PERSONNEL, GENERAL-1500

1500 Employee Evaluations
1510 Selection of Staff
1521 Job Descriptions
1524 Contracts and Agreements for Employment
1525 Pay Periods and Compensations
1526 Policies as Conditions of Employment
1527 Work Week and Flex Time
1535 Whistle Blower
1536 Personnel Hearing Board
1537 (Deleted)
1538 Employee Record Confidentiality
1539 (Deleted)
1540 Affirmative Action
1541 Harassment
1542 Reimbursement of Interview Expenses
1543 Unsolicited Applications
1545 Nepotism
1549 Official Holidays
1550 Leaves of Absence
1555 Outside Employment
1556 Employee Attendance Obligations
1560 Drug-Free Workplace
1561 Communicable Diseases
1562 Political Activity
1570 Family and Medical Act [FMLA]
1575 Sabbatical Leave
1580 Retirement of College Employees
1581 Early Retirement
1591 Due Process
1595 Separation from Employment

Policy 1500 Employee Evaluations

The President is responsible for the development of procedures for the annual evaluation of all college employees. (1/6/75)

Policy 1510 Selection of Staff

The President has the responsibility of filling the budgeted positions and bringing the names to the next Board Meeting under the President's Report. See also Policy 1210. (Rev 10/12/99)

Policy 1521 Job Descriptions

The President, or designee, is authorized to prepare a job description for each employee or each group of employees. (New 5/19/94)

Policy 1524 Contracts and Agreements for Employment

The President, or designee, is authorized to provide written contracts and agreements for employment for exempt and non-exempt employees, and for the establishment of procedures for payment. All contracts and agreements for employment will specify salaries, wages and other certain terms and conditions of employment. (Rev 3/10/98)

Policy 1525 Pay Periods and Compensations

The President, or designee, is authorized to establish procedures for pay periods, issuance of paychecks, issuance of contracts, contractual documents, and professional development compensation. (Rev 5/19/94)

Policy 1526 Policies as Conditions of Employment

The Board policies and their designated procedures will be deemed incorporated into each contract of employment, executed on behalf of the college, as terms and conditions of employment. Violation of any of these policies will be sufficient cause for disciplinary action. The Board reserves the right to modify, add or eliminate any policy whenever it appears practicable or appropriate. The provisions of the District Policy and Procedure Manual are applicable to all persons on the effective date of the change. (Rev 3/10/98)

Policy 1527 Work Week and Flex Time

Hours and Compensation, Non-Exempt Personnel

1. Working Hours: The regular workweek is forty (40) hours, as based on an eight-hour day, five days a week.
2. Flex Time: The President's staff may arrange flexible scheduling opportunities for staff that report to them as necessary. (Rev 3/10/98; formerly Policy 1615)

Policy 1535 Whistle-Blower Policy

No adverse personnel action will be taken against any Northland Pioneer College employee in reprisal for the disclosure of information on a matter of public concern to a public body, as defined in A.R.S. ? 38-531(4), regarding:

1. a violation of law
2. mismanagement/gross waste of public funds, or
3. abuse of authority.

Allegations regarding any of the foregoing are referred to in this policy collectively as alleged wrongful conduct.

No supervisor, director, chair, dean, department head, or any other employee with authority to make or materially influence significant personnel decisions shall take an adverse personnel action against an employee in reprisal for disclosing alleged wrongful conduct to a public body. Any Northland Pioneer College employee found to have so violated this policy shall be disciplined in accordance with existing college rules, policies, and procedures or as prescribed by law.

Any employee may make a disclosure of alleged wrongful conduct to any public body, as defined in A.R.S. ? 38-531(4). However, in order to allow the college an opportunity to review alleged wrongful conduct and to take necessary internal corrective action, employees are encouraged to report in writing a disclosure of alleged wrongful conduct to the president or a vice president so that a college investigation can be initiated. The college personnel hearing board will conduct an investigation into the allegations of the disclosure and will take necessary corrective action as warranted. At the conclusion of the investigation, the hearing board will notify the discloser and other affected employees in writing of the determination. A copy of the determination shall be retained by the hearing board, the discloser, and the alleged violator. A discloser must suffer an adverse personnel action after making and as a result of making a disclosure in order to file a whistle-blower complaint and receive a hearing.

Any college employee who knowingly makes false allegations of alleged wrongful conduct to a public body shall be subject to discipline, up to and including civil penalties and termination of employment, in accordance with A.R.S ? 38-532(M), college policies and procedures or as otherwise prescribed by law.

A current or former employee who has been subjected to an adverse personnel action based on his or her prior disclosure of alleged wrongful conduct may protest the action by filing a written whistle-blower complaint with a college executive officer (vice presidents or president) who will immediately forward the complaint to the Chair of the Personnel Hearing Board. The whistle-blower complaint shall include at a minimum the following information:

1. The date of the complaint and the name of the complaining employee;
2. The nature of the alleged adverse personnel action being asserted; and
3. If possible, the date or range of dates when the alleged adverse personnel action(s) occurred.

The Personnel Hearing Board, on receipt of a whistle-blower complaint, shall review the complaint expeditiously to determine:

1. Whether the complainant reported alleged wrongful conduct to a public body before an adverse action was imposed;
2. Whether the complainant suffered an adverse personnel action after reporting alleged wrongful conduct to a public body; and
3. Whether the complainant alleges that the adverse action resulted from the prior disclosure.

Within 30 days after receipt of the complaint, the hearing board shall notify the complainant in writing of the results of the review and whether the adverse personnel action is affirmed, reversed, or modified, with a copy of the decision to the employee's supervisor. The supervisor will implement the decision and will verify implementation in writing to the hearing board within 10 days after receipt of the board's decision.

If it is determined that the allegations contained in the whistle-blower complaint of an adverse employment action are substantiated and that a college employee did engage in the wrongful conduct alleged, that employee shall be ordered to personally pay civil penalties as provided in A.R.S. ? 38-532(C) and be subject to termination of employment, in accordance with college policies and procedures, or as otherwise provided by law.

A complainant who is dissatisfied with the decision of the hearing board on the whistle-blower complaint may file a grievance and proceed under the procedures outlined in Procedure 2760 - Grievance. If the complaint is not resolved to the satisfaction of the complainant, through the grievance procedure, the complaint may be taken directly to the Navajo County Community College District Governing Board for a hearing.

This policy is based on the requirements of A.R.S ? 38-532 (New 12/13/01)

Policy 1536 Personnel Hearing Board

The President is authorized to establish a Personnel Hearing Board to investigate complaints submitted under A.R.S. ?38-532 (Whistle Blower Statute). The Director of Personnel shall chair this board. (New 12/13/01)

Policy 1537 (Deleted 9/21/04)

Policy 1538 Employee Record Confidentiality

The President, or designee, is authorized to establish procedures for the confidentiality of employee records and the release of information. (New 5/19/94)

Policy 1539 (Deleted 9/21/04)

Policy 1540 Affirmative Action

The President is responsible for the establishment of procedures whereby the college shall insure equal employment opportunity within all areas of the college, and equal opportunity in the educational services of the college. These procedures shall be in consonance with State and Federal regulations and guidelines. (Rev 3/10/98)

Policy 1541 Harassment

The President, or designee, is responsible for the establishment and implementation of procedures to address harassment issues and complaints. (Rev 3-10-98)

Policy 1542 Reimbursement of Interview Expenses

The college may reimburse candidates for expenses related to interviews in an amount to be established by the President, in accordance with A.R.S. ?15-1406. (New 5/19/94)

Policy 1543 Unsolicited Applications

The President may authorize the Personnel Office to return unsolicited applications to candidates. Only applications that have been submitted in a timely manner for an advertised position, application pool, or faculty position will be accepted and held for consideration. (New 9/21/93)

Policy 1545 Nepotism

Members of the same family (spouse, siblings, or parents, and children) or immediate household members may be employed by the college except under the following circumstances:

1. When one member of a family would be responsible for institutional decisions involving possible direct benefit (including initial appointment, retention, promotion, salary, leave of absence, etc.) to another member of the same family; or
2. When one member of a family would be responsible for supervising, evaluating, or auditing the work of another member of the same family.

In those instances in which one member of a family is excluded from employment by the college pursuant to this policy, the family members shall have the right to decide which member will continue in employment with the college. If, however, the family members fail to make the necessary decision within a reasonable time, the college shall use a neutral standard to determine which family member will continue in employment with the college.

When circumstances or relationships conflict or threaten the best interests of the college, the President may make transfers and/or reassignments as needed. (Rev 6/8/93)

Policy 1549 Official Holidays

The official College Academic Calendar shall be approved by the Board. (Rev 3/10/98)

Policy 1550 Leave of Absence

The Board authorizes the President, or designee, to grant leave according to established procedure. (Rev 4/21/92)

Policy 1555 Outside Employment

It shall not be in violation of the policies of the college for full-time employees to be employed by entities other than the college; providing the outside employment shall not interfere with the employment duties of the individual at the college as determined by the employee's supervisor. In no case shall the outside employment interfere with the ability of the college employee to satisfactorily fulfill his/her duties and responsibilities at the college. (Rev 4/21/92)

Policy 1556 Employee Attendance Obligations

The President, or designee, is authorized to establish procedures for employee attendance obligations. (New 5/19/94)

Policy 1560 Drug-Free Workplace

It is the intent and policy of the college to maintain a drug-free and alcohol-free working environment for its employees and students.

1. Employees are expected and required to report to work on time and in appropriate mental and physical condition for work. It is the college's intent and obligation to provide a drug-free and alcohol-free, healthful, safe and secure work environment.
2. The college prohibits the unlawful manufacture, distribution, dispensing, possession or use of controlled substances and alcohol on college premises, while conducting college business, or at any time which would interfere with the effective conduct of the employee's work for the college.
3. The college recognizes drug and/or alcohol dependency as illnesses and major health problems. The college also recognizes drug and alcohol abuses as potential health, safety and security problems. Employees needing help in dealing with such problems are encouraged to seek help, either through their own resources or by requesting help or referral through the sources designated in the procedure based on this policy. Conscientious efforts to seek help will not jeopardize any employee's job.
4. Employees must, as a condition of employment, abide by the terms of this policy and report any convictions under a criminal drug statute for violation occurring on or off college premises while conducting college business. A report of a conviction must be made within five (5) days after the conviction as mandated by the Drug-Free Workplace Act of 1988. ( Rev 3/10/98)

Policy 1561 Communicable Diseases

The Board authorizes the President, or designee, to develop and implement procedures for the prevention of the spread of communicable diseases within the college. (New 8/94)

Policy 1562 Political Activity

An employee shall not engage in any political activity if such activity interferes with the performance of the employee's duties, the performance by other employees of their duties, or the regular functions and operations of the college.

An employee shall not use college equipment, materials, buildings or other resources to present or engage in political activities.

An employee shall not use the authority of his or her position to influence or attempt to influence the vote or political activity of any subordinate employee or any person who is a student being instructed by the employee. (Rev 3/10/98)

Policy 1570 Family and Medical Leave Act [FMLA]

The President, or designee, shall develop procedures for implementing the provisions of the Family and Medical Leave Act of 1993. (New 8/10/93)

Policy 1575 Sabbatical Leave

The President, or designee, is authorized to develop procedures for sabbatical leave. (Rev 5/19/94)

Policy 1580 Retirement of College Employees

The President, or designee, is authorized to establish procedures and guidelines for retirement and for emeritus and meritorious service recognition. (Rev 5/19/94)

Policy 1581 Early Retirement

The President, or designee, shall be responsible for the adoption and implementation of the procedures for an Early Retirement Program. Participation will be limited to a four-year period. (See Procedure #2777) (Rev 3/10/98)

Policy 1591 Due Process

The President shall provide for the establishment of due process procedures for enforcement of ordinances, rules, and regulations pertaining to governance of the college. Whenever the President is procedurally removed from the process, the Board shall be the final review and decision authority. (Rev 6/8/93; formerly Policy 1230)

Policy 1595 Separation from Employment

The President, or designee, is authorized to develop procedures for separation from employment with the college. (Rev 5/19/94; formerly Policies 1515 and 1520)