Article 4-1
POLICE DEPARTMENT

Sections:

4-1-1 Created; Composition

4-1-2 Appointment of Officers

4-1-3 Compensation of Officers

4-1-4 Departmental Rules and Regulations

4-1-5 Duties of Police Department

4-1-6 Answering Calls Outside the Town

4-1-7 Official Recognition of the F.O.P. Lodge #53

4-1-8 Public Safety Employee Relations and Processes

4-1-1 Created; Composition

There is hereby created a police department for the town which shall consist of a chief of police who shall also serve as town marshal, and as many police officers as may from time to time be deemed necessary by the council for the safety and good order of the town.

4-1-2 Appointment of Officers

The chief of police shall be appointed by the council and shall serve at the pleasure of the council. The council shall appoint police officers as may from time to time be deemed necessary for the safety and good order of the town.

4-1-3 Compensation of Officers

The chief of police and the police officers of the town shall be compensated as determined by the council. The chief of police shall not receive any perquisites, commissions or compensation for his services as chief of police, town marshal or tax collector except as the council may prescribe.

4-1-4 Departmental Rules and Regulations

The police department shall be operated and managed in accordance with such departmental rules and regulations as may from time to time be adopted by the council.

4-1-5 Duties of Police Department

It is the duty of the police department, under the direction of the chief of police, to:

A.  Enforce this code and the statutes of the State of Arizona within jurisdictional limits as conferred by law and to arrest and charge the violators thereof.

B.  Take charge of the town jail, if any, and all prisoners confined therein, and all those who are sentenced to labor on the streets or public works of the town and to see that orders and sentences with reference to such are fully executed and complied with.

C.  Deliver any persons who may be confined in the jail upon conviction of a crime committed under the jurisdiction of the magistrate’s court to any authorized officer of the town who shall at any time demand such prisoners. Any such authorized person so demanding and receiving such prisoners shall work such prisoners on the streets or alleys of the town or on any and all authorized work as may be determined by the council.

D.  Render such account of the police department, its duties and receipts as may be required by the council, and keep records of the office open to inspection by the council at any time.

E.  Direct traffic and ensure the orderly flow thereof and investigate and make reports of traffic accidents.

F.  Inspect and ascertain the condition of traffic control devices of every description which have been erected within the town on the authority of the council and to notify the council of any defects found therein.

G.  Perform such additional duties as may be required by the council.

4-1-6 Answering Calls Outside the Town

The members of the police department of the town are duly authorized to answer calls for aid and assistance beyond the corporate limits of the town pursuant to mutual aid agreements and state statutes.

4-1-7 Official Recognition of the F.O.P. Lodge #53

Public Safety Employee Associations are formally recognized as non-exclusive representatives of commissioned Oro Valley police officers with a rank of Sergeant or lower.

(03-27, Amended, 08/20/2003; (O)99-33, Amended, 04/21/1999)

4-1-8 Public Safety Employee Relations and Processes

A.  Preamble

The citizens of Oro Valley have a fundamental interest in the development of harmonious and cooperative relations between Management, Elected Officials, Administrators and public safety employees of the Town.

Public safety employees have the right to join employee associations which comply with the laws of Arizona and to present proposals and testimony to the Town Council, and not to be discharged, disciplined or discriminated against because of the exercise of those rights.

The Town of Oro Valley, its public safety employees and employee associations have a basic obligation to the public to assure the orderly and continuous operations and functions of government.

Strikes, work stoppages, slowdowns, and other concerted efforts designed to disrupt Town of Oro Valley services, are contrary to the public good and are strictly prohibited.

B.  Purpose

It is the purpose of this Section to obligate the Town management, public safety employees and their representatives, acting within the framework of law, to enter into discussions with an affirmative willingness to communicate and resolve issues that significantly impact working conditions. It is also the purpose of this Section to promote harmonious employer - employee relations by providing a uniform basis for recognizing the right of public safety employees to join, or to refrain from joining, an association of their own choice. Also, it is their right to be represented by such association(s) in their dealings with the Town in accordance with the provisions of this Section. Additionally, this Section provides that the results of agreements between the employer and its public safety employees shall be drafted into written Memorandums of Understanding.

C.  Public Safety Employee Group

The employees eligible to participate in determining annual representation, in accordance with Part D below, include: Police Officers with the rank of Sergeant and below who are not in the academy, in field training or on reserve status as of August 1st of each year; and non-exempt civilian employees assigned to, supervised by or otherwise under the control of the Police Department.

D.  Representation

Employee associations wishing to represent public safety employees shall submit a memorandum to the Town Manager by August 1st of each year, indicating their desire to represent the public safety employee group.

In the event that only one employee association seeks to represent the public safety employee group, the Town Manager shall designate that employee association as the official organization for representation purposes provided for by this Section.

In the event there is more than one employee association seeking to represent the public safety employee group, authorized representation for the group shall be determined by the presentation of a petition to the Town Manager containing the signatures of at least fifty percent (50%) plus one (1) of the employees in the public safety employee group by September 1st. The petition shall identify the employee association designated to represent those employees. Upon verification of the signatures by the Town Clerk and Human Resources Department, the Town Manager shall designate the named employee association as the official organization for representation purposes provided for by this Section.

After the representative Association is designated, the public safety employee group shall designate a Public Safety Negotiation Committee ("PSNC") comprised of four (4) members of the public safety employee group.

E.  Meeting and Conferring

By October 1st, the Town Manager or his/her designee shall notify the Association and the PSNC of the selection and names of the Management Negotiation Committee ("MNC") members. The PSNC shall submit proposals relating to wages, benefits, hours, safety regulations and other working conditions by November 30th of each year to the Town Manager or his/her designee.

Upon receiving a proposal from the PSNC, the Town Manager or his/her designee shall submit a written response to the proposal within a reasonable time thereafter which shall be not more than forty-five (45) days after the receipt of the proposal.

Within thirty (30) days from the receipt of the Town Manager’s response, the PSNC and the MNC shall begin "meeting and conferring" at mutually agreed upon locations and times, for the purpose of entering into a written Memorandum of Understanding. The process shall be conducted in good faith by both parties. Meetings shall take place until an agreement is reached, or impasse is declared. Time spent by the PSNC in meet and confer-related meetings shall be regular duty hours. Regular duty hours time spent in non-negotiation meet and confer-related meetings shall be reasonable and require prior approval by Police Department Command Staff.

Any final agreement reached by the MNC and the PSNC shall be in writing and signed by authorized persons. Those areas not agreed to shall be outlined as matters in dispute.

Not later than April 15th, all areas of agreement, as well as those matters in dispute shall be brought forward at the next practical Town Council meeting. With due consideration of all matters, the Town Council may accept, reject, or modify those areas of agreement. The Town Council may also take whatever actions they feel appropriate with regard to those matters in dispute. Final action by the Town Council shall constitute the Memorandum of Understanding for the following fiscal year only.

All time limits in this Section may be waived by mutual agreement of the MNC and the PSNC.

F.  Conflict with Arizona State Law

In the event that any provision of this Section is in conflict with Arizona state law, including the Arizona Constitution, statutes, or court decisions, then to the extent of the conflict Arizona state law shall prevail over this Section. Any such conflict shall not impair the validity of all other provisions herein not in conflict with Arizona state law.

(05-44, Amended, 11/02/2005; 04-28, Amended, 10/06/2004; 03-27, Amended, 08/20/2003; (O)99-34, Amended, 04/21/1999)