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 19, 2023
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:

Phoenix Deferred Compensation Board/Post Employment Healthcare Plan Board

City Manager Jeffrey Barton and I recommend the following for appointment:

Inger Erickson
Deputy City Manager Inger Erickson will replace Karen Peters as Chair and fulfill a
partial term to expire September 30, 2024.

Public Safety Personnel Retirement System Local Fire Pension Board/Public
Safety Personnel Retirement System Local Police Board

I recommend the following for appointment:

Scott Steventon
Mr. Steventon is the City of Phoenix Retirement Program Administrator. He will serve in
an ex-officio position for a term to expire June 30, 2026.




Page 14



Report

Liquor License - Crazy Girls Cabaret

Request for a liquor license. Arizona State License Application 06070604.

Summary

Applicant
Jeffrey Oursland, Agent

License Type
Series 6 - Bar

Location
1926 W. Deer Valley Road
Zoning Classification: C-3 DVAO
Council District: 1

This request is for an acquisition of control of an existing liquor license for a topless
bar. This location is currently licensed for liquor sales.

The 60-day limit for processing this application is April 25, 2023.

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
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
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.

Rush Gentlemen's (Series 6)
910 N. McClintock Drive, Tempe
Calls for police service: N/A - not in Phoenix


Page 15

Liquor license violations: In May 2021, a fine of $1,500 was paid for failing to comply
with Title IV.

Dirty's Topless Bar & Patio (Series 6)
3308 Grand Ave., Phoenix
Calls for police service: 22
Liquor license violations: In October 2020, a fine of $7,500 was paid for failing to
comply with the Governor's Executive Orders related to COVID-19 to cease and desist
licensed activity.

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 was born in Phoenix in 1966. I graduated from Brophy College Preparatory in 1984. I
graduated from Northern Arizona University in 1989 with a Finance degree. I worked
for the government as a FDIC Bank Examiner for approximately one year after
graduating from NAU. After which, I worked for myself buying and selling Real Estate
for my personal Investment portfolio. To date, I have accumulated over 50 rental
properties that I self manage in Phoenix, Mesa and Tempe. I work with many of the low
income housing programs offered through the City of Phoenix and Tempe by helping
families qualify to rent my properties. In November of 2010, I purchased a 16.5 percent
interest in the Candy Store. I was found to be capable, reliable and qualified to be
added as an owner to the Candy Store's Liquor license. I was also vetted by the City
Council members and Liquor Department at the time. The Candy Store has a very
clean record with no liquor violations in the past 10 years. I also currently have over 10
years of Adult Use experience helping the other owners manage the Candy Store. In
March of 2017, I purchased 25 percent of Centerfolds Cabaret. Centerfolds Cabaret
also has Adult use, but does not currently have an active liquor license. I am one of
two Co-managing members that operate Centerfolds Cabaret. We have been open for
over three years with no violations. I addition, I have had three more years of Adult
Use managing this business. In February of 2021, I received approval for a new liquor
license at Crazy Girls Cabaret located 1926 W. Deer Valley Road, Phoenix, AZ 85027.
Crazy Girls Cabaret has a very clean record with no liquor violations. In June of 2022, I
received approval for a new liquor license at Rush Gentlemen's Club located at 910
North McClintock Drive Tempe, AZ 85281. I am active in neighborhood and civil events


Page 16

and consider myself a good citizen of Phoenix. I am a responsible business man. I am
capable, reliable and qualified to be on another liquor license. I have completed both
Basic and Management Title 4 Training. Crazy Girls Cabaret is an established
business. This change is strictly to remove one member and add on a new member.
Business operations will remain the same.”

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 17



Report

Liquor License - Streets of New York #31

Request for a liquor license. Arizona State License Application 233075.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 12 - Restaurant

Location
1985 W. Happy Valley Road, Ste. 105
Zoning Classification: Approved C-2 DVAO
Council District: 1

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 28, 2023.

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 information is not provided due to the multiple ownership interests held by the
applicant in the State of Arizona.


Page 18


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 the owner of numerous Streets of New York store that sell alcoholic beverages. I
ensure there is a manager on premise who is trained in Arizona Liquor Law to prevent
sales to underage and obviously intoxicated customers.”

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 on Happy Valley Road had a liquor license however, I took over the
location under the Corporation as opposed to a franchise. Therefore, this location has
already been serving food and alcoholic beverages to the community. As a corporate
store, our policies and procedures will be more strict. I am looking forward to serving
residents in another Phoenix location.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Streets of New York #31
Liquor License Map - Streets of New York #31

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 19
Liquor License Data: STREETS OF NEW YORK #31
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Wholesaler 4 1 0

Bar 6 1 0

Beer and Wine Bar 7 3 2

Liquor Store 9 3 2

Beer and Wine Store 10 4 0

Hotel 11 3 1

Restaurant 12 22 2



Crime Data

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

Property Crimes 58.23 57.59 51.06

Violent Crimes 11.14 2.83 4.24

*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 51 5

Total Violations 90 13



Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6123001 2199 54 6 5

Average 0 61 13 19




Page 20
Liquor License Map: STREETS OF NEW YORK #31
1985 W HAPPY VALLEY RD




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Date: 3/1/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 21



Report

Liquor License - Wineot

Request for a liquor license. Arizona State License Application 07070748.

Summary

Applicant
Terry Gardona, Agent

License Type
Series 7 - Beer and Wine Bar

Location
30835 N. Cave Creek Road, Ste. 125
Zoning Classification: C-1 PCD
Council District: 2

This request is for an ownership and location transfer of a liquor license for a beer and
wine bar. 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 23, 2023.

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 22

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:
“Of our prior experience and training, in addition to successfully completing basic and
Management Title 4 liquor training. We have hired former DLLC detective Keith Turner
to assist in our application.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“There was a previous business in this location which was of the same license type
and business model. Our new business will be operated professionally and by the
owners, therefore being able to better facilitate the highest quality of service and
enforcement of the city and state laws and rules.”

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 - Wineot
Liquor License Map - Wineot

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 23
Liquor License Data: WINEOT
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 1 1

Bar 6 1 1

Beer and Wine Bar 7 2 1

Liquor Store 9 4 0

Beer and Wine Store 10 3 1

Restaurant 12 7 5

Craft Distiller 18 1 1


Crime Data

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

Property Crimes 58.23 6.92 8.91

Violent Crimes 11.14 0.47 1.06

*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 51 4

Total Violations 90 9




Page 24
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6125001 1635 92 5 11

6126001 802 85 34 6

6126002 1050 94 23 3

6127001 1486 95 3 8

6127002 966 93 10 0

6130002 1447 94 3 0

Average 0 61 13 19




Page 25
Liquor License Map: WINEOT
30835 N CAVE CREEK RD




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Date: 2/27/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 26



Report

Liquor License - Lovecraft Beer Shop and Ale House

Request for a liquor license. Arizona State License Application 232579.

Summary

Applicant
Rebecca Golden, Agent

License Type
Series 12 - Restaurant

Location
3128 E. Cactus Road
Zoning Classification: C-2
Council District: 3

This request is for a new liquor license for a restaurant. This location is currently
licensed for liquor sales with a Series 6 liquor license and does not have an interim
permit.

The 60-day limit for processing this application is April 25, 2023.

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 27

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.

Lovecraft Beer Shop and Ale House (Series 6)
3128 E. Cactus Road, Phoenix
Calls for police service: 10
Liquor license violations: In February 2019, a fine of $2,500 was paid for failure to
request ID from an underage buyer and for selling, giving or furnishing an underage
person with alcohol.

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 held several Arizona liquor licenses from 2011 to date without any incident. I
am Title 4 Manager certified and understand the responsibility of 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:
“Lovecraft currently operates as a restaurant, and will continue to provide an upscale
dining location to an up and coming neighborhood.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Lovecraft Beer Shop and Ale House
Liquor License Map - Lovecraft Beer Shop and Ale House

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 28
Liquor License Data: LOVECRAFT BEER SHOP AND ALE HOUSE


Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 4

Beer and Wine Bar 7 2 1

Liquor Store 9 5 1

Beer and Wine Store 10 7 5

Restaurant 12 6 2


Crime Data

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

Property Crimes 58.75 102.07 75.26

Violent Crimes 11.25 11.09 9.23

*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 51 89

Total Violations 90 122




Page 29
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1034001 1544 82 0 6

1035021 1498 61 5 10

1035023 1511 71 2 17

1035025 1744 70 0 4

1048021 941 84 0 4

1048022 1874 40 0 8

1049003 2131 84 6 2

Average 0 61 13 19




Page 30
Liquor License Map: LOVECRAFT BEER SHOP AND ALE HOUSE
3128 E CACTUS RD




Ü
Date: 3/7/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 31



Report

Liquor License - Lovecraft Beer Shop and Ale House

Request for a liquor license. Arizona State License Application 232582.

Summary

Applicant
Rebecca Golden, Agent

License Type
Series 7 - Beer and Wine Bar

Location
3128 E. Cactus Road
Zoning Classification: C-2
Council District: 3

This request is for a new liquor license for a beer and wine bar. This location is
currently licensed for liquor sales with a Series 6 liquor license and does not have an
interim permit.

The 60-day limit for processing this application is April 25, 2023.

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 32

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.

Lovecraft Beer Shop and Ale House (Series 6)
3128 E. Cactus Road, Phoenix
Calls for police service: 10
Liquor license violations: In February 2019, a fine of $2,500 was paid for failure to
request ID from an underage buyer and for selling, giving or furnishing an underage
person with alcohol.

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 held several Arizona liquor licenses from 2011 to date without any incident. I
am Title 4 Manager certified and understand the responsibility of 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:
“Lovecraft currently operates as a restaurant, and will continue to provide an upscale
dining location to an up and coming neighborhood.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Lovecraft Beer Shop and Ale House
Liquor License Map - Lovecraft Beer Shop and Ale House

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 33
Liquor License Data: LOVECRAFT BEER SHOP AND ALE HOUSE


Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 4 4

Beer and Wine Bar 7 2 1

Liquor Store 9 5 1

Beer and Wine Store 10 7 5

Restaurant 12 6 2


Crime Data

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

Property Crimes 58.75 102.07 75.26

Violent Crimes 11.25 11.09 9.23

*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 51 89

Total Violations 90 122




Page 34
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1034001 1544 82 0 6

1035021 1498 61 5 10

1035023 1511 71 2 17

1035025 1744 70 0 4

1048021 941 84 0 4

1048022 1874 40 0 8

1049003 2131 84 6 2

Average 0 61 13 19




Page 35
Liquor License Map: LOVECRAFT BEER SHOP AND ALE HOUSE
3128 E CACTUS RD




Ü
Date: 3/7/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 36



Report

Liquor License - Special Event - Laveen Youth Football Association

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

Summary

Applicant
Richard Lewis-Goodall

Location
4344 W. Indian School Road, Ste. 100
Council District: 5

Function
Concert and Dance

Date(s) - Time(s) / Expected Attendance
June 9, 2023 - 8 p.m. to 2 a.m. / 700 attendees
June 10, 2023 - 8 p.m. to 2 a.m. / 700 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 37



Report

Liquor License - Special Event - Madison Camelview Parent Teacher
Organization, Inc. (PTO)

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

Summary

Applicant
Margaret Dodd

Location
5601 N. 16th St.
Council District: 6

Function
Silent Auction

Date(s) - Time(s) / Expected Attendance
April 29, 2023 - 6 p.m. to 10:15 p.m. / 350 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 38



Report

Liquor License - Ajo Al's Mexican Cafe

Request for a liquor license. Arizona State License Application 233590.

Summary

Applicant
Patrick Dains, Agent

License Type
Series 12 - Restaurant

Location
5101 N. 16th St.
Zoning Classification: C-2
Council District: 6

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 May 2, 2023.

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 39


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 have operated the business for the last 28 years with 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:
“We will employ multiple people to the business and have a full servic restaurant for
people to eat and drink at.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Ajo Al's Mexican Cafe
Liquor License Map - Ajo Al's Mexican Cafe

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 40
Liquor License Data: AJO AL'S MEXICAN CAFE
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 2 2

Bar 6 4 1

Beer and Wine Bar 7 7 2

Liquor Store 9 5 3

Beer and Wine Store 10 13 4

Hotel 11 1 0

Restaurant 12 44 12


Crime Data

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

Property Crimes 58.75 16.26 2.65

Violent Crimes 11.25 3.21 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 51 49

Total Violations 90 87




Page 41
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1076021 1311 82 0 6

1076022 1734 54 18 3

1077002 738 57 10 8

1077003 457 26 26 16

1077004 526 77 27 21

1077005 736 14 6 4

1085011 1023 33 6 13

1085012 1416 74 21 4

1085024 549 43 31 15

1086021 790 37 38 22

Average 0 61 13 19




Page 42
Liquor License Map: AJO AL'S MEXICAN CAFE
5101 N 16TH ST




Ü
Date: 3/7/2023
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 43



Report

Liquor License - Little O's On Central

Request for a liquor license. Arizona State License Application 232498.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 12 - Restaurant

Location
8525 N. Central Ave.
Zoning Classification: R1-6 HCRO
Council District: 6

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 business is
currently under construction with plans to open in May 2023.

The 60-day limit for processing this application is April 24, 2023.

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 44

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.

Little O's (Series 12)
521 W. McDowell Road, Phoenix
Calls for police service: 11
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:
“Currently own another successful location in Phoenix. Will continue to ensure our
employees are Title 4 liquor law trained.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This is a laid back casual restaurant with flavorful food. A place to bring the
neighborhood together.”

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 - Little O's On Central
Liquor License Map - Little O's On Central

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 45
Liquor License Data: LITTLE O'S ON CENTRAL
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 3 0

Beer and Wine Bar 7 2 1

Liquor Store 9 3 1

Beer and Wine Store 10 8 3

Restaurant 12 8 4

Club 14 1 0


Crime Data

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

Property Crimes 58.23 106.42 119.42

Violent Crimes 11.14 20.48 27.7

*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 51 47

Total Violations 90 88




Page 46
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1046002 1676 20 20 39

1046003 1165 68 20 35

1052002 1702 63 7 23

1052003 1140 66 15 17

1053001 1959 84 11 9

1053002 1704 34 25 42

1053003 1205 96 9 0

Average 0 61 13 19




Page 47
Liquor License Map: LITTLE O'S ON CENTRAL
8525 N CENTRAL AVE




Ü
Date: 2/27/2023
0 0.2 0.4 0.8 1.2 1.6
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Report

Liquor License - Pizza Hut #41008

Request for a liquor license. Arizona State License Application 232617.

Summary

Applicant
Theresa Morse, Agent

License Type
Series 10 - Beer and Wine Store

Location
3220 E. Baseline Road, Ste. 126
Zoning Classification: C-1 BAOD
Council District: 8

This request is for a new liquor license for a beer and wine store. This location was not
previously licensed for liquor sales and does not have an interim permit. This business
has plans to open in May 2023.

The 60-day limit for processing this application is April 24, 2023.

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 information is not provided due to the multiple ownership interests held by the


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applicant 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:
“The owners have extensive experience owning and managing liquor licensed
establishment in AZ and other states. All employees and owners are familiar with
current liquor laws and are required to take liquor law classes. The owners primary
purpose is to provide a safe environment for families whether dining in or simply take-
out pizza. The owners have area coaches to provide oversight to all establishments
and will comply with all city, county and state laws”

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 a beer and wine store with restaurant food to go which will service the
local community for pick up or delivery of orders through trained employees. The
company policy is very strict to ensure no person underage or obviously intoxicated is
sold any alcoholic beverage. There will not be any consumption of alcohol on site or on
an adjacent property to conform with Arizona Liquor Law.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Pizza Hut #41008
Liquor License Map - Pizza Hut #41008

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Liquor License Data: PIZZA HUT #41008
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 3 1

Liquor Store 9 1 0

Restaurant 12 5 2



Crime Data

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

Property Crimes 58.23 35.35 60.82

Violent Crimes 11.14 5.14 8.06

*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 51 7

Total Violations 90 9



Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1162032 2507 37 28 11

1162033 1381 79 23 5

1167041 2046 35 19 4

1167042 2012 71 13 9

1167331 388 71 0 0

Average 0 61 13 19




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Liquor License Map: PIZZA HUT #41008
3220 E BASELINE RD




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Date: 2/27/2023
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PAYMENT ORDINANCE (Ordinance S-49567) (Items 12-21)
Ordinance S-49567 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.

12 Angels on Patrol
For $25,000 in payment authority to support the Angels on Patrol
Program. The program provides direct and immediate aid to crime victims
and residents who are experiencing crisis situations, upon
recommendation by an on-duty police officer. The program is unique in
that it provides immediate response, often within two hours of request,
and has been proven effective at providing added stability to Phoenix
residents. Funding will be provided by the City Council District 6 Office.

13 Public Safety Personnel Retirement System
For $89,350 in annual payment authority to purchase the Fiscal Year
2023-24 employer cost of the Firefighter and Peace Officer Cancer
Insurance Policy program for the Fire Department.

14 United Phoenix Firefighters Association
For $300,000 in annual payment authority for the Employee Wellness and
Assistance program for Fiscal Year 2023-24 for the Fire Department. The
program provides employee assistance and professional services to Fire
employees and their family members, and is part of the Memorandum of
Understanding.




Page 53

15 Industrial Commission of Arizona
For $97,230 in payment authority for the Human Resources Department
to pay taxes to the Industrial Commission of Arizona for Workers
Compensation injuries. The City of Phoenix has been self-insured for
Workers Compensation injuries since 2003 and taxes are due quarterly
based on premiums that would have been paid by an employer if the
employer had been fully insured by a Workers Compensation insurance
carrier.
16 American Society of Composers, Authors and
Publishers dba ASCAP
For $55,000 in payment authority to purchase annual music licenses for
the Parks and Recreation Department. The license allows copyrighted
music to be played at all City parks and facilities. The payment authority is
for calendar years 2023 through 2027.
17 Active Network, LLC
For $12,125 in payment authority for the Parks and Recreation
Department to purchase 25 total Honeywell Genesis 7680G Scanners to
scan membership card barcodes. Scanning membership cards allows for
tracking the number of visitors in centers for reporting purposes.
Currently, seven of the existing 19 scanners are not working and are
irreparable. All scanners must be replaced because the existing older
scanners and the new scanners will not work on the same upgraded
technology.
18 Global Music Rights, LLC
For $55,000 in payment authority to purchase annual music licenses for
the Parks and Recreation Department. The license allows copyrighted
music to be played at all City parks and facilities. The payment authority is
for calendar years 2023 through 2027. The license will be renewed and
paid annually.
19 Ghaster Painting & Coating Inc.
For $13,015 in payment authority for the purchase of exterior painting
services for the Parks and Recreation Department for the Phoenix Center
for the Arts. The Parks and Recreation Department has an operating
agreement with the Phoenix Center for the Arts for the management and
operation of the facility, located at 1202 N. 3rd St. Ghaster Painting &


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Coating Inc. was hired by the Phoenix Center for the Arts to perform the
exterior painting of the City-owned facility.

20 Grate Solutions Company Inc. and Neenah Foundry
Company
For $75,000 in payment authority for two new contracts with Grate
Solutions Company Inc. and Neenah Foundry Company, entered on or
about June 1, 2023, for a term of two years for storm drain/catch basin
grates and frames for the Street Transportation Department. The Street
Maintenance Division is responsible for maintaining the City's roadways,
including flooded streets, clogged storm drains, and wash maintenance.
Replacement storm drain grates and frames are needed to repair various
storm sewer inlets throughout the City due to damage and/or wear and
tear. Each contract will have $37,500 in payment authority and capacity.

21 Settlement of Claim(s) Vannan v. City of Phoenix
To make payment of up to $75,000 in settlement of claim(s) in Vannan v.
pursuant to Phoenix City Code Chapter 42. This is a settlement of a claim
involving a dog bite incident with the Police Department on Dec. 13, 2021.




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Report

Public Comment on Proposed MOU Between City of Phoenix and Laborers'
International Union of North America, 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 Assistant City Manager Lori Bays and the Human Resources
Department.




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ATTACHMENT A




MEMORANDUM OF UNDERSTANDING

2023 – 2024

BETWEEN

LABORERS' INTERNATIONAL UNION

OF NORTH AMERICA,

LOCAL 777, AFL-CIO

AND

CITY OF PHOENIX

REPRESENTING FIELD UNIT I EMPLOYEES





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TABLE OF CONTENTS

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

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

Section 1-2. Recognition ................................................................................................................... 5

Section 1-3. City and Department Rights ...................................................................................... 6

Section 1-4: Union Rights .................................................................................................................. 6

Section 1-5. Rights of Unit Employees......................................................................................... 14

Section 1-6. Prohibition of Strikes and Lockouts...................................................................... 21

Section 1-7. New Positions / Classifications .............................................................................. 21

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

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

Section 2-2. Labor-Management Committee .............................................................................. 26

Section 2-3. Bargaining Unit Work ................................................................................................ 27

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 3-2. Productivity Enhancement Pay ............................................................................. 32

Section 3-3. Overtime ........................................................................................................................ 33

Section 3-4. Call-Out Pay ................................................................................................................. 35

Section 3-5. Out-Of-Class Pay ........................................................................................................ 36

Section 3-6. Pesticide Applicator Differential ............................................................................. 37

Section 3-7. Shift Differential Pay .................................................................................................. 37

Section 3-8. Weekend Shift Differential Pay ............................................................................... 38

Section 3-9. Stand-By Pay ............................................................................................................... 38



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Section 3-10. Show-Up Time ........................................................................................................... 38

Section 3-11. Jury Duty Pay ............................................................................................................ 39

Section 3-12. Deferred Compensation Program ........................................................................ 40

Section 3-13. Sick Leave Conversion at Retirement................................................................. 40

ARTICLE 4: HOURS OF WORK / WORKING CONDITIONS ......................................................... 40

Section 4-1. Hours of Work.............................................................................................................. 40

Section 4-2. Rest and Lunch Periods ........................................................................................... 42

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

Section 4-4. Seniority ........................................................................................................................ 43

Section 4-5. Transfer Program........................................................................................................ 43

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

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

Section 5-1: Employee Assistance ................................................................................................ 44

Section 5-2: Health and Dental Insurance ................................................................................... 44

Section 5-3: Life Insurance .............................................................................................................. 45

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

Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations ........................ 46

Section 5-6. Tuition Reimbursement ............................................................................................ 49

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

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

Section 6-2. Copies of MOU ............................................................................................................ 50

Section 6-3. Aid to Construction of Provisions of MOU .......................................................... 50

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

Section 6-5. Term and Effect of MOU............................................................................................ 51





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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.





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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 1-2. 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.


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Section 1-3. 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 1-4: 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
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees; facilitating


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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

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



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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 1-4 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
required to conform with the operational and safety regulations and procedures
as directed by the supervisor.





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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.

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



Page 65
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

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


Page 66
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.

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.



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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, active Union deduction, and a monthly list of
employees added that month to Unit 1.

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.

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.


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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.

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.




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• 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 1-5. 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 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.




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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 on their own time to consult with a union representative
prior to their interview.

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.





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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:

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)].



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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 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.




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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
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 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):

Sustained discipline of 40-hour suspension or greater of the following types:

• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.




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• 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 is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13-3102) at a City
worksite1, unless such employee is a police officer.
1(A worksite includes not only City buildings and property, but also City

vehicles and private vehicles while being used on City business, and
other assigned work locations).
• 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’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.

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





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

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


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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 1-6. 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 1-7. 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

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




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

A. Informal Resolution




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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

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


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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.

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.




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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.

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


Page 81
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 1-4 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.



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



Page 82
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


Section 2-3. Bargaining Unit Work

A. Contracting Out Work – The City will notify the Union, in writing, of the City's
intent to contract with a private agency for planned or emergency work that is
currently being performed by unit employees. The Union may, within 5 business


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days of this notification, request a meeting for the purpose of discussing the
contracted work. The meeting will occur prior to any final recommendation to the

In cases of an emergency when Unit 1 employees are unavailable to perform the
work, for example, a staffing shortage or specialty work, the City will notify
LIUNA as soon as possible via phone or email. The intent is to provide the Union
the opportunity to discuss, but does not prevent the City from contracting the
work in an emergency situation.

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.

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.





Page 85
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 1 City 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. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid as follows:

1. 5.67% base wage increase, effective the first full pay period in July 2023.


B. Additionally, Unit 1 employees will receive a non-continuous payment of
$2,655.00 for each full-time employee and $200.00 for each part-time
employee to be paid out on the first full pay period in August of 2023.



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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.



Section 3-2. 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 2023, and June 2024, 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 2023, and June 2024, 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


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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.

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 3-3. 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.




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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
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



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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. – 2:30 p.m. 6 a.m. – 10 a.m. 40 hrs. Worked
p.m. p.m.
8 hrs. Worked 38 hrs. Paid at
11 hrs. Worked 9 hrs. Worked 4 hrs. Worked
per 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 3-4. 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.


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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 3-5. 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:

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



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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.

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



Section 3-6. 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 3-7. 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.





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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 3-8. 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.

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 3-9. 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 3-10. 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



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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 3-9 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 3-11. Jury Duty Pay

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.




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Section 3-12. Deferred Compensation Program

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



Section 3-13. 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
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:



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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 3-3.

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

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).


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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.

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.



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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.

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




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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

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




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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.

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



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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.

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


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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.

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:





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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
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


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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

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.




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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

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


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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
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 2023, up to the beginning of the first regular pay


Page 107
period commencing in July 2024. 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, 2023, 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
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.





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IN WITNESS WHEREOF, the parties have set their hands this

____ of May, 2023



______________________________________________________________________
Wendell Llopis, LIUNA Local 777 Representative


______________________________________________________________________
Greg Carmichael, Assistant Human Resources Director, City of Phoenix


_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix


ATTEST:


______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED AS TO FORM:


______________________________________________________________________
City Attorney, City of Phoenix




LIUNA 777 Team: City of Phoenix Team:
Wendell Llopis Greg Carmichael, Human Resources
Daniel Salinas Megan Avalos, Human Resources
Michael Ruelas Scott Coughlin, Parks and Recreation
Jasmine Barger Jesse Duarte, Street Transportation
Ronald March Felipe Moreno, Public Works
Alexis Petrinovic Kim Hill, Human Resources (Coordinator)
John Sandoval Lorraine Rodriguez, Human Resources (Scribe)





Page 109



Report

Public Comment on Proposed MOU Between City of Phoenix and American
Federation of State, County and Municipal Employees, AFSCME Local 2384 (Unit
2)

Request for City Council to receive public comment on the terms of the proposed
Memorandum of Understanding (MOU) with the American Federation of State, County
and Municipal Employees, AFSCME Local 2384 (Unit 2).

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 Assistant City Manager Lori Bays and the Human Resources
Department.




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ATTACHMENT A



MEMORANDUM OF UNDERSTANDING

2023 – 2024

CITY OF PHOENIX

AND

AMERICAN FEDERATION

OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES

LOCAL 2384, AFL-CIO

REPRESENTING FIELD UNIT II EMPLOYEES




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PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 5
SECTION 1-1: GENDER ...............................................................................................................................................5
SECTION 1-1A: RECOGNITION ...................................................................................................................................5
SECTION 1-2: CITY AND DEPARTMENT RIGHTS .........................................................................................................5
SECTION 1-3: UNION RIGHTS .....................................................................................................................................6
SECTION 1-4: RIGHTS OF UNIT EMPLOYEES............................................................................................................. 12
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS........................................................................................... 18
SECTION 1-6: NEW POSITIONS/CLASSIFICATIONS .................................................................................................... 18
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 19
SECTION 2-1: GRIEVANCE PROCEDURE ................................................................................................................... 19
SECTION 2-2: ARBITRATION .................................................................................................................................... 24
SECTION 2-3: LABOR-MANAGEMENT COMMITTEE .................................................................................................. 27
SECTION 2-4: HEALTH AND SAFETY COMMITTEE .................................................................................................... 28
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 29
SECTION 3-1: WAGES .............................................................................................................................................. 29
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY............................................................................................... 30
SECTION 3-2: OVERTIME ......................................................................................................................................... 31
SECTION 3-2A: CALL OUT PAY ............................................................................................................................... 33
SECTION 3-3: OUT-OF-CLASS PAY........................................................................................................................... 34
SECTION 3-4: SICK LEAVE CONVERSION AT RETIREMENT ....................................................................................... 35
SECTION 3-4A: SICK LEAVE PAYOUT ...................................................................................................................... 35
SECTION 3-5: SHIFT DIFFERENTIAL PAY .................................................................................................................. 35
SECTION 3-5A: WEEKEND SHIFT DIFFERENTIAL PAY .............................................................................................. 36
SECTION 3-6: STAND-BY PAY ................................................................................................................................. 36
SECTION 3-7: SHOW-UP TIME.................................................................................................................................. 36
SECTION 3-8: JURY DUTY ........................................................................................................................................ 37
SECTION 3-9: DEFERRED COMPENSATION PROGRAM .............................................................................................. 37
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 37
SECTION 4-1: HOURS OF WORK ............................................................................................................................... 37
SECTION 4-2: REST AND LUNCH PERIODS ................................................................................................................ 39
SECTION 4-3: CLEAN-UP TIME ................................................................................................................................ 40
SECTION 4-4: SENIORITY ......................................................................................................................................... 40
SECTION 4-5: BUMP/BID PROCEDURE EQUIPMENT MANAGEMENT DIVISION .......................................................... 40
ARTICLE 5: BENEFITS ................................................................................................ 43
SECTION 5-1: HEALTH INSURANCE AND EMPLOYEE ASSISTANCE ........................................................................... 43
SECTION 5-2: DENTAL INSURANCE .......................................................................................................................... 43
SECTION 5-3: LIFE INSURANCE ................................................................................................................................ 44
SECTION 5-4: LONG-TERM DISABILITY INSURANCE ................................................................................................ 45
SECTION 5-5: HOLIDAYS AND VACATION LEAVE .................................................................................................... 45
SECTION 5-6: UNIFORMS ......................................................................................................................................... 47
SECTION 5-7: PARKING ............................................................................................................................................ 48
SECTION 5-8: TOOL ALLOWANCE ............................................................................................................................ 48
SECTION 5-9: PARENTAL LEAVE .............................................................................................................................. 49
ARTICLE 6: MISCELLANEOUS .................................................................................. 50
SECTION 6-1: SAVING CLAUSE ................................................................................................................................ 50
SECTION 6-2: COPIES OF MEMORANDUM................................................................................................................. 50
SECTION 6-3: APPRENTICESHIP PROGRAMS ............................................................................................................. 51


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SECTION 6-4: PART-TIME EMPLOYEES .................................................................................................................... 51
SECTION 6-5: DEPARTMENT CERTIFICATIONS AND REQUIRED LICENSES ................................................................ 52
SECTION 6-6: SAFETY MANUAL .............................................................................................................................. 52
SECTION 6-7: TERM AND EFFECT OF MEMORANDUM .............................................................................................. 52
SECTION 6-8: ........................................................................................................................................................... 53
ADDENDUM A - ALLOCATION OF STEWARDS ........................................................ 55
ATTACHMENT A .......................................................................................................... 56
ATTACHMENT B (RELATING TO VACATION LEAVE).............................................. 58
ATTACHMENT C (RELATING TO SICK LEAVE) ........................................................ 61





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PREAMBLE
WHEREAS the well-being dignity, respect, and morale of the 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 or M.O.U.) 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 modified herein; and

WHEREAS the parties agree that the Phoenix Employment Relations Board (P.E.R.B.)
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 II;


NOW therefore, the City of Phoenix, hereinafter referred to as "the City," and Local 2384,
as an affiliate of the American Federation of State, County, and Municipal Employees,
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 body resolve to adopt its terms.





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ARTICLE 1: Rights

Section 1-1: Gender
Whenever 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 1-1A: Recognition

A. The City recognizes the Union as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
employees in positions constituting Field Unit II, as certified or as may be modified
by the Phoenix Employment Relations Board (P.E.R.B.).


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 unilateral and exclusive right to operate, administer, and manage its
municipal services and work force performing those services in all respects subject
to this Memorandum.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not expressly modified by specific provisions of
this Memorandum 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 Memorandum, 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 Section 5
of the Meet and Confer Ordinance.




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Section 1-3: Union Rights
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City 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 City 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. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2384 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 employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the members;
serving on City and departmental task forces and committees; facilitating effective
communication between City and Department management and employees;
assisting members in understanding and following work rules; and administering the
provisions of the Memorandum of Understanding. Union release is also used for
authorized employees to prepare for appeals and hearings and attend Union
conferences, meetings, seminars, training classes and workshops so that employees
better understand issues such as City policies and practices, conflict resolution,
labor-management partnerships, and methods of effective representation. The cost
to the City for these release positions and release hours, including all benefits, has
been charged as part of the total compensation detailed in this agreement.

1. Full-Time Release Positions

Four full-time release positions, designated by the Executive Board of the Union,
shall each be allowed up to 2,080 work hours per M.O.U. year to engage in lawful
union activities, pursuant to and consistent with this Memorandum. There will be
a deduction of hours from the Union’s release bank for the fourth full-time release
positions. The full-time release positions agree to comply with all City rules and
regulations. Full-time release positions are subject to all City Personnel Rules
and Administrative Regulations. The City will pay the employees’ full time fringe
benefits. Time used for this purpose in excess of 2,080 hours per position shall
be at the expense of the Union, and the Union shall reimburse the City at the
applicable employee’s hourly rate of pay.

The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.





Page 116
Upon return to their regular city duties, the Unit employee shall be reinstated to
their original position, location, and schedule by seniority.

The City values and benefits from the participation of Union leaders on citywide
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 to participate in these important committees and task forces. In
recognition of this commitment, the City agrees to pay the President of the Union
two hundred eight (208) hours of straight time in his/her compensatory time bank.
Each of the other three full-time Union release positions will receive eighty (80)
hours of straight time in each of their compensatory time banks each MOU year.

The Union, subject to departmental operation and scheduling factors and
reasonable advance notice, shall be allowed a total of one hundred and fifty (150)
hours of paid leave to attend Union seminars, lectures, and conventions.

In addition, the Union shall be allowed fourteen thousand dollars ($14,000)
reimbursable to the Union by the City each M.O.U. year, for designated members
of the local to attend schools, conferences, workshops and training to develop
skills in effective member representation, conflict resolution techniques, labor-
management cooperation, and other employee relations areas that promote
cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used in the first year of the
M.O.U. the balance will carry over into the second year not to exceed twenty-eight
thousand ($28,000) during the term of this M.O.U. Funds not used by the end of
the M.O.U. will expire.

As a result of the COVID-19 pandemic, the Union was not able to attend trainings
in 2020. Due to this, the parties agree to hold over the funds in Article 3, Section
1-3.A.1 until June 30, 2022.

2. Union Stewards

The Union may designate up to fifty-five (55) site stewards, twenty-six (26) chief
stewards, and seventeen (17) lead stewards to serve as Union representatives.
Such designations shall be made from amongst employees regularly working at
the job sites as specified in Attachment "A" and such stewards shall service
grievances at said job sites to which they are regularly assigned, in accordance
with Attachment "A" hereto. Chief Stewards may substitute for job site stewards
in the assigned area of jurisdiction as shown in Attachment "A."

The Labor-Management Committee will discuss the job site allocation of stewards
upon request by either party (Attachment A) and will consider the deletion or




Page 117
addition of stewards in the event of reorganization or expansion of Unit II
departments.

a. The Union shall notify the Labor Relations Division of the Human Resources
Department, in writing, of its designations and re-designations of stewards and
chief stewards.

b. There shall be no obligations on the City, nor shall the City change or modify
employees' permanent regular work schedules or assignments solely as a
result of such designations.

c. One such steward from the Grievant’s home department and the grievant may,
after the grievant and the supervisor were unable to resolve the matter
informally (Article 2, Section 2-1) when the Union is designated by a grievant
as his representative, attend mutually scheduled grievance meetings with City
of Phoenix department representatives without loss of pay or benefits. One
steward working in the same department as a unit member under investigation
may also attend investigative meetings without loss of pay or benefits.
Stewards not from the same department as the grievant or employee under
investigation may provide representation, however the total time spent on
representation will be requested from and charged to the bank of hours as
outlined in 1-3 A 3.

d. City employees who are on duty, either witnesses or grievants and the shop
steward representing an employee, may attend Civil Service meetings and
Phoenix Employment Relations Board (P.E.R.B.) meetings on City time.

e. The Union will be allowed subject to operational and scheduling factors and
fourteen (14) calendar days advance notice, up to one day of paid release time
for authorized stewards to attend a one-time contract orientation session
conducted by the Union in each year of the contract.

f. Union Stewards are subject to all City Personnel Rules and Administrative
Regulations.


3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and
seventy two (72) hours advance notice in each instance, a unit total of three
thousand one hundred eighty three (3,183) 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.





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With the exception of the ten elected union officials, only one representative may
be released from the same work group/shop at the same time. The union may
request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld. No representative (with the exception of
the ten elected union officials), will be permitted to use more than 420 hours of
release time from the bank of hours in any one M.O.U. year.

Any hours used in excess of the bank of Union release hours must be approved
by the Labor Relations Administrator and the AFSCME Local 2384 President. 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 8,325 hours.

B. Unpaid Release Time for Unit Related Activity

Union members may be authorized in advance in writing to engage in lawful Union
activities during City work hours on a non-paid basis at the unrestricted discretion of
the City Manager or designee consistent with the purpose of this Memorandum.

A member selected by the Union to do Unit representative work which takes the
employee from his employment with the City shall, at the written request of the Union,
and subject to Civil Service Rules, be granted an unpaid leave of absence. The leave
of absence shall be in increments of no less than three (3) months and shall not
exceed one (1) year, but it may be renewed or extended for a similar period upon the
request of the Union.

C. The Union will be allowed one (1) hour each orientation session to talk to and recruit
new Unit members into the Union and to explain the rights and benefits under the
M.O.U. This time will be allotted in addition to new employee orientation, at the
departments that have new employee orientation, in the Aviation, Public Works, and
Water Services Departments. The content of such information shall not be political in
nature, or abusive of any person in City employment. This time shall be considered
de minimus time.

D. Prior to the termination of the current Memorandum and subject to operational and
scheduling factors, each designated Union representative, which is defined as the
elected Executive Board, will be allowed up to one day of paid release time to facilitate
the familiarization of the terms of the successor Memorandum.

E. There shall be no use of official time for Union related activities except as expressly
authorized under the aforesaid sections.

F. International and Union Representatives





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Accredited International and appropriately designated Local representatives shall be
admitted to the buildings and grounds of the City during working hours for legitimate
Union purposes including providing representation to employees, so long as such will
not 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 required to
conform to the safety regulations of the work site. Non-City personnel will be identified
to the department director or designee prior to entering restricted City areas.

G. Payroll Deduction

1. The City shall deduct from the first pay warrant of Union members, in each month,
the regular periodic membership dues and regular periodic Union sponsored
insurance premiums 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 fourteenth (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 deduction shall be made
only when the Union member's earnings for a pay period are sufficient after other
legally required deductions are made.

2. Authorization for membership dues deduction herein under 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.

3. 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 Memorandum. At each scheduled Labor Management
Committee meeting, the City shall provide to the Union a list of any exceptions to
this provision arising from transfers between any other Unit.

4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will 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.

H. Facilities and Services

1. The Union through its designated representative, may distribute materials on the
City premises (buildings and grounds) before and after scheduled working hours
or in non-work areas during scheduled work hours provided that both the
employee distributing and the employee receiving such materials are on non-work
periods.


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2. The City shall provide the Union with accessible bulletin boards at mutually
agreed upon locations. The City shall grant sole and exclusive use of such bulletin
boards to the Union.

3. Materials which are abusive of any person or organization, which conflict with laws
regulating the political activities of City employees, and which are disruptive of the
City’s operations may not be posted or distributed.

4. The Union may grieve any refusal by the City to approve posting or distributing of
materials. The City will not arbitrarily disapprove materials.

5. Upon the Union’s filing of a Third Party Data Sharing Agreement with the Labor
Relations Division, the City shall provide the Union, upon request, a listing of Unit
employees indicating name, address, job classification, department number,
and/or a seniority list by job classification.

6. The City will endeavor to maintain remote computer access to the City’s intranet
for the Union Office.

I. Contracting Out

The City will comply with the provisions of Management Procedure Number 5.501,
dated February 7, 1994, and notify the Union, in writing, of the City's intent to contract
with a private agency for the provision of municipal services. The Union may, within
seven (7) calendar days of this notification, request a Labor-Management Committee
meeting for the purpose of discussing the potential contract. It is understood by all
parties that the Union's exercise of rights granted by this Article shall in no way delay
the process outlined in Management Procedure 5.501, nor impede the City's authority
to enter into a contractual agreement with a private agency.

The City will provide the union, upon request, with a listing in electronic format of unit
employees’ name, home address, date of employment, and department. The City will
also provide mailing information of all Unit 2 employees at the request of the Union.

The City shall provide the Union a list of all Unit 2 vacancies monthly.

Based upon mutually agreed upon frequency, departments will establish regular Labor
Management meetings with union leadership to ensure productive communications
on items such as: department policy changes and the outsourcing of services currently
performed by unit members which could directly result in a reduction in the number of
permanent Unit positions (“contracting out”).





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Section 1-4: Rights of Unit Employees
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City 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 City 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. 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 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 stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by management may result in a disciplinary action.

• An employee is entitled to Union representation if the employee reasonably
believes that the investigatory interview will result in disciplinary action and the
employee has requested representation from their union.

C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. 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.

D. If the City elects to issue written questions to the employee, the following shall apply:

1. If an NOI is being issued and there is no active questioning, representation is not
required.

2. 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:



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1. Prior to the employee being interviewed, the employee shall be advised of their
right to a representative.

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

3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting 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.

4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.

5. 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 and counsel from their representative in caucus during the
interview.

6. The union representative may not behave in a violent, verbally abusive, insulting,
or demeaning manner toward the interviewer.

7. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement.

8. 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.

9. 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.

10. Except for emergency situations, the unit employees shall have a minimum of 48
hours to arrange for union representation when the member is the subject of an
administrative investigatory interview. The union representative will make every
reasonable attempt to arrive within the 48 hours. An employee may waive the 48-
hour time requirement if the employee is not opting for representation. Employees
will be provided with the NOI cover sheet (and attachment if applicable) listing the
allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.

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





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

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

3. The member shall also be informed that none of their statements, nor any
information or evidence which is gained by reason of such statements, can be
issued against them in any criminal proceedings.

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

5. An employee under investigation will be notified in writing every 90 calendar days
as to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of
the number of known witnesses still to be interviewed and other investigate
processes remaining to be completed, as well as an estimated date of completion.

G. Misc.

1. A unit member identified solely as a witness will not be prevented from reaching
out to the union on their own time to consult with a union representative prior to
their interview.

2. Only paperwork pertaining to any completed NOI investigation resolved as
sustained will be kept in an employee's personnel files.

3. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at meeting required by
management, the Union Steward will receive overtime compensation for actual
time held over or a minimum of 1 hour if called from home.

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. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.

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


Page 124
provided by this Article unless otherwise specified in this MOU. 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.

K. Unit employees have the right to present their own grievance, in person or by legal
counsel.

1. Any Unit member covered hereunder or his representative designated on a written
form signed by the employee shall, on request and by appointment, be permitted
to examine his departmental personnel file, in the presence of an appropriate
supervisory official of the Department.

2. No Unit member shall have any adverse comments entered into a departmental
personnel file without the member being informed by a supervisor. The Unit
member shall be asked to date and sign such material solely as evidence of being
advised of its existence, not as indicating agreement. If the Unit member
requests, he shall receive a copy of the adverse comment.

3. Unit members may, at their discretion, attach rebuttal statements to any material
contained in their departmental personnel file, which may be adverse in nature.
The attachments must be no more than 4 pages.

L. The City will comply with provisions of A.R.S. Section 12-2506, paragraph D,
subparagraph 1, and assume responsibility for actions of any Unit II employee in a
legal proceeding for personal injury, property damage, or wrongful death, when it is
demonstrated that the employee was performing his regularly assigned duties without
malice or any degree of negligence.

M. 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):

Sustained discipline of a 40-hour suspension or greater discipline of the following
types:

• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, 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.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13- 3102) at a City
worksite, unless such employee is a police officer. (A worksite includes not only



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City buildings and property, but also City vehicles and private vehicles while
being used on City business, and other assigned work locations.)
• 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’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For
enforcement positions within the Police Department).

N. The City shall post on employee bulletin boards for employee review any new policies
and/or revision in City or written department policies and procedures affecting Unit II
employees and provide a copy to the Union. Notice shall remain posted for not
less than thirty (30) calendar days. Review of policy and procedure revisions shall be
included in employee meetings and shift briefings when appropriate and practical to
do so. The City will notify employees of new or revised written City or Department
policies affecting Unit employees as soon after release as possible.

Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).

O. A coaching is a verbal discussion with an employee. A coaching is not disciplinary
nor shall it be considered a first offense for purpose of progressive discipline.
Employees will be advised that they are receiving a coaching at the time it is given.
A written record of a coaching may be placed in the supervisor’s file for both positive
and negative incidents. An employee may receive more than one (1) coaching for a
similar matter.

A supervisory counseling is a verbal 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 improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The


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memo will contain a line for the employee’s signature and above the line the
statement: “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.

A supervisory counseling will only be retained in the supervisor’s file. It will not be
placed in the employee’s personnel file.

Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coachings/Supervisory Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no
further incidents.
Maintain copy in Maintain original
Maintain copy in
file. in file.
file.
Employee may Employee may
Written Reprimands Remove annually
request to request to
provided no
remove inactivate
further incidents.
after 3 years. after 3 years.
Maintain copy in Maintain original
file. in file.
Suspensions Employee may Employee may
Maintain copy in
(other than below) request to request to
file.
remove inactivate
Remove annually
after 10 years. after 10 years.
provided no
Maintain copy in Maintain original
Discipline as discussed further incidents.
file. in file.
in
Cannot Remove May not be
section 1-4.M.
inactivated

The official discipline record is maintained in the Personnel File. 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
above criteria. Official records may only be inactivated and not removed.

If an employee receives a written reprimand during the rating period, the supervisor
will document the improvement required in the employee’s performance evaluation
without documenting the issuance of discipline.

The City continues to retain the format used for corrective action/discipline,
including forms, technology, etc.

P. If an employee is not given his/her PMG by the annual review date, the employee’s
merit increase will be processed within twenty-one (21) calendar days following the


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above due date and be retroactive to the PMG annual review date. (If PMG is an
overall “met”).

Employees will be notified of performance issues as they occur or are discovered.

Q. All unit members have the right to be treated in a manner which is fair and impartial
in any matter associated with the rights of unit members under specific terms of this
Memorandum of Understanding.

If a unit employee is suspended, it is understood that a suspension day is defined as
eight (8) hours. For employees working compressed workweek, the remaining hours
of the workday would be accounted at the sole discretion of management.


Section 1-5: Prohibition of Strike and Lockouts

A. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance
are expressly incorporated herein.

B. There shall be no "lockout" by the City during the term hereof.


Section 1-6: New Positions/Classifications

A. 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.

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.

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.

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


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and grade and salary levels. At least two requests by the Union shall be started by the
Human Resources Department in order of their ranking per contract year.



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 City 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 City 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. The parties agree that the first attempt to resolve employee complaints arising
under this M.O.U. will be an informal discussion between the employee and his
immediate non-unit supervisor only.

2. It is the responsibility of Unit members who believe that they have a bona fide
complaint concerning their working conditions to promptly inform and discuss it
with their immediate non­unit supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-immediate
supervisor level.

3. If such informal discussion does not resolve the problem to the Unit member's
satisfaction, and if the complaint constitutes a grievance herein defined, 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 employee, submitted as herein
specified, claiming violation(s) of the specific express terms of this Memorandum
for which there is no Civil Service or other specific method of review provided by
State or City law.

2. The City continues to retain the format used for the 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


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In processing a formal grievance, the following procedure shall apply:

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

Step 1

The unit employee shall reduce the grievance to writing by completing all parts of the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within fourteen (14) calendar days of the initial
commencement of the occurrence being grieved or when the employee had
reasonable cause to become aware of such occurrence. The City will assign a
grievance number within fourteen (14) calendar days. Either party may then request
that a meeting be held concerning the grievance or they may mutually agree that no
meeting be held.

The second line supervisor shall, within fourteen (14) calendar days of having received
the written grievance or such meeting, whichever is later, submit his response thereto
in writing to the Grievant and the Grievant’s representative, if any. The parties by
written mutual agreement may skip from Step 1 to Step 2 of the grievance procedure.

Step 2

If the written response of Step 1 does not result in resolution of the grievance, the
grievant may appeal the grievance by completing the City form and presenting it to
the second Step of review, the Department Head or his designee, within fourteen (14)
calendar days of the grievant’s receipt of the Step 1 response.

Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within fourteen (14) calendar days of having
received the written grievance or the meeting, whichever is later, the second level of
review shall submit his response to the grievance to the grievant and the grievant’s
representative, if any. The parties by written mutual agreement may skip from Step 2
to Step 3 of the grievance procedure.

Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee/Arbitrator,
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 fourteen (14) calendar days of receipt of the
Step 2 response. Labor Relations shall, within fourteen (14) calendar days of the
receipt of the grievance, meet with the department head, or designees, 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


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fourteen (14) calendar days of the meeting.

Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
resolution of the grievance, the grievant and Union may, within fourteen (14)
calendar days of having received the Step 2 response, appeal the grievance by
completing the City form and presenting it to the Grievance Committee. The
Grievance Committee shall be composed of:

The Grievance Committee will consist of:

Chairman: A member of the City Manager's Office designated by the City
Manager.

Member: A mutually agreed upon neutral member.

Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.

At the beginning of each contract year, the Union and the City will each select
five Department Directors to serve as Grievance Committee members. No
selected Department Director will serve as a committee member when the
grievance involves his/her department. Staff support to the Grievance Committee
will be provided by the Human Resources Department. The Labor Relations
Administrator and/or Department Director in Labor Relations will serve as an
advisor to the committee.

The Grievance Committee shall, within fourteen (14) calendar days of receipt of
the appeal, schedule a hearing regarding the grievance at which the grievant shall
be afforded the opportunity to fully present his position and to be represented. The
Grievance Committee shall, within fourteen (14) calendar days of the conclusion
of the hearing, make advisory recommendation on the grievance and submit it to
the City Manager for final determination for those employees who have elected to
use this procedure instead of arbitration.

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. In lieu of such hearing, the grievant and the Union may jointly invoke the
following procedure by submitting the written notice to the Labor Relations
Division within fourteen (14) calendar days of having received the Step 2
response. If the grievant and the Union so elect in writing within the above time


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limit, in lieu of such Grievance Committee 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 seven (7) arbitrators who have had experience in the public sector. The
parties shall, within fourteen (14) calendar days of the receipt of said list, select
the arbitrator by alternately striking names from the 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 neither add to, detract from, nor modify the language of
the Memorandum or of Departmental rules and regulations in considering any
issue properly before him/her.

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

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

The arbitrator shall submit his findings and advisory recommendations to the
grievant and the City Manager, or their designated representatives. The costs
of the arbitrator and any other mutually incurred costs shall be borne equally
by the parties. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.

D. 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, Section 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of the procedure. All
other grievances must be filed and signed by Unit employees subject to the
provisions of this Article.

E. 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 employees. Such group grievances shall be filed at the
step of this procedure which provides the lowest level of common supervision


Page 132
having authority over all named grievants. Each Unit employee that is a party
grievant must be named and must sign such group grievance. The Union may sign
a group grievance on behalf of employees, however, in such instance, the grievance
must be amended within fourteen (14) days naming each Unit employee who is a
party grievant and containing his signature.

F. Time Limits

Failure of the City Management representatives to comply with time limits specified
in Section 2-1 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.

G. Notice to Union of Grievance Resolution

The City will put the Union on notice of proposed final resolutions of grievances
where the Union has not been designated as the grievant's representative for the
purpose of allowing the Union to ascertain that a final resolution will not be contrary
to the terms of this Memorandum.

The City will ensure that a copy of every M.O.U. grievance filed by a Unit member,
including the response from management, is forwarded to the Union at each step of
the process.

H. The City will not discriminate or retaliate against employees because of their
exercise of rights granted by this Article.

I. Employer grievances, should they occur as a result of official Union activities or
actions, including the failure to act as required under this agreement, will be
presented directly to the Union President or any Officer of the Union within fourteen
(14) calendar days of the occurrence prompting the grievance, or within fourteen
(14) calendar days of the date upon which the employer became aware of the
situation prompting the grievance. The President, or designee, shall, in each case,
provide a written answer within fourteen (14) calendar days from receipt of the
grievance

Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein; provided that the employer shall bear the cost of the services of the
arbitrator.

J. The Union and the City agree to meet at regular intervals (as defined in Article 2
Section 2-2 Labor/Management Committee) to find ways to improve the grievance
procedures.





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Section 2-2: Arbitration
A. Independent Arbitrator

Any Unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 2-1 C below.

B. Appeal

The Union, on behalf of the employee, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within fourteen (14) calendar days after the date
of service of notice of the order of suspension, demotion, or dismissal on him
personally, or twenty-one (21) calendar days from the date of mailing by certified mail
the notice of the order of suspension, demotion, or dismissal. The request must be
in writing and must state specific allegations in the discipline notice with which the
employee disagrees. The request must be personally delivered to the Board or
deposited in the United States mail, certified return receipt requested, postage
prepaid, addressed to the office of the Civil Service Board, within the above-stated
time.

The Union, on behalf of the employee, shall also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.

C. Selection of Arbitrator

If the request for an independent arbitrator to be appointed as a hearing officer is
approved by the Civil Service Board, the Labor Relations Administrator or his
designated representative on behalf of the City and the Union president or his
designated representative on behalf of the employee shall agree on an independent
arbitrator within ten (10) calendar days after approval and appointment by the Board
of the appeal request. If an agreement on an independent arbitrator cannot be
reached within said ten (10) calendar days, either party may request that the Federal
Mediation and Conciliation Service (FMCS) or the American Arbitration Association
(AAA) provide a list with the names of seven (7) arbitrators with public sector
experience. In requesting such lists, the parties shall stipulate that arbitrators should
be from within Arizona.

The parties shall, within seven (7) calendar days of the receipt of the list, select the
arbitrator by striking names alternately until one-name remains. The remaining name


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shall be designated as the independent arbitrator appointed by the Civil Service
Board as the hearing officer for the appeal. The parties shall jointly communicate with
the chosen arbitrator to advise him of the appointment.

In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties shall either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
independent arbitrator from the original list. The independent arbitrator chosen shall
be designated as the hearing officer appointed by the Civil Service Board for the
appeal.

D. Time for Hearing

When possible the hearing date shall be set within thirty (30) calendar days from the
request. Delays may be granted by mutual agreement of the parties. However, any
such delay occurring at the request of the Union, shall automatically be excluded from
any calculations of back pay to the employees, if any, as determined by the Civil
Service Board.

E. Hearing Procedures

The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer shall not be bound by the technical rules of evidence, nor shall informality in
any of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule, or regulation made or approved by the Civil Service Board.

F. Witnesses

An employee appellant, or an employee subpoenaed as a witness, shall be granted
a leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.

At the request of either party, the arbitrator shall order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.

G. Proposed Findings; Objections to Report

Either party may file with the hearing officer written proposed findings of fact and
conclusions within seven (7) calendar days of the conclusion of the hearing. A copy
of such proposed findings and conclusions shall be served on the other party at the
same time as filing with the hearing officer.





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No later than two (2) calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer's report. A copy of such objections
shall be served on the other party at the same time as filing with the Civil Service
Board. No post-hearing evidence shall be submitted.

H. Requirements

The independent arbitrator selected by the parties and appointed by the Civil Service
Board pursuant to this article shall be bound by the following:

1. The independent arbitrator shall neither add to, detract from, nor modify the
language of this Memorandum of Understanding.

2. The independent arbitrator shall be expressly confined to the precise issues
submitted and shall have no authority to consider any other issue.

3. The independent arbitrator shall be bound by applicable Federal, State, and City
laws.

I. Report

Within two (2) weeks of the conclusion of the hearing, the hearing officer shall forward
all records and the report containing a statement of the findings of fact, conclusions,
and recommendations concerning the appeal to the Civil Service Board and send a
copy of the report to the parties. The hearing officer may recommend to the Civil
Service Board the discipline be upheld or modified, or rescinded pursuant to
Personnel Rule 22 (e).

J. Costs

The cost of the independent arbitrator and other costs related to obtaining said
arbitrator shall be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.

K. Civil Service Board

It is expressly understood that this article shall not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.

L. Representation





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The parties agree that for the purpose of this article the City will be represented by
the Labor Relations Administrator for the City of Phoenix or designee and the
employee will be represented by the President of AFSCME, Local 2384 or designee.


Section 2-3: Labor-Management Committee
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City 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 City 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 representatives of the
Union and representatives of the City. The purpose of the Committee is to facilitate
improved labor-management relationships by providing a forum for the free
discussion of mutual concerns and to attempt to resolve problems brought to its
attention. Participants will agree to meet quarterly.

B. During the term of this M.O.U., the Union and the City shall establish an
Apprenticeship Labor Management Committee. The Apprenticeship Labor
Management Committee shall be comprised of a maximum of five (5) persons each
from Labor and from Management.

C. The Committee shall meet monthly or at other mutually scheduled times.

D. 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.

E. The Union shall be advised of management recommendations for contracting of work
presently being performed by Unit employees which would directly result in a
reduction in the number of permanent Unit positions during the term of this
agreement. The Union may request an opportunity to discuss these
recommendations in the Labor-Management Committee prior to any final
recommendation to the City Council. Failure by the City to notify the Union under this
Article may be subject to the Grievance Procedure of this Memorandum.

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

F. Any signed/dated written Labor/Management agreements with the signatures of both
parties and the Chairperson will be binding on the parties for the remaining term of
this M.O.U.





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Section 2-4: Health and Safety Committee
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. 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.

The City will continue its practice of providing personal protective equipment to
protect employees from recognized safety and health hazards, this includes voucher
for boots on an as needed basis.

A Unit employee may file, without fear of discipline, retaliation, or discrimination, a
grievance (Article 2 Section 2-1) when, in his best judgment, the City has failed to
comply with specific safety and health standards promulgated by local, state, and
federal regulations.

B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This committee shall be composed of two (2) Unit
employees appointed by the Union and two (2) City representatives as designated
by the City Manager. The chair shall rotate among the members.

C. The committee shall meet quarterly or at other mutually scheduled times 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. In the discharge of its function, 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. Union members assigned to the Health
and Safety Committee shall be permitted to attend Department Health and Safety
Committee meetings.





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ARTICLE 3: Compensation/Wages

Various sections of this M.O.U. 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.


Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This
will be paid as follows:

1. A 5.55% base wage increase, effective the first full pay period in July 2023.

B. Additionally, Unit 2 employees will receive a non-continuous payment equal to
the economic value of 5.0% of their base wage to be paid out on the first full pay
period in August of 2023.

C. The City will complete a classification and compensation study before
December 31, 2023.

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.

D. If the City projects a General Fund surplus for Fiscal Year 2018-2019 in the five-year
forecast that is presented to City Council in February 2018, the parties will Meet and
Confer in February 2018.

E. Licensed Pesticide Applicators shall receive fifty ($.50) 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.

F. Unit II Employees required by the City to maintain a Commercial Drivers License
(CDL) as a secondary part of their regular position duties shall receive twenty cents
($.20) in addition to their base hourly rate. This pay is not applicable to all positions in


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classifications which hold CDLs, nor is it applicable to positions in classification in
which driving is a primary function of the position.

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

H. The term "Pay Schedule" shall mean the schedule computed and published by the
Human Resources Department for payroll purposes.

Unpaid “Floating” Holidays

Unpaid “floating” holidays must be designated and approved by their supervisor by
August 1 of each fiscal year. If not all unpaid “floating” holidays are designated by the
deadline, the holidays will be designated by the department by September 1. The
unpaid “floating” holiday furlough may be taken in at least a one (1) hour increment.
Per state law, New Year’s Day, Independence Day, Labor Day, Thanksgiving, and
Christmas must be paid holiday; and therefore, cannot be designated unpaid
“floating” holidays.

Administration and approval of unpaid “floating” holidays are not subject to the
grievance procedure.

The unpaid holiday requirement will be phased out by Year Two of the 2016-19 MOU.


Section 3-1A: Productivity Enhancement Pay

Productivity Enhancement Pay

In recognition of continuous service and overall performance, the City agrees to the
following Productivity Enhancement pay formula for Unit II employees.

A. Pay Benefit:

In November of each calendar year, and June of each calendar year, unit members
who have completed at least six (6) years of continuous full-time service and who
meet the additional qualifications specified in this section shall qualify for one hundred
and three dollars ($103.00) for the completion of each year of continuous full-time
service in excess of five (5) years, up to an annual maximum of three thousand five
hundred and two dollars ($3,502) at the completion of 22 years of continuous full time
service.

In November of each calendar year, and June of each calendar year, unit members
who have completed twenty three (23) years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for


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one hundred thirty-eight dollars and eighty-nine cents ($138.89) for the completion of
each year of continuous full-time service in excess of five (5) years, up to annual
maximum of six thousand one hundred twelve dollars ($6,112) at the completion of
twenty-seven (27) years.

B. Qualifications:

1. An employee must have completed at least one year of continuous full-time
service at the top step in his classification.

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 movement to positions
within the same pay range.

When a position is reclassified to a higher classification, or when a 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 to 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 amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change results in only a maximum possible one-range increase and the
incumbent is receiving Productivity Enhancement pay, he/she will be moved to
the top step and continue to be eligible for Productivity Enhancement pay.

2. An employee must have completed six (6) years of continuous full-time service.

3. An employee must have received an overall performance rating of “Met” on his
latest scheduled performance evaluation on file at the time of the qualifying date.

4. 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.

C. Terms of Payment:

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


Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled
workweek or daily work shift; it being understood that overtime for Unit members who


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normally work a daily work shift of eight (8) consecutive hours, including a paid meal
period on the job, is defined as time assigned and worked in excess of forty (40)
hours in a seven (7) day work period, or eight (8) hours per daily shift including paid
meal periods. In addition, when an employee is assigned and works two (2) eight (8)
hour shifts, and/or two (2) ten (10) hour shifts, or any combination of the two shifts,
the second of which commences less than twelve (12) hours after the regularly
scheduled conclusion of the first, that amount of time falling within said twelve (12)
hour period is deemed overtime for purposes of Section 3-2 D below, except,
however, that such twelve (12) hour rule does not apply to regular shift change
situations, relief positions, and positions in the classification of Event Services Worker
at the Phoenix Convention Center. The twelve (12) hour rule also does not apply if
an employee works less than a full shift either before or after his/her regular shift.

B. For the 2019 – 2021 M.O.U. contract, 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 (but not daily work shift). 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.

C. Overtime shall be worked and shall be allowed if assigned by the non-Unit supervisor
or other authorized representative of the City.

D. Overtime work will be compensated at one and one-half (1 1/2) times the regular rate,
which will be computed in accordance with provisions of the Fair Labor Standards
Act. Such payment will commence after the first seven (7) minutes.

E. In lieu of cash payment, a Unit member may request compensatory time credits up
to a maximum accumulation of two hundred and fifteen (215) hours. Authorized
overtime hours worked in excess of the maximum accumulation shall be paid in cash.
The request for compensatory time credit must be made at the time the overtime is
worked. The Department Head shall make the final determination on the method of
payment (either cash or compensatory time). Use of compensatory time off shall be
subject to departmental approval and scheduling.

F. Compensatory Time Conversion

Effective July 1, 2018, a unit member may convert accumulated compensatory time
credits to cash twice per M.O.U. year, up to a maximum of seventy (70) hours by
notifying the Department Head in writing of such intent either July and/or November.
Payment will be made on or before August 31 or November 30.





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G. The City shall endeavor to distribute the opportunity for non-standby overtime equally
between employees or crews of employees within the same classification and work
location.

Records of overtime worked by employees shall be provided to the designated Union
Steward, to be posted on a quarterly basis on Union bulletin boards. In areas where
no Steward is available, the list will be sent electronically to the Union Hall general
email address: afscme2384@afscme2384.com. In addition, records of overtime
worked by Unit members shall be made available for inspection by an authorized
representative of the Union upon advance request and at reasonable times.

H. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate
staffing, or to ensure service delivery, or to conduct mandatory training.

I. Where a ten (10) hour, four (4) day workweek schedule is implemented, overtime is
defined as time assigned and worked beyond ten (10) hours a day or forty (40) hours
a week.


Section 3-2A: Call Out Pay
The eight (8) hour period before the start of a Unit employee’s regular shift is to be called
“rest time.” If an employee is called out during this time, the employee shall be allowed to
adjust their work hours up to 4 hours (flex time) to allow the employee to have proper rest
before the start of the employee’s shift, whenever possible at the supervisor’s discretion.
Example: An employee starts at 6 am, and is allowed to start at up to 10 am to 8 pm.

An employee shall have a minimum of three (3) hours’ pay at overtime rates when called
out for work after going home from a shift, or when called out for overtime work while on
standby pay.

Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate forty-five (45) minutes after being relieved from
duty. These forty-five (45) minutes travel time shall be included in the minimum guarantee
and shall be paid only if the total work and allowed travel time exceed the minimum.

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.

Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.

Remote Access Support


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Employees on Stand by called to perform work by remote access, such as VPN, shall
receive a minimum of thirty (30) minutes pay at the overtime rate or the actual amount of
time expended, whichever is greater. Remote access overtime shall be paid even when
more than one call out is made provided these calls are separated by more than thirty
(30) minutes. Calls placed closer than thirty (30) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.

Telephone Support
Employees on Stand by called to perform work by means of telephone support shall
receive fifteen (15) minutes pay at the overtime rate or the actual amount of time
expended whichever is greater. Telephone support overtime shall be paid even when
more than one call out is made provided these calls are separated by more than fifteen
(15) minutes. Calls placed closer than fifteen (15) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.


Section 3-3: Out-of-Class Pay
A Unit employee who is 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:

A. To be eligible for the additional compensation, the Unit employee must first
accumulate ten (10) regular working shifts of assignment in the higher class within
any twenty-four (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 will be credited to the qualifying period. The days of out-of-class
assignment need not be consecutive. Once this qualification is satisfied, no
additional re-qualification will be required. In addition, out-of-class credit shall be
given for out-of-class work for five (5) hours work for a ten (10) hour shift and for four
(4) hours work for an eight (8) hour shift.

B. Temporary assignments out-of-class shall be recorded only in full shift units. A Unit
employee working out-of-class for five (5) hours for a ten (10) hour shift or four (4)
hours for an eight (8) hour shift shall be credited with working out-of-class for the
entire shift.

C. To qualify for out-of-class pay, a Unit employee must be given the assignment in
writing by a non-Unit supervisor or other authorized management representative of
the City.

D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class. Such time, however, shall be
submitted by the employee as creditable experience in promotional examinations for
the higher class.



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E. A Unit member 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
classification.


Section 3-4: Sick Leave Conversion at Retirement

A. Sick Leave Cash Out Formula

Effective July 8, 2002, the following benefits shall apply:

Upon retirement, bargaining Unit employees with a minimum of 750 hours of accrued
and unused sick leave, excluding the first 250 hours, will be paid for 25% of the
remaining hours as base hourly wage.

Additional language of this Section 3-4 is contained in Attachments B and C.


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: Shift Differential Pay

Unit employees shall receive ninety cents ($0.90) per hour in addition to their regular rate
of pay when working a night shift which ends at or after 9:00 p.m., and before midnight,
and one dollar and twenty-five cents ($1.25) per hour in addition to their regular rate of
pay when working a night shift which includes work during the period after midnight to
4:00 a.m.

Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.

Shift premium pay shall continue to be paid at the rate of the regular shift for any additional
hours worked following the regular shift. Effective July 1, 1999, night shift premium pay
applies to regular part-time employees.




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Section 3-5A: Weekend Shift Differential Pay
Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.

Effective July 10, 2006, a Unit member shall receive forty cents ($0.40) 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 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 member shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.

A Unit member 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 member was called out while on stand-by status, he will not receive
weekend shift differential.


Section 3-6: Stand-By Pay

When a Unit member is required to be available for call-out outside the employee's regular
work schedule, the member shall be compensated for such assigned stand-by hours at
two dollars ($2.00) per hour. Starting in the first pay period in July 2007, stand by pay
shall increase to two dollars and fifty cents ($2.50) per hour. 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 for work as scheduled, shall be paid for at
least four (4) hours at the applicable 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. 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 four (4) hours at the regular rate of pay, beginning at release, or to the end of the
scheduled work shift, whichever occurs first.

Except in emergencies, an employee who is scheduled to report to work for overtime, has
not been notified to the contrary, and presents himself for work as scheduled shall be paid
for at least four (4) hours at the applicable rate of pay. An employee who is entitled to
four (4) hours of pay due to cancellation in whole or in part of their shift will not receive



Page 146
pay for travel time to and from the worksite for this shift. Employees are not entitled to
submit vacation or compensation time for the remainder of an overtime shift.

An employee will only be paid at the overtime rate for hours “actually worked” and will be
paid at the otherwise applicable rate of pay for the remainder of the four (4) hours.
“Actually worked” is defined as the time the employee is scheduled and available to
perform work or performing job duties, prior to being released by a supervisor because
that work has ended.

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, "Stand-By Pay" hereof). An employee shall have the option of using either
vacation time or compensatory time for the balance of his regular shift. Employees called
back to work shall be entitled to their regular pay only and not any premium for work
performed during the balance of their regularly scheduled shift.


Section 3-8: Jury Duty
A Unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence from municipal duties without loss of pay for the time actually
required for such service and reasonable travel time and shall, if he chooses, retain jury
or witness pay, except where such testimony or witness duty is the result of an employee's
official duties as a City employee.

To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.

Paid witness leave shall not be allowed when the Unit employee is the defendant or
plaintiff in a court action.


Section 3-9: Deferred Compensation Program

The City will contribute 3.62% of the base wage to a 401(a) Deferred Compensation
Plan (DCP) for each Unit employee for each year.


ARTICLE 4: Hours of Work/Working Conditions

Section 4-1: Hours of Work

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.

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

a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
d. Signed Wavier

B. The work week shall only consist of a schedule of consecutive work days in a seven
(7) calendar day pre-established work period, except in the Equipment Management
Division of Public Works Department. Any changes to the consecutive workday
schedule will be made by mutual agreement between AFSCME 2384 and the City on
the 4 day, 10 hour work shift.

C. Within a five (5) day work schedule, the work day will consist of eight (8) hours of
work within any twenty-four (24) hours in a pre-established work schedule, excluding
relief positions. Within a four (4) day work schedule, the work day will consist of ten
(10) hours of work within any twenty-four (24) hours in a pre-established work
schedule, excluding relief positions.

The City and the Union recognize that no regularly scheduled shift lengths, other than
those outlined in Article 4, shall be observed in Field Unit II.

D. Relief Crews

At the 9lst Avenue and 23rd Avenue Wastewater Treatment Plants, there may be one
(1), but no more than one (1), relief crew per plant as determined by management.

E. Permanent regular work schedules showing the employees' shifts, workdays, and
hours shall be posted on appropriate department bulletin boards.

F. 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 affected employees and the Union Hall, not less than fourteen (14)
calendar days in advance and will notify the Union of such changes, prior to actual
implementation.

In emergency situations, temporary work schedules may be adopted without the
fourteen (14) calendar days notice to the affected employees. "Emergency" shall
mean unforeseen operational circumstances.

Employees have the option to waive their fourteen (14) calendar day notice and begin
their new schedule with the City and Union's written approval.





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G. Summer hours shall begin no later than the last Monday in April and shall terminate
no earlier than the second Monday in September 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 in the year than specified in
this section, or terminated later in the year than specified in this section.

H. The City may implement ten (10) hours per day, four (4) days per week work
schedules when it is determined by the City that such scheduling is beneficial to City
operations.


Section 4-2: Rest and Lunch Periods
Scheduled work shifts shall include meal periods to be observed as follows:

5 DAY WORK WEEK MEAL PERIOD

8 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.

8-1/2 hours No less than 30 minutes, unpaid.

9 hours No less than 60 minutes, unpaid.

4 DAY WORK WEEK MEAL PERIOD

10 hours Under normal conditions, no less than 30 minutes on
the job, paid at straight time.

10 1/2 hours No less than 30 minutes, unpaid.

11 hours No less than 60 minutes, unpaid.

Two (2) non-work periods of fifteen (15) minutes during the above scheduled work shifts
shall be permitted to promote the health, safety, and efficiency of employees on the job.
Activities of employees during those non-work periods shall not be subject to any
unreasonable restrictions.

When work demands permit, with a supervisor’s approval, a Unit member may combine
their thirty (30) minute meal period with one of his fifteen (15) minute rest periods to
achieve a forty-five (45) minute meal period. This paid leave time counts as hours worked.

When a unit member works overtime of two (2) hours or more in addition to their daily
work shift, they shall be entitled to an additional fifteen (15) minute break. Every additional



Page 149
two (2) hours of overtime will entitle an employee to an additional fifteen (15) minute
break.

After four (4) consecutive hours of overtime, a unit member shall be entitled to a paid
meal break of thirty (30) minutes, but in no event shall a unit member be entitled to more
than one such break for every eight (8) consecutive hours of overtime.

Employees shall be allowed reasonable time, as necessary, for personal clean up prior
to the commencement of the lunch and break periods.


Section 4-3: Clean-Up Time

Unit 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.


Section 4-4: Seniority

A. The City shall provide the Union 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 training, work assignments, vacation schedules, and in the
determination of layoffs.


Section 4-5: Bump/Bid Procedure Equipment Management Division

Policy: To provide an equitable system for employee selection of shift, days off, and area
location, the Union and the City recommend that departments considering the
implementation of a bump/bid policy for a designated group of Unit II employees use this
article as a guideline in the development of their policy.

A. General Guidelines

1. Annual Bump/Bid

There will be a full Bump/Bid each fiscal year, in December, which will become
effective the first pay period in January.

2. Interim Bump/Bid


Page 150
A layoff, a transfer of a vacant position number to another shift or shop, the
addition of a permanent position number, a promotion, demotion, dismissal,
resignation, or retirement will be filled subject to the in-class Bump/Bid. This
means that any time positions become vacant within a particular classification, an
open sign-up will be held. Vacant positions will be filled according to the seniority
ranking of interested employees within a class.

3. Exceptions

a. The specialties listed below will be exempt from the general Bump/Bid
procedure. Employees in these specialties will Bump/Bid only within their
specialty and/or section.

1) Motorcycle Mechanics
2) Heavy Equipment Mechanics in the following assignments:
-Fire shop
-Off-road equipment
-Aerial equipment
-91st Ave. Treatment Plant
-Landfills
3) Police substations-
-Auto Technicians (master)
-Fire Shop Auto Technicians
-Equipment Service Worker II
4) Leads
5) Temporary, new hire and promoted employees*
6) Rovers
7) Make-ready shop (all personnel)
8) Service writers
9) Auto Parts Clerk III (annual bump for this class will be effective after the
physical inventory each year).
10) Engine diagnostic specialist
11) Auto Mechanic at the 91st Ave. Treatment Plant

* Management reserves the right to place new employees on any shift and location
for a six (6) month period for training and evaluation purposes. These employees
become subject to the Bump/Bid procedure upon completion of six (6) months’
employment. The day after the due date shown on their six (6) month
performance rating will be the effective date.

At the end of the six (6) months, the position occupied by the temporary, new, or
promoted employee will become available to the most senior employee who has
signed up within the class. The two employees will then "switch" positions until
the next Bump/Bid.




Page 151
b. Positions of employees who have been on long-term industrial leave or light
duty, or personal illness, for at least one hundred (100) days, at the time of the
annual bump/bid will be excluded from the process. Upon return to regular,
full-time employment, management will assign the employee to an available
shift and location until the next Bump/Bid. Employees must return to work
seven (7) days prior to the original bump/bid posting to be included in the
bump/bid.

4. Annual Bump/Bid Completion

All personnel shall be frozen into the position selected, except to bid for openings
created as outlined in Section 4-5 A (2) "Interim Bump/Bid."

5. Delegation of Authority

Employees may delegate/select a representative to participate in the bump/bid in
their absence. This may be done by completing a proxy form and presenting it at
the designated sign-up time. This form must be signed by the delegating
employee and the employee performing the selection. The actual Bump/Bid Sign-
up Sheet will be annotated by the employee's representative printing the
employee's last name and initialing the entry. The Proxy form will be created in
Labor Management with the City and Unit II in efforts to create one universal
document. The Labor Management committee will also identify procedures of
distribution, request process, process to submit, deadlines and any other
concerns regarding this form.

6. Official Notification

The annual bump/bid will be posted, in its entirety, for a minimum of fourteen (14)
calendar days prior to the official sign-up date. A copy of the document will be
posted at all Equipment Management Division Facilities.

B. Seniority

Seniority within classification will be the principal factor for bumping and/or bidding.

1. Determination of Seniority

Seniority constitutes length of certified status within a class of the City service.
When two or more employees have the same length of time in the class, the
employee with the longest certified City employment time shall be senior. If a tie
still exists, the employee with the least amount of leave of absence without pay
(excluding leave of absence due to sickness, injury, or military service) shall have
the greater amount of seniority.

2. Dispute Resolution of Seniority


Page 152
Any disputes concerning the calculation of seniority length will be resolved by the
Public Works Department Human Resources Officer using the guidelines
identified in the above "Determination of Seniority."



ARTICLE 5: Benefits

Section 5-1: Health Insurance and Employee Assistance
The City will continue to offer health insurance plans for Unit members.

A. Medical and Dental Insurance

1. Effective August 1, 2004, the City and the Union agree to maintain the current
split for the health insurance monthly contribution for both 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%.

2. It is understood between the City and the Union that any changes in health
insurance benefits or rates shall be effective on or about January 1, and that the
City's monthly contributions will not, under any circumstances, exceed the actual
premium cost.

B. Employee Assistance Program

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

C. The City agrees to the continuation of a Health Insurance Advisory Committee for the
purpose of studying existing plans and to explore alternative plans. The Committee
shall include representatives of the City and Local 2384.

D. The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The date
of an individual’s retirement eligibility was determined on August 1, 2007).


Section 5-2: Dental Insurance
The current dental split will also remain the same. If there is a rate increase or decrease,
the City will pay 100% of the new monthly contribution for single coverage. If there is a


Page 153
rate increase or decrease, the City will pay 75% of the new monthly contribution, and the
employee will pay 25% for family dental coverage.

The City agrees to contribute 100% of the cost to provide dental insurance for employees
enrolled in the base HMO or PPO plan for single employee coverage, and 75% of the
cost for family coverage.

The City agrees to retain the dental insurance plan for Unit members and their qualified
dependents. The plan shall consist of eighty percent (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 eighty
percent (80%) payment of reasonable and customary charges up to a maximum lifetime
benefit of four thousand dollars ($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.


Section 5-3: Life Insurance

The City will provide at no cost to Unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's annual base
salary rounded up to the next one thousand dollars ($1,000.00) or twenty-five thousand
dollars ($25,000.00), whichever is greater; in addition, the City will also provide death in
the line of duty insurance with a face value of seventy-five thousand dollars ($75,000.00).
It is understood between the City and the Union that any change in life insurance benefits
shall be effective on or about January 1. The designated beneficiary of a Unit member
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 member, and payment will be based upon the Unit
member's base hourly rate of pay at the time of death. The beneficiary shall be that
person designated on the Employee Declaration of Beneficiary card 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 member a $200,000 death benefit covering
the Unit member’s commutation 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 commute for up to two hours before his shift begins, and two hours after
his shift concludes. The Union will only pay the cost of this benefit the first year of the
M.O.U.

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 Union will pay the cost of this benefit, if any, the first year of
each new M.O.U. period.


Page 154
Section 5-4: Long-Term Disability Insurance
Pursuant to A.R. 2.323, the City will offer a long term disability benefit for all regular full-
time unit members. The City may revise the A.R., provided, however, that such revisions
shall not conflict with the express provisions of the M.O.U. Employees who have been
continuously employed and working on a full-time basis for twelve (12) consecutive
months are eligible for long term disability coverage. After an established ninety (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 seventy-five (75) for
employees who have been employed full-time for 36 months and one day. This benefit
will be coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits, and disability provisions of the retirement plan.
Unit II members must apply to activate this benefit.

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 thirty (30)
months. Unit II members must apply to activate this benefit.


Section 5-5: Holidays and Vacation Leave
A. 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 Third Monday in January

President's Day Third Monday in February

Cesar Chavez’s Birthday March 31

Memorial Day Last Monday in May

Juneteenth Day June 19

Independence Day July 4

Labor Day First Monday in September

Veteran's Day November 11

Thanksgiving Day Fourth Thursday in November

Thanksgiving Day Friday after Thanksgiving Day



Page 155
Christmas Eve Four (4) hours on December 24

Christmas Day December 25

24 Personal Leave Hours After completion of six (6)
months' service

1. Personal leave hours are added to an employee’s vacation leave bank to be used
as such.

2. When a holiday named herein falls on Sunday, it shall be observed on the
following Monday, and when a holiday named herein falls on a Saturday, it shall
be observed on the preceding Friday, except that the Library Department may
observe such holidays on Saturday, and in the case of continuous and/or seven
(7) day operations, holidays shall be observed only on the calendar days on which
they actually fall. This paragraph shall not apply to Christmas Eve which shall be
granted only when it falls on the employee's regular scheduled workday.

A Unit employee working in continuous and/or seven (7) day operation, whose
regularly scheduled day off falls on a holiday specified above, who is not on
standby (Article 3 Section 3-6), and who is scheduled to work a regular shift on
such holiday and scheduled day off, shall be compensated as follows: eight (8)
hours pay for the holiday plus pay at time and one-half (1 1/2) the regular rate for
each hour assigned and worked to a maximum of eight (8) hours.

B. Vacation Accumulation

Vacation accrual, carryover, and separation pay-out shall be governed by the
following table:
MONTHLY
SERVICE ACCRUAL

0-5 years 8 hours
6-10 years 10 hours
11-15 years 11 hours
16-20 years 13 hours
21+ years 15 hours

MAX. CARRYOVER MAX. PAYOUT

192 Hours 240 Hours
240 Hours 300 Hours
264 Hours 330 Hours
312 Hours 390 Hours
360 Hours 450 Hours




Page 156
Unit members shall be allowed “vacation sell-back” twice per calendar year, on the
last paycheck of November and/or May. The total annual buy out is up to a maximum
of eighty (80) hours taken in no more than forty (40) hour increments, after the
employee has accumulated a minimum of one hundred twenty (120) hours of
vacation leave. The employee must take a minimum of forty (40) hours of
vacation/comp-time during the calendar year to qualify for these payments.
From July 1, 2016 through June 30, 2018, the vacation sell back remains in
concession at 40 hours maximum. Effective July 1, 2018, this benefit is restored to
80 hours.

Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness 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. Child is defined as a biological, adopted, foster or stepchild, legal ward,
or a child of a person standing in place of a parent. Or a brother, sister, grandparent,
or in-law who are living with the employee and under his/her care. Requests to
receive such leave contributions will require a completed doctor’s certification.

All unit members whose regularly assigned work week consists of 4/10 shifts, shall
not be required to submit documentation for 2 hours of paid leave on the following
holidays:

1. Memorial Day, last Monday in May
2. Juneteenth, June 19
3. Independence Day, July 4
4. Labor Day, first Monday in September
5. Veterans Day, November 11
6. Thanksgiving Day, fourth Thursday in November
7. Friday after Thanksgiving Day
8. Christmas Day, December 25


Section 5-6: Uniforms

A. Airport Security Guards (Class Code 24000) uniforms will be supplied by the Aviation
Department.

B. On the effective date of this Memorandum, the City will assume responsibility for the
weekly cleaning/laundering of uniforms issued to those Unit members who are
employees of the Equipment Management Division of the Public Works Department.





Page 157
Section 5-7: Parking
A. Employees regularly assigned to the Airport Terminal buildings shall be provided
parking facilities without charge at a location at the airport to be specified by the
Director of Aviation.


B. Effective July 8, 2002, all employees who pay for parking will be charged half price
at any downtown City owned parking garage if they park a motorcycle.


C. All regular full-time and regular part-time Unit employees will receive, upon request,
a City issued bus pass at no cost to the employee.

D. The City will provide 4 parking cards to the Union.


Section 5-8: Tool Allowance
A. Unit employees in the following eligible classifications will receive a tool maintenance
allowance of three hundred dollars ($300.00) per annum.

Payment for tool allowance will be made on or about September 1.

Classification

User Technology Specialist U2

Instrumentation and Control Specialist

Trades Helper, Assigned U2

Equipment Service Worker I

Electrician Helper

Electrician Apprentice

Electrician

Electrician, Assigned Lead

Traffic Signal Technician

Telecommunications Specialist


Page 158
Welder, Assigned U2

Building Equipment Operator I, assigned U2

Building Equipment Operator II, assigned U2

Building Maintenance Worker, Assigned U2

Locksmith

B. Unit employees in the following eligible classifications will receive a tool
maintenance allowance of six hundred dollars ($600.00) per annum.

Payment for tool allowance will be made on or about September 1.

Equipment Service Worker II

Automotive Technician and all assignments

Heavy Equipment Mechanic and all assignments

Equipment Repair Specialist

Body Repair Specialist

Helicopter Mechanic

Fuel Systems Support Technician

Aircraft Technician and assignment


Section 5-9: Parental Leave

A. The City will, as a matter of general policy, and subject to operational needs,
authorize up to three (3) months of unpaid leave for an employee who is the parent
of a newly born or legally adopted child or any Unit member 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.

B. An employee may use up to ten (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. When there is an


Page 159
extreme illness or injury situation where a life or death question exists involving an
immediate family member, an employee may use up to five (5) days of accumulated
sick leave. (This should not be construed as bereavement leave under Personnel
Rule 15g).

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 five (5) incidents not to exceed a total
of forty (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 seven (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. Child is defined as a biological, adopted,
foster or stepchild, legal ward, or a child of a person standing in place of a parent. Or
a brother, sister, grandparent, or in-law who are living with the employee and under
his/her care.



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 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 Memorandum shall not be affected thereby; and upon issuance
of such final 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.


Section 6-2: Copies of Memorandum

Within sixty (60) days of the date that this Memorandum 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 cost of such
duplication and distribution will be borne equally by the Union and the City.



Page 160
Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors and Suppliers), as may be amended.


Section 6-3: Apprenticeship Programs
The City will make available to the Union copies of all existing apprenticeship agreements
affecting Unit II employees.


Section 6-4: Part-Time Employees
A. Hourly paid Unit members, excluding seasonal and temporary employees, who have
worked a minimum of fifty (50) hours in each pay period for twenty-six (26)
consecutive weeks shall be entitled to vacation credits of four (4) hours per month.
Vacation credits shall be calculated and paid in cash, in December and June.

Continuation of this entitlement will be determined on November 1, February 1, and
May 1. If the employee has worked a minimum of fifty (50) hours in each pay period
in July, August, and September, his participation shall continue for the period
November through January. A similar review and qualification will be required for
October, November, and December; January, February, and March; and April, May,
and June. If the employee separates from City employment, the participation will
cease.

B. Hourly paid employees, excluding seasonal employees, may be considered for
advancement from pay step 1 to pay step 2 after completing 1,040 hours of work at
step 1. Advancement from pay step 2 to pay step 3 and each subsequent step in a
range may be considered after working 2,080 hours in each step.

C. No full-time or part-time permanent employees in the City Civic Plaza Department
shall be displaced or their hours reduced by the utilization of temporary employees,
unless the issue has been discussed by the parties in a Labor/Management meeting
and the City has complied with the provisions of Management Procedure 5.501,
dated February 7, 1994.

Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).





Page 161
Section 6-5: Department Certifications and Required Licenses

The City will reimburse Unit members of the Water Services Department for expenses
incurred as a result of acquiring and maintaining certification required by the Arizona
Department of Environmental Quality. Unit member of the Water Services Department
will be reimbursed for 1 (one) fail and/or 1 (one) pass per certification.

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

The City will provide reimbursements to Unit members for CDL endorsements.

Employees in the Water Services Department will receive a one-time special merit
increase/step adjustment when they obtain a higher ADEQ Grade Certification than
required for their job classification. Employees must provide a copy of their examination
results.

When the employee obtains a higher ADEQ Grade Certification and submits results for
reimbursement or merit increase, there will be no change to the employees PMG
anniversary date.


Section 6-6: Safety Manual

The parties agree that, during the term of this Memorandum, the City will publish a Safety
Manual covering all citywide safety issues.

The Health and Safety Committee established in Article 2 Section 2-3 of this
Memorandum will be given the opportunity to review and to offer input on the manual
while it is in draft form and before its final publication.

Once published, there will be no changes made in the manual without the review of the
Health and Safety Committee.

Employees are entitled to exercise the rules under OSHA by relating to the competent
person assigned that the situation is unsafe and in conflict with OSHA rules.


Section 6-7: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2023 up to the beginning of the
first regular pay period commencing in July 2024, and thereafter shall continue
in effect year by year unless one of the parties notifies the other in writing no later



Page 162
than December first of the final contract year of its request(s) to modify or terminate
it.

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,
during the term or extensions thereof.

However, the parties will continue to meet with affirmative willingness to resolve
grievance and disputes relating to wages, hours and working conditions without
effecting the terms of this agreement.

C. If any section or provision of this Memorandum violates existing Federal, State, or
City law, then such law shall supersede such provision or section.

D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union 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 City Council or the City Manager.

E. The provisions of this Memorandum apply to all Unit employees, except that
entitlement to health, life, and long term disability insurance; holiday, overtime, and
show-up time benefits for regular hourly employees shall continue in accordance with
present practice and policy.

Permanent employees shall not be laid off from City employment and replaced by the
hiring of part-time employees solely for the purpose of eliminating the cost of existing
full-time benefits received by permanent employees.

F. This Memorandum constitutes the total and entire agreements between the parties
and no verbal statement shall supersede any of its provisions. All side agreements
modified during this contract period must contain an effective starting and expiration
timeframe. Any supplements, amendments, or modifications to this M.O.U. shall be
executed by duly authorized representative of each party.


Section 6-8:

The City shall create an Employee Memorial for those Unit II employees lost to
COVID-19 to thank them for their service to the City of Phoenix. This Memorial can
be in conjunction with other Memorials the City may have planned.





Page 163
IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023




_____________________________________________________________________
Jason Henley, President, AFSCME Local 2384


_____________________________________________________________________
Corina Ramsey, Deputy Director, Human Resources, City of Phoenix


_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix


ATTEST:


______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED TO FORM:


______________________________________________________________________
City Attorney, City of Phoenix




AFSCME 2384 Team: City of Phoenix Team:
Jason Henley, President Corina Ramsey, Deputy Human Resources Director
James Sagar Janice Pitts, Deputy Human Resources Director
Diana Peterson Brandy Kelso, Water Services Department
James Mckenna Gabe Nevarez, Aviation Department
Donald Furnival Keith Carbajal, Public Works Department
Alejandro Gutierrez Bob Fingerman, Phoenix Convention Center
Mario Ayala Brittany Whittle, Human Resources (Coordinator)
Christopher Idlebird Donna Love, Human Resources (Scribe)
Lorenzo Ortega



Page 164
Addendum A - Allocation of Stewards
The allocation of new steward positions under Article 1 will be referred to the Labor-
Management Committee for appropriate action.

Guidelines for designation of new stewards shall include:

1. A designated steward must be one from amongst employees regularly working at
a specified job site.

2. The designation of job site stewards shall take into consideration the following:

a. proportional representation of approximately 1-30,

b. organizational structure of department,

c. avoidance of duplicating service,

d. crew size of work unit divisions.





Page 165
ATTACHMENT A
(Subject to Reallocation)

Site Steward Allocations

Department/Division Site

Aviation/Bldg. Ops. Sky Harbor Airport
General Aviation Deer Valley Airport
Goodyear Airport
Maint/Air. Sect. Sky Harbor Airport
Op./Custodians All Term.-Sky Harbor
Electrical Maint. Electrical Shop
Op./Security Phoenix Convention Center
Event Services Phoenix Convention Center
Housing/Conventional All Conventional Sites
Elderly All Elderly Sites
Public Works Bldg Maint 2631 S. 22nd Ave.
Equipment Mgmt. 22nd Ave. Service Center
Fire Operations
Salt River Service Center
Union Hills Service Center
Glenrosa Service Center
Okemah Service Center
Fire Operations Center 150 S. 12th St.
Street Trans./Materials/Insp. 1034 E. Madison
Street Trans./Survey 1034 East Madison
Street Trans./Operations 2141 E. Jefferson
Waste/Wastewater Treatment 23rd Ave. & Durango
91st Ave. Plant
Water Pollution Control
Wastewater Collection 52nd St. & Thomas
Northwest Service Center
North Yard
Water Customer Service A.1-2525 E. Hess
A.2-2002 E. Maryland
A.3-16201 N. 21st Ave.
A.4-2301 W. Durango
A.5-138 E. Union Hills
Water Production Verde Plant
Deer Valley Plant
Squaw Peak Plant
Union Hills Plant
Val Vista Plant
52nd St. & Thomas
Phoenix Wells West


Page 166
ATTACHMENT A - CONTINUED
(Subject to Reallocation)

Site Steward Allocations

Water Distribution 3045 S. 22nd Ave.
52nd St. & Thomas
Corona Yard
Deer Valley Yard
Morten Yard
Paradise Valley Yard
Heavy Maint. Yard
Heavy Maint. Yard
Water/Wastewater Specialized Svcs Electricians
Heavy Maint.
Light Maint. (O&M)
Instrument & Control Specialist

Chief Steward Allocations

Department Division

Aviation Sky Harbor All (4)
Police/Fire/Street Trans. All (3)
Public Works All (2)
Housing All (2)
Water/Wastewater
Wastewater Treatment – 23rd Avenue 91st Avenue (3)
Wastewater Collections All (2)
Water Customer Services All (2)
Water Pollution Control All
Water Production All (3)
Water Distribution All (2)
Specialized Services All (2)

Lead Steward Allocations
Department

Aviation (3)
Public Works (2)
Street Transportation
Phoenix Convention Center (2)
Fire
Housing
Police
Water Services (6)


Page 167
Attachment B (Relating to Vacation Leave)

All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or
the employee group, this entire Attachment B becomes null and void:

Section 3-4 (Continued)

A. Final Average Compensation and Vacation Leave

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


2. The City recognizes that the Union may bring a lawsuit regarding the City’s
proposed implementation of the practice set forth in this Attachment B by
submitting the dispute concerning the City’s proposal and planned
implementation of the practice in Paragraph B.1 of this Attachment B to a
court of competent jurisdiction.

3. The Parties expressly agree that nothing contained in Section 3-4 or this
Attachment B shall be construed to constitute an agreement by the Union to
the lawfulness of the practice set forth in Attachment B or the lawfulness of
implementation of the changes set forth in Paragraph B.1 of this Attachment
B. Nor shall anything contained in this Attachment B constitute a waiver of
the Union’s, employees’ or the City’s claims or defenses in connection with a
lawsuit as set forth in Paragraph B.2. hereof regarding the lawfulness of the
City’s proposed implementation of the changes set forth in Paragraph B.1.
The City agrees not to make any argument based on this Attachment B
regarding waiver, estoppel, ratification, novation or any similar arguments
based on this Attachment B. The City expressly agrees it waives any rights
to argue and will not and may not argue, based on this Attachment B, in any
lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s
proposed implementation of the changes in Paragraph B.1, that the Union or
Unit 2 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness
of such change based on this Attachment B, the negotiations leading up to
this Attachment B, the ratification of the M.O.U. by the Unit 2 employees or



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based on any action or statements of the Union in relation to this Attachment
B.

4. The Parties further agree that until there is a final judgment and declaration
with respect to the rights of the parties regarding the lawfulness of and the
proposed implementation of the practice in Paragraph B.1, if the City
calculates retirement benefits based on such practice, the Union will not seek
a temporary restraining order, preliminary injunction or other interim relief to
cease the practice set forth in paragraph B.1. The City expressly agrees that
it waives any rights to argue and will not and may not argue that failure to
seek a temporary restraining order, preliminary injunction or other interim
relief to cease the practice set forth in paragraph B.1 constitutes estoppel, an
agreement to such practice or waives any rights to challenge such practice
nor will the City argue that either the Union or Unit 2 employees agreed to the
lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or
other interim relief.

5. The City and the Union further agree that in the event a court determines in
a lawsuit as described in Paragraph B.2., after final judgment and all appeals
are exhausted, that: (a) the vacation payments at issue in Paragraph A are
compensation within the meaning of the Charter; or (b) determines that the
practice set forth violates the contractually vested rights of employees; or (c)
determines that the practice violates either the Arizona or United States
Constitutions, the City shall, as soon as is reasonably practicable after final
judgment and all appeal rights are exhausted, sever Paragraph B.1 of this
Attachment B and its terms from this M.O.U. and will take whatever
administrative action is reasonably necessary to undo the practice described
in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with
the Union about such administrative action before such action is taken and
shall advise the Union first before advising affected Unit 2 employees about
any such administrative action that directly affects Unit 2 employees

6. The City and the Union further agree that, in the event of a final judgment in
the Union’s favor such as described in Paragraph B.5. of this Attachment, and
after all appeals are exhausted, the City will apply such judgment retroactively
to undo the effect of the practices described in this Attachment B.1 on any
employees affected or bound by this Attachment B and make such
employees whole, including without limitation those Unit 2 employees who



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retire after June 30, 2014 but before such final judgment and appeals are
concluded. The City shall meet and discuss with the Union about what
actions are taken to undo the effect of the practices and shall provide the
Union with information concerning what Unit 2 employees retired after June
30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or
claim that such judgment should be applied prospectively only.





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Attachment C (Relating to Sick Leave)

All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:

Section 3-4 (Continued)

B. Sick Leave Cash Out Formula (Continued)

1. Final Average Compensation and Sick Leave.
a. The number of sick leave hours eligible to be cashed out and included in an employee’s
Final Average Compensation upon retirement will be limited to the number of sick leave
hours in the employee’s leave bank on July 1, 2012, provided all criteria are met as
described in Subsection A of Section 3-4 of this M.O.U..


b. 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 Compensation.

c. The portion of accrued and unused sick leave that is not included in the Final Average
Compensation upon retirement can be cashed out as a lump sum upon retirement,
provided all criteria are met as described in Subsection A of Section 3-4 of this M.O.U.

2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this M.O.U. shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness of
the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et. al., v.

3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this M.O.U. shall be construed to be a waiver of either the Union’s or the City’s claims or
defenses in connection with the Piccioli lawsuit, including any of the City’s arguments in
defense of continuing its current practice under Administrative Regulation 2.441 or any of
the Union’s arguments that it never agreed to such changes in the MOU effective July 1,
2012 through June 30, 2014 or otherwise. The City agrees not to make any argument
based on this Attachment C regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment C. The City expressly agrees it waives any
rights to argue and will not and may not argue, based on this Attachment C, in the Piccioli
matter regarding the City’s proposed implementation of the changes in Paragraph C.1(a-
c), that the Union or Unit 2 employees agreed to the lawfulness of such changes including,


Page 171
without limitation, by asserting that the Union or employees agreed to the lawfulness of
such change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 2 employees or based on any action or
statements of the Union in relation to this Attachment C.

4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment and all
appeal rights are exhausted, take whatever administrative action is reasonably necessary
to implement the practice described in Paragraph C.1(a-c) of this Attachment C, provided
such action is consistent with the Court’s final judgment. The City shall meet and confer
with the Union about such administrative action before such action is taken and shall
advise the Union first before advising any other Unit 2 employees about any
administrative action regarding implementation of Paragraph C.1(a-c) that directly affects
Unit 2 employees.





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Report

Public Comment on Proposed MOU Between City of Phoenix and American
Federation of State, County and Municipal Employees, AFSCME Local 2960 (Unit
3)

Request for City Council to receive public comment on the terms of the proposed
Memorandum of Understanding (MOU) with the American Federation of State, County
and Municipal Employees, AFSCME Local 2960 (Unit 3).

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 Assistant City Manager Lori Bays and the Human Resources
Department.




Page 173
ATTACHMENT A




MEMORANDUM OF UNDERSTANDING

2023 – 2024

CITY OF PHOENIX

AND

AMERICAN FEDERATION

OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES,

LOCAL 2960 AFL-CIO

REPRESENTING UNIT 3 EMPLOYEES




Page 174
Table of Contents

PREAMBLE ........................................................................................................................ 4

ARTICLE 1: Rights ............................................................................................................ 5
Section 1-1: Purpose/Gender .......................................................................................................... 5
Section 1-2: City and Department Rights ....................................................................................... 5
Section 1-3: Union Rights............................................................................................................... 6
Section 1-4: Rights of Unit Members ........................................................................................... 11
Section 1-5: Prohibition of Strike and Lockouts .......................................................................... 21
Section 1-6: New Positions and Classifications ........................................................................... 22

ARTICLE 2: Grievance/Arbitration/Labor Management ............................................... 22
Section 2-1: Grievance Procedure ................................................................................................ 22
Section 2-2: Labor-Management Committee ............................................................................... 30
Section 2-3: Health and Safety Committee................................................................................... 31

ARTICLE 3: Compensation/Wages ................................................................................ 32
Section 3-1: Wages ....................................................................................................................... 32
Section 3-2: Overtime ................................................................................................................... 35
Section 3-3: Out-of-Class Pay ...................................................................................................... 38
Section 3-4: Sick Leave Cash Out Formula.................................................................................. 39
Section 3-5: Shift Differential Pay................................................................................................ 39
Section 3-6: Stand-By Pay ............................................................................................................ 39
Section 3-7: Show-up Time .......................................................................................................... 40
Section 3-8: Jury Duty Pay ........................................................................................................... 40
Section 3-9: Deferred Compensation Program ............................................................................. 41
Section 3-10: Compensation for Approved Training ................................................................... 41

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

ARTICLE 5: Benefits ....................................................................................................... 44
Section 5-1: Health Insurance ....................................................................................................... 44
Section 5-2: Dental Insurance ....................................................................................................... 46
Section 5-3: Life Insurance ........................................................................................................... 46
Section 5-4: Long-Term Disability ............................................................................................... 47
Section 5-5: Holidays and Vacations ............................................................................................ 47
Section 5-6: Uniforms ................................................................................................................... 49
Section 5-7: Tuition Reimbursement ............................................................................................ 52
Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking ...................................... 52
Section 5-9: Unpaid Parental Leave / Family Leave .................................................................... 53
Section 5-10: Retirement Program and Benefits .......................................................................... 54

ARTICLE 6: Miscellaneous ............................................................................................. 54
Section 6-1: Saving Clause ........................................................................................................... 54


Page 175
Section 6-2: Copies of Memorandum ........................................................................................... 54
Section 6-3: Term and Effect of Memorandum ............................................................................ 55
Section 6-4: ................................................................................................................................... 56

ATTACHMENT A ............................................................................................................. 58
ATTACHMENT B (Relating to Vacation Leave)............................................................. 59
ATTACHMENT C (Relating to Sick Leave) .................................................................... 61
ATTACHMENT D ............................................................................................................. 63
APPENDIX E .................................................................................................................... 64





Page 176
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 of Phoenix, except as expressly and lawfully modified
herein; 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 other terms and conditions of employment of employees of
Unit III;

NOW, THEREFORE, the City of Phoenix, hereinafter referred to as the "City" and Local
2960, as an affiliate of the American Federation of State, County and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union," having reached this complete agreement
concerning wages, hours, and other terms and conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.





Page 177
ARTICLE 1: Rights

Section 1-1: Purpose/Gender
Whenever 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.

A. Recognition

The City recognizes the Union as the sole and exclusive Meet and Confer agent,
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
regular full time and regular part time employees in positions constituting Unit III, as
certified May 22, 1978, or as may be modified by the Phoenix Employment Relations
Board (PERB).

If a court of competent jurisdiction (defined as Arizona Supreme Court or U. S. Supreme
Court) determines that "fair share" does not violate Arizona State Law, then the Union
and the City of Phoenix shall open up the contract to bargain in good faith on this issue.

If any conflict exists between the language in an A.R. or employment/ department rule
and the language of the negotiated M.O.U., the M.O.U. shall prevail.


Section 1-2: City and Department Rights
The Union recognizes that the City has and will continue to retain, whether exercised or not,
the unilateral and exclusive right to operate, administer and manage its municipal services
and work force performing those services in all respects subject to this Memorandum.

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 Memorandum of Understanding, and such decision making shall not be in
any way, directly or indirectly, subject to the grievance procedure contained herein.

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 Memorandum of Understanding to direct its
employees, to take disciplinary action for just cause, to terminate or reassign 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.


Page 178
Nothing herein shall preclude the City from being in compliance with the Americans with
Disabilities Act.


Section 1-3: Union Rights
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. In compliance
with City Code Article XVII Employer-Employee Relations, Chapter 2-214, Public Employee
Rights (as of Feb 18, 2021), any Union release time, including that of full-time release
positions, shall count as time worked in the unit member’s job classification.

A. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2960 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
representatives using union release in support of the City include ensuring
representation for employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in collaborative
labor-management initiatives that benefit the City and the members; serving on City and
departmental task forces and committees; facilitating effective communication between
City and Department management and employees; assisting unit members in
understanding and following work rules; and administering the provisions of the
Memorandum of Understanding. Union release is also used for authorized employees
to prepare for appeals and hearings and attend Union conferences, meetings, seminars,
training classes and workshops so that employees better understand issues such as
City policies and practices, conflict resolution, labor-management partnerships, and
methods of effective representation. The cost to the City for these release positions and
release hours, including all benefits, has been charged as part of the total compensation
package detailed in this agreement.

For a unit member whose regular shift is other than day shift, 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 the Department Head or
designee.

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.

1. Full-Time Release Positions

The President or President’s Designee and three additional full-time release
positions to be designated by the Executive Board of the Union, shall each be


Page 179
allowed up to 2,080 work hours per M.O.U. year to engage in lawful union activities,
pursuant to and consistent with this Memorandum. The full-time release employees
will be engaged in either union activities or city activities in accordance with city
administrative regulations during paid release time. The City will pay the employees’
full time fringe benefits. Time used for this purpose in excess of 2,080 hours per
position shall be at the expense of the Union, and the Union shall reimburse the City
at the applicable employee’s hourly rate of pay.

The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.

Upon return to regular City duties, a full-time release employee shall be reinstated to
his/her original position, location and schedule by seniority. In addition, any approved
leave time the full-time release employee had scheduled prior to his/her return shall
be honored by the department.

The City values and benefits from the participation of Union leaders on citywide 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 to
participate in these important committees and task forces. In recognition of this
commitment, the City agrees to provide a compensatory time bank of 520 hours and
paid overtime rates for use by the full-time release positions each MOU year. The
Union will submit a written request to redeem the hours from this bank to the Labor
Relations Division no later than July 1st of each MOU year for remittance with the
second paycheck in August.

2. Union Stewards

The Union may designate 52 stewards including 10 Chief Stewards and 19 Lead
Stewards to serve as employee representatives. Such designation shall be made
from amongst employees regularly working at the job sites as specified in Attachment
"A" hereto. The Labor-Management Committee will discuss the job site allocation of
the 52 stewards upon request by either party (Attachment A). Employees must have
completed the initial City probationary period of 1 year to be eligible for designation
as a steward.

The Union shall notify Labor Relations in writing of its designations and re-
designations of stewards.

There shall be no obligation on the City, nor shall the City change or adjust
employees' permanent regular work schedules or assignments solely as a result of
such designations.

One such steward from the Grievant’s home department and the Grievant may, after
the Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1), when the Union is designated by the Grievant as his representative,
attend mutually scheduled grievance meetings with department representatives


Page 180
without loss of pay or benefits during City time. One steward working in the same
department as a unit member under investigation may also attend investigative
meetings without loss of pay or benefits during City time. Stewards not from the same
department as the grievant or employee under investigation may provide
representation, however the total time spent on representation will be requested from
and charged to the bank of hours as outlined in 1-3 A 3.

Stewards with assigned City vehicles who are on duty and actively working, and are
scheduled to return to duty at the conclusion of the meeting, may use the City vehicle
to attend mutually scheduled grievance and/or labor-management meetings with
department representatives.

The unit will be allowed, subject to operational and scheduling factors and 14
calendar days advance notice, up to one shift (either 8 or 10 hours depending upon
their regular schedule) of paid release time for authorized stewards to attend a one-
time contract orientation session conducted by the Union in each year of the contract.

3. Bank of Release Hours

The unit will be allowed, during each 12 month term of this Memorandum, subject to
operational and scheduling factors and 48 hours advance notice to the Labor
Relations Division. A unit total of 4,540 hours paid release time in a bank of release
hours per M.O.U. year.

With the exception of the ten elected union officials, only one representative may be
released from the same work group on the same shift at the same time. The union
may request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld.

Any hours used in excess of the bank of hours must be approved by the Labor
Relations Administrator and the AFSCME Local 2960 President. The number of
hours used in excess of the bank at the end of the MOU term will be deducted from
the bank of hours in the first year of the next MOU. A surplus of hours will be carried
over into the next MOU to a maximum beginning bank of 6,810.

B. Unpaid Time

Unit members may be authorized in advance in writing to engage in lawful unit-related
activities during City work hours on a non-paid basis by the City Manager or his designee
in his unrestricted discretion according to the applicable Personnel Rules. A member
selected by the Union to do unit representation work which takes the employee from his
employment with the City shall, at the written request of the Union, and subject to Civil
Service rules and the approval of the Personnel Official, be granted an unpaid leave of
absence. The leave of absence shall be in increments of no less than 3 months and
shall not exceed 1 year, but it may be renewed or extended for a similar period upon the
request of the Union.

C. There shall be no use of official time for unit related activities except as expressly
authorized under the aforesaid sections. The City reserves the right to deny approval


Page 181
of requests for use of official time for activities not expressly authorized under this
Memorandum.

D. International and Local 2960 Union Representatives

Accredited A.F.S.C.M.E. International, and designated Local 2960 Chief Steward and
Lead Stewards shall be admitted to the buildings and grounds of the City during working
hours for assisting in the adjustment of grievances, so long as such will not interfere with
any work operation or the safety and security of any work site. Such representatives will
check in with the supervisor involved and will be required to conform to the safety
regulations of the work site.

E. Payroll Deduction

1. The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues and regular periodic Union
sponsored insurance premiums 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 14 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 deduction shall be made only when the Union
member's earning for a pay period are sufficient after other legally required
deductions are made.

2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked in writing by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or January
of each year of the term of this memorandum to be effective the following payroll
period. The City will notify the Union of any revocations submitted to it.

3. The City shall not make dues deductions for unit members on behalf of any other
employee organization (as defined in the Meet and Confer Ordinance) during the
term of this Memorandum.

4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will, however, as
promptly as technically possible, implement changes brought to its attention.

5. The City shall, at the written request of the Union during the term of this agreement,
make changes in the amount of dues deduction hereunder for the general
membership, provided costs for implementing such changes shall be reimbursed by
the Union at actual cost incurred by the City.

F. Facilities and Services

The Union may distribute material on the City's premises (buildings and grounds) before
and after scheduled working hours or in non-work areas during scheduled work hours
provided that both the person distributing and the employee receiving such material are
on their own time.


Page 182
The Union shall be allowed to send one union-requested communication per month
using the City Email System to communicate with Unit 3 employees. Requests will be
processed through Labor Relations. Issues stemming from this agreement will not be
subject to the grievance procedure and will be discussed in labor-management
meetings.

The Union’s web page shall be listed as a link on the City’s Intranet home page as one
of the City’s Employee Resources.

The City shall provide the Union with bulletin boards for its use in communicating with
its members at mutually agreeable locations. The City shall grant sole and exclusive
use of such bulletin boards to the Union. The City will provide glass-enclosed, locking
bulletin boards (standard to be set by the City) for any new City facility where five or
more Unit 3 employees will be assigned. The Union may request that two existing
bulletin boards be replaced with glass-enclosed, locking bulletin boards (standard to be
set by the City) each contract year, provided at least five Unit 3 employees are assigned
to the requested locations. Lost keys will be replaced with the full expense charged to
the party that lost them (meaning City or Union). Damaged bulletin boards will be
replaced with the cost split equally between the City and the Union.

Material which is not abusive of any person or organization, which complies with laws
regulating the political activities of City employees, and which is not disruptive of the
City's operations, may be posted or distributed, provided that such material is submitted
to the City and also signed by an authorized official of the Union. The Union may grieve
any refusal by the City to approve posting or distribution of submitted material. The City
will not arbitrarily disapprove submitted material.

The Union shall have the right to meet with each new unit member for 1 hour during the
scheduled Human Resources Department’s new employee orientation before or after
lunch for the purpose of informing each such new employee of the Union and of that
member's right to have Union dues deducted from his pay warrant. Additional time will
be allotted – in addition to new employee orientation – in departments that have new
employee orientation.

Where possible, Unit III becomes a participant in the appropriate electronic distribution
lists for promotions, seamless service, City Connections and/or educational
opportunities.

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 members which
includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service Date,
Dept ID, Department, Job Title, Job Locator Code, Work Location, Mailing Address,
City, State, Zip, Home Phone, Work Phone, active Union deduction, and a list of Unit 3
employees who have left the unit. (This includes unit members who retire, promote, quit,
are terminated, or pass away). The City shall provide the Union a list of all Unit 3
vacancies monthly. Any and all information furnished by the City shall be used by the
Union solely for the purpose of communicating with unit members, other legitimate union
purposes, and shall not be shared with any other individual or organization.



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G. The Union shall be allowed $14,000, reimbursable to the Union by the City each fiscal
year, for designated members of the local to attend schools, conferences, workshops
and training to develop skills in effective member representation, conflict resolution
techniques, labor-management cooperation, and other employee relations areas that
promote cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used , the balance will carry over
into the next fiscal year; however, the total fund balance must not exceed $28,000,
and any funds in excess of $28,000 will expire.

The Labor Relations Administrator will continue the practice of providing the union
information concerning grievance and arbitration cases. The union agrees that they will
be reasonable in making these requests for information.


Section 1-4: Rights of Unit Members
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.

All unit members 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 or any other organization.

All unit members have the right to be treated in a manner which is fair and impartial in
any matter associated with the rights of unit members under the specific express terms
of this Memorandum of Understanding.

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

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 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 stop the meeting and utilize an investigatory process as outlined below.
Any interview becomes investigatory when facts or evidence sought by management
may result in a disciplinary action.





Page 184
• An employee is entitled to Union representation if the employee reasonably believes
that the investigatory interview will result in disciplinary action and the employee has
requested representation from their union.

C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. 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.

D. If the City elects to issue written questions to the employee, the following shall apply:

1. If an NOI is being issued and there is no active questioning, representation is not
required.

2. 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:

1. Prior to the employee being interviewed, the employee shall be advised of their right
to a representative.

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

3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting 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.

4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.

5. 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 and counsel from their representative in caucus during the interview.

6. The union representative may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.

7. Prior to the conclusion of the meeting, the member or representative shall have the
opportunity to make a closing statement.

8. 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



Page 185
time may be granted at the sole discretion of the department and will not be withheld
arbitrarily.

9. The employee will be provided with a copy of the interview notes and given 72 hours
excluding the employee's holidays and N-days to confirm their answers and
provide any additional information.

10. Except for emergency situations, the unit employees shall have a minimum of 48
hours excluding the employee's holidays and N-days to arrange for union
representation when the member is the subject of an administrative investigatory
interview. The union representative will make every reasonable attempt to arrive
within the 48 hours. An employee may waive the 48-hour time requirement if the
employee is not opting for representation.

11. Employees will be provided with the NOI cover sheet (and attachment if applicable)
listing the allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.

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

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

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

3. The member shall also be informed that none of their statements, nor any information
or evidence which is gained by reason of such statements, can be issued against
them in any criminal proceedings.

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

5. An employee under investigation will be notified in writing every 90 calendar days as
to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of the
number of known witnesses still to be interviewed and other investigate processes
remaining to be completed, as well as an estimated date of completion.

G. Misc.

1. A unit member identified solely as a witness will not be prevented from reaching out
to the union on their own time to consult with a union representative prior to their
interview.

2. Only paperwork pertaining to any completed NOI investigation resolved as sustained
will be kept in an employee's personnel files.


Page 186
3. This article applies to all regular full-time and regular part-time employees in Unit 3
positions, this includes probationary employees.

4. In addition, Police employees are covered in Section 1-4.P.

5. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at a meeting required by
management, the Union Steward will receive overtime compensation for actual time
held over or a minimum of 1 hour if called in from home.

6. Employees have the option to bring a union steward for purpose of observation to a
scheduled meeting where a suspension, demotion or termination is being issued by
management.

7. See Section 1-4N for retention schedule.

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. The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.

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

K. Any unit member covered hereunder shall, on his request and by appointment, be
permitted to examine his personnel file and/or supervisor file, in the presence of an
appropriate supervisory official of the Department. The unit employee may authorize in
writing a union representative to examine their personnel and/ or supervisor file on their
behalf. The employee is entitled to designate 1 person of his choosing (lawyer, union
representative, close friend, etc.) to accompany him in reviewing his file. The employee,
however, must be present at the review. In addition, the unit member may, at his
discretion, attach rebuttal statements to any material contained in his personnel file
and/or supervisor file, which may be of a derogatory nature. No unit member shall have
any adverse statements entered into his personnel file without the member being
informed by a supervisor. The employee shall be requested to date and sign such
adverse material, not as an indication of agreement, but solely as evidence of being
advised of its existence. If the unit member requests, he shall receive a copy of the
material in question. Medical information should be maintained in a separate confidential
file.



Page 187
1. The City will establish a logging system within the department and central personnel
file. The log will identify the date, name of the person (other than Human Resources
staff) that examined the file, and purpose.

2. If an employee is not given their performance evaluation by the annual review date
the employee's merit increase will be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an over all "met").

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):

Sustained discipline of 40-hour suspension or greater of the following types:

• The employee has been abusive or threatening in attitude, language, or conduct towards
fellow employees, customers of the City, 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.
• The employee is in possession of a deadly weapon (as defined in ARS 13-3101),
excepting a pocket knife (as provided in ARS 13- 3102) at a City worksite1, unless such
employee is a police officer. 1 (A worksite includes not only City buildings and property,
but also City vehicles and private vehicles while being used on City business, and other
assigned work locations.)
• 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’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For enforcement
positions within the Police Department).

L. The City will comply with provisions of A.R.S. Sec. 12-2506, paragraph D, subparagraph
1, and assume responsibility for the actions of any Unit III employee in a legal proceeding
for personal injury, property damage, or wrongful death, when it is demonstrated that
the employee was performing his regularly assigned duties without malice or any degree
of negligence.

M. The City shall notify employees in writing of any new policies and/or revision in City or
written department policies affecting Unit III employees. Notice shall remain available


Page 188
for not less than 21 working days. Review of policy revisions shall be included in
employee meetings and shift briefings when appropriate and practical to do so. The City
will notify employees of new or revised written City or Department policies affecting Unit
employees as soon after release as possible.

N. A coaching is a verbal discussion or meeting with an employee to actively discuss any
problem with the 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 file. A coaching is to be one-on-one. When 2 or more supervisors are
present at the coaching, the employee will be allowed a representative at the employee’s
request. An employee may receive more than 1 coaching for a similar matter. A
coaching given to a unit member cannot remain in a supervisor’s file for more than 1
year from the date the coaching was issued, provided no further incidents of a similar
nature occur during this 1 year period.

A supervisory counseling is a written 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 and credibility. The supervisory counseling shall be initialed
or signed by the unit member within 2 weeks of being advised that the counseling has
been issued.

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 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 above the line the statement: “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.

A supervisory counseling will only be retained in the supervisor’s file. It will not be placed
in the employee’s personnel file.


Department File Personnel File
Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original
in file.
Coachings/Supervisory Not maintained Not maintained
Remove annually
Counselings in file. in file.
provided no
further incidents.
Maintain copy in Maintain original
Maintain copy in
file. in file.
file.
Employee may Employee may
Written Reprimands Remove annually
request to request to
provided no
remove inactivate
further incidents.
after 3 years. after 3 years.




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Maintain copy in Maintain original
file. in file.
Suspensions Employee may Employee may
(other than below) request to request to
remove inactivate
after 10 years. after 10 years.
Maintain copy in Maintain original
Discipline as discussed file. in file.
in section 1-4.K.2 Cannot Remove May not be
inactivated

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 above criteria. Official records may only be inactivated and not
removed.

If an employee receives a written reprimand during the rating period, the supervisor will
document the improvement required in the employee’s performance evaluation without
documenting the issuance of discipline.

The City continues to retain the format used for corrective action/discipline, including
forms, technology, etc.

Documents or notes maintained in a supervisor’s file will not be used in future
disciplinary actions (Grievances or Civil Service Board) unless the unit member has
been previously made aware of the existence of the performance/conduct concerns.

A unit member who receives a written reprimand, suspension or demotion upon request
will be provided a copy of the investigative summary (if any exists) supporting the written
reprimand, suspension, or demotion at the time the unit member receives the discipline.
An employee who receives a written reprimand, suspension, or demotion may request
a copy of the information upon which the discipline was based and will be provided a
copy at no cost to the employee.

If a unit employee is suspended, it is understood that a suspension day is defined as 8
hours. For employees working a 4-10 schedule, the other two hours of the work day
would be accounted for at the sole discretion of management.

Unit members may serve suspensions of more than 40 hours on an alternating weekly
schedule.

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 two hours to consult
with a representative.

Unit members are entitled to representation if a "Not Met" performance evaluation is
appealed and is at the Executive Level (Assistant Director or Director) or when



Page 190
management has more than one representative at the meeting to discuss the appeal of
the performance evaluation.

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

Employees will be notified of performance issues as they occur or are discovered.

Employees may appeal “Not Met” ratings on their performance evaluations.

O. City employees who are on duty and are, either witnesses, charging parties, appellants
or grievants may attend grievance, Civil Service, Phoenix Employment Relations Board
(P.E.R.B.) and Accident/Collision Review Board hearings and/or 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 of if the grievance meeting concluded, unless they have made other
arrangements in advance with their immediate supervisor’s 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
members of the group to attend the proceeding. These do not have to be the same
group members for each step or meeting of the entire proceeding. As a matter of
courtesy, employees will give management as much notice as possible.

P. Rights and Disciplinary Matters (Police Department)

1. Unit members of the Police Department have the right to appear before the
Departmental Disciplinary Review Board when disciplinary matters are brought
before the Board involving the unit member which may lead to demotion, suspension
or discharge.

a) The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against him.

b) 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 partially or wholly 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 a unit
representative at either meeting.



Page 191
At the pre-DRB 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.

The unit members under investigation may request an edited copy of the DRB
packet at no cost to the unit member. The City has 7 calendar days from the date
of request to provide above-mentioned packet. If this information is provided to
the unit member, there shall be no pre-DRB meeting.

The unit member may, at his discretion, appear before the Board with a unit
representative of his choosing, and may state his reasons why the proposed
action is unjustified.

The unit member may submit relevant written matter in support of his position.

2. Any unit member under investigation by Professional Standards or a Police
Department Supervisor for a disciplinary matter, and who is interviewed or
interrogated shall be given a written notice of investigation (Form 80-58DB) informing
him of the nature of the investigation and his status in the investigation. In addition,
the unit member and/or the Police Department supervisor/internal affairs
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.

The unit member may request a copy of the above recording. In order to receive this
copy, the unit member may be asked to provide Professional Standards with a
current appropriate medium to record the copy. The unit member shall not receive
additional pay for picking up or dropping off this recording.

The employee shall be given the above-mentioned written notice of investigation at
the onset of the misconduct interview and prior to the employee being requested to
prepare a written statement. If the employee is requested to prepare a written
statement, the employee may request 1 hour to contact his Union representative
prior to making the written statement. When a unit member is given a written notice
of investigation (Form 80-58DB), other than the investigating supervisor/s, the only
persons the unit member may speak to concerning the investigation are their
attorney, minister, unit representative, or spouse not involved in the investigation.
When the investigation is completed, the accused employee will be notified in writing
of the findings.

A Professional Standards Bureau investigator will make available for review by the
unit member and the representative any video, audio, or photographs that are being
used as the basis for an allegation of misconduct. The investigator will not
intentionally misrepresent any fact or material issue to the unit member.


Page 192
3. Unit members have the right to representation in dealings with the City concerning
grievances and investigatory interviews with a Police Department supervisor in a
disciplinary matter which may lead to suspension, demotion or termination. The
representative must be a bargaining unit member. The bargaining unit representative
will be the most readily available unit representative. The employee will be allowed
to seek advice and counsel from their representative during caucus and prior to,
during, and after the interview. 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. If a unit member is called to an investigatory interview with a
Police Department supervisor for a disciplinary matter which may lead to a Written
Reprimand, the conversation shall be mechanically recorded by the supervisor and,
if requested, the unit member shall receive a copy of the recording. Further, if
personally requested by the unit member, representation will be allowed during a
Professional Standards investigatory interview/interrogation concerning allegations
focused on the unit member which may result in disciplinary action against him for
violation(s) of the City or department work rules and regulations. The representative
must be a bargaining unit member. The representative will be the most readily
available unit representative. The employee will be allowed to seek advice and
counsel from their representative during caucus and after conclusion of the interview.
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 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.

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 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 above the line the
statement, 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," will
be included. 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.




Page 193
Only paperwork pertaining to any completed N.O.I. Investigation resolved as
sustained will be kept in an employee's file.

Attendance at the Police Department Disciplinary Review Board (DRB) is optional.
An employee may attend or not attend; it is his or her individual choice. If an
employee declines to appear before the DRB, comments made during deliberations
of the Board will not be presented to the Civil Service Board and the fact that the
employee did not appear before the DRB will not be held against the employee. The
employee may, at his or her discretion, appear before the Board with a representative
of his or her choosing and may state his or her reasons why the proposed action is
unjustified. The employee and his or her representative may passively observe all
presentations made to the Board and all responses made to questions by Board
members. The employee and non-board members will be excluded from the room
during Board deliberations. In addition, a representative from Labor Relations will
be present as a passive observer at the DRB at the union's request.

If a Polygraph examination is required of a unit member, a unit representative may
monitor the audio/video-taped examination from the monitoring room.

Q. Crime Scene Specialists, Detention Officers, and Police Assistants assigned to
Enforcement positions in the Police Department shall be permitted to work out on
their "Code 7" at Police Department facilities.

Unit employees who work out on their "Code 7":
Are required to remain in workpants/boots.
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;
Must 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 and the program may
be cancelled at that time.


Section 1-5: Prohibition of Strike and Lockouts

A. The Union pledges to maintain unimpaired municipal services as directed by the City
and neither the Union nor any of its agents will authorize, institute, engage in a
slowdown, work stoppage, or strike against the City. During the term of this
Memorandum, neither the City nor its agents shall authorize, institute, aid or promote
any lockout of unit members covered by this Memorandum.

B. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance are
expressly incorporated herein.




Page 194
Section 1-6: New Positions and Classifications
A. 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.

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.

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 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.

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 two requests by the Union shall be started by the Human
Resources Department in order of their ranking per contract year.

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.

B. The City will schedule a meeting with the Union, with a minimum of seven calendar
days’ notice, to discuss management recommendations for contracting of work
presently being performed by unit members 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) of this MOU. The City shall endeavor to meet with the Union at least
30days prior to elimination of any Unit 3 positions.



ARTICLE 2: Grievance/Arbitration/Labor Management

Section 2-1: Grievance Procedure




Page 195
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 a unit member who believes that
they have a bona fide grievance must discuss and attempt to resolve it with his
immediate non-unit supervisor.

2. If such informal discussion does not resolve the problem to the unit member's
satisfaction, 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) of the specific express terms of this Memorandum for which
there is no Civil Service or other specific method of review provided by State or City
law.

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

In processing a formal grievance, the following procedure shall apply:

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

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 second line supervisor
designated by the City or City designee within 14 calendar days of the initial
commencement of the occurrence being grieved or when the employee had reasonable
cause to become aware of such occurrence. Either party may then request that a
meeting be held concerning the grievance or they may mutually agree that no meeting
be held.

The second line supervisor shall, within 14 calendar days of having received the written
grievance or such meeting, whichever is later, submit a response thereto in writing to


Page 196
the Grievant and the Grievant’s representative if any. The time period for an appeal
begins when an email is sent to the Grievant's representative. (Grievance responses
may be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. It is recommended that the fax is sent when the copy is given to
employee). The parties by written mutual agreement may skip from Step 1 directly to
Step 2 of the grievance procedure.

Step 2

If the written response of the Step 1 does not result in resolution of the grievance, the
Grievant may appeal the grievance by signing and completing the City form and
presenting it to the second level of review (Department Director designated by the City)
within 14 calendar days of the Grievant’s receipt of the Step 1 response.

Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within 14 calendar days of having received the
written grievance or the meeting, whichever is later, the second level of review shall
submit a response to the grievance to the Grievant and the Grievant’s representative, if
any. The time period for an appeal begins when an email is sent to the Grievant's
representative. (Grievance responses may be emailed. Email to
officestaff@afscme2960.org or local’s current email approved by Local President. ).
The parties by written mutual agreement may skip from Step 2 directly to Step 3 of the
grievance procedure.

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.

Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in resolution
of the grievance, the Grievant and the Union may, within 14 calendar days of having
received the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. The time period for an appeal begins
when an email is sent to the Grievant's representative. (Grievance responses may
be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. ). A Grievance Committee hearing will be scheduled at which
the Grievant shall be afforded the opportunity to fully present his position.

The Grievance Committee will consist of:




Page 197
Chairman: A City of Phoenix Department Director or a member of the City
Manager’s Executive Staff or a retired City Manager’s Executive Staff (at no cost)
as selected jointly by the Labor Relations Administrator and the Union President
through a pre-established list.

Member: A mutually agreed upon neutral member.

Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.

At the beginning of each MOU year, the Union and the City will each select 5
Department Directors or members of current or retired City Manager’s Executive
Staff to serve on the Grievance Committee. No selected Department Director or
Executive Staff member will serve as a committee member when the grievance
involves his/her assigned department. Staff support to the Committee during the
hearing will be provided by Human Resources Department staff.

Before each Grievance Committee, the Labor Relations Administrator and the Union
President will either mutually agree upon one of the names, or the parties will take
turns striking names and the final name will be selected. Labor Relations staff will
then schedule the Grievance Committee meeting.

The Grievance Committee shall, within 10 calendar days of receipt of the appeal,
schedule a hearing regarding the grievance at which the Grievant shall be afforded
the opportunity to fully present his position and to be represented. A Grievance
Committee meeting shall be held within 60 calendar days of receipt of the appeal.
The Grievance Committee shall, within 10 calendar days of the conclusion of the
hearing, make advisory recommendation on the grievance and submit it to the City
Manager for final determination for those employees who have elected to use this
procedure instead of arbitration.

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. In lieu of such hearing, the Grievant and the Union may jointly invoke the following
procedure by submitting written notice to the Labor Relations Division within 14
calendar days of having received the Step II response. If the Grievant and the Union
so elects in writing within the above time limit, in lieu of such Grievance Committee
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
10 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



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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 neither add to, detract from nor modify the language of the
Memorandum or of departmental rules and regulations 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.

The arbitrator shall submit findings and advisory recommendations to the Grievant
and the City Manager, or their designated representatives. The cost of the arbitrator
and any other mutually incurred costs shall be borne equally by the parties. The City
Manager shall make the final determination of the grievance and submit it in writing
to the Grievant and his designated representative.

D. 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 or unit employee by the specific terms of this Memorandum.
The Union shall file such grievance at Step 3 of the Procedure.

E. 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 the Step of this Procedure
which provides the lowest level of common supervision having authority over all named
Grievant’s. Each unit member that is a party Grievant must be named and must sign
such group grievance.

F. Time Limits

If the City fails to answer a grievance within the time limits specified in Section 2-1 C, it
shall be deemed to have been denied and may be appealed to the next step under the
Article. If the Grievant or the Union fail to comply with said time limits, the grievance
shall be deemed to have been withdrawn without prejudice. The parties may extend
time limits by mutual written agreement in advance.

G. Notice to Union of Grievance Resolution

The City will put the Union on notice of proposed final resolutions of grievances where
the Union has not been designated as the Grievant’s representative for the purpose of
allowing the Union to ascertain that a final resolution will not be contrary to the terms of
this Memorandum.


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The City will ensure that a copy of every M.O.U. grievance filed by a unit member,
including the response from management, is forwarded to the Union at each step of the
process.

H. The City will not discriminate or retaliate against employees because of their exercise of
rights granted by this Article.

I. Regular full-time and regular part-time employees are covered by this grievance
procedure.

J. Employer grievances, should they occur as a result of Official Union activities or actions,
including the failure to act as required under this agreement, will be presented directly
to the Union president or any officer of the Union within 14 calendar days of the
occurrence prompting the grievance. The President, or designee, shall in each case
provide a written answer within 14 calendar days from receipt of the grievance.
Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein, provided that the employer shall bear the costs of the services of the arbitrator.

K. Municipal Court

It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Steps 2 and 3 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.

L. The City will be responsible for notifying the Grievant of any grievance meeting by work
and personal email (if available in eCHRIS), to include date, time, and place of any
grievance committee hearing. A copy will be sent to the Union by email to
officestaff@afscme2960.org. If a City representative or if the Grievant does not appear
at the Grievance Committee hearing, the party not appearing shall lose the grievance.

M. Arbitration

1. Independent Arbitrator:

Any unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 3 below.

2. Appeal:

The Union, on behalf of the member, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within 14 calendar days after the date of service
of notice of the order of suspension, demotion, or dismissal on him personally, or 21


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calendar days from the date of mailing by certified mail the notice of the order of
suspension, demotion or dismissal. The request must be in writing and must state
specific allegations in the discipline notice with which the employee disagrees. The
request must be personally delivered to the Board or deposited in the United States
mail, certified return receipt requested, postage prepaid, addressed to the office of
the Civil Service Board, within the above-stated time.
The Union on behalf of the employee will also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.

3. Selection of Arbitrator:

Once an independent arbitrator is requested for a hearing, the Labor Relations
Administrator or his designated representative on behalf of the City and the Union
president or his designated representative on behalf of the member will agree on an
independent arbitrator within 10 calendar days after approval and appointment by
the Board of the appeal request. If an agreement on an independent arbitrator
cannot be reached within said 10 calendar days, either party may request that the
Federal Mediation and Conciliation Service (FMCS) or the American Arbitration
Association (AAA) provide a list with the names of 7 arbitrators with public sector
experience. In requesting such lists, the parties will stipulate that arbitrators should
be from within Arizona.

The parties will, within 7 calendar days of the receipt of the list, select the arbitrator
by striking names alternately until one name remains. The remaining name will be
designated as the independent arbitrator appointed by the Civil Service Board as the
hearing officer for the appeal. The parties will jointly communicate with the chosen
arbitrator to advise him of the appointment.

In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties will either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
arbitrator from the original list. The independent arbitrator chosen will be designated
as the hearing officer appointed by the Civil Service Board for the appeal.

4. Time for Hearing:

When possible, the hearing date will be set within 30 calendar days from the request.
Delays may be granted by mutual agreement of the parties. However, any such
delay occurring at the request of the Union, will automatically be excluded from any
calculations of back pay to the employees, if any, as determined by the Civil Service
Board.

5. Hearing Procedures:

The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer will not be bound by the technical rules of evidence, nor will informality in any


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of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule or regulation made or approved by the Civil Service Board.

6. Witnesses:

An employee appellant, or an employee subpoenaed as a witness, will be granted a
leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.

At the request of either party, the arbitrator will order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.

7. Proposed Findings: Objections to Report:

Either party may file with the hearing officer written proposed findings of fact and
conclusions within 7 calendar days of the conclusion of the hearing. A copy of such
proposed findings and conclusions will be served on the other party at the same time
as filing with the hearing officer.

No later than 2 calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer’s report. A copy of such objections will
be served on the other party at the same time as filing with the Civil Service Board.
No post-hearing evidence will be submitted.

8. Requirements:

The independent arbitrator selected by the parties pursuant to this article will be
bound by the following:

The independent arbitrator will neither add to, detract from, nor modify the language
of this Memorandum of Understanding.

The independent arbitrator will be expressly confined to the precise issues submitted
and will have no authority to consider any other issue.

The independent arbitrator will be bound by applicable Federal, State, and City laws.

9. Report:

Within 2 weeks of the conclusion of the hearing, the hearing officer/arbitrator will
forward all records and his report containing a statement of the findings of fact,
conclusions, and recommendations concerning the appeal to the Civil Service Board
and send a copy of the report to the parties. The hearing officer/arbitrator may
recommend to the Civil Service Board, the discipline be upheld or modified, or
rescinded pursuant to Personnel Rule 22 (e).



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10. Costs:

The cost of the independent arbitrator and other costs related to obtaining said
arbitrator will be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.

11. Civil Service Board:

It is expressly understood that this article will not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.

12. Representation:

The parties agree that for the purpose of this article, the City will be represented by
the Labor Relations Administrator for the City of Phoenix or his designee and the
member will be represented by the President of AFSCME Local 2960 or his
designee.


Section 2-2: Labor-Management Committee
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.

There shall be a Labor-Management Committee consisting of representatives of the Union
and representatives of the City. The purpose of the Committee is to facilitate improved
labor-management relationships by providing an informal forum for the free discussion of
mutual concerns and to attempt to resolve problems brought to its attention. If requested
by one of the parties FMCS will be invited to attend.

Topics for discussion may be established and agreed to in good faith by both parties at the
beginning of each contract year and throughout the contract period.

Unit 3 will be involved in a RBO/Labor-Management Process in the Fire Department. The
Committee shall meet monthly or at other mutually scheduled times. For Fire Department
Sections in which Unit 3 members are the majority of employees (i.e., Dispatch &
Deployment, Fire Prevention), those Sections shall establish a Fire Department Labor
Management Committee consisting of the Section Head and Union Stewards within that
Section. The purpose of this Fire Department Labor Management committee is to enhance
service delivery models and address public safety employee-related issues. The Fire
Department Labor Management process is done through the facilitation and open
discussion of mutual concerns and problems which may include: implementation of major
department programs and/or substantial modifications of existing major programs that have
a significant impact on service delivery or work schedules. The Fire Department Labor


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Management Committee shall meet at least annually at mutually scheduled times, and at
other mutually agreed upon times as necessary. Representatives of the Union on the
Committee shall not lose pay or benefits for meetings mutually scheduled during their duty
time.

The parties will have monthly discussions on new city and departmental policies,
procedures, Personnel rules, etc.

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.

Based upon mutually agreed upon frequency, departments and the City will schedule
regular Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes; the outsourcing of services
currently performed by unit members which could directly result in a reduction in the number
of permanent Unit positions (“contracting out”); and Union participation on City Selection
processes.

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.

Representatives of the Union on the Committee who are employees shall not lose pay or
benefits for meetings mutually scheduled during their duty time up to a maximum of 4 hours
per employee per meeting.

Clarification on defining the hours for shift differential and how it is applied across
departments with Unit 3 employees will be discussed in Labor Management
committee meetings.


Section 2-3: Health and Safety Committee
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.

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. Supervisors and
employees are committed to working together to ensure a healthy and safe work
environment.

A Unit employee may file, without fear of discipline, retaliation or discrimination, a grievance
when in his best judgment; the City has failed to comply with specific safety and health
standards promulgated by local, state and federal regulations. The City will continue its
practice of providing personal protective safety equipment to employees to protect them
from recognized safety and health hazards.


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

The Committee shall meet quarterly at mutually scheduled times 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.

In the discharge of its function, 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.

The Union may review and suggest improvements to existing City building evacuation plans
and the City Safety Program.

Employee members of the Committee shall not lose pay or benefits for meetings mutually
scheduled during their duty time up to a maximum of 4 hours per employee per meeting.



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 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.


Section 3-1: Wages
A. The economic value of ongoing total compensation increases will equal 4.5%. This will
be paid as follows:

1. A 5.24% base wage increase, effective the first full pay period in July 2023.
2. Additional uniform allowance (See Sec. 5-6).
3. A change to the Employee Development Fund benefits (See Sec. 5-7).

B. Additionally, Unit 3 employees will receive a non-continuous payment of $2,776.00
for each full-time employee or $1,111.00 for each part-time employee to be paid
out on the first full pay period in August of 2023.



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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. 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.

D. 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.

E. Productivity Enhancement Pay

In recognition of dedicated service and overall performance, the City agrees to
implement the following Productivity pay formula for unit members:

1. a) Pay Benefits for those unit employees receiving payments during the prior fiscal
year:

On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed at least six years (6) but no more than
up to 19 years of continuous full-time service and who meet the additional
qualifications specified in this section shall qualify for $100 for the completion of each
year of continuous full-time service in excess of 5 years, up to an annual maximum
of $2,800 at the completion of 19 years of continuous full time service.

On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed 20 years or more of continuous full-time
service and who meet the additional qualifications specified in this section shall
qualify for $125 for the completion of each year of continuous full time service in
excess of five years, up to an annual maximum of $6,000 at the completion of 29
years of continuous full time service.

b) Pay Benefits for those unit employees receiving their first payment on or after July
1, 2014:

Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual) payments,
unit members who have completed at least six years (6) but no more than up to 19
years of continuous full time service and who meet the additional qualifications
specified in this section shall qualify for $100, prorated and included each pay period
in the qualifying unit employee’s regular paycheck, for the completion of each year
of continuous full time service in excess of 5 years, up to an annual maximum of
$2,800 at the completion of 19 years of continuous full time service.


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Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual payments),
unit employees who have completed 20 years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
$125, prorated and included each pay period in the qualifying unit employee’s regular
paycheck, for the completion of each year of continuous full time service in excess
of five years, up to an annual maximum of $6,000 at the completion of 29 years of
continuous full time service.

2. Qualifications:

a) An employee must have completed at least one 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. Productivity Enhancement pay
will not be affected by movements to positions within the same pay range.

When a position is reclassified to a higher classification, or when a 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 pay amount (incumbent’s annualized payment, and which does not
result in a decrease from that 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.

b) An employee must have completed 6 years of continuous full-time service.

c) An employee must have achieved the overall performance rating of “Met” on his
latest performance evaluation on file at the time of the qualifying date.

d) 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.

e) For those employees who are otherwise eligible for Productivity Enhancement
pay, an employee who receives a below “meets standards” evaluation shall
receive another evaluation within 90 days to 120 days, and if that evaluation is
“meets standards” or better, he will be eligible to receive the next scheduled
Productivity Enhancement payment.

3. Terms of Payment:

a) Payments will be made within 30 days of the qualifying date.



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b) Employees receiving semi-annual payment, who separate from City employment
after the qualifying date, but prior to the payment day, shall receive the payment
in their termination check.

F. Linguistic Pay

This provision is written to provide guidelines for paying Unit 3 members who are
authorized, certified, and required by management to utilize a language other than
English to conduct official City business.

1. Pay Benefits:

A unit member who meets the linguistic skills qualification as determined by a
management review panel and becomes certified shall be paid a premium of $75 per
month.

G. Unit 3 employees who receive an overall “Met” on their performance evaluation and are
eligible for merit shall receive it in accordance with the pay plan.

H. The Union President may bring recommendations for Special Merit Increases to a
Department Head for consideration on behalf of unit employees.

I. During the term of this MOU the City will provide an annual budget presentation to the
AFSCME Local 2960 Board. This presentation will be scheduled within 30 days of the
final budget being presented to Council.


Section 3-2: Overtime
A. Overtime is defined as time assigned and worked beyond the regularly scheduled work
week or daily work shift; it being understood that overtime for all unit members who
normally work a daily work shift of 8 consecutive hours, including a paid meal period on
the job, is defined as time assigned and worked in excess of 40 hours in a 7 day work
period or 8 hours per daily shift including paid meal breaks.

Overtime for unit members assigned to a 4/10 work week schedule is defined as time
assigned and worked beyond the regularly scheduled 10 hours per shift or 40 hours per
week.

There shall be a minimum of 12 hours off between shifts for unit members working a
4/10 and 5/8 schedules. If this is not possible, the employee shall receive overtime
compensation at their regular rate of pay for each full hour, or fraction of hour, worked
within the described 12 hour period for a 4/10 or 5/8 schedule.

This language only applies to employees who work 2 full shifts. A shift holdover is
considered a continuation of the regular shift. Employees cannot receive overtime
compensation and 12-hour rule for the same hours worked (i.e., no pyramiding). If an
employee works less than a full shift either before or after his/her regular shift, the 12
hour rule does not apply. See Appendix E for examples.


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B. Duly authorized paid leave time shall be considered as time worked for the purposes of
calculating premium overtime pay during the regularly scheduled work week (but not
daily workshift).

C. Overtime work shall be compensated at 1 ½ times the regular rate, or compensatory
time at 1 ½ times up to a maximum accumulation of 300 hours of compensatory time,
exclusive of any premium or bonus pay. Authorized overtime hours worked in excess
of 300 hours shall be paid in cash. There shall be no compounding or pyramiding of
overtime pay with regular or premium pay.

Requests for use of compensatory time shall be subject to approval of supervision based
upon operational and scheduling factors. Guidelines for administration of compensatory
time or cash payment of overtime are contained in this Memorandum of Understanding
in Attachment "D."

A unit member may convert accumulated compensatory time credits to cash, up to a
maximum of 120 hours in no more than two, 60 hour increments, by notifying the
Department payroll staff in writing of such intent no later than November 1 (payment will
be made on or before December 15) and no later than July 31 (payment will be made
on or before August 31).

D. Call-Out Pay

An employee shall have a minimum of 3 hours pay at overtime rates when called out for
work after leaving City facilities at a time other than his regularly assigned shift, or when
he is called out for overtime work while on stand-by pay.

Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate 45 minutes after being relieved from duty. This
45 minutes travel time shall be included in the minimum guarantee and shall be paid
only if the total work and allowed travel time exceed the minimum. Where employees
are assigned take-home transportation, they will not be allowed the 45 minutes travel
time. 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 hours.

Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.

At times when employees are required to work scheduled overtime, they will receive a
minimum of three hours, at 1 1/2, providing said overtime is not immediately preceding
or following his regular work hours.

Remote Access Support
Employees called to perform work by remote access, such as VPN, shall receive a

minimum of 30 minutes pay at the overtime rate or the actual amount of time expended,
whichever is greater. The employee will be paid at the overtime rate in quarter hour


Page 209
increments for each remote access support response after the initial response. Calls
placed closer than 30 minutes shall be treated as a single event and subject to the actual
time worked or minimum payment.

Telephone Support
Employees called to perform work by means of telephone support shall receive 30
minutes pay at the overtime rate or the actual amount of time expended whichever is
greater. The employee will be paid at the overtime rate in quarter hour increments for
each telephone support response after the initial response. Calls placed closer than 30
minutes shall be treated as a single event and subject to the actual time worked or
minimum payment.

E. Cash compensation for all overtime will be at 1 1/2 times the regular rate after the first 7
minutes assigned and worked beyond the end of an employee's regularly scheduled
shift, calculated to the nearest quarter hour. There shall be no compounding or
pyramiding of overtime pay with other regular or premium pay except as required under
Fair Labor Standards Act.

F. Off Duty Physician Appointments

When, at the direction of the immediate non-unit supervisor, unit members being treated
by the authorized and designated City physician at times they are not scheduled to be
on duty nor are on paid leave or disability benefit status, shall be entitled to overtime
compensation in accordance with Article 3 hereof. This compensation shall be at a
minimum of one hour or based on actual check-in and check-out time recorded by health
center staff.

G. 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 work history, skill level, assigned equipment, etc. The City will make available
to the Union, upon request, reports of overtime worked by unit members on a quarterly
basis. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate staffing,
or to insure timely service delivery, or to conduct mandatory training.

When a unit member is off duty or on leave and is contacted by telephone by his
supervisor for purposes other than callout or a supervisor approves of the making or
receiving of the call, the unit member will be paid at time and one-half his regular rate of
pay for each quarter hour calculated to the nearest quarter hour (over 7 minutes goes
to the next quarter hour). There will be no compensation for calls under 7 minutes.

A unit member has the option of donating accrued vacation or compensatory time to
another City employee in accordance with Administrative Regulation 2.144.





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Section 3-3: Out-of-Class Pay
A unit member who is 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:

A. To be eligible for the additional compensation, the unit member 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. Once this qualification is satisfied, no additional re-
qualification will be required. The unit member must be specifically designated in writing
to perform out-of-class duties.

B. Temporary assignments out-of-class shall be recorded only in full shift units. A unit
employee working out-of-class for 5 hours work for a 10 hour shift and 4 hours work for
an 8 hour 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 5 hours for a 10 hour
shift and 4 hours work for an 8 hour shift.

C. To qualify for out-of-class pay, a unit member 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 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.

D. 1. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.

2. When authorized, time worked out-of-class may earn experience only credit toward
completion of experience requirements in lieu of existing experience requirements
for promotion to those classifications where such out-of-class work was performed
in a certified position.

E. A unit member 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 salary ranges, a one-step differential shall
be paid for out-of-class assignments. 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 not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.





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Section 3-4: Sick Leave Cash Out Formula
A unit member who has accumulated a minimum of 750 qualifying hours or more of accrued
and unused sick leave at the time of a duty related retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.

Additional language of this Section 3-4 is contained in Attachments B and C.


Section 3-5: Shift Differential Pay
Unit members shall receive $.60 per hour in addition to their hourly rate of pay when working
a night shift which ends at or after 10:00 p.m. (9:00 p.m. in the Library Division) and before
midnight, and $.80 per hour in addition to their hourly rate of pay when working a night shift
which includes work during the period after midnight to 3:00 a.m. Shift differential shall
continue be paid at the rate of the regular shift for any additional hours worked following the
regular shift.

Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time. If an employee works a 2nd or 3rd shift for 6 hours or
more, they will receive a shift differential.

Employees participating in a 4/10 work schedule shall receive $.60 per hour in addition to
their hourly rate of pay when working a night shift which ends between 10:00 p.m. and 3:00
a.m., inclusive; and $.80 per hour in addition to their hourly rate of pay when working a
regular night shift which ends after 3:00 a.m.

A Unit member shall receive 10 cents 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
PM on Friday and continuing through any shift that starts on or before, but not after 11:59
PM on Sunday.

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.


Section 3-6: Stand-By Pay

When a unit member is required to be available for immediate emergency call-back at times
when the member is not otherwise on duty, the member shall be compensated for such
stand-by hours at $3.00 per hour. Members serving in stand-by assignments shall be
subject to contact requirements as provided for by the Department Head.





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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 for work as scheduled, shall be paid for at
least 4 hours at the hourly or applicable rate of pay. If work on the employee's regular job
is not available for reasons beyond his control, the City may, at the City's discretion, assign
the employee substitute work.

Employees who start work and are later compelled to stop because of inclement weather
or other conditions beyond their control shall be paid for the hours they work, but they shall
be paid for not less than 4 hours at the straight time rate.

Employees released hereunder prior to the end of their regular shift may be required to
stand-by and keep themselves available for immediate call-back during the balance of their
regular shift (for which time they shall be entitled to stand-by pay under Article 3, section 3-
6, "STAND-BY PAY" hereof). An employee may request the use of any accrued leave time,
exclusive of sick leave, to cover the balance of his regular scheduled work shift. Employees
called back to work shall be entitled to their hourly rate of pay for the balance of their
regularly scheduled shift.


Section 3-8: Jury Duty Pay
Pursuant to A.R. 2.24, as amended, a unit member called for jury duty or subpoenaed by a
court as a witness shall be granted a leave of absence from municipal duties without loss
of pay for the time actually required for such service and may retain jury or witness pay,
except where such testimony or witness duty is the result of a unit member's official duties
as a City employee.

To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.

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

Subject to operational and scheduling needs, unit members whose regular work shift is
worked after 5 p.m. and prior to 8 a.m. may be allowed by management to be assigned to
the day shift during the period of jury duty service. The member will be responsible to notify
their supervisor as soon as they are notified for jury duty by a court.

Call Out Pay for Court Time:

When, as a result of his official duties, a Unit member is required to appear as a witness at
a time that the employee is not otherwise on duty, the employee will receive a minimum of
3 hours pay at 1 ½ his regular rate of pay, except that an employee shall not be eligible for
additional compensation during that 3 hour period.

Court Time Stand-By:



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When a Police Department Assistant, Crime Scene Specialist, or Commercial Vehicle
Inspector 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 shift, he shall be compensated the greater of either $100 per day for each day
the subject court proceeding is in session and the Unit member is subject to call, or in
accordance with the current provisions of the Fair Labor Standards Act for the term of this
agreement or for so long as the Act is applicable.

Subject to operational and scheduling needs, full-time Unit 3 employees whose non-
traditional work schedules include N-days may be allowed by management to be provided
an alternate N-day during the pay week for hourly employees (when the date of jury service
falls on the employee’s regularly scheduled N-day).


Section 3-9: Deferred Compensation Program
The City shall contribute an additional 0.75% of each Unit employee’s monthly base wages
for a total of 2.36% to the City Deferred Compensation Plan.


Section 3-10: Compensation for Approved Training

Any Communication Dispatcher assigned to the Aviation or Fire Departments and Police
Communications Operator who is selected by their Department to conduct department
approved field training will be paid a one-step differential or a minimum of 3%, whichever is
higher, for those hours actually spent training other staff members.




ARTICLE 4: Hours of Work/Working Conditions

Section 4-1: Hours of Work
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. Unit members
may sign individual statements waiving the provisions of this section concerning
consecutive days. Signed waivers shall continue in effect per M.O.U. year, unless there
is an emergency of long-term duration affecting the employee. In which case, the
employee will give the City at least ten calendar days notice in order to revoke the
waiver.

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

a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor

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d. Signed waiver

The regular work day and regular work week shall consist of 5 consecutive days of 8
hours or 4 consecutive days of 10 hours of work excluding unpaid meal periods in a 7
calendar day pre-established work period, except in those departments performing
normal services regularly on Saturday and/or Sunday, with the following exceptions:

1. To the extent that Library schedules do not conform to the above provision, it is not
intended nor shall this section change such scheduling practices in the Library
Division.

2. The shift schedule for unit members in the Fire Dispatch Operation shall be subject
to change during the term of this Memorandum, when such is conducive to efficient
operations in the judgment of department management. The Union shall be advised
of such changes in advance in the Labor-Management Committee (Article 2, section
2-2).

3. Exceptions to this Section may be made for Detention Officers in the Police
Department.

The City and Union will discuss aligning the definition of the start date of the shift in
Labor-Management meetings.

B. Regular work schedules showing the employees' shifts, work days, and hours shall be
posted where accessible to employees.

C. Except for emergency situations, permanent regular work schedules shall not be
changed without notice of at least 14 calendar days to the affected employee(s). Full-
time unit members shall be given notice of at least 14 calendar days when there is a
change in their permanent work location. Excluding employees of Parks or City
Clerk, part-time employees who have one permanent work location shall be given
notice of at least 14 calendar days when there is a change in their permanent work
location. "Emergency" hereunder shall mean unforeseen operational circumstances.

When used in the context of this article, operational circumstances 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, 14 calendar days notice will be given to change
permanent regular work schedules. For emergency operational actions, unit members
will be provided as much advance notice and information as the situation will allow.

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 within 7 calendar days notice.

Employees may request to be changed to another work schedule, and when a position
on such schedule becomes vacant and available, shall be so reassigned on a seniority
preferred basis when qualifications and experience are deemed to be equal by the City.
(See Article 4, section 4-4 Seniority)


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D. Employees engaged in continuous operations are defined as being any employee or
group of employees engaged in an operation for which there is regularly scheduled
employment for 24 hours a day, 7 days a week.

The work week for employees engaged in continuous operations shall consist of 5
consecutive days of 8 hours of work or 4 consecutive days of 10 hours of work, excluding
unpaid meal periods. This provision shall not apply to relief positions.

E. Unit 3 employees' regularly scheduled workday will be determined by the actual calendar
date that they start their shift.


Section 4-2: Rest and Lunch Periods
A. Scheduled work shifts shall include meal periods to be observed as follows:

5 DAY WORK WEEK MEAL PERIOD
8 hours 30 minutes on the job, paid at straight time
8-1/2 hours 30 minutes, unpaid
9 hours 60 minutes, unpaid


4 DAY WORK WEEK MEAL PERIOD
10 hours 30 minutes on the job, paid at straight time
10-1/2 hours 30 minutes, unpaid
11 hours 60 minutes, unpaid

Schedules for Police Assistants and Police Aides, in the Police Department shall include
a paid straight-time meal period of 1/2 hour on the job.

Two (2) paid non-work periods of 15 minutes during the above scheduled work shifts
shall be permitted to promote the health, safety and efficiency of employees on the job.

A unit member may request a flextime schedule. If work demands preclude a unit
member from taking an unpaid lunch period, they will receive compensatory time at 1 ½
x for the missed meal period, provided they have received prior authorization from their
supervisor for working through the lunch period and they have worked more than 40
hours that week. When a Unit member does not receive a paid meal period, the meal
period shall be uninterrupted and duty-free. For paid straight-time meal periods of 1/2
hour, the intent is for the employee to have a break from their work station during this
period, but the employee must be available for immediate call-back to work when
necessary. When work demands permit, with a supervisor’s approval, a Unit employee
may combine their 30 minute meal period with one of their 15 minute rest periods to
achieve a 45 minute meal period. This paid leave time counts as hours worked.

B. Activities of employees during above non-work periods shall not be subject to any
unreasonable restrictions.




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C. When a Unit member works overtime of 2 hours or more in addition to their daily work
shift, they shall be entitled to an additional 15 minute break. Every additional 2 hours of
overtime will entitle an employee to an additional 15 minute break.

After 4 consecutive hours of overtime in addition to their daily work shift, a unit member
shall be entitled to a paid meal break of 30 minutes but in no event shall a unit member
be entitled to more than one such break for every 8 consecutive hours of overtime.


Section 4-3: Clean-up Time
Unit 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.

All departments shall provide field employees with the appropriate clean up kits/ materials,
upon request.

Employees shall be allowed reasonable time, as necessary, for personal cleanup prior to
the commencement of lunch and break periods.

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
more healthy and safer work environment.


Section 4-4: Seniority

A. 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.

B. Seniority shall be used as a factor consistent with established Civil Service procedures
and Personnel Rule 14 in choice of work assignments, vacation schedules, and in the
determination of lay-offs.




ARTICLE 5: Benefits

Section 5-1: Health Insurance
A. The City and Union agree to 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%.



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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 from the City and a Local 2960 representative.

C. It is understood between the City and the Union that the City's monthly contributions will
not, under any circumstances, exceed the actual premium cost.

D. The City will maintain an Employee Assistance Program which will provide confidential
individual and family counseling to all unit members and their eligible dependents.
These services will be furnished by an independent contract agency to be chosen by the
City.

E. Employees in positions in classifications 320 and below will receive a health insurance
supplement allowance of $66.50 two (2) times a year to be paid in August and February.
Regular bargaining unit employees must be enrolled in current City Health Insurance
Program to receive this benefit.

F. All Unit 3 Police employees will be included in coverage of the Police Officers Assistance
Program.

G. The following chart reflects the MERP benefits for unit employees eligible to receive
MERP as determined on August 1, 2007. It is understood the MERP amounts listed are
not subject to modification through contract negotiations but may be increased by the
City.

Retiree with less than 5 years of active City credited service. $117 per month
Retiree with at least 5 years but less than 15 years of active City $135 per month
credited service.
Retiree with at least 15 years but less than 25 years of active $168 per month
City credited service.
Retiree with 25 or more years of active City credited service. $202 per month

H. An additional Medical Expense Reimbursement Plan (MERP) supplement of $100 will
be paid to unit employees who retire on or after July 1, 2007 and are within 15 years of
becoming retirement eligible as of August 1, 2007 and who choose the City’s family
coverage. This additional MERP amount will be paid until retirees reach age 65. Any
unit employee who retires after July 1, 2009, and is eligible to receive MERP, as
determined on August 1, 2007, will receive this additional MERP amount for either family
or single coverage until age 65. This credit is applied directly to the retiree’s premium
deduction.

The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The
date of an individual's retirement eligibility was determined on August 1, 2007).

I. In the event of the death of a unit member while on duty or while performing a job function
as determined by the City, the City will continue to pay the full monthly health insurance
premium for the spouse or domestic partner and all eligible dependents. Should the
surviving spouse or domestic partner remarry, the benefits of this provision may continue


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through COBRA. The policy is retroactive to any reported and known In-Line-of-Duty
death of a Unit member from July 1, 2010 to June 30, 2019.


Section 5-2: Dental Insurance
The City shall pay the full premium costs for single coverage for employees enrolled in the
base dental HMO or PPO plan and 75% of the premium costs for family coverage for a City
dental plan. If an employee selects a dental plan other than the base HMO or PPO, the
employee will pay the difference between the PPO plan and the selected plan.

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 $2,500 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.

Effective August 1, 2003 the orthodontia benefit shall be $4000 dollars.


Section 5-3: Life Insurance
The City will provide at no cost to unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's gross annual
salary rounded up to the next $1,000 or $25,000, whichever is greater; in addition, the City
will also provide death-in-the-line-of-duty insurance with a face value of $75,000.

It is understood between the City and the Union that any negotiated changes in life
insurance benefits shall be effective on or about January 1. The designated beneficiary of
a unit member 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 member and payment will be based
upon the unit member's base hourly rate of pay at the time of death. The beneficiary shall
be that person 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 employee a $200,000 death benefit covering
the unit employees commutation to and from his City work location. This policy will be
consistent with the current City Life Insurance carrier, and will cover the unit employee’s
commute for up to two hours before his shift begins, and two hours after his shift concludes.

In the event of the death of a unit employee 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 current City Life Insurance carrier, for the payment of a supplementary
commutation life insurance policy for each unit employee.





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Accumulated sick leave hours on the city’s official file at the time of an active unit member’s
death will be paid. Payment will be based upon the member’s base hourly rate at the time
of death.

Upon receipt of invoice, the City will reimburse the Union up to $6.00 per month per
full-time unit employee for premiums and reasonable administrative costs incurred
by the Union sponsored life/long term care insurance benefit. Labor Relations must
approve all associated administrative costs prior to reimbursement; however,
approval will not be arbitrarily withheld.


Section 5-4: Long-Term Disability

The City will offer a long term disability benefit for all full time, regular unit employees
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 12 consecutive months are eligible to apply 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 benefit will be coordinated with leave payments, industrial insurance payments,
unemployment compensation, social security benefits and disability provisions of the
retirement plan.

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.

Employees participating in the long term disability benefit as of June 30, 2012 will continue
under the previous benefit rules until they return to work or achieve the maximum age of 80
for benefits.


Section 5-5: Holidays and Vacations

A. The City agrees to incorporate into the Memorandum the benefits provided under
Administrative Regulation 2.11, as amended, 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 - Third Monday in January
President's Day - Third Monday in February
Cesar Chavez’s Birthday - March 31
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran's Day - November 11
Thanksgiving Day - Fourth Thursday in November


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Friday after Thanksgiving Day
Eve of the Christmas holiday - 4 hours
Christmas Day - December 25
Three vacation days- After completion of six months of full-time employment
added to vacation bank of hours

When a holiday named herein falls on Sunday, it shall be observed on the following
Monday, and when a holiday herein falls on a Saturday, it shall be observed on the
preceding Friday, except that in the case of 6 day operations and in the Library
Department such holidays may be observed on Saturday, and in the case of continuous
operations and seven day operations, holidays shall be observed only on the calendar
days on which they actually fall. This paragraph shall not apply to the Eve of Christmas
holiday, which shall only be granted when it falls on the employees' regular scheduled
work day.

A unit member working in a continuous operation, whose regularly scheduled day off
falls on a holiday specified above, and who is scheduled or called in by management to
work a regular shift on such holiday and scheduled day off, shall be compensated as
follows: 8 hours pay for the holiday plus pay at 1 1/2 the regular rate for each hour
assigned and worked, plus compensatory time credit for each hour assigned and worked
to a maximum of 8 hours.

B. Vacation accrual, carryover, and separation payout shall be governed by the following
table:

SERVICE MONTHLY MAXIMUM PAYOUT
YEARS ACCRUAL CARRYOVER

0-5 8 hours 232 hours 280 hours
6-10 10 hours 280 hours 340 hours
11-15 11 hours 304 hours 370 hours
16-20 13 hours** 352 hours 430 hours
21 + 15 hours** 400 hours 490 hours

**In the last three years of service an additional 80 hours may be carried over into a
new calendar year.

Unit members shall be allowed vacation buy out twice per calendar year, on the last
paycheck of November and/or May. The total annual buy out is up to a maximum of 80
hours taken in no more than 40 hour increments, after the employee has accumulated
a minimum of 120 hours and has used 40 hours of vacation/comp-time during the
calendar year.

Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member.



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

C. Through Labor-Management Unit 3 established a pilot program for unused vacation time
that unit members would lose since it could not be carried over into the next calendar
year. A bank was established and the time was donated to Unit 3 employees with a
petition on file per A.R. 2.144. The City agrees to continue the pilot program during
the 2023-2024 MOU.


Section 5-6: Uniforms
A. Uniform Allowance

Unit members employed by the Police Department or Fire Department who are required
to purchase, wear and maintain uniforms pursuant to Police or Fire Department rules
and regulations shall be entitled to an annual uniform allowance in the below listed
amounts for the appropriate listed classifications:

Job Classification Allowance
Police Assistant*/Special Detail (Assigned $1150 per annum
to Patrol or Transit functions)
Police Assistant $725 per annum
Detention Officer $1150 per annum
Police Aide $725 per annum
Police Communications Operator $725 per annum
Fire Prevention Specialist Trainee $725 per annum
Fire Prevention Specialist (Including $725 per annum
employees in Planning & Development)
Court Security Officer $725 per annum
Fire Emergency Dispatcher/Lead** $725 per annum
Municipal Security Guard* $725 per annum
(Part-time employees receive 80% of
full-time allowance ($580) in Library
Dept only)
Municipal Security Guard* in Police $1150 per annum
(required to wear Class B or C uniform)
Crime Scene Specialist* $725 per annum

**The City will issue a one-time $200 winter uniform jacket allowance to for outdoor work
to the following classifications and assignments:

Police Assistants assigned to Parking Enforcement Detail
Police Assistants assigned to Patrol or Police Transit
Detention Officers
Crime Scene Specialists
Municipal Security Guards in Police, Water and Public Transit



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Police Assistants, Detention Officers, Municipal Security Guards in all departments,
Police Assistant-Transit and Police Assistants and Crime Scene Specialists in public
facing positions, as well as Operations Assistants in Aviation working non-secured side
of airport who purchase a new ballistic vest, upon showing proof of purchase, shall be
reimbursed an amount up to, but not exceeding $1,000. Upon replacement, a qualified
employee as listed in this section shall be entitled to the $1,000 reimbursement every 5
years after initial purchase.

In lieu of the $100 employees in the job classifications of Fire Emergency
Dispatcher/Lead previously received from the City/Fire Department for additional
uniform items, employees in these job classifications will now receive an equivalent
uniform allowance of $100. Payment to be made on or about August 1 of each MOU
year.

1. Payment of the annual allowance will be made on or about August 1 of the fiscal year
and shall be for the period of July through June, and is intended to cover the cost of
uniforms, maintenance, and cleaning of such uniforms.

2. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform.

The second uniform allowance, received at the start of the next fiscal year, will be
equal to 1/12 of the annual uniform allowance for each month of the preceding fiscal
period, starting with the first month the employee was directed to wear and maintain
a uniform, to the start of the new fiscal year.

3. Unit members who leave City employment shall repay to the City the uniform
allowance equal to 1/12 for each month remaining in the fiscal year after the last day
of the month in which the separation occurs. Provided, however, that unit members
who retire will not be required to repay any uniform allowance.

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.

4. A unit member who has been on extended leave (paid or unpaid) of 2 months or
longer shall have the next annual uniform allowance reduced by 1/12 of the annual
amount for each month of extended leave.
5. An employee who has received an allowance under this agreement and is
subsequently promoted or transferred into a Public Safety Retirement System
position shall have his allowance adjusted to accommodate the difference but shall
not be entitled to both allowances.

6. Reimbursement Schedule

The City agrees to reimburse all unit members 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
employees, other than normal wear and tear in accordance with the schedule of
items and maximum amounts authorized for reimbursement outlined below:


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Uniform Boots/Shoes - Full Cost
Uniform Trousers - Full Cost
Uniform Shirt - Full Cost
Uniform Jacket - Full Cost
Glasses - Prescription $130.00
Watches - $52.00
Jewelry - $44.00
Flashlight - $21.00
Sun Glasses - $17.00 Non-Prescription
Safety Vest - Full Cost

Reimbursement 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.

The option to repair or replace damaged items, and to determine whether replaced
property will be returned to the employee, rests with the City.

The provisions of this policy shall not apply if the employee 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
employee relating thereto.

Any item not specifically mentioned may be discussed in a meeting of the
Labor-Management Committee.

7. Prior to changing or modifying current uniforms, the City will notify the Union, in
writing, with a minimum of 30 calendar days notice of its intent. The Union may
at any time request the Labor-Management Committee meet to discuss changes and
modifications to the current uniforms.

HONOR Guard – Prior to any formal recognition of the Unit 3 Honor Guard, the City and
Union will determine the Honor Guard fund management, uniforms, policies, and
procedures in Labor-Management meetings. A good-faith effort will be made to
schedule these Labor-Management meetings within 8 weeks of the contract start date.

The AFSCME Local 2960 Honor Guard is a professional organization that represents
the City of Phoenix at official events, memorial services and employee funerals. The
AFSCME Local 2960 Honor Guard was established in January 2015 after the LODD
loss of Unit 3 employee Megan V. Lange. The 501c3 was formalized during the 2016-
2019 contract MOU at the request of the City during negotiations to help institute formal
recognition of the Honor Guard. Through the work of AFSCME Local 2960, a registered
501c3 non-profit association (ID #82-08366266), the Honor Guard provides public
education and community service. Each year of this agreement, the City will direct
$25,000 to a fund maintained by the City, which has been charged to the total
compensation of the Unit 3 economic package, to support the work and related
expenses of maintaining the Honor Guard. The Union will submit receipts to the City for
reimbursement. If the entire $25,000 is not used in the first year of the MOU the balance


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will carry over into the following year not to exceed $50,000 during the term of this MOU.
Funds not used by the end of the MOU will be credited to the Unit 3 package for the
following contract.


Section 5-7: Tuition Reimbursement
A. Unit members who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:

1. For the 2023-2024 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, unit members must have successfully
completed academic or training courses approved by the department head and the
Human Resources Director as provided in existing regulations.

B. Tuition reimbursement in accordance with this Article will be made in the event an
employee's approved course of instruction is terminated solely and directly as a result
reimbursement shall not occur in the event of any other voluntary or involuntary change
in job assignment or employment status.

C. The City will reimburse unit members for expenses incurred as a result of requiring and
maintaining certification required by the City for Building Inspectors, Construction Permit
Specialists, and Operation Assistants Air side, and Fire Prevention Specialist once they
pass the test, on a one time basis only. The City will not reimburse unit members for
classes the City provides at no cost, or for classes the City identifies for unit members
to be taken at no cost.

D. Unit classifications at pay range 324 and above shall be allowed to utilize up to $225 to
attend one-day, in-state, city-related seminars/training and city-related memberships.


Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking
A. Where, with respect to the below listed classifications, the City expressly requires as a
condition of employment that the employee own and utilize his personal automobile in
performing assigned duties, such employees shall be compensated $12.00 per month
toward automobile insurance expenses upon submission and resubmission as may be
required by the City of such insurance expenses being incurred by the employee:

Community Worker II
Caseworker I
Caseworker Aide
Senior Center Assistant





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Employees required and authorized to use their private vehicle on City business and
who have provided proof of appropriate insurance as required by City regulations shall
be compensated at the IRS regulated rate per mile.*

*Refer to A.R. 6.21

B. Employees regularly assigned to the airport terminal buildings shall be provided parking
facilities without charge at a location at the airport to be specified by the Director of
Aviation.

C. All regular full-time and part time bargaining unit employees will receive, upon request,
a City issued bus/transit pass at no cost to be used only by the employee.

D. If parking rates are increased, the City will notify the union prior to the increase taking
place.

E. Parking rates for employees who drive motorcycles to work shall be reduced by 50%
when they park at the 305 garage or Adams Street Garage.

F. The City will provide 4 parking cards to the Union.


Section 5-9: Unpaid Parental Leave / Family Leave
A. The City will, as a matter of general policy, authorize up to 3 months of unpaid leave for
any unit member who is the parent of newly born, legally adopted child, or any unit
member who needs to care for an ill family member. Family members include spouse,
qualified domestic partner, children (natural, adopted, foster or stepchildren) brother,
sister, parents, and grandparents. Approval and use of this leave shall be subject to
existing Personnel Rules. The employees’ immediate family member does not have to
live in the employees’ household to be covered by this section.

B. 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. 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.)

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 of the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor under A.R.
2.30, when evaluating the job performance of an employee involved in a leave-



Page 226
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.

Immediate family is defined as the following persons: spouse, qualified domestic
partner, child, step-child, brother or sister of the employee or the parent of the employee
or spouse, a relative who, because of family circumstances, has been a parent substitute
to the employee may be considered as a substitute for mother or father in this definition.


Section 5-10: Retirement Program and Benefits
The retirement program and benefits for Unit 3 employees are listed in the Phoenix City
Charter.



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 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 Memorandum shall not be affected thereby; and upon issuance of such
final decree, the parties, upon request of either of them, shall meet and confer and
endeavor to agree on a substitution provision or that such a substitute provision is not
indicated.

B. It is recognized by the parties that this MOU shall be administered in compliance with
appropriate provisions of the Fair Labor Standards Act as may be amended.


Section 6-2: Copies of Memorandum

A. Within 60 days of the date that this Memorandum is adopted by the City Council, the
City will arrange for printing of jointly approved copies of it for furnishing one to every
unit employee, unit supervisor and to management personnel.

B. Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors, and Suppliers), as may be
amended.





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Section 6-3: Term and Effect of Memorandum
A. This Memorandum shall remain in full force and effect July 1, 2023 through June 30,
2024 and thereafter shall continue in effect year-by-year unless one of the parties
notifies the other in writing no later than December 1st, of the final year of the contract,
of its request(s) to modify or terminate it.

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, during the
term or extensions thereof.

C. If any section or provision of this Memorandum violates existing Federal, State or City
law, then such law shall supersede such provisions or section.

D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union 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 City Council or the City Manager.

E. The City may change the terms and conditions of Administrative Regulations during the
term of this Memorandum. The City will notify the Union of any changes in
Personnel Rules and/or new or revised Chapter 2 Administrative Regulations
(ARs) affecting unit employees.

The City will consult the Union concerning changes affecting existing compensation
provided for under the following Administrative Regulations:

2.16 Political Activity Time Off to Vote
2.241 Compensation for Interpreting and
Translation by Personnel in City Courts
2.27 Employee Suggestion Program
2.34 Transitional Work Policy
3.41 Travel Authorization and Travel Expense Allowances

F. The provisions of this Memorandum apply to all unit members, except that entitlement
to health, life and long-term disability insurance, holiday, overtime and show-up benefits
for regular hourly employees shall continue in accordance with present practice and
policy. The City shall not lay off from City employment full-time employees for the sole
purpose of replacing them with hourly employees, and will not alter the status of
incumbent full-time employees to hourly employees.

G. 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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Section 6-4:
The City shall create an Employee Memorial for those employees lost to COVID-19 to
thank them for their service to the City of Phoenix





Page 229
IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023



______________________________________________________________________
Frank Piccioli, President, AFSCME Local 2960


_____________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, Labor Relations, City of Phoenix


_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix


ATTEST:


______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix


APPROVED TO FORM:

______________________________________________________________________
City Attorney, City of Phoenix


AFSCME 2960 Team: City of Phoenix Team:
Frank Piccioli, President Jason Perkiser, Assistant Human Resources Director
Debra Novak-Scott Martin Whitfield, Parks and Recreation Department
Angie Hernandez Jesse Cooper, Police Department
Kanika Jones Patricia Kirkland, Human Services Department
Michelle Newcomb Michael O'Shaughnessy, Aviation Department
Jose Vejar Brandie Barrett, Public Works Department
Kennethy Franklin Rayne Gray, Fire Department
Karen Roberts Sheree Rucker, Human Resources (Coordinator)
Sonya Valenzuela Brianna Soto, Human Resources (Scribe)
Lena Bernal
Sheila Yellowhair





Page 230
ATTACHMENT A

DEPARTMENTS REPRESENTED BY AFSCME LOCAL 2960

Aviation

City Clerk

Community & Economic Development

Phoenix Convention Center

Finance

Fire

Housing

Human Services

Information Technology

Law

Library

Municipal Court

Neighborhood Services

Parks & Recreation

Planning & Development Services

Police

Public Transit

Public Works

Street Transportation

Water

Stewards are listed on our website - afscme2960.org





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ATTACHMENT B (Relating to Vacation Leave)
All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or the
employee group, this entire Attachment B becomes null and void:

Section 3-4 (Continued)

A. Final Average Compensation and Vacation Leave

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


2. The City recognizes that the Union may bring a lawsuit regarding the City’s proposed
implementation of the practice set forth in this Attachment B by submitting the dispute
concerning the City’s proposal and planned implementation of the practice in
Paragraph B.1 of this Attachment B to a court of competent jurisdiction.

3. The Parties expressly agree that nothing contained in Section 3-4 or this Attachment
B shall be construed to constitute an agreement by the Union to the lawfulness of
the practice set forth in Attachment B or the lawfulness of implementation of the
changes set forth in Paragraph B.1 of this Attachment B. Nor shall anything
contained in this Attachment B constitute a waiver of the Union’s, employees’ or the
City’s claims or defenses in connection with a lawsuit as set forth in Paragraph B.2.
hereof regarding the lawfulness of the City’s proposed implementation of the
changes set forth in Paragraph B.1. The City agrees not to make any argument
based on this Attachment B regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment B. The City expressly agrees it waives
any rights to argue and will not and may not argue, based on this Attachment B, in
any lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s proposed
implementation of the changes in Paragraph B.1, that the Union or Unit 3 employees
agreed to the lawfulness of such changes including, without limitation, by asserting
that the Union or employees agreed to the lawfulness of such change based on this
Attachment B, the negotiations leading up to this Attachment B, the ratification of the
MOU by the Unit 3 employees or based on any action or statements of the Union in
relation to this Attachment B.

4. The Parties further agree that until there is a final judgment and declaration with
respect to the rights of the parties regarding the lawfulness of and the proposed
implementation of the practice in Paragraph B.1, if the City calculates retirement
benefits based on such practice, the Union will not seek a temporary restraining


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order, preliminary injunction or other interim relief to cease the practice set forth in
paragraph B.1. The City expressly agrees that it waives any rights to argue and will
not and may not argue that failure to seek a temporary restraining order, preliminary
injunction or other interim relief to cease the practice set forth in paragraph B.1
constitutes estoppel, an agreement to such practice or waives any rights to challenge
such practice nor will the City argue that either the Union or Unit 3 employees agreed
to the lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or other
interim relief.

5. The City and the Union further agree that in the event a court determines in a lawsuit
as described in Paragraph B.2., after final judgment and all appeals are exhausted,
that: (a) the vacation payments at issue in Paragraph A are compensation within the
meaning of the Charter; or (b) determines that the practice set forth violates the
contractually vested rights of employees; or (c) determines that the practice violates
either the Arizona or United States Constitutions, the City shall, as soon as is
reasonably practicable after final judgment and all appeal rights are exhausted, sever
Paragraph B.1 of this Attachment B and its terms from this MOU and will take
whatever administrative action is reasonably necessary to undo the practice
described in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with the Union
about such administrative action before such action is taken and shall advise the
Union first before advising affected Unit 3 employees about any such administrative
action that directly affects Unit 3 employees

6. The City and the Union further agree that, in the event of a final judgment in the
Union’s favor such as described in Paragraph B.5. of this Attachment, and after all
appeals are exhausted, the City will apply such judgment retroactively to undo the
effect of the practices described in this Attachment B.1 on any employees affected
or bound by this Attachment B and make such employees whole, including without
limitation those Unit 3 employees who retire after June 30, 2014 but before such final
judgment and appeals are concluded. The City shall meet and discuss with the
Union about what actions are taken to undo the effect of the practices and shall
provide the Union with information concerning what Unit 3 employees retired after
June 30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or claim
that such judgment should be applied prospectively only.





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ATTACHMENT C (Relating to Sick Leave)
All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:

Section 3-4 (Continued)

C. Sick Leave Cash Out Formula (Continued)

1. Final Average Compensation and Sick Leave.

a. The number of sick leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of sick leave hours in the employee’s leave bank on July 1, 2012, provided
all criteria are met as described in Subsection A of Section 3-4 of this MOU.

b. 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 Compensation.

c. The portion of accrued and unused sick leave that is not included in the Final
Average Compensation upon retirement can be cashed out as a lump sum upon
retirement, provided all criteria are met as described in Subsection A of Section 3-
4 of this MOU.

2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this MOU shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness
of the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et.
al., v. City of Phoenix, et al., Ariz. Super. Ct. Case No. CV2012-010330 (“Piccioli”).

3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this MOU shall be construed to be a waiver of either the Union’s or the City’s claims
or defenses in connection with the Piccioli lawsuit, including any of the City’s
arguments in defense of continuing its current practice under Administrative
Regulation 2.441 or any of the Union’s arguments that it never agreed to such
changes in the MOU effective July 1, 2012 through June 30, 2014 or otherwise. The
City agrees not to make any argument based on this Attachment C regarding waiver,
estoppel, ratification, novation or any similar arguments based on this Attachment C.
The City expressly agrees it waives any rights to argue and will not and may not
argue, based on this Attachment C, in the Piccioli matter regarding the City’s
proposed implementation of the changes in Paragraph C.1(a-c), that the Union or
Unit 3 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness of such


Page 234
change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 3 employees or based on any action or
statements of the Union in relation to this Attachment C.

4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment
and all appeal rights are exhausted, take whatever administrative action is
reasonably necessary to implement the practice described in Paragraph C.1(a-c) of
this Attachment C, provided such action is consistent with the Court’s final judgment.
The City shall meet and confer with the Union about such administrative action before
such action is taken and shall advise the Union first before advising any other Unit 3
employees about any administrative action regarding implementation of Paragraph
C.1(a-c) that directly affects Unit 3 employees.





Page 235
ATTACHMENT D
GUIDELINES FOR ADMINISTRATION OF
COMPENSATORY TIME/CASH PAYMENT OF OVERTIME


The following understanding is intended to serve as guidelines for employees and
supervisory and management personnel when administering the compensatory
time provisions of this Memorandum of Understanding.

Subject to the limitations set forth herein, the following shall apply:

Employees shall have the choice of requesting either compensatory time or cash
payment for overtime authorized and worked, if an overtime appropriation has been
included in the department budget for the departmental work unit in which the
employee works.

Employees will specify the type of payment (cash or compensatory time) at the
time the overtime is worked.

An employee's choice of type of payment shall be subject to supervisory approval.
Once agreement has been reached between the employee and the supervisor, the
type of payment agreed upon shall be honored.

This understanding regarding employee choice shall not apply under the following
circumstances:

Where no overtime appropriation has been included in the department budget for
the work unit in which the employee works.

Where budgetary, staffing, or grant limitations have been placed on the
authorization, use, disbursement or payment of such funds by the City Manager,
Department Head or their designated representatives, or where the terms and
conditions for the receipt and/or utilization of any federal, state, or local government
grants impose such limitations.

The City will make reasonable efforts to notify the Union when changes in
departmental overtime policies regarding the type of payment occur. Provided,
however, that failure to notify the Union shall not prevent or prohibit the department
from implementing such change.





Page 236
APPENDIX E
12-Hour Rule Examples

Regular Shift 2:00 PM - 10:00 PM M-F
Monday Tuesday
Works regular shift Works morning shift

2:00 PM 4:00 PM 6:00 PM 8:00 PM 10:00 PM 12:00 AM 2:00 AM 4:00 AM 6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM

Time period of 6:00 AM - 10:00 AM qualifies for the
12-hour rule. Process XF 4 hours, employee is paid 4
hours at 1/2 time and receives regular hours paid




Wednesday Wednesday
Regular Shift 2:00 PM - 10:00 PM M-F

6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM 4:00 PM 6:00 PM 8:00 PM
Time period of 6:00 AM - 2:00 PM qualifies for the
12-hour rule. Process XF 8 hours, employee is paid 8
hours at 1/2 time and receives OT (1 1/2) for
working 6:00 AM -2:00 PM



Thursday Friday
Regular Shift 6:00 AM - 2:00 PM M-F

6:00 AM 8:00 AM 10:00 AM 12:00 PM 2:00 PM 4:00 PM 6:00 PM 8:00 PM 10:00 PM 12:00 AM 2:00 AM

Time period of 6:00 PM - 2:00 AM qualifies for the 12-hour rule.
Process XF 8 hours, employee is paid 8 hours at 1/2 time and
receives OT (1 1/2) for working 6:00 PM - 2:00 AM





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Report