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(a) Definitions.
(1) Employee. All city employees of any status or classification, except elected officials, persons appointed to an elected official's personal staff, or individuals appointed to a position in city government by a majority of the governing body.
(2) Supervisory employee. Any supervisor, superintendent, division director, department director or other employee who has influence over personnel actions, including disciplinary action.
(3) Designated city official, public official or public agency. The mayor, councilmembers, city manager, city department head, city clerk, city attorney, county attorney, state attorney general, or a federal, state or local law enforcement agency.
(4) Wrongful conduct. Mismanagement, gross waste of monies or an abuse of authority, or violation of any law on the part of any city official(s) or city employee(s) that is reasonably believed to be of public concern.
(5) Adverse personnel action. Unsatisfactory overall performance evaluation; disciplinary action, including a written reprimand, suspension without pay, demotion, involuntary transfer or reassignment, disciplinary probation, or termination; withholding of an appropriate salary adjustment or other significant change in duties or responsibilities which is inconsistent with the employee's salary or classification.
(6) Layoff. Elimination of an employee's position by reason of a shortage of funds or work or material changes in duties or organization.
(7) Retaliation. Any adverse personnel action, layoff and/or change in the conditions of employment in response to an employee's allegation of wrongful conduct to a designated city official, public official or public agency.
(b) Method of reporting wrongful conduct by an employee to a designated city official shall be as provided by city administrative directive. Reports of wrongful conduct made to other public official(s) or public agency(s) as the employee may choose shall be in accord with any requirements of those public officials or public agencies.
(c) Any employee who believes that he or she has been retaliated against may make a written complaint as provided by city administrative directive. The city administrative directive shall prescribe methods of reporting, investigating and determining whether retaliation has occurred. Notwithstanding, retaliation shall not be found to have been committed if the adverse personnel action or layoff was justified for legitimate reasons.
(d) A determination under the city procedure that retaliation has occurred shall immediately result in reversal of the action including restoration of lost compensation or other lost benefits which have occurred by reason of such action.
(e) Any supervisory employee who under the city procedure is found to have knowingly retaliated against an employee shall be subject to disciplinary action, which may include dismissal from city employment.
(f) An employee who knowingly makes false accusation that a city official or city employee has engaged in wrongful conduct shall be subject to disciplinary action which may include dismissal from city employment.
(g) This article neither limits nor extends any other civil or criminal liability or remedy of any current or former employee or city official who either alleged the wrongful conduct or was the person against whom the wrongful conduct was alleged.
(Ord. No. 8126, § 1, 9-20-93)
ARTICLE IX.
REGISTERED CIVIL UNIONS*
REGISTERED CIVIL UNIONS*
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*Editor's note – It should be noted that the provisions of Ord. No. 9898 became effective on December 1, 2003. The title of Article IX was revised by Ord. No. 11088, adopted June 18, 2013 and effective July 19, 2013; Article IX was formerly entitled "Registered Domestic Partnerships".
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As used in this article, the term "registered civil union" exists between two (2) persons if one (1) or more of the following is true:
(1) The persons who meet the criteria for civil union have filed a statement of civil union with the city's finance department on the form provided by the city and paid the required fee.
(2) The persons have a valid certificate of domestic partnership issued by another jurisdiction and meet the criteria for civil union set forth in this article.
(3) The persons are legally recognized as civil union spouses in another jurisdiction and meet the criteria for civil union set forth in this article.
(Ord. No. 9898, § 1, 9-15-03; Ord. No. 11088, § 1, 6-18-13, eff. 7-19-13)
For purposes of this article, civil union partners are two (2) persons:
(1) Not related by blood closer than would bar marriage in the State of Arizona;
(2) Neither of whom is in a marriage expressly recognized by the State of Arizona or in any domestic partnership and/or civil union with another person;
(3) Both of whom are eighteen (18) years of age or older;
(4) Both of whom are competent to enter into a contract;
(5) Both of whom declare that they are each other's sole civil union partner;
(6) Both of whom currently share a primary residence, are in a relationship of mutual support, and declare that they intend to remain in such for the indefinite future.
(Ord. No. 9898, § 1, 9-15-03; Ord. No. 11088, § 1, 6-18-13, eff. 7-19-13)
(a) Civil union partners may make an official record of their civil union by executing a "civil union registration statement" on the form prescribed by the city.
(b) The statement must include a declaration that the persons are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare. For these purposes, "mutual support" means that they contribute mutually to each other's maintenance and support.
(c) The statement must include a declaration that both persons agree to file a termination of the civil union if there is a change in the status of their relationship such that they cease to meet the criteria for a civil union under this ordinance.
(d) The sworn statement shall include the date on which the civil union was registered, and the mailing address(es) of both partners. The civil union statement shall further state that the civil union partners meet the criteria set forth in section 17-72.
(e) In addition to the registration statement, civil union partners may submit to the city, and the city shall maintain, a statement or list describing any additional documents, such as contracts and agreements, that document the rights, responsibilities and obligations that the civil union partners have established. In order to prevent public access to private, personal information, civil union partners may not submit, and the city will not maintain, the contracts and agreements themselves. By way of example, the statement or list of additional documents evidencing the parties' civil union may include a description of:
(1) Agreements between the parties regarding the management and ownership of real and personal property.
(2) Agreements between the parties regarding the obligations that either or both may have agreed to assume regarding the existing children or other family members of one or both of the parties.
(3) Agreements between the parties regarding the obligations that either or both may have agreed to assume regarding prospective children of one or both of the parties.
(4) Agreements between the parties regarding the disposition of their property upon the death of either party.
(5) Agreements for resolving any disputes that may arise should the relationship dissolve, through alternative dispute resolution procedures or otherwise.
(6) Documents that establish any other rights or obligations that may be legally exchanged by and between the parties.
(f) As part of the registration statement, the parties to a civil union may include a statement describing their shared intentions regarding the scope of the relationship, regardless of whether or not they have entered into any contracts or agreements of the kind described in subparagraph (e) above.
(g) Any documents described in the statement or list provided to the city pursuant to subsection (e) above, and any statement of shared intent provided pursuant to subsection (f) above, shall only be effective as provided under Arizona law and any other applicable law, and the fact that the statement or list has been submitted to the city and/or is maintained by the city shall not affect whether those documents are enforceable or binding upon the parties thereto. For example, some agreements may require additional documentation or formalities in execution in order to effectuate their intent under Arizona law.
(Ord. No. 9898, § 1, 9-15-03; Ord. No. 11088, § 1, 6-18-13, eff. 7-19-13)
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