Chapter 3.28
POLICY ON MANAGEMENT PERSONNEL

Sections:

3.28.010    Purpose

3.28.020    Management Employee Defined

3.28.030    Terms and Conditions

3.28.040    Political Activity

3.28.050    Benefits

3.28.010 Purpose

The purpose of this policy is to clarify and define the employment status of management employees in the city. The objective of the management service is to create a responsive management team to carry out the goals and policies of the city. (Ord. 883, 2002; Ord. 700 § 1 (part), 1996)

(Manual, Amended, 04/26/2002)

3.28.020 Management Employee Defined

"Management (at-will) city employees" shall specifically include the following positions: city manager, city attorney, city clerk/treasurer, city magistrate, city engineer, police chief, fire chief, finance director, librarian, public housing director, human resources director, utilities manager, street/fleet manager, parks and recreation director, recreation manager, police lieutenants, fire captain, city planner I, accountant, administrative assistant, all volunteer personnel or personnel appointed to services without pay, consultants and counsel rendering temporary professional service, recreational/seasonal temporary employees, employees who serve under grant funded positions, and on-call personnel appointed to the Fire Department. (Ord. 1129 (part), 2010; Ord. 883, 2002; Ord. 818, 2000; Ord. 712 § 2, 1996: Ord. 700 § 1 (part), 1996)

(Manual, Amended, 04/26/2002; Manual, Amended, 03/02/2000)

3.28.030 Terms and Conditions

A.    All management employees serve in an at-will employment relationship with the Winslow City Council. All management personnel except volunteer personnel or personnel appointed to service without pay (not including boards, commissions and committees, consultants and counsel rendering temporary professional services), recreational/seasonal temporary employees and on-call Fire Department personnel, shall be hired or dismissed by the City Council.

B.    At-will employment is a relationship which is terminable at the will of either the employee or the City Council with or without cause and without liability as long as in the course of employment, the city does not violate any of the following employee rights:

1.    Civil rights;

2.    What is considered public policy protection (i.e., whistleblower, ADA, etc.); or

3.    Protected class employees or any protected action of the employee.

Nothing in this policy or in the Personnel Code of the city shall imply that any kind of contractual relationship exists between a management employee and the city. (Ord. 883, 2002; Ord. 700 § 1 (part), 1996)

(Manual, Amended, 04/26/2002)

3.28.040 Political Activity

A.    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:

1.    Use their official authority or influence for the purposes of interfering with or affecting the result of an election or nomination for office; or

2.    Directly or indirectly coerce, attempt to coerce, command 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

3.    Engage in any political activity during scheduled working hours while on duty; or

4.    Be required by any city official or employee as a condition of employment, promotion or otherwise, to participate or not participate in any election campaign for any public office or in any partisan political activity whatsoever; or

5.    Use or cause to be used any city facility, equipment or material for the purpose of any political activity.

B.    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.

C.    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.

D.    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. 723 § 2, 1997; Ord. 709 § 2, 1996: Ord. 700 § 1 (part), 1996)

3.28.050 Benefits

A.    Management (at-will) employees except volunteer personnel or personnel appointed to service without pay, (including boards, commissions and committees), consultants and counsel rendering temporary professional services, recreational/seasonal temporary employees and on-call Fire Department personnel shall:

1.    Be eligible for all regular benefits and leaves as outlined by the city of Winslow Code, Chapter 3.24 which includes but is not limited to the following: vacation leave; sick leave; Arizona State Retirement; employee medical, dental, and vision insurance; industrial insurance (worker’s compensation); family and medical leave; and Comprehensive Budget Reconciliation Act (COBRA);

2.    Be covered by any federal and/or state regulations which are applicable to public service employees such as: political activity; nepotism; gratuities; sexual harassment; discrimination and equal opportunity employment.

B.    In addition to the aforementioned regular benefits, management (exempt) employees shall be entitled to discretionary leave as provided below:

1.    All management (exempt) full-time employees shall be granted five (5) days of discretionary leave within each fiscal year.

2.    This leave shall be granted on July 1st of each fiscal year and may not be accumulated nor "banked" into another fiscal year.

3.    No payment for unused discretionary leave shall be made to any employee separating from city service.

4.    New hires will be allowed discretionary leave on a prorated basis. Leave will be granted at ten (10) hours per quarter until the end of the fiscal year from date of hire. (Ord. 883, 2002; Ord. 700 § 1 (part), 1996)

(Manual, Amended, 04/26/2002)