ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session

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HB 2177: state personnel board; hearings

Sponsor:  Representative Pratt, LD 8

Committee on Government & Elections

Overview

Requires a complaint related to a personnel action be made to the State Personnel Board (Board) within 10 working days of the effective date.

History

If an employee discloses information on a matter of public concern relating to an employee who has control over personnel actions for belief of evidence of a violation of the law or mismanagement, a gross waste of monies or an abuse of authority, the employee who has control over personnel actions is prohibited from taking reprisal against the employee.

If an employee or former employee thinks that the personnel action taken against them is the result of their disclosure of information, they can make a complaint to the following: 1) an appropriate independent personnel board; 2) a community college district governing board; 3) a school district governing board; or 4) a city or town council. If none of the mentioned bodies have been established, the employee or former employee may make the complaint to the Board. The complaint must be made within ten days of the effective date of the action taken against them (A.R.S. § 38-532).

A covered employee who has completed their original probationary period of service can appeal to the Board for their dismissal from covered service, suspension for more than 80 working hours or involuntary demotion resulting from disciplinary action. The appeal must be made in writing and the appeal must be heard by the Board within 30 days (A.R.S. § 41-783).

Provisions

1. Clarifies that a complaint must be made to the Board within 10 working days of the effective date of the action taken against an employee. (Sec. 1)

2. Requires the Board to hear a covered employee's appeal within 60 days after its receipt. (Sec. 2)

3. Specifies that both the covered employee and the employing agency must be notified of the initial hearing date on an appeal not less than 20 days in advance of the hearing and not less than ten days in advance of a board meeting. (Sec. 2)

4. Clarifies that the covered employee and the employing agency can select representatives of their choosing, present and cross-examine witnesses and give evidence at the hearing. (Sec. 1)

5. Makes technical changes. (Sec. 2)

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                        HB 2177

Initials SJ        Page 0 Government & Elections

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