Rules and Regulations

 

 

ARTICLE VI... Procedures To Implement Section 2-219 Of The Phoenix City Code For The Resolution Of Impasses. <div class="ExternalClass6F1E3E0FBCD24D3C9F1C787AFC9C2B8C"> <table class="body"><tbody><tr><td valign="top">6.1    </td><td valign="top"><span style="text-decoration:underline;">Scope.</span><br>This article governs the informal and formal procedures relating to mediation and fact-finding in resolution of impasses under Phoenix City Code, Section 2-219. <p> </p></td></tr><tr><td valign="top">6.2    </td><td valign="top"><span style="text-decoration:underline;">Informal Resolution Procedures.</span><br> <ol><li type="A"><span style="text-decoration:underline;">Agreement of Parties.</span><br>The employer and authorized employee representative, during the course of meeting and conferring over the terms of a memorandum of understanding, may agree upon procedures to be followed in the event they determine that an impasse exists; provided however, any such procedures must result in an agreement on a memorandum of understanding by March 1. </li><li type="A"><span style="text-decoration:underline;">Determination of Impasse.</span><br> <ol> <li>If the parties have adopted informal resolution procedures, but such procedures do not result in an agreement on a memorandum of understanding by March 1, then a written notice, signed by the employer and the authorized employee organization, shall be filed with the Board no later than March 1, stating that an impasse still exists. </li><li>Upon receiving a notice that an impasse still exists, the Board shall meet and shall either: <ol> <li type="a">Order that the matter(s) in dispute be submitted to formal mediation, in which case Rule 6.3(C)(4), Rule 6.3(C)(5) and Rule 6.3(E) of these Rules and Regulations shall apply; or </li><li type="a">Order that the matter(s) in dispute be submitted to the Phoenix City Council or to a fact finder; provided however, that the matter(s) in dispute may not be submitted directly to the Phoenix City Council unless both parties so agree. </li></ol></li></ol> </li><li type="A"><span style="text-decoration:underline;">Submission to Phoenix City Council.</span><br>If both parties execute and submit to the Board a statement that the matter(s) in dispute may be submitted directly to the Phoenix City Council, and the Board so orders that the matter(s) in dispute be submitted directly to the Phoenix City Council, then each party shall, within ten (10) days of such order, file with the Phoenix City Clerk a position paper on the issues in dispute and shall certify that a copy of the position paper has been served on the other party. </li><li type="A"><span style="text-decoration:underline;">Submission to Fact Finder.</span><br>If both parties have not agreed to submit the matter(s) in dispute directly to the Phoenix City Council and the Board orders that the matter(s) in dispute be submitted to a fact finder, then, simultaneously with such an order, the Board's agent shall furnish the parties with a list of not less than five (5) qualified fact finders. Thereafter, the procedures set forth in Rule 6.3(G) shall apply. </li></ol></td></tr><tr><td valign="top">6.3    </td><td valign="top"><span style="text-decoration:underline;">Formal Resolution Procedures.</span><br> <ol><li type="A"><span style="text-decoration:underline;">Applicability of Formal Resolution Procedures.</span><br>If the parties, during the course of meeting and conferring over the terms of a memorandum of understanding, have not agreed upon procedures to be followed in the event they determine that an impasse exists, then the procedures set forth in this section shall apply. </li><li type="A"><span style="text-decoration:underline;">Notice of Dispute.</span><br>If, after meeting and conferring for a reasonable period of time a dispute exists between the employer and the authorized employee organization or if a memorandum of understanding has not been reached prior to March 1, a written notice, signed by the employer and the authorized employee organization, shall be filed with the Board no later than March 1, stating that a dispute still exists and containing a clear and concise statement of the issue(s) in dispute. </li><li type="A"><span style="text-decoration:underline;">Determination of Impasse.</span><br> <ol> <li type="1">If, after meeting and conferring for a reasonable period of time a dispute exists between the employer and the authorized employee organization or if a memorandum of understanding has not been reached prior to March 1, then, in addition to the notice required under Rule 6.3(B) of these Rules and Regulations, either party, or both parties, may request that the Board determine that an impasse exists and that the matter be submitted to formal mediation. The request shall contain the following: <ol> <li type="a">Name, address and telephone number of the authorized employee organization and the name and telephone number of its principal representative to be contacted; </li><li type="a">Name and telephone number of the principal employer representative to be contacted; </li><li type="a">Identification of the bargaining unit; </li><li type="a">Dates and duration of negotiation sessions held; </li><li type="a">A clear and concise statement of the issue(s) in dispute; </li><li type="a">A statement noting whether the request is joint or unilateral; and </li><li type="a">Certification that a copy of the request was served on the other party. </li></ol> </li><li type="1">Upon receiving a request that it be determined that an impasse exists, the Board, within a reasonable time, shall meet to hear arguments of the parties and make a determination as to the existence of an impasse. </li><li type="1">If the Board determines that an impasse does not exist, it shall order the parties to continue meeting and conferring. </li><li type="1">If the Board determines that an impasse does exist, it shall cause its agent to immediately advise the Federal Mediation and Conciliation Service and request that a mediator be assigned to the case. The Board shall further cause its agent to simultaneously furnish the parties with a list of not less than five (5) qualified fact finders. </li><li type="1">In the event the Federal Mediation and Conciliation Service notifies the Board that it is unable to assist the parties, then the American Arbitration Association shall be requested to appoint a mediator. </li></ol> </li><li type="A"><span style="text-decoration:underline;">Joint Request for Formal Mediation.</span><br>If, in lieu of a request that the Board determine that an impasse exists, both the employer and the authorized employee organization sign and submit to the Board a request for formal mediation, the Board's agent shall immediately advise the Federal Mediation and Conciliation Service and request that a mediator be assigned to the case. The Board's agent shall simultaneously furnish the parties with a list of not less than five (5) qualified fact finders.<br>In the event the Federal Mediation and Conciliation Service notifies the Board that it is unable to assist the parties, then the American Arbitration Association shall be requested to appoint a mediator. </li><li type="A"><span style="text-decoration:underline;">Mediation Process.</span><br>The mediator shall assist the parties in resolving the matter(s) in dispute. However, if the matter(s) in dispute are not resolved within ten (10) days of the first day of availability of the mediator, the mediator shall immediately advise the Board that a dispute still exists. The mediator has the option, prior to the expiration of the aforementioned ten-day period, to advise the Board that a dispute still exists if it is determined by the mediator that further mediation efforts will not likely resolve the dispute.<br>Upon notification from the mediator that a dispute still exists, the Board's agent shall have the matter(s) in dispute submitted directly to the Phoenix City Council or to a fact finder; provided however, that the matter(s) in dispute may not be submitted directly to the Phoenix City Council unless both parties so agree. </li><li type="A"><span style="text-decoration:underline;">Submission to Phoenix City Council.</span><br>If both parties execute and submit to the Board a statement that the matter(s) in dispute may be submitted directly to the Phoenix City Council, then the Board's agent, upon receipt of the statement, shall submit the matter(s) in dispute to the Phoenix City Council. Each party shall file with the Phoenix City Clerk within ten (10) days from notification by the Board's agent that the matter(s) in dispute have been submitted to the Phoenix City Council, a position paper on the issues in dispute and shall certify that a copy of the position paper has been served on the other party. </li><li type="A"><span style="text-decoration:underline;">Submission to Fact Finder.</span><br> <ol> <li type="1">If both parties have not agreed to submit the matter(s) in dispute directly to the Phoenix City Council, then, within forty-eight (48) hours from either the issuance of an order under Rule 6.2(B)(2) of these Rules and Regulations or the notification from the mediator under Rule 6.3(E) of these Rules and Regulations, the parties shall meet with the Board's agent to select a fact finder from the list provided by alternately striking names from those then available until one name remains. If the parties cannot agree as to who shall strike the first name, the order of selection shall be determined by the toss of a coin. If, for any reason, the parties have not timely selected a fact finder, the Board shall immediately meet and appoint a fact finder. </li><li type="1">The fact finder shall complete fact-finding within five (5) business days of notification by the Board of the selection or appointment of the fact finder. Any hearings convened by the fact finder shall be private unless all parties agree to have them public. The fact finder may request of the Board or any authorized member thereof the issuance of subpoenas to compel the attendance of witnesses and production of documents relating to any matter under inquiry, investigation or hearing. The fact finder may administer oaths. Within three (3) business days of the completion of fact-finding, the fact finder shall file with the Board, and deliver to both parties, a report and advisory recommendation. The report and advisory recommendation shall not be made available to the public except as hereinafter provided. </li><li type="1">If the parties have not reached an agreement within five (5) business days from receipt of the fact finder's report and advisory recommendation, the Board's agent shall transmit a copy of the report and recommendation to the Mayor and Phoenix City Council, shall file a copy with the Phoenix City Clerk and shall make it available to the public. </li><li type="1">If either party fails to accept the fact finder's advisory recommendations, in whole or in part, then, within five (5) business days after the report and recommendation has been made public, the City Manager, or his designated representative, and the employee organization shall each submit to the Phoenix City Council written recommendations for settling the dispute. Thereafter, the procedures contained in Phoenix City Code, Section 2-219(J) shall apply. </li></ol></li></ol></td></tr></tbody></table></div>
ARTICLE VII.. Effective Date. <div class="ExternalClassB66F6F724550451F86570EF38B5A329B"> <table class="body"><tbody><tr><td valign="top">7.1    </td><td valign="top"><span style="text-decoration:underline;">Effective Date.</span><br>These amendments to the Phoenix Employment Relations Board's Rules and Regulations shall become effective on the day following their approval by the Phoenix City Council. </td></tr></tbody></table><p> </p><p><span class="body">STATE OF ARIZONA               )<br>                                                    )         ss<br>COUNTY OF MARICOPA       ) </span></p><p>I, _____________, the duly appointed and qualified Special Deputy City Clerk of the City of Phoenix, County of Maricopa, State of Arizona, do hereby certify and attest the attached to be a true and correct copy of the Amended Rules and Regulations of the Phoenix Employment Relations Board, approved by the Council of the City of Phoenix at a Formal Meeting held on the __th day of _________, 2000 all as appears of record in the office of the City Clerk. </p><p>IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of the City of Phoenix to be affixed hereunto this (day) day of (month), 2000. </p><p> </p><div align="right">____________________________<br>SPECIAL DEPUTY CITY CLERK </div><p><span class="botnav"><br><br></span> </p></div>
ARTICLE I.... General Provisions. <div class="ExternalClassAA3C7CD1C4E244F4BD629417BBCB14C3"><table class="body"><tbody><tr><td valign="top">1.1    </td><td valign="top"><span style="text-decoration:underline;">Purpose of Rules and Regulations.</span><br>These Rules and Regulations are established for the efficient operation of the Phoenix Employment Relations Board, the orderly administration of the ordinance, and the enforcement of the statutory rights, obligations, and privileges of public employees, public employee organizations, and the City of Phoenix. </td></tr><tr><td valign="top">1.2</td><td valign="top"><span style="text-decoration:underline;">Interpretation.</span><br>These Rules and Regulations shall be liberally construed to effectuate the purposes and provisions of the ordinance. </td></tr><tr><td valign="top">1.3</td><td valign="top"><span style="text-decoration:underline;">Definitions.</span> <ol><li type="A">The "Board" shall refer to the five-member Phoenix Employment Relations Board, or members thereof authorized to act on behalf of the Board. </li><li type="A">The "Board's Agent" shall refer to the Board's administrative staff and/or any other individual authorized by the Board to perform certain tasks on behalf of the Board. </li><li type="A">The "Ordinance" shall refer to Phoenix City Code, Sections 2-209 through 2-221 inclusive and amendments thereto. Terms used in these Rules and Regulations shall have the same meaning as those defined in the ordinance unless their context clearly indicates otherwise. </li><li type="A">"Hearing Officer" shall mean the person appointed by the Board or the Board's agent to conduct the hearing on a charge filed with the Board. </li><li type="A">"Petition" shall mean the formal document constituting the request that the Board: (1) order an election to determine whether an employee organization should be certified as the authorized representative of the employees in an appropriate unit; (2) order an election to determine whether an employee organization retains sufficient support as an authorized representative of the employees in the appropriate unit; or (3) amend or clarify a certification pursuant to Rule 2.4 of these Rules and Regulations. </li></ol></td></tr><tr><td valign="top">1.4</td><td valign="top"><span style="text-decoration:underline;">Authority of the Board.</span><br>The Board shall be responsible for the enforcement of the ordinance and these Rules and Regulations. The Board shall have exclusive authority to determine the existence of an unfair labor practice. Written claims of violation of Phoenix City Code, Section 2-220, shall be adjudicated by the Board. The Board, however, shall have no jurisdiction over any cases involving employee discipline where an affected employee has timely filed an appeal of that discipline under the City's Civil Service system. </td></tr><tr><td valign="top">1.5</td><td valign="top"><span style="text-decoration:underline;">Enforcement Powers of the Board.</span><br>If the Board determines that a party has engaged, or is engaging, in conduct in violation of the ordinance, it may issue an order requiring the party to cease and desist from such conduct. The Board may also require the party to make reports showing the extent to which the party has complied with the order issued.<br>If the Board determines that the City has engaged, or is engaging, in an unfair labor practice, it may order the City to cease and desist such unfair labor practice and, if the unfair labor practice involves the demotion, suspension or termination of an employee, the Board may order the reinstatement of such employee, with or without back pay. The Board may order the parties to bargain in good faith. However, the Board shall have no power to order other affirmative action that would in any way diminish the charter powers of the City Council, City Manager, Personnel Official, or the Phoenix Civil Service Board. The Board may make an advisory recommendation to the appropriate authority.<br>The Board or any party may petition the Maricopa County Superior Court for such order of the court as may be necessary to compel compliance with an order of the Board.<br>Any party subject to an order from the Board may seek review in the Maricopa County Superior Court, but such review shall be limited to the claim that the Board has failed to exercise discretion which it has a duty to exercise; that the Board has failed to perform a duty required by law as to which it has no discretion; that the Board has proceeded or is threatening to proceed without or in excess of its jurisdiction or legal authority; or that the Board's determination was arbitrary and capricious or an abuse of discretion. </td></tr><tr><td valign="top">1.6</td><td valign="top"><span style="text-decoration:underline;">Decisions of the Board.</span><br>The Board shall decide all matters; provided, however, that three members shall constitute a quorum for the transaction of business and may hear or decide any matter. In the absence of the chairman, the members present, if constituting a quorum, may appoint an acting chairman who shall be one of the public members. The members of the Board deciding a matter shall be the same as those hearing the issues. In the event a hearing on a matter extends to two or more meetings, a member of the Board who was not present, in person or by phone, at one or more of the meetings, may still participate in the deliberation and decisoin of the Board so long as that member has read the transcript or has listened to the digital recording of any missed meeting prior to the Board rendering its decision. </td></tr><tr><td valign="top">1.7</td><td valign="top"><span style="text-decoration:underline;">Computation of Time.</span><br>Whenever the time limit in these Rules and Regulations for any act is ten (10) days or more, Saturdays, Sundays and legal holidays shall be included in making the computa-tion. Whenever the time limit in these Rules and Regula-tions is less than ten (10) days, Saturdays, Sundays and legal holidays shall be excluded. Whenever the last day of any such period shall fall on a Saturday, Sunday or legal holiday observed by the City of Phoenix, such day shall be omitted from the computation and the act required to be performed shall be deemed timely if performed on the fol-lowing business day. The Board, for good cause shown, may shorten or extend any time prescribed in these Rules and Regulations, other than the time for filing an initial pleading. </td></tr><tr><td valign="top">1.8</td><td valign="top"><span style="text-decoration:underline;">Notice of Meetings.</span><br>Notice of any Board meeting shall be given in accordance with Phoenix City Code, Section 2-211(F). As the term is used in Phoenix City Code, Section 2-211(F)(1), the Board shall construe "parties directly interested" to include the following: (1) in proceedings instituted pursuant to Article II of these Rules and Regulations, the petitioner, any intervenor, the public employer, and the authorized representative; (2) in proceedings instituted pursuant to Article III of these Rules and Regulations, any named charging party, any named charged party, any employee named in the charge, and, in the event proceedings are instituted by any unit employee, the authorized representative for that unit.<br>In a given matter or proceeding, notice shall be given to any organization or any individual who has properly executed and timely filed a request for notice of such meetings with the Board. Such request shall include the following: (1) the name and address of the individual or organization to whom the notice is to be sent; and (2) if a place of business, the normal days and hours of operation of said business. </td></tr><tr><td valign="top">1.9</td><td valign="top"><span style="text-decoration:underline;">Filing and Service; Proof of Service.</span><br>All documents required to be filed shall be filed at the offices of the Board, with copies provided to the assigned hearing officer and the opposing party or his, her or its representative of record. Unless otherwise provided by these Rules and Regulations, all documents required to be served, either by the Board's agent or a party, may be served personally, by intra-city mail or by first class mail. The individual serving the same shall file a verification stating the method and date of service, along with the names and addresses of the persons served. If a party has the right or is required to do some act, or take or participate in some proceeding within a prescribed period after service of a notice or other document upon him, and the notice or other document is served by first class mail, three (3) days from the date of mailing shall first be added to the prescribed period. </td></tr><tr><td valign="top">1.10</td><td valign="top"><span style="text-decoration:underline;">Severability.</span><br>If any provision of these Rules and Regulations is held to be invalid by a court of competent jurisdiction, such holding shall not be construed to invalidate any other provision of these Rules and Regulations.</td></tr><tr><td valign="top">1.11</td><td valign="top"><span style="text-decoration:underline;">Hearing Officer Compensation.</span><br>Except for the day(s) of hearing, for any work of less than an eight hour day, a hearing officer shall only be compensated for time actually spent on any such work on an hourly basis of his perdiem.</td></tr></tbody></table></div>
ARTICLE II... Proceedings For Certification, Decertification, Amendment of Certification Or Unit Clarification. <div class="ExternalClassFAC039734C0B46C98F34946C6E78312B"><table class="body"><tbody><tr><td valign="top">2.1    </td><td valign="top"><span style="text-decoration:underline;">Generally.</span><br>Any person designated in the applicable subsection of Rule 2.2 of these Rules and Regulations may file a petition for certification, decertification, amendment of certification or unit clarification pursuant to Phoenix City Code, Section 2-216. <p> </p></td></tr><tr><td valign="top">2.2</td><td valign="top"><span style="text-decoration:underline;">Who May File.</span><br> <ol><li type="A"><span style="text-decoration:underline;">Representation Petition Seeking Certification (RC).</span><br>A petition for certification as authorized representative under Phoenix City Code, Section 2-216, may be filed by any individual, employee, group of employees or an employee organization alleging that at least thirty percent (30%) of the employees in the appropriate unit desire to be represented by the petitioner for meet and confer purposes. The petition shall be accompanied by evidence of the thirty percent (30%) showing of interest. </li><li type="A"><span style="text-decoration:underline;">Decertification Petition (RD).</span><br>Any individual, employee, group of employees, or an employee organization may file a decertification petition alleging that at least thirty percent (30%) of the employees in the appropriate unit believe their current authorized representative no longer represents the employees in the bargaining unit. The petition shall be accompanied by evidence of the thirty percent (30%) showing of interest. </li><li type="A"><span style="text-decoration:underline;">Employment Petition (RE).</span><br>The public employer may file a petition for an election in a unit where no authorized representative has been certified, but a claim for recognition has been made and strike action has been threatened, to determine if employees desire to be represented. The petition shall be accompanied by evidence supporting the claim.<br>The public employer may also file a petition for an election as a means of questioning the continued majority status of an authorized representative. The petition shall be accompanied by evidence that the public employer has reasonable cause to believe, through the application of objective considerations, that the authorized representative has lost its majority status since its certification. </li><li type="A"><span style="text-decoration:underline;">Petition for Unit Clarification (UC).</span><br>A petition to clarify the inclusion or exclusion of job classifications of employees in a Board determined bargaining unit may be filed by the public employer, an affected public employee, or the authorized representative. Such petition must be in the absence of a question of representation. </li><li type="A"><span style="text-decoration:underline;">Petition for Amendment of Certification (AC).</span><br>The public employer or the authorized representative may file a petition to amend a certification to reflect changed circumstances provided such petition does not raise a question concerning representation. </li><li type="A"><span style="text-decoration:underline;">Petition to Intervene.</span><br>In the event a representation election is to be held, any other individual, employee, group of employees or an employee organization may file a petition alleging that at least ten percent (10%) of the employees in the appropriate unit desire to be represented by the intervening petitioner. The petition shall be accompanied by evidence of the ten percent (10%) showing of interest. If it is determined that there is an adequate showing of interest, the intervening petitioner shall be accorded a place on the ballot. A petition to intervene in an election shall not be entertained after the Board either directs an election or approves an election agreement. </li></ol></td></tr><tr><td valign="top">2.3</td><td valign="top"><span style="text-decoration:underline;">Showing of Interest.</span><br>A showing of interest may consist of a current certification of representation, cards, applications for membership, authorizations for representation, lists and/or petitions which indicate, at a minimum, the employees' interest in being represented by the petitioner or , in the case of a decertification petition, the employees' interest in not being represented by the authorized representative, the signatures of the employees and the dates of the signatures.<br>Documents submitted with any petition shall not be public documents and shall not be made available to any party or individual. The determination of the adequacy or sufficiency of a showing of interest shall be made by the Board's agent. <p> </p></td></tr><tr><td valign="top">2.4</td><td valign="top"><span style="text-decoration:underline;">Petitions to Amend Certification or to Clarify an Appropriate Unit. </span><br>After a certification of representative has been issued, the Board may entertain a petition to amend the certification or to clarify the unit certified. A petition to amend certification shall be filed in accordance with Rule 2.2(E) hereof and a petition for clarification shall be filed in accordance with Rule 2.2(D) hereof. Such petitions shall be filed with the Board on forms provided by the Board. The Board shall issue an order granting or dismissing any such petition, either with or without a hearing thereon. <p> </p></td></tr><tr><td valign="top">2.5</td><td valign="top"><span style="text-decoration:underline;">Contract Bar.</span><br>A memorandum of understanding which has been properly executed by the authorized representative and the public employer and approved by the City Council shall be a bar to an election for so much of the term of the memorandum of understanding as does not exceed three (3) years. Petitions for certification or decertification shall be filed during the time period from September 1 to October 1 of the year immediately preceding the expiration of said memorandum of understanding. A memorandum of understanding entered into after a petition has been filed shall not be a bar to an election. A petition for certification of an authorized representative will also be entertained at any time during the term of a memorandum of understanding where it is alleged and shown that the authorized representative is defunct or that a schism has developed within the organizational structure of the authorized representative so as to render the administration of the memorandum of understanding impossible.<br>In the event the status of an employee organization has been revoked, no petition shall be entertained for the certification of another employee organization until such time as a petition would otherwise be timely had the authorized representative's status not been revoked. <p> </p></td></tr><tr><td valign="top">2.6</td><td valign="top"><span style="text-decoration:underline;">Where to File Petitions.</span><br>An original petition shall be filed at the office of the Board on forms which shall be supplied by the Board. <p> </p></td></tr><tr><td valign="top">2.7</td><td valign="top"><span style="text-decoration:underline;">Service of Petition.</span><br>When a petition is filed, the Board's agent shall immediately cause a copy of such petition to be served on all persons having an interest in the proceeding. <p> </p></td></tr><tr><td valign="top">2.8</td><td valign="top"><span style="text-decoration:underline;">Eligibility of Employees.</span><br> <ol><li type="A">Public employees eligible to support a petition shall be full-time and regular part-time employees in the appropriate unit and those included by determination of the Board. </li><li type="A">Public employees not eligible to support a petition are those excluded by Phoenix City Code, Section 2-210, (4), (9), (14), (15) and (19) and Section 2-212, and those excluded by determination of the Board. </li></ol></td></tr><tr><td valign="top">2.9</td><td valign="top"><span style="text-decoration:underline;">List of Employees in Appropriate Unit.</span><br>Within ten (10) days after the filing of a petition and service thereof, the public employer shall furnish the Board with an alphabetical list of employees in the unit in which an election is sought, including those employed as of the close of the pay period immediately preceding the date the petition was filed. The Board's agent shall be responsible for checking the adequacy of the showing of interest of the petitioner and any intervenors. Should the public employer disagree with the unit description set forth in the petition, the public employer shall designate those employees which it would include or exclude in addition to the employees described in the petition. <p> </p></td></tr><tr><td valign="top">2.10</td><td valign="top"><span style="text-decoration:underline;">Pre-Election Conference.</span><br>Upon determining that the petitioner has an adequate showing of interest in the unit sought to be represented, the Board's agent shall issue notice of and shall conduct a pre-election conference to be held with the public employer representative(s), the petitioner and any intervenor having an adequate showing of interest. The pre-election conference shall be held no sooner than nine (9) nor later than twenty (20) days following the filing of the petition. If all parties agree upon the time, date, and site(s) for an election, and the payroll closing date to be used to determine employee eligibility, they may enter into a consent election agreement. Voters whose eligibility may be in dispute shall be permitted to vote a challenged ballot. <p> </p></td></tr><tr><td valign="top">2.11</td><td valign="top"><span style="text-decoration:underline;">Approval of Consent Election Agreement.</span><br>All parties may enter into an election agreement and file said agreement with the Board, but such agreement shall not be submitted prior to the time and date of the scheduled pre-election conference.<br>The consent agreement shall, by 5:00 o'clock p.m. on the first business day following the scheduled pre-election conference, be submitted to the Board for approval. Prior to consideration of the consent agreement by the Board, the Board's agent shall submit a recommendation that the agreement be approved or disapproved. <p> </p></td></tr><tr><td valign="top">2.12</td><td valign="top"><span style="text-decoration:underline;">Notice of Hearing.</span><br>If, on the first business day following the scheduled pre-election conference, no consent agreement is filed with the Board, or in the event said agreement is not approved by the Board, the Board's agent shall issue and cause to be served upon all parties a notice of hearing which shall fix the date, time, and place of hearing. Said hearing shall be scheduled no sooner than seven (7) days nor later than ten (10) days after the date of the issuance of the notice of hearing. Any request for continuance of the hearing date must be filed at the office of the Board at least three (3) working days prior to the date set for hearing. Upon good cause shown, the Board, or any authorized member thereof, may continue the date set for hearing.<br>Based upon the record and briefs, if any, of the parties, the Board shall resolve any remaining issues concerning the election procedure. <p> </p></td></tr><tr><td valign="top">2.13</td><td valign="top"><span style="text-decoration:underline;">Notice of Election.</span><br>The Board's agent shall prepare and serve upon the parties the official notice of election which shall set forth the time, date, place of election, the appropriate unit, voting eligibility requirements, and a sample of the ballot to be used in the election. The public employer shall post copies of the notice of election in places where copies of notices to employees in the appropriate unit are normally posted for a period of at least five (5) days prior to the election. <p> </p></td></tr><tr><td valign="top">2.14</td><td valign="top"><span style="text-decoration:underline;">Election Procedures.</span><br>Elections shall be conducted by such person(s) as may be designated by the Board. All elections shall be conducted in the time period between fifteen (15) and thirty (30) days following the issuance of an order by the Board directing an election or the approval of an election agreement by the Board.<br>Within seven (7) days following the approval of the election agreement or the issuance of an order by the Board directing an election, the public employer shall furnish the Board with a list of the names and addresses of all employees in the appropriate unit. The Board's agent shall serve a copy of said list on all other parties to the election.<br>The election shall be conducted by secret ballot at times and places specified in the notice of election.<br>The ballots shall be prepared by the Board's agent and shall remain in the possession of the Board's agent prior to conducting the election. Ballots shall give employees an opportunity to vote for any qualified employee organization seeking certification or for no employee organization. The order in which choices appear on the ballot shall be determined by agreement of the parties or by the Board's agent.<br>In a runoff election, the order in which choices appear shall be determined by the sequence appearing on the ballot at the prior inconclusive election.<br>Each party to the election shall be entitled to be represented by an equal number of observers at each polling place. The person(s) conducting the election on behalf of the Board shall have the discretion to limit the number of observers any party may have at any polling place.<br>Observers shall be employees eligible to vote. However, in the case of the employer's observers, they shall not be supervisory employees nor shall they be management personnel in the unit for which the election is being conducted.<br>Prior to commencement of the election, the Board shall designate the polling area and no electioneering shall be permitted within the designated area. Any violation of this electioneering rule by any party or its agent may be grounds for setting aside the election. <p> </p></td></tr><tr><td valign="top">2.15</td><td valign="top"><span style="text-decoration:underline;">Voting Eligibility.</span><br>Employees eligible to vote in an election shall be all full-time and regular part-time employees in the unit: <ol><li type="A">During the payroll period immediately preceding the date of the order directing an election or the approval of an election agreement, and remaining in an employee status on the date of an election; and </li><li type="A">Those employees included by determination of the Board. Employees not eligible to vote in an election are those excluded by Phoenix City Code, Section 2-210(4), (9), (14), (15) and (19) and Section 2-212, and those excluded by determination of the Board. <ol></ol></li></ol></td></tr><tr><td valign="top">2.16</td><td valign="top"><span style="text-decoration:underline;">Challenged Ballots.</span><br>Any prospective voter may be challenged for cause by any observer or by the person(s) conducting the election on behalf of the Board, by filing with the Board a notice of challenge within forty-eight (48) hours of the election. Any employee whose name does not appear on the eligibility list shall be challenged by the person(s) conducting the election on behalf of the Board. A challenge of an individual previously determined by the Board to be eligible shall only be sustained upon presentation of new or previously unavailable evidence which would support a determination that the challenged voter is no longer eligible to vote.<br> <ol>A challenged voter shall be permitted to vote, but the ballot of such voter shall be sealed in a perforated envelope, the stub of which bears the name of the voter, the voter's job title, the date of the election, the polling place, the reason for challenge, and the name of the individual who challenged the voter. The stubs shall be detachable. If it is subsequently determined that the challenged ballot should be counted, the stub shall be removed in order to destroy the Identity of the voter.<br>In all elections, a majority of the valid votes cast shall determine whether or not an employee representative has been designated. Immediately following the counting of the ballots, the Board's agent shall complete and serve on all parties by hand delivery a tally of ballots. The counting of the ballots shall be open to the public so long as there is no interference with the process. No individual other than the one(s) designated by the Board's agent shall be permitted to handle the ballots. <p> </p></ol></td></tr><tr><td valign="top">2.17</td><td valign="top"><span style="text-decoration:underline;">Hearing on Challenged Ballots.</span><br>In the event that the Board's agent determines that the challenged ballots would affect the outcome of the election, the Board's agent shall issue a notice of hearing in accordance with Article V of these Rules and Regulations to determine the challenged ballots.<br>Prior to the hearing, the Board's agent shall hold a pre-hearing conference, at which all parties shall attend, for the purpose of resolving any challenges which by agreement between the parties can be resolved. If all challenges are not resolved and the number of unresolved challenges is still sufficient to affect the outcome of the election, the issue of the unresolved challenged ballots shall go to hearing. <p> </p></td></tr><tr><td valign="top">2.18</td><td valign="top"><span style="text-decoration:underline;">Objections to Conduct.</span><br>Any party may, within five (5) days after service of the tally of ballots, file with the Board objections to conduct affecting the results of the election, but said objections must be accompanied by evidence which, if true, would warrant setting aside the election. Such objections must be timely filed regardless of whether or not the challenged ballots are sufficient in number to affect the result of the election. A copy of such objections shall be served on all other parties to the election.<br>Objections to a revised tally shall be filed within five (5) days after service of the revised tally. <p> </p></td></tr><tr><td valign="top">2.19</td><td valign="top"><span style="text-decoration:underline;">Hearing on Objections to Conduct.</span><br>The Board shall, at its next regularly scheduled meeting, review the objections and supporting evidence submitted pursuant to Rule 2.18 hereof. If the Board finds, based upon the objections and supporting evidence, that the objections would not, if true, be sufficient to warrant setting aside the election, the objections shall be dismissed. If the Board determines that the objections and the evidence submitted in support thereof, if true, would be sufficient to warrant setting aside the election, the Board shall direct the Board's agent to issue a notice of hearing in accordance with Article V of these Rules and Regulations. <p> </p></td></tr><tr><td valign="top">2.20</td><td valign="top"><span style="text-decoration:underline;">Rerun and Runoff Elections.</span><br>In the event there are three or more choices on the ballot in an election and none receives a majority of the valid votes cast, the Board shall issue an order directing a runoff election between the two choices receiving the highest number of votes. Such runoff election shall be conducted no later than fifteen (15) days after the direction of a runoff election.<br>The Board's agent shall furnish notice of a rerun or run-off election in the same manner as with the original election. Any such notice shall be posted in places where notices to employees were previously posted. In the case of a rerun election, the Board's agent may include in the notice a short statement specifying the reason(s) the election is being rerun. <p> </p></td></tr><tr><td valign="top">2.21</td><td valign="top"><span style="text-decoration:underline;">Certification of Election Results.</span><br>The Board shall issue a certification of the results of the election by issuing a certification of representative if (1) no objections are filed; (2) challenged ballots, if any, are insufficient to affect the results of the election; and (3) a rerun or runoff election is unnecessary. Said certification shall be effective on the date of issuance. </td></tr></tbody></table></div>
ARTICLE III.. Proceedings Alleging A Violation Of Section 2-220 (Unfair Employee Relations Practices) or Section 2-221 (Prohibited Practices) Of The Phoenix City Code. <div class="ExternalClass9113452697AB4610A93830A99811E875"><table class="body"><tbody><tr><td valign="top">3.1    </td><td valign="top"><span style="text-decoration:underline;">Generally.</span><br>A proceeding alleging a violation of Phoenix City Code, Section 2-220 or Section 2-221, shall be instituted upon the filing of a charge setting forth the alleged violation. <p> </p></td></tr><tr><td valign="top">3.2</td><td valign="top"><span style="text-decoration:underline;">Who May File; Time for Filing; Service of Charge.</span><br>Any public employee, authorized representative, or the public employer may file a charge alleging a violation of Phoenix City Code, Section 2-220 or Section 2-221. Such charge shall be filed with the Board on forms provided by the Board within six months after the occurrence of the act or conduct upon which such charge is founded. Upon filing of a charge, the Board shall cause a copy to be served upon the charged party. <p> </p></td></tr><tr><td valign="top">3.3</td><td valign="top"><span style="text-decoration:underline;">Charge and Declaration.</span><br>The charge shall be signed by the charging party or the charging party's representative, if any, and shall contain a declaration that the charging party has read the statements contained therein and that its contents are true and correct to the best of the charging party's knowledge and belief. The charge shall contain: <ol><li type="A">The name, address, telephone number and affiliation, if any, of the charging party; </li><li type="A">The name, address, telephone number and affiliation, if any, of the charged party; </li><li type="A">A clear and complete statement of the facts supporting the alleged violation(s) of the ordinance, including dates, times, and places of occurrence of each particular act alleged, and the section(s) of the ordinance alleged to have been violated; </li><li type="A">A statement of the relief sought by the charging party, provided that the statement shall not limit the Board's ability to award relief based on the record; and </li><li type="A">A statement by the charging party that the charge does not involve disciplinary action taken by the City where such action was the subject of a matter timely filed under the City's Civil Service System. </li><li type="A">The charge shall also be accompanied by an affidavit of the charging party, presenting facts, if proven true, would constitute a basis upon which the Board could reasonably find that the ordinance has been violated. </li></ol></td></tr><tr><td valign="top">3.4</td><td valign="top"><span style="text-decoration:underline;">Informal Resolution of Charge.</span><br>Any charge filed pursuant to Rules 3.1 and 3.2 hereof shall be reviewed in good faith in joint discussion by the parties involved, and informal attempts to resolve the matter shall be made by the parties, including mediation efforts conducted by the Federal Mediation and Conciliation Service, or otherwise, which shall be initiated by the Board within 14 days after the charge is filed. If such informal attempts are unsuccessful in disposing of the matter within thirty (30) days from the date the charge is filed, the matter shall be further processed by the Board. <p>Discussions in mediation sessions shall be confidential among the parties, their representatives and the mediator, and shall be inadmissible in any proceeding under the ordinance, any grievance proceeding, in a Civil Service Board proceeding, and cannot otherwise be disclosed unless required by law. </p><p> </p></td></tr><tr><td valign="top">3.5</td><td valign="top"><span style="text-decoration:underline;">Response to Charge.</span><br>The charged party shall file a response within thirty-five (35) days after the charge has been served on the charged party unless, prior to the date a response is due, an informal resolution of the charge is accomplished pursuant to Rule 3.4 hereof, and written notification signed by the parties and their representatives, if any, is filed with the Board. Such response shall fairly meet each unresolved allegation contained in the charge, and shall include a specific admission or denial to each such allegation; provided, however, if the charged party is without sufficient information to admit or deny any specific allegation, the charged party shall so state in the response. The response may contain affirmative defenses. <p>In the event the charged party fails to file a timely response in accordance with these Rules and Regulations, the Board may, in its discretion, deem the allegations contained in the charge to be true and enter an appropriate order. </p><p> </p></td></tr><tr><td valign="top">3.6</td><td valign="top"><span style="text-decoration:underline;">Charge Affecting Discharged Employee Seeking Reinstatement.</span><br>Any charge alleging the discriminatory discharge or an employee where the remedy sought is reinstatement shall be accompanied by an affidavit of the affected employee, presenting facts which, if proven true, would constitute a basis upon which the Board could reasonably find that the Ordinance has been violated. <p>Notwithstanding Rules 3.4 and 3.5 hereof, any charge alleging the discriminatory discharge of an employee or the causing of the employer to discriminatorily discharge an employee shall be placed on the agenda of the Board's next regularly scheduled meeting held not less than three (3) days after the charge is filed. If the Board determines that the charge has been properly filed in accordance with Rules 3.2 and 3.3 hereof, and further determines that the charge is accompanied by an affidavit of the affected employee, presenting facts which, if proven true, would constitute a basis to reasonably find that the Ordinance has been violated, then the Board shall direct its agent to issue and serve a notice of hearing in accordance with Rule 3.10 hereof. The charged party shall file a response to such a charge within ten (10) days from the date the notice of hearing is issued. </p><p> </p></td></tr><tr><td valign="top">3.7</td><td valign="top"><span style="text-decoration:underline;">Motion to Dismiss Charge.</span><br>The charged party may, in lieu of, or in addition to, a response to the charge, file a motion to dismiss the charge on the basis that the Board does not have subject matter jurisdiction and/or the affidavit accompanying the charge fails to present sufficient facts which, if proven true, would constitute a basis upon which the Board could reasonably find that the Ordinance has been violated. A response, if any, to a motion to dismiss shall be filed and served within ten (10) days after service of the motion or at such other time as directed by the Board. If the Board denies the motion, the Board shall direct its agent to issue and serve a notice of hearing in accordance with Rule 3.10 hereof, and the charged party shall, if it has not already done so, file a response to the charge within ten (10) days from the date the notice of hearing is issued. <p> </p></td></tr><tr><td valign="top">3.8</td><td valign="top"><span style="text-decoration:underline;">Amendment to Charge.</span><br>At any time within thirty (30) days after filing a charge, the charging party may file an amended charge with the Board and serve a copy thereof upon the charged party. The charged party shall file a response to an amended charge within the time remaining for responding to the original charge or within five (5) days after service of the amended charge, whichever period may be the longer, unless the Board otherwise orders.<br>Except as provided herein, a charge may not be amended without approval of the Board and a determination by the Board that the charged party will not be unfairly prejudiced thereby. <p> </p></td></tr><tr><td valign="top">3.9</td><td valign="top"><span style="text-decoration:underline;">Withdrawal of Charge; Voluntary Adjustment of Charge.</span><br> <ol><li type="A"><span style="text-decoration:underline;">Voluntary Withdrawal of Charge.</span><br>The charging party may voluntarily withdraw a charge by filing a notice of withdrawal of charge at any time prior to the filing of a response to the charge by one or more of the charged parties. Following the filing of a response to the charge by one or more of the charged parties, the charge may be withdrawn only with the consent of the Board. Requests to withdraw a charge shall be filed with the Board and shall be heard and determined by the Board at its next regularly scheduled meeting. </li><li type="A"><span style="text-decoration:underline;">Voluntary Adjustment of Charge.</span><br> <ol> <li type="1"><span style="text-decoration:underline;">Agreement Between All Parties.</span><br>The Board encourages voluntary adjustment of a dispute which gives rise to the filing of a charge with the Board. To that end, parties to a dispute may enter into a voluntary adjustment of a dispute which provides the basis for the entry of a consent order by the Board. Such voluntary adjustment shall be signed by all parties and shall be filed with the Board.<br> <p>At its next regularly scheduled meeting, the Board shall meet to consider the terms of the proposed adjustment and decide whether to approve the voluntary adjustment. Upon approval of a voluntary adjustment, a consent order shall be issued by the Board and served on the parties.<br> </p><p>Immediately after service of the consent order, the parties shall comply with the terms and conditions of the order of the Board. Upon completion of compliance with the terms and conditions, the parties shall so notify the Board, and the proceedings on the charge shall be closed.<br> </p><p>If the terms and conditions of the consent order are not being met, the aggrieved party may file with the Board a complaint, together with evidence in support of the alleged noncompliance. If the Board determines that there has been noncompliance with the terms of a voluntary adjustment, it may revoke its consent order and direct its agent to issue a notice of hearing on the original charge. </p><p> </p></li><li type="1"><span style="text-decoration:underline;">Unilateral Agreement.</span><br>The Board may approve a voluntary adjustment of a dispute executed only by the charged party if it determines that said adjustment effectuates the policies of the ordinance. The Board's agent shall serve a copy of the proposed adjustment on all interested parties. Any interested party shall have five (5) days within which to file objections to the entry of a consent order of the Board pursuant to the proposed voluntary adjustment. If the Board determines that the objections are not meritorious, it may enter and serve on the parties a consent order. If the Board determines that the objections are meritorious, it shall not enter a consent order. <p> </p></li><li type="1"><span style="text-decoration:underline;">Effect of Voluntary Adjustment Filed After Issuance of Notice of Hearing.</span><br>The Board's agent, upon receipt of a voluntary adjustment after the issuance of a notice of hearing, shall issue and serve upon the parties an order postponing said hearing pending consideration of and ruling on the proposed voluntary adjustment by the Board. <p> </p><ol></ol></li></ol></li></ol></td></tr><tr><td valign="top">3.10</td><td valign="top"><span style="text-decoration:underline;">Notice of Hearing, Prehearing Scheduling Conference and Prehearing Statement.</span><br>When the Board has ordered that part or all of the charge be heard, the Board's agent shall appoint a hearing officer and cause a notice of hearing to be issued and served upon the parties and their representatives, if any. The notice of hearing shall state the time, date, and place of hearing, along with the name of the hearing officer, if one is appointed. The hearing shall be scheduled no sooner than twenty-one (21) days from the date of service of the notice of hearing upon the charged party. <p>A party, within seven (7) days from the date the notice of hearing is issued, may file a request with the Board for a change of hearing officer. The request shall be accompanied by an affidavit stating facts supporting a party's claim that, on account of the bias, prejudice, or interest of the assigned hearing officer, he cannot obtain a fair and impartial hearing. the Board shall consider and rule on the request at its next regularly held meeting </p><p>The hearing officer shall hold a prehearing scheduling conference within twenty (20) days of service of the notice of hearing. The conference may be conducted telephonically. Items to be discussed at the conference may include: Length of the hearing, specification of claims, exchange of documents, stipulation of uncontested facts, number of witnesses expected to be used, advance filing of exhibits, and any other matters the parties may wish to discuss. </p><p>Not later than ten (10) days prior to the date of the hearing, the parties shall file with the Board, and shall provide a copy thereof to the hearing officer, a jointly prepared statement containing: (1) the name of each party and, if represented, the name, address and telephone number of such representative; (2) the names and addresses of all witnesses each party intends to call and a concise summary of the anticipated testimony of such witnesses; (3) a list of exhibits each party intends to introduce, along with a statement that all listed exhibits have been made available to the other party; and (4) a statement of all facts to which the parties have stipulated as being true. </p></td></tr><tr><td valign="top">3.11</td><td valign="top"><span style="text-decoration:underline;">Priority of Cases.</span><br>Unless otherwise ordered by the Board, a charge shall be accorded priority on the basis of the date of filing; provided, however, that any charge which alleges unlawful picketing or striking by an employee organization, authorized representative or employee, or alleges a refusal by the public employer to enter into mediation or fact finding, shall be accorded priority over all other charges pending before the Board. Provided further, that a charge alleging the discriminatory discharge of an employee or the causing of an employer to discriminatorily discharge an employee shall be accorded priority over all other cases except those alleging unlawful striking or picketing. </td></tr></tbody></table></div>
ARTICLE IV... Compliance With And Violations Of Section 2-216 (Qualifications Of Employee Organizations) Of The Phoenix City Code. <div class="ExternalClassAD7CACA3DE0643708C6C4E1F4AA82336"> <table class="body"><tbody><tr><td valign="top">4.1    </td><td valign="top"><span style="text-decoration:underline;">Compliance with Section 2-216(A) and (B) of the Phoenix City Code.</span><br>An employee organization seeking recognition shall file, upon demand by the Board's agent, those documents required to comply with Phoenix City Code, Section 2-216(A). In addition, such employee organization shall file, in accordance with Phoenix City Code, Section 2-216(B), a sworn statement that the employee organization has established and will maintain standards providing for election of its local officers at least every three (3) years, along with an annual financial statement in substantial compliance with 29 U.S.C. §431(b) reflecting the financial condition of the organization for a period ending within the last calendar year prior to the date of filing. In the event the employee organization has not existed for a period of at least one (1) year, the employee organization shall file a financial statement within ninety (90) days after the completion of its first fiscal or calendar year. If such employee organization is other than a local organization, both the organization seeking recognition and its local affiliate shall comply with the foregoing requirements. Failure of the organization to comply prior to the pre-election conference shall act as a bar to its being on the ballot in that election. <p> </p></td></tr><tr><td valign="top">4.2</td><td valign="top"><span style="text-decoration:underline;">Compliance with Section 2-216(B) of the Phoenix City Code by Authorized Representatives.</span><br>All authorized representatives shall file with the Board on or before the 30th day of June of each year: (1) a sworn statement by an officer of the representative that such representative maintains standards providing for a secret ballot election of its local officers at least every three (3) years; and (2) a financial statement in substantial compliance with 29 U.S.C. §431(b). Such statement shall reflect the financial condition of the representative for a period ending within the calendar year prior to the date of filing. <p> </p></td></tr><tr><td valign="top">4.3</td><td valign="top"><span style="text-decoration:underline;">Change of Information.</span><br>When any of the information supplied pursuant to Phoenix City Code, Section 2-216(A) or (B), is changed, the Board shall be notified of the nature of the change in writing within thirty (30) days of the effective date of such change. <p> </p></td></tr><tr><td valign="top">4.4</td><td valign="top"><span style="text-decoration:underline;">Violation of Section 2-216(B) of the Phoenix City Code and Hearing.</span><br>If an authorized representative has failed to comply with either Rule 4.2 of Rule 4.3 of these Rules and Regulations, the Board's agent shall issue a notice of hearing concerning the alleged violation. The hearing shall be held before the Board within thirty (30) days after the issuance of the notice of hearing. <p> </p></td></tr><tr><td valign="top">4.5</td><td valign="top"><span style="text-decoration:underline;">Violation of Section 2-216(C) of the Phoenix City Code and Hearing.</span><br>Any aggrieved person may file with the Board an allegation of a violation of Phoenix City Code, Section 2-216(C), on forms provided by the Board. If such an allegation is filed, the Board's agent shall issue a notice of hearing concerning the alleged violation. The hearing shall be held before the Board within thirty (30) days after the issuance of the notice of hearing. <p> </p></td></tr><tr><td valign="top">4.6</td><td valign="top"><span style="text-decoration:underline;">Remedies.</span><br>If, after the hearing, an employee organization is found to be in violation of Phoenix City Code, Section 2-216(B) or Section 2-216(C), the Board shall issue an order requiring compliance consistent with the provisions of the ordinance. The failure of the employee organization to comply with such an order shall prevent it from being certified as an authorized representative or from continuing in that capacity until such time as compliance occurs. </td></tr></tbody></table></div>
ARTICLE V.... Rules Governing Hearings. <div class="ExternalClass2766AE0A5E9642238C8CF8960A40799F"> <table class="body"><tbody><tr><td valign="top">5.1    </td><td valign="top"><span style="text-decoration:underline;">Setting of Hearing.</span><br>On any matter ordered to be heard pursuant to these Rules and Regulations, the Board's agent shall issue and serve upon the parties a notice of hearing. The notice of hearing shall state, in addition to any other requirement contained in these Rules and Regulations, the time, date and place of the hearing and that the matter shall be heard before the Board or before a hearing officer designated by the Board.<br>Any notice of hearing may be withdrawn or amended prior to the beginning of the hearing; and, where appropriate, the Board may cause cases pending before it to be consolidated. A hearing shall commence at the date and time specified in the notice of hearing and shall continue on consecutive business days thereafter or at such other times as set by the Board or hearing officer until the hearing has concluded.<br>Postponement of a hearing shall be granted only upon written application by a party desiring such postponement and for good cause shown. Any application for postponement of a hearing shall be filed with the Board or hearing officer, as the case may be, not less than seven (7) days prior to the scheduled hearing and shall set forth the position of each of the other parties involved in the proceeding with respect to such postponement. <p> </p></td></tr><tr><td valign="top">5.2</td><td valign="top"><span style="text-decoration:underline;">Motions.</span><br>Any Motion, including a motion to continue or reset the hearing, and any response thereto, unless made during a hearing, shall be made in writing, shall be filed with the Board, and shall be provided to all parties and the hearing officer. Each Motion and response thereto shall contain a certificate of service. A Motion shall briefly state the relief sought and may be accompanied by such other documentation as the party deems appropriate. A response to a Motion shall be filed and served within ten (10) days after service of the Motion or at such other time as directed by the hearing officer or the Board. Except for a motion filed pursuant to Rule 3.7 of these Rules, which shall be determined by the Board, any Motion filed after the assignment of a hearing officer and before the matter has been transferred back to the Board shall be determined by the hearing officer. A Motion filed at any other time shall be heard by the Board. Oral argument shall be at the discretion of the Board or hearing officer, as the case may be, who shall notify the parties of the date, time, and place of oral argument. The hearing officer may conduct oral argument on any motion telephonically. Any Motion made during the course of a hearing and a ruling thereon shall be part of the record. <p> </p></td></tr><tr><td valign="top">5.3</td><td valign="top"><span style="text-decoration:underline;">Issuance of Subpoenas.</span><br>The assigned hearing officer or any Board member or any authorized member thereof shall, upon written application of any party, issue subpoenae requiring the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence or documents in their possession or under their control. An application for a subpoena may be made ex parte. The subpoena shall show on its face the name and address of the party at whose request it was issued.<br> <p>Any person served with a subpoena, whether ad testificandum or duces tecum, who does not intend to comply with the subpoena, shall, prior to the time fixed in the subpoena for appearance by the witness, petition the Board or hearing officer, as the case may be, in writing, to quash the subpoena. A petition to quash a subpoena shall be served on the party at whose request the subpoena was issued. A petition to quash a subpoena, a response filed thereto, and the ruling thereon shall not become a part of the official record except upon request of the party aggrieved by the ruling.<br> </p><p>A subpoena may be served by any person who is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Witness fees and mileage shall be paid by the party at whose request the witness is subpoenaed. The amount paid to a subpoenaed witness shall be the same amount paid to a witness subpoenaed in proceedings before the Superior Court of the State of Arizona. Proof of service of a subpoena shall be made by filing with the Board's agent a statement of the date and manner of service and of the name(s) of the person(s) served, certified by the person who made the service, along with the original of the issued subpoena. </p><p>If a person fails to comply with a subpoena, the Board may seek compliance by initiating proceedings authorized by Section 12-2212 of the Arizona Revised Statutes. </p><p> </p></td></tr><tr><td valign="top">5.4</td><td valign="top"><span style="text-decoration:underline;">Recordation of Proceedings.</span><br>Any hearing before the Board or a hearing officer shall be electronically recorded by the Board's agent, and the recording and, if transcribed, the transcript thereof shall become part of the record. Any party or the Board may independently arrange for the presence of a reporter at any hearing and such party or the Board, if it shall have arranged for the presence of a reporter, shall pay the cost thereof. If a reporter is present at a hearing, any party or the Board may independently order a transcript directly from the reporter and bear the expense thereof. <p> </p></td></tr><tr><td valign="top">5.5</td><td valign="top"><span style="text-decoration:underline;">Introduction of Evidence; Rights of Parties at Hearings; Hearings; Evidence; and Prehearing Discovery</span><br>A hearing may be conducted in an informal manner and without adherence to the Rules of Evidence required in judicial proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. <br> <p>Any party shall have the right to appear at any hearing in person, by counsel, or by other representative. All parties, the Board, or its hearing officer shall have the power to call and examine witnesses and to introduce documentary and other evidence; provided, however, that a party filing a charge or a party objecting to the conduct of an election shall have the burden of establishing a <span style="text-decoration:underline;">prima facie</span> case upon which relief may be granted by the Board. A party shall, upon offering an exhibit into evidence at a hearing, simultaneously furnish copies of such exhibit to the other parties to the proceeding unless such other parties have already received a copy of the exhibit, or unless excused by the Board or its hearing officer.<br> </p><p>Witnesses shall be examined under oath. Stipulations of fact may be introduced in evidence with respect to any issue. When the Board is conducting a hearing in which the Board is receiving the testimony of witnesses, the Chairman shall rule on all objections to the introduction of evidence and that ruling shall be final and binding on the other members of the Board.<br> </p><p>The refusal of a witness at any hearing to answer any question which has been ruled proper shall be noted in the record and such refusal may be considered in weighing the testimony of such witness, or may be grounds, if requested by any party, for striking all the testimony of that particular witness. Closing arguments, if any, shall be presented at the conclusion of the hearing. Any legal authority which a party wants the Board or hearing officer, as the case may be, to consider shall be put in the form of a legal memorandum and shall be filed prior to or at the close of the hearing, or at such other time as ordered by th eBoard or hearing officer.<br> </p><p>On application of a party and for use as evidence, the hearing officer, if the matter has been assigned to a hearing officer, or any Board member, if the matter has been retained by the Board, may permit a deposition to be taken of a witness who cannot be subpoenaed or is unable to attend the hearing. Prehearing depositions and subpoenae for the production of documents may be ordered by the hearing officer, if the matter has been assigned to a hearing officer, or any Board member, if the matter has been retained by the Board, provided that the party seeking such discovery demonstrates that the party has reasonable need of the deposition testimony or materials being sought. </p><p> </p></td></tr><tr><td valign="top">5.6</td><td valign="top"><span style="text-decoration:underline;">Report and Recommendation of Hearing Officer.</span><br>A Hearing shall be deemed closed upon the conclusion of closing arguments. The hearing officer may direct the parties to submit closing briefs or to brief specific issues. Within sixty (60) days from the close of hearing or receipt of the requested briefs, whichever is later, the hearing officer shall issue and file with the Board a written report which shall include findings of fact, conclusions of law, and a recommended order, and the Board's agent shall cause a copy thereof to be served upon all parties to the proceedings. When the hearing officer's report and recommendation is filed, the matter shall be deemed transferred to the Board for all further proceedings. Within twenty (20) days after the service of the hearing officer's report and recommendation, any party aggrieved thereby may file, at the office of the Board, exceptions accompanied by a statement in support of each exception. A copy of the exceptions shall be served on all other parties to the proceeding and a certificate of service shall be filed with the Board. Within twenty (20) days after the filing of the exceptions with the Board, any other party may file, at the office of the Board, a response to the exceptions and any cross-exceptions accompanied by a statement in support of the response and each cross-exception. A copy of the response and cross-exceptions shall be served on all other parties to the proceeding and a certificate of service shall be filed with the Board.<br> <p>After the last date on which any exceptions, response to exceptions and/or cross-exceptions may be filed, the Board shall, at its next regularly scheduled meeting, hear oral argument of the parties, consider the entire record in the matter, together with the report and recommendation of the hearing officer, any exceptions, cross-exceptions and responses thereto, and shall adopt, reject or modify the report and recommendation, or take any other action it deems appropriate, including remanding the matter to the hearing officer or any other hearing officer for further consideration. </p><p> </p></td></tr><tr><td valign="top">5.7</td><td valign="top"><span style="text-decoration:underline;">The Record.</span><br>The record in any matter shall consist of the pleadings, the notice of hearing, motions, responses to motions, rulings, orders, the recording of the proceedings, the transcript, if one is prepared, of any hearing before a hearing officer or the Board, stipulations, exhibits, exceptions and cross-exceptions. <p> </p></td></tr><tr><td valign="top">5.8</td><td valign="top"><span style="text-decoration:underline;">Motion for Rehearing or Reconsideration of a Board Order.</span><br>Within five (5) days after the issuance of an order or decision of the Board, any party may file and serve upon all other parties a Motion for rehearing or reconsideration of the matter setting forth in the Motion the specific grounds therefor. The Motion shall be filed with the Board and copies served on all other parties. Any other party may file a written response to a Motion for rehearing or reconsideration within five (5) days after service of the Motion. The response shall be filed with the Board and served upon all other parties.<br> <p>When a Motion for rehearing or reconsideration is filed, the Board may allow oral argument at the time said Motion is considered. Thereafter, the Board shall, in writing, affirm, modify, or set aside its previous decision and order. Failure to file a Motion for rehearing or reconsideration shall not be deemed to be failure of a party to exhaust its administrative remedies. </p><p> </p></td></tr><tr><td valign="top">5.9</td><td valign="top"><span style="text-decoration:underline;">Misconduct at Board Hearings</span><br>Misconduct at any Board hearing shall be grounds for summary exclusion from the hearing. As used herein, "misconduct" means conduct which disrupts or interferes with the orderly administration of the proceedings under the ordinance or conduct which manifests a disregard of a lawful order or ruling of the Board or its hearing officer. </td></tr></tbody></table></div>