Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.

Responsible Department
This item is submitted by the Mayor's Office.




Page 13
ATTACHMENT A




To: City Council Date: April 7, 2021
From: Mayor Kate Gallego

Subject: BOARDS AND COMMISSIONS – APPOINTEES

The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:

Environmental Quality and Sustainability Commission

I recommend the following for appointment:

Kathy Knoop
Ms. Knoop is an Energy Innovation Advisor at Arizona Public Service and a resident of
District 2. She fills a vacancy for a term to expire April 7, 2024.

I recommend the following for reappointment:

Kelly Barr
Ms. Barr is serving her second term to expire May 10, 2023.

Caroline Lobo
Ms. Lobo is serving her fifth term to expire August 31, 2023.

Library Advisory Board

I recommend the following for appointment:

Dominique Medina
Mr. Medina is a Creative Professional at YCM Marketing and a resident of District 8. He
fills a vacancy for a term to expire April 7, 2024.

I recommend the following for reappointment:

Kathleen Ingley




Page 14
Ms. Ingley is serving her second term to expire April 5, 2023.

Brenda Thomson
Ms. Thomson is serving her second term to expire April 5, 2023.

Phoenix Aviation Advisory Board

I recommend the following for appointment:

Chad Makovsky
Mr. Makovsky is the Director of the Aviation Department and will replace Interim
Director Charlene Reynolds in the ex-officio position.

Phoenix Business Workforce Development Board

I recommend the following for appointment:

Jon Ellerston
Mr. Ellerston is the Vocational Rehabilitation Regional Program Manager at the
Rehabilitation Services Administration in the Arizona Department of Economic Security.
He will represent the Vocational Rehabilitation category for a term to expire June 30,
2022.

Tourism and Hospitality Advisory Board

I recommend the following for appointment:

Angela Karp
Ms. Karp is the Co-Founder of Angelic Grove/The Croft Downtown and a resident of
District 6. She replaces Debbie Johnson and will represent the Hospitality Industry for a
term to expire September 30, 2022.

I recommend the following for reappointment:

John Chan
Mr. Chan will serve his fifth term to expire September 30, 2022.

Jerry Harper
Mr. Harper will serve his third term to expire September 30, 2022.

Youth and Education Commission

I recommend the following for appointment:




Page 15
Laurence De Respino
Mr. De Respino is the General Counsel and Chief Legal Officer at U-Haul and a
resident of District 6. He will represent businesses and serve a partial term to expire
August 31, 2021.




Page 16



Report

Liquor License - Coma Sushi & Izakaya Corporation

Request for a liquor license. Arizona State License Application 138318.

Summary

Applicant
Duy Nguyen, Agent

License Type
Series 12 - Restaurant

Location
17155 N. 51st Ave., Ste. 122 & 124
Zoning Classification: PSC
Council District: 1

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit. This location requires a
Use Permit to allow the sale of alcoholic beverages.

The 60-day limit for processing this application is April 10, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 17

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Angelina's Vietnamese Cuisine Pho & Grill (Series 12)
5350 W. Bell Road, Ste. 123-124, Glendale
Calls for police service: N/A - not in Phoenix
Liquor license violations: In April 2017, a fine of $375 was paid for delinquent taxes.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have been running many of the same business and never had any issues. Always
follow the law, Public Safety First.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Public Safety comes first.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Coma Sushi & Izakaya Corporation
Liquor License Map - Coma Sushi & Izakaya Corporation

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 18
Liquor License Data: COMA SUSHI & IZAKAYA
CORPORATION
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 1

Liquor Store 9 2 1

Beer and Wine Store 10 1 1

Restaurant 12 4 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 43.40 17.09 23.56

Violent Crimes 7.97 1.88 2.01

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 57 31

Total Violations 93 48




Page 19
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1042142 985 72 % 7% 11 %

1042251 1242 53 % 8% 9%

1042253 904 85 % 5% 11 %

6180001 2499 85 % 2% 12 %

6181001 1795 84 % 3% 7%

6181002 1569 92 % 0% 6%

Average 61 % 13 % 19 %




Page 20
Liquor License Map: COMA SUSHI & IZAKAYA CORPORATION
17155 N 51ST AVE




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Date: 3/15/2021
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Page 21



Report

Liquor License - Cook & Craft

Request for a liquor license. Arizona State License Application 137378.

Summary

Applicant
Kevin Kramber, Agent

License Type
Series 12 - Restaurant with Growler Privileges

Location
5310 E. High St., Unit 100
Zoning Classification: C-2 DRSP
Council District: 2

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is April 18, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 22

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Cook & Craft (Series 12)
7306 E. Shea Blvd., Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am currently an Agent on 180 + liquor licenses throughout the state. All partners
currently own & operate a series 12, restaurant, liquor license at their first location.
There have been no Title IV or DLLC compliance actions against their current liquor
license.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The location is in a very affluent part of Phoenix, and as such we would like to be able
to offer spirits to our customers as a way to enhance their dining experience.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Cook & Craft
Liquor License Map - Cook & Craft

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.



Page 23
Liquor License Data: COOK & CRAFT
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 9 7

Beer and Wine Bar 7 3 2

Liquor Store 9 3 3

Beer and Wine Store 10 4 2

Restaurant 12 26 21


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 26.85 19.53

Violent Crimes 7.67 1.67 1.27

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 59 0

Total Violations 98 0



Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6152001 1993 8% 29 % 12 %

6152002 2127 70 % 10 % 4%

Average 61 % 13 % 19 %




Page 24
Liquor License Map: COOK & CRAFT
5310 E HIGH ST




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Date: 2/19/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 25



Report

Liquor License - Humble Bistro

Request for a liquor license. Arizona State License Application 136466.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
5415 E. High St., Unit 127
Zoning Classification: C-2 DRSP
Council District: 2

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is April 17, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 26

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Humble Pie Pizza Wine & Spirits (Series 12)
3890 W. Happy Valley Road, Ste., 169, Phoenix
Calls for police service: 9
Liquor license violations: None

Humble Pie Pizza Wine & Spirits (Series 12)
6149 N. Scottsdale Road, Ste., A1, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
"Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Humble Bistro is a neighborhood restaurant featuring pizza, pasta, burgers,
sandwiches, salads, and soup in a family-friendly environment. Applicant would like to
continue to offer guests 21 and over the opportunity to order alcoholic beverages as an
incident to the meals they enjoy.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Humble Bistro
Liquor License Map - Humble Bistro



Page 27

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 28
Liquor License Data: HUMBLE BISTRO
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 9 7

Beer and Wine Bar 7 3 2

Liquor Store 9 3 3

Beer and Wine Store 10 4 2

Restaurant 12 27 22


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 27.91 19.53

Violent Crimes 7.67 1.80 1.27

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 59 0

Total Violations 98 0



Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6152001 1993 8% 29 % 12 %

6152002 2127 70 % 10 % 4%

Average 61 % 13 % 19 %




Page 29
Liquor License Map: HUMBLE BISTRO
5415 E HIGH ST




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Date: 2/19/2021
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Report

Liquor License - Saddlecreek Coffee Co.

Request for a liquor license. Arizona State License Application 137073.

Summary

Applicant
James Ebel, Agent

License Type
Series 12 - Restaurant

Location
28212 N. Tatum Blvd., Ste. D6
Zoning Classification: C-2
Council District: 2

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application was April 3, 2021. However, the
applicant has submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 31

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Craftsman (Series 12)
20469 N. Hayden Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Craftsman (Series 18)
20469 N. Hayden Road, Scottsdale
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have owned & managed restaurants for over 15 years. I currently hold the liquor
license for the Craftsman restaurant in Scottsdale & before that Two Brothers
Taphouse & Brewery in Scottsdale.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Many of our regular customers have requested us to serve alcoholic beverages.
There are very limited options in the local area for happy hour opportunities. Want to
offer customers opportunity to enjoy an alcoholic beverage with lunch or late
afternoon.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Saddlecreek Coffee Co.
Liquor License Map - Saddlecreek Coffee Co.


Page 32


Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 33
Liquor License Data: SADDLECREEK COFFEE CO.
Liquor License

Description Series 1 Mile 1/2 Mile

Liquor Store 9 1 1

Beer and Wine Store 10 1 1

Restaurant 12 4 4


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 4.64 9.76

Violent Crimes 7.67 0.42 0.21
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 60 0

Total Violations 100 0



Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6128001 2069 83 % 21 % 1%

6129001 834 80 % 0% 2%

6129002 1521 93 % 18 % 1%

6133001 1688 91 % 7% 2%

6133003 1120 84 % 17 % 15 %

Average 61 % 13 % 19 %




Page 34
Liquor License Map: SADDLECREEK COFFEE CO.
28212 N TATUM BLVD




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Date: 2/5/2021
0 0.2 0.4 0.8 1.2 1.6
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Page 35



Report

Liquor License - Special Event - St. Mary's Roman Catholic High School Phoenix

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Patricia Hollerbach

Location
2525 N. 3rd St.
Council District: 4

Function
Community Event

Date(s) - Time(s) / Expected Attendance
April, 17, 2021 - 3:00 p.m. to 9:00 p.m. / 180 attendees

Staff Recommendation
Staff recommends approval of this application noting that approval of this application is
based on criteria set forth in Title IV of the Arizona Revised Statutes and noting that
the applicant has agreed to adhere to the implementation and enforcement of safety
precautions consistent with the guidance issued by both the Centers for Disease
Control and Prevention and the Arizona Department of Health Services.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 36



Report

Liquor License - Express Beer and Tacos

Request for a liquor license. Arizona State License Application 138840.

Summary

Applicant
Juanita Esparza, Agent

License Type
Series 10 - Beer and Wine Store

Location
7730 W. Indian School Road
Zoning Classification: C-2
Council District: 5

This request is for a new liquor license for a beer and wine store. This location was
previously licensed for liquor sales and does not have an interim permit. This location
requires a Use Permit to allow package liquor sales.

The 60-day limit for processing this application is April 18, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 37

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“The owner of Express Beer and Tacos is committed to upholding the highest
standards for it's business practices & employees. Mr. Lazar has been trained along
with all employees in the techniques of legal & responsibility and has taken the Title 4
Liquor Law Training course. As owner of the business he will oversee all employees &
will provide a safe experience for the staff and the public at all times.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Mr. Lazar wishes to provide off-sale privileges of beer and wine to the general public.
Express Beer and Tacos will responsibly adhere to all state and federal tax laws &
maintain a strict adherence to the security requirements of the city and state agencies.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Express Beer and Tacos
Liquor License Map - Express Beer and Tacos

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 38
Liquor License Data: EXPRESS BEER AND TACOS
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 0

Liquor Store 9 3 1

Beer and Wine Store 10 8 2

Restaurant 12 2 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 113.53 111.67

Violent Crimes 7.67 26.59 26.22

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 58 374

Total Violations 96 618




Page 39
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1096012 1021 34 % 18 % 34 %

1096013 2174 69 % 19 % 21 %

1096021 1392 71 % 14 % 35 %

1096023 1946 79 % 0% 22 %

1096031 852 79 % 11 % 3%

1096032 1211 75 % 15 % 23 %

1096034 1269 66 % 0% 17 %

1097021 1552 88 % 22 % 35 %

1097032 1653 33 % 12 % 31 %

1097041 1602 68 % 5% 35 %

1097042 784 71 % 19 % 15 %

Average 61 % 13 % 19 %




Page 40
Liquor License Map: EXPRESS BEER AND TACOS
7730 W INDIAN SCHOOL RD




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Date: 2/22/2021
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Page 41



Report

Liquor License - Arcadia Grill & Tavern

Request for a liquor license. Arizona State License Application 1207B248.

Summary

Applicant
Korey Boals, Agent

License Type
Series 12 - Restaurant

Location
4801 E. Indian School Road, Ste. 1
Zoning Classification: C-2
Council District: 6

This request is for an acquisition of control of an existing liquor license for a restaurant.
This location is currently licensed for liquor sales with a Series 12 - Restaurant, liquor
license.

The 60-day limit for processing this application is April 23, 2021.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,


Page 42

grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Establishment has always been in existence - agent change only.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 43



Report

Liquor License - Dodey's Bar

Request for a liquor license. Arizona State License Application 06070201.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 6 - Bar

Location
7051 N. 7th St.
Zoning Classification: C-2
Council District: 6

This request is for an acquisition of control of an existing liquor license for a bar. This
location is currently licensed for liquor sales with a Series 6 - Bar, liquor license.

The 60-day limit for processing this application is April 19, 2021.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

Page 44

I have the capability, reliability and qualifications to hold a liquor license because: “I
was managing this bar for several years and am now the owner. I will continue to
abide by Title 4 liquor laws.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 45



Report

Liquor License - Sonesta Select Phoenix Camelback

Request for a liquor license. Arizona State License Application 135920.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 11 - Hotel

Location
2101 E. Camelback Road
Zoning Classification: C-2 CEPCSP
Council District: 6

This request is for a new liquor license for a hotel. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is April 18, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 46

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Sonesta Es Suites Flagstaff (Series 7)
1400 N. Country Club Road, Flagstaff
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Sonesta Suites Scottsdale (Series 6)
7300 E. Gainey Suites Dr., Scottsdale
Calls for police Service: N/A - not in Phoenix
Liquor License Violations: None

Sonesta Es Suites Tucson (Series 7)
6477 E. Speedway Blvd., Tucson
Calls for police service: N/A not in Phoenix
Liquor License Violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Applicant will manage the Sonesta Select Phoenix Camelback Hotel (formerly
Courtyard) in the heart of the Camelback business corridor. Applicant would like to
continue to offer alcoholic beverages to guests 21 and over."

Staff Recommendation
Staff recommends approval of this application.



Page 47

Attachments
Liquor License Data - Sonesta Select Phoenix Camelback
Liquor License Map - Sonesta Select Phoenix Camelback

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 48
Liquor License Data: SONESTA SELECT PHOENIX
CAMELBACK
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Wholesaler 4 2 0

Bar 6 6 0

Beer and Wine Bar 7 5 2

Liquor Store 9 5 2

Beer and Wine Store 10 8 4

Hotel 11 4 3

Restaurant 12 37 18


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 118.84 183.43

Violent Crimes 7.67 12.28 11.88

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 59 30

Total Violations 98 37




Page 49
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1077002 738 57 % 10 % 8%

1077003 457 26 % 26 % 16 %

1077005 736 14 % 6% 4%

1078002 1477 63 % 28 % 5%

1084004 1641 65 % 7% 19 %

1085011 1023 33 % 6% 13 %

1085012 1416 74 % 21 % 4%

1085022 732 23 % 28 % 12 %

1085023 1475 42 % 20 % 7%

1085024 549 43 % 31 % 15 %

Average 61 % 13 % 19 %




Page 50
Liquor License Map: SONESTA SELECT PHOENIX CAMELBACK
2101 E CAMELBACK RD




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Date: 2/19/2021
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City Clerk Department
Page 51



Report

Liquor License - Club Envy

Request for a liquor license. Arizona State License Application 137115.

Summary

Applicant
Bradley Chavez, Agent

License Type
Series 6 - Bar

Location
136 E. Washington St.
Zoning Classification: DTC - Business Core
Council District: 7

This request is for a new liquor license for a bar. This location was previously licensed
for liquor sales and does not have an interim permit.

The 60-day limit for processing this application was April 3, 2021. However, the
applicant submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 52

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I respect and clearly know of the responsibility that I must upkeep to protect our guest
and the public. I hold an active Real Estate License in the state of Arizona and know
what it takes to upkeep code of ethics and principles. I'm grateful for the opportunity
and know that a "Liquor License" is a privilege that can be revoked, just like any other
license. I will continue to strive on enforcing all laws when handling liquor to guarantee
our business is keeping the community safe while obeying all laws. I am fully
committed and capable.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Downtown Phoenix is driven by nightlife and entertainment. Being centered so close
to the Phoenix Suns Arena brings hundreds of thousands of fans that after every event
strole the streets of Jefferson & Washington searching for great and welcoming vibe
entertainment. This serves the best interest for our community because it drives more
revenue for the city in TPT/revenue sales in which we can use to continue to improve
our city, educational systems and community to help the valley continue to grow in
innovation.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Club Envy
Liquor License Map - Club Envy

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 53
Liquor License Data: CLUB ENVY
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 2 1

Wholesaler 4 1 0

Government 5 8 5

Bar 6 40 25

Beer and Wine Bar 7 13 6

Liquor Store 9 3 2

Beer and Wine Store 10 10 2

Hotel 11 7 5

Restaurant 12 78 37

Club 14 3 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 43.40 143.25 191.18

Violent Crimes 7.97 41.64 46.49
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 57 21

Total Violations 93 31




Page 54
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1132022 1257 47 % 29 % 55 %

1140001 1831 25 % 20 % 47 %

1140002 78 77 % 0% 32 %

1141001 2299 16 % 37 % 44 %

1142001 1321 36 % 22 % 50 %

Average 61 % 13 % 19 %




Page 55
Liquor License Map: CLUB ENVY
136 E WASHINGTON ST




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Date: 2/5/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 56



Report

Liquor License - Pizzeria Del Sol

Request for a liquor license. Arizona State License Application 138980.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
3010 S. 99th Ave., Ste. 102
Zoning Classification: C-2 PCD
Council District: 7

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
is currently under construction with plans to open in May 2021.

The 60-day limit for processing this application is April 19, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 57

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We train all of our employees in responsible liquor service. We also conduct regular
audits to ensure they comply.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like the ability to offer our patrons of legal age an adult beverage with their
meal if they choose to have one.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Pizzeria Del Sol
Liquor License Map - Pizzeria Del Sol

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 58
Page 59
Page 60



Report

Liquor License - Legacy Golf Resort

Request for a liquor license. Arizona State License Application 06070498.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 6 - Bar

Location
6808 S. 32nd St.
Zoning Classification: RH BAOD
Council District: 8

This request is for an ownership transfer of a liquor license for a golf course. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is April 13, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.

Page 61

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“We will train all of our employees in responsible liquor service.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This golf course has been in operation for many years. We would like to continue to
offer alcohol if our guests choose to have an adult beverage.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Legacy Golf Resort
Liquor License Map - Legacy Golf Resort

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 62
Liquor License Data: LEGACY GOLF RESORT
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 1

Liquor Store 9 2 0

Beer and Wine Store 10 4 0

Restaurant 12 11 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 60.69 16.24

Violent Crimes 7.67 7.88 1.69

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 58 4

Total Violations 96 7


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1162033 1381 79 % 23 % 5%

1163001 2349 79 % 10 % 54 %

1163003 2181 70 % 10 % 18 %

1167042 2012 71 % 13 % 9%

Average 61 % 13 % 19 %




Page 63
Liquor License Map: LEGACY GOLF RESORT
6808 S 32ND ST




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Date: 2/22/2021
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City Clerk Department
Page 64



Report

Liquor License - Los Cuatro Nietos

Request for a liquor license. Arizona State License Application 138479.

Summary

Applicant
Juanita Esparza, Agent

License Type
Series 12 - Restaurant

Location
705 E. Mohave St.
Zoning Classification: C-3 AIO
Council District: 8

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is April 12, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 65

on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

El Camaron Gigante (Series 12)
8343 W. Van Buren St., Ste. A-1, Tolleson
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“The owner's of Los Cuatros Nietos is committed to upholding the highest standards
for it's business practices & employees. They have been trained in all techniques of
legal & responsibility & have taken the title 4 liquor law training course and will operate
the business on a day to day basis. As owners of the business they will oversee all
employees & will provide a safe experience for all staff & patron.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The owner's of Los Cuatros Nietos wishes to provide dining with alcohol beverages at
the request of the patron. In addition Los Cuatro Nietos will responsibly adhere to all
state and federal tax laws and maintain a strict adherence to the security requirements
of the city and state.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Los Cuatro Nietos
Liquor License Map - Los Cuatro Nietos




Page 66

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 67
Liquor License Data: LOS CUATRO NIETOS
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 2 0

Government 5 1 0

Bar 6 5 0

Beer and Wine Bar 7 2 1

Liquor Store 9 2 2

Beer and Wine Store 10 7 0

Restaurant 12 8 2

Club 14 1 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.53 2.60 3.18

Violent Crimes 7.71 0.61 1.69

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 59 94

Total Violations 98 164




Page 68
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1140002 78 77 % 0% 32 %

1142001 1321 36 % 22 % 50 %

1149001 798 28 % 13 % 57 %

1172001 823 25 % 17 % 70 %

1172002 851 25 % 28 % 20 %

Average 61 % 13 % 19 %




Page 69
Liquor License Map: LOS CUATRO NIETOS
705 E MOHAVE ST




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Date: 2/17/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 70



Report

Liquor License - Urban Bricks Pizza

Request for a liquor license. Arizona State License Application 137449.

Summary

Applicant
Rohit Patel, Agent

License Type
Series 12 - Restaurant

Location
4750 S. 48th St., Ste. 107
Zoning Classification: C-2
Council District: 8

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is April 20, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.


Page 71


Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am successful business man for last 15+ years in restaurant business. I am recently
purchase pizza store which sells beer to its customers. To continue to sell beer, I am
required to have a liquor license.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Selling beer at pizza store is truly satisfy customer convenience. It is solely depends
on customer choice.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Urban Bricks Pizza
Liquor License Map - Urban Bricks Pizza

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 72
Liquor License Data: URBAN BRICKS PIZZA
Liquor License

Description Series 1 Mile 1/2 Mile

Beer and Wine Bar 7 3 3

Liquor Store 9 3 0

Beer and Wine Store 10 3 2

Restaurant 12 3 3


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 24.01 35.66

Violent Crimes 7.67 5.65 10.61

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 58 31

Total Violations 96 43


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1152001 1118 13 % 16 % 58 %

1152003 546 8% 44 % 45 %

1162041 1426 79 % 6% 24 %

1162042 1819 57 % 0% 32 %

1162043 535 59 % 24 % 8%

3197041 1777 42 % 9% 20 %

Average 61 % 13 % 19 %




Page 73
Liquor License Map: URBAN BRICKS PIZZA
4750 S 48TH ST




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Date: 2/22/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
Page 74



Report

Liquor License - Speedy Stop Liquors

Request for a liquor license. Arizona State License Application 09070499.

Summary

Applicant
Minesh Patel, Agent

License Type
Series 9 - Liquor Store

Location
5033 S. 16th St.
Zoning Classification: PSC
Council District: 8

This request is for an ownership transfer of a liquor license for a liquor store. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is April 19, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 75

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Herbal Nail & Spa In Laveen (Series 7)
5185 W. Baseline Road, Phoenix
Calls for police service: 12
Liquor license violations: None

Ray Mini Mart (Series 10)
797 E. Ray Road, Gilbert
Calls for police service: N/A - not in Phoenix
Liquor license violations: None

Public Opinion
No protest or support letters were received within the 20-day public comment period.

Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I have run a liquor store in the City of Chandler before and I currently have a gas
station with a beer and wine license. I have many years experience in the industry. I
have also taken appropriate training classes regarding liquor.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This business has been serving the local community for many years. We provide the
essentials the community is looking for within walking distance and help the
community by providing the household needs they need at prices they can afford. It is
a local favorite and many repeat customers numerous times during the day."

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Speedy Stop Liquors
Liquor License Map - Speedy Stop Liquors


Page 76


Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 77
Liquor License Data: SPEEDY STOP LIQUORS
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 4 0

Beer and Wine Bar 7 2 0

Liquor Store 9 5 3

Beer and Wine Store 10 2 1

Restaurant 12 1 0

Club 14 1 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 42.36 83.75 74.62

Violent Crimes 7.67 18.20 19.85

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 58 87

Total Violations 96 137




Page 78
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1153001 1600 47 % 16 % 46 %

1153002 804 36 % 0% 33 %

1159001 1461 63 % 20 % 45 %

1159002 2720 55 % 22 % 30 %

1160002 2674 85 % 19 % 9%

1160003 1802 54 % 17 % 38 %

Average 61 % 13 % 19 %




Page 79
Liquor License Map: SPEEDY STOP LIQUORS
5033 S 16TH ST




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Date: 2/22/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 80



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Padre Murphy's

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
4338 W. Bell Road
Zoning Classification: PSC
Council District: 1

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 81



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Arena Sports Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
6245 E. Bell Road, Ste. 101-104
Zoning Classification: C-1
Council District: 2

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 82



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Azool Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
3134 W. Carefree Hwy., Ste. 3
Zoning Classification: C-2 PCD
Council District: 2

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 83



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Casey Jones Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
2848 E. Bell Road, Ste. 111 & 112
Zoning Classification: C-2
Council District: 2

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 84



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Longshots Bar & Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
13610 N. Scottsdale Road, Ste. 30-31
Zoning Classification: C-2
Council District: 2

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 85



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - The Burg Sports Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
751 E. Union Hills Dr., Ste. 3-6
Zoning Classification: PSC
Council District: 2

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 86



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Big Daddy's Sports Lounge

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
10618 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 87



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Roman's County Line

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
10540 W. Indian School Road
Zoning Classification: C-2
Council District: 5

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 88



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Armadillo Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
1904 E. Camelback Road
Zoning Classification: C-1 CEPCSP
Council District: 6

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 89



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Bleacher's Sports Grill

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
15410 S. Mountain Pkwy., Ste. 109
Zoning Classification: C-2 PCD
Council District: 6

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 90



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Gallagher's

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
7575 N. 16th St., Ste. 1
Zoning Classification: PSC PCD
Council District: 6

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 91



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Mr. Haney's

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
5110 E. McDowell Road
Zoning Classification: C-2
Council District: 6

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 92



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - American Legion #1

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
364 N. 7th Ave.
Zoning Classification: C-3 CMOD ACOD
Council District: 7

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 93



Report

Off-Track Pari-Mutuel Wagering Permit Renewal - Gallagher's Food and Fun

Request for renewal of an Off-track Pari-mutuel Wagering Permit for a location
previously approved by the City Council for this purpose.

Summary

Applicant
David Johnson, Agent for Turf Paradise

Location
3220 E. Baseline Road
Zoning Classification: C-1 BAOD
Council District: 8

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 94




PAYMENT ORDINANCE (Ordinance S-47417) (Items 31-38)
Ordinance S-47417 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code section 42-13.

31 JLL Pioneer, Inc doing business as Pioneer Landscape
Centers
For $20,000.00 in payment authority to purchase 1/2-inch screened
palomino gold road base for the Parks and Recreation Department. The
road base consists of gravel, which will be spread over the Tovrea
Castle's roadways and pathways to significantly reduce the creation of
dust by tour and maintenance vehicles. All vehicles visiting Tovrea Castle
park on dust-free surfaces due to the Phoenix City Code 36-145. Adding
the gravel onto the dirt roadways will increase parking spaces and help
prevent City Code violations that could occur during castle operations.
The Parks and Recreation Department has reviewed various material
samples and has determined that 1/2-inch screened palomino gold road
base will be aesthetically the best fit for the Tovrea Castle. The
Environmental Programs Office has provided $20,000.00 to purchase the
gravel.

32 SAMS Technical Publishing, LLC.
For $49,470.00 in payment authority for a new contract, entered on or
about April 15, 2021 for a term of five years for SAMS Photofact Online
database for the Library Department. SAMS Technical Publishing will
provide access to SAMS Photofact Online database/eLibrary to
customers and staff. The database will be available from the Phoenix


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Public Library website once customers sign in using their valid library
card. The eLibrary will meet residents' educational and entertainment
needs as well as continue to serve as a primary, high-circulating
collection, and will be available 24/7. SAMS manuals contain a complete
set of schematics with voltages, wave forms, component location guides,
parts list, and service adjustments covering TVs, VCRs, DVDs, radios,
and audio equipment (Micro-HiFi System). The database is searchable,
and searches are completed by entering the model number from the
device being serviced. Partial model numbers can be researched, and the
database will bring back results regarding the availability of manuals in the
database.

33 Aviation Specialties Unlimited, Inc.
For $65,000.00 in payment authority for a new contract entered on or
about May 3, 2021, for a term of five years for Night Vision Goggles
(NVG) and related services for the Phoenix Fire Department. NVG is
specifically designed for fire rescue units to safely and effectively perform
night-time, low-light, and no-light rescue operations, both inside and
outside Phoenix city limits. Aviation Specialties Unlimited is the sole
authorized distributor for L-3 and Harris products and the factory
authorized service provider for testing, certification, and repair of the
equipment. The NVG for the Fire Department hoist operators must be
identical to what is used by the Phoenix Police Department pilots to
ensure interoperability during flight rescue operations. The consistency is
critical because the NVG is calibrated and serviced in compliance with the
Federal Aviation Administration requirements.

34 Settlement of Claim(s) Womble v. City of Phoenix
To make payment of up to $30,860.95 in settlement of claim(s) in
Womble v. City of Phoenix, 19-0669-001, AU, BI, for the Finance
Department pursuant to Phoenix City Code chapter 42. This is a
settlement of a bodily injury claim against the Parks and Recreation
Department arising from a motor vehicle accident on Aug. 23, 2019.

35 Settlement of Claim(s) Gonzales v. City of Phoenix
To make payment of up to $70,000.00 in settlement of claim(s) in
Gonzales v. City of Phoenix, 18-1258-002, AU, BI, for the Finance
Department pursuant to Phoenix City Code chapter 42. This is a


Page 96

settlement of a bodily injury claim against the Police Department arising
from a motor vehicle accident on March 6, 2019.

36 OnSolve, LLC
For $11,400.00 in payment authority to purchase One Call Now services,
a web-based service that will allow departmental staff to communicate
residential, participant and COVID-19 information electronically with the
Public Housing and Section 8 residents via email, telephone, or text within
minutes for the Housing Department. The expenditure is necessary to
ensure residents have the latest information regarding COVID-19 and
other relevant information through a safe and timely communication
medium as information becomes available, and when changes are made.
This is paid for with Federal funds and there is no impact to the General
Fund.

37 Multiforce Corporation
For $75,000.00 in additional payment authority for Contract 136054 for
fuel site computer maintenance for the Public Works Department. The
contract is utilized to provide hardware and software support to the City's
Fuel Management Systems at 86 fuel site locations. These systems are
used to track fuel, energy usage, monitor fuel inventories and equipment
odometers. The systems track data from 110 City-owned kiosks at the
fuel site locations and are required to maintain employee access to fuel
City-owned vehicles and equipment.

38 National Association of City Transportation Officials,
Inc.
For $25,000.00 in payment authority for a one-year 2021 membership in
the National Association of City Transportation Officials (NACTO) for the
Street Transportation and Public Transit departments. The NACTO
Membership is vital to service, delivery, and the operation of the Street
Transportation Department. The Street Transportation Department will pay
$20,000.00 (80 percent) of the total fee, and the Public Transit
Department will pay $5,000.00 (20 percent). The item was approved by
the Transportation, Infrastructure and Innovation Subcommittee on March
3, 2021.




Page 97



Report

Public Comment on Proposed MOU Between City of Phoenix and LIUNA, Local
777 (Unit 1)

Request for City Council to receive public comment on the terms of the proposed
Memorandum of Understanding (MOU) with the Laborers’ International Union of North
America (LIUNA), Local 777 (Unit 1).

Section 2-218 (G) of the Meet and Confer section in the City Code provides that a
proposed MOU be filed with the City Clerk following its ratification by the employee
organization and, "At the earliest practicable date thereafter the City Council of the City
of Phoenix shall provide on its agenda an opportunity for public comment on the terms
of the Memorandum of Understanding prior to the Council acting thereon."

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.




Page 98



Report

Approving the Memorandum of Understanding Between City of Phoenix and
LIUNA, Local 777 (Unit 1) (Resolution 21913)

The City of Phoenix has met and conferred with Laborers' International Union of North
America (LIUNA), Local 777 (Unit 1) in accordance with the terms of Section 2-218 of
the City Code, and a Memorandum of Understanding (MOU) has been approved by
the organization's membership. A copy of the proposed MOU has been filed with the
City Clerk and an opportunity for public comment has been requested as an agenda
item preceding this resolution.

The following is a summary of the most significant agreements outlined in the
proposed MOU:

TRANSPARENCY
Based on public dialogue about the need for greater transparency and accountability
for city employees, several sections of the contract are modified. These modifications
are proposed consistently through all City of Phoenix employee contracts. Signing
these modifications is tied to an additional compensation increase as described in the
COMPENSATION section. These transparency and accountability modifications are
as follows:

Investigation language:
Add guidelines for conducting employee investigations.

Discipline to remain for employee’s career:
Change current language that allows discipline to be considered up to 5 years for
progressive discipline, transfers, and promotions. Under this agreement, 10
categories of discipline will last for the life of employment. These are shown in the
attached agreement.

Representation on Grievance Committees:
Update current language that rotates other labor groups on grievance committees to
ensure an impartial review.




Page 99

Purging Files:
Place the process into a single chart that makes it clear that discipline remains in the
City’s human resources files and that there is no “purging” of employee records.

COMPENSATION
LIUNA is proposed to receive the same percentage increases of total compensation as
the other labor groups as follows:

Year 1:
Ongoing 1.5% of total compensation
Non-continuous 2.5% of total compensation

Additional compensation for agreeing to the City’s transparency and accountability
proposals:
Ongoing 0.5% of total compensation
Non-continuous 0.5% of total compensation

Year 2:
Ongoing 1.5% of total compensation
Non-continuous 2.5% of total compensation

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.




Page 100
MEMORANDUM OF UNDERSTANDING

2021 – 2023

BETWEEN

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA,

LOCAL 777, AFL-CIO

AND

CITY OF PHOENIX

REPRESENTING FIELD UNIT I EMPLOYEES





Page 101
TABLE OF CONTENTS

ARTICLE 1: RIGHTS ................................................................................................................................ 5

Section 1-1. Purpose ........................................................................................................................... 5

Section 1-1A. Recognition ................................................................................................................. 5

Section 1-2. City and Department Rights ...................................................................................... 6

Section 1-3: Union Rights .................................................................................................................. 6

Section 1-4. Rights of Unit Employees......................................................................................... 14

Section 1-5. Prohibition of Strikes and Lockouts...................................................................... 21

Section 1-6. New Positions / Classifications .............................................................................. 21

ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT ....................................... 22

Section 2-1. Grievance Procedure ................................................................................................. 22

Section 2-2. Labor-Management Committee .............................................................................. 27

Section 2-3. Bargaining Unit Work ................................................................................................ 28

Section 2-4. Health and Safety Committee .................................................................................. 28

Section 2-5. Public Outreach & Public/Employee Safety Cross Training ........................... 29

Section 2-6. Laborers’ Apprenticeship Projects ........................................................................ 30

ARTICLE 3: COMPENSATION / WAGES .......................................................................................... 31

Section 3-1. Wages ............................................................................................................................ 31

Section 3-1A. Productivity Enhancement Pay............................................................................ 33

Section 3-2. Overtime ........................................................................................................................ 34

Section 3-2A. Call-Out Pay .............................................................................................................. 36

Section 3-3. Out-Of-Class Pay ........................................................................................................ 36

Section 3-4. Pesticide Applicator Differential ............................................................................. 38

Section 3-5. Shift Differential Pay .................................................................................................. 38

Section 3-5A. Weekend Shift Differential Pay ............................................................................ 38

Section 3-6. Stand-By Pay ............................................................................................................... 39



Page 102
Section 3-7. Show-Up Time ............................................................................................................. 39

Section 3-8. Jury Duty Pay .............................................................................................................. 39

Section 3-9. Deferred Compensation Program .......................................................................... 40

Section 3-10. Sick Leave Conversion at Retirement................................................................. 40

ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS ......................................................... 41

Section 4-1. Hours of Work.............................................................................................................. 41

Section 4-2. Rest and Lunch Periods ........................................................................................... 43

Section 4-3. Clean-Up Time ............................................................................................................. 43

Section 4-4. Seniority ........................................................................................................................ 44

Section 4-5. Transfer Program........................................................................................................ 44

Section 4-6. CDL Renewal ............................................................................................................... 44

ARTICLE 5: BENEFITS.......................................................................................................................... 44

Section 5-1: Employee Assistance ................................................................................................ 45

Section 5-2: Health and Dental Insurance ................................................................................... 45

Section 5-3: Life Insurance .............................................................................................................. 46

Section 5-4. Long Term Disability Insurance.............................................................................. 46

Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations ........................ 47

Section 5-6. Tuition Reimbursement ............................................................................................ 50

ARTICLE 6: MISCELLANEOUS ........................................................................................................... 50

Section 6-1. Saving Clause .............................................................................................................. 50

Section 6-2. Copies of MOU ............................................................................................................ 51

Section 6-3. Aid to Construction of Provisions of MOU .......................................................... 51

Section 6-4. Part-Time Employees ................................................................................................ 51

Section 6-5. Term and Effect of MOU............................................................................................ 52





Page 103
PREAMBLE
Whereas the well-being and morale of employees of the City are benefited by providing
employees an opportunity to participate in the formulation of policies and practices
affecting the wages, hours and working conditions of their employment; and

Whereas the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter “Memorandum”) are not intended to abrogate the authority
and responsibility of City government provided for under the statutes of the State of
Arizona or the charter or ordinances of the City except as expressly and lawfully modified
herein; and

Whereas the parties agree that the Phoenix Employment Relations Board (PERB) unit
certification reflects that there exists a clear and identifiable community of interest among
employees covered by this Memorandum; and

Whereas the parties, through their designated representatives, met and conferred in good
faith pursuant to the Meet and Confer Ordinance in order to reach agreement concerning
wages, hours, and working conditions of employees in Field Unit I; and

Whereas it is understood by the parties that any hours or fractions of hours spent outside
the employee's work shift in pursuit of rights and benefits provided by this Memorandum,
shall not be counted as hours or time worked for the purpose of calculating and paying
overtime;

Now therefore, the City of Phoenix, hereinafter referred to as the "City" and Laborers’
International Union of North America, Local 777, AFL-CIO, hereinafter referred to as the
"Union", having reached this complete agreement concerning wages, hours and working
conditions for the term specified, the parties submit this Memorandum to the City Council
of the City of Phoenix with their joint recommendation that the body resolve to adopt its
terms.





Page 104
ARTICLE 1: RIGHTS

Section 1-1. Purpose

It is the purpose of this Memorandum of Understanding (hereinafter "MOU") to continue
and maintain harmonious relations, cooperation and understanding between the City and
its employees; and to set forth the full and entire understanding of the parties reached as
a result of good faith meeting and conferring regarding wages, hours, terms and
conditions of employment of the employees covered hereby, which understanding the
parties intend jointly to submit and recommend for approval and implementation to the
Mayor and City Council.



Section 1-1A. Recognition

The City of Phoenix recognizes Laborers’ International Union of North America, Local
777, AFL-CIO, (hereinafter "Union") as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance for all regular employees in positions as
certified or hereafter certified by the Phoenix Employment Relations Board (PERB) as
constituting Field Unit I. This includes the following positions in Unit I:

All regular full-time and part-time field employees employed by the following City of
Phoenix Departments: (1) City Clerk – Mail Room, (2) Human Services – Laborers, (3)
Parks & Recreation – Division Operations, Sports and Turf Management, Specialized
Maintenance, and Aquatics Division, (4) Public Transit – Minibus Operators, (5) Public
Works – Solid Waste Collections and Disposal Divisions, Landfill Operations and Transfer
Stations, and (6) Street Transportation – Street Maintenance Division, Sign
Manufacturing, Street Marking and Parking Meter Sections.

Whenever any words used herein in the masculine, feminine or neuter, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.

The City will notify the Union, in writing, 30 calendar days in advance before any new
position or classification is placed permanently within Unit 1. The parties agree to consult
on the inclusion or exclusion of new classification(s) in Unit I and will thereafter refer any
such matter to PERB for appropriate action.

If any conflict exists between the language in the Administrative Regulations or
employment/department rule and the language of this MOU, the MOU shall prevail.



Page 105
Section 1-2. City and Department Rights

A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate, administer and manage its municipal
services and work force performing those services in all respects except as expressly
modified by this MOU.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this MOU, and such decision making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.

C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations, consistent with law and the specific provisions of
this MOU to direct its employees, to take disciplinary action for just cause, to relieve
its employees from duty because of lack of work or for other legitimate reasons, to
determine the methods, means and personnel by which the City's services are to be
provided, including the right to schedule and assign work and overtime, and to
otherwise act in the interest of efficient service to the community. Nothing herein shall
be construed to diminish the rights of the City under the Meet and Confer Ordinance.



Section 1-3: Union Rights

A. No employee shall suffer reprisal for the exercise of rights granted by this MOU.

B. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and LIUNA Local 777 have negotiated
full-time release positions, and release hours, as an efficient and readily available
point of contact for addressing labor-management concerns. Examples of work
performed by the release positions in support of the City include ensuring
representation for unit employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in


Page 106
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees;
facilitating effective communication between City and Department management and
unit employees; assisting unit employees in understanding and following work rules;
and administering the provisions of the Memorandum of Understanding. The cost to
the City for these release positions, including all benefits, has been charged as part
of the total compensation contained in this agreement in lieu of wages and benefits.

1. Full-Time Release Positions

Three (3) persons designated as official full-time release Union representative for
the unit shall be allowed up to 2,080 work hours for each representative per MOU
year to engage in lawful Union activities pursuant to and consistent with this MOU.
The full-time release positions agree to be bound by all City rules and regulations.
Time used for this purpose in excess of 2,080 hours for each representative shall
be at the expense of the Union and the Union shall reimburse the City at the
employee's hourly rate of pay. The City will pay the employee's full-time fringe
benefits.

The Union shall notify Labor Relations and the appropriate Human Resources
Liaison 5 working days in advance when requesting release time for the above
official designated Union representatives.

The Union will submit quarterly reports to the Labor Relations Division
documenting the regular work schedules of the release positions and any leave
used during the quarter.

Upon return from full-time release, the official Union representative shall be
reinstated to their original location/yard and schedule. If the previous location is
no longer available, then the employee will have their choice of location/yard and
schedule based on availability and operational need as determined by the
department. Once at the location/yard the employee will, if applicable, receive an
available assignment of route, truck and partner. They will then have an
opportunity to participate in the next future transfer process in accordance with the
department’s transfer policy. In addition, any approved leave time the employee
had scheduled prior to their return to their department shall be honored by the
department.

The City will provide 3 parking cards to the Union.

2. Union Stewards





Page 107
The Union may designate 45 Union members as stewards and shall notify the
Labor Relations Administrator of such designations. There shall be no obligation
on the City to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designations. Such designations shall be made from
amongst Union members regularly working at the job sites within the proximate
geographic area where they are intended to provide representation. The Union
shall endeavor to be equitable in the distribution of its stewards.

a) One such representative from the Grievant’s home department may, after the
Grievant and the supervisor were unable to resolve the matter informally
(Article 2, Section 2-1-A), when the Union is designated by a Grievant as his
representative, attend mutually scheduled grievance meetings and hearings
with department representatives without loss of pay or benefits. Paid release
time used for any other purpose, such as gathering information, interviewing
the grievant or witnesses, or preparing a presentation shall be charged against
the bank of Union release hours (Section 1-3 D).

b) City employees who are on duty and are, either witnesses, charging parties,
appellants or grievants and the shop steward representing any such employee
from the employee’s home department, may attend grievance, Civil Service,
Phoenix Employment Relations Board (P.E.R.B.) and department Accident
Review Board meetings on City time provided 1) it is for their particular case
which is either scheduled or on the public meeting agenda for that date and
time and 2) Once a witness testimony has been concluded, or if a grievant,
charging party or appellant once that agenda item has been completed or the
grievance meeting concluded, unless they have made other arrangements in
advance with their immediate supervisors approval, they will promptly return to
work. Management reserves the right to restrict the number of witnesses who
can be off of the job at any one time but will cooperate in rotating witnesses
from the workplace so as to minimize the impact to operations and service to
the public. For group grievances the group will be allowed to select no more
than two non-witness grievant representatives to attend the proceeding. These
do not have to be the same group grievant representative for each step or
meeting of the entire proceeding. As a matter of courtesy, employees will give
management as much notice as possible.

c) Union designated representatives shall be admitted to the buildings and
grounds of the City for the purpose of assisting in the adjustment of grievances
and other official Union business, so long as such will not, in any manner,
interfere with any work operation or the safety and security of any work site.
Such representative will check in with the supervisor involved and will be



Page 108
required to conform with the operational and safety regulations and
procedures as directed by the supervisor.

3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and 4
working days advance request in each instance, a unit total of 4,287.25 hours
paid release time in a bank of release hours per M.O.U. year. Requests for
release time shall be submitted to the Labor Relations Administrator and approval
of release time hereunder shall not be arbitrarily withheld. The cost to the City for
these release hours, including fringe, has been charged as part of the total
compensation contained in this agreement in lieu of wages and benefits.
Examples of how these hours are used by the Union include:

• For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations.

• For stewards to provide representation when a steward from the employee’s
home department or a full-time release employee is unavailable.

• For a second representative to attend a grievance or investigative meeting.

• For authorized representatives to attend Union conferences, meetings,
seminars, training classes and workshops so that representatives better
understand issues such as City policies and practices, conflict resolution,
labor-management partnerships, and methods of effective representation.

• For authorized representatives to research and prepare for grievance
meetings and disciplinary hearings.

• For authorized representatives to educate and communicate with unit
employees in support of City policies and programs, and participate in City
partnerships.

Only one representative may be released from the same work group at the same
time. No representative will be permitted to use more than 420 hours of release
time from the bank of hours in any one MOU year.

Any hours used in excess of the bank of Union release hours must be approved
by the Labor Relations Administrator and the LIUNA Local 777 Lead Business
Manager. The number of hours used in excess of the allowable Union release hours at
the end of the contract term will be deducted from the Union release hours available for
the following year. A surplus of hours will be carried over into the next year to a maximum
total Union release of 7500 hours.



Page 109
a) The Union shall be allowed up to $20,000 per MOU year to be used towards
LIUNA Local 777-City of Phoenix Apprenticeship Programs to purchase
training materials, uniforms, promotional outreach materials, instructional
activities such as schools and workshops, and any other activity approved by
the Human Resources Director or his/her designee for Unit employees
approved to participate in the Apprenticeship Programs. These monies are to
be paid to the Union in one lump sum in the first pay period of each MOU year.
The Union will document the nature of the expenditures made for each Unit
employee approved to participate in the Apprenticeship Programs. The City
Auditor Department may conduct an audit of the funds designated for the
Apprenticeship Programs periodically. Any payments not adequately
supported by the documentation of expenses, or payments made for activities
outside the scope of this agreement, will be returned to the City by the Union.

At the end of each fiscal year, any money not expended on the Apprenticeship
Programs will be carried over to the next year for continued use in these
programs. The funds set aside for the Apprenticeship Programs will not
exceed $30,000 and the City and the Union will discuss appropriate measures
to ensure the Union receives the appropriate economic value.

b) In recognition of the mutual benefit provided to the City and the Union by the
full-time release positions, the City agrees to pay the Lead Business Agent of
the Unit two hundred and eight overtime hours each MOU year. The two full
time Union Representatives will be paid 80 hours overtime each MOU year.
The overtime will be paid on the last paycheck of July upon request of the
Union. The Union shall make such request no later than June 1.

The Union agrees to reimburse the City of Phoenix for the equivalent salary
costs plus fringe benefits on or before the last day of July each MOU year.

C. Unit employees may be authorized in advance in writing to engage in lawful Union
related activities during City work hours on a non-paid basis by the City Manager or
his designee in his unrestricted discretion consistent with this MOU.

D. There shall be no use of official time for unit-related activities except as has been
expressly authorized under this MOU. The City reserves the right to deny approval
of request for use of official time for activities not expressly authorized under this
MOU. The City shall not arbitrarily deny requests for use of official time for union
activities.

E. Payroll Deductions





Page 110
1) The City shall deduct from the first and second pay warrants of Union members,
in each month, the regular periodic Union membership dues as certified by an
authorized official of the Union and regular periodic Union sponsored insurance
benefits pursuant to the City's deduction authorization form duly completed and
signed by the employee and transmit such deductions monthly to the Union no
later than the 14th day following the end of the pay period in which the deduction
occurs, along with an alphabetical list of all employees for whom deductions have
been made. Such deductions shall be made only when the Union member's
earnings for a pay period are sufficient after other legally required deductions are
made. Authorization for membership dues deductions herein shall remain in effect
during the term hereof unless revoked by the employee. Revocation of deductions
shall be accepted by the City only during the first week of July or January to be
effective the following payroll period. The City will notify the Union of any
revocations submitted to it, consistent with the PERB Ordinance Section 2-214.

If it is determined by a final decision by a court of competent jurisdiction that “Fair
Share” does not violate Arizona State law or the Arizona State Constitution, the
Union and City shall open up this contract to bargain in good faith over the “Fair
Share” issue.

2) The City shall not make dues deductions for unit employees on behalf of any
other employee organization as defined in the Meet and Confer Ordinance, during
the term of this MOU.

3) The City assumes no liability on account of any actions taken pursuant to this
section. The City shall, however, as promptly as technically possible, implement
changes brought to its attention. The City shall, at the written request of the Union
during the term of this agreement, make changes in the amount of deduction
hereunder for the general membership, provided cost for implementing such
changes shall be reimbursed by the Union. This charge shall not apply to
submission of new individual authorization cards or revocations or individual
status changes.

F. Facilities and Services

1) The Union may distribute material which is not abusive of any person or
organization, which does not violate Administrative Regulation (A.R.) 2.16,
and which is not disruptive of the City’s operation. Materials may be posted
or distributed on the City's premises (buildings and grounds) before and after
scheduled working hours or in non-work areas during scheduled work hours
provided both the employee distributing and the employee receiving such material
are on their own time.



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2) The City shall provide the Union with bulletin board space for its sole and
exclusive use in communicating with its members at mutually agreeable locations.
All bulletin boards will be kept updated with material that is current and up
to date.

3) The Union shall have the right to meet with new unit employees for the purpose of
informing each such employee of the Union and of that employee's right to have
Union dues deducted from his/her pay warrant. The Human Resources
Department will notify the Union when orientation sessions involving new unit
employees are scheduled.

Such opportunity shall be afforded the Union during the new employee
orientation (NEO) sessions conducted by the Human Resources Department,
Public Works Department Orientation Program (PWOP), and Parks &
Recreation Department New Employee Orientation (Parks & Recreation NEO),
Streets Transportation Department New Employee Orientation (Streets
Transportation NEO), Aviation Department New Employee Orientation
(Aviation NEO).

The speaker cannot be defamatory against the City or specific departments
or individuals.

G. List of Unit Employees

Upon the Union’s filing of a Third Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit employees
which includes the following: Emp ID, First Name, Last Name, Initial, Deduct,
Service Date, Dept ID, Department, Job Title, Job Locator Code, Mailing Address,
City, State, Zip, Home Phone, Work Phone, and active Union deduction.

Any and all information furnished by the City shall be used by the Union solely for
the purpose of communicating with unit employees, other legitimate union
purposes, and shall not be shared with any other individual or organization.

H. Upon written request from the Union, the City will provide specific information from
an employee’s personnel files pertinent to a written grievance, arbitration case or
civil service appeal. The City will also provide all pertinent collective bargaining
information requested by the Union. The information will be supplied to the Union at
no charge.

I. In accordance with the City’s selection and interview process guidelines and at
management’s request, Union Designated Employees will participate in City
Selection processes.


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J. For a unit employee whose regular shift is other than day shift, there will be
flexibility in changing his, her or their normal work hours for the purposes of
attending official Labor-Management meetings called by or with the
concurrence of the Department Head or designee. There shall be a 48-hour
notice to the affected Department to ensure proper coverage.

K. City Email

The City shall send union-requested communication using the City Email
System using the following procedures:

Processing Guidelines

• Requests for email distribution must be submitted by the LIUNA Local 777
Business Manager or their designee from the labor group to the Labor
Relations email address (labor.relations@phoenix.gov).
• Labor Relations will review the email content to ensure compliance with the
guidelines noted below.
• Labor Relations will distribute compliant emails to unit members within 5
business days.
• A limit of one email per month, per labor group will be distributed.
Exceptions will be reviewed by Labor Relations.
• Emails will only be distributed to the corresponding unit members.
• Emails will be sent to unit members via blind copy.
• The standard City notice not to reply will be included on all emails.

Email Content Guidelines

The following is a list of acceptable types of communication. This is not an all-
inclusive list:

• Labor benefit fairs/ meet-and-greets.
• Union Open House's.
• City program/policy changes.
• Open Enrollment.
• Promoting City/union-sponsored training, committees, safety programs or
initiatives.
• City/union/association-sponsored charitable events or community projects.




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Other Guidelines/Information

• Communication cannot violate City policies.
• Communication cannot reflect negatively on the City organization, City staff,
elected officials, or residents.
• Communication cannot negatively Impact our residents' perception of the
City.
• All distributed emails are subject to the City's public records policy
(reference AR 1.60, Public Records Request Processing).
• Changes may be made to these procedures at any time.
• Changes will be communicated with labor groups prior to implementation.



Section 1-4. Rights of Unit Employees

A. Non-Discrimination

All unit employees have the right to have the Union serve as their meet and confer
representative without discrimination based on membership or non-membership in the
Union.

B. Grievance Representation

All unit employees have the right to present their own grievance, in person or by legal
counsel in accordance with Article 2, Section 2-1. A copy of all MOU grievances, filed
by anyone other than a designated official Union representative, shall be sent to the
Union office. There shall be no cost incurred to the Union.

C. Disciplinary Investigations / NOI Representation


A. Unit employees have the right to be represented by the union and the union
reserves the right to provide representation to its members in dealings with
the City concerning grievances, and matters pertaining to their individual
employment rights and obligations, and during an investigatory interview
concerning allegations focused on the employee which may result in
disciplinary action.

B. Supervisors are encouraged to discuss concerns and attempt to resolve
those concerns with an employee without utilizing a formal investigatory



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process. Supervisors are encouraged to not utilize an investigatory process
unless they have a reasonable belief that discipline (a written reprimand or
higher) could result. Should information be made during a conversation to
attempt to resolve an issue that could result in discipline, the supervisor will
immediately stop the meeting and utilize an investigatory process as
outlined below. Any interview becomes investigatory when facts or evidence
sought by the City may result in a disciplinary action.

C. The City may, at its sole discretion, either conduct investigatory interviews
with employees or issue employees written questions. In either case, a
Notice of Inquiry (NOI) form will be used. The intent of the NOI is to clearly
put employees on notice that they are under investigation that could result
in discipline, inform them of the nature of the allegations against them, and
inform them of their right to representation.

Time limit for investigations

D. If the City elects to issue written questions to the employee, the following
shall apply:
I. If an NOI is being issued and there is no active questioning,
representation is not required. Employees may bring a representative if
they desire, however there will be no discussion during the issuance of
the NOI.
II. The employee will have 72-hours excluding holidays and N-days to
respond in writing and provide any other material requested. This
deadline may be extended by mutual agreement if there are extenuating
circumstances.

E. If the City elects to conduct an investigatory interview, the following shall
apply:
I. Prior to the employee being interviewed, the unit employee shall be
advised of their right to a representative.

A. Prior to the employee being interviewed, the employee shall be
advised of their right to a representative and given up to 48 hours to
secure representation. The 48-hour time period may not apply in
emergency situations.
B. A unit employee identified solely as a witness will not be prevented
from contacting the union (association) on tier own time to consult
with a union (association) representative prior to their interview.



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II. The NOI form will be issued at the meeting.

III. The union representative may assist and consult with the employee,
attempt to clarify the facts or questions asked, and suggest other
employees or witnesses who may have knowledge of the underlying
issues. The union representative cannot speak on behalf of the employee
or impede the progress of the interview.

IV. The member or representative may ask for a caucus during the meeting.
Caucuses will be granted for a reasonable timeframe. Ay any time either
party requests a caucus the party shall inform the other party of an
estimate of what time they shall return.

V. The interviewer may not prohibit the union representative from engaging
in representation, including consulting with the employee. The member
shall be allowed to seek advice from their representative in caucus during
the interview. A caucus will not be permitted when a question is pending.
The employee will be given the opportunity to clarify their answer after
the caucus

VI. Neither party will behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.

VII. Prior to the conclusion of the meeting, the member or representative shall
have the opportunity to make a closing statement for no more than 5
minutes.

VIII. If the department requires a written statement at an investigatory
meeting, the employee will be given up to one hour of City time to write
the statement. Additional time may be granted at the sole discretion of
the department and will not be withheld arbitrarily.

IX. The employee will be provided with a copy of the interview notes and
given 72 hours to confirm their answers and provide any additional
information.

F. Regardless of whether the City elects to interview the employee, or issue
written questions, the following shall apply:




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I. The employee will be instructed not to speak to anyone regarding an
investigation. This restriction does not apply to the union, the union’s
attorney, the employee’s family, the employee’s attorney, the employee’s
clergy, the investigator, or chain-of-command.

II. The employee will be advised if the inquiry is supervisor initiated or the
result of a citizen complaint, employee/co-worker complaint, or other.

III. The member shall also be informed of the Garrity protections afforded to
public employees who may also be under criminal investigation or whose
actions meet the elements of a crime [Garrity v. New Jersey, 385 U.S. 493,
87 S.Ct. 616 (1967)].

IV. A unit member shall receive a copy of any statement that they are asked
to sign.

V. Every 60 days, a unit employee under investigation may request a status
update. At management’s discretion, the status will be provided either
verbally or in writing.

G. Misc.

No investigatory documentation, such as the NOI or witness statements
shall be kept in the Personnel or Supervisory Files after the investigation is
concluded.

H. Unit employees will be permitted to apply and/or compete in a transfer
process while in a pending investigation. The transfer process will not be
delayed pending the conclusion of the related investigation.

I. An employee who receives a written reprimand or suspension may request
a copy of the information upon which the written reprimand or suspension
was based, pertaining to what was specifically cited in the discipline at no
cost to the employee.

J. It is understood by the parties that the benefits granted by this Article shall
not be interpreted or applied as requiring the employer to count as time
worked, any hours or fractions of hours spent outside the employee's work
shift in pursuit of benefits provided by this Article unless otherwise specified
in this MOU. The employer shall count as time worked any hours or fractions



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of hours spent within the employee's regular work shift in pursuit of benefits
provided by this Article.

D. Personnel Files

1) Any unit employee covered hereunder shall, at their request and by appointment,
be permitted to examine their personnel files in the presence of an appropriate
supervisory official of the Department and/or authorize a Union representative to
obtain copies of documents in their personnel files. Said files shall be in a location
as specified below, one per location. These include the main Human Resources
Department file, the department personnel file, and the official department office
personnel file contained at the district or yard office.

2) No unit employee shall have any adverse statements entered in to their
personnel file without having a discussion about the action.

3) Unit employee may, at their discretion, attach no more than a 1-page rebuttal
statement to any material contained in their personnel file which may be of a
derogatory nature within 7 business days.

E. Fair & Impartial Treatment

All unit employees have the right to be treated equally and in a manner, which is fair
and impartial in any matter associated with the rights of unit employees under the
terms of this MOU.

F. Coaching / Supervisory Counseling

A coaching is a verbal discussion with an employee. A coaching is not to be
considered a first offense for purposes of progressive discipline. A written record of a
coaching may be placed in the supervisor’s files for both positive and negative
incidences. A coaching is to be one-on-one. When 2 or more supervisors are present
at the coaching, the employee shall be advised of their right to representation. An
employee may receive more than 1 coaching for a similar matter.

A supervisory counseling is a warning that the supervisor shall document in memo
form. A supervisory counseling is not discipline. They are to be used to determine only
notice to the employee. If a supervisory counseling is to be used in any disciplinary or
personnel action or any performance rating, the employee will be given the
supervisory counseling in memo form, that identifies the behavior requiring



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improvement, the reason for the improvement, and the consequences of continuing
the unacceptable behavior. The memo will contain a line for the employee’s signature
and an above the line statement of “The employee shall date and sign the supervisory
counseling, not as an indication of agreement, but solely as evidence of being advised
of its existence.” The employee will receive a copy of the memo.

Discipline older than 5 years from the date of issuance will not be considered
for progressive discipline or job related promotion/transfer purposes except
for the following types of discipline, which may be considered for the duration
of employment (and upon the employee's return to employment, if applicable):

Final sustained discipline of suspension or higher of the following:

• The employee has been abusive or threatening in language or conduct
towards fellow employees or the public;
• The employee has solicited or taken for personal use a fee, gift or favor
in the course of the assigned work or in connection with it, which would
lead toward favoritism or the appearance of favoritism or a conflict of
interest;
• That the employee is in possession of a deadly weapon (as defined in
ARS 13-3101), except a pocketknife (as provided in ARS 13-3102) at a
City worksite;
• The employee has intentionally falsified records or documents made,
kept, or maintained for or on behalf of the City of Phoenix;
• The employee has stolen or is in unauthorized possession of City
property or the property of another employee or citizen;
• The employee is under the influence of alcohol or illegal drugs on the
job;
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies;
• The employee committed a violation of the City's Ethics Policy;
• The employee committed an act of intentional dishonesty;
• The employee committed an act meeting the elements of a felony.

The official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
remove/inactivate eligible documents based on the below criteria by
contacting the department Human Resources Officer. Official records may
only be inactivated and not removed per records retention law, and



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members/employees will receive confirmation once the requested record is
removed/inactivated.

Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coaching’s/Supervisory Not maintained Not maintained in
Remove annually
Counseling’s in file. file.
provided no
further incidents.
Maintain copy in Maintain original
file. in file.
Employee may Employee may
Written Reprimands
request to request to
remove inactivate
after 3 years. after 3 years.
Maintain copy in
Maintain copy in Maintain original
file.
file. in file.
Remove annually
Suspensions Employee may Employee may
provided no
(other than below) request to request to
further incidents.
remove inactivate
after 10 years. after 10 years.
Discipline under 21b2, Maintain original
Maintain copy in
21b4, 21b5, 21b12, in file.
file.
21b13, 21b14, 21b15, May not be
Cannot Remove
21b18, 21b19, 21b20. inactivated


G. Performance Evaluation

Although the terms “coaching” or “supervisory counseling” will not be used, the
employee’s behavior or performance which resulted in the “coaching” or “supervisory
counseling” can, along with any other behavior or performance, be discussed in the
performance evaluation.

If an employee is not given their performance evaluation by the annual review date,
the employee’s merit increase shall be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an overall “met”).

H. Departmental Policies




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The City will notify employees and Unit 1 of new or revised written City or
Departmental policies affecting unit employees as soon after release as possible. The
City shall post on their bulletin boards any new policies and/or revisions in City or
written department policies and procedures affecting Unit I employees. Notice shall
remain posted for no less than 21 calendar days. Review of policy and procedure
revisions shall be included in employee group meetings when appropriate and
practical to do so.



Section 1-5. Prohibition of Strikes and Lockouts

A. The provisions of the Meet and Confer Ordinance are expressly incorporated herein.

B. The City nor its agents for any reason shall authorize, institute, aid or promote any
lockout of employees covered by this MOU.


Section 1-6. New Positions / Classifications

A. Classification and Compensation Studies

The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active
positions belonging to the Union. The Human Resources Department shall
provide the Union with an opportunity to meet with the person conducting the
study prior to preparation of any report or recommendations. The City shall
notify the affected Union of the results and recommendations resulting from
any study 30 calendar days prior to that study being presented to the Human
Resources Committee. It should be noted that there is no guarantee, either
expressed or implied that changes to a classification or its grade and salary
range will result from a study.

B. New Classifications

The parties agree to consult on the inclusion or exclusion of new
classification(s) in the bargaining unit and may thereafter refer any such matter,
jointly or individually, to the Phoenix Employment Relations Board (PERB) for
appropriate action.

C. Position Management



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The City shall give written notice to the Union 30 days in advance of a position
being reallocated or reclassified such that the position is removed from the unit.

D. Union Requested Job Classification Studies

The Union may submit written requests for job classification studies to the Human
Resources Department. Requests from the Union will be prioritized with other standing
requests.

1) All written requests for classification studies submitted by the Union shall include,
but not be limited to, the following information:

a) A full description of the new duties and responsibilities.
b) A full explanation of why the Union feels the position(s) should be reclassified.
c) A list of comparative positions/ classifications that led to the Union's request.
d) Such other information as is normally considered relevant to a classification
review.

2) The results of the audit of any classification study shall be subject to review by the
City's Personnel Committee in accordance with existing procedures.

3) The Union may submit a prioritized written request of classifications specific
to the unit that they wish to have studied. All written requests shall include a
full explanation of why the classification should be studied. This explanation
shall indicate whether the Union is requesting a full classification study
(including job levels and job architecture) or if the request is limited to a
compensation review to assess market competitiveness and grade and salary
levels. At least one request by the Union shall be completed by the Human
Resources Department in order of their ranking if the City Manager has
authorized the HR Department to conduct studies.


ARTICLE 2: GRIEVANCE / ARBITRATION / LABOR MANAGEMENT

Section 2-1. Grievance Procedure

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee’s work shift in pursuit of benefits provide
by this Article. The employer shall count as time worked any hours or fractions of hours



Page 122
spent within the employee’s regular work shift in pursuit of benefits provided by this
Article.

A. Informal Resolution

1. As a matter of good labor-management relations the parties encourage unit
employees who believe that they have a bona fide grievance to discuss and attempt
to resolve it with their immediate non-unit supervisor.

2. If the above informal discussion is held and does not resolve the grievance, the
unit employee may file a formal grievance in accordance with the following procedure.

B. Definition of Grievance

1. A grievance is a written allegation by a unit employee, submitted as herein
specified, claiming violation(s) regarding the interpretation and/or application of the
specific express terms of this Memorandum for which there is no other specific and
formal method of review; and doesn’t have a fact pattern that has been presented to
and decided upon by the City Manager in a prior grievance. However, disputes
specifically excluded in other Articles of this Agreement from the Grievance and
Arbitration procedure shall not be construed as within the definition set forth above
and shall not be handled in accordance with this procedure. It is agreed that such
excluded disputes are not grievable or arbitrable under the terms of this Article or
under this contract.

2. The City continues to retain the format used for grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall be
null and void, and will not be processed in accordance with this procedure.

C. Procedure

All grievances covered by this Article shall be handled exclusively in the following
manner:

A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.

1. Step 1



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The unit employee shall reduce the grievance to writing by signing and completing
the grievance form provided by the City and submit it to the division head, or designee,
within 14 calendar days of the initial commencement of the occurrence being grieved.

The division head, or designee, may investigate, further consider, and discuss the
grievance with the grievant and the grievant’s representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. By mutual agreement,
the parties can agree to skip Step 1 and proceed to Step 2 of the grievance procedure.

2. Step 2

If the written response of the Step 1 does not result in a resolution of the grievance,
the grievant may appeal the grievance by signing and completing the City form and
presenting it to the department head, or designee within 14 calendar days of the
grievant’s receipt of the Step 1 response.

The department head, or designee, may further consider and discuss the grievance
with the grievant and the grievant’s representative, if any, as deemed appropriate, and
shall, within 14 calendar days of having received the written grievance, submit a
response thereto in writing to the grievant. By mutual agreement, the parties can agree
to skip Step 2 and proceed to Step 2.5 or Step 3 of the grievance procedure.

3. Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee, the parties
involved may mutually agree to submit the grievance to Labor Relations. The
grievance, as originally written and Step 1 and Step 2 responses, must be submitted
to Labor Relations within 14 calendar days of receipt of the Step 2 response. Labor
Relations shall, within 14 calendar days of the receipt of the grievance, meet with the
department head, or designee, and the grievance and the grievant’s representative, if
any, in an attempt to resolve the grievance. Labor Relations shall then submit a written
response to all parties within 14 calendar days of the meeting.

4. Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in a
resolution of the grievance, the grievant may, within 14 calendar days of the Step
2 response, appeal the grievance by signing and completing the City form and
presenting it to Labor Relations. A Grievance Committee hearing will be scheduled
at which the grievant shall be afforded the opportunity to fully present their position
and to be represented.




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The Grievance Committee shall be composed of:

Chairman – A member of the City Manager’s Office designated by the City
Manager.
Member – A City function head on a rotating schedule.
Member – An individual mutually agreed upon between the City
Manager, or his designee, and LIUNA Local 777.

The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and their designated
representative.

b. If the grievant so elects in writing within the above time limit, in lieu of such hearing
the grievance may be reviewed by an arbitrator. The parties, or their designated
representatives, shall agree on an arbitrator, and if they are unable to agree on an
arbitrator within a reasonable time, either party may request the Federal Mediation
and Conciliation Service to submit to them a list of 7 arbitrators who have had
experience in the public sector. The parties shall, within 7 calendar days of the
receipt of said list, select the arbitrator by alternately striking names from said list
until one name remains. Such person shall then become the arbitrator. The
arbitrator so selected shall hold a hearing as expeditiously as possible at a time
and place convenient to the parties, and shall be bound by the following:

i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering any
issue properly before him/her.

ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not so submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City law.

iv. The cost of the arbitrator and any other mutually incurred costs shall be borne
equally by the parties.

The arbitrator shall submit findings and advisory recommendations to the City
Manager. The City Manager shall make the final determination of the grievance
and submit it in writing to the grievant and his designated representative.



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D. Time Limits

Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and failure
of the grievant to comply with said time limits shall constitute abandonment of the
grievance; except however, that the parties may extend time limits by mutual written
agreement in advance of the deadline.

E. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.

F. Group Grievance

When more than one unit employee claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such members. Such group grievances shall be filed at the Step of
this Procedure which provides the lowest level of common supervision having
authority over all named grievants. Each unit employee that is a party Grievant must
be named and must sign such group grievance.

G. Employer Grievances

Should they occur as a result of official Union activities or actions, including the failure
to act as required under the terms of this Memorandum, employer grievances will be
presented directly to the Union president or any officer of the Union within 14 days of
the occurrence prompting the grievance. The president, or designee, shall in each
case provide a written answer within 14 days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3.

H. Municipal Court
It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Step 2 that the designated "Department Head" is the
Executive Court Administrator, and the "City Manager's Office" or "City Manager" shall
mean the Presiding Judge, or his designee as provided in the procedure.




Page 126
Section 2-2. Labor-Management Committee

The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.

A. There shall be a Labor-Management Committee consisting of the three Union
Authorized Representatives, one LIUNA staff member, and four representatives
from management that are agreed upon by the LIUNA staff member and the
Labor Relations Administrator. The Labor-Management Committee shall be
facilitated by Labor Relations staff. The purpose of the Committee shall be to
facilitate improved relations, provide a forum for open and informal discussion,
and make recommendations for operational or other rules changes that are of
mutual benefit.

B. The Committee shall meet, at least once a month per MOU year, or more often by
mutual agreement, at mutually agreed upon times. The Committee will meet to discuss
matters to be of a mutual benefit including, but not limited to, methods of improving
the level of productivity when needed. The members shall, upon request for a meeting,
provide the Chairman with proposed agenda items and the Chairman shall provide
the members with the meeting agenda in advance of the meeting.

C. Any signed/dated written Labor/Management agreements with the signatures of the
parties and the Chairman will be binding on the parties for the remaining term of the
MOU.

D. If the representative of the Union is a unit employee, such representative shall not
lose pay or benefits for meetings mutually scheduled during duty time.

E. During this Memorandum of Understanding, the City and the Union will establish a
Labor-Management Committee dedicated to the discussion of cost analysis for
potential contracted work presently performed by Unit employees, the reduction in
force process and any other matters deemed relevant by the Committee.

F. During this Memorandum of Understanding, the City and the Union will discuss the
following topics at the Labor Management Committee Meetings

• The City’s disciplinary process



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Section 2-3. Bargaining Unit Work

A. The City will schedule a meeting with the Union, with a minimum of seven calendar
days’ notice, except in emergency situations, to discuss management
recommendations and basis for contracting of work presently being performed by unit
employees, which would directly result in a reduction in the number of regular unit
positions during the term of this agreement. The meeting will occur prior to any final
recommendation to the City Council. Failure by the City to meet with the Union under
this Article may be subject to the Grievance Procedure (Article 2, Section 2-1) of this
MOU. The management recommendation, and final decision thereon by the City, shall
not be subject to the Grievance Procedure (Article 2, Section 2-1.)

B. The Management recommendation, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2, Section 2-1) of this MOU.

C. The City agrees that it will not assign work currently performed by LIUNA represented
employees to non-represented City employees or to employees in any other City of
Phoenix bargaining unit, for a period up to 90 days.

The exception will be when individuals are being placed in an effort to comply with
federal law, in which case the Union will be notified.

By mutual consent, the City and the Union may agree to a time period longer than 90
days.



Section 2-4. Health and Safety Committee

The benefits granted by this Article shall not be interpreted or applied as requiring the
employer to count as time worked, any hours or fractions of hours spent outside the
employee's work shift in pursuit of benefits provided by this Article. The employer shall
count as time worked any hours or fractions of hours spent within the employee's regular
work shift in pursuit of benefits provided by this Article.

A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.

B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This Committee shall be composed of 2 unit



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employees appointed by the Union and 2 City representatives as designated by the
City Manager. The Chairmanship shall rotate among the members.

C. The Committee shall meet quarterly at mutually scheduled times or more frequently
by mutual agreement to consider on-the-job safety matters referred to it by the existing
departmental safety committees and safety officers, or otherwise coming to its
attention, and shall advise Department Heads and the City Manager concerning on-
the-job safety and health matters.

All written recommendations of the Committee shall be submitted to the Department
Head concerned and to the City Manager.

D. The Committee shall be guided by the applicable regulations of the State's OSHA
agency, and the City's existing practices and rules relating to safety and health, and
formulate suggested changes.

E. Employee members of the Committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time.

Incident Review Board

An Incident Review Board is an effective management tool to minimize injuries and
protect property. The function of an Incident Review Board is to determine if a vehicular
or operational incident is preventable or non-preventable. The City shall establish an
Incident Review Board in each Unit One represented department. Each Incident Review
Board shall have the same rules, and all rules shall be applied in the same manner in
each department.

Section 2-5. Public Outreach & Public/Employee Safety Cross Training

It is understood that bargaining unit employees are frequently required to address
social service needs and problems as well as threats to public health and
public/employee safety posed in our streets and parks.

To ensure that bargaining unit employees are trained adequately to safely deal directly
with members of the public and to properly refer citizens to appropriate City agencies, all
bargaining unit employees shall be cross-trained with public outreach and
public/employee safety skills in accordance with department needs.





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Section 2-6. Laborers’ Apprenticeship Projects

A. Gardener Apprenticeship Project

The Union and the City shall continue the Joint Pilot Apprentice Program as needed
and when positions are available for the Gardener classification in the City of
Phoenix, entitled “Phoenix Gardener Apprenticeship Program”.

The Phoenix Gardener Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix Parks
and Recreation Department representatives, and 1City of Phoenix Human
Resources Department Safety Section employee.

The Phoenix Gardener Apprenticeship Program is designed to prepare individuals,
and produce highly qualified and well trained workers who have solid knowledge as
well as specific, technical job skills for occupations in the skilled trades and crafts.
The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
Gardener Apprenticeship Program.

B. SWEO Apprenticeship Project

The Union and the City shall establish a continue the Joint Pilot Apprentice Program
as needed and when positions are available for the Solid Waste Equipment
Operator classification in the City of Phoenix, entitled “Phoenix SWEO Apprenticeship
Program”.

The Phoenix SWEO Apprenticeship Program shall be organized with a set of
standards established by a 5 person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
Public Works Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

The Phoenix SWEO Apprenticeship Program is designed to prepare individuals, and
produce highly qualified and well trained workers who have solid knowledge as well
as specific, technical job skills for occupations in the skilled trades and crafts. The
Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix
SWEO Apprenticeship Program.


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C. Street Maintenance Worker I Apprenticeship Project

The Union and the City shall continue the Joint Pilot Apprentice Program as needed
and when positions are available for the Street Maintenance Worker classification in
the City of Phoenix, entitled “Phoenix Street Maintenance Worker Apprenticeship
Program”.

The Phoenix Street Maintenance Worker Apprenticeship Program shall be organized with
a set of standards established by a 5 person Joint Apprenticeship Committee
(Committee). The Committee shall be comprised of 2 Union representatives, 2 City of
Phoenix Streets Department representatives, and 1 City of Phoenix Human Resources
Department Safety Section employee.

The Phoenix Street Maintenance Worker Apprenticeship Program is designed to prepare
individuals, and produce highly qualified and well trained workers who have solid
knowledge as well as specific, technical job skills for occupations in the skilled trades and
crafts. The Joint Apprenticeship Committee shall award a Certificate of Completion of
Apprenticeship to each apprentice who has successfully completed the Phoenix Street
Maintenance Worker Apprenticeship Program.



ARTICLE 3: COMPENSATION / WAGES

Various sections of this MOU contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit employee have been negotiated in place of
a direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.

Section 3-1. Wages

A. In year one of this agreement, the economic value of ongoing total compensation
increases will equal 1.5%. Unit 1 employees will also receive a non-continuous
payment equal to the economic value of 2.5% total compensation. Finally, Unit 1
employees will also receive an additional ongoing increase equal to the
economic value of 0.5% of total compensation, and a non-continuous payment
equal to the economic value of 0.5% total compensation for agreeing to the City’s
transparency and accountability proposals. This will be paid as follows:



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1. 2.34% base wage increase, effective the first full pay period in July 2021.
2. A non-continuous payment of $2,191 for each full-time employee and
$200 for each part-time employee in year one, to be paid out on the first
full pay period in August 2021.
3. Increase pesticide application differential by $.50/hr
4. Increase 2nd shift differential by $.50/hr
5. Increase 3rd shift differential by $.75/hr
6. Provide 3 parking cards for Union use.

B. In year two of the agreement, the economic value of ongoing total compensation
increases will equal 1.5%. Unit 1 employees will also receive a non-continuous
payment equal to the economic value of 2.5% total compensation. This will be
paid as follows:

1. A 1.77% base wage increase effective the first full pay period in July
2022.
2. A non-continuous payment of $1,860 for each full-time employee and
$200 for each part-time employee in year two, to be paid out on the first
full pay period in August 2022.

The City will evaluate the American Rescue Plan Act and will provide a (non-
specified) percentage of premium pay as allowed by the legislation and
deemed appropriate by the City Council, balancing the needs of the
community and employees in their development of a strategic plan for the
ARPA funds. The strategic plan will follow guidelines provided by the
Department of Treasury. This language will expire at the conclusion of the
2021-2023 MOU.

C. During the term of this MOU the City will provide an annual budget presentation to the
LIUNA Local 777 Chapter Board. This presentation will be scheduled within 30 days
of the final budget being presented to Council.

D. It is understood that for implementation purposes, the practice of rounding of fractional
cents shall be done in accordance with accepted mathematical and accounting
principles.

E. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "Pay Schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council Action in the Pay and Compensation Ordinance.



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Section 3-1A. Productivity Enhancement Pay

In recognition of continuous service and overall performance, the City agrees to the
following productivity enhancement pay formula for unit employees.

A. Pay Benefit:

In November 2021, May 2022, November 2022, and May 2023, unit employees who
meet the additional qualifications of this section shall qualify for $50.00 for each full year
of continuous full-time service in excess of 5 years, up to an annual maximum of
$1,400.00 at 19 years.

In November 2021, May 2022, November 2022, and May 2023, unit employees who
have completed at least 20 years of full-time service and who meet the additional
qualifications of this section shall qualify for $65.00 for each full year of continuous full-
time service in excess of 5 years, up to an annual maximum of $1,820.00.

B. Qualifications:

1) An employee must have completed at least 1 year of continuous full-time service
at the top step in his pay range. Qualifications for Productivity Enhancement pay
are made in the base class and will not be affected by movement into or out of
assignment positions. As well, Productivity Enhancement pay will not be affected
by movements to positions within the same pay range.

2) An employee must have received a performance rating of overall "Met” on his latest
scheduled performance evaluation on file at the time of the qualifying date. For
employees who are otherwise eligible for Productivity Enhancement pay, an
employee who receives an overall “Not Met” evaluation shall receive another
evaluation within 90 days to 120 days, and if that evaluation is an overall “Met”, he,
she, they will be eligible to start receiving Productivity Enhancement pay the first
paycheck for the first full pay period after the next qualifying date. A unit employee
who receives an overall “Not Met” rating may appeal by memo through his chain
of command to the Department Head.

3) An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave. However,
the entire period of industrial leave shall qualify as continuous service when the
employee returns to active employment.




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C. Terms of Payment:

1) The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit employee’s regular paycheck.

2) When a position is reclassified to a higher classification, or when classification is
assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which corresponds
the closest to their combined base pay and previous Productivity Enhancement
amount (incumbent’s annualized payment), and which does not result in a
decrease from that total amount. The placement in the new range will be limited to
the maximum step in the range. If the reclassification or pay range change only
results in a maximum possible one-range increase, and the incumbent is receiving
Productivity Enhancement pay, the employee will be moved to the top step and
continue to be eligible for Productivity Enhancement pay.



Section 3-2. Overtime

A. As a regular practice, overtime shall not be used. The parties agree that at times the
City may require overtime work outside of an employee’s regularly-scheduled shift.

B. Overtime is defined as time assigned and worked beyond the regularly scheduled
40 hours per week.

C. Except for paid sick leave, all duly authorized paid leave time shall be considered as
time worked for the purposes of the regularly scheduled workweek. Paid sick leave
shall not be considered as time worked for the purpose of calculating overtime for
the regularly scheduled workweek.

The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.

D. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor
or other authorized representative of the City. The City shall endeavor to be
equitable in the distribution of voluntary overtime amongst qualified employees or
crews of employees within the same classification, function, work location, and shift.
Seniority may be used as a factor in determining the assignment of overtime work.
Other factors include skill level, assigned equipment, etc. The City will make
available to the Union upon request reports of overtime worked by unit employees


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on a quarterly basis. The City reserves the right to assign overtime in the event
insufficient employees volunteer, to avoid inadequate staffing, to insure timely
service delivery or to conduct mandatory training.

Employees may be required to work on scheduled holidays and/or non-work days
during the holiday week in order to provide City services on weeks containing
holidays.

Rotational overtime work lists ranked by seniority shall be posted on city bulletin
boards and updated each time it is worked.

E. Compensation for overtime work as defined in Section B. above will be as follows:
1-½ times the regular rate. The regular rate shall include, if applicable, night shift
differential, stand-by pay, and out-of-class pay. Overtime will be compensated after
the first 7 minutes assigned and worked beyond a member's regularly scheduled
work week or work shift, as outlined in Section B, calculated to the nearest 1/4 hour.
There shall be no compounding or pyramiding of overtime pay with regular or
premium pay except as required under the Fair Labor Standards Act.

F. There shall be a minimum of 12 hours off between shifts. If this is not possible and
the unit employee is not receiving overtime pay for the additional hours worked (the
unit employee is not entitled to both overtime and 12-Hour Rule time), the unit
employee shall receive 12-Hour Rule compensation (1-1/2 times the regular rate)
for each full hour worked within the described 12 hour period. This language only
applies to employees who work 2 full shifts.

Example #1:
Monday Tuesday Wed – Fri Total for Week
6a.m. – 5:30 p.m. 3:30 a.m. – 1p.m. 6a.m. – 2:30 p.m. 44 hrs. Worked
40 hrs. Paid at Regular Rate
11 hrs. Worked 9 hrs. Worked 8 hrs. Worked per Day
of Pay
2 hrs. within
4 hrs. Paid at 1-1/2 (OT)
12-Hour Rule


In example #1, the 12-Hour Rule time is not paid for the two hours worked within
the 12-Hour Rule because overtime was earned for the additional hours worked.

Example #2:
Monday Tuesday Wed – Thurs Friday Total for Week
6 a.m. – 5:30 3:30 a.m. – 1 6 a.m. – 10
6 a.m. – 2:30 p.m. 40 hrs. Worked
p.m. p.m. a.m.




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8 hrs. Worked per 38 hrs. Paid at
11 hrs. Worked 9 hrs. Worked 4 hrs. Worked
Day Regular Rate of Pay
2 hrs. within 2 hrs. Paid at 1-1/2
12-Hour Rule (12-Hour Rule)


In example #2, the 12-Hour Rule time is paid for the two hours worked within the 12-
Hour Rule because overtime was not earned for the additional hours worked.

G. In lieu of cash payment, a unit employee may request compensatory time credits up
to a maximum accumulation of 210 hours. The request for compensatory credit must
be made at the time the overtime is worked. Use of compensatory time off within the
work period shall be subject to departmental approval and scheduling.

Accumulated compensatory time in excess of 210 hours must be paid in cash.

Effective July 2009, 210 hours is increased to 215 hours.



Section 3-2A. Call-Out Pay

A. A unit employee called out for work after going home from a shift or called out for
overtime work while on stand-by pay shall be entitled to a minimum of 3 hours pay at
1 ½ times the employee's regular rate of pay.

B. Travel time shall be included in the minimum call-out guarantee and shall be paid only
if the total work and allowed travel time exceed the 3 hour minimum. The total travel
time compensated for round trip travel to and from the job site shall be 45 minutes.

C. Travel time shall not apply when the employee is working on overtime which was
planned in advance. An employee requested to report early, before the normal starting
time of the shift, shall not be eligible for travel time, but would qualify for overtime for
the extra time worked at the job site.

D. Once called out, Standby Pay will stop.



Section 3-3. Out-Of-Class Pay

A unit employee temporarily required to serve in a regular authorized position in a higher
classification shall be compensated at a higher rate of pay in accordance with the
following:


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A. To be eligible for the additional compensation, the unit employee must first
accumulate 10 regular working shifts of assignment in the higher class within any 24
month period; satisfactory performance during a previous appointment to the higher
class will be credited to the qualifying period. The days of out-of-class assignment
need not necessarily be consecutive.

The days of out-of-class will be credited to the qualifying period. Once this qualification
is satisfied, no additional re-qualification will be required.

B. Temporary assignments out-of-class shall be recorded only in full-shift units. A unit
employee working out-of-class for 4 hours in an 8 hour shift or 5 hours in a 10 hour
shift or more in a given shift shall be credited with working out-of-class for the entire
shift. No out-of-class credit shall be given for out-of-class work of less than 4 or 5
hours in any given shift.

C. To qualify for out-of-class pay, a unit employee must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-class pay is
not authorized, for example, if the organization of a work unit is such that each unit
employee carries on his normal duties during the temporary absence of a supervisor,
without a need for the direction which the supervisor would provide on a longer term
basis. However, eligibility for out-of-class compensation shall take place when an
employee becomes responsible on a regular basis, for the full range of duties normally
assigned to the higher class.

D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.

E. A unit employee who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift served
in the higher class. In the event of overlapping unit salary ranges, a minimum one-
step differential shall be paid for out-of-class assignments into unit classifications. The
higher rate of pay shall be used in computing overtime when authorized overtime is
served in out-of-class work assignments; the overtime rate shall be the rate
established by the overtime regulations that apply to the higher rank.

F. The City shall endeavor to be equitable in the distribution of out-of-class assignments
amongst qualified unit employees.





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G. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.



Section 3-4. Pesticide Applicator Differential

Licensed Pesticide Applicators shall receive $1.00 in addition to their base hourly rate for
each hour engaged in assigned and authorized activities when applying, mixing, or
managing herbicide or pesticides. This compensation includes any preparation and
maintenance of application equipment.


Section 3-5. Shift Differential Pay

Unit employees shall receive $1.00 per hour in addition to their hourly rate of pay when
working a night shift which ends at or after 9:00 p.m. and before midnight, and $1.50 per
hour in addition to their hourly rate of pay when working a night shift which includes work
during the period after midnight to 3:30 a.m.
Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time.

Employees participating in a 4/10 work schedule shall receive $1.00 per hour in addition
to their hourly rate of pay when working a regular night shift which ends between 10:00
p.m. and 3:30 a.m., inclusive, and $1.50 per hour in addition to their hourly rate of pay
when working a regular night shift which ends after 3:30 a.m. Night shift differential shall
continue to be paid at the rate of the regular shift for any additional hours worked following
the regular shift.



Section 3-5A. Weekend Shift Differential Pay

A unit employee shall receive $0.45 per hour added to his base hourly rate of pay and
any other shift differential or any other premium pay he, she, they may be receiving for
working a weekend shift. A designated weekend shift is defined as any shift that starts on
or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before, but
not after 11:59 p.m. on Sunday.

A unit employee shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.





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A unit employee, who is called out and works between 2:00 p.m. on Friday and 11:59
p.m. on Sunday, will be paid weekend shift differential for all hours worked at the rate
specified in this article. If a unit employee was called out while on stand-by status, he,
she, they will not receive weekend shift differential.



Section 3-6. Stand-By Pay

When a unit employee is required and assigned to be available for emergency call back,
outside of his regular daily or weekly work schedule, the employee shall be compensated
for such stand-by hours that he, she, they remained available at $3.25 per hour. Unit
employees serving in stand-by assignments shall be subject to contact requirements as
provided for by the Department Head.



Section 3-7. Show-Up Time

Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself/herself for work as scheduled, shall be paid
for at least 4 hours at the hourly rate of pay. If work on the employee's regular job is not
available for reasons beyond his control, the City may assign the employee substitute
work. Where there is substitute work readily available, the opportunity for such work will
not be arbitrarily denied.

In the event scheduled work is interrupted due to conditions beyond the City's control,
and substitute work is not available to be assigned, affected employees shall be paid for
4 hours at the hourly rate of pay, beginning at release, or to the end of the scheduled
work shift, whichever occurs first. An employee shall have the option of using either
vacation or comp time. If there is no other leave available, unit employee shall be
able to use unpaid leave for the balance of the regular shift in compliance with the
personnel rules.

Employees released hereunder prior to the end of their scheduled shift may be required
to stand-by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-6 hereof). Employees called back to work shall be entitled to their hourly rate
of pay only and not any guaranteed minimums for work performed during the balance of
their regularly scheduled shift.



Section 3-8. Jury Duty Pay

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A unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence for the period of jury or witness service and will be
compensated his/her regular pay and jury or witness pay for work absences necessarily
caused by such jury or witness duty. To be eligible for such pay, an employee must
present verification of the call to jury or witness duty.

A unit employee required by the Court to call in for jury duty the morning of his/her
scheduled daily work shift may elect to take the day off on vacation or compensatory time.
Such leave request shall not be denied. Should the unit employee be required by the
Court to report for jury duty, the vacation or compensatory time will be restored from the
actual time of reporting required by the Court through the end of the scheduled work shift.
To be eligible for such leave restoration, the unit employee must present verification of
the jury service.

Unit employees subpoenaed to appear as a witness in court as a result of their official
duties on their status as a City employee shall return all fees tendered for such service to
the City.

Paid Jury Duty leave shall not be allowed when the unit employee is the defendant,
plaintiff, or voluntary character witness in a court action.



Section 3-9. Deferred Compensation Program

The current percentage of base pay for deferred compensation is .45 %.



Section 3-10. Sick Leave Conversion at Retirement

A. Sick Leave Cash Out Formula

A unit employee who has accumulated a minimum of 750 qualifying hours or more of
accrued and unused sick leave at the time of retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.

B. Final Average Salary

The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Salary upon retirement will be limited to the number of sick leave hours in




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the employee’s leave bank on July 1, 2012, provided all criteria are met as described in
Subsection A.

Employees with less than 250 hours of accrued and unused sick leave on July 1, 2012,
will not meet the minimum balance requirements for a sick leave cash out that can be
included in their Final Average Salary.

The portion of accrued and unused sick leave that is not included in the Final Average
Salary upon retirement can be cashed out as a lump sum upon retirement, provided all
criteria are met as described in Subsection A.

The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Salary upon retirement will be limited to the number of vacation
leave hours in the employee’s bank on June 30, 2014, not to exceed 450 hours.



ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS

Section 4-1. Hours of Work

The City, in collaboration with the Union, may approve flextime schedules when
all the following conditions are met:

1. Approval of Department Head
2. Approval of LIUNA Local 777 Business Manager or their Designee
3. Mutually agreed schedule between Unit Employee and Supervisor
4. The City, the Union and the affected employee(s) shall sign a written
agreement.

A. This Article is intended to define the normal hours of work and to provide the basis for
calculation and payment of overtime pursuant to Article 3, Section 3-2.

B. Work Week Defined

The regular work week for regular full-time unit employees shall consist of 5
consecutive work days in a 7 day pre-established work period, except as provided in
Article 4, Section 4-1-F and except in those departments performing normal services
regularly on Saturday and/or Sunday and except in those operations utilizing a
different work week, such as a 4 day work week.

C. Work Day Defined


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The work day for regular full-time unit employees shall consist of 8 hours of work
within any 24 hours in a pre-established work schedule, exclusive of unpaid time
allotted for meals except in those operations utilizing a different workday schedule
such as a 10 hour work day.

D. Work Schedule Changes

Except for emergency situations, permanent regular work schedules shall not be
changed without notice by the Department of at least 14 days to the affected
employee(s) and to the Union. Exceptions for more or less than the 14 days notice
mentioned above may be mutually agreed to by labor and management on a case by
case non-precedent basis.

When temporary work schedule changes are necessary, the Department will try to
give affected employees at least 2 calendar days notice or, if less notice, it will be
considered an emergency.

When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the Union of such changes or new schedules, prior to implementation.
Overtime work or stand-by, before or after the normal work day or work week, does
not constitute a change in the work schedule. A department will not reassign
employees to another work location temporarily for arbitrary or capricious reason(s).

E. Summer Work Schedules

Summer hours may begin no later than the first Monday in April, and may terminate
no earlier than the second Monday in October whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier or terminated later in the
year than specified in this section. Summer work schedules in the Streets Department
and Parks Department may begin at 5:00 a.m.

It shall be within the Department Head's discretion to determine starting times for
summer hours based on such operational considerations as dividing and/or rotating
crew starting times to facilitate safety to the public, employees and equipment, to
guarantee a high level of convenient service to the public, to preclude negative impact
on traffic flow, and similar factors.



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F. SWEO Schedule

The City may implement a 10 hour workday, 4 workdays per week schedule in all
functions of the Solid Waste Management Division.

Except for Solid Waste Collections and Disposal, the regular work-week for regular
full-time unit employees working a “four/ten” work schedule shall consist of 4
consecutive work days in a 7 day pre-established work period.



Section 4-2. Rest and Lunch Periods

A. Existing workday schedules spanning 9 elapsed hours shall continue to include a 60
minute unpaid meal period. Existing workday schedules of 8-1/2 hours and 10-1/2
hours shall continue to include a 30 minute unpaid meal period. Workday schedules
of 8 and 10 consecutive hours shall include a paid straight time meal period of up to
½ hour on the job. Two (2) non-work periods of up to 15 minutes during a regular daily
shift shall be permitted by supervision to promote the health, safety, and efficiency of
employees on the job. Emergency situations may make this impossible in rare
situations. Activities of employees during those non-work periods shall not be subject
to any unreasonable restrictions.

B. When a unit employee does not receive a paid meal period, his/her meal period shall
be uninterrupted and duty-free.



Section 4-3. Clean-Up Time

Employees will be given time, in keeping with past practice, at the end of a normal daily
shift for personal clean-up.

Such time is in addition to and exclusive of any time the City requires be spent for
maintaining equipment.

The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so.
Clean-up material should be supplied on an as needed basis to field employees. If the
field supervisors and employees act reasonably in addressing the issue, everyone will
have a healthier and safer work environment.



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Section 4-4. Seniority

A. The City shall provide the Union with a list of unit employees showing each unit
employee’s employment date and class date.

B. Seniority shall be by length of service within a class. If seniority within a class is not
determinative, then length of service with the City shall prevail.

C. Seniority shall be used as a factor consistent with established Civil Service procedures
in choice of work assignments, vacation schedules, and in the determination of layoffs.

Department policies for work assignment selection and vacation scheduling will be
discussed with the Union at least 30 days prior to implementation.



Section 4-5. Transfer Program

The City and the Union acknowledge mutual interest in the success of the present
program of minimizing layoffs of employees by seeking to place such employees in other
positions, consistent with Civil Service Rules on seniority. The Union agrees to provide
positive counseling to unit employees so affected to ease the transition to other positions.
The City agrees to make available, on request, job counseling in order to provide training
assistance to the employee during the first 30 days of the new work assignment.

Although not required to honor a request for a voluntary transfer for an employee having
documented extraordinary personal hardship beyond his/her control, the City will try to
honor the request. In such a case, factors such as, but not limited to, the employee’s shift,
seniority, and work record may be considered.

To every extent practicable, a transferred unit employee will be allowed to maintain his
previous vacation schedule.

Section 4-6. CDL Renewal

Employees will be allowed City time to renew their CDL license and or related
endorsements and will be reimbursed for such renewal fees which will include the
HAZMAT background screening fee.

ARTICLE 5: BENEFITS



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Section 5-1: Employee Assistance

The City Employee Assistance Program, will provide confidential, individual and family
counseling to all employees and their household members. These services will be
furnished by an independent contract agency to be chosen by the City.


Section 5-2: Health and Dental Insurance

A. The City shall maintain the current 80/20 split for health insurance for both single and
family coverage. If there is a rate increase or decrease the City shall pay 80% of the
new monthly contribution and the employee will pay 20%.

B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of
studying existing plans and to explore alternative plans. The Taskforce shall include
representatives of the City and Union.

C. The City shall retain the dental insurance plan for unit employees and their qualified
dependents. The plan shall consist of 80% payment of reasonable and customary
charges covered for preventive and diagnostic services, basic services, and major
services. The plan shall also include an orthodontia benefit providing for 80% payment
of reasonable and customary charges up to a maximum lifetime benefit of $4,000 per
person. This plan is subject to the deductibles and limitations contained in the contract
between the dental insurance carrier and the City of Phoenix. The City shall pay the
premium costs for single unit employees for employees enrolled in the base dental
HMO or PPO plan (employee only coverage), and 75% of the premium costs for unit
employees and their qualified dependents (family coverage).

The City shall maintain the current dental premium split. If there is a rate increase or
decrease, the City will pay 100% of the new monthly contribution for single coverage
for employees enrolled in the base dental HMO or PPO plan. If there is a rate
increase or decrease, the City will pay 75% of the new monthly contribution, and the
employee will pay 25% for family dental coverage.

D. The City agrees to continue the formalized complaint procedure with respect to the
service under all plans.

E. Unit employees retiring on or after July 1, 2006, who meet all other MERP eligibility
requirements and enroll in either single or family City of Phoenix health insurance,
shall receive an additional $100.00 per month to help defray the cost of health
insurance.



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Unit employees retiring after August 1, 2022, who meet eligibility requirements,
shall receive the $150 month allowance for Post Employment Health Plan accounts
(PEHP).



Section 5-3: Life Insurance

The City will provide regular full-time unit employees the existing off-the-job and on-the-
job life and dismemberment insurance coverage. The face value of the policy being
$15,000; in addition the City will pay $75,000 for death in-the-line-of-duty insurance.

The designated beneficiary of a unit employee will be paid for all accumulated sick leave
hours that remain on the City's official file at the time of a line-of-duty death of the unit
employee and payment will be based upon the unit employee’s current base hourly rate.
The beneficiary shall be designated in the eCHRIS Benefits portal for the City of
Phoenix Group Life Insurance Program on file in the City Human Resources Department.

Additionally, the City will provide to each unit employees a $200,000 death benefit
covering the unit employee’s commutation to and from their City work location. The
current City Life Insurance carrier will cover the unit employee’s commute for up to
two hours before their shift begins, and two hours after their shift concludes. The Union
will only pay the cost of their benefit the first year of the MOU.

In the event of the death of a unit employee while commuting to or from their work
location, for a period of two hours each way, the City will continue to pay the full monthly
health insurance premium for the spouse and all eligible dependents. The current City
Life Insurance carrier for the payment of a supplementary commutation life insurance
policy for each unit employee. The Union will pay the cost of this benefit, if any, the first
year of each new MOU period.



Section 5-4. Long Term Disability Insurance

Employees who have been continuously employed and working on a full-time basis for
twelve consecutive months are eligible for long term disability coverage. After an
established 90 calendar day qualifying period, the plan will provide up to 66-2/3% of the
employee's basic monthly salary at the time disability occurs and continue up to age 75
for employees who have been employed full-time for 36 months and one day. This
coverage will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.




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Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to apply for long term disability coverage for no more than 30
months.


Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave
Donations

A. Holidays / Personal Days

The City agrees to incorporate into the MOU the benefits provided under A.R. 2.11
modified to indicate the following holidays.

Employees, except those on hourly paid status, shall, when possible without disrupting
the various municipal services, be allowed the paid holidays listed below:

New Year’s Day January 1
Martin Luther King’s Birthday January, Third Monday
President’s Day February, Third Monday
Cesar Chavez Birthday March 31
Memorial Day May, Last Monday
Independence Day July 4
Labor Day September, First Monday
Veteran’s Day November 11
Thanksgiving Day November, Fourth Thursday
Friday after Thanksgiving Day Friday after Thanksgiving
Christmas Eve Half an employee’s paid regular shift on
December 24
Christmas Day December 25
Two Personal Leave Days After completion of six months of full-time
employment.

When a holiday named in this regulation falls on Sunday, it shall be observed on the
following Monday. When a holiday named in this regulation falls on Saturday, it shall
be observed on the preceding Friday except that in the case of 6 day operations such
holidays may be observed on Saturday. This paragraph shall not apply to Christmas
Eve, which shall only be granted when it falls on the employees' regular scheduled
workday. In the case of continuous 24 hour, 7 day operations and 7 day non-continuous
operations, holidays shall be observed only on the calendar days on which they actually
fall.




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The Personal Leave Days are added to an employee’s vacation leave bank and may
be taken on any day of the employee’s choosing after completion of six months of full-
time employment, subject to operational and scheduling factors and the limitations of
A.R. 2.11. This time does not alter the maximum carryover of vacation hours outlined
in A.R. 2.18.

If a full-time unit employee’s regularly scheduled day off falls on a holiday to which he,
she, they are entitled under this Article, 1st consideration shall be given to allowing 3
consecutive days off, but if this is not feasible, a substitute day off of 8 hours with pay
shall be given at straight time on a day designated by the Department Head. Unit
employees who work a 4/10 schedule, whose regularly scheduled day off falls on one
of the holidays listed in paragraph C of this Article, shall receive 10 hours of
compensatory time. An employee shall not be paid in cash in lieu of a substitute holiday
except that in extraordinary circumstances the City Manager's office may approve
payment in cash at a straight-time rate. The substitute holiday shall not be granted
when an employee is on paid industrial leave.

A unit employee whose regular scheduled day-off falls on a holiday specified in this
Article, and who is called in to work a regular shift on such holiday and scheduled day
off, shall be compensated at 1-1/2 the regular rate for each hour assigned and worked
in addition to the substitute holiday provided above.

B. Vacation Accumulation

Vacation accrual and carryover shall be governed according to the following table:

MONTHLY MAXIMUM MAXIMUM
SERVICE ACCRUAL CARRYOVER PAYOUT

0-5 years 8 hours 192 hours 290 hours
6-10 years 10 hours 240 hours 350 hours
11-15 years 11 hours 264 hours 380 hours
16-20 years 13 hours 312 hours 440 hours
21+ years 15 hours 360 hours 500 hours
C. The parties agree that on all holidays, unit employees whose regularly assigned work
week consists of 4 10 shifts, shall not be required to submit documentation for 2 hours
of paid leave.

Unit employees shall be allowed a vacation buyout twice per calendar year, by
notifying the Department payroll staff in writing of such intent during the month of
either October or April, to be paid on the last paycheck of November and May. The
total annual buyout is up to a maximum of 80 hours taken in no more than 40 hour



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increments, after the employee has accumulated a minimum of 175 hours and has
used 40 hours of vacation/comp-time during the calendar year.

D. Parental/Family Leave

The City will, as a matter of general policy, and subject to operational needs, authorize
up to 3 months of unpaid leave for an employee who is the parent of a newly born or
legally adopted child or any Unit employee who needs to care for an ill family member.
Family members include spouse, children (natural, adopted, foster, or stepchildren),
brother, sister, parents, grandparents, as well as others living in the same household
with the employee. Approval and use of this leave shall be subject to existing
Personnel Rules.

E. An employee may use up to 10 hours of accumulated sick leave in at least one-hour
increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. This will be marked
as “BO” on leave slips. When there is an extreme illness or injury situation where a
life or death question exists involving an immediate family member, an employee may
use up to 5 days of accumulated sick leave. (This should not be construed as
bereavement leave under Personnel Rule 15g). This will be marked as “BN” on leave
slips.

In addition, employees may have dependent care situations where the above leave is
insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an immediate
family member up to a maximum of 5 incidents not to exceed a total of 40 hours each
calendar year.

For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave management
program, up to a maximum total of 7 incidents per calendar year. An incident is defined
as an absence from work, regardless of the length of time.

An immediate family member is defined as the employee’s spouse, qualified domestic
partner, mother, father or child. A child is defined as a biological, adopted, foster or
stepchild, legal ward, or a child of a person standing in place of a parent. A brother,
sister, grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member.

F. Leave Donations



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Unit employees may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness or injury of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father, or child. A child is defined as a biological, adopted, foster or stepchild, legal
ward, or a child of a person standing in place of a parent. A brother, sister,
grandparent, or in-law who is living with the employee under his/her care is also
defined as an immediate family member. Requests to receive such leave
contributions will require a completed doctor’s certification.



Section 5-6. Tuition Reimbursement

A. Unit Employees who participate in the Tuition Reimbursement Program shall be
eligible for tuition reimbursement pursuant to the following provisions:

1. The maximum sum reimbursable to unit employees each MOU year shall be
$6,500.

2. To be eligible for any reimbursement, unit employees must have successfully
completed academic or training courses approved by the department and the
Human Resources Director as provided in existing Administrative Regulations.

B. Tuition Reimbursement, in accordance with this Article, shall be made in the event an
employee’s approved course of instruction is terminated by the educational institution.
Tuition reimbursement shall not occur in the event of any voluntary termination of
employment by the employee.

C. The City will reimburse unit employees for expenses incurred as a result of requiring
and maintaining certification required by the City. The City will not reimburse unit
employees for classes the City provides at no cost, or for classes the City identifies
for unit employees to be taken at no cost.

D. Unit employees shall be allowed to utilize up to $150 to attend one-day, in-state, City-
related seminars/training.



ARTICLE 6: MISCELLANEOUS

Section 6-1. Saving Clause

Page 150
A. If any article or section of this MOU should be held invalid by operations of law or by
a final judgment of any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this MOU shall not be affected thereby.


Section 6-2. Copies of MOU

A. Within 60 days after this MOU is adopted by the City Council, the Union will arrange
for printing of jointly approved copies of it for furnishing one to every unit employee,
unit supervisor and to management personnel. The costs of such duplication and
distribution will be borne equally by the Union and the City.

B. Printing vendors secured by the Union shall comply with Chapter 18, Articles IV (City
Construction Contractors' Affirmative Action Requirements) and V (Supplier's and
Lessee's Affirmative Action Requirements), Phoenix City Code.



Section 6-3. Aid to Construction of Provisions of MOU

A. The provisions of this MOU shall be in harmony with the rights, duties, obligations and
responsibilities which by law devolve upon the City Council, City Manager, and other
City boards and officials, and these provisions shall be interpreted and applied in such
manner.

B. The lawful provisions of this MOU are binding upon the parties for the term thereof, it
being understood that the Union is precluded from initiating any further meeting and
conferring for the term thereof relative to matters under the control of the City Council
or the City Manager.



Section 6-4. Part-Time Employees

Hourly paid unit employees, excluding seasonal and temporary employees, who have
worked a minimum of 50 hours in each pay period for 26 consecutive weeks shall be
entitled to the same benefits for authorized work on holidays as received by regular full-
time unit employees. In addition, such employees shall receive vacation credits prorated
for the number of hours worked after the qualifying period is satisfied. Vacation credits
shall be calculated and paid in cash in December and June. These hourly-paid employees



Page 151
shall be considered for advancement from Pay Step 1 to Pay Step 2 after completing
1,040 hours of work in Step 1 and for advancement from Pay Step 2 to Pay Step 3 after
working 2,080 hours in Pay Step 2.

Hourly paid unit employees who have worked a minimum of 50 hours in each pay
period for 26 consecutive weeks shall be entitled to the same benefits as received by
regular full-time unit employees. Members that meet these requirements shall be
eligible for participation in the City's Health, Life, and Dental insurance programs. The
City's premium participation will be the same as that provided for full-time employees.
Continuation of participation under these plans will be determined by reviewing the
average hours worked in the prior 12-month period every calendar year on October 1.
This qualifying period will be determined for the following benefit year effective January
1. If the employee separates from City employment, the participation will cease.

Part-time employees are allowed an hours reduction of up to 2 weeks in one pay period
in the (26 week qualifying period and each period thereafter, without impacting their
eligibility to participate in the part-time employees’ benefit programs.



Section 6-5. Term and Effect of MOU

A. This Memorandum shall remain in full force and effect commencing with the beginning
of the first regular pay period in July 2019, up to the beginning of the first regular pay
period commencing in July 2021. In compliance with the Meet and Confer Ordinance
(Phoenix City Code Chapter 2, Article XVII, Division 1) as may be amended, on or
before December 1, 2020, LIUNA 777 shall submit its proposed memorandum of
understanding for the next contract period.

B. Except as expressly provided in this MOU, the City shall not be required to meet and
confer concerning any matter, whether covered or not covered herein, during the term
or extensions thereof.

C. The provisions of this MOU shall be subject to Federal, State and local law that vests
jurisdiction and authority in other public boards and officials, including the City Council,
Phoenix Employment Relations Board, Phoenix Civil Service Board, City Manager and
Department Managers, or determines issues contrary to the provisions hereof.

D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions. All side agreements executed during this MOU contract period will expire



Page 152
on or before the contract end date unless incorporated into the MOU or extended by
mutual agreement. Any supplement, amendments, or modifications to this MOU which
are mutually agreed upon must be reduced to writing and signed by both parties.





Page 153
IN WITNESS WHEREOF, the parties have set their hands this

____ of April, 2021



______________________________________________________________________
Jennifer Grøndahl, LIUNA Local 777 Representative


______________________________________________________________________
Ashley Pritchett, Deputy Human Resources Director, City of Phoenix


______________________________________________________________________
Ed Zuercher, City Manager, City of Phoenix


ATTEST:


______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED AS TO FORM:


______________________________________________________________________
Acting City Attorney, City of Phoenix




LIUNA 777 Team: City of Phoenix Team:
Jennifer Grøndahl Ashley Pritchett, Human Resources
Robert Reidenbach Larry Polk, Parks and Recreation
Daniel Salinas Chris Ewell, Street Transportation
Wilfredo Cancel Felipe Moreno, Public Works
Ronald March Shenal Hooks, Human Resources (Coordinator)
Alexis Petrinovic Melissa Huffman, Human Resources (Scribe)
Jessie Martinez





Page 154



Report

Public Comment on Proposed MOU Between City of Phoenix and Phoenix Law
Enforcement Association, PLEA (Unit 4)

Request for City Council to receive public comment on the terms of the proposed
Memorandum of Understanding (MOU) with the Phoenix Law Enforcement
Association, PLEA (Unit 4).

Section 2-218 (G) of the Meet and Confer section in the City Code provides that a
proposed MOU be filed with the City Clerk following its ratification by the employee
organization and, "At the earliest practicable date thereafter the City Council of the City
of Phoenix shall provide on its agenda an opportunity for public comment on the terms
of the Memorandum of Understanding prior to the Council acting thereon."

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.




Page 155



Report

Approving the Memorandum of Understanding Between City of Phoenix and
Phoenix Law Enforcement Association, PLEA (Unit 4) (Resolution 21914)

The City of Phoenix has met and conferred with the Phoenix Law Enforcement
Association, PLEA (Unit 4), in accordance with the terms of Section 2-218 of the City
Code, and a Memorandum of Understanding (MOU) has been approved by the
organization's membership. A copy of the proposed MOU has been filed with the City
Clerk and an opportunity for public comment has been requested as an agenda item
preceding this resolution.

The following is a summary of the most significant agreements outlined in the
proposed MOU:

TRANSPARENCY
Based on public dialogue about the need for greater transparency and accountability
for city employees, several sections of the contract are modified. These modifications
are proposed consistently through all City of Phoenix employee contracts. Signing
these modifications is tied to an additional compensation increase as described in the
COMPENSATION section. These transparency and accountability modifications are
as follows:

Public warning language:
Remove current language warning public complainants that “any false report in an
attempt to unjustly defame police personnel or place their employment in jeopardy can
result in criminal charges and or civil liability.”

Using vacation time for suspensions:
Remove current language that allows employees to use up to 40 hours of vacation
time toward a suspension.

Police Chief's discretion for pre-termination timing:
Provide the Police Chief discretion for setting a Loudermill (pre-termination meeting)
resulting from arrest for a job-related felony crime.




Page 156

Witness representation language:
Remove language that provides employees identified only as a witness the ability to
meet with the union prior to an interview.

Discipline to remain for employee’s career:
Change current language that allows discipline to be considered up to 5 years for
progressive discipline, transfers, and promotions. Under this agreement, 10
categories of discipline will last for the life of employment. These are shown in the
attached agreement.

Representation on Grievance Committees:
Update current language that rotates other labor groups on grievance committees to
ensure an impartial review.

Purging Files:
Update current language on purging/inactivating files to accurately reflect that the
official Human Resources file is not purged.

COMPENSATION
PLEA is proposed to receive the same percentage increases of total compensation as
the other labor groups as follows:

Year 1:
Ongoing 1.5% of total compensation
Non-continuous 2.5% of total compensation

Additional compensation for agreeing to the City’s transparency and accountability
proposals:
Ongoing 0.5% of total compensation
Non-continuous 0.5% of total compensation

Year 2:
Ongoing 1.5% of total compensation
Non-continuous 2.5% of total compensation

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.




Page 157
MEMORANDUM OF UNDERSTANDING

2021 – 2023

CITY OF PHOENIX

AND

PHOENIX LAW ENFORCEMENT ASSOCIATION

REPRESENTING UNIT 4 EMPLOYEES




Page 158
PREAMBLE .................................................................................................................... 4

ARTICLE 1: RIGHTS ...................................................................................................... 4
SECTION 1-1: PURPOSE/GENDER ...............................................................................................................................4
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .........................................................................................................4
SECTION 1-3: RIGHTS OF ASSOCIATION .....................................................................................................................6
SECTION 1-4: RIGHTS OF UNIT MEMBERS................................................................................................................ 11
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS........................................................................................... 20
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 21
SECTION 2-1: GRIEVANCE PROCEDURE ................................................................................................................... 21
SECTION 2-2: LABOR-MANAGEMENT COMMITTEE .................................................................................................. 25
SECTION 2-3: ........................................................................................................................................................... 26
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 26
SECTION 3-1: WAGES .............................................................................................................................................. 26
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY............................................................................................... 27
SECTION 3-1B: CAREER ENHANCEMENT PAY.......................................................................................................... 29
SECTION 3-1C: TRAINING PAY ................................................................................................................................ 29
SECTION 3-1D: COMPENSATION FOR INTERPRETING AND TRANSLATION BY SWORN POLICE OFFICERS .................. 30
SECTION 3-2: OVERTIME ......................................................................................................................................... 31
SECTION 3-2A: COURT TIME OVERTIME ................................................................................................................. 32
SECTION 3-2B: CALL-OUT PAY ............................................................................................................................... 33
SECTION 3-3: OUT-OF-RANK PAY ........................................................................................................................... 34
SECTION 3-4: SICK LEAVE CONVERSION AT RETIREMENT ....................................................................................... 35
SECTION 3-4A: SICK LEAVE PAYOUT ...................................................................................................................... 36
SECTION 3-5: NIGHT SHIFT DIFFERENTIAL/WEEKEND SHIFT DIFFERENTIAL ........................................................... 36
SECTION 3-6: STAND-BY PAY ................................................................................................................................. 37
SECTION 3-6A: COURT TIME STANDBY PAY ........................................................................................................... 37
SECTION 3-7: OFF-DUTY EMPLOYMENT .................................................................................................................. 38
SECTION 3-8: JURY DUTY ........................................................................................................................................ 38
SECTION 3-9: DEFERRED COMPENSATION AND DEFINED CONTRIBUTION PLANS .................................................... 38
SECTION 3-10: NON-DIRECT PAYMENT OF COMPENSATION OR BENEFITS............................................................... 39
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 39
SECTION 4-1: WORK SCHEDULES ............................................................................................................................ 39
SECTION 4-2: SENIORITY ......................................................................................................................................... 42
ARTICLE 5: BENEFITS ................................................................................................ 42
SECTION 5-1: HEALTH INSURANCE .......................................................................................................................... 42
SECTION 5-1A: RETIREE HEALTH INSURANCE......................................................................................................... 43
SECTION 5-2: DENTAL INSURANCE .......................................................................................................................... 43
SECTION 5-3: LIFE INSURANCE ................................................................................................................................ 43
SECTION 5-4: LONG-TERM DISABILITY INSURANCE ................................................................................................ 44
SECTION 5-5: HOLIDAYS AND VACATION LEAVE .................................................................................................... 44
SECTION 5-5A: OUT-OF-STATE VACATION RECALL ................................................................................................ 47
SECTION 5-5B: MILITARY LEAVE ............................................................................................................................ 47
SECTION 5-6: UNIFORM, CLOTHING AND EQUIPMENT ALLOWANCE ........................................................................ 48
SECTION 5-7: REIMBURSEMENT FOR EDUCATION EXPENSES ................................................................................... 52
SECTION 5-8: LEAVE OF ABSENCE ........................................................................................................................... 52
SECTION 5-9: WORKERS’ COMPENSATION ............................................................................................................... 53
ARTICLE 6: MISCELLANEOUS .................................................................................. 53
SECTION 6-1: SAVING CLAUSE ................................................................................................................................ 53
SECTION 6-2: COPIES OF MEMORANDUM................................................................................................................. 54
SECTION 6-3: AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING ............................. 54


Page 159
SECTION 6-4: CHANGES IN DEPARTMENT OPERATIONS ORDERS PURSUANT TO THIS MEMORANDUM ..................... 54
SECTION 6-5: PHYSICAL FITNESS ............................................................................................................................. 55
SECTION 6-6: TERM AND EFFECT OF MEMORANDUM .............................................................................................. 55
ATTACHMENT A .......................................................................................................... 58

ATTACHMENT B .......................................................................................................... 59

ATTACHMENT C .......................................................................................................... 60




Page 160
Preamble
WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code in order to reach agreement concerning wages, hours, and working conditions
of employees in the Police Officers Unit, and

WHEREAS the parties hereby acknowledge that the provisions of this Memorandum are
not intended to abrogate the authority and responsibility of City government provided for
under the statutes of the State of Arizona or the Charter or ordinances of the City of
Phoenix except as expressly and lawfully limited herein,

NOW THEREFORE, it is agreed that this Memorandum of Understanding (hereinafter
“Memorandum”) shall be submitted to the City Council of the City of Phoenix for its
consideration.


ARTICLE 1: Rights
Section 1-1: Purpose/Gender

Wherever any words used herein in the masculine, feminine or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.


Section 1-2: City and Department Rights

A. The Association recognizes that the City and the Police Chief retain, whether
exercised or not, solely and exclusively, all express and inherent rights and
authority pursuant to law with respect to determining the level of and the manner
in which the City’s law enforcement activities are conducted, managed, and
administered, and the Association recognizes the exclusive right of Police Chief
to establish and maintain departmental rules and procedures for the administration
of the Police Department during the term of this Memorandum provided that such
rules and procedures do not violate any of the specific express provisions of this
Memorandum.

B. The City and Police Chief have the exclusive right and authority to schedule work
and/or overtime work as required in the manner most advantageous to the City.

C. It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described; nevertheless,
it is intended that all such duties shall be performed by the employee.

D. The Police Chief and City Manager reserve the right to discipline or discharge
employees for just cause, defined as follows, pursuant to the Civil Service laws.
The City reserves the right to lay off personnel of the Department.

Page 161
1. The employer informed the law enforcement officer of the possible
disciplinary action resulting from the officer's conduct through agency
manuals, employee handbooks, the employer's rules and regulations, or
other communications to the officer or the conduct was such that the
officer should have reasonably known disciplinary action could occur.

2. The disciplinary action is reasonably related to the standards of conduct
for a professional law enforcement officer, the mission of the agency, the
orderly, efficient or safe operation of the agency, or the officer's fitness
for duty.

3. The discipline is supported by a preponderance of evidence that the
conduct occurred.

4. The discipline is not excessive and is reasonably related to the
seriousness of the offense and the officer's service record.

E. The City and the Police Chief shall determine assignments and establish methods
and processes by which assignments are performed. This is not grievable under
the MOU.

F. The City and Police Chief shall have the right to transfer employees within the
Police Department in a manner most advantageous to the City. This is not
grievable under the MOU.

G. Except as otherwise specifically provided in this Memorandum, the City and the
Police Chief retain unqualifiedly all rights and authority to which by law they are
entitled.

H. The City shall have the authority without prior meeting and conferring to effect
reorganizations of the Police Department.

I. The Association recognizes that the City has statutory and Charter rights and
obligations in contracting for matters relating to municipal operations.

J. The Association pledges cooperation to the increasing of departmental efficiency
and effectiveness. Any and all rights concerning the management, organization,
and direction of the Police Department and the police force, including those set
forth in this Memorandum, shall be exclusively the right of the City and the Police
Chief unless otherwise provided by the express terms of this Memorandum as
permitted by law.

K. The inherent and express rights of the City and the Police Chief, including those
herein specifically referred to, which are not expressly modified or restricted by a
specific provision of this Memorandum, are not in any way, directly or indirectly,
subject to the Grievance Procedure herein.



Page 162
Section 1-3: Rights of Association

A. The Association, as the authorized representative, has the exclusive right to
serve as the meet and confer representative of all employees in the Police
Officers Unit as described in the City Code.

Under no circumstance shall the department create or request unit members to
sign or agree to individual employment contracts without mutual agreement with
the Association. Unit members will still be required to sign for receipt of materials.

B. Union Release:
The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and the Association have
negotiated six full-time release positions, and release hours, as an efficient and
readily available point of contact for addressing labor-management concerns.
Examples of work performed by the release positions in support of the City
include ensuring representation for unit employees during administrative
investigations and grievance/disciplinary appeal meetings with management;
participating in collaborative labor-management initiatives that benefit the City
and the unit members; serving on Police Department task forces and
committees; facilitating effective communication between City and Department
management and unit employees; assisting unit members in understanding and
following work rules; and administering the provisions of the Memorandum of
Understanding. The cost to the City for these release positions, including all
benefits, has been charged as part of the total compensation contained in this
agreement in lieu of wages and benefits.

1. Full-Time Release Positions:

a. The 6 full time release positions shall be sworn, full time, paid police
officers of the Phoenix Police Department, who will at all times remain
qualified to perform such duties as are normally expected and required of
a municipal police officer in the City of Phoenix, Arizona. These 6 full time
release positions will receive their regular salary including fringe benefits,
and the employer shall make all employer contributions to the Public
Safety Personnel Retirement System required by law so as to maintain
their full eligibility under the Public Safety Personnel Retirement System.

b. The 6 full time release positions shall participate in all appropriate training
requirements necessary to maintain membership in the department,
including all training mandated by the Arizona Peace Officers Standards
and Training Board (AZ POST).

c. The 6 full time release positions agree to be bound by the City’s and the
Police Department’s rules, regulations, and operations orders, including
but not limited to proper notification when utilizing sick or vacation leave.



Page 163
The full time release employees may be subject to disciplinary action for
violations of any such rules, regulations, general or operations orders.

d. The 6 full time release positions may work supplemental overtime shifts
consistent with the processes and policies set in place by the Phoenix
Police Department for all sworn police officers. Employees will submit all
overtime slips to their current supervisor to ensure that overtime is being
used appropriately.

2. Association Representatives:

The Association may designate up to 42 representatives and shall notify the
Police Chief and Labor Relations in writing of such designations as they
occur. There shall be no obligation on the City to change or adjust normal
departmental scheduling or assignments of personnel as a result of such
designations or as changes occur.

Every quarter, PLEA will provide a list of stewards that will be posted.

a. Up to two PLEA representatives may, when the Association is designated
by the unit member as his representative, attend mutually scheduled
grievance meetings, Use of Force Boards, Disciplinary Review Boards,
IRP Meetings, and hearings with department representatives and hearings
scheduled and conducted by the Civil Service Board without loss of pay or
benefits. Up to two PLEA representatives may attend hearings with the
department representative if more than one department representative is
in attendance. Paid release time used for any other purposes, such as
gathering information, interviewing the grievant/appellant or witnesses, or
preparing a presentation shall be charged against the bank of release
hours as described in Section 1-3 D. PLEA representatives are required to
obtain the permission of their non-unit supervisor to absent themselves
from their duties to attend scheduled meetings and provide representation.

b. When new work units, precinct(s)/bureau(s) are created, the Association
may designate up to 1 additional representative per bureau and up to 3
additional representatives per precinct. The increased number will be
consistent with current practice and will be based solely on the addition of
new work unit(s). Any deviation from the above will be discussed at a
Labor-Management meeting.

3. Bank of Release Hours:

A bank of 1,859 hours of paid Association release time shall be created per
M.O.U. year for use by the Association to engage in legitimate Association
business. PLEA will utilize best efforts to provide advanced notice of the
use of these hours to Labor Relations so the affected chain of
commands can be notified. In all instances, PLEA will provide Labor
Relations with notice of hours used. The cost to the City for these release

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hours, including fringe, has been charged as part of the total compensation
contained in this agreement in lieu of wages and benefits. Examples of how
these hours are used by the Association include:

a. For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations
pursuant to Chapter 2, Article XVII (Employer-Employee Relations),
Phoenix City Code.

b. For unit members to attend seminars, meetings, training classes and
conferences so that representatives better understand issues such as City
policies and practices, conflict resolution, labor-management partnerships,
and methods of effective representation.

c. For Association representatives to communicate with members,
investigate grievances or prepare for hearings. A PLEA representative
wishing to enter a work area for the purpose of investigating a formal
grievance must first gain the permission of the work area supervisor. This
permission will not be unreasonably withheld, giving proper consideration
to essential work of the department and the occupational safety of the
PLEA representative. When requesting a meeting with the work unit/site
supervisor, the PLEA representative will inform the supervisor of the
purpose of the meeting. PLEA representatives will attempt to schedule an
appointment in advance whenever possible. One additional PLEA
representative may be allowed to attend such meetings for training
purposes.

Approval for use of paid release time hereunder shall be subject to
Departmental operational and scheduling factors. When using such paid
time, Association representatives and members of the Executive Board
shall give at least 24 hours written notice in advance.

In recognition of the mutual benefit to both the City and the Association, a
unit member using Association release time as defined by Articles in this
MOU to conduct Association business shall be accorded all insurance-
related benefits. Approval of claims made for benefits will be determined
on a case by case basis.

Any hours used in excess of the bank must be approved by the Police
Chief, the Labor Relations Administrator, and the PLEA president. The
number of hours used in excess of the bank at the end of the contract
term will be deducted from the bank at the start of the first year of the
following contract. Unused hours will be carried over into the first year of
the next contract.

C. The president may appoint a legislative representative for the Association if the
legislative representative is registered with the Secretary of State as a lobbyist
and if the legislative representative has agreed to work with and assist the city’s


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legislative lobbyist. The legislative representative shall receive 500 hours of
release time per MOU year.

D. A member of the Executive Board of the Association, or a designated PLEA
representative, will, with the approval of the Police Chief or his designee, subject
to 24 hours written notice in advance, be authorized to engage in Association
related activities during City work hours on a non-paid basis. Approval for such
authorization for more than 2 Executive Officers or Board members of the
Association or designated shift representatives is subject to 48 hours written
notice in advance. Approval for use of unpaid time hereunder shall be subject to
Department operational and scheduling factors and administration control as to
usage of such time, but shall not be arbitrarily withheld. There shall be no use of
official paid time for Association related activities under this paragraph.

E. Upon the Association’s filing of a Third Party Data Sharing Agreement with the
Labor Relations Division, during the term of this Memorandum, upon request,
the City shall furnish to the Association bimonthly at no cost a listing of all unit
members, indicating name, mailing address, phone number and assignment.

F. The City shall deduct monthly from the pay warrants of Association members the
regular periodic Association membership dues and/or special assessments in
accordance with Chapter 2, Article XVII (Employer-Employee Relations), Phoenix
City Code and pursuant to the City’s existing dues deduction authorization form
duly completed and signed by the Association member, and transmit such
deductions to the Association on a monthly basis; except, however, that such
deduction shall be made only when an Association member’s earnings for a pay
period are sufficient after other legally required deductions are made. The City
shall, at the request of the Association, make changes in the amount of the
deduction hereunder during the term of this Memorandum at cost for
implementing such change. The City shall not make dues deductions for unit
members on behalf of any other employee organization as defined in Chapter 2,
Article XVII (Employer-Employee Relations), Phoenix City Code during the term
of this Memorandum. The City assumes no liability on account of any action
taken pursuant to this paragraph.

G. The Association is authorized to use mutually agreed upon non-work areas in
City facilities for pick-up by or distribution to unit members of official Association
literature that is not political in nature, abusive of any person or organization, or
disruptive of the department’s operations, it being understood and agreed,
however, that such activity shall not be done during the on-duty time of any unit
member. The Association may, using its own resources, use the mailboxes at
work locations to communicate with unit members. The association may use
Inter-departmental mail to communicate with unit members on two occasions a
year.

H. The Association and the Department will jointly present a 4-hour Employee
Wellness course to recruits who are expected to become sworn police
officers. Immediately following, the Association will be allowed 1 hour to talk to


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and possibly sign newly sworn police officers into the Association and to explain
the rights and benefits under the MOU. This time will be allotted prior to
reporting for the first patrol training shift at the offices of the Association. The
content of such information shall not be political in nature, abusive of any person
or the Department or disruptive of the Department’s operation. Curriculum will
be jointly approved with the Training Bureau Division Chief.

I. It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any
hours or fractions of hours spent outside the unit member’s work shift in pursuit
of benefits provided by this Article. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.

J. Any unit representative attending any IRP, DRB, UFB, DAC, or any other review
board will be allowed to adjust their work schedule by an equal amount of time
spent in the meeting. The adjustment will require the approval of the
representative’s supervisor with operational consideration. Approval will not be
unreasonably withheld.

K. In the interest of encouraging continuing education for unit members, the
department will mail to the Association president the AZ POST calendar and all
other job related seminar notices it receives.

L. The Association will have 2 PLEA positions, designated in writing, on continuous
paid stand-by for the mutual benefit of both the City and the Association to
respond to critical incidents as needed. No member will be placed on stand-by if
the member is not available for call-out. If call-out occurs, overtime will be paid in
accordance with Article 3, Section 3.2.

M. Upon written request from the Association, the City will provide specific
information pertinent to a written grievance, arbitration case, or Civil Service
appeal. The City will also provide pertinent collective bargaining information. This
material will be supplied to the Association at no cost.

N. To improve communication and relationships between labor and management,
the Association will be allowed an opportunity to attend one mutually agreed
upon briefing quarterly with each squad to discuss Association business and
issues of mutual concern to labor and management. PLEA will utilize best
efforts to provide advance notice of meeting.

O. The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Police Department task forces and committees,
Labor –Management work groups, and a variety of Health and Safety
committees. These activities take time away from expected tasks such as
representation and communicating with the membership and may occur outside
the regular work day of the Union officials. The full-time release positions agree


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to participate in these important committees and task forces. In recognition of this
commitment, the City agrees to provide a 960 hour bank of compensation for use
by the full-time release positions each MOU year.

P. Unit members who are not Association members at the beginning of the last pay
period in June of each year will receive 3.5 hours of vacation time, in addition to
their normal annual accruals, credited to their vacation leave bank on the second
paycheck in August of that same year. Unit members who are not Association
members at the beginning of the last pay period in December of each year will
receive 3.5 hours of vacation time in addition to their normal annual accruals,
credited to their vacation leave bank on the second paycheck in February of the
following year.

The number of hours distributed to Unit members who are not Association
members will be deducted from the leave banks described in Section 1-3,
beginning with the Section 1-3(C) leave bank, then the Section 1-3(B)(3) leave
bank, and then the Section 1-3(O) leave bank. If there are not enough hours in
the leave banks to refund the hours to Unit members who are not Association
members, the Association will reduce the number of full-time release positions for
the remainder of the six-month period. The value of each reduced full-time
release position will be converted to hours and credited to the Section 1-3(B)(3)
leave bank.

On or before the second paycheck in August and February, the City will provide
Unit members who are not members of the Association “opt in” forms, to be
approved by the Association, allowing them to donate vacation leave to be
deposited into the Section 1-3(B)(3) leave bank. At any time during the term of
this MOU, any Unit member may request this “opt in” form in order to donate
vacation time in the manner above-described.

Q. As the certified unit 4 bargaining unit, the Association will be notified
electronically of Use of Force Boards and Disciplinary Review Boards at the
time of scheduling.


Section 1-4: Rights of Unit Members

A. A unit member has the right to have the Association serve as his meet and confer
representative as set forth in Chapter 2, Article XVII (Employer-Employee
Relations), Phoenix City Code.

B. A unit member has the right to be represented by the Association in dealings with
the City concerning grievances and matters pertaining to his individual
employment rights and obligations.

1. If a unit member requests, representation will be allowed when the member is
the subject of an administrative investigation by Professional Standards
Bureau, any Police Department supervisor, or other City employee who is

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conducting an investigatory interview. The City will notify the Association who
will obtain the most readily available unit Association representative, who must
be a bargaining unit member. The unit representative will make every
reasonable attempt to arrive within one hour from the time a phone is made
available to the unit member. Management will make a concerted attempt to
release the association representative giving the consideration of the
departments’ and the associations’ scheduling concerns. The unit Association
representative may make a request for a caucus prior to, during, or after the
interview to bring to the investigator's attention issues which may be violations
of the MOU as set forth in this Memorandum or questions outside the scope of
the N.O.I. Prior to the conclusion of the meeting, the member, or representative
on behalf of the employee, will have the opportunity to make a closing
statement.

The Union representative may assist and consult with the employee, attempt
to clarify the facts or questions asked, and suggest other employees or
witnesses who may have knowledge of the underlying issues. The Union
representative may not turn the meeting into an adversarial proceeding, unduly
disrupt the interview, interfere with the objective of the examination, or
compromise the integrity of the interview. The Union representative may not
interrupt the employee’s response to a question, speak on behalf of the
employee, or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.

During the interview, the interviewer may insist that he is only interested in
hearing the employee’s own account of the matter under investigation at that
time. The interviewer may not prohibit the Union representative from engaging
in meaningful representation, including assisting and consulting with the
employee.

2. The interview session shall be a reasonable period of time, taking into
consideration the gravity and complexity of the misconduct being investigated.

3. Prior to conducting an administrative interview, the City/Department will
consider the necessity of interviewing a Unit Member who is impaired by
alcohol or drugs. If the City/Department deems an immediate administrative
interview is not necessary, it will/may be scheduled at a later time.

4. At the time of the scheduled interview by Professional Standards Bureau, a
Police Department Supervisor, or other City Employee, the investigator will
make available for review to the unit member and/or his representative any
material that is being used as the basis for an allegation of misconduct. Material
includes any video, audio, photographs, or documents at the time the internal
investigation is initiated, and which is specifically related to the conduct of the
unit member under investigation. Material does not include audio recorded
interviews of witnesses, or investigative leads captured during the investigative
process. All materials will be made available to the unit member and/or his


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representative in the draft investigation prior to the investigative review process
(IRP). .

For investigations related to critical incidents such as officer involved
shootings, in-custody deaths, and/or police contract that result in serious
physical injury or death, Body Worn Camera (BWC) video will be made
available to a unit member prior to his administrative (PSB) interview if the
unit member first completes the criminal interview process with criminal
investigators. The parties understand that there are inherent limitations to
BWCs and memory. They also recognize that the inability to review BWC
video can impact reporting accuracy.

During the course of the administrative investigation, the investigator will not
knowingly misrepresent any fact or material issue to the unit member.

Prior to interviewing an involved employee, an Internal Investigation
Material List form documenting what materials, the investigating
supervisor or PSB investigator provided to the involved employee will be
completed.

5. A unit member under investigation, and the association, will be notified in
writing every 3 months as to the current status of the investigation. This will
include a brief description of the number of known witnesses still to be
interviewed and other investigative processes remaining to be completed, as
well as an estimated date of completion.

6. If a Professional Standards Bureau (PSB) investigation has not been
completed within 180 days, the unit member may request that the PLEA
grievance chair meet with the PSB Division Commander to discuss the status
of the investigation.

7. When a draft investigation is provided to a Unit member, it will contain an
explanation of the member’s right to review the investigation within the time
period provided in Ops Order 3.19 before signing the investigative review
control form.

8. If changes are made to an investigation after an IRP, the unit member and
representative will be provided with a revised draft of the investigation. The
unit member will have up to 5 business days to review the revised draft, and
may attach a rebuttal, before signing an IRC form.

9. If new information is added, outside what was discussed during the IRP, to the
draft investigation, the member reserves the right to have an additional IRP to
discuss the new information. The additional IRP will only be afforded to
specifically discuss the added information, not to revisit items already
discussed in the initial IRP. The additional IRP will be scheduled and
completed within 7 calendar days, unless mutually agreed upon in writing prior
to the deadline.


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10. As the certified bargaining unit for all unit 4 members, all finalized investigations
(that the unit member has authorized via a checkbox on the IRC form) will be
provided to the Association monthly.

C. A unit member has the right to present his own grievance, in person or by legal
counsel.

D. Unit members are entitled to representation if an overall "Not Met" performance
evaluation is appealed and is at the Executive Level (Assistant Chief or Chief) or
when management has more than one representative at the meeting to discuss
the appeal of the performance evaluation.

E.
1. A unit member covered hereunder shall, on his request and by appointment,
be permitted to examine his departmental or divisional personnel file, in the
presence of an appropriate supervisory official of the Department. The unit
member may be accompanied by another person of his choosing. When a city
directed work fitness/job performance medical evaluation process is
completed, the employee may request his/her medical information from the city
doctor. The city agrees to give the city doctor a release to give the information
to the requesting employee.

2. No unit member shall have any adverse comments entered into his
departmental or divisional personnel file without the member being informed by
a supervisor. If the unit member requests, he may receive a copy of the adverse
comment.

3. A unit member may, at his discretion, attach rebuttal statements to any material
contained in his departmental or divisional personnel file which may be adverse
in nature.

4. Discipline older than 5 years from the date of issuance will not be
considered for progressive discipline or promotion/transfer purposes
except for the following types of discipline, which may be considered for
the duration of employment (and upon the employee's return to
employment, if applicable):

Final sustained discipline of suspension or higher of the following;

• The employee has been abusive or threatening in attitude, language,
or conduct towards fellow employees;
• The employee has solicited or taken for personal use a fee, gift or favor
in the course of the assigned work or in connection with it, which
would lead toward favoritism or the appearance of favoritism or a
conflict of interest;
• The employee has intentionally falsified records or documents made,
kept, or maintained for or on behalf of the City of Phoenix;


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• The employee has stolen or is in unauthorized possession of City
property or the property of another employee or citizen;
• The employee is under the influence of alcohol or illegal drugs on the
job;
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies;
• The employee committed a violation of the City's Ethics Policy;
• The employee committed an act of dishonesty;
• The employee committed an act meeting the elements of a felony; or
• The employee has committed a Class 3 violation of use of force.

5. A Supervisory Counseling is a documented warning presented to the
employee for signature. The effective date for any applicable appeal will
start from the date that the employee signs the Counseling.

6. Once a unit member has been disciplined, no further disciplinary action may be
imposed for the same specific allegation during the same incident of
misconduct. If a unit member has received a coaching for the same incident, it
may be considered as a mitigating factor in the final determination of discipline.
A unit member may be subjected to additional discipline if further investigation
reveals additional allegations arising from the same incident.

F. A unit member and his Association Representative shall have the right to appear
before the departmental Disciplinary Review Board when disciplinary matters are
brought before the Board involving the unit member.

1. The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against him.

2. The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date,
time, violation(s) and basis of each violation that has been sustained. In
addition, the unit member, if he chooses, may meet with his immediate
supervisor along with his second level supervisor or the unit member’s
Bureau/Precinct Commander for the purpose of discussing the basis of each
violation to be reviewed by the DRB. If the immediate supervisor conducted the
investigation, the unit member, if he chooses, may meet with the next
supervisor in his chain of command. Such request shall be made in writing to
the unit member’s immediate supervisor. Also, the unit member, if he chooses,
may be accompanied by an Association representative at either meeting.

a. At the IRP meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation. Realizing that in some cases
there may be information that would be detrimental to the department’s
ability to conduct misconduct investigations, that information may be
deleted. However, all other information will be available for review.




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3. The unit member under investigation may request a copy of the DRB
information at no cost. The DRB information will be made available to the unit
member or his representative at the same time the unit member is served with
the DRB notice. Any written or electronic material to be presented by the
employee or his representative to the DRB shall also be given to the
department in a reasonable time. The information will be supplied
electronically if possible; if not, it will be supplied in written form. In addition,
the department will supply any audio/video tapes and computer graphics which
have been produced.

4. The unit member may, at his discretion, appear before the Board with an
Association representative of his choosing and may state his reasons why the
proposed action is unjustified. The unit member and his representative may
passively observe all presentations made to the board and all responses made
to questions by board members. The unit member and non-board members will
be excluded from the room during board deliberations.

5. The unit member may submit relevant written matter in support of his position.

6. If the unit member requests, representation will be allowed, consistent with
Article 1, Section 1-4(B)(1) of this Memorandum, during Use Of Force Board
(UFB) hearings. A unit Association representative will be allowed to observe all
presentations made to the Board and all responses to questions by Board
members.

a. At least 10 days prior to the convening of the UFB the unit member will be
provided at no cost with a copy of all documentation concerning his
involvement in the matter under investigation that is made available to the
UFB Board members.

b. At the conclusion of the UFB, the Board Chair will verbally advise the unit
member and representative of policies violated that support the
recommendation. The unit member and representative will also be provided
a copy of the UFB recommendation submitted to the Chief within 3 business
days.

c. The Association has the right to meet with the Police Chief, or designee,
within 7 business days of the board’s decision, as scheduled by the Police
Chief’s office, to discuss an “out of policy” recommendation by the UFB
before a final decision is rendered.

7. A unit member will be provided written notice of a Loudermill hearing at least 5
working days before the scheduled hearing along with copies of all supporting
documentation. This is to ensure the member will have a meaningful
opportunity to prepare for the hearing. The unit member may submit written
information for the Chief’s consideration in advance of the hearing. At the
hearing, the unit member may present any information the member deems



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relevant, including one character witness to provide a statement. The witness
will not read written statements submitted by others.

a. The timeline for written notice of a Loudermill hearing resulting from
an arrest for a felony crime under color of authority will be at the
discretion of the Police Chief.

8. In recognition of the mutual benefit to both the city and the unit member,
suspensions MAY BE served under the following time limits, at the unit
member’s option. Unit members may serve suspensions of more than 40
hours on an alternating weekly schedule. The city retains the option to deviate
from this provision for suspensions involving sexual harassment, violence in
the work place, felonies, and drugs/alcohol.

G. A unit member under investigation by Professional Standards Bureau or a Police
Department supervisor for a disciplinary matter that may lead to a written
reprimand, suspension, demotion, or discharge, and who is interviewed or
interrogated, or requested to produce any documentation, shall be given a written
Notice Of Investigation (Form 80-58DB) informing him of the specific nature of the
investigation, his status in the investigation, and all known allegations of
misconduct involved in the interview of the unit member. In addition, the unit
member and/or the Police Department supervisor/Professional Standard Bureau
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the
transcription if it is accurate. In the event that the investigator intends to segment
the interview or the interrogation, the NOI will inform the member of the specific
nature and all known allegations pertaining to the portion or portions of the
investigation being covered by the segmented Notice of Investigation.

1. A copy of the signed and dated Notice of Investigation will be given to the unit
member prior to the beginning of the interview. The unit member shall have the
right to retain the NOI for his use throughout the entire course of the interview.

2. The unit member will be provided a copy of all the interview/interrogation in
digital media format.

3. If any unit member is told not to speak to anyone regarding an investigation,
this admonition does not apply to speaking with an attorney functioning within
the attorney-client relationship. In addition, if an accused unit member is told
not to speak to anyone regarding an investigation, this admonition does not
apply to speaking with an Association representative, who may discuss the
matter only with the grievance chairman/Association president or his
designated representative. Once the investigation is completed, any unit
member may speak with an Association representative regarding the incident.
When the investigation is completed, the accused unit member will be notified
in writing of the findings. A unit member under internal or administrative


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investigation may be reassigned (may include reassignment to his home), until
the completion of the investigation.

4. If during the course of the above mentioned investigation, information is learned
concerning additional misconduct on the part of the unit member being
interviewed, an NOI will be issued to the unit member prior to the unit member
being questioned about the additional misconduct information.

5. Investigations alleging serious misconduct and/or issues of veracity will be
investigated by Professional Standards Bureau (PSB) or other appropriate
City entity.

6. Notification regarding the general nature of a Professional Standards Bureau
(PSB) interview at the time of scheduling will be left at the discretion of the PSB
Commander.

7. If any additional NOI’s are served during the course of a misconduct interview
where a PLEA representative is not present (has not been requested), a break
in the interview of up to 1 hour will be granted (if requested) for the employee
to obtain a PLEA representative.

8. The unit member or the unit member’s representative may make a request to
the Chief, or his designee, in unusual circumstances such as a unit member’s
extended duty or hospitalization, to delay the PSB interview for up to 24 hours
after a critical incident.

9. A unit member will not be terminated for the sole reason of having been served
with an order of protection or injunction against harassment unless that court
order precludes the officer from performing their essential functions, including
but not limited to carrying a firearm; until appeal processes have been
exhausted.

H. It is understood by the parties that the benefits granted by this Article, shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the unit member’s work shift in pursuit of
benefits provided by this Article. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.

I. The affected employee attending any IRP, DRB, UFB, DAC, Grievance meeting,
Civil Service Appeal, or any other review board while off duty shall be allowed to
adjust their work schedule by an equal amount of time spent in the meeting. The
adjustment will require the approval of the unit member’s supervisor, with
operational considerations. Approval will not be unreasonably withheld.

J. After a separation notice has been signed by the appropriate authorities, and if the
unit member is given the opportunity to resign, the unit member will have 3 hours
to consult with an Association representative.


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K. A unit member who receives a written reprimand will be provided a copy of the
official documentation, if any, supporting the written reprimand at the time the unit
member receives the reprimand.

L. If the Driving Analysis Committee sends a case to the DRB for review, the unit
member will receive a copy of the facts supporting the DAC position upon request.
Prior to the DAC review, unless the unit member declines, an IRP will be completed
with the unit member’s commander.

M. A unit member seeking an "at request" transfer will only have discipline of a
relevant nature considered in the determination of the transfer using the following
prescribed time frames. The class will be determined by the finalized PSB
investigation.

Written Reprimands: 12 months from date of NOI
Class I Discipline: 12 months from date of NOI
Class II Discipline: 18 months from date of NOI
Class III Discipline: 24 months from date of NOI

N. If a polygraph examination is required of a unit member, an Association
representative may monitor the interview and examination from the monitoring
room. Monitoring will include both visual and audio. A unit member will be allowed
an association representative during the post exam interviews. The PSB
Investigator will also have the right to be present.

O. If an employee is not given their performance evaluation by the annual review
date, the employee may request the merit increase in writing by sending a
memorandum directly to the Human Resources Officer in the Fiscal Management
Bureau. If the performance evaluation is an overall “met,” the request will be
processed within 21 calendar days of submittal and will be retroactive to the
performance evaluation annual review date.

P. Unit members will not be excluded from applying and/or competing in a transfer
process based solely on a pending investigation. The investigation is no longer
considered “pending” once the NOF has been served to the member. However,
the transfer process will not be delayed pending the conclusion of the related
investigation. If a unit member is passed over for transfer based on the pending
investigation, he/she may be eligible for the next available opening depending
upon the outcome of the investigation.

Q. An association member, or the association at the request of the member, may
request the opportunity to discuss a good-of-the-department transfer decision with
the member's Division Commander. The Division Commander will make
him/herself available, but the transfer action will not be delayed based on this
provision. This provision does not apply to transfers made to adjust staffing levels,
reduce staff in a specific area or other similar operational need.



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R. A unit member or their representative may request the opportunity to discuss and
review a transfer that is the subject of a grievance with the Chief or their designee.
The Chief or their designee shall make themselves available to discuss, but the
transfer action will not be delayed based on this provision. The transfer action
could be delayed or reversed at the discretion of the Chief or their designee. (This
paragraph does not apply to at-request transfers or transfers based on a selection
process).

S. If the City overpays a unit member for any reason, the money will be recovered at
the same rate at which it was paid unless total amount is less than $250.00, at
which the entire amount may be recovered in one lump sum.

T. Progressive Discipline time periods will be based on date of the NOI.


Section 1-5: Prohibition of Strike and Lockouts

A. The Association and the unit members covered by this Memorandum recognize
and agree that rendering of police services to the community cannot under any
circumstances or conditions be withheld, interrupted, or discontinued, and to do so
would endanger the health, safety and welfare of the citizens of the City of Phoenix.

B. The Association pledges to maintain unimpaired municipal services as directed by
the City. Neither the Association, nor any unit member, for any reason, will
authorize, institute, aid, condone or engage in a slowdown, work stoppage, strike,
or any other interference with the work and statutory functions and obligations of
the City or the Department. During the term of this Memorandum neither the City
nor its agents for any reason shall authorize, institute, aid or promote any lockout
of unit members covered by this Memorandum.

C. Should any unit member during the term of this Memorandum, and until such time
that it is expressly and legally rescinded, breach the obligations of Section 1-5B,
the City Manager or his designee shall immediately notify the Association that a
prohibited action is in progress.

D. The Association shall forthwith, through its executive officers and other authorized
representatives, disavow said strike or other prohibited action, and shall notify in
writing all Association members and representatives of their obligation and
responsibility for maintaining compliance with this Article, including their
responsibility to remain at work during any interruption which may be caused or
initiated by others. Copies of such notification shall be delivered to the office of the
City Manager. In addition, the Association shall order all unit members violating
this Article to immediately return to work and cease the strike or other prohibited
activity. Such order shall be delivered both orally and in writing to all unit members
violating this Article with copies of the written order to be delivered to the office of
the City Manager.




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E. Penalties or sanctions the City may assess against a unit member who violates
this Section shall include, but not be limited to:

1. Discipline up to and including discharge.

2. Loss of all compensation and benefits, including seniority, during the period of
such prohibited activity.

F. Should the Association during the term of this Memorandum and until such time
that it is expressly and legally rescinded, breach its obligations under this Section,
it is agreed that all penalties set forth in Chapter 2, Article XVII (Employer-
Employee Relations), Phoenix City Code, shall be imposed on the Association, in
addition to any other legal and administrative remedies available to the City that in
its discretion it may elect to pursue.

G. Nothing contained herein shall preclude the City from obtaining judicial restraint or
from seeking damages from the Association, in the event of a violation of this
Section.



ARTICLE 2: Grievance/Arbitration/Labor Management

Section 2-1: Grievance Procedure

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.

A. Informal Resolution

1. As a matter of good labor-management relations, unit members who believe
that they have a bona fide grievance will discuss and attempt to resolve it with
the appropriate lowest level of supervision.

2. If the above informal discussion is held and does not resolve the grievance, the
unit member may file a formal grievance in accordance with the following
procedure.

B. Definition of Grievance

1. A grievance is a written allegation by a unit member, submitted as herein
specified, claiming violation(s) regarding the specific express terms of this

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Memorandum for which there is no other specific and formal method of review.
However, disputes specifically excluded in other Articles of this Agreement from
the Grievance and Arbitration procedure shall not be construed as within the
definition set forth above and shall not be handled in accordance with this
procedure. It is agreed that such excluded disputes are not grievable or
arbitrable under the terms of this Article or under this contract.

2. The City continues to retain the format used for grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall
be null and void, and will not be processed in accordance with this procedure.

4. The City is not under any obligation to accept grievances where the City
Manager has previously decided on the same fact pattern.

C. Procedure

All grievances covered by this Article shall be handled exclusively in the following
manner:

A grievance must be reduced to writing, citing the specific Article and Section of
this Memorandum alleged to have been violated.

1. Step 1

The unit member shall reduce the grievance to writing by signing and
completing the grievance form provided by the City and submit it to the
Commander/Administrator, or designee, within 14 calendar days of the initial
commencement of the occurrence being grieved.

The Commander/Administrator, or designee, may investigate, further
consider, and discuss the grievance with the grievant and the grievant's
representative, if any, as deemed appropriate, and shall, within 14 calendar
days of having received the written grievance, submit a response thereto in
writing to the grievant. The parties by written mutual agreement may move the
grievance to Step 2 of the grievance procedure.

2. Step 2

If the written response of the Step 1 does not result in a resolution of the
grievance, the grievant may appeal the grievance by signing and completing
the City form and presenting it to the division head, or designee within 14
calendar days of the grievant's receipt of the Step 1 response.




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The division head, or designee, may further consider and discuss the
grievance with the grievant and the grievant's representative, if any, as deemed
appropriate, and shall, within 14 calendar days of having received the written
grievance, submit a response thereto in writing to the grievant. The parties by
written agreement may move the grievance to Step 3 of the grievance
procedure.

3. Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee, the
parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be
submitted to Labor Relations within 14 calendar days of receipt of the Step 2
response. Labor Relations shall, within 14 calendar days of the receipt of the
grievance, meet with the department head, or designee, and the grievant and
the grievant's representative, if any, in an attempt to resolve the grievance.
Labor Relations shall then submit a written response to all parties within 14
calendar days of the meeting.

4. Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
a resolution of the grievance, the grievant may, within 14 calendar days of
the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. A Grievance Committee
hearing will be scheduled at which the grievant shall be afforded the
opportunity to fully present his position and to be represented.

The Grievance Committee shall be composed of:

Chairman – A member of the City Manager’s Office designated by the
City Manager.
Member – A City department head on a rotating schedule.
Member – The President of another union, other than the Grievant’s,
representing employees with the City of Phoenix.

The Grievance Committee shall submit findings and advisory
recommendation(s) to the City Manager. The City Manager shall make the
final determination of the grievance and submit it in writing to the grievant
and his designated representative.

b. If the grievant so elects in writing within the above time limit, in lieu of such
hearing the grievance may be reviewed by an arbitrator. The parties, or
their designated representatives, shall agree on an arbitrator, and if they
are unable to agree on an arbitrator within a reasonable time, either party
may request the Federal Mediation and Conciliation Service to submit to


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them a list of 7 arbitrators who have had experience in the public sector.
The parties shall, within 7 calendar days of the receipt of said list, select the
arbitrator by alternately striking names from said list until one name
remains. Such person shall then become the arbitrator. The arbitrator so
selected shall hold a hearing as expeditiously as possible at a time and
place convenient to the parties, and shall be bound by the following:

i. The arbitrator shall be bound by the language of this Memorandum and
departmental rules and regulations consistent therewith in considering
any issue properly before him/her.

ii. The arbitrator shall expressly confine him/herself to the precise issues
submitted to him/her and shall have no authority to consider any other
issue not so submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City law.

iv. The cost of the arbitrator and any other mutually incurred costs shall be
borne equally by the parties.

The arbitrator shall submit findings and advisory recommendations to the
City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the grievant and his designated
representative.


D. Time Limits

Failure of City Management representatives to comply with time limits specified in
Paragraph C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment
of the grievance; except however, that the parties may extend time limits by mutual
written agreement in advance of the deadline.

E. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City
of the rights accorded to the Union by the specific terms of Article 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of this Procedure.

F. Group Grievance

When more than one unit member claims the same violation of the same rights
allegedly accorded by this Memorandum, and such claims arise at substantially
the same time and out of the same circumstances, a single group grievance may
be filed in the name of all such members. Such group grievances shall be filed at

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the Step of this Procedure which provides the lowest level of common supervision
having authority over all named Grievants. Each unit member that is a party
Grievant must be named in such group grievance.

G. Employer Grievances

Should they occur as a result of official Union activities or actions, including the
failure to act as required under the terms of this Memorandum, employer
grievances will be presented directly to the Union president or any officer of the
Union within 14 days of the occurrence prompting the grievance. The president,
or designee, shall in each case provide a written answer within 14 days from
receipt of the grievance. Unresolved employer grievances may be submitted to
arbitration pursuant to Step 3 so long as the City pays the cost of the arbitrator.


Section 2-2: Labor-Management Committee

A. There shall be a Labor-Management Committee consisting of up to 6
representatives of the Association and up to 6 representatives of the Department
and City. The purpose of the Committee is to facilitate improved Labor-
Management relationships by providing an informal forum for the free exchange of
views and discussions of mutual concerns and problems as distinguished from
meeting and conferring.

B. The Committee shall meet as needed by union request, quarterly at mutually
scheduled times. Parties may mutually agree to meet more frequently.

C. The City’s Labor Relations Administrator or his designee shall be the Chairman.
The members shall, in advance of a meeting, provide the meeting’s Chairman with
proposed agenda items, and the Chairman shall provide the members with the
meeting agenda in advance of the meeting.

D. Representatives of the Association on the Committee who are unit members shall
not lose pay or benefits for meetings mutually scheduled during their duty time up
to a maximum of 3 hours per unit member per meeting.

E. It is understood by the parties that the benefits granted by this Section shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the unit member’s work shift in pursuit of
benefits provided by this Section. The employer shall count as time worked any
hours or fractions of hours spent within the unit member’s regular work shift in
pursuit of benefits provided by this Article.

F. For a unit member whose regular shift is other than Shift 1, there will be flexibility
in changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of City management or
the Police Chief or designee.



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Section 2-3:

In the spirit of continually developing good labor-management relations all parties
are encouraged to address general complaints at the lowest level of
management in attempt to seek resolution before escalating issues up the chain
of command.



ARTICLE 3: Compensation/Wages

Section 3-1: Wages

A. In year one of this agreement, the economic value of ongoing total compensation
increases will equal 1.5%. Unit 4 employees will also receive a non-continuous
payment equal to the economic value of 2.5% total compensation. Finally, unit
employees will also receive an additional ongoing increase equal to the
economic value of 0.5% of total compensation and a non-continuous
payment equal to the economic value of 0.5% of total compensation for
agreeing to the City’s transparency and accountability proposals. This will
be paid as follow:

1. A 2.40% base wage increase effective the first full pay period in July 2021.

2. A non-continuous payment of 6.38% of base wage in year one, to be paid
out on the first paycheck in December 2021.

In year two of the agreement, the economic value of ongoing total compensation
increases will equal 1.5%. Unit 4 employees will also receive a non-continuous
payment equal to the economic value of 2.5% total compensation. This will be
paid as follows:

1. A 1.81% base wage increase effective the first full pay period in July 2022.

2. A non-continuous payment of 5.33% of base wage in year two, to be paid
out on the first paycheck in December 2022.

The City will evaluate the American Rescue Plan Act and will provide a
(non-specified) percentage of premium pay as allowed by the legislation
and deemed appropriate by the City Council, balancing the needs of the
community and employees in their development of a strategic plan for the
ARPA funds. The strategic plan will follow guidelines provided by the
Department of Treasury. This language will expire at the conclusion of the
2021-2023 MOU.




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B. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Pilot in Command, shall be placed at step one
of Police Officer*Pilot, Job Code 62211, in the pay schedule outlined in Attachment
C.

C. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Rescue Qualified Pilot or PC12 Qualified Pilot,
shall be placed at step one for Police Officer*Rescue Pilot, Job Code 62212, in the
pay schedule outlined in Attachment C.

D. Unit members assigned to the Air Support Unit, and who have achieved and
maintained the qualification level of Unit Certified Flight Instructor, shall be placed
at step one of Police Officer*Flight Instr, Job Code 62213, in the pay schedule
outlined in Attachment C.

E. A unit member assigned to the Air Support Unit, and who has achieved and
maintained the qualification level of Chief Pilot, shall be placed at step one of Police
Officer*Chief Pilot, Job Code 62214, in the pay schedule outlined in Attachment C.

F. Unit members assigned to one of the four described Air Support assignments may
only qualify for and receive pay for one pay step at a time. Example: A unit member
qualified as a Unit Certified Flight Instructor and receiving pay at pay step one of
Job Code 62213 shall not receive the premium pay for any other pay step the unit
member may also qualify for.

G. Unit members designated as Team Leaders on SAU squads will receive an
additional 5% base hourly rate of pay while assigned to this position.

H. It is understood that for implementation purposes, the practice of rounding of
fractional cents shall be done in accordance with accepted mathematical and
accounting principles.

I. When a conflict arises between the Pay Schedule attached hereto as Appendices
and the Pay Ordinance due to mathematical, typographical, or printing error, the
Pay Ordinance shall be the controlling authority.

J. It is the intent of the parties to permanently move the effective date of any wage
increase to the start of the first pay period in July.


Section 3-1A: Productivity Enhancement Pay

In recognition of dedicated public service and overall performance, the City agrees to
implement the following Productivity Enhancement Pay formula for unit members:

A. Pay Benefit:




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1. In December 2021, May 2022, December 2022, and May 2023, a unit
employee who has completed at least 7 years of continuous full-time service
and who meets the additional qualifications specified in this Article shall receive
$80, pro-rated and included each pay period in the qualifying unit member’s
regular pay check, for each full year of continuous full-time service in excess of
6 years, up to a semi-annual maximum of $1,040, annual maximum of $2,080
at 20 years.

2. In December 2021, May 2022, December 2022, and May 2023, a unit
employee at 20 years and one day of continuous full-time service shall receive
$125, pro-rated and included each pay period in the qualifying unit member’s
regular pay check, for each full year of continuous service in excess of 6 years,
up to a semi-annual maximum of $2,000, annual maximum of $4,000 at 22
years or more.

B. Qualifications:

1. A unit member must have completed at least 1 year of continuous full-time
service at the top step in his classification. Employees in step 8 as of July 8,
2002 will receive Productivity Enhancement Pay when they reach one year at
step 8 and maintain their Productivity Enhancement Pay eligibility when they
move to step 9. Employees in step 7 or below as of July 8, 2002 will be required
to complete one year at step 9 to be eligible for Productivity Enhancement Pay.

2. Effective July 1, 1999, a unit member must have completed 7 years of
continuous full-time service. A unit member who has continuous, full time City
service in another classification(s) may apply that time to the 7 year
requirement.

3. A unit member must have achieved the overall performance rating of meets
standards or better on his latest scheduled performance evaluation on file in
the Human Resources Department.

4. A unit member who receives a less than meets standards rating may appeal
that rating by memo through his chain of command to the Police Chief. A unit
member’s eligibility shall be reinstated once the unit member receives a
scheduled or unscheduled performance rating that meets standards.

5. A unit member must be on full-time active status. A unit member on industrial
leave shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the unit member returns to active employment.

C. Terms of Payment:

1. The City will make adjustments to an employee’s Productivity Enhancement
payment within 30 days of the qualifying date.



Page 185
Section 3-1B: Career Enhancement Pay

Effective July 14, 2008, Career Enhancement Pay (CEP) will be paid to qualified unit
members at the levels fixed below:

1. CEP Level 1 pay shall be $1,903.20 per year ($73.20 per pay period).

2. CEP Level 2 pay shall be $3,806.40 per year ($146.40 per pay period).

3. CEP Level 3 pay shall be $5,709.60 per year ($219.60 per pay period).

4. CEP Level 4 pay shall be $7,612.80 per year ($292.80 per pay period).


Section 3-1C: Training Pay

A. Master Field Training Officers (FTOs) whom the department selects to conduct
department-approved officer field training; will receive an additional 5% of their
base hourly rate of pay for every day they are assigned to an officially authorized
field training position.

B. Field Training Officers who train in place or unit member assigned to train an
O.I.T. in traffic/DUI enforcement will receive 5% base hourly rate of pay for every
day the unit member actually trains.

C. Unit members assigned to the Canine Unit, who have achieved and maintain the
qualifications for the position of Canine Unit Trainer, will receive an additional 5%
of their base hourly rate of pay for every day they are assigned to an officially
authorized Canine Unit Trainer Position. The following is a list of requirements to
receive payment as a Canine Unit Trainer:

1. The unit member must be, or be designated by the Department to become,
certified by an outside association to train police service dogs. The certifications
include patrol, narcotics detection and/or explosive detection.

2. Training being provided must include basic level training for canines and
handlers assigned to the unit. This section is not meant to include a canine
handler training only his or her assigned canine; it is meant for those who
provide basic and in service training to other canine teams in the unit.

3. An officially authorized Canine Unit Trainer Position must include responsibility
for proper written evaluation of each canine and handler being trained.

D. Detectives whom the department selects to conduct department-approved
new Detective training; will receive an additional 5% of their base rate of pay
for every day the Detective is training.



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Section 3-1D: Compensation for Interpreting and Translation by Sworn Police
Officers

A. Purpose

1. This regulation is written to provide guidelines for adjusting the compensation
of sworn police officers who are authorized and required by a sworn police
supervisor to utilize a language other than English, including sign language, to
conduct an official Police Department function or activity.

2. This compensation shall be for police-related functions or activities in which the
unit member is called upon to interpret in addition to their normal assigned
duties.

B. Payment Authorization

Compensation provided for by this regulation shall be given only when approved
by a sworn police supervisor prior to the actual interpretation or translation.

C. Performance Activities Approved for Special Compensation

1. Verbal interpretation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.

2. Written translation, in excess of 7 consecutive minutes per occurrence, while
conducting any assigned formal police function or activity.

3. Signing interpretation and translation, in excess of 7 consecutive minutes per
occurrence, while conducting any assigned formal police function or activity.

D. Compensation

A unit member who meets linguistic skills qualifications, as determined by a
management review panel, or in the case of sign language determined by
presenting certification recognized by the Arizona Commission for the Deaf and
Hard of Hearing (ACDHH), shall be paid a premium of $10.00 per hour calculated
to the nearest 1/4 hour, in addition to his base hourly rate, for each hour he is
engaged in assigned and authorized interpretation, translation, or signing
activities.

Consistent with Section 5-7, 3 of this Memorandum and A.R. 2.51, employees are
eligible to use the seminar and professional membership portion of their
reimbursement benefit for the ACDHH certification.

E. Supervisory Authorization




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Authorization must be provided by a sworn police supervisor in each case. Written
notification which includes a listing of the specific time periods for which the
premium payment is sought along with signatures of the unit member and the
appropriate supervisor should be forwarded to the Police Department’s Fiscal
Management Bureau before the end of the pay period in which the additional duty
occurred.


Section 3-2: Overtime

A. Overtime is defined as time assigned and worked beyond the regularly scheduled
40 hour work week or 8 hour work shift, or 10 hour work shift if a 4 day work week
is implemented. Duly authorized paid leave shall be considered as time worked for
purposes of the regularly scheduled work week. This provision shall not apply to
unpaid leave.

B. Overtime shall be worked and shall be allowed if assigned by the Police Chief or
his designees.

C. Overtime work will be compensated in either cash or compensation time at 1-1/2
times the regular rate of pay after the first 7 minutes assigned and worked beyond
the end of the unit member’s regularly scheduled shift, calculated to the nearest
1/4 hour.

D. A unit member may, subject to approval of his non-unit supervisor based on
considerations of departmental scheduling and operations factors, request to use
overtime as compensatory time subject to the limitation of 300 hours on the
accumulation of compensatory time. Use of compensatory time shall be subject to
advance approval of the non-unit supervisor. If a unit member submits overtime
requests that are in excess of 300 hours, he will be paid the difference.

E. Unit members may contribute accrued compensatory time to other employees in
accordance with City policy governing contributions of leave for serious illness of
an employee or their immediate family member.

F. A unit member may be paid for accumulated compensatory time by submitting a
memorandum to the Fiscal Bureau requesting payment for any portion of the
compensatory time. This may be done at any time upon the unit member’s request,
and such payment will be made in the pay period following receipt of the
memorandum by the Fiscal Bureau.

G. At the direction of the immediate supervisor in each case, a unit member shall be
entitled to overtime in accordance with Article 3, Section 3-2 hereof, while he is
being evaluated by the authorized and designated City physician for return to work
at times he is not scheduled to be on duty nor is on paid leave or disability benefit
status, based on actual check-in and check-out time recorded by Health Center
staff. This time shall not qualify for the guaranteed minimum overtime provision
contained in Section 3-2B, but shall be compensated at a minimum of 1 hour at 1-


Page 188
1/2. No unit member shall be compensated for other than the supervisor directed
evaluation(s) by the City physician for return to work.

H. After 4 consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of 1/2 hour, but in no event shall a unit member be entitled to more
than one such meal break for every 8 consecutive hours of overtime.

For a unit member participating in the 4/10 schedule, this provision shall mean that
before a unit member is entitled to a second 1/2 hour paid meal break, he shall
have worked on an overtime basis for a minimum of 4 hours beyond the end of his
regularly scheduled 10 hour work shift.

I. If work demands preclude a unit member from taking a meal period, the unit
member will be paid an additional 30 minutes at the straight time rate. This benefit
shall apply only if the interruption occurs during the first 30 minutes of the meal
period.

J. When a unit member is off duty and is contacted by telephone by his supervisor
because of the unit member’s official duties, for purposes other than call-out, or a
supervisor approves of the making or receiving of the call, the unit member will be
paid a minimum of 15 minutes at time and one-half his regular rate of pay when
any combination of calls equals 7 minutes or more. If the call extends past this
minimum, the overtime will be calculated to the nearest 1/4 hour. He will not receive
overtime for additional duty-related calls received during this compensation period.

K. A unit member on industrial leave and assigned to his home will be considered to
have the same duty hours and N-days, up to a 7 calendar day period, as the squad
he was on when the injury/illness occurred. After the 7 days, he may be reassigned
to new duty hours and/or N-days.

L. A unit member who scheduled a leave day 30 calendar days in advance through
his immediate non-unit supervisor in accordance with departmental policy and who
subsequently is placed on court stand-by, or is required to appear in court will, by
his choice, receive overtime pay in accordance with this Section and Section 3-2A
and/or Section 3-2B, in addition to the leave day.

M. A unit member who scheduled a leave day but failed to do so within 30 calendar
days in advance, and who is placed on stand-by or called to court, will receive
overtime pay in accordance with this Article and Section 3-2A. However, the
number of leave hours taken will be reduced by the number of overtime hours paid.
Court stand-by hours do not apply to this provision.


Section 3-2A: Court Time Overtime

A. When court time constitutes overtime, a unit member shall be entitled to overtime
compensation/minimum call-out pay consistent with Section 3-2B of this
Memorandum.


Page 189
1. Court time overtime shall be continuous time compensated consistent with
Section 3-2, subsection C.

2. No cost parking will be provided for unit members who are called to testify or
appear at any City of Phoenix Municipal Court facility for any official police
department business, whether on or off-duty.

3. If performed virtual, the unit employee must report to a Phoenix Police
facility to be eligible for Court Time Overtime. If performed at a location
of the unit employee’s discretion, other than a work location, the unit
member will be paid a minimum of 15 minutes at time and one-half his
regular rate of pay when any combination of calls equals 7 minutes or
more. If the call extends past this minimum, the overtime will be
calculated to the nearest 1/4 hour. The unit employee will not receive
overtime for additional duty-related calls received during this
compensation period.

B. For purposes of this Article the term Court shall be defined as including Federal
District Court; Superior Court, State of Arizona; City Court, City of Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings, and Prosecutorial and
Defense interviews. It is understood that this Article shall not apply to
administrative hearings including but not limited to arbitration hearings pursuant to
the MOU, Civil Service Board hearings, PERB hearings, and hearings pursuant to
the A.R. 2.61 grievance procedure.

C. After a unit member verifies his need to appear in court to testify concerning the
performance of his official duties at a time other than his regularly scheduled tour
of duty, and he is notified less than 12 hours in advance of the scheduled
appearance time that he need not appear, the unit member will receive 2 hours of
pay at 1-1/2 times his base hourly rate of pay.


Section 3-2B: Call-Out Pay

A. A unit member called back because of his own negligence, whether in the proper
care and use of City equipment, or for his failure to complete official reports prior
to securing for the day, shall be paid for such call- back consistent with Section 3-
2, subsection C, provided, however, the unit member shall not be eligible for the 3
hour guaranteed minimum pursuant to this Article. If a claim of negligence is
disputed, it may become subject to the grievance procedure herein.

B. Anytime that a unit member is called back after leaving City facilities at a time other
than his regularly assigned shift, the unit member will receive a minimum of 3 hours
pay at time and one-half the unit member’s base pay calculated to the nearest 1/4
hour, except that a unit member shall not be eligible for additional compensation
during that three hour period.


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Compensation to a unit member who is called out at times other than his regularly
scheduled shift will begin at the time the unit member is notified. The compensation
will continue up to 30 minutes beyond the completion of the duties for which the
unit member was called out, or until the member returns to his residence,
whichever is first. Where applicable, the travel time shall be paid only if the total
work and allowed travel time exceed the minimum call out guarantee. Travel time
shall not apply when a unit member is working overtime planned in advance.

C. A unit member beginning an overtime period within 3 hours or less prior to the
regularly scheduled duty reporting time, will be compensated from the time the
overtime period begins to the time he is scheduled to report for duty except that a
unit member shall not be eligible for additional compensation during that period.

D. Holdover time, i.e., being held over on shift (no break in duty exceeding 15
minutes) will be compensated for actual time spent in accordance with Section 3-
2, subsection C.


Section 3-3: Out-of-Rank Pay

A. A unit member who is temporarily required to serve in a regular authorized position
in a supervisory classification, (e.g., sergeant), shall be compensated at the higher
rate of pay in accordance with the following:

B. To be eligible for the additional compensation, the unit member must first
accumulate 10 regular working shifts of assignment in the higher rank within any
12 month period; satisfactory performance during a previous appointment to the
higher rank will be credited to the qualifying period. The days of out-of-rank
assignment need not necessarily be consecutive. Once this qualification is
satisfied, no additional re-qualification will be required. All shifts worked beyond
the 10th shift in the supervisory classification will be subject to the higher rate of
pay.

C. Temporary assignments out-of-rank shall be recorded only in full shift units. A unit
member working out-of-rank for less than 1 full shift will not be credited with
working out-of-rank service time.

D. To qualify for out-of-rank pay, a unit member must be assuming substantially the
full range of duties and responsibilities of the higher level position. Out-of-rank pay
is not authorized, for example, if the organization of a work unit is such that each
unit member carries on his normal duties during the temporary absence of a
supervisor, without a need for the direction which the supervisor would provide on
a longer term basis.

E. Time worked in a higher rank shall not earn credits toward the completion of
probationary requirements in the higher rank.



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F. A unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher rank for all shifts worked beyond the
10th shift served in the higher rank. In the event of overlapping salary ranges, a
one-step differential shall be paid for out-of-rank assignments. The higher rate of
pay shall be used in computing overtime when authorized overtime is served in
out-of-rank work assignments; the overtime rate shall be the rate established by
the overtime regulations that apply to the higher rank.


Section 3-4: Sick Leave Conversion at Retirement

Effective at the beginning of the first pay period in July, 1992, the following benefits shall
apply:

A. Definitions:

1. Qualifying hours - the minimum number of accrued and unused sick leave
credits existing on the last day of service prior to retirement, which are
necessary before a unit member can participate in the benefit program.

2. Base number of hours or base hours - the number of hours of accrued and
unused sick leave credits which are uncompensated under this Article and
above which the City will compensate the unit member.

3. Base hourly wage - the base hourly rate of pay being paid at the time of
retirement to the retiring unit member who qualifies for participation in this
benefit program.

B. Benefit and Eligibility:

1. A unit member who has accumulated a minimum of nine hundred (900) hours
or more of accrued and unused sick leave at the time of a duty-related
retirement shall be eligible for payment of an amount of compensation equal to
35% of his base hourly wage for all hours in excess of 450 hours; or

2. A unit member who has accumulated a minimum of 1286 qualifying hours or
more of accrued and unused sick leave at the time of a duty related retirement
shall be eligible for payment of an amount of compensation equal to 60% of his
base hourly for all hours in excess of 386 hours.

3. Commencing July 1, 1998, a unit member who has accumulated a minimum of
1714 hours or more of accrued and unused sick leave at the time of a duty
related retirement shall be eligible for payment of an amount of compensation
equal to 60% of his base hourly wage for all hours.

4. A unit member who has accrued 1,286 hours or more of unused sick leave may
elect to have one hundred 150 hours of sick leave paid out at the member’s
hourly rate in one lump sum. A unit member may only elect to exercise this


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benefit 3 times in their career, and not more than 1 time in a fiscal year. Eligible
employees may elect to buy back their hours between July 1 and the last pay
period in January each fiscal year.

5. The payments described in numbers 1 through 4 above are not considered
Final Average Salary for purposes of pension calculations.

C. Administration:

1. At the time of retirement, the City’s Employee Benefits Division, or such other
individual or agency as the City may designate, shall determine the unit
member’s eligibility and the amount of unused sick leave to be compensated.

2. The unit member shall verify in writing the computations of the Employee
Benefits Division.

3. In the event a unit member’s eligibility for participation or the amount of
compensation is disputed, then the dispute shall be submitted to the City
Auditor for binding resolution.


Section 3-4A: Sick Leave Payout

All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.


Section 3-5: Night Shift Differential/Weekend Shift Differential

A. A unit member shall receive $.60 per hour in addition to his base hourly rate of pay
when working a night shift or any portions of a night shift which ends at or after
10:00 PM.

B. A unit member shall receive night shift pay differential only for hours scheduled
and worked, and not while on paid leave time.

C. A unit member who is called out and works between the hours of 10:00 PM and
6:00 AM will be paid night shift differential for all hours worked at the rate specified
in this Article. If a unit member was called out while on a stand-by status, he will
not receive night shift differential.

D. A unit member shall receive $.25 per hour in addition to his base hourly rate of pay
and any other shift differential or any other premium pay he may be receiving for
working a weekend shift. A designated weekend shift is defined as any shift that
starts on or after 2:00 PM on Friday, and continuing through any shift that starts
on or before, but not after 11:59 PM on Sunday.



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1. A unit member shall receive weekend shift pay differential only for hours
scheduled and worked, and not while on paid leave.

2. A unit member who is called out and works between 2:00 PM on Friday and
11:59 PM on Sunday will be paid weekend shift differential for all hours worked
at the rate specified in this Article. If a unit member was called out while on
stand-by status, he will not receive weekend shift differential.


Section 3-6: Stand-By Pay

A. When a unit member is required and assigned to be available for immediate
emergency call-out at times that he is not otherwise on duty and the unit member
complies with departmental regulations incident thereto, he shall be compensated
as follows: $60.00 on the unit member’s non-work day and $40.00 on a work day.

B. When management determines it is necessary to provide call-out service, stand-
by assignments will be maintained by any detail in the department.


Section 3-6A: Court Time Standby Pay

A. When a unit member receives a subpoena or other notice requiring him to stand-
by to appear in court to testify concerning the performance of his official duties at
a time other than his regularly scheduled tour of duty, and he was not notified 12
hours or more in advance of the court appearance that he need not stand-by, he
shall be entitled to a minimum of 2 hours of pay at 1-1/2 times his base hourly rate
of pay for court dockets scheduled before 1200 hours, and an additional minimum
of 2 hours of pay at 1-1/2 times his base hourly rate of pay for court dockets
scheduled after 1200 hours, for each day the subject court proceeding is in session
and the Unit member is subject to call, providing the provisions of subsection B
hereof are satisfied. If a unit member is required to remain on stand-by after 1200
hours, the unit member shall receive an additional 1 hour of pay at 1-1/2 times his
base hourly rate of pay.

If call-out occurs before the expiration of stand-by pay, then stand-by status shall
continue until the occurrence of either (a) the expiration of stand-by pay; or (b)
arrival at the duty location or participation in virtual appearance begin. Call-out
pay and stand-by pay shall not be permitted to overlap resulting in the
compounding of compensation.

B. If a unit member fails to exercise his responsibility to contact the appropriate
representative of the court or a party 16 hours or less before the time indicated on
the subpoena to determine the continued need for him to stand-by, he is not eligible
for any stand-by pay.

C. For the purpose of this Memorandum, subpoena refers to a subpoena duly issued
by a court or the Arizona Motor Vehicle Department.


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D. For purposes of this Article the term Court shall be defined as including Federal
District Court; Superior Court, State of Arizona; City Court, City of Phoenix, State
of Arizona; Municipal Courts in Maricopa County; Justice Court; Federal, State,
County Grand Juries; Motor Vehicle Department hearings; Mental Health Court;
and Prosecutorial and Defense interviews. It is understood that this Article shall
not apply to administrative hearings including but not limited to arbitration hearings
pursuant to the MOU, Civil Service Board hearings, PERB hearings, and hearings
pursuant to the A.R. 2.61 grievance procedure.


Section 3-7: Off-Duty Employment

A. The Department agrees to maintain a list of unit members who are interested in
off-duty work for use in making job referrals, provided the unit member has
received prior approval to engage in off-duty employment from the immediate
supervisor.

B. Off-duty employment shall be governed by the rules and regulations of the Phoenix
Police Department. Should the Department contemplate any changes in these
rules and regulations during the term of this Memorandum, it shall meet and
consult with the Association on such changes in the Labor-Management
Committee prior to implementation.

C. The Police Chief agrees to eliminate the limitation of the number of off-duty work
hours permitted. However, the Department reserves the right to take appropriate
action in the event that a unit member’s wellness, welfare, or performance is
adversely affected.

D. A unit member who works off duty in a police function for a City-sponsored event
or project, and is paid through City payroll, will be compensated at time and one-
half his regular rate of pay for all time worked.


Section 3-8: Jury Duty

When a unit member is called upon to serve as a juror in any court action, he will be
allowed leave from his duties without loss of pay for the time required for his service.


Section 3-9: Deferred Compensation and Defined Contribution Plans

A. The City’s contribution to DCP will continue at 2.56%.


B. At the employee’s separation, for either retirement or exiting the Deferred
Retirement Options Program, the employee’s sick leave payout amounts will be
automatically contributed into the City’s 401(a) plan. Any excess amount over the


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Internal Revenue Code 401(a) plan contribution maximum limits will be
automatically contributed into the City’s 457(b) plan. Any portion of the excess
amount that cannot be contributed to the 457(b) plan because of Internal Revenue
Code 457(b) plan contribution maximum limits will be paid as taxable income. The
401(a) Plan document as approved by the Deferred Compensation Board will be
the governing document.

C. Discuss alternatives to the Union’s participation in the City’s Deferred
Compensation Plans.

D. After the City receives official Internal Revenue Service approval and a private
letter ruling regarding the City’s 401(a) plan, the parties agree to schedule a
meeting to discuss a possible change in the distribution of the current benefit
between the 457(b) and 401(a) plans. Any agreement will be conditional on
Deferred Compensation Board approval.


Section 3-10: Non-Direct Payment of Compensation or Benefits

Various sections of this Memorandum contain a form of compensation, wages, or benefits
that have been negotiated in good faith and may or may not provide a direct payment of
wages or other benefit to each member. Those forms of compensation, wages, or
benefits that do not provide a direct payment to each unit member have been negotiated
in place of a direct payment and costed as part of the overall economic package.
Examples include: life insurance, long term disability insurance, leave payouts, etc.



ARTICLE 4: Hours of Work/Working Conditions

Section 4-1: Work Schedules

A. The regular duty hours for a unit member shall be 5 consecutive shifts of 8 hours
in a 7 calendar day work week. These 5 consecutive shifts will be preceded and
followed by 2 “N” days. If, by reason of transfer, a unit member’s “N” days are
changed, the provisions of this section pertaining to “N” days shall not apply. The
8 duty hours per shift shall be consecutive and may include any “briefing time” and
shall include a meal period of 30 minutes. When work demands permit, with a
supervisor’s approval, a unit member may combine this 30 minute meal period with
one of his 15 minute rest periods described under Subsection D of this Article to
achieve a 45 minute meal period. This shall also apply to a unit member working
a 4/10 schedule. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will
be changed. If this (7 day written notice is not given, and there is no operational
need for not providing the notice, the “N” days or hours change will be rescheduled
to allow for a 7 day notice period.

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B. If a 10 hour, 4 day work week is implemented; the regular duty hours for an affected
unit member shall be 4 consecutive shifts of 10 hours in a 7 calendar day work
week. These 4 consecutive shifts will be preceded and followed by 3 “N” days. If,
by reason of transfer, a unit member’s “N” days are changed, the provisions of this
Subsection pertaining to “N” days shall not apply. The 10 duty hours per shift shall
be consecutive and may include any “briefing time” and shall include a meal period
of 30 minutes. At times, the department may have operational needs which
necessitate a change in current work schedules. The department shall give a unit
member a minimum 7 day advance written notice when his “N” days or hours will
be changed. If this 7 day written notice is not given, and there is no operational
need for not providing the notice, the “N” days or hours change will be rescheduled
to allow for a 7 day notice period.

C. All unit four members assigned to patrol squads with beat responsibility only will
work the work schedule defined in subsection B of this section (4/10’s) through
June 30, 2023.

D. If a unit member’s normal duty hours are changed with less than 7 days’ notice,
then the unit member is entitled to premium pay.

If a unit member’s normal “N” days are changed, then the unit member is entitled
to premium pay.

"Premium Pay" is calculated as follows:

• For a unit member assigned to a 5/8’s schedule:
• A change in normal duty hours: 2 hours at their base hourly rate of
pay.
• One “N” day change: 4 hours at their regular rate of pay.
• Two “N” days changed: 20 hours at their regular rate of pay.
• For a unit member assigned to a 4/10’s schedule:
• A change in normal duty hours: 2.5 hours at their base hourly rate of
pay.
• One “N” day change: 5 hours at their regular rate of pay.
• Two “N” days changed: 10 hours at their regular rate of pay.
• Three “N” days changed: 20 hours at their regular rate of pay.

Subject to the discretion of the Chief, or designee, official mobilization as defined
in Operations Order 9.1 is exempt from this section.

A unit member, who requests a change in work schedules, will not receive
premium pay since the request is not a department directed change.

This section does not apply to the 30 hour or more block of annual module training.

A unit member is not eligible to receive both premium pay and overtime for the
same hours.

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E. When used in the context of this Article, “Operational Needs” will be defined as:
Service demands or other required actions performed to accomplish the mission
of the department. These actions may be routine (anticipated) or emergency
(unanticipated). For routine operational actions, a seven-day written notice will be
given to change schedules. For emergency operational actions, unit members will
be provided with as much advance notice and information as the situation will
allow.

F. In addition to all duties as assigned by the Police Chief or his designees, work
hours shall continue to include 2 15 minute rest periods as work demands allow.

G. There shall be a minimum of 15 hours off between shifts, 13 hours for a unit
member working a 4/10 schedule. If this is not possible, the unit member shall
receive overtime compensation at his regular rate of pay for each full hour worked
within the described 15 hour period, 13 hour period for a unit member working a
4/10 schedule. A unit member assigned to a specialty bureau may sign individual
statements waiving the provisions of this section. Signed waivers shall continue in
effect per fiscal year.

This section does not apply to mandatory training conducted by the Advanced
Training Detail when a member is given 30 days written notice of the required
training. The intent is not for supervisors to work employees on a double shift.
Employees’ chain of command will ensure employee’s shift prior to training is
adjusted to afford 13/15 hours off before reporting to training.

H. A unit member will be permitted to take the meal period at a location within the
squad/team area, or if no suitable eating location is available, then with the
approval of the designated supervisor, at a location outside the squad/team area.
A meal period may be taken at a private residence, with supervisory approval,
provided such residence is within the unit member’s beat area.

I. A unit member may return to his work station 20 minutes before his scheduled end
of shift if work demands permit for the purpose of completing required paperwork,
notifying oncoming unit members of any beat conditions, and to notify his
supervisor of any unusual occurrences he encountered during his shift.

J. A unit member assigned to the Canine Detail shall be allowed 4 hours of paid time
per work week to care for his police dog at his residence. The City will determine
when and how the hours will be scheduled.

K. A unit member may waive the provision of section A and B of this section to
facilitate an alternative work schedule upon written agreement of both the
Association and the Department.

L. “On duty” training will be approved at the Division Chief level.




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Section 4-2: Seniority

A. The City shall provide the Association with a list of unit members showing each
unit member’s City employment date and class employment date.

B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.

C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of work assignments, vacation schedules and in the
determination of layoffs.



ARTICLE 5: Benefits

Section 5-1: Health Insurance

A. The City and Association agree to maintain the current 80/20 split for health
insurance monthly contribution for the single and family coverage. If there is a rate
increase or decrease, the city will pay 80% of the new monthly contribution and
the employee will pay 20%.

B. If there is a substantive change in the City’s Health Insurance Plan design, the
Labor Relations Administrator will discuss such change with the Association.

C. In the event of the death of a unit member while on duty or while performing a
police function as determined by the City, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents.
Should the surviving spouse remarry, the benefits of this provision shall be
discontinued for the spouse. Benefits for remaining eligible dependents, e.g.
children, step children, or adopted children, will remain in effect as federal law
prescribes.

In the event of the death of a unit member while commuting to or from his work
location, for a period of two hours each way, the City will continue to pay the full
monthly health insurance premium for the spouse and all eligible dependents. This
policy will be consistent with the terms of the 1997 agreement between the City of
Phoenix and CIGNA Group Insurance, for the payment of a supplementary
commutation life insurance policy for each unit member. The Association will pay
the cost of this benefit, if any, the first year of each new Memorandum period.

D. In the event Congress or the State of Arizona passes legislation which considers
the amount the City contributes to health or dental insurance as imputed income,
then the City will consider such contributions as income to the employee.




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E. During the next 12 months, the City will participate in Labor-Management meetings
to discuss alternatives to the Union’s participation in the Health Care Plans
currently provided by the City.


Section 5-1A: Retiree Health Insurance

A. Upon retirement of a unit member, or bargaining unit member who retired on
August 1, 1992 or later, the City’s contribution to health care premiums will be
calculated without regard to age.

B. In no event will the combination of this contribution and the amount paid by the
PSPRS (Public Safety Personnel Retirement System) exceed the monthly
premium for the chosen health insurance benefit.

C. The City of Phoenix agrees to participate in the Post Employee Health Plan
(PEHP) for unit members in accordance with the terms and conditions of the Plan's
Participation Agreement, a copy of which is attached to this agreement. The
Employer agrees to contribute to the Plan on behalf of unit members:

Effective July 1, 2017, the Employer shall contribute for each unit member the
amount of $6.00 per pay period. If any contribution is an amount other than an
equal dollar amount per unit member, that contribution shall be deposited in the
unit member's Health Insurance Premium Reimbursement sub-account, otherwise
the Employer's equal dollar amount contribution per unit member shall be
deposited into the unit member's Universal Health Care Reimbursement sub-
account pursuant to the terms and conditions of the Plan.


Section 5-2: Dental Insurance

A. The City shall pay the full premium costs for single coverage for employees
enrolled in the base HMO or PPO plan. and 75% of the premium costs for family
coverage for a City dental plan.

B. The plan shall consist of 80% payment of reasonable and customary charges
covered for preventive and diagnostic services, basic services, and major services.
The plan shall also include an orthodontia benefit providing for 80% payment of
reasonable and customary charges up to a maximum lifetime benefit of $4,000 per
person. This plan is subject to the deductibles and limitations contained in the
contract between the dental insurance carrier and the City of Phoenix. Enrollment
in prior City of Phoenix dental plans counts toward major services time limit
exclusions.


Section 5-3: Life Insurance




Page 200
A. The City will continue the existing off-the-job and on-the-job life and
dismemberment insurance coverage, and will continue the face value of the policy
at $15,000. The City will continue the current policy for death in the line of duty at
$100,000.00.

B. Effective August 1, 2001, the City will increase the $35,000.00 line of duty life and
dismemberment insurance coverage to each unit member to $100,000.00.

C. Additionally, the City will provide to each unit member a $200,000 death benefit
covering the unit member’s commute to and from his city work location. This policy
will be consistent with the policy negotiated in 1997 with CIGNA Group Insurance
and will cover the unit member’s commute for up to two hours before his shift
begins and two hours after his shift concludes. The Association will only pay the
cost of this benefit the first year of the MOU.


Section 5-4: Long-Term Disability Insurance

A. The City will offer a long-term disability benefit for all full-time, regular unit members
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall
not be in conflict with the MOU). Employees who have been continuously
employed and working on a full-time basis for twelve consecutive months are
eligible for long-term disability coverage. Applicants must apply for benefits
they may be eligible to receive. After an established 90 calendar day qualifying
period, the plan will provide up to 66-2/3% of the employee's basic monthly salary
at the time disability occurs and continue up to age 75 for employees who have
been employed full-time for 36 months and one day. Employees who have been
employed full-time with the City of Phoenix for 36 months or less, will be eligible to
receive a long term disability benefit for no more than 30 months.

B. This benefit will be coordinated with sick leave, industrial insurance payments,
social security benefits, unemployment insurance and disability provisions of the
retirement plan.


Section 5-5: Holidays and Vacation Leave

A unit member shall be entitled to holiday benefits as set forth in Paragraph 2 of
Operations Order No. 3.6, including overtime compensation for hours assigned and
worked on a specified holiday in accordance with and subject to Article 3, Section 3-2,
Overtime.

A. The compensation of a unit member who actually works on a day designated as a
holiday shall include, in addition to his regular day’s pay, additional pay or
compensatory time for hours worked up to 8 excluding overtime pay.

B. A unit member who is not scheduled to work on a designated holiday will still be
compensated for 8 hours pay or compensatory time for each holiday.


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C. Paid holidays shall include:

New Year’s Day
Martin Luther King, Jr's Birthday
President’s Day
Caesar Chavez Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
Two Personal Leave Days* & **

* After 6 months of continuous service.
** Personal leave will be a total of 20 hours for all unit members.

Subject to operational and scheduling factors, a unit member’s personal
leave days shall be taken each calendar year on any day of the unit
member’s choosing.

D. For a unit member participating in the 4/10 schedule, holiday pay shall be applied
as follows:

1. When a designated paid holiday falls on a unit member’s scheduled day off,
the unit member shall be paid 8 hours of holiday pay.

2. When a designated paid holiday falls on a unit member’s normally scheduled
work day and the unit member is directed to not work that day, the unit member
shall be paid for 8 hours of holiday pay. The additional 2 hours necessary to
receive 10 hours of pay will be deducted at the unit member’s discretion as
either non-paid time, accumulated vacation or compensatory time. If a unit
member has no accumulated vacation or compensatory time, the unit member
will receive only 8 hours of pay. Alternatively, the unit member may work for 2
hours on the holiday, paid at straight time, performing tasks at the direction of
a supervisor. The compensation of a unit member who actually works on a day
designated as a holiday shall include, in addition to his regular day’s pay,
additional pay or compensatory time for hours worked up to 8 hours, excluding
overtime pay.

E. A unit member will continue to receive holiday pay while on industrial leave.

F. Holidays shall be observed on the calendar days on which they fall for unit
members directly involved in providing continuous 24-hour or seven-day service
operations.



Page 202
G. The City agrees to maintain its present vacation selection procedure and, to every
extent practicable, allow a transferred unit member to maintain his previous
vacation schedule.

H. A unit member 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:

1. Through 5 years of service 8 hrs. per month
2. 6th through 10th year of service 10 hrs. per month
3. 11th through 15th year of service 11 hrs. per month
4. 16th through 20th year of service 13 hrs. per month
5. 21st year of service and thereafter 15 hrs. per month

I. Unit members who have accrued 312 hours or more of vacation, may elect to have
150 hours of vacation leave paid out at the member’s hourly rate in one lump sum
or converted into their comp bank. The member may only elect to exercise this
benefit 4 times in their career, and not more than 1 time in a fiscal year. This
payment is not considered Final Average Salary for purposes of pension
calculations. Eligible employees may elect to buy back their hours between July
1 and the last pay period in January each fiscal year.

Additionally, 80 hours of vacation time can be accumulated above the maximum
vacation carryover into the last 3 years of service. These hours must be used as
paid time off prior to retirement.

J. Vacation accrual, carryover and compensation at separation is as follows:

MAX ACCRUAL THAT
CAN BE
MONTHLY ACCRUAL MAXIMUM CARRYOVER COMPENSATED AT
YEARS OF SERVICE RATE (HOURS) (HOURS) SEPARATION (HOURS)

0 – 5th 8 232 280

6th - 10th 10 280 340

11th - 15th 11 304 370

16th - 20th 13** 352 430

21st+ 15** 400 490


** In the last three years of service an additional 80 hours may be carried over into
a new calendar year.

During the 2021-2023 MOU, a workgroup will be formed with participants
from City management and include a leader from PLEA for the purpose of
exploring the possible creation of a Citywide bank of hours supplied by

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vacation cutback hours for use by employees with approved donation
petitions. The workgroup will submit a recommendation to the City Manager
before the end of the 2021-2023 MOU.

K. For the purposes of determining monthly vacation Accrual rates for a unit member
who had a break in service, if the unit member was reemployed within 5 years, the
amount of time the person is gone is subtracted from his previous service, thereby
giving the unit member a new accrual service date.

L. A unit member may sell back up to 40 hours of vacation time each calendar year
(unit member must use a minimum of 40 hours of vacation/comp-time leave during
the calendar year to qualify for this benefit). This payment shall be made on the
first payday of December of each year, and shall be included in the unit member’s
regular, bi-weekly paycheck.


Section 5-5A: Out-of-State Vacation Recall

When a unit member is temporarily recalled to duty from out-of-state while on an
authorized vacation by order of the Police Chief, or designee, he shall be reimbursed for
necessary and provable transportation expenses as determined by the Police Chief.


Section 5-5B: Military Leave

A. Definition
1. Pursuant to ARS 26-168 and ARS 38-610, employees who are members of the
Arizona National Guard or the Reserves of the United States Armed Forces,
will be entitled to a leave of absence from their duties for a period not to exceed
30 days when they are engaged in ordered annual training or to attend camps,
maneuvers, formations, or drills under orders of any branch, including the
reserve or auxiliary.

2. This leave will be granted without loss of pay or other employment rights.

B. Leave Guidelines
1. National Guard and Military Reserve leave time will be calculated using working
days.

2. Employees will not be charged with military leave time for days that fall on their
regularly scheduled days off.

3. Leave days do not have to be taken consecutively, the only limitation is the
300-hour maximum in any two consecutive military fiscal years (October 1
through September 30).


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4. Travel time will not be allowed in addition to inclusive dates shown on requests.

5. A copy of the Military Orders will accompany leave requests.


Section 5-6: Uniform, Clothing and Equipment Allowance

A. Department-issued equipment, as follows:

1. The Police Department will furnish to each unit member entering the
department the following:
1 Uniform Belt
1 Handcuff Case
1 Holster
1 Helmet
1 Magazine Pouch
1 Service Weapon
1 Pepper Spray Holder
1 Pepper Spray Canister
1 Pair of Handcuffs and Key
1 Uniform Breast Badge
1 Flat Badge with Case
1 (pair) Puncture resistant gloves

The department also agrees to provide spit masks on a continuous basis.

2. Pilot’s equipment list as follows:

The Police Department will furnish the following to each unit member assigned
to the Air Support Detail:

2 Nomex (or equivalent in quality) Flight Suits
1 Flight Helmet
1 Standard Headset

3. The Department shall replace those items as they, in the judgment of the
Department, become unserviceable due to wear or damage in the course and
scope of official duties.

B. A unit member will receive $1,150 clothing allowance per annum. Barring
unforeseen circumstances, payment for uniform allowance will be made on or
before August 1 of each fiscal year. Such payment will be made to cover the cost
of uniforms, maintenance, cleaning of such uniforms, and for other duty-related
expenses and for the unit member to provide a required flashlight and fresh
batteries.



Page 205
C. A new unit member will receive an initial fiscal year uniform allowance equal to
1/12 of the annual allowance per month from the first day of the month of his
employment through the end of the fiscal year. This payment will be made in a
lump sum during the first 60 days of employment.

D. A unit member who leaves City Employment shall repay to the City the uniform
allowance equal to 1/12 of the annual allowance per month for each month
remaining in the fiscal year after the last day of the month in which separation
occurs, provided, however, that a unit member who retires will not be required to
repay any uniform allowance. In addition, the family or beneficiary of a unit member
who dies while in the employment of the City shall not have to pay back any uniform
allowance.

E. A unit member who has been on extended leave (paid or unpaid), excluding
industrial leave, sick leave, or military leave of 2 months or longer, shall have the
next annual uniform allowance reduced by 1/12 of the annual allowance for each
month of extended leave.

F.
1. On or before August 1 of each fiscal year, a unit member assigned to the
following details/squads/units will, in addition to his annual clothing allowance,
be provided a one-time payment per the following schedule upon initial transfer
to that assignment.

Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
TRU*** $320
Detectives* $320
Bike Officers** $320
Honor Guard $320

* Detective is defined as a certified detective who is in a detective or
investigative assignment or an assignment that normally requires the unit
member to wear civilian business clothes.

** Bicycles will be furnished by the City. To be eligible for the one-time
payment of $320, a bicycle officer must successfully complete the 40-hour
bicycle certification class and be assigned to NET, DOU, CAO, the airport,
or a School Resources Assignment, or any designated bike squad approved
by the Police Chief (i.e. the Desert Horizon Precinct Bike Squad).

2. A unit member assigned to the following details/squads/units will receive, on or
before August 1 of each fiscal year, in addition to his initial uniform allowances
described in section F1 above, an annual maintenance allowance per the
following schedule:



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Canine $320
SAU (Tactical) $320
Air Unit $320
Solo Motor $320
Detectives $320
TRU*** $320
Bike Officers** $320
Honor Guard $320

The provisions of Subsection D of this Section shall apply to this Subsection.

** To be eligible for the one-time payment of $320, a bicycle officer must
successfully complete the 40-hour bicycle certification class and be
assigned to NET, DOU, CAO, the airport, or a School Resources
Assignment, or any designated bike squad approved by the Police Chief
(i.e. the Desert Horizon Precinct Bike Squad). All bicycle officers, assigned
to one of the details above, who do not ride during the course of their regular
duties, will be required to work at a minimum, one shift every fiscal year with
DOU, during a regular shift or a special event, utilizing Department issued
bicycles. This event will be coordinated with DOU command staff and the
affected units’ command. Proper notice of schedule change will occur of
the shift is outside of the unit members normal work hours.

*** TRU is defined as an officer who has completed the annual TRU
certification course and is assigned to a TRU response/support squad. The
Unit member must attend annual training and maintain certification to be
eligible for allowances.

G.
1. A unit member who purchases a new ballistic vest shall, upon showing proof of
purchase, be reimbursed an amount up to, but not exceeding, $1,000.

2. At the time of the purchase, the member can utilize the remainder of
stipend to purchase department authorized armor plates.

3. Upon replacement of his ballistic vest, a unit member shall be entitled to the
above $1,000 reimbursement every 5 years.

H.
1. The City agrees to reimburse a unit member for the repair or replacement of
uniform items and for other personal property damaged in the course of
employment and performance of their assigned duties without fault or
negligence on the part of the unit member, other than normal wear and tear in
accordance with the schedule of items and maximum amounts authorized for
reimbursement outlined below:

Business Suit $250
Business Dress $100


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Sport Coat $150
Dress Shirt $50
Dress Trousers $75
Dress Skirt $75
All Shoes $100
Uniform Boots ALL
Motorcycle Boots ALL
Motorcycle Gloves $100
Glasses and contacts RX ALL
Sunglasses -non-RX $80
Watches $80
Jewelry $75
Police Uniform Trousers ALL
Police Motorcycle Breeches ALL
Police Uniform Shirt ALL
Police Jacket ALL
Police Motorcycle Jacket ALL
Flashlight $100
Ballistic Vest ALL
Service Weapon and (up to cost of City weapon) authorized attached
accessories

2. Reimbursements for full, 3/4, 1/2, 1/4, value are based on the supervisor’s
evaluation and recommendations of the article’s condition and age. Items not
listed above are not covered by the policy.

3. The option to repair or replace damaged items, and to determine whether
replaced property will be returned to unit member, rests with the City.

4. The provisions of this policy shall not apply if the unit member has concealed
or misrepresented any material fact or circumstances concerning the subject
of the loss, his interests therein, or in the case of any fraud or false statements
by the unit member relating thereto.

I. Upon duty related retirement, the City will provide the retiring member a Retired
Police Officer’s Commission Card similar in appearance to the regular Commission
Card.

J. Upon retirement, with Chief approval, a unit member will receive his breast badge
mounted on a plaque, a retired flat badge and case, handcuffs, and his fully
functional department-issued service weapon, including all 3 duty magazines, for
$1.00. If the unit member dies in the line of duty or while employed by the
department, the unit member’s spouse or an adult survivor may elect to receive
these items, except for the flat badge and case, for $1.00 which will be paid by
PLEA. The unit member’s spouse or adult survivor will have the option of receiving
the service weapon in a fully functional condition, or may request the unit member’s
service weapon be disabled and mounted in a shadow box, or may decline



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receiving the service weapon. The choice will be made in writing. PLEA will provide
a gun safety device, upon request by the unit member.

K. A unit member assigned to the Canine Detail will have the option of purchasing his
dog as follows:

1. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years, at retirement the unit member may purchase his dog for
$1.00.

2. If both the police dog and the unit member have been in the Canine Detail in
excess of 5 years and the unit member leaves other than for retirement, the
decision to allow the purchase of his dog will be made on a case by case basis
and this decision will not be arbitrary.

L. Unit members who are assigned a rifle, currently qualified, and assigned to patrol
or a patrol specialty unit, Downtown Operations Unit, and Airport Bureau will
receive a stipend to offset costs of any Department authorized equipment already
purchased, that assists them with deployment and utilization of their rifle as follows:

• Eligible employees will be able to submit a memo with attached receipts for
new and/or replacement rifle related equipment up to a limit of $500 every
5 years.

Members will accumulate receipts for newly purchased equipment and will make
one submission to fiscal for reimbursement.


Section 5-7: Reimbursement for Education Expenses

A. A unit member who participates in the Tuition Assistance Program shall be eligible
for tuition reimbursement pursuant to the following provisions:

1. For the 2021-2023 fiscal years, an employee may submit tuition expenses
incurred in the prior fiscal year such that the maximum total reimbursed does
not exceed $13,000 across any two-year period.

2. To be eligible for any reimbursement, a unit member must have successfully
completed academic or training courses approved by the Police Chief and the
Human Resources Director as provided in existing regulations.

3. Unit members shall be allowed to use up to $500.00 of their reimbursement
benefit for job-related seminars, workshops, and professional memberships
each fiscal year.


Section 5-8: Leave of Absence



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Subject to development of administrative controls, a unit member who has no other
accumulative paid leave may use up to 10 hours per year of accumulated sick leave for
non-emergency home care or medical treatment for a member of the unit member’s
immediate family subject to operational and scheduling factors. When utilizing this benefit,
the member shall identify the use of such time as non-emergency family illness. Such
leave request shall not be unreasonably withheld.


Section 5-9: Workers’ Compensation

A. Employees shall continue to receive 100% of their current rate of pay while off-
duty due to an industrial injury based on current practice which is a maximum of 1
year per injury, thereafter the rate becomes 66-2/3%.

B. Should the Association believe that a dispute in jurisdiction is unduly delaying a
Workers’ Compensation claim, or if the Association believes the City needs to
provide greater assistance to an employee trying to reopen an old claim, the
Association may request a meeting with City Workers’ Compensation staff
(provided the involved employee signs a release to do so) and such meeting will
be scheduled within 14 calendar days.

C. The City will first attempt to use physicians from specialty lists created by City of
Phoenix Pension Boards for Independent Medical Examinations for employees in
Unit 4.

D. Family and Medical Leave Act (FMLA) leave shall not run concurrent with leave
paid as industrial injury/illness (e.g. Workers’ Compensation).




ARTICLE 6: Miscellaneous

Section 6-1: Saving Clause

A. If any Article or Section of this Memorandum should be held invalid by operation
of law or by a final non-appealable order of the Phoenix Employment Relations
Board or a final judgment of any court of competent jurisdiction, or if compliance
with or enforcement of any Article or Section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon
issuance of such final order or decree, the parties, upon request of either of them,
shall meet and confer to endeavor to agree on a substitute provision or that such
a substitute provision is not indicated.

B. It is recognized by the parties that currently the provisions of the Fair Labor
Standards Act are applicable to certain of the wage and premium pay provisions
of this Memorandum of Understanding (MOU) and that this MOU shall be
administered in compliance with the Act for so long as the Act is applicable.

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C. It is recognized by the parties that currently the provisions of the Americans with
Disabilities Act are applicable to certain of the provisions of this Memorandum of
Understanding (MOU) and that this MOU shall be administered in compliance with
the Act for so long as the Act is applicable.


Section 6-2: Copies of Memorandum

Within 60 days from the date that this Memorandum is adopted by the City Council, the
Association will arrange for printing of it for furnishing one to every unit member, unit
supervisor and to management personnel. The cost of such duplication and distribution
will be borne equally by the Association and the City. Printing vendors secured by the
Association shall comply with Chapter 18, Articles IV (City Construction Contractors'
Affirmative Action Requirements) and V (Supplier's and Lessee's Affirmative Action
Requirements), Phoenix City Code.


Section 6-3: Aid to Construction of Provisions of Memorandum of Understanding

A. It is intended by the parties hereto that the provisions of this Memorandum shall
be in harmony with the rights, duties, obligations and responsibilities which by law
devolve upon the City Council, City Manager, Police Chief, and other City boards
and officials, and these provisions shall be interpreted and applied in such manner.

B. The Association recognizes the powers, duties and responsibilities of the Police
Chief as set forth in the Charter and Ordinances and that pursuant thereto the
Police Chief has the authority to establish rules and regulations applicable to the
operation of the Police Department and to the conduct of the police officers
employed therein, subject to the express provisions of this Memorandum.

C. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Association having had an opportunity to raise all matters in
connection with the meet and confer proceedings resulting in this Memorandum is
precluded from initiating any further meeting and conferring for the term thereof
relative to matters under the control of the Police Chief, the City Council or the City
Manager. This section shall not be construed to limit free and informal discussions
under, Section 2-2 hereof.


Section 6-4: Changes in Department Operations Orders Pursuant to this
Memorandum

A. Within 60 days from the date this Memorandum is adopted by the City Council, the
Department shall provide electronic copies of those Department and Operations
Orders reflecting changes pursuant to this Memorandum. Copies of such changes
shall be available to each unit member on or about July 1 of each fiscal year or as
soon thereafter as possible.


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B. During the preparation of changes to the Department’s Operations Orders, and
precinct/bureaus manuals, drafts of the proposed changes will be staffed out to the
Association.


Section 6-5: Physical Fitness

A. It is recognized by the parties that it is the responsibility of a unit member at all
times to make every effort to maintain his physical condition so as to be fully fit to
perform his duties with maximum effectiveness.

To assist a unit member in this respect, the City agrees to provide and maintain
exercise equipment for each precinct station, Deer Valley, Resource Bureaus,
Police Headquarters, and at the Training Academy.

B. The City will provide required FAA physicals to pilots assigned to the Air Support
Unit.

C. If a unit member, while carrying out his official duties is exposed to an infectious
disease/virus, the City agrees to pay the expenses for inoculation of the member.


D. Unit members are allowed to work out on their “Code 7” at Police Department
facilities. Unit members are required to remain in workpants/boots. Employees
who work out on their “Code 7”:

• Must adhere to Operations Order 4.1 (Meals and Breaks);
• Must submit a workout memo through the Chain of Command to the
Department Fitness Coordinator;
• Adhere to Operations Order 3.7 (Industrial Injuries);
• Must limit their activity to Strength Training/Cardio Training;
• May not work out on their “Code 7” during overtime shifts; and,
• May not work out during the last 2 hours of their duty shift, unless
approved by their supervisor.

Program viability will be reviewed annually by the Police Chief.


Section 6-6: Term and Effect of Memorandum

A. This Memorandum shall remain in full force and effect beginning with the first
regular pay period commencing in July 2021, up to the beginning of the first regular
pay period commencing in July 2023.

B. Except as expressly provided in this Memorandum, the City shall not be required
to meet and confer concerning any matter, whether covered or not covered herein,



Page 212
during the term or extensions thereof. This paragraph is not intended to preclude
informal discussions under Article 2, section 2-2 hereof.

C. The provisions of this Memorandum shall be subject to Federal, State, Charter,
and existing local laws that vest jurisdiction and authority in the City Council,
Phoenix Employment Relations Board, and Phoenix Civil Service Board.

D. This Memorandum constitutes the total and entire agreements between the parties
and no past written or verbal statement/agreements shall supersede any of its
provisions.




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IN WITNESS WHEREOF, the parties have set their hands this ____ of April, 2021.


_______________________________________________________
Darrell Kriplean, Chief Negotiator, Phoenix Law Enforcement Association (PLEA)


_______________________________________________________
Xavier Frost, Deputy Human Resources Director/Labor Relations, City of Phoenix


_______________________________________________________
Ed Zuercher, City Manager, City of Phoenix


ATTEST:


_______________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED AS TO FORM:

_______________________________________________________
Acting City Attorney, City of Phoenix

PLEA Team: City of Phoenix Team:
Darrell Kriplean, Chief Negotiator Xavier Frost, Deputy HR Director, Labor Relations
Micheal London Michael Kurtenbach, Executive Assistant Police Chief
Toby Sexton Gabriel Lopez, Assistant Police Chief
Michael Thomas Brian Freudenthal, Commander
Yvette Bro Matthew Siekmann, Commander
John Maxwell Tobin Daily, Public Safety HR Liaison
Becky Maldonado (Scribe) Mark Bizik, Management Assistant II
Marie Rabusa, Management Intern (Scribe)




Page 214
ATTACHMENT A

DRUG TESTING
The Phoenix Police Department’s Operations Order 3.21, Controlled Substance
Screening policy, is added to this Memorandum as Attachment B.




Page 215
ATTACHMENT B

RETIREE HEALTH CONTRIBUTION


The City shall provide Basic Medical Reimbursement Plan (MERP) benefits to MERP
eligible unit retirees and to unit members who are hired before August 1, 2007 and are
eligible to retire no later than August 1, 2022 (the date of an individual’s retirement
eligibility was determined on August 1, 2007), at the monthly amounts based on years of
service listed below:

5 to 14 years of service $135.00
15 to 24 years of service $168.00
25 or more years of service $202.00

Unit employees hired on or after August 1, 2007, regardless of years of service, may
qualify for a Post Employment Health Plan (PEHP) account.



Public Safety Personnel Retirement System (These benefits are not under City of
Phoenix control)*

Retiree only not on Medicare $150.00
Retiree & family not on Medicare $260.00
Retiree only on Medicare $100.00
Retiree - one with Medicare $215.00
Retiree - all on Medicare $170.00
*Rates shown are for the 2012 calendar year. For current rates, see http://www.psprs.com/




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ATTACHMENT C
Unit 4 – Police Officers
WAGES

Police Officer, Job Code 62210
Effective July 1, 2019 Effective July 13, 2020
STEP HOURLY BI- ANNUAL HOURLY BI- ANNUAL
WEEKLY WEEKLY
1 22.23 1,778.40 46,238 22.23 1,778.40 46,238
2 23.40 1,872.00 48,672 23.40 1,872.00 48,672
3 24.75 1,980.00 51,480 24.75 1,980.00 51,480
4 26.19 2,095.20 54,475 26.19 2,095.20 54,475
5 27.74 2,219.20 57,699 27.74 2,219.20 57,699
6 29.34 2,347.20 61,027 29.34 2,347.20 61,027
7 31.01 2,480.80 64,501 31.01 2,480.80 64,501
8 33.47 2,677.60 69,618 33.47 2,677.60 69,618
9 36.01 2,880.87 74,903 36.90 2,952.31 76,760


Police Officer*Pilot, Job Code 62211
Effective July 1, 2019 Effective July 13, 2020
STEP HOURLY BI- STEP HOURLY BI- STEP
WEEKLY WEEKLY
1 37.37 2,989.25 77,721 38.29 3,063.39 79,648


Police Officer*Rescue Pilot, Job Code 62212
Effective July 1, 2019 Effective July 13, 2020
STEP HOURLY BI- STEP HOURLY BI- STEP
WEEKLY WEEKLY
1 38.76 3,100.95 80,624.58 39.72 3,177.85 82,624


Police Officer*Flight Instr, Job Code 62213
Effective July 1, 2019 Effective July 13, 2020
STEP HOURLY BI- STEP HOURLY BI- STEP
WEEKLY WEEKLY
1 40.21 3,216.78 83,636.17 41.21 3,296.55 85,710


Police Officer*Chief Pilot, Job Code 62214
Effective July 1, 2019 Effective July 13, 2020
STEP HOURLY BI- STEP HOURLY BI- STEP
WEEKLY WEEKLY
1 41.69 3,335.09 86,712 42.72 3,417.80 88,863


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