Attachment A - Proposed Personnel Rules Changes.pdf
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ATTACHMENT A
RULE 1
DEFINITIONS
"Applicant" means a person who has filed an application for a position.
"Appointing Power, Authority, or Officer" means the City Manager or other legally
designated official having the power of appointment and removal of employees.
"Apprentice" means an unclassified employee in a formalized apprenticeship program.
"Board," when used alone, means the Civil Service Board of the City of Phoenix.
"Break in Service" means dismissal, resignation, retirement, or status change to part-time.
"Calendar Days" shall be used for all employees regardless of work schedules when
specified in the Rules. Unless otherwise specified, "days" shall mean calendar days
within these Rules.
"Candidate" means a person participating in an examination or selection process.
"Class or Classification" means a position or group of positions sufficiently similar in
respect to their duties and responsibilities that the same requirements as to education,
experience, knowledge, ability, and other qualifications are required of the occupants,
and substantially the same tests of fitness are used to choose qualified employees, and
substantially the same schedule of compensation can be made to apply APPLIED with
equity under the same or substantially the same employment conditions.
"Class Title" means the designation given to a class, to each position allocated to the
class, and to the occupant of each position.
"Classification Schedule or Plan" means the plan, system or schedule APPROVED BY
CITY COUNCIL for the classification of all positions in the classified service, based upon
the duties, responsibilities, and qualifications of each position, which is approved by the
City Council.
"Classified Service" means all offices, positions, and employments in the service of the
City of Phoenix except those expressly exempt or designated as unclassified by the
Charter of the City of Phoenix.
"Competitive Promotional List" means a list of names of employees who successfully
completed promotional competitive tests of fitness for a class of position, ranked
according to the results of the evaluation process.
"Demotion" means the transfer of an employee from a position in a higher class to a
position in a lower class for which the maximum rate of pay is lower. Removal of special
assignment pay or the transfer of an employee into classification in a different Meet and
Confer Unit does not constitute demotion. Equivalency shall be determined by the Human
Resources Director.
"Discharge, Dismissal, or Removal" means the separation of an employee from
City employment.
"Discipline" means the suspension, demotion, or dismissal of an employee.
"Eligible" means a person whose name is recorded on a current original employment
eligible, reinstatement, promotional, or recall list ADMINISTRATIVE LIST, ELIGIBLE
EMPLOYMENT LIST, PROCESS-BASED EMPLOYMENT LIST, REINSTATEMENT
LIST, PROMOTIONAL LIST, OR RECALL LIST.
"Employee" means a person who is legally an occupant of a position in the City service
or who is on an authorized leave of absence, and whose position is held open for them
upon their return.
"Employment Lists" means lists of persons who successfully qualified for employment as
determined by the various methods of evaluating qualifications. Employment lists include:
‘ADMINISTRATIVE LISTS,’ 'Recall Lists,' 'Reinstatement Lists,' 'SWORN Promotional
Lists,' and 'Eligible EMPLOYMENT Lists.,' AND ‘PROCESS-BASED EMPLOYMENT
LISTS.’
"Equivalent Classification" means two or more classifications that are judged to be
sufficiently similar in qualifications that an employee who is successful in one can
reasonably be expected to be successful in the other, or a list of eligibles for one can be
utilized in making appointments to position vacancies in the other.
"Examination" means the objective testing of applicants to create a list of eligible
candidates. This includes written examinations, as well as demonstration, practical, or
assessment examinations administered by staff designated by the Human Resources
Director.
"Full-Time Employment" means being employed with a work schedule consisting of the
number of full-time hours (minimum 40 hours per week) designated for the position, and
with a work schedule intended to be continuous over a period of 12 months.
"Hourly" means a position that is subject (non-exempt) to the provisions of the federal Fair
Labor Standards Act (FLSA).
"Interim" means appointment of a classified employee to an unclassified position that is
limited in time and is for the purpose of accommodating the absence of an employee on
extended leave or for the purpose of accomplishing a special limited- time project. The
classified employee receiving an interim appointment shall retain his classified service
status.
"Inactive Status" means an employee who is absent from work on a leave of absence,
and has exhausted their paid leave banks.
"Job Sharing" means employment of two people in the same position that is budgeted on
a regular full-time basis, where the two employees share the full-time work hours of the
position. Job sharing is in the unclassified service, and such employment shall not earn
credits toward the completion of probationary period requirements.
"Non-Competitive Promotional List" means a list of employees whose increased
knowledge and skill in an entry-level classification in a career series, as attested to by the
appointing authority and approved by the Human Resources Director, qualifies the
employees for promotion to a journeyman level classification in the same career series.
Such list shall not be used for sworn public safety classifications.
"Part-Time Employment" means being employed in a position which is less than full-time,
but which has a regular schedule on a year-round basis as determined by the needs of
the employing department. Such employment shall not earn credits toward the
completion of probationary period requirements, and is not part of the classified service.
"Position" means a specific office or employment, whether occupied or vacant, calling for
the performance of certain duties and the carrying out of certain responsibilities, either on
a full-time, part-time, seasonal, or temporary basis.
"Promotion" means an advancement from a lower class to a higher class involving an
increase in responsibility. The higher class has a salary range that goes beyond the limit
fixed for the lower class. Additional pay ranges allowed for special assignments within
the class shall be considered part of the pay range of the class, and shall not constitute a
promotion. Transfer of an employee to an equivalent classification in a different Meet and
Confer Unit does not constitute a promotion. Equivalency shall be determined by the
Human Resources Director.
"Provisional" means an appointment of a person to a regular position without an
examination in the absence of an appropriate eligible list or availability of eligibles. Such
appointment shall be for not longer than EXCEED sixty working days, and shall earn
credits toward the completion of probationary period requirements.
"Public Notice" means notice given either by posting or publication, or both.
"Recall List" means a list of names of persons who were laid off from a class, or from
service on account of DUE TO lack of work or funds or any other cause, and whose names
were placed on said list in accordance with these Rules.
"Regular Employment" means being employed in a full-time budgeted position in the
classified service.
"Reinstatement List" means a list of names of persons who separated from service under
satisfactory conditions or who were demoted as a result of reduction in force or
reclassification, and whose names were placed on such list upon request of eligible
applicant.
"Salaried" means a position that is exempt from the provisions of the federal Fair Labor
Standards Act (FLSA) and is designated in the pay plan of the City of Phoenix.
"Selection Process" means the objective evaluation of certified eligible candidates to fill
vacant positions. This includes selecting candidates to interview, conducting interviews,
performing reference checks, and completing the required background check. Interviews
may include requests to perform functions which THAT simulate the requirements of the
job.
"Service" means:
Personal service of any discipline notice by delivery to the person named or to any
member of their family over the age of sixteen residing at their usual place of
residence;
Or
Deposit of the order NOTICE in the United States mails, certified return receipt
requested, postage prepaid, addressed to the last known address of the person to be
served.
"Suspension" means the temporary separation of an employee from the employee’s
position for disciplinary reasons. Salaried employees shall be suspended in full-day
increments consistent with the federal Fair Labor Standards Act.
"Temporary Employment" means being employed in a position that is temporary in nature
and is not an established regularly budgeted position. Such employment shall not earn
credits toward the completion of probationary period requirements, and is not part of the
classified service.”
"Trainee" means an employee in an unclassified transitional classification designed to
provide instruction and work experience and approved by the Human Resources
Committee.
"Transfer" means the assignment of an employee from one position in the City service to
another position for which the employee possesses the qualification requirements, and
the pay range of the new position is determined to be equivalent by the Human Resources
Director.
"Vacancy/Vacant Position" means a position that does not have an incumbent, and the
position has been approved for filling by the City Manager.
"Work Day - 56-Hour Employee" - In these Rules, the following equation shall be used
when considering employees who are assigned to a 56-hour work schedule:
3 consecutive work days
= 2 shifts
5 consecutive work days
= 3 shifts
30 work days
= 14 shifts
60 work days
= 27 shifts
RULE 7
RECRUITMENT, EXAMINATION, AND QUALIFICATION EVALUATION
7a. Notice of Recruitment Needs
The Human Resources Director shall release recruitment notices POSTINGS and
publicity deemed necessary to secure qualified applicants for City employment.
Recruitment notices shall be posted on the Human Resources Department website
and in locations designated by the Human Resources Director.
7b. Recruitment Schedule
The Human Resources Director shall recruit applicants for classes of employment to
meet the needs of City operations.
7c. Disqualification of Applicants
The Human Resources Director may reject any application or exclude the name of
any applicant from the eligible list or deny certification of any eligible who:
7c1. Is found to lack any of the qualification requirements specified in the position
classification plan CLASSIFICATION PLAN.
7c2. Does not meet the physical and mental OR health requirements of the class of
position to which the applicant seeks appointment. This does not include
disabilities that can be accommodated as provided in Rule 6a.
7c3. Does not meet the background screening standard CHECK STANDARDS
established for the position within the job class. Refer to Administrative
Regulation 2.81.
7c4. Has received a positive test result, failed to appear, or refused to submit to the
drug, alcohol, or other substance screening which is a requirement for the job
class to which the applicant seeks appointment.
7c5. Has been dismissed from previous employment for delinquency or other good
cause.
7c6. Has been dismissed previously from the City service for just cause, or whose
performance rating was below standard at the time of resignation.
7c7. Has made a materially false statement in the application or in the examination or
has practiced or attempted to practice deception or fraud in connection with such
application or examination.
7c8. Has taken an examination for the class as many times as allowed for a given
period by the Human Resources Director HAS ALLOWED FOR IN A GIVEN
PERIOD OF TIME.
7c9. Has been passed over for appointment for good cause, or has failed to appear
without good cause after accepting a notice of interview.
7c10. Is lacking in LACKS any other qualifications or standard STANDARDS of conduct
of equal gravity TO or exceeding those specifically enumerated in 7c1 - 7c9.
An applicant who is rejected, whose name is not posted, or whose name is removed
from an eligible list shall be notified of the action. The rejected applicant or eligible
may request a review of the action taken. This request shall be submitted to the
Human Resources Director in writing within seven days after the notice of action is
mailed. Such request for review shall not prevent the selection and hiring procedure
from going forward during the review period. The decision of the Human Resources
Director shall be final.
7d. Scope and Character of Qualification Evaluation
Screening of applicants shall consist of any qualification measurements that will
establish and confirm the qualifications of applicants required by the class for which
applicants are being evaluated.
7e. Examinations of Applicants
Examinations to measure the qualifications of applicants shall be conducted by the
Human Resources Director, or designee.
If requested, special test accommodations will be made for a disabled applicant if the
needed accommodations are consistent with the reasonable accommodations that
may be made on the job.
In order to qualify for employment, a candidate may be required to make a passing
grade in each part of the examination. This is in reference to any test type or rating
including, but not limited to, knowledge, demonstration, physical, personal fitness, or
other related testing measurements.
Written examination records and documentation that are proprietary shall not be made
available for public inspection or copying.
7f. Suspension of Recruitment
The Human Resources Director may SUSPEND A RECRUITMENT UPON
SATISFACTORY EVIDENCE THAT THE RECRUITMENT HAS NOT GARNERED
SUFFICIENT APPLICANTS MEETING THE HIGHEST LEVELS OF QUALIFICATION
MEASUREMENTS AND THAT THE POSITION CANNOT BE FILLED BY THE
PRESENTED CANDIDATE POOL, in case of a vacancy in a position requiring
peculiar and exceptional qualifications of a scientific, professional, or expert character,
upon satisfactory evidence that recruitment is impractical and that the position can
best be filled by the selection of some designated person of recognized attainments,
suspend recruitment.
7g. Promotional Examinations
Applications for promotions shall be subject to the requirements and procedures
provided in these Rules, except that applicants for promotion shall not be entitled to
disability or veterans' preference. Positions in classes above the entrance level
classes shall be filled by competitive or non- competitive promotional examinations
whenever there is a sufficient number of employees who have the experience,
training, and other qualifications required by the higher level classes. If qualified
applicants for position vacancies in the higher classes are not present in the City
service, or the best interests of the City service would not be served, then the position
vacancies in the higher classes shall be filled by open competitive examinations. The
class qualification requirements shall be complied with in any promotional
examination.
Promotional examinations are open to employees in the City service and to individuals
on recall lists, each of whom meets the requirements specified in the Rules and the
Position Classification Plan.
The total length of authorized service shall be allowed as a seniority score in one part
of the promotional examination. An employee who is receiving pension benefits as a
result of retirement from the City under the Arizona Public Safety Personnel
Retirement System shall not receive seniority credits for the service time under the
Arizona Public Safety Personnel Retirement Plan. Two points for each complete year
of authorized service shall be allowed. For an incomplete year, proportionate credits
shall be allowed in the same ratio as the completed months of an incomplete year
relate to a complete year. Part-time and temporary employees shall not receive
seniority credits. A job sharing employee who had service as a regular full- time
employee immediately preceding the job share appointment, shall be credited with the
appropriate seniority score based on the individual's full- time employment plus pro-
rata credits earned in job share status.
7h. Examination Results
Once examination results have been completely evaluated and scored, the applicants
shall be notified of their examination results.
7h1. Written Examinations
For three business days beginning on the first business day following the
examination, a candidate who participated in any city CITY of Phoenix developed
examination may, in the presence of Human Resources staff, review a keyed
copy of the written examination and file a written notice of protest, stating the
item or items objected to and the reason for the objection. The written notice
must be filed by the end of the three-day review period.
Protests based upon purely personal opinions and without cited authority will not
be entertained. Properly made SUBMITTED protests will be considered by the
Human Resources Director before final examination scoring and release of
examination results. This review process and item objections will not be available
for proprietary tests obtained from a vendor.
For city CITY of Phoenix developed examinations completed on a computer, an
applicant may review their full examinations results immediately after or in lieu of
the review of the keyed copy of the written examination. Applicants may not
submit a written notice of protest on any items after viewing their full examination
results.
For examinations completed on written scoresheets, an applicant may review
their full examination results within five business days from the date that the
notice of examination results was sent. If the review should disclose any errors,
the examination record shall be modified to show a correct record. If the
modification affects the records of other applicants, their records shall also be
modified.
Such written protest WRITTEN PROTESTS shall not delay the next phase of the
testing process or the certification and appointment of qualified eligibles.
Examination records and documentation that are proprietary (i.e. vendor
procured, validated exams) are not public documents.
7h2. Demonstration, Practical, or Assessment Examinations
The purpose of this type of examination is to objectively measure an applicant’s
ability to perform in practical situations which THAT simulate the requirements of
the job.
Within five business days from the date that the notice of examination results was
sent, an applicant may request and be told the sections of RECEIVE
INFORMATION ABOUT the objective exercise where points were deducted from
their score, however, they. TO PROTECT THE INTEGRITY OF THE
EXAMINATION, THE APPLICANT will not be able to challenge the results or view
the actual score sheets, as to protect the integrity of the test.
The review period will be the same as set forth in Personnel Rule 7h1.
7i. The following is a provision of State IS REQUIRED BY STATE law. It is included here
as a guide to be used for employment with the City of Phoenix:
PREFERENCE POINTS
The laws of the State of Arizona require that cities provide preference points for
veterans of the Armed Forces of the United States, for the spouse or surviving
spouse of certain veterans, and for a person with a disability. These preference
points do not apply on promotional examinations.
A. A veteran of the Armed Forces of the United States, separated from the
Armed Forces under honorable conditions following more than 180
consecutive calendar days of active duty, who takes an entrance examination
for employment with the City shall, in the determination of their final rating on
such examination, be given a preference of five points. The preference shall
be added to the grade earned by such veteran, but only if such veteran earns
a passing grade without preference.
B. A person with a disability who takes an entrance examination for employment
with the City shall, in the determination of their final rating on such
examination, be given a preference of five points. The preference shall be
added to the grade earned, but only if such person earns a passing grade
without preference.
C. For the purposes of subsection 7iB of this section, "a person with a disability"
means anyone who has a physical or mental impairment which substantially
limits one or more of their major life activities or has a record of such an
impairment or is regarded as having such an impairment.
D. A person qualified for a preference pursuant to both subsection 7iA and
subsection 7iB shall be given a ten-point preference.
E. A spouse or surviving spouse of any of the following, otherwise qualified
pursuant to subsection 7iA, shall be given a five-point preference as if such
spouse or surviving spouse were an eligible veteran pursuant to subsection
7iA:
1. Any veteran who died of a service-connected disability.
2. Any member of the Armed Forces serving on active duty who, at the time
of application, is listed by the Secretary of Defense of the United States in
any of the following categories for not less than ninety days:
a. Missing in action.
b. Captured in the line of duty by a hostile force.
c. Forcibly detained or interned in the line of duty by a foreign government
or power.
3. A person who has a total, permanent disability resulting from a service-
connected disability or any person who died while such disability was in
existence.
F. An honorably separated veteran who served on active duty in the Armed
Forces at any time and who has a service-connected disability and is
receiving compensation or disability retirement benefits under laws
administered by the Veterans Administration, Army, Navy, Air Force, Coast
Guard, or public health service shall be given a ten-point preference pursuant
to this section.
G. No person eligible for a preference pursuant to this action shall be allowed
more than a ten-point preference.
H. Proof of Qualification - Proof of eligibility for veteran preference or preference
for a person with a disability shall be presented to the Human Resources
Department upon request.
RULE 8
EMPLOYMENT LISTS
8a. Types of Employment Lists
Employment lists consist of five SIX types including recall list, reinstatement list,
transfer list, promotional list, and original employment eligible list OF LISTS. THE
FOLLOWING SECTION WILL OUTLINE THE PURPOSE OF EACH LIST,
DURATION AND UTILIZATION.
• ADMINISTRATIVE LIST
• ELIGIBLE EMPLOYMENT LIST (CONTINUOUS)
• PROCESS-BASED EMPLOYMENT LIST (POSITION BASED)
• RECALL LIST
• REINSTATEMENT LIST
• SWORN PROMOTIONAL LIST
THE HUMAN RESOURCES DIRECTOR MAY REMOVE THE NAMES OF ELIGIBLES
FROM ANY EMPLOYMENT LIST FOR ANY OF THE REASONS STATED IN THESE
RULES. ELIGIBLES WHOSE NAMES ARE REMOVED FROM EMPLOYMENT LISTS
SHALL BE SENT NOTICE OF SUCH ACTION.
8b. Posting of Names to Employment ADMINISTRATIVE Lists
All persons whose names appear on employment lists shall have attained positions
on such lists by the successful demonstration of their fitness for employment in the
class. The Human Resources Director shall approve the posting of names to
employment lists in accordance with the provisions of Rules 8c-8h inclusive. Persons
whose names are approved on employment lists shall be eligible for employment.
AN ADMINISTRATIVE LIST SHALL CONSIST OF THE NAMES OF EMPLOYEES
WHO ARE PLACED ON THE LIST AT THE REQUEST OF THEIR DEPARTMENT
HEAD OR HUMAN RESOURCES DIRECTOR.
PLACEMENT OF AN EMPLOYEE ON AN ADMINISTRATIVE LIST REQUIRES THE
APPROVAL OF THE HUMAN RESOURCES DIRECTOR OR DESIGNEE.
AN ELIGIBLE MAY NORMALLY HAVE ELIGIBILITY ON AN ADMINISTRATIVE LIST
UP TO A MAXIMUM OF ONE YEAR.
8c. Duration of Eligibility ELIGIBLE EMPLOYMENT LIST (CONTINUOUS)
An eligible may normally have eligibility on an employment list up to a maximum of
two years. The maximum time of eligibility on a recall list shall be three years. If the
Human Resources Director believes that an employment list should be supplemented
with additional eligibles, may direct a new recruitment for the classification, with
existing eligibles being automatically placed on the new list for such time as may
remain on their original eligibility. The Human Resources Director may modify the
length of eligibility at the onset of a recruitment procedure and in unusual situations,
may extend an eligible list for an additional year.
Names of eligibles may be removed from any employment list by the Human
Resources Director for any of the reasons stated in these Rules. Eligibles whose
names are removed from employment lists shall be sent notice of such action.
An employee whose name appears on an existing promotional list when entering
military service with the Armed Services of the United States of America during time
of war shall continue to have eligibility on such list until ninety days after being
honorably discharged or released from military service.
AN ELIGIBLE EMPLOYMENT LIST SHALL CONSIST OF THE NAMES OF
APPLICANTS
WHO
SUCCESSFULLY
DEMONSTRATED
THAT
THEIR
QUALIFICATIONS WERE SUITABLE FOR THE CLASS OF EMPLOYMENT NAMED
IN THEIR APPLICATIONS. THE NAMES ON AN ELIGIBLE EMPLOYMENT LIST MAY
BE LISTED ACCORDING TO THE APPLICANTS’ SCORE OR RANK, THROUGH THE
QUALIFICATION MEASUREMENTS USED. THIS LIST MAY BE USED BY HIRING
MANAGERS CITYWIDE TO FILL VACANCIES.
ELIGIBLE EMPLOYMENT LISTS MAY BE POSTED ON AN AS-NEEDED BASIS TO
ALLOW FOR THE CONSIDERATION OF SUCCESSFUL APPLICANTS DURING THE
APPLICATION PERIOD. ONCE LISTS HAVE BEEN EXHAUSTED OR EXPIRE, A
NEW POSTING MAY BE GENERATED TO ALLOW FOR ADDITIONAL APPLICANTS
TO SUCCESSFULLY DEMONSTRATE THEIR QUALIFICATIONS.
THE HIRING MANAGER(S) MAY ACCESS THE LIST TO FILL A VACANCY.
APPLICANTS NOT SELECTED WILL REMAIN ON THE LIST UNTIL THE LIST
EXPIRES.
PLACEMENT ON AN ELIGIBLE EMPLOYMENT LIST DOES NOT GUARANTEE
CONSIDERATION TO ALL LISTS FOR THE CLASSIFICATION. PROCESS-BASED
EMPLOYMENT LISTS MAY BE ADVERTISED CONCURRENT TO ELIGIBLE
EMPLOYMENT LISTS. INTERESTED APPLICANTS ARE ENCOURAGED TO APPLY
TO EACH RECRUITMENT THAT THE APPLICANT EXPRESSES AN INTEREST IN.
ELIGIBILITY FOR TRAINEE AND APPRENTICE CLASSIFICATIONS MAY HAVE
THEIR NAME PLACED ON THE ELIGIBLE LIST OF THE CLASS FOR WHICH THEY
ARE TRAINING, WHEN IT HAS BEEN DEMONSTRATED THAT THEY HAVE
SUCCESSFULLY COMPLETED THE PRESCRIBED TRAINING PROGRAM. THE
NAME OF AN INDIVIDUAL WHO HAS SUCCESSFULLY COMPLETED THE
REQUIREMENTS OF A CITY-SPONSORED TRAINING OR APPRENTICESHIP
PROGRAM MAY APPLY TO BE NON-COMPETITIVELY PROMOTED TO THE
ENTRY-LEVEL CLASS FOR WHICH THE INDIVIDUAL IS TRAINED, AFTER
PASSING THE APPROPRIATE REQUIREMENTS AS DETERMINED BY THE
PROGRAM.
AN ELIGIBLE MAY NORMALLY HAVE ELIGIBILITY ON AN EMPLOYMENT LIST UP
TO A MAXIMUM OF TWO YEARS.
8d. Promotional Lists PROCESS-BASED EMPLOYMENT LIST (POSITION BASED)
Promotional lists shall consist of the names of employees, or individuals on recall lists,
who have qualified by competitive or non-competitive promotional examination. An
eligible shall not continue on a promotional list if they separate from City employment,
but may have their name returned to the promotional list if they return to City
employment and the time limit of eligibility has not expired.
PROCESS-BASED EMPLOYMENT LISTS SHALL CONSIST OF NAMES OF
APPLICANTS WHO HAVE SUCCESSFULLY DEMONSTRATED THAT THEIR
QUALIFICATIONS WERE SUITABLE FOR THE CLASS OF EMPLOYMENT NAMED
IN THEIR APPLICATION.
PROCESS-BASED EMPLOYMENT LISTS MAY BE POSTED ON AN AS-NEEDED
BASIS TO ALLOW FOR COLLECTION OF SUCCESSFUL APPLICANTS DURING
THE APPLICATION PERIOD UNTIL A SELECTION IS DETERMINED.
APPLICANTS
ON
A
PROCESS-BASED
EMPLOYMENT
LIST
MAY
BE
CONSIDERED FOR A SPECIFIC SELECTION PROCESS, WHICH MAY INCLUDE
MULTIPLE CLASSIFICATIONS AND/OR POSITIONS.
PROCESS-BASED EMPLOYMENT LISTS ARE DESIGNED TO FILL VACANCIES
AT THE TIME THAT THE LIST IS BEING ESTABLISHED. WHEN A HIRING
DECISION HAS BEEN MADE, THE LIST WILL BE CLOSED AND APPLICANTS
WILL BE NOTIFIED.
AN ELIGIBLE MAY NORMALLY HAVE ELIGIBILITY ON A PROCESS-BASED
EMPLOYMENT LIST FOR A MAXIMUM OF ONE YEAR.
8e. Employment Eligible RECALL List
An employment list shall consist of the names of applicants who successfully
demonstrated that their qualifications were suitable for the class of employment
named in their applications. Such lists shall result from recruitment open to applicants
both outside and inside the City service. The names on an employment list shall be
listed according to the excellence demonstrated by the applicants, through the
qualification measurements used.
Employment lists may be placed on an open basis to allow continuous posting of
successful applicants.
Eligibility for Trainee classifications may be limited to present City employees, or those
enrolled in a City-sponsored pre-employment training program. A Trainee may have
their name placed on the eligible list of the class for which they are training, when it
has been demonstrated that they have successfully completed the prescribed training
program.
The name of an individual who has successfully completed the requirements of a City-
sponsored pre-employment training program may be placed on the eligible list for the
entry-level class for which the individual is trained, after passing the appropriate
examination.
A RECALL LIST CONSISTS OF THE NAMES OF LAID-OFF EMPLOYEES WHOSE
APPLICATIONS FOR POSITIONS ON SUCH LIST WERE APPROVED BY THE
HUMAN RESOURCES DIRECTOR. THE RANKING OF NAMES ON RECALL LISTS
SHALL BE IN THE ORDER PROVIDED BY LAYOFF RULES.
THE MAXIMUM TIME AN ELIGIBLE MAY REMAIN ON A RECALL LIST SHALL BE
THREE YEARS.
8f. Recall REINSTATEMENT List
A recall list shall consist of the names of laid-off employees whose applications for
positions on such list were approved by the Human Resources Director. The ranking
of names on recall lists shall be in the order provided by layoff rules.
A REINSTATEMENT LIST CONSISTS OF THE NAMES OF FORMER EMPLOYEES
WHO RESIGNED IN GOOD STANDING OR FOR ACTIVE EMPLOYEES WHO
VOLUNTARILY DEMOTED FROM A CLASS OF THE CITY SERVICE AND WHOSE
APPLICATIONS FOR POSITIONS ON SUCH A LIST WERE APPROVED BY THE
HUMAN RESOURCES DIRECTOR.
WHEN AN EMPLOYEE WHO HAS BEEN CERTIFIED TO A REINSTATEMENT LIST
CONTINUES TO WORK ON A PART-TIME OR TEMPORARY CAPACITY IN THE
SAME CLASSIFICATION, THE PERIOD OF ELIGIBILITY WILL CONTINUE UNTIL
SUCH TIME AS THE EMPLOYEE IS EITHER REEMPLOYED IN A REGULAR
POSITION OR HAS FAILED TO WORK IN A TEMPORARY OR PART-TIME
CAPACITY FOR A PERIOD OF SIX MONTHS. THE NAMES ON A
REINSTATEMENT LIST SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF
THESE RULES.
AN ELIGIBLE MAY NORMALLY HAVE ELIGIBILITY ON AN EMPLOYMENT LIST UP
TO A MAXIMUM OF TWO YEARS.
8g. Reinstatement List SWORN PROMOTIONAL LISTS
A reinstatement list is one consisting of the names of former employees who resigned
or for active employees who voluntarily demoted from a class of the City service and
whose applications for positions on such a list were approved by the Human
Resources Director. When an employee who has been certified to a reinstatement list
continues to work on a part-time or temporary capacity in the same classification, the
period of eligibility will continue until such time as the employee is either reemployed
in a regular position or has failed to work in a temporary or part-time capacity for a
period of six months. The names on such list shall be in accordance with the
provisions of these Rules.
SWORN PROMOTIONAL LISTS SHALL CONSIST OF THE NAMES OF
EMPLOYEES, OR INDIVIDUALS ON RECALL LISTS, WHO HAVE QUALIFIED BY
COMPETITIVE OR NON-COMPETITIVE PROMOTIONAL EXAMINATION. AN
ELIGIBLE SHALL NOT CONTINUE ON A SWORN PROMOTIONAL LIST IF THEY
SEPARATE FROM CITY EMPLOYMENT, BUT THEY MAY HAVE THEIR NAME
RETURNED TO THE PROMOTIONAL LIST IF THEY RETURN TO CITY
EMPLOYMENT AND THE TIME LIMIT OF ELIGIBILITY HAS NOT EXPIRED.
AN ELIGIBLE MAY NORMALLY HAVE ELIGIBILITY ON A SWORN PROMOTIONAL
LIST UP TO A MAXIMUM OF TWO YEARS. THIS TIME LIMIT MAY BE EXTENDED
WITH APPROVAL OF THE HUMAN RESOURCES DIRECTOR.
AN EMPLOYEE WHOSE NAME APPEARS ON AN EXISTING SWORN
PROMOTIONAL LIST WHEN ENTERING MILITARY SERVICE WITH THE ARMED
SERVICES OF THE UNITED STATES OF AMERICA DURING TIME OF WAR SHALL
CONTINUE TO HAVE ELIGIBILITY ON SUCH LIST UNTIL NINETY DAYS AFTER
BEING HONORABLY DISCHARGED OR RELEASED FROM MILITARY SERVICE.
8h. Transfer Lists
A transfer list shall consist of the names of employees who
8h1. Are unable for physical reasons, as certified by a licensed physician, to perform
the essential functions of their present assignment;
8h2. Voluntarily request the placement of their names on such a list;
8h3. Are placed on the list at the request of their department head.
Placement of an employee on a transfer list requires the approval of the Human
Resources Director.
RULE 9
CERTIFICATION AND APPOINTMENT
9a. Method of Filling Vacancies
All vacancies in any class of position in the classified service shall be filled by an
eligible from an appropriate eligible list or by a provisional appointment in the absence
of an eligible list by one of the following methods:
9a1. Demotion;
9a2. Certification and Appointment from recall list RECALL LIST;
9a3. Certification and Appointment from transfer list ADMINISTRATIVE LIST;
9a4. Certification and Appointment from promotional list SWORN PROMOTIONAL
LIST;
9a5. Certification and Appointment from open competitive eligible list ELIGIBLE
EMPLOYMENT LIST OR PROCESS-BASED EMPLOYMENT LIST;
9a6. Certification and Appointment from reinstatement list REINSTATEMENT LIST;
9a7. Provisional Appointment of non-eligibles.
9b. Method of Certification
9b1. Requisition: When a vacancy is to be filled, and when the appointing authority
requests, the Human Resources Director shall ANNOUNCE THE INTENT TO
FILL THE VACANCY AND make certification of eligibles on a form provided by
the Human Resources Department INFORMATION ABOUT THE VACANCY
AVAILABLE TO ELIGIBLE APPLICANTS. THE ANNOUNCEMENT SHALL
CONTAIN
DETAILS
RELATED
TO
THE
POSITION
INCLUDING
CLASSIFICATION, REQUIRED QUALIFICATIONS, PAY RATES, AND
LOCATION.
9b2. Certification: The Human Resources Director, except EXCEPT as otherwise
provided in this Rule, THE HUMAN RESOURCES DIRECTOR shall certify to the
appointing authority the names of persons on the appropriate employment list or
lists who have indicated a willingness to accept appointment to a position
vacancy. If the list of qualified persons is excessively long, the Human Resources
Director may certify names in workable numbers to the appointing authority in
the order of their placement on the eligible list.
Whenever the establishment of special qualifications for the particular position
has been requested by the appointing authority and approved by the Human
Resources Director, certification shall be limited to those eligibles on the
appropriate list possessing the special qualifications established.
In the case of promotional examinations in the Police and Fire Services, the
names of the five persons ranked highest on the appropriate list who have
indicated a willingness to accept appointment to a position vacancy shall be
certified. When more than one vacancy is to be filled, the number of names
submitted shall equal the number of vacancies plus four.
In the case of a recall list RECALL LIST, the highest name in accordance with
the layoff provisions of these Rules shall be certified to the appropriate authority
for a position vacancy.
9b3. Certification of Eligible to a Lower Class: An eligible may be certified to a position
in a lower class or an equivalent class. Acceptance AN ELIGIBLE’S
ACCEPTANCE of appointment to a position in such class shall not affect their
eligibility for certification to a position vacancy in the class in which they
established eligible rights through examination, provided eligibility exists when
the vacancy occurs.
9c. Notification of Eligibles to Report for Interview
When eligibles are certified to the appointing authority to fill a vacancy in the classified
service, said eligibles shall report for interview if requested. The notice shall contain
the title of the position to which eligibles have been certified, the pay range, the
location of the interview, and the time limit allowed to report for interview without
forfeiting eligibility rights.
9d. Waiver of Certification
The Human Resources Director may allow an eligible to waive certification to any
employment list. The eligible must make such request to the Human Resources
Director in writing, stating if the request is temporary or permanent, and the reason for
the waiver. An eligible whose request is temporary, and approved, shall not again be
called for selection of appointment until a request in writing is submitted and approved
for the removal of the temporary waiver. If reasons for requesting the removal of the
temporary waiver are unsatisfactory, the Human Resources Director may permanently
remove the name of the eligible from the employment list. Notice of such action shall
be sent to the eligible.
9e. Appointments
9e1. Selection and Appointment from Certified Eligibles: To fill a position vacancy, the
appointing authority shall select and appoint one of the certified eligibles except
as otherwise provided in this Rule.
When two or more applicants have equal qualifications in the judgment of the
appointing authority, preference in selection shall be given to a Phoenix resident
over a non- resident.
The appointing authority shall appoint the one certified eligible from the recall list
RECALL LIST to fill a position vacancy. Rejection of the one eligible certified from
the recall list RECALL LIST shall not be allowed other than as provided by Rule
7, except for such acts of conduct occurring between the date of layoff and date
of recall which THAT would be cause for dismissal of an employee.
9e2. Temporary Appointments: The duration of temporary appointments will be no
longer than twelve months without approval of the Human Resources Director.
Temporary appointments may or may not be made from an appropriate eligible
list. A refusal by an eligible to accept his THE appointment to a position of limited
duration shall not affect his THEIR eligibility to a regular appointment.
9e3. Provisional Appointments: Whenever the Human Resources Director determines
that an appropriate employment list is insufficient for the needs of the City, the
Human Resources Director may refer a non-eligible to a vacancy for provisional
appointment upon the request of the appointing authority, pending creation of a
new employment list. Such provisional appointments for all classes of positions
shall continue only for such period as may be necessary to establish an
employment list and make certification of CERTIFY eligibles. Such provisional
appointment shall not exceed 60 full working days. Time served in a provisional
status shall earn credits toward completion of probationary requirements.
9e4. “Interim” appointment: Whenever the Human Resources Director determines the
need to appoint a classified employee to an unclassified position that is limited in
time and is for the purpose of accommodating the absence of an employee on
extended leave or for the purpose of accomplishing a special limited-time project.
The classified employee receiving an interim appointment shall retain their
classified service status.
RULE 10
PROBATION
10a. Period of Probation
Every employee shall work satisfactorily for a period of probation equal to full-time
in each class for which they have qualified by examination, certification, and
appointment in order to satisfy the requirements for regular employment in that class.
A temporary appointment cannot satisfy regular employment status. Only an
employee with a regular or an interim appointment can be granted appeal status
after probationary requirements have been satisfied. The period of probation shall
consist of twelve continuous months of full-time service in the class except as herein
provided.
Time taken on paid vacation, sick leave, military leave, administrative leave, light
duty status, or while drawing compensation awarded by the Arizona Industrial
Commission, not in excess of thirty calendar days, shall be allowed the probationer
as creditable time served. If the period exceeds thirty calendar days, the entire period
of absence from normal duties shall be added to the probationary period.
An employee who demotes from a higher class to a lower class after completing
probation shall be required to serve a new probationary period in the higher class if
subsequently promoted to that class.
See Rule 20 for a voluntary demotion while serving a promotional probationary
period.
A new probationary period shall be served following any break in service.
10b. Entitlement to Civil Service Board Hearing
A dismissed, suspended, or demoted probationary employee shall not be entitled to
a Civil Service Board hearing, except as provided below.
A promoted probationer who has been dismissed or suspended shall be entitled to
a hearing for their dismissal or suspension if they have completed a probationary
period in another class and has had continuous City employment since that time.
The appeal of a dismissed, promoted probationer shall be for reinstatement to the
lower class from which they were promoted.
An employee who has not completed probation in any class shall be entitled to a
hearing if they completed twelve months of continuous full-time regular service in no
more than two classifications and has not been demoted. This hearing entitlement
only applies to dismissals and suspensions. The appeal of a dismissal shall be for
reinstatement to the class from which they were promoted. If reinstated, the
employee must serve a new probationary period in the original classification.
The establishment of Civil Service Board hearing rights is not intended to shorten
the probationary period the employee must serve in the new classification.
Time spent in a trainee/apprenticeship or intern classification shall not be counted
toward completion of probation or establishment of hearing rights as specified in this
Rule. Nothing in this Rule is intended to change the twelve-month probationary
period for the Police and Fire Departments.
An employee promoted from a trainee, apprenticeship, or intern classification shall
not be entitled to a hearing to return to the trainee, apprenticeship, or intern
classification.
A classified employee who has been given an interim appointment and who has
completed the probationary requirements specified in these rules shall be entitled to
a hearing. This hearing entitlement only applies to dismissals and suspensions. The
appeal of a dismissal shall be for reinstatement to the classification held by the
employee in the classified service prior to the interim appointment. Removal from an
interim appointment shall not be deemed a demotion and shall not entitle the
employee to a hearing. An employee removed from an interim appointment shall be
returned to the classification held by the employee immediately prior to the interim
appointment.
10c. Confirmation of Probationer to Regular Status
A performance rating report of satisfactory, made by the rating authority to the
Human Resources Director, shall confirm the probationer to regular civil service
status on completion of the probationary period in a regular position. THE PROCESS
FOR EXECUTIVES AND MIDDLE MANAGERS MUST CONFORM TO THE CITY
MANAGER’S MANAGEMENT REVIEW AND GOAL-SETTING PROCESS.
RULE 11
PERFORMANCE RATING
11a. Performance Rating System
11a1. Who is Rated: Performance ratings shall be made for all full- time employees in
the service of the City and each employee rated shall be given a copy of the rating.
11a2. Purpose: The purpose of the performance rating system is to properly evaluate the
performance of employees of the City in the accomplishment of their assigned
duties and responsibilities. In evaluating an employee's performance, it is
necessary to take into consideration only factors which have a direct relationship
to the accomplishment of work assignments. These factors used in rating
performances should be as objective as possible. The performance rating system
shall be used as a tool of management to improve the performance level of all
employees, particularly of those who measure below satisfactory.
11a3. Administration: The administering of the performance rating system required by
this Rule shall be the responsibility of the Human Resources Director. A detailed
manual of instruction shall be prepared by the Human Resources Director.
11b. Performance Rating System Procedures
11b1. Report Forms: All performance ratings of employees shall be made upon report
forms adopted by the Human Resources Director. The forms shall be filled out by
rating authorities, as defined herein, in accordance with these Rules and the
performance manual.
11b2. Rating Authority: The rating authority shall be that person or committee of persons
who directly supervises the work of the employee rated. The rating authority shall
be determined by the department head.
11b3. Reviewing Authority: The reviewing authority shall be the department head, but the
function of reviewing may be delegated to any division head or other supervisor by
direction. When a department head is the rating authority and when an employee
in that case disagrees with the rating received, the next higher authority shall
review such rating. In no case shall the reviewing and rating authorities be one and
the same person.
11b4. Rating Periods: Each department head shall ensure that an annual performance
rating is prepared for all regular employees under the department's jurisdiction.
11b5. Probationary Employee Performance Rating: A performance rating is required for
all probationary employees at three months, six months, and final from the date
the probationary employee starts work in that class as a probationary employee.
Management has the ability to use unscheduled reviews as appropriate.
Probationary employee ratings shall be completed pursuant to the provisions of
this Rule and in addition, any overall rating of less than "meets job requirements"
must be specifically explained in writing. All probationary employee overall ratings
of less than "meets job requirements" shall be reviewed and approved by the
department head. The department head may delegate this duty to another
administrator, but in no event shall that administrator be at a level below division
head. The person reviewing and approving the overall rating of less than "meets
job requirements" cannot be the same person who issued that rating. THE
PROCESS FOR EXECUTIVES AND MIDDLE MANAGERS MUST CONFORM
TO THE CITY MANAGER’S MANAGEMENT REVIEW AND GOAL-SETTING
PROCESS.
11b6. Factors for Rating Performance: The factors to be considered in the performance
rating system shall be the factors and requirements included in the job of the
employee being rated. Detailed information on job factors and requirements are
given in the performance management guidelines.
11b7. Rating: The rating shall be based on the rating authority's assessment of work
performance, taking into consideration the factors which are related to the ratee's
class of work.
11b8. Appeal: An employee may appeal any unsatisfactory rating through the chain of
command. The decision of the department head, or designee, shall be final on
such appeals. When a department head is the rating authority, the next higher
authority shall hear the appeal and make the final decision.
RULE 15
LEAVES OF ABSENCE
Nothing in this Rule shall be interpreted or applied in a manner that conflicts with federal,
state, or local leave laws or regulations. If any part or provision of this Rule is in conflict or
inconsistent with such applicable provisions of federal, state, or local leave laws or
regulations, or is otherwise held to be invalid or unenforceable by any court of competent
jurisdiction, such part or provisions shall be suspended and superseded by such
applicable law or regulations, and the remainder of the Rule shall remain in effect.
15a. Requesting Leaves of Absence
15a1. All requests for leaves of absence with or without pay shall be made to the
department head concerned for approval on forms approved by the Human
Resources Director. All requests shall be submitted in advance of the beginning
date of the leave (except requests for unanticipated sick leave which shall be
submitted for approval at the earliest possible time) and the duration and kind
of leaves shall be recorded on the payroll. Paid leaves of absence are subject
to available leave credits and the scheduling of vacations is subject to the
control of the department head. All requests for leaves of absence (excluding
industrial leaves) without pay of more than thirty working days shall be subject
to the control of the department heads concerned and shall require the approval
of the appointing authority and the Human Resources Director.
The Human Resources Director shall administer the leave program.
15a2. Job Sharing Program: An employee in a job sharing position shall receive a pro-
rata share of full-time leave credits in a manner determined by the Human
Resources Director.
15a3. All leaves of absence for personal illness of the employee; for the birth,
adoption, or foster placement of a child; or for the care of a AN EMPLOYEE’S
spouse, child, or parent of the employee when those family members have
WITH a serious health condition shall be integrated with the leave requirements
of the Family and Medical Leave Act of 1993.
15a4. All leaves of absence qualifying for the use of Earned Paid Sick Time under
Arizona law shall be integrated with the leave requirements of Arizona Revised
Statutes (A.R.S.) Title 23, Article 8.1.
15a5 Salaried (exempt) employees shall not receive deductions from their
compensation for absences from work of less than one full work day, except as
permitted under the Fair Labor Standards Act, the Family Medical Leave Act,
or the Americans with Disabilities Act. If a salaried employee is absent for less
than one-half of a work day, leave balances will not be reduced except as
permitted under the Fair Labor Standards Act, the Family Medical Leave Act,
or the Americans with Disabilities Act. If the employee is absent for one-half of
a work day or more, a full day of leave will be deducted.
15b. Vacation Leave With Pay
15b1. Eligibility and Vacation Allowances: Every full-time hourly employee who works
a schedule at full-time 52 weeks of the year shall be credited with vacation
credits for every completed calendar month of paid service according to the
following schedule:
8 hours per month
Through 5 years of service
10 hours per month
beginning 6th through 10th year of service
11 hours per month
beginning 11th through 15th year of service
13 hours per month
beginning 16th through 20th year of service
15 hours per month
beginning 21st year of service & thereafter
Salaried employees shall receive the following annual vacation accruals,
prorated monthly based on an eight-hour day:
12 days
Through 5 years of service
15 days
6th through 10th year of service
16.5 days
11th through 15th year of service
19.5 days
16th through 20th year of service
22.5 days
21st year of service and thereafter
An employee in the City of Phoenix Employees’ Retirement Plan who is
receiving pension benefits as a result of retirement from the City under the
Arizona Public Safety Personnel Retirement System shall be considered as a
new employee in determining vacation credits.
Any absence without pay in excess of ten working days in any two consecutive
pay periods shall not be allowed as creditable service for vacation benefits AN
EMPLOYEE IN A FULL-TIME PAYROLL ACTIVE STATUS MAY BE ELIGIBLE
FOR VACATION LEAVE ACCRUALS IN THE PAY PERIOD IN WHICH
ACCRUALS ARE EFFECTIVE.
Leaves of absence compensated under the City of Phoenix Industrial Leave
Program in excess of one year (2,080 hours, or 2,912 hours for 56-hour Fire
employees) per injury or illness shall not be considered as paid service. While
return to working status shall reinstate leave accrual, additional industrial leave
for the same injury or illness shall not be considered paid service. Full-time
regular employees who have been absent from work in an inactive status for
more than two years shall have their rate of vacation accrual adjusted to reflect
the duration of the absence.
15b2. Accrual of Vacation Credits: Vacation credits shall not be allowed to
accumulate in excess of an amount equal to two times the employee's current
annual rate at the end of any calendar year, except on the recommendation of
the employee's department head and approval of the appointing authority or as
established in the applicable Memorandum of Understanding/Agreement.
Approved excess vacation carryover shall be subject to the provisions and
limitations imposed by the City Manager or applicable Memorandum of
Understanding/Agreement. The City Manager may establish limits beyond
which the employee shall not accumulate further leave credits and for which
the employee shall not be compensated.
The written authority to carry over vacation credits in excess of an amount
equal to two times the employee's current annual accrual rate shall be placed
on file in the Human Resources Department. Any unauthorized carryover of
vacation credit in excess of an amount equal to two times the employee's
current annual accrual rate or established amount in the applicable
Memorandum of Understanding/Agreement becomes void at the end of the
calendar year into which such excess credits are extended. Fire Department
employees on a 56-hour schedule shall be allowed a carryover proportional to
the amount allowed FOR general service employees.
15b3. Vacation Rate of Pay and Assessment: The department head is responsible
for the scheduling of vacations for employees regularly each year. Vacation is
charged against the employee's credits in the amount equal to the number of
regularly-scheduled working hours that the employee is on vacation leave. The
full-time employee shall receive the same amount in vacation pay that they
would receive if the employee worked their normal daily work schedule.
Vacation leave in an amount of less than a day for a full-time hourly employee
shall be charged to the nearest fifteen minutes involved in the leave.
Vacation leave for salaried employees shall be charged as stipulated in Rule
15a5.
For operational needs, an employee may be allowed or required by the
department head to forego part or all of their annual vacation. No employee
shall be required to forego the use of vacation credits without the department
head approving the carryover of credits in excess of an amount equal to two times
the employee's current annual accrual rate.
15b4. Termination Pay of Vacation Credits: Every employee who has vacation credits
that do not exceed the limitations established by the City Manager or applicable
Memorandum of Understanding/Agreement shall have such credits paid at the
time of leaving the City's SEPARATION FROM CITY employment, whether by
resignation, retirement, layoff, dismissal, or death. No such payment shall be
made unless the employee has completed six months of employment and no
payment shall be made for hours in excess of limitations established by the City
Manager.
15c. Sick Leave With Pay
15c1. Entitlement and Allowance:
A. Every full-time hourly employee who works a schedule at full-time, 52 weeks
of the year, shall accrue sick leave credits at the rate of 10 hours for each
month of paid service. Salaried employees shall accrue sick leave credits
at the rate of a day and one-quarter for each month of paid service. A
portion of these accruals, not to exceed 40 hours per year, will be
designated for use as Earned Paid Sick Time in accordance with state law
(A.R.S. Title 23, Article 8.1). See Rule 15d.
B. Sick leave is designated in two different ways: Earned Paid Sick Time and
Sick Leave with Pay. Earned Paid Sick Time shall be used in accordance
with state law (A.R.S. Title 23, Article 8.1). See Rule 15d and Administrative
Regulations 2.30(A) and 2.30(B). Sick Leave with Pay shall be used
pursuant to City policy. See Rules 15c2-15c6 and Administrative
Regulations 2.30(A) and 2.30(B). When requesting sick time, employees
shall choose which type of sick leave they want to use as specified by
Administrative Regulation.
C. Leaves of absence compensated under the City of Phoenix Industrial Leave
Program in excess of one year (2,080 hours, or 2,912 hours for 56- hour
Fire employees) per injury shall not be considered as paid service. Sick
leave credits shall accrue without limitation. Any absence without pay of
more than ten working days in any two consecutive pay periods shall not be
allowed as creditable sick leave time AN EMPLOYEE IN A FULL-TIME
ACTIVE STATUS MAY BE ELIGIBLE FOR SICK LEAVE ACCRUALS IN
THE PAY PERIOD IN WHICH ACCRUALS ARE EFFECTIVE. Upon
reemployment within five years, 20% of sick leave credits at the time of
termination shall be reinstated to the employee and be available for use
after one month of reemployment. However, employees rehired from a
layoff eligibility list shall have full sick leave credits and use of sick leave
accumulated during previous employment. An employee who is receiving
pension benefits as a result of retirement from the City under the Public
Safety Retirement System and who received cash payment for
accumulated sick leave at time of retirement shall not be entitled to the 20%
return of sick leave credits.
15c2. Qualifications for Sick Leave
Sick leave shall only be allowed when:
A. Personal Incapacity, Preventative Care, or Treatment. The employee is too
ill or injured to be able to work safely.
Employees may also be allowed to use sick leave for examinations by a
licensed physician HEALTH CARE PROVIDER or dentist, or medical
treatments prescribed by a licensed physician HEALTH CARE PROVIDER
or dentist, when it is not possible to arrange appointments on off-duty hours.
Employees may be allowed sick leave to provide the supplemental pay
differential between industrial pay and regular net take-home pay under the
provisions of Rule 15g1, after the one-year supplemental pay has been
exhausted.
B. Care for Family Member. The employee needs to assist with care of a family
member who is ill, injured, or requires treatment.
“Family Member” means:
1. Regardless of age, a biological, adopted or foster child, stepchild or legal
ward, a child of a domestic partner, a child to whom the employee stands
in loco parentis, or an individual to whom the employee stood in loco
parentis when the individual was a minor; or
2. A biological, foster, stepparent or adoptive parent or legal guardian of
an employee or an employee’s spouse or domestic partner or a person
who stood in loco parentis when the employee or employee’s spouse or
domestic partner was a minor child; or
3. A person to whom the employee is legally married under the laws of any
state, or a domestic partner of an employee as registered under the laws
of any state or political subdivision; or
4. A grandparent, grandchild or sibling (whether of a biological, foster,
adoptive or step relationship) of the employee.
C. A police officer who has no other accumulated paid leave may use up to ten
hours of accumulated sick leave per year for non-emergency home care or
medical treatment of a member of the employee's immediate family, subject
to operational and scheduling factors.
D. Parental Leave. The employee qualifies for leave for the birth, adoption or
placement of a child under the Family and Medical Leave Act (FMLA). The
employee may use vacation or sick leave for any qualified FMLA
absence if the employee’s paid parental leave benefit is exhausted.
Refer to the paid parental leave provisions under rule 15J (effective
October 1, 2022).
E. Family and Medical Leave Act (FMLA). the THE employee may use
vacation or sick leave for any qualified FMLA absence.
F. Other Appropriate Circumstances.
The City Manager or designee
determines that other reasons of a similar nature exist to warrant the use of
sick leave. The use of sick leave in these circumstances shall be issued by
Administrative Regulation.
15c3. Rate of Sick Leave Pay and Assessment: A full-time hourly employee while on
sick leave shall be charged sick leave credits in the amount equal to the number
of working hours the employee is absent. The rate of pay while on sick leave
shall be the rate at which the employee is being paid when taking leave. Sick
leave for salaried employees shall be charged as stipulated in Rule 15a5. In no
event shall THE FULL-TIME EMPLOYEE BE ALLOWED more than the
regularly-scheduled daily work hours be allowed the full-time employee for
each of the scheduled work days on which the employee is absent. Sick leave
of less than a full day shall be charged to the full-time employee's sick leave
credits to the nearest fifteen minutes involved in the leave. If AN EMPLOYEE
TAKES sick leave occurs on an authorized holiday, and the employee was
scheduled to work on that holiday, sick leave shall not be charged and the
employee shall receive the appropriate holiday compensation as provided in
City Administrative Regulations.
15c4. Leave Authorization: Except for Earned Paid Sick Time in 15d, requests for sick
leave shall include the reason for the leave and shall be submitted for approval
to the supervisor who is authorized by the department head to approve sick
leave. The department head may require a certificate of incapacity from the
employee's medical provider for an absence of over three days. Such
certification may be required for absences of less than three days when the
employee's sick leave record indicates excessive one- or two-day absences.
An BEFORE AN employee, before returning RETURNS to duty from an illness
of more than twelve working days, THE EMPLOYEE may be required to submit
a statement from their medical provider qualifying them for their class of work.
15c5. Fit for Duty Examinations: Whenever, in the opinion of the department head,
the work record or the attendance record, or both, of an employee indicates
concerns regarding the employees fitness for duty due to a health condition,
the department head must consult with Human Resources for approval and
referral to have the employee examined by the City’s contracted medical
provider.
Supervisors in consultation with Human Resources shall immediately inform the
department head of any undue lowering of the quality of work of any employee
or any undue absences which may be a result of the employee's physical
condition.
The medical findings of each examination shall be transmitted to the employee
and their physician when, in the opinion of the City’s contracted medical
provider, corrective treatment steps should be taken. The medical findings of
the City’s contracted medical provider shall be made available to the
employee's family physician upon request of the employee or their physician.
When the medical findings disclose a disability that limits the employee's ability
to perform the essential functions of the job, the department shall investigate
the reasonable accommodations that may be made to assist the employee.
When, in the opinion of the City’s contracted medical provider, a leave of
absence is necessary for treatment, the employee shall be entitled to such sick
leave credits as stand to their account. In the event an employee is found to
need a leave of absence to recover from their health condition and would be
required to take sick leave with or without pay, the employee shall have the
right to obtain a second opinion with a provider of their choosing. If the second
opinion differs from the original findings, the City will schedule a third and final
examination with another medical provider. The majority opinion of the three in
writing shall be binding upon the employee to take or not to take a leave of
absence with or without pay. The cost of the consulting physician shall be in
accordance with the provisions of the preceding section as to this cost
responsibility.
15d. Earned Paid Sick Time
15d1. Entitlement: Employees shall accrue a minimum of one hour of earned paid sick
time for every 30 hours worked, but employees shall not be entitled to accrue
or use more than 40 hours of Earned Paid Sick Time per year.
15d2. Earned Paid Sick Time is different than Sick Leave with Pay. Employees shall
be permitted to use Earned Paid Sick Time in accordance with state law (A.R.S.
title 23, Article 8.1) and as specified by Administrative Regulation. Employees
who choose to use Earned Paid Sick Time should refer to Administrative
Regulations 2.30(A) and 2.30(B).
15e. Military Leave
15e1. National Guard: Leave for National Guard shall, at a minimum, comply with
State law (A.R.S. Section 26-168) and be issued by Administrative Regulation.
15e2. Military Reserve: Leave for Armed Services Reserve shall, at a minimum,
comply with State law (A.R.S. Section 38-610) and be issued by Administrative
Regulation.
15e3. United States Armed Services in Wartime: All employees shall be entitled to an
indefinite leave of absence without pay while serving on active duty in the
military branch of the United States Government during time of war. This leave
allowance also shall cover absences resulting from compulsory military training
orders in peacetime. The position from which an employee is on military leave,
if filled, shall be subject to the return of the employee from military leave.
The employee returning from military leave shall be reinstated to their position
upon their request and presentation of their military termination papers to the
Human Resources Director if they are physically fit to perform the duties of their
former position. If the former position is no longer in existence, the employee
shall be entitled to such employment or reinstatement rights as their seniority
and performance rating entitle them. They shall be allowed ninety days to report
to the department head for duty after the date of discharge or proper release
from the Armed Services.
Employees on military leave of absence will be awarded a merit increase upon
their return in accordance with USERRA.
15f. Special Leave Without Pay
An employee holding a position in the City service may, upon written request, be
granted special leave of absence without pay for any of the following reasons:
15f1. To enable an employee to engage in a course of study such as will increase
their usefulness to the City service;
15f2. To enable an employee to take a position in the unclassified service of the City;
15f3. To enable an employee who is physically or mentally incapacitated to recover
their health;
15f4. To enable employees to attend to their own maternity medical needs, after paid
leave has been exhausted;
15f5. To enable an employee to take up to twelve weeks upon the birth or adoption
of a child or to care for a seriously ill member of the immediate family, as
required by the Family and Medical Leave act ACT;
15f6. Other equally good reasons considered valid by the City Manager.
All requests for leave of absence without pay not in excess of thirty working
days shall require only the approval of the department head concerned. All
other requests for leave of absence (excluding industrial leaves) without pay
FOR more than thirty working days shall be subject to the control of the
department head concerned and shall require the approval of the City Manager
and the Human Resources Director. All leaves requested or granted under the
requirements of the Family and Medical Leave Act of 1993 shall comply with
the guidelines of that Act.
Original requests for special leave of absence without pay shall be for a period
not to exceed one year in duration, except for a classified employee who takes
leave to accept appointment to a position in the unclassified service. A leave to
hold a position in the unclassified service shall terminate when the classified
employee either resigns or is returned to a classified position. Any request for
extension of leave, except as otherwise provided herein, shall be subject to all
the requirements of the original request. The requesting employee shall state
the reasons why the request should be granted, the date when the desired
leave begins, and the probable date of return. Upon the termination of said
leave of absence, such employee shall be returned to the position in the
department from which they obtained leave of absence, if same is in existence,
and the employee has prior rights over one or more persons in the class;
otherwise they shall be transferred to another position or be laid off in
accordance with the rules on transfer, seniority, and performance rating.
If during leave from a position in the classified service, an employee holds a
position in the unclassified service and is dismissed therefrom, such dismissal
shall not abrogate rights to a hearing with respect to their position in the
classified service.
If, in the opinion of the appointing authority, an employee is incapacitated and
unable to work on account of illness, such employee may be required to submit
to a physician designated or approved by the City for examination, but the
employee shall have the right to be represented at such examination by a
physician of their own choice at their own expense. If the report of the physician
shows the employee to be in an unfit condition to perform the assigned duties,
the appointing authority shall have the right to compel such employee to take
sufficient leave of absence to provide the employee an ability to become fit for
duty, assign the employee to light duty, or separate the employee from City
service.
15g. Industrial Leave
15g1. Entitlement: A certified regular full-time employee who works a schedule at full
time fifty-two weeks of the year who is disabled and absent from work as a
result of an industrial injury or occupational disease shall be kept on the City
payroll and be paid an amount equal to but not to exceed the employee’s
regular net take home at the current rate of pay for up to one year total per
injury.
A Police Reserve Officer who is also a certified regular full-time City of Phoenix
employee shall be paid at the same rate as if the employee had been injured
while performing their regular duties as a full-time employee, except that if the
beginning Police Officer salary is higher than the employee's regular rate of
pay, the beginning Police Officer pay shall be used for determining net take-
home pay for up to one year total per injury.
An employee must meet each of the following conditions to qualify for the rate
of pay specified in this section:
A. Be under the jurisdiction of the Industrial Commission of Arizona and be
receiving workers WORKERS’ compensation for time lost due to an
industrial injury received while employed by the City of Phoenix.
B. Meet the specific requirements of the state of Arizona workers WORKERS’
compensation law LAWS.
C. Meet the requirements contained in negotiated Memorandum of
Understanding (MOU).
If a decision on compensability of a claim is pending with the Third-Party
Administrator CITY’S THIRD-PARTY ADMINISTRATOR or Industrial
Commission, and it is determined by the Human Resources Director
DETERMINES that the injury or disease falls within the definition of an
industrial injury or occupational disease, the rate of pay specified above
shall be granted.
An individual who separates from City employment or from Reserve Officer
status shall only be entitled to the compensation required under Arizona
workers WORKERS’ compensation law LAWS.
15g2. Definitions:
A. "Industrial Leave" is defined as absence from work as the result of:
1. An injury by accident arising out of and in the course of City employment
as
defined
by
the
Workers
Compensation
Laws
WORKERS’
COMPENSATION LAWS of the State of Arizona.
2. Those occupational diseases arising out of and in the course of City
employment
as
defined
by
the
Occupational
Disease
Laws
OCCUPATIONAL DISEASE LAWS of the State of Arizona.
B. "Net Take-Home Pay" is defined as the biweekly base rate of pay for a full-time
employee, less deductions for federal and state income tax, social security tax,
and pension plan contributions. It does not include earnings for bonus pay,
overtime differential, stand-by pay, or any other pay that is normally not a
constant condition of work for the class. In no event shall "net take-home pay"
be less than the amount the employee or Police Reserve Officer is entitled to
RECEIVE under the State Workers Compensation Laws WORKERS’
COMPENSATION LAWS.
15g3. Conditions: The employee must meet the following conditions to qualify for
industrial leave:
A. An employee or Police Reserve Officer who refuses to make an election of A
remedy pursuant to Arizona Revised Statute SECTION 23-1023 in THE event
of injury or who rejects the conditions of Workers Compensation Laws
WORKERS’ COMPENSATION LAWS of the State of Arizona prior to an
industrial injury or illness shall not be entitled to Industrial Leave.
B. If the employee or Police Reserve Officer elects to sue a third party defendant
involved in the accident, and proceeds against such other person, the City of
Phoenix shall have a lien on the amount actually collectible from such other
person to the extent of the monies paid by the City of Phoenix.
The amount actually collectible shall be total recovery less the reasonable
necessary expenses including attorney ATTORNEYS’ fees actually expended in
securing such recovery.
15h. Bereavement Leave:
A full-time employee may be allowed paid leave time for the purpose of attending to
family needs that arise in connection with the death of a member of the employee's
immediate family.
"Member of the employee's immediate family" means the mother, father, or
stepparent of the employee; spouse, child, stepchild, brother, sister, step- brother,
or step-sister of the employee; grandparent or grandchild of the employee; the
mother and father of the employee’s spouse; domestic partner of the employee;
children or parent of the domestic partner; and person residing in the employee’s
household as a member of the family. A relative who, because of family
circumstances, has been a parent substitute to the employee, may be considered
as a substitute for mother or father in this definition.
The duration of the paid bereavement leave shall not exceed three working days.
Additional air travel time shall be allowed when the burial occurs out of state and the
employee travels to that location.
15i. Work Assignments for Short-Term, Unscheduled Emergency Situations:
In the event of a short-term, unscheduled emergency, including closure of a City
facility, the City Manager, or designee, may assign full-time employees to a home
assignment or an alternate work location. The home assignment will not replace
approved leave that may fall within the same period.
15j. Paid Parental Leave
15j1. Eligibility and Entitlement:
Effective October 1, 2022, an employee may be allowed up to 480 hours
of city CITY-paid leave upon the birth, adoption, or foster care placement
of a child. To be eligible for paid parental leave, an employee must meet
the family and medical leave act (FMLA) eligibility requirements. An
employee must have been employed by the City for at least 12 months
and have performed at least 1,250 hours of work during the 12-month
period immediately preceding the commencement of the leave. Paid
parental leave will run concurrently with an employee’s FMLA entitlement.
Employees who have exhausted their FMLA entitlement for reasons other
than the birth, adoption, or foster care placement of a child may be
allowed up to 480 hours of paid parental leave. Paid parental leave does
not extend FMLA leave protections and entitlement hours. When both
parents are City employees, each employee may be allowed up to 480
hours of paid parental leave. A maximum of 480 hours of paid parental
leave is available only once during a consecutive 12-month period. The
12-month period begins upon the date of the birth, adoption, or foster
care placement of a child.
15j2. Usage:
Eligible employees may use up to 480 hours of paid parental leave during
the 12-month period beginning on the date of the birth, adoption, or foster
care placement of a child. Paid parental leave must be scheduled in
advance and be taken continuously or in increments of at least one full
day at a time. Paid parental leave will be substituted for other leave types
for up to 480 hours during the 12-month period beginning on the date of
the birth, adoption, or foster care placement of a child.
RULE 21
DISCIPLINE
21a. Notice of Discipline:
The appointing authority shall sign an order in writing which shall constitute the
notice of discipline, and shall also state in the notice the specific charges which shall
be set forth clearly and with such particularity as will enable the employee to
understand the charges and to answer them. Such order shall be personally served
on the employee forthwith or mailed by certified mail to the employee’s most recent
reported address. Return receipt from addressee shall be retained by the serving
department head and a copy of the notice shall be filed with the Civil Service Board.
An employee with WHO HAS COMPLETED probationary requirements completed
may have the hearing benefits provided in Rule 22.
21b. Reasons for Discipline:
The tenure of every employee in the classified service shall be during acceptable
conduct and satisfactory performance of duties. Failure to meet such standards of
conduct and work performance for any of the following listed reasons, such list not
to be considered all-inclusive, shall be considered sufficient by the Board to uphold
the action of the appointing authority in disciplining an employee.
21b1. That the THE employee is WAS incompetent or inefficient in the performance
of their AN ASSIGNED DUTY OR duties.
21b2. That the THE employee has been WAS abusive or threatening in attitude,
language, or conduct towards fellow employees, CITY customers of the City, or
the public.
21b3. That the THE employee has violated any lawful or official regulation or order,
or failed to obey any A SUPERVISOR’S lawful and reasonable direction given
by the supervisor, when such violation or failure to obey amounts to
insubordination or serious breach of discipline which may reasonably be
expected to result in lower morale in the organization, or to result in loss,
inconvenience, or injury to the City or the public.
21b4. That the THE employee has solicited or taken TOOK for personal use a fee, gift
or favor in the course of the assigned work or in connection with it, which would
lead toward THE EMPLOYEE’S ASSIGNED WORK, REFLECTING favoritism
or, the appearance of favoritism, or a conflict or OF interest.
21b5. That the THE employee is in possession of POSSESSED a deadly weapon (as
defined in ARS A.R.S. SECTION 13-3101), excepting a pocket knife (as
provided in ARS A.R.S. SECTION 13- 3102) at a City worksite1, unless such
employee is a police officer.
1 (A worksite includes not only City buildings and property, but also City
vehicles and private vehicles while being used on City business, and
other assigned work locations.)
21b6. That the THE employee is in possession of POSSESSED an alcoholic
beverage, MARIJUANA, or an illegal drug while on duty at a worksite.1 An
exception is allowed for an alcoholic beverage in a sealed container that is a
gift to be given or has been received at the worksite.
1 (A worksite includes not only City buildings and property, but also City
vehicles and private vehicles while being used on City business, and
other assigned work locations.)
21b7. That the THE employee, through negligence or willful conduct, has caused
damage to public property or waste of public supplies or work time.
21b8. That the THE employee has been VIOLATED THE CITY’S ATTENDANCE
POLICY, WAS absent without leave, contrary to these Rules, or has
AUTHORIZED BY THESE RULES, failed to report TO WORK after ANY
APPROVED leave of absence has expired, or FAILED TO REPORT TO WORK
after such ANY leave of absence has been WAS disapproved or revoked and
cancelled by the appointing authority.
21b9. That the THE employee has participated in prohibited political activities as
outlined in applicable City of Phoenix Administrative Regulations.
21b10. That the THE employee has participated in a strike against the City of Phoenix
as that term is defined in SECTION 2-220(17), Code of the City of Phoenix.
("Strike" means the failure by concerted action with others to report for duty,
the concerted absence of employees from their positions, the concerted
stoppage of work, mass picketing, or the concerted abstinence in whole or in
part by any group of employees from the full, faithful, and proper performance
of the duties of employment with a public employer, or the concerted
engagement in a work action for the purpose of inducing, influencing, or
coercing a change in wages, hours, or working conditions, or terms of
employment.)
21b11. That the THE employee has some A permanent or chronic physical or medical
ailment CONDITION or illness which incapacitates PREVENTS them for the
performance of FROM PERFORMING the essential functions of the position
AND after accommodations and/OR placement efforts stipulated in City
Administrative Regulations have been pursued EXHAUSTED.
21b12. That the THE employee has intentionally falsified records or documents made,
kept, or maintained for or on behalf of the City of Phoenix.
21b13. That the THE employee has stolen STOLE or is in unauthorized possession of
City property or the property of another employee or citizen.
21b14. That the THE employee is WAS under the influence of alcohol, MARIJUANA,
or illegal drugs on the job.
21b15. That after investigation, the THE employee has violated City of Phoenix anti-
harassment or anti, NON-discrimination, OR NON-RETALIATION policies.
21b16. That the THE employee has failed to cooperate in an administrative
investigation by refusing to attend scheduled meetings, refusing to answer
questions to the best of their knowledge, or willful obstruction WILLFULLY
OBSTRUCTING of the investigation.
21b17. That the THE employee has retaliated against another employee for exercising
their rights to participate in or appear as a witness at a Civil Service Board
hearing OR MEETING.
21b18. That the THE employee has violated the City’s Ethics Policy, including failure
to provide complete, accurate, and truthful information.
21b19. That after investigation, it IT is reasonable to conclude the employee’s actions
brought discredit or embarrassment to the City.
21b20. That the THE employee’s actions meet the elements of a felony.
21b21. That the THE employee has been guilty of COMMITTED any other conduct
MISCONDUCT of equal gravity to the reasons enumerated in 21b1 through
21b20.