City urged to improve personnel procedures

Bill Sims, the attorney who investigated Maricopa City Councilmember Alan Marchione for an allegation of inappropriate workplace conduct, made six recommendations to the city council during its Tuesday meeting.

Four had nothing to do with the allegations against Marchione, he said, but they did outline disciplinary measures and workplace practices the city should adopt.

“I can tell you some of the concerns that were identified in the complaint could have been addressed, sooner rather than later, if there had been a better system of reporting,” Sims said.

Sims said the complaint, once issued by City Manager Brenda Fischer, “triggered responsibilities” for the city council.

Fischer submitted a complaint May 26 to the city attorney alleging misconduct on the part of Marchione. The city then hired Sims to investigate the matter.

“You are employers,” Sims told the council. “Many of the people in this room work for you. You as employers need to take steps to ensure that your employees don’t have to work in an environment they perceive as hostile.”

Sims said during the course of his investigation he was extremely impressed with the city staff and how cooperative they were. However, he said he saw “a number of trends that you need to address as employers.”

First, the council needs to draft a code of ethics “so then you, the city councilmen, know what the limits are,” he said.

Secondly, the council should adopt a censure provision in the city code.

“Your jurisdiction has nothing,” Sims said. “Even if all the allegations in the complaint were proved to be true, you could do absolutely nothing.”

Thirdly, the personnel manual needs to more clearly address dating within the office, reporting grievances and protecting employees against retaliation. 

“I was surprised by the number of people on your staff who were unaware of the limitations imposed on the council-manager form of government,” Sims said.

“At a time of stark budget constraints, at a time when people are looking over their shoulders wondering if they have a job, at a time when you, as elected officials make statements at that dais, concerned about budgets, people out there perceive that as a possible threat to their job,” he added.

“I stand here unequivocally tonight and say it would be against the law for you to try to fire anybody other than the manager, or the attorney,” Sims told the council.