Chapter 3.12
EMPLOYMENT
Sections:
3.12.010 Recruitment
3.12.020 Application
3.12.030 Examination/Testing
3.12.040 Interview Process
3.12.050 Reference Check
3.12.060 Errors and Omissions
3.12.070 Certification/Appointment
3.12.080 Types of Employment
3.12.090 Promotions, Demotions, Transfers and Reemployment
3.12.100 Employee Orientation
3.12.110 Employee Personnel Records
3.12.120 Employee Conduct
3.12.130 Outside Employment
3.12.140 Nepotism
3.12.010 Recruitment
A. Purpose. Recruitment and selection procedures are established to facilitate the employment of qualified personnel and to ensure conformance with various federal and/or state rules, regulations, laws or statutes. These procedures shall:
1. Ensure that all recruitment and selection processes shall be free from discrimination based on and individual’s race, color, national origin, age, sex, religion, disability, veteran status, or handicap/disability (except as allowed by applicable law);
2. Ensure an orderly systematic and competitive method of recruitment, ensuring that final selection will be predicated on job-related abilities and qualifications;
3. Appointments shall be made by the department head, with input from the Human Resources Director and final approval of the City Manager;
4. Any procedures herein which conflict with or are inconsistent with federal or state rules, regulations, laws or statutes shall not be applicable.
B. The Human Resources Director will administer and coordinate the hiring process for all position vacancies to ensure compliance with legal and equal opportunity requirements. All hiring efforts shall be conducted in the spirit of equal opportunity.
1. Optional Department/Human Resources Department Recruitment and Hiring. Individual city departments shall be responsible for their own recruitment and selection in coordination with the Human Resources Department to ensure that the appointing department adheres to all applicable federal and state requirements governing employment practices. The Human Resources Department may request that the appointing department perform all or part of the recruitment process. Reasonable efforts shall be made to attract a suitable number of applicants to compete for appointments.
C. Eligibility. Recruitment shall be from a geographic area as wide as necessary to assure obtaining qualified candidates. Selection, therefore, shall not be limited to residents of the city. However, in cases where residents and nonresidents are equally qualified, due consideration shall be given to residents first.
D. Disqualification. The Human Resources Department may refuse to examine an applicant or after evaluation may disqualify an applicant if it is found that the individual:
1. Does not meet the minimum qualifications established for the position;
2. Is determined to be physically or mentally unable to effectively or safely perform the duties of the position applied for, with or without reasonable accommodations, as long as such determination is not in violation of the Americans With Disabilities Act (ADA) and/or the Arizona Civil Rights Act;
3. Currently uses or has used controlled substances or other substances in a manner which may affect the applicant’s ability to safely, effectively and dependably perform the duties of the position;
4. Has used or attempted to use political pressure or unethical methods to secure an advantage in the evaluation process or in the appointment to a position within the city;
5. Has made a misrepresentation of fact in the selection process;
6. Has directly or indirectly obtained information regarding any selection process to which the applicant is not entitled;
7. Has failed to submit the completed application correctly or within the prescribed time limits;
8. Has taken part in the evaluation, compilation, administration or any related aspect of the selection process for which they are competing;
9. Has previously been discharged from a city position for a disciplinary reason or resigned from city employment without proper notice;
10. Has been convicted of a crime or has a record of convictions the nature of which would affect the applicant’s suitability for employment;
11. Has failed to appear for a scheduled interview;
12. Has failed any qualifying phase of the selection process;
13. Has a nonrenewed application that has been on file for more than six months;
14. Has a record of unsatisfactory performance on previous jobs;
15. Has a disqualifying relationship to a current city employee as described in Section 3.12.140.
E. Vacancies.
1. When a vacancy in a budgeted position becomes available within a department, the department head shall meet with the Human Resources Department to:
a. Discuss the requirements and classification of the position;
b. Review the most recent job description and note any changes. A current and approved job description must be on file before any recruitment will begin, including any new positions (budgeted or unbudgeted);
c. Complete a "City of Winslow Job/Advertising Requisition" form;
d. Discuss any additional information as needed (i.e., work location(s), specialized skill(s), certification(s) needed, any additional requirements, etc.);
e. Identify the contact person within the department through whom the Human Resources Department will coordinate recruitment;
f. Discuss starting salary and/or advertising salary;
g. Determine closing date for applications (if any).
2. For budgeted positions, the appointing department or the Human Resources Department will proceed with the recruitment and selection process via the procedures as outlined herein. The final selection will proceed as outlined in this and subsequent sections. No recruitment shall be initiated for unbudgeted positions until approved by the city council.
F. Advertising. The Human Resources Department shall make vacant positions available to city employees and/or to the general public in the following manners.
1. Internal Announcements. Internal announcements shall be by notice of no less than five working days. If suitable internal applicants have not been identified, an open position announcement will be prepared as per subsection B of this section. Current employees not applying for vacant positions during the five-day period will be considered as any other applicant if an open position announcement is generated.
a. Internal City-Wide Announcement. Internal city-wide announcements are open to all city employees.
b. Department Announcements. At the request of the department head and with concurrence of the Human Resources Department, advertising may be limited to only employees of the department having the vacancy.
2. Open Position Announcements. Open position announcements are used following an internal announcement which has not generated qualified applicants. Open announcements shall be by public notice for no less than an additional five working days. Copies of open position announcements shall be distributed to such individuals and organizations as the appointing department or personnel department deems appropriate.
3. Simultaneous Announcements. Simultaneous announcements are open announcements for vacancies for which an internal announcement is not required. Simultaneous announcements will be utilized for positions whose recruitment history or minimum qualifications are such that it would not be reasonable to conclude that current employees would normally apply or qualify.
4. A closing date shall be established for all vacant positions covered by an open position announcement unless authorized by the Human Resources Director as "open until filled."
a. Internal announcements shall be open a minimum of five working days.
b. Open and simultaneous announcements shall be open a minimum of five working days.
5. All position announcements shall specify the official title, annual starting salary range, typical duties, knowledge, skills, abilities and minimum qualifications, the final date for receipt of applications (if any), how and where to apply, and include the statement "Equal Opportunity Employer M/F/D/V."
6. Distribution and posting of announcements shall be provided by the Human Resources Department.
7. Notices of vacancies within the non-management service shall be made by placing and advertisement in a newspaper of local circulation at least one time and by posting notice of such vacancy with the State Job Service, City Hall or by such other means as the Human Resources Director may deem appropriate to publicize the opportunity of employment. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(301), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.020 Application
A. All applicants for city employment shall make application on forms provided by the Human Resources Department. The application shall include complete information relating to experience, training, residence and other pertinent information. The Human Resources Director will use the information to determine whether the applicant is eligible for a given class of employment.
1. Failure to accurately complete the application for employment form may be reason for disqualification.
2. Application forms, when submitted, shall become the property of the Human Resources Department.
B. The city may require certain job classifications to meet specific standards and/or special experience and training necessary for these classifications.
C. The Human Resources Director will reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applicants shall be rejected if the applicant has made any misstatement of any material fact or has practiced any deception or fraud in his application. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired. (Ord. 859, 2001; Ord. 670 § 1(302), 1995)
(Manual, Amended, 08/15/2001)
3.12.030 Examination/Testing
Applicants may be evaluated and tested to determine if they possess the minimum acceptable qualifications and skills for employment consideration. In no case shall selection of an applicant as a candidate for admittance to the examination process constitute assurance of passing rating on any aspect of the examination process.
A. Content of Examinations.
1. Examinations used in the selection process shall measure job-related skills or attributes, and if such examinations screen out or tend to screen out applicants with a protected disability, they will be consistent with business necessity.
2. In compliance with laws and regulations governing sound examination procedures, examinations shall be designed to evaluate acceptable minimum qualifications for a classification and/or to determine relative suitability.
3. The Human Resources Department or appointing department shall determine the acceptable rating or standards. Final rating may be based upon a weighted average of the various parts of the examination.
4. Examinations may be based on a single or multiple segment process. For some classifications (e.g., temporary position, no qualifying written examination will be required).
5. All examinations, evaluations, ratings and other selection devices or items will be rated impartially.
B. Conduct of Examinations.
1. Examinations will be conducted in such locations in the city as deemed necessary by the appointing department or Human Resources Department.
2. Examinations will be conducted at various times and dates as deemed necessary by the appointing department or Human Resources Department.
3. Upon request, and with sufficient advance notice, reasonable accommodations will be made for applicants with a protected disability to enable those individuals to participate in the examination process.
C. Examination Types.
1. Internal Examinations. All regular status city employees who wish to apply for a vacant position shall be required to meet the minimum, acceptable qualifications for the position. Qualifications may include written documentation from an employee’s current department attesting to his/her satisfactory job performance in his/her current classification.
2. External Examinations. Any member of the public who wishes to apply for a vacant position shall be required to meet the minimum acceptable qualifications for the position.
D. Examination Security.
1. The Human Resources Director shall establish internal procedures and take such precautions as necessary to safeguard the security and confidentiality of examination materials used by the Human Resources Department.
2. The appointing department head shall be responsible for the maintenance of all records pertaining to applications and examinations used by the appointing department.
E. Examination Records.
1. The Human Resources Director shall be responsible for the maintenance of all records pertaining to applications and examinations used by the Human Resources Department.
2. The appointing department head shall be responsible for the maintenance of all records pertaining to applications and examinations used by the appointing department.
F. Notice of Examination Results. An applicant tested by the Human Resources Department may request his/her final rating, which will be given as soon as possible after the examination process has been completed. (Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(303), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.040 Interview Process
The employment interview is a supplement to and part of the selection process. The primary function of the interview is to obtain data or certain knowledge of skills and/or abilities of a candidate not available through review of applications, resumes or other testing mechanisms. Certain guidelines will be observed to maximize the validity and reliability of the interview process as well as to ensure the adherence to current EEOC requirements.
A. The Human Resources Director in cooperation with the appointing department shall coordinate the interview process, including selection of panel members, scheduling candidates and development of interview questions.
B. The interview panel will be selected by the appointing department with input from the Human Resources Director. Generally no more than three individuals will serve on the interview panel, with exceptions being made for high profile positions, which may be determined on a case by case basis. The composition of the interview panel shall generally consist of personnel who have expertise with the technical elements of the positions and a member designated by the Human Resources Director. Careful selection will be made of panel members to ensure objectivity and job knowledge.
C. Reasonable accommodations requested from applicants with disabilities shall be allowed in order to ensure equal participation of the applicant.
D. The Human Resources Director and the appointing department shall be responsible for the development of interview questions and standards for measurement of candidate responses. Consistency will be maintained in the questions asked of all candidates. The questions must be job related and based on analysis of the position. Questions will be designed to measure job knowledge, experience, education or to solicit responses which reflect those personal traits which are job related. Questions which pertain to sex, race, religion, age, disability status, marital status or other inquires of prohibited information will not be allowed, except as provided by law.
E. Inquiries as to a candidate’s abilities to perform essential job functions with or without a reasonable accommodation are permitted when such inquiries are based on job requirements and are consistent with applicable disabilities laws.
F. Inquiries about whether a candidate has a disability are prohibited. The city may make a job offer that is conditioned on satisfactory results of a post-offer medical examination or inquiry, provided that all candidates who receive a conditional job offer in the same job category are required to take the same examination and/or respond to the same inquiries.
G. The appointing department will inform the interview panel of the responsibilities and requirements of the position to be staffed. Copies of the applications of final candidates will also be provided to the interview panel prior to the interview, along with proposed interview questions. A representative of the Human Resources Director will meet with panel members prior to the scheduled interview for an orientation on appropriate interview and assessment techniques needed to evaluate each candidate objectively.
H. Each evaluator shall assess the candidates independently.
I. Following the interview, the interview panel shall report the interview results and its recommendation(s) to the Human Resources Director. More than one candidate may be recommended to the Human Resources Department. (Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(304), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.050 Reference Check
A. Before any offer of employment is extended by the appointing department, the Human Resources Department and/or the appointing department will conduct a reference check on the final candidate(s). This check includes verification of employment duties, dates of employment, work record, attendance record, strengths, weaknesses, safety record and other pertinent information as deemed relevant by the Human Resources Director. All or parts of the reference check may be delegated to the affected department.
B. No reference check or background investigation will be conducted without first notifying the applicant of the investigation. The applicant’s signature on the application form constitutes a release permitting his/her references to provide the city with relevant information.
C. Police Department applicants will require a thorough background check and investigation as required by the Arizona Post Academy. These background checks will be conducted by the Police Department.
D. Results of the reference check and/or background check will help to determine the applicant’s fitness for the position. After receipt of all background information, a recommendation for hire will be forwarded to the appointing authority for final approval to extend an offer. (Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(305), 1995)
(Manual, Amended, 08/15/2001)
(Manual, Amended, 04/24/2002)
3.12.060 Errors and Omissions
After appropriate review, the Human Resources Director or appointing department head may approve an adjustment to the status of an applicant or a candidate for appointment to rectify any error or omission. (Ord. 859, 2001; Ord. 670 § 1(306), 1995)
(Manual, Amended, 08/15/2001)
3.12.070 Certification/Appointment
A. After references are verified and a final recommendation has been reached, the appointing department notifies the Human Resources Director. This recommendation shall be forwarded to the City Manager along with a personnel action form for final approval.
B. After approval by the City Manager, the appointing department then notifies the candidate of his/her selection and offers employment. For all positions, an employment confirmation letter will be forwarded to the accepting candidate outlining the terms of employment.
C. If the offer is rejected, it will be decided whether to make an offer to another candidate or to reopen the position.
D. Once a candidate accepts the employment offer, the appointing department will notify all other candidates in writing that they were not selected for the position.
E. Temporary Appointments.
1. Temporary (AT-WILL) appointments may be made at the discretion of the department head, after consultation with the Human Resources Director, upon approval of the City Manager.
2. Emergency appointments may be made by department heads, with approval of the City Manager, to meet the immediate requirements of an emergency condition such as extraordinary fire, flood, earthquake, plane crash or other disaster which threatens public life or property. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(307), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.080 Types of Employment
The types of city employment are:
A. Probationary (AT-WILL) employee;
B. Regular employee;
C. Temporary (AT-WILL) employee;
D. Seasonal/recreational employee;
E. On-call;
F. Volunteer. (Ord. 670 § 1(308), 1995)
3.12.090 Promotions, Demotions, Transfers and Reemployment
A. Promotions. Any qualified non-management employee in a regular position may be considered in the selection process for promotion to a position of a different classification in a higher salary range in the same or a different department as outlined in this recruitment and selection policy.
1. Probationary Periods.
a. Employees who have been promoted shall be subject to a six-month probationary period in the new position;
b. Police Department employees who have been promoted shall be subject to a six (6) month probationary period in the new position.
B. Demotions. An employee may be demoted to a position in a lower classification in a lower salary range for which he/she is qualified for any of the following reasons:
1. When an employee would otherwise be laid off due to abolition of the position;
2. Position reclassification to a higher classification for which he/she does not qualify;
3. Lack of funds;
4. Because of the return to work from authorized leave by another employee to the position currently occupied by the employee being demoted in accordance with the rules of leave;
5. When an employee does not possess the necessary qualifications to render satisfactory performance in the position held or when removed during probation;
6. When an employee voluntarily requests such demotion;
7. For disciplinary reasons as described in these policies and regulations;
8. For any other lawful reason which the city finds justified by its needs.
C. Transfers and/or Reassignments.
1. The city may make transfers and reassignments as deemed necessary to efficiently utilize manpower.
2. Transfers or reassignments that are punitive in nature based on disciplinary considerations or that result in a change to a lower classification or that result in a reduction in base pay must be in compliance with Section 3.20.100.
D. Reemployment.
1. An employee who has resigned with a good record (no disciplinary action within the twelve months prior to resignation), may be rehired if a vacancy exists. Such employee shall be considered a new hire and serve an original AT-WILL probationary period.
2. Such employees shall have a new hire date established and shall not have previously accrued sick leave balances restored. (Ord. 883, 2002; Ord. 670 § 1(309), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.100 Employee Orientation
A. All new, regular, full-time and regular, part-time employees of the city will be scheduled to meet with a representative of the Human Resources Department on their first day of work for general orientation. New employees will be scheduled to receive orientation and on-the-job training during the first phase of employment to acquaint the new employees with procedures, policies, benefits, safety and service provided by city and also with their working environment.
B. The Human Resources Director will distribute and explain the various enrollment forms and other documents that must be completed. Each new employee will be provided with information on employee benefits, city policies and operations.
C. The hiring department provides additional information to the new employee, including:
1. Work standards and regulations;
2. Hours of work, time cards or reports, leave requests, etc.;
3. Duties of the position;
4. Safety rules and procedures and location of safety or protective equipment;
5. Tour of the work area, including location of equipment, supplies, etc.;
6. Introduction of co-workers;
7. Schedule for lunch and breaks;
8. When and whom to report absence from work and any injury or accident;
9. Who his/her immediate supervisor is and who is responsible for performance planning and review.
D. Orientation to job assignments will be provided by the employee’s immediate supervisor. (Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(310), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.110 Employee Personnel Records
The Human Resources Director shall maintain an official personnel file on each employee. All material to be placed in the employee’s official file shall be made known to the employee and the appropriate department head. An employee may ask to review his/her individual personnel folder and to obtain copies of any materials. An employee may has the absolute right to prepare and submit a rebuttal to any material in the file. No such rebuttal material shall be removed without the consent of the employee. Employee access to his/her official personnel file shall be scheduled at the convenience of the employee and the Human Resources Director.
A. Content. Each employee’s official personnel file shall contain:
1. Employee application;
2. New employee form;
3. Employee beneficiary forms;
4. Personnel changes;
5. Notices of promotion;
6. Disciplinary actions;
7. Performance evaluations;
8. Job descriptions;
9. Emergency contact information.
10. All medical records will be maintained in a separate confidential file.
B. Access. Personnel files shall be protected from access by persons other than the following and shall be made available only in the presence of the Human Resources Director:
1. The employee or any individual who has notarized written authorization from the employee to review the personnel file. (The employee must be present whenever possible);
2. The City Manager or his authorized representative, Human Resources Director and Human Resources Department employees in the normal line of duty;
3. Officials acting in response to court orders or subpoenas;
4. The City Attorney, in cases of pending or contemplated legal actions or litigation.
C. Disclosure of Information. The following information will be provided to any person pursuant to Article 2, Chapter 1, Title 39, A.R.S.:
1. Name of employee;
2. Date of employment;
3. Current and previous class titles and dates received;
4. Name and location of current and previous departments of the city service to which the employee has been assigned;
5. Current and previous salaries and dates of each change.
D. Access to Other Files. The presence of copies of any item listed in subsection A of this section in any other informational file concerning an employee shall not in itself confer upon such employee any right of access to such file.
E. Control. The official personnel file will remain in the control of the Human Resources Department or its legal representative, unless otherwise ordered by a court of competent jurisdiction.
F. Security. Employee official personnel files will be maintained in lockable file cabinets in the City’s Human Resources Department. These cabinets will be unlocked only during working hours of the City’s Human Resources Department and during these hours, only when access to the file cabinets is under the control of city personnel officials.
G. Personnel files shall be protected from access by unauthorized persons.
H. The following information is generally available without authorization from the employee through the Human Resources Director or his/her designee: verification of data sufficient to ensure proper identity of an employee; verification of current employment status; and verification of current salary. Request for kinds of information not included above may only be considered when accompanied by a signed authorization from the employee or ex-employee or in accordance with subsections B and C of this section.
I. Requests for materials, subpoenaed or otherwise received in connection with civil or criminal actions or investigations must be submitted in itemized form. Items not specifically identified may not be provided. When an investigator seeks information, only the material specifically identified and requested shall be disclosed, and the investigator’s credentials shall be checked by the Human Resources Director and the City Attorney. If there is any doubt concerning the validity of the credentials or the appropriateness of the information requested, a written request for the material, including verification of credentials can be required before disclosure. All such requests shall be directed to the Human Resources Director. All subpoenas will be submitted to the City Attorney for review prior to providing a response. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 859, 2001; Ord. 670 § 1(311), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001; Manual, Amended, 05/27/1999)
3.12.120 Employee Conduct
A. Professional and Personal Conduct. The integrity and image of an organization is the integrity of the employees who comprise it; not just administration, but all employees. Therefore, it is important to recognize and accept standards of conduct on the job and off the job when one’s behavior reflects upon the city’s image and reputation in the community.
B. Residency. Emergency service employees, (as designated in writing by the City Manager, Police Chief, Fire Chief or Utility Department/Division Head) must be able to respond from their residences to emergency call-out situations within a ten-minute time frame.
C. Professional Attire at Work. Dress and personal appearance are representative of both personal and organization professionalism. The image of the city in the community is determined, in part, by the professional conduct of its employees. It is therefore imperative that each employee maintain a neat and clean appearance, as well as dress in a manner which projects a professional image to the public, to the extent allowed by his/her job. The city provides most departments with the uniforms necessary for this image. All department heads shall be responsible for the enforcement of this provision.
D. Professional Conduct at Work. The city encourages a relaxed and friendly atmosphere at work conducive to productivity, teamwork and high morale. However, human dignity and personal safety must not be compromised. Harassing or offensive behavior by employees will not be tolerated and shall be grounds for disciplinary action, up to and including termination. (See Section 3.20.110).
E. Appearance of Work Areas. Work areas are to be kept neat and presentable in the interest of safety and efficiency, presenting a professional appearance at all times for co-workers and visitors alike. No material shall be posted or displayed which detracts from the professional image of the workplace. Employees must refrain from posting material which would reasonably be viewed as derogatory on the basis of gender, race, ethnicity, ancestry, religion, or disability.
F. Use of City Vehicles and Equipment. Employees operating city vehicles and equipment are required to comply with all applicable state and local traffic laws. If safety belts are inoperable or are not provided, or an employee notes any other safety deficiencies in city vehicles or equipment, the employee should immediately contact his/her supervisor to report the deficiencies. Said vehicles and equipment shall not be used for personal use.
G. Chain of Command. The city encourages the use of a chain of command in all verbal and written communication among its employees. Employees should always attempt to communicate first with their immediate supervisor, unless an employee has an employment dispute or complaint that he/she feels involves that person. If an employee has such a complaint, he/she may request a meeting with any other supervisor in the chain of command including the City Manager or his designee, stating the reasons therefor. The contacted supervisor may render his/her decision either in written or verbal form.
H. Employee Safety and Reporting of Accidents. It is the responsibility of each city employee to report any observed actual or potential health or safety problem to a supervisor for corrective action as soon as practical upon observing or being made aware of such problem. All employees must comply with their department’s safety procedures and city safety policy.
Each city department may prepare specific safety procedures. These procedures must not be inconsistent with this ordinance/manual or with the city safety policy as deemed necessary by the risk manager/safety officer.
Any incident or accident involving employees or visitors to city facilities must be immediately, verbally reported to a supervisor. All employees are required to submit a written report of any incident to their supervisor, no matter how seemingly minor, by the end of the next working day (unless directed by the supervisor to report sooner). Such incidents might potentially involve, but are not limited to, claims against the city for disability compensation or liability claims.
I. Gratuities. Any person or employee who seeks appointment or promotion with respect to any city position or appointive office who shall directly or indirectly offers, gives, renders or pays any money, service or other valuable consideration to any person for or in connection with his/her test, evaluation, appointment, proposed appointment, promotion or proposed promotion shall be disqualified for employment. Any employee who has participated in the above described conduct shall be dismissed from employment with the city.
No person who holds any compensated city position shall accept a fee, gift or other valuable item in the course of performing the duties and responsibilities of his/her position. No exempt employee shall accept such fee, gift or other valuable item given by any person in hope or expectation of receiving a favor or better treatment than accorded other persons.
J. Political Activity.
1. City employees are covered by the Federal Hatch Act and the Arizona State "Little" Hatch Act. The policy regarding political activity shall be as follows. City employees shall not:
a. Use their official authority or influence for the purposes of interfering with or affecting the result of an election or nomination for office; or
b. Directly or indirectly coerce, attempt to coerce, commend or advise a state or local officer or employee to pay, lend or contribute anything of value to a political party, committee, organization, agency or person for a political purpose; or
c. Engage in any political activity during scheduled working hours while on duty; or
d. Be required by any city official or employee as a condition of employment, promotions or otherwise, to participate or not participate in any election campaign for any public office or in any partisan political activity whatsoever; or
e. Use or cause to be used any city facility, equipment or material for the purpose of any political activity.
2. Any city employee desiring to run for city, county, state or federal office may do so, as long as the aforementioned employment rules concerning political activity are followed.
3. Any city employee elected to any city office must resign from city service upon approval of the canvass of the votes. Any employee elected or appointed to any county, state or federal office must resign from city service upon approval of the canvass of the votes for that elected office, or if appointed, prior to official appointment to office. This does not apply to the school board, hospital board or any other office that is without remuneration.
4. A city employee who violates any provision of this section shall be subject to disciplinary action which may include demotion; suspension, with or without pay; or dismissal. This section is not intended to deny any employee any civil or political liberties as guaranteed by the United States and Arizona Constitution. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 723 § 1, 1997; Ord. 709 § 1, 1996; Ord. 670 § 1 (312), 1995)
(Manual, Amended, 04/24/2002; Manual, Amended, 08/15/2001)
3.12.130 Outside Employment
Outside employment by full-time personnel shall be allowed unless, in the opinion of the employee’s immediate supervisor or department head, such employment impairs his/her city job performance. Any decision precluding outside employment shall be a grievable issue. (Ord. 670 § 1(313), 1995)
3.12.140 Nepotism
A. Appointment of relatives of city employees to full-time or part-time positions shall be permitted, provided the relative is not employed in positions where:
1. One would be supervising the other;
2. A conflict of interest might arise concerning a question of internal control.
B. Relatives shall be defined to include:
1. Mother (in-law);
2. Father (in-law);
3. Sister (in-law);
4. Brother (in-law);
5. Daughter (in-law);
6. Son (in-law);
7. All blood relatives;
8. Husband;
9. Wife;
10. Step children;
11. Step parents/foster parent, legal guardian.
C. A full-time, part-time or temporary city employee may not be promoted or transferred into a position involving supervision by or of a relative. (Ord. 883, 2002; Ord. 670 § 1(314), 1995)
(Manual, Amended, 04/24/2002)