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HomeMy WebLinkAboutPackets - Council Packets (920) AGENDA ORO VALLEY TOWN COUNCIL STUDY SESSION MARCH 28, 2007 ORO VALLEY TOWN COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE STUDY SESSION - AT OR AFTER 5:30 PM CALL TO ORDER ROLL CALL 1. COMMUNITY RELATIONS PROGRAM/CONSTITUENT SERVICES 2. PRESENTATION OF PROPOSED PERSONNEL POLICY & PROCEDURE CODE CHANGES 3. DISCUSSION ON PLANNING AND ZONING NOTICE PROCEDURES 4. DISCUSSION REGARDING WHETHER A CONSULTANT SHOULD BE HIRED TO ASSESS THE FEASIBILITY OF EXPANDING THE TOWN'S IMPACT FEE PROGRAM ADJOURNMENT POSTED: 03/21/07 4:30 p.m. kc The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk's Office at (520)229-4700. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 28, 2007 TO: HONORABLE MAYOR & TOWN COUNCIL FROM: Bob Kovitz, Governmental and Community Relations Administrator SUBJ: Community Relations Program (Including Communications and Media Relations) The adopted Town of Oro Valley's Adopted Strategic Plan includes the following statements, goals and strategies: "Leadership,trust and communication are interrelated principles.You cannot have one without the others. Effective leadership is the pursuit and implementation of stated goals and objectives through courageous action,creativity, cooperation,transparency,and communication. The ability to communicate well is what motivates people and turns great ideas into action.It is what makes all achievement possible. Oro Valley is committed to the following effective communication principles: 1. Make clear, concise and timely communication a top priority. 2. Be open to a variety of viewpoints, but strive for consensus 3. Create a receptive and trusting environment for communication. Through effective communication, internally as well as externally,a leadership culture will be developed and strengthened at every organizational level. Leadership and Communication Goals: 1. Build trust through effective public outreach and communication; ensure that communication is two-way 2. Create an environment conducive to effective dialogue among the Council,staff,and community. 3. Improve intergovernmental and community association relationships 4. Encourage and develop leadership within and without the organization Strategies: 1. Expand leadership training opportunities for staff, Council,volunteers and citizens at large who wish to participate in guiding the community 2. Develop and implement a comprehensive public and internal outreach and communications program. 3. Regularly conduct joint Council and staff workshops to ensure good communication and effective implementation of goals." During the past three years, the Town has undertaken numerous initiatives to improve and strengthen our communications and community relations activities, including such important projects as our web site re-design, the initiation of our Listserve ('0-Mail"), the development and 1 distribution of a Town-wide newsletter, effective use of Water Utility billing inserts, greater participation ation in community organizations, and increased presence on local television. But these initiatives are only just a beginning, and to meet the goals of the Town's Strategic Plan, it is essential that we upgrade and broaden our efforts so that we use multiple platforms for reaching our public. With the Town's Strategic Plan elements in mind, we have undertaken the development of a comprehensive Community Relations Program which focuses on communications, leadership opportunities, and media relationships. The Program is divided into three distinct sections: • Media • Community Education and Involvement • Professional Development In addition, a Media Relations Policy has been developed and implemented among the senior staff members of the Town. That policy is included with this Communications as an additional item following the Community Relations Program. Each of the three sections of the Program contains individual action items. Some of these actions have already begun, or are enhancements of existing activities. However, the majority are new initiatives designed to meet the goals of the Strategic Plan. All together, there are over 50 separate action items contained in the Community Relations Program. Following Program Pro ram description, there is a recapitulation of the individual elements, broken down by subcategory ory and showing the action items. The last section is a spreadsheet that shows an implementation calendar for the action items themselves. We believe that these action items, when fully implemented, will greatly help us to continue to be a "Community of Excellence." The area of communications is rapidly changing, and we need to berep ared to use all of the methods available to us to share our message in a variety of p ways. When we are able to use these methods, we will create the receptive and trusting environment that the Town's Strategic Plan calls for. C--- Bob Kovitz, Governmental a d Community Relations Administrator ier6mite 1k; ene Watson, Assistant Town Manager C4/2:i (lettilLeA4, - David Andrews, Town Manager Attach. Community Relations Program—Town of Oro Valley Overall Goal: To provide the citizens of Oro Valley with accurate and timely information about current issues, activities, and projects. Purpose: The purpose of the Community Relations Program is to lay out the many methodologies that may be used to meet the Program's overall goal. Each of these methodologies should be considered for the ways in which they contribute to the Program's goal, and these elements may be utilized in whole or in part, depending upon the issue, activity or project. Based on the Community Relations principles and the Media Relations policies,the Program contains the following elements: A. Media B. Community education and involvement C. Professional development A. Media Methods for dealing with the print and broadcast media are spelled out in the Media Relations Policy (attached). The Town recognizes that our ability to successfully place informational items is determined by the media's available space or time. These methods outline below should be endorsed by the Town Manager and the department heads, and distributed to all Town departments. 1. Press Releases The Town may issues press releases about upcoming events, volunteer opportunities, significant achievements,human interest stories, and major changes pp g in Town personnel. There is not the expectation that these releases will be printed as submitted. purpose bring Rather, ose the u of the releases is to this information to the attention of the media so that they can adequately plan their coverage or allocate space/time for the information contained in the releases. Town departmental representatives should contact the Community Relations Administrator at least 14 days in advance of any event to be publicized via a press release that would be sent to local or weekly media outlets. For media outlets that publish monthly(e.g., Oro Valley Magazine, Tangerine Magazine, Tucson Lifestyle),the information should be prepared and sent at least 60 days in advance. In addition, it is the responsibility of the Community Relations Administrator to initiate releases bystaying current on all major initiatives undertaken by the Town. Departments may not always realize that some of their routine activities are worthy of media coverage. ACTION ITEMS: A. IssueP ress releases via FAX as well as e-mail to either NW Media or General Media. B. By e-mail, share releases with Mayor, Council and department heads and division administrators C. Post releases to Town website D. With input from Town Manager and department heads, bring additional stories about town activities to the attention of the appropriate media 1 ., 2. Television News and Video alerts There maybe activities or projects that will create opportunities for television pJ news coverage if the activities or projects are visually interesting. Since all of the local television studios are located some distance from Oro Valley, it may be difficult to attract video attention. On the other hand,news organizations may recognize opportunities that the Town had not considered (e.g., broadcasting from within the Police communications center as part of Town's designation as "Storm Ready."). The Community Relations Administrator will work with the departments to determine the suitability of activities and projects for news video coverage. The Administrator may then issue a Video Alert along with a press release in order to offer news broadcast opportunities. The Administrator should also contact News Directors and Assignment Editors to bring local stories to their attention. The Town should also pursue television news coverage of more routine matters if there is sufficient visual content or community-wide interest in the story. ACTION ITEMS A. More aggressively create video opportunities for television media. B. Do our own internal digital filming of significant events or activities and have those available for viewing and/or downloading from Town website 3. Press Conferences/Press Briefing When there is an item of significant interest, the Town may undertake a Press Briefing whereby the representatives of the print media are invited to an informal meeting to discuss the issues around the item. The Community Relations Administrator should convene the meeting and invite all of the staff participants who are involved with the particular issue. If possible, written material (including Council Communications and supporting documents) should be provided to the media representatives. 1 1 , Press briefings must be held with consideration for the deadlines of the respective print media outlets. In rare instances, themay Towncalla press conference to discuss serious issues. If such a conference is called,the Town Council should be so informed. The Town Manager, Mayor and CommunityRelations Administrator should meet prior to the conference to outlirte the points that will be covered. The Community Relations Administrator should serve as moderator for the press conference upon callingu on elected or staff officials who may make statements or take questions. Ifp ossible written material should be prepared and distributed to media representatives at the press conference. ACTION ITEMS A. Continue to invite print and broadcast media representatives to briefings regarding upcoming issues, particularly those which will appear on an agenda or which are circulating through the community. B. Briefings may include departmental representatives, elected officials and/or line staff who have responsibility for a particular area. C. Prepare background material for media attendees at briefings. 4. General relations with media The Town should endeavor to create a positive working relationship with representatives of the media. This can be accomplished by keeping deadlines in mind androvidin information as quickly as possible. The Town Manager and p g the CommunityRelations Administrator should develop a trusting relationship with reporters and editors of all media, including daily and weekly newspapers as well as television news departments. The Administrator should also keep all department heads appraised of any changes in media coverage (new reporters or editors). ACTION ITEMS A. Develop once-a-month breakfast or lunch meetings with print media representatives and Town Manager/Assistant Town Manager/Department heads for generalized discussions. B. Develop bi-annual tours for media representatives of Oro Valley to focus onp ending developments, improvements, and current projects. 5. Letters to the Editor; Guest Op-Ed Pieces From time to time, the Town should submit Letters to the Editor and Op-Ed pieces reardin specific issues. These pieces should generally come from elected officials, although they should seek assistance from the Town Manager and Community Relations Administrator. Elected officials should confer with the Town Manager and the Community Relations Administrator to discuss appropriate use of these outlets. ACTION ITEMS: A. Continue to monitor local media (and national media,when appropriate) for opportunities to share "our message"via guest editorials or letters. Alert editors, prepare and submit these pieces. B. Pursue a regular column by Council members and/or Town Manager to appear in the Explorer and/or the Star NW. If charged for ad space, budget appropriately. 6. Public Access Television In 2005, the Town began its participation in once-a-month broadcasts of "Government Connection," a regular feature on Access Tucson's PEG channels. This broadcast is carried on both Comcast and Cox channels. There is no charge to the Town for this participation,ation, and the program is a 30-minute interview with a host to and up2 guests and a call screener to handle any phone calls to the guests duringthe live interviews). The broadcast is shown live on Wednesday nights and is repeated on tape twice more during the following week. g Guests on Government Connection may include the Mayor and Town Council members, department and division heads, and other community leaders or representatives of community organizations (e.g.,Northern Pima County Chamber, GOVAC). Each month, the Town Manager and the Community Relations Administrator will review a topics or issue and then solicit participation from the appropriate Town or community representatives. Guidelines or criteria for participation in the p program may be developed. ACTION ITEMS: A. Expandg guests the range of and topics that could be featured on Government Connection. Create criteria for participation. B. Take DVD's of Government Connection programs and have them available via Granicus on the Town's website. Promote the availability of these programs. C. Pursue live video broadcast of Town Council and other meetings via Granicus and/or local access television. a + 7. Radio There is a dearth of local-origination news programming on Tucson radio. There areprograms a few live call-in type ro rams that may be appropriate for use occasionally. Radio—like television broadcasts to a wide audience, and Oro Valley issues maynot attract enough listeners to particular broadcasts. g Nevertheless, press releases should continue to be sent to all radio outlets (along with ) p rint and television media), and the Community Relations Administrator may endeavor to book Oro Valley leaders (Mayor, Council members, Town Manager) on local talk-shows, depending upon the issue at hand. ACTION ITEMS A. Book elected and appointed officials onto local radio broadcasts. Encourage call-in programs,with Oro Valley guests present in the studios or by telephone. 7. Public Interest Television Programming As a condition of their FCC licenses, local television stations are required to provide "public interest"programming about local issues. Most frequently, the programs may be viewed on Sunday mornings. Depending on the issue, it may be appropriate ro riate for Town leaders to be booked on these programs if the hosts or producers believe that there is sufficient community interest in the particular story or person. Public broadcasting (KUAT-Channel 6) covers local issues in depth. Releases and story ideas should be pitched to the producer of"Arizona Illustrated" or other locally focused programs. The Town should continue to take advantage of the PSA's that Comcast will prepare and broadcast (usually in the form of one slide, no audio). ACTION ITEMS: A. Place additional PSA's about Town activities and events with Comcast B. Improve turn-around time on Mayor's State of the Town speech broadcast C. Pitch more NW story ideas to "Arizona Illustrated" and Sunday-morning local interest programs B. Community Education and Involvement Based on the outline in the Community Relations Principles (separate document),the Town should create or take advantage of opportunities to become involved in local activities, projects and programs that will increase the visibility of the Town and its leaders. 1. Town-initiated events When the Town is the main sponsor of events, it is important that Town leaders be present to indicate their support. They should be encouraged to mix with the other attendees and to show by their presence that they are involved community members. Town-initiated events include but are not limited to the Tree Lighting Ceremony, Volunteer Recognition Dinner, Farmer's Market, Book Festival, Citizen Planning Institute, etc. ACTION ITEMS: A. Begin consideration of"destination" event that will draw visitors to Oro Valley. B. Develop a new off-the-shelf, easy set-up display that can be used by all departments for local fairs, conventions,meetings C. Update the Town's Special Events procedures, policies and code sections (if applicable) D. Develop a master calendar of all events and meetings,whether Town-sponsored or not. Initiate wide distribution of the calendar for improved coordination. 2. Oro Valley-based events sponsored by other organizations Many organizations sponsor events in Oro Valley that may or may not require resources from the Town. Nevertheless, it is equally important for Town leaders to bep resent at these events to demonstrate their support for the sponsor organization and Oro Valley citizens who may be participating. p Events sponsored by other organizations include but are not limited to: VAC arts and music programs, the Independence Day celebration,the GO p g American Cancer Society's NW Pima County Relay for Life,the American Diabetes Association Walk, the Harvest of Hope festival, El Tour de Tucson, the Tucson Marathon,the Arizona Distance Classic, State of the Town luncheon,Northern Pima County Chamber Gala, etc. ACTION ITEMS: A. Develop invitation protocol for Town leaders when they are invited (or should be invited) to local and regional events. B. See Master Calendar and Special Events procedures, above. 3. Events specifically designed to share information Oro Valley already has an issue-based track record in holding open houses and community events to share information about specific projects. These have included roadway improvements, General Plan issues, annexation, reclaimed water, etc. Depending on the issues,these open houses may not attract a great number of participants.ants. Therefore, they should not be relied upon as the sole method of designing information about specific issues. They are valuable, however, as one way to elicit feedback about projects and activities. Oro Valley Town leadership (elected and appointed) can attend these events, although their participation is not key. Their presence, however, helps to support the overall goal of increasing the visibility of town leaders. ACTION ITEMS: A. Coordinate Town leader attendance at these events (see Master Calendar, above) 4. Town Newsletter The Town newsletter("Oro Valley Vista") is another opportunity to educate citizens regarding current issues, activities and programs. The newsletter has proven to be of particular significance in reaching newer residents who may not be aware of all of the services that the Town provides or supports; and it has enerated phone calls from citizens who did not receive their copies of the g newsletter. The newsletter is published in black and white format, and is mailed every two months to all Oro Valley postal customers. It contains brief articles about current projects, but also highlights ongoing programs and activities that may have already been featured in news publications. It may be possible to expand the newsletter to full color and monthly publication, depending upon the availability of resources. There may also be consideration of returning to a published page in a weekly newspaper that very briefly highlights upcoming meetings and current activities. The published newspaper page might then substitute for monthly publication of the newsletter. ACTION ITEMS: A. Gather research on newsletters from 6-10 other cities/towns to compare and see what style might be preferred or pieces taken to comprise a unique OV look(get copies of newsletters, costs to produce, time to produce,ways of distribution, etc.) B. Review and discuss with Town Manager preferences and then meet with Mayor/Council members to discuss and find out what they would like to see, including frequency of distribution,manner of distribution,within constraints (e.g., budget). If approved, begin monthly publication. • C. Set up a timeline bywhich the transition will be made and the steps to get there so the organization and Mayor/Council can know when this can be expected. Make sure it has lead time widely announced ahead of the change. 5. HOA Publications and Meetings Homeowners and communityassociations are formed to protect and enforce owners within a given subdivision or neighborhood. the interests of property TheY vary greatly in their size and level of activity. Most HOA's in Oro Valley are administered by professional property managementcompanies. Amongthese companies' duties may be the p . publication of a newsletter for all of its residents. Not all HOA's have newsletters or regular publications; those that do might only publish quarterly or periodically. Therefore, the Town cannot rely solely on HOA publications for the timely dissemination of information. Certainly, if there is an issue of very specific interest, the HOA management company should be contacted. At that point, a decision can be made about whether to distribute written material and/or to participate in an HOA meeting Town leaders and senior staff members should make use of these associations as appropriate,ro riate but we should not be dependent upon them since they normally do not have any obligation to the Town. ACTION ITEMS: A. Publicize the availability of Town leaders to address HOA groups on general Town issues or issues specific to that neighborhood. B. Work with individual management companies and community managers to learn the deadlines and submittal requirements for their ■ newsletters. Follow up with appropriate and timely news that they can carry for their members/residents. 6. School-based programs As the demographics of Oro Valley change and as the community attracts younger families with school-age children, it is appropriate to engage the schools in activities or programs. Since the Amphitheater School District forbids the distribution of printed material from sources outside of the school (except for health and safety material),we need to use other methods to connect with the schools. For example, we have taken our Streets equipment to the elementary schools for demonstrations to the early primary grades. In addition,we have participated ated in REACH (gifted) programs, Odyssey of the Mind competition, County School Superintendent job shadowing project, Teen Court in the Schools and Boy Scout training activities. Additional activities like Project Graduation and support for various clubs (e.g., Key Club, DECA) are appropriate. Many times, the Police Department may take the lead in activities because they have School Resource Officers present on the campuses. We should also maintain positive relationships with thep rinci als and counselors at the schools, as well as the District's senior p leadership (See Intergovernmental Relations Policy for further discussion). The Town should be meeting periodically with the Amphi School Board and the directors of Pusch Ridge Christian Academy and Immaculate Heart to discuss issues of mutual interest. ACTION ITEMS: A. Arrange periodicjoint meetings with Amphi School Board and/or governing boards of local parochial schools B. Provide incentives for Town employees to be active in school programs and associations (e.g.,DECA,Key Club,REACH, Odyssey of the Mind, etc). C. Initiate a formalized intern program both high school summer and university semester programs D. Createro rams that bring municipal issues, equipment and p g personnel to the schools at all levels 7. Community Organizations The Town encourages participation and leadership in community service g organizations such as Rotary, Kiwanis, Lions, Interfaith Community Services, Northern Pima County Chamber and Optimist clubs. The Town should adopt a n bud etipolicyfor membership and meals when Town employees or budgeting leaders become members due to their Town employment or position. The Town should also make its leadership available for presentations about current issues to these organizations. ACTION ITEMS: A. Develop a speaker's bureau of Town officials who are able to makep resentations on a variety of topics; publicize the availability of these speakers to community organizations B. Invite varying groups of people in to breakfast with the Mayor, Council members or TM (e.g., Barbers and Beauticians Days) C. Create a policy for Town reimbursement of membership dues and fees when a community organization membership is required as a condition of employment or as part of a department's workplan. This PY olic should address both individual and town membership issues. C. Professional development staff development should be coordinated through the Human Normally, p p Resources Department. However, since public and community relations may be responsibility viewed as the res ibilit of all elected officials and Town employees, it is desirable to develop the skills of those individuals. 1. Media training Frequently, department heads and Town Council members are contacted for stories in the media. In addition,the media will report what has been said at public meetings. We must understand that the media has a responsibility to report accurately what they see and hear. However,this does not mean that an editor's or p reporter's opinion of what is important is the same as ours. Therefore, a story may run that emphasizes only the most extreme positions or uses only the most extreme quotes. Therefore, we should develop a curriculum that helps department heads and Council members in dealing with the media. This may be accomplished by: • Invitin editors and reporters to work sessions that focus on dealing Inviting p with the media • Distributing written"tips" for dealing with the media • Videotaping of simulations for analysis; presentation of case studies for discussion • Including media training as part of the new Council member orientation (and as orientation of selected volunteer boards and commissions) ACTION ITEMS: A. Professional media training for our Council and executive team. B. Develop trainingmaterials that can be accessed by new hires who may be called on to deal with media. 2. Selected training for key personnel trainingsessionspresented bya wide range of Each year,there are local professional organizations and presenters. Key personnel should be encouraged to attend these sessions to develop their communication and presentation skills. For example, Pima Community College offers many one-day or half-dayclasses on effective communications and the use of technology (e.g. PowerPoint). ACTION ITEMS: A. Explore costs for individual and group training opportunities that will enhance the skills of those making presentations to community groups, advisory boards and commissions and employee groups. 3. Toastmasters Toastmasters International provides a structure and forum for the development of speaking and organizational skills. Not only do the participants prepare artici ants short speeches, but they also learn the art of speaking extemporaneously and how to provide effective evaluation. Town management should participate or encourage their departmental staff to participate in the Town's Toastmaster program. This is particularly true for those staff members who have regular public contact or who make presentations to the Council or volunteer boards and commissions. ACTION ITEMS: A. Continue to promote Town-paid membership in Toastmasters Club. [Should it be a requirement among senior staff?] I ' is• an issue, allow staff to attend and join other Toastmaster B. If time chapters. 4. Written Communication There may be Town employees who need assistance in their writing skills. we mayconsider some basic trainingin proper grammar and Therefore, business letter creation for employees who send out written communications. The overallg oal of such training will be help us in educating our various publics byclearly explaining rules,policies and regulations that govern municipal matters. Therefore, the training should focus on both electronic communication(e-mail) and hard copy communication(FAX and letters). The trainingcan also include various topics (e.g., responding to citizen complaints,providing information about upcoming events or hearings, p etc.). ACTION ITEMS: A. Centralize and standardize the "look" of all materials that originate in Town Hall, regardless of department. B. Seek standardization of image by working with each department on their Town brochures to insure correct logo usage, content and visual appeal C. Assist in the development of needed informational materials that promote a service, explain an operational area or market the Town 5. Employee newsletter The Town has been without an employee newsletter for many years. With an employee population nearing 400, emphasis should be placed on sharing information with the employees since they are in touch with the sha g public on a daily basis. The "Messages ssa es from the Manager" currently serves this purpose in an g abbreviated form. However, it is anticipated that the "Messages"will undergo modification so that it becomes a regular employee newsletter. The content will include current Town activities and projects,but it will alsohighlight hi hli ht achievements and milestones on the part of employees. ACTION ITEMS A. Research similar newsletters from comparably sized towns and cities. B. Work with Human Resources to determine what types of general employee information should be contained in the newsletter. C. Share a variety of layouts and styles with employee groups for feedback. D. Launch the employee newsletter to take the place of the "Messages from the Manager." TOWN OF ORO VALLEY MEDIA RELATIONS POLICY GOAL: The Town of Oro Valley seeks to inform its residents,businesses and visitors by engaging in a pro-active communications program. This program recognizes that one of the most effective and quickest ways to communicate Town policies and activities to citizens is by working in partnership with the news media. POLICY: Inquiries from the news media are given a high priority by the Town of Oro Valley and should be responded to as quickly and efficiently as possible. Every effort should be made to meet media deadlines and to ensure that all information released is accurate. The Governmental and Community Relations Office is responsible for the Town's media relations, with the exception of most public safety issues. All Town employees should notify the Governmental and Community Relations Administrator's Office (which includes the public information function) about media inquiries. The majority of Town media requests are initiated when the media contacts the Governmental and Community Relations Administrator's Office. This, of course, does not preclude the Governmental and Community Relations Office from initiating media contact when there are newsworthy items. Because the media often works on tight deadlines, it is important that all departments respond as soon as possible when the Governmental and Community Relations Administrator's Office requests department information or a spokesperson for the media. Specific guidelines for responding to media requests follow. TOWN SPOKESPERSONS: Unless otherwise authorized,the Town's spokespersons are: • Mayor and Town Council members • Town Manager,Assistant Town Manager • Department Heads • Governmental and Community Relations Administrator • Police Department Public Information Officer • Exceptions regarding departmental spokespersons may be made at the discretion of the Department Head. MEDIA INQUIRIES: Any media inquiries received by any other Town employees should be referred to the Governmental and Community Relations Administrator's Office and/or to the respective Department Head. An appropriate response to the media by any other Town employee would be, "I'm sorry I don't have the full information regarding that issue. I will give your request to my Department Director(or the Town's Governmental and Community Relations Administrator) who will respond to you as soon as he or she is available." Please obtain the reporter's name, phone number (cell number, too, if the reporter is "in the field"), topic of story and deadline. Whenever possible, the Governmental and Community Relations Administrator will contact the Department Director to let him or her know that a media inquiry is expected. This will allow the Director to gather information for the media representative. SENSITIVE OR CONTROVERSIAL ISSUES: All television, radio, newspaper or other media inquiries regarding sensitive or controversial issues should always be referred to the Governmental and Community Relations Administrator's Office and the employee's Department Head. The Governmental and Community Relations Administrator, in conjunction with the Town Manager, will coordinate a response including designating a spokesperson. LITIGATION, PERSONNEL AND ELECTION ISSUES: Generally, the business conducted by the Town of Oro Valley is public, and therefore, is public information. Inquiries regarding pending litigation, matters involving a significant exposure to litigation and certain personnel-related information are exceptions. Inquiries regarding pending litigation or exposure to litigation should be referred to the Town Attorney's Office and the Governmental and Community Relations Administrator's Office. Inquiries regarding personnel-related information should be referred to the Human Resources Department and to the Governmental and Community Relations Administrator. In both of these cases, the Governmental and Community Relations Administrator will notify the Town Manager's Office. Inquiries regarding election and campaign issues should be referred to the Town Clerk or Deputy Town Clerk. The Town Clerk will contact the Town Manager's Office, Town Attorney's Office and Governmental and Community Relations Administrator as appropriate. PERSONAL POINTS OF VIEW It is recognized that all employees have the right to their personal points of view g re ardin any issue. However, personal points of view may conflict with the Town's regarding officialolic . Therefore, Town employees who write letters to the editor of any p Y newspaper may not use official Town stationery,prepare their letters on Town time or mail the letters at Town expense or from Town-owned computers. If an employee chooses to identify himself or herself as a Town employee in any personal letter or e-mail to the editor, he or she must include language which states the views set forth in the letter do no represent the views of the Town, but rather, are the employee's personally-held opinions. Similar disclaimers must be given if an employee addresses a public meeting, participates ates in a radio talk show, or is interviewed for a radio or television program unless the employee is officially representing the Town. Employees who are representing the p Town in any of the above formats must identify themselves as official spokespersons for the Town. GENERAL OR ROUTINE ISSUES: Broadcast media: Calls from broadcast media (TV and radio) should always be referred to the Governmental and Community Relations Administrator and to the employee's Department Head. The Governmental and Community Relations Administrator may consult with the Town Manager and coordinate a response including designating a spokesperson. Local print media: Calls from local print media regarding most departmental issues and programs may be handled by each department's Director. On occasion,the Director may designate an employee in the department to respond to specific questions from print media. The Governmental and Community Relations Administrator should be informed of these media requests---including the reporter and topic---either before or immediately following these interviews. TOWN-INITIATED INFORMATION: Most proactive media contact is initiated through the Governmental and Community Relations Administrator. This includes issuing press releases and media advisories and personal contacts with reporters and editors for coverage. Departments seeking to publicize Town events or activities should consult with the Governmental and Community Relations Administrator as soon as possible to ensure the best media coverage of their activities. Departments should not initiate news media contacts without notifying the Governmental and Community Relations Administrator. PUBLIC SAFETY ISSUES: , • Because the Police Departments operates 24/7 and its work generates a high volume of p . media calls, this department has its own media spokespersons and follows specific guidelines when releasinginformation. Any media calls to other Town staff regarding a Police issue should be referred to the Police Department. All information released to the media bythe Police Department should also be provided to the Town Manager's Office; p in addition,the Town Manager should also be contacted at the time of major incidents. CRISIS OR EMERGENCY ISSUES: Duringa crisis or major emergency(i.e. earthquake, flooding), the procedure for handling � the media is highlighted in the Town's Emergency Operations Plan. The plan designates the appropriate point of contact for the media. TOWN OF ORO VALLEY COUNCIL COMMUNICATION UNICATION MEETING DATE: March 28, 2007 TO: HONORABLE MAYOR & COUNCIL FROM: Sandra L. Abbey, Human Resources Director SUBJECT: Presentation of Proposed Personnel Policy & Procedure Code Changes SUMMARY: In accordance with Article 3-3-2 of the Town Code, the council may adopt by resolution rules and regulations to give ive effect to the Personnel System. From time to time it is prudent to review the policies and proceduresupdate and to u date these based on needs of the Town, the employees, and legislative changes. Beginning in October of 2006, the Human Resources office has reviewed the existing Personnel g g Policies and Procedures Code, and recommends changes to several policies and procedures. The Town Managerand Department Heads have reviewed the proposed draft changes and have provided valuable p input into the final drafts presented here. ATTACHMENTS: A- Bullet-Point highlights of proposed changes (in powerpoint format) B—Draftp olicies indicating deletions with strike± rough and additions in bold SUGGESTED ACTION: Direction to staff to make any changes necessary to finalize policies in accordance with council input, and to bring final updated Personnel Policyand Procedures Code before the Mayor and Council at a regular Council p Meeting for action to 1) repeal by ordinance existing Personnel Policy and Procedures Code, and 2) adopt by resolution updated Personnel Policy and Procedures Manual. Aitildir Human Resources Director !LW Manager A ilit...chm en / General Discussion Items o General housekeeping and formatting changes - include definitions within policies; add (or designee) to certainreferences to Town Manager or Department Head responsibilities. o Terminology referring to dismissal or resignation (versus termination) o Terminology referring to Introductory period for new employees Town Code re: Personnel System o Administrative versus Legislative Nature of Personnel Policies c 3-3-1 Creation and Scope o "The town council may adopt a personnel system for the employees of the town,the provisions of which shall apply to all employees of the town as set forth in the personnel policies..." o 3-3-2 Rules and Regulations o "The council may adopt by resolution rules and regulations to give effect to this article,which may be modified or changed from time to time." Policy 1 - Interpretation o Adds statement of o Only Town purpose Manager can o Identifies other authorize any procedural deviation from guidance available Policy in Administrative o Non-contractual Directives or statement Department o Council power to Procedures/Rules amend, revise, add or delete policies 1 � t Policy 2 - Definitions o Adds benefit- o Clarifies definitions eligible definition of exempt o Updates employees, part- terminology for time employees, introductory temporary and period, dismissal seasonal and resignations, employees and other such o Eliminates clarifications outdated or unnecessary definitions Policy 9— Introductory Evaluation Period o Updates language to 0 Consultation with HR ,44 distinguish between and approval by Town new employees and Manager prior to those on disciplinary dismissing an • probations. New employee or employees will be extending the considered to be in Introductory Period. the"Introductory o If supervisor doesn't Period" complete an Introductory evaluation,the employee does not remain on Introductory status indefinitely Policy 10—Attendance and Leaves o Supervisors are o Employees not paid responsible for for more leave time determining work than they have schedules accrued. o Management must o Update of accrual approve time off table requests o Update exempt o Waiting period for employee accrual level introductory 0 Sick leave for family employees to use members annual leave 90-days 2 Attendance & Leaves Continued cFailure to return from c Clarify FMLA leave leave is considered provisions voluntary resignation 0 Clarify bereavement a Clarifies pay pay for procedure for friends/relatives not employees working covered by policy holidays(not a c Responsibilities of change,only a Town Manager and HR clarification of current Director for transfer of procedures) leave time Policy 11 — Discipline o Defines types and o Outlines roles of uses of disciplinary supervisor, dept action head,Town o Defines retention Manager or Asst period of Town Manager. disciplinary documentation o Adds substantial due process opportunities to employees Policy 14 - Overtime o Reinforces policy o Clarifies that an of supervisor and employee who employee working works overtime together to without obtaining determine use of proper approval, is either overtime subject to pay or comp time, disciplinary action if necessary and for failing to follow approved by Dept. policy. Head 3 • •t i r • 1 s Policy 17 -Termination 11, o Adds definitions o Updates language for Voluntary from"lay off"to Resignation and Reduction in `_ Retirement Force, which more o Updates and accurately reflects clarifies definition the Town's for involuntary procedures. Dismissal Policy 18 - Grievance o Updates language o Outlines two levels of defining purpose of appeal policy o Specifies procedures o Clarifies Informal for obtaining versus Formal Administrative Review grievance procedures o Eliminates Grievance o Outlines steps in filing Review Board(policy an initial grievance 20) (step one) o Eliminates GRB Hearings(policy 21) Policy 22— Reports and Records o Updates o Details procedures Performance for handling public Evaluation record requests language to reflect that involve new procedures employee records based on feedback to carefully from employee consider and focus group balance public o Updates Medical information rights Record privacy with employee language privacy rights. 4 Policy 24 — Light Duty o Change title to reflect o Update language and what policy relates to procedure for o Eliminate specific shift approving and trading information reviewing temporary p ary that only applies to light duty the Police Department assignments. (this should be included in P.D. rules/procedures manual) Policy 25— Drug Free Workplace o Minor clarification o Will be and language recommending a updates. review and update of Administrative Directive to better outline the procedures involved with employee drug testing requirements. Policy 31 — Conflict of Interest c: Clarifies activities that o Outlines a procedure may be deemed a for notifying conflict of interest. management of outside employment, and obtaining proper authorization for such employment so long as it does not interfere with Town responsibilities 5 c h p1 eft DRAFT POLICY 1 -INTERPRETATION The purpose of these personnel policies and procedures is to provide guidance on a variety of topics of importance to Town of Oro Valley employees. Many of the policies contained herein include specific procedures for carrying out the policies. In cases where additional procedures are required, Administrative Directives are issued by the Town Manager,or in cases where the policy applies to only one department,they would be issued in department specific rules or procedures by the Department Head(or designee). In the event that unusual circumstances arise,which are sufficient to warrant deviation from any policies in this code,the Town Manager will be required to authorize any such deviation in writing. It is important that employees know the Personnel Policies and Procedures are not an employment contract,and nothing contained herein may be construed as part of an employment contract,either express or implied. Except as otherwise expressly provided herein,supervisory employees or officers of the Town have no authority to make representations contrary to the terms of the Personnel Policies and Procedures. The Town reserves the right to change or revoke any policy or procedures at any time,by action of the Town Council; and no employee shall have any claim against the Town,or its supervisory employees or officers arising from such change or revocation. The Arizona Revised Statutes, Oro Valley Ordinances#93 06,and individual employment agreements,in the event of conflict,take precedence over all Personnel Polices. 1 DRAFT POLICY 2 -DEFINITION OF TERMS The following terms, whenever used in these policies,shall be defined as follows: SECTION 1. Anniversary Date: The annual recurrence of the date that an individual commenced employment in a position with the Town of Oro Valley. SECTION 2. Annual Leave: Time off with pay granted to the employee at the convenience of the Town in recognition of service and the employee's need for an annual period of rest and recreation. SECTION 3. Appointment: The acceptance of an authorized offer of a position with the Town of Oro Valley pursuant to these Personnel Policies and Procedures. SECTION 4. Benefit Eligible Employee: An employee who holds a regular(not temporary or seasonal)position with the Town, and who is regularly scheduled to work at least 20 hours per week. SECTION S - ! e;. : - .; • --: : •• - • pr-eeedur-es. SECTION 5. Classification: All positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title and with the application of common standards of selection,transfer, promotion, and compensation. SECTION 6. Compensatory Time: Time off given in lieu of monetary payment for overtime worked. SECTION 7. Demotion: The movement of an employee from a position in one classification to a position in another classification having a lower maximum rate of pay. SECTION 8. Department Head: Those officers or employees who are appointed or employed as the principal employee of a department for the discharge of duties provided by law or of particular delegated functions. cECT10141n - •.'. - • • : •- - ..- • - -- •----• ----. SECTION 9. Employee: Any person employed by the Town for wages and or salary for a particular position as defined in the classification system established by the Town of Oro Valley. SE-C---TION--1-2. •----- • • • : - -_- : ;- :- •.- •. •;; • ; : •----• .-: SECTION 10. Examination: A selection test or test procedure for a particular classification which is open to all persons meeting the qualifications for the position. SECTION 11. Exempt Employee: Employees classified as Executive,Administrative or Professional or such other position as may be determined by the tests included in the Fair Labor Standards Act(FLSA). Job Classifications are determined to be exempt or non-exempt according to the FLSA. A listing of exempt • SECTION 12. Full-Time Employee: An employee who is hired by the Town on the basis of working at least eight(8)hours per day and at least forty(40)hours per week. .-: • -: . .•:. : ; - • :- •-: •- I' GG A -•:• • - -• - " • • 2 SECTION 13. Grievance Procedures: A procedure which permits employees the right to grieve decisions significantly affecting their employment. SECTION 14. Introductory Probationafy Employee: An employee who is subject to an introductory evaluation probationafy period as further defined in these Policies. A probationary employee may be • SECTION 15. Introductory Evaluation Probationary Period: A period of time during which employees are required to demonstrate their suitability in their position by actual performance of the duties required. The introductory probationafy period will last twelve(12)full calendar months for police officers and six(6) full calendar months for all other full-time employees. The introductory probationaff period for part-time employees shall be nine(9) full months. SECTION 16. Merit Increase: A salary increase which may be granted to an employee based upon past performance over a period of time. SECTION 17. Overtime Work: Authorized time worked by a non-exempt employee in excess of 40 hours per work week, as defined by State and Federal law. SECTION 18. Part-Time Employee: An employee who is hired by the Town on the basis of generally working less than eight(S)hours per day or less than forty(40)hours per week, although there may be occasional instances in which a part-time employee may work forty(40)hours in a given workweek. SECTON 19. Performance Appraisal: Written evaluations of an employee's work given prior to the completion of the probationafy introductory period, and annually on or around the to each anniversary review date. - !, I. - -an Resources Director: Responsible for 1 human re-sources activities including SECTION 20. Position: An aggregation of tasks and responsibilities requiring the services of a person. SECTION 21. Probationary Period: A period of time, normally due to an inability or unwillingness to meet the conduct or performance expectations of the job,during which employees are required to demonstrate their suitability in their position by actual performance of the duties required. The probationary period will normally be no less than 30-days and no more than 6-months.last twelve(12) SECTION 22. Promotion: The movement of an employee from a position in one classification to a position in another classification having a higher maximum rate of pay. .. .Fernotional employee: An employee who is promoted within the Town's classification determined by the employee's job performance and other criteria outlined in this personnel policy. SECTION 23. Rate of Pay: The employee's hourly rate of pay calculated by dividing his/her annual salary by the number of hours associated with the position. SECTION 24. Sick Leave: Time off with pay granted to qualified employees by the Town in the event of illness or medical treatment. 3 SECTION 25. Suspension: The temporary removal of an employee from their position with or without pay for disciplinary or administrative purposes for a specified period of time. SECTION 26. Temporary Employee: An employee hired on a provisional, temporary basis for periods not to exceed three(3)full calendar months,or for longer periods of employment such as approved by the Town Council during the budget process, in order to provide necessary public service or when a short-term increase in workload requires additional employees. The appointment may be extended for up to an additional three(3)months upon authorization by the Town Manager. Seasonal employees are considered temporary employees for pay and benefits purposes and their employment is normally terminated at the end of the seasonal assignment,although their status may be reactivated as needed each season. SECTION 27. Termination: The separation of an employee from employment by any means other than retirement whether it be voluntary(resignation)or involuntary(dismissal). SECTION 28. Transfer: A change of an employee from one position to another position having the same maximum rate of pay. SECTION 29. Verbal Reprimand: A verbal warning which personally informs an employee that his/her performance or behavior is unsatisfactory. - :. -: ••-.•: •-. :- :; .---- -: ; . -- _. SECTION 30. Work Week: For most non-police employees,the work week shall commence on Monday and shall end on Friday and normal working hours shall consist of 8.0 hour days with a one hour lunch period,unless otherwise approved by the Department Head. For Police Department employees,the work week will remain flexible(and assigned by Department management)to best meet the needs of the Town. SECTION 31. Written Reprimand: A written warning giving formal notice to an employee of unsatisfactory performance. A written reprimand may b- . :-•;.-•-: : :• •: •-. . . ';- .-:. : 4 DRAFT POLICY 9—INTRODUCTORY EVALUATION PROBATIONARY PERIOD SECTION 1. Introductory Probationary Period: All newly hired employees shall be subject to an introductory probationary period of not less than six(6)full calendar months of actual service. Part-time employees shall be subject to introductory periods not less than nine(9)full calendar months. The introductory probationary period for police officers shall be for a period of not less than twelve(12) full calendar months following their completion of the Academy. Police Dispatchers shall also be subject to . -••- •- •-:• • introductory probationa periods of not less than twelve(12)full calendar months. SECTION 2. Objective of Introductory Probationary Period: The introductory probationary period shall be utilized for closely observing and evaluating assessing the employee's work performance and suitability for their position. SECTION 3. Inability to Successfully Complete Introductory Period ' - : . •:• ' ==• •:- During the introductory probationary period, a newly hired employee may be dismissed at any time by the Department Head in consultation with the Human Resources Director, and with the approval of the Town Manager,with or without cause and without any recourse through the grievance procedure. Written notification of the termination shall be given to the employee and a copy filed in their personnel file. SECTION 4. Extension of Introductory Probationary Period: The Department Head,in consultation with the Human Resources Director,and with approval of the Town Manager,with- r -;• -- ;--,----;• •:• : . !-:. ---- --•:,may extend an employee's introductory period for a specified period of time,not to exceed six(6)full calendar months; and the employee shall be notified in writing of the reason for the extension. Extension of the introductory probationary period is not grievable under these policies. [comment—the following section is now included in the discipline policy—not in this policy.] - e, , !' ary Probation: An employee may be placed on disciplinary probation by his/her • •. -• - ;• •• •• •. • •. ••. '• •• •. . •. ••- . •- • •- ••• • .• --• • . - • • • SECTION 5. Completion of Introductory Period: Employees who complete their introductory probationary period satisfactorily will thereafter become regular full-time or part-time employees. Successful completion of the introductory probationary period does not create any contractual rights for such employees. Employees who complete their introductory probationary period are not normally eligible for pay increases at that time(unless their introductory probationary period ends at the completion of their first year of employment). Employees will receive a formal performance evaluation at the completion of their introductory probationary period.In the event a supervisor either fails to complete a formal performance evaluation or extend the introductory period in a timely manner,the employee will be deemed a regular full-time or part-time employee, and no longer in the status of an introductory period employee. 5 DRAFT POLICY 10 ATTENDANCE AND LEAVES SECTION 1. Attendance: Employees are expected to maintain acceptable;attendance levels in accordance with the policies regarding hours of work,holidays and leaves. All department heads(or designee) shall ensure that official time sheets(as approved by the Town Manager)are utilized. It is the policy of the Town that the standard work week shall consist of 40 hours as determined by the individual departments with the approval of the Town Manager. Flexible work schedules may be allowed if approved by the Department Head and the Town Manager(or designee). It is the responsibility of the supervisor in conjunction with his/her department head to determine work schedules that meet the needs of the department,while giving consideration to employee preferences when possible.Alternate schedules must ensure that the Town's our ability to serve our customers is not negatively impacted in any way. Exempt Employees—Employees classified under these policies and designated by the Town Council as exempt employees pursuant to the Fair Labor Standards Act shall generally not be subject to deductions from pay or paid leave including annual leave for absences less than one complete work day. SECTION 2. Annual Leave: Requests for Annual leave shall be submitted to the immediate supervisor prior to use of the leave. In turn,Supervisors shall obtain additional approvals as required.Request for Time-Off forms are available on the Town intranet,or from the Human Resources office for this purpose.Timing of the leave shall be at the approval of the Department Head (or designee). All employees shall be entitled to annual leave with pay except for the following: A, Employees who have completed less than 90-days • ; . --:. -•:• - of service •:-. • :- •:: are not eligible to take annual leave,however annual leave is accrued during that period. .-: --. . -- • . - ..•-• •- ;--; •:• ; -- : ::. *: ._ •.. unused, accrued vacation.) :- .. ': • ! - - . ;..- --:• . ; ;;. •;.. B. Employees who work on a provisional or volunteer basis and all employees who work less than 1040 hours a year. C. All part-time employees who have a regular work schedule of less than twenty(20)hours per week. D. An employee may not be paid more annual leave time than they have accrued. If work demands do not permit employees to use all of their annual leave in a particular fiscal year,such annual leave shall be carried over. The amount carried over must be used in the next fiscal year. Under no circumstances may an employee accrue more annual leave than would be normally earned in 18 months of service. In the event one or more municipal holidays fall within an annual leave, such holidays shall not be charged as annual leave. Employees who terminate employment shall be paid in a lump sum for all unused accrued annual leave as of the effective date of termination., •- - •-: ---; : •- • - - -.- • •-:- - : • - . -_ •--- The annual leave accrual policy is as follows: 6 Full-time employees with the exception of Department Heads and exempt employees,accrue annual leave at a rate specified below,which depends on their length of employment with the Town and the number of hours in their regular work week. Annual leave will be accrued on a prorated basis per pay period using the formulas noted. Years Scheduled Hours Per Accrued Hours Annual Equivalent Employed Regular Work Week Per Pay Period Accrued 1 —5 40 3.69 96 6— 10 40 5.23 136 11 &over 40 6.77 176 In order for the Town of Oro Valley to be able to attract qualified candidates during recruiting,and in response to the nature of their jobs,exempt employees will accrue annual leave at a rate of 5.23 hours per pay period (136 hours annually)beginning with their first day of employment,this will increase to 6.77 hours per pay period at 6 years of service.Department Heads will accrue annual leave at a rate of 6.77 hours per pay period(176 hours annually) beginning with their first day of employment. For purposes of determining"year employed,"the year noted i assumed o begins on the day after the preceding anniversary. (For example,you are assumed to be in your sixth"year employed"on the day after your fifth anniversary(and therefore earning at the higher accrual rate beginning with that date). Part-time employees whose normal work week is twenty(20)hours or more,but less than 32 hours, shall accrue annual leave pay at half the rate of full time employees. SECTION 3. Personal and Immediate Family Sick Leave: Paid sick leave shall be accrued by all eligible employees of the Town. Sick leave is offered as a benefit to help minimize employee ensure-that ---: : -- :: -: . - financial hardship as the result of legitimate illnesses or medical needs. Sick leave is not intended to be used as additional annual leave or for discretionary purposes. Employees who become ill, are injured or require medical treatment are entitled to receive take sick leave with full pay for up to the total number of sick days available to that employee.Employees may use sick leave to care for an ill family member who is part of the immediate family,living in the same household with the employee,or when the absence qualifies under the provisions of the Family Medical Leave Act(see FMLA Section 11). Full-time employees accumulate sick leave at the rate of 3.7 hours per pay period(equivalent to one 8- hour day :-- --• -:• . : :. per month). Part-time employees whose normal week is twenty (20)hours or more,but less than 32 hours per week,shall receive accrue sick leave at half the rate of full- time employees. Part-time employees whose normal work week is less than twenty(20)hours do not accrue sick leave. Unused sick leave shall be allowed to be carried forward from year to year. Once an employee has exceeded 480 hours of accrued sick leave, one-half(1/2)of the sick leave balance in excess of the 480 hours shall be paid to the employee upon separation from employment,except that employees terminated for cause will not receive any payout for unused sick leave. Annually,as of the first day of the pay period following July 1,any unused portion of the first seven days (56 hours)of sick leave accrued in excess of a total of 480 hours since July 1 of the preceding fiscal year will be transferred to annual leave. The transfer will occur automatically unless the employee requests in writing to the human resources department that the sick leave not be transferred. (Only that portion of the first 56 hours of unused sick leave that is in excess of the 480 hour total may be transferred.) In addition,in no situation shall an employee be allowed to accrue more annual leave than they can accrue in an 18 month period(see Section 2). Should an employee already have an 18 month accrual of annual leave, all unused sick leave will simply continue to accrue. 7 Introductory Pfeba4ienafy employees may use accrued sick leave. Sick leave is accrued on a prorated basis per pay period. In order to receive compensation while absent on sick leave,unless circumstances dictate otherwise, employees shall notify their immediate supervisor prior to or within two(2)hours after the time set for beginning their daily duties. When the absence is for more than five(5)consecutive work days,the employee may be required to file a physician's statement with their immediate supervisor stating the cause of the absence and that the employee was unable to work due to illness. Such absences may be designated as FMLA leave depending on the nature and duration of the absence.The statement should also release the employee to return to work. Employees absent for less than five days may also be required to present a physician's statement if employee health or safety is an issue. All physician statements are to be forwarded to the Human Resources office. An employee receiving disability payments under: (1)the worker's compensation laws, or(2)the Long Term Disability Plan provided by the Town may use accumulated sick leave in order to continue to maintain regular income. Employees who have accrued sick leave may use it to offset lost income resulting from their receipt of workers compensation benefits. To assist those employees,the Town of Oro Valley will match the employee's use of sick leave for each pay period that the employee uses accrued sick leave in order to offset lost income as a result of their receipt of workers compensation payments. Employees that do not have accrued sick leave balances are not eligible for this benefit. The purpose of this policy is to reduce economic hardship as a result of a work-related injury or illness;however,the employee should not realize a financial gain as a result of injury or illness. SECTION 4. Military Leave: Leaves of absence for military service shall be granted in accordance with the provisions of applicable State and Federal laws. Pursuant to State law,the Town of Oro Valley will provide employees in the military reserves with 30 days of paid military leave every two years. For administrative purposes,the 30 days of leave shall be provided in two-year increments beginning with odd-numbered calendar years, and ending with even-numbered calendar years. Paid military leave is not cumulative,and is only available for the two year period ending with the even-numbered years.Any portion of the 30 days which remains at the end of the even-numbered year will be eliminated,and a new 30-day increment will be made available for the reservists' use during the next two-year period. Employees hired in even-numbered calendar years will have 15 days of paid military leave to use until the beginning of the next odd-numbered calendar year. For example: Employee"A"(a military reservist)is hired in 2003, and will have 30 days of paid leave available to use during calendar years 2003 and 2004. Beginning in 2005, any unused portion of the original 30 day leave is eliminated, and the employee will have a new 30-day increment available for calendar years 2005-2006. Employee B (also a military reservist) is hired during 2004,and will have 15 days of paid military leave available during the remainder of 2004. Beginning in 2005,any unused portion of the original 15-day increment is eliminated, and the employee will have a new 30-day increment to use during calendar years 2005-2006. At their option, employees of the Town of Oro Valley who have been called to active duty by Presidential Order will be eligible to receive supplemental pay for a period of up to one year while under military orders. Employees will be required to expend the unused balance of their 30 days of paid military leave mandated by federal and/or state law prior to receiving supplemental pay. They will not be required to use accrued vacation pay or compensatory time off prior to receiving supplemental pay. They will be eligible to receive their normal pay minus all applicable deductions for benefits,taxes,etc. In order to eliminate tax consequences for the employee,the Town will calculate the difference between their regular pay and their military pay, and pay the difference to the employee. 8 Employees who are called up for extended duty who do not opt for supplemental pay will not be required to use sue any portion of the 30 days of paid military leave that they normally have available to them. The remaining portion will be available for their use upon the employee's return from extended duty. During periods of military leave,employees of the Town of Oro Valley who are serving on active duty as members of the Military Reserves will be allowed to continue to maintain their employee benefits with the Town by continuing to make the required employee contributions for each of the plans for which the employee has enrolled prior to the start of their military service leave. State law requires the Town of Oro Valley to make the employee contribution to the Public Safety Retirement System(P.S.P.R.S.)on behalf of reservists serving on active duty. Members of the P.S.P.R.S. receiving supplemental pay will receive their normal pay minus the Town's contribution to P.S.P.R.S.on their behalf. Pursuant to applicable state laws,employees requesting a leave of absence for military service must submit copies of valid orders to the Town. Copies of orders shall be submitted to the Human Resources office. For additional details,please contact Human Resources. SECTION 5. Leave of Absence Without Pay: The Town Manager may grant an employee a leave of absence without pay in accordance with the following conditions: A. Prior to the completion of twelve(12)calendar months of continuous service with the Town such leave will only be granted for significant and extenuating circumstances. Total unpaid leave at this level will generally not exceed two weeks. B. Subsequent to the completion of one(1)year of continuous service,and prior to the completion of five(5)years of calendar service, an employee may be granted up to sixty(60)calendar days of leave of absence without pay. Approval of the Department Head and the Town Manager must be obtained. C. After the completion of five(5)calendar years of continuous service an employee may be granted up to one year of leave of absence without pay with the approval of the Department Head and the Town Manager. D. Employees may combine paid leave with unpaid leave of absence. However,the use of unpaid leave, accrued annual leave and accrued compensatory time off,or any combination thereof,shall be subject to approval by the Town Manager and the employee's Department Head. E. Time on leave of absence without pay shall not be credited as continuous service,and shall not be counted toward eligibility for additional leave of absence time or for seniority or other benefits. F. Benefits. During an approved unpaid leave of absence,the employee may continue their coverage for health,dental,retirement,or disability plans by continuing to pay full costs of the program including any portions normally paid by the Town. G. No leave of absence without pay shall be granted without the written request of the employee, setting forth the reason and expected duration of the leave. Upon the expiration of an approved leave the employee shall be reinstated to a like or similar position as that held at the time leave was granted,if available and if the employee returns to work. H. Failure on the part of an employee on leave to report upon the expiration of the leave shall be .. - : - --:-. ':- : a voluntary resignation from employment. I. In no event will a leave of absence without pay be granted for a period of more than one year. Employees who have not returned from any leave of absence after one year will be terminated by deemed to have voluntarily resigned from the town of Oro Valley. 9 SECTION 6. Leave with Pay: Leave with pay for sufficient cause may be granted to employees of the Town by the Town Manager,up to and including five consecutive working days or ten total working days in any fiscal year. - - --:- • :- •::. More extended periods of leave with pay require the approval of the Town Council. Leave with pay may be granted in cases of special hardship at full or partial pay. Examples of situations where leave with pay might be granted include,but are not necessarily limited to the following: Absence to attend an authorized course of instruction directly related to the employee's duties and which is critical to Town business(educational leave of absence)and approved by the Department Head. In considering whether leave with pay will be granted,the Town Manager shall use the following criteria: 1. The amount of paid and unpaid leave already taken by the employee in the year preceding the request for paid leave. 2. The employee's overall attendance. 3. The employee's previous performance ratings. 4. The length of the employee's tenure with the Town. 5. The amount of other paid leave time which is available to the employee,including consideration of any accrued compensatory time, annual leave or sick leave which may be available. 6. The employee's previous leave with pay requests. Leave with pay is intended to be granted only in extreme or extraordinary circumstances. The denial of a request for such leave is not subject to appeal or grievance. SECTION 7. Jury Leave: All employees of the Town who are called or required to serve as a trial juror shall be excused for their absence from work and receive their normal pay for such absence. In return for receiving regular pay,the employee shall remit any monies received for the jury duty(except for travel pay)directly to the Town. SECTION 8. Subpoena Leave/Expert Witness Leave: All employees of the Town required to appear in court as a witness in their official capacity shall be excused from their duties with the Town and shall receive pay and all other benefits during the period of such service. Under such circumstances,the employee shall refund the witness fee,if any,to the Town. Employees subpoenaed for matters not related to Town business shall not be paid for their absence unless Personal Time Off, accrued,approved annual leave or accrued compensatory time is used. Employees may use unpaid leave for such absences with appropriate approvals. SECTION 9. Administrative Leave: The Town Manager may grant up to five(5)days of Administrative Leave with pay,in any fiscal year,twelve("'month period,to exempt employees due to extenuating conditions of employment. SECTION 10. Holidays: The holidays to be observed by the Town are as follows: New Year's Day Labor Day Civil Rights/MLK Day Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Independence Day Christmas Day Floating Holiday(Birthday) 10 Employees may take a floating holiday to celebrate their birthday. The day off with pay(pursuant to the other terms of this policy)must be taken during the month in which the employee's actual birthday occurs. If the employee fails to take the Floating Holiday during their birth month,it is forfeited for that year:-In ::• •:- .. - : -- I- •:• • •• -: •- .-:. . - ;. • - : •:. . ,An employee may not work on the Floating Holiday for additional compensation. (Note:When a holiday falls on a Saturday,the preceding Friday shall be observed. When a holiday falls on a Sunday,the following Monday will be observed. It should be noted that public safety and other essential service employees may be required to be on duty on holidays in the interests of the public health,safety,or general welfare of the Town and that for pay purposes,the holiday is the day designated by the Town.) All employees shall be eligible for holiday pay as provided herein. Full time employees receive pay for a regularly scheduled work day in lieu of hours worked. Part-time employees whose normal working week is twenty(20)hours or more shall receive holiday pay based upon a proration of their normal working hours. For example,a part-time employee working twenty(20)hours per week would be eligible for four(4) hours of holiday pay on paid holidays. In the case of police officers,if an officer is required to work on a holiday designated by the Town,the officer will receive double the officer's normal rate of pay for the period of time worked. If the officer does not work on a holiday designated by the Town,the officer will receive ten(10)hours pay at the officer's normal rate of pay provided that the officer is on a schedule where the normal work day is ten(10) hours. In the case of all other employees,if an employee is required to work on a holiday designated by the Town, the employee will receive double the employee's normal rate of pay for their usual shift(whether 8 or 10 hours),plus regular overtime pay if required for any time worked over 40 hours in the workweek. period-of-time-worked- SECTION ari omeworkedSECTION 11. Family and Medical Leave Act of 1993,as amended: The Town of Oro Valley shall comply with the requirements of the Family and Medical Leave Act of 1993. A summary of this Act is available for review in the Human Resources Office. Qualifying employees may be eligible under the act for up to a total of 12 weeks of unpaid family leave during an applicable 12 month period. The Act provides for leaves for childbirth,foster care,and adoption related situations,as well as serious health conditions for employees,or to care for a seriously ill spouse,parent or child am and family members in certain situations. For purposes of calculating the total amount of unpaid leave available to qualifying employees,the Town requires that the employee shall first use paid leave for which they are eligible(i.e., sick leave,annual leave,compensatory time off,etc.). Thereafter,the Town shall grant qualifying employees unpaid leave up to a total of 12 weeks,including the paid leave noted previously. The amount of available FMLA leave depends upon certain eligibility requirements(such as hours of service worked during the preceding 12 month period, etc.),a qualifying event(i.e., childbirth,adoption, foster care,or serious health condition affecting either the employee or member of the employee's immediate family),the amount of paid leave available to the employee,as well as any unpaid leave already used by the employee. Eligibility for family leave under the Act shall be determined by the Human Resources Director. Employees desiring additional information regarding family leave are encouraged to contact the Human Resources Director. In cases involving foreseeable qualifying events,a minimum of 30 days notice shall be given of the necessity of the leave. In all other situations,employees should give as much advanced notice as possible. • . -. ,,-.• - , _ -_ - _ • _ -,, . • - . An employee who needs more than the 12 weeks of leave provided by the FMLA may request additional time off in accordance with the other leave of absence provisions discussed in this policy(see sections 5&6),up to a total of 12 months of total medical leave time. They may continue to use any paid time which they 11 have accrued during this period. In no event will a medical leave be offered for a period longer than one SECTION 12. Bereavement Leave: Upon the death of a family member, all regular employees who are on active duty(i.e.,not on another form of leave of absence)are eligible to receive up to three working days of paid leave(not charged to sick leave or annual leave). Up to two days of additional paid leave may be granted for out-of-state travel. Bereavement Leave must be approved by the Department Head and the Town Manager. For Bereavement Leave purposes, "family member"is defined as a spouse, child,mother, father,mother- in-law,father-in-law, step-parent, step-child,brother,sister,brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. For bereavement involving other family members or friends,the employee may request paid annual vacation leave or unpaid leave. SECTION 13. Transfer of Sick Leave,Annual Leave, or Comp-Time: It is the policy of the Town of Oro Valley to permit the transfer of compensatory time-off, annual leave, and/or sick leave between employees subject to the following conditions: 1. The decision to authorize the transfer is at the sole discretion of the responsible Department Head(s)with concurrence by the Human Resources Director,and advance approval from the Town Manager. 2. The transfer is made on a dollar-for-dollar basis(i.e.,higher salary computed into lower salary hours or lower salary computed into higher salary hours). This is to ensure that the Town does not incur any additional costs or obligations, and is not adversely impacted by allowing the transfer of time. 3. Requests for transfer of compensatory time-off, annual leave, or sick leave must be made in writing to the responsible Department Head(s)and the Town Manager prior to the approval of any transfer. The specific reason for the transfer request must be included along with any documentation supporting the request. 4. Transfers will-normally may be granted for extenuating circumstances normally limited to the serious illness of the recipient and only if the recipient is near or at a zero balance for sick leave, compensatory time and annual leave. Exceptions must be approved in writing by the Town Manager. 5. Transfers should only be implemented for the anticipated period of absence for the affected employee(i.e., the recipient should not be left with a large sick leave balance following their period of absence). 6. The recipient may only use the donated sick leave for reasons complying with the normal terms of sick leave found elsewhere in this policy. 7. Individual employees may not transfer more than 40 hours of sick leave in a single pay period. 12 DRAFT POLICY 11 DISCIPLINE SECTION 1. A. In order to correct unacceptable conduct or deteriorating performance,disciplinary actions may be taken by the immediate supervisor of an employee,or the Department Head or Town Manager.Disciplinary actions may include,but are not limited to: documented counseling sessions;verbal reprimands;written reprimands; suspensions without pay; probationary periods; demotions; and/er dismissal from employment. B. DEFINITIONS: Documented Counseling Session/Verbal Reprimand: meetings between the employee and immediate supervisor or Department Head,for the purpose of improving conduct or performance that has begun to show the need for corrective action.May include a reprimand communicated verbally to the employee by the immediate supervisor to specify conduct or performance that does not meet expectations.The session is documented to indicate date and nature of the concern,and any improvement actions agreed upon.The document will be kept by the supervisor or department head for up to one(1)year,and a copy provided to the employee.Normally,the document does not become part of the personnel file unless improvement is not made,however the counseling session or need for improvement may be included in the annual performance appraisal. Written reprimand: a reprimand communicated both verbally and in a written memorandum to an employee from his/her immediate supervisor and/or Department Head.The reprimand memorandum shall specify: 1) the conduct or performance that does not meet expectations, 2) the impact of the unacceptable conduct or performance, 3) future expectations to improve the conduct or performance,and 4) potential future actions/outcomes in the event the employee is unable or unwilling to improve as expected. The written reprimand document is placed in the personnel file for the record and retained in accordance with the State of Arizona Records Retention and Disposition Schedule. Suspension: a period of suspension from work without pay for up to 30-days. Suspensions shall be accompanied by written notification of the reason for the suspension.Such written notice will be kept in the personnel file for the record and retained in accordance with the State of Arizona Records Retention and Disposition Schedule.The employee will be provided with an opportunity to grieve the suspension in accordance with SECTION 3 below,and as outlined in the grievance policy (see Policy 18). Probationary Period: a period of time during which an employee's conduct or performance on the job will be closely evaluated for needed improvement in order to meet expectations.A probationary period is normally imposed in response to repeated unacceptable conduct or the inability to improve performance to an acceptable level.Probationary periods will be for no less than 30 days and no more than 6 months.The probationary period will be communicated to the employee in writing,with the notice retained in the personnel file in accordance with the State of Arizona Records Retention and Disposition Schedule. The notice will include: 1) a document(normally a written reprimand),to communicate the need for improvement during the probationary period; 13 2) a performance improvement plan,including resources or other measures available to assist the employee in successfully completing the probationary period. 3) an explanation of the consequences for inability or unwillingness to improve; Demotion: involuntary reassignment of the employee to a position in a lower level classification than the current job,which is more suitable to their abilities based on inability or unwillingness to meet the expectations of the current job classification.The employee will be provided with an opportunity to grieve the demotion in accordance with SECTION 3 below and as outlined in the grievance policy(see Policy 18). Demotions which are voluntary(the employee chooses to transfer to an open position in a lower classification or pay grade),or which are part of a reorganization that involves eliminating the employee's current classification and placing the employee in a different classification based on organizational need (not related to job performance) are not considered disciplinary and are not grievable.Such reorganization activities may only take place upon consultation with the Human Resources Director and with final approval by the Town Manager(or designee). Dismissal: involuntary termination of the employee from employment with the Town.The employee will be provided with an opportunity to grieve the dismissal in accordance with SECTION 3 below and as outlined in the grievance policy(see Policy 18). C. Depending on the seriousness of the situation and surrounding circumstances,including repeated offenses or chronic poor performance,the Department Head may authorize any disciplinary action deemed appropriate.Progressive discipline is not required under Town policies and procedures.For written reprimands,probationary periods,suspensions, involuntary demotions or dismissals,the Human Resources Director(or designee)shall be consulted prior to initiation of action.Examples of the type of conduct or performance requiring disciplinary action are listed below: Grounds for such a-ctions include,but are not 1. Falsification of Town documents or records,including application for employment, 2. Unauthorized absenteeism. 3. Unauthorized tardiness. 4. Malingering. 5. Insubordination. 6. Conviction of a crime •- •: ••-: --: . -.-:•-.: 7. Incompetence. 8. Prohibited political activities. 9. Discrimination or failure to abide by Equal Employment Opportunity regulations. 10. Any action,on or off the job that brings bringing discredit to the Town. 11. Substance abuse. 12. Violation of any sections of these policies,Town ordinances, or State or Federal law. 13. Negligence. 14. Two written reprimands or other disciplinary actions within twenty-four consecutive months. 15. Other reasons deemed valid by Town Officials. 16. Sexual, or other workplace harassment. 17. - -- --• •:- 18. Discourtesy to another employee or member of the public. 19. Any other reason deemed valid by Town Administration. SECTION 2. Investigatory or Administrative Suspension for Cause: A supervisor may suspend an employee with pay to effect an investigation or resolution of conduct which is suspected of being illegal, or which places other employees or citizens in danger. The Department Head,Human Resources Director and Town Manager must be notified of such investigatory suspensions before 14 • • taking action if possible,or within 24 hours if not possible due to the seriousness or expediency of the situation.Investigatory Suspension with pay is not a disciplinary action and is not subject to the Town's grievance procedure.The employee shall be contacted by the Human Resources Director,or designee,on or before the expiration of five(5)business days with information about the investigation and any further actions to be taken at that time. Upon consultation with the Human Resources Director and with the approval of the Town Manager, a paid administrative suspension may be extended for up to 90 calendar days. SECTION 3. Disciplinary Procedure: Prior to a supervisor taking any disciplinary action involving suspension without pay, involuntary demotion or 4ermination dismissal of an employee,the following actions and notifications are required: A. The supervisor shall,in writing: 1) Notify the employee of the reason for the disciplinary action,and the specific facts supporting the action. 2) Inform the employee of the specific disciplinary action(s)being considered by the supervisor(i.e.dismissal,suspension without pay,or involuntary demotion),and when it will take effect. 3) Inform the employee that he/she has the right to review his/her personnel file,and has the right to grieve the action in accordance with policy 18. 4) Allow the employee to review the written materials for at least 2 hours before the scheduled disciplinary notification meeting described in Section 3.B. B. The Supervisor and the Department Head,or another member of management shall meet with the employee to: 1) Discuss the reason for the disciplinary actions being considered; and 2) Give the employee the opportunity to respond to the concerns and the proposed disciplinary actions described in the written materials previously provided. 3) If the employee so chooses, another employee may be allowed to be present as a witness only,but will not take part in the discussion. 4) The employee will have up to 3 working days(as a disciplinary review period)to provide any written statements or documentation he/she chooses to have reviewed prior to a final disciplinary decision being made.The employee may be placed on a paid administrative suspension during any portion of this 3 day time period. C. The Supervisor and Department Head,in consultation with the Human Resources Director and/or the Legal Department shall fully consider all information provided by the employee,either verbally during the meeting,or in writing before or during the 3 day disciplinary review period. D. After the conclusion of the 3 day disciplinary review period,the Supervisor and Department Head,or other member of management,shall meet with the employee to: 1) Inform the employee of any disciplinary action to be imposed; 2) Provide a written statement to the employee documenting the disciplinary action,if any,that will be taken; 3) If the disciplinary action involves involuntary dismissal,demotion,or suspension without pay,the supervisor shall verbally and in writing notify the employee that he/she may appeal the decision through the grievance procedure in accordance with Policy 18,and shall provide the employee with a copy of Policy 18. E. Re notified of the charges against him/her in writing. 15 E. Be informed of the sanctions being considered by the employer in writing(i.e., discharge, prior to action being taken. SECTION 4. Responsibility Powers of the Immediate Supervisor(other than Department Heads): Immediate Supervisors shall have the power to give documented counseling,place employees on probationary period,and issue either verbal or written reprimands,and to recommend more serious disciplinary action to the Department Head. Written reprimands shall be discussed with the Human Resources Director(or designee)prior to being given. SECTION 5. Responsibility Powers of the Department Head: In addition to the responsibilities of an immediate supervisor, and in consultation with the Human Resources Director Withthe approva4 of the Town Manager,the Department Head may .:.-:-• • .. : ... •--- -. •..... , ; , - , • •-- '' : - - - -- :•,order suspension without pay for periods up to thirty(30)working days, demote employees within a pay grade or from one pay grade to another or from one classification to another,terminate dismiss employees from Town employment, or take other appropriate disciplinary action. SECTION 6.Responsibility of the Town Manager:The Town Manager,or Assistant Town Manager, may exercise the powers of the Department Head provided for in this section and must be notified of any suspensions without pay,demotions or involuntary dismissals prior to these action being taken by the Department Head. 16 D RAFT POLICY 14 OVERTIME SECTION 1. Policy: It is the Town's policy to avoid the necessity for overtime when possible. Overtime work may sometimes be necessary to meet emergency situations,seasonal, or peak workload requirements. Department Heads are responsible for the advance planning required to minimize the need for overtime. If in the judgment of a Department Head overtime is necessary,the Department Head(or designee)may authorize such work. SECTION 2. Overtime Compensation: Whenever any non-exempt employee is required to work overtime in excess of 40 hours per week,that person shall be compensated for such excess time at the rate of one and one-half(1-1/2)hours of overtime pay OR compensatory time off(in lieu of cash payment)for each hour of overtime worked.The Department Head(or designee)shall work with the employee to determine use of overtime pay or compensatory time off. The Department Head must specifically authorize the rendering of overtime services. Employees shall obtain such authorization prior to working any overtime. Employees who fail to obtain such authorization shall not work overtime. -: :- -- ' -. - - -.•--- . . ." - - - - '' -'perform .If an employee performs overtime work without authorization they shall be subject to disciplinary action up to and including termination of employment. Some employees may qualify for"on-call"pay as a result of their work assignments. Please consult Policy 30 for additional details. SECTION 3. Town Manager Responsibility: The Town Manager,(or designee)will ensure that all overtime is recorded and that work schedules which will allow all employees full opportunity to use accrued compensatory time off within reasonable periods of time are developed. Under no circumstances may an employee accrue more compensatory time than 120 hours for Police Officers and 60 hours for all other employees. Employees who reach the maximum compensatory time off levels noted above will be paid for subsequent overtime work in lieu of compensatory time off. SECTION 4. Exempt Employees: The overtime provisions of this policy shall not apply to employees whose positions have been determined to be exempt from the overtime provisions of the Fair Labor Standards Act. The Town compensation plan shall define these classifications. 17 DRAFT POLICY 17 TERMINATION OF EMPLOYMENT SECTION 1. Voluntary Resignation: Except in the case of staff members with written employment agreements for a specified term of employment,employees are considered to work"at will"and may resign from employment at any time with or without notice. Whereossible and practical,employees are requested to provide at least 2-weeks notice inP order to facilitate a smooth transition of work duties.In the case of supervisory or management level staff members 30-days notice is preferred. y SECTION 2.Retirement: A voluntary resignation may be considered a retirement in the event the employee has completed a minimum of ten years of service with the Town; and meets the qualifications as a retiree under his/her respective state retirement plan(either the Arizona State Retirement System,Public Safety Personnel Retirement System,or the Correction Officers Retirement Plan).Because advance retirement planning is required to ensure timelyinitiation of retiree benefits, it is recommended that a minimum of 90-days notice 3s of a retirement be provided to the Human Resources office,when possible. SECTION 3. Discharge Dismissal: Involuntary termination of employment with the Town for cause.Regular, full-time and part-time employees who have completed their initial introductory period and have received notification that they are to be involuntarilydismissed from employment (following a 5-day review period)• - • --•- - .- ; -- ..- . _ ._ •-. • -_._ - • _ discharged shall, as a procedural matter,be entitled toa eal the dismissal pp smissal through the formal grievance procedure, if the employee so requests, as provided in policy 18.policies. In addition to a • • '' '' -- • -- - •- •.- -. An employee in their initial introductory evaluation period may be dismissed at any time by a Department Head with the concurrence of the Human Resources Director and the approval of the Town Manager; such employee is not entitled to appeal the dismissal through the formal grievance process. SECTION 4. Lay Off Reduction In Force: A Department Head may eliminate the position of an employee . • : .• ---: : •-- with the concurrence of the Human Resources Director and the approval of the Town Manager because of material change in duties or organization or shortage of work or funds. Initially, layoff reduction in force decisions may be made based upon documented deficiencies in performance. Where documented performance is equal,keffreduction decisions will be made based upon seniority within the affected classification of the Department. 18 • DRAFT POLICY 18 GRIEVANCE PROCEDURES The Town of Oro Valley maintains that an employees should have an opportunity when appropriate and practical,to present work-related complaints,and to appeal management decisions and other matters materially and substantively affecting his or her employment,through defined grievance procedures, unless specifically excluded from this policy as outlined in Section 4. SECTION 1. An appropriate grievance is defined as an employee's disagreement concerning any interpretation or application of work-related policy by management or other employees. Examples of actions which may be causes of grievances under this policy are: A. Unfair application of Town guidelines,policies,or procedures believed to he the material and substantial detriment of an employee; B. Treatment considered unfair by an employee, such as coercion,reprisal,harassment,or intimidation; C. Alleged discrimination because of race,creed,color,national origin, sex,handicap or veteran status,age,religion, or sexual orientation;and D. Improper or unfair administration of employee benefits or conditions of employment,such as vacations,fringe benefits,promotions,retirement,holidays,or seniority. E. Suspension without pay,demotion or dismissal,in which event the grievance procedure shall begin with Step 2,Appeal to the Assistant Town Manager,as set forth below. Employees must notify the Town within fourteen(14)calendar days, (in accordance with Section 3 of this policy),of any grievance appropriate for handling under this policy. The grievance procedure is the sole internal remedy for employees with appropriate grievances. Employees are not penalized for proper use of the grievance procedure;however,they may not abuse the procedure by raising grievances in bad faith, solely for the purpose of delaying other disciplinary action,for purposes of harassment,or by repeatedly raising grievances that reasonable judgment would deem have no merit. SECTION 2. Informal Grievance Procedure: An employee who has a problem or complaint should first try to resolve it through discussion with their immediate supervisor. If,after this discussion,the employee does not believe the problem has been satisfactorily resolved,the employee should discuss it with the Department Head and/or the Human Resources Director(or designee). Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If an acceptable solution is not reached through the informal procedure within 30 calendar days of the initial disclosure to their immediate supervisor,a formal grievance may be pursued in accordance with Section 3 of this policy. SECTION 3. Formal The Grievance Procedure: Although the grievance procedure has three(3)steps, grievances may be resolved at any step in the process. Grievances are to be processed until: (a)the employee is satisfied;(b)the employee does not file a timely appeal(as defined), or(c)until the right of appeal is exhausted. A decision becomes binding on all parties whenever an employee does not file a timely appeal,or when a decision is made in the final step and the right of appeal no longer exists. Employees who feel they have an appropriate grievance should proceed as follows: 19 . A. Step One,Written Complaint: Promptly(Within fourteen(14)calendar days of the incident, or being made aware of the incident;or within fourteen(14)calendar daysy of the close of the "Informal Grievance Procedure"as described above Section 1, above)the employee shall bring grievance to the attention of the ---: . - .:- the Department Head in the form of a written complaint. The complaint should include a statement of the grievance, any prior(informal) action taken to try to remedy the problem, and anyresolution, remedy or outcome sought by the employee. The supervisor/Department Head shall investigate the grievance,attempt to resolve it andive a written decision to the employee within fourteen(14)calendar days of havingg y received it. If the grievance involves the Department Head or a disciplinary action taken by the Supervisor or Department Head, the employee should proceed immediately to Step Two. P B. Step Two,Appeal to Assistant Town Manager: If the employee is not satisfied with the supervisor's Department Head's decision,he/she may appeal it to the Assistant Town . Such Manager. an appeal must be submitted in writing to the Assistant Town Manager within fourteen(14) g calendar days of the supervisor's decision. The appeal must include copies of the original written complaint(if to yee applicable) and any documentation the em wishesP employee the Assistant Town Manager to consider. The Assistant Town Manager shall confer with others as required, investigate theappeal, and communicate a decision in writing to all concernedparties within fourteen (14)calendar days.In order to properly track and account for the response,the Assistant Town Manager's decision shall be sent by certified mail,with return receipt,to the employee's personal mailing address. C. Step Three Appeal to the Town Manager via Administrative Review: If the employee is not satisfied with the decision of the Assistant Town Manager,he/she may appealrequest an administrative review to an outside Administrative Review Officer the decision to the Grievance Review Board. To do so,within 14 calendar days from receipt of the Assistant Town Manager's decision (as reflected on the return receipt from the post office the employee g )� must submit all previous correspondence and documentation concerning the matter, along with a written request for administrative review and any additional statements or documentation he/sheq -, �.- _• .. ..--_. _ -- -..- .• -.- would like considered in the review _ , . to the Human Resources Director.The documentation will be forwarded to the Town Attorney.Grievance Review Board. An independent Administrative Review Officer(ARO)will be chosen from a list of five(5)potential AROs complied by The Human Resources Director(or designee). Potential AROs shall be attorneys, arbitrators or former judges who are experienced in conducting hearings.If the parties cannot agree on an ARO from the list provided, each shall have the opportunityto exercise two(2) g preemptory strikes and the remaining name shall be appointed the ARO for the matter. The ARO shall order a hearing to be held not more than forty-five(45) days from the daythe request for grievance is submitted to the Human Resources Director. Not less than q twenty(20)days prior to the hearing date,the employee shall submit to the ARO, and disclose to the Town Attorney,a position statement setting for the arguments,potential witnesses and evidence they anticipate will be introduced at the hearing. All documentation that the employee intends to P present or rely upon for the administrative hearing shall be attached to the position statement. Not less than ten (10) days prior to the administrative hearing,the Town Attorney Y shall submit to the ARO,and disclose to the employee,a responding position statement including potential witnesses and evidence to be introduced or relied upon during the administrative hearing. Upon written request of either party,the ARO shall have theower to compel the attendance p of witnesses or the production of documents pursuant to A.R.S. § 12-2212 (or any successor statute). Requests must be made of the ARO no later than ten(10) ) days prior to the hearing date. The Town shall make Town employees available at the hearing so long as such requests are made not less than seven(7) days before the hearing. 20 The employee may have an attorney represent him/her at the hearing.The employee bears the burden of proof that the Town's actions were contrary to Town policy or law,or were otherwise unfounded or wrongful. The hearing shall proceed as follows: 1. Employee's opening statement 2. Town's opening statement 3. Employee's presentation of witnesses,including cross examination by the Town 4. Town's presentation of witnesses,including cross examination by the employee 5. Rebuttal witnesses and/or evidence as may be determined appropriate by the ARO 6. Town's closing statement 7. Employee's closing statement Technical rules of evidence generally do not apply other than privileges recognized by Arizona law. The ARO has the discretion to make relevancy determinations and apply other rules of evidence as deemed appropriate to facilitate the introduction of credible and relevant information and the timely completion of the hearing process. In addition,the ARO may limit the scope of the hearing to those issues,which in his/her determination are relevant and resolvable within the confines of the grievance process. The hearing shall be recorded and the record may be transcribed upon request. The party requesting transcription shall be responsible for any costs incurred. Within twenty(20)days from the completion of the hearing,the ARO shall issue a written recommendation to the Town Manager,including a statement of facts and conclusions based on the evidence presented. Copies of the written recommendation shall be sent to the Town Attorney, Human Resources Director and the Employee. The Town Manager shall,within ten(10) days from receiving the ARO's recommendation,issue a final decision on the grievance. The Town Manager's decision is final and there are no additional appeals available through the Town's grievance process. Upon request,the ARO may extend the deadlines herein for good cause shown. • .•,. •. . .•• •. • •• • . r.• •. r••• • •• • 'e • " • • • ' • . At all steps in the process, information concerning an employee's grievance is to be held in the strictest confidence as may be allowed by state law. Supervisors,Department Heads and others are cautioned that they must investigate and discuss grievances only with those individuals who have a"need to know", and/or who supply information necessary to the investigation. Time spent by current employees in grievance discussions with management, or in investigating the grievance,is considered time worked,for pay purposes. SECTION 4. The following are excluded from grievance consideration: A. Any matter on which the Town is without authority to act. B. The evaluation of an employee's performance. C. Content or structure of Classification or Pay Plans, or benefit programs. Individual compensation is not a grievable issue. D. Suspensions of 5 days or less. E. Extension of an introductory probationary period. 21 F. In the case of police officers, selection, assignment and/or reassignment to specialpositions Chief of Police. p by the G. Matters involving municipal finance or budgetary issues. H. Any matters specifically reserved to the discretion of management,includingscheduling, g, assignment of additional duties to a particular position,and other operationalolic and procedural matters. p y SECTION 5. Grievance Procedure Rules: • A. The time limits specified in any step of the grievance process may be extended to a definite date by written agreement of the parties involved,or by the Human Resources Director,or in the case of Administrative Review by the ARO,upon written request demonstrating good cause. B. Employees may request the assistance of other parties in preparing and presentingappeal at level of review,and reasonable amounts of work time(as determined an pp any by the appropriate Department Head/Town Manager or designee)may be spent in conferring about and presentingthe appeal.If legal counsel is retained by the employee grievant,all costs and attorney fees are the sole responsibility of the employee and will under no circumstances be paid by the Town. C. Appeals which are negated or resolved through the failure of either party the grievant toursue further, cannot be reinstated. Once grievance procedures are completed die appealsp p are not subject to further review within the confines of this internal process. 22 ■ DRAFT POLICY 22 REPORTS AND RECORDS SECTION 1. Service Information: The Town shall maintain service information for each employee showing the name,title of position held,the department to which assigned,anniversary date,salary, changes in employment status and such other information as may be considered pertinent. If the employee moves or changes marital status,number of dependents,telephone number or name,the employee should contact his/her immediate Supervisor or the Human Resources office at once. SECTION 2. Performance Evaluation: All employees of the Town shall receive performance evaluations,on forms prepared by the Human Resources office and approved by the Town Manager pursuant to schedules determined by the Town. Employees may be evaluated more often on an informal or formal basis at the discretion of the Department Head. Each employee will have the opportunity to provide input into their performance evaluation.Where the performance evaluation differs significantly from the employee feedback,or where performance indicates the employee is not meeting expectations,the performance evaluation shall be reviewed by the Human Resources Director and the Department Head office prior to discussions with the employee.Upon completion,performance evaluations and feedback from employees will be and filed with the Human Resources office. Employees shall be allowed to submit a written response to their performance evaluation report. These reports shall remain a part of each employee's personnel record and may be used in consideration for determining transfers,promotions,demotions,dismissals or reductions in force or salary adjustments. SECTION 3. Employee Records: It is the policy of the Town of Oro Valley that employee personnel records are confidential,however, certain rules and laws,including Arizona Open Records laws,may create exceptions to this confidentiality policy. Release of information regarding present or former employees shall be as follows: 1. Verification of employment and wages: All written requests or phone calls for verification of employment or wages of current or former employees of the Town shall be forwarded to the Town Human Resources Office for processing. It is Town Policy only to verify dates of employment, job classification,current or last rate of pay and department in which employee works/worked in response to outside requests. 2. Employee requests for personnel records: (1)Personnel records may be released to the employee upon written,notarized authorization of the employee and upon payment of copying fees,if required. (2)Personnel records may also be released upon receipt of a subpoena or other legally compelling document. 3. Medical Records: In compliance with the Americans with Disabilities Act,medical records of employees shall be treated as confidential.The privacy of personally identifiable health information will be maintained,except as permitted by HIPAA in order to administer employee benefits and leave of absence programs or where disclosure is specifically required by law. 4. Public Records Requests: The Town of Oro Valley operates under the presumption that all records are subject to public disclosure unless the record is specifically exempted by statute or involves the privacy interests of an individual or would cause detriment that would outweigh the public's right to know.Therefore,the following shall be the policy of the Town regarding public records requests for personnel files,personnel investigation records and Oro Valley Police Department internal affairs records: 23 A. The following personnel information will be provided to any person pursuant to a public records request: • Name of employee • Date(s)of employment • Current and previous position(s)with the Town,job titles and associated dates • Position or job description(s) • Current and previous departments to which the employee has been assigned • Current and previous Town salaries and associated dates • Name of employee's current supervisor • Records of use of Town equipment and charges to Town accounts • Overall evaluation rating of an employee's performance excerpted from performance review documents. B. As supported by statute and/or legal precedent,the following information may be withheld or redacted in response to a public records request: • Social Security Numbers • Dates of birth • Home addresses • Home telephone numbers • Insurance Benefits information • Health information • Information regarding family members • Such other information as may be clearly protected from disclosure pursuant to statute or court decision For all other personnel-related records it is presumed they will be disclosed under most circumstances.However,the custodian of records has the discretion to deny public inspection when there is evidence of sufficient weight that the disclosure would cause personal privacy invasion or other detriment to the Town or the employee to the extent that such detriment would outweigh the public's right to know. Because the Town of Oro Valley strongly supports the public right to all public records,such denials if necessary would be taken only with authorization from the Town Manager in consultation with the Town Attorney,and the Human Resources Director, and only after most carefully weighing the public's right to review the records against the privacy interest of the individual and/or the detriment to the Town. In weighing such matters,The Town Manager will consider the following: • The privacy rights of the individual, • The potential detriment to the Town, • The matter of public interest • The public benefit • Arizona laws and statutes • Case law and precedent in similar circumstances The Town Manager may seek additional guidance from outside attorneys, staff members,or other resources and may authorize the Town Attorney to seek judicial review including declaratory judgment if deemed necessary to determine whether information should be released pursuant to a public records request. 24 DRAFT POLICY 24 LIGHT DUTY MISCELLANEOUS worked, ked• C. Any unfilled obligation resulting from failure$f any employee to pay back a shift trade shall not D. In all cases, shift trades wi44 only be authorized at the convenience of the Town and no shift trades federal, state or local laws. [NOTE: The shift trading policy above pertains only to a specific procedure within the police department, and therefore should not be part of the Town-Wide Policy and Procedures Code,but rather is to be included in the specific police department procedures/rules manual.] SECTION 1. Light Duty: If it has been certified by a licensed physician that an employee cannot perform the full duties of the position, or cannot perform such duties without serious impairment to his/her health,the employee may be assigned by his/her Department Head to other temporary light duties permitted by the employee's condition. Any assignment to light duty is subject to the availability of a light duty position. As soon as the employee's health permits,he or she shall present to the Department Head a statement from the physician that he or she may resume normal duties of the position. Since regulatory requirements of ADA,FMLA,Workers Compensation, and others may apply,the Department Head shall consult with the Human Resources Director regarding any requests for light duty assignments. The light duty program is privilege,not a right, and prior to making a decision on whether or not to approve a light duty request from an employee,Department Heads should consider the following: A. What restrictions or conditions have been imposed by the physician. B. Does the employee possess the skills,knowledge and abilities to perform the light duty work? C. Is the work necessary and beneficial to the Town? D. The employee's overall past performance and contributions to the department and the Town. E. Availability of light duty work. F. The employee may be required to submit a signed waiver and/or release from the physician releasing him/her to work in the light duty position. A Light Duty assignment,if approved,is considered a temporary assignment which shall be reviewed at least every 90-days by the Human Resources Director and Department Head to determine whether it remains consistent with the ADA,FMLA,Workers Compensation or any other applicable laws. Continued inability of the employee to perform the essential functions of their position may result in demotion,dismissal,or reassignment to an available position for which the employee is qualified and is able to perform the essential functions with or without reasonable accommodation. 25 DRAFT POLICY 25 DRUG FREE WORKPLACE The Town of Oro Valley is committed to maintaining a safe,productive work environment at all facilities and work sites,and to safeguarding all property of the Town of Oro Valley. The use of alcohol and/or drugs can undermine employee productivity,the quality of services provided by Town employees, and the image of the Town. For these reasons,the Town of Oro Valley has implemented the following Drug-Free Workplace policy. SECTION 1. DEFINITIONS 1. On-the-job use,possession, sale or distribution—The possession, sale or distribution of non- medically prescribed controlled substances, including alcohol, or the presence of drugs or alcohol in the employee's system while on company premises or at any Town of Oro Valley work site is prohibited. Any employee found in violation of the above stated policy is subject to disciplinary action,up to and including termination of employment. 2. Work-site—Includes,but is not limited to: Town vehicles,Town offices and any Town premises Any and all locations in which an employee is representing the Town of Oro Valley or working as an employee, including attending off-premises business meetings, seminars, engaging in off-site work such as road repair,police patrolling, etc. Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken with respect to an employee violating this policy. 3. Drugs are defined as: a. Alcohol(ethyl) b. Amphetamines(e.g.,speed) c. Barbiturates(e.g.,Amobarbital,Butabarbital,Phenobarbital, Secobarbital) d. Cocaine e. Methaqualone(e.g., Quaalude) f. Opiates(e.g., Codeine,Heroin,Morphine,Hydromorphone,Hydrocodone) g. Phencyclidine(PCP) h. THC(Marijuana) i. Drugs specified and defined under A.R.S. § 13-3401 (or any successor statute A.R.S. § 13 3401) 4. Reasonable suspicion may include,but is not limited to: a. a pattern of abnormal or erratic behavior; b. information of recent drug use provided by a reliable and credible source; c. direct observation of drug or alcohol use; or d. presence of the physical symptoms of drug or alcohol use. 5. Medical Review Officer(MRO)means any qualified physician designated by the Town of Oro Valley to assist in the evaluation,testing and assessment as defined herein. 6. Independent MRO means a qualified physician hired by the employee to assist the employee in the testing and drug assessment conducted by the Town. 26 SECTION 2. Search—In circumstances where there is reasonable suspicion that drugs or alcohol are present on Town of Oro Valley premises,or at a"work site",Town supplied locker,a Town supplied desk or other Town supplied container, a search may be conducted to confirm that belief upon the approval of the Town Manager. SECTION 3. Applicant Drug Testing—All applicants being considered for employment by the Town of Oro Valley a e may be subject to drug testing analysis as part of the employment process.,-without exception. Notification that applicant's are subject to drug testing will appear on all Town of Oro Valley employment application forms,and employment advertisements. The presence of drugs measured by urinalysis testing at the time of application is grounds for rejection. Applicants who test positive for the presence of drugs will be informed of that fact, and will be given an opportunity to explain the positive result to the medical review officer(MRO). The MRO will hear the applicant's explanation and report his/her findings and recommendations to the appropriate Town of Oro Valley representative. An applicant who tests positive and who has no satisfactory explanation will be ineligible to apply with the Town for a period of six months. Upon request, applicants will be given a list of the drugs for which they are tested. The tests are restricted to drugs of abuse and are listed under the definition and Arizona Revised Statutes § 13-3401. SECTION 4. Presence of Drugs in Employees—Employees are prohibited from being at work with drugs in their systems, or impaired by alcohol. Any employee who is found to have drug metabolites in his/her system while at work or on a work site will be subject to disciplinary action up to,and including, termination of employment. An employee,taking a drug or other medication whether or not prescribed by a physician for a medical condition,which is known or publicized as highly impairing judgment,coordination,or other senses important to the safe and productive performance of work,must notify his/her supervisor prior to starting his or her work day. Management will decide whether the employee can continue to work, and/or will impose any necessary restrictions. SECTION 5. Employee Testing—Employee testing will only be conducted given the existence of a reasonable suspicion on the part of the management of the Town of Oro Valley.The testing of a police department employee will be conducted in compliance with the Oro Valley Police Department's Rules and Procedures Manual. SECTION 6. Consent—Before a drug and alcohol test is administered,employees and job applicants will be asked to sign a consent form authorizing the test and permitting release of test results to those municipal officials with a need to know. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the municipality's drug testing policy. Employees and applicants may at this time provide a list of those medications that he or she has recently used. The list of medications, if provided, shall be sealed and held as confidential until there has been a positive test result. In the event of a confirmed positive test result,the list of medications shall only be disclosed to the medical official who will determine whether the positive result was due to the lawful use of any of the listed medications. Employees and applicants may choose to provide such a list after being notified of a confirmed positive result. When the results of the drug test are received,the employee will be notified of the results. If the results are positive,the employee will be given the opportunity to offer an explanation. In the absence of an acceptable explanation as determined by an independent MRO,the employee will be suspended for a minimum of ten days. A negative drug test result after ten days will be a precondition of re-employment. Suspended employees will be required to undergo a drug test prior to reinstatement, and the results must be negative. Following his/her return to work,the employee will serve in a probationary status for a 12-month period. During this probationary period,the employee will be subject to follow-up testing on a random 27 basis. Employees placed on probation for violation of this policy will be terminated if they test positive in a random follow-up test during the 12 month probationary period. SECTION 7. Options available to the municipality—The Town of Oro Valley shall have the right to suspend,dismiss terminate or take any other appropriate disciplinary action against the employee whose drug test is positive. This suspension, dismissal or other disciplinary action shall follow the processes set forth in these policies. This decision may be based in part upon the individual's length of employment and the essential functions of the employee's position as evidenced by appropriate records and documentation in the employee's personnel file. SECTION 8. Contractors and Visitors—Contractors and their employees or representatives,and visitors will be notified that the Town of Oro Valley prohibits the use,possession, sale or distribution of alcohol or illegal drugs on its property,or at its work sites. Any person who is reasonable suspected to have drugs in his or her system(or impaired by alcohol)while on Town of Oro Valley property or work site is in violation of this policy. Contractors and their employees or representatives,and visitors violating this policy will be refused entry onto Town property,or Town work sites. In addition,appropriate legal entities may be contacted as required and appropriate. SECTION 9. Management procedures and implementation of Drug-Free Workplace Policy—A summary of this policy shall be posted on employee bulletin boards. Also, employees shall be informed of the Drug-Free Workplace Policy by means of notices from time-to-time included with their paychecks,etc. New employees shall be required to read and sign a copy of the policy. For contractors, copies of the policy shall be included in their statements of work. Supervisors and Managers shall receive training to assist them in early detection of signs of drug abuse. This will include training as to the physical appearance or commonly abused drugs and drug paraphernalia, as well as the physiological manifestations of drug abuse. Where there is reasonable suspicion to believe that an employee has drugs in his/her system or is impaired by alcohol,the employee shall not be allowed to continue work. If the employee is suspected of being under the influence of alcohol,drugs, or a controlled substance,steps should be taken to ensure that he/she does not drive any Town vehicle. Further,the Town shall provide transportation home to such employees. Supervisors and Managers will refer to the Human Resources Director any decision involving drug testing. In no case will the employee's immediate supervisor make the final decision whether that employee is to be tested. The Human Resources Director will consult with the Town of Oro Valley's Medical Resource Officer,as appropriate,to assist in the assessment of a possible drug abuse problem,the degree of impairment,and the need for testing. Drug test themselves will be conducted by a qualified laboratory,and proper chain of custody procedures will be observed for samples. When employment status will be affected by the outcome of the drug testing, confirmatory testing will be carried out by a qualified laboratory. Records and information about testing and test results will be treated as private and medically confidential. Such information will not,for example,be discussed with the employee's family or friends. SECTION 10. Other Terms of Employment—This policy in no way alters,amends,modifies,infers,or confirms any terms of employment with the Town of Oro Valley,except as outlined herein. All other terms of employment(as indicated in other polices,procedures,etc.)remain in effect as stated therein. 28 DRAFT POLICY 31 —CONFLICT OF INTEREST SECTION 1. Political Activity: A. All Town employees shall not engage in -- '- • -- • :-- . - political activity in an Oro Valley municipal election: 1. No employee may solicit or attempt to solicit support for a candidate or political party involved in an Oro Valley municipal election from any employee or appointed official during working hours. 2. No employee may take any part in the campaign of a candidate participating in an Oro Valley municipal election. 3. An employee may exercise their rights as a citizen to vote and to express opinions as an individual citizen,but not as a representative of the Town. B. No employee may will seek election to public office with the Town while still employed by the Town. C. No employee may will use their position to sell, solicit or distribute any campaign material during working hours and/or in a uniform used by or identified with the Town government. D. No employee may will use their position to promote or recommend any candidate for public office on Town property. SECTION 2. Solicitation of Political Support Prohibited: No employee of the Town shall-may solicit any contribution in cash or services from any Town employee to support any candidate for public office. SECTION 3. Conflict of Interest: No employee may shall engage in any business activity or shall have a financial or other personal interest, direct or indirect,which adversely affects the proper discharge of or would tend to impair his/her independence of judgment or action in the performance of his/her official duties. Personal,as distinguished from financial interest, includes an interest arising from blood or marriage relationship or close business or political association. Town employees shall conduct their private and professional lives in such a manner as to avoid adverse reflection upon themselves as employees of the Town. Town employees shall not use their position for personal gain. Town employees shall not accept directly or indirectly any gift,gratuity,loan,fee or any other thing of value arising from or offered because of Town employment or any activity connected with said employment,except as may be specifically authorized by the Town Manager or designee. Some specific examples of conflicts of interest are enumerated below for the guidance of employees;however, employees are subject to all State and Town regulations regarding conflict of interest, including disciplinary action up to and including termination of employment. A. Canvassing of citizens of the Town,either directly,or indirectly, in order to obtain preferential consideration of any appointment. B. Engaging in or accepting private employment or rendering services for private interest which adversely affect the proper discharge of his/her official duties or impair his/her independence of judgment or action in the performance of his/her official duties. 29 C. Disclosure of confidential information concerning the property,government or affairs of the Town without proper authorization, or using such information to advance the financial or other private interest of himself/herself to others. D. Appearance on behalf of private or commercial interests before any agency related to Town activities,or representing private or commercial interests in any action or proceedings against the interests of the Town in any litigation to which the Town is a party. E. Having any interest in any contract or purchase made by the Town. The acceptance of any gift, favors, travel,etc. from anyone seeking to do business with the town. (See Standard Operating Procedure No. 11 — "Guidelines Pertaining to Gifts or Favors"for clarification.) SECTION 4.Outside Employment: A. Town employees are prohibited from engaging in regular or part-time employment that in any way violates town policies. B. Town employee's outside employment shall not interfere in any way with the employee's ability to perform his/her assigned work and duties for the Town. C. To engage in outside employment: 1. The employee must make a request in writing tohis/her Department Head seeking permission to engage in outside employment. 2. The Department Head has discretion to approve or deny the employee's request to engage in outside employment taking into account the following: a. Employee's job performance b. Employee's workload c. Nature of the outside employment d. Potential for any conflict of interest e. Any other factors deemed relevant 3. The written approval may also set forth conditions which must be met in order for the outside employment to be authorized. D. Department Heads shall deny an employee's request to engage in outside employment when that employment has the potential to conflict with Town employment,or be detrimental to the Town in any way.The written denial shall set forth the factors and considerations upon which the denial is based. E. Supervisors are responsible for reviewing the performance of employees who engage in outside employment.If the supervisor determines that the outside employment is interfering with the employee's work for the Town,the supervisor shall notify the Department Head and the employee's privilege to engage in outside employment shall be rescinded.Such rescission shall be in writing. F. If an employee's request to engage in outside employment has been denied,or if an employee's outside employment privileges have been suspended,the employee may seek review by the Town Manager or designee.The employee shall make such request in writing setting forth all facts and considerations which the employee believes are pertinent.The decision of the Town Manager or designee shall be in writing and is considered final. The employee may not grieve the decision of the Town Manager or designee,except on the grounds that the denial is based on some other type of grievable issue. 30 TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: March 28,2007 TO: HONORABLE MAYOR & COUNCIL FROM: Sarah S. More, FAICP, Planning & Zoning Director SUBJECT: Planning and Zoning Notice Procedures BACKGROUND: There has been considerable discussion latelyabout notice procedures for Planning and Zoning items. ' is provided to the Town Council for discussion and possible direction. Therefore, a review of the procedures STATES STATUTES, TOWN ORDINANCES AND TOWN PRACTICE This review focuses on project and property ro specific development proposals, and does not include adoption y p ec or amendment of the General Plan or Zoning Code. Statutes (ARS) 9-462.04 establishes the statutory regulations for notice RezoningArizona Revised § involving a change of zoning. It requires the local jurisdiction to hold a public hearing before the planning q legal ad notice in a newspaper commission or hearing officer, with of general circulation or by posting on the g property and in at least ten other places laces within the municipality. Mailed notice is required to the property owner of the rezoning site and to any person who has registered to receive such notice. While this section of the statutes also refers to a 150' "protest area" around the rezoning site triggering a 3/4 majority vote of the Town Council, it does not specifically'ficall mention direct mailed notice to that area. A public hearing before the Town Council is not required by state statutes. refers to the same protest area, but requires that copies of the published and The Oro Valley Zoning Code posted notice be mailed to owners of property within 600' of the rezoning site and the HOA contact, as well as posting on the Web and at Town Hall. • operatingprocedures (SOP'S) further require a 1/8tpage display ad in The Plannin and Zoning standard Planning lieu of the standard column legal ad for rezonings. See attached excerpt from P&Z SOP #9. Home Owner the resident for nes hborhoods that might reasonably be affected are Association contacts (typically president) g notified. • • ' Plans. ARS does not require a public hearing by the Town Council on a _Subdivisions and Development q subdivision plat or development plan. by a Review design or development review committee is an optional g element of the subdivisiondevelopmentplan process and that a local jurisdiction can choose to implement. requires review of plats and development plans by the Development Review The Oro Valley Zoning Code Board (DRB). The P&Z SOP for public notice of DRB review requires mailed notice to owners of property withi • n 300 feet, or for developments over 20 acres within 600 feet as well as the HOA. The property must be at Town Hall and on the Web. The DRB holds public meetings on these posted and a posting is required submittals. The same notice provided is for the Town Council public meeting. While these meetings are not pg s,hearin s, in practice public testimony is always allowed. t TOWN OF ORO VALLEY COUNCIL COMMUNICATION Page 2 of 2 Variances and Zoning Interpretations. ARS § 9-462.06 requires the same notice for Board of Adjustment hearings on variances and appeals of zoning interpretations as for rezonings. Publication of the legal ad in the paper or posting the property, and mailed notice to surrounding property owners within 150' of the site are all required by state statute. Public hearings are required. Oro Valley SOP requires mailed notice to property owners within 300', mailing to the HOA the property is in, posting on the property, and posting at Town Hall and the Web. Architecture, Public Art, Landscape Plans. State law does not refer to this type of review, public review is not required. These types of submittals are reviewed and approved by the DRB in a public meeting. The Town Council makes the final decision on public art. Conditional Use Permits. ARS § 9-462.01 specifically references the ability of a local jurisdiction to establish conditional uses and a review process for them. Review by the planning "agency" is mentioned — referring to the planning department. The Zoning Code requires that conditional uses be approved by the Town Council with a public hearing and recommendation by the Planning and Zoning Commission. Per the SOP, The Town provides notice to the HOA and all property owners within 600' of the Planning and Zoning Commission public hearing. SUMMARY: The Town provides a considerably higher level of notice than is required by state law. In addition, our standard operating procedures often go beyond the notice and public meeting or hearing requirements in the Zoning Code. And, while HOA's may notice a wider area than the Town, they are not required to do so. As recent cases have shown, Town residents well beyond the notification area may wish to be informed about proposed developments. TOWN COUNCIL ACTION: Staff recommends that the Town Council discuss the above procedures and provide direction to staff regarding either maintaining or changing the notice procedures. a _./t/ 's, ga ik lk ' Mc__ Sarah S. More, Planning & Zoning Director 9:1 ` ! a DJer e Watson, Assistant Town Manager , ed.....4‘,., David Andrews, Town Manager ATTACHMENTS: P&Z SOP #9 excerpt C:SSM/Notice TC 032807 a C • F-- 1 3 .0 m W M Q a) I c 0� o X S co ,.., c „:::, WQ� � � � � u. - co O en _ �M (13 al off 0 E ir 00 act < 3 N Z Z Z 2 LZCLEL Z < Z o g ci cc a� .co• c? 0 a. c E •E 6 Ec 10 -' E 8 °0 co 2 ° = • 0.5 05 ga_ Cl.. 0 a �•cn a �5 v �_ mi a�E ao '-- co `�° a a E o E E aa. a co`, E �' ° 0 Ca C4 Ci) = Z Z LL co o "_ - - c W b 0 ^ 0 0 V Nc 3 zc`a 3 O Z c m•C 1-5 Q. a c Jo M Z 'v o= O W 0 cc)•3z, U y c E cv ai Q- 2 c'ui 3 c a i a .o ca •$ cwt N coav o N vE o a' a.n .0 O C)11. � cc . a' a) _co mc � E o o oCO a- - 6. co 10 W c t' a o cm s c' o -g 73 CL 'ca E c`6 ct •a 3 cu •o co C ca E — co E a- co o B 2 - .o= .o = a) ct O N o a� a w a o � 'EEo� ? ,,,, pa! .-E.: ma~ .omo~ Q 0 � � � aa(13 _ aca oEN�ico CL 2 acvO° °2•s< 17, ,.. QQ3— a< 3 n0_0- 0.. ° � na �� aZ _ Z . 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E .0 0 V -o i P` YI4h'/ N-� 02 w `' 4 L A A MEMORANDUM 1RR 2?'i? rj3:i::; r;e To: Mayor and Town Council; David Andrews, Town Manager; Jerene Watson, Assistant Town Manager; Stacey Lemoi, Fi/ nance Director From: Melinda Garrahan, Town-• ' o ; Lexa M , Assistant Civil Attorney Date: March 26, 2007 Re: Development/Impact Fees; Consideration Whether to Direct a Consultant Study Theq uestion has been asked whether the Town should be doing more to collect or development impact fees. Presently the Town of Oro Valley assesses three development fees, p p two for water service and one for public roads. As you know, the development fees related to water acquisition and infrastructure are the subject of current studies and Council consideration. The road development fees were recently studied and Council adopted a fee increase. Municipalities in Arizona use development fees for a variety of purposes including water and sewer services, roads, parks, library services, fire and police services, waste disposal, and some make assessments forg eneral government services: While there are a variety of services that may supported su orted by development fees, there are limitations against who they may be assessed and for what purpose. (Please see discussion below regarding legal issues.) Because the road and water development fees have been or are under review, this memorandum will focus on the other possible development fees. 1 Arizona Impact Fees,Tables 9-13, City of Mesa Impact Fee Update,February 6,2007 available at http://www.cityofinesa.org/buildin safety/pdf/2007_Impact_Fees/2007_Impact_Fee_Study_Public_Draft.pdf F:\Finance\Misc\Impact Fees\032607-MM-M&C impact fees&consultant.doc Development Fees Primer Development fees are those one-time assessments municipalities may make on new needed to support growth the infrastructure development to assist in fundingimprovements he development.2 Arizona statutes authorizing these types of assessments use directly caused by t p the term "development fees", althoughthey are commonly referred to as "impact fees" because acts development has on local communities. There are several they are assessed to cover the imp p requirements to enacting oramending development develo ment fees that must be precisely followed. In addition, the statutes regulating p development fees are a popular target as of late for the legislature • , making it incumbent on municipalities to stay abreast of all changes in order to ensure the fees adopted are legally compliant. The following is a brief summary of the services fees maybe assessed, the process by which they are enacted, and the for which development legal pitfalls m that mayimpede the use of development fees as a source of revenue. p I. Development Fee Uses A development fee is a financial tool to reduce the gap between the resources needed to existing ones to serve new residents, and facilities or services or to provide new publicimprove ble for that purpose. Under Arizona law, development fees are supposed to the money availa prp assist in p providing "necessarypublic services" bythe municipality.3 Development fees are dedicated principally for the provision of additional services such as water and assessed and p p y systems, roads, libraries and parks and recreation facilities made necessary by the presence sewer of new residents in the area. The funds collected cannot be used for operation, maintenance, or replacement of existingcapital facilities.4 Currently, state law does not repair, alteration p public define "necessary services." There is a bill presently pending before the legislature that would address this issue to include "the costs of infrastructure, improvements, real property, engineeringand architectural services, financing, other capital costs and associated appurtenances, equipment, vehicles, furnishings and other personalty" (personal property) within 2 ARS § 9-463.05 3 Id a Carrion Carmen,Libby,Lawrence W.,Development Impact Fees:A Primer, available at http://www- aaecon.a2.ohio-state.edu/Programs/Swank/pdfs/dif.pdf. Page 2 of 6 services.5 This proposed amendment sheds some light as to what types of the ambit of necessary p p services would be appropriate for development fee assessments. II. Initiating Development Fees In orderimplementdevelopment to a develo ment fee, a municipality must give at least sixty (60) days notice to the public that a fee is contemplated. At the time the notice is given, the municipality supports the assessment of a development fee.6 Common must also release a written report that supp g municipalities practice amon in Arizona is to hire a consulting firm to compile a development fee study approved if a d bythe legislative body, use that report as justification for instituting or g revising development fees.? After the sixtynotice eriod has passed, the legislative body must hold a public day p p hearing on the issue of the development fee. Once the public hearing has been held, the municipality must wait at least an additional fourteen (14) days before they may adopt the fee. If effective ninety adopted, the development fee becomes (90) daYs after formal adoption.8 p III. Legal Considerations When Adopting Development Fees There are fairly clear legal requirements dictating what types of developments fees may be assessed and against whom. Statutorily, development fees must be assessed on a "non- discriminatory" basis, must result in a beneficial use to the development and must bear a relationship to the burden imposed on the municipality.9 Case law in Arizona reasonable rel p p interprets these requirements and paints a fairly clear picture of how development fees should be � enacted and may be used. The first requirement, that development fees must be assessed in a non-discriminatory fashion, means that, if a municipality is going to assess development fees, they must apply to all S Senate Bill 1423 6 A.R.S. § 9-463.05(C). 7 See for example City of Mesa Impact Fee Update,February 6,2007 available at http://www.cityofmesa.org/building_safetv/pdf/2007_Impact_Fees/2007_Impact_Fee_Study_Public_Draft.pdf, Town of Queen Creek Development Fee Study,February 15,-2006 available at h ://www.queencreek.org/TownHall/assets/pdf/DevFees/Development%20Fee%20Report%20-%20FINAL.pdf; City of Surprise Development Fee Study,December 14,2006 available at http://www.surpriseaz.com/archives/11/REGULARCITYCOUNCILMEETINGAGENDADEC142006.pdf Item#19; City of Casa Grande Development Fee Study,January 5,2007 available at http://www.ci.casa- grande.a:.us/finance/pdf/deviee_study_2007.pdf. 8 A.R.S. § 9-463.05(C). 9 A.R.S. §9-463.05(B). Page 3 of 6 parties on the same basis. All new development that results in an impact must be assessed the same kindalthoughmay of fees, fees vary by the magnitude of impacts. This "magnitude of Y " concept is how a municipality mayjustifyassessing a higher fee against commercial impacts p Y development than depending or vice versa de ending on the type of fee and the impact it is designed to offset. The second and third statutory requirements comprise what is known as the "dual rational nexus" test.1° To determine if these statutory requirements have been met the courts look at whether the fee is factuallyrelated to the need for public services and whether there is a totheportion of the public burden created by the development.11 Some reasonable relationship examples of fees that would not pass this test would be assessing fees for parks or library services against commercial developments or a fee for a public parking structure against a residential development. These requirements do not, however, dictate that municipalities have a precise plan as to how the funds raised will be spent.12 There must be documented justification for why the fee is needed and in what amount, but at this time the law does not require that municipalities have concrete and/or immediate plans for how to best meet the service needs created by the new develop ment.13 By way of illustration, a municipality could determine that because of new development, more public safety infrastructure will become necessary in the future. They may present a plan that in five years a new police substation will be built near where the development is occurring.. Later however, they maydiscover that a more feasible solution is to purchase more vehicles so as to provide better coverage of the area instead of having a stationary building. As long as the revenue raised still provides the necessary services the fee was originally assessed torovide� the municipality has some leeway in determining the best way to accomplish its goal. p Development fees may only be assessed for services provided by the municipality in order to meet the standards set forth by statute. For example a municipality may not assess sewer development fees unless they provide sewer services. This also includes not attempting to assess fees for services the municipality is not authorized to provide. In Home Builders Ass'n of Central Arizona v. CityApache Junction, for example, the city attempted to impose development fees of 10 Home Builders Ass'n of Cent.Arizona v. City of Scottsdale, 179 Ariz. 5, 875 P.2d 1310(Ariz.App.Div. 1,1993). 11 Home Builders Ass'n of Cent.Arizona v. City of Scottsdale, 187 Ariz.479,930 P.2d 993 (1997). 12 Id 13 Id Page 4 of 6 that would then be passed on to the local school district to defray the costs of building more velo ment.14 The court determined that, because municipal schools due to residential de p authorized toprovide public educational services under state statute, they governments are not cannot assess development fees to pay for the same. The fee attempted by Apache Junction failed discussed in the first section, as would any similar to meet the "necessary services" requirement fees for services not provided by the municipality. As with any action taken bythe legislative body of a municipality, all statutory fee maybe implemented.prerequisites must be met before a development This includes provided that the fee is for a necessaryservice by the municipality that is rationally and factually related developmentagainst the a ainst which the fee is assessed and that all timelines are above, development met in approving the fee. As indicatedment fees are often target for the p legislature and this session is no different. In addition to the suggested language regarding the definition of necessary services, Senate Bill 1423 also adds several requirements for municipalities that use development fees. These include the development of an infrastructure Improvements plan that sets forth the estimated future necessary services required as a result of development, a forecast of the costs for any capital costs associated with providing those necessary services, and documentation supporting the plan. Additionally, there must be a public the infrastructureplan that maybe held at the same time as the public hearing on the hearing on development fee itself. These changes may create some difficulty in instituting development fees as the time and involved in compiling such a report could be substantial. It may also reduce some of the effort p g p ' ' municipalities have in implementing the projects made necessary by the new flexibility munlcipal�ties p g p development that these types of fees are intended to pay for. As with all proposed legislative changes, the changes may not become law. The analysis provided above is based on anyimplemented development fee law as it stands to day and fees between now and the end of the current legislative session will have to follow the process as outlined. Conclusion p For comparison and informational purposes, some examples of development fees assessed by jurisdictions various Arizona are included with the hard copy of this memorandum. 14 198 Ariz.493, 11 P.3d 1032(Ariz.App.Div.2,2000). Page 5 of 6 Development fees can be a valuable resource for local government to keep up with the demands of newdevelopment.develo mentTheycan be an alternative to property taxes and, in theory, allow new a for the burden it places on a community. Legal requirements, however, development to pay government that local examine the situation carefully to determine if the incremental justifythe assessment of develo ment fees, and then spend the fees demands of new growth p collected on incremental improvements in infrastructure and service needs, not on existing deficiencies. Certain types of development fees would not meet state legal standards, for example: development fees assessed by the Town against commercial development for the support of the library, parks and recreation; or development fees assessed against residential development for fire and sewer services which the Town does not provide. Moreover, the current state of services or infrastructure provided by the Town may make it impractical to adopt an impact fee in some instances. We understand that some time ago the Town considered a parks impact fee on new residential development. At that time, however, the Town was far behind any standards for parks and recreation infrastructure and did not have the funds to bring the infrastructure up to standard. Because a parks development fee could only be justified and spent on the incremental additional infrastructure directly related to new growth, and not on bringing all parks and recreation infrastructure up to standard, the Town did not adopt a parks development fee. This same issue would have to be faced in considering certain development fees at this time. In depth analysis would be needed. Even when the Town does provide a service or infrastructure and arguably it is burdened by new residential and/or commercial development, given the requirement that any development fees must be inro ortion to the burden, then the calculations necessary to support adoption of p p fees will be relatively complex. For example: If police services and equipment are benchmarked at their current levels, then it may be possible to develop information on appropriate impact fees for residential and commercial development that are proportional to the additional costs related top roviding the same level of law enforcement services taking into account the additional burden. This level of analysis will, however, require outside expertise. If Council wishes to consider adopting additional development fees then the members may want to consider directing p g p staff to contract with a consultant to study the feasibility of such action. Page 6 of 6 Table 10 ARIZONA IMPACT FEES PER MULTI-FAMILY DWELLING Waste- Gen. Solid Storm Jurisdiction Water Water Roads Parks Library Fire Police Gov't Waste Drain Total Bullhead City $588 $588 Yavap ai Co. $1,150 $1,150 Marana (2) $236 $1,826 $2,062 Chino Valley $1,442 $487 $131 $270 $138 $2,468 Show Low $153 $1,832 $377 $122 $2,484 Oro Valley $296 $2,280 $2,576 *Tempe $1,226 $1,588 $2,814 *Apache Junction $107 $52 $1,661 $542 $252 $128 $80 $2,822 *Buckeye $248 $153 $1,092 $190 $728 $315 $188 $2,914 *Peoria (North) $590 $488 $208 $859 $186 $243 $117 $316 $3,007 Sierra Vista $976 $1,246 $382 $274 $318 $3,196 *Fountain Hills $326 $2,388 $32 $466 $3,212 Tucson $236 $2,259 $800 $3,295 *Mesa-Current (3) $576 $735 $851 $301 $186 $286 $291 $30 $84 $3,340 *Surprise $513 $241 $437 $948 $224 $382 $357 $265 $3,367 *Glendale $649 $192 $372 $790 $372 $245 $260 $478 $49 $3,407 Sedona $685 $534 $1,914 $66 $153 $137 $3,489 Casa Grande (1) $231 $445 $1,947 $391 $187 $463 $3,664 *Avondale $503 $359 $604 $669 $223 $413 $158 $495 $267 $3,691 Prescott $1,367 $469 $1,116 $253 $167 $84 $275 $3,731 Payson $2,523 $600 $647 $3,770 *Goodyear (4) $338 $217 $571 $1,104 $213 $399 $300 $365 $303 $3,810 Pima Co. (2) $236 $2,685 $1,500 $4,421 *Scottsdale $2,163 $2,465 $302 $4,930 *Phoenix (5) $299 $433 $760 $989 $120 $111 $49 $12 $2,198 $4,971 Florence $777 $993 $57 $1,032 $385 $414 $440 $638 $255 $4,991 Mesa-Prop osed** (4) $1,265 $1,516 $802 $332 $273 $412 $393 $62 $195 $5,250 Mesa-Proposed (3) $1,265 $1,516 $958 $332 $273 $412 $393 $62 $195 $5,406. *Queen Creek $521 $302 $3,383 $706 $421 $926 $6,259 *Chandler $2,934 $1,465 $1,546 $1,294 $362 $296 $294 $8,191 *Gilbert $2,642 $2,957 $196 $2,106 $663 $586 $595 $9,745 State Average $873 $867 $944 $1,221 $271 $356 $246 $358 $150 $605 $3,737 *Valley Average $984 $848 $635 $1,309 $279 $373 $254 $367 $115 $722 $4,432 Notes: Assumes a 2-bedroom, 1,000 sq.ft. dwelling valued at$100,000;water and wastewater fee assumes five 2"water meters and two 2" irrigation meters per 240-unit complex; averages exclude proposed Mesa fee and communities that do not charge a fee for the facility in question. *Jurisdictions located in the Valley ** Excludes the Cultural Facility Impact fee (1)Park fee is community service fee,which includes parks, library and recreation (2)Developments in unincorporated Pima County and Marana typically use Tucson water (3)Solid waste fee is actually residential development tax; park fee includes cultural fee (4)Drainage fee is called public works (5)Desert View area Source: Internet and telephone survey by Duncan Associates,August 2006. CITY OF MEsA\Impact Fee Update February 6,2007 Puiuic IlniEw DRAFT, Page 9 Table 11 ARIZONA IMPACT FEES PER 1,000 SQUARE FEET OF RETAIL Waste- Gen. Solid Storm Jurisdiction Water Water Roads Parks Library Fire Police Gov't Waste Drain Total Yavap ai Co. no fee $0 Marana (1) $227 no fee $227 Prescott $447 no fee no fee no fee no fee $447 Show Low $106 $353 no fee $459 *Tempe $222 $273 $495 Payson $505 no fee $505 *Fountain Hills $190 $20 $300 $510 Oro Valley $698 no fee $698 * sa-Current (3) $162 $206 $160 $252 $250 $100 $1,130 Me Chino Valley (2) $860 $180 $140 $70 $1,250 Florence $83 $106 $470 $325 $122 $178 $1,284 Casa Grande $493 $387 $173 $349 $194 $1,596 *Scottsdale $603 $472 $555 $1,630 Bullhead City $1,801 $1,801 Mesa-Proposed (3) $355 $425 $228 $363 $340 $238 $1,950 p Pima Co. (1) $227 $2,197 $2,424 *Gilbert $474 $464 $1,054 $331 $312 $315 $2,950 Sierra Vista $2,550 $220 $220 $2,990 Sedona $752 $2,349 $112 $208 $32 $112 $3,565 *Glendale $462 $191 $1,907 $178 $390 $469 $58 $3,655 Tucson $227 $3,519 $3,746 *Surprise $356 $234 $512 $1,053 $1,659 $233 $4,047 *Goodyear (4) $476 $208 $1,530 $200 $1,150 $270 $220 $4,054 *Queen Creek $504 $2,819 $265 $1,028 $4,616 *Buckeye $240 $148 $1,314 $731 $2,126 $183 $4,742 *Avondale $358 $358 $2,506 $343 $380 $411 $1,700 $6,056 *Apache Junction $147 $320 $6,157 $325 $203 $7,152 *Chandler $779 $398 $5,630 $200 $170 $170 $7,347 *Phoenix (5) $609 $880 $3,922 no fee $61 $36 $2,198 $7,706 *Peoria (North) $333 $198 $14,339 $356 $1,334 $370 $16,930 State Average $434 $364 $2,853 $112 $0 $342 $527 $277 $879 $637 $3,242 *Valley Average $402 $347 $3,490 $0 $0 $395 $650 $326 $879 $768 $4,868 Notes: Assumes a 100,000 sq.ft.shopping center built at 0.15 FAR and served by a 3"water meter; "no fee" indicates that there is a fee for some land uses; averages exclude proposed Mesa fee and communities that do not charge a fee for the facility in question. *Jurisdictions located in the Valley (1)Developments in unincorporated Pima County and Marana typically use Tucson water (2)Fire fee assessed by the Chino Valley Fire District (3)Residential development tax for solid waste does not apply to nonresidential uses (4)Drainage fee is called public works (5)Desert View area Source: Internet and telephone survey by Duncan Associates,August 2006. CITY OF MEsA\Impact Fee Update February 6, 2007 PuB IC ttE ww 'hum Page 10 Table 12 ARIZONA IMPACT FEES PER 1,000 SQUARE FEET OF OFFICE Waste- Gen. Solid Storm Jurisdiction Water Water Roads Parks Library Fire Police Gov't Waste Drain Total Yavapai Co. no fee $0 1 $227 no fee $227 Marana O $447 Prescott $447 no fee no fee no fee no f ee no fee $459 Low $106 $353 Show $495 *Tempe $222 $273 Fountain Hills $190 $20 $300 $510 Oro Valley $698 no fee $698 Payson $757 no fee $757 Mesa-Current (3) $162 $206 $160 $252 $250 $100 $1,130 Sierra Vista $1,030 $70 $80 $1,180 Casa Grande $493 $129 $244 $117 $278 $1,261 Florence $83 $106 $269 $432 $161 $236 $1,287 *Scottsdale $603 $472 $333 $1,408 Pima Co. (1) $227 $1,299 $1,526 Bullhead City $1,801 $1,801 Mesa-Proposed (3) $355 $425 $228 $363 $340 $238 $1,950 *Gilbert $474 $464 $377 $331 $312 $315 $2,273 *Glendale $462 $191 $913 $268 $187 $708 $89 $2,818 Chino Valley (2) $2,450 $180 $140 $70 $2,840 *Buckeye $240 $148 $445 $1,080 $720 $270 $2,903 *Queen Creek $504 $860 $81 $1,518 $2,963 *Goodyear(4) $476 $208 $900 $310 $680 $410 $340 $3,324 *Apache Junction $147 $320 $2,724 $226 $141 $3,558 Sedona $752 $2,349 $112 $208 $32 $112 $3,565 *Surprise $356 $234 $687 $1,505 $556 $333 $3,671 *Avondale $358 $358 $831 $460 $126 $550 $1,700 $4,383 Tucson $227 $4,181 $4,408 *Chandler $779 $398 $3,460 $200 $170 $170 $5,177 *Phoenix (5) $244 $352 $3,679 no fee $62 $26 $2,145 $6,508 *Peoria (North) $333 $198 $4,757 $447 $381 $605 $6,721 State Average $429 $335 $1,659 $112 $0 $437 $249 $365 $895 $606 $2,355 *Valley Average $374 $309 $1,652 $0 $0 $529 $290 $430 $895 $730 $3,189 Notes: Assumes a 100,000 sq.ft.office building at 0.25 FAR and served by a 3"water meter; "no fee"indicates that there is a fee for some land uses; averages exclude proposed Mesa fee and communities that do not charge a fee for the facility in question. *Jurisdictions located in the Valley (1)Developments in unincorporated Pima County and Marana typically use Tucson water (2)Fire fee assessed by the Chino Valley Fire District (3)Residential development tax for solid waste does not apply to nonresidential uses (4)Drainage fee is called public works (5)Desert View North service area Source: Internet and telephone survey by Duncan Associates,August 2006. CITY OF MESA\Impact Fee Update February 6, 2007 is Itusw w Ditiwr, Page 11 Table 13 ARIZONA IMPACT FEES PER 1,000 SQUARE FEET OF INDUSTRIAL Waste- Gen. Solid Storm Jurisdiction Water Water Roads Parks Library Fire Police Gov't Waste Drain Total Yavapai Co. no fee $0 Marana (1) $227 no fee $227 Prescott $447 no fee no fee no fee no fee $447 Show Low $106 $353 no fee $459 *Tempe $222 $273 $495 Payson $505 no fee $505 *Fountain Hills $190 $20 $300 $510 Sierra Vista $610 $40 $40 $690 Florence $83 $106 $83 $218 $82 $121 $693 $698 Oro Valley $698 no fee Casa Grande $493 $68 $159 $60 $179 $959 * -Current(2) $162 $206 $160 $252 $250 $100 $1,130 Mesa Sedona $752 $400 $33 $32 $126 $1,343 *Scottsdale $603 $472 $555 $1,630 ( *Goodyear 3) $476 $208 $240 $180 $180 $240 $200 $1,724 Y Bullhead City $1,801 $1,801 *Apache Junction $147 $320 $1,082 $157 $98 $1,804 *Buckeye $240 $148 $232 $676 $376 $169 $1,841 Pima County (1) $227 $1,646 $1,873 *Mesa-Prop osed (2) $355 $425 $228 $363 $340 $238 $1,950 *Queen Creek $504 $486 $46 $950 $1,986 Tucson $227 $1,805 $2,032 *Glendale $462 $191 $649 $185 $132 $488 $61 $2,168 *Gilbert $474 $464 $377 $331 $312 $315 $2,273 *Surprise (4) $356 $234 $474 $973 $292 $215 $2,544 p Chino Valley (5) $2,290 $180 $140 $70 $2,680 *Phoenix (6) $102 $147 $1,102 $45 $87 no fee $2,176 $3,659 *Avondale $358 $358 $512 $317 $77 $380 $1,700 $3,702 *Chandler $779 $398 $2,490 $200 $170 $170 $4,207 *Peoria (North) $333 $198 $2,934 $329 $235 $417 $4,446 State Average $411 $324 $930 $0 $0 $285 $150 $275 $881 $631 $1,673 *Valley Average $363 $294 $897 $0 $0 $340 $180 $333 $881 $758 $2,275 Notes: Based on 100,000 sq.ft.industrial building built at 0.15 FAR and served by a 3"water meter;"no fee"indicates that there is a fee for some land uses; averages exclude proposed Mesa fee and communities that do not charge a fee for the facility in question. *Jurisdictions located in the Valley (1)Developments in unincorporated Pima County and Marana typically use Tucson water (2)Residential development tax for solid waste does not apply to nonresidential uses (3)Drainage fee is called public works (4)In north zone; road fee is called public works, police fee includes fire and EMS (5)Fire fee assessed by the Chino Valley Fire District (6)Desert View North service area Source: Internet and telephone survey by Duncan Associates,August 2006. 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