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Attachment A
PURPOSE – The proposed amendments are designed to update and streamline the
Personnel Rules by accurately reflecting and improving current City practices, by utilizing
gender-neutral language and pronouns, by aligning language with federal and state
agency regulations, and by updating “Personnel” references to “Human Resources” except
where referring to City Charter language.
New language to be included in the Personnel Rules is identified in all capital letters.
Deletions are indicated by strikethrough. For convenience all amendments, including
formatting changes, are highlighted in yellow.
Proposed language accomplishes the following:
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CITY OF PHOENIX
PERSONNEL RULES
Amended January 2019 DECEMBER 2020
THESE PERSONNEL RULES ARE PURSUANT TO
CHAPTER XXV OF THE CITY CHARTER OF THE CITY
OF PHOENIX
Page 3 of 67
CITY OF PHOENIX PERSONNEL RULES
TABLE OF CONTENTS
Rule
Page
Rule 1
Definitions ...................................................................................................... 4
Rule 2
Organization and Administration of the Civil Service Board ........................... 9
Rule 3
Administration of the Personnel System ...................................................... 10
Rule 4
Fair Employment Practices .......................................................................... 11
Rule 5
Classification Plan .......................................... Error! Bookmark not defined.
Rule 6
Requirements for Original Employment ....................................................... 18
Rule 7
Recruitment, EXAMINATION, And Qualification Examination EVALUATION20
Rule 8
Employment Lists ........................................................................................ 26
Rule 9
Certification And Appointment ..................................................................... 29
Rule 10
Probation ..................................................................................................... 32
Rule 11
Performance Rating ..................................................................................... 34
Rule 12
Transfers ..................................................................................................... 36
Rule 13
Employee Residence ................................................................................... 37
Rule 14
Seniority ....................................................................................................... 39
Rule 15
Leaves of Absence ...................................................................................... 41
Rule 16
Layoff/Recall ................................................................................................ 54
Rule 17
Resignation .................................................................................................. 57
Rule 18
Reinstatement ............................................................................................. 58
Rule 19
Suspensions and Dismissals ....................................................................... 59
Rule 20
Demotions ................................................................................................... 60
Rule 21
Discipline ..................................................................................................... 61
Rule 22
Hearing Procedures ..................................................................................... 64
Rule 23
Amendments to Rules ................................................................................. 67
Index ............................................................... Error! Bookmark not defined.
Page 4 of 67
RULE 1
DEFINITIONS
"Applicant" means a person who has filed an application for a position.
"Appointing Power, Authority, or Officer" means the City Manager or other legally
designated official having the power of appointment and removal of employees.
"Apprentice" means an unclassified employee in a formalized apprenticeship
program.
"Board," when used alone, means the Civil Service Board of the City of Phoenix.
”Break in Service” means dismissal, resignation, retirement, or status change to
part-time.
"Calendar Days" shall be used for all employees regardless of work schedules
when specified in the Rules. Unless otherwise specified, "days" shall mean
calendar days within these Rules.
"Candidate" means a person participating in an examination OR SELECTION
PROCESS.
"Class or Classification" means a position or group of positions sufficiently similar in
respect to their duties and responsibilities that the same requirements as to
education, experience, knowledge, ability, and other qualifications are required of
the occupants, and substantially the same tests of fitness are used to choose
qualified employees, and substantially the same schedule of compensation can be
made to apply with equity under the same or substantially the same employment
conditions.
"Class Title" means the designation given to a class, to each position allocated to
the class, and to the occupant of each position.
"Classification Schedule or Plan" means the plan, system or schedule for the
classification of all positions in the classified service, based upon the duties,
responsibilities, and qualifications of each position, which is approved by the City
Council.
"Classified Service" means all offices, positions, and employments in the service of
the City of Phoenix except those expressly exempt or designated as unclassified by
the Charter of the City of Phoenix.
"Competitive Promotional List" means a list of names of employees who
successfully completed promotional competitive tests of fitness for a class of
position, ranked according to the results of the evaluation process.
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"Demotion" means the transfer of an employee from a position in a higher class to
a position in a lower class for which the maximum rate of pay is lower. Removal of
special assignment pay or the transfer of an employee into an equivalent
classification in a different Meet and Confer Unit does not constitute demotion.
Equivalency shall be determined by the Personnel HUMAN RESOURCES Director.
"Discharge, Dismissal, or Removal" means the separation of an employee from
City employment.
"Discipline" means the suspension, demotion, or dismissal of an employee.
"Eligible" means a person whose name is recorded on a current original
employment eligible, reinstatement, promotional, or recall list.
"Employee" means a person who is legally an occupant of a position in the City
service or who is on an authorized leave of absence, and whose position is held
open for him THEM upon his THEIR return.
"Employment Lists" means lists of persons who successfully qualified for
employment as determined by the various methods of evaluating qualifications.
Employment lists include: 'Recall Lists,' 'Reinstatement Lists,' 'Promotional Lists,'
and 'Eligible Lists.'.
"Equivalent Classification" means two or more classifications that are judged to be
sufficiently similar in qualifications that an employee who is successful in one can
reasonably be expected to be successful in the other, or a list of eligibles for one
can be utilized in making appointments to position vacancies in the other.
"EXAMINATION” MEANS THE OBJECTIVE TESTING OF APPLICANTS TO
CREATE A LIST OF ELIGIBLE CANDIDATES. THIS INCLUDES WRITTEN
EXAMINATIONS, AS WELL AS DEMONSTRATION, PRACTICAL, OR
ASSESSMENT EXAMINATIONS ADMINISTERED BY STAFF DESIGNATED BY
THE HUMAN RESOURCES DIRECTOR Examination" means the appraising of a
candidate by the use of measurements which will determine if the candidate has
the qualifications required of the class for which he is being evaluated.
“Full-Time Employment” means being employed with a work schedule consisting of
the number of full-time hours (minimum 40 hours per week) designated for the
position, and with a work schedule intended to be continuous over a period of 12
months.
"Hourly" means a position that is subject (non-exempt) to the provisions of the
federal Fair Labor Standards Act (FLSA).
“Interim” means appointment of a classified employee to an unclassified position
that is limited in time and is for the purpose of accommodating the absence of an
employee on extended leave or for the purpose of accomplishing a special limited-
time project. The classified employee receiving an interim appointment shall retain
his classified service status.
Page 6 of 67
”Inactive Status” means an employee who is absent from work on a leave of
absence, and has exhausted his THEIR paid leave banks.
“Job Sharing” means employment of two people in the same position that is
budgeted on a regular full-time basis, where the two employees share the full-time
work hours of the position. Job sharing is in the unclassified service, and such
employment shall not earn credits toward the completion of probationary period
requirements.
"Non-Competitive Promotional List" means a list of employees whose increased
knowledge and skill in an entry-level classification in a career series, as attested to
by the appointing authority and approved by the Personnel HUMAN RESOURCES
Director, qualifies the employees for promotion to a journeyman level classification
in the same career series. Such list shall not be used for sworn public safety
classifications.
“Part-Time Employment” means being employed in a position which is less than
full-time, but which has a regular schedule on a year-round basis as determined by
the needs of the employing department. Such employment shall not earn credits
toward the completion of probationary period requirements, and is not part of the
classified service.
"Position" means a specific office or employment, whether occupied or vacant,
calling for the performance of certain duties and the carrying out of certain
responsibilities, either on a full-time, part-time, seasonal, or temporary basis.
"Promotion" means an advancement from a lower class to a higher class involving
an increase in responsibility. The higher class has a salary range that goes beyond
the limit fixed for the lower class. Additional pay ranges allowed for special
assignments within the class shall be considered part of the pay range of the class,
and shall not constitute a promotion. Transfer of an employee to an equivalent
classification in a different Meet and Confer Unit does not constitute a promotion.
Equivalency shall be determined by the Personnel HUMAN RESOURCES Director.
“Provisional” means an appointment of a person to a regular position without an
examination in the absence of an appropriate eligible list or availability of eligibles.
Such appointment shall be for not longer than sixty working days, and shall earn
credits toward the completion of probationary period requirements.
"Public Notice" means notice given either by posting or publication, or both.
"Recall List" means a list of names of persons who were laid off from a class, or
from service on account of lack of work or funds or any other cause, and whose
names were placed on said list in accordance with these Rules.
“Regular Employment” means being employed in a full-time budgeted position in
the classified service.
"Reinstatement List" means a list of names of persons who separated from service
under satisfactory conditions or who were demoted as a result of reduction in force
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or reclassification, and whose names were placed on such list upon request of
eligible applicant.
"Salaried" means a position that is exempt from the provisions of the federal Fair
Labor Standards Act (FLSA) and is designated in the pay plan of the City of
Phoenix.
“SELECTION PROCESS” MEANS THE OBJECTIVE EVALUATION OF
CERTIFIED ELIGIBLE CANDIDATES TO FILL VACANT POSITIONS. THIS
INCLUDES SELECTING CANDIDATES TO INTERVIEW, CONDUCTING
INTERVIEWS, PERFORMING REFERENCE CHECKS, AND COMPLETING THE
REQUIRED BACKGROUND CHECK. INTERVIEWS MAY INCLUDE REQUESTS
TO PERFORM FUNCTIONS WHICH SIMULATE THE REQUIREMENTS OF THE
JOB.
"Service" means:
Personal service of any discipline notice by delivery to the person named or
to any member of his THEIR family over the age of sixteen residing at his
THEIR usual place of residence;
Or
Deposit of the order in the United States mails, certified return receipt
requested, postage prepaid, addressed to the last known address of the
person to be served.
"Suspension" means the temporary separation of an employee from the
employee’s position for disciplinary reasons. Salaried employees shall be
suspended in full-day increments consistent with the federal Fair Labor Standards
Act.
“Temporary Employment” means being employed in a position that is temporary in
nature and is not an established regularly budgeted position. Such employment
shall not earn credits toward the completion of probationary period requirements,
and is not part of the classified service.”
"Trainee" means an employee in an unclassified transitional classification designed
to provide instruction and work experience and approved by the Personnel HUMAN
RESOURCES Committee.
"Transfer" means the assignment of an employee from one position in the City
service to another position for which the employee possesses the qualification
requirements, and the pay range of the new position is determined to be equivalent
by the Personnel HUMAN RESOURCES Director.
"Vacancy/Vacant Position" means a position that does not have an incumbent, and
the position has been approved for filling by the City Manager.
"Work Day - 56-Hour Employee" - In these Rules, the following equation shall be
used when considering employees who are assigned to a 56-hour work schedule:
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3 consecutive work days
=
2 shifts
5 consecutive work days
=
3 shifts
30 work days
=
14 shifts
60 work days
=
27 shifts
GENDER - Words used in these Rules which import the masculine gender shall be
understood to also refer to the feminine gender.
Page 9 of 67
RULE 2
ORGANIZATION AND ADMINISTRATION
OF THE CIVIL SERVICE BOARD
2a. Officers of the Board
The Officers of the Board shall be a chairman and a vice chairman who shall
serve for one year beginning July 1 of each year and until their successors
are elected. The Personnel HUMAN RESOURCES Director, OR DESIGNEE
shall be Secretary of the Board.
2b. Board Minutes
Insofar as possible, the Board shall meet regularly. The time schedule of the
meetings shall be determined by the Board. The Secretary of the Board
shall post notice in advance of the regularly scheduled meetings of the
Board. Information of the Board's schedule of meetings shall be given by the
Secretary to anyone inquiring for such information.
Special meetings may be called by the Chairman, or any three Board
members upon giving reasonable advance notice to the members of the
Board.
Board meetings shall be open to the public, except under the following
circumstances:
2b1. When an employee requests and the Board approves a private
hearing pursuant to Rule 22a;
2b2. When the Board deliberates over the evidence and testimony
presented at a hearing pursuant to Rule 22a;
2b3. When the Board consults with its attorney; or;
2b4. When the Board votes to consider other matters in executive
session consistent with the Arizona Open Meeting Law.
2c. Quorum
Three members of the Board shall constitute a quorum for the purpose of
transacting official business and holding hearings.
2d. Record of Board Actions
Actions taken by the Civil Service Board shall be recorded in its minutes.
The Secretary shall perform this duty for the Board. The time and place of
each meeting of the Board, the names of the members attending the
meeting, all official acts of the Board, and identification of a dissenting vote
together with the reasons if stated, shall be recorded. Copies of the minutes
shall be approved at a following meeting, including the amendments if there
are such. The minutes shall be certified by one of the officers of the Board
and be open to public inspection.
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RULE 3
ADMINISTRATION OF THE PERSONNEL SYSTEM
3a. General Duties of the Personnel HUMAN RESOURCES Director
3a1. As permitted in Chapter XXV, Section 6, Charter of the City of
Phoenix, the City Manager has delegated certain of his powers
and duties as Personnel Official to the Personnel HUMAN
RESOURCES Director. This delegation and delegation to other
individuals shall be as specified by Administrative Regulation.
3a2. Under the direction and control of the City Manager and in
cooperation with the department heads, the Personnel HUMAN
RESOURCES Director shall be responsible for safety and
compensation administration, benefit and service award programs,
personnel and labor relations, personnel research studies, and
employee training and counseling.
He THE HUMAN RESOURCES DIRECTOR shall also be
responsible for the recruiting, evaluating, selecting, and referring of
personnel; classification administration; administration of the
performance rating system and personnel rules; and maintenance
of employment records.
3b. Roster of Employment
The Personnel HUMAN RESOURCES Department shall be responsible for
supervising the maintenance of official records of all employees in the City
service. The records shall include all positions, names, addresses, position
titles, rates of pay, changes of status, leave records, and such other
information as may be considered necessary in order to provide a complete
employment record of all employees. Each department head shall transmit
to the Personnel HUMAN RESOURCES Director on appropriate forms all
information required for the establishment and maintenance of employee
records.
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RULE 4
FAIR EMPLOYMENT PRACTICES
4a. Discrimination
No person in the City service shall be appointed or promoted to, or demoted
or dismissed from, any position or in any way favored or discriminated
against with respect to employment because of his A political or religious
opinions or affiliations; nor shall there be any discrimination in favor of, or
against any applicant because of age, race, color, sex, disability, sexual
orientation, or national origin.
An applicant, eligible, or employee shall be considered solely on the basis of
his THEIR qualifications as required by the position he THEY seeks or holds
relative to experience, training, personal and physical fitness, abilities, skills,
and knowledge.
Physical fitness shall relate to the position that the applicant or eligible seeks
or the employee holds, taking into consideration reasonable
accommodations that may be made for an individual.
4b. Political Contributions
No officer or employee of the City shall directly or indirectly solicit or receive
or be in any manner concerned in soliciting or receiving any assessment,
subscription, or contribution on behalf of any candidate for a City of Phoenix
elective office from any person holding a position with the City.
4c. Participation in Politics
No person holding a position with the City, except elected officials, shall take
any part in political management, affairs, or campaigns in any election for
City of Phoenix elective office other than to vote and privately express
opinions.
Page 12 of 67
RULE 5
CLASSIFICATION PLAN
5a. Modification and Scope
The official classification plan of all positions in the classified service shall
provide the class titles, and describe the essential functions which delineate
the duties and responsibilities of each classification. It shall be the Position
Classification Plan currently in use. The plan shall be amended as the
essential functions and employment conditions change.
All positions which have similar closely-related essential functions (e.g.,
duties, tasks, and responsibilities, bearing the same relationships to other
classes and levels and calling for substantially the same test of knowledge,
skills, and abilities) shall be included in the same class.
5b. Class Specifications
The Personnel Director shall maintain and have on file copies of current
specifications for all classes in the classified service.
The specifications shall include such information as title, statements of
distinguishing features of work, essential functions, required knowledge,
skills, and abilities, and for classes requiring necessary special requirements,
a statement of such shall be included.
5c. Interpretation of Class Specifications
The class specifications are descriptive only and are not restrictive. They are
intended to indicate the kinds of positions that should be allocated to the
respective classes as determined by their essential duties and
responsibilities and qualification requirements including critical knowledge,
skills, and abilities. In assigning a position to a class, consideration shall be
given to the essential duties, tasks, responsibilities, and qualifications and
the relationship the position has to other classes. It is not intended that a
class specification give a complete array of all the specific duties, tasks, and
responsibilities, but rather to give a general picture of the essential
characteristics of the class with sufficient allocating factors described to
properly identify the class.
The use of a particular expression or illustration as to duties, qualifications,
or other attributes shall not be held to exclude others not mentioned if such
others are similar in kind and degree. The appointing authority, as
circumstances require, may assign different tasks to a position when such
duties are similar in kind and rank with those specified in the class of the
position.
5d. Allocation of Positions to Classes
REPEAL AND REPLACE RULE 5
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Each position in the classified service shall be classified based on studies
made by the Personnel Director. The Personnel Committee shall allocate
each position to the appropriate class except as provided in Rule 5f.
5e. Identification of Positions
The official title or code number of each class as designated in the City's
position classification plan shall be the title and code number of every
position allocated to the class for all purposes having to do with the position.
5f. Allocation of New or Vacant Positions
Whenever a new position is established or a vacant position is under study,
the department head shall forward to the Personnel Director a description of
the proposed essential functions which delineate the duties and
responsibilities of the newly-established position. The Personnel Director
shall, after a study of the proposed essential functions and qualification
requirements, allocate the position to its appropriate class in the
classification plan. If no appropriate class exists, a new classification shall
be constructed by the Personnel Director. It shall be submitted to the
Personnel Committee for review and recommendation and subsequently to
the City Council for approval.
5g. Reallocation of Positions
The Personnel Director shall from time to time, or upon request of the
appointing authority, investigate any or all positions in the classified service.
His findings shall be reported to the Personnel Committee. The
recommendations of the Personnel Committee shall be directed to the
appointing authority. The Personnel Committee shall reallocate such
positions as it finds improperly classified to the correct classes. If such
affected positions are occupied and the recommended action would result in
a lower class or pay level, the Personnel Department shall notify the
incumbents of the intended action and the scheduled date of the Personnel
Committee meeting. The affected employees shall be given a reasonable
opportunity to be heard by the Personnel Committee.
5h. Reallocation of Employees
If a position at any time is reallocated to a different class in order to correctly
and accurately classify it, the incumbent shall be assigned permanently by
the Personnel Committee to the class to which his position is reallocated if
the essential functions and qualification requirements of the two classes are
substantially alike and the maximum rate of pay for the class to which the
position is reallocated is not higher than the maximum rate of pay for the
class to which the position was formerly allocated. Pay ranges for
classifications with the same title that have slight pay differences because of
labor-negotiated rates shall be considered equivalent. The Personnel
Director is authorized to rule on such matters. If the pay range of the class to
which a position is reallocated is lower than that of the previous class, the
incumbent shall be transferred into a vacant position in the higher class. If
no vacancy exists, the incumbent shall be permitted, consistent with
whatever Y-rating policy is in effect, to overfill the position until a position
vacancy occurs. If no vacancy becomes available and the period of Y-rating
Page 14 of 67
expires, or in the absence of a Y-rating policy, the employee shall be entitled
to bump as provided in the layoff/recall rule. If the pay range of the class to
which a position is reallocated is higher than that of the class to which the
position was formerly allocated, the position shall be filled with an eligible
from the appropriate eligible list in accordance with the appropriate Rules.
Non-competitive promotional evaluations may be used in reclassification
actions with the approval of the Personnel Director.
An incumbent of a position that is upgraded to a higher level who has
successfully been performing the duties of the higher class for over one year,
shall not be required to serve the one year period of probation stipulated in
Rule 10. For seniority calculations under Rule 14 and Rule 16, the time in
the new class shall begin when the reclassification action is approved by the
City Council.
5i. Abolishment of Unnecessary Positions
The department heads shall report to the Personnel Director the abolishment
of all unnecessary positions in the classified service. The Personnel Director
shall have the information recorded on the position card in the position file of
the Personnel Department.
Page 15 of 67
RULE 5
CLASSIFICATION PLAN
5A. ESTABLISHMENT OF JOB CLASSIFICATIONS
THE HUMAN RESOURCES DIRECTOR IS RESPONSIBLE FOR THE
ESTABLISHMENT AND MAINTENANCE OF JOB CLASSIFICATIONS.
DEPARTMENTS WILL WORK WITH HUMAN RESOURCES TO IDENTIFY
NEW AND EMERGING BUSINESS NEEDS THAT MAY WARRANT A NEW
CLASSIFICATION, OR TO IDENTIFY CHANGES TO THE BUSINESS
ENVIRONMENT THAT NECESSITATE CHANGES TO THE TITLE,
MINIMUM QUALIFICATIONS, OR RESPONSIBILITIES OF A JOB OR JOB
FAMILY.
ALL POSITIONS WHICH HAVE SIMILAR CLOSELY-RELATED ESSENTIAL
FUNCTIONS (E.G., DUTIES, TASKS, AND RESPONSIBILITIES, BEARING
THE SAME RELATIONSHIPS TO OTHER CLASSES AND LEVELS AND
CALLING FOR SUBSTANTIALLY THE SAME TEST OF KNOWLEDGE,
SKILLS, AND ABILITIES) SHALL BE INCLUDED IN THE SAME
CLASSIFICATION. CLASSIFICATIONS MAY ALSO BE GROUPED INTO
JOB FAMILIES OR FUNCTIONS.
5B. CLASSIFICATION SPECIFICATIONS
THE HUMAN RESOURCES DIRECTOR SHALL MAINTAIN AND HAVE ON
FILE COPIES OF CURRENT CLASSIFICATION SPECIFICATIONS (I.E.,
JOB DESCRIPTIONS) FOR ALL CLASSES IN THE CLASSIFIED SERVICE.
THE SPECIFICATIONS SHALL INCLUDE SUCH INFORMATION AS TITLE,
STATEMENTS OF DISTINGUISHING FEATURES OF WORK, ESSENTIAL
FUNCTIONS, REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES, AND
FOR CLASSES REQUIRING NECESSARY SPECIAL REQUIREMENTS, A
STATEMENT OF SUCH SHALL BE INCLUDED. ESSENTIAL FUNCTIONS
LISTED IN A CLASSIFICATION SPECIFICATION ARE DESCRIPTIVE
ONLY AND ARE NOT RESTRICTIVE IN NATURE. THE APPOINTING
AUTHORITY, AS CIRCUMSTANCES REQUIRE, MAY ASSIGN
DIFFERENT TASKS TO A POSITION WHEN SUCH DUTIES ARE SIMILAR
IN KIND AND RANK WITH THOSE SPECIFIED IN THE CLASS OF THE
POSITION.
5C. MINOR CHANGES TO CLASSIFICATION SPECIFICATIONS
CHANGES TO A JOB DESCRIPTION MAY BE REQUESTED BY A
DEPARTMENT AND SHALL BE REVIEWED BY HUMAN RESOURCES. IF
THE CLASSIFICATION IS USED BY MULTIPLE DEPARTMENTS, HUMAN
RESOURCES SHALL CONSULT WITH ALL AFFECTED DEPARTMENTS
REGARDING POTENTIAL CHANGES. IF THE CHANGES ARE
DETERMINED BY THE HUMAN RESOURCES DIRECTOR TO BE MINOR
IN SCOPE, THEY SHALL BE CONSIDERED UPDATES ONLY AND SHALL
NOT CHANGE THE LEVEL OF THE CLASSIFICATION OR THE
ALLOCATED GRADE AND SALARY RANGE. THE HUMAN RESOURCES
DIRECTOR SHALL POST THE UPDATED CLASSIFICATION
SPECIFICATIONS WHEN SUCH CHANGES ARE MADE.
Page 16 of 67
5D. CHANGES TO CLASSIFICATION PLAN
CHANGES TO A CLASSIFICATION IMPACTING THE PAY GRADE OR
RANGE, AS WELL AS THE ESTABLISHMENT OF NEW
CLASSIFICATIONS, WILL BE SUBMITTED TO THE CITY COUNCIL FOR
FINAL APPROVAL. ADDITIONAL GUIDANCE REGARDING THIS
PROCESS IS PROVIDED IN AN ADMINISTRATIVE REGULATION.
5E.
ALLOCATION OF NEW OR REALLOCATION OF VACANT POSITIONS
TO CLASSIFICATIONS
EACH POSITION IN THE CLASSIFIED SERVICE SHALL BE ALLOCATED
TO A CLASSIFICATION BASED ON THE POSITION’S DUTIES,
RESPONSIBILITIES, AND ESSENTIAL JOB FUNCTIONS AS
DETERMINED BY THE HUMAN RESOURCES DIRECTOR.
5F.
RECLASSIFICATION OF FILLED POSITIONS
THE HUMAN RESOURCES DIRECTOR SHALL FROM TIME TO TIME, OR
UPON REQUEST OF THE APPOINTING AUTHORITY, INVESTIGATE ANY
OR ALL POSITIONS IN THE CLASSIFIED SERVICE. THE FINDINGS OF
THE HUMAN RESOURCES DIRECTOR SHALL BE REPORTED TO THE
APPOINTING AUTHORITY, THE INCUMBENT(S) OF THE POSITION(S),
AND THE HUMAN RESOURCES COMMITTEE. AFFECTED EMPLOYEES
AND THEIR AUTHORIZED LABOR REPRESENTATIVE SHALL BE GIVEN
A REASONABLE OPPORTUNITY TO BE HEARD BY THE HUMAN
RESOURCES COMMITTEE. THE HUMAN RESOURCES COMMITTEE
SHALL RECLASSIFY SUCH POSITIONS AS IT FINDS IMPROPERLY
CLASSIFIED TO THE CORRECT CLASSES. IF THE INCUMBENT HAS
BEEN SUCCESSFULLY PERFORMING THE SUBSTANTIAL PORTION OF
DUTIES OF THE NEW CLASSIFICATION FOR OVER ONE YEAR, THEY
SHALL NOT BE REQUIRED TO SERVE THE ONE-YEAR PERIOD OF
PROBATION STIPULATED IN RULE 10. FOR SENIORITY
CALCULATIONS UNDER RULE 14 AND 16, OR IN CASES WHERE A
PROBATIONARY PERIOD IS REQUIRED, THE TIME IN THE NEW
CLASSIFICATION SHALL BEGIN WHEN THE RECLASSIFICATION
ACTION APPROVED BY THE HUMAN RESOURCES COMMITTEE
BECOMES EFFECTIVE. IF A FILLED POSITION AT ANY TIME IS
RECLASSIFIED TO A DIFFERENT CLASSIFICATION IN ORDER TO
CORRECTLY AND ACCURATELY CLASSIFY IT, THE INCUMBENT SHALL
BE ASSIGNED BY THE HUMAN RESOURCES COMMITTEE AS
FOLLOWS:
1. POSITION MOVED TO A HIGHER GRADED CLASSIFICATION: THE
INCUMBENT SHALL BE MOVED INTO THE HIGHER
CLASSIFICATION. IF THE INCUMBENT DOES NOT MEET THE
MINIMUM QUALIFICATIONS OF THE HIGHER CLASSIFICATION,
THEY SHALL BE ALLOWED TO UNDERFILL THE POSITION FOR
UP TO ONE YEAR.
2. POSITION MOVED TO A DIFFERENT CLASSIFICATION IN AN
EQUIVALENT PAY GRADE: THE INCUMBENT SHALL BE MOVED
Page 17 of 67
INTO THE NEW CLASSIFICATION. PAY RANGES WITH SLIGHT
DIFFERENCES BECAUSE OF LABOR-NEGOTIATED RATES
SHALL BE CONSIDERED EQUIVALENT AND THE HUMAN
RESOURCES DIRECTOR IS AUTHORIZED TO RULE ON SUCH
MATTERS.
3. POSITION MOVED TO A LOWER GRADED CLASSIFICATION: THE
INCUMBENT SHALL BE TRANSFERRED INTO A VACANT
POSITION IN THE HIGHER CLASSIFICATION. IF NO VACANCY
EXISTS, THE INCUMBENT SHALL RETAIN THEIR CURRENT RATE
OF PAY, CONSISTENT WITH THE Y-RATING POLICY IN EFFECT,
AND SHALL OVERFILL THE POSITION UNTIL A POSITION
VACANCY OCCURS. IF NO VACANCY BECOMES AVAILABLE AND
THE PERIOD OF Y-RATING EXPIRES, OR IN THE ABSENCE OF A
Y-RATING POLICY, THE HUMAN RESOURCES DIRECTOR MAY
PLACE THE EMPLOYEE IN AN EQUIVALENT CLASSIFICATION
WITH SIMILAR QUALIFICATIONS. IF ALL OTHER OPTIONS ARE
UNSUCCESSFUL, THE EMPLOYEE SHALL BE ENTITLED TO
BUMP AS PROVIDED IN THE LAYOFF/RECALL RULE.
CLASSIFICATION CHANGES AS A RESULT OF RECLASSIFICATION
SHALL NOT BE CONSIDERED A PROMOTION, TRANSFER, OR
DEMOTION, REGARDLESS OF WHETHER THE GRADE ASSIGNMENT
CHANGES OR NOT. PAY CHANGES AS A RESULT OF A
RECLASSIFICATION ACTION ARE DEFINED AND DESCRIBED IN THE
PAY ORDINANCE IN EFFECT AT THE TIME OF THE PERSONNEL
ACTION.
Page 18 of 67
RULE 6
REQUIREMENTS FOR ORIGINAL EMPLOYMENT
6a. Physical and Mental Fitness
All applicants for City employment shall meet the physical and mental
performance requirements of the positions they seek. Impairments shall be
favorably considered if the disabilities are such that the applicant can be
expected to perform the essential functions of the position requirements with
reasonable accommodation, if necessary. The physical and mental
qualifications of persons entering the employment of the City may be
evaluated by physicians MEDICAL PROFESSIONALS, to be designated by
the City. THE CITY WILL PROVIDE REASONABLE ACCOMMODATIONS
AS REQUIRED BY LAW.
6b. Qualification Requirements
All applicants for City employment may be required to file applications on
blanks provided by SUBMIT COMPLETED REQUESTED
DOCUMENTATION TO the Personnel HUMAN RESOURCES Department.
The application REQUESTED DOCUMENTATION shall include such
information as experience, training, residence, and other necessary
qualification information. The Personnel HUMAN RESOURCES Director will
use the information to determine whether the applicant is eligible to take an
examination for a given class of employment. He AND WHETHER THEY
CAN PERFORM THE ESSENTIAL FUNCTIONS WITH OR WITHOUT A
REASONABLE ACCOMMODATION.
THE HUMAN RESOURCES DIRECTOR may require documentary evidence
of any of the qualification requirements. The Personnel HUMAN
RESOURCES Director may for any particular class require special
experience and training in terms of years and specific qualifications.
Competition SELECTION for positions funded by other governmental
agencies may be limited to applicants who meet the employment guidelines
of the funding agency.
Applicants WHEN WRITTEN OR ORAL EXAMINATIONS ARE
ADMINISTERED, APPLICANTS shall be required to achieve the passing
grade prescribed for the class to which they seek appointment, in order to
qualify for employment.
The aforementioned requirements of this Rule apply also to applicants for
promotion.
The following is a provision of State law. It is included here as a guide to be
used for employment with the City of Phoenix:
AGE - VETERANS
Any veteran who served on active duty in any part of the military
branch of the United States Government during time of war, holds
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an honorable discharge or proper release therefrom, meets all
other City employment requirements, and is below the regular
retirement age at the time of accepting employment with the City,
shall be exempt from any age requirements established for original
employment.
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RULE 7
RECRUITMENT, EXAMINATION, AND QUALIFICATION EXAMINATIONS
EVALUATION
7a. Notice of Recruitment Needs
The Personnel HUMAN RESOURCES Director shall release such
recruitment noticeS and publicity which he deems DEEMED necessary to
secure the needed number of qualified applicants for City employment.
Notice of the City's need for applicants RECRUITMENT NOTICES shall be
posted ON THE HUMAN RESOURCES DEPARTMENT WEBSITE AND in
the Personnel Department and in such other locations that the Personnel
DESIGNATED BY THE HUMAN RESOURCES Director shall designate.
7b. Recruitment Schedule
The Personnel HUMAN RESOURCES Director shall recruit applicants for
classes of employment to meet the needs of City departments
OPERATIONS. In non-promotional entry-level exams, he may establish a
maximum number of qualified applicants to be tested based upon anticipated
vacancies. He shall determine which classes shall be placed on a
continuous recruiting and testing schedule after consultation with department
heads. Promotional exams in the Police and Fire Services shall not be
placed on continuous recruitment and testing.
7c. Disqualification of Applicants
The Personnel HUMAN RESOURCES Director may reject any application or
exclude the name of any applicant from the eligible list or deny certification of
any eligible who:
7c1. Is found to lack any of the qualification requirements specified in
the position classification plan.
7c2. Does not meet the physical and mental health requirements of the
class of position to which he THE APPLICANT seeks appointment.
This does not include disabilities that can be accommodated as
provided in Rule 6a.
7c3. Has been guilty of a felony or a crime involving moral turpitude, or
infamous or disgraceful conduct DOES NOT MEET THE
BACKGROUND SCREENING STANDARD ESTABLISHED FOR
THE POSITION WITHIN THE JOB CLASS. REFER TO
ADMINISTRATIVE REGULATION 2.81.
7c4. Is addicted to the use of drugs or intoxicants HAS RECEIVED A
POSITIVE TEST RESULT, FAILED TO APPEAR, OR REFUSED
TO SUBMIT TO THE DRUG, ALCOHOL, OR OTHER
SUBSTANCE SCREENING WHICH IS A REQUIREMENT FOR
THE JOB CLASS TO WHICH THE APPLICANT SEEKS
APPOINTMENT.
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7c5. Has been dismissed from previous employment for delinquency or
other good cause.
7c6. Has been dismissed previously from the City service for good
JUST cause, or whose performance rating was below standard at
the time of resignation.
7c7. Has intentionally made A MATERIALLY false statements in his
THE application or in the examination or has practiced or
attempted to practice deception or fraud in connection with such
application or examination.
7c8. Has taken an examination for the class as many times as allowed
for a given period by the Personnel HUMAN RESOURCES
Director.
7c9. Has been passed over for appointment for good cause, or has
failed to respond to APPEAR WITHOUT GOOD CAUSE AFTER
ACCEPTING a notice of interview.
7c10. Is lacking in any other qualifications or good STANDARD OF
conduct of equal gravity or exceeding those specifically
enumerated in 7c1 - 7c9.
An applicant who is rejected, whose name is not posted, or whose name is
removed from an eligible list shall be notified of the action and shall be given
the reason for such action. The rejected applicant or eligible may request a
review of the action taken. This request shall be submitted to the Personnel
HUMAN RESOURCES Director in writing within seven days after the notice
of action is mailed to him. Such request for review shall not prevent the
selection and hiring procedure from going forward during the review period.
The decision of the Personnel HUMAN RESOURCES Director shall be final.
7d. Scope and Character of Qualification Examinations EVALUATION
Examinations SCREENING of applicants shall consist of any qualification
measurements that will establish and confirm the qualifications of applicants
required by the class for which applicants are being examined EVALUATED.
7e. Examinations of Applicants
Examinations to measure the qualifications of applicants shall be conducted
by the Personnel HUMAN RESOURCES Director and his staff or by persons
designated by the Personnel Director to assist him, OR DESIGNEE.
If requested, special test accommodations will be made for a disabled
applicant if the needed accommodations are consistent with the reasonable
accommodations that may be made on the job.
In order to qualify for employment, a candidate may be required to make a
passing grade in each part of the examination. This is in reference to any
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test type or rating including, but not limited to, knowledge, demonstration,
physical, personal fitness, or other related testing measurements.
WRITTEN EXAMINATION RECORDS AND DOCUMENTATION THAT ARE
PROPRIETARY SHALL NOT BE MADE AVAILABLE FOR PUBLIC
INSPECTION OR COPYING.
7f. Suspension of Competition RECRUITMENT
The Personnel HUMAN RESOURCES Director may, in case of a vacancy in
a position requiring peculiar and exceptional qualifications of a scientific,
professional, or expert character, upon satisfactory evidence that competition
RECRUITMENT is impractical and that the position can best be filled by the
selection of some designated person of recognized attainments, suspend
competition RECRUITMENT.
7g. Promotional Examinations
Applications for promotions shall be subject to the requirements and
procedures provided in these Rules, except that applicants for promotion
shall not be entitled to DISABILITY OR veterans' preference. Positions in
classes above the entrance level classes shall be filled by competitive or
non-competitive promotional examinations whenever there is a sufficient
number of employees who have the experience, training, and other
qualifications required by the higher level classes. If qualified applicants for
position vacancies in the higher classes are not present in the City service, or
the best interests of the City service would not be served, then the position
vacancies in the higher classes shall be filled by open competitive
examinations. The class qualification requirements shall be complied with in
any promotional examination.
Promotional examinations are open to employees in the City service and to
individuals on recall lists, each of whom meets the requirements specified in
the Rules and the Position Classification Plan.
The total length of authorized service shall be allowed as a seniority score in
one part of the promotional examination. An employee who is receiving
pension benefits as a result of retirement from the City under the ARIZONA
Public Safety PERSONNEL Retirement System shall not receive seniority
credits for the service time under the ARIZONA Public Safety PERSONNEL
Retirement Plan. Two points for each complete year of authorized service
shall be allowed. For an incomplete year, proportionate credits shall be
allowed in the same ratio as the completed months of an incomplete year
relate to a complete year. Part-time and temporary employees shall not
receive seniority credits. A job sharing employee who had service as a
regular full-time employee immediately preceding the job share appointment,
shall be credited with the appropriate seniority score based on the
individual's full-time employment plus pro-rata credits earned in job share
status.
7h. Examination Results
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When the qualifications of applicants for any class of employment ONCE
EXAMINATION RESULTS have been completely evaluated AND SCORED,
the applicants shall be notified of THEIR examination results.
7H1. WRITTEN EXAMINATIONS
During regular office hours of the FOR three business days beginning on the
first business day following the examination, a candidate who participated in
any written CITY OF PHOENIX DEVELOPED examination may inspect at
the office and in the presence of an employee designated by the Personnel
Director, IN THE PRESENCE OF HUMAN RESOURCES STAFF, REVIEW a
keyed copy of the written examination. During that period, the candidate
may AND file with the Personnel Director A written notice of protest, stating
the item or items objected to and the reason for the objection. THE
WRITTEN NOTICE MUST BE FILED BY THE END OF THE THREE-DAY
REVIEW PERIOD. Protests based upon purely personal opinions and
without cited authority will not be entertained. Properly made protests will be
considered BY THE HUMAN RESOURCES DIRECTOR before final
examination scoring and release of examination results. THIS REVIEW
PROCESS AND ITEM OBJECTIONS WILL NOT BE AVAILABLE FOR
PROPRIETARY TESTS OBTAINED FROM A VENDOR.
FOR CITY OF PHOENIX DEVELOPED EXAMINATIONS COMPLETED ON
A COMPUTER, AN APPLICANT MAY REVIEW THEIR FULL
EXAMINATIONS RESULTS IMMEDIATELY AFTER OR IN LIEU OF THE
REVIEW OF THE KEYED COPY OF THE WRITTEN EXAMINATION.
APPLICANTS MAY NOT SUBMIT A WRITTEN NOTICE OF PROTEST ON
ANY ITEMS AFTER VIEWING THEIR FULL EXAMINATION RESULTS.
An FOR EXAMINATIONS COMPLETED ON WRITTEN SCORESHEETS,
AN applicant may review his THEIR full examination results by submitting a
written request to the Personnel Director within five business days from the
date that the notice of examination results was sent. If the review should
disclose any errors, the examination record shall be modified to show a
correct record. If the modification affects the records of other applicants,
their records shall also be modified.
Such written protest shall not delay the next phase of the testing process or
the certification and appointment of qualified eligibles.
Examination records and papers DOCUMENTATION THAT are
PROPRIETARY (I.E. VENDOR PROCURED, VALIDATED EXAMS) ARE not
public documents.
7H2. DEMONSTRATION, PRACTICAL, OR ASSESSMENT EXAMINATIONS
THE PURPOSE OF THIS TYPE OF EXAMINATION IS TO OBJECTIVELY
MEASURE AN APPLICANT’S ABILITY TO PERFORM IN PRACTICAL
SITUATIONS WHICH SIMULATE THE REQUIREMENTS OF THE JOB.
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WITHIN FIVE BUSINESS DAYS FROM THE DATE THAT THE NOTICE OF
EXAMINATION RESULTS WAS SENT, AN APPLICANT MAY REQUEST
AND BE TOLD THE SECTIONS OF THE OBJECTIVE EXERCISE WHERE
POINTS WERE DEDUCTED FROM THEIR SCORE, HOWEVER, THEY
WILL NOT BE ABLE TO CHALLENGE THE RESULTS OR VIEW THE
ACTUAL SCORE SHEETS, AS TO PROTECT THE INTEGRITY OF THE
TEST.
THE REVIEW PERIOD WILL BE THE SAME AS SET FORTH IN
PERSONNEL RULE 7H1.
7I. The following is a provision of State law. It is included here as a guide to be
used for employment with the City of Phoenix:
PREFERENCE POINTS
The laws of the State of Arizona require that cities provide preference points
for veterans of the Armed Forces of the United States, for the spouse or
surviving spouse of certain veterans, and for a person with a disability.
These preference points do not apply on promotional examinations.
A. A veteran of the Armed Forces of the United States, separated from
the Armed Forces under honorable conditions following more than 180
consecutive calendar days of active duty, who takes an entrance
examination for employment with the City shall, in the determination of
his THEIR final rating on such examination, be given a preference of
five points. The preference shall be added to the grade earned by
such veteran, but only if such veteran earns a passing grade without
preference.
B. A person with a disability who takes an entrance examination for
employment with the City shall, in the determination of his THEIR final
rating on such examination, be given a preference of five points. The
preference shall be added to the grade earned by him, but only if such
person earns a passing grade without preference.
C. For the purposes of subsection 7i2 7IB of this section, "a person with
a disability" means anyone who has a physical or mental impairment
which substantially limits one or more of his THEIR major life activities
or has a record of such an impairment or is regarded as having such
an impairment.
D. A person qualified for a preference pursuant to both subsection 7i1
7IA and subsection 7i2 7IB shall be given a ten-point preference.
E. A spouse or surviving spouse of any of the following, otherwise
qualified pursuant to subsection 7i1 7IA, shall be given a five-point
preference as if such spouse or surviving spouse were an eligible
veteran pursuant to subsection 7i1 7IA:
1. Any veteran who died of a service-connected disability.
Page 25 of 67
2. Any member of the Armed Forces serving on active duty who, at
the time of application, is listed by the Secretary of Defense of the
United States in any of the following categories for not less than
ninety days:
a. Missing in action.
b. Captured in the line of duty by a hostile force.
c. Forcibly detained or interned in the line of duty by a foreign
government or power.
3. A person who has a total, permanent disability resulting from a
service-connected disability or any person who died while such
disability was in existence.
F. An honorably separated veteran who served on active duty in the
Armed Forces at any time and who has a service-connected disability
and is receiving compensation or disability retirement benefits under
laws administered by the Veterans Administration, Army, Navy, Air
Force, Coast Guard, or public health service shall be given a ten-point
preference pursuant to this section.
G. No person eligible for a preference pursuant to this action shall be
allowed more than a ten-point preference.
H. Proof of Qualification - Proof of eligibility for veteran preference or
preference for a person with a disability shall be presented to the
Personnel HUMAN RESOURCES Department upon request.
Page 26 of 67
RULE 8
EMPLOYMENT LISTS
8a. Types of Employment Lists
Employment lists consist of five types including recall list, reinstatement list,
transfer list, promotional list, and original employment eligible list.
8b. Posting of Names to Employment Lists
All persons whose names appear on employment lists shall have attained
positions on such lists by the successful demonstration of their fitness for
employment in the class. The Personnel HUMAN RESOURCES Director
shall approve the posting of names to employment lists in accordance with
the provisions of Rules 8c-8h inclusive. Persons whose names are approved
on employment lists shall be eligible for employment.
8c. Duration of Eligibility
An eligible may normally have eligibility on an employment list up to a
maximum of two years. The maximum time of eligibility on a recall list shall
be three years. If the Personnel HUMAN RESOURCES Director believes
that an employment list should be supplemented with additional eligibles, he
may direct a new recruitment for the classification, with existing eligibles
being automatically placed on the new list for such time as may remain on
their original eligibility. The Personnel HUMAN RESOURCES Director may
modify the length of eligibility at the onset of a recruitment procedure and in
unusual situations, he may extend an eligible list for an additional year.
Names of eligibles may be removed from any employment list by the
Personnel HUMAN RESOURCES Director for any of the reasons stated in
these Rules. Eligibles whose names are removed from employment lists
shall be sent notice of such action.
An employee whose name appears on an existing promotional list when
entering military service with the Armed Services of the United States of
America during time of war shall continue to have eligibility on such list until
ninety days after being honorably discharged or released from military
service.
8d. Promotional Lists
Promotional lists shall consist of the names of employees, or individuals on
recall lists, who have qualified by competitive or non-competitive promotional
examination. An eligible shall not continue on a promotional list if he THEY
separates from City employment, but he may have his THEIR name returned
to the promotional list if he THEY returns to City employment and the time
limit of eligibility has not expired.
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8e. Original Employment Eligible List
An original employment list shall consist of the names of applicants who
successfully demonstrated that their qualifications were suitable for the class
of employment named in their applications. Such lists shall result from
competition RECRUITMENT open to applicants both outside and inside the
City service. The names on an employment list shall be listed according to
the excellence demonstrated by the applicants, through the qualification
measurements used.
Employment lists may be placed on an open basis to allow continuous
posting of successful applicants.
Eligibility for Trainee classifications may be limited to present City
employees, or those enrolled in a City-sponsored pre-employment training
program. A Trainee may have his THEIR name placed on the eligible list of
the class for which he is THEY ARE training, when it has been demonstrated
that he has THEY HAVE successfully completed the prescribed training
program.
The name of an individual who has successfully completed the requirements
of a City-sponsored pre-employment training program may be placed on the
eligible list for the entry-level class for which the individual is trained, after
passing the appropriate examination.
8f. Recall List
A recall list shall consist of the names of laid-off employees whose
applications for positions on such list were approved by the Personnel
HUMAN RESOURCES Director. The ranking of names on recall lists shall
be in the order provided by layoff rules.
8g. Reinstatement List
A reinstatement list is one consisting of the names of former employees who
resigned or for active employees who voluntarily demoted from a class of the
City service and whose applications for positions on such a list were
approved by the Personnel HUMAN RESOURCES Director. When an
employee who has been certified to a reinstatement list continues to work on
a part-time or temporary capacity in the same classification, the period of
eligibility will continue until such time as the employee is either reemployed in
a regular position or has failed to work in a temporary or part-time capacity
for a period of six months. The names on such list shall be in accordance
with the provisions of these Rules.
8h. Transfer Lists
A transfer list shall consist of the names of employees who
8h1. Are unable for physical reasons, as certified by a licensed
physician, to perform the essential functions of their present
assignment;
8h2. Voluntarily request the placement of their names on such a list;
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8h3. Are placed on the list at the request of their department head.
Placement of an employee on a transfer list requires the approval of the
Personnel HUMAN RESOURCES Director.
Page 29 of 67
RULE 9
CERTIFICATION AND APPOINTMENT
9a. Method of Filling Vacancies
All vacancies in any class of position in the classified service shall be
filled by an eligible from an appropriate eligible list or by a provisional
appointment in the absence of an eligible list by one of the following
methods:
9a1. Demotion;
9a2. Certification and Appointment from recall list;
9a3. Certification and Appointment from transfer list;
9a4. Certification and Appointment from promotional list;
9a5. Certification and Appointment from open competitive eligible
list;
9a6. Certification and Appointment from reinstatement list;
9a7. Provisional Appointment of non-eligibles.
9b. Method of Certification
9b1. Requisition: When a vacancy is to be filled, and when the
appointing authority requests, the Personnel HUMAN
RESOURCES Director shall make certification of eligibles
on a form provided by the Personnel HUMAN RESOURCES
Department.
9b2. Certification: The Personnel HUMAN RESOURCES
Director, except as otherwise provided in this Rule, shall
certify to the appointing authority the names of persons on
the appropriate employment list or lists who have indicated a
willingness to accept appointment to a position vacancy. If
the list of qualified persons is excessively long, the
Personnel HUMAN RESOURCES Director may certify
names in workable numbers to the appointing authority in
the order of their placement on the eligible list.
Whenever the establishment of special qualifications for the
particular position has been requested by the appointing
authority and approved by the Personnel HUMAN
RESOURCES Director, certification shall be limited to those
eligibles on the appropriate list possessing the special
qualifications established.
In the case of promotional examinations in the Police and
Fire Services, the names of the five persons ranked highest
on the appropriate list who have indicated a willingness to
accept appointment to a position vacancy shall be certified.
When more than one vacancy is to be filled, the number of
names submitted shall equal the number of vacancies plus
four.
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In the case of a recall list, the highest name in accordance
with the layoff provisions of these Rules shall be certified to
the appropriate authority for a position vacancy.
9b3. Certification of Eligible to a Lower Class: An eligible may be
certified to a position in a lower class or an equivalent class.
Acceptance of appointment to a position in such class shall
not affect his THEIR eligibility for certification to a position
vacancy in the class in which he THEY established eligible
rights through examination, provided eligibility exists when
the vacancy occurs.
9c. Notification of Eligibles to Report for Interview
When eligibles are certified to the appointing authority to fill a vacancy
in the classified service, said eligibles shall report to him for interview
if requested. The notice shall contain the title of the position to which
eligibles have been certified, the starting rate of pay RANGE, the
address of the organizational unit to which eligibles shall report
LOCATION OF THE INTERVIEW, and the time limit allowed to report
for interview without forfeiting eligibility rights.
9d. Waiver of Certification
The Personnel HUMAN RESOURCES Director may allow an eligible
to waive certification TO ANY EMPLOYMENT LIST. The eligible must
make such request to the HUMAN RESOURCES Director in writing,
stating IF THE REQUEST IS TEMPORARY OR PERMANENT, AND
the reasons for THE waiver of certification. An eligible whose request
is TEMPORARY, AND approved, shall not again be called for
certification SELECTION OF APPOINTMENT until he A requests in
writing IS SUBMITTED AND APPROVED FOR the removal of the
TEMPORARY waiver. If reasons for requesting THE REMOVAL OF
THE TEMPORARY waiver are unsatisfactory, the HUMAN
RESOURCES Director may PERMANENTLY remove the name of the
eligible from the EMPLOYMENT list. Notice of such action shall be
sent to the eligible.
9e. Appointments
9e1. Selection and Appointment from Certified Eligibles: To fill a
position vacancy, the appointing authority shall select and
appoint one of the CERTIFIED eligibles certified to him
except as otherwise provided in this Rule.
When two or more applicants have equal qualifications in
the judgment of the appointing authority, preference in
selection shall be given to a Phoenix resident over a non-
resident.
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The appointing authority shall appoint the one CERTIFIED
eligible certified to him from the recall list to fill a position
vacancy. Rejection of the one eligible certified from the
recall list shall not be allowed other than as provided by Rule
7, except for such acts of conduct occurring between the
date of layoff and date of recall which would be cause for
dismissal of an employee.
9e2. Temporary Appointments: The duration of temporary
appointments will be no longer than twelve months without
approval of the Personnel HUMAN RESOURCES Director.
Temporary appointments may or may not be made from an
appropriate eligible list. A refusal by an eligible to accept his
appointment to a position of limited duration shall not affect
his eligibility to a regular appointment.
9e3. Provisional Appointments: Whenever the Personnel
HUMAN RESOURCES Director determines that an
appropriate employment list is insufficient for the needs of
the City, he THE HUMAN RESOURCES DIRECTOR may
refer a non-eligible to a vacancy for provisional appointment
upon the request of the appointing authority, pending
creation of a new employment list. Such provisional
appointments for all classes of positions shall continue only
for such period as may be necessary to establish an
employment list and make certification of eligibles. Such
provisional appointment shall not exceed sixty 60 full
working days. Time served in a provisional status shall earn
credits toward completion of probationary requirements.
9E4. “INTERIM” APPOINTMENT: WHENEVER THE HUMAN
RESOURCES DIRECTOR DETERMINES THE NEED TO
APPOINT A CLASSIFIED EMPLOYEE TO AN
UNCLASSIFIED POSITION THAT IS LIMITED IN TIME
AND IS FOR THE PURPOSE OF ACCOMMODATING THE
ABSENCE OF AN EMPLOYEE ON EXTENDED LEAVE OR
FOR THE PURPOSE OF ACCOMPLISHING A SPECIAL
LIMITED-TIME PROJECT. THE CLASSIFIED EMPLOYEE
RECEIVING AN INTERIM APPOINTMENT SHALL RETAIN
THEIR CLASSIFIED SERVICE STATUS.
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RULE 10
PROBATION
10a. Period of Probation
Every employee shall work satisfactorily for a period of probation
equal to full-time in each class for which he has THEY HAVE qualified
by examination, certification, and appointment in order to satisfy the
requirements for regular employment in that class. A temporary
appointment cannot satisfy regular employment status. Only an
employee with a regular or an interim appointment can be granted
appeal status after probationary requirements have been satisfied.
The period of probation shall consist of twelve continuous months of
full-time service in the class except as herein provided.
Time taken on paid vacation, sick leave, military leave,
ADMINISTRATIVE LEAVE, light duty status, or while drawing
compensation awarded by the Arizona Industrial Commission, not in
excess of thirty calendar days, shall be allowed the probationer as
creditable time served. If the period exceeds thirty calendar days, the
entire period of absence from normal duties shall be added to the
probationary period.
An employee who demotes from a higher class to a lower class after
completing probation shall be required to serve a new probationary
period in the higher class if he is subsequently promoted to that class.
SEE RULE 20 FOR A VOLUNTARY DEMOTION WHILE SERVING A
PROMOTIONAL PROBATIONARY PERIOD.
A new probationary period shall be served following any break in
service.
10b. Entitlement to Civil Service Board Hearing
A dismissed, suspended, or demoted probationary employee shall not
be entitled to a Civil Service Board hearing, except as provided below.
A promoted probationer who has been dismissed or suspended shall
be entitled to a hearing for his THEIR dismissal or suspension if he
has THEY HAVE completed a probationary period in another class
and has had continuous City employment since that time. The appeal
of a dismissed, promoted probationer shall be for reinstatement to the
lower class from which he was THEY WERE promoted.
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An employee who has not completed probation in any class shall be
entitled to a hearing if he has THEY completed twelve months of
continuous full-time regular service in no more than two classifications
and has not been demoted. This hearing entitlement only applies to
dismissals and suspensions. The appeal of a dismissal shall be for
reinstatement to the class from which he was THEY WERE promoted.
If reinstated, the employee must serve a new probationary period in
the original classification.
The establishment of Civil Service Board hearing rights is not intended
to shorten the probationary period the employee must serve in the
new classification.
Time spent in a trainee/apprenticeship or intern classification shall not
be counted toward completion of probation or establishment of
hearing rights as specified in this Rule. Nothing in this Rule is
intended to change the twelve-month probationary period for the
Police and Fire Departments.
An employee promoted from a trainee, apprenticeship, or intern
classification shall not be entitled to a hearing to return to the trainee,
apprenticeship, or intern classification.
A classified employee who has been given an interim appointment
and who has completed the probationary requirements specified in
these rules shall be entitled to a hearing. This hearing entitlement
only applies to dismissals and suspensions. The appeal of a
dismissal shall be for reinstatement to the classification held by the
employee in the classified service prior to the interim appointment.
Removal from an interim appointment shall not be deemed a
demotion and shall not entitle the employee to a hearing. An
employee removed from an interim appointment shall be returned to
the classification held by the employee immediately prior to the interim
appointment.
10c. Confirmation of Probationer to Regular Status
A performance rating report of satisfactory, made by the rating
authority to the Personnel HUMAN RESOURCES Director, shall
confirm the probationer to regular civil service status on completion of
the probationary period in a regular position.
Page 34 of 67
RULE 11
PERFORMANCE RATING
11a. Performance Rating System
11a1. Who is to be Rated: Performance ratings shall be made for all
full-time employees in the service of the City and each
employee rated shall be given a copy of the rating.
Designated supervisory and management employees may be
rated through a Performance Achievement Program in lieu of
the standard performance rating system.
11a2. Purpose: The purpose of the performance rating system is to
properly evaluate the performance of employees of the City in
the accomplishment of their assigned duties and
responsibilities. In evaluating an employee's performance, it
is necessary to take only factors into consideration ONLY
FACTORS which have a direct relationship to the
accomplishment of work assignments. These factors used in
rating performances should be as objective as possible. The
performance rating system shall be used as a tool of
management to improve the performance level of all
employees, particularly of those who measure below
satisfactory.
11a3. Administration: The administering of the performance rating
system required by this Rule shall be the responsibility of the
Personnel HUMAN RESOURCES Director. A detailed
manual of instruction shall be prepared by the Personnel
HUMAN RESOURCES Director.
11b. Performance Rating System Procedures
11b1. Report Forms: All performance ratings of employees shall be
made upon report forms adopted by the Personnel HUMAN
RESOURCES Director. The forms shall be filled out by rating
authorities, as defined herein, in accordance with these Rules
and the performance manual.
11b2. Rating Authority: The rating authority shall be that person or
committee of persons who directly superviseS the work of the
employee rated. The rating authority shall be determined by
the department head.
11b3. Reviewing Authority: The reviewing authority shall be the
department head, but the function of reviewing may be
delegated to any division head or other supervisor by
direction. When a department head is the rating authority and
when an employee in that case disagrees with the rating
received, the next higher authority shall review such rating. In
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no case shall the reviewing and rating authorities be one and
the same person.
11b4. Rating Periods: Each department head shall ensure than
THAT an annual performance rating is prepared for all regular
employees under the department's jurisdiction.
11b5. Probationary Employee Performance Rating: A performance
rating is required for all probationary employees at three
months, six months, and eleven months FINAL from the date
the probationary employee starts work in that class as a
probationary employee. MANAGEMENT HAS THE ABILITY
TO USE UNSCHEDULED REVIEWS AS APPROPRIATE.
Probationary employee ratings shall be completed pursuant to
the provisions of this Rule and in addition, any overall rating of
less than "meets job requirements" must be specifically
explained in writing. All probationary employee overall ratings
of less than "meets job requirements" shall be reviewed and
approved by the department head. The department head may
delegate this duty to another administrator, but in no event
shall that administrator be at a level below division head. The
person reviewing and approving the overall rating of less than
"meets job requirements" cannot be the same person who
issued that rating.
11b6. Factors for Rating Performance: The factors to be considered
in the performance rating system shall be the factors and
requirements included in the job of the employee being rated.
Detailed information on job factors and requirements are
given in the Employee Performance Manual PERFORMANCE
MANAGEMENT GUIDELINES.
11b7. Rating: The rating shall be made on the basis of BASED ON
the rating authority's considered opinion ASSESSMENT of
work performance, taking into consideration the factors which
are related to the ratee's class of work.
11b8. Appeal: An employee may appeal for a review of an overall
ANY unsatisfactory rating through the chain of command.
The decision of the department head, OR DESIGNEE, shall
be final on such appeals. When a department head is the
rating authority, the next higher authority shall hear the appeal
and make the final decision.
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RULE 12
TRANSFERS
12a. Qualifications for Transfer
An employee may be transferred from a position in a department to a position
in another department for which he THE EMPLOYEE possesses the
qualification requirements, and the pay range of which is determined to be
equivalent to that of his THE EMPLOYEE’S present position
CLASSIFICATION by the Personnel HUMAN RESOURCES Director.
12b. Approval of Transfer
All transfers, except as otherwise provided in this Rule, shall require the
approval of the department heads concerned in the transfer, the City
Manager, and the Personnel HUMAN RESOURCES Director. If the City
Manager determines that the needs of the City can be best served by the
transfer of an employee, he THE CITY MANAGER may direct that the
transfer be accomplished.
The transfer of an employee resulting from a certification of his THEIR name
from an employment list shall not require the approval of the department
head from whose department the employee is being transferred.
12c. Request for Transfer
The requested transfer of an employee shall be registered on the transfer
form provided for such purpose by the Personnel HUMAN RESOURCES
Department. The appointing authority or the employee may request that the
employee be transferred.
12d. Notification of Transfer
The employee affected shall be given advance notice of the transfer.
12e. Transfer of Employee's Employment Record
The employment record of the transferred employee shall be transferred to
the department receiving the employee.
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RULE 13
EMPLOYEE RESIDENCE
13a. Residency Requirements
For the purpose of this Rule, residence means the occupancy of a
dwelling unit, and not merely use for the receipt of mail. Employees
shall keep the City informed of their current residence address, and
shall notify the City within ten days of a change in residence.
The following employees shall reside within the boundaries of the City
of Phoenix within twenty-four months of appointment or promotion.
1. The City Manager and such other professional staff of the
Mayor, the City Council, and the City Manager's Office as the
City Manager shall designate.
2. All Deputy City Managers, Department Heads, Assistant
Department Heads, and other such classes as are officially
included in the Executive category.
All other full-time regular employees shall have twenty-four months
after date of employment to move into the designated residency area.
The designated residency area is the area within 35 miles of the
center of Phoenix *, or the Maricopa Association of Governments’
(MAG) planning areas and incorporated areas, and includes towns
and cities whose border is wholly or partially within the 35-mile radius
or the MAG boundaries.
*
The center of Phoenix is designated as 13th Avenue and
Hatcher Road.
13b. EXEMPTIONS
THE FOLLOWING EXEMPTIONS SHALL APPLY:
1. CURRENT CITY EMPLOYEES WHO ARE PROMOTED INTO
EXECUTIVE POSITIONS FROM NON-EXECUTIVE
POSITIONS, AND WHOSE ADDRESS (AS NOTED IN ECHRIS)
IS NOT WITHIN THE CITY OF PHOENIX BOUNDARIES AT
THE TIME OF PROMOTION, WILL BE ALLOWED TO REMAIN
AT THEIR CURRENT NON-CITY OF PHOENIX ADDRESS.
THE EMPLOYEE MUST SEND NOTIFICATION WITHIN 10
DAYS OF THEIR PROMOTION TO HUMAN RESOURCES
THAT THEY QUALIFY FOR THIS EXEMPTION. THIS
EXEMPTION APPLIES ONLY TO THE EMPLOYEE’S
ADDRESS THAT IS ON FILE, IN ECHRIS, AT THE TIME OF
PROMOTION INTO THE EXECUTIVE CATEGORY. IF THE
EMPLOYEE’S HOME ADDRESS CHANGES AT ANY TIME
AFTER PROMOTION INTO AN EXECUTIVE POSITION, THE
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EMPLOYEE WILL BE REQUIRED TO MOVE WITHIN THE
CITY OF PHOENIX BOUNDARIES.
13C. Waivers
The City Manager may approve a waiver to reside outside of the
designated residency area when in the best interest of the City or for
extreme hardship cases. A residency appeal can be made to the
Residency Review Committee, appointed by the City Manager, which
will provide a recommendation to the City Manager for final
determination.
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RULE 14
SENIORITY
14a. Determination of Seniority
Seniority constitutes length of certified status within a class of the City
service. When two or more employees have the same length of time
in the class, the employee with the longest certified City employment
time shall be the senior. If a tie still exists, the appointing authority
shall make the determination. Any break in service such as dismissal,
resignation, retirement, or status change to part-time, shall cancel all
prior seniority credits. PART-TIME EMPLOYEES DO NOT ACCRUE
SENIORITY CREDITS.
14b. Use of Seniority
14b1. Seniority shall be used in the determination of layoffs.
Application of seniority to layoffs shall be according to the
provisions of Layoff Rule 16 of these Rules. Rule 7g provides
for seniority in reference to promotions.
14b2. Citywide class seniority shall be used as a factor in choice of
work assignments and vacation schedules. The use of
seniority in determining the order of vacation of employees
shall be by class. In choice of work assignments within a
class, seniority shall determine the choice of assignment when
qualifications of employees concerned for kind of assignment
are equal in the sound discretion of the department head,
except that a department head may rotate employees to
provide training and experience in all tasks within a class.
Qualifications for an assignment pertain to aptitude, ability,
skill, knowledge, physical fitness, interest, enthusiasm, and
other pertinent qualifications. Nothing in this Rule shall
prevent or hamper the appointing authority in assigning each
employee of a class to any assignment within a class for which
the employee is best fitted, nor shall the appointing authority
be restricted from assigning an employee without a change in
pay to another class for brief periods for purposes of training
and to meet emergencies.
Resignations, dismissals, and retirements shall cancel all prior
seniority credits as they apply to choice of work assignments
and vacation schedules. An employee who goes from full-time
classified regular employment to job sharing employment shall
have his THEIR full-time seniority credits frozen. If the
individual returns to full-time employment without a break in
service, the frozen credits will be returned and will be added to
the pro-rata credits earned in the job share status.
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14b3. Classified employees who have been absent from work on an
inactive status for more than two years shall have their
classification date adjusted to reflect the duration of the
absence.
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RULE 15
LEAVES OF ABSENCE
Nothing in this Rule shall be interpreted or applied in a manner that conflicts with federal,
state, or local leave laws or regulations. If any part or provision of this Rule is in conflict or
inconsistent with such applicable provisions of federal, state, or local leave laws or
regulations, or is otherwise held to be invalid or unenforceable by any court of competent
jurisdiction, such part or provisions shall be suspended and superseded by such
applicable law or regulations, and the remainder of the Rule shall remain in effect.
15a. Requesting Leaves of Absence
15a1. All requests for leaves of absence with or without pay shall be made to the
department head concerned for approval on forms approved by the
Personnel HUMAN RESOURCES Director. All requests shall be submitted in
advance of the beginning date of the leave (except requests for unanticipated
sick leave which shall be submitted for approval at the earliest possible time)
and the duration and kind of leaves shall be recorded on the payroll. Paid
leaves of absence are subject to available leave credits and the scheduling
of vacations is subject to the control of the department head. All requests for
leaveS of absence (excluding industrial leaves) without pay of over MORE
THAN thirty working days shall be subject to the control of the department
heads concerned and shall require the approval of the appointing authority
and the Personnel HUMAN RESOURCES Director.
The Personnel HUMAN RESOURCES Director shall administer the leave
program.
15a2. Job Sharing Program: An employee in a job sharing position shall
receive a pro-rata share of full-time leave credits in a manner
determined by the Personnel HUMAN RESOURCES Director.
15a3. All leaves of absence for personal illness of the employee; for the birth,
adoption, or foster placement of a child; or for the care of a spouse, child, or
parent of the employee when those family members have a serious health
condition shall be integrated with the leave requirements of the Family and
Medical Leave Act of 1993.
15a4. All leaves of absence qualifying for the use of Earned Paid Sick Time
under Arizona law shall be integrated with the leave requirements of
Arizona Revised Statutes (A.R.S.) Title 23, Article 8.1.
15a5 Salaried (exempt) employees shall not receive deductions from their
compensation for absences from work of less than one full work day, except
as permitted under the Fair Labor Standards Act, the Family Medical Leave
Act, or the Americans with Disabilities Act. If a salaried employee is absent
for less than one-half of a work day, leave balances will not be reduced
except as permitted under the Fair Labor Standards Act, the Family Medical
Leave Act, or the Americans with Disabilities Act. If the employee
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is absent for one-half of a work day or more, a full day of leave will be
deducted.
15b. Vacation Leave With WITH Pay
15b1. Eligibility and Vacation Allowances: Every full-time hourly employee who
works a schedule at full-time 52 weeks of the year shall be credited with
vacation credits for every completed calendar month of paid service
according to the following schedule:
8 hours per month
Through 5 years of service
10 hours per month
beginning 6th through 10th year of service
11 hours per month
beginning 11th through 15th year of service
13 hours per month
beginning 16th through 20th year of service
15 hours per month
beginning 21st year of service & thereafter
Salaried employees shall receive the following annual vacation
accruals, prorated monthly based on an eight-hour day:
12 days
Through 5 years of service
15 days
6th through 10th year of service
16.5 days
11th through 15th year of service
19.5 days
16th through 20th year of service
22.5 days
21st year of service and thereafter
An employee in the General Employee Retirement System CITY OF PHOENIX
EMPLOYEES’ RETIREMENT PLAN who is receiving pension benefits as a
result of retirement from the City under the ARIZONA Public Safety
PERSONNEL Retirement System shall be considered as a new employee in
determining vacation credits.
Any absence without pay in excess of ten working days in any two consecutive
pay periods shall not be allowed as creditable service for vacation benefits.
Leaves of absence compensated under the City of Phoenix Industrial Leave
Program in excess of one year (2,080 hours, or 2,912 hours for 56-hour Fire
employees) per injury or illness shall not be considered as paid service. While
return to working status shall reinstate leave accrual, additional industrial leave for
the same injury or illness shall not be considered paid service. Full-time regular
employees who have been absent from work in an inactive status for more than
two years shall have their rate of vacation accrual adjusted to reflect the duration of
the absence.
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15b2. Accrual of Vacation Credits: Vacation credits shall not be allowed to
accumulate in excess of an amount equal to two times the employee's
current annual rate at the end of any calendar year, except on the
recommendation of the employee's department head and approval of the
appointing authority OR AS ESTABLISHED IN THE APPLICABLE
MEMORANDUM OF UNDERSTANDING/AGREEMENT. Approved excess
vacation carryover shall be subject to the provisions and limitations
imposed by the City Manager OR APPLICABLE MEMORANDUM OF
UNDERSTANDING/AGREEMENT. The City Manager may establish limits
beyond which the employee shall not accumulate further leave credits and
for which the employee shall not be compensated.
The written authority to carry over vacation credits in excess of an amount
equal to two times the employee's current annual accrual rate shall be
placed on file in the Personnel HUMAN RESOURCES Department. Any
unauthorized carryover of vacation credit in excess of an amount equal to
two times the employee's current annual accrual rate OR ESTABLISHED
AMOUNT IN THE APPLICABLE MEMORANDUM OF
UNDERSTANDING/AGREEMENT becomes void at the end of the calendar
year into which such excess credits are extended. Fire Department
employees on a 56-hour schedule shall be allowed a carryover proportional
to the amount allowed general service employees.
15b3. Vacation Rate of Pay and Assessment: The department head is responsible
for the scheduling of vacations for employees regularly each year. Vacation
is charged against the employee's credits in the amount equal to the number
of regularly-scheduled working hours that the employee is on vacation
leave. The full-time employee shall receive the same amount in vacation pay
that he THEY would receive if the employee worked his THEIR normal daily
work schedule. Vacation leave in an amount of less than a day for a full-time
hourly employee shall be charged to the nearest fifteen minutes involved in
the leave.
Vacation leave for salaried employees shall be charged as stipulated in
Rule 15a5.
For good reason OPERATIONAL NEEDS, an employee may be allowed or
required by the department head to forego part or all of his THEIR annual
vacation. No employee shall be required to forego the use of vacation
credits without the department head approving the carryover of credits in
excess of an amount equal to two times the employee's current annual
accrual rate.
15b4. Termination Pay of Vacation Credits: Every employee who has vacation
credits that do not exceed the limitations established by the City Manager
OR APPLICABLE MEMORANDUM OF UNDERSTANDING/AGREEMENT
shall have such credits paid at the time of leaving the City's employment,
whether by resignation, retirement, layoff, dismissal, or death. No such
payment shall be made unless the employee has completed six months of
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employment and no payment shall be made for hours in excess of
limitations established by the City Manager.
15c. Sick Leave With WITH Pay
15c1. Entitlement and Allowance:
A. Every full-time hourly employee who works a schedule at full-time, 52
weeks of the year, shall accrue sick leave credits at the rate of 10 hours
for each month of paid service. Salaried employees shall accrue sick
leave credits at the rate of a day and one-quarter for each month of paid
service. A portion of these accruals, not to exceed 40 hours per year, will
be designated for use as Earned Paid Sick Time in accordance with state
law (A.R.S. Title 23, Article 8.1). See Rule 15d.
B. Sick leave is designated in two different ways: Earned Paid Sick Time
and Sick Leave With WITH Pay. Earned Paid Sick Time shall be used in
accordance with state law (A.R.S. Title 23, Article 8.1). See Rule 15d and
Administrative Regulations 2.30(A) and 2.30(B). Sick Leave With WITH
Pay shall be used pursuant to City policy. See Rules 15c2-15c6 and
Administrative Regulations 2.30(A) and 2.30(B). When requesting sick
time, employees shall choose which type of sick leave they want to use
as specified by Administrative Regulation.
C. Leaves of absence compensated under the City of Phoenix Industrial
Leave Program in excess of one year (2,080 hours, or 2,912 hours for 56-
hour Fire employees) per injury shall not be considered as paid service.
Sick leave credits shall accrue without limitation. Any absence without
pay of more than ten working days in any two consecutive pay periods
shall not be allowed as creditable sick leave time. Upon reemployment
within five years, 20% of sick leave credits at the time of termination shall
be reinstated to the employee and be available for use after one month of
reemployment. However, employees rehired from a layoff eligibility list
shall have full sick leave credits and use of sick leave accumulated during
previous employment. An employee who is receiving pension benefits as
a result of retirement from the City under the Public Safety Retirement
System and who received cash payment for accumulated sick leave at
time of retirement shall not be entitled to the 20% return of sick leave
credits.
15c2. Qualifications for Sick Leave
Sick leave shall only be allowed when:
A. Personal Incapacity, Preventative Care, or Treatment. The employee is
too ill or injured to be able to work safely.
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Employees may also be allowed to use sick leave for examinations by a
licensed physician or dentist, or medical treatments prescribed by a
licensed physician or dentist, when it is not possible to arrange
appointments on off-duty hours.
Employees may be allowed sick leave to provide the supplemental pay
differential between industrial pay and regular net take-home pay under
the provisions of Rule 15g1, after the one-year supplemental pay has
been exhausted.
B. Care for Family Member. The employee needs to assist with care of a
family member who is ill, injured, or requires treatment.
“Family Member” means:
1. Regardless of age, a biological, adopted or foster child, stepchild or
legal ward, a child of a domestic 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; or
2. A biological, foster, stepparent or adoptive parent or legal guardian
of an employee or an employee’s spouse or domestic partner or a
person who stood in loco parentis when the employee or employee’s
spouse or domestic partner was a minor child; or
3. A person to whom the employee is legally married under the laws of
any state, or a domestic partner of an employee as registered under
the laws of any state or political subdivision; or
4. A grandparent, grandchild or sibling (whether of a biological, foster,
adoptive or step relationship) of the employee.
C. A police officer who has no other accumulated paid leave may use up to
ten hours of accumulated sick leave per year for non-emergency home
care or medical treatment of a member of the employee's immediate
family, subject to operational and scheduling factors.
D. Parental Leave. The employee qualifies for leave for the birth, adoption
or placement of a child under the Family and Medical Leave Act (FMLA)
and may use vacation or sick leave for any qualified FMLA absence.
E. Family and Medical Leave Act (FMLA). the employee may use vacation
or sick leave for any qualified FMLA absence.
F. Other Appropriate Circumstances. The City Manager or designee
determines that other reasons of a similar nature exist to warrant the use
of sick leave. The use of sick leave in these circumstances shall be
issued by Administrative Regulation.
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15c3. Rate of Sick Leave Pay and Assessment: A full-time hourly employee while
on sick leave shall be charged sick leave credits in the amount equal to the
number of working hours he is THE EMPLOYEE IS absent. The rate of pay
while on sick leave shall be the rate at which he THE EMPLOYEE is being
paid when taking leave. Sick leave for salaried employees shall be charged
as stipulated in Rule 15a5. In no event shall more than the regularly-
scheduled daily work hours be allowed the full-time employee for each of the
scheduled work days on which he is THE EMPLOYEE IS absent. Sick leave
of less than a full day shall be charged to the full-time employee's sick leave
credits to the nearest fifteen minutes involved in the leave. If sick leave
occurs on an authorized holiday, and the employee was scheduled to work
on that holiday, sick leave shall not be charged and the employee shall
receive the appropriate holiday compensation as provided in City
Administrative Regulations.
15c4. Leave Authorization: Request EXCEPT FOR EARNED PAID SICK TIME IN
15D, REQUESTS for sick leave shall be in writing, signed by the employee,
stating the reasons for the leave and have the approval of the supervisor
who is authorized by the department head to approve sick leave INCLUDE
THE REASON FOR THE LEAVE AND SHALL BE SUBMITTED FOR
APPROVAL TO THE SUPERVISOR WHO IS AUTHORIZED BY THE
DEPARTMENT HEAD TO APPROVE SICK LEAVE. The department head
may require a certificate of disability INCAPACITY from the employee's
physician (licensed) MEDICAL PROVIDER for an absence of over three
days. Such certification may be required for absences of less than three
days when the employee's sick leave record indicates excessive one- or
two-day absences.
An employee, before returning to his duties duty from an illness of over
MORE THAN twelve working days, shall MAY BE REQUIRED TO submit a
statement from his physician THEIR MEDICAL PROVIDER qualifying him
THEM for his THEIR class of work. The department head may refer the
employee to the City physician for examination at the time the employee
reports for duty from an absence of over twelve working days.
An employee who is on extended sick leave shall submit to a medical
examination or examinations made by the City physician, or a licensed
physician designated by the City physician. Provided that if in the opinion of
the City physician the nature and extent of the illness is such that no
examination is necessary to determine that the employee is not able to
work, such examination may be waived until such time as the City physician
shall determine that an examination is again necessary. A report of his
decision shall be forwarded to the department head and the Personnel
Director indicating the approximate date when, in his opinion, an
examination should be necessary. Such examination shall be made within
five days following a period of thirty calendar days of sick leave with pay,
and such additional periodic medical examinations shall be made at thirty
calendar day intervals during the period the employee continues on sick
leave.
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The City physician shall report in writing to the employee's department head
and the Personnel Director on the findings of each medical examination. The
medical findings of the employee's physician shall also be considered and
reported to the department head by the City physician. The department
head involved, on receipt of the medical findings, shall either continue the
employee on leave or order him to return to his duties. It shall be the
responsibility of the department or division head of the employee who is on
extended sick leave with pay to inform the City physician of the name and
exact location of such employee and of the dates on which medical
examinations shall be made.
The Personnel Director may require that a medical examination be made of
such employee if he has not received a copy of the medical report on the
employee after ten days from the date when such medical examination is
required to be made.
15c5. Appeal From the Medical Decision of the City Physician: When the medical
opinion of the City physician results in the department head denying the
petition of an employee to be absent or to return to work because of an
illness or injury, the employee's licensed physician who concurs with the
employee's request and the City physician shall select a third licensed
physician to examine the employee. The majority opinion of these three
physicians shall determine whether the employee shall be given sick leave or
returned to his job. The cost of the services of the third physician shall be
assumed equally by the employee and the City.
15c6. Medical FIT FOR DUTY Examinations: Whenever, in the opinion of the
department head, the work record or the attendance record, or both, of an
employee indicates that he may have CONCERNS REGARDING THE
EMPLOYEES FITNESS FOR DUTY DUE TO a health problem CONDITION,
the department head may direct that he be MUST CONSULT WITH HUMAN
RESOURCES FOR APPROVAL AND REFERRAL TO HAVE THE
EMPLOYEE examined by the City physician CITY’S CONTRACTED
MEDICAL PROVIDER.
Supervisors below the department head level IN CONSULTATION WITH
HUMAN RESOURCES shall immediately inform the department head of any
undue lowering of the quality of work of any employee or any undue
absences which may be a result of the employee's physical condition.
The results of each examination shall be used in counseling the employee to
the end that he will get the best out of his health resources. The medical
findings of each examination shall be transmitted to the employee and his
THEIR physician when, in the opinion of the City physician CITY’S
CONTRACTED MEDICAL PROVIDER, corrective TREATMENT steps should
be taken. The medical findings of the City physician CITY’S CONTRACTED
MEDICAL PROVIDER shall be made available to the employee's family
physician upon request of the employee or his THEIR physician.
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When the medical findings disclose a disability that limits the employee's
ability to perform the essential functions of the job, the department shall
investigate the reasonable accommodations that may be made to assist the
employee.
When, in the opinion of the City physician CITY’S CONTRACTED MEDICAL
PROVIDER, a leave of absence is necessary for corrective treatment, the
employee shall be entitled to such sick leave credits as stand to his THEIR
account. In the event an employee is found to need a leave of absence to
recover from his physical illness THEIR HEALTH CONDITION and would be
required to take sick leave with or without pay, he THE EMPLOYEE shall
have the right to appeal to a board composed of the City physician, the
employee's physician, and a consulting physician selected by the two OBTAIN
A SECOND OPINION WITH A PROVIDER OF THEIR CHOOSING. IF THE
SECOND OPINION DIFFERS FROM THE ORIGINAL FINDINGS, THE CITY
WILL SCHEDULE A THIRD AND FINAL EXAMINATION WITH ANOTHER
MEDICAL PROVIDER. The majority opinion of the three in writing shall be
binding upon the employee to take or not to take a leave of absence with or
without pay. The cost of the consulting physician shall be in accordance with
the provisions of the preceding section as to this cost responsibility.
15d. Earned Paid Sick Time
15d1. Entitlement: Employees shall accrue a minimum of one hour of earned
paid sick time for every 30 hours worked, but employees shall not be
entitled to accrue or use more than 40 hours of Earned Paid Sick Time
per year.
15d2. Earned Paid Sick Time is different than Sick Leave With WITH Pay.
Employees shall be permitted to use Earned Paid Sick Time in
accordance with state law (A.R.S. title 23, Article 8.1) and as specified
by Administrative Regulation. Employees who choose to use Earned
Paid Sick Time should refer to Administrative Regulations 2.30(A) and
2.30(B).
15e. Military Leave
15e1. National Guard: Leave for National Guard shall be as specified in
State law (ARS A.R.S. SECTION 26-168) and issued by
Administrative Regulation.
15e2. Military Reserve: Leave for Armed Services Reserve shall be as
specified in State law (ARS A.R.S. SECTION 38-610) and issued by
Administrative Regulation.
15e3. United States Armed Services in Wartime: All employees shall be
entitled to an indefinite leave of absence without pay while serving on
active duty in the military branch of the United States Government
during time of war. This leave allowance also shall cover absences
resulting from compulsory military training orders in
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peacetime. The position from which an employee is on military leave,
if filled, shall be subject to the return of the employee from military
leave.
The employee returning from military leave shall be reinstated to his
THEIR position upon his THEIR request and presentation of his
THEIR military termination papers to the Personnel HUMAN
RESOURCES Director if he is THEY ARE physically fit to perform the
duties of his THEIR former position. If his THE former position is no
longer in existence, he THE EMPLOYEE shall be entitled to such
employment or reinstatement rights as his THEIR seniority and
performance rating entitle him THEM. He THEY shall be allowed
ninety days to report to his THE department head for duty after the
date of his discharge or proper release from the Armed Services.
Employees on military leave of absence will be awarded a merit
increase upon their return in accordance with USERRA.
15f. Special Leave Without Pay
An employee holding a position in the City service may, upon written request,
be granted special leave of absence without pay for any of the following
reasons:
15f1. To enable an employee to engage in a course of study such as will
increase his THEIR usefulness to the City service;
15f2. To enable an employee to take a position in the unclassified service of
the City;
15f3. To enable an employee who is physically or mentally incapacitated to
recover his THEIR health;
15f4. To enable female employees to attend to THEIR OWN maternity
medical needs, after paid leave has been exhausted;
15f5. To enable an employee to take up to twelve weeks upon the birth or
adoption of a child or to care for a seriously ill member of the
immediate family, as required by the Family and Medical Leave act;
15f6. Other equally good reasons considered valid by the City Manager.
All requests for leave of absence without pay not in excess of thirty
working days shall require only the approval of the department head
concerned. All other requests for leave of absence (excluding
industrial leaves) without pay over MORE THAN thirty working days
shall be subject to the control of the department head concerned and
shall require the approval of the City Manager and the Personnel
HUMAN RESOURCES Director. All leaves requested or granted
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under the requirements of the Family and Medical Leave Act of 1993
shall comply with the guidelines of that Act.
Original requests for special leave of absence without pay shall be for
a period not to exceed one year in duration, except for a classified
employee who takes leave to accept appointment to a position in the
unclassified service. A leave to hold a position in the unclassified
service shall terminate when the classified employee either resigns or
is returned to his A classified position. Any request for extension of
leave, except as otherwise provided herein, shall be subject to all the
requirements of the original request. The requesting employee shall
state the reasons why in his opinion the request should be granted,
the date when he desires the DESIRED leave to beginS, and the
probable date of his return. Upon the termination of said leave of
absence, such employee shall be returned to his THE position in the
department from which he THEY obtained leave of absence, if same
is in existence, and he THE EMPLOYEE has prior rights over one or
more persons in his THE class; otherwise he THEY shall be
transferred to another position or be laid off in accordance with the
rules on transfer, seniority, and performance rating.
If during leave from a position in the classified service, an employee
holds a position in the unclassified service and is dismissed
therefrom, such dismissal shall not abrogate his rightS to a hearing
with respect to his THEIR position in the classified service.
If, in the opinion of the appointing authority, an employee is
incapacitated and unable to work on account of illness, such
employee may be required to submit himself to a physician designated
or approved by the City for examination, but the employee shall have
the right to be represented at such examination by a physician of his
THEIR own choice at his THEIR own expense. If the report of the
physician shows the employee to be in an unfit condition to perform
his THE ASSIGNED duties, the appointing authority shall have the
right to compel such employee to take sufficient leave of absence to fit
him to perform his duties PROVIDE THE EMPLOYEE AN ABILITY TO
BECOME FIT FOR DUTY, assign the employee to light duty, or
separate the employee from City service.
15g. Industrial Leave
15g1. Entitlement: A certified regular full-time employee who works a
schedule at full time fifty-two weeks of the year who is disabled and
absent from work as a result of an industrial injury or occupational
disease shall be kept on the City payroll and be paid an amount equal
to but not to exceed his THE EMPLOYEE’S regular net take home at
the current rate of pay for up to one year total per injury.
Page 51 of 67
A Police Reserve Officer who is also a certified regular full-time City of
Phoenix employee shall be paid at the same rate as if he THE
EMPLOYEE had been injured while performing his THEIR regular
duties as a full-time employee, except that if the beginning Police
Officer salary is higher than the employee's regular rate of pay, the
beginning Police Officer pay shall be used for determining net take-
home pay for up to one year total per injury.
An employee must meet each of the following conditions to qualify for
the rate of pay specified in this section:
A.
Be under the jurisdiction of the Industrial Commission of Arizona
and be receiving workers compensation for time lost due to an
industrial injury received while employed by the City of Phoenix.
B.
Meet the specific requirements of the state of Arizona workers
compensation law.
C.
Meet the requirements contained in negotiated Memorandum of
Understanding (MOU).
If a decision on compensability of a claim is pending at the
State Compensation Fund WITH THE THIRD-PARTY
ADMINISTRATOR or Industrial Commission, and it is
determined by the Personnel HUMAN RESOURCES Director
that the injury or disease falls within the definition of an
industrial injury or occupational disease, the rate of pay
specified above shall be granted.
An individual who separates from City employment or from
Reserve Officer status shall only be entitled to the
compensation required under Arizona workers compensation
law
15g2. Merit Pay Increase: Time taken on Industrial Leave or light duty
assignment, not in excess of thirty working days, shall be allowed as
creditable time in determining eligibility for a normal merit pay
increase. If the time exceeds thirty days and the circumstances of the
injury so warrant, the employee may receive a merit pay increase on
his THEIR anniversary date with the recommendation of his THE
department head and approval of the City Manager.
15g3. Definitions:
A. "Industrial Leave" is defined as absence from work as the result of:
1. An injury by accident arising out of and in the course of City
employment as defined by the Workers Compensation Laws of
the State of Arizona.
Page 52 of 67
2. Those occupational diseases arising out of and in the course of
City employment as defined by the Occupational Disease Laws
of the State of Arizona.
B. "Net Take-Home Pay" is defined as the biweekly base rate of pay
for a full-time employee, less deductions for federal and state
income tax, social security tax, and pension plan contributions. It
does not include earnings for bonus pay, overtime differential,
stand-by pay, or any other pay that is normally not a constant
condition of work for the class. In no event shall "net take-home
pay" be less than the amount the employee or Police Reserve
Officer is entitled to under the State Workers Compensation Laws.
15g4. Conditions: The employee must meet the following conditions to
qualify for industrial leave:
A.
An employee or Police Reserve Officer who refuses to make an
election of remedy pursuant to Arizona Revised Statute 23-1023
in event of injury or who rejects the conditions of Workers
Compensation Laws of the State of Arizona prior to an industrial
injury or illness shall not be entitled to Industrial Leave.
B.
The employee or Police Reserve Officer must sign a prior
agreement directing that all warrants for compensation issued
by the State Compensation Fund shall be mailed to the City
Comptroller, and granting limited power of attorney to the City
Comptroller to endorse such warrants on the employee's behalf
and to cash the same.
C.
If the employee or Police Reserve Officer elects to sue a third
party defendant involved in the accident, and if he proceeds
against such other person, the City of Phoenix shall have a lien
on the amount actually collectible from such other person to the
extent of the monies paid by the City of Phoenix over and
above the Workers Compensation, medical, surgical, and
hospital benefits paid by the State Compensation Fund.
The amount actually collectible shall be total recovery less the reasonable
necessary expenses including attorney fees actually expended in securing
such recovery and less the amounts to be paid to the State Compensation
Fund.
15h. Bereavement Leave:
A full-time employee may be allowed paid leave time for the purpose of
attending to family needs that arise in connection with the death of a member
of the employee's immediate family.
"Member of the employee's immediate family" means the mother, father, or
stepparent of the employee; spouse, child, stepchild, brother,
Page 53 of 67
sister, stepbrother, or step-sister of the employee; grandparent or grandchild
of the employee; the mother and father of the employee’s spouse; domestic
partner of the employee; children or parent of the domestic partner; and
person residing in the employee’s household as a member of the family. A
relative who, because of family circumstances, has been a parent substitute
to the employee, may be considered as a substitute for mother or father in
this definition.
The duration of the paid bereavement leave shall not exceed three working
days. Additional air travel time shall be allowed when the burial occurs out of
state and the employee travels to that location.
15I. WORK ASSIGNMENTS FOR SHORT-TERM, UNSCHEDULED
EMERGENCY SITUATIONS:
IN THE EVENT OF A SHORT-TERM, UNSCHEDULED EMERGENCY,
INCLUDING CLOSURE OF A CITY FACILITY, THE CITY MANAGER, OR
DESIGNEE, MAY ASSIGN FULL-TIME EMPLOYEES TO A HOME
ASSIGNMENT OR AN ALTERNATE WORK LOCATION. THE HOME
ASSIGNMENT WILL NOT REPLACE APPROVED LEAVE THAT MAY FALL
WITHIN THE SAME PERIOD.
Page 54 of 67
RULE 16
LAYOFF/RECALL
16a. Procedures of Notification:
Whenever it becomes necessary, through lack of work or funds, or any other
cause, to reduce the number of employees in any given class, the head of
the department concerned shall notify the Personnel HUMAN RESOURCES
Director of the number of employees to be laid off from each class within the
department. The Personnel HUMAN RESOURCES Director shall thereafter
transmit to the department head whose employees will be affected by the
layoff a listing of the names of the employees who shall be laid off within the
department in accordance with the provisions of these Rules. Employees in
job sharing position shall be excluded from the layoff process. However, if
the position that two job sharers occupy is eliminated from a department's
budget, the incumbent job sharers shall have seniority rights based on the
seniority rating score (SRS) specified in this Rule.
16b. Order of Layoff:
The order of layoff will be based upon the SRS of employees in the affected
class. The employee in the affected class who has the lowest SRS shall be
laid off first. If additional layoffs are necessary, they shall be made in like
manner. Provisional employees of the same class within the City service
shall be laid off ahead of certified employees.
16b1. Except as otherwise provided in this Rule, an employee whose layoff
is anticipated, as hereinabove provided, shall:
A. Assume a position (i.e., "bump back") in the next lower class
in which the employee has certified City service, provided
that:
1. The employee's SRS in the lower class is higher than
that of the lowest employee in that class; and
2. The employee meets the physical requirements of the
class and can perform the required duties;
Or, if possible:
B. Be transferred to a vacant position in a related equivalent or
lower classification without examination, provided that such
lower classification is equal to or higher than the next lower
class in which the employee has certified service and
provided further that the employee meets the requirements for
performance in that class as determined by the Personnel
HUMAN RESOURCES Director and the appointing authority.
Page 55 of 67
C. An employee who refuses a transfer or reduction, as
described in 16b1.B above, shall be considered to have
forfeited further protection of this Rule and shall be considered
to have resigned.
D. An employee who is reduced to a class at a pay range lower
than that from which he THE EMPLOYEE was promoted,
because the employee is physically unable to perform the
duties of the higher class, shall be deemed to have had his
THEIR "bumping rights" satisfied.
E. The provisions of this Rule in no way affect an employee's
rights under the provisions of Rule 10: Probation.
16b2. The employee with the lowest SRS in the lower class shall have
rights as in Rule 16b1 above, or be laid off.
16b3. In all cases, if in the judgment of the Personnel HUMAN
RESOURCES Director and with the approval of the City Manager,
retention of employees with special skills is required, or if those
employees remaining would not have the demonstrated ability and
qualifications to perform the required services, layoffs may take place
out of the order of SRS.
16b4. When two or more employees in the same class have an identical
SRS, the one with the least amount of certified time in City
employment shall be laid off first. If further determination is
necessary, the appointing authority shall make the determination.
16c. Determination of Seniority Rating Score:
Seniority shall be computed by adding one point for each full month of
service within the classification from which layoffs are under consideration,
and 1/30th of a point for each additional calendar day of service in the class.
Points may only be added for service in regular full-time positions of the
classified service. In addition, the following shall apply:
16c1. Time served in a part-time, hourly, or temporary position, including all
federally-funded positions of a temporary nature, shall not receive
seniority points under the provisions of this Rule; provided, however,
that a regular City employee who is placed in a temporary position in
connection with an approved leave of absence and whose employee
benefits have not been terminated shall have points credited for such
period of service, and job share employees will have a combination of
their regular employment and the pro-rated credits earned in job
share, if there has not been a break in service.
Page 56 of 67
16c2. Creditable time in a class shall date from the earliest certified
appointment date to a position in that class, except that time served
prior to any break in service such as resignation, retirement,
dismissal, or status change to part-time will not be credited for
seniority in conjunction with this Rule. Time of any officially-approved
leave of absence of less than two years shall be allowed as creditable
time in determining the SRS of an employee.
16c3. Length of creditable time served in a higher class shall be allowed as
creditable time in computing SRS in a lower class in which the
employee actually served, provided service in the higher class
occurred subsequent to service in the lower class.
16d. Recall List:
Recall lists shall be maintained for each class of position in which layoffs
have occurred. Such lists shall consist of names of persons laid off from a
position in the class and who were granted recall privileges in accordance
with the provisions of this Rule. The names of the employees with the
highest SRS in the class shall be placed highest on the recall list. When the
scores of two or more laid-off employees are equal, they shall all be certified
to the appointing authority for selection.
16e. Recall Eligibility:
16e1. Any department with a position vacancy in a class with a recall list will
give absolute selection preference to the individual with the highest
SRS on the recall list for that particular class, who possesses the
required knowledge, skills and abilities for the position vacancy. If the
highest-scored employee on the list is not selected because of a
failure to possess the required knowledge, skills, and abilities for the
position, such employee shall retain his THEIR position on the recall
list.
16e2. When an employee whose name is on the recall list is reemployed as
described above, that employee shall be restored with the SRS held
prior to layoff in the class to which he IS reemployed, and seniority
points shall begin to accrue on the date of reemployment.
16e3. The name of any employee which is placed on a recall list pursuant to
Rule l6e may be maintained on such list for a period not to exceed
three years from the date that the employee was laid off.
16e4. If an employee on a recall list is offered a position in that class and
refuses it, the employee's name shall be removed from the recall list
for that class.
Page 57 of 67
RULE 17
RESIGNATION
17a. Resignation:
An employee wishing to leave the classified civil service in good standing
shall file with the appointing authority a written resignation in the form
prescribed by the Personnel HUMAN RESOURCES Director, giving at least
two weeks' notice of his THEIR intention to leave the service, unless the
appointing authority consents to his THE EMPLOYEE leaving sooner. The
written resignation shall be forwarded to the Personnel HUMAN
RESOURCES Department forthwith. An employee who is absent without
authorized leave for one work week (three shifts for fifty-six-hour employees)
shall be considered to have abandoned his THEIR position.
17b. Withdrawal of Resignation:
Any employee who has resigned in writing may, with the consent of the
appointing authority affected and the Personnel HUMAN RESOURCES
Director given after investigation, withdraw his THE resignation and be
restored to the position vacated, if it is still vacant or filled by a temporary
employee; and if it is not vacant or temporarily filled, he THE RESIGNED
EMPLOYEE may have his THEIR name placed on the reinstatement list for
the class of position for which he has THEY resigned.
In the event that the resigned employee has in the intervening period
withdrawn or applied for withdrawal of the amount standing to his THEIR
credit as his THEIR contribution into the City Retirement System, the
Personnel HUMAN RESOURCES Director shall determine that the employee
has returned or agreed to return said funds to his THEIR retirement account
pursuant to the provisions of Chapter 24, Article 2, Section 13.1 of the City
Charter, prior to approving the withdrawal of resignation.
Page 58 of 67
RULE 18
REINSTATEMENT
18a. Reinstatement Lists:
Reinstatement lists shall be maintained for each classification. Such lists
shall consist of the names of persons who previously had occupied positions
in the class and have been granted reinstatement privileges in accordance
with the provisions of these Rules.
18b. Application for Reinstatement:
Written application for placement on reinstatement lists must be made within
two years of the date of resignation. Application shall be filed with the
Personnel HUMAN RESOURCES Director.
18c. Eligibility (for Reinstatement):
18c1. Any employee who has been certified and appointed to a regular, full-
time position with the City and who resigns from such position may
apply for reinstatement within two years after date of resignation.
18c2. Any employee who qualifies for reinstatement may also, if he
requests in writing, have his THEIR name placed on the
reinstatement list of lower classifications in which he has completed
the probationary period HAD BEEN SATISFACTORILY
COMPLETED.
18c3. Any employee who resigned from City service and applies for
reinstatement pursuant to Rule 18c1 will have his THEIR name
maintained on this list for a period not to exceed two years from the
date that the name is posted to this list.
18c4. Any employee who requests reinstatement within 90 days following
the date of resignation may have his THEIR name placed on the
reinstatement list if he satisfies THEY SATISFY the other provisions
of this Rule, and if the Personnel HUMAN RESOURCES Director
determines that in the event that the resigned employee has in the
intervening period withdrawn or applied for withdrawal of the amounts
standing to his THEIR credit as his THEIR contributions into the City
Retirement System, the employee has returned or agreed to return
said funds to his THEIR retirement account pursuant to the provisions
of Chapter 24, Article 2, Section 13.1 of the City Charter. Failure of
the employee to return such funds in full shall constitute grounds for
immediate discharge of such employee at the expiration of six months
following return to City employment.
18d. Disqualifications:
Any employee who resigns while under charges brought against him THEM
by the appointing authority shall not be eligible for reinstatement. Any
employee who resigns shall not be eligible for reinstatement if his THEIR
overall performance rating at the time of resignation was not satisfactory.
Page 59 of 67
RULE 19
SUSPENSIONS AND DISMISSALS
19a. Length of Suspension:
The appointing authority may, for disciplinary reasons, suspend an employee
for a period not to exceed thirty work days at any one time by notifying the
employee of the suspension and stating the reasons for the suspension. The
notification requirements of Rule 21 shall be followed in giving this notice.
19b. Appeal From FROM Suspension Order:
An employee who has completed the probationary period in his THEIR class,
or who has satisfied the requirements of Rule 10b, shall be entitled to a
hearing on a suspension order made by the appointing authority in
accordance with the hearing procedures provided in Rule 22.
19c. Reasons for Dismissal:
The appointing authority may dismiss an employee for unacceptable conduct
or unsatisfactory performance of duties. The employee shall be informed of
the dismissal and the reasons for the dismissal in accordance with the
notification requirements of Rule 21.
19d. Appeal From FROM Dismissal Order:
An employee who has completed the probationary period in his THEIR class
or who has satisfied the requirements of Rule 10b shall be entitled to a
hearing on a dismissal order if the employee meets the appeal requirements
specified in Rule 22a.
Page 60 of 67
RULE 20
DEMOTIONS
20a. Reasons for Demotion:
The appointing authority may demote an employee from his THEIR
classification to a lower classification in the same series or to a lower related
classification for the purpose of discipline or for reasons of the employee's
failure to meet the requirements of his THE class of work. The appointing
authority shall serve the employee with a written notice of demotion, including
in the order of demotion statements of the reasons therefor. The notification
requirements of Rule 21 shall be followed in giving this order.
20b. Appeal From FROM Demotion Order:
An employee who has completed the probationary period in his THE class
shall be entitled to a hearing before the Civil Service Board on a demotion
order made by the appointing authority in accordance with the hearing
procedures provided in Rule 22.
20C. VOLUNTARY DEMOTION FOR PROMOTIONAL PROBATIONARY:
AN EMPLOYEE WHO REQUESTS A VOLUNTARY DEMOTION DURING
THEIR PROMOTIONAL PROBATIONARY PERIOD MAY BE PLACED IN A
VACANT POSITION IN THE PRIOR CLASSIFICATION THAT THE
EMPLOYEE HAS PASSED PROBATION WITH APPROVAL FROM THE
HUMAN RESOURCES DIRECTOR.
Page 61 of 67
RULE 21
DISCIPLINE
21a. Notice of Discipline:
The appointing authority shall sign an order in writing which shall constitute
the notice of discipline, and shall also state in the notice the specific charges
which shall be set forth clearly and with such particularity as will enable the
employee to understand the charges made against him and to answer them.
Such order shall be personally served on the employee forthwith or mailed by
certified mail to his THE EMPLOYEE’S most recent reported address.
Return receipt from addressee shall be retained by the serving department
head and a copy of the notice shall be filed with the Civil Service Board. An
employee with probationary requirements completed may have the hearing
benefits provided in Rule 22.
21b. Reasons for Discipline:
The tenure of every employee in the classified service shall be during
acceptable conduct and satisfactory performance of duties. Failure to meet
such standards of conduct and work performance for any of the following
listed reasons, such list not to be considered all-inclusive, shall be considered
sufficient by the Board to uphold the action of the appointing authority in
disciplining an employee.
21b1. That the employee is incompetent or inefficient in the performance of
his THEIR duties.
21b2. That the employee has been abusive or threatening in his attitude,
language, or conduct toWARDS his fellow employees, customers of
the City, or the public.
21b3. That the employee has violated any lawful or official regulation or
order, or failed to obey any lawful and reasonable direction given
him by his THE supervisor, when such violation or failure to obey
amounts to insubordination or serious breach of discipline which
may reasonably be expected to result in lower morale in the
organization, or to result in loss, inconvenience, or injury to the City
or the public.
21b4. That the employee has solicited or taken for personal use a fee, gift
or favor in the course of his THE ASSIGNED work or in connection
with it, which would lead toward favoritism or the appearance of
favoritism or a conflict or interest.
21b5. That the employee is in possession of a deadly weapon (as defined
in ARS 13-3101), excepting a pocket knife (as provided in ARS 13-
3102) at a City worksite1, unless such employee is a police officer.
Page 62 of 67
1 (A worksite includes not only City buildings and property,
but also City vehicles and private vehicles while being used
on City business, and other assigned work locations.)
21b6. That the employee is in possession of an alcoholic beverage or an
illegal drug while on duty at a worksite.1 An exception is allowed for
an alcoholic beverage in a sealed container that is a gift to be given
or has been received at the worksite.
1 (A worksite includes not only City buildings and property,
but also City vehicles and private vehicles while being used
on City business, and other assigned work locations.)
21b7. That the employee, through negligence or willful conduct, has
caused damage to public property or waste of public supplies or
work time.
21b8. That the employee has been absent without leave, contrary to these
Rules, or has failed to report after leave of absence has expired, or
after such leave of absence has been disapproved or revoked and
cancelled by the appointing authority.
21b9. That the employee has participated in prohibited political activities as
outlined in applicable City of Phoenix Administrative Regulations.
21b10. That the employee has participated in a strike against the City of
Phoenix as that term is defined in 2-220(17), Code of the City of
Phoenix. ("Strike" means the failure by concerted action with others
to report for duty, the concerted absence of employees from their
positions, the concerted stoppage of work, mass picketing, or the
concerted abstinence in whole or in part by any group of employees
from the full, faithful, and proper performance of the duties of
employment with a public employer, or the concerted engagement in
a work action for the purpose of inducing, influencing, or coercing a
change in wages, hours, or working conditions, or terms of
employment.)
21b11. That the employee has some permanent or chronic physical or
medical ailment or illness which incapacitates him THEM for the
performance of the essential functions of the position after
accommodations and placement efforts stipulated in City
Administrative Regulations have been pursued.
21b12. That the employee has intentionally falsified records or documents
made, kept, or maintained for or on behalf of the City of Phoenix.
21b13. That the employee has stolen or is in unauthorized possession of
City property or the property of another employee or citizen.
Page 63 of 67
21b14. That the employee is under the influence of alcohol or illegal drugs
on the job.
21b15. That after investigation, the employee has violated City of Phoenix
anti-harassment OR ANTI-DISCRIMINATION policies.
21b16. That the employee has failed to cooperate in an administrative
investigation by refusing to attend scheduled meetings, refusing to
answer questions to the best of his THEIR knowledge, or willful
obstruction of the investigation.
21b17. That the employee has retaliated against another employee for
exercising his/her THEIR rights to participate in or appear as a
witness at a Civil Service Board hearing.
21b18.
THAT THE EMPLOYEE HAS VIOLATED THE CITY’S ETHICS
POLICY, INCLUDING FAILURE TO PROVIDE COMPLETE
ACCURATE AND TRUTHFUL INFORMATION.
21B19.
THAT AFTER INVESTIGATION, IT IS REASONABLE TO
CONCLUDE THE EMPLOYEE’S ACTIONS BROUGHT DISCREDIT
OR EMBARRASSMENT TO THE CITY.
21B20.
21B21.
THAT THE EMPLOYEE’S ACTIONS MEET THE ELEMENTS OF A
FELONY.
That the employee has been guilty of any other conduct of equal
gravity to the reasons enumerated in 21b1 through 21b1720.
Page 64 of 67
RULE 22
HEARING PROCEDURES
22a. Request for Hearing:
The employee shall have fourteen calendar days after date of service of
notice of the order of suspension, demotion or dismissal on him THEM
personally, or twenty-one calendar days from the date of mailing by certified
mail the notice of the order of suspension, demotion or dismissal, to request a
hearing before the Board. The request for hearing must be in writing and
must state the specific allegations in the discipline notice with which the
employee disagrees. The request for hearing must be personally delivered to
the Board or deposited in the United States mail, certified, return receipt
requested, postage prepaid, addressed to the office of the Civil Service
Board, within the above-stated time.
The employee shall also immediately thereafter file copies thereof with the
complainant department head and the City Attorney. At the time the
employee files the request for hearing, he THE EMPLOYEE shall set forth
whether he desires THEY DESIRE a public or a private hearing.
Failure on the part of a suspended, demoted or dismissed employee to file a
request for hearing within the time allowed in this Rule shall terminate his
THE EMPLOYEE’S right to a hearing and the order of suspension, demotion
or dismissal made by the appointing authority shall be deemed final.
22b. Time for Hearing:
The Board shall determine if the hearing will be public or private, set the date
of the hearing and shall, when possible within thirty days, hear and determine
the matter and either affirm, modify, or revoke such order.
22c. Conduct of Hearing:
The appellant shall be entitled to appear personally, produce evidence, and
to have counsel and a public or private hearing. The appointing authority
may also be represented by counsel. All hearings and investigations before
the Board shall be governed by these rules of practice and procedure; and in
the conduct thereof, the Board shall not be bound by technical rules of
evidence, nor shall informality in any of the proceedings or in the matter of
taking testimony invalidate any order, decision, rule or regulation made or
approved by the Board.
The Board may appoint a paid hearing officer to conduct the hearing. The
conduct of the hearing and procedures shall be the same as if the Board
were holding the meeting, and shall serve as the hearing provided in these
Rules. It shall be the duty of the hearing officer, within two weeks of the
conclusion of the hearing, to forward all records and his THE
recommendation concerning the appeal to the Board for appropriate action.
Page 65 of 67
22d. Hearing Procedure:
A record of the charges shall be included in the minutes of the Board, and a
time and place set for a hearing. The Board shall have the power to
subpoena and require the attendance of witnesses and the production of
pertinent documents, and to administer oaths and, if necessary, to continue
the hearing from time to time. Subpoenas issued by the Board must be
served by personal service. If a Board subpoena is issued at least seven
calendar days prior to the hearing date, a party seeking service on a City
employee may contact the employee's department head for purposes of pre-
arranging a specific date, time and place during the employee's shift where
service can be completed. Upon receiving such request, it shall be the duty
of the department head to establish a date, time and place reasonably
convenient to the employee and the party seeking to serve the subpoena,
unless said employee is on leave or vacation. The order of proof in any
hearing of complaint shall be as follows:
22d1. The appointing authority, or the complainant, shall present his
evidence in support of the charges.
22d2. The defendant shall then produce such evidence as he THEY may
wish to offer in his THEIR defense.
22d3. The parties in interest may then offer rebuttal evidence.
22d4. No employee shall be disciplined or retaliated against for appealing
a disciplinary action to the Civil Service Board, or for testifying at a
Civil Service Board hearing.
If a private hearing has been approved by the Board, the Chairman of the
Board or the Hearing Officer shall clear the hearing room of all persons not
directly involved in the hearing.
If the hearing is open to the public, the Chairman of the Board or the Hearing
Officer may order that no cameras or tape recorders be operated in the
hearing room while the hearing is in progress, if in the judgment of the
Chairman or Hearing Officer, the use of such devices would be disruptive to
the hearing.
At the request of either party, the Chairman of the Board or the Hearing
Officer shall order that witnesses who will testify during the hearing be
excluded from the hearing room until such time as they testify. The City may
exclude from the operation of this provision one representative of the
appointing authority.
Page 66 of 67
22e. Disposition of Appeal:
Following the hearing and such investigations as the Civil Service Board may
see fit to make, the Board shall report its finding and decision to the
appointing authority responsible for the removal, suspension, demotion, or
reduction in compensation, as specified in the notice. Thereupon the
appointing authority shall make such final disposition of the matter as has
been determined by the Civil Service Board. The Board may at its discretion:
22e1. Order the restoration of the employee to his THEIR position with or
without loss of pay during the period between the filing of the
charges and the making of the order.
22e2. Uphold or modify the order of suspension, demotion, or dismissal.
22e3. When an employee's competency is questioned upon charges filed
by the appointing authority, the Board may require an examination of
fitness, the result of which may be taken into consideration in
determining such fact.
22f. Finding and Decision:
The finding and decision of the Board shall be final, and shall be certified to
the official from whose order the appeal is taken, and shall forthwith be
enforced and followed by him. If the finding and decision of the Board orders
the reinstatement of a dismissed employee without back pay, time off in
excess of thirty working days caused by the Board's hearing procedure shall
not be considered a suspension in violation of Rule 19, and shall not be
compensated.
22g. Record Filed:
A copy of the order in writing and the request for hearing, together with a
copy of the finding and decision of the Board, shall be filed as a public record
in the office of the Board.
22h. Rule Interpretation:
If a dispute arises over the interpretation of a Personnel Rule, an aggrieved
party shall file in writing a request for Rule interpretation by the Personnel
HUMAN RESOURCES Director. This request shall be filed within fifteen
calendar days of the date that the dispute arose. Within ten calendar days of
the receipt of the request, the Personnel HUMAN RESOURCES Director
shall respond to the aggrieved party. If the party is still dissatisfied with the
interpretation, he THEY may submit a request in writing for a review by the
Civil Service Board. This appeal shall be submitted within ten days of the
receipt of the Personnel HUMAN RESOURCES Director's reply.
The Civil Service Board may assign a hearing officer to investigate the
complaints and the hearing officer shall submit findings to the Board within
two weeks of the completion of the investigation. The decision of the Board
shall be final.
Page 67 of 67
RULE 23
AMENDMENTS TO RULES
23a. Proposal to Amend Rules:
Both the Civil Service Board and the City Manager are empowered to
propose amendments to the Personnel Rules. A notice containing the
proposed amendments, and the date and place at which a hearing on the
proposal will be held, shall be issued by the proposing body at least seven
days before the hearing. Copies of the proposed amendments shall be sent
to all City departments for posting, and shall be made available to interested
parties.
The proposing body may request written comments on the proposed
amendments from interested parties prior to the hearing date.
23b. Approval of Amendments:
After public hearing, the proposing body shall make such modifications that it
deems appropriate and if a Rule change is desired, shall refer the modified
amendments to the City Council for approval.
All Rules and amendments thereto shall become effective upon the date of
their approval by the City Council. Copies of approved Rules and
amendments shall be prepared forthwith by the Personnel HUMAN
RESOURCES Director for distribution.