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  Item # 9.       
Meeting Date: 01/15/2014  
Submitted By: Ron Corbin, Human Resources
Department: Human Resources  

Information
SUBJECT:
RESOLUTION NO. (R)14-05, REPEALING AND REPLACING PERSONNEL POLICIES 2, DEFINITIONS OF TERMS; 9, PROBATIONARY PERIODS; 10, ATTENDANCE AND LEAVES; 11, DISCIPLINE; 16, NEPOTISM; 23, DRUG FREE WORKPLACE; 26, COMPUTER USAGE; E-MAIL USE, RETENTION, & STORAGE; AND INTERNET POLICY; AND, 29, CONFLICT OF INTEREST
RECOMMENDATION:
Staff recommends approval.
EXECUTIVE SUMMARY:
These personnel policy changes are needed for several reasons, including changes in Federal and State law, outdated current policies, formatting that is hard to read and reference, and the need to implement best practices in the management of the Town.

This packet of personnel policy changes was created by first reviewing the legal landscape of employment law, including Federal and State statutes, administrative regulations and the Court's opinion of those laws and regulations.  Based on this review, HR is recommending several legal updates to the Town's policies.  Two examples include adding Military Care Giver Leave to the Family Medical leave Act section of the leave policy, and fixing the policy on Worker's Compensation so employees understand when and if their retirement is effected by their time off from work.

Other policy changes are being recommended as a result of employees and managers bringing their concerns to HR.  One example of this type of change is the expansion of immediate family to include domestic partners and the children of domestic partners.  This change will allow employees to use sick leave to care for their domestic partner or their children regardless of where the loved one lives.  

Regardless of where the idea for change started, the ideas were reviewed with the Town's leadership team, managers, and employees. HR also held management meetings, one-on-one meetings with employees, and department meetings where these policies where discussed.  In addition, HR sought email input from all employees and those comments and suggestions are included in the Council's packet.  Many of these changes were incorporated into the recommended policy.  The addition of foster children in the definition of immediate family is one such example.

The end result is a solid compilation of recommended personnel polices which have been vetted through the Town's leadership, management staff, supervisors, and employees.
BACKGROUND OR DETAILED INFORMATION:
Town of Oro Valley Personnel Policy 3, General Provisions, states that changes to personnel policies are made by the Town Council through the Town Manager. Staff is recommending several changes to policies 2, 9, 10, 11, 16, 23, 26, and 29. Listed below are the major changes that are being recommended.

Policy 2: Definitions of Terms 
  • Several definitions were moved from individual chapters of the rules to this central location.
  • Immediate Family Member (non-FMLA) is defined: An employee’s spouse, child(ren), adopted child(ren), step child(ren), or    child(ren) of a domestic partner, parent, grandparent, grandchild, current in-laws, brother, sister, domestic partner, or parent surrogate.
  • Introductory Employee is changed to Initial Probationary Employee.
  • Part-time Employee is changed to reflect the three different types of part-time employees that the Town employs, including those with and without benefits.
Policy 9: Probationary Periods
  • Introductory Period was replaced with Probationary Period.
Policy 10: Attendance and Leaves 

10.1 Annual Leave:
  • Clarifies that employees must be in a paid status to accrue leave. 
  • Clarifies that the Department Director has the authority to approve, deny, or cancel a leave request.
  • Maximum accrual may be passed with permission of Department Director, HR Director, and Town Manager.
10.2 Sick Leave:
  • Defines the reasons an employee may use sick leave. 
  • Enables an employee to change annual leave to sick leave when appropriate. 
  • Clarifies that sick leave can be denied by a supervisor if appropriate.
  • Requires that Human Resources be notified of multiple day absences to review for FMLA or ADAAA issues. 
  • Prevents the use of sick leave immediately prior to any separation from Town employment. 
  • Allows for medical verification for sick leave where appropriate, but no requirement of a diagnosis. 
10.5 Unauthorized Leave:
  • Defines job abandonment as missing three consecutive days of work without permission.
10.7 Workers’ Compensation (WC):
  • Clarifies that leave balances do not change while an employee is out on WC leave.
  • Describes how WC works with the two different retirement systems as defined by statute. 
10.9 Bereavement Leave:
  • Allows for 5 days of leave for the death of any immediate family member as opposed to 3 days for in-state relatives and 5 days for out of state relatives. 
10.3 Leave Donations:
  • Creates a restriction on the amount of leave that can be donated: 40 hours of annual leave per year; or 80 hours of sick leave (if the employee has over 480 sick hours in their sick bank). 
  • Clarifies that an employee must be on FMLA in order to qualify for leave donations (currently it is up to the Department Director).
Policy 11: Discipline
  • Creates 2 categories of discipline: Informal and Formal. 
  • Changes Probationary Period to a Performance Improvement Plan. 
  • Removes the written reprimand from the appeals and notice rules. 
  • Clarifies the rights and responsibilities during an investigative interview of employees. 
  • Clarifies the steps and rights of a pre-action meeting. 
  • Changes the grievance process to an appeals process. 
  • Removes the forms from the personnel policy.
Policy 16: Nepotism
  • Department Director was added to the list of individuals who may not hire relatives. 
  • HR will review applications to ensure that the appearance of nepotism or favoritism does not occur when applicants are selected for interviews or hire. 
  • Employees would no longer be able to intervene in any manner in the selection of a family member for employment.
Policy 23: Drug Free Workplace 
  • Added a clause allowing the exchange of closed containers of alcohol for gifts.
Policy 26: Computer Usage; E-Mail Use, Retention, & Storage; and Internet Policy 
  • Added a section limiting the storage of email to 6 months only.
Policy 29: Conflict of Interest
  • Clarifies that employees may not be members of political committees, officers of partisan political committees or nominees for paid elective office for Oro Valley municipal elections. 
  • Clarifies that employees in their personal capacity may express opinions, attend meetings (not in uniform), vote, sign nomination or recall petitions and advocate for election or defeat of candidates.
Electronic Version Differs from Hard Copies

Two minor changes were made to the hard copies that were distributed to Council on December 6, 2013.  These changes are now included in electronic version.  These changes are:

Personnel Policy 10.6 – Observed Holidays
B. Holiday Pay
3.        Employees whose regularly scheduled day-off falls on an observed Town holiday will may receive a different day off during that same week as their holiday unless required to work. (The word “will” was changed to “may”.  This better reflects current practice for those departments who work 10 hour shifts.)
D.  Holidays Worked
If an eligible employee is required to work on an observed holiday, the employee will receive the employee’s normal rate of pay for their usual shift, plus holiday pay, plus regular overtime pay if required for any hours actually worked over 40 in that workweek.  (The phrase “actually worked” was removed because they are not included in our current rule and this change is not being recommended.)
FISCAL IMPACT:
The proposed personnel policy changes are not expected to have any significant fiscal impact on any one department or employee.
SUGGESTED MOTION:
I MOVE to (adopt or deny) Resolution No. (R)14-05, repealing and replacing Personnel Policies, 2, 9, 10, 11, 16, 23, 26, and 29.
Attachments
(R)14-05 Amending OV Personnel Manual
Policy 2
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Policy 9
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Policy 10
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Policy 11
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Policy 16
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Policy 23
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Policy 26
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Policy 29
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Employee Comments


    

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