EMPLOYEE MERIT RESOLUTION AND RULES (2023-11-01) REDLINED.PDF
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EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-1 Revised 511/01-20-/152023 MARICOPA COUNTY EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES SECTION 1. AUTHORIZATION On December 22, 1969, tBy this Resolution, Tthe Maricopa County Board authorizeds the creation of the Maricopa County Employee Merit System purhereby under the provisions ofsuant to A.R.S. § 11-351 through § 11-357 authorizes the creation of the Maricopa County Employee Merit System. This Resolution and Rules do not apply to Employees covered by the Maricopa County Law Enforcement Officers’ Merit System. SECTION 2. ADMINISTRATION A. The purpose of the Employee Merit System is to provides a uniform and equitable system of personnel administration for Classified Eemployees in the Maricopa County classified service.If any provision of this Resolution and Rules conflicts or is inconsistent with laws or regulations, federal or state laws or regulations shall apply. B. If any provision of this Resolution or Rules, or the application thereof, is held invalid, the remainder of the Resolution or Rules, or the application of such provision to other Employees or circumstances, shall not be affected thereby. A. SECTION 3. MERIT PRINCIPLES TO BE OBSERVED The Employee Merity SystemThe system of personnel administration for employees in the classified serviceis shall be based upon merit principles, and free from political patronage. All actions affecting Classified Employeethe employment of personnel in the classified service areshall be based onmade according to merit as demonstrated by their qualifications and work performance of the applicant or employequalifications and work performance in accordance with the provisions of this Resolution and the Maricopa County Employee Merit System Rules (the “Rules”).. Discrimination in any manner by a County official, Appointing Authority, or Employee against or in favor of any Applicant or Employee because of race, gender, religion, color, national origin, age, disability, sex, sexual orientation, gender identity, including transgender status, pregnancy, veteran status, genetic information or any other characteristic defined by law or Board approved policy is prohibited. SECTION 4. DEFINITIONS The following have the meaning indicated below unless the context indicates otherwise. A. Appeal: A Classified Employee's written request for the Commission to review a Suspension, involuntary Demotion, Dismissal, or Reduction in Force. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-2 Revised 511/01-20-/152023 B. Appellant: A Classified Employee who filed an Appeal with the Commission. C. Applicant: A person who applied for employment. D. Appointing Authority: An elected official, the single administrative or executive head of a department, or the designated representative authorized to act in this capacity. E. Base Pay Rate: A pay rate exclusive of any differentials, incentives, or other compensation. F. Board: The Maricopa County Board of Supervisors. G. Classified: Positions and Employees covered by the Employee Merit System Resolution and Rules, excludes employees on initial Probation. H. Commission: The Maricopa County Employee Merit System Commission. I. Commissioner: A member of the Employee Merit System Commission. J. County: Maricopa County. K. Demotion: A change in the assignment of an Employee to a lower pay rate. L. Department: A County governmental unit designated as an elected office, appointed department, or a special district under the annual budget for the County. M. Director: The Maricopa County Human Resources Director or designee. N. Dismissal: The involuntary separation of an Employee for disciplinary reasons, unsatisfactory performance, or inability to perform duties for medical reasons. O. Employee: A person paid a wage, salary, or stipend per County payroll official entries. P. Furlough: An Employee’s mandatory unpaid leave of one or more days due to a Department facing a budget deficit or shortfall. Q. Hearing Officer: A non-County Employee appointed by the Commission or its chairman to hear Appeals (individuals with training and knowledge of merit system principles). R. Job Posting: The official public notice of recruitment for a Position. S. Market Range Title: A title assigned to a group of Positions performing similar or related duties. T. Position: A specific employment, whether occupied or vacant, involving duties requiring the services of one person. U. Probation: A specified period following an Employee's employment in a Classified Position during which the Employee's work performance is evaluated. V. Promotion: The movement of an Employee to a different Position control number at a higher pay rate through an announced recruitment process. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-3 Revised 511/01-20-/152023 W. Reassignment: The assignment of an Employee from one Classified Position to another under the same Appointing Authority at a comparable salary range and Base Pay Rate. X. Reclassification: The assignment of a Position to another Market Range Title. The affected Employee is not required to serve an initial probation period. Y. Reduction in Force (RIF): The involuntary separation of Employees from County employment resulted from a decision to eliminate positions. Z. Resolution: The Board Resolution of December 22, 1969, that established the Maricopa County Employee Merit System effective January 1, 1970, and all subsequent amendments. AA. Respondent: The County Department against which an Appeal is filed. A.BB. Suspension: An Employee’s temporary unpaid leave for disciplinary reasons.Unless otherwise provided herein, capitalized terms shall have the meaning set forth in the RulesThe following words and terms shall have the meaning indicated below unless the context clearly indicates otherwise.: A. Appeal: A regular employee’s written request that the Commission review a suspension, involuntary demotion, dismissal, furlough or reduction in force where permitted by this Resolution. B. Appointing Authority: An elected official, single executive head of a department, or the designated representative authorized to act in this capacity. C. Board: The Maricopa County Board of Supervisors. D. Commission: The Maricopa County Employee Merit System Commission as created by this Resolution. E. County: Maricopa County. F. Demotion: A change in the assignment of a regular employee to a lower pay rate. G. Department: A county governmental unit designated as an appointed or elected department or a special district under the annual budget for the County. H. Director: The Maricopa County Human Resources Director or designee. I. Disciplinary Action: An action taken by an appointing authority against an employee, including oral counseling, written warning, suspension, demotion or dismissal. J. Employee. A person who is in the county service. K. Furlough: A furlough is mandatory unpaid leave imposed on classified employees as the result of a budget deficit or shortfall. A furlough may be imposed as an alternative to, or in conjunction with, a Reduction in Force (see Merit Rule 9.02). Furloughs are not suspensions or involuntary demotions for purposes of Section 16 (“Employee Appeals”) of this Employee Merit System Resolution. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-4 Revised 511/01-20-/152023 L. Initial Probation: A specified period of time following the employment of an employee in a budgeted position during which the work performance of the employee is evaluated. An employee may be released from initial probation for or without cause. M. Position: A specific employment, whether occupied or vacant, involving duties requiring the services of one person. N. Promotion: The movement of an employee to a different position control number at a higher pay rate through an announced recruitment process. O. Regular: The status an employee achieves when retained in a position of the classified service following the successful completion of the initial probation period. P. Suspension: The temporary separation of an employee from his or her position without pay for disciplinary reasons. SECTION 5. COUNTY SERVICE A. County Service: The cCounty service shall eEncompasses all paid employment with the county wherein persons are paid a wage or salary from public monies in accordance with official entries on a cCounty payroll. The cCounty service doesshall not include persons who perform services for which payment is made on a fee, claim, or volunteer basis, independent contractors, patients, or inmates of cCounty institutions, school systems employees or personnel of the various school systems, Judicial Branch of Arizona Maricopa County employees in the court service as defined by the Judicial Merit System Resolution for Maricopa County, or Board appointed members of boards, commissions, and committees appointed by the Board. B. Classified Service: Includes all County service as a Classified Employee. C. Unclassified Service: The Board can establish unclassified Positions within County service. SECTION 6. CLASSIFIED SERVICE CThe classified service shall includes all Classified County Ppositions in the county service except those identified as unclassified, contract or temporary employees. However, employees of the Maricopa County Law Enforcement Officers Merit System areshall not be covered by this Resolution. SECTION 7. UNCLASSIFIED SERVICE The Board can establish unclassified Positions wWithin the cCounty service there shall be the unclassified service which shall include all positions identified by the Board as expressly authorized by applicable state law. SECTION 86. HUMAN RESOURCES DEPARTMENT TheThere shall be in Maricopa County government a Human Resources department, the executive head of which shall be the Human Resources Director or designee: EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-5 Revised 511/01-20-/152023 A. who shall beis responsible to the Commission to for the accomplishment ofaccomplish all personnel functions assigned by the Board to the Commission and responsible to the Board through the County ManagerAdministrative Officer or designee for all other personnel functions in both the classified and the unclassified service. A. Attends Commission meetings and keeps minutes.There shall be a Commission of five members appointed by the Board with the powers and duties hereinafter enumerated. The Commission shall advise the Director, the County Administrative Officer and the Board concerning employment matters relating to their scope of authority as directed by the Board or required by state law. B. Appoints special assistants necessary to carry out this Resolution and Rules. C. Acts as ex-officio clerk of the Commission for filings with the Commission and distribution of Commission documents. B. SECTION 97. EMPLOYEE MERIT SYSTEM COMMISSION A. Each member of the Board member shall nominates a Commissioner member from among the qualified electors, subject to Board appointment by the Board. The individual shall support the application of merit principles in public employment. No more than three Commissionersof such members canshall be from the same political party. B. Each Commissioners hold office for fourfive (54) years and continue to serve until a successor is appointed. One term expires December 31 of each year. If the Board appoints the same Commissioners for the Employee Merit System and Law Enforcement Officers’ System, they follow a five (5) year term per A.R.S. § 38-1002.C. Appointments to fill mid- term vacancies are for the term’s unexpired portionmember shall hold office for a term of four years. Of the members first appointed, two shall serve a two-year term, two a three-year term and one shall serve a four-year term. In order to maintain the staggered term expiration dates, the following process will be followed: If a member is not reappointed upon the expiration of his/her current term nor is a new member appointed, the current member will continue to serve out the new term until a successor is appointed and qualified. The successor, when appointed, shall serve out the unexpired portion of the new term. Appointment to fill a vacancy caused by other than expiration of term shall also be for the unexpired portion of the term. C. The Board may remove CommissionersA member of the Commission may be removed by the Board at any time for cause. C.D. Commissioners are considered to have resigned from their appointment when they:In addition, any one of the following shall constitute the resignation of a Commissioner and authorize the Board member for the District in which the resignation occurred to appoint a new member to fill the unexpired term so vacated: 1. MissAbsence from three (3) consecutive regular meetings without being excused by the Commission. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-6 Revised 511/01-20-/152023 2. Becomeing a candidate for any elective public office except for school board and community college district governing boards except as defined in Section 18 of this Resolution. 3. Accepting any state, county, city, or townappointive office or employment in the service of the state, or a county, city or town. E. The Commission elects a chairman inAt its first meeting of each year, the Commission shall elect one of its members as chairman. F. It shall The Commission meets at times and places as specified by the chairmanconduct meetings at such times and places as shall be specified by call of a majority of the Commission or of the chairman. At least four meetings areshall be held each yearannually, and all are open to the public. Three (3) members shall constitute a quorum for the transaction of business. A majority of the quorum may take legal action in all areas of the Commission’s duties and powers. 1. SECTION 108. POWERS AND DUTIES OF THE COMMISSION The Commission shall perform such duties and exercises such powers as are necessary to carry out the provisions of this Resolution. In addition to the duties imposed upon it elsewhere, the it shall be the duty of the Commission shall to : HaveCause the Director to prepare such policies and procedures as it may find necessary or appropriate for the administration of the Merit Rules in accordance withper A.R.S. § 11-356. Represent the public interest in the improvement of personnel administration ofin the Classisifed cCounty service. Sserve as the independent personnel board for the county County under A.R.S. § 38-532 (H) and to adopt policies and procedures as it may deem necessary or appropriate under such authority. SECTION 9. COMMISSION MEETINGS A. The Director and Commission decide the time and place to hold meetings according to the Arizona Open Meeting Act (A.R.S. § 38-431 et seq,). B. All matters for the Commission’s consideration at a meeting are placed on an agenda. C. Public notice of Commission meetings are given as required by A.R.S. § 38-431.02. D. The Director records the Commission's official actions in its minutes and includes the meeting time and place, the Commissioners present, and Commissioner's approval or dissent. E. The minutes are presented for approval or amendment at the next Commission meeting. F. Following approval, the minutes (except executive session) are open to public inspection. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-7 Revised 511/01-20-/152023 SECTION 11. APPOINTMENT AND DUTIES OF THE DIRECTOR A. The Director shall be a person who has had experience in the field of public personnel administration and supports merit principles in public employment. B. The Director, as executive head of the Human Resources department,The Director shall direct and supervise all of its activities. In addition to the duties imposed elsewhere, it shall be the duty of the Director or designee to: 1. Attends Commission meetings of the Commission and act as its secretary and keeps minutes of its proceedings. 2. Establish and maintain a roster of all employees in the county service, in which there shall be set forth, as to each employee, the job title, pay, status and other pertinent data. 3. Appoints such employees of the Human Resources department and such special assistants as may be necessary to carry out effectivelythis Resolution the provisions of this Resolution. 4. Develop, in cooperation with appointing authorities and others, programs for the improvement of employee effectiveness including training, health, counseling and welfare. 5. Reviews the operation and effect of this Resolution and of the Rules and reports findings and recommendations to the Commission, the County ManagerAdministrative Officer, and the Board. 6. Performs any other lawful acts considered necessary or desirable to carry out thise purposes and Resolutionprovisions of this Resolution. 7. Make annual reports to the Board and Commission and such special reports as considered desirable regarding personnel administration in the county service and recommendations for improvements. SECTION 12. MERIT SYSTEM RULES A. The Director shall prepares and submits to the Board proposed Rules for the classified serviceproposed Rules for Classified service to the Board. The Rules shall provide for: 1. An employment process to assess the relative fitness of Aapplicants. 2. Promotion practices which shall give consideration based upon qualifications and work performance. 3. Criteria for the rejection or competitive screening of Aapplicants and Ccandidates. 4. The establishment of lists of qualified Candidateslists for employment and Ppromotion, upon which lists shall be placed the names of candidates, and where applicable, their ranking on the respective assessment processes. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-8 Revised 511/01-20-/152023 5. Periods of initial probationary employment, during which timewhere the employees may be released or demoted without cause. 6. Transfer from a pPosition under one aAppointing aAuthority to a pPosition under a different aAppointing aAuthority. 7. Reductions in fForce resulting from lack of funds, lack of work, or abolishment of pPositions; and for transfer of employees who have been subject to a rReduction in fForce. 8. Dismissal, or dDemotion, or Suspension of rRegular eEmployees only for cause. 9. Suspension without pay of regular employees only for cause. 10. Such oOther Rules, not in consistent with this Resolution, as may be proper and necessary for itsto enforcement this Resolution. SECTION 130. JOB POSTINGS AND APPLICATIONSAPPLICANT ASSESSMENT A. Job Postings: Are by public notice. B. Applications: Must be submitted before the posted closing date. C. Preference Points: Applicants who are not current Employees who attain a passing score on a numerically scored assessment may receive preference points per A.R.S. § 38-492. SECTION 11. SELECTION PROCESS A. Minimum Qualifications: Only Applicants who meet the Job Posting’s qualifications are considered for Classified Positions. B. Temporary Waiving of Educational Requirements: Appointing Authorities may allow Applicants who do not meet the Position's minimum educational requirements to compete if they will meet the requirements before their start date. C. Applicants from one Job Posting may be considered for a vacancy within the same Market Range Title without initiating a new competitive recruitment process. D. Disqualification of Applicants: The County may (1) refuse to evaluate Applicants, (2) after evaluation, disqualify them, or (3) take steps to remove those already selected if they: 1. Do not meet the Position’s minimum qualifications. 2. Are unfit for performance or unsafe to themselves or others in performing the Position’s regular duties. 3. Made a false statement of material fact in the application process. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-9 Revised 511/01-20-/152023 4. Used, or attempted to use, political pressure or bribery to secure an advantage in the selection process. 5. Directly or indirectly obtained information regarding the selection process to which Applicants were not entitled. 6. Failed to apply correctly or within the prescribed time limits. 7. Took part in the compilation, administration, or any part of the selection process for which they are Applicants. 8. Previously were dismissed from County employment for cause. 9. Were convicted of a felony or misdemeanor, which affects suitability for employment. 10. Are charged with or under indictment for a crime that affects employment suitability. 11. Failed to respond to correspondence or appear for an interview, or failed any phase of the selection process. 12. Willfully violated the provisions of the Resolution or these Rules. E. Selection: Appointing Authorities: 1. Determine the criteria used to identify Applicants for an interview. 2. Identify Applicants most suited for the Position. 3. Ensure the selection process is job-related, non-discriminatory, documented, and retained in compliance with record retention laws. F. Job offers are subject to post-offer, pre-employment background investigations. SECTION 12. PROBATIONARY PERIODS A. Initial Probation 1. Except for Reclassifications, Reassignments, and Promotions within the same Department, Employees serve an initial Probation period upon their most recent employment into any Classified Position (e.g., hire, Promotion to a new Department, Demotion, or transfer). 2. Initial Probation Duration: A minimum of twelve (12) months which the Appointing Authority may extend for up to six (6) additional months. 3. At-will: An Employee may be released from initial Probation for or without cause and has no Appeal rights under these Rules. 4. If, during the initial Probation period, the Employee does not meet the required performance standards, the Appointing Authority may: a) Extend the initial Probation up to six (6) months. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-10 Revised 511/01-20-/152023 b) Demote the Employee to another Classified Position within the Department for which the Employee qualifies. c) Dismiss the Employee. B. Promotional Probation 1. All Classified Employees Promoted into a different Classified Position within the same Department serve a promotional Probation period. 2. Promotional Probation Duration: A minimum of twelve (12) months which the Appointing Authority may extend for up to six (6) additional months. 3. If during the promotional Probation period, the Employee does not meet the required performance standards, the Appointing Authority may: a) Extend the promotional Probation up to six (6) months. b) Return the Employee to a vacant Classified Position within the same Market Range Title as the Classified Position held before the Promotion. If a comparable Classified Position does not exists, an Employee may be Demoted into another Classified Position within the Department for which the Employee qualifies or be Dismissed. C. Probation Notifications: Employees are given written notice of the action taken by the Appointing Authority before the Probation period expires or the Employee is considered to have completed Probation. SECTION 13. TRANSFERS, REASSIGNMENTS, FURLOUGHS, AND REDUCTIONS IN FORCEApplicants are assessed An assessment process shall be used to evaluate theirthe qualifications of applicants to perform Positions’the duties of positions for which a list is to be established. A. Transfers: When part or all of a Department’s functions transfer to another Department, affected Employees are transferred at the same Base Pay Rate to the new Department without serving an initial Probation period. A Reduction In Force applies if the receiving Department does not need a particular position. B. Reassignments: Based on the Department’s needs, Appointing Authorities may reassign an Employee from one Classified Position to another at an equal or comparable salary range. Reassigned Employees keep their same Base Pay Rate and do not serve a Probation period. C. Furloughs and Reductions in Force 1. Furloughed Classified Employees may only Appeal if they feel the Furlough was imposed arbitrarily and negatively impacted the Employee more than other similarly situated Employees in the same division and Market Range Title. 2. Classified Employees may be separated from County service through a Reduction in Force and may only Appeal the calculation of retention points if they feel an error occurred. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-11 Revised 511/01-20-/152023 A. Assessments will include one or any combination of the following: a written examination, oral board, demonstration, evaluation of experience, training, education, and skills, or other objective and job-related Assessment methodsThe assessment process may involve a written examination, review of applications and attachments, oral board, demonstration of skill, other assessment techniques which may be developed or any of the above in combination. SECTION 14. MINIMUM QUALIFICATIONS Classified Positions’The minimum qualifications prescribed for any county employment shall not be less than those prescribed by law. Minimum qualification cChanges to the minimum qualifications prescribed for any county employment that increase educational requirements shall have no effect on the eligibility of incumbentsnot affect incumbents' eligibility to continue in their employment unless such change is required by state or federal law. SECTION 154. SUSPENSIONS, DEMOTIONS, DISCIPLINARY ACTIONS, AND DISMISSALS A. Subject to A.R.S. § 11-356 and the Rules, An aAppointing aAuthority may discipline, suspend (not to exceed 30 calendar days for any single cause), demote, or dismiss Classifieda rRegular eEmployees only for cause to include but not limited to. Each of the following constitutes authorized cause for discipline, suspension, demotion or dismissal of a regular employee under this Resolution: 1. Fraud in securing or maintaining employment. 2. Incompetency. 3. Inefficiency. 4. Abuse of leave. 4.5. Absence without authorized leave. 5.6. Neglect of duty. 6.7. Insubordination. 7.8. Dishonesty. 8.9. Possessing, dispensing, or being under the influence of alcohol, a narcotic, barbiturate, marijuana, tranquilizer, hallucinogenic, or any other drug listed and/or defined in A.R.S. § 13-3401, which would affects the employee’s suitability for continued employment, except in accordance with medical authorization or in the lawful performance of the eEmployee’s regularly assigned duties. 9. Violation of a Board authorized policy which that supports a drug-free workplace or which opposes substance abuse. 10. Absence without authorized leave. 11. Charged with or conviction of the commission of a criminal act which that affects the employee’s suitability for continued employment. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-12 Revised 511/01-20-/152023 12. Conviction of a criminal act which affects the employee’s suitability for continued employment. 13.12. Discourteous treatment of the public or fellow employees. 14.13. Improper political activity as proscribed by state or federal law or by this Resolution and Rules. 15.14. Unlawful discrimination, and discrimination prohibited by Section 17 of this Resolution and Rules, including harassment, by an Eemployee against or in favor of another person. 16.15. Misuse of government property. 17.16. Violation of county County or dDepartmental policies, or procedures, or code of conduct. B. Violation of the Code of Ethics.Notification: Prior to such action, Appointing Authorities provide Classified Employees a written statement indicating the proposed action, reason for the action, and the right to meet with the Appointing Authority to present why the proposed action should not be taken. Employees may waive the opportunity to meet and submit the reasons in writing. Employees who fail to appear at the meeting or to provide written reasons by the time and date of the meeting waive the opportunity to present why the proposed action should not be taken.In addition to the causes prescribed herein, the Board may establish other causes that are deemed necessary. C. An appointing authority, subject to A.R.S. § 11-356 and these Rules may suspend a regular employee for cause without pay for a period not exceeding 30 calendar days for any single cause. The appointing authority shall give the employee written notice of the intention to effect any such suspension and an opportunity to respond before the date it is intended to become effective. Such notice shall set forth the factual basis and cause for the suspension in sufficient detail to indicate the reasons for the action and shall be prepared in such form and given in such manner as the Director prescribes. D. An appointing authority, subject to A.R.S. § 11-356 and these Rules may demote a regular employee for cause from a position in any given pay rate to a position with a lower pay rate for which the employee possesses necessary qualifications. The appointing authority shall give the employee written notice of the intention to effect any such demotion and an opportunity to respond before the date it is intended to become effective. Such notice shall set forth the factual basis and cause for the demotion in sufficient detail to indicate the reasons for the action and shall be prepared in such form and given in such manner as the Director prescribes. E. An appointing authority, subject to A.R.S. § 11-356 and these Rules may dismiss a regular employee for cause. The appointing authority shall give the employee written notice of the intention to effect any such dismissal and an opportunity to respond before the date it is intended to become effective. Such notice shall set forth the factual basis and cause for dismissal in sufficient detail to indicate the reasons for the action and shall be prepared in such form and given in such manner as the Director prescribes. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-13 Revised 511/01-20-/152023 F.B. Failure to perform at a level required of the pPosition to meet the business needs of the departmentDepartment's business needs is cause for to dDismissal when progressive or corrective steps have not resulted in needed improvements. Failure to perform does not imply misconduct. C. After allowing the Employee an opportunity to provide reasons, the Appointing Authority may affirm, reduce, or abandon the proposed action by providing written notice of the final decision to the Employee and the Director.Inability for medical reasons is cause forto dDismissal but connotes no improper conduct on the part of the eEmployee, nor does it contemplate corrective or progressive steps. 1. Unless formal discipline is abandoned, the notice states that the Classified Employee has a right to Appeal in writing to the Commission within ten (10) calendar days from the delivery date of the written final decision. 2. If the Appointing Authority increases the proposed discipline, a new notice and opportunity to provide reasons why the action should not be taken are provided. G.D. Initial Probation: Employees on initial Probation may be suspended, demoted, or dismissed at any time with or without cause and without the right of Appeal. In addition to the causes prescribed herein, the Board may establish other causes that are deemed necessary. E. The Appointing Authority notifies the Employee in writing of the Suspension, Demotion, or Dismissal and allows the Employee an opportunity to respond before they take effect. The notice shall include the factual basis and cause for the action and is prepared and given in such manner as the Director prescribes.Demotions 1. Involuntary Demotion: Appointing Authorities may Demote Classified Employees for cause. 2. Voluntary Demotion: a) An Appointing Authority may approve an Employee's written request to voluntarily Demote to another Position within the same Department. A copy of the request is included in the Employee’s official personnel file. b) Employees may apply for voluntary Demotions through a competitive recruitment. c) Employees cannot Appeal voluntary Demotions. F. Dismissals 1. Failure to perform at a level required of the Position to meet the Department's business needs is cause for Dismissal when progressive or corrective steps have not resulted in needed improvements. Failure to perform does not imply misconduct. 2. Inability for medical reasons is cause for Dismissal but connotes no improper conduct on the part of the Employee, nor does it contemplate corrective or progressive steps. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-14 Revised 511/01-20-/152023 H. SECTION 156. APPEALS BY EMPLOYEE A. Appeal 1. Any Rregular Classified eEmployees may Appealwho areis sSuspensionsded, involuntarily dDemotionsed, or dDismissalsed may aAppeal to the Commission. The aAppeal mustshall be in writing, state the facts upon which it is based, specify the action requested, and be filed with the Director or designee, (in person or electronically) as ex officio Clerk of the Commission, not later than ten (10) calendar days following the date of personal delivery or certified mailing date of the written notice of the sSuspensuspenionding, dDemotiong, or dDismissaling the employee Employee by the Aappointing aAuthority. Unless the Appeal names another Respondent, the Appointing Authority who initiated the appealable action is the Respondent. The Appeal is filed when received by the Director. If mailed, the notice shall be sent to the employee’s Employee’s last known address. B. A copy of such aAppeal shall be forwarded by the Director to the aAppointing aAuthority. The ex officio Clerk of the Commission shall thereupon assign a time and place for a hearing and shall give notice thereof to all parties concerned. Within 20 calendar days from the filing of the appealAppeal, the Commission shall set a date for the hearing to either affirm, modify, or revoke the appealAppeal, or continue the hearing date for good cause shown. B. Hearing Officers 1. The Commission or its chairperson may assign an Appeal to a Hearing Officer. 2. Once assigned, Hearing Officers are the Commission’s representatives authorized to grant or refuse extensions of time, set such proceedings for hearing, conduct hearings, and take any action in connection with the proceedings that the Commission itself is authorized to take other than issuing the final findings of fact, conclusions of law and order. 3. The Commission or its chairperson can withdraw an assignment and conduct the hearing or reassign the Appeal to another Hearing Officer. 4. The Hearing Officer files a copy of the proposed findings and conclusions with the Commission within thirty-five (35) calendar days of the case being submitted for decision. The Hearing Officer may be requested to be present to assist and advise during the consideration of the case by the Commission. C. Hearing 1. Time: Within twenty (20) calendar days from the Appeal’s filing, the Director and Commission set a hearing date. The time for the hearing may be extended with the mutual consent of the parties or upon good cause shown to the assigned Hearing Officer. 2. Notice: The Director serves the Appellant and Respondent written notice of the initial hearing’s date, time, place, and Hearing Officer at least seven (7) calendar days before the hearing date. This notice is delivered personally, by certified mail, or electronically. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-15 Revised 511/01-20-/152023 3. The Commission may request the Board to issue a subpoena to compel attendance of any person and the production of documents relevant to the issues in the Appeal. 4. Parties may be represented by themselves or their legal counsel or chosen representatives. 5. The hearing is informal and technical rules of evidence do not apply to the proceedings, except that irrelevant, immaterial, incompetent, or unduly repetitious evidence or evidence protected by the rules of privilege recognized by law may be excluded. 6. Each party has a maximum of three and one-half (3.5) hours to present their case, including an opening statement, direct exam, cross exam, and re-direct/re-cross of a witness, objections, and closing argument. Time spent on cross-examination and re-cross counts against the total time allotted to the party conducting the examination. The Hearing Officer can grant up to an additional seven (7) hours (total) of testimony. The Hearing Officer shall not allow testimony beyond fourteen (14) hours (total) without prior approval from the Employee Merit System Commission chairman or designee. All testimony at the hearing is recorded manually or by a recording device. 1.7. The Aappellant may appear personally, produce evidence, have legal counsel or lay representation. Unless requested otherwise by both parties, hearings are conducted privately. Private hearings restrict who may be present while testimony is being taken. Upon the conclusion of taking testimony, the entire proceedings become a matter of public record. C. The Commission may request the Board to issue and enforce subpoena to compel attendance of any person and the production of documents relevant to the issues in the appealAppeal. 1.8. Both the employee Employee and aAppointing aAuthority shall be notified reasonably in advance of the hearing. The conduct of the hearing shall not be bound by technical rules of evidence. An official record of the hearing, including exhibits, isshall be made. D. Witnesses 1. County Employees called as witnesses are paid their Base Pay Rate for their time. 2. Fees: Witnesses, other than Employees, when subpoenaed to attend a hearing, are entitled to the same fee allowed for civil cases courts of record witnesses. Witnesses subpoenaed by the Hearing Officer may have their fees and mileage paid by the party requesting the witness upon presentation of a duly executed claim against the County. 3. Upon the Appellant's or Respondent's motion, the Hearing Officer may exclude from the hearing room any witnesses not at the time under examination. However, parties to the proceedings or their attorneys or representatives are not excluded. 4. Depositions: At the partie’s own expense, a deposition may be taken in compliance with applicable state rules of civil procedure when witnesses cannot attend because they do not reside within the County or 100 miles of the hearing location, are out of the state, or too infirm. The deposition may be used as evidence by either party or the Commission. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-16 Revised 511/01-20-/152023 E. Hearing Officer Findings and Conclusions Both the Appellant and Respondent receive copies of the hearing offer’s findings of fact, conclusions of law, and recommendations and have fourteen (14) calendar days from receipt of the Hearing Officer's report to file written objections (not post-hearing evidence) to the report. The other party receives a copy of the written objections. F. Findings of Fact, Conclusions of Law and Order 1. Upon receipt of the Hearing Officer's report and any written objections, the Commission makes written findings of fact and conclusions of law and issues an order as soon as practicable at a scheduled Commission meeting. 2. A quorum majority may adopt the Hearing Officer's report, modify it, or decide the case upon the record, with or without taking additional evidence. 3. The findings and decisions of the Commission are final and subject only to administrative review as provided in A.R.S. § 12-901 et seq. 4. The Appellant, Respondent, or representatives designated receive a copy of the decision. G. Appeal Withdrawal The Appellant may submit a written request to the Director to withdraw an Appeal before the Commission’s decision. Upon receipt of the withdrawal request, the Appeal is closed, and the Commission takes no further action. If, after the hearing, a majority of the quorum determine that the action appealed from was arbitrary or taken without reasonable cause, the appeal Appeal shall be sustained; if a majority of the quorum find the action appealed was not arbitrary or taken without reasonable cause, the appeal Appeal shall be dismissed. If there is no majority vote, no action on the appeal Appeal may be taken. SECTION 16. CODE OF ETHICS A. Maintaining high standards of honesty, integrity, impartiality, and conduct is essential. Employees’ official acts must reflect impartiality (e.g., free from any favoritism, prejudice, personal ambition, or partisan demands). Employees must: 1. Be courteous, considerate, and prompt in dealing with and serving the public. Their conduct should not discredit or embarrass the County. 2. Observe laws and regulations governing participation in political activities and conflicts of interest (ARS § 38-501 et seq.). 3. Disclose their interest in their Department’s official records and cannot participate in or vote for any contract, sale, purchase, or service in which they have an interest. 4. Economically utilize, protect, and conserve County property entrusted to them. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-17 Revised 511/01-20-/152023 5. Conduct all official activities in a manner that is above reproach and free from any indiscretions or acceptance of gratuities or favors which cast doubt or suspicion. 6. Notify the Appointing Authority in writing of any outside employment. B. Employees cannot: 1. Use their official Position for personal gain. Public influence and confidential or "inside" information must never be used for personal advantage. 2. Act in a private capacity which the public may construe as an official act, without their Appointing Authority’s prior written approval. 3. Solicit or accept anything of economic value (e.g., a gift, gratuity, favor, entertainment, or loan) which appears to influence official conduct. This does not prohibit: a) Acceptance of food and refreshments of insignificant value on infrequent occasions during a meeting, conference, or occasion where the Employee is in attendance. b) Solicitation or acceptance of loans from banks or other financial institutions on customary terms to finance proper personal activities of the Employee. c) Acceptance of unsolicited advertising or promotional material such as pens, pencils, calendars, and other items of nominal value. 4. Use or allow the use of County property of any kind, including property leased to the County, for non-official unapproved activities. 5. Permit themselves to be under any personal obligation, which could lead any person to expect official favors. 6. Report directly or indirectly to a relative (spouse, domestic partner, mother, father, sister, brother, son, daughter, in-laws, aunts, uncles, grandparents, grandchildren, and custodial person). When an Appointing Authority determines an Employee’s relative is in a reporting line of supervision, appropriate action is determined in consultation with the Director. 7. Engage in outside employment or other outside activity incompatible with the full and proper discharge of their County duties or which impair their capacity to perform their County duties. The Commission shall recommend to the Board the amount of back wages and leave accruals, where appropriate, and shall do so after taking into consideration just and equitable relief to the employee Employee and the best interests and effectiveness of the Ccounty service. The findings and decisions of the Commission shall be final and shall be subject only to administrative review as provided in A.R.S. § 12-901 et seq. The aAppointing aAuthority shall have 35 calendar days from the date of the decision of the Commission to either file for an administrative review or to take such measures as are necessary to comply with the decision of the Commission. An employee who has been subject to a rReduction in fForce by reason of lack of funds, lack of work, or abolition of pPosition may file an Aappeal with the Commission only on the grounds that the calculation of the EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-18 Revised 511/01-20-/152023 employee’s Employee’s retention points was inaccurate and resulted in that employee Employee being selected for separation before another. An employee who has been subject to a Ffurlough may file an Aappeal with the Commission only on the grounds that the Ffurlough was imposed in an arbitrary manner that negatively impacted the employee Employee more than other similarly situated employees in the employee’s Employee’s division in the same Mmarket rRange tTitle. SECTION 17. NONDISCRIMINATION Discrimination, as defined by state or federal law, and this Section, in any manner by a county official, aAppointing aAuthority, or employee Employee against or in favor of any Aapplicant or employee Employee because of race, gender, religion, color, national origin, age, disability, sexual orientation, pregnancy, veteran status, genetic information or any other characteristic defined by law or Board approved policy shall be prohibited. SECTION 187. POLITICAL ACTIVITY A. It is the intent of Maricopa County to administers its conform to the public policy that government programs be administered in an unbiased mannerunbiasedly and without favoritism for or against any political party, or group, or personany member in order to promote public confidence in government, government integrity, and the efficient delivery of governmental services and to ensureensures that eEmployees are free from any express of implied requirement or any political or other pressure of any kind to engage or not engage in political activity. B. Regular eEmployees shall not: 1. Make political endorsements by whichwhere they identify themselves as Ccounty eEmployees. 2. Use or promise to use any official authority or influence for the purpose of influencingto influence the vote or political action of any persa vote or political action or for any consideration. 3. Be members of a political party’s national, state, or local committee. 4. Be officers or chairpersons of a partisan political club’s committee. 5. Be candidates for nomination or election to a paid or partisan public office by filing nomination papers or making a formal public declaration of candidacy. 2.6. Take part in the management or affairs of any political party or in the management of any partisan campaign or recall effort. C. A Rregular employee shall not be a member of any national, state, or local committee of a political party, or an officer or chairman of a committee of a partisan political club, or offer himself as a candidate for nomination or election to any public office which is either paid or partisan by filing nomination papers or making a formal public declaration of candidacy, or EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-19 Revised 511/01-20-/152023 take part in the management or affairs of any political party or in the management of any partisan campaign or recall effort. D.C. An eEmployees may, when not on duty, not in uniform, or not at public expense unless otherwise provided by state or federal law: 1. Express partisan and political his opinions.; 2. Attend meetings for the purpose of becomingto learn about informed concerning the candidates for public office and the political issues.; 3. Cast a vote.; 4. Sign nomination or recall petitions.; 5. Make or solicit contributions to candidates, political parties, or campaign committees contributing to candidates or advocating the election or defeat of candidates;. 6. Circulate candidate nomination petitions or recall petitions.; 7. Engage in activities to advocate the election or defeat of any candidates.; 8. Solicit or encourage contributions to be made directly to candidates or campaign committees contributing to candidates or advocating the election or defeat of candidates; 9.8. Campaign for themselveshimself and hold unpaid, nonpartisan, public office.; 9. Campaign for or against ballot issues, referendum questions, constitutional amendments, municipal ordinances, etc. 10. Serve as a member of a common, high school district, or community college governing board. 10.11. Serve as Precinct Committeemen unless they hold a position and perform an activity funded in whole by federal loans or grants. D. Regular employees holding Ppositions in the Maricopa County Elections dDepartment Employees and any other Rregular eEmployees who may havewith exclusive possession and control over ballots, shall be prohibited fromcannot engageing in the activities permitted other Rregular employees pursuant tounder Section 187.DC.6 through 17.DC.9 in any election to be tabulated by theMaricopa County. E. Regular eEmployees serving as legal counsel to the eElections dDepartment on a particular matter cannotshall be prohibited from engageing in the activities permitted other cCounty employees underpursuant to Section 187.DC.6 through 17.DC.9 in an election for that particular matter. 1. The provisions of this section shall not apply to school board elections or community college district governing board elections, and a Rregular employee may serve as a member of the governing board of a common or high school district or as a member of a community college district governing board. EMPLOYEE MERIT SYSTEM RESOLUTION AND RULES R-20 Revised 511/01-20-/152023 2. The provisions of this section shall not apply to Precinct Committeeman elections and a regular employee may serve as a Precinct Committeeman unless the employee Employee holds a Pposition and performs an activity which is funded in whole by federal loans or grants. F. A regular eEmployees shall not be discriminated against for engaging in or not engaging in any activity permitted by this Policysection. G. Employees shall not be solicited, directed, threatened, intimidated, or coerced No person shall solicit a regular employee to engage in or not engage in activities permitted by this Ssection with the direct or indirect use of any threat, intimidation or coercion including threats of discrimination, reprisal, force or any other adverse consequence including the loss of any benefit, reward, promotion, advancement or compensation. H. EmployeesAny person in the cCounty service who violates any of this section’se provisions in this section are shall be subject to disciplinary action up to and including dismissalDismissal. H. I. Nothing in this section shall be construed as denying any Employee any civil or political liberties guaranteed by the United States and Arizona constitutions. SECTION 19. NONCONFORMITY WITH FEDERAL AND STATE LAW OR REGULATION If any provision of this Resolution conflicts or is inconsistent with state or federal law or regulations, state or federal law or regulations shall apply. SECTION 20. COMPLIANCE When dealing with regular employees, aAppointing aAuthorities shall conform to, comply with, and aid in carrying into the effect the provisions of this Resolution and the Rules adopted hereunder.