EMS RESOLUTION - FINAL REDLINE VERSION.DOCX

MARICOPA COUNTY EMPLOYEE MERIT SYSTEM RESOLUTION
SECTION 1. AUTHORIZATION
By this Resolution, the Maricopa County Board of Supervisors hereby under the provisions
of A.R.S. § 11-351 through § 11-3567 authorizes the creation of the Maricopa County
Employee Merit System
SECTION 2. ADMINISTRATION
The purpose of the Employee Merit System is to provide a uniform and equitable
system of personnel administration for employees in the Maricopa County classified
service.
SECTION 3. MERIT PRINCIPLES TO BE OBSERVED
The system of personnel administration for employees in the classified service shall be
based upon merit principles and free from political patronage. All actions affecting the
employment of personnel in the classified service shall be made according to merit as
demonstrated by the qualifications and work performance of the applicant or employee.
SECTION 4. DEFINITIONS
The following words and terms shall have the meaning indicated below unless the context
clearly indicates otherwise:
A. Appeal. A regular employee's written request that the Commission review a
suspension, involuntary demotion, dismissal, furlough or reduction in force where
permitted by these Rules this Resolution.
Appointing Authority. An elected official, single executive head of a department,
or the designated representative authorized to act in this capacity.
C. Board. The Maricopa County Board of Supervisors.
D. Commission. The Maricopa County Employee Merit System Commission as
created by this Resolution.
E. County. Maricopa County.
F. Demotion. A change in the assignment of a regular employee to a lower pay
g-r-aderate.
G. Department. A county governmental unit designated as an appointed or elected
department or a special district under the annual budget for the County.
H. Director. The Maricopa County Human Resources Director or designee.
EMP4OYEE MERIT SYSTEM RULESRESOLUTION R-1 Revised 5- 20- 0915

I. Disciplinary Action. An action taken by an appointing authority against
an employee, including oral counseling, written warning, suspension, demotion
or dismissal.
J. Employee. A person who is in the county service.
K. Furlough. A 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 Section 16 ("Employee Appeals") of this Employee
Merit System Resolution.
L. Initial Probation. A specified period of time following the employment of
an employee in a budgeted position during which the work performance of the
employee is evaluated. An employee may be released from initial probation for
or without cause.
M. Position. A specific employment, whether occupied or vacant, involving
duties requiring the services of one person.
N. Promotion. The movement of an employee to a different position control
number at a higher base pay gr-a-Glerate through an announced recruitment
process.
0. Regular, The status an employee achieves when retained in a position of
the classified service following the successful completion of the initial probation
period.
Suspension. The temporary separation of an employee from his or her position
without pay for disciplinary reasons.
SECTION 5. COUNTY SERVICE
The 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. 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.
EMPOYEE MERIT SYSTEM RULESRESOLUTION R-2 Revised 5- 20- 0915

SECTION 6. CLASSIFIED SERVICE
The classified service shall include all positions in the county service except those
identified as unclassified, . dcontract or temporary employees.
However, employees of the Maricopa County Law Enforcement Officers Merit System
shall not be covered by this Resolution.
SECTION 7. UNCLASSIFIED SERVICE
Within the county service there shall be the unclassified service which shall include all
positions identified in ARS § 11 352(A)-aid (B), by the Board as R-v-ot-R-e-F-Do
expressly authorized as unclafi-cel-by applicable state law.
SECTION 8. HUMAN RESOURCES DEPARTMENT
A. There shall be in Maricopa County government a human resources
department, the executive head of which shall be the Human Resources
Director who shall be responsible to the Commission for the accomplishment of
all personnel functions assigned by the Board to the Commission and
responsible to the Board through the County Administrative Officer or designee
for all other personnel functions in both the classified and the unclassified
service.
B. In the human resources department tThere shall be a Commission of five
members appointed by the Board with the powers and duties hereinafter
enumerated. The Commission shall advise the Director, the County
Administrative Officer and the Board concerning employment matters relating to
their scope of authority as directed by the Board or required by state law.
SECTION 9. EMPLOYEE MERIT SYSTEM COMMISSION
A. Each member of the Board shall nominate a Commission member from among
the qualified electors, subject to appointment by the Board. The individual shall
support the application of merit principles in public employment. No more
than three of such members shall be from the same political party. No-membef
cal, state, or national commit/cc
of-a-political party or an offioer--or--age-ila-ber •-a-R-1-Sa-R-19-G e
club or organization, or shall hold, or be a candidate for any elective public office
Re-so-144+9-R
B. Each member shall hold office for a term of four years. Of the members
first appointed, two shall serve a two-year term, two a three-year term and one
shall serve a four-year term. In order to maintain the staggered term
expiration dates, the following process will be followed: If a member is not
reappointed upon the expiration of his/her current term nor is a new
member appointed, the current member will continue to serve out the new
term until a successor is appointed and qualified. The successor, when
appointed, shall serve out the unexpired portion of the new term. Appointment to
fill a vacancy caused by other than expiration of term shall also be for the
unexpired portion of the term.
C. A member of the Commission may be removed by the Board for cause. In
addition, any one of the following shall constitute the resignation of a
EMPLOYEE MERIT SYSTEM RULESRESOLUTION R-3 Revised 5- 20- 0915

Commissioner and authorize the Board member for the District in which the
resignation occurred to appoint a new member to fill the unexpired term so
vacated:
1. Absence from three consecutive regular meetings without being excused by
the Commission.
2 Becoming a candidate for any elective public office cept as defined by
this -Rese
3. Accepting any appointive office or employment in the county service of the
state, or a county, city or town.
D. At its first meeting of each year, the Commission shall elect one of its members
as chairman. It shall conduct meetings at such times and places as shall be
specified by call of a majority of the Commission or of the chairman. At least
four meetings shall be held each year. Three members shall constitute a
quorum for the transaction of business. A majority of the quorum may take legal
action in all areas of the Commission's duties and powers.
SECTION 10. POWERS AND DUTIES OF THE COMMISSION
The Commission 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 Commission to:
A. Cause the Director to prepare such policies and procedures as it may
find necessary or appropriate for the administration of the Merit Rules in
accordance with A.R.S. § 11-356.
B. Represent the public interest in the improvement of personnel administration in
the county service.
C. Advise the Board, County Administrative Officer and Director of
el administratie
D. Advise and assist in fostering the interest—of—in-stitutions—of—lear-fii-hg,
e-ofganizations in the impfevemeht-ef-pefsehhe-1
standards in the county seiee,
Review actions concerning the administration of personnel in the county
service a: •• :•• - - -de-tieh-s-te-th-e-Boafd.
Serve as the independent personnel board for the county under A.R.S. § 38-
532(H) and to adopt policies and procedures as it may deem necessary or
appropriate under such authority.
SECTION 11. APPOINTMENT AND DUTIES OF THE DIRECTOR
A. The Director shall be a person who has had experience in the field of
public personnel administration and supports merit principles in public
employment.
B. The Director, as executive head of the human resources department, shall direct
and supervise all of its activities. In addition to the duties imposed
elsewhere, it shall be the duty of the Director or designee to:
1. Attend meetings of the Commission and act as its secretary and keep
minutes of its proceedings.
EMPLOYEE MERIT SYSTEM RULESRESOLUTION R-4 Revised 5- 20 - 0915

2. Establish and maintain a roster of all employees in the county service, in
which there shall be set forth, as to each employee, the job title, pay, status
and other pertinent data.
3. Appoint such employees of the human resources department and such
special assistants as may be necessary to carry out effectively the
provisions of this Resolution.
4. Develop, in cooperation with appointing authorities and others, programs for
the improvement of employee effectiveness including training, health,
counseling and welfare.
5. Review the operation and effect of this Resolution and of the Rules and
report findings and recommendations to the Commission, the County
Administrative Officer and the Board.
6. Perform any other lawful act considered necessary or desirable to carry out
the purposes and provisions of this Resolution.
7. Make annual reports to the Board and Commission and such special reports
as considered desirable regarding personnel administration in the county
service and recommendations for improvements.
SECTION 12. MERIT SYSTEM RULES
A. The Director shall prepare and submit to the CommissiGn—p-reposedBoard
proposed Rules for the classified service. Reasonable notice shall be given
to all app
views-thereon-
taken by the Board within 60 days after submission, then the Rules or
iiii auioni
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. Vacancies shall be filled by
promotion when 419-1-s
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 appointing authority to a position
under a different appointing authority.
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.
EMPLOYEE MERIT SYSTEM ROLESRESOLUTION R-5 Revised 5- 20- 0915

10. Establishment of a plan for resolving employee concerns and
GAM-pi
1410. Such other Rules, not inconsistent with this Resolution, as may be
proper and necessary for its enforcement.
SECTION 13. 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 board, demonstration of skill, other
assessment techniques which may be developed or any of the above in
combination.
SECTION 14. MINIMUM QUALIFICATIONS
The minimum qualifications prescribed for any county employment shall not be less
than those prescribed by law. Changes to the minimum qualifications prescribed for any
county 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 15. SUSPENSION. DEMOTION, DISMISSAL
A. An appointing authority may discipline, 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 A.R.S. § 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 which affects the employee's suitability
for continued employment.
13. Discourteous treatment of the public or fellow employees.
EMPLOYEE MERIT SYSTEM RULESRESOLUTION R-6 Revised 5- 20- 0915

14. Improper political activity as proscribed by state or federal law or by this
Resolution.
15. Unlawful discrimination, and discrimination prohibited by Section 17 of this
Resolution, 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 the Code of Ethics.
B. An appointing authority, subject to A.R.S. § 11-356 and these Rules may
suspend a regular employee for cause without pay for a period not exceeding 30
calendar days for any single cause. The appointing authority shall give the
employee written notice of the intention to effect 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 the Director prescribes.
C. An appointing authority, subject to A.R.S. § 11-356 and these Rules may
demote a regular employee for cause from a position in any given pay g-raderate
to a position iwith a lower pay g-raderate for which the employee possesses
necessary qualifications. The appointing authority 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 Director prescribes.
D. An appointing authority, subject to A.R.S. § 11-356 and these Rules may dismiss
a regular employee for cause. The appointing authority 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 the Director 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.
In addition to the causes prescribed herein, the Commission or the Board
may establish other causes that are deemed necessary.
SECTION 16. APPEAL BY EMPLOYEE
A. Any regular employee who is suspended, involuntarily demoted or dismissed
may appeal to the Commission. The appeal shall be in writing and filed with the
Director or designee, as ex officio Clerk of the Commission, not later than ten
EMPLOYEE MERIT SYSTEM RULESRESOLUTION R-7 Revised 5- 20- 015

lauei-hesscalendar days following the date of personal delivery or certified mailing
of the written notice suspending, demoting, or dismissing the employee by the
appointing authority. If mailed, the notice shall be sent to the employee's last
known address.
B. A copy of such appeal shall be forwarded by the Director to the
appointing authority. The ex officio Clerk of the Commission shall thereupon
assign a time and place for a hearing and shall give notice thereof to all parties
concerned. Within 20 calendar days from the filing of the appeal, the
Commission shall commenceset a date for the hearing to either affirm, modify,
or revoke the appeal, or continue the hearing date for good cause shown.
C. The appellant may appear personally, produce evidence, have legal counsel or
lay representation. Unless requested otherwise by both partiest -1-4e
appellant, 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 Commission may request the Board to issue and enforce subpoenas
to compel attendance of any person and the production of documents relevant to
the issues in the appeal.
E. Both the employee and appointing authority shall be notified reasonably in
advance of the hearing. The Commission, or a duly appointed hearing officer,
shall conduct 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. If, after the hearing, a majority of the Gem -m-i-s5i919-members present at-the
mecting whore the vote is takeh-4eteR4Re-quorum determine that the action
appealed from was arbitrary or taken without reasonable cause, the appeal shall
be sustained;otherw -is-eif a majority of the quorum find the action appealed was
not arbitrary or taken without reasonable cause, the appeal shall be dismissed. If
there is no majority vote, no action on the appeal may be taken.
G. The Commission shall - recommend to the Board 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.
H. The findings and decisions of the Commission shall be final and shall be
subject only to administrative review as provided in A.R.S. § 12-901 et seq. The
appointing authority shall have 35 ca lendar days from the date of the
decision of the Commission to either file for an administrative review or to take
such measures as are necessary to comply with the decision of the Commission.
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
Commission only on the grounds that the calculation of the employee's
retention points was inaccurate and resulted in that employee being selected
for separation before another.
1,J. An employee who has been subject to a furlough may file an appeal with the
Commission only on the grounds that that the furlough was imposed in an
arbitrary manner that negatively impacted the employee more than other
EMPLOYEE MERIT SYSTEM RULESRESOLUTION R-8 Revised 5- 20- 0915

similarly situated employees in the employee's division in the same market
range title.
SECTION 17. NONDISCRIMINATION
dDiscrimination, as defined by state or federal law, and this Section, in any
manner by a county official, appointing authority, or employee against or in favor of any
applicant or employee because of race, gender, religion, color, national origin,
age, of- disability, sexual orientation, pregnancy, veteran status, genetic information
or any other characteristic defined by law or Board approved policy shall be
prohibited.
SECTION 18. POLITICAL ACTIVITY
A. It is the intent of Maricopa County 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
county 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,, except than an employee may:
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 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;
EMPLOYEE MERIT SYSTEM RULE-SRESOLUTION R-9 Revised 5- 20- 0915

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;
10. Campaign for or against ballot issues, referendum questions, constitutional
amendments, municipal ordinances, etc.
DE. A regular employee shall not engage
en-4uty7-whi . e u-blic expense unless-
or federal law. Regular employees holding positions in the Maricopa County
Elections Department and any other regular employee who may have exclusive
possession and control over ballots, shall be prohibited from engaging in the
activities permitted other regular employees pursuant to Section 18.GO.6. through
GD.9. in any election to be tabulated by Maricopa County. Regular employees
serving as legal counsel to the elections department on a particular matter shall be
prohibited from engaging in the activities permitted other county employees
pursuant to Section 18.GD.6. through GD.9. in an election for that particular matter.
EF. 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.
G. The provisions of this section shall not apply to Precinct Committeeman elections
and a regular employee may serve as a Precinct Committeeman unless the
employee holds a position and performs an activity which is funded in whole by
federal loans or grants.
€1-1. A regular employee shall not be discriminated against for engaging in or not
engaging in any activity permitted by this section.
GI. 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.
1=IJ. Any person in the county service who violates any of the provisions of this section
shall be subject to disciplinary action up to and including dismissal.
SECTION 19. 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, the Commission is authorized to vary the terms of its Rules to the extent
nec-essary to comply with law and/or conditions established for federal and state grants
state or federal law or regulations shall apply.
SECTION 20. COMPLIANCE
When dealing with regular employees, appointing authorities shall conform to,
comply with, and aid in carrying into effect the provisions of this Resolution and the
Rules adopted hereunder.
EMPOYEE MERIT SYSTEM RULESRESOLUTION R-10 Revised 5- 20- 0915