Consideration and Possible Adoption of Changes to Title 1, Chapter 14, Personnel System, of the Flagstaff City Code:
i.     Resolution No. 2012-33: A resolution of the City Council of the City of Flagstaff, Arizona declaring as a Public Record that certain document filed with the City Clerk and entitled "The 2012 Addendum 4 to the Flagstaff Employee Handbook of Regulations"
ii.    Ordinance No. 2012-14:  An ordinance of the City Council of the City of Flagstaff amending the Flagstaff City Code, Title 1, Administrative, Chapter 14, Personnel System, Section 1-14-001-0001, Personnel System Adopted; adopting the Flagstaff Employee Handbook of Regulations by reference, relating to policies and procedures concerning equal employment opportunity, affirmative action, non-discrimination and anti-harassment, Americans with Disabilities Act, complaints, grievances, probationary employees, performance evaluations and reductions in force; providing for penalties, repeal of conflicting ordinances, severability, authority for clerical corrections and establishing an effective date.

• Adopt Resolution No. 2012-33.
• Read Ordinance No. 2012-14 for final time by title only.
• Adopt Ordinance No. 2012-14.

Revising Title 1, Chapter 14 as proposed will amend the Flagstaff Employee Handbook of Regulations to include new and updated policies in Equal Employment Opportunity, Affirmative Action, Non-Discrimination and Anti-Harassment, Americans with Disability Act, Complaint Procedures; Grievance Procedures, Probationary Period, Dismissal of Probationary Employees, Performance Evaluation System and Reduction in Force. The Employee handbook serves many purposes, which include but are not limited to: helping promote efficient City operations; helping protect the City from liability by providing employees with clear directives as to appropriate behavior in the workplace, and enabling the City to receive and continue to receive federal funding.

The employee handbook policies and procedures include employees at various levels throughout the organization which creates costs associated with personnel time. 

Effective governance.

No.

Options: 1) Support the changes ; 2) Support some of the changes; 3) Propose other changes.

The Flagstaff Employee Handbook of Regulations is an evolving document to ensure legal requirements are met and best practices are implemented.  Therefore, the following changes are being proposed:

1.  Section 1-10-011 Equal Employment Opportunity Policy:  This new policy will be added to specify the City bases its hiring and employment decisions solely upon an individual's ability to perform the essential functions of the job without discrimination or harassment on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, veteran's status or any other status protected by law.

2.  Section 1-10-012 Affirmative Action: This policy combines the Affirmative Action Policy, Equal Employment Opportunity and Affirmative Action Plan and Article 1-150 City of Flagstaff Affirmative Action Program into one policy.  The policy provides background information, responsible parties and a listing of potential affirmative actions.

3.  Section 1-10-013 Non-Discrimination and Anti-Harassment Policy: This is updating the City's current policy on sexual harassment and expanding the policy to clearly include harassment, discrimination and retaliation associated with race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, veteran's status or any other status protected by law.  The policy states discrimination and harassment are prohibited and will not be tolerated.  The policy informs employees that all complaints of harassment, discrimination and retaliation will be thoroughly investigated per Section 1-10-021 Complaint Procedures and whom to contact.

4.  Section 1-10-014 Americans with Disabilities Act: This policy combines the current handbook language and employee directive information.  The policy has been updated to include definitions, how to address reasonable accommodations and records.

5.  Section 1-10-021 Complaint Procedures:  This is a new policy that standardizes how complaints related to harassment, discrimination and retaliation will be handled by the City for employees.  The policy explains the reporting procedure, that any supervisor who fails to report will be subjected to discipline, a six month time frame for reporting, the steps of an investigation, including responsive action where an employee may seek recourse if they do not agree with the stated resolution and record keeping. 

6.  Section 1-10-022 Grievance Procedure: This policy has been updated to further explain the filing, response and appeal processes.  It continues to include language about verbally speaking to an immediate supervisor or next levels of supervision as a step before filing a grievance.

7. Section 1-30-060 Probationary Period: This policy has been updated to include a definition of a probationary period and provide the length for non-exempt non-commissioned employees, non-exempt Municipal Court employees and non-exempt commissioned employees.  The dismissal portion of the policy has been separated out to the dismissal section of the Employee Handbook.

8.  Section 1-30-061 Performance Evaluation System: This is a new policy that encompasses the current probationary review and administrative review policies and performance evaluation handbook components.  The policy explains the evaluation process, what probationary, annual and administrative evaluations are and the timing of each.

9.  Section 1-40-122 Dismissal of Probationary Employees: This policy has been broken out of the probationary period policy and updated language has been added.  The policy explains under what circumstances an employee may be dismissed while on probation and an explanation of the dismissal process.

10.  Section 1-40-050 Reduction in Force: This policy has been updated to include the reduction process, performance matrix and placement process.

All of these policies have links to resources such as the Equal Employment Opportunity Commission or Department of Labor websites and to any related forms or documents.  

Key considerations for the proposed changes are as follows:

1.  Adding of an Equal Employment Opportunity statement.
2.  Creating of a non-discrimination and anti-harassment policy including retaliation and standardized definitions and examples.
3.  Expanding the Americans with Disabilities policy to include the process for requesting a reasonable accommodation.
4.  Refining the Affirmative Action policy to update the program and how the program will be administered.
5.  Establishing one complaint procedure for harassment, discrimination and retaliation for employees.
6.  Providing a specific process for filing a grievance and adding the chain of command to the process versus going right from the immediate supervisor to the City Manager.
7.  Removing the right of temporary employees to appeal a dismissal while on probation to the City Manager. Tenured employees do not have this right, so it was not an equitable practice.
8.  Creating a performance evaluation system that includes all types of evaluations and explains the process.
9.  Updating the reduction in force policy to officially adopt the performance matrix and reduction process.

These policies have not been reviewed by the community; however, sexual orientation and gender identity have been added to these policies based on a resolution adopted by City Council.  The resolution was adopted by City Council after a series of public forums had been held regarding additional protections for the LGBT community. 

10/02/2012 - EAB