RESOLUTION 16-013 RE HAMC MERIT SYSTEM RESOLUTION AND RULES_2016.PDF

EMPLOYEE MERIT SYSTEM RESOLUTION
AND MERIT RULES
HOUSING AUTHORITY OF MARICOPA COUNTY
ISSUE DATE: DECEMBER 19, 2006
REVISION DATE: JUNE 22, 2016

Table of Contents
EMPLOYEE MERIT SYSTEM RESOLUTION 16-013 .......................................................................................... 3
SECTION 1. AUTHORIZATION ................................................................................................................... 3
SECTION 2. ADMINISTRATION ................................................................................................................. 3
SECTION 3. MERIT PRINCIPLES TO BE OBSERVED .................................................................................... 3
SECTION 4. HOUSING AUTHORITY OF MARICOPA COUNTY SERVICE ...................................................... 3
SECTION 5. CLASSIFIED SERVICE .............................................................................................................. 3
SECTION 6. UNCLASSIFIED SERVICE ......................................................................................................... 3
SECTION 7. HUMAN RESOURCES ............................................................................................................. 3
SECTION 8. POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR........................................................... 4
SECTION 9. APPOINTMENT AND DUTIES OF HUMAN RESOURCES .......................................................... 4
SECTION 10. MERIT SYSTEM RULES ......................................................................................................... 4
SECTION 11. APPLICANT ASSESSMENT .................................................................................................... 5
SECTION 12. MINIMUM QUALIFICATIONS ............................................................................................... 5
SECTION 13. SUSPENSION, DEMOTION, DISMISSAL ................................................................................ 5
SECTION 14. APPEAL BY EMPLOYEE ........................................................................................................ 6
SECTION 15. NONDISCRIMINATION ........................................................................................................ 8
SECTION 16. POLITICAL ACTIVITY ............................................................................................................ 8
SECTION 17. NONCONFORMITY WITH FEDERAL AND STATE LAW OR REGULATION .............................. 9
SECTION 18. COMPLIANCE ...................................................................................................................... 9
RULE 1 - DEFINITIONS ................................................................................................................................. 10
RULE 2 - GENERAL PROVISIONS .................................................................................................................. 13
2.01 PURPOSE ......................................................................................................................................... 13
2.02 RULES .............................................................................................................................................. 13
2.03 SERVICE OF NOTICE ........................................................................................................................ 13
2.04 SEVERABILITY .................................................................................................................................. 13
2.05 NONCONFORMITY WITH FEDERAL AND STATE LAWS OR REGULATIONS ...................................... 13
RULE 3 - ANNOUNCEMENTS AND ASSESSMENTS ....................................................................................... 14
3.01 JOB ANNOUNCEMENTS .................................................................................................................. 14
3.02 APPLICATIONS ................................................................................................................................. 14
3.03 QUALIFICATIONS ............................................................................................................................. 14
3.04 NATURE OF ASSESSMENTS ............................................................................................................. 15
3.05 EVALUATING ASSESSMENT RESULTS .............................................................................................. 16
3.06 RETAKING ASSESSMENTS ............................................................................................................... 16
3.07 INSPECTION OF ANSWER SHEET FOR MULTIPLE CHOICE EXAMINATIONS .................................... 16
3.08 ADMINISTRATIVE REVIEW .............................................................................................................. 16
3.09 ADJUSTMENT OF ERRORS ............................................................................................................... 17
3.10 SPECIAL ASSESSMENTS ................................................................................................................... 17
3.11 ASSESSMENT RECORDS .................................................................................................................. 17
3.12 PREFERENCE POINTS ...................................................................................................................... 17
RULE 4 - ELIGIBILE LISTS .............................................................................................................................. 18
4.01 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS ............................................................ 18
4.02 CREATION OF ELIGIBLE LISTS .......................................................................................................... 18
4.03 USE OF RELATED ELIGIBLE LIST ....................................................................................................... 18
4.04 DURATION OF ELIGIBLE LIST ........................................................................................................... 18
4.05 REMOVAL OF NAMES FROM AN ELIGIBLE LIST .............................................................................. 18
RULE 5 - REFERRAL AND SELECTION OF ELIGIBLES ..................................................................................... 19
5.01 REFERRAL OF ELIGIBLES .................................................................................................................. 19
HAMC EMPLOYEE MERIT SYSTEM RULES 1

5.02 REFERRAL OF TIED SCORES ............................................................................................................. 19
5.03 LIFE OF A CERTIFICATION LIST ........................................................................................................ 19
5.04 SELECTION OF ELIGIBLES ................................................................................................................ 19
RULE 6 – INITIAL PROBATIONARY PERIOD .................................................................................................. 20
6.01 APPLICABILITY AND DURATION ...................................................................................................... 20
RULE 7 - TRANSFERS, REASSIGNMENTS, DEMOTIONS, FURLOUGHS ......................................................... 21
7.01 TRANSFERS...................................................................................................................................... 21
7.02 REASSIGNMENT .............................................................................................................................. 21
7.03 DEMOTIONS .................................................................................................................................... 21
7.04 FURLOUGHS .................................................................................................................................... 21
RULE 8 - SEPARATIONS AND DISCIPLINARY ACTIONS ................................................................................. 22
8.01 GENERAL PROVISIONS .................................................................................................................... 22
8.02 REDUCTION IN FORCE (RIF) ............................................................................................................ 22
8.03 DISMISSALS, SUSPENSIONS, AND DEMOTIONS .............................................................................. 22
8.04 SUSPENSION, DEMOTION OR DISMISSAL DURING INITIAL PROBATION ........................................ 23
8.05 RESIGNATION AND RETIREMENT ................................................................................................... 23
RULE 9 - APPEALS ........................................................................................................................................ 24
9.01 MATTERS WHICH MAY BE APPEALED ............................................................................................. 24
9.02 APPEAL ............................................................................................................................................ 24
9.03 ANSWER .......................................................................................................................................... 24
9.04 HEARING OFFICERS ......................................................................................................................... 24
9.05 TIME FOR HEARING ........................................................................................................................ 24
9.06 NOTICE OF HEARING ....................................................................................................................... 24
9.07 NATURE OF HEARING ..................................................................................................................... 25
9.08 EXCLUSION OF WITNESSES ............................................................................................................. 25
9.09 HAMC EMPLOYEES CALLED AS WITNESSES .................................................................................... 25
9.10 WITNESS FEES FOR OTHER THAN HAMC EMPLOYEES .................................................................... 25
9.11 DEPOSITIONS .................................................................................................................................. 25
9.12 DUTIES OF THE HEARING OFFICER ................................................................................................. 25
9.13 FILING OF WRITTEN OBJECTIONS ................................................................................................... 26
9.14 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ............................................................. 26
9.15 WITHDRAWAL OF AN APPEAL ........................................................................................................ 26
9.16 DECISION BY EXECUTIVE DIRECTOR ............................................................................................... 26
9.17 COMPLIANCE OF APPOINTING AUTHORITY ................................................................................... 26
RULE 10 – CODE OF ETHICS ......................................................................................................................... 27
10.01 CONDUCT AND REQUIREMENTS IN GENERAL .............................................................................. 27
10.02 SPECIFIC CONDUCT AND RESPONSIBILITIES ................................................................................. 27
10.03 THE ANNUAL CONTRIBUTIONS CONTRACT WITH HUD ............................................................ 28
10.04 FEDERAL PROCUREMENT REGULATIONS .................................................................................... 30
HAMC EMPLOYEE MERIT SYSTEM RULES 2

EMPLOYEE MERIT SYSTEM RESOLUTION 16-013
SECTION 1. AUTHORIZATION
By Resolution Number 000094, the Housing Authority of Maricopa County (HAMC) Board of Commissioners
under the provisions of the Intergovernmental Agreement between the HAMC and Maricopa County dated
April 2, 2004, and a subsequent amendment thereto, authorized the creation of the HAMC Employee Merit
System ("Merit System"). By Resolution 16-013, the Board of Commissioners hereby authorizes the update
of the HAMC Employee Merit System.
SECTION 2. ADMINISTRATION
The purpose of the Merit System is to provide a uniform and equitable system of personnel administration
for employees in HAMC classified service.
SECTION 3. MERIT PRINCIPLES TO BE OBSERVED
The system of personnel administration for employees in classified service shall be based upon merit
principles and free from political patronage. All actions affecting the employment of personnel in classified
service shall be made according to merit as demonstrated by the qualifications and work performance of
the applicant or employee.
SECTION 4. HOUSING AUTHORITY OF MARICOPA COUNTY SERVICE
HAMC service shall encompass all employment with HAMC wherein persons are paid a wage or salary from
public monies in accordance with official entries on an HAMC payroll. HAMC service shall not include
persons who perform services for which payment is made on a fee, claim or volunteer basis, or independent
contractors.
SECTION 5. CLASSIFIED SERVICE
Classified service shall include all positions in HAMC service except those identified as unclassified, contract,
or temporary employees.
SECTION 6. UNCLASSIFIED SERVICE
Within HAMC service there shall be the unclassified service which shall include all positions identified by the
Executive Director, or his or her designee, in a manner consistent with applicable law.
SECTION 7. HUMAN RESOURCES
There shall be in the HAMC a designee of the Executive Director who shall administer the Human
Resources functions and who shall be responsible to the Executive Director for the accomplishment of
all personnel functions assigned by the Board of HAMC and responsible to the Board through the
Executive Director for all other personnel functions in both the classified and the unclassified service.
HAMC EMPLOYEE MERIT SYSTEM RULES 3

SECTION 8. POWERS AND DUTIES OF THE EXECUTIVE DIRECTOR
The Executive Director shall perform such duties and exercise such powers as are necessary to carry out the
provisions of this Resolution. In addition to the duties imposed upon it elsewhere, it shall be the duty of the
Executive Director to:
A. Cause Human Resources to prepare such policies and procedures as it may find necessary or
appropriate for the administration of the Merit Rules.
B. Represent the public interest in the improvement of personnel administration in HAMC service.
C. Advise the Board of problems concerning personnel administration.
D. Advise and assist in fostering the interest of institutions of learning, civic, professional and employee
organizations in the improvement of personnel standards in HAMC service.
E. Review actions concerning the administration of personnel in HAMC service and make
recommendations to the Board.
SECTION 9. APPOINTMENT AND DUTIES OF HUMAN RESOURCES
A. Human Resources shall be administered by a person who has had experience in the field of public
personnel administration and supports merit principles in public employment.
B. Human Resources shall direct all personnel administration activities. In addition to the duties imposed
elsewhere, it shall be the duty of Human Resources or designee to:
1. Establish and maintain a roster of all employees in HAMC service in which there shall be set forth as
to each employee, the job title, pay, status and other pertinent data
2. Appoint such employees as may be necessary to carry out effectively the provisions of this
Resolution
3. Develop, in cooperation with the Executive Director, supervisors and others, programs for the
improvement of employee effectiveness including training, health, counseling and welfare
4. Review the operation and effect of this Resolution and of the Rules and report findings and
recommendations to the Executive Director
5. Perform any other lawful act considered necessary or desirable to carry out the purposes and
provisions of this Resolution
6. Make annual reports to the Executive Director as considered desirable regarding HAMC personnel
administration and recommendations for improvements
SECTION 10. MERIT SYSTEM RULES
A. The Executive Director and Human Resources shall prepare and submit to the Board of Commissioners
proposed Rules for the classified service.
B. The Rules shall provide for:
1. An employment process to assess the relative fitness of applicants
2. Promotion practices which shall give consideration based upon qualifications and work
performance
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3. Criteria for the rejection or competitive screening of applicants and candidates
4. The establishment of lists for employment and promotion, upon which lists shall be placed the
names of candidates, and where applicable, their ranking on the respective assessment processes
5. Periods of initial probationary employment, during which time the employee may be released or
demoted without cause
6. Transfer from a position under one supervisor to a position under a different supervisor
7. Reductions in force resulting from lack of funds, lack of work, or abolishment of positions; and for
transfer of employees who have been subject to a reduction in force
8. Dismissal or demotion of regular employees only for cause
9. Suspension without pay of regular employees only for cause
10. Establishment of a plan for resolving employee concerns and complaints and alleged unlawful
discrimination
11. Such other rules, not inconsistent with this Resolution, as may be proper and necessary for its
enforcement
SECTION 11. APPLICANT ASSESSMENT
A. An assessment process shall be used to evaluate the qualifications of applicants to perform the duties
of positions for which a list is to be established.
B. The assessment process may involve a written examination, review of applications and attachments,
oral panel, demonstration of skill, other assessment techniques which may be developed or any of the
above in combination.
SECTION 12. MINIMUM QUALIFICATIONS
The minimum qualifications prescribed for any HAMC employment shall not be less than those prescribed
by law. Changes to the minimum qualifications prescribed for any HAMC employment that increase
educational requirements shall have no effect on the eligibility of incumbents to continue in their
employment unless such change is required by state or federal law.
SECTION 13. SUSPENSION, DEMOTION, DISMISSAL
A. A supervisor may discipline, and in cooperation with Human Resources, suspend, demote or dismiss a
regular employee only for cause. Each of the following constitutes authorized cause for discipline,
suspension, demotion or dismissal of a regular employee under this Resolution:
1. Fraud in securing or maintaining employment
2. Incompetency
3. Inefficiency
4. Abuse of leave
5. Neglect of duty
6. Insubordination
7. Dishonesty
8. Possessing, dispensing, or being under the influence of alcohol, a narcotic, barbiturate, marijuana,
tranquilizer, hallucinogenic, or any other drug listed and/or defined in ARS § 13-3401, which would
affect the employee's suitability for continued employment, except in accordance with medical
authorization or in the lawful performance of the employee's regularly assigned duties
HAMC EMPLOYEE MERIT SYSTEM RULES 5

9. Violation of a Board authorized policy which supports a drug-free workplace or which opposes
substance abuse
10. Absence without authorized leave
11. Charged with the commission of a criminal act which affects the employee's suitability for
continued employment
12. Conviction of a criminal act which affects the employee's suitability for continued employment
13. Discourteous treatment of the public or fellow employees
14. Improper political activity as proscribed by state or federal law or by this Resolution
15. Unlawful discrimination, and discrimination prohibited by Section 15 of this Resolution, including
harassment, by an employee against or in favor of another person
16. Misuse of government property
17. Violation of HAMC or departmental policies or procedures
18. Violation of the Code of Ethics
19. Falsifying, destroying or altering HAMC documents
20. Unauthorized release or disclosure of confidential client information
B. A supervisor, subject to these Rules, may suspend a regular employee for cause without pay for a
period not exceeding thirty (30) calendar days for any single cause. The supervisor shall give the
employee written notice of the intention to affect any such suspension and an opportunity to respond
before the date it is intended to become effective. Such notice shall set forth the factual basis and
cause for the suspension in sufficient detail to indicate the reasons for the action and shall be prepared
in such form and given in such manner as Human Resources prescribes.
C. A supervisor, subject to these Rules, may demote a regular employee for cause from a position in any
given pay grade to a position in a lower pay grade for which the employee possesses necessary
qualifications. The supervisor shall give the employee written notice of the intention to effect any such
demotion and an opportunity to respond before the date it is intended to become effective. Such
notice shall set forth the factual basis and cause for the demotion in sufficient detail to indicate the
reasons for the action and shall be prepared in such form and given in such manner as the Human
Resources prescribes.
D. A supervisor, subject to these Rules, may dismiss a regular employee for cause. The supervisor shall
give the employee written notice of the intention to effect any such dismissal and an opportunity to
respond before the date it is intended to become effective. Such notice shall set forth the factual basis
and cause for dismissal in sufficient detail to indicate the reasons for the action and shall be prepared in
such form and given in such manner as Human Resources prescribes.
E. Failure to perform at a level required of the position to meet the business needs of the department is
cause to dismiss when progressive or corrective steps have not resulted in needed improvements.
Failure to perform does not imply misconduct.
F. Inability for medical reasons is cause to dismiss but connotes no improper conduct on the part of the
employee nor does it contemplate corrective or progressive steps.
G. In addition to the causes prescribed herein, the Executive Director or the Board may establish other
causes that are deemed necessary.
SECTION 14. APPEAL BY EMPLOYEE
HAMC EMPLOYEE MERIT SYSTEM RULES 6

A. Any regular employee who is suspended, involuntarily demoted or dismissed, and to the limited
extent provided by the Resolution and Rules, separated by a reduction in force, may appeal to the
Executive Director. The appeal shall be in writing and filed with Human Resources not later than ten
(10) calendar days following the date of personal delivery or certified mailing of the written notice
suspending, demoting, or dismissing the employee by the supervisor. If mailed, the notice shall be
sent to the employee's last known address.
B. A copy of such appeal shall be forwarded by Human Resources to the supervisor and the Executive
Director. Human Resources shall thereupon assign a time and place for a hearing and shall give
notice thereof to all parties concerned. Within twenty (20) calendar days from the filing of the
appeal, the Hearing Officer shall commence the hearing to affirm, modify, revoke the appeal, or
continue the hearing date for good cause shown. No assignment of an appeal to a Hearing Officer
shall preclude the Executive Director from withdrawing such assignments and conducting the
hearing himself/herself or from reassigning an appeal to another Hearing Officer.
C. The appellant may appear personally, produce evidence, have legal counsel (at appellant’s expense)
or lay representation. Unless requested otherwise by both parties, hearings are conducted
privately. Private hearings restrict who may be present while testimony is being taken. Upon the
conclusion of taking testimony, the entire proceedings become a matter of public record.
D. The Hearing Officer may request issue and enforcement of a subpoena to compel attendance of any
person and the production of documents relevant to the issues in the appeal.
E. Both the employee and supervisor shall be notified reasonably in advance of the hearing. The
conduct of the hearing shall not be bound by technical rules of evidence. An official record of the
hearing, including exhibits, shall be made.
F. At the conclusion of the hearing, the Hearing Officer shall prepare proposed findings of fact and
conclusions of law in a form acceptable to the Executive Director, and deliver to all parties and the
Executive Director within thirty-five (35) calendar days of the case being submitted for decision.
G. The Executive Director may request the hearing officer to be present during its consideration of the
case and, if requested by the Executive Director, shall assist and advise the Executive Director.
H. If, after the hearing, the Executive Director determines that the action appealed from was arbitrary
or taken without reasonable cause, the appeal shall be sustained; otherwise, the appeal shall be
dismissed. The Executive Director shall make written findings of fact, conclusions of law and issue
an order as soon as practicable. A copy shall be sent by certified mail to the appellant and the
respondent at the addresses given at the hearing or hand delivered.
I. The Executive Director shall have the power to determine the amount of back wages and leave
accruals, where appropriate, and shall do so after taking into consideration just and equitable relief
to the employee and the best interests and effectiveness of the HAMC service.
J. The findings and decisions of the Executive Director shall be final.
K. An employee who has been subject to a reduction in force by reason of lack of funds, lack of work,
or abolition of position may file an appeal with the Executive Director only on the grounds that the
HAMC EMPLOYEE MERIT SYSTEM RULES 7

calculation of the employee's retention points was inaccurate and resulted in that employee being
selected for separation before another.
L. An employee who has been subject to a furlough may file an appeal with the Executive Director only
on the grounds that the furlough was imposed in an arbitrary manner that negatively impacted the
employee more than other similarly situated employees in the employee’s division in the same
market range title.
SECTION 15. NONDISCRIMINATION
Discrimination, as defined by state or federal law and this Section, in any manner by an HAMC Director,
supervisor, or employee against or in favor of any applicant or employee because of race, gender, religion,
color, national origin, age, disability, sexual orientation, pregnancy, veteran status, genetic information or
any other characteristic defined by law or Board approved policy shall be prohibited.
SECTION 16. POLITICAL ACTIVITY
A. It is the intent of HAMC to conform to the public policy that government programs be administered in
an unbiased manner and without favoritism for or against any political party or group or any member in
order to promote public confidence in government, government integrity, and the efficient delivery of
governmental services and to ensure that employees are free from any express or implied requirement
or any political or other pressure of any kind to engage or not engage in political activity.
B. Regular employees shall not:
1. Make political endorsements by which they identify themselves as HAMC employees
2. Use or promise to use any official authority or influence for the purpose of influencing the vote or
political action of any person or for any consideration
C. A regular employee shall not be a member of any national, state, or local committee of a political party,
or an officer or chairman of a committee of a partisan political club, or offer himself as a candidate for
nomination or election to any public office which is either paid or partisan by filing nomination papers
or making a formal public declaration of candidacy, or take part in the management or affairs of any
political party or in the management of any partisan campaign or recall effort.
D. An employee may when not on duty, not in uniform, or not at public expense unless otherwise
provided by state or federal law:
1. Express his/her opinions
2. Attend meetings for the purpose of becoming informed concerning the candidates for public office
and the political issues
3. Cast a vote
4. Sign nomination or recall petitions
5. Make contributions to candidates, political parties, or campaign committees contributing to
candidates or advocating the election or defeat of candidates
6. Circulate candidate nomination petitions or recall petitions
7. Engage in activities to advocate the election or defeat of any candidates
8. Solicit or encourage contributions to be made directly to candidates or campaign committees
contributing to candidates or advocating the election or defeat of candidates
9. Campaign for himself and hold unpaid, nonpartisan, public office
HAMC EMPLOYEE MERIT SYSTEM RULES 8

10. Campaign for or against ballot issues, referendum questions, constitutional amendments, municipal
ordinances, etc.
E. The provisions of this Section shall not apply to school board elections or community college district
governing board elections, and a regular employee may serve as a member of the governing board of a
common or high school district or as a member of a community college district governing board.
F. A regular employee shall not be discriminated against for engaging in or not engaging in any activity
permitted by this Section.
G. No person shall solicit a regular employee to engage in or not engage in activities permitted by this
Section with the direct or indirect use of any threat, intimidation or coercion including threats of
discrimination, reprisal, force or any other adverse consequence including the loss of any benefit,
reward, promotion, advancement or compensation.
H. Any person in the HAMC service who violates any of the provisions of this Section shall be subject to
disciplinary action up to and including dismissal.
SECTION 17. NONCONFORMITY WITH FEDERAL AND STATE LAW OR REGULATION
If any provision of this Resolution conflicts or is inconsistent with state or federal law or regulations, state or
federal law or regulations shall apply.
SECTION 18. COMPLIANCE
When dealing with regular employees, supervisors shall conform to, comply with, and aid in carrying into
effect the provisions of this Resolution and the Rules adopted hereunder.
HAMC EMPLOYEE MERIT SYSTEM RULES 9

RULE 1 - DEFINITIONS
The following words and phrases used in these Rules have the defined meanings hereinafter set forth
unless otherwise clearly indicated in the context:
A. APPEAL: A regular employee's written request that the Executive Director review a suspension,
involuntary demotion, dismissal, furlough or reduction in force where permitted by the Resolution
or these Rules.
B. APPELLANT: A regular employee who has filed an appeal with the Executive Director.
C. APPLICANT: A person who has filed an application for employment.
D. APPOINTING AUTHORITY: The HAMC Executive Director or designated representative authorized to
act in this capacity.
E. ASSESSMENT: A process used to evaluate the qualifications of applicants to perform the duties of a
position.
F. BASE PAY RATE: An employee’s established rate of pay exclusive of any differentials, incentives, or
other pay.
G. BOARD: The HAMC Board of Commissioners.
H. CANDIDATE: An applicant approved for participation in an assessment process.
I. CLASSIFIED SERVICE: All positions in HAMC service except those identified as unclassified (including
contract) and temporary employees.
J. DAYS: Calendar days unless the context states otherwise.
K. DEMOTION: A change in the assignment of a regular employee to a lower pay rate.
L. DEPARTMENT/PROGRAM: An HAMC specialized unit in the annual budget.
M. DISMISSAL: The involuntary separation of a regular employee for disciplinary reasons or as a result
of unsatisfactory performance, inability for medical reasons or any other cause established by the
Board.
N. ELIGIBLE: A person who has met standards based upon the established assessment process for a
specific type of job.
O. ELIGIBLE LIST: An official list of eligibles for a particular job used by supervisors for selection for
employment.
P. EMPLOYEE: A person who is an employee of HAMC.
HAMC EMPLOYEE MERIT SYSTEM RULES 10

Q. FURLOUGH: A furlough is mandatory unpaid leave imposed on employees as the result of a budget
deficit or shortfall. A furlough may be imposed as an alternative to, or in conjunction with, a
Reduction in Force (see HAMC HR Policy 18). Furloughs are not suspensions or involuntary
demotions for purposes Section 15 of the Employee Merit System Resolution.
R. HAMC: Housing Authority of Maricopa County.
S. HEARING OFFICER: A person not in the service of HAMC, but appointed or hired by the Executive
Director or designee to hear appeals.
T. HUMAN RESOURCES: The department or support systems responsible for personnel sourcing and
hiring, applicant tracking, skills development and tracking, benefits administration and compliance
with associated government regulations.
U. INITIAL PROBATION: A specified period of time following the employment of an employee during
which the work performance of the employee is evaluated. An employee may be released from
initial probation for or without cause.
V. INITIAL PROBATIONARY EMPLOYEE: An employee who is serving an initial probation period upon
their most recent employment, to include hire, promotion, demotion or transfer into any position,
with the exception of market range title adjustments and reassignments. An initial probationary
employee is at-will and may be released for or without cause.
W. JOB ANNOUNCEMENT: The official public notice that a recruitment is being conducted.
X. MARKET RANGE TITLE: A title assigned to a group of positions performing similar or related duties
and responsibilities.
Y. MARKET RANGE TITLE ADJUSTMENT: The assignment of a position to another market range title
that is an equivalent level, lower level or higher level market range title than currently assigned,
which may or may not result in a base pay rate increase for the incumbent. In such cases, the
affected employee will not be required to serve an initial probation period.
Z. POSITION: A specific employment, whether occupied or vacant, involving duties requiring the
services of one person.
AA. PROMOTION: The movement of an employee to a different position at a higher pay grade through
an announced recruitment process.
BB. REASSIGNMENT: A change in the assignment of an employee from one position to another at the
same pay.
CC. REDUCTION IN FORCE (RIF): The separation from HAMC employment for reasons of lack of funds,
lack of work, or abolishment of position.
DD. REFERRAL LIST: The list of names and associated employment applications of qualified eligibles
referred by Human Resources to a hiring manager.
HAMC EMPLOYEE MERIT SYSTEM RULES 11

EE. REGULAR: The status an employee achieves when retained in a position of the classified service
following the successful completion of the initial probationary period.
FF. RESOLUTION: HAMC Resolution Number 000094 that established the HAMC Employee Merit
System dated April 2, 2004, and all subsequent amendments.
GG. RESPONDENT: The HAMC supervisor or manager against which an appeal is filed.
HH. SUPERVISOR/MANAGER/HIRING MANAGER: A single management head of a department, or the
designated representative authorized to act in this capacity.
II. SUSPENSION: The temporary separation of an employee for his or her position without pay for
disciplinary reasons.
JJ. TRANSFER: A movement of an employee from a position under one supervisor to a position under a
different supervisor.
HAMC EMPLOYEE MERIT SYSTEM RULES 12

RULE 2 - GENERAL PROVISIONS
2.01 PURPOSE
To implement the requirements of the Resolution which establishes for the Housing Authority of Maricopa
County (HAMC) a system of personnel administration based on merit principles.
2.02 RULES
The Resolution and Rules apply to all classified positions in HAMC service. Amendments to the Resolution
and Rules may be made by the Board of Commissioners from time to time in accordance with the
Resolution.
2.03 SERVICE OF NOTICE
Unless otherwise provided by law or these Rules, whenever any paper or document notice is given to or
served upon any person pursuant to these Rules, such notice may be personally served or served by
certified mail to the last known residence or business address of the addressee. Service is complete and
effective upon mailing.
2.04 SEVERABILITY
If any provision of these Rules, or the application thereof to any person or circumstances, is held invalid, the
remainder of the Rules, or the application of such provision to other persons or circumstances, shall not be
affected.
2.05 NONCONFORMITY WITH FEDERAL AND STATE LAWS OR REGULATIONS
If any provision of these Rules conflict or is inconsistent with federal or state laws or regulations, federal
or state laws or regulations shall apply.
HAMC EMPLOYEE MERIT SYSTEM RULES 13

RULE 3 - ANNOUNCEMENTS AND ASSESSMENTS
3.01 JOB ANNOUNCEMENTS
A. Content: The public announcement of recruitments shall specify:
1. Title of the position(s)
2. Pay information
3. Essential job tasks (or where this information may be obtained)
4. Position qualifications
5. Final date for receipt of applications (or statement of continuous recruitment)
6. Selection procedure(s)
7. How and where to apply
B. Job announcements shall be by public notice and posted in a form established by Human Resources.
The duration and dissemination of job announcements shall be established by the hiring manager in
consultation with Human Resources.
3.02 APPLICATIONS
All applications shall be in a form prescribed by Human Resources. Applications must be filed as designated
in the announcement on or before the recruitment closing date specified in the announcement.
Applications submitted in response to a continuous recruitment may be accepted at any time until the
recruitment is closed. Human Resources may require applicants to furnish references, evidence of
education, or evidence of other qualifications as may be necessary for staffing HAMC service. Such
evidence shall be furnished by applicants at their own expense.
3.03 QUALIFICATIONS
A. Applicants who meet the qualifications designated on the job announcement and the provisions of
the Resolution, these Rules, federal and state laws are eligible to compete for announced positions.
All applicants must possess the necessary qualifications to successfully perform the essential job
tasks of the position. Admittance to an assessment process shall not constitute assurance of a
passing result.
B. Temporary Waiving of Educational Requirements: If the Executive Director so authorizes, a job
announcement may provide that applicants who do not meet minimum educational requirements
for the position, but who will meet these requirements as a result of the completion of further
scheduled education for the current school term, may be allowed to compete. Successful applicants
participating in an assessment process under this provision shall have their names entered on the
register in the same manner as other successful applicants, and their names may be certified to the
supervisor. If appointed, they must furnish the supervisor with acceptable evidence of their
qualifications before the effective date of the appointment. Failure to complete the required
educational work will cause the removal of applicants' names from the register or the cancellation
of their appointments.
C. Disqualification of Applicants: Human Resources may -
HAMC EMPLOYEE MERIT SYSTEM RULES 14

1. Refuse to evaluate applicants
2. After evaluation may disqualify such applicants
3. Remove their names from the eligibility list
4. Refuse to refer eligibles from an eligible list
5. May consult with the hiring manager in taking steps to remove persons already appointed, for
any one of the following reasons:
a. Do not meet the minimum qualifications established for the position
b. Are addicted to the use of narcotics or the habitual use of intoxicants
c. Made a false statement of material fact in the application process
d. Used or attempted to use political pressure or bribery to secure an advantage in the
assessment process
e. Directly or indirectly obtained information regarding confidential assessment materials to
which, as applicants, they were not entitled
f. Failed to submit a completed application correctly or within the prescribed time limits
g. Took part in the compilation, administration, or any part of the selection process for which
they are applicants
h. Previously were dismissed from HAMC employment for a disciplinary reason
i. Have been convicted of a felony
j. Have been convicted of any crime involving the use of narcotic or habit-forming drugs
k. Are charged with or under indictment for any crime which upon conviction would cause denial
of eligibility under this Rule
l. Expiration of the eligible list
m. Failed to respond to correspondence, appear for a scheduled assessment or interview, or failed
any phase of the selection process
n. Indicated that they are no longer interested in the position or that they are no longer available
for selection
o. Refused or rejected a job offer for the specific position
p. Abolishment of the eligibility list
q. Otherwise violated the provisions of the Resolution or these Rules
3.04 NATURE OF ASSESSMENTS
A. Applicants shall be required to meet the minimum qualifications and assessment standards in effect at
the time of application. Assessments shall be job-related, designed to evaluate an applicant’s
knowledge, skills and/or abilities to perform the duties of the position, and rated impartially. All
applicants will be assessed using one or more any combination of the following, as defined in the job
announcement:
1. Written examination
2. Oral board
3. Demonstration or performance assessment
4. Evaluation of experience, training, education, and/or skills
5. Other objective and job-related methods of assessment
B. Assessments that require in person participation by applicants shall be conducted in locations that are
accessible to the general public. Reasonable accommodation(s) will be afforded to applicants with
disabilities. At the discretion of the hiring manager, assessments may be conducted in as many phases,
evaluation steps or HAMC locations as necessary. When practical and necessary, Human Resources
may limit the number of applicants accepted to participate in an assessment or evaluation process
based upon job-related criteria. Additionally, Human Resources may designate proctors, administrators,
HAMC EMPLOYEE MERIT SYSTEM RULES 15

and/or assessors from HAMC to conduct assessments under procedures prescribed by the hiring
manager.
C. When an oral board is used, the process shall be conducted, and applicants evaluated by, a panel of two
(2) or more qualified, impartial individuals. Any member of an oral board panel who is related to a
candidate being examined, or who has a conflict of interest with the candidate, shall request
disqualification as a panel member for that candidate’s examination.
D. When technical expertise is deemed necessary, as determined by the hiring manager, subject matter
experts may be used in the assessment process.
3.05 EVALUATING ASSESSMENT RESULTS
In any assessment process, Human Resources shall determine the minimum rating or standing which must
be attained by a candidate in order to be placed on the eligible list, or to compete in the next phase of the
selection process. When such a final rating results in a numerical score, a weighted average of the various
parts of the assessment process, if applicable, may be used.
3.06 RETAKING ASSESSMENTS
At the discretion of Human Resources, assessments, which include but are not limited to multiple choice
examinations, typing tests or other scored performance assessments may be retaken or repeated within
reasonable limits of scheduling. In each case of a repeated assessment, the most recent assessment result
achieved shall be used to determine the eligibility of the candidate.
3.07 INSPECTION OF ANSWER SHEET FOR MULTIPLE CHOICE EXAMINATIONS
A. Candidates may compare their answer sheet for any multiple choice examination with the scoring key
for the purpose of determining whether their answers have been accurately scored. A candidate must
request inspection in writing to Human Resources within seven (7) calendar days of the notification of
assessment results. If inspection is approved by Human Resources, such inspection shall be under the
supervision of a Human Resources staff member or other authorized representative, which such
security procedures, and at such a location designed by Human Resources. Only a candidate or the
candidate’s representative with the candidate’s written authorization may inspect a candidate’s answer
sheet.
B. Answer sheets for copyrighted or standardized multiple choice examinations may be excluded by
Human Resources for such inspection.
3.08 ADMINISTRATIVE REVIEW
Upon written request stating the basis for the request, Human Resources shall review the accuracy of the
determination at any step of a selection process. Such a request must be submitted within seven (7)
calendar days of notification of disqualification from the selection process.
HAMC EMPLOYEE MERIT SYSTEM RULES 16

3.09 ADJUSTMENT OF ERRORS
An evaluation error will be corrected if brought to the attention of Human Resources within seven (7)
calendar days of notification of an evaluation rating to an applicant. Such action shall not invalidate any
referral list already prepared or appointed.
3.10 SPECIAL ASSESSMENTS
Except in the case of an error, or in order to provide a reasonable accommodation under the Americans
with Disabilities Act (ADA), no candidate shall be assessed in any manner not afforded to other candidates.
3.11 ASSESSMENT RECORDS
Human Resources shall be responsible for the maintenance of recruitment records pertinent to applicant
assessment processes pursuant to these Rules. Human Resources is responsible for maintaining records
related to candidates selected for interview including job related interview selection criteria, interview
dates and notes, and other documentation pertaining to the final selection decision from among the
candidates referred for consideration. Applications and all recruitment and selection records shall be kept
as required by law.
3.12 PREFERENCE POINTS
A candidate who is not a current employee and attains a passing score on a numerically scored
assessment process may have preference points added to the final rating prior to placement on an
eligible list in accordance with applicable law.
HAMC EMPLOYEE MERIT SYSTEM RULES 17

RULE 4 - ELIGIBILE LISTS
4.01 RESPONSIBILITY FOR MAINTENANCE OF ELIGIBILITY LISTS
It shall be the duty of HAMC manager to notify Human Resources, as far in advance as possible, of vacancies
or anticipated vacancies and to cooperate in staffing, workforce planning and turnover analysis. Human
Resources shall be responsible for the establishment and maintenance of appropriate eligible lists, the
determination of the adequacy of existing eligible lists, and for the appropriate assignment of applicants to
eligible lists.
4.02 CREATION OF ELIGIBLE LISTS
At the conclusion of the assessment process(es), Human Resources shall prepare a list of eligible candidates
or merge the names of the new eligibles with those on the existing eligible list. Human Resources shall
determine the order in which candidates are placed on an eligible list. Typically, the names of eligibles shall
be in alphabetical order, or by the order of their final numerical assessment score, if applicable.
4.03 USE OF RELATED ELIGIBLE LIST
In consultation with the hiring manager, Human Resources may use one or more related eligible lists for a
similar vacancy within the same market range title without initiating a new competitive recruitment
process. Eligibles must meet qualifications for the vacancy as determined by Human Resources.
4.04 DURATION OF ELIGIBLE LIST
The duration of an eligible list shall be established by the hiring manager in consultation with Human
Resources. With the concurrence of Human Resources, a hiring manager may abolish an eligible list at any
time in the event of an elimination of the position, new assessment process, significant change(s) to
position duties or requirements, cancellation of a recruitment process, or whenever an existing eligible list
has ceased to meet the needs of the hiring manager.
4.05 REMOVAL OF NAMES FROM AN ELIGIBLE LIST
Human Resources may remove the name of an eligible from an eligible list at any time for any one of the
reasons specified in Rule 3.03C.
HAMC EMPLOYEE MERIT SYSTEM RULES 18

RULE 5 - REFERRAL AND SELECTION OF ELIGIBLES
5.01 REFERRAL OF ELIGIBLES
Human Resources shall refer to the hiring manager designated by the Executive Director a list of eligibles to
continue in the selection process. Only eligibles who have been placed on a referral list by Human
Resources are authorized to participate in the selection process for a position covered by these Rules. In
consultation with the hiring manager, Human Resources shall refer eligibles for consideration based upon
job-related criteria and business needs.
5.02 REFERRAL OF TIED SCORES
When two (2) or more eligibles have identical final numeric assessment scores on an eligible list and are tied
for the last place to be referred, all tied eligibles will be referred and so indicated on the referral list.
5.03 LIFE OF A CERTIFICATION LIST
The life of a referral list during which action may be taken should not exceed ninety (90) calendar days from
the date of issue, unless extended by Human Resources in consultation with the hiring manager.
5.04 SELECTION OF ELIGIBLES
A. The criteria used to identify eligibles for invitation to interview shall be determined and documented by
the hiring manager, must be job-related and non-discriminatory, and is subject to review by Human
Resources.
B. Human Resources shall notify all eligibles interviewed of the results. Human Resources shall keep
records indicating the action taken on each eligible, to include notification of interview results, if
applicable, and retain all selection records in accordance with applicable law.
C. The hiring manager may verify information contained in an eligible’ s application to assist in
determining an applicant’s overall suitability for employment. If such inquiry indicates the falsification
of material fact on the application, the hiring manager shall inform Human Resources.
D. The hiring manager’s selection must be from among the eligible referred and may be subject to a post-
offer pre-employment background investigation.
HAMC EMPLOYEE MERIT SYSTEM RULES 19

RULE 6 – INITIAL PROBATIONARY PERIOD
6.01 APPLICABILITY AND DURATION
A. With the exception of market range title adjustments and reassignments, all employees must serve
an initial probation period upon their most recent employment, to include hire, promotion,
demotion or transfer into any classified position. The initial probation period shall be a minimum of
twelve (12) months, and may be extended by the supervisor for up to six (6) additional months.
B. If in judgment of the supervisor the employee does not meet the required performance standards,
the supervisor may either extend the initial probation period, demote the employee to another
position for which the employee qualifies, or dismiss the employee. In any case, the employee must
be given written notice of the action taken by the supervisor prior to the expiration of the initial
probation period or the employee will be considered to have successfully completed initial
probation.
C. An initial probationary employee does not have any appeal rights under these Rules.
HAMC EMPLOYEE MERIT SYSTEM RULES 20

RULE 7 - TRANSFERS, REASSIGNMENTS, DEMOTIONS, FURLOUGHS
7.01 TRANSFERS
A. As a result of selection from a competitive recruitment, an appointing authority may approve an
employee's transfer to another department. The employee must give proper notice to the losing
supervisor. Proper notice is defined as two (2) weeks, but not longer than thirty (30) calendar days
as agreed to by the affected departments.
B. In the event that part or all of the functions of one department/program are transferred to another
department/program, the affected employee(s) of the transferring department/program shall not
be required to serve an initial probation period, and shall be accepted as transfers by the receiving
department/program at the same pay rate unless the receiving department/program has no need
for the particular position(s). In the latter event, a reduction-in-force will apply.
C. With the concurrence of the losing and gaining department supervisors and the affected employee,
the appointing authority may approve a transfer of an individual whose record is satisfactory to
another position at the same or lower pay grade for which the employee qualifies.
7.02 REASSIGNMENT
At the discretion of the appointing authority, employees may be reassigned from one position to
another under, the same supervisor at the same pay rate, subject to the approval of the appointing
authority based upon business needs. In such cases, the affected employee shall not be required to
serve an initial probation period.
7.03 DEMOTIONS
A. An employee with regular status may be involuntarily demoted for cause.
B. A supervisor may approve an employee's written request for a demotion within the same
department, subject to approval by the appointing authority. A copy of the employee's written
request shall be included in the employee’s official personnel file. An employee may also apply for a
voluntary demotion when in conjunction with the employee’s application in response to a
competitive recruitment. In such cases, the demotion will be deemed to have been made on a
voluntary basis and there shall be no right of appeal.
C. In any instance, when an employee is demoted, the employee must meet the qualifications in effect
for that position at the time of demotion.
7.04 FURLOUGHS
A regular employee may be subject to furlough, whenever such an action becomes necessary, due to a
budget deficit or shortfall. A furlough is mandatory, unpaid leave of one or more days, and is not a
reduction in the compensation or hourly rate of pay of a classified employee.
HAMC EMPLOYEE MERIT SYSTEM RULES 21

RULE 8 - SEPARATIONS AND DISCIPLINARY ACTIONS
8.01 GENERAL PROVISIONS
Except as otherwise provided in the Resolution and these Rules, the employment of a regular employee
shall continue during satisfactory performance of duties in accordance with HAMC business needs.
8.02 REDUCTION IN FORCE (RIF)
A regular employee may be separated from classified service through a reduction in force, whenever
necessary, because of a lack of funds, lack of work, or abolishment of position.
8.03 DISMISSALS, SUSPENSIONS, AND DEMOTIONS
A. The supervisor may suspend, involuntarily demote, or dismiss a regular employee only for cause as
provided in the Resolution. Prior to such action the supervisor shall provide the employee a written
statement indicating the action that is proposed to be taken, the sections of the Resolution, these
Rules, HAMC policies and/or procedures, or departmental rules violated, and the specific reasons for
the action in sufficient detail to apprise the employee of the factual circumstances which justify the
proposed action.
B. The supervisor shall include in the statement to the employee notice of the employee’s right to
present reasons why the proposed action should not be taken. The employee may choose to waive
the opportunity to present the reason in person, and instead, may submit the reason in writing. If
the employee does not appear at the designated time, date and location for the meeting or fails to
present written reasons by the time and date for the meeting, the employee will be deemed to have
waived the opportunity to present why the proposed action should not be taken.
C. After giving the employee an opportunity to provide reasons as provided above, the appointing
authority may affirm, reduce or abandon the proposed action by providing written notice of the
final decision of the employee to Human Resources.
1. Unless formal discipline is abandoned, the notice shall state that the employee has a right to
appeal in writing to the Executive Director within ten (10) calendar days from the date of
personal delivery or certified mailing of the written final decision.
2. In the event the supervisor decides to increase the proposed discipline, a new notice and
opportunity to provide reasons why the action should not be taken, shall be provided.
D. Transmittal of all required notices to the employee pursuant to this Rule shall be made either by
delivering the letter to the employee personally or by certified mail to the employee’s last known
address.
HAMC EMPLOYEE MERIT SYSTEM RULES 22

8.04 SUSPENSION, DEMOTION OR DISMISSAL DURING INITIAL PROBATION
An initial probationary employee may be suspended, demoted or dismissed at any time with or without
cause and without the right of appeal. Human Resources may investigate the circumstances and causes for
any suspension, demotion or dismissal during an employee’s initial probation period to ensure compliance
with federal and state law.
8.05 RESIGNATION AND RETIREMENT
A regular employee who desires to resign or retire from HAMC service is expected to submit a written
notice to the supervisor, with a copy to Human Resources, at least fourteen (14) calendar days prior to the
effective date of the resignation or retirement.
HAMC EMPLOYEE MERIT SYSTEM RULES 23

RULE 9 - APPEALS
9.01 MATTERS WHICH MAY BE APPEALED
A regular employee who is suspended, involuntarily demoted, dismissed, and to the limited extent provided
by the Resolution and Rules, may appeal to the Executive Director.
9.02 APPEAL
The appeal shall be in writing, state the facts upon which it is based, and specify the action requested of the
Executive Director. The appeal shall sufficiently detail the necessary facts and identities of all persons or
departments concerned in a manner that the Executive Director may understand the nature of the situation
and appeal. Unless the appeal names some other respondent, the supervisor who initiated the appealable
action shall be considered the respondent. The appeal shall be considered filed when received by the
Executive Director.
9.03 ANSWER
No answer to the appeal is required. If an answer is filed prior to the hearing, a copy thereof shall be sent
by Human Resources or hearing officer to the appellant.
9.04 HEARING OFFICERS
An appeal may be assigned by the Executive Director to a hearing officer for hearing. Hearing officers
assigned shall be individuals who have training and knowledge of merit system principles. When appeals
are assigned to hearing officers, they shall be the authorized representative of the Executive Director and
are fully authorized and empowered to grant or refuse extensions of time, to set such proceedings for
hearing, to conduct the hearing, and to take any action in connection with the proceedings which the
Executive Director is authorized to take by law or by these Rules other than issuing the final findings of fact,
conclusions of law and order. No assignment of an appeal to a hearing officer shall preclude the Executive
Director from withdrawing such assignments and conducting the hearing on his or her own, or from
reassigning an appeal to another hearing officer.
9.05 TIME FOR HEARING
Within twenty (20) calendar days from the filing of the appeal, the Executive Director shall set a date for the
hearing. The time for a hearing may be extended upon mutual consent of the parties or upon good cause
shown to the assigned hearing officer.
9.06 NOTICE OF HEARING
Written notice of the time, date, place of the initial hearing of an appeal and the name of the hearing
officer, if any, shall be served by Human Resources on the appellant and the respondent at least seven (7)
calendar days before the date of such hearing. This notice shall be delivered personally or by certified mail.
HAMC EMPLOYEE MERIT SYSTEM RULES 24

9.07 NATURE OF HEARING
Parties may represent themselves or be represented by legal counsel, or a lay representative of their
choosing. The hearing shall be informal and technical rules of evidence shall not apply to the proceedings,
except that irrelevant, immaterial, incompetent or unduly repetitious evidence or evidence protected by
the rules of privilege recognized by law may be excluded. Each party will have a maximum of three and one
half (3.5) hours to present their case including opening statements; direct exam; cross exam, and re-
direct/re-cross of witness; objections; and closing argument. Time spent of cross examination and re-cross
counts against the total time allotted to the party conducting the examination. The hearing shall have the
authority to grant up to an additional seven (7) hours (total) of testimony. The hearing officer shall not allow
testimony beyond fourteen (14) hours (total) without prior approval from the Executive Director or
designee. All testimony at hearing shall be recorded manually or by a recording device.
9.08 EXCLUSION OF WITNESSES
Upon the motion of the appellant or respondent, the hearing officer may exclude from the hearing room
any witnesses not at the time under examination; however; parties to the proceedings, or their attorneys or
other person representing them, shall not be excluded.
9.09 HAMC EMPLOYEES CALLED AS WITNESSES
HAMC employees called as witnesses, to attend a hearing, shall be paid their base pay rate for the time
spent.
9.10 WITNESS FEES FOR OTHER THAN HAMC EMPLOYEES
Witnesses, other than employees, when subpoenaed to attend a hearing are entitled to the same fee as is
allowed witnesses in civil cases in courts of record. If a witness is subpoenaed by the hearing officer, fees
and mileage may be paid by the party requesting the witness upon presentation of a duly executed claim
against HAMC.
9.11 DEPOSITIONS
If a witness does not reside within the county or within 100 miles of the place where the hearing is to be
held, is out of the state, or is too infirm to attend the hearing, parties thereto at their own expense may
cause a deposition to be taken in compliance with the applicable provision of the state rules of civil
procedure. If the presence of a witness cannot be procured at the time of hearing, the deposition may be
used in evidence by either party or the Executive Director.
9.12 DUTIES OF THE HEARING OFFICER
At the conclusion of the hearing, hearing officers shall prepare proposed findings of fact and conclusions of
law in a form acceptable to the Executive Director. A copy of the proposed findings and conclusions shall be
filed by the hearing officer with the Executive Director within thirty-five (35) calendar days of the case being
submitted for decision. The hearing officer may be requested to be present to assist and advise during the
consideration of the case by the Executive Director.
HAMC EMPLOYEE MERIT SYSTEM RULES 25

9.13 FILING OF WRITTEN OBJECTIONS
Both appellant and respondent shall receive copies of the findings of fact, conclusions of law and
recommendations of the hearing officer. The parties shall have ten (10) calendar days from receipt of the
hearing officer's report to file written objections (not post-hearing evidence) to the hearing officer's report.
A copy of the written objections shall be provided to the parties.
9.14 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
The Executive Director shall, upon receipt of the hearing officer's report and any written objections, make
written findings of fact, conclusions of law and issue an order as soon as practicable. A copy shall be sent by
certified mail to the appellant and the respondent at the addresses given at the hearing or to a
representative designated to receive same, or hand delivered.
9.15 WITHDRAWAL OF AN APPEAL
The appellant may submit a written request to withdraw an appeal at any time prior to the decision by the
Executive Director.
9.16 DECISION BY EXECUTIVE DIRECTOR
The Executive Director may adopt the hearing officer's report in its entirety, or modify it, or may decide the
case upon the record, with or without taking additional evidence. If, after the hearing, the Executive
Director determines that the action appealed from was arbitrary or taken without reasonable cause, the
appeal shall be sustained; otherwise the appeal shall be dismissed. The Executive Director shall have the
power to determine the amount of back wages and leave accruals, where appropriate, and shall do so after
taking into consideration just and equitable relief to the employee and the best interests and effectiveness
of the HAMC service.
9.17 COMPLIANCE OF APPOINTING AUTHORITY
A. In the event the Executive Director orders the reinstatement of appellant, it may also order that
appellant be provided back pay for such period and in such amounts as the Executive Director deems
proper under the circumstances giving due consideration, among other things, to any time delays
requested by the appellant throughout the course of the appeal.
B. The findings and decisions of the Executive Director shall be final.
HAMC EMPLOYEE MERIT SYSTEM RULES 26

RULE 10 – CODE OF ETHICS
10.01 CONDUCT AND REQUIREMENTS IN GENERAL
A. The maintenance of high standards of honesty, integrity, impartiality and conduct by HAMC
employees is essential to assure the proper performance of HAMC business and the maintenance of
confidence by citizens in their government. Employees shall conduct themselves in such a manner
that the work of HAMC is effectively accomplished; they shall be courteous, considerate and prompt
in dealing with and serving the public and shall conduct themselves in a manner that will not bring
discredit or embarrassment to the HAMC.
B. Employees shall observe the applicable law and regulations governing participation in political
activities and conflict of interest (Section 16 Political Activity), and shall avoid any discrimination in
accordance with Section 15 (Nondiscrimination) of the Resolution.
C. Employees shall economically utilize, protect and conserve HAMC property entrusted to them. They
shall conduct all official activities in a manner which is above reproach and free from any
indiscretions or acceptance of gratuities or favors which cast doubt or suspicion upon themselves or
the department which employs them.
10.02 SPECIFIC CONDUCT AND RESPONSIBILITIES
A. HAMC employees shall not use their official position for personal gain. Public influence and
confidential or “inside” information must never be used for personal advantage.
B. Conflict of interest laws (ARS 38-501 et seq.) must be observed. Employees must disclose their
interest in the official records of the employing department and shall not participate in or vote for
any contract, sale, purchase, or service in which they have an interest.
C. Employees shall not act in a private capacity which may be construed by the public as an official act
without prior written approval of their appointing authority.
D. An employee shall not accept or directly or indirectly solicit anything of economic value as a gift,
gratuity, favor, entertainment, or loan which is or may appear to be designed to, in any manner,
influence official conduct, particularly from a person who is seeking to obtain contractual or other
business or financial arrangements with the HAMC, or who has interest that might be substantially
affected by the performance or non-performance of the employee’s duty. This provision does not
prohibit:
1. Acceptance by an employee of food and refreshments of insignificant value on infrequent
occasions in the course of a meeting, conference, or other occasion where the employee is
properly in attendance
2. Solicitation or acceptance by an employee of loans from banks or other financial institutes on
customary terms to finance proper personal activities of the employee
3. Acceptance of unsolicited advertising or promotional material such as pens, pencils, calendars
and other items of nominal value
HAMC EMPLOYEE MERIT SYSTEM RULES 27

E. The employee shall not directly or indirectly use or allow the use of HAMC property of any kind,
including property leased to HAMC, for other than officially approved activities. All employees have
a duty to protect and conserve HAMC property, including, equipment, supplies and other property
entrusted or issued to them.
F. Employees must never permit themselves to be placed under any kind of personal obligation which
could lead any person to expect official favors.
G. Employees’ official acts must reflect impartiality. All official decisions and actions must be
determined by impersonal circumstances, free from any favoritism, prejudice, personal ambition, or
partisan demands.
H. No person shall be employed in a position in a reporting line of supervision to a relative of his or her
family. In the event a supervisor or manager determines a relative has been placed in a reporting
line of supervision, an appropriate course of action will be determined in consultation with the
Executive Director. An employee’s spouse, domestic partner, mother, father, sister, brother, son,
daughter, in-laws, half or step (e.g., a half-brother or stepchild), aunts, uncles, grandparents,
grandchildren, and custodial person are defined as “relatives” for this purpose.
I. Employees shall notify the supervisor and Human Resources in writing of any outside employment.
Employees shall not engage in outside employment or other outside activity which is not compatible
with the full and proper discharge of duties and responsibilities of their HAMC employment, or
which tends to impair their capacity to perform their HAMC duties and responsibilities in an
acceptable manner.
10.03 THE ANNUAL CONTRIBUTIONS CONTRACT WITH HUD
HAMC will comply with Section 14 of the Annual Contributions Contract (ACC) with HUD which provides
the following concerning Conflict of Interest:
A. Neither the Public Housing Authority (PHA), nor any PHA contractor, subcontractor, or agent for
operations under the ACC, nor any other entity or individual with administrative functions or
responsibility concerning contract administration under the ACC, may enter into any contract,
subcontract, or arrangement in connection with contract administration under the ACC in
which any covered individual or entity has any direct or indirect interest (including the interest
of any immediate family member), while such person is a covered individual or entity or
during one (1) year thereafter.
B. “Immediate family member” means the spouse, parent, child, grandparent, grandchild, sister, or
brother of any covered individual.
C. “Covered individual or entity” means an individual or entity that is a member of any of the following
classes:
1. A member, officer or director of the PHA, or other PHA official with administrative functions or
responsibility concerning contract administration under the ACC.
2. If the PHA is an instrumentality of a governmental body:
a. A member, officer or director of such governmental body.
HAMC EMPLOYEE MERIT SYSTEM RULES 28

b. A member, officer or director of any entity that holds a direct or indirect interest in the
instrumentality entity.
3. An employee of the PHA.
4. A PHA contractor, subcontractor or agent with administrative functions or responsibility
concerning contract administration under the ACC, or any principal or other interested party of
such contractor, subcontractor or agent.
5. An individual who has administrative functions or responsibility concerning contract
administration under the ACC, including an employee of a PHA contractor, subcontractor or
agent.
6. A public official, member of a governing body, or state or local legislator, who exercises
functions or responsibilities concerning contract administration under the ACC.
D. The PHA shall require any covered individual or entity to disclose his, her or its interest or
prospective interest in any contract, subcontract or other arrangement in connection with contract
administration under the ACC to the PHA and HUD.
E. During the term of the ACC, the PHA shall not own or otherwise possess any direct or indirect
interest in any covered unit (including a unit owned or possessed, in whole or in part, by an entity
substantially controlled by the PHA), and shall not claim or receive any administrative fee for
contract administration of a unit in which the PHA has any such interest.
F. Notwithstanding paragraph e, if the PHA is a State, or an agency or instrumentality of a State (not
including a municipality, county or other agency of local government), and provides or has provided
financing for development, repair or improvement of covered units, and holds a mortgage of the
real property to secure such financing:
1. The existence of such mortgage or interest shall not be considered a conflict of interest under
paragraph e, (provided that the PHA has not obtained any other ownership interest in the
property, by exercise of its remedies as mortgagee or otherwise), and in such case, paragraph
“E” shall not bar the PHA from claiming or receiving an administrative fee for contract
administration of such covered units.
2. The PHA shall fully disclose such mortgage or interest to HUD, including any defaults by the
mortgagee or borrower under such mortgage, and any actions considered or taken by the PHA
to enforce the mortgage or the terms of such financing against the owner or the real property.
HUD may require the PHA to take measures or actions necessary to assure that the PHA’s
interest as lender or mortgagee does not prejudice the PHA’s full and vigorous performance of
contract administration services for the covered units in accordance with the ACC, or may
amend Exhibit B and C of the ACC to withdraw such covered units, and the funding for such
units, from the scope of the ACC.
G. HUD may waive the conflict of interest requirements for good cause. Any covered individual or
entity for whom a waiver is granted may not execute any contract administration functions or
responsibility concerning a HAP contract under which such individual is or may be assisted, or with
respect to a HAP contract in which such individual or entity is a party or has any interest.
H. No member of or delegate to the Congress of the United States of America or resident
commissioner shall be admitted to any share or part of the ACC or to any benefits which may arise
from it.
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10.04 FEDERAL PROCUREMENT REGULATIONS
When utilizing grants or other funds from HUD for the procurement of goods or services from third
parties, the Authority must take care to ensure the following:
A. No employee, officer or agent of the Authority or sub-grantee of the Authority shall participate
in the selection, or in the award or administration of a contract supported by Federal funds if a
conflict of interest, real or apparent, would be involved. Such a conflict would arise when:
1. The employee, officer or agent of the Authority
2. Any member of his or her immediate family
3. His or her partner
4. An organization which employs, or is about to employ, any of the above, has a financial or
other interest in the firm selected for award.
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