CHAPTER 1-20: CITY PERSONNEL

SECTIONS:

1-20-1:    GENERAL PROVISIONS:

1-20-2:    FAIR EMPLOYMENT PRACTICES:

1-20-3:    RESPONSIBILITIES OF THE PERSONNEL OFFICER:

1-20-4:    DUTIES OF THE CITY MANAGER:

1-20-5:    CLASSIFIED AND UNCLASSIFIED SERVICE:

1-20-6:    CHECKING OF PAYROLLS:

1-20-7:    DEFINITIONS:

1-20-8:    RECRUITMENT, SELECTION AND PROMOTION:

1-20-9:    SELECTION:

1-20-10:    ESTABLISHING PRIORITIES FOR HIRING:

1-20-11:    PROMOTIONAL PROCEDURE:

1-20-12:    PROBATION:

1-20-13:    CLASSIFICATION PLAN:

1-20-14:    PAY PLAN:

1-20-15:    LEAVE POLICY

1-20-16:    RESTRICTIONS ON POLITICAL ACTIVITY AND SOLICITATIONS:

1-20-17:    DISCIPLINE:

1-20-18:    POWERS OF DEPARTMENT HEAD OR SUPERVISOR:

1-20-19:    GRIEVANCE PROCEDURES:

1-20-20:    GRIEVANCE BOARD:

1-20-21:    PRESENT BENEFITS:

1-20-22:    SEVERANCE CLAUSE:

1-20-23:    AFFIRMATIVE ACTION PROGRAM:

1-20-24:    CONFLICT WITH CHARTER:

1-20-25:    MODIFICATIONS:

1-20-1 GENERAL PROVISIONS:

The general purpose of this Ordinance is to establish for the City of Prescott a system of personnel administration that will assure optimum utilization of the human resources employed by the City of Prescott to effect the social, economic and other program needs of the people of the city as these needs now or in the future may be established. This system shall provide means to recruit, select, develop and maintain an effective and responsible work force; and shall include policies and procedures for employee hiring and advancement, terminations, training and career development, job classification, salary administration, discipline, discharge and related activities.

1-20-2 FAIR EMPLOYMENT PRACTICES:

All appointments, promotions, demotions, separations and other employment transactions in the City service shall be made on the basis of merit and fitness without regard to race, color, sex, place of national origin, political or religious affiliation; using open competitive selection procedures, examinations or other evidence of fitness.

1-20-3 RESPONSIBILITIES OF THE PERSONNEL OFFICER:

The City Manager may appoint a Personnel Officer of the City, who will be charged with carrying into effect these rules and regulations. The City Manager, however, maintains ultimate responsibility for all personnel functions.

The Personnel Officer shall be responsible for recruiting, evaluating, selecting and referring of personnel, classification administration, administration of performance rating system and personnel rules, maintenance of employment records, and payroll reviewing.

Under the direction and control of the City Manager and in cooperation with the department heads, the Personnel Officer shall be responsible for training and safety, wage and salary administration, benefit and service award programs, personnel relations, personnel research studies and for employee counseling.

The Personnel Officer shall, in person or through delegation:

(A) Appoint all employees of the department of personnel and in the area of administrative services, and to direct and/or control their work and, under the customary financial procedures of the City;

(B) Establish and maintain a roster of all employees showing the salient facts of the employment history of each employee;

(C) Prepare rules, including a classification plan, drafts of legislation for recommendation to the City Manager in matters requiring such legislation, including a compensation plan, and changes as deemed desirable from time to time in such rules and legislation;

(D) Allocate each position in the classified service to its appropriate class in the classification plan adopted under the provisions of this legislation, and reallocate positions as conditions warrant, from class to class;

(E) Prepare and maintain appropriate definitions of classes and grades in the classification plan and amend them from time to time as warranted;

(F) Hold examinations for employees, pass upon the qualifications of all applicants, and establish eligible lists as needed, and to certify names of eligibles to department heads for filling all vacancies;

(G) Cooperate with department heads and others in providing programs of training for employees, for employee welfare, for promoting of employee morale, and for otherwise raising of standards of performance in the service in every practicable way;

(H) Pass upon, for compliance with the provisions contained herein, and approve or disapprove as to compliance therewith, all appointments, demotions, transfers, promotions, service ratings, leaves of absence, changes in rates of pay, suspensions, separations and other employment transactions affecting the status of employees;

(I) Make such investigations as are deemed desirable with respect to the enforcement and effect of the personnel law and rules, and such special investigations as the City Manager may request and make special reports relative thereto;

(J) Devise and recommend to the City Manager a compensation plan consisting of scales of pay for the several grades or classes in due relation to each other and to rates prevailing for like employment in private industry or government agencies, rules for the interpretation and application of the plan, and changes in such plan and rules from time to time as deemed desirable;

(K) Establish a policy for layoffs by reason of lack of funds or work, or abolition of a position, or material change in duties or organization, and for reemployment of employees laid off;

(L) Make such administrative regulations as are deemed necessary, not inconsistent with the personnel law and rules, relative to matters involved in the administration of the personnel provisions of such law and rules;

(M) Make, if deemed necessary, annual reports to the City Manager for his (her) approval on the work of the department and the administration and effect of this law, with such recommendations for action as he (she) may deem desirable, and such special reports as may be requested by the City Manager;

(N) Aid the City Manager and department heads in determining the numbers and kinds of positions needed to carry on the City’s business and in discovering and labeling unnecessary positions in order that they may be designated as supernumerary;

(O) Aid the City Manager and department heads in all practicable ways in handling other personnel matters relating to positions under their jurisdictions;

(P) Perform duties necessary or proper for making effective the provisions of this law and all rules and ordinances adopted in pursuance thereof, and not inconsistent therewith. The power of the Personnel Officer to make effective the provisions of this law and of ordinances shall not be deemed to be contingent on the adoption of rules but, in the absence of rules that are applicable, the Personnel Officer shall have power to take such action, not inconsistent with this law as may be reasonably necessary and proper to effectuate the purposes thereof; and

(Q) To adopt, in cooperation with the City Manager, rules and regulations for City employees which are not otherwise inconsistent with the City Charter, City Code or State Statutes. (Ord. 2279, 6-25-91)

1-20-4 DUTIES OF THE CITY MANAGER:

The City Manager maintains the ultimate authority and responsibility for the handling of all personnel matters. This authority includes, in addition to those powers defined in the City Charter, the power to: hire, dismiss, promote, transfer, classify, reclassify and change the pay range of City employees for the purpose of utilizing officers and employees of the City. Subject to the provisions of the City Charter, the City Manager maintains authority and responsibility. (Ord. 1111, 5-12-75)

1-20-5 CLASSIFIED AND UNCLASSIFIED SERVICE:

The work force of the City is divided and classified into the classified and unclassified service. (amd. Ord. 3186, eff. 5-12-94)

(A) The unclassified service shall be comprised of the following:

1. All officers elected by the people.

2. All members of appointive boards and commissions.

3. Volunteer personnel, interns and personnel appointed to serve without pay.

4. Consultants and counsel rendering temporary professional services.

5. Temporary employees (amd. Ord. 3696, eff. 12-25-97)

6. City employees who are appointed by the Council, pursuant to applicable City Charter provisions.

7. Department heads who are appointed by the City Manager.

(B) The classified service shall include and embrace all other positions, offices and employment of the City now existing or hereafter to be created.

(C) No one occupying a position in the unclassified service shall have access to the grievance procedure. Unclassified employees shall serve at the pleasure of either the City Manager or City Council, as determined by the City Charter.

(D) Personnel serving under grants or other programs in which agencies or other governmental units, other than the City, provide the funding for the positions that are normally classified. The only exceptions to this shall apply when the grantor places conditions, such as funding limits, upon such positions. (Ord. 1577, 3-22-82)

1-20-6 CHECKING OF PAYROLLS:

(Deleted Ord. 3186, eff. 5-12-94)

1-20-7 DEFINITIONS:

(A) "Applicant" means a person who has filed an application for a position.

(B) "Appointing Power, Authority or Officer" means the City Manager or other legally designated official having the power of appointment and removal of employees.

(C) "Appointment": (amd. Ord. 3696, eff. 12-25-97)

Full-time Regular means appointment to an authorized position requiring the services of an employee on a full-time, year round schedule.

Part-time Regular means appointment to an authorized position requiring the services of an employee on a less than full-time, year round schedule.

Temporary means appointment to a non-regular position, on either a full or part-time basis, for not more than twelve (12) consecutive months, unless employment is sporadic and on an as-needed basis, or for a special project of a specified duration in excess of twelve (12) months, as approved by the City Manager.

(D) "Candidate" means a person participating in an examination.

(E) "Class or Classification" means a position or group of positions, either permanent or part-time, sufficiently similar in respect to their duties and responsibilities that similar requirements as to education, experience, knowledge, ability and other qualifications are required of the occupants, and the same tests of fitness are used to choose qualified employees and the same schedule of compensation can be made to apply with equity under the same or substantially the same employment conditions.

(F) "Class Title" means the designation given to a class, to each position allocated to the class and to the occupant of each position.

(G) "Classification Schedule or Plan" means the plan, system or schedule for the classification of all positions in the classified service, based upon the duties, responsibilities and qualifications of each position, which is approved by the City Council.

(H) "Classified Service" means all offices, positions and employments in the service of the City of Prescott except those expressly exempt or designated as unclassified.

(I) "Demotion" means a unit of the administrative branch of the City government including a line of work and a group of employees under the immediate charge of a director who shall be known as the department head.

(K) "Discharge, Dismissal or Removal" means the separation of an employee from City employment.

(L) "Eligible" means a person whose name is recorded on a current original employment eligible, reinstatement, promotional or layoff list. (Ord. 1111, 5-12-75)

(M) "Employee" means a person who is legally an occupant of an appointed, salaried position in the classified or unclassified service, or who is on an authorized leave of absence and whose position is held open for him (her) upon his (her) return. (Ord. 1577, 3-22-82)

(N) "Employment Lists" means lists of persons who successfully qualified for employment as determined by the various methods of evaluating qualifications. Employment lists may include, but are not necessarily limited to, "Layoff Lists", "Reinstatement Lists", "Promotional Lists" and "Original Employment Eligible Lists". (amd. Ord. 3696, eff. 12-25-97)

(O) "Examination" means the appraising of a candidate by the use of measurements which will determine if the candidate has the qualifications required of the class for which he (she) is being evaluated.

(P) "Layoff List" means a list of names of persons who were laid off from a class, or from service on account of lack of work or funds and whose names were placed on said list by the department heads affected.

(Q) "Original Employment Eligible List or Register" means an officially promulgated list of eligibles for a class of position arranged in the order of their final ratings derived from evaluations of their qualifications for the class of position. Eligibility achievement shall be by open competition.

(R) "Position" means a specific office or employment, whether occupied or vacant, calling for the performance of certain duties and the carrying of certain responsibilities by one individual, either on a full-time, part-time or seasonal basis. (Ord. 1111, 5-12-75)

(S) "Promotion" means an advancement of an employee from one class to another class having a higher maximum rate of pay. Additional pay ranges allowed for special assignments within a class shall not constitute a promotion. (Ord. 1379, 10-22-79)

(T) "Promotional List" means a list of names of employees, who successfully completed promotional competitive test of fitness for a class of position, ranked according to their relative percentages attained in the test.

(U) "Public Notice" means giving notice either by posting or publication or both.

(V) "Reinstatement List" means a list of names of persons who resigned from service and whose names were placed on such list by the Personnel Officer upon request of eligible applicant.

(W) "Seasonal or Part-Time Position" means any position in the work force which requires the service of an incumbent during certain parts of each year, or for less hours than required by the class of position.

(X) To "serve an employee by process" means:

1. Personal service of any order of removal, etc. by delivery to the person named or to any member of his (her) family over the age of sixteen (16) residing at his (her) usual place of residence.

2. Deposit of the order in the United States mails, registered return receipt requested, postage prepaid, addressed to the last known address of the person to be served, and the return of the receipt showing that the person named received it.

(Y) "Suspension" means the temporary separation of an employee from his (her) position for disciplinary reasons without pay.

(Z) "Trainee" means an employee in a transitional classification designed to provide instruction and work experience.

(AA) "Transfer" means the assignment of an employee from one position in the City service to another position for which the employee possesses the qualification requirements and the pay range of the new position does not exceed that of his (her) present position. (Ord. 1111, 5-12-75)

(BB) "Unclassified service" means all positions designated in Section 1-20-5(A) of the Prescott City Code and Article IV, Sections 2, 3 and 4 and Article XI, Section 4 of the City Charter. (Ord. 1577, 3-22-82)

1-20-8 RECRUITMENT, SELECTION AND PROMOTION:

(A) Notice of vacancies within the classified service shall be made by placing an advertisement in a newspaper of local circulation at least one time or by posting notice of such vacancy at City Hall, or by such other means as the City Manager may deem appropriate to publicize the opportunity of employment. If a vacancy in the classified service is to be filled through promotion, or through the use of an existing employment list, established pursuant to this Section, the notice of the vacancy may not be required. In all other cases, the position should not be filled until five (5) calendar days following publication of notice in a newspaper in local circulation or until notice of the vacancy has been posted at City Hall for a period of (5) consecutive days, except in cases of dire need or emergency as determined by the City Manager.

(B) Application for City employment in the classified service shall be made on forms provided by the City. Resumes, letters of reference, and other material which may assist in determining the ability of the applicant may be submitted with an application for employment. All applications for employment, together with any accompanying materials, become the property of the City, and will not be returned to the applicant unless arrangements for such return are made at the time of application. Applications for City employment will be retained on file by the Personnel Director for a period of ninety (90) days or for so long as the name of the applicant remains on the active employment list, whichever shall be longer.

(C) All examinations for employment in the classified service shall be impartial and shall deal with the duties and requirements of the position to be filled. When oral tests and interviews are used a competent record of questions and answer shall be made. Examinations, tests and interviews shall be in the charge of the Personnel Officer. The Personnel Officer may call on other persons to assist in the conduct of examinations, tests and interviews.

(D) In case of vacancy in a position requiring peculiar and exceptional qualifications of a scientific, professional or expert character, upon satisfactory evidence that competition is impractical and that the position can best be filled by the selection of some designated person of recognized attainments, the Personnel Officer may suspend competition. This provision also applies to all supernumerary personnel.

(E) All persons in the City service holding positions in the classified service as established by this Ordinance at the time it takes effect shall retain their positions until discharged, reduced, promoted or transferred in accordance with the provisions of this Ordinance, and departmental rules and regulations.

(F) The Personnel Officer shall maintain records of all persons in the City service showing in connection with each name the position held, the date and character of every appointment and of every subsequent change in status. Each head of a department shall promptly transmit to the Personnel Officer all information required for the establishment and maintenance of these records. (Ord. 1111, 5-12-75)

(G) The Personnel Officer may require persons who apply for positions in the classified service of the City to have their fingerprints taken by the City Police Department prior to their hiring as employees of the City of Prescott. One copy of these fingerprints shall be taken by the Police Department and transmitted to the Department of Public Safety, Federal Bureau of Investigation, and Department of Justice for the purpose of securing a report from the records of these agencies. The Personnel Officer may withhold final appointment to any classified position in the City until he has received return of the fingerprint information and, upon return of the information, a copy of the fingerprint card and record will be placed in the employee’s personnel file. (Ord. 1124, 10-13-75)

1-20-9 SELECTION:

When applicable notice requirements as provided in subsection 1-20-8 (A) above have been met, or when a sufficient number of applications for a vacant position have been received from individuals who on the face of their applications, meet the minimum requirements for the position, the Personnel Officer shall evaluate the applications and rank them in order of relative fitness for the position in question, forwarding the applications of the highest rated candidates to the department head. In making his (her) evaluation, the Personnel Officer may make use of any combination of written or oral performance, physical agility, and medical examinations, as well as analysis of work history and previous employment, together with such other techniques of evaluation as he (she) may deem appropriate. Those individuals who, on the face of their applications, do not meet the minimum standards for the position, together with those individuals who, upon investigation, are found not to possess the minimum requirements for the position, will be dropped from further consideration.

1-20-10 ESTABLISHING PRIORITIES FOR HIRING:

Qualified applications of candidates for employment in the classified service will be given in order of rank or score from the highest to the lowest of such applications and shall constitute an employment list. Employment applications shall remain active for a period of six (6) months or until eligible candidate whose names appear on the applications have been employed or offered employment, whichever period of time shall be shorter.

1-20-11 PROMOTIONAL PROCEDURE:

When vacancies occur in positions above the entry level in the classified service, the Personnel Officer with concurrence of the City Manager may elect to fill the vacancy through internal promotion. In such cases, notice need not be placed in a newspaper of local circulation and posted notices of the vacancy shall bear the notation "Promotional Opportunity". Notice of promotional opportunities shall be made by posting a notice as described in paragraph 1-20-8 (A) at City Hall and such other places of work, and by such other means as the Personnel Officer may deem appropriate. Application, selection and employment list procedures shall be handled in the manner set forth in 1-20-8 (B), (C) and (D) except that the employment list shall be designated "Promotional Employment List".

1-20-12 PROBATION:

All original and promotional appointments shall be tentative and subject to a probationary period of not less than six (6) months, or one year for Public Safety personnel, of successful service. The Personnel Officer with the recommendation of the concerned department head may establish a longer probationary period for specified classes. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of a new employee to his (her) position. During the probationary period, an employee may be dismissed at any time without a statement of cause and without the right of appeal. (Ord. 1056, 2-25-74)

However, a dismissed probationary employee shall be entitled to the right of appeal if said employee has successfully completed his/her probationary period in another class. If such an appeal is requested by a dismissed, promoted probationary employee, it shall be for reinstatement to the lower class from which said employee was promoted.

Time served during a temporary appointment cannot be used to satisfy the probationary requirement in the event of appointment to a permanent [regular} status. (amd. Ord. 3696, eff. 12-25-97)

Time taken on paid vacation, sick leave or while off-duty as a result of a City job-related injury or illness, not in excess of thirty (30) working days, shall be allowed the probationer as creditable time toward his (her) probation. (Ord. 1379, 10-22-79)

1-20-13 CLASSIFICATION PLAN:

(A) The Personnel Officer, or a person whom he (she) may designate, shall ascertain and record the duties and responsibilities of all positions in the classified service and shall recommend a Classification Plan for such positions. The Classification Plan shall consist of classes of positions in the classified service defined by class specifications, including job titles. The Classification Plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class.

(B) The Classification Plan shall be adopted and may be amended from time to time by the Personnel Officer with the approval of the City Manager. Amendments and revisions of the plan may be suggested to the Personnel Officer in writing by any interested party including employees of the City, and shall be submitted to the City Manager for his (her) consideration.

(C) Following the adoption of the Classification Plan, the City Manager and the Personnel Officer shall allocate every position in the classified service to one of the classes established by the Plan.

(D) When a new position is created, the Classification Plan shall be amended to provide therefor, and an appropriate employment ranking shall be established for such position.

(E) Any position, the duties of which have changed materially so as to necessitate reclassification, shall be reallocated by the Personnel Officer, with the advice of the department heads concerned and concurrence of

the City Manager to a more appropriate class, whether new or already created. Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions.

1-20-14 PAY PLAN:

(Ord. 3052, eff. 2-25-93)

(A) The Personnel Director, under the direction of the City Manager, shall prepare a Pay Plan covering all position classifications in the City Service, which Pay Plan (and any amendments or revisions thereto) shall be approved by the Council by Resolution. In determining appropriate salary rates or ranges, consideration will be given to prevailing rates of pay in comparable public and private sector positions, current cost of living, recommendations of department heads, the city’s financial condition and policies, and other relevant factors.

(B) The Pay Plan shall address, but not necessarily be limited to, promotions, demotions, reclassifications, acting pay, overtime, compensatory time, standby compensation and call-back pay.

1-20-15 LEAVE POLICY

(A) PAID TIME OFF: Except as otherwise required under the Family And Medical Leave Act, the Americans With Disabilities Act, other applicable federal, state or local law and/or other City policies, paid time off will be handled as follows:

1. Paid Time Off Accrual:

(a) Full Time Regular Employees (other than fire department employees assigned to a fifty six (56) hour workweek) shall accrue paid time off credits according to the following schedule:

(1) 112.20 hours per year to accrue on a prorated, bi-weekly basis for the first three (3) years of service.

(2) 136.12 hours per year to accrue on a prorated, bi-weekly basis for employees with three (3) or more years of service but less than ten (10) years of service.

(3) 160.04 hours per year to accrue on a prorated, bi-weekly basis for employees with ten (10) or more years of service but less than fifteen (15) years of service.

(4) 175.90 hours per year to accrue on a prorated, bi-weekly basis for employees with fifteen (15) or more years of service.

(b) Full Time Regular Employees of the fire department scheduled on the basis of a fifty six (56) hour workweek shall accrue paid time off credits according to the following schedule:

(1) 156.82 hours per year to accrue on a prorated, bi-weekly basis for the first three (3) years of service.

(2) 190.36 hours per year to accrue on a prorated, bi-weekly basis for employees with three (3) or more years of service but less than ten (10) years of service.

(3) 223.90 hours per year to accrue on a prorated, bi-weekly basis for employees with ten (10) or more years of service but less than fifteen (15) years of service.

(4) 246.26 hours per year to accrue on a prorated, bi-weekly basis for employees with fifteen (15) or more years of service.

(c) Part Time Regular Employees who are scheduled to work at least one thousand forty (1,040) hours per year on an annualized basis shall accrue paid time off credits on a prorated basis. The prorated basis shall be established by dividing the number of hours scheduled per week by forty (40) and multiplying that result by the accrual rate for a Full Time Regular Employee with the same length of service.

(d) All Full Time and Part Time Regular Employees who take any unpaid leave during any pay period shall not accrue any paid time off credits for that pay period.

(e) All Full Time Regular Employees (other than Fire Department employees assigned to a fifty-six (56) hour workweek) may accrue paid time off credits up to a maximum of four hundred eighty (480) hours at any time. No additional paid time off credits will accrue as long as the employee is at the maximum amount.

(f) The maximum accrual of paid time off credits for employees of the Fire Department assigned to a fifty-six (56) hour workweek schedule shall be six hundred seventy-two (672) hours at any time. No additional paid time off credits will accrue as long as the employee is at the maximum amount.

(g) Temporary employees are not eligible to accrue paid time off credits. Time spent as a temporary employee does not count towards the years of service requirements herein.

2. Eligibility to Use Paid Time Off: Subject to the requirements herein, all Full and Part Time Regular Employees are eligible to use paid time off leave which has been earned and credited.

3. Paid Time Off Authorization.

(a) All employees are required to request paid time off in advance through their supervisors according to established departmental procedures.

(b) Every attempt will be made to accommodate the employee’s wishes in scheduling paid time off, however, a time off request may be denied by the department head when it is determined that the employee’s absence would have an adverse effect on departmental operations.

(c) Failure to request paid time off in advance may be grounds for denial of the leave and/or disciplinary action. Department heads may approve paid time off after the fact when, in their determination, there was an emergency or other justifiable reason for taking paid time off without prior approval. Employees shall make every attempt to immediately notify their supervisors as soon as possible of their absence.

4. Charging Paid Time Off: Paid time off is charged against the employee’s credits on an hour-for-hour basis according to the number of hours the employee would have been scheduled to work during the period of absence. When less than an exact number of hours is used, paid time off credits will be charged to the nearest fifteen (15) minutes.

5. Payment of Paid Time Off Credits upon Separation: An employee who leaves the City’s employment for any reason will be paid for any earned but unused paid time off as follows:

(a) If an employee, other than a Fire Department employee assigned to a fifty-six (56) hour workweek, has any remaining unused vacation time credits under the City’s vacation program that existed prior to June 23, 2012, or any unused paid time off, the employee will be paid for any unused vacation time and any unused paid time off in the employee’s last paycheck, up to the maximum combined accrued leave credit (i.e., vacation time and PTO time) of two hundred (200) hours for employees with less than ten (10) years of service and up to the maximum combined accrued leave credit (i.e., vacation time and PTO) of two hundred forty (240) hours for employees with ten (10) or more years of service.

(b) If a Fire Department employee assigned to a fifty-six (56) hour workweek has any remaining unused vacation time credits under the City’s vacation program that existed prior to June 23, 2012, or any unused paid time off, the Fire Department employee will be paid for any unused vacation time and any unused paid time off in the employee’s last paycheck, up to the maximum combined accrued leave credit (i.e., vacation time and PTO time) of two hundred eighty (280) hours for employees with less than ten (10) years of service and up to the maximum combined accrued leave credit (i.e., vacation time and PTO) of three hundred thirty-six (336) hours for employees with ten (10) or more years of service.

(B) SICK LEAVE: Except as otherwise required under the Family And Medical Leave Act, the Americans With Disabilities Act, other applicable federal, state or local law and/or other City policies, sick leave will be handled as follows:

1. Sick Leave Accrual.

(a) Effective June 23, 2012, the accrual of sick leave shall cease for all employees.

2. Sick Leave Bank.

(a) Unused sick leave hours accrued on or before June 23, 2012, will be banked for future use by the employee who earned them, and may be used and/or paid out according to the rules of this section (which mirrors the former policies).

3. Sick Leave Bank and Use.

(a) Employees shall be allowed to use sick leave credits accrued in their sick leave bank.

(b) An employee without sick leave credits may use accrued vacation or paid time off credits with approval of the department head.

(c) Sick leave shall only be allowed when:

(i) The employee (or the employee’s dependent/family member) has any medically related illness or injury and/or as provided under any applicable federal or state law, such as the Family and Medical Leave Act, the Americans With Disabilities Act, etc.

(ii) The employee needs medical or dental treatment and examination when prescribed or performed by a licensed medical or dental practitioner.

(iii) An employee has accepted Worker’s Compensation and requires sick leave to supplement the compensation payments.

4. Leave Authorization.

(a) In order to receive compensation while absent on sick leave, the employee must notify his/her immediate supervisor, division or department head prior to, or within one hour after, the time set for reporting to work.

(b) Sick leave shall be shown in the timekeeping system, and the leave must be approved by the employee’s supervisor and department head.

(c) When appropriate under federal, state or local law, the City reserves the right to refer any employee to a doctor designated by the City in determining whether the employee is sufficiently recovered from illness or injury to return to work or whether or not sick leave will be paid. The department head may require documentation of the need for sick leave any time that sick leave is used.

(d) In the case of personal injury or sickness where employees are capable of performing light duty and have a medical release from a physician, they shall so advise their department head who will make the arrangements (provided such light duty is available).

(e) Sick leave is not a form of vacation, and may be used only as provided in this policy, and/ or as appropriate under federal, state, or local law. Abuse of the City’s sick leave regulations shall be cause for disciplinary action.

5. Charging Sick Leave.

(a) Sick leave is charged against the employee’s sick leave credits on an hour-for-hour basis according to the number of hours the employee would have been scheduled to work during the period of absence. When less than an exact number of hours is used, sick leave credits shall be charged to the nearest fifteen (15) minutes.

6. Conversion of Sick Leave to Vacation Time.

(a) A portion of sick leave (but not any paid time off) may be converted to vacation leave credits according the following formula:

(i) If no sick leave is used during a full calendar year, twenty-four (24) hours of sick leave may be converted to additional vacation leave credits on an hour-for-hour basis.

(ii) If an employee uses from one (1) to sixteen (16) hours of sick leave in a calendar year, conversion of sick leave to additional vacation leave credits shall be at the rate of twenty-four (24) hours less one-half hour for each hour of sick leave used.

(iii) If an employee uses from seventeen (17) to thirty-one (31) hours of sick leave in a calendar year, conversion of sick leave to additional vacation leave credits shall be at the rate of thirty-two (32) hours less one hour for each hour of sick leave used. If an employee uses 32 hours or more sick leave during the year, he/she will not be eligible to convert sick leave to vacation leave credits.

(iv) Employees of the Fire Department scheduled on the basis of a 56-hour week will have conversions figured on a proportionate basis where eight (8) hours in a 40-hour work week is equivalent to 11.2 hours in a 56-hour work week.

(b) Conversion of sick leave to vacation leave credits shall be done on the basis of twenty-six (26) payroll periods within a calendar year. Transfers will be calculated at the end of the last (26th) pay period of the calendar year.

(c) Employees hired between January 1 and June 30 will be eligible for conversion at one-half of the regular rate. Employees hired between July 1 and December 31 will not be eligible for conversion until the end of the next year following their date of hire.

(d) Conversion of sick leave to vacation leave credits will be at the option of the employee. Statements will be sent from the Personnel Department each January showing the number of hours available for conversion.

7. Payment of Sick Leave Upon Separation from City Service.

(a) Employees who retire from City service shall be paid for unused sick leave at the rate of fifty percent (50%), up to a maximum of 700 hours; provided, however, that the maximum shall be 975 hours for fire employees who are members of the Public Safety Personnel Retirement System. (amd. Ord. 3589, eff. 3-27-97)

(b) In order to qualify for the retirement benefits described in subsection (B)7(a) of this section, an employee must have at least ten (10) years of consecutive service as a Full Time or Part Time Regular Employee with the City and qualify for a retirement benefit under the Arizona State Retirement System or the Public Safety Personnel Retirement System. Temporary employment shall not count toward years of City service. Employees who qualify for medical retirement benefits as a result of a job-related injury or illness shall also be eligible for the City’s retirement benefits regardless of length of service including those benefits described in subsection D. (Ord. 3696, eff. 12-25-1997)

(c) The beneficiaries of an employee who dies prior to retirement shall receive compensation for one-third (1/3) of accumulated sick leave beyond that amount equivalent to the number of scheduled working hours in a month for the class to which the employee belongs.

(d) Employees who resign from City service shall receive compensation for one-third (1/3) of accumulated sick leave beyond that amount equivalent to the number of scheduled working hours in a month for the class to which the employee belongs.

(C) VACATION LEAVE: Except as otherwise required under the Family And Medical Leave Act, the Americans With Disabilities Act, other applicable federal, state or local law and/or other City policies, vacation leave will be handled as follows:

1. Vacation Leave Accrual:

(a) Effective June 23, 2012, the accrual of vacation leave shall cease for all employees.

2. Vacation Leave Bank:

(a) Unused vacation leave hours accrued on or before June 23, 2012, will be banked for future use by the employee who earned them, and may be used and/or paid out according to the rules of this section (which mirrors the former policies).

3. Vacation Leave Bank and Use:

(a) Employees are required to request vacation leave in advance through their supervisors according to established departmental procedures.

(b) Every attempt will be made to accommodate the employee’s wishes in scheduling vacation leave; however, a vacation leave request may be denied by the department head when it is determined that the employee’s absence would have an adverse effect on departmental operations. Vacation leave requests in excess of twenty (20) scheduled working days must be approved by the department head and human resources director.

(c) Failure to request vacation leave prior to taking it may be grounds for denial of the leave and/or disciplinary action. Department heads may approve vacation leave after the fact when, in their determination, there was an emergency or other justifiable reason for using it without prior approval. However, employees should make every attempt to notify their supervisors as soon as possible of their absence.

4. Charging Vacation Leave: Vacation is charged against the employee’s credits on an hour-for-hour basis according to the number of hours the employee would have been scheduled to work during the period of absence. When less than an exact number of hours is used, vacation credits will be charged to the nearest fifteen (15) minutes.

5. Payment Of Vacation Leave Upon Separation: Every regular employee who has completed six (6) months of service with the City, and who has accumulated vacation credits, and leaves the City for any reason, shall have any remaining vacation credits paid on the last paycheck issued by the City; provided, however, that an employee shall not be paid more than the maximum accrued leave credits as set forth in subsections (A)1(e) and (A)1(f) above.

(D) RETIREMENT APPRECIATION BONUS: Except as otherwise required under the Family And Medical Leave Act, the Americans With Disabilities Act, other applicable federal, state or local law and/or other City policies, the retirement appreciation bonus will be handled as follows:

1. An employee hired on or before June 30, 2012, shall also receive a retirement appreciation bonus equivalent to three (3) months pay upon the satisfaction of the eligibility criteria set forth hereunder. Time spent as a temporary employee shall not count toward years of City service.

(a) Employees of the City who, as of June 30, 2012, had at least ten (10) years of consecutive service as a Full Time or Part Time Regular Employee with the City and qualified for a retirement benefit under the Arizona State Retirement System or the Public Safety Personnel Retirement System will be eligible to receive the retirement appreciation bonus at their rate of pay upon separation. Pay out for Part Time Regular Employees will be on a prorated basis.

(b) Employees of the City who, as of June 30, 2012, either did not have ten (10) years of consecutive service as a Full Time or Part Time Regular Employee with the City or were not qualified for a retirement benefit under the Arizona State Retirement System or the Public Safety Personnel Retirement System are eligible to receive the retirement appreciation bonus, calculated at their June 30, 2012, rate of pay, upon separation if at that time they meet the eligibility criteria set forth in subsection (D)1(a) above. Pay out for Part Time Regular Employees will be on a prorated basis.

(c) Employees of the City hired on July 1, 2012, or thereafter shall not be eligible to receive the retirement appreciation bonus.

(E) SPECIAL LEAVE WITHOUT PAY: Except as otherwise required under the Family And Medical Leave Act, the Americans With Disabilities Act, other applicable federal, state or local law and/or other City policies, requests for special leave without pay will be handled as follows:

1. Leave Authorization:

(a) A department head, with approval of the human resources director, may grant a regular or probationary employee a leave of absence without pay for not more than two (2) calendar weeks.

(b) The City Manager may grant a regular employee a special extended leave of absence without pay upon recommendation of the appropriate department head and human resources director. A written request setting forth the reasons for unpaid leave must be submitted to the department head.

(c) An employee may request a medical leave of absence without pay after accrued paid time off, sick and/or vacation leave have been depleted. Certification of the need and duration of such leave from a licensed physician will be required.

(d) Denial of a request for leave without pay is not subject to appeal.

(e) Military leave without pay will be granted in accordance with provisions of state and federal law.

2. Employment Status: Unless otherwise provided by federal, state or local law:

(a) An employee on leave without pay will receive no compensation or fringe benefits and will not accrue paid time off leave credits.

(b) Employees who elect to continue coverage under the City’s health insurance program while on leave without pay must pay all premium costs for the duration of the leave.

(c) If possible, an employee returning to work from leave without pay may be reinstated to the same or equivalent position.

(d) Employees on leave without pay for less than thirty (30) calendar days are eligible to receive salary increases scheduled during the leave period. Otherwise, the employee’s scheduled date for salary increase will be changed to reflect the number of calendar days off payroll.

(F) SPECIAL PAID LEAVE: Except as otherwise required under the Family And Medical Leave Act, the Americans With Disabilities Act, other applicable federal, state or local law and/or other City policies, special paid leave will be handled as follows:

1. Workers’ Compensation:

(a) Employees are insured by the City, under the Arizona workers’ compensation statutes, against injuries and illnesses occurring in the course of City employment. The law provides for payment under certain circumstances of medical expenses and compensation for loss of income. It is mandatory that every job-related injury or illness, regardless of severity, be reported immediately to the supervisor and a written report prepared in accordance with City safety policies.

(b) Workers’ compensation payments for lost income do not commence until the eighth calendar day following injury or illness. Employees may receive up to forty (40) hours (56 hours for fire suppression personnel) of City-paid industrial injury leave within a calendar year to be used during periods when workers’ compensation payments are not available.

(c) During those periods when City industrial leave or workers’ compensation payments are not provided, payment of salary will be charged to the employee’s accrued paid time off, sick leave bank, and/or vacation leave bank, until available leave has been exhausted.

(d) If an absence due to job-related disability extends beyond thirteen (13) calendar days, workers’ compensation payments are computed and made retroactive to the date the injury or illness occurred. When retroactive payment is made and the employee has previously received City-paid industrial or other credited leave payments, the employee must assign the workers’ compensation payments to the City. Industrial or other credited leave previously used by the employee will then be restored to the employee’s account on a proportionate basis.

(e) When pay is provided by workers’ compensation, the amount received by the employee is usually less than the employee’s normal paycheck. If the employee chooses, the difference between the normal paycheck and the amount received in workers’ compensation will be calculated and charged to the employee’s accrued leave.

(f) The employee has the option to accept or reject adjustment payments from sick bank, vacation bank and/or paid time off credits. If the employee elects to reject such payments, the entire amount of workers’ compensation will be retained by the employee. If payments of sick bank time, vacation bank time and/or paid time off are accepted, the employee must assign the workers’ compensation payments to the City to be used to provide the employee the normal pay as provided herein.

(g) The employee may be required to submit to a medical examination on a periodic basis by a City-designated physician.

(h) It is the City’s policy to attempt to place every employee who is temporarily disabled due to a job-related injury in a light duty position. The job duties are to be within any prescribed limitations as set by a licensed physician. The City can place any employee eligible for light duty within any City department.

2. Military Leave:

(a) An employee who is a member of the National Guard, a member of the reserve corp of the United States armed services or a member of another applicable military service shall be entitled to a leave of absence as provided for in the Uniformed Services Employment and Reemployment Rights Act (USERRA).

(b) Appropriate documentation for military leave must be submitted to the City’s Human Resources department in accordance with the requirements of USERRA.

3. Jury or Witness Leave:

(a) When an employee is summoned for jury duty or subpoenaed as a witness in a court of law, the City will continue to pay the employee’s regular salary upon the surrender of the juror’s fee to the City. Employees required to appear in court for personal reasons or are subpoenaed to testify in proceedings where they are either a plaintiff, defendant or other interested party will not be eligible for paid witness leave unless it is directly related to their employment with the City.

(b) Employees should notify their department head upon receipt of a summons or subpoena and in advance of their absence from City duty to appear in court.

(c) When jury or witness leave is completed, the employee must submit documented proof of attendance to the department head and record it in the timekeeping system.

4. Bereavement Leave:

(a) Family leave with pay may be granted in the event of the death of a member of the employee’s immediate family. The immediate family shall consist of the employee’s spouse, children, parents, grandparents, grandchildren, brothers, sisters, or the spouse’s children, parents, grandparents, grandchildren, brothers or sisters.

(b) Use of family leave is limited to two (2) occurrences within a calendar year and a maximum of three (3) consecutive workdays for each occurrence. Two (2) additional days of family leave may be granted if the employee must travel out of state.

5. Holidays:

(a) Regular full-time and part-time employees will be allowed the following paid holidays:

New Year’s Day

January 1

Martin Luther King Jr. Day

Third Monday in January

Washington’s Birthday

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

July 4

Labor Day

First Monday in September

Veterans Day

November 11

Thanksgiving Day

Fourth Thursday in November

Friday after Thanksgiving

 

Christmas Day

December 25

(b) If the holiday falls on Sunday, the following Monday shall be observed; if the holiday falls on Saturday, the preceding Friday shall be observed. Shift workers scheduled to work on holidays will be compensated in accordance with policies established by the City manager.

(c) Regular, part-time employees scheduled to work more than one thousand forty (1,040) hours per year shall be paid for holidays on a prorated basis according to the number of hours they would normally be scheduled to work on that day.

(d) Employees must work or be on paid leave the last scheduled workday before the holiday and the first scheduled workday after the holiday to be paid for the holiday.

(e) An employee who is separated from City service when the last day worked is the last working day before a holiday shall not be paid for the holiday.

6. Unused Leave:

(a) Special paid leave does not accrue from year to year and cannot be carried over into a subsequent year.

(b) Employees separating from City service are not eligible to be compensated for any special paid leave days which were not used. (Ord. 2307, 10-22-1991, eff. 1-1-1992)

(G) Family and Medical Leave Act: Notwithstanding anything to the contrary herein, all eligible employees of the City, as defined in the family and medical leave act of 1993, shall be entitled to all of the benefits set forth therein, as the same may be amended from time to time. (Ord. 3101, eff. 7-22-1993)

(H) Modifications of all of the foregoing policies will be made as required under any applicable federal, state or local law.

(Ord. 4832-1232, 05-22-2012; eff. 06-21-2012; Ord. 2018-1613, 5-22-2018)

1-20-16 RESTRICTIONS ON POLITICAL ACTIVITY AND SOLICITATIONS:

(A) A city employee shall not, during the duration of his/her employment, hold an elective public office or any appointive public office which could constitute a possible conflict of interest with his city employment.

(B) No officer or employee of the city shall directly or indirectly solicit or receive, or be connected with, the soliciting or receiving of any assessment, subscription or contribution for any political purpose from any city employee or suggest or require any city employee to support any candidate for public office.

(C) Employees are prohibited from engaging in any political activity relating to any city election, or taking part in any city political issues, beyond the private expression of personal opinions, registering to vote, signing nominating, initiative, referendum or recall petitions, and voting in any special, primary or general election.

(D) Employees are prohibited from engaging in any partisan political activity beyond the private expression of personal opinion, registering as a member of a political party, signing of nominating, initiative, referendum or recall petitions, and voting in any special, primary or general election if such activity could constitute a possible conflict of interest with his city employment or if such activity affects the employee’s performance of his city duties. (Ord. 1137, 4-12-1976)

1-20-17 DISCIPLINE:

The city manager is hereby empowered to adopt disciplinary guidelines and procedures for all city personnel. (Ord. 3248, eff. 9-22-1994)

1-20-18 POWERS OF DEPARTMENT HEAD OR SUPERVISOR:

(Rep. by Ord. 3248, eff. 9-22-1994)

1-20-19 GRIEVANCE PROCEDURES:

The City Manager is hereby empowered to adopt grievance procedures for all City personnel. (Ord. 3248, eff. 9-22-94)

1-20-20 GRIEVANCE BOARD:

DELETED by Ordinance No. 3248, eff. 9-22-94

1-20-21 PRESENT BENEFITS:

Those employees who have accrued vacation or other employment benefits under prior personnel policies that are different from those established by this Ordinance shall continue to retain those benefits for use and/or payout under the term of the applicable policies in force at the time of the accumulation of the leave time. The future accrual and use of benefits after the passage of this Ordinance shall be at the levels and under the terms that are defined within this Ordinance. (Ord. 4832-1232, 05-22-2012; eff. 06-21-2012)

1-20-22 SEVERANCE CLAUSE:

The provisions of this Chapter are declared to be severable and if any Section, sentence, clause or phrase of this Chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining Sections, sentences, clauses and phrases of this Chapter, but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the invalidity of any part. (Ord. 1056, 2-25-74; Renumbered Ord. 1111, 5-12-75)

1-20-23 AFFIRMATIVE ACTION PROGRAM:

The Personnel Officer shall implement a policy for the City merit system department heads and other management and supervisory personnel as a guide for developing action programs to provide real equal employment opportunities for minority job applicants, women and employees.

The following subsections are the criteria to be used by the Personnel Officer in establishing that policy:

(A) City employment opportunities are to be made known effectively to minority group citizens and women. Advertising, publications, and other forms of communication and contact shall be utilized in ensuring that minority group persons and women are informed of City employment opportunities.

(B) City employment standards shall not be higher than needed to perform the duties of the job involved.

(C) Employment examinations shall be designed carefully with the objective of determining which applicants are most fit to perform the jobs involved and of avoiding examination barriers irrelevant to the job.

(D) When minority group or women eligibles are on civil service employment lists, a particular effort shall be made to find appropriate positions for such eligibles.

(E) Minority group and women employees of the City shall be encouraged to take advantage of City training programs and the City tuition reimbursement plan.

(F) Minority group or women employees shall be encouraged to seek advancement in City service and those who desire it shall be counselled on how to prepare themselves for promotional opportunities.

(G) Comprehensive statistics shall be maintained regarding the employment of minority groups or women in City of Prescott Government.

(H) City employees, particularly those in supervisory and management positions, shall be made aware of the cultural backgrounds and common attitudes of persons from various minority groups and women.

1-20-24 CONFLICT WITH CHARTER:

In cases where this Chapter may be in conflict with the City Charter, the Charter shall prevail. (Ord. 1124, 10-13-75)

1-20-25 MODIFICATIONS:

The City reserves the right to add to, modify, change or eliminate any benefits at any time upon appropriate action by the City Council. (Ord. 4832-1232, 05-22-2012; eff. 06-21-2012)