Bill
Number: H.B. 2377
Smith Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Amber Witter
FLOOR AMENDMENT EXPLANATION
SMITH FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2377
(Reference to House engrossed bill)
Page 1, line 35, strike “subject”
Strike lines 36, 37 and 38, insert “subject to review by the director and appeal as provided in section 41-1830.13.”
Page 2, strike line 20
Line 21, strike “of the employing agency has not proven by a preponderance of the evidence” insert:
“2. May recommend modification of a disciplinary action if the director of the employing agency has not proven by a preponderance of the evidence”
Line 23, after “capricious.” insert “THAT THE EMPLOYING AGENCY HAD JUST CAUSE TO DISCIPLINE THE EMPLOYEE.”
Renumber to conform
Lines 25 and 26, strike “for any discipline to be imposed” insert “for any discipline to be imposed”
Line 28, after the period strike remainder of line
Strike lines 29 and 30
Line 31, strike “proven by a preponderance of the evidence” insert:
“E. On a finding that the director of the employing agency has not proven JUST CAUSE TO DISCIPLINE THE EMPLOYEE by a preponderance of the evidence,”
Lines 33 and 34, strike “may recommend a proposed disciplinary action in light of the facts proven.” insert “THE COUNCIL may recommend a proposed disciplinary action in light of the facts proven.”
Reletter to conform
Strike lines 38 through 43, insert:
“F. Within forty-five days after the conclusion of the hearing, the council shall enter its decision or recommendation and at the same time shall send a copy of the decision or recommendation by certified mail to the employing agency and to the employee at the employee’s address as given at the hearing or to a representative designated by the employee to receive a copy of the decision or recommendation.”
Reletter to conform
Page 3, line 18, strike “: and section 41-1830.13,” insert “and section 41-1830.13:”
Line 23, strike “SECTION 38-1101” insert “TITLE 38, CHAPTER 8, ARTICLE 1”
Strike lines 24 and 25, insert:
“Sec. 2. Section 41-1830.13, Arizona Revised Statutes, is amended to read:
41-1830.13. Review of council decision by agency director; appeal; reinstatement
A. Within fourteen days of receipt of the finding or recommendation by the council pursuant to section 41‑1830.12, the director of the employing agency shall accept, modify or reverse the council's decision or accept, modify or reject the council's recommendation. The director shall accept the council's recommendation unless the recommendation is arbitrary or without reasonable justification. If the director does not accept the council's recommendation, the director shall state the reason or reasons for rejecting the recommendation. The decision of the director of the employing agency is final and binding. The director of the employing agency shall send a copy of the agency's final determination to the employee pursuant to section 41‑1830.12.
B. Except as provided in section 41‑1092.08, subsection H, a classified employee who is suspended, is demoted, has pay reduced, loses accrued leave time or is dismissed pursuant to this article, after a fair hearing and review before the law enforcement merit system council and review of the suspension, demotion, reduction in pay, loss of accrued leave time or dismissal by the director of the employing agency, may appeal the determination of the council and the final determination of the director of the employing agency pursuant to title 12, chapter 7, article 6 on one or more of the following grounds that the order was:
1. Founded on or contained error of law that shall specifically include error of construction or application of any pertinent rules.
2. Unsupported by any evidence as disclosed by the entire record.
3. Materially affected by unlawful procedure.
4. Based on a violation of any constitutional provision.
5. Arbitrary or capricious.
C. In addition to the trial court's powers as prescribed in section 12‑911, if the court overrules the determination of the council or the director of the employing agency, the employee shall be reinstated in the employee's position and the employee shall receive full compensation for any salary withheld pending the determination by the council, the director of the employing agency and court.”
Page 4, strike line 13
Line 14, strike “agency head has not proven by a preponderance of the evidence” insert:
“2. May recommend modification of a disciplinary action if the state agency head has not proven by a preponderance of the evidence”
Line 16, after “capricious.” insert “THAT THE EMPLOYING AGENCY HAD JUST CAUSE TO DISCIPLINE THE EMPLOYEE.”
Renumber to conform
Line 18, strike “for any discipline to be imposed” insert “for any discipline to be imposed”
Line 21, after the period strike remainder of line
Strike lines 22 and 23
Line 24, strike “preponderance of the evidence” insert:
“D. On a finding that the state agency head has not proven JUST CAUSE TO DISCIPLINE THE EMPLOYEE by a preponderance of the evidence,”
Lines 26 and 27, strike “may recommend a proposed disciplinary action in light of the facts proven.” insert “THE COUNCIL may recommend a proposed disciplinary action in light of the facts proven.”
Reletter to conform
Strike lines 31 through 45
Page 5, strike lines 1 through 6
Line 7, strike “AGENCY OR THE AFFECTED EMPLOYEE” insert:
“E. Within forty-five days after the conclusion of the hearing, the council shall enter its decision or recommendation and shall at the same time send a copy of the decision or recommendation by certified mail to the employing agency and to the employee at the employee's address as given at the hearing or to a representative designated by the employee to receive a copy of the decision or recommendation. The state agency head or the agency head's designee shall accept, modify or reverse the council's decision or accept, modify or reject the council's recommendation within fourteen days of receipt of the findings or recommendation from the law enforcement merit system council. The state agency head or the agency head's designee shall accept the council's recommendation unless the recommendation is arbitrary or without reasonable justification. If the state agency head or the agency head's designee does not accept the council's recommendation, the state agency head or the agency head's designee shall state the reasons for rejecting the recommendation. The decision of the agency head or agency head's designee is final and binding. The agency head shall send a copy of the agency's final determination to the covered employee pursuant to this section.
F. Any party may appeal the decision of the law enforcement merit system council or the final decision of the agency”
Reletter to conform
Line 29, strike “SECTION 38-1101” insert “TITLE 38, CHAPTER 8, ARTICLE 1”
Amend title to conform