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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
DOC officers; personnel system; covered
Purpose
Adds specified employees at the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR) to covered service under the state personnel system.
Background
Persons employed
by the State of Arizona are considered covered employees or at will uncovered
employees, and unless otherwise provided, all new hires are considered at will
uncovered employees. Employees may also voluntarily accept changes in
assignment to a position in the uncovered service, or voluntarily elect to
become at will uncovered employees without a change in assignment. Once a
covered employee becomes an at will uncovered employee, the change is
irrevocable. Full authority peace officers certified by the Arizona Peace
Officer Standards and Training Board and employees of ADCRR who are employed as
a correctional officer I, II, III or a community corrections officer are exempt
from being considered uncovered employees (A.R.S.
§ 41-742). Rules adopted by the Director of the Arizona Department of
Administration must provide for continuation of probationary periods for
covered employees, minimum probationary service, the ability to be discharged
without cause during the probationary period, and disciplinary action to be
taken against an employee only if cause exists (A.R.S.
§ 41-771).
Uncovered
employees serve at the pleasure of the appointing authority and may be
dismissed at will, and do not have grievance rights or the right to appeal to a
state merit board or council. Covered employees may only be disciplined for
cause, and those who are issued a disciplinary action may have grievance or
appeal rights, as applicable (A.A.C. R2-5A-801
and
R2-5A-803).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems that the following employees at ADCRR are considered covered employees:
a) correctional captains;
b) correctional lieutenants;
c) correctional sergeants;
d) correctional corporals;
e) correctional officer IVs;
f) community corrections unit supervisors; and
g) community corrections group supervisors.
2. Requires designated ADCRR employment positions to be in the covered service on the general effective date.
3. Applies probationary rules for covered service positions to specified ADCRR employees.
4. Requires ADCRR rules to allow for specified correctional officers who would be transferred to the covered service, and who are employed with ADCRR on the general effective date, to keep the maximum annual leave carryover and the annual leave accrual rate prescribed for correctional officers in the uncovered service.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Requires ADCRR rules to allow for specified correctional officers who would be transferred to the covered service, and who are employed with ADCRR on the general effective date, to keep the maximum annual leave carryover and the annual leave accrual rate prescribed for correctional officers in the uncovered service.
House Action Senate Action
MAPS 1/22/24 DP 14-0-0-1 MAPS 3/6/24 DP 7-0-0
3rd Read 2/1/24 54-1-1-0-4
Prepared by Senate Research
April 24, 2024
ZD/cs