Extracted text (via pymupdf)
186929 characters
{00596998.1}
CITY OF MESA
PERSONNEL RULES
EFFECTIVE DATE
July 1, 2026
Sharepoint/sites/hr/personnelrules
{00596998.1}
THE PERSONNEL RULES BOOK
IS A HANDBOOK AND NOT A CONTRACT OF EMPLOYMENT.
IT IS SUBJECT TO CHANGE
AT THE DISCRETION OF THE MESA CITY COUNCIL.
{00596998.1}
TABLE OF CONTENTS
PAGE
CHAPTER 1: GENERAL ................................................................................................................................1
SECTION 110. DEFINITIONS ....................................................................................................................1
SECTION 120. GENERAL PROVISIONS ................................................................................................7
SECTION 130. APPLICABILITY ................................................................................................................7
SECTION 140. EQUAL EMPLOYMENT POLICY STATEMENT ..........................................................7
SECTION 150. PERSONNEL RECORDS ...............................................................................................7
CHAPTER 2: EMPLOYMENT .......................................................................................................................9
SECTION 210. GENERAL EMPLOYMENT PROVISIONS ...................................................................9
SECTION 220. ELIGIBLE LISTS .............................................................................................................11
SECTION 230. RECRUITMENT ..............................................................................................................12
SECTION 240. EXAMINATIONS .............................................................................................................12
SECTION 250. CERTIFICATION, SELECTION, AND APPOINTMENT ............................................13
SECTION 260. EMPLOYMENT OF RELATIVES ..................................................................................14
SECTION 270. PUBLIC SERVICE EMPLOYMENT PROGRAMS .....................................................14
CHAPTER 3: CLASSIFICATION AND COMPENSATION ....................................................................15
SECTION 310. CLASSIFICATION ..........................................................................................................15
SECTION 320. SALARY PLAN ................................................................................................................15
SECTION 330. PERFORMANCE INCREASES AND DECREASES .................................................18
SECTION 340. STABILITY PAY ..............................................................................................................19
SECTION 350. OVERTIME ......................................................................................................................20
SECTION 360. STAND-BY AND CALL-OUT PAY ................................................................................21
SECTION 370. EXECUTIVE/ADDITIONAL BENEFITS .......................................................................21
CHAPTER 4: BENEFITS ..............................................................................................................................22
SECTION 410. ABSENCE FROM WORK ..............................................................................................22
SECTION 420. PAID TIME OFF ..............................................................................................................22
SECTION 421. HOLIDAYS .......................................................................................................................23
SECTION 422. VACATION TIME ............................................................................................................24
SECTION 423. SICK TIME .......................................................................................................................27
SECTION 424. BEREAVEMENT TIME ..................................................................................................35
SECTION 425. INDUSTRIAL INJURY PROGRAM - WORKERS’ COMPENSATION LEAVE .......35
SECTION 426. JURY DUTY OR WITNESS TIME ................................................................................36
SECTION 427. MILITARY LEAVE ...........................................................................................................36
SECTION 430. UNPAID TIME OFF.........................................................................................................36
SECTION 440. SPECIAL LEAVES ..........................................................................................................36
SECTION 450. FAMILY AND MEDICAL LEAVE ...................................................................................36
SECTION 460. CRIME VICTIM RIGHTS ACT .......................................................................................37
SECTION 470. SHORT-TERM DISABILITY BENEFIT ........................................................................37
SECTION 480. INSURANCE PROGRAMS - HEALTH & WELFARE .................................................37
SECTION 490. TRAINING PROGRAMS ................................................................................................38
CHAPTER 5: CONDITIONS OF EMPLOYMENT ....................................................................................39
SECTION 510. STANDARDS OF CONDUCT .......................................................................................39
SECTION 520. WORK RULES ................................................................................................................40
SECTION 530. PERFORMANCE EVALUATIONS ...............................................................................41
{00596998.1}
SECTION 540. PROBATION ...................................................................................................................41
SECTION 550. ALCOHOL ANDDRUG, TESTING .................................................................................43
SECTION 560. ADMINISTRATIVE LEAVE ............................................................................................43
CHAPTER 6: CHANGES IN ASSIGNMENT .............................................................................................44
SECTION 610. PROMOTION ..................................................................................................................44
SECTION 620. TRANSFER .....................................................................................................................44
SECTION 630. SPECIAL ASSIGNMENT ...............................................................................................44
CHAPTER 7: GRIEVANCE ..........................................................................................................................46
SECTION 710. DEFINITION ....................................................................................................................46
SECTION 720. GRIEVABLE AND NON-GRIEVABLE ISSUES ..........................................................46
SECTION 730. GRIEVANCE PROCESS ...............................................................................................46
CHAPTER 8: CORRECTIVE ACTION AND DISCIPLINE ......................................................................48
SECTION 810. TYPES OF CORRECTIVE ACTION; NON-DISCIPLINARY AND DISCIPLINARY;
PROGRESSIVIE DISCIPLINE ..................................................................................................................48
SECTION 820. DISCIPLINE AGAINST CLASSIFIED (NOT AT-WILL) EMPLOYEES; DUE
PROCESS ....................................................................................................................................................48
SECTION 830. AT-WILL EMPLOYEES ..................................................................................................57
SECTION 840. COUNTING TIME ............................................................................................................57
CHAPTER 9: SEPARATIONS.....................................................................................................................58
SECTION 910. RESIGNATION ...............................................................................................................58
SECTION 920. REDUCTION IN WORKFORCE ...................................................................................58
PROFESSIONAL CONDUCT (ETHICS) .....................................................................................................59
LOYALTY OATH ............................................................................................................................................60
City of Mesa Personnel Rules
Page 1
{00596998.1}
CHAPTER 1: GENERAL
SECTION 110. DEFINITIONS
The following words and phrases used in these Rules have the defined meanings unless otherwise
clearly indicated by the context.
Administrative Leave - Management-directed time off with pay for an employee that is not charged
against the employee’s paid time off categories.
Alcohol – Any beverage, mixture, or substance containing ethyl alcohol (ethanol), including but not
limited to beer, wine, distilled spirits, and products intended for consumption; and any substance –
consumable or non-consumable – that can impair judgment, performance, safety, or behavior due to its
alcohol content.
Anniversary Date - The date on which an employee's eligibility for paid time off accruals is based.
Announcement - The public notice of examination to fill positions by open competition, or the notice to
employees of an examination to fill positions from within the City.
Applicant - A person who has filed a valid application for employment.
Appointment - The placement of a qualified individual (following examination or other evidence of
competence) in an at-will position.
At-Will Employee - An at-will employee (previously referred to as unclassified) is not protected by the
merit system, serves at the will and pleasure of the City, and may be dismissed at any time, with or
without cause and without right of appeal. Such employees include part-time employees, seasonal
employees, temporary project employees, grant funded employees, employees on initial regular
probation, and generally, but not exclusively, those serving in administrator-level positions and above.
The City Manager has the discretion to designate positions as at-will when they become vacant.
Benefited Part-Time Employee - An employee who is budgeted to work a minimum of forty (40) hours
per pay period on a fiscal year basis (fifty-two [52] weeks per year) and is eligible for regular part-time
benefits. A benefited part-time employee is at-will. (See Management Policy 320 - Benefited and Non-
Benefited Part-Time Employee Benefits)
Benefited Full-Time Employee - An employee who is budgeted to work a minimum of forty (40) hours
per week on a fiscal year basis (fifty-two [52] weeks per year) and is eligible for regular full-time benefits.
(See Management Policy 320 – Benefited and Non-Benefited Part-Time Employee Benefits)
Biweekly Pay - Includes the employee’s current range and step and any components of pay (not
including overtime) for the pay period before taxes and voluntary deductions.
Candidate - An applicant who has successfully completed the selection process and is being considered
for employment.
City Manager Designee - For purposes of these rules, a “City Manager designee” includes but is not be
limited to: Assistant City Manager, Deputy City Manager, Chief Financial Officer, City Attorney, City
Magistrate, City Clerk, and City Auditor. The City Manager may designate other positions as such when
City of Mesa Personnel Rules
Page 2
{00596998.1}
deemed appropriate.
Classification - (Class) A group of positions sufficiently similar as to duties performed, scope of
discretion and responsibility, minimum requirements of training, experience, or skill, and such other
characteristics that the same title and the same pay range apply to each position in the group.
Class Title - The designation given to a class, each position allocated to the class, and to the occupant
of each position.
Classified Employee - All City employees in designated classified positions who have passed an initial
regular probation period.
Classified Position - A position with a designated initial regular probationary period.
Common Review Date - A common date of July 1 in which employees are evaluated for step pay
increases.
Components Of Pay - Extra compensation given to an employee who has additional and/or specialized
knowledge, skill and ability that meets the City’s requirements for such extra compensation (for example:
bilingual compensation, hazardous materials, toxicology paramedic, advanced life support, etc.).
Contract Worker - An individual who is not employed by the City of Mesa and has been retained to
perform services for the City under a contractual agreement and is left free to do the contracted work and
to choose the method for accomplishing it.
Corrective Action Plan - A written plan that alerts an employee about a performance problem and
provides a period of time to correct the performance problem. The plan outlines the supervisor’s
performance expectations, steps to be completed by the employee and warns the employee of the
potential consequences for failing to complete the plan successfully. A corrective action plan is signed
by the employee, or a witness (if the employee refuses to sign) and shall be forwarded to the Human
Resources Department for inclusion in the employee’s official personnel file. (See Management Policy
339 - Implementing Corrective Action and Discipline)
Criteria-Based Promotion - The advancement of an employee from one class to another class (with a
higher maximum pay range) in a class series based on pre-approved criteria, without a competitive
examination. In most instances, the class eligible for a criteria-based promotion will be a trainee or entry-
level position not yet functioning at a “full performance” level. Full performance includes the ability to
perform journey-level duties in a class that requires independence and/or duties with a higher level of
difficulty. (See Management Policy 343 - Criteria-Based Promotions)
Critical City Services Personnel - All full-time non-sworn employees in classifications where the
number of employees available to perform the function is limited (minimum staffing); the function requires
specialized skills; or failure to perform the function may have serious consequences.
Days - Calendar days unless otherwise stated.
Department - A major unit of the City government.
Department Director - The City employee responsible for the operation of a department.
Disciplinary Probation - In accordance with the Personnel Rules, Section 540 D., an employee may be
placed on disciplinary probation for violations of the Standards of Conduct listed in Section 510 of the
City of Mesa Personnel Rules
Page 3
{00596998.1}
Personnel Rules. (See Section 820 B. and Management Policy 339 - Implementing Corrective Action
and Discipline)
Dismissal - Considered the fourth (4th) level of formal discipline. Dismissal is the separation of an
employee from City of Mesa employment.
Division - A unit of a department.
Dock Status - Unpaid time away from work.
Drugs - Any chemical that has a physiological effect when absorbed or otherwise introduced into the
body. A drug includes substances that (a) are illegal under Arizona law as set forth in A.R.S. § 13-3401
et seq., (b) are prescribed by a licensed medical practitioner, or (c) are available over-the-counter or from
a dispensary.
Effective Hourly Rate (Effective Rate of Pay) - The employee’s base hourly rate of pay (pay range and
step).
Elimination Period - A period of time after a covered disability commences before short-term or long-
term disability benefits can begin.
Essential Personnel - Full-time sworn fire and police employees in classifications where the number of
employees available to perform the function is limited (minimum staffing); the function requires
specialized skills; or failure to perform the function may have serious consequences.
Examination - The evaluation procedure used to determine the relative qualifications of applicants.
Executive Benefits Plan - A plan, considered by the City Council during budget hearings, that provides
a flexible pay scale and additional benefits to attract and retain management personnel.
FLSA - Federal Fair Labor Standards Act, and amendments.
Grievance - A grievance is an allegation by a classified employee that the Personnel Rules or the written
rules and procedures of any City department have been misinterpreted or misapplied as to that employee;
or that the employee has been denied a regularly scheduled step pay increase.
Hire Date - The date an individual begins work.
Human Resources Director - (See Personnel Director)
Initial Regular Probation - Formerly known as original City probation. A stipulated time period beginning
at hire or rehire to the City that a full-time employee must successfully complete in order to be protected
by the Merit System.
Involuntary Demotion - Considered the third (3rd) level of formal discipline. An involuntary demotion
is the movement of an employee from one (1) class to another class having a lower maximum rate of
pay. (See Management Policy 339 - Implementing Corrective Action and Discipline)
Job Share - Two (2) employees filling one (1) full-time budgeted position by each employee working
one-half (½) of the regular work shift. (See Management Policy 321 - Job Sharing)
City of Mesa Personnel Rules
Page 4
{00596998.1}
Management Policy - Provides Citywide policy statements, administrative regulations, and associated
procedures for the efficient and effective operation of the organization and the administration and
execution of Citywide matters. Management policies are created and modified at the sole discretion of
the City Manager.
Non-Benefited Part-Time Employee - An employee appointed to perform the duties of a position for
nineteen (19) hours or less a week on a fiscal year basis and is not eligible for benefits. A non-benefited
part-time employee is at-will. (See Management Policy 320 – Benefited and Non-Benefited Part-Time
Employee Benefits)
Paid Time Off - The time an employee is absent from work but receiving pay. Paid time off categories
include, but are not limited to: observance of a recognized City holiday, vacation, sick, compensatory
time, discretionary time, voting, jury duty/witness, bereavement, administrative leave, and donated time.
Refer to Management Policy 400 for a complete list of all paid time off categories.
Part-Time Employee - Includes all benefited and non-benefited part-time employees unless otherwise
stated. See definitions for benefited part-time employee and non-benefited part-time employee.
Performance Appraisal - The evaluation of an employee's performance of job duties and
responsibilities.
Personnel Director - The Personnel Director position title is required by the Mesa City Charter; however
the working title for this position is Human Resources Director.
Pre-Deprivation Hearing - A hearing where a classified employee is given an opportunity to present
reasons, either orally or in writing (or both) as to why a proposed disciplinary reduction in pay, disciplinary
action of suspension (of more than twenty (20) working hours), involuntary demotion, or dismissal, is not
warranted. (See Management Policy 339 - Implementing Corrective Action and Discipline)
Probation - A pre-determined period of time during which an employee is required to demonstrate ability
to perform the duties of the job in a satisfactory manner.
Probationary Employee - An employee who has not completed the probationary period for a rehire,
reinstatement, or new hire.
Promotion - The advancement of an employee from one (1) class to another class with a higher
maximum rate of pay.
Qualified - Meeting the minimum qualifications as defined in the job description plus any special
requirements that may be published for that position.
Rater - The individual who completes the Performance Appraisal Form.
Reclassification - Changing the classification of a position when a material change in duties or
responsibilities occurs.
Open Competitive List - A list of qualified applicants for an open competitive recruitment.
Reduction in Workforce (RIWF) List: A list of employees who are laid off or placed in another position
as a result of a reduction in workforce.
City of Mesa Personnel Rules
Page 5
{00596998.1}
Regular Full-Time Employee - A person who is appointed to a full-time position that requires working
a full schedule or regular workweek for the job class, who has successfully passed a probationary
period.
Regular Rate Of Pay - An hourly rate of pay determined by dividing the total compensation actually
earned for the normal non-overtime workweek by the total number of hours worked. Includes all
remuneration for employment paid to, or on behalf of, the employee, except payments specifically
excluded under Section 7(e) of the FLSA.
Reinstatement - An employee who has resigned or been separated in good standing and is rehired into
a position at the same or lower range as that held at the time of separation. Reinstated employees serve
a new probation period.
Reinstatement List - A list of names of persons qualifying for reinstatement.
Resignation - Notice from an employee indicating their intention to terminate employment with the City.
Retirement - Any employee covered by either the Elected Officials’ Retirement Plan, Elected Officials’
Defined Contribution Retirement Plan, Public Safety Personnel Retirement System or the Arizona State
Retirement System who has reached the designated age and possesses the appropriate number of years
of service, and who elects to receive an annuity benefit from either plan.
Salary Adjustment - An increase in an employee’s pay based on the needs of the department with
approval of the Human Resources Director and the Department Director. An increase in pay above five
percent (5%) must be approved by the City Manager, Assistant City Manager or City Manager Designee.
Seasonal Employee - A person who is appointed to perform the duties of a position that requires staffing
during certain parts of each year. Seasonal employees are hired for a defined period of time in support
of a specific program (e.g., Summer Recreation or Aquatics). A seasonal employee is non-benefited and
at-will. (See Management Policy 320 – Benefited and Non-Benefited Part-time Employee Benefits)
Section - A unit of a division.
Separation - The end of employment with the City of Mesa via resignation, reduction in workforce,
retirement, dismissal, or death.
Service - Duties or work performed.
Special Leave - Any authorized time-off in excess of thirty (30) consecutive calendar days that is not
covered by the Family Medical Leave Act (FMLA), Crime Victims’ Rights Act, Military Leave, or any
additional authorized time-off required after exhaustion of FMLA.
Step Pay Increase - A salary increase within the limits of a pay range established by class.
Suspension - Considered the second (2nd) level of formal discipline. The employee is released from
work duties for a specified period of time without pay. The suspension form is signed by the employee
or a witness (if the employee refuses to sign) and shall be forwarded to the Human Resources
Department for inclusion in the employee’s official personnel file. (See Management Policy 339 -
Implementing Corrective Action and Discipline)
City of Mesa Personnel Rules
Page 6
{00596998.1}
Temporary Agency Worker - A person employed by a temporary employment agency and on
assignment to the City of Mesa. (See Management Policy 331 - Temporary Agency Workers on
Assignment to the City)
Temporary Project Employee - Appointments either full or part-time, generally for a period of less than
one hundred-eighty (180) days.
Termination - The end of employment with the City of Mesa via resignation, reduction in workforce,
retirement, dismissal, or death.
Transfer - The movement of an employee from one (1) position in the City of Mesa to another position
in the City at the same pay range.
Unpaid Time Off - The time an employee is absent from work and is not receiving pay. The following
are examples of unpaid time off: industrial dock, voluntary dock, disciplinary dock, absent without
authority dock.
Voluntary Demotion – A demotion at the request of the employee to another class having a lower
maximum rate of pay. A voluntary demotion is not considered a disciplinary action.
Written Counseling - A memo from a supervisor that documents and counsels an employee about a
performance and/or behavior issue, and identifies potential consequences should the problem continue.
Written counseling is not considered formal discipline. Written documents of this nature, regardless of
title, shall be maintained in the employee’s workstation file. (See Management Policy 339 - Implementing
Corrective Action and Discipline)
Written Reprimand - Considered the first (1st ) level of formal discipline . A written reprimand is written
documentation to make an employee aware of unacceptable conduct or performance. (See Management
Policy 339 - Implementing Corrective Action and Discipline)
City of Mesa Personnel Rules
Page 7
{00596998.1}
SECTION 120. GENERAL PROVISIONS
A.
Delegation of Authority: Unless otherwise stated in these Rules, upon approval by the City
Manager, authority granted in these rules to the Assistant City Manager, Deputy City Manager,
or City Manager designee may be delegated.
B.
Availability of Funds: The granting of any compensation in these Rules is contingent upon the
availability of funds, as determined by the City Manager. In addition, the City of Mesa works to
provide its employees with benefits and employment conditions that are desirable, but the City
must and does reserve the right to change benefits and employment conditions when deemed
reasonable to do so by the Mesa City Council or City Manager.
C.
Conflict with Federal or State Requirements: Any provision of these Rules that conflicts or is
inconsistent with state or federal rules, regulations or standards shall not be applicable to any
department.
D.
Service of Notice: If any document or notice is to be given to any person or department, the
notice or document may be served personally, e-mail, or by U.S. mail to the last known residence
or current business address of the addressee. Unless otherwise provided by law or these Rules,
notice is complete upon mailing.
E.
Correction of Errors: The Human Resources Director may correct a manifest error or clear
inequity affecting an employee or an applicant for employment.
SECTION 130. APPLICABILITY
These Rules are applicable to all classified employees and positions in the City, and to all at-will
employees and positions unless a specific chapter or section is excluded from applicability for at-will
employees or positions. In the event there is a conflict between these Rules and a Memorandum of
Understanding (MOU) entered into through the Meet and Confer process set forth in Management Policy
358 - Meet and Confer, the Personnel Rules will take precedence and will apply to those eligible
employees as defined in Management Policy 358.
SECTION 140. EQUAL EMPLOYMENT POLICY STATEMENT
The City of Mesa is committed to being an Equal Opportunity Employer, as set forth in Section 902 (A)(1)
of the City Charter. Appointments, promotions, reclassifications, transfers, compensation, training,
reduction in workforce, dismissals or any other type of personnel actions will be based on merit, fitness,
or other factors determined to be nondiscriminatory, and without regard to race, color, national origin,
age, disability, religion, sex, sexual orientation, gender identity and expression, veterans’ status,
pregnancy, marital status, or genetic information, or any other class or characteristic protected under
federal, state, or local law.
SECTION 150. PERSONNEL RECORDS
A.
Content: An employee's official personnel file shall contain:
1.
Employee’s application for employment
City of Mesa Personnel Rules
Page 8
{00596998.1}
2.
New employee hire form
3.
Loyalty Oath
4.
Personnel changes
5.
Notices of promotion
6.
Disciplinary forms and employee responses, (e.g., grievances and appeals)
7.
Final performance appraisals
8.
Corrective Action Plans
B.
Access: An employee shall have access to their official personnel file during normal City
business hours.
C.
Access to Other Files: The presence of copies of any item listed in Subsection A in any other
informational file concerning an employee shall not in itself confer upon such employee any
immediate right of access to such file.
D.
Control: The official personnel file will remain in the control of the Personnel Office, unless
otherwise ordered by a court of competent jurisdiction.
City of Mesa Personnel Rules
Page 9
{00596998.1}
CHAPTER 2: EMPLOYMENT
SECTION 210. GENERAL EMPLOYMENT PROVISIONS
A.
Citizenship: Applicants for sworn law enforcement positions must be United States citizens.
Applicants for all other positions must present evidence of United States citizenship, or status as
a legally registered alien who has a right to work, prior to beginning employment.
B.
Age:
1.
The only minimum age requirement for employment in the City of Mesa is that imposed
by state law on the employment of minors.
2.
The minimum age for the initial employment of recruit police patrol officers and recruit
firefighters shall be as designated in administrative regulations.
C.
Residency: The City Manager will designate those employees required to live in the incorporated
City limits. Any change in a City employee's residency status shall be reported to the Human
Resources Department within fourteen (14) working days.
D.
Physical and Mental Disabilities: Physical and mental conditions of an applicant for City of
Mesa employment shall be disqualifying only if they are of a nature which will preclude the full
performance, with reasonable accommodation, of the essential functions of the position.
Evaluation of physical and mental condition shall be conducted by a physician or other health
care practitioner designated by the City.
E.
Pre-Employment Requirements: All individuals recommended for employment with the City of
Mesa are required to pass a criminal background check and may be required to pass a driving
record check if applicable to the position. Individuals recommended for employment may also be
tested for alcohol and drugs . (See Section 550 and Management Policy 316 - Alcohol and/or
Drug Free Workplace)
1.
Fingerprinting: The City of Mesa shall obtain a full set of fingerprints from the persons
identified in this Section. Exceptions to this Section may be made by the Human
Resources Director based on operational needs.
a.
For persons in groups 1) – 4) below, the City of Mesa shall forward those
fingerprints for the purpose of obtaining a state and federal criminal history records
check. These criminal record checks shall be done in accordance with Arizona
Revised Statutes (ARS) Section §41-1750 and Public Law 92-544.
At the discretion of the Department Director and with approval of the Human
Resources Director, employment may begin prior to the City receiving Department
of Public Safety (DPS) and Federal Bureau of Investigation (FBI) criminal records
results; however, individuals who start employment before DPS and FBI criminal
records results are received must be closely supervised if the individual is
anticipated to be in contact with minors, disabled or homebound individuals.
1)
All prospective City employees eighteen (18) years of age and over
(including prior City employees being rehired or reinstated), and
City of Mesa Personnel Rules
Page 10
{00596998.1}
2)
All current City employees who turn eighteen (18) years of age and have
not previously submitted fingerprints (except seasonal employees who turn
eighteen [18] years of age during the season, shall only be required to
submit a full set of fingerprints to the City as a returning staff member in the
subsequent season, if applicable), and
3)
All seasonal employees eighteen (18) years of age and over who have not
provided services to the City of Mesa for a period of twelve (12) months or
more, and
4)
All non-City workers (examples: temporary agency workers, contract
workers, volunteers, etc.) eighteen (18) years of age and over who are
anticipated to be in contact with minors, disabled or homebound persons,
or work in security sensitive areas, unless previously fingerprinted for the
City within the last twelve (12) months.
b.
For all prospective employees, temporary workers, independent contract workers,
or volunteers in groups 1) – 4) below, the City’s Police Department shall use those
fingerprints to conduct an Arizona Criminal Justice Information System (ACJIS)
criminal history record search and provide clearance:
1)
Police Department criminal justice positions;
2)
Justice Administration positions within the City Court or Prosecutor’s Office;
3)
Facilities maintenance positions servicing the Police Department; and
4)
Information Technology Department and Communications positions
performing maintenance or support services on Criminal Justice Systems
as authorized by ACJIS regulations.
2.
Pre-employment/pre-placement drug and alcohol testing: Individuals recommended
for employment/placement into “safety sensitive” positions shall successfully pass an
alcohol and drug alcohol test prior to the hire/placement date, if applicable. (See Section
550
-
Alcohol
and
Drug
Testing)
3.
Driving Record: The City of Mesa shall obtain driving records for persons recommended
for employment in which driving is a requirement of the job.
F.
Academic Achievement: All postsecondary academic achievements required to meet the
minimum qualifications of a position must be attained in an academic institution recognized by an
accrediting association, as determined by the Human Resources Director.
G.
Loyalty Oath: Every officer and employee of the City of Mesa shall take and subscribe to the
Loyalty Oath prescribed by state law.
H.
Outside Employment: A regular full-time employee may engage in outside employment, if the
employment does not adversely impact the employee’s City work and does not create a conflict
of interest or the appearance of a conflict of interest with the employee’s City job. An employee
who wishes to engage in outside employment shall inform their Department Director in writing
about the scope and nature of the outside employment. The employee may be asked to choose
City of Mesa Personnel Rules
Page 11
{00596998.1}
between their City of Mesa employment and their outside employment if it is found that the outside
employment interferes with the employee's duties with the City.
I.
By accepting employment with the City, employees assign to the City all rights to patent or
otherwise protect inventions or intellectual property of any kind the employee may develop on City
time, or with City property, or arising out of their City duties and responsibilities.
SECTION 220. ELIGIBLE LISTS
A.
General: A classified position vacancy in the City of Mesa may be filled first by any employee
who, by direction of the City Manager or designee, is being transferred or demoted into the class
of that position. An at-will position vacancy may be filled by appointment on the basis of merit
and fitness demonstrated by examination or other evidence of competence. Persons appointed
to at-will positions must meet minimum qualifications as determined by the hiring authority and
Human Resources.
B.
Eligible Lists: If there are no employees to be transferred or demoted to a class, the Human
Resources Director shall forward names from lists established for that class. Consideration for
hire must first be given to qualified candidates who are on a reduction in workforce (RIWF) list.
Consideration may then be given to candidates on a promotion list, reinstatement list, or open
competitive list.
C.
Duration on Lists: Candidates remain on lists as follows:
1.
Reduction in Workforce (RIWF) List: (See Management Policy 353 - Reduction in
Workforce [RIWF])
2.
Promotion Lists: Generally, four (4) months or until the employee is promoted or
separates from City of Mesa employment, whichever occurs first, or until fewer than three
(3) candidates remain on the list. A promotion list may be extended one (1) time, not to
exceed the duration of the original list, upon the request of the Department Director with
approval of the Human Resources Director. Requests for extension must be made prior
to the expiration date of the original list.
3.
Sworn Promotional Lists: The duration of the promotion lists for Police Sergeant, Police
Lieutenant, Fire Engineer, Fire Captain, and Battalion Chief shall be a minimum of six (6)
months, not to exceed a maximum of two (2) years, upon request of the Police Chief or
Fire Chief with the approval of the Human Resources Director. The duration of the list will
be stated on the promotional job announcement. A sworn promotional list may be
considered expired if fewer than three (3) candidates remain on the list.
4.
Reinstatement Lists: One (1) year from effective date of request for reinstatement. (See
Section 250 E)
5.
Open Competitive List: The duration of this eligible list is generally four (4) months or
until fewer than three (3) candidates remain on the list. An open competitive list may be
extended one (1) time, not to exceed the duration of the original list, upon the request of
the Department Director with approval of the Human Resources Director. Requests for
extension must be made prior to the expiration date of the original list.
D.
Insufficient Candidates: If the Human Resources Director determines that there is an
insufficient number of appropriately qualified candidates with the necessary preferred skill sets on
City of Mesa Personnel Rules
Page 12
{00596998.1}
existing lists, the Human Resources Director may expire the list(s) and/or initiate a recruitment to
fill a vacancy.
SECTION 230. RECRUITMENT
A.
Notice of Vacancies: Public notice of position vacancies in the City of Mesa shall be
accomplished by posting announcements of the vacancies by such means as the Human
Resources Director shall direct.
B.
Applications: All applications for City of Mesa classified employment shall be submitted on the
forms designated by the Human Resources Director. The applications must be submitted during
the time period specified in the announcement. All applications and any accompanying
documentation become the property of the City of Mesa and shall not be returned.
C.
Disqualifications: Applicants for classified positions may be denied further examination
processing for any of the following reasons:
1.
Failure to meet the minimum qualifications specified in the announcement.
2.
Failure to submit a complete and accurate application.
3.
Misstatement of any pertinent fact on the application.
4.
Previous dismissal from City of Mesa classified employment for cause.
5.
Lack of a satisfactory performance rating at the time of a previous resignation.
6.
Lack of physical or mental ability with reasonable accommodation to perform the essential
functions of the position.
7.
Fraud or deception in the application process.
D.
Confidentiality: All applications are confidential and may be reviewed only by the applicant, an
individual who has written notarized authorization from the applicant, City officials in the normal
line of duty, or officials acting in response to court orders, public records requests, or subpoenas.
SECTION 240. EXAMINATIONS
A.
General: To ensure compliance with equal employment opportunity standards and test
construction validity, the Human Resources Director has authority for reviewing and approving
employment examination and related selection processes. All examinations for City of Mesa
classified employment shall be designed to reveal the ability to perform the type of work for which
the applicant has applied. All examinations shall be job-related. Employees or other individuals
who participate on oral boards or other applicant examination processes shall not have
relationships with applicants that could represent a conflict of interest or compromise the validity
of the testing and selection process.
B.
Types of Examinations: Examinations shall include, but not be limited to, all or part of the
following: written tests, interviews, performance tests, physical agility tests, evaluation of work
performance, examination of work samples, medical tests, evaluation of training and experience,
or any combination of these tests.
City of Mesa Personnel Rules
Page 13
{00596998.1}
C.
Preference Points: Preference points authorized by ARS §38-492 will be added to any
applicant's score after the final rating is determined, provided that a passing grade has been
earned without the addition of preference points.
D.
Notice of Examination Results: Examination results shall be communicated to each applicant
after the rating has been completed.
E.
Adjustment of Errors: The Human Resources Director shall correct any error in the rating of an
examination; provided, however, that any such correction shall not invalidate any appointment of
any other applicant previously made.
F.
Preparation of Eligible Lists: After each recruitment the Human Resources Director shall
prepare an EligibleList.
SECTION 250. CERTIFICATION, SELECTION, AND APPOINTMENT
A.
Certification of Candidates: Upon receipt of a request from a department to fill a vacancy, the
Human Resources Director shall send a list containing the names of all persons on the appropriate
eligible list to the Department Director or City Manager designee. The Department Director or
City Manager designee may interview and select any person on the list regardless of placement
on the list with the exception of the Reduction in Workforce List. (See Section 220.C)
B.
Notification of Candidates: The Human Resources Director or designee shall notify all
candidates selected for interview of the date, time, and place of the interview.
C.
Appointing Authority: The City Manager or designee shall appoint successful candidates to
vacant positions. The Human Resources Department or Department representative shall notify
the successful candidate of the date, time, and place at which the candidate must report to
commence work. The Human Resources Department shall make arrangements for orientation of
new personnel.
D.
Temporary Project Appointment: A Department Director, City Manager designee, Assistant
City Manager, Deputy City Manager, or City Manager may select a qualified applicant (following
examination or other evidence of competence) for a temporary appointment in order to meet
project-related business needs. Project-related temporary appointments are generally less than
one hundred eighty (180) days but may not be longer than twelve (12) months without approval
by the Human Resources Director. Appointees working twenty (20) or more hours per week for
twenty (20) weeks or more must enroll in and contribute to the Arizona State Retirement System.
Time served as a temporary project-based employee is not applied toward benefits or
probationary status.
E.
Reinstatement: An employee who has resigned or been separated in good standing is entitled,
upon written application to the Human Resources Director within one (1) year of resignation, to
be placed on a reinstatement list for classes for which the former employee is qualified in the
same or a lower range as that held at the time of separation. Former employees who are rehired
into a full-time position shall serve a new probation period. All former benefited employees rehired
within nine (9) months of separation will begin accruing vacation time at the same rate they
accrued at the time of separation.. All former employees who are rehired within nine (9) months
of separation with previously accrued sick time that had not been used or paid out shall have their
sick time balance restored upon rehire. (See Sections 423.B.5. and 423.D.) Stability pay shall
not be restored. A returning sworn employee’s seniority shall also be restored to the level it was
City of Mesa Personnel Rules
Page 14
{00596998.1}
prior to the separation if rehired within nine (9) months of separation (for internal promotions and
shift bids).
SECTION 260. EMPLOYMENT OF RELATIVES
Employment of relatives of current City employees shall be governed by the provisions of ARS §§38-
481, -502, and -503 and the following paragraphs.
A.
Definition of Relative: Relative means employee's spouse, child, parent, sister, brother,
grandchild, grandparent and their spouses; and the parent, sister, brother, or child of a spouse.
Step relationships and employee court-appointed legal guardians are included in this definition.
B.
Managers and officers in the positions listed below shall not have a relative employed as a full-
time or benefited part-time employee in any position within three levels of supervision of the
manager’s or officer’s position. This Section shall not be construed to require the dismissal of an
employee who was hired before a relative is hired or promoted into one of the positions listed
below.
Assistant City Manager
City Attorney
City Manager
Deputy City Manager
Human Resources Director
C.
Mayor and City Council: Mayor and City Councilmembers shall not have a relative employed
in any City department as a full-time or benefited part-time employee. This Section shall not be
construed to require the dismissal of an employee who was hired before a relative is elected.
D.
Employing Relatives: Except as identified in Paragraphs B and C above, a relative of a current
City employee may be employed as a full-time, part-time, seasonal, or temporary project
employee, or a worker employed through a temporary employment agency, in the same
department as the currently employed relative. However, an employee shall not: (i) participate in
the hiring process of a relative, (ii) directly supervise a relative, or (iii) approve or recommend
hiring, promotions, disciplinary actions, or participate in any other employment-related decisions
for a relative. As provided in ARS §38-502(10(j), this Paragraph D does not prohibit an employee
from approving or recommending employment-related decisions affecting a class of ten or more
employees, one of whom is a relative, as long as the relative’s interest in the decision is no greater
than that of other class members. In any disciplinary appeal by a relative of the City Manager,
the City Auditor shall render the final decision.
E.
Post-Employment Relationships: In the event two (2) current employees marry, they must
comply with Section D(ii) and (iii) above, which may require one (1) such employee to submit a
request for transfer through their Department Director or City Manager designee to the Human
Resources Director. If a transfer compatible with this policy cannot be made within ninety (90)
days, then one (1) employee may be transferred at the discretion of the Department Director or
City Manager designee.
City of Mesa Personnel Rules
Page 15
{00596998.1}
CHAPTER 3: CLASSIFICATION AND COMPENSATION
SECTION 310. CLASSIFICATION
A.
General: Subject to the approval of the City Manager or designee, the Human Resources
Director shall place every City of Mesa classified employment position in a class based on its
essential functions, and shall establish and maintain a system of job descriptions for each class
in the City.
B.
Job Descriptions: Each job description shall contain the title of the class, a statement of the
essential functions of the class, knowledge, skills, and abilities within the class, and the minimum
qualifications for entry into the class. Minimum qualifications shall include educational and
experience requirements, and any special requirements that pertain, or may pertain, to all or some
of the positions within that class.
C.
Changes in Job Descriptions: The Human Resources Director may establish new classes, and
divide, combine, alter, or abolish existing classes.
D.
Changes in Job Duties: If a material and permanent change has taken place in the duties and
responsibilities of a position, the Department Director or City Manager designee may request a
reclassification study of the position (See Management Policy 329 - Classification and
Compensation). An employee who is in the position at the time of reclassification is entitled to
continue to serve in that position in the new classification.
SECTION 320. SALARY PLAN
A.
General: The Human Resources Director, with the approval of the City Manager, or designee,
will assign each class in the City of Mesa to a specific salary range.
B.
Salaries: Except as otherwise provided, all City classified employees shall be paid a salary within
the range to which their class is assigned.
C.
Entrance Rates:
1.
Except as specified below, all new employees shall be paid at a step not higher than the
midpoint of the range to which their class is assigned.
2.
If the Assistant City Manager (or designee) or City Manager designee determines that a
particular applicant has special qualifications that justify a salary higher than the midpoint
of the range, the Assistant City Manager (or designee) or City Manager designee may
authorize a special entrance rate at a higher step than the midpoint within the salary range
for that individual.
D.
Specialty Pay Scale: Under limited circumstances, the City Manager may establish position
classifications according to a specialty pay scale.
E.
Promotion:
1.
Except as specified in Paragraph 2 below, an employee who is promoted will receive a
salary that is at least the minimum of the grade/starting step of the new position, provided
that the adjustment results in an increase of at least five percent, or will otherwise receive
City of Mesa Personnel Rules
Page 16
{00596998.1}
a five percent increase.
Increases greater than the midpoint of the range shall be in accordance with approval
processes established by the City Manager.
2.
Employees who are criteria-based promoted from a Recruit classification to the Firefighter
classification or the Police Officer classification will start at the first step of the range for
these classes.
F.
Transfer: An employee transferred in the same range while remaining in the same classification
shall receive the same salary as before the transfer. If the transfer involves a lateral change(a
change in job classification that is in the same pay range), the employee’s salary may be adjusted.
G.
Reclassification:
1.
An employee whose position is reclassified to a class in the same pay range shall receive
the same salary as before the reclassification.
2.
An employee whose position is reclassified to a class in a higher pay range shall receive
the same salary as before the reclassification, unless this salary is less than the first step
of the new pay range, in which case the employee shall receive the salary of the first step
of the new pay range.
3.
a.
If an employee's position is reclassified to a lower salary range, the employee will
be placed at the lowest salary step in the new pay range that does not cause a
decrease in salary.
b.
If an employee is reclassified to a lower range, and the employee's current salary
is higher than the maximum step of the lower range, the employee shall be retained
at the current salary level until the salary range of the new pay range reaches the
level of the employee's salary.
4.
An employee whose salary range is adjusted from their current salary range to a higher
salary range based on a salary survey shall be entitled to a salary increase as indicated
in Paragraph 2 above.
5.
The City Manager may approve exceptions to this Section based on financial
considerations.
H.
Demotion: (See also Section 820)
1.
An employee who is demoted for disciplinary reasons shall be paid at the highest step in
the lower pay range that is at least five percent (5%) lower than the employee's salary
prior to the demotion. The demoted employee will be placed on disciplinary probation for
one (1) year (See Section 540.D regarding disciplinary probation and pre-deprivation
hearings with a disciplinary reduction in pay). A Department Director can remove the
employee from disciplinary probation early, if warranted.
2.
An employee who is demoted for disciplinary reasons whose new salary as computed
under Subsection G above exceeds the maximum salary of the lower range shall receive
the maximum salary of the lower range.
City of Mesa Personnel Rules
Page 17
{00596998.1}
3.
An employee who is demoted for failing to acquire or maintain the required certifications
or licenses of the position shall be demoted to the formerly held position if existing and
vacant or to a currently existing, and funded position for which the employee meets
minimum qualifications within the employee’s department. The employee's salary will be
computed as in Subsection H.1 above. If the employee’s former position is not currently
existing and vacant at the time the employee is demoted or there is not a vacant and
funded position within the employee’s department, the employee may be dismissed.
An employee who requests demotion shall be paid at a rate within the new salary range
recommended by the Department Director and approved by the Deputy City Manager,
Assistant City Manager, or City Manager designee. A voluntary demotion may only occur
if the intended position is currently existing and vacant.
4.
An employee demoted for the City's convenience will continue to receive the same salary
as before the demotion. If this salary is higher than the maximum of the new pay range,
the employee will remain at this rate until the salary range for the class reaches the
employee's salary, at which point the employee will again be eligible for salary increases.
I.
Shift Differential:
1.
a.
Shift differential is a premium paid to nonexempt employees working an eligible
shift. An eligible shift starts on or after 2:00 p.m. and before midnight. Eligible
employees who start work on or after 2:00 p.m. will receive shift differential
premium for all work performed from 3:30 p.m. to 8:00 a.m. Part-time employees
(benefited or non-benefited) will receive shift differential premium if working an
eight (8) hour shift that starts on or after 2:00 p.m. for all work performed from 3:30
p.m. to 8:00 a.m. Sworn Fire personnel and seasonal employees are not eligible
for shift differential premium.
b.
Sworn nonexempt Police Department employees and Critical City Services
Personnel shall be paid shift differential premium for working an eligible shift. An
eligible shift starts on or after 10:00 a.m. and before midnight. Eligible employees
who start work on or after 10:00 a.m. will receive shift differential premium for all
work performed from 3:30 p.m. to 8:00 a.m.
2.
Shift differential premium shall be paid to employees for hours worked over the regularly
assigned eligible shift when such work is a continuation of the regular shift and falls within
the designated hours of 3:30 p.m. to 8:00 a.m.
3.
With the exception of sick time, shift differential shall not be paid for any employee on paid
time off, as outlined in Chapter 4 of the Personnel Rules. An employee normally assigned
to an eligible shift is not eligible for the shift differential premium when working a day shift
or attending training during the day.
4.
An employee who is called back to work outside their regularly assigned shift shall receive
shift differential premium, if the shift is eight (8) or more hours, and the call back shift starts
on or after 2:00 p.m. and before midnight or on or after 10:00 am for sworn nonexempt
Police Department and Critical City Services Personnel. Employees will receive shift
differential premium for all work performed from 3:30 p.m. to 8:00 a.m. and shall be
compensated in accordance with call-out policies.
5.
Shift differential premium shall be paid according to the chart identified in Management
Policy 400 - Timekeeping and Leave Administration.
City of Mesa Personnel Rules
Page 18
{00596998.1}
SECTION 330. PAY INCREASES AND DECREASES
(See Section 530 Performance Evaluations, Section 320.H Demotion, Section 820 Demotion)
A.
Eligibility - New Employees: After initial employment in a City of Mesa classified position, an
employee becomes eligible for advancement in the employee's pay range (step pay) upon
successful completion of initial regular probation.
B.
Eligibility - Full-Time and Benefited Part-Time Employees: Full-time and benefited part-time
employees are eligible for a step pay increase upon: successful completion of initial regular
probation (for full-time classified employees) or one (1) year from hire date (for full-time at-will and
benefited part-time employees) and then annually on the common review date until the
employee’s salary reaches the maximum of the pay range.
1.
If a part-time benefited, grant-funded, or project funded employee moves into a classified
full-time position within the same department after one year, the employee will not have
to serve initial regular probation if the most recent performance appraisal review was
successful.
2.
If a part-time benefited, grant-funded, or project funded employee moves into a classified,
full-time position in a different department, the employee will serve a six-(6) month initial
regular probation period from the date of the change to classified status, which cannot be
extended.
3.
If the movement into a classified position occurs prior to one year, the employee will serve
a twelve-(12) month initial regular probation from the date of the change to classified
status.
C.
Qualifying Requirement: An employee must attain the performance rating indicated by City
Management in order to qualify for a step pay increase.
D.
Reduction in Pay Due To “Needs Improvement” Performance Evaluation: If an employee's
overall performance rating is “Needs Improvement,” the employee may receive one (1) pay
reduction not to exceed five percent (5%) per regularly scheduled evaluation. A classified
employee must be given an opportunity to attend a pre-deprivation hearing after receiving the
evaluation notifying them of the intended action, but prior to the salary being reduced. (See
Section 820.)
F.
Exceptional Performance Recognition Award: Upon approval of the Assistant City Manager,
Deputy City Manager, or City Manager designee, an exceptional performance recognition award
may be given to full-time and benefited part-time employees to recognize exceptional
performance in the employee's class. An employee may receive no more than one (1) individual
and one (1) team award during a twelve (12) month period. This award will be for a specified
amount and paid in a lump sum separate and apart from biweekly wages. After the City deducts
the appropriate amount of taxes, the amount shall be from $100 net up to $500 net. (See
Management Policy 322 - Special Performance Rewards)
Eligible employees must have been employed for one (1) year and received an overall “Meets” or
“Exceeds” Expectations rating on their most recent performance appraisal. Additionally, written
justification shall be provided to support the recommendation for an Exceptional Performance
Award. Team members considered for Exceptional Performance Recognition must have received
City of Mesa Personnel Rules
Page 19
{00596998.1}
a rating of “Meets” or “Exceeds” Expectations on their most recent performance appraisal. (See
Management Policy 322 - Special Performance Rewards).
G.
Unscheduled Pay Increases: Upon approval of the Assistant City Manager, Deputy City
Manager or City Manager designee and review by the Human Resources Director, an
Unscheduled pay increase may be processed as a salary adjustment and awarded to an
employee to recognize exceptional performance in the employee's class. This award is a
permanent increase and may be given only to employees below the maximum of the salary range
to which they are assigned. (See Management Policy 322 - Special Performance Rewards)
H.
Step Pay Review Date: When an employee returns to work after an unpaid time off of more than
thirty (30) consecutive calendar days, the employee's step pay Review Date will be deferred to
reflect the time absent from work while on the unpaid time off.
SECTION 340. STABILITY PAY
A.
Definition: Stability pay is a payment made to eligible full-time employees that is designed to
encourage and recognize continued City of Mesa employment.
B.
Eligibility:
1.
Employees hired prior to July 1, 1988, who have worked for the City of Mesa for five (5)
continuous years and are currently in a full-time position, will receive ten percent (10%) of
their pay, as set forth in Section 340.C below. The stability payment begins on the first
pay period after five (5) years of full-time employment.
2.
Employees hired on and after July 1, 1988, but before June 30, 1992, who have worked
for the City of Mesa for five (5) continuous years and are currently in a full-time position,
will receive five percent (5%) of their pay, as set forth in section forth in Section 340.C
below. The stability payment begins on the first pay period after five (5) years of full-time
employment.
3.
Employees hired on or after July 1, 1992, will not be eligible for stability pay.
4.
Part-time employees are not eligible for stability pay, regardless of benefited status.
Employees who were previously eligible for, or received stability pay as a regular full-time
employee, will not receive stability pay as a part-time employee. If an eligible part-time
employee regains regular full-time status without a separation from City of Mesa
employment, the employee’s stability pay will be reinstated. Eligibility for stability pay is
determined by the employee’s status at the end of the biweekly pay period and will not be
prorated.
C.
Stability Payments:
The City shall pay eligible full-time employees stability pay on a biweekly basis and the payment
will be included in the employee’s paycheck. The amount of stability pay is determined by the
employee’s biweekly pay, regardless of the number of hours worked. Deductions will not be made
for paid or unpaid time off in a pay period or use of donated time.
D.
An employee on unpaid time off for more than thirty (30) consecutive calendar days does not
accrue credited time toward the award of stability pay while on the unpaid time off.
City of Mesa Personnel Rules
Page 20
{00596998.1}
SECTION 350. OVERTIME
A.
Eligibility:
1.
All employees, except those identified in Paragraph 2 below, are eligible to receive
overtime pay when earned.
2.
Executive, administrative, professional, certain computer-related occupations, or certain
recreational employees who meet the criteria established in the federal Fair Labor
Standards Act (FLSA) as amended, are exempt from overtime pay.
a.
Notwithstanding any other provision of these Personnel Rules or any other policy
of the City, for purposes of public accountability, all City of Mesa FLSA exempt
employees must use accrued leave for absences of more than four (4) consecutive
hours unless approval is given by the Department Director or designated acting
Department Director or City Manager designee. Otherwise, FLSA exempt
employees who do not have accrued leave available will have their pay docked or
be placed on special leave.
b.
All employees, including FLSA exempt employees, must seek and obtain a
supervisor's permission to be absent during the workday. FLSA exempt employees
who regularly work more than forty (40) hours per week need not use accrued
leave for occasional absences of four (4) consecutive hours or less in a workday
with supervisory approval. Department Director or designated acting Department
Director or City Manager designee approval is required for absences greater than
four (4) hours if accrued leave is not used.
B.
Overtime Schedules: All personnel except those identified above shall be eligible to receive
overtime compensation for hours worked in excess of forty (40) hours during any work week.
Effective July 1, 2012, for purposes of calculating overtime for employees working a forty (40)
hour work week, the following paid time off categories will not be considered time worked:
authorized director’s time, sick, compensatory time, and observance of a holiday for Critical City
Services Personnel and Essential Personnel.
Sworn Fire personnel working a twenty-four (24)-hour shift are eligible to receive overtime
compensation for hours worked in excess of two hundred four (204) hours during the twenty-
seven (27) day work period. Sworn Fire personnel working a twelve (12)-hour shift are eligible to
receive overtime compensation for hours worked in excess of ninety-one (91) hours during the
twelve (12) day work period. Effective July 1, 2012, for purposes of calculating overtime for
sworn Fire personnel working a twenty-four (24)-hour shift or twelve (12)-hour shift, the following
paid time off categories will not be considered time worked: compensatory time and observance
of a holiday.
C.
Overtime Authorization: FLSA nonexempt employees must seek and obtain approval prior to
working any overtime or outside of their normal scheduled shift/hours. The employee shall
accurately report and record all hours worked. The supervisor shall monitor hours worked,
record/review timecards, and approve all overtime worked by employees.
D.
Identification: The Human Resources Director will publish a list of all positions in the City,
identifying those positions eligible for overtime, and identifying the category of overtime for each
position.
City of Mesa Personnel Rules
Page 21
{00596998.1}
E.
Payment: Eligible employees, when authorized to work overtime, shall be compensated at one
and one-half (1½) times the employee’s regular rate of pay. Once an employee has been paid
overtime, that time cannot be converted into compensatory time.
F.
Compensatory Time: Eligible employees (full-time and benefited part-time) may receive
compensatory time in lieu of overtime payment if an agreement is entered between the supervisor
and the employee before the overtime hours are worked. Compensatory time accrues at one and
one-half (1½) hours for each hour of overtime worked. Employees who request to use accrued
compensatory time shall be permitted to use the time within a reasonable period after making the
request if the use of the compensatory time does not unduly disrupt operations. Once an
employee has accrued compensatory time, that time will not be converted into overtime hours.
(See Management Policy 311 - Compensatory Time)
G.
Working on a Holiday: (See Section 421.D, 1 and 2)
SECTION 360. STAND-BY AND CALL-OUT PAY
Eligibility: Employees who are eligible for overtime pay, as specified in Section 350.A are eligible for
stand-by or call-out pay. For Information on Citywide Stand-By and Call-Out, (See Management Policy
357 - Citywide Stand-By and Call-Out)
SECTION 370. EXECUTIVE/ADDITIONAL BENEFITS
A.
The City Manager, Assistant City Managers, Deputy City Managers, and those City officers
specifically established in the City Charter and management employees designated by the City
Manager shall participate in an executive benefits plan created and approved by the City
Manager. The City Council shall consider the executive benefits plan during annual budget
hearings.
B.
The City Manager may provide additional benefits, (e.g., authorize the provision of an established
bank of vacation and/or sick time or other benefits deemed appropriate), for any position as
determined by the City Manager. Accrual schedules outlined in Sections 422 and 423 will not be
affected by an established bank of time.
City of Mesa Personnel Rules
Page 22
{00596998.1}
CHAPTER 4: BENEFITS
SECTION 410. ABSENCE FROM WORK
A.
Absence From Work: Except as otherwise set forth in Section 423 Sick Time, absence from
work is subject to supervisory approval. All requests for absence from scheduled work should be
submitted to the employee's supervisor at least forty-eight (48) hours prior to the beginning of the
absence (or according to Fire staffing policy for Fire employees), except for emergencies or
unanticipated sick time, in which case the request shall be submitted as soon as possible. The
request must be submitted and must be approved by the employee's supervisor. This requirement
applies to both paid and unpaid time off.
B.
Unexcused Absences: An employee who is absent without supervisory approval (unpaid time
off), subject to the restrictions set forth in Section 423, has an unexcused absence and is subject
to the disciplinary action listed below. Unexcused absences may be for full or partial days.
1.
For the first (1st) instance of unexcused absence, the employee shall receive, at a
minimum, non-disciplinary corrective action (i.e., verbal counseling, written counseling, or
corrective action plan).
2.
For the second (2nd) instance of unexcused absence within twelve (12) months of the first
(1st) unexcused absence, the employee shall receive, at a minimum, a written reprimand.
3.
For the third (3rd) instance of unexcused absence within twelve (12) months of the second
(2nd) unexcused absence, the employee shall receive, at a minimum, a suspension of
one (1) day, or discipline up to and including dismissal with the approval of the Human
Resources Director. (See Section 820.C for suspension of exempt employees)
4. For the fourth (4th) instance of unexcused absence within twelve (12) months of the
third (3rd) unexcused absence, the employee shall be dismissed from City of Mesa
employment, unless the City Manager or designee, in consultation with the Human
Resources Director, reasonably determines that dismissal is not warranted.
5.
An unexcused absence of three (3) consecutive workdays, or two (2) consecutive twenty-
four (24)-hour work shifts or more is considered to be abandonment of City of Mesa
employment. Per Section 820, the City must attempt to notify the employee in writing to
schedule a pre-deprivation hearing. The notice shall be delivered to the employee by one
of the following methods: hand-delivery; email, or U.S. mail.
SECTION 420. PAID TIME OFF
Paid time off is the time an employee is absent from work but receiving pay. Paid time off categories
include, but are not limited to: observance of a holiday, vacation, sick, compensatory time, discretionary
time, voting, jury duty/witness, bereavement, administrative leave, and donated time. Refer to
Management Policy 400 Companion Guide for a complete list of all paid time off categories.
All paid time off can be taken in quarter (¼)-hour increments, unless otherwise noted. An employee
receiving pay in any of the paid time off categories will be paid at the employee’s effective rate of pay.
With the exception of sick time, shift differential shall not be paid for any employee on paid time off.
City of Mesa Personnel Rules
Page 23
{00596998.1}
SECTION 421. HOLIDAYS
A.
City Observed Holidays: The following holidays are observed by the City: New Year's Day,
Martin Luther King, Jr./Civil Rights Day, President's Day, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day
(December 24th), and Christmas Day.
B.
Observation of Holidays: When a holiday falls on a Sunday, it will be observed on the following
Monday. When a holiday falls on a Saturday, it will be observed on the preceding Friday. If the
holiday falls on an employee’s regularly scheduled day off, the employee will observe the holiday
on a regularly scheduled at any point from the time of accrual to the end of the calendar year.
Effective July 1, 2012, departments will determine whether employees in the department will
follow an actual or observed holiday calendar. (See Management Policy 400 - Timekeeping And
Leave Administration)
C.
Eligibility: Unless required to maintain City services as indicated in Section 421.D., employees
are relieved from duty for their full shift if the holiday falls on a day they are normally scheduled
to work; benefited employees shall be paid during their absence from work.
D.
Employees Required to Work to Maintain City Services:
1.
All nonexempt employees who are required to work on a holiday (actual or observed as
set by the department) shall be paid a holiday premium at the rate of one and one-half
(1½) times the employee's effective hourly rate.
2.
Critical City Services Personnel and Essential Personnel: Employees required to work to
maintain City services as designated by the City Manager or designee are paid for the
holiday separately in the pay period the holiday occurs. Critical City Services Personnel
and Essential Personnel receive holiday premium at their effective hourly rate based on
their current schedule, except that sworn Fire personnel working a twenty-four (24)-hour
shift are paid fourteen (14) hours at their effective hourly rate. Sworn Fire personnel
working a twelve (12)-hour shift are paid ten and one-half (10.5) hours at their effective
hourly rate. Critical City Services Personnel and Essential Personnel except sworn Fire
personnel working a twenty-four (24)-hour shift or twelve (12)-hour shift, shall be paid a
holiday premium of one and one-half (1½) times the employee's effective hourly rate of
pay for time worked on a holiday.
Critical City Services Personnel and Essential Personnel required to work on a holiday
may not flex the holiday time to another day. All personnel (including Essential Personnel
in an administrative assignment) are required to obtain supervisory approval to work on a
holiday.
E.
Holidays During Paid Time Off: All benefited employees (except those designated in Section
421.D.2) on paid time off when a holiday occurs will receive no additional pay and will not be
charged any paid time off categories.
F.
Holidays During Unpaid Time Off: An employee who is on unpaid time off status shall not be
paid for a holiday unless the employee works a shift or submits paid time off on the employee's
scheduled workday either the day before or the day after the holiday. An employee on disciplinary
dock on a holiday is not eligible for holiday pay.
City of Mesa Personnel Rules
Page 24
{00596998.1}
G.
Starting Employment: If a holiday falls on the first scheduled workday, an employee who starts
to work for the City on the following day shall not receive pay for the holiday.
H.
Terminating Employment: If an employee is terminated for any reason on the day before a
holiday, the employee will not receive pay for the holiday. An employee’s last day worked cannot
be a holiday unless that is a regular scheduled workday.
SECTION 422. VACATION TIME
A.
Definition: Vacation time includes all periods of approved absence with pay which are not
chargeable to another paid time off category.
B.
Accrual:
1.
Effective July 1, 2026, eligible employees will accrue vacation time in accordance with the
following years of City employment:
a.
Full-Time:
Beginning of employment through Year One Point Nine Nine (1.99):
Three point five (3.5) hours per pay period.
An additional five (5) hours will be granted on January 1 of each year
YearTwo (2) Through Year Nine Point Nine Nine (9.99):
Five point five (5.5) hours per pay period.
An additional one (1) hour will be granted on January 1 of each year.
Year Ten (10) Through Year Fourteen Point Nine Nine (14.99):
Five point seven five (5.75) hours per pay period
An additional two point five (2.5) hours will be granted on January 1 of each
year.
Year Fifteen through Year Nineteen Point Nine Nine (19.99):
Six (6) hours per pay period
An additional four (4) hours will be granted on January 1 of each year.
Year Twenty Plus (20+):
Six point seven five (6.75) hours per pay period
An additional point five (0.5) hour will be granted on January 1 of each year.
b.
Sworn Fire Personnel Working A Twenty-Four (24)-Hour Shift:
Beginning of employment through Year One Point Nine Nine (1.99):
Four point nine (4.9) hours per pay period.
An additional seven (7) hours will be granted on January 1 of each year.
Year Two (2) Through Year Nine Point Nine Nine (9.99):
Seven point seven (7.7) hours per pay period.
City of Mesa Personnel Rules
Page 25
{00596998.1}
An additional one point four (1.4) hours will be granted on January 1 of each
year.
Year Ten (10) Through Year Fourteen Point Nine Nine (14.99):
Eight (8) hours per pay period
An additional four point eight (4.8) hours will be granted on January 1 of each
year.
Year Fifteen (15) through Year Nineteen Point Nine Nine (19.99):
Eight point five (8.5) hours per pay period
An additional three (3) hours will be granted on January 1 of each year.
Years Twenty Plus (20+):
Nine point two five (9.25) hours per pay period
An additional five point nine (5.9) hours will be granted on January 1 of each
year.
c.
Sworn Fire Personnel Working A Twelve (12)-Hour Shift:
Years Zero (0) Through One Point Nine Nine (1.99:
•
Three point six seven five (3.675) hours per pay period
•
An additional five point two five (5.25) hours will be granted on January 1 of
each year.
Years Two (2) Through Nine Point Nine Nine (9.99)
•
Five point seven seven five (5.775) hours per pay period
•
An additional one point zero five (1.05) hours will be granted on January 1 of
each year.
Years Ten (10) Through Fourteen Point Nine Nine (14.99):
Six (6) hours per pay period
An additional three point six (3.6) hours will be granted on January 1 of each
year.
Years Fifteen (15) through Nineteen Point Nine Nine (19.99):
Six point two five (6.25) hours per pay period
An additional five point five (5.5) hours will be granted on January 1 of each
year.
Year Twenty Plus (20+):
Seven (7) hours per pay period
An additional two point eight (2.8) hours will be granted on January 1 of each
year.
d.
Benefited Part-Time:
Beginning of Employment Through Year One Point Nine Nine (1.99):
One point seven five (1.75) hours per pay period.
An additional two point five (2.5) hours will be granted on January 1 of each
year.
City of Mesa Personnel Rules
Page 26
{00596998.1}
Year Two (2) Through Year Nine Point Nine Nine (9.99):
Two point seven five (2.75) hours per pay period.
An additional point five (.5) hour will be granted on January 1 of each year.
Year Ten (10) Through Year Fourteen Point Nine Nine (14.99):
Two point seven five (2.75) hours per pay period
An additional four point five (4.5) hours will be granted on January 1 of each
year.
Year Fifteen (15) through Year Nineteen Point Nine Nine (19.99):
Three (3) hours per pay period
An additional two (2) hours will be granted on January 1 of each year.
Year Twenty Plus (20+):
Three point two five (3.25) hours per pay period
An additional three point five (3.5) hours will be granted on January 1 of each
year.
2.
Effective July 1, 2026, employees accrue vacation time once they have met a minimum
number of hours in a biweekly pay period. This hourly requirement may be satisfied
through any combination of hours worked and paid time off. At the beginning of
employment, if an employee works less than the minimum number of hours in their first
pay period, they will not accrue vacation time for that pay period and will begin accruing
on the next pay period provided the minimum number of hours is reached. The minimum
number of hours is as follows:
a.
Full-time employees must meet a minimum of sixty-five (65) hours in a biweekly
pay period;
b.
Sworn Fire personnel working a twenty-four (24)-hour shift must meet a minimum
of fifty-four (54) hours in a biweekly pay period;
c.
Sworn Fire personnel working a twelve (12)-hour shift must meet a minimum of
forty point five (40.5) hours in a biweekly pay period;
d.
Benefited part-time employees must meet a minimum of thirty-two point five (32.5)
hours in a biweekly pay period.
3.
Effective July 1, 2026, the effective date for change in the accrual rate is the first (1st)
biweekly pay period immediately following two (2) years of continuous employment.
4.
Eligibility to use accrued vacation time shall begin on the date of accrual for full-time and
benefited part-time employees.
5.
Former benefited employees who met the requirement of two (2) years of continuous
employment (accruing at a higher rate) prior to separation from the City who are rehired
within nine (9) months of the date of their separation shall begin accruing vacation time at
the same rate they accrued at the time of separation. If the two (2) year requirement had
not been met at the time of separation, the employee will return to the beginning accrual
rate (the vacation accrual date will reset). (See also Section 250.E.)
City of Mesa Personnel Rules
Page 27
{00596998.1}
C.
Accumulation: The maximum accumulation of vacation time is two hundred forty (240) hours
for regular full-time employees, three hundred thirty-six (336) hours for sworn Fire personnel
working a twenty-four (24)-hour shift, two hundred fifty-two (252) hours for sworn Fire personnel
working a twelve (12)-hour shift, and one hundred twenty (120) hours for benefited part-time
employees. Employees who have in excess of the above amounts on December 31st of each
year will be paid for the excess amount of time after December 31st, provided the regular full-time
employee has taken eighty (80) hours vacation time, seventy-two (72) hours for sworn Fire
personnel working a twenty-four (24)-hour shift, fifty-four (54) hours for sworn Fire personnel
working a twelve (12)-hour shift, fifty-one point seven two (51.72) hours for Fire union members
working forty (40)-hours a week, eighty (80) hours for sworn Fire personnel (BC) working forty
(40)-hours a week, and forty (40) hours for benefited part-time employees during that calendar
year. If the employee has not taken the required amount of time during the year, all excess time
shall be forfeited and placed in the Citywide donated leave bank. Donated time counts as used
vacation time.
D.
Use of Vacation Time: Vacation time may be taken at any time if approved by the supervisor; the
minimum unit allowed is one-quarter (¼) hour. Vacation time shall not be advanced to an employee
nor may vacation time be transferred between employees unless authorized by the Department
Director or City Manager designee in accordance with the Donated Leave Program. (See
Management Policy 317 - Donated Leave Program)
E.
Separation: A full-time or benefited part-time employee who separates from City of Mesa
employment shall be compensated for all accumulated vacation time.
F.
Change in Benefits: An employee who transfers from a benefited position to a non-benefited part-
time position shall be paid for all unused vacation time.
SECTION 423. SICK TIME
A.
Definition:
1.
Earned paid sick time shall be provided to an employee for the following reasons:
a.
The employee’s mental or physical illness, injury or health condition; or to care for
a family member with an illness, injury or health condition;
b.
The employee’s need for medical diagnosis, care, or treatment of a mental or
physical illness, injury or health condition; or to care for a family member with the
same need;
c.
The employee’s need for preventive medical care; or to care for a family member
with the same need;
d.
Closure of the employee’s worksite by order of a public official due to a public
health emergency or an employee’s need to care for a child whose school or place
of care has been closed by order of a public official due to a public health
emergency, or care for oneself or a family member when it has been determined
by the health authorities having jurisdiction or by a health care provider that the
employee’s or family member’s presence in the community may jeopardize the
health of others because of his or her exposure to a communicable disease,
whether or not the employee or family member has actually contracted the
City of Mesa Personnel Rules
Page 28
{00596998.1}
communicable disease;
e.
Absences necessary due to domestic violence, sexual violence, abuse or stalking,
provided the absence is to allow the employee to obtain for the employee or the
employee’s family member:
1)
Medical attention needed to recover from physical or psychological injury or
disability caused by domestic violence, sexual violence, abuse or stalking;
2)
Services from a domestic violence or sexual violence program or victim
services organization;
3)
Psychological or other counselling;
4)
Relocation or taking steps to secure an existing home due to the domestic
violence, sexual violence, abuse or stalking; or
5)
Legal services, including but not limited to preparing for or participating in
any civil or criminal legal proceeding related to or resulting from the domestic
violence, sexual violence, abuse or stalking.
2.
For purposes of this Section 423, the term “family member” means:
a.
Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a
child of a committed partner, a child to whom the employee stands in loco parentis,
or an individual to whom the employee stood in loco parentis when the individual
was a minor;
b.
A biological, foster, stepparent or adoptive parent or legal guardian of an employee
or an employee’s spouse or committed partner or a person who stood in loco
parentis when the employee or employee’s spouse or committed partner was a
minor child;
c.
A person to whom the employee is legally married under the laws of any state, or
committed partner of an employee as registered under the laws of any state or
political subdivision;
d.
A grandparent, grandchild or sibling (whether of a biological, foster, adoptive or
step relationship) of the employee or the employee’s spouse or committed partner;
or
e.
Any other individual related by blood or affinity whose close association with the
employee is the equivalent of a family relationship.
For purposes of the definition of “family member” in this subsection, “committed partner” means
an individual who has been declared the committed partner of an employee under the
requirements of the City of Mesa Benefits Plan Document, or an individual who is at least eighteen
(18) years of age living together in a common household with an employee who is at least
eighteen (18) years of age; and in which the employee and the individual are each other’s sole
committed partner; they are not legally married to each other; they are not legally married to,
legally separated from, or a committed partner to any other person; and they are not related by
blood closer than would bar them from being legally married in the State of Arizona.
City of Mesa Personnel Rules
Page 29
{00596998.1}
B.
Accrual:
1. Effective July 1, 2026, employees will accrue sick time as follows. See Management Policy
400 – Timekeeping and Leave Administration for the pro-rated grant schedule for new hires.
a.
Full-Time:
Two (2) hours per pay period
An additional forty-four (44) hours will be granted on January 1 of each year,
or a prorated amount on date of hire for new hires.
Total combined accrued and granted hours will not exceed ninety-six (96)
hours in a calendar year.
b.
Sworn Fire Personnel Working A Twenty-Four (24)-Hour Shift:
Two point eight (2.8) hours per pay period
An additional sixty-one point six (61.6) hours will be granted on January 1 of
each year, or a prorated amount on date of hire for new hires
Total combined accrued and granted hours will not exceed one hundred thirty-
four point four (134.4) hours in a calendar year.
c.
Sworn Fire Personnel Working A Twelve (12)-Hour Shift:
Two point one (2.1) hours per pay period
An additional forty-six point two (46.2) hours will be granted on January 1 of
each year, or a prorated amount on date of hire for new hires
Total combined accrued and granted hours not to exceed one hundred point
eight (100.8) hours in a calendar year.
d.
Benefited Part-Time:
Forty-eight (48) hours will be granted on January 1 of each year, or a prorated
amount on date of hire for new hires.
e.
Non-benefited and Seasonal:
Forty (40) hours will be granted on January 1 of each year, or a prorated
amount on date of hire for new hires.
2.
Effective July 1, 2026, full-time employees accrue sick time once they have met a
minimum number of hours in a biweekly pay period. This hourly requirement may be
satisfied through any combination of hours worked and paid time off. At the beginning of
employment, if an employee works less than the minimum number of hours in their first
pay period, they will not accrue sick time for that pay period and will begin accruing on the
next pay period provided the minimum number of hours is reached. The minimum number
of hours is as follows:
a. Full-time employees must meet a minimum of sixty-five (65) hours in a biweekly
pay period;
b. Sworn Fire personnel working a twenty-four (24)-hour shift must meet a minimum
of fifty-four (54) hours in a biweekly pay period;
c. Sworn Fire personnel working a twelve (12)-hour shift must meet a minimum of
forty point five (40.5) hours in a biweekly pay period.
City of Mesa Personnel Rules
Page 30
{00596998.1}
3.
Full-time and benefited part-time employees may begin using sick time hours upon
accrual.
4.
Non-benefited and seasonal employees cannot begin using sick time hours until the
ninetieth (90th) calendar day after their date of hire. These employees can use up to a
maximum of forty (40) paid sick time hours per calendar year. The ninety (90)-day waiting
period does not apply to returning/reactivated non-benefited/seasonal employees, nor
does it apply to non-benefited/seasonal employees who met the 90-day waiting period
prior to separation and are rehired within nine (9) months of separation.
5.
Former employees who are rehired within nine (9) months of separation with previously
accrued sick time that had not been used or paid out shall have their sick time balance
restored upon rehire. Employees rehired within nine (9) months of separation and within
the same calendar year as their date of separation will not receive a prorated grant on
date of rehire. Employees rehired within nine (9) months of separation and within the
following calendar year after date of separation will receive a prorated grant on date of
rehire. (See Management Policy 400– Timekeeping and Leave Administration for the pro-
rated grant schedule for new hires.) (See also Sections 250.E and 423.D.)
6.
Returning/reactivated non-benefited and seasonal employees who return to work within
the same calendar year as last day worked/date of inactivation will not receive an
additional grant upon return. Returning/reactivated non-benefited and seasonal
employees who return to work in a subsequent calendar year, will receive a full grant (not
pro-rated) on the date of their return to work.
C.
Conversion of Sick Time to Vacation Time:
Unused accrued sick time is carried over from year to year with no cap, subject to the limitations
on usage. However, employees may elect to convert sick to vacation time under the following
circumstances:
1.
Full-time employees with a balance of four hundred eighty (480) hours can elect to convert
50% of future accrued sick time hours to vacation time.
2.
Full-time employees with a balance of one thousand forty (1,040) unused sick time hours
can convert 100% of sick time hours accrued above 1,040 unused sick time hours to
vacation time.
3.
Part-time benefited employees with a balance of two hundred forty (240) hours can elect
to convert 50% of future accrued sick time hours to vacation.
4.
Part-time benefited employees with a balance of five hundred twenty (520) unused sick
time hours can convert 100% of sick time hours accrued above 520 unused sick time
hours to vacation time.
5.
Sworn Fire personnel working a twenty-four (24)-hour shift with a balance of six hundred
seventy-two (672) hours can elect to convert fifty percent (50%) of future accrued sick time
hours to vacation.
6.
Sworn Fire personnel working a twenty-four (24)-hour shift with a balance of one thousand
four hundred fifty-six (1,456) unused sick time hours can convert one hundred percent
(100%) of sick time hours accrued above one thousand four hundred fifty-six (1,456)
unused sick time hours to vacation time.
City of Mesa Personnel Rules
Page 31
{00596998.1}
7.
Sworn Fire personnel working a twelve (12)-hour shift with a balance of five hundred and
four (504) hours can elect to convert fifty percent (50%) of future accrued sick time hours
to vacation.
8.
Sworn Fire personnel working a twelve (12)-hour shift with a balance of one thousand
ninety-two (1,092) unused sick time hours can convert sick time hours accrued above one
thousand ninety-two (1,092) unused sick time hours to vacation time.
9.
Part-time non-benefited and seasonal employees are not allowed to convert any accrued
sick time hours to vacation time.
Employees who elect to convert sick time to vacation time in accordance with this subsection are
required to execute the Sick Time Conversion Election Form.
If elected, an employee’s sick time shall be converted to vacation time on the basis of one (1)
hour of vacation time for every one (1) hour of excess sick time accrued according to the hours
listed above.
If an employee’s balance exceeds the above-referenced applicable amount, and the employee
elects to convert the excess sick time to vacation time, the option to convert in accordance with
this section is only available for newly accrued hours after the election is effective.
D.
Payment at Retirement :
A regular full-time or benefited part-time employee who retires from City of Mesa employment
shall be compensated for accumulated sick time hours (rounded to the next fifteen (15) minute
increment) at the employee’s effective hourly rate, as follows:
1. A covered sworn PSPRS member:
Years of Service Percentage
Paid
Maximum Payout Hours
0-19.99
50%
520 hours for full-time employees
260 hours for benefited part-time employees
728 hours for Fire personnel working a 24-hour shift
546 hours for Fire personnel working a 12-hour shift
20-21.99
60%
624 hours for full-time employees
312 hours for benefited part-time employees
936 hours for Fire personnel working a 24-hour shift
655.2 hours for Fire personnel working a 12-hour shift
22-24.99
80%
832 hours for full-time employees
416 hours for benefited part-time employees
1,164.8 hours for Fire personnel working a 24-hour shift
873.6 hours for Fire personnel working a 12-hour shift
25 +
100%
1040 hours for full-time employees
520 hours for benefited part-time employees
1456 hours for Fire personnel working a 24-hour shift
1092 hours for Fire personnel working a 12-hour shift
City of Mesa Personnel Rules
Page 32
{00596998.1}
2. All other benefited employees:
Years of
Service
Percentage
Paid
Maximum Payout Hours
0-19.99
50%
520 hours for full-time employees
260 hours for benefited part-time employees
20-24.99
60%
624 hours for full-time employees
312 hours for benefited part-time employees
25-29.99
80%
832 hours for full-time employees
416 hours for benefited part-time employees
30 +
100%
1040 hours for full-time employees
520 hours for benefited part-time employees
3. Years of service will be calculated using one of the following formula(s):
a) For any member who has not previously retired from the City of Mesa, years of service
shall be calculated from the original hire date for all periods of employment in a benefited
position. In the event of a break in service, service shall be calculated based on the
original hire date and the rehire date, excluding any period of separation and any time
not served in a benefited position.
b) For any member who has previously retired from the City of Mesa and received a sick
leave payout, years of service for purposes of any subsequent benefit shall be
calculated from the rehire date in a benefited position. A member shall not be eligible to
receive a second sick leave payout within the same retirement system; eligibility for any
subsequent payout requires rehire into a different retirement system.
E.
Payment at Death:
Upon the death of a regular full-time or benefited part-time employee, the City will pay
accumulated sick time hours (rounded to the next fifteen (15) minute increment) at the employee’s
effective hourly rate, as follows:
1. When the employee dies while acting within the course and scope of City employment, at
the percentage rate of one hundred percent (100%).
2. For all other circumstances of death, at the percentage rate of fifty percent (50%).
F.
Payment at Separation: An employee who separates from City of Mesa employment for any
reason other than retirement or death, as described in Subsections D and E, shall forfeit all
accumulated sick time
G.
Use of Sick Time:
1.
Employees shall be allowed to use earned paid sick time for the reasons listed in Section
423.A.1.
2.
Sick time can be used in one-quarter (¼) hour increments.
City of Mesa Personnel Rules
Page 33
{00596998.1}
3.
Requests to use sick time must be submitted to the employee’s supervisor. Whenever
possible, the request shall include the expected duration of the absence.
4.
When the use of sick time is foreseeable, the employee shall make a good faith effort to
provide advance notice and shall make a reasonable effort to schedule the time in a
manner that does not unduly disrupt operations.
5.
When the use of sick time is not foreseeable, the employee must notify the immediate
supervisor at least one-half (½) hour prior to the beginning of the work shift, unless the
employee is unable to do so due to circumstances beyond the employee’s control. Failure
to report within the specified time period may result in the employee being docked a day's
pay and subjected to disciplinary action.
6. Employees are not required to find a replacement worker to cover the hours during which
the employee is using paid sick time.
7.
The use of paid sick time under this section cannot count as an absence that may lead to
or result in discipline or any other adverse employment action.
8.
For paid sick time absences of three (3) or more consecutive workdays, a Department
Director (or designee) or City Manager designee may require reasonable documentation
that the paid sick time has been used for a reason set forth under Section 423.A.1.
Documentation signed by a health care professional indicating the time is necessary shall
be considered reasonable documentation for purposes of this section.
In cases of absences due to domestic violence, sexual violence, abuse or stalking, the
following types of documentation selected by the employee shall be considered
reasonable:
a.
A police report indicating that the employee or the employee’s family member was
a victim of domestic violence, sexual violence, abuse or stalking;
b.
A protective order; injunction against harassment; a general court order; or other
evidence from a court or prosecuting attorney that the employee or employee’s
family member appeared, or is scheduled to appear, in court in connection with an
incident of domestic violence, sexual violence, abuse or stalking;
c.
A signed statement from a domestic violence or sexual violence program or victim
services organization affirming that the employee or employee’s family member is
receiving services related to domestic violence, sexual violence, abuse or stalking;
d.
A signed statement from a witness advocate affirming that the employee or
employee’s family member is receiving services from a victim services
organization;
e.
A signed statement from an attorney, member of the clergy, or a medical or other
professional affirming that the employee or employee’s family member is a victim
of domestic violence, sexual violence, abuse or stalking; or
f.
An employee’s written statement affirming that the employee or the employee’s
family member is a victim of domestic violence, sexual violence, abuse, or stalking,
City of Mesa Personnel Rules
Page 34
{00596998.1}
and that the time was taken for one of the reasons set forth in Section 423.A.1.e.
The employee’s written statement, by itself, is reasonable documentation for
absences under this paragraph. The written statement does not need to be in an
affidavit format or notarized but shall be legible if handwritten and shall reasonably
make clear the employee’s identity, and if applicable, the employee’s relationship
to the family member.
A supervisor may not require that the documentation provided under this subsection
explain the nature of the health condition or the details of the domestic violence, sexual
violence, abuse or stalking.
9.
For all absences listed in Section 423.A.1 sick time will be used first; followed by, if needed
and with supervisor approval, other forms of paid time off or dock status. For FMLA-
related absences, See Management Policy 345 - Family Medical Leave Act (FMLA) for
use of time.
10.
For non-workplace injuries or illnesses, a Department Director (or designee) or City
Manager designee may require an employee receive a medical examination by a licensed
health care practitioner designated by the City Manager or designee. If the initial
examination occurs on a scheduled workday, the employee shall be paid for their time
including travelling to and from the examination (contact Time & Labor for the appropriate
pay code). All related medical expenses resulting from the initial exam are paid by the
employee’s department. The employee is responsible for the payment of all other related
medical expenses if additional treatment is required. If the licensed health care
practitioner determines that the employee should not work due to illness or injury, the
Department Director (or designee) or City Manager designee may place the employee on
sick time, or if the employee's sick time is exhausted, on leave without pay. If the licensed
health care practitioner determines that the employee cannot perform the essential
functions of their regular class, the employee may be transferred to a class for which the
employee is suited or a reasonable accommodation may be made for the employee. The
Department Director (or designee) or City Manager designee may require the employee
to obtain approval from the licensed health care practitioner prior to the employee's
returning to work or returning to their former class.
11.
A Department Director (or designee) may send home an employee who is ill at work. In
these instances, sick time will be used first, followed by, if needed and with supervisory
approval, other forms of paid time off or dock status.
H.
Confidentiality and Nondisclosure: A supervisor may not require disclosure of details relating
to domestic violence, sexual violence, abuse or stalking or the details of an employee’s or an
employee’s family member’s health information as a condition of providing earned paid sick time.
If a supervisor possesses health information or information pertaining to domestic violence, sexual
violence, abuse or stalking about an employee or employee’s family member, such information
shall be treated as confidential and not disclosed except to the affected employee or with the
permission of the affected employee.
I.
Advancement and Transfer: Sick time shall not be advanced to an employee, and sick time
cannot be transferred between employees.
J.
No Retaliation or Discrimination: Retaliation or discrimination against an employee or former
employee for the proper use of sick time is unlawful and strictly prohibited.
City of Mesa Personnel Rules
Page 35
{00596998.1}
SECTION 424. BEREAVEMENT TIME
A.
Authority: Regular or probationary full-time employees and benefited part-time employees may
be granted paid bereavement time due to a death in the employee's immediate family.
B.
Definition: For the purpose of this Section the term immediate family means the employee's
spouse, committed partner, child, stillborn child, stepchild, mother, father, sister, brother, mother-
in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-parent, step-
parent-in-law, grandparent, grandchild, aunt, uncle, and former legal guardian, or a minor child or
an adult for whom the employee is a legal guardian. For purposes of this section, a committed
partner is an individual who meets the definition of committed partner as described in the City of
Mesa Health Plan Document (whether covered in the Health Plan or not).
C.
Amount of Time: For full-time employees, an absence up to fifty (50) work hours will be allowed
for bereavement time to provide an employee time to grieve, which includes attending and/or
preparing for funerals/memorial services. Forty (40) work hours will be paid as bereavement time;
however, the additional ten (10) hours, if taken, will be charged to any paid or unpaid time off
category at the employee’s discretion. For sworn Fire personnel working a twenty-four (24) hour
shift, an absence of up to forty-eight (48) work hours (two [2] work shifts) will be allowed and paid
as bereavement time to provide an employee time to grieve, which includes attending and/or
preparing for funerals/memorial services. For sworn Fire personnel working a twelve (12)- hour
shift, an absence of up to thirty-six (36) work hours (three [3] work shifts) will be allowed and paid
as bereavement time to provide an employee time to grieve, which includes attending and/or
preparing for funerals/memorial services.
For benefited part-time employees, up to twenty-five (25) work hours will be allowed for
bereavement time to provide an employee time to grieve, which includes attending and/or
preparing for funerals/memorial services.
Up to twenty (20) work hours will be paid as bereavement time; however, the additional five (5)
hours, if taken, will be charged to any paid or unpaid time off category at the employee’s
discretion.
SECTION 425. INDUSTRIAL INJURY PROGRAM - WORKERS’ COMPENSATION LEAVE
(See Management Policy 346 - Industrial Insurance Program [IIP])
A.
General: An employee who sustains a job-related disability that is compensable under the
Workers’ Compensation Law may be placed on the Industrial Insurance Program. This program
is an additional benefit offered by the City of Mesa and will supplement the Workers’
Compensation wages as established by state statute for a period of time established by the City
of Mesa and state statute. During the period of job-induced disability, the employee's vacation
and sick time accrual shall be frozen (See Sections 422 and 423 regarding accruals) and step
pay increases shall not be granted. If the employee returns to work and must go back on Workers’
Compensation at a later date due to the same injury, the employee's benefits will be based on the
pay range and step at the time of the original injury.
B.
Absence From Work: An employee who is absent from work due to an industrial injury will have
this time designated as Family Medical Leave (See Management Policy 345 - Family Medical
Leave Act [FMLA])
City of Mesa Personnel Rules
Page 36
{00596998.1}
C.
Holiday pay will be paid to employees who are receiving industrial dock pay, however, employees
will not receive the holiday premium (time and one-half [1-½]).
SECTION 426. JURY DUTY OR WITNESS TIME
A full-time or benefited part-time employee who is subpoenaed as a witness or summoned for jury duty
for matters unrelated to or not arising from the employee’s performance of official duties, must notify their
supervisor of the subpoena or summons in advance of the performance of this duty. For all time that the
employee is absent from work, the City will pay the employee at their effective hourly rate. Documentation
is required for a summons or subpoena. All eligible employees (including benefited part-time employees
and employees working an alternative work schedule) only receive jury duty or witness time if summoned
on a scheduled workday/hours. The employee may retain any travel pay received.
SECTION 427. MILITARY LEAVE
The City of Mesa complies with the requirements of the Uniformed Services Employment And
Reemployment Rights Act (USERRA). The City Manager may amend the benefits extended by this policy
that go beyond those required by USERRA. (See Management Policy 338 - Military Leave)
SECTION 430.
RESERVED
SECTION 440. SPECIAL LEAVES
A.
A special leave is either: any authorized absence from work in excess of thirty (30) consecutive
calendar days that is not covered by the Family Medical Leave Act (FMLA), Crime Victims’ Rights
Act, Military Leave, or any additional authorized time-off required after exhaustion of FMLA.
Special leave includes but is not limited to extended use of paid and unpaid time off; leave for a
non-FMLA eligible employee; or leave for a non-FMLA eligible circumstance. Special leaves may
be for a medical or non-medical reason.
B.
Approval: Special leaves must be approved in advance and in writing by the City Manager,
Assistant City Manager, Deputy City Manager, or City Manager designees who are not the
Department Director.
C.
Use of Time: An employee may be required to exhaust any available paid time off categories
prior to using unpaid time.
D.
Return to Work: Where a special leave is granted for a non-ADA Qualifying Condition, an
employee who is able to return to work after a period of special leave is entitled to a position in
the class held at the start of the special leave, if such a position is available and funded. If such
a position is not available and funded, the employee may be terminated. Positions will be held
open when a special leave is approved for an ADA qualifying condition. (See Management Policy
318 - Reasonable Accommodations for Disabled Workers)
SECTION 450. FAMILY AND MEDICAL LEAVE
The City of Mesa supports and complies with the Federal Family And Medical Leave Act of 1993 (FMLA),
as amended. The City Manager may amend the benefits extended by this policy that go beyond those
required by FMLA. (See Management Policy 345 - Family Medical Leave Act [FMLA])
City of Mesa Personnel Rules
Page 37
{00596998.1}
SECTION 460. CRIME VICTIM RIGHTS ACT
Eligibility: Pursuant to ARS §8-420 and ARS §13-4439, all City employees who have been the victim
of a crime or a juvenile offense will be granted leave to attend certain court proceedings. (See
Management Policy 344 - Victim Leave)
SECTION 470. SHORT-TERM DISABILITY BENEFIT
A.
General: A full-time or benefited part-time employee who has enrolled in and is current on paid
premiums for short-term disability coverage may claim a short-term disability benefit when off
work due to their own covered illness or injury for longer than the policy elimination period. The
employee shall use sick time first, followed by vacation time (or other applicable paid time off
category associated with the employee’s circumstances) if needed during the elimination period.
If the employee is eligible for FMLA leave, short-term disability benefits (including the elimination
period) are concurrent with FMLA Leave (See Section 450). If the employee is not eligible for
FMLA leave, the employee may be approved for leave as a reasonable accommodation (See
Management Policy 318 – Reasonable Accommodation). At the start of short-term disability
benefit payments, the employee’s remaining sick and vacation accruals will be frozen. An
employee cannot receive paid time off for the same period of time during which they receive short-
term disability benefits. Employees may not use the short-term disability benefit to care for a
family member.
B.
Eligibility: A full-time or benefited part-time employee must be enrolled in and accepted by the
short-term disability carrier prior to their disability effective date to be eligible to use this benefit.
Program eligibility is determined by the contracted provider and not the City of Mesa.
C.
The short-term disability benefit is for a period not to exceed six (6) months after the elimination
period.
SECTION 480. INSURANCE PROGRAMS - HEALTH & WELFARE
A.
Eligibility: All regular full-time employees are eligible to participate in the health and welfare
insurance and self-insurance programs offered by the City. (See Plan Document on the Internet
– Benefits link)
B.
All benefited part-time employees are eligible to participate in the self-insurance and insurance
health care programs, and some of the welfare benefit programs offered by the City. (See Plan
Document on the Internet - Benefits link for eligibility and other coverage provisions and
Management Policy 320 - Benefited and Non-Benefited Part-Time Employee Benefits)
C.
Employees without a paycheck or in receipt of a paycheck that is insufficient to cover all owed
insurance premiums are responsible for the payment of the employee portion of the insurance
premiums for the coverage they desire. Employees will be invoiced by, and must make payments
directly to, the Payroll Office when due. Failure to make timely payments may result in termination
of coverage and loss of any COBRA continuation privileges (or life insurance portability or
conversion privileges) that might otherwise apply to a termination of coverage and collections
proceedings by the City to obtain payment. Employees may also be responsible for reimbursing
the appropriate health plan and/or insurance carriers for benefit payments made for services
incurred and claimed (for self and/or family members) after the coverage termination effective
date.
City of Mesa Personnel Rules
Page 38
{00596998.1}
SECTION 490. TRAINING PROGRAMS
A.
Responsibility: Department Directors, City Manager designees, and the Human Resources
Director have joint responsibility to ensure that all eligible employees receive necessary training.
Supervisors, Department Directors, and City Manager designees have the responsibility to utilize
the Employee Development Guide(provided by the Human Resources Employee Development
Office) to ensure employees complete required training courses within stipulated time frames.
Supervisors should encourage and provide employees sufficient opportunity to attend courses as
recommended by the Guide, which will further enhance competencies, knowledge, skills, and
abilities.
B.
Required Training: The City shall pay all approved costs associated with the attendance by an
employee at any course, seminar, workshop, etc., required of the employee. The employee shall
not be charged any paid or unpaid time off categories while in attendance at such a course but
shall be considered to be on duty while at the course or proceeding to or from the course.
C.
Temporary agency workers (with the exception of interns) and contract workers are generally not
eligible to take City training classes. Seasonal City employees are generally not eligible to take
City training classes unless required by the City or requested by the supervisor. Volunteers may
take City training classes on a “space available basis”.
City of Mesa Personnel Rules
Page 39
{00596998.1}
CHAPTER 5: CONDITIONS OF EMPLOYMENT
SECTION 510. STANDARDS OF CONDUCT
A.
General: In addition to the conduct prohibited to all Arizona public employees by ARS §38-501
through ARS §38-505, and ARS §38-532, a violation of the Standards of Conduct listed in
Subsection B below, or Article IX, Section 902, of the Mesa City Charter, is cause for discipline
or dismissal of a City employee. (See also Section 820.F Dismissal)
B.
Causes for Discipline:
1.
Incompetence or inefficiency in the performance of duties.
2.
Abusiveness or discourtesy in demeanor, language, or conduct to the public, wards of the
City, or fellow employees.
3.
Violation of any policy or procedure, lawful or official regulation or order, or failure to obey
any lawful and reasonable direction given by the employee's superior officer or supervisor.
4.
Violating the City’s policy on Alcohol and Drug Free Workplace (see Management Policy
316) or implementing procedures (see MP 316 Procedures).
5.
Accepting a bribe in the course of work or in connection with it.
6.
Using, threatening to use, or attempting to use undue influence, extortion, or blackmail in
securing employment benefits or advantages for the employee or any other person.
7.
Conduct of a type that will bring discredit or embarrassment to the City.
8.
a.
A felony conviction.
b.
Failure to report any felony or misdemeanor conviction.
c.
Failure to report any felony arrest.
d.
A misdemeanor conviction, depending on the severity and nature of the
conviction.
Employees are required to notify their chain of command upon the start of the employee’s
next scheduled workday following the conviction or arrest.
.
9.
Knowingly or intentionally falsifying City documents or records, making false, incomplete,
or misleading statements to any individual, or using fraud to secure an appointment with
the City.
10.
Causing bodily injury to person(s), theft of or damage to public property, or wasting public
supplies due to negligence or willful misconduct.
11.
Being absent from duty without authority.
12.
Engaging in outside business activities on City time or using City property for personal use
unless authorized by written City or departmental administrative policy.
City of Mesa Personnel Rules
Page 40
{00596998.1}
13.
Engaging in workplace discrimination, harassment, or retaliation in violation of
Management Policy 308 – Workplace Discrimination and Harassment.
14.
Failure to maintain minimum standards, licenses, or qualifications required for any
position.
15.
Failure of an employee to operate a City vehicle in a safe and lawful manner. Disciplinary
action for moving violations received will be based upon the severity of the moving
violation and the number of violations in a one (1) year period.
16.
Knowingly destroying, deleting, or altering documents (including e-mail or computer files)
that are related to an investigation.
SECTION 520. WORK RULES
A.
Work Week: The work week for all employees is the period of seven (7) consecutive days starting
Monday at 12:00 a.m. and ending Sunday at 11:59 p.mThe standard work week for full-time
employees, shall be forty (40) hours per week (see work period for sworn Fire personnel working
a twenty-four (24)-hour shift).
B.
Work Period: The work period for all sworn Fire personnel working a twenty-four (24)-hour shift
is a period of twenty-seven (27) days, starting at 12:00 a.m. on day one (1) and ending at 11:59
p.m. on day twenty-seven (27). The work period for all sworn Fire personnel working a twelve
(12)-hour shift is a period of twelve (12) days, starting at 12:00 a.m. on day one (1) and ending at
11:59 p.m. on day twelve (12).
C.
Pay Period: A pay period is defined as two (2) work weeks. Paychecks are issued for the two
(2) weeks that ended at midnight the previous Sunday in accordance with ARS §23-351.
D.
Rest Periods: Each employee may have one (1) separate rest period of fifteen (15) minutes,
each four (4) hour period during the workday, which shall be counted as time worked. Rest
periods shall not be combined so as to provide an extended rest period or meal break or to shorten
the workday unless approved by the Assistant City Manager, Deputy City Manager, or City
Manager designee due to operational needs. If an employee is required to work during either or
both of the normal rest periods, the time worked shall not be considered as qualifying for overtime
or compensatory time. Supervisors will determine the rest period schedule. Reasonable break
times will be afforded to nursing mothers in accordance with the mandates of the Patient
Protection and Affordable Care Act.
E.
Meal Breaks: Unless otherwise stated by department regulations, each full-time employee shall
receive a meal break, which shall normally be thirty (30) minutes to one (1) hour each day. The
employee shall not be paid for the meal break and is not subject to recall for duty during this
period. If it is determined to be in the best interest of the City government, the City Manager or
designee may authorize some employees to eat a meal during the hours of work. In such
instances the employee is subject to recall at any time and must not leave the work premises
unless authorized. Supervisors will determine the meal break length and schedule.
F.
The City reserves the right to establish an employee’s work schedule in accordance with
operational needs.
City of Mesa Personnel Rules
Page 41
{00596998.1}
SECTION 530. PERFORMANCE EVALUATIONS
A.
General: Each City employee shall receive a performance appraisal as scheduled in Subsection
B below. The performance appraisal will be accomplished on forms approved by the Human
Resources Director. (See Management Policy 300 - Performance Appraisal Program and
Procedures Manual)
B.
Frequency: Performance appraisal reports shall be completed two (2) weeks prior to the
completion of any probation, and two (2) weeks prior to any scheduled step pay increase. All
appraisals shall be forwarded to the Human Resources Department for inclusion in the
employee’s personnel file. All employees shall be evaluated at least once per year.
C.
Rating Authority: An employee's supervisor shall be that employee's rating authority.
D.
Reviewing Authority: The head of each department is designated as the official reviewing
authority.
E.
Review: Each employee shall be allowed to review the completed appraisal form. The employee
shall sign the appraisal to acknowledge receipt and shall receive a copy of the completed
appraisal. The original copy of all appraisal forms shall be submitted to the Human Resources
Director for filing in the employee's personnel file. (See Management Policy 300 - Performance
Appraisal Program And Procedures Manual)
The employee shall be given three (3) working days after signing the appraisal to make comments
on the form. In cases of employee illness or other extenuating circumstances, the supervisor may
allow more time for comments.
F.
Grievance: If an employee receives a performance appraisal that results in the denial of a step
pay increase, the employee may submit a grievance as provided for in Chapter 7.
SECTION 540. PROBATION
A.
Types of Probation: The types of probation allowed in City of Mesa employment are initial
regular probation and disciplinary probation.
B.
Part-Time, Grant-Funded, and Project-Funded to Full-Time Employment:
1.
Part-time non-benefited employees reclassified to a full-time classification shall serve an
initial regular probation as specified in Subsection C below.
2.
If a part-time benefited, grant-funded, or project-funded employee moves into a classified
full-time position within the same department after one (1) year, the employee will not have
to serve initial regular probation if the most recent performance appraisal review was
successful.
If a part-time benefited, grant-funded, or project funded employee moves into a classified,
full-time position in a different department, the employee will serve a six- (6) month initial
regular probation period from the date of the change to classified status, which cannot be
extended.
3.
If the movement into a classified position occurs prior to one year, the employee will serve
a twelve-(12) month initial regular probation from the date of the change to classified
City of Mesa Personnel Rules
Page 42
{00596998.1}
status.
C.
Initial Regular Probation:
1.
Duration: The duration of initial regular probation shall be:
a.
Eighteen (18) months for Police Officer-Recruits required to attend a Police
Training Academy and Public Safety Telecommunicators.
b.
Fifteen (15) months for Police Officers who are lateral entry candidates at the time
of their entrance and who are not required to attend a Police Training Academy.
c.
Twelve (12) months from the date of reclassification from Firefighter Recruit to
Firefighter upon completion of the Fire Training Academy and receipt of required
certifications.
d.
Twelve (12) months for all other full-time employees not referenced in Section 540
B.2 and 540.C.1. a, b, and c above.
2.
Extensions: Initial regular probation may be extended one (1) time in writing with the
approval of the Department Director or City Manager designee. The extension shall not
exceed the original probation period.
The probationary period shall be extended for the corresponding period for which the
probationary employee is absent from work for any reason for thirty (30) or more
consecutive working days. Absences for less than thirty (30) working days shall not extend
the initial regular probation period.
b.
Completion of Probation: A performance rating that satisfies the requirements of the
department on the final evaluation shall confirm the probationer to regular City of Mesa
employment status after the completion of the required probationary period. An employee
placed on initial regular probation shall receive a written performance evaluation prior to
the end of the probation period.
If the completed probationary evaluation is not reviewed by the probationer by the last day
of the probation period, the probationer will be considered to have successfully completed
probation.
c.
If the Department Director or City Manager designee determines at any time during an
initial regular probationary period that the services of the probationary employee are no
longer required for any reason, or for no reason, the employee may be dismissed without
the right of appeal. The employee shall be provided a copy of the Notice of Dismissal.
D.
Disciplinary Probation: (See also Section 820.B)
1.
The Department Director or City Manager designee (or authorized representative) may
place an employee on probation for a disciplinary purpose. Disciplinary probation will be
twelve (12) months and cannot be extended beyond its original length. A Department
Director can remove the employee from disciplinary probation early, if warranted.
2.
Disciplinary probation will be based on infractions as outlined in Section 510. Disciplinary
probation is intended to notify the employee that any act(s) by the employee, which could
result in further disciplinary action, occurring while the employee is on disciplinary
probation, may be grounds for involuntary demotion or dismissal.
City of Mesa Personnel Rules
Page 43
{00596998.1}
3.
While on disciplinary probation, an employee will not be allowed to compete for any
promotion or any promotional testing but may apply and be considered for positions that
would be a demotion or a lateral transfer to a position at the same pay range as the
employee’s current position with City Manager Designee approval. The salary will be set
by the department at a rate no more than the current salary and no more than five percent
(5%) below that salary. The employee's salary will be frozen for the duration of the
probation period.
4.
If an employee’s step pay review falls during the disciplinary probation period the review
may take place, but no step pay increase will be granted. The step pay performance
appraisal may be deferred until such time as the employee is removed from disciplinary
probation status. The rater may complete the evaluation and indicate step pay denied (at
which time the employee will not be eligible for the step pay increase until the end of the
disciplinary probation if the employee has a successful performance appraisal).
SECTION 550. ALCOHOL AND DRUG TESTING
The City will conduct alcohol and drug testing under all circumstances required by federal or state law.
In addition, the City may conduct substance abuse testing when permitted by law. This may include, but
not be limited to: pre-employment or pre-placement testing, reasonable suspicion testing, random
testing, post-accident testing, and follow-up testing. (See Management Policy 316 - Alcohol and Drug
Free Workplace Program)
SECTION 560: ADMINISTRATIVE LEAVE
A.
Authority: A Department Director or designee or City Manager designee may place an employee
on administrative leave.
B.
Duration: Administrative leave shall not extend beyond ninety (90) days without notification to
the City Manager (or designee), Assistant City Manager, or Deputy City Manager. For the length
of administrative leave the City will pay the employee at their effective hourly rate.
C.
Chargeability: The time will be charged to administrative leave.
City of Mesa Personnel Rules
Page 44
{00596998.1}
CHAPTER 6: CHANGES IN ASSIGNMENT
SECTION 610. PROMOTION
A.
Eligibility:
1.
Promotional examinations are open to all City of Mesa employees who meet the minimum
qualifications, except that an employee who is on disciplinary probation may not compete
in a promotional examination during the probationary period. This limitation may be
waived by the Assistant City Manager, Deputy City Manager, or City Manager designee
with approval of the Human Resources Director and the City Manager.
2.
If two (2) or more qualified employees apply for a promotional opening, the Human
Resources Director may require a competitive examination to determine the best qualified
candidate.
B.
Step Pay Review Date: Upon promotion an employee shall remain on the common review cycle.
SECTION 620. TRANSFER
A.
Intra-Department Transfer: A Department Director or City Manager designee, after review by
the Human Resources Director, may transfer an employee to a different position within the
department at the same pay range.
B.
Inter-Department Transfer: An employee may be transferred to a different position in the same
pay range in another department with the approval of both Department Directors. Approval by
the Assistant City Manager, Deputy City Manager or City Manager designee is required if the
transfer includes a promotional increase above the midpoint of the range.
C.
Reason for Transfer: An employee may be transferred at the employee's request, for the
convenience of the City, or because the employee is no longer capable of performing the functions
of the position.
D.
Qualifications: A transferred employee must meet the minimum qualifications for the class to
which the employee may be transferred.
E.
Multiple Requests: If two (2) or more employees request transfer to the same vacant position
not in their department, the Human Resources Director may require examination in the same
manner as for promotional vacancies. If an employee requests a transfer for which the employee
is qualified and such a position is not open, the employee's name may be placed on an
employment list for that classification.
SECTION 630. SPECIAL ASSIGNMENT
A.
Authority: A Department Director or City Manager designee may place an employee on special
assignment for assuming higher level job responsibilities than normally covered by the
employee's job classification.
B.
Duration: Special assignments shall not extend beyond a period of twelve (12) months.
Requests for an extension of up to an additional twelve (12) months shall be reviewed and
City of Mesa Personnel Rules
Page 45
{00596998.1}
approved by the City Manager, City Manager designee, Assistant City Manager, or Deputy City
Manager. Special assignments may be revoked at any time at the discretion of the City Manager,
City Manager designee, Assistant City Manager, or Deputy City Manager. Revocation is not
disciplinary and not subject to due process.
C.
Sworn employees: Sworn employees serving in a rotational capacity can be placed on special
assignment for up to two (2) years. After two (2) years, special assignments will be subject to a
yearly renewal and approval at the discretion of the City Manager or designee.
D.
Compensation: An employee placed on special assignment shall receive a five percent (5%)
salary increase to compensate the employee for the higher-level work performed. The City
Manager, City Manager designee, Assistant City Manager, or Deputy City Manager may authorize
a salary increase of up to ten percent (10%) as appropriate.
An employee assigned on special assignment for one (1) pay period or less shall receive the
same salary as before the assignment. An employee on special assignment for more than one
(1) pay period may receive a salary at the higher pay range if recommended by the Department
Director or City Manager designee.
E.
Step Pay Increases: During the period of a special assignment, the employee will continue to
receive step pay increases based on the common review date cycle, if eligible.
City of Mesa Personnel Rules
Page 46
{00596998.1}
CHAPTER 7: GRIEVANCE
SECTION 710. GRIEVABLE AND NON-GRIEVABLE ISSUES
A.
Grievable Issues
1.
The interpretation or application of City of Mesa Personnel Rules, Management Policies,
or individual department rules or policies as to the grieving employee.
2.
A performance appraisal that results in the denial of a step pay increase.
B.
Non-Grievable Issues include, but are not limited to:
1.
Matters related to any retirement system.
2.
The City’s participation in any insurance program.
3.
Matters related to any exam process, certification, or appointment.
4.
Job classifications.
5.
Disciplinary actions. (Appeal rights related to disciplinary actions are set forth in Chapter
8.)
6.
Reductions in Workforce.
7.
Complaints by at-will employees.
8.
Any matter not within the City’s control.
9.
Management rights, including:
a) The right of the City to direct its employees and their work.
b) The City's decision to hire, promote, transfer, assign, and retain employees.
c) The City's right to maintain efficient government operations and to determine the
methods, means, and personnel by which these operations are to be conducted.
SECTION 720. GRIEVANCE PROCESS
A.
An employee wishing to file a grievance shall complete and submit the Notice of Employee
Grievance Form to the employee’s Department Director, with a copy to the Human Resources
Director, within fifteen (15) days after the occurrence of the action being grieved. If the subject of
City of Mesa Personnel Rules
Page 47
{00596998.1}
the grievance is the Department Director, the employee shall submit the form to the
Assistant/Deputy City Manager over the department within the same time frame. If the
Assistant/Deputy City Manager is the subject of the grievance, the employee shall submit the
grievance to the City Manager within the same time frame.
B.
The Department Director (or Assistant/Deputy City Manager, as applicable) shall issue a written
decision to the employee within thirty (30) days after receipt of the grievance and provide a copy
of the decision to the Human Resources Director. The deadline may be extended if circumstances
arise that preclude a timely decision. If the grievance is not resolved to the employee’s
satisfaction, the employee may appeal the decision to the City Manager by submitting the
grievance to the City Manager, with a copy to the Human Resources Director, within ten (10) days
of issuance of the original decision. The City Manager will review the grievance and issue a
decision in writing, with a copy to the Human Resources Director, within thirty (30) days of receipt
of the grievance. This deadline may also be extended if more information is required or if other
circumstances arise that preclude a timely decision. The City Manager’s decision is final.
City of Mesa Personnel Rules
Page 48
{00596998.1}
CHAPTER 8: CORRECTIVE ACTION AND DISCIPLINE
SECTION 810. TYPES OF CORRECTIVE ACTION; NON-DISCIPLINARY AND DISCIPLINARY;
PROGRESSIVE DISCIPLINE
A.
Non-Disciplinary Corrective Actions
1.
Non-disciplinary corrective action consists of verbal counseling, written counseling, and/or
a corrective action plan. These forms of corrective action are defined in Management
Policy 339, Corrective Action and Discipline.
2.
Non-disciplinary corrective action can be issued by a supervisor or a manager.
3.
Corrective action plans must be signed by the employee (or witness if the employee
refuses to sign) and are maintained in the employee’s official personnel file. Written
counselings are maintained in the employee’s workstation file.
B.
Disciplinary Corrective Actions
1.
Disciplinary corrective action is corrective action in the form of a written reprimand,
disciplinary probation, suspension, involuntary reduction in pay, involuntary demotion, or
dismissal from employment.
2.
Disciplinary corrective action is formal discipline and maintained in the employee’s official
personnel file.
C.
Progressive Discipline
Managers and supervisors are encouraged to follow progressive discipline whenever appropriate,
imposing the lowest level of appropriate discipline and progressing to higher levels for successive
performance problems or conduct violations. However, progressive discipline is not required for
criminal violations, egregious conduct infractions, or extraordinary incompetence in the
performance of job duties.
SECTION 820. DISCIPLINE AGAINST CLASSIFIED (NOT AT-WILL) EMPLOYEES; DUE PROCESS
A.
Written Reprimand
1.
Authority: A written reprimand may be issued to an employee by the employee’s
Department Director (or designated acting Department Director or Manager) or, if the
employee is a Department Director by the applicable Assistant/Deputy City Manager, for
violations of standards of conduct, as set forth in the City Personnel Rules or Management
Policies, when non-disciplinary corrective action measures have been unsuccessful in
correcting the conduct, or such measures are not appropriate for the seriousness of the
issue(s) and more severe discipline is not warranted.
2.
Employees are not entitled to a Pre-Deprivation Hearing for a written reprimand.
3.
Appeals: An employee may appeal a written reprimand by completing and submitting a
Notice of Appeal of Written Reprimand Form to the Assistant/Deputy City Manager in the
employee’s chain of command, with a copy to the Human Resources Director. If the
manager that issued the written reprimand is the Assistant/Deputy City Manager, then the
City of Mesa Personnel Rules
Page 49
{00596998.1}
Notice of Appeal of Written Reprimand must be submitted to the City Manager, with a copy
to the Human Resources Director. The form must be received within fifteen (15) days
after the Written Reprimand is signed by the employee (or witness if the employee refuses
to sign). The Assistant/Deputy City Manager (or City Manager when it is the
Assistant/Deputy City Manager’s decision being appealed) will review the matter and issue
a decision in writing to the employee within thirty (30) days after the Notice of Appeal of
Written Reprimand is received. The Assistant/Deputy City Manager (or City Manager)
may extend the deadline to rule on the appeal if circumstances arise that preclude a timely
ruling. The decision of the Assistant/Deputy City Manager (or City Manager) is final.
B.
Disciplinary Probation
1.
Authority: An employee may be placed on disciplinary probation for a period of twelve
(12) months by the employee’s Department Director (or designated acting Department
Director or Manager) or, if the employee is a Department Director, by the applicable
Assistant/Deputy City Manager, violations of standards of conduct, as set forth in the City
Personnel Rules or Management Policies. The Department Director or Assistant/Deputy
City Manager may remove the employee from disciplinary probation early, if warranted,
after consultation with the Human Resources Director. Disciplinary probation cannot be
extended beyond its original length.
2.
Violations of City Personnel Rules or Management Policies while on disciplinary probation
may result in further discipline, up to and including dismissal.
3.
Employees on disciplinary probation are prohibited from competing for any promotion or
any promotional testing but may apply and be considered for positions that would be a
demotion or a lateral transfer to a position at the same pay range as the employee’s
current position with City Manager Designee approval.
4.
Employees on disciplinary probation are not eligible for step-pay increases. Supervisors
shall periodically meet with an employee on disciplinary probation to review the
employee’s performance and progress. Supervisors shall complete the employee’s
midpoint and annual performance appraisal forms (PAF). Employees on disciplinary
probation are not eligible for the Common Review Date step increase. The employee will
be eligible for a step-pay increase at the end of disciplinary probation if the employee
receives a successful performance appraisal.
5.
The disciplinary probation form must be signed by the employee (or a witness if the
employee refuses to sign) and forwarded to the Human Resources Director for inclusion
in the personnel file.
6.
Appeals: An employee may appeal disciplinary probation by completing and submitting a
Notice of Appeal of Disciplinary Probation Form and submitting it to the Assistant/Deputy
City Manager in the employee’s chain of command, with a copy to the Human Resources
Director. If the manager that issued the disciplinary probation is the Assistant/Deputy City
Manager, then the Notice of Appeal of Disciplinary Probation must be submitted to the
City Manager, with a copy to the Human Resources Director. The form must be received
within fifteen (15) days after the disciplinary probation is signed by the employee (or
witness if the employee refuses to sign). The Assistant/Deputy City Manager (or City
Manager when it is the Assistant/Deputy City Manager’s decision being appealed) will
review the matter and issue a decision in writing to the employee within thirty (30) days
after the Notice of Appeal of Disciplinary Probation is received. The Assistant/Deputy City
City of Mesa Personnel Rules
Page 50
{00596998.1}
Manager (or City Manager) may extend the deadline to rule on the appeal if more
information is required or if other circumstances arise that preclude a timely ruling. The
decision of the Assistant/Deputy City Manager (or City Manager) is final.
C.
Suspension
1.
Authority: An employee may be suspended from their position by the employee’s
Department Director (or designated acting Department Director or Manager) or, if the
employee is a Department Director, by the applicable Assistant/Deputy City Manager, for
violations of standards of conduct, as set forth in the City Personnel Rules or Management
Policies.
2.
Duration: An employee may not be suspended for less than one full workday/shift with
the exception of sworn Fire personnel working a twenty-four (24)-hour shift may be
suspended for less than 24 hours. An employee may not be suspended for longer than
two hundred forty (240) work hours for a full-time employee; three hundred thirty-six (336)
work hours for sworn Fire personnel working a twenty-four (24)-hour shift; or two hundred
fifty-two (252) work hours for sworn Fire personnel working a twelve (12)-hour shift for a
single violation of the City Personnel Rules or Management Policies. An employee cannot
be suspended for more than two hundred forty (240) working hours or the equivalent for
sworn Fire personnel in any twelve (12)-month period. Suspension hours must coincide
with the employee’s normally scheduled work hours. Exempt employee suspensions may
be served in no less than one (1) or more full-day increments unless the reason for the
suspension is violation of a workplace safety rule of major significance. Employees may
not work voluntary overtime shifts during the duration of the suspension until all hours of
the suspension have been served.
3.
Pre-Deprivation Hearing: Employees, other than sworn police employees, served with a
Notice of Intent to Discipline in which the recommended discipline is for more than twenty
(20) work hours shall have the right to a Pre-Deprivation Hearing. Sworn police employees
shall have the right to a Pre-Deprivation Hearing for any suspension. The Department
Director (or Assistant/Deputy City Manager, as applicable) may preside over the hearing;
provided, however, that if the Department Director has been substantially involved in the
matter leading up to the recommended discipline, they are encouraged to recuse
themselves and have the hearing held by another Department Director who has had no
involvement in the matter. A Notice of Pre-Deprivation Hearing notifying the employee of
the date, time, and location of the hearing and the basis for the recommendation shall be
hand-delivered to the employee at least twenty-four (24) hours before the hearing if the
employee is in the workplace.
If the employee is not in the workplace (i.e. on administrative leave), the notice shall be
delivered to the employee at least twenty-four (24) hours before the hearing by one of the
following methods: hand-delivery; email, or by U.S. mail. The hearing shall be scheduled
far enough in advance to give the employee sufficient notice.
The employee may bring one (1) personal representative to the hearing, who may speak
and participate in the hearing. If the employee’s representative is a City employee, the
representative must receive approval from their supervisor to attend the hearing. The
Department Director presiding over the hearing may set a reasonable time limit for the
employee and/or the employee’s representative to present the employee’s case. For
additional information about the Pre-Deprivation Hearing, please refer to Management
Policy 339 – Corrective Action and Discipline.
City of Mesa Personnel Rules
Page 51
{00596998.1}
a. Notice of Suspension: If the hearing results in the recommendation for suspension being
upheld, the employee will be served with a Notice of Suspension. The form will set forth
the reason(s) for the suspension and the duration. The suspension must begin to be
served within forty-five (45) days after receipt of the Notice of Suspension. The form must
be signed by the employee (or a witness if the employee refuses to sign). A copy of the
Notice of Suspension must be forwarded to the Human Resources Director or designee
within twenty-four (24) hours of service of the notice on the employee. The Notice of
Suspension shall be served in the same manner as required for the Notice of Pre-
Deprivation Hearing.
4.
Insurance Premiums: If the employee does not have enough money in the employee’s bi-
weekly paycheck to cover the employee’s portion of insurance premiums during the
suspension period, the City’s Payroll Division will invoice the employee for the premiums.
5.
Appeals:
a.
Sworn Police Department employees. A sworn member of the Police Department
may appeal a suspension by submitting a Notice of Appeal of Suspension Form
Sworn PD to the City Manager with a copy to the Human Resources Director. The
form must be submitted within fifteen (15) days after the Notice of Suspension is
signed by the employee (or witness if the employee refuses to sign). Within fifteen
(15) days after receipt of the Notice of Appeal of Suspension form, the City
Manager will refer the case to the Personnel Appeals Board for a hearing. The
Personnel Appeals Board hearing will be scheduled at the earliest possible date.
The Personnel Appeals Board will render an advisory opinion to the City Manager
in writing within five days after the hearing. Except as provided by Personnel Rule
260.D, the City Manager shall render a final decision in writing within thirty (30)
days after receipt of the Board’s advisory opinion. Except as provided by Personnel
Rule 260.D, the City Manager may amend, modify, reject, or reverse any part or
all of the Board’s recommendation that is arbitrary or made without reasonable
justification and shall explain in writing the reason(s) for such amendment,
modification, rejection, or reversal. For additional information about the Personnel
Appeals Board process, please refer to the Personnel Appeals Board Procedural
Rules for Sworn Law Enforcement.
b.
All other classified City employees. An employee may appeal a suspension by
submitting a Notice of Appeal of Suspension Form to the Assistant/Deputy City
Manager in the employee’s chain of command, with a copy to the Human
Resources Director. If the manager that issued the suspension is the
Assistant/Deputy City Manager, then the Notice of Appeal of Suspension must be
submitted to the City Manager, with a copy to the Human Resources Director. The
form must be submitted within fifteen (15) days after the Notice of Suspension is
signed by the employee (or witness if the employee refuses to sign). The
Assistant/Deputy City Manager (or City Manager when it is the Assistant/Deputy
City Manager’s decision being appealed) will review the matter and issue a
decision in writing to the employee within thirty (30) days after the Notice of Appeal
of Suspension is submitted. The Assistant/Deputy City Manager (or City Manager)
may extend the deadline to rule on the appeal if more information is required or if
other circumstances arise that preclude a timely ruling. The decision of the
Assistant/Deputy City Manager (or City Manager) is final.
City of Mesa Personnel Rules
Page 52
{00596998.1}
D.
Involuntary Reduction in Pay
1.
Authority: An employee may be issued an involuntary reduction in pay by the employee’s
Department Director (or designated acting Department Director or Manager) or, if the
employee is a Department Director, by the applicable Assistant/Deputy City Manager, for
violations of standards of conduct, as set forth in the City Personnel Rules or Management
Policies.
2.
Pre-Deprivation Hearing: Employees served with a Notice of Intent to Discipline in which
the recommended discipline is for an involuntary reduction in pay shall have the right to a
Pre-Deprivation Hearing. Upon recommendation of a reduction in pay, the employee shall
be served with a Notice of Pre-Deprivation Hearing. The notice shall notify the employee
of the date, time, and location of the hearing and the basis for the recommendation for a
reduction in pay. The notice shall be hand-delivered to the employee at least twenty-four
(24) hours before the hearing if the employee is in the workplace.
If the employee is not in the workplace (i.e., on administrative leave), the notice shall be
delivered to the employee at least twenty-four (24) hours before the hearing by one of the
following methods: hand-delivery; email, or by U.S. mail. The hearing shall be scheduled
far enough in advance to give the employee sufficient notice.
The employee may bring one (1) personal representative to the hearing, who may speak
and participate in the hearing. If the employee’s representative is a City employee, the
representative must receive approval from their supervisor to attend the hearing. The
Department Director presiding over the hearing may set a reasonable time limit for the
employee and/or the employee’s representative to present the employee’s case. For
additional information about the pre-deprivation hearing, please refer to Management
Policy 339 – Corrective Action and Discipline.
3.
Notice of Involuntary Reduction in Pay: If the hearing results in the recommendation for
involuntary reduction in pay being upheld, the employee will be served with a Notice of
Involuntary Reduction in Pay. The form will set forth the reason(s) for the involuntary
reduction in pay. The form must be signed by the employee (or a witness if the employee
refuses to sign). A copy of the Notice of Involuntary Reduction in Pay must be forwarded
to the Human Resources Director or designee within twenty-four (24) hours of service of
the notice on the employee. The Notice of Involuntary Reduction in Pay shall be served
in the same manner as required for the Notice of Pre-Deprivation Hearing.
4.
Appeals: An employee may appeal an involuntary reduction in pay by completing and
submitting a Notice of Appeal of Involuntary Reduction in Pay Form to the
Assistant/Deputy City Manager in the employee’s chain of command, with a copy to the
Human Resources Director. If the manager that issued the involuntary reduction in pay is
the Assistant/Deputy City Manager, then the Notice of Appeal of Involuntary Reduction in
Pay must be submitted to the City Manager, with a copy to the Human Resources Director.
The form must be received within fifteen (15) days after the Notice of Involuntary
Reduction in Pay is signed by the employee (or witness if the employee refuses to sign).
The Assistant/Deputy City Manager (or City Manager when it is the Assistant/Deputy City
Manager’s decision being appealed) will review the matter and issue a decision in writing
to the employee within thirty (30) days after the Notice of Appeal of Involuntary Reduction
in Pay is received. The Assistant/Deputy City Manager (or City Manager) may extend the
deadline to rule on the appeal if more information is required or if other circumstances
City of Mesa Personnel Rules
Page 53
{00596998.1}
arise that preclude a timely ruling. The decision of the Assistant/Deputy City Manager (or
City Manager) is final.
E.
Involuntary Demotion (See also Section 320.H)
1.
Authority: An employee may be demoted from their position by the employee’s
Department Director (or designated acting Department Director or Manager) or, if the
employee is a Department Director, by the applicable Assistant/Deputy City Manager, for
violations of standards of conduct, as set forth in the City Personnel Rules or Management
Policies.
2.
Pre-Deprivation Hearing: An employee served with a Notice of Intent to Demote shall have
the right to a Pre-Deprivation Hearing. The Department Director (or Assistant/Deputy City
Manager, as applicable) may preside over the hearing; provided, however, that if the
Department Director has been substantially involved in the matter leading up to the
recommended discipline, they are encouraged to recuse themselves and have the hearing
held by another Department Director who has had no involvement in the matter. A Notice
of Pre-Deprivation Hearing notifying the employee of the date, time and location of the
hearing and the basis for the recommendation shall be hand-delivered to the employee at
least twenty-four (24) hours before the hearing if the employee is in the workplace.
If the employee is not in the workplace (i.e. on administrative leave), the notice shall be
be delivered to the employee at least twenty-four (24) hours before the hearing by one of
the following methods: hand-delivery; email, or by U.S. mail. The hearing shall be
scheduled far enough in advance to give the employee sufficient notice.
The employee may bring one (1) personal representative to the hearing, who may speak
and participate in the hearing. If the employee’s representative is a City employee, the
representative must receive approval from their supervisor to attend the hearing. The
Department Director presiding over the hearing may set a reasonable time limit for the
employee and/or the employee’s representative to present the employee’s case. For
additional information about the Pre-Deprivation Hearing, please refer to Management
Policy 339 – Corrective Action and Discipline.
3.
Notice of Demotion: If the hearing results in the recommendation for demotion being
upheld, the employee will be served with a Notice of Demotion. The form will set forth the
reason(s) for the demotion. The form must be signed by the employee (or a witness if the
employee refuses to sign). A copy of the Notice of Demotion must be forwarded to the
Human Resources Director or designee within twenty-four (24) hours of service of the
notice on the employee. The Notice of Demotion shall be served in the same manner as
required for the Notice of Pre-Deprivation Hearing.
4.
Assignment and Position Availability: A demoted employee will be placed in a currently
existing, vacant, and funded position for which the employee meets minimum
qualifications at the pay range assigned to the position. If no position is currently existing,
vacant, and funded, the employee may be dismissed unless an alternative form of
discipline is imposed.
5.
Disciplinary Probation: An employee demoted for disciplinary reasons shall be placed on
one year of disciplinary probation. See Section 820.B and Section 320 H.1.
6.
Step Pay Increase: An employee on disciplinary probation is not eligible for a step pay
City of Mesa Personnel Rules
Page 54
{00596998.1}
increase until disciplinary probation ends with a successful performance appraisal.
City of Mesa Personnel Rules
Page 55
{00596998.1}
7.
Appeals:
a.
Sworn Police Department employees. A sworn member of the Police Department
may appeal an involuntary demotion by completing and submitting a Notice of
Appeal of Demotion Form Sworn PD to the City Manager with a copy to the Human
Resources Director. The form must be submitted within fifteen (15) days after the
Notice of Demotion is signed by the employee (or witness if the employee refuses
to sign). Within fifteen (15) days after receipt of the Notice of Appeal of Demotion
form, the City Manager will refer the case to the Personnel Appeals Board for a
hearing. The Personnel Appeals Board hearing will be scheduled at the earliest
possible date. The Personnel Appeals Board will render an advisory opinion to the
City Manager in writing within five (5) days after the hearing. Except as provided
by Personnel Rule 260.D, the City Manager shall render a final decision in writing
within thirty (30) days after receipt of the Board’s advisory opinion. Except as
provided by Personnel Rule 260.D, the City Manager may amend, modify, reject,
or reverse any part or all of the Board’s recommendation that is arbitrary or made
without reasonable justification and shall explain in writing the reason(s) for such
amendment, modification, rejection or reversal. For additional information about
the Personnel Appeals Board process, please refer to the Personnel Appeals
Board Procedural Rules for Sworn Law Enforcement.
b.
All other classified City employees. An employee may appeal an involuntary
demotion by completing a Notice of Appeal of Demotion Form and submitting it to
the City Manager, with a copy to the Human Resources Director. The form must
be submitted within fifteen (15) days after the Notice of Demotion is signed by the
employee (or witness if the employee refuses to sign). Except as provided by
Personnel Rule 260.D, the City Manager may review the matter and issue a
decision in writing to the employee within thirty (30) days after the Notice of Appeal
of Demotion is submitted. Except as provided by Personnel Rule 260.D, the City
Manager may extend the deadline to rule on the appeal if more information is
required or if other circumstances arise that preclude a timely ruling. Except as
provided by Personnel Rule 260.D, the City Manager may also refer the matter to
the Personnel Appeals Board for an advisory opinion before making a final
decision. If the matter is referred to the Personnel Appeals Board, it must be
referred within fifteen (15) days after receipt of the Notice of Appeal of Demotion.
Except as provided by Personnel Rule 260.D, City Manager will issue a decision
in writing within thirty (30) days after receipt of the Board’s advisory opinion. The
decision of the City Manager, or City Auditor in situations governed by Personnel
Rule 260.D, is final. For additional information about the Personnel Appeals Board
process, please refer to the Personnel Appeals Board Procedural Rules for
Classified Employees.
F.
Dismissal
1.
Authority: An employee may be dismissed from their position by the employee’s
Department Director (or designated acting Department Director or Manager) or, if the
employee is a Department Director, by the applicable Assistant/Deputy City Manager, for
violations of standards of conduct, as set forth in the City Personnel Rules or Management
Policies.
2.
Pre-Deprivation Hearing: An employee served with a Notice of Intent to Dismiss shall have
the right to a Pre-Deprivation Hearing. The Department Director (or Assistant/Deputy City
City of Mesa Personnel Rules
Page 56
{00596998.1}
Manager, as applicable) may preside over the hearing; provided, however, that if the
Department Director has been substantially involved in the matter leading up to the
recommended discipline, they are encouraged to recuse themselves and have the hearing
held by another Department Director who has had no involvement in the matter. A Notice
of Pre-Deprivation Hearing notifying the employee of the date, time and location of the
hearing and the basis for the recommendation shall be hand-delivered to the employee at
least forty-eight (48) hours before the hearing if the employee is in the workplace.
If the employee is not in the workplace (i.e. on administrative leave), the notice shall be
delivered to the employee at least forty-eight (48) hours before the hearing by one of the
following methods: hand-delivery; email, or by U.S. mail. The hearing shall be scheduled
far enough in advance to give the employee sufficient notice
The employee may bring one personal representative to the hearing, who may speak and
participate in the hearing. If the employee’s representative is a City employee, the
representative must receive approval from their supervisor to attend the hearing. The
Department Director presiding over the hearing may set a reasonable time limit for the
employee and/or the employee’s representative to present the employee’s case. For
additional information about the Pre-Deprivation Hearing, please refer to Management
Policy 339 – Corrective Action and Discipline.
3.
Notice of Dismissal: If the hearing results in the recommendation for dismissal being
upheld, the employee will be served with a Notice of Dismissal. The form will set forth the
reason(s) for the dismissal and the effective date. The form must be signed by the
employee (or a witness if the employee refuses to sign). A copy of the Notice of Dismissal
must be forwarded to the Human Resources Director or designee within twenty-four (24)
hours of service of the notice on the employee. The Notice of Dismissal shall be served
in the same manner as required for the Notice of Pre-Deprivation Hearing.
4.
Appeals:
a.
Sworn Police Department employees. A sworn member of the Police Department
may appeal a dismissal from employment by completing and submitting a Notice
of Appeal of Dismissal Form Sworn PD to the City Manager with a copy to the
Human Resources Director. The form must be submitted within fifteen (15) days
after the Notice of Dismissal is signed by the employee (or witness if the employee
refuses to sign). Within fifteen (15) days after receipt of the Notice of Appeal of
Dismissal Form, the City Manager will refer the case to the Personnel Appeals
Board for a hearing. The Personnel Appeals Board hearing will be scheduled at
the earliest possible date. The Personnel Appeals Board will render an advisory
opinion to the City Manager in writing within five (5) days after the hearing. Except
as provided by Personnel Rule 260.D, the City Manager shall render a final
decision in writing within thirty (30) days after receipt of the Board’s advisory
opinion. Except as provided by Personnel Rule 260.D, the City Manager may
amend, modify, reject, or reverse any part or all of the Board’s recommendation
that is arbitrary or made without reasonable justification and shall explain in writing
the reason(s) for such amendment, modification, rejection or reversal. For
additional information about the Personnel Appeals Board process, please refer to
the Personnel Appeals Board Procedural Rules for Sworn Law Enforcement.
b.
All other classified City employees. An employee may appeal a dismissal from
employment by completing and submitting a Notice of Appeal of Dismissal Form
City of Mesa Personnel Rules
Page 57
{00596998.1}
to the City Manager, with a copy to the Human Resources Director. The form must
be submitted within fifteen (15) days after the Notice of Dismissal is signed by the
employee (or witness if the employee refuses to sign). The City Manager will refer
the case to the Personnel Appeals Board for a hearing. The Personnel Appeals
Board hearing will be scheduled at the earliest possible date. The Personnel
Appeals Board will render an advisory opinion to the City Manager in writing within
five (5) days after the hearing. Except as provided by Personnel Rule 260.D, the
City Manager shall render a final decision in writing within thirty (30) days after
receipt of the Board’s advisory opinion. The decision of the City Manager, or City
Auditor in situations governed by Personnel Rule 260(D), is final. For additional
information about the Personnel Appeals Board process, please refer to the
Personnel Appeals Board Procedural Rules for Classified Employees.
SECTION 830. AT-WILL EMPLOYEES
At-will employees are protected by federal and state employment discrimination laws. At-will employees
are not entitled to the due process procedures (pre-deprivation notice and hearing and post-decision
appeal) provided to classified employees under these Personnel Rules. Dismissal of at-will employees,
other than part-time, seasonal, temporary, project, or grant funded, and employees on initial regular
probation, requires the approval of the City Manager or Assistant City Manager.
SECTION 840. COUNTING TIME
Whenever a deadline set forth in under Chapter 8 falls on a Friday, Saturday, Sunday, or City holiday,
then the deadline shall fall to the next City business day.
City of Mesa Personnel Rules
Page 58
{00596998.1}
CHAPTER 9: SEPARATIONS
SECTION 910. RESIGNATION
A.
Requirements: An employee who wishes to leave the City of Mesa employment in good standing
shall submit a written notice of resignation with the employee’s supervisor at least two (2) work
weeks prior to the employee's final work day. The Department Director or City Manager designee
may waive this requirement. The written notice of resignation shall be forwarded to Human
Resources to be included in the employee’s personnel file.
B.
Failure to Meet Requirements: An employee who fails to comply with the requirement for
resignation in good standing cited in Subsection A above may be denied authority to take any
competitive examination for future employment.
C.
Withdrawal: An employee who has provided notice of intent to resign may request to withdraw
this resignation with the consent of the Department Director or City Manager designee, provided
the employee's position has not been filled by another employee.
D.
Medical Retirement: An employee who is unable to work due to a medically certified disability
may apply for medical retirement. This application shall be treated as the resignation from City
employment upon decision from the provider. A medically retired employee will be eligible to
continue insurance coverage as an employee for the duration of the medically certified disability.
E.
Constructive Discharge: Per ARS §23-1502, employees who wish to claim constructive
discharge must give the City advance notice of their intent to resign due to working conditions
that are so difficult or unpleasant that a reasonable employee would feel compelled to resign. An
employee must notify an appropriate representative of the City in writing. The City of Mesa will
respond in writing to the employee’s concerns within fifteen (15) calendar days of the constructive
discharge notice. Under the law, an employee may be required to wait for fifteen (15) calendar
days after providing written notice before the employee may resign if the employee desires to
preserve the right to bring a constructive discharge claim against the City. An employee may be
entitled to a paid or unpaid leave of absence of up to fifteen (15) calendar days while waiting for
the City to respond to the employee’s written communication about the employee’s working
condition.
SECTION 920. REDUCTION IN WORKFORCE
A.
Authority: The Human Resources Director and Assistant City Manager, Deputy City Manager,
or City Manager designee, with the approval of the City Manager, may institute a reduction in
workforce of employees whenever necessary due to lack of funds or work. The Human
Resources Director, Assistant City Manager, Deputy City Manager, or City Manager designee,
and the City Manager shall determine the number and classes of employees to be laid off.
B.
The City shall adopt procedures for the reduction in workforce (RIWF) in accordance with
Management Policy 353 - Reduction in Workforce (RIWF), as issued by the City Manager.
C.
Reduction in Workforce (RIWF) List: An employee who is laid off or placed in another position
as the result of a RIWF will be placed on a RIWF list to be considered for re-employment to their
previously held position, unless the employee opts out. Employees may remain on a RIWF list
for a period time identified in the RIWF Management Policy 353 - Reduction in Workforce (RIWF).
City of Mesa Personnel Rules
Page 59
{00596998.1}
PROFESSIONAL CONDUCT (ETHICS)
The City of Mesa expects and promotes the highest standards of ethics from all of its employees, officials,
volunteers, and temporary workers, whether hired, elected, appointed, or acting as a representative of
the City. City employees and officials retain positions of public trust and must afford fair and equal
opportunity to conduct business with the City. (See Management Policy 354 - Professional Conduct
[(Ethics])
{00596998.1}
LOYALTY OATH
I, the undersigned, hereby execute this document in compliance with Arizona Revised Statutes,
Section § 38-231:
OFFICERS AND EMPLOYEES REQUIRED TO TAKE LOYALTY OATH; FORM; CLASSIFICATION;
DEFINITION
A.
In order to ensure the statewide application of this section on a uniform basis, each board,
commission, agency, and independent office of this state, and of any of its political
subdivisions, and of any county, city, town, municipal corporation, school district, and public
educational institution, shall completely reproduce this section so that the form of written oath
or affirmation required in this section contains all of the provisions of this section for use by all
officers and employees of all boards, commissions, agencies, and independent offices.
B.
Any officer or employee who fails to take and subscribe to the oath or affirmation provided by
this section within the time limits prescribed by this section is not entitled to any compensation
until the officer or employee does so take and subscribe to the form of oath or affirmation
prescribed by this section.
C.
Any officer or employee having taken the form of oath or affirmation prescribed by this section,
and knowingly at the time of subscribing to the oath or affirmation, or at any time thereafter
during the officer's or employee's term of office or employment, does commit or aid in the
commission of any act to overthrow by force, violence, or terrorism as defined in section §13-
2301 the government of this state or of any of its political subdivisions, or advocates the
overthrow by force, violence, or terrorism as defined in section 13-2301 of the government of
this state or of any of its political subdivisions, is guilty of a class 4 felony and, on conviction
under this section, the officer or employee is deemed discharged from the office or
employment and is not entitled to any additional compensation or any other emoluments or
benefits which may have been incident or appurtenant to the office or employment.
D.
Any of the persons referred to in article XVIII, section 10, Constitution of Arizona, as amended,
relating to the employment of aliens, are exempted from any compliance with this section.
E.
In addition to any other form of oath or affirmation specifically provided by law for an officer or
employee, before any officer or employee enters upon the duties of the office or employment,
the officer or employee shall take and subscribe the following oath or affirmation:
As an employee of the City of Mesa, I do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution and laws of the state of Arizona; that I
will bear true faith and allegiance to the same, and defend them against all enemies, foreign
and domestic, and that I will faithfully and impartially discharge the duties of my position with
the City of Mesa, Arizona, according to the best of my ability, so help me God (or so I do
affirm).
F.
For the purposes of this section, "officer or employee" means any person elected, appointed,
or employed, either on a part-time or full-time basis, by this state or any of its political
subdivisions or any county, city, town, municipal corporation, school district, public
educational institution, or any board, commission, or agency of any county, city, town,
municipal corporation, school district, or public educational institution.
{00596998.1}
INDEX
abandonment of employment, 23
absence, 5, 21, 23, 25, 33, 34, 42
absent from duty without authority, 40
academic achievement, 10
access, 8
accrual, 27, 30, 31, 34
additional benefits, 22
administrative leave, 1, 4, 23, 44
administrative leave duration, 44
age, 5, 9
alcohol, 1, 39
alcohol testing, 44
alternative work schedule, 35
anniversary date, 1
announcement, 1, 12
appeal, 43
applicant, 1, 7, 9, 12, 13, 16, 40
application, 12
appointing authority, 13
appointment, 1, 13, 40, 47
at-will, 1, 4, 5, 7, 11
authority, 45
availability of funds, 7
background check, 9
behavior issue, 6
benefited full-time employee, 1
benefited part-time employee, 1, 14, 19, 26,
27, 30, 31, 33, 34, 35
benefits, 34
bereavement, 4, 23
bereavement leave, 34
bereavement time, 33
biweekly pay, 1
blackmail, 39
bodily injury, 40
break in service, 5
breaks, 41
bribe, 39
call-out, 18, 22
candidate, 2, 13, 45
certification, 13, 47
citizenship, 9
City Manager designee, 2
class title, 2
classification, 2, 4, 16, 17, 45
classified employee, 2, 4, 7, 16
classified position, 2, 22
common review date, 2, 19, 45, 46
compensation, 5, 7, 16, 21, 22, 31, 46
compensatory time, 4, 21, 22, 23, 41
components of pay, 2
conduct, 39
confidentiality, 12
conflict of interest, 11
constructive discharge, 59
continuous employment, 5
contract worker, 2, 10
contract workers, 38
control, 8
correction of errors, 7
corrective action plan, 2, 8
crime victim, 36
Crime Victim’s Rights Act, 5, 6
criminal history, 10
criminal history records check, 9
criteria-based promotion, 2, 17
critical City Services Personnel, 2
damage to public property, 40
days, 2
death, 6, 31, 33
delegation of authority, 7
demotion, 3, 4, 11, 17, 18, 19, 43, 44, 45
Department, 3
Department Director, 3
disability, 34, 40, 59
disciplinary action, 4, 23, 32, 40, 43
disciplinary forms, 8
disciplinary probation, 3, 17, 42, 43, 44
discipline, 17, 39
discredit or embarrassment, 39
discretionary time, 4, 23
discriminatory conduct, 40
dismissal, 3, 4, 6, 12, 14, 39, 43
dismissal of at-will employees, 1
disqualification, 12
division, 3
dock, 32, 33
dock status, 3
donated time, 4, 21, 23
donated time program, 27
driving record, 10
drugs, 3, 9, 39
duration on lists, 11, 12
effective date, 12
effective hourly rate, 3, 24
effective rate of pay, 3
eligibility, 1, 19, 20, 22, 24, 26, 30, 37
eligibility for benefits, 15
eligible, 1, 15, 19, 20, 21, 22, 59
employee application, 8
employment examination, 13
employment list, 13, 45
{00596998.1}
employment of minors, 9
equal employment, 7
equal employment opportunity, 13
errors, 13
essential functions, 9, 12, 16
essential personnel, 3, 24
examination, 1, 3, 11, 12, 13, 45, 47, 59
exceptional performance, 20
exceptional performance recognition
award,19
executive benefits plan, 3, 22
exempt, 21
extension of lists, 11
extortion, 39
failure to meet requirements, 18
failure to report, 32
Fair Labor Standards Act, 3, 21
falsifying documents or records, 40
Family Medical Leave, 5, 34, 36, 37
federal requirements, 7
felony, 39
fingerprints, 9
FLSA, 3, 21
FMLA, 36
follow-up testing, 44
formal discipline, 3, 6
fraud, 12, 40
full performance level, 2
full-time to part-time, 5
good standing, 59
grant funded employees, 1
grievance, 3, 41
harassment, 40
hire date, 3
holiday, 4, 21, 22, 23, 24, 25
holiday pay, 34
holiday premium, 24
Human Resources Director, 3, 4
immediate family, 28, 33
incompetence, 39
industrial injury, 5, 34
industrial insurance program, 34
initial regular probation, 1, 2, 42, 43
injury, 34
insufficient number of candidates, 12
insurance, 36
insurance coverage, 59
insurance participation, 35, 36
insurance premium, 35
insurance program, 37, 47
intellectual property, 11
interviews, 13
invention, 11
investigation, 40
involuntary demotion
job description, 16
job share, 4
journey-level, 2
jury duty, 23, 34
lateral transfer, 17
lawful/reasonable direction, 39
layoff, 59
list, 11, 12
loyalty oath, 61
Loyalty Oath, 8, 10
Management Policy, 4
meal break, 40
meal breaks, 41
medical retirement, 59
Memorandum of Understanding (MOU), 7
merit system, 1
Merit System, 3
Mesa City Charter, 4
military duty, 5
military leave, 35
military service, 5
minimum age, 9
minimum number of hours, 35
minimum qualifications, 10, 11, 12, 16, 45
minimum requirement for employment, 9
minimum standards, 40
misstatement of fact, 12
moving violations, 40
negligence, 40
new employee hire form, 8
non-benefited part-time, 27
non-benefited part-time employee, 4
non-City worker, 10
non-exempt employee, 24
notice, 19
notification of candidates, 13
nursing mothers, 41
open competitive recruitment, 5, 12
order of employment lists, 11
original City probation, 3
outside employment, 10
overtime, 1, 21, 22, 41
overtime authorization, 21
paid time off, 4, 14, 21, 23, 25, 26, 35
part-time employee, 42
part-time employees, 37
pay decrease, 19
pay increase, 20
pay period, 40
pay step, 16
performance appraisal, 4, 8, 41, 43
performance decrease, 19
performance evaluation, 19, 43
{00596998.1}
performance expectation, 2
performance improvement required, 19
performance increase, 19
performance issue, 6
performance rating, 12, 19
performance test, 13
personal representative, 19, 43
personnel changes, 8
Personnel Director, 4
personnel file, 7, 8, 41
physical agility test, 13
physical and mental disabilities, 9
physical or mental ability, 12
Plan Document, 37
post-accident testing, 44
post-employment relationship, 15
pre-deprivation hearing, 4, 19, 23, 43
pre-employment requirements, 9
pre-employment testing, 44
preference points, 13
pre-placement testing, 44
probation, 4, 14, 15, 41, 42, 43, 45
probation extension, 42
probationary employee, 4, 42, 43
professional conduct (Ethics), 60
promotion, 4, 8, 14, 16, 45, 47
promotion list, 11
promotional testing, 43
public service employment, 4, 15
qualification, 16
qualified, 4, 12, 14, 45
random testing, 44
rater, 4
rating authority, 41
reasonable accommodation, 9, 12, 33
reasonable suspicion testing, 44
reclassification, 4, 16, 17
recruitment, 12
ropen competitive list, 5, 12, 13
reduction in pay, 43
reduction in workforce, 6, 7, 11, 47, 59
reduction in workforce list, 11, 13, 59
reemployment, 5
regular employment status, 43
regular full-time employee, 5, 10, 26, 27, 31
regular positions, 15
regular rate of pay, 5
rehire, 4, 10
rehired, 5
reinstatement, 4, 5, 10, 12, 14
reinstatement list, 5, 12, 14
relative, 14
residency requirement, 9
resignation, 5, 6, 12, 14, 59
resignation withdrawal, 59
rest period, 40
retirement, 5, 6, 31, 59
retirement system, 47
return to work, 33
reviewing authority, 41
rotational assignment, 46
safety sensitive, 10
salary, 16, 17, 18
salary adjustment, 5, 20
salary increase, 46
salary plan, 16
salary range, 16
seasonal employee, 1, 5, 10, 14, 18, 38
section, 5, 7
security sensitive, 10
selection processes, 13
seniority, 5, 14
separation, 3, 6, 14, 27, 59
service, 6
service of notice, 7
shift differential, 18
shift differential premium, 18
short-term disability, 3, 37
sick time, 22, 23, 31, 33, 34, 37
special assignment, 45, 46
special leave, 6, 21, 33, 36
specialty pay scale, 16
stability pay, 14, 15, 20, 35
standards of conduct, 3, 6, 39
stand-by, 22
state requirements, 7
step pay, 2, 3
step pay increase, 6, 19, 34, 41, 43, 46
step pay increase denial, 41
step pay review, 35, 43, 45
subpoena, 12
substance abuse testing, 44
successful performance, 20
suspension, 4, 6, 52
sworn promotional lists, 11
temporary agency workers, 6, 10, 38
temporary project appointment, 13
temporary project employee, 6, 14
terminating employment, 5
termination, 6, 7, 18, 25, 31, 43
termination of service, 1
test validity, 13
tests, 13
theft, 40
time off, 1, 23, 35, 36, 38
time worked, 40
training, 7, 13, 37, 38
transfer, 6, 11, 17, 27, 33, 44, 45, 47
{00596998.1}
transfer convenience of the City, 45
transfer inter-department, 45
transfer intra-department, 45
travel pay, 35
unclassified, 1
undue influence, 39
unexcused absence, 23
unpaid time away from work, 3
unpaid time off, 6, 25, 35
unscheduled pay increase, 20
USERRA, 35
vacancy, 11, 12
vacation, 4
vacation pay out, 27
vacation time, 22, 23, 25, 26, 27, 34, 35, 37
violation of policy, 39
voluntary demotion, 18
volunteer, 10
voting, 4, 23
willful misconduct, 40
witness, 23
witness time, 34
work days, 23
work period, 40
work rules, 40
work week, 5, 21, 40
Workers’ Compensation, 34
written counseling, 6, 8
written reprimand, 6, 23, 49