CHAPTER 1-14
PERSONNEL SYSTEM
SECTIONS:
1-14-001-0001 PERSONNEL SYSTEM ADOPTED
1-14-001-0002 HUMAN RESOURCES DIRECTOR
1-14-001-0003 APPLICABILITY OF RULES
1-14-001-0004 RIGHTS OF CITY RETAINED
1-14-001-0005 CITY RETIREMENT SYSTEMS
1-14-001-0006 EMPLOYEE ADVISORY COMMITTEE
1-14-001-0006.1 DEFINITIONS
1-14-001-0006.2 MISSION STATEMENT
1-14-001-0006.3 PURPOSE
1-14-001-0006.4 OBJECTIVES
1-14-001-0006.5 STRUCTURE
1-14-001-0006.6 ELECTIONS AND MEMBERSHIP
1-14-001-0006.7 RESIGNATION OR REMOVAL
1-14-001-0006.8 MEETINGS
1-14-001-0006.9 NOTICE AND PROCEDURE FOR MEETINGS
1-14-001-0006.10 SUBCOMMITTEES
1-14-001-0006.11 ATTENDANCE AND HOURS WORKED
1-14-001-0001 PERSONNEL SYSTEM ADOPTED
There is hereby established pursuant to Article IV, section 5, of the Charter of the City a personnel system based on the principles of merit and fitness to be known as the "Flagstaff Employee Handbook of Regulations," which may be amended from time to time, three (3) copies of which shall be kept on file in the office of the City Clerk and there retained available for the use and inspection by any interested person during normal business hours.
Any person found in violation of a provision of the Flagstaff Employee Handbook of Regulations may be subject to discipline, as set forth in such handbook. (Ord. 2003-21, 11/08/2003; Ord. 2010-33, Amended, 11/09/2010; Ord. 2012-14, Amended, 10/02/2012; Ord. 2013-09, Amended, 05/07/2013; Ord. 2015-14*, Amended, 09/01/2015; Ord. 2017-12*, Amended, 05/16/2017; Ord. 2017-26*, Amended, 09/19/2017; Ord. 2018-18*, Amended, 05/15/2018; Ord. 2018-19*, Amended, 06/04/2018; Ord. 2018-26*, Amended, 08/21/2018; Ord. 2018-31*, Amended, 09/04/2018; Ord. 2018-35*, Amended, 11/06/2018; Ord. 2018-36*, Amended, 11/06/2018; Ord. 2018-39*, Amended, 12/11/2018; Ord. 2019-10*, Amended, 06/02/2019)
*Code reviser’s note:
(1) Ordinance 2015-14 amends the Flagstaff Employee Handbook of Regulations by adopting those changes as set forth in that certain document known as "2015 Addendum 7 of the Flagstaff Employee Handbook of Regulations" of the City of Flagstaff.
(2) Ordinance 2017-12 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 8 to the Employee Handbook of Regulations."
(3) Ordinance 2017-26 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 9 to the Employee Handbook of Regulations."
(4) Ordinance 2018-18 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 10 to the Employee Handbook of Regulations."
(5) Ordinance 2018-19 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 11 to the Employee Handbook of Regulations."
(6) Ordinance 2018-26 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 12 to the Employee Handbook of Regulations."
(7) Ordinance 2018-31 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 13 to the Employee Handbook of Regulations."
(8) Ordinance 2018-35 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 14 to the Employee Handbook of Regulations."
(9) Ordinance 2018-36 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 15 to the Employee Handbook of Regulations."
(10) Ordinance 2018-39 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 17 to the Employee Handbook of Regulations."
(11) Ordinance 2019-10 amends the Flagstaff Employee Handbook of Regulations by adopting those amendments set forth in that document known as "Addendum 18 to the Employee Handbook of Regulations."
1-14-001-0002 HUMAN RESOURCES DIRECTOR
The City Manager, or other such officer or employee as he may designate, shall be the Human Resources Director of the City and shall be charged with the proper and efficient administration and operation of the City of Flagstaff Personnel System.
1-14-001-0003 APPLICABILITY OF RULES
Nothing in the rules or policies adopted for their implementation shall be construed or interpreted to reduce or restrict any powers or duties provided for in the Charter of the City.
1-14-001-0004 RIGHTS OF CITY RETAINED
The City retains the exclusive right through the City Manager, subject to the provisions of the City Charter, applicable State law and the personnel regulations to:
A. Direct and supervise its employees;
B. Appoint, promote, classify, transfer, assign, retain, suspend, demote, discharge, or take disciplinary action against any employee;
C. Relieve from duty any employee because of lack of funds, lack of work, reorganization or for any other legitimate reason;
D. Maintain the efficiency of its governmental operations;
E. Determine the means, methods and personnel by which operations are to be conducted;
F. Take whatever actions may be necessary to carry out its responsibilities in situations of emergency. (Ord. 1116, 6-3-80)
1-14-001-0005 CITY RETIREMENT SYSTEMS
The City hereby participates in and adheres to the policies and procedures, rules and regulations of the Arizona State Employees Retirement System and Plan and the Arizona Public Safety Personnel Retirement System, as said Systems and Plan are applicable to officers and employees of the City.1 (1978 Code)
1Charter Art. IV, sec. 4
1-14-001-0006 EMPLOYEE ADVISORY COMMITTEE
The Employee Advisory Committee (EAC) is hereby established. (Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.1 Definitions
A. "Regular member" is an eligible employee elected to serve on behalf of that employee’s respective group.
B. "Alternate member" is an eligible employee elected to serve on the EAC when the regular member is unable to attend.
C. "Eligible employee" is defined as any full-time tenured or exempt employee not identified as an "ineligible employee."
D. "Ineligible employee" is defined as any employee directly appointed by the City Council, or Deputy City Managers, Division Directors, Section Heads, Human Resources personnel, probationary, part-time or temporary employees. (Ord. 2010-33, Amended, 11/09/2010; Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.2 Mission Statement
The mission of the EAC is to form a body of elected members and alternates to represent individual employees, groups of employees, and divisions of the City of Flagstaff with fairness and impartiality. (Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.3 Purpose
The purpose of the EAC is to foster ongoing employee-employer relations by providing a process and forum for employees to recommend changes to the City Manager concerning employment-related policies and procedures, safety, compensation and benefits. The EAC does not make recommendations regarding hiring, employee discipline, promotions, demotions, transfers, voluntary reassignments, suspensions, or dismissal.
The EAC is a body of elected members and alternates established for the purpose of discussing and making recommendations based on the requests received from individual employees, groups of employees and the City of Flagstaff with fairness and impartiality. The EAC is an advisory committee and does not represent individual employees with regard to an individual’s personnel issues.
Individual employment issues affecting any employee shall be processed through any of the City’s established grievance or appeal procedures. Employees are encouraged to resolve any issue or employment-related concern through the established administrative procedures. (Ord. 2010-33, Amended, 11/09/2010; Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.4 Objectives
The objectives of the EAC are to:
A. Work together in the spirit of trust and cooperation in an attempt to reach consensus on matters under discussion.
B. Review and recommend to the City Manager any initiatives or changes to City’s policies and procedures which are related to employment, safety, compensation, or benefits prior to submission to the City Council for consideration.
C. Provide a forum for employees to discuss City-wide employee issues as they pertain to employment-related policies and procedures, safety, compensation and benefits.
D. Ensure that each member attends EAC meetings and regularly communicates with the employees in the EAC member’s group.
E. Attend, participate and/or provide input and recommendations at City Council budget meetings.
F. Respond to City Manager questions or concerns. (Ord. 2010-33, Amended, 11/09/2010; Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.5 Structure
A. The Employee Advisory Committee shall consist of the following members, by group, excluding ineligible employees except for the Human Resources Director, or designee, who shall serve as a nonvoting member, and shall provide information to the EAC as needed:
1. Administrative Services – (City Manager’s Office, Legal, Human Resources, Risk Management, City Clerk’s Office, Real Estate, and Information Technology) – one (1) member;
2. Management Services – (Finance, Sales Tax, Purchasing, Customer Service, Payroll, and Library) – two (2) members;
3. Police – (Commissioned two (2) members and Non-Commissioned one member) – three (3) members;
4. Fire – two (2) members;
5. Public Works – (Public Works Administration, Environmental Services, Streets, Parks, Cemetery, Fleet, Facility Maintenance, Environmental Management, Sustainability, and Recreation) – three (3) members;
6. Community Development – (Planning and Development, Housing, Engineering, and Housing Authority) – two (2) members;
7. Utilities – two (2) members;
8. City Court – one (1) member;
9. Economic Vitality – (Convention and Visitors Bureau, Airport and Community Investment) – one (1) member;
10. The Human Resources Director, or designee, is a permanent, nonvoting member.
B. Each group will be assigned a number of members based on the number of tenured, tenure-eligible and exempt employees.
1. A group with less than fifty (50) employees is assigned one (1) EAC member.
2. A group with fifty (50) to one hundred (100) employees is assigned two (2) EAC members.
3. A group with more than one hundred (100) employees is assigned three (3) EAC members.
C. The number of members per group will be evaluated each year and may be reviewed by EAC at other times as required.
1. If the number of members is too high at the time of the election, the regular and alternate members at the end of their term or at the time of resignation will be removed.
2. If the number of members is too low at the time of the election, the appropriate number of regular and alternate members will be added.
D. Members and alternate members will serve a two (2) year term. Memberships will be staggered.
E. There will be an equal number of regular and alternate members.
F. Alternate members are encouraged to attend all meetings; however, alternate members shall only vote when filling in for the regular member.
G. There will be two (2) co-chairs who will serve a one (1) year term. Alternate members are not eligible to serve as co-chair.
H. Any member of the EAC shall not act independently on behalf of EAC without prior approval of an EAC majority vote. (Ord. 2010-33, Amended, 11/09/2010; Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.6 Elections and Membership
A. City-wide elections for membership shall be held annually, by July 15th, with terms starting during the first meeting in August.
1. Eligible employees shall nominate regular and alternate members who will also be eligible employees as defined in this chapter.
2. The eligible employee with the most votes will become the regular member and the employee with the next highest will become the alternate member. In the event of a tie, a ballot will be sent out to the division for a formal vote.
B. Elections for special appointments will be conducted during the second meeting in August.
1. Election of two (2) co-chairs.
2. Elect an EAC member to take minutes of the meetings, with a backup and/or rotation as deemed necessary.
3. Elect an EAC member to attend Budget Committee meetings, when the Budget Committee is discussing any benefit and compensation issues and during the add-back and delete portion of the budget, in an ongoing effort to foster better communication and understanding.
4. Elect two (2) EAC members to attend the Compensation Committee meetings.
5. EAC members may also be elected to serve on special committees or task forces concerning employment-related policies and procedures, safety, compensation and benefits.
C. Newly elected regular and alternate members shall attend an orientation meeting with a co-chair and/or the Human Resources Director after annual elections between August and November. (Amended Ord. No. 2009-10, 06/02/2009; Ord. 2010-33, Amended, 11/09/2010; Ord. 2014-32, Amended, 01/06/2015)
1-14-001-0006.7 Resignation or Removal
A. EAC members who want to resign from service shall submit their requests in writing to the two (2) co-chairs and the Human Resources Director.
B. When a regular member resigns from service an election will be held and the newly elected member will service a two (2) year term from the time of the election.
C. If the resigning member is a co-chair, a special election for the appointment of a new co-chair will take place and the newly elected co-chair will finish out the one (1) year term of the previous co-chair.
D. Members with three (3) consecutive unexcused absences may be removed by a majority vote of the EAC.
E. If an employee from a group desires to remove the current EAC member, they must follow criteria listed:
1. Submit a formal complaint in writing explaining the reason for the request to remove the current EAC member to the Human Resources Director.
a. The complaint may only be filed from the EAC member’s group.
b. Human Resources will relay the complaint information to the current co-chairs.
c. The co-chair will recuse himself or herself from the process, if the complaint is about them or another EAC member from the same group.
d. The co-chairs will speak with the EAC member about the complaint to obtain additional information.
e. The EAC co-chairs, with assistance from the Human Resources Director, may evaluate the information obtained through discussions with the complainant and the EAC member to substantiate the complaint.
i. If unable to substantiate the complaint, the EAC co-chairs will reply to the complainant.
ii. If able to substantiate the complaint, the process will continue.
2. There will be a two (2) month period to allow for the EAC member to address the area(s) of concern.
3. The co-chairs will contact the complainant to review any improvements.
a. If there have been improvements, the co-chairs will provide a written response to the complainant closing the complaint.
b. If there have been no improvements and the complainant is still dissatisfied, a second complaint will be filed by the co-chairs.
4. If a second complaint is received, the co-chairs, with the assistance of Human Resources, will hold an election to remove the EAC member.
a. The election must have fifty percent (50%) plus one (1) votes of the EAC member’s group for the election to be valid.
b. If the election does not receive enough votes to be considered valid, the EAC member will continue his or her term.
c. If the election does receive enough votes and the majority of employees in the EAC member’s group votes to keep the EAC member, then the EAC member will continue his or her term.
d. If the election does receive enough votes and the majority of employees in the EAC member’s group votes to remove the EAC member, then the EAC member will not continue his or her term and another election will be held to select another EAC member to serve a two (2) year term from the time of the election. (Ord. 2014-32, Enacted, 01/06/2015)
1-14-001-0006.8 Meetings
A. Meetings of the City EAC shall be held twice per month, or less frequently if approved by a majority vote of the EAC. Dates and times will be determined by the majority vote of the EAC.
B. Special meetings, when required, may be called by the co-chair(s) without a majority vote of the EAC.
C. Regular members shall notify the appropriate group alternate member and the EAC co-chairs, in a timely manner, when they are unable to attend a meeting.
D. Co-chairs may request a meeting with the City Manager as needed, or on a regular basis.
E. When the EAC co-chairs have brought an issue to the attention of the City Manager and the issue is not resolved to the satisfaction of the EAC, a co-chair or EAC designee may address the City Council at a public meeting to review the issue, upon recommendation and majority vote of the EAC.
F. All votes regarding recommendations must be approved by a majority vote of the quorum. A quorum shall be one (1) more than half of the voting membership of the EAC.
G. All votes that are not unanimous shall result in a roll call vote and will be recorded into the meeting minutes.
H. Employees, including ineligible employees, desiring an item to be discussed by the EAC shall contact their group’s regular member or any regular EAC member to place the item on the EAC’s agenda.
1. Employees may request to keep their names confidential and it will not be part of the EAC’s discussion.
2. An employee with an item on the EAC agenda shall be notified by a co-chair of the meeting time and date. Time in attendance at EAC meetings shall constitute hours worked.
I. The City Manager may contact an EAC co-chair to place an item on the EAC agenda. (Ord. 1738, Enacted, 06/09/92; Ord. 1982, Amended, 09/15/98; Ord. 2000-20, Amended, 09/05/2000; Ord. 2003-15, Repealed/Replaced, 09/16/2003; Ord. No. 2009-10 Repeal/Replaced, 06/02/2009; Ord. 2010-33, Amended, 11/09/2010; Ord. 2014-32, Amended, 01/06/2015. Formerly 1-14-001-0006.7)
1-14-001-0006.9 Notice and Procedure for Meetings
A. The EAC agenda will be posted on the internal City of Flagstaff EAC website and at locations approved by the EAC at least twenty-four (24) hours prior to the meeting date and time by EAC members for the group they represent.
B. EAC meeting minutes will be posted on the EAC website and at the approved locations within five (5) calendar days after approval, and emailed to all EAC regular and alternate members.
C. The EAC may adopt procedures for governance of the committee’s meetings. (Ord. 2014-32, Enacted, 01/06/2015)
1-14-001-0006.10 Subcommittees
Subcommittees may be formed to address specific EAC issues to bring to the full EAC for input and approval. Subcommittees are encouraged to meet for one (1) hour, two (2) times per month, and the cessation of the subcommittee will occur once the issue is voted on by the full EAC. Each subcommittee, at its own discretion, or the City Manager, may ask non-EAC members to participate. (Ord. 2014-32, Enacted, 01/06/2015)
1-14-001-0006.11 Attendance and Hours Worked
A. EAC members shall attend EAC meetings, utilizing City time to the degree necessary to conduct EAC business, and such time shall be considered hours worked.
B. Employees who are not members of the EAC, including subcommittee members, may attend EAC meetings or subcommittee meetings during regular work hours for up to four (4) hours per month, with written approval of their immediate supervisors, and such time shall be hours worked.
C. An employee may attend EAC meetings, during nonworking hours, and such time shall not be hours worked.
D. The EAC may choose a member to attend the portion of the leadership meetings when EAC agenda items are scheduled for discussion or upon request of the City Manager, and such time shall be hours worked.
E. The EAC, City Manager, or Human Resources Director may invite any person to attend EAC meetings, and the employee’s time shall be considered hours worked. (Ord. 2014-32, Enacted, 01/06/2015)