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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
technical correction; revenue bond authority
(NOW: state personnel board; hearings)
Purpose
Requires complaints against an employer to be made to the Arizona Personnel Board (Board) within 10 working days, rather than 10 calendar days. Requires the Board to hear appeals relating to dismissal, suspension or demotion of a covered employee within 60 days, rather than 30 days.
Background
If an employee or former employee of a public body believes that a personnel action taken against them is the result of their disclosure of allegations of certain violations or abuses of authority, the employee or former employee may make a complaint to: 1) an appropriate independent personnel board; 2) a community college district governing board; 3) school district governing board; or 4) a city or town council. If the outlined boards and councils are not established or do not hear personnel matters, the employee or former employee may make a complaint to the Board. A complaint is required to be made within 10 calendar days of the effective date of the action taken against them (A.R.S. § 38-532).
A covered employee
who has completed the probationary period of service may appeal a dismissal,
suspension or demotion to the Board. The appeal must be made in writing and
filed no later than 10 working days after the effective date of the action. The
appeal must state specific facts relating directly to the charges on which the
appeal is based on and must be heard by the Board within 30 days of receipt.
Both the covered employee and the employing agency must be notified at least 20
days before a hearing or at least 10 days before a meeting and can select
representatives, present and cross-examine witnesses and give evidence to the
Board (A.R.S.
§ 41-783).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires complaints against an employer for personnel action resulting from an employee or former employee's disclosure of certain allegations to be made to the Board or appropriate personnel or governing board within 10 working days, rather than 10 calendar days.
2. Requires the Board to hear appeals relating to dismissal, suspension or demotion of covered employees within 60 days, rather than 30 days.
3. Specifies that the statutorily required 20-day notice in a covered employee’s appeal must occur before the initial hearing and the 10-day notice must occur before the Board meeting.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment.
Senate Action
GOV 2/10/20 DPA/SE 7-0-0
3rd Read 2/20/20 27-0-3
Prepared by Senate Research
February 20, 2020
CS/MH/gs