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REFERENCE TITLE: public employees; unlawful acts; termination |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2571 |
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Introduced by Representative Olson
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AN ACT
amending title 38, chapter 1, Arizona Revised Statutes, by adding article 2; relating to public officers and employees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 38, chapter 1, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. PUBLIC EMPLOYEES
38-111. Unlawful acts of public employee; termination; statewide concern; standing to sue; definitions
A. Notwithstanding any other law, employment bargain or a rule prescribed by a civil service board or equivalent authority of any state agency or political subdivision of this state, a public employer shall immediately terminate from their employment any unelected public employee who has admitted or been found by a court of law to have unlawfully caused substantial harm to any person on three or more occasions in the course of performing their official duties.
B. The state attorney general and taxpaying residents of this state have legal standing in state court to file an appropriate action at law or equity to compel compliance with this section. In any court challenge to the validity of this section, a taxpayer has standing to intervene.
C. This section does not apply to conflicting non executory contracts. A public employer shall not renew an existing contract with terms that conflict with this section.
D. For the purposes of this section:
1. "Employment bargain" means any employment contract, agreement or understanding, whether formal or informal, concerning the wages, benefits, terms and conditions of employment of any public employee.
2. "Public employee" means any individual who is employed by a public employer.
3. "Public employer" means any branch, department, division, office, agency or political subdivision of this state that has hired or will hire employees.