This request is to amend City Code Section 3-3-1 Merit System, Creation and Scope to apply updates for at-will employment status and correct the types of positions the merit system applies to in the city code and to approve Policy 800 Merit System, Mediation, Discipline and Appeal Process updating the Merit System language identifying the positions covered/not covered and removing the mediation provision.  

1. ADOPT ORDINANCE NO. 2022-1543 AMENDING GOODYEAR CITY CODE SECTION 3-3-1 (MERIT SYSTEM, CREATION AND SCOPE) PROVIDING FOR CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE.

2. Approve "Policy 800 Merit, Mediation, Discipline and Appeal Process" as an amendment to the "City of Goodyear Policy and Administrative Guidelines Manual." (Lyman Locket, Human Resources Director)

No fiscal impact.

The existing City Code section 3-3-1 was last amended November 13, 2006.

The following are changes being applied to Policy 800 - Merit, Mediation, Discipline, and Appeal Process:

• Establish merit system language
• Identify positions covered by the merit system
• Exclude DCM's and Directors/Department Heads hired after July 2020
• Remove mediation provision

The changes to Policy 800, require an amendment to City Code Section 3-3-1, which was last amended in 2006. The revisions to SECTION 3-3-1 are as follows:

(A)  There is created and adopted a merit system governing the employees of the City, except those enumerated in this section, for the purpose of regulating the conditions of employment and removal of employees of the City.
(B)  DEPUTY CITY MANAGERS AND HEADS OF DEPARTMENTS (DIRECTORS AND CHIEFS) APPOINTED BY THE CITY MANAGER AS OF 07/01/2020 SHALL BE AT-WILL EMPLOYEES AND THEREFORE EXCLUDED FROM THE MERIT SYSTEM.
(BC) The merit system adopted by this article shall not apply to elected officials; officers subject to appointment and removal by the Council; the assistant to such officer; consultants hired on a contract basis; contract employees; part-time employees HIRED ON A TEMPORARY OR SEASONAL BASIS;  whose regular work week is 19 hours or less; nonpermanent NON-REGULAR employees; INTERNS; volunteer firefighters; volunteer workers who receive no regular compensation from the City and members of boards, committees and commissions established by the Council. (Prior Code, § 3-3-1) (Am. Ord. 06-1035, passed 11-13-2006)

Staff is requesting approval of the amended Policy 800 - Merit, Mediation, Discipline, and Appeal Process and adoption of Ordinance 2022-1543 amending City Code Section 3-3-1 Merit System, Creation and Scope.