EMS RULE REVISIONS - FINAL REDLINED VERSION.PDF

MARICOPA COUNTY EMPLOYEE MERIT SYSTEM RULES
MARICOPA COUNTY EMPLOYEE MERIT SYSTEM RULES
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: or the Resolution.
1.01 1.01 APPEAL: aA regular employee's written request that the Commission review
a suspension, involuntary demotion, dismissal, furlough or reduction in force where
permitted by the Resolution or these Rules.
1.02 1.02 APPELLANT: aA regular employee who has filed an appeal with the
Commission.
1.03 1.03 APPLICANT: a A person who has filed an application for employment
in the classified service.
1.04 1.04 APPOINTING AUTHORITY: anAn elected official, the single administrative
or executive head of a department, or the designated representative authorized to act
in this capacity.
1.05 1.05 ASSESSMENT: process Process used to evaluate the qualifications of
applicants to perform the duties of positionsa position.
1.06 AUTHORIZED RETIREMENT SYSTEM/PLAN: the statutorily-authorized Arizona
retirement system into which a County employee is required to contribute with
matching contributions by the County. (e.g., Arizona State Retirement System,
Public Safety Personnel Retirement System, County Attorney Investigators
Retirement Plan, and Corrections Officer Retirement Plan.)
1.07 BASE PAY RATE: an An employee’s established rate of pay, exclusive of
any
1.06 differentials, incentives, or other pay.
1.07 1.08 BOARD: theT h e Maricopa County Board of Supervisors.
1.08 1.09 CANDIDATE: anAn applicant approved for participation in an assessment
process.
1.10 CERTIFICATION: the list of names of qualified eligibles referred by the Director to
an appointing authority.
1.11 CLASSIFIED SERVICE: includes all positions in the county service except those
identified as unclassified (including contract) and temporary employees. However,
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employees of the Maricopa County Law Enforcement Officers Merit System shall not
be covered by this Merit System.
1.09 1.12 COMMISSION: theT h e Maricopa County Employee Merit System
Commission as created by the Resolution.
1.10 1.13 COUNTY: Maricopa County.
1.14 COUNTY ADMINISTRATIVE MANUAL: the official Maricopa County manual
containing the policies and procedures approved by the County Administrative
Officer (and where applicable, the Human Resources Director) to provide guidance
to county managers and supervisors on the proper administration of County policies
and plans.
1.15 COUNTY SERVICE: county service shall encompass all employment with the
county wherein persons are paid a wage or salary from public monies in
accordance with official entries on a county payroll. However, the county service
shall not include persons who perform services for which payment is made on a
fee, claim, or volunteer basis, independent contractors, patients, or inmates of
county institutions, teachers, employees or personnel of the various school
systems, employees in the court service as defined by the Judicial Merit System
Resolution for Maricopa County, or members of boards, commissions and
committees appointed by the Board.
1.16 CREDITED SERVICE: the amount of credited service time on account with the
authorized retirement system into which the employee currently contributes or
continuous years of service with Maricopa County, which ever is greater. For
purposes of this definition, retirement from a position in one authorized retirement
system and re-hire into a position in another authorized retirement system (i.e. from
Public Safety Personnel Retirement System into Arizona State Retirement System)
on the next business or scheduled work day does not constitute continuous service.
1.17
1.11 DAYS: calendarCalendar days unless the context states otherwise requires.
1.12 1.18 DEMOTION: aA change in the assignment of a regular employee to a
lower pay graderate.
1.13 1.19 DEPARTMENT: a A county governmental unit designated as an
appointed or elected department or a special district under the annual budget for
the County.
1.14 1.20 DIRECTOR: theThe Maricopa County Human Resources Director or
designee.
1.21 DISCIPLINARY ACTION: an action taken by an appointing authority against an
employee, including oral counseling, written warning, suspension, demotion or
dismissal.
1.15 1.22 DISMISSAL: theThe involuntary separation of a regular employee for
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disciplinary reasons or as a result of unsatisfactory serviceperformance, inability for
medical reasons or any other cause established by the Board.
1.16 1.23 ELIGIBLE: aA person who has attainted a passing score on anmet standards
based upon the established assessment process for a specific type of job.
1.17 1.24 ELIGIBLE LIST: An official list of eligibles for a particular job used by the
appointing authority for selection for employment in the classified service.
1.18 EMPLOYEE: aA person who is in the county service.
1.25 FAMILY MEDICAL LEAVE ACT (FMLA): the Family and Medical Leave Act (29
5.S.C. § 2601 et seq.), the federal regulations implementing the FMLA (29 C.F.R.
Part 35) and applicable case law. The FMLA allows eligible employees to take job-
protected leave, or to use available paid leave if the employee has sufficient
accruals, for up to a total of 12 work weeks in a twelve (12) month period. The
FMLA allows, and this policy requires, employees to use Personal Leave or
Family/Medical Leave for FMLA leave if accruals are available.
1.26 FMLA-QUALIFYING EVENT:
1. The birth of a child and to care for the newborn child;
2. The placement of a child with the employee for adoption or foster care;
3. The employee’s care of a immediate family member (as defined by the
FMLA) with a Serious Health Condition; or
4. The employee’s own Serious Health Condition.
1.27 1.17 FURLOUGH: aA furlough is mandatory unpaid leave imposed on
classified 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 Merit Rule 9.02). Furloughs are not suspensions or involuntary demotions for
purposes of Rule 10 (“Section 16 (“Employee Appeals”) of thesethe Employee
Merit System RulesResolution.
1.28 18 HEARING OFFICER: aA person, not in the county service, appointed by
the
Commission or its chairman to hear appeals on behalf of the Commission.
1.19 1.29 INITIAL PROBATION: aA specified period of time following the
employment, or reemployment, of an employee in a budgeted position during which
the work performance of the employee is evaluated. An initial probationary
employee serves in an unclassified status, and may be released from initial
probation for or without cause.
1.20 1.30 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 classified 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.
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1.21 JOB ANNOUNCEMENT: theThe official public issuance of notice that a
recruitment is being conducted.
1.31 MARICOPA COUNTY EMPLOYEE COMPENSATION PLAN: the plan approved
by the Board of Supervisors establishing Maricopa County’s employee
compensation strategy and addressing related matters.
1.22 1.32 MARKET RANGE TITLE: A title assigned to a group of positions performing
similar or related duties and responsibilities.
1.23 MARKET RANGE TITLE ADJUSTMENT: The assignment of a position to another
market range title that is at 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.
1.24 POSITION: aA specific employment, whether occupied or vacant, involving duties
requiring the services of one person.
1.33 PROBATIONARY EMPLOYEE: a person who is serving an initial probation period
in the classified service.
1.25 1.34 PROMOTION: the The movement of an employee to a different
position control number at a higher pay graderate through an announced
recruitment process.
1.26 1.35 REASSIGNMENT: aA change in the assignment of an employee from one
position control number to another within the same market range title, under the same
appointing authority, and at the same base pay graderate.
1.36
1.27 REDUCTION IN FORCE (RIF): theThe separation, from County employment, of a
regular employee for reasons of lack of funds, lack of work, or abolishment of position.
1.28 1.37 REGISTER: an officialREFERRAL LIST: The list of names and associated
employment applications of qualified eligibles for a particular job which shall be
usedreferred by the Director to an appointing authority for selection for employment in
the classified service.
1.29 1.38 REGULAR: The status an employee occupyingachieves when retained in a
position of the classified position who has successfully completed anservice
following the successful completion of the initial probationaryprobation period.
(This should no be confused with an employee who is eligible to be considered for
benefits.)
1.30 1.39 RESOLUTION: theThe Maricopa County Resolution of December 22, 1969
that established the Maricopa County Employee Merit System effective January 1,
1970 and all subsequent amendments.
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1.31 1.40 RESPONDENT: theThe county department or elected office against which an
appeal is filed.
1.41 SERIOUS HEALTH CONDITION: an illness, injury, impairment or physical or
mental condition that is defined as a serious health condition by the FMLA. Such
conditions generally involve:
1. inpatient care in a hospital, hospice, or residential medical care facility;
2. a chronic condition, such as asthma; or,
3. a continuing regimen of treatment by a health care provider for more
than three (3) consecutive days.
1.32 1.42 SUSPENSION: an involuntary leave The temporary separation of an
employee from his or her position without compensation of a regular employeepay
for disciplinary reasons.
1.33 1.43 TRANSFER: aA movement of an employee from a position under one
appointing authority to anothera position under a different appointing authority at the
same pay rate as a result of a competitive recruitment process, or when part or all of
the functions of one department are transferred to another department.
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RULE 2 - GENERAL PROVISIONS
2.01 PURPOSE
The purpose of these Rules is toTo implement the requirements of the Resolution
which establishes for Maricopathe County a system of personnel administration based on
merit principles.
2.02 RULES
A. These Rules shall apply to all classified positions in the county service.
B. Amendments to the Rules may be made by the CommissionBoard of Supervisors
from time to time in accordance with the Resolution.
2.03 CERTIFICATION OF PAYROLLS
The Director or designee, in cooperation with disbursing authorities, shall provide for such
audit and certification of personnel service payments as is necessary to insure that all
persons in the county service, for whom claim for payment of salaries or compensation is
made, are holding positions as provided by law and these Rules. The Director or
designee may withhold certification from a payroll or any specific item or items thereon for
failure to comply with the Resolution or these Rules.
2.04 DIRECTOR’S DUTIES
A. To serve as the executive and administrative head of the Maricopa County Human
Resources Department and the Employee Merit System; to program, direct, and
supervise all of its administrative and technical activities.
B. To attend all meetings of the Commission and provide for the recording of the
minutes of its proceedings and be the official custodian of all its records, and keep
the members of the Commission informed of all important matters occurring in the
administration of the personnel program.
C. To establish and maintain a roster of all classified employees of the county in
which there shall be set forth as to each position and employee, the compensation
band title, position control number, the salary, and any other necessary data.
D. To appoint, under the provisions of the Resolution and these Rules, such
employees and such experts and special assistants as may be necessary to carry
out effectively the provisions of the Resolution and Rules subject to budget
limitations and any laws pertaining thereto.
E. To formulate and prescribe administrative procedures and forms consistent with
these Rules and to publish them with reasonable instructions and guides in the
form of personnel manuals.
F. To develop, in cooperation with appointing authorities and others, training,
educational, and staff development programs for employees in departments
covered by these Rules.
G. To announce, recruit, assess, and otherwise provide staffing services to the
departments as provided for in these Rules.
H. To make and publish a fiscal year-end report regarding the work of the Department
and the Commission, and such special reports as may be requested by the
Commission or other appropriate authorities.
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I. To perform other acts and functions consistent with the Resolution and these
Rules necessary or desirable to carry out their purpose and provide personnel
administration for the county service.
J. All duties of the Director may be subject to delegation.
2.05 PERFORMANCE APPRAISAL
A. The Director shall develop a performance appraisal system and all employees in
the classified service shall be evaluated in accordance with this system at
established intervals of not more than 12 months.
B. Performance appraisals shall be considered in determining training needs, salary
advancements, the order of reductions in force, transfer, and as a means for
identifying employees who should be promoted, demoted or dismissed.
2.06 PROGRAMS FOR EMPLOYEE DEVELOPMENT
The Director shall cooperate with appointing authorities in developing and promoting
programs for employee training, safety, morale, work motivation, health, retirement
counseling, and welfare.
2.07 EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES
The Director may establish a placement program for individuals with disabilities, and, with
the approval of the Commission, establish special procedures that may vary the
assessment, certification and selection procedures for the established placement
program for individuals with disabilities.
2.08 MEMBERSHIP IN ORGANIZATIONS
A. Employees in the classified service may join and hold office in any employee
organization, labor union, or professional association in which they are eligible for
membership, provided that such employee organization, labor union or
professional association is not organized for any illegal purpose or primarily
engaged in activities contrary to law, and provided further that membership in such
organization does not create a conflict of interest.
B. No person in the county service shall attempt to prohibit or intimidate any
employee in the classified service from belonging to or holding office in any lawful
organization.
C. Membership in such organization shall not be considered in any personnel action,
including promotion, demotion, suspension or dismissal.
2.09 EMPLOYEE CONCERNS RESOLUTION PROCEDURE
A. The Director shall establish a procedure to address employee concerns through
which employees may obtain information regarding the terms and conditions of
their employment, and to ensure that management discretion is exercised in a
reasonable manner.
B. The procedure of each department shall conform to the established procedure.
2.10 DISCRIMINATION IN EMPLOYMENT
The Director shall establish a procedure to address employee complaints regarding
discrimination in employment. No appointing authority shall, because of the political
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affiliations, race, sex, religion, color, national origin, ancestry, age, disability, or any other
non-merit factor (as determined by the Maricopa County Employee Merit System
Commission) of any person:
A. Refuse to appoint or promote any individual.
B. Suspend, demote or discharge an employee from a position in the classified
service.
C. Discriminate in compensation or in terms, conditions and privileges of employment.
D. Refuse to review any complaint based on discrimination, including disability, by an
employee regardless of status or an applicant.
2.11 REPRISALS
An appointing authority shall not take disciplinary or punitive action against an employee,
nor impede or interfere with the exercise of the employee’s right of review, appeal, or of
any other employee right under the Resolution or these Rules.
2.12 RECORDS AND REPORTS
A. Personnel Action Forms: The Director shall prescribe personnel action forms
which departments shall use to report personnel actions and status changes as
required. The Director shall inform the departments which personnel actions and
status changes must be reported.
B. Department Personnel Records: The Director shall prescribe necessary
information and the general format for department personnel records.
2.13 SERVICE OF NOTICE
Unless otherwise provided by law or these Rules, whenever any notice, paper or
document notice is to be given to or served upon any person or department by the
Commission or the Director, such notice, paper or document may be personally served or
it may be served by certified mail to the last known residence or business address
of the addressee. Service is complete and effective upon mailing.
2.14 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 thereby.
provision to other persons or circumstances, shall not be affected thereby.
2.15 CONFLICT05 NONCONFORMITY WITH FEDERAL AND STATE REQUIREMENTSLAWS OR
REGULATIONS
AnyIf any provision of these Rules which conflicts or is inconsistent with Arizona Revised
Statues, federal law, or state laws or regulations or standards governing the grant of,
federal funds or state assistance of positions in a department shall not be applicable to
such positionslaws or regulations shall apply.
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RULE 3 - MERIT SYSTEM COMMISSION PROCEDURES
3.01 COMMISSION
MEETINGS
The Commission shall hold meetings in accordance with the Arizona Open Meeting Act
(ARSA.R.S. § 38-431 et seq,) and Section 9D of the Resolution. Meetings shall be
held as often as necessary but at least four times a year. The time and place of
meetings shall be fixed by the Commission.
3.02
AGENDA
All matters to be presented for consideration by the Commission at a meeting shall be
placed on the Commission's agenda as soon as possible. . The agenda shall be
provided to each member of the Commission prior to such meeting.
3.03 NOTICE OF
MEETINGS
A. Public notice of Commission meetings shall be given (as required by ARSA.R.S.
§ 38-
431.02).
B. . Appointing authorities shall be informed of the regular schedule of Commission
meetings. When an item of special interest to a department or departments is to be
considered by the Commission, the Director shall notify such department(s).
3.04
MINUTES
The Director shall provide for the recording of the official actions of the Commission in
its minutes. The time and place of each meeting of the Commission, the Commissioners
present, all official acts of the Commission and, when requested, a Commissioner's
dissent and reasons shall be recorded in the minutes. The Director shall have the
minutes transcribedprepared and presented for approval or amendment at the next
Commission meeting. The minutes, or a true copy, shall be open to public inspection,
except minutes of the executive session.
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RULE 4 -– ANNOUNCEMENTS AND ASSESSMENTS
4.01 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. Distribution and Duration: Job announcements for recruitments shall be by public
notice for no less than five calendar days or on a continuous basis. Every
reasonable effort shall be made to recruit qualified persons. Recruitment
information may be distributed to county departments, state employment service
offices, news media, educational institutions, and such other individuals and
organizations as the Director may deem appropriate. Announcements for internal
recruitments will be distributed to county departments, and all reasonable efforts
will be made to communicate with county employees concerning internal
opportunities.
B. Job announcements shall be by public notice and posted in a form established by the
Director. The duration and dissemination of job announcements shall be established
by the appointing authority, in consultation with the Director.
4.02 APPLICATIONS
A. Official Forms: All applications shall be on the formsin a form prescribed by the
Director. B. Filing Applications:
1. 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 and assessments held
as until the recruitment is closed. The Director deemsmay require applicants to furnish
references, evidence of education, or evidence of other qualifications as may be necessary
and desirable for staffing the county service. Such evidence shall be furnished by
applicants at their own expense.
2.
4.03 QUALIFICATIONS
Applicants will be required to furnish evidence of proof of citizenship or
authority to work in who meet the United States and evidence of identity
pursuant to the Immigration Reform Act of 1986 at the time of hire.
3. On behalf of the appointing authority, the Director may require applicants to
furnish references, evidence of education, or other qualifications as may be
deemed necessary according to the job requirements. Such evidence shall
be furnished by the applicants at their own expense.
A. C. Qualifications: Applicants who meet the minimum age requirement
of any applicable Arizona Revised Statute, the qualifications designated on the
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job announcement, and the provisions of the Resolution and, 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 ratingresult.
D.
B. Temporary Waiving of Educational Requirements: If
W it h t h e co n cu r r e n ce o f t h e D i re c t o r, an appointing authority so
authorizes,may authorize a job announcement mayt o 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 registereligible list in the same manner as other
successful applicants, and their names may be certifiedreferred to the appointing
authority. If appointedselected, they must furnish the appointing authority
acceptable evidence of their qualificationscompleted education before the
effectivetheir start date of the appointment.. Failure to complete the required
educational workcoursework will cause the removal of applicants’ names from the
registereligible list or the cancellation of their appointmentsselection.
E.
C. Disqualification of Applicants:
The Director may (1) refuse to evaluate applicants; (2) after evaluation may disqualify
such applicants; (3) remove their names from the registereligible list; (4) refuse to
certifyrefer eligibles from registersan eligible list; or (5) may consult with the appointing
authority in taking steps to remove persons already appointed, if it is found that
applicantsfor any one of the following reasons:
1.
1. Do not meet any one of the preliminary requirementsminimum qualifications
established for the position;
2. 2. Are addicted to the use of narcotics or the habitual use of intoxicants; or
3. 3. Have madeMade a false statement of material fact in the application; or
process;
4. 4. Have usedUsed, or attempted to use, political pressure or bribery to
secure an advantage in the assessment process or in the appointment to a
position in the county service; or;
5. 5. Have directly Directly or indirectly obtained information regarding
confidential assessment materials to which, as applicants, they were not entitled;
or
6. 6. Have failedFailed to submit ana completed application correctly or within the
prescribed time limits; or
7. 7. Have taken Took part in the compilation, administration, or scoring any
part of the assessmentselection process for which they are applicants; or
8. 8. Have previously beenPreviously were dismissed from a position in the
county serviceCounty employment for cause; ora disciplinary reason;
9. 9. Have been convicted of a felony; or
10. 10. Have been convicted of any crime involving the use of narcotic or habit-
forming drugs; or
11. 11. Are charged with or under indictment for any crime which upon conviction
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would cause denial of eligibility under this Rule; or
12. 12. Expiration of the eligible list;
13. Failed to respond to correspondence, appear for a scheduled assessment or
interview, or failed any phase of the selection process;
14. Indicated that they are no longer interested in the position or that they are no
longer available for selection;
15. Refused or rejected a job offer for the specific position;
16. Abolishment of the eligible list;
Otherwise have willfully violated the provisionprovisions of the Resolution or these
17. Rules.
4.03 04 NATURE OF ASSESSMENTS
A. A. Content and Nature: Applicants shall be required to meet the minimum
qualifications and assessment standards in effect at the time of application.
Assessments shall be job-related, practical in nature, and constructed or designed to
evaluate the an applicant’s knowledge, skills and/or abilities to perform the duties
usually assigned toof the position for which the applicant is being, and rated impartially.
All applicants will be assessed. Such assessments may include, but are not limited to,
the using one or any combination of the following, as defined in the job announcement:
1.
1. Written. examination;
2. 2. Oral Board.board;
3. 3. Demonstration or performance. assessment;
4. 4. Evaluation of experience, educational backgroundtraining, education, and/or
skills.;
5. 5. Other objective and job-related methods of assessment.
B. Objectivity of Ratings: All examinations, evaluations, ratings, and other
assessment instruments shall be rated impartially and as objectively as possible.
C. Conduct of
B. Assessments: Applicants shall be required to meet the position qualifications
and assessment standards in effect at the time of application. Assessments that
require in person participation by applicants shall be conducted either on a qualifying
or competitive basis as appropriate. in locations that are accessible to the general
public. Reasonable accommodation(s) will be afforded to applicants with disabilities. At
the discretion of the Director, assessments may be conducted in as many
placesphases, evaluation steps or locations in the countyCounty as necessary. When
practical and necessary, the Director may limit the number of applicants accepted to
participate in an assessment or evaluation process based upon job-related criteria.
Additionally, the Director may designate proctors, administrators, and/or assessors
from other countyCounty departments to conduct assessments under procedures
prescribed by the Director.
D. Oral Board Examinations.
C. When an oral board examination is used as part or all of, the assessment process, the
oral board shall be conducted, and a proposed rating madeapplicants evaluated by, a
panel of two (2) or more qualified, impartial individuals approved, as determined by the
Director. 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.
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D. When technical expertise is deemed necessary, as determined by the Director, subject
matter experts may be utilized in the assessment process.
4.04 05 EVALUATING ASSESSMENT RESULTS
In any assessment process, the Director shall determine the minimum rating or standing
through which eligibility on a register may be earned shall must be determined by the
Director. Such 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 may be
based uponresults in a numerical score, a weighted average of the various parts of the
assessment process, if applicable, may be used.
4.05 06 NOTICE OF ASSESSMENT RESULTS
Candidates shall receive written or oral notification of assessment results unless
otherwise specified in the job announcement.
4.06 07 RETAKING
ASSESSMENTS
A. PerformanceAt the discretion of the Director, assessments, which include but are
not limited to: multiple choice examinations or, typing tests of skillsor other scored
performance assessments may be retaken or repeated within reasonable limits of
scheduling.
B. Written tests may not be retaken for a period of 90 calendar days from the date of
the examination. In each case of a repeated written testassessment, the most recent test
scoreassessment result achieved shall be used to placedetermine the eligible’s name
oneligibility of the register.candidate.
4.07 08 INSPECTION OF ANSWER SHEET FOR WRITTEN EXAMMULITIPLE
CHOICE EXAMINATIONS
A. A. A candidate Candidates may compare histheir answer sheet for any writtenmultiple
choice examination with the scoring key for the purpose of determining whether
his their answers have been accurately scored at such location and with such
security procedures as may be designated by the Director. . A candidate must request
inspection in writing to the Director within 30seven (7) calendar days of the written exam
administration. Whennotification of assessment results. If inspection is approved by
the Director, such inspection shall be under the supervision of a Human Resources
Department staff member or other authorized representative. Answer sheets for
copyrighted or standardized examinations may be excluded by the Director from
such inspection. Candidates who review their examination, with such security
procedures, and at such a location designated by the Director. Only a candidate or the
candidate’s representative with the candidate’s written authorization may inspect a
candidate’s answer sheet.
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papers with a scoring key must wait 90 calendar days from that time before
retaking a written examination where the same test materials are to be used.
B. 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 the Director from such inspection.
4.08 09 ADMINISTRATIVE
REVIEW
Upon written request stating the basis for the request, the Director shall review the
accuracy of the determination at any step of an individual’s competitive screening or
disqualification, assessment of education and experience, or oral board rating.a selection
process. Such requestsa request must be receivedsubmitted within 30seven (7) calendar
days of the individual’s notification of evaluation resultsdisqualification from the selection
process.
4.09 10 ADJUSTMENT OF
ERRORS
A scoringAn evaluation error will be corrected if brought to the attention of the Director
within 30seven (7) calendar days of issuancenotification of an assessmentevaluation rating
to an individualapplicant. Such action shall not invalidate any certificationreferral list
already prepared or appointment.
4.10 11 SPECIAL
ASSESSMENTS
Except in the case of an error affecting an individual, or in order to provide a reasonable
accommodation under the Americans with Disabilities Act, (ADA), no individualcandidate
shall be assessed in any manner not afforded to other individualscandidates.
4.11 12 ASSESSMENT RECORDS
The Director shall be responsible for the maintenance of allrecruitment records pertinent to
assessment and applicant assessment processes pursuant to these Rules. The appointing
authority is responsible for maintaining records related to candidates selected for interview
including job related interview selection programs. criteria, interview dates and notes, and
other documentation pertaining to the final selection decisions from among the candidates
referred for consideration. Applications and other all recruitment and selection records shall
be kept during the life of the register or as long as may be required by law.
4.12 13 PREFERENCE
POINTS
An individualA candidate who is not a current employee and attains a passing score on
ana numerically scored assessment process, may have preference points added to the
final rating, prior to placement on the assessment processan eligible list in
keepingaccordance with ARSA.R.S. § 38-492.
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RULE 5 - REGISTERSELIGIBLE LISTS
5.01 RESPONSIBILITY FOR MAINTENANCE OF REGISTERSELIGIBLE LISTS
It shall be the duty of each appointing authority to notify the Director as far in advance as
possible of vacancies or anticipated vacancies and to cooperate in manpower forecasting
andstaffing, workforce planning and turnover analysis studies. . The Director shall be
responsible for the establishment and maintenance of appropriate registers and foreligible
lists, the determination of the adequacy of existing registerseligible lists, and for the
appropriate assignment of applicants to registerseligible lists.
5.02 EMPLOYMENT REGISTERS CREATION OF ELIGIBLE LIST
A. At the conclusion of an assessment processes,process(es), the Director shall
prepare a registerlist of eligible candidates or merge the names of the new eligibles with
those on the exiting register. In the case of a continuous recruitmentan existing eligible
list. The Director shall determine the order in which candidates are placed on an eligible list.
Typically, the names of eligibles shall be continuously merged in registers in alphabetical
order, or by the order of their final composite scores from thenumeric assessment(s). score,
if applicable.
B. Applicants who are current employees may be eligible for placement on the
register if:
1. They are not on initial probation (unless waived by the Director); and
2. Meet the necessary
5.03 USE OF RELATED ELIGIBLE LIST
In consultation with the appointing authority, the Director 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 the Director.
5.04 DURATION OF ELIGIBLE LIST
The duration of an eligible list shall be established by the appointing authority, in
consultation with the Director. With the concurrence of the Director, an appointing
authority may abolish an eligible list at any time in the event of an elimination of the
position requirements; and
3. Have passed the, new assessment process(es) in effect.
C. Upon written request, former regular status employees separated as a result of a
formal reduction in force shall be entitled within three months from the date of
separation, significant change(s) to have their names placed on registers for
positions for which they qualify on the same or lower pay grade as the salary held
at the time of separation. Their names shall remain on the register(s) for a period
of six months from the date of separation.
D. Although not county employees, for purposes of sections 5.02B. and C., the
county will offer reciprocal treatment for employees of the Superior Court of
Arizona in Maricopa County as provided in the Judicial Merit System for county
employees.
5.03 USE OF REGISTERS
The Director may determine the order in which registers will be used to fill vacancies.
Usually, registers will be used in the following order:
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A. First, former regular status employees on the same or higher pay grade as the
salary of the position to be filled who have been affected by a reduction in force.
B. Second, employees, but only if the employee’s score falls within 10 points of the
top non-employee.
C. Third, other eligibles in the order of their final scores.
D. Although not county employees, for purposes of sections 5.03A. and B., the
county will offer reciprocal treatment for employees of the Superior Court of
Arizona in Maricopa County as provided in the Judicial Merit System for county
employees.
5.04 USE OF RELATED REGISTERS
If a vacancy exists for a position for which there is no appropriate register, the Director
may prepare a certification list for the vacancy from one or more existing related registers.
5.05 DURATION OF REGISTERS
A. Names of eligibles will be removed from registers after six months from the date
placed on the register, unless the register is specifically extended by the Director
for a period not to exceed an additional six months.
B. The Director may abolish a register at any time in the event of a new assessment
process, changes in position duties or requirements, cancellation of a recruitment process,
or whenever an existing registereligible list has ceased to meet the needs for adequate
placement in the county serviceof the appointing authority.
5.06 05 REMOVAL OF NAMES FROM A REGISTERAN ELIGIBLE LIST
A. Removal: The Director may remove the name of an eligible from a registeran
eligible list at any time for any one of the following reasons: specified in Rule 4.03.C.
1. Any of the reasons specified in Rule 4.02E.
2. Failure of the eligible to respond to correspondence (including returned
mail).
3. Receipt by the Director or the appointing authority of any communication
from the eligible that he/she no longer desires to remain on the register or is
no longer available for appointment.
4. Refusal by the eligible of an offer of probationary appointment to county or
court service.
5. Appointment of the eligible to a position or assignment in the county or court
service.
6. Rejection of the eligible by the only department utilizing the register or, if
utilized by more than one department, rejection as a result of three
employment interviews.
7. Refusal by the eligible of three interviews.
8. Expiration of the six-month eligibility on the register, unless the register has
been extended.
9. Failure of the eligible to appear for a scheduled appointment relating to the
employment process.
10. Separation of an eligible from county or court service.
11. Abolishment of the register.
B. Notification: An eligible will be notified orally, by mail, or any other manner
prescribed by the Director, when removed from registers for either of the following
reasons:
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1. Rejection of the eligible by the only department utilizing the register or, if
utilized by more than one department, rejection as a result of three
employment interviews.
2. Abolishment of the register.
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RULE 6 - CERTIFICATIONREFERRAL AND SELECTION OF ELIGIBLES
6.01 REQUEST FOR CERTIFICATION
REFERRAL OF ELIGIBLES
Appointing authoritiesThe Director shall request certification of eligiblesrefer to fill
positionsan appointing authority a list of eligibles to continue in the classified service by
submitting an official request in the manner prescribed by the Director.
6.02 AVAILABILITY OF ELIGIBLES
Eligibles will be certified on the basis of their indicated availability for employment
consideration. It shall be the responsibility ofselection process. Only eligibles to notify
that have been placed on a referral list by the Director of any change of address or other
change affecting availability for appointment.
6.03 CERTIFICATION OF ELIGIBLES
Upon receipt of a written request fromare authorized to participate in the selection process
for a position covered by these Rules. In consultation with the appointing authority, the
Director shall certify a list of eligibles to the department. The appointing authority will
include in the request the number of eligibles to be certified which may range from a
minimum of five names to a maximum of the entire register. If the number of eligibles for a
position is fewer than five, then the number available may be certified. If more than one
position is included in the department’s request, the minimum number of eligibles certified
shall be increased by one name for each additional position.refer eligibles for consideration
based upon job-related criteria and business needs.
6.04 SELECTIVE CERTIFICATION
The Director may make a selective certification of eligibles to an appointing authority from
the appropriate register when the vacancy is for a position requiring specialized
knowledge, experience, background or qualification.
6.05 CERTIFICATION6.02
REFERRAL OF TIED SCORES
When two or more eligibles have identical final registernumeric assessment scores on an
eligible list and are tied for the last place to be certifiedreferred, all tied eligibles will be
certifiedreferred and so indicated on the certificationreferral list.
6.06 03 LIFE OF A
CERTIFICATIONREFERRAL LIST
The life of a certificationreferral list during which action may be taken should not exceed
30ninety (90) calendar days from the date of issue, unless extended by the Director.
6.07 04 SELECTION OF
ELIGIBLES
A. In order to make the best selection, the appointing authority is encouraged to
contact all eligibles certified of an employment The criteria used to identify
eligibles for invitation to interview. Under no circumstance may the appointing
authority contact fewer than five or one-half of the eligibles certified whichever is
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greater. If the number of certified eligibles is fewer than five, all eligibles must be
contacted for an employment interview.
A. B. The criteria used to identify individuals for invitation to interview shall
shall be determined and documented by the appointing authority and, must be job-
related and non-discriminatory., and is subject to review by the Director.
C. Eligibles contacted must be notified in writing of an employment interview unless
the eligible can be contacted directly.
D.
B. The appointing authority shall notify all eligibles interviewed of the results. The
appointing authority shall indicate on the formsin a form prescribed by the Director, the
action taken on each eligible., to include notification of interview results, if applicable, and
retain all selection records in accordance with applicable law. The Director shall ensure
notification of all other eligibles of the results of the selection process.
E.
C. The appointing authority may check references and investigate the eligibles’
education and work history. verify information contained in an eligible’s application to
assist in determining an applicant’s overall suitability for employment. If the results of
these checks and investigations indicatesuch inquiry indicates the falsification of
material fact on the application, the appointing authority shall inform the Director in
writing.
F.
D. The appointing authority’s selection must be from among the eligibles certifiedreferred
and may be subject to a post-offer, pre-employment background investigation.
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RULE 7 -– INITIAL PROBATIONARY PERIOD
7.01 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
probationaryinitial probation period shall be a minimum of six (6twelve (12) months; it,
and may be extended by the appointing authority for up to six (6) additional months.
The Director, upon written application and justification from an appointing authority,
may establish a probationary period of one (1) year for a specific position which may
be extended for up to six (6) months.
7.02 INITIAL PROBATION
A. A new or rehired employee, including those who previously served as temporary,
unclassified and/or contract employees, selected for a regular status position
through certification from a register, in accordance with these Rules, must serve
the established initial probationary period upon his/her most recent hire into a
classified position.
B. If in the judgment of the appointing authority, the employee does not meet the
required performance standards, the appointing authority may either extend the
probationary period, demote or release the employee. In any case, the
employee must be given written notice of the action taken by the appointing
authority prior to the expiration of the established probationary period or the
employee will be considered to have successfully completed the probationary
period.
C. An employee may be suspended, demoted or released at any time during the
probationary period without right of appeal.
7.03 PROMOTIONAL PROBATION
B. An employee who is promoted shall serve the established probationary period in
the new position. If in the judgment of the appointing authority, the employee does
not meet the required performance standards, the appointing authority may either
extend the probationary period or attempt to place the employee in another
positioninitial probation period, demote the employee to another position within the
department 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 appointing
authority prior to the expiration of the initial probation period or the employee will be
considered to have successfully completed initial probation.
A. If the appointing authority determines that the probationary period is to be
extended, the employee must be given written notice of the extension prior to the
expiration of the probationary period or the employee will be considered to have
successfully completed the probationary period.
B. If the appointing authority determines that the employee has failed to complete
the probationary period, the employee must be reverted to an available position
at a lower pay grade within the department for which the employee qualifies,
except that if the employee was promoted from a different department and there
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is an available vacant position at a lower pay grade in the former department for
which the employee qualifies, the employee may be placed in that position with
the concurrence of the former appointing authority.
C. An employee shall be dismissed only if efforts to find another available position
are unsuccessful. The only basis for appeal of such dismissal is that the
appointing authority failed to comply with the procedures stated in
7.03 B; an appointing authority’s decision that the employee failed to
successfully complete promotional probation may not be appealed.
D. NOTE: An available position is a position that the appointing authority of a
department has determined there is a need to fill, is funded, and that the appointing
authority has been authorized to fill. No appeal may be based upon an appointing
authority’s decision not to fill or fund a particular position.
C. An initial probationary employee does not have any appeal rights under these Rules.
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RULE 8 - TRANSFERS, PROMOTIONS, REASSIGNMENTS, DEMOTIONS,
FURLOUGHS
8.01
TRANSFER
A. A. An employee who has successfully passed initial probation may apply forAs a
transfer result of selection from a position under onecompetitive recruitment, an
appointing authority may approve an employee's transfer to another position under a
different appointing authority. department. The employee must give proper notice to
the losing appointing authority. Proper notice is defined as two weeks, but not longer
than thirty (30) calendar days as agreed to by the affected departments.
B.
B. In the event that part or all of the functions of one department are transferred to
another department, the affected employee(s) of the transferring department shall not
be required to serve an initial probation period, and shall be accepted as transfers by
the receiving department at the same base pay graderate unless the receiving
department has no need for the particular position(s). In the latter event, the Rule
concerninga reduction-in-force will apply.
C. With the concurrence of the losing and gaining appointing authorities and
affected employee, the Director 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.
8.02 PROMOTION
Vacancies in the classified service shall be filled by competitive promotion whenever
practicable and in the best interest of the county. Promotions shall be made in
accordance with the procedures established in these Rules.
8.03 REASSIGNMENT
At the discretion of the appointing authority, employees may be reassigned from one
position control number to another under the same appointing authority at the same pay
grademarket range title at the same base pay rate, or a position and current incumbent
may be reassigned from one appointing authority to another appointing authority based
upon business needs. In such cases, the affected employee shall not be required to serve
an initial probation period.
8.04 03
DEMOTION
A. An employee with regular status may be involuntarily demoted for cause.
A. B. An by an appointing authority .
B. An appointing authority may approve an employee's written request for a
voluntary demotion to another position control number within the same department. 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.
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In such cases, the demotion will be deemed to have been made on a voluntary basis
and there shall be no right of appeal. A copy of the employee's written request shall
be filed with the Director by the appointing authority.
C. When
C. In any instance, when an employee is demoted, the employee must meet the
qualifications and assessment process(es) in effect for that position at the time of
demotion.
8.05 04
FURLOUGHS
A. Furloughs are a means of accomplishing a budget reduction initiative brought on byA
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.
B. Furloughs should be used as a secondary measure to accomplish a budget
reduction when reductions in force would significantly impact a department’s
work force that the department would no longer be able to effectively perform its
mandated or primary functions.
1. To the extent possible, furloughs and reductions in force contemplated as
part of a budget reduction initiative should be addressed in a department’s
budget proposal submitted to the Office of Management and Budget
(OMB) for the forthcoming fiscal year. All tentative department budgets
will be submitted to the Board for approval. Every department
contemplating a furlough or reduction in force of its employees must
comply with any related OMB budget policies, but must at a minimum
provide an explanation why furloughs are necessary, either in addition to,
or instead of reductions in force, and must identify all market range titles
in the department that will be subject to the proposed furlough
requirements.
C. The following rules apply to the furloughs of classified employees:
1. A classified employee on furloughed status shall accrue leave and is still
eligible for holiday pay if a furlough is taken before or after a holiday, or
other paid time off, as appropriate.
2. Employees subject to a furlough will not at a later time be compensated
for their unpaid furlough days.
3. The furlough of any classified employee who is exempt from the wage and
hour requirements of the Fair Labor Standards Act (FLSA) shall be
managed in a manner that is consistent with the provisions of the FLSA
and with the provisions of any other state or federal laws that may apply.
Departments should require FLSA exempt employees to take furlough
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days over the least number of workweeks as possible.
4. Employees are not to perform any work for the County whatsoever while
they are on furlough status.
5. A classified employee subject to a furlough requirement is not entitled to
appeal the basis for or extent of a furlough. However, a classified
employee subject to a furlough requirement may appeal to the Merit
Commission 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.
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RULE 9 - SEPARATIONS AND DISCIPLINARY ACTIONS
9.01 GENERAL PROVISIONS
Except as otherwise provided in the Resolution and these Rules, the tenureemployment of
a regular employee shall continue during good behavior and the satisfactory performance
of duties in accordance with the business needs of the County.
9.02 REDUCTION IN FORCE (RIF)
A. A regular employee may be separated from the classified service through a
reduction in force whenever such an action becomes necessary because of a lack of
funds, lack of work, or abolishment of position.
B. When a reduction in force is determined by an appointing authority to be
necessary, the appointing authority will notify the Director who will establish, in
conjunction with the appointing authority, the order of the reduction in force for as
many employees as are to be separated. In determining the order of a reduction
in force for regular employees, the Director and appointing authority shall agree
upon the factors and their weightings to be used to calculate retention points. The
factors and their weightings shall be consistent and equitably applied to all regular
employees occupying substantially similar positions within the affected
department. The Director and appointing authority shall identify and agree upon
the employees whose duties warrant their being grouped together for purposes of
determining their respective retention points, and the resulting determination of the
order in which they may be RIFed.
C. The appointing authority shall attempt to place affected employees in other
available positions on the same or lower pay grade within the department for which
the employees qualify. No regular employee shall be separated through a
reduction in force while there are temporary, contract or initial probationary
employees serving under the appointing authority on the same or lower pay grade
for which the regular employee is qualified and available for assignment. The
Director will provide placement assistance to the remaining employees in
competing for other vacancies in the county service.
9.03 DISMISSALS, SUSPENSIONS, AND DEMOTIONS
A. A. The appointing authority may suspend, involuntarily demote or dismiss a regular
employee only for cause as provided in these Rules. the Resolution. Prior to such
action the appointing authority shall cause to be transmitted toprovide the employee,
a written statement indicating the action that is proposed to be taken, the sections of the
Resolution, these Rules, County administrative 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 action. Transmittal to the employee shall be made either by delivering the
letter to the employee personally or by certified mail to the employee’s last known
address on file in the official personnel file of the Human Resources Department.
proposed action.
The appointing authority shall include in the statement to the employee notice of the
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employee’s right to present reasons why the proposed action should not be taken at a
meeting with the appointing authority. The employee may choose to
waive the opportunity to present the reasons in person or, and instead, may do sosubmit
the reasons in writing. If the
B. 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.
B. The appointing authority may, after
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 appointing authority’s final decision to the employee, the Clerk of
the Board and the Director.
1.
1. Unless formal discipline is abandoned, the notice shall state that the
employee has a right to appeal in writing to the Commission within ten
business(10) calendar days from the date of personal delivery or certified mailing
of the appointing authority’s written final decision. Transmittal to the
employee shall be made either by delivering the letter to the employee
personally or by certified mail to the employee’s last known address on file in the
official personnel file of the Human Resources Department.
2.
2. In the event the appointing authority decides to increase the proposed
discipline, a new notice and opportunity to provide reasons why the action
should not be taken, shall be provided.
C. Each of the following constitutes authorized cause for suspension, involuntarily
demotion or dismissal of a regular employee under these Rules:
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.
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 of which affects the employee's suitability for
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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, including harassment, by an employee against or in
favor of another person.
16. Misuse of government property.
17. Violation of county or departmental policies or procedures.
18. Violation of Code of Ethics.
D. 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.
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 on file in the official personnel file of the Human
Resources Department.
9.04 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. However, in any case ofThe
Director may investigate the circumstances and causes of any suspension, demotion or
dismissal during an employee’s initial probationaryprobation period, the Director may
investigate the circumstances and causes for the action taken to ensure compliance with
state and federal and state law.
9.05 RESIGNATION AND RETIREMENT
A regular employee who desires to resign or retire from county service is expected to
submit a written notice to the appointing authority at least 14 calendar days prior to the
effective date of the resignation or retirement.
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RULE 10 - APPEALS
10.01 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, separated by a reduction in force or
placed on furlough statusor these Rules, may appeal to the Commission.
10.02 APPEAL
A. The appeal shall be in writing and filed with the Director or designee, as ex officio
Clerk of the Commission, not later than ten business days following the date of
personal delivery or certified mailing of the final decision of the appointing authority.
The appeal shall be considered filed when received by the Director.
B. The appeal shall, state the facts upon which it is based, and specify the action
requested of the Commission. The appeal shall provide in sufficientsufficiently detail the
necessary facts and identities of all persons or departments concerned in a manner that
the Commission may understand the nature of the situation and appeal. Unless the
appeal names some other respondent, the appointing authority who initiated the
appealable action shall be considered the respondent. A copy of suchThe appeal shall be
forwardedconsidered filed when received by the Director to the appointing authority of the
employee and to the Commission.
10.03 ANSWER
No answer to the appeal is required. If an answer is filed prior to the hearing, a copy
thereof shall be sent by the Director or hearing officer to the appellant. If no answer is
filed, every relevant and material allegation of the appeal is in issue, but in any case,
irrelevant and immaterial issues may be excluded.
10.04 HEARING OFFICERS
An appeal may be assigned by the Commission or its chairperson 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 Commission (in accordance with 10.07), 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 Commission itself 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 Commission or its chairperson from
withdrawing such assignments and conducting the hearing itself or from reassigning an
appeal to another hearing officer.
10.05 TIME FOR HEARING
Every hearing shall be scheduled to commence within Within twenty (20 business) calendar
days from receiptthe filing of anthe appeal by, the Commission unlessshall set a date for
the hearing. The time isfor hearing may be extended upon mutual consent of the parties or
upon good cause shown to the assigned hearing officer.
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10.06 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 the Director 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.
10.07 NATURE OF HEARING
Hearings shall be closed to the public, unless the appellant requests an open 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 the case including opening statement; direct exam,
cross exam, and re-direct/re-cross of witness; objections; and closing argument. Time
spent on cross examination and re-cross counts against the total time allotted to the party
conducting the examination. The Hearing Officerhearing officer shall have the authority
to grant up to an additional seven (7) hours (total) of testimony. The Hearing
Officerhearing officer shall not allow testimony beyond fourteen (14) hours (total) without
prior approval from the Employee Merit System Commission chairman or designee. All
testimony at the hearing shall be recorded manually or by a recording device and becomes
public information at the conclusion of taking testimony.
10.08 EXCLUSION OF WITNESSES
Upon the motion of anythe 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.
10.09 COUNTY EMPLOYEES CALLED AS WITNESSES
County employees called as witnesses to attend a hearing shall be paid their base pay rate
for the time spent.
10.10 WITNESS FEES FOR OTHER THAN COUNTY 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 Maricopathe County. If a
witness is subpoenaed upon request of the appellant or respondent, the fees and mileage
shall be paid by the party requesting the witness.
10.11 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 Commission.
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10.12 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 Commission. A copy of the proposed
findings and conclusions shall be filed by the hearing officer with the Commission 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 Commission and, if requested, shall assist and advise the Commission.
10.13 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 tenfourteen (14)
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.
10.14 FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
The Commission 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 at a scheduled Commission meeting. 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.
10.15 WITHDRAWAL OF AN APPEAL
The appellant may submit a written request to withdraw an appeal to the Director at any
time prior to the decision by the Commission. Upon receipt of an employee’s written
request to withdraw an appeal, the appeal will be considered closed and no further action
will be taken by the Commission.
10.16 DECISION BY COMMISSION
A majority of the Commission members present at the meetingquorum may adopt the
hearing officer's report in its entirety, or modify it, or may itself decide the case upon the
record, with or without taking additional evidence. If, after the hearing, a majority of the
Commission members present at the meeting where the vote is taken, determine that the
action appealed from was arbitrary or taken without reasonable cause, the appeal shall be
sustained; otherwise the appeal shall be dismissed. The Commission 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 county service.
10.17 COMPLIANCE OF APPOINTING AUTHORITY
A. In the event the Commission orders the respondent to reinstate the appellant, it
may also order the respondent to reinstate the appellant with or without back pay
for such period and in such amounts as the Commission 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 Commission shall be final and shall be subject
only to administrative review as provided in ARS § 12-901 et seq.
C. The appointing authority has 35 days from the date of the decision of the
Commission to either file for an administrative review or to take such measures as
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are necessary to comply with the decision of the Commission.
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RULE 11 - CODE OF ETHICS
11.01 CONDUCT AND REQUIREMENTS IN GENERAL
A. The maintenance of high standards of honesty, integrity, impartiality and conduct
by county employees is essential to assure the proper performance of county
business and the maintenance of confidence by citizens in their county
government.
A. B. Employees shall conduct themselves in such a manner that the work of
the county 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 county.
C.
B. Employees shall observe the applicable laws and regulations governing
participation in political activities and conflict of interest, and shall avoid any
discrimination becausein accordance with Section 17 (Nondiscrimination) of race,
color, religion, national origin, sex, political affiliations, age or disability. the
Resolution.
C. Employees shall economically utilize, protect and conserve County property of
Maricopa County entrusted to them. They shall conduct all their 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 county
department which employs them.
11.02 SPECIFIC CONDUCT AND RESPONSIBILITIES
A. A. County 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 scrupulously observed.
B. Employees must disclose their interest, if any, 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. Classified employees
C. Employees shall not act in a private capacity which may be construed by the public to
beas an official act without prior written approval of their appointing authority.
D.
D. An employee shall not accept or solicit, 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 employing department, or who has interests that might be
substantially affected by the performance or non-performance of the employee's duty.
This provision does not prohibit:
1.
1. Acceptance by an employee of food and refreshments of insignificant
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value on infrequent occasions in the course of a meeting, conference, or other
occasion where the employee is properly in attendance.
2.
2. Solicitation or acceptance by an employee of loans from banks or other
financial institutions on customary terms to finance proper personal activities of
the employee.
3.
3. Acceptance of unsolicited advertising or promotional material such as
pens, pencils, calendars and other items of nominal value.
E.
E. The employee shall not directly or indirectly use or allow the use of county
property of any kind, including property leased to the county, for other than officially
approved activities. All employees have a duty to protect and conserve county
property, including equipment, supplies and other property entrusted or issued to
them.
F.
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 considerations, free from any
G. favoritism, prejudice, personal ambition or partisan demands.
H.
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 an appointing authority determines a
relative has been placed in a reporting line of supervision, an appropriate course of
action will be determined in consultation with the Director. An employee’s spouse,
domestic partner, mother, father, sister, brother, son, daughter, in-laws, aunts, uncles,
grandparents, grandchildren and custodial person are defined as "relatives" for this
purpose.
I.
I. Employees shall notify the appointing authority 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 county employment, or which tends to impair their capacity to
perform their county duties and responsibilities in an acceptable manner.
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