has so far cost the city of Yuma $117,645, despite a
policy to aggressively pursue restitution from the courts. The costs to Yuma are high. Therefore,
it would follow that statewide costs may be in the millions of dollars. Increasing the penalties for
criminal damage may deter graffiti vandals and reduce the number of incidents and the extent of
damages, thereby reducing costs of abatement. Any additional revenue generated from the
stronger penalties could be directed to reduce the costs to cities and towns for abatement. Also, if
violators are required to perform community service, they would be able to witness the
consequences their actions have on the community.
D. Fiscal Impact to the State
Because graffiti may also occur on state-owned properties, abatement costs to the state could be
reduced.
E. Contact Information
Name: Connie Scoggins Title: Assistant City Attorney
Phone: (928) 373-5055 Email: Connie.Scoggins@YumaAz.gov
18
Resolution #10
Urges the Arizona State Legislature to support implementing a pilot program to restrict trucks
to the two right-most lanes when traveling on Arizona highways in urban areas with three or
more lanes in each direction.
Submitted by: City of Apache Junction, City of Douglas
************
A. Purpose and Effect of Resolution
The purpose of this resolution is to improve traffic mobility, improve safety and facilitate the
flow of goods on freeways in Arizona’s busy urban areas. An initial step is to implement a pilot
program to determine and compare the feasibility, impacts and effectiveness of restricting trucks
to operating only in certain lanes on highways in urban areas that have three or more lanes in
each direction, that have a moderate or high level of truck traffic, and that do not have left-hand
exits. The lane restrictions would apply to “trucks” as defined by Arizona state law. Trucks
would be restricted to the two right-most lanes, leaving one lane for truck-free operation;
however, the resolution would assure that trucks will always have access to at least two lanes.
Demand for trucking services continues to increase. According to statistics available from the
Bureau of Transportation Statistics (BTS), trucking accounts for an estimated 70 percent of the
total value, 60 percent of the weight, and 34 percent of the ton-miles of freight moved in the U.S
(BTS, 2006). In addition, between 1980 and 2020, truck travel is predicted to increase by over 90
percent while lane-miles of public roads will increase by only 5 percent (FHWA, 2006). This
increase will have significant negative influences on traffic congestion and safety. A truck lane
restriction strategy is used in many states nationwide as a way to address some of these impacts.
With regard to improving safety and mobility, here are several safety benefits of truck lane
restriction:
Positions largest vehicles out of the highest speed lanes.
Reduces the frequency of passenger vehicles being “boxed-in” by large trucks.
Reduces evasive truck maneuvers to the right, or into the trucker's “blind” side.
Provides additional spacing from life-saving median barrier systems.
Provides additional truck clearance from opposing direction traffic.
Improves visibility and clearance for disabled vehicles in or along median shoulders.
By improving traffic mobility, this change would also improve the flow of transporting goods
through the state and positively impact economic development. The freight industry has
welcomed lane restrictions in other states because passenger vehicles are able to stay in the fast
lanes, which gives more mobility for the trucks in the slower lanes. Trucks then reach their
destinations in a timelier manner.
19
B. Relevance to Municipal Policy
Arizona residents directly benefit from improved traffic operations and improved safety on
freeways in Arizona’s busy urban areas. In addition, by improving the flow of transporting goods
and services in Arizona, economic development of the state, cities and towns could also increase.
C. Fiscal Impact to Cities and Towns
As the state of Arizona is able to reap the positive economic effects of improved traffic flow,
which in turn improves the efficient movement of goods through the state, cities and towns will
be positively impacted as well.
D. Fiscal Impact to the State
Positive fiscal impact to the state: Whereas large metropolitan areas that are in direct competition
with the Sun Corridor (e.g., North Texas) have successfully implemented “goods movement”
oriented traffic restrictions to facilitate enhanced traffic flow have experienced positive
economic development effects, the city of Apache Junction and the city of Douglas urge
implementation within Arizona so that we also experience positive economic effects.
Negative fiscal impact to the state include: Costs associated with developing and implementing a
pilot program, which would include conducting a study before and after restrictions are
implemented. If the new restrictions were put in place permanently, there are costs associated
with selecting, designing, implementing, advertising, enforcing and monitoring the truck lane
restrictions.
E. Contact Information
Name: George Hoffman Title: City Manager
Phone: 480-474-5066 Email: ghoffman@ajcity.net
20
Resolution #11
Urges the Arizona State Legislature to stop future sweeps of Highway User Revenue Funds
(HURF) allocated to Arizona cities and towns and to restore HURF funding to FY2008 levels.
Submitted by: City of Yuma, Town of Wickenburg, City of Sedona, City of Kingman, City of
Lake Havasu City, City of Apache Junction, Town of Fountain Hills, City of Flagstaff, City of
Sierra Vista
************
A. Purpose and Effect of Resolution
HURF funds come from a number of sources, including use fuel taxes, motor carrier fees,
vehicle license taxes and motor vehicle registration fees. Statutes provide a method of
distributing these funds among the state, counties and municipalities for the purpose of
construction, improvements and maintenance of streets and roadways within their jurisdictions.
The state has swept portions of these revenues each year since FY2008, mainly to support the
Arizona Department of Public Safety (DPS). These sweeps affect every municipality and county
in the state. As a result of these sweeps, more than 38 percent of Yuma’s major roadways are in
poor or below average condition. Delayed maintenance on streets has caused many streets to
now need total replacement, at a much greater cost. The poor condition of transportation
infrastructure is a detriment to attracting new commerce and industry.
In addition to the direct impact on cities and towns’ streets and roadways, this slowdown and halt
of street construction and maintenance has cost jobs. The Arizona chapter of the Associated
General Contractors estimated in 2011 that an estimated 42,000 jobs have been lost due to the
lack of highway construction. This loss has had a negative impact on the economic viability of
the state.
B. Relevance to Municipal Policy
The longer the attention to street maintenance is neglected, the more costly it becomes to bring
streets up to even average condition. Many Arizona counties, cities and towns experience a
significant rise in population during the winter months. The declining street infrastructure
negatively affects the state’s tourism industry and makes other warm states more attractive to
these visitors.
C. Fiscal Impact to Cities and Towns
The sweeps have touched every county, city and town in Arizona. There are no replacement
revenues for cities to tap. As maintenance is delayed, the cost rises. Restoring full HURF funding
to local jurisdictions will allow much needed street replacement, repair and maintenance.
21
D. Fiscal Impact to the State
Reinstating the statutory distribution of HURF monies, including the funds to be allocated to
DPS pursuant to statute, may require the state find other sources of revenue for DPS.
E. Contact Information
Name: Connie S. Scoggins Title: Assistant City Attorney
Phone: (928) 373-5055 Email: Connie.Scoggins@yumaaz.go
22
Resolution #12
Urges the state of Arizona to partner with cities and towns for the operation and maintenance
of Arizona State Parks under long-term leases, for a nominal amount, and to participate
financially by providing for a dedicated funding mechanism to share a portion of the costs.
Submitted by: City of Yuma, City of Kingman, City of Lake Havasu City, City of Sierra Vista
************
A. Purpose and Effect of Resolution
When the state became unable to continue full support of its parks, local governments and non-
profit groups in Arizona stepped up to the plate and entered into short-term agreements to
operate and maintain the parks in or near their jurisdictions (Alamo Lake, Boyce Thompson
Arboretum, Fort Verde, Homolovi, Jerome, Lost Dutchman, Lyman Lake, McFarland, Picacho
Peak, Red Rock, Riordan Mansion, Roper Lake, Tombstone Courthouse, Tonto Natural Bridge,
Tubac Presidio, Yuma Territorial Prison State Historic Park, Yuma Quartermaster Depot State
Historic Park) so Arizona residents and visitors alike could continue to enjoy the rich
recreational experiences that state parks provide. These agreements have proven to be successful.
This resolution asks the state to continue and to expand this partnership with local jurisdictions
on a long-term basis and to provide a dedicated funding mechanism to support the parks.
Making the current partnerships sustainable in the long-term and increasing the number of
partnerships will make the entire park system more viable over time. Further utilization of
partnerships (non-profit, public and private) will necessitate assured financial support from the
state, local governments and non-profits.
This resolution will assure that state parks remain open to the public as a recreational,
environmental and cultural benefit that supports and generates tourism and provides important
revenue not only to local but also to regional and statewide economies. In addition, the
availability of the state parks system will continue to provide a high quality of life for Arizona
residents and serve as an attraction to new residents.
B. Relevance to Municipal Policy
State parks are essential to the rural economies and people of Arizona, and the continued threat
to their operation leaves a continued threat to the still weak local economies in rural Arizona. In
addition, Arizona’s natural environment, including access to the environment through state parks
across the state, draws millions of tourists to Arizona, benefiting every entity that relies on
tourism as part of its economy.
Increasingly, Arizona State Parks is reliant on partnerships with local governments to make its
state parks viable. This comes at a time when local resources are shrinking.
23
C. Fiscal Impact to Cities and Towns
Visitors’ expenditures combined with their direct and induced impacts resulted in $21,171,627 in
federal government taxes and $22,762,326 in state and local government taxes. The total tax
impact of Arizona State Park visitors in 2007 was $43,933,953.
D. Fiscal Impact to the State
The economic benefit of the state park system is statewide. Calculated at the state level for
FY07, the total economic impact of Arizona State Parks (direct, indirect and induced) on the
state was $266,436,582. This total state income resulted in 2,397 direct jobs and 950 indirect
jobs for a total of 3,347 jobs statewide. The jobs provided were generated directly, through state
park employment, but also indirectly, through the tourism industry that is supported and
enhanced by the existence of state parks.
Visitors’ expenditures combined with their direct and induced impacts resulted in $21,171,627 in
federal government taxes and $22,762,326 in state and local government taxes. The total tax
impact of Arizona State Park visitors in 2007 was $43,933,953.
(Economic figures cited are from “The Economic Impact of Arizona State Parks 2007” study
prepared by The Arizona Hospitality Research & Resource Center, Center for Business Outreach
and The W. A. Franke College of Business, Northern Arizona University, in February 2009.)
E. Contact Information
Name: Connie Scoggins Title: Assistant City Attorney
Phone: 928-373-5055 Email: Connie.scoggins@yumaaz.gov
24
Resolution #13
Urges the authorization of expenditure and full appropriations through the reenactment of
repealed A.R.S. § 41-501, 503 and 504 to restore the Arizona State Park Heritage Fund.
Submitted by: City of Sedona, City of Kingman, Town of Camp Verde, Town of Jerome, City
of Somerton, Town of Oro Valley, City of Sierra Vista, City of Cottonwood, City of Flagstaff,
Town of Clarkdale
************
A. Purpose and Effect of Resolution
The Arizona State Parks (ASP) Board Heritage Fund, established in November 1990 by voter
initiative, provided up to $10 million annually to Arizona State Parks from Arizona Lottery
proceeds (A.R.S. § 41-503). There were three competitive grant programs offered annually from
the Heritage Fund dollars to provide opportunities for the public to enjoy parks and outdoor
recreation and to help preserve natural and cultural resources. Seventeen percent of the State
Parks Heritage Fund revenues were available annually (up to $1.7 million) through the Historic
Preservation Grant Program. Thirty-five percent of the revenues (up to $3.5 million) were
available through the Local, Regional and State Parks (LRSP) Grant Program, and five percent
of the revenues (up to $500,000) went to the Trails Heritage Fund, of which 95 percent was
available through the competitive grant program.
Since 2009, sweeps of the Heritage Fund resulted in the discontinuation of the Heritage Fund
Grant Programs due to lack of funding. The Heritage Fund Grant Programs were an important
source of funding, through the LRSP in particular, to cities and towns for their ability to enhance
and expand local park sites. The sweep of Heritage Funds directly impacts the ability of cities
and towns to provide funds to conserve our state’s natural, cultural and historic resources and
shifts costs to cities and towns that are the burden of the state and which benefit the state.
Not only were the remaining Heritage Funds eliminated — funds that were used for capital
improvements to Arizona State Parks — but the legislature fully repealed the funding
mechanism for Heritage Funds through the repeal of authorizing statutes A.R.S. § 41-501, 503
and 504 effective on July 1, 2011. The FY12 state budget swept the remaining
$2,090,000 of the Enhancement Fund, which eliminated the amount available for capital
programs and left ASP with no capital funds available to repair structural emergencies. Without
reauthorization of the related statutes, there is no vehicle to appropriate funds, and the future of
not only local funding but the entirety of Arizona State Parks hangs in the balance. The inability
to fund needed capital improvements, or even emergency repairs, puts ASP at a dangerous
financial precipice.
B. Relevance to Municipal Policy
Approval of this resolution and resulting policy changes would provide a vehicle for funding to
continue the ability of municipalities and the state to provide and enhance the conservation of
25
our state’s natural, cultural and historic resources. It would shift the responsibility for these
programs back to the state and reinforce the voter-approved initiative that originally placed the
burden on the state.
C. Fiscal Impact to Cities and Towns
Reenactment of Arizona Heritage Fund appropriations would have a significant positive impact
on recreational opportunities, environmental education for the K-12 curriculum and enrichment
for educators, grants and research, and response to and help with ameliorating human-wildlife
conflicts in urban areas. It also positively impacts the viability of state parks as the sweep of
funds has left ASP without funds for capital improvements or for any structural emergency. The
loss of Heritage Funds has a direct impact on cities and towns due to the economic impact of
state parks, as evidenced in “The Economic Impact of Arizona State Parks 2007” study prepared
by the Arizona Hospitality Research & Resource Center, Center for Business Outreach and The
W. A. Franke College of Business, Northern Arizona University, in February 2009.
D. Fiscal Impact to the State
Reenactment of Arizona Heritage Fund appropriations would have a fiscal impact to the state of
up to $10 million annually.
E. Contact Information
Name: Nicholas Gioello Title: Assistant to the City Manager
Phone: 928-203-5100 Email: ngioello@sedonaaz.gov
26
Resolution #14
Urges the Governor and the Arizona State Legislature to develop and pass legislation that
supports efforts to reduce the shortage of health care professionals in the state of Arizona. The
League encourages the legislature to consider the following: expanding the level of Graduate
Medical Education (GME) funding; expanding medical school capacity within the state
universities; addressing issues affecting the attraction and retention of physicians and other
health care professionals from out of state; reducing obstacles to medical practice in Arizona;
and addressing any other major issues that affect a physician’s, and other health care
professionals’, decision to locate or remain in Arizona to practice.
Submitted by: City of Sierra Vista, Town of Wickenburg, City of Bisbee, City of Yuma
************
A. Purpose and Effect of Resolution
Part II of the 2005 Arizona Physician Workforce Study, conducted by specialists from the
University of Arizona and Arizona State University, identified that from 1992 to 2004, Arizona’s
physician supply had not kept up with its population growth. The situation has not gotten any
better. Arizona has 219 physicians per 100,000 population, well below the national average of
293 per 100,000. Rural communities in the state are affected by the shortage even more, with one
county at under 60 physicians per 100,000. Specialty physicians are particularly difficult to
recruit and retain. By way of example, the city of Sierra Vista’s regional hospital is now the only
location in all of Cochise County in which a woman can deliver a baby outside of a setting where
emergency services are available. In addition, as the baby boomer population ages, more of the
older doctors in rural communities will retire, potentially exacerbating the situation.
Since approximately 60 percent of physicians who complete their training in Arizona teaching
hospitals remain to practice within the state, enhancing the Graduate Medical Education (GME)
program is a critical component to addressing this shortfall and has been identified by previous
gubernatorial task forces. Also recommended were efforts to reduce obstacles to medical practice
in Arizona. Recruitment and retention of physicians is hampered throughout the state by higher
professional liability premiums as compared to other states, and this is certainly an obstacle
needing attention. Recent actions to reduce funding to the state’s Medicaid program will only
exacerbate the issue statewide. Now, more than ever, action is needed to retain existing
physicians and to ensure that Arizona is a desirable place to practice for others.
B. Relevance to Municipal Policy
Health care is a key component of the overall quality of life for any community. It is an
attraction and retention component for both business and military activities, both of which are
the backbone of the state’s economy. An adequate supply of physicians is the foundation of
quality healthcare, and although most barriers to physician recruitment and retention are beyond
the direct control of local government, the health of our citizens should be a strong consideration
27
for local legislative input and advocacy. The National League of Cities has incorporated citizen
health in its overall federal legislative platform by developing and advocating for health
programs for children and youth.
C. Fiscal Impact to Cities and Towns
There should be no negative fiscal impact on cities and towns. To the contrary, not only will
there be an intrinsic gain to cities and towns in the overall quality of life of their residents if
accessibility to health care is improved, but all communities in the state can use improved health
care as an economic development tool in the future.
D. Fiscal Impact to the State
There are some solutions, such as investing in the graduate medical program, that will require
additional investment by the state in medical education. However, some recommendations can be
implemented with little to no effect on state finances. But just as it does for the cities and towns,
improvement in access to health care results in an improvement in the ability of the state to
attract corporations who value health care access as a major factor in relocation to Arizona. In
addition, more physicians in the rural areas of the state will reduce the number of trips on already
overcrowded roadways that residents from those areas make to the Phoenix or Tucson
metropolitan areas to seek treatment.
E. Contact Information
Name: Mary Jacobs Title: Assistant City Manager
Phone: 520-458-3315 Email: Mary.Jacobs@SierraVistaAZ.gov
28
Resolution #15
Urges the Arizona State Legislature to amend A.R.S. § 23-1022, subsection D, to provide
municipalities the option of providing workers’ compensation benefits to employees of another
agency when working under the municipality’s control or in its jurisdiction through an
intergovernmental agreement or contract, especially as it relates to public safety personnel.
Submitted by: Town of Wickenburg, City of Sierra Vista, Town of Paradise Valley
************
A. Purpose and Effect of Resolution
Many small municipalities throughout Arizona recognize the challenge of providing excellent
public safety services at all times, especially in the area of recruiting and retaining police
officers. Occasionally, staffing levels for AZPOST-certified personnel can dip dangerously low,
putting the public’s safety in jeopardy. In these situations, it can be useful to partner with other
nearby agencies, allowing officers to obtain extra hours at the requesting agency’s expense.
Municipalities also form similar partnerships for special events, “loaning” and “borrowing”
officers under terms of an intergovernmental agreement to assist with a temporary need to
increase police protection.
Unfortunately, A.R.S. § 23-1022, subsection D, contains a disincentive for municipalities to
enter into these types of partnerships because the statute’s workers’ compensation provisions are
not in alignment with its other sections. The statute dictates that when engaging in these “shared
services” partnerships, both participating agencies are deemed to be the “employer” of the shared
employee(s). However, workers’ compensation benefits remain the sole responsibility of the
“home” agency, rather than the requesting agency directing that employee’s work.
For example, if a police officer from City A is staffing a special event for City B under terms of
a contract and is injured while performing a task directed by a supervisor from City B, workers’
compensation benefits remain the responsibility of City A. Effectively, the workers’
compensation benefits follow the badge.
This obscure statute provides an unintentional disincentive for municipalities to openly share
resources in time of need and an “opt out” clause should be added. The resolution would have
the effect of urging legislators to amend the statute to give the requesting municipality the option
of covering workers’ compensation benefits through an intergovernmental agreement or contract,
thus freeing the employee’s primary employer from any risk.
B. Relevance to Municipal Policy
This resolution positively impacts both rural and urban municipalities throughout Arizona. It
serves to clarify an unclear and inconsistent aspect of state law and eliminates a disincentive for
public safety agencies to cooperate for fear of workers’ compensation claims outside of their
control.
29
C. Fiscal Impact to Cities and Towns
This resolution has the effect not of increasing or decreasing the overall fiscal burden for
workers’ compensation claims across Arizona’s municipalities, but rather of distributing it more
appropriately. Instead of assigning a claim to an agency that had no knowledge of or control over
an employee’s actions at the time of the injury, the fiscal responsibility could lie with the agency
actually directing the employee’s work, so long as both agencies agree to structure their
agreement in this way.
D. Fiscal Impact to the State
This resolution has no anticipated fiscal impact on the state of Arizona.
E. Contact Information
Name: Josh Wright Title: Town Manager
Phone: (928) 668-0524 Email: jwright@wickenburgaz.org
30
Resolution #16
Requests that A.R.S § 38-848.3 and A.R.S § 38-713, subsection A, paragraph 1, subdivision (b)
be amended so that the Public Safety Personnel Retirement System Board of Trustees as well
as the Arizona State Retirement Board include one representative from a large city along with
one representative from a small non-metropolitan city.
Submitted by: City of Sierra Vista, Town of Wickenburg, City of Bisbee
************
A. Purpose and Effect of Resolution
This resolution seeks to ensure that both large and small cities have a representative on the
Public Safety Personnel Retirement System (PSPRS) Board of Trustees as well as the Arizona
State Retirement System (ASRS) Board. Small municipalities in the state are being impacted by
the decisions being made to reform PSRS and ASRS. Including members from a large and a
small city on the boards will allow a boarder perspective on discussions as they relate to
proposed changes to the systems.
B. Relevance to Municipal Policy
This resolution’s impact to cities and towns is that it would improve the discussion and ensure
representation on the PSPRS Board of Trustees as well as the ASRS Board.
C. Fiscal Impact to Cities and Towns
This resolution has no fiscal impact to cities and towns.
D. Fiscal Impact to the State
This resolution has no fiscal impact to the state.
E. Contact Information
Name: Mark C. Welch Title: Assistant to the City Manager
Phone: 520-439-2154 Email: Mark.Welch@SierraVistaAZ.gov
31
Resolution #17
Requests that the Public Safety Personnel Retirement System review their actuarial
assumptions with regard to salary increases and base assumptions on current historical
actual.
Submitted by: City of Sierra Vista, Town of Wickenburg, City of Bisbee
************
A. Purpose and Effect of Resolution
The contributions a city or town and an employee make to Public Safety Personnel Retirement
System (PSPRS) during time of employment should cover the payments the employee expects to
receive during retirement. Part of the process of determining the annual contribution required by
the city or town is what is called an “actuarial valuation” of the plan. This valuation estimates the
value of the future benefit payments that will be paid to the city or town’s members (both current
employees and retirees) and compares that to the value of the assets the city or town already has
in the system.
The liability is not a firm, definite liability, like a note or bond payable. Rather it is an estimate
of the expected future retirement payments to current and future city or town retirees. The reason
it is not a firm liability is that the factors in the calculation are different for each participant and
are not definitely known until the participant passes away. Here are four major factors in the
calculation of the liability:
1. Number of current employees that will retire from the city or town. As not all current
employees will retire from the municipality, an estimate of the number of current
employees that will retire must be made. If a person does not retire, no retirement liability
exists.
2. How many years of service each retiree will have. Employees may retire anytime after
earning 20 years of service but may continue working as long as they want. The
retirement pay can be from 50 to 80 percent of the retiree’s salary and is based on the
retiree’s years of service. The actuarial must estimate how many years of service each
current employee will have when he or she retires in order to estimate the percentage of
salary each employee will receive as retirement pay.
3. The employee’s salary at retirement. Given it can be many years until an employee
retires, the actuarial must estimate the raises and salary adjustments each employee will
receive between now and when he or she retires.
4. How long the retiree will live. The retiree will receive retirement checks for as long as he
or she is alive. Therefore, the actuarial must estimate how long the retiree will draw
retirement checks.
The actuarial study uses statistical modeling for each of these factors to determine the estimated
liability. While it calculates each entity’s liability separately, it does use the same factor
estimates for all entities; i.e., the same life expectancy, salary growth rate, etc.
32
One factor in the estimated liability is the annual salary increases the actuarial study uses in its
calculations. It uses an eight percent annual increase each year for the first five years of a
participant’s employment. This annual growth rate decreases each year for the next 35 years until
it reaches a five percent annual increase. These raise estimates are based on a nationwide study
the actuarial did five years ago. The city of Sierra Vista has not given an eight percent raise in
over 25 years. If the actuarial would base the salary increase on the actual (lower) historical
salary increases, PSPRS liability, and therefore the unfunded liability, would be lower, thus
reducing the contribution rates.
B. Relevance to Municipal Policy
This resolution would require a new actuarial study to be conducted on actual data and thus
could reduce the contribution rates of all cities across the state.
C. Fiscal Impact to Cities and Towns
If the new actuarial study showed a decreased un-funded liability, cities across the state would
benefit from lower contribution rates for PSPRS employees. The actual fiscal impact is unknown
since it would take an actuarial study to gather that information.
D. Fiscal Impact to the State
If the new actuarial study showed a decreased un-funded liability, the state would benefit from
lower contribution rates for PSPRS employees. The actual fiscal impact is unknown since it
would take an actuarial study to gather that information.
E. Contact Information
Name: Mark C. Welch Title: Assistant to the City Manger
Phone: 520-439-2154 Email: Mark.Welch@SierraVistaAZ.gov
33
Resolution #18
Urges the Governor and the State Legislature to develop and pass legislation that (1) equalizes
the maximum tax credit allowed per person and per married couple for donations to qualified
charitable organizations, private schools and public schools, and (2) equalizes the timeframe
allowed for collection of funds for qualified charitable organizations, private schools and
public schools to qualify as a tax credit in any given year.
Submitted by: Town of Eagar, Town of Springerville
************
A. Purpose and Effect of Resolution
Currently the maximum donation allowed as a tax credit for public schools and qualified
charitable organizations is $200 per person or $400 per married couple filing a joint return;
meanwhile, a private school donation is capped at $500 per person or $1,000 per married couple
filing a joint return.
Currently public schools and qualified charitable organizations must collect funds for a tax credit
by the end of the calendar year for a credit in that calendar year while private schools can collect
funds up to April 15 of the following year for a credit in either the current or the previous year.
These provisions are codified in A.R.S. § 43-1088, § 43-1089 and § 43-1089 (1)-(3).
The primary rationale behind these proposed changes is that they would be “fair,” equalizing the
amount and timing of donations to public education and charitable programs serving the working
poor. While private schools are certainly a worthy cause, it would seem appropriate that our
public schools and charitable organizations receive at least equal treatment.
B. Relevance to Municipal Policy
Cities and towns are finding themselves in ever more challenging financial circumstances. As a
result, available tax dollars for municipal contributions toward these important educational and
social services are shrinking, forcing them to rely more heavily on charitable donations. The
proposed legislation would place these education and public service programs on an equal
footing with private schools in soliciting these contributions.
C. Fiscal Impact to Cities and Towns
There are no known fiscal impacts.
D. Fiscal Impact to the State
The fiscal impact to the state is unknown.
34
E. Contact Information
Name: Bryce Hamblin Title: Mayor
Phone: 928-333-3333 Email: brycehamblin@hotmail.com
35
Resolution #19
Urges the Governor and the Arizona State Legislature to develop and pass legislation or
engage in other activities that support and advocate for resources to improve Arizona’s ports
of entry with Mexico and related infrastructure in order to enhance international trade and
improve the global competitiveness for Arizona with Mexico.
Submitted by: City of Sierra Vista, City of Yuma, City of Bisbee
************
A. Purpose and Effect of Resolution
Mexico is Arizona’s top trading partner. Our shared border is the gateway for $26 billion worth
of imports and exports and 44 million people (crossings) each year. Mexican visitors spend
approximately $7.3 million each day in Arizona, providing an annual impact of $2.3 billion.
Trade with Mexico supports six million jobs in the U.S. and tens of thousands jobs in Arizona. In
addition, Mexico is now the third-ranked commercial partner of the U.S. and the second largest
market for U.S. exports.
Despite this wealth of opportunity, recent studies show that competing border states such as
Texas are far outpacing Arizona when it comes to developing trade relations with Mexico. While
Arizona exports to Mexico totaled about $5.7 billion in 2011, in Texas the total was $87 billion.
Mexico is the 13th largest economy in the world, and in 2010, Mexico invested an
unprecedented five percent of its Gross Domestic Product (GDP) in infrastructure.
Arizona’s ports of entry face significant challenges, including aging infrastructure and an often
inadequate number of customs and border protection agents needed to staff them. A heavy focus
on security has impacted the tourism industry by diverting investments from needed
improvements and leaving a multibillion dollar deficit in border infrastructure. For example,
while investments of $200 million into the expansion to the Nogales port of entry are
progressing, no funding is allocated at this time (pending completion of appropriate studies and
reviews) toward improving Arizona State Route 189, which connects the Mariposa Land Port of
Entry to I-19. The U.S. General Services Administration (GSA) describes the Mariposa Land
Port of Entry as “… one of the United States’ busiest land ports … serving as the main entry
point for fresh produce entering from Mexico …”
With 23 million northbound visitor border crossings and 373,000 northbound truck crossings,
long waits at the border and congestion north of our ports of entry suppress economic
development. In addition, greater emphasis is needed to upgrading southbound passenger vehicle
and pedestrian crossings. And with significant public safety concerns arising from the 602 train
crossings annually, there is clearly a need to develop an alternative to Arizona’s sole rail port of
entry in Nogales in order to respond to increasing manufacturing and sea port expansions in
Mexico. According to the Arizona State University North American Center for Transborder
Studies, needed enhancements include staffing, technology, infrastructure and communications.
36
Through the League of Arizona Cities and Towns, Arizona’s cities and towns should unite in
support of legislation or other policies that will enhance international trade and improve the
global competitiveness for Arizona with Mexico, which is the 13th largest economy in the world
and the state’s number one trading partner.
B. Relevance to Municipal Policy
The vast majority of the economic benefit generated by trade passing through Arizona’s ports of
entry is realized within the state’s cities and towns. For example, nearly half (43%) of all of the
winter produce consumed in the United States comes through the Nogales port of entry. Along
with produce, which makes up 28 percent of Arizona imports from Mexico, other major
commodities include electrical machinery and equipment (18%); machinery and mechanisms
(12%); edible fruits and nuts (11%); vehicles (6%); and optical, photographic and cinemagraphic
equipment (4%).
The logistics centers, warehousing and distribution facilities, and value-added manufacturing
facilities for these commodities are located primarily within the state’s cities and towns, along
with the associated sustainable wage jobs that are created as a result of this economic activity.
The economic multiplier effect that these jobs create adds to the prosperity in these communities
and enhances tax revenue at a time when every dollar of local revenue is even more precious to
cities and towns. Enhancing trade opportunities with Mexico will only further stimulate the
economies in Arizona’s cities and towns.
C. Fiscal Impact to Cities and Towns
As described above, enhancing international trade and improving the global competitiveness for
Arizona with Mexico will have a positive fiscal impact to cities and towns.
D. Fiscal Impact to the State
Similarly, supporting the requested legislation and policies will have a positive fiscal impact to
the state and will further diversify our economic base. Failure to do so will sustain the advantage
that other border states currently enjoy over Arizona.
E. Contact Information
Name: Mary Jacobs Title: Assistant City Manager
Phone: 520-458-3315 Email: Mary.Jacobs@SierraVistaAZ.gov
37
Resolution #20
Urges the Governor and the Arizona State Legislature to develop and pass legislation that
supports the long-term retention of Arizona’s military installations and provides opportunities
to use the synergies connected to the military operations in the attraction of new or expanded
governmental and non-governmental missions or businesses.
Submitted by: City of Sierra Vista, City of Yuma, City of Bisbee
************
A. Purpose and Effect of Resolution
Arizona’s military sector is an essential component of the state economy and most local
economies within the state. There are five major military installations in Arizona, plus four
principal National Guard operations. According to a 2008 report by the Maguire Group,
commissioned by the Arizona Department of Commerce at the time, it is conservatively
estimated that this sector produces over 96,000 direct, indirect and induced jobs in the state, with
over $9.1 billion in economic impact.
The Maguire report further quantified the amount of revenue Arizona’s military installations
contribute directly to state and local governments at just over $400 million annually, split nearly
evenly between the two. In general, jobs connected to the military are especially valuable to the
Arizona economy because they are largely unaffected by routine economic cycles, which means
revenues associated with their presence are more stable.
The Maguire report noted “Arizona would do well to guard this economic asset and preserve its
viability.” It further stated, “Maintaining these operations and the jobs and economic output they
support should be a priority of state and local government.”
Support from Arizona’s local governments, through the League of Arizona Cities and Towns, for
legislation that could enhance military effectiveness or protect against efforts to erode military
missions is critical in the state’s long term success retaining Luke AFB, Davis-Monthan AFB,
Fort Huachuca, Marine Corp Air Station Yuma and the Yuma Army Proving Ground.
Arizona’s cities and towns must be unified in their support for the military, working together to
identify opportunities to demonstrate that support through such things as encouraging officials
from state and local government to elevate needs identified by military installations for
legislative action; supporting the continued activity and existence of the Governor’s Military
Affairs Commission; supporting funding for economic development efforts at the state level to
attract new/expanded military and military-connected missions and businesses; encouraging the
use and continued funding of the Military Installation Funds (MIF) to help mitigate
encroachment; and supporting legislative proposals regarding state land transfers to reduce
potential encroachment around military installations.
38
B. Relevance to Municipal Policy
At a time in which every dollar of local revenue is even more precious to cities and towns,
municipalities must guard against inadvertent or blatant measures that could jeopardize existing
military installations and the over $200 million it directly contributes to local government.
Encroachment is a major issue across the state, and is not only associated with new subdivisions.
Water use, electromagnetic interference, lighting, airspace and other issues can ultimately affect
military missions, or could result in the state’s five major bases not being considered for
realigned missions in the future.
The Maguire study excluded military-related businesses such as Raytheon, Boeing and those
associated with the redeveloped Williams Center in Gilbert, which take advantage of synergies
with the state’s military community but separately add hundreds of millions more in economic
impact to the state and local economies. But if the military missions are not retained, then
opportunities to grow or expand these types of businesses, and the resulting impact on the state
and local economy, could be missed.
C. Fiscal Impact to Cities and Towns
Failure to protect such a valuable asset to the state will have a direct and potentially devastating
effect on local government. The military industry directly contributes approximately $200
million in tax revenues annually to local government alone.
D. Fiscal Impact to the State
Similarly, Arizona’s military installations contribute about $200 million in revenue annually to
the state government. Any loss of missions could erode that revenue, as well as impact future
expansion opportunities for both military and non-military missions.
E. Contact Information
Name: Mary Jacobs Title: Assistant City Manager
Phone: 520-458-3315 Email: Mary.Jacobs@SierraVistaAZ.gov
39
League Staff Resolution #1
Urges the United States Congress to reject any proposal limiting the value of the tax-
exemption for municipal bonds.
Submitted by: League Staff
************
A. Purpose and Effect of Resolution
This resolution seeks to preserve the tax exemption for municipal bonds. Since these bonds are
the primary source of infrastructure development funding in cities and towns, the elimination of
the tax exemption would imperil the development of crucial projects within Arizona’s
municipalities.
B. Relevance to Municipal Policy
Municipal bonds finance infrastructure projects that directly impact the citizens and businesses
of our communities – roads, water and wastewater systems, fire and police stations, etc. Fewer
infrastructure projects would diminish a city’s ability to serve its citizens and to attract new
businesses or retain current ones.
C. Fiscal Impact to Cities and Towns
Exempting municipal bond interest from federal taxation reduces the cost of infrastructure
financing by local governments. An average of 25 to 30 percent is saved on interest costs with
tax-exempt municipal bonds as compared to taxable bonds. These savings arise because
investors are willing to accept lower interest on tax-exempt bonds in conjunction with the tax
benefit.
D. Fiscal Impact to the State
If the federal income tax exemption is eliminated or limited, states and localities will pay more to
finance projects, leading to less infrastructure investment, fewer jobs and greater burdens on
citizens who will have to pay higher taxes and fees.
E. Contact Information
Name: René Guillen Title: Legislative Director
Phone: 602-258-5786 Email: rguillen@azleague.org
40
League Staff Resolution #2
Urges the United States Congress to pass the Marketplace Fairness Act.
Submitted by: League Staff
************
A. Purpose and Effect of Resolution
The Marketplace Fairness Act (MFA) is designed to collect sales tax regardless of the location of
the seller. The League supports the MFA as a mechanism to appropriately increase revenue to
support critical municipal services such as police, fire and infrastructure development. Collecting
sales tax from remote sellers and online sales would level the playing field for brick and mortar
local stores and would significantly increase revenues for municipalities throughout the state.
B. Relevance to Municipal Policy
By collecting taxes from sources outside the state, municipal government would be able to
enhance their constituent services without burdening local businesses. This new source of
revenue may also alleviate any strains on other sources of taxation.
C. Fiscal Impact to Cities and Towns
There can be a significant positive impact to cities and towns, although the precise amount will
be difficult to ascertain. Estimates have been in the hundreds of millions of dollars statewide.
D. Fiscal Impact to the State
The state should also see a gain in sales tax revenue from the passage of the MFA.
E. Contact Information
Name: René Guillen Title: Legislative Director
Phone: (602) 258-5786 Email: rguillen@azleague.org
League of Arizona Cities & Towns
2014 Resolution Submissions
41
No. Summary Sponsor Co-Sponsor Subcommittee
Recommendations
1
Simplify the annexation process: define “real and personal property”
to include only personal property owned by the underlying property
owner; require only signatures from more than half of all property
owners in an annexation area.
Oro Valley Bullhead City, Marana
2 Allow greater flexibility in annexing county islands. Yuma Wickenburg
3
Prohibit fire districts from annexing areas inside a municipal
planning area in counties of more than 500,000 persons without the
consent of the municipality, unless the municipality does not operate
a municipal fire department.
Peoria Surprise
4 Establish a mechanism enabling local government to create
renewable energy and conservation financing districts. Flagstaff Tucson, Payson
5
Promote state legislation that grants legislative authority to cities and
towns to freeze property tax levels on commercial and industrial
zoned parcels that support speculative development at pre-
improvement levels until such time as the developed property is in
use.
Bullhead
City Lake Havasu City, Kingman
6 Authorize street light improvement districts (SLIDs) to levy and
expend money to repair, maintain and replace lighting facilities. Scottsdale Buckeye
7
Change A.R.S. 34-603, which deals with alternative project delivery
methods (APDM), to allow the use of “the final list in the
procurement” until a contract for construction is entered into.
Sedona
Cottonwood, Flagstaff,
Kingman, Camp Verde,
Jerome
8 Place reasonable limits on the frequency of requests for public
records and on requests that are overbroad or abusive. Yuma Apache Junction
9
Amend A.R.S. Title 13 (Criminal Code) to include criminal damage
by graffiti and ensure that restitution for graffiti includes all costs of
a victim associated with graffiti abatement.
Yuma Wickenburg, Apache Junction,
Flagstaff
League of Arizona Cities & Towns
2014 Resolution Submissions
42
10
Support implementing a pilot program to restrict trucks to the two
right-most lanes when traveling on Arizona highways in urban areas
with three or more lanes in each direction.
Apache
Junction Douglas
11
Stop future sweeps of Highway User Revenue Funds (HURF)
allocated to Arizona cities and towns and restore HURF funding to
FY2008 levels.
Yuma
Wickenburg, Sedona,
Kingman, Lake Havasu City,
Apache Junction, Fountain
Hills, Flagstaff, Sierra Vista
12
Allow the state of Arizona to partner with cities and towns for the
operation and maintenance of Arizona State Parks under long-term
leases.
Yuma Kingman, Lake Havasu City,
Sierra Vista
13 Restore the Arizona State Park Heritage Fund. Sedona
Kingman, Camp Verde,
Jerome, Somerton, Oro Valley,
Sierra Vista, Cottonwood,
Flagstaff, Clarkdale
14 Pass legislation that supports efforts to reduce the shortage of health
care professionals in the state of Arizona. Sierra Vista Wickenburg, Bisbee, Yuma
15
Grant municipalities the option of providing workers’ compensation
benefits to employees of another agency when working under the
municipality’s control or in its jurisdiction through an
intergovernmental agreement or contract, especially as it relates to
public safety personnel.
Wickenburg Sierra Vista, Paradise Valley
16
Include one representative from a large city along with one
representative from a small non-metropolitan city on the Public
Safety Personnel Retirement System Board of Trustees as well as the
Arizona State Retirement Board.
Sierra Vista Wickenburg, Bisbee
17
Request that the Public Safety Personnel Retirement System review
their actuarial assumptions with regard to salary increases and base
assumptions on current historical actual.
Sierra Vista Wickenburg, Bisbee
18
Equalize the maximum tax credit and the timeframe allowed for
collection of funds for qualified charitable organizations, private
schools and public schools to qualify as a tax credit in any given
year.
Eagar Springerville
League of Arizona Cities & Towns
2014 Resolution Submissions
43
19
Pass legislation or engage in other activities that support and
advocate for resources to improve Arizona’s ports of entry with
Mexico and related infrastructure.
Sierra Vista Yuma, Bisbee
20 Support the long-term retention of Arizona’s military installations. Sierra Vista Yuma, Bisbee
League of Arizona Cities & Towns
2014 Resolution Submissions
44
League Staff Recommendations
No. Summary Subcommittee Recommendations
1 Preserve the tax exempt status of municipal bonds.
2 Pass the Marketplace Fairness Act.
Key to Committee Recommendations
Recommend for Adoption – Becomes a part of the Municipal Policy Statement and helps guide legislative activity in the coming session.
Recommend with Amendments – Will become a part of the Municipal Policy Statement and help guide legislative activity in the coming session but
needs amending for either content or technical reasons.
Significant Municipal Issue – Although an important concept to cities and towns, does not quite rise to the level of legislative activity. League staff
may address the issue with state agencies or other stakeholders.
Not Recommended for Passage – The resolution may be too confined to one community, be on its face contrary to core principles, or be out of line
with current agreements with other stakeholders.
Staff Recommendations – Resolutions submitted by League staff.