Loading...
HomeMy WebLinkAboutRes 1994-12c RESOLUTION NO.1994-12 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN HELLS PERSONNEL POLICIES AND PROCEDURES MANUAL. WHEREAS,the Mayor and Common Council on October 4,1990 adopted the Town of Fountain Hills Policies and Procedures Manual;and WHEREAS,the Mayor and Common Council is now desirous of amending said document;and WHEREAS,it is appropriate for the Mayor and Common Council to,from time to time, adopt appropriate amendments to the Town's Personnel PoUcies and Procedures Manual based on new Federal law and other changing conditions; NOW,THEREFORE,BE IT RESOLVED by the Mayor and Common Council of the Town of Fountain Hills,as follows: That the Personnel Policies and Procedures Manual of the Town of Fountain Hills is hereby amended by: 1.the deletion of Section 9,entitled "Grievance",and the adoption in lieu thereof, of a new Section 9 entitled "GrievancePolicies and Procedures;" and 2.adding new Sections 10,11,12, 13,&14;and 3.renumbering Section 10,entitled "Miscellaneous"to Section 15. The new Sections 10, 11, 12,13,&14 are attached hereto and made part of this resolution as if herein set forth. BE IT FURTHER RESOLVED,that staff is directed to make all appropriate clerical changes to the Table of Contents of the Personnel PoUcies and Procedures Manual to conform with these new sections. PASSED AND ADOPTED this 7th day of April,1994,by the Mayor and Common Council of the Town of Fountain Hills. ATTEST:n Cassie B.Hansen,Town Clerk William E.Farrell,Town Attorney Town Manager c 9.GRIEVANCE POLICIES AND PROCEDURES 9.1 GENERAL GRIEVANCE POLICY a.Employee Rights:The Town of Fountain Hills maintains a separate "General Grievance Policy"on behalf of its employees that applies when an employee wishes to present a grievance concerning the interpretation or application of these regulations or any departmental regulations,working conditions,or the relationship between an employee and a co-worker or supervisor.The General Grievance PoUcy does not apply in cases involving termination.The presentation of a grievance shall never subject an employee to restraint,interference,discrimination, or reprisal. b.Procedures for the General Grievance Policy: 1.Time for Filing:An employee must file a grievance within ninety (90) days after discovery of the occurence. 2.The following sequential steps are to be taken by the employee when filing a grievance. Step One:The aggrieved employee will orally present the grievance to his/her supervisor who has the authority to alter the action or change the conditions which caused the grievance.The supervisor will provide an oral answer to the grievance within two (2)working days. Step Two:If the oral discussion prescribed in Step One fails to satisfactorily resolve the grievance,the employee may present a written grievance to the department head within five (5)working days after receiving an answer from his/her supervisor.The department head will meet with the employee to discuss the grievance.The employee will receive a written reply to the grievance within five (5)working days from the date the grievance was personally received by the department head. Step Two shall be bypassed if the discussion described in Step One was with the department head. Step Three:If, after reviewing the department head's reply to the grievance,the employee is not satisfied with the decision,he or she may appeal the decision to the Town Manager by filing a written appeal with the Town Clerk.The appeal will be filed within five (5)working days after receiving the department head's reply.The Town Manager will convene an administrative hearing within three (3)working days after receipt of the appeal. In the event the Town Manager is absent from work during the three (3) day period, the administrative hearing will be convened within three working days after his return to work.At the hearing, all concerned parties will be given an opportunity to present their c side of the issue together with evidence and witnesses relevant to the grievance and to question the evidence and witnesses presented by the other parties. The Town Manager may call for such additional evidence as he/she deems relevant to the matter. The Town Manager will render a decision within five (5) working days after the hearing. The decision will be issued in writing. The decision of the Town Manager shall be final, and no further appeal is provided. 10.INVOLUNTARY TERMINATION POLICY AND PROCEDURE 10.1 INVOLUNTARY DISMISSAL Immediateinvoluntarydismissalof an employeemay bewarrantedin instancesinvolving serious insubordination,theft, seriousillegalor destructiveacts whileon thejob, or other substantial reasons deemed appropriate by the Manager.An employee may also be discharged after repeated offenses of a less serious nature if the offenses have been documented by the supervisor and appropriate behavioral changes have not resulted from previous progressive disciplinary action. Probationary employees may be terminated at any time without cause and without the right of appeal or a hearing. Notification of dismissal in writing shall be provided the probationary employee, and a copy filed in his/her personnel file. 10.2 HEARING A hearing shall be held prior to the involuntarydismissal of any town employee (except those officers who are exempt from this policy).The Town Clerk shall provide and arrange for the hearing to take place. If the involuntarydismissal involves an employee that reports to the Town Clerk, another department head as designated by the Town Manager shall arrange for the hearing. 10.3 HEARING PROCEDURES An employee shall be providedin with a written noticeof the charge and an explanation of the department's evidence.The employee shallbe givenan opportunity torespondto the charges,orally or in writing, as to why the proposed action should not be taken. The employee may have legal counsel present at the hearing. The department's explanation of the evidence at the initial hearing shall be sufficient to apprise the employee of the basis for the proposed action. This shall not limit the employer at subsequent hearings from presenting a more detailed and complete case, including presentation of witnesses and documents not available at the initial hearing. In cases involving an employee who works under the control of the Town Manager, the hearing officershallbetheTown Magistrate.Incases involving an employee who works under the control ofthe Town Magistrate,the hearing officer shall bethe Town Manager. \tes/ \^i/ The Town Manager or the Town Magistrate may appoint another Manager or Magistrate from another Arizona city or town to serve as the hearing officer in their place if they so choose.The hearing officer shall, no later than five (5)working days after the conclusion of the hearing,deliver a written opinion which shall contain three basic 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 head, the Town Manager in cases where the Town Magistrate has served as hearing officer,and the Town Magistrate 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 three (3)working days after the receipt of the written opinion of the hearing officer,the appointing authority (either the Town Magistrate or the Town Manager)shall either affirm or reject the determination of the hearing officer.If the appointing authority rejects the determination,he/she shall indicate,in writing,the reason for the rejection and shall direct appropriate action.After the appointing authority has made a final determination,there is no appeal except as provided in Section 11 of these personnel regulations. 11.ALTERNATIVE DISPUTE RESOLUTION (ADR) POLICY AND PROCEDURE 11.1 POLICY STATEMENT In the instances where an employee alleges wrongful termination,discrimination under the terms of any State or Federal law (EEO,ADA,etc)or other claim against the town, this Alternative Dispute Resolution policy shall apply. 11.2 PROCEDURES The primary ADR procedure is non-binding mediation.Under this procedure,the following steps are taken: The employee selects a mediator(s)from one of the following sources: 1.a mediator from the community relations section of the Arizona Attorney Generals Office \^/ 2. a teamof three mediators providedby anotherArizonatownor city selectedfrom a list of Arizona cities and towns willing to provide such a service. The mediation team shall include at least one supervisor and one non-supervisor. The third member shall be selected by the first two team members. 3. any other mediator selected by the employee from any other source that is acceptable to the town The townor the organizationor companyprovidinginsurancecoverageto the town shall pay the costs of the mediator(s). 11.3 DUTIES AND POWERS OF MEDIATOR(S) The mediator(s) shall not decide the dispute, rather they will, through the use of their mediation skills,attempt to settle the dispute. The mediator(s) shall conduct such hearings and/or investigation as he/she deems appropriate. If a settlement is achieved, the mediator(s) shall prepare a written settlement that shall be signed and executed by both sides. If a settlement is not reached, then the mediator(s) shall provide both parties a non- binding evaluation of the case. 11.4 OTHER CONDITIONS FOR MEDIATION 1. Either party, at their own expense, may be represented by an attorney. 2. The employee and an appropriate town representative with settlement authority, shall be present during the mediation sessions. 3. If the mediationdoes notresult in a mutuallysatisfactorysettlement,the employee shall be free to pursue available legal remedies. 11.5 BINDING ARBITRATION If both the town and the employee agree, binding arbitrationmay be used instead of non- binding mediation. Njjjj^y \^/ 12.HARASSMENT POLICY AND PROCEDURES 12.1 DEFINITION Harassment is unwarranted and unwanted verbal or nonverbal conduct which threatens, intimidates,pesters,annoys, or insults another person, where such conduct has the purpose or effect of creating an offensive, intimidating, degrading, or hostile environment, or interferes with or adversely affects a person's work performance. Harassment does not include the conduct or actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands or other supervisory actions. 12.2 POLICY STATEMENT It is the policy of the Town of Fountain Hills that harassment will not be tolerated.All employees are prohibited from engaging in the harassment of any other employee or other person in the course of or in connection with employment.The desired standard of Town of Fountain Hills employee behavior is one of cooperation and respect for each other, despite any differences. 12.3 SEXUAL HARASSMENT •DEFINITION AND POLICY STATEMENT Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical advances of a sexual nature.It is the Town of Fountain Hills policy to fully support enforcement of State and Federal anti-discrimination laws which provide that sexual harassment is prohibited where: 1.Submission to such conduct is made either explicitly or implicitly a term of condition of employment 2.Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals 3. Such conduct has the purpose or effect of intimidating,hostile, or offensive working environment 12.4 PROCEDURES a.In any case in which a supervisor is witness to or confronted with a situation of harassment, the supervisor shall immediately notify the offending party that harassment is not appropriate and will not be tolerated.Ultimate disciplinary action will await completion of the reporting procedure. c b. An employee subjected to any form of harassment shouldreport such activity to his/her non-involved supervisor, department head, or directly to the Town Manager. c. A supervisor is required to report harassment cases to his/her department head, who, in turn,is requiredto report the matterto theTown Manager.Suchreports to superiors are to be made regardless of how knowledge of the case was acquired. d. TheTownManagershallassigna non-involved departmentheadtoinvestigateand submit to the Town Manager a report setting forth the facts of the case and a recommendation for action. e. The results of the investigation and the nature of the disciplinary action will be communicated by the Manager's Office to both the complainant and the offender, as well as the affected department head. Either party may appeal the decision through the normal grievance procedure if it is felt the findings were incorrect or the discipUnary action inappropriate. 12.5 DISCIPLINARY ACTION An employee who harasses another employee or member of the public may be subject to the full range of disciplinary action,including discharge. 13.AMERICANS WITH DISABILITIES ACT (ADA) POLICY AND PROCEDURES 13.1 STATEMENT OF POLICY The Town of Fountain HiUs does not discriminate on the basis of race,color,national origin, sex, religion, age, marital status, sexual preference or orientation, or disabiUtyin its employment practices. The town has a commitment to ensure equal opportunitiesfor disabled town employees. Every reasonable effort will be made to provide an accessible work environment and additional accommodations,including auxiUary aids and services. Employmentpractices (e.g. hiring, training, testing, transfer,promotion, compensation, benefits, termination, etc.) will be administered in such manner as to not promote discrimination towards of disabled individuals. Recruitment and selection processes will grant equal opportunity for employment to qualified appUcants and will not discriminate on the basis of disabiUty.Reasonable accommodation will be provided upon request during an appUcation/interview process. 13.2 COMPLAINT PROCEDURE The Town of Fountain Hills adopts the following internal procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Equal Employment Opportunity Commission (EEOC) regulations implementing Title I of the ADA. Title I of the ADA states that "no covered entity shall discriminate against a qualified individual in regard to job application procedures, the hiring, advancement, or discharge of employees,employee compensation,job training, and other terms, conditions, and privileges of employment." a.Complaints should be filed with the Town Clerk.The Town Clerk has been designated to coordinate ADA compliance efforts.He or she shall maintain the files and records of the town relating to the complaints filed and ensuing investigations. b. A complaint may be filed either in writing or verbally.It shaU consist of the employee or complainants name and a brief description of the alleged violation of the ADA regulations.A complaint shall be filed within twenty (20)calendar days after the complainant becomes aware of the alleged violation. c. An investigation,as may be appropriate,shall follow a filing of complaint.The investigation shall be commenced by the Town Clerk,or the designee of the Town Manager,within ten (10)calendar days following the filing of complaint.The investigation will be informal but thorough,affording all interested persons and their representatives,if any, an opportunity to submit information relevant to such investigation. d. A written determination as to the validity of the complaint and a resolution of the complaint,if any, shaU be issued by the Town Clerk and a written copy mailed to the complainant within twenty (20)calendar days following the filing of the complaint. e.The complainant may request a reconsideration of the case determination of the Town Clerk in instances where he or she is dissatisfied with the resolution.The request for reconsideration shall be made within ten (10)calendar days following the date the complainant receives the determination of the Town Clerk. The request for reconsideration shall be made to the Town Manager.The Town Manager shall review the records of said complaint and may conduct further investigation when necessary to obtain additional relevant information.The Town Manager shall issue his or her decision on the request for reconsideration within twenty (20)calendar days of the fiUng of the request for reconsideration.A copy of said decision shall be mailed to the complainant.The decision of the Town Manager shall be final for aU town employees subject to Section 11 of these regulations. 14.DRUG FREE WORKPLACE 14.1 PURPOSE This policyestablishesa drug free workplace programfor theTown of FountainHills to: 1. ensure the health and safety of town employees 2. continue providing high quality services to the public 3. comply with federal and state laws/regulations for a uniform,government-wide drug free workplace effort The Town of Fountain HiUs' policy is based on the Drug Free Workplace Act of 1988 (Public Law 100-690,Title V,Subtitle D). This statute requiresanyrecipientof Federal funds (cities,towns,agencies,contractors,and/or individuals)to certify that they will provide drug free workplaces as a precondition of receiving funds from any federal agency. 14.2 POLICY The Drug Free Workplace policy prohibits the unlawful use, possession, distribution, dispensing or manufacture of alcohol or drugs in the workplace and/or in a job related activity. The Town of Fountain Hills reserves the right to take appropriate personnel action should such unlawful use, possession, distribution, dispensing or manufacture of these substances occur in the workplace. Being on the job or reporting for work under the influence of alcohol or drugs is prohibited. 14.3 PROCEDURES/RESPONSIBILITY a.This policy applies to all town employees and allows for more restrictive guidelines (where required or needed) for individual departments which may have positions of a sensitive, security or safety nature. Education and mandatory training concerning the Drug Free Workplace Program shaU be administered by the Administration Department with the fuU cooperation of aU departments. b. Failure of an employee tocomply withthis policy willresult in disciplinaryaction taken in accordance with estabUshed Town of Fountain HUls Personnel Rules. Disciplinary action includes, but is not limited to, suspension, demotion or termination from employment. c. This program is ongoing and shall include provisions for preemployment certifications that employees wiU notuse drugs inthe workplace,drug prevention c training during new employee orientation,and continued drug prevention training for all town employees. d. In support of this program the Town of Fountain Hills shall: 1.publish and distribute to all employees a poUcy prohibiting alcohol and drugs in the workplace 2.establish alcohol and drug free awareness through promotion of rehabilitation and/or abatement assistance programs 3.require employees to notify their respective department manager of abuse violations in the workplace 4. take appropriate personnel action when notified of such violations 5.report convictions of such violations within the Town of Fountain Hills workplace(s)to the appropriate federal agency 6.require appropriate clauses in contracts relating to this policy specifying alcohol and drug free workplace efforts expected of contractors,especially those receiving federal funds 7. make a good faith effort to maintain an alcohol and drug free workplace The Drug Free Workplace Program affirms the Town of Fountain Hills commitment to ensure a safe work environment for all employees and to increase employee awareness of alcohol and drug use prevention in the workplace.