HAI gnu?H- ?rir? -- WAIVER. AND RELEASE AGREEMENT This Waiver and Release Agreement (?Agreement?) is between Anthony Kern the undersigned Employee (referred to as ?you? or ?your?) and The City of El Mirage (?the and shall inure to the bene?t of other persons and entities as set forth below. Section A - Separation Your separation from the CITY is effective November 7, 2014. You acknowledge that you have received all compensation to which you are entitled, including but not Innited to, wages and accrued vacation pay, PTO pay, sick pay, commissions, or bonuses to which you are entitled to by the CITY policy. You also acknowledge that you are not aware of any fact that would support a claim for unpaid wages under the Fair Labor Standards Act or the Arizona Minimum Wage Act as all compensation has been paid to you. i Section - Consideration The CITY shall as consideration for your release and promises set forth in this Agreement pay you additional compensation that you would not be entitled to otherwise. The CITY, in entering this Agreement, does not admit that it is legally obligated to make any payment and denies that it is responsible or legally obligated for any claims or that it has engaged in any improper conduct or wrongdoing. Employee in entering this Agreement does not admit to any wrongdoing whatsoever. You shall receive a gross lump sum payment of seven-thousand dollars ($7000). The CITY will report this payment on a 1099. You agree to complete form and provide to the CITY prior to payment. CITY agrees to deliver payment to Kern on or before nine days after he signs this Waiver 35 Release subject to the provisions of Section Enlo. In addition, as additional consideration for this Agreement, the City will: 1. Accept your voluntary resignation effective November 7, 2014, 2. Code your resignation as a voluntary resignation and speci?cally not code your resignation as a resignation in lieu of termination or any similar code, 3. Waive the $454 you owe to the CITY for the misplaced Motorola Koorn equipment, 4. If contacted by the media or public about yew: separation of employment the City will only respond that ?you voluntarily resigned,? 5. If contacted for an employment reference, the City will provide a neutral reference except for inquiries pursuant to Arizona. Code Rule 13.4 (et. seq.) under the authority of Arizona Revised Statute ?41~1322 (1) (et. seep), 6. The City will provide you a neutral reference letter that will includes dates of employment and your title, and states you voluntarily resigned. Section General Release of the CITY and CoVenant Not To Sue In consideration for the payment set out in Section show, you agree to forever, unequivmally, and unconditionally release ?ora and covenant not to sue or assert against the CITY and all of its related entities, directors, members, trustees, of?cers, current and former employees, agents, insurers, attorneys, predecessors, successors, and assiguees (the CITY and all the foregoing other persons and entities are referred to collectively in this agreement as the ?Releasees? any and all causes of action, whether at law or in equity, pertaining to or arising from the employment relationship ofthe parties and the separation of such employment relationship based in whole or in part upon any act or omission occurring on or before the date of this Agreement, whether negligent or intentional, without regard to your present actual knowledge of the act or omission. Included in this Agreement is your speci?c agreement to drop your August 20, 2014, appeal of your separation of employment and not to sue or assert any claims regarding your separation of employment. Employee will instruct his counsel to withdraw the public records request that were sent to the City of El Mirage on August 25, 2014. The Agreement does not affect your right to ?le a charge with or participate in an investigative proceeding before the Equal Employment Opportunity Conunissicn, state civil rights agency, or another federal, state, or local government agency or to communicate or cooperate with any such agency in its investigation, none ofwbioh shall constitute a breach of this Agreement. However, you are expressly waiving your right to any relief} recovery, attorneys? fees, or other monies in connection with any such complaint, charge, or proceeding brought against the Releasees, regardless of who ?led or initiated any such complaint, charge, or proceeding. In the event you make a claim, the City may defend against that claim, this agreement notwithstanding. Causes of action as used in this Section shall mean all claims, causes, judgments, darnages, losses, liabilities, and demands of any kind and nature whatsoever, whether intentional or negligent, known or unknown in law or in equity, individually or as part of a class action, occurring on or prior to the date of execution of this Agreement, arising under any constitution, federal, state, or local law(s), including but not limited to: 1. All claims or demands, directly or indirectly, relating to or arising out of your employment: relationship with the CITY, and the separation of that relationship; 2. All claims for violation of any federal, state or municipal statute, including but not limited to: Title VII of the Civil Rights Act of 1964, as amended; the Family and Medical Leave Act; the Americans with Disabilities Act; the Arizona Civil Rights Act; the Arizona Employment Protection Act; the Arizona Constructive Discharge Act; the AriZona Medical Marijuana Act; enhancers: 3. All claims arising from any theory under common law such as breach of contract, express or implied, promissory estoppel, detrimental reliance, wrongful discharge, tortious mterference 2 contract rights, infliction of emotional distress, and defamation, excepting only vested retirement bene?ts (if any), COBRA rights, unemployment compensation, and workers? compensation; 4. All claims for violation of any federal, or any state, constitution, law, or statute; 5. All claims arising out of any other laws and regulations relating to employment or employment discrimination, including claims arising under conunon law including any tort, contract, or equitable theory; and 6. All claims for attorneys? fees and costs. Section ADEA and Older Workers Bene?t Protection Act Release In addition to the General Release contained in Section G, you knowingly, voluntarily, and irrevocably discharge and release Releasees and each of them from any claims arising under the ADEA. You acknowledge that you have been informed pursuant to the federal Older Workers Bene?t Protection Act of 1990 that: 1. You are advised to consult with an attorney before signing this Agreement. 2. You do not waive rights or claims under the federal Age Discrimination in Eniployment Act that may at'iSe after the date this Agreement is executed. 3. You have twenty?one {21) days ?out the date of receipt of this Agreement to consider this Agreement. You salmowledge that if you sign this Agreement before the end of the twenty-one-day (21) period, it will be your personal, voluntary decision to do so and that you have not been pressured to make a decision sooner. 4. You have seven (7) days after signing this Agreement to revoke the Agreement, and the Agreement will not be effective until that revocation period has expired. If mailed, the reacission must he postnarked within the sevenuday period, properly addressed to Sandy King, Human Resources Director, 12145 NW Grand Avenue, El Mirage, AZ 85335 . This agreement shall not be effective or enforceable, and no payments or bene?ts under this Agreement shall be provided to you, until after the seven (7) day revocation period has expired. You understand that you will not receive any settlement payment if you void your signature or revoke this Agreement. Section Miscellaneous 1. Severabilitg. Should any clause or provision of this Agreement he declared illegal or unenforceable by a court of competent jurisdiction, and cannot be modi?ed to be enforceable, such provision shall be null and void, leaving the remainder of this Agreement in full force and effect. 2. Receipt of Agreement. You aclotowledge that you received this Agreement on December 26, 2014. 3. No Obligation to Hire. You agree that the City and any related or affiliated entities have no obligation to consider you for fame employment and can te1minate your employment if you become employed with The City. lpdempjijcation. You acloiowledge and agree that you are responsible for state, local, and federal tax liability, if any, associated with the payment you receive pursuant to the terms of this Agreement. You will indemnify and hold harmless the City from any tax liability, costs, penalties, or exp ease, pertaining to any amounts owing by you, arising from the taxation, if any of any amounts received by you pursuant to this Agreement. Entire Agyeement. This Agreement repreSents the entire agreement and understanding between you and the CITY, your employment with and separation from the CITY and the events leading thereto and associated therewith, and supersedes and replaces all prior agreements and understandings concerning your relationship with the CITY. This Agreement cannot be amended unless said amendment is reduced to writing and signed by you and an authorized representative of the City. Con?dentiality of Agreement. You agree to keep this Agreement con?dential and will not disclose the existence or the terms of this Agreement to anyone except to your immediate family, accountants, legal or financial adyiScrs, as part of an investigation or prooeeding conducted by the Equal Employment Opportur?ty Commission, state civil rights agency, or as otherwise appropriate or necessary as required by law or court order. To the extent that Employee does disclose the existence or terms of this Agreement to his hornedlate family, accountants, legal or ?nancial advisers, Employee agrees to advice them that they must not disclose the existence or terms of this Agreement to any person or entity. You also agree that should you be asked about the ongoing untrue of your disputed separation of employment with the CITY or the terms ofthis Agreement by any other individual(s), you will answer, ?the issue was dropped with a con?dentiality agreement.? The City may respond to any improper disclosures of this Agreement by Employee, Employee?s immediate family, accountants, legal ?nancial advisor or any other party improperly disclosing the existence of this Agreement. Choice of Law. This Agreement is entered into by you and the CITY within the State of Arizona and shall be interpreted in accordance with the laws of the State of Arizona without regard to its conflict of law provisions. Venue is to be Marisopa County. Binding Effect. This Agreement is binding on the heirs, successors, and assigns of you and the CITY. Countemaits. This Agreement may be executed in counterparts, and each counterpart shall have the same force and effect as an original and shall constitute a binding, effective agreement on the part of each of the undersigned. 18:23 SB2-S7BHE436 FEDEX OFF ICE 2305 PAGE BEIGE 10, I have eezeft?ly read the above and I execute it voluaite?ly, fully Imderstanding and ancepting the provisions of this Agreement in its en?xety and wimout resenra?on after liming had suf?cient time and oppoztuoity to consult with my legal advisers 13110:: to exeeu?ng ?mis Agreement. I have been advised to consult with 911 attorney prior to executing this Agreement. In agreeing to sign this Agreement, I have not relied on any statements or explanation made by the CITY. Ihave had at least mwuone (21} days in consider this Agreement. I understand em if]: do not team this Agreement signed by me to the CITY upon "the expiration of the meaty-one day consideration period, this o??ea- will expire. I understand that I may revoke and came] ?ee Agreement within seven (7) days a?er signing it by sewing written notice upon the CITY. Date Date /Az? ?g Date/?V! res/x egal Counsel for the City Dete Clty Of Human Resources EL 12145 E1 mags 853,35 Arizona eras-876.2942 Fax TDD gas?9334253 GRAND HERITAGE, BRIGHT mcigrofekniragcmg January 26, 2015 TO WHOM IT MAY CONCERN: This is to con?rm that Mr. Anthony Kern was employed as a Code Enforcement Of?cer for the City of El Mirage from March 21, 2005 through November 7, 2014 at which time he voluntarily resigned. Sincerely, tom?GP, SPHR Sandra Human Resources Director City 0 111mm Resources 12145 NW Grand Avenue, El Mirage ?53.35 EL 623-876-2949; Fax 623-876-4604; TDD 623-913-3258 Arizonu may/ofcltuimge?rg 610] ND HERITAGE. August 18, 2014 Mr. Anthony Kern Dear Anthony, This letter will provide you with information concerning your status and bene?t information following your separation from the City of El Mirage e?ective August 14, 2014Final Paycheck: Your ?nal notice of deposit will represent regular pay plus accrued vacation through August 14, 2014. Your ?nal notice of deposit will be issued thru direct deposit and available on the next pay date of August 21, 2014. Medical, Dental, and Vision Coverage: Your coverage for medical, dental and vision is effective through August 31, 2014. You are eligible, through the Consolidated Omnibus Budget Reconciliation Act (COBRA), to extend your current group insurance coverage beyond that date for your coverage by paying the premium for a minimum period of up to eighteen (18) months. You will receive information from our COBRA Administrator under separate cover which will outline the premium costs as well as information regarding your rights under COBRA. Life Insurance: You may convert your Life and AD coverage to individual policies. You must apply for conversion coverage within 31 days after your coverage ends. Contact Standard Life Company at 1-800-628-8600 for additional information. Arizona State Retirement System: You will need to contact ASRS directly to ?nd out your options for retirement bene?ts at (602) 240?2000 or 1(800) 621-3778. You may also access information at the Arizona State Retirement System website: Nationwide Retirement Solutions: You are enrolled in the 457 Deferred Compensation plan you must contact Nationwide in regards to your account options. Contact Matt Gayman, the Account Representative at (602) 316-4329; or visit their website at ADP Website: You may continue to access your account at in order to print your W-2, Wage and Tax Statement. ADP access will be granted through June 30th following the year after the termination date. City of Human Resources 7 12145NWGrandAvcnue EIMimgc 85.335 EL MIRAGE 623-876-2949; Fax 62.3 -8 7 6-4604; TDD 6235-5133-3258 Arizona GRAND HERITAGE, Please notice that we have not deducted the balance owed to the City which is $454.00. However, it is still an amount that you owe to the City. If you have any questions, please feel free to contact Dawn Hailey, HR Manager at (623) 876-2945. Sand '21 King, I A-CP, SPHR Human Resou es Director PERSONNEL ACTION FORM Kern. . Anthony $11 419518 . ninem??q- sm??s? . i . Elna-w??- 03/21/2005 ,Jn $315212 ?8 .. b5 REE: '7 .1 Code Enforcement omcer I Police Er . . Termmatton f3 8/14/2014 2::ug . 3% 4 0? 'Bene?t Deductions: . 1-50.30? 5 El Instructions R??uld?hoursgperJimeoheet. I?Siok -- if ?Catnip (Hob lhrif"; .??iiza ?hf-7 .uL' Ma"; undue ?aw: CC: Employee Department Head Personnel File Revised: 05/29/14 Portal Integration Page 1 of 1 Support Comony Directory Log Off Edit page content Ion 'Seamh Comp-2.1; . Practitioner Home HR 8. Bene?ts Payroll Time Attendance Recruiting Staf?ng I Reports Employee ?g 4 Kern. Anthony ESEEWQ To-Dahe Accumulation8"' Gross Pay and Taxes Accumulator: Allowed and Taken Doductlon Goals All amounts are as of 08-05-2014, payroll week 32: Find a code: Find 6 Found 1 - 5 Rows per page: H10 Add New To-Dato Adjustments No.8 Code Allowed Taken Balance Adjustment Type Allowed Take 3 2 59mm 14.25 14.25 0.00 4 Personal 8.00 8.00 0.00 1 Sick 562.50 44.00 518.50 7 SL1 ?Qeci le 32.00 32.00 0.00 2 1 Vacation 69.80 19.50 50.30 ~vf?v?q ?gee?mmatt?ah?oa'ng .lnc. Privacyl Legal City of . EL MIRAGE Arizona GRAND TA GE. 3316!! FUTURE: Police- Department 12401 West Chamber-Avenue, E1 AZ 85.3.35 023.500400a 623033-1341; Fax ear-5006001 TDD 623?935-5253? wow. MEMORANDUM TO: Anthony Kern, Code Enforcement Of?cer #1716 FROM: Steven W. Campbell, Police Chief ,4 ,3 I ?aww ?ay/4'45? SUBJECT: Notice of Termination DATE: August 14, 2014 The purpose of this memorandum is to inform you of my decision following the Disciplinary Hearing (?Meeting?) on Wednesday, August 13, 2014, at 1:30 PM. While you take responsibility for your actions which led to the investigation of these events, it does not mitigate the fact that you failed to follow through on a ?nancial obligation with the City and misled'your supervisor when asked about the progress ofthe agreement. - As a result, I have determined it is appropriate to proceed with the recommended termination of your employment effective at the end of your regular shift on August 14, 2014. This action is based upon the following allegations, incidents and policy violations. Allegations On Wednesday, May 28, 2014, Administrative Investigation #14-006-31 commenced to examine details surrounding two (2) misconduct allegations. 1. Between February 2013 and June 2014, Mr. Anthony Kern did not make all payments required by an agreement with the City of El Mirage Police and Finance Departments regarding the loss of a piece of City equipment that was assigned to him. 2. Between February 2013 and June 2014, Mr. Anthony Kern did not keep his supervisor, Sergeant Craig Cormier, properly informed of his failure to repay the City for the lost equipment. Kern misled his supervisor into believing he was making payments?, when he was not. The investigation resulted in two sustained allegations of misconduct. According to El Mirage Police Department Operations Order 5. 01, Misconduct Investigations, the definition of sustained is, "The allegation is supported by suf?cient evidence to justify a reasonable conclusion that the alleged misconduct occurred.? Incidents Between February 2013 and June 2014, you failed to ful?ll a ?nancial agreement to repay the City of El Mirage for the loss of a piece of City equipment. The agreement was established between you and the City of El Mirage Police and Finance Departments for a total amount owed to the City in the amount of $659.00. This was to be repaid to the City in $25 increments. However, you only made one payment of $25.00 during the period in question. In addition, when your supervisor Sergeant Cormier asked you about the status of the repayment, you misled him by stating that you were taking care of the financial obligation, when in fact you were not. Policy Violations Based upon the information gathered through the administrative investigation, the following policies have been violated (see attached policy excerpts): 1. City of El Mirage Personnel Policy 5.5.B, Grounds for Disciplinary Action, which states in pertinent part: 0 The employee has violated an of?cial regulation or order, has failed to obey any reasonable directions given him/her by the supervisor or other responsible City Of?cial, or has violated any provision of this Personnel Manual. (Allegation 1) The employee has provided false or misleading information in any document, report, or statement" related to his or her employment with the City. (Allegation 2) 2. City of El Mirage Police Department Operations Order 1.02, Rules of Conduct (11.6.30), . which states in pertinent part: a Personal Conduct Employees shall not engage in acts which are subversive to the good order and discipline of the Department, or acts which tend to bring discredit to the Department, even though such conduct is not speci?cally set forth in these rules. (Allegation 1) 3. City of El Mirage Police Department Operations Order 1.02A,Truthfu1ness, which states in pertinent part: 0 It is the policy of the Department to require absolute truthfulness from every employee, when questioned by a supervisor, an administrative investigator, criminal investigator, or a polygraph examiner, regarding any subject, at any time, that is related to job responsibilities, job performance, and/or matters covered by El Mirage Police Department. (Allegation 2) On Monday, August 11, 2014, the City of El Mirage Police Department Conduct Review Board (CRB) convened to review the details of Administrative Investigation 14-006-SI, hear testimony, and to recommend a level of discipline to the Police Chief for the misconduct in which you engaged. The CRB recommended termination. More speci?cally, the basis for your termination is in accordance with 5.5.C of the City of El Mirage Personnel Policy for a violation of Section 5.5.B, Grounds for Disciplinary Action, and Police Department Operations Orders 1.02, Rules of Conduct, and 1.02.A, Truthfulness, as stated above. Therefore, in light of the facts set forth above re?ecting the misconduct in which you engaged, I am terminating your employment with the City of El Mirage effective August 14, 2014. You have the right to appeal this termination under Section 5.5.F of the City of El Mirage Personnel Policy as stated below: Section 5.5.F - Appeal Procedure Under this procedure, appeals must be ?led in writing with the Human Resources Director within ?ve business (5) days of the employee?s receipt of the Notice of Discipline from the Department Director. The appeal shall state in detail the facts upon which it is based, the people and departments involved, and the remedy requested. Failure to ?le a written appeal within the time period prescribed shall constitute a waiVer by the employee of further appeal of the disciplinary action. Acknowledged, Signed, and Dated by the Employee. ?lth/fl lo - Signature Date CL- 395? aim/H A RECEIVED JUN 2 0 2014 City" of EL MIRAEE Police :Departme?t 1240: West .oambamvenua 131 . - 523-500-5004? Fax 2723505400] YDD 623433-3552; wkyofefnifmge. org TO: Anthony Ker-1i3 Code 716 FROM: Steven Campbell, Police Chief SUBJECT: PLACEMENT ON ADMINISTRATIVE LEAVE DATE: one .6, 3201-4 M13 Kern, This letter will notice that youai?ei'here'by placed onpaid Administrative Leave effective immediately, pending- the completion of Administrative Investigation: 14-00661. You will abide by the following terms during theadminis?tratiiteileave: Your immediate superviSOIf will be Sergeant Craig Cormier; . 2) 'You'will be'required to contact Sergeant?C-omiier?every-day at?the start. and..endrof your --n-ormal work-shift and be available by phone-or text-throughout you-1'- shift. 3) hours are Monday'through' Fri'c'lay, 07.0.0 to 150021101113, during. Whieh time you will belsubjeot: to call; You are not subject to call on designated City holidays.- - - .. 4) 'Ymirwill be available by designated-workhours. and, if directed. to do so, must" be __able' to respond?to :a'City2-faoility-zwithin '60 minutes. Failure. to respond-appropriately- Witho?dt prcper leaVe? may resultinadiscipline. 5.) If respond due-to "illness 0r- you Will advise your supervisor and the appropriatei-SiekJlleave timoWill be tied noted} from [your sick leave accrual. "S'iek leave't-aken' in excess; .ofithreefwork daysmay require'a'a the-reasonforsic-k leave; 7 6) Vacation leave must be Scheduled-with your: supervisor; 7) You? will be responsible fer compl?e?tinjgandsubmitting 3mm.timesheetzmarked with the appropriate hours; Your timeshth will besubm?itted to your supervisor no later than every other Friday I70'O'hours' prior-?lo the- pay period}. Yourjsupervisor may perform this on your behalf milessgyour timesheet needs .to-ire?eet the use of anyleave otherthan.adrititiistrati'veYou atep'rohibited from City preperty or of the City Zof'El" Mirage while 01]. Administrative Leave Without the perm'isSi'on of your supervisor. 9) ?you are not to "contact a11y=City "gentp lo'yee/s'. while. on Administrative ZLeaveQ'Othet than your 'l'epresenta?ve, supervisog . . .10) ?ouwill honor all court .subpoenas and wi'Il-adVise yoursupervisor-priortoany court- . .. appearances? .. ?11) You will .no't'wearT-your' uniformimless. speci?cally authorized or. directed by'fyour 'supersiisor. I i. 12) .You will not engage in any City business; projects, other work, or operate a-City-vehiCle . - during the term of this leave unless otherwise approved or directed by your supervisor. Any violations of the above listed terms ofthe administrative leave and/or provisions of the City; and Department employee policies will be subject to _the_,appr0priate disciplinary. actions up to and including termination from employment with the City of El Mirage. These. provisions will remain in effect until you are advised otherwise in writing. - (IQAW Sieven?W?. Campbell, Police Chief Date Acknowledgement/Signature I acknowledge that the above has been discussed with me. My signature does not mean that I agree with the contents, but only that I have received, read, and understand this-Notice of Administrative Leave. 49/ e? we M. Em loyee Si attire Date . I arm) -- ff? Chiefs?gignature - Date V?t?w/ ?453-1532 (Mo/0 Wilness Si gdature I- . Date CC: Human Resources - City Attorney- City of El Mirage HR USE ONLY. I HRIS Clgno PERSONNEL ACTION FORM -- - "Bene??s . Payroll Current Employee Information Employee Name: last: Kern First: Anthony Emp 1716 Odglnal - Hire Date: 3/ 21/ 05 Current Annv Date: 9/ 21 Current Base Rate: 5 31.60 Current Premlum Premium Pay Pay Description: Amount: 3 [hr Cunent Base Rate Prem: Ihr Current Title: Code Enforcement Of?cer Salary Rang 617 Step: Current Dept: Development and Community Services Max Range: Current Status: Position Control Annual Hours: 2080 Exempt: NO Change Reason: (5) Transfer Effective Date: 5/ 01/ 1 1 Comments: 0 Transfer to Police Department. 0 No change in pay rate or salary range. Changes New Tltle: New Posltlon Control ti: New Dept: Police Department New Annv. Date: New Classification Date: New Status: New Regular hrs: Wk' New Salary Range: New Step: New PISA Status -Exempt: New Premium Pay DescriptlonNew Premium Pay Amount (New Hourly Base Rate: [In New Hourly+ premium Rate: Budget Changes FUND: BUDGET DEPT: BUDGET OBJECT: BUDGET 3 Next Evaluation Due: APPROVAL Dept. Head Signature: Date: . HR Director Signature: Date: City Manager Signature: 1 Date- 5/2 Entered in HRB Signature Date: CITY OF EL MIRAGE Human Resources 5 it. ., 12145 NW Grand Avenue, El Mirage, . .. MEMQBANDJIM TO: Anthony Kern FROM: . Sandra King, IPMA-CP, SPHR Human Resources Director Transfer to the Police Department DATE: April 29, 2011 Please be informed that the background process is now complete, and, as a result, you will be transferred to the Police Department effective Monday, May 2, 2011. The terms and conditions of your employment remain the same, with the following exception: 0 Your direct supervisor is Craig Cormier, Police Sergeant; Please contact me if you have any questions. City of El Mirage, 12145 NW Grand Avenue, I Mirage, AZ 85335 (623} 876 2949, Fax (623)876-4604, TDD (623)933-3258 CITY OF EL MIRAGE HUMAN RESOURCES DEPARTIVIENT 12145 NW Grand Avenue El Mirage, Arizona 85335 MEMORANDUM TO: Anthony Kern Code Enforcement O?icers FROM: Sandra King, IPMA-CP, SPHR Human Resources Director Potential Amendments to Job Description Transfer Police Department DATE: April 27, 201 1 In accordance with the April 2011 notice regarding the transfer of the Code Enforcement Division, please also be informed that the City is currently evaluating whether to add animal control as a ?mctiOn of code compliance. In this event, the Code Enforcement job? description will be revised to incorporate those additional job tasks, and you will be expected to perform those duties. In turn, the City will determine what, if any, additional training and equipment is necessary to perform those tasks. This evaluation should conclude in the coming months. Should it be determined that a change is needed, then and in that event, you will be provided with a copy of the revised job description. Job descriptions are subject to change as the needs of the City and the operating requirements of the job change as outlined in the COEM Persomtel Manual, Section 3.2 C. Please acknowledge that you have received a cepy of this notice. PRINT NAME: me a. 7/ 4/7134 SIGNHUISE ATE CITY OF EL MIRAGE HUMAN RESOURCES DEPARTMENT 12145 NW Grand Avenue El Mirage, Arizona 85335 MEMORANDUM TO: I Anthony Kern Code Enforcement Of?cers FROM: Sandra King, Human Resources Director SUBJ: Transfer to the Police Department DATE: April 8, 2011 As you are aware, the Code Enforcement Division will be moved to the City of El Mirage (COEM) Police Department effective May 1, 2011. All current code enforcement of?cers will be offered a lateral transfer to one of the three Code Enforcement positions that have been acquired by the Police Department. This letter is to provide you with notice that this lateral transfer is contingent upon the satisfactory completion of certain minimum requirements as outlined in the attached Operations Order 3.01 Recruitment and Selection of the COEM Police Department. Prior to your transfer to the Police Department, you are required to complete the background process that includes a polygraph examination, ?ngerprints and a criminal background investigation. If you are unable to satisfactorily complete, or otherwise refuse to participate in, the required background examination process as outlined above, you may be subject to termination from employment due to layoff. In order to begin the background process, please Sign below and return a signed copy to the Human Resources Department by Friday, April 15, 2011. I HAVE FULLY READ THE ABOVE PROVISIONS AND UNDERSTAND THAT MY TRANSFER TO THE POLICE DEPARTMENT IS CONTINGENT UPON THE SATISFACTORY COMPLETION OF THE REQUIRED BACKGROUND PROCESS AS OUTLINED ABOVE. PRINT NAME: 2% 3 QM SIGN R%a 91572943? DATE EDNLY. HRIS Cliy of El Mirage am 1 PERSONNEL ACTION FORM We? Payroll Current Employee Information Employee Name: Last: Kern First: Anthony Emp 1716 Hire Date: Current Annv Date of Annual Merit Increase: Current Base Rate: 35.95 [hr Current Premium Premium Pay Pay Description: Amount: 5 /hr Current Base Rate Prem: 5 [hr Current Title: Code Enforcement Coordinator Salary Range: 619 Step: Current Dept: Max Range: Current Status: Position Control #1 Annual Hours: Exempt: Data Scanned Change Reason: 8 08510110? to Payroll: Effective Date: 7/ 1/2010 Comments: - Demotion in lieu of layoff due to elimination of current position - Demotion to Code Enforcement Of?cer effective 7/1/2010 at max of Range 617 at $31.60/hr Changes New Title: Code Enforcement Officer New Position Control a: New Dept: New Anny. Date of Merit Increase New Classi?catlon Date: New Status: New Regular hrs: wk [yr New Salary Ra nge: 617 New Step: New FLSA Status -Exempt: New Premium Pay Description: (1) l2) IPP (3) New Premium Pay Amount ([hr [hr New Hourly Base Rate: 5 31.60 [hr New Hourly premium Rate: 5 [hr Budget Changes FUND: BUDGET DEPT: BUDGET if OBJECT: BUDGET it Next Evaluation Due: APPROVAL Dept. Head Signature: Date: HR Director Signature: Date: 7/7 I Assistant City Manager: Date: City Manager Signature: Date: 7 . Received by Payroll 0? OF EL Signature: Date: HR Date: v5 NOTE To PAYROLL: Annual Salary over $50,000 is a taxable fringe benefit for leel-lmurance. RECEIVED City of El Mirage MEMORANDUM To: Anthony Kern, Code Enforcement Coordinator From: BJ Cornwall, City Manager - Date: June 29, 2010 RE: Notice of Elimination of Position and Demotion By this memo I am notifying you the City has decided to eliminate your position of Code Enforcement Coordinator effective at 5:00 pm. on June 30, 2010. The basis for the City?s decision to eliminate the Code Enforcement Coordinator position is purely a matter of economics. Therefore, effective July 1, 2010, you will be demoted to the position of Code Enforcement Of?cer. This demotion is not a disciplinary action but simply a result of the City?s economic situation. Your salary will be reduced to the top of the range for the Code Enforcement Of?cer position. - @11, City Manager emu: EL MIRAGE HUMAN RESOURCES..- Kern it?. RECEIVED I hereby acknowledge receipt of the above. 5 Cn?y of El Mirage Cigno PERSONNEL ACTION FORM Benem? Payroll Current Employee Informa tion Employee Name: Last: Kern First: Anthony Emp 1716 Hire Date: 3/ 21/ 05 Current Annv Date of Annual Merit Increase: 9/21/05 Current Base Rate: 5 31-60 [hr Current Premium Premium Pay Pay Description: Amount: 5 [hr Current Base Rate Prem: 5 [hr Current Title: Code Enforcement Of?cer Salary Range; 617 Step: Current Dept: Community Development Max Range: Current Status: Fl Position Control it: Annual Hours: 2080 Exempt: Data Scanned Change Reason: (20) Annual Review to Payroll: Effective Date: 10/03/10 Comments: 0 No merit increase due to the budget for FY 10-11. Changes New Title: New Position Control it: New Dept: New Annv. Date of Merit Increase New Classification Date: New Status: New Regular hrs: wk New Salary Range: New Step: New FLSA Status -Exempt: New Premium Pay DescriptionNew Premium Pay Amount (New Hourly Base Rate: 5 [hr New Hourly premium Rate: 5 Budget Changes FUND: BUDGET DEPT: BUDGET OBJECT: BUDGET Next Evaluation Due: 9/21/11 A Dept. Head Signature: I I Date: /0 - 2.0 ?0 HR Director Signature: Date: g//0 City Manager Signature: Date: I 9 I I Entered In HRB Signature Date: CITY OF EL HUMAN RESOURCES -. . JUN 9 2m City of El Mirage cm i l- I PERSONNEL ACTION ?gg;;7;s Current Employee Information Employee Name: Last: Kem First: Anthony Emo it 1716 Hire Date: 3/21/2006 Current Annv Date of Annual Merit increase: Current Base Rate: 5 3 1 .60 [hr Current Premium Premium Pay Pay Description: Amount: /hr Current Base Rate Pram: 3 .60 [hr Current Title: Code Enforcement Of?cer Saiary Range: 617 Step: Current Dept: Community Development Max Range: Current Status: 1 - FT Position Control ii: 10-545-001 Annual Hours: 2080 Exempt: Data Scanned Change Reason: 20 Other - Correction to Payroll: I Effective Date: 6/27/2010 Comments: 1- Reinstate title to Code Enforcement Coordinator Pay retro pay at difference between new base rate of $36.95/hr and former base rate ?om 5/24/10 through current pay period. Changes New Title: Code Enforcement Coordinator New Position Control 11: New Dept: New Annv. Date ofMerit increase New Classification Date: I New Status: I New Regular hrs: Wk i hit New Salary Range: New Step: I New FLSA Status -Exempt: New Premium Pay Description: (2) {31 /h New Premium Pay Amount (New Hourly Base Rate: .5 36.95 /hr New Hourly premium Rate: '5 Budget Changes FUND: BUDGET ll DEPT: OBJECT: auoesrr Next Evaluation Due: APPROVAL Dept. Head Signature: 5 ?72 DateDirector Signature: Date: a . /d I Assistant City Manager: Date: 6 /2\2 a? City Manager Signature: Date: a I -l 7' y/ Received by Payroll f/ Signature: f) A Date: ?7 '7 HR Mgr: Date: f/l/IL/ NOTE TO PAYROLL: Annual Salary over $50,000 is a taxable fringe benefit for purposes of Group Life Insurance. HR USE ONLY I .: . r: of E1 eragg 1? 31.1315; PERSONNEL ACTION FORM ?rm - "w Cun'ent Employee Information Employee . Name: Last: Kern Anthony Emp 171 6 lee Date: 3l21I05 Annv Date ofAnnual Merit Increase: 9121I05 Currant Base Rate:$ 35.87 Ihr. Current Premium Premium Pay Pay Descriptlon: Amount: 3 Ihr. Current Base Rate Prem: Ihr. Current Title: Code Enforcement Coordinator Salary Rang 619 Stap: Current Dept Community Development Max Range 3 Annual Current Status: FT Position Control Hours: 2080 Exempt: Data Scanned to Finance/Payroll: E?edive Date: Change Reason: (11) Annual Increase 10/04/09 Comments: 0 3% Annual Increase effective 10I04109. 0 Pay retro pay from 10/04/09 to current pp. Changes New Title: Position Connol: New Dept: New Annv. Date of Merit Increase New Classi?cation Date: New Status: New Regular hrs: wk Iyr New Salary Range: New Step: New FLSA: New Premium Pay Description: (1) (2) [hr New Premium Pay Amount (1) Ihr. New Premium Pay Amount (2) . Ihr New Hourly Base Rate: 3 36.95 Ihr. New Hourly premium Rate: . Budget Changes FUND: BUDGET DEPT: BUDGET OBJECT: Next Evaluation Due: 9/21/19 A A A OVAL Dept. Head Signature: Date: /0 2609 HR Director Signature: Date: 1 Assistant City Manager: F: We Date: 2 0A1 If 7 City Manager Signature: [gz/ - Date: 1 0/ a I Received by Payroll . Signature: A, Dating/l, HR Mgr?m Date: - NOTE PAYROLL: Annual Salary over $50,000 is a taxable fringe bene?t for purposes of Group Life Insurance. Cit); of El Mirage PERSONNEL ACTION FORM Current Employee Information Employee Name: Last: Kern First: Anthony Emp 1716 Hire Date: 3121/05 Anniv Date ofAnnual Merit Increase: 9121/05 Current Base Rate: 34.83 llhr. Current Premium Premium Pay Pay Description: Amount: Ihr. Current Base Rate Prem: Ihr. Current Title: Code Enforcement Coordinator . Salary Range: 619 Step: Currant Dept: Community Development Max Range Current Status: Position Control Annual Hours: 2080 Exempt: Change Reason: Annual Merit Increase Effective Date: 9/21/08 Comments: 0 3% annual merit increase effective 9/21/08 per Article 5 Section 4 Advancement 0 Pay retro pay from 9121108 to current pp Charges New Title: New Dept: New Position Control #2 New Anniv Date: New Status: New Regular hrs: 1 wk {yr New Salary Range: New Step: New FLSA: New Hourly Base Rate: 35.87Ihr New Premium Pay Description: New Premium Pay Amount: 5 Ihr. New Hourly premfum Rate: Ihr. Bugget Changes FUND: BUDGET DEPT: BUDGET OBJECT: BUDGET it Next Evaluation Due: 912,1109 A APPROVAL 0 Dept. Head Signature: i 91 Date; /0 9 '08 0 HR Director Slgnature: Date: . .x ?t I Assistant City Manager: 7 Date: /33 /154 A) I Cl Mane rSi ature: Date: .. I To Payroll: y, A. B. . Entered: Citv of El Miragg PERSONNEL ACTION FORM Current Employee Information ?32:33 Last: KERN m: ANTHONY Emp# 1716 3121105 Annivoate: 9121/05 $33.17 rm. CODE ENFORCEMENT COOR. MaxRange: R8352 619 Step: COMMUNITY DEVELOPMENT Position cm; Status: FT I Annual Hourszl 2080 lExempt: 322233; MERIT INCREASE Effective Date; 9/23/07 CommentS'o a i??Ji ME INCREASE EFFECTIVE 9/23/07 PER ARTICLE 5 - SECTION 4 DVA EMENT - PAY RETRO PAY FROM 9/23/07 TO CURRENT PP Changes New Title: New Dept; New Position New Anniv Date: New Status: New Regular hrs: I wk Iyr New Salary Range: New Step: New New Hourly Base Rate: ?4 3 EM Premium Pay Description: Premium Pay Amount: lhr. New hourly premium Rate: 5 rhr. Budget Changes FUND: BUDGET DEPT: BUDGET OBJECT: BUDGET Next Evaluation Due: 9121/08 APEROVAL Dept. Head Signature: Date: 22.. 2.008 HR Director Signature: Date: 7?97- Assistant City Manager. . 7/ Date: City Manager Signature: Entered: ToPayrollr X, - By: I (mum 7/30/08 City of El Mirage PERSONNEL ACTION FORM Current Employee Information ?323?: Last: KERN First: ANTHONY Empt 1716 Hire Date: Anniv Date: Basceztgraigf Ihr. CODE ENFORCEMENT COORDINATOR Step: (?3211? COMMUNITY DEVELOPMENT posit-anew: Status: I Annual Hours: I I I Exempt: ONE DAY SUSPENSION WITHOUT PAY Effective Date: omments: EFFECTIVE 7l10108 ONE DAY SUSPENSION WITHOUT PAY PER ARTICLE 6 SECTION 5 - SUSPENSION AS AMENDED BY RESOLUTIONS R05-01-02 AND R06- 06-1 8 Changes New Title: New Dept: New Position New Anniv Date: New Status: New Regular hrs: I wk Iyr New Salary Range: New Step: New New Hourly Base Rate: Premium Pay Description: Premium Pay Amount Ihr. New hourly premium Rate: 3 Ihr. Budget Changes FUND: BUDGET DEPT: BUDGET OBJECT: BUDGET Next Evaluation Due: NIA APPROVAL Dept. Head Signature: Date: 7 9 HR Director Signature: Date: Assistant City Manager. Date: . 7 City ManagerSignature: Date: LO) To Payroll: Entered: Qawuf 7/95/08 City of El Mirage PERSONNEL ACTION FORM New Hire/Current Emnloyee Inforrnation Employee Name: Last: KERN First: ANTHONY Emp# Hire Date: 3I21I2005 Anniv Date: Current Base Rate: $32.20 lhr. Cunent Title: CODE ENFORCEMENT COORDINATOR Salary Range: Step: Current Dept: 1 0-545 Status: Annual Hours 2080 Exempt: NON EXEMPT Change Reason: Effective Date: July 1, 2007 Comments: 0 3% COLA increase as approved in FY 07-08 budget Changes New Title: New Dept: New Anniv Date: New Status: New Regular hrs: Iyr New Salary Range: New Step: New New Hourly Base Rate: 3 33.17 Premium Pay Description: Premium Pay Amount: Ihr. New hourly premium Rate: 33.17 lhr. Budget Changes FUND: BUDGET DEPT: OBJECT: BUDGET Next Evaluation Due: APPROVAL Dept. Head Signature: Date: Finance Director Signature: Date: HR Director Signature: Toni Brown Date: 771112007 City Manager Signature: Date: To Payroll: BY: ntered: CITY OF EL MIRAGE Personnel Action Form I Employee Name: ANTHONY KERN Type of Action: UEEffective Date of Action: October 22, 2006 Salary Plan Adjustment Update Employee Record as Follows: Current New Job TutIe CODE INSPECTOR 1 CODE ENFORCEMENT COORDINATOR Salary Range 54 619 Base Salary $29.95 per hour $32.20 per hour Total Salary $29.95 per hour $32.20 per hour COMMENTS: Salary Plan/Adjustment Effective 10122I2006 Approved bl City Council on 10/12/2006. Date (fjalo? Finark? Dire?tor ?257? Huma' Resources Dir or Payroll Specialist ?ate' . Mob Original: Personnel File ?Copy: Employee Copy: Payroll CITY OF EL MIRAGE Personnel Action Form Employee Name: ANTHONY KERN I Type of Action: Effective Date of Action: October 22, 2006 Salary Plan Adjustment Update Employee Record as Follows: Current New Job Title CODE INSPECTOR CODE ENFORCEMENT COORDINATOR Salary Range 54 619 Base Salary $29.95 per hour $31.45 per hour Total Salary $29.95 per hour $31.45 pephour (rm 2, 70 COMMENTS: Salary PlanlAdjustment Effective 10/22/2006 Approved by City Council on 1011212006. g?yp D3406 F?ance Director Human Resof?l'rces Director Dale Payroll Specialist Dale Original: Personnel File Copy: Employee Copy: Payroll . CITY OF EL MIRAGE Personnel Action Form REVISION 12/22/06* Employee Name: ANTHONY THOMAS KERN Effective Date of Action: SEPTEMBER 21, 2006 Social Security FLSA Status: Non-Exempt Employee 1716 Budget Acct. 10-545-110 Employee Current Supervisor Sharon Antes Address: Public Works Phonezr Executive Assistant Type of Action: New Hire: Full-time Merit Increase New Hire: Part-time Hours per week: Assignment/Incentive Pay (add) Temporary/I nten'm Employment ISeasonal Assignment/Incentive Pay (remove) Probation Completed Salary Plan Adjustment Probation Extended Until Performance Award Transfer Title Change Change in Work Schedule/Hours Relnstatement Promotion Retirement under Demotion Tennination/Resignation Reclasslficatlon Other: Leave of Absence Update Employee Record as Follows: 541-0102 Current New Job Title Code Enforcement Coordinator Department Planning Budget Account 10-545-110 Work Schedule 40 hours per week Classi?cation 54 Hourly Rate of Pay $29.95 per hour $29.95 per hour Promotion Miscellaneous; Assignment/ Incentive Pay Total Pay $29.95 per hour $29.95 per hour ADD REMOVE Assignment/Incentive Pay for: Pay Amount COMMENTS: EFFECTIVE: September 21, 2006, Employee is currently at the top of salary range at $61,853.00 and has been increased per classification scale FY 05/06. Currently employee is at $62,296.00, no change due to classification rangew Wm WM Evaluation peii'iod: 09/21/05 to 09/21/06 Next Evaluation Due: 09/21/07 It ent Di ectca Da/t'e te 1 dz 0?93 Human Resouryg Director Date 42%; Date Original: Personnel File Copy: Employee Copy: Payroll Code Enfo-rcementOf?cer 54 $41235 $51544 $61353 CITY OF EL MIRAGE Personnel Action Form 11l09l2006* Type of Action: Employee Name: ANTHONY KERN Effective Date of Action: October 22, 2006 Salary Plan Adjustment Update Employee Record as Follows: Current New Job Title CODE INSPECTOR 1 CODE ENFORCEMENT COORDINATOR Salary Range 54 619 Base Salary $29.95 per hour $32.20 per hour Total Salary $29.95 per hour $32.20 per hour COMMENTS: Salary PlanlAdjustment Effective Approved bi City Council on 10/12/2006. if? Finarl? Direetor (I) Date alga Date 957% ?W?z Hurna\ Kesources Dire or Dat adam- .W Specialist ?ate' I Original: Personnel File Copy: Employee Copy: Payroll 621296' 0?05 3911h?8 629296' 0'025 11557?i+ 3" 3s11h'8 629 9968'2' 4f City Manager?s O??fce 12145 NW. Grand Ave, El Mirage, AZ 2? . . City ofEIMimge I 4? October 30, 2006 Anthony Kern Dear Anthony: The City of El Mirage retained the Waters Consulting Group, Inc., (WCG) to perform a comprehensive market review of its current compensation program for all regular information for our positions. The WCG recommended, and the City Council approved the attached Classi?cation and Compensation Schedule. Once approved, City staff recommended to my of?ce, and I have approved, the following criteria to place individual employees into the new pay grades: 0 Raise all salaries to the minimum of the new pay grade, or increase salaries whichever is greater. 0 Additionally, increase salaries according to each employee?s Time in Position (TIP) according to the following: 0 to 1 year TIP 0% increase\ 0 1 to 2 years TIP 2.5% increase 0 2 to 5 years TIP 3.5% increase 0 5 years and over 5% increase If the TIP adjusted salary is less than the Average Market Salary and TIP is three (3) years or greater, salaries will be the higher of the Average Market Salary or the TIP adjusted salary above. Anthony, currently your job title is CODE INSPECTOR 1, your pay grade is 54, and your salary is $62,296. Your new job title is CODE ENFORCEMENT COORDINATOR, your new pay grade is 619 ($52,689 - $79,033), your TIP is 1.07, and your new base salary is $65,4_1_ 1. The effective date of the salary adjustments is October 22, 2006. If you have any questions, please contact Larry D. Price in the Finance department. j, .4 Thank you for your hard work. City Manager City Of El Mirage. PO. Box 26, El Mirage, Arizona 85335 (623) 972-8116, TDD (623) 9333258 1 CITY OF EL MIRAGE Personnel Action Form Employee Name: ANTHONY Effective Date of SEPTEMBER 21, 2006 1 Action: Social Security FLSA Status: Non-Exempt Employee 1716 Budget Acct. it 10-545-110 Employee Current Supervisor Sharon Antes Address: Public Works Phone: Executive Assistant Type of Action: New Hire: Full-time Merit Increase Assignment/Incentive Pay (add) New Hire: Part-time Hours perweek: Assignment/Incentive Pay (remove) Employment lSeasonal Probation Completed Salary Plan Adjustment Probation Extended Until Performance Award Transfer Title Change Change in Work Schedule/Hours Reinstatement Promotion Retirement under Demotion TenninationIResignatlon Reclassification Other: Leave of Absence Update Employee Record as Follows: 541-0102 Current New Job Title CODE ENFORCEMENT COORDINATOR Department Planning Budget Account 10-545-110 Work Schedule 40 hours per week Classi?cation 619 Hourly Rate of Pay $32.20 hour $33.81 per hour Promotion Miscellaneous; Assignment incentive Pay Total Pay $32.20 hour $33.81 per hour ADD REMOVE Assignment/Incentive Pay for: Pay Amount COMMENTS: Effective Date: September 21, 2006, 5% annual merit increase based on performance review. Evaluation period: 09121105 to 09/21/06 Next Evaluation Due: 09I21I07 I) . .. a //aoe if [Jeane - Date pm 130042 [Date Original: Personnel File Copy: Employee Copy: Payroli A a CITY OF EL MIRAGE Personnel Action Form Employee Name: ANTHONY THOMAS KERN Effective Date of SEPTEMBER 21, 2006 Action: Social Security FLSA Status: Non-Exempt Employee 1716 Budget Acct. 10-545?1 10 Employee Current Supervisor Sharon Antes Ad dress: Public Works Phone: Executive Assistant Type of Action: New Hire: uII-time Merit increase New Hire: Part-time Hours per week: Assignment/Incentive Pay (add) Temporary/Interlm Employment ISeasonal Assignment/incentive Pay (remove) Probation Completed Salary Plan Adjustment Probation Extended Until Performance Award Transfer Title Change Change in Work Schedule/Hours Reinstatement Promotion Retirement under Demotion Tennination/Resignation Reclassi?cation Other: Leave of Absence ml, Update Employee Record as Follows: 541 -0102 Current New Job Title CODE ENFORCEMENT COORDINATOR Department Planning Budget Account 10-545-110 Work Schedule 40 hours per week Classi?cation 619 Hourly Rate of Pay $32.20 hour. $33.16 per hour Promotion 9 Miscellaneous; Assignment] Incentive Pay Total Pay $32.20 hour $33.16 per hour ADD REMOVE Assignment/Incentive Pay for: (5 Pay Amount COMMENTS: Effective Date: September 21, 2006," annual merit increase based on performance review. Evaluation period: 09/21/05 to 09/21/06 Next Evaluation Due: 09/21/07 . O'epa ment irecto} Dae Employee Date a; a: a 9/ 21 PWS?ecialist Date Human Resources Director Date Original: Personnel File Copy: Employee Copy: Payroll CITY OF EL MIRAGE Personnel Action Form Employee Name: ANTHONY KERN Effectlve Date of Action! October 22, 2006 2? Type of Action: Salary Plan Adjustment Update Employee Record as Follows: Current New Job Title CODE INSPECTOR 1 CODE ENFORCEMENT COORDINATOR Salary Ragga 54 619 Base Salary $29.95 per hour $31.45 per hour Total Salary $29.95 per hour $31.45 per hour COMMENTS: Salary Plan/Adjustment Effective 10/22/2006 Approved by City Council on 10/12/2006. A 94 m. g. Finance Director Date Human Reso?rces Director .4 Date Payroll Specialist Date Original: Personnel File Copy: Emp Copy: Payr lnyee oll CITY OF EL MIRAGE Personnel Action Form Employee Name: ANTHONY moms KERN Effective Date of Action: I siziios Social Security Fi?-Status: Non-Exempt Emilee "if?W Budget Acct. Employee current Supervisor Sharon Antes Add ress: Public Works Phone: Executive Asst. - - - - Type of Action: New Hire: Full-time New Hire: Part-time Hours per week: Temporary/interim Employment ISeasonaI Probation Completed Probation Extended Until Transfer Change in Work Schedule/Hours Promotion Demotion Reclassi?cation Leave of Absence Update Employee Record as Follows: Merit Increase Performance Award Title Change Reinstatement Other: Assignment/incentive Pay (add) Assignment/Incentive Pay (remove) Salary Plan Adjustment Retirement under Tennination/Resignation 541-0102 Current New J?b We Code Inspector 1 Department Planning Budget Acoou nt 10-545-110 Work Schedule 40 hours Salary Range 54 Base Salary $28.80 per hour $29.95 per hour Promotion Miscellaneous; Assignment I Incentive Pay Total Salary $28.80 per hour $29.95 per hour ADD REMOVE Assignment/Incentive Pay for: Pay Amount COMMENTS: Effective: September 21, 2005, _4%Vmerit increase for completing} six month Probationary periocl successfully based on performance review. Review Period: 03721105 to 09/21/05 Next Eva?ay?a?bue: 09/21/06 rig Emti?yee? I Date - . Hyan Resources Directof/ 1/ Original: Personnel File Copy: Employee Copy: Payroll City of El Mirage Personnel Action Form Employee Name: ?Anthonv Thomas Kern Effective Date of Action: 9/14/05 Social Security FLSA Statutes: Non-exempt Employee J1 716 Budget Acct. 10-545-1 1o Sharon Antes Public Employee Address Works Executive Phone: Jgurrent Supervisor: A591 Type of Action: Ier?uLe TN New Hire: Part?time Hours per weelc Assignment/incentive Pay (add) Temporary/Interim Employment [Seasonal Assignment/Incentive Pay (remove) Probation Completed Salary Plan Adjustment Probation Extended Until Performance Award Transfer Title Change Change In Work Schedule/Hours Reinstatement Promotion Retirement under Demotlon Termination/Resignation Rectassi?cation Other: Leave of Absence Update Employee Record as Follows: ?a - 2m" . - Af.? 4.53 541 41102 Current Code Inspector 1 Job Tile D_epar1ment Plannlm Budget Account 10-545-110 Work Schedule 40 hours Salary Range 5? Base Salary 28'? 9" hm? 29.88 per hour Promotion A Mlsoellaneous; Assignment/lnoenlivgl?ay I A Total Salary 233? Wm" 7 .329.? Lerhou'r 1' 1 7 ADD REMOVE ?7 1 I Assignment/Incentive Pay for: I ?16 Pay Amount EFFECTIVE: September 21, 2005, 3% merit increase for completing a six month probationary Eriod Succegsfully based on performance review. Review Pen'od: 03/21/05 to 09/21/05 Next Evaluation Due: 09/21/06 Approval/Authorization 2% rt ntbirectorO 0/16/44 ?zz/?g if it, anager Initials Hun) Resources Director 4/4 City of El Mirage Personnel Action Form 1 I out ?Employee Name; KERN .Effe_ct_:ivg Date of Action: :l fSotial Sgcung FLSA Statutes: Non-Exempt I I (9 Budget Acct. 10-54_1-110 . 'SnaronAnles :gmployee Address I ?Esi?m?fm Ph_on9: 1 Type 1g 2! New Hire: Full?time Merit Inc_r_ea_se New Hire: Part~tlme Hours per week: Assignfnent/lnoen?vh Fay (add) ISeasonal Pay (mmve) Probation Completed Sdary Plan Adjustment Proba?on?Eid?l?ide'd until ATtansler Ghana: . Change In Work Schedule/Hours .-. Reinstatement Promotion Retirement Damothn TennlnatlonfResignation Reolassl?calion Mia?dial D?t?otive A?ssg Pay . 'Leave of Absence Update Employee Record as Follows: osition# 541-11102: ZEQumnt . ?Job Title . _h Department B_udget Acoount# 9105541410 vigqu Schedule ?40 hours A _y . I339 Sam LMIscellaneous; I ma, 3mm - tannin: (55939430 annual) Ml. i ADD REMOVE Assignment/incentive Pay for: Pay Amount . g! Effe?ve: Martha. 2005, Now; with a sixamontlt Eobationagg Etiqd._. 'May be elig?le for a-merit-increasgL depending on pg_tf_ormance-and availability guilds. Eligible for health insimance bene?tg (medical. dental, vision; lite.) 1st of the. menu). Nix; Evaluation Due:- September '1 4, 2005 App'r?vzWAdinpnzatio?n? f/9roS? Employee 3hr- Human Resources Director Louq?nggo- days qtpm?oxm'em. I. aft 0/ Mirage ?uman [genera-cad geparlmenl [30. [in 26 Mange. 14285335 (623) 995.5672 (623 935-5679 March 10, 2005 . VIA HAND DELIVERED Anthony Thomas Kern Subject: Offer of Employment CODE TNSPECTOR 1 Dear Anthony: Congratulations on being selected for the position of Code Inspector 1 with the City of El Mirage Building Department. Your starting salary will be $59,904.00 annually that equals to $28.80 an hour. After successfully completing the required six-month probationary period, you may be eligible for a merit increase, depending on level of performance, availability of funds and pay range step. You are eligible for health insurance bene?ts (medical, dental, vision, life) after completing 30 days of employment. The insurance effective date will be the ?rst of the month following 30 days of employment. The City pays 100% of the employee?s premium for health insurance and 70% for dependent coverage. Attached are the current rates for dependent coverage through February 2006. It has been agreed that your tentative starting date will be Monday, March 21, 2005. Your direct supervisor will be Sharon Antes, Public Works Executive Assistance. Please report to the Human Resources Of?ce located at 12145 NW Grand Ave, Suite 8, El Mirage, AZ. at 8:00 am. If you agree to these terms, please Sign below, and return to me as soon as possible. We look forward to seeing you on Monday, March 21, 2005, and working with you on our team here at the City of El Mirage. ineere ly, ?aw. Mix. Dora Miles Human Resources Analyst Please acknowledge receipt of this letter by signing below: ONYTHOMAS KERN ADate Human Resources P.O. Box 26 El Mirage, Arizona 85335 Fax (623) 876?4603 Voice (623) 876-2945 CITY OF EL MIRAGE APPLICATION FOR EMPLOYMENT An Equal Opportunity/Reasonable Accommodation Employer The City of El Mirage will consider applicants for all positions without regard to race, color, religion, sex, national origin, age, marital status, the presence of a non-job-related medical condition or handicap, or any other legally protected status. Date of Application: 93 Title Sala Resume Attached: Nox of Position Applied For: 6060?; at. MT [)PP/car ry Requirements 973.50 [@8r Aver . - I How did you learn of the position for which you are applying? p'i' 91' Type of Employment Desired: 7K Full-time Part-time Temporary Will Date Available for Work?$17 you work overtime if required? Yesx No? aw?? ale/aware math, ?ax/37625 Last First Middle City State zm Telephone Number: Home. OfficeJ 3ther_ Best Time to Call: gav?mi?, Social Security No._ Have you filed an application with the City of El Mirage within the past year? Ye s_ No If yes, give date: Have you ever been employed by the ity of El Mirage? Yes_ No If yes, give date: Are you related to any person currently employed by the City of El Mirage? Yes 1 No If yes. state employee?s name, relationship, and department below. Ill/.4 [xi/.4 Nam?? Relationship Department _Yes No Do you have a legat right to work in the United States? (Proof of work authorization will be required upon hire) Yes No? Have you ever been convicted of a misdemeanor or felony other than minor/civil traf?c offenses? Note: Reckless operation, hit-and-run, driving under the influence, excessive speeding, and similar charges are not considered minor traf?c offenses. (A conviction does not automatically disqualify your application from consideration. However, failure to - report convictions wilt result in automatic disquali?cation from new or continued employment.) Have you ever been party to a lawsuit? Yes No If yes. give details, including charges. dates, locations, etc. Have you ever been dismissed from any job? Yes_ No if yes, explain: Indicate any foreign languages you can speak. read, a'ndlor write: Fluent Good 8 ak Read Write REFERENCES Please list the names, addresses, and telephone numbers of at least 3 professional references who are familiar with your work. Name Address Phone Years Number Acguainted 3 EMPLOYMENT HISTORY: *lmportant: Do not state ?see resume?. Indicate experience in each position beginning with your present or most recent position, including military service and volunteer experience. Show your entire work history. Be sure to list each significant change in title separately, even though with the same employer. Please be accurate and complete and fill in all spaces. Attach "Supplemental Employment History Form? if necessary. EMPLOYER: [7,72 .345 ?/icem? inn-.43, Phone: Address:_ Name and Title of Supervisor:_ ?ap Sammy?! Employment Dates: from2Mtoz?2?rStarting Salary: 32' .cc Ending Salary: :24. 4,5 Starting Position: a ?f Endin Position: {31,16 I Number of workers you directly supervised: (Ewan) ?rie?u'. 9t?ug..t> 121' Description of Duties: New" F??ma 2cm?? New}. Air/ml ?re/9v sic-fries" . i/Ibti'w? ?aw/72: 41??5 14467" 10:71" ?ame/N M5 . {Evita-Fed research 1591-?, [ft 7 V1409 EAL I I -- I mm; L. a?up?r lame/5, 69-1711} to] lag/77? Reason for leaving or wanting to change: Nap-4" am! Wilma-I77, l: ?1,6 /M,uo. May we contact this employer if you are considered for the position: ye.? EMPLOYER: (.2221, tr Mum -- Finance? Phone: Address:_ Name and me or Supervisor: head/w; Employment Dates: from:Mgt0:MStarting Salary: 41mg E'nding Salary: ?2 Add Starting Position/[23? (QM-gm) Ending Position: ?72? Number of workers you directly supervised: 50.1w 34, gums, 31;, (.0144. how-o5 Description of Duties: zuw? av?ubt77ch back, Yaw-5 gift-35 I . afll??f??d-l fir I ?b?j?d?nf?l f?mb- I w! IV: ?72: Ji?h?a Reason for leaving or wanting to change: Mm, Olofer?u/Tlf May we contact this employer if you are considered for the position: t.st EMPLOYER: 0511: a; p?wmatf- [11.57.91 Address; 7 Name and Title of Supervisor:__ )7 . Employment Dates: frommtozwtamng Salary: 4' 7i" Ending Salary: '2 Starting Position: (Ah/me", {gamma Ending Position: [4:77-5:55 .5 (Jami Number of workers you dire tly supervised: 5? Description of DUties: gait:th" u; 1613:9713? 441? x/?rwb 77MB, ft'ic'gw? 05515;? [or l- {lam/17nd. ?at] ?mg [m M) ?77,:ch can?. on dumm/ an El g. ?are [any 4?3? mm: annualva Reason for leaving or wanting to change: mm. o?paxmi 117 1 May we contact this employer if you are considered for the position: (/9413 . I 3 EDUCATION I i~ High School Did you graduate from high school? Yes No If no, do you have a GED certificate? es No Name and Location of School i ,4 if. [[811 a 11 Trade or Business School Did you attend a trade or business school? Yes No If yes, what courses did you study? /2f Name and Location of School M- College Name and Address of Major Degree, If no degree, state College number of hours completed. f2. 6,05?; 6 . a to Area 0 7: n17? ?Sl?vz-S CW7 [Jayme ?n'rqmm?ul (/myewg/ nw??il?? J05 ?nd: glam/$15075 Other Skills and uali?cations In addition to your work history, what other skills, qualifications, professional registrations or certi?cations do you possess that would qualify you for the position applying for[4?7 Ag; - ?I?Lam- {Wain 4' . "in! . I 1 o? ..I le?tn?l. . . I IMPORTANT INFORMATIUN TO APPLICANTS Depending on the position, offers of employment may be conditioned upon successful physical examination, drug screening, driving record and criminal history background check. All employees are required to read and sign acknowledgment of several City of El Mirage policies. It is the City of El Mirage?s policy to comply with all applicable state and federal laws prohibiting discrimination in employment based on race, age, color, sex, religion, national origin, disability or other protected classi?cation. When advised, reasonable accommodations will be made in order for an ?othenivise quali?ed applicant? with a disability to participate in any phase of the recruitment process. (Americans with Disabilities Act of 1991). CERTIFICATION AND AGREEMENT certify that the facts set forth in this Application for Employment are true and complete to the best of my knowledge. I understand that ifl am employed, false statements may result in my dismissal. I authorize the City of El? Mirage to make an investigation of any of the facts set forth in this application. bf Applicant?s Name (Printed {19? [03? 99' 3 Signature ate Interview Date Interviewed By: Recommendation: Date of Hire: Dept; Position: Starting Salary: SUPPLEMENTAL HISTORY: *lmportant: "Wot state ?see resume?. Employer: Phone: Address: Name and Title of Supervisor: Employment Dates: from: to: Walary: Ending Salary: Starting Position: Ending Position: Number of workers you directly supe sed: Description of Duties: Reason for leaving or wanting to change: May we contact this employer if you are considered for the position: Employer: - . Phone: Address: - Name and Title of Supervisor: - Employment Dates: to: Starting Salary: Ending Salary: Starting Position: Ending Position: Number of workers you directl supervised: Description of Duties: .x Reason for leaving or wanting to change: May we contact this employer if you are considered for the position: Employer: Phone: Address: Name and Title of Supervisor: Employment Dates: Startin alary: Ending Salary: Starting Position: nding Position: Number of workers you directly supervis Description of Duties: I . Reason for leaving (?ghting to change: May we'contact this employer if you are considered for the position: service?; Anthony Kern Qualifications Summary - Extensive knowledge of Neighborhood Preservation Ordinance, Zoning Ordinance, City Sales Tax, Privilege Licenses, Accounts Receivable, and Utility billings. 0 Excellent Customer Service skills. - Excellent knowledge of computer software used by municipalities. - Excellent oral and written communication skills. 0 Excellent planning and organizational skills. 0 Available to work immediately Friday, Saturday and Sunday and would be interested in the direct position. OBJECTIVE My objective is to put forth my best effort, as displayed in my City of Phoenix performance reviews, by meeting and exceeding all goals set before me. To give the public quality service they expect from city government, and to continue looking for innovative ways to improve and enhance my job abilities through education and experience. My objective as a Code Enforcement Officer will be to learn the job quickly through training, experience, personnel, gathering information relating to this position, and to provide excellent customer service both internal and to the general public. EMPLOYMENT - Neighborhood Preservation inspector ll Neighborhood Services May 2000 to present City of Phoenix Arizona i currently am working for the City of Phoenix in the Neighborhood Services Department as a Preservation Inspector I. My job duties include interacting directly with the citizens of Phoenix and provide services such as neighborhood improvement and blighting. promote citizen involvement in neighborhood improvement and preservation. I help plan, develop and organize community groups through various neighborhood meetings, private companies and various non?profit agencies. I work directly with neighborhood leaders and'activists and assist newly formed neighborhood groups. I assist and initiate problem-solving issues with neighborhood organizations. I assist and educate in the appeals process, neighborhood clean-up programs, zoning issues and rcciinirjut start i033 neighborhood improvement. attend neighborhood meetings and use speaking forums to represent Neighborhood Services'and to educate the public. i look for ways to assist the neighborhood organizations and citizens who are unable to pay for required improvements. enforce the various NPO, Zoning Codes, and Abatement ordinances. i work directly with the City of Phoenix Police Department, Municipal Courts, Development Services, Zoning, and interdepartmental NSD divisions. i also assist the public through telephone calls, letters, meeting them in pubiic, and through neighborhood meetings. keep current on Neighborhood Services policy and use it to bring properties into compliance. i issue civil citations when a property is not in compliance. educate and assist neighborhood citizens to other city departments for variances and permits. I attend court and am a witness for the City of Phoenix. make policy recommendations to my immediate supervisor regarding the Neighborhood Preservation Ordinance. have assisted and mentored other inspectors. i have assisted as acting supervisor when my immediate supervisor was absent. have worked in the Manzanita Fightback and have assisted in other Fightback areas. I am familiar with targeted areas within the city such as Neighborhood Initiative Areas, Fightback Areas, and Mobile Vending issues. I promote team involvement within the department and look for ways to work together. Once such idea of teamwork was organizing a Neighborhood Services Department float for the Fiesta of Light parade in November 2004t0 promote healthy neighborhoods. 1 have extensive experience interpreting maps, titles, parcels, and legal documents. have experience in researching properties to find the responsible party. i am a Certified Zoning Enforcement Officer and am trained in Nan Mckay as a certi?ed Housing Inspector. I am a certified Arizona Trainer with the Crime Free Multi-Housing program. a Treasury Collections Representative] Finance Department 2000 City of Phoenix Arizona October 1993 to May i worked for the City of Phoenix in the Finance Department as a Treasury Collections Representative collecting and investigating delinquent city accounts such as water, tax, and special assessments and bringing customers to compliance. This is accomplished by contacting the general public through telephone calls, documentation, site visits, sending letters, proper follow-up procedures, interpreting maps and titles, working with other city departments, and in face-to-face, one-to-one settings. process work order requests to other departments regarding credits, deletions, debits, and cancellation of license and assessments. Make decisions concerning payment arrangements, bankruptcy, liquor af?davit filings, settlements, title searches. legal descriptions, interpretation of city ordinances and codes, investigations, lien filings and releases, property sales, write-offs, and customer iiability. Visit sites of properties to determine liability. Analyze and interpret ordinances. laws, and various legal documents. Consult and provide data to City Attorney, Division of Accounts, Streets, and Water Department in investigations and litigation matters. interpret City, State, and federal laws and ordinances. Maintain accurate record keeping for all accounts. i also work with the State Liquor Board, Bankruptcy, Registrar of Contractors, Corporation Commission, and various credit bureaL'is. Use Personal Computers daily and utilize such software as Word, Internet, PLT system, Diary, Lotus Organizer, Excel. WordPerfect, and cc: Mail for Windows 95. i also wrote the procedures for the City of Phoenix Water Collections, did all the testing for the new city collection agency system and the Y2K turnover. i also participated as a team player in the SAS and SAP projects for the City of Phoenix. technical services; Utilities Services Specialist! Water Department May 1987 to October 1993 City of Phoenix, Arizona I processed water payments from walk in customers, answered incoming calls, investigated and processed disputes and customer inquiries. investigated return checks, misapplied payments, and determined liability on various city services that were or were not rendered. Kept updated of all city ordinances and department policies and interpreted them to customers. made payment arrangements on residential and commercial accounts. i worked in the research section analyzing data for customer billings, ownership, and general investigations. Gathered and calculated statistical data for budget and production purposes and assisted administration in analyzing and gathering data to open new pay stations. Processed over 1 million dollars annually in water bills with no errors. 0 Supervisor May 1983 to May 1987 Designer Wood Products Phoenix, Arizona I trained all employees on machinery, OSHA safety requirements, and various production methods. Assisted in the investigation of accidents and on the job injuries. Held weekly meetings and counseled employees on business and safety issues. interviewed potential candidates for hire. Administered performance reviews and promotions. Handled all customer complaints and responded to customer inquiries via letter or telephone. Gathered data for management, auditing and production purposes. Met deadlines for management with regards to production, auditing, and employee performance appraisals. Kept records and ordered supplies. Met with management on a weekly basis, giving oral and written updates on production issues and presented ideas to improve production and employee performance. Maintained all files of various manufacturing products. EDUCATION Gateway Community College Rio Salado Community College Western international University (currently enrolled) Major: Criminal Justice Minor: Business Activities: I am currently continuing my education at an accredited University. working towards finishing my Associates degree in business then a Bachelor degree in Criminal Justice. City of Phoenix, Arizona i have enrolled in different city and college classes improving my customer service SKILLS technicui 5; enriccs skills, computer knowledge, and techniques in collections and investigations. The classes also included such topics as interpreting legal documents, dealing with angry customers, telephone and ?ling techniques, and getting the most out of your workday. - Knowledge of city codes and ordinances. 0 Extensive knowledge of Neighborhood Preservation Ordinance, Zoning Ordinance, City Sales Tax, Privilege Licenses, Accounts Receivable, and Utility billings. 0 Excellent Customer Service skills. 0 Excellent knowledge of computer software used by municipalities. . Excellent oral and written communication skills. 0 Excellent planning and organizational skills. Excellent keyboarding and typing skills. - Excellent skip tracing techniques. 0 Knowledge of various City of Phoenix departments and their functions. . .qm CITY OF EL EMPLOYMENT OPPORTUNITY I ?Celebrating Over 50 Years and a Focusing on the Future? OPENING DATE: February 9, 2005, 8:00 am. . CODE INSPECTOR I (STARTING SALARY D.O.Q.) CLOSING DATE: Open Until Filled JOB SUMMARY: This position performs a wide variety of duties including skilled building, neighborhood enhancement, and nuisance. rental housing, sign and/or zoning inspections. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and poiicies of the work unit. Employees in this class are expected to work independently, exercisingjudgment and initiative. ESSENTIAL FUNCTIONS: The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. KNOWLEDGE, SKILLS AND OTHER CHARACTERISTICS: Inspects a variety of construction sites and projects to ensure compliance with the international'Building Codes. Respond to complaints from the public, orally and in writing. investigate possible violations Of City nuisance zoning and/or sign codes; identify violations, properties and signs not in compliance and follow-up with warning notices and citations to ensure compliance with city codes. Work with citizens, property and business owners to correc violations. Carry out preventive enforcement and conduct field inspections; patrol assigned areas of the City to Ocate and observe violations of city codes including signs, zoning, nuisance, environment, swimming pool, neighborhood enhancement and health and safety ordinance violations. Provide field inspection information for plan check of working drawings; photograph sites before, during and after construction, renovation, and remodeling. - Ensure compliance of landscape, lighting, mechanical screening, fence details, irrigation systems, and other related systems for department approval; inspect and photograph development sites to provide process information; provide. design aesthetics and construction information and-recommendations. inspect and approve landscape and building plans for City ordinance compliance prior to issuing occupancy permits. Inspect and review construction plans and permit applications for conformance with City sign codes; issue sign permits and follow up to ensure compliance with permit approval. Assist in designing and reviewing landscape plans for conformance to applicable zoning ordinances, supervise and coordinate landscape installations; provide technical information and recommendations concerning design aesthetics, construction, lighting and landscape. Assist with special studies on public facilities, area plans and design review functions. - Research case histories, approval documents, approved blueprints, property ownership records, sales tax licenses, aerial photos, utility records and other related documents as necessary. Provide information to the public, other City departments, architects, engineers, contractors, and interested parties regarding sign,'zoning, design and other ordinance reguiations, variances, related department programs and departmental policy. . Prepare reports, document inspections, issue notices or letters photograph property conditions and maintain required records. Use computer database for reporting and record keeping. - Prepare cases forcourt actions, assist Attorney's office in determining appropriate disposition of outstanding cases; testify in court. Inventory newly annexed areas and property contained therein. Perform related duties as assigned. KNOWLEDGE, SKILLS AND OTHER CHARACTERISTICS: Knowledge of: City codes, zoning code, ordinances, laws and regulations pertaining to zoning, environment, nuisance issues, building and health and safety. MIGRATION REFORE ACT To conform with the Immigration Rate. .1 Act of 1986, the City of El Mirage must vl'e. the right to work in the United States of every individual hired. In the event you are selected, you will be required to provide the appropriate documents to Human Resources. Failure to provide these documents will result in termination. BENEFIT PROGRAM . Days Annual Paid Vacation (through 2nd year, progressive to 20 days afterthe 10?h year) 10 Paid Holidays 1 Floating Personal Day Paid Sick Leave Paid Employee Health and Dental Paid Employee Life and Accidental Death and Dismemberment Insurance Arizona State Retirement System (civilian employees) Public Safety Personnel Retirement System (certified police and fire employees) Deferred Compensation Program Credit Union Membership Tuition Assistance Program Uniform Allowance Come Join Our Team! We Value: Innovation Creativity Teamwork Customer Service Excellence Ethical and Legal Behavior Respect Qty 0/ Mirage ?uman leedource? :De/aarlmenf 26 Ci 623) 935-5672 51., (623) 933-5679 City of El Mirage CONDITION OF EMPLOYMENT I agree and understand that any offer of employment from the City of El Mirage is contingent upon successfully passing a drug/alcohol screening test and background investigation, which includes a reference and criminal history records check, and that the complete results may not be available for two months or more. I understand that failure to successfully pass the above processing will result in the City of El Mirage rescinding any offer of employment or will result in termination of employment. 1 further agree and understand that if I am employed with the City of El Mirage and Information is received which would otherwise disqualify me from employment, I will be subject to disqualification and dismissal from employment with the City. I Date Social Security Number Employee?s Printed Name cc: Personnel File mi rage.org (if? 0/ mileage ?uman Rear/weed gaparfmenll Km- 26 (623) 935-5672 (623) 935.5579 MEMORANDUM TO: NEW EMPLOYEES OF THE CITY or EL MIRAGE FROM: CHRISTINE M. NUNEZ, HUMAN RESOURCES DIRECTOR SUBJECT: PERSONNEL POLICIES AND PROCEDURES MANUAL Attached to this memorandum is a copy of the City of El Mirage Policies and Procedures Manual, which was adopted by the City Council on March 14, 1988. 3 Please Sign the following statement certifying that you received a copy of this manual. I, 244%3?w . hereby certify that on this 09received a cdpy of the City of El Mirage Personnel Policies and Procedures Manual. I understand that after reviewing the policies, if any section in the manual is unclear, I will be given" an opportunity to ask that it be explained. Employee?s Name (Signature) ?4 7an x?mi Employee?s Nanie (Printed) Memo To: ALL DEPARTMENTS From: Patrick Timlin, information Technology Department cc: Richard Yost. City Manager Date: July 3, 2003 Re: Access to AOL, Yahoo, and Microsoft instant Messaging Systems Effective immediately. access to instant messaging systems are blocked from use by any computers attached to the city?s intemet system. Many or the new strains of computer vimses are using the protocol to propagate the virus across the intemet. IRC is the base protocol that these instant messaging programs use to communicate. By not allowing access, the City will reduce its vulnerability to computer virus infections. Also, since AOL is extremely unforgiving and likes to force unwanted programs on unsuspecting users, anyone who has AOL installed on their City computer needs to contact me immediately so I can schedule the removal of any America On?Line components. City computers should be used for of?cial buSiness only. The use of instant messaging services and outside e-mail services other than cityofelmirageorg, the of?cial e-mail system for the City. is not sanctioned nor supported by the IT Department and should not be used. Any questions or concerns should be directed to me at 623-980-9989 or 623-876-2950. Thanks for your cooperation. Patrick J. Ti Information Technoiogy Manager El Mirage. Arizona City of El Mirage Administrative Policies SECTION: INFORMATION TECHNOLOGY CATEGORY: COMPUTER SYSTEMS TOPIC: E-MAIL USAGE 3? REFERENCE NO: AP04-020 EFFECTIVE DATE: February 1, 2004 REVISION DATE I NO: PURPOSE: The primary purpose of electronic mail is to allow for efficient communications with City staff, vendors, citizens, peers, and other individuals with whom the City does business. This policy serves as a guideline for employees concerning proper use of City E?mail. POLICY: E-mail access is provided to City employees for the sole purpose of providing efficient communications with City staff, vendors, citizens, peers, and other individuals with whom the City does business. E-mail utilizes the internet, which is a public network. E-mail should be considered public in nature and can be intercepted and read by anyone with the knowledge to do so. Confidential information should not be sent via e-mail without proper message The City's e-mail system currently does not support message . E?mail is the primary entry source for computer virus infestations. Care should be taken when accepting e?maii file attachments. All attachments must be screened for viruses before opening them. The E-Mail system should not be used as an individual file system. Messages should be reviewed and deleted as required. Required messages and attachments should be saved to subdirectories on individual drives or network drives as needed. Administrative Poiicy - or 4 Inlormatlon Technology Department E-Mail Usage Administrative Policy - E-Mail Usage (cont) Network Share drives should be utilized whenever possible for file sharing, instead of sending attachments to multiple mail recipients. All electronic e?mail correspondence sent from the City must include a signature block that includes the sender?s name and job position. RESPONSIBILITIES User A. Acceptable Uses 1. Any use of the electronic e-mail system to conduct City business that is consistent with the organization?s mission, vision, and goals. 2. Any use of the e-mail system as authorized by the immediate supervisor, provided that it does not violate any other City policy, ordinance, or laws. Prohibited Uses . Personal or commercial uses are prohibited except where allowed by the Internet Use Policy, any other approved City policy, or consent of the immediate supervisor. Solicitations, including charitable campaigns, except as specifically authorize by the City Manager or as part of an official, City sponsored event. Sending or forwarding chain mail or other mass mailings that are not of a business nature is prohibited. Sending messages that are of a commercial, religious, or political in nature is prohibited. Sending messages that promote a personal view or opinion of a societal issue or cause is prohibited. Sending any message that could be viewed as sexually explicit or discriminatory based on race, national origin, gender, sexual orientation, age, disability, religion, or political beliefs is prohibited. Administrative Policy Information Technology Depanment E-Mail Usaqe 20t4 Administrative Policy? E-Mail 3 (cont) 7. Use by non-employees is prohibited. Only employees or approved volunteers may use the electronic email system. 8. Attempting to breach security or falsely take the identity of another is prohibited. 9. Transmitting viruses, mail, or any other type of unsolicited mail is prohibited. 10. Infringing on copyrights or violating any other local, state, or federal laws is prohibited. C. Privacy and Ethics 1. By its nature, electronic mail is not private and has the potential to be purposely or accidentally read by others. 2. The public can inspect electronic e-mail when allowed by law. 3. The purchase of software is not allowed without the knowledge and consent of the Information Technology Department. 4. Do not send messages that may be viewed as harassing or offensive to others as defined by the City?s Code of Conduct or other Human Resources policies. 5. Use good judgment when subscribing to mailing lists. Make sure you know how to unsubscribe to these lists. Do not subscribe anyone else to a list. 6. City e-mail should be used for City business only and should not be used as a substitute for a personal e-mail account. 7. Remember, all electronic e-mail correspondence sent by you represents an official communication of the City. 2. information Technology A. The information Technology Department performs daily back?ups of all e-mail systems. These back-ups are archived for a period of one month. Administrative Policy I . 3 4 Information Technology Department . E-Mail Usaoe Administrative Poiicy E-Mail Usage (cont) B. The Information Technology Department utilizes virus and content scanning programs to identify and quarantine suspect e-mail. C. Public Records Requests for e?mail may include all received and sent e-mail messages. The Information Technology Department will utilize tape back-ups and current mailbox content to collect requested information. All captured e?mail messages are kept on tape back-up for a period no longer than one month. D. Information Technology Department will create and maintain user electronic e-mail accounts and access rights. E. Information Technology Department may implement individual mailbox size restrictions and e-maii attachment size restrictions as needed to ensure ef?cient use of City resources. POLICY VIOLATIONS Any and all functions you perform while using City equipment and resources is considered public in nature and can in no way be considered personal or private. The City reserves the right to inspect employee e-mail, computer files, and desk files at any time. Employees are accountable for any actions which cause them to violate this policy. Any violations of this policy may result in e-mail access revocation, along with possible progressive disciplinary action. 9234/ Wm Approval 1 Date Administrative Poticy 4 of 4 Inlormallon Technology Department E-Mail Usage CITY OF EL MIRAGE ADMINISTRATIVE SECTION: FINANCE CATEGORY: EQUIPMENT USE: TELECOMMUNICATIONS TOPIC: USE OF CELL PHONE and PAG-ERS REFERENCE NO.: - EFFECTIVE DATE: . March 1-5, 2004 I REVISION STATEMENT OF POLICY PURPOSE: The City Of El Mirage has Chosen to incorporate wireless pagers and mobile cellular telephones to communicate within the City?s work environment to improve communication with its mobile work force. - Historically, the City has been Charged for amount of usage. Although. wireless pager billing has primarily Changed to a flat rate, cellular phones use a formula that includes an amount for number of minutes used. This Opens up the possibility for misuse of this equipment by using the pager or cell phone at City expense for unauthorized communications. APPLICABILITY: This policy was established to provide guidance as to proper use of pagers and cellular phones, reasons to issue pagers or cell phones, definitions of misuse, and City reimbursement policy for misuse. The Policy applies to all uses of City- Issued Pagers and Cell Phone. PROCEDURES: 1. Proper Use Pager and Cellular communications are to be utilized for Official City business. A courteous, friendly, professional greeting should be used when answering a City owned cell phone. Personal use of pagers and cell phones should be kept to a minimum and any cost incurred for any use other than City business will be reimbursed to the City. 3' i" r? I APPROVAlifii'irj-Jmi-S City Manager Elna??F? 2. Issuance Pagers and cell phones represent mobile communications and should be issued as such for work requirements that indicate mobility or to extend the office communications beyond normal business hours or location. The following are guidelines for determining if an individual meets the requirements to utilize mobile telecommunications. a. The individual spends part of his/her time away from the office in performanCe. of his/her assigned work . b. ?The individUal is required to be reachable (on?call) during non? business hours Table A, attached, shows guidelines to be used to determine when to issue a pager or a cell phone. 3. Reimbursement For Personal Use Using pagers and cell phones for personal uSe, although not totally avoidable, should be held to a minimum. Personal use of pagers and cell phones are considered the same as using City funds for personal use. a. Cell Phone: The City may be charged a specific amount by the - minute for usage on cell phones and can be charged per page for pagers. Individuals are expected to reimburse the city for any actual charges incurred for personal use such as: i. Roaming and associated taxes ii. Long distance and associated taxes Actual minutes computed at a rate equal to the actual charge or equal to the total cost of pooled minutes divided by the total number of pooled minutes as computed by the finance department, whichever is applicable. Example: $1800 pooled minute charge divided by 34000 pooled minutes equals .052 or 5.2 cents per minute - b. Use of Directory Assistance on cell phones is an added expense that currently costs the City $1.25 per occurrence. The use of Directory Assistance is considered unnecessary in most cases and is subject to reimbursement. - UNDER NO CIRCUMSTANCES SHALL A CELL PHONE, WHICH IS THE PROPERTY OF THE CITY OF EL MIRAGE, BE USED FOR NON-CITY BUSINESS PURPOSES OR ANY OTHER COMMERCIAL PURPOSE. THOSE DOING SO SHALL HAVE THEIR CELL PHONE PRIVILEGE REVOKED, PERMANENTLY. c. Pagers: Pagers are currently billed a flat rate per month and no additional cost is incurred by the city so no reimbursement is required; however, personal use'should be avoided since a personal use page can interfere with availability of the pager for an incoming official business page. 4. Responsibility for Original Purchases and Replacements Pager and Cell Phone costs are charged back to theindividual . departments. The Finance Department, Procurement Office will issue and track pager and cell phone equipment. Employee requests for new service must meet the requirements set in this policy and reviewed and approved by the City Manager. The Finance Department will issue a summary report of all cell phone usage to each Department Head, upon request. Department Heads will be responsible for enforcing the reimbursement policy for cell phones within their department. Reimbursements will be made payable to the City _of El Mirage.- Failure to make proper reimbursement to the City may subject the user to disciplinary action under City Ordinance or applicable State law. 5. User Acknowledqment of this Administrative'Policy and Procedure All new users and or users requesting replacements or changes to their service or equipment shall be required to sign this acknowledgment as a condition of their continued use of City-Issue Cell Phones or Pagers. I hereby acknowledge that have read and understand the City of El Mirage Pager and Cell Phone Policy. - Dated this 51/ day of {man? cstom- J??mw Employee inted? Name Er?gyee??natu?fe? Cell Phone Number/ Pager Number assigned: TABLE A USE BY CITY EMPLOYEES Pager Cell Phone One. way only communication'can be effectively utilized for work efficiency When 2 way communication is necessary for work efficiency Wireless RF two way radios Cell Phones with ?walkie talkie? function Wireless RF or 2'way radio equipment is insufficient due to lack of range or Special dual channel cell phones: Police Use with Chief of Police approval only. fUnctionality USE BY. ELECTED OFFICIALS Pager Cell Phone Recommended. In the event communications With each Council member is required, pagers are ideal in setting supplemental discussions. Subject to approval of the Mayor, cell phones may be issued to individual Council members when they. conduct City business, when acting as City representatives on committees, councils of government or other governmental functional bodies. Such usage is also subject to the terms of this policy. CITY OF EL MIRAGE DRUG FREE WORKPLACE SUBSTANCE ABUSE POLICY It is the desire andintention of the City ofEl Mirage (?the City?) to establish and maintain a safe, healthy working environment for all employees; to ensure the reputation of the City and its employees within the community and industry; to I reduce the number ofaccidental injuries to persons or property; to reduce absenteeism and tardiness and to improve productivity. It shall be the policy to the City that all employees are prohibited frombeing under the in?uence of alcohol or controlled substances or any other substance which impairs the employee?s ability to perform assigned duties during working hours. A controlled substance is de?ned as those drugs listed in Schedules I through of Section 202 ofthe Federal Controlled Substances Act, 21 U.S.C. ?312, and includes, but is not limited to, marijuana, cocaine (including ?crack? and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. Adherence to this policy is a condition of continued employment with the City. This policy will be administered in the following manner: 112,, The use, sale, possession, transfer, or purchase of alcohol or any I . controlled substance on City property or in a Cityvehicle, or while in the ser?uice ofthe City is strictly prohibited. Such act-ion will be reported .to appropriate law enforcement of?cials. 2. The use, sale, possession, transfer, or purchase of alcohol, or any? controlled substance on City premises or in a City vehicle, or during working hours may be cause for immediate termination. 3. Any employee using medication or prescribed drugs which may impair job performance shall report this fact to his/her Supervisor. 4. I The City may periodically require tests to be taken by any one or' more employees at a time of the City?s choosing during the course of employment. 5. As ofJanuary 1, 1993, all present employees will be subject to laboratory testing at a time of the City?s choosing and without notice to the employee. 6. Following any work related accident; an employee may be-tested. 7. Any prospective employee of the City may be required to submit" to and pass a laboratory test as a condition of employment with the City. 8. All tests, when requested, will be mandatory as a condition of. employment or continued employment, and may be given without notice at the discretion of the City and at City expense. . DRUG FREE WORK PLACE ACT OF 1988 As a condition of-employment, the employee agrees to abide by the Drug- Free Work Place statement. - This prohibits the unlawful manufacture, distribution, dispensation, possession, or use ofa controlled substance in the work place. A . violation of this agreement is grounds for discipline up to and including dismissal. .An employee who is convicted ofany criminal drug statute violation occurring in the work place must notify his/her employer'within ?ve (5) days after the conviction. I hereby acknowledge that I have read and understand the City ofEl Mirage?s Substance Abuse Policy and requirements of a drug-free work place. Dated this )Employee signature Supervisor signature CITY OF EL MIRAGE ADMINISTRATIVE POLICIES PROCEDURES SECTION: HUMAN RESOURCES PROFESSIONAL IMAGE AND WORKPLACE ATTIRE TOPIC: PROFESSIONAL IMAGE AND WORKPLACE REFERECE N0: EFFECTIVE DATE: February 1, 2003 REVISION I STATEMENT OF PURPOSE: The City of El Mirage believes that the success of a business is determined, in part, by establishing and maintaining a proper business atmosphere. This is determined by the image employees project as well as the manner in which they conduct business. In an effort to ensure professionalism and promote quality customer service, the City of El Mirage has established guidelines for acceptable dress and appearance for all employees. Attention to cleanliness, grooming, and attire is expected of all employees as a demonstration of respect and consideration for other employees and for the customers we serve. The appearance of all employees contributes signi?cantly to the reSpect which others have for us as a business organization. On the matter ofpersonal appearance, you are expected to Observe the neatness and good taste that are consistent with the dignity of your position and surroundings. In working with the public daily, employees are expected to maintain high personal values to ensure that clothing and grooming standards are appropriate for the work setting and are not objectionable to coworkers and/or the public. This policy was established with consideration to What is generally accepted by the business community as appropriate, and employees shall adhere "to these guidelines at all times during business hours. Separate guidelines have been established for employees, and department and division heads. This policy will apply to all individuals representing the_City full-time and part?time regular employees, contract employees, temporary employee, independent contractors). Independent contractors contracted by the City to perform work in City offices auditors, engineers, etc.) shall wear a City?issued visitor identi?cation badge. A. Employee Dress Code During business hours, each employee is expected to wear appropriate clothing and maintain the standard of personal grooming as required by their position. Employees should present a clean and neat appearance, keep safety in mind when selecting their attire, and wear clothing in If . Professional Image and Workplace Attire Policy accordance with the requirements of the position held. All employees shall wear at all times a City?issued employee identi?cation badge, department issued nametag, or departmental insignia on a uniform that identi?es them as a City of El Mirage employee. All of?ce employees (excluding those required to wear a uniform), unless Otherwise directed by the Department Head, shall wear professional attire during City of El Mirage business hours. Professional attire is de?ned as: Women Men Dresses/skirts Dress pants/slacks Dress pants/slacks Collared shirts/sweaters Blouses/collared shirts/sweaters Ties Knit shirts tickets/suits (optional) ackets/suits (optional) All ?eld and recreation employees (excluding those required to wear a uniform), unless otherwise directed by the Department Head, shall wear business casual attire during working hours. Business casual attire is de?ned as: Women Men Dresses/skirts Dress pants/slacks/khakis/jeans Dress pants/slacks/ldiakis/jeans Collared shirts/sweaters Blouses/collared shirts/sweaters Knit shirts Knit shirts Jackets/suits and ties (optional) ackets/suits (optional) Jeans may be worn on a Casual Day, or approved by the Department Head for a safety/business necessity, as long as they are presentable (clean, neat, and ?t well). Jeans that are faded, have holes, patches, writing or logos are not acceptable. Unacceptable items that do not project a professional business image include the following, but not limited to: 0 Active wear (sweatpants, sweatshirts, wind suits, exercise wear, etc.) - Jeans of any color unless approved for a safety/business necessity, or on an approved Casual Day. 0 Overalls - Hats unless approved for a safety/business necessity Tee-shirts - Any apparel that is tight??tting and/or revealing (low cut, sheer, Spandex, etc.) - Any apparel or accessories with mottos, written expressions, written logos, etc. 0 Tank tops - Spaghetti straps - Sleeveless tops and dresses - Capri Pants 0 Mini Skirts (shorter than 1 inch above the knee) - Slitted Skirts (Slitted more than one inch above the knee) Professional Image and Workplace Attire Policy 0 Shorts, unless approved as part of a uniform (?re?ghter, police officer) 0 Athletic Shoes, unless approved as part of a uniform - Beach style ??ip flops?, thongs, or flat sandals. Employees who arrive at work inappropriately dressed will: 1. Be sent home by their supervisor and directed to return to work in proper attire. 2. Employees classified as non?exempt under the Fair Labor Standards Act will not be compensated for the time away from work. Employees classi?ed as exempt under the Fair Labor Standards Act (FLSA) will not received a reduction in pay, as required under the FLSA, but shall be disciplined in another form verbal/written reprimand, etc.) Department Heads, with City Manager approval, retain the discretion to establish appropriate clothing guidelines for their work area under the policy stated above and to determine if uniforms are to be wom. B. Department and Division Head Dress Code During business hours, each Department and Division Head is expected to wear appropriate clothing and maintain the standard of personal grooming as required by their position. During business hours and when meeting with citizens and the public, Department and Division Heads are required to wear professional attire. Department and Division Heads include but are not limited to the following positions: Department Head City Manager Assistant City Manager City Clerk Community Development Director Community Services Director Presiding Judge Finance Director Fire Chief Human Resources Director Information Technology Manager Police Chief Public-Information Officer Public Works Director Division Head Economic Development Administrator RedeveIOpment Administrator Building Of?cial - CAP Director Senior Center Director Court Administrator Recreation Manager Assistant Finance Director Battalion Chief (when not in uniform) Police Lieutenant (when not in uniform) Engineering Project Manager Streets Supervisor (when not in uniform) Water Supervisor (when not in uniform) I WWTP Supervisor (when not in uniform) Professional Image and Workplace Attire Policy Business casual is acceptable on Fridays, or other days as approved by the City Manager, unless meeting with the City Council or the public. All Department and Division Heads shall wear at all times a City?issued employee identi?cation badge, department issued nametag, or departmental insignia that identi?es them as a City of El Mirage employee. Professional attire is de?ned as: I: Women Men Dresses Dress pants/slacks Dress pants or skirts with Jacket Dress Shirt or Sweater Dress Blouses Ties Suits (Optional, except when Suits (optional, except when meeting with the City Council meeting with the City Council or or public) public) Business casual is de?ned as: Women Men Dresses/skirts Dress pants/slacks/khakis Dress pantS/slacks/ldiakis Collared shirts/sweaters Blouses/collared shirts/sweaters Knit shirts Knit shirts ackets/suits and ties (optional) ackets/suits (optional) As long as no public meetings are being held, Department and Division Heads may wear jeans on a Casual Day, or for a safety/business necessity (moving boxes, ?eld work, etc.) Jeans must be presentable (clean, neat, and ?t well). Jeans that are faded, have holes, patches, writing or logos are not acceptable. Unacceptable items which do not project a professional business image includeActive wear (sweatpants, sweatshirts, wind suits, exercise wear, etc.) Jeans of any color unless approved for a safety/business necessity, or on an approved Casual Day. Overalls . Hats unless approved for a safety/business necessity Tee-shirts . Any apparel or accessories with mottos, written expressions, written logos, etc. . Any apparel that is tight and/or revealing (low cut, sheer, Spandex, etc.) Tank tops Spaghetti straps . Sleeveless taps and dresses . Capri Pants . Mini Skirts (shorter than 1 inch above the knee) l3. 14. 15. Slitted Skirts (Slitted more than one inch above the knee) Shorts, unless approved as part of a uniform (?re?ghter, police of?cer) Tennis Shoes, unless approved as part of a uniform 4 Professional Image and Workplace Attire Policy 16. Beach style ??ip ?ops?, thongs, or ?at sandals. Department and Division Heads who arrive at work inapprOpriately dreSsed will: 1. Be sent hOme and directed to return to work in proper attire. 2. Department and Division Heads classi?ed as exempt under the air Labor Standards Act (FLSA) will not received a reduction in pay, as required under the FLSA, but shall be disciplined in another form verbal/written reprimand, etc). Any Division Heads that may be classi?ed as non?exempt under the Fair Labor Standards Act will not be compensated for the time away from work. C. Body Piercing and Tattoos. Body piercing, including ear piercing, and tattoos are expected to be discreet, appropriate and not conspicuous to the customers and the general public we serve. Department Heads retain the discretion to prohibit such body piercing and jewelry if it poses a direct threat of safety to the employee and/or others, or is otherwise inapprOpriate. D. Exceptions 1. Summer Season. Summer season is de?ned as the time period between May 1 and . September 30, or when the temperature reaches 100 degrees, whichever comes ?rst. Sports Jackets, Suit Jackets, and ties are optional during the summer season. .2. Casual Day. One day of the week will be Speci?ed as Casual Day city?wide. Employees may wear business casual attire on Fridays or any other day speci?ed as Casual Day by the City Manager, unless meeting with the City Council or the public. 3. Uniforms. Department Heads, with City Manager approval, retain the discretion to establish appropriate clothing guidelines for the work area and to determine if uniforms are to be worn. Uniforms must also comply with any OSHA/Safety requirements. Employees who are required to wear and maintain uniforms pursuant to departmental policies will either receive a uniform allowance as determined through the budget process or will be issued a uniform consistent with the speci?c job classi?cation. Employees are required to wear and maintain uniforms consistent with the departmental policy. All employees shall wear at all times a City?issued employee identi?cation badge, department issued nametag, or departmental insignia on a uniform that identi?es the individual as a City of El Mirage employee. 4. Retreats, Training Sessions, Special Events. Notice will be given in advance if attire other than professional or business casual is acceptable. E. Responsibility 1. Department Heads. Department Heads have the responsibility of following all city and departmental policies and procedures in addition to ensuring their employees follow all city and departmental policies and procedures. Department Heads are reSponsible, with City Manager approval, to establish appropriate clothing guidelines for their work area, 5 Professional Image and Workplace Attire Policy Within the parameters of this policy, and to determine if uniforms are to be worn. Failure to follow this Administrative Policy may result in disciplinary action up to and including termination pursuant to Article 6 of the City of El Mirage Personnel Policies and Procedures. 2. Employees. Employees have the reSponsibility to follow all city and departmental policies and procedures. Failure to follow this Administrative Policy may result in disciplinary action up to and including termination pursuant to Article 6 of the City of El Mirage Personnel Policies and Procedures. I hereby acknowledge that I have read and understand the City of E1 Mirage?s Professional linage and Workplace Attire Policy. Dated this day of 20 07. We?? Employee Printed?Name WmI?w?a? Employee Signal-LIFE", DATE QA?/aii .- CITY MANAGER I . APPROVAL: #4047 9%97? CITY OF EL MIRAGE ADMINISTRATIVE POLICIES PROCEDURES SECTION: ADMINISTRATION I CATEGORY: USE TOPIC: USE OF CITY VEHICLES REFERENCE NO: AP03-013 EFFECTIVE DATE: March 31, 2003 REVISION STATEMENT OF PURPOSE: The purpose of this policy is to establish standard requirements and procedures for City ofEl Mirage employees who are assigned a city?owned or leased vehicle in the course of providing City services and conducting City business. This policy is intended to ensure the safety and well-being of City employees; to facilitate the efficient and effective use of City resources; to minimize the City?s exposure to liability; and to monitor" the use of city-owned vehicles. POLICY: A. Assignment of City Vehicles Upon the e?ective date of this policy, the assignment of City vehicles during work hours shall require the approval of the Department Head. Assignment of City vehicles for take home use requires the approval of both the Department Head and City Manager and shall be limited to employees with reSponsibility for ongoing and recurring time critical emergency responses requiring both direct transportation to the site of the emergency and specialized equipment in the City vehicle. Employees who have been authorized to take home a City vehicle shall secure the vehicle in a safe location such as driveway or garage. City vehicles shall not be parked on the street. Employees who are authorized by individual contract may be assigned City vehicles in accordance with this policy temporary contract employee providing building inspection services). Use of City Vehicles City vehicles shall only be used for the purpose of conducting of?cial city business. City vehicles will not be used for personal business including, but not limited to, taking family Administrative Policy Use ofCity Vehicles or . Reporting Accidents members to school or work, shopping for groceries, banking, or any other personal errand. City vehicles shall not be taken home during an employee?s work hours unless there is an emergency. In the event of an emergency and an employee takes a vehicle home, the employee is required to notify his or her supervisor prior to arriving home, or as soon as possible upon arriving home. City vehicles may be taken to restaurants or eating establishments during approved lunch and/or dinner breaks either in. the City of El Mirage or neighboring cities, but/not more than a ?ve mile radius of the City. No more than three city vehicles shall be taken to a restaurant or eating establishment at one time. This pertains to all city vehicles regardless if the vehicles are from different departments. Vehicles are required to be turned Oh" when not in use, and when the employee exits the vehicle. City vehicles shall not be kept running when not in use, unless there is a necessity to keep the inside of the vehicle cool due to property and/or equipment (computers, canine of?cer). The use of City vehiclesgfor overnight and out-of?town travel shall be governed by the rules outlined in the City?s Travel Policy. - Authorized Operators All operators of City vehicles shall be a City ofEl Mirage employee and possess a valid Arizona driver?s license of the proper class. Non-City of El Mirage employees shall not be allowed to ride in City vehicles unless it is within the course of official City business prisoners, city guests, etc). . Employees are responsible for notifying their supervisor and Human Resources if their license is suspended. In the event of a license suspension, vehicle use privileges will be suspended and may be terminated. Employees are also required to notify their supervisors of any traf?c violations received while in possession of, or while operating a City vehicle. . i All drivers and City business travelers must wear seat belts and obey all tra?c laws. Employees are strictly prohibited from Operating a City vehicle while under the in?uence of I alcohol or illegal drugs, and horn using prescription or over-the?counter medication which may impair their ability to safely operate a motor vehicle. - Vehicle Logs Every City vehicle shall have a vehicle log in which employees shall maintain a report of their usage. - I In the event of an accident, the employee driving the vehicle shall immediately notify his/her supervisor and the nearest Police Department to report the accident and complete a ?ll] accident report. Copies of the completed accident report shall be forwarded to the employee?s - . Adminiah . U34: or Cigtf?ciir?rg 3 Pupervisor, and to the City Clerk for the purpose of filing a claim with the City?s liability 1I?AS?dral/lce carrier. VEillicle Maintenance EY?ployees must comply with any preventative maintenance programs which may be required by the City. A copy of vehicle registration and proof of insurance shall be maintained inside eaCh vehicle at all times. Vehicles shall be kept free of litter and debris, andihe physical appearance of the vehicle must create a good impression. Vehicles must have City of El Mirage identi?cation visibly af?xed, with the exception of unmarked police vehicles. R??ESpIJnsibility a. Department Heads. Department Heads have the responsibility of following all city and departmental policies and procedures in addition to ensuring their employees follow all city and departmental policies and procedures. Failureto follow this Administrative Policy may result in disciplinary action up to and including termination pursuant to Article 6 of the City of El Mirage Personnel Policies and Procedures. Employees. Employees have the responsibility to follow all city and departmental policies and procedures. Failure to follow this Administrative Policy may result in disciplinary action up to and including termination pinsuant to Article 6 of the City of El Mirage Personnel Policies and Procedures. I pOEiftby acknowledge that .T. have read and understand the City of El Mirage?s Use of City Vehicles ?3 thi; day of - 204.0 122 422270??! Mew/J ainc . CITY OF EL MJRAGE . POLICIES PROCEDURES SECTION: . HUMAN RESOURCES CATEGORY: HARASSMENT PREVENTION TOPIC: . - WORKPLACE HARASSMENT AWARENESS NO: "Apoz?on I EFFECTIVE DATE: II August 19, 2002 REVISION STATEMENT OF PURPOSE: POLICY: A General Harassment The following examples, although not all inclusive, are common ofthe types ofconduct that may constitute sexual harassment: - - Slurs, jokes, or degrading comments of a sexual nature - Unwelcome sexual advances 9 Sn" Live or lewd remarks or okes - Unwelcome hugging, touching, or kissing I Request for sexual favors 0 Repeated offensive sexual flirtation or propositions - The display of sexually Suggestive pictures or objects - Unwelcome physical contact or touching such as patting, pinching or brushing against another?s body . Reporting Procedures of harassment must report the matter irnmediately to one of the following persons: 1. His or her immediate supervisor 2 Any manager or supervisor within or outside the employee?s regular departinth 3. Department Head 4. Human Resources Director 5 City Manager person alone is not suf?cient. A report must be made to someone other than the person believed to be the harassment. All employees, supenrisnrs and managers are r" '1 Although complete confidentiality of such complaints cannot be guaranteed, the City shall. endeavor to treat such complaints with as much con?dentiality as possible. The City cannot ignore any complaint, and cannot honor a request that nothing be done about a complaint. E. Disciplinary Procedure I After reviewing the facts of the investigation, and if harassment is found to have occurred, the employee whose conduct is considered harassing shall be subject to appropriate disciplinary action,- to be determined in consultation with the Human Resources Director. Disciplinary action shall be taken depending on the circumstances and variables of each individual situation. Each incident will be handled on a case-by?case basis and all the circumstances and variables reviewed in determining the appropriate action. Disciplinary action may range from verbal counseling to termination. In case of any apparent con?ict between the reporting and investigation procedure in this policy, and . any grievance or open-door policy now in place or implemented herea?er, the terms of this policy shall control for complaints or concerns involving harassment as described herein. I hereby acknowledge that I have read and understand the City of El Mirage?s Workplace Harassment Policy, and requirements of a harassment ?ee workplace. Dated this Lday of I, 1., 2025: . Employ?e Printed? Name Employee Sim Newsagge 1/0? La) 0/ ?yirage \Munan lea/Souer eparl?menf PO. 26 67 (627)9155072 {623) 935-5679 CITY OF EL MIRAGE Authorization for Release of Information 1, ?421?? HEREBY AUTHORIZE and release from any and all liability, any and all individuals, partnerships, corporations, government agencies, military agencies, including City, County, state, and Federal entities to release, furnish, and exchange any and all available information, for the determination of my suitability for employment with the City of El Mirage. ?g Signature Date Social Security Num ber cc: Personal File City of El Mirage Employee Performance Review Development (Revision Date: Employee Name Anthony Kern Job Title Code Enforcement Of?cer Department Police Review Due Date May 1, 2013 Achievement Levels (5) (4) (3) (2) 1) Exceptional: Signi?cantly exceeds position?s performance standards; performance substantially exceeds performance of others at similar position levels. Exceeds Standards: Exceeds position?s performance standards; performance exceeds that of most others at similar position levels. Meets Requirements: Meets position?s performance standards; performance which is expected from experienced and quali?ed individuals. Improvement Required: With few exceptions, meets position?s performance standards and has potential, with additional training, to meet requirements. Unsatisfactory: Does not meet position?s performance standards; performance is clearly below adequate; requires substantial remedial training. Performance Standards GENERAL PERFORMANCE STANDARDS 1. Job Knowledge Skills 2. Quality of Work 3. Productivity (Quantity of Work) 4. Planning Organizing 5. Compliance with Policies Procedures 6. Service, Teamwork, Interpersonal Skills 7. Communication Skills 8. Safety Use of Resources 9. Demonstrated Professionalism 10. Willingness to Learn, Change, and Improve DEPARTMENT SPECIFIC PERFORMANCE STANDARDS 11. Investigative Ability 12. Report Writing Ability 13. Commitment to Community Policing SUPERVISDRYIMANAGERIAL PERFORMANCE STANDARDS 14. Supervisory/Managerial Skills 15. Fair and Professional Leadership 16. Development of Individuals in the Work Unit 1 7. Departmental Effectiveness 18. Leadership Skills Ratings of 5, 4, 2, and I must be explained and attached. Overall Achievement Level Total Points Divided by the Number of Factors Rated i 13 I 4.1 Overall Rating Achievement Overall Level of Achievement Levels (5) CI Exceptional 4.5 5.00 (4) Exceeds Standards 3.5 4.49 (3) El Meets Requirements 3.0 3.49 (2) Cl Improvement Required 2.0 2.99 (1) El Unsatisfactory 1.0 1.99 1 Performance Evaluation Form El Mirage City of El Mirage Employee Performance Review Development Review Due Date May 1, 2013 Goals marked as Not Met must be explained in Supervisor?s Comments section Employee Name Anthony Kern Developmental Goals Set Last Review Period Met 1 Complete your re~i113pections within 3 business days of the due date. 2 Coordinate with your unit to host a public forum by the end of October 2012 3 Complete before and after pictures on every inspection. 4 Maintain your vehicle and equipment by tracking the routine preventative maintenance by the due date. New Goals must be job-related, time-bounded, attainable, and realistic Developmental Goals Set For Next Review Period 1 Complete your rc-inspections within 3 business days of the due date. lnfonn your supervisor of any unusual call or events which occur throughOut your shift. 2 3 Complete before and a?er pictures on every inspection. 4 Maintain your vehicle and equipment by tracking the routine preventative maintenance by the due date. Ratings of Meets Requirements (3) do not need to be explained. Ratings of 5, 4, 2, and 1 must have examples of the employee?s performance to justify the rating. Supervisor?s Comments: (This space expands as requlred) Anthony, Congratulations on another successful year with the El Mirage Police Department Code Enforcement Team. You have been with the City of El Mirage since March 20, 2005 (eight years). This is the second year assigned to the Police Department. It has been a pleasure working with you during the past two years. For this review period, you have not received any disciplinary actions, nor have you received any valid citizen complaints. As a Code Enforcement Of?cer you are responsible for enforcing the City Code Laws. When a new City Code law is added, you take the time to familiarize yourself with the law and enforce the law accordingly. You also work closely with other to understand and enforce new laws. Thanks for taking the time to become knowledgeable in this area. One of your stronger traits is the willingness to take on other tasks as assigned without hesitation. I appreciate your willingness to do so which shows you are a dependable employee. I am tasked with otherjob assignments within the department. With all my other assignments it is imperative that you keep me informed with your daily activities. I want to take this opportunity the thank yen for effectively keeping me updated on all your activities. When it comes to serving the community your works extends above and beyond the expectations. You continue to be a board member with the Arizona Hoarding Task Force. You work closely with neighborhood leaders by attending HOA meetings. The community can count on you to assist with anv Code Enforcement issues within their prospective neighborhoods. One example of this is the ommunity. This community had several parking issues and speeders. You patrolled the area and red tagged the vehicles with parking violations. You also worked with Photo Enforcement to have the vans placed in the neighborhood. This has resulted in fewer 2 Performance Evaluation Form El Mirage City of El Mirage Employee Performance Review Development A Employee Name _Anthony?ern Review Due Date ?a l, 2013 Supervisor?s Comments: complaints and reported parking violations have been minimal. Thank you for taking the extra steps and working?l closely with the community. I (This space expands as required) Anthony I want to thank you for your hard work and dedication to the City of El Mirage and the folks who live, play and work here. Your hard work not go unnoticed and i appreciate the extra steps you take to make the nit h' 'to l' IETEU cup?py ive anyfwor _m _l Supervisor?s SignaturezgmI 39?/ Date: Date: 1/19/17 0/0 a Employee?s Comments: YOU have 48 houn, excluding weekends and days (regularly scheduled days 011), to review and respond. You are encouraged to write comments here and attach additional page: If needed. lfyou do not wish to make commuteI should write ?Nona.? 7 a" ?aw 7244.414 700 64572-4 ma 1 474 1) 771-5 43 M6 i" fool lfwo rm?! CAM (fem a I v7?! '?oF?s?w?u?m 4V3 dawns/h? urns of!" ?uid/L01) 7?3 can/77H (1?29 ?ug doom? m? Fu 1? rut: Additional page(s) attache://- I Emplo?me?s Signature: ?ag-"i Dita? _Reviewed By: gm (Reviewer may attach comments) Distribu?ion: Original to Human Resources Copy to Employee Copy to Dept. Personnel File Rev. 1/1/08 3 Performance Evaluation Form El Mirage JUN gm ll City of El Mirage Employee Performance Review Development (Revision Date: 07f09f09) Employee Name Anthony Kern Department Police Job Title Code Enforcement Of?cer Review Due Date May 1, 2012 Achievement Levels (5) Exceptional: Signi?cantly exceeds position?s performance standards; performance substantially exceeds performance of others at similar position levels. (4) Exceeds Standards: Exceeds position?s performance standards; performance exceeds that of most others at similar position levels. (3) Meets Requirements: Meets position?s performance standards; performance which is expected from experienced and quali?ed individuals. (2) Improvement Required: With few exceptions, meets position?s performance standards and has potential, with additional training, to meet requirements. (1) Unsatisfactory: Does not meet position?s performance standards; performance is clearly below adequate; requires substantial remedial training. Performance Standards GENERAL PERFORMANCE STANDARDS 1. Job Knowledge Skills Quality of Work Productivity (Quantity of Work) Planning Organizing Compliance with Policies Procedures Service, Teamwork, Interpersonal Skills Communication Skills Safety Use Of Resources 9. Demonstrated Professionalism 10. Willingness to Learn, Change, and Improve DEPARTMENT SPECIFIC PERFORMANCE STANDARDS ll. Investigative Ability 12. Report Writing Ability 13. Commitment to Community Policing PERFORMANCE STANDARDS l4. Supervisory/Managerial Skills 15. Fair and Professional Leadership 16. Development of Individuals in the Work Unit Departmental Effectiveness 18. Leadership Skills Ratings of 5, 4, 2, and 1 must be explained and attached. Overall Achievement Level Total Points Divided by the Number of Factors Rated Overall Rating Achievement Overall Level of Achievement Levels (5) El Exceptional 4.5 5.00 (4) Exceeds Standards 3.5 4.49 (3) El Meets Requirements 3.0 3.49 (2) El Improvement Required 2.0 2.99 (1) El Unsatisfactory 1.0 1.99 I 1 Performance Evaluation Form El Mirage City of El Mirage Employee Performance Review Development Employee Name __Anthony Kern Goals marked as Not Met must be explained in Supervisor?s Comments section Review Due Date May 1, 2012 Not 1 Developmental Goals Set Last Revrew Period . . Met Met New Goals must be job-related, time-bounded, attainable, and realistic [_l)evelopmental Goals Set For Next Review Period 1 Complete your re-inspections within 3 business days of the due'date. 2 Coordinate with your unit to host a public forum by the end of October 2012 3 Complete before and alter pictures on every inspection. I 4 1 Maintain your vehicle and equipment by tracking the routine preventative maintenance by the due date. Ratings of Meets Requirements (3) do not need to be explained. Ratings of 5, 4, 2, and 1 must have examples of the employee?s performance to justify the rating. Supervisor? comments: (This space expands as required) Anthony, Congratulations on a successful year with the El Mirage Police Department Code Enforcement Team. You have been with the City of El Mirage since March 20, 2005 (seven years). On May 1, 201 I, you transferred from Community Development to the El Mirage Police Department under my supervision. City Code moved to the Police Department and several changes have occurred. Everything from new uniforms and radio usage to a new data base system. You helped design the new uniform and also were a strong support in making the App-Order data base an operating system. You have been working on the Code Enforcement policies and procedures and have been instrumental in developing protocol. Your willingness to learn and change has been invaluable. You have demonstrated willingness to take on other tasks as assigned and do so without hesitation. I appreciate your willingness to do so with little to no direction and you are a dependable employee. You are an effective communicator and I appreciate you keeping me updated on all activities. When it comes to serving the community your works extends above and beyond the expectations. in February you assisted construction crews while installing culvert gates. You coordinated with multiple agencies to remove the graf?ti in the culvert, and as a result, our community is a safer and cleaner environment. Another example of this is with the .?ask Force. During the course of your regular duties you were able to identify a problem area for which you sought a solution. In doing so, you reached out to other resources and formed a partnership to create an organization, Task Force that not only serves El Mirage but surrounding communities as well. Anthony I commend you for your professionalism along with all the hard work you do to make our city a safer and better place for all those who live, work, play and visit the City of El Mirage. Your friendly nature allows you to work close with administrative and line level employees. You are an employee who is respected by fellow Lemployees, City Council as well as the public. Thank for the hard work and dedication to the city and member of 2 Performance Evaluation Form El Mirage City of El Mirage Employee Performance Review Development Employee Name Anthony Kern Review Due Date May 1, 2012 supeWisor, Comments: (This space expands as required) the community. . . . Supervrsor?s Signature: ?93) Date; ?f/g Reviewer InitialW Datewz? Employee?s Comments: You have 48 hours, excluding weekends and days {regularly scheduled days off}, to review and respond. You are encouraged to write comments here and attach additional pages if needed. If you do not wish to make comments. you should write ?None.? Airs 63' 75? $0?th yew/- pat gay-2737M 155501491?55' Qew/ ?ea/s c2".sz .Wmima-b 71-; keen/?j QWUn-ig Warm" I . /17 (SW 71L Cami" :2 Ma?a {weave-Wu; C?faswtf?w /00 IL '?rmeaw?g Chem?? (33M W5 9/ be, 7L 773 qu?- i . - a {jit? wok??- .- 72, "72) 7'47?9 7 El Additional page(s) attached Employee?s Signature: Date: a, Reviewed By: Date: year/2- (Reviewer may attach comments) Distribution: Original to Human Resources Copy to Employee Copy to Dept. Personnel File Rev. 3 Performance Evaluation Form El Mirage Employee Receipt and Acknowledgement .I, (Printed Name) City of El Mirage, hereby acknowledge receipt of a copy of the City-of El Mirage an employee. of the. Employee Personnel Policy Manual dated July 11, 2008. II understand that my conduct as an employee of the City will be governed by the provisions of this policy and further understand that it is my responsibility as an employee of the City to read this manual, which 1 agree to do so. I further understand that this policy may be amended from time to. time as deemed necessary by management and/or the City Council. Date: a //335 Issued by: Human Resources Department (For the City of El Mirage) Please sign, date and return to the Human Resources Director within. seven (7) days of receiving this manual. . CW OF EL HUMAN RESOURCES SEP i 2003 RECEEVED Return to Human Resources CITY OF EL MIRA GE Human Resources Department 14406N. Alto Street, El Mirage, AZ 85335 EMPLOYEE ACKNOWLEDGEMENT AND 5 Anthony Kern By signing below, I hereby acknoWIedge 'reCeipt of a copy of the City of El Mirage Administrative Policy Use of City Vehicles Revised Oct 1, 2009. - I understand that my conduct as an employee of the City will be governed by the provisions of .A this policy and further understand that it is my responsibility as an employee of the City to read this policy, which I agree to do so. 1 further understand that this policy may be amended from time to time as deemed necessary by management and/or the City Council. Signed:/ Date: 0 ?7 Issued by: Human Resources Department (For the City of El Mirage) . - Please sign, date and return to the Human Resources Director by December 10, 2009 CITY OF EL MIRA GE Human Resources Department 14406 N. Alto Street, El Mirage, AZ 85335 EMPLOYEE ACKNOWLEDGEMENT AND Anthony Kern By signing below, I hereby acknowledge" receipt of a copy of the City of El Mirage Administrative Policy AP03-13 Use of City Vehicles Revised March 20] 0. I understand that my conduct as an employee of the City will be governed by the provisions of this policy and further understand that it is my- responsibility as an employee of the City to read this policy, which I agree to do so. I further understand that this policy may be amended from?time to time as deemed necessary by management and/or the City Council. Signed: 7 Date: 4/ Vj?v? /0 Issued by: Human Resources Department (For the City of El Mirage) Please Sign, date and return to the Human Resources Director by April 21, 2010. Police Department 14405 Palm Street, El Mirage 85335 623-433-9500; 623-933-1341; Fax 623-815-5322 TDD 623-933?3258; MEMOWBUM TO: Anthony Kern Code Enforcement Of?cer ROM: Craig Cormier (af?x Sergeant THRU: Terry A. McDonald Acting Police Chief SUBJECT: NOTICE OF WRITTEN REPRIMAND DATE: September 24, 2013 The purpose of this letter is to inform you of my decision following the disciplinary meeting with you on September 24, 2013, regarding the NotiCe of Intent to Discipline memorandum dated September 20, 2013. During our discussion you stated that you understood" that your actions brought discredit to the City of El Mirage. Furthermore, you stated that you would never repeat this infraction and if a minimum amount of discipline could be considered, you would be very appreciative. After considering your comments and circumstances, I have concluded that it is appropriate to proceed with the issuance of a written reprimand for violation(s) of City of El Mirage Personnel Policy as follows: 1) City Policy 5.5 ?Discipline System? (B) The employee has engaged in conduct, either during or outside of regular hours that causes discredit to the City. 2) Policy B, ?Use of City Vehicles? City vehicles shall only be used for the purpose of conducting official city business. City vehicles will not be used for personal business including, but not limited to, taking family members to school or work, shOpping for groceries, banking, or any other personal errands. 3) City Policy 1.9 ?Use of Public Property? 1) No employee of the City shall request, use or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for pro?t, for private use, or as part of secondary employment. Use of such City Property is to be restricted to the conduct of of?cial City business. 4) City Policy 7.2 ?Use of City Equipment and Vehicles? The improper, careless, negligent, destructive or unsafe use of operation of equipment or vehicles, as well as excessive or avoidable traf?c and parking violations, may result in disciplinary action up to and including termination of employment. Any future violations may result in further disciplinary action, up to and including, dismissal. eceipt of this Letter of Reprirnand. gag?; 5 Employee Signature Date GRAND TDD 623-933-3258; MEMORANDUM TO: Anthony Kern Code Enforcement Of?cer FROM: Craig Cormier 601/ Police Sergeant APPROVED BY: SUBJECT: NOTICE OF INTENT TO IMPOSE DISCIPLINE AND NOTICE OF DISCIPLINARY MEETING DATE: September 20, 2013 Consider this as written notice of a disciplinary charge against you for your failure to follow El Mirage City Policies pertaining to the use of City owned vehicles as follows: On Thursday, August 1. 20l3 at approximately 2:50 PM, you used your assigned City vehicle to travel to Barber Shop located at in Youngtown to get a haircut during your lunch break. More speci?cally, the basis for this action is in accordance with 5.5 of the City of El Mirage Personnel Manual for a violation of Section 5.5 (B) of the City of El Mirage Personnel Policy Manual which states, in pan: 1) City Policy 5.5 ?Discipline System? (B) The employee has engaged in conduct, either during or outside of regular hours that causes discredit to the City. 2) AP03-013 Policy B, ?Use of City Vehicles? City vehicles shall only be used for the purpose of conducting of?cial city business. City vehicles will not be used for personal business including, but not limited to, taking family members to school or work, shopping for groceries, banking, or any other personal errands. Clty 0f Police epartm alga 14405 Palm Street, El Mirage 35335 miwm 623-433-9500; 623-933-1341; Fax 623-815-5322 3) City Policy 1.9 ?Use of Public Property? (1) No employee of the City shall request, use or permit the use of City?owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for pro?t, for private use, or as part of secondary employment. Use of such City Property is to be restricted to the conduct of of?cial City business. 4) City Policy 7.2 ?Use of City Equipment and Vehicles? The improper, careless, negligent, destructive or unsafe use of operation of equipment or vehicles, as well as excessive or avoidable traf?c and parking violations, may result in disciplinary action up to and including termination of employment. You have the right to discuss the disciplinary charges and recommended disciplinary action of a one day (10 hours) suspension with Acting Police Chief Terry McDonald in accordance with Section 5.5.C of the Personnel Manual. A meeting has been scheduled for you with Chief McDonald for this purpose on Tuesday, September 24, 2613 at 11:99 AM in the Chief?s af?ee. In lieu of meeting with Chief McDonald, you may submit to me, any time before the scheduled meeting time, a written response to the disciplinary charges and reCOmmended discipline of one day (10 hours) suspension. - If you fail to appear at the scheduled meeting with Chief McDonald or fail to submit a written reSponse to Chief McDonald before the meeting, Chief McDonald will make a ?nal decision regarding the recommended discipline based on the information and material contained in and accompanying this Notice. The scheduled meeting or the optional written response is your opportunity to address the disciplinary charges and the recommended discipline before a ?nal decision is made whether or not to proceed with the one day (10 hours) suspension. . Please sign below. Your signature on this document is an acknowledgment that this matter has been discussed with you and you have reviewed this document. Your signature is not an indication of agreement or disagreement of the de?ciencies that are outlined in this document. a! I . ?Em?g?ww .. 4' 3? Employee Signature Date . RATIVE COMPLAINT CONTROL -. ORM Supervisor Initiated Investigation 8 Citizen Complaint of Police Misconduct Attachments: Yes No Control Number: l3-0l 6-CC Complainant LAST NAME HISTNAMB I. ORIGIN SEX 0w SS NUMBER Address: El Mirage Az 85335 MW A10 STRET CITY STATE ZIP COME ELEPHONE Mum Employer. com-aw AND amass mama": amen worm norms Records Checked: I No Record 1 See Narrative A. Checked: IE No History See Na_rrative Ermloyce Involved: Anthony Kern 1716 City Code Enforcement 93mm um Employee Involved: NAME SERIAL mm Dun' amount-T Emp loyec lnvolVed: - mm; NUMBER DUTY ASSIMT Witness: LASTNAME FIRSTM WIN SEX Dm ssmum Address: NUMBER AND STREET CITY STATE ZIPCODE EWIDNE NMER Employer: MANY AND MRESS rant-tom: NORM WORK HOURS Witness: LAST NAME I ORIGIN SEX 85 MJMBISR Address: MEMBER cm sum inform TEEPHONE men Employer: CMANY AND MIXES WORK ms Complaint Received: In Person Telephone Letter CI Fax Email Other Received By: Dr. Spencer lsom 8/01/13 1517 Sgt. Craig Connier #3231 (SJPEIV MY) DATE TIME Rm T0 Veri?cation letter sent to complainant: 8 Yes No If not, why? Investigating Supervisor: Connier Duty Assignment: Aminisu'ative Sergeant Findings of Complaint: Sustained Complainant Contacted at conclusion 12. Yes No Notice ofI-?ind?ggs served: Yes [3 If not, why? Location of Occur-mice: Date: 8/0l/ 13 Time: 1450 Complaint Incident Summary: On August 13!, 2013, Mr. ent an email to the City Manager, Dr. Spencer lsom, in reference to a marked City Code Enforcement truck parked at a barber shop . attached a hate it sho the truck arked in front of gaiber Shop; located in Levels of Review 44 A stemme WW EL MIRAGE POLICE DEPARTMENT Daft Date: srsr? mm'ssromruua l?inali'led me: BMPD Rev. 05/13 IA 13-016-CC ADMINISTRATIVE COMPLAINT CONTROL FORM THIS SECTION TO BE COMPLETED BY INVESTIGATOR AND SENT TO THE ASSISTANT CHIEF ?8 OFFICE UPON COMPLETION OF THE INVESTIGATION. INVESTIGATION NARRATIVE: For Administrative Investigation History: had one incident in El Mirage (E12041585). He was one of two complainants in reference to a barking dogs complaint. Of?ce Kern was not involved in this report. Mr. was stopped by Surprise Police Department in Surprise. No other contacts noted. Attachments: 1. Picture of City Code truck parked in front of Barber Shop 2. CD containing audio interviews with witnesses 3. Employee Receipt and Acknowledgements signed by Anthony Kern as follows: Receipt of City of El Mirage Policy Manual (signed September 10, 2008) Receipt of copy of City of El Mirage Administrative Policy Use of City Vehicles Revised October 1, 2009(signed December 10, 2009) Receipt of copy of City of El Mirage Administrative Policy 3 Use of City Vehicles Revised March 2010 (signed April 26, 2010) Allegation/s: Allegation I: On Thursday, August 1, 2013 at approximately 2:50 PM, it has been alleged that Code Enforcement Of?cer Anthony Kern used his assigned city vehicle to conduct personal business by getting a haircut at Barber Shop in Youngtown. An investigation was conducted and it was determined that this allegation did in fact occur and is in Violation of four (4) City of El Mirage Policies. Therefore, this allegation is sustained. Background/Introduction: On Thursday, August 1, 2013 Mr. The email asked Dr. lsom if the City allowed employees to use city owned vehicles to run personal errands such as haircuts. Attached to this email, Mr. provided a photograph showing an El Mirage Code Enforcement truck parked in front of Barber Shop located at . Barber Shop is approximately one mile from the City or El Mirage. The truck number was #5095, which was assigned to Code Of?cer Anthony Kern. sent an email to the City Manager, Dr. Spencer Isom. IA DETAILS OF INVESTIGATION: (Please refer to audio recordings for exact wording. Each of the following interviews are a summary only.) Interview with (Audio ?le WS330081 On Thursday, August 13. 2013 Mr. was contacted via telephone and the conversation was recorded. Mr. was asked if he could give details of the complaint. Mr. said he observed an El Mirage Code Enforcement vehicle parked in front of the barber shop. Mr. who knows Anthony Kern prior to this incident, advised that he observed Of?cer Kern sitting in the barbers chair getting a hair cut. Mr. company himself and realizes it is not common practice to allow employees to use company vehicles for personal use. Interview with Anthony Kern (Audio ?le WS330083) On Thursday, August 13, 2013 at approximatley 3:50 PM, Code Enforcement Of?cer Anthony Kern was interviewed in Sergeant Cormier?s of?ce. Prior to being interviewed, Of?cer Kern was provided with a Notice of Investigation, which he signed. Of?cer Kern said he does not recall the exact time, but he did use the city vehicle to get a haircut in Of?cer Kern knows this is a violation of policies and procedures. Of?cer Kern went on his lunch hour to get his hair cut. Officer Kem was asked if he had stopped anywhere else for lunch. Of?cer Kern said he did not and he ate snacks in his vehicle while patroling his assigned area. Of?cer Kern is an avid runner and he eats throughout the day. This is a common practice for exercise enthusiasts. CONCLUSION: Allegation 1: On Thursday, August I, 2013 at approximately 2:50 PM, Code Enforcement Of?cer Anthony Kern used his assigned city vehicle to conduct personal business by getting a haircut at Barber Shop in Youngtown, while on his lunch break. His use of the City vehicle was for personal business and as such is improper and in violation of the following City of El Mirage Personnel Policies: 1) City Policy 5.5 ?Discipline System? (B) The employee has engaged in conduct, either during or outside of regular hours that causes discredit to the City. 2) AP03-013 Policy B, ?Use of City Vehicles? City vehicles shall only be used for the purpose of conducting official city business. City vehicles will not be used for personal business including, but not limited to, taking family members to school or work, shopping for groceries, banking, or any other personal errands. 3) City Policy 1.9 ?Use of Public Property? (1) stated that he just wanted to report the incident because he owned a IA 13-016-CC No employee of the City shall request, use or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for pro?t, for private use, or as part of secondary employment. Use of such City Property is to be restricted to the conduct of of?cial City business. 4) City Policy 7.2 ?Use of City Equipment and Vehicles? The improper, careless, negligent, destructive or unsafe use of operation of equipment or vehicles, as well as excessive or avaidable traf?c and parking violations, may result in disciplinary action up to and including termination of employment. Finding: SUSTAINED Work/Performance History: Code enforcement Officer Kern has received no discipline in the past five years. Last 5 years of Performance Ratings: 2011 Exceeds Standards 2010 - Good 2009 Very Good 2008 Very Good 2007 - Very Good Recommendation: 1 day suspension (10 hours) SIGNATURE: DATE: C7230 3 SIGNATURE: DATE: REVIEWED BY: DATE: REVIEWED BY: I - I . DATE: gym/3 9ngJ/A? a; 222M399Wp'?ae. fur/VA?; Wt? #494 team (if? 0/ pagce gape:erer . . ?Serving the Community? Investigatlon Raylew Control Form Employee Name: Anthony Ker" Serial 1716 Investigation 13-016-00 Investigating Supervisor: Sgt. Craig Cormier INITIAL REVIEW PHASE: Draft Copy Completed: 9/04/13 (date) Copy to Employee 9104/1 3 (date) The employee has 10 calendar days to review the report and attachments. The employee may request a meeting with the investigating supervisor to discuss areas of disagreement, or waive this right by checking the apprOpriate box, signing in the space provided. and returning this form to the investigating supervisor. . I disagree with this report and request a meeting . r? r? - 3 I do not disagree with this report and/or do not request a meeting "Employee Signature Date SECONDARY REVIEW PHASE: If requested, the investi ating supervisor will schedule a meeting with the employee andi?or the employee's representative. Meeting Date: I I if agreement is achieved at this meeting, the employee or representative will indicate such on this form. If not, a meeting can be requested with the Assistant Chief by checking the appropriate box. I I disagree and request a meeting with the Assistant Chief El 9 ~13 My issues have been resolved and/orl do not request a meeting bE?ployee Signature Date FINAL REVIEW PHASE: If requested, the investigating supervisor will schedule a meeting with the Assistant Chief and the employee and/or the employee?s representative. Meeting Date: If agreement is achieved at this meeting, the employee or representative will indicate such on this form. If not, the areas of disagreement will be noted on this form. I continue to disagree with this report My issues have been resolved El Employee Signature Date Unresolved issues: Assistant Police Chief: Date: (lRC~Form) Rev 05i2008 1 dig 0/ page? gepdi?fmnl? ?Serving the Community? NOTICE OF INVESTIGATION Employee name: Anthony Kern Date: Auoust 13. 2013 Time: 1" ref/D 8 An administrative investigation is being conducted into allegations of misconduct. which may include violations of City or department work rules and regulations, concerning the following incident/s: (Include 1) the date. time. location (If Known) and other facts that form the basis of the Investigation; 2) the speci?c nature of the investigation; 3) the officer's status in the Investigation; and 4) all known allegations of misconduct). On August 1, 2013 at approximately 1517 hours, . citizen of El Mirage. drafted an email to Dr. Spencer Isom (City Manager) In reference to imporper use of a city vehicle. Attached to the mail was a photograph of an El Mirage City Code Enforcement vehicle number 5095 parked in front of COPIES OF ALL COMPLAINTS THAT CONTAIN THE ALLEGED FACTS THAT ARE REASONABLY AVAILABLE ARE ATTACHED (other than complaints involving matters pursuant to federal laws under the jurisdiction of the Equal Employment Opportunity Commission). An administrative investigation is being conducted into the circumstances of your direct involvement in a police shooting. in-custody death. use of force incident or driving incident. The incident is described as follows: As an employee you have speci?c rights and responsibilities in this investigation. Initial You are being compelled by a Department supervisor to answer questions relating to your duties/conduct, and you can be disciplined up to and including dismissal for refusal to answer these questions. initial 3 Any questions, tests. or examinations you are directed to answer/perform will be narrowly and speci?cally related to your performance of duties and ?tness for of?ce. Initial Any compelled statements. tests, or examination results can be used against you in proceeding. but will not be used against you in any subsequent criminal action related to the scope of this investigation. However. false statements made by you can be used in other criminal actions. such as Obstruction of Justice or Perjury. initial Any false. deceptive. or misleading statements you make may lead to additional discipline up to and including dismissal. as well as possible suspension or revocation of your AZPOST Peace Of?cer Certification (R1 3-4-109). Initial This interview may be recorded by either party. The Department reserves the right to transcribe any mechanical recording of this interview for the purpose of verifying the accuracy of the interview. If requested. you shall review the transcription and sign said transcription if it is found to be accurate. Initial I I F. You are entitled to receive a copy of this prior to the start of the interview and to retain it throughout the entire course of the interview. Initial G. During the course of the investigation. you have the responsibility to bring to the attention of the investigating supervisor any information. including witness Information. or mitigating or exculpatory evidence you believe is relevant to the investigation. Initial gfIL?gH. If you believe this investigation could result in a dismissal. demotion, or suspension. you may have a representative present during the interview. Yes No An administrative investigation ls being conducted into the circumstances of your direct involvement in a police shooting. in-custody death. use of force incident or driving incident. Though not required under A.R.S. ?38-1101, the agency will permit you to have a representative (as de?ned in ARS. ?38-1101) present during the interview. Yes CI No You arewng given a direct order not to discuss this investigation. including your intennew. with any unauthorized person. Other than the,,'nvestigatln supervisor/s and your association representative. you may only discuss this Investigation in privileged communications at ygu?m have with your attorney. minister. or spouse. This order remains in effect until you receive a Notice of Findings. or verbal app)er investigating supervisor. a a . . .5329 l3 ?nves?ga?ng Supervisor Signature Employee Signature Date . I at? 0/ ?Serving the Commume Notice of Findings for Internal Investigation Anthony Kern 171 6 13-016-CC Employee Serial# Investigation# Sergeant Cralg Cormier Investigating Supervisor You were recently involved in an internal investigation in which you were questioned by a supervisor concerning allegations of misconduct that were directed toward you. This memorandum is to inform you of the ?ndings of each allegation. Disciplinary recommendations, if applicable, will be made at the conclusion of the Investigation Review Process. Allegation Unfounded Exonerated Sustained Unresolved Describe Allegation: On Thursday. August 1, 2013 at approximately 2:50 PM1 Code Enforcement Of?cer Anthony Kern used his assigned vehicle to conduct personal business qugning a haircut at Barber Shop in while on his lunch break. Allegation Unfounded El Exonerated CI Sustained Unresolved Describe Allegation: Allegation Unt?ounded Exonerated El Sustained Unresolved Describe Allegation: Allegation Unfounded El Exonerated El Sustained Unresolved Describe Allegation: . I 323/ 9 /3 Wpewisw?s Signature Date mployee Signature Date wmua'tyq?fmimgeorg . City of .. EL MIRAGE Azlzona GRAND HERITAGE. BRIGHT Police Departm cut 144 05 Palm Street, E1 Wage 85335 623-433-9500; Fax 623-815-5322 TDD 623-933?3256} ma?tyot?lmimgcerg MEMORANDUM TO: Terry McDonald Assistant Chief FROM: Craig Cormi'cr can, Sergeant APPROVED BY: SUBJECT: Anthony Kern Investigation DATE: September 12, 2013 Code Of?cer Anthony Kern requested a hearing in reference to investigation 13-016-CC. I met with Of?cer Kern on 9-12-13 at approximately 0737 hours. Of?cer Kern requested to add the distance from the El Mirage City limits to Barber Shop. I checked the distance through Google Earth, which was one mile. 1 added the distance in the report at Of?cer Kern?s request, and highlighted the changes in red. Of?cer Kern also requested the discipline beyond ?ve years to be removed from the report. Policy 5.01 V.C.5 states the time lines for prior discipline as follows: Supervisor Counseling (one year) Written Reprimand (three years) Suspension - up to and including 180 hours (?ve years) Suspension over 180 hours (ten years) Demotion (ten years) With your approval, I will remove any prior discipline beyond policy 5.01 V.C.S timelines. Police Departm en 14405 Palm Street, El Mirage 85335 623-433-9500; 623-933-1341; Fax 623-815-5322 TDD 623-913?3258; August 15, 2013 Dear Mr. RE: This is to acknowledge receipt of your information regarding the possible unauthorized use of a City owned vehicle by a City employee on August 01, 2013. We appreciate your concerns and thank you for sharing them with us. This information will be thoroughly investigated and brought to conclusion. This matter is being investigated by Sergeant Craig Cormier who may be in contact with you prior to your receipt of this letter. Please feel free to share any information you have regarding this matter with Sergeant Cormier. For tracking purposes, this matter has been issued the ?le number 13-016-CC. If you have any questions, please direct them to Sergeant Cormier at or to me. Thank you. Sincerely, STEVEN W. CAMPBELL PoliCe Chief Tm A. Assistant Police Chief CITY OF EL MIRA GE Economic Community Development - 12145 NW Grand Ave. - El Mirage, AZ 85335 PHONE 623-933-8318, TDD 623~933-3258, FAX 623-876-4607 Date: January 21, 2011 To: Scott Chesney, Economic and Community Development Director Sandy King, HR Director From: Mary Dickson, Building Official Re: Anthony Kern As of January 21, 2011, Anthony Kern has successfully completed all improvements required on the Performance Improvement Plan dated December 14, 2010. He has made a deliberate effort to improve on his teamwork and communication with other of?cers, documentation and follow up on cases has greatly improved and Anthony appears to be utilizing his time more effectively to accomplish these goals. I am pleased with his efforts to improve as quickly as he has done and consider the Performance Improvement Plan outcomes completed. "quality community development through quality customer service? City of El Mirage PERFORMANCE IMPROVEMENT PLAN You are being givena PerformanCe..lmprovement Plan to outline speci?c areas cf deficiency or concern, corrective action designed to imprOVe these areas, and expected outcomes. . Employee?Name; Anthony Kern I, .Job Titlez" - cede Enforcement Officer Supervised. Mary Dickson . Departments 7Co'mm'unlty DeVel'opiri'ent A Performance Improvement Plan is required for rating factors rated ?Improvement Needed? and ?Unsatisfactory'. The supervisor should prepare the'Performance? Improvement Plan. with involvement from the reviewer. The purpose of the plan is to help'the employee improve in areas noted as deficient on the Performance Evaluation,,Form. The plan is to specify areas for improvement, identify activities designed to strengthen the employee?s performance, and indicate expected outcomes. A separate form can be used for each area requiring improvement, or all areas may be listed on one form. Areas Needing Improvement: 1. Documentation- All activities must be documented where accessible to supervisor or other code officers. inspections must be input into PNF, pictures attached to any Inspection with a cltationor notice, follow up inspections recorded; data put into activity log should match PNF entries..Data must contain complete information for others to access. 2. Timely Data Entry- Datamust be entered the same day as the inspection or activity. Maintain the activity log daily as to basic statistics for the day. 3. Case follow-up and follow-through- All inSpections must be scheduled for follow up at time of initial data entry. Speci?crequests for action must be done within two days. Follow up correspondence with person requesting the action and/or supervisor is mandatory. .4. Teamtivork- Effort must be made to work as a team with the other officers. Attitudes must be positive in working with code of?cers. Activities Designed to Improve Performance: 1. improve time management?- a routine-work schedule and stick with it. A routine will allow time for completion of all activities (inspections, data entry, contacts, etc.). Reduce outside In?uences, such as personal phone calls or office interactions, which would keep you off this-routine schedule. 2. Daily documentation- Enter all data on a daily basis. Time scheduled for data entry must take priority. 3. Follow up/through- Schedule all follow up inspections in PNF at time of data entry. Contact complainant or supervisor on all follow. up activities. Enter this contact in PNF. Make a conscious effort to communicate with all code of?cers. This may-be simple greetings to start but should advance to typical conversations within a reasonable time. Original - HR Personnel File I E?mployee Copy Department Copy City of El Mirage Timellne for Improvement: January 28, 2010 Date ?thls performaan plaii begins: December 14, 20in Follow-Up dates: December 30,2010, J'ahuary 14 andzs, 2011 I I I miter M?l?lo Dept. Hgad?Signature; 'm . . I. - Date:' 12? H. 2010 ?-HRStaff?SlgriatLire: I I Date: .: . Employee wanna: ,i - Date: A @445Assistant City Manager'ngAnature: . I I . Date; i I City Man?ag er Slgnafure: - Date: /7 /3m ,7 Failure to follow and/or improv? areas outlined above will?result in disciplinary adion up'to and including termination. Original HR Personnel File Employee Copy - Department Copy Please Print EmplOyee Name . I I . i 3 Department I I EReason for Review - El'Promotion5 i . Peer Appraisal I ?Unsatisfactory Performance I. . ClMEt-it' End ofI'ntroductoryPei-iod - Other - Date employee began - present position Date of last appraisal IZSc-heduled appraisal date-M Instructions: Carefully evaluate employee?s work-performance in relation to the essential functions of the job. Check-Rating box that I . I indicates the employee?s performance. IndiCate if not applicable. Assign points fOr each Rating within the Scale and write that number in the corresponding-Points box. Points will be totaled and averaged for an Overall performance scoreoutstanding Performance is exceptional in all areas-and is . I Improvement Needed Performance is de?cient in certain I recognizable as being far superior to others. areas. Improvement is necessary. . - - Very Good Results clearly exceed most position Unsatisfactory Results are generally unacceptable and requirements. Performance is of high quality and is achieved require immediate improvement. No merit increase should be granted to individuals with this rating. on a consistent? basis. I - Good Competent and dependable performance. Meets the - Not-Applicable or too soon to rate. performance standards of the job. -. Rat Quality -- The extent to which an employee?s work is accurate, thorough and neat. (A) 77/5 4659 OF (ori?ce?7F 79?70 . a6 69-6? ?Mammy on are-o Below 60 . . pea/9576.77 E's Pea/5a) FOCUS mu 50,65 79-70 7 HE'S/coma 5/0/ 775-?: B61960 - 57747757765 cow 60 I 2. Productivity The extent to which an employee produces a signi?cant volume of work ef?ciently in a speci?ed period of timeJob Knowledge The extent to which an employee possesses the practical/technical knowledge required on the job. 100-90 IPoiner a mo ?umo/uy mas 79?70 35 729 Do THE J55 136%? 3900/ elow 60 133:3 Foam?) UP Foe.ch 79-70 gr 7777800619 /5 wee-34 New/Ax: 4. Reliability The extent to which an employee can be relied upon regarding task completion and follow?up. Below 60 133-33 . Points Zg?yg /5 4.5 pug 91/572,969. 79?70 70 ?50066 v?cxc?nw? 69-60 457906 04425. Below 60 . 5. Attendance The extent to which an employee is punctual, observes prescribed work break/meal periods, and has an acceptable overall attendance record. 6. Independence The extent to which an employee performs work with little or no supervision. 14/1/va /5 (AI/ems LE 79'70 75 aw H15 0455 word 077$? "Rafi?g Scale Fa'CtorLs 7. Creativity The extent to which an 100F9O employee proposes ideas, finds new 8980 a and better ways of doing things. 79-70 6 6-5179 I 69?60 Below 60 1+ 7 - 8. Initiative The extent to which an employee 0 100?90 Pointsi" ?a 3355 QE 4 Egg seeks out new assignments and assumes I - 89-80 additional duties when necessary. El 79?70 55% I 69?60 . I5 19? C667 mace: Below 60 9. Adherence to Policy? The extent to which an 100?90 Point 7D n, employee follows safety and conduct rules, other I 89?80 - 2 regulations, and adheres to company policies. 79-70 70 I i QF [(1410 6W7 15 I 69-60 Jump/2mm. ,2 Below 60 .10. Interpersonal Relationships The extent to 100-90 Points which an employee is willing and demonstrates 89?80 - JD I a 5 the ability to cooperate, work and communicate 79-70 (a 5 with coworkers, supervisors, subordinates I 69-60 g. and/or outside contacts. Below 60 I 11. Judgment The extent to which an employee 0 3 100-90 . 05 a ?5 demonstrates proper judgment and decision? 89?80 - making skills when necessary. lg 79-70 1 '3 69-60 i. Below 60 employee?sioiletall in duties and responsibilities. '1 Outstanding . . 90 3 Good . 79- 70. Improvement Needed; - 69 60' i el?w 60 JUnsadsfaetor I 7?15i RanAccomplishments ornewabilitics demonstrated 65w v/r?Z?O. 6527)st . 7745K ire/ex: 2. Specific areas of needed improvement ?4770") mam) 06? mags! Q?m 5W, my mun WMwo/e/c awn/195'. 3. Recommendations for professional development (seminars. training, schooling, etc.) ADVANCE WITH 6040566 cox/esmdm .. 4. A-hsences: Number ofincidcms Number Ofdaj?s 2" 7 ?72 75/3 fax/{m ?adder I additional sweets mayor: attachedx Discussed on-ZM EmploVee?s Signature - - - -. - a acknowledgu'that ms Perfonnanze Appraisal was discussed me. ttho . I Follow-Up Date ?Dm- Evaluator?s Signature @2039 (men an Attorney-Approved product from G.Ncil. :0 TJU [meningeal N. 53325 Ne luazmu rnpemibtl'ly lama: (?their uxof'. a four or any Jeanie: ll'< employer mils? :Ln IISV violucloul. Kilt av ?air-l im I {cm to rnld'r It, u'iu Iii. "v11; Na i- TL- puvd Iw' s?llu'r- erl sum-Ir] a mi'nl :tw 'opuluoo-np; Ih- tan-pk-t-J ?r-m (on - City of El Mirage EMPLOYEE GOALS and DEVELOPMENT PLAN Section II Employee Name: Anthony Kern Position Title: Code Enforcement Officer Review Period Beginning: 09I21I2010 End' 0912112011 SMART Goals should be written in a speci?c, measurable, attainable, agreed upon, realistic, and time oriented manner. Goals should include at least one opportunity for learning outside of normal job duties. (Attach a separate sheet if more than 3 goals) . . Rank goals in Affect over Development Goal for Next Revuew Period Date to be Achleved priority order rating? YIN Attend a minimum of two training sessions? CELA, AZBO or similar opportunities to maintain 1 certifications. 09/201 1 Attend two HOA/Neighborhood Watch meetings in 09/2011 2 your Code Area and two HOA ride along with HOA representatives. Continue with college level coursework - started in 2009. 09,2011 3 .- w. .- .A City of El Mirage EMPLOYEE GOALS and DEVELOPMENT PLAN Section I Employee Name: Anthony Kern Position Title: Code Enforcement Of?cer Review Period Beginning: 09/21/2009 Ending: 0912112010 SMART Goals should be written in a specific, measurable, attainable, agreed upon, realistic, and time oriented manner. Goals should include at least one opportunity for learning outside of normal job duties. (Attach a separate sheet if more than 3 goals) Rank goals in Affect over Development Goal Set Last Revrew Period Result Achieved priority order rating? YIN Do preliminary work for establishing a Maricopa Task Force initial County Task Force meeting held March 2010. 1 Implement Code Enforcement Performance evaluation criteria for Code Enforcement Officers. w'th rec'ass'?cat'on' 2 No Take Northern Arizona University class over the next rating period in the area of communication. completed 060- 2009 3 City of El Mirage . . Employee Performance Appraisal Development Employee I?m?Appraisal Input Comments Employee Name: I I 1. Significant accomplishments achieved since the last review period: fr: 6o ?14?ng '3 I 2553?? Shah?! ?904 3? Via-.1. ReviewDate: a (O 1 [833.1, In? 2. SIgnI?Cant problems encountered since the last review period: 54"4 to; 54? 7" 745c2?1/ mu] 05/77m; e/I mum-77w: . 8. What would you Ii to improve about your skills and performance during the next review period? MA 44cc: CW4 we, 0947711.); Macaww' 4. Other comments: - I 6,29 (so; 6(dekrn.7? 721' ayxue 7" :Za?d/?tff?. .Wa/vf 0m r? @M?auq/ ,4 71L ?57 Supervisor's Comments: Employee?s Signatureigg 231w Review Date: I ReviewDate: ?Db?k '0 Supervisor?s Sinature: 'Jui H-a .. - ., . . CITY OF EL MIRA GE Community Development Department 12145 NW Grand Ave. - El Mirage, AZ 85335 PHONE 623-933-8318, TDD 623-933-3258, FAX 6238764607 Date: March 17, 2010 To: Anthony Kern, Code Enforcement Coordinator .L From: George Flores, Community Development Director Re: POLITICAL ACTIVITY cc. BJ Cornwall, City Manager Dr. Spencer lsom, Assistant City Manager Rick Flaaen, City Attorney Toni Brown, Human Resources Director You have formally advised me that you will run as a candidate for the Glendale City - Council this calendar year. in doing so and if elected you must at all times be aware of and adhere to the following City of El Mirage Personnel Policy Manual sections: Section 1.8 Political Activity A. Campaigning The City seeks to maintain neutrality concerning political matters to the extent possible. Employees of the City of El Mirage have a right to entertain and express personal opinions about political candidates and issues; however, when performing their duties on behalf of the City, employees of the City shall maintain neutrality in action and appearance, except where an employee?s position entails political advocacy on the part of the City. No employee or elected official of the city shall use any in?uence or pressure upon any other employee to obtain any property or contribution of money or time, either direct or indirect, for any political campaign or personal gain. Each employee retains the right to vote as the employee chooses._An employee shall not engage in political activity in any City of El Mirage election, except to Sign a petition, cast a vote or express a private personal opinion. ?Quality community development through quality customer service" HUMAN Rssguacss we a 2m RECEIVED . Employees are free to participate actively in political campaigns for non City of El Mirage elections during non-working hours. Such activity includes, but is not limited to, membership and holding of?ce in a political party, campaigning for a candidate for non City of El Mirage office, and making contributions of time (other than during work hours)- or money to individual candidates, political parties or other groups engaged in political activity. An employee who chooses to participate in political activity during off-duty hours shall not use his or her position within the City or resources of the City in connection with such political activities, and shall not wear a City uniform, identification badge or other City insignia while engaging in such activity. B. Candidate for Of?ce Political activity on the national, state or county level is unrestricted, except that any employee seeking election shall refrain from any campaign activity while on duty or while wearing the uniform or insignia of the City and shall refrain from the use of City resources for such political activity. The State level includes any governmental subdivision of the State except the City of El Mirage. An employee holding office in another political subdivision, school district, or at the national, state or county level is required to arrange the employees schedule so as to not interfere with the employee's performance of his/her duties as an employee of the City of El Mirage. C. Political Activism Employees shall not engage in political activity during scheduled work hours, or when using government resources including but not limited to vehicles or equipment, or on city property. Political activity includes but is not limited to: 1. Displaying literature, badges, stickers (except bumper stickers on the employees personal vehicle), signs or other items of political advertising on behalf of any party, committee, agency, candidate for political of?ce or measure?ssue on, or sought to be placed on, the ballot. 2. Using of?cial authority or position, directly or indirectly, to influence or attempt to in?uence any other employee in City employment to become a member of any poiitical organization or to take part in any political activity. 3. Soliciting signatures for political candidacy or for the purpose of placing an issue on the ballot. 4. Soliciting or receiving funds for political purposes. If you have any questions regarding the requirements of the City of El Mirage Personnel Policy Manual you should contact Toni Brown, Human Resources Director. .. .. CITY OF EL MIRA GE Community Development Department 12145 NW Grand Ave. - El Mirage, AZ 85335 PHONE 623-933-8318, TDD 623~933-3258, FAX 623-876-4607 Date: January 15, 2010 To: George Flores, Community Development Director From: Anthony Kern, Code Enforcement Coordinator Re: GLENDALE CITY COUNCIL BID in the last four council election cycles 1 have had a strong personal drive to run in the Glendale City Council elections, speci?cally in the Banal District. This personal drive has brought me to the current situation which is to run as a candidate for Glendale City Council in my district with the intention of winning the election in the fall. The term is for four years. In October 2009 I pulled a packet to run as a candidate and told myself I would make a final decision after the holidays. From then until now have discussed it with many people. met with another council candidate and have decided to move fonlvard in the election process. The El Mirage Personnel Policy Manual states in Section 1.8 B: Candidate for Of?ce - Political activity on the national, state or county level is unrestricted, except that any employee seeking election shall refrain from any campaign activity while on duty or while wearing the uniform or insignia of the City and shall refrain from the use of City resources for such political activity. The State level includes any govemmental subdivision of the State except the City of El Mirage. An employee holding office in another political subdivision, school district, or at the national, state or county level is required to arrange the employees schedule so as not to interfere with the employee?s performance of his/her duties as an employee of the City of El Mirage. I can and will keep this separate from my current job duties and will be in the ?running? stage at this time. I am fully aware of the attention this may bring to the City of El Mirage and will take a very positive and professional posture while focusing on my current job responsibilities and duties. When I am elected I will be sworn in January 2011 and would, at that time, like to discuss the future. I would appreciate your approval as well as approval by City Administration, speci?cally the City Manager and Assistant City Manager in this endeavor. ?quality community development through quality customer service faxHUMAN RESOURCES Please Print Name I Re?s?on'for 1-: I . . lMcrit' . l:l End of introductory Period-Jin- l' I Other. - Date employee: present p.9Sition 7: Date'of 2 2 ?g led date Department . l:l Promotionu?fu'I I Pee. Instrud'ions: Carefullyevaluatgeniployee?s work performance in relation to the essential functions of the job. Check Rating boxthat indicates the employee?s performanCC. Indicate if not applicable. Assign points for each Rating within the Scale and write that - number in the corresponding-Points box. Points will be totaled and averaged- for an overall performance score. - De?nitions Outstanding:? in all area'siand is 1-4 Improvement Needed Performance is de?cient in certain recognizable as being far superior tofotl?iers; is necessary. every'Good clearly-exceed most position - Results are generally unacceptable and requirements. Perfori'nance is of quality and is aChi'eved 'rqutiire?irnmediate improvement. No merit increase should be- - to individuals with this rating. I On a consistent basis. - Good? Competent and dependable performance. Meets the Not Applicable or too soon to rate. performance standards of the job. . ,2 - 10090 i 411mm I. 'P??fbrrI-ja?te Factors . . . 1. Quality The extent to which an employee?s . work is accurate, thorough and neat.? 89?80 79-70. Wm? 69?60 mes?Rho. lrancu') is Below60 . I I. 1}??vovjlinjil60 100-90 :ijint's A 89?80 . 79?70 I - l_ I 69-60 i On. Below 60 In 11 - Alulh? mud-(Jo my I . In?llnn. 0 .Ik. It. .I Ox 2. Productivity The extent to which an employee produces a signi?cant volume of work ef?ciently in a specified period of time. 100?90 3943.0.? 79-70 69-60 5 Below 60 3. Job Knowledge - T?he extent to which - an employee possesses the practical/ technical knowledge required on the job. til/admitan . lF-ElliQ lo'llvv; IAAS r-l-emoweel as a. super/Loom. does Vet/1:; well fn'tws Cgfaovva we! Starts . . I M?l Gigi?l5 OW +wne. a WS 100-90 89?80 I 79-70 69?60 Below 60 4. Reliability? The extent towhich an employee can be relied upon regarding task completion and follow?up. 100*90 89-80 79?70 69-60 - Below 60 5. Attendance The extent to which an employee is punctual, observes prescribed work breald meal periods, and has an acceptable overall attendance record. . U. 100-90 89?80 79-70 85 .. 69?60 . ..: -. . Below 60 LI Primal? '3 6. Independence The extent to which an employee performs work with little or no supervision. IL I 100'90 - 89?80 7 at) W. led 6 79-70 a) 69-60 Losseavatloble m+he street Below60 - . ohms mspomst'bih'ms 100-90 Points WW2 89-80 - - 79,70 82 69-60 . a Below60 . 0y 7. Creativity The extent to which an employee proposes ideas, finds new and better ways of doing things. 8. Initiative The extent to which an employee seeks out new assignments and assumes additional duties when necessary. 100-90 Points. 89-80 '1 - 79-70 tr 69-60 elimrml? .523 Below 60 . Ouevsr?m/ris . 9. Adherence to Policy The extent to which an employee follows safety and conduct rules, other regulations, and adheres to company policies. Dime mam adveviami? 100'90 Pants n. A 89?80 I 79- 0 69-20 87- Below 60 10. Interpersonal Relationships The extent to which an employee is willing and demonstrates the ability to cooperate, work and communicate with coworkers, supervisors, subordinates and/ or outside contacts. 11. Judgment The extent to which an employee demonstrates proper judgment and decision- making skills when necessary. 89-80 80 69?60 Below 60 El 100-90 Points El settions I. 1 .. 1. Accomplishments or new abilities demonstrated since last review 5? l?olm? ?5 mwl?a ?35 ., - - il?An?a - sea-n. 6+0 -- h?J a: augus- an .1. 2. Speci?c areas of needed improvement . Recommendations for prfessional development (seminars, trainin, schooling, awaile . - . . - . . - Us. ?ni_lli?i?alml a 11,; . 4. Absences: Number of incidents Employee?s Com ents* Em loyee?s Signatureacknowledge that this Pe?ormance?ppraisal was discussed with me. I. .. 1? Dar, - - @2009 an Attorney-Approved product from G.Neil. 11?) Park?)? Sunrlii?. FL 33325 G.Nei] assumes no responsibility for the employer?s use oFthis form or any deeislun the employer makes that may violale local, state or federal law. . . I 800-999-9111 - to reorder By selling this Form. C.N?il is nor giving legal. advice. The Form is granted alimited license to photocopy li'lC completed Form for .- a I up? pa ull_.l_ I - _City of El Mirage EMPLOYEE GOALS and DEVELOPMENT PLAN Section I Code Enforcement Employee Name: Anthony Kern . Position Title: goordinator Review Period Beginning: September 2008 Ending: _$eptember 2009 SMART Goals should be written in a speci?c, measurable, attainable, agreed upon, realistic, and time oriented manner. Goals should include at least one opportunity for learning outside of normal job duties. (Attach a separate sheet if more than 3 goals) . . . Rank goals in Affect over Development Goal for Next Revnew Period Date to be Achieved priority order rating? YIN Obtain Code Enforcement Administrator Certi?cation October 2008 . 1 A Attend College Courses relating to Job Duties December 2008 3 Y- Update Code Enforcement Policy and Procedures Manual October 2008 2 City of El Mirage EMPLOYEE GOALS and DEVELOPMENT PLAN Section II Code Enforcement Employee Name: Coordinator Anthony Kern Position Title: Review Period Beginning: _&3eptember 21, 2009 Ending: September 21, 2010 SMART Goals should be written in a speci?c, measurable. attainable, agreed upon, realistic, and time oriented manner. Goals should include at least one opportunity for Ieaming outside of normal job duties. (Attach a separate sheet if more than 3 goals) Affect over rating? YIN Rank goals in Development Goal for Next Revuew Period priority order Date to be Achieved D0 preliminary work for establishing a Maricopa County Task Force. Before August 30, 2010 1 Implement Code Enforcement evaluation criteria for Code Enforcement Of?cers. Before August 30, 2010 Take Northem Arizona University Class over the next rating period in the area of communication. Before August 30, 2010 i 1 - i HUMAN RESOURCES SEP $19 2003 EQEWEQ Title Employee Payroll 73/ 1/ leaeP-Employee Name . Department. I a I Reason for I: a I Promotion l:i Peer Appraisal l:l Unsatisfactory Performance i I El Meritf""? lj End of introductory Period Other Date mployee?began Present positioni- 1 Date oflast appraisal 7477/ g?7scheduled aPpraisal date 2 [92 M8 Instructions: Care?ully evaluate employees work performance in relation to the essential functions of the job. Check Rating box that indicates the employee?s performance; Indicate if not applicable. Assign points for each Rating within the Scale and write that . number in the corresponding Points box. Points will: be totaled and averaged for an overall performance score. Outstanding. Performance is?exceptional in all areas and is I Improvement Needed. Performance is de?cient in certain recognizable as being far superior to others._ areas. Improvement is necessary. Very-Good. Results clearly exceed mos-tiposition requirements. __Performanc:e is of high quality and is achieved onaconsistent_basis. - MG '?'Good, Competent-and dependable level 'of performance. Meets performance standardsofth'e job. NIA -- Not Applicable or too soon to rate. Unsatisfactory. Results are generally unacceptable and require immediate improvement. No merit increase should be granted to individuals with this rating. l. _Quali_ty_? Theextent to which'an employee?s I- 100?90 Points 6 regs work is accurate, thorough and neat. 89-80 . - - - - 79?70 M'I?hls area. Thomughness mm 7 is Below 60 I 100? . . 389-36 0'11)? A'wl'homu Co m+mues +0 Clawng?m?t (00? load - Below60 .PVO uc?vd? 2. Productivity The extent to which an employee produces a signi?cant volume of work ef?ciently in a speci?ed period of time. 100.790 . Points-n . 89?80 5?5 Var?. 3?08 .- -. '_3oja__bnnu1l~ed3ewdis malaria? 'Belbiw 60" - Dram/?55 In his 1 6441i? ?mo?cdg?o 100?90 Points Ah": IJ Com-Hwes-bloe 3. Job Knowledge The extent-to I I an employee possesses the practical/technical knowledge required on the job. 4. Reliability - extent to which an A mama: gamma DEEDS employee can be relied upon regarding 89?80 . task completion and follow?up. 79?70 8 OM {8355 l5 6 ?60 .. I Belgow 60 I can - 3113' I 79-70 8 {vdW?l?lH gm rouhvl?'l'MKS and 69?60 . Below 60 no supervision. embao c~o DATE &rc.r DATE DATE City 0/ Wirage?uman leedour?ced geparbnen! PO. (gm-96 (623) 935-5672 3m (623} 935-5679 Oath of Of?ce Pursuant to ARS. 38?231, before any officer or employee enters upon the duties of his of?ce or employment, he shall take and subscribe the following oath or affirmation: Stat of Arizona unty of Maricopa, 1, I egrA do solemnly af?rm that I will support the Constitution of the United State's and the Constitution and laws of the State of Arizona; that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties of according to the best of my ability, so help me God. (signature of employee) Subscribed and affirmed before me this day of 20 Notary Public cityofel mirageorg CITY OF EL ( IRAGE Code Enforcement Name: Anthony Kern Position: Code Enforcement Officer Employee #: 1722 If ,"und please return to: P0Box26 El Mirage, Arizona 85335