CHAPTER XXV. PERSONNEL SYSTEM

1 Purpose and policy.

1.    It is the purpose of this chapter to designate those City employees in the classified services; set forth the rights and privileges of those employees; and to state the City’s obligations in establishing and maintaining a merit system.

2.    The City has determined the necessity of establishing a merit system of personnel administration based on merit principles and professional methods governing the appointment, tenure, promotion, transfer, layoff, separation, discipline, and other incidents of employment relating to City employees. These merit principles include:

a.    Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applications for initial appointment;

b.    Providing equitable and adequate compensation;

c.    Training employees, as needed, to assure high-quality performance;

d.    Retaining employees on the basis of the adequacy of their performance, and separating employees whose inadequate performance cannot be corrected;

e.    Assuring impartial treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed or handicap, and with proper regard for their privacy and constitutional rights as citizens; and

f.    Assuring that employees are protected against coercion for political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office.

(Election of 11-3-1981)

2 Civil Service Board.

1.    There is hereby created a Civil Service Board to consist of five (5) residents, citizens and electors of the City to be appointed by the City Council, to serve (3)-year staggered terms to be fixed by the Council.

2.    In the event of a vacancy, the vacancy shall be filled through an appointment by the Mayor for the unexpired term, subject to the approval of the Council. Not more than three (3) of the members shall be adherents of the same political party, and no member shall hold any other salaried public office.

3.    Three (3) Board members shall constitute a quorum for the transaction of Business. Any Board member who fails to attend meetings of the Board in accordance with attendance standards set by the Council for City boards and commissions may be removed from his/her membership by the Council.

(Election of 11-3-1981)

3 Powers and duties of the Board.

The Board shall:

1.    Adopt such rules and hold such hearings as it finds necessary in order to perform the duties and responsibilities vested in it by this chapter.

2.    Submit periodic advisory reports to the Council regarding the activities of the Board as they relate to the application of merit principles in City personnel management.

3.    Notwithstanding the provisions of Chapter III, Section 2B(1) of this Charter the Board shall hear appeals from disciplinary demotions, discharges, and suspensions by classified employees who have completed the prescribed probationary period. The Board may delegate to hearing officers the authority to conduct hearings. The decisions of the Board shall be final and binding.

4.    Administer oaths, compel attendance of and examine witnesses and compel production of and examine documents.

5.    Hear appeals from classified employees from interpretations of the personnel rules approved by the Council.

6.    Propose personnel rules and amendments thereto.

(Election of 11-3-1981)

4 Legal representation.

The Board may retain legal counsel as necessary to serve as an advisor to the Board.

(Election of 11-3-1981)

5 City service.

1.    The City positions exempt from classified service shall be comprised of:

a.    Elected officials.

b.    Personal secretary to the Mayor and such staff to the Mayor as may be authorized by ordinance.

c.    City Judges.

d.    City Manager.

e.    Personal Secretary to the City Manager.

f.    Assistant City Attorneys.

g.    Interns.

h.    All part time and temporary employees.

i.    Assistant City Manager.

j.    Department heads.

k.    Urban Service Managers.

l.    Street Transportation Administrator.

m.    Executive Assistant to the Council.

n.    Assistant to the City Manager.

o.    Executive Assistant to the City Manager.

p.    Special Assistant to the City Manager.

q.    And such other positions designated by the City Manager that are consistent with items d. through p.

2.    The classified service shall be comprised of all other positions in the employ of the City existing on the effective date of this chapter.

(Election of 11-3-1981)

6 Personnel Official.

The City Manager shall be the City’s Personnel Official. The City Manager may delegate any of the powers and duties conferred upon him as Personnel Official to any other officer or employee of the City.

The Personnel Official shall:

1.    Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the Civil Service Board pursuant to Sec. 3 herein or to the City Council pursuant to Sec. 7 herein.

2.    Propose and promulgate personnel rules and amendments thereto.

3.    Enforce approved personnel rules.

4.    Prepare a position classification plan.

5.    Prepare and maintain a compensation plan covering all employees.

6.    Provide recruitment and selection for positions in the classified and unclassified service.

7.    Perform all other duties required to administer the City Personnel System.

(Election of 11-3-1981)

7 Action Required by Council.

The Council shall approve by ordinance, resolution or formal action the:

1.    Personnel rules.

2.    Position classification plan.

3.    Compensation plan.

(Election of 11-3-1981)

8 Proposal and promulgation of personnel rules.

1.    The Personnel Official or the Civil Service Board shall propose personnel rules. Subject to approval by the City Council the Personnel Official shall promulgate such rules after notice and opportunity for comments from affected parties are given.

2.    The rules shall establish regulations, subject to the provisions of this chapter and related ordinances, governing the Personnel System including but not limited to the following:

a.    Preparation, installation, revision and maintenance of a position classification plan covering all positions in the City service.

b.    Preparation, installation, revision and maintenance of a compensation plan covering all positions in the City service.

c.    Selection practices and procedures.

d.    Establishment of probationary periods.

e.    Evaluation of employees during the probationary and continuing periods of employment.

f.    Appointment, transfer, promotion, demotion, reinstatement, disciplinary action and layoff and recall of employees in the City service.

g.    Administration of sick, industrial and military leaves.

h.    Separation of employees from the City service.

i.    The establishment of adequate personnel records.

j.    The establishment of appeal procedures concerning the administration of this chapter and any rules adopted hereunder.

k.    Employee residence requirements.

(Election of 11-3-1981)

9 Equal employment opportunity.

The City shall administer the Personnel System in a manner consistent with federal, state and local laws, rules and regulations concerning equal employment opportunity and affirmative action.

(Election of 11-3-1981)

10 Employees to retain positions.

Notwithstanding the provisions of Section 5 above, all employees who were deemed as "classified" at the time this chapter takes effect shall remain as "classified" employees until discharged, demoted, or promoted in accordance with the provisions of this chapter, and the personnel rules governing same.

(Election of 11-3-1981)

11 Political activity.

1.    No officer or employee of the City shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution on behalf of any candidate for City of Phoenix elective office from any person holding a position with the City.

2.    No person holding a position with the City, except elected officials, shall take any part in political management, affairs or campaigns in any election for City of Phoenix elective office further than to vote and privately express opinions.

(Election of 11-3-1981)

12 Penalty.

Any person violating any provisions of this Chapter is guilty of a Class I misdemeanor.

(Election of 11-3-1981)

13 Repeal.

Article VI entitled "Civil Service" of Chapter 2 of the Code of the City of Phoenix, 1969, is hereby repealed.

(Election of 11-3-1981)

14 Strikes and binding arbitration prohibited.

A.    The continued availability of City facilities and services is essential to the health, safety, and general welfare of all of the residents of the City and decisions relating to them should be informed management choices which are neither coerced by strikes nor imposed by third parties.

B.    An employee of the City of Phoenix shall not in any manner participate in any strike against the City of Phoenix or any of its agencies.

C.    Violation of this section by an employee of the City of Phoenix shall constitute a voluntary resignation from City employment and such employee forfeits and is no longer entitled to civil service, seniority, merit system or other employment protection. Following resignation by participating in a strike against the City of Phoenix, such employee shall not be eligible for rehire except by specific determination by the City Manager. Any employee thus rehired shall be placed in the class from which he resigned and in a pay grade at least one step below the one occupied at the time of resignation, except that an employee rehired under this paragraph who was at the lowest pay step in his class at the time of his resignation may be rehired at the pay step occupied at that time. Any employee rehired under the terms of this paragraph shall receive no increase in wages, salary, or employer contribution to any other benefits for a period of 12 months following his rehire.

D.    A classified employee may have his alleged violation of this section adjudicated in accordance with the procedures used for testing terminations under the City of Phoenix civil service system. The only issue to be thus adjudicated shall be whether or not the employee violated this section.

E.    Definitions.

(1)    "Employee" means any persons holding any position with the City of Phoenix, by hire or by appointment, and includes both classified and unclassified positions under the City’s civil service system.

(2)    "Strike" means the failure to report for duty, the absence from one’s position, the stoppage or deliberate slowing down of work or the withholding, in whole or in part, of the full, faithful and proper performance of the duties of employment, in concerted or contemporaneous action with others, for the purpose of inducing, influencing or coercing a change in the conditions, hours, compensation, rights, privileges or obligations of employment by the City of Phoenix.

F.    The City of Phoenix may not use or agree to a method or procedure for determining the compensation, hours and conditions of employment of its employees, including binding interest or grievance arbitration, which prohibits the City Council or the City Manager from disapproving or altering such determinations. Alteration or disapproval by the City Council shall be by a simple majority of those members of the Council present and voting. Nor shall the City be subjected to such methods or procedures by any other governmental entity.

G.    Except for the prohibition contained in paragraph F., above, all other decisions regarding methods or procedures for determining the compensation, hours, and conditions of employment of City of Phoenix employees are reserved to and are to be made by the City Council or the City Manager.

H.    If any of the provisions of these amendments, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these amendments which can be given effect without the invalid provision or application, and to this end, the provisions of these amendments are declared to be severable.

I.    The provisions of this article shall be self-executing.

(Election of 11-1-1983)