In order to establish an equitable and uniform procedure for dealing with personnel matters and to assist in assuring that appointments and promotions of employees will be based on merit and fitness, the Town Council for the Town of Superior has adopted the attached personnel policy.

This personnel policy is designed to assist you in understanding the personnel practices and benefits in effect within the Town of Superior at the time of this printing. It is not, however, intended to be a contract for employment and the Town reserves the right to amend, change, or discontinue the practices and benefits described in this policy at any time. We hope the policy will be helpful to you and you should retain it for future reference; If you have any questions about anything in the policy, please talk with your supervisor. However, no individual associated with the Town, other than the council, by means of majority vote, has authority to make any agreement in conflict with this policy or any agreement for employment for any specified period of time.

This policy is to provide a specific procedure to assist in resolving differences with your department head and to inform you of benefits available to you as a Town employee. Any determination of cause for termination is solely within the discretion of the Personnel Board, should any appeal be taken to the Board, and that determination shall be final as to any employee.

Rule I
Definition of Terms

The following terms, whenever used in these rules, shall be defined as follows:

Section 1. “Allocation”: The assignment of a single position to its proper class in accordance with the duties performed and the authority and responsibilities exercised.

Section 2. “Anniversary Date”: The date upon which an employee marks an annual increment of his hiring date.

Section 3. “Appointment”: The offer to a person, and the acceptance, of a position authorized by the appointing power.

Section 4. “Board”: The Personnel Board shall consist of the Town of Superior Mayor and Council, or the Mayor and Council may at its sole option, appoint a Personnel Board and consisting of no less than 3 nor more than 7 residents of the Town of Superior, to act as the personnel board.

Section 5. “Class”: All positions sufficiently similar in duties authority, and responsibility to permit grouping under a common title.

Section 6. “Classified and Unclassified Service”: The employees of the Town of Superior are divided into the classified and unclassified service. The purpose of the classified service is to facilitate efficient and economical service to the public and to the town, and to provide for a fair and equitable system of personnel management, the classified service is composed of all employees in the service of the Town of Superior, except those positions listed below. These positions listed below shall be exempt from the rules, unless specifically included, and shall be considered in the unclassified service.

1. Elected Officials
2. Members of boards and commissions
3. Town Magistrate
4. Volunteers
5. Employees who are given a temporary position
6. Town Attorney
7. Town Clerk
8. Chief of Police
9. All Department Heads
10. Town Manager

Section 6-A. “Classified Service”: The classified service is composed of all employees in the service of the Town of Superior, not listed as unclassified.

Section 7. “Compensatory Time”: Time off given in lieu of overtime payment (money).

Section 8. “Demotion”: The movements of an employee from a position of pay range in one class to a position or pay range in another class having a lower maximum rate of pay.

Section 9. “Department Head”: Those officers or employees who are appointed or employed as the principal Administrative employee of a department for the discharge of duties provided by law or of particular delegated functions. Department Heads shall notify the Town Manager of the business hours of that Department Head.

Section 10. “Eligible”: A person whose name is on an employment, reinstatement, probation or layoff list.

Section 11. “Classified Employee”: Any person employed by the Town except those excluded by Section 6 of these Rules and Regulations.

Section 12. “Employment List”: A list of names or persons whom have applied for employment in the classified service and have qualified for consideration by demonstrating their fitness for such employment.

Section 13. “Examination:”
A. Open competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class.

B. Promotional Examination: An examination for a particular class, admission to the examination being limited to permanent and probationary employees in the classified service who meet the qualifications for the class.

Section 14. “Overtime work”: With the exception of Police personnel and unclassified employees, those hours of work in excess of forty (40) hours per week for those employees who normally work forty (40) hours per week.

Section 15. “Part-Time Employee”: An employee hired on a basis of less than eight (8) hours per day or less than (40) hours per week.

Section 16. “Performance Report”: The periodic evaluation of an employee’s work reflected on forms prescribed by the Personnel Officer.
Section 17. “Permanent Employee”: An employee who has successfully completed the probationary period and has been retained as hereafter provided in these rules.

Section 18. “Personnel Officer”: The Personnel Officer shall be responsible for the administration of the Personnel Policy. This includes, but is not limited to, interpreting personnel rules and regulations and maintaining employee records. Lacking other appointment, the Town Manager, or a person acting in his absence pursuant to Council action or Code, shall be the Personnel Officer. The Town Manager may appoint an employee who shall remain under his direction as personnel officer, to carry out the administration of this policy.

Section 19. “Personnel Resolution”: Resolution No. 152 which creates a personnel system for the Town of Superior.

Section 20. “Position”: An aggregation of tasks and responsibilities requiring the services of one person.

Section 21. “Probationary Period”: A working test period during which employees are required to demonstrate their fitness for the duties to which they are appointed by actual performance of the duties of the position. Employees are at will during their probationary period.

Section 22. “Promotion”: The movement of an employee from a position in one class to a position in another class having a higher maximum rate of pay.

Section 23. “Provisional Appointment”: An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class subject to successful completion of the probationary period.

Section 24. “Reinstatement”: The reemployment of a former permanent or probationary employee.

Section 25. “Salary or Wage Advancement”: A salary or wage increase based upon satisfactory performance recommended to the Council by the Personnel Officer.

Section 26. “Sick Leave”: Time off with pay granted by the Town to permanent and probationary employees in the event of illness. Probationary employees are credited sick leave at one day per month and are eligible for sick leave pay after completion of six (6) months services.

Section 27. “Suspension”: The temporary separation from the Town service of an employee with or without pay for disciplinary purposes.

Section 28. “Termination”: The separation of an employee from the Town service by any means other than layoff or retirement, whether it is voluntary or involuntary.

Section 29. “Transfer”: A change of an employee from one position to another position in the same class or in a comparable class.

Section 30. “Vacation”: Time off with pay granted to an employee at the convenience of the Town in recognition of service and of the employee’s need for an annual period of rest and recreation.

Section 31. “Complaints”: A complaint is an allegation by a classified employee that, the Town of Superior Personnel rules or the written rules and procedures of any Town Department have been misinterpreted or misapplied as to that employee, or the employee has been discriminated against because of race, color, religion, sex, marital status, and age, and national origin, physical or mental handicap.

Section 32. “Loyalty Oath”: Every officer and employee of the Town of Superior shall take and subscribe the oath of affirmation as prescribed by State Law, including those listed in Section 6 (six) unclassified service.

Section 33. “General Provision”:
1. Delegation of Authority: Unless otherwise stated in these rules, upon approval of the Personnel Officer, authority granted to the Department Head by these rules may be delegated.
2. Availability of Funds: The granting of any compensation in these rules is contingent upon the availability of funds as determined by the Town Council.
3. Conflict with Federal or State Requirements: Any provisions of these rules that conflicts or is inconsistent with state or federal rules, regulations or standards shall not be applicable to any department.
4. Correction of Errors: The Personnel Director may correct a manifest error or clear an inequity affecting an employee or an applicant for employment.
5. Safety: Employees are required, as condition of employment, to observe all safety regulations and requirements given verbally or in writing by the properly constituted authorities. An employee who becomes aware of hazardous work practices or conditions shall immediately advise his or her supervisor of the situation.

Rules II
General Provisions

Section 1. “Fair Employment”: No person shall be appointed or promoted to, or demoted or dismissed from, any position or in any way favored or discriminated against with respect to employment, because of his political or religious opinions or affiliation; nor shall there be any discrimination in favor of, or against, any applicant or employee because of age, race, color, sex, physical handicap or national origin.

Section 2. “Violation of Rules”: Violation of the provisions of these rules shall be grounds for rejection, suspension, demotion, or dismissal.

Section 3. “Amendment and Revision of Rules”: Proposed amendments and revisions to these rules may be suggested to the Town Council through the Personnel Officer by an interested person. The Council may, by resolution, change or modify these rules as may be necessary from time to time. Amendments and revisions to these rules shall become effective upon adoption of an appropriate resolution by the Town Council.
Section 4. “Eligible Employees”: The rules and regulation of this personnel policy shall apply to all employees of the Town of Superior except unclassified employees. Police Department employees shall, in addition, be subject to rules, regulations and general orders adopted by the Council from time to time.

Section 5. “Nepotism”: Nepotism shall be a matter considered by the appropriate review or appointing committee and may be mitigating circumstances in the appointment process. The restrictions set forth in ARS 38-481, as amended or other succeeding statue shall govern any appointment or hiring under this personnel policy.

Section 6. “Mayor”: The Mayor has the authority to call any committee meeting in accordance with State Law.

Section 7. “Resident Preference”: Preference for new positions may be given to qualified residents of the Town of Superior.

Section 8. “Residency Requirements”: All employees are encouraged to establish residency within the corporate limits of the Town of Superior and shall reside within a five mile limit of the corporate limits of the Town of Superior. Any exception to this rule can only be granted upon written petition to and approval by the Town Manager and Town Council.

Section 9. “Retirement”: Retirement at age 62 is optional: The employee may wish to remain employed with the Town of Superior provided he or she passes the physical examination required of other employees.
Rule III
Conditions of Employment

Section 1. “Political Activity Prohibited”: It shall be the policy of the Town of Superior for all employees, classified or unclassified, full-time or part-time, permanent or temporary, to remain free from any political activity in any election, while on duty, while on city premises, or while in an official uniform of the city.

Section 2. “Solicitation of Political Support Prohibited”: No elected or appointed officer or employee of the Town shall solicit any contribution in cash or services from any Town employee to support any candidate for public office.

Section 3. “Physical Examination”: Prior to employment a physical examination will be required at a clinic designated by the Town at the Town’s expense. The physical may include a drug screening test administered pursuant to policy and procedure adopted by resolution of the Town Council. The physical examination requirement shall not be used in any manner to discriminate against the physically handicapped. It shall be applied in a uniform manner and be used solely to determine the ability of the applicant to perform duties of the position, for which he or she has applied, in an effective and safe manner.

Rule IV
Application and Applicants

Section 1. “Announcement”: All positions available in the classified service shall be publicized by posting announcement in the Town Hall on official bulletin boards, by posting announcements in each department, and/or by posting announcements in other conspicuous places within the Town. The announcements shall specify the title and pay of the class for which the examination is announced, the nature of the work to be performed, preparation desirable for the performance of the work of the class, the manner of making applications and other pertinent information. The Arizona Department of Economic Security shall be used for technical assistance. Appointments may be made from a list of eligible persons, without further publication.

Section 2. “Application Forms”: Application shall be made as prescribed on the position announcements. Applications forms shall require information covering training, experience and other pertinent information and may include certificates of one or more examining physicians, references, and fingerprinting. All applications must be signed by the person submitting the application.

Section 3. “Disqualification”: The personnel Officer may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position to which the applicant seeks appointment, is addicted to the habitual use of drugs or intoxicating liquor, has been convicted of a crime involving moral turpitude, has made any false statement of any material fact, or practices any deception or fraud in the application. Defective applications may be returned to the applicant with notice to amend same providing the time limit for receiving applications has not expired.

Rule V
Classification

Section 1. “Preparation of Plan”: The personnel Officer or a person or agency employed for that purpose shall ascertain and record the duties and responsibilities of all positions in the classified service and shall establish a classification plan for such positions. The classification plan shall consist of classes of positions in the classified service defined by class specification, including job titles. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply, with equity, under like working conditions to all positions in the same class.

Section 2. “Adoption, Amendment and Revision of Plan”: The classification plan shall be adopted and may be amended from time to time by resolution of the Town Council. At the time of consideration, any interested party may appear to be heard. Amendments and revisions of the plan may be suggested to the Town Council by an interested party and shall be submitted to the Town Council through the Personnel Officer.

Section 3. “Allocation of Positions”: Following the adoption of the classification of plan, the Personnel Officer, with the advice of the Department Heads concerned, shall allocate every position in the classified service to one of the classes established by the plan.

Section 4. “New Position”: When a new position is created, the classification plan shall be amended to provide therefore, and an appropriate employment list shall be established for such position.

Rule VI
Method of filling vacancies

Section 1. "Type of Appointment": All vacancies in the classified service shall be filled by the transfer, promotion, re-employment, and re-instatement or from eligible, certified by the Personnel Officer, candidates from an appropriate employment list, if available. In the absence of persons eligible for appointment in the Police Department, vacancies may be filled first from qualified volunteers and/or reserves.

Section 2. “Provisional Appointment”: In the absence of there being an individual, on appropriate employment lists, whom is willing to accept appointment, the Department Head may make provisional appointment, with the consent of the Personnel Officer of a person meeting the minimum training and experience qualifications for the position. Upon satisfactory completion of a probationary period, the provisional appointee shall become a permanent employee.

Section 3. “Appointing Officers”: The Town Manager shall be the appointing officer for all Department Heads and all positions under the classified service. All appointments are subject to review within twenty (20) days of the date of notice of such appointment. This review shall be done at the written request of Council only by placing the matter on an agenda of a regular, special or executive session of the Town Council. The appointment shall no longer be subject to review after twenty (20) days of date of notice unless such has been set for a specific date of review. Council has the authority to determine the appointment null and void from date of appointment by the Town Manager; however, any compensation due an employee during that period will be paid.

Rule VII
Probationary Period

Section 1. “Regular Appointment Following Probation Period”: All original appointments and promotions shall be tentative and subject to a probationary period of not less than six (6) months actual service. The probationary period shall be one year for employees in the Police Department.

Section 2. “Objective of Probationary Period”: The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of a new employee to the position.

Section 3. “Rejection of Probationer”: Probationary employees shall be reviewed by the Department Head before being placed as a permanent employee. Probationary employees may be rejected by the Department Head or the Personnel Officer at any time during the probation period without cause and without appeal rights. Notification of the rejection in writing shall be forwarded to the probationer and a copy placed in his file. The reason for rejection, if any, shall not be contained in the notice.

Rule VIII
Attendance and Leave

Section 1. “Attendance”: Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates the Personnel Officer shall specify. Failure on the part of an employee, absent without leave, to return to duty within forty-eight (48) hours after written notice to return has been sent to the employee’s last known address, shall be considered an abandonment of employment by the employee whose employment shall terminate without further action, and such employee automatically waives all appeal rights under these rules.

Section 2. “Annual Vacation Leave”: All employees in the classified service shall be entitled to annual vacation leave with pay except the following:
1. Employees who have served less than twelve (12) months in the service of the Town.
2. Employees who work on a provisional or volunteer basis and all employees who work less than One Thousand Forty (1,040) hours a year.
Upon completion of one (1) year of service, each eligible employee shall be credited five (5) working days of vacation.
In the event one (1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.
Classified Employees who have satisfactorily completed twelve (12) months employment and who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination which remains unused. Employees who terminate prior to this twelve (12) month period shall forfeit paid vacation leave. Departmental scheduling of vacation leave time shall be at the discretion of the Department Head. A Department Head may require vacation leave to be taken in one (1) week increments. Department Heads are encouraged to give the employee’s needs consideration in scheduling vacation leave. Employee seniority shall prevail when selecting vacation dates.

The annual vacation leave policy for Classified Employees is as follows:
1 Year 5 working days
2 - 5 Years 10 working days
6 - 10 Years 15 working days
10 Years or More 15 working days plus one extra per year for service over 20 years.

Vacation leave for Department Heads shall be determined by the Town Manager. Vacation leave for other unclassified employees shall be determined by the Town Council.

Section 3. “Sick Leave”: All Town employees are covered by workmen’s compensation insurance at no cost to the employee. Department Heads are salaried employees and are not entitled to accrued sick leave. In the case of Department Heads whom are sick and can not perform their duties in excess of three (3) days, sick leave with pay shall be at the discretion of the Personnel Officer. In all cases a physician certificate may be required.
Employees who become ill or are injured are entitled to sick leave with full pay depending on the employee’s eligible number of sick days available to that employee. Full-time employees accrue sick leave at the rate of one (1) day per calendar month up to a maximum of thirty (30) days. Sick leave is a privilege granted by the Town so that a serious illness or injury will not impose a great financial hardship on employees. It is not a form of additional vacation leave, and will not be paid in cash upon separation. Misuse of sick leave is cause for disciplinary action as provided in Rule IX of these regulations.
Employees who have exhausted their sick leave may substitute their accumulated vacation leave upon permission of the Personnel Officer.
In order to receive compensation while absent on sick leave, employees shall notify the Department Head prior to or within two hours after the time set for beginning their daily duties. When absent, the employee may be required to file a physician’s certificate with the Department Head stating the cause of absence.
Sick leave may be taken in cases in which an employee’s presence is required elsewhere because of sickness, spousal maternity delivery, disability or death to a member of the employee’s immediate family. The family shall consist of the spouse, children, parents, brother, sister or other individuals whose relationship to the employee is that of a dependent or near dependent.
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.
In each case, the Personnel Officer shall grant such sick leave only when, in the opinion of the Personnel Officer, the relationship of the sick or disabled person to the employee warrants such use of sick leave. In any case in which an employee has been denied sick leave, the Personnel Officer will document the reasons for the decision and insert them in the employee’s personnel file.
When requested, an employee receiving temporary disability payments under the workman’s compensation laws or the Town’s disability policy may use accumulated sick leave and earned vacation in order to continue to maintain regular income. The purpose of this regulation is to ensure that an employee does not suffer an economic hardship as a result of a work related injury; however, the employee should not make a financial gain as a result of injury.

Section 4. “Maternity Leave”: Maternity leave shall be granted for maternity purposes to female employees on the following basis:
1. An employee who applies for maternity leave must submit her request in writing indicating whether or not she intends to return to duty after delivery. She should attach thereto, her physician’s written certificate stating the approximate date on which she will be incapacitated for the full performance of her duties because of pregnancy and stating the expected delivery date.
2. An employee will be expected to work before delivery until she cannot adequately perform the duties of her job or it is no longer safe for her to do so as certified by her attending physician. An employee who intends to return to duty after delivery will be expected to do so as soon as she is physically fit as certified by her physician.
3. The use of paid sick leave for maternity shall be only for the period of time which the employee, herself, is physically disabled and only to the extent that the employee has sick leave accumulated. Paid sick leave solely for the purpose of providing child care shall not be allowed.
4. The employee shall be responsible for providing any physician’s statements as required by the Department Head to determine the commencement and termination period of physical disability.
5. The employee who has indicated that she does not intend to return to duty after delivery will be granted the use of any sick leave to her credit during the periods before and immediately after the actual delivery which can be supported by her physician’s certificate. She will submit her resignation at the time she begins her maternity leave. When she has used the sick leave approved, she will be separated from her duties of employment.

Section 5. “Military Leave”: Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give their supervisors an opportunity, within the limits of military regulations, to determine when such leave shall be taken, Employee shall provide a minimum of thirty (30) days notice of the required leave.

Section 6. “Leave of Absence without Pay”: The Department Head together with the Personnel Officer may grant a permanent or probationary employee a leave of absence without pay for not more than thirty (30) days, which may be extended. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report upon expiration of the leave, or within three (3) calendar days after notice to return to duty shall be cause for discharge.

Section 7. “Leave with Pay”: Leave with pay or partial pay for sufficient cause (including illness) may be granted to permanent employees of the Town upon determination by the Department Head together with the Personnel Officer, up to and including five (5) consecutive working days or ten (10) total working days in any twelve (12) month period. More extended periods of leave with pay may not be granted except by express approval of the Town Council.

Section 8. “Jury Leave”: All classified employees of the Town who are called or required to serve as a trial juror shall be entitled to be exempt from their duties with the Town during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between the full salary and any payment received, except travel pay, for such duty.

Section 9. “Subpoena Leave”: All employees of the Town shall be entitled to be exempt from their duties with the Town when required to appear in court as a witness under a subpoena. If the court appearance is on Town Business, the employee will be reimbursed at full salary for work hours missed.

Section 10. “Miscellaneous Leave”: In cases of special hardships, or in other cases not provided for in these regulations, the Personnel Officer on recommendation of the Department Head may grant short term leaves at full or partial pay. Examples of such leave include but are not limited to:
1. Absence to arrange medical care for a member of the employee’s immediate family.
2. Three (3) additional bereavement leave days may be granted for absence to attend the funeral of a member of the employee’s immediate family.
3. Absence to attend an authorized course of instruction directly related to the employee’s duties.
All such leaves are a privilege, granted solely at the discretion of the Personnel Officer and the approval or denial of a request for such leave is not subject to appeal.

Section 11. “Holidays”: The Holidays to be observed in the Town of Superior are as follows:
New Years Day Martin Luther King/Civil Rights Day
President’s Day Memorial Day
Independence Day/July 4th Labor Day
Columbus Day Veterans’ Day
Thanksgiving Day Thanksgiving Friday
Christmas Day
Within the Police Department, those classified persons required to be on duty on Holidays will have eight (8) hours Holiday pay included in their base pay rate.
Note: When an observed Holiday falls on a Saturday, the preceding Friday shall be observed. When a Holiday falls on a Sunday, the following Monday shall be observed. It should be noted that public safety and other essential service employees may be required to be on duty on Holidays in the interests of the public health, safety, or general welfare in the Town.
Adopted by Resolution No. 347

Rule IX
Discipline

Section 1. Disciplinary actions include: reprimands, admonishments, suspensions, demotions and dismissals.

Section 2. Grounds for such actions include, but are not necessarily limited to the following:
1. Falsification of any part of the application for employment.
2. Chronic absenteeism.
3. Chronic tardiness.
4. Malingering.
5. Insubordination.
6. Conviction of a crime involving moral turpitude.
7. Incompetence in the performance of assigned duties.
8. Prohibited political activities/Municipal Political issues.
9. Favoritism on the part of supervisory employee towards another employee.
10. Discrimination on the part of a supervisory employee against any employee on the basis of race, color, sex, age, physical handicap, place of national origin, political or religious affiliation or personal dislike.
11. Use of, being impaired by, or being under the influence of alcohol or drugs on the job.
12. Violation of safety rules.
13. Causing damage to public property or wasting public supplies due to negligence or willful misconduct.
14. Conduct of a type which will bring discredit or embarrassment to the Town.
15. Being absent from duty without authority.
16. Engaging in outside business activities on city time or using city property for personal use.
17. Abusiveness in attitude, language, or conduct to the public, fellow employees or Town officials.

Rule X
Compensation

Section 1. “Preparation of Plan”: The Personnel Officer, or the persons or agency employed for that purpose, shall prepare a pay plan covering all classes or positions except Town Manager, Town Attorney, Magistrate, Mayor and Council. In arriving at salary rate or ranges, consideration shall be given to the Town’s financial condition and policies and to other relevant factors. As a guide, it is intended that all paid classes and positions shall fall within a “plus” or “minus” of 10% of the mean compensations stated in the latest edition of the “Local Government salary and Fringe Benefit survey” prepared by the Arizona League of Cities and Towns for towns within the population range of 2,000 to 4,999 for all positions for which a clear comparison may be made. The Personnel Officer, or the person or agency employed for that purpose, shall thereafter make such further studies of the pay plan as may be requested by the Town Council.

Section 2. “Adoption of Plan”: The pay plan shall be established and may be amended from time to time.
Pay plans shall be subject to the financial condition of the Town of Superior and may be revoked at any time.

Rule XI
Pay Adjustments

Section 1. “Application of Rates”: Employees occupying a position in the classified service shall be paid a salary of wage established for the position’s class under the pay plan as provided by Rules V and X. The minimum rate for the class generally shall apply to employees upon original appointment. However, the Personnel Officer, when circumstances warrant, may authorize original appointment or reinstatement at other than the minimum rate, with Council approval.

Section 2. “Advancement”: No salary advancement shall be made so as to exceed any maximum rate established in the pay plan for the class to which the advanced employee’s position is allocated. Advancements shall not be automatic, but shall depend upon increased service, performance record, and special training undertaken or other pertinent evidence within the advancement policy established by the pay plan.
Section 3. “Across the Board-Cost of living increases/decreases“: The town Council may from time to time, increase or decrease the whole pay plan by percentage to allow for cost of living increases or reduction in Town revenues. This percentage shall also apply to Department Head salaries as established by the Town Manager.

Rule XII
Overtime

Section 1. “Policy”: It is the Town’s Policy to avoid the necessity for overtime whenever possible. Overtime work may sometimes be necessary to meet emergency situations, seasonal or peak workload requirements, and Department Heads are responsible for the advance planning required to minimize the need for overtime unless authorized. Therefore, if, in the judgment of a Department Head, work beyond the normal work period is required, the Department Head may authorize such work and the employee shall be credited with such overtime credit for each half hour’s work.

Section 2. “Overtime Compensation”: In compliance with established practice, whenever any person employed by the Town, with the exception of Department Heads and Town Manager, is required to render overtime service, that person, at the Town’s option, may be compensated for such excess time at the rate of either.
1. One and one half times of the regular rate pf pay at which such person is employed; or
2. One and one half hour of compensatory time off for each hour worked in lieu of cash payment.

Section 3. “Overtime Requirement”: All overtime or compensatory time shall be taken within the established pay or work period in which the time was earned, and will in no circumstances be accumulated beyond this period.

Section 4. “Personnel Officer Responsibility”: Pursuant to the requirements of this rule, it is the responsibility of the Personnel Officer to record, or cause to be recorded, all overtime and compensatory time accrued by the employees of the Town and along with the Department Heads arrange work schedules to ensure that an employee is given full opportunity to take accumulated compensatory time off work within their established work period.

Section 5. “Police Personnel”: The foregoing provisions of this rule shall not apply to Police Department personnel who shall be subject to a specific overtime program established in compliance with Past Practice and the Fair Labor Standards Act, (FLSA). The chief of Police is responsible for compliance.

Rule XIII
Insurance

Section 1. “Hospitalization Insurance”: Full time employees are covered under the Town’s group insurance program at no cost to the employee. The plan provides health, accident and life insurance coverage. The employee may elect to cover dependents under this program by payment of the cost of such coverage.

Section 2. “Worker’s Compensation Insurance”: Worker’s Compensation provides medical and hospitalization expense benefits for workers injured on the job. All Town employees are covered by this form of insurance at no cost to the employee. Employees qualifying for and receiving Worker’s Compensation may continue to receive their normal rate of pay until their accumulated sick leave and vacation time is exhausted. The Town Manager may extend supplemental pay under special circumstances.

Rule XIV
Transfer, Promotion, Demotion, Suspension and Re-Instatement

Section 1. “Transfer”: No person shall be transferred to a position for which the person does not possess the minimum qualifications. If the transfer involves a change from one department to another, both Department Heads must consent thereto unless the Personnel Officer orders the transfer for purposes of economy or efficiency. A transfer shall not be used to effectuate a promotion, demotion or reduction, each of which may be accomplished only as provided in these rules.

Section 2. “Promotion”: Insofar as consistent with the best interests of the service, vacancies shall be filled by promotion from within the classified service.

Section 3. “Demotion”: The Department Head may demote an employee (a) whose ability to perform required duties fall below standard or (b) for disciplinary purposes. Demotions may be permanent or temporary, at the discretion of the Department Head and Personnel Officer. Written notice of the demotion shall be given to the employee at least three (3) days before the effective date of the demotion. Written notice shall clearly explain the reasons for the demotion.

Section 4. “Suspension”: Department Heads may suspend a subordinate employee for not more than five (5) working days at any one time excluding Police Department Personnel who would fall under rules and regulations explicated by the Police Chief with approval of the Personnel Officer. Suspensions shall be for cause stated in writing to the employee and a copy to the employee’s file.

Section 5. “Re-Instatement”: With the approval of the Personnel Officer and the Department Head concerned, a permanent or probationary employee who has resigned with a good record may be re-instated within ninety (90) days of the effective date of resignation to a vacant position in the same or comparable class. Upon re-instatement, a permanent employee re-instated pursuant to this provision, for all purposes shall be considered as though he had received an original appointment and shall be treated as a probationary employee for ninety (90) days, after ninety (90) days he shall be re-instated to full benefits.

Section 6. “Transfer or promotional Probationary Period”: The transfer or promotional probationary period shall be sixty (60) days, if need be the Department Head may extend this period if the Department Head is unable to complete a performance evaluation due to abnormal circumstances. Should the Department Head extend the period as provided, the Department Head shall give the employee written notice of the extension within the original probationary period.

Section 7. “Pre-Discipline Hearing Prior to Demotion of Suspension”: The Personnel Officer shall schedule a pre-discipline hearing within forty-eight (48) hours of the delivery of written notice to the employee of any demotion or suspension. Should the employee object to the demotion or suspension, the Department Head and employee may present evidence to the Personnel Officer who will decide whether to affirm the proposed action. No reduction in pay or loss of pay shall occur until a decision is made by the Personnel Officer to affirm the proposed action.
Notice of the Pre-discipline hearing shall be given to the employee and Department Head either orally or in writing at least four (4) hours prior to said hearing.

Rule XV
Separation from the Service

Section 1. “Discharge”: An employee in the classified service may be discharged for cause at any time by the Town Manager. Any permanent employee who has been discharged shall be furnished with a written statement of the reasons for such actions and shall be entitled to a hearing if the employee sp requests, as provided in these rules.

Section 2. “Layoff”: The Town Manager or the Personnel Officer together with the Department Head may lay off employees in the classified service because of material change in duties or organization or shortage of work or funds. Lay off in all departments shall be done with consideration given to ability, knowledge, past performance and seniority.

Section 3. “Pre-Discipline Hearing Prior to Discharge”: The Personnel Officer shall schedule a pre-discipline hearing within forty-eight (48) hours of delivery of written notice to the employee of discharge. Should the employee object to the discharge, the Department Head and employee may present evidence to the Personnel Officer whom will then decide whether to affirm the proposed action. Notice of the time and location of the hearing shall be provided to the employee and department head at least four (4) hours prior to same.

Rule XVI
Grievance Procedures

Section 1. “Matters Subject to Grievance Procedure”: Employees in the classified service shall have the right to appeal, under this rule, a decision affecting continuation or termination of their employment over which the Department Head has partial or complete jurisdiction, with the exception of suspensions, demotions or dismissals, which may be appealed directly to the Personnel Board as provided in rule XVIII.

Section 2. “Informal Grievance Procedure”: An employee who has a problem or complaint shall first try to get it settled through discussion with the employee’s immediate supervisor without undue delay. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, the employee shall have the right to discuss it with the Department Head, if any, or the Personnel Officer. Every effort shall be made to find an acceptable solution by informal means at the lowest possible level of supervision.

Section 3. “Formal Grievance Procedure”: Levels of review through the chain of command are listed below. Should the informal procedure fail to resolve the issue, the employee may timely proceed to formal grievance.
A. First level of Review: The appeal shall be presented in writing to the Department Head, within three (3) consecutive days of he alleged incident, which shall render a decision and comments in writing and return them to the employee within three (3) consecutive days after receiving the appeal. If the employee is not satisfied with the ruling of the Department Head, he may file a written statement of his grievance with the Personnel Officer within five (5) consecutive days of receipt of the Department Head’s ruling. Failure of the employee to take further action within five (5) consecutive days after the receipt of the written decision from the Department Head, or within a total of fifteen (15) days of the first submission, of no decision is rendered will constitute a voluntary dismissal of the appeal.

B. Personnel Officer: Upon receiving the appeal, the Personnel Office should discuss the grievance with the employee, and with other appropriate persons. If the Personnel Officer cannot settle the grievance within five (5) days, he shall refer it to the Personnel Board within five (5) days. The Personnel Board may, in their sole discretion, schedule a hearing after reviewing same with the Personnel Officer.
C. Automatic Extension of Time Periods: If the Department Head of Personnel Officer are absent from the Town for any reason during the time periods set forth in A or B, the time periods for that action only shall be tolled until the officer’s return. During said absence, any grievance by an employee shall be filed with the Town Clerk’s office.
D. Copies to Personnel Officer: Should any appeal be taken to the Personnel Officer by an employee under this Section, the employee shall provide the Personnel Officer with copies of his original written grievance and the written decision of his Department Head, if any.

Section 4. “Conduct of Grievance Procedure”:
A. The time limits specified above may be extended to a definite date by mutual agreement in writing between the employee filing the grievance and the Department Head.
B. The employee may retain the assistance of a licensed attorney or personal representative in preparing and presenting an appeal to the Personnel Board.
C. The employee and the employee’s attorney, or personal representative, may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring about and presenting the appeal.
D. An appeal, once dropped through action by the employee or through failure on the employee’s part to timely pursue the grievance, cannot be re-instated.
E. EMPLOYEE’S SHALL BE ASSURED FREEDOM FROM REPRISAL FOR USING THE GRIEVANCE PROCEDURES.

Rule XVII
Personnel Board

Section 1. “Meeting”: The Personnel Board shall hold meetings at such time and place within the Town as may be designated by the Personnel Officer who shall serve as secretary of the Personnel Board. Meetings shall be conducted informally in accordance with the Arizona Revised Statutes and the Personnel Policy.

Section 2. “Duties”: The duties of the Personnel Board shall consist solely of conducting bearings relating to and the rendering of decisions on, matters properly brought before the Personnel Board under the grievance procedures established in Rules XVI and XVIII of these rules.

Section 3. “Hearings”: Hearings conducted by the Personnel Board shall be conducted in private unless the complaining employee requests a public hearing. Said body also shall exclude from any meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the Personnel Board, except for the Department Head and Town Manager. The hearing need not be conducted according to technical rules relating to evidence and witnesses. All hearings shall ve recorded by mechanical or stenographic means.

Section 4. “Personnel Board”: The Mayor and Council shall be the Personnel Board, unless another body has been established as pursuant to Rule I, Section 4, or other resolution by the Council.

Rule XVIII
Rules of Appeal to Personnel Board

Section 1. “Right of Appeal”: Any employee in the classified service shall have the right to appeal to the Personnel Board any disciplinary action, resulting in his suspension, demotion or dismissal.

Section 2. “Method and Timing of Appeal”: Appeals of suspension, demotions or dismissals shall be made to the Personnel Board in writing within five (5) working days of the decision of the Personnel Officer in the Pre-discipline hearing scheduled pursuant to Rule XIV or XV. All such appeals must be served in writing upon the Town Clerk within the required time periods. Failure to timely file any such appeal shall be deemed a forfeiture of any right to same.

Section 3. “Hearings”: The Personnel Board shall schedule a hearing within fifteen (15) working days of receipt of a timely written appeal. Said hearing shall be conducted as provided in Rule XVII.

Section 4. “Findings and Recommendations”: The Personnel Board shall, within five (5) days after the conclusion of the hearing, certify its written findings and recommendations, with a copy to the appealing employee. The findings and recommendations shall be final. Any finding of cause and, form of discipline shall e at the Board’s discretion and shall be final as to any employee. Further, same shall not be subject to review.

Rule XIX
Training of Employees

Section 1. “Responsibility for Training”: The Town Council encourages the training of employees. Responsibility for developing training programs for employees shall be assumed jointly by the Personnel Officer and Department Heads. Such training programs may include lecture courses, demonstrations; assignment of reading matter of such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performances of their respective duties.

Section 2. “Safety Training”:
1. The Town of Superior seeks to provide a safe working environment for its employees, utilizing occupational safety and health administration (OSHA) standards as a guide.
2. The Personnel Director shall appoint a Safety Director and be responsible for the overall administration and coordination of the safety program.
3. One Town employee will be designated as a Safety Officer to assist the Personnel Officer.
4. Supervisory personnel have the responsibility for ensuring that the employees under their supervision are aware of and observe all safety rules pertaining to their duties.

Rule XX
Reports and Records

Section 1. “Roster Cards”: The Personnel Officer shall maintain a file for each employee in the service of the Town showing the name, title of position held, the department to which assigned, salary, changes in employment status and such other information as may be considered pertinent. If the employee moves or changes marital status, number of dependants, telephone number or name, the employee should contact his immediate supervisor and the Personnel Officer at once.

Section 2. “Employee Records”: It is the policy of the Town of Superior to keep employee personnel records confidential in the best interest of each employee. Employee records that are considered public records are available to anyone with an appropriate appointment and request. These records include such information as an employee’s name, date of hire, classification, grade, present rate of pay and duties performed. Information obtained for business use and contained in the personnel files is not a matter of public record and should not be generally accessible to everyone. Employee personnel records maintained by the Town should be accessible to the following:

1. The employee for review of his or her own individual personnel file. (This should be by pre-arranged time and would not include removing records from the office. Employees may request copies from their personnel file; however, they then assume responsibility for the confidential nature of their files.)
2. Personnel Board members only when reviewing an employee grievance, and only information pertaining to grievance.
3. Personnel records that are subpoenaed.
4. Any person or organization that received a signed written release statement from the employee whose records are in question.
5. Department Heads, within his/her department only.
6. All original personnel records shall be filed in the Town Hall and shall be considered as official files.

Rule XXI
Affirmative Action

For the purpose of the Town of Superior, and affirmative action program shall mean analyzing the methods, procedures and results of the personnel actions to determine whether otherwise qualified workers have been excluded for reasons of race, religion, age, sex, physical handicap, color, national origin or political or religious opinion or affiliation. In doing so, it means taking every appropriate corrective action to bring about equal opportunity in employment.

Section 1. “Responsibilities”: The Town of Superior shall initiate the following responsibilities necessary to facilitate implementation of the affirmative action program.
The Personnel Officer:
A. Shall maintain a continuing review of all rules and regulations of the Town’s personnel system so as to detect any illegal or improper impediments to the employment or advancement of minority groups, women or qualified handicapped persons.
B. Review and evaluate operations periodically and obtain reports necessary to determine the overall status of the Town’s equal employment program.
C. Develop and implement a system for gathering statistical information on women and minority groups showing their progress in moving into middle and upper level positions in this agency.
D. Promote rules and regulations which provide for prompt, fair and impartial consideration of any complaint of discrimination.
E. Develop and implement and information program designed to inform the general public, handicapped persons or groups, minority group organizations and women organizations of the equal employment policy and program effort.

Policy against Harassment
Adopted by Resolution No. 250

Section 1. “Commitment”:
The Town of Superior, consistent with its commitment to provide equal employment opportunities, opposes any form of employee harassment, including sexual harassment, harassment based upon race, gender, national origin, religion, age or disability. Such harassment will not be tolerated because it prevents the Town from maintaining an acceptable work environment.
A. Sexual Harassment. Sexual Harassment is defined as any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when;
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals
OR
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
B. Other Harassment. Any conduct which has the purpose or effect of unreasonably interfering with an individual’s work performance or creating any intimidation, hostile, or offensive work environment, based on that individual’s race, gender, national origin, religion, age or disability, is also unlawful and will not be tolerated.
C. Education. The Town Manager shall be responsible for formally notifying all employees, department heads, elected or appointed officials, volunteers, and contractors/vendors of the existence of this policy. The Manager shall conduct training on the topic of offensive behavior/harassment, on at least an annual basis, and attendance will be mandatory for all employees and will be offered to elected or appointed officials and others.
1. The Personnel Director shall include in the orientation program for new employees a discussion of the subject of harassment and each new employee shall be provided a copy of this Policy. All training, orientation and retraining shall be formally documented by the Personnel Director and records shall be retained in the individual’s employment file, as well as the Personnel Director’s training file.
D. Implementation. The Manager and all department heads are responsible for creating a productive work environment in which offensive conduct or harassment is completely out of place, taking immediate and appropriate corrective action in response to any confirmed violation of this policy, and assuring that no reprisals are taken against those who complain or against corroborating witnesses.

1. The Personnel Director shall distribute copies of this Policy to all elected officials, department heads, and employees, and shall post the Policy in work areas. The Personnel Director shall further insure that notice to employees for worker’s compensation has been properly posted, including the employee’s notice of rejection and notice to revoke rejection of Arizona worker’s compensation law. Records shall be maintained documenting compliance with this provision, and all other applicable provisions of the law.
E. Enforcement. The Town is committed to thoroughly investigate each complaint and take immediate and appropriate corrective action a\on all confirmed violations of this policy. The Town Manager is responsible for auditing the operation of this policy, providing counsel, and resolving any unsettled questions which may arise from this policy. The Town Manager, the appropriate Department Head, or the council is responsible for thoroughly investigating and resolving any complaints.

Section 2. “Reporting Possible Harassment”: Any employee who feels that he or she has been harassed should immediately contact either the head of the department in which he or she worked, the Personnel Director, the Town Clerk or Manager to report the situation. If the employee desires investigation, he/she shall complete the complaint form attached to this policy.
All other employees, including supervisors or directors who become aware of possible harassment of an employee, either as a result of having received a complaint directly from the employee or from any other reliable source of information, or from his or her personal observations, should report the situation to the Personnel Director or the Manager. To insure an employee is free to lodge his/her complaint, the chain of command will not be strictly enforced for such complaints.
Improper harassment and offensive conduct can include, but is not limited to,

Racial, ethnic, sexual or religious insults or slurs;
Unwelcome sexual advances or unauthorized touching;
Sexual, ethnic or racial comments, jokes stories or innuendos;
Display of sexually or racially explicit or otherwise offensive posters, calendars or materials;
Physical or mental abuse;
Requests for sexual favors used as a condition of employment or affecting any personal decision such as hiring, promotion, compensation or termination;
Making sexual gestures with hands or body movements;
Intentionally standing close or brushing up against another employee;
Inappropriately staring at another employee or touching his/her clothing, hair or body.
Whistling at another employee, or cat calls;
Asking personal questions about another employee’s sexual life;
Repeatedly asking out an employee who has stated that she/he is not interested.

Section 3. “Investigation”: The Town Manager shall be responsible for overseeing the investigation of any complaint of harassment unless he/she is the object of the complaint. In such case, the Mayor and Council may appoint a person to conduct the investigation. The goal will be to investigate any such complaint promptly and thoroughly. Furthermore, to the extent possible, a harassment complaint, as well as the investigation of any such complaint, shall be kept confidential. Following the investigation, the Town Manager, or other investigation, shall take (or recommend) appropriate corrective action on all violations of this policy against harassment.
The investigator shall complete an internal investigation form to insure proper record is maintained. A written procedure for investigation and resolution of a complaint shall be prepared to assist the investigator and shall be available in the Personnel Director’s office. The Personnel Director shall establish the procedure and provide copies for all department heads and the Town Manager within thirty (30) days of adoption of this Policy.

Section 4. “No Reprisals”: No reprisals of any kind by any employee or supervisor shall be taken against an employee because that employee has asserted a complaint or against any witness because that individual has reported or has assisted in any way in the investigation of a harassment complaint.

Section 5. “Penalties”: Any violation of this policy will result in appropriate discipline being taken; the appropriate action to be taken necessarily will depend on consideration of all the circumstances in a particular situation.

Alcohol and Drug abuse Policy

Section 1. “Statement of Purpose”: Employees are the Town of Superior’s most valuable resource and their health and safety is therefore a serious concern. The Town of Superior will not tolerate any drug or alcohol use which imperils the health and well-being of its employees or threatens its business.
The use of illegal drugs and abuse of other controlled substances, on or off duty, is inconsistent with law abiding behavior expected of all citizens. Employees who use illegal drugs or abuse other controlled substances or alcohol, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potential for increased cost, delay and risk in the Town’s business. Ultimately, they threaten the Town’s competitiveness.
Furthermore, employees have the right to work in an alcohol and drug free environment and to work with persons free from the effect of alcohol and drugs. Employees who abuse alcohol or drugs are a danger to themselves and to other employees. In addition, alcohol and drug abuse inflicts a terrible toll on the nation’s productive resources and the health and well-being of American workers and their families.
The Town of Superior is therefore committed to maintaining a safe and healthy workplace free from the influence of drugs and alcohol. In addition, the Town of Superior will vigorously comply with the requirements of the Drug-Free Workplace Act of 1988. Violations may endanger federal grant funds.
Violations of the Town of Superior’s Alcohol and Drug abuse Policy will result in disciplinary action up to and including termination. Employees must abide by the Town of Superior’s Alcohol and Drug abuse Policy as a condition of employment and report any conviction under a criminal drug statute for violations occurring on or off the Town’s premises while conducting Town business. A report of a conviction must be made within five (5) days after the conviction.

Section 2. “Drug Free Awareness Program”: To assist employees and their families to understand and to avoid the perils of alcohol and drug abuse, the Town of Superior has developed a comprehensive Drug-Free Awareness Program. The Town will use that program in an ongoing educational effort to prevent and eliminate alcohol and drug abuse which may affect the workplace. The Drug-Free Awareness Program will inform employees and their families about:
1. The dangers of alcohol and drug abuse in the workplace.
2. The Town’s Alcohol and Drug Abuse Policy.
3. The availability of treatment and counseling for employees who voluntarily seek such assistance.
4. The sanctions the Town will impose for violations of its Alcohol and Drug Abuse Policy.

Section 3. “Substance Abuse as a Medical Problem (Mandatory)”: The Town of Superior recognizes that substance abuse is a medical problem which can be successfully treated. Almost all substance abusers deny they have a problem, however, and ordinarily do not seek treatment voluntarily. This denial is the single most significant obstacle to successful treatment.
Recognizing this reality, although the Town of Superior encourages voluntary alcohol and drug abuse treatment, the Town will take strong action against employees who do not seek treatment on their own. This strong action is designed to break through the denial behavior and convince substance abusing employees of the need for treatment.

Section 4. “Authorized Use of Prescribed Medicine”: Employees undergoing prescribed medical treatment with any drug which may alter their behavior or physical or mental ability must report this treatment to the Town Manager, in writing (confidential), who will determine whether the Town should temporarily change the employee’s job assignment during the period of treatment. Employees must keep all prescribed medicine in its original container, which identifies the drug, date of prescription, and prescribing doctor.

Section 5. “Arrest of Conviction under Criminal Drug Statute”: Employees must notify the Town Manager within five (5) days of any arrest or conviction of a criminal drug statute. The Town of Superior reserves the right to further investigate the details of an arrest or conviction.

Section 6. “Prohibitions (Mandatory)”: The following are strictly prohibited:
1. Use, possession, manufacture, distribution, dispensation or sale of illegal drugs or drug paraphernalia on Town premises or while involved with Town business, in Town supplied vehicles or during working hours;
2. Unauthorized use or possession, or any manufacture distribution, dispensation or sale of a controlled substance on Town premises or while on Town business, in Town supplied vehicles or during working hours;
3. Use, possession, manufacture, distribution, dispensation or sale of alcohol on Town premises or while on Town business, in Town supplied vehicles, or during working hours;
4. Storing in a locker, desk, automobile or other repository on Town premises any illegal drug, drug paraphernalia or any controlled substance whose use is unauthorized;
5. Being under the influence of an unauthorized controlled substance, illegal drug or alcohol on Town premises or while on Town business, in Town supplied vehicles, or during working hours;
6. Use of alcohol off Town premises that adversely affects the employee’s work performance, his own or others’ safety at work or the Town’s regard or reputation in the community;
7. Use, possession, manufacture, distribution, dispensation or sale of illegal drugs off Town premises that adversely affects the employee’s work performance, his own or others’ safety at work or the Town regard or reputation in the community;
8. Switching or adulterating any urine or blood sample given for testing;
9. Refusing to submit to a test when requested by the Town Manager or his/her designee;
10. Failing to adhere to the requirements of any drug or alcohol treatment or counseling program in which the employee is enrolled;
11. Conviction under any criminal drug statute for a violation occurring in the workplace
12. Arrest or conviction under any criminal drug statute under circumstances which adversely affects the Town’s regard or reputation in the community;
13. Failure to notify the Town of any arrest or conviction under any criminal drug statute within five (5) days of the arrest or conviction;
14. Failure to report to the Town Manager the use of a prescribed drug which may alter the employee’s behavior or physical or mental ability;
15. Refusing to sign a statement agreeing to abide by the Town’s Alcohol and Drug abuse Policy.

Section 7. “Testing”:
A. The Town of Superior may require any employee or potential employee to pass a blood, breath, urine, hair and/or other testing as a condition of initial or continued employment.
B. Upon adoption of this Policy, all employees whether full or part-time, shall be tested. Thereafter, the Town Manager shall commence a program which requires such testing as a condition before new employees are hired. The Manager shall also institute a program of random testing of all continuing employees to insure compliance with this Policy. All employees are required to submit to periodic and random testing established by the Manager.
C. In addition to random testing, whenever the Town of Superior suspects that an employee’s work performance or on -the-job behavior may have been affected in any way by alcohol and/or drugs, or that an employee has otherwise violated this Policy, the Town of Superior may require the employee to submit a urine, breath, hair and/or blood sample for testing. This test must be taken within five (5) days of an employee’s receipt of a written notice requiring the test to be taken. An employee whom tests positive for alcohol and/or drugs as a result of such a test will be in violation of this Policy. Test results shall be made available to the employee within twenty-four (24) hours of receipt of the results, and shall be maintained as part of the employee’s personnel file in a confidential manner.

Section 8. “Inspections”:
A. Whenever the Town of Superior suspects that an employee’s work performance or on-the-job behavior may have been affected in any way by alcohol or drugs, the Town of Superior may search the employee, the employee’s locker, desk or other Town property under the control of the employee.
B. Whenever the Town of Superior suspects that an employee has sold, purchased, used or possessed alcohol, drugs and/or drug paraphernalia on the Town of Superior premises, the Town may inspect the employee, the employee’s locker, desk or other Town property under the control of the employee.
C. Each employee consents to searches by accepting or continuing in the Town’s employment after adoption of this Policy.

Section 9. “Consequences for Violation of this Policy”:
A. Violation of the Town of Superior’s Alcohol and Drug Policy may result in severe disciplinary action, including discharge for a first offense, at the Town’s sole discretion.
B. The test results shall be maintained in confidence until they are disclosed to the employee. In case of a positive test, the employee shall be given an opportunity to explain the results. The discipline applied shall be at the sole discretion of the Manager or personnel officer.

C. Should an employee acknowledge drug or alcohol abuse prior to testing, the Manager may arrange for counseling and treatment at the employee’s expense. Acknowledgement prior to testing shall also be considered in any decision on discipline, if any, to be applied.

Section 10. “Counseling”: In addition to, or as part of, any disciplinary action the Town may, in its sole discretion, through its Town Manager, refer an employee for assessment, counseling, and referral to a treatment program for alcohol or drug abuse at the employee’s expense. Employees referred by the Town must immediately cease any alcohol or drug abuse and must comply with all other conditions of the treatment and counseling program. Employees who undergo counseling and treatment for substance abuse and who continue to work must meet all established standards of conduct and job performance. Employees referred as a result of a positive test must immediately cease any alcohol of drug abuse, must subject themselves to periodic, unannounced testing for a period of twenty-four (24) months, and must comply with all other conditions of the treatment and counseling program. The Town of Superior will promptly terminate any employee who tests positive for alcohol or drugs while undergoing required counseling and treatment for alcohol or drug abuse, or who tests positive on a periodic unannounced test for alcohol or drugs during the twenty-four (24) month period following completion of the rehabilitation program.

Section 11. “Condition of Employment (Mandatory)”: Compliance with the Town of Superior substance abuse policy is a condition of employment. Failure or refusal of an employee to cooperate fully, sign any required document or follow any prescribed course of substance abuse treatment will be grounds for termination. No person shall be employed who has failed a pre-employment test.

Section 12. “Reservation of Rights”:
The Town of Superior reserves the right to interpret, change, rescind or depart from this Policy in whole or in part without notice. Nothing in this policy alters an employee’s status.